Agreement


LeadHost.biz, herein named "Provider" on one side and the "Customer" on the other side, "_________________", represented by ________________________, both named "Parties", had signed the below Contract stipulating the following:

1. The Object of the Contract

1.1. According to the contract LeadHost.biz , undertakes the obligation to provide the "Services" requested by the "Customer" according to the conditions of service provision, herein "Conditions" and according to the applicable rates for the service provision, herein, "Rates", the "Customer" in its turn has to pay for these services.

1.2. Hosting Regulations (Addendum 1 of the present Contract) and the Rates indicated on site pages are official documents of LeadHost.biz and are parts the contract itself.

1.3. LeadHost.biz according to the present Contract is not a direct participant to the transfer, storage and process of the information provided by the "Customer", and therefore, will not be held responsible for any violation of their rights in regards to the storage of this kind of information. "

2. The Termination of the present Contract and its legal power.

2.1. The below Contract is a public offer (according to the art. 681, 684 and part 1.2, Title XII of the Civil Code of Republic of Moldova)

2.2. The acceptance of the offer is the payment for the ordered services in advance in the order specified in the present Contract. The "Customer" accepts the present Contract and agrees to the conditions of the below Contract and its Addendum.

2.3. The list of the Services set in the present Contract could be subsequently completed. The additional "Services" can be provided to the "Customer" after both "Parties" sign an additional Agreement to the present Contract.

2.4. The "Parties" of the present Contract acknowledge the legal authority of the texts/documents sent/received through the electronic communication channels, only in addition to the documents in written form. An exception from this rule is the exchange of complains, as well as for documents for which a written printed form is solicited.

2.5. The electronic communication channels, in the terms of the present Contract could be: the electronic mail, the postal address and the other contact details specified in the Contract, as well the web-server of the Executor: LeadHost.biz. In cases when the contact address of the "Customer" are missing in the present Contract and/or are changed at the "Customer" request, the electronic mail sent to the "Executor" through a of service provision, are to be considered contact details.

3. Parties Rights and Obligations

3.1. Parties agree to acknowledge with this Agreement and its Annexes, up to the time of conclusion (acceptance) of the Contract.

3.2. Parties agree to comply conscientiously with the terms of the presented Contract and with the Moldovan legislation, which regulates legal relations between Parties under the presented Agreement, throughout the validity of this Contract.

3.3. Customer Rights

3.3.1. "Customer has the right to migrate to another hosting package during the reporting year according to Addendum 2, by sending in advance a letter to the "Executor" and by pre-paying the price difference if any.

3.3.2. User has the right to request refund of the prepaid amount with no justification as per "Money Back Principle" within 5 calendar days (grace period) from the date the amount entered in the "Executor" bank account, at the direct request of the customer. The refund of this amount will be processed within 5 (five) business days. The prepaid amount is non-refundable in the cases listed below:

  • Blocking the "Customer" for violating the terms and conditions of the usage of the provided services.
  • In case of expiration of the grace period, the 5 (five) calendar days
  • Violation by the customer of Moldova state legislation and/or the legislation of other countries in which the Data Center of the "Executor" is located.

All disputes regarding the refund of the prepaid payment is to be resolved according to the legislation of the Republic of Moldova, and/or through amicable negotiations.

3.3.3. The "Customer has the right to request rewards in case of failure of the SLA parameters (p.3.6.5)

3.4. "Customer Obligations":

3.4.1. The "Customer" agrees to read and acknowledge the information regarding changes presented in the Addendum of this Contract, as well as other technological and organizational changes posted on the web-server of the "Executor" (LeadHost.biz) and sent by the "Executor" by means of electronic channels of communication.

3.4.2. User is obliged to provide at the registration truthful, accurate and complete information about themselves, in all aspects required for registration and to update this information subsequently.

3.4.3. User is obliged to provide to the Executor a copy of the identity act (for individuals), for juridical persons - certified copies of documents confirming accurate registration and fiscal registration of juridical persons, and the legitimacy of it"s representative. In case this obligation is unfulfilled by the Subscriber, the Executor has the right to suspend immediately or restrict the provision of services to the User, through any technical means and methods selected until the moment required documents were presented. In case of appearance of any doubts concerning the veracity of the data provided by the Subscriber, Executor is entitled during the service provision, to request additional information and (or) require confirmation of the submitted one. The request is sent via email at the contact address of the User. In case the User does not present the additional information, and (or) justified documents within 7 (seven) calendar days from the moment Executor submitted the request, it has the right to cancel the service, removing User's account.

3.4.4. User agrees to monitor regularly the changes related to the implementation of the Agreement on subscription service for Executor's web-server.

3.4.5. User agrees to maintain independently positive balance of his personal Account and to carry out the payment for the service at the due date, in the order, amount and terms presented in Section 4 of this Agreement, as well as according with the Annexes enclosed.

3.4.6. User agrees to observe the legislation in force of Republic of Moldova when placing User's contents, information and files on the technical resources of the Executor. When placing the information and other content on web sites and other resources, the User is obliged to strictly abide the norms of the legislation in force, including the ones that protect copyrights and other rights of third parties. Prior to posting such information, the User is obliged to ensure by itself that the placed files and other content do not violate the rights and legitimate interests of third parties in any way. The User has the exclusive obligation to respect copyright and other third party rights. In case of violation, the User is the only one responsible to the persons mentioned and is obliged to repair the damage caused.

3.4.7. User agrees not to carry out any actions towards disruption of normal functioning of Internet elements (computers, other equipment or software site) and does not cause damage to programs, hardware and software, servers and others.

3.4.8. User undertakes to ensure his data privacy and to take measures in order to protect them from loss, theft, damage, etc.

3.4.9. User agrees to make by itself backup copies of the data at regular intervals, in order to avoid data loss that might occur in case of interruptions in service provision caused by an accident and other force-majeure conditions.

3.4.10. User undertakes to comply with "The Terms and Conditions of using the Internet" (available on the official website at LeadHost.biz and "Web hosting Rules" (Addendum 1) that are an integral part of this Contract. In case of violation of these Rules, the "Executor" has the right to cease the provision of services until the Subscriber eliminates the infringements.

3.5. Executor"s Rights

3.5.1. Executor reserves the right to temporary discontinue User's service provision, in case the User fail to obey the operating rules of the network and the "Web hosting Rules" (Annex 1) as defined in the presented Contract.

3.5.2. Executor reserves the right to suspend provided services, in order to perform programmed maintenance and repair works of technical resources/ equipment, and unscheduled site interruptions in case of emergencies.

3.5.3. Executor reserves the right to discontinue services, if this is due to the inability to use the information and transmission channels that are not owned by the Executor, or activities and / or inactivity of third parties if these affect directly the performance of services under these terms, including in an emergency situation.. The executor will also have the right to temporarily remove delegation of the User"s site using own resources, in case of DDoS attacks of User"s site, which inevitably create an excessive burden over resources, that involves inability to use the services of the Executor by other users.

Executor is not responsible and does not provide compensations to the User, which occur or may occur after delays, interruptions and inability to use the resources and services to the full extent, caused by the above reasons.

3.5.4. Executor reserves the right to make changes and additions to the Terms and Tariffs in a unilateral way, by posting changes and amendments on its website (LeadHost.biz).

3.5.5. Executor reserves the right to suspend the supplied services or to cancel the registration process of User's account and refuse the provision of services further, if the user provides false information or outdated in case it changes, or if the Executor doubt that the information provided is accurate and complete. Also, it reserves the right to perform discount of the financial means from User's personal Account, in the instances and manner prescribed by the Contract.

3.5.6. Executor reserves the right to suspend, block or ban the use of User"s software, if such actions would lead or could lead to emergency situations, infringement of the User's security, violation of the contract conditions or violation of law.

3.5.7. Executor reserves the right to temporarily suspend services, regardless of User's personal Account balance. Temporary suspension of the account occurs until the User eliminates infringements or defects caused. Simultaneously with account sustentation, Executor must send a notification to the User by e-mail with violation of the Agreement or necessity to remedy the violations that caused the suspension of services.

Temporary suspension of User"s personal Account occurs in the following cases:

3.5.7.1. Violation of the contract"s agreement.

3.5.7.2. When the User's personal account indicates a null value or a value lower than the rendered services, the restoring of the service takes place when the account is refilled with the required amount.

3.5.7.3. When entering incorrect data, failing to introduce data during the registration or failing to update them further.

3.5.7.4. Impossibility to present confirmative documents.

3.5.7.5. User"s inaction for 3 calendar days from the date Executor submitted the request or requirement.

3.5.7.6. In case Executor receives complaints regarding User"s actions/inactions (related to violation of copyright, Spam and other violations of law) to third persons or competent bodies.

3.5.8. Executor reserves the right to permanently block User's personal account, by sending at the same time, a notification to the User by e-mail. The remaining sum in User's personal account during the complete blocking will be settled in Executor"s Account as expenditure supported to block the account of the Executor and other related expenses.

Complete blocking of User"s Personal account takes place in the following cases:

3.5.8.1. At the written request of the User, or in case of refusal to comply with the terms of the Contract.

3.5.8.2. Temporary suspension User"s Account more than 3 times.

3.5.8.3. Violation of the conditions or refusal to eliminate the violations noticed and described in the application submitted by the Executor within 3 calendar days.

3.5.8.4. If during 30 calendar days the User does refill the personal Account from the moment when it indicates a value lower than the value of Services.

3.5.8.5. If during 30 calendar days, the User does not use the Services.

3.5.9. Executor reserves the right to suspend or block the Account if the User has violated the law of RM, and do not refund prepaid sum considering it as payment for paid expenditures according to the Contract.

3.5.10. Executor reserves the right not to transfer financial resources into the User"s personal Account, if they are less than minimum pay stipulated by this Agreement, up to the moment of full payment. Reimbursement of the sum with the value lower than the one stipulated in the contract, is processed to the User by the Executor at the written request received from the User, specifying the data of the personal account, date of registration, the amount of sum paid in advance, banking coordinates of the User and a copy of the document confirming the payment.

3.5.11. Executor reserves the right to remove the content posted improperly, and if the information posted by users violates the norms of the legislation in force and rights of third parties. Executor does not report to the User about the actions related to content removal that break the law, and about any damages it may support.

3.5.12. Executor reserves the right to take measures for removing the disputed content or terminate User's access to the website, information that violates copyright and other rights of third parties, upon the notice received from the owner of rights or from other sources, regarding violation of his rights.

3.6. Executor Obligations

3.6.1. The "Executor" is obliged, from the moment the present "Contract" is signed, to provide the required services to the "Customer" according to p.2.2 of this agreement, when the "Customer" respects the determined conditions and requirements of this Contract and according to the Addendum attached.

3.6.2. The "Executor" is obliged to inform in time the "Customer" through electronic communication channels about any the changes that might occur to the present Contract with at least 5 days in advance, posting them on the "Executor" websites LeadHost.biz

3.6.3. The "Executor" is obliged to open a personal account for the "Customer" and to present it to him at his request, as the balance of the account.

3.6.4. The "Executor" is obliged to guarantee the confidentiality of the provided information belonging to the "Customer", such as: passwords, usernames, account balance, etc., further network supplies as the content of the e-mail, excepting the cases stipulated in the Legislation of Republic of Moldova.

3.6.5. The "Executor" is obliged to provide services according to the following parameters (SLA):

3.6.5.1. The percentage of the Web-Server operation (Hosting Site Availability), the average percentage of the Web-Server availability within one month not less than 99,99%.

3.6.5.2. The percentage of the Data Loss sent by the server (Hosting Server Packet Loss) – the average percentage of loss within 1 (one) month – not more than 0,2%)

3.6.5.3. Time of reaction and response to the Emergencies and Failures (Hosting Fault Reporting):

  • The time of reaction and response of the Technical Support to the received on-line requests – not more than 30 minutes within normal working hours (Monday – Friday, from 9AM to 6PM GMT +2) and not more than 2 hours in case of Emergency Alerts. The response of the technical support must contain: the estimated time to solve the problem, the request of the necessary data to resolve the problem or the answer that the problem was resolved.
  • Time of reaction and the complete elimination of a critical failure by the technical support: not more than 12 hours.
  • Time of reaction and complete elimination of a certain server failure by the technicians: not more than 1 working day.

3.6.5.4. The planned works (Planned Hosting Outages) – performing maintenance and engineering works in servers, the "Executor" will inform the "Customer" of their duration according to the conditions stipulated in the present contract.

3.6.5.5. The Compensation – in those rare cases when the quality of the website or of the provided services will be different from the enumerated one in p. 3.6.5.1, 3.6.5.2, 3.6.5.3, 3.6.5.4, the "Customer" has the right to request from the "Executor" a compensation for the time the services were not provided. The decision regarding the compensation is to taken by "Executor" administration. The "Executor" respects the standards of the technical quality of the services and endeavor all the reasonable efforts to prevent or to counteract the attempts of the unauthorized access, failures and malfunction in the equipment of the "Executor", the harmful components, to its and "Customer"s resources. In case when the Emergency situations appear the "Executor" endeavor all the measures for rapid normalization of the situation. Due to the specific hardware and software services, the "Executor" cannot 100% guarantee the constant and unbreakable services of the whole system and of the "Service" provided itself and cannot guarantee the operation without errors of the software or other materials used for the work flow of the third parties.

3.6.5.6. The "Executor" is obliged to offer free consulting in using and the payment for the Services.

4. The Cost and Payment of the Services

4.1. The Cost of the Services, according to the present Contract and the period of the offers are being determined by the respective Addendum to the present Contract, being an integrated part of it and is indicated in USD dollars, the payment is being made in MDL at the NBM on the date of the payment.

4.2. The payment for all the service and works, according to the present Contract, are to be made in advance and through the ways indicated in the present Contract, are to be determined a type of services offered: Periodical Services with an annual fee.

4.3. The moment of the payment is considered the date the payment had been transferred into the Executor"s account, with the condition the Executor receives the payment invoice or to be substituted with the necessary information for the payment to be loaded into the Customer"s personal account. The value of the pre-paid amount is calculated according to the prices set into the Addendums of the present Contract.

4.4. The Customer is solely responsible for the correctness of the processed payments. When the Executor changes the bank account details because of circumstances which are not under its control, since the new information had been published on the Executor"s webserver/website, notifications sent through the e-mail, the Customer is solely responsible for the payments made to the outdated bank account information.

4.5. The Executor has the right to cease the provision of the services to the Customer whenever the last violates the payment way determined by this Contract.

4.6. According to the present Contract, once the prepaid amount is completed, the Executor has the right to suspend the services to the Customer.

5. PARTIES RESPONSIBILITIES

5.1. Parties bear responsibility for failure or improper performance of this Contract in accordance with its provisions and current legislation of the Republic of Moldova.

5.2. Parties bear responsibility for disclosure, transmission or making confidential information contained in the documents related to this Agreement and any other documents relating thereto available to third parties, with no written consent of another party, since the acceptance of this document and it"s object are not considered as confidential information by the parties.

5.3. Executor bears responsibility for unreasonable refusal from the conclusion of the contract with User in condition of possible service performance.

5.4. Executor bears responsibility for the proper functioning of the software within the system, but is not responsible for the quality of the software itself, if it is developed by third parties (eg, MySQL, Apache, etc.).

5.5. Executor is not responsible for the content from web pages of the client.

5.6. Executor is not responsible for the safety of your password and / or login to the user database, so in case of their loss or theft, executor is not responsible for consequences.

5.7. Executor is not responsible for loss of information held by User, because of User"s fault.

5.8. Executor is not responsible for any direct and / or indirect damages caused to User and does not pay to the client damages (including lost profits) supported by the User as a result of the use or non-use of resources and services, as well as losses due to omissions, interruptions or delays in transmission of data, errors, defects, deletions, changes in functions and other reasons.

5.9. Executor is not responsible for damages caused to third parties resulting from breach by User of the terms of this Contract.

5.10. Executor is not responsible for the occurrence of delays, interruptions in service, and impossibility of full use of Executor"s own resources, taking place directly or indirectly due to action or inaction of third parties and / or inoperability of shipping channels and other information besides own resources of the Executor.

5.11. Executor is not responsible for failures which causes are not directly or indirectly under executor"s control.

5.12. Executor is not responsible for the quality of public communication channels, traffic exchange between suppliers, normal operation of Internet connection, its parts or the quality of links that are not relevant to the Executor's own resources and their availability for the Customer. Also, the Executor will not be responsible for changing properties, functions and quality of the services provided to clients, in case any changes are related to Internet or other circumstances beyond the area of competence, influence and control of the Executor.

5.13. Executor is not responsible for information provided by the Subscriber, as does not initiate its transmission, does not select the recipient, does not affect the integrity of information transmitted as well as take measures to prevent the use of copyright objects or other exclusive rights without the consent of the rights holder.

5.14. Executor is not responsible for the inability of the User to accept e-mails from the network that was introduced in block lists (used to prevent "spam") and whose mail server no longer receives emails.

5.15. Executor is not responsible for the functioning of interface for reading mail, offered to the customers as web interface, designed and developed by third party. For emails, Executor recommends using a specialized program - email clients.

5.16. Executor does not bear financial responsibility if services were not rendered because of the User.

5.17. Executor is not responsible for the quality and safety of software, offered to the clients on Executor"s servers and / or other servers on the Internet, unless the software is developed by the Executor.

5.18. User is responsible for keeping in secret network supplies towards third persons, as well as for damages incurred as a result of this act.

5.19. User bear responsibility for any actions and / or inactions committed with the utilization of User's domain name and other technical details as a result of services rendered, especially IP address, server name, etc..

5.20. User is solely responsible for the content of transmitted information, by him or any other person, on the basis of network details (network name set - Login and other information authorizing the User) on Internet and on Executor's own resources: for their authenticity, freedom of claims of third parties, and legitimacy of their distribution. Executor is not responsible for the content of information transmitted by the User through Internet and own resources of the Executor.

5.21. User using Executor's and Internet services, is solely responsible for damage caused by his actions (personally or by a person based on network details) to individual or citizens' property, legal persons, state or moral principles of society.

5.22. The user is responsible for proper and timely payments.

5.23. The user is responsible to acknowledge in time with any supplements and amendments made to the content of the Contract, Conditions and Tariffs, published on Operator's WWW server (LeadHost.biz).

6. Cancellations

6.1. The Contract can be annul any time through a mutual agreement by both parties.

6.2. In case one of the parties violates the conditions of the present Contract, the other party has the right to unilateral annul the Contract, according to the legislation of Republic of Moldova, notifying the other party of their decision in written or through the e-mail, within 10 days in advance.

6.3. The Contract can be annulled by the Executor:

6.3.1. In case of non-fulfillment by the Customer of its obligations and repeated or substantial violations of the Terms and Conditions according to this Contract.

6.3.2. Non-payment in time for the services received, according to the present Contract.

6.4. The Contract can be annulled by the Customer when the Executor did not respect the conditions of the Contract, at the expiration of the payment period used by refusing to pay for the services for the next period or through a notification in written form.

6.5. The Customer should inform the Executor about his disagreement or of the annulation of the Contract in written or through the e-mail, not later than 5 days since the date of cancellation notification of the Contract. If, in the set period of time, the Customer does not notify the Executor of his disagreement to annul the Contract, the Contract is automatically considered annulled from the date of cancellation notification.

7. Force Majeure

7.1. The Parties are not responsible for the incomplete services provision or contractual obligations in cases of "force major" situations. "Force majeure" situations are to be considered those exceptional and unpredictable situations, which restrains both Parties to fulfill their obligations according to the present Contract. They are natural disasters (earthquake, flood, etc.), social life situations (military actions, exceptional situations, large-scale strikes, epidemics, etc.), and restriction measures introduced by the competent state departments (transportation prohibition, commerce prohibition regarding international sanctions, currency restrictions, etc.). During this period, Parties have no reciprocal claims against each other and each Party assumes the risk of the consequences of the force-majeure situations.

7.2. Whenever any of the parties have the impossibility to fully or partially complete the obligations according to the present Contract, due to circumstances of force majeure situations, the terms of the obligations are extended for the period of time these kind of circumstances will act.

8. Disputes Resolution

8.1. Parties shall regulate through amicable negotiations any kind of disputes, arguments or claims which may appear regarding to the Contract or related to it.

8.2. The main aspects which are not established by the present Contract, will be regulated according to the legislation in force of Republic of Moldova.

The mandatory Addendum to the contract shall be:

Addendum 1 Hosting Rules.