Public offer
On the provision of services for the placement of virtual web servers (hosting) and registration of domain names on the Internet, hereinafter referred to as the Services on the servers of QHost LLC, hereinafter referred to as the Contractor, to any legal entity or individual who has accepted the provisions set forth in the Public Offer (agreement ) conditions and paid for the services of the Contractor, hereinafter referred to as the Subscriber.
This agreement is in the nature of a public offer, is the equivalent of an "oral agreement" and in accordance with the current legislation of Ukraine has the appropriate legal force.
PREAMBLE
1. The information below is an official offer (public offer) to any legal entity or individual to conclude a contract for subscription services. The specified contract is public, i.e. according to Article 633 of the Civil Code of Ukraine, its conditions are the same for all consumers.
2. In accordance with Art. 642 of the Civil Code of Ukraine, full and unconditional acceptance of the terms of a public contract is the fact that the Subscriber makes a payment on account of payment for services and the Contractor receives an appropriate financial document confirming the fact of such payment.
3. The public offer is also accepted upon registration of the Subscriber on the Contractor's website. The Contractor's website is located at https://qhost.net.ua/.
4. The contract number is a unique number that is issued upon registration on the Contractor's website.
5. By entering into the Agreement, the Subscriber confirms that he is fully acquainted with and agrees with its terms, and also, if the Customer is an individual, gives permission for the Contractor to process his personal data in order to be able to fulfill the terms of this Agreement, the possibility of mutual settlements , as well as to receive invoices, acts and other documents. The permission to process personal data is valid for the entire duration of the Agreement, as well as for the next five years after its expiration. The destruction of personal data is the basis for termination of the contract and is carried out on the basis of a written (paper) application of the client. In this case, the contract is terminated from the date specified in the response notice of the Contractor. In addition, by concluding this Agreement, the Customer confirms that he is notified (without additional notice) of the rights established by the Law of Ukraine "On the Protection of Personal Data", of the purposes of data collection, and that his personal data is transferred to the legal entity LLC «QHOST» in order to be able to fulfill the terms of this Agreement, the possibility of mutual settlements, as well as to receive invoices, acts and other documents. The Customer also agrees that the Contractor has the right to provide access and transfer his personal data to third parties without any additional notice to the Customer, without changing the purpose of processing personal data (for example, when registering a domain name). The scope of the rights of the Customer, as a subject of personal data in accordance with the Law of Ukraine "On the Protection of Personal Data" he knows and understands. The Subscriber guarantees that he has informed all third parties about the use of their personal data for the provision by the Contractor of the Services under the Contract, the purposes of processing personal data of third parties, the methods of such processing, and received the consent of such third parties to the processing of their personal data by the Contractor. The Subscriber is obliged, at the request of the Contractor, to provide the written consent of third parties to the processing of their personal data.
TERMS USED IN THIS AGREEMENT
Hosting – a service for providing disk space for the physical placement of data on a server located on the network.
Domain (domain name) – a symbolic designation that serves to address Internet nodes (websites, e-mail servers, network services) in a human-friendly form.
Account – an account in a multi-user system that contains information necessary for the identification of the Subscriber, authorization and accounting.
Subscriber Identification – provision of documents confirming the identity of the Subscriber, authorization on the Contractor's website.
Registrant – The subscriber in whose interests the domain name is registered and delegated.
Registrar – Contractor providing services necessary for the technical support of registration, delegation and operation of a domain name.
Registry Operator – the person carrying out activities for the technical support of the Register.
Registry – information and technical data processing system that contains information about domain names, network addresses, Registrars, Registrants and Registrants' contact persons.
Transfer – procedure for changing the Domain Name Registrar.
IP address – network address in a computer network.
DNS Server – an application designed to answer DNS queries using the appropriate protocol, provides translation of domain names into IP addresses.
Personal data – any information directly or indirectly related to a specific or identifiable natural person.
WHOIS – a service designed to obtain contact information and technical information about domain names, IP addresses and other network information. The Whois service is a public service on the Internet (Regulations of public services [https://hostmaster.ua/services/]).
І. GENERAL
1.1. The Services mean the provision to the Subscriber of:
1.1.1. unique name and password, allowing him to place his information on the Contractor's servers;
1.1.2. registration of domain names and their support on the primary and secondary DNS name server;
1.1.3. ability to organize email names;
1.1.4. obtaining consultations necessary for connecting to the Service through a special section of the Contractor's website;
1.1.5. lease of a virtual private server;
1.1.6. rent a dedicated server.
1.2. The Services do not include the provision of the ability to send and receive electronic messages of the Subscriber at the Contractor's office, setting up or diagnosing the Subscriber's personal computer, modem and software both at the Contractor's office and visiting the Subscriber, as well as teaching Internet skills. ;
1.3. The Contractor provides registration of a domain name on the basis of Agreements concluded with domain administrators and other registering organizations.
1.4. When assisting the Subscriber in registering a domain name, the Contractor shall not be liable for the terms and possible delays in registration associated with the technological features of the registering organization. Also, the Contractor is not responsible for the registration organization's refusal to register a domain for any reason that does not contradict their internal Regulations.
1.5. A new domain name is registered if all the necessary conditions, rules and regulations for its registration are met, in particular:
1.5.1. the application contains complete and correct information required for registration;
1.5.2. the rules of this domain zone are observed.
1.5.3. The rights to the domain name (names) that are (are) being registered, throughout the entire period, are transferred to the Subscriber, subject to the payment of the appropriate fee, in accordance with clause 3 of this Agreement.
1.5.4. If for some reason the registered domain cannot be registered for the Subscriber, the Contractor has the right to register such a domain by indicating his contact information, while the Contractor does not own the right to such domain names and does not claim them.
1.5.5. The subscriber confirms that at the time of signing the contract, according to his information, neither the registration of the domain name nor the procedure for its use violate the intellectual property rights of third parties.
1.5.6. For a registered domain (domains) under the current contract, no refund is made under any circumstances.
1.5.7. The registered domain (domains), at the initiative of the Subscriber, may be removed from the registration database ahead of time, while it will become available for registration to third parties.
1.5.8. All operations with a domain are performed in accordance with the rules and regulations of the domain zone in which it is registered or registered:
- .UA domain rules [https://hostmaster.ua/policy/?ua]
- UA-DRP procedure [https://hostmaster.ua/policy/ua-drp]
- .COM.UA domain policy [https://hostmaster.ua/policy/?com.ua]
- .KIEV.UA domain policy [https://hostmaster.ua/policy/?kiev.ua]
- Regulations for registration of public domains of the second level [https://hostmaster.ua/policy/2ld.ua]
- Regulations on public services UA ccTLD [https://hostmaster.ua/services/]
- Features of registration of second-level domains [https://hostmaster.ua/2ld/]
- Rules for registration and use of domain names in the .UKR domain [http://uanic.net/pravila-registracii-i-polzovaniya-domennymi-imenami-v-domene-ukr/]
- Rules for registering domain names in .RU and .РФ domains [http://www.cctld.ru/ru/docs/rules.php]
- Rights and obligations of registrants of international domain names [http://www.icann.org/en/resources/registrars/registrant-rights/benefits]
1.5.9. The Registrant is responsible for the truthfulness and reliability of the data submitted to the Registrar. The registrant undertakes to keep this information up to date.
II. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. Responsibilities of the Contractor:
2.1.1. Provide Services to the Subscriber by registering the Subscriber.
2.1.2. Provide a secure WEB interface for subscriber registration, process the data entered by the subscriber and create a unique account for the subscriber based on the entered data. Send the necessary parameters for accessing services via e-mail.
2.1.3. Provide Services in accordance with the amount of the subscription fee debited from the Subscriber's personal account.
2.1.4. Publish official messages related to servicing Subscribers and changing payment rates on the Contractor's website, as well as send them to subscribers' e-mail.
2.2. Subscriber Responsibilities:
2.2.1. Provide complete, true and accurate information in the amount necessary to provide the services they request/purchase. The information provided by the Subscriber, if necessary, can be published in open sources.
2.2.2. Pay for the Services in accordance with the selected tariff plan of the Contractor. The Subscriber undertakes to independently familiarize himself with the information about the terms of service and tariffs on the Contractor's website.
2.3. Artist Rights:
2.3.1. Temporarily or completely terminate the provision of Services to the Subscriber and require written explanations from the Subscriber in the following cases:
2.3.1.1. Failure to receive timely payment for the Services.
2.3.1.2. Providing inaccurate contact information by the Subscriber or not providing such information upon request.
2.3.1.3. Actions aimed at restricting or preventing other users from accessing the services provided by the Contractor, as well as attempting unauthorized access to the Contractor's resources and other systems accessible via the Internet;
2.3.1.4. Sending via the Internet any information that is contrary to the requirements of the legislation of Ukraine or the norms of international law contained in international treaties and conventions to which Ukraine is a party. Mailing is understood as a mass mailing of several emails to multiple recipients, as well as multiple mailings to one recipient, as well as the use of details (web pages, e-mail) of the Subscriber for such mailings made through another Provider. Messages are e-mail, ICQ and other similar means of personal communication;
2.3.1.5. Publishing or transmitting any information or software that contains computer viruses or other components equated to them;
2.3.1.6. To send, publish, transmit, reproduce, make available or in any way exploit for commercial purposes information, software or other materials, in whole or in part, obtained through the Services (unless expressly authorized by the owner of such information, software, software or other products) subject to the written request of the owner of such information to limit the listed actions;
2.3.1.7. Actions aimed at sending, publishing, transmitting, reproducing or distributing in any way software or other materials obtained through the Services, in whole or in part, protected by copyright or other rights, without the permission of the owner, as well as sending, publishing, transmitting or distribute in any way any component of the Services provided or works created on its basis, since the Services themselves are also subject to copyright and other rights, subject to a written request from the owner of such rights to limit the listed actions;
2.3.1.8. Sending electronic messages of a commercial and other nature, not previously agreed (not requested) with its recipient, regardless of whether they were produced through the Contractor's mail server or another mail server;
2.3.1.9. Publication and transmission via the Internet of any information that is contrary to the current Ukrainian legislation or international treaties and conventions to which Ukraine is a party. In particular, this applies to pornographic images. Due to the lack of legally established methods for determining whether a particular image is pornographic, the Contractor reserves the right to such a determination;
2.3.1.10. Placing on the servers of the Software Executor (binary code, scripts, etc.) acting as a server or an independent service.
2.3.2. The Contractor has the right to terminate the contractual relationship with the Subscriber unilaterally, with the simultaneous sending of a written electronic notice, if the Subscriber violates its obligations under this Agreement. The moment of termination of the contract and termination of service is the date of sending the corresponding message to the Subscriber.
2.3.3. In case of increased (excessive) needs of the Subscriber for hardware and other resources provided as part of the ordered service, the Contractor reserves the right to offer the Subscriber a transition to another tariff plan, and if the Subscriber refuses, terminate its service with the return of funds unused by the Subscriber.
2.4. Subscriber Rights:
2.4.1. Require the Contractor to provide the Services in accordance with the terms of this Agreement.
2.4.2. Receive from the Contractor information about services and additional paid services.
2.4.3. Contact the Contractor with complaints and suggestions for improving the quality of services.
ІII. COST OF SERVICES AND PROCEDURE OF PAYMENT
3.1. Payment for the Services is carried out in the national currency of Ukraine in accordance with the tariffs established at the time of the provision of the Service.
3.2. When making a payment, the Subscriber is obliged to indicate in the payment document the number of the invoice issued by the Contractor and identifies the paid services.
3.3. The Contractor has the right to unilaterally revise the prices for the Services and introduce a new tariff plan. The Contractor notifies the Subscriber about the introduction of new prices by publishing a message about this on the Contractor's website or by sending a message to the Subscriber's e-mail. The effective date of the new Tariff Plan is the date of its publication on the Contractor's website. In the event of a change in tariffs, the previously made payment for the new tariffs is not recalculated.
3.4. Services are considered paid at the moment of receipt of funds to the Contractor's current account specified in Section VIII of this Agreement.
3.5. Within 10 (ten) days from the date of formation of a negative balance on the Subscriber's personal account, the contents of his mailbox and virtual server are kept by the Subscriber, after this period the contents of the Subscriber's e-mail box and information from the virtual server will be deleted.
3.6. The services provided by the Contractor cannot be transferred to third parties, including transferred to other companies for servicing in the following cases:
3.6.1. receiving this service as a bonus or gift;
3.6.2. in case of incomplete (partial) payment for this service;
3.6.3. claims under paragraph and subparagraphs 2.3.1. of this Agreement;
3.6.4. receiving a bonus or gift for this service;
3.6.5. free transfer of a domain name without its renewal.
3.7. The service can be transferred to third parties, including transferred to service other companies with 100% payment for the Services provided by the Contractor in the national currency of Ukraine.
IV. SPECIAL CONDITIONS AND RESPONSIBILITIES OF THE PARTIES
4.1. The Contractor does not guarantee the absolute uninterrupted or error-free Services and does not guarantee that the proposed software or any other materials do not contain system errors. The Contractor takes all reasonable efforts and measures to prevent this.
4.2. The Contractor is not liable for direct or indirect damage caused to the Subscriber as a result of using or inability to use the Services or incurred as a result of errors, omissions, interruptions in work, deletion of files, defects, delays in work or data transfer, or changes in functions and other reasons. The Contractor does not guarantee the acceptance of the Subscriber's mail from remote networks, the operation of which led to the entry of the address of such a network into the lists according to which the Contractor's mail delivery program does not receive mail.
4.3. The Contractor is not responsible for the quality of public communication channels through which access to the Services is provided.
4.4. The Subscriber assumes full responsibility and risks associated with the use of the Internet through the Services, including responsibility for assessing the accuracy, completeness and usefulness of any opinions, ideas, other information, as well as the quality and properties of goods and services distributed on the Internet and provided To the Subscriber through the Services.
4.5. The Subscriber is fully responsible for the safety of his password and for losses that may arise due to its unauthorized use. Upon the theft of the login and password that occurred through the fault of third parties, the client has the right to send an application to the Contractor to change the login and password, with the obligatory attachment to the application of the relevant financial document confirming payment for the Services.
4.6. The Contractor is not a defendant or co-defendant for any obligations and expenses related to the violation of the provisions of this Agreement by the Subscriber or other persons using the Subscriber's username and password; or related to the use of the Internet through the Services; or related to the placement or transmission of any message, information, software or other materials on the Internet by the Subscriber or other persons using his login and password.
4.7. The Contractor fulfills the Subscriber's requests sent only from the Subscriber's contact e-mail or from the service area (account) on the Contractor's website. The contact e-mail is the address specified in the registration database on the Contractor's website. The subscriber can change the contact e-mail in the registration database when entering the service area (account) on the Contractor's website.
4.8. The Contractor, the Administrator of the domain zone and the Registry Operator are not responsible for the consequences of the use, non-use or misuse of domain names by the Subscriber. The Contractor, the Domain Zone Administrator and the Registry Operator cannot be involved in litigation regarding domain names.
4.9. The Subscriber agrees to receive notifications regarding the provision of the Services by e-mail (e-mail) and through short message services (SMS).
4.10. The Parties agreed to consider that the facsimile reproduction of the signature on the invoices and acts of acceptance and transfer of works signed by the Parties under the current Agreement has the same legal force as the handwritten signature of the authorized representatives of the Parties.
V. CLAIMS AND DISPUTES HOW TO RESOLVE
5.1. Claims of the Subscriber for the Services provided are accepted by the Contractor for consideration only in writing and no later than 3 calendar days from the date of the dispute. The term for consideration of the Subscriber's claims is no more than 14 (fourteen) business days.
5.2. Consideration of claims against the Contractor related to the provision of the Services is carried out upon presentation by the Subscriber of the relevant financial documents confirming the payment for the Services.
5.3. When considering disputes, as evidence, the parties have the right to provide printed e-mails (e-mail), with saved official technical information in them (headers). In the event that service technical information (headers) is missing, such a letter is not evidence. The originality of the email headers can be confirmed by the Internet Service Provider, through which the corresponding email was sent, or by independent experts.
VI. POINT OF ENTRY INTO FORCE OF THE CONTRACT. VALIDITY. MODIFICATION AND TERMINATION
6.1. The Subscriber has the right to unilaterally refuse the Services of the Contractor at any time. In this case, the Subscriber is obliged to notify the Contractor 15 days before the date of termination of the Agreement.
6.2. The Contractor has the right at any time to unilaterally refuse service to the Subscriber without explaining the reasons, while the Subscriber is refunded for the full months of unused time.
6.3. In case of early termination of the provision of the Services in accordance with the terms of this Agreement, the Subscriber is refunded for the full months of unused time (payment for the month during which the service was terminated is not refundable) upon presentation by the Subscriber of the relevant financial documents.
6.4. The Agreement comes into force from the moment of payment for the Services in the manner prescribed by this Agreement and is valid for a year. If 15 calendar days before the expiration of the Agreement, one of the Parties does not send the other Party a written notice of its termination, this Agreement is automatically extended for the next one-year period.
6.5. On all issues not regulated in this text of the Agreement, the Parties are guided by the current legislation of Ukraine.
VII. ANNEXES TO THE AGREEMENT
7.1 Annexes are an integral part of this Agreement.
7.2 Appendix No. 1 – Terms of Service.
7.3 Appendix №2 – Privacy Policy.