This Agreement is a standard form. The public agreement containing the details of the Provider rendering the relevant services specified in the Agreement is available for download in the User's personal account, at the link: https://portal.clapkey.com
PUBLIC AGREEMENT for the provision of web hosting services
This document is an official offer (public offer) of a business entity (hereinafter referred to as the "Contractor") and contains all material terms for the provision of services (Articles 633, 634, 641 and Chapter 63 of the Civil Code of Ukraine). In accordance with Part 2, Article 642 of the Civil Code of Ukraine, upon acceptance of the terms set out below and payment for services, the legal entity or individual thus accepting this offer becomes the Customer. Terms and definitions used in the AgreementServer – a software and hardware computing system that performs service functions at the client's request, providing access to certain resources. Traffic – the total volume of data (files, mail, etc.) that passes through the server during a certain period of time. Hosting – a service providing disk space and physical placement of data on a server that is permanently connected to the network.CPU (processor) – the processor power guaranteed by the Contractor when providing the Service to the Customer in accordance with the chosen tariff plan.RAM – the server's random access memory, the amount of which is provided in accordance with the tariff plan chosen by the Customer. Proxy server – a server and/or software that acts as an intermediary between client computers and/or servers. Domain name (domain) – part of the hierarchical address space of the Internet, which has a unique name identifying it, is serviced by a group of domain name servers, and is centrally administered. A domain is identified by its domain name. DNS server – domain name services containing the configuration files of a registered domain. Login – a set of letters, numbers and symbols unique to the Contractor's server, which, together with the Password, serve as the Customer's identifier. Password – a set of letters, numbers and symbols which, together with the Login, serve as the Customer's identifier. Order – an electronic message sent by the Customer from the Contractor's website (https://clapkey.com), which includes the order number as well as the list of the Contractor's Services the Customer wishes to receive. To place an order, the Customer fills out a form on the Contractor's website at https://portal.clapkey.com/. An order accepted for execution is an integral part of this Agreement. Order management system – a section of the Contractor's website, the login and password for which are provided to the Customer after placing an order at https://portal.clapkey.com/. The order management system stores the Customer's data, the list, date and content of electronic messages sent to the Customer by the Contractor, the list of invoices paid by the Customer, and active Services. The Customer is solely responsible for keeping the login and password to the order management system secure. Contractor's Website – a website located on the Internet at https://clapkey.com. The website is accessible to all Internet users 24 hours a day, 7 days a week. Spam is: • organized mass mailing of advertising, commercial or promotional information to other network users without their consent; letters containing rude and offensive language and proposals; posting advertising, commercial or promotional messages in any conference or forum, except where such messages are permitted by the rules of that conference or forum, or their posting was previously agreed with the owners or administrators of that conference or forum;• sending information to recipients who have previously expressed their unwillingness to receive such information;• using one's own or provided information resources (mailboxes, email addresses, WWW pages, etc.) as contact information when carrying out any of the above actions, regardless of the point in the network from which the actions were carried out. Web hosting Service (services):• providing the Customer with a unique name (login) and password that allow them to place data on the Contractor's server;• providing the Customer with a login and password to the order management system;• providing the Customer with disk space and other technical resources on the Contractor's server in accordance with the chosen tariff plan specified on the Contractor's website;• the Customer receiving consultations necessary for using web hosting from the technical support service, whose contact details are specified on the Contractor's website. 1. Subject of the Agreement1.1. Under this Agreement, the Contractor undertakes to provide the Customer with the web hosting Service in accordance with the tariff plan chosen by the Customer. The list of tariff plans and their cost are published on the Contractor's website.1.2. The Customer undertakes to pay for the Services they have chosen or that are already being provided, in accordance with the tariffs specified on the Contractor's website.1.3. The Service does not include the ability to receive/transmit electronic messages at the Contractor's office, configuring or diagnosing the Customer's personal computer, modem or software, or training in Internet skills and personal computer use. 2. Cost of Services and payment procedure2.1. The cost of the Services provided to the Customer under this Agreement is specified on the Contractor's website.2.2. The Contractor sends the Customer an invoice by email for prepayment of the Services at least 14 calendar days before the end of the billing period. The Customer pays the received invoice by transferring funds to the Contractor's settlement account within 14 calendar days from the date the invoice was issued, but no later than the end of the billing period. In the event of full or partial non-payment of the invoice within the specified period, the Contractor has the right to suspend the provision of Services until full payment for the Services is received.2.3. The contact email address is the email address specified by the Customer when placing the order and stored in the order management system. The Customer is solely responsible for the accuracy and functionality of the email address provided.2.4. Payment for the Services is made in the national currency of Ukraine in the form of prepayment for the period set by the Customer for the Service in the order management system. The minimum prepayment period for the Service is 1 (one) month. If it is necessary to change the payment period, the Customer notifies the Contractor via the contact email or changes the payment period through the order management system.2.5. The Customer is solely responsible for the accuracy and timeliness of the payments made for the Services provided by the Contractor under this Agreement.2.6. All bank commission fees for paying the Contractor's invoices are borne by the Customer2.7. In the event of a change in the Contractor's bank details, from the moment the new details are communicated by email and/or published on the Contractor's website (https://clapkey.com), The Customer is solely responsible for payments made using the old details.2.8. When the Customer prepares payment documents, the "Payment purpose" section must include the number of the invoice received by the Customer. If the invoice number is missing from the payment document, the Contractor does not guarantee that the received amount will be credited as payment for the prepaid Services.2.9. The Contractor may change the tariffs for the provision of Services. New tariffs are communicated to the Customer by publication on the Contractor's website and/or by sending a corresponding notice to the Customer's contact email. The Customer may disagree with such an increase and terminate the Agreement, notifying the Contractor within 10 calendar days from the date of publication on the website or receipt of the notice. The absence of a response from the Customer to a notice of tariff increase means that they agree to the new tariffs and all payment obligations. The Contractor may reduce the tariffs for the Services without prior notice. 2.10. The performance of the Services is confirmed by an Acceptance Act (hereinafter, the provision of services), which the Customer undertakes to sign within 5 calendar days from the receipt of the Act from the Contractor. 2.11. The Parties agree that, due to the specific nature of the Services provided to the Customer, the Services are deemed provided from the moment the Customer receives the login and password for using the Services at the contact email address. If the Customer makes a payment for the next period, the Services are deemed provided from the moment the Service's activity period is changed in the order management system. If the Customer has claims regarding the Services provided, they shall send the claims to the Contractor's postal address or email address no later than one day from the receipt of the Act of service provision. The Services are deemed properly performed if no claims are received from the Customer within 30 calendar days from the provision of the Services. 3. Rights and obligations of the Parties3.1. The Contractor is obliged to:3.1.1. Provide the services in accordance with the terms of the tariff plan chosen by the Customer for the Service.3.1.2. At the Customer's request, provide technical consultations to the extent necessary for correct interaction in fulfilling the terms of this Agreement. 3.1.3. In the event the Customer is dissatisfied with the quality of the Services provided and submits a written request for early termination of the Agreement, refund the remaining paid funds to the Customer within 30 calendar days from receipt of the written notice, less the cost of domain name registration if the domain name was registered free of charge. The remaining funds are calculated as of the receipt of the written request from the Customer. 3.1.4. In the event of a violation of the terms of this Agreement, notify the Customer by email of the detected violations. 3.1.5. Notify the Customer of any attempts by third parties to disrupt the operability of the Customer's website, if such cases require special action by the Contractor.3.1.6. Send the Customer a notice after suspending the provision of Services in the cases provided for in clause 3.3.1 of this Agreement.3.1.7. Not disclose or use information relating to the Customer's activities that became known to it during the performance of this Agreement.3.2. The Customer is obliged to: 3.2.1. When placing an order for the Service, provide complete and accurate information. The Contractor is not liable for consequences arising from incorrect data provided. If it is necessary to verify the Customer's identity, provide all data (documents) necessary for the Contractor to conduct such verification. 3.2.2. Comply with the requirements set out in the Agreement. 3.2.3. Follow the instructions of the Contractor's specialists regarding the use of the Services and the Internet. 3.2.4. Prepay for the Services in a timely manner. 3.2.5. Sign the Acts of service provision and send them to the Contractor within 10 (ten) calendar days from receipt. If the Contractor does not receive the signed Act of service provision within 30 (thirty) calendar days, or a reasoned refusal to sign the Act, the Services provided or work performed are deemed to comply with the requirements of the Agreement and to have been accepted by the Customer in full, confirmed by an Act of service provision signed by the Contractor. 3.2.6. Independently ensure compliance with Internet etiquette. 3.2.7. Not take any measures, knowingly or unintentionally, that could disrupt the functioning of the software and/or the system as a whole. 3.2.8. Comply with the requirements of current Ukrainian and international legislation, including not posting illegal materials on the website (pornography, propaganda of international, racial, ethnic hatred, terrorism, drugs, etc.), and not infringing copyright, related or other rights of third parties. 3.2.9. Not hold the Contractor liable for any claims and liability for debts, damages, costs and expenses, including all court costs, attorney and lawyer fees, arising from lawsuits and court decisions directly or indirectly related to the Contractor's Services. 3.2.10. Comply with the Rules for using virtual hosting services and the Internet 3.3. The Contractor has the right to: 3.3.1. Fully or partially suspend the provision of Services in the following cases without prior additional notice: • if the Customer fails to comply with the terms of this Agreement; • if the Customer repeatedly fails to follow the instructions of the Contractor's specialists regarding the use of the Services and the Internet; • if the Contractor believes that any actions taken by the Customer through the Services provided under this Agreement cause or may cause harm to the Contractor, other customers, or the normal functioning of the network; • if the Customer is found to have engaged in unauthorized mailing (spam) in any form; • in the event of the Customer violating Internet etiquette, namely the use of profanity in phone conversations or correspondence with the Contractor's specialists; • if providing the Service to the Customer harms the Contractor's business reputation; • upon receiving relevant recommendations or requirements from officials of executive authorities of Ukraine in the event of detecting violations of Ukrainian or international legislation. 3.3.2. The Contractor's technical support service is not obliged to provide consultations on general software, information about which can be obtained from the relevant user manuals for that software, and is not liable for unprofessional and unqualified actions of the Customer or its representatives. 3.3.3. If the Customer's needs exceed the hardware and other resources provided, offer the Customer a switch to another tariff plan, and, if the Customer refuses, suspend the provision of Services with a refund of the Customer's unused prepaid funds. 3.4. The Customer has the right to: 3.4.1. The Customer has the right, within 30 (thirty) calendar days from the start date of service provision, to refuse the Hosting services provided (except for: virtual server, physical server) and receive a full refund, less the cost of domain name registration if the domain name was registered free of charge. 4. Liability of the Parties4.1. The Contractor is not liable: 4.1.1. For interruptions in the provision of Services if they were caused by the actions of the Customer and/or a third party. 4.1.2. For any damage caused to the Customer as a result of using the Services provided by the Contractor, including cases where the Customer was informed of the possibility of such damage. 4.1.3. For the content and accuracy of any information transmitted or received through the provision of the Services. 4.1.4. For the proper functioning of the equipment and software belonging to and used by the Customer. 4.1.5. For lost profit and/or income, as well as for the Customer's indirect losses during the period of use or non-use (full or partial) of the Contractor's Services, including cases where the Customer was informed of the possibility of such losses. 4.1.6. For the technical condition of the network to which the Customer is connected. 4.1.7. For the content of information located on the Customer's website. 4.1.8. For the integrity, accuracy and availability of the Customer's websites and data on the Contractor's server. 4.1.9. For problems related to the Customer's use of unlicensed software and hardware. 4.1.10. For unqualified actions by the Customer regarding the use of hosting. 4.1.11. For the operability of software provided to the Customer if the Customer, knowingly or unknowingly, disrupted its operability, deleted or modified system or service files. 4.1.12. For the operability and fitness for use of software and hardware developed by a third party. 4.2. The Customer is liable: 4.2.1. For violations of current legislation committed by them or a third party through the use of the Services provided to the Customer by the Contractor.4.2.2. For failure to comply with the terms of this Agreement.4.2.3. For failure to comply with the deadlines and procedure for payment of the Services.4.2.4. For keeping the access parameters to the Service (login and password) secure, and for any losses that may be incurred as a result of unauthorized use of the access parameters to the Service.5. Transfer of rights and obligations5.1. Each of the Parties may transfer its rights and obligations under this Agreement, in full or in part, to its successors, branches, subsidiaries or other persons, of which the other Party must be notified in writing at least 14 (fourteen) calendar days before the transfer.5.2. The transfer of rights to the Service to another legal entity, individual or individual entrepreneur is carried out in accordance with the requirements and procedure published on the website: https://clapkey.com/ in the "Documents" section.6. Dispute resolution6.1. All disputes and disagreements arising from the performance of this Agreement shall be resolved by the Parties through negotiations.6.2. If the Parties are unable to reach agreement, the dispute shall be referred to court in accordance with the established jurisdiction and venue in the manner determined by the current legislation of Ukraine. 7. Force majeure7.1. Neither Party shall be liable for failure to perform or improper performance of the terms of this Agreement if this was caused by unavoidable actions due to force majeure circumstances that the Parties could not have known about in advance or could not have foreseen. Such circumstances include: fire, flood, earthquake, tsunami, tornado, hurricane, typhoon, landslides, mudflows, avalanches, volcanic eruptions and other natural disasters, wars, revolutions, coups, strikes, sabotage and terrorist acts, robbery, accidents in the power supply and communications system, changes in legislation, actions of state authorities and their officials, if these circumstances directly affect the performance of this Agreement, and their occurrence is certified by the Chamber of Commerce and Industry of Ukraine.7.2. The Party that becomes aware of the occurrence or approach of such circumstances shall immediately notify the other Party thereof.7.3. The performance of this Agreement, in whole or in part, is suspended for the duration of such circumstances. If the force majeure circumstances continue for more than three months, the Agreement shall be deemed terminated.8. Term and conditions for termination of the Agreement8.1. This Agreement comes into force upon signing by both Parties and remains valid for the term for which the Customer has prepaid the Services.8.2. If the Customer prepays for the Services for the next billing period before the expiration of the Agreement, the Agreement is automatically extended under the same terms specified herein.8.3. This Agreement may be terminated: 8.3.1. Based on clauses 2.5, 2.10, 3.2.10, 3.3.1, 4.2.2 and 7.38.3.2. At the wish of one of the Parties, of which the other Party must be notified at least 30 calendar days before the termination date of the Agreement.8.3.3. By mutual agreement of the Parties.8.3.4. Termination of this Agreement does not relieve the Parties of liability for its non-performance or improper performance.8.3.5. Termination of the Agreement does not relieve the Customer of the obligation to pay the Contractor for outstanding debts for Services provided.8.3.6. In the event of early termination of the provision of Services, the Customer shall be refunded for full months of unused time (payment for the month during which the service was terminated is not refunded), subject to a corresponding request from the Customer. 9. Information9.1. The Contractor may, at any time, without obtaining separate consent from the Customer, include personal data received from the Customer in the Contractor's relevant personal data database, publish their personal data in open sources to fulfill the terms of this Offer, and process such data in accordance with the purposes established by the Contractor and Ukrainian legislation, and in compliance with Ukrainian legislation. 10. Final provisions10.1. From the moment of signing this Agreement, all previous agreements and arrangements relating to the subject of the Agreement become void.10.2. All Annexes, Amendments, Additional Agreements, and amendments to this Agreement, signed by authorized representatives of both Parties, are an integral part of it.