1. Preamble
1.1. This document is an official proposal (public offer) of the Contractor to conclude a contract for the provision of paid services and is the equivalent of a written contract, and in accordance with the current legislation of Ukraine, has due legal force.
1.2. The Agreement is public and shall be brought to the attention of all customers by publishing it on the Contractor’s website, and its terms and conditions are the same for all users. The Parties acknowledge that it has legal force in accordance with Articles 633, 641, 642 of the Civil Code of Ukraine.
1.3. Prior to the provision of services, any individual or legal entity shall be obliged to familiarize themselves with the terms of the Agreement. If a person does not agree to the terms of the Agreement, they shall not be entitled to use the Services. The person who has made the acceptance shall be deemed to have read all the terms of the Agreement and to have agreed to its conclusion on the terms set forth in the offer.
1.4. In accordance with Art. 642 of the Civil Code of Ukraine, full and unconditional acceptance of the terms of the Agreement is the fact of registration of an individual or legal entity and/or making a prepayment for the Services (replenishment of the balance) in the Contractor’s system. Such actions indicate the person’s desire to enter into the Agreement and constitute acceptance. From the moment of acceptance, the Agreement is considered concluded and the individual or legal entity is defined as the Customer.
1.5. At the request of the Parties and in cases provided for by the current legislation of Ukraine, the Agreement may be concluded by signing it by the Customer and the Contractor, including through electronic document management services using an electronic (qualified) digital signature.
2. Terms and Definitions
2.1. The Contractor is a business entity whose details are indicated on the website in the “Documents” section, which provides services using the GMHOST trademark.
2.2. The Customer is an individual, individual entrepreneur, or legal entity that has accepted the Agreement.
2.3. The Parties are the Contractor and the Customer.
2.4. The Agreement (hereinafter referred to as the Agreement, offer, or offer agreement) is this public offer concluded between the Contractor and the Customer.
2.5. Acceptance is the full and unconditional consent of the Customer to conclude the Agreement by registering an individual or legal entity and/or making a prepayment for services (replenishment of the balance) in the Contractor’s system.
2.6. Services shall mean hosting services, namely: registration and support of domain names, hosting of websites, placement or lease of servers and/or equipment in a telecommunication rack at the Technical Site, connection to the power supply network and the Internet, and other related services.
2.7. The Technical Site means a specially equipped room in which the conditions for the operation of servers and equipment are created: the necessary climatic conditions, uninterrupted power supply, and communication channels.
2.8. Tariff Plan – a list, description, set of Services, and rules for their use, and a system of rates in monetary terms approved by the Contractor, according to which the amount of payment for the provision of such a set of Services is determined.
2.9. The Contractor’s website is the website https://windows-vps.com.ua
2.10. Personal Account – a special section on the Contractor’s Website, which the Customer accesses using an account where they can manage the Services.
2.11. Account – a personal set of identification data of the Customer (name, password, personal account, contract number).
2.12. Name is a set of characters that, together with the Password, provides access to the Customer’s Personal Account (authorizes).
2.13. Password is a set of characters, a key that, together with the Name, provides access to the Customer’s Personal Account (authorizes).
2.14. Personal Account means the Customer’s account, the number of which is unique in the Billing. The Personal Account reflects the receipt of payments from the Customer and their debiting to the account of the Services provided by the Contractor.
2.15. Agreement number – a unique number issued to the Customer upon registration on the Contractor’s website.
2.16. Billing is the hardware and software complex of the Contractor, which is intended for automated quantitative and monetary accounting of the Services provided to the Customer.
2.17. Customer’s equipment (facilities) means equipment owned or used by the Customer, located at the Contractor’s Technical Site. It is characterized by the type and Network details.
2.18. IP address – a unique identifier of network equipment, an address assigned by the Contractor.
2.19. MAC address is a unique identifier of network equipment, which is determined by the equipment manufacturer.
2.20. Network details – a unique combination of IP address and MAC address.
2.21. Access means access to the Services and use of the Services by the Customer.
2.22. The Contractor’s Network means property, a set of technical telecommunication facilities and structures of the Contractor intended for routing, switching, transmission, and/or reception of signs, signals, written text, images, sounds, or messages via radio, wire, optical, or other electromagnetic systems between end equipment, which is combined in a single technological process to ensure the provision of services by the Contractor.
2.23. Technical capability means the availability of technical means, communications, and other resources necessary for the provision of the Services by the Contractor and the possibility of using such Services by the Customer.
3. Subject of the Agreement
3.1. The Contractor undertakes to provide the Customer with the Services on the terms and in the amount specified in the Agreement, and the Customer undertakes to accept and pay for them. The Customer shall order the Services independently through the Personal Account.
3.2. The list of services, their tariffication, and technical characteristics are defined in the Tariff Plans (Appendix No. 1).
3.3. The terms, procedure for providing and receiving the Services, as well as additional rights and obligations of the parties, are set forth in the Terms of Service (Appendix No. 2).
3.4. The Appendices specified in clauses 3.2 and 3.3 are integral parts of the Agreement. In the event of contradictions in the interpretation of the terms of the Agreement and the Appendices, the terms of the Appendices shall apply. The Parties agree that the acceptance of the Agreement by the Customer shall be deemed an automatic acceptance of the Appendices thereto. If the Customer does not agree with the provisions of taxes specified in clauses 3.2 and 3.3 of the Agreement, it shall be deemed that they do not agree with the entire Agreement, and the contractual relationship between the Parties shall not arise.
3.5. By agreeing to the terms of the Agreement, the Customer confirms that they:
3.5.1. Have carefully read all the clauses of this Agreement, accept all its provisions, and undertake to comply with them unconditionally;
3.5.2. Have reached the age of 18 and have full civil capacity, have the right to enter into transactions, legally use a bank payment card, and are aware of the obligations imposed on them under this Agreement.
3.6. The Parties warrant that they are persons who, if necessary, are registered as business entities, act in accordance with the laws of Ukraine, and have the rights necessary for the conclusion and implementation of the Agreement.
3.7. In case the Customer disagrees with any changes to the terms of the Agreement made by the Contractor, the Customer shall complete the receipt of the Services in the manner specified in the Agreement. If the Agreement is amended, the Contractor shall notify the Customer by sending a corresponding letter with a new version of the offer agreement to the Customer’s e-mail or in any other way. If the Customer continues to use the Services within 14 days from the date of publication of such notice, the Contractor shall have the right to assume that the Customer agrees with the amendments.
4. Rights and obligations of the Contractor
4.1. Rights of the Contractor
4.1.1. Based on the Billing data, debit funds from the Customer’s Personal Account in accordance with the current Tariff Plan.
4.1.2. Temporarily or completely, without notice, unilaterally, terminate the provision of Services to the Customer and require written explanations from the Customer in the following cases:
4.1.2.1. Failure to receive payment for the Services within the terms established by the Contractor.
4.1.2.2. Provision by the Customer of inaccurate and/or deliberately false contact information or failure to provide such information upon request.
4.1.2.3. When sending any information via the Internet that contradicts the legislation of Ukraine or international law. Spamming means both mass sending of several e-mails to an indefinite number of recipients and repeated sending of e-mails to one recipient, as well as the use of details (web page addresses, e-mail) of the Contractor in such mailings.
Electronic messages include e-mails, messages in messengers, and other similar means of personal information exchange.
4.1.2.4. Publication or distribution of any information or software containing computer viruses or other components equivalent to them, which cause or may cause damage to an indefinite number of people, equipment, software.
4.1.2.5. Performing actions aimed at sending, publishing, transmitting, reproducing, or providing information or software for commercial purposes that violate any laws or rights.
4.1.2.6., 4.1.2.7., 4.1.2.8., 4.1.2.9., 4.1.2.10., 4.1.2.11., 4.1.2.12. Additional clauses specifying such actions.
4.1.2.13. Performing actions aimed at sending, publishing, transmitting, reproducing, or distributing software or other materials that are fully or partially protected by copyright, related or other rights, without the permission of the owner and/or without a license agreement. This includes pornographic images, videos, and other erotic and/or pornographic content. The determination of whether the content belongs to pornographic or erotic content is carried out in accordance with the Law of Ukraine “On Protection of Public Morality”.
If a violation of the terms of this Agreement is detected, the Contractor shall send a notice to the Customer’s e-mail address. If the Customer violates the terms of this offer, the Contractor has the right to terminate the contractual relationship with the Customer unilaterally.
4.1.3. In case of excessive use of hardware resources, the Contractor may offer the Customer another Tariff Plan. If refused, the Contractor can terminate service with the return of the Customer’s equipment (if any). Prepaid funds will not be refunded in such cases.
4.1.4. The Contractor has the right to unilaterally change the terms of the Tariff Plans (including the amount of payment) and the terms of this Agreement by publishing such changes on the Website and/or notifying the Customer by email. The effective date of the changes will be indicated in the communication. Changes must be communicated no later than 7 days before they come into effect.
4.1.5. Establish limitations on Tariff Plans and/or promotions conducted by the Contractor.
4.1.6. Engage third parties for the fulfillment of obligations under this Agreement based on relevant contracts and powers of attorney without prior approval or notification of the Customer.
4.1.7. Use software and technical means to limit bandwidth or server performance in case of exceeding limits established by the Customer’s Tariff Plan, and to ensure security of access for other clients and compliance with the Agreement.
4.1.8. In case of circumstances beyond the Contractor’s control that make it impossible to continue providing services, the Contractor may terminate the Agreement and notify the Customer.
4.1.9. Disconnect and remove its telecommunications equipment (if provided to the Customer) if the Agreement is terminated.
4.1.10. Interrupt Services when performing necessary preventive maintenance, with at least 24 hours’ notice. Prepaid amounts during this time are non-refundable.
4.1.11. Change the Customer’s Network details or account for technical reasons or for security, with prior notification via email.
4.1.12. Refuse to connect or disconnect the Customer’s equipment from the network in the absence of documents confirming compliance with telecommunication standards or in other cases specified by Ukrainian law.
4.1.13. Disconnect the Customer’s equipment based on a court decision if used for illegal actions or actions threatening national security.
4.1.14. Create and store archives of information obtained during the provision of Services and disclose such information upon legitimate requests from authorities or as needed for normal service functionality. This does not violate the confidentiality of the Customer’s information.
4.1.15. Other rights as provided by the Agreement or applicable law.
4.2. Obligations of the Contractor
4.2.1. Provide the Services in a timely manner and in accordance with the standards and regulations of Ukraine.
4.2.2. Publish official information on the Website, in the Personal Account, or via email regarding service updates, tariff plan changes, and Agreement amendments.
4.2.3. Review and respond to Customer inquiries and complaints as specified by the Agreement and Ukrainian law.
4.2.4. Ensure the confidentiality of the Customer’s information, except in cases specified by the Agreement or applicable law.
4.2.5. If the Customer uses the Contractor’s equipment, ensure the proper functioning of the hardware and, in case of failure, provide a full or temporary replacement with equipment of equivalent or better technical specifications. Ensure that the equipment operates in accordance with standard operating conditions.
5. Rights and obligations of the Customer
5.1. Rights of the Customer
5.1.1. Order additional services or change the type of Services as needed, following the procedures and terms specified in the Agreement.
5.1.2. Suspend the receipt of the Services.
5.1.3. Receive information and consultations from the Contractor regarding the use of the Services, including financial statements and status of service consumption.
5.1.4. If the Contractor fails to resolve damage or accidents through no fault of the Customer or the Contractor, the Customer is entitled to a recalculation of service fees for the time during which Services were unavailable. This does not apply to routine maintenance as per clause 4.1.10.
5.1.5. Refuse further use of the Services and terminate the Agreement as per the specified terms.
5.1.6. Request the transfer or deletion of a domain by submitting a request from the contact email specified in the personal account. Transfer codes will be provided once payments are verified, and identity documents are supplied.
5.1.7. Receive the unused portion of prepaid funds for unused services as stipulated by the Agreement and Ukrainian law.
5.2. Obligations of the Customer
5.2.1. Provide complete, truthful, and accurate information for the provision of services, which may be shared with third parties as outlined in clause 11.1 of the Agreement.
5.2.2. Pay for the Services in a timely manner as per the Agreement and selected Tariff Plan.
5.2.3. Regularly check for updates on official information related to the Services, including changes in tariff plans.
5.2.4. Monitor the status of the Personal Account via the Contractor’s Website and avoid a negative balance.
5.2.5. Notify the Contractor of any malfunctions or lack of access.
5.2.6. Keep payment records for 3 years.
5.2.7. Provide settlement documents confirming payments if requested by the Contractor.
5.2.8. Provide necessary documents and information to the Contractor for proper execution of the Agreement.
5.2.9. Notify the Contractor of changes to personal, postal, or payment details.
5.2.10. Allow the Contractor to inspect or adjust Customer equipment if needed to verify service quality.
5.2.11. Comply with the laws of Ukraine and international regulations on information, publication, transmission, and protection.
6. Cost of Services and Payment Procedure
6.1. The Customer instructs the Contractor, and the Contractor undertakes to keep records of the Services provided to the Customer and to control the timeliness and completeness of payments through Billing.
6.2. The cost of the Services is set in accordance with the Tariff Plans. Tariffs for the Services are determined in the equivalent amount in US dollars. Payment is made in UAH at the official exchange rate of the National Bank of Ukraine at the time of payment.
6.3. The Services are paid in advance in the amount of 100% of the cost for the selected period of use based on an order placed by the Customer on the Website through the Personal Account. When placing an order, the Customer selects the Tariff Plan and determines the service period.
6.4. The Services are provided only if there is a positive balance on the Customer’s Personal Account. Payment for the Services is made as a prepayment by bank transfer. Cash payments can be made by the Customer at any branch of a Ukrainian bank to the Contractor’s account. The payment document must include the Tariff Plan, Personal Account, and Agreement number. The Contractor may refuse service if the payment document is not correctly filled out. Cashless payments can also be made by transferring funds from the Customer’s account to the Contractor’s account.
6.5. Payment is considered complete when the Contractor debits the Customer’s Personal Account with sufficient funds to cover the Services in accordance with the Tariff Plan.
6.6. The Customer is responsible for monitoring the balance of their Personal Account through the Personal Account on the Website.
6.7. If the Customer’s Personal Account balance is negative, all subsequent payments will first cover the debt. After the debt is settled, the remaining balance will be used to pay for future services.
6.8. The Customer’s Personal Account includes all payments made by the Customer. For billing and resolving disputes, the Personal Account serves as the primary source of information about the volume and number of Services consumed and paid for.
6.9. Termination of the Services or termination of the Agreement does not release the Customer from paying for already received Services and settling any outstanding debts to the Contractor.
6.10. In the case of early termination of the Agreement at the request of the Customer, unused funds will be refunded, except as stipulated by the Agreement. Refunds are only made by bank transfer, and no payments will be made to third parties. The Contractor must refund unused funds within 14 days of receiving the Customer’s written request.
6.11. The Contractor has the right to unilaterally review the prices for Services and introduce new Tariff Plans. The procedure for changing Tariff Plans and notifying the Customer is outlined in clause 4.1.4 of the Agreement.
6.12. Invoices are issued at the Customer’s request and sent to the contact email address. The Customer can also print the invoice themselves through their Personal Account.
6.13. Payment is made in UAH via bank transfer to the Contractor’s bank account. Payments in UAH apply to residents of Ukraine, while non-residents may pay in other currencies. Exchange rates of the National Bank of Ukraine on the day the funds are credited to the Contractor’s account will apply.
6.14. The Agreement’s total amount consists of the funds paid by the Customer as recorded in the Billing system during the Agreement’s term.
7. Guarantees
7.1. The Customer warrants that:
7.1.1. They will timely deposit funds into the Personal Account for the Services provided under this Agreement.
7.1.2. They will notify the Contractor as soon as possible of any changes in contact or account details.
7.1.3. They will not use, without the Contractor’s written consent, for their own commercial purposes, the trademark “GMHOST” or any other intellectual property objects posted on the Website.
7.1.4. They will not use information about the Contractor or the terms of cooperation to harm the Contractor’s reputation, nor will they transfer this information to competitors, business partners, or third parties.
7.1.5. They will not apply to the Contractor or authorized persons with claims of interference with their equipment, as the Contractor does not interfere with the operation of such equipment. Equipment inspections as outlined in clauses 4.1.7 and 5.2.10 of the Agreement do not count as interference.
7.1.6. They will not place erotic or pornographic material, as defined by Ukrainian law, on their own or the Contractor’s equipment. Violation of this warranty entitles the Contractor to unilaterally terminate the Agreement.
7.1.7. The use, publication, or reproduction of content from the Customer’s website will not violate any copyrights, trademarks, trade secrets, or property rights. Violations of this warranty entitle the Contractor to terminate the Agreement unilaterally.
7.1.8. At the Contractor’s request, the Customer will remove information or materials outlined in clauses 7.1.6 and 7.1.7 if the Contractor receives a claim or learns of such materials.
7.1.9. The Customer guarantees that they are and will remain the legal owner or authorized user of the website content throughout the Agreement’s duration.
7.1.10. The content of the Customer’s website complies with current legislation and will only be used for lawful purposes. The information shall not include calls for overthrowing the constitutional order, armed uprisings, civil unrest, or other information that threatens national security.
7.1.11. The Customer guarantees the Contractor and affiliated persons unconditional release from liability for any third-party claims, as well as full compensation for damages caused by a breach of obligations under this Agreement.
7.1.12. The Customer further guarantees release from liabilities incurred by the Contractor due to:
a) Breach of obligations under this Agreement;
b) The content of the Customer’s website;
c) Violation of applicable laws;
d) Third-party claims regarding intellectual property infringement;
e) Third-party claims related to the Customer’s use of the Services;
f) Compatibility issues between the Customer’s website content and the Contractor’s equipment.
7.2. The Contractor warrants that:
7.2.1. They will make every effort to fulfill this Agreement.
7.2.2. They will ensure that their equipment is in good condition and fulfills its purpose without interruption.
7.2.3. They will not interfere with the Customer’s equipment unless inspecting it under clauses 4.1.7 and 5.2.10 of the Agreement.
7.2.4. They will not use the Customer’s personal data in ways that do not comply with this Agreement.
8. Liability of the Parties
8.1. The Contractor and the Customer shall be liable for violations of this Agreement in accordance with its terms and conditions and the norms of the current legislation of Ukraine.
8.2. The Contractor shall be liable for:
8.2.1. The timely and qualitative fulfillment of its obligations under the terms of the Agreement in accordance with regulated technical requirements.
8.2.2. The elimination of damage within the terms specified in the Agreement or applicable law.
8.2.3. Monitoring the performance of servers and resolving any related issues.
8.2.4. Failure to publish official notifications related to service provision or tariff changes in the manner prescribed by the Agreement.
8.2.5. Unauthorized transfer of the Customer’s personal data for purposes or in ways not provided for in this Agreement.
8.3. The Customer shall be liable for:
8.3.1. Promptly notifying the Contractor about issues with equipment and/or access to the Website. Problems with the equipment and/or access to the Website do not include:
a) Issues beyond the Contractor’s control;
b) Problems caused by actions or inactions of the Customer or third parties;
c) Problems caused by the Customer’s or third-party equipment outside of the Contractor’s control.
8.3.2. The content, truthfulness, and legality of the information disseminated by the Customer or other persons under their network details. The Customer is solely responsible for uploading all content to their website, as well as for making additions, changes, and updates. The Customer must also ensure that the website content is compatible with the Contractor’s hardware and software. The Customer shall be responsible for posting or distributing pornographic materials, materials of a sexual or erotic nature, or content inciting racism or violence, as well as for providing links to other resources containing such materials.
8.3.3. The consequences of the Customer’s actions, including interference with software or hardware that destabilizes processes affecting the quality of services provided to other users, destruction of information belonging to other users or the Contractor, or damage to the property of other users or the Contractor. This applies whether the actions were performed by the Customer or other individuals using the Customer’s equipment, network details, or account. In cases where the Customer interferes with any of the Contractor’s equipment and causes damage, the Customer shall compensate the Contractor for the cost of the damaged equipment and repair work in full, in accordance with Ukrainian law.
8.3.4. The Customer assumes responsibility and risks associated with Internet use, including assessing the accuracy, completeness, and usefulness of opinions, ideas, and information, as well as the quality of goods and services distributed online.
8.3.5. The Customer is responsible for the security of their password and any damages resulting from its unauthorized use. In the case of password theft, the Customer may request a password change by contacting the Contractor from the email address provided during registration. The Contractor is not liable for third-party actions, and the Customer must seek compensation for damages from relevant law enforcement authorities. Loss of network details or account data does not exempt the Customer from payment obligations for the services.
8.3.6. The Customer is solely responsible for the accuracy of payments. In the event of changes to the Contractor’s bank details, the Customer assumes responsibility for payments made using outdated information from the moment the new details are published on the Contractor’s official website.
8.3.7. The Customer is responsible for posting information on the Contractor’s or their own equipment that calls for the overthrow of the constitutional order, changes in government, armed insurrections, mass riots, civil war, incitement to national and ethnic hatred, changes in the borders of administrative-territorial units, declarations of independence of certain territories or their annexation to other countries, and any other information threatening national security, sovereignty, and territorial integrity.
8.4. Both the Contractor and the Customer are fully responsible for the accuracy of the details they provide and must notify the other party of any changes within 7 days.
8.5. The expiration of this Agreement does not relieve the Parties of responsibility for violations that occurred during the term of the Agreement.
8.6. For improper fulfillment of obligations, the guilty party is liable in accordance with the current legislation of Ukraine and this Agreement.
9. Disclaimer of Liability
9.1. The Contractor does not guarantee uninterrupted or error-free provision of the Services. The Contractor takes reasonable steps to prevent system errors but does not guarantee that the software or materials provided will be free from defects.
9.2. The Contractor is not responsible for losses or damages caused by unauthorized access to the Customer’s resources by third parties.
9.3. The Contractor is not liable for any damages caused to the Customer as a result of using software products obtained through the Services.
9.4. The Contractor is not responsible for the quality of the Services if the Customer uses uncertified equipment or software or if the Customer’s software and equipment are incorrectly configured.
9.5. The Contractor is not liable for any damages indirectly caused by the use of Internet resources.
9.6. The Contractor is not responsible for the content of information disseminated by the Customer.
9.7. The Contractor is not liable for claims made by third parties with whom the Customer has signed agreements related to the Services provided by the Contractor.
9.8. The Contractor is not responsible for any damages caused by the inability to use the Services due to errors, omissions, interruptions, or changes in functions. The Contractor does not guarantee that the Customer’s mail will be accepted from networks that are blacklisted by the Contractor’s mail delivery system.
9.9. The Contractor is not liable for indirect or consequential damages. Indirect losses include loss of expected income, profit, savings, business activity, or reputation. The Contractor’s liability is limited to documented actual damages, and the maximum amount of liability shall not exceed the amount paid by the Customer for the Services.
9.10. The Contractor is not liable as a defendant or co-defendant for violations of the terms of the offer by the Customer or other persons using the Customer’s login and password, or for any Internet-related activities involving the Customer’s account.
9.11. The Contractor is not responsible for the impossibility or delay in fulfilling its obligations due to circumstances beyond its control, such as fire, floods, strikes, accidents, communication breakdowns, or failure of third parties to fulfill obligations necessary for the Services.
10. Special Conditions
10.1. The absence of technical capability to provide Services is not grounds for filing claims or lawsuits against the Contractor.
10.2. Feedback, questions, comments, suggestions, and ideas sent by the Customer to the Contractor are not considered confidential and do not belong to anyone by ownership rights. The Contractor may freely use any ideas, concepts, know-how, or technical methods contained in such communications.
10.3. The Customer agrees to receive notifications about the Services via email and SMS.
10.4. The Customer agrees that during the term of this Agreement, the Contractor may publicly announce, orally or in writing, that the Customer is a client. Any other public communication about the Customer requires their written consent.
10.5. The exchange of messages, letters, and documents between the Parties may be conducted using an electronic (qualified) digital signature.
11. Privacy Policy
11.1. By entering into this Agreement, the Customer confirms they are fully familiar with its terms. If the Customer is an individual, they authorize the Contractor to process their personal data to fulfill the terms of this Agreement, conduct settlements, and receive invoices and other documents. The permission to process personal data remains valid for the duration of the Agreement and as long as necessary to achieve the purposes outlined in the Privacy Policy. Destruction of personal data upon the Customer’s request shall result in the termination of the Agreement. In such cases, the Agreement shall be terminated from the date specified in the relevant notice. By entering into this Agreement, the Customer confirms that they have been informed of their rights under the Law of Ukraine “On Personal Data Protection” and the purpose of data collection. The Customer also agrees that the Contractor may provide access to and transfer personal data to third parties without additional notice, provided the purpose of the data processing remains unchanged (e.g., registering a domain name). The Contractor is not liable for the actions of third parties to whom personal data is transferred. Personal data will be used and processed according to the privacy policy of the third party. The Customer understands their rights as a subject of personal data in accordance with the Law of Ukraine “On Personal Data Protection.”
11.2. The Contractor may collect information in the following ways:
11.2.1. Filling out registration forms: During the ordering process, the Customer may be asked to provide credentials (name, surname, login, password), email address, phone number, etc.
11.2.2. To identify the Customer as a registered user when accessing the Personal Account, the Customer enters a login and password.
11.2.3. Correspondence with the Customer’s support service.
11.2.4. Automatically collected data (IP address, cookies, etc.).
11.3. The Contractor may request non-confidential information that helps improve service quality, such as language preferences, type of activity, country and city of residence, and time zone.
11.4. The Contractor may collect non-personalized information from third parties, such as for advertising purposes. The Contractor is not responsible for the accuracy of such information or for third-party collection of analytical data on website usage.
12. Procedure for Consideration of Appeals, Claims, and Disputes
12.1. The Customer may submit applications, complaints, and claims (hereinafter referred to as “applications”) regarding the provision and receipt of services. Applications must be submitted in writing and registered in accordance with the procedure established by the Contractor.
12.2. Appeals related to the failure to provide services, untimely or poor-quality service shall be accepted within one month from the date of the event that prompted the appeal. Appeals submitted after this period will not be considered by the Contractor.
12.3. The period for considering Customer applications shall not exceed one month from the date of receipt.
12.4. The exchange of messages and documents under the Agreement shall be conducted at the postal addresses specified in the Agreement or on the Website and shall be considered received upon delivery or seven (7) calendar days after sending, unless otherwise specified in the Agreement.
12.5. Notices and documents transmitted to the Contractor shall take effect only after being received by the Contractor.
12.6. Claims against the Contractor regarding the provision of services shall only be considered upon the presentation of documents confirming the payment for said services by the Customer.
12.7. The Contractor reserves the right to involve competent organizations as independent experts to resolve disputes related to the Customer’s unlawful actions while using the Internet. If the Customer is found guilty, they shall reimburse the costs of the examination.
12.8. Disputes related to domain names will be resolved in accordance with the rules of the domain zone where the domain is registered. These rules are published on the official website of the domain zone.
12.9. In case of disputes, parties may present printed emails with preserved technical information as evidence. If technical headers are missing, the email cannot be considered valid evidence. The originality of email headers may be confirmed by the Internet Service Provider or by independent experts.
12.10. Any issues not regulated by this Offer shall be governed by the current legislation of Ukraine.
12.11. The Parties shall attempt to resolve any disagreements through negotiations. If an agreement cannot be reached, the dispute shall be settled in court at the defendant’s location.
13. Force Majeure
13.1. The Parties are released from liability for failure to fulfill or improper fulfillment of their obligations under the Agreement if it results from force majeure (natural disaster, war, riots, restrictive government decisions, changes in legislation, criminal acts by third parties, actions of public authorities, etc.).
13.2. The Party unable to fulfill its obligations due to force majeure must immediately, but no later than three (3) days after the commencement of such circumstances, notify the other Party (verbally, by letter, fax, email, or telephone). The notifying Party shall provide documentary evidence of force majeure circumstances within 10 days. Force majeure must be confirmed by a competent authority of Ukraine (if such confirmation is possible). If the force majeure lasts more than 15 days, either Party may terminate the Agreement.
14. Effective Date, Term, Procedure for Amendment and Termination of the Agreement
14.1. The Agreement shall enter into force upon the Customer’s acceptance of its terms—i.e., when the Contractor receives funds—and shall remain in effect until the end of the paid period.
14.2. After concluding the Agreement, all prior negotiations, correspondence, and preliminary agreements related to this Agreement shall become null and void.
14.3. The Agreement shall remain in effect until terminated by either Party in accordance with the terms specified herein.
14.4. The term of the Agreement shall automatically renew upon payment for the services.
14.5. The Agreement may be amended and supplemented at the initiative of the Contractor, in accordance with the procedure specified in clause 4.1.4 of the Agreement.
14.6. If the Customer fails to replenish their Personal Account within one billing period following the termination of services, the Agreement shall be deemed terminated on the last day of the said billing period. In this case, it is considered terminated at the initiative of the Customer.
14.7. Early termination of the Agreement at the initiative of the Customer is possible provided that the Customer has no outstanding debt for services at the time of termination, and submits a termination request 14 (fourteen) calendar days before the desired termination date. The Customer must also compensate the Contractor for actual expenses incurred during the period for services provided.
14.8. The Contractor reserves the right to unilaterally refuse service to the Customer at any time without explanation.
14.9. If services are terminated early, the Customer shall be refunded for any unused services in full months. Payments for the month during which the service was terminated will be refunded on a pro-rata basis for the unused portion.
14.10. Either Party may terminate the Agreement early in the following cases:
14.10.1. Failure of the other Party to pay amounts owed under this Agreement on time.
14.10.2. Recognition of one of the Parties as insolvent.
14.10.3. The initiation of bankruptcy proceedings.
14.10.4. Transfer of any portion of the other Party’s assets to third parties as part of insolvency proceedings.
14.11. If services become prohibited or cannot be provided for technical or legal reasons, the Contractor may terminate the Agreement by notifying the Customer as soon as possible.
14.12. Upon the expiration of the Agreement, the obligations of the Parties arising from the Agreement are terminated, and the Parties are no longer bound by any rights and obligations originating from the Agreement.
14.13. The Parties may assign their rights and obligations under the Agreement to third parties.
14.14. This Agreement is not a joint venture and does not grant either Party the status of a subsidiary, joint venture partner, or employee of the other Party. Neither Party may bind the other to obligations beyond the terms of this Agreement.
14.15. The invalidity of certain parts of the Agreement does not render other parts or the Agreement as a whole invalid.