According to Article 396 of the Civil Code of the Republic of Belarus, a public contract is one of the types of contracts, according to which one party undertakes to provide services in relation to an indefinite number of persons who have applied with a request for the provision of these services.
A public agreement does not require execution on paper and its subsequent signing by the parties; it has legal force due to the performance of certain actions by the parties indicating their will to enter into a contractual relationship.
In particular, the publication (placement) of the text of a public agreement on the official website superovohost.com is a public offer (offer) addressed to a wide range of persons in order to provide certain types of services (clause 2, article 407 of the Civil Code of the Republic of Belarus).
The fact confirming the conclusion of a public contract on the part of the consumer of services is the execution of an application for the provision of services and their subsequent payment (clause 3 of article 408 of the Civil Code of the Republic of Belarus).
A public contract made in the above procedure is considered concluded in a simple written form (clause 2, clause 3 of article 404 and clause 3 of article 408 of the Civil Code of the Republic of Belarus), and, accordingly, does not require execution on paper and has a complete legal force.
paid hosting services
Individual entrepreneur Lebedev Igor Valerievich (trademark “SuperovoHost.com”), hereinafter referred to as the CONTRACTOR, acting on the basis of the Charter, offers hosting services, namely the placement (storage) of web pages and other data provided by the CUSTOMER on the information and technical resources of the CONTRACTOR in digital form (hereinafter referred to as “Data”) in order to ensure their availability on the Internet.
In accordance with Article 396 of the Civil Code of the Republic of Belarus, a public contract is one of the types of contracts, according to which one party undertakes an obligation to provide services in relation to an indefinite number of persons who have made a request for the provision of these services.
The publication (placement) of the text of this Agreement on the website at the following address: https://superovohost.com/en/about-hosting-provider-superovohost-com/documentation/ is a public offer (offer) of the CONTRACTOR, addressed to an indefinite number of persons to conclude this Agreement (p .2. Article 407 of the Civil Code of the Republic of Belarus).
The conclusion of this Agreement is made by joining the CUSTOMER to this Agreement, i.e. through the acceptance (acceptance) by the CUSTOMER of the terms of this Agreement as a whole, without any conditions, exceptions and reservations (Article 398 of the Civil Code of the Republic of Belarus).
The fact of acceptance (acceptance) by the CUSTOMER of the terms of this Agreement is the payment by the Consumer for the Services ordered by him in the manner and on the terms determined by this Agreement (clause 3 of Article 408 of the Civil Code of the Republic of Belarus).
This Agreement, subject to the procedure for its acceptance, is considered concluded in a simple written form (clause 2, clause 3 of article 404 and clause 3 of article 408 of the Civil Code of the Republic of Belarus).
1. THE SUBJECT OF THE AGREEMENT
1.1. The subject of the Agreement is the provision of hosting services to the CUSTOMER, as well as other related services in accordance with the current subscription Tariffs.
1.2. The services are provided according to the selected subscription tariff plan, the period for the provision of services and other conditions determining the procedure for the provision of services, as well as other information that is essential for the provision of services under this Agreement, are indicated in the invoice or invoice issued by the CONTRACTOR for payment by the CUSTOMER.
1.3. The CONTRACTOR has the right to involve third parties to fulfill its obligations under this Agreement, as well as to use the services / works of third parties that ensure the possibility of providing the Services provided for in this Agreement.
2. OBLIGATIONS OF THE PARTIES
2.1. The CONTRACTOR undertakes from the moment of the conclusion of the Agreement:
2.1.1. Provide the CUSTOMER with services at the current subscription Tariffs.
2.1.2. The CONTRACTOR is not obliged to notify about changes in the cost of the provided tariffs and services, unless this concerns the reduction of tariff configurations and changes in the already generated invoices of the CUSTOMER.
2.2. The CUSTOMER undertakes:
2.2.1. Comply with the provisions of this Agreement and the Appendices, which are its integral part.
2.2.2. Timely pay for services within a period of no more than 3 days from the date of expiry of the previous payment.
2.2.3. When placing the content, information and files of the CUSTOMER on the technical resources of the CONTRACTOR, be guided by the Civil Code of the Republic of Belarus, the Law of the Republic of Belarus on the mass media.
2.2.4. Not to post on the technical resources of the CONTRACTOR information or software that falls under the restrictions of the current legislation of the Republic of Belarus, including (but not only) certain encryption software.
2.2.5. At least once a week, familiarize yourself with the official information posted on the CONTRACTOR’s website SuperovoHost.com related to servicing the CUSTOMER, including changing the CONTRACTOR’s tariff plans. In case of violation by the CUSTOMER of this clause, the EXECUTOR is not responsible for the possible consequences of changes in tariffs or other information.
2.3. During the execution of this Agreement, the contact addresses and details of the Parties agreed at the time of the conclusion of this Agreement, namely: the name of the organization, its payment details, postal and legal addresses, telephone numbers, contact e-mail, management team and other facts that are important for fulfillment of the terms of this Agreement may change, about which the Parties undertake to notify each other within five working days from the date of making the corresponding change.
2.4. In case of non-fulfillment by the CUSTOMER of the terms of clause 2.3 of this Agreement, the CONTRACTOR shall not be liable for damage caused to the CUSTOMER as a result of untimely notification of the CONTRACTOR about such changes.
2.5. Ensure the state registration of the specified information resource in the State register of information networks, systems and resources of the national segment of the Internet, located on the territory of the Republic of Belarus, if the information resource of the CUSTOMER posted on the information and technical resources of the CONTRACTOR has not passed state registration. The CONTRACTOR undertakes to ensure the state registration of the specified information resource in the State register of information networks, systems and resources of the national segment of the Internet, located on the territory of the Republic of Belarus. The CUSTOMER undertakes to promptly provide the CONTRACTOR with complete and reliable information required for state registration of an information resource.
2.6. The Contractor has the right to provide personal data of the customer, the technical administration of the national domain zone BY.
3. PAYMENT PROCEDURE
3.1. The cost of the Services provided under this Agreement is determined based on the volume, nature and duration of the ordered Services in accordance with the subscription rates approved by the CONTRACTOR, which are valid immediately at the time of invoicing or invoicing.
3.2. Subscription Tariffs, which were in effect immediately at the time of the request for payment for the ordered Services, are an integral part of this Agreement.
3.3. The CUSTOMER, on the basis of the invoice or invoice issued by the CONTRACTOR, is obliged to pay for services in the order of 100% prepayment within 30 working days from the date of its issuance, if the payment is not received within the specified period, the invoice is canceled.
3.4. The CUSTOMER, being a legal entity, pays for the ordered Services by wire transfer of funds to the account of the EXECUTOR according to the data and details specified in the invoice issued.
3.5. The CUSTOMER, who is an individual, pays for the ordered Services through a non-cash bank or postal transfer of funds to the account of the CONTRACTOR, in accordance with the data and details specified in the invoice issued with the obligatory indication of the payer’s name and invoice number. Payment for the Services under this Agreement can also be made by the CUSTOMER through a non-cash transfer of electronic money (WebMoney, EasyPay, etc.) permitted for circulation in the Republic of Belarus to the CONTRACTOR’s e-wallets specially specified for these purposes, on the basis of an invoice issued for billing payment. system.
3.6. The CUSTOMER undertakes to send the CONTRACTOR a copy of the payment document confirming the payment by e-mail email@example.com. The CONTRACTOR assumes obligations for the provision of services after receiving confirmation of payment from the CUSTOMER or crediting funds to the current account.
3.7. The provision of services is made on a 100% prepayment basis. In the absence of timely payment for the Services, the CONTRACTOR has the right to suspend the provision of the Services to the CUSTOMER, without further notice, unilaterally.
3.8. Funds are debited from the account at a time in accordance with the purchased subscription tariff, from the moment the services are rendered. The volume of the Services consumed is determined solely by the credentials of the CONTRACTOR. The basis for issuing an invoice to the CUSTOMER or debiting funds from the account for the Services provided is the data obtained using the equipment used by the CONTRACTOR to record the volume of the Services provided to him.
3.9. After the provision of the Service under this agreement, the CONTRACTOR sends the CUSTOMER a signed acceptance certificate of the work performed. The CUSTOMER signs the act or provides a reasoned refusal to sign it. If a reasoned refusal is not provided within 3 (three) days, the act is signed by the CONTRACTOR unilaterally and from that moment on the work on the specified acceptance certificate is considered accepted by the CUSTOMER in full. The CUSTOMER independently monitors the timely receipt of primary or other documents from the CONTRACTOR. Re-issuance and / or sending of invoices, invoices, acts and other documents for previous periods is made only at the request of the CUSTOMER, duly sent to the CONTRACTOR.
3.10. The CUSTOMER has the ability to bind his bank card for automatic payment for services and, in case of refusal from services, undertakes to independently control the settings for automatic charges. The CONTRACTOR is not responsible if the CUSTOMER forgot to unsubscribe from the auto renewal of services, in this case, a refund will be made if the CUSTOMER requests a refund within 24 hours after the erroneous operation.
4. ORDER OF DELIVERY AND ACCEPTANCE OF SERVICES
4.1. The provision of Services under this Agreement for the CUSTOMER who is a legal entity is confirmed by the Act on the provision of services. The original of the act of completed work is sent by the CONTRACTOR to the CUSTOMER within fifteen calendar days from the date of receipt of payment for the services provided to the account of the CONTRACTOR, upon request. The CUSTOMER, in the absence of claims for the Services provided, is obliged to sign it and send it to the CONTRACTOR within three calendar days from the date of receipt of the Certificate of Services Rendering. If there are claims, the CUSTOMER undertakes to send them to the CONTRACTOR in writing within three calendar days from the date of receipt of the Act on the provision of services. If, within fifteen calendar days from the date of commencement of the provision of services, the EXECUTOR does not receive written claims, or a signed Certificate of Service Delivery within the agreed period, the Act is unconditionally considered signed, and the Services accepted in full and of proper quality.
4.2. The provision of the Services under this Agreement for the CUSTOMER, who is an individual, is confirmed by the fact that the CUSTOMER has consumed the Services provided to him and the absence of written claims by the CUSTOMER presented by the CUSTOMER within five calendar days from the start of the provision of services of written claims for the Services provided by the CONTRACTOR.
5. DURATION OF THE CONTRACT
5.1. This Agreement is concluded for an unlimited period.
5.2. The contract comes into force from the moment the payment is received on the account of the CONTRACTOR in accordance with the amount of the invoice, invoice from the CUSTOMER.
6. RIGHTS AND RESPONSIBILITIES OF THE PARTIES
6.1. The CUSTOMER and the CONTRACTOR undertake to ensure the confidentiality of the CUSTOMER’s credentials (a set of passwords for accessing the CONTRACTOR’s technical resources and other information authorizing the CUSTOMER, with the exception of clause 2.6.). The CONTRACTOR is not liable for damage of any kind incurred by the CUSTOMER due to the disclosure of his credentials by the latter. The CONTRACTOR is not liable for any kind of damage incurred by the CUSTOMER due to the disclosure of the CUSTOMER’s credentials due to unauthorized access by third parties to the technical resources of the EXECUTOR. The CONTRACTOR has access to the information of the CUSTOMER, but only for the purpose of technical support of the Services or in case of receiving claims from third parties regarding malicious and / or illegal actions of the CUSTOMER.
6.2. In cases stipulated by the current legislation of the Republic of Belarus and when contacting the CONTRACTOR of the relevant competent organizations and persons, the EXECUTOR has the right to inform the indicated competent organizations and persons of the CUSTOMER’s credentials.
6.3. The CUSTOMER agrees to release the CONTRACTOR from liability for claims of third parties who have signed contracts with the CUSTOMER for the provision of Services, which are partially or fully provided by the CUSTOMER using the PROVIDER’s Services.
6.4. The CONTRACTOR is not responsible for the quality of communication lines if they are organized by other organizations.
6.5. The CONTRACTOR has the right at any time to request from the CUSTOMER information that enables communication and identification of either the owner of the account or the owner of the domain (s) placed on the account, as well as, if necessary, documentary confirmation of this information. In case of failure to provide information or their documentary confirmation within 5 days, the CONTRACTOR has the right to terminate or suspend the provision of the Services and terminate the contract unilaterally.
6.6. The CONTRACTOR has the right to terminate or suspend the provision of the Services to the CUSTOMER and to terminate the Agreement unilaterally if the CUSTOMER violates the terms of this Agreement. In this case, the unused balance of funds is not returned to the CUSTOMER.
6.7. The CUSTOMER is independently responsible for the content of information transmitted by him or by another person under his network details (information authorizing the CUSTOMER) on the Internet and the Contractor’s own resources: for its reliability, purity from claims of third parties and the legality of its distribution. The CONTRACTOR is not responsible for the content of information transmitted by the CUSTOMER via the Internet and the PROVIDER’s own resources.
6.8. The CUSTOMER, using the SERVICES of the CONTRACTOR and the Internet, bears full responsibility for the compliance of the information posted on his equipment with the current legislation and is independently responsible for the harm caused by his actions (personally or by another person under his network details) to the person or property of citizens, legal entities, the state or moral principles of society. In case of receiving from a third party claims regarding a violation of the law by the fact of posting (distributing) by the user of any information using the Services provided, the CONTRACTOR has the right to send this claim to the CUSTOMER, notifying the person who sent the claim about forwarding his claim to the account owner
6.9. The CONTRACTOR is not liable to the CUSTOMER for delays, interruptions in work and the impossibility of full use of the CONTRACTOR’s own resources, occurring directly or indirectly due to the action or inaction of third parties and / or the inoperability of transport and information channels outside the CONTRACTOR’s own resources.
6.10. In case of interruptions in the provision of the Services due to the fault of the CONTRACTOR, the amount of the EXECUTOR’s liability is limited solely to the provision of additional time for using the hosting depending on the downtime. Lost profits and / or consequential losses of the CUSTOMER shall not be reimbursed.
6.11. Since the Internet is a voluntary association of various networks and resources, the CONTRACTOR is not responsible for the normal functioning of the Internet or its parts, as well as for their availability for the CUSTOMER.
6.12. Any Services provided to the CUSTOMER by the CONTRACTOR are related to the functioning of the Internet both on the technical resources of the CONTRACTOR and outside them. The CONTRACTOR is not responsible for changing the properties, functions and quality of the Services provided to the CUSTOMER, if these are not explicitly described in the Agreement. The CONTRACTOR is not responsible for the quality, error-freeness and absence of malicious components in the software used on the EXECUTOR’s servers and other Internet servers or the software offered to the CUSTOMER, if it is not developed by the CONTRACTOR itself.
6.13. The CUSTOMER assumes full responsibility and all risks associated with the use of the Internet through the resources and / or Services of the PROVIDER.
6.14. The CUSTOMER is strictly prohibited from transferring his data (logins, passwords, etc.) from the account (control panel, FTP, billing panel, administration panels, etc.) to third parties without notifying the CONTRACTOR. The transfer of data to a third party occurs only with the permission of the CONTRACTOR and is accompanied by the re-conclusion of this Agreement with the person to whom the data from the account was transferred.
6.15. For non-fulfillment or improper fulfillment of its obligations under this Agreement, the guilty Party shall be liable in accordance with the current legislation of the Republic of Belarus, taking into account the specifics established by this Agreement.
6.16. The CUSTOMER is solely responsible for the completeness, reliability and timeliness of providing the CONTRACTOR with the information necessary for state registration of the CUSTOMER’s information resources, as well as for the independent state registration of third-party information resources placed by the CUSTOMER as a provider of Internet services.
6.17. The CUSTOMER shall reimburse the CONTRACTOR for any losses incurred by the CONTRACTOR in connection with the posting of information on the information and technical resources of the CUSTOMER, the content of which is contrary to the legislation of the Republic of Belarus, as well as in other cases when the failure by the CUSTOMER to comply with the requirements of the legislation of the Republic of Belarus and / or obligations under this Agreement resulted in the infliction of losses.
7. OTHER CONDITIONS
7.1. The law governing the relations of the Parties is the legislation of the Republic of Belarus. In the event of disputes on the issues provided for by this Agreement, and in connection with it, the Parties will take all measures to resolve them through negotiations. If it is impossible to resolve these disputes through negotiations, they are referred to a competent court for consideration.
7.2. The CONTRACTOR provides the CUSTOMER with Services on a round-the-clock basis with possible interruptions. Interruptions in the provision of the Services are caused by the action or inaction of third parties and / or the inoperability of transport and information channels outside the Contractor’s own resources, as well as the necessary repair and / or replacement of the CONTRACTOR’s equipment and software, including due to emergency circumstances.
7.3. In case of termination of the provision of Services to the CUSTOMER and termination of the contract, the cost of domain registration is withheld from him.
7.4. All claims for the quality of service and provision of services are accepted only in writing, subject to its validity, namely, the claim must contain a link to the clause of this Agreement, an article of the law or other regulatory act that, in the opinion of the CUSTOMER, has been violated by the CONTRACTOR. The claim procedure for resolving disputes is mandatory. The deadline for responding to a claim is set at 10 (ten) calendar days from the date of receipt.
7.5. In the event of an accident, or the impossibility of providing services under this Agreement due to the fault of the CONTRACTOR, the latter will take all measures to eliminate the causes within 72 hours.
7.6. This Agreement is made in 1 (one) copy and is located on the superovohost.com website. The Agreement contains the final and complete terms of the agreement of the Parties and replaces all previous correspondence and preliminary negotiations of the Parties on its subject.
8. PROCEDURE FOR TERMINATION OF THE AGREEMENT
8.1. The Agreement can be terminated at any time by agreement of the Parties.
8.2. If one of the Parties violates the terms of this Agreement or its Appendices, the other Party has the right to unilaterally terminate the Agreement, and notifies the Party that violated the terms of the Agreement in writing by fax or registered mail (by e-mail for individuals).
8.3. This Agreement may be terminated at the initiative of the CUSTOMER, in the absence of direct fault of the CONTRACTOR, after the expiration of the paid period by refusing to prepay for the Services for the next period or on the basis of a notice set out in writing and sent by registered mail to the EXECUTOR within 5 (five) days and not later than 5 (five) days from the date of payment for services. In this case, the unused balance of the CUSTOMER’s funds is returned, provided there are no violations under this Agreement, and the CUSTOMER’s debt in payment for the Services is compensated for (used traffic, administration, software installation, etc.). If, within 5 (five) days from the date of payment for services, the EXECUTOR does not receive a written notification from the CUSTOMER about the cancellation of services, then the money will not be returned to the CUSTOMER.
8.4. This Agreement may be terminated at the initiative of the CONTRACTOR, in the absence of the direct fault of the CUSTOMER in the failure to comply with the terms of this Agreement by notification in oral or written form (for individuals) and in writing (for legal entities) and transferred to the CUSTOMER no later than 5 (five) days until the desired date of termination of this Agreement. In this case, the CUSTOMER is refunded the unused balance of funds at the time of termination of this Agreement, provided that there are no violations of this Agreement, and the CUSTOMER’s debt in payment for the Services is compensated for (used traffic, administration, software installation, etc.). Refunds are made within 30 days from the date of termination of the contract.
8.5. The CONTRACTOR reserves the right to unilaterally change the terms of service under this Agreement, having previously notified the CUSTOMER about this by e-mail (to the contact e-mail in the account control panel) 5 (five) days in advance. In the event that the CUSTOMER does not agree to use the Services of the EXECUTOR in accordance with the modified Applications, he no later than 3 (three) days before the entry into force of the amendments to the Applications, in writing or by e-mail, notifies the CONTRACTOR about this. The notification is deemed to have been received by the CONTRACTOR properly. In this case, the provision of the Services is terminated. The absence of a written notice within the specified period means the CUSTOMER’s consent to use the SERVICES of the EXECUTOR, taking into account the changes.
8.6. The CONTRACTOR reserves the right to unilaterally terminate the Agreement, without prior warning to the CUSTOMER and without returning the unused balance of funds, if the CUSTOMER: places pornographic materials on his website; sends SPAM; distributes malicious software; installs and uses a proxy server or web proxy, torrent clients (torrent) on your account; organizes a file exchanger on his account; installs scripts of public ratings to provide services for counting visits to third-party resources; violates the legislation of the Republic of Belarus.
Also, if, upon prior notification, within 2 hours the client does not solve the problem, the account may be turned off.
8.7. The moment of termination of this Agreement is the date of notification of one of the Parties about the termination of this Agreement.
9. CIRCUMSTANCES OF FORCE
9.1. Neither party is liable to the other party for delay or failure to fulfill obligations due to force majeure circumstances, i.e. arising against the will and desire of the parties and which cannot be foreseen or avoided, including the lack of power supply, technical and technological features of air conditioning systems and other equipment located in the Data Center, as well as malfunctions in the operation of network equipment, computers and their software, technical problems at transit nodes of the Internet and other disruptions in the functioning of data transmission networks outside the sphere of influence of the Parties, but not limited to the above.