- General provisions
1.1. This public offer is the equivalent of an “oral agreement” on the provision of services by the individual entrepreneur Kirichenko D.G., hereinafter referred to as the Contractor, to any individual or legal entity, and in accordance with the current legislation of Ukraine has due legal force.
1.2. This contract regulates the relationship between the Contractor and the client of the company (hereinafter the Client). This contract does not require a signature.
1.3. Registration in the billing system of the Contractor means the automatic consent of the Customer to receive information emails and SMS messages, including offers of the Contractor’s services.
1.4 The Contractor’s services are provided to the Customer for the duration of the billing period. The billing period means the minimum possible number of calendar days for which the service is purchased. Payment for virtual server rent (VPS) and withdrawn servers shall be made proportionally.
1.5 When registering in the billing-system a Customer’s account is created (hereinafter referred to as Account).
1.6. Credit balance – is funds on the balance of Account which are not used for payment for services.
1.7 By registering in the billing panel, the Client confirms his/her consent to receive the newsletter, no more than once a month.
- Legality of use
2.1. Использование услуг Компании должно осуществляться только в легальных целях и не нарушать действующее законодательство Украины, ЕС, США, а также международные законодательные акты.
2.1 Use of the Contractor’s services should be carried out only for legal purposes and not to violate the current legislation of Ukraine, EU, USA and international legislative acts.
2.2 When using the Contractor’s services it is prohibited:
– to publish information in violation of copyrights of third parties,
– use the Accounts as a storage for backup copies of sites and/or databases.
– Use the Contractor servers as proxies or anonymizers.
2.3. not allowed for posting materials:
– financial pyramids, online casinos, advertising of financial pyramids, bookmaker sites, lotteries, sites with gambling;
– pirate archives of movies, music, books, TV and computer programs, games (even if the physical location of these files is placed on other servers);
– torrent trackers, resources for distribution of crack, warez;
– Materials and goods that encourage illegal activities or sell information that has been obtained illegally and materials that incite others to engage in illegal activities;
– sites promoting smoking mixtures, tobacco products, narcotics and marijuana seeds or sites that advertise such activities;
– materials for the agitation of political parties or political propaganda;
– material promoting violence, fascism, communism, extremism, terrorism, nationalism, chauvinism, racial hatred and/or proclaiming one particular race, nationality or gender to be superior;
– pornography, sexually oriented content, “adult merchandise”, webcam sites, escort service sites;
– game sites, game servers regardless of the genres and types of gaming activities;
– phishing sites;
– spamming services or scripts;
– services or scripts for network scans;
– services for distributing malicious software, malicious shells or various scripts that perform some action without the user’s knowledge;
– Services or scripts for password recovery, parsers, indexers and crackers (for scanning and getting information from other sites).
2.4 It is prohibited to place or allow viruses and malicious scripts on the Account.
2.4.1 In case of their detection, the Contractor notifies the Client and provides a list of infected files for cleaning of the Account.
If the Client fails to take appropriate measures within the provided time, the Contractor has the right to fully or partially limit the provision of the service.
2.4.2 The Client is fully responsible for actions performed in his Account, including cases of infection by malicious scripts and dangerous software.
2.5 Bulk mailing of unsolicited emails (SPAM) is prohibited. If SPAM is detected, the Client’s account is blocked.
2.5.1 Mailing of letters in amount exceeding 500 messages per hour without coordination with the department of technical support is forbidden;
2.5.2 In case if due to the fault of the Client the IP address, which belongs to the Contractor, gets into the black list, the Client’s Account is blocked immediately.
2.5.3 In case of mass mailing to the non-existent addresses the Client’s Account can be temporarily limited or completely blocked.
2.6 The Client is obliged to independently monitor and be fully responsible for the content of the resources placed on the Contractor’s servers. If the content of the Internet resource contradicts the current legislation of Ukraine, EU and USA, the Contractor reserves the right to block the resource until clarification of circumstances.
2.7 The Contractor also has the right to block or limit access to the Internet resource if the software of the specified resource can lead or leads to infringement of functionality of the software and hardware complex of the Contractor and can lead to failures in work of security system of the complex.
2.8 The Client shall not knowingly or unknowingly use the Contractor’s services to run software that may affect the functioning of the server or to illegally gain access to information about or belonging to third parties.
2.9. Any violation of clauses 2.1. to 2.8. shall lead to the immediate shutdown of the Account pending final clarification of the circumstances of the situation.
2.9.1 Further violations of this Agreement shall lead to an immediate account deactivation. No refund in case of blocking or deletion of the Account for violation of the Agreement in force.
2.10. For each hosting account in the system the amount of RAM and permissible CPU load are allocated in accordance with the tariff plan.
2.10.1 If the above-mentioned limits are exceeded, the account will be temporarily blocked to maintain the stability of the server, and you will see the error “Error Resource Limit is Reached” in your browser.
2.10.2 The Contractor has the right to unilaterally change the restrictions, provided by tariff plans, to improve the system as a whole and improve the quality of services provided.
2.11. The Client has a right to install and use any software on his VPS or dedicated server, provided that it is legal and does not violate copyrights and related rights, as well as the applicable legislation (depending on the hosting country).
2.12. In case of complaints (abuse) about the Customer’s services, depending on the nature of the violation, the Contractor reserves the right to apply one of the following measures to the Customer:
- provide up to 24 hours to correct the violation without suspend services;
- Suspend services until the violation is corrected;
- disconnect services without refund of unused funds.
In some cases, the client additionally pays a monetary penalty, if his actions directly or indirectly led to losses of the Contractor.
2.13. After the first received complaint (abuse), the Contractor employees have the right to request a photocopy (scanned pages) of the documents confirming the Customer’s identity.
2.14. The Customer is obliged to respond to the complaint within the stipulated period. Otherwise, the service is suspended and all of the Customer’s information is deleted. The Contractor reserves the right to cancel the service for which the complaint was received.
2.15. Due to the increasing number of cases of ordering our services for illegal purposes (spam, etc.), we are forced to carry out identification of customers. This procedure will be selectively applied to new customers. For identification, we require a scan/photocopy of passport (spread with photo and registration) and a phone number in international format. Passport series and number are allowed to be concealed.
3.1 All services are provided only on a 100% prepayment basis. A test period is not provided.
3.2 All payments are made only through the issued invoice in the automatic billing interface, with the help of payment systems LiqPay, Interkassa, or others available at the time of payment.
3.3 The services of the Contractor shall be paid by the Customer from the billing panel by himself, except for the cases of manual payments agreed upon in advance.
3.4 Issued bills must be paid within 7 days (in some cases before the date indicated in the bill) in full, otherwise the service will be blocked and canceled without possibility of recovery. Failure to pay on time may result in the suspension of all services to the Client. When the account becomes overdue, all discounts from such account are deleted.
3.5 Service MoneyBack (refund on cancellation of the service) is available only for the service “Shared hosting”.
3.5.1 MoneyBack is refundable only for the prepaid billing period, not later than 14 days from the date of service activation. Refunds are made at the prior request of the Customer in full, minus the commission of the payment system.
3.5.2 The Contractor has the right to refuse a refund if the Client has not “motivated” its reason (for example: Customer decided to refuse the paid hosting-tariff without good reason).
3.5.3 Refunds are made only for the first time ordered services. That is, if you have once ordered a service and issued a refund, then the second order refund will not be possible.
3.6 The MoneyBack service does not apply to any other services of the Contractor.
3.7 Money in the account balance can be used for any services of the Contractor. The return of credit funds is carried out on request in full, minus the payment system commission.
3.8 If the Client makes an erroneous transfer and applies in this regard through the ticket system within 5 working days, the Contractor returns all funds, minus the commission, which is charged by the payment system for the transfer.
3.9 The amount of material responsibility of the Contractor cannot exceed the amount used by the Client to pay for the service provided for one calendar month.
3.10. Under no circumstances shall the Contractor be financially or otherwise liable to the Client for possible losses, such as: loss of profit, income, possible savings, business reputation and other.
3.11. Prices for services are not static and can change depending on the euro-dollar cross-rate, or other circumstances.
3.12. The Contractor reserves the right to index the prices of the services without prior notice to the Client.
3.13. If the provision of services is suspended due to the Client’s fault, the funds for the unused period shall not be refunded. Funds are not refunded if the Customer breaches the clauses of the Public offer agreement.
3.14. In case the Customer violates the clauses of the Public offer agreement, the existing discounts shall be cancelled.
- Technical support
4.1 Technical support is provided exclusively through the ticket system. Other means of communication are intended solely for the exchange of information of a general nature (pre-sales questions).
4.2 Guaranteed response time to the request sent through the ticket-system – 12 hours.
4.3 System administration, solving problems with OS, software and scripts, as well as monitoring VPS and dedicated servers is performed by the Client.
4.4 The Contractor provides system administration services only if they are paid for on a subscription or one-time basis.
4.5 Monthly subscriptions for administration, if not used for the next month, are not transferred and funds for them are not refunded.
4.6 All system administration works are performed without guarantee of further functionality after the transfer of access to the server to the Client.
4.7 By purchasing a license for the software, for example, OS Windows or control panels Cpanel and Directadmin, you get to use the software product for the entire term of the license. Technical support is not included in the license price and is provided by the producer of the software on its user support resources.
4.8 Creating tickets and sending e-mails containing threats, obscene language, insults, boorish treatment of the Contractor’s employees, as well as failure to comply with the ethics of business communication (familiaristic treatment with negative content, switching to the person when communicating with employees of the Contractor) are considered spam and are not processed.
- Rights and obligations of the Contractor
5.1 The Contractor is not responsible for interruptions and failures occurring due to the fault or omission of third parties.
5.2 The Contractor is not responsible for the quality of communication channels organized by telecom operators and channel providers.
5.3 The Contractor has the right to refuse to provide services to the Client in case it entails deterioration of the quality of services provided to other Clients.
5.4 The Contractor shall not be liable for damages caused to Clients through no fault of “CloverHost”.
5.5 The Contractor is not responsible for damages caused by the temporary unavailability of services due to technical problems (such as server and software improvement, hacker attacks, data center problems, routing, etc.).
5.6 The Contractor is not responsible for losses, caused by force majeure circumstances.
5.7 The Contractor doesn’t guarantee uptime 100%, but strives for it.
5.8 The Contractor can refuse to provide the services without giving any reasons.
5.9 The services of the Contractor are provided “as is”, the Contractor reserves the right to revise the terms of services, including pricing policy and tariff characteristics at any time, without prior notice and unilaterally. New terms come into force at the moment of publication on the Contractor’s website.
5.10. The Contractor is not responsible for the inability to access the services due to the fault of third parties (for example, Internet providers).
5.11. The Contractor reserves the right to stop the services for scheduled maintenance, due to DDOS or other network attacks, as a result of natural disasters and other force majeure circumstances.
5.12. The Contractor is not responsible for the operation of third-party software on the servers of the Contractor, including software purchased through the billing system of the Contractor (control panels, operating system, etc.)
- Client’s rights and obligations
6.1 The client is obliged to independently monitor the final date of payment of invoices for the ordered services. An overdue invoice is considered a request for immediate termination of the service without the possibility of its restoration in the former form.
6.2 The client has the right to receive those services that are available and for which the payment deadline has not yet expired.
6.3 When using a VPS or a dedicated server the Customer has root access (unless otherwise agreed) to the server and the Customer bears all responsibility related to it.
6.4 The Customer shall have a right to install and use any software on his VPS or a dedicated server if it is legal and does not violate copyrights and related rights, as well as the applicable norms of legislation (depending on the country of location).
6.5 The Client shall monitor the compliance of all posted materials (including links to them), used software, content placed on the server, and be responsible for its compliance with the laws of copyright and related rights and the norms of current legislation (depending on the country of posting).
6.6. The Client is entirely responsible for his public statements and actions against the Contractor. In case any claims and/or accusations are unprovable, the Contractor reserves the right to refuse service to the Client.
6.7 Unauthorized connection of additional IP addresses not allocated to the server is categorically forbidden. The material responsibility of the Customer in this case is 100 USD.
6.8 The Customer has the right to control all traffic generated by his VPS or a dedicated server. In this case, the only correct traffic statistics is the one obtained with the help of the Contractor’s hardware and hardware complex and the Data Center.
6.9 Monitoring of the amount of consumed traffic is made by the Client independently. If necessary, the Client may request the Contractor’s statistics on the traffic consumed based on the readings of the Contractor’s hardware and equipment complex and the Data Center.
6.10. Increased load on the Network and / or host machines of the Contractor is the reason for blocking the server without refund.
- Rules of saving unpaid accounts data
7.1 Shared hosting accounts are stored on the servers for no more than 30 days from the end of the paid period.
7.2 VPS and dedicated servers are guaranteed to remain for the client for two days from the end of the payment, then sent to clean the disks and rebuild.
8.1. During the entire term of service and three (3) years after the termination of cooperation, all information communicated by the Parties to each other (in mail correspondence, during communication through the ticket system, by phone, icq or using any other means of communication) shall be confidential and may not be disclosed to third parties without prior consent of the other Party.
- Protection of personal data
9.1 The Contractor has the right to collect and use information about Clients. The information through which the Client can be identified may include name, surname, address, phone number and e-mail address.
9.2 Each Client, using his e-mail address and password, has the right to access his Client profile online, where he can correct and update his personal data.
9.3 The Contractor takes appropriate efforts and is responsible for the protection of the Client’s information, except in cases of force majeure, accidental event or malicious actions of third parties, as well as in cases where the Client himself/herself has made this information available to third parties.
9.4 When placing each order, by expressing consent to this Agreement, the Client agrees that the information about him/her will be processed in an appropriate way.
9.5 The Contractor collects and uses information according to clause 8.1 for the purposes specified in this Agreement, including for offering new services to Clients, for promotions, questionnaires, for statistical and any other purposes, while by registering to use the Services, the Client agrees to receive trade messages sent by the Contractor.
9.6 By accepting these Terms, the Client agrees with processing of his personal data for direct marketing purposes. The Client has the right to express disagreement with processing of his personal data for direct marketing purposes by turning off this option in the Personal Office or by clicking on the link refusing marketing services.
9.7 The Contractor undertakes not to edit or disclose any personal information about the Client and the services used by him and not to provide the collected information to third parties – state bodies, trading companies, natural persons and others, except in cases provided by law.
9.8 When using “Cloverhost” site, the Contractor has the right to automatically save certain information, which the Client’s computer or other edge device sent to the Provider’s server in connection with the Client’s activity. The information is stored in log files on the Contractor’s servers and may include the Client’s IP address, the date and hour when the corresponding page of the site was visited, the duration of the visit there, and so on. In addition, the Contractor saves the Client’s IP address, as well as any information necessary to identify the Client.
9.9 The Contractor has a right, but not an obligation, to install on the Client’s computer or other Client’s terminal device cookies – small text files stored on the Client’s hard disk by the server on the Internet page that enable the Contractor to restore information about the Client, identifying him/her, and tracing his/her activities.
- Dispute Resolution Procedure
10.1 Disputes and disagreements between the Parties shall be resolved pre-trial in accordance with applicable EU law.
10.2 If the Parties cannot independently reach a solution to the problem, they stop cooperation.
11.1 The client undertakes to specify in a profile on the Contractor site the correct personal data and to keep them up to date.
11.2 The Contractor has the right to request verification of the Client’s phone number by sending sms or a voice call with a verification code.
11.3 If there are reasonable doubts about the correctness or completeness of the provided data of the Client, the Contractor has the right to request a document confirming the Client’s identity.
11.4 The Contractor has the right to refuse to provide services, including previously activated ones, if the Client refuses to provide correct personal data, refuses to be verified by phone or to provide a document confirming the identity.
11.5 The Client is given 72 hours to provide correct personal data and its verification. After the given period, the Contractor shall have the right to suspend the Services until the Customer resolves the issue. The Contractor shall not compensate for the period of suspension of the Services or change the period of validity of the Services.
- Force Majeure
12.1 The parties shall be released from liability for full or partial non-fulfillment of the clauses of this contract if the non-fulfillment was caused by force majeure circumstances such as: epidemics, natural disasters, war or armed conflicts, military actions, explosions, fires and other extraordinary circumstances.
This offer may be changed unilaterally by the Contractor at any time without further notice.
Edition dated 02.10.2018.