PUBLIC CONTRACT/Agreement (OFFERING) ABOUT PROVIDING HOSTING and DOMAIN SERVICES FROM AVROMIC LLC
Bellow presented general terms and conditions (GTC) of this public contract (from now on Contract)
Provider, We, Our, AVROHOST: “AVROMIC” LLC, which operates on the base of legislation of Republic of Armenia and its regulations/bylaws.
CUSTOMER: any resident and nonresident physical or juridical person, as well as company (regardless from property type). The conditions of this Contract are mandatory also for those Customers who provide reselling services. The Customer providing reselling services personally implement/execute/obey supporting of reselling services committed in this contract for their clients (customers).
AGENT: any resident and nonresident physical or juridical person, as well as company (regardless from property type) who for providing services mentioned in the 1.1 of this Contract involves Customers and for that purpose by the measurement, form and category accumulates bonuses and can cache these bonuses in the way convenient to Provider, as well as get services from Provider according to bonuses avrohost.com site
Provider caching bonuses is tax agent of Agent and pays these bonuses to Agent according to tax rates and category and other mandatory bills defined by the legislation of Republic of Armenia, also if the Agent according to its bonuses by the order defined in this Contract orders services to Provider.
Terms and Definitions
Site (internet -site, web-site): united/unified information structure contained interconnected pages devoted to some theme and available by the means of network,
Hosting: provisioning to Customer some virtual disk space on device pertaining to Provider for installation Customer’s site or other information.
Domain Name (domain): A domain name is an identification string that defines a realm of administrative autonomy, authority or control within the Internet. Domain names are formed by the rules and procedures of the Domain Name System (DNS). Any name registered in the DNS is a domain name. Domain names are used in various networking contexts and application-specific naming and addressing purposes.
Login data: login name and password, which is related to Customer for identification/authorization and allows login to the space of Provider’s server device.
IP, IP address: Internet protocol address, which provides data tranfer through whole internet
SSL (Secure Socket Layer):is a standard security technology for establishing an encrypted link between a server and a client—typically a web server (website) and a browser, or a mail server and a mail client using TCP/IP, but for encryption the public asymmetric key technology is used.
Virtual Dedicated Server (VDS) - Creation by Provider of virtual dedicated server for storing and using Customer’s site and other virtual data on the physical server according to Provider’s conditions, which have root login, personal IP address, opportunity to install Customer’s own software and Operating System, etc.
Dedicated Server: installation of the hosting on one fully dedicated server, without support /management/ of Provider, which is on the space of Provider or its partner company.
Internet Traffic: The amount of data transferred during certain period of time through Internet. The volume of transferred data is counted by packages, bits, bytes and by their multiples.
Unlimited: by the sense of this Contract in case of providing hosting services the using of server or the part of it for storing huge amount of personal (physical person) data or little business sites. The sites which will use big resources or will disturb the functioning of other users’ sites, the moving to bigger hosting services will be proposed.
- Contract Subject
1.1 Provider obligated/undertakes provide (offer) domain and/or hosting services (from now on Service): dedicated server, virtual server, SSL and same kind of services. Customer in its turn obligated/undertakes to admit/accept the Service and pay for that by the conditions and orders/rules/regulations stated in Contract.
- Contract implementation order
2.1 The Contract considered signed when Provider factually/actually start provide Service to Customer: send requisites by e-mail or it is becoming available to Customer on provided space in avrohost.com site and activates Customer selected Services․
2.2 Customer submits Service providing request (from now on Request) to Provider to sign Contract. Request online filled-in should be submitted from client space of avrohost.com site by Customer and sent to Provider. In order to perform Customer identification Provider has right to request from Customer additional documents and other information, which Customer should submit upon request of Provider within 5 business days starting from request date, in other case Provider has right to suspend the Service providing till the requested data will be provided.
2.3 The presence of the technical ability of Services mentioned/pointed in Request by the Customer Provider sends to Customer’s email Service payment invoice according to defined time of tariff plan
2.4 On the base of presented invoice if the prepayment has not been done during 10 (ten) calendar days Provider has right do not accept further payment and cancel it with its corresponding request.
2.5 Provider for supplying Services provides to Customer accounting data through avrohost.com site by sending to Customer’s e-mail address, which Customer has mentioned during its subscription in avrohost.com site.
2.6 The Service providing start day is the activation day, day when Provider activates Services chosen by Customer according to this Contract , before that day Provider has right to provide Services in demo version.
2.7 Contract validity ends/treminated when payment deadline is reached/date is expired.
2.8 In case when Customer perform Service payment by new date the validity of Contract is prolonged with same conditions including Service price list changes.
2.9 Provider implements management/control and monitoring of work/functioning of its provided server device and software.
2.10 Provider has right unilaterally change the technical parameters of Contract for the purpose to upgrade/update Service quality, as well as change provided services/softwares, libraries, functions and management tools . If Provider changes technical parameters of the Contract and it leads to decreasing of technical conditions, then that changes considered as admitted/accepted (notified and admitted/accepted by defined category/order) since when Provider sets notification about that changes on its site.
2.12 During technical support Provider updates/upgrades functionality of its provided devices and softwares , which served/used for providing of the Service.
2.13 Technical support is provided upon Customer request. Request is sent by electronic system of Provider’s corresponding services (see Contract’s 8th point). The tasks/issues should be clearly formulated in the request, the domain name and other necessary information also should be mentioned in the request.
2.14 To perform the following actions the Customer accounting data should be mentioned in the Request. The Customer in its user support environment of avrohost.com site can do:
-Changing of tariff plan,
-Anabling/diabling of additional services,
-The recovery of any data from reserve storage,
-The deletion of any Customer data,
-Changing of Domain’s DNS servers.
2.15 Requests processed by their receiving order. Out of order processed those requests which require immediate action, for example changing of passwords because of their privacy loss, the devices and softwares provided by Provider requires repairing/restoring of their functionality/working ability. The processing time/duration of Requests is 24 hours. If for fulfilment of the Request Provider needs to ask its partners/colleagues (to provider of data transfer service, to datacenter, to device supplier bank, to Domain coordinator etc), then the accomplishment of the request could be prolonged till Provider gets answer from its partners.
2.16 The consultation and/or works of Customer hosting, programming, web-design, scripts, service devices and of Contract non related other similar questions/issues performed by additional agreement.
2.17 Taking into account the necessity to support the functionality of domain name system the Service supplying could be limited or suspended, after informing Customer about that by the email. If for further providing of the Services the immediate actions are required the works can done without in advance notification. The limitation eliminated when reasons of that limitation are eliminated.
- Sides rights and responsibilities
3.1. Provider should/is obligated to:
3.1.1 Start provisioning of Service since the moment when Contract has been signed during 5 business days upon Customer request of Service providing and existence of the proof of payment for that Service.
3.12 Provide qualified technical support to Customer on the base of defined terms and conditions of the Contract.
3.1.3 Inform Customer about changes of prices/price lists of the Services, their new features, other conditions of the Services by publishing them on the Provider’s site.
3.1.4 Assure Customer’s data information security according to the technical specifics of provided Services.
3.1.5 Assure working ability of provided softwares and their compatibility with other softwares according to normative rules of functionality of softwares.
3.1.6 Periodically update of its provided softwares. Provider unilaterally defines the parameters of its provided softwares for organasation of technical properties of Services.
3.1.7 Assure monthly backup of Customer’s data stored in Provider’s device. The mail messages and log files are not subject of backup procedure. This point is concerned only to shared web hosting services.
3.2 Customer is obligated to/should/must
3.2.1 Adhere/Perform Contract condition in time and fully pay for provided Services.
3.2.2 In case of formulation of Bank payment document mention Customer name or name and account number , on which base the payment is performed.
3.2.3 Be acquainted to official information published on Provider’s site and to legal acts of Republic of Armenia and/or of Customer’s economical activity (official registered or accounted) country, technical and security rules and commands , as well as to notification sent by the contact means/tool mentioned in 8.1 point of this Contract/Agreement
3.2.4 Use Service (own/supervise) according to Contract conditions and to legal acts of Republic of Armenia and/or of Customer’s economical activity (official registered or accounted) country, to technical and security rules and commands.
Customer has no right to
- Distribute or publish an information which contradicts to legislation of Republic of Armenia and/or legislation of Customer’s economical activity (official registered or accounted) country, as well as to norms of international rights/laws,
- Fully or partially publish or distribute illegally gathered copyright protected information without permission of information/data owner,
- Publish (as well as make/create/develop) or distribute computer viruses or other malware contained any information,
- Publish (as well as make/create) or distribute materials with pornographic content.
- Perform/implement advertisement or other information mass notification by email without agreement in advance with receiver (spam)
- Forge/falsify IP address, as well as identification data used in network protocols during data transferring in Internet
- Use hosting service as proxy server, Virtual Private Server (VPN) , as well as install software on hosting account related to proxy-server and VPN.
- Perform actions which will lead to corruption or inactivity of internet elements/items (computers, other devices and softwares)
- Perform action or inactivity to enter without permission to any internet (computer, other devices and information resource ) resource in order to use it for further entering , also for changing data or removing it from that resource.
- Perform actions , which can corrupt functionality of devices and softwares of Provider, as well as prevent other users to get Services. In particular it is forbidden to create/make/develope actions/processes which use more than 10 percent (at any moment of time) of server resource’s memory, unless the Service of dedicated server provided to Customer. The Operating System integrated tools are used for measuring of used resources.
- To violate the exploitation and requirement rules of Domain name, which is committed by legislation of Republic of Armenia and/or legislation of Customer’s economical activity (official registered or accounted) country or by iccan and other domain name provider’s normative legal acts, technical and security rules and commands.
It is the responsibility of Customer to be informed about aforementioned rules and requirements.
- Perform other actions which are forbidden by legislation of Republic of Armenia and/or legislation of Customer’s economical activity (official registered or accounted) country
3.2.5 Customer admits/accepts that the periodical update/upgrade of softwares performed by Provider is necessary and mandatory action to assure the security of server. Provider is obligated personally ensure the compatibility of its scripts and programmes with Provider’s provided softwares.
3.2.6 In case of complaints concerning provided Services Customer must inform about that to Provider within 3 (three) calendar days, starting when later does not perform or properly perform obligations by Contract undertaken by him. ….
3.3 Provider has right does not consider complaints , which does not compatible with time/period mentioned in 3.2.6 point of the Contract.
3.4 Provider has right unilaterally to terminate or partially suspend the Service provision until Customer resolves the violation stated/mentioned in 3.2.4 points or subpoints of Contract
3.5. Provider has right to fully or partially terminate, close or ban the using of softwares provided to Customer in case, if the usage of that softwares would lead to emergency situations, security and Contract violations.
3.6 Provdier has right to monitor or control the information, which Customer publish (enters, fills-in, downloads etc) on Provider’s device.
3.7 Provider has right to refuse to Customer to change software devices, if they can lead to disruption of functionality of other users sites.
3.8 Customer admits/accepts, that at the moment of Contract signing Provider has provided full and trustworthy information about Services stated in the Contract.
- The order/rules of Audits and Payments
4.1 The price of the Service is defined according to approved by Provider price list, which is published on Provider’s site.
4.1.1 The price of the Services stated/mentioned/pointed in price list includes all taxes.
4.2. Services according to Contract provided by prepayment condition, which is performed on the base of presented bill according to Contract conditions.
4.2.1 For the next period of Service operation the prepayment should be performed not later than end date of the current paid period on the base of bill presented to Provider
4.2.2 The payment for Service can be done by the payment versions mentioned in the Site.
4.3 The payment is done by the one of the Provider’s mentioned means according to legislation of Republic of Armenia
4.4 The payment from Customer for Services provided by Provider without receiving a bill from Provider or without mentioning/pointing in payment documents according to 3.2.3 point of this Contract can be ignored according to Contract and Services could not be provided.
4.5 According to Contract the Service considered as properly provided when there is no written complaints from Customer during 7 (seven) calendar days starting from Service providing day by Provider.
4.6 If Customer is jurical persion:
4.6.1 After 10 (ten) calendar days of Service providing Provider has right to make and send to Customer (by email) the act (from now on Act) of provided Services, which Customer signs and sends by email to Provider within 3 days from receiving day.
4.6.2 The Service Act is considered as signed by both sides in case when Customer does not return the signed Act of Service within 10 (ten) calendar days and there is no written complaints from Customer.
4.7 Provider has right unliterally change the price list, and besides Provider publish the changed price list on its site or by other means inform to Customer at least 7 (seven) calendar days before change.
4.8 In case of unilateral termination/dissolvement of the Contract by Customer the Provider does not return the Service prepayment done by Customer, excepting Hosting (web hosting) and reseller hosting services, if Customer within 30 (thirty) days has refused/denied/declined (web hosting) and reseller hosting services and has sent notification written or on email mentioned in 8.5 point.
In all those cases when Customer unilaterally terminates Contract and has payment remainings (from now on unused financial means/fund: free fund which has not been paid (used) for some Service), the Provider returns that money to Customer according to defined rules and conditions stated in 4.9 point of the Contract.
4.9 If Customer refuses/declines the Hosting (web hosting) Service according to defined rules stated in 4.8 point of the Contract, Provider returns to Customer prepayment for Service or the unused financial means taking into account , that the bank commissions for returning of unused financial means are on Customer. Provider has right do not return the paid amount of prepayment or unused financial means mentioned in this point if the cost/charge of the returning procedure exceeds the amount of prepayment or the amount unused financial means.
- The responsibilities/Obligations of the sides
5.1 In case of violation of this Contract the sides are responsible to legislation of Republic of Armenia and to volume, order/rules and conditions defined in this Contract.
5.2 Sides are not responsible for not performed (or not properly performed) obligations by the Contract , if the reason of that were circumstances of irresistible forces (Force Majeure).Force Majeure circumstances are military actions, the publication of normative acts that directly or indirectly prohibits the actions mentioned in Contract, which will prevent the performing of obligations of the Sides, which does not depend on will of the Sides.
5.3 Provider are not responsible for:
-Support of the efficient and uninterrupted functionality and availability of separate segments of Internet which are performed by the third party/persons,
-The availability in all segments of Internet of the information provided by Provider, because of the support of peculiarities of segments’ procedure performed by third party/persons.
-The existence and the content of the information of Customer installed on the Provider’s device.
-Disablity or uncomatibility of the programmes developed by Customer or by third party/persons
-The availability of private information and also accounting data to third party/persons, as well as for the consequences, if that happened because of Customer.
-For any damage happened to Customer because of distribution of accounting data performed by Customer.
-For the damage happened to Customer because of using Services and Internet.
5.4 Customer are responsible.
-For the accuracy of information provided to Provider,
-For information published or transferred on Internet by the Customer,
-For damage caused to Provider because of violation of 3.2.4 point of Contract.
5.5 Sides agreed that amount of damage charged from Provider defined by the amount of payment of Services, that have not properly performed, which has caused the damage. The calculation is made on a daily basis.
- Validity of the contract and its dissolvment order/rule
6.1 This Contract is valid till the end date mentioned in the Request.
6.2 In case of Customer pays for Service providing for new period of time the Contract considered re-signed with same condition excepting the amount of payment for the Service by 4.7 point of the Contract.
6.3 Sides have right to dissolve the Contract at any time by informing to other side by sending an appropriate notification in written form or to email mentioned in Contract. The Contract considered dissolved on 10th calendar day counted from day when an appropriate notification has been sent from one side to another in written form or to email mentioned in Contract.
6.4 Provider has right immediately unliterally dissolve the Contract , if Customer has violated the 3.2.4 point of the Contract.
6.5 The Sides can not demand financial and not financial claims if dissolvement of the Contract is based on the violation of the points stated in this Contract.
6.6 This Contract stops its validity when the rights of Service providing is transmitted to other person upon request of Customer.
- The procedure/rules of performing changes and additions in the Contract
7.1 The changes and addition in this Contract are performed by Provider unilaterally.
7.2 The Contract with changes and additions is placed/installed/puted on Provider’s official site and comes into force after 30 (thirty) calendar days from installation.
7.3 The Contract is valid for both Sides after the moment when changed Contract comes into force.
7.4 Customer has right to dissolve the Contract unliterally according to 6.2 point of this Contract if he does not agree with changes and additions done by Provider.
7.5 In case when Customer does not agree with changes and additions in the Contract, Customer must inform to Provider about dissolvement of the Contract according to regulations and rules stated in the Contract before the changed Contract comes into force, otherwise the changes and addition of the Contract considered as accepted.
- Additional conditions
8.1 Customer accepts that notification received by contact means (fax, email, the “Customer” section in Provider’s site) from Provider has force of law equal to written and paper carrier document.
8.2 By signing this Contract the Customer confirms, that he is provided and understood the full information related to providing Service by the Contract.
8.3 The full description of the Service is presented in published price list on Provider’s site.
8.4 The controversial issues in case of any not performed point of the Contract by the sides are resolved on the basis of mutual agreements. If the contradictions can not be resolved by mutual agreement then they are resolved according to legislation of Republic of Armenia.
8.5 The official site of Provider is http://avrohost.com, the email address is firstname.lastname@example.org. In case of any violation of the rights stated in this Contract please contact with us by email@example.com email address, to which We will reply in very short period of time.