This document is an official proposal  (offering) for any legal entity and individual.  Agreement shall come into effect upon youre made your payment of domain name registration services.

 

PUBLIC OFFERING AGREEMENT FOR HOSTING AND  DOMAIN REGISTRATION SERVICES

Limited Liability Company "ij ", hereinafter referred to as "Contractor", represented by Managing Director Balyuk O. A., on the one hand, and any legal entity or individual, on the other hand, hereinafter referred to as "Customer", have reached this Agreement as follows:

 

1.      GENERAL CONDITIONS

1.1.  Services providing to customer are:

1.1.1. Unique name (login) and password, enabling custome to place information on the Contractors servers;

1.1.2. Domain registration and support for primary and secondary DNS name server of using domain;

1.1.3. Customer's ability to organize e-mail names, according to the tariff plan, with the volume of stored information being less than quota prescribed by the customer's tariff plan;

1.1.4. Access to usage statistics, if it is activated;

1.1.5. Obtaining consultations by email, necessary for Customer's connection to the services and for software configuration.

1.2. The Services itself does not include the providing of the ability to receive and transmit of Customer's electronic messages in the Contractor's office, setup or diagnostics of PC, modem and software neither in the Contractor's office nor in the Customer's office, as well as training for working on the Internet.

1.3. The Contractor shall provide domain name registration under the Agreement, concluded with LLC "Hostmaster" domain administrator, administrators of regional zones of Ukraine and other registering organizations.

1.3.1. Assisting the Customer in the domain name registration, the Contractor shall not be responsible for the timing and possible delays in the registration relating to the technological features of the registering organization. Also, the Contractor shall not be responsible for failure of registering organization to register the domain for any reason, not inconsistent with its internal regulations.

1.3.2. The new domain name is registered only if all necessary conditions, rules and regulations of its registration have been observed, as follows in particular:

- the domain name is free at the time of registration;

- generally accepted moral and ethical standards are not violated;

- the application contains a complete and correct information required for registration;

- the given domain zone rules are observed.

1.3.3. Rights to domain name (s), which is (are) registered, for the duration of registration, are assigned to Customer, if payment made according to Section 3 of the offer.

1.3.4. If the registered domain cannot be assigned for the Customer for some reasons, the Contractor shall have the right to register such a domain by entering his contact information at the same time, the Contractor has no right of ownership of such domain names. In this case, the Customer (registrant) agrees with the risk of inability to prove their ownership of the domain.

1.3.5. The Customer confirms that at the time of signing the contract, according to his information, neither the registration of the domain name, nor its using do not violate intellectual property rights of third parties.

1.3.6. A refund is not made under any circumstances for registered domain (domains) on the current Agreement.

1.3.7. The Customer may delete registered domain (domains) by His own initiative from the registry database, and such domain (s) will become available for registration to any third party.

1.3.8. The Customer agrees to resolve any disputes that arise regarding domain names under paragraph 5 of the offer.

1.3.9. The Customer may place any information within the Services, that is not inconsistent with the parameters specified in paragraph 2,  within the disk space quota, according to the Customer's tariff plan.

 

 

2.      RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. Contractor's Liabilities:

2.1.1. Comply with the terms of this Agreement.

2.1.2. Provide services for customer after payment in accordance with the subscription fee.

2.1.3. Register an account of the Customer, if the domain is free at the time of registration, by sending to him a name (login) and password to access by e-mail.

2.1.4. Maintain the confidentiality of Customer's information, obtained from him during registration, as well as the content of private email messages except in cases stipulated by current Ukrainian legislation.

2.1.5. Provide consultations by e-mail related to the features of e-mail server settings.

2.1.6. Provide timely updating of information concerning domains at the Customer's requests, as well as change the settings for the ordered services in accordance with requests of the Customer (not later than in 48 hours).

2.1.7. If the domain name will be lost by the fault of the Contractor, the Contractor agrees to pay to the Customer five times the cost of registering a domain name in the appropriate zone.

 

2.2. Customers Liabilities:

2.2.1. Comply with the terms of this Agreement.

2.2.2. Provide accurate information necessary for inclusion in the Registrar's database, as well as other information on matters arising in connection with the activities of the Customer, in accordance with the rules of this Agreement.

2.2.3. Timely make payments for the services in accordance with the chosen tariff plan. The customer himself must get familiar with the information about support costs and about fees on the Contractor's site.

2.2.4. Protect the confidentiality of his username and password.

2.2.5. Save the relevant financial documents that confirm payments made.

2.2.6. Use contact email address (the address provided by Contractor) contacting the Contractor's Technical Support and disclose login, name and surname, as well as to use other ways to confirm Customer's rights of ownership (if it's necessary).

2.2.7. Monitor the current state of information about domains and sites registered by the Contractor.

2.2.8. Provide upon request of Contractor during 10 (ten) working days the documents confirming the accuracy of the information and data specified in section 2.2.2. of this Agreement.

2.2.9. The Customer has no right to place on the Contractor's servers the information that contradicts the laws of  Ukraine, moral ethics  and can cause racial and inter-ethnic hostility.

2.2.10. The Customer has no right to send, publish, transmit, reproduce, present, or in any another way use the information for commercial aims, if it violates the intellectual property rights of third parties.

 

2.3. The rights of the Contractor:

2.3.1. Suspend (temporarily or permanently) providing the Services to the Customer without refund, and demand a written explanation from the ustomer, in cases of violation of the liabilities described in paragraph 2.2, as well as in the following cases:

- No receipt of payment for services to the Contractor;

- If the Customer does not observe hosting parameters, using larger disk space, number of host sites, mailboxes, subdomains, and other resources;

- If the Customer does not observe instructions of Contractor's specialists on the use of Services;

- If the Contractor considers that any actions committed by the Customer through the Services provided to the Customer in accordance with this Agreement, cause or may cause damage to the Contractor, to other subscribers, or to the normal functioning of the network;

- If the Customer was accused of using spam e-mail or any of its forms, the Contractor shall have the right to deny the access to data on the Contractor's server without further notice;

- Undertaking by the Customer of actions aimed at limiting or preventing access of other users to services, as well as the implementation of unauthorized access to the resources of the Contractor and to other systems available on the Internet;

- Dissemination or transfer by the Customer any information or software that contains virus software or other software equal to them to an unlimited number of third parties;

- If the Customer publishes and transmits over the Internet any information, defaming the Contractor or make any acts that impede the normal operation of the Contractor;

- Deny or suspend providing of the services at his own discretion;

2.3.2. Suspend the providing of services for implementation the necessary planning preventive and repair works on the technical resources of the Contractor, as well as for unplanned works in emergency situations.

2.3.3. Make changes and amendments to this Agreement and change the prices of services by posting all changes and additions on the site of the Contractor.

2.3.4. If the Customer's needs (for hardware and other resources provided under the ordered service) will increase, Contractor reserves the right to offer the Customer change his tariff plan, and in case of Customer's failure - to terminate the service without money refund.

2.3.5. Refuse in service providing.

2.3.6. Lock and/or delete accounts in cases of violation by the Customer the terms of this Agreement, without money refund.

2.3.7. Remove the account if it is considered abandoned. The reason for this is the lack of attendance of all interactive web applications (the activity of such applications as "Mailing Forms," "Polls", "Statistics" and "Chat" is not taken into consideration), as well as entering to the Control Panel during at least 3 months. Existence of an active paid service ensures that the account will not be considered abandoned.

2.3.8. Terminate this Agreement unilaterally with warning for 2 weeks before termination, the refund for unused period of paid services is made, the Contractor determines refund method, the return period is 1 month. Refund for domain name registration services is not made.

2.3.9. Contractor shall have the right to disclose Customer's anonymous information only in cases stipulated by legislation of Ukraine.

 

2.4. Customer's rights:

2.4.1. Require from the Contractor to provide services in accordance with the terms of this Agreement.

2.4.2. Refuse unilaterally from the Contractor's services. In this case, the Customer shall notify the Contractor for a month before the date of termination of this Agreement and Contractor shall not return any payments or refunds of Customer.

2.4.3. Get the answer (technical consultation, information about services) on an application no later than one day from the date of request. Application is a letter sent from the authorized email of Customer and it contains his username in the subject line and a ticket from the service management system.

 

 

3.      PRICES AND PAYMENTS

3.1. Cost of services under this Agreement is determined in accordance with the tariff plans and terms of payment, published in the Contractor's site (http://www.diawest.net.ua). The subscription fee and prices of services are presented in the national currency of Ukraine. Payment is made by cash payments to the bank account.

3.2. Services are provided after payment, according to the chosen tariff plan, upon receipt of payment on account of the Contractor.  The date of beginning the service providing shall be the date the Contractor receives the amount paid by the Customer.

3.3. The Customer must to inform the Contractor by e-mail the date, payment amount, and for what services payment was made.

3.4.  The Contractor may at any time unilaterally change the prices and  introduce new tariff plans.  The Contractor shall notify Customer about new prices by posting a message about it on the official website of the Contractor or by sending an e-mail to the Customer. New tariff plan shall come into effect from the date of its publication in the official website of the Contractor.

3.5. Customer's login and data content are reserved by the Customer during thirty (30) calendar days from the date of delay of the service prolongation. After this period, the customer data will be automatically removed.

3.6. In the case of the formation of the negative balance on the Customer's account, Customer's login and the contents of his mailbox are stored for the Customer, and the negative balance is considered as a credit provided by the Contractor. Contractor may establish credit conditions unilaterally without consultation with the Customer.

3.7. The services can be transmitted to third parties, including the transmission for service to other companies with 100% payment of services rendered or goods in UAH according to NBU rate or by agreement of the parties.

3.8. In the case of late payment or late notification about payment, the Contractor shall have the right to terminate service.

3.9. The Customer himself is responsible for the accuracy of payments made by him. If the bank details of the Contractor have been changed, from the moment of publication new details on the Contractor's site and e-mail notification, the Customer shall be liable for payments made to outdated requisites.

 

 

4.      RESPONSIBILITIES OF THE PARTIES

4.1. For non fulfillment or improper fulfillment of liabilities under this Agreement, the Parties (Contractor and Customer) shall be liable under the legislation according the conditions set forth in this Agreement.

4.2. Contractor does not guarantee the absolute correctness or continuity of the services and does not guarantee that the proposed software or other materials do not contain errors or software bugs. Contractor shall take all reasonable efforts and measures to prevent this.

4.3. Contractor shall not be liable for any direct or indirect damage caused to the Customer as a result of the use or inability to use the services or as a result of errors, omissions, interruptions, deletion of files, defects, delays in operation or in transmission, or change the functions and other causes. Contractor does not guarantee acceptance of customer mail from the remote network, the operation of which causes the entry of network address in the lists, and Contractor's mailing program does not deliver mail to these lists.

4.4. Customer is responsible for any his actions and inactions (intentional and unintentional), concerned to information distribution in the Internet, and with obtaining the access (using Contractor's resources) to the resources of third persons, if these actions have caused or may cause a violation of laws. Customer is also responsible for any actions and inactions of persons using the data of Customer's account, as well as for any damage (to the Contractor, third parties, moral foundations of society) caused by the above-mentioned actions and inactions. The Contractor shall not be liable for such actions and inactions of Customer or persons using the data of Customer's account, as well as for the consequences of such actions and inaction.

4.5. The Contractor shall not be liable for damages suffered by the Customer and third parties in the case of disclosure, loss by the Customer or theft of the account data.

4.6. The Customer accepts full responsibility and risks related to using the Internet through the services, including the responsibility to evaluate the accuracy, completeness or usefulness of any opinions, ideas and other information, as well as the quality and features of goods and services distributed on the Internet and provided to the Customer through the services.

4.7. The Customer is fully responsible for the security of his password and for any losses that may occur due to unauthorized use. In the case of login and password theft occurred through the fault of third party, Customer may send to the Contractor a request about changing the login and password, with mandatory application to the request of the relevant financial document confirming payment of the services. Contractor shall not be liable for actions of third parties which had entailed the theft, and to compensate time and money spent, the Customer should contact the appropriate investigative and law enforcement agencies.

4.8. Contractor fulfills the Customer's requests, directed only from the contact e-mail of Customer or from the service area (billing account) on the official website of the Contractor. Contact e-mail address is the address provided at registration on  the official website of the Contractor. The Customer may change the contact e-mail in the registration database by logging-in into the service area (billing account) on the official website of the Contractor.

4.9. Disclosure of secrets relating to business activities of the Contractor shall entail termination of the contractual relationship with the Customer.

4.10. Customer is responsible for monitoring the timely re-registration of the domain name.

4.11. Administrator and Registry Operator shall not be liable for consequences of the use or misuse of the domain names by the Customer, including against third parties, as well as violations of the Customer of any rights of third parties.

 

 

5.      ORDER OF CLAIMS AND DISPUTES

5.1. Parties (Contractor and Customer) shall adjust differences or claims that may arise concerning this Agreement or its implementation by negotiation any disputes. To resolve all matters not covered by the Agreement, as well as disputes arising in the course of its implementation, Parties shall be governed by current legislation of Ukraine.

5.2. Customer's complaints to the services provided shall be considered by the Contractor only in writing form and no later than in 3 calendar days after the date the dispute. The consideration term of the customer's claims is no more than 14 (fourteen) working days.

5.3. Consideration of claims against the Contractor related to the provision of the services, is implemented upon presentation of relevant financial documents confirming payment of the services.

5.4.  To resolve the technical issues in determining the guilt of the Customer (guilt as a result of Customer's misconduct in using of the Internet), the Contractor shall have a right to attract competent organizations or persons as experts.

5.5. The Contractor reserves the right to suspend the support of one or another domain name until resolve the dispute.

5.6. Disputes, relating to domain names, are considered according the procedure of the relevant domain registrars.

5.7. If the parties fail to reach agreement on controversial issues through negotiations, these issues are subject to judicial review at the location of the Contractor in accordance with Ukrainian legislation.

 

 

6.      THE EFFECTIVE DATE OF PUBLIC OFFERING. VALIDITY. THE ORDER OF CHANGING AND TERMINATION

6.1. The public offering comes into action on the date of payment for services in accordance with this offering.

6.2. The Agreement shall be concluded for an indefinite period of time, and it is valid for a specified period, if Customer pays for services fully and timely.

6.3. The Contractor may at any time unilaterally refuse to provide services for Customer without any explanation.

6.4. The Contractor may modify the terms of this Agreement unilaterally by notifying the Customer by email. These changes come into force in ten days after its publication on the Contractor's site, if the Customer does not send reasoned objection to the changes in the terms of the Agreement. In this case, changes to the Agreement come into action after the settlement of the disputes by the parties.

6.5. The Customer may at any time unilaterally refuse from the Contractor's services. In this case, the Customer shall notify the Contractor within 30 days prior to the termination date of the public offer. In the case of early termination of this Agreement by the Customer, the balance on the customer's personal account may not be refunded.

 

 

7.  ADDRESS AND BANK ESSENTIALS OF THE CONTRACTOR:

 

LLC

Registered offices: 03039, Kiev, ave. 40 years of October 46/1

Physical Address: 08130, Kyiv region,

Petropavlivs'ka Borshchahivka, Aviatoriv St, 5

Account number: 26001001721001

Bank: JSC "Ukrainian Bank of Development"

in Kiev, st. V'yacheslava Chornovola St, 25

MFI: 380719

NCEO: 36376703

Tax ID: 363767026505

Certificate of VAT registration: 100221448

Managing Director Balyuk Olena Anatoliyivna

Phone: 251-11-11, 422-55-33

 

 
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