This agreement defines the procedure for Public Service, as well as mutual rights, responsibilities and relationships between the company "WebPatron Limited", hereinafter referred to as "Contractor" and consumer services, hereinafter referred to as "Customer", accepted (accepted) public offer (offer) on the conclusion of this Agreement.
1. General provisions.
1.1. Contractor provides services the Customer with the Contractor real Services Agreement. Conclusion of the Agreement is preceded by the registration of the Customer's database. When you register's database Customer is responsible for selecting and registering individual passwords, preserving their confidentiality, shall be responsible for all activities that occur with the use of passwords.
1.2. A fact accepted by the Customer of this Agreement is the payment by the Customer ordered services on the terms and conditions specified in this Agreement.
1.3. All information provided by the customer at registration must be factual. If the Customer provides false information, the Contractor is entitled to refuse to provide services to the Customer.
Contractor, in case of doubt the veracity of the data provided by the Customer shall be entitled during the entire term of the Agreement to request additional information and (or) demand confirmation of the data. The request is sent to the Customer at the contact's email address. In case of failure by the Customer additional information and (or) does not confirm the data submitted earlier within fifteen (15) calendar days from the date the Contractor request, the Contractor shall be entitled to regardless of the fact of receipt or no receipt of payment:
- reject the Customer's application for new services;
- suspend the provision of services to the Customer;
- reject the Customer's application for an extension of services.
In the case of non-requested information within thirty (30) calendar days from the date of the request by the Contractor, the Customer Service may be terminated.
1.4. Customer and the Contractor acknowledge the legal effect of notifications and messages, sent by the Customer to the address indicated on them during the registration e-mail addresses. Such notifications and messages are equal to messages and notifications in writing, sent by the Contractor to the Customer's mail addresses. Contractor and the Customer, in the event of any disagreement over sending and receiving messages, the time of sending content, agreed to consider evidence of archive service binding and definitive for settlement of disputes between these parties.
1.5. Order of services the Customer agrees to pay for the service and prices in effect on the day of the execution of the order.
1.6. The fact of this service the Contractor shall notify the Customer by e-mail to the contact e-mail address of the customer. If motivated objections from the Customer, they set out in writing and mailed, are not credited to the Contractor within fifteen (15) calendar days from the date the Contractor of the above e-mail, the service provided to the Customer by the Contractor shall be deemed accepted by the Customer.
1.7. The Contractor shall render services to the Customer only if technically feasible, provide services. The Contractor shall not be liable for poor quality services related to circumstances beyond the area of competence, influence and control of the Contractor, including the quality of the connection to the Internet, depending on the quality of the networks of other providers, policy traffic exchange between providers, equipment operation and Customer software. Contractor shall be liable to the Customer for refusal or poor-quality services through the fault of the Contractor.
1.8. The Contractor shall not be liable to Customer for lost profits or other consequential damages incurred by the Customer as a result of refusal or poor provision of services by the Contractor. In the presence of documented direct damage suffered by the Customer, the amount of the Contractor's liability is determined by the size of the customer caused the damage, but can not exceed the cost of the services rendered by the Contractor to the Customer for the period of damage.
2. Order of services. Execution of the order. Renewals services.
2.1. Ordering the services to the customer's web server webpatron.net, or a web server my.webpatron.net.
2.2. When placing an order for the service customer chooses the service parameters.
2.3. Order is considered ready for processing and will be executed by the Customer after full payment of all services present in the order, or if the Customer funds in the personal account, sufficient to pay for all services of the Order. Not implemented within three (3) weeks orders are removed by the Contractor.
2.4. Orders for new services are executed in the order they come basis.
2.5. After the service the Contractor shall send to the Customer an e-mail to the address specified by the Customer message with information about the activation of the service, as well as data required to manage the service.
2.6. Lack of Customer refuses the renewal of services confirms its agreement to renewal and withdraw funds for the renewal from the personal account of the Customer.
2.7. To refuse the renewal of services to the Customer may, at any time before debiting for the extension. To do this in your account click on the link "Request canceled" in the service settings.
2.8. Invoice for service renewal is automatically generated by the Contractor within 20 (twenty) days prior to the expiration of the service.
2.9. Contractor, the formation invoice for the renewal services will notify the Customer of the need to extend the service. Notification shall be sent by email to the address specified by the Customer.
2.10. Renewal of the services performed by the Contractor if the balance of the personal account of the Customer, sufficient to pay for prolongation services and the Customer has not canceled the renewal, or in the case of full payment of the invoice the customer for the renewal services.
2.11. If the provision of the service is not renewed by the Customer, after the expiry of the service executes total lock services.
3. Payment. Cost of services.
3.1. The cost of services published on the web server webpatron.net, or a web server my.webpatron.net.
3.2. Cost of services is fixed in US dollars. When paying in currencies other amount may vary depending on the fluctuations of the market rate of the currency against the US dollar.
3.3. Customer shall pay the Contractor's services provided by the Contractor of any way via personal cabinet. The Customer shall also assume the obligation to pay the possible commission payment systems.
3.4. In the case of payment by the customer services of the Contractor in a manner not shown in your account, the Customer shall notify the Contractor of the produced payment, telling him the method of payment, the amount, time of payment, as well as the name of the service. Without such notice shall not be considered payment is produced.
3.5. The customer has the right to pay bills for services consumed both separately and together, merging multiple accounts for services in one joint account.
3.6. The customer may at any time to replenish the balance in your account for an amount equal to one (1) to 5000 (five thousand US dollars). In this case, payment for services will be made by debiting the required amount from the balance of the customer, if this amount is sufficient to pay for services. Debit balance with the customer happens automatically when you invoice the Contractor. Funds credited to the balance subject exclusively to pay for the Executor and can not be returned to the customer.
3.7. Contractor shall have the right to change the cost of providing services, pre-ten (10) days notice to the Customer by posting the information message on the web server webpatron.net, or a web server my.webpatron.net.
4. Special conditions of hosting or reselling.
4.1. Reselling or hosting service considered provided to the Customer after the resource configuration of the Contractor to work as a virtual web server and / or virtual mail server, according to the selected customer service parameters, and the Contractor to the Customer notification by e-mail at the address specified by the Customer.
4.2. Hosting renewal service or reselling considered provided to the Customer after the resource configuration of the Contractor to work as a virtual web server and / or virtual mail server, according to the selected customer service parameters, and the Contractor to the Customer notification by e-mail at the address specified by the Customer.
4.3. In case of extension of the customer hosting service or reselling within thirty (30) calendar days from the date of service expires Contractor unlocks services within one (1) hour after the receipt of payment for the extension of services, provided Customer has not canceled the renewal. In this case, the countdown of a service does not change and is considered since the lockout services. During refusal services because blocking the Customer pay the Contractor storage service, the value of which is equal to the cost of the services.
4.4. If the hosting service is not renewed by the Customer within thirty (30) calendar days after the service expiration date, after this period the Contractor removes all resources of the Contractor to the Customer information, including backup copies, and made by the Customer when using the service configuration services.
4.5. In case the Customer violates the obligations imposed on it by this Agreement, the other cases stipulated in the Contract, the Contractor shall be entitled to a full or partial service blocking and removal services, as notified to the Customer by the specified email address. When you lock or reselling hosting services, as well as the removal of services, the validity of service is not changed, the money will not be returned to the Customer.
4.6. Hosting service blocking or reselling is defined as complete or partial cessation of Customer's access to the virtual web server, with the possible redirection of requests from visitors to the web sites of the Customer on the official web page, containing the relevant information, total or partial cessation of Customer's access to the virtual mail server , other services and resources provided by the Customer within the hosting service or reselling.
4.7. Contractor does not guarantee compatibility provided within the hosting service or reselling the software with software developed by the Customer or any third party. This software can be installed and used by the Customer without warranty of any kind on the part of the Contractor.
4.8. Contractor is entitled to block the work of established customer software if its usage causes or is likely to lead to a breach of the provisions of this Agreement.
4.9. Contractor does not guarantee functionality provided within the hosting service or reselling the software in case of making any changes to the customer unauthorized by the Contractor.
4.10. Customer may not use the virtual web server and / or virtual mail server in order to carry out activities prohibited under the laws of Germany, France, the Netherlands, Belize, Russia, the United States, including disseminating and advertising pornographic materials, instigating violence, extremist activities , overthrow the government and others., as well as activities contrary to the public interest, principles of humanity and morality, offends human dignity or religious feelings, etc. The Contractor shall have the right to independently evaluate the activities of the Customer for violations of the law, including in cases where the definition of such activities is not fixed regulations.
4.11. Customer may not use virtual mail server and / or virtual web server in order to spread spam (including search) or taking actions that contribute to its spread. Including Customer shall not be entitled to exercise any of the following actions:
- mass distribution of unsolicited messages via e-mail and other means of personal information exchange; mass distribution is regarded as a distribution to multiple recipients and multiple distribution to one recipient;
- no unsolicited distribution of e-mails and other messages of advertising, commercial or propaganda, as well as letters containing information contradicting public interests, principles of humanity and morality (in particular, obscenities, calls for violence, extremist activities, overthrow the government , inhumane acts that offend human dignity or religious feelings, etc.);
- dissemination of databases of email addresses or other message delivery services (except for the case when owners of all addresses included in such a database explicitly expressed their consent to the inclusion of addresses in the database and its distribution, and the open publication of the address such consent can not be considered);
4.12. Contractor shall be entitled to take the necessary security measures to prevent unauthorized access to its data and computing and network resources in order to protect the customer information.
4.13. The customer, using the virtual mail server and / or virtual web server, shall not perform any action that may result in:
- violation of the correct operation of equipment and networks, not belonging to the Customer;
- unauthorized access to data and computing and network resources, not belonging to the Customer;
- the infliction or threat of causing damages to any Internet users;
- mislead third parties as to the source of information (the sender of any kind, programs, requests);
- destruction or modification of software or data not owned by the customer, without the consent of their owners;
- scanning of data-computing and network resources, not belonging to the Customer.
4.14. Work virtual web server and / or virtual mail server may be suspended by the Contractor without prior notification of the Customer in cases result or may result, in the opinion of the Contractor, disruption or threat of violation of health service delivery system of the Contractor.
5. Special conditions of service for renting virtual and dedicated servers.
5.1. Rental service virtual or dedicated server is considered provided to the Customer after giving customers access to a virtual or dedicated server and the Contractor to the Customer notification by e-mail at the address specified by the Customer.
5.2. A service of renewing the lease or virtual dedicated server is considered provided the retirement funds in payment Customer service renewal, and the Contractor to the Customer notification by e-mail at the address specified by the Customer.
5.3. If the action rental services of virtual or dedicated servers are not renewed by the Customer, after the service expires Contractor produces complete removal services. In this case, the hard drives are formatted, all the information of the Customer irrevocably deleted.
5.4. In case the Customer violates the obligations imposed on it by this Agreement, the other cases stipulated in the Contract, the Contractor shall be entitled to a full or partial service blocking and removal services, as notified to the Customer by the specified email address. When you lock or rental services of virtual dedicated servers, and remote services, the term of service is not changed, the money will not be returned to the Customer.
5.5. Service blocking or lease of virtual dedicated server is defined as complete or partial cessation of Customer's access and other persons to the IP address of the virtual or dedicated server.
5.6. The Customer shall be responsible for the safety of their data, with software, possible loss of data, including by reason of hardware failure.
5.7. Contractor shall be entitled to block the work specified by the Customer on a virtual or dedicated server software if its usage causes or is likely to lead to a breach of the provisions of this Agreement.
5.8. Customer may not use virtual or dedicated server in order to carry out activities prohibited under the laws of Germany, France, the Netherlands, Belize, Russia, the United States, including disseminating and advertising pornographic materials, instigating violence, extremist activities, overthrow the government and others. and activities contrary to the public interest, principles of humanity and morality, offends human dignity or religious feelings, etc. The Contractor shall have the right to independently evaluate the activities of the Customer for violations of the law, including in cases where the definition of such activities is not fixed regulations.
5.9. Customer may not use virtual or dedicated server in order to spread spam (including search) or taking actions that contribute to its spread. Including Customer shall not be entitled to exercise any of the following actions:
- mass distribution of unsolicited messages via e-mail and other means of personal information exchange; mass distribution is regarded as a distribution to multiple recipients and multiple distribution to one recipient;
- no unsolicited distribution of e-mails and other messages of advertising, commercial or propaganda, as well as letters containing information contradicting public interests, principles of humanity and morality (in particular, obscenities, calls for violence, extremist activities, overthrow the government , inhumane acts that offend human dignity or religious feelings, etc.);
- dissemination of databases of email addresses or other message delivery services (except for the case when owners of all addresses included in such a database explicitly expressed their consent to the inclusion of addresses in the database and its distribution, and the open publication of the address such consent can not be considered);
5.10. Contractor shall be entitled to take the necessary security measures to prevent unauthorized access to its data and computing and network resources in order to protect the customer information.
5.11. The customer, using a virtual or dedicated server, is not entitled to perform any act which may cause: violation of the correct operation of equipment and networks, not belonging to the Customer; unauthorized access to data and computing and network resources, not belonging to the Customer; the infliction or threat of causing damages to any Internet users; mislead third parties as to the source of information (the sender of any kind, programs, requests); destruction or modification of software or data not owned by the customer, without the consent of their owners; scanning of data-computing and network resources, not belonging to the Customer.
5.12. Work Virtual or Dedicated Server Customer may be suspended by the Contractor without prior notification of the Customer in cases result or may result, in the opinion of the Contractor, disruption or threat of violation of health service delivery system of the Contractor.
6. Special conditions of domain registration services.
6.1. Domain name registration service is considered provided to the Customer from the time domain to register the assignment in the registry of domains registered status (REGISTERED). After that, the service can not be canceled by the Contractor. In the name of an already registered domain after its registration can not make any changes. In this regard, the Customer agrees to any application for registration of a domain check the spelling of the domain that the correct data for domain registration. By submitting your domain registration, the Customer acknowledges that the domain is written correctly, it is this customer wants to register a domain, all the data for the registration of the selected domain are correct.
6.2. A service of renewing the domain considered provided at the time of updating the expiration date of domain registry domain, and the Contractor to the Customer notification by e-mail at the address specified by the Customer.
6.3. Invoice for the renewal of domain name registration service is automatically generated by the Contractor within 60 (sixty) days prior to the expiration of the service.
6.4. If the domain name registration service is not renewed by the Customer, after the expiration of the service the Contractor produces lock the domain, and after 30 days the complete removal of the domain registry.
6.5. Registration and support of domain names in .RU made in accordance with the current version of the document Coordination Center for TLD RU "Rules for the registration of domain names in .RU and .РФ" published on the website http://cctld.ru/files/pdf/docs/rules_ru-rf.pdf, as well as with the application - Regulation "On the procedures to be followed in the event of disputes about domain names", published on the website http://cctld.ru/files/pdf/docs/litigations.pdf. In the case of conflict with the rights and conditions of this Agreement, the provisions of the Rules take precedence.
6.6. Registration and support of domain names in the zone .SU made in accordance with the current version of Internet Development Fund document "Rules of registration of domain names in the .SU", published on the website http://www.fid.su/su/docs/SU-policy.pdf.
6.7. Registration and support of domain names in the zone .РФ made in accordance with the current version of the document Coordination Center for TLD RU "Rules for the registration of domain names in .RU and .РФ" published on the website http://cctld.ru/files/pdf/docs/rules_ru-rf.pdf, as well as with the application - Regulation "On the procedures to be followed in the event of disputes about domain names", published on the website http://cctld.ru/files/pdf/docs/litigations.pdf. In the case of conflict with the rights and conditions of this Agreement, the provisions of the Rules take precedence.
6.8. Registration and support of second level domain names in other areas of international and made in accordance with the established rules on the registration of domain names approved by the registrar or registry of domain names in the selected domain name registration or other international zone.
6.9. When you register a domain name in the international zone, as well as getting the right administration of another person or a change of contact details, customers should confirm the legitimacy and validity of the registration data of e-mail addresses, for which the international Registrar shall be notified to him with a confirmation link. If the customer does not go to the link within 14 days from the date of dispatch of the first notification, the domain name will be blocked. Further unlocking domain is possible only after reconfirmation Customer email addresses.
7. Specific terms of service for the provision of software licenses.
7.1. Service of the software license is considered to be provided to the Customer from the date of entry of the customer's server on the license server software developer. After that, the service can not be canceled by the Contractor.
7.2. A service of renewing the license for the software considered provided at the time of updating the expiration date of the license on the license server software developer, and the Contractor to the Customer notification by e-mail at the address specified by the Customer.
7.3. In the case of non-extension of the term of the customer software licenses, Contractor deletes the record of the customer's server on the license server software developer (Revocation of a license).
7.4. All software comes only software developer. The Contractor shall provide only a license to use the software. The Contractor shall not be liable for full or partial non-functional software errors, as well as for any damage that may be caused to the Customer in the course of using the software.
8. Special Conditions of Service for issuing SSL certificates.
8.1. Services to issue SSL certificates considered to be provided by the Contractor to the Customer after the publication of the Contractor received from the Certification Authority SSL-certificate of the Customer in the Dashboard on the web server.
8.2. Terms of service receiving SSL-certificate determined by the requirements Certification Authorities.
8.3. Procedure and data verification procedures Customer granted to them for SSL-certificate shall be established and conducted by the Certification Authority. The Contractor shall not be liable for the timing and the outcome of the Certification Authority documents, information and authority of the Customer.
8.4. Certification Center, when checking the information and authority of the Customer shall be entitled to request from the Customer additional documents and information.
8.5. The Contractor shall not guaranty to provide the services in the event of the Certification Authority in the issue, renewal or reissue SSL-certificate for the customer.
8.6. If the service is not delivered to the Customer due to denial of the Certification Authority in the issue, renewal or reissue SSL-certificate for the customer, it is not payable by the Customer, with the money transferred by the Customer to pay for services that are returned to your account balance in the Dashboard and the customer can be spent by the Customer to pay for any other service or returned to the customer on the basis of his official letter with the recipient's details, net fee of 10% of the refund.
8.7. Certification Center has the right, without prior notice to Customer, revoke SSL-certificate of the Customer before the expiry of the term of the certificate in the following cases:
- at the request of the customer to annul SSL-certificate delivered to the customer Certification Authority (the application form and the possible ways of its transmission Certification Center Customer agrees with your own Certification Authority);
- at the request of the Executive Director to the Certification Authority upon the occurrence of events specified in paragraph 1.3 of this Agreement;
- on the initiative of the Certification Authority in the following cases:
- if the Certification Authority became aware of the change in the authentication information of the Customer or that any information in the certificate does not match the reality of the Customer;
- if the Certification Authority considers that the actions of the Customer harm Certification Authority;
- in the event of a breach by the Customer conditions Customer Agreements;
- in the event of termination unilaterally relevant Certification Authority agreement between the Contractor and the Certification Authority.
8.8. In the event of early termination of the Certification Authority, for any reason, the actions of SSL-certificate of the Customer, the funds paid by the Customer to the Contractor for the service receiving SSL-certificate will not be returned.
9. Special conditions of services for the development of Internet sites.
9.1. Development of internet site is considered fully provided by the Contractor to the Customer at the time of transfer to the Customer archive containing files and, if necessary, dump the database developed site or location of the developed site to indicate to the customer web server on the Internet.
9.2. Development of internet site is considered part provided at the termination of the work on the development of the internet site by the Contractor in the following cases:
- Failure by the Customer information materials required for the development of the Internet site;
- Lack of response to the customer supplied by the Contractor in the course of development of the site issues relating to the development of the Internet site;
- If you make the customer requirements to the original terms of reference for the development of the Internet site, making it impossible to further develop the site;
- Customer's failure to further develop the web site.
9.3. In the case of a partially rendered services for the development of the site, customers are transferred materials created in the process of developing the site, but also produced a partial refund on the balance in the Personal Account of the Customer. These funds can be spent by the Customer to pay for any other service or returned to the customer on the basis of his official letter with the recipient's details, net fee of 10% of the refund. The size of the returned funds partly determined by the Contractor and calculated based on the time spent on the development of the internet site.
9.4. The cost of developing the Internet site is agreed by the Customer and the Contractor after the Customer provides technical specifications for the development of the internet site. In case of changes in the terms of reference in the process of developing the site, the Contractor shall have the right to change the cost of services, or to refuse to accept these changes.
10. Special conditions of other services.
10.1. The service is considered to be fully provided by the Contractor at the time of notification of the fact that the customer service performance.
10.2. The service is considered part provided at the termination of activities of providing services in circumstances beyond the control of the Contractor, makes full provision of services impossible.
10.3. In the case of part of the service rendered, the Customer transferred materials created in the process of providing services (if any), and also produced a partial refund on the balance in the Personal Account of the Customer. These funds can be spent by the Customer to pay for any other service or returned to the customer on the basis of his official letter with the recipient's details, net fee of 10% of the refund. The size of the returned funds partly determined by the Contractor and calculated based on the time spent on the provision of services.
10.4. Cost of services agreed upon by the Customer and the Contractor of the Customer specification. In case of changes in the terms of reference in the provision of services, the Contractor shall have the right to change the cost of services, or to refuse to accept these changes.
11. Force majeure.
11.1. Contractor and the Customer released from responsibility for any failure to perform its obligations under this Agreement if it was caused by force majeure (force majeure), occurred after the conclusion of this Agreement as a result of extraordinary events, which the Parties could neither expected nor prevent reasonable measures.
11.2. The circumstances of force majeure are events that the Party can not influence the occurrence and for which it is not responsible, such as: war, riot, strike, earthquake, flood, fire, severe weather conditions or other natural disasters, government regulations, orders (decrees) of state bodies and officials, laws and other normative acts of the competent authorities adopted after the acceptance of this Agreement and make it impossible to fulfill the commitments set forth herein, as well as the actions of state or local government and management, or their representatives, impeding the implementation of the conditions this Agreement and other unforeseen circumstances, including problems in the electrical, technical problems on the transit nodes on the Internet and other malfunctions data networks outside the sphere of influence of the Parties, but not limited to.
11.3. Upon the occurrence of force majeure, preventing the fulfillment of the obligations under this Agreement, the term of the Parties fulfill such obligations shall be extended according to the time of such circumstances, as well as the time required for the elimination of their consequences, but not more than sixty calendar days.
11.4. If the force majeure continue for more than the period specified in paragraph 5.3 of this Agreement, or if, the occurrence of the Parties understand that the circumstances will be more of this period, the Parties shall consider the possibility of alternative methods of execution of this Agreement or its termination without compensation for damages.
12. Term of the Agreement. Termination. Making changes and / or additions.
12.1. The present Agreement is concluded with the admission to the account of money paid by the Customer as payment for ordered services in accordance with the exposed him demanding payment of the ordered services.
12.2 This Agreement is valid for an indefinite period until terminated in accordance with the procedure provided for in this Agreement.
12.3. This Agreement may be terminated:
- by agreement of the Parties;
- unilaterally on the initiative of the Contractor, in the case of improper performance by the Customer of this Agreement;
- unilaterally on the initiative of the Contractor, in the case of non-payment by the Customer accounts for the provision of services;
- unilaterally initiated by the Customer, in the case of improper performance by the Contractor of this Agreement.
- unilaterally initiated by the Customer, in the case of disagreement with the changes made by the Contractor to the terms of this Agreement.
12.4. Changes and / or additions to this Agreement shall be made unilaterally by the decision of the Contractor.
12.5. Changes and / or additions to this Agreement by the Contractor at its own initiative, shall take effect no earlier than ten calendar days after their approval.
12.6. Changes and / or additions to this Agreement by the Contractor in connection with a change in the law shall come into force simultaneously with the entry into force of the changes in these legislative acts.
12.7. Text changes and / or additions to this Agreement or its new edition of the Contractor shall be communicated to the public by posting (publication) of relevant information on the web server webpatron.net, or a web server my.webpatron.net.
12.8. Accommodation (publication) texts of amendments and / or additions to this Agreement or its new edition online at web server webpatron.net, or a web server my.webpatron.net made by the Contractor not later than ten calendar days prior to the effective date of the changes and / or additions (except in the case provided for Section 6.6 of this Agreement).
12.9. The parties irrevocably agree that the silence (no written notice of termination of this Agreement or disagreement with certain provisions of this Treaty, including the changes in the cost of services) is recognized merger agreement and the Customer to the new edition of this Treaty.
13. Privacy and other conditions.
13.1. The Customer undertakes to keep confidential and not to disclose confidential information received from the Contractor and the Contractor's employee data, internal and official correspondence.
13.2. Contractor shall have the right to post information that Customer is his client, by publishing links to the web site at the Customer's web server webpatron.net, or a web server my.webpatron.net.
13.3. The Contractor undertakes to store and disclose personal information of the Customer, except in cases where disclosure of such information by law.
13.4. Customer agrees that the Contractor shall be entitled to transfer personal data to third parties solely for the purpose of the order, if the execution of the order without transmitting the data.