The individual entrepreneur “Denis Pavlovich Semeniuk”, who is a single tax payer in accordance with the Tax Code of Ukraine, hereinafter referred to as the “Supplier”, represented by the director Semeniuk Denis Pavlovich, acting on the basis of the state registration certificate, on the one hand, and the Buyer, hereinafter referred to as the “Buyer”, on the other hand, hereinafter jointly referred to as the Parties, and each separately as a Party, have signed this Agreement.

1. GENERAL PROVISIONS

1.1. Terms and definitions used in the Agreement
а) User – a person who accepts the terms of this Agreement and uses the services of the Contractor
б) Software Product, Program, License, Software means a computer program provided to the User for use for a paid period.
в) Developer is the owner of the exclusive right to computer programs, which gives the right to temporarily use its software products.
For a description of these programs, including information about supported operating systems, please visit the websites of the developers listed above or contact technical support.
г) Licensing system is a set of programs on the Developer’s side that allows controlling the right to use the Software by the User on the basis of keys or by linking to the IP address of the server where the Software is installed
д) The Contractor’s website is http://tuthost.ua
е) Billing panel, ticket system – systems of interaction between the User and the Contractor located at https://my.tuthost.ua

2. SUBJECT OF THE CONTRACT

2.1. The Contractor undertakes to provide software activation services (hereinafter referred to as the services) by registering the end user on _____, and the User undertakes to accept and pay for them. Services provided include:

  • providing unique login and password allowing the User to place orders for software and support services through the Contractor’s website;
  • accepting payment from the User and ordering the relevant software product from the Developer, as well as assistance and consultations in setting up the software, if it is stipulated by the tariff plan;
  • transferring the User’s actions to the Developer’s licensing system for managing the Service – deleting the Service, changing the service information (according to the Developer’s rules) necessary for identifying the User by the Developer’s licensing system;
  • technical support through a ticket system, e-mail and telephone support. Consultations may include assistance in installing and updating the Program, as well as solving other issues specified in the tariff plan. If it is impossible to resolve the issue, the Contractor shall have the right to transfer the request to the Developer. To resolve requests where access to the server is required to diagnose and resolve the problem, the User is obliged to provide SSH access to the server (ip, root and admin (if provided on the server) passwords, port). Otherwise, the Contractor does not guarantee the solution of the problem

2.2. The Services do not include configuration or diagnostics of the User’s equipment used to access the Contractor’s services, as well as training in Internet skills.

3. RESTRICTIONS ON THE USE OF SOFTWARE PRODUCTS

3.1. The User is prohibited from exercising the right to make the Software product public in any way that actually allows third parties to reproduce the Software product in whole or in part.

3.2. The User is prohibited from modifying the Software Product, i.e. making any changes to it, except for :
a) changing the settings of the Software Product or other similar changes made by using the user interface features of the Software Product described in the documentation (Supporting Materials);
b) adaptation, i.e. changes, regardless of the way they are made, which are made solely for the purpose of functioning of the Software Product on specific hardware of the User or under the control of specific programs of the User;
c) installing updates to the Software Product released by the developer;
d) modification of the software product using the described and authorized plug-in system

4. COST OF SERVICES AND PAYMENT PROCEDURE

4.1. The cost of the Services shall be determined in accordance with the price list published on the Contractor’s website.

4.2. The Contractor has the right to unilaterally review and change the cost of the Services. The Contractor shall notify the User of the introduction of new prices by publishing a notice on the Contractor’s website or by sending a message to the User’s email. The effective date of the new Tariff Plan shall be the date of its publication on the official website of the Contractor.

4.3. Services are provided on a prepaid basis.

4.4. Payment for the Services shall be made in the form of prepayment both in cash and by bank transfer. Cash payment can be made by the User at any branch of Ukrainian banks or through express payment terminals in accordance with the instructions for payment through terminals. When paying through a bank, the User shall indicate in the payment document the number of the invoice issued in the Contractor’s billing system. The Contractor shall have the right not to provide services if the User does not specify an individual account number in the payment document until the payment document is brought into compliance.

4.5. The User is solely responsible for the correctness and timeliness of payments made by him/her. In case of change of the Contractor’s bank details, from the moment the new details are published on the Contractor’s official website, the User shall be solely responsible for payments made using the outdated details.

4.6. The fact of payment for the Service shall be deemed confirmed and the User’s personal account opened upon receipt of information from the bank about the transfer of funds to the Contractor’s account.

4.7. The term of use of the License is equal to the term of use of the Software Product selected by the User when ordering the license. After the expiration of this period, the user is not entitled to use the software product,
the provision of services may be suspended.

4.8. Services may be transferred to third parties, including transfer to other companies, subject to full payment for the services or goods provided.

5. PROCEDURE FOR THE PROVISION OF SERVICES

5.1. The Contractor shall issue an invoice to the User in accordance with the current price list published on the official website of the Contractor.
5.2. The provision of services by the Contractor and the receipt of services by the User shall be certified by the Acceptance Certificate signed by the Parties, confirmed by software certificates (hereinafter referred to as the “Software”). The Certificate of Acceptance of Services rendered shall be signed on the date of transfer by the Contractor to the User of the Software certificates in 3 (three) original copies.
5.3. The services shall be provided by the Contractor within 3 working days from the date of payment of the advance payment in accordance with clause 4.4. of this Agreement.

6. SPECIAL CONDITIONS AND LIABILITY OF THE PARTIES

6.1. The Service Provider does not guarantee absolute uninterrupted or error-free operation of the Services and does not warrant that the offered software or any other materials are free from system errors. the Contractor shall take all reasonable efforts and measures to prevent this and to warn users of possible errors.

6.2. The Contractor shall not be liable for any direct or indirect damage caused to the User as a result of the use or inability to use the Services or caused as a result of errors, omissions, interruptions in operation, deletion of files, defects, delays in operation or data transmission, or changes in functions and other reasons.

6.3. Виконавець не несе відповідальності за якість каналів зв’язку загального користування, за допомогою яких здійснюється доступ до Послуг Виконавця.

6.4. The User assumes full responsibility and risks associated with the use of the Internet through the Services, including responsibility for assessing the accuracy, completeness and usefulness of any opinions, ideas, other information, as well as the quality and properties of goods and services distributed on the Internet and provided to the User through the Services.

6.5. The User is fully responsible for the safety of his/her password and for any losses that may arise due to its unauthorized use. In case of login and password theft due to the fault of third parties, the Client has the right to send an application to the Contractor for changing the login and password, with the obligatory attachment to the application of the relevant financial document confirming payment for the Services, as well as a copy of the identity document (for the User – an individual) or registration certificate (for the User – a legal entity).

6.6. The Contractor shall have the right to refuse to provide the Services to the User without giving any reason with a mandatory refund of the prepayment

6.7. The Contractor shall fulfill the User’s technical support requests sent only from the User’s contact e-mail or account on the Contractor’s website. The contact e-mail is the address specified during registration on the Contractor’s website. The user can change the contact e-mail in the registration database when entering the billing panel.

6.8. The Contractor does not guarantee the change of license information in the Developer’s licensing system in an automatic mode.

6.9. In case the user deletes the service through the Contractor’s billing system, the license validity period is not refundable.

6.10. In case of violation of the payment term for the services rendered, the Buyer shall pay a penalty in the amount of the discount rate of the National Bank of Ukraine, from the amount of underfunding for each day of delay.

7. PROCEDURE FOR HANDLING CLAIMS AND DISPUTES

7.1. The User’s claims regarding the provision of the Services shall be accepted by the Contractor for consideration only in writing and within 3 business days from the date of the dispute. the period for consideration of the User’s claims shall not exceed 14 (fourteen) business days.

7.2. Claims against the Contractor related to the provision of the Services shall be considered upon presentation by the User of the relevant financial documents confirming payment for the Services.

7.3. To resolve technical issues in determining the User’s guilt as a result of his/her illegal actions when using the Internet, the Contractor has the right to independently involve third parties to determine the problem

7.4. When considering disputes, the parties have the right to provide printed e-mails (e-mail) with the saved official technical information in them (headers) as evidence. If the official technical information (headings) is missing, such a letter is not evidence. The originality of the email headers can be confirmed by the Internet Service Provider through which the respective email was sent or by independent experts.

7.5. If it is impossible to resolve the dispute through negotiations, the parties have the right to apply to a court of Ukraine to resolve the dispute.

8. THE MOMENT OF ENTRY INTO FORCE OF THE AGREEMENT. TERM OF ACTION. TERMINATION PROCEDURE

8.1. The User has the right to unilaterally withdraw from the Contractor’s Services at any time.

8.2. The Contractor shall have the right to unilaterally refuse to provide services to the User without explaining the reasons, taking into account clause 6.3.

8.3. In the event of early termination of the Services in accordance with the Agreement, the User shall be refunded for unused technical support services, as well as funds from the billing balance. Refunds are made upon presentation of financial documents confirming payment. When refunding funds, the Contractor has the right to deduct the cost of goods and services received by the User as a gift in accordance with the current tariffs.

8.4. The Agreement shall enter into force upon payment for the Services in accordance with the procedure established by this Agreement.

8.5. On all matters not regulated in this Agreement, the Parties shall be governed by the current legislation of Ukraine.