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Terms & Conditions

This user agreement will be effective for all users as of March 01, 2018

This agreement with SERVER.UA user is an agreement between you and Limited Liability Company "OMNILANCE" , registered in accordance with Ukrainian legislation.

According to Article 642 of the Civil Code of Ukraine (CCU) The Public Offer does not require its signing by the parties, full and unconditional acceptance of the Public Offer is registration in the account system of the Operator from the web server.

Please, read the text of a Public Offer before you start registration or ordering services on our site:

Service agreement

TERMS AND DEFINITIONS

«Tariff Plan» - the cost of monthly or annual maintenance for Services, fixed in the price list of Contractor and published on the Contractor’s web server.

«Account» - a set of individual credentials (unique identification name (login) and password) used by the Customer when using the Services of the Contractor. An account is assigned to the Customer at the time of registration as a User of the Services.

«Pricelist» – a document published on the Contractor's web server, containing a complete list of Services that may be provided according to the Agreement, as well as its cost.

«Orders for Services» (Orders or Services) –is a document that defines: the specifications of Services, the list and the cost of Services, which shall be drawn up and signed by the Parties for each Order separately in the form of Additional Agreements No. 1 ... No. n. for the Service Agreement.

«Internet» – a set of different telematics services and data services, based on the interconnection of communication networks and built on the basis of standards, called the protocol TCP / IP.

«Services» або «Service» – means services rendered by the Contractor to the Customer on the terms and conditions in accordance with the provisions of the Service Agreement and the Service Orders.

«Customer's Personal Account» – is a special section on the Customer's web servers, to which Customer has access from the Account, and which contains the possibility for Customer to order the Services, service management, control over the status of the Services.

«Option for automatic renewal» - is an option that allows automatic renewal of services rendered by Contractor to Customer, this option may be enabled or disabled in the Customer's Personal Account (dashboard) by each Services provided to Customer.

«Virtual Dedicated Server» - is an innovative technology that allows one virtual server to run many virtual servers on the basis of VPS hosting (VDS hosting) technology.

«Physical Dedicated Server» - is renting the equipment that belongs to Contractor and which is configured to meet the Customer's technical requirements (storage, processing, transmission of information).

«Colocation» – is the placement of Customer's equipment at the Data Center of Contractor.

1. THE SCOPE OF THE AGREEMENT

1.1. Contractor provides the Customer with the following Services within this Agreement (the price of services is specified in Additional Agreements No. 1 to Service Agreement):

  • Rental of Virtual Dedicated/Private Servers (VPS / VDS);
  • Rental of Dedicated Servers;
  • Placing of servers and equipment of Customer in Data Center (Colocation);
  • Rental of software of own or third-party manufacturers;
  • Services for additional administration of the servers or equipment of the Customer;
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  • Providing of storage for archiving and files of the Customer (FTP-backup).
  • #}

1.2. Customer orders the Services under this Agreement on the Contractor’s web servers. Registration of the order for service is always carried out by Customer himself, in automatic mode. While making an order, the Customer is always informed about the cost of Services, tariff plans and the order of providing the service. Without the Customer's consent with the information above, registration of the Service is not possible.

1.3. The list of services rendered by the Contractor under this Agreement, as well as their types, is determined by the Customer independently by payments for the certain orders.

1.4. On the terms and in accordance with the procedures provided by this Agreement, the Contractor undertakes to provide Customer with the Services, and Customer undertakes to accept the Services, and to pay the cost of services.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The Customer has the right:

2.1.1. To receive services in the order and on terms and conditions specified in this Agreement and its Applications.

2.1.2. To receive from the Contractor information about the services and terms of its provision.

2.1.3. To order services and to perform other actions according to item 1.2. of the Agreement and in order determined by the Agreement.

2.1.4. To receive the invoices from the Contractor.

2.1.5. Terminate the operation of Agreement in the manner and in the terms and conditions stipulated by the Agreement.

2.1.6. The customer has other rights stipulated by the current legislation.

2.2. The Сustomer is obliged:

2.2.1. To pay the cost of services, on the basis of invoices in order and terms stipulated by the Agreement.

2.2.2. Do not take actions that contradict the norms of the current legislation of Ukraine.

2.2.3. Independently take all necessary measures to ensure the confidentiality of information and take all the necessary steps to reserve and save data.

2.2.4. Appoint authorized persons who have the right to submit requests and submit their list to the form provided in Application No. 2 of this Agreement. In case of changes in the approved list of authorized persons, the Customer shall prepare a new list, in the established form, and, within 3 (three) business days prior to the change of information in such list, shall provide an updated list of authorized persons, indicating the date of the receipt of such list. Since the entry into force of the new list, the old list will automatically become invalid.

2.2.5. Immediately inform the Contractor about the occurrence of unplanned breaks in the provision of services. The procedure and the form of sending such notice shall be carried out in accordance with the procedure stipulated in item 3.1. of the Agreement.

2.2.6. Adhere to the Rules for the provision and receipt of services:

2.2.6.1. NOT to take actions aimed at restricting or obstructing the access to the services of other users of the services, nor to attempt unauthorized access to the Contractor’s resources and other systems available through the Internet;

2.2.6.2. NOT to publish or transmit any information or software that has the characteristics of a virus;

2.2.6.3. NOT ordering, sending or offering spamming, including advertising purposes.

2.2.7. Inform the Contractor about the change of details or any other information that may affect the proper performance of the terms of this Agreement within 5 (five) calendar days from the date such changes occur.

2.3. Contractor has the right:

2.3.1. On timely payment of services in accordance with the terms of this Agreement.

2.3.2. Suspend the provision of services in case of violation by the Customer of the terms of this Agreement, in including conditions related to the order and terms of payment for more than 1 (one) calendar day.

2.3.2.1. In case of delay of payment by the Customer for services for more than 30 (thirty) calendar days, the Contractor shall have the right, without applying any sanctions to him, to format (delete) all data contained in the virtual environment on the equipment of the Contractor.

2.3.3. To suspend the provision of services in whole or in part, as well as to terminate this Agreement in unilaterally in the following cases:

2.3.3.1. In the case provided for in paragraph 2.3.2. and paragraph 2.3.2.1. of the Agreement;

2.3.3.2. Violation by the Customer of the requirements of this Agreement;

2.3.3.3. Violation by the Customer of the requirements of the current legislation of Ukraine;

2.3.3.4. Detection of intentional actions of the Customer, which interfere with the normal functioning of the Contractor's network;

2.3.4. Refuse a satisfactory Request sent in violation of Clause 3.1. of the Agreement. If the Request was sent by an unauthorized person of the Customer, the Contractor shall immediately notify such event to the Customer in the manner specified by this Agreement.

2.3.5. The Contractor has other rights, provided by the current legislation.

2.4. The Contractor is obliged:

2.4.1. To send to the Customer the documents that are necessary for the fulfillment of obligations under this Agreement.

2.4.2. Inform the Customer about the change of details or any other information that may affect the proper fulfillment of the terms of this Agreement within 5 (five) calendar days from the date such changes occur.

2.4.3. Provide services in accordance with the terms of this Agreement and its applications.

2.4.4. To send invoices to the Customer in accordance with the terms of this Agreement.

2.4.5. Properly perform other conditions of this Agreement.

3. PROCEDURE OF ORDERING AND RECEIVING SERVICES

3.1. The order of services, changing services and termination of the provision of services, is carried out through sending the request by an authorized person, as specified in clause 2.2.4. of this Agreement. The request is sent to technical support from the Customer's Personal Ассount.

The Request specifies the following information:

3.1.1. Name, surname, contact details of the person (telephone) who sent the request;

3.1.2. Date of connection, disconnection, change of service with indication of its name;

3.2. After payment of the cost of the service, the Customer has to request the activation of the service to the technical support from the Personal Account. Contractor activates VPS / VDS servers within 30 (thirty) minutes and within 48 hours activates services of dedicated servers from the moment the request for activation of the service is made, connection, disconnection, change of the parameters of services specified in the Application No. 1 to this Agreement. The date of connection, disconnection, change of service parameters is the date specified in the corresponding request.

4. FINANCIAL PROCEDURES, COST AND ACCEPTING SERVICES

4.1. After the Customer performs the actions provided in paragraph 3.1 the Contractor verifies the request for the services and if the requirements for sending the Request are fulfilled, the Contactor will do one of the following:

4.1.1.Sends an invoice to the Customer for payment of services, provided by the corresponding request;

4.1.2. Provides actions by the Customer's request, if payment for such a request is not required.

4.2. After receiving the invoice, Customer is to pay for services within 2 (two) business days. In case that during this period the Customer has not paid for the invoice, the invoice shall be canceled.

4.3. Payment for the services is to be made by the Customer in the form of 100% (one hundred percent) prepayment of their cost on the basis of the invoice.

4.4. The cost and the list of services specified in Application № 1 may be changed by the Contractor unilaterally. In the case of changing the cost of services, the new cost of services comes into force after the expiration of the previous period of the service.

4.5. The parties agreed that in case of non-agreement of the Customer with a new cost of services, the Customer can initiate a termination of the Agreement, by sending an appropriate notification to Contractor’s address (clause 5.4 of the Agreement).

4.6. In case of changing the list of services during the month in which the services were provided, the amount of payment for services is defined as the weighted average (proportional to the time during which certain services were provided) cost.

4.7. In case of termination of this Agreement, the Parties make calculations for provided Services within 30 (thirty) calendar days from the date of termination of this Agreement.

5. RESPONSIBILITIES OF THE PARTIES

5.1. Contracor is responsible for:

5.1.1. for improper provision of services in accordance with the terms of this Agreement;

5.1.2. for delays in the provision of services.

5.1.3. The Contractor is responsible for maintaining the equipment received from the Customer under this Agreement. Responsibility is limited according to the amount of equipment specified in Act of reception-transmission.

5.2. Contractor is not responsible for:

5.2.1. Any damage caused to the Customer or to any third parties for reasons beyond the control of the Contractor and resulting from the use of the Services, for purposes other than those intended;

5.2.2. The content and reliability of any information owned by the Customer, which the Customer transmits or accepts through services;

5.2.3. For lost profits, regardless of the Contactor’s actions;

5.2.4. For the quality of telecommunication channels and the Internet, through which the Customer's access to services is provided.

5.2.5. The Contractor shall not be liable for the damage or damage caused to the Customer by the third parties as a result of the consumption of the Services rendered by Contractor; - for any damage that has been inflicted to the Customer due to the use of the Internet, including loss of data due to delays, lack of delivery, false addressing or interruption of the services as a result of the use of the Internet or due to Customer’s faults;

5.2.6. The Contractor in no way controls and is not responsible for the content and quality of information transmitted by the Customer through the Internet and placed on the server; any information received through the Internet, the Customer uses at his own risk.

5.2.7. The Contractor is not responsible for the accuracy and quality of the information received through the services provided to Customer;

5.2.8. The Contractor is not responsible for the impossibility of rendering the Services as a result of failures in the operation of technical equipment (servers, networks, etc.) that are not owned by the Contractor but related to the provision of the Services under this Agreement, due to network data failures and / or communication lines the manner in which the Service are provided, as well as other failures that are not related to the Contractor and are the result of actions and / or inaction of third parties, including due to circumstances of force majeure, as well as cases of impossibility to provide the Services in connection with planned and emergency work done by the Contractor.

5.2.9. The Contractor is not responsible for the lack of access, poor quality, and the length of time the response of individual nodes or resources of the global Internet, administered by third parties. Cases of such lack of access are not interruptions in the provision of Services under this Agreement.

5.2.10. Claims from the Customer for the Services shall be accepted by the Contractor for review only in writing and within a period not later than 5 calendar days from the date of occurrence of the controversial situation. Primary information is to be sent via e-mail, the original of the document within the same day is to be sent my post mail. After receiving Customer’s claim, the Contractor has 30 days for consideration and answer.

5.2.11. In order to resolve technical and legal issues in determining the fault of the Customer as a result of his unlawful actions when using Internet, the Contractor has the right to involve competent organizations and experts independently.

5.2.12. The Customer is independently responsible for the content and lawfulness of information that will be spreaded from his services;

5.2.13. The Customer is solely responsible for the damage caused by using the Services to legal entities / individuals or their property. The Contractor shall not be liable to third parties for the actions of the Customer.

5.2.14. The Customer is solely responsible for reserving and storing his data.

5.3. Customer is responsible:

5.3.1. For violation of legislation, as well as using the services;

5.3.2. For the content of his own information;

5.3.3. For violation of payment terms and conditions.

5.4. Termination of the Agreement (including pre-term) does not exempt the Parties from:

5.4.1. The duty of mutual settlements and payment of debts;

5.4.2. Responsibility for non-fulfillment or improper fulfillment of the terms of this Agreement.

6. REQUIREMENTS FOR PROTECTION OF INFORMATION

6.1. The customer is obliged to monitor the security and relevance of the software used in virtual machines independantly, in a timely manner update software versions or make changes to the configuration in accordance with the instructions and requirements published by the software developers and / or Internet security services.

6.2. The customer is obliged to stop the cases of unauthorized access to the software and do not allow the use of provided by the Contractor resources and stop the attempts for unauthorized access to other resources of the Internet. In particular, the Customer undertakes not to allow on their virtual machines the following situations:

6.2.1. from the virtual machine, by e-mail, send messages from e-mail addresses that do not belong to the Customer's network;

6.2.2. the virtual machine software uses the default passwords;

6.2.3. packages from the virtual machine with the wrong source address (IP source address);

6.2.4. Domain Name Service (DNS) service packets with deliberately distorted data come out of the virtual machine;

6.2.5. malware on the virtual machine;

6.2.6. On the virtual machine there are programs specially designed to carry out unauthorized access to information.

6.3. In order to verify compliance with the security requirements, the Contractor reserves the right to periodically perform an external scan (without access to virtual machines) of services and servers allocated to the Customer with the help of specialized software provided and it does not harm the information contained therein. The Contractor is obliged to inform the Customer about the detected, during such inspections, vulnerability of the services and servers, and the Customer is obliged to take measures to eliminate it.

6.4. In case of gross violations of information security requirements that threaten the operation of other (non-owned) resources of a local or global computer network, the Contractor has the right to interrupt the work of virtual machines that violate requirements of security.

6.5. The Contractor, while retaining all rights under the Agreement, has the right to terminate the Services immediately in the following cases:

6.5.1. if, on the basis of reasonable opinion of the Contractor, the use of the Customer's Services may cause damage to the Contractor and / or cause the failure of the Contractor's technical and software tools and to third parties;

6.5.2. the Customer's actions of sending, publishing, transmitting, reproducing, distributing in any way, and in any way using the Software received by the Services and / or other materials, in whole or in part, to be protected by copyrights or other rights without the consent of the copyright holder;

6.5.3. any actions of the Customer of sending, publishing, transmitting and distributing in any way and any information or software that contains viruses or other harmful components;

6.5.4. Customer's actions aimed at sending or advertising information (spam) without consent of the recepient in written applications of such information to the Contractor with reasonable claims to the Customer. In this case, the concept of "Spam" is determined by the well-known "rules of using network" located on the Internet and is a practice of business turnover;

6.5.5. the publication or distribution by the Customer of any information or software that contains codes that, in their actions, are identical to computer viruses or other components equivalent to them;

6.5.6. advertising, storing and distributing services, goods, and other materials that are limited or prohibited by legislation;

6.5.7. falsification of Customer’s IP address, as well as addresses used in other network protocols, for data transmission on the Internet;

6.5.8. implementation of actions aimed at violating the normal functioning of the elements of the Internet (computers, other equipment or software) that does not belong to the Customer;

6.5.9. actions aimed at obtaining an unauthorized access to the Internet resource (computer, other equipment or information resource), the further use of such access, as well as the destruction or modification of software or data not owned by the Customer, without the consent of the owners of this software, or data or administrators of this information resource. Under “unauthorized access” it means any access in a way different from that has been provided by the owner of the resource;

6.5.10 actions for transferring to computers or equipment of third parties senseless or unnecessary information that creates an unnecessary (parasitic) load on these computers or equipment, as well as intermediate sections of the network, in volumes exceeding the minimum necessary for verification of of the networks and the availability of its individual elements;

6.5.11. performing actions of scanning the network nodes in order to identify the internal structure of the networks, vulnerability of security, the list of open ports, etc., without the consent of the owner of the checked resource;

6.5.12. carrying out other actions not provided by the Agreement and / or containing a criminal or administrative offense or violation of the rights and legal interests of the third parties.

6.6. The Contractor is not responsible for the content of the information nodes, created and maintained by the Customer, and does not make any prior censorship. In the event of a clear illegal situation, the provision of the Services may be suspended without notification of suspension. In addition, the Contractor has the right, if necessary, to control the content of the Customer's information resources (without access to the Customer's infrastructure).

6.7. The Contractor has the right to provide filtering of an automatic traffic in order to block the sending of traffic with false IP and MAC addresses.

6.8. The Executor is not responsible for violating the rights of the third parties caused by the actions of the Customer, committed by the use of Services provided by the Executor.

7. ARBITRATION OF DISPUTES

7.1. All disputes, disagreements or claims under the Agreement shall be negotiated by the Parties.

7.2. In case of impossibility of reaching an agreement between the Parties, the dispute shall be submitted to the court in accordance with the procedure of the current legislation.

7.3. The parties shall establish a mandatory pre-trial form of arbitration of disputes by making claims in the order prescribed by the Commercial Procedural Code of Ukraine.

8. CIRCUMSTANCES OF UNCONVENTIONAL FORCE (FORCE-MAJEURE)

8.1. Neither of Parties is not responsible before the other Party for non-fulfillment of obligations arising out of circumstances beyond the control of the will and the will of the Parties which can not be foreseen or avoided, including declared or actual war, civil disturbances, epidemics, blockade, embargo, changes in laws regarding the terms of service, earthquakes, floods, fires and other natural disasters, etc.

8.2. Sufficient proof of force majeure circumstances is the certificate of the Chamber of Commerce and Industry of Ukraine, issued in accordance with the procedure provided for by applicable law, which is provided by a Party, which submits such circumstances to the other Party within 3 (three) business days from the date such circumstances arise.

8.3. Execution of the Agreement, in whole or in part, shall be terminated at the time of such circumstances. If the force majeure circumstances last for more than 3 (three) calendar months in a row, the Agreement shall be considered to be terminated.

9. DURATION AND TERMS OF TERMINATION OF THE AGREEMENT

9.1. This Agreement comes into force from the moment of its signing by the Parties and operates till ___/____/____________(date/month/year). After the specified date, the term of this Agreement is extended to the next year on the same terms and conditions, if none of the Parties within 30 (thirty) calendar days prior to the end date did not inform the other Party in the manner prescribed by paragraph 3.1. of the Agreement. A similar extension procedure applies to all next periods of the Agreement.

9.2. Any of the Parties has the right to terminate this Agreement ahead of schedule by notifying the other Party in writing in not less than 30 (thirty) calendar days before the intended date of termination in the manner described in paragraph 3.1. of the Agreement.

10. FINAL CLAUSES

10.1. This Agreement is drawn up in duplicate in English, which have equal legal force.

10.2. This Agreement is concluded by the Parties, with full understanding of its content, conditions and consequences of the conclusion of such Agreement. The Parties confirm that this Agreement is concluded by them voluntarily, without coercion, and also that this Agreement expresses the real will of the Parties before the conclusion of the Agreement.

10.3. In the event that one or more of the provisions of this Agreement are declared invalid or which do not comply with the norms applicable by the time of conclusion of the Agreement, the Parties agree that the invalidity of this paragraph does not affect the validity and legitimacy of the Agreement in whole.

10.4. The Representative of the Customer guarantees the Contractor that he, as a subject of personal data, taking into account the provisions of the Law of Ukraine "On Protection of Personal Data", permanently, without reservations, gives full consent to the processing of his personal data to the Contractor and other persons connected with the Contractor for the purpose of providing services to the Customer, which will include informing him about new services, changing tariffs, sending of invoices, indication by the Contractor of personal data on invoices and other documents. Also, the representative of the Customer confirms that he has been informed in writing form of his rights as defined by the Law of Ukraine "On Protection of Personal Data", the purpose of data collection and persons to which his personal data is transmitted. The customer agrees to provide the following personal data: name, surname, contact phone, email address.

10.5. All Applications, additional agreements, amendments and additions to this Agreement shall be integral parts thereof and shall only be valid if they are signed and certified by the seals of the parties (if any). The terms of this Agreement can not be changed unilaterally, except as provided for by this Agreement.

10.6. Any Party is prohibited from transferring its rights and obligations under the terms of this Agreement to third parties without the written consent of other Party.

10.7. After signing this Agreement, all negotiations on it, correspondence, previous agreements, etc., lose their legal force.

10.8. In the event of any change in the data of the Parties of this Agreement, the Party that initiate such changes shall notify the other Party within 5 (five) calendar days from the time such changes occur.

10.9. Each Party is obliged to ensure the confidentiality of technical, commercial or other information obtained under the Agreement and to take measures for its non-disclosure. In the event of termination of the Agreement, the transfer of such information to third parties, its publication or disclosure in any other way is possible only upon written permission of other Party, regardless of the reasons and term of termination of the Agreement.

10.10. After suspension or termination of the Agreement for any reason, the Privacy Statement are valid for 3 (three) years from the date of such termination (suspension).

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