Public offer
On the provision of services for the placement of virtual web servers (hosting) and registration of domain names on the Internet, which are hereinafter referred to as the Services, on the equipment of the https://wolfisp.com,which is hereinafter referred to as the Contractor. The services are provided to any legal entity or individual who has accepted the terms set forth in the Public Offer (contract) and paid for the services of the Contractor, hereinafter referred to as the Subscriber. This contract has the character of a public offer, is the equivalent of an “oral agreement” and according to the current legislation of Ukraine has the appropriate legal force.
Preamble
The information below is an official offer (public offer) to any legal entity or individual to conclude a contract for subscription services. This contract is public, i.e. according to Art. 633 of the Civil Code of Ukraine, its conditions are the same for all consumers.
In accordance with Art. 642 of the Civil Code of Ukraine, full and unconditional acceptance of the terms of a public contract is the fact of its acceptance in the Subscriber’s office at the address of the https://my.wolfisp.com or the Subscriber’s payment for payment for services and receipt by the Contractor of the relevant financial document confirming the fact of such payment.
The public offer is also accepted when registering the Subscriber on the Contractor’s website. The Contractor’s website is located at https://wolfisp.com .
Contract number is a unique payer number, which is issued when registering in the Client’s Cabinet.
By concluding the Agreement, the Subscriber confirms that he is fully acquainted and agrees with its terms, and, if the Customer is an individual, gives permission to process the Contractor of his personal data in order to be able to fulfill the terms of this Agreement, the possibility of conducting mutual settlements, as well as for receiving invoices, acts and other documents. The authorization for the processing of personal data is valid for the entire term of the Agreement, as well as for the next five years after its expiration. Destruction of personal data is the basis for termination of the contract and is carried out on the basis of a written (paper) application of the client. In this case, the contract is terminated from the date specified in the response notification of the Contractor. In addition, by concluding this Agreement, the Customer confirms that he is notified (without additional notice) of the rights established by the Law of Ukraine “On Protection of Personal Data”, of the purposes of data collection, in order to be able to fulfill the terms of this Agreement, the possibility of conducting mutual settlements, as well as to receive invoices, acts and other documents. The Customer also agrees that the Contractor has the right to provide access and transfer his personal data to third parties without any additional notifications to the Customer, without changing the purpose of processing personal data (for example, when registering a domain name). The scope of the Customer’s rights as a subject of personal data in accordance with the Law of Ukraine “On Protection of Personal Data” is known and understandable to him.
Concepts and definitions used in this Treaty
Account – a set of user rights in relation to the system designed for a large number of users, which is created after registration in the form of an “account” on the Contractor’s web server. It is determined by the presence of its own name (Login) and Password and home directory.
A domain is an area of the Hierarchical Namespace of the Internet that is served by a set of Domain Name Servers (DNS). The domain is identified by the domain name.
Domain registration – entering information about the domain and its administrator into the domain name registry in order to ensure the uniqueness of the use of the domain, as well as obtaining the rights to administer the domain by the administrator.
Registrar – an organization that assumes responsibility for the registration of a domain name, its renewal and other accompanying operations. In this contract, it is the Contractor.
Registrant – a legal entity or an individual who is the initiator of the domain registration procedure and who is or plans to become the owner of the registered domain.
E-mail – e-mail.
Web-site — electronic representation of the Subscriber on the Internet, information and interactive resource.
DNS servers – domain name servers that contain configuration files of the registered domain.
Client cabinet – personal account of the client, in which he has the opportunity to manage accounts, make an order, make payments, etc. The client’s cabinet is located on the website of the Contractor https://my.wolfisp.com
Login – a set of letters and numbers unique to the Contractor’s web server, which in combination with the password serves as the Subscriber’s Identifier.
Password — a set of letters and numbers, which, in combination with the Login, serves as the Subscriber ID.
Spam is a mass mailing of letters with information of an advertising, commercial or propaganda nature to other Internet users without their consent. Use of own or provided information resources (mailboxes, e-mail addresses, pages, etc.) as contact coordinates when performing any of the above actions, regardless of which part of the Internet these actions were performed.
Hosting – placement of the Web-site and e-mail of the Subscriber on the server of the Contractor.
- General Provisions
1.1 According to this agreement, the Contractor assumes the obligation to provide the Subscriber with the following services:
– opening an account (with the provision of a unique login and password that allow him to place information on the Contractor’s equipment);
– allocation of disk space to the Subscriber on the Contractor’s equipment in accordance with the selected and paid tariff hosting – a plan for placing the Subscriber’s Web-site and storing the Subscriber’s information on the specified space for the periods established by this Agreement;
– registration and renewal of registration of domain names of the Subscriber;
– support for primary and secondary DNS name servers for domains that are used;
– the ability to use all available programs and functions in accordance with the selected and paid tariff plan;
– receipt by the Subscriber of the software settings necessary to connect to the services;
– consultations by e-mail, “Support Center” system in your personal account and technical support phone;
– other services described on the contractor’s website https://wolfisp.com
1.2 The size and technical characteristics of hosting services, as well as their cost under this Agreement are determined by the selected type of hosting and its tariff plan of the Subscriber according to the information provided on the Contractor’s website: https://wolfisp.com.
- Rights and obligations of the parties
2.1. The Contractor undertakes:
2.1.1 Provide the services specified in clause 1 of this Agreement, properly and in lines in accordance with the terms of this Agreement and within the framework of the tariff plan selected and paid by the Subscriber, as well as ensure the work of the technical support service.
2.1.2 Ensure constant round-the-clock connection of the equipment used to host and maintain the Subscriber’s Web-site to the Internet, except for the periods necessary for technical work.
2.1.3 Not to disclose the Subscriber’s data, except for the cases provided for by the current legislation of Ukraine.
2.1.4 Notify the Subscriber about changes in tariffs for the Services, terms of service and payment methods, as well as Other terms of this Agreement at least 10 working days in advance, notifying the Subscriber by his e-mail address.
2.1.5 The Contractor shall not be liable to the Subscriber for a loss of any nature incurred by him in connection with the loss of his access details to the account and the Web-site.
2.2. The Subscriber undertakes:
2.2.1 Timely pay for the services of the Contractor in accordance with the selected tariff plan and on the terms of this Agreement. In case of non-payment of services for more than 30 calendar days, the contract is terminated.
2.2.2 Independently protect from distribution and publication, assigned to him the login and password of the account. In case of disclosure of this information, the Contractor shall not be liable for the damage caused by the use of account details by third parties.
2.2.3 Coordinate the settings and launch of any additional or non-standard software with the Contractor.
2.2.4 Do not use the services to transmit via the Internet any information that violates the current Ukrainian or international legislation.
2.2.5 Not to publish or transmit any information or software that contains “viruses”, other malicious programs that can disrupt the operation of computers.
2.2.6 Do not forge service information in the headers of messages sent by teleconference or e-mail.
2.2.7 Not to install on the Servers of the Contractor software that is not directly related to the virtual hosting service (for example, proxy server, SOCKS-server, IRC-server, IRC-bots, instant messaging servers and others), as well as any software, the functioning of which violates the interests of Other Subscribers.
2.2.8 Not to make mass mailing of messages (spam), both from the servers of the Contractor, and from any other servers, using e-mail. The public publication of an e-mail address or other system of personal exchange of Information cannot serve as a basis for including the address in any list for mass mailing of messages.
2.2.9 Not to make attempts of unauthorized access to the resources of the Contractor and to other systems available via the Internet. Unauthorized access means any access in a manner other than that envisaged by the owner.
2.2.10 Not to perform actions to transfer to computers or equipment of third parties meaningless or useless information that creates an extra (parasitic) load on these computers or equipment, as well as intermediate sections of the network, in volumes that exceed the minimum necessary to check the connections of networks and the availability of its individual elements.
2.2.11 Not to use the Services to distribute or transmit pornographic materials.
2.2.12 Do not violate the rules for the provision of services, which are published on the official website of the Contractor, at https://wolfisp.com/rules/ .
2.2.13 Not to publish, and / or otherwise disseminate data about third parties that do not correspond to reality, and thus affect the honor and dignity of individuals, or the business reputation of legal entities.
2.2.14 Not to publish and/or identify personal data (names, addresses, telephone numbers, etc.) of third parties, unless these persons have expressly authorized the Subscriber.
2.2.15 Not to publish and/or distribute copyrighted materials, thereby infringing copyright and related rights;
2.2.16 Do not place deception schemes, means for hacking software, traffic redirection utilities; distribute spam software, databases of e-mail addresses; publish offers for spamming services.
2.2.17 The Subscriber agrees to the storage and processing of personal data in order to ensure the implementation of relations in the field of informatization.
2.2.18 The Subscriber confirms his consent to the disclosure of his personal data in the event of a violation or suspicion of violation of the rules of paragraph 2 of this Agreement.
2.2.19 The information provided by the Registrant to the Registrar for the purpose of delegating the domain name, in particular contact information, is complete, true and accurate.
2.2.20 The Registrant shall immediately inform the Registrar of any and all changes to the information referred to in paragraph 2.2.17 above in order to preserve its completeness, truthfulness and accuracy throughout the term of delegation of the domain name.
2.2.21 The Registrant agrees and understands that in the event that the Registrar reveals incorrect or untrue information provided during the registration or change of contact details of the domain, the Registrar has the right to suspend the delegation of the domain until the correct information is provided by the Registrant.
2.2.22 Registrant agrees that he knows and understands the purpose of collecting, storing and publishing information that is provided to Him to Registrar and is necessary to ensure the process of delegating the domain name, and that he knows and agrees that the current state of such information will be publicly available in real time through WHOIS or a similar service.
2.2.23 The Registrant agrees and understands that the operation of transferring domains to other registrars and changing contact information is possible only if official written confirmation by the Registrar from the Registrant is received. If the domain name is registered in favor of a legal entity, the letter must be formulated on the letterhead of the organization and confirmed by the seal of the organization and the signature of the head. If the domain name is registered in favor of an individual, then for the transfer of rights or transfer of the domain, it is necessary to add certified copies of the 1st and 2nd pages of the Registrant’s passport confirming his identity to the letter certified by the Registrant’s signature.
2.2.24 The Registrant is aware that in the event of termination of the Registrar’s activities, the Registrant’s domains will be transferred to another domain name registrar with the preservation of information about domain names and ownership rights to them.
2.2.25 The Registrant agrees that he has read and agreed with the Regulations of Public Domains available at the link: https://hostmaster.ua/policy/2ld.ua.
2.2.26 The Registrant agrees that he has read and agreed with the Regulations on the Registration of Third-Level Private Domain Names in kyiv.ua and kiev.ua Domains, which is published at https://hostmaster.ua/policy/2ld.ua.
2.2.27 The Registrant agrees that he has read and agreed with the Regulations on the Registration of Second-Level Private Domain Names in the . UA, which is available at the link: https://hostmaster.ua/policy/ua.
2.2.28 The Registrant agrees that he has read and agreed to the Uniform Dispute Resolution Policy regarding domain names in the . UA, published at: https://hostmaster.ua/policy/ua-drp/.
2.2.29 The Registrant agrees that he has read and agreed with the Regulations of the public Internet service WHOIS https://hostmaster.ua/services/.
2.2.30 The Registrant agrees that he has read and agreed with the Procedure for maintaining a domain name in the event that it is not serviced by the registrar, which is available at the link: https://hostmaster.ua/services/.
2.2.31 The Registrant agrees with the absence of liability of the Registrar, the Administrator and the Register Operator regarding the consequences of the use or misuse of domain names by the Registrant, including before third parties, as well as regarding the registrant’s violation of any rights of third parties.
- Cost of services and payment procedure
3.1 The cost of hosting tariff plans is described on the official website of the Contractor at the address: https://wolfisp.com.
3.2 The cost of registration, renewal and transfer of domain names is described on the official website of the Contractor at the address: https://wolfisp.com/domain/.
3.3 The cost of services for issuing and renewing SSL certificates is described on the official website of the Contractor at the address: https://wolfisp.com/ssl/.
3.4 The cost of services and the payment procedure may be changed by the Contractor in accordance with clause 2.1.4 of this Agreement. If the Subscriber does not agree with the relevant changes, he is obliged to inform the Contractor in writing (by e-mail) before the end of the line of their introduction specified in the Contractor’s message. In this case, this Agreement shall terminate from the moment of introduction of new payment terms and after the end of the period prepaid by the Subscriber. The absence of a message from the Subscriber means his agreement with the changes, and this Agreement continues to operate taking into account the new conditions.
3.5 All messages about the lines of termination of the provision of the Services, as well as invoices and other financial and general information are transmitted by the Contractor to the Subscriber by e-mail.
3.6 In case of violation by the Subscriber of the settlement procedure specified by this agreement, the Contractor has the right to terminate the provision of Services to the Subscriber. Within 30 (thirty) days from the date of formation of the zero balance on the Subscriber’s account, the Subscriber’s login and the content of his Web-site are stored for the Subscriber. After the end of this line, the contents of the Subscriber’s account can be automatically deleted, and the Agreement terminated. For the Virtual Dedicated Server (VPS/VDS) service, in case of non-payment of the Service by the Subscriber, the server will be deleted within 7 days from the end of the paid line of using the service.
- Special conditions and responsibilities of the Parties
4.1 The Contractor does not compensate for direct or non-direct losses caused to the Subscriber as a result of the use or inability to use the Services, including for a loss incurred by the Subscriber 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 amount of the Contractor’s liability is limited solely to the provision of additional time for using the Web site, depending on the time of interruption in the provision of services. The lost profit of the Subscriber is not reimbursed by the Contractor.
4.2 The Contractor is not responsible for the quality of public communication channels through which access to the Services is made.
4.3 The Contractor is not responsible for the content of the information transmitted by the Subscriber via the Internet.
4.4 The Subscriber is solely responsible for the content of the information transmitted by him or another person under the Subscriber’s data via the Internet, as well as for the damage caused by his actions (personally or by another person who uses his details) to persons or property of citizens, legal entities, the state or ethical principles of society.
4.5 The Subscriber assumes full responsibility and risks associated with the use of the Internet using the Contractor’s services, including responsibility for assessing the accuracy, completeness and usefulness of any thoughts, ideas, other information, as well as the quality and properties of goods and services distributed on the Internet and provided to the Subscriber through the services of the Contractor.
4.6 The Subscriber is fully responsible for the storage of his password and for losses that may arise as a result of its unauthorized use. Upon theft of the login and password, which occurs through the fault of third parties, the client has the right to send to the contractor’s address an application for changing the login and password, with a mandatory attachment to the application of the relevant financial document confirming payment for the Services, as well as, at the request of the Contractor- a document certifying the identity of the Subscriber. The Registrar is not responsible for the actions of third parties who committed theft and caused a loss to the Subscriber. The subscriber independently decides to which competent authorities he should apply for the protection of his rights and legitimate interests in order to bring the perpetrators to the responsibility established by law and compensate for the loss caused to him at their expense.
4.7 The Parties undertake to ensure the confidentiality of the network details (password and name) of the Subscriber.
- Termination of access to services
5.1 The Contractor may terminate the provision of services to the Subscriber, or terminate the contractual relationship with the Subscriber unilaterally, with the simultaneous sending of a written electronic message, to a part of the services or to any additional service within the framework of the main service in the event that the Subscriber is involved in actions that violate the rules and regulations for using the service set forth in this Agreement.
5.2 In case of repeated or malicious violation of the rules for the provision of services, the Contractor has the right to terminate the provision of services to the Subscriber without warning.
5.3 In case of early termination of the provision of services or termination of the Agreement within 14 calendar days from the date of signing this Agreement, the Contractor returns the funds except for the amounts for payment for services that the Subscriber has used since the conclusion of the Agreement, the amounts for payment for domain name registration services, the amounts for payment for the issue of SSL certificates, the amounts for payment of licenses for the Software, as well as the bank commission upon receipt / refund. In case of early termination of this Agreement by the Subscriber or termination of the use of services in the period from 15 calendar days inclusive from the signing of this Agreement, the Contractor does not compensate or return the funds to the Subscriber for the used and unused period of validity of the services.
5.4 If the termination of the provision of the service, its part and any additional service within the framework of the main service occurred on the basis of clause 5.1. of this Agreement, the subscription fee for the used and unused period of validity of services is not refunded and is not compensated.
5.5 Upon termination of the provision of services, the Contractor is not responsible for the notification or failure of any third parties about the deprivation of the Subscriber’s access and for the possible consequences that arose as a result of such a warning or its absence.
- Force majeure circumstances
6.1 The parties are exempt from liability for partial or complete non-fulfillment of obligations under this agreement caused by force majeure circumstances that arose after its signing. Such circumstances include: accidents that caused a violation of the integrity of the provider’s network; disconnection of power supply of active equipment of the provider’s network; natural disasters; natural and industrial disasters; terrorist acts; hostilities; civil unrest; adoption by public authorities or local self-government bodies of acts containing prohibitions or restrictions on the activities of the parties under this agreement; other circumstances that cannot be foreseen or prevented in advance and make it impossible to fulfill the obligations of the parties under the contract.
6.2 A party that refers to force majeure circumstances is obliged to notify the other party in writing within 5 days of the occurrence of such circumstances.
6.3 In the event of force majeure circumstances that prevent the fulfillment of obligations under this contract, the performance of such obligations by the parties is postponed respectively to the time of such circumstances, as well as the time necessary to eliminate their consequences, but not more than 60 (sixty) calendar days. In the event that force majeure circumstances continue to be valid longer than the specified line, or when they occur it becomes obvious to both parties that they will act longer than this line, the parties undertake to discuss the possibilities of alternative methods of performing this contract or its termination without compensation for damages. At the same time, the Contractor undertakes to return to the Subscriber the unused funds under the contract.
- Procedure for Consideration of Claims and Disputes
7.1 Claims of the Subscriber on the Services that are provided are accepted by the Contractor for consideration only in writing and in lines no later than 5 calendar days from the date of occurrence of the dispute. Primary Information is sent by electronic or facsimile communication, the original document during the same day is subject to sending a recommended letter with a notification of delivery. The terms of consideration of the Subscriber’s claims are 10 days from the date of due notification.
7.2 To resolve technical and legal issues in determining the guilt of the Subscriber as a result of his illegal actions when using the Internet, the Contractor has the right to independently involve competent organizations and experts.
- Other conditions
8.1 In all cases not stipulated and not provided for in this Agreement, the parties must be guided by the current legislation of Ukraine.
- The moment of conclusion of the Agreement, the lines of validity, the procedure for change and termination
9.1 This Agreement comes into force from the moment of acceptance and is valid for the entire period of using the services of the Contractor.
9.2 In case of early termination of this Agreement, the Contractor, when the Subscriber provides the relevant documents no later than 30 days before the end of the service line, shall refund the latter money in the amount proportional to the cost of the unused volume of the Services. Refunds are not made if the Agreement is terminated due to violation by the Subscriber of the terms of clause 2. Of this Agreement or if the ordered services of the Subscriber were: registration of domain names, issuance of SSL certificates or purchase of licenses for using the software.
9.3 On all issues not regulated in this text of the Agreement, the parties are guided by the current legislation of Ukraine.
9.4 The Parties shall store confidential information related to this Agreement and undertake to use it solely for the purpose of fulfilling their contractual obligations.
9.5 The Agreement shall remain in force in case of change of addresses and details of the Parties, change of their statutory documents, including: change of owner, organizational and legal form, etc., as well as passport, contact and other data of the Subscriber – an individual.
- Dispute Resolution Procedure
10.1 Disputes and disagreements under this Agreement shall be resolved by the parties through negotiations, and in case of non-agreement – in accordance with the current legislation of Ukraine.
