VPS hosting agreement (public offer)

PUBLIC AGREEMENT (OFFER)

for the provision of virtual server hosting services

This English text is a translation provided for convenience. In the event of any discrepancy, the Ukrainian version of this Agreement prevails.

Individual entrepreneur Roman Ihorovych Sartov (RNOKPP 3319218013), whose details are entered in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations (the “Provider”), offers any legally capable natural person, individual entrepreneur or legal entity (the “User”) to enter into this public agreement for the provision of virtual server hosting services (the “Agreement”) on the terms set out below. The Provider and the User are together referred to as the “Parties” and each separately as a “Party”.

This agreement has the character of a public offer agreement under the law of Ukraine, is equivalent to a bilateral agreement and, in accordance with the applicable law of Ukraine, has full legal force from the moment of the User’s full and unconditional acceptance of the terms of this Agreement (Offer) and its Annexes. This Agreement is public and its terms are the same for all users.

This Agreement governs the relationship between the Provider and Users and does not govern the rights, obligations or liability of third parties towards the Provider and its representatives.

1. PREAMBLE

   The information set out below is an official proposal (public offer) to any legal entity or natural person to enter into an agreement for the provision of virtual server hosting services. Full and unconditional acceptance of the terms of the public agreement is the fact of the User making a payment towards the cost of services. Registration of the User on the Provider’s website indicates familiarity with the terms of this Agreement and an intention to conclude it, but does not in itself constitute acceptance and does not create an obligation to pay. The Provider’s website is located at https://bee-ix.net. The tariff plans, service packages and other data posted on this website are an integral part of this arrangement and are in force on the day the User accepts these terms.

2. TERMS USED IN THIS AGREEMENT

   Acceptance

   full, unconditional and unreserved acceptance by the User of the terms in the form in which they are set out in the text of this Offer.

   User

   a person to whom the Services are provided under the terms of the Offer. All actions performed using the User’s login and password are regarded by the Provider as actions performed by the User personally, of their own free will.

   Provider

   Sole Proprietor R. Sartov, where all, one or several Services are provided to the User.

   Service (Services)

   the hosting service — computing resources of a virtual dedicated server (VPS) on the Provider’s equipment — and related services that the Provider provides to the User under the selected tariff plan. The physical equipment is not transferred to the User for possession or use, and the User acquires no property rights in it.

   Virtual dedicated server (VPS)

   computing resources allocated to the User (vCPU, RAM and disk storage) on the Provider's physical hardware, with an IPv6 address on the peering LAN and one IPv4 address from the Provider's pool for accessing the server. A VPS is not an electronic communications (telecom) service and does not provide Internet access as a telecom service.

   IP address

   the network address of a node in a computer network (for the Service — an IPv6 address on the peering LAN and an IPv4 address for accessing the server).

   Tariff plan

   the set of VPS parameters published on the website (vCPU, RAM, disk, port speed) and its price, selected by the User.

   Billing period

   the period for which the Service is paid; the available periods are set by the Tariffs.

   Personal account (Cabinet)

   a secure area of the Provider's website, accessed by login and password, for managing the Service, viewing payments and receiving notifications.

   Personal data

   information or a set of information about a person who is identified or can be specifically identified.

   Some other terms, in particular technical ones, are generally accepted and may be interpreted as set out in open sources.

3. GENERAL PROVISIONS

   1. Unconditional acceptance of the terms of this Agreement is the User making a payment towards the cost of services.
   2. The Service includes the provision to the User of:
      1. dedicated VPS computing resources (vCPU, RAM and disk storage, port speed) under the selected tariff plan;
      2. one IPv6 address for accessing the VPS on the BEE-IX peering LAN;
      3. one IPv4 address from the Provider's pool for accessing the server;
      4. access to the Personal account for managing the Service;
      5. operation of the server on a best-effort basis, subject to the Service Level (SLA) section of this Agreement and except in cases of force majeure;
      6. basic technical support via e-mail.
   3. The Service does not include Internet access (ISP), traffic transit beyond the BEE-IX peering LAN or other electronic communications services, nor protection against DDoS attacks.
   4. The VPS is provided with the Debian operating system installed and without further administration: the User chooses the tariff plan, configures and updates the OS, installs software, manages access to the server and is responsible for all data and content placed on the VPS.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

   1. User’s obligations:

      1. To pay for the Service in good time, within the periods and at the tariffs set by the section on cost of services and settlements.
      2. To independently bear the risk of any adverse consequences associated with the loss or disclosure by the User of the password they have chosen.
      3. To provide, in good time and at the Provider’s request, accurate information necessary for the performance of the Agreement.
      4. To independently bear responsibility for information that is stored, transmitted or received.

   2. The User is not permitted to:

      1. Take actions aimed at restricting or hindering other users’ access to the Services, or attempt unlawful access to the Provider’s resources and/or other resources available via the Internet.
      2. Publish, transmit (send out) or place on the server any information that contravenes the norms of international law and the legislation of Ukraine.
      3. Publish or pass to third parties the data for accessing the server.
      4. Use offensive language when communicating with the support service.
      5. The User is the administrator of the system and independently bears responsibility for the software and/or information placed on the server.

   3. User’s rights:

      1. To choose the service packages and tariff plans that are most beneficial for the User, and to change them when necessary, having first agreed such a change with the Provider.
      2. To demand from the Provider the provision of the full scope of services under this Agreement, with quality and in good time, subject to the conditions set by the service level section of this Agreement.
      3. To stop using the Service at any time by notifying the Provider via the Personal account or the support e-mail; refunds — in the cases set out in the section on cost of services and settlements.
      4. To obtain a copy of their personal data processed by the Provider, as set out in the Privacy Policy. Data placed inside the VPS is copied by the User themselves: only they have access to it.
      5. To contact the Provider with complaints and suggestions for improving the quality of services.

   4. Provider’s obligations:

      1. To provide the User with the Services after acceptance of the offer, in accordance with the selected tariff plan.
      2. To register the User by sending a password and login to the User’s e-mail and activate the Service per the activation section.
      3. To take reasonable organisational and technical measures to protect the User's personal data in accordance with the Privacy Policy (preservation of data on the VPS is on the terms of the "Data and backups" section, without a guarantee of recovery).

   5. Provider’s rights:

      1. To suspend the provision of Services to the User or terminate the Agreement unilaterally in the event of the User breaching the obligations and prohibitions established by this Agreement. Where the Agreement is terminated on this ground, the unused portion of the prepayment is not refunded, except where a refund is expressly required by consumer protection law.
      2. To obtain from the User in full the data and information necessary for the timely and high-quality provision of services and compliance with this Agreement.
      3. To require the User to comply with all terms of this Agreement.
      4. To change the terms and format of providing services, tariff plans and other terms — in the manner set by the section on cost of services and settlements (the new version is published at least 14 calendar days before it takes effect; changes do not apply to periods already paid for).

5. SERVICE ACTIVATION AND PERSONAL ACCOUNT

   1. The Provider activates the VPS as soon as possible, within the time set by the Tariffs, from the moment the payment is deemed made under the section on cost of services and settlements.
   2. The Provider sends the credentials (login and initial password) for the Personal account to the e-mail specified by the User when ordering. The User must change the initial password to their own and is fully responsible for the security of their credentials and for all actions taken under their account.
   3. In the Personal account the User can view the status and term of the Service, payment history, contact support, receive notifications (about maintenance, payment, changes to the terms) and download their data (where such a function is available).

6. DATA AND BACKUPS

   1. The User owns and controls all data placed on the VPS and warrants that placing it does not infringe third-party rights.
   2. The Provider may make periodic backups at its own discretion (best-effort) but does not guarantee the availability of a current copy or successful data recovery. The User is strongly advised to keep their own backups of critical data.
   3. The Provider does not guarantee data recovery and is not liable for data loss or damage due to hardware failure, the User's error or actions, hacking or malware, force majeure, or upon termination of the Service for non-payment or breach of the Agreement.
   4. After a VPS is deleted (for non-payment, breach, or termination of the Agreement) the data is deleted irreversibly; the Provider does not retain backups of deleted data. No compensation is provided for data loss (for a consumer User — within the limits of the Law of Ukraine "On the Protection of Consumer Rights").

7. ACCEPTABLE USE POLICY (AUP)

   1. The User is solely and fully responsible for all software, data and content that they host or process on the virtual server, as well as for all actions performed using the Service.
   2. When using the Service, the User is prohibited from:
      1. hosting, storing or distributing information or materials prohibited by the legislation of Ukraine or the norms of international law, in particular those promoting violence, terrorism or extremism, child pornography, or infringing the intellectual property rights of third parties;
      2. sending spam and other bulk unsolicited messages;
      3. carrying out network attacks (including DoS/DDoS), port scanning, or attempts at unauthorised access to others’ systems or data;
      4. creating, storing or distributing malicious software (viruses, trojans, botnets, etc.), or using the Service for phishing or fraud;
      5. spoofing or concealing identification data for unlawful purposes;
      6. creating excessive load that exceeds the selected tariff and harms the operation of the Provider’s equipment or other users;
      7. announcing via BGP IP prefixes that do not belong to the User or are not authorised by their owner, or otherwise violating RPKI/IRR filters;
      8. causing abnormal routing instability (excessive route churn), keeping "empty" BGP sessions, or distributing forged BGP updates that threaten the stability of the BEE-IX peering network.

      The free exchange-point services (route server, peering, RPKI/IRR, Looking Glass) are not the subject of this Agreement: they are provided free of charge under the separate BEE-IX Rules, without any warranties and without liability of the Provider. A breach of those Rules is at the same time a breach of the acceptable use rules under this Agreement.

   3. Fair use of resources. Resource consumption (CPU time, RAM and disk storage, disk I/O, traffic and port bandwidth) is limited by the selected tariff plan. The Provider has the right to restrict (throttle) or suspend operations that disproportionately load the shared infrastructure (in particular sustained 100% CPU usage, excessive I/O or abnormal traffic), even where they do not formally exceed the tariff; a repeated breach is treated as a breach of this Policy.
   4. Abuse complaints are sent to support@bee-ix.net. The Provider reviews well-founded complaints and responds to them within a reasonable time.
   5. In the event of a breach of this Policy, the Provider has the right to suspend the Service or terminate the Agreement in the manner provided for in the section on the Provider’s rights. Where there is an immediate threat to the security or rights of third parties, the Service may be suspended without delay, with subsequent notification of the User.

8. COST OF SERVICES AND PAYMENT TERMS

   1. The cost of the Services under this Agreement is determined in accordance with the current tariffs and payment terms published on the Provider’s website at https://bee-ix.net/pricing and forms an integral part of this Agreement.
   2. Currency and payment. Prices on the website and in the Personal account are stated in euro (EUR) as the monetary equivalent of the obligation. Payment is made in Ukrainian hryvnia exclusively online via the WayForPay payment system; there are no other payment methods. The amount payable in hryvnia equals the EUR price converted at the rate set in the payment system at the moment of payment. The payment system may charge the User a fee for its own services on top of the price. The total amount payable (including the fee, if any) is shown on the WayForPay payment page before the payment is confirmed, and the User may decline the payment if it is unsatisfactory. If the User's card is issued in another currency, the User's bank may additionally convert the amount at its own rates; the Provider neither influences nor is liable for this.
   3. Moment of payment. The User's payment obligation is deemed fulfilled at the moment the Provider receives WayForPay's confirmation of successful payment of the full amount (status "Approved", reason code 1100). After that, a change in the exchange rate does not change the Parties' obligations, and the User makes no additional payments. If the payment is subsequently cancelled, refunded or charged back, the payment is deemed not to have taken place. Each payment is an advance for a specific Billing period; there is no "universal balance" between tariffs, and no interest accrues on a balance.
   4. Provision and acceptance of the Service. The Service for a Billing period is deemed provided in full on the last day of that period. The Provider sends the Act of Provided Services to a legal entity User by e-mail within 5 (five) business days after the end of the period, whether or not it is requested. If within 5 (five) business days from dispatch the User has not sent written reasoned objections, the Service is deemed accepted without remarks and the Act — signed by the Parties.
   5. Documents. Proof of payment for a natural person User is the WayForPay receipt and the Provider's e-mail notification. The Provider is not a VAT payer: VAT is not charged and no VAT invoice is issued; the Provider's tax status is stated in its details; the price includes all of the Provider's taxes. For a non-resident User the price is a net amount: any taxes, levies or withholdings imposed by the law of the User's country (including VAT under the reverse charge mechanism) are paid by the User on top of the price, and the amount received by the Provider is not reduced by them.
   6. The Provider has the right to revise the prices for services and introduce a new tariff plan. The Provider notifies the User of the introduction of new prices by means of a notice on the Provider’s website and/or a notice sent to the User’s e-mail. The Provider notifies the User of a price change at least 14 (fourteen) calendar days before it takes effect. New tariffs apply only to billing periods paid for after they take effect; a period already paid for is provided at the tariff in force at the time of payment and is not subject to recalculation. If the User disagrees with the change, they have the right to terminate the Agreement before the change takes effect and to receive a refund of the unused portion of the prepayment without any penalties. This is the only procedure for changing the terms of the Agreement and the tariffs; any other provisions of the Agreement mentioning changes to the terms apply subject to this clause.
   7. Non-payment: suspension, data retention, deletion. All periods below run from the day the paid Billing period ends:
      1. on the day the period ends without a new payment, the Service is suspended;
      2. the server content is retained for another 14 calendar days after suspension;
      3. at least 3 days before deletion the Provider sends a warning to the e-mail;
      4. until deletion the User may download their data via the Personal account;
      5. payment within those 14 days restores the Service in full;
      6. after 14 days the VPS and the data are deleted irreversibly and the Agreement is deemed terminated without a separate notice.
   8. A refund of funds paid by the User is made in the cases provided for by the applicable law of Ukraine, in particular for services not provided or improperly provided, as well as where the User who is a natural person (consumer) exercises the right to withdraw from the agreement. The User who is a consumer has the right to a refund of the unused portion of the prepayment for the period in which the services were not actually provided. This provision does not limit the rights of the consumer established by the Law of Ukraine “On the Protection of Consumer Rights”.
   9. Refund procedure. A request is sent to support@bee-ix.net with a reference to the payment/invoice; the Provider reviews it within 5 business days and refunds the funds to the same payment card (account) from which the payment was made. The crediting time depends on the bank. The Provider does not withhold the payment system's fee from the refund amount.
   10. A User who is a natural person (consumer) has the right to withdraw from this distance contract within 14 (fourteen) days of its conclusion, without giving reasons (under Ukrainian consumer protection law). As the Service is a digital service whose provision begins immediately, by accepting this Offer and making payment the User expressly consents to the start of the Service before that 14-day period expires and acknowledges that, in this case, they lose the right of withdrawal in respect of the part of the Service already provided. The unused portion of the prepayment is refundable.

9. SPECIAL CONDITIONS AND LIABILITY OF THE PARTIES

   1. Space on the server is provided if all the necessary conditions, rules and norms for its registration are met, namely:
      1. at the time of registration there is free space on the server;
      2. generally accepted moral and ethical norms are not violated;
      3. the order contains complete and correct information about the User necessary for registration.
   2. The Provider is liable for the non-performance or improper performance of its obligations under this Agreement in accordance with the applicable law of Ukraine. The amount of the Provider’s liability to a User that is a legal entity may be limited to the cost of services for the relevant billing period.
   3. The Provider bears no liability for the content of information transmitted by the User over the Internet and placed on the Provider’s servers on the User’s behalf.
   4. The Provider is not liable for losses arising from circumstances beyond its reasonable control, the actions of third parties, or the User’s breach of the terms of this Agreement. In particular, the Provider is not liable for: the loss, damage or unavailability of the User's data (for any reason); indirect losses, lost profit or reputational harm; the operation of BGP and routing stability in the BEE-IX peering network. The Provider's aggregate liability on all claims, whatever their basis, is limited to the cost of the Services for the last paid Billing period; this limitation is the only one and applies to every provision of the Agreement concerning the Provider's liability. For a consumer User, the mandatory rights under the Law of Ukraine "On the Protection of Consumer Rights" are not limited by this.
   5. The Provider is not liable for violations or unlawful actions committed by the User when using the services provided by the Provider.
   6. The User is fully responsible for safeguarding their login and password and the information on the server, and is responsible for losses that may arise due to their unauthorised use. In the event of theft or loss of the login and password through the fault of third parties, the User has the right to send the Provider an application to change the login and password.
   7. The User, as a personal data subject, consents to the processing by the Provider of their personal data (name, contact, payment and technical data necessary for the provision of services) for the purpose of concluding and performing this Agreement — for the term of the Agreement and the storage periods established by law. The User has been informed of their rights as a personal data subject, in particular the right to withdraw consent and to demand the deletion of their data. Processing is carried out in accordance with the Privacy Policy published on the Provider’s website.
   8. The Provider may carry out maintenance of the servers, in connection with which access to the User’s server may be temporarily restricted.
   9. Each Party undertakes to ensure the confidentiality of technical, commercial or other information received in the performance of the Agreement and to take measures for its non-disclosure. In the event of termination of the Agreement, the transfer of such information to third parties, its publication or disclosure in any other way is possible only with the written permission of the other Party, regardless of the reasons for and the period of termination of the Agreement.
   10. On all matters not regulated by the text of this Agreement, the Parties are governed by the applicable law of Ukraine. Disputes are resolved through negotiations, and if agreement is not reached — in court at the Provider’s location in accordance with the law of Ukraine. No provision of this Agreement limits the rights of the User who is a natural person (consumer) established by the Law of Ukraine “On the Protection of Consumer Rights”; in the event of a conflict, the mandatory provisions of the law prevail.

10. SERVICE LEVEL (SLA) AND MAINTENANCE

    1. The Provider makes all reasonable efforts (best-effort) to ensure the availability of the Service and its uninterrupted operation, but does not guarantee any specific percentage of uptime and is not liable for interruptions caused by circumstances beyond its reasonable control.
    2. The Provider has the right to carry out scheduled maintenance, which may temporarily restrict access to the Service. The Provider notifies the User of scheduled maintenance at least 24 (twenty-four) hours in advance — by publication on the website and/or a notice to the e-mail — and, where possible, carries it out during night hours (Kyiv time).
    3. The time of scheduled maintenance of which the User has been notified in the specified manner is not considered an interruption in the provision of the Service.
    4. In the event of threats to the security, integrity or stability of the infrastructure, the Provider has the right to carry out unscheduled (emergency) maintenance without prior notice, notifying the User at the first opportunity.
    5. Compensation (reimbursement, account credits, etc.) for interruptions in the availability of the Service is not provided for by this Agreement, except in cases directly established by the applicable law of Ukraine, in particular the legislation on the protection of consumer rights.

11. FORCE MAJEURE

    1. The Parties are released from partial or full performance of their obligations in the event of circumstances of insuperable force which cannot be foreseen, or can be foreseen but cannot be prevented (war, blockade, military action, civil unrest, sabotage, terrorist acts, natural disasters, fires, pandemics), and upon the occurrence of legal force majeure (decisions of state authorities). The occurrence of force majeure must be confirmed by a certificate of the Ukrainian Chamber of Commerce and Industry, except in cases where these circumstances are generally known or where regulatory acts of the authorities have been adopted accordingly within their competence.
    2. The Party for which it has become impossible to perform its obligations under this Agreement due to force majeure must, within 3 calendar days, notify the other Party by e-mail stated in the Agreement and the Personal account of the beginning and subsequently the end of these circumstances; such notice is deemed proper.

12. TERM OF THE AGREEMENT

    1. The Agreement is in force until the end of the paid Billing period. There is no automatic renewal and no automatic charges: each subsequent period begins only after a new payment by the User. If no new payment is made, the Agreement terminates at the end of the paid period, and the Service — as set out in the section on cost of services and settlements.
    2. The Agreement takes effect from the moment of the first payment for the Services under this Agreement.

13. FINAL PROVISIONS

    1. This Agreement, together with the tariff plans published on the website and the Acceptable Use Policy, constitutes the entire agreement between the Parties regarding the Service.
    2. If any provision of the Agreement is found invalid, this does not affect the validity of the remaining provisions.
    3. The Agreement is drawn up in Ukrainian; translations into other languages are provided for convenience only, and in case of any discrepancy the Ukrainian version prevails.
    4. The Provider may amend the terms of the Agreement by publishing a new version on the website at least 14 (fourteen) calendar days before it takes effect.

14. STATUS AND DETAILS OF THE PROVIDER

    Sole Proprietor Roman Sartov
    Address: 14/1a Antonycha St., Lviv, 79049
    Contact e-mail: support@bee-ix.net
    Phone: +38 (099) 140-19-32
    

    Bank and tax details:
    IBAN UA44 322001 00000 26001340018604
    Taxpayer reg. no. (RNOKPP) 3319218013
    Single tax payer, group 3 (5%)
    Not a VAT payer