The Statements

The Sinarohost LTD, hereinafter referred to as the Performer, shall provide Services indicated below, to any physical or legal person, hereinafter referred to as the Client.

This Proposal represents a Public Offer (hereinafter referred to as the Contract). The unconditional acceptance of the present Contract (the Public Offer) is the payment of the Services by the Client.

  1. General Conditions

    1. The Subject of the Contract is as follows:
      1. The Performer’s Physical Server Rent (hereinafter referred to as the Server).
      2. The Additional Performer’s Equipment Rent if requested by the Client.
      3. The Associated Services if requested by the Client.
      4. The Equipment connecting to the Internet.

        (The abovementioned services hereinafter together referred to as the Services).

    2. The Equipment shall be provided by the Performer and located in the Data Center in Netherlands.
    3. All telematic and other communication services shall be provided by the Performer.
  2. Rights and Obligations of the Parties

    1. The Performer is obliged to as follows:
      1. Provide the Client with the rented Equipment of the Performer.
      2. Connect the rented Server and additional equipment rented by the Client to the Internet by the port of 100 or 1000 Mb/s in accordance with the selected Rate. Connection shall be realized through the Ethernet Interface. The data shall be transferred by the Internet Protocol.
      3. Provide access to the information and reference system through virtual Personal Account on the website in the Internet.
      4. Provide the double time for allocation free of charge subject to any crash caused by the Performer that resulted in impossibility to connect the Client’s Equipment to the Internet.
      5. Do everything possible to remove malfunctions which block the Services within one hour since the Client’s request.
      6. Ensure conditioning and temperature control of premises essential for the work of Servers and other telecommunication equipment.
      7. Ensure energy supply from two independent bushings with the Automatic Bushing Permutator (ABP) and the Uninterruptive Power Supply (UPS).
    2. The Client is obliged to as follows:
      1. Pay off the Performer’s Services for the next period well-timed, i.e. not later than one day prior to the end of the paid rent period of the Server.
      2. Repay the debt in full prior termination of the Service, i.e. at the last day of the Service when cancellation the Contract.
      3. Assist the Performer within the period of providing Services by oral or written consultations, explanations and submitting any other additional information that can be requested by the Performer with the aim of providing Services.
      4. Indicate only trustworthy information about oneself, namely:
        1. Physical Persons shall indicate First Name, Second Name, Middle Name, date and place of birth, passport data and address of permanent registration.
        2. Individual Entrepreneurs shall indicate the State Registration Certificate, full name and address of registration.
        3. Legal Persons shall indicate the Primary National Registration Number, Tax Payer Number, Industrial Enterprises Classifier Number, legal address, banking details, post and full name of the director.

          If failed to receive the requested result, the Performer shall pay back to the Client money for the non-provided Services.

      5. Inform the Performer about changing the contact person or the legal person details, identification document data as well as contact telephone number and email.
      6. Learn information about provided Services and Rates at the website of the Performer.

        Non-payment of the Performer’s Services for the next equipment renting period by one day prior to the end of the paid period is the unconditional basis for the Contract cancellation.

    3. The Client has the right to as follows:
      1. Check any time the progress and quality of the Services provided by the Performer.
      2. Make proposals aimed at improvement of the result obtained.
      3. Request any time the change of Rate starting from the next renting period.
      4. Order additional Services to be provided by the Performer.
      5. Waive any time from any Services provided by the Performer subject to payment for the already provided Services.
      6. Request the repayment for the Services off-period not caused by the Client.
    4. The Performer has the right to as follows:
      1. Withdraw the Contract if the Client breaks the customaries, for instance, mass e-mail spamming, worm propagation, software cracks and pirated software distribution, copyright violation, breaching of legislation and other cases of impairment to someone from the part of the Client.
      2. Disable Internet access and electrical power supply of Server in case of breaching the Contract terms and conditions by the Client, for instance:
        1. Arrears with Services Payment by the Client.
        2. Complaints about Client from other Internet users, if such complaints relate to e-mailing without recipients’ consent.
        3. Breach of network ethics, worm propagation, unlicensed software music and video distribution.

          Whereas the Client shall be obliged to pay off the rented equipment of the Performer.

      3. Extend the Contract Services deadline at own discretion in case of the Services Schedule breakdown due to the fault of the Client.

        If failed to receive the required result, the Performer shall refund money for the non-provided Services to the Client.

  3. Schedule and Acceptance of the Services

    1. The Services shall be provided according to the following periods: monthly, quarterly, six-monthly, annually.
    2. The Services shall be deemed provided upon termination of every period.

      If failed to submit within 5 working days since termination the Contract by the Client neither motivated refuse nor reclamations as to the quality of the Services, the Services shall be deemed accepted.

  4. Contract Period

    1. The Contract shall come into effect since Advanced Payment made by the Client.
    2. The Contract shall be concluded for the paid period with the following automated renewal subject to none Party announces about termination the Contract or breaks the Contract terms and conditions.
    3. The termination of the Contract shall not dispense any Party from its Contract liabilities to other Party.
  5. Payment Terms and Cost of Services

    1. The Contract Services Cost consists of the fixed part monthly payment for the Services listed in the Clauses 1.1.1, 1.1.2, 1.1.3.
    2. The current month fixed part payment and the last month variable part shall be made on the basis of the Advanced Payment not later than 1 day prior to the paid period termination.
    3. The cost of the Services shall be calculated individually in accordance with the Rates and prices.
  6. Liabilities of the Parties

    1. The Performer shall bear responsibility to the Client for the non-fulfillment or improper fulfillment of the Contract obligations as follows:
      1. Breaking the time limits of the Internet access provision due to the fault of the Performer.
      2. Non-provision of the communication Services for the transmission of data specified in the Contract due to the fault of the Performer.
      3. Improper provision of the communication Services due to the fault of the Performer.
    2. The Performer shall not bear responsibility for the quality of the common use communication channels used for the Services access.
    3. The Client shall bear full responsibility for the risks related to the Internet usage.
    4. The Performer’s responsibility shall not exceed the cost of fixed part monthly payment of the Client.
    5. Otherwise, the Parties shall bear responsibility for the non-fulfillment of the Contract obligations in compliance with the Contract and current legislation of The Netherlands.
  7. Settlement of Disputes

    1. All disputes and disagreements occurred during execution of the Contract shall be resolved by negotiations.
    2. If failed, the disputes shall be resolved through legal proceedings at the location of the Performer.
  8. Force Majeure

    1. None of the Parties shall bear responsibility for the non-fulfillment or delay in fulfillment of their obligations provided that it has been caused by the force majeure circumstances with impossibility to have advance knowledge about them so that to fulfill the Parties’ obligations in the due time.
  9. Final Clauses

    1. The invalidity of one or several Contract Clauses shall not be subject to invalidity of the whole Contract.
    2. All requests received from the Client through his Personal Account as well as all replies to the requests have the legal effect of the original documents.

All documents published in the Client’s Personal Account shall be deemed properly delivered.