iHost 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:
I.M. "LEVEL 7" SRL, (hereinafter - «PROVIDER»), established and carrying out activity in accordance with the legislation of
the Republic of Moldova, Company Number 1008600050969, legal address Chisinau, Calea Basarabiei street, 28/2,
1. SPECTRUM OF SERVICES PROVIDED
1.1. The provider offers the following services:
WEB HOSTING - service that provides space on the web-server for the location of the Client's web applications and to ensure their functionality.
“CLOUD” HOSTING - service that provides space on several web-servers for the location of the Client's web applications and to ensure their functionality, their scalability using CLOUD technologies.
EQUIPMENT COLOCATION - service for placing the Client's digital equipment on the Provider's technological platform, with the connection to the Internet network.
VIRTUALIZED INFRASTRUCTURE - service that provides services, equipment, software applications in a virtualized environment located on the Provider's equipment.
SERVERES AND DEDICATED EQUIPMENT - service for renting and renting the Provider's digital equipment on the technological platform, with connection to the Internet.
NETWORK APPLICATION SECURITY AUDIT - computerized scanning, at the Client's indication, of the corporate computer networks belonging to him, in order to establish those properties of the applications and network resources, which are vulnerable in terms of security and non-admission of hacking, penetration, damage, use , unauthorized access to information or change in the behavior of the network and network resources, with the subsequent submission of the report.
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 software, reporting this information to the Client.
DATA RESERVATION - Duplication of digital data (BACKUP) of the Client on the equipment provided by the Provider.
PROTECTION AND MITIGATION OF "DDOS" ATTACKS - Service for the protection and mitigation and control of distributed malicious attacks of the "DDoS" type at the application level as well as at the level of the digital computer network.
INTERNET ACCESS - Access to the global Internet network through the dedicated channels of the provider on the entire territory of the Republic of Moldova.
IP / VPN SERVICES - Service for organizing, interconnecting corporate networks or accessing internal, private or Internet networks through "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 Customer and Internet users.
DATA TRANSPORT - Dedicated connections that provide point-to-point circuits, provided through SDH, PDH, Ethernet and MPLS connection interfaces. The Service connects two locations of the Client offering a secure and guaranteed line of communication, able to integrate data, voice and video transfer services.
2. SUBSEQUENTLY UNDER THESE TERMS, THE SERVICES TICKED BY THE PARTIES SHALL BE CALLED "SERVICES".
2.1. The Customer consumes the Services and pays for them in accordance with the terms of the Integrated Intelligent Services Agreement and its Annexes concluded on the basis of these Conditions.
2.2. The special conditions of the Services specified in point 1.1. of these Conditions are regulated in the Annexes. 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 shall prevail. The Annexes to these Conditions are an integral part thereof. For all other Services Provided not provided by the Annexes, the Parties will draw up separate Annexes depending on the specific requirements of the Customers.
2.3. The order of pricing for each Service is set out in that Annex. During the action of the Contract for the provision of integrated intelligent services, the Provider is entitled to unilaterally change the prices of the Services, by notifying the Customer 15 (fifteen) days before the entry into force of the change. In this case, the price will be applied to the services ordered and not provided at the time of the price change until the change.
2.4. Provided that the appropriate technical conditions exist, the Provider offers for the respective Services under the Contract for the provision of integrated intelligent services, the possibility to order them "online". This regime implies offering the Client the possibility to create on the Provider's web page ("Service Site") an obvious record, protected by password, in order to place orders for the provision of a certain Service and its automated execution by the Provider, both as the balance of the Client's personal account allows.
2.5. The Provider starts to provide the Services within a reasonable time from the receipt of the respective payment, provided that there are technical possibilities to provide the Service, as well as provided that the Client communicates the necessary information and / or presentation of the necessary materials or equipment, where applicable. . The parties may set a specific time for the start of the provision of the Service, by written or electronic agreement.
2.6. The Provider 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 Provider undertakes:
3.1.1. To provide the Customer with the ordered Services in accordance with the conditions of the Contract for the provision of integrated intelligent services and the Annexes to it.
3.1.2. To comply with the quality, accessibility and continuity requirements of the Services provided to the Client, established in the Contract for the provision of integrated intelligent services and in the Annexes thereto.
3.1.3. To manage the Client's Personal Account with the reflection of the information related to the execution of the Contract (list and price of Services provided to the Client, payments received from the Client, final balance of mutual settlements based on the Contract, Client's supplies, etc.).
3.1.4. To offer the Client the possibility of free information about the status of the Personal Account at the Provider's office and on the statistics page https://my.ihost.md
3.1.5. To keep 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.
3.2. The client undertakes:
3.2.1. Provide truthful information when ordering the Services regarding the applications, network applications, servers and computer networks that belong to it (hereinafter - "Objects"), as well as inform in a timely manner about changes in this information.
3.2.3. To capitalize on the Services provided by the Provider in accordance with the conditions of the Contract for the provision of integrated intelligent services and the Annexes thereto.
3.2.4. To order the Services exclusively in respect of their own Objects.
3.2.5. Not to transmit in any way to third parties the right of access to the Services.
3.2.6. To ensure the confidentiality of the registration of records on the Service Site.
3.2.7. To allow the Provider 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 on time the Services provided, in accordance with Section 4 of these Conditions or with the conditions of the respective Annex to this Agreement for the provision of integrated intelligent services.
3.2.10. To maintain the confidentiality of the information received from the Provider as a result of the execution of this Agreement for the provision of integrated intelligent services.
3.3. The Provider is entitled:
3.3.1. To modify the composition, order and conditions of the provision of the Services, or to terminate the Agreement for the provision of intelligent services integrated in the order, established in Section 5 of this Agreement.
3.3.2. To suspend the provision of the Services for carrying out the planned works of prophylaxis and repairs of the Provider's equipment, fact about which the Client is notified at least 8 hours in advance, indicating the duration of such works.
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 Integrated Intelligent Services Agreement and the Annexes thereto.
3.4. The client is entitled:
3.4.1. To place orders for the provision of the Services by sending a fax or an electronic message to the Provider, or using the record of registration on the Service Site, where applicable, with the indication of sufficient information for the provision of the respective Service;
3.4.2. To order additional services according to these Conditions;
3.4.3. To terminate the Integrated Intelligent Services Agreement 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 Integrated Intelligent Services Agreement, are set out in the respective Annexes to the Integrated Intelligent Services Agreement. 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 for the ordered Services is made by the Customer in advance, until the beginning of the provision of the respective Service, by advance payments. If the Annex to the Contract for the provision of integrated intelligent services or another written agreement between the Parties provides for another payment order for the Services (Service), such document shall 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 registered in his Personal Account.
4.4. The Client independently makes the advance payments according to the Contract, so that the balance of the Personal Account is not negative at any time of the action of the Contract. At the Client's request, the Provider will issue invoices for the advance payment.
4.5. The Provider may suspend the provision of the Services if the balance of the Customer's personal account is negative or less than the value of the Service.
4.6. For non-payment on time by the Customer, in accordance with the Contract for the provision of integrated intelligent services, annexes and additional agreements to it, which led to a negative balance of the Personal Account, the Provider 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 amount of the penalty on the Client's Personal Account. The payment of the penalty does not exonerate the Client from the execution of the obligations assumed by the Contract.
4.7. Payments under the Integrated Intelligent Services Agreement shall be made by transfer to the bank requisites indicated by the Provider.
4.8. In case of impossibility to capitalize on the Service, proven by the Client, or dissatisfaction based on the quality of services, for reasons for which the Provider 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 period of provision of services under the Integrated Intelligent Services Agreement.
5. AMENDMENT, TERMINATION AND TERMINATION OF THE CONTRACT
5.1. The contract for the provision of integrated intelligent services is indefinite and may be terminated at the initiative of either Party by sending a written declaration to that effect to the other Party. The contract shall be deemed terminated from the date of receipt of such declaration by the other Party.
5.2. Termination of the Integrated Intelligent Services Agreement on any ground shall not affect the validity of any Party's obligations to settle debts existing at the time of termination, including payment for services and works actually performed at the time of termination, as well as any liability measures that are applicable to them 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 Intelligent Services Agreement without the written consent of the other Party. This provision does not prohibit the Provider from attracting third parties to 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 made in writing, with the signature of both Parties.
6. LIABILITY OF THE PARTIES
6.1. Each of the Parties bears the responsibility established by law for the non-execution or improper execution of the contractual obligations.
6.2. The Provider's liability related to the Client's claims regarding the correctness or opportunity 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 Provider does not guarantee the continuity or absolute infallibility of the provision of the Services. The Provider shall take all reasonable steps to prevent interruptions and errors. The Provider is not responsible for full or partial interruptions in the provision of Services, related to the replacement of equipment, program products or other works, caused by the need to maintain the functionality of the Provider's technical means, provided prior notice to the Customer at least 8 hours in advance. The Provider is not liable to the Client for retaining the works, the impossibility of fully capitalizing the Provider'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 inability of information channels and means to exceed own resources. of the Provider, of the disconnections of electricity or for other circumstances, which do not depend on the will of the Provider. As the Internet is a voluntary union of different networks, the Provider is not responsible for the normal operation and accessibility of separate segments of the Internet. The Provider does not guarantee the possibility of exchanging information with those junctions or servers, which are temporarily or permanently inaccessible through the Internet.
6.4. The Provider is not liable for those damages of the Client, which could not be reasonably foreseen as a result of the breach of obligations under this Agreement, as well as for the income missed by the Client. In particular, the Provider is exonerated liable for interruptions in operation, loss of Customer information, sanctioning the Customer for delays and the like, related to the use or impossibility of using the Services, even when the Provider has been previously informed of the possibility of such loss.
6.5. In case of impossibility to provide the ordered Services, due to the Client's fault (failure to ensure access to Objects, failure to present the necessary information), the Client pays the cost of the Services in proportion to the time / resources consumed by the Provider for providing this Service. The Provider is not responsible for the quality of the general use communication channels, through which the 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 theft of the information on the record, which took place through the fault of third parties, the Client will send to the Provider the declaration of replacement of the record, the Provider is not responsible for the actions of third parties, which led to unauthorized use of the Services. -line "until the moment of receiving the Client's statement. The new password will be communicated to the Client at his written request or to the address of the Client's electronic contact mail.
6.7. The Client bears full responsibility to the Provider for presenting false information regarding the affiliation of the Objects, for using the Services on an "online" basis, as well as for using the conclusions or recommendations communicated by the Provider as a result of providing the Services, for any illegal purposes, such as be: unauthorized access to computerized information (information, which is stored in computers, on information carriers that can be read by machines, in computer systems or networks), destruction, damage, alteration or blocking of networks, copying or deletion of information, disturbance the operation of computers, computer systems or networks, the dissemination of programs or information, which affect the operation of information carriers, the means of data processing, or which harm the security system, breach of the security rules of information systems, etc. In the event of the circumstances indicated in this point, the Client is obliged to fully compensate 4 damages thus caused to the Provider, including material sanctions, applied to the Provider by third parties, as well as to assume the risk for possible damages caused to third parties, and to pay the Provider fine for each case of violation, in the amount of 6200 LEI. The Provider is not liable for any damages caused to third parties by the actions or inactions of the Client.
6.8. The Provider is not liable due to possible damages caused to the Customer, due to the unauthorized use by third parties of the information communicated to the Customer as a result of the provision of the Services.
6.9. The Provider is not responsible for the direct and indirect risks, related to the capitalization of the Internet network and which do not depend on the Provider.
6.10. Except for the Services specified in this Agreement, the Provider does not provide the Customer and does not control the information, services and products on the Internet.
6.11. The Provider is not liable for any expenses of the Client, which represent the direct or indirect result of the transactions through the Internet or the damage caused to the Client as a result of such transactions. All responsibility for estimating the accuracy, completeness and usefulness of any opinions, services or other information, quality or characteristics of goods, delivered via the Internet, rests with the Customer.
6.12. Additional measures of liability of the Parties under the Agreement on the provision of integrated intelligent services for non-performance or improper performance of the contractual clauses are indicated in the text of the Agreement and the Annexes thereto.
7. FORCE MAJEURE CIRCUMSTANCES
7.1. n the event of force majeure, which has made it impossible to perform the contractual obligations properly, that Party shall be released from liability for non-performance of such obligations. If the force majeure action is temporary, the time limit for performance of the contractual obligations in question will be extended according to the force majeure action period.
7.2. The notification of circumstances of force majeure shall be sent by the Party concerned to the other Party within two days of the occurrence of force majeure. Otherwise, the affected Party shall be liable for damages caused to the other Party by the delayed notification.
8. CONTRACTUAL NOTICES
8.1. Notifications, notices, claims, requests and other official materials shall be sent between the Parties as follows:
8.1.1. from the Provider to the Client - by e-mail to the Client's contact e-mail address and through the Provider's World Wide Web page ( https://my.ihost.md
8.1.2. rom the Client to the Provider - in written form by fax or registered mail, unless otherwise stated in the respective Annex for each specific category of services.
9. OTHER PROVISIONS
9.1. If any point of the Integrated Intelligent Services Agreement proves unsustainable in literal application, it will be interpreted in accordance with the legislation in force, taking into account the initial interests of the parties, and the remaining part of the Agreement will continue to 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 cause of the modification of the provisions of the Contract for the provision of integrated intelligent services.
9.3. The non-exercise by the Provider of any contractual clause does not mean the waiver of the rights offered by this clause.
9.4. Any actions of the Client or their consequences, which, in the opinion of the Provider, may lead to the deprivation of or limitation of the possibility of benefiting from the services of the Provider for another client (natural or legal person), are inadmissible and constitute grounds for termination of the Smart Services Agreement. integrated.
9.5. The Provider is entitled to refuse the Client the provision of the Service, 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, health and safety of persons; The provision of the Service is not possible, given certain physical, topographical and other natural impediments; 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 a dispute, the Parties shall make every effort to resolve the dispute through negotiations. Otherwise, the disputes will be sent for examination to the courts at the Provider's premises.