PUBLIC CONTRACT for hosting services
This document is an official offer (public offer) of a business entity (hereinafter referred to as the “Contractor”) contains all the essential conditions for the provision of services (articles 633, 641 and 63 of Ukrainian Civil Code). In accordance with paragraph 2 Art. 642 of Ukrainian Civil Code, in the event that the conditions set out below and the payment for services are accepted, a legal entity or an individual who thereby accepts this offer becomesthe “Customer”.
The terms and definitions used in the Contract
Server – a software-hardware computing system that performs service functions at client’s request, giving him access to certain resources.
Traffic the total amount of data (files, mail, etc.), which passes through the server over particular time.
Web hosting – the service of providing disk space and physical data allocation on a server that is constantly online.
CPU (processor) – processor’s capacity, which is guaranteed by the Contractor when providing VPS service in accordance with chosen tariff plan.
RAM – random-access memory of the server, the amount of which is provided in accordance with the tariff plan selected by Customer.
A proxy server – is a server and / or software that acts as an intermediary between client computers and / or other servers.
Domain name (domain) – part of the hierarchical address space of the Internet, which has a unique name that identifies it. It is serviced by a group of domain name servers and is centrally administered. The domain is identified by the domain name.
DNS-server – domain names services containing configuration files of the registered domain.
Login – a set of letters, numbers and symbols unique to the Contractor’s web server, which, in combination with the password, serves as the Customer’s identifier.
Password – a set of letters, numbers and symbols that, in combination with the Login, serves as the Customer’s identifier.
Order – an electronic message sent by the Customer from the Contractor’s website (http://hostpro.ua) containing the order number, as well as a list of services that the Customer wishes to receive.
Billing system – Section of the Contractor’s site, the login and password of which is provided to the Customer after the order is formed via the URL http://billing.hostpro.ua. Billing system stores the Customer’s data, the list, dateand content of the e-mails sent to the Customer, the list of bills paid by the Customer, active services. The customer is solely responsible for the safety of the login and password to billing system.
Contractor’s site – accessible via the internet, website at http://hostpro.ua. All users of the worldwide Internet may visit it 24 hours a day, 7 days a week.
Spam is: the implementation of an organized mass mailing of advertising, commercial or agitational nature to other users of the network without their consent; letters containing rude and offensive expressions and proposals, postingat any conference or online forum, commercial or agitational messages, unless such communications are permitted by the rules of such a conference or forum, or their placement was agreed with the owners or administrators of such a conference or forum; sending out information to recipients who previously expressed their unwillingness to receive such information; the usage of own or provided information resources (mailboxes, e-mail addresses, WWW pages, etc.) as contact informationin the implementation of any of the above actions, no matter from which point of the network the actions were performed.
Web hosting service(s):
- providing the Customer with unique name (login) and password, which allows him to place data on the Contractor’s server;
- providing the Customer with login and password to the billing system;
- providing the Customer with disk space and other technical resources on the Contractor’s server in accordance with the selected tariff, from Contractor’s website;
- obtainment by Customer of consultations, necessary for using web hosting, from technical support department, contact details of which are listed on the Contractor’s website.
1. The Subject of the Agreement
1.1. Under this Agreement, the Contractor undertakes to provide the Customer with the Web Hosting Service according to the tariff chosen by the Customer. The list of tariffs and their cost are published on the Contractor’s website. 1.2. The Customer undertakes
to pay for the Services selected by him in accordance with the tariffs specified on the Contractor’s website. 1.3. The service does not include the possibility of receiving / sending emails in the Contractor’s office, setting up or diagnosing
a personal computer, modem and the Customer software, teaching the skills of working on the Internet and using a personal computer.
2. Services cost and Payment Terms
2.1. The cost of the Services provided to the Customer under this Agreement is indicated on the Contractor’s website.
2.2. The Contractor shall provide the Customer with an invoice by e-mail for the prepayment of the Services at least 5 calendar days before due date. The customer pays the invoice by transferring funds to the account of the Contractor. In case of full or partial non-payment within the specified period, the Contractor has the right to suspend Customer’s service until full payment is received. The exception is “Cloud” and “CDN” services: for constant work of these services it is necessary to have a positive balance, from which funds will be automatically charged off once a day for the resources selected by the Customer. If the balance is not enough, then the services are disabled automatically and without warning and messages about disabling such services.
2.3. The contact address (e-mail) is the address specified by the Customer while placing the order at the Contractor’s site. The customer is solely responsible for the accuracy and work of his e-mail.
2.4. Payment for services is carried out in the national currency of Ukraine in the form of a prepayment for the period chosen by the Customer when completing the order procedure on the Contractor’s website. The minimum period for an order is 1 (one) month. If it is necessary to change billing period, the Customer informs the Contractor via e-mail, or makes a change of billing period through the billing system.
2.5. Customer is solely responsible for the accuracy and timeliness of his payments for services provided by the Contractor under the Contract.
2.6. All the transaction fees for paying the Contractor’s bills are paid by the Customer.
2.7 In case of changing Contractor’s bank requisites, from the moment of the announcement of new details via e-mail and / or publication on Contractor’s website (http://hostpro.ua), Customer is solely responsible for the payments made under the old details.
2.8. When the Customer prepares payment documents in the section “Purpose of payment”, Invoice number must be provided. If invoice number is absent, the Contractor does not guarantee that received payment will be applied for the services provided.
2.9. The Contractor may change tariffs for the Services. The Customer is notified in regards of tariffs change by posting related information at Contractor’s website and / or sending notifications to the Customer’s contact email address. The Customer may disagree with such an increase and terminate the Agreement, this fact shall be made known by the Contractor within 10 calendar days from the date of publication on the site or message receiving. The absence of the Customer’s response to the notification of tariff increases means that he agrees with the new tariffs and all payment obligations. Tariffs Reduction for Services is carried out by the Contractor without prior notification.
2.10. Delivery of services is confirmed by the Act of acceptance and delivery of services (works performed) which the Customer undertakes to sign within 10 calendar days from receiving the Act from the Contractor.
2.11. The parties agreed that due to the specificity of the Services provided to the Customer, the Services are considered rendered from the moment the Customer receives the login and password for using the Services. In case, Customer submits payment for next period, the services are considered rendered from the moment when the service activity period changes in billing system. If the Customer has a claim in regards to Services, he sends claims to the mailing address of the Contractor, or to the e-mail address of the Contractor not later than one day from the moment of receiving the Act of acceptance and delivery of services (works performed). The services are deemed to be performed properly if the Contractor has not received any claims within 30 calendar days from the date of provision of the Services.
3. The Rights and Obligations of the Parties
3.1. The Contractor is obliged to:
3.1.1. Provide services in accordance with the terms of the Service tariff chosen by the Customer.
3.1.2. Provide technical advice to the Customer’s request in the amount necessary for correct interactions when the terms of this Agreement are fulfilled.
3.1.3. In case of the Customer’s dissatisfaction with the quality of the services provided, and receiving a written request for early termination of the Agreement, return to the Customer the balance of the paid funds within 10 calendar days from the moment of receiving the written notification, after deduction the cost of domain name registration, if the domain name was registered free of charge. The balance is calculated at the time of receipt of the Customer’s written request.
3.1.4. In the event of violation of the terms of this Agreement, notify the Customer by e-mail of the revealed violations.
3.1.5. Notify the Customer about the facts of attempts by third parties to damage the Customer site’s performance, if the presence of these events requires special actions by the Contractor.
3.1.6. Send a message to the Customer after the suspension of the Services provision in the cases provided for in clause 3.3.1 of this Agreement..
3.1.7. Do not disclose or use information relating to the Customer’s activities, which became known to him during the execution of this Agreement.
3.2. The Customer is obliged to:
3.2.1. Provide complete and reliable information when forming an order for the Service. For the consequences that arose due to the incorrectness of the information entered, the Contractor shall not be liable. If it is necessary to verify the identity of the Customer, provide all the data (documents) required by the Contractor for such verification..
3.2.2. Fulfill the requirements set forth in the Agreement.
3.2.3. Follow the instructions of the Contractor’s specialists regarding the use of the Services and the Internet.
3.2.4. To pay for the Services on time.
3.2.5. Sign Acts of rendered services, completed works and send them to the Contractor within 10 (ten) calendar days from the moment of their receipt. In the case of non-receipt of the signed Act of completed work within 30 (thirty) calendar days or a reasoned refusal to sign the Act, it is considered that the services rendered or the work performed comply with the requirements of the Agreement and accepted by the Customer in full, as evidenced by the Act of Completed Works, which was signed by the Contractor.
3.2.6. independently monitor compliance with the standards of the Internet etiquette.
3.2.7. Do not take any measures, intentionally or unintentionally, which may lead to a malfunction of the software and/or the system as a whole.
3.2.8. Сomply with the requirements of the current legislation of Ukraine and international legislation, including not posting illegal materials (pornography, propaganda of international, interracial, interethnic hostility, terrorism, drugs, etc.) on the website, not to infringe copyrights, related and other rights of third parties.
3.2.9. Do not be liable to the Contractor for any claims and liabilities for arrears, losses, costs and expenses, including all legal costs, expenses for the services of lawyers and lawyers that arise as a result of court proceedings and court decisions that directly or indirectly relate to the Customer’s Services.
3.2.10. Comply with the Rules for the use of virtual hosting services and the Internet
3.3. The Contractor has the right to:
3.3.1. To completely or partially suspend the provision of the Services in the following cases without prior additional notice:
- in case of non-compliance by the Customer with the terms of this Agreement;
- in case of repeated non-compliance by the Customer with the instructions of the Contractor’s specialists regarding the use of the Services and the Internet;
- if the Contractor considers any actions taken by the Customer through the Services provided to the Customer under this Agreement, those that cause or may cause damage to the Contractor, other customers, or the normal functioning of the network;
- in case the Customer was convicted of using unauthorized mailing (spam) in any form;
- in case of violation by the Customer of the norms of the Internet etiquette, namely the use of non-normative vocabulary in a telephone conversation or in correspondence with the specialists of the Contractor;
- in case the Service provision to the Customer affects the Contractor’s business reputation;
- when receiving relevant recommendations or requirements from employees of executive authorities of Ukraine in case of violation of the norms of Ukrainian legislation or international law.
3.3.2. The technical support service of the Contractor is not obliged to provide consultations on general software, information on which can be obtained from the corresponding user manuals for this software, and is not responsible for unprofessional and unskilled actions of the Customer or his representatives.
3.3.3. If the Customer’s requirements for hardware and other resources are too high, offer the Customer a transition to a different tariff, and if the Customer refuses – suspend the provision of the Services with the return of prepaid funds that the Customer has not used.
4. Responsibilities of the Parties
4.1. The Contractor shall not be liable for:
4.1.1. For any interruptions in the Services provision if they were caused by the actions of the Customer and/or by a third party.
4.1.2. For any damage caused to the Customer due to the Services use provided by the Contractor, including cases when the Customer was notified of the possibility of such damages..
4.1.3. For the content and reliability of any information that is transmitted or received through the Services provision.
4.1.4. For the serviceability of the equipment and software owned by the Customer, which is used by the Customer.
4.1.5 For lost profit and/or income, as well as indirect losses of the Customer during the period of the Contractor’s Services use or non-use (full or partial), including cases when the Customer was notified of the possibility of such losses.
4.1.6. For the technical condition of the network to which the Customer is connected.
4.1.7. For the content of the information located on the Customer’s site.
4.1.8. For the integrity, reliability and availability of the Customer’s sites and data on the Contractor’s server.
4.1.9. For problems related to the Customer’s use of unlicensed software and hardware.
4.1.10. For unqualified actions of the Customer regarding the use of hosting.
4.1.11. For the operability of the software provided to the Customer in the event that the Customer intentionally or unintentionally violated their operability, deleted or made changes to the system or service files.
4.1.12. For the operability and suitability for the use of software and hardware, developed by a third party.
4.2. Customer is responsible for:
4.2.1. For violation of the current legislation committed by him or a third party by using the Services that are provided to the Customer by the Contractor.
4.2.2. For non-compliance with the terms of this Agreement.
4.2.3. For non-compliance with the terms and procedure for payment for the Services.
4.2.4. For the preservation of the parameters of access to the Service (login and password) and for losses that can be provided as a result of unauthorized use of access parameters for the Service.
5. Transfer of rights and obligations
5.1. Each of the Parties may transfer its rights and obligations under this Agreement in full or in part to its successors, branches, subsidiaries or other persons, which the other Party must be notified in writing at least 14 (fourteen) calendar days before the transfer.
5.2. Transfer of rights to the service to another legal, physical or individual entrepreneur is carried out in accordance to the requirements and in the order published on the site http://hostpro.ua/ in the section “Documents”.
6. Settlement of disputes
6.1. All disputes and disagreements that arose as a result of the implementation of this Agreement are resolved through negotiations.
6.2. In the event of failure to reach agreement between the Parties, the dispute shall be referred to the court for consideration by the subordination and jurisdiction in accordance with the procedure established by the current legislation of Ukraine.
7. Force Majeure
7.1. Neither Party shall be liable for failure to non-fulfillment or improper fulfillment of conditions of this Agreement, irrevocable actions under force majeure circumstances that the Parties could not know in advance or could not foresee them. Such circumstances 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 Agreement, and their occurrence is evidenced by the Chamber of Commerce and Industry of Ukraine.
7.2. The Party that became aware of the occurrence or approach of such circumstances shall immediately notify the other Party accordingly.
7.3. The implementation of this Agreement, in full or in part, is suspended for the duration of such circumstances. If the action of force majeure circumstances lasts more than three months, the Agreement shall be deemed terminated.
8. Term and Termination of the Agreement
8.1. The present contract comes into force from the moment of its signing by both Parties and is valid for the period for which the Customer has prepaid the Services.
8.2. In the event that the Customer performs the prepayment of the Services before the expiration of the Agreement for the next billing period, the Agreement is extended automatically under the same conditions as specified in this Agreement.
8.3. This Agreement 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 request of one of the Parties, about which the other Party must be notified at least 30 calendar days before the date of the Agreement termination.
8.3.3. By mutual consent of the Parties.
8.3.4. Termination of this Agreement does not relieve the Parties of responsibility for its failure to perform or improper performance.
8.3.5. Termination of the Agreement does not relieve the Customer from the obligation to pay to the Contractor the debt for the Services provided.
8.3.6. In the event of early termination of the Services provision, the Customer shall be refunded for the full months of unused time (payment for the month during which the service was terminated is not refundable), subject to the relevant request of the Customer.
9.1. The Contractor may at any time, without obtaining a separate agreement of the Customer, include personal data received from the Customer in the relevant database of the Contractor’s personal data, publish his personal data in open sources to fulfill the conditions of this offer and process such data in accordance to the purpose set by the Contractor and the legislation of Ukraine and in compliance with the legislation of Ukraine.
10. Final Provisions
10.1. From the moment of signing this Agreement, all previous transactions, agreements relating to the subject of the Agreement, are no longer valid.
10.2. All Annexes, Supplementary Agreements, amendments to this Agreement, signed by authorized representatives of both Parties, are its integral part.