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RULES OF PROVISION OF SERVICES

1. Basic terms

1.1. 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 Customer’s account page is available at https://ucloud.ua. Access to the page is organized according to the protected protocol and only after identification of the Customer.

1.2. Customer’s accounting information – information intended to identify the Customer in the process of providing services to him. The Customer’s credentials are the username (login), the password to access the Customer’s account page (password) and the Customer’s contract number.

1.3. Personal account of the Customer – 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 to the account of prepayment of services provided by the Contractor to the Customer, and reduced by the cost of services selected and connected by the Customer.

1.4. Service – a set of server, network, software, technological and other resources of the Contractor, provided for temporary use to the Customer, as well as work by specialists of the Contractor to perform the tasks of the Customer.

1.5. Periodic service – a service provided to the Customer constantly during the time of use of the service by the Customer.

1.6. One-time service – a service provided to the Customer once.

1.7. Test mode is 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 determination by the Customer of quality of service The ability to use 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 test mode and the validity of the Test mode is indicated in the description of the service.

1.8. 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.

1.9. Personal information – information provided 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.

1.10. Customer – a company on whose behalf and in the interests of which act the authorized persons and / or services specified in the Agreement.

The procedure for providing services and the procedure for settlements

2.1. In the Commercial mode, services are provided only after the Customer has completed the registration procedure.

2.2. The information specified by the Customer during the registration procedure is used by the Contractor when filling out financial documents.

2.3. After the correct and complete filling in of the registration form, the Customer is given access to the account page. The Customer receives credentials via e-mail to the e-mail addresses of the Customer’s authorized (authorized) persons specified in the Agreement.

2.4. The selection and connection of one-time and periodic services is carried out by the Customer independently on the account page. Exceptions are services, the provision of which requires confirmation of the Contractor (conditions

provision of these services are specified in the description of these services). Provision of periodic service connected by the Customer starts from 00 hours 00 minutes of the next day from the moment of service connection. The provision of one-time service begins and ends at the time of its order by the Customer. If the provision of a one-time service provides for the possibility for the Customer to use the Contractor’s resources for a fixed period, the Contractor is obliged to provide the Customer with the specified resources within the period specified in the description of the service.

2.5. The customer is given the opportunity to temporarily suspend (block) the provision of periodic services by changing the appropriate settings on the account page. Upon suspension of the periodic service, the billing of this periodic service is terminated from 00 hours 00 minutes of the next day from the moment of making changes in the parameters.

2.6. The customer is given the opportunity to disable (delete) the periodic service by changing the appropriate settings on the account page. When disabling the periodic service, the billing of this periodic service from 00:00 00 of the next day from the moment of making changes to the service parameters by the Contractor is not performed, this service is not provided to the Customer, and all settings for this service are deleted.

2.7. The customer independently gets acquainted with the statistics of the services provided to him.

2.8. The customer independently performs the following actions: installation and operation of application software, information security.

2.9. The Contractor has the right to unilaterally change the technical parameters of the Services in order to improve the quality and reliability of the Services provided. Including changes in the list of provided programs, libraries, functions, administration tools.

2.10. The reporting period is 1 (one) month (from the first to the last day of each calendar month).

2.11. In each reporting period, the services are considered provided in full and of proper quality, if within the period specified in the Agreement, the Customer does not provide the Contractor with a written reasoned refusal to accept these services. A preliminary claim regarding the quality of the provided Services may be sent by the Customer to the Contractor by e-mail.

2.12. At the end of the reporting period, the Contractor creates reporting documents (act and invoice – invoice). The date of providing one-time and periodic services in the reporting period is the last day of the reporting period.

2.13. Reporting documents on paper are sent to the Customer by monthly mail to the postal address of the Customer. Delivery of reporting documents on paper in other ways is paid, the amount of which is specified in the annexes.

2.14. To resend the reporting documents, the Customer must make and send to the Contractor by e-mail a request with an exact list of required documents. Re-sending of reporting documents on paper is paid, the amount of which is specified in the annexes.

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

3.1. Cases of inadmissibility of use of the Service by the Customer are considered unauthorized actions of the Customer. Such cases are:

3.1.1. Untimely receipt of payment for Services;

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

3.1.3. Attempts are made by the Customer to gain unauthorized access to the Contractor’s information resources;

3.1.4. The Customer distributes, by sending, electronic messages or posting on the Internet information, the dissemination of which is prohibited by Ukrainian law, international law, as well as information, the dissemination of which is contrary to morality and restricts the rights and legitimate interests of third parties;

3.1.5. The customer distributes malicious computer programs or other computer programs and their components equated to them;

3.1.6. The services provided to the Customer by the Contractor are used by the Customer to perform actions that infringe 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, if the mailing is carried out without the prior consent of Customers or recipients to receive these messages (SPAM), and in cases where such distribution, carried out by third parties, is carried out distribution of advertising of the goods, works, services of the Customer or the information resource of the Customer;

3.1.8. The Customer violates the copyright belonging to the Contractor to the program (programs) for the computer, 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 international law. Storage of pornographic materials;

3.1.10. The Customer retains the information obtained illegally 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 takes actions aimed at disrupting the normal functioning of the elements of the cloud infrastructure and / or the Internet (computers, other equipment or software), as well as hacking the platform of the Contractor;

3.1.13. The Customer performs 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 takes action to place electronic (digital) information in violation of copyright and (or) related rights of third parties.

3.1.15. Cryptocurrency mining.

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

3.2. Upon detection of the above cases, the Contractor shall immediately notify the Customer and to ensure technological safety has the right to suspend / limit the provision of Services to eliminate violations in case of non-performance or improper performance by the Customer of obligations. Such termination of the Services is not considered termination of the Agreement.

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

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

3.5. In the event of claims, claims and lawsuits against the Contractor by third parties related to the Customer’s breach of any of the obligations under the terms of this Annex, the Customer shall independently take all necessary measures to resolve possible disputes, with the Customer undertook to fully reimburse the Contractor for costs and losses associated with the compensation of the above claims, claims and claims of third parties.

Guarantees and liability

4.1. The Contractor guarantees the provision of services in the proper 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 the possibility of exchanging e-mails with e-mail addresses entered in the stop list (spam list) of the Contractor’s e-mail service.

4.4. The Contractor shall not be liable for improper functioning or unavailability of Internet segments that are 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 shall not be liable for temporary suspension of services, delays in the provision of services if the provision of services to the Customer became impossible due to malfunction of equipment not owned by the Contractor, or software failures 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 power and transmitted by him through communication channels in the process of using the services of the Contractor. Such information includes, in particular, the content of websites, databases, information contained in e-mails sent by the Customer.

4.8. In case of inoperability of the account page, the Contractor shall notify 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 the data stored and processed during the provision of the Services. The Contractor does not control, guarantee or assume responsibility for the logical integrity of the data, which may be violated due to factors beyond the Contractor’s control (for example, improper operation of software used by the Customer, errors of the Customer and others). Countering threats to the logical integrity of the data (for example, by using a backup and recovery system) is the responsibility of the Customer.

Other conditions

5.1. The exchange of electronic messages sent by the parties to each other by e-mail from the e-mail addresses of the authorized (authorized) persons of the Parties specified in the Agreement shall be recognized by the Parties as an exchange of documents and information.

5.2. Electronic messages sent by the Customer from e-mail addresses other than those specified in the Agreement are not considered by the Contractor, and no responses to such messages are given.

5.3. An e-mail shall be deemed to have been received from the moment when the Party to which the message is addressed has access to it, namely from the moment the e-mail is received on the mail server used by the addressee to receive the e-mail.

5.4. Any files attached to the email (attachments) are an integral part of this message.

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