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The information below is an official proposal (public offer) by the service owner, sole proprietor Marchenko Volodymyr Ihorovych (hereinafter the “Provider”), to any natural or legal person (hereinafter the “Customer”) to enter into a subscription services agreement and contains all essential terms of service.

This offer is a public contract of adhesion and has legal force under the applicable legislation of Ukraine. The terms of the offer are the same for all consumers and cannot be changed by the other party to the agreement.

Under Article 633 of the Civil Code of Ukraine, this proposal is a public offer. The Customer’s registration in the accounting system on the Provider’s web server constitutes full and unconditional acceptance of the offer. Payment for services or adding funds to the Customer’s balance in the Provider’s system also constitutes acceptance of this Offer.

The Provider, on the one hand, and the Customer, on the other hand, have entered into this Agreement as follows:

1.1.Under this Agreement, the Provider undertakes to provide the Services in the manner and on the terms established herein, and the Customer undertakes to accept and pay for the services provided.

1.2.This Agreement constitutes a public offer, is equivalent to an “oral agreement” and has legal force under the applicable legislation of Ukraine.

2.1.The Services mean providing the Customer with:

2.1.1.A unique username (hereinafter the login) and a password allowing the Customer to manage services on https://isoft.com.ua/. This information is sent to the Customer’s contact email address after registration and payment. The contact email address is the address specified by the Customer during registration;

2.1.2.The ability to store information on the Provider’s servers within the quota specified by the selected plan.

2.1.3.Domain name registration and support on primary and secondary DNS name servers, where that service is ordered on the official website https://isoft.com.ua/. Registration of domain names in zones managed by ICANN, including .com, .net, .org and other gTLD/ccTLD zones.

2.1.4.The ability to create email addresses, with the volume of information stored at any given time limited to the quota specified by the selected plan.

2.1.5.The ability to address the hosted resource.

2.1.6.Advice necessary to use the Service by email, messenger (WhatsApp, Telegram, Viber, Signal) or telephone.

2.2.The Customer consents to the storage and processing of personal data to support the relationship in the field of information technology.

3.1.OBLIGATIONS OF THE PROVIDER

3.1.1.To provide the Customer with Services corresponding to the subscription fee paid in accordance with Section 4 of this Agreement.

3.1.2.To register the Customer’s account and send the username (login) and access password by email.

3.1.3.To keep confidential the Customer’s information obtained during registration and the contents of private email messages, except as required by the applicable legislation of Ukraine.

3.1.4.To publish official notices concerning customer service and changes to prices on https://isoft.com.ua/.

3.1.5.To treat the Customer’s personal data received during registration or use of the services, including surname, first name, patronymic, telephone number, email address, address and other details, as restricted-access information protected under applicable law and Section 8 of this Agreement. Such data may be used, disclosed or transferred only for the purposes and in the manner specified in Section 8.

3.2.OBLIGATIONS OF THE CUSTOMER

3.2.1.To have the minimum skills and knowledge necessary to use the Service independently.

3.2.2.To provide accurate information when registering and entering into the Agreement.

3.2.3.Upon the first request, to provide the Provider with scanned copies of a completed application and passport (pages 1 and 2 and the registration page). In this Agreement, an application means a handwritten and signed request addressed to the Provider, required in cases determined by the Provider and communicated to the Customer through emails and instructions on https://isoft.com.ua/. The application form is available for download in the Customer’s account on https://isoft.com.ua/, or the Customer may write it in free form.

3.2.4.To promptly notify the Provider of changes to information such as the contact email address, telephone number and postal address (for sending documents if the Customer wishes to sign the agreement later). For domain services in zones covered by Appendix 3, contact details must be updated within seven (7) calendar days in accordance with clause 2.1 of Appendix 3.

3.2.5.When contacting technical support through https://isoft.com.ua/, to use the contact email address specified when ordering the service, provide the login, first name and surname and, where necessary, use other methods to confirm access rights.

3.2.6.To keep the login and password confidential.

3.2.7.To pay for the Services in accordance with the service plan and Section 4 of this Agreement. The Customer undertakes to independently review the service terms and prices on https://isoft.com.ua/.

3.2.8.If the Customer disagrees with changes to this Agreement, to notify the Provider within ten days of receiving notice of the changes.

3.2.9.To retain bank payment documents (payment orders, receipts and cheques) confirming payment for the Services.

3.2.10.When ordering a dedicated server or VPS with Windows Trial, the Customer undertakes, after the trial period of 180 days, to purchase a licensed Windows operating system from the Provider or another company that is an authorised distributor of that software, and to provide the Provider with payment and/or other documents confirming the licence purchase.

3.2.11.When ordering a dedicated or virtual server with Windows, the Customer must provide the Provider with the following information: for individuals, the taxpayer registration number (Ukrainian tax ID) and registered address; for legal entities, the code in the Unified State Register of Enterprises and Organisations of Ukraine (EDRPOU).

4.1.The Customer accepts the Offer and enters into the Agreement by making advance payment for the Provider’s Services under this Agreement. Advance payment means the Customer agrees to all its terms.

4.2.The price of the work under this Agreement at the time it is entered into is determined by the current terms published on https://isoft.com.ua/ and the period chosen by the Customer as the first payment period for the Services. Renewal may be charged at an increased price applicable on the renewal payment date, in accordance with the current prices published on https://isoft.com.ua/.

4.3.Payments are made according to the prices published on https://isoft.com.ua/ at the time of payment and the invoices, receipts or other payment documents issued, and may include additional service-order discounts, personal discounts and other discounts.

4.4.The Provider may unilaterally revise prices for Services, renewals or restoration, change service tariffs and introduce new plans. The Provider notifies the Customer of new prices or other changes by publishing information on https://isoft.com.ua/. Where an advance has been paid under this Agreement, new Service prices take effect for the Customer after the period covered by the advance has expired.

4.5.Services are provided subject to payment under the selected plan, once payment has been credited to the Provider’s bank account.

4.6.Payment for the Services is made by bank transfer to the Provider’s bank account specified in the invoice, payment receipt or payment systems.

4.6.1.When paying, the Customer must enter a payment reference that accurately identifies the Customer and the service being paid for: the current invoice number issued by the system and the true surname, first name and patronymic or company name. If the required information is missing, the system cannot credit the funds or renew (register) the service. In that case, funds are credited manually after receiving a letter from the Customer containing the required details, copies of payment documents and any other documents and data necessary for identification. Such crediting takes place within fourteen (14) working days after the complete information is received from the Customer.

4.6.2.The Customer independently obtains the invoice on https://isoft.com.ua/ and also receives it by email, and pays it within five days, specifying the Service being paid for and the payment reference stated in the issued payment document.

4.6.3.The Provider sends renewal reminders to the email address supplied during registration. The invoice must be paid no later than the first (last) day after expiry of the service period.

4.6.4.If payment or notification of payment is late, the Provider may suspend the Services.

4.7.The Customer is solely responsible for the correctness of payments made. If the Provider’s bank details change, from the time the new details are published on https://isoft.com.ua/ the Customer bears all adverse consequences of payments made using outdated details.

4.8.The payment date is the date on which the funds are credited to the Provider’s bank account.

4.9.Where Services have been suspended for non-payment, they are restored during the working day following the payment date.

4.9.1.If domain registration, shared hosting or virtual server rental remains unpaid for fourteen days after expiry, restoration may be impossible. If dedicated server rental remains unpaid for one day after expiry, restoration may be impossible. Where restoration is possible, it may be subject to an additional fee set by the Provider.

4.10.Funds received from persons referred to in clause 7.8 of this Agreement will be treated as intended to strengthen the defence capability of the Armed Forces of Ukraine, are non-refundable and will be transferred to support the Ukrainian army.

5.1.The Provider does not guarantee completely uninterrupted operation or warrant that the software or any other materials offered are free of system errors. The Provider makes all reasonable efforts and takes reasonable measures to prevent service interruptions or deterioration in quality.

5.2.The Provider is not responsible for the quality of communication channels through which the Services are accessed.

5.3.The Customer assumes full responsibility and risks associated with using the Internet through the Services, including responsibility for assessing the accuracy, completeness and usefulness of opinions, ideas and other information, as well as the quality and properties of goods and services distributed online and provided to the Customer through the Services.

5.5.The Customer is fully responsible for keeping the password secure and for any losses resulting from its unauthorised use. If a login and password are stolen through the fault of third parties, the Customer must send the Provider an application to change the password, accompanied by the relevant payment document confirming payment for the Services. The Provider is not responsible for third-party actions resulting in the theft; the Customer must contact the relevant law-enforcement authorities to seek compensation for resulting losses.

5.6.The Provider is not responsible for notifying any third parties that the Customer has lost access to a service, or for consequences resulting from the absence of such notice.

5.7.The Provider shall not be a defendant or co-defendant in respect of any obligations or expenses arising from a breach of this Agreement by the Customer or other persons using the Customer’s username and password or obtaining access to edit the Customer’s information by hacking; from use of the Internet through the Services; or from the posting or transmission online of any message, information, software or other materials by the Customer or other persons using the Customer’s login and password.

5.8.The Provider is not responsible for the Customer’s late receipt of notices sent by email. An email is deemed received by the Customer on the date the Provider sends it.

5.9.The Provider is not responsible for the content or accuracy of information transmitted, received or placed by the Customer on the website, in domains or domain zones registered under this Agreement.

5.10.Under no circumstances is the Provider responsible for any infringement of third-party rights or legitimate interests resulting from delegation or use of domains or domain zones and/or placement of any information in the domain registration database, including information about the Customer, registrants and domain names.

6.1.The Provider considers Customer claims concerning the Services only when submitted in writing, including electronically. The period for considering a claim must not exceed fourteen (14) working days.

6.2.Claims against the Provider concerning the Services are considered subject to the Customer presenting relevant payment documents confirming payment for the Services.

6.3.To resolve technical matters arising through the Customer’s fault as a result of unlawful actions when using the Internet, the Provider may independently engage competent organisations as experts.

6.4.The parties shall settle through negotiations any disputes, disagreements or claims arising in relation to or in connection with this Agreement.

6.5.If the parties cannot reach agreement through negotiations, the disputed matters shall be resolved in court in accordance with the jurisdiction established by Ukrainian law.

7.1.The Agreement is deemed concluded and takes effect when payment for the Services is made in the amount and manner specified herein, except in the circumstances set out in clause 7.8.

7.2.The Agreement is concluded for an indefinite period and remains in force subject to the Customer paying for the Provider’s Services fully and on time.

7.3.The Provider may unilaterally amend this Agreement by notifying the Customer through publication on the website. Amendments take effect ten days after publication on the Provider’s website unless the Customer submits reasoned objections immediately after publication. In that case, amendments take effect after the parties resolve the disputed points.

7.4.If disputed points concerning amendments cannot be resolved, the Provider may withdraw from the Agreement and stop providing the Services.

7.5.The Customer may unilaterally discontinue the Provider’s Services at any time.

7.6.If this Agreement is terminated early at the Customer’s initiative, the balance in the Customer’s personal account is non-refundable. This applies to all services except the cases set out in clause 7.7. The Provider may offer the Customer other services for the remaining amount.

7.7.Refunds of funds received by the Provider are not available for virtual server, dedicated server or file storage rental, or purchases of licences, software and paid SSL certificates. Hosting orders may be refunded in full within the first thirty days from the service order date, provided a reasoned explanation for discontinuing the service is given and the Customer sends a request to the Provider’s email address.

7.8.The Agreement cannot be concluded:

a) with legal entities whose beneficial owners are residents of a state recognised by the Verkhovna Rada of Ukraine as an aggressor state;

b) with natural or legal persons subject to special economic or other restrictive measures (sanctions) under the Law of Ukraine “On Sanctions”;

c) with natural or legal persons of a state that has occupied part of Ukraine’s territory in any manner or commits aggression against Ukraine and is recognised by the Verkhovna Rada of Ukraine as an aggressor state or an occupying state.

7.9.If the Customer breaches or fails to comply with individual terms of this Agreement and its relevant appendices, the Provider may suspend the Services until the Customer remedies the identified breaches, or terminate this Agreement and permanently discontinue the Services if the breach is not remedied within a reasonable period or is material. Suspension for late payment is governed exclusively by Section 4 and is not a ground for termination under this clause.

8.1.To meet the requirements of the Law of Ukraine “On Personal Data Protection” No. 2297-VI of 1 June 2010, the Customer consents to the Provider processing the Customer’s personal data for the purposes and in the manner set out in this section. Where the Customer is a resident of an EU Member State, or processing concerns the personal data of EU residents, the General Data Protection Regulation (GDPR, Regulation (EU) 2016/679) additionally applies.

8.2.The Provider processes personal data through collection, systematisation, accumulation, storage, clarification (updating or amendment), use, dissemination, anonymisation, blocking and destruction. The purpose is to perform this Agreement and provide the services ordered by the Customer.

8.3.The Provider undertakes to process the Customer’s personal data in strict accordance with Ukrainian personal data protection legislation and, where applicable, GDPR requirements.

8.4.Through this consent, the Customer instructs the Provider, acting as Registrar, to publish the Customer’s personal data in the databases of relevant services with public Internet access, to the extent necessary for the operation of the services and domains.

8.5.The Customer’s personal data rights are set out in Article 8 of the Law of Ukraine “On Personal Data Protection”. Where applicable, the Customer also has rights under the GDPR, including access, rectification, restriction of processing and erasure.

8.6.Consent to personal data processing may be withdrawn by the Customer sending the Provider a corresponding instruction in simple written form. The Customer agrees that withdrawal may have the following consequences:

- refusal by the Provider to supply the services because they cannot be performed without the relevant data;

- deletion of the domain name if the Provider cannot maintain it without those data.