RULES OF PROVISION OF SERVICES

RULES FOR THE PROVISION OF SERVICES

1. Basic terms
   • The Customer’s account page is a web page designed to manage the services provided by the Contractor to the Customer, maintain the relevance of the Customer’s contact information, and provide the Customer with other information necessary for the Contractor to provide services to the Customer. Access to the page of the Customer’s account is carried out at the address http:// ucloud . a. _ Access to the page is organized using a secure protocol and only after identification of the Customer.
   • Account information of the Customer – information intended for the identification of the Customer in the process of providing him with services. The Customer’s name, e-mail address and contact phone number of the authorized person, user name (login), password for accessing the Customer’s account page (password) and the Customer’s contract number serve as the Customer’s account information.
   • The level of access of an authorized person is one of the four levels of access of demarcation of rights to use the Service, which is determined based on the following rules for each of the levels. All levels of access can belong to different authorized persons or to one authorized person in case of necessity or impossibility of appointing such persons. Appointment of authorized persons is the responsibility of the Customer.
   • The following levels are defined that correspond to the capabilities of authorized persons in using the Service, namely:

The Owner of the Service is the responsible person of the Customer, who is registered in the contract as the Owner of the Service , this is the person who has full access to all the possibilities of the Service, who gets the first access to the service and all the administration functionality.

The service administrator is        an authorized person of the Customer, performing the duties of a system administrator, who performs work on configuring the functionality of applications, which is not the subject of the contract and is responsible for them, their use, and the data that can be generated and stored by them and are in the field responsibility of the Customer.

The service administrator (restricted viewing rights) is      an authorized person of the Customer who has the right to access information about the Service, but does not have the right to change the scope and composition of the service.

The authorized person of the financial service is the authorized person of the Customer in matters of document circulation and financial relations.

1.3.2 Table of capabilities of the authorized person depending on the level of access to the service

• The Customer’s personal account is a record that reflects the financial relationship between the Contractor and the Customer. The Customer’s personal account is increased by the amount of payments transferred by the Customer to the Contractor as a prepayment for the services provided by the Contractor to the Customer, and reduced by the cost of the services selected and connected by the Customer.
• The service is a set of server, network, software, technological and other resources of the Contractor, provided for temporary use by the Customer, as well as work carried out by the Contractor’s specialists for the performance of the Customer’s tasks.
• Periodic service – a service provided to the Customer continuously during the period of use of the service by the Customer.
• One-time service – a service provided to the Customer once.
• Test mode – a form of service provision in which services are provided free of charge, but with limited functionality and for a limited period of time. The test mode is intended for the Customer to determine the quality of the service. The possibility of using the service in test mode is not provided for all services. Mandatory SMS verification is used to provide certain services, the need for SMS verification is indicated when the service is connected in test mode. The possibility of using the service in the test mode and the validity period of the Test mode are indicated in the description of the service.
• Commercial regime – a form of service provision in which services are provided on a paid basis, in full and without limitation of the term of their provision.
• Personal information – information specified by the Customer in the registration form during the registration procedure, as well as other information posted by the Customer on the Customer’s account page.
• The customer is the company on whose behalf and in whose interests the authorized persons and/or services specified in the Agreement act.

2. Service provision procedure and settlement procedure
   • In the Commercial mode, services are provided only after the Customer completes the registration procedure.
   • The information specified by the Customer during the registration procedure is used by the Contractor when filling out financial documents.
   • After correctly and completely filling out the registration form, the Customer is given access to the account page. The Customer receives account data via e-mail to the e-mail addresses of authorized (authorized) persons of the Customer specified in the Agreement.
   • Selection and connection of one-time and periodic services is carried out by the Customer independently on the account page. An exception is services, the provision of which requires confirmation by the Contractor (the conditions for providing these services are specified in the description of these services). Provision of periodic service, connected by the Customer, begins with 00 hours 00 minutes the next day from the moment the service is connected. Provision of a one-time service begins and ends at the moment of its order by the Customer. If the provision of a one-time service involves the possibility of the Customer using the Contractor’s resources during a fixed period, the Contractor is obliged to provide the Customer with the specified resources during the period specified in the service description.
   • The customer is given the opportunity to independently suspend (block) the provision of periodic services by changing the appropriate settings on the account page. When the periodic service is suspended, the tariff for this periodic service is terminated from 00 hours 00 minutes of the next day from the moment of making changes to the parameters.
   • The customer is given the opportunity to independently disable (remove) the periodic service by changing the appropriate settings on the account page. When the periodic service is turned off, the tariff for this periodic service is not carried out from 00 hours 00 minutes of the next day from the moment of making changes to the service parameters by the Contractor, this service is not provided to the Customer, and all settings for this service are deleted.
   • The customer independently familiarizes himself with the statistics of the services provided to him.
   • The customer independently performs the following actions: installing and ensuring the functioning of the application software, ensuring information security.
   • The Contractor has the right to unilaterally change the technical parameters of the provision of Services in order to improve the quality and reliability of the Services provided. Including changes to the list of provided programs, libraries, functions, and administration tools.
   • The reporting period is 1 (one) month (from the first to the last day of each calendar month).
   • In each reporting period, the services are considered to be provided in full and of the appropriate quality, if the Customer does not provide the Contractor with a written reasoned refusal to accept these services within the period established by the Agreement. A preliminary claim regarding the quality of the Services provided may be sent by the Customer to the Contractor by e-mail.
   • After the end of the reporting period, the Contractor creates reporting documents (act and invoice – invoice). The date of provision of one-time and periodic services in the reporting period is the last number of the reporting period.
   • Reporting documents on paper are sent to the Customer monthly by mail to the Customer’s postal address. Delivery of reporting documents on paper by other means is subject to a fee, the amount of which is specified in the attachments.
   • To resend reporting documents, the Customer must prepare and send to the Contractor by e-mail a request with an exact list of the necessary documents. Re-sending reporting documents on paper is subject to a fee, the amount of which is specified in the attachments.

3. Cases of inadmissibility of use of the Service by the Customer.

Consequences.

• Unauthorized actions of the Customer are considered cases of inadmissibility of the use of the Service by the Customer. Such cases are:

3.1.1. Untimely receipt of payment for Services;

3.1.2. The Customer commits harmful actions aimed at the Contractor’s platform or the services of other clients, restricting or blocking other clients’ access to the Contractor’s services;

3.1.3. The Customer attempts unauthorized access to the Contractor’s information resources;

3.1.4. The customer distributes, by means of mailing, electronic messages or posting on the Internet, information, the distribution of which is prohibited by the legislation of Ukraine, the norms of international law, as well as information, the distribution of which is contrary to moral standards and limits the rights and legitimate interests of third parties;

3.1.5. The customer distributes malicious programs for computers or other similar programs for computers and their components;

3.1.6. The services provided to the Customer by the Contractor are used by the Customer to carry out actions that violate the copyright or related rights of third parties;

3.1.7. The services provided to the Customer by the Contractor are used by the Customer for mass mailing of electronic messages of both commercial and non-commercial content, in the event that the mailing is carried out without the prior consent of the Customers or recipients of the message data (SPAM), as well as in those cases when using such mailing, carried out by third parties, is used to distribute advertising of the Customer’s goods, works, services or the Customer’s information resource;

3.1.8. The Customer infringes copyrights belonging to the Contractor on the computer program (programs), the use of which (which) is carried out by the Customer on the basis of a license agreement (license) with the Contractor ;

3.1.9 . The customer stores information prohibited by the legislation of Ukraine and the norms of international law. Storage of materials of a pornographic nature;

3.1.10. The customer stores information that was obtained unlawfully in whole or in part, protected by copyright and/or related rights without the permission of the owners of these rights;

3.1.11. The customer stores information containing viruses or other harmful components;

3.1.12. The Customer commits actions aimed at disrupting the normal functioning of elements of the cloud infrastructure and/or the Internet (computers, other equipment or software), as well as hacking the Contractor’s platform;

3.1.13. The customer takes actions aimed at obtaining unauthorized access to cloud infrastructure resources and/or the Internet (computer, other equipment or information resource), further use of such access, as well as destruction or modification of data on this resource.

3.1.14. The customer commits acts of placing electronic (digital) information in violation of copyright and (or) related rights of third parties.

3.1.15. Mining cryptocurrency .

3.1.16. Store cryptocurrencies or use services for cryptocurrencies without the written permission of the Contractor .

3.2. Upon detection of the above-mentioned cases, the Contractor immediately informs the Customer and, in order to ensure technological security, has the right to stop/restrict the provision of Services until the violations are eliminated in case of non-fulfillment or improper fulfillment of obligations by the Customer, which is not downtime and a decrease in the quality of services. Such suspension of the Services shall not be considered termination of the Agreement.

3.3. The Contractor has the right to stop/limit the provision of Services during emergency restoration work of the platform in the event of an accident.

3.4. The Contractor has the right to stop/restrict the provision of the Services in the event of a legal demand by a competent authority of any jurisdiction, supervisory, controlling or other regulatory body, any government or other competent authority.

3.5. In the event of claims, demands and lawsuits against the Contractor by third parties related to the Customer’s violation of any of the obligations stipulated in the terms of this Appendix, the Customer shall independently take all necessary measures to settle possible disputes, while the Customer undertook to fully compensate the Executor for expenses and losses related to the compensation of the above-mentioned claims, claims and lawsuits of third parties.

4. Warranties and liability

4.1. The contractor guarantees the provision of services in the appropriate quality in accordance with the terms of the Service Level Agreement.

4.2. The Contractor does not guarantee the Customer the possibility of information exchange with information resources, access to which is temporarily or permanently impossible via the Internet .

4.3. The Contractor does not guarantee the Customer’s ability to exchange electronic messages with e-mail addresses entered in the stop list (spam list) of the Contractor’s e-mail service.

4.4. The Contractor is not responsible for improper functioning or unavailability of Internet segments outside the Contractor’s area of responsibility through which the Customer accesses the Contractor’s information resources used to provide services to the Customer.

4.5. The Contractor is not responsible for the temporary termination of the provision of services, delays in the terms of the provision of services in the event that the provision of services to the Customer has become impossible due to a malfunction of equipment that does not belong to the Contractor, or malfunctions in the software of information resources that do not belong to the Contractor.

4.6. The customer guarantees that the dissemination of information carried out by him using the services of the Contractor is not illegal and does not violate the rights and legitimate interests of third parties.

4.7. The Customer is responsible for the content of the information placed by him on the computing facilities and transmitted by him through communication channels in the process of using the Contractor’s services. Such information includes, in particular, the content of websites, databases, information contained in electronic messages sent by the Customer.

4.8. In case of inoperability of the account page, the Contractor informs the Customer about the management of services and information resources, access to which is provided to the Customer.

4.9. The Contractor ensures the physical integrity of data stored and processed during the provision of Services. The Contractor does not control, does not guarantee, and does not assume responsibility for the logical integrity of the data, which may be violated as a result of factors beyond the control of the Contractor (for example, incorrect functioning of the software used by the Customer, errors of the Customer’s employees, and others). Countering threats to the logical integrity of data (for example, by using a backup and recovery system) is the responsibility of the Customer.