Agreement
AGREEMENT (the public offer) for hosting services from IPSERVER.su
IPСSERVER LP and IPSERVER LLC, hereinafter referred to as "Provider", publish this Service Agreement (hereinafter referred to as the "Agreement"), that is a public contract-offer (offer) to the address of individuals and legal entities, hereinafter referred to as "Customer".
1. Subject of the agreement
1.1. The Provider agrees to provide hosting services to the Customer, as well as other services specified in the Agreement, and the Customer, in turn, is obliged to accept and pay for these services.
1.2. The Services include following:
- Provision to the Customer of virtual servers (VPS/VDS) with full administrative access.
- Provision to the Customer of physical servers with full administrative access.
- Provision to the Customer of a virtual physical space for storing backup information (FTP access).
- Provision to the Customer of Primary and Secondary DNS for delegation of domains, as well as access to DNSManager for NS records managing.
- Provision to the Customer of Microsoft software under the SPLA program.
- Provision to the Customer of Service for administration and configuration of server software (managed support).
1.3. Specifications and parameters of provided services are specified in the Client area -> Services -> Services Number.
3.2. The Customer undertakes:
2. Time of conclusion of the Agreement and the legal validity of documents
2.1. The text of this Agreement is a public offer.
2.2. The offer acceptance is the receipt of attributes of access rights to the Provider's own resources, or to individual services and / or payment for ordered services by prepayment in the manner determined by this Agreement.
The acceptance by the Customer of this Agreement means that he/she agrees with all provisions of this Agreement and its annexes.
In this case, when a Customer registers on the Provider's website to order the Service, he/she is obliged to fill in all requested data and confirm the correctness of this information with the acceptance of this offer.
2.3. According to this Agreement, the parties recognize the validity of the texts of documents received via electronic communication channels, along with documents executed in simple written form. An exception to this rule is the exchange of claims, as well as documents for which a written printed form of the document is required.
2.4. Electronic communication channels in terms of this Agreement are e-mails with the contact addresses specified in this Agreement, as well as the Provider's web-server: https://www.ipserver.su. If in this Agreement there are no contact addresses of the Customer or contact addresses were changed on the initiative of the Customer, then the e-mail addresses reported to the Contractor using the password chosen by the Customer or set by the Customer independently in the corresponding section of the Client area will be considered as contact addresses.
2.5. The Parties shall take full responsibility for the actions of employees who have access to communication channels.
3. Legal Obligations of Parties
3.1. The Provider undertakes:
3.1.1. To provide the Customer with the paid Services in full in the terms agreed by the Parties.
3.1.2. In the event in the provision of paid services take all possible measures to eliminate the reasons of a break and resume the provision of the Services.
3.1.2. In the event in the provision of paid services take all possible measures to eliminate the reasons of a break and resume the provision of the Services.
3.1.3. To keep confidential the Customer's information received from him during registration, as well as the contents of private reports of electronic mail, except as specified, provided by the current legislation of the Russian Federations and Great Britain.
3.1.4. To notify the Customer about all additions and changes in this Agreement and about all its Appendices at least 15 days prior to the commencement of their operation by publishing these changes on the web server at: https://www.ipserver.su.
3.1.5. The Provider has the right to suspend the provision of the Services for the period necessary for preventive and routine maintenance of the equipment, notifying the Customer thereof at least one day before the beginning of such work. The Provider undertakes to conduct the work at night.
3.2. The Customer undertakes:
3.2.1. To fulfill the requirements set forth in this Agreement and its Annexes.
3.2.2. To pay bills for the Services on time.
3.2.3. To respect the Acceptable Usage, which is an integral part of this agreement.
3.2.4. To respect the Terms of Service, which is an integral part of this agreement.
3.2.5. To send a scan or photo copy of the identity document (for individuals), for legal entities - certified copies of documents confirming the proper registration and registration of a legal entity on the tax account and the eligibility of its representative upon the request of the Provider. If the Customer does not fulfill this obligation, the Provider is entitled to suspend or restrict the provision of services to the Customer until the granting of the required documents. In case of doubt about the reliability of the data provided by the Customer, the Provider is entitled to request additional information and (or) to confirm the provided information, during the whole period of the Service.
4. Liability of the Parties
4.1. The Customer is responsible for the content transmitted by him or another person under his/her network credentials (a set of network names-login and other information authorizing the Customer) through the Internet and own Provider resources: for its reliability, free of claims of third parties and legitimacy of its distribution. The Provider is not responsible for the content transmitted by the Customer through the Internet and the Provider's own resources.
4.2. The Customer, using the Provider Services and the Internet, is independently responsible for the harm caused by his acts (personally or by another person under his network credentials) of the person or property of citizens, legal entities, state or moral principles Society.
4.3. The Provider reserves the right to temporarily terminate the provision of Services to the Customer in case of Customer's violation of the Rules of Use of Services defined by this agreement.
4.4. The Provider shall not be liable to the Customer for delays, interruptions in work and inability to make full use of the Provider's own resources, occurring directly or indirectly due to the actions or omissions of third parties and/or inoperability of the transport data channels outside the Provider's own resources.
4.5. The Provider is not responsible for the quality of carrier lines, if they are provided by other organizations.
4.6. The Provider shall not be liable for lost profits and any consequential losses incurred by the Customer during the period of use or non-use of Services/Works of the Provider (full or partial). The Provider is responsible for the damage suffered by the Customer explicitly or indirectly as a result of the use or non-use of Services/Works of the Provider (full or partial) only if the direct fault of the Provider is established based on the SLA.
4.7. The Provider is not responsible for the data transmitted by the Customer, as it does not initiate its transfer, does not choose the recipient of the information, does not affect the integrity of the transferred data, nor takes measures to prevent the use of Objects of copyright and other exclusive rights without the consent of the right holder.
4.8. If the Customer violates the Terms of the Agreement and/or Terms of the Services of the Provider for purposes contrary to the laws of the country, where the Service is located, the Provider has the right to terminate this Agreement and terminate the Services of the Customer without the right to renew the Service. In this case, the Customer does not receive a refund for the rest of the period.
4.9. If the Customer has canceled the Service and requires a refund, while the Provider has incurred losses through the Customer's fault, including disconnection of servers or networks, IP inclusion to the black-list, etc., then the Provider has the right to withhold the full cost of the costs incurred from the refund amount.
4.10. The Customer is responsible for his public statements and actions directed against the Provider and his reputation. In case of detection of insulting and other negative statements by the Customer, the Provider has the right to suspend the services and to demand a refutation, placed in the same source in which the discrediting provider's statements were published.
4.11. The Customer is fully responsible for the operation of the file system of the server, any software, as well as all information placed on the server.
4.12. The Provider is not responsible for the loss and/or damage to the Customer's data hosted on the server, even if the Service Administration is purchased.
4.13. The Provider is responsible for backup copies of the full Virtual Server image (Snapshot), if this option is enabled and configured by the Customer in the Client Area.
4.14. The Provider is not responsible for the execution of backup copies carried out directly from the Customer's server to FTP or another source.
4.15. The Provider has the right to charge payment against debt from the Customer's account balance.
4.16. In case of failure of the billing system in the Client Area, and if, due to this, the system created incorrect invoices, the Provider is entitled to issue an invoice for the difference to the Customer. The Customer at the same time undertakes to pay off the invoice within 30 days.
4.15. The Provider has the right to charge payment against debt from the Customer's account balance.
4.16. In case of failure of the billing system in the Client Area, and if, due to this, the system created incorrect invoices, the Provider is entitled to issue an invoice for the difference to the Customer. The Customer at the same time undertakes to pay off the invoice within 30 days.
5. Force Majeure
5.1. In the event of force majeure precluding or objectively impeding the performance of this Agreement, the Parties shall have no reciprocal claims, and each Party shall assume its risk of the consequences of these circumstances.
6. Term of the Agreement
6.1. This Agreement may be terminated unilaterally at the initiative of the Provider, including:
If the Customer violates the terms of this Agreement.
when the Customer performs technical or other actions not provided for in the Contract, not authorized by the Provider, which have caused or may cause losses to the Provider or third parties.
In case of insolvency (bankruptcy) of the Customer.
In other cases provided for by law.
6.2. This Agreement may be terminated at the Customer's initiative:
By not making an advance payment for the provision of a virtual server within 7 days from the date of suspension of the provision of services.
By not making an advance payment for the provision of a dedicated server before the date of exhaustion of the volume of services (expiration of the period of service provision), or on the basis of a notification sent to the Provider in written or electronic form (Email, Customer's Client Area).
6.3. Upon termination of the Agreement, all information stored on a dedicated or virtual server hosted by the Customer is deleted from the Provider's resources without additional warning.
7. Dispute resolution
7.1. Disputes and disagreements that may arise in the performance of this Agreement will be resolved through friendly negotiations between the parties to this Agreement.
7.2. If the disputes and disagreements specified in clause 7.1 cannot be resolved in this way, they are subject to consideration in the arbitration court of Moscow.
Appendix 1: Privacy
Appendix 2: Legal details
Appendix 3: Terms of Service
Appendix 4: Acceptable Usage Policy
Appendix 5: SLA