Public Offer (payments in UAH)

Public contract (offer) for the provision of hosting, server, server management and domain name registration services

Horhul Ihor Serhiiovych, individual entrepreneur (FOP) registered in Ukraine (hereinafter “the Contractor”), offers to any individual or legal entity (hereinafter “the Customer”) to enter into a contract for the provision of services on the terms set out below (hereinafter “the Contract”).

The Contract is a public contract (Article 633 of the Civil Code of Ukraine) and a contract of adhesion (Article 634 of the Civil Code of Ukraine): its terms are the same for all Customers. The Contract is concluded in electronic form in accordance with the Law of Ukraine “On Electronic Commerce”.

1. Scope

1.1. The Contract applies to Services that the Customer pays for in Ukrainian hryvnia — by bank card via the WayForPay payment service or by transfer to the Contractor’s current account with a Ukrainian bank. Payments under such invoices are received by the Contractor.

1.2. Services that the Customer pays for by other methods (card via Stripe, bank transfer in euro, cryptocurrency) are provided by inSave Hosting OÜ (Estonia) under the Terms of Service, and this Contract does not apply to them.

1.3. The Acceptable Use Policy, the Service Level Agreement, the Abuse and Notice Procedure and the plan description on the website at the time of the order form an integral part of the Contract. The processing of personal data is described in the Privacy Policy.

2. Definitions

• Website means insave.hosting and the client area at my.insave.hosting.
• Client Area means the web interface through which the Customer orders services, pays invoices, manages services and contacts support.
• Services means shared hosting, Managed WordPress, reseller hosting, OpenClaw hosting, virtual private (VPS) and dedicated servers, server management, registration and renewal of domain names, and SSL certificates.
• Plan means the set of resources and features and the price of a service as published on the Website.
• Billing Period means the period for which the Customer pays for a service (a month, a quarter, six months, a year, 2 or 3 years, depending on the Plan).

3. Subject of the Contract

3.1. The Contractor undertakes to provide the Customer with the Services the Customer selects, and the Customer undertakes to pay for them and use them in accordance with the Contract.

3.2. The scope, resources, specifications and hosting region of each Service are determined by the Plan description on the Website at the time of the order.

3.3. To provide the Services, the Contractor engages third parties: inSave Hosting OÜ (Estonia), which operates the platform and the Client Area, data centres in Germany and the USA, a domain name registrar, and payment services. The Contractor is liable to the Customer for their acts as for its own.

4. Conclusion of the Contract

4.1. This offer is accepted (Articles 641 and 642 of the Civil Code of Ukraine) when the Customer registers in the Client Area, confirming consent to the Contract, and pays an invoice for a Service.

4.2. The Contract is deemed concluded when the first invoice is paid. The Contract number is the Customer’s client number in the Client Area.

4.3. At the request of a Customer that is a legal entity or an individual entrepreneur (FOP), the Contractor provides certificates of services rendered in electronic form via the Vchasno service.

5. Prices and payment terms

5.1. Prices for the Services are shown on the Website. The amount payable in Ukrainian hryvnia is stated in the invoice. The Contractor pays the single tax and is not registered for VAT; therefore, no VAT is charged on the price of the Services.

5.2. The Services are paid on a 100% prepayment basis for the selected Billing Period by one of the methods available in the Client Area: by bank card via the WayForPay payment service, or by bank transfer to the Contractor’s current account against the issued invoice.

5.3. The Services renew automatically for the same Billing Period until the Customer cancels them. The renewal invoice is issued 10 days before the due date. The Billing Period can be changed, or a Service cancelled, in the Client Area at any time.

5.4. A Service renews at the price at which it was purchased. A new Plan price applies to new orders. If the Contractor needs to change the price of a Service already being provided, it gives advance notice by e-mail, and the Customer may cancel the Service before the change takes effect.

5.5. If an invoice is not paid by the due date, the Service is suspended. A Service that remains unpaid 30 days after the due date is terminated and its data is deleted. The time limits for domain names are set out in section 9.

6. Refunds

6.1. For the first order of a Service, the Customer may cancel it and receive a full refund of the Plan price within:

6.2. The money-back guarantee may be used once for each type of Service. It does not apply to renewals, Plan upgrades, or Services suspended or terminated for breach of the Contract or the Acceptable Use Policy.

6.3. Refunds are made in Ukrainian hryvnia by the same method used for payment, or to an account specified by the Customer.

6.4. Outside the periods set out in clause 6.1, cancelling a Service ends it at the end of the paid Billing Period, and payment for the current period is not refunded, except as provided by law.

6.5. Nothing in this Contract limits the rights of a Customer who is a consumer under the consumer protection legislation of Ukraine.

7. Rights and obligations of the Contractor

7.1. The Contractor undertakes to:

• provide the Services in accordance with the Plan description and the SLA;
• keep the platform running and secure, and apply security updates to the systems it manages;
• make backups as described in the Plan and store them in a country other than the one where the primary data is stored;
• not disclose the Customer’s data, except as provided by the Contract and the law;
• notify the Customer in advance of changes that require action on the Customer’s part.

7.2. The Contractor may:

• require confirmation of the Customer’s identity or payment method (copies of documents or BankID) to prevent fraud;
• suspend or terminate the Services on the grounds set out in section 11;
• update the platform’s software and hardware, provided that this does not degrade the Services paid for by the Customer during the paid Billing Period.

8. Rights and obligations of the Customer

8.1. The Customer undertakes to:

• provide complete and accurate details and keep them up to date; use a contact e-mail address on a domain that is not hosted with the Contractor;
• complete identity or payment method verification within 7 days of the Contractor’s request;
• keep passwords and access credentials secret and use two-factor authentication where available; all actions performed using the Customer’s credentials are deemed to have been performed by the Customer;
• comply with the Acceptable Use Policy;
• keep the software they install up to date (unless the Plan includes managed updates) and keep their own backups of important data;
• not host state information resources, or information whose protection is required by law and whose processing requires a comprehensive information protection system with confirmed compliance.

8.2. The Customer is responsible for the content of the materials they host, for the actions of their users, and for the software and AI agents they run on the Services.

8.3. The Customer has the right to:

• receive the Services in accordance with the Contract and the Plan description;
• receive information about the Services and contact support through the Client Area;
• cancel the Services at any time in the Client Area;
• submit complaints and suggestions regarding the quality of the Services.

9. Domain names

9.1. The Contractor is a reseller and registers domain names through the registrar Openprovider (Hosting Concepts B.V., the Netherlands) with the registries of the relevant domain extensions. The Contractor is not an ICANN-accredited registrar. The registrar of any domain can be checked at lookup.icann.org.

9.2. The Customer provides accurate registrant details and updates them within 7 days of any change. Deliberately providing false details, failing to update them, or failing to respond to a request to confirm them for more than 15 days is a material breach and may result in suspension or cancellation of the domain.

9.3. To register a domain, the registrant details are passed to the registrar and the registry, which may publish registration data in accordance with the rules of the domain extension. By providing details of other persons, the Customer confirms that those persons have been informed and agree.

9.4. Domain registrations are subject to the rules of the relevant domain extension and to ICANN policies, including the Uniform Domain-Name Dispute-Resolution Policy (UDRP), the URS procedure and the Transfer Dispute Resolution Policy. A domain may be suspended, cancelled or transferred to correct an error by the registrar or the registry, or to resolve a dispute. The Customer confirms that, to the best of their knowledge, the registration and use of the domain do not infringe the rights of third parties, and undertakes to indemnify the registrar and the registry against losses arising from claims relating to the Customer’s domain.

9.5. A domain renews automatically if auto-renewal is enabled and the invoice is paid before the registration expires. An unpaid domain enters the registry’s redemption period, during which restoring it may cost more; after that, it is deleted and becomes available to others. Prices for premium domains may be higher.

9.6. At the Customer’s request, the Contractor provides the authorisation code and removes the transfer lock within 5 calendar days, unless a registry rule or a court decision prevents it.

9.7. A registrant’s rights and responsibilities are set out by ICANN in Registrants’ Benefits and Responsibilities. The registrar’s terms are published at openprovider.com.

10. Intellectual property protection and complaints

10.1. Complaints about hosted materials are accepted at [email protected] and handled in accordance with the Abuse and Notice Procedure.

10.2. Notices requesting that an infringement of copyright and/or related rights be stopped are handled in the manner and within the time limits established by the Law of Ukraine “On Copyright and Related Rights”. On receiving a copy of such a notice from the Contractor, the Customer, as the website owner, must, within the period established by law, disable access to the relevant information or send a reasoned notice of refusal. If the Customer fails to do so, the Contractor restricts access.

11. Suspension and termination of Services

11.1. The Contractor may suspend a Service, fully or partly, if:

• an invoice is not paid on time (clause 5.5);
• the Customer’s details are inaccurate or the Customer has not passed verification;
• the Service breaches the Acceptable Use Policy or the law, or a substantiated complaint about illegal content has been received;
• the Service threatens the security or stability of the network or of other customers (in particular, it is compromised, sends spam or is under an attack that cannot be contained by other means);
• a court, an authorised public authority or a registry requires it.

11.2. Where possible, the Contractor first notifies the Customer and gives a reasonable period to remedy the breach. The Contractor acts without prior notice if there is an immediate threat to people, data or the network, or if the law prohibits giving notice. When restricting a Service because of its content, the Contractor informs the Customer of the reasons and of how to appeal.

11.3. The Contractor may terminate the Contract in respect of a Service if a breach is serious or repeated, or is not remedied within 14 days. After a Service is terminated, its data and backups are deleted and cannot be restored.

11.4. If the Contractor discontinues a particular Service, it gives at least 30 days’ notice and refunds the unused part of the paid period.

12. Personal data

12.1. The Contractor is the owner (controller) of the Customer’s personal data obtained for the conclusion and performance of the Contract, and processes it in accordance with the Law of Ukraine “On Personal Data Protection” for the purposes of providing the Services, settlements, preparing documents, preventing fraud and ensuring security.

12.2. inSave Hosting OÜ (Estonia) processes this data as a manager (processor) on behalf of the Contractor in order to operate the Client Area and the Services. The data may be stored on servers in EU countries and the USA, and may be transferred to domain registrars and payment services to the extent necessary to perform the Contract. For details, see the Privacy Policy.

12.3. The Customer has the rights of a personal data subject provided for in Article 8 of the Law of Ukraine “On Personal Data Protection”. Please send requests to [email protected].

12.4. With respect to the data that the Customer hosts on the Services, the Contractor acts solely as a technical intermediary and does not access it, except where necessary to provide the Services, to fix faults at the Customer’s request, or to comply with legal requirements.

13. Liability

13.1. The Contractor’s total liability for all claims connected with a Service in any 12-month period is limited to the amount paid by the Customer for that Service in that period. SLA service credits count towards this amount.

13.2. The Contractor is not liable for indirect losses or lost profits, or for loss of data that the Customer could have avoided by keeping their own backups.

13.3. These limitations do not apply to damage caused intentionally or through gross negligence, or where limitation of liability is prohibited by law, in particular by consumer protection legislation.

13.4. The Customer compensates the Contractor for losses and expenses caused by materials hosted by the Customer or by the Customer’s breach of the Contract.

14. Force majeure

The Parties are released from liability for failure to perform the Contract caused by force majeure circumstances that they could not foresee or prevent, such as natural disasters, war, acts of public authorities, large-scale failures of power and communication networks, attacks exceeding a reasonable level of protection, and the like. The Party affected by such circumstances notifies the other Party without undue delay. The time for performing obligations is extended for the duration of such circumstances.

15. Term, amendment and termination of the Contract

15.1. The Contract remains in force until terminated. The Services are provided during the paid Billing Periods.

15.2. The Contractor may amend the terms of the Contract by publishing a new version on the Website and notifying the Customer by e-mail at least 30 days before the changes take effect. If the Customer does not agree with the changes, they may cancel the Services before that date and receive a refund of the unused part of the paid period.

15.3. The Customer may terminate the Contract at any time by cancelling all Services in the Client Area.

16. Dispute resolution

16.1. The Parties resolve disputes through negotiation. The Customer’s claims are submitted through the Client Area or to [email protected] and are considered within 14 business days.

16.2. If a dispute is not settled, it is heard by a court in accordance with the legislation of Ukraine. The relations under the Contract are governed by the law of Ukraine.

17. Language of the Contract

The Contract is drawn up in Ukrainian. The Russian and English translations are provided for convenience; in case of any discrepancy, the Ukrainian version prevails.

18. Contractor’s details

Fizychna osoba-pidpryiemets Horhul Ihor Serhiiovych (FOP)

• Taxpayer number (RNOKPP): 3418309473
• Unified State Register record No. 2 224 000 0000 133479 dated 05.04.2019
• Place of registration: 20A Troitska St., Dnipro, Dnipropetrovsk region, 49101, Ukraine
• Single tax payer, not registered for VAT
• E-mail: [email protected]
• Phone: +380 97 513 5139
• Bank details are stated in the invoice.