Hosting service contract

Host Services Agreement
CONTRACT № _____


Baku city /___/__________/_____ il

This Contract is concluded between “OUR Technology” LLC, hereinafter referred to as “the Provider” in the person of Executive Director Orkhan Guliyev, acting on the basis of Charter on one side and “____________”, hereinafter referred to as “the Customer” in the person of ___________, acting on the basis of Charter on the other side under the following conditions:


1. Subject of the Contract

1.1 The subject of this Contract consists of regulating the relations in regard to renting of Web-hosting, VPS/VDS and dedicated server to the Customer, designated for location of Provider’s Web-pages and Internet resources, as well as secured with uninterrupted power supply that is located in Provider’s technical facility equipped with special equipment in accordance with Appendix 1 to this Contract (Minute on Adjustment of Prices) which is an integral part of this Contract.

2. The cost of service and payment terms
2.1 The monthly fee for hosting the services provided under this Agreement shall be determined by the Minute on Adjustment of Prices, Annex 1 to this Agreement.
2.2 The service fee starts to be calculated from the date of approval of the results of tests conducted by the Customer in writing via email as positive. If such confirmation is not sent within 3 (three) days, the hosting service will be considered accepted by the Customer.
2.3 Download and upload ration of Internet traffic used for hosting services shall be 1:1. In case of corruption of this rate towards the increasing traffic, the fee will be calculated in accordance with the rates defined in Appendix 1 to the Contract.
2.4 Monthly service fees are paid in advance. Payment should be made within 10 (ten) days from the date of invoice submission.
2.5 The invoice sent by the Provider by e-mail is considered as equivalent of the original invoice in paper form and is a valid basis for the payment of the service fee.
2.6 Payments can be made in cash or in the currency specified in Appendix 1 to the Contract over the Online Payment System located in Provider's website.

3. Rights and Obligations of the Parties
3.1 Rights and obligations of the Customer:
3.1.1 Requires the qualitative hosting services in accordance with the terms of the Contract and Appendix 1
3.1.2 May note the provision of hosting services by OUR Technology LLC and the provision of technical support on its websites and promotional materials
3.1.3 Accepts the hosting service by signing the acceptance certificate.
3.1.4 Follows the instructions of the Provider's specialists and the rules for using the hosting service as specified by the Provider. The rule of use of hosting services is an integral part of this Contract, and failure to comply with these rules will be treated as a failure to comply with this Contract.
3.1.5 Shall use the hosting services provided by the Provider in accordance with the laws of the Republic of Azerbaijan and international law. It does not allow the disclosure of information that is contrary to the laws of the Republic of Azerbaijan and international law. It observes the rules of provision and receiving of communication services.
3.1.6 Doesn’t access to Provider's resources and other systems in unauthorized way that may be accessed through other Internet networks, does not prevent other service users from accessing Provider's resources and systems and does not restrict the access.
3.1.7 Does not distribute any information or software that contains viruses or components equivalent to viruses.
3.1.8 Doesn’t send commercial or other e-mails as agreed with the recipients of e-mails and other information. Does not order, send or offer SPAM (including advertising SPAM). If the fact of SPAM distribution is found on the server being used by the Customer, the Customer must cancel the SPAM resource within 6 hours. It doesn’t place PROXY, VPN, or tunnels. Connection of personal IRC, IRC daemons, IRC bouncers, IRC proxies to global IRC systems are prohibited. Bit-torrent / P2P activity of any kind is prohibited.
3.1.9 Does not act in contravention of the generally accepted norms of use of Internet resources or poses a threat to the integrity of the Provider's communication network.
3.1.10 Hosting service is used exclusively for its internal requirements and prevents third party from using it.
3.1.11 The Customer shall pay a penalty of 0.1% of the delay (up to 10% of the total invoice amount) for every 1 (one) day of delay in payment for the Services provided by the Provider.
3.1.12 Otherlike occurred and being contrary to the provisions of Clauses 3.1.2-3.1.11 of this Contract, the Provider shall not be liable for the termination of the hosting service and all additional costs incurred as a result of such violations shall be borne by the Customer. Payment for the period of termination of hosting service shall be paid by Customer.
3.1.13 The IP addresses allocated by the Provider to provide hosting services under the current Contract shall be returned by the Customer upon termination of the hosting service.
3.1.14 Shall promptly inform the Provider in case of cancellation of its activity or changing its address.
3.1.15 Secures signing, fixing the stamp onto the Monthly Service Acts sent by the Provider and return them within 10 (ten) business days. In the event that the invoice or the Act contains any conflicting information, the Customer shall contact the Provider within 7 (seven) working days in writing from the date of receipt of the said documents. The mentioned Invoice and the Act within shall be deemed to have been accepted by the Customer, provided that a written request was sent within the indicated period.
3.1.16 It independently secures the the security, modification of the Client-owned data to be hosted on the server (malfunctioning of the operating system, elimination of any possible software errors), licensing of any software for hosting services.

3.2 Rights and Obligations of the Operator:
3.2.1 Provides the hosting services within one (1) business day of the date of this Contract, based on the Acceptance Act.
3.2.2 Provides the uninterrupted provision of the services provided in Appendix A.
3.2.3 Provider may post the Customer name or domain name on its website and advertising materials.
3.2.4 The Service may temporarily be suspended in view of preventive measures by notifying the Client by e-mail 24 hours in advance.
3.2.5 Provides 1 IP Address for providing hosting services. The IP address remains in the Provider's property.
3.2.6 The Provider shall pay a penalty at the rate of 0.1% of the monthly usage fee of the hosting service for each day of default or delay in performance of any obligation under the Contract.
3.2.7 The Provider shall not be liable to the Customer in case of failure to use the hosting service due to failure of the equipment or communication problems without the Provider's fault due to malfunction of equipment not owned by the Provider.
3.2.8 The Provider shall not be liable for any costs (as well as the damage caused by the Customer to third persons) caused by the Client to the information posted by the Customer and in connection with the direct or indirect use of the hosting service.
3.2.9 Except for the cases of providing the information on the basis of written inquiries in an order established by the legislation of concerning governmental organizations of the Republic of Azerbaijan, it guarantees not to disclose the information to any 3rd party as a result of works performed by the Provider that is contained in hosting service to be submitted by the Provider.
3.2.10 Provides the necessary facilities for uninterrupted provision of hosting services in its technical area (moving of vicinity, power supply, protection of equipment).
3.2.11 Privider may place the content and materials belonging to the subscriber on one or more of its own server platforms, based on the settings of the tariff plan. Server platforms are distributed evenly with mirrors. Provayder reserves the right to place the subscriber on the platform that the host knows is acceptable.

4. Additional order
4.1 The volume and number of hosting services provided by the Provider may be increased in accordance with the Price Settlement Protocol upon the request of the Customer. In this case, the Minute on Adjustment of Prices shall be amended by the signatures of both parties.

5. Term and Termination of Contract
5.1 The Contract is valid for one (1) year from the date of its signing. The Contract shall be extended for the next one (1) year unless either of the Parties proposes to terminate the Contract 30 (thirty) days prior to the expiration of the Contract.
5.2 The Customer may decline the service by sending a 60-day notice to the Provider in advance, provided that all invoices are paid on time.
5.3 Any party may terminate the Contract immediately if any of the Parties breaches its obligations under the Contract and fails to comply with the notice given.
5.4 Termination of the Contract for any reason does not release the Parties from the performance of their obligations.

6. Procedure of dispute settlement
6.1 All disputes that may arise during the execution and cancellation of this Agreement shall be settled by negotiation between the parties.
6.2 If the disputes are not settled by negotiation, they shall be settled in court in accordance with the current legislation of the Republic of Azerbaijan.
6.3 Each party shall reimburse the damages in full caused to other party for failure to fulfill their obligations under this Agreement.

7. Confidentiality
7.1 All technical, financial, administrative and other information disclosed in connection with the execution of the Contract shall be considered confidential and shall be kept confidential by both the Provider and the Customer.
7.2 The dissemination of such information for any reason is the basis for bringing the disclosure party to responsibility. Any information may be disclosed only with the written consent of the Party being undergone a disclosure.

8. Force-Major
8.1 After conclusion of the Contract, the Parties are released from liability for failure to perform fully or improper or partial performance of their obligations hereunder and are out of their controlling in view of insuperable force or are incapable to assert any influence.
8.2 The force majeure circumstances are those which the Parties cannot assert influence and are not responsible for, for example, earthquakes, floods, fires, as well as strikes, government decisions, any military actions and terroristic acts that interferes with the implementation of this Contract.
8.3 A Party referring to force majeure circumistances shall immediately inform the other Party of occurence of such circumistances.
8.4 Each party shall have the right to terminate the Contract unilaterally if the default has been longer than six months.

9. Technical support
9.1 Technical support for the Customer is provided during 24 hours every day by electronic support or by email at support@ourhost.az.
9.2 The Provider shall put in place the necessary remedial measures to maintain the quality of the services provided, as well as to prevent interruptions and malfunctions.
9.3 The Customer shall promptly notify the Service Provider's service unit of the need for the service. The Provider registers the request of the Customer, identifies the cause of the malfunction and takes the necessary steps to eliminate it. The Provider shall also notify the Customer of the steps to be taken to remedy this failure upon Customer’s address (request).

10. Miscellaneous
10.1 All amendments and supplements to this Agreement shall be certified by the signatures and seals of both parties and shall be attached to this Contract in writing.
10.2 This Agreement shall be drawn up in two copies in Azerbaijani and shall have the same legal effect.
10.3 All documents, invoices, acts, information and correspondence transmitted by the Parties to each other via the following e-mail address and fax will be legally valid and authentic.

 
 

Props of the parties


"OUR Technology" LLC
IBAN: AZ82ACAB00210100000000399978
TAX ID: 1401165901
Post code: 239/43 A.Rajabli. Baku, Azerbaijan Republic.
Bank: AccessBank
Branch: 20 Yanvar
Code: 507309
C/A: AZ10NABZ01350100000000056944
TAX ID: 1400057421
S.W.I.F.T: ACABAZ22
"/............/" LLC.
IBAN: /........................../
TAX ID: /.........../
Post code: /................................................................/
Bank: /.............../
Branch: /........./
yeni2020 /......../
C/A: /.........................../
TAX ID:: /........../
S.W.I.F.T: /............/

Signature of the parties

"OUR Technology"
Chief Executive Officer

/_________________ / Guliyev O.I/
"Company" MMC
Director

/_________________ / First, Middle, Last name/
 
 
/__/________/____/ year Application 1 to the Agreement № __

TERMS AND CONDITIONS OF USING THE SERVICES OF THE PROVIDER


The Provider shall take all necessary measures to ensure that the Subscriber does not violate the following rules and legislation of the Republic of Azerbaijan (consciously or unintentionally). The operator or host provider of Internet telecommunication services and the Ministry of Transport, Communications and A complaint certified in the original text of a letter received by a third party licensed by the Ministry of High Technologies, as well as in violation of its legal rights, shall be considered as a ground for the investigation of the violation.

In case of violation, the Provider reserves the right to suspend the provision of services to the Subscriber. The Provider may refuse to provide the service without a thorough inspection and if it is impossible to eliminate the violation together with the Subscriber.


RULES

  1. Sending spam emails via e-mail is not only prohibited on the Provider's equipment, but is also restricted by other generally accepted terms and conditions on the Internet.
  2. It is forbidden to send passive spam referring to the provider's site, not through the provider's hardware.
  3. It is forbidden to violate the rights of third parties using the services of the provider. This also includes (but is not limited to)::
    • send personal information about third parties without your consent;
    • infringement of intellectual property rights
  4. It is forbidden to send any information (infected with viruses or malicious components) to third parties that may or may not be harmful.
  5. It is forbidden to violate the legislation of the Republic of Azerbaijan using the services of the provider. This includes (but is not limited to):
    • posting information that promotes drug distribution;
    • Attempts to gain unauthorized access to computer systems;
    • copyright / intellectual property infringement (piracy);
    • Distribution or placement or distribution of materials restricted by the current legislation of the Republic of Azerbaijan;
    • posting or disseminating information that promotes violence or extremism that causes racial, national or religious hatred;
    • processing of personal data of third parties without the consent of the subjects of personal data and in the absence of other grounds for their processing;
    • torrent tracker placement;
    • Posting of applications used in the background and programs of third parties running in the background without the prior consent of OUR Technology;
    • placement of online casinos to acquire securities;
    • placement of sites that are redirected to third-party resources;
    • posting pornographic material;
    • Deployment of applications used to obtain / earn cryptocurrencies;
    • Use of the Provider's services for illegal purposes, including violation of existing legislation.
  6. It is forbidden to scan third-party Internet elements using the provider's services.
  7. It is forbidden to enter a non-existent or fake email address when using the provider's equipment.
  8. It is forbidden to take any action aimed at disrupting the normal operation of the provider's equipment or other third party.
  9. Attempts to gain Internet access to the provider's personal resources, as well as any network resource, are prohibited.
  10. It is forbidden to exceed the limits set for dedicated server resources for the Web or VPS / VDS host. If the Subscriber exceeds the established limits on the use of system resources, which significantly impairs the quality of service provided to other customers. The Provider reserves the right to suspend the Subscriber's services.
  11. 10.1 The static load (CP) generated by the user on the server processors is prohibited for more than 1 day:
    • 100-350 CP between XS, S, M, L, XL virtual host tariffs;
    • 100 CP Silver web host tariff;
    • 100 CP Gold on web host tariff;
    • 100 CP Platoinum on web host tariff;
    10.2 MySQL (CP) server static loading is prohibited during the day as a result of a request sent by the user to the server processors:
    • 2500 - Silver, Gold, Platinum web host
    • 5000 - in XS, S, M, L and XL virtual host tariffs

    10.3 More than 60% of the processor processes of the provider server in 5 seconds, more than 10% in 25 seconds, as well as more than 60 seconds of processor time on the virtual host, and more than 300 seconds on VPS / VDS use is prohibited. If this limit is exceeded, the provider has the right to stop the processor.

    10.4 Provider equipment is subject to the following restrictions:
    • maximum number of processes required for a domain 30;
    • maximum number of open files corresponding to process number 32;
    • The maximum RAM usage on a web host is 1028 MB;
    • The maximum number of connections to a MySQL database server is 60;
    • maximum mail message size 50 MB;
    • Maximum file size transferred with POST request, 256MB;
    • The maximum number of emails via SMTP should not exceed 30 MB per minute, 1500 per hour, and the message size should not exceed 100 MB;
    • The maximum number of messages per minute using the php mail () function should not exceed 30, and the message size should not exceed 70 MB;
    • The maximum number of messages sent in case of non-payment by the Customer for the services of the Provider is limited to 30 messages per hour.
    • The number of mailboxes of the leasing user of a private (physical) server is unlimited;
    • The maximum size of mailboxes sent to the customer's account should not exceed twice the amount of disk space allocated according to the user's tariff plan;
    • The maximum size of the mailboxes of a user who leases a private (physical) server is unlimited;
    These restrictions may vary depending on the specific equipment the Provider provides to the customer, but may not be listed below.
  12. Provider reserves the right to refuse to provide services to the Subscriber in case of violation of the Subscriber's behavior, insult of the representatives of the Executing Party or use of non-normative lexicon.
  13. Subscriber must have a license, certificate or other documents to carry out works requiring certification and licensing in accordance with the legislation of the Republic of Azerbaijan. The Provider is not responsible for the use of the Subscriber's services without the required certificate or licenses.

Signature of the parties

"OUR Technology" LLC
Chief Executive Officer

/_________________ / Guliyev O.I/
"Company"
Director

/_________________ / First, Middle, Last name/