Public contract | HOSTLIFE

The information below is an official proposal (offer) to any legal entity or individual to enter into a subscription service agreement. The specified agreement is public, that is, it is the equivalent of an “oral agreement” and, in accordance with the current legislation of Estonia, has proper legal force.
Full and unconditional acceptance of the terms of this Public Agreement is the fact that the Customer makes a payment for services and the Contractor receives the corresponding financial document confirming the fact of such payment.
If you agree with the terms of the Public Agreement, you can pay for services.
In this case, the contract will be considered concluded, and our company has accepted the obligation to provide paid services.

Terms used in this agreement

Server is a software and hardware computing system that performs service functions at the request of the client, providing him with access to certain resources.
Hosting is a service for providing disk space for the physical placement of information on a server that is constantly located on the Internet. Hosting is also a service for placing the client’s equipment on the provider’s premises, ensuring its connection to high-bandwidth communication channels (colocation). Hosting can be of several types: virtual hosting, virtual dedicated server (VPS or VDS), dedicated server, collocation. The type of hosting provided is specified by the Parties in the additional agreement to this agreement.

1. SUBJECT OF THE AGREEMENT

1.1. Under the Agreement, the Contractor undertakes to provide the Customer with hosting services, registration and support of domain names, hereinafter referred to as the Services. The description of the Services, their list and cost are published on the Contractor's website at http://www.hostlife.net. The Contractor's website is a public resource, i.e. one that all Internet users have access to.
1.2. The Customer undertakes to pay for the Services he has chosen in accordance with the Tariffs in effect at the time of receipt of the Services and specified in the additional agreement.
1.3. The customer is provided with:
a) a unique name and password that allows you to manage orders on the Contractor’s website, this information is sent to the Customer’s contact email address (e-mail) after completing the registration procedure;
b) obtaining the necessary data to connect to the Service and configure the software;
c) 24/7 phone, email and instant messaging support.
1.4. The Services do not include the provision of the ability to receive and transmit electronic messages from the Customer in the Contractor's office, setting up or diagnosing the Customer's personal computer, modem and software, both in the Contractor's office and on-site to the Customer, as well as training in Internet skills.
1.5. The contractor is a payer of income tax on a general basis.

2. CONDITIONS AND PROCEDURE FOR DOMAIN NAME REGISTRATION

2.1. Registration of domain names is carried out in accordance with the Agreement, as well as the procedure for performing registration actions established by the Contractor and published on the Contractor’s website.
2.2. The Contractor registers a domain name on the basis of an Agreement concluded with domain registrars: “PDR Ltd. d/b/a PublicDomainRegistry.com", SERVICE ONLINE LLC and other registration organizations.
2.3. A new domain name is registered if all the necessary conditions, rules and regulations for its registration are met, in particular:
• at the time of registration such a domain name is free;
• generally accepted moral and ethical standards are not violated;
• the application contains complete and correct information required for registration;
• the rules of this domain zone are observed.
2.4. Only if there is a written application and upon provision of Supporting Documents, the Contractor fulfills the Customer’s requests:
(1) to change the information required to identify the Domain Administrator;
(2) to transfer domain support to another registrar;
(3) to transfer domain administration rights to another administrator;
(4) to waive administration rights (cancellation of registration).
2.5. “Supporting documents” in the Agreement means documents confirming the information necessary to identify the Customer.
2.5.1. For a legal entity: copies certified by the seal of the legal entity and the signature of the authorized body:
- certificate of state registration (for a foreign legal entity - another document on registration or assignment of a number in the register of legal entities, if this register is maintained in the country where the entity was created);
- certificate of registration with the tax authority (TIN) (for a foreign legal entity - another document on tax registration, in the case of maintaining this type of accounting in the country where the entity was created);
- a document (minutes of a general meeting of participants, a participant’s decision or other document) on the appointment of a person who, on the basis of the Charter, has the right to act on behalf of a legal entity without a power of attorney, a Power of Attorney on the basis of which the Customer’s representative acts;
- extracts from the regulations on the branch/representative office, on the establishment of a separate division (for separate divisions of legal entities - in addition to the above documents).
2.5.2. For an individual:
- copy of passport and tax identification number (TIN);
- original power of attorney, if the Agreement is concluded on the basis of a power of attorney.
2.6. The domain is considered registered, and the domain registration service is provided from the moment the registered domain is assigned the registered status in the Register (REGISTERED).
2.7. The service for renewing a domain registration is considered provided at the moment the information about the renewal of registration is entered into the Register. In this case, as a rule, the domain registration is extended for 1 (one) year, from the previously established expiration date of the domain registration.
2.8. Under the Agreement, the Customer has the right to register any number of domains in his name.
2.9. The Customer confirms that at the time of each application for domain registration, according to his information, neither the registration of a domain name, nor the procedure for its use, does not violate the intellectual property rights of third parties.

3. PROCEDURE FOR PROVISION AND ACCOUNTING OF SERVICES PROVIDED

3.1. Having selected the type of Service, the Customer sends an application to the Contractor to receive the Services, in accordance with the form provided on the Contractor's website. Based on the received application, the Contractor issues an invoice to the Customer for payment for the selected Service.
3.2. Services are provided to the Customer during the term of the Agreement, subject to the presence of a positive balance on the Customer’s personal account (hereinafter referred to as “PA”).
3.3. The Contractor takes into account all information about the consumed Services and the Customer’s payments on the LAN. Accounting is maintained in conventional units (hereinafter referred to as “cu”), according to the rate published on the Contractor’s website.
3.4. The Contractor provides the Customer with access to information on the Customer’s LAN.
3.5. A printout of the Customer’s medicinal product serves as confirmation of the Contractor’s provision of Services under the Agreement.
3.6. If funds for the Customer's LAN are completely exhausted, the provision of Services to the Customer is suspended. The provision of Services to the Customer is resumed after making an advance payment.
3.7. The Customer's requests are considered authorized (verified) and fulfilled by the Contractor if they are sent from the service area (billing account) on the Contractor's website. The Customer has access to the service area only using his login and password. The password is not known to the Contractor and only the Customer knows it; the password can be changed by the Customer on the Contractor’s website at any time independently.
3.8. The contact electronic address (e-mail) is considered to be the address specified when registering the Customer in the registration form on the Contractor’s website. Changing the contact e-mail is carried out by the Customer independently through a personal account on the Contractor’s website.

4. TERMS OF SERVICE "VIRTUAL HOSTING"

4.1. The Contractor provides virtual hosting and provides the Customer with the necessary data for its management no later than 1 (one) calendar day from the date of receipt of payment from the Customer.
4.2. The Customer makes payment for the Services within 5 (five) banking days from the date of signing this additional agreement. Payment for the Services is made once for the entire duration of the Services.
4.3. The cost of the Services is determined based on the Tariff plan chosen by the Customer.
4.4. The validity period of the Service ranges from 1 to 36 months.
4.5. Once the Customer reaches a zero personal account balance, the Contractor sends a notification to the Customer via the registration email address about the need to pay for the Services provided and a warning about the suspension of the provision of Services in case of non-payment.
4.6. In this case, the Contractor suspends the Customer's service, storing the Customer's data on the server for one month.
4.7. The customer agrees to adhere to the following restrictions:
a) the volume of outgoing mail from one account should not exceed the threshold of 500 letters in 24 hours and/or 25 letters in 1 hour;
b) the acceptable disk quota for one account is 200 GB for Premium group tariff plans and 100 GB for Standard and CMS group tariff plans;
d) backup of one account is performed only with a data volume of up to 10 GB and/or 100 thousand inodes on the Standard and CMS group tariff plans, as well as up to 20 GB and/or 200 thousand inodes on the group tariff plans Premium.
If the above standards are exceeded, the Contractor reserves the right to offer the Customer change the current type of service to one with large permitted server resources.
In the event that the Customer decides to refuse the proposed transition, such a decision may be considered By the Contractor, as a decision to unilaterally refuse the services provided. In this case The parties are guided by the clauses of Section 12 of this Agreement.

5. TERMS OF SERVICE "VIRTUAL SERVER (VPS/VDS)"

5.1. Within 3 (three) business days from the date of prepayment by the Customer for the Services under this Agreement, a virtual dedicated server (or VPS/VDS) will be installed and configured on a site provided with a permanent connection to the Contractor’s local network and an administrative password for the server will be sent to the Customer’s email address specified when ordering Services.
5.2. The cost of the Services is determined based on the Tariff plan chosen by the Customer.
5.3. The validity period of the Service is 1 to 12 months.
5.4. The Contractor installs an operating system on the server from among the available systems with a free license.
5.5. Installing and configuring the operating system includes the following items:
- Partitioning the hard drive into partitions.
- Formatting sections.
- Installation of the operating system in a minimum amount sufficient for the functioning of the network and remote server management tools.
- Connection to a virtual network (setting the IP address, default gateway, network mask, name server address).
- Setting a password for the system administrator.
- Setting up remote server management tools. In the Windows operating system, the remote terminal service is used as such; in other systems, such as Linux, FreeBSD, etc., SSH (Secure Shell) is used.
5.6. A few days before the expiration of the Service, the Contractor sends a notification to the Customer at the registration email address about the need to pay for the Services provided and a warning about the suspension of the Services in case of late payment. When the Customer reaches a zero personal account balance, the Contractor suspends servicing the Customer.
5.7. In this case, the Contractor can save the Customer’s data for a few more days, but is not obliged to do so.

6. TERMS OF SERVICE "DEDICATED SERVER"

6.1. Within 5 (five) business days from the date of prepayment by the Customer for the Services under this Agreement, the server will be installed and configured on a site provided with a permanent connection to the Contractor’s local network and an administrative password for the server will be sent to the Customer’s email address specified when ordering the Services.
6.2. The cost of the Services is determined based on the Tariff plan chosen by the Customer.
6.3. The validity period of the Service is from 1 to 12 months.
6.4. The server is connected to an Ethernet switch via a category 5 twisted pair cable (RJ-45 connector). The server is connected at a speed of 100 Mbit/sec in “half-duplex” or “full-duplex” modes; the connection mode is determined by the Customer; the cost of the Services is determined based on the one chosen by the Customer.
6.5. Correct operation of the switch port is ensured at peak load of no more than 70% of the installed port capacity. Based on the connection results, no data transmission errors should be recorded on the switch port provided to the Customer. A high error rate on a switch port (more than 10% errors) is grounds for service suspension.
6.6. In the event of a failure of components that are part of a dedicated server, the Contractor undertakes, at its own expense, to replace all failed parts with similar ones within 3 business days. If the Contractor does not have the necessary spare parts, it is possible to temporarily use more capacious/fast parts. The deadline for fulfilling obligations to provide the service is proportionately postponed to the period of repair of the dedicated server if more than 12 hours have passed from the moment the server fails until the completion of the repair work.
6.7. The Contractor installs an operating system on the server from among the available systems with a free license. If the Customer requires a different operating system, then the necessary license and distribution of the operating system are provided by the Customer.
6.8. Installing and configuring the operating system includes the following items:
- Partitioning the hard drive into partitions.
- Formatting sections.
- Installation of the operating system in a minimum amount sufficient for the functioning of the network and remote server management tools.
- Setting up the network card (setting the IP address, default gateway, network mask, name server address).
- Setting a password for the system administrator.
- Setting up remote server management tools. In the Windows operating system, the remote terminal service is used as such; in other systems, such as Linux, FreeBSD, etc., SSH (Secure Shell) is used.
The server is assembled and completed by the Contractor; all the necessary components of the server, not specified in this application, are chosen by him at his own discretion.
6.9. A few days before the expiration of the Service, the Contractor sends a notification to the Customer at the registration email address about the need to pay for the Services provided and a warning about the suspension of the Services in case of late payment. When the Customer reaches a zero personal account balance, the Contractor suspends servicing the Customer.
6.10. In this case, the Contractor can save the Customer’s data for a few more days, but is not obliged to do so.

7. CONTRACT PRICE AND PAYMENT PROCEDURE

7.1. The cost of the Services is indicated in the additional agreement, which is an integral part of the Agreement.
7.2. Payment for Services is made in the form of an advance payment to the current account, according to the invoice. Also, payment can be made by the Customer using international payment systems in real time on the Contractor’s website or in another way.
7.3. Payment is made for a period calculated in months. The minimum period for which payment is made is 1 month. The subscription fee is a fixed payment and is paid by the Customer regardless of the fact of receiving the Services.
7.4. When the Customer issues payment documents in the “Purpose of payment” section, a reference to the account number is required. In the absence of a link to the account, the Contractor does not guarantee that the received amounts will be credited to the balance of the Customer's personal account, and the receipt of the payment document is not recognized as acceptance of the Agreement within the meaning of clause 9.1, and the agreement accordingly does not come into force.
7.5. The fact of payment for the Services is considered confirmed, and the Customer’s drugs are replenished - after receipt of information from the bank about the transfer of funds to the Contractor’s current account, subject to mandatory compliance with the conditions of clause 4.4. 7.6. The customer is solely responsible for the accuracy of the payments he makes. If the Contractor's bank details change, from the moment the new details are published on the Contractor's website and notified to the contact email address (e-mail), the Customer is independently responsible for payments made using outdated details.
7.7. Refunds are made by the Contractor within 10 banking days from the date of receipt of the application in the cases specified in the contract.
The Contractor undertakes to return the unspent part of the funds for full months of service in the following cases if:
a) more than 30 calendar days have not passed from the date of conclusion of the contract and/or payment for the order;
b) the refund is made for virtual hosting services or rental of a virtual dedicated server;
c) this is the Customer’s only and first order, and the Customer has not previously refused this type of service.
If the Customer received gifts and bonuses along with the order, an amount equivalent to the value of the received gifts and bonuses is deducted from the refunded amount.
7.8. In the event of cancellation of the registration of a domain name before the end of its validity period, as well as in the case of transfer of the domain name to another person, including by court decision, funds for services for registration/renewal of registration of such a domain name will not be returned.

8. RIGHTS AND OBLIGATIONS OF THE PARTIES

8.1. The Contractor undertakes:
8.1.1. Provide round-the-clock storage, maintenance and monitoring of the performance of the equipment on which the Customer’s resources are located during the entire term of the Agreement.
8.1.2. Notify the Customer about attempts to hack the Server, if repelling these attempts required special actions by the Contractor.
8.2. The performer has the right:
8.2.1. Change the cost of the Services unilaterally, with mandatory notification to the Customer of the changes made via email at least 10 calendar days before they come into force. If no objections are received from the Customer, the changes are considered accepted by the Customer.
8.2.2. Involve third parties to fulfill their obligations under the Agreement, while remaining responsible to the Customer.
8.2.3. Temporarily stop providing the Services to the Customer if advance payment for the Services is not received;
8.2.4. Terminate the provision of Services to the Customer, without refund, in the following cases:
• actions aimed at restricting or preventing other users from accessing the Services, as well as attempting unauthorized access to the Contractor’s resources and other systems accessible via the Internet;
• sending any information via the Internet that contradicts the requirements of Estonian legislation or international law. Mailing refers to both mass mailing of several emails to multiple recipients, and multiple mailing to one recipient, as well as the use of details (web pages, e-mail) located on the Contractor’s servers for similar mailings made through another Provider. Messages mean email messages, ICQ and other similar means of personal exchange of information;
• publishing or transmitting any information or software that contains computer viruses or other components equivalent to them;
• actions aimed at using, sending, publishing, transmitting, reproducing, providing or distributing in any way information, software or other materials obtained through the Services, in whole or in part, protected by copyright or other rights, without the permission of the owner, as well as and send, publish, transmit or distribute in any way any component of the Services provided or works created on its basis, since the Services themselves are also subject to copyright and other rights, subject to a written request from the owner of such rights to limit the listed actions;
• publication and transmission via the Internet of any information that contradicts current Estonian or international legislation.
8.2.5. In case of increased (excessive) requirements of the Customer for hardware and other resources provided within the framework of the ordered service, offer the Customer a transition to another Tariff plan, and if the Customer refuses, terminate its service with the return of unused funds by the Customer in accordance with clause 7.7.
8.3. The customer undertakes:
8.3.1. Submit a request for Services on the Contractor's website from your workplace. Fill in all required fields of the order form with accurate information. The Contractor is not responsible for the consequences arising due to incorrect information entered. If it is necessary to verify the authenticity of the Customer's identity, provide all the data requested by the Contractor to conduct such verification. Comply with the requirements set out in the Agreement.
8.3.2. Make timely prepayment for the Services received.
8.3.3. Monitor the condition of your medication independently.
8.3.4. Retain relevant financial documents confirming payment for Services.
8.3.5. Sign certificates of services provided, work performed and send them to the Contractor within 3 (three) working days from the date of their receipt, and in case of disagreement, send the Contractor a reasoned refusal to sign the Certificate, and in the event that the Contractor does not receive a signed certificate or a reasoned refusal to sign Certificate within 5 (five) working days, it is considered that the services provided or work performed comply with the requirements of the contract and are accepted by the consumer in full, which is confirmed by the certificate of services provided, which is signed by the Contractor.
8.3.6. Ensure compliance with netiquette yourself. For its part, the Contractor undertakes not to take any action against the Customer’s clients regarding detected violations earlier than 24 hours from the moment of their discovery.
8.3.7. When using the Services, comply with the requirements of the current legislation of Estonia and international legislation, including not posting illegal materials on the site

9. RESPONSIBILITY OF THE PARTIES

9.1. For failure to fulfill or improper fulfillment of obligations under the Agreement, the Contractor and the Customer bear financial liability in accordance with the current legislation of Estonia.
9.2. The Contractor is not responsible for the quality of public communication channels through which the Customer accesses the Services, and also does not guarantee the acceptance of the Customer’s mail from remote networks, the functioning of which has led to the inclusion of the address of such a network in the lists through which the Contractor’s mail delivery program does not accept mail.
9.3. The customer is fully responsible for the safety of his password and for losses that may arise due to its unauthorized use. In the event of the theft of a login and password due to the fault of third parties, the Customer is obliged to send to the Contractor an application to change the login and password, with the obligatory attachment to the application of a corresponding financial document confirming payment for the Services. The Contractor is not responsible for the actions of third parties that led to the theft of one or another Customer information.
9.4. In the event of a violation by the Customer of the provisions of clause 5.3.6 of the Agreement and claims from third parties against the Contractor, the Contractor has the right to suspend or terminate the provision of Services (with unilateral termination of the Agreement), and the Customer undertakes to independently settle these claims and compensate the Contractor for the damage caused these actions cause damage.
9.5. The Contractor is not responsible for violation by the Customer of copyright, related and other rights of third parties.
9.6. The Customer bears the full risk of the consequences of actions performed through the Contractor's web interface using the Customer's authorization data, including issuing an invoice, changing personal settings, as well as other actions that may entail financial or technical consequences.
9.7. The Contractor is responsible for the Customer’s inability to receive the ordered Services only if the impossibility of receiving them was due to the direct fault of the Contractor. The Contractor's liability cannot exceed an amount equal to the cost of the Services not received by the Customer.
9.8. Except as expressly stated in the Agreement, neither the Contractor nor the Customer will transfer their rights and obligations under this Agreement without the prior written consent of the other Party.
9.9. During the term of the Agreement, the Parties undertake to limit the access of third parties without a legal basis, as well as employees and officials who do not participate in the fulfillment of obligations under the Agreement, and to protect the confidentiality of information constituting a trade secret and transferred to each other in the course of fulfilling obligations under the Agreement. this Agreement. Information is considered confidential and constitutes a trade secret of the Party that transferred it if it is clearly stated that this information is confidential. The parties understand that the subject of the Agreement is, as a rule, the public posting of the Customer’s information on the Internet and confidentiality can only constitute the Customer’s personal data.

10. PROCEDURE FOR CONSIDERATION OF CLAIMS AND DISPUTES

10.1. The Customer's claims regarding the Services received are accepted by the Contractor for consideration only in writing and no later than 3 business days from the date of the dispute. The term for consideration of the Customer's claims is 30 (thirty) working days.
10.2. Consideration of claims related to the provision of Services is carried out upon presentation by the Customer of relevant financial documents confirming payment for the Services.
10.3. To resolve technical issues in determining the Customer’s guilt as a result of his unlawful actions when using the Internet, the Contractor has the right to independently involve competent organizations as experts.
10.4. Disputes arising regarding domain names are considered according to the procedure provided for in the relevant section of the current rules of domain zones published on the official website of the domain administration at its current address on the Internet.
10.5. When considering disputes, as evidence, the parties have the right to provide printed electronic letters (e-mails), with stored technical technical information in them (headers). If official technical information (headings) is missing, such a letter is not evidence. The correctness of the email headers can be confirmed by the Provider through which the corresponding email was sent or by independent experts.

11. FORCE MAJEURE

11.1. The parties are released from liability for complete or partial failure to fulfill obligations under this agreement if they prove that it was the result of force majeure circumstances, namely: natural disasters, war or hostilities, damage or malfunction of communication lines, changes in legislation or others beyond the control Parties, extraordinary and inevitable circumstances that occurred against their will, and provided that these circumstances directly affected the execution of the Agreement.
11.2. The Party for which it is impossible to fulfill its obligations under the Agreement must immediately give written notice to the other Party of the occurrence and termination of force majeure circumstances.
11.3. The deadlines for fulfilling obligations in the event of the occurrence of force majeure circumstances are postponed in proportion to the time during which such circumstances persist. If these circumstances last for more than 3 (three) consecutive months, this Agreement may be terminated at the initiative of one of the parties by sending a notice to the other Party, and neither Party has the right to demand compensation for losses from the other Party.
11.4. The presence of force majeure circumstances is confirmed by the official conclusion of the authorized body of Estonia.

12. VALIDITY AND PROCEDURE FOR TERMINATION OF A PUBLIC AGREEMENT

12.1. The Agreement comes into force from the moment the first advance payment is received into the Contractor's bank account and is valid for 365 days. If none of the Parties notified the other Party of the desire to terminate or revise the Agreement 10 calendar days before the expiration of the Agreement, its validity is considered extended for the same period.
12.2. The Agreement may be terminated by agreement of the Parties.
12.3. In the event of a violation by one of the Parties of the terms of the Agreement, the other Party has the right to unilaterally terminate the Agreement, of which it notifies the Party that violated the terms of the Agreement in writing at least 14 calendar days in advance.
12.4. The Customer has the right to unilaterally refuse the Contractor's Services at any time. In this case, the Customer is obliged to notify the Contractor of the desire to terminate the Agreement 30 calendar days before the date of termination of the Agreement and pay off the financial debt, if any.
12.5. In case of early termination of the provision of Services, the Customer will be refunded unspent funds for a full month of service in accordance with clause 7.7.
12.6. Upon termination of the Agreement or expiration of its validity period, all information of the Customer available in electronic form from the Contractor is deleted within one business day from the date of termination (expiration) of the Agreement.

CONTRACTOR DETAILS:

Perfect Hosting Group OÜ
Padriku tee 12/3-4, 11912 Tallinn, Estonia
Телефон: +18557773900
TRANSFERWISE EUROPE SA NV
SWIFT: TRWIBEB1XXX
IBAN: BE88967238452941

ФОП Бабічев Сергій Едуардович
м. Київ, вул. Новогоспітальна, 5, 63
УНИВЕРСАЛ БАНК
IBAN UA843220010000026007330042394
ЕГРПОУ 3181501237

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