Public Service Agreement

ИП Лебедев Игорь Валерьевич (trade name “SuperovoHost.com”), hereinafter the CONTRACTOR, acting under the Charter, offers hosting services: placing (storing) web pages and other data supplied by the CUSTOMER in digital form (the “Data”) on the CONTRACTOR’s information and technical resources so that they are accessible on the Internet.

Under Article 396 of the Civil Code of the Republic of Belarus, a public contract is a type of contract under which one party undertakes to provide services to an unspecified group of persons who request those services.

Publication of this Agreement at https://superovohost.com/o-hosting-provajdere-superovohost-com/dokumenty/ is a public offer by the CONTRACTOR, addressed to an unspecified group of persons, to enter into this Agreement (Clause 2 of Article 407 of the Civil Code of the Republic of Belarus).

The CUSTOMER enters into this Agreement by acceding to it, that is, by accepting its terms in full, without conditions, exceptions or reservations (Article 398 of the Civil Code of the Republic of Belarus).

The CUSTOMER accepts this Agreement by paying for the ordered Services in the manner and on the terms set out in this Agreement (Clause 3 of Article 408 of the Civil Code of the Republic of Belarus).

If accepted in accordance with the procedure set out above, this Agreement is deemed concluded in simple written form (Clauses 2 and 3 of Article 404 and Clause 3 of Article 408 of the Civil Code of the Republic of Belarus).

01SUBJECT OF THE AGREEMENT

1.1. The subject of this Agreement is the provision of hosting and related services to the CUSTOMER under the subscription plans in effect.

1.2. Services are provided under the selected subscription plan. The service period, other terms governing service delivery, and other information material to the Services under this Agreement are stated in the invoice or invoice-factura issued by the CONTRACTOR for payment by the CUSTOMER.

1.3. The CONTRACTOR may engage third parties to perform its obligations under this Agreement and may use services or work provided by third parties that enable delivery of the Services under this Agreement.

02OBLIGATIONS OF THE PARTIES

2.1. The CONTRACTOR undertakes, from the date this Agreement is concluded, to:

2.1.1. provide the CUSTOMER with services at the applicable subscription rates.

2.1.2. The CONTRACTOR is not required to notify the CUSTOMER of changes to service prices or rates, except where a plan configuration is downgraded or an invoice already issued to the CUSTOMER is changed.

2.2. The CUSTOMER undertakes to:

2.2.1. comply with this Agreement and its Appendices, which form an integral part of it;

2.2.2. pay for the Services on time, no later than three days after the previous payment period expires;

2.2.3. when placing the CUSTOMER’s content, information and files on the CONTRACTOR’s technical resources, comply with the Civil Code of the Republic of Belarus and the Law of the Republic of Belarus on Mass Media;

2.2.4. not place on the CONTRACTOR’s technical resources information or software restricted by the laws of the Republic of Belarus, including (without limitation) certain encryption software;

2.2.5. review at least once a week the official information on the CONTRACTOR’s website, SuperovoHost.com, concerning service to the CUSTOMER, including changes to the CONTRACTOR’s plans. If the CUSTOMER fails to do so, the CONTRACTOR is not liable for possible consequences of changes to rates or other information;

2.3. During this Agreement, the parties’ contact details and particulars agreed when it was concluded—including the organisation name, payment details, postal and registered addresses, telephone numbers, contact email, management and other information material to performance—may change. Each party must notify the other within five business days after a change is made;

2.4. If the CUSTOMER fails to comply with Clause 2.3, the CONTRACTOR is not liable for damage caused to the CUSTOMER by the CUSTOMER’s failure to notify the CONTRACTOR of such changes in time;

2.5. ensure state registration of the CUSTOMER’s information resource in the State Register of Information Networks, Systems and Resources of the National Segment of the Internet located in the Republic of Belarus if that resource, hosted on the CONTRACTOR’s information and technical resources, has not been registered. The CONTRACTOR undertakes to ensure such registration. The CUSTOMER must promptly provide the CONTRACTOR with complete and accurate information required for registration;

2.6. The Contractor may provide the customer’s personal data to the technical administrator of the national BY domain zone.

03PAYMENT PROCEDURE

3.1. The price of Services under this Agreement is determined by the volume, nature and duration of the Services ordered, under the subscription rates approved by the CONTRACTOR and in effect when the invoice or invoice-factura is issued.

3.2. The subscription rates in effect when payment for the ordered Services was requested form an integral part of this Agreement.

3.3. Based on the invoice or invoice-factura issued by the CONTRACTOR, the CUSTOMER must pay 100% in advance within 30 business days of its issue. If payment is not received within that period, the invoice is cancelled.

3.4. A CUSTOMER that is a legal entity pays for the ordered Services by bank transfer to the CONTRACTOR’s account using the details stated in the invoice-factura.

3.5. A CUSTOMER who is an individual pays for the ordered Services by bank or postal transfer to the CONTRACTOR’s account using the details in the invoice-factura and stating the payer’s full name and invoice-factura number. The CUSTOMER may also pay by cashless transfer of electronic money permitted in the Republic of Belarus (WebMoney, EasyPay and others) to the CONTRACTOR’s designated electronic wallets, based on an invoice issued by the billing system.

3.6. The CUSTOMER must email support@superovohost.com a copy of the payment document confirming payment. The CONTRACTOR undertakes to provide the Services after receiving the CUSTOMER’s payment confirmation or after the funds are credited to its account.

3.7. Services are provided on a 100% prepayment basis. If payment is not made on time, the CONTRACTOR may unilaterally suspend the Services to the CUSTOMER without further notice.

3.8. Funds are debited once, when service begins, in accordance with the subscription plan purchased. The amount of Services consumed is determined solely from the CONTRACTOR’s records. Charges to the CUSTOMER or debits from the account for Services provided are based on data collected by the equipment the CONTRACTOR uses to measure service consumption.

3.9. After providing a Service under this Agreement, the CONTRACTOR sends the CUSTOMER a signed certificate of completion. The CUSTOMER signs it or provides a reasoned refusal. If no reasoned refusal is provided within three days, the CONTRACTOR signs the certificate unilaterally and the CUSTOMER is deemed to have accepted the work in full. The CUSTOMER is responsible for receiving primary and other documents from the CONTRACTOR on time. Invoices, invoice-facturas, certificates and other documents for past periods are reissued or resent only at the CUSTOMER’s duly submitted request.

3.10. The CUSTOMER may link a bank card for automatic payment and, when discontinuing the Services, must manage the automatic debit settings independently. The CONTRACTOR is not liable if the CUSTOMER forgets to cancel automatic renewal. A refund for an erroneous transaction is made only if the CUSTOMER requests it within 24 hours of the transaction.

04SERVICE ACCEPTANCE PROCEDURE

4.1. For a CUSTOMER that is a legal entity, provision of Services is confirmed by a service certificate. At the CUSTOMER’s request, the CONTRACTOR sends the original certificate within 15 calendar days after payment for the Services is credited to the CONTRACTOR’s account. If there are no complaints, the CUSTOMER must sign and return it within three calendar days of receipt. Any complaints must be sent to the CONTRACTOR in writing within three calendar days of receipt. If the CONTRACTOR receives no written complaints within 15 calendar days after the Services begin, or does not receive the signed certificate within the stated period, the certificate is deemed unconditionally signed and the Services accepted in full and at proper quality.

4.2. For an individual CUSTOMER, provision of Services is confirmed by the CUSTOMER’s use of the Services and by the absence of written complaints about them within five calendar days after the Services begin.

05TERM OF THE AGREEMENT

5.1. This Agreement is concluded for an indefinite term.

5.2. This Agreement takes effect when the CUSTOMER’s payment in the amount stated in the invoice or invoice-factura is credited to the CONTRACTOR’s account.

06RIGHTS AND LIABILITY OF THE PARTIES

6.1. The CUSTOMER and CONTRACTOR must keep the CUSTOMER’s credentials confidential (passwords for access to the CONTRACTOR’s technical resources and other information used to authenticate the CUSTOMER, except as provided in Clause 2.6). The CONTRACTOR is not liable for any damage the CUSTOMER suffers because the CUSTOMER disclosed its credentials, or because third parties obtained them through unauthorised access to the CONTRACTOR’s technical resources. The CONTRACTOR may access the CUSTOMER’s information solely to provide technical support for the Services or in response to third-party claims concerning harmful and/or unlawful acts by the CUSTOMER.

6.2. Where Belarusian law so provides and a competent organisation or person applies to the CONTRACTOR, the CONTRACTOR may disclose the CUSTOMER’s credentials to them.

6.3. The CUSTOMER agrees to release the CONTRACTOR from liability for claims by third parties who entered into service agreements with the CUSTOMER where the CUSTOMER provides those services in whole or in part using the CONTRACTOR’s Services.

6.4. The CONTRACTOR is not liable for the quality of communication lines organised by other organisations.

6.5. The CONTRACTOR may at any time request information from the CUSTOMER needed to contact and identify the account owner or the owner of domains hosted in the account, and, if necessary, documentary proof of that information. If the information or proof is not provided within five days, the CONTRACTOR may stop or suspend the Services and terminate this Agreement unilaterally.

6.6. If the CUSTOMER breaches this Agreement, the CONTRACTOR may stop or suspend the Services and terminate this Agreement unilaterally. In that case, the unused balance is not refunded to the CUSTOMER.

6.7. The CUSTOMER is solely responsible for content transmitted over the Internet or the CONTRACTOR’s resources using the CUSTOMER’s network credentials, including its accuracy, freedom from third-party claims and lawful distribution. The CONTRACTOR is not responsible for content transmitted by the CUSTOMER over the Internet or through the CONTRACTOR’s resources.

6.8. The CUSTOMER is fully responsible for ensuring that information placed on its equipment while using the CONTRACTOR’s Services and the Internet complies with applicable law, and for harm caused by the CUSTOMER or anyone using its network credentials to individuals, legal entities, the state or public morals. If a third party alleges that a user violated the law by placing or distributing information through the Services, the CONTRACTOR may forward the claim to the CUSTOMER and inform the claimant that it has been referred to the account owner.

6.9. The CONTRACTOR is not liable to the CUSTOMER for delays, interruptions or inability to fully use the CONTRACTOR’s resources where these arise directly or indirectly from acts or omissions of third parties and/or failures of transport and information channels outside the CONTRACTOR’s resources.

6.10. If Services are interrupted through the CONTRACTOR’s fault, the CONTRACTOR’s liability is limited to providing additional hosting time based on the downtime. The CUSTOMER is not compensated for lost profits or indirect losses.

6.11. Because the Internet is a voluntary association of different networks and resources, the CONTRACTOR is not responsible for the proper operation of the Internet or any part of it, or its availability to the CUSTOMER.

6.12. All Services provided by the CONTRACTOR depend on the Internet operating both within and outside the CONTRACTOR’s technical resources. The CONTRACTOR is not liable for changes in the properties, functions or quality of Services unless expressly described in this Agreement. The CONTRACTOR is not liable for the quality, error-free operation or absence of malicious components in software used on the CONTRACTOR’s or other Internet servers, or offered to the CUSTOMER, unless that software was developed by the CONTRACTOR.

6.13. The CUSTOMER assumes full responsibility and all risks associated with using the Internet through the CONTRACTOR’s resources and/or Services.

6.14. The CUSTOMER must not give account credentials (logins, passwords, etc. for the control panel, FTP, billing panel, administration panels and similar systems) to third parties without notifying the CONTRACTOR. Credentials may be transferred to a third party only with the CONTRACTOR’s permission and after this Agreement is re-entered into with the person receiving the account credentials.

6.15. A party that fails to perform or improperly performs its obligations under this Agreement is liable under the laws of the Republic of Belarus, subject to the provisions of this Agreement.

6.16. The CUSTOMER is solely responsible for the completeness, accuracy and timely provision of information the CONTRACTOR needs to register the CUSTOMER’s information resources, and for independently registering third-party information resources that the CUSTOMER hosts as an Internet service provider.

6.17. The CUSTOMER must compensate the CONTRACTOR for any losses incurred because information placed on the CUSTOMER’s information and technical resources violates the laws of the Republic of Belarus, and for losses otherwise caused by the CUSTOMER’s failure to comply with Belarusian law and/or this Agreement.

07OTHER TERMS

7.1. The laws of the Republic of Belarus govern the parties’ relationship. The parties will take all steps to resolve disputes relating to this Agreement through negotiations. If negotiations do not resolve a dispute, it will be referred to a court of competent jurisdiction.

7.2. The CONTRACTOR provides Services around the clock, subject to possible interruptions. Interruptions may result from acts or omissions of third parties, failures of transport and information channels outside the CONTRACTOR’s resources, or necessary repair or replacement of the CONTRACTOR’s equipment or software, including in emergencies.

7.3. If Services to the CUSTOMER are stopped and this Agreement is terminated, the domain registration fee is withheld.

7.4. Complaints about service quality are accepted only in writing and must be substantiated by citing the clause of this Agreement, law or other legal instrument that the CUSTOMER believes the CONTRACTOR has violated. The parties must follow the claim procedure before resolving a dispute in court. The response period is 10 calendar days from receipt of the claim.

7.5. If an emergency occurs or the Services cannot be provided through the CONTRACTOR’s fault, the CONTRACTOR will take all measures to remedy the cause within 72 hours.

7.6. This Agreement is made in one copy and published on superovohost.com. It contains the parties’ complete and final agreement and replaces all prior correspondence and preliminary negotiations concerning its subject matter.

08TERMINATION PROCEDURE

8.1. The parties may terminate this Agreement at any time by mutual agreement.

8.2. If one party breaches this Agreement or its Appendices, the other party may terminate it unilaterally by notifying the breaching party in writing by fax or registered mail (by email for individuals).

8.3. The CUSTOMER may terminate this Agreement after the paid period ends by declining to prepay for the next period, or, if the CONTRACTOR is not directly at fault, by sending written notice to the CONTRACTOR by registered mail within five days of paying for the Services. If the CUSTOMER has not breached this Agreement, the unused balance is refunded, less any amount the CUSTOMER owes for Services used, including traffic, administration and software installation. If the CONTRACTOR does not receive the CUSTOMER’s written cancellation notice within five days after payment, no refund is made.

8.4. The CONTRACTOR may terminate this Agreement if the CUSTOMER is not directly at fault for the breach, by notifying the CUSTOMER orally or in writing (individuals) or in writing (legal entities) at least five days before the requested termination date. If the CUSTOMER has not breached this Agreement, the unused balance is refunded, less any amount owed for Services used, including traffic, administration and software installation. The refund is made within 30 days after termination.

8.5. The CONTRACTOR may unilaterally amend the terms of service under this Agreement by notifying the CUSTOMER by email (to the contact address in the account control panel) at least five days in advance. If the CUSTOMER does not agree to use the Services under the amended Appendices, the CUSTOMER must notify the CONTRACTOR in writing or by email no later than three days before the amendments take effect. The notice is deemed duly received. The Services will then end. If no written notice is given by that deadline, the CUSTOMER is deemed to have accepted the changes.

8.6. The CONTRACTOR may terminate this Agreement unilaterally, without prior notice and without refunding the unused balance, if the CUSTOMER hosts pornographic material, sends spam, distributes malicious software, installs or uses a proxy server, web proxy or torrent client in the account, operates a file-sharing service in the account, installs public rating scripts to count visits to third-party resources, or violates the laws of the Republic of Belarus. If the CUSTOMER does not resolve an issue within two hours after a prior notice, the account may also be disabled. The termination date is the date on which either party gives notice of termination.

09FORCE MAJEURE

9.1. Neither party is liable to the other for delay or failure to perform caused by force majeure circumstances arising beyond the parties’ will that could not have been foreseen or avoided. These include power outages; technical or technological characteristics of air-conditioning and other equipment at the data centre; failures of network equipment, computers or their software; technical problems at Internet transit nodes; and other failures of data transmission networks outside the parties’ control, without limitation.