Terms of Service

General terms and conditions for the provision of HYTHOST branded services.

General Terms and Conditions

Last Revised: September 9, 2021

HYTHOST offers a wide range of services in the field of information technology solutions, with an emphasis on ensuring the security of digital data. These Terms of Service are concluded between:

"OKLAKO" SRL, (hereinafter - "EXECUTOR"), established and carrying out activity in accordance with the legislation of the Republic of Moldova and pursuant to the Act of Incorporation, legal address Chisinau municipality, sec. Buiucani, str. Sucevita, 36/1, apartment (of.) 155, and CLIENT.

1. SPECTRUM OF SERVICES PROVIDED

1.1. The executor provides the following services:

WEB HOSTING - service that provides space on the web server for the placement of the Client's web applications and ensuring their functionality.

"CLOUD" HOSTING - service that provides space on several web servers for the placement of the Client's web applications and ensuring their functionality and scalability using CLOUD technologies.

EQUIPMENT PLACEMENT – service for placing the Client's digital equipment on the Executor's technological platform, with connection to the Internet network.

VIRTUALIZED INFRASTRUCTURE – service that provides services, equipment, software applications in a virtualized environment located on the Executor's equipment.

SERVERS AND DEDICATED EQUIPMENT – location and rental service of the Executor's digital equipment on the technological platform, with connection to the Internet network.

SECURITY AUDIT OF NETWORK APPLICATIONS – computerized scanning, at the Client's direction, of corporate computer networks belonging to it, with the aim of establishing those properties of applications and network resources, which are vulnerable in terms of security and the non-admission of hacking, penetration, damage, unauthorized use , unauthorized access to information or modification of network behavior and network resources, with subsequent reporting.

SERVER MAINTENANCE AND MANAGEMENT – monitoring, maintenance and computerized management of the Client's servers and equipment, in order to establish their vulnerabilities, to fix attack attempts, unauthorized access or damage to the server's program composition, reporting this information to the Client.

DATA BACKUP – Duplication of the Customer's digital data (BACKUP) on the equipment provided by the Executor. PROTECTION AND MITIGATION OF "DDOS" ATTACKS - Service to protect and mitigate and combat distributed malicious "DDoS" attacks at both the application level and the digital computer network level.

ACCESS TO THE INTERNET – Access to the global Internet network through the executor's dedicated channels throughout the territory of the Republic of Moldova.

IP/VPN SERVICES – Service for organization, interconnection of corporate networks or access to internal, private networks or the Internet by means of "VPN" technology.

GUARANTEED DELIVERY OF DIGITAL CONTENT – Digital Media content delivery service to users through a global network that offers the possibility of delivery depending on the requirements of the Client and Internet users.

DATA TRANSPORT – Dedicated connections providing point-to-point circuits, provided via SDH, PDH, Ethernet and MPLS connection interfaces. The service connects two Customer locations by providing a secure and guaranteed communication line, able to integrate data, voice and video transfer services.

2. FURTHER IN THESE TERMS THE SERVICES CHECKED BY THE PARTIES WILL BE CALLED THE "SERVICES".

2.1. The Customer consumes the Services and pays for them in accordance with the terms of the Integrated Smart Services Agreement and its Annexes concluded on the basis of these Terms.

2.2. The special conditions of the Services specified in point 1.1. of these Conditions are governed by the Appendices. If the provisions of one of the Annexes differ from the provisions of these Conditions, then, with application to the respective service, the provisions of the corresponding Annex will prevail. The appendices to these Terms are integral parts thereof. For all other Services Provided not provided for in the Annexes, the Parties will draw up separate Annexes depending on the specific requirements of the Clients.

2.3. The order of determining the prices for each Service is established in the respective annex. During the action period of the Agreement for the provision of integrated intelligent services, the Executor is entitled to unilaterally change the prices of the Services, by notifying the Client 15 (fifteen) days before the change takes effect. In this case, Services ordered and not provided at the time of the price change will be charged the price until the change

2.4. Provided that the appropriate technical conditions exist, the Executor offers for the respective Services based on the Contract for the provision of integrated intelligent services, the possibility of ordering them "on-line". This regime involves offering the Client the possibility of creating on the web page of the Executor ("Service Site") a record, protected by a password, with the purpose of placing orders for the provision of a particular Service and its automated execution by the Executor, both as much as the balance of the Customer's personal account allows.

2.5. The Executor begins to provide the Services within a reasonable time from the moment of receiving the respective payment, provided that the technical possibilities exist to provide the Service, as well as provided that the Client communicates the necessary information and/or presents the necessary materials or equipment, where this is applicable . The parties may establish a specific time for the commencement of the provision of the Service, by written or electronic agreement.

2.6. The executor has the right to refuse the provision of the Service in the absence of the technical possibilities to provide it.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The executor undertakes:

3.1.1. To provide the Customer with the ordered Services in accordance with the terms of the Contract for the provision of integrated intelligent services and its Appendices.

3.1.2. To comply with the requirements of quality, accessibility and continuity of the Services provided to the Client, established in the Contract for the provision of integrated intelligent services and in its Annexes.

3.1.3. To administer the Client's personal Account with the reflection of the information related to the execution of the Contract (the list and price of the Services provided to the Client, the payments received from the Client, the final balance of mutual settlements based on the Contract, the Client's supplies, etc.).

3.1.4. To offer the Customer the possibility of free information about the status of the Personal Account at the Executor's office and on the statistics page https://hythost.com

3.1.5. To preserve the confidentiality of the Client's information, received from him for the purpose of executing the Contract for the provision of integrated intelligent services, as well as the content of all the results of the Services provided to the Client.

3.1.6. To notify the client of any significant change made to the terms and conditions of the service, through a written notification or an announcement published on the provider's website.

3.2. The customer undertakes:

3.2.1. To present truthful information when ordering the Services regarding the applications, network applications, servers and computer networks belonging to it (hereinafter – «Objects»), as well as to inform in a timely manner about changes in this information.

3.2.3. To capitalize on the Services provided by the Executor in accordance with the terms of the Contract for the provision of integrated intelligent services and its Annexes.

3.2.4. To order the Services exclusively in respect of its own Objects.

3.2.5. Not to transfer in any way the right of access to the Services to third parties.

3.2.6. To ensure the confidentiality of the records on the Service Site.

3.2.7. To allow the Executor access to Objects, resources, devices, etc., to the extent necessary for the provision of the Services.

3.2.8. Track the status of your Personal Account, including the amount and value of Services received.

3.2.9. To pay for the Services rendered on time, in accordance with Section 4 of these Terms or the terms of the respective Annex to this Agreement for the provision of integrated intelligent services.

3.2.10. To preserve the confidentiality of the information received from the Executor as a result of the execution of this Agreement for the provision of integrated intelligent services.

3.3. The executor is entitled:

3.3.1. To modify the composition, order and conditions of the provision of Services, or to terminate the Agreement for the provision of intelligent integrated services in the order established in Section 5 of this Agreement.

3.3.2. To suspend the provision of the Services for the performance of planned prevention and repair work on the Executor's equipment, of which the Client is notified at least 8 hours in advance, indicating the duration of such work.

3.3.3. To suspend or refuse the provision of the respective Services in case of non-receipt of current payments from the Client and/or if the balance of the Client's personal Account is negative or lower than the price of the Service.

3.3.4. To exercise other rights, established by the Contract for the provision of integrated intelligent services and its Annexes.

3.3.5. To modify the composition in exceptional situations or unforeseen technical circumstances, the provider may have to make changes in the network or the associated infrastructure, in order to optimize the services provided. Such changes will be made with minimal impact to customers and will be communicated in advance as far as possible to minimize any potential disruption.

3.4. The customer is entitled to:

3.4.1. To place orders for the provision of Services by sending a fax or an electronic message to the Executor, or using the register on the Service Site, where this is applicable, with the indication of sufficient information for the provision of the respective Service;

3.4.2. To order additional services under these Terms;

3.4.3. To terminate the Contract for providing integrated intelligent services in the order established by Section 5 of these Codes.

4. CONTRACTUAL SETTLEMENTS

4.1. The prices of the services, the provision of which is possible on the basis of the Contract for the provision of integrated intelligent services, are established in the respective Annexes to the Contract for the provision of integrated intelligent services. The concrete composition of the Services, provided to the Client within the Contract for the provision of integrated intelligent services, and their value is established based on the Client's orders.

4.2. Payment of the ordered Services is made by the Customer in advance, until the start of the provision of the respective Service, by paying in advance. If the Annex to the Contract for the provision of integrated intelligent services or another written agreement between the Parties provides for a different order of payment for the Services (Service), such a document will prevail over the provisions of the Contract, in the corresponding part of the contractual relations of the Parties.

4.3. The information about the payments received from the Client, as well as about the category, volume and price of the Services provided to the Client is recorded in his personal Account.

4.4. The Customer shall independently make the advance payments according to the Contract, so that the balance of the Personal Account is not negative at any time during the operation of the Contract. At the Customer's request, the Executor will issue invoices for advance payment.

4.5. The Executor may suspend the provision of Services if the balance of the Client's personal account is negative or less than the value of the Service.

4.6. For non-payment of payments on time by the Client, in accordance with the Agreement for the provision of integrated intelligent services, its annexes and additional agreements, which led to a negative balance of the Personal Account, the Executor is entitled to calculate penalties in the amount of 0, 1% of the daily average of the negative balance of the Client's personal Account, for each day of the existence of the debt, with the corresponding reflection of the penalty amount on the Client's personal Account. The payment of the penalty does not exempt the Client from the execution of the obligations assumed by the Contract.

4.7. Payments based on the Contract for the provision of integrated intelligent services are made by transfer, to the bank details indicated by the Executor.

4.8. In case of impossibility to capitalize on the Service, proven by the Client, or of dissatisfaction based on the quality of the services, for reasons for which the Executor is responsible, he will return the amount of remuneration paid by the Client for the corresponding volume of the Service. This rule is applicable only once during the provision of services based on the Contract for the provision of integrated intelligent services.

5. MODIFICATION, TERMINATION AND TERMINATION OF THE CONTRACT

5.1. The contract for the provision of integrated intelligent services is indefinite and can be terminated at the initiative of either Party, by sending a written statement to that effect to the other Party. The contract will be considered terminated from the date of receipt of this statement by the other Party.

5.2. Termination of the Integrated Smart Services Agreement for any reason does not affect the validity of any Party's obligations to settle debts existing at the date of termination, including payment of services and works actually performed at the time of termination, as well as any liability measures, which, by nature are applicable even after the termination of the Contract.

5.3. In the event of a change in the requisites, the Parties shall notify each other of this fact within 14 days.

5.4. Neither Party is entitled to assign rights and/or obligations under the Integrated Smart Services Agreement without the written consent of the other Party. This provision does not prohibit the Executor from involving third parties in the execution of the Contract, remaining fully responsible to the Client.

5.5. The modification of the Contract for the provision of integrated intelligent services is carried out in writing, with the signature of both Parties.

6. LIABILITY OF THE PARTIES

6.1. Each of the Parties bears the liability established by law for non-execution or improper execution of contractual obligations.

6.2. The Executor's liability related to the Client's claims regarding the correctness or timeliness of the consultations and recommendations offered is limited, in any case, to twice the value of the respective Service, paid by the Client.

6.3. The executor does not guarantee the continuity or absolute infallibility of the provision of the Services. The executor takes all reasonable measures to avoid interruptions and errors. The Executor is not liable for full or partial interruptions in the provision of Services, related to the replacement of equipment, software products or the performance of other works, caused by the need to maintain the functionality of the Executor's technical means, provided that the Client is notified at least 8 hours in advance. The Executor is not liable to the Client for the retention of works, the impossibility of fully exploiting the Executor's own resources or for the loss of the Client's data, which were directly or indirectly caused by the actions of third parties and/or the incapacity of channels and means of informational transport, which exceed the Executor's own resources, by the disconnections of electricity or for other circumstances, which do not depend on the will of the Executor. Since the Internet network is a voluntary union of different networks, the Executor is not responsible for the normal operation and accessibility of separate segments of the Internet network. The executor does not guarantee the possibility of exchanging information with those junctions or servers, which are temporarily or permanently inaccessible through the Internet network. Since the Internet network is a voluntary union of different networks, the Executor is not responsible for the normal operation and accessibility of separate segments of the Internet network. The executor does not guarantee the possibility of exchanging information with those junctions or servers, which are temporarily or permanently inaccessible through the Internet network. Since the Internet network is a voluntary union of different networks, the Executor is not responsible for the normal operation and accessibility of separate segments of the Internet network. The executor does not guarantee the possibility of exchanging information with those junctions or servers, which are temporarily or permanently inaccessible through the Internet network.

6.4. The executor is not liable for those damages of the Client, which could not reasonably be foreseen as a result of the breach of obligations under this Agreement, as well as for the income lost by the Client. In particular, the Executor is exonerated from liability for interruptions in operation, loss of the Client's information, sanctioning of the Client for delays and the like, related to the use or impossibility of using the Services, even when the Executor was previously informed about the possibility of such a loss.

6.5. In case of impossibility of providing the ordered Services, due to the Client's fault (failure to ensure access to the Objects, failure to provide the necessary information), the Client pays the cost of the Services in proportion to the time/resources consumed by the Executor for the provision of this Service. The executor is not responsible for the quality of the communication channels of general use, through which access to the Service is achieved.

6.6. The customer is responsible for the confidentiality of his password when registering on the Service Site and for damages that may occur due to unauthorized use of the password. Following the evasion of the information regarding the record entry, which occurred due to the fault of third parties, the Client will send the Executor the declaration of replacement of the record entry, the Executor is not responsible for the actions of third parties, which led to the unauthorized use of the Services under the "on -line" until the moment of receiving the Customer's statement. The new password will be communicated to the Customer upon his written request or to the Customer's contact email address.

6.7. The Client bears full responsibility towards the Executor for presenting false information regarding the ownership of the Objects, for using the Services in the "on-line" regime, as well as for using the conclusions or recommendations communicated by the Executor as a result of the provision of the Services, for any illegal purposes, such as be: unauthorized access to computer information (information stored in computers, on machine-readable media, in computer systems or networks), destroying, damaging, modifying or blocking networks, copying or deleting information, disrupting the operation of computers, computer systems or networks, the spread of programs or information, which affects the operation of information carriers, data processing means, or that harms the security system, violation of information system security rules, etc. In the event of the occurrence of the circumstances indicated in this point, the Client is obliged to fully compensate 4 the damages thus caused to the Executor, including material sanctions, applied to the Executor by third parties, as well as to assume the risk for possible damages caused to third parties, and to pay the Executor fine for each case of violation, in the amount of 6200 lei. The executor is not liable for any damages caused to third parties by the actions or inactions of the Client. The Client is obliged to fully compensate 4 the damages thus caused to the Executor, including material sanctions, applied to the Executor by third parties, as well as to assume the risk for possible damages caused to third parties, and to pay the Executor a fine for each case of violation, in the amount of 6200 lei. The executor is not liable for any damages caused to third parties by the actions or inactions of the Client. The Client is obliged to fully compensate 4 the damages thus caused to the Executor, including material sanctions, applied to the Executor by third parties, as well as to assume the risk for possible damages caused to third parties, and to pay the Executor a fine for each case of violation, in the amount of 6200 lei. The executor is not liable for any damages caused to third parties by the actions or inactions of the Client.

6.8. The executor is not liable for possible damages caused to the Client, due to the unauthorized use by third parties of the information communicated to the Client as a result of the provision of the Services.

6.9. The executor is not responsible for direct and indirect risks related to the exploitation of the Internet network and which do not depend on the executor.

6.10. Apart from the Services specified in this Agreement, the Executor does not provide the Client and does not control the information, services and products in the Internet network.

6.11. The Executor is not liable for any expenses of the Client, which are the direct or indirect result of transactions through the Internet network or the damage caused to the Client as a result of such transactions. All responsibility for assessing the accuracy, completeness and usefulness of any opinions, services or other information, quality or characteristics of goods, delivered via the Internet, is borne by the Customer.

6.12. The additional measures of liability of the Parties based on the Agreement for the provision of integrated intelligent services for the non-execution or improper execution of the contractual clauses are indicated in the text of the Agreement and its Annexes.

7. FORCE MAJEURE CIRCUMSTANCES

7.1. Upon the occurrence of force majeure circumstances, which caused the impossibility of the proper execution of the contractual obligations, the respective Party is released from liability for the non-execution of such obligations. If the action of force majeure is temporary, the term of execution of the respective contractual obligations will be extended according to the period of action of force majeure.

7.2. Notification of force majeure circumstances shall be sent by the affected Party to the other Party within two days of the occurrence of the force majeure. Otherwise, the affected Party shall be liable for damages caused to the other Party by the late notification.

8. CONTRACTUAL NOTICES

8.1. Notices, communications, claims, requests and other official materials shall be sent between the Parties as follows:

8.1.1. from the Executor to the Client – ​​by e-mail to the Client's electronic contact address and through the Executor's World Wide Web server ( https://hythost.com );

8.1.2. from the Client to the Executor – in written form by fax or registered mail, unless otherwise established in the respective Annex for each specific category of services.

9. OTHER PROVISIONS

9.1. If any point of the Integrated Smart Services Agreement proves to be unenforceable literally, it will be interpreted in accordance with the law in force, taking into account the original interests of the parties, and the remaining part of the Agreement will continue to apply produces full effects. The nullity of one or more provisions of this Contract does not lead to the general nullity of the Contract.

9.2. The established practice of the conduct of the Parties cannot be the reason for changing the provisions of the Agreement for the provision of integrated intelligent services.

9.3. Failure by the Executor to exercise any contractual clause does not mean the waiver of the rights provided by this clause.

9.4. Any actions of the Client or their consequences, which, in the opinion of the Executor, may lead to the deprivation of or limitation of the possibility of benefiting from the services of the Executor for another client (natural or legal person), are inadmissible and constitute grounds for the termination of the Agreement for the provision of intelligent services integrated.

9.5. The executor has the right to refuse the provision of the Service to the Client, provided that this refusal is justified, in the following cases: The provision of the Service may create risks for the security and defense capacity of the state, the health and safety of individuals; The provision of the Service is not possible, given certain physical, topographical and other natural impediments; The Customer uses or intends to use the Service for illegal purposes.

10. APPLICABLE LAW

10.1. These conditions and the Contract for the provision of integrated intelligent services are drawn up and regulated by the legislation of the Republic of Moldova.

10.2. In the event of disputes, the Parties will make every effort to resolve the dispute through negotiations. Otherwise, the disputes will be submitted for examination to the courts at the location of the Executor.

11. Refund Policy

11.1. The money is not refunded and you are responsible for any payment made, for any payment not paid on time or refused but there is an exception, if you have a death in the family we can make a return of your money. For this it will be necessary to provide proof of death in your family provided by your state. We can also provide a refund if fraud has been committed, but you will need to provide us with evidence related to this subject to prove it.

12. PRIVACY POLICY

12.1. The confidentiality of customer data is very important to us. HytHost respects and protects its customers. The way of using the information provided by the customers is presented below. If updates to the privacy policy are made, they will be posted on this page.

12.2. In the event of disputes, the Parties will make every effort to resolve the dispute through negotiations. Otherwise, the disputes will be submitted for examination to the courts at the location of the Executor.

We can modify any information on the hythost.com website at any time and without prior notice, including the Terms and Conditions, without notice.

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