The information below is an official offer (offer) to any legal or natural person to conclude an agreement for subscription services. The contract is public, that is, equivalent to an “oral agreement” and, in accordance with current Belizean legislation, has appropriate legal force.
The full and unconditional acceptance of the terms of this Public Agreement is the fact that the Customer has made a payment to pay for services and the Contractor’s receipt of the relevant financial document confirming that such payment has been made.
If you agree with the terms of the Public contract, you can pay for the services.
In this case, the contract will be deemed to be concluded, and our company will be obligated to provide paid services.
Terms used in this agreement
Account– an account that is created for the Customer upon its registration in the Contractor’s system, which has the name and access password. Account account contains information necessary for user identification when connecting to the system, information for authorization, accounting and billing search. Access to the account has only the person who owns the information about the name and password. The account manages orders, domains and calls to the technical support of the Contractor, changing the tariff plan, replenishing the balance, unlocking and other actions.
Artist - xWEB LTD .; This address is assumed to be the Contractor’s site in all other cases of explicit mention of the Contractor’s site or direct reference to it in the text of this Agreement.
Services - telematic communication services provided to the Contractors in accordance with their statutory activities and license in the manner and conditions specified in the Agreement.
The server is a physical machine owned by our company, the resources of which are made available to the Customer.
Hosting is a service for providing disk space for the physical placement of information on a server that resides on the Internet.
Hosting can be of several types: virtual hosting (virtual hosting), virtual dedicated server (VPS or VDS), dedicated server (dedicated server). P>
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1. SUBJECT OF CONTRACT h4>
1.1. Under the Agreement, the Contractor shall provide the Customer with hosting, registration and support of domain names, hereinafter referred to as Services. The description of the Services, their list and cost are published on the Contractor’s website at https://well-web.net/. The website of the Contractor is a public resource, i.e. one that all Internet users have access to.
1.2. The Customer undertakes to pay for the Services he chooses, according to the Tariffs in effect at the time of receiving the Services and specified in the Supplementary Agreement.
1.3. The customer is provided:
a) a unique name and password allowing to manage orders on the Contractor’s website, this information is sent to the Customer’s contact email address (e-mail address) after completing the registration procedure;
b) obtaining the necessary data for connecting to the Service and setting the software;
c) round-the-clock support by phone, email and ticket system.
1.4. The Services do not include the possibility of receiving and transmitting electronic messages from the Customer at the Contractor’s office, setting up or diagnosing the personal computer, modem and Customer’s software, both at the Contractor’s office and visiting the Customer, as well as training in Internet skills.
1.5. Contractor is a payer of income tax on a general basis. P>
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2. CONDITIONS AND PROCEDURE FOR DOMAIN NAME REGISTRATION h4>
2.1. Registration of domain names is carried out in accordance with the Agreement, as well as the procedure for performing registration actions published by the Contractor and published on the Contractor’s website.
2.2. The Contractor shall register the domain name on the basis of the Agreement concluded with various registration organizations.
2.3. Services for registration and support of domain names are provided only if there is a written Agreement, or after the provision of the Supporting Documents referred to in paragraph 2.5. contract.
2.4. A new domain name is registered if all the necessary conditions, rules and regulations for its registration are met, in particular:
• at the time of registration such domain name is free;
• generally accepted moral and ethical standards are not violated;
• the application contains complete and correct information required for registration;
• the rules of this domain zone are observed.
2.5. The “Supporting Documents” in the Agreement means the documents confirming the information necessary for the identification of the Customer.
2.5.1. For a legal entity: copies certified by the seal of the legal entity and the signature of the authorized body:
- certificate of state registration (for a foreign legal entity - another document on registration or assignment of a number in the register of legal entities, in the case of maintaining this registry in the country where the person was created);
- certificate of tax registration (TIN) (for a foreign legal entity - another document on tax registration, in the case of maintaining this type of accounting in the country where the person was created);
- a document (minutes of the general meeting of participants, a decision of a participant or another document) on the appointment to the position of a person who has the right to act on behalf of a legal entity without a power of attorney, Power of Attorney on the basis of which the Customer’s representative acts;
- extracts from the regulations on the branch / representative office, on the establishment of a separate division (for separate divisions of legal entities - in addition to the above documents).
2.5.2. For an individual:
- Copy of passport and tax identification number (TIN);
- the original power of attorney, in the case of a contract on the basis of a power of attorney.
2.6. Only in the presence of a written Contract or in the provision of Supporting Documents, the Contractor shall fulfill the Customer’s applications:
(1) to change the information required to identify the domain administrator;
(2) to transfer domain support to another registrar;
(3) to transfer domain administration rights to another administrator;
(4) to waive administration rights (cancellation of registration).
2.7. The domain is considered registered, and the Domain Registration Service has been rendered since the registered domain has been assigned to the Register in the Register (REGISTERED).
2.8. The service to extend the registration of a domain is deemed to be provided at the time the registration is registered with the Registry. At the same time, as a rule, the domain registration is extended by 1 (one) year from the previously set date of the expiration of the domain registration.
2.9.1. Under the Agreement, the Customer has the right to register any number of domains in his name.
2.9.2. The customer confirms that at the time of each application for the registration of domains, according to his information, neither the registration of a domain name, nor the procedure for its use, violates the intellectual property rights of third parties. P>
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3. ORDER OF PROVIDING AND ACCOUNTING OF RENDERED SERVICES h4>
3.1. Having chosen the type of Service, the Customer sends to the Contractor’s address an application for the Services, in accordance with the form provided on the Contractor’s website. Based on the received application, the Contractor issues an invoice to the Customer for payment for the selected Service.
3.2. Services are provided to the Customer during the term of the Agreement, subject to the presence of a positive balance on the personal account (hereinafter referred to as the PM) of the Customer.
3.3. The Contractor takes into account all the information about the consumed Services and the Customer's payments on the drug. Accounting is conducted in rubles, according to the rate published on the website of the Contractor.
3.4. The Contractor provides the Customer with access to information on the Customer’s LAN.
3.5. The listing of the Customer’s PM serves as confirmation of the Contractor’s provision of the Services under the Contract.
3.6. With the full exhaustion of funds on the Customer’s HP, the provision of the Services to the Customer is suspended. Renewal of the Services to the Customer comes again after the prepayment is made.
3.7. Customer requests are considered authorized (verified) and executed by the Contractor if they are sent from the service area (billing account) on the Contractor's website. The customer has access to the service area only by his login and password. The password is unknown to the Contractor and only the Customer knows it, the Password can be changed by the Customer on the Contractor’s website at any time independently.
3.8. The contact e-mail address (e-mail) is the address specified during the registration of the Customer in the registration form on the website of the Contractor. The change of contact e-mail is carried out by the Customer independently through a personal account on the Contractor’s website. P>
4. CONDITIONS FOR PROVIDING "Dedicated Server" h4>
4.1. Within 5 (five) working days from the date of the Customer’s prepayment for the Services hereunder, the server will be installed and configured at the site provided with a permanent connection to the Contractor’s local network and the administrative password to the server will be sent to the Customer’s email address specified when ordering the Services.
4.2. The cost of the Services is determined on the basis of the Tariff Plan chosen by the Customer.
4.3. The term of the Service is from 1 to 12 months.
4.4. The server connects to an Ethernet switch using a Category 5 twisted pair cable (RJ-45 connector). The server is connected at a speed of 100 Mbit / s in the modes “half-duplex” or “full-duplex”, the connection mode is determined by the Customer, the cost of the Services is determined on the basis of the chosen by the Customer.
4.5. Correct operation of the switch port is ensured with a peak load of no more than 70% of the installed port bandwidth. According to the results of the connection, data transfer errors should not be recorded on the switch port provided to the Customer. A high level of errors on the switch port (more than 10% of errors) is a reason to suspend the provision of the service.
4.6. In the event of failure of components that are part of a dedicated server, the Contractor shall, at its own expense, within 3 working days, replace all failed parts with similar ones. In the absence of the necessary spare parts, the Contractor may temporarily use more capacious / fast parts. The date of fulfillment of the obligations to provide the service is transferred in proportion to the period of repair of the dedicated server if more than 12 hours have passed since the server went down to the end of the repair work.
4.7. The Contractor installs on the server an operating system from among the available systems with a free license. If the Customer requires a different operating system, then the necessary license and distribution kit of the operating system is provided by the Customer.
4.8. Installation and configuration of the operating system includes the following items:
- Hard disk partitioning.
- Formatting sections.
- Installing the operating system in a minimum amount sufficient for the functioning of the network and the means of remote server management.
- Configure the network card (set IP address, default gateway, network mask, name server address).
- Set a password for the system administrator.
- Setting up remote server management. In the Windows operating system, the remote terminal service is used as such, in other systems, such as Linux, FreeBSD, etc., SSH (Secure Shell) is used.
The server is assembled and completed by the Contractor, all not specified in this application, but the necessary components of the server are chosen by him at his discretion.
4.9. A few days before the expiration of the Service, the Contractor sends to the Customer at the registration email address a notification about the need to pay for the Services rendered and a warning about the suspension of the Services in case of late payment. Upon the Customer reaching the zero balance of the personal account, the Contractor suspends the Customer’s service.
4.10. In this case, the Contractor may save the data of the Customer for several more days, but is not obliged to do so. P>
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5. CONTRACT PRICE AND SETTLEMENT PROCEDURE h4>
5.1. The cost of the Services is indicated on the page of tariffs for services.
5.2. Payment for Services is made in the form of prepayment to the current account, according to the invoice. Also, the payment can be made by the Customer using international payment systems in real time on the Contractor’s website or in another way.
5.3. Payment is made for the period, which is calculated in months. The minimum period for which payment is made is 1 month. The subscription fee is a fixed payment and is paid by the Customer regardless of the fact of receiving the Services.
5.4. When the Customer draws up the payment documents in the “Purpose of Payment” section, a reference to the account number is obligatory. If there is no reference to the account, the Contractor does not guarantee that the received amounts will be credited to the balance of the Customer’s BOS, and the receipt of the payment document is not recognized as acceptance of the Agreement in the sense of clause 9.1, and the agreement does not enter into force accordingly.
5.5. The fact of payment for the Services is considered confirmed, and the Customer’s PM is replenished - after the receipt of information from the bank on the crediting of funds to the settlement account of the Contractor, provided that the conditions of clause 4.4 are complied with. 7.6. The customer is solely responsible for the correctness of his payments. When changing the Contractor’s bank details, since the new requisites are published on the Contractor’s website and notifications to the contact e-mail address (e-mail), the Customer is solely responsible for payments made on obsolete details.
5.6. Refunds are made by the Contractor within 30 banking days from the date of receipt of the application in the cases specified in the contract.
The Contractor undertakes to return the unspent part of the funds for the full months of service in the following cases if:
a) from the date of the conclusion of the contract and / or payment for the order more than 30 calendar days have not passed;
b) the return is made on the services of virtual hosting or rent of a virtual dedicated server;
c) it is the only and the first order of the Customer, and the Customer has not previously refused this type of service.
If, together with the order, the Customer received gifts and bonuses, the amount equivalent to the value of the received gifts and bonuses is calculated from the refund amount.
5.7. In case of cancellation of a domain name registration before its expiration, as well as in the case of transfer of a domain name to another person, including by a court decision, funds for the services of registration / renewal of registration of such a domain name are not returned. P>
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6. RIGHTS AND OBLIGATIONS OF PARTIES h4>
6.1. Contractor undertakes:
6.1.1. Provide round-the-clock storage, maintenance and monitoring of the equipment that holds the resources of the Customer, throughout the term of the Agreement.
6.1.2. Notify the Customer about the facts of attempts to break into the Server if the reflection of these attempts required the specific actions of the Contractor.
6.2. Artist has the right to:
6.2.1. To change the cost of the Services unilaterally, with the obligatory notification of the Customer about the changes made by e-mail at least 7 calendar days before their entry into force. If the Customer has not received a response, the changes are considered automatically accepted by the Customer.
6.2.2. Attract third parties to fulfill its obligations under the Agreement, while remaining responsible to the Customer.
6.2.3. Temporarily terminate the provision of Services to the Customer in case of non-receipt of prepayment for Services;
6.2.4. Terminate the provision of Services to the Customer, without refund, in the following cases:
• actions aimed at restricting or hindering other users from accessing the Services, as well as attempting unauthorized access to the Contractor’s resources and other systems accessible via the Internet;
• distribution via the Internet of any information that contradicts the requirements of Belizean legislation or international law. A mailing is understood as a mass mailing of several e-mails to multiple recipients, as well as multiple mailings to one recipient, as well as the use of details (web pages, e-mail) located on the Contractor’s servers for similar mailings made through another Provider. Messaging refers to emails, ICQ and other similar means of personal information sharing;
• publishing or transmitting any information or software that contains computer viruses or other components equal to them;
• actions intended to use, send, publish, transmit, reproduce, provide or distribute in any way the information, software or other materials obtained through the Services, in whole or in part, protected by copyright or other rights, without the permission of the owner, as well as and send, publish, transmit or distribute in any way any component of the Services provided or work created on its basis, since the Services themselves are also subject to copyright s and other rights provided that a written request of the owner of such rights on the limitation of the above actions;
• in case of specifying inaccurate data of the Client or refusal to confirm them;
• incorrect communication with employees of the company, including the use of non-regulatory vocabulary, distribution of correspondence between employees and the customer on third-party resources, without coordinating this with the contractor;
6.2.5. In case of increased (above-standard) requirements of the Customer to the hardware and other resources provided as part of the ordered service, to offer the Customer a switch to another Tariff Plan, and if the Customer refuses, stop servicing it and return unused funds to the Customer in accordance with clause 7.7.
6.3. The customer undertakes:
6.3.1. Send a request for Services on the Contractor's website from your workplace. Fill in all the proposed fields of the order form with reliable information. For consequences arising from the incorrectness of the information entered, the Contractor shall not be liable. If it is necessary to verify the authenticity of the Customer’s identity, provide all the data requested by the Contractor for such verification.
6.3.2. Make timely prepayments for the Services you receive.
6.3.3. Independently monitor the state of your drugs, and statistics on resource consumption. If necessary, change the tariff plan in a timely manner.
6.3.4. Retain relevant financial documents confirming payment for the Services.
6.3.5. Sign the acts of the services provided, works performed and send them to the Contractor within 3 (three) working days from the moment they are received, and in case of disagreement send the Contractor a reasoned refusal to sign the Act, while not receiving the signed act or reasoned refusing the signature Act for 5 (five) working days, it is considered that the services provided or work performed comply with the requirements of the contract and are accepted by the consumer in full, which is confirmed by the act services that are signed by the Contractor.
6.3.6. Independently monitor the observance of network etiquette. For its part, the Contractor undertakes not to take any action against the Customer’s clients regarding the identified violations earlier than 24 hours from the moment of their detection.
6.3.7. In the process of using the Services, to comply with the requirements of current international law, including not to post illegal materials on the website, not to violate the copyright, related and other rights of third parties. P>
6.3.8. To pay for services with a general check of more than 60,000 rubles. (sixty thousand rubles) per month, 20 days before the end of the service, or notify us of the refusal of the service. Otherwise, the service may be suspended.
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7. RESPONSIBILITY OF THE PARTIES h4>
7.1. For non-fulfillment or improper fulfillment of obligations under the Contract, the Contractor and the Customer shall be liable in accordance with the applicable laws of Belize.
7.2. The Contractor is not responsible for the quality of public communication channels through which the Customer accesses the Services, and does not guarantee acceptance of the Customer’s mail from remote networks, the operation of which led to the address of such a network on the lists for which the Contractor’s mail delivery program does not receive mail.
7.3. The customer is fully responsible for the safety of his password and for losses that may occur due to unauthorized use of it. Upon the fact of theft of the login and password that occurred due to the fault of third parties, the Customer is obliged to send to the Contractor an application for the change of the login and password, with a mandatory attachment to the application of the relevant financial document confirming the payment for the Services. The Contractor shall not be liable for the actions of third parties that led to the theft of any information of the Customer.
7.4. In case the Customer violates the provisions of clause 5.3.6 of the Agreement and makes claims by third parties to the Contractor, the Contractor has the right to suspend or terminate the provision of the Services (upon termination of the Agreement unilaterally), and the Customer undertakes to independently settle these claims and reimburse the Contractor these actions damage.
7.5. The Contractor is not responsible for the violation by the Customer of copyright, related and other rights of third parties.
7.6. The Customer is fully exposed to the risk of the consequences of actions performed through the Contractor’s web interface using the Customer's authorization data, including billing, personal changes, as well as other actions that may entail financial or technical consequences.
7.7. The Contractor shall be liable for the inability of the Customer to receive the ordered Services only if the impossibility of receiving them occurred due to the Contractor’s direct fault. The responsibility of the Contractor may not exceed the amount equal to the cost of services not received by the Customer.
7.8. Except as expressly stated in the Agreement, neither the Contractor nor the Customer will transfer their rights and obligations hereunder without the prior written consent of the other Party.
7.9. During the term of the Agreement, the Parties undertake to restrict access of third parties without lawful grounds, as well as employees and officials who do not participate in the performance of obligations under the Agreement, and to protect the confidentiality of information constituting a commercial secret and transmitted to each other during the performance of obligations under this Agreement. The information is considered to be confidential and constituting a trade secret, the Party that transferred it in the event that the information on it is explicitly stated that this information is confidential. The parties understand that the subject matter of the Agreement is, as a rule, public posting of the Customer’s information on the Internet and confidentiality can only be personal data of the Customer. P>
7.10. In case of violation of paragraph 8.3.8. The Contractor is entitled to suspend the provision of services.
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8. PROCEDURE FOR CONSIDERATION OF CLAIMS AND DISPUTES h4>
8.1. Claims of the Customer for the Services received are accepted by the Contractor for consideration only in writing and no later than 3 business days from the date the dispute arises. The term for consideration of the Customer’s claims is 30 (thirty) business days.
8.2. Consideration of claims related to the provision of the Services is carried out upon presentation by the Customer of the relevant financial documents confirming payment for the Services.
8.3. In order to resolve technical issues in determining the Customer’s guilt as a result of his illegal actions while using the Internet, the Contractor has the right to independently engage competent organizations as experts.
8.4. Disputes over domain names are dealt with according to the procedure provided for in the relevant section of the current domain zone rules published on the official website of the domain administration at its current Internet address.
8.5. When considering disputes, as evidence, the parties are entitled to provide printed e-mails (e-mails), with saved technical information in them (headers). If there is no official technical information (headers), such letter is not evidence. The correctness of the e-mail headers can be confirmed by the Provider through which the corresponding e-mail was sent or by independent experts. P>
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9. FORCE MAJOR h4>
9.1. The parties are exempt from liability for full or partial failure to fulfill obligations under this contract if they prove that it was the result of force majeure circumstances, namely: natural disasters, war or military actions, damage or malfunction of communication lines, changes in legislation or other Parties of extraordinary and inescapable circumstances that occurred against their will, and provided that these circumstances directly affected the performance of the Agreement.
9.2. The party for whom the impossibility of fulfilling its obligations under the Agreement has been created must immediately give a written notice to the other Party about the occurrence and termination of force majeure circumstances.
9.3. The timing of the performance of obligations in the event of force majeure is postponed in proportion to the time during which such circumstances apply. If these circumstances are valid for more than 3 (three) consecutive months, this Agreement may be terminated at the initiative of one of the parties by sending a notice to the other Party, and neither of the Parties has the right to claim damages from the other party.
9.4. The presence of force majeure is confirmed by the official conclusion of the authorized body of Belize. P>
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10. DURATION AND PROCEDURE FOR TERMINATION OF A PUBLIC CONTRACT h4>
10.1. The contract takes effect from the moment of receipt of the first prepayment to the account of the Contractor and lasts for 365 days. If none of the Parties 10 calendar days prior to the expiration of the Agreement does not inform the other Party about the desire to terminate or revise the Agreement, its validity is prolonged for the same period.
10.2. The agreement may be terminated by agreement of the Parties.
10.3. If one of the Parties violates the terms of the Agreement, the other Party has the right to unilaterally terminate the Agreement, and notifies the Party that violates the terms of the Agreement in writing, no refund is made in this case.
10.4. The customer has the right at any time to unilaterally withdraw from the Contractor’s Services. In this case, the Customer is obliged to notify the Contractor of the desire to terminate the Contract 30 calendar days prior to the date of termination of the Contract and to pay off financial debts, if any.
10.5. In the event of early termination of the provision of the Services, the Customer shall return the unused money for a full month of service in accordance with clause 7.7.
10.6. Upon termination of the Agreement or termination of its validity, all electronic information of the Customer at the Contractor is deleted within one working day from the date of termination (expiration) of the Agreement. P>
: Ramon's Plaza of.345, 8.5 Miles Northern Highway, Ladyville, Belize
: manager @xserv24.com