Offer for Hosting Services

Individual Entrepreneur Alexey Mikhalevich (IN302259623, registered in Tbilisi, Georgia), hereinafter referred to as the Service Provider, expresses the intention to enter into a contract for the provision of hosting services to individuals on the terms of this offer.

1. Terms and Definitions

1.1. Offer - this document published on the Website at https://hostetski.com/iagree.html.
1.2. Acceptance of the Offer - the full and unconditional acceptance of the Offer by performing the actions specified in clauses 4.1 to 4.4 of the Offer.
1.3. Customer - an individual who has accepted the Offer and is a consumer of hosting services under the concluded Agreement.
1.4. Agreement - an agreement between the Customer and the Service Provider for the provision of information services, which is concluded through the Acceptance of the Offer.
1.5. Hosting Services - services for providing computing power for hosting information in an information system permanently connected to the Internet.
1.6. Access Services - services for providing unlimited access to the Customer's information placed in the information system to an unlimited number of users from the Internet, in the manner of providing hosting services.
1.7. Software Services - services for the use of software designed to provide software tools for managing hosting services.
1.8. Additional Services - services technologically inseparable from hosting services. The list and cost of services are posted on the Website.
1.9. Hosting Services - a combination of hosting services, access services, related additional services, as well as software services provided in accordance with the Service Provider's tariff plans at the Customer's request.
1.10. Website - a set of programs for electronic computers and other information of the Service Provider in the information and telecommunication network "Internet", accessed at https://my.hostetski.com/.
1.11. Application - the result of the Customer's actions performed using the software tools of the Website or other software provided by the Service Provider, reflecting the composition and list of hosting services to be provided by the Service Provider.
1.12. Registration Data - the list of mandatory information determined by the Service Provider, provided by the applicant during the initial formation of the Application for hosting services and available for subsequent editing by the Customer through the personal account on the Website.
1.13. Account Data - data provided to the Customer via email or through other software tools of the Service Provider for accessing hosting services.
1.14. Loyalty Program - rewards for loyal customers aimed at promoting the Service Provider, increasing brand recognition, and boosting sales.

2. Subject of the Offer

2.1. The Provider undertakes to provide hosting services to the Customer during the term of the Agreement, and the Customer agrees to pay for these services.

3. Rights and Obligations of the Parties

3.1. The Provider shall:
3.1.1. Timely provide the Customer with account credentials.
3.1.2. Ensure uninterrupted operation of the Provider's equipment and software during the provision of services, not less than 98% of the time within a month.
3.1.3. Inform the Customer about planned events that may temporarily suspend the performance of the Agreement or change its conditions no later than 5 (five) hours before their implementation.
3.1.4. Notify the Customer of any changes in tariffs or pricing plans at least 6 hours before the changes occur, through the Website and/or email.
3.2. The Customer shall:
3.2.1. Provide accurate registration information and promptly update it when necessary.
3.2.2. Ensure the confidential storage and prevent the compromise of account credentials.
3.2.3. Immediately notify the Provider in case of loss or reasonable suspicion of confidentiality breach (compromise) of account credentials.
3.2.4. Use the services in accordance with the terms of the Agreement, Georgian legislation, and refrain from the following actions:
• Publishing or transmitting any information that contradicts Georgian legislation or international law.
• Publishing or transmitting unlawfully obtained information, whether in whole or in part, protected by copyright and/or related rights without the owner's permission.
• Publishing or transmitting any information that contains viruses or other malicious components.
• Publishing or transmitting pornographic materials.
• Mass mailing information via email.
• Falsifying IP addresses or other identification data used in network protocols when transmitting data over the Internet.
• Operating a public proxy server or a public virtual private network (VPN) server.
• Taking actions that disrupt the normal functioning of Internet network elements (computers, other equipment, or software).
• Taking actions aimed at gaining unauthorized access to an Internet resource (computer, other equipment, or information resource), subsequent use of such access, as well as destruction or modification of data on that resource.
3.2.5. In the event of claims, demands, or lawsuits against the Provider by third parties related to the Customer's violation of Georgian regulatory acts and/or third-party rights, the Customer shall participate on their side in the settlement of such claims. The Customer agrees to fully compensate the Provider for expenses and losses associated with the compensation of the aforementioned claims and/or demands by third parties.
3.2.6. The Customer shall independently take all necessary measures to settle possible disputes and claims filed against them personally.
3.2.7. The Customer shall not hold the Provider responsible for any damages caused by third parties who gained access to the Customer's identification parameters and/or resources due to the Customer's fault.
3.2.8. The Customer agrees to renew the services at least one day before their expiration; otherwise, the Provider may demand a penalty of 1% of the service cost for each day of payment delay.
3.2.8.1. Except in the case of service termination before the payment deadline.
3.2.8.2. If the Customer does not renew the service, the Performer has the right to delete the service.
3.3. The Customer has the right to:
3.3.1. Monitor the progress and quality of services provided by the Performer at any time.
3.3.2. Terminate the Agreement unilaterally, compensating the Performer for the actual expenses incurred by the Performer in the performance of the Agreement at the time of its termination.
3.3.3. Demand a recalculation in case of interruptions in the provision of services or the provision of services with reduced quality, in the manner provided for in the Agreement.
3.4. The Performer has the right to:
3.4.1. At its discretion, involve third parties in the performance of the Agreement.
3.4.2. Unilaterally change the cost of services, tariff parameters, or tariff plans. The Customer is notified of the changes through the Website.
3.4.3. Suspend the provision of hosting services for a period not exceeding four hours per month for the purpose of scheduled maintenance of communication facilities and/or other equipment used to provide such services.
3.4.4. Suspend the provision of access services in whole or in part in the event of the Customer's breach of the Agreement's terms until they are rectified.
3.4.5. Suspend, block, or prohibit the use of the Customer's software if the operation of such software causes or may cause emergencies, security breaches, or breaches of service conditions.
3.4.6. Suspend the provision of hosting services in whole or in part if the load created by the provided computing power, as well as incoming or outgoing Internet traffic, creates unacceptable conditions for the operation of the Performer's technical facilities or affects the quality, including security, of services provided to other customers of the Performer.
3.4.7. Suspend the provision of access services in the event of claims from third parties regarding information posted by the Customer, until settlement in accordance with the provisions of the Agreement.
3.4.8. Suspend the Customer's service for 24 hours in case of significant network and/or equipment load on the Performer's side.
3.4.9. Terminate the contract unilaterally without notifying the client.
3.4.10. Change the terms of the contract without notifying the client unilaterally.
3.4.11. Modify the price for the client on an individual basis with notification to the client.
3.4.12. Change the tariff plan of the Customer's account unilaterally without notifying the client.
3.5. The Performer is not responsible for:
3.5.1. The quality and uninterrupted operation and availability of individual segments of the Internet network supported by third parties;
3.5.2. The availability of information posted by the Customer to all segments of the Internet network due to the peculiarities of the operation of segments supported by third parties;
3.5.3. The information posted by the Customer, the functionality of software installed without the involvement of the Performer.
3.5.4. The functionality and compatibility of software developed by the Customer or third parties;
3.5.5. The functionality of software provided by the Performer if the Customer has made changes to the software;
3.5.6. For third-party access to the Customer's confidential information, including account data, resulting from the Customer's fault, as well as the consequences of such access;
3.5.7. For any damages incurred by the Customer due to the disclosure of their account data;
3.5.8. For damages that may be caused to the Customer as a result of the execution of the Agreement.
3.5.9. For the integrity and timeliness of data backup for the Customer, as well as for the quality, timeliness, and completeness of measures taken by the Performer in case of actions by third parties aimed at causing the provided computing power to fail (DOS attack).
3.5.10. For the accuracy of the registration data provided by the Customer.
3.5.11. For the functionality of third-party software designed for data exchange in machine-readable format.

4. Acceptance of Offer and Contract Conclusion

4.1. In order to create a preliminary Service Request, the party intending to accept the Offer provides accurate information about themselves and the required hosting services by filling out the registration data through the form on the websites https://hostetski.com/billing.php?do=order&type=partner.
4.2. After submitting the Service Request mentioned in clause 4.1, the Performer issues an invoice for payment.
4.3. The Customer accepts the Offer by paying for the Performer's services in accordance with the issued invoice for payment.
4.4. The acceptance period is 7 (seven) business days from the date of invoice issuance.

5. Specifics of Software Services Provision

5.1. The Customer is responsible for performing the necessary actions during the use of the software service and bears responsibility for any actions taken.
5.2. In order to fulfill the contract, the Customer must provide all requested information required for the provision of software services.

6. Specifics of Additional Services Provision

6.1. The order of additional services from the list specified on the Website is made by the Customer through conclusive actions, such as selecting the corresponding checkboxes in the forms for ordering additional services on the Website.
6.2. Tariffs for additional services from the list specified on the Website are posted on the Website.
6.3. The order of additional services not listed on the Website is made by the Customer through submitting a written request. Tariffs for such services are determined by mutual agreement between the parties.

7. Duration and Amendment of Offer Conditions

7.1. The Offer comes into effect upon publication on the Performer's Website and remains valid until the Performer withdraws the Offer.
7.2. The Performer reserves the right to make changes to the conditions of the Offer or withdraw the Offer at any time at their discretion, unilaterally and without notifying the Customer.

8. Liability of the Parties

8.1. The Parties are responsible for non-performance or improper performance of their obligations under this Agreement in accordance with its terms and, to the extent not regulated by the Agreement, under the applicable legislation of Georgia.
8.2. The Customer is aware of the essential functional properties of the provided services. The Customer bears the risk of the software used under the Agreement meeting their needs. The Performer is not liable for any losses arising from improper performance or impossibility of performing the Agreement.
8.3. In connection with the use of computer and other equipment, communication channels, and/or third-party software in the performance of the agreement, the Parties agree that the Performer is not responsible for any delays, interruptions, direct or indirect damage or losses resulting from defects in any electronic or mechanical equipment and/or computer programs or due to other objective technological reasons, as well as due to the actions or inactions of third parties, data transmission or connection problems, power outages occurring not due to the fault of the Performer.
8.4. In case of a violation of the guaranteed uninterrupted operation time condition, the Performer recalculates the rendered services based on the Customer's request and if the Performer is at fault.
8.5. Recalculation for services related to the functionality of the equipment can only be made for the period of time that exceeds the guaranteed equipment uptime. The funds received as a result of the recalculation are used for the provision of services in subsequent periods of their provision.
8.6. The Performer's liability for non-performance of obligations under this Agreement cannot exceed the cost of performing the Agreement for one calendar month.

9. Payments

9.1. Payments for hosting services are made by non-cash transfer to the Performer's bank account through payment services listed on the Performer's Website, based on the invoices sent to the Customer.
9.2. Hosting services and access services are paid in advance by paying the subscription fee in accordance with the applicable tariff selected by the Customer. The prepaid subscription fee is reflected in the invoices sent to the Customer via email as a separate line item.
9.3. Provision of software services is provided when there are sufficient funds in the Customer's account, and the funds are debited from the customer's account immediately after the service is rendered, if payment for such service is provided for by the tariff plan.
9.4. Additional services are prepaid unless otherwise agreed upon by the parties, based on the invoices sent to the Customer via email. Such services billed on a post-payment basis are reflected in the invoices as a separate line item.
9.5. In the event of a suspension of services that occurred not due to the fault of the Customer, the Customer may request a recalculation and refund of funds.
9.6. The suspension of access services due to a breach of the Agreement by the Customer, particularly in accordance with the "Dealing with Third-Party Claims" section, does not constitute a suspension of hosting services. Payment for the suspended period of access services is made in full.

10. Duration of the Agreement. Amendment and Termination Procedure

10.1. This Agreement shall enter into force on the date of its execution and shall remain in effect indefinitely.
10.2. Upon termination of this Agreement on any grounds, its provisions shall apply to the relationship between the Parties until the completion of mutual settlements and the transfer of necessary documentation.
10.3. The Agreement may be terminated by mutual agreement of the parties.
10.4. The Agreement may be terminated by the Performer's initiative out of court in case of non-payment for services within one week from the moment of their suspension, as well as in case of failure to provide the requested information by the Performer within the specified timeframe in accordance with the "Dealing with Third-Party Claims" section of the Agreement.

11. Dispute Resolution Procedure

11.1. In the event of a breach of the terms of this Agreement by the Performer, the Customer undertakes to submit a claim no later than 7 (seven) days from the date of identifying such violations. The Performer has the right to disregard claims submitted by the Customer after the aforementioned deadline. The Performer undertakes to respond to the Customer's claim within 14 (fourteen) working days from the date of its receipt.
11.2. Disputes regarding the payment of outstanding debts by the Customer, overdue for more than 30 (thirty) calendar days, may be referred to court without following the pre-trial dispute resolution procedure.
11.3. In the event that the Parties fail to reach an agreement on the issues presented in the claim procedure, the dispute shall be referred to the court at the Performer's registered address.

12. Handling Third-Party Claims

12.1. In the event of third-party claims being filed with the Performer regarding information provided by the Customer, the Performer has the right, at its discretion, to suspend the provision of access services, immediately notifying the Customer via email. The notification should include information regarding the content of the third-party claim, excluding personal data, or a copy of the claim.
12.2. Along with the notification, the Performer has the right to request explanations, information, and/or documents related to the substance of the claim from the Customer. The Customer must provide the requested information via email within 24 hours.
12.3. Within 24 hours from the receipt of a third-party claim, the Performer is obligated to conduct an investigation regarding the substance of the claim, except in cases specified in the Agreement.
12.3.1. In relation to information that may contain viruses and/or other malicious programs, the investigation is conducted using the services: virustotal.com and revisium.com/ai/. The results obtained from these services are considered valid until the Customer proves otherwise.
12.3.2. In relation to information that may contain elements of pornography, the third-party claim is considered valid without additional verification, until the Customer proves otherwise by providing a report from relevant experts.
12.3.3. In relation to information that may violate norms on personal data protection, the third-party claim is considered valid without additional verification, until the Customer proves otherwise.
12.3.4. In relation to information that may violate legally protected intellectual property rights, the third-party claim is considered valid without additional verification, until the Customer proves otherwise.
12.4. In the event that the Customer fails to provide information within the specified timeframe to refute the claim, the Performer has the right to suspend the provision of access services, notifying the Customer in writing. The suspension remains in effect until the Customer provides the requested information. If the Customer fails to provide the requested information within 3 (three) days, the Performer has the right to unilaterally terminate the Agreement, notifying the Customer via email.
12.5. All expenses related to refuting claims are the responsibility of the Customer.

13. Final Provisions

13.1. Any notifications permitted and/or required under the Agreement must be sent by the Parties via email using the addresses specified by the Customer in the registration data and by the Performer on the Website. A notification is considered delivered upon receipt by the notified Party.
13.2. The Parties undertake to independently and promptly check the correspondence sent through the aforementioned means.
13.3. The terms of this offer do not apply to relationships with legal entities or individual entrepreneurs.
13.4. Without contradicting the above, the Performer is released from liability for a breach of the Agreement if such breach is caused by force majeure circumstances, including actions of government authorities, the adoption of legal acts, fire, natural disasters, strikes, civil unrest, riots, and any other circumstances, not limited to the ones listed, that may affect the Performer's performance of the Agreement.