Offer agreement for the provision of rental services for VPS - VDS servers.
Delta LLC (hereinafter referred to as the “Contractor”), represented by Alexander Mikhailovich Belov, acting on the basis of the Charter, publishes this agreement for the provision of hosting services, which is a public offer agreement (proposal) in accordance with clause 2 of Art. 437 of the Civil Code of the Russian Federation to any individual or legal entity, hereinafter referred to as the “Customer”.
Acceptance – full and unconditional acceptance of the terms of this offer – is considered to be the Customer’s registration in the Contractor’s Automated Payment System (ASP) (https://vps.datacheap.ru).
1. Subject of the Agreement
1.1. Under this Agreement, the Contractor provides the Customer with services for the provision of computing power and disk space to accommodate mailboxes, databases, software and other information of the Customer (hereinafter referred to as the Web-system) to the extent and on the terms provided for in this Agreement, and also provides other services to the Customer, and the Customer accepts and pays for these services.
1.2. The Customer's Web system is hosted on the Contractor's own Server. The cost of services under this Agreement is determined by the Client’s tariff plan, selected by the customer in the personal account of the Contractor’s Automated Payment System (ASP) (https://vps.datacheap.ru).
2. Rights and obligations of the Parties
2.1. The Contractor undertakes:
2.1.1. Provide the Customer with its computing power and other equipment (hereinafter referred to as the Server) for hosting the Customer’s Web systems.
2.1.2. Ensure round-the-clock operation of the Server to provide access to the Customer’s Web systems (except for the cases provided for in clause 2.2.1).
2.1.3. Do not disclose the Customer’s personal data, as well as any other confidential information stored (transmitted) on the Contractor’s Server, except in cases provided for by the legislation of the Russian Federation.
2.1.4. Provide round-the-clock technical and information support to the Customer through consultations by e-mail (firstname.lastname@example.org) or upon requests in the Contractor's Automated Payment System (ACP) (https://vps.datacheap.ru).
2.2. The performer has the right:
2.2.1. Suspend the provision of services to carry out the necessary scheduled maintenance and repair work on the Contractor's Server.
2.2.2. Check the content of the Customer's Web system for the presence of information prohibited by Russian legislation and recommend that the Customer delete such information. Block access to the Customer's Web systems if the Customer does not respond to the Contractor's recommendations to remove unwanted information, if obvious violations of the laws of the Russian Federation are detected, as well as contradictions to netiquette, the requirements of the legislation of the Russian Federation on the media.
2.2.3. In case of excessive (processor load more than 50% for 3 hours) use by the Customer of hardware and other resources of the Contractor's Server within the agreed tariff plan, the Contractor reserves the right to offer the Customer to switch to another tariff plan, and if the Customer refuses, to stop providing services with a refund unused funds.
2.2.4. If there is no payment within 15 days from the date of deactivation of the “Virtual Server” service, delete the disabled service.
2.2.5. If there is no payment within 5 days from the date of deactivation of the “Dedicated Server” service, delete the disabled service.
2.3. The customer undertakes:
2.3.1. Pay for the Contractor's services in accordance with the terms of this Agreement. Regularly familiarize yourself with the new edition of this Agreement and monitor changes in the cost of services provided by the Contractor and its payment details. The customer is solely responsible for payments made using outdated details.
2.3.2. When ordering a virtual server, provide upon request proof of the authenticity of the entered payer data in the Contractor's ACP (https://vps.datacheap.ru) to identify the client.
2.4. The customer has the right:
2.4.1. Change the list of requested services under the current Agreement.
2.4.2. Demand a refund from the Contractor in the cases provided for in clause 6.2. of this Agreement.
2.4.3. Require the Contractor to provide Services in accordance with the terms of this Agreement.
2.4.4. Place your Web systems on the Contractor's Server.
3. Cost of services and payment procedure
3.1 Tariff plans are indicated on the website http://datacheap.ru/services/arenda-oblachnih-resursov/ and https://datacheap.ru/services/arenda-serverov-dedicated/
3.2. Payment for services under this Agreement is made by the Customer in Russian currency by depositing funds into the current account in the form of an advance payment with a minimum period of services - one month.
3.3. The date of proper fulfillment of the Customer's obligations to pay for the Contractor's services will be considered the date of receipt of funds to the current account no later than the settlement date of each month.
3.4. The Contractor has the right to unilaterally review and change the cost of the Services, as well as introduce new tariff plans. The Contractor notifies the Customer about the introduction of new prices by publishing a message about this on the Contractor’s official website (http://datacheap.ru) or by sending a message to the Customer’s email. The effective date of the new Tariff plan is the date of its publication on the official website of the Contractor. In the event of a change in tariffs, previously paid payments for the new tariffs are not recalculated.
4. Responsibility of the Parties
4.1. For failure to fulfill or improper fulfillment of obligations under this agreement, the Contractor and the Customer are liable in accordance with current legislation.
4.2. The Contractor is not responsible for the content of information, data and materials of the Customer.
4.3. The Contractor is not responsible for the Customer's claims regarding the quality of access to the Customer's web systems.
4.4. For failure by the customer to fulfill the obligations specified in Chapter. 3 and 6 of this Agreement, the Contractor suspends further provision of services.
4.5. The Contractor is not responsible for the quality of public communication channels through which access to the Contractor's Services is provided.
4.6. The customer is responsible for the safety of his login and password, as well as for losses that may arise due to its unauthorized use. If the fact of unauthorized use of the login and password by third parties is detected, the Customer has the right to send to the Contractor an application to change the login and password. When submitting such an application, the Customer must necessarily attach to the application a copy of the financial document confirming payment for services, as well as copies of an identification document (for the Customer - an individual) or a certificate of registration (for the Customer - a legal entity).
4.7. The Contractor is not responsible for failure to notify any third parties about the Customer's deprivation of access to the Contractor's Server and for possible consequences arising from the absence of such notifications.
4.8. The Contractor is not a defendant or co-defendant for any claims related to violation of the provisions of the offer by the Customer or third parties using the Customer’s login and password; or associated with 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.
4.9. The Contractor is not responsible for direct or indirect damage caused to the Customer, as well as for lost profits of the Customer as a result of the use or inability to use the Services due to system errors, omissions, interruptions in work, deletion of files, defects, delays in work or data transfer, or changes in functions and other reasons.
5. Force majeure circumstances
5.1. The Contractor and the Customer are released from liability for partial or complete failure to fulfill obligations under the Agreement if it is caused by force majeure circumstances, namely: fire, flood, earthquake, war or other circumstances beyond the reasonable control of the parties, and if these circumstances directly affected execution of the contract. In this case, the fulfillment of obligations under the Agreement is postponed in proportion to the time during which such circumstances existed.
5.2. The party for which it is impossible to fulfill obligations under the contract must notify the other party within 15 days of the occurrence or cessation of circumstances that impede the fulfillment of obligations.
6. Other conditions
6.1. When using the Contractor's Server, the Customer undertakes not to carry out the following actions:
- aimed at restricting or preventing other users from accessing the Contractor’s Services, as well as attempting unauthorized access to the Contractor’s resources and other systems accessible via the Internet;
- distribution via the Internet of any information that contradicts the requirements of Russian legislation or international law. Mailing refers to both mass mailing of several emails to multiple recipients, and multiple mailing to one recipient, as well as the use of details (web pages, e-mail) of the Contractor for similar mailings made through another provider. Messages mean email messages, Skype, Telegram and other similar means of personal exchange of information;
- publishing or transmitting any information or software that contains computer viruses, malware or other components equivalent to them;
- aimed at sending, publishing, transmitting, reproducing, making available or in any way using information, software or other materials, in whole or in part, unless expressly authorized by the owner of such information, software or other products, subject to existence of a written request from the owner of such information to limit the listed actions;
- actions aimed at sending, publishing, transmitting, reproducing or distributing in any way software or other materials, in whole or in part, protected by copyright or other rights, without the permission of the owner, as well as sending, publishing, transmitting or distribute works created on its basis, subject to a written request from the owner of such rights to limit the listed actions;
- sending electronic messages of a commercial or other nature, not previously agreed (not requested) with its recipient;
- upload, publish, transmit, or otherwise make available to the public or other recipients of the Contractor’s services any information that contains threats, discredits or insults other users or third parties, is knowingly false, vulgar, obscene, fraudulent in nature, or infringes personal or public interests, promotes racial, religious, ethnic hatred or enmity, any other information that violates legally protected human and civil rights;
- placement of software (binary code, scripts, etc.) on the Contractor’s servers, acting as a server or an independent service;
- Placement of chats, proxies, email services, file sharing services, and torrent trackers on the Contractor’s servers.
6.2. The customer has the right to a refund within 7 (seven) working days after submitting an application for their return in the event of failure to provide services to him through the fault of the Contractor, and the cost of discounts, bonuses, gifts, as well as commissions of third parties are not refundable. Refunds are made by transferring funds to the bank account of the Russian Federation. To do this, the customer must provide account details and an application for the return of unspent funds.
6.3. The Contractor does not guarantee absolute uninterrupted or error-free provision of services and does not guarantee that the offered software used or any other materials do not contain system errors. The Contractor makes all reasonable efforts and measures to minimize losses from such errors.
6.4. Disputes and disagreements under this Agreement are resolved by the parties through negotiations, and in case of failure to reach agreement, in accordance with the current legislation of the Russian Federation.
6.5. If the Parties are unable to find a mutually acceptable solution, then to resolve the dispute they must contact the judicial authorities at the location of the defendant.
7. Duration and procedure for termination of the Agreement
7.1. The Agreement comes into force from the moment the Customer registers on the Contractor’s website.
7.2. The agreement is concluded for a period of one year and is automatically extended for 1 year, provided that the parties comply with all their obligations under this agreement.
7.3. The Agreement may be terminated at the initiative of either Party by sending written notice to the other Party no later than 30 (thirty) days before the expected date of termination.
8. Final provisions
8.1. The parties are obliged to notify each other within a reasonable time of changes in their addresses, telephone numbers, faxes, and email addresses.
8.2. The parties recognize the legal validity of documents received by mail, fax and email.
9. Details of the parties
Legal address: 105066 Moscow, st. Staraya Basmannaya, 20
Actual address: 115088, Moscow, Ugreshskaya st. 2с147
Tel: +7 (495) 640-64-10
REGULATIONS FOR THE PROVISION OF SERVICES
1. GENERAL PROVISIONS
1.1. Official messages for the Customer are published on the Contractor's official website https://datacheap.ru and/or transmitted by e-mail.
1.2. The Contractor's services may be used only for lawful purposes.
2. RESTRICTIONS ON THE USE OF SERVICES
The Customer is prohibited from using the Services provided for the following purposes:
- Publication or distribution of any information or software that contains computer viruses or other components equivalent to them.
- Carrying out actions aimed at sending, publishing, transmitting, reproducing, providing or in any way using for commercial purposes information, software or other materials, in whole or in part, obtained through the Services (unless expressly authorized by the owner similar information, software or other products) subject to a written request from the owner of such information to limit the listed actions.
- Carrying out actions aimed at sending, publishing, transmitting, reproducing or distributing in any way software or other materials obtained through the Services, in whole or in part, protected by copyright or other rights, without the permission of the owner, as well as sending, publish, transmit or distribute in any way any component of the Services provided or works created on its basis, since the Services themselves are also the subject of copyright and other rights, subject to a written request from the owner of such rights to limit the listed actions.
- Publication or distribution of any information that contradicts current Russian or international legislation. In particular, this applies to pornographic images that contradict Article 242 of the Criminal Code of the Russian Federation. Due to the lack of legally established methods for determining whether a particular image is pornographic, the Contractor reserves the right to make such a determination.
- Distribution of electronic messages of a commercial or other nature, not previously agreed (not requested) with its recipient.
3. REGULATIONS FOR PROVIDING SUPPORT
3.1. Support is provided only by creating a ticket by the customer in the contractor’s ASR, which is located at https://vps.datacheap.ru/billmgr.
3.2. It is prohibited to duplicate requests to which a response has been received or the issue has been resolved. Flooding and conversations not related to the current problem are also prohibited.
3.3. It is prohibited to create tickets with complaints and suggestions for improvement. To send a complaint or suggestion, you must write a letter to email@example.com with the subject "Complaint".
3.4. Creating requests to the sales department is possible only on issues of document flow, payment, ordering passes, ordering services and consultations on products.
3.5. Creating requests to the technical department is possible only for technical issues.
3.6. Technical support staff may refuse to service a client if the client uses profanity, rudeness, attempts to belittle human dignity, and intentionally delays the dialogue with support.
4. TERMINATION OF SERVICE
4.1. The Contractor has the right to suspend or delete any website, account, database or other server component if it does not comply with these rules.
4.2. In case of excessive (processor load more than 50% for 3 hours) use by the Customer of hardware and other resources of the Contractor's Server within the agreed tariff plan, the Contractor reserves the right to offer the Customer to switch to another tariff plan, and if the Customer refuses, to stop providing services with a refund unused funds.
4.3. The Contractor has the right to stop providing the Services to the Customer and terminate the Agreement if the Customer has violated at least one clause of the Regulations for the provision of Services. The balance of unused funds from the Customer's account in this case is not returned.