1. General points
1.1. This Agreement constitutes the PolusWeb.com public offer (hereinafter referred to as "Company").
1.2. Rent of dedicated server, VPS, shared hosting and other services offered on the site https://polusweb.com/, hereinafter referred to as the contract "Service".
1.3. Persons provided with the above "Service", hereinafter referred to as "Client".
1.4. Payment of ordered "Service", and other similar actions, confirming intentions of "Client" to use "Service" is a confirmation of that the “Client” knows and accepts the terms of this Agreement and the provisions of the agreement comply with the laws of the State in which the available type of service is provided.
2. Subject of the Agreement
2.1. In accordance with the provisions of this Agreement, "Company" should provide "Client" with the "Service" and "Client" should accept and pay for it with accordance to the terms defined in this Agreement, at current prices and rates listed on the web-site of the “Company”.
3. Cost of Services, the order of their providing and payment
3.1. "Service" is available only after the 100% payment of the chosen kind of "Service".
3.2. The cost of the "Service" provided by the “Company”, is an integral part of and is indicated on the website of the "Company":https://polusweb.com/.
3.3. Registration of the “Customer” and the order of the "Service" are carried out by the "Client" on web-site of the "Company": https://polusweb.com/. During the registration process, "Client" should indicate his current data, fill in all the required fields.
3.4. The main way of communication between the "Company" and the "Client" is a ticketing system on the web-site of the "Company".
3.5. Payment of the "Service" is provided by the "Client" individually in the "Billing", in an online-cabinet of the "Client". There may be occasions when you need money transfer to be done manually. Funds on the balance of the "Client" can only be used to pay subsequent invoices for purchased services.
3.6. For making the payment or enrollment in the manual mode, the "Client" should open a ticket in the category "Billing", agree with the support service manager time and terms of manual payment, as well as to specify details of the payment, needed to be enrolled in the manual mode.
3.7. The minimum term of the "Services" is 1 (one) calendar month.
3.7.1. Payment period for ordered by the “Client” "Service" should begins starts from 25 (twenty-fifth) day of each month. If the "Service" was provided to the "Client" in any other day of the month, "Client" should pay for the "Service" in the following order:
188.8.131.52. If the service is provided from the first (1st) to 26 (twenty-six) day of the month, "Client" should pay the cost of "Services" in the current period, in proportion to the number of remaining days of the month. (Example: The price of the "Service" is 90 euros, you order it in the 11 (eleventh) of June. You pay for the service for July fully, i.e. 60 euros for the remaining 20 days of the current month).
184.108.40.206.If the service is provided from 27 (Twenty-seventh) to 30-31 (thirty-thirty first) day of the month, "Client" pays the cost of "Services"at the rate of one full month of the "Service" (next month), plus the cost of the "Service" in the current period, in proportion to the number of remaining days of the month (Example: The price of the "Service" is 90 euros, you order it in the 28th of June. You pay for the service for July fully, i.e. 90 euros + 9 euros for the remaining three days of June. Total amount to be paid is 99 euros).
3.8. Invoices for the next month of using "Service" forme monthly 18 ( Eighteenth) day of each month.
3.9. In case of delay in payment of bills for provided "Services", beginning with the third (3rd) day of delay, the penalty is charged at the rate of 10% (ten percent) of the cost of the "Services".
3.9.1. "Service" is provided to the "Client" as long as the "Client" pays it in time.
3.9.2. In case, if by the expiry date of the billing period, "Client" has not paid the next period of "Service", the “Company” is no longer providing "Service".
3.10. After the "Services" are no longer provided (p. 3.9.2.), "Company" reserves the right to delete all data stored on the server / service of the "Client ", without backups.
3.11. Details and payment methods of "Service" are listed on the website of the “Company” (link). In order to comply with the rules and requirements of the payment system, the "Client" has the right to request copies of the required documents and "Company" should provide them upon the request the “Client”.
3.12. If "Client" wants to stop using the "Service", it is necessary for him to issue a cancellation request through his online-cabinet. Cancellation of the "Service" is made not later than in the 20th day of the current month.
3.13. "Company" has the right to change the cost of provided "Service" unilaterally, in the case of strong changes in exchange rates compared with the moment of the beginning of providing "Service".
4. Administrative and Technical Support
4.1. All the "Service" provided by the "Company" is provided on the basis of unmanaged (without administration) if a special agreement with the "Client" was not specified.
4.2. "Company" should provide "Client" with accesses to "Service":
- In the case of the provided dedicated server as the "Service" - is SSH access rights root;
- In case the VPS as the “Service" - is SSH access
- In the case of providing virtual hosting as the "Service" - a login and password to the account.
4.2.1. After the "Client" was first successfully connected to the "Service" all the duties of "Company" on the software/service Server Administration are deemed to be met fully. All further administration is to be undertaken by the "Client".
4.3. Besides the paragraph 4.2. , the "Client" can address the "Company" in the issues related to:
- Hardware problems ("Company" can request from the "Client" to provide the root access);
- Network problems at Data Center (not related to software settings);
- Reinstalling the OS without saving data;
4.4. The "Client" can order also the service to support his servers. This service can be "basic support" and "full support" of the server.
4.5. Basic support includes:
- OS - Linux Centos.
- Mandatory installation of the server control panel (is selected in the moment of the server ordering).
- Support on server administration and setting via ticket system.
- Installing and configuring the server or client software if the necessary documentation was provided
- Cleaning the server after hacking.
- Connecting to our monitoring system and inform the client in case of problems with the server.
Basic support does not include:
- Issues related to complaints (abuses).
- Solving problems at the DC (replacement of equipment, other network problems).
- Monitoring client servers.
4.6. Full support:
- Server with full support is fully supervised by our administrators.
- The client is not provided with the root access to the server, he gets access only to amend or adjustments needed for client projects.
- Support via the ticket system.
- All the necessary software, scripts are installed by our administrators according to the client’s technical requirements.
5. Responsibilities of the parties
5.1. If the fault to get a straight line was caused by the "Company", it is responsible for the fault of the “Client” to obtain the ordered “Service”. Liability of the “Company” should not exceed an amount equal to the value of “Service” not obtained by the "Client".
5.2. "Company" is not responsible for direct and / or indirect damage to the "Client", and does not reimburse to the "Client" damages (including lost of profits) suffered by him because of the use or non-use of resources and "Service" of the "Company" as well as for any losses being result of omissions, interruptions or delays in data transmission errors, defects, deletions, changes in the functions and other reasons.
5.3. "Company" assumes no financial responsibility to the "Client" and will not return to the "Client" funds paid under this Agreement, if the "Service" were not provided because of the fault of the "Client".
5.4. "Company" does not give guarantee an absolute uninterrupted or flawless "Service" and does not guarantee that the proposed software or any other materials do not contain system errors. “Company” should take all reasonable efforts and measures to prevent it.
5.5. "Company" is not responsible for the quality of public communication channels through which "Client" gets access to the “Service”.
5.6. "Company" is not responsible for the actions of third parties, which led to the theft of any information of the "Client".
5.7. “Company” is not responsible for violation of copyright, related rights and other rights of third parties by the "Client".
5.8. "Company" is not responsible for the content of "Client’s" information and information of the sites created and supported by the "Client" or its users, and does not perform any pre- inspection and censorship.
5.9. "Client" is absolutely responsible for the security of your password and other credentials, as well as for any losses that may arise from the "Client" and / or third parties due to unauthorized use (disclosure, loss, theft, etc.) of such credentials.
5.10. "Client" is responsible for any illegal actions and / or omissions of the "Client" and / or individuals using his credentials causing any harm to the “Company”, including loss of goodwill, and reimburses all the losses to the "Company". "Company" is not responsible for the actions of third parties, which caused harm to the "Client ".
5.11. Responsibility for the debts, credit history and the history of complaints from datacenters extends to all accounts of "Client" in the case if he has more than one account.
5.12. "Client" is responsible for any of his actions and / or omissions both intentional and unintentional; for any acts and / or omissions of persons using his credentials associated with the disposal and / or dissemination of information in the Internet, as well as obtaining resources through the use of "Company" access to the resources of third parties.
5.13. Payments made by the Customer to the account balance using anonymous services, as well as via e-currency exchange services and payments from partner programs cannot be returned under any conditions.
6. Use of Service
6.1. The content and software:
6.1.1. Permitted to establish a legal Adult / Porn content (for servers that are rented in Germany, where is mandatory to emphasize the age limit).
6.1.2. It is strictly forbidden:
- to publish content type of child pornography (Child Porn) in all manifestations, Zoo, Bestality, farm, provoking violence, gambling (gambling), xenophobia;
- any activity that can lead to blacklisted IP (SpamHaus, StopForumSpam, SpamCop, Blocklist, anti-virus databases, and any other blacklists);
- violation of the laws of the country in which your server / VPS is located
- Users of virtual hosting prohibited create load on the server for more than 10% over a period of more than 10 minutes, deliberately exceed their quota disk, modify the constraints imposed on the functioning of the script.
- Any other activity that might be cause of material damage or damage a company's reputation
6.2. Other provisions:
6.2.1. Users of virtual hosting prohibited create load on the server for more than 10% over a period of more than 10 minutes, deliberately exceed their quota disk, modify the constraints imposed on the functioning of the script.
6.2.2. Users of VPN services are prohibited from using network robots and other specialized programs; internet use illegal methods, as well as shifting to the "Company" responsibility for damage of any kind suffered by the "Client" or third parties during the use of "Services"; create a parasitic load on the software, middle parts of the network in volumes greater than necessary for normal operation of the server and the availability of their individual elements.
6.2.3. The password can be recovered on condition that "Client" has specified in the contact data of his account a valid e-mail address. "Company" can recover the password only if the "Client" provides documents and evidence identifying the "Client", and the information specified in the documents submitted, the data entered during the registration process. Otherwise, the password of the "Client" to access personal account can't be recovered by the "Company".
6.2.4. "Company" reserves the right to request verification of account of the "Client" and to this end the submission of the following documents:
6.2.5. For unlimited tariffs of virtual hosting, we don't establish limits for disk space or bandwidth, but we reserve the right to suspend any account if that create a loadings interfering the normal operation of our hosting services.
- Full-colored scanned copies of two documents with photographs, identity cards issued by public authorities (passport, international passport, military ID, driver's license, etc.);
- Full-colored scanned copies of utility bills;
- Mobile phone number from the same location as a utility bill, to which the verification code will be sent to complete the account.
6.3. "Company" is entitled to suspend or terminate the "Service" fully or partly in case of violation of these rules, as well as transfer data available to law enforcement.
6.5. The use of services such as CDN (Content Delivery Network) and Streaming media services on servers with Traffic- com in 100TB and 250TB is prohibited.
7. Term of Agreement and Termination
7.1. Agreement enters into force from the moment the "Client’s" first payment for "Service".
7.2. Termination of the Agreement occurs when the use of "Service" by the “Client” provided by the "Company" is terminated or because of default of this Agreement. If termination of this Agreement was initiated by the "Client", payment paid for the "Service" will not be refunded, in the case of the faithful execution of the "Company" conditions stipulated herein.
EUROPA ENTERPRISE L.P.
151 Wester Common Road
Glasgow, G22 5NQ