Virtual Systems LTD acting as hosting company (hereinafter "Provider"), as one party and
_______________________ (hereinafter "Customer"), as another party (hereinafter "Parties"), have signed this agreement of the following:
TERMS AND CONDITIONS
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 support to Customer.
Technical support - set of services to supplied by Provider staff based on Customer requests, registered in Provider’s helpdesk system aiming to consult, troubleshoot or improve Customer services quality and satisfaction, including network and hardware configuration and tuning, operation system and server software configuration and performance optimization, including periodical rutine operations like backup and software updates.
Datacenter - Technical spot, collocating hardware, providing uninterruptable power supply and stable Internet connectivity, maintaining required climatic and security modes that are necessary for sustainable hardware operation.
Hardware - list of server and network 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 Customer during the terms of this Agreement.
Billing plan – services fee, shown on the appropriate section on Providers website https://v-sys.org and time periods between payments, which can be Monthly, Quarterly or Annually, signed in the Addition to this Agreement and in appropriate Order in Provider Billing system.
Billing and Helpdesk 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 https://my.v-sys.org, which contains Customer services list, resources usage stats, invoice and payment transactions history and payment gateways access to settle current invoices with automatic payment enrollment.
DDoS 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.
Prohibited Customer activity - Customer is strictly prohibited to perform following activities on his servers:
- Spamming and bulk email sending;
- Hacking, port-scanning, spoofing, flooding other hosts on the Internet;
- Hosting phishing/malware resources;
- Hosting Child pornography, violent threats and harassment sites;
1. Scope of the agreement
Provider supplies required services based on Customer order, placed in a Billing system, including
Webhosting account, virtual or dedicated servers, IP address space, Protection and Cloud services located in Provider’s Datacenters on the terms and conditions shown in the Agreement and Customer pays for the services provided according to Billing plan shown in the addition 1 to this Agreement.
2. Parties rights and obligations
2.1. Provider is required to maintain its network, 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 in any case 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, and network functioning.
2.6. Customer is obliged to pay for the services provided during 5 days after the next due date according to his Billing plan the amount, shown in appropriate invoice, that contains 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 and is obliged to avoid prohibited activity shown in this agreement and Provider website.
2.8. In case if Prohibited activity was detected at Customer’s servers Provider will issue notification to remove the violation. In case of repeated Prohibited activity detection or ignoring of removal request Provider has a right to terminate Customer’s services without refunding services fee.
3. Terms of payment
3.1. An invoice is created at the moment of order placement in the Billing system. The invoice has to be paid by Customer during 5 days after the Due date of the Invoice. Invoice can be settled by a number of payment gateways provided by the Billing system. Customer has to be aware, some of gateways charge payment fee up to 5% of amount to be paid.
3.2. Failure to pay the invoice in 5 days period after due date will result as an overdue invoice and additional 10% late fee added after 10 days of non-payment. After 14 days of nonpayment the invoice Provider may suspend Customer services and after 20 days terminate them completely. Billing system will send automated reminds of unpaid invoices each 5 days to Customer registered email shown at order process.
3.3. In case of existence of Issues having serious influence on Services quality or making it impossible to use the Services, Customer has to inform the Provider of the issue using Helpdesk system, or sending email to Provider help desk email@example.com showing issue technical details and affected services. In case if the issue remains unresolved more than 48 hours, Customer has a right for a full refund for his services paid.
3.4. In case of Customer violation of Prohibited acidity list, Provider may stop Customers services without refund after 2 unresolved violation requests.
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
Virtual Systems LTD hosting company
01030 Kyiv, Laboratorna 33/37
Tax number 41872207
Phone. +380 44 5915679
Helpdesk system: https://my.v-sys.org
Agreement # VS-_________/LE
from "__" ___________ 20_ .
Parties agreed the following list of Services for the following tariff plans:
Description, limits, SLA
Monthly fee $
(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.