AGREEMENT NO. 9999

м. Kiev

2013-07-10

Limited Liability Partnership “Tuthost”, which is a payer of corporate income tax at a general rate and payer of income tax on surplus value according to the Tax Code of Ukraine, hereinafter referred to as “Supplier”, represented by Director Denis Pavlovich Semenyuk, acting on the basis of the Statute, on one side, and TOO Company, hereinafter referred to as “Purchaser”, in the person of ___________________ ___________________, acting on the basis of ___________________, on the other side, hereinafter jointly named – Parties, and each separately – Party, signed this Agreement.

1. GENERAL PROVISIONS

1.1. Terms and definitions used in the Treaty
a) Customer is a person who accepts the terms of this contract and uses the services of the Contractor
b) Software, Program, License, LOI – EOM program, which is given to the Customer for a paid period of time.
c) Developer – the owner of the exclusive rights to the EOM programs, which gives the right to the immediate use of its software products. ISPmanager Lite/Pro, DSmanager, DNSmanager, VDSmanager Linux/FreeBSD, IPmanager, BILLmanager Standart/Advancced/Corporate – ISPsystem is the developer and owner of exclusive rights to the software products (http://ispsystem.com)
Description of these programs, including information about supported operating systems, can be found on the Internet sites of the developers listed above, or specify in the technical support.
d) Licensing system – a set of programs on the side of the Developer, which allows to control the right of the User to use the CP on the basis of the keys, or by connection to the IP address of the server, where the CP is installed
e) The Vikonauts’ website – http://tuthost.ua
f) Billing panel, ticket system – systems of communication between the Customer and the Contractor, located at https://my.tuthost.ua

2. SUBJECT MATTER OF THE AGREEMENT

2.1. The Contractor shall provide services for activation of the ISPsystem software (hereinafter referred to as “services”) by registering the end user to _____ objects, and the User shall accept and pay for them. The services that are provided include:

  • Providing an unique login and password that allows the Client to place orders for software and support services through the Contractor’s website;
  • Accepting payment from the Customer and ordering the appropriate software product from the Developer, as well as support and advice in setting up the software, if required by the tariff plan;
  • Transfer to the Licensing System of the Developer of the actions of the Subscriber from the Service management – removal of the Service, change of service information (according to the rules of the Developer), which is necessary to identify the Subscriber by the licensing system of the Developer;
  • The following options are available: a list of technical support services, a ticket system, electronic mail, and a telephone technical support service. Consultations may include assistance in installing and updating the Program, as well as solving other issues discussed in the tariff plan. If it is impossible to solve the problem, the Contractor has the right to submit the note to the Developer. To solve the problem, the User must provide SSH access to the server (ip, root and admin (if such is provided on the server) passwords, port). Otherwise, the Contractor does not guarantee the solution of the problem

2.2. The Services do not include adjustments or diagnostics of the Subscriber’s equipment used to access the Subscriber’s services or training in the use of the Internet.

3. LIMITATIONS ON THE USE OF SOFTWARE PRODUCTS

3.1. The user is prohibited from exercising his or her right to make the Software Product available to the public in any manner which gives third parties the actual ability to reproduce the Software Product in whole or in part.

3.2. Users are not allowed to modify the software product, i.e. make any changes to it, except for :
a) changes to the Software Product settings or other similar changes made by using the features described in the documentation (Supplementary Material) for the Software Product interface user;
b) adaptations, i.e. changes, regardless of how they are made, which are made solely for the purpose of operating 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 software company;
d) upgrading the software product with the help of the described and allowed system of plug-ins

4. COST OF SERVICES AND PAYMENT PROCEDURE

4.1. The cost of the Services is determined according to the price list published on the Contractor’s website.

4.2. The contractor has the right to unilaterally review and change the price of the Services. The Contractor notifies the Client about the new prices by publishing a notice on the Contractor’s website or by sending a notification to the Contractor’s email address. The effective date of the new Fee Schedule is the date of its publication on the official website of the Contractor.

4.3. Services are provided on the terms of the advance payment.

4.4. Payment for the Services is made in the form of an advance payment for both the ready-made and non-ready-made billing. Payment can be made by the Buyer at any bank of Ukraine, or via express-payment terminals according to the instructions for payment via terminals. When paying through a bank, the Consumer is required to indicate in the payment document the number of the issued account in the Contractor’s billing system. The Contractor has the right not to provide services if the Customer has not indicated the unique account number in the payment document before the moment of bringing the payment document to conformity.

4.5. The customer is solely responsible for the correctness and timeliness of payments made by him/her. If the bank account details of the Acquirer have changed since the new account details were published on the Acquirer’s official website, the Acquirer shall be solely responsible for the payments made on the outdated account details.

4.6. The fact of payment for the Service shall be deemed confirmed, and the Customer’s account shall be deemed opened after the bank receives information about the transfer of funds to the account of the Contractor.

4.7. The term of use of the License is equal to the term of use of the Software Product specified by the Subscriber when ordering the License. After the end of this period, the user has no right to use the software product,
the provision of services may be restricted.

4.8. Services can be transferred to third parties, including the transfer of services to other companies under the condition of full payment for services rendered or goods.

5. ORDER OF RENDERING SERVICES

5.1. The Contractor submits an invoice to the Client in accordance with the official price, which is published on the official website of the Contractor.
5.2. Provision of services by the Contractor and receipt of services by the Customer is certified by the Certificate of Acceptance of Services signed by the Parties and confirmed by software certificates (hereinafter – SOW). The Acceptance Act shall be signed on the date of handing over by the Contractor to the Purchaser the certificates for the equipment in three (3) original originals.
5.3. The services must be rendered by the Contractor within 3 working days from the date of the advance payment according to clause 4.4. The Treaty.

6. SPECIAL CONDITIONS AND RESPONSIBILITY OF THE PARTIES

6.1. Contractor does not warrant that the Services will be completely error-free or error-free and does not guarantee that the installed software or any other materials will be free of system defects. The contractor makes all reasonable efforts and steps to prevent this and to warn the user of possible errors.

6.2. The Contractor shall not be liable for any direct or indirect loss incurred by the User as a result of the use or inability to use the Services or the assignment as a result of errors, omissions, interruptions in service, removal of files, defects, delays in service or transmission, or changes in functions or other causes.

6.3. The Contractor is not responsible for the quality of the public telecommunications channels used to access the Contractor’s Services.

6.4. Subscriber assumes full responsibility and risks associated with the use of the Internet through the Services, including the responsibility to evaluate the accuracy of the Services, completeness and usefulness of any thoughts, ideas, other information, as well as the quality and properties of goods and services made available on the Internet and provided to Consumers through the Services.

6.5. The user is fully responsible for keeping his password and for any losses that may arise through unauthorized use of it. In the case of theft of the login and password due to the fault of third parties, the client has the right to send an application for change of login and password to the address of the Contractor, with mandatory attachment of the corresponding financial document to the application, to confirm payment for the Services, as well as a copy of the personal identification document (for the Consumer – physical person) or certificate of registration (for the Consumer – legal entity).

6.6. The Service Provider has the right to refuse to provide the Services to the Customer without giving a reason and with a mandatory refund of the advance payment

6.7. The Contractor will only fulfill requests for technical support from the Contractor’s contact email address or from an account on the Contractor’s website. The contact email address is the one provided at registration on the Contractor’s website. The user can change the contact e-mail address in the registration database when logging in to the listing panel.

6.8. The contractor does not guarantee the change of license information in the licensing system of the Developer in automatic mode. For ISPsystem products automatic IP change is possible not more than once per 30 days.

6.9. In case the user deletes the service through the Vendor’s billing system, the duration of the license is not reduced.

6.10. If the deadline for payment for the services rendered is violated, the Buyer shall pay the penalty at the rate of the National Bank of Ukraine’s discount rate for each day of delay.

7. THE ORDER OF CONSIDERATION OF CLAIMS AND DISPUTES

7.1. Claims of the Customer concerning the provision of the Services are accepted by the Contractor only in writing and not later than 3 business days from the date of occurrence of a disputed situation. The time period for the Customer’s claims examination shall not be longer than 14 (fourteen) business days.

7.2. Claims against the Contractor in connection with the provision of the Services shall be settled upon presentation by the Contractor of appropriate financial documents evidencing payment for the Services.

7.3. To resolve technical issues when identifying the fault of the Consumer as a result of his wrongdoing while using the Internet, the Contractor has the right to independently engage third parties to identify the problem

7.4. When considering disputes, as proof, the parties are entitled to submit unpacked electronic sheets (e-mail), with saved service technical information in them (headers). If service technical information (headings) is missing, this sheet is not proof. The validity of the headings of the electronic sheet can be confirmed by the Internet Service-Provider, through which the electronic sheet was submitted, or by independent examiners.

7.5. If it is not possible to resolve the dispute through negotiations, the parties have the right to appeal to the Ukrainian court for the resolution of the dispute.

8. THE MOMENT THE TREATY COMES INTO FORCE. TERM DLЇ. ORDER OF DISCONNECTION

8.1. The Recipient has the right to unilaterally withdraw from the services of the Service Provider at any time.

8.2. The Contractor has the right to unilaterally refuse service to the Client without explaining the reasons, taking into account clause 6.3.

8.3. If the Services are terminated before the end of the contract, the Subscriber shall be reimbursed for the unused maintenance services, as well as the funds from the balance sheet of the billing. Refunds are made on submission of financial documents by the Custodian, which confirm the payment. When returning the money, the contractor has the right to deduct the cost of goods and services received as a gift according to the current tariffs.

8.4. The contract is effective from the moment of payment for the services in accordance with the procedure established by this contract.

8.5. For all matters not covered in this text of the contract, the Parties shall be governed by the current legislation of Ukraine.

9. PARTY DETAILS

PostachalnikThe Buyer
Limited Liability Partnership “Tuthost”
IPN: 376430626585, EDPOW 37643061,
VAT certificate number 200131746
P/H: UA7530529900026005005016882, MFO: 305299 in AT CB “PRIVATBANK

Legal address: 03069, Ukraine, Kiev, ul. Gajov 14

Postal address: 03087, Ukraine, Kiev, A/S 86

Tel: +380 (44) 332-30-50, Fax: +380 (44) 332-30-50
Company TOV
EDRPOU 12___________________
P/R: ___________________,
MFI: ___________________ в ___________________

Legal addresses: ___________________, Ukraine, ___________________, ___________________

Postal addresses: ___________________, Ukraine, ___________________, ___________________

Tel: , Fax: ,
E-mail:

Signatures of Parties

Limited Liability Partnership “Tuthost”
director
_________________ / Semenyuk Denis Pavlovich /
Company TOV
___________________
_________________ / ___________________ /