1 Публічний договір - IT UA

Information about the contract

Performer. - an individual or legal entity that provides the services offered on the website https://it.cx.ua.

Customer. - a natural or legal person who is interested in receiving the services presented on the website https://it.cx.ua.

The information below is an official offer to a legal entity or individual to enter into a subscription service agreement with the Contractor (exceptions are defined in clause 7.8 of the Public Subscription Service Agreement). In order to conclude the said agreement, it is not necessary to come to our company's office, negotiate and fill out papers. To conclude the agreement, it is enough to read this information and the text of the agreement below. This agreement is a public agreement, i.e., in accordance with Article 633 of the Civil Code of Ukraine, its terms and conditions are the same for all consumers.

If you agree to its terms, you can pay for the services. In this case, the agreement will be considered concluded, and the Contractor will be deemed to have assumed the obligation to provide the services specified in the agreement. Citizens can pay through any branch of a commercial bank.

In accordance with the Civil Code of Ukraine, in case of acceptance of the terms and conditions set forth in this Offer and payment for services, the individual or legal entity that accepts this Offer becomes the Customer (acceptance of the Offer is tantamount to concluding the Agreement on the terms set forth in the Offer).

In the future, if you need it, you will be able to receive a documented agreement with the Contractor's signatures and seal at a time convenient for you.

 

Public contract for subscription services

The Contractor, on the one hand, and the Customer, on the other hand, have entered into this agreement as follows:

  1. SUBJECT MATTER OF THE CONTRACT
    1. In accordance with the terms of this Agreement, the Contractor undertakes to provide the Services in the manner and on the terms provided for herein, and the Customer undertakes to accept and pay for the Services provided.
    2. This agreement has the character of a public offer and is equivalent to an "oral agreement" and has due legal force in accordance with the current legislation of Ukraine.
  2. GENERAL PROVISIONS
    1. Services shall mean the provision of services to the Customer:
      1. A unique name (hereinafter referred to as login) and password that allows you to manage the services on the website https://it.cx.ua/. This information is sent to the Customer's contact e-mail address (e-mail) after completing the registration and payment procedure. The contact e-mail address is the address specified by
      2. Possibility to place information on the Contractor's servers within the quota provided by the tariff plan.
      3. Registration of domain names and their support on primary and secondary DNS name servers, if such service is ordered on the official website https://it.cx.ua/.
      4. Possibilities to organize email names with the amount of information stored at any given time within the quota provided by the tariff plan.
      5. Possibilities of addressing the hosted resource.
      6. Consultations necessary for the use of the Service by e-mail or telephone.
    2. The Customer agrees to the storage and processing of personal data in order to ensure the implementation of relations in the field of information technology.
  3. RIGHTS AND OBLIGATIONS OF THE PARTIES
    1. RESPONSIBILITIES OF THE CONTRACTOR
      1. Provide the Customer with the Services in accordance with the amount of the subscription fee paid in accordance with the procedure provided for in Section 4 hereof.
      2. Register the Customer's account and provide him/her with the name (login) and access password via e-mail.
      3. To keep the Customer's information received from him/her during the registration process, as well as the content of private e-mail messages confidential, except as provided by the current legislation of Ukraine.
      4. Publish official notices related to customer service and changes in payment tariffs on the website https://it.cx.ua/.
      5. Classify the Customer's data received by the Contractor during registration or in the process of using the services, namely, surname, name, patronymic, phone number, e-mail, address, etc. as restricted information protected by the provisions of the applicable law. Such information may be used/published/transferred by the Contractor to provide the ordered services, as well as in other cases provided for by law.
    2. CUSTOMER'S RESPONSIBILITIES
      1. Possess the minimum skills and knowledge necessary to use the Service independently.
      2. Provide accurate information during registration and conclusion of the Agreement.
      3. Upon the first request, provide the Contractor with scanned copies of the completed application and passport (page 1, 2 and registration). The application in this Agreement means a personally completed and signed application to the Contractor, the requirement to fill it out in cases determined by the Contractor and communicated to the Customer by means of e-mails and instructions on the website https://it.cx.ua/. The form of such application is available for download by the Customer in his personal account on the website https://it.cx.ua/ or it can be written by the Customer in any form.
      4. Timely provide the Contractor with information about changes in information, such as contact email address, telephone number, and postal address (for sending documents - if you wish to sign the agreement later).
      5. When contacting the technical support service through the website https://it.cx.ua/, use the contact email address (the address specified when ordering the service) and provide your login, first and last name, as well as use other methods of confirming your access rights, if necessary.
      6. Ensure the confidentiality of your login and password.
      7. Pay for the Services in accordance with the service tariff plan and in compliance with the terms of Section 4 of this Agreement. The Customer undertakes to familiarize himself with the information on the terms of service and tariffs on the website https://it.cx.ua/.
      8. In case of disagreement with the amendments to the text of this Agreement, the Customer shall notify the Contractor within ten days from the date of receipt of the notice of amendments.
      9. To keep bank financial documents (payment orders, receipts, checks) confirming the payment for the Services.
      10. When ordering a dedicated server with the Windows Trial operating system (trial version), the Customer undertakes to purchase a licensed Windows operating system from the Contractor or another company that is the official distributor of the specified software after the expiration of the trial period (180 days) and provide confirmation of this to the Contractor by providing payment and/or other documents confirming the fact of license purchase.
      11. When ordering a dedicated/virtual server with the Windows operating system, the Customer shall provide the Contractor with the following information:
        For individuals - taxpayer registration number (TIN), registration address.
        For legal entities, the code from the Unified State Register of Enterprises and Organizations of Ukraine (USREOU).
  4. PRICES AND PAYMENT PROCEDURE
    1. The Customer accepts the Offer and concludes the Agreement by prepaying for the Contractor's Services in accordance with the terms of this Agreement. Prepayment for the Contractor's services means the Customer's consent to all the terms and conditions of this Agreement.
    2. The cost of work under this agreement at the time of its conclusion shall be determined in accordance with the current terms and conditions published on the website https://it.cx.ua/.
    3. Payments are made in accordance with the tariffs published on the website https://it.cx.ua/, as well as in accordance with the issued invoices, receipts or other payment documents.
    4. The Contractor shall have the right to unilaterally revise the prices for the Services, change service tariffs, and introduce new tariff plans. The Contractor shall notify the Customer of the introduction of new prices or other changes by publishing information on the website https://it.cx.ua/. In case of advance payment for the provision of services under this Agreement, the new prices for the Services shall become effective for the Customer upon expiration of the period for which the advance payment was made.
    5. The services are provided subject to payment in accordance with the selected tariff plan, upon receipt of payment to the Contractor's account.
    6. Payment for the Services shall be made by non-cash payments to the bank account of the Contractor specified in Section 10 hereof.
      1. When paying, the Customer is obliged to indicate in the payment document the purpose of the payment, which allows to accurately identify the Customer and the service to be paid for - the current invoice number issued by the system, the true surname, name, patronymic or company name. If the required information is not provided, the system will not be able to credit the funds and continue (register) the service. In case of failure to provide the information required for payment identification, funds are credited manually after receiving a letter from the Customer specifying the required data and submitting copies of payment documents and other documents and data required for identification. Such crediting shall be carried out within 14 days from the date of receipt of information from the Customer in full.
      2. The Customer shall receive an invoice for payment for services independently on the website https://it.cx.ua/ and pay within 10 days, indicating the service for which the payment is made and the purpose of payment in accordance with the issued payment document.
      3. The Contractor shall send a reminder of the renewal of the services to the Customer by e-mail specified during registration. The invoice must be paid no later than 3 days after the expiration of the service period
      4. The Customer shall notify the Contractor by e-mail of the date, amount of payment, and for which service the payment was made.
      5. In case of late payment or untimely notification of the Contractor about the payment, the Contractor has the right to terminate the provision of services.
    7. The Customer is solely responsible for the accuracy of payments made by him/her. If the Contractor's bank details change from the moment the new details are published on the website https://it.cx.ua/, the Customer shall bear all negative consequences for payments made using outdated details.
    8. The day of payment shall be the day of crediting funds to the current account of the Contractor.
    9. In case of suspension of services due to non-payment, they will be resumed within the business day following the day of payment.
      1. If the Customer fails to pay for the services within 30 days from the date of their completion, it may not be possible to resume the services. In case the services can be restored, it shall be for an additional fee set by the Contractor.
    10. Funds received from the persons referred to in clause 7.8 of the Agreement will be considered to be directed to strengthen the defense capabilities of the Armed Forces of Ukraine, are non-refundable and will be transferred to support the Ukrainian army.
    11. By activating the "subscription services" function and adding a bank card, the Customer agrees to the Contractor to debit money for the renewal of services each period in accordance with the terms of the subscription.
  5. SPECIAL CONDITIONS AND LIABILITY OF THE PARTIES
    1. The Contractor does not guarantee absolute uninterrupted operation and does not warrant that the offered software or any other materials are free from system errors. The Contractor shall make all reasonable efforts and measures to prevent service interruptions or violations of its quality.
    2. The Contractor shall not be liable for direct or indirect losses caused to the Customer as a result of the use or inability to use the Services or incurred as a result of errors, omissions, interruptions in operation, deletion of files, defects, delays in operation or data transmission, or changes in functions and other reasons. The Contractor does not guarantee the acceptance of the Customer's mail from remote networks, the operation of which has caused the address of such network to be included in the lists according to which the Contractor's mail delivery program does not accept mail
    3. The Contractor is not responsible for the quality of communication channels through which the Services are accessed.
    4. The Customer assumes full responsibility and risks associated with the use of the Internet through the Services, including the 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 Services
    5. The Customer is fully responsible for the safety of his/her password and for any losses that may arise due to its unauthorized use. In the event of login and password theft caused by third parties, the Customer shall send to the Contractor an application for password change with the obligatory attachment of the relevant financial document confirming payment for the Services. The Contractor shall not be liable for the actions of third parties that caused the theft, and the Customer shall contact the relevant law enforcement agencies to compensate for the losses caused by the theft.
    6. The Contractor shall not be liable for notifying any third parties of the Customer's deprivation of access to the service and for possible consequences arising from the absence of such a warning.
    7. The Contractor shall not be liable or co-liable for any obligations and expenses related to the violation of the provisions of the Agreement by the Customer or other persons using the Customer's username and password or gaining access to editing the Customer's information by hacking; or related to the use of the Internet through the Services; or related to the posting or transmission of any message, information, software or other materials on the Internet by the Customer or other persons using the
    8. The Contractor shall not be liable for untimely receipt by the Customer of the Contractor's notifications sent by e-mail. The letter shall be deemed received by the Customer on the day it is sent by the Contractor.
    9. The Contractor, the Public Domain Registry Administrators and the Public Domain Registry Operators, in which domains are registered hereunder, shall not be liable for the consequences of the use or misuse of domain names by the Customer, in particular to third parties, as well as in case of violation by the Customer of any rights of third parties.
    10. During the term of delegation of the domain name in the zones ua, kyiv.ua, kiev.ua, ivano-frankivsk.ua, if.ua, poltava.ua, pl.ua, uzhgorod.ua, uz.ua the Customer within the framework of this Agreement shall adhere to the Uniform Domain Name Dispute Resolution Policy, the Rules for Domain Name Dispute Resolution Policy and the World Intellectual Property Organization Supplemental Rules for Domain Name Dispute Resolution Policy in the specified zones, published at https://hostmaster.ua/policy/ua-drpNamely:
      1. Provide the requested information to the International Intellectual Property Organization Center for Arbitration and Mediation, including confirmation that the disputed domain name is registered by the Contractor in favor of the Customer, that the domain name is registered by the individual or legal entity specified by the Respondent in the complaint, and provide contact details of the registrant of the disputed domain name. If necessary, provide the domain name registration and maintenance agreement, as well as other documents.
      2. Do not change the registrant and/or registrar of the disputed domain while the complaint is pending.
      3. Implement the decisions of the Administrative Commission of the Center for Arbitration and Mediation of the International Intellectual Property Organization, namely: change of the registrant or registrar of the disputed domain or its complete deletion, if one of such decisions is made.
    11. The Customer during the term of delegation of the domain name in the zones.ua, kyiv.ua, kiev.ua, ivano-frankivsk.ua, if.ua, poltava.ua, pl.ua, uzhgorod.ua, uz.ua about domain names in the specified zones (.UA Domain Name Dispute Resolution Policy), the Rules for Domain Name Dispute Resolution Policy and the World Intellectual Property Organization Supplemental Rules for UA Domain Name Dispute Resolution Policy, which are published at the link https://hostmaster.ua/policy/ua-drp.
    12. When the Customer specifies personal data of third parties in the application for registration or re-delegation of the domain in the administrative, technical, financial contacts of the domain, the Customer guarantees that such personal data is specified with the consent of the personal data owners in compliance with the current personal data protection standards established by the current legislation of Ukraine and/or the General Data Protection Regulation (GDPR) without violating the rights of third parties. The Customer undertakes to independently notify the personal data subjects about the content, purposes and scope of personal data collection, as well as the persons/organizations to whom they are transferred.
    13. The Contractor shall be liable for the content and accuracy of any information transmitted, accepted by the Customer, or posted by the Customer on the website, domains, domain zones registered under this Agreement.
    14. Under any circumstances, the Contractor shall not be liable for possible violations of the rights and legitimate interests of third parties as a result of delegation/use of domains, domain zones and/or as a result of placing any information in the Domain Registration Base, including but not limited to information about the Customer, registrants and domain names.
    15. If the Customer and the person who, in accordance with the approved Regulations of the respective domains and domain zones, has the right to own and dispose of the domain or domain zone, according to the record in the database of the respective domain zone, are different legal entities/individuals, the Customer shall bear all risks of adverse consequences and such circumstances shall not release the Customer from payment for the services rendered.
    16. The Administrator and the Registrar, as the Contractor under the Agreement, may not be involved as a party in court disputes concerning domain names registered under this Agreement.
    17. The Administrator, the Registry Operator, the Registrant, as the Contractor under the Agreement, shall not be liable for the consequences of the use, non-use, or misuse of domain names by the Registrant, including to third parties, as well as for the violation by the Registrant of any rights of third parties in accordance with the requirements of both the current legislation of Ukraine and international law
  6. PROCEDURE FOR HANDLING CLAIMS AND DISPUTES
    1. The Customer's claims regarding the services provided shall be accepted by the Contractor for consideration only in writing (electronic). The term for consideration of the Customer's claims shall not exceed 14 (fourteen) business days.
    2. Claims against the Contractor related to the provision of the Services shall be considered subject to the Customer's submission of the relevant financial documents confirming payment for the Services.
    3. In order to resolve technical issues regarding the Customer's fault as a result of his/her unlawful actions when using the Internet, the Contractor shall have the right to independently engage competent organizations as experts.
    4. The Parties shall settle through negotiations any disputes, disagreements or claims that may arise under or in connection with this Agreement.
    5. If the parties fail to reach an agreement on the disputed issues through negotiations, these issues shall be considered in court in accordance with the jurisdiction established by the legislation of Ukraine.
  7. THE MOMENT OF CONCLUDING THE CONTRACT. THE TERM OF ITS VALIDITY. THE PROCEDURE FOR CHANGING AND
    1. The Agreement shall be deemed concluded and shall enter into force upon payment for the Services in the amount and in the manner prescribed by this Agreement (except as provided for in Clause 7.8.).
    2. The Agreement shall be concluded for an indefinite period and shall be valid for the specified period provided that the Customer timely and fully pays for the Contractor's services.
    3. The Contractor shall have the right to amend the terms of this Agreement unilaterally by notifying the Client by publishing information on the website. Such amendments to the Agreement shall come into force immediately after they are published on the Contractor's website, unless the Client has submitted its reasoned objections to the amendments to the Agreement. In this case, the amendments to the Agreement shall enter into force after the parties have settled the disputed issues.
    4. If it is impossible to resolve disputes related to changes in the terms of this Agreement, the Contractor shall have the right to withdraw from the Agreement and terminate the provision of the Services
    5. The Customer shall have the right to unilaterally withdraw from the Contractor's Services at any time.
    6. In case of early termination of this Agreement at the initiative of the Customer, the balance of funds on the Customer's personal account shall not be refunded. The Contractor shall have the right to offer the Customer other services for the remaining amount.
    7. No refunds are provided for the following services: domain name registration/renewal/transfer; virtual and dedicated server and file storage rental; purchase of licenses, software, and paid SSL certificates.
    8. The agreement may not be concluded: a) with legal entities whose beneficial owners are residents of a state recognized by the Verkhovna Rada of Ukraine as an aggressor state; b) with individuals and legal entities subject to special economic and other restrictive measures (sanctions) in accordance with the Law of Ukraine "On Sanctions"; c) with individuals and legal entities of a state that has occupied a part of the territory of Ukraine in any way or is committing aggression against Ukraine, recognized by the Verkhovna Rada of Ukraine as an aggressor state or an occupying state.
    9. The Contractor shall have the right to terminate the Agreement and terminate the provision of services to the Customer or suspend the provision of such services in case of violation and/or non-compliance by the Customer with certain terms of the Agreement and the relevant annexes thereto.
  8. CONSENT TO THE PROCESSING OF PERSONAL DATA
    1. In order to comply with the requirements of the Law of Ukraine "On Personal Data Protection" No. 2297-VI of June 01, 2010. The Customer agrees to the processing of the Customer's personal data by the Contractor.
    2. The Contractor shall process personal data by performing actions (operations) with personal data, including: collection, systematization, accumulation, storage, clarification (updating, changing), use, distribution, depersonalization, blocking, destruction of personal data. The purpose of the use of personal data and their further processing is for the Customer to receive the services provided by the Contractor.
    3. The Contractor undertakes to process the Customer's personal data in strict accordance with the legislation of Ukraine on personal data protection.
    4. The Customer agrees that the Contractor has the right to depersonalize his personal data for the purpose of transferring it to other entities of the domain name registration market. The Customer also agrees that the Contractor shall have the right to transfer his/her data to other entities of the domain name registration market in an impersonal form.
    5. The Customer hereby authorizes the Contractor as the Registrar to publish their personal data in the databases of the relevant services in the public domain on the Internet necessary for the operation of the services, services, domains.
    6. The consent to the processing of personal data may be withdrawn by the Customer by sending a corresponding order in a simple written form to the Contractor. In doing so, the Customer agrees that such revocation may entail the following consequences: - refusal by the Contractor to provide services due to the impossibility of their performance without the specified data; - deletion of the domain name in case of impossibility of its maintenance without the Contractor having such data.
    7. The Customer agrees that his/her personal data may be transferred to another Registrar or public domain administrator in case the operation performed requires identification of the Customer as the domain name owner.
    8. The Customer's rights with respect to his/her personal data are set forth in Article 8 of the Law of Ukraine "On Personal Data Protection".
  9. FINAL PROVISIONS
    1. On all matters not regulated by this Agreement, the Parties shall be governed by the current legislation of Ukraine.
    2. Appendices to this Agreement are: Appendix 1 - Internet usage standards, Appendix 2 - Rules for using the services
  10. DETAILS OF THE PERFORMERS

The services offered on https://it.cx.ua/ may be provided by various individual entrepreneurs or legal entities. Below are the details of the counterparties from whom invoices and service agreements are issued:

 

YURI NIKOLAYEVICH FOP
IBAN: UA033052990000026007015036270
EDRPOU/TIN 3245612857
at JSC CB "PrivatBank" (USREOU: 14360570, bank code 305299),
Individual entrepreneur on the single tax system

Vasylchenko Maksym Yuriyovych FOP
IBAN: UA513808380000026009700452199
EDRPOU/TIN 3194322393
Pravex Bank JSC,
Individual entrepreneur, group III single tax payer

 

 

Annex 1 to the Agreement

NETWORK USAGE STANDARDS

The Internet is a global association of computer networks and information resources owned by many different people and organizations. This association is decentralized and there is no single binding set of rules (laws) for using the Internet. There are, however, generally accepted rules of work on the Internet aimed at ensuring that the activities of each user of the network do not interfere with the work of other users. The fundamental position of these rules is as follows: the rules for the use of any Internet resources (from mailboxes to communication channels) are determined by the owners of these resources and only by them.

This document describes the generally accepted norms of work on the Internet, compliance with which is mandatory for all users. These rules apply to the use of the Network's resources. Hereinafter, the word Network refers to the Internet and other available networks.

  1. Restrictions on information noise (spam).The development of the Web has led to the fact that one of the main problems of users has become an excess of information. Therefore, the network community has developed special rules aimed at protecting users from unnecessary/unrequested information (spam). In particular, the following are unacceptable:
    1. Bulk emailing is the sending of unauthorized emails. Bulk emailing means both sending to many recipients and sending multiple emails to the same recipient. Hereinafter, e-mails are understood to mean messages sent by e-mail, teleconferences, Internet pagers, forums and other means of personal information exchange
    2. Unauthorized sending of emails that are longer than one page or contain attachments.
    3. Unauthorized distribution of advertising, commercial or propaganda emails, as well as emails containing rude and offensive statements and suggestions.
    4. Sending information to recipients who have previously expressed an explicit unwillingness to receive this information.
    5. Use of own or provided information resources (mailboxes, e-mail addresses, WWW pages, etc.) as contact coordinates when performing any of the above actions, regardless of where these actions were performed from.
  2. Preventing unauthorized access and network attacks.
    1. It is not allowed to attempt unauthorized access to the Network resources, conduct or participate in network attacks and network hacking, except when an attack on a network resource is carried out with the explicit permission of the owner or administrator of this resource. It is also prohibited to:
    2. Actions aimed at disrupting the normal functioning of Network elements (computers, other equipment or software) that do not belong to the user.
    3. Actions aimed at obtaining unauthorized access, including privileged access, to a Network resource (computer, other equipment or information resource), further use of such access, as well as destruction or modification of software or data that does not belong to the user without the consent of the owners of this software or data or administrators of this information resource.
    4. Transmission of meaningless or useless information to computers or equipment of the Network that creates a parasitic load on these computers or equipment, as well as intermediate network sections, in amounts exceeding the minimum necessary to check network connections and availability of its individual elements.
  3. Compliance with the rules set by resource owners.
    1. In addition to the above, the owner of any information or technical resource of the Network may establish its own rules for its use.
    2. The rules for the use of resources or links to them are published by the owners or administrators of these resources at the point of connection to such resources and are binding on all users of these resources.
    3. The user is obliged to comply with the rules for using the resource or immediately refuse to use it
  4. Inadmissibility of falsification.
    1. A significant part of the network resources does not require user identification and allows anonymous use. However, in some cases, users are required to provide information identifying them and the means of access to the Network. In this case, the user is prohibited from:
    2. Use of identification data (names, addresses, phone numbers, etc.) of third parties, unless these persons have authorized the user for such use. At the same time, the user must take measures to prevent the use of the Network resources by third parties on their behalf (ensure the safety of passwords and other authorized access codes).
    3. Falsification of your IP address, as well as addresses used in other network protocols when transmitting data to the network.
    4. Using non-existent return addresses when sending emails.

 

Annex 2 to the Agreement

Terms of use of services