Public Offer
By using our services, you agree to all three documents: the Public Offer, the Terms of Service, and the Privacy Policy.
Last updated — June 1, 2024
On the provision of hosting services, virtual dedicated server rental, dedicated servers, and domain name registration on the Internet, hereinafter referred to as "Services" on the servers of Sole proprietor Kutumova Olena Volodymyrivna, hereinafter referred to as "Executor" or "uaVPS", to any legal or natural person, hereinafter referred to as "Subscriber".
This agreement is a public offer contract according to Article 633 of the Civil Code of Ukraine, is equivalent to a bilateral agreement, and in accordance with the current legislation of Ukraine has legal force from the moment of full and unconditional acceptance by the user of the terms of this Agreement (Offer) and its Appendices. This Agreement is public; its terms are the same for all consumers.
This Agreement regulates the relationship between the Executor and the Subscribers and does not regulate the rights, duties, and responsibilities of third parties in relation to the Company. Third parties, as well as users registered on the Executor's site, may be granted the right to direct an inquiry to the Subscriber regarding the content of the Subscriber's site.
Preamble
The information provided below is an official offer (public offer) to any legal or natural person to enter into a subscriber service agreement. According to Article 642 of the Civil Code of Ukraine, the full and unequivocal acceptance of the public contract terms is the fact of making a payment by the Subscriber for services. The public offer is also considered accepted upon registration of the Subscriber on the Executor’s site. The Executor's site is located at https://uavps.net. The contract number is a unique number - client code, which is issued upon registration on the Executor's site.
Terms Used in This Agreement
- Subscriber — a person who is provided with Services according to the terms of the Agreement. All actions performed using the Subscriber's login and password are considered by the Executor as actions performed by the Subscriber personally, at their free will.
- Executor — Sole proprietor Kutumova Olena Volodymyrivna, providing all, one, or several Services to the Subscriber.
- Services — virtual hosting services, and (or) virtual dedicated server rental, and (or) dedicated servers, and (or) domain name registration on the Internet, which the Executor provides to the Subscriber.
- Virtual Hosting — a service providing disk space for storing data on a server connected to the Internet.
- Domain (domain name) — a symbolic designation used for addressing nodes on the Internet (websites, email servers, network services) in a human-readable form.
- Subscriber Verification — confirmation of the Subscriber's personal data provided during registration on the Executor’s site by obtaining a copy of the passport or other identity documents from the Subscriber, or confirming such data using the BankID system, or another service confirming the Subscriber's identity.
- Service Control Panel — a web interface and software interface (API) through which the Subscriber manages the Executor’s Services, as well as views information about payments and the term of the Services. Access to the Service Control Panel is provided to the Subscriber using authorization (login and password).
- Administrative Inquiry — an electronic inquiry from the Executor addressed to a specific Subscriber, which may contain comments and/or requests, notifications and/or alerts, displayed in the service area of the Subscriber's Service Control Panel, to which the Subscriber is obliged to respond within 24 hours from the moment of its dispatch or within another period established by the Agreement or law.
- Registrar — the Executor providing services for the technical support of domain name registration, delegation, and functioning.
- Registry Operator — a person performing technical support activities for the Registry.
- Registrant — a Subscriber for whom the Registrar provides the domain name registration (delegation) service.
- Registry — an information and technical data processing system containing information about domain names, network addresses, Registrars, Registrants, and Registrant contact persons, and providing an interface for Registrars to operate according to established rules and procedures.
- Domain Name Registration (Delegation) — a service involving a set of technical measures to create a record about a domain name in the Registry at the request and in the interest of the Registrant, resulting in the assignment of the right to use the corresponding domain name to the Registrant for a certain period.
- Transfer — the procedure for changing the Registrar of a domain name.
- IP Address — a network address of a node in a computer network.
- DNS Server — a computer distributed system that provides the conversion of domain names to IP addresses and is used to obtain information about domains.
- Personal Data — information or a set of information about a person who is identified or can be specifically identified.
- WHOIS — a service designed to obtain contact details and technical information about domain names, IP addresses, and other network information. The WHOIS service is a public service on the Internet (Public Services Regulations).
- ICANN — Internet Corporation for Assigned Names and Numbers, an international organization responsible for managing the IP address space and the Internet domain name system.
- BankID — a method of verifying citizens through Ukrainian banks for providing administrative and other services over the Internet.
- Some other terms, including technical ones, are generally accepted and can be interpreted as they are specified in open sources.
1. General Provisions. Subject of the Contract
1.1. Within the framework of the services ordered and paid by the Subscriber, the Executor provides the Subscriber with:
1.1.1. Domain name registration and extension services and maintenance of them on the Executor’s DNS servers.
1.1.2. The ability to create email accounts for sending and receiving email.
1.1.3. Consultations necessary for using the Services.
1.1.4. Virtual dedicated server rental service.
1.1.5. Dedicated server rental service.
1.1.6. Virtual hosting service.
1.2. The Executor performs domain name registration according to the Contracts concluded with Registries, Registry Operators, and other registrars.
1.3. When providing domain name registration services, the Executor is not responsible for the timing and possible delays in registration due to the technical specifics of the registration process and the rules established by the Registry Operator of the respective domain zone. The Executor is also not responsible for the refusal of domain registration for any other technical reasons.
1.4. A new domain name is registered if all necessary conditions, rules, and regulations for its registration are met, including:
1.4.1. The application contains complete, accurate, and truthful information necessary for registration. The Subscriber is responsible for the completeness, correctness, and truthfulness of the information and data provided in the application.
1.4.2. The rules for domain name registration of the respective domain zone are adhered to.
1.5. Rights to the domain name(s) being registered are transferred to the Subscriber for the entire term, provided that the Subscriber pays the appropriate fee in accordance with Section 4 of this Contract.
1.6. If for any reason it is impossible to register a domain in the name of the Subscriber, and this does not contradict the requirements of the Registry, the Executor has the right to register such a domain, indicating its contact information in the domain name registration details. In this case, the Executor does not acquire rights to such domain names, does not claim them, and does not bear responsibility for the legality of registration, content, and use of such domain names on behalf of the Subscriber.
1.7. The Subscriber confirms that at the time of concluding the Contract and throughout its duration, neither the registration of the domain name, nor its use, nor the information posted on the Subscriber's website violates and will not violate directly or indirectly the rights of third parties. The Subscriber is obliged to respond to inquiries (notices) regarding violations of the legislation, violations of the rights or other lawful interests of third parties, and, if there are grounds, to independently eliminate such violations. For violations of the requirements of legislation, intellectual property rights, or other rights and lawful interests of third parties or the Executor, the Subscriber is liable to these third parties and to the Executor in accordance with the law.
1.8. For the registered domain(s) under this Contract, refunds are not made under any conditions. The domain name registration (extension of registration) service is considered to be effectively provided to the Subscriber at the moment of registration (extension of registration) of the domain name.
1.9. The registered domain (domains) can be deleted from the registration database early at the Subscriber's initiative, making it available for registration by third parties. The registered domain can be deleted (delegated), transferred to another user’s control panel (according to the transfer procedure) by the decision of the entity (authority) authorized to resolve disputes in the field of intellectual property (court, administrative court, economic court), or another authorized body (World Intellectual Property Organization Arbitration and Mediation Center).
1.10. All operations with the domain are performed in accordance with the rules and regulations of the domain zone in which it is registered or being registered:
- .UA Domain Regulations
- .COM.UA Domain Regulations
- .KIEV.UA Domain Regulations
- Public Second-Level Domain Registration Regulations
- Second-Level Domain Registration Features
- .УКР Domain Registration and Usage Rules
- Rights and Obligations of International Domain Name Registrants
- Domain Name Maintenance Procedures in the Absence of Registrar
- Domain Name Dispute Resolution Policy in the .UA Domain, Unified Policy for Domain Name Dispute Resolution in the .UA Domain, Additional Rules Unified Policy for Domain Name Dispute Resolution in the .UA Domain of the World Intellectual Property Organization.
- The rights and obligations of registrants in other domain zones are defined in the rules and regulations published on the official websites of these domain zones.
2. Personal Data
2.1. By entering into the Contract, the Subscriber confirms that they are fully acquainted with and agree to its terms, and if the Subscriber is a natural person, they give consent to the Executor for the processing of their personal data. Detailed terms of handling personal data of the Subscriber are regulated by the Privacy Policy, which is an Appendix to this Contract.
2.2. The purpose of processing the Subscriber's personal data is to enable the provision of services by the Executor to the Subscriber, conduct settlements, issue invoices, acts, and other documents, detect and prevent fraudulent or other illegal actions, resolve problems and enhance security, prevent harm to the Executor or its clients in accordance with the law, and other purposes defined in the Privacy Policy.
2.3. By entering into the Contract, the Subscriber confirms that they are actually aware (without additional notice) of the provisions of the Law of Ukraine “On Personal Data Protection,” of the purposes of processing personal data, which they and third parties provide to the Executor.
2.4. The Subscriber's consent to the processing of their personal data is valid throughout the term of the Contract, as well as for the following 5 (five) years after the expiration of its term.
2.5. Personal data is deleted by the Executor upon the Subscriber's request and constitutes grounds for terminating the Contract. Personal data deletion occurs under the conditions and procedures specified in the Privacy Policy.
2.6. In the case of domain name registration services under the Contract, including cases provided by the Regulations of the respective domain zones, the personal data of the Registrant provided by them may be transferred to the Registry Operators of these domain zones, WHOIS, RDAP, ICANN services, escrow agents, as well as to the registrar appointed by ICANN for domain transfer.
2.7. The Executor guarantees that they will not use the Subscriber's personal data for any purpose other than those specified in Section 2.2 of the Contract, without proper notification to the Subscriber.
2.8. By entering into this Contract, the Subscriber agrees that the Executor has the right to provide access to and transfer personal data of the Subscriber to third parties, without changing the purpose of processing personal data (for example, during domain name registration or extension), and that they are duly informed of each case of providing personal data to third parties within the purpose specified in Section 2.2 of the Contract. In the event of a change in the purpose for which the Subscriber's personal data is provided to third parties, the Executor will notify the Subscriber of the new purpose of processing personal data by sending an email to the address provided by the Subscriber.
2.9. In order to provide domain registration services under the Contract, personal data of the Registrant provided by them may be transferred to Registry Operators of these domain zones, WHOIS, RDAP, ICANN services, escrow agents, and to the registrar appointed by ICANN for domain transfer.
2.10. The Executor guarantees that they will not use the Subscriber's personal data for any purpose other than those specified in Section 2.2 of the Contract, without proper notification to the Subscriber.
2.11. The Subscriber initiates changes to their provided personal data in cases stipulated by law or this Contract.
2.12. Personal data is personal and confidential information in the understanding of the Privacy Policy, which is an integral part of the Contract.
2.13. The procedure for providing the Subscriber's personal information to third parties by the Executor, as well as guarantees for protecting such information, is specified in the Privacy Policy, which is an integral part of the Contract.
3. Rights and Obligations of the Parties
3.1. Executor's Obligations:
3.1.1. Provide a web interface for Subscriber registration, process the data entered by the Subscriber, and create a unique account based on the provided data, as well as provide the necessary parameters for accessing the services in the Service Control Panel.
3.1.2. Provide Services according to the amount of subscription fee paid in accordance with Section 4 of this Contract.
3.1.3. Publish official notifications related to Subscriber service and changes in payment tariffs on the Executor's website.
3.1.4. Implement court decisions that have entered into legal force concerning the provision of all or part of the Services to the Subscriber, and in the case of domain name registration services — also decisions by authorities authorized to resolve domain name registration and usage disputes under UDRP procedures approved based on ICANN Procedures.
3.2. Subscriber's Obligations:
3.2.1. Provide complete and accurate information about themselves, as well as their contact details in the amount necessary for the provision of Services by the Executor. During registration, provide an email address that is not hosted by the Executor.
3.2.2. In the case of domain name registration services, promptly provide the Executor with the following accurate and up-to-date information regarding each domain name: full name (for legal entities — the name of the legal entity), email address, postal address, and phone number: Registrant, authorized contact person (if the domain Registrant is a legal entity).
3.2.3. Independently set and change all passwords and other data that ensure access to the Services, including those provided by the Executor, and bear full responsibility for keeping them confidential.
3.2.4. Maintain the accuracy, relevance, and reliability of personal data about themselves and inform the Executor of any changes to the Subscriber's personal data within 72 hours of such changes.
3.2.5. Respond to the Executor's requests to confirm the accuracy of the provided personal information within 24 hours of receiving such a request.
3.2.6. Upon request by the Executor, provide copies of passport or other identification documents, including those certified by the Subscriber’s electronic digital signature, or verify their identity using BankID or other services or tools.
3.2.7. Timely and fully pay for the Services according to the selected tariff plan of the Executor. The Subscriber agrees to independently review information about service terms and tariffs on the Executor’s website.
3.2.8. Respond to administrative requests or notifications from the Executor within 24 hours of receiving such a request or notification.
3.2.9. Comply with and ensure compliance with all requirements set forth in the Terms of Service, not to place unacceptable materials and information on their websites, and not to use the Services for the sale, distribution, and placement of goods, works, services, the circulation of which is prohibited or restricted.
3.2.10. Not place on the Executor's servers government information resources, as well as domain names serving government information resources and local government information resources, to comply with the requirements of the Law of Ukraine “On Protection of Information in Information and Telecommunication Systems,” according to which government information resources must be processed in an information (automated) system using a comprehensive information protection system with confirmed compliance.
3.2.11. The Subscriber, who is the Registrant of a second-level domain name in the “.ua” domain, is additionally obligated to: comply with the conditions of the Unified Policy for Domain Name Dispute Resolution in the .UA Domain, Rules of the Unified Policy for Domain Name Dispute Resolution in the .UA Domain, Additional Rules Unified Policy for Domain Name Dispute Resolution in the .UA Domain of the World Intellectual Property Organization.
3.3. Executor's Rights:
3.3.1. Temporarily or fully suspend the provision of part or all of the Services to the Subscriber and require written explanations from the Subscriber in the following cases:
3.3.1.1. Failure to make timely payment for the Services.
3.3.1.2. Providing inaccurate or false contact information by the Subscriber or failure to provide such information upon the Executor's request.
3.3.1.3. Lack of response from the Subscriber to the Executor's request for verification of the Subscriber within 24 hours of sending such a request via email to the Subscriber's email address, or sending a message via one of the services: SMS, Telegram, Viber.
3.3.1.4. Lack of response to the Executor's administrative request within 24 hours of sending such a request to the Subscriber using one of the means specified in clause 3.3.1.3 of the Contract.
3.3.1.5. Actions or inactions aimed at restricting or obstructing other users' access to the Services provided by the Executor, as well as attempts at unauthorized access to the Executor’s resources and other systems accessible via the Internet.
3.3.1.6. Sending or distributing any information via the Internet that contradicts the requirements of Ukrainian legislation or international law norms contained in international treaties and conventions to which Ukraine is a party. Such distribution includes bulk sending of emails to many recipients or numerous emails to one recipient, as well as using the Subscriber's details (web pages, email) during such distributions through another provider. Information includes email messages, messaging programs (SMS, Skype, Viber, Telegram), and other similar means of information exchange.
3.3.1.7. Performing actions aimed at sending, publishing, transmitting, reproducing, providing, or using for commercial purposes any information, software, or other materials obtained fully or partially through the Services (unless explicitly permitted by the owner of such information, software, or other products) upon the owner’s written request to restrict such actions.
3.3.1.8. Performing actions aimed at sending, publishing, transmitting, reproducing, or distributing any software or other materials obtained through the Services, fully or partially, protected by copyright or other intellectual property rights, without the owner's permission, as well as sending, publishing, transmitting, or distributing any component of the Services provided or works created based on them, as the Services themselves are also objects of copyright and other intellectual property rights, if there is a written request from the owner of such rights to restrict these actions.
3.3.1.9. Publishing and transmitting via the Internet any information that contradicts current Ukrainian legislation or international treaties and conventions to which Ukraine is a party. This includes, in particular, pornographic materials and other materials whose placement contradicts Ukrainian legislation. The Executor reserves the right to determine at their discretion the content of the Subscriber's website materials for compliance with Ukrainian legislation, while the Subscriber is not deprived of the right to provide evidence of the legality of placing such materials and information on their site for verification.
3.3.1.10. Placing on the Executor's virtual hosting servers software (binary code, scripts, etc.) that serves as a server or standalone service.
3.3.1.11. Failure to comply with the requirements set forth in the Terms of Service or placing materials prohibited by these Terms.
3.3.1.12. In the case of receiving requests from payment systems regarding refunding payments for the Subscriber's services.
3.3.2. Temporary suspension of Services by the Executor means that the Executor has the right to temporarily block access to the Subscriber's Service Control Panel and/or partially or fully block the provided Services.
3.3.3. The Executor has the right to unilaterally terminate the contractual relationship with the Subscriber, simultaneously sending a written electronic notification, in the case of the Subscriber's breach of obligations under this Contract. The contract termination and cessation of service are considered to occur on the date of sending the relevant notification to the Subscriber.
3.3.4. In the event of increased (beyond normative) demands by the Subscriber for hardware and other resources provided, beyond the limits of the ordered Services or in case of violation of the Terms of Service — the Executor reserves the right to technically limit the amount of provided resources to normative (paid) or offer the Subscriber a transition to another tariff plan, and in case of the Subscriber’s refusal — to terminate the service with a refund of unused funds to the Subscriber.
3.4. Subscriber's Rights:
3.4.1. Demand that the Executor provide Services in accordance with the terms of this Contract.
3.4.2. Receive information from the Executor about the services and additional paid services.
3.4.3. Address complaints and suggestions to the Executor regarding the improvement of service quality.
3.4.4. Transfer a domain name registered with the Executor.
4. Cost of Services and Payment Terms
4.1. Payment for Services is made in the national currency of Ukraine according to the tariffs set at the time of providing the Service, under the terms of 100% prepayment.
4.2. When making payment through a bank branch, the Subscriber is required to specify in the payment document the invoice number issued by the Service Provider, which identifies the paid services.
4.3. The Service Provider has the right to unilaterally review the prices for Services. New prices take effect from the moment they are published on the Service Provider's website. In the event of a price change, the payment made for Services is not recalculated.
4.4. Services are considered paid from the moment the funds are received by the Service Provider and the relevant information is updated in the Subscriber's service management panel on the website or updated in the WHOIS service.
4.5. Domain registration services are provided after receiving payment and are considered completed after the Service Provider sends a notification to the Subscriber about the successful activation of the Services and updates the information in the WHOIS service.
4.6. The Service Provider has the right to refuse to provide services to the Subscriber or to limit their access to certain payment tools in cases where the Service Provider receives requests (complaints, demands, claims) from the bank or payment system regarding the return of payment for Services in favor of the Subscriber-payer.
5. Special Conditions and Liability of the Parties
5.1. The Service Provider does not guarantee absolute uninterrupted operation or error-free performance of the Services and does not guarantee that the provided software or any other materials are free of system errors. The Service Provider makes all reasonable efforts and measures to prevent this.
5.2. The Service Provider is not responsible for any direct or indirect damage caused to the Subscriber as a result of using or being unable to use the Services or incurred due to errors, failures, unavailability of Services, DDoS and other attacks on the Server or the Subscriber’s or Service Provider’s network, file deletions, defects, delays in operation or data transmission, or changes in functions, and for other reasons. The Service Provider does not guarantee the delivery of the Subscriber's mail from remote networks, the operation of which led to the address of such a network being included in lists that prevent the Service Provider's mail delivery program from receiving mail.
5.3. The Service Provider's liability to the Subscriber is limited and cannot exceed the cost of the services actually consumed by the Subscriber in the last six months.
5.3.1. The Service Provider is not responsible for actions, omissions, third-party services, or failures on the part of third parties, banking and financial institutions, payment systems.
5.4. The Subscriber assumes full responsibility for the risks associated with the use of the provided Services. In particular, the Subscriber agrees to fully compensate the Service Provider for any damages incurred by the Service Provider due to the Subscriber’s breach of the terms of this Agreement and the Service Provision Rules, as well as to cover other expenses incurred by the Service Provider due to such breaches (including legal costs if a court determines that the Subscriber has violated applicable law or the rights or legitimate interests of third parties).
5.4.1. The Subscriber is fully responsible for any damage caused by the wrongful use of the Services to third parties in case of violation of the rights of such third parties.
5.5. The Subscriber is fully responsible for keeping their password secure and for any damages that may arise from unauthorized use by third parties.
5.6. The Service Provider is not a proper defendant or co-defendant for any obligations, claims of third parties, and expenses related to the Subscriber's (or other persons using their name and password) breach of the terms of this Agreement or legal requirements.
5.7. The Service Provider considers valid requests from the Subscriber regarding the Services provided only if they are sent from the Subscriber's contact email or from the service area of the Service Management Panel after successful authorization.
5.8. The Registrar and the Registry Operator are not responsible for the consequences of using, not using, or wrongfully using domain names registered with their assistance, as well as for the content of any materials on websites published under such domain names or hosted on the Registrar's servers. The Registrar and the Registry Operator cannot be involved in legal disputes regarding domain names as Defendants.
5.9. The Service Provider performs only technical functions and does not acquire any rights to the corresponding domain names and websites, nor is it responsible for the placement or non-placement of materials by the Subscriber on their sites and for their content.
5.10. The Subscriber is responsible for resolving any disputes related to the provision of Services to them and agrees to protect the Service Provider from any claims, demands, and lawsuits from third parties arising in connection with the provision of Services. The Subscriber agrees to compensate the Service Provider for all expenses incurred (including legal costs) related to the handling of any disputes, claims, demands, and lawsuits from third parties related to the provision of Services to the Subscriber, and to reimburse the Service Provider for any damages incurred.
5.11. The Subscriber agrees to receive notifications regarding the provision of Services via email (email) and through short message services (SMS, Viber, Telegram, and others).
5.12. The Parties agreed that expressing their will in concluding this Agreement may be done by:
- the Subscriber marking their agreement on the Service Provider's website;
- signing this Agreement by the Parties in electronic form by applying an electronic digital signature (EDS) to the Agreement.
The specified methods of concluding this Agreement have the same legal force as the handwritten signatures of authorized representatives of the Parties on a written document.
5.13. The Parties agreed that signing invoices, work completion acts, amendments, and supplements to this Agreement can be done:
- by the Subscriber marking their agreement on the Service Provider's website;
- using an electronic digital signature (EDS);
- identification of the Parties' intentions using other lawful technical (electronic) means implemented by the Provider.
6. Procedure for Handling Claims and Disputes
6.1. Claims by the Subscriber regarding the Services are accepted by the Provider for review only in writing and within no later than 3 calendar days from the date the disputed situation arises. The term for reviewing Subscriber claims is no more than 14 (fourteen) working days from the date of the appeal. Claims from third parties regarding the services provided to a particular Subscriber are not considered by the Provider, except in cases explicitly provided by law. The Provider reserves the right to forward legitimate claims and appeals from rights holders and other parties who believe their rights have been violated to the appropriate Subscribers for the rectification of such violations.
6.1.1. According to current legislation, the Provider is not an entity that resolves disputes about rights. Specifically, the Provider is not authorized to confirm or refute:
- the accuracy or inaccuracy of information posted by Subscribers on websites;
- the existence or absence of third-party rights to various intellectual property objects;
- the facts of Subscribers violating third-party rights to trademarks, service marks, or any other intellectual property objects, including domain names.
6.2. If a dispute arising from the registration or use of a domain name cannot be resolved in accordance with clause 6.1 of the Agreement, such a dispute shall be resolved by a competent court or other authority authorized to resolve the respective dispute.
6.3. The Subscriber, who is the Registrant of a private second-level domain name in the “.ua” domain:
6.3.1. Agrees that disputes listed in paragraph 4 of the Unified Domain Name Dispute Resolution Policy in the .UA domain, arising with third parties regarding a private second-level domain name in the “.ua” domain, of which they are (or have become) the registrant, shall be resolved through mandatory administrative proceedings by the Arbitration and Mediation Center of the World Intellectual Property Organization.
6.3.2. Agrees that their domain name may be blocked, deleted, or re-delegated by the Registrar in accordance with the provisions of this Agreement, the Unified Domain Name Dispute Resolution Policy in the .UA domain, the Rules of the Unified Domain Name Dispute Resolution Policy in the .UA domain, and the Additional Rules of the Unified Domain Name Dispute Resolution Policy in the .UA domain of the World Intellectual Property Organization (WIPO), including the execution of decisions of the Administrative Commission of the WIPO Center, made in accordance with the policies and rules specified in this subparagraph.
7. Force Majeure
7.1. Neither Party is liable for non-performance or improper performance of this Agreement if caused by circumstances of force majeure (or “force majeure”), which the Parties could not have known in advance, and/or other unforeseen circumstances that hinder the performance of contractual obligations and occur independently of the will and desire of the Parties. Force majeure includes (but is not limited to): 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; theft, accidents in power supply and communication systems, changes in legislation, actions of state authorities and their officials, if such circumstances directly affect the performance of this Agreement, and their occurrence is certified (confirmed) by an authorized body according to the law certifying force majeure circumstances. Unforeseen circumstances hindering the performance of contractual obligations include (but are not limited to): seizure of the Provider’s servers based on a relevant court decision, accidents, illegal actions by third parties, explosions, etc.
7.2. The Party that becomes aware of the occurrence of such circumstances must notify the other Party no later than fifteen calendar days from the occurrence of such circumstances.
7.3. In the event of force majeure circumstances, the term for fulfilling obligations under this Agreement is extended for the period during which such circumstances and their consequences persist.
8. Effective Date, Contract Price, Term, and Procedures for Amendment and Termination
8.1. The Subscriber has the right to unilaterally refuse the Provider's Services at any time. In this case, no refund, including prepayment for services, will be made.
8.2. The Provider has the right to unilaterally refuse service to the Subscriber at any time without explanation, with a refund for full months of unused time for paid virtual hosting services, rental of virtual dedicated servers, and dedicated servers. No refund is made for domain registration (delegation) services. The Provider has the right to suspend the provision of all or some of the Subscriber's services if the Subscriber does not respond to the Provider’s notification (administrative request) within 48 hours from the time the Provider's notification (administrative request) was sent. The Provider has the right to unilaterally terminate the Agreement with the Subscriber in the event of the Subscriber's breach of this Agreement or the Service Provision Terms.
8.3. Domain name registration is subject to suspension, cancellation, or transfer to another party in accordance with any specification, regulation, or policy that the Registrar must adhere to, or in accordance with any procedures of the Registrar or Registry if necessary to correct an error by the Registrar or Registry Operator in the domain name or to resolve disputes related to the registered domain name.
8.4. The Subscriber has the right, within 14 days from the payment for services (excluding domain registration, transfer, and renewal services), in case the quality of services does not meet the terms of this Agreement, to demand a refund from the Provider. After the specified period, the ordered and paid service is considered to be duly provided by the Provider to the Subscriber in a timely manner and in full, and the Subscriber loses the right to make claims to the Provider regarding the quality, completeness, and timeliness of the service.
8.5. The Agreement becomes effective from the moment of its conclusion and remains valid for one year. The Agreement is automatically extended for the following year if the Subscriber continues to pay for the Services according to the terms of this Agreement. In case of automatic extension, the terms of this Agreement remain unchanged, except where they are amended by mutual agreement of the parties. If the Subscriber does not wish to continue the Agreement, they must provide written notice to the Provider no later than 30 calendar days before the expiration of the Agreement.
8.6. The price of the Agreement is determined by the sum of all payments received by the Provider from the Subscriber for the Services provided during the term of the Agreement.
8.7. The Provider has the right to unilaterally review individual terms of the Agreement or the technical specifications of the Services provided to Subscribers from time to time. In the event of changes to the Agreement by the Provider, the Provider is obliged to notify the Subscriber by sending a corresponding notice via email or any other method accepted by the Parties, and simultaneously publish the changes on its website. In any case, regardless of the Subscriber’s awareness of the changes to the Agreement through the link invitation sent by email or any other method accepted by the Parties, such changes take effect 30 calendar days from the date of their publication on the Provider's website.
8.8. If the Subscriber agrees with the changes, this Agreement continues to be in effect with the amendments made. If the Subscriber does not agree with the published changes to the Agreement, they must notify the Provider of their disagreement by official letter with acknowledgment of receipt or by sending an email, certified by their electronic digital signature. The Agreement terminates on the date the Provider receives such notification.
8.9. By entering into this Agreement, the Subscriber fully and unconditionally agrees to all Appendices to it: Terms of Service and Privacy Policy.
8.10. For all matters not regulated by this Agreement, the Parties are guided by the current legislation of Ukraine.
9. Appendices to the Agreement
9.1. Appendices are an integral part of this Agreement.
9.2. Appendix No. 1 — Terms of Service
9.3. Appendix No. 2 — Privacy Policy