1.1. During the term and in accordance with the terms of this Agreement and its Annexes, which are an integral part of this Agreement, the Contractor undertakes to provide the Customer with the orders ordered by him on the Contractor's website https://9vds.com, as well as in the Control Panel at https://cp.9vds.com information technology services (hereinafter referred to as the "Services"), and the Customer undertakes to pay for the Services in accordance with the procedure established by this Agreement, at the rates specified in the relevant Annexes to this Agreement.
1.2. In accordance with the terms of this Agreement and its Annexes, the Contractor undertakes to provide Services for the activation, deactivation and change of the parameters of the Services provided.
1.3. The list of Services provided to the Customer, their tariffication and features, guarantees and technical properties, cost, volume, as well as the procedure for the provision of services are defined in the Annexes to this Agreement.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The Contractor undertakes:
2.1.1. provide the Customer with the Services in an appropriate manner, to the extent and within the time frame stipulated by this Agreement and its Annexes;
2.1.2. notify the Customer via electronic communication of planned technical interruptions in the provision of the Services;
2.1.3. in the event of a change in the consumer qualities of the Service, inform about these changes by publishing such information on the Contractor's website https://9vds.com;
2.1.4. within 5 (five) working days to eliminate malfunctions that prevent the use of the Services, if these malfunctions are in the area of responsibility of the Contractor. The Contractor's area of responsibility includes equipment that is owned or rented by the Contractor, or owned or rented by third parties involved by the Contractor;
2.1.5. properly comply with all the conditions of this Agreement and its Annexes.
2.2. The performer has the right:
2.2.1. check compliance with the conditions and restrictions when using the Services by the Customer;
2.2.2. make changes to the technical properties and features of the Services aimed at improving the consumer qualities of the Services, provided that the scope of functions available to the Customer will not be reduced when using the Services;
2.2.3. involve third parties in the performance of its obligations under the Agreement, remaining fully responsible for the actions of the involved parties;
2.2.4. demand additional payment from the Customer if, due to the fault or initiative of the latter, the volume of actually rendered Services exceeded the volume of services provided for by the terms of this Agreement, its Annexes and the Order in the Control Panel;
2.2.5. in the event that payment is not received from the Customer or payment is not received in full, immediately suspend the provision of the Services until the moment of payment, notifying the Customer about it, and if the delay in payment exceeds 20 (twenty) days from the date of invoicing by the Contractor - unilaterally terminate this Agreement. In case of termination of the Agreement for the specified reasons, the Customer is not released from the obligation to pay off the debt;
2.2.6. unilaterally change the terms of this Agreement and its Annexes, having previously notified the Customer about this by publishing a relevant announcement on the Contractor's website https://9vds.com. If the Customer has not terminated the Agreement before the introduction of new tariffs and / or conditions for the provision of services, then changes in the terms of this Agreement and its Annexes, tariffs, in the relevant part, are considered accepted by the Customer;
2.2.7. immediately, with or without prior notice, suspend the provision of Services to the Customer, including disabling the Customer’s software or hardware (including in the event of seizure, confiscation of the Customer’s software or hardware, etc.), based on the official instructions of the authorized state body in accordance with the legislation of the Russian Federation;
2.2.8. immediately, with or without prior notice, suspend the provision of Services to the Customer, including disabling the Customer's software or hardware, in the following cases:
Violation by the Customer of the Rules for using the services;
detection of a DDoS attack directed at the Customer's equipment or network resource, if the attack bypasses the protection mechanisms used by the Contractor;
if the provision of the Services may endanger the security and defense of the state, the health and safety of people;
Violation by the Customer of the Rules for the technical operation of equipment;
actions or inactions of the Customer that can lead to failure of the technical and / or software of the Contractor and third parties;
implementation by the Customer of actions aimed at disrupting the normal functioning of the elements of the Internet;
implementation by the Customer of other actions that are expressly prohibited or not provided for by the contract, but containing the composition of an administrative offense or a criminal offense, or violating the rights and legitimate interests of third parties;
2.2.9. during the entire term of this Agreement, in case of doubts about the reliability of the data provided by the Customer, request additional information and (or) require confirmation of the information provided. The request is sent by e-mail to the contact address of the Customer. If this information is not provided by the Customer within 3 (three) calendar days from the date of the first request, the Contractor has the right to:
reject the Customer's application for a new Service;
suspend the provision of Services to the Customer;
reject the Customer's application for the renewal of the Service.
The above restrictions are removed within 3 (three) working days from the moment the Customer submits the requested information.
If the required information is not provided within 10 (ten) calendar days from the date of the first request, the Contractor has the right to terminate this Agreement;
2.2.10. the time of suspension of the provision of services for the reasons specified in paragraphs. 2.2.5., 2.2.7., 2.2.8., 2.2.9. and 2.2.11. of this Agreement, is not considered a break in the provision of the Services and cannot be considered as a violation by the Contractor of its obligations under this Agreement. The suspension time is subject to payment in accordance with the terms of this Agreement and its Annexes;
2.2.11. suspend the provision of the Services for the time necessary to carry out preventive (regulatory) work in the networks and at the Contractor's facilities;
2.2.12. The Contractor undertakes to notify the Customer in advance by means of electronic communication about the conduct of preventive (routine) work in the networks and at the Contractor's facilities;
2.2.13. other rights of the Contractor are reflected in the Agreement and its Annexes.
2.3. The customer undertakes:
2.3.1. use the Services solely in accordance with the terms of this Agreement and its Annexes;
2.3.2. accept and pay for the Contractor's Services in a timely manner in the amount and within the time limits established by the Agreement and its Annexes;
2.3.3. provide the Contractor with the opportunity to freely check compliance with the conditions and restrictions in the process of using the Services;
2.3.4. independently maintain the operability of communication channels and / or equipment necessary for receiving the Services and outside the area of responsibility / control of the Contractor. The Contractor's area of responsibility includes communication channels and equipment owned or leased by the Contractor;
2.3.5. provide the Contractor with the materials, documents and information necessary for the Contractor to fulfill its obligations under this Agreement;
2.3.6. provide and update, in case of changes, the contact information of the Customer's contact persons within 3 days from the date of such changes through the ticket system;
2.3.7. ensure the confidentiality of its account information (login and password assigned to the Customer). The Customer fully bears the risk of the consequences of the loss of authorization data;
2.3.8. at least once a week to get acquainted with the official information related to the provision of the Services, published on the Contractor's website https://9vds.com;
2.3.9. properly comply with all the terms of this Agreement.
2.4. The customer has the right:
2.4.1. use the Contractor's Services within the limits established by the Agreement and its Annexes;
2.4.2. transfer its rights and obligations under this Agreement to other individuals or legal entities only with the written permission of the Contractor;
2.4.3. use the Services in conjunction with any third parties, including on a gratuitous basis;
2.4.4. subject to the conditions of clause 2.4.7. of this Agreement exceed the parameters of the Services fixed in the Agreement and its Annexes, the Order in the Control Panel;
2.4.5. use the Services subject to the following restrictions:
2.4.6. the Services provided do not have guaranteed protection against errors or incorrect actions in the process of using the Service;
2.4.7. in the event that the Customer exceeds the quantitative parameters of the Service fixed in the Agreement and its Annexes, in the Order in the Control Panel, deterioration of its qualitative parameters is allowed.
2.4.8. contact the Contractor regarding the provision of additional Services to the Customer;
2.4.9. change the volume of the ordered Services, subject to notification of the Contractor through the ticket system at least 10 business days in advance. These changes take effect from the moment the Service parameters are changed in the Control Panel;
2.4.10. refuse the ordered Services, provided that the Contractor is notified about this through the ticket system at least 10 working days in advance and on the conditions specified in clause 7.11. The refusal takes effect from the moment the Service is disabled in the Control Panel;
2.4.11. independently back up your data at intervals that allow you to avoid the loss of information as much as possible in cases of interruptions in the provision of the Services caused by an accident and other reasons beyond the control of the Contractor;
2.4.12. other rights of the Customer are reflected in the Agreement and its Annexes.
3. PROCEDURE FOR RENDERING AND ACCEPTANCE OF SERVICES
3.1. The interaction of the contact persons of the Customer and the Contractor in the process of consuming the Services provided is carried out through the centralized Support Service of the Contractor, in accordance with the rules published on the Contractor's website https://9vds.com. Contact persons of the Customer for interaction with the Contractor are indicated in the Control Panel of the Customer's account at https://cp.9vds.com.
3.2. In case of unsatisfactory quality or interruptions in the process of using the Services, the Customer's contact person informs the Contractor's Support Service about this. The period of interruption in the use of the Services is counted from the moment the Contractor confirms the information from the registered application of the Customer's contact person and ends at the moment the Customer's contact person is informed about the resumption of the Services.
3.3. Delivery and acceptance of the Services is carried out on the basis of the Service Acceptance Certificate. The certificate of completion on paper is sent to the Customer by mail at the beginning of each quarter for the previous one, if there is an official request on the letterhead of the organization indicating the current postal address.
3.4. At the end of the reporting period, the Contractor generates an electronic service acceptance certificate, which is provided upon request to the Financial Department in the personal account at https://cp.9vds.com, or upon request by e-mail bill@9vds.com.
3.5. The Customer, within 3 (three) working days from the date of receipt of the Service Acceptance Certificate, is obliged to send to the Contractor 1 (one) copy of the Service Acceptance Certificate signed by him or a written reasoned refusal to accept the Services rendered by mail.
3.6. In case of failure to provide a reasoned refusal and the Customer fails to fulfill the conditions for accepting the Services, the Services are considered rendered in full and of proper quality, accepted by the Customer and subject to payment.
4. SERVICE COST
4.1. The cost of the Services rendered to the Customer under this Agreement is determined in accordance with the tariffs specified in the Appendix to this Agreement, the Order in the Control Panel.
4.2. The volume and cost of the Services rendered to the Customer for each month of this Agreement is determined solely on the basis of the readings of the Contractor's own metering devices in accordance with the Price List for Services. If, due to the fault or initiative of the Customer, the volume of actually rendered Services exceeded the volume of Services stipulated by the terms of this Agreement, its Annexes, the Order in the Control Panel, the Customer is obliged to pay the cost of the Services received in excess of those established by this Agreement, its Annexes, the Order in the Control Panel. The basis for billing the Customer for the Services rendered is the data received using the Contractor's accounting devices. In connection with the use of a simplified taxation system, on the basis of Article 346.11, clause 2 of the Tax Code of the Russian Federation, the Contractor is not recognized as a taxpayer of value added tax. No invoices will be issued based on the above.
4.3. The cost of the actually rendered Services is taken into account in whole rubles, without kopecks. In case of receipt of fractional amounts, they are subject to rounding up. Services are provided by the Contractor subject to a positive balance on the Customer's account in the Control Panel.
5. PROCEDURE AND TERMS OF PAYMENT
5.1. Payment for Services under this Agreement is made by the Customer on a monthly basis by transferring an advance payment in the amount of 100% (one hundred) of the cost of Services, within 5 (five) working days from the date of invoice by the Contractor. The Customer can independently generate an invoice in the Contractor's Control Panel at https://cp.9vds.com . When the Customer independently generates an invoice in the Control Panel, the Customer independently selects the tariff and determines the period of Service provision.
5.2. The date of payment is the date of receipt of funds to the Contractor's current account. Payments under the Contract are made by the Customer to the Contractor's address using the details specified in the invoice. All expenses related to the transfer of funds to the Contractor's current account are borne by the Customer.
5.3. The cost of additional Services rendered to the Customer may be included by the Contractor in a monthly invoice, or a separate invoice may be issued for the cost of Services rendered. If a separate invoice is issued, it is payable within 5 (five) business days from the date of its issuance. The Customer can independently generate an invoice in the Contractor's Control Panel at https://cp.9vds.com and pay for it within 5 (five) working days from the date of formation.
6. THE ORDER OF INTERACTION OF THE PARTIES
6.1. The procedure for interaction of the Parties in the process of rendering Services, including the procedure and forms of information exchange between the Parties, the procedure for mutual settlements of the Parties is determined by the Rules for using the services, Annexes to this Agreement, the rules published on the Contractor's website at: https://9vds.com/terms.html ">https://9vds.com/terms.html .
7. RESPONSIBILITY OF THE PARTIES
7.1. The Parties shall be liable for non-fulfillment or improper fulfillment of their obligations under this Agreement in accordance with the current legislation of the Russian Federation.
7.2. Each of the Parties is solely responsible for the observance of the rights of third parties to the results of intellectual activity in relation to the hardware and software used by its employees.
7.3. In accordance with Article 44 of the Federal Law "On Communications", the Contractor has the right to suspend access to the Services in case the Customer violates the terms of this Agreement and its Annexes, as well as the current legislation of the Russian Federation.
7.4. The suspension of the provision of Services, including with the disconnection of the Customer's software or hardware, is carried out until the Customer fulfills the Contractor's requirements to eliminate violations, and does not cancel the Customer's fulfillment of its obligations under the Contract, including obligations for monthly payment.
7.5. If the Customer has not eliminated the violation that caused the suspension of Services within 20 (twenty) days from the date of the violation, the Contractor has the right to terminate this Agreement with the Customer unilaterally without any compensation to the latter.
7.6. The Contractor, under no circumstances, is not liable to the Customer for indirect damages. The term "indirect losses" includes, but is not limited to, loss of income, profits, expected savings, business activity or reputation. The Contractor is responsible for documented real damage. In any case, the Contractor's liability, if any, is limited to the amount of actual documented damage and cannot exceed 100% (one hundred) of the amount of Services rendered in the previous reporting period.
7.7. The Customer assumes full responsibility for claims and claims of third parties caused by his activities, including under contracts for the provision of Services to them, the provision of which is partially or completely carried out by the Customer with the help of the Contractor's Services. If any claims arising from the violation of intellectual property rights, exclusive rights, patent, copyright, related or other legally protected rights are brought against the Contractor by the fault of the Customer from third parties, the Customer undertakes to assume these claims and reimburse the Contractor for all losses and expenses incurred by the Contractor in connection with the violation of such rights, and at his own expense and at his own risk immediately take measures to resolve the claims.
7.8. Compensation is taken into account in the form of recalculation of the amount of payment for using the Service in the period following the reporting period.
7.9. In case of late payment of invoices, the Contractor reserves the right to charge a penalty in the amount of 0.1% of the unpaid amount for each day of delay.
7.10. Payment of the penalty fee does not release the Customer from the fulfillment of its obligations or the elimination of violations under this Agreement.
7.11. If the Customer refuses the Services after accepting the Contract and paying for the Service, but before the end of the minimum period for the provision of such Services, fixed in the relevant Appendix, the funds will not be returned to the Customer for the period actually remaining until the end of the minimum period for the provision of Services.
7.12. The Contractor is not responsible to the Customer for the security of the sites hosted under this Agreement.
7.13. The Contractor is not responsible to the Customer for the security of his data in case of theft or loss by the Customer of his credentials with access to the Services ordered under this Agreement.
8. FORCE MAJEURE CIRCUMSTANCES
8.1. The Parties are released from liability for partial or complete non-fulfillment of obligations under this Agreement if it was the result of force majeure determined in accordance with paragraph 3 of Article 401 of the Civil Code of the Russian Federation, and confirmed by authorized organizations or state bodies.
8.2. If any of these circumstances directly affected the performance of obligations within the time period established by this Agreement, then this period is proportionately extended for the duration of the relevant circumstance.
8.3. A Party that does not fulfill its obligations under the force majeure circumstances specified in clause 8.1. of this Agreement must notify the other Party in writing of the facts of the occurrence of such circumstances and their impact on the performance of the Agreement, as well as the termination of the circumstances that have arisen. The written notification must be accompanied by a certificate from the relevant authority confirming the occurrence or termination of force majeure circumstances.
8.4. If the Party whose obligations are prevented by force majeure circumstances does not notify the other Party of the occurrence of such circumstances within 10 (ten) days with the attachment of the relevant certificate, such Party loses the right to refer to these circumstances.
8.5. If force majeure circumstances have been acting consistently for two months and show no signs of termination, this Agreement may be terminated unilaterally by either Party by sending a written notice to the other Party without obligations to compensate for possible losses.
9. DISPUTE RESOLUTION
9.1. If there are unresolved disagreements between the Parties, disputes are considered in the Arbitration Court of Moscow or in the court of general jurisdiction at the location of the Contractor (if the Customer is an individual).
9.2. In order to resolve technical issues when determining the fault of the Customer as a result of his illegal actions when using the Internet, the Contractor has the right to independently involve specialized organizations as experts. If the fault of the Customer is established, the latter is obliged to reimburse the costs of the examination within 10 (ten) days.
10. OTHER CONDITIONS
10.1. The Contract and all Annexes thereto fully exhaust the agreement between the Parties on the provision of Services and cancel all other agreements and statements made orally or in writing before the acceptance of the Contract.
10.2. Invalidation of any provision of this Agreement does not entail invalidation of the remaining provisions of this Agreement.
10.3. The Contractor has the right to disclose information about the Customer only in accordance with the legislation of the Russian Federation.
10.4. The Customer is not entitled to transfer its obligations under this Agreement without the written consent of the Contractor.
10.5. Neither Party has the right to disclose any technical, commercial, or other information related to the performance of this Agreement without the written consent of the other Party. This restriction does not apply to the fact that the parties have concluded this Agreement.
11. THE TERM OF THE CONTRACT AND THE PROCEDURE FOR ITS TERMINATION.
11.1. This Agreement comes into force from the moment of its acceptance by the Customer and is valid for 1 (one) year.
11.2. If none of the parties declares its desire to terminate the Contract no later than 30 (thirty) days before the expiration of the Contract, it is extended for the next year on the same terms.
11.3. This Agreement may be terminated prematurely by agreement of the parties.
11.4. Upon termination of the contract before the expiration of the paid period, the Contractor returns the cost of unused Services. Funds are not refunded for the period actually remaining until the completion of the minimum period for the provision of services, which is indicated in the relevant Appendices.
11.5. The Contractor has the right to terminate this Agreement unilaterally in the cases provided for by this Agreement, its Annexes and the current legislation of the Russian Federation.
Virtual server services
1.2. The minimum period of Service provision is 1 (one) month.
1.3. The deadline for the start of the provision of Services should not exceed 1 (one) working day from the date of receipt of payment to the Contractor. The Contractor has the right to change (proportionally extend) the start date of the provision of services if the Customer has not provided the documents and information requested by the Contractor required for the above-mentioned services within the agreed time frame.
2. TECHNICAL STANDARDS AND FEATURES OF THE PROVISION OF SERVICES 2.1. The Contractor installs the Linux operating system on the server on the instructions of the Customer.
2.2. Installation and configuration of the operating system includes the following items:
Partitioning a hard disk;
Formatting sections;
Installation of the operating system in a minimum volume sufficient for the functioning of the network and remote server management tools;
Configuring the network card (setting the IP address, default gateway, network mask, name server address);
Setting a password for the system administrator;
Configuring remote server management tools.
2.3. The host machine (the Contractor's equipment hosting the Customer's server) hosting the Customer's virtual server is connected to the Ethernet port of the Contractor's switch with a bandwidth of 1000 Mbit/s and connection to the Contractor's LAN, this bandwidth is shared between all virtual servers organized on this host machine (server). The traffic consumed by the Customer is not charged.
Internet traffic is provided on the condition that the foreign traffic band does not exceed the Russian traffic band.
For the purposes of this Appendix, the Contractor's local network is understood as a technological system that includes the means and communication lines of the Contractor used for the formation, reception, processing, storage, transmission, delivery of telecommunication messages, designed to provide access to information systems of information and telecommunication networks, including the Internet. The Contractor's local network with the Customer's connected equipment is part of the Internet. The Contractor guarantees within the Contractor's local network and at the boundaries of the Contractor's areas of responsibility, defined as points of connection to the communication networks of other telecom operators, the data transfer rate is not less than the data exchange rate between the virtual server and the host machine, set in the manner specified in clause 2.3 of this annex.
2.4. The Contractor monitors the operability of the equipment on which the virtual server is organized. The customer independently monitors the performance of the virtual server.
2.5. It is forbidden to place on the servers provided to the Customer:
- pornography and any sexual materials, text, graphic, audio and video materials or links to them containing any form of obscenity and violence, even if they are legal;
- crack/hack sites;
- proxies and anonymizers;
- AutoSurf programs and sites;
- sites advertising illegal activities or facilitating the implementation of such;
- banking programs;
- torrent clients;
- bot programs designed to automatically perform actions on sites that do not belong to the Customer;
- lottery drawing sites;
- mining software.
- It is also prohibited to use the servers provided to the Customer for sending SPAM, as well as advertising the Customer or his site by sending SPAM by third parties, email marketing or bulk emails.
These actions of the Customer are regarded as an intention to harm other persons.
In case of detection of violations specified in this paragraph, the Contractor has the right to suspend the provision of Services to the Customer and unilaterally completely abandon the execution of this Agreement by sending a notification to the Customer by e-mail within three days from the moment of suspension of the provision of Services.
2.6. Technical indicators characterizing the quality of data transmission Services (including the bandwidth of the communication line in the data transmission network, loss of information packets, time delays in the transmission of information packets, reliability of information transmission) are indicated in the information and reference materials posted on the Contractor's website.
2.7. Certified server and network equipment is used for the organization of Services under this Agreement.
2.8. Subscriber interfaces and data transfer protocols used by the Customer to work with Services under this Application are determined by the Customer independently.
2.9. The Customer independently selects the equipment for connecting and using the Service and the place of its installation, as well as independently connects it to the Internet.
3. OTHER CONDITIONS 3.1. This Appendix is an integral part of the Agreement.