Edition dated April 05, 2022
“I approve” Dean Jones
, General Director of NETOOZE - Cloud Technologies LTD
Public offer (agreement)
on providing access to the service
of renting computing resources
Limited Liability Partnership "NETOOZE LTD", hereinafter referred to as the "Service Provider", represented by the General Director - Shchepin Denis Luvievich, publishes this agreement as an offer to any individual and legal entity, hereinafter referred to as the "Client", rental services computing resources on the Internet (hereinafter referred to as the "Services").
This offer is a Public Offer (hereinafter referred to as the "Agreement").
Full and unconditional acceptance (acceptance) of the terms of this Agreement (Public Offer) is the registration of the Client in the accounting system from the website of the Service Provider ( netooze.com ).
1. Subject of the contract
1.1. The Service Provider provides the Client with services for renting computing resources, services for ordering SSL certificates, as well as other services provided for by the Agreement, and the Client, in turn, undertakes to accept these Services and pay for them.
1.2. The list of services and their characteristics are determined by the Tariffs for Services. Tariffs for services are published on the website of the Service Provider and are an integral part of this Agreement.
1.3. The terms of the provision of the Services, as well as additional rights and obligations of the Parties are determined by the Service Level Agreement (SLA) published on the website of the Service Provider ( netooze.com ).
1.4. The specified annexes to this Agreement are integral parts of this Agreement. In case of discrepancy between the terms of the Agreement and the Annexes, the Parties shall be guided by the terms of the Annexes.
1.5. The Parties recognize the legal force of the texts of notifications and messages sent by the Service Provider to the Client to the contact e-mail addresses specified by the Client in the Agreement. Such notifications and messages are equated to notifications and messages executed in a simple written form, sent to the postal and (or) legal address of the Client.
1.6. A simple written form is mandatory when exchanging claims and sending objections under the Service Acceptance Certificate.
2. Rights and obligations of the Parties
2.1. The Service Provider undertakes to do the following.
2.1.1. From the moment of entry into force of this Agreement, register the Client in the accounting system of the Service Provider.
2.1.2. Provide services in accordance with the Service Description and the quality defined in the Service Level Agreement.
2.1.3. Keep records of the Client's consumption of services using its own software.
2.1.4. Ensure the confidentiality of information received from the Client and sent to the Client, as well as the content of texts received from the Client by e-mail, except as provided by the legislation of the United Kingdom.
2.1.5. Inform the Client about all changes and additions to the Agreement and its annexes by publishing the relevant information on the Service Provider's website ( netooze.com ), and (or) by e-mail by sending a letter to the Client's contact e-mail address, and (or ) by phone, no later than 10 (ten) days before the start of their action. The date of entry into force of these changes and additions, as well as annexes, is the date indicated in the relevant annex.
2.2. The Client undertakes to do the following.
2.2.1. From the moment this Agreement comes into force, register in the accounting system from the Service Provider's website ( netooze.com ).
2.2.2. Accept and pay for the Services provided by the Service Provider.
2.2.3. Maintain a positive balance of the Personal Account for the purpose of proper provision of the Services.
2.2.4. At least once every 7 (seven) calendar days, get acquainted with the information related to the provision of Services to the Client, published on the website of the Service Provider ( netooze.com ) in the manner prescribed by this Agreement.
3. Cost of services. Settlement order
3.1. The cost of the Services is determined in accordance with the Tariffs for Services published on the website of the Service Provider.
3.2. Services are paid for by depositing funds to the Client's personal account. Services are paid in advance for any number of months of the expected use of the Services for the purpose of a positive balance of the Client's Personal Account.
3.3. Services are provided only if there is a positive balance on the Client's Personal Account. The Service Provider has the right to immediately terminate the provision of the Services in the event of a negative balance on the Client's Personal Account.
3.4. The Service Provider, at its discretion, has the right to provide Services on credit, while the Client undertakes to pay the invoice within 3 (three) business days from the date of its issuance.
3.5. The basis for issuing an invoice to the Client and debiting funds from the Client's Personal Account is data on the volume of Services consumed by him. The volume of services is calculated in the manner provided for in clause 2.1.3. present agreement.
3.6. The Service Provider has the right to introduce new Tariffs for Services, to make changes to existing Tariffs for Services with the obligatory notification of the Client in the manner prescribed in clause 2.1.5. present agreement.
3.7. Payment for the Services is made in one of the following ways:
- using bank payment cards on the Internet;
- by bank transfer using the details specified in Section 10 of this Agreement.
The payment order must originate from the Client and contain his identification information. In the absence of the specified information, the Service Provider has the right not to credit funds and suspend the provision of Services until the payment order is properly executed by the Client. The costs of paying the bank commission for the transfer of funds are borne by the Client. When making a payment for the Client by a third party, the Service Provider has the right to suspend the transfer of funds and request confirmation from the Client for the payment being made, or refuse to accept the corresponding payment.
3.8. The client is responsible for the correctness of the payments made by him. When changing the bank details of the Service Provider, from the moment the valid details are published on the website of the Service Provider, the Client is solely responsible for payments made using outdated details.
3.9. Payment for the Services is considered to be made at the moment of receipt of funds to the account of the Service Provider specified in Section 10 of this Agreement.
3.10. Since the formation of a zero balance on the Client's Personal Account, the Client's account is kept for 14 (fourteen) days, after this period all the Client's information is automatically destroyed. At the same time, the last 5 (five) days of this period are reserved, and the Service Provider is not responsible for the premature deletion of the Client's information. At the same time, saving the Client's account does not mean saving the data and information uploaded by the Client to the server of the Service Provider.
3.11. Information on the number of charges for services in the current month, received by the settlement system at the time of the request, can be obtained by the Client using self-service systems and other methods provided by the company. The specifics of providing this information can be found on the Provider's website netooze.com.
3.12. On a monthly basis, before the 10th day of the month following the reporting month, the Supplier generates a Service Acceptance Certificate containing all types of charges for the services provided in the reporting month, which are certified by fax and signed by an authorized person of the company and are legally significant documents. The act is a confirmation of the fact and volume of services rendered for the reporting period. The Parties agreed that the Service Acceptance Certificate is drawn up by the Supplier and the Client individually.
3.13. Services are considered rendered properly and in full, if, within 10 (ten) business days from the date of formation of the Service Acceptance Certificate, the Supplier has not received any claims from the Client regarding the quality and volume of the Services provided.
3.14. All legally significant documents can be made in electronic form and signed by authorized representatives of the Parties with an electronic digital signature by a duly registered certification center and transferred through an electronic document management operator. In this case, the messages and documents referred to in this paragraph are considered to be provided properly if they are sent through an electronic document management operator with delivery confirmation.
3.15. The period for the provision of Services under this Agreement is a calendar month unless otherwise provided by the annexes to the Agreement.
4. Liability of the Parties
4.1. The responsibility of the Parties is determined by this Agreement and its Annexes.
4.2. The Service Provider shall in no case, under any circumstances, be liable for direct or indirect damages. Indirect damages include, but are not limited to, loss of income, profits, estimated savings, business activity and goodwill.
4.3. The Client releases the Service Provider from liability for claims of third parties who have signed contracts with the Client for the provision of services, which are partially or fully provided by the Client using the Services under this Agreement.
4.4. The Service Provider considers only those claims and applications of the Client, which are made in writing and in the manner prescribed by the legislation of the United Kingdom.
4.5. In case of failure to reach an agreement between the Parties, the dispute is subject to consideration in the SIEC (specialized inter-district economic court) of Nur-Sultan (if the Client is a legal entity), or in a court of general jurisdiction at the location of the Service Provider (if the Client is an individual ).
4.6. As part of the resolution of disputes between the Parties, the Service Provider has the right to involve independent expert organizations when determining the fault of the Client as a result of his illegal actions when using the Services. If the fault of the Client is established, the latter undertakes to reimburse the costs incurred by the Service Provider for the examination.
5. Processing of personal data
5.1. The Client agrees to the processing of his personal data on his own behalf or has full authority to transfer personal data from the persons in whose name he orders services, including last name, first name, patronymic, mobile phone, e-mail address for the execution of this Agreement.
5.2. The processing of personal data means: collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (provision, access), depersonalization, blocking, deletion, and destruction.
6. Moment of entry into force of the Agreement. The procedure for changing, terminating, and terminating the Agreement
6.1. The Agreement comes into force from the moment of acceptance of its terms by the Client (acceptance of the offer) in the manner prescribed by this Agreement, and is valid until the end of the calendar year. The term of the Agreement is automatically extended for the next calendar year, if none of the Parties has declared its termination in writing at least 14 (fourteen) calendar days before the end of the calendar year. The Service Provider has the right to send a corresponding notification electronically by e-mail to the Customer's contact address.
6.2. The Client has the right to cancel the Services at any time by sending the appropriate notice to the Service Provider no later than 14 (fourteen) calendar days before the expected date of termination of the Agreement.
6.3. If the provision of services under this Agreement is terminated ahead of schedule, on the basis of the Client's application, the unused funds are returned, except as provided for in this Agreement and its annexes.
6.4. The Client undertakes to send an application for the return of unused funds to the mailbox of the Service Provider firstname.lastname@example.org.
6.5. Until the refund is made, the Service Provider has the right to demand confirmation by the Client of the data specified during registration (request for passport data/copy of passport/information about the place of registration of the Client at the place of residence / other identity documents).
6.6. If it is impossible to confirm the specified information, the Supplier has the right not to return the funds remaining to the Client's Personal Account. The transfer of unused funds is made exclusively by bank transfer.
6.7. Funds credited to the Client's Personal Account as part of special promotions and bonus programs are non-refundable and can only be used to pay for the Services under this Agreement.
7. Suspension of the Agreement
7.1. The Service Provider has the right to suspend this Agreement without prior notice to the Client and/or require a copy of the passport and information about the place of registration of the Client at the place of residence, other identity documents in the following cases.
7.1.1. If the way the Client uses the services under this Agreement may cause damage and loss to the Service Provider and/or cause a malfunction of the hardware and software equipment of the Service Provider or third parties.
7.1.2. Reproduction by the Client, transmission, publication, distribution in any other way, obtained as a result of using the services under this Agreement, of the software, fully or partially protected by copyright or other rights, without the permission of the Copyright Holder.
7.1.3. Sending by the Client, transmission, publication, distribution in any other way of information or software containing viruses or other harmful components, computer codes, files or programs designed to disrupt, destroy or limit the functionality of any computer or telecommunications equipment or programs, for the implementation unauthorized access, as well as serial numbers for commercial software products and programs for their generation, logins, passwords and other means for obtaining unauthorized access to paid resources on the Internet, as well as posting links to the above information.
7.1.4. Distribution by the Client of advertising information ("Spam") without the consent of the addressee or in the presence of written or electronic statements from the recipients of such mailing addressed to the Service Provider with claims against the Client. The concept of "Spam" is defined based on the general principles of business transactions.
7.1.5. Distribution by the Client and/or publication of any information that contradicts the requirements of the current legislation of the United Kingdom or international law or infringes the rights of third parties.
7.1.6. Publication and/or distribution by the Client of information or software containing codes, in their action corresponding to the action of computer viruses or other components equated to them.
7.1.7. Advertising of goods or services, as well as any other materials, the distribution of which is restricted or prohibited by applicable law.
7.1.8. Spoofing the IP address or addresses used in other network protocols when transferring data to the Internet.
7.1.9. Implementation of actions aimed at disrupting the normal functioning of computers, other equipment or software that do not belong to the Client.
7.1.10. Carrying out actions aimed at obtaining unauthorized access to a Network resource (computer, other equipment or information resource), the subsequent use of such access, as well as the destruction or modification of software or data that does not belong to the Client, without the consent of the owners of this software or data, or administrators of this information resource. Unauthorized access refers to access in any way other than that intended by the owner of the resource.
7.1.11. Carrying out actions to transfer meaningless or useless information to computers or equipment of third parties, creating an excessive (parasitic) load on these computers or equipment, as well as intermediate sections of the network, in volumes exceeding the minimum necessary to check the connectivity of networks and the availability of its individual elements.
7.1.12. Carrying out actions to scan network nodes in order to identify the internal structure of networks, security vulnerabilities, lists of open ports, etc., without the explicit consent of the owner of the resource being checked.
7.1.13. In the event that the Service Provider receives an order from a state body that has the appropriate powers in accordance with the provisions of the legislation of the United Kingdom.
7.1.14. When third parties repeatedly apply for violations by the Client, up to the moment the Client eliminates the circumstances that served as the basis for third-party complaints.
7.2. The balance of funds from the Client's account in the cases specified in clause 7.1 of this Agreement is not subject to return to the Client.
8. Other Terms
8.1. The Service Provider has the right to disclose information about the Client solely in accordance with the legislation of the United Kingdom and this Agreement.
8.2. In the event of claims regarding the information content of the account and (or) the resource of the Client, the latter agrees to the disclosure by the Service Provider of personal data to a third party (expert organization) in order to resolve the dispute.
8.3. The Service Provider has the right to make changes to the terms of this Agreement, Tariffs for Services, Description of Services, and the Rules for Interaction with the Technical Support Service unilaterally. In this case, the Client has the right to terminate this Agreement. In the absence of a written notice from the Client within ten days, the changes are considered accepted by the Client.
8.4. This agreement is a public contract, the terms are the same for all Clients, except for the cases of granting benefits for certain categories of Clients in accordance with the regulations adopted in the United Kingdom.
8.5. For all issues not reflected in this Agreement, the Parties are guided by the current legislation of the United Kingdom.
9. Appendices to this Agreement
10. Details of the Service Provider
Company: "NETOOZE LTD"
Bank Account Number: 28911337