1.1. "FOP Nechepurenko Dmytro Anatoliyovych", acting on the basis of the Certificate of Registration, hereinafter referred to as the "Contractor", offers any legal or natural person, hereinafter referred to as the "Customer", services in the Internet network (hereinafter Services). This offer contract is public, and according to Articles 633, 641, and Chapter 63 of the Civil Code of Ukraine, its conditions are the same for all consumers. Unconditional acceptance of the terms of this contract in accordance with paragraph 2 of Article 642 of the Civil Code of Ukraine is considered acceptance of this Offer (hereinafter the Contract) by the Customer and the Contractor.
1.2. By paying for the Contractorʼs services provided for in this contract and specified on the website https://cloudhosting.com.ua/, the Customer expresses full and unconditional acceptance of all the terms of this contract, in accordance with the provisions of Article 642 of the Civil Code of Ukraine (acceptance of the offer).
1.3. By accepting the terms of the Contract, the Customer confirms that he fully and unconditionally agrees that:
a. In the case of being a natural person, he gives consent to the Contractor for the receipt and processing of the Customerʼs personal data for the purpose of fulfilling the terms of this Contract. Permission to process and store personal data is valid for the entire term of the Contract, and further - for seven years after the expiration of the Contract. The date of termination of the Contract is considered to be the day of completion of the last ordered and paid service by the Customer.
b. Deletion and destruction of the Customerʼs personal data is carried out on the basis of a written (paper) application by the Customer and serves as the basis for the termination of this Contract. In this case, the Contract is considered terminated from the date of the relevant notification of the Contractor to the Customer.
c. In addition, by entering into the Contract, the Customer confirms that he is informed by this Contract about the rights established by the Law of Ukraine "On the Protection of Personal Data" and agrees that his personal data is transferred to the Contractor for the purpose of fulfilling the terms of this Contract, the possibility of making payments, receiving documents, registering domain names, etc. The Customer also consents to the publication of his personal data in the relevant Internet services necessary for the operation of services, domains. The Customer also agrees that the Contractor, without additional notice to the Customer, has the right to transfer personal data (both anonymized and open), or provide access to the Customerʼs personal data to other market entities solely for the purpose of fulfilling the terms of this Contract (domain name registration, hosting service provision, and other services provided by this Contract).
d. Also, by entering into this Contract, the Customer confirms that he, as a subject of personal data, is aware of and understands the content of the Law of Ukraine "On the Protection of Personal Data".
e. The Customer undertakes to process personal data of clients strictly in accordance with the Law of Ukraine "On the Protection of Personal Data".
Account — a set of user rights in relation to a multi-user system, which is formed after registration as an "account" on the Contractorʼs web server. It is determined by the presence of a unique name (Login) and Password and a home directory.
E-mail – electronic mail.
Website — the Customerʼs electronic representation on the Internet, an information-interactive resource.
DNS servers — domain name servers that contain configuration files of the registered domain.
Client Cabinet – the Customerʼs personal account, in which he can manage services, place orders, make payments, and more. The Client Cabinet is located on the Contractorʼs website https://cloudhosting.com.ua/
Login — a unique set of letters and numbers for the Contractorʼs web server, which, in combination with the Password, serves as the Customerʼs identifier.
Password — a set of letters and numbers, which, in combination with the Login, serves as the Customerʼs identifier.
Spam — mass mailing of letters with advertising, commercial or campaign information to other Internet users without their consent, using own or provided information resources (mailboxes, email addresses, WWW pages, etc.) as contacts for performing any of the listed actions, regardless of where in the Internet these actions were performed from.
Hosting – placing the Customerʼs website and email on the Contractorʼs server.
3.1. Under this agreement, the Contractor undertakes to provide the Customer with the following services:
- opening an account (providing a unique login and password that allow him to place information on the Contractorʼs equipment);
- allocating disk space to the Customer on the Contractorʼs equipment in accordance with the selected and paid tariff plan for hosting the Customerʼs website and storing the Customerʼs information on the specified space for the terms established by this Contract;
- supporting the primary and secondary DNS name servers for the domains used;
- the ability to use all available programs and features in accordance with the selected and paid tariff plan;
- initial software setup, technical support, and consultations via email and in the technical support section on the Contractorʼs website https://cloudhosting.com.ua/;
- other services described on the Contractorʼs website https://cloudhosting.com.ua/
3.2. The size and technical characteristics of the hosting account for hosting the Customerʼs website, as well as the cost of services under this agreement, are determined by the tariff plan chosen by the Customer according to the information provided on the Contractorʼs website.
4.1. The Contractor is obliged to:
4.1.1. Properly provide the services specified in paragraph 1 of this Contract in a timely manner in accordance with the terms of this Contract and within the framework of the selected and paid tariff plan and other services provided by the Contractor.
4.1.2. Ensure constant round-the-clock connection of the equipment used for hosting and maintaining the Customerʼs Website to the Internet network, except for periods required for technical work.
4.1.3. Notify the Customer about changes in service tariffs, service conditions, and payment methods, as well as other terms of this Contract at least 10 working days in advance by posting relevant information on the Contractorʼs website https://cloudhosting.com.ua/ and notifying the Customer via his E-mail address.
4.2. The Customer is obliged to:
4.2.1. Timely pay for the Contractorʼs services according to the selected tariff plan and under the terms of this Contract.
4.2.2. Follow the rules for providing services (paragraph 12 of the Contract).
4.3. The Contractor has the right to:
4.3.1. Temporarily suspend the service in case of:
a. Non-receipt of payment for the provided service;
b. In case of violation of the hosting rules by the Customer (paragraph 12 of the Contract);
c. In case of violation, if the materials posted on the Customerʼs website (domain) violate copyright;
d. When detecting DOS or DDOS attack on the Customerʼs website, IP address, domain, server.
4.3.2. In case the Customerʼs website exceeds the load norms on the server and other resources, the Contractor has the right to offer the Customer to switch to another tariff plan (VPS or dedicated server) to match the resources consumed by the Customerʼs website. The amount of processor resources is specified in the description of each hosting tariff plan on the Contractorʼs website. If the Customer refuses the proposed transition to another tariff plan (VPS or dedicated server), which will match the resources consumed by the Customerʼs website, the Contractor has the right to refuse further provision of the hosting service with a refund of the unused balance.
5.1. The cost of services is determined by the price list published on the Contractorʼs website. Payment for services is made by advance payments, the amounts of which are reflected in the Customerʼs client cabinet, located on the Contractorʼs website.
5.2. The cost of services and the payment procedure may be changed by the Contractor in accordance with paragraph 4.1.3 of this Contract. If the Customer does not agree with the relevant changes, he must notify the Contractor in writing (by e-mail) before the expiration of the period specified in the Contractorʼs notice. In this case, this Contract terminates from the moment the new payment terms are introduced and after the pre-paid period by the Customer ends. The absence of a notice from the Customer means his agreement with the changes and this Contract continues to be in effect under the new terms.
5.3. All notifications about the end of the provision of Services, as well as invoices and other financial and general information, are sent by the Contractor to the Customer exclusively via the Customerʼs contact e-mail. The Customer is responsible for the relevance and availability of his contact e-mail. The Contractor does not accept claims regarding undelivered notifications, invoices, and letters to the Customerʼs e-mail.
5.4. In case the Customer violates the payment procedure defined by this contract, the Contractor has the right to suspend the provision of Services to the Customer. Within 30 (thirty) days from the date of zero balance on the Customerʼs account, the Customerʼs login and the content of his website are preserved for the Customer. After this period, the content of the Customerʼs account may be automatically deleted, and the Contract terminated.
6.1. The Contractor does not compensate direct or indirect damages caused to the Customer as a result of using or inability to use the Services, including damages incurred by the Customer as a result of errors, omissions, interruptions in work, deletion of files, defects, delays in work or data transmission, changes in functions and other reasons. The Contractorʼs liability is limited solely to providing additional time for using the website depending on the duration of the service interruption. The Customerʼs lost profits are not subject to compensation by the Contractor.
6.2. The Contractor is not responsible for the quality of public communication channels used to access the Services.
6.3. The Contractor is not responsible for the content of the information transmitted by the Customer over the Internet.
6.4. The Customer is solely responsible for the content of the information transmitted by him or another person under the Customerʼs data over the Internet, as well as for the harm caused by his actions (personally or by another person using his credentials) to individuals, legal entities, the state, or ethical principles of society.
6.5. The Customer assumes full responsibility and risks associated with the use of the Internet through the Contractorʼs services, including responsibility for assessing the accuracy, completeness, and usefulness of any opinions, ideas, other information, as well as the quality and properties of goods and services distributed on the Internet and provided to the Customer through the Contractorʼs services.
6.6. The Customer is fully responsible for the security of his password and for damages that may arise from its unauthorized use. In case of theft of the login and password that occurred due to the fault of third parties, the client has the right to send a request to the Contractor to change the login and password, with the mandatory attachment of the corresponding financial document confirming the payment for the Services, as well as, upon the Contractorʼs request, a document confirming the Customerʼs identity. The Contractor is not responsible for the actions of third parties that committed the theft and caused damage to the Customer. The Customer independently decides which competent authorities to contact to protect his rights and legitimate interests in order to bring the guilty parties to legal responsibility and compensate for the damage caused to him at their expense.
6.7. The Parties undertake to ensure the confidentiality of the Customerʼs network credentials (password and username).
7.1. The parties are not liable for full or partial non-fulfillment of obligations under this Contract if such non-fulfillment is due to force majeure circumstances. These circumstances include natural disasters, accidents, civil unrest, strikes, military actions, unlawful actions of third parties, epidemics, fires, enforcement of legislative acts, orders, and decrees of state authorities, and other circumstances beyond the control of the parties.
7.2. The party invoking force majeure circumstances must notify the other party in writing within 5 days of the occurrence of such circumstances.
7.3. If a force majeure circumstance directly affects the fulfillment of obligations within the period specified in this Contract, the term for fulfilling the obligations is postponed proportionally to the duration of the relevant circumstance.
8.1. Customer claims regarding the provided Services are accepted by the Contractor only in writing and no later than 5 calendar days from the date of the disputed situation. The initial information is sent via electronic communication, and the original document must be sent by registered mail with delivery confirmation on the same day. The term for considering Customer claims is no more than one month from the date of proper notification.
8.2. To resolve technical and legal issues when determining the Customerʼs fault due to his wrongful actions when using the Internet, the Contractor has the right to independently involve competent organizations and experts.
9.1. The parties have the right to transfer or entrust the fulfillment of their rights and obligations under the Contract to a third party, notifying the other party at least 10 calendar days in advance.
9.2. In all cases not specified and not provided for in this Contract, the parties must be guided by the current legislation of Ukraine.
10.1. This Contract comes into force from the moment the Customer makes a payment for the Contractorʼs services and is valid for the term determined by the Customerʼs tariff plan.
10.2. After the expiration of the Contract, if the Customer continues to use the Contractorʼs services and there are no objections from the parties expressed in writing by e-mail, the Contract is considered extended for the next term under the same conditions. The rule for extending the Contract term established by this paragraph applies in all subsequent cases of extending the Contract term.
10.3. In case of violation by the Customer of the terms of this Contract, the Contractor has the right to terminate the contract unilaterally, simultaneously sending the Customer a written notice to the Customerʼs e-mail. The date of termination of the Contract is considered the date of sending the relevant notice to the Customer.
10.4. The Customer has the right at any time and without explanation to unilaterally refuse the Contractorʼs Services.
10.5. In case of early termination of this Contract, the Contractor, upon providing the Customer with the relevant documents, refunds the latter in an amount proportional to the cost of the unused volume of Services. Refunds are not made if the Contract is terminated due to the Customerʼs violation of paragraph 4.2.2. of this Contract.
10.6. The Contractor reserves the right not to extend this Contract with the Customer without explanation, about which the Contractor must notify the Customer by e-mail no later than 15 days before the Contractʼs expiration date.
10.7. For all issues not regulated in this Contract text, the parties are guided by the current legislation of Ukraine.
10.8. The parties keep confidential information related to this Contract and undertake to use it solely for the purpose of fulfilling their contractual obligations.
10.9. The Contract remains in effect in case of changes in the addresses and details of the parties, changes in their founding documents, including changes in the owner, organizational and legal form, etc., as well as the Customerʼs passport, contact, and other data.
10.9.1. The Contractor notifies the Customer of the relevant changes by posting a notice on his website.
10.9.2. The Customer makes the relevant changes by correcting the data in his client cabinet.
11.1. Disputes and disagreements under this Contract shall be resolved by the parties through negotiations, and in case of failure to reach an agreement - in accordance with the current legislation of Ukraine.
12.1. These rules are an integral part of the Offer Agreement.
12.2. The Contractor provides the Services paid for by the Customer, specified in the Contract, and also ensures the operation of the technical support service.
12.3. The Customer must independently protect from dissemination and publication the assigned username (login), account identification number, and password. In case of publication of this information, the responsibility for all actions performed under the Customerʼs login and password, either by himself or by third parties, lies entirely with the Customer. The Contractor is not liable to the Customer for any damage incurred by him in connection with the loss of his account and website access credentials.
12.4. All domain names and websites located within the account supported under this agreement must belong to the Customer. Placement of domain names and websites belonging to third parties is not allowed.
12.5. The Customer is prohibited from:
12.5.1. Using the Services to transmit any information over the Internet that violates current Ukrainian or international law;
12.5.2. Publishing or transmitting any information or software that contains computer "viruses," other harmful programs, or capable of disrupting the normal operation of computers accessible through the Internet;
12.5.3. Falsifying his IP address, as well as addresses used in other network protocols, when transmitting data over the Internet;
12.5.4. Installing software on the Contractorʼs servers that is not directly related to the virtual hosting service (e.g., proxy servers, socks servers, IRC servers, IRC bots, instant messaging servers, etc.), as well as any software whose functioning infringes on the interests of other Customers;
12.5.5. Engaging in mass mailing (spam), both from the Contractorʼs servers and from any other servers, via e-mail. Open publication of an e-mail address or other personal information exchange system cannot be the basis for adding the address to any mailing list;
12.5.6. Attempting unauthorized access to the Contractorʼs resources and other systems accessible via the Internet. Unauthorized access means any access method other than that intended by the owner;
12.5.7. Engaging in actions that transmit meaningless or useless information to third-party computers or equipment, creating unnecessary (parasitic) load on these computers or equipment, as well as intermediate network sections, in volumes exceeding the minimum necessary to test network connectivity and availability of its individual elements;
12.5.8. Using the Services to distribute and transmit pornographic materials;
12.5.9. Publishing, and/or otherwise disseminating information about third parties that is not true, thereby affecting the honor and dignity of individuals, or the business reputation of legal entities;
12.5.10. Publishing and/or using personal identification data (names, addresses, phone numbers, etc.) of third parties, except in cases where these individuals have explicitly authorized the Customer;
12.5.11. Publishing and/or distributing materials protected by copyright, thereby violating copyright and related rights;
12.5.12. Publishing schemes for fraud, tools for hacking software, traffic redirection utilities; distributing spam mailing software, email address databases; publishing spam mailing service offers.
12.6. The list of the Customerʼs wrongful actions is not exhaustive. Any action by the Customer not provided for by the Contract and current legislation of Ukraine, technical standards, and Internet conduct norms, containing the elements of a criminal or administrative offense, or violating the rights and legitimate interests of third parties, may be classified by the Contractor as a significant breach of the Contract terms.
12.7. In case of violation of the listed Conditions, the Contractor has the right to suspend the provision of services under this agreement until the Customer fully rectifies the facts that served as the basis for such suspension, or to terminate the provision of Services and unilaterally terminate this Contract.
12.8. Failure to make a prepayment by the Customer for more than 30 calendar days is recognized by the Parties as the Customerʼs refusal to continue using the services under this agreement. The Contract is considered terminated, and all Customer data is deleted from the database and servers without additional storage.
13.1. Contractor: FOP Nechepurenko Dmytro Anatoliyovych
13.2. EDRPOU: 3203616394
13.3. IBAN Account: UA883220010000026005320095137
13.4. E-mail: info@cloudhosting.com.ua
13.5. Website: https://cloudhosting.com.ua
13.6. Legal address: Ukraine, 65088, Odesa region, Odesa city, LUSTDORFSKA DOROGA street, building 125/2 37
