Public contract for domain name registration services
This document is an official offer (public offer) of a business entity Executor (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 becomes the “Customer”.
The terms and definitions used in the Contract
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.
Register - information technology data processing system that contains information about domain names, registrars, registrants and other information.
Domain registration - entering the information about a domain in the central database of domain names.
Registrar - a legal entity or an individual who performs the verification of domain names and data proposed for entry into the Register by the Contractor in accordance with the rules and conditions of the Register.
Domain Registrant is a legal entity or an individual the domain is registered for. The domain registrant determines:
- the order of domain using;
- an organization that provides technical support for the domain.
The term of registration is the time period which the information about the domain is stored in the Domain Name Registry. The minimal term for domain registration is 1 (one) year.
Login is a set of letters, numbers and symbols unique for the Contractor's web server, that serve as the Customer's identifier in combination with the password.
Password is a set of letters, numbers and symbols, that server as serve as the Customer's identifier in combination with the login.
Order - is an electronic message sent by the Customer from the website of the Contractor (http://hostpro.ua), which contains the order number, necessary data of the Customer, as well as a list of services that the Customer wishes to receive. To make an order, the Customer fills out the form on the Contractor's website at the URL http://billing.hostpro.ua. The order accepted for execution is an integral part of this Agreement.
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, date and 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.
1. The Subject of the Agreement
1.1. Under this Agreement, the Contractor undertakes to provide the Customer with the Domain Name Registration Service _______ for a period of ___ months.
1.2. The Customer undertakes to pay for the registration of the domain name in accordance with the tarrifs specified on the Contractor's website.
1.3. The customer is provided with: registration of the domain name specified in the order for the period specified in paragraph 1.1, the ability to manage the registered domain name’s settings through the order management system http://billing.hostpro.ua
2. Services Cost and Payment Procedure
2.1. The cost of the Services provided to the Customer under this Agreement is indicated on the official website of the Contractor (http://hostpro.ua).
2.2. After making the order, the Contractor sends to the Customer an invoice to the contact e-mail address for Services prepayment. The customer pays out received invoice by transferring funds to the the Contractor’s payment account. To renew domain name registration term, the Contractor sends an invoice to the contact email address at least 5 calendar days before domain name expiration date.
2.3. The contact electronic address (e-mail) is the address specified by the Customer when creating an order on the Contractor's website. The customer is responsible for the correctness of email address and its operability.
2.4. Payments are made in the national currency of Ukraine in accordance with paragraph 2.2.
2.5. The Customer himself is responsible for the correctness and timeliness of the payments made for the services provided by the Contractor under the Contract.
2.6. All bank commission costs for paying the Contractor's invoices are paid by the Customer.
2.7. In case of changing the Contractor's bank details, from the moment of sending new details via e-mail and/or publishing on the website of the Contractor (http://hostpro.ua), the Customer is solely responsible for the payments made under the old details.
2.8. When the Customer prepares payment documents in "Purpose of payment" section, the number of invoice received by the Customer must be indicated. In case of invoice number absence, the Contractor does not guarantee enrollment of the received amount as payment for the services.
2.9. The Contractor may change the tariffs for the Services provisioning. New tariffs are brought to the knowledge of the Customer by posting on the Contractor's website (http://hostpro.ua) and/or by sending a notice to the Customer's contact e-mail address. The Customer may disagree with such an increase and terminate the Agreement, but he should notify the Contractor about that within 10 calendar days from the date of publication on the site and/or receiving the message. The absence of the Customer's response means that he agrees with the new tariffs and all payment obligations. Reduction of tariffs for Services is carried out by the Contractor without prior notification.
2.10. The performance of services is confirmed by the Act of acceptance and transfer of services (performed operations), which the Customer undertakes to sign within 10 calendar days from the moment of payment documents receipt from the Contractor.
2.11. The parties agreed that due to the specificity of the Services provided to the Customer, the Services and performed operations are considered to be rendered and performed properly from the moment of the domain name registration. If Customer makes payment for the services for the next period, the services are considered to be rendered from the moment when the service activity period changes in the billing system.
2.12. Funds paid by the Customer are non-refundable if the domain was registered in accordance with this Agreement.
3. Rights and Obligations of the Parties
3.1. The Contractor is obliged to:
3.1.1. To register an available domain name indicated by the Customer within 14 (fourteen) calendar days from the payment receipt for the Services, provided that the necessary documents and data are provided by the Customer.
3.1.2. To provide Services on basis of the Agreements concluded with domain zone administrators and other registrars or registering organizations.
3.1.3. To provide the Customer with advice on terms and conditions of domain name registration.
3.1.4. If it is impossible to register a domain, obliged to inform the Customer about it by e-mail to the e-mail address specified in the order.
3.2. The Customer is obliged:
3.2.1. To provide complete and reliable information when making 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, or in accordance with the requirements of the administration of the domain zone, provide all the data or documents required by the Contractor.
3.2.2. All requests for the necessary actions with a domain name should be sent to the Contractor from the Customer’s contact e-mail address.
3.2.3. To fulfill the requirements set forth in the Agreement.
3.2.4. To pay out services in time.
3.2.5. To sign the Acts of acceptance and transfer of services (performed operations) and send them to the Contractor within 10 (ten) calendar days from the moment of their receipt. In case the Contractor does not receive the signed Act of performed operations or a reasoned refusal to sign the Act, it is considered that rendered services or performed operations are in compliance with the requirements of the Agreement and accepted by the Customer in full, as evidenced by the Act of Completed Operations signed by the Contractor.
3.2.6. Do not violate the generally accepted moral and ethical standards.
3.2.7. To comply with the requirements of the current Ukrainian law and international law, including non-placement of illegal materials on the domain name (pornography, propaganda of interethnic, interracial, inter-ethnic hostility, terrorism, drugs, etc.), do not violate copyrights, related and other rights of third parties persons.
3.2.8. Save access to the domain management system.
3.2.9. Do not impose on the Contractor liability for any claims and liability for debts, damages, costs and expenses, including all legal costs, expenses for attorneys and lawyers, which have arisen as a result of litigation and court decisions, which are directly or indirectly related to the domain name registration services.
3.3. The Contractor has the right:
3.3.1. To suspend the Services provision in the following cases without prior additional notice:
- in case of non-compliance by the Customer with the terms of this Agreement;
- if the Contractor considers any actions taken by the Customer through the Services provided to the Customer under this Agreement, cause or may cause damage to the Contractor, other customers, or the normal operation of the network;
- in case of Service provision to the Customer harms the business reputation of the Contractor;
- upon receipt of the relevant recommendations or requirements from the employees of the executive authorities of Ukraine, in the case of violations of Ukrainian law or international law.
3.3.2. The Contractor is not liable for timing and possible delays related to the registration itself, organizational and/or technological peculiarities of the Registrar (including the Registrar's refusal to register Customer’s), in case of providing by the Customer with incomplete (inaccurate) data for domain registration.
3.3.3. The Contractor is not liable for possibility of domain occupying by an unauthorized person in the period between the order made by the Customer and the actual processing of the order by the Contractor's employees.
3.3.4. Regardless of the domain name registered in the domain zone, after domain name registration expiration, the Contractor has the right to remove the domain from the registry, with the subsequent possibility of its registration by a new registrant.
4. Responsibilities of the Parties
4.1. The Customer, accepting the Agreement by paying for the ordered service, thus agrees with the requirements of the relevant domain zone rules, terms, restrictions and other conditions of cooperation set forth in this document at the time of providing the domain name registration service.
4.2. Contractor responsible for each specific domain name is terminated at the time of the domain name expiration, however in some zones the Customer retains the priority right to renew the domain name after it’s expiration within a certain time (depending on the domain zone this period may differ). The Contractor can not guarantee such renewal, but does everything possible to provide it. The cost of domain name renewal after it’s expiration may differ from the standard cost of domain name renewal.
4.3. The Contractor shall not be liable:
4.3.1. The Contractor does not bear and can not bear under no circumstances any material liability exceeding the amount of payments for services received from the client.
4.3.2. The Contractor does not bear any liability in case of force majeure circumstances occurrence.
5. Term and Termination of the Agreement
5.1. This Agreement shall come into force upon signature by both Parties and is valid for the period for of Customer Services prepayment.
5.2. In case the Customer prepays service for the next billing period before the expiry of the Agreement, the Agreements is automatically extended on the same terms and conditions as specified in this Agreement.
5.3. This Agreement may be terminated:
5.3.1. On the basis of paragraphs 2.5, 2.10, 3.2.3, 3.3.1.
5.3.2. At the request of one of the Parties, the other Party must be notified about that at least 30 calendar days before the date of Agreement termination.
5.3.3. By mutual consent of the Parties.
5.4. Termination of this Agreement does not relieve the parties from liability for it’s failure to perform or improper performance.
5.5. Termination of the Agreement does not relieve the Customer from the obligation to pay to the debt to the Contractor for rendered services.
6. Transfer of rights to a domain name
6.1. Transfer of rights to a domain name to another legal entity, individual or individual entrepreneur is carried out in accordance with the requirements and in the order published on the site http://hostpro.ua in the "Documents" section.
6.2. The transfer of a domain name to another Registrar service (transfer of a domain name) is performed in accordance with the requirements and in the order published on the website http://hostpro.ua in the "Documents" section, as well as on terms and conditions specified in the rules of the corresponding domain zone. The transfer of the domain name is carried out only within the validity period of the domain name registration.
7.1. The Contractor may include personal data received from the Customer in the appropriate database of the Contractor's personal data at any time, without obtaining a separate agreement of the Customer, publish Customer’s personal data in the open sources to fulfill the conditions of this offer and process such data in accordance with the goals set by the Contractor and the Ukrainian law and in compliance with Ukrainian law.