Terms of Use

Last updated 16.08.2023
This User Agreement (hereinafter, the “Agreement”) governs the relationships between a Servercore Group company (hereinafter, the “Contractor”) and you, an unlimited number of individuals and legal entities wishing to use services and functionality offered by the Contractor (hereinafter, “you”, the “Client”, the “Customer”).
You must carefully read this Agreement, which outlines the general terms and conditions (in accordance with the laws of the Contractor according to the Exhibit “About Servercore Group” to the Agreement). If you register an Account by clicking the link – my.servercore.com, it shall be understood that you have fully read and entirely and unconditionally accept the Agreement in accordance with the laws of the Contractor according to the Exhibit to the Agreement, and confirm the conclusion of this Agreement by the Parties as well as your intention to use the Contractor’s services and functionality. If you do not accept this Agreement or disagree with any of the terms or conditions stated herein, please, refrain from registering an Account. If the Contractor has made any amendments to the Agreement that you do not accept, you must discontinue using the Contractor’s services.

TERMS AND DEFINITIONS

This Agreement may use terms that are not defined in this section. In this case, such terms shall be construed according to the applicable laws. If the laws do not define a term, its scope and content shall be determined according to established practice, based on the lexical meaning of the term.
Registration Data – information entered by the Client, such as the country of residence and other data related to the Client and determining the country of its residence.
Exhibit “About Servercore Group” – an integral part of the Agreement that defines, based on Registration Data:

The Servercore Group company, with which you conclude this Agreement and which is the Contractor,
The laws, under which you conclude the Agreement,
Agreement clauses conditioned on the applicable laws;
A list of other Servercore Group companies.

Ticket System – a system for exchange of messages between the Client and the Contractor by means of sending/receiving requests via the electronic form available in the Account.

Account – information (credentials) meant for the identification of the Client in the course of the services. The Client’s credentials shall be: the user email (login), a password to access the Account (password).

Client Account, Client Balance – an Account record reflecting financial arrangements between the Contractor and the Client. The Client Account shall be increased by the amount of payments transferred by the Client to the Contractor for the prepayment of the services and functionality provided by the Contractor to the Client, and shall be decreased by the cost of the services and functionality selected and enabled by the Client.

Bonus Balance (Service Bonus Balance) – an Account record reflecting financial arrangements between the Contractor and the Client in the form of bonuses. The Bonus Balance shall be replenished by the Contractor under promotional offers and crediting of compensations for violation of the service level. The Bonus Balance shall be decreased by the cost of the services provided by the Contractor.

Terms of Use of Individual Services, Terms of Use – supplements to this Agreement concerning the procedure for the use of certain services, outlining, inter alia, the terms and conditions of service level agreements (SLA). In all respects not mentioned in the Terms of Use of Individual Services, relationships between the Client and the Contractor shall be governed by the Agreement.

Notification Centre – an Account interface element displaying notifications to the Client, specifically, of changes in documents, sale and promotional events, information about scheduled operations, other offers.

1. SUBJECT-MATTER

1.1. The subject-matter of the Agreement shall be the use by the Client of the Contractor’ services and functionality, including hosting and other related services, or provision by the Contractor of access to services of third-party service providers, including Servercore Group companies (hereinafter, the “Services”). The Contractor shall provide the Services to the Client in accordance with the Agreement, subject to the Terms of Use of Individual Services. A full list of the Services may be found in the Terms of Use as well as on the Contractor’s Website.

1.2. The Contractor may grant access to, and the Client may order, Beta Services. Beta Services shall be provided in the test mode for the purpose of collecting data on their functionality and shall not be payable by the Client. When providing Beta Services, the Contractor shall not be liable for their quality, and the Terms of Use shall not apply to Beta Services.

1.3. A third-party provider of the Services shall be determined according to the Terms of Use and/or the region of provision of the ordered Services, specified in the Account. A third-party service provider from the Servercore Group shall be determined according to the Region.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. Rights and Obligations of the Contractor

2.1.1. The Contractor shall provide access to the Account by a secure protocol and only after identification of the Client.

2.1.2. The Contractor may request a confirmation of the information specified in the Account and/or additional information, in particular:

for individuals – a scanned copy of the Client’s identity document and/or document containing the Client’s address (utility bill or bank statement), a photo of the Client holding such documents in hand.
for individual entrepreneurs – a scanned copy of the Client’s identity document and/or document containing the Client’s address (utility bill or bank statement), a photo of the Client holding such documents in hand; a scanned copy of the document confirming the individual entrepreneur status.
for legal entities – a scanned copy of the document confirming the legal entity status and a constitutional document.

After information has been provided, in case of changes in the presented documents, the Client shall notify the Contractor thereof no later than five (5) business days from the date of respective changes in the documents, and furnish scanned copies of the said documents.

2.1.3. The Contractor shall, no less than 72 hours in advance, advise the Client of scheduled maintenance or power outage periods that make it impossible to use the Services. Service interruptions for the specified reasons shall not be subject to compensation.

2.1.4. The Contractor may suspend the provision of the Services and/or block access to the Account:

After information has been provided, in case of changes in the presented documents, the Client shall notify the Contractor thereof no later than five (5) business days from the date of respective changes in the documents, and furnish scanned copies of the said documents.
2.1.3. The Contractor shall, no less than 72 hours in advance, advise the Client of scheduled maintenance or power outage periods that make it impossible to use the Services. Service interruptions for the specified reasons shall not be subject to compensation.
2.1.4. The Contractor may suspend the provision of the Services and/or block access to the Account:

Suspension of the Services until the Client complies with the Contractor’s demands to remedy violations shall not exempt the Client from its duty to fulfill all of its obligations, shall not be regarded as an interruption of the Services, and may not be deemed as breach by the Contractor of its obligations.

In case of repeated breach, and also if, during the period of suspension of the Services, the Client fails to remedy violations within the term set by the Contractor, the Contractor may extrajudicially repudiate the Agreement and delete all of the Client’s data.

2.1.5. For the purpose of verifying the compliance with security requirements, the Contractor reserves the right, without limitation, to periodically scan public services hosted on resources owned or used by the Client, by using dedicated software, as well as to implement other measures as are available for the Contractor.

2.1.5.1. For the purpose of implementing measures aimed at preventing network and information security incidents and counteracting various network attacks, in particular, distributed denial-of-service (DDoS) attacks with respect to public IP addresses, the Contractor may, at any time, with a prior notice to the Client, impose restrictions, in particular, block ports or restrict access to an IP address, limit the bandwidth of the services that may be used for UDP-based amplification attacks, or reduce the usability of such services. A full list of blocked ports and other restrictions may be found in the Terms of Use.

2.1.6. The Contractor may remove all information processed by the Client on the Contractor’s equipment and with the use of the Contractor’s Services in case of termination of the Agreement and / or in case of non-payment for the Services.

2.1.7. With no prior notice, the Contractor may limit the bandwidth if, in the Contractor’s reasonable opinion, by using the Services within the existing bandwidth the Client may impair the functionality of equipment of the Contractor or its customers.

2.2. Rights and Obligations of the Client

2.2.1. The Client shall pay for the Services at the timings and on the terms specified in the Agreement, according to the rates and other agreements made between the Parties.

2.2.2. The Client shall assist the Contractor in the investigations of the causes of unscheduled service interruptions, violation of security requirements, and suspected breach of the terms hereof.

2.2.3. The Client shall maintain Account confidentiality. The Client shall entirely bear the risk of the impossibility of logging in to the Account or of logging in to the Account of an unauthorized person.

2.2.4. The Client shall take measures to remove vulnerabilities detected during checks of security requirements.

2.2.5. The Client shall monitor security and up-to-dateness of the hardware and software in use, and abide by the terms of use of software.

2.2.6. The Client shall only install licensed software on the Contractor’s hardware and shall be solely liable for its installation and use.

2.2.7. The Client shall, at its discretion, monitor the safety and integrity of information and, where necessary, provide in a timely manner for backup of the data placed with the use of the Contractor’s Services.

2.2.8. The Client shall not cause damage to the Contractor’s equipment. In case of disputes between the Client and the Contractor when establishing a causal connection between the Client’s actions and the damage inflicted upon the Contractor, the Contractor reserves the right to engage at its discretion competent authorities and/or organizations as experts. Costs on expert examinations shall be reimbursed by the Parties depending on the expert findings. In case of the Client’s misconduct, the Contractor may unilaterally order to collect such costs, including expert examination costs, from the Client Account.

3. SERVICES ORDERING AND PROVIDING PROCEDURE

3.1. The Client shall select available characteristics/configurations and order the Services via the Account. Where necessary, the Contractor shall request other specific information for enabling a respective Service. To start using the Services, it shall be necessary to replenish the Client Balance.

3.2. Where technically feasible, the Client shall select at its discretion the Services region – the territory where the infrastructure, under which the Services are provided, is located.

3.3. Unless otherwise specified in the Terms of Use, a Service shall be provided from the moment it is enabled by the Contractor.

3.4. In the event it is technically impossible to provide a Service, the Contractor shall advise the Client thereof by stating reasons why the Service cannot be provided on time and by specifying the scheduled date of commencement of the Service.

3.5. The Client shall independently use the Services by means of remote access thereto through public communications networks, install at its discretion and set up appropriate software, if such possibility is provided by the ordered Service.

3.6. The Client shall independently change the Service characteristics/configurations if technically feasible, otherwise the Client may contact the Contractor in the Ticket System.

4. COST OF SERVICES, ACCOUNTING AND PAYMENT PROCEDURE

4.1. The cost of the Services and the payment currency shall be published on the Contractor’s Website. The Client acknowledges that it has read and accepts the set rates. Prices shall include applicable taxes, unless expressly stated otherwise on the Website.

4.2. The Client shall pay for the Services at the indicated prices, without deduction and withholding of taxes.

4.3. Where technically feasible, the Customer has the right to activate automatic replenishment of the Client Balance at its choice in the Account (hereinafter referred to as “Automatic Balance Replenishment”), specifying and saving the bank card data for automatic debiting, the amount of payment for each of the selected balances, the date of the next debiting or the amount threshold for each of the selected balances, upon reaching which the next debiting will occur. When saving bank card data for quick payment and subsequent quick payment or activating Automatic Balance Replenishment, the Customer agrees to accept-free automatic debiting of funds from the Customer’s bank account. Automatic Balance Replenishment may be deactivated and bank card data may be deleted by the Customer independently in the Account.

4.4. Money for the Services shall be debited from the Client Account on the basis of the data on the volume of the actually consumed Services, obtained with the use of the Contractor’s equipment, and on the basis of the Client’s order of the Services.

4.5. Unless otherwise stipulated in the Agreement or the Terms of Use, the Services shall be paid for in advance. The Client Account may be replenished in any way selectable in the Account, including on the basis of the invoice (bill). The invoice (bill) shall be made out by the Client on its own in the Account. The Services shall only be provided if the Client’s Balance is positive.

4.6. Issuance of reporting documents for the Services rendered, and the possibility of payment for the Client by a third party shall be as per Exhibit 1.

4.7. If the Client cancels the Services prior to the expiry of the paid period, the Contractor shall refund the prepaid sums of money to the Client Balance for complete unused periods only.

4.8. The Contractor may unilaterally change the rates and the terms of the Services provided that the Client is notified thereof at least fifteen (15) calendar days prior to such change. In case of its disagreement, the Client shall discontinue using the Services.

4.9. Payment shall be deemed as confirmed upon receipt of appropriate information from the Contractor’s bank.

5. TERMINATION OF SERVICES

5.1. Unless otherwise specified in the Agreement and the Terms of Use, the Client may cancel at its discretion the Services in the Account.

6. REQUIREMENTS TO THE USE OF SERVICES AND INFORMATION SECURITY

6.1. The Client shall prevent unauthorized access to the software in use and not allow the resources owned by the Client or provided by the Contractor to be used for attempted unauthorized access to other Internet resources. In particular, the Client shall prevent situations when:

email messages are sent from addresses that do not belong to the Client’s network (domain);
software uses default passwords;
there are outgoing packets with a wrong source address (IP source address);
there are outgoing domain name system (DNS) packets with intentionally corrupted data;
there is malicious software;
software specifically designed for unauthorized access to information is present and/or operating.

6.2. The Contractor may provide for automatic traffic filtering with the aim to block sending of traffic with faked IP and MAC addresses.

6.3. The Client shall not use the Services and the Contractor’s equipment for causing damage to the Contractor, its customers, or third parties, breaching the applicable laws, or assisting such breach. Such actions (omission) of the Client may include, but are not limited to:

6.3.1. actions of the Customer that violate the provisions of the current legislation, contrary to the prescriptions of the executive authorities and local acts applicable to the Parties;

6.3.2. actions of the Client aimed at disrupting smooth operation of the local network or Internet elements (computers, other hardware or software), which do not belong to the Client;

6.3.3. failure by the Client to comply with orders/regulations of competent authorities;

6.3.4. actions (omission) of the Client that entail losses for the Contractor or third parties;

6.3.5. disruption of smooth operation of the Internet elements (computers, other hardware or software), which do not belong to the Client;

6.3.6. storage, publication, transfer, reproduction, distribution in any manner, use in any form of software or other protected intellectual property and means of individualization, without obtaining the owner’s permission;

6.3.7. failure by the Client to provide a response to the Contractor to a complaint received from third parties about violation of their intellectual rights by the Client within fourteen (14) calendar days from the date of receipt of such a complaint by the Client. The Client’s response shall contain explanations to the third party’s demands stated in the complaint, otherwise, the Client’s response to the received complaint shall be deemed as not provided to the Contractor;

6.3.8. storage, publication, transfer, reproduction, distribution in any manner, use in any form of software or other content containing viruses and other malicious components;

6.3.9. actions that directly or indirectly imply bulk mailing or facilitation of bulk mailing and other messaging (if such actions are detected, the Services to the Client shall be automatically limited);

6.3.10. dissemination, publication, or other processing of information that contravenes the requirements of the applicable laws of the Russian Federation, violates third-party rights;

6.3.11. advertising of services, goods, other items, whose distribution is restricted or prohibited by the applicable laws;

6.3.12. falsification of the technical details, provided by the Contractor, when transmitting data over the Internet;

6.3.13. use of non-existent return addresses when sending emails and other messages;

6.3.14. actions aimed at obtaining unauthorized access to hardware or an information resource that does not belong to the Client, subsequent use of such access, as well as destruction or modification of software or data that do not belong to the Client, without securing consent of the owners of such software or data or the administrator of such information resource. Unauthorized access shall imply access in any manner other than that intended by the resource owner;

6.3.15. actions relating to sending to third party computers or equipment meaningless or useless information that creates excessive (unwanted) traffic on such computers or equipment, including intermediate network sections, which exceeds the minimum volumes necessary for checking network connectivity and availability of individual network elements;

6.3.16. scanning of network nodes for the purpose of detecting the internal network structure, security vulnerabilities, lists of open ports, etc., without securing express consent of the owner of the resource scanned;

6.3.17. violation of data security requirements, which jeopardizes operation of other (not belonging to the Client) resources of a local or global computer network;

6.3.18. use of default passwords in software;

6.3.19. use of outdated and/or vulnerable mail server software;

7. COMPENSATION PAYMENT PROCEDURE

Guaranteed availability – an individual percentage of the Service availability per month, set for each of the Services.

7.1. Table No. 1
unless specified otherwise:

‍

Non-compensable downtime

Unavailability of the Services
due to failure of the
Contractor’s infrastructure.

‍

Downtime due to failure.

‍

7.2. If the Service availability in a calendar month fails to match the Guaranteed Availability for the respective Service, set in the Terms of Use, the Contractor shall provide compensation according to the procedure outlined below, unless otherwise specified in the Terms of Use.

7.3. Periods of emergency and scheduled maintenance shall not be deemed as periods of the Service unavailability.

7.4. Compensation shall be calculated individually for each Service, based on the total unavailability in the month. The compensation percentage shall apply to the calculation base, which shall be equal to the amount debited for the provided Service for the month.

7.5. The Service unavailability (downtime) shall be determined as the interval of time between the moment when a message is sent via the Ticket System to the Contractor’s helpdesk and the moment when recovery operations are completed by the Contractor.

7.6. Compensation shall be determined as bonuses credited by the Contractor solely to the Bonus Balance. Bonuses shall be granted and used in the month following the month, in which a Service was unavailable, provided that a message stating downtime and requesting compensation was sent via the Ticket System.

7.7. No bonuses shall be granted for downtime due to force majeure and other circumstances that occurred through no fault of the Contractor. No bonuses shall be granted for downtime due to actions (omission) of the Client.

7.8. Within the first ten (10) business days of the calendar month following the reporting one, the Contractor shall calculate compensation, or refuse to provide compensation if a Service was unavailable for reasons outside the control of the Contractor or if its unavailability was scheduled by the Contractor and the Client was advised thereof.

7.9. If the Contractor has its own data on the commencement of downtime and such data indicate that downtime commenced earlier than the Client sent a message via the Ticket System, the Contractor may use such data. Discrepancies concerning downtime shall be resolved through negotiations between the Parties in the Ticket System.

7.10. Once the Contractor decides to provide or to refuse to provide compensation, the Contractor shall advise the Client thereof.

7.11. If no message has been sent via the Ticket System and if the Contractor does not have its own data on the commencement of downtime, the Service shall be deemed as available and no compensation shall be provided.

7.12. The maximum amount of compensation shall be bonuses in the amount of the cost of the Service for the preceding month. Compensation may not be in the form of payment of money and may not be credited to the Client’s account. Compensation shall in no event exceed the amount paid by the Client for a month of using the Service.

7.13. In case of loss of/damage to data as a result of emergency through the fault of the Contractor, compensation in the amount of the cost of the Service for 1 month shall be provided to the Client. Compensation shall be provided in the manner as set out in this section.

8. CONFIDENTIALITY

8.1. The Parties hereby acknowledge that confidential information exchanged between the Parties in preparation of and after the conclusion of this Agreement shall be deemed as confidential information, valuable for the Parties and not subject to disclosure since such information is a business and/or trade secret, is of actual and potential commercial value due to its non-public nature, and is not freely legally accessible. Any information communicated via the Ticket System or by email and/or obtained reduring visits of the Client’s representatives to the Data Centre shall be confidential. In the Contractor’s Data Centre, it shall be prohibited to take photographs or videos without securing the Contractor’s written consent.

8.2. The Client gives its consent to the disclosure of the fact of the Client’s cooperation with the Contractor, the Client’s use of specific Services, and authorizes the Contractor to publish the Client’s firm name, business name and trademarks in public sources and on the Contractor’s Website. Such use shall not imply disclosure of other details of cooperation. The Contractor shall notify the Client of the disclosure of the fact of cooperation and publication of the Client’s firm name, business name and trademarks, thirty (30) calendar days prior to such disclosure and/or publication, using the Ticket System and/or email and/or phone.

8.3. The information mentioned in Clause 8.1 may not be published or transferred to third parties without the other Party’s written consent, during the term of this Agreement and also during five (5) years from termination hereof for any reason.

8.4. Each Party shall take all reasonable measures as may be necessary and appropriate for preventing unauthorized disclosure of confidential information. In doing so, the measures taken shall be no less substantial than those taken by a Party to protect its own information of this kind.

8.5. The Contractor may only disclose information about the Client in accordance with the applicable laws.

8.6. In case of breach of the confidentiality requirements stipulated herein, the Contractor may unilaterally refuse to continue providing the Services to the Client, as from the date such breach is detected, and also demand compensation of losses incurred as a result of the Client’s breach of the confidentiality requirements.

9. LIABILITIES OF THE PARTIES

9.1. The Parties shall be held liable for improper performance of the Agreement in accordance with the applicable laws, subject to the terms and conditions stipulated herein.

9.2. The Contractor shall ensure uninterrupted operation of its equipment used in the provision of the Services, save during scheduled maintenance, operations in response to failure of hardware or software, and also when the Contractor’s own resources cannot be used to the full extent due to actions or omission of third parties and/or failure of traffic channels, as well as in case of emergency or force majeure. In case of unscheduled power outage or emergency, the Contractor shall immediately proceed to troubleshooting and, where practicable, notify the Client of unscheduled outages.

9.3. The Client assumes full responsibility and all risks in connection with the use of the Internet through resources and/or the Services of the Contractor.

9.4. In case of claims and/or lawsuits field to the Contractor by third parties as well as by rightholders (in cases on the protection of exclusive rights to items illegally placed on the Website(s) of the Client and/or the Client’s customers), the Contractor may join the Client to the case as a co-defendant, and also demand reimbursement of court fees and losses on a recourse basis if monetary funds are charged from the Contractor for breach of the applicable laws, committed by the Client. Furthermore, the Contractor may demand reimbursement of losses on a recourse basis if the Client breaches license terms when using software rented from the Contractor.

9.5. The Client shall be solely responsible for the content of the information processed with the use of the Services, transmitted by it or other person under its network credentials over the Internet and own resources of the Contractor, for the reliability of such information, freedom from third-party claims, lawfulness of its dissemination, and personal or property damage caused by its acts (personally by it or by other person under its network credentials) to individuals, legal entities, the state, or morals of society.

10. DISCLAIMER

10.1. The Contractor shall not be liable for the Client’s illegal actions.

10.2. The Contractor shall not be liable for violation of third-party rights due to actions of the Client with the use of the Services provided by the Contractor.

10.3. The Contractor’s liability for losses incurred in connection with the performance of the Agreement shall in no event exceed the amount of the monthly fee for the Services provided under the Agreement.

10.4. The Contractor provides no warranties that the software obtained by means of the Services provided or any other content are free of viruses and other malicious components, and shall not be liable for direct or indirect damage incurred to the Client as a result of errors, omission, interruptions, delays in operation, deletion of files, and other defects during data transmission. 

10.5. The Contractor shall not be liable to the Client:

10.5.1. For any losses incurred by the Client due to disclosure, loss of or inaccessibility by the latter to its credentials. Any person using the account of one of the services required for the identification of the Client for authorization in the Account shall be deemed as its representative acting on behalf of the Client.

10.5.2. For loss of expected gain and lost profits as well as for any consequential losses incurred by the Client during the period of use or non-use of the Contractor’s Services.

10.5.3. For the smooth running of the Internet or parts thereof, as well as for their availability to the Client, unless otherwise expressly stipulated by the Agreement.

10.5.4. For any information, product or Service received through the Internet, specifically, if they are placed on the Contractor’s own resources.

10.5.5. For the quality, accuracy of and absence of malicious components in the software used on the Contractor’s servers and other Internet resources or offered to the Client, unless such has been developed by the Contractor itself, or if the Client is using equipment without mandatory licenses and certificates.

10.5.6. For delays, malfunctioning, and inability to use to the full extent the Contractor’s own resources caused, directly or indirectly, by actions or omission of third parties and/or failure of traffic channels outside the Contractor’s own resources.

10.5.7. For any illegal acts of third parties.

10.5.8. For the content of data nodes created and supported by the Client or users, without being responsible for any precensorship. Where appropriate, following breach by the Client of the Agreement and/or the laws, the Contractor shall have the right to block, modify, and delete the content of information resources of the Client or its users.

10.5.9. For the integrity of information placed by the Client with the use of the Contractor’s Services, unless the contrary is provided for in the Agreement.

10.5.10. To the Client and/or third parties, for placement and/or use by the Client of any software and its components in the course of the provision of the Services by the Contractor.

10.5.11. For breach by the Client of any license requirements and agreements.

10.6. The Contractor shall not be liable for the content of the information transmitted by the Client over the Internet and the Contractor’s own resources. The Contractor shall not monitor the content of the information stored, published or disseminated by the Client with the use of the Services provided, and shall bear no liability for the accuracy, quality and content of such information.

11. WARRANTIES AND REPRESENTATIONS

11.1. The Client represents that at the time of the Account registration the Client furnished to the Contractor true data on the Client.

11.2. The Client shall ensure that the Client data are up-to-date and shall notify the Contractor of changes in such data within five (5) business days from such changes.

11.3. The Client represents that it has no intention to use the Contractor’s Services for illegal purposes.

11.4. For the conclusion and performance hereof, the Client has obtained all necessary consents, approvals and authorizations, as are required to be obtained in accordance with the effective applicable laws, constitutional documents, and local regulations.

11.5. As at the date of conclusion, the person concluding the Agreement in the name and on behalf of the Client is fully authorized to do so.

11.6. There exist no laws or regulations, bylaws or individual acts, local documents, court orders, including orders and decisions of foreign courts, foreign and international agencies, and/or decisions of governing bodies, that would prohibit the Client or limit its rights to conclude and perform the Agreement.

11.7. The Client represents that it holds duly executed licenses, certificates and other permits and authorizations as may be necessary for conducting its activity, if its activity is subject to certification and/or licensing in accordance with the applicable laws. In the absence of required certificates and licenses, the Contractor shall not be liable for the Client’s use of equipment in violation of the applicable laws.

12. FORCE MAJEURE

12.1. The Parties shall not be liable for delays in the fulfillment of or for failure to fulfill the obligations under the Agreement if delays or failure is due to force majeure. Force majeure shall include (but is not limited to): war, hostilities, riot, sabotage, strike, fire, explosion, flood or other acts of God, enactment of prohibitive acts by public authorities, constituent entities or local government bodies, acts of foreign states and international authorities, particularly, decisions to impose sanctions with respect to the Parties to the Agreement, and other circumstances in accordance with the applicable laws.

12.2. Immediately after learning about the occurrence of any circumstances that delay or otherwise impede the performance of the Agreement, the Parties shall notify one another thereof in writing.

12.3. The Parties shall not be liable for any losses as well as for costs in connection with claims or demands of third parties, which may arise as a result of force majeure.

12.4. Should force majeure that causes material breach of or default on the obligations hereunder continue for more than thirty (30) calendar days, either Party has the right to terminate the Agreement after giving to the other Party a prior, five (5) business days in advance, written notice of its intention to terminate the Agreement.

13. DURATION, AMENDMENT AND TERMINATION

13.1. This Agreement shall be for a term of one year and shall come into force as from the date the terms of this Agreement are accepted (the date of acceptance) by the Client. The Agreement shall be deemed as extended for one year unless thirty (30) calendar days prior to the expiration hereof one of the Parties declares in writing termination hereof. The Agreement may be extended for an unlimited number of times.

13.2. The Contractor may unilaterally amend the Agreement. In case of amendments to the Agreement, the Contractor shall notify the Client fifteen (15) calendar days prior to the effective date of the said amendments. Amendments shall take effect 15 calendar days from the date of the notice. If the Client does not accept the amendments made, the Client may unilaterally cancel the Services by giving a written notice of its intention to terminate the Agreement within ten (10) calendar days from the date of the notice; in such case, the Agreement shall be terminated as from the effective date of the amendments. If no written refusal to accept the amended terms of the Services is received by the Contractor from the Client within ten (10) calendar days from the date of the notice, the amended terms shall be deemed as accepted by the Client.

13.3. Either of the Parties may terminate this Agreement by giving to the other Party a written notice thereof. The Agreement shall be deemed as terminated thirty (30) calendar days from receipt of the said notice. In case of termination of the Agreement due to breach hereof by the Client, the Contractor may set another term of termination hereof. Upon termination hereof, the Client shall pay the entire outstanding amount for the Services provided.

13.4. Also, the Contractor may unilaterally terminate the Agreement on an extrajudicial basis with a notice to the Client at any time after it becomes aware that

any liquidation, winding-up, bankruptcy or any other similar procedure or measure becomes possible with respect to the Client (including, without limitation, appointment of a receiver, trustee, insolvency officer, liquidator, or other similar officer), which entails exemption or other reduction of the Client’s liability or obligations;
the Client is subject to any procedure or measure that has been introduced or is being implemented with the aim to prevent insolvency or bankruptcy;
the Client acknowledges its inability to pay its debt that falls due.

The Agreement shall cease to be effective on the date of termination hereof, stated in the notice.

13.5. Termination of this Agreement for any reason shall not release the Client from its duty to fulfill all monetary obligations stipulated by this Agreement and/or Addenda hereto.

14. DISPUTE SETTLEMENT PROCEDURE

14.1. In case of any disputes or controversies arising between the Client and the Contractor in connection with the Agreement or fulfillment or non-fulfillment by either Party of the obligations hereunder, the Parties shall endeavour to settle them through negotiations between their authorized representatives.

14.2. A pre-action protocol for resolution of disputes shall be mandatory. Claims shall be accepted in writing, given their validity, i.e., a claim sent by the Client to the Contractor shall contain a reference to the Agreement clause, an article of the law, or other regulatory act, which, in the Client’s opinion, has been violated by the Contractor. The Party that receives a claim shall answer it within 10 (ten) business days from the date of its receipt.

14.3. Disputes that cannot be settled through negotiations and on the pre-action basis shall be resolved in accordance with the effective applicable laws according to the Exhibit “About Servercore Group”.

15. EXCHANGE OF MESSAGES

15.1. The Parties shall exchange messages, including legal communications, via the Ticket System.

15.2. The Contractor may also notify the Client by publishing information on the Contractor’s official Website and/or in the Account, by sending information to the email specified by the Client. 

15.3. The risk of non-receipt by the Client of messages sent by the Contractor by any of the aforesaid means shall be on the Client, in particular, in case of refusals to read letters and messages, including those received via the Ticket System, and the like.

15.4. In case of changes in details, the Parties shall notify one another thereof within 10 days. The Client shall notify the Contractor by sending a notice via the Ticket System, and the Contractor – by publishing respective information on the Contractor’s Website and/or by sending a notice by email, and/or via the Ticket System.

15.5. The Parties shall deem as binding messages and documents exchanged via the Ticket System, on an equal basis with documents made in simple written form. An exception to this rule shall be this Agreement and documents required for accounting and tax accounting purposes.

15.6. In the event the Parties have suspicions about receiving and (or) sending messages by email and other operations relating to the use of the Contractor’s interfaces, reliable proof of the aforesaid shall be the data recorded by the Contractor.

16. FINAL PROVISIONS

16.1. Neither Party may transfer its rights and obligations under the Agreement without obtaining the other Party’s prior written consent, except where the Services are provided to the Client by third-party service providers, with which the Contractor has made appropriate contracts/agreements.

16.2. If one or several provisions of the Agreement appear for some reason to be invalid, unenforceable, such invalidity shall not affect the validity of the Agreement in its entirety or the validity of any other provision hereof, which shall continue in force.

17. PERSONAL DATA

17.1. It is prohibited for the Client to use the Contractor’s Services for the purpose of collecting and storing data obtained in violation of the applicable data protection laws.

17.2. The Client confirms its compliance with the requirements of applicable legislation concerning the protection of personal data (Data Protection Laws).

17.3. The Client shall ensure the collection of consents to the processing of biometric and special categories of personal data (data concerning race, ethnicity, political opinions, religious or philosophical beliefs, health, private life) in accordance with Data Protection Laws (including laws of the country of the Client’s registration).

17.4. If the Client breaches the terms of Clause 17.1 and Clause 11.1 of the Agreement, the Contractor shall have the right to unilaterally terminate the Agreement with a notice thereof to the Client, at any time after it becomes known that the Client is using the Contractor’s Services for collecting and storing data obtained in violation of the applicable data protection laws.

17.5. The Contractor may unilaterally terminate the Agreement with a notice thereof to the Client at any time after it becomes known that the Client is using the Contractor’s Services for operations prohibited by the applicable laws (for example, dissemination of illegally obtained personal data).

17.6. The Contractor may anonymize the Client’s personal data upon expiry of one year from the date the Client discontinues activity in the Account.

17.7. The Client acknowledges being familiar with Contractor’s Privacy Policy and relevant privacy notices.

18. DETAILS OF THE CONTRACTOR

https://servercore.com/legal

TERMS OF USE OF INDIVIDUAL SERVICES\

Last updated 28.02.2024

These Terms of Use of Individual Services (the “Terms of Use”) shall constitute an integral part of the User Agreement (the “Agreement”). Capitalized terms used but not defined herein shall have the meanings assigned to them in the Agreement. The Terms of Use shall set forth the individual procedure for the use of certain services, including the terms and conditions of service level agreements (SLA) for each of the services.

BASIC TERMS AND DEFINITIONS

Project — a logically isolated group of Resources, to which the User may have access.

Limit — a maximum available quantity of Resources that may be utilized by the User when using the service; the Limit may be changed by agreement of the Parties, and/or unilaterally decreased by the Contractor.

Quota — a limit set by the User on the quantity of Resources used within the framework of a Project.

Region — one or a group of data centres deployed within an agglomeration of large cities.

Availability Zone — one or several data centres located within one Region.

Pool — a part of the infrastructure of the Contractor or the Contractor’s partner, which is located in one of the data centres of the Region.

Resource — an atomic unit that is a minimum possible part of the service provided.

Resource Identifier — a unique Resource number 32 characters long.

User — a login-password pair that is created by the Client and determines rights to use resources under an Account.

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1. GENERAL RESTRICTIONS ON THE USE OF SERVICES

1.1. For the purpose of ensuring stable operation of the network equipment the number of MAC addresses on access ports shall be limited to 25 addresses per port. The number of MAC addresses may be increased at the Client’s request.

 1.2. For the purpose of protecting the infrastructure from DDoS attacks, the following ports shall be blocked by default (they can be unblocked at the Client’s request):

UDP: 17, 111, 389, 520, 1900, 3702, 11211;
TCP: 25;
TCP/UDP: 135, 137, 138, 139, 445.

1.3. The terms of provision and the set of available functions/features under the Services may differ in different Regions. The Contractor shall not guarantee availability of the Services in all Pools.

2. BILLING MODELS

2.1. POSTPAID BILLING

Payable shall be the actual consumption of Resources for the last hour before the next debiting. Payment shall be made upon the use of Resources by the Client, via debiting of money from the Client Balance. If there is money on the Bonus Balance, money shall be debited from the Bonus Balance first.
Money for the Services shall be debited from the Client Account on the basis of data on the volume of the actually consumed Resources, obtained with the use of the Contractor’s equipment, and on the basis of the Client’s order of the Services.

A Service shall be automatically renewed until the Client removes on its own the unused Resources.

2.2. PREPAID BILLING
Payment shall be made upon ordering of Resources by the Client, via debiting of money from the Client Balance for the period selected at the time of ordering. If a sufficient sum of money is available on the Bonus Balance, the Client may choose the balance for the debiting of money.

A Service shall be automatically renewed with the selected period if such period is selectable at the time of renewal. If necessary, the Client may change the Service payment period and also disable the automatic renewal (autopayment) option in the Account. If the automatic renewal is disabled, all data stored on the equipment of the Contractor or its partners shall be deleted upon expiry of the paid period.

3. GENERAL BILLING RULES

3.1. The reporting documents shall specify the Service name, and, if applicable, Region, Availability Zone, Resource Identifier.

3.2. The Resource price effective at the time the Resource is ordered shall be valid until the end of the paid Service period. The Service cost may be changed in accordance with the terms of the Agreement. A Service shall be renewed according to the current rate plan and period.

3.3. Outstanding amounts for Resources disabled because of non-payment shall be a sum of the cost of all Resources for the period of time, during which they were disabled. Once the Client Balance is replenished, the outstanding amounts shall be debited automatically.

3.4. If the Client Balance is zero or insufficient for the next debiting of money for Resources or a Service being consumed, the Service order and management options in the Account shall be disabled automatically. The Contractor shall send the Client a Service disconnection notification in the Notification Centre.

3.5. The Contractor may, in twenty-four (24) hours but no later than fourteen (14) calendar days after the options to order and manage unpaid Resources and Services in the Account are disabled, delete all information and data placed and handled by the Client with the use of unpaid Resources and Services, including any other objects of the Client as have been created within the scope of unpaid Resources and Services, including those stored on the equipment of the Contractor or its partners. The specified period may be extended by agreement of the Parties.

3.6. Once provided Resources or Services are paid, upon expiry of the specified period the provision of the Services shall be resumed in the same manner as at the time of the initial order.

3.7. In case of cancellation of a Resource or a Service prior to the expiry of the paid period, the Contractor shall refund the cost of the unused Resource or Service to the Client Account. Money shall only be refunded for complete unused months.

3. GENERAL BILLING RULES

3.1. The reporting documents shall specify the Service name, and, if applicable, Region, Availability Zone, Resource Identifier.

3.6. Once provided Resources or Services are paid, upon expiry of the specified period the provision of the Services shall be resumed in the same manner as at the time of the initial order.

4. CLOUD SERVERS

Terms and Definitions

Cloud Server — a virtualized server composed of a set of Resources selected by the User.

Load Balancer — a Resource responsible for the distribution of incoming traffic across Cloud Servers.

Backup Copy (Cloud Backups) — a Resource that makes it possible to copy and store network drive data according to a schedule set by the Client.

Preemptible Cloud Server – a Cloud Server that runs without interruptions for 24 hours maximum and can be stopped by the Contractor at any time.

4.1. Service Provision Procedure

4.1.1. The Contractor shall provide to the Client access to the management of Resources of Cloud Servers hosted on the infrastructure of the Contractor or the Contractor’s partner in one of the technical Pools, at the discretion of the Client.

4.1.2. The Client may change characteristics of Resources of Cloud Servers at any moment of time given available Resources according to established Quotas and Limit.

4.1.3. Internet access shall be provided through connection of the Cloud Server or the Load Balancer, to which the Cloud Sever is connected, to public IP addresses or public subnetworks. All incoming and outgoing Internet traffic shall be payable; traffic between the Services within the Region shall not be billable.

4.1.4. Equipment, on which the Client’s Cloud Server is hosted, shall be connected to the network at the maximum access speed set for the Pool.

4.2. Billing Procedure

4.2.1. The Service shall be paid according to the postpaid billing model.

4.3. Service Level

4.3.1. Guaranteed availability: 99.98%

4.3.2. Unavailability of the Cloud Server due to failure of the infrastructure of the Contractor or its partner shall be compensable. Such downtime shall be compensable according to Resources that could not be used during downtime due to failure.

4.3.3. 0.5% of the cost of unavailable Resources shall be compensated for every 30 minutes of compensable unavailability of the Cloud Server up to 100% of the cost of unavailable Resources for a month.

4.3.4. Unavailability of the Preemptible Cloud Server shall not be compensable.

4.3.5. Load Balancer:

Guaranteed availability of the Load Balancer: 99.98% of availability a month.
0.5% of the cost of the Load Balancer shall be compensated for every 30 minutes of compensable unavailability.
In case of unavailability of the Load Balancer and/or loss of the Load Balancer functionality through the fault of the Contractor, when all Cloud Servers connected to the Load Balancer are in good operating condition and ready to process incoming requests, only the cost of the Load Balancer shall be compensable. The cost of Resources outside the Load Balancer shall not be compensable.

4.3.6. Backups:

Unavailability of correct backup restoration due to loss of all or part of Backup data shall be compensable.
To receive compensation, the Client shall communicate to the Contractor in the Ticket System a confirmation of the incorrectness of a restored backup or of the impossibility of backup restoration.
100% of the cost of broken Cloud Backup shall be compensable.

5. KUBERNETES CLUSTERS

Terms and Definitions

Basic Kubernetes Cluster — a Resource that manages the Kubernetes platform and consists of one Kubernetes Master Node

Failover Kubernetes Cluster — a Resource that manages the Kubernetes platform and consists of three Master Nodes.

Master Node — a Cloud Server that manages the Kubernetes Cluster.

Node — a virtual node that is within the area of the Client’s responsibility and is a Cloud Servers control object on the Kubernetes platform.

Pod — a basic unit that is within the area of the Client’s responsibility and is a container control object on the Kubernetes platform.

5.1. Service Provision Procedure

5.1.1. The Contractor shall provide to the Client access to the management of Resources of the Basic and/or Failover Kubernetes Clusters.

5.1.2. The Client may change characteristics of Resources of the Kubernetes Clusters at any moment of time given available Resources according to established Quotas and Limit.

5.2. Billing Procedure

5.2.1. The Service shall be paid according to the postpaid billing model.

5.2.2. Payable shall be the cost of the Kubernetes Cluster. Cloud Servers automatically created by the Kubernetes Cluster on the basis of characteristics set by the Client at the time of the Cluster creation shall be billable in the manner established for the “Cloud Server” Service.

5.3. Service Level

5.3.1. Guaranteed Service availability: 99.98%.

5.3.2. In case of unavailability, 0.5% of the cost of the Failover Kubernetes Cluster shall be compensated for every 30 minutes up to 100% of the cost of this Kubernetes Cluster, except in the following cases:

Unavailability of Master Nodes of the Failover Kubernetes Cluster over the Internet and from within the Failover Kubernetes Cluster, if the unavailability interval is less than 5 minutes
Unavailability of the Basic Kubernetes Cluster
Unavailability of Master Nodes due to individual configuration of the routing rules applied by the Client;
Unavailability due to installation of a third-party application or other service within the Kubernetes Cluster;
Unavailability of the Kubernetes Cluster during update or re-configuration;
Unavailability of Nodes and Pods running as part of the Kubernetes Cluster.

5.4. Special Restrictions on the Use of the Service

5.4.1. Other services, namely, the Global Router and the Cloud Server, shall be used in the Service. All restrictions under the said Services shall apply to the Kubernetes Cluster.

6. DATABASE CLUSTER

Terms and Definitions

Database Cluster — a Resource created by the Client. The Database Cluster consists of one or several Cloud Servers, with a database version installed at the discretion of the Client, between which replication is set up.

6.1. Service Provision Procedure

6.1.1. The Contractor shall provide to the Client access to the management of the Database Cluster.

6.2. Billing Procedure

6.2.1. The Service shall be paid according to the postpaid billing model.

6.3. Service Level

6.3.1. Guaranteed availability:

for write operations in the Database Cluster: 99.95%;
for read operations in the Database Cluster: 99.99%.

6.3.2. Unavailability of the Database Cluster during read and/or write operations due to failure of the infrastructure of the Contractor or its partners shall be compensable. Total compensation may not exceed 30% of the cost of the Database Cluster for a month. 0.5% of the cost of the Database Cluster shall be compensated for every 30 minutes, except in the following cases:

the Database Cluster consists of one Cloud Server;
Unavailability of the Database Cluster for write operations if the disk space of the Cloud Server is full.
Unavailability of the Database Cluster for write and read operations in case of recovery of data from a backup, scaling and update by the Client.

7. DEDICATED SERVERS

Terms and Definitions

Dedicated Server — a Resource – a physical server owned by the Contractor or the Contractor’s partner and provided to the Client for remote use.

Dedicated Predefined Configuration Server — a Dedicated Server that is already built and ready for order, with no option to change components at the time of ordering.

Dedicated Random Configuration Server — a Dedicated Server with an option to choose configuration of components at the time of ordering.

Dedicated Chipcore Server — a Dedicated Predefined Configuration Server, without a local network, with a limited bandwidth and lower availability requirements.

7.1. Service Provision Procedure

7.1.1. The Contractor shall provide to the Client access to the management of a Dedicated Server in one of the technical Pools, at the discretion of the Client.

7.1.2. The Client may change characteristics of the Dedicated Predefined Configuration Server at any moment of time given available Resources in the selected Pool.

7.1.3. The Dedicated Predefined Configuration Server shall be made available: if technically feasible, within two (2) hours after the Service is ordered in the Account and money is debited from the Balance.

7.1.4. The Dedicated Random Configuration Server shall be made available: if technically feasible, within five (5) business days after the Service is ordered in the Account and money is debited from the Balance.

7.1.5. The Dedicated Server shall be set up and built by the Contractor; all Dedicated Server components, not mentioned in the order but necessary for the server, shall be selected at the discretion of the Contractor.

7.1.6. In case of breakdown of the Dedicated Server components, the Contractor shall, within 3 hours from the Client’s request via the Ticket System, replace at its expense all broken components with equivalent ones. If the required spare parts are not available with the Contractor, more capacious/faster spare parts may be temporarily used. If more than 3 hours have passed from the breakdown of the Dedicated Server to the completion of repairs, the Client shall be entitled to compensation.

7.1.7. In case of any technical problems during operation of the Dedicated Server, with no express confirmation from the Client of the breakdown of the Dedicated Server components, the Contractor may propose free-of-charge Dedicated Server diagnostics, and if such is run successfully, the broken component shall be replaced. The diagnostics time shall not be compensable and shall be 12 hours maximum.

7.1.8. Internet access shall be provided through connection of the Dedicated Server to a public IP address or public subnetworks, if technically feasible. Dedicated Servers, except for Dedicated Chipcore Servers, may be jointed in a local network within the Pool.

7.2. Billing Procedure

7.2.1. The Service shall be paid according to the prepaid billing model.

7.2.2. All incoming and outgoing Internet traffic above provided free volumes shall be payable at the rates published on the Contractor’s Website.

7. 3. Service Level

7.3.1. Guaranteed availability of Dedicated Servers: 100% a month. Guaranteed availability of Dedicated Chipcore Servers: 99.8% a month.

7.3.2. Unavailability of the Dedicated Server due to failure of the infrastructure of the Contractor or its partners shall be compensable. Such unavailability shall be compensated based on the cost of the Dedicated Server, with respect to which downtime has been recorded.

7.3.3. If the Dedicated Server Availability for one calendar month fails to correspond to the specified availability, the Contractor shall provide compensation as follows:

For the Dedicated Server (except for the Dedicated Chipcore Server):

For the Dedicated Chipcore Server:

7.4. Special Restrictions on the Use of the Service

7.4.1. Dedicated Chipcore Servers may not be connected to a private network, and no additional IP addresses may be connected.

7.4.2. The Client shall use the Dedicated Server in a standard operating mode that causes no damage to the Dedicated Server components, specifically, without limitation:

according to the characteristics set by the manufacturers of the Dedicated Server components;
it shall be prohibited for the Client to change the Dedicated Server characteristics – voltage, frequency, temperature;
it shall be prohibited for the Client to modify the software pre-installed on the Dedicated Server components (to replace firmware);
the Client may not breach instructions for the use of the Dedicated Server, published on the Contractor’s Website and provided by the Contractor to the Client via the Ticket System.

7.4.3. Upon detection of damage to the Dedicated Server components due to the Client’s illegal actions, the Contractor shall notify the Client in the Ticket System, and the Client shall reimburse for the Contractor’s costs on the repair of such damage.

8. OBJECT STORAGE

Terms and Definitions

Object Storage is a service used to store and distribute an unlimited amount of data.

Container is a Level One resource that enables the arrangement of the upload of objects to Object Storage, downloading of objects, binding of domain names and certificates. Containers are characterized by the type determining restrictions of access to the data contained therein.

Storage Class is a characteristic that defines the Container type and allows implementing different storage options.

Standard Storage is a Storage Class requiring high-capacity fast-response Object Storage.

Cold Storage is a Storage Class that is used for less active workload than in Standard Storage and it requires immediate access to rarely used data.

8.1. Service Provision

8.1.1. The Contractor shall provide to the Customer access to the service related to the organization of cloud Object Storage and making its resources available to the Customer.

8.1.2. All files uploaded by the Customer to the storage shall be automatically relocated by the Contractor to three independent servers in available Regions.

8.2. Billing Mode

8.2.1. The Service shall be provided according to the post-paid model.

8.2.2. The price shall be calculated based on the actually occupied storage space, the outbound traffic, and the number of the executed data requests, according to the selected Storage Class.

8.2.3. The term set in Clause 3.5 of the Terms of Use of Individual Services for Object Storage may be extended by the Contractor to 30 (thirty) calendar days.

8.3. Service Level

8.3.1. Guaranteed availability of Object Storage with Standard Storage: 100% a month, of Object Storage with Cold Storage: 99.8% a month.

8.3.2. If the Object Storage availability for one calendar month fails to correspond to the specified availability, the Contractor shall provide compensation as follows:

Standard Storage:

User Agreement and Terms of Use

TERMS AND DEFINITIONS

1. SUBJECT-MATTER

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

3. SERVICES ORDERING AND PROVIDING PROCEDURE

4. COST OF SERVICES, ACCOUNTING AND PAYMENT PROCEDURE

5. TERMINATION OF SERVICES

6. REQUIREMENTS TO THE USE OF SERVICES AND INFORMATION SECURITY

7. COMPENSATION PAYMENT PROCEDURE

8. CONFIDENTIALITY

9. LIABILITIES OF THE PARTIES

11. WARRANTIES AND REPRESENTATIONS

12. FORCE MAJEURE

13. DURATION, AMENDMENT AND TERMINATION

14. DISPUTE SETTLEMENT PROCEDURE

15. EXCHANGE OF MESSAGES

16. FINAL PROVISIONS

17. PERSONAL DATA

18. DETAILS OF THE CONTRACTOR

TERMS OF USE OF INDIVIDUAL SERVICES\

1. GENERAL RESTRICTIONS ON THE USE OF SERVICES

2. BILLING MODELS

3. GENERAL BILLING RULES

3. GENERAL BILLING RULES

4. CLOUD SERVERS

5. KUBERNETES CLUSTERS

6. DATABASE CLUSTER

7. DEDICATED SERVERS

For the Dedicated Chipcore Server:

8. OBJECT STORAGE

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