Odesa «___» ________ 202_.
Your contract number: _____________
Public Contract
for subscription service
The Contractor, on the one hand, and the Customer, on the other hand, have entered into this contract as follows:
1. SUBJECT OF THE CONTRACT
1.1. According to the terms of this Contract, the Contractor undertakes to provide information and technical services for hosting the Customer's resources on the Internet.
1.2. This Contract has the nature of a public offer and is the equivalent of an "oral contract", and in accordance with the current legislation of Ukraine, it has proper legal force.
2. GENERAL PROVISIONS
2.1. The Services mean the provision to the Customer of:
2.1.1. A unique name (hereinafter login) and password that allows managing services on the website https://skyitvps.cloud/. This information is sent to the Customer's contact email address after completing 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 Contractor's servers within the quota provided by the tariff plan.
2.1.3. Registration of domain names and their maintenance on the primary and secondary DNS name servers, if such a service is ordered on the official website https://skyitvps.cloud/.
2.1.4. The ability to organize email names with the amount 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. Necessary consultations for using the Service via email or phone.
2.2. The Customer gives consent to the storage and processing of personal data to ensure the implementation of relations in the field of informatization.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. OBLIGATIONS OF THE CONTRACTOR
3.1.1. Provide the Customer with Services according to the amount of the subscription fee paid in accordance with the procedure provided for in Section 4 of this Contract.
3.1.2. Register the Customer's account and provide them with a login and access password via email.
3.1.3. Maintain the confidentiality of the Customer's information received from them during registration, as well as the content of private email messages, except as provided 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://skyitvps.cloud/.
3.2. OBLIGATIONS OF THE CUSTOMER
3.2.1. Possess the minimum skills and knowledge necessary for the independent use of the Service.
3.2.2. Provide accurate information during registration and conclusion of the Contract.
3.2.3. Upon first request, provide the Contractor with scanned copies of a completed application and passport (pages 1, 2 and registration). An application under this Contract means a hand-written and signed request to the Contractor, the requirement to fill which is put forward in cases determined by the Contractor and brought to the attention of the Customer via emails and instructions on the website https://skyitvps.cloud/. A form of such an application is available for download by the Customer in their personal account on the website https://skyitvps.cloud/ or it can be written by the Customer in any form.
3.2.4. Promptly provide the Contractor with information about changes in details such as contact email address, phone number, and 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://skyitvps.cloud/, 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 to confirm your access rights.
3.2.6. Ensure the confidentiality of their login and password.
3.2.7. 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 service conditions and tariffs on the website https://skyitvps.cloud/.
3.2.8. In case of disagreement with the changes to the text of this contract, the Customer is obliged to notify the Contractor thereof within ten days from the date of receipt of the notice of changes.
3.2.9. Keep banking financial documents (payment orders, receipts, checks) confirming the payment made for the Services.
3.3.1. When ordering a dedicated server with a Windows Trial operating system, the Customer undertakes, after the trial period (180 days) expires, to purchase a licensed Windows operating system from another company that is an official distributor of the specified software.
3.3.2. When ordering a dedicated/virtual server with a Windows operating system, the Customer is obliged to provide the Contractor with the following information:
For individuals – registration number of the taxpayer's account card (TIN).
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 prepaying for the Contractor's Services in accordance with the terms of this Contract. Prepayment for the Contractor's services means the Customer's agreement with all 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 terms published on the website https://skyitvps.cloud/.
4.3. Payments are made according to the tariffs published on the website https://skyitvps.cloud/, as well as according to issued invoices, receipts, or other payment documents.
4.4. The Contractor has the right to unilaterally revise prices for Services, change service tariffs, and introduce new tariff plans. The Contractor notifies the Customer of the introduction of new prices or other changes by publishing information on the website https://skyitvps.cloud/. In the case of making an advance payment for the provision of services under this Contract, new prices for Services come into effect for the Customer after the expiration of the period for which the advance was made.
4.5. Services are provided subject to payment according to the selected tariff plan, upon receipt of payment to the Contractor's bank account.
4.6. Payment for Services is made by non-cash payments to the Contractor's bank account specified in Section 10 of this Contract.
4.6.1. When paying, the Customer is obliged to indicate in the payment document the purpose of the payment, which allows accurate identification of the Customer and the service being paid for – the current invoice number issued by the system, the true last name, first name, patronymic or company name. If the necessary information is not specified, the system will not be able to credit the funds and renew (register) the service. Crediting of funds in case of failure to specify the information necessary for payment identification is carried out manually after receiving a letter from the Customer indicating the necessary data and providing copies of payment documents and other data necessary for identification. Such crediting is carried out within 14 days from the date of receiving complete information from the Customer.
4.6.2. The Customer receives an invoice for payment of services independently on the website https://skyitvps.cloud/ and pays it within 10 days, indicating when paying the service for which the payment is being made and the purpose of the payment according to the issued payment document.
4.6.3. The Contractor provides a reminder about service renewal to the Customer via the email address specified during registration. The invoice must be paid no later than 5 days after the expiration of the service provision period.
4.6.4. The Customer is obliged to notify the Contractor by email of the date, payment amount, and which service the payment was made for.
4.6.5. In case of late payment or late notification to the Contractor about payment, the Contractor has the right to suspend the provision of services.
4.7. The Customer is solely responsible for the correctness of the payments they make. When the Contractor's bank details change, from the moment the new details are published on the website https://skyitvps.cloud/, the customer bears all negative consequences for payments made using outdated details.
4.8. The day of payment is considered the day the funds are credited to the Contractor's bank account.
4.9. In case of suspension of service provision due to non-payment, their renewal occurs within the business day following the day of payment.
4.9.1. In case of non-payment by the customer for services within 30 days from the date of their expiration, service renewal may be impossible. If service renewal is possible, it occurs for an additional fee established by the Contractor.
4.10. Funds received from persons specified in clause 7.8 of the Contract will be considered directed towards strengthening the defense capabilities of the Armed Forces of Ukraine, are non-refundable, and will be transferred to support the Ukrainian army.
4.11. By activating the "subscription services" function and adding a bank card, the Customer gives consent to the Contractor to withdraw money for the renewal of services each period according to the subscription terms.
5. SPECIAL CONDITIONS AND RESPONSIBILITY OF THE PARTIES
5.1. The Contractor does not guarantee absolute uninterrupted service and does not guarantee that the proposed software or any other materials are free from system errors. The Contractor makes all reasonable efforts and measures to prevent service interruptions or quality degradation.
5.2. The Contractor shall not be liable for direct or indirect damages caused to the Customer as a result of using or being unable to use the Services, or incurred as a result of errors, omissions, interruptions, file deletion, defects, delays in operation or data transmission, or changes in functions or other reasons. The Contractor does not guarantee the receipt of the Customer's mail from remote networks whose operation has resulted in the address of such network being added to lists under which the Contractor's mail delivery program does not receive mail.
5.3. The Contractor shall not be liable 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 distributed 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 any damages that may arise from its unauthorized use. In the event of theft of the login and password due to the fault of third parties, the Customer must send a request to change the password to the Contractor's address, with the mandatory attachment of the relevant financial document confirming payment for the Services. The Contractor shall not be liable for the actions of third parties that led to the theft, and to compensate for losses resulting from theft, the Customer must contact the relevant law enforcement authorities.
5.6. The Contractor shall not be liable for notifying any third parties about the Customer's loss of access to the service or for possible consequences arising from the absence of such notice.
5.7. The Contractor shall not be a defendant or co-defendant for any obligations and expenses related to the Customer's violation of the Contract terms 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 Contractor shall not be liable for the Customer's untimely receipt of Contractor's notices sent by email. The letter is considered received by the Customer on the day it is sent by the Contractor.
5.9. The Contractor, the Administrators of the Public Domain Registry, and the Operators of the Public Domain Registry with which domains are registered under this Contract shall not be liable for the consequences of the use or misuse of domain names by the Customer, including towards third parties, as well as in case of violation by the Customer of any third-party rights.
5.10. During the period of delegation of a domain name in the ua, kyiv.ua, kiev.ua, ivano-frankivsk.ua, if.ua, poltava.ua, pl.ua, uzhgorod.ua, uz.ua zones to the Customer under this contract, the Contractor adheres to the Domain Name Dispute Resolution Policy, the Rules for Domain Name Dispute Resolution Policy, and the World Intellectual Property Organization Supplemental Rules for Domain Name Dispute Resolution Policy in the specified zones, published at https://hostmaster.ua/policy/ua-drp.
Namely:
5.10.1. Provide the requested information to the WIPO Arbitration and Mediation Center, including confirmation that the disputed domain name is registered by the Contractor on behalf of the Customer, that the domain name is registered by an individual or legal entity specified as the respondent in the complaint, and provide the contact details of the registrant of the disputed domain name. If necessary, provide the domain name registration and maintenance agreement, 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. Comply with the decisions of the Administrative Panel of the WIPO Arbitration and Mediation Center, namely: change of registrant or registrar of the disputed domain or its complete deletion, if any such decision is made.
5.11. The Customer, during the domain name delegation period in the .ua, kyiv.ua, kiev.ua, ivano-frankivsk.ua, if.ua, poltava.ua, pl.ua, uzhgorod.ua, uz.ua zones, agrees to the .UA Domain Name Dispute Resolution Policy, the Rules for Domain Name Dispute Resolution Policy, and the World Intellectual Property Organization Supplemental Rules for UA Domain Name Dispute Resolution Policy, which are published at https://hostmaster.ua/policy/ua-drp.
5.12. When the Customer specifies personal data of third parties in the application for registration or redelegation of a domain in the administrative, technical, or financial contacts of the domain, the Customer guarantees that such personal data is specified with the consent of the personal data owners, in compliance with the current personal data protection norms established by the current legislation of Ukraine and/or the General Data Protection Regulation (GDPR), without violating the rights of third parties. The Customer undertakes to independently inform personal data subjects about the content, purposes, and scope of personal data collection, as well as the persons/organizations to which they are transferred.
6. PROCEDURE FOR CONSIDERING CLAIMS AND DISPUTES
6.1. Customer claims regarding the services provided are accepted for consideration by the Contractor only in written (electronic) form. The period for consideration of Customer claims shall not exceed 14 (fourteen) business days.
6.2. Consideration of claims against the Contractor related to the provision of Services is carried out subject to the Customer presenting relevant financial documents confirming payment for the Services.
6.3. To resolve technical issues regarding the Customer's fault due to their unlawful actions while using the Internet, the Contractor has the right to independently engage competent organizations as experts.
6.4. The parties shall resolve any contentious issues, disagreements, or claims that may arise regarding or in connection with this contract through negotiations.
6.5. If the parties fail to reach an agreement on contentious issues through negotiations, these issues shall be subject to judicial review according to the jurisdiction established by the legislation of Ukraine.
7. MOMENT OF CONTRACT CONCLUSION. TERM OF ITS VALIDITY. PROCEDURE FOR AMENDMENT AND TERMINATION
7.1. The Contract is considered concluded and comes into force from the moment the payment for the Services is made in the amount and manner established by this contract (except for 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 for the Contractor's services.
7.3. The Contractor has the right to unilaterally change the terms of this Contract by notifying the Customer thereof by publishing information on the website. These changes to the contract come into force immediately after they are published on the Contractor's website, unless the Customer has sent their reasoned objections to the change of contract terms. In this case, the changes to the Contract come into force after the parties have settled the disputed points.
7.4. In case of impossibility to settle disputed points related to changes in the terms of this Contract, the Contractor has the right to withdraw from the Contract and stop providing Services.
7.5. The Customer has the right to unilaterally refuse the Contractor's Services at any time.
7.6. In case of early termination of this Contract on the Customer's initiative, the balance of funds in the Customer's account is non-refundable. 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/renewal/transfer of domain names; rental of virtual, dedicated servers, and file storage; purchase of licenses, software, and paid SSL certificates.
7.8. The Contract cannot be concluded with:
a) legal entities whose beneficial owners are residents of a state recognized by the Verkhovna Rada of Ukraine as an aggressor state;
b) individuals and legal entities subject to special economic and other restrictive measures (sanctions) in accordance with the Law of Ukraine "On Sanctions";
c) individuals and legal entities of a state that has in any way occupied part of the territory of Ukraine or is committing aggression against Ukraine, recognized by the Verkhovna Rada of Ukraine as an aggressor state or 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 the event of violation and/or non-compliance by the Customer with certain terms of the contract and relevant appendices thereto.
8. CONSENT TO PERSONAL DATA PROCESSING
8.1. In order to comply with the requirements of the Law of Ukraine "On Personal Data Protection" No. 2297-VI of 01.06.2010, the Customer gives their consent to the Contractor to process the Customer's personal data.
8.2. The Contractor processes personal data by performing 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 for the Customer to receive services provided by the Contractor.
8.3. The Contractor undertakes to process the Customer's personal data in strict accordance with the legislation of Ukraine on personal data protection.
8.4. The Customer agrees that the Contractor has the right to depersonalize their personal data for transfer to other subjects of the domain name registration market. The Customer also agrees that the Contractor has the right to transfer their data to other subjects of the domain name registration market in a depersonalized form.
8.5. By this consent, the Customer authorizes the Contractor, as the Registrar, to publish their personal data in the databases of relevant services in the public domain on the Internet, necessary for the operation of services, services, and domains.
8.6. Withdrawal of consent to the processing of personal data can be carried out by sending an appropriate instruction by the Customer in simple written form to the Contractor's address. At the same time, the Customer agrees that such withdrawal may lead to 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 their personal data may be transferred to another Registrar or Public Domain Administrator if the operation being performed requires identification of the Customer as the domain name owner.
8.8. The Customer's rights regarding their personal data are defined in Article 8 of the Law of Ukraine "On Personal Data Protection".
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 – Internet Usage Standards, Appendix 2 – Terms of Service.
10. CONTRACTOR'S DETAILS
Services offered on the website https://skyitvps.cloud/ may be provided by various sole proprietors or legal entities. Below are the details of the counterparties from whom invoices and service agreements are issued:
Contractor – (Sole Proprietor Kuievda Kostiantyn Mykolaiovych)