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:
PUBLIC CONTRACT for the provision of services
The information provided below is an official offer (offer) to any individual, legal entity to enter into an Agreement for the provision of services. This Agreement is public and in accordance with article 633 of the Civil code of Ukraine its conditions are the same for all customers. If you agree with the terms of the presented Agreement — you can pay for the services. In case of receiving payment for the services, the Agreement will be considered concluded, and our company is such, which has undertaken to provide the relevant services.
1.1. This document is an official offer (public offer) of an individual entrepreneur Brezhniev D.S, hereinafter referred to as "the Contractor", and contains all the essential conditions for the provision of services (Art. 633, 641 and Chapter 63 of the Civil code of Ukraine).
1.2. According to item 2 of Art. 642 of the Civil Code of Ukraine (SCU) in case of acceptance of the conditions stated below and payment of services the legal entity or physical person making thus acceptance of this offer becomes the CUSTOMER.
1.3. This Agreement may be concluded in one of the following ways:
a) by its signing by the authorized representatives of the Customer and the Contractor;
b) by registering the Customer on the web-resource of the contractor at the Address https://ultahost.com (hereinafter - the "Contractor's website") in accordance with the Instructions published on the Contractor's website (hereinafter-the" Contractor's Instructions"), assignment of the Contract number (if the customer is not assigned a contract number, the contract number is the customer's account name - hereinafter" login") and subsequent payment by the Customer of the invoice issued via the Contractor's web - interface, in compliance with all conditions specified in the Contract. The customer is responsible for the accuracy of this information during registration.
1.4. Terms used in this agreement
Server - a software and hardware computing system that performs service functions at the request of the client, giving him access to certain resources.
A web server that receives requests from clients and provides responses, usually in the form of hypertext markup (html) pages, data pages, images, files, media streams, and other data.
Web hosting (virtual web server) - a service to provide disk space for the physical location of the customer's files on the contractor's server, constantly connected to the Internet.
IP address - a unique identifier, address of a device, usually a computer connected to a local network or the Internet, used in the routing network Protocol (Internet Protocol) of the TCP/IP family.
SSH access - a Protocol that allows you to access directly to the server with user credentials for remote management of the operating system, including files and folders
Domain name - a symbolic name that serves to identify areas (zones) - branches of the hierarchical namespace of the Internet, or domains, in accordance with the domain name system DNS. Domain names offer the possibility of addressing nodes on the Internet and located them on network resources (web sites, email servers, other services) in human readable form.
DNS name servers (Name server) is a distributed system for converting a domain name (computer name or other network device name) to an IP address and Vice versa.
Nickname-handle (nic-handle) - a network identifier that contains contact information about a particular person or organization. Nickname-handles are used to establish links to contact information about the owner (technical contact and others) of the domain name. The Whois service for the award of a contact person of the domain referenced by their NIC-handle.
Whois - a service that works on the whois Protocol and is designed to obtain contact information and technical information about domain names, IP-addresses and other network information. Whois service is a public (public) service of the Internet.
Spam is not pre-ordered e-mail messages by users, which are either mass, or in which no reliable information about the full name, own mail or e-mail address of the customer or the sender of these messages is provided, or the further receipt of which the user can not stop by informing the customer or the sender.
Abuse - complaint users, directed hosting provider. In most cases, the reason for writing an abuse is the placement of sites with illegal content: pornography, Varese, copyright infringement (movies, music, etc.), or spam, phishing and other violations.
Brute force (from the English. brute force) - a method of finding and breaking a certain value (for example, a password) by going through all the theoretically possible options.
Phishing (English. phishing, from fishing - fishing, fishing) - a type of Internet fraud, the purpose of which is to gain access to confidential user data-logins, passwords, card numbers, etc.
2.1. Under The contract, the Contractor undertakes to provide the customer with the Services selected by the customer, and the Customer assumes the obligation to accept and pay for these Services. Description of Services, their list and cost are published on the official website of the Contractor https://ultahost.com The website of the Contractor is a public resource, i.e., to which all Internet users have access 24 hours a day, 7 days a week.
2.2. When accepting the terms of the Contract, the Customer undertakes to pay for the selected Services in accordance with the Rates specified on the Contractor's website.
2.3. The list of Services does not include the provision of the possibility of receiving and transmitting electronic messages of the Customer in the office of the Contractor, setting up or diagnosing a personal computer, modem and software of the Customer both in the office of the Contractor and on-site to the Customer, as well as training in the skills of work on the Internet.
2.4. The contractor shall provide registration of a domain name on the basis of Agreements concluded with domain administrators and other registering organizations.
2.5. When assisting the Subscriber in the registration of a domain name, the Contractor shall not be liable for the terms and possible delays in registration associated with the technological features of the registering organization. Also, the Contractor is not responsible for the refusal of the registering organization to register a domain for any reasons that do not contradict their internal Regulations.
2.6. A new domain name is registered if all the necessary conditions, rules and regulations for its registration are met, in particular:
3. THE RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. Duties Of The Contractor:
3.1.1. At a high level of quality to fulfill its obligations, the terms of which are defined in Section 2 of this Agreement.
3.1.2. Provide Services in accordance with the chosen tariff plan and basic tariffs.
3.1.3. Not later than 24 hours (twenty four hours) to warn the Customer about the maintenance and repair works, sending appropriate warnings to the Customer's e-mail address.
3.1.4. To publish official communications, related to the maintenance of Customer and change of tariffs on payment, on the website of the Executor – https://ultahost.com and also send them an e-mail subscriber, if necessary.
3.2. Obligations Of The Customer:
3.2.1. Provide complete, truthful and accurate information in the amount necessary to provide the services it requests/purchases. The information provided by the Customer, if necessary, can be published in public sources.
3.2.2. Use the services of the Contractor only legally in accordance with the current legislation of Ukraine and international acts.
3.2.4. By agreeing to the provisions of this Agreement, the Customer also confirms the information that he has all the knowledge and skills, or he has employees who have those necessary for the correct use of the services provided by the Contractor.
3.3. Rights Of The Performer:
3.3.1. The contractor has the right to terminate/block access to the Services and refuse to provide the Services in the future, disable the account and terminate the Agreement unilaterally with or without prior notice and without refund in case of violation of the rules or violations of the provisions of Section 4 and/or Section 5 of this Agreement.
3.3.2. In case of increased needs of the Customer to hardware and other resources that are provided within the framework of the ordered service, the Contractor reserves the right to offer the Customer a transition to another tariff plan, and if the Customer refuses to stop its service without a refund and terminate this Agreement unilaterally.
3.3.3. The contractor has the right to change the rates that are provided to the Customer. New tariffs start to operate from the moment of their publication on the official website of the Contractor - https://ultahost.com Change of tariffs for already prepaid Services is not carried out. If the Customer disagrees with the new tariffs, he sends a letter to the Contractor's e-mail.
3.3.5. The contractor has the right to request the Customer to provide electronic copies of the passport or other documents confirming the identity of the Customer in order to ensure the accuracy and truthfulness of information about the registrant during the operations - change of the domain owner, change of the domain Registrar (internal and external transfer), as well as early removal of the domain. In case of failure to provide the requested data, the Contractor reserves the right to refuse to carry out these operations.
3.4. Customer Rights:
3.4.1. Require the Contractor to provide timely and quality Services in accordance with the terms of this Agreement.
3.4.2. Receive information from the Contractor about the quality, cost and order of Services.
3.4.3. Contact the Contractor with complaints and suggestions for improving the quality of services.
4. THE PROCEDURE FOR GRANTING AND ACCOUNTING OF SERVICES RENDERED
4.1. Services are provided to the Customer during the term of the Contract subject to prepayment on the basis of the invoice or the presence of a positive balance, greater or equal to the cost of services on the customer's personal account/balance sheet (hereinafter HP).
4.2. The customer's requests are considered to be authorized (verified) and are executed by the Contractor if they were sent from the contact e-mail address (e-mail) of the Customer. Customer requests are accepted directly to the e-mail address of the Contractor, specified on the Contact page on the official website of the Contractor, or through the Support section in the personal account of the client on the official website of the Contractor. Any requests made under other channels: telephone, live chat, Skype, etc.are not considered authorized and are exclusively Advisory in nature.
4.3. The customer who has concluded the Contract by means of acceptance of the offer has the right at any time to demand from the Contractor the text of the Contract signed by the authorized representative of the Contractor and sealed , as well as acts of work performed. These documents in the amount of two copies are sent to the address specified by the Customer.
4.4. After the Contractor receives a copy of this Agreement signed by the Customer, accompanied by copies of Supporting documents, the Customer acquires the full rights provided by the written Contract.
4.5. If within 10 days after the provision of services, the Customer has not addressed to the Contractor with the requirement to provide the original acts of work performed, or has not provided a claim to the quality of services provided, issued under the terms of this agreement, it is considered that the services provided or work performed meet the requirements of the contract and accepted by the consumer in full, as evidenced by the act of work performed, which is signed by the Contractor.
5. THE COST OF SERVICES AND SETTLEMENT PROCEDURE
5.1. The cost of Services is indicated on the official website of the Contractor.
5.2. Payment for Services is made in the form of prepayment to the account or to the cash Desk of the Contractor, according to the invoice when ordering on the website of the Contractor. Also, payment can be made by the Customer using payment cards of international payment systems Visa, MasterCard in real time on the website of the Contractor or in other way.
5.3. Payment is made for the period, which is calculated in months or years, depending on the type of service. The service can be paid for at least for the minimum period possible to provide this particular service. The maximum period of service provision may not contradict the relevant regulatory documents and legislation of Ukraine. Payment is a fixed payment and is paid by the Customer regardless of the fact of using the Services.
5.4. When the Customer makes payment documents in the "Purpose of payment" is required reference to the invoice number. In the absence of reference to the invoice, the Contractor does not guarantee the transfer of the amounts received in payment for the Customer's services, and receipt of the payment document is not recognized as acceptance of the Contract.
5.5. The fact that the payment is considered confirmed, and the Customer's account balance is replenished, after receipt of information from the Bank about transfer of money resources on the settlement account of the Contractor, in compliance with provisions of clause 5.4.
5.6. The customer is solely responsible for the correctness of the payments made by him. When changing the Bank details of the Contractor, from the moment of publication of new details on the Contractor's website and notification to the contact e-mail address (e-mail), the Customer is solely responsible for payments made by outdated details.
5.7. In case of cancellation of the domain name registration before the expiration of its validity, as well as in case of transfer of the domain name to another person or for service to another Registrar, including by court decision, the funds for services for registration/renewal of such domain name registration are not returned, and the responsibility of the Contractor for each such domain name
6. RESPONSIBILITY OF PARTIES
6.1. The contractor does not guarantee absolute uninterrupted or error-free Services and does 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.
6.2. The contractor shall not be liable for any direct or indirect damage caused to Customer or third parties resulting from the use or inability to use the Service or incurred as a result of errors, omissions, interruptions, deletion of files, defects, delays in operation, or transmission, or change the functions and other reasons.
6.3 the Contractor does not guarantee the acceptance of the Subscriber's mail from remote networks, the operation of which led to the entry of the address of such network in the lists on which the program of the Contractor's mail delivery does not receive mail.
6.4. The contractor shall not be liable for the quality of public communication channels through which access to the Services is provided, as well as for the notification of any third parties about the deprivation of the Customer's access and for the possible consequences that have arisen as a result of the lack of such warning.
6.5. The contractor shall not be liable for failure or improper performance of obligations under this Agreement, which occurred as a result of force majeure (earthquake, flood, hurricane, etc), theft or damage by intruders lines and station facilities or the Customer's fault.
6.6. The contractor is not a defendant or a co-defendant for any obligations and expenses related to the violation of the provisions of this Agreement by the Customer or other persons who use The customer's account name (Login) and password; related to the use of the Internet through the Services; related to the placement or transfer of any message, information, software or other materials on the Internet by the Customer or other persons who use his account name (Login) and password.
6.7. The contractor, domain zone Administrators and Registry Operators are not responsible or responsible for any consequences of the use or misuse of the Customer's domain names, including to third parties, as well as for violations by the Customer of any rights of third parties.
6.8. The customer is responsible for signing the acts of the services provided, the work performed and sending them to the Contractor within 5 (five) working days from the date of receipt, and in case of disagreement within the same period, sending the Contractor a reasoned refusal to sign the Act, in this case, if the Contractor does not receive a signed act or a reasoned refusal to sign the Act within 10( ten) working days from the date of their receipt, it is considered that the services provided or the work performed meet the requirements of the contract and accepted by the consumer in full, this is confirmed by the act of services provided, which is signed by the Contractor.
6.9. According to the current legislation of Ukraine, the Customer assumes full responsibility and risk associated with the use of the Internet via the Services. In particular, it is the responsibility to evaluate the accuracy, completeness and usefulness of any thoughts, ideas or other information, as well as the quality and properties of goods and services that are distributed on the Internet and provided by the Customer through the Services.
6.10. The customer is fully responsible for the storage of his password and for any losses that may be caused as a result of its unauthorized use. Upon the theft of the account name (Login) and password caused by the fault of third parties, the Customer has the right to send to the Contractor's address a written application for changing the password with a mandatory Annex to the application of the relevant financial document, which confirms the payment of Services. The contractor is not responsible for the actions of third parties that led to the theft, and to compensate for losses caused by theft, the Customer must contact the appropriate investigative and law enforcement agencies.
6.11. In accordance with paragraph 3 of article 207 of the Civil code of Ukraine, the Parties agreed that the contractor may use facsimile reproduction of the signature of the authorized person to sign the Acts within the framework of the Contract.
6.12. The contractor reserves the right to make changes to the text of this Agreement without notice to the Customer. Changes to the Agreement shall enter into force upon publication on this website.
7. SPECIAL CONDITIONS AND DISPUTE RESOLUTION
7.1. All disputes between the Parties regarding the execution of this Agreement shall be resolved through negotiations between the Parties. The parties shall establish a mandatory pre-trial form of dispute settlement by filing a claim in accordance with the Civil procedure code of Ukraine.
7.2. The Contractor shall consider only those claims regarding the Services that are submitted by the Customer in writing and within a period that does not exceed 3 (three) calendar days from the date of the dispute. The term of consideration of the customer's claims shall not exceed 14 (fourteen) calendar days.
7.3. Consideration of claims related to the provision of Services shall be carried out by the Contractor subject to the presentation of the Customer of the relevant financial documents that confirm the payment of Services for which the claim is filed.
7.4. When considering disputes, the Parties have the right to provide printed e-mails (e-mail) as evidence with the stored technical information in them (titles). If the service technical information (title) is missing, such letter is not proof. The originality of the e-mail titles can be confirmed by the Internet service Provider, with the help of which the corresponding e-mail or independent experts was sent.
7.5. In case of impossibility of settlement through negotiations, disputes are resolved in court in accordance with the current legislation of Ukraine.
7.6. This Agreement is made in English, Ukrainian and Russian. In case of disputes, the Russian version has an advantage.
8. THE TIME OF ENTRY INTO FORCE OF THE TREATY. VALIDITY. TERMINATION
8.1. This Agreement shall enter into force upon receipt of payment for the Services from the Customer and is valid for the entire prepaid period Of service.
8.2. If the Customer pays for the Services for the subsequent billing period before the end of the Contract, the Agreement is automatically extended on the same terms and conditions as defined in this Agreement.
8.3. The agreement shall terminate in the event of:
8.4. The contractor has the right at any time to unilaterally refuse to provide Services to the Customer without explanation.
8.5. In case of early termination of the Agreement, the Customer has the right to request a refund for prepaid services of virtual hosting or virtual servers (VDS). For each request, the decision on the implementation of the refund is made individually by the Contractor. Refund can be made only in the payment system, which is presented on the website of the Contractor in the "payment Methods". Prepayment for Services other than shared hosting or VPS is not refundable.
8.6. In case of early termination of the Agreement, the parties provide for the procedure of transfer of the domain name delegated to the Customer to service by another Registrar without canceling the delegation of such domain name.
8.7. For all matters not regulated in this agreement, the Parties shall be guided by the current legislation of Ukraine.