Your use of Baxet Group Inc. Services is subject to the terms and
conditions set
forth in these Baxet Group Inc. Terms of Service (the "Contract").
This Contract
explains what's allowed when using our Services; the rights you have as a user of
our Services; the rights Just Host has if you do
something which is not allowed when
using our Services; and many other important terms. This Contract is a legal contract
between you and Baxet Group Inc. and it is important that you read
it carefully. If
there is anything you do not understand in this Contract, please contact us.
Terms and Definitions
IP-network is a network built on the basis of the TCP / IP protocol stack, which
allows to create and merge small local and global networks.
Server is a computer or software system, permanently connected to the Internet,
that provides remote access to its services or resources.
Web-based system
is an electronic representation for the Customer on the Internet
that represents a guaranteed opportunity of visual access to information from a
computer that has access to the Internet through publicly available browser
programs released no later than 2012, via the HTTP 1.1 protocol.
Domain is the area of the hierarchical namespace of the Internet, which is
maintained by a set of Domain Name System (DNS) servers and is administered
centrally. The domain is identified by the domain name.
Registry is the central database containing information on registered domain
names, domain Administrators and other information that is necessary for
registration and renewal of domains.
Domain registration is entering information about the domain and its Administrator
into the Registry of Domain Names in order to ensure the uniqueness of using the
domain, as well as obtaining rights to administer the domain by the Administrator.
The service for domain registration is considered rendered from the moment of
entering information into the Registry.
Domain Delegation is entering information about the domain into the zone and its
corresponding DNS-servers specified by the Domain Administrator, providing the
functioning of the domain.
Domain Administrator is a legal entity or an individual for whom a domain is
registered. The domain Administrator determines the procedure for using the domain
and the organization that provides technical support for the domain.
Term of registration is a time period during which the storage of domain information
in the Domain Name Registry is ensured. Domain name renewal is entering
information on the renewal of domain name registration into the Registry.
DNS-server is the server of domain names, that stores configuration files of the
registered domain.
Login is a unique set of letters and numbers for the Contractor's web server, which
in combination with the Password serves as the Customer's identifier.
Password is a set of letters and numbers that, in combination with the Login, serves
as the Customer's identifier.
Order is an electronic message sent by the Customer from the Contractor's web
server (https://just.hosting),
that includes the order number and the
list of services of
the Contractor, listed in the Appendixes, that the Customer wishes to receive.
Spam is a product of mass distribution of advertising, commercial or propaganda
information to other users of the network without their consent, letters containing
rude and offensive expressions and offers, as well as placement in any conference
of advertising, commercial or agitational messages, when such messages are
explicitly permitted by the rules of such a conference or their placement was
previously agreed with the owners or administrators of such a conference; sending
out information to the recipients who expressed their apparent reluctance to receive
this information; use of own or provided information resources (mailboxes, e-mail
addresses, WWW pages, etc.) as contact coordinates in the performance of any of
the described above actions, regardless of from which point of the network these
actions were taken.
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Object of the contract
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The Contractor shall provide the Customer with web-hosting services and domain registration services at
its facilities in accordance with the conditions listed in this Contract and its Appendixes.
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The Customer determines the list of services provided by the Contractor
under this Contract, as well as their types, independently by paying for the
Orders to the Contractor.
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Rights and obligations of the Parties
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The Contractor is obligated to provide services in strict accordance with the
terms of this Contract.
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The Customer is obligated to pay for the Contractor’s services in time in
accordance with the terms of this Contract and its Appendixes.
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The Customer is obligated to follow the rules for the provision of services
specified by the Contractor in the Contract and its Appendixes.
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The Customer understands and agrees with the requirements for the quality
of services provided by the Contractor.
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The moment of securing the Contract and its validity
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The moment of securing the Contract is the registration of the Customer on
the Contractor's web server.
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Cost of services and procedure for payment
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The cost of services is stated on the Contractor's web server
(https://just.hosting).
Payment under the Contract is made in USD, EUR, CNY, GBP or other available currency
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Payment for the Contractor's services is made within 5 (five) banking days
from the date of the billing made by the Contractor.
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The request for account formation shall be made by the Customer on the
Contractor's web server.
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Registration of domains with special pricing, for example, premium and
exempt, is not performed. To register such domains, you must make an order
directly with the domain registrar.
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When the Customer prepares payment documents in the section "Purpose of
payment", a reference to the account number and contract number is
required.
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The payment for the Contractor’s services is made by the Customer by
transferring funds to the Contractor’s account.
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The Customer is responsible for the payments for the services provided by
the Contractor under this Contract to be correct and made in time.
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All bank commission charges for the payments for the Contractor's accounts
are made by the Customer, unless otherwise is specified in the payment
method.
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When changing the bank account details of the Contractor, due to
circumstances beyond their control, from the moment of publication of new
details via e-mail and web-server of the Contractor, the Customer is
responsible for the payments made on obsolete requisites.
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The moment of providing the service is the transfer of the requisites of access
to the web-service to the Customer.
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When the service switches to the Deleted status, the Contractor has the right
to release the resources associated with this service.
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The service for registering a domain name is considered rendered at the time
of entering the domain name and its Administrator in the Domain Name
Registry.
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The fact of providing services under this Contract is confirmed by the Act of
providing services. The certificate is made by the Contractor and sent to the
Customer on request. The act is formed at the end of each calendar month
and includes all services provided for the past month.
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Responsibilities of the Parties
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The Contractor is responsible for interruptions in the provision of its services,
except in cases in which the interruptions were caused by the actions of the
Customer or the actions of third parties, in an amount not more than the cost
of the customer's service, at which there were interruptions in one calendar
month.
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The Contractor is not responsible to the Customer for any kind of damage made to the Customer due to the
loss and / or disclosure of their Login and Password, as well as due to any acts of force majeure and
any random factors.
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The Contractor is not liable to the Customer for the safety of the Customer's
data lost due to the loss and / or disclosure of their Login and Password, in
the event of a hardware failure, accidental deletion, administration errors,
external interference, as well as due to any force majeure actions and any
random factors.
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The Contractor is liable for claims of a civil nature and for the losses of the
Customer proven in court, in an amount not more than the cost of the
customer's service, at which losses were observed in one calendar month.
The parties are responsible for their obligations in accordance with the current
legislation of the United States of America
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The parties are responsible for their obligations in accordance with the current
legislation of the United States of America.
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The Contractor shall not be responsible for the lost profits and any indirect
losses incurred by the Customer during the period of use or non-use of the
Contractor's services (full or partial), and also in cases when it is caused by
the malfunction of hardware and software used by the Customer, computer
malfunctions, Customer's mistakes while working with software products or
the Customer's violation of software documentation requirements.
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The customer is solely responsible for the safety of his data, for the creation
of backups, their storage and management.
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The Customer is informed that the server software may include, but is not
limited to software products provided without any warranties. All work to
diagnosing and restoring the server's work is performed at the expense of the
Customer.
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The Customer takes full responsibility and all risks associated with the use of
the Internet through the resources and / or services of the Contractor.
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If there are judicial or other acts from the state authorities regarding the services of the Customer
concerning non-compliance with legislation, the Contractor has the right
to block the services of the Customer without the right to refund.
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In the event of Complaints (Abuses) about the Customer's services from
specialized organizations, representatives for copyright and other related
rights, complaints from organizations for the protection of trademarks
(brands), complaints about the organization of spam mailings, illegal software
placement (without the permission of the copyright holder), placement
malware, posting informational articles about hacking, posting hacking
software, posting pornographic materials, as well as any other actions of the
Customer that may qualify as illegal or inflicting, or that may cause damage to
the Contractor, the Contractor has the right to block the Customer's services
without the right to refund.
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The Contractor is not liable to the Customer for communication interruptions caused by the event of
revocation of IPv4 networks by regulatory organizations. In the event of an IPv4 network revocation,
services will be available over IPv6.
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Conditions and procedure for termination of the Contract
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This Contract may be terminated at the initiative of the Customer, in the
absence of direct fault of the Contractor, after the expiration of the paid period
by refusing to pay for the services for the next period or on the basis of a
notice set forth in written form.
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This Contract may be terminated at the initiative of the Contractor on the basis
of Customer’s improper following the terms and conditions of this Contract
and / or its Appendixes. The Contractor is obligated to send the Customer a
written notice of termination of the Contract at least 5 (five) days before the
termination.
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If the Contract is terminated for reasons other than those listed above, the
issues of payments shall be settled by the agreement of the Parties or in
accordance with the established procedure through the judicial bodies of the
United States of America in accordance with the current
legislation of the
United States of America.
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Procedure for settlement the disputes
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Disputes and / or disagreements shall be resolved by the Parties through
negotiations, and in case of failure to reach agreement, in accordance with
the current legislation of the United States of America, at the
place of
registration of the Contractor.
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All claims of the Parties must be executed in written form and signed by
authorized individuals.
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The Party that received the claim must provide the other party with a
reasoned response within 10 working days from the date of receipt of the
claim.
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Force Majeure
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The Parties are exempted from responsibility for partial or complete non-fulfillment of obligations
under this Contract, if improper actions of the Parties is caused by force majeure, i.e. extraordinary
forces and unavoidable circumstances beyond reasonable control.
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The Party that is unable to fulfill its contractual obligations immediately
informs the other Party about the beginning and end of the above
circumstances, but in any case not later than 10 days after the
commencement of their action.
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If the stated circumstances last more than 2 months, each Party has the right
to early termination of the Contract. In this case, the Parties make mutual
settlements.
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Confidential and Personal Information
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By signing this Contract (by accepting the offer), the Customer confirms its
consent to be processed by Baxet Group Inc.,
his personal data, namely: last name, first name,
middle name, address (including postal), telephone / fax number, e-mail
address, bank account details, TIN, BIND, passport information, as well as
other personal data provided for the following purposes, including: collection,
recording, systematization, accumulation, storing, updating (changing),
extracting, using, transferring (distributing, providing, accessing),
depersonalizing, blocking, deleting, destroying personal data, for the purposes
of concluding and executing the Contract, and for enforcing laws and other
regulatory acts. Personal data processing is carried out with or without the
use of automation tools. The agreement for the processing of personal data is
valid for an indefinite period of time and can be withdrawn by sending a
corresponding written application to Baxet Group Inc.
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By signing this Contract, the Customer confirms its consent to receive from
the Contractor promotional materials on the services and promotions of the
Contractor and its partners.
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The Parties are obligated not to transfer to third parties or use, in any other
way not provided for by the terms of the Contract, organizational,
technological, commercial, financial and other information that is confidential
to the Parties (hereinafter - "confidential information"), provided that:
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such information has real or potential commercial value due to its
unknown to third parties;
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there is no free access to such information on a lawful basis;
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the holder of such information shall take appropriate measures to
ensure its confidentiality.
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The term of protection of confidential information is limited by the Parties for a
period of at least 5 (five) years from the date of the termination of the
Contract.
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The Contractor has the right to request any additional identification data of the
Customer. In case of ignoring the request or refusing to provide data within 3
days after sending this request, the Contractor can block the services and
account of the Customer until the requested data is provided.
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Procedure for Amending the Contract
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The Contractor has the right to unilaterally amend the Contract and its
Appendixes by notifying the Customer of such changes on the Contractor's
web server (https://just.hosting).
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The Customer is obligated to regularly monitor any changes related to the
stated in the Contract provision of access rights to the web-based system and
registration of domains on the Contractor's web server. The Customer is
obligated to read and accept the information on changes in the Appendixes to
this Contract, as well as other technological and organizational changes
published on the web server and sent by the Contractor via e-mail.
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The amendments enters into force at least 10 (ten) calendar days from the
date of notification and publication.
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The services received by the Customer from the date of introduction of the
amendments to the date of receipt of the notification (inclusive) are provided
to the Customer taking into account the changes introduced.
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In all other cases not specified in this Contract the Parties shall be governed
by the the current legislation of the United States of America.
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Refunds
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At any time, the Customer may refuse the selected services and return
unspent funds to its billing account. The amount is calculated on the date of
the cancellation of the services.
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For all services, the refund is made on request made by the Customer to the
e-mail address info@just.hosting, taking into account the incurred costs from
https://just.hosting.
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The withdrawal of funds from the account is made only upon application from
the Customer made to the e-mail address info@just.hosting, to the account /
electronic purse / bank card from which the payment was made.
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Refunds from the billing balance are possible no later than 15 days from the date of payment. After that period
refunds are made only for the periods that are left unused. The minimum period for the service (excluding domain
registration and renewal services) is one month. Refunds are made in multiples of the monthly cost of using the
service, excluding discounts and bonuses. There are no refunds for the domain registration/renewal service.
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Refund after Customer application can take up to 14 days plus period that
depends on payment system.
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The amount of refunds will not include bonuses from the Contractor’s
company. All payment system commissions for refunds are withheld from the
refund.
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Refund for the Domain registration service and IPv4/IPv6 network lease is not available.
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Affiliate program
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The Contractor shall pay the Customer a remuneration equal to 5% of the amount of each payment received
from a client acquired through the Customer's website.
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The Contractor reserves the right, at its sole discretion, to establish a different remuneration
percentage for individual clients acquired through the Customer's website. Any such adjustment must be
mutually agreed upon in writing by both the Contractor and the Customer.
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To be eligible for remuneration, marketing materials (including, but not limited to, service cards and
banners) must be prominently displayed on the Customer's website throughout the entire period of
participation in the program. Failure to display marketing materials, or the incomplete display thereof,
may result in the Contractor withholding remuneration, either fully or partially. Remuneration
eligibility may be restored (at the Contractor's sole discretion) following the continuous and compliant
placement of required marketing materials for a period of no less than six months.
Appendix No. 1. Requisites
The Contractor
Baxet Group Inc.
919 North Market Street, Suite 950
City Wilmington
State of Delaware
Zip Code 19801
+1 (917) 938-7088
Appendix No. 2. Server Administration
Basic terms
Server Administration is the provision by the Contractor of works on setting up,
current maintenance of the server and installation of additional software at the
request of the Customer.
Services Package is the list of information and technology services provided to the
Customer in the the Server Administration. Additional services is the list of services
not specified in this Contract, determined by the Parties additionally in additional
agreements or by joining to the conditions under which the Contractor is obligated to
provide them.
Basic statements
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Responsibility for all actions performed using the Customer's Login and
Password, either by himself or by other legal individual, lies entirely with the
Customer. The Customer must ensure the confidentiality of the password(s)
assigned to him. The Customer is fully responsible for all actions performed
using their Login and Password.
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The Contractor provides Services Packages chosen by the Customer within
several levels of Server Administration. Each level of server administration
contains a certain set of prepaid services. The list of service kits is available
when ordering services on the Contractor's web server
(https://just.hosting) and
may vary depending on the type of service ordered.
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A specific Services Package is provided to the Customer by prior
arrangement and payment made by the Customer in accordance with the
established cost of subscription services at the prices specified on the
Contractor's web server (https://just.hosting) when ordering services.
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For each Customer service, only one level of Server Administration can be
ordered.
Renewal of the Services Package
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Renewal of the Services Package is performed by the Contractor by default if
there is a sufficient amount of money in the personal account of the Customer
to pay for the renewal and in the absence of the Customer's refusal to renew.
The renewal is carried out for the same period as the service to which this
Service Package applies.
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The absence of the Customer's refusal to renew the services confirms his
consent to the extension of the provision of the services by the Contractor and
thereby the payment for the extension made from the Customer's bank
account stated in the Contract.
Special Conditions
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The Contractor has the right to refuse to provide the Customer with any
services if the Contractor determines that they exceed the paid Services
Packages and / or the terms of the Contract. Such requirements will be
assessed separately as One-time services in accordance with the terms of
Terms of Reference.
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The Customer is obliged to inform the Contractor in time about making the
necessary adjustments to the management and configuration of the server
software through the Contractor’s Ticket System.
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The Contractor shall not be responsible for the quality of the provided
services, if it is caused by the malfunction of the hardware and software used
by the Customer, computer failures, Customer's mistakes while working with
software products or Customer's violation of software documentation
requirements.
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The Customer is informed that the server software may include, but is not
limited to, software provided without any warranties. All work to diagnose and
restore the server's performance is performed at the expense of the
Customer.
Appendix No. 3. Service Level Agreement (SLA)
Terms and Definitions
Terms and definitions used in this Agreement are understood and interpreted in
accordance with their statement in the Contract on the official web-server of the
Contractor (https://just.hosting), including this Agreement, as well as in
accordance
with the current legislation, normative legal acts of
the United States of America,
used in business terms and definitions for similar services.
Emergency situation is an unavailability of the Contractor's service caused by a
malfunction of the equipment, network, engineering systems and infrastructure of the
Contractor or its counterparties, including unauthorized adverse effects on the said
facilities.
Incident is an event caused by the apparent or perceived unavailability of the
Contractor's services due to various reasons.
The Customer's incident request is the Customer's message about the
unavailability of the Contractor's services, it is received via: Contractor’s Ticket
System, official e-mail addresses, the technical support phone of the Contractor.
Scheduled works are a set of preventive works to maintain the serviceable
condition of the equipment, network, engineering systems and infrastructure of the
Contractor. Performed by the Contractor and its counterparties.
Urgent works are a complex of unscheduled operations that are required to be
performed promptly to eliminate or prevent various emergencies and malfunctions of
the equipment, network, engineering systems and the Contractor's infrastructure.
Performed by the Contractor and its counterparties.
DoS-attack (Denial of Service) and DDoS-attack (Distributed Denial of Service)
are types of malicious attacks on computer systems, the purpose of which is to
create conditions under which legitimate users of the system can not access the
resources provided by the system, or this access is difficult.
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Object of the agreement
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This Agreement specifies the requirements for the quality of services, the
provision of which is guaranteed by the Contractor.
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The Agreement defines the constitution and areas of acceptable quality
indicators of the Contractor's services, the ability to control these indicators by
the Parties.
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Limits of responsibility
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In this Agreement, the Parties acknowledge that the Contractor guarantees
the declared level of service only in the technological boundaries of the
responsibility of the Contractor's network.
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Quality assurance of services and level of service
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The Contractor provides the Customer with services 24 hours a day, daily
without interruptions, unless otherwise is specified in the text of the Contract
and its Appendixes. Inaccessibility of the Contractor's services may be caused
or related to:
- Emergency situation;
- Scheduled works;
- Urgent works;
- other incidents.
Scheduled and urgent works carried out during the standard time of routine
maintenance (service) do not require Customer's notifications from the
Contractor. Information on scheduled technical works conducted outside the
standard time for routine maintenance (services) is published on the
Contractor's web server: (https://just.hosting) 48 hours before
the start of
works. Information about urgent work conducted outside the standard time of
scheduled maintenance is published on the Contractor's web server:
(https://just.hosting/) 12 hours before the start of works.
Information on urgent
work related to the liquidation of an emergency situation and conducted
outside the standard time of scheduled maintenance is published on the
Contractor's web server: (https://just.hosting) no later than
12 hours from the
beginning of works
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The Customer is obliged to inform the Contractor via e-mail and / or via phone
to the technical support service of the Contractor about the lack of access to
resources located on the Contractor's computing facilities, as well as about
the alleged duration of the incident within 24 hours from the time of the
incident detection. The Contractor analyzes the Customer's request for the
incident, based on the log files and data of the Contractor's monitoring
system. Periods of scheduled and urgent works are not taken into account.
The response time of the Contractor to the Customer's request for an incident
should not exceed 6 hours from the receipt of the Customer's request.
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In order to receive compensation, the Customer must, within 5 days from the
moment of the incident detection, send or duplicate the Customer's request
for an incident to (info@just.hosting), previously
indicated in the technical
support service, in which the Contract number, service code, service
unavailability period shall be stated, and a request to receive compensation.
The request will be considered within 15 (fifteen) working days from the
receipt. Compensation for the cost of improperly provided services can be
made only once a month for the past calendar month, regardless of the
number of incidents this month. The method of compensation is negotiated
individually.
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The Contractor guarantees the beginning of the provision of services within
the terms specified in the Contract and when the Customer funds are credited
to the Contractor's account in the presence of free equipment capable of
ensuring the proper provision of services under the paid tariff. The beginning
of the provision of services is the time when the Contractor provided the
Customer with a password and registration information for the ordered
service. The guarantee of the beginning of the provision of services does not
apply to cases where delays in the installation of equipment and / or the
inclusion of a service are related to the lack of all necessary Customer’s data,
incorrect payment, and also due to force majeure. In case of violation of the
guarantee of the beginning of the provision of services, the Contractor will
compensate the cost of improperly provided services in the amount of 50% of
the installment fee, if any, taking into account all the discounts provided.
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The stated above guarantees and compensations are not provided if the
inaccessibility of the service was directly or indirectly caused by:
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reasons beyond the control of the Contractor, including but not limited
to: changes in regulations, wars, armed conflicts, terrorism, fire, flood,
epidemics, inaccessibility or disruption of telecommunications networks
and equipment of third parties, traffic disturbances, network attacks or
unauthorized access, failures of software developed by third parties,
inability to receive supplies, electricity and other necessary to ensure
the availability of resources;
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the inoperability of telecommunications networks outside the
Contractor's area of responsibility;
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liquidation of emergency situations, which are caused by force majeure;
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malfunctions and peculiarities of the DNS system operation, which are
beyond the direct control of the Contractor;
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actions of the Customer himself or his authorized individuals, including
the use of software;
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software failures within the server, as ensuring the working capacity of
this software is in the Customer's area of responsibility;
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directed DoS / DDoS-attacks and other similar impacts on the network
of the Contractor;
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exceeding the resources provided by the Contractor for this service.
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This Agreement is secured, amended and terminated in accordance with the
procedure established in the Contract.
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With the statements of this Agreement, all other obligations not expressly
provided in the Contract or by the current legislation do not increase the
obligations and guarantees of the Contractor.