Public Offer Agreement for individuals and legal entities from March 1, 2016.
Registration and filling of client’s personal account in the billing of the company means the full acceptance of the terms and conditions mentioned below.
This agreement is governed by the relationship between the hoster. (hereinafter the Hosting) and a client of the hosting (hereinafter the Client).
This offer agreement does not require a signature in writing.
1. Area of Responsibility
1.1. Problems with the electricity, network, temperature control, physical security, hardware equipment are the responsibility of the hosting.
1.2. Problems with the OS, software, efficiency of the dedicated server is the client’s responsibility.
2. Procedure for Registration
2.1. The client is registered in the billing system of the hosting at https://cp.dedicated.sale/.
2.2. The company does not require registration or the availability of a domain name to use a dedicated server. While registering you can specify that the domain already exists or is registered in another company.
2.3. After registration, the Client receives a newsletter with all the necessary data and instructions for payment.
2.4. The term of registration is not limited, the Client can pay the ordered services at any time, however, the payment will be made in accordance with the current tariffs.
2.5. Hosting reserves the right to refuse to provide services without explanation of reasons before the activation server with a full refund of all funds.
3. Mode of payment
3.1. We accept: webmoney R/Z/E, yandex money, VISA/MasterCard, bank for individuals and legal entities, free-kassa- more than 15 ways, interkassa - 20 currencies.
3.2. The Client independently pays for the service from the billing-panel of the Hosting, except of cases of the manual payment.
3.3. All services are provided only on the basis of 100% prepayment. The test period is not provided, or is provided in exceptional cases at the discretion of the hoster.
3.4. Payment is made by available ways on the client’s choice.
3.5. In case of automatic payment – the fact of payment is considered to be accomplished only in the case of its registration by automated interfaces of billing system of the hosting.
3.6. For the payment in manual mode, the Client shall contact the Client Relations Department and agree on the procedure for payment. In this case, the fact of payment is considered to be accomplished after its registration by the worker of the Client Relations Department in the company’s billing system.
3.7. In the absence of payment for the next period, the dedicated server is blocked for 24 hours.
3.8. Information on a dedicated server is maintained for 2 days, then the hosting or data centers reserve the right to consider the server to be unnecessary and to format it.
3.8.1. Claims about the loss of data as a result of the overdue servers are not accepted and cannot be considered.
3.9. Unlock of a dedicated server is done in case of receipt of full payment, automatically or for some period of time. It is recommended that the Client creates a ticket on the performed payment of debt, to accelerate the unlocking.
3.9.1 The payment term starts after the day of lock, not the day of the new payment.
3.9.2 In case of regular neglect of payment terms (repeated payment delay), the hosting reserves the right to impose a fine on the Client in the form of payment for the reactivation of the server(s). A fixed amount of the fine is $15.
3.10. Time of preparation (activation) of dedicated server ranges from 4 to 72 hours.
3.11. The invoice issued by the billing system must be paid before the specified due date, otherwise, the server will be locked. That is, the invoice with a payment date of March 2, 2016 must be paid no later than March 1, 2016.
3.12. Waiver of the server – the Client is obliged to notify the Hosting of the waiver of the dedicated server, at least 3 days prior to the due date. Client Billing Panel – “cancellation request”.
3.13. Monthly payment period for dedicated server is considered to be 30 calendar days.
3.14. The payment Commission of intermediaries and payment systems can be added to the payment.
4. Moneyback refund
4.1. Moneyback, refund is not declared and is not performed.
5. The rights and obligations of the Client
5.1. Resale of company’s services without additional approval is permitted and encouraged by the partner program.
5.2. The client is given a root access (unless otherwise agreed) to the server, and the Client bears all responsibility in connection therewith.
5.3. The client has the right to install and use any software on his server in case if it is legal and does not violate the copyright and related rights, as well as the existing legal norms (depending on the country of location).
5.4. The Client is obliged to monitor the compliance of all placed materials, used software, content placed on the server, and be responsible for its compliance with the copyright laws and related rights and the norms of the current legislation (depending on the country of location).
5.5. The Client is fully responsible for his public statements and actions against the Company. In case of unprovability of any claims and/or accusations, the Company reserves the right to appeal to court.
5.6. The Client has the right to use his server for any purpose other than those which contradict the legislation of the country of location, copyright laws and related rights, as well as the ethical and moral standards.
5.7. All issues related to the efficiency of the Client server are accepted only through the ticket system of the Company, in the prescribed manner and time. When contacting make sure to specify all the required data.
5.8. In case if the Client does not take actions on the received complaint within 24 hours, Hosting and Data Centers reserve the right to block the Client without prior notice.
5.9. The Client assume responsibility without direction for any damage caused to the equipment of Hosting and Data Centers, including in cases of incorrect BIOS settings, etc. and reimburses it in full at the first request within 1 working day.
6. Traffic supervision
6.1. The Client is obliged to monitor all of the traffic generated by his dedicated server if there is a limit on the latter. The only correct traffic statistics is the statistics received by a hardware-technical complex of the Hosting and Data centers.
6.1.1. The speed of the Internet connection of the server is shared 1Gbit/s or shared 100 Mbit/s (connection port is specified in the tariff) unless specified otherwise.
6.1.2. Extra traffic can be purchased on a prepaid basis by agreement with the Client Relations Department.
6.1.3. Traffic counting is done by calendar months, independently of the payment date of the server.
6.1.4. The total volume of incoming and outgoing traffic is taken into account.
6.2. Control of the amount of traffic consumed is carried out independently by the Client, if necessary, at any time the Client may request the statistics on traffic consumed from the Hosting on the basis of Hosting indicators.
6.3. When the consumption of dedicated traffic is exceeded, the server is locked during the day. To unlock and pay of additional traffic (at least 100 GB), the client should contact the Client Relations Department.
6.4. Reaching of the threshold limit (the client will be notified) is a cause for immediate locking of the server, the claims for the lock due to the excess of traffic limit are not considered.
6.5. Increased load on the network of the company is the reason for locking of the server without refund of prepaid funds.
6.5.1. The Company and Data Center reserve the right to lock the client server, in the case of incoming DDOS attack for the entire time of attack.
6.5.2. In case of server shutdown because of DDOS attacks, traffic count, when it is exceeded, is also carried out by data center.
6.5.3. Payment for additional traffic should be made no later than 3 days after the invoice date.
6.5.4. Traffic consumption statistics is available to the Client in his account in real time and is considered as the only correct one.
7. Prohibited content and software
7.1. Placing of the information, software, contrary to the laws of the countries of location, copyright laws and laws on related rights, as well as that violating generally accepted norms of morality and ethics, is prohibited.
7.2. Placing of the software for mass mailings, submitters of messages, botnets, grabbing, fishing, other purposes, explicitly contradicting the legal work on the Internet.
8. Rights and Obligations of the Company
8.1. Company services are provided "as they are".
8.2. The Company undertakes to maintain the proper quality of network, power, cooling, to eliminate all the malfunction as soon as possible.
8.3. The Company undertakes to maintain latest prices at the level of the average market prices or below.
8.4. The company, data centers do not guarantee 100% of uptime of the network.
8.5. All planned technical work, updates, etc. are carried out from 2 AM to 8 AM, Moscow time, except for force majeure and unplanned work.
8.6. The Company shall not liable for unintentional disclosure of confidential and of any other information, as well as fraud cases on the part of third parties, intentional obstacles to operation of the services of the Company and damage of Company’s equipment, abduction and damage of the Client’s information.
8.7. The Company shall not liable for inability to access the services due to the fault of third parties (e.g., Internet service providers).
8.8. The Company reserves the right to stop the services and the Client Server for carrying out of routine maintenance, due to DDOS or other network attacks, as a result of natural disasters and other force majeure.
8.9. The Company does not carry out free client support, unless it is paid on the subscription or non-recurrent basis.
8.10. The company is responsible for the speed of access to the Client’s resources and the availability of Client resources within the data centers of the Company.
8.11. Data centers of Company reserve the right to lock the servers of the Clients of the Company at their own discretion, in case of lack of a timely response to complaints, as in the case of creating of increased load on the network and other infrastructures of the Data centers.
8.12. The Company shall not be liable for the work of third-party software on the clients’ servers, including software purchased with our help (e.g., control panels, operating systems, etc.)
8.13. The Company reserves the right to replace components of dedicated servers with similar in characteristics models or better ones without prior notice.
9. The Hosting reserves the right to terminate the provision of services in its own discretion, immediately and without notice in case of:
9.1. Unauthorized distribution and replication of software, protected by copyright, violation of the laws of country of location, other international regulations and agreements, export restrictions, fraud, drugs, and other illegal activities; Offer for sale or collection of email addresses for mass mailings.
9.2. Mass mailings, on receipt of which the explicit consent was not given, is SPAM.
9.3. Frequent use of the non-existent return mail addresses, mail bombing, spam on the forums, guest books and other on-line communities.
9.4. Defamation, distribution of personal information, violation of copyright and related rights, intellectual property rights.
9.5. Violation of privacy and property rights. Placement of defamatory and insulting information, aiding and abetting, incitement to international dissention, murder, terrorism and violence in any forms.
9.6. The Company disclaims any responsibility for decisions regarding the Client, in case of violation of copyright and related rights without clear evidence (notarized documents, court decisions) to the content (text and graphics, as well as video, and any other non-software content) of the servers. !!! These decisions may be taken by the Company’s Data Centers independently, the Company shall not be liable for them.
9.7. In the case of obstacles to the normal and stable operation of servers, network resources, general work of the company.
9.8. In case of indication of deliberately false data of the Client or refusal to confirm them.
9.9. Incorrect communication with the staff of the Company, including the use of foul language, spread of slanderous information about the company.
9.10. In case of violation of one of the clauses of this agreement.
10. The Hosting shall not be liable
10.1. For Client’s selection of the operating system, the software, the configuration of the server and the consequences that this may entail.
10.2. For no kinds of direct and indirect damages, loss of information, goodwill and other cases of damage.
10.3. The Hosting categorically does not bear responsibility for any technical or other clients’ requirements not stated in the tariff plans.
10.4. The Hosting does not monitor the content of the Client servers and does not have access to them. In case of complaint about client’s content, the client has 24 hours to address the issue and to inform the company, otherwise, the server can be locked.
11. Guarantee of dedicated resources
11.1. The company guarantees the compliance of dedicated resources to those declared on the website.
12. Guarantee of level of service
12.1. The company guarantees the maintaining of availability of infrastructure of data centers at the level of 99% per month.
12.2. Availability statistics is derived on the basis of external analyzers and is provided to clients at the discretion of the Hosting.
12.3. In case of violation of paragraph 12.1 of each full day (24 hours) of downtime is compensated to the Client in triple amount.
12.4. Compensation is charged only in the form of additional days of service and cannot be paid in monetary equivalent or credited to the Client’s account.