Public Offer Agreement
The current Agreement regulates the terms and conditions of providing hosting services by Realhosters Company, hereinafter referred to as the “Provider”, to a legal body or a private person, hereinafter referred to as the “Subscriber”. Registration of the subscriber in Provider’s system confirms full acceptance of all terms and conditions of current Agreement by the subscriber.
1. Subject matter of the agreement
The subject of the agreement is providing telematic services by the Provider according to the current Price list and Statement. The Subscriber fully accepts terms and conditions of the Agreement and is obliged to pay for the provided services in timely manner.
2. Obligation of both parties
2.1. The obligations of the Provider include:
2.1.1. Providing all services specified in the agreement to the Subscriber daily, twenty-four-hour. Providing services can be suspended due to performing remedial or preventive maintenance, as well as circumstances, described in paragraph 6.
2.1.2. Consulting the Subscriber, if any questions arise.
2.1.3. Tracking services consumption and payments, displaying financial statistics for withdrawing and receiving funds into the Subscriber’s account.
2.1.4. Transferring login and password for access to ASS (Automatic Settlements System) to the Subscriber.
2.1.5. In case of any changes in Statement or Price list for providing services the Provider is obliged to notify the Subscriber about these changes in timely manner.
2.1.6. Preserving confidentiality of the Subscriber’s private correspondence and personal information specified by the Subscriber. The exception is the cases provided by the Law of Russian Federation.
2.2. The Subscriber is obliged to:
2.2.1. Familiarize with the current Agreement and all terms and conditions of services providing attentively. Signing the current Agreement confirms the familiarization with all articles of Agreement.
2.2.2. Register in ASS obligatory.
2.2.3. Accept the changes in the current Agreement (or its termination in case of rejection of the changes according to the Agreement).
2.2.4. Send a signed copy of Handover/Takeover Certificate at the Provider’s address timely.
3. Prices for Provider’s services and settlement terms
3.1. The price for all services of the Provide is defined by the Price list.
3.2. Settlement is performed via advanced payment to Provider’s account in rubles.
3.3. In case of the lack of funds on the account, the Provider reserves the right to terminate or suspend servicing.
3.4. The Subscriber takes full responsibility for correctness of settlement performance. In case of the change in Provider’s account details, the Subscriber is notified with due advance.
3.5. The minimal period of service use that must be paid by payment in advanced is 1 month.
4. Termination of access to a service
4.1. Termination of providing services described in the Agreement can be performed by the Provider in its sole discretion in case of disregarding the rules of cooperation described in the current Agreement from the side of the Subscriber.
4.2. The Provider reserves the right to terminate the agreement in case of repeated infringement of the current Statement by the Subscriber.
4.3. In case of termination of services providing the Provider doesn’t guarantee to notify third-parties about this and doesn’t bear responsibility for the possible consequences.
4.4. In case of late payment for services providing them is suspended for the period up to 7 days, after this the Provider reserves the right to remove the Subscriber’s server.
4.5. In case of termination of services providing due to the fault of the Subscriber the subscription fee is neither refunded nor compensated.
5. Liability limitations
5.1. The Subscriber is not guaranteed to receive the full fail-safety of the services provided by the Provider, as well as full security from malware and viruses. However, the is obliged to use all possible efforts for providing information security.
5.2. The Subscriber takes full responsibility for risks related to the work in the Internet.
5.3. The Provider doesn’t bear responsibility for the quality of communication channels.
5.4. The Provider doesn’t bear responsibility for indirect losses or lost profit of the Subscriber, except the case when the Provider’s fault has been established. In this case the amount of compensation is calculated proportionally to the part of the subscription fee for the downtime.
5.5. By signing this Agreement, the Subscriber waives responsibility from the Provider for claims from third parties that signed Agreements with the Subscriber.
5.6. All unsettled claims are settled in accordance to the current Law of Russian Federation.
6. Force majeure circumstances
6.1. Full or partial nonperformance of the terms of the current Agreement in no responsibility from current Agreement holders is possible in case of force majeure circumstances. Force majeure circumstances include: power cut for the Provider’s equipment, disasters, military moves, acts of terror, acts of elements, civil disorders and other circumstances that don’t depend on the Provider or the Subscriber and cannot be foreseen.
6.2. In case of nonperforming the terms of the Agreement due to force majeure circumstances, the period of terms of the Agreement fulfillment is extended for the time of these circumstances and time, required for cure of effects of these circumstances. The term of extension cannot exceed 60 calendar days, otherwise the Provider and the Subscriber must discuss the possibilities of further cooperation and fulfillment of the terms of the Agreement.
All unused funds of the Subscriber are not refunded by the Provider.
7. Confidential information
7.1. Confidential information is any technical, organizational or commercial information that forms the secret for the Provider and/or the Subscriber.
7.2. The Provider and the Subscriber are obliged not to pass confidential information to third parties without mutual consent for this action.
7.3. Confidential information is makes value, both potential and actual, due to uncertainty.
7.4. Both parties of the Agreement guarantee the integrity of confidential information and accept all possible remedial measures for this during the entire period of the current Agreement validity.
7.5. Personal information specified by the Subscriber can be processed by the Provider for providing quality servicing for the Subscriber and effect of the Agreement.
7.7. If the Subscriber is a private person, he gives consent to the Provider for processing such personal data as a full name, registered or location address, passport data, phone number and/or fax number, email address.
7.8. The Subscriber also gives consent for passing the information specified in Article 53 of the Federal Law of the Russian Federation “About communication”.
8. Dispute and complaints examination procedure
8.1. All complaints for the Provider’s services to the Subscriber are required to be assigned in written form. The complaints procedure is regulated by the current law about communication.
8.2. If during the negotiation the parties don’t come into the compromise decision, the case moves to the court. If the Subscriber is a private individual, the case will be heard in the regular court, if the Subscriber is a legal body, the case will be heard in the arbitration court.
8.3. The Provider reserves the right to take specialists for production of expert evidence and ascertainment of guilt of the Subscriber related to wrong act in using Internet. If the Subscriber’s guilt is ascertained, he must pay for the produced expert examination.
9. Other conditions
9.1. Personal information of the Subscriber can be passed to third parties only in accordance with the current Agreement and the law of the Russian Federation in force, as well as by agreement of the parties.
9.2. The Provider can change the Agreement terms in its sole discretion. The changes come in force at the day of publication on www-server of the Provider. The Subscriber can notify the Provider about dissert with the changes in written form within 10 days. Otherwise the Subscriber is considered to familiarize himself with the changes and accept the new cooperation terms.
9.3. If any claims are brought against the content of the Subscriber’s resource(s), he agrees to reveal his personal information by the Provider for resolving the dispute between the Subscriber and a third party.
10. The moment of conclusion of the Agreement and its effective period
10.1. The Agreement is considered as committed if the Subscriber has got familiar with it and accepted all its terms, as well as signed all according documents. The effective period of the Agreement expires by the end of the calendar year.
10.2. The validity of the current Agreement is automatically extended for the next calendar year. If the Subscriber or the Provider is aimed to terminate the cooperation, any party must notify about this decision not later than in 30 days before the Agreement expiration date, in written form. The provider can send corresponding email to the Subscriber’s electronic address.
10.3. The automatic extension of effective period of this Agreement is unlimited; therefore it will be executed till one of the parties files an application about the will to terminate the cooperation.
11. Procedure for amending and termination of the Agreement
11.1. Any changes or amendments to the current Agreement can be made upon agreement of the parties.
11.2. The current Agreement can be terminated upon mutual agreement of the parties.
11.3. The Provider reserves the right to make changes into the Agreement, current rates, change and add new Attachments. All amendments and additions made by the Provider are mentioned on the official website not later than 10 days before they come into a force.
11.4. The Subscriber preserves the right to terminate the Agreement in his sole discretion. The reasons can be different, from moving to other company to the disagreement with the changes of the Agreement made by the Provider. In this case the Subscriber must compensate all Providers expenses by the moment of its services cancellation.
11.5. If the Agreement is terminated in consequence of gross violation of the Statement and the Agreement by the Subscriber, the amount paid to the Provider for the services will not be refunded.
11.6. If the current Agreement termination is initiated by the Subscriber, he can file a proper application for refund the amount that has not been used yet. Based on the application the Subscriber will be returned with the unused amount from the account, if this is not in compliance with the Agreement terms. The balance is returned to the Subscriber via wire transfer in the same payment system that the Subscriber used for paying for Providers services. The cash return of unused funds is not provided. If the return via payment system used by the Subscriber, or doesnt fit the Provider and/or the Subscriber for some reason, the wire transfer method for money return is defined by agreement of the parties of the Agreement. The refund can be made specifically to the Subscriber, while the refund to third parties is impossible even by the Subscribers request.
11.7. In case there are no violations of the Agreement and Statement terms from the side of the Subscriber, based on application for refund of the unused funds, the entire amount will be refunded by the Provider, excluding the expenses for processing and executing the refund procedure.
11.8. If the Subscriber wants to get the refund, he must file a refund application. The application form is provided at the Providers website. If the Applicant is a legal body, a document under authority of which he acts must be attached to the application. If the Applicant is a private person, a copy of his passport must be attached to the application. If the Subscriber filed all required documents, and the refund is without prejudice with the Agreement, unused funds will be refunded to the Applicant within 10 business days.
11.9. If the Subscriber havent use the services of the Provider during one year, or within a year after the Agreement termination the Subscriber didnt request refund by the order of procedure specified in the Agreement, the funds become non-refundable and belong to the Provider.
11.10. All points at issue appeared between the Provider and the Subscriber, are regulated by the current Agreement. In case if the issue cannot be resolved by the Agreement, the Parties must rely on the Law of the Russian Federation in resolution.