Contract Information
Executor – a natural or legal person providing services offered on the website https://cityhost.ua.
Customer – a natural or legal person interested in receiving services presented on the website https://cityhost.ua.
The information provided below is an official offer (offer) to a legal or natural person to conclude a contract for subscription services with the Executor (exceptions defined in paragraph 7.8 of the Public contract for subscription services). To conclude the specified contract, it is not necessary to come to our company's office, negotiate, and fill out papers. To conclude the contract, it is sufficient to familiarize yourself with this information and the text of the contract provided below.
The specified contract is public, that is, according to Article 633 of the Civil Code of Ukraine, its terms are the same for all consumers. If you agree with its terms, you can make the payment for the services. In this case, the contract will be considered concluded, and the Executor will be considered as having undertaken the obligation to provide the services specified in the contract. Citizens can make payments through any branch of a commercial bank.
According to the Civil Code of Ukraine, upon acceptance of the terms set out in this Offer and payment for services, the natural or legal person who accepts this Offer becomes the CUSTOMER (acceptance of the Offer is equivalent to the conclusion of the Contract on the terms set out in the Offer). In the future, if you need, you will be able to obtain a documentarily formalized contract with the signatures and seal of the Executor at a time convenient for you.
Public Contract
for Subscription Services
The Executor, on one side, and the Customer, on the other side, have concluded this contract about the following:
1. SUBJECT OF THE CONTRACT
1.1. According to the terms of this Contract, the Executor undertakes to provide Services in the manner and on the terms specified in this Contract, and the Customer undertakes to accept and pay for the provided services.
1.2. This contract is a public offer and is equivalent to an "oral contract," and according to the current legislation of Ukraine, has the appropriate legal force.
2. GENERAL PROVISIONS
2.1. The Services mean providing the Customer with:
2.1.1. A unique name (hereinafter login) and password that allows managing services on the website https://cityhost.ua/. This information is sent to the contact email address (e-mail) of the Customer after passing the registration and payment procedure. The contact email address is considered to be the address specified by the Customer during the registration procedure;
2.1.2. The ability to place information on the Executor's servers within the quota provided by the tariff plan.
2.1.3. Registration of domain names and support of them on primary and secondary DNS name servers, if such service is ordered on the official website https://cityhost.ua/. Registration of domain names in zones managed by ICANN (in particular, .com, .net, .org, and other gTLD/ccTLD zones) is carried out, among other things, according to the conditions of Appendix 3 to this Contract.
2.1.4. The ability to organize email addresses with the volume of information stored at any given time, within the quota provided by the tariff plan.
2.1.5. The ability to address the hosted resource.
2.1.6. Consultations necessary for using the Services via email or phone.
2.2. The Customer agrees to the storage and processing of personal data to ensure the implementation of relationships in the field of informatization.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. OBLIGATIONS OF THE EXECUTOR
3.1.1. To provide the Customer with Services according to the amount of the subscription fee paid in the manner specified in section 4 of this Contract.
3.1.2. To register the Customer's account and provide them with a name (login) and access password via email.
3.1.3. To maintain the confidentiality of the Customer's information received from them during registration, as well as the content of private email messages, except in cases provided for by current legislation of Ukraine.
3.1.4. To publish official notifications related to servicing Customers and changes in payment tariffs on the website https://cityhost.ua/.
3.1.5. To classify the Customer's personal data obtained by the Executor during registration or in the process of using the services, namely: surname, name, patronymic, phone number, email, address, etc. – as information with limited access, which is protected according to the provisions of current legislation and the conditions of section 8 of this Contract. The use, disclosure, or transfer of such data is carried out exclusively for the purposes and in the manner defined in section 8 of this Contract.
3.2. OBLIGATIONS OF THE CUSTOMER
3.2.1. To possess at least the skills and knowledge necessary for the independent use of the Service.
3.2.2. To provide accurate information during registration and conclusion of the Contract.
3.2.3. Upon first request, to provide the Executor with scanned copies of the completed application and passport (pages 1, 2, and registration). The application in this Contract means a handwritten and signed request to the Executor, the requirement for which is presented in specified cases by the Executor and communicated to the Customer via emails and instructions on the website https://cityhost.ua/. The form of such an application is available for download by the Customer in their personal account on the website https://cityhost.ua/ or it can be written by the Customer in any form.
3.2.4. To timely provide the Executor with information about changes in details, such as contact email address, phone number, as well as postal address (for sending documents – if desired to sign the contract later). Regarding domain services in the zones covered by Appendix 3, the deadline for updating contact details is seven (7) calendar days according to paragraph 2.1 of Appendix 3.
3.2.5. When contacting technical support through the website https://cityhost.ua/, to use the contact email address (the address specified when ordering the service) and to provide their login, name, and surname, as well as, if necessary, to use other means of confirming their access rights.
3.2.6. To ensure the confidentiality of their login and password.
3.2.7. To pay for the Services according to the service tariff plan and comply with the terms of section 4 of this Contract. The Customer undertakes to independently familiarize themselves with the information about the terms of service and tariffs on the website https://cityhost.ua/.
3.2.8. In case of disagreement with changes to the text of this contract, the Customer is obliged to notify the Executor about this within ten days from the moment of receiving the notification about the changes.
3.2.9. To keep bank financial documents (payment orders, receipts, checks) that confirm the payment for the Services.
3.2.10. When ordering a dedicated server with the Windows Trial operating system (trial version), the Customer undertakes, after the trial period (180 days) ends, to purchase a licensed Windows operating system from the Executor or from another company that is an official distributor of the specified software and provide confirmation to the Executor by providing payment and/or other documents confirming the fact of purchasing the license.
3.2.11. When ordering a dedicated/virtual server with the Windows operating system, the Customer is obliged to provide the Executor with the following information:
- For individuals – the registration number of the taxpayer's card (TIN), registration address.
- For legal entities – code from the unified state register of enterprises and organizations of Ukraine (EDRPOU).
4. PRICES AND PAYMENT PROCEDURE
4.1. The Customer accepts the Offer and concludes the Contract by making a prepayment for the Executor's Services according to the terms of this Contract. Prepayment for the Executor's services means the Customer's agreement with all the terms of this Contract.
4.2. The cost of work under this Contract at the time of its conclusion is determined according to the current conditions published on the website https://cityhost.ua/ and for the period chosen by the Customer as the first payment period for the Services. Payment for the continuation of Services may occur at an increased cost current on the day of payment for the continuation of Services, according to the current price offers published on the website https://cityhost.ua/.
4.3. Payments are made according to the tariffs published on the website https://cityhost.ua/ at the time of payment, as well as according to the issued invoices, receipts, or other payment documents and may include additional discounts for service orders, personal and other discounts.
4.4. The Executor has the right to unilaterally review the prices for Services, their continuation or restoration, change service tariffs, and introduce new tariff plans. The Executor notifies the Customer of the introduction of new prices or other changes by publishing information on the website https://cityhost.ua/. In case of advance payment for the provision of services under this Contract, the new prices for the Services come into effect for the Customer after the expiration of the period for which the advance payment was made.
4.5. Services are provided on the condition of payment according to the chosen tariff plan, upon receipt of payment to the Executor's settlement account.
4.6. Payment for Services is made by cashless payments to the Executor's bank account specified in the invoice, receipt for payment, or payment systems.
4.6.1. When making a payment, the Customer is obliged to indicate in the payment document the purpose of the payment, which allows to accurately identify the Customer and the service being paid for - the current invoice number issued by the system, the true surname, name, patronymic, or the name of the enterprise. If the necessary information is not indicated, the system will not be able to credit the funds and continue (register) the service. Crediting of funds in case of not indicating the necessary information for payment identification is carried out manually after receiving a letter from the Customer with the necessary data and submission of copies of payment documents, other necessary documents and data for identification. Such crediting is carried out within 14 (fourteen) working days from the moment of receiving the information from the Customer in full.
4.6.2. The Customer independently receives the invoice for payment of services on the website https://cityhost.ua/ and pays within 5 days, indicating when paying the Service for which the payment is made and the purpose of the payment according to the issued payment document.
4.6.3. The Executor provides the Customer with reminders about the continuation of services via email specified during registration. The invoice must be paid no later than 3 days after the expiration of the service provision period.
4.6.4. The Customer is obliged to notify the Executor by email of the date, amount of payment, and for which service the payment was made.
4.6.5. In case of late payment or late notification of the Executor about the payment, the Executor has the right to suspend the provision of services.
4.7. The Customer is solely responsible for the correctness of the payments made by them. In case of changes to the Executor's bank details from the moment of publication of the new details on the website https://cityhost.ua/, the Customer bears all negative consequences for payments made using outdated details.
4.8. The day of payment is considered the day of crediting funds to the Executor's settlement account.
4.9. In case of suspension of service provision due to non-payment, its resumption occurs within the working day following the day of payment.
4.9.1. In case of non-payment by the Customer for domain registration services, virtual hosting, rental of virtual servers within 30 days from the moment of their expiration, resumption of services may be impossible. In case of non-payment by the Customer for dedicated server rental services within 1 day from the moment of their expiration, resumption of services may be impossible. If resumption of services is possible, it may occur for an additional fee established by the Executor.
4.10. Funds received from persons specified in paragraph 7.8 of the Contract will be considered directed to strengthen the defense capability of the Armed Forces of Ukraine, are non-refundable, and will be transferred to support the army of Ukraine.
4.11. The Customer, having activated the "subscription services" function and added a bank card, gives consent to the Executor to withdraw funds for the continuation of services for each period according to the subscription terms.
5. SPECIAL CONDITIONS AND RESPONSIBILITY OF THE PARTIES
5.1. The Executor does not guarantee absolute uninterrupted service and does not guarantee that the proposed software or any other materials do not contain systemic errors. The Executor makes all reasonable efforts and measures to prevent service interruptions or violations of its quality.
5.2. The Executor is not responsible for direct or indirect damages caused to the Customer as a result of using or inability to use the Services or incurred due to errors, omissions, interruptions in operation, deletion of files, defects, delays in operation or data transmission, or changes in functions and other reasons. The Executor does not guarantee the acceptance of the Customer's mail from remote networks, the functioning of which caused the address of such a network to be included in lists that the Executor's mail delivery program does not accept.
5.3. The Executor is not responsible for the quality of communication channels through which access to the Services is provided.
5.4. The Customer assumes full responsibility and risks associated with using the Internet through the Services, including responsibility for assessing the accuracy, completeness, and usefulness of any opinions, ideas, other information, as well as the quality and properties of goods and services disseminated on the Internet and provided to the Customer through the Services.
5.5. The Customer is fully responsible for the security of their password and for damages that may arise from its unauthorized use. In case of theft of the login and password due to the fault of third parties, the Customer must send a statement to the Executor for changing the password with the mandatory attachment of the relevant financial document confirming the payment for the Services. The Executor is not responsible for the actions of third parties that caused the theft, and for compensation for damages resulting from the theft, the Customer must contact the relevant law enforcement agencies.
5.6. The Executor is not responsible for notifying any third parties about the deprivation of the Customer's access to the service and for possible consequences arising from the absence of such notification.
5.7. The Executor is not a defendant or co-defendant for any obligations and expenses related to the violation of the provisions of the Contract by the Customer or other persons using the Customer's username and password or gaining access to edit the Customer's information through hacking; or related to the use of the Internet through the Services; or related to the placement or transmission of any message, information, software, or other materials on the Internet by the Customer or other persons using their login and password.
5.8. The Executor is not responsible for the late receipt by the Customer of messages from the Executor sent by email. A letter is considered received by the Customer on the day it is sent by the Executor.
5.9. The Executor (as Registrar), Administrators, and Operators of the relevant public domain registries in which domain names are registered under this Contract are not responsible for the consequences of use, non-use, or wrongful use of domain names by the Customer (Registrant), including before third parties, as well as in case of violation by the Customer (Registrant) of any third-party rights – regardless of whether such responsibility arises under the legislation of Ukraine or international law.
5.10. The Executor during the term of delegation of the domain name in the zones ua, com.ua, kyiv.ua, kiev.ua, ivano-frankivsk.ua, if.ua, poltava.ua, pl.ua, uzhgorod.ua, uz.ua, cn.ua, chernihiv.ua, chernigov.ua, cv.ua, chernivtsi.ua, chernovtsy.ua, kr.ua, kropyvnytskyi.ua, kirovograd.ua, lt.ua, lutsk.ua, volyn.ua, te.ua, ternopil.ua, uzhhorod.ua, zakarpattia.ua, vn.ua, vinnytsia.ua, vinnica.ua, zt.ua, zhytomyr.ua, zhitomir.ua, org.ua, rv.ua, rivne.ua, rovno.ua, km.ua, khmelnytskyi.ua, khmelnitskiy.ua, dn.ua, donetsk.ua, lg.ua, luhansk.ua, lugansk.ua, kh.ua, kharkiv.ua, kharkov.ua, net.ua, sm.ua, sumy.ua, zp.ua, zaporizhzhia.ua, zaporizhzhe.ua, ck.ua, cherkasy.ua, cherkassy.ua, ks.ua, kherson.ua, krym.ua, crimea.ua, sevastopol.ua, sebastopol.ua, yalta.ua complies with the Uniform Domain Name Dispute Resolution Policy, the Rules for the Uniform Domain Name Dispute Resolution Policy, and the Supplemental Rules for the Uniform Domain Name Dispute Resolution Policy in the specified zones of the World Intellectual Property Organization, published at the link https://hostmaster.ua/policy/ua-drp. Namely:
5.10.1. To provide the requested information to the Center of the International Organization for Intellectual Property for arbitration and mediation, including confirmation that the disputed domain name is registered by the Executor in favor of the Customer, that the domain name is registered by the natural or legal person specified by the respondent in the complaint, to provide the contact details of the registrant of the disputed domain name. If necessary, to provide the registration contract and support of the domain name, as well as other documents.
5.10.2. Not to change the registrant and/or registrar of the disputed domain during the consideration of the complaint.
5.10.3. To comply with the decisions of the Administrative Commission of the Center of the International Organization for Intellectual Property for arbitration and mediation, namely: changing the registrant or registrar of the disputed domain or its complete deletion, if one of such decisions is made.
Regarding domain names in gTLD/ccTLD zones administered by ICANN (in particular, .com, .net, .org, and others), the Executor adheres to the relevant ICANN policies and registry rules according to the conditions of Appendix 3 to this Contract. The requirements of Appendix 3 apply in parallel with the provisions of this paragraph in a manner that does not contradict each other; in case of collision regarding gTLD zones, Appendix 3 takes precedence.
5.11. The Customer during the term of delegation of the domain name in the zones ua, com.ua, kyiv.ua, kiev.ua, ivano-frankivsk.ua, if.ua, poltava.ua, pl.ua, uzhgorod.ua, uz.ua, cn.ua, chernihiv.ua, chernigov.ua, cv.ua, chernivtsi.ua, chernovtsy.ua, kr.ua, kropyvnytskyi.ua, kirovograd.ua, lt.ua, lutsk.ua, volyn.ua, te.ua, ternopil.ua, uzhhorod.ua, zakarpattia.ua, vn.ua, vinnytsia.ua, vinnica.ua, zt.ua, zhytomyr.ua, zhitomir.ua, org.ua, rv.ua, rivne.ua, rovno.ua, km.ua, khmelnytskyi.ua, khmelnitskiy.ua, dn.ua, donetsk.ua, lg.ua, luhansk.ua, lugansk.ua, kh.ua, kharkiv.ua, kharkov.ua, net.ua, sm.ua, sumy.ua, zp.ua, zaporizhzhia.ua, zaporizhzhe.ua regarding domain names in the specified zones (.UA Domain Name Dispute Resolution Policy), Rules for Domain Name Dispute Resolution Policy and Supplemental Rules for Domain Name Dispute Resolution Policy of the International Organization for Intellectual Property (World Intellectual Property Organization Supplemental Rules for UA Domain Name Dispute Resolution Policy), which are published at the link https://hostmaster.ua/policy/ua-drp.
5.12. When specifying in the Customer's application for registration or redelegation of a domain name personal data of third parties (in administrative, technical, or financial contacts), the Customer guarantees that such data is specified with the prior consent of the respective persons, in compliance with the requirements of current legislation of Ukraine on the protection of personal data and, where applicable, the General Data Protection Regulation (GDPR, EU Regulation 2016/679). The Customer undertakes to independently inform the subjects of personal data about the purpose, content, and scope of the collection of their data, as well as about the persons and organizations to whom such data is transferred. The processing of such data by the Executor is carried out in accordance with section 8 of this Contract and, in terms of domain name registration, – according to Appendix 3.
5.13. The Executor is not responsible for the content and accuracy of any information transmitted, received, or posted by the Customer on the web node, in domains, domain zones registered under this Contract.
5.14. Under any circumstances, the Executor is not responsible for possible violations of the rights and legitimate interests of third parties as a result of the delegation/use of domains, domain zones, and/or as a result of placing any information in the Domain Registration Database, including but not limited to information about the Customer, registrants, and domain names.
5.15. If the Customer of services and the person who, according to the approved Regulations of the respective domains, has the right to own and dispose of the domain, domain zone, according to the record in the database of the relevant domain zone are different legal/natural persons, then all risks of adverse consequences are borne by the Customer, and such circumstances do not exempt the Customer from payment for the services provided.
5.16. The Administrator and Registrar, as the Executor under the Contract, cannot be involved as a party in legal disputes regarding domain names registered under this Contract.
5.17. The Regulation on the peculiarities of registration of private third-level domain names in the domains odessa.ua, odesa.ua, and od.ua, nikolaev.ua, mykolaiv.ua, and mk.ua and the Regulation on the support of the domain name in case it is not serviced by the Registrar: http://sunic.ua/uk_UA/page/documents
5.18. The Regulation of the public internet service WHOIS https://hostmaster.ua/services/
6. PROCEDURE FOR CONSIDERING CLAIMS AND DISPUTES
6.1. Claims from the Customer regarding the services provided are accepted by the Executor for consideration only in written (electronic) form. The term for considering claims from the Customer should not exceed 14 (fourteen) working days.
6.2. The consideration of claims against the Executor related to the provision of Services is carried out on the condition of presenting the Customer with the relevant financial documents confirming payment for the Services.
6.3. To resolve technical issues regarding the Customer's fault due to their wrongful actions when using the Internet, the Executor has the right to independently involve competent organizations as experts.
6.4. The parties will regulate any disputed issues, discrepancies, or claims that may arise regarding this contract or in connection with it through negotiations.
6.5. If the parties do not reach an agreement on disputed issues through negotiations, these issues are subject to consideration in court according to the jurisdiction established by the legislation of Ukraine.
7. MOMENT OF CONCLUDING THE CONTRACT. TERM OF ITS VALIDITY. PROCEDURE FOR CHANGING AND TERMINATING
7.1. The contract is considered concluded and comes into force from the moment of payment for the Services in the amount and manner established by this contract (except for circumstances provided for in paragraph 7.8.).
7.2. The contract is concluded for an indefinite term and is valid for the specified term provided that the Customer timely and fully pays for the Executor's services.
7.3. The Executor has the right to unilaterally change the terms of this Contract, notifying the Customer by publishing information on the website. These changes to the contract take effect 10 days after publication on the Executor's website unless the Customer has sent their motivated objections to the changes in the terms of the contract immediately after their publication. In this case, changes to the Contract take effect after the parties have resolved the disputed moments.
7.4. If it is impossible to resolve the disputed moments related to changes in the terms of this Contract, the Executor has the right to refuse the Contract and cease the provision of Services.
7.5. The Customer has the right to unilaterally refuse the Executor's Services at any time.
7.6. In case of early termination of this Contract at the initiative of the Customer, the remaining funds in the Customer's personal account are non-refundable and are applied to all services, except for cases provided for in paragraph 7.7. The Executor has the right to offer the Customer other services for the remaining amount.
7.7. Refunds received by the Executor are not provided for the following services: registration/renewal/transfer of domain names; rental of virtual, dedicated servers, and file storage; purchase of licenses, software, and paid SSL certificates, SMS messaging services. A refund for hosting orders can be made in full within the first 30 days from the moment of ordering the service in case of providing a motivated reason for refusal of the service and based on the Customer's request sent to the Executor's email.
7.8. The contract cannot be concluded:
a) with legal entities whose beneficial owners are residents of a state recognized by the Verkhovna Rada of Ukraine as an aggressor state;
b) with natural and legal persons against whom special economic and other restrictive measures (sanctions) have been applied in accordance with the Law of Ukraine "On Sanctions";
c) with natural and legal persons of a state that has occupied any part of Ukraine or is committing aggression against Ukraine, recognized by the Verkhovna Rada of Ukraine as an aggressor state or an occupying state.
7.9. The Executor has the right in case of violation and/or non-compliance by the Customer with certain conditions of this Contract and the relevant appendices to it:
- to suspend the provision of services until the Customer eliminates the identified violations; or
- to terminate this Contract and finally cease the provision of services if the violation is not eliminated within a reasonable time or is significant.
Suspension of service provision for late payment is carried out solely on the basis of paragraph 4.6.5 and is not a basis for terminating the Contract under this paragraph.
8. PROTECTION AND CONSENT TO THE PROCESSING OF PERSONAL DATA
8.1. In order to comply with the requirements of the Law of Ukraine "On Personal Data Protection" No. 2297-VI dated 01.06.2010, the Customer gives their consent to the Executor to process the Customer's personal data for the purposes and in the manner defined in this section. In cases where the Customer is a resident of a state that is a member of the EU or where the processing concerns the personal data of persons who are residents of the EU, the General Data Protection Regulation (GDPR, EU Regulation 2016/679) also applies.
8.2. The Executor processes personal data by performing the following operations: collection, systematization, accumulation, storage, clarification (updating, changing), use, dissemination, anonymization, blocking, destruction. The purpose of processing is to fulfill the Contract and provide the Customer with the ordered services.
8.3. The Executor undertakes to process the Customer's personal data in strict accordance with the legislation of Ukraine on the protection of personal data, and in relevant cases – in accordance with the requirements of GDPR.
8.4. The transfer of the Customer's personal data to third parties is carried out exclusively in the following cases:
- in anonymized form - to other market participants in domain name registration for statistical and analytical purposes;
- in identified form - to another registrar or administrator of the public domain if the operation requires the identification of the Customer as the owner of the domain name (paragraph 8.1);
- in identified form - to the relevant registry, ICANN, and authorized contractors within the scope necessary to fulfill the requirements of Appendix 3 to this Contract;
- at the request of competent authorities in cases provided for by current legislation.
8.5. The Customer by this consent entrusts the Executor as Registrar to publish their personal data in the databases of the relevant services in open access on the Internet to the extent necessary for the functioning of services, offices, and domains.
8.6. The rights of the Customer regarding their personal data are defined in Article 8 of the Law of Ukraine "On Personal Data Protection". In relevant cases, the Customer also has rights provided for by GDPR, including the right to access, rectify, restrict processing, and delete data.
8.7. The withdrawal of consent to the processing of personal data can be carried out by the Customer by sending the relevant order in simple written form to the address of the Executor. In this case, the Customer agrees that such withdrawal may lead to the following consequences:
- refusal of the Executor to provide services due to the impossibility of performing them without the specified data;
- deletion of the domain name in case of impossibility of its support without the presence of such data by the Executor.
9. FINAL PROVISIONS
9.1. On all issues not regulated by this contract, the Parties are governed by the current legislation of Ukraine.
9.2. The appendices to this contract are:
Appendix 1 – Norms of using the Internet;
Appendix 2 – Rules for using the services;
Appendix 3 – Conditions for domain name registration and ICANN requirements. When ordering domain name registration services, the Customer undertakes to comply with the conditions of Appendix 3.
10. EXECUTOR'S DETAILS
Services offered on the website https://cityhost.ua/ may be provided by various individuals or legal entities under TM CITYHOST.