PUBLIC CONTRACT for hosting services
This document is an official offer (public offer) of a business entity (hereinafter referred to as the “Contractor”) and contains all the essential terms and conditions for the provision of services (Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine).Pursuant to Article 642 (2) of the Civil Code of Ukraine (CCU), in the event that the terms and conditions set out below have been accepted and the payment has been made for the services, the legal entity or individual thereby accepting this offer shall become the Customer.
Terms and Definitions Used in the Contract
Server – a computer software and hardware system that provides functionality requested by the client, giving the client access to certain resources.
Traffic – the total volume of data (files, e-mails, etc.) passing through the server during a certain period of time.
Web Hosting – a service of providing disk space and physical placement of data on a server permanently connected to the Internet.
CPU (processor) – processor power, which is guaranteed by the Contractor when providing the Service to the Customer, according to the selected tariff plan.
RAM – the server’s random access memory available in the capacity stipulated in the tariff plan chosen by the Customer.
Proxy Server – a server and/or software that acts as an intermediary between users’ computers and/or servers.
Domain Name (Domain) – a part of the hierarchical address space of the Internet which has a unique identifier, is serviced by a set of domain name servers and is centrally administered. The domain is identified by the domain name.
DNS Server – domain name services that contain the configuration files of a registered domain.
Login – a set of letters, numbers and symbols, which is unique to the Contractor’s web server and, in combination with the Password, serves as the Customer’s identifier.
Password – a set of letters, numbers and symbols which, in combination with the Login, serves as the Customer’s identifier.
Order – an e-mail sent by the Customer from the Contractor’s website (https://hostpro.ua), containing an order number and the list of the Contractor’s Services that the Customer wishes to receive. To place an order, the Customer fills out the form on the Contractor’s website at https://billing.hostpro.ua/cart.php?a=checkout. The order accepted for execution shall constitute an integral part of this Contract.
Billing System – a section of the Contractor’s website, the login and password for which are provided to the Customer after the order is placed at https://billing.hostpro.ua/clientarea.php. The billing system stores the Customer’s data, the list, date and content of the e-mails sent by the Contractor to the Customer, the list of invoices paid by the Customer, and active Services. The Customer shall be solely responsible for the safety of the login and password to access the billing system.
Contractor’s Website – website located on the Internet at https://hostpro.ua. Access to such website is available to all Internet users 24 hours a day, 7 days a week.
Spamming – any of the following:
- organized mass mailing of information of an advertising, commercial or propaganda nature to other Internet users without their consent; mailing letters that contain rude and offensive statements and suggestions; posting in any conference or forum of messages of an advertising, commercial or propaganda nature, except when such messages are allowed by the rules of such conference or forum or their posting was previously agreed upon with the owners or administrators of such conference or forum;
- mailing of information to the recipients who earlier expressed their unwillingness to receive such information; and
- use of own or provided information resources (mailboxes, e-mail addresses, web pages, etc.) as contact details when taking any of the above actions, regardless of the network point such actions were taken from.
Web Hosting Service(s):
- providing the Customer with a unique name (login) and password, which allows the Customer to place data on the Contractor’s server;
- providing the Customer with a login and password to access the billing system;
- providing the Customer with disk space and other technical resources on the Contractor’s server according to the selected tariff plan specified on the Contractor’s website; and
- providing the Customer with advice needed for using the web hosting; such advice is given by the technical support service, whose contact details are specified on the Contractor’s website.
1. Subject Matter of the Contract
1.1. Pursuant to this Contract, the Contractor undertakes to provide the Customer with the Web Hosting Service in accordance with the tariff plan selected by the Customer. The list and cost of the tariff plans are published on the Contractor’s website.
1.2. The Customer undertakes to pay for the Services chosen by the Customer or the Services already being provided, in accordance with the tariffs specified on the Contractor’s website.
1.3. The Service shall not include the possibility of receiving/sending e-mails in the Contractor’s office, setting up or diagnosing the Customer’s personal computer, modem or software, training in the skills of working on the Internet and using a personal computer.
2. Cost of Services and Payment Procedure
2.1. The cost of the Services provided to the Customer under this Contract shall be specified on the Contractor’s website.
2.2. The Contractor shall send an invoice to the Customer by e-mail at least 14 calendar days prior to the expiration of the settlement period for the Customer to make prepayment for the Services. The Customer shall pay the received invoice by money transfer to the Contractor’s settlement account within 14 calendar days from the invoice generation date, but no later than the end of the settlement period. In the event of failure to pay the invoice in full or in part within the specified time limits, the Contractor shall have the right to suspend the provision of the Services until receiving the full payment for the Services.
2.3. The contact e-mail shall be the e-mail address specified by the Customer when placing an order and stored in the billing system. The Customer shall be solely responsible for e-mail correctness and validity.
2.4. Payment for the Services shall be made in the national currency of Ukraine in the form of a prepayment for the period set by the Customer in the billing system with respect to the Service. The minimum prepayment period for the Service shall be one (1) month. If it is necessary to change the payment period, the Customer shall notify the Contractor via contact e-mail, or change the payment period through the billing system.
2.5. The Customer shall be solely responsible for the correctness and timeliness of the payments made thereby for the Services provided by the Contractor hereunder.
2.6. All bank fee costs for paying the Contractor’s invoices shall be paid by the Customer.
2.7. In case of any change in the Contractor’s bank details, the Customer shall be solely responsible for the payments made using the old details from the moment new bank details are sent by e-mail and/or published on the Contractor’s website (https://hostpro.ua).
2.8. When generating the payment documents in the section “Payment Purpose”, the Customer must specify the number of the invoice received by the Customer. If no invoice number is specified in the payment document, the Contractor shall not guarantee that the received amount will be credited as a payment for the Services prepaid.
2.9. The Contractor may change the tariffs for the Services. New tariffs shall be communicated to the Customer by posting them on the Contractor’s website and/or sending a notice to the Customer’s contact e-mail address. The Customer may disagree with such increase and terminate the Contract by giving a notice to the Contractor within 10 calendar days from the date of posting the information on the website and/or receipt of the notice. The absence of the Customer’s response to the tariff increase notice shall mean that the Customer agrees with the new tariffs and all payment obligations. The tariffs for the Services shall be reduced by the Contractor without prior notification.
2.10. The performance of the Services shall be confirmed by the Delivery and Acceptance Certificate (the “Services Completion Certificate”), which the Customer undertakes to sign within 10 calendar days from the moment of receipt of the Certificate from the Contractor.
2.11. The Parties have agreed that, due to the specificity of the Services provided to the Customer, the Services shall be deemed provided from the moment the Customer receives a login and password for using the Services as they are sent to the Customer’s contact e-mail address. If the Customer makes payment for the next period, the Services shall be deemed provided from the moment the Service activity period is changed in the billing system. If the Customer has any complaints about the Services provided by the Contractor, the Customer shall send the complaints to the Contractor’s postal address or to the Contractor’s e-mail address no later than one day after receiving the Services Completion Certificate. The Services shall be deemed properly performed if no complaints have been received from the Customer within 30 calendar days from the provision of the Services.
3. Rights and Obligations of the Parties
3.1. The Contractor shall be obliged to:
3.1.1. Provide the Services in accordance with the terms and conditions of the tariff plan selected by the Customer for the Service.
3.1.2. At the Customer’s request, provide technical advice to the extent necessary for correct interaction of the Parties in performing the terms and conditions hereof.
3.1.3. To return the balance of the prepaid funds to the Customer within 10 calendar days from the receipt of a written notice, less the cost of registering the domain name if the domain name was registered free of charge and the cost of any additional services provided to the Customer free of charge, in the event the Customer is not satisfied with the quality of the Services provided by the Contractor and the written request for early termination of the Agreement is received by the Contractor. The balance of the funds shall be calculated as of the time of receipt of a written request from the Customer.
3.1.4. In the event of violation of the terms and conditions of this Contract, notify the Customer by e-mail of any violations detected.
3.1.5. Notify the Customer of the facts of attempts by third parties to disrupt the functionality of the Customer’s website if such incidents require special actions from the Contractor.
3.1.6. Send a notice to the Customer after suspending the provision of the Services in the cases set out in clause 3.3.1 of this Contract.
3.1.7. Not to disclose or use information related to the Customer’s activities that became known to the Contractor during the performance of this Contract.
3.2. The Customer shall be obligated to:
3.2.1. Provide complete and accurate information when placing an order for the Service. The Contractor shall not be liable for the consequences arising from the incorrectness of the data entered. Provide all the data (documents) required by the Contractor if it is necessary to verify the identity of the Customer.
3.2.2. Fulfill the requirements set out in the Contract.
3.2.3. Follow the instructions of the Contractor’s specialists regarding the use of the Services and the Internet.
3.2.4. Prepay the Services in a timely manner.
3.2.5. Sign the Services Completion Certificates and send them to the Contractor within 10 (ten) calendar days after receiving them. If the Contractor does not receive the signed Services Completion Certificate within thirty (30) calendar days or a reasoned refusal to sign the Certificate, the Services provided or the works performed shall be deemed to be in compliance with the requirements of the Contract and accepted by the Customer in full, as evidenced by the Services Completion Certificate signed by the Contractor.
3.2.6. Independently monitor compliance with the Internet etiquette rules.
3.2.7. Not to take any actions, knowingly or unknowingly, which may lead to malfunction of the software and/or the system as a whole.
3.2.8. Comply with the requirements of the applicable laws of Ukraine and international law, including not posting illegal materials on the website (pornography, propaganda of interethnic, interracial, interethnic hostility, terrorism, drugs, etc.) and not infringing copyright, related rights and other third party rights.
3.2.9. Not to hold the Contractor liable for any claims and debts, damages, costs, and expenses, including all court costs and attorneys’ fees arising out of litigation and court decisions, which are directly or indirectly related to the Contractor’s Services.
3.2.10. Adhere to the Rules of Using Virtual Hosting Services and the Internet
3.3. The Contractor shall have the right to:
3.3.1. Suspend the provision of the Services, in whole or in part, in the following cases without a prior additional notice:
- if the Customer does not comply with the terms and conditions of this Contract;
- if the Customer repeatedly violates the instructions of the Contractor’s specialists regarding the use of the Services and the Internet;
- if the Contractor considers that any actions taken by the Customer through the Services provided to the Customer under this Contract cause or may cause damage to the Contractor, other customers, or the normal functioning of the network;
- if it has been revealed that the Customer carried out unauthorized mailing (spamming) in any form;
- if the Customer violates netiquette, namely uses an obscene language in a telephone conversation or in correspondence with the Contractor’s specialists;
- if the provision of the Service to the Customer damages the business reputation of the Contractor; and
upon receiving the relevant recommendations or requirements from the employees of the executive authorities of Ukraine where any violation of the laws of Ukraine or the rules of international law is found.
3.3.2. The Contractor’s technical support service shall not be obliged to provide advice on general software, information about which can be obtained from the relevant user manuals for this software, and shall not responsible for unprofessional and unskilled actions of the Customer or the Customer’s representatives.
3.3.3. Offer the Customer to switch to another tariff plan, if the Customer’s requirements for the hardware or other provided resources are too high, and suspend the provision of the Services with return of the prepaid funds not used by the Customer, if the Customer refuses to change the tariff plan.
3.4. The Customer shall have the right to:
3.4.1. The Customer shall have the right, within 30 (thirty) calendar days from the date of commencement of the services, to refuse the Hosting Services provided by the Contractor (except for virtual server and physical server) and receive back the entire amount of payment, minus the cost of domain name registration if the domain name was registered free of charge.
4. Liability of the Parties
4.1. The Contractor shall not be liable for:
4.1.1. Interruptions in the provision of the Services if they were caused by the Customer’s and/or any third party’s actions.
4.1.2. Any damage caused to the Customer as a result of using the Services provided by the Contractor, including the cases when the Customer was notified of the possibility of such damage.
4.1.3. The content and accuracy of any information transferred or received in the course of provision of the Services.
4.1.4. Serviceability of the equipment owned by, and the software used by, the Customer.
4.1.5. Lost profit and/or income, and indirect losses of the Customer during the period of use or non-use (full or partial) of the Contractor’s Services, including cases when the Customer was notified of the possibility of such losses.
4.1.6. Technical condition of the network to which the Customer is connected.
4.1.7. The content of the information published on the Customer’s website.
4.1.8. The integrity, reliability and availability of the Customer’s websites and data on the Contractor’s server.
4.1.9. Problems related to the Customer’s use of unlicensed software and hardware.
4.1.10. The Customer’s unskilled actions related to the use of hosting.
4.1.11. The operability of the software provided to the Customer in the event that the Customer knowingly or unknowingly violated their operability, deleted or made changes to the system or service files.
4.1.12. Operability and usability of software and hardware developed by a third party.
4.2. The Customer shall be liable for:
4.2.1. Violation of applicable legislation, committed by the Customer or a third party by using the Services provided to the Customer by the Contractor.
4.2.2. Non-compliance with the terms and conditions of this Contract.
4.2.3. Failure to adhere to the deadlines and procedure for payment for the Services.
4.2.4. Preservation of the access parameters to the Service (login and password) and damages that may be incurred as a result of the unauthorized use of access parameters to the Service.
5. Transfer of Rights and Obligations
5.1. Each of the Parties may transfer its rights and obligations under this Contract, in full or in part, to its successors, branches, subsidiaries or other persons, notifying the other Party thereof in writing at least fourteen (14) calendar days prior to the transfer.
5.2. Transfer of the rights to the Service to another legal entity, individual or individual entrepreneur shall be carried out in accordance with the requirements and the procedure published on the website at https://hostpro.ua/ in the section “Documents”.
6. Dispute Settlement
6.1. All disputes and differences arising out of this Contract shall be settled by the Parties through negotiations.
6.2. If the Parties fail to reach an agreement, the dispute shall be referred to a court of competent jurisdiction in the manner provided by the applicable laws of Ukraine.
7. Force Majeure
7.1. Neither Party shall be liable for failure to perform or improper performance of the terms and conditions of this Contract if it is caused by unavoidable force majeure circumstances that the Parties could neither know in advance nor foresee. Such circumstances shall include: fire, flood, earthquake, tsunami, tornado, hurricane, typhoon, landslides, mudflows, snow avalanches, volcanic eruptions and other natural disasters, wars, revolutions, coups, strikes, sabotage and terrorist acts, robberies, accidents in the energy supply and communication system, changes in legislation, actions of state bodies and their officials if these circumstances directly affect the implementation of this Contract and their occurrence is certified by the Chamber of Commerce and Industry of Ukraine.
7.2. The Party that becomes aware of the occurrence or the impending occurrence of such circumstances shall immediately notify the other Party of the same.
7.3. The performance of this Contract, in full or in part, shall be suspended for the duration of such circumstances. If the force majeure continues for more than three months, this Contract shall be deemed terminated.
8. Term and Termination of the Contract
8.1. This Contract shall become valid and effective once signed by both Parties and shall remain in force for the term for which a prepayment for the Services has been made by the Customer.
8.2. If a prepayment for the Services is made by the Customer for the next settlement period before the expiration of this Contract, the Contract shall be automatically extended on the same terms and conditions as set forth in this Contract.
8.3. This Contract may be terminated:
8.3.1. On the basis of clauses 2.5, 2.10, 3.2.10, 3.3.1, 4.2.2 and 7.3.
8.3.2. At the option of either Party by giving at least 30 calendar days prior notice to the other Party.
8.3.3. By mutual agreement of the Parties.
8.3.4. The termination of this Contract shall not release the Parties from liability for non-performance or improper performance hereof.
8.3.5. The termination of this Contract shall not release the Customer from the obligation to pay the debt owed to the Contractor for the Services provided thereby.
8.3.6. In the event of early termination of the provision of the Services, the Customer shall be refunded for the full months of unused time (payment for the month during which the service was terminated shall not be refundable), subject to the Customer’s relevant request.
9.1. The Contractor may at any time, without obtaining a separate approval of the Customer, include the personal data received from the Customer into the relevant personal data database of the Contractor, publish the Customer’s personal data in open sources to meet the terms and conditions of this Offer, and process such data in accordance with the purpose set by the Contractor and the laws of Ukraine and in compliance with the laws of Ukraine.
10. Final Provisions
10.1. Once this Contract is signed, all prior agreements and understandings related to the subject matter hereof shall become null and void.
10.2. All Exhibits, Annexes, Supplementary Agreements, and amendments to this Contract signed by authorized representatives of both Parties shall constitute an integral part hereof.