Public offer for hosting services
This document, in accordance with Articles 395 and 387 of the Civil Code of the Republic of Kazakhstan, is an offer Limited Liability Partnership “ASTRAHOSTING” (hereinafter referred to as the Provider) to any individual, legal entity or individual entrepreneur, hereinafter referred to as the “User”, and contains all essential terms and conditions for the provision of hosting services and other related services, as well as the provision by the Provider of access to third–party services (hereinafter referred to as the Services).
The moment of acceptance of this Agreement, i.e. the User’s full and unconditional acceptance of the terms of this Agreement, is considered to be the User’s registration of an Account in his Personal Account or payment for the Provider’s services. From the moment of acceptance, the User is considered to have read and agreed to this Agreement, and in accordance with Article 396 of the Civil Code of the Republic of Kazakhstan, from the moment of acceptance, enters into contractual relations with the Provider on the terms specified in this Agreement.
1. TERMS AND DEFINITIONS
Provider’s website: https://astrahosting.net
Hosting is a service for providing resources (computing power, disk space, network connections) for hosting, storing, and maintaining User information systems, applications, data, and other objects.
Confidential information is commercial and/or organizational and technological information that is confidential to any of the Parties, including, but not limited to: information about the organization of the Provider’s Services; information about the organization of the User’s infrastructure; access data to infrastructure elements; information contained in the Personal Account (except in cases provided for by law); other information, data and information exchanged by the Parties in the context of the performance of the Contract with the implied unavailability to third parties.
Personal account is an electronic account in your Personal Account that displays the receipt and expenditure of funds to pay for the User’s Services.
Personal Account is a non-public section of the Provider’s Website designed to manage User Services, including: authorization, ordering, management and use of Services, payment management, information exchange, access to settings and statistics. Identification is performed using a username and password. Any person who has provided the correct User identification data is considered authorized by him to perform all actions in his Personal Account.
The minimum period for which a Service can be ordered is the period for which the Service cannot be ordered (determined by the technical features of the Service). The cost of the Service is charged for at least the Minimum period.
A User is an individual, legal entity, or individual entrepreneur who has entered into an Agreement with the Provider by registering an Account in his Personal Account and/or has paid for the Provider’s services. The person whose data is used for registration is the Account Owner and is authorized to act on behalf of the User. Information about the Owner is displayed in the Personal Account.
Tariff is a description of a typical or User-configurable set of Provider’s Service parameters and their cost.
Service is the Provider’s provision of hosting resources and other related services to the User, as well as the Provider’s provision of access to the services of third-party service providers.
An Account is a collection of data about a User, their Services, payments, representatives, requests to a Provider, and other information stored in a Personal Account.
SLA (Service Level Agreement) is a document that defines the parameters of service availability, the timing of incident response and compensation for violations of indicators.
An incident is a failure in the operation of Services, leading to a violation of their availability or functionality.
An application is a formalized request from the User for the provision/modification of services in his Personal Account.
2. SUBJECT OF THE AGREEMENT
2.1. The Provider provides Hosting Services and other services to the User according to the User’s requests made in the Personal Account.
2.2. The Agreement applies to all User’s Services, with the exception of Services for which separate written agreements have been concluded.
2.3. All Services are provided on an “as is” basis.
2.4. Special conditions may be set for individual services in the SLA, including:
● Acceptable application types;
● Load limits;
● Backup requirements.
3. COST OF SERVICES, ORDER PROCEDURE, CALCULATIONS AND ACCEPTANCE OF SERVICES
3.1 The cost of Services is determined by the current Tariffs, information about which is posted in the Personal Account and/or on the Provider’s Website.
3.2 Monthly consumption of Services is calculated in the Personal Account and funds are debited from the Personal Account:
3.2.1. For Services with advance payment – for the current billing period;
3.2.2. For Services with payment “upon consumption” – for the previous billing period. 3.3. The cost change takes effect from the date of publication; the payment is debited at the new prices.
3.4. When funds are deposited over several periods and the cost of services changes, the duration of the covered period changes proportionally.
3.5. If the Service is provided for less than the Minimum Period (specified in the SLA), its cost is equal to the cost for the Minimum Period.
3.6. If there is a shortage of funds in the Personal Account, the provision of the Service is automatically suspended for the period specified in the SLA, which is notified to the User. In order to resume using the Service, the User must replenish the account for the amount owed during the suspension period and also pay the cost of the Service for one billing period.
3.7. Upon expiration of the suspension period, the Provider has the right to delete the Service without the possibility of restoration.
3.8. A one-time fixed fee may be charged for enabling additional Hosting features. If the User refuses the Service after the start of its provision and activation of the characteristics, the Provider has the right to deduct 100% of the cost of the Service.
3.9. Payment is made in tenge using the methods available in the Personal Account. The fact of payment is confirmed after funds are credited to the Provider’s account and the payment is identified (up to 2 business days). All payments are recorded on the Personal Account.
3.10. When paying by bank transfer, a link to the Provider’s account number is required in the purpose of the payment.
3.11. The User independently forms an account in his Personal Account and is responsible for choosing the payment method, correctness and timeliness of payments. 3.12. The User can set up an Autopayment. By setting up an Autopayment, the User agrees that all automatic payments are made with his knowledge.
3.13. For Users who have paid for services by bank transfer, the fact of the provision of services is documented by an electronic act of completed work. On the 5th day of the month following the month of service provision, an EAWR is automatically created in your Personal Account. If the User does not object to the quality or cost of the services within five business days after its formation, they are considered completed and accepted in full. This condition applies regardless of when the EAWR is actually signed.
3.14. The Services are considered to have been properly provided and accepted if the User has not objected within 5 (five) days of the month following the month of provision.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Provider has the right to:
4.1.1. To recover losses caused by violation of the Agreement by the User (including at the expense of Personal Account funds without acceptance). The obligation to pay damages remains after the termination of the Contract.
4.1.2. To collect a fine in the amount of 100% of the balance on the Personal Account at the time of termination, if the violation led to the termination / termination of the Service.
4.1.3. Involve third parties in the execution of the Agreement.
4.1.4. Request documents confirming the accuracy of information about the User, the legality of his activities (licenses, permissions of copyright holders), and responses to third-party claims. The request is subject to execution within no more than 1 business day. 4.1.5. Use the means of User identification to notify an unspecified group of people about the User as a client.
4.1.6. Use anonymized usage statistics and error reports for scientific and research purposes.
4.1.7. Use information security tools to counter network attacks and malware (including third-party developers). The use of such tools does not guarantee the suppression of incidents and is not the basis for information security claims.
4.1.8. Use technical means to monitor the operation of the infrastructure (copy, access, store, disclose data on usage, settings, environment) in order to comply with the legislation on hosting, control the legality of use, collect statistics, search for vulnerabilities, analytics and research – without notifying the User.
4.1.9. Use “cookies” and allow their use to partners/advertising services.
4.1.10. Block access to the hosting for up to 24 hours if DDoS/other network attacks are detected from the User’s resources that significantly affect the Provider’s infrastructure, with notification through the Personal Account.
4.1.11. Prohibit automatic access to the services and stop receiving automatically generated information.
4.1.12. Suspend or restrict the provision of Services until the circumstances are clarified/violations are eliminated in the following cases:
● Lack of registration/Applications;
● non-payment/late payment, non-fulfillment of obligations;
● the decision of the authorized state agency;
● posting prohibited content;
● violation of the Contract, Rules of registration/use, SLA;
● the occurrence of risks of harm to the Provider /clients due to User actions; infrastructure
● the User’s refusal to assist in the investigation of violations;
● actions that restrict access to other users, attempts at unauthorized access;
● placement of software that disrupts the functionality of Services;
● Support/use of spam activity;
● use for posting search spam, phishing, and data collection;
● other cases under the legislation of the Republic of Kazakhstan/regulations of regulatory authorities (ICANN, RIPE, etc.) /Agreement/SLA. In these cases, the Provider reserves the right to refuse to provide Services without refund for the unused period.
4.1.13. Delete User data without recovery upon termination of the Agreement /termination of the Service.
4.2. The User has the right to:
4.2.1. Change the composition and number of Services, hosting configuration (if technically possible).
4.3. The Provider is obliged to:
4.3.1. Provide the Services properly in accordance with the Agreement and Appendices.
4.3.2. Ensure the provision of Services in accordance with the SLA.
4.3.3. Maintain a Personal Account and reflect receipts/debits in a timely manner.
4.3.4. Inform the User about changes in Tariffs and terms of the Agreement through the Website. 4.4. The User is obliged to:
4.4.1. Promptly and carefully review the terms of the Agreement, Appendices, Tariffs, Services, and information on the Website.
4.4.2. Comply with all the terms of the Agreement and Appendices.
4.4.3. Communicate respectfully with the Provider’s staff.
4.4.4. Keep Account information up-to-date (full name, banking details, addresses, contacts).
4.4.5. Ensure the confidentiality and safety of their data hosted using the Services; ensure the deployment, configuration and operation of backup facilities.
4.4.6. Monitor the balance and replenish the Personal Account in a timely manner.
4.4.7. Ensure the security and relevance of software hosted/operated using the Services; eliminate vulnerabilities in a timely manner; comply with information security requirements; use strong passwords.
4.4.8. To ensure that the data of the domain resource records and the applications/services used are up-to-date. After termination of the Contract, exclude all references/ references to IP addresses, services and services of the Provider.
4.4.9. To prevent actions that damage the business reputation of the Provider.
4.4.10. Provide and keep up-to-date information for identification, authentication, legislation of the Republic of Kazakhstan. Contract execution and compliance
4.4.11. To compensate the Provider and/or third parties for losses incurred due to the violation of their obligations by the User.
4.4.12. Immediately inform the Provider about the facts of unauthorized use of the Account/Personal account, hacking.
4.4.13. Do not post prohibited content, information prohibited for distribution under the legislation of the Republic of Kazakhstan/international law; spam, phishing pages, materials for collecting financial/personal data; content violating copyright/other morals / public order. rights of third parties, norms
4.4.14. Assist the Provider in investigating incidents/violations.
4.4.15.1. The User is prohibited from using the Services for storing, distributing, publishing or otherwise using information that violates the laws of the Russian Federation and international standards, including:
• materials protected by copyright or other right without the consent of the copyright holder;
• pornographic, erotic, immoral content;
• malicious, defamatory, offensive materials;
• Content inciting hatred, discrimination, violence, or abuse;
• information about illegal actions, weapons, explosives, etc.;
• personal data of third parties without their consent;
• file sharing programs (BitTorrent, etc.);
• viruses, malware, or instructions for unauthorized access.
4.4.15.2. The User is prohibited from using the Services for unfair and illegal actions, including:
• mining and other operations with cryptocurrencies;
• creation of open (anonymous) servers, proxies, mail gateways;
• network attacks, hacking attempts, disruptions of the Provider’s or third-party equipment;
• impersonating another person, faking an IP address or identification data;
• sending spam, unsolicited ads, intrusive emails, or forced subscriptions;
• advertising of prohibited goods and services;
• distribution of other people’s e-mail lists, pyramids, MLM and similar schemes;
• other abuses of granted rights.
4.4.16. In case of violation by the User of the provisions of this Agreement and/or its Appendices, the Provider, at its sole discretion and based on its own assessment of the degree of violation, has the right:
• suspend or terminate the provision of Services;
• delete the Service(s); • unilaterally (out of court) terminate the Agreement by immediately terminating the User’s access to the Personal Account.
5. CONFIDENTIALITY AND PERSONAL DATA
5.1. The Parties undertake not to disclose Confidential Information to third parties if it is not legally freely accessible and has actual/potential value.
5.2. The Party receiving Confidential Information shall take measures to protect it.
5.3. Confidential information is protected during the term of the Agreement and 5 (five) years after its termination.
5.4. The processing of personal data by the Provider is regulated by the documents posted on the Website.
5.5. When processing personal data of third parties provided by the User, the User guarantees the consent of the data subjects.
6. VALIDITY PERIOD, CHANGES IN TERMS AND TERMINATION
6.1. The Agreement comes into force from the moment of acceptance of the offer and is valid until the end of the calendar year.
6.2. The validity period is automatically extended for the next year, if neither Party has declared termination 30 (thirty) days before the end of the year.
6.3. The automatic extension of the term of the Agreement is established indefinitely.
6.4. The Provider has the right to change/supplement the terms of the Agreement. The changes will take effect from the date of publication on the Website. In case of disagreement, the User has the right to terminate the Agreement by sending a written notification. The Contract is considered terminated from the next business day after the Provider receives the notification. Failure to notify of disagreement within 10 (ten) calendar days means acceptance of the changes.
6.5. The User has the right to terminate the Agreement unilaterally by notifying the Provider in writing 30 (thirty) days in advance. The User reimburses the Provider for all actual expenses incurred prior to termination.
6.6. The Provider has the right to terminate the Agreement unilaterally by notifying the User 30 (thirty) calendar days in advance.
6.7. The Provider has the right to suspend/terminate the provision of Services, delete the Service, terminate the Agreement unilaterally if the User violates the terms of the Agreement./Applications.
6.8. In case of early termination of the Services, the Provider returns to the User the cost of unused Services (minus the cost of used ones), except in cases stipulated by the Agreement./Applications. The refund is made on the basis of a written application by the payment method (except cash). No refund is made to third parties.
6.9. The Provider is not responsible for notifying third parties of the termination of the Services and possible consequences.
6.10. Downtime period: If the User has not replenished his Personal Account or used the Services during the calendar year, a fee for maintaining a Personal Account is charged for the following months of downtime – 13,000 tenge/month. The reward is charged until the balance on the Personal Account is reset. Upon the occurrence of downtime, the Personal Account is archived, the funds are blocked as a security payment (100% of the balance). The blocked funds are debited 12 months after the start of the downtime. Restoring the Personal Account at the request of the User. If there is no remaining balance on the date of downtime, the Contract is considered terminated, and the Personal Account can be deleted.
6.11. When the Service is deleted by the Provider, all User data is permanently deleted.
7. CLAIMS AND DISPUTES
7.1. Disputes are resolved through negotiations, and if no agreement is reached, in accordance with the legislation of the Republic of Kazakhstan.
7.2. The pre-trial claim procedure is mandatory. The deadline for responding to a claim is 30 (thirty) calendar days from the date of receipt. Claims are accepted only in writing. 7.3. The claim must contain: The name / full name of the applicant; the address for the response; the details of registration / identification document; the basis; the amount of the claim; bank details; list of appendices.
7.4. The claim is signed by the applicant/authorized representative. Anonymous claims are not considered.
7.5. Unresolved disputes are resolved in court in accordance with the legislation of the Republic of Kazakhstan.
7.6. In case of suspicion of illegal actions of the User, the Provider has the right to involve experts. Upon finding fault, the User reimburses the costs of the examination.
7.7. At the request of the Provider, the User agrees to transfer personal data/other data to third parties in order to resolve a dispute between the User and a third party.
7.8. Upon receipt of claims from third parties about infringement of intellectual property rights, the Provider sends them to the User through his Personal Account. The User is obliged to settle the claim or stop using/delete infringing objects within 24 (twenty-four) hours. After 24 hours, the Provider has the right to delete the Service in respect of which the claim has been received.
8. FORCE MAJEURE CIRCUMSTANCES
8.1. The Parties are released from liability for non-fulfillment of obligations caused by force majeure (natural disasters, accidents, DDoS attacks, terrorist acts, military actions, civil unrest, government prohibitions, sanctions, etc. circumstances beyond the reasonable control of the Parties).
8.2. The period of performance of obligations is extended in proportion to the duration of force majeure and additionally the time to eliminate the consequences (maximum 60 calendar days). If the force majeure is in effect for longer or obviously will be in effect for longer than 60 days, the Parties discuss alternative ways to execute/terminate the Contract without compensation for damages. The provider returns the unused funds.
9. TERMS OF PAYMENT AND REFUND
Payment by bank card:
9.1. Payments are accepted from individuals using Visa and MasterCard cards.
9.1.2. To pay with a bank card, you must:
• Log in to your Personal Account.
• Select the payment method “Bank cards”.
•After verifying your details, the system will redirect you to a secure payment page.
9.1.3. For payment, you will need to specify:
• Card number;
• name of the owner;
• card validity period;
• the security code (CVV2 for Visa, CVC2 for MasterCard) indicated on the back of the card.
After entering the data, you will be redirected to the payment confirmation page via 3-D Secure. If a static code is not configured, you will receive an SMS with a confirmation code. In his absence, it is necessary to contact the servicing bank.
9.1.4. Possible reasons for refusal of payment:
• the card does not support online payments;
• insufficient funds in the account;
• an error in the card details;
• The card expired.
If you have difficulty making a payment, contact the processing center of the relevant payment system (Visa or MasterCard).
9.1.5. Payment security:
• All payments are processed through the certified payment gateway of Bank Centercredit JSC using SSL encryption and 3-D Secure technology, which eliminates unauthorized access.
• The card details are not saved in the system and are transmitted to the bank in encrypted form.
• Transactions comply with Visa, MasterCard security standards and PCI DSS 3.0 requirements.
9.2. Bank transfer:
9.2.1 The payment method is available for both companies and individuals. We provide legal entities with the entire package of necessary documents.
9.2.2. Before the transfer, go to your Personal Account and select the “Bank Transfer” method. And create an invoice for the payment. You can use the saved payer’s data or add new ones. When adding a new legal entity as a payer, be sure to check the banking details.
9.3. Refund:
9.3.1. Refund is possible in case of early cancellation of services, subject to the conditions:
• refunds are made only after termination or modification of the Contract;
• The refund amount must be available at the time of application;
• The refund is made using the same method as the payment;
• payment system fees are not refunded;
• in case of early termination of the use of the service, no refund is made for the unused period.;
• in case of violation of the terms of the Contract, the refund is not carried out;
• the refund period is up to 30 calendar days from the date of receipt of the application;
• The refund rules are regulated by the acquiring bank;
• Additional refund terms may be specified in the Public Offer.
9.3.2. To refund funds, you must:
• send a refund request (the form is provided by technical support);
• individuals should attach a copy of their passport;
• for legal entities, a power of attorney/other document confirming authority and a copy of the authorized person’s passport.
9.3.4. In case of an erroneous payment, submit an application with the above documents. The refund amount will correspond to the purchase price.
10. OTHER CONDITIONS
10.1. This Agreement supersedes all previous agreements of the Parties on its subject matter.
10.2. The User’s actions in the Personal Account change the rights/obligations of the Parties. The information printed and certified by the Provider from the Personal Account is proof of disputes.
10.3. Correspondence is conducted through the Personal Account (it is recognized as a simple written form). The Parties undertake to receive the messages in a timely manner and bear the risk of late receipt.
10.4. The current version of the Agreement published on the Website applies to the relations of the Parties.
10.5. Applications (Terms of Service, SLA, License Agreements, etc. documents on the website), Tariffs are an integral part of the Agreement.
10.6. The Provider has the right to transfer the rights/obligations under the Agreement to a third party (Successor) with the notification of the User. The conclusion of the Agreement means the User’s consent to such transfer.
10.7. The Parties are responsible for violating obligations under the Agreement and the legislation of the Republic of Kazakhstan.
10.8. The Provider provides Services only to identified Users.
10.9. The Account data change is initiated only by its Owner.
10.10. The Provider is not responsible for blocking the User’s domains and its consequences. The User undertakes to independently interact with the authorized authorities to remove the lock.
11. DETAILS OF THE PROVIDER
Limited Liability Company “ASTRAHOSTING”
BIN 260940088833
Republic of Kazakhstan, 010000, Astana city, Yesil district, Kerey Zhanibek khandar str., 22, n.p. 315.
R/s KZ898562203159782496
Bank JSC “Bank CenterCredit”
BIC KCJBKZKX
Kbe 17