Terms of services
This Agreement is in the nature of a public offer and is the equivalent of an "oral agreement", and is duly enforceable under Ukrainian law.
According to article 642, chapter 53 of the Civil Code of Ukraine, CLIENT's unconditional acceptance of the terms of the public offer is considered to be a payment by CLIENT for services and reception by PROVIDER of the corresponding financial document, which confirms the fact of payment.
An individual entrepreneur Vitalii Seleznov, hereinafter referred to as the Provider, and an individual or a legal entity ordering and paying for services, hereinafter referred to as the Client, on the other hand, have made an Agreement on the following:
Terms and definitions
A server is a hardware computing system for running service software.
A virtual server (virtual server rental) is a software emulation of a hardware server. Multiple virtual servers isolated from each other can be run on a single hardware server with a portion of the hardware server resources allocated to them. Also may be referred to as: Virtual Server, Virtual Machine, VPS (Virtual Private Server), VDS (Virtual Dedicated Server).
A dedicated server (dedicated server rental) is a service which allows the Client to rent a hardware (physical) server.
Colocation - placement of server or network equipment in a "Rackmount" form factor in a rack at the Provider's technical premises with power and internet connections to the equipment. It may also be referred to as: Colocation, Co-location, Server Housing, Server Hosting.
Traffic - the amount of data transmitted or received over the Internet in a given period of time.
A tariff plan (tariff) is an offer that contains the number of resources, features and options that can be made available to the Client for a certain price.
An SSL certificate is a digital signature that allows you to verify that a website is genuine.
SSL certificate registration - issuance of a digital signature by a trusted Certification Authority.
A certification centre is an organisation that issues individual digital signatures for a domain name.
Login - a unique set of letters and numbers that can serve to identify the Client on the Provider's resources.
Password - a sequence of letters, numbers and characters known to the Client, which together with the Login allows access to the Provider's resources/services.
Order - an electronic application formed by the Client using the Provider's website with a list of services, which contains a unique number.
The Client Area is the part of the website of the Service Provider which enables the Client to place orders, manage services, pay for services and generate calls to the Service Provider.
The Ticket System is the part of the Client's Personal Office that allows you to generate and respond to queries from the Provider.
Correct data - the correct information provided by the Client during the registration process on the Provider's website, which is necessary to identify the Client and provide services to him.
A DDoS attack is a hacker attack on a server or network infrastructure to bring it down.
A domain name (domain) is a unique address for a website or other resource that refers to a server IP address through DNS servers.
Registry is a database containing information about domain names, their registration period, contact details of the Registrant, DNS servers and other information required to support the operation of the domain name space.
The Registrar is the entity authorised to enter Domain Name records into the Registry and to modify and delete the records created.
Domain name (domain) registration - the creation of an entry for a Domain Name in the Registry.
Registrant means the person for whose benefit the Registrar registers the Domain Name.
Proxy Contact - the contact details the Provider enters in the Registry and applies to the Client's Domain Name.
Domain name registration period - the period during which the Registrant is entitled to dispose of the Domain Name. The minimum registration period is one (1) year.
The Provider's website is the website available on the Internet at https://unixhost.pro
Spam - sending of any information through the Internet which contradicts requirements of the legislation of Ukraine or rules of international law contained in international treaties and conventions, to which Ukraine is a party. Spamming is both a mass mailing of several e-mails to multiple recipients and multiple mailings to one recipient, as well as using the details (web-pages, e-mail) of the Provider during similar mailings made through another Provider. Messages are e-mail messages, messages on various web resources, messages in messengers.
Additional services - optional services that are not included in the Tariff plan.
Scheduled technical works are actions carried out by the Provider with its hardware or software that are necessary to maintain or improve the operation of the technical infrastructure.
Emergency technical works are actions aimed at restoring the functionality of the hardware, software or network infrastructure, or individual components thereof, that have failed unexpectedly.
Regulations of technical support - the list of rights, duties, responsibilities of the technical support service of the Provider. The Regulations are published on the Provider's website in the Information section.
1. Subject of the contract
1.1. The Provider undertakes to provide the services chosen by the Client in accordance with the Service Order. The list of the services to be provided is published on the Provider's website. The Provider shall provide technical support and services as provided for in this Agreement - either in person or by engaging third parties. The Client undertakes to pay for the services chosen by the Client in accordance with the rates indicated on the Provider's website within the Tariff or service chosen by the Client and in accordance with the procedure defined in this Agreement.
2. Procedure for the provision of services
2.1. By selecting a service, the Client creates an order using appropriate forms and tools on the Provider's website. The Provider shall issue an invoice to the Client for the selected service electronically.
2.2. The precondition for the commencement of services is the advance payment by the Client of at least one billing period on the basis of an invoice issued by the Provider.
2.3. The Provider shall keep records of services and payments to the Client. The payments under this Agreement shall be made in the national currency of Ukraine (hryvnia). Prices in other currencies may be published on the Provider's website for information purposes.
2.4. The Client has the right to send a claim concerning the services to the Provider's electronic mailbox no later than seven (7) days after the services have been provided. If within seven (7) days after the provision of the services the Client has not submitted a complaint about the quality of the services provided, it shall be deemed that the services provided or work performed meet the requirements of the contract and have been accepted by the Client in full.
2.5. When registering (placing an order) and while using the service, the Client undertakes to provide correct data about himself, including a valid e-mail address. If it is necessary to verify the identity of the Client, the Client undertakes to provide all data (documents) necessary for the Provider to carry out such verification.
2.6. The Client has the right to obtain technical support via the Ticket System or the Provider's technical support email: [email protected]
2.6.1 Technical Support of the Provider shall operate in accordance with the Technical Support Regulations.
2.6.2. Technical Support may assist the Client outside the Technical Support Regulations at its discretion and for an additional fee. The amount of the fee depends on the time spent by the technicians on solving the problem which has been set by the Client.
2.6.3. The Provider reserves the right to refuse to provide technical assistance without giving a reason.
2.7. The Client undertakes to provide his identification data (e-mail address, login, name, surname) in the Provider's system whenever he contacts the Provider.
The Provider shall have the right to reject an application in cases where
providing inaccurate information about yourself;
if it cannot be fulfilled due to the technical features of the service;
if the appeal relates to the quality, correctness and error-free functioning of software developed by third parties;
2.8. Technical Support does not provide advice on programming, web design, script and programme settings or other similar matters.
2.8.1. Technical Support is not obliged to provide advice on the underlying software, information on which can be obtained from the relevant user manuals for that software and is not responsible for unprofessional or unqualified acts of the Client or its representatives.
2.8.2. Provider does not provide technical support to persons who are not clients of Provider and do not have active services in Client Area.
2.9. Provider reserves the right, at its own discretion, to ask the Client to submit a photograph or a scan of their identity document (passport/foreign passport/driving license/other document proving the Client's identity) and to refuse to provide services without giving a reason.
This provision applies:
Orders whose preliminary examination has led to the suspicion that the data provided by the purchaser is inaccurate
the Client's account which may have been compromised
when the Client carries out the procedures for transferring the domain name to another registrar
2.10. The Provider shall send notifications concerning its services to the Client via e-mail. The Provider is not responsible for the delivery of these messages by other internet mail servers "nodes" to the Client's mailbox.
2.11. The Provider shall be entitled to suspend or limit the provision of services to the Client without prior notice:
if the Client fails to comply with the terms and conditions of this Agreement;
if the Provider has reasonable grounds to believe that any action taken by the Client using the services provided to the Client under this Agreement causes or is likely to cause damage to the Provider, other Clients or the normal functioning of the technical infrastructure of the Provider;
in the event of the Client sending unauthorised messages (spam) in any form;
if the resources (services) provided to the Client are used to carry out a DdoS attack or any other type of hacking attack, regardless of what they are aimed at;
in the event of a DdoS attack on a virtual server, dedicated server, colocation server or other Client's equipment, which may affect the operability of the Service Provider's infrastructure. Resumption of the service is at the Provider's discretion.
if the provision of the service to The Client is detrimental to the Provider's business reputation;
when the Client engages in any illegal activity using the services provided by the Provider;
when requested by authorised state bodies in the event of a breach of Ukrainian law, the law of the country where the server is hosted or international law;
2.12. In case of the increased demands of a Client to the hardware or other resources of Provider in comparison with a tariff plan chosen by a Client, Provider, basing on facts (monitoring data, excerpts from documentation) offers a transition to another tariff (higher class service) which will allow to provide a proper quality of provided service. In case the Client refuses to switch to another tariff/service, the Provider does not guarantee the proper quality of the service provided, does not accept any complaints about the quality of the service provided, does not provide a refund in case of disagreement with the quality of the service provided.
3. Procedure for the provision of a virtual server rental service
3.1. Provider shall provide Client with access by publishing in the Client's Client Area or via e-mail to information necessary to use the service as well as to manage the virtual server: switching on, switching off, rebooting, access to console or terminal, access via SSH (if provided for in the Tariff Plan), access to the remote desktop (if provided for in the Tariff Plan).
3.2. The Provider shall provide the Client with access to information about the Client's use of resources (statistics) on the virtual server.
3.3. The Provider shall notify the Client of Scheduled Technical Work at least 24 hours prior to its commencement and shall make every effort to inform the Client of the Emergency Technical Work by publishing the information in the Client's Client Area or by e-mail.
3.4. The Client may order additional IP addresses for the virtual server. The number of IP addresses available for order is determined by the Tariff Plan. To order more IP addresses than determined by the Tariff Plan, a plan for the use of IP addresses by the Client is required.
3.6. The Provider shall use its best endeavours to ensure continuous and uninterrupted operation of the Virtual Server and its availability on the Internet. The Client accepts the fact that it is impossible to ensure absolutely uninterrupted operation of the Virtual Server and its absolutely uninterrupted availability on the Internet.
4. Dedicated server rental service provisioning procedure
4.1. The Provider shall provide the Client with access by publishing in the Client's Client Area or via e-mail to the information necessary for the use of the service as well as to the management of the Dedicated Server:
Powering on (if provided for in the tariff plan)
Switching off (if provided for in the tariff plan)
Rebooting (if provided for by the tariff plan)
KVM or IPMI (if provided for in the tariff plan)
SSH access (if provided by the operating system)
Remote desktop access (if provided by the operating system)
4.2. The cost of the dedicated server includes installation of the operating system and basic server preparation. Technical assistance which is not reflected in the Fee Schedule can be provided on request by Technical Support on a fee basis.
4.3. The Client may order additional IP addresses for the Dedicated Server. The number of IP addresses available for order is determined by the Tariff Plan. To order more IP addresses than determined by the Tariff Plan, a plan for the use of IP addresses by the Client is required.
4.4. Refunds for the dedicated server rental service and additional services related to it shall only be made if the Service Provider has not yet started the processing of the Order.
4.5. The Provider shall use its best endeavours to ensure that the Dedicated Server is in technically sound condition, operates continuously and uninterruptedly, and is continuously and uninterruptedly available on the Internet. The Client accepts the fact that the Dedicated Server's components can fail due to normal wear and tear. The Client accepts the fact that it is impossible to provide absolutely uninterrupted access to the Internet due to the peculiarities of the functioning of the Internet.
5. Procedure for the provision of the Colocation service
5.1. The Provider shall place the Server(s) or other equipment of the Client in the "Rackmount" form factor, with dimensions of 19′′ at its technical site, provide its connection to an uninterruptible power supply network with 220V voltage.
5.1. The Provider shall provide connection to the Internet Server(s) or other equipment of the Client on the basis of this Agreement.
5.3. The Provider shall provide a routable static IP address for each unit of Client's equipment.
5.4. The Client shall deliver his equipment to the Provider's site himself or by means of a delivery service. The Provider does not provide delivery services to the Client.
5.5. The Provider shall use its best endeavours to ensure that the Client maintains the integrity of its Server(s) or other hosted equipment at the Provider's technical site. The Provider shall not be liable for natural wear and tear of the equipment or its components, nor for damage caused by third parties.
5.6. The Client has a right of access to the Provider's technical area to perform manipulations with its Server(s) or other hosted equipment in case it is stipulated in the Tariff plan or policy of access to the technical area. All operations by the Client at the Provider's technical site shall be carried out in the presence of a representative of the Provider. In the event that the Client cannot access the technical site, the Provider may carry out the necessary manipulations as part of the Remote Hands service according to the tariffs on the Provider's website.
5.7. The Client may order additional IP addresses for the hosted server as part of the Collocation service. The number of IP addresses available to order is determined by the Tariff Plan. To order more IP addresses than determined by the Fee Schedule, a plan for the use of IP addresses by the Client shall be required.
5.8. The Provider shall use its best endeavours to provide the Server(s) or other hosted equipment of the Client with continuous and uninterrupted power supply and access to the Internet. The Client accepts the fact that it is impossible to provide its equipment with absolutely uninterrupted power supply and absolutely uninterrupted access to the Internet due to the peculiarities of functioning of the Internet.
6. Procedure for the provision of domain name registration and maintenance services
6.1. A new Domain Name may only be registered if the following conditions are met:
At the time of registration, the domain name is vacant;
the application form contains complete and correct information required for registration;
the rules and regulations of the Registry in which the Domain Name is registered are complied with;
6.2. During the domain name registration period the Client shall be entitled to dispose of the domain name at its own discretion within the framework of the rules of the corresponding Registry, the Agreement with the Provider, the Laws of Ukraine.
6.3. During the registration period, the Client is entitled to extend the registration of the Domain Name for a further period by requesting the relevant service from the Provider.
6.4. Upon expiry of the registration period, if the Client has not expressed a wish to extend the registration period, the Client loses its right to manage the Domain Name.
6.5. After the expiration of the registration period of the Domain Name, the Client may be granted the right of priority renewal of the Domain Name. The period during which the Client is granted such right shall be determined by the Provider.
6.6. The Provider shall grant the Client the right, within 10 (ten) calendar days from the end of the registration period, to extend the Domain Name Registration Period.
6.7. The Provider shall be entitled, at its sole discretion, to change the priority renewal period of the Domain Name Registration Period at the end of that period.
6.8. If the Client has not expressed his wish to extend the registration of the Domain Name even within the additional period, the Provider shall be entitled to delete the Domain Name or dispose of such Domain Name at its own discretion.
6.9. In the event that the Domain Name has been deleted, the Client shall be entitled to carry out a Domain Name Recovery Operation (only if such an operation is supported by the relevant Registry and the Provider provides such a service).
6.10. Domain name transfer to another Registrar shall be performed only within the Domain Name Registration Period. Depending on the rules of the Registry, it may take at least 30 (thirty) days before the end of the Domain Name Registration Period to effect the transfer.
6.11. The Client (Registrant) is obliged to independently monitor the relevance of its contact data, the Provider is obliged to make timely changes in the contact data of the Client in the Registry. The Provider shall not be liable for the loss of control over the Domain Name or any other consequences in case the Client fails to fulfil its obligations under this provision of the Agreement.
6.12. The fees for domain name registration and domain name renewal may vary.
6.13. Procedures for the use of Proxy Contacts:
6.13.1. In order to ensure automatic registration of domain names and at the request of the Client, the Provider has the right to apply concealment of personal information about the Client by means of using a proxy contact.
6.13.2. When registering the Domain Name using the Proxy Contact service, the Provider shall act solely as a representative of the Client, and shall change the contact details of the Domain Name at any time in accordance with the Client's request.
6.13.3. The Provider shall have the right to refuse to use the Proxy Contact without giving a reason.
6.13.4. In case of sudden termination of the registration activity by the Provider, the Provider shall be obliged to publish an information notice on its web-site and notify the Client about the termination of the provision of the domain name registration services. If the Domain name was registered using the service of the Proxy-contact the Client shall be obliged after the receipt of the notice to apply to the Provider to change the contact data of the Domain name in accordance with the procedure established by this Agreement. The Provider shall change the entry of the Domain name in the Registry replacing its own by the contact data of the Client and shall issue the transfer code (auth-code) to transfer the Domain name to another Registrar.
7. Procedure for the provision of SSL certificate registration services
7.1. Within 24 (twenty four) hours upon receipt of the payment for the SSL Certificate registration service the Provider shall provide the Client with all the information and instructions necessary for issuing the SSL Certificate.
7.2. To register the SSL Certificate, the Client shall provide the following details
the type of server hosting the Client's website;
CSR (certificate request);
administrative contact details for the SSL certificate;
Email address to which an email will be sent with a link to confirm it.
7.3. Upon completion of the SSL Certificate registration process, the Provider undertakes to forward the information to the Certification Authority within 3 (three) days.
7.4. The procedure and procedures of verification of the Client's data provided by the Client to obtain the SSL Certificate shall be established and carried out by the Certification Authority. The Provider shall not be liable for the terms and results of the Certification Authority's verification of the Client's documents, information and credentials.
7.5. The Certification Centre shall have the right to request additional documents and information from the Client when verifying the information and credentials of the Client.
7.6. The Provider shall not guarantee the service to the Client in case the Certification Authority refuses to issue, extend or re-issue an SSL Certificate for the Client. If the service is not provided to the Client due to the Certification Authority's refusal to issue, extend or re-issue an SSL Certificate for the Client, it shall not be subject to payment by the Client. The funds already transferred by the Client to pay for the service shall be returned to the Client or used to pay for other services. In case the Certification Authority refuses to further provide an SSL Certificate after its actual issue, the funds transferred by the Client for payment for the service shall not be returned to the Client or used for payment for any other services, if 30 (thirty) days have passed since the issue or extension of the SSL Certificate or 90 (ten) days have passed since the Provider actually receives the payment for the service related to the access to SSL Certificate issue under this Agreement.
7.7. The Provider shall not be liable for the content of the information posted by the Client on the website, the SSL certificate for which is registered with the Provider's services.
7.8. The Provider shall provide the Client with the necessary consulting support on issues related to the SSL Certificate during the whole validity period of the Certificate. Installation of an SSL Certificate at the Client's web site is an additional service and shall be paid for by the Client separately according to the tariffs at the Provider's web site. The Client shall install an SSL Certificate to the Client's web site free of charge only in case the Client receives other services within which an SSL Certificate may be used.
7.9. The Client shall independently provide the technical conditions necessary for the correct installation and operation of the SSL Certificate:
To register an SSL certificate, the Client creates a CSR request to sign the certificate themselves;
specifies the details of the administrative contact for the SSL certificate as well as the e-mail address to which the letter from the Certification Authority will be sent to confirm the request for an SSL certificate;
provides a dedicated IP address for each SSL certificate;
installs and stores the SSL certificate on the server.
7.10. If it is objectively impossible to register the SSL Certificate, the Provider shall return to the Client 100% of the money transferred by the Client in payment for the services under this Agreement.
7.11. SSL Certificate Renewal is an issue by the Certification Authority of a new SSL Certificate where the Client's data remains unchanged and a new Certificate validity period is specified.
7.12. The Provider shall issue an invoice to the Client for the renewal of the SSL Certificate at least 10 (ten) days prior to the expiry of the Certificate.
8. Procedure for the provision of services File data storage
8.1. The Provider shall provide disk space in accordance with the Tariff Plan as well as storage access details for downloading the Client's data.
8.2. The Client shall install and configure the software required to upload the data to the repository.
8.3. The Client independently monitors the availability of free disk space within the selected Tariff Plan. In case of lack of disk space, the Client may change the Tariff plan to a plan with more disk space without losing the data already in storage.
8.4. The Provider shall use its best endeavours to ensure continuous and uninterrupted access to the Client's data. The Client accepts that it is not possible to provide absolutely uninterrupted access to its data.
9. Cost of services and billing procedures
9.1. The Provider has the right to unilaterally change the prices of its services. The reference currency for the price of the service shall be the US dollar. The price of the service at the time of payment by the client will be calculated on the basis of the US dollar exchange rate on the day of payment.
9.2. Payment for the services shall be made by the Client in the form of an advance payment to the Provider according to the invoice issued.
9.3. The Client shall be obliged to pay for the services regardless of the use of the services.
9.4. The Client shall pay the invoice received by transferring money to the current account of the Provider.
9.5. The Client shall be responsible for the correctness and timeliness of the payments he makes. If, for any reason, payment of the invoice cannot be made within the period agreed in the contract, the Client shall notify the Provider thereof. Postponement of payment shall be at the discretion of the Provider.
9.6. Provider shall submit an invoice to Client by e-mail for the extension of the service period at least seven (7) calendar days before the end of the current billing period paid by Client.
9.7. Payment shall be made for the period chosen by the Client when placing the order on the Provider's website. The service may be paid for at least the minimum period possible for the provision of that particular service. The period of payment can be changed at the request of the Client.
9.8. In case of direct payment by the Client to the bank account of the Provider, the Client shall indicate the number of the invoice in the "Details of Payment". Otherwise the Provider shall not guarantee the crediting of the received funds in favour of payment for the services of the Client.
9.9. The bank charges for the payment of the Provider's invoices shall be borne by the Client. When paying with a bank card whose currency is different from the currency of the selected payment method, the amount of the final transaction may be higher than the declared cost of the service due to additional fees on the side of the issuing bank.
9.10. Should the bank details of the Provider change, the Provider shall notify the Client thereof. The Provider shall not guarantee the crediting of payments to the old bank details made after notifying the Client of the change and shall not be liable for the above payments of the Client.
9.11. An invoice shall be deemed paid from the moment funds are received on the current account of the Provider. When an invoice is issued for the payment of a new or renewal of an existing service and if funds are available on the internal balance in the Client's system, funds from the internal balance are automatically applied to the invoice until it is paid in full if sufficient funds are available.
9.12. Refunds upon the Client's request are possible only if it does not contradict other clauses of this Agreement. No refund is possible for the domain name registration and SSL certificate services actually provided.
9.13. Refunds for unrequested services or cancelled orders shall be made by the Provider within 10 (ten) banking days from the date of execution of the cancellation of services upon presentation of documents confirming the identity of the Client. The refund amount shall be calculated according to the formula S-((S/30)*N), where S is the amount paid by the client and N is the number of days of the unused payment period.
9.14. Refunds for services for which other services have been provided in addition as a gift or bonus shall be made after deducting the full value of the additional services that have been provided as a gift or bonus.
9.15. Upon successful payment by bank card, the Provider shall save its identifier in the system, which will be used for automatic payments when paying for the renewal of any service. The Client may at any time block the automatic payment by making the appropriate request to the Support Team.
9.16. When paying for the order with a bank card, payment processing (including entering the card number) takes place on a secure page of the processing system or by exchanging data through an API (Application Programming Interface) using SSL/TLS encryption with the server of the processing system, which has passed international certification. This means that the Client's confidential data (card details, registration data, etc.) is not transferred to the Provider. Their processing is fully protected and no one, including company employees, can obtain the Client's payment and banking data.
10. Rights and obligations of the Parties
10.1. The Provider undertakes to
10.1.1. Provide basic and ancillary services in accordance with the terms and conditions of the tariff plan chosen by the Client.
10.1.2. Provide technical advice at the request of the Client to the extent necessary for the interaction of the parties in the performance of the terms and conditions of this Agreement.
10.1.3. In the event of a breach of the terms and conditions of this Agreement, notify the Client by e-mail of the discovery of the breach.
10.1.4. Notify the Client if the Provider discovers an attempt by third parties to hinder the provision of services to the Client, if special action by the Provider is required to remedy or prevent such cases.
10.1.5. Notify the Client of the suspension of services.
10.1.6. Not to disclose and not to use information regarding the Client's activities, which has become known to the Provider during the performance of the current Agreement, for any purpose other than the performance of this Agreement, except as provided by law.
10.2. The Client undertakes to
10.2.1. Provide complete and truthful information about itself. The Provider shall not be held liable for any consequences which have arisen due to incorrect data entered. If it is necessary to verify the identity of the Client, the Client shall provide all data (documents) necessary for the Provider to carry out such verification.
10.2.2. To comply with the terms and conditions set out in this Agreement.
10.2.3. Pay for the services in accordance with the Agreement in a timely manner.
10.2.4. Not to take any action which intentionally or unintentionally leads to disruption of the software and/or systems of the Provider.
10.2.5. Do not use the services provided by the Service Provider for activities which are contrary to national and international law. The services provided by the Provider may not be used for the advertising, sale or other distribution of goods and services, the circulation of which is expressly or by way of exception prohibited or restricted by law.
10.2.6. Submit a request to cancel the service before the next billing period is issued in order to avoid automatic withdrawal of the subscription from the payment systems.
10.3. The parties undertake
10.3.1. Not to pass on to third parties, without mutual consent, organizational, technological and commercial information constituting a secret for either Party (hereinafter referred to as "confidential information") provided that
Such information has actual or potential commercial value because it is not known to third parties;
such information is not freely accessible on a legal basis;
the holder of such information shall take appropriate measures to ensure its confidentiality;
confidential information shall be protected for the duration of the Agreement and until five (5) years have elapsed from the termination of the Agreement.
10.4. The Client shall have the right:
10.4.1. to use the purchased services at its own discretion within the limits defined by law, this Agreement.
10.4.2. Receive technical advice to the extent necessary for the correct interaction of the Parties in the performance of the terms and conditions of this Agreement.
10.4.3. To contact the Provider's representative with suggestions for improving the quality of the services provided and optimizing their use by the Client.
11. Procedure for amending and terminating a contract
11.1. Provider has the right to unilaterally amend the text of this Agreement (public offer). Provider shall notify Client of any changes in the text of this Agreement.
11.2. If the Client does not agree with the changes to the Contract, he shall be entitled to unilaterally terminate the Contract.
11.3. If the Client terminates the Agreement due to disagreement with the changes in the Agreement, the Client shall repay the debts to the Provider and the Provider shall refund the advance payment for the services if it does not contradict other provisions of this Agreement.
11.4 The Parties to the Agreement shall have the right to unilaterally terminate it. For this purpose, the Party initiating the termination shall send a written or electronic request to the other Party via e-mail, Ticket System or Electronic Document Management System. The request must be sent at least 30 days before the date of termination.
11.5 The Provider shall be entitled to terminate the Contract with the Client immediately and unilaterally if the Client violates international or national law or the provisions of this Contract.
12. Third party software
12.1. The Provider shall enable the Client to use software belonging to third parties. The Provider does not guarantee the achievement of any specific results that can be obtained from the use of such software. The Provider shall not be liable for any malfunction of such software.
12.2. The client has the right to add and use third party software when using the services of the Provider only insofar as it is compatible with the services provided and has been approved by the Provider. The Client shall use third party software at its own risk.
13. Responsibility of the Parties
13.1. The Provider shall be liable for interruptions in the provision of services under the Order, with the exception of interruptions caused by the Client or third parties.
13.2. The Provider shall not be held liable:
13.2.1. For any loss incurred by the Client due to the use of the services provided by the Provider, where the Client has been informed of the possibility of such loss or such loss is caused by the Client.
13.2.2. For the content and accuracy of any information that is transmitted or received through the provision of services.
13.2.4. For the proper functioning of the Client's hardware and software used by the Client.
13.2.5. For loss of profit and/or income, indirect losses, loss of profit of the Client while using or not using (fully or partially) the services of the Provider.
13.2.6. For the technical condition of the network to which the Client is connected.
13.2.7. For the content of the information posted on the Client's website.
13.2.8. For the integrity and reliability of the Client's data on the Provider's server.
13.2.9. For problems relating to the use of unlicensed software and hardware by the Client.
13.2.10. For unqualified acts of the Client or its representatives concerning the use of the service.
13.2.11. For the operability of the software provided to the Client if the Client, intentionally or unintentionally, has disturbed its operability, deleted or changed the system and service files.
13.2.12. For the operability and usability of software and hardware developed by a third party.
13.2.13. For compliance of the results of the services provided with the Client's expectations.
13.2.14. For any complaints of the Client relating to the Client's insufficient, in the opinion of the Client, awareness of the nature, nature, components and possible consequences of the provision of the services.
13.2.15. For the safety of the Client's data placed on the Provider's servers. Although the Provider makes every possible effort to preserve the Client's data by maintaining data backups (if it is stipulated in the Tariff Plan), the Client is obliged to take care of the security of its data on its own.
13.2.16. For damages of any kind incurred by the Client due to the loss and/or disclosure of his credentials (login, password, email, access key) for accessing the resources and systems of the Provider.
13.3. The Client shall be liable:
13.3.1 For violations of applicable law committed by the Client or a third party through the use of services provided to the Client by the Provider.
13.3.2 For failure to comply with the terms of this Agreement.
13.3.3. For failure to comply with the terms and procedure for payment.
13.3.4. For keeping confidential the service access parameters (login, password, e-mail, access keys) and for any losses that may be incurred as a result of unauthorised use of the service access parameters.
14. Transfer of rights and obligations
14.1. Each of the Parties may transfer its rights and obligations under this Agreement, in whole or in part, to its successors, branches, subsidiaries or other persons, of which the other Party shall be notified in writing at least fourteen (14) calendar days in advance.
15. Resolving disputes
15.1. All disputes and disagreements arising from the performance of this Agreement shall be settled by the Parties by negotiation.
15.2. If the Parties cannot agree, the dispute shall be submitted to a court of law in accordance with the applicable legislation of Ukraine.
16. Force majeure
16.1. Neither of the Parties shall be liable for failure to perform or improper performance of the terms and conditions of this Agreement if it is caused by force majeure, of which the Parties could not have known in advance or could not have foreseen. Such circumstances include: fire, flood, earthquake, tsunami, tornado, hurricane, typhoon, landslide, mudflow, snow avalanche, volcanic eruption and other natural disasters, war, revolution, coup d'etat, strikes, acts of sabotage and terrorism, robbery, power and communication system failure, changes in legislation, actions of state authorities and their officials, if these circumstances directly affect the performance of this Agreement.
16.2. A Party who becomes aware of the occurrence or approach of such circumstances shall notify the other Party without delay.
16.3. The performance of this Agreement, in whole or in part, shall be suspended for the duration of such circumstances. If the force majeure continues for more than three months, the Agreement shall be deemed to be terminated.