Public offer
A public offer guarantees the openness of our company; here you can see your rights and our responsibilities.
The information below is an official offer (offer) to any legal entity or individual to conclude a contract for subscription services with SIData In order to conclude the specified contract, it is not at all necessary to come to the office of our company, negotiate, fill out a bunch of papers. To conclude an agreement, it is enough just to familiarize yourself with this information and the text of the agreement below. The specified contract is public, i.e. according to Article 633 of the Civil Code of Ukraine, its conditions are the same for all consumers.
If you agree with its terms, you can pay for the services. In this case, the contract will be considered concluded, and SIData will assume the obligation to provide the services specified in the contract. Citizens can pay through any branch of a commercial bank.
In accordance with the Civil Code of Ukraine, in case of acceptance of the conditions set forth in this Offer and payment for services, the individual or legal entity that accepts this Offer becomes the CUSTOMER (the acceptance of the Offer is equivalent to the conclusion of the Agreement on the terms set forth in the Offer).
In the future, if you need it, you will be able to receive a documented contract with the signatures and seal of the Contractor at a convenient time for you.
The individual entrepreneur Svergun T. A., hereinafter referred to as the Contractor, on the one hand, and the Customer, on the other hand, have entered into this agreement on the following:
1. THE SUBJECT OF THE AGREEMENT
1.1. According to the terms of this Agreement, the Contractor undertakes to provide the Services in the manner and on the terms provided for in this Agreement, and the Customer undertakes to accept and pay for the services rendered.
1.2. This agreement is in the nature of a public offer and is equivalent to an “oral agreement” and, in accordance with the current legislation of Ukraine, has due legal force.
2. GENERAL PROVISIONS
2.1. The Services mean the provision to the Customer of:
2.1.1. A unique name (hereinafter referred to as the login) and a password that allows you to manage the services on the Contractor's website, this information is sent to the contact email address (e-mail) of the Customer after the registration and payment procedure has been completed. The contact e-mail address is the address specified by the Customer during the registration procedure;
2.1.2. the ability to place information on the Contractor's servers within the quota provided for by the tariff plan.
2.1.3. Registration of domain names and their support on the primary and secondary DNS name servers, if such a service is ordered on the official website of the Contractor;
2.1.4. Possibilities of organizing e-mail names with the amount of information stored at any given time within the quota provided by the tariff plan.
2.1.5. Addressing capabilities of the hosted resource.
2.1.6. necessary to use the Advice Service by e-mail or telephone.
2.2. The customer agrees to the storage and processing of personal data in order to ensure the implementation of relationships in the field of informatization.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. RESPONSIBILITIES OF THE CONTRACTOR
3.1.1. Provide the Customer with Services in accordance with the amount of the subscription fee paid in the manner prescribed by Section 4 of this Agreement.
3.1.2. Register the Customer's account and send him the name (login) and access password via e-mail.
3.1.3. Maintain the confidentiality of the Customer's information received from him during registration, as well as the content of private e-mail messages, except as provided by the current legislation of Ukraine.
3.1.4. Publish official messages related to servicing Customers and changing payment rates on the Contractor's website, as well as send them to Customers by e-mail.
3.2. OBLIGATIONS OF THE CUSTOMER
3.2.1. To possess the minimum amount of skills and knowledge necessary for independent use of the Service.
3.2.2. Provide reliable information during registration and conclusion of the Agreement.
3.2.3. Upon request, provide the Contractor with scanned copies of the completed application and passport (page 1.2 and registration). The application in this Agreement means a hand-filled and signed appeal to the Contractor, the requirement to complete which is put forward in cases determined by the Contractor and brought to the attention of the Customer using e-mails and instructions on the Contractor's website. The form of such an application is available for download by the Customer in his personal account, on the Contractor's website, or can be written by the Customer in any form.
3.2.4. Timely provide the Contractor with information about changes in information, such as contact email address, phone number, and postal address (for sending documents - if you wish to sign the contract later).
3.2.5. When contacting the Contractor's technical support service, use the contact email address (the address specified when ordering the service) and provide your username, first and last name, and, if necessary, use other methods to confirm your access rights.
3.2.6. Maintain the confidentiality of your username and password.
3.2.7. Pay for the Services in accordance with the service tariff plan and in compliance with the terms of section 4 of this Agreement. The Customer undertakes to independently familiarize himself with the information about the terms of service and tariffs on the Contractor's website.
3.2.8. In case of disagreement with the changes in the text of this agreement, the Customer is obliged to notify the Contractor about this within ten days from the date of receipt of the notice of changes.
3.2.9. Keep bank financial documents (payment orders, receipts, checks) confirming the payment for the Services.
4. PRICES AND PAYMENT PROCEDURE
4.1. The Customer accepts the Offer and concludes the Agreement by pre-payment for the Services of the Contractor, in accordance with the terms of this Agreement. Prepayment for the services of the Contractor means the consent of the Customer with all the terms of this agreement.
4.2. The cost of work under this contract at the time of its conclusion is determined in accordance with the current conditions published on the Contractor's website.
4.3. Payments are made according to the tariffs published on the Contractor's website.
4.4. The Contractor has the right to unilaterally revise the prices for the Services, change the service rates, introduce new tariff plans. The Contractor notifies the Customer about the introduction of new prices or other changes by posting on its website, as well as by e-mail. In the event of an advance payment for the provision of services in accordance with this Agreement, the new prices for the Services shall enter into force for the Customer after the expiration of the period for which the advance payment has been made.
4.5. Services are provided subject to payment in accordance with the selected tariff plan, upon receipt of payment to the account of the Contractor.
4.6. Payment for the Services is made by non-cash payments to the bank account of the Contractor, which is specified in section 10 of this Agreement.
4.6.1. When paying through a bank, the Customer is obliged to indicate the purpose of the payment in the payment document. The Contractor has the right not to provide services if the purpose of the payment is not indicated in the payment document.
4.6.2. The Customer receives an invoice for payment for services from the Contractor to the e-mail address and pays within 10 days, indicating when paying for the service for which the payment is made.
4.6.3. The Contractor provides the Customer with an invoice for the renewal of services by e-mail specified during registration. The invoice must be paid no later than 3 days from the end of the term for the provision of services.
4.6.4. The Customer is obliged to inform the Contractor by e-mail of the date, amount of payment, and for which service the payment was made.
4.6.5. In case of late payment or late notification of the Contractor about the payment made, the Contractor has the right to terminate the provision of services.
4.7. The customer is solely responsible for the correctness of payments made by him. When changing the bank details of the Contractor, from the moment the new details are published on the Contractor's website and notified by e-mail, the Customer bears all the negative consequences for payments made using outdated details.
4.8. The day of payment is the day when funds are credited to the account of the Contractor.
4.9. In case of suspension of the provision of services due to non-payment, their renewal takes place during the business day following the day of payment.
4.9.1 If the customer does not pay for the services within 30 days from the date of their completion, the restoration of services may be impossible. If the restoration of services is possible, it occurs for an additional fee set by the Contractor.
5. SPECIAL CONDITIONS AND RESPONSIBILITIES OF THE PARTIES
5.1. The Contractor does not guarantee absolute continuity and does not guarantee that the proposed software or any other materials do not contain system errors. The Contractor takes all reasonable efforts and measures to prevent service interruptions or violations of its quality.
5.2. The Contractor is not liable for direct or indirect damage caused to the Customer as a result of the use or inability to use the Services or incurred as a result of errors, omissions, interruptions in work, deletion of files, defects, delays in work or data transmission, or changes in functions and other reasons. The Contractor does not guarantee the acceptance of the Customer's mail from remote networks, the operation of which led to the entry of the address of such a network into the lists according to which the Contractor's mail delivery program does not receive mail.
5.3. The Contractor is not responsible for the quality of the communication channels through which the Services are accessed.
5.4. The Customer assumes full responsibility and risks associated with the use of the Internet through the Services, including responsibility for evaluating the accuracy, completeness and usefulness of any opinions, ideas, other information, as well as the quality and properties of goods and services distributed on the Internet and provided to the Customer through the Services.
5.5. The customer is fully responsible for the safety of his password and for losses that may arise due to its unauthorized use. Upon the theft of the login and password, which occurred through the fault of third parties, the Customer must send an application to the Contractor to change the password, with the obligatory attachment to the application of the relevant financial document confirming the payment for the Services. The Contractor is not responsible for the actions of third parties that caused the theft, and in order to compensate for losses as a result of theft, the Customer must contact the relevant law enforcement agencies.
5.6. The Contractor is not responsible for notifying any third parties about depriving the Customer of access to the service and for the possible consequences resulting from the absence of such a warning.
5.7. The Contractor is not a defendant or co-defendant for any obligations and expenses related to the violation of the provisions of the Agreement by the Customer or other persons using the Customer's username and password, or who have gained access to editing the Customer's information by hacking; or related to the use of the Internet through the Services; or related to the placement or transmission of any message, information, software or other materials on the Internet by the Customer or other persons using his login and password.
5.8. The Contractor is not responsible for the untimely receipt by the Customer of the Contractor's notifications sent by e-mail. The letter is considered received by the Customer on the day it is sent by the Contractor.
5.9. The Contractor, the Administrators of the Registry of Public Domains and the Operators of the Registry of Public Domains, in which domains are registered in accordance with this Agreement, shall not be liable for the consequences of the use or misuse of domain names by the Customer, including to third parties, as well as in case of violation by the Customer of any rights third parties.
5.10 During the period of delegation of a domain name in the .UA zone to the Customer, under this agreement, the Contractor adheres to the Uniform Domain Name Dispute Resolution Policy (.UA Domain Name Dispute Resolution Policy), the Rules of the Uniform Domain Name Dispute Resolution Policy in the .UA zone. UA(Rules for .UA Domain Name Dispute Resolution Policy) and the World Intellectual Property Organization Supplemental Rules for .UA Domain Name Dispute Resolution Policy, which are published link: https://hostmaster.ua/policy/ua-drp
Namely:
5.10.1 Provide the requested information to the Center for Arbitration and Mediation of the International Intellectual Property Organization, including confirmation that the disputed domain name is registered by the Contractor in the interests of the Customer, that the domain name is registered by an individual or legal entity by the indicated respondent in the complaint, provide contact details of the registrant of the disputed domain name. If necessary, provide an agreement on registration and maintenance of a domain name, as well as other documents.
5.10.2 Do not change the registrant and / or registrar of the disputed domain during the consideration of the complaint.
5.10.3 Execute decisions of the Administrative Commission of the Center for Arbitration and Mediation of the International Intellectual Property Organization, namely: change of the registrant or registrar of the disputed domain or its complete removal if one of those is issued.
5.11 During the period of delegation of a domain name in the .UA zone under this agreement, the Customer undertakes to adhere to the Uniform Domain Name Dispute Resolution Policy (.UA Domain Name Dispute Resolution Policy), the Rules of the Uniform Domain Name Dispute Resolution Policy in the zone. UA(Rules for .UA Domain Name Dispute Resolution Policy) and the World Intellectual Property Organization Supplemental Rules for .UA Domain Name Dispute Resolution Policy, which are published link: https://hostmaster.ua/policy/ua-drp
5.12. When the Customer indicates in the application for registration or redelegation of the domain in administrative, technical, financial contacts the domain of personal data of third parties, the Customer guarantees that such personal data is indicated with the consent of the owners of personal data in compliance with the current standards for the protection of personal data established by the current legislation of Ukraine and / or General Data Protection Regulation (GDPR) without violating the rights of third parties. The customer undertakes to independently notify the subjects of personal data, notify them of the content, purposes and volumes of personal data collection, as well as the persons / organizations to which they are transferred.
6. PROCEDURE FOR CONSIDERATION OF CLAIMS AND DISPUTES
6.1. Claims of the Customer for the Services provided are accepted by the Contractor for consideration only in written (electronic) form. The term for consideration of the Customer's claims should not exceed 14 (fourteen) working days.
6.2. Consideration of claims against the Contractor related to the provision of the Services is carried out upon presentation by the Customer of the relevant financial documents confirming the payment for the Services.
6.3. To resolve technical issues in determining the fault of the Customer as a result of his illegal actions when using the Internet, the Contractor has the right to independently engage competent organizations as experts.
6.4. The Parties will negotiate through negotiations any disputes, disagreements or claims that may arise in relation to this agreement or in connection with it.
6.5. If the parties fail to reach an agreement on controversial issues through negotiations, these issues are subject to judicial review in accordance with the jurisdiction established by the legislation of Ukraine.
7. TIME OF CONCLUSION OF THE AGREEMENT. ITS TERM. PROCEDURE FOR AMENDMENT AND TERMINATION
7.1. The Agreement is considered concluded and enters into force from the moment the payment for the Services is made in the amount and in the manner established by this Agreement.
7.2. The Agreement is concluded for an indefinite period and is valid for the specified period, subject to timely and full payment by the Customer for the services of the Contractor.
7.3. The Contractor has the right to change the terms of this Agreement unilaterally by notifying the Customer by e-mail. These changes to the agreement come into force ten days after they are published on the Contractor's website, unless the Customer has sent his reasoned objections to the change in the terms of the agreement. In this case, the amendments to the Agreement shall enter into force after the settlement of the disputed points by the parties.
7.4. If it is impossible to resolve disputes related to changes in the terms of this Agreement, the Contractor has the right to withdraw from the Agreement and terminate the provision of the Services.
7.5. The Customer has the right to unilaterally refuse the Services of the Contractor at any time.
7.6. In case of early termination of this Agreement at the initiative of the Customer, the balance of funds on the Customer's personal account is non-refundable. The Contractor has the right to offer the Customer other services for the remaining unused amount.
8. CONSENT TO PROCESSING OF PERSONAL DATA
8.1. In order to comply with the requirements of the Law of Ukraine "On the Protection of Personal Data" No. 2297-VI dated 06/01/2010, the Customer agrees to the processing of the Customer's personal data by the Contractor.
8.2. The Contractor processes personal data by performing actions (operations) with personal data, which include: collection, systematization, accumulation, storage, clarification (update, change), use, distribution, depersonalization, blocking, destruction of personal data. The purpose of the use of personal data and their subsequent processing is the receipt by the Customer of the services provided by the Contractor.
8.3. The Contractor undertakes to process the personal data of the Customer in strict accordance with the legislation of Ukraine on the protection of personal data.
8.4. The Customer agrees that the Contractor has the right to depersonalize his personal data in order to transfer it to other subjects of the domain name registration market. The Customer also agrees that the Contractor has the right to transfer his data to other subjects of the domain name registration market in an anonymized form.
8.5. With this consent, the Customer instructs the Contractor, as the Registrar, to publish his personal data in the databases of the relevant services in the public domain on the Internet, necessary for the operation of services, services, domains.
8.6. Withdrawal of consent to the processing of personal data can be carried out by sending the Customer the appropriate order in a simple written form to the address of the Contractor. At the same time, the Customer agrees that such a withdrawal may entail the following consequences:
— refusal by the Contractor to provide services due to the impossibility of their implementation without the specified data;
— deletion of a domain name, if it is impossible to maintain it without the Contractor having such data.
8.7. The Customer agrees that his personal data may be transferred to another Registrar or Public Domain Administrator, if the operation performed requires identification of the Customer as the owner of the domain name.
8.8. The rights of the Customer in relation to his personal data are defined in Art. 8 of the Law of Ukraine "On the Protection of Personal Data".
9. FINAL PROVISIONS
9.1. On all issues not regulated by this agreement, the Parties are guided by the current legislation of Ukraine.
9.2. The appendices to this agreement are: Appendix 1 – Rules for using the Internet, Appendix 2 – List of prohibited materials when providing services.
10. SIData details
Services that are provided under the SIData trademark can be provided by several individuals, entrepreneurs or legal entities. Below is the data of counterparties from which invoices and service contracts are issued:
__________________________________________
__________________________________________
__________________________________________
__________________________________________
Annex 1 to the Agreement
NETWORK REGULATIONS
The Internet is a global association of computer networks and information resources belonging to many different people and organizations. This association is decentralized, and a single universally binding set of rules (laws) for using the Internet has not been established. There are, however, generally accepted rules for working on the Internet, aimed at ensuring that the activities of each user of the network do not interfere with the work of other users. The fundamental position of these norms is as follows: the rules for the use of any Internet resources (from a mailbox to a communication channel) are determined by the owners of these resources and only by them.
This document describes the generally accepted rules for working on the Internet, the observance of which is mandatory for all users. These rules apply to the use of the resources of the Network. Hereinafter, the word Network denotes the Internet and other networks accessible from it.
1. Restrictions on information noise (spam).
The development of the Web has led to the fact that one of the main problems of users has become an excess of information. Therefore, the network community has developed special rules aimed at protecting the user from unnecessary / unsolicited information (spam). In particular, the following are not allowed:
1.1. Bulk mailing of previously unapproved e-mails. Bulk mailing refers to both mailing to multiple recipients and multiple mailings to one recipient. Hereinafter, e-mails are understood as e-mail messages, teleconferences, Internet pagers, forums and other similar means of personal information exchange.
1.2. Unsolicited distribution of emails longer than one page or containing attachments.
1.3. Unsolicited distribution of emails of an advertising, commercial or promotional nature, as well as letters containing rude and offensive language and suggestions.
1.4. Posting to any Usenet conference or other conference, forum, or electronic mailing list articles that do not correspond to the topics of this conference or mailing list. Hereinafter, a conference refers to Usenet teleconferences (newsgroups) and other conferences, forums, and electronic mailing lists.
1.5. Posting advertising, commercial or promotional messages in any conference, except when such messages are expressly permitted by the rules of such a conference or their placement was agreed with the owners or administrators of such a conference in advance.
1.6. Placement in any conference of an article containing attached files, except when attachments are expressly allowed by the rules of such a conference, or such placement was agreed with the owners or administrators of such a conference in advance.
1.7. Distribution of information to recipients who have previously expressed a clear unwillingness to receive this information.
1.8. Use of own or provided information resources (mailboxes, e-mail addresses, WWW pages, etc.) as contact coordinates when performing any of the above actions, regardless of from which point of the Network these actions were performed.
2. Prohibition of unauthorized access and network attacks.
2.1. It is not allowed to attempt unauthorized access to Network resources, conduct or participate in network attacks and network hacking, except in cases where an attack on a network resource is carried out with the explicit permission of the owner or administrator of this resource. Including prohibited:
2.1.1. Actions aimed at disrupting the normal functioning of the Network elements (computers, other equipment or software) that do not belong to the user.
2.1.2. Actions aimed at obtaining unauthorized access, including privileged access, to a Network resource (computer, other equipment or information resource), the subsequent use of such access, as well as the destruction or modification of software or data that does not belong to the user, without the consent of the owners of this software or data, or by the administrators of this information resource.
2.1.3. Transferring meaningless or useless information to computers or equipment of the Network, creating a parasitic load on these computers or equipment, as well as intermediate sections of the network, in volumes exceeding the minimum necessary to check the connectivity of networks and the availability of its individual elements.
3. Compliance with the rules set by the resource owners.
3.1. In addition to the above, the owner of any information or technical resource of the Network can set its own rules for its use for this resource.
3.2. Rules for the use of resources or a link to them are published by the owners or administrators of these resources at the point of connection to such resources and are binding on all users of these resources.
3.3. The user is obliged to comply with the rules for using the resource or immediately refuse to use it.
4. Inadmissibility of falsification.
4.1. A significant part of the Web resources does not require user identification and allows anonymous use. However, in some cases, the user is required to provide information that identifies him and the means of access to the Network he uses. In this case, the user is prohibited from:
4.1.1. Use of identification data (names, addresses, phone numbers, etc.) of third parties, unless these persons have authorized the user to use such. At the same time, the user must take measures to prevent the use of the Network resources by third parties on his behalf (ensure the safety of passwords and other authorized access codes).
4.1.2. Falsifying your IP address, as well as addresses used in other network protocols, when transmitting data to the Network.
4.1.3. Using non-existent return addresses when sending emails.
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