Limited Liability Company “GOOD”, hereinafter referred to as the “Service Provider”, acting on the basis of the Charter, publishes this Agreement on the provision of services (hereinafter referred to as the “Agreement”), which is a public offer agreement addressed to individuals and legal entities, hereinafter referred to as the “Subscriber”.
1. Subject of the Agreement The Subscriber commissions, and the Service Provider undertakes obligations to perform the following works and services:
1.1. Provision of Internet services (telematic communication services) in accordance with this Agreement.
1.2. Placement of the Subscriber's content, information, and files on the technical resources of the Service Provider, connected to the transport and information channels of the Internet in accordance with the terms of this Agreement and its Appendices published in the language of the country of conclusion of this Agreement.
1.3. Appendices are official documents of the Service Provider, an integral part of this Agreement, and are established by the Service Provider identically for all consumers, except in cases where the Law or other legal document allows for the provision of privileges to specific categories of service consumers.
1.4. Compliance with the Service Provision Rules is a mandatory condition for the validity of the Agreement.
1.5. The Service Provider under this Agreement is not a direct participant in the process of transmission, storage, and processing of information posted by the Subscriber, and accordingly, is not liable to third parties for any violations of their rights in connection with the placement of such information.
1.6. Compliance with the Appendix “Service Provision Rules” is a mandatory condition for the validity of the Agreement.
1.7. In case the Subscriber submits an application to extend the service without authorization on the Service Provider's website and transfer of funds to the account for such service, he guarantees that he is the owner of the service being extended or acts on his behalf and by his authority.
2. Conclusion of the Agreement and Legal Force of Documents
2.1. The text of this Agreement is a public offer agreement.
2.2. Acceptance of the offer - obtaining access rights to the Service Provider's own resources or to individual services and/or payment for ordered services by prepayment in the manner determined by this Agreement. The Subscriber's acceptance of this Agreement means that he agrees to all the terms of this Agreement and its Appendices. At the same time, when registering on the Service Provider's website for the purpose of further ordering services, the Subscriber is obliged to fill in all the requested data, confirming the correctness of the entered information by accepting this offer.
2.3. The parties to this Agreement recognize the legal force of the texts of documents received through electronic communication channels on an equal basis with documents executed in simple written form. An exception to this rule is the exchange of claims, as well as documents for which the written printed form of the document is mandatory.
2.4. Electronic communication channels, for the purposes of this Agreement, are electronic mail with the contact addresses specified in this Agreement, as well as the web server of the Contractor. In the absence of the Subscriber's contact addresses in this Agreement or changes in the Subscriber's contact addresses at the initiative of the Subscriber, the contact addresses will be considered the email addresses communicated to the Contractor using the password chosen by the Subscriber or set by the Subscriber independently in the corresponding section of the control panel.
3. Obligations of the parties
3.1. The Contractor undertakes:
3.1.1. From the moment of conclusion (acceptance) of the Agreement in accordance with clause 2.2. to provide the Subscriber with the services requested by him, provided that the Subscriber complies with the conditions determined by this Agreement and in accordance with the Appendices to this Agreement.
3.1.2. Notify the Subscriber of all additions and changes to the Appendices to this Agreement no later than 10 (ten) days (hereinafter referred to as one day means one calendar day) before the start of their action by publishing such changes on the Contractor's web server.
3.1.3. The Contractor has the right to suspend the provision of Services for the time necessary to carry out preventive and regulatory work on the equipment, notifying the Subscriber about this no later than a day before the start of such work.
3.1.4. In case of detection of unlawfully placed content, as well as in cases when the information placed by the Subscriber violates the norms of the current legislation and the rights of third parties, the Contractor has an unconditional right to remove such illegally placed content. At the same time, the Contractor shall not be liable to the Subscriber for actions related to the removal of content violating the norms of the legislation, as well as for any possible damage incurred by him.
3.1.5. The Contractor has the right to take actions to remove disputed content or to terminate the Subscriber's access to the service if the files placed by him on the server have copyright and other rights of third parties, upon receipt of a notice from the copyright holder or from other sources about the violation of his rights.
3.1.6. The Contractor has the right to change the service tariff of the Subscriber at any time, providing unlimited parameters for such characteristics as disk space, processor power, RAM, traffic, etc., corresponding to the load created by the client on the server, if such load, according to the objective assessments of the Contractor, significantly exceeds the permissible norms for service tariffs, as well as if the use of the existing tariff is carried out by the Subscriber in violation of the conditions for the normal functioning of the Contractor's servers. At the same time, the Subscriber shall not be entitled to subsequently demand any compensation from the Contractor.
3.1.7. The Provider ensures backup storage for the service for 7 days or more. At the same time, the Provider has the right to demand payment for data recovery at its discretion.
3.1.8. The Provider has the right to send the Subscriber informational and other messages, including the need to renew services and issue invoices, as well as advertising and corporate informational mailings through the communication channels specified in the Subscriber's personal account on the Provider's website. The conclusion of this Agreement and the service order is considered the Subscriber's consent to receive such messages. The Subscriber has the right to refuse to receive such emails by independently adjusting the necessary settings in the Personal Account.
3.2. The Subscriber undertakes:
3.2.1. Before concluding (accepting) the Agreement in accordance with clause 2.2. to carefully read this Agreement and its Appendices.
3.2.2. To comply with the requirements set forth in this Agreement and its Appendices.
3.2.3. Regularly monitor changes related to the implementation of the Agreement on the Provider's web server.
3.2.4. Timely make payment for services in the manner, amount, and terms provided by section 4 of this Agreement, as well as in accordance with the Appendices to this Agreement.
3.2.5. Read and take note of information about changes in the Appendices to this Agreement, as well as other technological and organizational changes, published on the Provider's web server and distributed by the Provider through electronic communication channels.
3.2.6. Not to transfer in electronic or other form the content obtained through the use of the Provider's services, if the transfer of such content is made without prior permission from the relevant government authorities.
3.2.7. Not to place on the technical resources of the Provider information, computer programs, databases, other objects of intellectual property, encryption means, and other similar data (content) specified, falling under the prohibitions or restrictions established by law, in particular, if a license, other permission of government bodies, right holders, other persons is required for this, and such a valid license or permission is absent from the Subscriber. This condition is valid regardless of the existence of a valid contract for subscriber services.
3.2.8. To comply with the norms and rules of using the Internet, which are an integral part of this Agreement.
3.2.9. To comply with the Service Rules. In case of violation of these Rules, the Provider has the right to suspend the provision of services until the Subscriber eliminates the violations.
3.2.10. At the request of the Provider, to provide a copy of the identity document (for individuals), for legal entities - certified copies of documents confirming the proper registration and registration with the tax authorities of the legal entity and the authority of its representative. If the Subscriber fails to fulfill this obligation, the Provider has the right to immediately suspend or restrict the provision of Services to the Subscriber by any selected technical means and methods until the required documents are provided. In case of doubts about the accuracy of the data provided by the Subscriber, the Provider has the right throughout the term of service provision to request additional information and (or) require confirmation of the information provided. The request is sent by email to the Subscriber's contact address. If the Subscriber does not provide additional information and (or) confirming documents within 7 (seven) calendar days from the date of the Provider's request, he has the right to cancel the service by deleting the Subscriber's account.
3.2.11. Not to use non-existent return addresses when sending emails and other messages.
3.2.12. Not to take actions aimed at disrupting the normal functioning of elements of the Internet network (computers, other equipment, or software) not belonging to the Subscriber.
3.2.13. When using service tariffs that provide unlimited parameters for characteristics such as traffic, not to use the services and technical resources of the Provider for hosting any kind of public and media content (photo/video/audio/file hosting, etc.), as well as for reselling the service to third parties. The Subscriber agrees that when using such tariffs, he undertakes to take into account the physical and technical limitations on the maximum total volume allowed for a specific server due to its limited resources. At the same time, the Provider has the right at any time at its discretion to limit the resources allocated to the Subscriber.
3.2.14. The Subscriber to whom the service is provided confirms that he agrees and is notified of the following conditions: - installation of software products on dedicated virtual machines on a shared server is possible only through SPLA or by transferring customer licenses using the License Mobility right, which requires an active SoftwareAssurance subscription for the transferred licenses for the entire period of the presence of software products on the shared servers of the Provider. The need to use the license transfer mechanism through SoftwareAssurance applies to all virtual machines on shared servers regardless of the Provider's administrative access to such virtual machines; - about responsibility for violation of licensing rules, including for violation of the procedure for exercising the right to transfer licenses for SoftwareAssurance; - about the list of software products for which there is a right to transfer licenses through Software Assurance, as well as software products for which there is no such right (for example, WindowsServer and Office); - about the necessity for the Subscriber to notify the Provider of the intention to place Microsoft software product using the right to transfer licenses for SoftwareAssurance and submit a LicenseMobilityVerificationForm within 10 days after such placement, as well as notify the Provider in writing (letter, email) about obtaining permission from Microsoft for the submitted LicenseMobilityVerificationForm.
4. Cost of Services and Payment Procedure
4.1. The cost of services/work under this Agreement and the period of their provision are determined by the corresponding Appendices to this Agreement, which are an integral part thereof.
4.2. Payment for all services and work under this Agreement is made on the basis of prepayment and in the manner determined by this Agreement. Two types of provided services are determined: One-time services, such as installation fee, and Periodic (subscribed) services, such as monthly fee.
4.3. The Provider has the right to independently determine discounts on the services provided under this Agreement, including reduce the total cost of services provided that the Customer pre-pays a fixed period. A fixed period is a specifically agreed term for the provision of services by the Provider, compliance with which by the Customer allows calculating the cost of services taking into account the discount. Fixed periods and the size of the discount are determined by the Provider. Information about discounts on the services of the Provider, as well as about fixed periods for which discounts are provided, may be posted in Appendices to this Agreement, as well as on the Provider's website.
4.4. If the Customer makes a prepayment for a fixed period (3, 6, 12 months or other periods specified on the Provider's website), the Provider may reduce the total cost of services for the prepaid fixed period, as determined by the Appendices to this Agreement.
4.5. The moment of payment is considered to be the receipt of funds to the Provider's account provided that a payment document or its equivalent containing the necessary information for crediting the funds to the Subscriber's personal account is received by the Provider. The amount of the prepayment is calculated based on the prices set forth in the relevant Appendices to this Agreement.
4.6. The Subscriber is solely responsible for the correctness of the payments made by him. In case of changes in the Provider's banking details due to circumstances beyond its control, from the moment of publication of new details through the Provider's electronic mail and web server, the Subscriber is solely responsible for payments made using outdated details.
4.7. The Provider has the right to terminate the provision of services to the Subscriber in case of violation by the Subscriber of the payment procedure determined by this Agreement.
4.8. Upon exhaustion of the prepaid amount, the Provider has the right to terminate the provision of services to the Subscriber under this Agreement.
4.9. The Provider is not responsible for non-provision or suspension of services to the Subscriber if the Provider was unable to credit the payment received due to non-receipt of a bank payment document or lack of necessary information in it for crediting funds to the Subscriber's personal account.
4.10. The Subscriber independently pays for all services of communication enterprises (or any other organization providing similar services) and telematic services for connection to the technical resources of the Provider provided on the basis of clause 1.1. of this Agreement.
4.11. All accounting of consumed services and control over the correctness and timeliness of payments is carried out automatically, using special software, an information base, and statistical data of the Provider's information system. An electronic personal account (account) or several accounts are created for each subscriber, separately for different services.
4.12. For Periodic services, a minimum settlement period for the provision of the service is determined, equal to one Subscriber month. A Subscriber month is considered from the day of the start of the service provision (and the current month of service provision) to the same day of the next month. If such a day is absent in the next month, the Subscriber month ends with the corresponding previous day.
4.13. The monthly subscription fee is debited from the electronic personal account (account) of the Subscriber under this Agreement at the beginning of a new Subscriber month, including the month of commencement of service provision by the Provider to the Subscriber according to the corresponding Appendix to this Agreement.
4.14. When connecting Auto Renewal of the service or Auto Balance Refill, the Customer agrees to the unconditional automatic debiting of funds from the payment instrument selected by the Customer when configuring the service.
4.15. Changing with migration from the archive tariff plan of the virtual dedicated server service to updated tariffs is additionally charged in accordance with the tariffs determined in the relevant Appendix to this Agreement, which is an integral part of it.
4.16. The service order is the Customer's agreement to pay for it at the cost effective on the day of ordering. The Customer agrees that due to significant changes in the exchange rate of foreign currencies, the cost of services may be changed by the Provider unilaterally without additional notifications to the Customer.
5. Other Conditions and Rights of the Parties
5.9. Based on clauses 4.6., 4.7., 7.1., 7.2., 7.3., 8.1. of this Agreement, the Provider has the right to terminate and/or suspend the provision of services/works under this Agreement for a period not exceeding 30 (thirty) days.
5.2. In case of establishment by the Parties of other civil legal relations (representation, agency, storage, lease, etc.) not included in the subject of this Agreement, obligations, rights, and conditions of legal relations are established by a separate Agreement.
5.3. The Provider has the right to unconditionally revise the Appendices to this Agreement, which determine the cost of services under this Agreement and the period of their provision, notifying the Subscriber through electronic communication channels.
5.4. In case of changes in legislative and regulatory acts, tariffs and fees of communication authorities and government authorities, as well as other structures, introduction of other mandatory payments applied to the Provider, as well as changes in the price index, the Provider has the right to unconditionally revise this Agreement and its Appendices and notify the Subscriber of this by publishing the changes on the web server at the Provider's address no later than 10 (Ten) days before the entry into force of the changes in this Agreement and its Appendices.
5.5. If the Subscriber does not agree with the changes in this Agreement and its Appendices, he must notify the Provider in writing, for legal entities under the signature of the head or authorized representative of the Subscriber's organization, within 10 (Ten) days from the date of receiving the notification. In this case, this Agreement is terminated on the terms of clause 7.1. of this Agreement. The absence of a written refusal of the changes to this Agreement until the moment of entry into force of the changes is considered as the Subscriber's consent to the new terms of this Agreement and its Appendices.
5.6. The Subscriber and the Provider undertake to ensure the confidentiality of the Subscriber's account data (set of passwords for accessing the Provider's technical resources and other information authorizing the Subscriber). The Provider is not responsible for any damage of any kind suffered by the Subscriber due to the disclosure of the Subscriber's account data. The Provider is not responsible for any damage of any kind suffered by the Subscriber due to the disclosure of the Subscriber's account data as a result of unauthorized access by third parties to the Provider's technical resources. The Provider has access to the Subscriber's information solely for the purpose of technical support for services or in case of receiving claims from third parties regarding the placement of malware, illegal and/or unlawful actions of the Subscriber.
5.7. In cases provided for by the current legislation and when contacting the Provider by relevant state competent organizations and persons, the Provider has the right to provide the account data of the Subscriber to the specified competent state organizations and persons.
5.8. The Provider provides the Subscriber with services/works on a round-the-clock schedule with possible interruptions. Interruptions in the provision of works/services are due to the action or inaction of third parties and/or the non-functioning of transport and information channels beyond the Provider's own resources, as well as the necessary repair and/or replacement of the Provider's equipment and software, including due to emergency circumstances.
5.9. Based on clauses 4.6., 4.7., 7.1., 7.2., 7.3., 8.1. of this Agreement, the Provider has the right to terminate and/or suspend the provision of services/works under this Agreement for a period not exceeding 30 (thirty) days.
5.10. In case of disputed situations and/or violations of clauses 3.2.7, 3.2.8, 3.2.9, 5.16, 5.17, 5.18, or other situations that, in the opinion of the Provider, may lead to deprivation, as well as limitation of the possibility of using the Provider's services for another Subscriber (individual or legal entity), the Provider has the right to suspend the provision of services/works under this Agreement without terminating this Agreement and without withdrawing funds from the Subscriber's account.
5.11. By suspending the provision of services/works under this Agreement, the Provider undertakes to notify the Subscriber within 1 (one) day (for a legal entity) or within 24 hours (for an individual) from the moment of cessation of service provision, or in advance, via electronic communication channels and/or telephone, and/or fax, in accordance with the subscriber's details specified in section 11 of this Agreement.
5.12. The Provider does not carry out prior censorship of the information placed or transmitted by the Subscriber, the content of the Subscriber's files on a permanent basis, however, the Provider reserves the right, without assuming this as an obligation, to suspend the provision of services and/or delete information, content and files that, in the opinion of the Provider, cause damage to other persons, have offensive nature or contradict the current legislation.
5.13. The Provider does not prevent access to content protected by copyright, trademarks, and other signs of ownership (including intellectual property rights) - hereinafter referred to as "Rights", to the extent that these Rights retain their force or acquire it subsequently for any forms of reproduction for all means of information transmission.
5.14. The Subscriber must provide the Provider upon its request with documentary evidence of the existence of the Subscriber's license, other permission of government authorities, rights holders, other persons for the placement on the Provider's technical resources of the information specified in clause 3.2.8 of this Agreement.
5.15. The Provider reserves the right at its discretion to monitor all or certain actions of the Subscriber, as well as not to monitor them at all for compliance with the terms of this Agreement.
5.16. Any actions of the Subscriber or their consequences, which, in the opinion of the Provider, may lead to deprivation, as well as limitation of the possibility of using the Provider's services for another Subscriber (individual or legal entity), are deemed unacceptable and constitute sufficient grounds for termination of this Agreement. The conditions for termination of this Agreement are set forth in section 7 of this Agreement.
5.17. The Provider has the right to protect its Subscribers, as well as technical resources from unlawful actions, including unwanted email. In the event of such mailings, the Provider has the right to block the service.
5.18. The technical resources of the Provider are measured in finite numbers. The Provider has the right to individually revise the terms of the Agreement, as well as terminate the Agreement or suspend its operation based on clause 5.16 of this Agreement. In cases where the Agreement does not specify specific restrictions and/or tariffs for the use of the resource (including, but not limited to, the use of the Provider's computer computing resources and the volume of transmitted information), the standard usage size of a specific resource is considered average for all Subscribers, except for this one and Subscribers already operating under revised conditions, the volume of resource usage.
5.19. The Provider has the right to individually revise the terms of the Agreement, as well as terminate the Agreement or suspend its operation based on clause 5.16 of this Agreement, if the technical resources of the Provider are excessively used (excessive consumption of processor time/RAM, determined by the Provider), excessive traffic, determined by the Provider (for example, the Subscriber used an incoming traffic to outgoing traffic ratio close to 1/1, which is not characteristic for a service usually having a ratio of 1/3 or even 1/5), excessive use of the Provider's bandwidth (for example, the Subscriber was subjected to a 'Flood' attack due to its own fault or carelessness).
5.20. The Provider is not responsible for the operability of software installed by the Subscriber himself, as well as updated to another version or reconfigured at the discretion of the Subscriber. The Provider reserves the right to offer the Subscriber services for the support of such software. Issues with the OS, choice of configuration, operability, if not caused by the fault of the Provider, are the responsibility of the Subscriber and must be resolved by the Subscriber himself. The Provider is not responsible for the Subscriber's choice of operating system, software, server configuration, and the consequences it may entail.
5.21. The Provider has the right to notify the Subscriber via electronic communication channels about its news, new and/or additional services, special offers, discounts, advertising campaigns, publications, press releases, provide technical information and information about work performed.
5.22. All messages by email to the Provider's employees or to the Provider's Sales Department or Technical Support Department must be sent by the Subscriber strictly from the contact email address specified in this Agreement or in the corresponding section of the control panel.
5.23. The Provider has the right to delete the Subscriber's account, as well as related services and information stored in these services, including the contents of this account, without the possibility of recovery, if the Subscriber does not pay for the Provider's services within the period specified by this Agreement. For the service, this period is 30 (thirty) days.
5.24. The Provider has the right to charge the Subscriber additional fees, in addition to the tariffs agreed and published on the website, including for operations related to the unlocking of servers/IP addresses of the Subscriber, blocked due to its fault.
5.25. Upon receipt of a request for the Administration service from the Subscriber from the Personal account, the Provider undertakes to provide this service and perform the necessary actions provided for by this clause, and the Subscriber to accept and pay for it according to the general tariffs published in the personal account. Within the framework of providing server administration services, the Provider undertakes to make changes to the configuration settings of the software and perform server maintenance actions where the service is located, as well as actions to configure the web server for the needs of the site in the presence of the ISPmanager or ISPbillmanager control panel. The list of actions is exhaustive and can be expanded only at the discretion of the Provider. The Subscriber agrees that all obligations and responsibilities related to the ordered service lie entirely with the Subscriber, and he is not entitled to make any claims to the Provider in case the Provider's actions lead to consequences and results that the Subscriber did not expect when submitting an application for server administration.
5.26. In the event of transferring a service, as well as other services with tariff plans providing for periodic (monthly) payment, to another user with or without such transfer to the personal account of the new Subscriber, the service is considered provided in full by the Provider. In this case, in the event of payment for the service by non-cash method by a legal entity, accounting documents are issued to the Subscriber for the full paid amount. The service is considered provided at the time of transfer to another user regardless of the number of remaining unused periods/months. The Subscriber is not entitled to subsequently make any claims to the Provider and demand the transfer of funds for unused periods to another Subscriber's account.
5.27 Any amendments and additions to the Agreement, if not agreed by the Parties in the Minutes of Disagreements and/or Additional Agreement, are considered invalid. In the event that the Agreement is signed by the Parties in a version different from that published on the Provider's website, without a signed Minutes of Disagreements and/or Additional Agreement, the version of the Agreement published on the official website of the Provider shall apply.
6. Liability of the Parties
6.1. Measures of liability of the Parties not provided for in this Agreement shall be applied in accordance with the legislation in force in the territory of the Republic of Latvia.
6.2. The Provider and the Subscriber shall be liable for non-performance or improper performance of obligations under this Agreement in accordance with the terms of this Agreement, its Appendices, and applicable legislation.
6.3. The Subscriber is solely responsible for the content of information transmitted by him or any other person under his network details (set of network names - login and other information authorizing the Subscriber) via the Internet and the Provider's own resources: for its accuracy, freedom from claims of third parties, and the legality of its distribution. The Provider is not responsible for the content of information transmitted by the Subscriber via the Internet and the Provider's own resources.
6.4. The Subscriber, using the services of the Provider and the Internet, is solely responsible for the harm caused by his actions (personally or by another person under his network details) to the person or property of individuals, legal entities, the state, or moral principles of society.
6.5. The Provider reserves the right to temporarily suspend the provision of services to the Subscriber in case of violation by the Subscriber of the network operation rules determined by this Agreement.
6.6. The Provider shall not be liable to the Subscriber for delays, interruptions in operation, and the impossibility of full use of its own resources, directly or indirectly due to the actions or inaction of third parties and/or the inoperability of transport and information channels located outside the Provider's own resources.
6.7. The Provider shall not be liable for the quality of communication lines if they are organized by other organizations.
6.8. The Provider shall not be liable for lost profits and any indirect losses incurred by the Subscriber during the use or non-use of the Provider's services/works (in full or in part). The Provider is liable for damage caused to the Subscriber directly or indirectly as a result of the use or non-use of the Provider's services/works (in full or in part) only if the direct fault of the Provider is proven and in the amount proportionate to the share of the subscription fee for the idle period, or in case of connecting the Subscriber to the technical resources of the Provider with time-based access - minus the amounts for payment of works/services used by the Subscriber from the beginning of the subscription month in which events falling under this clause of this Agreement occurred, as well as bank commission for non-cash payment.
6.9. Since the Internet is a voluntary association of various networks and resources, the Provider shall not be liable for the normal functioning of the Internet or its parts, as well as for their availability to the Subscriber. The Provider shall not be liable and does not provide any explicit or implied warranties (including warranties of compliance with rights or fitness for a particular purpose) for any information, goods, or services obtained through the Internet, including if they are posted on the Provider's own resources.
6.10. Any services provided to the Subscriber by the Provider are related to the operation of the Internet network both on the Provider's technical resources and beyond. The Provider shall not be liable for changes in the properties, functions, and quality of services provided to the Subscriber unless explicitly described in the Agreement and its Appendices. The Provider shall not be liable for the quality, accuracy, and absence of harmful and/or illegal components in the software used on the Provider's servers and other servers of the Internet network or offered to the Subscriber, if such software was not developed by the Provider itself.
6.11. The Subscriber assumes full responsibility and all risks associated with the use of the Internet through the resources and/or services of the Provider. If, through the fault of the Subscriber, but without his deliberate actions, due to violation by him of the provisions of clause 2.1 of the Appendix 'Service Provision Rules,' servers/host machines/IP networks of the Provider or other resources are blocked, before resuming the provision of services, the Subscriber must deposit into the Provider's Personal account an amount equal to 3 (three) monthly payments at the current tariff. These funds can be spent on payment for services, but, in case of repeated blocking for the same reasons, they are withheld by the Provider unconditionally. In this case, the Subscriber is not entitled to demand a refund and compensation of the specified funds.
6.12. The Provider shall not be liable for the information transmitted by the Subscriber since it does not initiate its transmission, does not choose the recipient of the information, does not affect the integrity of the transmitted information, and also takes measures to prevent the use of objects of copyright and other exclusive rights without the consent of the right holder.
6.13. In case of violation by the Subscriber of the terms of the Agreement and/or the use of the Provider's services for purposes contrary to the norms of Russian legislation, the Provider has the right to terminate this Agreement and cease providing services to the Subscriber without the right to resume the service. In this case, the funds for the remaining period are not refunded to the Subscriber.
6.14. In case of refusal of the service and refund, if due to the fault of the Subscriber, the Provider suffered losses, including the disconnection of servers, networks, IP blacklisting, etc., the Provider has the right to withhold from the refund amount the full amount of the incurred costs.
6.15. In case the provision of services to the Subscriber is suspended due to a substantiated complaint from third parties due to the violation of the terms of this Agreement and/or for other reasons more than 1 time per month, the Subscriber undertakes to pay a fine for resuming the service in the amount of the monthly payment at the current tariff. If there are sufficient funds in the Subscriber's Personal account, the Provider has the right to withhold this amount independently and unconditionally. In this case, the Subscriber is not entitled to demand any compensation thereafter.
6.16. The Subscriber is responsible for their public statements and actions directed against the Provider and its reputation. In case of identifying insulting and other negative statements by the Subscriber, the Provider has the right to suspend the provision of services and demand a refutation to be published in the same source where the defamatory statements about the Provider were published.
6.17. The Customer has the right to submit a written claim to the Provider if they believe that the service is not provided to them in full. The Customer undertakes to notify the Provider of the situation immediately, but no later than three months from the moment when the Customer learned or should have learned about the incomplete provision of the service. The Provider independently evaluates the quality and completeness of the service provided based on objective indicators. If the Provider confirms the fact of incomplete provision of the service, the cost of the service may be recalculated with the difference credited to the Customer's Personal account. The recalculation period cannot exceed three months.
7. Terms and procedure for termination of the contract
7.1. This Agreement may be terminated at the initiative of the Subscriber, in the absence of direct fault of the Provider, upon expiration of the paid period by refusing to prepay for services/works for the next period or based on a notification presented in writing. In this case, the unused balance of funds is not refunded to the Subscriber, and the Subscriber's debt for services is compensated.
7.2. This Agreement may be terminated at the initiative of the Provider, presented orally (for individuals) or in writing (for legal entities) and transmitted to the Subscriber 10 (ten) days before the termination of this Agreement, due to specific objective reasons not included in the expanded concept of force majeure, in the absence of direct fault of the Subscriber in non-compliance with the terms of this Agreement. In this case, the unused balance of funds at the time of termination of this Agreement is refunded to the Subscriber, and the Subscriber's debt for services is compensated.
7.3. This Agreement may be terminated at the initiative of the Provider, presented orally (for individuals) or in writing (for legal entities) and transmitted to the Subscriber 5 (five) days before the termination of this Agreement, based on the improper performance of the Subscriber's obligations under the Agreement and its Appendices. In this case, the unused balance of funds is not refunded to the Subscriber, and the Subscriber's debt for services is compensated.
7.4. In case of termination of the contract for subscription services for reasons other than those listed above, issues of recalculation and payments are resolved by agreement of the Parties or in the established procedure through judicial authorities in accordance with the current legislation.
7.5. The Subscriber must inform the Provider of their consent or refusal to terminate this Agreement orally (for individuals) or in writing (for legal entities) no later than 5 (five) days before the termination of this Agreement. If the Subscriber does not inform the Provider of their consent or refusal to terminate this Agreement within the specified period, this Agreement is automatically considered terminated from the moment specified in clause 7.6. of this Agreement.
7.6. The moment of termination of this Agreement is considered to be the date occurring upon expiration of a 10 (ten) day period from the moment of notification by one of the Parties of the termination of this Agreement.
7.7. This Agreement is considered automatically terminated if, within a 30 (thirty) day period after the expiration of the paid period, no prepayment for services/works for the next period is received from the Subscriber.
7.8. In case of terminated contract for subscription services, the Provider has the right to block the Subscriber's electronic personal account (account) and delete the content posted on the technical resources of the Provider without prior notice.
8. Force Majeure
8.1. In case of force majeure circumstances that exclude or objectively impede the performance of this Agreement, the Parties have no mutual claims, and each of the Parties assumes its own risk of the consequences of these circumstances.
9. Language and applicable law of the contract
9.1. This Agreement is drawn up and governed in accordance with the current legislation of the Republic of Latvia.
9.2. The invalidity of one or more provisions of this Agreement does not entail its invalidity as a whole.
9.3. The Agreement is drawn up in 2 (two) copies in Russian, each of which has equal legal force.
10. Dispute resolution
10.1. Disputes and disagreements that may arise in the performance of this Agreement will be resolved through friendly negotiations between the parties to this Agreement.
10.2. In case the disputes and disagreements specified in clause 10.1. cannot be resolved by this method, they shall be considered by the arbitration court or by other means provided for by the current legislation. The court's decision is binding on both parties to this Agreement.
11. Term of the agreement and legal addresses of the parties
11.1. This Agreement is concluded for the term of the current licenses for the services provided and may be terminated at the initiative of either Party in accordance with section 7. of the Agreement. Upon extension of the term of the licenses (obtaining new licenses for this type of service), the Agreement is automatically extended for a new term.
11.2. This Agreement remains in force in case of changes in the details of the Parties, changes in their constituent documents, including, but not limited to, changes in ownership, legal form, etc. The Provider has the right to transfer the rights and obligations under the Agreement to another legal entity. In case of changes in the details, the Parties are obliged to notify each other within a 10-day period.
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