Public Offer Agreement

Note. This English text is provided for convenience only. The binding version of this agreement is the Ukrainian one, available at Публічна оферта. In case of any discrepancy, the Ukrainian text prevails.

On the provision of paid services.

Individual entrepreneur Hutsal O. V., hereinafter “ServerDale”, offers subscription services on the Internet (hereinafter — the Services) to any legal entity or natural person, referred to as the Subscriber, by way of the Subscriber ordering a service on the website serverdale.com. Payment by the Subscriber for the Services constitutes unconditional acceptance of the terms of this public Offer (hereinafter — the Agreement).

1. General provisions

1.1. The Services mean provision to the Subscriber of:

• a unique username and password allowing management of a virtual server (VDS) hosted on ServerDale equipment (credentials are issued within 24 hours of payment reaching the ServerDale account);
• guaranteed provision of the resources stated in the tariff plan chosen by the user (RAM, HDD, CPU);
• availability of the virtual server from the Internet;
• a free domain name for the VDS in the *.vds.serverdale.com zone;
• the data required to connect to the Service, together with support by email, chat and the technical support telephone lines.

1.2. The Services do not include configuration or diagnostics of the Subscriber's personal computer, modem or software, nor training in the use of the Internet or of the virtual dedicated server's operating system.

2. Rights and obligations of the parties

2.1. ServerDale undertakes to

2.1.1. Provide the Services to the Subscriber after registration.

2.1.2. Register the Subscriber by issuing a password and username, sent to the email address given by the Subscriber when ordering the service.

2.1.3. Provide the Services in line with the balance held in the Subscriber's account under clause 3 of this Agreement, based on the requests and instructions submitted through the ServerDale billing panel.

2.1.4. Keep confidential the Subscriber's information obtained at registration, as well as the content of private email messages, except in cases provided for by the applicable law of Ukraine or where the Subscriber breaches clause 2.3.1.

2.1.5. Notify users of maintenance work, tariff changes and promotions.

2.2. The Subscriber undertakes to

2.2.1. Pay for the ServerDale Services in full and on time.

2.2.2. Retain the financial documents confirming payment for the Services.

2.2.3. Read the notices sent by ServerDale by email or through the billing panel (https://my.serverdale.com).

2.2.4. At ServerDale's request, provide the documents required of a natural person or legal entity, depending on which is registered as the Subscriber.

2.2.5. At the Provider's request, supply the documents required to activate or renew the ordered services.

2.3. ServerDale is entitled to

2.3.1. Suspend the Services in the following cases:

1. failure to pay for the Services within the deadlines set by ServerDale, late top-up of the account, or failure to supply the documents required by the Provider;
2. actions aimed at restricting or obstructing other users' access to the Services, and attempts at unlawful access to ServerDale resources or to other resources;
3. publishing or transmitting over the Internet any information that contravenes the law of Ukraine or international law. Distribution here means both bulk sending of messages to many recipients and repeated sending to a single recipient, as well as the use of ServerDale details (web pages, email) in such mailings made through another provider;
4. publishing or transmitting any information or software containing computer viruses or equivalent components;
5. actions aimed at sending, publishing, transmitting, reproducing, supplying or otherwise using for commercial purposes any information, software or other material obtained in whole or in part through the Services, where this is not expressly permitted by the owner of that material and where the owner has demanded that such actions be restricted;
6. actions aimed at sending, publishing, transmitting, reproducing or distributing by any means any software or other material obtained through the Services that is protected in whole or in part by copyright or other rights, without the owner's permission; and likewise sending, publishing, transmitting or distributing by any means any component of the Services or works derived from them, the Services themselves also being subject to copyright and other rights, where the rights holder has demanded that such actions be restricted;
7. sending commercial or other electronic messages that have not been agreed (solicited) with the recipient in advance;
8. publishing or transmitting pornographic images over the Internet. ServerDale is entitled to determine on its own whether an image is pornographic;
9. deliberately or accidentally creating sustained load (over 5 minutes) on the disk array that interferes with other users;
10. failure to observe the conditions published at VDS Terms of Use;
11. creating multiple accounts in the billing system (my.serverdale.com);
12. the Provider reserves the right to refuse service without further explanation.

2.3.2. ServerDale may terminate this Agreement unilaterally, sending written or electronic notice at the same time, if the Subscriber breaches its terms. The Agreement is deemed terminated on the date that notice is sent.

2.3.3. ServerDale may disclose information about the Subscriber, including the log of their server connections and data transfers, if the Subscriber breaches clause 2.3.1.

2.3.4. ServerDale may amend this Agreement unilaterally. Amendments take effect on the date they are published on the ServerDale website.

3. Price of the services and payment procedure

3.1. The price is set by the tariff plan approved by ServerDale. Subscription fees and prices are stated in conventional units, where 1 unit = 1 US dollar.

3.2. ServerDale may revise prices and introduce new tariff plans unilaterally. ServerDale notifies the Subscriber of new tariffs by publishing a notice in the billing system (https://my.serverdale.com) and by email. A new tariff plan takes effect on the date it is published on the ServerDale website. The Subscriber may withdraw from this Agreement by notifying ServerDale immediately. Continued use of the Services means the Agreement is accepted on the new terms.

3.3. Services are provided while the Subscriber's account balance is positive.

3.4. Payment may be made in cash or by bank transfer. Transfer fees and currency conversion costs are borne by the Subscriber.

3.5. The Subscriber is responsible for making payments correctly. If ServerDale's bank details change, the Subscriber bears responsibility for payments made to outdated details from the moment the new details are published on the ServerDale website.

3.6. Payment is deemed confirmed and the Subscriber's account opened:

• for bank payments — once the bank confirms the funds have been credited to the ServerDale account;
• for payments made to ServerDale — within 1 (one) business day.

3.7. For 4 days after a service is suspended for non-payment, all virtual server data is retained and the server can be reactivated. After that period the contents of the Subscriber's virtual server are deleted automatically.

4. Special conditions and liability

4.1. ServerDale does not guarantee that the Services will be absolutely uninterrupted or error-free.

4.2. ServerDale is not liable for direct or indirect losses incurred by the Subscriber through use of, or inability to use, the Services, or arising from errors, omissions, interruptions, file deletion, defects, delays in operation or data transfer, changes in functionality or other causes.

4.3. ServerDale is not liable for the quality of the public communication channels through which the Subscriber accesses the Services.

4.4. The Subscriber accepts full responsibility and risk associated with using the Internet through the Services, including responsibility for assessing the accuracy, completeness and usefulness of any opinions, ideas or other information, and the quality and properties of goods and services distributed online and provided to the Subscriber through the Services.

4.5. The Subscriber is fully responsible for keeping their password safe and for any losses arising from its unauthorised use. If a username and password are stolen through the fault of third parties, the client may send ServerDale a request to change them, attaching the financial document confirming payment for the Services.

4.6. ServerDale is not liable for notifying any third parties that the Subscriber's access has been withdrawn, nor for consequences arising from the absence of such notice.

5. Handling of claims and disputes

5.1. Subscriber claims regarding the Services are accepted for consideration only in writing and no later than 3 calendar days from the date the dispute arose. Claims are reviewed within no more than 14 (fourteen) business days.

5.2. Claims against ServerDale relating to the Services are considered on presentation of the financial documents confirming payment.

5.3. To resolve technical questions about the Subscriber's fault arising from unlawful use of the Internet, ServerDale may engage competent organisations as experts.

5.4. If the service is declined, a refund is possible within 14 days of the service being opened and is made to the card used for payment. Refunds are possible only for payments made by Visa/MasterCard.

6. Conclusion of the agreement, its term, amendment and termination

6.1. The Subscriber may withdraw from ServerDale services unilaterally at any time.

6.2. The Agreement takes effect from the moment payment for the services is made in the manner set out in this Agreement.

Provider's address and bank details