Public Offer

Agreement on the provision of hosting services. Version dated [LANDING_DOCS_DATE].

This document is an official proposal (a public offer) by the sole proprietor [LANDING_SELLER_NAME] (hereinafter the “Provider”) to enter into an agreement on the provision of hosting services, on the terms set out below, with any individual with legal capacity, sole proprietor or legal entity (hereinafter the “Customer”).

1. General provisions

1.1. The Agreement is a public contract and a contract of adhesion under Articles 633, 634, 641 and 642 of the Civil Code of Ukraine and is concluded in electronic form in accordance with the Law of Ukraine “On Electronic Commerce”.

1.2. Any of the following actions by the Customer constitutes acceptance of the offer, that is, full and unconditional agreement to its terms: registering an Account, topping up the Balance, ordering a Service or paying for a Service.

1.3. The Agreement is deemed concluded at the moment of acceptance. The Agreement, concluded by acceptance of the offer, has the same legal force as an agreement concluded in writing and signed by the parties.

1.4. The Privacy Policy, the Cookie Policy and the Acceptable Use Policy, published on the Site, are integral parts of the Agreement.

1.5. The current version of the offer is permanently available at https://cs2bfp.net/en/offer.

2. Definitions

• Site — the Provider's website at https://cs2bfp.net.
• Control Panel — the web application at https://panel.cs2bfp.net through which the Customer orders and manages the Services.
• Account — the Customer's record in the Control Panel, which gives access to the Services.
• Project — an isolated container allocated to the Customer, with the computing resources defined by the Plan (processor time, memory, disk space), in which the Customer hosts their websites, applications and data.
• Services — hosting services: making a Project available for use, together with the related features of the Control Panel (domain names and certificates, databases, backups, file access and so on).
• Plan — the set of characteristics and the price of a Service for a Billing Period, as published on the Site and in the Control Panel.
• Billing Period — one month from the date of payment for the Plan.
• Balance — the record of the Customer's funds in the Control Panel, from which the Services are paid for.
• Bonus Funds — notional units credited by the Provider under promotions, promo codes or the referral programme; they are not money.
• Content — any data that the Customer places in a Project or transmits by means of it.

3. Subject of the agreement

3.1. The Provider undertakes to provide the Services to the Customer in accordance with the chosen Plan, and the Customer undertakes to pay for them and to comply with the terms of the Agreement.

3.2. The list of Plans, their characteristics and their prices are published on the Site and in the Control Panel and are those in effect at the time of the order.

3.3. The Provider supplies computing resources and the means of managing them. The Customer is responsible for the operation of the software hosted in a Project and for the Content.

4. Registration and account

4.1. To use the Services, the Customer creates an Account and provides accurate information, including a valid email address.

4.2. A Customer who is an individual confirms that they have reached the age of 18 and have full civil legal capacity.

4.3. The Customer is responsible for keeping the credentials (password, passkeys, two-factor authentication codes) safe and for all actions performed using the Customer's Account. The Customer shall notify the Provider of any unauthorised access immediately.

4.4. The Provider's notices are sent to the email address of the Account and/or to the Control Panel and are deemed received on the day they are sent.

5. Price of services and payment

5.1. Prices are set in the national currency of Ukraine (the hryvnia), without VAT: the Provider is a single tax payer of group 3 and is not a payer of value added tax.

5.2. The Services are provided on a prepayment basis. The Customer tops up the Balance by a method available in the Control Panel; when a Service is ordered and at the start of each subsequent Billing Period, the price of the Plan is debited from the Balance.

5.3. The obligation to pay is deemed fulfilled at the moment the funds are credited to the Provider's account and shown on the Balance. The fees of banks and payment systems are borne by the Customer unless stated otherwise at the time of payment.

5.4. Automatic renewal of a Service is enabled by default; the Customer may disable it in the Control Panel at any time.

5.5. Bonus Funds may be used only to pay for the Services; they are not refundable, cannot be exchanged for money and cannot be transferred to other persons.

5.6. The Provider may change prices by giving notice on the Site and/or in the Control Panel no later than 10 calendar days before the changes take effect. The new price applies from the next Billing Period; a period already paid for is not recalculated.

5.7. A Service is deemed to have been provided properly and in full unless the Customer sends the Provider a reasoned claim within 5 calendar days after the end of the Billing Period. Certificates of services rendered for legal entities and sole proprietors are issued on request.

6. Provision of services

6.1. A Service is activated after the Plan has been paid for.

6.2. If the funds on the Balance are insufficient at the start of a new Billing Period, the provision of the Service is suspended: the Project is stopped and its data is kept for 7 calendar days. If the Service is not paid for within that time, the Project and all its data, including backups, are deleted and cannot be recovered.

6.3. The Provider sends reminders of the end of the paid period, of the suspension and of the forthcoming deletion of data to the Customer's email address and/or to the Control Panel. Failure to receive a reminder does not release the Customer from the consequences of non-payment.

6.4. The Provider may carry out scheduled maintenance that may interrupt the provision of the Services and gives advance notice of it where possible. Emergency work is carried out without prior notice.

6.5. Technical support is provided through the ticket system in the Control Panel and by email at [LANDING_SUPPORT_EMAIL]. Support covers the operation of the Services and does not extend to developing, debugging or administering the Customer's software.

6.6. Backups. The Control Panel provides tools for creating backups of a Project on a schedule and manually. Backups are stored within the Project's disk space or in storage connected by the Customer. The Provider does not guarantee that backups exist or are usable; the Customer alone is responsible for the safety of their own data and shall keep copies of it outside the Project.

7. Rights and obligations of the Provider

7.1. The Provider shall:

• provide the Services in accordance with the Plan;
• take reasonable measures to ensure the uninterrupted operation of the Services and the protection of the Customer's data;
• keep the Customer's information confidential;
• inform the Customer of changes to the terms on which the Services are provided.

7.2. The Provider may:

• suspend or restrict the provision of the Services in the cases provided for by the Agreement and the Acceptable Use Policy;
• engage third parties (data centres, payment services, network service providers) without the Customer's consent, while remaining liable to the Customer;
• change the technical characteristics of the infrastructure, provided that this does not worsen the terms of the Plan;
• require the Customer to confirm the information the Customer has provided.

7.3. The Provider does not pre-screen the Content and is not obliged to check its lawfulness.

8. Rights and obligations of the Customer

8.1. The Customer may use the Services within the limits of the Plan, change the Plan on the terms available in the Control Panel, receive technical support and cancel the Services as provided in section 11.

8.2. The Customer shall:

• pay for the Services on time;
• comply with the legislation of Ukraine and the Acceptable Use Policy;
• not host Content or take actions that infringe the rights of third parties;
• keep their contact details up to date;
• ensure the security of their own software and credentials themselves.

8.3. The Customer is prohibited from hosting in a Project, or distributing by means of it, objects of copyright and related rights without the permission of the rightholders.

8.4. A Customer who is the owner of a website shall make accurate information about themselves freely available on that website — full name or business name, place of residence or location, and contact details, including an email address and a telephone number — in the cases and in the manner provided for by the Law of Ukraine “On Copyright and Related Rights”.

8.5. The Customer grants the Provider the right to store and process the Content solely to the extent necessary to provide the Services.

9. Copyright infringement notices

9.1. The Provider considers notices requesting the cessation of infringements of copyright and/or related rights committed using the internet in the manner and within the time limits established by the Law of Ukraine “On Copyright and Related Rights”.

9.2. Notices are to be sent to [LANDING_SUPPORT_EMAIL]. On receiving a notice drawn up in accordance with the law, the Provider forwards it to the Customer and, if the Customer fails to take appropriate measures within the time limit established by law, disables access to the Content concerned.

9.3. The Customer shall compensate the Provider for losses caused by third-party claims concerning the Customer's Content.

10. Liability of the parties

10.1. The parties are liable for non-performance or improper performance of the Agreement in accordance with the legislation of Ukraine and the terms of the Agreement.

10.2. As a provider of intermediary services in the information sphere, the Provider is not liable for the substance of the Content or for harm caused by its hosting or distribution, under the conditions laid down by the Law of Ukraine “On Electronic Commerce”.

10.3. The Provider is not liable for:

• interruptions in the operation of the Services caused by acts or omissions of the Customer or third parties, or by failures of communication networks and power supply beyond the Provider's control;
• loss of data resulting from the Customer's actions, errors in the Customer's software or unauthorised access using the Customer's credentials;
• incompatibility of the Services with the Customer's software;
• lost profit and indirect losses.

10.4. The Provider's aggregate liability under the Agreement is limited to the amount paid by the Customer for the Service to which the breach relates, for the Billing Period in which the breach occurred.

10.5. If a Service has been unavailable for more than 24 consecutive hours through the Provider's fault, the Provider shall, at the Customer's request, extend the paid period by the duration of the downtime.

10.6. The provisions of this section do not limit the rights of consumers that, under consumer protection legislation, cannot be limited by contract.

11. Cancellation of services and refunds

11.1. The Customer may cancel the Services at any time by deleting the Projects or by contacting the Provider.

11.2. The remainder of the monetary funds on the Balance that has not been used to pay for the Services is refunded at the Customer's request — a ticket in the Control Panel or an email sent from the email address of the Account — within 10 calendar days, by the same method by which the payment was made, less the fees of payment systems.

11.3. Funds debited for a Billing Period that has already begun are not refunded, except where the Service was not provided through the Provider's fault or where a refund is required by law.

11.4. A Customer who is a consumer and has concluded the Agreement at a distance has the right to withdraw from it within 14 days in accordance with consumer protection legislation. By ordering a Service, the Customer agrees that its provision begins before that period expires; in the event of withdrawal, the cost of the Services actually provided is not refunded.

11.5. Bonus Funds are not refundable.

12. Term, amendment and termination of the agreement

12.1. The Agreement takes effect at the moment of acceptance and remains in force for an indefinite period.

12.2. The Provider may amend the terms of the Agreement by publishing a new version on the Site no later than 10 calendar days before it takes effect. Continued use of the Services after that date means consent to the new version; a Customer who does not agree shall stop using the Services and may request a refund of the unused remainder of the funds.

12.3. The Provider may unilaterally terminate the Agreement or suspend the provision of the Services:

• immediately — if the Customer breaches the Acceptable Use Policy or the law, or at the demand of authorised state bodies;
• with at least 30 calendar days' notice — in other cases, with a refund of the unused remainder of the monetary funds.

12.4. After the Agreement ends, the Customer's data is deleted; the Customer shall save any data they need in advance.

13. Personal data

13.1. The Provider processes the Customer's personal data in accordance with the Law of Ukraine “On Personal Data Protection” and the Privacy Policy.

13.2. By accepting the offer, the Customer confirms that they have read the Privacy Policy and have been informed of their rights as a personal data subject, the purpose of the processing and the persons to whom the data is transferred.

13.3. The Customer is the data controller of the personal data of third parties that the Customer processes in their Projects; the Provider merely provides the technical means for storing it.

14. Force majeure

14.1. The parties are released from liability for failure to perform their obligations where it is caused by force majeure: military hostilities, acts of terrorism, natural disasters, fires, failures of power systems and communication networks, large-scale cyberattacks, decisions of state authorities and the like.

14.2. A party affected by such circumstances shall notify the other party within a reasonable time. The existence of the circumstances is confirmed in the manner established by the legislation of Ukraine.

15. Dispute resolution

15.1. Disputes are resolved through negotiation. A party shall consider a claim within 30 calendar days of receiving it.

15.2. If no agreement is reached, the dispute is heard by a court in accordance with the legislation of Ukraine.

15.3. The relations between the parties are governed by the law of Ukraine.

16. Final provisions

16.1. The parties recognise the legal force of notices sent by email to the addresses stated in the Account and in this Agreement, and through the Control Panel.

16.2. The Agreement is drawn up in Ukrainian. Translations into other languages are provided for convenience; in the event of discrepancies, the Ukrainian version prevails.

16.3. The invalidity of any individual provision of the Agreement does not entail the invalidity of its other provisions.

16.4. The Customer may not transfer their rights and obligations under the Agreement to third parties without the Provider's consent.

17. Details of the Provider

Provider

Sole proprietor [LANDING_SELLER_NAME]

Taxpayer registration number (RNOKPP)

[LANDING_SELLER_TAX_ID]

Email

[LANDING_SUPPORT_EMAIL]