The following information is an official offer (public offer) of the owner of the FOP service Serhiy Mykolayovych Reznichenko (hereinafter - the "Executor") to any natural or legal person (hereinafter - the "Customer") to enter into a contract for subscriber service and contains all essential conditions for the provision of services.
This offer is a public contract of accession and, in accordance with the current legislation of Ukraine, has the appropriate legal force. The terms of the offer are the same for all consumers and cannot be changed by the other party to the contract.
According to Art. 633 of the Civil Code of Ukraine, this offer is a public offer, full and unconditional acceptance of which is considered the Customer's registration in the accounting system on the Contractor's web server.
Terms and definitions
Server — hardware and software computing system that performs service functions at the request of the client, giving him access to certain resources.
Hosting — the service of providing disk space and physical placement of data on a server located on the Internet.
VPS — a service in which the user is provided with a so-called Virtual Private Server (Virtual Private Server), which is a copy of the guest operating system (hereinafter referred to as the OS), isolated at the kernel level of the main OS. You can run many virtual servers on one physical server. Apart from some obvious limitations, each virtual server provides full and independent control and management of the guest operating system and service services similar to a regular server and is mainly used for hosting resource-intensive sites, services that require fine-tuning of the operating system, mail services, etc.
Virtual hosting — a service in which the client is given access to server resources for hosting websites.
Dedicated server — a service in which a separate physical machine is completely provided to the client.
Reseller hosting — a service in which the Customer is given access to the resale of our resources for the organization of virtual hosting.
Reseller — a natural or legal person who purchased a reseller hosting service.
Reseller client — a person who uses the services of the Contractor, sold to him on behalf of the reseller.
VIP hosting — a service in which the client is given access to more server resources for hosting websites compared to virtual hosting.
Web system — an electronic resource placed by the Customer on the disk space of the Contractor's equipment on the basis of this Agreement.
Traffic — the total volume of data (files, mail, etc.) that passes through the server during a certain period of time.
CPU (processor) — the power of the processor, which is guaranteed by the Contractor during the provision of hosting services to the Customer in accordance with the selected tariff plan.
Tariff plan (tariff) — a set of the Contractor's price offers, which provides for the possibility of ordering the Contractor's services in such an aggregate amount and is available for review by any network user
Internet. The Contractor's website always contains the latest version of the entire list of the Contractor's tariff plans.
RAM — the RAM of the server, the volume of which is provided in accordance with the tariff plan chosen by the Customer.
Proxy server — a server and/or software acting as an intermediary between client computers and/or servers.
Full administration — provision of technical support services on an ongoing basis. Technical support services include: software updates (hereinafter - software) once a week; urgent update of software and system kernel in case of detection of a critical vulnerability; installation of additional software on demand; help in setting up system services; round-the-clock monitoring of the virtual server and its services.
Control panel — a virtual server control panel that allows you to use the web interface to reboot the VPS, change the password and hostname of the VPS, reinstall the OS, monitor the use of disk space, memory and traffic, use the emergency console.
cPanel control panel — a virtual hosting control panel, which allows you to configure hosting using a web interface.
Domain — part of the hierarchical address space of the Internet, which has a unique name, is served by a group of domain name servers and is administered centrally. A domain is identified by a domain name.
Premium domain names — domain names, the cost of registration and renewal of which differs from the declared regular cost of other names in the same domain zones.
Domain zone registration rules — conditions for providing domain administration and technical support services.
Register — a central database of domains, which contains information about registered domain names, domain administrators, and other information necessary for domain registration.
Domain registration — entering information about the domain and its administrator into the domain name register.
Domain delegation — entering into the zone information about the domain and the DNS servers specified by the administrator, containing IP addresses and other information that ensures the functioning of the domain.
Domain administrator — a legal entity or an individual for whom the domain is registered. The domain administrator determines
procedure for using the domain;
an organization or person providing technical support for the domain.
Domain administration — determination of the order of using the domain, organization of technical support of the domain, organization of payment for services to ensure the functioning of the domain.
Registrant — the person specified as the domain owner during domain name registration.
WHOIS — a service that allows you to get information about the owner of a domain name, its administrator, the registration period, its DNS servers, etc.
Registration period — the time during which domain information is stored in the domain name registry.
DNS server — a set of domain name services that contain configuration files of a registered domain.
SSL certificate — individual digital signature of the domain name.
SSL certificate registration — digital signature of the certificate by a trusted Certification Center and entering information about the certificate into registration databases.
Certification Center — an organization or a division of an organization that provides individual digital signatures of a domain name.
Login — a set of letters and numbers unique to the Contractor's server, which, in combination with the password, serves as the Customer's identifier on the Contractor's server.
Password — a set of letters and numbers, which, together with the login, allows the Customer to enter the Contractor's system.
Order — an electronic message sent by the Customer to the Contractor from the Contractor's website, which contains the order number and a list of services that the Customer wishes to receive.
Order management system — the section of the Contractor's website, the login and password for which is provided to the Customer after the order is formed or registration is made. The order management system stores the Customer's data, the list of invoices paid by the Customer, and active services. The customer is solely responsible for keeping the login and password to the order management system confidential. Any actions in the order management system performed using the Customer's login and password are definitely recognized by the Parties as having been performed personally by the Customer.
Request system — the section of the Contractor's website, the login and password for which are provided to the Customer after filling in the registration data. The request system stores the list, date and content of electronic messages sent by the Contractor to the Customer. The customer is solely responsible for keeping the login and password to the request system confidential. Any actions in the request system, carried out using the Customer's login and password, are definitely recognized by the Parties as having been performed personally by the Customer.
Correct data — reliable, verifiable information necessary to identify the Customer and provided by the Customer during registration on the Contractor's website, as well as that provided when ordering the relevant service.
DoS/DDoS attacks — blocking the operation of services and services provided by the Contractor for the use of VPS, virtual hosting, VIP hosting, reseller hosting, dedicated server, access to them from the Internet by sending a large number of TCP and/or UDP packets to the IP address VPS, virtual hosting, VIP hosting, reseller hosting, dedicated server or by sending a large number of requests to VPS, virtual hosting, VIP hosting, reseller hosting, dedicated server services.
Website of the Performer — a website located on the Internet at the link https://bytes.ua/. This website is accessible to all users of the World Wide Web 24 hours a day, 7 days a week, but at different levels of access depending on the registration on this website.
carrying out organized mass mailing of information of an advertising, commercial or campaigning nature to other users of the Network without their consent; sending letters that contain rude and offensive statements and suggestions; posting messages of an advertising, commercial or campaign nature at any conference or forum, except when such messages are permitted by the rules of this conference or forum or their posting has been previously agreed with the owners or administrators of this conference or forum;
sending information to addressees who have already expressed their unwillingness to receive such information;
using own or provided information resources (mailboxes, e-mail addresses, www pages, etc.) as contact data when performing any of the above actions, regardless of from which point of the Network such actions were performed.
providing the Customer with a unique name (login), which enables him to place data on the Contractor's server;
providing the Customer with a login and password for entering the order management system;
providing the Customer with disk space and other technical resources on the Contractor's server in accordance with the appendices of this contract;
obtaining by the Customer necessary for the use of hosting, consultations from the technical support service, the contact details of which are indicated on the Contractor's website.
providing access to the system for generating requests for domain name registration and support services;
providing access to the SSL certificate registration system;
provision of space for the Contractor's storage for the purpose of organizing backup.
Planned technical works — a set of technical operations performed by the Contractor in a specified period of time, and which are necessary to maintain the serviceability of the services.
Emergency technical works — a set of technical operations performed by the Contractor on the Contractor's equipment outside the scope of planned technical works to eliminate the reasons for the unavailability of services provided to the Customer. These works may be due to the need to install critical updates, patches, replace broken equipment, etc. or to carry out other urgent work required to maintain the services. In case of emergency technical works, the Contractor undertakes to take all possible measures and to notify the Customer about these works as soon as possible.
1. Subject of the contract
1.1. The Contractor undertakes to provide the Customer with hosting services, to provide access to the system for generating requests for services for registration and maintenance of domain names, registration of SSL certificates, to provide space for the Contractor's storage for the purpose of organizing backup copies (hereinafter - services) in accordance with the Service Provision Procedure . The list of services provided to the Customer in accordance with this Agreement is specified in the order. The list, description and cost of services is published on the official website of the Contractor https://bytes.ua. The contractor provides services, provides technical support (including domain registration), and provides the services provided for in this contract - personally or with the involvement of third parties, including on the terms of the transfer of hosting (part of it) for rent.
1.2. The Customer undertakes to pay for the services chosen by him in accordance with the prices indicated on the Contractor's website within the framework of the tariff chosen by the Customer and in the manner specified by this Agreement.
2. Procedure for providing services
2.1. Having chosen the type of service, the Customer sends an application for services to the Contractor's address, using the appropriate forms and tools on the Contractor's official website https://bytes.ua. On the basis of the received application, the Contractor issues an invoice to the Customer for payment of the selected service in electronic form.
2.2. Services are provided to the Customer on the condition that advance payment is made for one or more billing periods based on the issued invoice.
2.3. The Contractor keeps records of the Customer's services and payments. Settlements according to the Agreement are made in the national currency (hryvnias). Information about prices in United States dollars (USD) is provided to the client for familiarization purposes. The Contractor provides the Customer with access to information about all orders and payments made through the Order Management System.
2.4. If the Customer has claims against the Contractor regarding the services rendered, he shall send them to the Contractor's mailbox or to the Contractor's e-mail address no later than 10 (ten) days after the provision of services. In the event that within 10 days after the provision of services, the Customer has not expressed claims regarding the quality of such services, it is considered that the services provided or the work performed meet the requirements of the contract and are accepted by the consumer in full.
2.5. At the time of forming the order, as well as during the use of the service, the Customer undertakes to provide correct data, in particular, a valid (not temporary) e-mail address. If verification of the identity of the Customer is required, the Customer undertakes to provide all information (documents) necessary for the Contractor to carry out such verification.
2.6. A request to the technical department can be sent through the Ticket system located in the client panel, as well as to the email address [email protected]. The amount of payment for additional services is calculated according to the time spent on solving the task and is non-refundable. The contractor reserves the right to refuse technical assistance without giving reasons.
2.7. When the Customer applies to the Contractor for technical support, the Contractor undertakes to carry out the operations requested by the Customer only after informing the latter of his login and password, as well as his personal data (surname, first name, patronymic), while the Contractor has the right to reject a request to perform the requested operations in the following cases:
in case of notification of incomplete or inaccurate information specified in this paragraph;
in case of impossibility of making the requested changes due to technical features of service provision;
if the request concerns the quality, correctness and error-free functioning of software developed by third parties.
2.8. The technical support service does not provide advice on programming, web design, script and program settings, and on other similar issues.
2.9. The Contractor reserves the right, at its discretion, to ask the Customer to provide a photo or a scanned copy of an identity card (passport/international passport/driver's license/other document confirming the Customer's identity), as well as to refuse to provide services without explaining the reasons. This provision applies to orders for services with a test period, as well as paid orders in cases where a preliminary check of the order showed the need to request documents confirming the identity of the Customer.
2.10. Before granting full access to the account, the Customer or his authorized person must go through the procedure of confirming ownership rights or legal disposal of the account. Other actions related to the use of the service are carried out in the same order: management, temporary blocking, deletion, refund, etc. Such actions can be performed by the Contractor only after the successful procedure of confirming the right of ownership of the account by the Customer.
To confirm ownership of the account, the Customer must provide a Support PIN. If the Customer cannot provide a Support PIN, or wants to change the email, or restore access to the account, but does not have access to the current email, he must confirm ownership by passing a check based on at least two of the criteria listed below:
confirm access rights to the email specified in the account;
confirm access rights to the phone specified in the account;
confirm the name and surname specified in the account by providing a scanned copy of the passport;
provide copies of service payment receipts.
Electronic confirmations must be certified with a digital signature.
None of the above grounds can be absolute. The customer agrees to the specified methods of identification.
In cases where the Customer cannot pass the inspection in the specified way, the Contractor makes a decision at his discretion. The Contractor is not responsible for providing or not providing access to the Customer's account.
2.11. The Contractor sends messages regarding the services provided to the Customer to the Customer's e-mail address specified in the Client Panel.
2.12. The Contractor has the right to completely or partially terminate the provision of services (at the discretion of the Contractor) without prior additional warning in the following cases:
in case of non-compliance by the Customer with the terms of the Agreement;
in case of repeated non-compliance by the Customer with the instructions of the Contractor's specialists regarding the use of services;
if the Contractor has sufficient reason to believe that any actions taken by the Customer using the services provided to the Customer under this Agreement cause or may cause damage to the Contractor, other customers or the normal functioning of the Contractor's system;
in case the Customer sent unauthorized mailing (spam) in any form;
in the event of a DoS/DDoS attack on the Customer's VPS server, virtual hosting, reseller hosting or VIP hosting, which affects the serviceability of the Contractor's technical equipment, as well as its network equipment. Resumption of work is possible only at the discretion of the Contractor. Funds are not returned in the event of service termination as a result of a DoS/DDoS attack;
in case the provision of the service to the Customer damages the business reputation of the Contractor;
subject to receiving a request from authorized state bodies, in case of violation of Ukrainian or international legislation;
in case of violation of the Rules of use of services. In case of suspension/termination of the service as a result of the violation, the funds will not be refunded.
2.13. The Contractor's technical support service is not obliged to provide advice on general software, information about which can be obtained from the relevant user manuals of this software, and is not responsible for unprofessional or unqualified actions of the Customer or his representatives.
2.14. In case of excessive requirements of the Customer for hardware or other resources of the Contractor compared to the tariff plan chosen by the Customer, the Customer is offered to switch to another tariff. If the Customer refuses to change the tariff, the Customer's requirements are deemed to have been duly met.
3. The procedure for providing services for using a VPS server, virtual hosting, VIP hosting and reseller hosting
3.1. The Contractor provides the Customer with access to information about the Customer's use of the resources of the ordered VPS server (servers), as well as to the event log and statistics using the SolusVM control panel, the login data for which the Customer receives at the same time as the VPS access data, or using the panel of the client on the Contractor's website.
3.2. If the Customer is provided with the "Full Administration" service for the VPS server(s), access to the SolusVM control panel and root access to the server are not provided.
3.3. The Contractor provides the Customer with access to information about his use of the resources of the ordered virtual hosting (hostings), VIP hosting (hostings), reseller hosting (hostings), as well as to the log of events and statistics using the cPanel control panel or through the client panel on the Contractor's website .
3.4. The Contractor undertakes to notify the Customer of unplanned technical work on the Contractor's equipment, the client panel and the SolusVM control panel no later than 48 hours before such work is carried out. If it is necessary to carry out emergency technical work on the Contractor's equipment, in the SolusVM control panel or in the client's panel, the Contractor undertakes to take all possible measures to carry out these works in the shortest possible time and to notify the Customer about such works as soon as possible.
3.5. The contractor does not provide technical support for questions asked by the reseller's customers.
3.6. When ordering up to 5 CPU cores in the Cloud VPS service, the Customer can choose the amount of RAM in any proportion to the CPU cores. If the Customer orders 5 CPUs or more, the ratio of CPU to RAM cannot be less than 1:4 — that is, when ordering 5 CPUs, there must be at least 20 RAM.
If the Customer wants to add resources without observing these proportions, the Customer must notify the Contractor in advance. The Contractor will discuss with the Customer the possibility of custom setting. The Customer can change this proportion only after agreeing on this issue with the Customer.
4. The procedure for providing services for the use of a dedicated server
4.1. The price for a dedicated server includes installation and reinstallation of the operating system. Any technical assistance related to the update or configuration of software installed by the Customer/at the request of the Customer is provided on a paid basis.
4.2. Initial payment and dedicated server renewal fees include 4 dedicated IP addresses. One IP address is provided to the Customer during order activation, 3 other IP addresses are provided to the Customer upon his written request. If it is necessary to provide 5 or more IP addresses, the Customer undertakes to fill out the Justification Form. The justification form provided by the Contractor must be filled out by the Customer in writing, and if approved by the Contractor's technical specialists, it is the basis for providing 5 or more IP addresses.
4.3. All funds transferred as payment for a dedicated server and additional services are non-refundable.
5. The procedure for providing domain name registration services
5.1. Domain name registration services in the .ua, .com.ua, .kiev.ua, .kyiv.ua, .if.ua, .ivano-frankovsk.ua, .pl.ua, .poltava.ua, uz.ua zones , .uzhgorod.ua, .kr.ua, .kirovograd.ua are provided on the basis and in accordance with the public offer of our partner — FOP Reznichenko S.M.
5.2. The registration of domain names in other zones available for registration is carried out in accordance with the Agreement, as well as in accordance with the procedure for domain name registration established by the Contractor and published on the Contractor's website. The contractor registers the domain name on the basis of the Agreement concluded with the relevant registering organization.
5.3. Domain name registration and maintenance services are provided only after providing correct information. At the request of the Contractor, the Customer undertakes to provide the documents necessary for taking actions to register a domain name (documents confirming identity).
5.4. The customer chooses the domain name independently. This procedure takes place without signing additional documents.
5.5. If necessary, during the process of placing an order for domain name registration, the Customer must provide the Contractor with his contact data in the form of a network identifier (nic-handle). If necessary, the registration of the network identifier is carried out by the Customer independently on the website of the organization conducting the registration, or directly on the official website of the Contractor during the order placement.
5.6. A new domain name is registered if all the necessary conditions, rules and regulations for its registration are met, namely:
at the time of registration, this domain name is free;
norms of international law are not violated;
the application contains complete and reliable information necessary for registration;
the registration rules for this domain zone have been met.
5.6.1. For a legal entity, the supporting documents can be copies certified by the seal of the legal entity and the signature of the authorized body that issued the copy:
extracts from the Unified Register of Legal Entities and Individual Entrepreneurs (for a foreign legal entity, another document on registration or assignment of a number in the Register of Legal Entities in the case of keeping such a register in the country in which the person is registered);
certificate of registration with the tax authority (TIN) (for a foreign legal entity, another document of registration for tax registration in the case of this type of registration in the country in which the person is registered);
a document (minutes of a general meeting of participants, a decision of a participant, or another document) on the appointment to the position of a person who, based on the Charter, has the right to act on behalf of a legal entity without a power of attorney, a power of attorney based on which a representative of the Customer acts;
extracts from the regulations on the branch/representative office on the establishment of a separate subdivision (for separate subdivisions of legal entities — in addition to the above-mentioned documents).
5.6.2. For a natural person, the documents for confirmation are:
a document that certifies the person in accordance with the current legislation of Ukraine (a copy of the document - in accordance with the decision of the Executor);
the original power of attorney in case of concluding the Agreement on the basis of power of attorney.
5.7. The Contractor fulfills the following written requests of the Customer when submitting for verification the information specified at the time of domain registration:
change of information necessary to identify the domain administrator;
transfer of domain support to another registrar;
transfer of domain administration rights to another administrator.
5.8. The domain is considered registered, and the domain registration service is provided, from the moment this domain is assigned the status of registered in the Register ("REGISTERED" or "OK" or other status according to the rules of the Register).
5.9. According to the contract, the Customer has the right to register any number of domains in his name.
5.10. The customer confirms that at the time of each application for domain registration according to his information, neither the registration of the domain name nor the procedure for its use violates the intellectual property rights of third parties. The customer confirms his agreement that for premium domain names, the cost of registration and renewal may differ from the declared regular cost. The contractor is not responsible for the price of premium domain names indicated on the order form and reserves the right to specify the final price after coordination with the registrar.
5.11. The Contractor's responsibility for each specific domain name ends at the moment of expiration of the domain name registration period.
5.12. The Customer retains the priority right to renew the domain name after the expiration of its registration within the period determined by the domain registrar.
5.13. The domain registration renewal service is considered to have been provided at the time of entering the registration renewal information into the Register. Domain registration is extended for a period equal to the previously established domain registration period.
5.14. The cost of renewing a domain name after its registration expires may differ from the cost of renewing a domain name before its registration expires.
5.15. Regardless of which zone the domain name is registered in, 117 days after the registration end date, the domain can be removed from the registry or transferred to a new registrant.
5.16. In all registered domain names, the technical contact is established by the Contractor or the person responsible for the technical serviceability of the domain.
5.17. Subject to receipt of official requests from government authorities authorized to receive registration data of a specific domain name, the Contractor has the right to provide up-to-date data about the domain and the domain registrant (administrator and other contact persons), even if the registrant's data is hidden in the public Whois registry.
5.18. In the case of canceling the registration of a domain name at the request of the Customer or for another reason that is not dependent on the Contractor, before the end of its validity period, as well as in the case of transferring the domain name to another person or for service by another Registrar, in particular according to a court decision, the Contractor cannot refund the money for the services of registration/renewal of registration of this domain name, and the responsibility of the Contractor for each such domain name is terminated.
5.19. Personal data specified during domain registration may be available on the Internet using the whois service. This clause is governed by ICANN (Domain Name and IP Address Management Corporation) policy http://www.icann.org/dndr/udrp/policy.htm.
5.20. When registering, transferring domains, and in the event of a change to any domain contact information, a notification (control email) will be sent to the domain owner regarding the changes, which must be confirmed for them to be applied. Such notifications will be sent to the email address of the domain owner by the registrar. If the domain email address is changed, notifications will be sent to the old and new addresses for verification. If the email is not confirmed within 14 days, the domain will be blocked by the registrar. If the contact details of the domain are changed, it may be blocked for 60 days for the purpose of transfer to another registrar according to the ICANN policy https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en. The issue of domain unlocking for the purpose of transfer should be clarified in the HOSTiQ.ua support service.
6. The procedure for providing SSL certificate registration services
6.1. Within one business day after receipt of payment for the SSL certificate (certificates) registration services, the Contractor provides the Customer with a link, by clicking on which, the Customer specifies the information necessary to register the SSL certificate (certificates).
6.2. To carry out the configuration, the Customer must specify the following data:
the type of server on which the Customer's website is hosted;
CSR (certificate request);
administrative contact details for this certificate;
e-mail address to which the confirmation letter will be sent.
6.3. After completing the configuration process, the Contractor undertakes to transfer the information to the Certification Center within 3 days.
6.4. The procedure and procedures for checking the Customer's data provided by him to obtain an SSL certificate are established and carried out by the Certification Center. The Contractor is not responsible for the timing and result of the verification of the Customer's documents, information and powers by the Certification Center.
6.5. During the verification of the Customer's information and credentials, the Certification Center has the right to request additional documents and information from the Customer.
6.6. The Contractor does not guarantee the provision of services to the Customer in case the Certification Center refuses to issue, renew or reissue an SSL certificate for the Customer. If the service is not provided to the Customer due to the refusal of the Certification Center to issue, renew or reissue an SSL certificate for the Customer, such service is not subject to payment by the Customer. At the same time, the funds transferred by the Customer to pay for the service may be returned to the Customer or used to pay for other services. If the Certification Center refuses to issue an SSL certificate after its actual issuance, the funds transferred by the Customer to pay for the service cannot be returned to the Customer or used to pay for other services if 30 (thirty) days have passed from the moment of issue or from the moment of renewal SSL certificate or 90 days have passed from the moment the Contractor actually received payment for the service of providing access to the SSL certificate issuing system in accordance with this Agreement.
6.7. The Contractor is not responsible for the content of the information that the Customer places on the web site for which SSL certificates (certificates) are registered using the Contractor's services.
6.8. The Contractor is obliged to provide the Customer with the necessary consulting support regarding issues related to SSL certificates (certificate) during the entire period of validity of the certificate. Installing an SSL certificate (certificates) on the Customer's website is an additional service and is paid for separately by the Customer. Free installation of SSL certificate(s) on the Customer's site is carried out only if this Customer is provided with virtual server or virtual hosting services.
6.9. The customer independently provides the technical conditions necessary for the correct installation and operation of SSL certificates (certificate):
creates a CSR certificate signature request for SSL certificate registration;
specifies the data of the administrative contact for the SSL certificate, as well as the e-mail address to which a letter from the Certification Authority will be sent to confirm the request for the issuance of the SSL certificate;
provides a dedicated IP address for each SSL certificate;
installs and stores SSL certificates (certificate) on the server.
6.10. If it is objectively impossible to register SSL-certificates, the Contractor shall return to the Customer 100 % of funds transferred by the Customer for the purpose of payment for services under this contract.
6.11. Extension of the validity period of the SSL certificate — issuance by the Certification Center of a new SSL certificate, in which the Customer's data remain unchanged and the new validity period of the certificate is indicated.
6.12. Continuation of SSL certificates is carried out only for those certificates, the validity of which has not been terminated.
6.13. The Contractor issues an invoice to the Customer for the extension of the validity of the SSL certificate no later than 10 (ten) days before the expiration of the certificate.
6.14. After making the payment, the Customer performs the actions specified in p. 6.1., 6.2., 6.9.
7. The procedure for providing services for providing space in the Contractor's storage for the organization of backup ("Backup")
7.1. At the Customer's request, the Contractor provides data for access to the storage, as well as a place in the Contractor's storage for backing up the Customer's information
7.2. The customer installs and configures the backup software himself.
7.3. The customer is responsible for the availability and relevance of copies of data and files.
7.4. The customer independently monitors the availability of free space within the limits of the selected service package of the Contractor. In case of lack of space and at the Customer's request, the Contractor may increase the limits by transferring the Customer to a new tariff package without losing existing data and without changing the Customer's access parameters to the storage.
8. Cost of services and payment procedure
8.1. The Contractor has the right to unilaterally change the prices for VPS server, virtual hosting, VIP hosting, dedicated server and reseller hosting services provided to the Customer, as well as for other services provided by the Contractor, if changes in the exchange rate of the US dollar in relation to other currencies exceed 5 %. Changes in the exchange rate of the US dollar are determined in accordance with changes in the exchange rate on the interbank foreign exchange market of Ukraine. The cost of the tariff for VPS server, virtual hosting, VIP hosting, dedicated server and reseller hosting in US dollars remains unchanged from the moment of ordering the tariff.
The Contractor has the right to unilaterally change the prices for services provided to the Customer for domain registration, SSL certificates, hosting panel licenses, as well as for other additional services in the event of a price change by third parties who are the right holders of the objects necessary for the provision of these services.
If the Customer has unpaid invoices at the time of the price change, these invoices will also be amended accordingly.
8.2. Payment for services is made by the Customer in the form of prepayment to the Contractor according to the issued invoice.
8.3. The payment is a fixed payment and is made by the Customer regardless of the fact of using the services.
8.4. The Customer pays the invoice received by transferring funds to the Contractor's current account. To pay the bill, the Customer may use the funds credited to the Customer's balance in the Contractor's system as a reward for participating in the Contractor's promotions, only if the Customer previously paid bills for an amount equivalent to more than $15. In the case of full or partial non-payment of the invoice within the period specified in the invoice, the Contractor has the right to suspend the provision of services until the moment of receipt of full payment for the services.
8.5. The customer is solely responsible for the correctness and timeliness of the payments made by him. If, for any reason, it is not possible to pay the invoice within the term specified in the contract, the Customer undertakes to notify the Contractor of this in writing. Postponement of payment is granted at the discretion of the Contractor.
8.6. The Contractor shall send the Customer an invoice by e-mail for the extension of the term of service provision at least 10 (ten) calendar days before the end of the current billing period paid by the Customer.
8.7. Payment is made for the period selected by the Customer during the order procedure on the Contractor's website. The service can be paid for a period no less than the minimum period possible for the provision of this particular service. The maximum period of service provision cannot conflict with the Rules for using services. The payment period can be changed at the written request of the Customer.
8.8. When the Customer issues payment documents in the "Purpose of payment" section, reference to the invoice number is mandatory. If there is no reference to the invoice, the Contractor does not guarantee the crediting of the received amounts as payment for the Customer's services.
8.9. The Customer pays bank charges for paying the Contractor's invoices. In the case of payment by a card whose currency is different from the currency of the selected payment method, the total amount of the transaction may turn out to be greater than the indicated cost of the service due to additional conversion by the issuing bank.
8.10. In the event of a change in the Contractor's bank details, from the moment the new details are notified by e-mail and published on the Contractor's website (https://bytes.ua/), the Customer is solely responsible for payments made using the old details.
8.11. The invoice is considered paid from the moment of receipt of funds on the current account of the Contractor. During invoicing for payment of a new or extension of an existing service and if there are funds on the internal balance in the Customer's system, funds from the internal balance are automatically credited to the account until it is fully paid, provided they are sufficient.
8.12. Refunds for VPS, Virtual Hosting, VIP Hosting, Reseller Hosting, and Backup Services are non-refundable after the first 30 days have passed. Exceptions are the cases specified in section 10 of this Agreement. Funds for the use of additional services, with the exception of the SSL certificate, are non-refundable. The Contractor is released from the obligation to return the full or partial cost of the Services to the Customer, if a written request for early termination of the Agreement is received after 30 (thirty) days from the moment of issuance or extension of the SSL certificate, which means the issuance of a new SSL certificate, or after the completion of 90 days from the moment the Contractor actually receives payment for the service of providing access to the system for issuing SSL certificates in accordance with this Agreement. Additional services include: additional IP addresses, additional traffic, additional disk space, additional RAM, control panels, full administration, domain name registration/renewal, WHMCS billing system.
8.13. Payments for service extensions are non-refundable. In the case of using services with a trial period, all subsequent payments are considered a continuation of services.
8.14. If, within 30 days from the moment of the initial payment, the Customer receives a request to remove the hosting service from which the Customer was provided with a free domain name/names, then the Customer will be charged a one-time fee in the amount of the cost of registering the corresponding domain name for each domain name , provided free of charge. The cost of registering the corresponding domain name is determined in accordance with the tariffs indicated on the official website of the Contractor (https://bytes.ua/).
8.15 In the event of a successful payment using a bank card, we store its identifier in the system, which will be used for automatic payments when paying for the continuation of any service. The user can block automatic payment at any time by contacting the support service.
8.16. When paying for an order by bank card, payment processing (including entering the card number) takes place on a secure page of the processing system that has passed international certification. This means that the Customer's confidential data (card details, its registration data, etc.) are not transferred to the Contractor. Their processing is fully protected and no one, including administrators and the support service, can obtain the Customer's payment and bank details.
When working with card data, the information protection standard developed by the international payment systems Visa and MasterCard — Payment Card Industry Data Security Standard (PCI DSS) — is used, which ensures safe processing of the details of the Customer's bank card. The applied data transmission technology guarantees the security of transactions with bank cards through the use of Secure Sockets Layer (SSL), Verified by Visa, Secure Code, and closed banking networks with a higher degree of protection.
9. Rights and obligations of the parties
9.1. The performer undertakes:
9.1.1. Provide basic and additional services in accordance with the terms of the tariff plan chosen by the Customer.
9.1.2. At the Customer's request, provide technical consultations to the extent necessary for the correct interaction of the Parties during the fulfillment of the terms of this Agreement.
9.1.3. In the event of non-fulfillment or improper provision of services under this Agreement and receiving a written request from the Customer for early termination of the Agreement no later than thirty days from the moment of payment for services under this Agreement, return to the Customer the cost of the paid service in full, with the exception of payment for additional services, services of third parties or licenses, funds credited to the Customer's balance in the Contractor's system as a reward for participating in the Contractor's promotions, as well as affiliate commissions credited to the Customer's balance in the Contractor's system. The cost of the paid service will be refunded within 10 working days from the moment of receipt of the written request. If a written request for early termination of the Agreement is received after thirty calendar days from the moment of payment for the services under this Agreement, the Contractor is released from the obligation to return the full or partial cost of the services to the Customer. Exceptions are the cases specified in section 10 of this Agreement.
9.1.4. In case of violation of the terms of this Agreement, notify the Customer by e-mail about the discovery of the violation.
9.1.5. Notify the Customer if the Contractor discovers the fact of an attempt by third parties to interfere with the functioning of the Customer's website, if special actions by the Contractor are necessary to eliminate the consequences or prevent these cases.
9.1.6. Notify the Customer about termination of services.
9.1.7. Not to disclose or use information about the Customer's activities, which became known to the Contractor during the performance of the terms of this Agreement, for the implementation of any purposes other than the performance of the terms of this Agreement, except for cases provided for by law.
9.2. The customer undertakes:
9.2.1. Provide complete and accurate information. The contractor is not responsible for the consequences arising from incorrect data entered. If verification of the identity of the Customer is required, the Customer undertakes to provide all information (documents) necessary for the Contractor to carry out such verification.
9.2.2. Fulfill the terms of this Agreement.
9.2.3. Make timely payment for services in accordance with this Agreement.
9.2.4. Not to perform any actions that intentionally or unintentionally disrupt the functioning of the software and/or systems of the Contractor.
9.2.5. Not to use the services provided by the Contractor to conduct activities that are contrary to national and international legislation. Services provided by the Contractor may not be used for advertising, sale or other distribution of goods and services, the turnover of which is prohibited or restricted by law directly or in the form of exceptions. If the turnover of goods and services requires the presence of a license and / or other permission, then the Customer is obliged to obtain it and only after that to carry out such activities. The Customer undertakes to provide copies of permit documents at any time upon the Contractor's request. If the Customer does not provide these documents, the Contractor may suspend or terminate the provision of services. The Contractor is not responsible for the Customer's activities without permits and is not obliged to monitor the availability of the Customer's permits.
9.2.6. Submit a request to remove the service before invoicing for the next billing period to prevent automatic withdrawal of subscription funds in payment systems.
9.3. The parties undertake:
9.3.1. Without mutual consent, do not transfer to third parties organizational, technological and commercial information that constitutes a secret for any of the Parties (hereinafter - "confidential information"), provided that:
this information has real or potential commercial value because it is not known to third parties;
there is no free access to this information on legal grounds;
the owner of this information takes appropriate measures to ensure its confidentiality;
confidential information shall be preserved during the entire term of the Agreement, as well as until the end of a period of 5 (five) years from the moment of termination of this Agreement.
9.4. The customer has the right to:
9.4.1. Use the purchased services at your own discretion within the framework defined by the law, this Agreement and the Rules for the use of services.
9.4.2. To receive technical consultations to the extent necessary for the correct interaction of the Parties during the implementation of the terms of this Agreement.
9.4.3. Contact the representative of the Contractor with proposals for improving the quality of the services provided and optimizing the process of their use by the Customer.
9.4.4. To claim compensation for damages incurred as a result of the Executor's improper performance of obligations under this Agreement.
10. Procedure for changing and terminating the contract
10.1. The contractor has the right to unilaterally change this contract by making changes to the text of the public offer posted on his website (electronic page). The customer is obliged to independently, at least once a month, check the validity of the current contract by reading it on the website. The Contractor tries to warn the Customer in advance about the changes made in any way acceptable to the parties.
10.2. If the Customer does not agree with the changes in the Agreement, he has the right to terminate the Agreement unilaterally. To terminate the Agreement, the Customer must send a request to the Contractor's e-mail address. In the appeal, the Customer must indicate which changes in the Agreement he does not agree with. The contract is considered terminated 5 working days after receiving the request from the Customer, if during this period the Customer has not notified the Contractor that he will not terminate the contract.
10.3. If the Customer terminates the Agreement due to disagreement with changes in it, the Contractor is obliged to reimburse the cost of the services paid by the customer for using the VPS server, virtual hosting, VIP hosting, reseller hosting and the "Backup" service. The refund is made partially for the time during which the service was paid by the Customer, but will not be used due to the termination of the contract. The return takes place within 10 working days from the moment when the contract is considered terminated.
10.4. The parties to the contract have the right to terminate it unilaterally. For this, the Party initiating the termination shall send a written request (in particular, by e-mail to the address specified during the Customer's registration in the accounting system on the Contractor's web server) to the other Party at least 30 days before the date of termination.
10.5. If the Contractor terminates the contract unilaterally, he is obliged to reimburse the cost of the services paid by the Customer for the use of the VPS server, virtual hosting, VIP hosting, reseller hosting and the "Backup" service. The refund is made partially for the time during which the service was paid by the Customer, but will not be used due to the termination of the contract. The return takes place within 10 working days from the moment when the contract is considered terminated. The contractor does not return the cost of services in the cases provided for in clause 2.12. Agreement.
10.6. If the Customer terminates the Agreement unilaterally, the cost of the services paid by the Customer shall not be reimbursed, except for the cases provided for in clauses 9.1.3 and 10.2. In this case, the procedure for refusal and refund is governed by the provisions of these clauses.
11. Third Party Software
11.1. The Contractor provides the Customer with the opportunity to use software belonging to third parties. The Contractor does not guarantee the achievement of any specific results that may be obtained from the use of this software. The contractor is not responsible for any failures in the functioning of this software.
11.2. Using the services of the Contractor, the Customer has the right to add and use additional software only in those cases, if it is compatible with the services provided and agreed by the Contractor. The customer uses third-party software at his own risk.
12. Liability of the parties
12.1. The Contractor is responsible for interruptions in the provision of services in accordance with the Order, except for cases in which the interruptions were caused by the actions of the Customer or the actions of third parties.
12.2. The limit of the Contractor's liability for actual damage is limited to a monetary amount equal to the cost of the Contractor's services, which must be provided to the Customer in the month in which the actual damage occurred. The Contractor shall not be liable to the Customer for indirect damages (lost profits).
12.3. The executor is not responsible for:
12.3.1. For interruptions in the provision of services, if they were caused by the actions of the Customer and/or a third party.
12.3.2. For any damage caused to the Customer as a result of the use of services provided by the Contractor, in cases where the Customer was informed of the possibility of these losses or these losses are a consequence of the Customer's actions.
12.3.3. For the content and authenticity of any information that is transmitted or received through the provision of services.
12.3.4. For the serviceability of equipment and software owned by the Customer and used by the Customer.
12.3.5. For loss of profit and/or income, as well as for indirect losses of the Customer during the period of use or non-use (full or partial) of the Contractor's services.
12.3.6. For the technical condition of the network to which the Customer is connected.
12.3.7. For the content of the information posted on the Customer's website.
12.3.8. For the integrity, reliability and availability of the Customer's sites and data on the Contractor's server.
12.3.9. For problems related to the Customer's use of unlicensed software and technical support.
12.3.10. For unqualified actions of the Customer or his representatives related to the use of the service.
12.3.11. For the serviceability of the software provided to the Customer in cases where the Customer, intentionally or unintentionally, violated their functionality, deleted or made changes to system or service files.
12.3.12. For serviceability and suitability for use of software and hardware developed by a third party.
12.3.13. For compliance of the results of the provided services with the Customer's expectations.
12.3.14. For any claims of the Customer related to insufficient, in the Customer's opinion, awareness of the nature, nature, components and possible consequences of the provision of services.
12.3.15. For saving data placed on the Customer's VPS server, virtual hosting, reseller hosting, dedicated server, VIP hosting, and their backup. The Contractor maintains weekly backup copies of the VPS data located in the Ukrainian and Dutch data centers, exclusively for technical purposes and may provide the Customer with a backup copy of the data upon request (if available). At the same time, the Contractor is not responsible for the integrity and relevance of the data backup. The customer undertakes to independently store a backup copy of the data he needs.
12.3.16. In case of termination (suspension) of the provision of services under this Agreement, the storage period of the Customer's server data is 10 (ten) calendar days from the moment of termination (suspension) of the provision of services. After the specified retention period, the backup copies are deleted.
12.3.17. If the Customer receives a request to delete the service provided as part of the hosting service within 30 days from the moment of the initial payment, from which the Customer was provided with a free backup copy of the data, then the Customer will be charged a one-time fee of 15 (fifteen) US dollars ( USD) or the equivalent amount in hryvnias according to the current rate indicated on the official website of the Contractor. If the cost of the Contractor's services provided to the Customer is less than 15 (fifteen) US dollars (USD) or the equivalent amount in hryvnias according to the current exchange rate indicated on the Contractor's official website, the one-time payment is equal to the cost of the services.
12.3.18. For damages of any kind incurred by the Customer due to the loss and/or disclosure of his login and password.
12.4. The customer is responsible for:
12.4.1. For violations of current legislation, committed by the Customer or a third party through the use of services provided to the Customer by the Contractor.
12.4.2. For non-compliance with the terms of this Agreement.
12.4.3. For non-compliance with the terms and procedure for payment of services.
12.4.4. For keeping the parameters of access to the service confidential (login and password) and for damages that may be caused as a result of unauthorized use of parameters of access to the service.
12.4.5. For keeping a backup copy of data placed on the VPS server, virtual hosting, dedicated server, reseller hosting, VIP hosting ordered by him.
13. Transfer of rights and obligations
13.1. 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, which the other Party must be notified in writing at least 14 (fourteen) calendar days before the transfer. .
14. Resolution of disputes
14.1. All disputes and disagreements that have arisen as a result of the fulfillment of the terms of this Agreement shall be resolved by the Parties through negotiations.
14.2. If the Parties cannot reach an agreement, the disputed situation is referred to the court in accordance with the established sub-department and jurisdiction in the manner determined by the current legislation of Ukraine.
15. Force majeure
15.1. None of the Parties shall be liable for non-fulfillment or improper fulfillment of the terms of this Agreement due to force majeure, which the Parties could not have known in advance or could not have foreseen. Such circumstances include: fire, flood, earthquake, tsunami, tornado, hurricane, typhoon, landslides, mudflows, snow avalanches, volcanic eruptions and other natural disasters, wars, revolutions, coups d'état, strikes, acts of sabotage and terrorism, robbery, accidents in the energy supply and communication system, changes in legislation, actions of state bodies and their officials, if these circumstances directly affect the fulfillment of the terms of this Agreement, and their occurrence is certified by the Chamber of Commerce and Industry of Ukraine.
15.2. The Party that became aware of the occurrence or approach of such circumstances must immediately notify the other Party.
15.3. The fulfillment of the terms of this Agreement, in full or in part, is suspended for the period of validity of such circumstances. If force majeure continues for more than three months, the contract is considered terminated.
16. Address and bank details of the Contractor
A natural person is an entrepreneur Serhiy Mykolayovych Reznichenko
R/y UA633052990000026005046110178 in PJSC CB "Privatbank", MFI 305299
Identification number 3042807090
Not a VAT payer
Legal address: Ukraine, 21000, Vinnytsia, 82 Soborna street, office 4
+380 (97) 140 45 45 (Kyivstar),
E-mail: [email protected]