Public Contract , Public Offer
This document is the equivalent of an oral agreement, accepted payment for services or registration on the site. Please read the text of the public contract before you start registration or ordering services on our website :
This Public offer shall be addressed to all individuals and legal entities, hereinafter referred to as the “Customer”, wishing to use the services of digital data hosting, virtual and dedicated servers lease, as well as other types of services, hereinafter referred to as the “Services” provided by Take Web Hosting – hereinafter referred to as the “Contractor” acting on the basis of Statute. This offer complies with the current legislation of international agreements in the field of consumer rights and personal data protection, the public offer shall be considered accepted when registering a Subscriber on the Contractor’s website https://takewebhosting.com/
TERMS AND DEFINITIONS
The Customer – the person to whom the Services are provided, in accordance with the terms of the Contract;
the Contractor – a person, providing services of CMS placement, and virtual and dedicated servers lease, who has undertaken to fulfill the terms of the Contract;
the Hosting – a service providing hardware and software complex for placing data on the server;
the Service – is the provision by the Contractor to the Customer of access to hosting for a fee or free of charge (test period), after the Customer’s registration in the manner prescribed by this Contract;
Test period – a period that consists of a certain number of calendar days described in the tariff, after the registration of the Customer on the service of the Contractor, during which Customer can receive the access to the service for free to familiarize with the quality of services;
Profile – a set of information about the Customer, which is provided by him/her, which contains information necessary for his/her identification, authorization and accounting;
Control panel – web interface and software interface (API), through which the Customer manages domains, profiles, websites, mailboxes, as well as where it’s possible to view information about the payment and period of Services. Access to Services Control panel is provided via authentication;
DNS Server- the application designed to respond to DNS queries for the corresponding Protocol, changes domain names into IP addresses;
Personal information – information or set of information about the person who is identified or can be specifically identified;
СDN – a geographically separated network infrastructure, which increases the speed of downloading Internet data at points where this network is;
Virtual Private Cloud (VPC) – separated server, the cost of which includes a specific resource;
Cloud hosting – the type of hosting which differs with its scalability.
Project support – activities providing the control and performance of Internet projects and its components.
Technical support-specialist\specialists who possess certain skills and knowledge in the field of information technology;
Cost of services (tariff) – payment, the amount of which is set by the Contractor for the provision of a certain amount of services to the Customer for access to the service.
- The subject of this Contract shall be the provision of a service or range of services:
– project support;
– virtual private server (VPC);
– cloud hosting;
– separated server;
– technical support;
– additional advisory and technical services;
1.2 The first step to receive services is to register on the website of the Contractor, the Customer should go to the appropriate section in which it’s needed to enter the email address, full name and password, to the email of the Customer it is sent an activation link to confirm the correctness of entered data. After clicking on the activation link, the Customer gets access to the use of the site.
1.3 The Service shall be provided on a paid or free basis at the Customer’s choice by providing access to the service, and the selected tariff.
The Customer who has registered on the site can get a trial period of the service if it is provided by the selected tariff plan. The provision of the test period shall not limit the Customer’s right to receive paid services.
1.4 The term of this Contract shall not be limited. Either Party may terminate it in the manner provided for in this Contract.
1.5 All changes and additions to this Contract shall be published on the Contractor’s website.
1.6 All terms of this Contract shall be binding on both the Customer and the Contractor. Before using the Service, the Customer shall be obliged to read the terms of this Contract.
1.7. In case of disagreement of the Customer with the changes made by the Contractor to this Contract or with the new tariffs for the Service, the Customer must stop using the service, notifying the Contractor.
TITLES AND OBLIGATIONS OF THE PARTIES
2.1 Obligations of the Contractor:
– to provide a secure interface for subscriber registration, process the data entered by the subscriber and create a unique account based on the data entered, as well as to provide the required parameters for access to the services in the Services Control panel.
– to provide services to the Customer according to the cost of the selected tariff, and in the case of free use of the service to provide the number of services that are determined by the Contractor according to the tariff plan.
2.2 the Contractor has the right:
– to terminate the provision of paid services since the expiration of their grant, and to terminate, limit, change the provision of services in the case of the following conditions:
- timely non-payment within 1 month;
- provision by the Customer of inaccurate or incorrect personal data or failure to provide such data at the Contractor’s request;
- the lack of response of the Customer on the Contractor’s request on the verification of the Customer within 24 (twenty-four) hours of receipt of such request from the Customer;
- using the services for carrying out illegal activities or activities that create obstacles to provide services to other customers.
- at the request of law enforcement agencies, copyright holders or other complainants
- in case of identification of processes or actions that can harm the work of projects or the integrity of the Customer’s data
– to change the order of services and their cost without renegotiation of this Contract by publishing changes on the website for 15 calendar days prior to their implementation.
– in case of increased (excess) needs of the Customer to the hardware and other resources provided within the ordered service -the Contractor reserves the right to offer the Customer a transition to another tariff plan;
2.3. The Customer is obliged:
– when using paid services to pay for the services of the Contractor in a timely manner in the amount, manner and terms provided for in this Contract.
– to comply with the terms of this Contract.
– to read the Contract, the terms of the selected services, to comply with and fulfill their requirements.
– to provide accurate and up-to-date information at the request of the Contractor for further cooperation under this Contract;
2.4 The Customer has the right:
– to require from the Contractor to provide Services in accordance with the terms of this Contractor.
– to receive information from the Contractor about the services and additional paid services.
– to get advice and assistance from experts if necessary.
– to contact the Contractor with complaints and suggestions to improve the quality of services.
COST OF SERVICES AND ORDER OF THEIR PAYMENT
3.1 The Customer shall pay for the Service at the rates established by the Contractor of this Contract. The Contractor shall reserve the right to change the established tariffs in case of changes in market conditions or other significant circumstances. The Customer at his/her discretion chooses the tariff according to which he/she will pay for the service.
3.3. Payment for services shall be carried out by the Customer on the service in the appropriate section of the Control Panel, through any secure payment service by transferring funds to the Bank account of the Contractor, or the company that receives and services payments of the Contractor, another legal method of calculation that satisfies both parties.
4.1 The Parties shall not be liable for non-performance or improper performance of their obligations if such non-performance or improper performance occurred as a result of force majeure. Force majeure shall mean fires, earthquakes, other natural phenomena, natural disasters, actions of third parties, failures in power supply and communications, which are used for the provision of services, adoption of acts of state bodies and other circumstances non-dependent from the Parties, that exclude the timely, complete and proper performance by the Party of its obligations under this Contract.
4.2. In the event of force majeure, the Party that is under its influence shall notify the other Party within 7 days from the date of occurrence of such circumstances or from the date of occurrence of such Party’s ability to notify the other Party of the occurrence of circumstances. After the termination of the force majeure, the Party that was under its influence shall notify the other party of such termination within 7 days from the date of the termination of the force majeure or from the moment such Party has the opportunity to notify the other Party of the termination of the force majeure.
RESPONSIBILITY OF PARTIES
5.1. The Contractor shall not guarantee absolute uninterrupted or error-free Services and shall not guarantee that the offered software or any other materials do not contain system errors. The Contractor shall make all reasonable efforts and measures to prevent this.
5.2. The Contractor shall not be liable for direct or indirect damage caused to the Customer as a result of the use or inability to use the Services or incurred as a result of errors, failures, unavailability of the Services, DDoS and other attacks on the Server or in the network of the Customer or the Contractor, deletion of files, defects, delays in operation or data transfer, or changes in functions and other causes.
5.3 The Contractor shall perform only technical functions and not acquire any rights to the relevant domain names and websites and shall not be responsible for the placement of any materials by the Customer on its hosting.
5.4. All disputes arising out of or related to this Contract shall be settled by negotiations between the Parties.
5.5. The Customer shall be fully responsible for the preservation of his/her password and for any losses that may arise due to unauthorized use of it.
THE TERM OF THE CONTRACT, THE PROCEDURE FOR ITS AMENDMENT AND TERMINATION
6.1. This Contract shall enter into force for the Parties from the date of registration of the Customer on the site, shall be considered concluded for an indefinite period and be valid until termination by one of the Parties or both Parties.
6.2. For refusal to receive paid services, the Customer needs to pay for the service for the last month of use and notify the Contractor of his/her desire to stop using the services.
6.3. If the Contractor makes changes to the Contract, the Contractor shall publish these changes on the website.