MASTER SERVICE AGREEMENT

(hereinafter the “Agreement”)

Effective 28.10.2024

is entered by and between

COMPANY (or “We”), which means and includes Our successors, assigns, partners and affiliates), and

YOU, personally or the person or entity on whose behalf You legally act (hereinafter referred to as “You”),

by registering an Account, ordering or using Services, paying for Services, using Our Website , You acknowledge the obligation to comply with the Agreement, as follows:

USERS

By registering on Website or ordering, using, or paying for Services, You confirm that You have reached the age of 18, or it is legally established that You have the right to accept the terms and comply with the Agreement and deposit payments.

If You are entering into this Agreement on behalf of a corporate entity, You represent and warrant that You have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "You", "Your" shall refer to such corporate entity. If Company finds that You do not have the legal authority to bind such a corporate entity, You will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations.

If the above conditions are not proper, do not register on Website Or do not use Services. Otherwise, Company is not responsible for any adverse consequences.

If You act on behalf of another person, company, or organization, You warrant that You are an authorized representative of such person, company, or organization to use Website and Services.

In the context of the Agreement, the term “User” also means clients, end users, and persons who use Your services, content and resources in any form.

You also confirm that You have the necessary rights, permissions, and powers to share with Company all information necessary to provide Services.

Suppose Company becomes aware that You do not have the rights, permissions, or authority to act on behalf of another person, company or organization. In that case, You will be personally liable, including payment of penalties, damages, and liabilities provided for in the Agreement and applicable law.

INFORMATION, ACCOUNTS

In order to access Services You shall register for an account (hereinafter “Account”).

Both at the registration stage and during the use of Services You shall be required to provide Company with

• accurate, complete and up-to-date information about Your name, postal and email address, contacts, payment details, etc.; and
• authentic documentations as requested; and
• optional information about Yourself on a voluntary basis following the registration forms.

The usage of fictitious, fake, invalid information, documents,  or contacts is forbidden. You shall maintain the relevance, completeness, accuracy of information and documents, validity of contacts (all updates shall be provided to Company without unreasonable delays).

You warrant that You will provide information updating data about Yourself, your company, your organization (if applicable) to the Company, and maintain such information’s relevance, completeness, and accuracy. Updates are to be provided in the shortest time possible, but no later than 96 hours from the updated date.

If Company, at its sole discretion, has reason to believe that accounts (or domains associated with such an account) contain false (incomplete, incorrect) information, such accounts (domains) may be blocked. Company may resume Service provision in cases if reliable (complete and correct) information about the owner of the account/domain names shall be provided.

Company reserves the right to send requests for information or documents related to investigations by law enforcement. You shall provide comprehensive responses and comply with the requirements specified within 72 hours (or within 24 hours concerning urgent issues).

Company may proceed and store Account information, relevant documents and all the information related to Your Services, abuse and complaint details, relations with Company within the validity period of the Agreement and not less than 10 years upon its termination.

If Company has any reason to consider that Your Account contains incomplete, incorrect information, invalid contacts or false documents, or You do not provide Company with updates upon Company’s requests, including KYC requests, Accounts and Services may be suspended until reliable information, authentic documents or valid contacts are provided.

Company shall not be liable for any losses resulting from any unauthorized use of Account, You shall indemnify Company and hold Company harmless for any such unauthorized use. You shall protect passwords, Account identifiers, payment details and other information connected with Account. Company shall not be responsible for losses or claims for any unintentional disclosure of such data which may result thereby. You shall notify Company of any unauthorized or suspicious use of Account or any other breach of security.

The Whois Protect service serves to hide the actual data of the domain name owner to protect the owner from unwanted mailing lists, calls, and other forms of advertising carried out against the will of the domain name owner. However, You agree not to use Whois Protect as a front for the activity that violates the Agreement or applicable law.

It is therefore very important that you keep your account information current. Company assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.

TERMS OF USE

You are fully legally responsible for all actions that will be legally or illegally carried out using (whether authorized by You or not) Your account, domains by You or third parties.

Our legal relations with You concerns domain names registration only. 

Company grants You permission to use Services, which purchased pursuant to the details posted on Website, Company’s web-platforms, applications, online complex tech-for-tech products and available in Account. Company does not initiate Your Content transmission, does not select the receiver of the transmission; and does not select or modify the information contained in the transmission; does not download, modify, edit or control Your Content or Content of Your end users, partners etc. Company shall not provide You any censoring, moderation or other similar services concerning Your Content. Any control, censoring or analytic operations concerning Your Content shall not be performed by Company. 

Company does not check the Content or the users’ websites and is not responsible for their Content or the consequences of their use. However, You agree that Company may (but is not obligated to) periodically check (if possible) and take appropriate action in case of any indication of a violation of the Agreement or applicable law.

You are solely responsible for maintaining the confidentiality of Your password, other information related to the security of Your account, payments, etc. Company reserves the right to force password changes if necessary for security purposes.

You must immediately (within no more than 6 hours) notify Company of any unauthorized or suspicious use of Your account or any other breach of security.

You agree that despite all the security measures Company implements, incidents may nevertheless occur related to illegal actions of third parties, including, but not limited to, hacker attacks, viruses, and malicious software. In the event of such incidents, Company will take all reasonable steps to notify You of the occurrence, and You agree that Company shall not be liable for damages or losses that may occur due to such incidents.

Company will use commercially reasonable efforts to provide access to Website and Services 24 hours a day, seven days a week. Company reserves the right to modify, change or discontinue any aspect of Website or Service without your notice or consent. From time to time, Company may offer new Services (including limiting the functionality of previously available Services or adding new features to existing Services).

You agree that from time to time, Website may be unavailable or disabled fully or partly for any reason, and Company shall not be liable to You or any third party in connection therewith.

You acknowledge and agree that third parties engaged by Company may provide Services.

Without the prior written consent of Company, You will not resell or provide Services for commercial purposes, including technology related to Company, or copy or distribute in any medium any part of Website or Services.

You acknowledge that Company may periodically call or contact You in any way available to discuss Your account or all activities that are carried out using the account, Services may record conversations with You. You will be informed about such recording and its purposes.

You agree to pay promptly the fees associated with Services purchased or received on Website. All payments are non-refundable unless expressly stated otherwise by Company. Company reserves the right to change the pricing policy, the cost of a particular service, and the procedure for paying for it at any time, and such changes will be published on Website and will take effect immediately without prior notice or Your consent, unless otherwise expressly stated.

Website and Services may contain links to third-party websites beyond the control of Company. Company is not responsible for the Content or practices of any third-party websites. Company does not review or edit the Content of third-party websites. By using Website or Services available on this Website, You release Company from any and all liability (including but not limited to damage compensatios, reimbursement payments, or any kind of penalties) arising from your use of any third-party website. Accordingly, Company advises You to keep this in mind when You leave Website or Services on this Website and browse third-party websites.

YOUR CONTENT

Using registered domain names, You may upload, store, publish, submit, reproduce, distribute or otherwise use information, text, images, videos, works, links, data, folders, media and other content, including Content that is used by Your clients, end users, and persons who use Your services and resources in any form (hereinafter “Your Content’).

You shall be solely responsible for Your Content and any actions that are carried out concerning Your Content by Your users (as well as clients, end users, partners). You shall be solely responsible for ensuring that Your Content is used and operated properly under the full scope of licenses, rights, consents, permissions bound by laws. You are responsible for compliance with laws. You shall be responsible for all the consequences of Your Content being uploaded or otherwise used.

You affirm, represent, and warrant that Your Content, Your activity and activity, operations of Your end users, partners and clients shall be in compliance with Our Acceptable Use Policy (hereinafter - “AUP” incorporated herein by this reference); and You are solely responsible for the moderation of Your Content, including when Your Content is contributed by Your end users, partners, clients.

You will not host, display, upload, modify, publish, transmit, store, update or share any information that violates Rule 3(1)(b) of the Intermediary Guidelines and Digital Media Ethics Code Rules, (the “Code”). In case of non-compliance with the Code, or Company's rules and regulations, privacy policies, and/ or violation of the Agreement related to access or usage of any computer resource, as that term is used in the Code, Company has the right to terminate the access or usage rights of the computer resource immediately or remove non-compliant information or both, as the case may be.

You shall irrevocably waive and cause to be waived against Company any claims and assertions of rights or attribution with respect to Content.

COMPANY’S CONTENT AND INTELLECTUAL PROPERTY RIGHTS

Company shall own its intellectual property, including all patents, trademarks, names, domain names, copyrights, logos, trade secrets, design, computer code (including source code or object code), software and all other forms of intellectual property. 

Company shall grant You a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to use Company’s intellectual property as an integral part of Services and Website, Company’s web-platforms, applications, online complex tech-for-tech products  only. You may only use the Websites, Company’s web-platforms, applications, online complex tech-for-tech products and Services as expressly authorized by Company and as set forth in the Agreement within the term of Your orders under the Agreement. You agree not to copy, modify, publish, transmit, distribute, participate in the transfer or sale of, create derivative works of, or in any other way exploit, in whole or in part, any Company’s intellectual property.

ACCEPTABLE USE POLICY

You shall comply with AUP. You shall enter into legally binding paper or electronic agreements with Your end users, partners or clients which shall be no less protective than the Agreement and contain the requirements similar to the Agreement regarding AUP.

You shall be solely responsible for all actions that shall be legally or illegally carried out using Your Account, web-resources by You or third parties, including

• producing, uploading, broadcasting or streaming, sharing, storing and/or maintaining the websites, HTML files, scripts, applets, applications, media, and any Your Content uploaded to servers (server places) or
• which You allow others to upload.

Company considers each appeal regarding the use of Services for prohibited purposes and takes all adequate measures to avoid repetition of violations in the future.

If You notice that individuals using the Company Services engage in the above-prohibited activities or violate the applicable law of a particular jurisdiction, please let us know.

Company reserves the right to immediately suspend and/or terminate Your use of Services, block Your account due to the violation of the Agreement or the applicable law of the relevant jurisdiction or for any other reason with or without notice to You.

Company reserves the right (but is not obliged) independently and at its own discretion to identify the Content or actions of the User that violate the Agreement’s terms.

Prior to the suspension or complete termination of Your use of the Service, Company may, but is not obligated to, work with You to try to remedy violations of the Agreement or the applicable law of a particular jurisdiction, as well as to ensure that such a violation is not repeated, to offer other options for resolving the violation. However, Company reserves the right to suspend or terminate the provision of Services to You in the future, even if such attempts have been made.

If Company suspends and/or terminates your use of Services due to a violation, You may request a refund of the funds remaining in Your account. However, Company reserves the right to refuse to refund such funds to You until further resolution of the situation arising from the violation of the Agreement.

Company has the right to terminate the provision of Services (including blocking a domain or account) within 24-72 hours after sending a notification to the User, or a shorter period if the reason is an illegal activity using Services. Furthermore, Company has the right to terminate the provision of Services (including blocking a domain or account) immediately and without prior notice, including, but not exclusively, to stop infringements.

Company (its executive officers and contractors) are not responsible for:

• the use of Your account and Your website and all actions that are carried out through it by You or unauthorized third parties
• third-party actions
• consequences of unauthorized use of Company resources by third parties
• any malicious software that may transmit from/to Website
• User Content that violates the Agreement or the applicable law of a particular jurisdiction

You confirm that You will take all actions to avoid causing damage to Company from any claims, demands, or obligations that are related to:

• Your use of Website or Services
• violation by You of any term of the Agreement or policies, regulations, applicable law of a particular jurisdiction
• Your violation of the rights of third parties, including intellectual property rights or other rights.

KNOW YOUR CUSTOMER PROCEDURE

The provision of Services may be subject to Know Your Customer (hereinafter referred to as – “KYC”) verification requirements under Company’s KYC Procedure.

Both in the onboarding stage and during the use of Services, You may be required to provide Company with 

• accurate, complete information about You; and
• authentic documentation as requested.

Company reserves the right to request verification of the authenticity, completeness of documents, information or validity of contact details under Company’s KYC Procedure from time to time. Requests may be repetitive and are obligatory to You. You shall provide Company with  all information and documentation within the period specified in such a KYC request. 

You shall provide comprehensive responses and comply with the requirements specified within 72 hours (or within 24 hours concerning urgent issues) if longer period isn’t specified in the KYC request.

EUROPEAN UNION DIGITAL SERVICES ACT (“DSA”) SUPPLEMENTAL TERMS OF SERVICE

This section applies as of February 17, 2024, which is the date of entry into effect of the EU Digital Services Act.

This Section sets out provisions and processes that supplement the rest of this Agreement, as required under the DSA, which regulates the provision of certain digital intermediary services provided in the EU and notably sets out rules on the role of providers and imposes content moderation requirements and transparency obligations. These provisions only apply to You if  You are in the EU and / or if You are using Website or Services falling within the scope of the DSA. In the event of any conflict between the terms set out in this Section and the other provisions of this Agreement, the terms of this Section shall prevail.

Users are prohibited from providing, publishing or transmitting content which is incompatible with or violates this Agreement or any applicable laws in the EU or in any EU country (“Unauthorized Content”).

Content moderation overview. Company may voluntarily take action against any Unauthorized Content in accordance with this Agreement. In addition, Company may receive claims through the Claim Consideration Mechanism (described below) and orders from EU authorities reporting the presence of alleged illegal content on (or transmitted through) this Website or any Service.

Company will process these orders and claims, and take action based on the information provided. When Company has actionable evidence that Services is being used for providing, publishing or transmitting Unauthorized Content, Company shall promptly take the appropriate mitigation action(s) that are reasonably necessary to stop, or otherwise disrupt, the Services from being used for it. Action(s) may vary depending on the circumstances, taking into account the cause and severity of the harm from the Unauthorized Content and the possibility of associated collateral damage. These actions may entail the restrictions mentioned in Section TERMINATION OF AGREEMENT, SERVICES below, or any other restrictions required by the relevant authority, including in some cases, without prior notice, overall Service access suspesion or termination. If you disagree with a Company’s decision, you may lodge a complaint against it. More details about it are set forth in our Claim Consideration Policy.

You may report to Company the presence, on this Website or on any Service, of content that You consider to be illegal in the EU or any EU country through the mechanism described in our Claim Consideration Policy.

JURIDICAL NATURE

The Agreement, including all documents expressly incorporated by reference herein, constitutes the entire agreement between Parties.

The admissible and sufficient evidence of Your acceptance of the Agreement shall be

•  log-files (file with the list of registered events of registration, ordering of services, etc.); or
• concerted actions - registration for an Account, ordering and using Services; paying for Services.

Company may implement additional procedures of Your acceptance verification, including but not limited to authorization by a unique link, a special code received by SMS, etc.

The Agreement, amendments to it, Company’s policies, procedures and all the legal documents posted on Website constitute the entire agreement between You and Company

If any provision of the Agreement shall be held to be illegal, void, invalid or unenforceable under the laws of any jurisdiction, the legality, validity and enforceability of the remainder of the Agreement in that jurisdiction shall not be affected, and the legality, validity and enforceability of the whole of agreement in any other jurisdiction shall not be affected.

By using Services, You shall agree to fulfill all the policies and regulations posted on Website or sent to You. All the Company’s policies and regulations are an integral part of the Agreement and are bound by You. In case of any inconsistency between the Agreement and policies, regulations, - policies, regulations shall prevail. Violation of Company’s policies and regulations shall be treated as violation of the Agreement.

The Agreement lays out the core of Company’s terms of service provision, but we also have other contractual documents that You can think of as additional terms for specific topics. These other documents are incorporated by reference as if they were written here and form part of the overall Agreement. Therefore, You should also review these other documents, which can be found at the links below:

• Privacy policy
• General Data Protection Regulation, GDPR
• Domain deletion and auto renewal policy
• Policy on Transfer of Registrations between Registrars
• dotUA Policy Information
• Security And Abuse Privacy
• Claim Consideration Policy
• Acceptable use policy
• Domain Registration Reseller Agreement
• Know Your Customer procedure
• Registrant rights and responsibilities

The Agreement does not replace or establish alternative regulations for ICANN’s rules, policies and procedures. Accordingly, ICANN policies, rules and procedures must be followed when providing Services. If there are inconsistencies between ICANN’s rules and procedures and the Agreement, ICANN’s rules and procedures shall prevail.

You agree to comply with all applicable laws of the particular jurisdiction in which You are treated as a resident or other relevant jurisdiction concerning the Content, Your website, online activities, electronic communications and use of Services, Website.

Separate subsidiary procedures may be implemented and may relate to specific Services, will be valid and are binding on You if You use such Services.

MODIFICATIONS TO THE AGREEMENT

Company may, in its sole discretion, amend the Agreement and other policies or regulations at any time.

Company shall notify You of all significant amendments to the Agreement. 

Company may (but is not obligated to) notify You of changes to the Agreement and is required to publish the Agreement as amended on Website. Accordingly, you undertake to periodically (but not less than once a month) review the materials on Website to identify and study updates to the Agreement.

Any changes to the Agreement, policies, and regulations come into force and become binding on You from the date specified in the Agreement. If no date is specified, the changes will take effect immediately, and Your use of Services after such changes confirms Your acceptance of the updated terms of the Agreement and other policies and regulations. If You do not agree to accept the Agreement, policies, and regulations in an updated version, please do not use Website, Services or stop using them.

Company RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF WEBSITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME.

TERMINATION OF AGREEMENT, SERVICES

Company may, in its sole motion and discretion, terminate (suspend, block or modify) Your access to Website and Services at any time with or without cause, with or without notice to You, with immediate effect. 

Company, in particular, may terminate (suspend, block or modify) Your access to Services (fully or partly) in the following cases:

• the need to correct any errors;
• handling complaints about the Content or complying with the requirements of the competent authorities or persons;
• failure to respond to complaints (as the domain name owner) within the term established by Company;
• late payments or violation of the terms of the Agreement by You;
• Your behavior causes or may cause damage to Company, other Users or third parties;
• Your actions or activity through Your website violates the applicable law of a particular jurisdiction (or is reasonably expected to violate);
• You have provided Company with false, inaccurate or misleading information (documents), invalid contacts
• to comply with any applicable laws, government rules or requirements, applicable dispute resolution process, requests of any authority;
• to avoid any liability;
• Your incompliance with Company’s KYC requirements, or You refused to perform Company’s KYC procedure, or did not provide all the requested documents and data in time;
• if there shall be a violation of any U.S. or EU sanctions, export or import laws, any executive orders, or any rules, regulations or orders issued by the U.S., European Union authorities.

When there is a suspension or termination of Service(s) for cause specified above, Company is not obligated to refund payments for Services to You (if such were paid in advance), and You are obliged to pay all costs, penalties and expenses before terminating access to Services. 

Without limiting any of the rights set forth elsewhere in this Agreement, Company expressly reserves the right to deny, cancel, terminate, suspend, or limit future access to  Website or any Services (including but not limited to the right to cancel or transfer any domain name registration) without prior notice to any (i) whose Account or Services were previously terminated or suspended, whether due to breach of this or any other Agreement or any Company policy, or (ii) who otherwise engages or has engaged in inappropriate or unlawful activity while utilizing the Website or Services (as determined by Company in its sole and absolute discretion).

If Your purchase or account activity shows signs of fraud, abuse or suspicious activity, Company may cancel any service associated with your name, email address or account and close any associated Company accounts. If Company, in it's sole discretion, determines that any conducted activity is fraudulent, Company reserves the right to take any necessary legal action and You may be liable for monetary losses to Company including litigation costs and damages. Company may also suspend or terminate Your access to the Services without prior notice if Company has reason to believe You are a repeat offender.

If You wish to terminate the Agreement for any reason, You shall stop using Website or Services. If You want to delete Your account - contact the address. All terms of the Agreement, which by their legal nature should survive termination of the Agreement, shall survive termination of the Agreement, including, but not limited to, the limitations of liability and warranties. 

Upon termination of Services for any reason, the Content, website and other information will be deleted. You are solely responsible for maintaining backup copies of all Content, Your websites, and information. Company is not responsible for the consequences of deletion and failure to save backups. 

Company reserves the right, for any or no reason, to discontinue offering or providing Services to You 60 calendar days after a prior written notice to You by email or a ticket via Your Account. After the notice is sent, You shall transfer Your domain names to another registrar within 60 calendar days, new registrations shall be impossible.

Upon termination of Services for any reason, the Content, website and other Your information shall be deleted, Your domain names shall be blocked. You are solely responsible for maintaining backup copies of all Content, Your websites, and information. Company is not responsible for the consequences of deletion and failure to save backups.

LIMITATION OF LIABILITY

IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS WEBSITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS WEBSITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS WEBSITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS WEBSITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO, FROM, OR THROUGH, THIS WEBSITE OR THE SERVICES (INCLUDING ANY SITES OR SERVICES LINKED TO THIS SITE OR THE SERVICES (WHETHER THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) AND/OR ANY REMOVAL OR ATTEMPTED REMOVAL THEREOF, (IX) ANY REVIEW, SCANNING, ACCESS TO, AND/OR MODIFICATION OF THE SERVICES USED BY YOU, INCLUDING BUT NOT LIMITED TO ANY HOSTED ENVIRONMENT, (X) ANY YOUR CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, (XI) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (XII) ANY AUTO-GENERATED OUTPUTS CREATED USING THE SERVICES.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL COMPANY’S TOTAL AGGREGATE LIABILITY EXCEED 500.00 EURO.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS WEBSITE OR THE SERVICES FOUND AT THIS SITE.

INDEMNITY

You agree to protect, defend, indemnify and hold harmless Company and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Company directly or indirectly arising from (i) Your use of and access to this Website or the Services; (ii) Your violation of any provision of this Agreement or the policies or procedures which are incorporated herein; and/or (iii) Your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or Your use of this Website or Services. 

FORCE MAJEURE CIRCUMSTANCES

Neither You nor Company shall be liable for any breach of the Agreement if such a breach occurred as a result of circumstances that could not be foreseen or eliminated by reasonable means, namely: natural disasters, man-made disasters, war, terrorism, armed conflict, strikes, epidemics, special economic sanctions, adoption/amendments to regulations that significantly affect the possibility of implementing the Agreement. The Parties to the Agreement shall notify each other of the occurrence of such circumstances as soon as possible. If such circumstances affect You for more than 30 days, then Company has the right to stop providing Services immediately.

GOVERNING LAW AND ARBITRATION

The legal relations arising out of or relating to the Agreement are  governed by the legislation of the Republic of Cyprus without regard to conflict of law provisions. Any dispute, claim or controversy arising out of or relating to the Agreement or the violation, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of the Agreement to arbitrate, shall be treated by the courts of the Republic of Cyprus without regard to conflict of law provisions. For any claim brought by either party, You agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of the courts located in the Republic of Cyprus.

Some jurisdictions do not allow some of disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to You insofar as they relate to implied warranties.

COMMUNICATIONS 

Company may provide You with notices by email, regular mail, instant messages, notifications in Your Account etc. Notice is deemed to be received by You when it is sent by Company.  If Company sets a deadline for You to perform specific actions, then such a period is considered from the moment the notice is sent to the email address You specified in Your Account or as a notification in Your Account, other communication devices and cannot be suspended or renewed due to the situation You did not get or read the notice from Company.

Notices to Company must be delivered to e-mail addresses posted on Website or as a notification in Your Account, shall be deemed to be received when actually received by Company.

You undertake to carry out or organize continuous monitoring of incoming messages to the contacts associated with Your Account. You bear the risks and responsibility for the consequences if You do not read or do not get the messages from Company timely for any reason. Any notice that We send to Your contact details or by a notification in Your Account shall be effective when sent, whether or not You actually receive or read it.

Under no circumstances shall Company be liable to You or other persons for direct, indirect incidental, special, consequential or exemplary damages and any consequences (including, but not limited to, Service providing suspicion) in case caused by You sent a notice from e-mail address (other source)  not mentioned in Your Account and Your notification contains less information and Company is unable to identify Your identity or matter for a notice. 

You can communicate with Company using details on Our Contact page (emails or tickets in Your account are preferable).

Appropriate language - English (basic language) and Russian (optional language). In case of discrepancies between the version of the Agreement in English and other languages, the English text shall take precedence.

Prior Versions of the Master Service Agreement is available here