1. DEFINITIONS USED IN THIS AGREEMENT
1.1. The terms and definitions used in this Agreement are used in the following meaning:

Hosting services — placement (storage) on the information and technical resources of the Contractor of web pages and other data provided by the Customer in digital form (hereinafter referred to as «Data») in order to ensure their availability on the Internet;

Information and technical resources — a set of software and hardware (software, web servers, communication equipment, etc.) used by the Contractor to provide hosting services.

2. SUBJECT OF THE CONTRACT
2.1. The Contractor undertakes, on behalf of the Customer, to provide hosting services (hereinafter referred to as the «Services»), and the Customer undertakes to accept the Services provided by the Contractor and pay for them in the manner and on the terms specified in this Agreement.

The Customer in his application can also order additional services provided by the Contractor at the time of the application by the Customer and at the tariffs in force at the time of the application. Their list and cost can be changed by the Contractor unilaterally without notifying the Customer.

If the information resource of the Customer posted on the information and technical resources of the Contractor has not passed state registration, the Contractor undertakes to ensure the state registration of this information resource in the State Register of information networks, systems and resources of the national segment of the Internet, located on the territory of the Republic of Belarus. The Customer undertakes to timely provide the Contractor with complete and reliable information necessary for state registration of an information resource.

In cases of providing services of a virtual VPS server, a dedicated server, and other services that involve the independent placement of information resources, when placing information resources of third parties, the User acquires the status of an Internet service provider and is obliged to independently register the information resources of third parties placed on the server.

2.2. The Contractor has the right to involve third parties to fulfill its obligations under this Agreement, as well as to use the services / works of third parties that ensure the possibility of providing the Services provided for in this Agreement.

2.3. The list of Services that must be provided under this Agreement, the period for the provision of the Services and other conditions determining the procedure for the provision of the Services, as well as other information essential for the provision of the Services, are indicated in the request for payment for the Services ordered by the Customer (invoice or receipt of payment) submitted by the Contractor for payment by the Customer.

3. PROCEDURE FOR CONCLUDING THE AGREEMENT
3.1. This Agreement is a public agreement (Article 396 of the Civil Code of the Republic of Belarus), according to which the Contractor assumes the obligation to provide the Services in relation to an indefinite number of persons (Customers) who have applied for the specified Services.

3.2. The publication (placement) of the text of this Agreement on the website at the following address: http://tophosta.eu/dogovor-oferta is a public offer (offer) of the Contractor, addressed to an indefinite circle of persons to conclude this Agreement (clause 2, article 407 of the Civil Code of the Republic Belarus).

3.3. The conclusion of this Agreement is made by joining the Customer to this Agreement, that is, through the acceptance (acceptance) by the Customer of the terms of this Agreement as a whole, without any conditions, exceptions and reservations (Article 398 of the Civil Code of the Republic of Belarus).

3.4. The fact of acceptance (acceptance) by the Customer of the terms of this Agreement is the payment by the Customer for the Services ordered by him in the manner and on the conditions determined by this Agreement (clause 3 of article 408 of the Civil Code of the Republic of Belarus).

3.5. This Agreement, subject to the procedure for its acceptance, is considered concluded in a simple written form (clause 2, clause 3 of article 404 and clause 3 of article 408 of the Civil Code of the Republic of Belarus).

4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Contractor undertakes:

4.1.1. to provide the Customer with Services in the amount and within the terms agreed by the parties to this Agreement (hereinafter referred to as the «Parties») and specified in the request for payment of the Services ordered by the Customer (invoice or payment receipt) issued by the Contractor for payment by the Customer;

4.1.2. ensure the availability of the Customer’s Data posted on the information and technical resources of the Contractor on the Internet for the period specified in the invoice (payment receipt). If the tariff plan chosen by the Customer does not correspond to the parameters of the Customer’s information resource and / or the mode of its operation, the Contractor is not responsible for the quality of access to the information resource and has the right to refuse to provide hosting services;

4.1.3. to provide the Customer during working hours (from 10-00 to 17-30, excluding weekends and official public holidays), consultations by phone and / or e-mail on issues arising from the Customer in connection with the provision of the Services;

4.1.4. ensure the confidentiality of the parameters of access to the server and postal service (login, password), except for cases when the provision of access to such information for third parties is a necessary condition for the provision of the Services, or is mandatory by virtue of the requirements of the legislation of the Republic of Belarus.

4.1.5. on the basis of the Customer’s application, upon providing them with all the necessary data and full payment for the Contractor’s services, ensure state registration of information resources of the national segment of the Internet, located on the territory of the Republic of Belarus and owned by the Customer. The Customer is responsible for the provision of inaccurate data or failure to provide complete data.

In cases of providing services of a virtual VPS server, a dedicated server, and other services that involve the independent placement of information resources, when placing information resources of third parties, the User acquires the status of an Internet service provider and is obliged to independently register the information resources of third parties placed on the server.

4.2. The contractor has the right:

4.2.1. temporarily terminate the provision of Services to the Customer, or terminate this Agreement and delete the Customer’s Data without refunding unspent funds in the following cases:

a) if the Customer partially or completely fails to comply with the terms of this Agreement;
b) if the Customer has not paid for the next period for the provision of the Services by the time the previously paid period expires.
c) if the activities of the Customer grossly violate the rules of netiquette (organization of mass mailings of advertising and other correspondence (spam), except for cases when such mailing is initiated by the recipients themselves or carried out with their prior consent, sending viruses, placing Proxy servers, IRC- servers, Torrent clients, IRC bots and Mush / Mud servers, chats, etc. programs, posting and distributing pornographic materials, hosting dating sites without obtaining an appropriate license, etc.), or violates the requirements of the legislation of the Republic of Belarus …
4.2.2. refuse the Customer to place or stop posting his Data on the information and technical resources of the Contractor, if he considers that the nature or content of the Customer’s Data violates the current legislation of the Republic of Belarus, is offensive, violates the rights and legitimate interests of others or contradicts this Agreement;

4.2.3. store information about all connections of the Customer to the information and technical resources of the Contractor, including IP addresses, cookies and addresses of the requested pages, if such information was obtained during the provision of the Services;

4.2.4. not to accept for consideration the Customer’s claims, presented with the missing deadlines during which such claims may be presented (clause 4.3.4 of this Agreement);

4.2.5. planned or unscheduled to change the technical characteristics and parameters of the software and hardware involved in the provision of the Services, if such changes are aimed at supporting the operability of the software and hardware or to improve their functioning, including with a temporary (up to three days) suspension provision of Services.

4.2.6. require the Customer to provide complete and reliable information necessary for state registration of an information resource in the form established by the Contractor.

4.2.7. If there is a debt for the Customer’s services for the previous period, undisputedly deduct the amounts paid by the Customer for other services to repay the debt.

4.2.8. Not to provide free services that are not related to ensuring the performance of the hosting tariff used by the Customer, including: setting and installing non-standard server configuration, scripts, programs, site management systems (CMS), network parameters, etc.

4.3. The customer undertakes:

4.3.1. comply with the terms of this Agreement, as well as pay the Contractor for the ordered Services in the manner, in the amount and within the time frame specified in this Agreement and inform the Contractor about the payment made by providing the Contractor with a payment document by fax, e-mail or regular mail (at the option of the Customer);

4.3.2. not to carry out activities within the framework of the Services provided in one way or another, aimed at:

a) undermining network security;
b) disruption of the operation of software and hardware on the Internet;
c) organization of network attacks on any resources accessible via the Internet;
d) organization of mass mailings of advertising and other correspondence (spam), except for cases when such mailing is initiated by the recipients themselves or is carried out with their prior consent;
e) placement and distribution of information, the content of which is contrary to the legislation of the Republic of Belarus.
4.3.3. ensure the safety and confidentiality of the service information received from the Contractor (links, access names and passwords, mobile phone numbers of the Contractor’s specialists, etc.);

4.3.4. if there are claims for the Services provided by the Contractor, notify the Contractor in writing about this within seven calendar days from the moment when the Customer became aware or should have become aware of non-fulfillment or improper performance by the Contractor of its obligations under this Agreement.

4.3.5. provide the Contractor with complete and reliable information necessary for state registration of an information resource.

In cases of using the services of a virtual VPS server, a dedicated server, and other services that involve the independent placement of information resources, when placing information resources of third parties, the User acquires the status of an Internet service provider and is obliged to independently register the information resources of third parties placed on the server.

4.3.6. if the type of hosting service chosen by the Customer does not correspond to the parameters of the Customer’s information resource and the mode of its operation, the Customer is obliged to change the type of service used and make an additional payment of the cost of services according to the tariff plan of the corresponding service.

4.3.7. reimburse the Contractor for the cost of state registration of information resources of the national segment of the Internet, located on the territory of the Republic of Belarus and owned by the Customer, at the Contractor’s tariffs in force at the time of such registration.

4.3.8. Not require the Contractor to provide free services that are not related to ensuring the performance of the hosting tariff used by the Customer, including: setting up and installing a non-standard server configuration, scripts, programs, site management systems (CMS), network parameters, etc.

4.4. The customer has the right:

4.4.1. require the Contractor to properly provide the Services;

4.4.2. receive consultations from the Contractor on the contacts indicated on the Contractor’s website on issues arising in connection with the provision of the Services;

4.4.3. terminate this Agreement if:

a) non-fulfillment or improper fulfillment by the Contractor of its obligations to provide the Services under this Agreement;
b) disagreement with the changes and / or additions introduced by the Contractor to this Agreement with prior notification of the Contractor and a preliminary attempt to resolve the problem situation without terminating the Agreement.

5. COST, PROCEDURE AND TERMS OF PAYMENT FOR SERVICES
5.1. The cost of the Services provided under this Agreement is determined based on the volume, nature and duration of the Services ordered by the Customer in accordance with the tariffs approved by the Contractor, which are in effect immediately at the time of the request for payment for the ordered Services.

5.2. The Customer, on the basis of the request made by the Contractor to pay for the ordered Services, is obliged to pay them in the order of 100% prepayment. The request for payment for the Services (invoice, receipt) is valid for 20 calendar days.

5.3 Payment for the ordered Services without receiving confirmation from the Contractor about the possibility of providing the Services (by submitting a request for payment for the ordered Services) is not allowed.

5.4. Customers who are legal entities pay for the ordered Services by wire transfer of funds to the account of the Contractor in accordance with the data and details specified in the invoice.

5.7. Individual customers pay for the ordered Services by bank or postal transfer of funds to the account of the Contractor, indicating the following details:

Payment receiver:
SP Shlykov Anrey Eduardovich
246050, Gomel, st. International, 42/68
P / C 3013600090003 in RU No. 3 JSC «Technobank» Gomel, st. Soviet, 60
BIK 153001182
UNP 490301780
Purpose of payment: Payment for services under the Public Agreement for Paid Hosting Services.

5.8. The Customer undertakes to send the Contractor a copy of the payment document confirming the payment by e-mail data@hosta.by. The Contractor assumes obligations to provide services only after receiving confirmation of payment from the Customer.

5.9. The parties agreed that the provisions of Art. 770 of the Civil Code of the Republic of Belarus, interest for the use of a commercial loan for prepayment is not charged and is not paid.

6. ORDER OF DELIVERY AND ACCEPTANCE OF SERVICES
6.1. The provision of Services under this Agreement for Customers who are legal entities is confirmed by an Act on the provision of services, which is sent by the Contractor to the Customer within fifteen calendar days from the date of receipt of payment for the services provided to the account of the Contractor.

6.2. The Customer, in the absence of claims for the Services provided by the Contractor, is obliged to sign it and send it to the Contractor within seven calendar days from the receipt of the Certificate of Services Rendering.

If there are claims, the Customer undertakes to send them to the Contractor’s address in writing within seven calendar days from the receipt of the Certificate of Services Rendering.

If the Contractor does not receive written claims or a signed Certificate of Services Provision within thirty calendar days after sending the Service Certificate to the Customer, the Certificate is considered signed and the Services accepted.

6.3. The Customer unconditionally agrees that if, within seven calendar days from the date of receipt of the Act on the provision of services, he does not state any written claims for the Services provided by the Contractor, this will be considered as the Customer’s unequivocal consent that the Services were provided by the Contractor in a timely manner, fully and properly.

6.4. The provision of Services under this Agreement for Customers who are individuals is confirmed by the fact that the Customer has consumed the Services provided to him and the absence of written claims made by the Customer regarding the Services provided by the Contractor.

7. RESPONSIBILITY OF THE PARTIES
7.1. For non-fulfillment or improper fulfillment of its obligations under this Agreement, the guilty Party shall be liable in accordance with the current legislation of the Republic of Belarus, taking into account the specifics established by this Agreement.

7.2. The Contractor is released from liability for losses, explicitly or indirectly, incurred by the Customer as a result of full or partial consumption or lack of the ability to consume the Services in the following cases:

7.2.1. if losses are caused in connection with the replacement, repair or adjustment of equipment, software or other work caused by the need to maintain operability or improve the Contractor’s software and hardware, subject to prior notification of the Customer at least one day in advance;

7.2.2. if losses are caused due to the actions or inaction of third parties, or due to the inoperability of telecommunication channels, data transmission networks, information resources or services, as well as accidents (malfunctions) in power electrical or computer networks outside the Contractor’s own resources, or on the functioning of which it does not have the ability to influence;

7.2.3. if losses are caused due to the presence of errors or malicious components in the software used on the Contractor’s servers or other servers on the Internet, as well as in the software used by the Customer;

7.2.4. if losses are caused due to the Customer’s failure to comply with the confidentiality of his credentials or other information of a closed nature, as well as due to unauthorized access by third parties to the technical or information resources of the Customer.

7.2.5. if the type of hosting service chosen by the Customer does not correspond to the parameters of the Customer’s information resource and / or the mode of its operation.

7.3. The Contractor is not responsible for the content of the Customer’s Data, as well as for the content of any information located on the technical and information resources of the Customer.

7.4. The Contractor is not responsible and does not give any explicit or implicit guarantees (including guarantees of observance of rights or suitability for specific purposes) for any information, product or service distributed by the Customer or third parties via the Internet, including if they posted, offered or distributed on the Contractor’s own information resources.

7.5. The parties to this Agreement unconditionally agree that the maximum amount of losses that can be recovered from the Contractor is limited to the amount of the Services paid by the Customer, the failure to perform or improper performance of which caused the damage.

7.6. The limitation of the Contractor’s liability provided for in clause 7.5 of this Agreement cannot be applied in cases where:

7.6.1. the amount of liability for this type of obligation or for this violation is determined by the legislation of the Republic of Belarus;

7.6.2. non-fulfillment or improper fulfillment by the Contractor of his obligations under this Agreement is a consequence of his direct intent.

7.7. The customer is solely responsible for any actions taken by him in the process of using the Internet, information resources or services of the Contractor, as well as for the consequences of such actions.

7.8. The Customer is solely responsible for any, including unauthorized, actions of third parties that occurred due to the Customer’s failure to comply with the confidentiality of his credentials or other information of a closed nature, as well as for the consequences of such actions.

7.9. The Customer independently bears full responsibility for possible violations of copyright, trademarks and other norms of the legislation of the Republic of Belarus related to the fact of posting the Customer’s Data on the Internet on the information and technical resources of the Contractor.

7.10. The Customer is solely responsible for the completeness, reliability and timeliness of providing the Contractor with the information necessary for state registration of the Customer’s information resources, as well as for the independent state registration of third-party information resources placed by the Customer as an Internet service provider.

7.11. The Customer reimburses the Contractor and / or officials of the Contractor for any losses incurred by the Contractor or his officials in connection with the posting on the information and technical resources of the Customer information, the content of which contradicts the legislation of the Republic of Belarus, as well as in other cases when the Customer’s failure to comply with the requirements of the legislation of the Republic of Belarus and / or obligations under this Public Agreement resulted in damages.

7.12. The Contractor does not bear any responsibility for direct or indirect damage, lost profits, damage to third parties, accidents or damage to property, loss of data resulting from the use of the Let’s Encrypt SSL certificate.
The Customer unconditionally agrees that the SSL certificate provided under this Agreement does not imply any modification on the part of the Contractor, the provision of consulting services in connection with its use, suitability, reliability, availability for any purpose, and the like.

8. CIRCUMSTANCES OF FORCE
8.1. The Parties are exempt from liability for partial or complete failure to fulfill their obligations under this Agreement, if this was the result of force majeure circumstances (force majeure) that arose after the conclusion of this Agreement as a result of emergency events that the Parties could neither foresee nor prevent reasonable measures.

8.2. Force majeure circumstances include events that a Party cannot influence and for the occurrence of which it is not responsible, such as: war, uprising, strike, earthquake, flood, fire, severe weather or other natural disasters, government regulations, orders (decrees) of state bodies and officials, laws and other normative acts of the competent authorities, adopted after the acceptance of this Agreement and making it impossible to fulfill the obligations established by this Agreement, as well as actions of state or local government and administrative bodies or their representatives, preventing the fulfillment of the conditions of this Agreement, and other unforeseen circumstances, including malfunctions in the city power grid, technical problems at transit nodes of the Internet and other disruptions in the functioning of data transmission networks outside the sphere of influence of the Parties, but not limited to the above.

8.3. In the event of force majeure circumstances that prevent the fulfillment of obligations under this Agreement, the period for the Parties to fulfill such obligations is postponed in proportion to the duration of such circumstances, as well as the time required to eliminate their consequences, but not more than sixty calendar days.

8.4. In the event that the force majeure circumstances continue to operate for more than the period specified in clause 8.3 of this Agreement, or when, upon their occurrence, it becomes obvious to both Parties that the circumstances will be valid for more than this period, the Parties undertake to discuss the possibilities of alternative methods for the execution of this Agreement or its termination without compensation for damages.

9. NOTICES AND NOTICES
9.1. The parties agree that they unconditionally recognize the legal force of the texts of documents received via communication channels (e-mail) on an equal basis with documents executed in simple written form on paper, except for cases when paperwork is mandatory due to the requirements of this Agreement.

9.2. The Parties unconditionally agree that all correspondence, notifications and notifications received to the e-mail addresses indicated in this Agreement as the details of the Parties are considered delivered to the addressee in the proper form.

9.3. The parties are obliged to timely check the correspondence arriving at their e-mail addresses.

9.4. All risks associated with the occurrence of adverse consequences due to non-compliance with the requirements of clause 9.3 of this Agreement shall be borne by the Party that committed such a violation.

10. DURATION OF THE AGREEMENT AND THE PROCEDURE OF ITS TERMINATION
10.1. This Agreement is considered concluded from the moment the funds paid by the Customer paid for the services ordered by the Customer are credited to the account of the Contractor in accordance with the request for payment for the ordered services.

10.2. This Agreement is valid for an indefinite period up to its termination in the manner prescribed by this Agreement.

10.3. This Agreement may be terminated:

10.3.1. by agreement of the Parties;

10.3.2. unilaterally at the initiative of the Contractor in accordance with clauses 4.2.1 and 4.2.2 of this Agreement;

10.3.3. unilaterally at the initiative of the Customer in accordance with clause 4.4.3 of this Agreement.

10.4. The Customer unconditionally agrees that in the event of termination of this Agreement in accordance with clause 10.3.1 or clause 10.3.2 of this Agreement, he loses the right to demand from the Contractor the return of any amounts paid in payment for the Services, even if if the term of these Services has not yet expired.

11. PROCEDURE FOR MAKING CHANGES AND ADDITIONS TO THE CONTRACT
11.1. Changes and / or additions to this Agreement are made unilaterally by the decision of the Contractor.

11.2. Changes and / or additions made by the Contractor to this Agreement on its own initiative shall enter into force no earlier than thirty calendar days after their approval.

11.3. Changes and / or additions made by the Contractor to this Agreement in connection with changes in legislation come into force simultaneously with the entry into force of changes in these acts of legislation.

11.4. The text of changes and / or additions to this Agreement, or its new version, is brought to the public by the Contractor by placing (publishing) the relevant information on the website at the following address: http://tophosta.eu/dogovor-oferta.

11.5. The placement (publication) of the texts of changes and / or additions to this Agreement, or its new version on the website at the following address: http://tophosta.eu/dogovor-oferta, is made by the Contractor no later than twenty-five calendar days before the date of entry by virtue of the changes and / or additions introduced (except for the case provided for in clause 11.3 of this Agreement).

11.6. In case of disagreement with the changes and / or additions made, the Customer has the right to terminate this Agreement in accordance with clause 4.4.3 of this Agreement.

11.7. A notice of termination of this Agreement is also recognized as any written notification of the Customer, drawn up on paper, about disagreement with the changes and / or additions made, or about non-adherence to the new edition of this Agreement or refusal to comply with its terms.

11.8. The Parties unconditionally agree that silence (absence of written notifications of termination of this Agreement, or of disagreement with certain provisions of this Agreement, including a change in the price list for the Services) is recognized as consent and adherence of the Customer to the new edition of this Agreement (clause 3 Article 159 of the Civil Code of the Republic of Belarus).

12. PROCEDURE FOR RESOLUTION OF DISPUTES
12.1. All disputes and disagreements related to this Agreement, the Parties undertake to resolve through negotiations.

12.2. If the Parties fail to resolve all disputable issues in the manner prescribed by clause 12.1 of this Agreement, all disputes arising from this Agreement, including those related to its conclusion, change, termination, execution, invalidity shall be resolved in court in accordance with with the legislation of the Republic of Belarus.

13. OTHER CONDITIONS
13.1. The parties unconditionally agree that this Agreement is concluded at the address of the Contractor’s office.

13.2. By concluding this Agreement, the Customer thereby declares that:

13.2.1. according to his information, the content of his Data does not contradict the legislation of the Republic of Belarus and does not violate the rights and legitimate interests of third parties, including intellectual property rights;

13.2.2. the information provided to them when placing an order for the provision of the Services is complete, true and accurate;

13.2.3. he realizes and agrees that some of the information that he provided when placing an order for the provision of the Services may be available to third parties, due to the requirements of the legislation of the Republic of Belarus.

13.3. If any of the terms of this Agreement becomes invalid, is recognized as illegal, or is excluded from this Agreement, this does not entail the invalidity of the remaining terms of this Agreement, which will remain in force and are binding on all Parties.

13.4. All issues not regulated by this Agreement are resolved in accordance with the current legislation of the Republic of Belarus, as well as the local regulatory documents of the Contractor, subject to their compliance with the current legislation of the Republic of Belarus.

14. DETAILS OF THE PARTIES
14.1. The Parties unconditionally agree to read the information specified by the Customer when placing an order for the provision of Services under the details of the Customer.

14.2. Contractor’s details: IP Shlykov Anrey Eduardovich

Yur. address: 246050, Gomel, st. International, 42/68
Postal address: 246050, Gomel, st. International, 42/44
P / C BY86TECN30136000900030000000 in RU No. 3 JSC «Technobank» Gomel, st. Soviet, 60
BIK TECNBY22
UNP 490301780
data@hosta.by
+375 (29) 800-00-38