Information about the contract
The executor is a natural or legal entity that provides services offered on the website https://cityhost.ua.
The customer is a natural or legal person who is interested in receiving the services presented on the website https://cityhost.ua.
The following information is an official offer (offer) to a legal entity or individual to enter into a subscription service contract with the Contractor (exceptions are defined in Clause 7.8 of the Public Subscription Service Contract). In order to conclude the specified contract, it is not necessary to come to the office of our company, conduct negotiations and fill out papers. To conclude a contract, it is enough to familiarize yourself with this information and the text of the contract below. The specified contract is public, that is, according to Article 633 of the Civil Code of Ukraine, its conditions are the same for all consumers.
If you agree to its terms, you can pay for services. In this case, the contract will be considered concluded, and the Contractor will be deemed to have undertaken the obligation to provide the services specified in the contract. Citizens can pay through any branch of a commercial bank.
In accordance with the Civil Code of Ukraine, in case of acceptance of the conditions set forth in this Offer and payment of services, the natural or legal person who accepts this Offer becomes the CUSTOMER (acceptance of the Offer is equivalent to the conclusion of the Agreement on the terms set forth in the Offer).
In the future, if the need arises, you will be able to receive a documented contract with the signatures and seal of the Executor at a time convenient for you.
for subscriber service
The Contractor, on the one hand, and the Customer, on the other hand, concluded this agreement on the following:
1. SUBJECT OF THE AGREEMENT
1.1. In accordance with the terms of this Agreement, the Contractor undertakes to provide Services in the manner and on the terms stipulated by this Agreement, and the Customer undertakes to accept and pay for the services provided.
1.2. This contract has the nature of a public offer and is the equivalent of an "oral contract", and according to the current legislation of Ukraine, it has the appropriate legal force.
2. GENERAL PROVISIONS
2.1. Services means providing the Customer with:
2.1.1. A unique name (hereinafter, login) and password, which allows you to manage services on the website https://cityhost.ua/. This information is sent to the Customer's contact e-mail address after completing the registration and payment procedure. The contact e-mail address is the address specified by the Customer during the registration procedure;
2.1.2. Opportunities to place information on the Contractor's servers within the quota provided for in the tariff plan.
2.1.3. Registration of domain names and their support on primary and secondary DNS name servers, if such a service is ordered on the official website https://cityhost.ua/.
2.1.4. Possibilities of organizing e-mail names with the amount of information stored at each moment of time, within the quota provided by the tariff plan.
2.1.5. Possibilities of addressing the hosted resource.
2.1.6. Necessary to use the Service of consultations by e-mail or telephone.
2.2. The customer consents to the storage and processing of personal data in order to ensure the implementation of mutual relations in the field of informatization.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. OBLIGATIONS OF THE PERFORMER
3.1.1. Provide the Customer with Services in accordance with the amount of the subscription fee paid in accordance with the procedure provided for in Section 4 of this Agreement.
3.1.2. Register the Customer's account and send him the name (login) and access password by e-mail.
3.1.3. Maintain the confidentiality of the Customer's information received from him during registration, as well as the content of private e-mail messages, with the exception of cases provided for by the current legislation of Ukraine.
3.1.4. Publish official notices related to customer service and changes in payment tariffs on the website https://cityhost.ua/.
3.2. OBLIGATIONS OF THE CUSTOMER
3.2.1. Possess the minimum skills and knowledge necessary for independent use of the Service.
3.2.2. Provide reliable information during registration and conclusion of the Agreement.
3.2.3. At the first request, provide the Contractor with scanned copies of the completed application and passport (1.2 pages and registration). In this Agreement, a statement is understood to be a self-filled and signed application to the Contractor, the request for its completion is made in the cases specified by the Contractor and is brought to the attention of the Customer by means of e-mails and instructions on the website https://cityhost.ua/. The form of such a statement is available for download by the Customer in his personal account on the website https://cityhost.ua/ or it can be written by the Customer in any form.
3.2.4. In a timely manner, provide the Contractor with information about the change of information, such as the contact email address, phone number, as well as the postal address (for sending documents, if you wish to sign the contract later).
3.2.5. When contacting the technical support service via the website https://cityhost.ua/, use the contact email address (the address specified when ordering the service) and provide your login, first and last name, and, if necessary, use other methods of confirming your access rights .
3.2.6. Ensure the confidentiality of your login and password.
3.2.7. Pay for the Services in accordance with the service tariff plan and in compliance with the terms of Section 4 of this Agreement. The customer undertakes to familiarize himself 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 Contractor about this within ten days from the moment of receiving the notification of changes.
3.2.9. Keep bank financial documents (payment orders, receipts, checks) confirming payment for the Services.
3.3.1. When ordering a dedicated server with a Windows Trial operating system (trial version), the Customer undertakes, after the end of the trial period (180 days), to purchase a licensed Windows operating system from the Contractor or from another company that is an official distributor of the specified software and provide confirmation to this Contractor by providing payment and/or other documents confirming the fact of purchasing a license.
3.3.2. When ordering a dedicated/virtual server with the Windows operating system, the Customer must provide the Contractor with the following information:
- For individuals вЂ“ registration number of the taxpayer's registration card (TIN).
- For legal entities вЂ“ a code from the Unified State Register of Enterprises and Organizations of Ukraine (YEDRPOU).
4. PRICES AND PAYMENT PROCEDURE
4.1. The Customer accepts the Offer and concludes the Agreement by pre-paying for the Contractor's Services in accordance with the terms of this Agreement. Prepayment of the Contractor's services means the Customer's agreement to all the terms of this Agreement.
4.2. The cost of work under this contract at the time of its conclusion is determined in accordance with the current conditions published on the website https://cityhost.ua/.
4.3. Payments are made in accordance with the tariffs published on the website https://cityhost.ua/, as well as in accordance with issued invoices, receipts or other payment documents.
4.4. The Contractor has the right to unilaterally revise the prices for Services, change service tariffs, introduce new tariff plans. The Contractor shall notify the Customer of the introduction of new prices or other changes by publishing information on the website https://cityhost.ua/. In the case of an advance payment for the provision of services in accordance with this Agreement, the new prices for the Services become effective for the Customer after the expiration of the period for which the advance payment was made.
4.5. Services are provided subject to payment in accordance with the selected tariff plan, upon receipt of payment to the Contractor's current account.
4.6. Payment for the Services is made through non-cash payments to the Contractor's bank account specified in section 10 of this Agreement.
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, first name, patronymic or name of the company. If the required information is not provided, the system will not be able to credit funds and continue (register) the service. Crediting of funds in case of failure to specify the information required for payment identification is carried out manually after receiving a letter from the Customer indicating the necessary data and submitting copies of payment documents, other documents and data necessary for identification. Such enrollment is carried out within 14 days from the moment of receiving information from the Customer in full.
4.6.2. The Customer receives an invoice for payment of services independently on the website https://cityhost.ua/ and pays within 10 days, specifying the service for which payment is made and the purpose of payment in accordance with the issued payment document.
4.6.3. The Contractor provides the Customer with a reminder about the continuation of services by e-mail specified during registration. The bill must be paid no later than 3 days after the end of the service provision period.
4.6.4. The Customer is obliged to notify the Contractor by e-mail of the date, amount of payment, as well as for which service the payment was made.
4.6.5. In case of late payment or late notification of the Contractor about payment, the Contractor has the right to stop providing services.
4.7. The customer is independently responsible for the correctness of the payments made by him. When changing the Contractor's bank details from the moment the new details are published on the website https://cityhost.ua/, the customer bears all the negative consequences for payments made using outdated details.
4.8. The day of payment is considered the day when funds are credited to the Contractor's current account.
4.9. In case of suspension of services due to non-payment, their renewal takes place during the working day following the day of payment.
4.9.1 In case of non-payment by the customer of services within 30 days from the moment of their end, restoration of services may not be possible. In the event that service restoration is possible, it occurs for an additional fee set by the Contractor.
4.10. The funds received from the persons specified in clause 7.8 of the Agreement will be considered aimed at strengthening the defense capability of the Armed Forces of Ukraine, are not subject to return and will be transferred to support the army of Ukraine.
4.11. By activating the "subscription services" function and adding a bank card, the Customer gives consent to the Contractor to debit money for the continuation of services in each period in accordance with the terms of the subscription.
5. SPECIAL CONDITIONS AND LIABILITY OF THE PARTIES
5.1. The Contractor does not guarantee absolute continuity and does not guarantee that the offered software or any other materials do not contain system errors. The contractor makes all reasonable efforts and measures to prevent interruptions of the service or violation of its quality.
5.2. The Contractor is not responsible for direct or indirect damages caused to the Customer as a result of the use or inability to use the Services or incurred as a result of errors, omissions, interruptions in work, deletion of files, defects, delays in work or data transmission, or changes in functions and other reasons. The Contractor does not guarantee the acceptance of the Customer's mail from remote networks, the operation of which caused the address of such a network to be included in the lists, according to which the Contractor's mail delivery program does not receive mail.
5.3. The Contractor is not responsible for the quality of the communication channels through which the Services are accessed.
5.4. The customer assumes full responsibility and risks associated with the use of the Internet using the Services, including the responsibility for evaluating the accuracy, completeness and usefulness of any opinions, ideas, other information, as well as the quality and properties of goods and services, distributed on the Internet and provided to the Customer using the Services.
5.5. The customer is fully responsible for saving his password and for damages that may occur due to its unauthorized use. In the event of theft of the login and password, which occurred due to the fault of third parties, the Customer must send to the address of the Contractor an application to change the password with a mandatory attachment to the application of the relevant financial document confirming payment for the Services. The Contractor is not responsible for the actions of third parties that caused the theft, and the Customer must contact the relevant law enforcement agencies to compensate for the damage caused by the theft.
5.6. The Contractor is not responsible for the notification of any third parties about the deprivation of the Customer's access to the service and for possible consequences arising from the lack of such notification.
5.7. The Contractor is not responsible or co-responsible for any obligations and costs related to the violation of the provisions of the Agreement by the Customer or other persons who use the Customer's username and password or gained access to edit the Customer's information by hacking; or related to the use of the Internet using the Services; or related to posting or transmission of any message, information, software or other materials on the Internet by the Customer or other persons using his login and password.
5.8. The Contractor is not responsible for late receipt by the Customer of the Contractor's messages sent by e-mail. The letter is considered received by the Customer on the day it is sent by the Contractor.
5.9. The Contractor, Administrators of the Registry of Public Domains and Operators of the Registry of Public Domains, in which domains are registered in accordance with this Agreement, are not responsible for the consequences of the use or misuse of domain names by the Customer, in particular to third parties, as well as in case of violation by the Customer of any rights of third parties persons
5.10 During the period of delegation of the domain name in the zones ua, kyiv.ua, kiev.ua, ivano-frankivsk.ua, if.ua, poltava.ua, pl.ua, uzhgorod.ua, uz.ua to the Customer within the framework of this contract, the of the Unified Domain Name Dispute Resolution Policy, the Rules for Domain Name Dispute Resolution Policy and the Additional Rules of the Unified Domain Name Dispute Resolution Policy in the specified zones of the International Intelligence Organization (World Intellectual Property Organization Supplemental Rules for Domain Name Dispute Resolution Policy), published at https://hostmaster.ua/policy/ua-drp.
5.10.1 Provide the requested information to the Arbitration and Mediation Center of the International Intellectual Property Organization, including confirmation that the disputed domain name is registered by the Contractor in favor of the Customer, that the domain name is registered by the natural or legal entity specified by the defendant in the complaint, provide contact information registrant'a data of the disputed domain name. If necessary, provide the agreement on registration and maintenance 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 review of the complaint.
5.10.3 To implement the decision of the Administrative Commission of the Center of the International Intellectual Property Organization for Arbitration and Mediation, namely: changing the registrant or registrar of the disputed domain or its complete removal, if one of such decisions is adopted.
5.11 The customer during the domain name delegation period in zones.ua, kyiv.ua, kiev.ua, ivano-frankivsk.ua, if.ua, poltava.ua, pl.ua, uzhgorod.ua, uz.ua about the domain names in the specified zones (.UA Domain Name Dispute Resolution Policy), the Rules for Domain Name Dispute Resolution Policy and the Supplemental Rules of the World Intellectual Property Organization Supplemental Rules for Domain Name Dispute Resolution Policy UA Domain Name Dispute Resolution Policy), which are published at https://hostmaster.ua/policy/ua-drp.
5.12. When the Customer specifies in the application for domain registration or redelegation in the administrative, technical, financial contacts of the domain personal data of third parties, the Customer guarantees that such personal data is specified with the consent of the owners of personal data in compliance with the current norms of personal data protection established by the current legislation of Ukraine and/or of the General Data Protection Regulation (GDPR) without violating the rights of third parties. The customer undertakes to independently inform the subjects of personal data about the content, purposes and scope of the collection of personal data, as well as the persons/organizations to which they are transferred.
6. PROCEDURE FOR CONSIDERING CLAIMS AND DISPUTES
6.1. The Customer's claims regarding the services provided are accepted by the Contractor for consideration only in written (electronic) form. The term of consideration of the Customer's claims should not exceed 14 (fourteen) working days.
6.2. Consideration of claims against the Contractor related to the provision of Services is carried out on the condition that the Customer presents relevant financial documents confirming payment for the Services.
6.3. To resolve technical issues regarding the fault of the Customer as a result of his illegal actions when using the Internet, the Contractor has the right to independently involve competent organizations as experts.
6.4. The parties will settle through negotiations any disputed issues, disagreements or claims that may arise in relation to or in connection with this agreement.
6.5. In the event that the parties do not reach an agreement on disputed issues through negotiations, these issues are subject to judicial review in accordance with the jurisdiction established by the legislation of Ukraine.
7. MOMENT OF CONTRACT CONCLUSION. TERM OF ITS EFFECT. CHANGE AND TERMINATION PROCEDURE
7.1. The contract is considered concluded and enters into force from the moment of payment for the Services in the amount and order established by this contract (with the exception of the circumstances provided for in clause 7.8.).
7.2. The contract is concluded for an indefinite period and is valid during the specified period, subject to timely and full payment by the Customer of the Contractor's services.
7.3. The Contractor has the right to change the terms of this Agreement unilaterally, notifying the Customer about this by publishing information on the website. These changes to the contract take effect immediately after they are published on the Contractor's website, unless the Customer has sent his reasoned objections to the changes to the terms of the contract. In this case, amendments to the Agreement shall enter into force after the parties have settled the disputed points.
7.4. In case of impossibility of settlement of disputed points related to changes in the terms of this Agreement, the Contractor has the right to withdraw from the Agreement and stop providing the Services.
7.5. The Customer has the right to unilaterally refuse the Services of the Contractor at any time.
7.6. In case of early termination of this Agreement at the Customer's initiative, the remaining funds on the Customer's personal account are not subject to return. The Contractor has the right to offer the Customer other services for the remaining amount.
7.7. Refunds are not provided for the following services: registration/extension/transfer of domain names; rent of virtual, dedicated servers and file storage; purchase of licenses, software and paid SSL certificates.
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 individuals and legal entities against whom special economic and other restrictive measures (sanctions) have been applied in accordance with the Law of Ukraine "On Sanctions";
c) with individuals and legal entities of a state that in any way occupied a part of the territory of Ukraine or commits aggression against Ukraine, recognized by the Verkhovna Rada of Ukraine as an aggressor state or an occupying state.
7.9. The Contractor has the right to terminate the contract and stop providing services to the Customer or suspend the provision of such services in case of violation and/or non-compliance by the Customer with certain terms of the contract and the relevant annexes thereto.
8. CONSENT TO PERSONAL DATA PROCESSING
8.1. In order to comply with the requirements of the Law of Ukraine "On the Protection of Personal Data" No. 2297-VI dated June 1, 2010, the Customer gives his consent to the processing of the Customer's personal data by the Contractor.
8.2. The contractor processes personal data by carrying out actions (operations) with personal data, which include: collection, systematization, accumulation, storage, clarification (updating, changing), use, distribution, depersonalization, blocking, destruction of personal data. The purpose of using personal data and their further processing is to obtain the services provided by the Contractor by the Customer.
8.3. The Contractor undertakes to process the Customer's personal data in strict accordance with the legislation of Ukraine on the protection of personal data.
8.4. The Customer agrees that the Contractor has the right to anonymize his personal data for the purpose of transfer to other subjects of the domain name registration market. The Customer also agrees that the Contractor has the right to transfer his data to other subjects of the domain name registration market in an impersonal form.
8.5. With this consent, the Customer instructs the Contractor as the Registrar to publish his personal data in the databases of relevant services in open access on the Internet, necessary for the operation of services, services, domains.
8.6. Withdrawal of consent to the processing of personal data can be carried out by sending the Customer a corresponding order in a simple written form to the address of the Contractor. At the same time, the Customer agrees that such withdrawal may cause the following consequences:
- refusal by the Contractor to provide services due to the impossibility of their performance without the specified data;
- deletion of the domain name in case of impossibility of its maintenance without the Contractor having such data.
8.7. The Customer agrees that his personal data may be transferred to another Registrar or Administrator of a public domain in the event that the operation being performed requires identification of the Customer as the owner of the domain name.
8.8. The Customer's rights regarding his personal data are defined in Art. 8 of the Law of Ukraine "On Personal Data Protection".
9. FINAL PROVISIONS
9.1. On all issues not regulated by this agreement, the Parties are governed by the current legislation of Ukraine.
9.2. Annexes to this contract are: Annex 1 - Rules for using the Internet, Annex 2 - Rules for using services.
10. DETAILS OF PERFORMERS
The services offered on the website https://cityhost.ua/ can be provided by various natural persons-entrepreneurs or legal entities. Below are the data of the counterparties from whom invoices and contracts for the provision of services are issued:
RIVTIN MAKSYM LEONIDOVYCH FOP
Account/card number UA263220010000026001330144522
Bank JSC "UNIVERSAL BANK"
An individual entrepreneur on a single tax
ZLOTNIKOVA NATALIIA HRIGORIVNA FOP
Account/card number UA143206490000026003060294254
Bank BRANCH "ROZRAH.CENTR" JSC CB "PRIVATBANK"
An individual entrepreneur on a single tax
YEFIMOVA HANNA YURIIVNA FOP
Account/card number UA143206490000026004052622587
Bank BRANCH "ROZRAH.CENTR" JSC CB "PRIVATBANK"
An individual entrepreneur on a single tax
Account/card number UA543052990000026001035004170
Bank BRANCH "ROZRAH.CENTR" JSC CB "PRIVATBANK"
Single tax payer, without VAT
Appendix 1 to the Agreement
NORMS OF USE OF THE NETWORK
The Internet is a global association of computer networks and information resources owned by many different people and organizations. This association is decentralized and there is no universally binding set of rules (laws) for using the Internet. There are, however, generally accepted norms of work on the Internet aimed at ensuring that the activities of each network user do not interfere with the work of other users. The fundamental position of these norms is as follows: the rules for using any Internet resources (from a mailbox to a communication channel) are determined by the owners of these resources and only by them.
This document describes generally accepted norms of work on the Internet, compliance with which is mandatory for all users. The effect of these norms extends to the procedure for using Network resources. Here and further, the word Network refers to the Internet and other available networks.
1. Restrictions on informational noise (spam).
The development of the Internet has led to the fact that one of the main problems of users has become an excess of information. Therefore, the network community has developed special rules aimed at protecting the user from unnecessary/unsolicited information (spam). In particular, the following are unacceptable:
1.1. Mass mailing of unsolicited e-mails. Mass mailing refers to both mailing to many recipients and multiple mailings to one recipient. Here and below, e-mails mean e-mail messages, teleconferences, Internet pagers, forums and other means of personal information exchange.
1.2. Uncoordinated sending of e-mails of more than one page or containing attachments.
1.3. Unauthorized sending of e-mails of an advertising, commercial or campaigning nature, as well as e-mails containing rude and offensive statements and offers.
1.4. Sending information to recipients who have previously expressed a clear unwillingness to receive this information.
1.5. Use of own or provided information resources (mailboxes, e-mail addresses, WWW pages, etc.) as contact coordinates when performing any of the above-described actions, regardless of from which point of the Network these actions were performed.
2. Prohibition of unauthorized access and network attacks.
2.1. Attempts to gain unauthorized access to Network resources, conducting or participating in network attacks and network hacking are not allowed, except when the attack on a network resource is carried out with the express permission of the owner or administrator of this resource. Including prohibited:
2.1.1. Actions aimed at disrupting the normal functioning of elements of the Network (computers, other equipment or software) that do not belong to the user.
2.1.2. Actions aimed at obtaining unauthorized access, including privileged access, to a Network resource (computer, other equipment or information resource), further use of such access, as well as destruction or modification of software or data that does not belong to the user, without agreement with the owners of this software or data or the administrators of this information resource.
2.1.3. Transmission of meaningless or useless information to computers or equipment of the Network, which creates a parasitic load on these computers or equipment, as well as intermediate sections of the network, in volumes exceeding the minimum necessary to check network connections and the availability of its individual elements .
3. Compliance with the rules established by resource owners.
3.1. In addition to the above, the owner of any informational or technical resource of the Network can establish its own rules for its use for this resource.
3.2. Rules for the use of resources or links to them are published by the owners or administrators of these resources at the point of connection to such resources and are mandatory for all users of these resources.
3.3. The user is obliged to comply with the rules for using the resource or immediately refuse to use it.
4. Inadmissibility of falsification.
4.1. A significant part of network resources does not require user identification and allows anonymous use. However, in some cases, the user is required to provide information that identifies him and the means of access to the Network used by him. At the same time, the user is prohibited from:
4.1.1. Use of identification data (names, addresses, telephone numbers, etc.) of third parties, except when these persons have authorized the user for such use. At the same time, the user must take measures to prevent the use of Network resources by third parties on his behalf (ensure the preservation of passwords and other authorized access codes).
4.1.2. Falsifying your IP address, as well as the addresses used in other network protocols when transmitting data to the network.
4.1.3. Using non-existent return addresses when sending emails.