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Service agreement

Crusoft OÜ company (Tallinn, Estonia, European Union, hereinafter referred to as the Contractor), provides its services on the basis of a public offer. This means that the Customer does not need to sign the agreement for its conclusion, he or she just needs to express the agreement to the terms of the offer by checking the corresponding box when registering.

 

  1. Subject of Agreement.

1.1. Under the Paid Services Agreement, the Contractor undertakes to provide services as per the Customer's order (perform certain actions or activities), and the Customer undertakes to pay for these services.

1.2. The service herein is considered the provision of the following services by the Contractor to the Customer:

1.3. Creation of account (with the provision of unique name and password to publish data on the Contractor's server);

1.4. Provision the Customer with the disk space on the Contractor's server in accordance with the chosen and paid tariff plan for placing a site;

1.5. Provision of support for primary and secondary DNS servers for domains in use;

1.6. Possibility to register e-mail addresses with the shared volume of data stored at any time within the quota provided for according to the chosen and paid tariff plan;

1.7. Possibility to use all available programs and functions in accordance with the chosen and paid tariff plan;

1.8. Provision the Customer with technical support via e-mail and technical support tickets for connection to the service and configuring the software.

 

  1. General provisions.

2.1. On conclusion of this Agreement, the Contractor shall perform the initial setup and configuration of the virtual web server and provide the Customer with the information necessary for virtual web server administration and transfer of an existing domain name or registration of a new one.

2.2. The Contractor registers a domain name for the Customer in accordance with the tariff plans applicable. The Customer acts as the domain owner.

2.3. The Contractor provides basic protection against viruses and technical means for filtering e-mail attachments for incoming and outgoing mail.

2.4. The Contractor provides the opportunity for incoming mail anti-spam protection (anonymous, unsubscribed bulk email). Mail messages are not deleted but marked as spam.

2.5. Creation of backup copies for the Customer data is not considered the breach of the Customer data confidentiality.

 

  1. Cost of services, procedure for providing services and payment terms.

3.1. The CONTRACTOR shall provide services to the CUSTOMER to the extent and on the terms provided for in this Agreement and in the Annexes to this Agreement, and the CUSTOMER shall pay for the Services rendered within the terms and under the conditions provided for by this Agreement.

3.1.1. The service is provided for the term indicated at the moment of purchase and stipulated in the invoice billed to the Customer. After creating an order in the online store, the invoice is sent to the Customer via e-mail.

3.1.2. The term for provision of the service is calculated from the moment of its activation.

3.2. Payment is to be made by bank transfer or by credit card.

3.2.1. We accept MasterCard or Visa cards that allow to make payments online with the use of 3D security technology.

3.2.2. Payment is considered complete on the date the Customer's funds is received on Contractor's operating account. From this moment the Service is considered activated.

3.3. The Contractor has the right to change the cost of its services at any moment.

3.3.1. Changes in prices downward or upward do not apply to the Customers who have already signed a contract with the Contractor.

3.4. The Customer's balance sheet is reset to zero after 60 days from the date of blocking the order, provided that the account has no other active orders or orders which were blocked more than 30 days ago.

 

  1. Assurance of the quality of services.

4.1. The Contractor guarantees the quality of Service rendered according to paragraphs 1.2-1.8. throughout the entire term of Service.

The Contractor bears no responsibility for the quality of communication channels beyond its network configuration.

4.2. The Contractor provides the Customer with the opportunity to obtain advice via e-mail and the automated customer support system (see section 5 of this Agreement).

4.3. The consultations are limited to specific issues related to the provision of services and configuration of the special software provided.

4.4. The Contractor shall take technical and organizational measures generally accepted by the Internet community to ensure the confidentiality of the data received, stored or sent by the Customer.

 

  1. Duration and termination of the Agreement.

5.1. The Agreement shall enter into force upon activation of the Service by the Customer.

5.2. The present Agreement may be terminated at the initiative of the Customer:

5.2.1. In the absence of the Contractor's immediate fault, based on notification compiled in writing and sent to the Contractor within no more than 14 days after the Agreement has been put into force. In this case, the funds remained on the account shall be returned to the Customer.

5.2.2 If the Contractor fails to render the services in the scope set forth in paragraphs 1.3-1.8. at any time during the term of the Agreement. In this case, the Customer shall notify the Contractor via e-mail. The Contractor undertakes to review the Customer's application within 2 working days and, if necessary, resume the provision of the Service component missing. If it deems impossible to provide the Service in full, the Contractor is obliged to credit the cost of the unused service to the Customer's account within 15 working days.

5.3. This agreement may be terminated at the initiative of the Contractor, if the Contractor is unable to provide the Service. In this case, the Contractor shall notify the Customer via email and refund the unused balance of the Customer within 15 working days.

5.4. The present Agreement may be terminated at the initiative of the Contractor, if the Customer violates the terms of the Agreement and the Terms of Hosting Use set out in Annex 1 to the Agreement. In this case, a refund is not provided.

 

  1. Rights and obligations of the parties.

6.1. OBLIGATIONS OF THE CONTRACTOR:

6.1.2. Provide services to the Customer according to the tariff plan from the moment of the Agreement conclusion.

6.1.3. Hold the Customer's information received during registration in confidence.

6.1.4. Ensure the smooth operation of the equipment used for rendering services to the Customer under this Agreement throughout the duration of this Agreement, except for the terms of scheduled and unscheduled maintenance which shall not exceed 48 hours monthly. In case of the equipment scheduled maintenance, in a mandatory manner warn the Customer about possible interruptions in work due to scheduled maintenance. Warning shall be sent via e-mail or posted on the Contractor's Website.

6.1.5. In case of complete or partial physical destruction of the equipment, the Contractor shall restore the operation of the virtual web server within no more than five (5) working days.

 

6.2. OBLIGATIONS OF THE CUSTOMER:

6.2.1. Timely and fully pay for services in accordance with the tariff plan chosen by the Contractor.

6.2.2. Unconditionally comply with the Terms of Service specified in Annex 1.

6.2.3. Ensure confidentiality of the account data (user name and password) received from the Contractor under this Agreement.

6.2.4. Not to damage the software shell, hardware and software applications, node computers of the Contractor and third parties.

 

6.3. RIGHTS OF THE CONTRACTOR:

Suspend the provision of services to the Customer in the following cases:

6.3.1. Delay in payment for the Contractor's services on the part of the Customer.

6.3.2. In case of violation of the rules set out in Annex 1.

6.3.4. In case of violation of the Terms of Service by the Customer, the Contractor shall notify the Customer and take the following actions depending on the severity of the Terms violation committed:

  1. Setting viewing restrictions,
  2. Disabling of shared file access,
  3. Disabling of access to services,
  4. Deletion of files from the account,
  5. Deleting of the Customer's account ,
  6. Transmission of information to law enforcement agencies.

 

6.4. RIGHTS OF THE CUSTOMER:

6.4.1. Require the Contractor to provide services in accordance with the present Agreement.

6.4.2. The Customer has the right for free technical support in case of interruptions and other issues related to the virtual web server operation.

6.4.3.  The Customer has the right to receive information about the server load, free RAM, free disk space and software operation. This information is available free of charge on the virtual web server control panel dashboard.

6.4.4. The Customer has the right for free technical support in case of interruptions and other issues related to the virtual web server operation. Technical support is carried out via e-mail from 10.00 to 22.00 EAT.

 

  1. Responsibility of the parties.

7.1. The Contractor bears no responsibility before the Customer or third parties for any delays, interruptions, damages or losses due to:

— defects in any electronic or mechanical equipment not owned by the Contractor;

— problems with data transfer or connection that occurred through no fault of the Contractor.

7.2. The Contractor reserves the right to suspend rendering services to the Customer until all the circumstances are clarified in the following cases:

publishing of the information that harms the reputation of, and give offence to other people on the virtual web server by the Customer;

uploading improper software which leads to malfunction of the services provided by the Contractor on the virtual web server by the Customer.

7.3. The Contractor shall not be liable for the content of data published by the Customer.

7.4. The Contractor does not control and bears no responsibility for the data flow available on the Internet which may include materials that deem unsolicited for the Customer, in particular, sexually explicit content or the content that contain information personally offensive for the Customer.

7.5. The Contractor reserves the right to immediately suspend rendering services to the Customer, if the fact of support or taking any spam actions has been revealed, which includes, without limitation, the following:

— web pages advertising by mailing spam;

— publishing, distribution or presentation of materials fully or partially protected by copyright or other rights, without the permission of the copyright holder;

– bulk spamming from any subnet by any means;

— implementation of mass advertising actions on resources owned by others without the owners' permission including bulk mailing of advertising messages;

— any support for spam, hacking, cracking and other illegal activities on the Internet.

7.6. The Contractor bears no responsibility for the consequences derived from the account information (user name and password) disclosure by the Customer.

7.7. The Contractor shall not be liable for violation of the rights of third parties resulting from the Customer's actions on posting information and/or other actions performed with the involvement of the services provided by the Contractor.

7.8. The Customer is fully responsible for the security of his/her registration details (user name and password) and for any loss or other damage that may occur due to unauthorized use of this information. The Customer has the right to contact the Technical Support Service of the Contractor in case of loss or unauthorized access to the account data (user name and password), or if such situation is deemed possible. In this case, the Contractor reserves the right to restrict the access to the Customer's account in order to detect unauthorized access.

7.9. The Contractor shall not be sued and shall not join the proceedings as a co-respondent for any obligations and expenses related to the violation of this Agreement by the Customer or other persons using the Customer's user name and password.

 

  1. Procedure for settling claims and disputes

8.1. Claims and disputes under this agreement shall be settled by the parties through negotiations.

 

  1. Force majeure.

9.1. The parties shall be released from liability for partial or complete failure to fulfill obligations under this Agreement, if the improper performance of obligations by the parties is caused by force majeure, i.e. extraordinary forces and unavoidable circumstances that are not subject to reasonable control. Such circumstances may include, in particular, forces of nature; natural and industrial disasters; terrorist acts; military actions; civil unrest; adoption of acts prohibiting or restricting activities of the parties under this Agreement by public authorities or local authorities; other circumstances that cannot be foreseen or prevented in advance, including failures in telecommunications or energy networks, illegal actions of third parties, results of the malicious programs actions.

9.2. In the event of force majeure, the party that is unable to perform its Contractual obligations shall immediately inform the other party of the beginning and termination of the above circumstances, but in any case, not later than 14 days after their commencement. Untimely notification of force majeure circumstances deprives the party concerned of the right to be released from the Contractual obligations due to these circumstances.

 

ANNEX 1

 Terms of hosting use.

 

It is forbidden to publish the information on the server that constitute:

  1. expression of violence;
  2. discriminatory statements;
  3. content of a terrorist nature;
  4. harassment, abuse and threats;
  5. sexually explicit content;
  6. obscene scenes involving children;
  7. false personation;
  8. dissemination of private and confidential information;
  9. illegal actions;
  10. public broadcasting;
  11. copyright infringement;

 

A detailed description of the prohibited information is given in the "Terms of Service for Prohibited Content" at the footer of each page of the site.

It is also prohibited to:

  • upload non-debugged scripts causing overloading of the server.
  • upload chats, statistics php-scripts (tops or counters that enter all the data into a database), tds and parsers that run more than once every 30 minutes.
  • upload mailing scripts (mailing more than 100 letters per hour).
  • use Crusoft smtp servers for bulk mailing.
  • upload scripts generating more than 60,000 database queries per hour.
  • use scripts or software that actively loads the network.

It is prohibited to use any software recognized by anti-viruses as malware, as well as botnets, exploits, shells, and so on.

It is allowed to place only Content Rich Doorways.

 

Expired accounts are automatically deleted after 60 days.