Virtual Systems


Provision of resources for website and data hosting

FOP Smyrnov V.V. acting as Virtual Systems hosting company (hereinafter "Provider"), as one party and

_______________________ (hereinafter "Customer"), as another party (hereinafter "Parties"), have signed this agreement of the following:


Parties agreed to use the following terms and definitions in this Agreement in these meanings:

Service - a list of services provided to Customer, including hardware and software lease, virtual or dedicated server lease, webhosting resources lease to host customer's websites and databases on a servers that were previously set up by Provider and provision of technical and consultant support for Customer.

Consultant and technical support - set of services to provide requested information for Customers related to his server operating system and services functioning.

Datacenter - Technical spot, responsible for hardware collocation, uninterruptable power supply and unstoppable Internet connectivity, climatic and security requirements that are necessary to operate hardware.

Hardware - list of server and communication equipment agreed by Parties owned by Provider that is leased to Customer on terms of this Agreement.

Virtual server - An entity consisting of dedicated hypervisor resources and on operating system, fully available for the Customer to run his applications, websites and data.

Shared hosting - provision resources of a previously set up and Provider managed webserver to a Customer to run his websites on a set of webserver software with maximum compatibility, available to Custorem during the terms of this Agreement.

Payment period - time period with duration shown in the Agreement during which services were provided to Customer. Payment period starts on Agreement signment by both Parties..

Billing system - automated system of user and services accounting, invoices generation, payment and user request tracking. Customer obtains a personified private page in a billing system available by this URL, which contains information about Customer services, resources usage, invoice and payment transactions history and payment gateways access to pay current invoices with automatic payment enrollment.

Protection system - hardware and software system that tracks and mitigates malicious traffic from Internet towards protected Customer's website and lets real users visit the site without interruption.

Malicious traffic - flood of information requests that do not contain any useful load, originating in the Internet and aimed to misoperate a victim Customer website

By overloading the network uplink or a webserver. Some of them are ICMP flood, UDP flood, SYN flood, HTTP flood, spoofed SYN/UDP flood and their combinations.

1.     Scope of the agreement

Customer requests, and Provider provides the necessary resources to host and run Customer's online services: webhosting account, virtual or dedicated server, IP address space, located in a Datacenter on the terms and conditions shown in the Agreement and Customer pays for the services provided according to hosting plan shown in addition 1 to this Agreement

2.     Parties rights and obligations

2.1. Provider is required to maintain his hardware and software to ensure its reliable operation.

2.2. Provider is obliged to maintain services uptime at least 98% level during payment period in case of Customer timely payment for the Services. In the same time downtime due to planned maintenance should not exceed 4 hours during a month.

2.3. Provider is obliged in a close to real-time mode monitor services and equipment state.

2.4. Provider is not responsible for the content hosted or distributed by Customer using Services.

2.5. Provider is obliged to provide Customer all necessary technical support regarding functioning of services.

2.6. Customer is obliged to pay for the services provided during 5 days after the next payment period has come for the next billing period. The amount to pay is defined according to the list of services ordered and shown in Addition 1 to this Agreement.

2.7. Customer is obliged to follow the terms and conditions of services provision shown on a Provider website.

3.     Terms of payment

3.1. For the services provided according to this Agreement, Provider issues an invoice in advance using automated billing systems. The amount to pay is defined by a list of services shown in Addition 1 to this agreement. Customer pays the invoice in 5 days since date of invoicing.

3.2. Fact of services obtaining in the relevant quality and quantity is confirmed by a Statement of services provision, generated by Provider upon the end of each billing period. In 5 days Customer signs the Statement or sends his notices in written form. In case if any notices have not been received from Customer since the date of Statement passing, the Statement is considered as accepted and signed.

3.3. Services payment is processed through automated payment gateways available from the private page, given to Customer during registration. All payment requisites are also provided in section 5 of this Agreement.

3.4. In case of overdue payment by Customer for the services provided Provider may stop the services provision starting from the 6 day of non-payment.

4.     Other conditions

4.1. This Agreement may be stopped in the following cases:

4.1.1. Due to Customer initiative. In this case Customer is obliged to inform Provider of the intents to stop the Agreement not later than 15 days before the date of suspension

4.1.2. Due to Provider initiative and Customer agree. In this case Provider is obliged to inform the Customer of the intents to suspend the Agreement not later than 15 days before the date of suspension.

4.2. In case of conflict between Parties, regarding Services provided upon this Agreement Parties make their efforts to resolve the conflict in a friendly manner using negotiations between Parties representatives. In case if the conflict cannot be resolved via negotiations during two payment periods, its resolving and parties responsibility will be defined according to Ukraine laws.

4.3. This Agreement takes power upon placing payment under invoice in an automated billing system or Agreement signing with both parties and is valid for 1 year from signing date.

4.4. The Agreement is considered automatically prolonged for 1 year each next year in case if none of the Parties has not reported the other Party of her intent to suspend the Agreement 20 days before the term of Agreement end date.

4.5. This Agreement is made in two identical copies - one for each Party. Each copy has the same power.

4.6. All additions and changes to the Agreement have to be drawn in written form and signed by both Parties.

5.     Parties bank requisites addresses and signatures


FOP Smyrnov V.V.

Acting as Virtual Systems Company



04050 Kyiv, Dehtyarivska 4

Tax number 3012917019

Phone. +380 44 5915679




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/ /


Addition #1

Agreement # VS-_________/LE

from "__" ___________ 20_ .

Parties agreed the following list of Services for the following tariff plans:



Description, limits, SLA

Monthly fee $








Total $



Addition #2

Agreement #VS-____/LE

"___" ________ 20__.

Technical and administrative representatives





User accounting department


phone.: +380 (44) 5915679 ( 10:00 - 19:00 GMT+2)

skype :


User support department


phone.: +380 (44) 5915679 (24x7)




Addition #3

Agreement # VS-____/LE

"____" ____ 20__


(Service Level Agreement)

Provider is obliged to provide Cusmoter all necessary technical support and consult the Customer representatives on the questions regarding Services functioning, invoicing and payment questions.

Provider is not responsible for the content hosted by Customer on the equipment in the Datacenter used to provide the Services

Reliability levels of Services:

Category 1 - TIER III

Provider is obliged to maintain services uptime not less than 99,9 % during payment period.

Provider guarantees servers, network infrastructure and datacenter redundancy.

- Maximum downtime less than 30 minutes per month;

- Time for services renewal after downtime - 15 minutes;

Exceeding downtime terms leads to a compensation by the following formula: 15 minutes equals to 1 day of free service;

Category 2 - TIER II

Provider is obliged to maintain services uptime not less than 99,8 % during payment period.

Provider guarantees servers and network infrastructure redundancy

- Maximum downtime less than 60 minutes per month;

- Time for services renewal after downtime - 25 minutes;

Exceeding downtime terms leads to a compensation by the following formula: 30 minutes of downtime equals to 1 day of free service;

Category 3 TIER I

Website DDoS protection services assume short services downtime for filtration systems settings adjustment and recovering websites from existing downtime, and non-zero risk of repeating attack with extended power. Porvider is not reliable for backend operation, in case if it is not located in Provider's datacenters and not under Provider's management under this Agreement. Maximum downtime of services due to planned maintenance should not exceed 4 hours per month. Exceeding terms of downtimes leads to compensation by formula: 1 downtime hour equals to 1 day of free service.

- Service recovery time - 25 minutes.