Public offer
Terms and concepts
· Artist - a natural sole proprietor Sergii Voronov;
· The customer - the customer of the services of a natural sole proprietor Sergii Voronov;
· Personal data - any information that relates directly or indirectly to a particular person;
· IP-address - the unique technical code which identifies each component of the Internet;
· The Internet - a worldwide information sharing system which is logically connected by global address space and an internet protocol in accordance with international standards;
· DNS-server - a set of software and hardware to convert numeric character name for the server;
· Equipment - server, computer system, the link to which is provided via remote access or to exchange information;
· Account - set disk quotas, traffic and other technical parameters allocated under the individual user;
· Traffic - sukupnyyob'yem or flow of information through the customer account for a certain period of time;
· Spam - any mass mailing reklamnyhpovidomlen in any form and through any technology customers who have not subscribed to this newsletter;
· Unauthorized Access - user actions for the Internet aimed at obtaining unauthorized access to resource, destruction or modification of software that do not belong to the user, without the consent of the administrator of the resource;
· Hardware Hosting - (Client Server) - Services in placing Customer physical server in a specially equipped premises of the Contractor on its technical platform, ensuring its uninterrupted power supply and connection to the Internet;
· Hosting - a service that provides storage space for the physical placement of data on a server that is always connected to the Internet and has quick access channels;
· Domain (domain name) - a unique name (address) that is used to identify web-pages on the Internet.
· WHOIS - a service intended for contact details and technical information about domain names, IP-addresses and other network information. Service is a public WHOIS service the Internet (public service regulations [https://hostmaster.ua/services/]).
General provisions
This offer is official offer any legal or natural person to conclude a contract for subscription services. This agreement is public, that, according to Article 633 of the Civil Code of Ukraine, its conditions are the same for all consumers.
In accordance with Art. 642 of the Civil Code of Ukraine fully and unconditionally accept the public contract is the fact of the customer pay for services and receiving the Contractor corresponding financial document confirming the fact of such payment.
Concluding the Agreement, the Customer confirms that completely read and agree with its terms and, if the customer is an individual, authorizes the processing Performer their personal data to the possibility of the terms of this Agreement, the possibility of settlements and to IR, regulations and other documents. Permission for processing personal data is valid for the entire term of the Agreement, and in the next five years after the end of its validity. Destruction of personal data is grounds for termination of the contract and executed a written (paper) statements of the Customer. In this case, the contract is terminated on the date specified in reply Contractor. In addition, the conclusion of this Agreement, the Customer confirms that he read and agree to the "Privacy Policy" Contractor.
3.1. Artist grants, and Customer accepts and pays for services rendered to him under the terms of this Agreement. The list of services listed uDodatku №1 to this Agreement which is its integral part.
3.2. This Agreement shall enter into force in the following cases:
3.2.1. After signing the contract by both parties;
3.2.2. in case of advance payment for services to be acceptance of this offer.
4.1. The Parties recognize the validity of the documents obtained through channels along with documents made in writing. Exceptions to this rule are:
4.1.1. The conclusion of this agreement
4.1.2. Exchange of claims for which writing is required.
4.2. Channels of communication in terms of this Agreement - an electronic mail provided in this Treaty contact addresses. If you change the pin locations on the initiative of the Customer contact email address will be considered subject to the Contractor using a password chosen by the customer.
4.3. The Parties shall take full responsibility for the actions of employees who have access to communication channels.
4.4. In the case of the Contractor changes to Appendix №1 to this Agreement or the documents to which the application refers №1, Contractor shall notify the Customer of the fact that changes in communication channels and simultaneously publish these changes on web-server finisher at http: //www.abc-server.com
4.5. Changes take effect not less than ten (10) calendar days of notification and publication.
4.6. If the agreement with the customer changes this Agreement continues in force in view of these changes. In case of disagreement customer - he undertakes to inform about his decision within the time limit specified in Section 4.5 of this Agreement, an official letter with return receipt, in which case the Agreement shall terminate upon the entry into force of amendments.
4.7. If you receive an official letter by the Contractor after the entry into force of treaty amendments cease to have effect from the date of receipt of the notification. Services received by the customer from the date the introduction of changes to the date of the communication, inclusive, provided the customer considering changes.
5.1.1. In time, pursuant to section 7 of this Agreement, to pay for the service.
5.1.2. Independently bear the risk of possible adverse consequences for him associated with the loss or disclosure of customer has selected password.
5.1.3. In due time, if requested, the Contractor accurate information necessary for the purposes of the Treaty.
5.1.4. Self liable for the information stored, transmitted or received, namely, subject to copyright and other legislation and ethics in the network; for unauthorized access to computers and information sources, as well as the dissemination of information in the network, which does not need.
5.2.1. Require the Contractor to provide the Services under this Agreement.
5.2.2. Get from Performer information about services and additional paid services.
5.2.3. Apply to the Contractor with complaints and suggestions to improve the service quality.
5.2.4. Opt out in the manner prescribed by this Agreement.
5.2.5. Receive from Performer consultation and information to the extent necessary for the Services.
5.2.6. Access to your equipment situated on technical ground. On the need for access to equipment belonging to the customer and is situated on technical ground, Customer shall notify the Contractor in advance.
5.3.1. Provide services under this Agreement, Appendix №1 to him, and all the documents to which they refer.
5.3.2. Provide advice on matters arising from the customer in connection with services offered.
5.3.3. Inform the customer about changes in the case provided p. 4.4 of this Agreement.
5.3.4. Provide a place to put the equipment on the customer's own technical platform.
5.3.5. Connect the equipment to the port of network. The date of Contractor obligations provided for in paragraph CIM is the next business day upon receipt of payment in accordance with the provisions of this Agreement.
5.3.6. Grant Customer IP-address of the customer access to the Internet. IP-addresses allocated to the Customer by the Contractor are the property of the Contractor.
5.3.7. Provide on his technical ground conditions necessary for the smooth functioning of the Customer equipment (temperature environment, power, etc.).
5.3.8. Take all necessary measures to ensure protection of equipment belonging to the customer.
5.3.9. Provide employees access customer for equipment maintenance, customer received a warning in advance - 24 (twenty four) hours.
5.4.1. Temporarily suspend the Services for preventive maintenance of equipment, notifying the customer via email, at least 6 hours to carry out such work.
5.4.2. Suspend the Services in whole or in part in the event:
§ availability of Customer indebtedness before Performer more than thirty (30) calendar days;
§ if the Contractor qualifies any action taken by the Customer or third parties in the consumer provided under the Contract Services as those that cause or may cause harm Performer, other Customers or normal functioning network. This includes actions which caused:
5.5.1. The provisions of this Agreement and Annex №1 to it.
5.5.2. Do not give up its rights and obligations of this Agreement to a third party without the consent of the other Party.
6.1. Contractor provides services under the Contract in accordance with the laws of Ukraine.
6.2. Providing services to customers starting from the date of the service order and can be terminated only under the conditions stipulated in the Agreement.
6.3. Ordering is customer pay service agreement with the prices in force on the day of the order. The customer has the right to order services from Annex №1 using one of the following methods:
6.3.1. writing, filling out the order form;
6.3.2. sending application user-Customer (phone, email, etc.);
6.3.3. using a password chosen by the customer.
6.4. Contractor has the right to stop providing services, if from the start of the service has been more than 15 days, the customer has not fulfilled its obligations to pay for this service in full. Restoration of service is possible after full payment of the ordered service.
6.5. Where the customer has not fulfilled its obligation to pay for services provided to the Contractor was initiated, and since the start of service provision passed thirty (30) days or more, the Contractor shall be entitled to notify the Customer of its intention to terminate the contract. After sending the message this contract shall be considered terminated.
6.6. After providing the Service, Contractor draws Act of provided services. A properly designed two specimens Act services are provided to the Customer. If the Contractor has not received from the Customer signed by the customer copy of the Act on services rendered or written substantiated claims during the thirty (30) days from the date of issue of the document provided services are considered in full.
7.1. Cost of services is established in the national currency of Ukraine according to the tariffs set at the time of service.
7.2. When making customer payment documents in the "Payment" necessarily indicates the number of invoices issued by the Contractor and identify paid services.
7.3. Contractor shall have the right to unilaterally revise the price of services and introduce a new tariff plan. On the introduction of new prices Contractor shall notify the Customer by notice to the Contractor on site and / or through messages sent to e-mail customer. The date of entry into force of the new tariff plan is the date of publication on the website of the Contractor. If you change the tariffs introduced new tariffs for payment is not recalculated.
7.4. Contractor in accordance with the existing tariffs on services account for customer billing information and services consumed by the customer, the Personal Account Customer Agreement. These customer funds are considered to be credited to the account of his Agreement after the money arrived at the settlement account, and subject to the Contractor from the bank confirming payment documents identifying payment. Contractor provides the Customer access to information on his personal account.
7.5. Within ten (10) days from formation negative balance on the Personal Account Customer contents of his mailbox and virtual server saved him. After this time the contents of the box e-mail and customer information from the virtual server is deleted.
7.6. Return unused funds made at the Customer Agreement termination or if Customer presentation of arguments about the impossibility of any reason to use the services of the Contractor, the list of transfer to the account of the customer in any resident bank Ukraine. Artist performs actions necessary to implement the refund no later than seven (7) days after providing the customer a written statement to the presence of the full details of the recipient. Remaining money back minus the cost of services that the customer took advantage of the time of the contract
8.1. For failure or improper fulfillment of obligations under the Agreement Contractor and Customer shall be liable under the terms of this Agreement and the laws of Ukraine.
8.2. The Contractor is not liable for the content of information transmitted over the Internet customer and placed on Performer servers for the customer.
8.3. The Contractor shall not be liable for any delay and interruption of communications, damage or loss of customer, originating directly or indirectly from force majeure reasons, and for reasons that are outside the scope of reasonable control of the party finisher.
8.4. The Contractor shall not be liable for damages, direct or indirect, incurred by the Customer from the use or inability to use the services of the Contractor.
8.5. Customer is solely responsible for the content, reliability and legality of dissemination of information, transferring it or its customers under its network through the Internet details of the Contractor and for answering claims of third parties. The Contractor shall not be liable to third parties for the actions of the Customer.
8.6. Performer is not responsible for the violation or misconduct committed by the Customer using services provided by the Contractor.
8.7. Artist, domain zone administrator and registry operator is not responsible for the consequences of use, non-use or misuse of domain names the customer. Artist, domain zone administrator and operator of the registry can not be brought to court disputes concerning domain names.
9.1. Parties shall not be partial or complete execution of their duties in the event of force majeure that can not provide or can provide, but can not prevent (war, blockade, war, civil unrest, sabotage, terrorism, natural disasters, fires) and the occurrence of the legal circumstances of force majeure (decisions of public authorities). Action circumstances of force majeure must be confirmed by the Chamber of Commerce of Ukraine, except when the circumstances known or accepted in accordance with the regulations of the authorities within their competence.
9.2. Party for which it became impossible to perform obligations hereunder due to force of circumstances of force majeure, be a 3-day period to notify the other Party by registered mail of the beginning and then the end of these circumstances.
10.1. Complaints about customer service accepted by the Contractor for consideration only in writing and no later than 3 days from the date of the disputed situation. Term customer claims is not more than 14 (fourteen) days.
10.2. Consideration claims against the Contractor related to the provision of services is carried out at present Customer corresponding financial documents confirming payment services.
10.3. When considering disputes as evidence, the parties have the right to grant printed e-mail (e-mail) with stored service technical information in them (titles). If the service technical information (titles) is not such a letter is not evidence. Originality email headers can confirm Internet Service Provider through which was sent to the appropriate email or independent experts
11.1. This Agreement shall enter into force after its signature by the Parties, or in the case of payment for services in the manner prescribed by this Agreement, and is valid for 12 months. If neither Party declares in writing, signed by an authorized representative of the Party of its desire to terminate the Agreement within 15 (fifteen) days before the expiry of its validity, the Treaty is automatically prolonged for the next twelve (12) months without drawing additional agreement. A similar procedure applies to the continuation of these periods of the contract.
11.2. The customer has the right at any time unilaterally refuse services Contractor. In this case, the customer must notify the Contractor within 15 (fifteen) days before the date of termination.
11.3. Contractor may at any time unilaterally refuse the customer service without explanation reasons made with a refund for the unused months full time.
11.4. Artist reserves the right to terminate the Agreement in the implementation of customer technical or other actions envisaged by the agreement not sanctioned by the Contractor that led or could lead to causing damage to the Contractor or third parties, see. Appendix №1.
11.5. Of all the issues outstanding in this Agreement shall be governed by the current legislation of Ukraine.
12.1. Artist pays the income tax on general terms under the laws of Ukraine.
12.2. All applications to this Agreement are its integral parts.
Supplement № 1 to Offer
1.1. Price Services provided by the Contractor under the Contract Customer vyznachenav Table "Payment Service":
1.2. Payment services (fee), provided the table "payment services", carried out by the Contractor under the account to fifteen (15) day of the billing month (that is, the month in which the service is provided.
13. Subscription fee is a monthly payment, paid by the customer over the contract, regardless of whether consumed customer service at all. Monthly fee is non-refundable conversion or transfer to the next billing period
1.4. ________________________ Email Client for mail delivered by the server Contractor.
1.5. Round the clock technical support Performer:
* Phone 057 728 24 20
* E-mail address support@abc-server.com
1.6. The customer is liable to income tax on general grounds.
1.7. Artist payer single tax rate of 5% (third group).