PUBLIC OFFER AGREEMENT

for hosting services and domain name delegation

Terms Used in This Agreement

The terms below have the following meanings solely for the purposes of this Agreement and may not be interpreted otherwise in relation to work performed under this Agreement.

Hosting means a service for providing computing resources, including hardware and software, for the physical placement and processing of the Customer’s Information on the Contractor’s server.

Customer Account means a server record containing information provided by the Customer and enabling the Customer to access the Contractor’s computing resources for the Customer’s own needs under this Agreement.

Access to hosting means a service enabling the Customer to use hosting, provided by the Contractor under this Agreement through the Customer Account created by the Contractor.

Consulting support means explanations and consultations on hosting operation and account usage. It does not include diagnostics or configuration of the Customer’s personal computer, network adapter or software.

Domain name means a symbolic name used to identify areas of administrative autonomy on the Internet within a higher-level area. Each such area is called a domain.

A full domain name consists of the direct domain name followed by the names of all domains to which it belongs, separated by dots.

Software means computer programs and related software components.

Spam means mass distribution of commercial, political or other advertising, information or other messages to persons who did not request them.

Botnet means a computer network consisting of hosts running autonomous bot software.

Acceptance of the offer means payment for ordered services by prepayment in the manner defined by this Agreement.

Acceptance by the Customer means agreement with all provisions of this Agreement and its appendices. When registering on the Contractor’s website for further service ordering, the Customer must fill in all requested data and confirms its correctness by accepting this offer.

WHOIS means an application-layer network protocol based on TCP, primarily used to obtain registration data about domain name holders, IP addresses and autonomous systems.

The protocol uses a client-server architecture and provides access to public database servers of IP address registrars and domain name registrars.

1. General Provisions

The text of this Agreement is a public offer.

This document is the Contractor’s offer to conclude an agreement for hosting services and domain name delegation under the terms set out below.

In accordance with Article 633 of the Civil Code of Ukraine, if the terms below are accepted, the legal entity or individual accepting this offer becomes a party to this Agreement, hereinafter referred to as the Customer.

This Agreement is governed by the laws of Ukraine.

2. Subject of the Agreement

2.1. The Contractor creates a Customer Account on the Contractor’s computing resources and provides the Customer with access to hosting and consulting support under this Agreement.

2.1.1. The Customer Account under the selected tariff plan is created only after 100% payment.

2.1.2. The service is considered completed when the Customer Account is created and access parameters are sent to the Customer.

2.2. The Contractor provides the Customer with a domain name delegation service in the domain zone selected by the Customer.

2.2.1. Domain name delegation is performed only after 100% payment.

2.2.2. The service is considered completed at the moment of domain name registration.

2.2.3. If after payment the selected domain name is already taken, the Customer must choose another available name in the same domain zone.

2.2.4. The delegated domain name is the full property of the Customer and its use is governed by the rules of the domain zone in which it is registered.

3. Price and Payment Procedure

3.1. The Customer pays for the Contractor’s services according to the tariffs published at http://svai.net.

3.2. Payment is made in cash or by bank transfer on the basis of an invoice.

3.3. The Contractor may change tariffs by publishing updated tariffs on http://svai.net. Already paid services are not changed if tariffs are updated.

3.4. The Customer’s payment obligation is considered fulfilled when funds are received in the Contractor’s account.

4. Rights and Obligations

4.1. The Customer has the right to receive services, information and consultations from the Contractor under this Agreement in the amount necessary to use the services.

4.2. The Customer must comply with this Agreement, pay for services on time and in full, follow Ukrainian and international law on information, transfer and protection, provide accurate information and promptly update it.

4.2.5. The Customer consents to receiving email notices related to services under this Agreement.

4.2.6. The Customer must independently restore information on the Contractor’s resources if its loss was caused by the Customer, or request restoration from available backups. If possible, the Contractor may restore information from backups stored for no more than twenty calendar days.

4.2.7. The Customer must not place unlicensed software, intrusion or protection-bypass software, viruses, illegal resources, materials infringing third-party copyrights, or pornographic, sexual or political materials on the Contractor’s resources.

4.2.8. The Customer must not create mass mailings without recipients’ consent.

4.2.9. The Customer must not disclose account access data to third parties and is solely responsible for third-party actions in the account if this obligation is breached.

4.2.10. The Customer must maintain software security and prevent unauthorized access to server or network software. If the Customer’s software is used for unauthorized access, spam, viruses or botnet participation, the Contractor may suspend the Customer Account until circumstances are clarified.

4.2.11. The Customer is fully responsible for all information and materials placed on the website and guarantees that they do not infringe copyrights.

4.3. The Contractor may suspend the Customer Account in case of violation of this Agreement, block prohibited resources without the Customer’s consent, and refuse to provide a service if the payment document does not specify the invoice number being paid.

4.4. The Contractor must comply with this Agreement, provide the services selected and paid for by the Customer, and provide a new account password to the Customer’s account email upon request.

5. Liability of the Parties

5.1. The Contractor is not responsible for improper performance or non-performance caused by failure or improper operation of equipment, lines, communication channels or Internet resources not owned by the Contractor but necessary for providing services.

5.2. The Contractor is not responsible for the content of information placed by the Customer.

5.3. The Contractor is not responsible for losses caused by errors, interruptions, defects or delays in operation or data transmission.

5.4. The Contractor is not responsible for claims by third parties who entered into agreements with the Customer for services partly or fully related to services provided under this Agreement.

5.5. The Contractor does not guarantee full operability of the Customer’s Information on the Contractor’s computing resources.

5.6. The Contractor is not responsible for unauthorized access by third parties to the Customer’s Information caused by errors in the Customer’s Information or by transfer or loss of account access data.

5.7. The Customer must monitor notices from the Contractor sent to the Customer’s email. If the Customer fails to act on such notices or provides a reasoned written refusal, the Contractor is released from liability for consequences caused by the Customer’s inaction.

5.8. The Customer is fully responsible for actions that cause damage to the Contractor and must compensate proven losses in full.

5.9. Other liability not provided for by this Agreement applies in the amount and manner established by Ukrainian law.

6. Dispute Resolution

6.1. Disputes and disagreements arising between the Parties during this Agreement are resolved through negotiations and correspondence, and if no agreement is reached, referred to court.

7. Conclusion and Term of the Agreement

7.1. The Agreement enters into force from the moment of payment for the Services (acceptance) in the manner established by this Agreement and remains valid for the paid period.

7.2. The Customer may unilaterally refuse the Contractor’s Services at any time by notifying the Contractor 30 days before termination. If the Customer refuses a service, paid funds are not refunded.

8. Additional Terms and Force Majeure

8.1. The Customer consents to the Contractor’s use of personal data for storage in the Contractor’s counterparty database and for performing work under this Agreement.

8.2. The Customer confirms understanding of the purpose of collecting, storing and publishing information necessary for domain name delegation and agrees that the current state of such information may be publicly available in real time through WHOIS or similar services.

8.3. The Customer agrees that personal data may be transferred to another Registrar or public domain Administrator if the operation requires identification of the domain name holder.

8.4. The Customer confirms familiarity with the rules and regulations of the domain zone in which the Customer registers or has already registered.

8.4.1. The Customer confirms familiarity with the .UA domain dispute resolution policy, rules and additional WIPO rules published at https://hostmaster.ua/policy/ua-drp/.

8.5. The Contractor and top-level domain Administrator are not responsible for consequences of use or misuse of domain names by the Customer, including before third parties, or for infringement of any third-party rights by the Customer.

8.6. Neither Party is liable for full or partial non-performance caused by force majeure, including flood, fire, earthquake and other natural disasters, war or military actions, or actions of state authorities arising after conclusion of the Agreement and beyond the Parties’ control.

8.7. A Party unable to perform obligations due to force majeure must notify the other Party in writing no later than 15 days after such circumstances arise, including the expected duration and termination of the circumstances.

8.8. If such circumstances continue for more than two months, either Party may terminate this Agreement fully or partially. Losses caused by such circumstances are not compensated.