This version of the Agreement is only for informational use – the only valid version is the Russian one.
PUBLIC AGREEMENT
for providing hosting services
This public agreement (hereinafter referred to as the Agreement) establishes responsibilities on the provision of services to Open Contact Ltd. (hereinafter referred to as the Contractor), represented by director Andrei Alexandrovich Ivanov, acting on the basis of the Charter, on the one part, with regard to consumer of services (hereinafter referred to as the Customer), on the other part (the Contractor and the Customer are hereinafter referred to as the Parties), as well as establishes responsibilities of the Customer who accepted (provided with an acceptance) the Agreement in accordance with the order set forth in the Agreement.
1. DEFINITIONS USED IN THE AGREEMENT
1.1. The service control panel is an interface for the interaction of the Customer, including sending them a task for the provision of a service, and the Contractor during the provision and consumption of the Contractor’s services organized on the information resource of the Contractor at the Internet address https://domain.by. Access to the control panel shall be provided with the use of authorization (login and password).
1.2. The Personal Account of the Customer (hereinafter referred to as the Personal Account) – control panel Section informing the Customer about the monetary funds contributed by him to the settlement account of the Contractor and intended for the accounting such funds and their writing off by the Customer for the payment of the Contractor’s services. The Personal Account has a number assigned to the Customer when registering it at the Contractor’s information resource in the Internet https://domain.by.
2. SUBJECT OF THE AGREEMENT
2.1. The Contractor at the instruction of the Customer shall provide one of the hosting services (hereinafter referred to as the Hosting) in accordance with Annex No. 1 to this Agreement: “Specifications for the hosting services” (hereinafter referred to as the Specifications) and Annex No. 2 to this Agreement: “Tariffs of Open Contact Ltd. for the hosting services (hereinafter referred to as the Tariffs).
2.2. The domain name, tariff plan and period for providing services shall be specified by the Customer in the application for the Hosting.
3. PROCEDURE OF CONCLUDING THE AGREEMENT
3.1. The Agreement placed at the information resource of the Contractor at the Internet address https://domain.by shall be an offer (public offer), addressed to any number of unspecified persons, to conclude an agreement on the conditions specified in this Agreement to anyone who responds (clause 2, Art. 407 of the Civil Code of the Republic of Belarus).
3.2. The conditions of the Agreement shall be considered to be accepted by the Customer if the Customer has ordered Hosting by means of submitting an application through the control panel.
3.3. The Agreement shall be concluded from the moment of payment for the service by Customer in accordance with clause 6.2.6 or 6.3. of the Agreement.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Contractor shall be obliged:
4.1.1. To perform works in compliance with the Specifications for the hosting services in accordance with the tariff plan chosen by the Customer within 3 working days from the moment of conclusion of the Agreement.
4.1.2. To maintain the Hosting within the term of its validity.
4.1.3. To inform the Customer of any material changes in the software and hardware complex used for the provision of services under this Agreement.
4.1.4. To perform the state registration of the Customer’s information resource (Web-site) in the State Register of information networks, systems and resources of the national segment of the Internet located in the territory of the Republic of Belarus, on the basis of the application, after the payment of state registration of the website in BELGIE.
4.1.5. To renew the term of validity of the Hosting within 3 working days from the date of payment for the services provided by the Customer in accordance with clause 6.2.6 or 6.3 of this Agreement.
4.2. The Contractor shall be entitled to suspend the operation of the Customer’s Hosting without the notification in the following cases:
4.2.1. Upon expiration of the term of validity of the service.
4.2.2. If the Customer partially or fully does not comply with the conditions of the Agreement.
4.2.3. Upon revelation of the unauthorized access to the WWW-server of the Customer.
4.2.4. If the operation of the Hosting results in the disruption of the operation of the hardware and software complex or the telecommunications infrastructure of the Contractor.
4.2.5. In case of detection of the information resources which didn’t pass the state registration in accordance with the established procedure, or providing by the Customer false information on information resources.
4.3. The restoration of the Hosting operation suspended in accordance with clause 4.2.2, clause 4.2.3, clause 4.2.4 of the Agreement shall be performed after eliminating violations of the Customer.
4.4. The Customer shall be obliged:
4.4.1. To take all practicable measures to ensure the safety of the login and password for access to the Hosting.
4.4.2. To take all practicable measures to ensure the safety of the login and password for access to the control panel.
4.4.3. To inform the Contractor immediately about all suspicions of the unauthorized use of the login and password for access to the Hosting.
4.4.4. To inform the Contractor immediately about all suspicions of the unauthorized use of the login and password for access to the control panel.
4.4.5. To inform about the change in his details or the termination of use of information resource not later than 5 days from the date of such changes in the manner specified in clauses 7.2, 9.3.2. and 11.3.2 of the Agreement.
4.4.6. On the demand of the Contractor to provide the documents (originals or copies certified in the proper manner), confirming the accuracy of the details indicated at the registration within three days from the moment of receipt of such a demand.
4.4.7. Timely to provide to the Contractor full and reliable data for registration of information resources in the State register, and to pay the cost of the state registration in accordance with the Contractor’s tariffs, operating at the time of registration.
4.4.8. To carry out the state registration of the additional domain in the service control panel, after creation of the additional domain in the hosting control panel.
4.5. The Customer shall be entitled:
4.5.1. To renew the term of validity of the Hosting the operation of which is suspended in accordance with clause 4.2.1 of the Agreement, within 30 days from the date of expiration of the term of validity of the Hosting.
4.5.2. To change the current tariff plan for the Hosting by means of submitting the application to the Contractor in the prescribed form.
4.6. The Customer shall not be entitled to use the services of the Contractor for the following illegal acts:
4.6.1. Storage and/ or distribution of any information contrary to the law of the Republic of Belarus or the international law.
4.6.2. Publication or transmission of any information or the software that contains malicious programs and can disrupt normal operation of computers and/ or computer networks.
4.6.3. Mass distribution of emails of advertising or other character, except for the cases when such a distribution is carried out with the consent of the receivers who clearly confirmed the consent to receive such letters from the Customer by their actions.
4.6.4. Distribution of materials protected by copyright without permission of the right holder.
4.6.5. Performing the actions resulting in the overload or the system failure, the security breach, as well as exercising the attempt of the unauthorized access to the resources of the Contractor and to other networked resources.
4.6.6. Placement of network services and creation of processes that cause excessive load on the equipment and communication channels of the Contractor.
4.7. The abovementioned illegal acts of the Customer in clause 4.6. of the Agreement are not full, and any act of the Customer raising doubts in its validity can be classified as illegal.
5. LIABILITY OF THE PARTIES
5.1. The Contractor shall be financial liable for failure to comply with his obligations under the Agreement in the amount that does not exceed the amount of the service paid by the Customer.
5.2. The Customer shall be liable in accordance with the law of the Republic of Belarus for failure to comply with his obligations in accordance with clause 4.4 of the Agreement.
5.3. The Customer shall be liable for the information placed by him with the use of the Customer’s services.
5.4. The Customer shall be liable for all activities in the network performed with the use of the login and the password for access to the service control panel and/ or the control panel of the Hosting by himself or other persons, including damages of any kind caused to the Customer or the third parties due to the loss of the login and the password.
5.5. The Customer shall be liable for violation of the resolution of the Council of Ministers on April 29, 2010 No. 644 “On some issues to improve the use of the national segment of the global Internet” in providing information necessary to carry out state registration of an information resource in the State Register.
5.6. The Contractor’s liability shall be limited by the software and hardware complex of the Contractor and the point of linking the network of data transfer of the Contractor with the operator of the Internet, providing the Contractor with the services on the data transfer.
5.7. The Contractor shall not be liable for shutdowns of the WWW-server of the Customer due to the fault of the third parties, as well as the circumstances beyond the control of the Contractor such as instability of operation of the Internet telecommunications infrastructure.
6. COST OF SERVICES. PROCEDURE OF SETTLEMENTS AND ACCOUNTING
6.1. The cost of the Hosting shall be determined on the basis of the amount, nature and duration of the ordered service in accordance with the Tariffs applicable on the date of payment for the service.
The payment currency is agreed by the Parties in the invoice.
6.2. Refilling of the Personal Account in control panel:
6.2.1. The Customer shall refill his Personal Account performing the payment which allows the Contractor to identify it in accordance with clause 6.2.2 of the Agreement.
6.2.2. The Contractor shall identify the Customer’s payment on the basis of the following details from the payment document: Personal Account number, Customer details. When making payment by cash settlement centers, self-service terminals, ATMs of banks, connected to the system «Raschet» (ERIP), the Contractor shall identify the Customer’s payment on the basis of Personal Account number.
6.2.3. The date of the identification shall be considered the day of provision of payment documents by the bank of the Contractor that allow to identify the payment of the Customer.
6.2.4. The Contractor shall reflect the monetary funds on the Personal Account of the Customer within 3 working days from the date of the payment identification.
6.2.5. The monetary funds reflected on the Personal Account, but not written off by the Customer, shall not be a commercial loan.
6.2.6. Payment for the services through control panel shall be performed by writing off the funds from the Personal Account at Customer’s option.
6.3. Payment for the services on the basis of the invoice (order):
6.3.1. The Customer shall perform the payment which allows the Contractor to identify it in accordance with clause 6.3.2. of the Agreement.
6.3.2. The Contractor shall identify the Customer’s payment on the basis of the following details from the payment document: invoice number (order number), Customer details. When making payment by cash settlement centers, self-service terminals, ATMs of banks, connected to the system «Raschet» (ERIP), the Contractor shall identify the Customer’s payment on the basis of order number.
6.3.3. The date of the identification shall be considered the day of provision of payment documents by the bank of the Contractor that allow to identify the payment of the Customer.
6.4. At the primary order of the Hosting the term of validity of the service shall be calculated from the date of payment for the Hosting performed in accordance with clause 6.2.6 or 6.3. of this Agreement and shall correspond to the period specified by the Customer when writing off the monetary funds.
6.5. When extending the Hosting the term of duration of the service shall be calculated from the date of the end of the previous paid period and shall correspond to the period specified by the Customer when writing off the monetary funds or specified in the paid invoice.
6.6. The service shall be considered to be provided from the date of performance of his obligations by the Contractor in accordance with clause 4.1.1. или 4.1.5. of the Agreement.
6.7. The services have an indivisible nature and shall be taken into account by the Contractor from the date of writing off of monetary funds by the Customer to pay for the service from his Personal Account in accordance with clause 6.2.6. of the Agreement or from the payment date in accordance with clause 6.3. of the Agreement.
6.8. The fact of provision of the service shall be confirmed by the Report for provided services which is formed on the last day of the reporting month for all services provided to the Customer within one Personal Account.
6.9. Invoices and Reports for provided services in the electronic form shall be available to the Customer in control panel. If required, the Customer can get original documents from the Contractor.
6.10. In case of suspension of operation of the Hosting in accordance with clause 4.2 of the Agreement the tariffication shall be performed in full.
6.11. When changing the current tariff plan of the Hosting for the tariff plan the cost of which is higher, the Customer shall make an additional payment in accordance with the Tariffs. In this case the number of days in a month is considered to be 30. The tariff plan shall change after processing the application to change the tariff plan of the Hosting by the Contractor and writing off the monetary funds from the Personal Account.
6.12. The change of the current tariff plan of the Hosting for the tariff plan the cost of which is lower, can be made only from the date of expiration of the term of validity of the service.
6.13. In case of early termination of the Agreement the monetary funds paid by the Customer for the Hosting service shall not be returned, and the liabilities of the Contractor under the Agreement shall be considered to be fulfilled.
7. CORRESPONDENCE AND RELATIONS OF THE PARTIES
7.1. Working correspondence (notifications, questions, advice) shall be performed by e-mail.
7.2. Official correspondence (statements, suggestions, complaints, claims) under the Agreement shall be in writing and transferred to the counter-party in the form of a postal mail or by the courier. The date of receipt of a postal correspondence shall be considered the fifth working day following the date of shipment, which is determined by the postmark of the telecommunications agency.
7.3. In their relations the Parties shall be governed by the applicable law of the Republic of Belarus.
7.4. The Customer can send to the Contractor his claims executed in accordance with clause 7.2. of the Agreement not later than 5 working days from the date of expiration of the term of validity of the service.
7.5. All unresolved disputes on the performance of the Agreement shall be settled by the Economic Court of the city of Minsk. All court proceedings and examinations shall be performed in Russian. Before bringing the suit the Party shall send a written claim to the other Party, which should give a written answer to the claim within 30 days.
8. FORCE MAJEURE
8.1. In case of occurrence of force majeure circumstances which includes natural disasters, accidents, fires, riots, strikes, military actions, illegal actions of third parties, entry into force of legislative acts, executive orders and prescriptions of governmental organizations, directly or indirectly prohibiting the activities specified in the Agreement that affect the implementation by the Contractor and/ or the Customer of its functions under the Agreement and other circumstances beyond the expression of the will of the Contractor and the Customer, they shall be exempted from liability for failure to perform or improper performance of their obligations.
9. TERM OF VALIDITY AND PROCEDURE OF TERMINATION OF THE AGREEMENT
9.1. The Agreement shall be valid for an indefinite period of time.
9.2. The Agreement shall be considered to be terminated, and the Customer’s Hosting shall be deleted after 30 days from the date of expiration of the term of validity of the service.
9.3. The Agreement can be terminated early in the following cases:
9.3.1. If the Customer fails to eliminate the breach of the Agreement committed by him.
9.3.2. Upon the application of the Customer about the termination of the Agreement provided to the Contractor.
9.3.3. Under the court decision.
10. PROCEDURE OF INTRODUCTION OF CHANGES INTO THE AGREEMENT
10.1. The Contractor shall be entitled to introduce changes into the Agreement unilaterally.
10.2. The changes introduced into the Agreement shall enter into force three calendar days after the posting a new edition of the Agreement at the information resource of the Contractor at the Internet address https://domain.by.
10.3. The changes introduced into the Agreement by the Contractor due to the changes of normative legal acts shall enter into forth from the date of entry into force of these normative legal acts.
10.4. The changes introduced into the tariffs for the hosting services shall enter into force from the moment of the posting a new tariffs at the information resource of the Contractor at the Internet address https://domain.by.
10.5. The Customer shall be obliged independently to monitor the changes introduced into the Agreement at the information resource of the Contractor at the Internet address https://domain.by. The continuation of use of the service by the Contractor shall be the consent of the Customer with the amended conditions of the Agreement.
11. DETAILS OF THE PARTIES
11.1. The Contractor’s details:
| Name of the organization: | Open Contact Ltd. |
|---|---|
| Postal address: | PO Box 86, 220004 Minsk-4, Belarus |
| Registered address: | 17 Kalvariyskaya St., office 518, Minsk |
| Telephone: | +375 (17) 388-28-85 |
| E-mail: | info@domain.by |
| E-mail of technical support: | support@domain.by |
| For payment in в BYN: | IBAN: BY74BLBB30120100008738001001 BSC No. 537 of Belinvestbank JSC, 5 Mogilyovskaya St., Minsk, Belarus, BIC: BLBBBY2X |
| For payment in USD, EUR, RUB: (*for non-residents of Belarus only) |
IBAN: BY50OLMP30120000537040000840 – USD BY10OLMP30120000537040000978 – EUR BY34OLMP30120000537040000643 – RUB Belgazprombank, 60/2 Pritytsky St., Minsk, Belarus, BIC: OLMPBY2X |
| TIN: | 100008738 |
11.2. The Customer shall introduce his details through the control panel.
11.3. About the fact of changing the details the Parties shall inform each other in the following manner:
11.3.1. The Contractor shall publish new details in the text of the Agreement at the information resource of the Contractor at the Internet address https://domain.by.
11.3.2. The Customer shall independently introduce changes into the details that are available for editing in the control panel not later than 30 calendar days from the date of such changes.
Annex 1
Specifications for the hosting services
Virtual hosting
shall be valid from June, 03, 2017
| Tariff plan | Plan xS | Plan S | Plan M | Plan L | Plan XXL | Plan Max |
|---|---|---|---|---|---|---|
| Disk Space (Gb) | 1 | 4 | 8 | 12 | 20 | 40 |
| Websites Allowed | 1 | 2 | 10 | 15 | 30 | Unlimited |
| MySQL databases | – | 2 | 20 | Unlimited | Unlimited | Unlimited |
| Mailboxes | 10 | 20 | Unlimited | Unlimited | Unlimited | Unlimited |
| Subdomains and addon domains | 5 | 10 | 15 | 30 | Unlimited | Unlimited |
| Traffic | Unlimited | Unlimited | Unlimited | Unlimited | Unlimited | Unlimited |
| SSH access | No | Yes | Yes | Yes | Yes | Yes |
Software:
- UNIX (Linux 2.6.x, 3.10.x).
- CGI-BIN, Perl, PHP5.
- Apache 2.2.x, 2.4.x with the support of mod_rewrite, .htaccess, restriction of access to directories.
- PHP 5.2, 5.3, 5.4, 5.6, 7.0, 7.1 (modules gd2,exif,iconv,mbstring,xml,xslt,mysql,pdo-mysql,ttf,Zend Optimizer v3.x.x, Zend OPcache v7.x.x).
- Perl 5.8.x, 5.10.x, 5.16.x (modules CPAN, installation of modules at the request).
- MySQL 5.1.x, 5.5.x, 5.6.x (with the support of InnoDB).
Specified limits
| php: max_execution_time | 30 sec. |
| php: memory_limit | xS: 64 Mb, S, M, L: 128 Mb, XXL, Max: 256 Mb |
| php: default_socket_timeout | 5 sec. |
| http: maximum length of the HTTP-request | 30 Mb |
| mysql: maximum number of database connections for one user | 20 |
| mysql: maximum database size | 2 Gb |
| smtp: maximum speed of receiving e-mails | 100 per hour |
| smtp: maximum e-mail size | 50 Mb |
| imap, pop3: maximum number of the synchronous connections from the same IP | 20 |
All tariff plans include:
- control panel of hosting in Russian (cpanel).
- Daily backup.
- Unlimited number of FTP Accounts.
- Running scripts according to the schedule (crontab).
- Detailed visiting statistics of sites (Webalizer/AwStats).
- Access to mail boxes by means of protocols SMTP, POP3, IMAP, Web, SSL.
- Unlimited number of mail autoanswers, redirections and aliases.
Annex 2
Tariffs of Open Contact Ltd. for the hosting services
Virtual hosting
| Tariff plan | xS | S | M | L | XXL | Max |
|---|---|---|---|---|---|---|
| Amount for 1 month, Bel. roubles | 6,30 | 13,80 | 18,60 | 24,15 | 28,98 | 37,95 |
| Amount for 3 months, Bel. roubles (discount 5 %) | 17,96 | 39,33 | 53,01 | 68,83 | 82,59 | 108,16 |
| Amount for 6 months, Bel. roubles (discount 10 %) | 34,02 | 74,52 | 100,44 | 130,41 | 156,49 | 204,93 |
| Amount for 12 months, Bel. roubles (discount 15 %) | 64,26 | 140,76 | 189,72 | 246,33 | 295,60 | 387,09 |
Prices without VAT.
Hosting tax for registration in THE REPUBLICAN UNITARY ENTERPRISE FOR SUPERVISION ON TELECOMMUNICATIONS «BELGIE»
| Services | Bel. roubles |
|---|---|
| Hosting tax for registration in BELGIE | 24,00 |
Prices without VAT.