Agreement
OFFER AGREEMENT (Public Offer) for Hosting Services from IPSERVER.SU
IPCSERVER LP, registered in the United Kingdom, and IPSERVER LLC, registered in accordance with the legislation of the Russian Federation, hereinafter referred to as "Provider", hereby publish the Service Provision Agreement (hereinafter referred to as "Agreement"), which is a offer agreement/public offer (proposal) for individuals and legal entities, hereinafter referred to as "Customer".
1. Subject of the Agreement
2. Conclusion of the Agreement and Legal Force of Documents
3. Obligations of the Parties
3.1.2. In case of any interruption in the provision of the paid Services, take all possible measures to eliminate the causes of the interruption and restore the provision of Services as soon as possible.
3.1.6. Ensure stable quality of the provided Services and respond to the Customer's inquiries within a reasonable timeframe.
3.1.7. Provide the Customer with the ability to contact technical support throughout the term of this Agreement.
3.2. The Customer undertakes:
4. Responsibilities of the Parties
4.1. The Customer bears full responsibility for the content of the information transmitted by them or by any other person using their account credentials (login and other authorization information) via the Internet and on the Provider's resources. The Customer guarantees the accuracy of the provided information, its compliance with the law, and the absence of claims from third parties. The Provider is not responsible for the content of the information transmitted by the Customer.
4.2. The Customer, while using the Provider's Services and the Internet, is responsible for any actions that cause harm to individuals or property of citizens, legal entities, the state, or that violate the moral norms of society.
4.3. The Provider reserves the right to temporarily suspend the provision of Services to the Customer in the event of the Customer violating the Rules for Using the Services established by this Agreement.
4.4. The Provider is not liable to the Customer for delays, interruptions, and the inability to fully utilize the Provider's resources caused by the actions or inactions of third parties and/or the malfunctioning of transport and information channels beyond the Provider's infrastructure.
4.5. The Provider has the right to suspend the provision of Services for the time necessary to carry out preventive and scheduled maintenance on the equipment. The Provider is obligated to notify the Customer at least 24 hours before the start of such work. The Provider commits to conducting such work during nighttime hours to minimize the impact on the Customer.
4.6. The Provider is not responsible for the quality of communication lines if they are provided by a third party.
4.7. The Provider is not liable for lost profits and any indirect losses of the Customer during the use or non-use of the Provider's Services. The Provider is liable for damages caused to the Customer as a result of the use or non-use of the Services only in the case of proven direct fault of the Provider and in accordance with the terms of the Service Level Agreement.
4.8. The Provider is not responsible for the information transmitted by the Customer, as it does not initiate its transmission, does not choose the recipient, and does not influence the integrity of the transmitted information, as well as takes measures to prevent violations of copyright and other exclusive rights.
4.9. In the event of the Customer violating the terms of the Agreement and/or using the Provider's Services for purposes contrary to the laws of the United Kingdom and the Russian Federation or the country where the Service is hosted, the Provider has the right to terminate the Agreement and cease providing the Services without the right to reinstatement. The funds for the remaining period will not be refunded to the Customer.
4.10. In the event of refusal of the Service and refund of funds, if the Provider incurred losses due to the Customer's fault (including server or network disconnections, IP address being blacklisted, etc.), the Provider has the right to withhold from the refund the total amount of incurred costs.
4.11. The Customer is responsible for public statements and actions directed against the Provider and its reputation. In case of offensive or negative statements by the Customer, the Provider has the right to suspend the provision of Services and demand a retraction of the published materials in the same source.
4.12. The Customer bears full responsibility for the operation of the server's file system, software, and all information hosted on the server.
4.13. The Provider is not responsible for the loss or damage of the Customer's information hosted on the server, even if an Administration Service was ordered.
4.14. The Provider is responsible for executing full image backups of the Virtual Server (Snapshot) if this option is enabled and configured by the Customer in the Client Area.
4.15. The Provider is not responsible for backups made by the Customer directly from the server to FTP or another source.
4.16. The Provider has the right to deduct funds from the Customer's internal balance to settle debts.
4.17. In the case of a billing system failure in the Client Area, if incorrect invoices were issued for this reason, the Provider has the right to issue an invoice to the Customer for the difference. The Customer agrees to pay the issued invoice within 30 calendar days.
5. Force Majeure
6. Term of the Agreement
6.1. This Agreement may be terminated unilaterally by the Provider in the following cases::
- if the Customer breaches the terms of this Agreement;
- if the Customer engages in technical or other actions not provided for in the Agreement and not authorized by the Provider, resulting in or potentially resulting in damages to the Provider or third parties;
- in the event of the Customer's insolvency (bankruptcy);
- in other cases provided for by the current legislation of the United Kingdom and the Russian Federation.
6.2. This Agreement may be terminated at the initiative of the Customer in the following cases:
- if the advance payment for the provision of a virtual server is not made within 7 days from the moment of suspension of services;
- if the advance payment for the provision of a dedicated server is not made before the exhaustion of the service volume (expiration of the service period);
- or based on a notice sent to the Provider in writing or electronically (to the email address specified on the Provider's website or through the Client's Area).
6.3. Upon termination of this Agreement, all information stored on the dedicated or virtual server, uploaded by the Customer, will be deleted from the Provider's resources without further notice. The Customer acknowledges and accepts that the Provider shall not be liable for any losses related to data loss resulting from the termination of the Agreement.
7. Dispute resolution
7.1. All disputes and disagreements that may arise in connection with the performance of this Agreement shall be resolved through good faith negotiations between the parties. The party wishing to initiate negotiations must send written notice to the other party regarding the dispute, outlining its essence.
7.2. If the disputes and disagreements cannot be resolved through negotiations within 30 (thirty) days from the date of receipt of the notice, they shall be referred to the Arbitration Court of the city of Moscow in accordance with the current legislation of the Russian Federation, while the parties may also refer to the relevant legislation of the United Kingdom, if necessary.
7.3. The parties undertake not to disclose information about the course and content of the dispute, except in cases where disclosure is required by law or by court order, as well as for the protection of their rights in arbitration or court.
7.4. In the event that one of the parties fails to fulfill the obligations arising from the decision of the arbitration court, the other party has the right to enforce such a decision in accordance with the legislation of the jurisdiction where the enforcement takes place.
Annex 1: Privacy
Annex 2: Legal details
Annex 3: Terms of Service
Annex 4: Acceptable Usage Policy
Annex 5: SLA