Public contract
The following information is an official offer (public offer) of COMPANY Z KIPARIS-BEZPEKA LIMITED LIABILITY COMPANY, represented by Daniil Serhiyevich Brezhnev, director, named hereinafter referred to as "Executive", publicly offers an unlimited number of persons the opportunity to receive fixed-term services paid use of virtual infrastructure (data processing services), hereinafter - Services, for which the Contractor publishes this public contract (offer) about the following:
1. Definition of terms
1.1. Acceptance - full and unconditional acceptance by the Customer of the Contractor's proposal to enter into this Agreement and the conditions set forth in this Agreement and its annexes.
1.2. Balance - the difference between the amount of money paid by the Customer to the Contractor and the amount of money debited by the Contractor from the Customer's personal account for the Services actually provided. The balance is displayed in the Customer's personal account on the Contractor's website.
1.3. Website of the Performer - located on the Internet at https://onecloudplanet.com/.
1.4. Virtual infrastructure - is a collection of virtual computers (virtual machines), data storage systems, networks that form a single data processing center. The virtual infrastructure is deployed in accordance with the configuration of the Services ordered by the Customer, which may change based on the Customer's requests submitted in accordance with the terms of this Agreement, the Tariffs and the Service Level Agreement.
1.5. Customer - any natural or legal person who has accepted (accepted the terms of) this public contract (offer) and intends to receive the Services provided by the Contractor under the conditions established by this Contract and its annexes.
1.6. Order configuration - a list of types and types of resources provided by the Contractor to the Customer, in accordance with his order.
1.7. Internet network - an international computer network, a worldwide system of interconnected computer networks based on a set of Internet protocols.
1.8. Customer's personal account - is located on the Contractor's website at the address https://console.ocplanet.cloud/, access to which is granted to the Customer through registration by the Customer on the Contractor's website, after acceptance (acceptance) of this Agreement and its annexes.
1.9. Customer's personal account - a personal account opened by the Contractor in its own database of Customers who are connected to the Services, and on which the quantitative and cost accounting of all Services provided to the Customer, as well as accounting of the Customer's payments, is kept. The Customer's personal account coincides with his Contract number.
1.10. Terms of use of services - the rules posted on the Contractor's website at https://onecloudplanet.com/rules, which establish the procedure for using the Contractor's services. These rules are mandatory for the Customer to follow.
1.11. Service pricing rules - the rules posted on the Contractor's website, according to which the volume and cost of the services provided by the Contractor to the Customer are calculated. The rules for charging services are posted on the Internet at https://onecloudplanet.com/billing.
1.12. Resource - are the components of the service (service configuration) provided by the Contractor, such as virtual processor cores (vCPU), virtual RAM and data storage (Storage), provided to the Customer to ensure optimal operation of its systems.
1.13. Side - Customer or Contractor depending on the context.
1.14. Parties - The Contractor on the one hand and the Customer on the other hand are collectively referred to as the Parties
1.15. Tariff - publicly available tariffs, which the Contractor sets independently and places on his website on the Internet.
1.16. Service Level Agreement - a document that describes the technical characteristics of the Services provided to the Customer in accordance with the Tariffs and depending on the selected level of technical support (basic or advanced).
2. The procedure for concluding (accepting) the contract
2.1. This Agreement is concluded by providing full and unconditional consent (acceptance) of the Customer to conclude the Agreement in its entirety, without signing a written copy of the Agreement by the Parties.
2.2. This Agreement is developed in accordance with Art. 633 of the Civil Code of Ukraine and is equivalent to the Agreement signed by the parties. The contract can be concluded at the customer's request in writing by signing an application to join the contract.
2.3. The terms of this Agreement are the same for all Customers in accordance with Art. Art. 633, 641 and Ch. 63 of the Civil Code of Ukraine.
2.4. The customer confirms the fact of familiarization with and agreement with all the terms of this Agreement, annexes to this agreement in full by acceptance.
2.5. In accordance with Art. 642 of the Civil Code of Ukraine, any of the following actions (both individually and together) is considered acceptance of this Agreement (offer):
2.5.1. registration of the Customer on the Website of the Contractor, during which the Customer is provided with the opportunity to familiarize yourself with the text of this Agreement and its annexes, as well as to accept (check) or refuse to accept this Agreement. In case of refusal to accept this contract, the Customer will not be able to register (register a personal account) on the Contractor's website;
2.5.2. payment of the Services in the amount and in the manner determined by the Tariffs and terms of this Agreement to the Contractor's current account.
2.6. After accepting this Agreement, the Customer is assigned a Personal Account (and a personal account is created on the Contractor's website).
2.7. By concluding this Agreement, the Customer agrees to full and unconditional acceptance of the terms of this Agreement and its annexes.
3. Subject of the contract
3.1. The subject of this Agreement is data processing services (DC code 72310000-1).
3.2. The Contractor undertakes to provide the Customer with Services, and the Customer undertakes to accept and pay for the Services provided by the Contractor on the terms established by the Agreement and its appendices.
3.3. The customer independently chooses the volume and number of services he needs places the order in the Customer's personal account on the Contractor's website.
3.4. The name, technical and quality characteristics, as well as the quantity and cost of the Contractor's Services per unit of Resource (Service) are determined in the Service Tariff Rules, which are posted on the Contractor's website at the address on the Internet - https://onecloudplanet.com/billing.
4. Contract price
4.1. The price of the Services is indicated on the Contractor's website and in the Customer's personal account, is calculated in accordance with the Service Tariff Rules, and depends on the volume and number of Services ordered by the Customer, through the Customer's personal account on the Contractor's website.
4.2. The cost of the Services is established by the Service Tariff Rules and in accordance with the Configuration of the Customer's order. The cost of services is set for 1 hour of use of a certain type of resource, and is billed hourly for the use of each individual type and type of resource.
4.3. The cost of the Services may change if the Customer changes the Order Configuration in his personal account on the Contractor's website.
4.4. The final cost of the Service is calculated on the basis of data on the actually consumed Resources. Tariffs for Resources are established by the Service Tariff Rules for the minimum unit of the Resource volume defined by the Contractor.
4.5. The actual consumption of Resources by the Customer for the last hour before the next withdrawal of the Customer's funds from the balance in his personal account on the Contractor's website is subject to payment.
4.6. Payment is made based on the fact of using Resources by the Customer by debiting funds from the Service Balance once per hour. The amount of debiting for each hour may change if the Customer changes the Service Configuration.
4.7. When charging services, the parties are guided by the Rules for charging services, which are posted on the website of the Contractor on the Internet at the address https://onecloudplanet.com/billing.
5. Rights and obligations of the parties
5.1. The customer declares and confirms that he:
5.1.1. Provides complete and accurate information when ordering services and registering a personal account on the Contractor's website.
5.1.2. Makes a conscious choice of Services without violating the property or non-property rights of any person and having sufficient information about the Contractor, the Service Tariff Rules, the Rules for using services and the Internet, which are posted on the Contractor's website.
5.1.3. Acquainted with and agrees (unconditionally accepts) with this Agreement and its annexes, which are specified in section 13 of this Agreement.
5.1.4. Understands that the Contractor has the right to establish and change the rules and conditions of providing data processing services.
5.1.5. Understands that the Contractor has the right to block, stop the operation of the Services and take other actions in relation to the Customer in case of violation by the Customer of the terms of this Agreement and its annexes.
5.1.6. Understands that access to the Service (Service) is considered to be provided at the time of referral by the Contractor to the Customer, through the use of e-mail, information on authorization and access to the service.
5.1.7. Interested and undertakes not to disclose information regarding the Login, Password, Authorization Information, terms of access to the Subscriber's Personal account on the Contractor's website.
5.1.8. Informed and agrees with the composition and content of Personal data that will be processed in connection with the provision of data processing services by the Contractor.
5.1.9. Informed and agrees with the purposes and purpose of processing for which the Personal Data is intended, as well as the legal grounds for processing Personal Data in connection with the provision of data processing services by the Contractor.
5.1.10. Notified and agrees with the transfer of Personal data to the Contractor for the purpose of providing data processing services.
5.1.11. Informed and agrees with the storage of Personal data by the Contractor during the entire period of use of the Services and for 3 (three) years after the expiry of the validity period of the Services.
5.1.12. Notified and agrees with the Contractor's right to keep Personal Data after deleting information about the Customer in compliance with the requirements of the current legislation of Ukraine, including during the statutory limitation period, as well as, if necessary, to use Personal Data as evidence for the purpose of protecting the legal rights and interests of the Contractor.
5.1.13. Informed and agrees with the rights of the Performer as a subject of Personal data, which are provided for by the current legislation of Ukraine and/or the general regulation on data protection, which, including, may be published on the website of the Performer.
5.2. The customer has the right to:
5.2.1. Receive Services from the Contractor in accordance with the Configuration of Services ordered by him through his personal account on the Contractor's website.
5.2.2. Independently change the volume and number of ordered services through the Customer's personal account on the Contractor's website.
5.2.3. Familiarize yourself with information about the ordered Services, the status of settlements with the Contractor, statistics on the use of Services in the Customer's personal account on the Contractor's website.
5.2.4. Contact the Contractor with complaints and suggestions regarding the ordered Services, receive technical support regarding the ordered Services.
5.2.5. Terminate this Agreement under the conditions specified in this Agreement.
5.3. The customer is obliged to:
5.3.1. Timely and in full to pay the cost of the ordered Services to the Contractor, in accordance with the Service Tariff Rules, the terms of this Agreement and its Appendices.
5.3.2. At least once a month, familiarize yourself with the Rules for the use of services, which are posted on the website of the Contractor at the address https://onecloudplanet.com/rules
5.3.3. Strictly comply with the Rules for using the Contractor's services, which are posted on his website at https:// onecloudplanet.com/rules
5.3.4. Follow the recommendations and requirements of the Contractor regarding the procedure for using the ordered Services.
5.3.5. At least once a month, familiarize yourself with the contents of the Customer's personal account on the Contractor's website.
5.3.6. Independently take all necessary measures to ensure the security of information transmitted over the Internet and located in the virtual infrastructure provided to the Customer by the Contractor.
5.4. The executor has the right to:
5.4.1. Receive timely payment for the Services ordered by the Customer, in accordance with the Service Tariff Rules, the terms of this Agreement and its Appendices.
5.4.2. Temporarily limit or suspend the provision of Services to the Customer under the conditions specified in this Agreement.
5.4.3. Enter and store information about the Customer in its own database, which is formed and maintained in accordance with the current legislation of Ukraine.
5.4.4. Collect and store information received by the Contractor during the Customer's use of the Services and personal account, including, but not limited to: IP addresses of the personal account entry, last name, first name, patronymic, information about the legal entity, etc.
5.4.5. Provide recommendations and requirements to the Customer regarding the use of the ordered services.
5.4.6. At any time, without obtaining a separate consent of the Customer, process Personal Data, include Personal Data in the relevant database of the Contractor's personal data, publish such data in open sources and process such data in accordance with the purpose established by the Contractor, the legislation of Ukraine and in compliance with the legislation of Ukraine.
5.4.7. Change or terminate this Agreement under the conditions specified in this Agreement.
5.4.8. In case of non-receipt of timely payment. Provide a grace period of 7 days for receiving funds.
5.4.9. In case of non-receipt of funds, the terms are determined. Delete customer resources
5.5. The executor is obliged to:
5.5.1. Provide the Customer with Services, in accordance with the order and configuration of the Services, which was ordered by the Customer through his personal account on the Contractor's website.
5.5.2. To inform the Customer, at his request, about the Services and the terms of their provision.
5.5.3. To keep records of the Services provided to the Customer.
5.5.4. Provide technical support in accordance with the terms of this Agreement and its Annexes.
6. Procedure of calculations
6.1. The minimum term for ordering Services is one calendar month.
6.2. The Customer shall pay for the ordered Services in the amount established by this Agreement and its Appendices, in accordance with the Service Tariff Rules and the volume of the order by means of a full subscription to the Contractor's current account.
6.3. Funds paid by the Customer through subscription - are credited to the Balance in the Customer's personal account for their further debiting for the actually used Resources and Services provided.
6.4. Payment for the provided Services is carried out by debiting the previously credited (paid by subscription) funds of the Customer from the Balance in the Customer's personal account on the Contractor's website.
6.5. The executor sends the Customer the acts of the performed works (services provided) by e-mail and/or by means of postal communication - monthly.
6.6. The services are considered accepted, and those against which the Customer has no claims in the event that after receiving the act of performed works (services provided), within 10 calendar days, the Customer does not send the Contractor a written claim regarding the performed works (services provided).
6.7. The parties agreed that by unconditional acceptance of the act of performed works (provided services), and in the absence of any claims from the Customer to the Contractor on the basis of the services provided, they consider the payment of services made by the Customer to the Contractor's current account for the next period, which follows the period during which the Contractor actually provided services and drew up and sent the act of performed works (provided services) to the Customer.
7. Liability of the parties
7.1. A penalty of 0.1 percent of the value of the Services, of which the delay in performance was allowed, is charged for each day of the delay.
7.2. For untimely payment of the provided Services, the Customer shall pay to the Contractor a penalty in the amount of twice the NBU accounting rate, which was in effect at the time of late payment, from the amount of untimely fulfilled obligations for each day of delay.
7.3. The parties are responsible for non-fulfillment or improper fulfillment of this Agreement in the manner and in the cases provided for by this Agreement and the current legislation of Ukraine.
8. Term of validity of the contract
8.1. This Agreement enters into force on the day of its acceptance (acceptance) by the Customer and is valid for 1 (one) calendar month from the day of its acceptance (acceptance) by the Customer.
8.2. This contract is automatically extended for the same term under the same conditions, if the Customer continues to use the Contractor's Services and pay for them.
8.3. Confirmation of contract extension is the payment of funds by the Customer to the Contractor's current account for the next period of using the Services.
9. Procedure for terminating the contract
9.1. The Customer has the right to terminate this contract unilaterally by notifying the Contractor in writing no later than 24 (twenty-four) hours before the date of termination. At the same time, the Customer is obliged to pay for all services actually provided by the Contractor.
9.2. In case of violation of the terms of this Agreement and its annexes, the Contractor has the right to terminate this agreement unilaterally by notifying the Customer no later than 24 (twenty-four) hours before the moment of its termination.
9.3. In case of violation of the terms of this Agreement and its appendices, the Contractor has the right not to return the funds paid by the Customer to the Contractor's current account.
10. Force majeure
10.1. By force majeure circumstances (circumstances of force majeure), the parties understand extraordinary and unavoidable circumstances under the given conditions, which objectively make it impossible to fulfill the obligations stipulated in the terms of this Agreement.
10.2. The effect of such circumstances may be caused by:
10.2.1. exceptional weather conditions and natural disasters (for example, but not exclusively - hurricane, storm, strong storm, cyclone, tornado, flood, accumulation of snow, ice, hail, frost, freezing of the sea, straits, ports, passes, earthquake, fire, drought, lightning, subsidence and landslide, epidemic, etc.);
10.2.2. unforeseeable actions/inaction of a party that is not a party to the Agreement and/or which occur regardless of the will and desire of the party to the Agreement (for example, but not exclusively - strike, lockout, act of a public/foreign enemy, threat of war, declared and undeclared war, armed conflict or serious threat of such a conflict, hostilities, enemy attack, military invasion, introduction of curfew hours, disturbance, disorder, terrorist act, sabotage, piracy, blockade, revolution, mutiny, uprising, mass riot, public demonstration, general military mobilization, illegal actions of third parties, accident, fire, explosion, forced seizure, expropriation, requisition, seizure of enterprises, etc.);
10.2.3. conditions regulated by relevant decisions and acts of state authorities and local self-government bodies, as well as related to the elimination of consequences caused by exceptional weather conditions and unforeseen situations (for example, but not exclusively - embargo, closure of land or waterways, prohibition (restriction) of export/import, long interruptions in the operation of transport, etc.).
10.3. The Party for which force majeure circumstances have occurred (circumstances of force majeure) is obliged to inform the other Party about the occurrence of such circumstances and their consequences in writing (by sending a letter of value with a description of the attachment and a notice of delivery) no later than ten working days from the date of their occurrence. Together with the written notification, such Party is obliged to provide the other Party with a document issued by the Chamber of Commerce and Industry of Ukraine certifying the occurrence of force majeure circumstances (circumstances of force majeure). Similar conditions are applied by the Party in case of termination of force majeure circumstances (circumstances of force majeure) and their consequences.
10.4. Failure to notify/untimely notification by the Party for which force majeure circumstances (circumstances of force majeure) have occurred to the other Party about their occurrence or termination leads to the loss of the Party's right to refer to such circumstances as a basis that exempts it from responsibility for non-fulfillment/late fulfillment of obligations under this Agreement.
10.5. In the event of the existence of force majeure circumstances (circumstances of force majeure) for more than three months, any Party has the right to unilaterally withdraw from this Agreement. In this case, the Party must inform the other Party of its withdrawal from the Agreement in writing (by sending a letter of attachment with a description of the attachment and a notice of delivery). Together with the written notification, such Party is obliged to provide the other Party with a document issued by the Chamber of Commerce and Industry of Ukraine, which certifies the existence of force majeure circumstances (circumstances of force majeure) for more than three months. In this case, the Agreement is considered terminated from the day the Party receives the notification of the other Party's withdrawal from the Agreement or from the fifth calendar day from the date the Party sends the notification of withdrawal from the Agreement, depending on which event occurs earlier.
11. Other conditions
11.1. By concluding the Agreement, the Parties, in accordance with the Law of Ukraine "On the Protection of Personal Data", give mutual consent to each other for the processing of their personal data. The parties are informed that their personal data is included in the personal data database, and are also informed of their rights in accordance with the Law of Ukraine "On the Protection of Personal Data". Personal data is processed in accordance with the Privacy Policy.
11.2. None of the Parties has the right to transfer its rights and obligations under this Agreement to third parties without the written consent of the other Party.
11.3. Each Party guarantees to the other Party that it has the necessary legal capacity, but also all the rights and powers necessary and sufficient for the conclusion and execution of this Agreement in accordance with its terms.
11.4. All terms used in this Agreement and in the Appendices to the Agreement are understood by the parties in accordance with the interpretation and understanding of the definitions set forth in Section 1 of this Agreement.
11.5. Unilateral change of terms or refusal to fulfill the terms of the Agreement is inadmissible, with the exception of the cases provided for in this Agreement.
11.6. The customer confirms that he is familiar with and agrees with all annexes to this Agreement.
11.7. The executor confirms that he is a payer of income tax under general conditions at the rate stipulated by the Tax Code of Ukraine.
11.8. The contractor is included in the Register of operators, telecommunications providers in accordance with the decision of the National Commission on Communications Regulation of Ukraine from __________.
11.9. In cases not provided for in this Agreement, the Parties are governed by the current legislation of Ukraine.
11.10. The Parties agreed to the use (application) of facsimile reproduction of the signature of the Executive Director using mechanical copying means on all primary documents drawn up between the Parties and on other documents (letters, demands, documents confirming the facts of business transactions, additional agreements, etc.). A sample of a personal and facsimile reproduction of the signature of director Daniil Serhiyevich Brezhnev by means of mechanical copying: INSERT A SIGNATURE.
12. Settlement of disputes
12.1. All disputes that may arise between the parties under this Agreement or in connection with it will be resolved in the procedure of pre-trial dispute settlement in accordance with the current legislation of Ukraine.
12.2. In case of impossibility of resolving the dispute in accordance with Clause 11.1 of this Agreement, the dispute shall be resolved by the court in accordance with the requirements of the current legislation of Ukraine.