PUBLIC OFFER CONTRACT for domain name registration and support 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, a legal entity or individual thereby accepting this offer shall become the Customer.
Terms and Definitions Used in the Contract
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.
Registry – information and technical data processing system containing information about domain names, Registrars, Registrants, and other details.
Domain Registration – entering information about the domain into the central database of domain names.
Domain Support Services – performance of maintenance actions in respect of a registered domain name (including acceptance of a domain name for maintenance from another registrar (transfer), renewal of the domain name registration).
Registrar – a legal entity or individual that verifies domain names and data suggested by the Contractor for inclusion in the Registry for compliance with the rules and terms and conditions of the Registry.
Domain Registrant – a legal entity or individual for whom the domain is registered. The domain registrant determines:
- the procedure for using the domain; and
- the organization that provides technical support for the domain.
Registration Term – a time period during which the storage of domain information in the Domain Name Registry is ensured. The minimum registration term for the domain is one (1) year.
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, necessary details of the Customer, 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.
1. Subject Matter of Contract
1.1. Pursuant to this Contract, the Contractor undertakes to provide the Customer with the Domain Name Registration and/or Support Service for a period of ___ months.
1.2. The Customer undertakes to pay for the Domain Name Registration Service and/or Support Service chosen by the Customer, in accordance with the tariffs specified on the Contractor’s website.
1.3. The Customer shall be provided with:
- registration and/or support of the domain name for the period set out in clause 1.1; and
- the possibility to manage the registered domain name settings through the billing system at https://billing.hostpro.ua
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 official website (https://hostpro.ua).
2.2. In order to renew the domain name registration term, the Contractor shall send an invoice to the Customer by e-mail at least 14 calendar days prior to the expiration of the domain name registration term. 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 address correctness and validity.
2.4. Prepayment for the Services shall be made in the national currency of Ukraine in accordance with clause 2.2.
2.5. The Customer shall be solely responsible for the correctness and timeliness of the payments made 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 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 and the works performed shall be deemed properly provided and performed from the moment of the domain name registration and transfer. If the Customer makes payment for the next period, the Services shall be deemed provided from the moment when the Service activity period is changed in the billing system.
2.12. Funds paid by the Customer shall be non-refundable if the domain was registered, transferred or renewed in accordance with this Contract.
3. Rights and Obligations of the Parties
3.1. The Contractor shall be obligated to:
3.1.1. Register an available domain name and/or other Customer-chosen Service of support (transfer or renewal) of the registered domain name indicated by the Customer, within fourteen (14) calendar days from the moment of receiving payment for the Services, subject to the provision of the necessary documents and data by the Customer.
3.1.2. Provide the Services under the Contracts executed with domain zone administrators and other registrars or registering organizations.
3.1.3. Provide advice to the Customer regarding the terms and conditions and rules of the domain name registration, transfer or renewal.
3.1.4. Notify the Customer by e-mail to the Customer’s contact e-mail address if the Contractor cannot carry out the registration and/or provide any other Customer-chosen Service of support (transfer or renewal) of the registered domain name.
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 or documents required by the Contractor if it is necessary to verify the identity of the Customer or the domain zone administration so requests.
3.2.2. Send all requests for the necessary actions with a domain name to the Contractor from the Customer’s contact e-mail address.
3.2.3. Fulfill the requirements set out in the Contract.
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 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. Not violate the generally accepted moral and ethical standards.
3.2.7. 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.
3.2.8. Save settings to access the billing system for domain administration purposes.
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 domain name registration and/or support Services.
3.3. The Contractor shall have the right to:
3.3.1. Suspend the provision of the Services 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 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 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 shall not be liable for timing and possible delays related directly to the registration, transfer or renewal of the registration, organizational and/or technological specifics of the Registrar (including, but not limited to, the Registrar’s refusal to register, transfer or renew the registration of the domain applied for by the Customer), and in case of provision of incomplete (inaccurate) data by the Customer for domain registration, transfer or renewal.
3.3.3. The Contractor shall not be liable for the possible taking over of the domain by a third party during the period between the placement of an order by the Customer and the actual processing of the order by the Contractor’s employees.
3.3.4. Regardless of which domain zone the domain name is registered in, after the end of the registration period the Contractor shall have the right to remove the domain from the registry, with the subsequent possibility of its registration by a new registrant.
4. Liability of the Parties
4.1. When accepting the Contract by paying for the domain registration and/or support Service, the Customer thereby accepts the requirements of the Rules of the relevant domain zone, time limits, restrictions and other conditions of cooperation set forth herein directly at the time of providing the Service.
4 2. The Contractor’s responsibility for each particular domain name shall be terminated upon the expiration of the domain registration period. However, in some zones, the Customer shall retain the priority right to renew the domain name after the end of its registration period within a certain period of time (this period may vary depending on the domain zone). The Contractor cannot guarantee such renewal, but shall use its best efforts to ensure it. The cost of renewing a domain name after the expiration of its registration period may differ from the standard cost of domain name renewal.
4.3. The Contractor shall not be liable in the following cases:
4.3.1. The Contractor shall not, and under no circumstances can be, held financially liable in excess of the amount received from the Customer as payment for the Services.
4.3.2. The Contractor shall not be liable in the event of force majeure circumstances.
5. Term and Termination of the Contract
5.1. This Contract shall become 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.
5.2. 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.
5.3. This Contract may be terminated:
5.3.1. On the basis of clauses 2.5, 2.10, 3.2.3, 3.3.1.
5.3.2. At the option of either Party by giving at least 30 calendar days prior notice to the other Party.
5.3.3. By mutual agreement of the Parties.
5.4. The termination of this Contract shall not release the Parties from liability for non-performance or improper performance hereof.
5.5. 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.
6. Transfer of Domain Name Rights
6.1. Transfer of domain name rights 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”.
6.2. The transfer of a domain name to another Registrar for maintenance (domain name transfer) shall be carried out in accordance with the requirements and the procedure published on the website at https://hostpro.ua in the section “Documents”, and in the manner and on the terms and conditions set out in the Rules of the relevant domain zone. The domain name shall be transferred only within the domain name registration validity period.
7.1. 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 objective set by the Contractor and the laws of Ukraine and in compliance with the laws of Ukraine.
8. Final Provisions
8.1. Once this Contract is signed, all prior agreements and understandings related to the subject matter hereof shall become null and void.
8.2. All Exhibits, Annexes, Supplementary Agreements, and amendments to this Contract signed by authorized representatives of both Parties shall constitute an integral part hereof.