The contract on rendering of services
1. General provisions
These General terms and conditions and service agreement (hereinafter "Agreement") concluded between https://blitz-host.com (hereinafter "Provider"), and any person, including, but not limited to legal and physical persons (hereinafter "Client") who uses any of the services provided by the Supplier, when used jointly referred to as the "Parties" and individually as a "Party".
The supplier undertakes for a fee to provide services (hereinafter "service"). This Agreement is legally binding for the entire subscription period the Customer. The countdown of the subscription period starts from the date of placement of order on the official website of the Supplier and ends thirty (30) calendar days from the date of the commencement of the count. Placing an order indicates that the Customer provides https://blitz-host.com an irrevocable offer on the conclusion of the Contract on the terms and in the manner set forth below in this Agreement, and that he has read the full text and all Annexes, understands their contents, agrees to them and undertakes to follow them.
2. The Subject Of The Contract
- 2.1 This Agreement shall enter into force from the date of placement of order on the official website of the Supplier and is valid for a prepaid period, except cases of early termination on the grounds provided for in this Agreement.
- 2.2 Provider provides paid Services to the Customer in the manner and on the terms provided for in the Treaty.
- 2.3 The customer pays for Paid services in the manner and on the terms provided for in the Treaty.
3. Cost of services and
- 3.1 The client is subject to a periodic subscription fee for the provided service Provider. The amount of the subscription fee is set according to the chosen tariff plan and listed on the official website of the Supplier. When reaching any of the limits, the Customer must contact the Supplier to change the tariff plan.
- 3.2 The supplier has the right in its sole discretion, but not more often than once a month, change the amount of the subscription fee. The supplier is obliged to notify the Client of such change not later than 7 (seven) calendar days before the date of introduction of the new subscription fees. If the Client does not agree with the amount of new subscription fee, he has the right to terminate the Agreement unilaterally, by sending the Supplier written notice. The Contract will be terminated the last day of the old subscription fee.
- 3.3 The supplier reserves the right to change components of tariff plans and introduce new and eliminate existing tariff plans.
- 3.4 The client agrees to fully pay the license fee for the use of the services provided by the Supplier, in the amount established by the plan.
- 3.5 The client undertakes to make every possible effort to prevent the occurrence of debts, for its part, also undertakes to notify the Supplier of their disagreement with the calculation of the amount of the payment not later than 3 (three) calendar days before the deadline for the implementation of the payment for the billing period.
- 3.6 The client undertakes to pay for services upfront payment. In case advance payment is not made within the period specified in the invoice, the Supplier is entitled to suspend the services by giving written notice emailed to the Client about the necessity of payment. However, if within 3 (three) working days of receipt of such notice, payment on account and is not made, the Supplier is entitled to terminate this Agreement unilaterally without further notification. Termination of the Contract in this case does not relieve the Customer from obligation to pay for the services actually rendered by the Supplier prior to the date of suspension.
- 3.7 The obligation of the Client, the payment is considered executed from the moment of receipt of money resources on the settlement account of the Supplier specified in the details of the invoice.
and data protection
- 4.1 The supplier and Customer undertake to keep strictly confidential any information which they exchange in fulfilling the terms of this Agreement, as well as information that became known to them or were obtained during their cooperation.
- 4.2 Confidential information shall include all internal or confidential information that one party (hereinafter "receiving Party") receives from the second party (hereinafter "disclosing Party") during negotiations or during the term of this Agreement, with respect to which the disclosing Party wishes to maintain as confidential, including (but not limited to) the following information: discoveries, ideas, concepts, know-how, techniques, designs, samples, software, data, designs, drawings, computer programs and documentation, proposals, patent applications, business information, strategic plans and development plans, employee lists, business manuals, marketing plans, workflows, web services, software components, technical or financial information transmitted by means of communication in oral, written, graphical, optical, electromagnetic or other form, and any other information that may be provided by the disclosing Party, or information which is not public and, to which the disclosing Party may provide access for the receiving Party or another person according to the terms of this Agreement.
- 4.3 Confidential information disclosed orally may be protected hereunder only if it is identified as confidential or proprietary (private) at the time of disclosure, in this case the fact of disclosure will subsequently be confirmed in writing within 30 (thirty) calendar days from the date of transfer of this information in oral form.
The parties undertake to take all reasonable steps to limit disclosure of confidential information during the term of this Agreement, and in the case of divorce — within 3 (three) years from the date of receipt of such information. In particular, but not limited to, those specified below, each party undertakes:
- 4.4.1 to safeguard and protect the confidential information from unauthorized use, publication or disclosure with all reasonable effort;
- 4.4.2 not to use the confidential information for any purpose other than the objectives necessary to fulfil the obligations of the Parties under this Agreement;
- 4.4.3 directly or indirectly, in any way, not to reveal, not to carry out reverse engineering or decompilation, and do not disassemble, do not report, publish, disclose, transmit, or otherwise use any confidential information except when it is approved by the disclosing Party in accordance with this Agreement;
- 4.4.4 not to use any confidential information for the purpose of illegal or unfair competition actions or obtain an improper advantage in relation to the disclosing Party in any commercial activity;
- 4.4.5 not to disclose confidential information to any person or entity, except as described in this Agreement, without the prior written consent of the disclosing Party.
The parties shall not be liable for the disclosure or use of confidential information given by the other Party if the information:
- 4.5.1 is or becomes publicly available at any time from any source is not the disclosing Party; or
- 4.5.2 provided for disclosure by the disclosing Party; or
- 4.5.3 was legally received from a third-party company or companies; or
- 4.5.4 is, at any point in time obtained by the receiving Party completely independently of any disclosure of such information by the disclosing Party.
- 4.6 Party is solely responsible for disclosure of the confidential information, except in the cases provided for by paragraph 4.5 of this Agreement.
- 4.7 Each Party undertakes in writing in the shortest possible time from the moment she became aware of it, notify the other Party of any disclosure, misappropriation or misuse of confidential information.
- 4.8 None of the Parties has the right to use the confidential information of the other Party in the provision of services to any third party without the prior written permission of the disclosing Party, except in cases of joint cooperation with the disclosing Party.
- 4.9 To obtain written consent to disclose confidential information the Party that has the intention to disclose such information, shall send the Disclosing party a written request via e-mail. If within 7 (seven) working days from the date of receipt of a request, the Disclosing party will not send a response letter of its agreement or disagreement with the disclosure and consent is being obtained.
5. Rights and obligations
- 5.1 Provider pursuant to this Contract, undertakes an obligation at the optimum level to maintain performance. The customer receives the service directly from the Supplier, provided that the balance Provider is positive.
The supplier reserves the right, from time to time on a regular basis, carry out routine maintenance to enhance, improve or support an appropriate level of service. On planned maintenance, the Supplier shall notify the Customer within 24 hours.
- 5.2.1 The supplier shall promptly notify Client about the occurrence of such event, the validity period of which the Supplier is entitled to suspend the provision of these services.
- 5.2.2 For continuous and timely informing of their Customers, and in order to transmit to the Client notifications under client portal (or notification sent by electronic mail or other means of communication), the Supplier is obliged under good faith to take all necessary measures to prevent it. Under the customer portal for the purposes hereof shall mean a personal account of the Client the link: https://blitz-host.com/user/
- 5.2.3 The supplier is not obliged to make a refund of funds previously paid by the Client for the provided service is rendered during the period to planned maintenance.
- 5.2.4 The supplier is not obliged to refund the funds paid by the Client for properly rendered services in the past period of time, regardless of whether the used Client provided services or not. The supplier is not obliged to make a refund if services were terminated due to Client's fault.
- 5.3 The supplier and its subcontractors do not bear full and exclusive responsibility for the fact that the services may contain errors, are not uninterrupted or fault-tolerant, and does not guarantee the conformance with Customer expectations. Any information provided by the Vendor and its subcontractors or agents, in any case can not be regarded as declaring such safeguards.
The supplier is entitled to suspend or stop providing all or part of the services if the Client is in breach of the stipulated in the present Contract obligations, or in cases when the Provider deems such action reasonable and necessary to prevent damage or avoid other negative consequences.
- 5.4.1 a Customer cannot meet its obligations to the Supplier;
- 5.4.2 the lack of Internet connection due to local network problems or Internet problems in the external resources of the provider, as well as in cases when the malfunction of the Internet, transmission medium or equipment between the provider and the Client, due to other factors;
- 5.4.3 non-compliance with Client instructions and requirements made by the Supplier in respect of the services provided;
- 5.4.4 Customer use equipment and software that was not approved by the Supplier and improper operation of equipment and software;
- 5.4.5 not providing or providing services of inadequate quality due to scheduled or unscheduled inspections carried out by the Supplier with the aim of optimizing the provision of services;
- 5.5 In order to improve the quality of services, and in connection with any emerging risk factors, taking into account the category of the website and/or the nature of its content and settings for its protection, the supplier has the right to offer the Client a more suitable plan than the one that was previously selected by the Client.
- 5.6 In the case of non-payment of services after the date of payment, the service will be blocked by the Provider. In the case of non-payment of services within 30 days of blocking, the supplier has the right to completely remove the service of the client.
6. Rights and obligations
- 6.1 The client agrees to fully pay the license fee for the use of the services provided by the Supplier.
- 6.2 In case of detection of unavailability of the service or problems that may affect the quality of the service, the Customer shall immediately, but no later than 24 hours from the occurrence of such event, notify the Vendor by e-mail. The absence of such notification relieve the Supplier from responsibility for the deterioration of the service quality or the suspension of its provision occurring during the period of validity of the relevant events.
- 6.3 In the process of using the services, Customer agrees to comply with the established standards of business ethics and in any form not violate the rights and legitimate interests of the Supplier and/or third parties. The client confirms that it has no intent to implementation with the help provided by the service Provider actions that violate any local, state, national or international laws, legislation, regulations, rules, or regulations. If the Supplier becomes aware that such a violation he has the right to unilaterally terminate this Agreement by notifying the Client via email. The cost paid will not be refunded.
- 6.4 The client acknowledges and agrees that the service is provided through a single and shared infrastructure. The Client's access to additional services is terminated in case of expiry of the term of providing basic services. The provider assumes no duty to Client to provide any assistance to, or otherwise associated with the transition of the Client to an alternative provider of similar services.
The client agrees to use by the Supplier of the services exclusively for legitimate purposes, to prevent abuse. In any of mentioned in this clause of the Contract, but not limited to, it shall be considered that the Customer has violated the terms of this Agreement:
- 6.5.1 the initiation, assisting, abetting or use of a domain name or URL that is hosted by the Supplier to the Client or end-user Client, for sending or redirect any malicious traffic;
- 6.5.2 the use by Customer using the services provided by the Provider, a domain name (including redirection to websites) to create, transfer, distribution or storage of materials, information and methods or actions that: infringe trademark rights, patents, copyrights, trade secrets, or other rights to intellectual property; breach of confidentiality of personal data, public or other personal rights of third parties; use tools designed for compromising security (including software for password recovery, tools for hacking or other tools for network scanning); violate international standards of export control, information security or anti-terrorism laws; violate the banking secret; violates the privacy of communications, whether by vulgar content, threats, blackmail, discrimination, violence or incitement, with malicious intent against a particular group of people; use tools for the purpose of harassment; use of the content knowingly contain viruses or content that provokes any crime or civil unrest;
- 6.5.3 any Client attempts to hack, manipulate, seduce, pander, or to facilitate manipulation or hacking of the security modules of the network Provider or of any of its system (including to obtain unauthorized access to information or use of information, system or network; scan or test system or network vulnerability; breaches of security measures; unauthorized monitoring of information or traffic; interference with the normal provision of services to any client, host or network; substitution of any header TCP/IP packets and any other part of the message header);
- 6.5.4 using a domain hosted by a Vendor or service Provider, to distribute a large number of materials exactly the same content or sending them back to the theme of the conference in the form of spam messages.
- 6.5.5 sending large number of emails to individuals who did not Express a desire to receive them, regardless of what provoked this newsletter complaints from the recipients, whether there was the presence of falsified headers and false contact information (Provider has a policy that does not allow sending spam messages, abusive messages and messages containing advertising to persons who expressed a desire to receive them).
- 6.6 The supplier reserves the right to immediately suspend or terminate the service if it deems that the Client has been or currently is abusing the services. The termination of services implies that the Client will no longer be able to access or use any of the services provided to him before, until, until confirmed or refuted the fact of the violation of this Agreement. The supplier undertakes to take all necessary effort for the early establishment of the actual circumstances. The client agrees to make any reasonable efforts to cooperate with the Supplier.
- 6.7 The client acknowledges that Provider exercises no control over the content or information passing through the Provider's network. The supplier is not responsible for the existence of illegal content or information. By using the service, the Customer shall not be installed on your server software, which can complicate or hinder the normal functioning of the equipment which the Supplier uses to provide the service.
- 6.8 The client agrees on the principles of fair cooperation to protect the reputation of the Supplier throughout the term of this Agreement and at the end of it. The client agrees to provide complete, accurate and relevant information requested by the Supplier under this Contract. To maintain the required level of reliability of information the Client throughout the term of the Contract undertakes to inform the Provider of any significant changes in their data. The customer agrees that the Supplier has the right to contact him for information that is regarded by the Vendor as information of interest to the Client. These messages may include promotional e-mails and letters containing information about improving services or products, notifications of changes in the services provided, as well as notifications about new products and services or any other information associated with the above-mentioned cases. The client agrees that the Provider has the right to use the name (corporate name) of the Client in advertising newsletters for the respective marketing purposes.
- 6.9 The client undertakes not to install the scripts mentioned in Appendix No. 2 to the hosting account or a VPS. The placement of any of these scripts will result in immediate blocking of your account, until the removal of the content. In cases where such content was downloaded by the Client, the Supplier reserves the right to delete your account without refund.
7. Guarantees and compensations
- 7.1 The client gets a reliable service Provider in the form of a set of functional parameters stated in this Agreement; the Client agrees to use the service only in such manner as was provided during the development or adaption of the Supplier.
- 7.2 The customer is entitled to a full or partial refund for the service charge if the actual use of the service prevented her unavailability, caused by the wrongful actions of the Supplier. For the purposes of the Agreement under unavailability of service means — complete unavailability of the service Client.
- 7.3 In the event of Customer unavailability of services and timely inform the Supplier, as required by paragraph 6.2 of this Agreement, the Supplier shall immediately, but not later than 24 hours after receipt of the notice from the Client to inform him about the causes of the failure and the period of time it will take to resolve the interruption in service provision if needed to eliminate problem actions are the responsibility of the Supplier.
- 7.4 The client agrees that the refund of the amounts they will be subject to the following terms, conditions, and timeframes: the Provider does not provide refunds to persons who have purchased or received a service through Resellers, distributors, or through private entities. Refunds apply only to services covered by a tariff or charge for exceeding the limits of the tariff plan, and will not apply to any other professional or specifically designed services offered by the Provider. A full refund will be issued only at the written request of the Client and shall be effected by crediting funds to the balance of his personal account.
- 7.5 A full refund of the payment should be made no later than 1 (one) calendar month from the date of receiving a written request for refund from the Client, but only in case if unavailability of the service lasted more than 12 hours during this month, and the Provider was informed about this, as required by paragraph 6.2 hereof.
8. Liability Of The Parties
- 8.1 The Internet consists of many independent networks of interacting that are not managed and are not tracked by the Provider. The client acknowledges this and agrees not to place the responsibility on the Vendor for any problems caused by inappropriate operation of these networks. In such cases, if the online services provided by Internet service provider, or any of the online networking environment is not functioning properly and the services or the network may not be used as intended — there may be temporary or permanent, partial or complete interruptions in the delivery of services for a certain period of time.
- 8.2 The client agrees that Provider is not responsible for losses or additional expenses of the Customer caused by unavailability of services due to malfunction or interrupts the operation of the network (networks) Internet provider. Neither these circumstances, nor abuse by the Client is not subject to the Provider.
- 8.3 The supplier is responsible neither to the Client nor to third parties for any breaches of security requirements of the network, system or equipment of the Customer, and any loss or theft of information transmitted over the Internet or located on computers directly connected to the Internet. Neither the Supplier nor any other party associated with the installation, provision, suspension or disconnection of services as well as any party working in support services will not be liable to Client or any third party for any lost profits, data, equipment, unavailability of the network or web site if any or any loss arising from the above, and will not accept claims under this Agreement, even if the Supplier will inform the client of the possibility of such losses. Supplier, under any circumstances, is not liable for any damage caused by third parties or any losses and unearned income of the Customer and third parties arising out of your use of the services provided.
- 8.4 The client agrees to the principles of fair cooperation to protect Provider from fraudulent claims for the situations described in this section of this Agreement, from ourselves and from third parties and not to impose on them the liability to the Provider, including its officers and Trustees, employees and independent contractors, partners, agents, and to protect the Supplier against all damages, costs, liability, lawsuits, and damages.
- 8.5 The client agrees to protect the Provider from risks, investigations, processes and vessels arising from violations by the client or its employees, customers, subscribers, business partners, agents, representatives or other end-user services. In this case, each end user must be informed by the Customer about all requirements of this Agreement, if the user is authorized by the Client or any of the other listed parties to use the services, either already uses or has access to the services through the equipment or Client's funds. The client is obliged to seek to prevent violations of the safeguards, their representatives, and violations of these agreements, as well as prevent any behavior defined as abuse; prevent negligence or deliberate malevolent behavior by its representatives; protect the Provider from any indictment resulting from the use of the services by the Customer or his representatives
- 8.6 The parties shall not be liable for failure to perform its obligations due to force majeure ("force majeure") that is, events that he could not foresee or prevent, including but not limited to the following: military actions, terrorist acts, epidemics, embargoes, natural disasters, strikes, interruption or delay in the supply of telecommunication services, actions undertaken by the providers or manufacturers, interruption of power supply required for providing the service and the requirements and acts of the government. The time of execution of the obligations under Contract is postponed until the termination of such circumstances and their consequences. If their action continues for more than three months, either Party has the right to withdraw from the Contract, thus giving the other Party the amount paid after deduction of their verifiable costs.
- 8.7 Under no circumstances will the Provider will not be liable to the other Party for direct or indirect damage of any nature, including listed below, but not limited to: loss of enterprise income, profits, intangible assets, increase in value or incur additional costs, pay for the attorney; it does not matter whether or not the damage is the result of contract, tort or strict liability.
- 8.8 The customer is responsible for the untimely transferred the payment for services rendered in the form of fines of 0.1% of unpaid amount per each day of delay.
9. Restrictions and license
- 9.1 All rights and interests relating to all services and names of contractors, Provider network and any technology used by the Provider to provide the services, and all related technology, such as computer code and other materials, and results of operations (including domain name server, proxy system, routers and switches, IP network, software, information and knowledge) and all intellectual property built into this structure or derived from it, will fully be considered to be the property of Supplier and its licensors.
- 9.2 The supplier shall be entitled to provide the Customer a limited, fully free or fully paid, subject to cancellation rights not specifically granted to third parties, and not subject to sublicense, solely for the purpose of development of own activities of the Client and only for the time specified by the period of using the service.
- 9.3 Neither the Customer nor any other person acting on its behalf, may not modify, adapt, sublicense, transfer, or resell for profit, distribute or create derivative works based on purchased for their own use the property of the Supplier. Supplier and its licensors retain all exclusive rights.
- 9.4 No part of this Agreement shall not entitle the Customer to resell the services to or sell any of the components acquired for your own use of the services and materials of or derived from those versions, directly and through third parties, as well as to advertise their services, product or subscription for the user.
10. Final provisions
- 10.1 The supplier has the right at any time to revise and Supplement this Agreement. In case the Vendor through any means of communication, including via our client portal, notifies the Client of the occurrence of such change and the Customer does not Express their disagreement within 5 (five) working days, any changes and additions to this Contract become effective and will apply to Customer in full.
- 10.2 By entering into this Agreement the Client confirms voluntary transmission Provider, any information given to them in the registration form. The supplier acknowledges that all data transmitted by the Client, under the influence of the mode of confidentiality, the Supplier undertakes to use all confidential information solely to perform its obligations hereunder.
- 10.3 After the conclusion of the present Agreement all previous oral and written agreements between the Parties are void. This Agreement is the main document governing relations between these Parties.
- 10.4 The supplier is not obliged to act as third party in litigation to the Client.
- 10.5 All Annexes to this Contract are its integral part.
- Services – providing the client with the necessary instruments, control panels, software and hardware, by means of which the Client may use the hosting services of the Contractor.
- Paid services – the hosting service for which the Client is obliged to make payment to the Contractor.
- The client – a physical or legal person who has concluded with the Contractor, this Contract.
- The content files, information, content, materials, which the Customer uses, downloads, and features on their websites.
- Third person – any natural or legal person, organization, or company participating in this Agreement.
- Account – a set of tools with which the Customer can create, manage your website, databases, email accounts and all other tools in the hosting control panel.
- Account – the area in which the Customer can create accounts, pay bills, register and transfer domains to contact the technical support of Contractor.
- Server – hardware and software, hosting accounts, web sites and other Customer data.
- Your hosting plan – a set of options, services, products and capabilities that can be used by the Client.
- Disk space – dedicated account, the Customer server space.
- Traffic – the total volume of incoming and outgoing to/from the server(a) information/data for a certain period of time.
- Adult content files, images and any other information of erotic or pornographic nature.
- Warez – program, script, which is distributed by illegal means, or violates copyright.
- Phishing activity which seeks to obtain confidential information (passwords, pin codes, credit card numbers, etc.) website visitors.
- Hacking – the attempted hacking of any systems, sites, third party programs, with the aim of causing material or moral damage or seize information.
- Spam – mass mailing of advertising or any other e-mails, the users of the network that do not Express the desire to receive these emails.
- Enode – folders, files uploaded to the server. 1 inode=1 folder or 1 file on the server.
- Ticket request technical support By sending e-mails from the account of the Client.
- Backup – backup files.
Appendix No. 2
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