Public Contract (Public Offer)

 

This document is the equivalent of an oral agreement, is accepted by payment of services or registration on the site. Please read the text of the public contract before you started registering or ordering services on our website:

PUBLIC CONTRACT for the provision of services

The information below is an official offer (offer) to any physical, legal entity to conclude an Agreement for the provision of services. This Agreement is public and its terms are the same for all customers. If you agree with the terms of the submitted Agreement – you can pay for services. In the event of payment for services, the Agreement will be deemed to be concluded, and our company is one that has assumed the obligation to provide the relevant services.

1. PREAMBLE

1.1. This document is an official offer (public offer) of a business entity of “Unihost Inc”, hereinafter referred to as “Contractor”, and contains all the essential terms of service (described in Acceptable Use Policy).

1.2. In accordance with UK Consumer Contracts Regulations (13 June 2014), in case of accepting the conditions set forth below and paying for services, a legal or physical person, thereby making acceptance of this offer, becomes the CUSTOMER.

1.3. This Agreement may be concluded in one of the following ways:

  a) By signing it by authorized representatives of the Customer and the Contractor;

  b) By registering the Customer on the Contractor’s web-resource at https://unihost.com (hereinafter referred to as the “Contractor’s website”) in accordance with the Instructions published on the Contractor’s website (hereinafter – the Contractor’s instructions), assigning (if the client does not have a contract number, the account number is the customer’s login name – hereinafter “login”) and the subsequent payment by the Customer of the invoice issued using the Provider’s web interface, subject to all conditions specified in the Agreement. The customer is responsible for the accuracy of this information when registering.

1.4. Terms used in this agreement

Server is a hardware/software system that performs service functions on the client’s request, giving it access to certain resources.

Website is a server that receives requests from clients and provides answers to them, usually in the form of pages with hypertext markup (HTML), data pages, images, files, media streams and other data.

Spam are not e-mails ordered by users, which are either bulk or in which there is no reliable information about the full name, e-mail or the electronic address of the customer or the sender of these messages, or further receipt of which the user does not can terminate by informing the customer or the sender about it.

Abuse – user complaint directed to the hosting provider. In most cases, the reason for writing abuse is the placement of sites with illegal content: pornography, warez, copyright infringement (movies, music, etc.), or sending out spam, phishing and other violations.

2. GENERAL PROVISIONS

2.1. Under the Contract, the Contractor undertakes to provide the Customer with the Services selected by the Customer, and the Customer undertakes the obligation to accept and pay for the Services. Description of the Services, their list and cost are published on the official website of the Contractor Unihost.com. The Executor’s website is a public resource, i.e. such as all Internet users have access to 24 hours a day, 7 days a week.

2.2. When accepting the terms of the Agreement, the Customer undertakes to pay for the Services selected by him in accordance with the Tariffs specified on the Contractor’s website.

2.3. The list of Services does not include the provision of the possibility of receiving and transmitting electronic messages of the Customer at the Contractor’s office, setting up or diagnosing the Customer’s personal computer, modem and software both at the Contractor’s office and with the Customer’s visit, as well as training in Internet skills.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. Duties of the Contractor:

3.1.1. At a high quality level, fulfill their obligations, the scope of which is defined in Section 2 of this Treaty.

3.1.2. Provide the Services in accordance with the chosen tariff plan and base tariffs.

3.1.3. Not later than 24 hours (twenty-four hours) to warn the Customer about carrying out preventive and repair work, sending the appropriate warnings to the Customer’s e-mail address.

3.1.4. Publish official messages related to customer service and changing payment rates on the Contractor’s website – unihost.com, and also send them to the subscriber’s e-mail, if necessary.

3.2. Duties of the Customer:

3.2.1. Provide full, truthful and accurate information in the amount necessary to provide the services that it requests/acquires.

3.2.1 Pay for the Executor’s services on time in accordance with the chosen tariff plan and basic tariffs. The Customer undertakes to familiarize himself with information on the terms of service and tariffs on the Contractor’s website – unihost.com.

3.2.2. Use the Contractor’s Services only lawfully in accordance with Hosting Acceptable Use Policy.

3.2.3. The Customer (Customer) is obliged to comply with the rules for obtaining telecommunication services when using the services of the Contractor, namely:

  1. Do not act to send, publish, transmit, reproduce, provide, or in any way use information, software or other materials that may infringe copyrights without the appropriate permission of the copyright holder
  2. Do not publish or transmit through the Internet any information that is inconsistent with current international law. In particular, this refers to information that calls for:
    • overthrowing the constitutional order;
    • violation of the territorial integrity of the country;
    • propaganda war;
    • incitement of racial, national, religious hatred;
    • the commission of terrorist acts.
    • do not publish or transmit via the Internet any information that contains elements:
      • cruelty;
      • violence;
      • adult content for child and zoo themes;
      • humiliation of human honor and dignity;
      • Do not use the server to send mail spam and other types of bulk mailings without permission from the recipients of these mailings.
      • Do not use the server to send messages in support of hacking and other illegal activities on the Internet

3.2.4. Agreeing with the provisions of this Agreement, the Customer also confirms the information that he has all the knowledge and skills, or he has employees who have those necessary for the correct use of the services provided by the Contractor.

3.3. Rights of the Contractor:

3.3.1. The Contractor has the right to terminate/block access to the Services and refuse to provide the Services thereafter, to disconnect the account and terminate the Agreement unilaterally with or without a preliminary report and without repayment of money in case of violation of the rules described in Hosting Acceptable Use Policy.

3.3.2. If the Customer’s needs for hardware and other resources that are provided within the ordered service are increased, the Contractor reserves the right to offer the Customer a transition to another tariff plan, and in case of the Customer’s refusal to terminate his service without repayment of money and terminate this Agreement unilaterally.

3.3.3. The Contractor has the right to change the tariffs that are provided to the Customer. New tariffs start to operate from the moment of their publication on the official website of the Contractor – unihost.com. The tariffs for already prepaid services are not changed. In case of disagreement of the Customer with new tariffs, he sends a letter to the Executor’s e-mail.

3.3.4. The Contractor has the right to require the Customer to provide electronic copies of the passport or other documents confirming the identity of the Customer in order to ensure the accuracy and truthfulness of the information provided by the Customer during account registration. In the event that the requested data are not provided, the Contractor reserves the right to refuse to perform the specified operations. More details about the verification procedure of the client.

3.4. Customer Rights:

3.4.1. Require the Contractor to provide the Services in a timely and qualitative manner in accordance with the terms of this Agreement.

3.4.2. Receive from the Contractor information regarding the quality, cost and order of providing the Services.

3.4.3. To address to the Contractor with complaints and offers concerning the improvement of quality of services.

4. PROCEDURE FOR PROVIDING AND ACCOUNTING FOR RENDERED SERVICES

 

4.1. The services are provided to the Customer during the term of the Agreement, subject to the prepayment on the basis of the invoice issued, or the presence of a positive balance, greater or equal to the cost of the service, on the customer’s personal account/balance sheet.

4.2. The Customer’s requests are considered to be authorized (verified) and executed by the Contractor if they were sent from the Customer’s e-mail address (e-mail). The Customer’s requests are accepted directly to the e-mail address of the Contractor indicated on the Contacts page on the official website, or through the Support section in the client’s personal account on the official website. Any requests made under other channels: telephone, live chat, skype, etc not considered to be authorized and are of purely consulting nature.

4.3. The Customer who concluded the Agreement by means of acceptance of an offer shall have the right at any time to demand from the Contractor the text of the Agreement signed by the authorized representative of the Contractor and sealed by the seal, as well as acts of completed work. These documents in the number of two copies are sent to the address specified by the Customer.

4.4. After the Contractor receives a copy of this Agreement signed by the Customer, with copies of the Confirming Documents attached, the Customer acquires in full the rights granted by the written Contract.

4.5. In the event that within 10 days after rendering the services, the Customer did not submit a claim for the quality of the services provided, executed in accordance with the terms of this agreement, it is considered that the services provided or the work performed is in compliance with the requirements of the contract and accepted by the consumer in full.

5. COST OF SERVICES AND PAYMENT PROCEDURE

5.1. The cost of the Services is indicated on the official website of the Contractor.

5.2. Payment for the services is made in the form of advance payment to the settlement account or to the cashier of the Contractor, in accordance with the invoice issued when placing an order on the Contractor’s website. Also, payment can be made by the Customer using payment cards of international payment systems Visa, MasterCard in real-time on the Contractor’s website or in another way.

5.3. Payment is carried out for a period that is calculated in months or years, depending on the type of service. The service can be paid for at least the minimum period that is possible to provide this particular service. The maximum period of service provision can not contradict the relevant regulatory documents. Payment is a fixed payment and paid by the Customer regardless of the fact of using the Services.

5.4. When the Customer signs out payment documents in the “Purpose of payment” section, a link to the invoice number is required. In the absence of reference to the invoice, the Contractor does not guarantee the crediting of the received amounts to the account of the Customer’s services, and the receipt of the payment document is not recognized as an acceptance of the Agreement.

5.5. The fact of payment for the Services is deemed to be confirmed, and the Customer’s LSB replenished, after the receipt of information from the bank about the transfer of funds to the Executor’s settlement account, with the obligatory observance of the conditions of clause 5.4.

5.6. The customer is responsible for the correctness of payments made by him. When changing the bank details of the Contractor, from the time of publication of new details on the Contractor’s website and notification to the contact e-mail address, the Customer is solely responsible for payments made
on obsolete requisites.

6. LIABILITY OF THE PARTIES

6.1. The Contractor does not guarantee the absolute continuity or infallibility of the Services and does not guarantee that the proposed software or any other materials do not contain system errors. The Contractor makes all reasonable efforts and measures to prevent this.

6.2. The Contractor shall not be liable for direct or indirect damage caused to the Customer or third parties as a result of the use or inability to use the Service or incurred as a result of errors, omissions, interruptions in work, removal of files, defects, delays in work or data transmission, or changes in functions and other reasons.

6.3 The Contractor does not guarantee the acceptance of the Subscriber’s mail from remote networks, the functioning of which led to the listing of such network addresses in the lists on which the Executor’s mail delivery program does not receive mail.

6.4. The Contractor shall not be liable for the quality of public communication channels through which access to the Services is made, as well as for notifying any third parties of the deprivation of the Customer’s access and for possible consequences that have arisen as a result of the absence of such warning.

6.5. The Contractor is not liable for the failure or improper performance of obligations under this Agreement, which occurred as a result of force majeure (earthquake, flood, hurricane and the like), abduction or damage by the attackers of lines and station facilities or through the fault of the Customer.

6.6. The Contractor is not a defendant or co-defendant for any liabilities and expenses related to the violation of the provisions of this Agreement by the Customer or other persons who use the Login name and password of the Customer; related to the use of the Internet through the Services; related to the placement or transmission of any message, information, software or other materials on the Internet by the Customer or other persons who use his login name and password.

6.7. The Customer assumes full responsibility and the risk associated with the use of the Internet using the Services. In particular, responsibility for assessing the accuracy, completeness and usefulness of any thoughts, ideas or other information, as well as the quality and properties of goods and services that are distributed on the Internet and provided by the Customer through the Services.

6.8. The customer is fully responsible for maintaining his password and for losses that may be caused as a result of his unauthorized use. Upon the theft of the Login name and the password caused by the fault of third parties, the Customer has the right to send to the Contractor address a written application for changing the password with a mandatory attachment to the application of the relevant financial document that confirms the payment for the Services. The Contractor is not liable for the actions of third parties that led to the theft, and to compensate for losses caused by theft, the Customer must apply to the relevant investigative and law enforcement agencies.

6.9. The Contractor reserves the right to amend the text of this Agreement without notice to the Customer. Changes in the Agreement come into force from the moment of their publication on this web page.

7. SPECIAL CONDITIONS AND DISPUTE RESOLUTION PROCEDURE

7.1. All contradictions between the Parties regarding the implementation of this Agreement shall be resolved through negotiations between the Parties. The parties establish a mandatory pre-trial form of dispute settlement by presenting a claim.

7.2. Only those claims regarding Services that are declared by the Customer in writing and within a period not exceeding 3 (three) calendar days from the date of occurrence of the disputable situation are accepted to the Executor’s consideration. The period for consideration of the Customer’s claims is no more than 14 (fourteen) calendar days.

7.3. Consideration of claims related to the provision of Services is performed by the Contractor provided that the Customer submits the relevant financial documents that confirm payment for the Services for which the claim is claimed.

7.4. When considering disputes, the Parties have the right to provide printed e-mails (e-mail) as evidence, with the stored technical information in them (titles). In the event that technical information (titles) is not available, such a letter is not proof. The originality of the e-mail headers can be confirmed by the Internet Service Provider, through which an appropriate e-mail or independent experts were sent.

7.5. In case of impossibility of settlement by means of negotiations, disputes are resolved in judicial order according to international law.

8. MOMENT OF ENTRY INTO FORCE OF THE CONTRACT. VALIDITY. TERMINATION PROCEDURE

8.1. This Agreement shall enter into force upon receipt of payment for the Services from the Customer and shall be effective throughout the prepaid period for the provision of the Services.

8.2. In the event that the Customer enters payment for the Services for the subsequent billing period before the expiry of the Agreement, the Agreement is extended automatically under the same conditions as defined in this Agreement.

8.3. The agreement shall terminate in the following cases:

expiration of the Agreement in connection with the fulfillment by the Parties of all their obligations;

refusal of the Customer from the Services;
the Contractor’s refusal to provide the Services, upon the expiration of the Agreement;

termination of the Agreement in connection with the Customer’s breach of its obligations specified in this Agreement and its Annexes.

8.4. The Contractor may at any time unilaterally refuse to provide the Services to the Customer without explanation of the reasons according to Acceptable Use Policy.

8.5. Without prejudice to any rights that have accrued under a Contract or any of its rights or remedies, either party may terminate a Contract on giving not less than 30 days written notice to the other party. Notwithstanding the foregoing, if you have agreed and paid for Services on an annual payment basis, we shall not be obliged to refund any pro rated payments if you cancel during the annual term.

8.6. On all issues not regulated in this text of the Treaty, the Parties are guided by the current legislation of the UK.