1. General Provisions
1.1. The services offered on the site ua-hosting.company on behalf of SIA “UA-Hosting” (“the Contractor”), are hereinafter referred to as the Services.
1.2. The individuals and legal entities receiving the above services are hereinafter referred to as Clients.
1.3. This agreement (“the Contract”) is a public offer, the equivalent of an “oral agreement” and is legally valid under the current laws of the companies’ country of registration.
1.4. By paying for services, the Client thereby confirms he/she has fully read, understood and agrees with the terms and conditions of the Contract.
2. Subject Matter
2.1. Under this Contract, the Client orders for, while the Contractor agrees to provide the Services to the Client.
2.2. The Client undertakes to accept and pay for the services provided by the Contractor in the order and on the terms and conditions defined in this Agreement, according to the tariffs valid at the moment of payment, specified on the Contractor’s website. All prices for services do not include VAT.
3. Payment Procedure
3.1. Order placement and registration is carried out by the Customer through the automatic billing system available at the Internet address.
3.2. During registration, the Client must specify his/her real data, by filling in all the required fields.
3.3. Payment for services is made by the client through the billing system on the website, except in cases of manual payment.
3.4. All Services are provided only after 100% prepayment.
3.5. For manual payment, the Client should contact the Sales Department to arrange the payment procedure.
3.6. Due date for cloud VPS and servers is set to 1st day of month. Minimal contract term is 1 full month plus remaining days in the month when order was provided. An invoice for the remaining days (pro-rata) will be created after service provisioning. Client has to pay this invoice in14-day period.
3.7. In case of exceeding the traffic limit for cloud VPS and servers, which are provided with limited traffic, the Client is obliged to make an additional payment of $10/TB for cloud VPS and dedicated servers or connect an additional traffic package of $15/10TB on a permanent basis (without the possibility of refusal regardless of the service to which it is added). The Customer shall monitor traffic consumption independently.
3.8. Services are blocked if they or the pro-rata are not paid within the deadline established by the Contract.
3.9. For cloud VPS and servers, the Client should renew his services or notify the Contractor of his/her intention to terminate the services before the 20th day of the last paid month.
3.9.1 The Contractor reserves the right to charge a fine of 10% of the amount not paid on time, in case of late payment of the invoice by the Client. This measure is applied in order to compensate for possible losses of the Contractor related to the need to take measures for debt collection.
3.10. In case one of conditions of paragraph 3.9 was failed, Services may be blocked on the 21st day of the last paid month.
3.11. For shared hosting accounts, the Customer must renew the service or send a notice of refusal to prolong the contract no later than 5 (five) calendar days before the expiration date.
3.12. Any refund will be denied if termination of service is caused by the Customer’s violation of the rules set forth in this offer.
3.13. Funds deposited to the balance in the billing system can be used exclusively for payment of our services, except in cases of affiliate payments.
3.14. The Contractor reserves the right to index the tariffs for the Services annually with a maximum increase of (a) four percent (4%); or — if higher — (b) by the officially established inflation rate for the previous year. The application of this indexation, resulting in an automatic adjustment of the cost of tariffs, will take place annually on the anniversary date of the relevant Services Agreement (subject to the continuation of the Services beyond the next year). In the case of multiple services with different Contract start dates, the rate adjustment will be automatically applied to the month(s) in which the specific service(s) terminates the regular year. The Contractor may notify the amount of indexation by posting an announcement on its website and/or by e-mail message indicating the amount of the annual tariff change for information purposes, regardless of its right to automatically issue invoices for payment at the adjusted tariffs.
3.14.1 The Customer may avoid indexation of tariffs by upgrading the current agreement to an agreement with a longer payment period (3, 6, 12 or 24 months). In this case, the Customer has the right to make such an upgrade gradually, moving from the current payment period first to the next (for example, from month to quarter), and then, if necessary, to subsequent longer periods.
3.14.2 Upon termination of this Agreement, if the Customer places an order for additional services in the amount of at least 25% of the annual volume of services provided under this Agreement (based on the monthly payment) or performs any upgrade of the currently used services, the Customer shall retain the right to use the current tariffs. In case of subsequent cancellation of part of the services (reduction of the total subscription fee), the Customer undertakes to place an order for services of compensatory value or to pay tariff indexation at the rate of 4% for each elapsed month in the new calendar year.
3.15. Additionally and irrespective of the annual price indexation set out in clause 3.13, the Contractor reserves the right, at its discretion, to automatically increase any tariffs for the Services in case of an increase in the cost of license fees, suppliers’ tariffs, costs of goods and services, software, equipment, usage licenses, utilities, taxes, as well as other costs and expenses included by the Contractor in the cost price of the Services provided.
4. Administration and Technical Support
4.1. All dedicated servers will be provided by the Contractor without administration services, unless there is a individual agreement with the Client.
4.2. Initial setup includes OS setup only. No additional software is installed and configured by default. If you order a server with CentOS and ISPmanager panel it is also possible to configure RAID1/10 and install ISPmanager with default settings. If Client needs such configuration he/she has to create a support ticket with the request.
4.3. The Contractor should provide the Client with root access to the server via SSH (Linux OS) or Administrator access via RDP (remote desktop) (Windows OS). Once the Client successfully connects for the first time, all the Contractor’s obligations on administration of the server software will be deemed performed in full. From then on, the Client shall administer the server on his/her own.
5. Blocking cloud VPS, servers and virtual hosting / partnership termination
5.1. It’s strictly forbidden to publish the following content:
5.1.1. Child porn.
5.1.2. Incitement to violence.
5.1.3. Incitement to hatred of any kind.
5.1.4. Scam, phishing.
5.1.5. Viruses and malware software.
5.1.6. Private data without a proper publication permission.
5.1.7. Sale and/or distribution of psychoactive substances.
5.1.8. Any other materials that may break the laws of the country where the data is hosted.
5.2. To ascertain the circumstances or cause, the Contractor reserves the right to temporarily disable the Client’s cloud VPS, servers and virtual hosting / terminate partnership under the following events:
5.2.1. Services have not been paid for on time.
5.2.2. Spam in all its forms.
5.2.3. The IP address of the server is blacklisted.
5.2.4. Participation in outgoing DOS/DDoS attacks.
5.2.5. Hosting of open proxy, open VPN and other publicly available services without approval.
5.2.6. Publishing any materials listed in section 5.1.
5.2.7. Deliberate actions by the Client, which interfere with the normal operation of other servers, network nodes, and the activities of other clients.
5.2.8. Hosting of resources with high CPU/RAM consumption and large number of requests to the hard disk on the server.
5.2.9. Intensive incoming DDOS attack on the Client’s server preventing the network from functioning normally.
5.2.10. Using the Contractor’s services for any unlawful purpose.
5.2.11. Inappropriate communication with the Contractor’s employees, including rudeness, use of indecent language and threats.
5.2.12. Not responding to content complaints from copywriting organizations and other establishments.
6. Responsibility of the parties
6.1. The Executor does not bear the responsibility:
6.1.1. For any losses or damages (including loss of data) caused to the Customer or the third parties as a result of using of Services.
6.1.2. For the content, reliability and quality of any information, which transfer, accept or store as a result of using of Services.
6.1.3. For the content, reliability and quality of information, which belongs to the Customer or is placed on the Server of the Customer, or distributed from the Server of the Customer.
6.1.4. For working capacity of Software of the Customer in case of absence of the additional agreement.
6.1.5. For working capacity of the Internet as a whole and communication channels of the third parties, to which the Executor is connected.
6.1.6. For quality of work of the services necessary for rendering of Services if they are organized by the third parties.
6.2. The Customer bears independently full responsibility for conformity of information placed on its servers to the current legislation of Latvia (including for use of counterfeit and (or) illegal software and data). In case of receipt from the third parties of the proved claims concerning infringement of the law or the Contract with the fact of use, placement or distribution by the Customer of any information, software, data as a result of using Services, the Executor can suspend rendering of Services up to settlement of disputes when due hereunder. Thus, the Customer pays only for actually rendered Services.
6.3. The Customer is independently responsible for the content of the transferred information using of Services as well as for its reliability, and legitimacy of its distribution.
6.4. The Customer is independently responsible for the damage caused by its actions during using of Services to the person or property of citizens, legal bodies, to the state or moral principles of society.
6.5. In case of intervention of the Customer in any hardware of the Telecommunications network, the Customer compensates to the Executor cost of the damaged hardware and repair work in full in order defined by the current legislation of Latvia.
6.6. For non-fulfillment or improper fulfillment of the terms hereof, the Parties bear the responsibility according to this Contract and requirements of the current legislation of Latvia. The Parties should settle all disputes and disagreements, which arise at fulfillment of contract provisions, by negotiations. Otherwise, all disputes and disagreements are subject to consideration in Economic court of Latvia, which decision is definitive for the Parties.
6.7. In case of incurring losses by the Executor as a result of judgments, in which it has acted as a respondent and the claim subject was the damage caused to the third parties during performance of the present Contract by it, the Customer recovers to the Executor such damages in full within the month from the date of accepting of the corresponding invoice.
6.8. The Customer bears the responsibility for placement or distribution of pornographic materials and any materials of sexual and erotic character, appeals to racism and violence, as well as references to other resources, which contain similar materials according to the current legislation of Latvia.
7. Duration and Termination
7.1. The Contract shall come into force once the Client pays for the Services.
7.2. The Contract shall be deemed terminated if the Client stops using the Services rendered by the Contractor or if either party fails to comply with the terms and conditions hereunder. If the Client terminates the server lease (or account server hosting) contract and at the same time if the Contractor meets its obligations hereunder, the money paid for the hosting server shall be non-refundable and used to cover the costs incurred by the hosting server installation.
1.1. The services offered on the site ua-hosting.company on behalf of SIA “UA-Hosting” (“the Contractor”), are hereinafter referred to as the Services.
1.2. The individuals and legal entities receiving the above services are hereinafter referred to as Clients.
1.3. This agreement (“the Contract”) is a public offer, the equivalent of an “oral agreement” and is legally valid under the current laws of the companies’ country of registration.
1.4. By paying for services, the Client thereby confirms he/she has fully read, understood and agrees with the terms and conditions of the Contract.
2. Subject Matter
2.1. Under this Contract, the Client orders for, while the Contractor agrees to provide the Services to the Client.
2.2. The Client undertakes to accept and pay for the services provided by the Contractor in the order and on the terms and conditions defined in this Agreement, according to the tariffs valid at the moment of payment, specified on the Contractor’s website. All prices for services do not include VAT.
3. Payment Procedure
3.1. Order placement and registration is carried out by the Customer through the automatic billing system available at the Internet address.
3.2. During registration, the Client must specify his/her real data, by filling in all the required fields.
3.3. Payment for services is made by the client through the billing system on the website, except in cases of manual payment.
3.4. All Services are provided only after 100% prepayment.
3.5. For manual payment, the Client should contact the Sales Department to arrange the payment procedure.
3.6. Due date for cloud VPS and servers is set to 1st day of month. Minimal contract term is 1 full month plus remaining days in the month when order was provided. An invoice for the remaining days (pro-rata) will be created after service provisioning. Client has to pay this invoice in
3.7. In case of exceeding the traffic limit for cloud VPS and servers, which are provided with limited traffic, the Client is obliged to make an additional payment of $10/TB for cloud VPS and dedicated servers or connect an additional traffic package of $15/10TB on a permanent basis (without the possibility of refusal regardless of the service to which it is added). The Customer shall monitor traffic consumption independently.
3.8. Services are blocked if they or the pro-rata are not paid within the deadline established by the Contract.
3.9. For cloud VPS and servers, the Client should renew his services or notify the Contractor of his/her intention to terminate the services before the 20th day of the last paid month.
3.9.1 The Contractor reserves the right to charge a fine of 10% of the amount not paid on time, in case of late payment of the invoice by the Client. This measure is applied in order to compensate for possible losses of the Contractor related to the need to take measures for debt collection.
3.10. In case one of conditions of paragraph 3.9 was failed, Services may be blocked on the 21st day of the last paid month.
3.11. For shared hosting accounts, the Customer must renew the service or send a notice of refusal to prolong the contract no later than 5 (five) calendar days before the expiration date.
3.12. Any refund will be denied if termination of service is caused by the Customer’s violation of the rules set forth in this offer.
3.13. Funds deposited to the balance in the billing system can be used exclusively for payment of our services, except in cases of affiliate payments.
3.14. The Contractor reserves the right to index the tariffs for the Services annually with a maximum increase of (a) four percent (4%); or — if higher — (b) by the officially established inflation rate for the previous year. The application of this indexation, resulting in an automatic adjustment of the cost of tariffs, will take place annually on the anniversary date of the relevant Services Agreement (subject to the continuation of the Services beyond the next year). In the case of multiple services with different Contract start dates, the rate adjustment will be automatically applied to the month(s) in which the specific service(s) terminates the regular year. The Contractor may notify the amount of indexation by posting an announcement on its website and/or by e-mail message indicating the amount of the annual tariff change for information purposes, regardless of its right to automatically issue invoices for payment at the adjusted tariffs.
3.14.1 The Customer may avoid indexation of tariffs by upgrading the current agreement to an agreement with a longer payment period (3, 6, 12 or 24 months). In this case, the Customer has the right to make such an upgrade gradually, moving from the current payment period first to the next (for example, from month to quarter), and then, if necessary, to subsequent longer periods.
3.14.2 Upon termination of this Agreement, if the Customer places an order for additional services in the amount of at least 25% of the annual volume of services provided under this Agreement (based on the monthly payment) or performs any upgrade of the currently used services, the Customer shall retain the right to use the current tariffs. In case of subsequent cancellation of part of the services (reduction of the total subscription fee), the Customer undertakes to place an order for services of compensatory value or to pay tariff indexation at the rate of 4% for each elapsed month in the new calendar year.
3.15. Additionally and irrespective of the annual price indexation set out in clause 3.13, the Contractor reserves the right, at its discretion, to automatically increase any tariffs for the Services in case of an increase in the cost of license fees, suppliers’ tariffs, costs of goods and services, software, equipment, usage licenses, utilities, taxes, as well as other costs and expenses included by the Contractor in the cost price of the Services provided.
4. Administration and Technical Support
4.1. All dedicated servers will be provided by the Contractor without administration services, unless there is a individual agreement with the Client.
4.2. Initial setup includes OS setup only. No additional software is installed and configured by default. If you order a server with CentOS and ISPmanager panel it is also possible to configure RAID1/10 and install ISPmanager with default settings. If Client needs such configuration he/she has to create a support ticket with the request.
4.3. The Contractor should provide the Client with root access to the server via SSH (Linux OS) or Administrator access via RDP (remote desktop) (Windows OS). Once the Client successfully connects for the first time, all the Contractor’s obligations on administration of the server software will be deemed performed in full. From then on, the Client shall administer the server on his/her own.
5. Blocking cloud VPS, servers and virtual hosting / partnership termination
5.1. It’s strictly forbidden to publish the following content:
5.1.1. Child porn.
5.1.2. Incitement to violence.
5.1.3. Incitement to hatred of any kind.
5.1.4. Scam, phishing.
5.1.5. Viruses and malware software.
5.1.6. Private data without a proper publication permission.
5.1.7. Sale and/or distribution of psychoactive substances.
5.1.8. Any other materials that may break the laws of the country where the data is hosted.
5.2. To ascertain the circumstances or cause, the Contractor reserves the right to temporarily disable the Client’s cloud VPS, servers and virtual hosting / terminate partnership under the following events:
5.2.1. Services have not been paid for on time.
5.2.2. Spam in all its forms.
5.2.3. The IP address of the server is blacklisted.
5.2.4. Participation in outgoing DOS/DDoS attacks.
5.2.5. Hosting of open proxy, open VPN and other publicly available services without approval.
5.2.6. Publishing any materials listed in section 5.1.
5.2.7. Deliberate actions by the Client, which interfere with the normal operation of other servers, network nodes, and the activities of other clients.
5.2.8. Hosting of resources with high CPU/RAM consumption and large number of requests to the hard disk on the server.
5.2.9. Intensive incoming DDOS attack on the Client’s server preventing the network from functioning normally.
5.2.10. Using the Contractor’s services for any unlawful purpose.
5.2.11. Inappropriate communication with the Contractor’s employees, including rudeness, use of indecent language and threats.
5.2.12. Not responding to content complaints from copywriting organizations and other establishments.
6. Responsibility of the parties
6.1. The Executor does not bear the responsibility:
6.1.1. For any losses or damages (including loss of data) caused to the Customer or the third parties as a result of using of Services.
6.1.2. For the content, reliability and quality of any information, which transfer, accept or store as a result of using of Services.
6.1.3. For the content, reliability and quality of information, which belongs to the Customer or is placed on the Server of the Customer, or distributed from the Server of the Customer.
6.1.4. For working capacity of Software of the Customer in case of absence of the additional agreement.
6.1.5. For working capacity of the Internet as a whole and communication channels of the third parties, to which the Executor is connected.
6.1.6. For quality of work of the services necessary for rendering of Services if they are organized by the third parties.
6.2. The Customer bears independently full responsibility for conformity of information placed on its servers to the current legislation of Latvia (including for use of counterfeit and (or) illegal software and data). In case of receipt from the third parties of the proved claims concerning infringement of the law or the Contract with the fact of use, placement or distribution by the Customer of any information, software, data as a result of using Services, the Executor can suspend rendering of Services up to settlement of disputes when due hereunder. Thus, the Customer pays only for actually rendered Services.
6.3. The Customer is independently responsible for the content of the transferred information using of Services as well as for its reliability, and legitimacy of its distribution.
6.4. The Customer is independently responsible for the damage caused by its actions during using of Services to the person or property of citizens, legal bodies, to the state or moral principles of society.
6.5. In case of intervention of the Customer in any hardware of the Telecommunications network, the Customer compensates to the Executor cost of the damaged hardware and repair work in full in order defined by the current legislation of Latvia.
6.6. For non-fulfillment or improper fulfillment of the terms hereof, the Parties bear the responsibility according to this Contract and requirements of the current legislation of Latvia. The Parties should settle all disputes and disagreements, which arise at fulfillment of contract provisions, by negotiations. Otherwise, all disputes and disagreements are subject to consideration in Economic court of Latvia, which decision is definitive for the Parties.
6.7. In case of incurring losses by the Executor as a result of judgments, in which it has acted as a respondent and the claim subject was the damage caused to the third parties during performance of the present Contract by it, the Customer recovers to the Executor such damages in full within the month from the date of accepting of the corresponding invoice.
6.8. The Customer bears the responsibility for placement or distribution of pornographic materials and any materials of sexual and erotic character, appeals to racism and violence, as well as references to other resources, which contain similar materials according to the current legislation of Latvia.
7. Duration and Termination
7.1. The Contract shall come into force once the Client pays for the Services.
7.2. The Contract shall be deemed terminated if the Client stops using the Services rendered by the Contractor or if either party fails to comply with the terms and conditions hereunder. If the Client terminates the server lease (or account server hosting) contract and at the same time if the Contractor meets its obligations hereunder, the money paid for the hosting server shall be non-refundable and used to cover the costs incurred by the hosting server installation.
