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физическими лицами на условиях настоящей оферты. - Individual entrepreneur Tevosyan Artur Artakovich (TIN 76847889), hereinafter referred to as the “Contractor”, expresses an intention to conclude an agreement on the provision of hosting services with individuals under the terms of this offer.
1. Terms and Definitions
1.1. Offer — this document published on the Website at https://getserver.net/Accept.phtml .
1.2. Offer Acceptance — the full and unconditional acceptance of the Offer through the implementation of the actions specified in clause 4.1. - Section 4.4. Offer
1.3. Customer — a person who has made an Acceptance of the Offer and is a consumer of hosting services under the concluded Agreement.
1.4. Agreement — an agreement between the Customer and the Contractor for the provision of information services, which is concluded through the Acceptance of the Offer.
1.5. Hosting services — services for the provision of computing power for placing information in an information system that is permanently connected to the Internet.
1.6. Access services — services for providing unlimited circle of persons from the Internet access to the Customers information placed in the information system in the order of hosting services.
1.7. Software services — services for the use of software designed for the registration, re-registration (renewal) of domains, the management of domain names, as well as services for the provision of software for managing hosting services.
1.8. Additional services — services technologically inextricably linked with hosting services. The list and cost of services are posted on the Site.
1.9. Hosting services — a set of hosting services, access services and related additional services, as well as software services provided at the request of the Customer in accordance with the tariff plans of the Contractor.
1.10. Website — a set of programs for electronic computers and other information of the Contractor in the information - telecommunication network "Internet", access to which is carried out at https://getserver.net, и https://getserver.net.
1.11. Application — the result of the Customer’s actions made using the Site’s software or other software provided by the Contractor, reflecting the list of hosted services provided by the Contractor.
1.12. Registration data — the list of mandatory information determined by the Contractor, indicated by the applicant during the initial formation of the Hosting Services Application and available for further editing by the Customer through the personal account on the Site.
1.13. Credentials — data provided to the Customer by e-mail or through other software of the Contractor in order to gain access to hosting services.
2. The subject of the offer
2.1. The Contractor undertakes to provide hosting services to the Customer during the term of the Agreement, and the Customer undertakes to pay for these services.
3. Rights and obligations of the parties
3.1. Contractor must:
3.1.1.Timely provide the customer credentials
3.1.2. When providing services, ensure the uninterrupted operation of the Contractor’s equipment and software no less than 99% of the time during the month.
3.1.3. Inform the Customer about the ongoing planned activities that entail a temporary suspension of the execution of the Agreement or changes in the conditions for its execution no later than 5 (five) hours prior to their implementation.
3.1.4. Notify the Customer at least 10 calendar days before the change of tariffs or tariff plans through the Site and (or) e-mail.
3.2. The customer must:
3.2.1. Indicate valid registration data, make timely changes to them.
3.2.2. Provide confidential storage and prevent compromise of your credentials.
3.2.3. Immediately notify the Contractor in case of loss or existence of reasonable suspicions regarding breach of confidentiality (compromise) of account data.
3.2.4. Use the services in accordance with the terms of the Agreement, the legislation of the Russian Federation, and do not perform the following actions:
18.104.22.168. publication or transfer of any information, the distribution of which is contrary to the laws of the Russian Federation or international law;
22.214.171.124. publication or transfer of illegally obtained information, in whole or in part, protected by copyright and / or related rights without the permission of the owner of the rights;
126.96.36.199. publication or transmission of any information that contains viruses or other malicious components;
188.8.131.52.publication or transmission of pornographic material;
184.108.40.206. Mass mailing of information via e-mail;
220.127.116.11. Falsification of IP-address, as well as other identification data used in network protocols, when transmitting data on the Internet;
18.104.22.168. organization of a proxy server, a virtual private network (VPN) server, as well as installation of proxy server and VPN software on a hosting account;
22.214.171.124. taking actions aimed at disrupting the normal functioning of the Internet elements (computers, other equipment or software);
126.96.36.199. performing actions aimed at obtaining unauthorized access to the Internet resource (computer, other equipment or information resource), subsequent use of such access, as well as destruction or modification of data on this resource.
3.2.5. In case of claims and / or claims and / or claims to the Contractor by third parties related to the violation by the Customer of the regulatory legal acts of the Russian Federation and / or the rights of third parties, the Customer is obliged to participate on the side of the Customer in the work on claims settlement. The Customer undertakes to fully reimburse the Contractor for costs and losses related to the compensation of the above requirements and / or claims and / or claims of third parties.
3.2.6. The customer independently takes all the necessary measures to resolve possible disputes and claims made to him personally.
3.2.7. Do not transfer to the Contractor liability for damage of any kind caused by third parties who obtained access to the Customer’s identification parameters and / or resources due to the Customer’s fault.
3.3. The customer has the right to:
3.3.1. At any time, check the progress and quality of services provided by the Contractor.
3.3.2. To terminate the Agreement unilaterally, while reimbursing the Contractor for the actual costs incurred by him to execute the Agreement at the time of its termination.
3.3.3. Require recalculation in case of interruptions in the provision of services or in the provision of services with reduced quality in the manner prescribed by the Agreement.
3.4. Contractor may:
3.4.1. At its discretion to involve third parties in the execution of the Treaty.
3.4.2.Change the cost of services, parameters of tariffs or tariff plans unilaterally. Customer notification of changes is carried out through the Site.
3.4.3. Suspend the provision of hosting services for a period of not more than four hours per month during the term of this Agreement in order to conduct routine maintenance of communications equipment and other equipment used to provide them.
3.4.4. Suspend the provision of access services in whole or in part, if the Customer violates the terms of the Agreement until they are eliminated.
3.4.5.Suspend, block or prohibit the use of the Customer’s software in case the operation of such software results or could lead to emergencies, a breach of the security system or the terms of service provision.
3.4.6. Suspend the provision of hosting services in whole or in part, if the load created by the provided computing power, as well as incoming or outgoing Internet traffic, creates unacceptable conditions for the use of the Contractor’s technical equipment or affects the quality, including security, of providing services to other customers Artist.
3.4.7. Suspend the provision of access services in the event of claims from third parties with respect to information posted by the Customer, until settlement in the manner prescribed by the Agreement.
3.5. The contractor is not responsible:
3.5.1. For high-quality and uninterrupted operation, the availability of individual segments of the Internet, supported by third parties;
3.5.2. For the availability of information posted by the Customer for all segments of the Internet, due to the peculiarities of the functioning of the segments supported by third parties;
3.5.3. For information posted by the Customer, the performance of the software installed without the participation of the Contractor.
3.5.4. For the performance and compatibility of software developed by the Customer or third parties;
3.5.5. For the operability of the software provided by the Contractor if changes were made to the software through the fault of the Customer;
3.5.6. For the access of third parties to the closed information of the Customer, including the credentials, which occurred due to the fault of the Customer, as well as for the consequences of such access;
3.5.7. For damage of any kind incurred by the Customer due to the disclosure by the latter of their credentials;
3.5.8. For damage that may be caused to the Customer due to the execution of the Agreement.
3.5.9. For the integrity and timeliness of the Customer data backup, as well as for the quality, timeliness and completeness of the measures taken by the Contractor in case of actions of third parties aimed at bringing the computing power provided to the Customer to its normal operation (DOS - attack).
3.5.10. For the accuracy of registration data provided by the Customer.
3.5.11. For the performance of third-party software tools designed to exchange data in a machine-readable format.
4. Acceptance of the offer and conclusion of the contract
4.1. In order to form a primary Application for the provision of services, a person intending to make an Acceptance of the Offer, conveys reliable information about himself and about the necessary hosting services by filling in the registration data via a form on the Siteshttps://getserver.net и https://bill.getserver.net.
4.2.After filing the application specified in clause 4.1. The contractor is billed for payment.
4.3. The Customer makes the Offer Acceptance by payment for the Contractor’s services in accordance with the invoice for payment.
4.4.The Acceptance Term is 10 (ten) business days from the moment the invoice is issued for payment.
5. Features of the provision of software services
5.1. The Contractor at its discretion determines the list of authorized domain name registrars, as well as other third parties involved in the process of providing program services.
5.2. The customer has the right to choose a domain name registrar from those offered by the Contractor in the process of providing the software service.
5.3. Payment for registration of domain names is carried out from the current account of the Contractor. The cost of registration is included in the tariff approved by the Contractor.
5.4. The customer is obliged to independently carry out actions in the process of using the software service, is responsible for such actions committed.
5.5. The customer is obliged to independently review and track any changes in the Domain Name Registration Rules for each of the domain zones, to be responsible for their implementation, to be responsible to the authorized domain name registrars during the term of administration of the domain name.
5.6. In order to fulfill the contract, the Customer is obliged to provide all the information requested by the software necessary for the provision of software services.
6. Features of the provision of additional services
6.1. The order of additional services, from the list indicated on the Site, is carried out by the Customer by means of observant actions - by affixing the appropriate tags in the order form of additional services on the Site.
6.2. Tariffs for additional services from the list indicated on the Site are posted on the Site.
6.3. Additional services not listed on the Website are ordered by the Customer by sending a written request. Tariffs for such services are set by agreement of the parties.
7. Term and change of conditions of the offer
7.1. The Offer comes into force from the moment it is published on the Contractor’s Website and is valid until the Offer is withdrawn by the Contractor.
7.2.The Contractor reserves the right to amend the terms of the Offer or withdraw the Offer at any time at its discretion.
8. Responsibilities of the Parties
8.1. The Parties are responsible for the failure to fulfill or improper fulfillment of their obligations under this Agreement in accordance with the terms of the latter, and in the part not regulated by the Agreement - with the current legislation of the Russian Federation.
8.2. The customer knows the most important functional properties of the services provided. The customer bears the risk of compliance with the software used under the Contract. The Contractor shall not be liable for any losses incurred due to improper performance or the impossibility of performance of the Agreement, if such losses did not arise through the fault of the Contractor.
8.3. In connection with the use of computer and other equipment, communication channels and / or computer programs owned by third parties, in the performance of the contract, the Parties agree that the Contractor is not responsible for any delays, interruptions, direct or indirect damage or losses occurring due to defects in any electronic or mechanical equipment and / or computer programs, or due to other objective technological reasons, as well as as a result of actions or omissions of third parties, problems with data transmission or unity, power outages that occurred through no fault of the Contractor.
8.4. In case of violation of the condition on guaranteed uptime, the Contractor shall recalculate for services rendered on the basis of the Customer’s request and in the presence of the Contractor’s fault.
8.5. The recalculation for services related to the equipment operability can be carried out only for that period of time that exceeded the guaranteed equipment uptime. The funds received as a result of recalculation are spent on the provision of services in the subsequent periods of their provision.
8.6.The responsibility of the Contractor for non-performance of obligations under this Agreement may not exceed the cost of execution of the Agreement for one calendar month.
9.1. Payments for hosting services are carried out in non-cash form by transfer to the settlement account of the Contractor through payment services, the list of which is posted on the Website of the Contractor, on the basis of invoices sent to the Customer.
9.2. Hosting and access services are paid by prepayment by paying a subscription fee, in accordance with the current tariff chosen by the Customer. The subscription fee for prepayment is reflected in the invoices issued to the Customer by e-mail, separately as a line.
9.3. The provision of software services is carried out in the presence of sufficient funds on the customer’s personal account, funds are debited from the customer’s account immediately after the service is provided, if the payment for such a service is provided for in the tariff plan.
9.4. Additional services are paid on an advance payment, unless otherwise provided by agreement of the parties, on the basis of invoices issued to the Customer by e-mail. These postpaid services are reflected in the accounts as a separate line.
9.5. During the suspension of the provision of services that occurred through no fault of the Customer, the Customer may request a recalculation and a refund.
9.6. The suspension of access services made in connection with the Customer’s violation of the terms of the Agreement, and in particular in accordance with the section “Dealing with Third-Party Claims”, is not a suspension of hosting services. Payment for the time of suspension of access services is carried out in full.
9.7. The fact of receipt of payment and the provision of services is confirmed by a fiscal check sent to the Customer, the Customer has the right to send written objections to the Contractor regarding the scope and quality of services. Not sending objections means that the services are accepted by the Customer without objections.
9.8. Invoices are sent to the customer by email. The parties consider such a method as basic and sufficient.
10. Term of the Agreement. Order of change and termination
10.1. This Agreement enters into force from the date of its conclusion and is valid indefinitely.
10.2. Upon termination of this Agreement for any reason, its provisions will be applied to the relations of the Parties up to the full completion of mutual settlements and the transfer of the necessary documentation.
10.3. The contract may be terminated by agreement of the parties.
10.4. The contract can be terminated on the initiative of the Contractor out of court in case of non-payment of services within two months from the moment of their suspension, as well as in the case of failure to provide the information requested by the Contractor in accordance with the section “Work with third-party claims” of the Agreement.
11. Dispute Resolution Procedure
11.1. In case of violation of the terms of this Agreement by the Contractor, the Customer undertakes to send a claim no later than 7 (seven) days from the date of detection of such violations. The Contractor shall have the right not to accept for consideration claims submitted by the Customer after the above-mentioned period. The Contractor undertakes to give an answer to the Customer’s claim no later than 10 (ten) business days from the date of its receipt.
11.2. Disputes on payment by the Customer of the debt overdue by more than thirty (30) calendar days may be brought to court without observing the pre-trial procedure for resolving the dispute.
11.3. If the Parties fail to reach agreement on the issues raised in the complaint procedure, the dispute is referred to the court at the registration address of the Contractor.
12. Work on third-party claims
12.1. In case of receipt from third parties to the Contractor of claims regarding the information posted by the Customer, the Contractor has the right to suspend the provision of access services at its own discretion, immediately notifying the Customer by e-mail. Information about the content of the third party’s claim with the exception of personal data or a copy of the claim must be attached to the notification.
12.2. Together with the notification, the Contractor has the right to request from the Customer explanations, information and / or documents relating to the essence of the claim. The customer is obliged to provide the requested e-mail within 24 hours.
12.3. Within 24 hours from the date of receipt of the claim from a third party, the Contractor is obliged to verify the substance of the claim, except for the cases specified in the Agreement.
12.3.1. For information that may contain viruses and / or other malware, it is checked using the following services: virustotal.com and revisium.com/ai/. The results obtained from these services are accepted as reliable until the Customer proves otherwise.
12.3.2. With regard to information that may contain elements of pornography, a third party’s claim without additional checks is considered reliable until the Customer proves otherwise by providing an opinion of the relevant specialists.
12.3.3. With regard to information that may violate the regulations on the protection of personal data, a third party’s claim without additional checks is considered authentic until the Customer proves otherwise.
12.3.4. With respect to information that may violate intellectual property rights protected by law, a third party’s claim without additional checks is considered authentic until the Customer proves otherwise.
12.4. In the event that the Customer has not provided the information that disproves the claim within the specified time, the Contractor has the right to suspend the provision of the access service, of which the Customer is notified in writing. The suspension is valid until the Customer submits the requested information. If within 1 (one month) the Customer has not provided the specified information, the Contractor has the right to unilaterally terminate the Agreement, of which the Customer is notified by email.
12.5. All costs associated with the refutation of claims are borne by the Customer
13. Final Terms
13.1. Any notifications permitted and (or) necessary under the Contract shall be sent by the Parties by e-mail from the addresses and to the addresses indicated by the Customer in the registration data, by the Contractor on the Site. Notification shall be deemed delivered from the moment of its receipt by the notified Party.
13.2. The parties undertake to independently and promptly check the correspondence sent by the above methods.
13.3. The terms of this offer do not apply to relations with legal entities or individual entrepreneurs.
13.4. Without conflicting with the above, the Contractor shall be released from liability for violation of the terms of the Agreement if such violation is caused by the action of force majeure (force majeure), including: actions of state bodies, adoption of legal acts, fire, natural disasters, strikes, civil unrest, riots, any other circumstances, not limited to those listed above, which may affect the execution of the Contract by the Contractor.