Public Service Agreement (Offer)

This document sets out the principal terms governing the ordering, payment, provision, use, renewal, suspension and termination of WEB IT Cloud Services. By placing an order, making a payment or using an activated Service after being given an opportunity to review this Agreement, the Customer agrees to be bound by its terms.

1. General Provisions

This Public Service Agreement (the “Agreement”) constitutes an official public offer by WEB IT LLC, operating under the trade name WEB IT Cloud (the “Provider”), to enter into an agreement for the provision of digital, information-based electronic and related services on the terms set out below.

A Customer may be a legally capable individual, an individual entrepreneur or a legal entity that orders, pays for or uses WEB IT Cloud Services.

Where the Customer is an individual ordering Services for purposes unrelated to business or professional activities, mandatory consumer protection rules shall apply to the relevant relationship.

This Agreement applies together with the Acceptable Use Policy (AUP), Privacy Policy, Domain Name Registration and Management Rules, Complaint Handling and Copyright Protection Procedure, as well as the terms of the relevant Service Plan or Order.

2. Key Definitions

• Account — the Customer's personalised account in the WEB IT Cloud billing or management system.
• Service — shared hosting, VPS/VDS, dedicated server, domain name registration or renewal, IP address, SSL, backup, administration or another service available for ordering.
• Service Plan — a set of technical specifications, resources, price, term and other parameters applicable to a Service.
• Order — a request created by the Customer for a specific Service, including its selected parameters and price.
• Content — files, databases, source code, messages, images, backups and any other data placed, stored, transmitted or processed by the Customer through the Services.
• Billing Period — the paid period during which the relevant Service is provided.

3. Acceptance of the Agreement

This Agreement is concluded electronically.

Acceptance of this Agreement occurs when the Customer performs one or more actions that clearly demonstrate an intention to receive Services under this Agreement, including:

• registering an Account and confirming acceptance of the terms when placing an Order;
• paying an Order or invoice;
• actually using an activated Service after being given an opportunity to review this Agreement.

From the moment of acceptance, this Agreement becomes legally binding upon both the Customer and the Provider.

4. Subject Matter of the Agreement

The Provider undertakes to provide the selected and paid Service in accordance with the specifications of the Service Plan and Order, and the Customer undertakes to accept the Service, pay for it on time and comply with this Agreement.

The list of available resources, technical parameters, limits, location, billing period, price and other material characteristics of a particular Service are specified on the relevant Service Plan page and/or during the ordering process.

Where a specific parameter is not expressly identified as guaranteed, it shall be treated as a technical or informational characteristic of the Service rather than an unconditional guarantee of absolute uninterrupted availability.

5. Registration and Account

When registering and placing an Order, the Customer must provide accurate, complete and up-to-date information and update it promptly if it changes.

The Customer is responsible for safeguarding passwords, API keys, two-factor authentication codes and other Account access credentials.

Actions performed through a properly authenticated Account shall be deemed to have been performed by the Customer or a person authorised by the Customer until WEB IT Cloud is notified that the Account credentials have been compromised.

For fraud prevention, domain registration requirements, sanctions compliance, resolution of disputed transactions or compliance with a lawful request from a competent authority, WEB IT Cloud may request additional verification of identity, company details, contact information or authority to perform the relevant action.

6. Ordering and Service Activation

A Service is activated after payment has been confirmed and any required automated or manual checks have been completed.

Shared hosting and standard VPS/VDS Services are generally activated automatically after payment confirmation.

Activation of a dedicated server, non-standard configuration, additional hardware or another Service requiring manual preparation shall take place within the timeframe indicated when the Order is placed or communicated to the Customer after the Order is created.

Domain name registration is deemed completed once the relevant information has been successfully entered into the applicable domain registry. Availability of a domain name is not guaranteed until registration has actually been completed.

7. Pricing, Payments and Billing

Current Service prices are displayed on the website, in the billing system or directly in the Order before payment is made.

A price confirmed and paid by the Customer applies to the relevant paid Billing Period unless a mandatory change in taxes, fees or other legal requirements provides otherwise.

A payment is considered completed after funds have been credited or WEB IT Cloud has received confirmation of successful payment from an authorised payment provider.

WEB IT Cloud does not store full payment card details where payment is processed by an external payment provider.

Bank or payment system fees charged separately to the payer are paid by the Customer unless otherwise expressly stated during checkout.

8. Changes to Service Prices

WEB IT Cloud may change Service prices for future Billing Periods due to changes in costs, currency conditions, hardware prices, data centre charges, licence fees, IP address costs, domain registry prices, taxes or other economic and technical factors.

A change in the standard price does not alter the price of a Service period that has already been paid.

The new price applies to the next renewal unless applicable law expressly requires otherwise.

9. Automatic Renewal

Where automatic renewal is available for a particular Service, it is used only if the feature has been enabled by the Customer or the Customer has agreed to it during the ordering process.

The Customer may disable automatic renewal before funds are actually charged for the next period.

A failed automatic charge does not constitute automatic renewal of the Service and does not relieve the Customer from the responsibility to monitor the Service expiration date.

Domain names should be renewed in advance, as the rules and periods for restoring an expired domain depend on the relevant registry.

10. Shared Hosting Terms

Shared hosting resources are used by multiple Customers. The Customer must use such resources in good faith and must not create loads that materially impair the operation of the server or the Services of other customers.

Describing a resource as “unlimited” does not mean that physical limits of hardware and network infrastructure do not exist.

In the event of abnormal or sustained excessive resource usage, WEB IT Cloud may notify the Customer, recommend optimisation or migration to another Service Plan and, where the stability of the infrastructure is directly threatened, temporarily limit consumption of the relevant resource.

11. VPS/VDS Terms

Unless otherwise expressly stated in the Service Plan, VPS/VDS is provided as an unmanaged Service.

The Customer is independently responsible for installation, configuration, updates and security of the operating system, web server, databases, software, user accounts, firewall and other components within the VPS/VDS.

WEB IT Cloud technical support is responsible for the operability of the virtualisation infrastructure, network connectivity and functionality expressly included in the purchased Service Plan.

12. Dedicated Server Terms

A dedicated server is provided according to the configuration specified in the Order.

Unless the Service is designated as managed, the Customer is independently responsible for the operating system, software, configuration, updates, administration and security of the server.

In the event of a hardware failure, WEB IT Cloud or the relevant infrastructure provider will perform diagnostics and, where the failure is confirmed, replace the defective component or hardware within a technically reasonable period.

Hardware replacement does not automatically include restoration of Customer data unless a separate backup Service has been ordered and expressly includes such restoration.

13. Domain Names

Registration, renewal, transfer, restoration and other domain name operations are additionally governed by the WEB IT Cloud Domain Name Registration and Management Rules and by the rules of the relevant domain registry.

WEB IT Cloud cannot guarantee registration of a domain name until the relevant registry has confirmed the operation.

The Customer is responsible for the accuracy of domain registration data, keeping such data up to date and renewing the domain name in a timely manner.

14. Backups

Where backups are expressly included in a Service Plan, WEB IT Cloud performs backups according to the parameters of that Service Plan.

Availability of backups maintained by WEB IT Cloud does not relieve the Customer from the responsibility to maintain independent, current copies of critical data.

Where backup is not included in the Service Plan, WEB IT Cloud does not guarantee the availability of a backup copy suitable for restoration.

15. Service Expiration and Data Retention

16. Acceptable Use and Content

The Customer may use the Services only for lawful purposes and in accordance with the Acceptable Use Policy (AUP).

The Customer is solely responsible for Content placed, stored, processed or transmitted through the Services and for having the necessary rights and permissions to use such Content.

WEB IT Cloud does not conduct general prior monitoring of all Customer Content.

Specific reports of violations are handled in accordance with this Agreement, the AUP and the Complaint Handling and Copyright Protection Procedure.

17. Suspension of Services

WEB IT Cloud may temporarily suspend or restrict a Service, in whole or in part, in the event of:

• expiration of the paid period or non-payment;
• breach of the AUP or this Agreement;
• an active DDoS attack or another infrastructure threat;
• detected phishing, malware, botnet activity, spam or compromise;
• materially excessive use of resources;
• urgent maintenance or emergency technical work;
• receipt of a valid lawful request from a competent authority;
• other circumstances where continued operation creates an immediate threat to WEB IT Cloud, the Customer or third parties.

Where the nature of the violation permits, WEB IT Cloud will notify the Customer and provide a reasonable period to remedy the issue.

Immediate restriction is permitted in cases involving an active attack, phishing, malicious software, apparent fraud, security threats, child sexual abuse material, a lawful request from a competent authority or another urgent risk.

18. Cancellation and Automatic Renewal

The Customer may disable future automatic renewal of a Service at any time through the Account or by contacting support.

Disabling automatic renewal does not terminate a period that has already been paid. The Service remains active until that period ends unless the Customer separately requests early termination.

Early termination does not automatically create a right to a refund, except where such a right is provided by this Agreement or mandatory law.

19. Refunds

The voluntary 30-day guarantee applies only to the Customer's first order of the relevant Service type and does not apply to:

• domain name registration, renewal, transfer or restoration;
• dedicated servers and individually ordered hardware;
• IP addresses;
• paid SSL certificates and third-party licences;
• administration, migration and other one-time Services already performed;
• custom or specially agreed Orders.

Where domain registration, a licence or another non-refundable third-party Service was included in an Order as a separately charged item, the cost of the Service already performed is not refundable unless mandatory law requires otherwise.

The voluntary WEB IT Cloud guarantee does not limit any mandatory consumer rights.

Where a consumer has a statutory right to withdraw, receive a proportionate price reduction or obtain a refund due to failure to provide or non-conformity of a digital Service, the relevant request will be handled in accordance with the procedures and deadlines established by applicable law.

Refunds made under mandatory consumer rights are processed using the same payment method unless otherwise agreed with the Customer and permitted by applicable law.

20. Rights and Obligations of WEB IT Cloud

WEB IT Cloud undertakes to:

• provide paid Services in accordance with the Service Plan and Order;
• maintain the operability of the infrastructure within reasonable technical capabilities;
• apply organisational and technical security measures;
• provide a means of contacting support through available channels;
• process personal data in accordance with the Privacy Policy.

WEB IT Cloud has the right to:

• perform scheduled and emergency maintenance;
• update and modify technical infrastructure without materially reducing paid functionality;
• apply technical measures to counter attacks and abuse;
• restrict Services in the cases provided by this Agreement;
• change Service Plans and terms for future Billing Periods.

21. Rights and Obligations of the Customer

The Customer must:

• pay for Services on time;
• comply with this Agreement and the AUP;
• ensure that its Content is lawful;
• keep contact information up to date;
• secure the Account and its own software;
• maintain independent backups of critical data;
• not use the Services for attacks, phishing, malware, spam, fraud or other unlawful activity.

The Customer has the right to use the Services within the purchased Service Plan, contact support, obtain information about Orders and exercise other rights provided by this Agreement and applicable law.

22. Maintenance and Availability

WEB IT Cloud takes reasonable technical measures to maintain stable and continuous operation of its infrastructure, but absolute uninterrupted operation of information systems, the Internet and third-party infrastructure cannot technically be guaranteed.

Temporary interruptions may result from scheduled maintenance, emergency work, updates, DDoS attacks, power or connectivity failures, actions of data centres, upstream providers or other technical circumstances.

Where reasonably possible, WEB IT Cloud gives advance notice of scheduled maintenance that may materially affect Service availability.

23. Liability

The parties are liable for failure to perform or improper performance of their obligations in the cases and within the limits established by this Agreement and applicable law.

WEB IT Cloud is not liable for loss or corruption of data caused by the Customer's actions, errors or vulnerabilities in Customer software, disclosure or compromise of access credentials attributable to the Customer, or actions of third parties beyond the reasonable control of WEB IT Cloud, unless mandatory law provides otherwise.

WEB IT Cloud is not responsible for consequences arising from the Customer's failure to renew a domain name on time where WEB IT Cloud has properly provided the opportunity to renew it.

Nothing in this Agreement excludes or limits liability where such exclusion or limitation is prohibited by applicable law.

24. Force Majeure

A party is released from liability for failure or improper performance where such failure directly results from extraordinary and unavoidable circumstances that the party could not objectively foresee or overcome.

The mere existence of martial law, hostilities, power outages or another emergency does not automatically release a party from all obligations. There must be a causal connection between the relevant circumstance and the inability to perform the specific obligation.

25. Changes to the Agreement

WEB IT Cloud may update this Agreement due to changes in applicable law, technology, infrastructure, products, third-party supplier terms or business processes.

The current version of the Agreement is published on the website together with its effective date.

Material changes that worsen the Customer's position for future Billing Periods may additionally be communicated through the Account or by email.

The version in force at the time of payment applies to a period already paid for, unless mandatory changes in law require otherwise or the parties expressly agree otherwise.

26. Communications and Notices

Notices relating to the Services may be sent through the Account, support system or to the email address provided by the Customer.

The Customer must keep its contact email address current and regularly review Service-related notices.

The Provider's official email address for legally significant communications is: legal@web-it.cloud.

27. Dispute Resolution

The parties seek to resolve disputes through negotiations, correspondence and exchange of relevant information.

The Customer may submit a reasoned claim through the available WEB IT Cloud communication channels.

Where a dispute cannot be resolved through negotiation, it shall be resolved in accordance with applicable rules of jurisdiction and other mandatory provisions of law.

28. Applicable Law

This Agreement is governed by the laws of Ukraine.

Where mandatory provisions of another jurisdiction apply to a particular consumer relationship and cannot lawfully be excluded by agreement, such provisions apply to the extent required.

29. Provider Details