1. TERMS AND DEFINITIONS
1.1 PUBLIC OFFER (Offer) - the Contractor’s offer addressed to the Customer (individual, legal entity, individual entrepreneur) to conclude an Agreement for the provision of services, renewal of domain registration and registration on the terms contained in this Offer, located on the Internet at: https://sflex.net
1.2 CONTRACTOR - Company SUPERFLEX (SUPERFLEX).
1.3 CUSTOMER - an individual or legal entity or individual entrepreneur who has entered into an Agreement with the Contractor on the terms contained in this Offer. In case of acceptance of this Offer, a legal entity, or an individual entrepreneur, or an individual making an acceptance of this Offer, becomes the Customer
1.4 PARTIES - Contractor and Customer
1.5 SERVICES - services provided by the Contractor in accordance with the terms of this Offer and its annexes, which are an integral part of this Agreement.
1.6 WEB SITE - an electronic resource posted by the Customer on the disk space of the Contractor’s equipment on the basis of this Agreement and displayed by programs - browsers, as a visually perceived set of information
1.7 CONTRACTOR SITE (Contractor's website) - the Contractor's web server located at: https://sflex.net.
1.8 SERVICE - a set of server, network, software, technological and other resources provided to the Customer, as well as the involvement of Contractor's specialists to fulfill customer requests.
1.9 PERIODIC SERVICE - an active service provided to the Customer on an ongoing basis monthly. An active service is if it is not blocked.
1.10 ONE-TIME SERVICE - a service provided to the Customer simultaneously.
1.11 ORDER OF SERVICES - selection (connection, changing the composition / parameters) of services provided by the Contractor, carried out by the Customer using the services provided on the page of the Customer’s account.
1.12 BLOCKING A SERVICE - failure to provide a service for one of the following reasons: violation of the rules for the provision of a service, violation of the laws of the Russian Federation by the Customer or placement of content, automatic suspension of the service due to a lack of funds in the Customer’s Personal Account (hereinafter - financial blocking) , the maximum term for financial blocking is 14 (fourteen) calendar days, then services are automatically deleted.
1.12.1 - suspension by the Customer of the provision of services by changing the relevant settings on the account page (hereinafter - voluntary blocking), the maximum period of voluntary blocking is 14 (fourteen) calendar days, then the services are automatically transferred to commercial mode.
1.12.2 - the Contractor suspends the provision of services due to non-compliance by the Customer with the conditions stipulated by this Agreement, the forced blocking period is 5 (five) business days, during the specified time the fee continues to be charged in the generally established manner.
1.13 TEST MODE - a form of service in which services are provided without charging, but with limited functionality and for a limited period of time. Test mode is designed to determine the quality of services by the Customer. The ability to use the service in Test mode is not provided for all services. The possibility of using the service in Test mode and the validity period of the Test mode are indicated in the service description.
1.14 DOMAIN REGISTRATION (DOMAIN NAME) - Providing the Contractor with assistance in entering information about the domain and its Administrator in the Domain Name Registry in order to ensure the unique use of the domain, as well as obtain rights to administer the domain by the Administrator. The domain registration service is considered to be rendered from the moment the information on the domain name is entered in the appropriate Register of domain names in the name of the Customer.
1.15 DOMAIN RESTORATION - Providing the Contractor with assistance in entering into the Register information on the restoration of domain registration.
1.16 DOMAIN ADMINISTRATOR - a legal entity or an individual in whose name the domain name is registered. The domain name administrator is listed in the "Registrant" field in Whois - domain name information. The domain administrator determines how to use the domain; bears responsibility for choosing a domain name, possible violations of the rights of third parties related to the selection and use of a domain name, and also bears the risk of losses associated with such violations.
1.17 ADMINISTRATION OF A DOMAIN - determination of the procedure for using a domain, organization of technical support for a domain, organization of payment for services to ensure the functioning of a domain.
1.18 DOMAIN REGISTRATION TIME - the time during which the storage of domain information in the Domain Name Registry is provided.
1.19 SPAM - sending electronic mail without the prior explicit consent of the recipient. If there is a complaint, correspondence is recognized as spam, unless the sender proves that such consent was obtained by him - clearly and in advance.
2. SUBJECT OF THE AGREEMENT
2.1 - The Contractor undertakes to provide the Customer with services for the provision of server, network, software, technological and other resources selected and ordered by the Customer on the account page, and the Customer undertakes to pay for the services provided by the Contractor in the manner prescribed by this Agreement.
2.2 - The specific list and scope of services provided under this Agreement is determined by the Customer independently by sending the relevant orders (applications) in the form established by the Contractor.
2.3 - The Customer guarantees that prior to the conclusion of this Agreement, he has familiarized himself with all the conditions set forth in it, the Agreement, as well as the tariffs for the ordered services. The customer accepts and agrees with all the conditions set forth in them.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1 Responsibilities of the Contractor:
3.1.1 - The Contractor undertakes to provide the services properly and on time in accordance with the terms of this Agreement, within the framework of the services selected and paid by the Customer.
3.1.2 - Observe the confidentiality of information received from the Customer, including information received by the Contractor during correspondence with the Customer and information provided by the Customer on the account page.
3.1.3 - The Contractor undertakes to ensure a constant round-the-clock connection of equipment used to host and service the Customer’s Web-system to the Internet, with the exception of periods necessary for technical work.
3.1.4 - The Contractor undertakes to take all reasonable measures to protect the Customer’s personal data and to observe the rights of personal data subjects established by the current legislation of Ukraine and the European Union. The Contractor guarantees that the information transmitted to him by the Customer, including the personal data of the Customer, will be used solely for the purpose of fulfilling this Agreement.
3.2.1 - In case of violation by the Customer of the Rules for the provision of services, the Contractor has the right to refuse to provide services connected to the Customer.
3.2.2 - Immediately, without prior notice, suspend the provision of services to the Customer, including disabling the software or hardware of the Customer, in the following cases:
126.96.36.199 - Lack of funds in the Customer’s Personal Account.
188.8.131.52 - Actions or omissions of the Customer that could lead to the failure of hardware and / or software of the Contractor or third parties.
184.108.40.206 - The implementation by the Customer of an attempt of unauthorized access to the information resources of the Contractor.
220.127.116.11 - Distribution by the Customer by sending electronic messages or posting on the Internet information, the dissemination of which is prohibited by the legislation of the Russian Federation, international law, as well as information whose dissemination is contrary to moral standards and violates the rights and legitimate interests of third parties. < / p>
18.104.22.168 - Distribution by the Customer of malicious computer programs or other equivalent computer programs and their components.
22.214.171.124 - The use by the Customer of the services provided to the Customer by the Contractor to carry out actions that violate the copyright or related rights of third parties.
126.96.36.199 - Use of the services provided to the Customer by the Contractor for the mass distribution of electronic messages of both commercial and non-commercial content. If the distribution is carried out without the prior consent of the Customers to receive these messages (SPAM), as well as in the cases when using such distribution carried out by third parties, advertising of goods, works, services of the Customer or information resource of the Customer is distributed, the action may be the reason blocking services without a refund
188.8.131.52 - Detection of DoS / DDoS attacks aimed at resources provided to the Customer as part of the services provided by the Contractor and exceeding the minimum threshold for Internet access speed for the service. The increased load on the communication channels and / or the Contractor's host machine is the reason for blocking the server without a refund.
184.108.40.206 - Violations by the Customer of intellectual property rights belonging to the Contractor to a computer program (s), the use of which (of which) is carried out by the Customer on the basis of this Agreement with the Contractor.
220.127.116.11 - Implementation of other actions not expressly provided for in this Agreement, but containing the composition of an administrative offense or criminal offense or violating the rights and legitimate interests of the Contractor or third parties.
3.2.3 - To take actions to remove disputed content or to terminate the Customer’s access to the website, the information on which violates the copyright and other rights of third parties, upon receipt of a notice from the copyright holder or from other sources about the violation of his rights. p>
3.2.4 - Suspend the provision of services to the Customer, if necessary, carry out preventive and repair work in accordance with the terms of the Agreement.
3.2.5 - The time of suspension of the provision of services for the reasons specified in clauses 3.2.2-3.2.4 of this Agreement is not considered a break in the provision of Services and cannot be considered as a violation by the Contractor of its obligations under this Agreement. p >
3.2.6 - Unilaterally terminate this Agreement if the Customer within 5 (five) business days has not eliminated the reasons specified in clause 3.2.2 of this Agreement. Moreover, the debiting of funds from the Customer’s Personal Account continues in the generally established manner until the actual termination of this Agreement.
3.3 Responsibilities of the Customer:
3.3.1 - Timely pay for the services of the Contractor in accordance with the terms of this Agreement and the selected tariff plan.
3.3.2 - The Customer agrees to comply with the terms of this Agreement.
3.3.3 - The Customer agrees to provide the Contractor with reliable data when registering in the accounting system on the Contractor’s web server and concluding the Agreement. Responsibility for the accuracy of the above information and the possible consequences of indicating incorrect data lie entirely with the Customer. In case of doubt about the reliability of the information provided, the Contractor has the right to send the Customer a request for copies of documents confirming the accuracy and completeness of the information provided. If these copies of documents are not submitted after 3 (three) business days from the date of the request (if a longer period is not specified in the request), the Contractor has the right to suspend the provision of services.
3.3.4 - The customer undertakes to ensure the confidentiality of the login and password. The risk of the consequences of the loss of authorization data lies with the Customer.
3.3.5 - The customer agrees to at least once a week to get acquainted with official information related to servicing the customer, including changing tariff plans
3.3.6 - The customer undertakes to independently monitor the term of registration of domains, as well as the delegation of their domains, to independently perform the actions necessary to extend the previously ordered services.
3.4.1 - Require the Contractor to provide services of appropriate quality in accordance with this Agreement
3.4.2 - Independently, through the page of the Customer’s account, manage the services and information resources access to which is provided to him by the Contractor.
3.4.3 - Contact the Contractor regarding the provision of additional services, the connection of which by the Customer alone is impossible.
4. ORDER OF PROVISION OF SERVICES
4.1 - After correctly and completely filling out the registration form, the Customer is granted access to the account page.
4.2 - In the Commercial mode, services are provided only after the Customer has successfully completed the registration procedure and the transfer of funds to the account of prepayment of services
4.3 - The selection and connection of one-time and periodic services is carried out by the Customer independently on the account page.
4.4 - The provision of periodic services starts from the moment it is connected by the Customer if there is a sufficient amount of funds in the Personal Account.
4.5 - The provision of a one-time service begins and ends at the time of its establishment at the request of the Customer, subject to the availability of sufficient funds in the Personal Account.
4.6 - In the event that the provision of a one-time service provides for the possibility for the Customer to use the Contractor’s resources for a fixed period, the Contractor is obliged to provide the Customer with the indicated resources within the period specified in the service description. Write-off of funds for one-time services is carried out at a time at the time of their connection. In case of refusal by the Customer of a one-time service before the expiration of a fixed period, funds will not be returned.
4.7 - The customer is given the opportunity to voluntarily block the provision of periodic services by changing the appropriate settings on the account page. When a periodic service is voluntarily blocked, funds are not debited from the Customer’s Personal Account as payment for this periodic service, and this service is not provided to the Customer. Services voluntarily blocked by the Customer are automatically transferred to Commercial mode after 14 (fourteen) calendar days from the date of voluntary blocking of the corresponding service.
4.8 - The customer is given the opportunity to independently disable (delete) the periodic service by changing the corresponding settings on the account page. When a periodic service is disabled, funds are not debited from the Customer’s Personal Account to pay for this service, this service is not provided to the Customer, and all settings for this service are deleted.
4.9 - Services are provided to the Customer only if there is a positive cash balance in the Customer’s Personal Account. When funds are exhausted, all periodic services are automatically blocked. An exception is the services provided at the request of the Customer in Test mode. Upon the expiration of the Test mode, periodic services are transferred to the Commercial mode and, in the absence of funds on the Customer’s Personal Account, are automatically blocked. Blocked services are automatically deleted after 14 (fourteen) calendar days from the date of blocking
5. COST OF SERVICES AND PAYMENT PROCEDURE
5.1 - Payment for services is carried out by making advance payments. Payment amounts are displayed on the Customer’s Personal Account in the Personal Account.
5.2 - In case of insufficient funds on the Personal Account to pay for services to be provided in the current reporting period, the Contractor has the right to suspend
5.3 - To resume the provision of services to the Customer, it is necessary to make the next prepayment and send the Order to the Contractor for relevant information
5.4 - Received funds are recorded by the Contractor on the Personal Account and debited (spent) from it as payment for services, in the amount of the cost of the services ordered to be provided to the Customer in the current reporting period. The full cost of services is debited from the Personal Account before they are provided.
5.5 - The customer is responsible for the correctness of payments made by him.
5.6 - Moment of payment under the Agreement - the moment of receipt of funds to the Customer’s personal account
5.7 - The Customer is solely responsible for the accuracy and timeliness of his payments for the services provided by the Contractor under this Agreement. The order of the service is the Customer’s consent to pay for the service at prices valid on the day the order is executed.
5.8 - If, based on the basis of the payment, it is not possible in the payment order to determine under which Agreement or for which Customer the funds were received, these funds shall be returned to the payer.
5.9 - The Customer independently determines the possible method of payment for the Contractor’s services, which is published on the Contractor’s website at: https://sflex.net.
6. RESPONSIBILITY OF PARTIES
6.1 Responsibility of the Contractor: - The Contractor is liable only for real damage and only in the case of proven fault of the Contractor. The maximum liability for actual damage incurred by the Customer as a result of the use or non-use of the Contractor’s services is limited to a cash amount equal to the cost of the Contractor’s services to be provided to the Customer in the month of the occurrence of real damage.
6.1.1 - In the event of a break in the provision of services, the Contractor's liability is limited solely to the provision of additional time to use the corresponding hosting service, depending on the time of the break in the provision of services. The lost profit of the Customer is not refundable by the Contractor.
6.2 - The Contractor is not responsible for: - delays, interruptions in work and the inability to fully utilize the Contractor’s own resources that occur directly or indirectly due to the action or inaction of third parties and / or the inoperability of transport and information channels outside of their own resources Contractor; - lost profits and lost profits, as well as for any indirect losses incurred by the Customer during the period of use or non-use of the Contractor's services; - the quality of public communication channels through which access is made to - damage of any kind suffered by the Customer due to disclosure, loss or inability to obtain his credentials by the latter; - the content of information transmitted (received) by the Customer when using telematic communication services.
6.3 Responsibility of the Customer: - The customer assumes full responsibility and risks associated with the use of the Internet, including through services, for assessing 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 / or provided to the Customer through services
6.4 - The customer is fully responsible for the safety of his password and for losses that may arise due to unauthorized use of it. Upon the fact of unauthorized use of the Customer’s registration information that occurred as a result of the actions of third parties, the Customer has the right to send a request to the Contractor to change the password. The Contractor is not responsible for the actions of third parties that entailed the unauthorized use of the Customer’s registration information.
6.5 - The Customer bears full responsibility for compliance with the information posted on the information provided by the Customer when the Service Provider provides the equipment with applicable law and is independently liable for damage caused by his actions (personally or by another person under his network details) to the person or property of citizens, legal entities, state or moral principles of society. In the event that a claim is received from a third party regarding a violation of the laws of the Russian Federation by the fact that the user posted (disseminates) any information using the services provided by the Contractor, the Contractor has the right to send this claim to the Customer, notifying the person who sent the claim, forwarding his claim to the Customer, and also suspend provision of services to the Customer until the situation is clarified.
6.6 - The actions of the Customer (his authorized person) performed in the Personal Account entail the emergence of the rights and obligations of the Parties under this Agreement. The information printed out and certified by the Contractor from the Personal Account can be used by the Contractor as evidence of the order by the Customer for services in resolving disputes, including in court.
7. PROCEDURE FOR THE CONSIDERATION OF CLAIMS AND DISPUTES
7.1 - Disputes and disagreements under this Agreement shall be resolved through negotiations between the Parties.
7.2 - All disputes and disagreements between the Parties under this Agreement that are not settled through negotiations shall be considered in court in accordance with the current legislation of Ukraine, at the location of the Contractor.
8. FORCE MAJEURE
8.1 - The Parties shall be exempted from liability for partial or complete failure to fulfill obligations under this Agreement if the improper performance by the Parties of their obligations was a consequence of force majeure circumstances that arose after the conclusion of the Agreement, or if the default by the Parties was a consequence of extraordinary events that the Parties did not could neither foresee nor prevent
8.2 - During the period of force majeure circumstances that relieve the Parties from liability, the fulfillment of obligations is suspended and sanctions for non-fulfillment of contractual obligations are not applied.
8.3 - If force majeure circumstances continue for more than 6 months, the Parties must agree on the fate of this Agreement. If no agreement has been reached by the Parties, either of the Parties has the right to unilaterally terminate this Agreement by sending a corresponding notice to the other Party by registered mail.
9.1 - The Parties confirm that all information exchanged under this Agreement is confidential, being valuable to the Parties and not subject to disclosure, as it constitutes commercial and / or official secret, has real and potential commercial value by virtue of its obscurity to third parties. Such information may not be disclosed by any of the Parties to any other persons or organizations without the prior written consent of the other Party during the term of this Agreement, and also within 3 (three) years after its expiration.
9.2 - Each Party is obliged to take all reasonable measures necessary and appropriate to prevent unauthorized disclosure of confidential information. Moreover, the measures taken should be no less significant than those that the Party takes to preserve its own information of this kind.