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Please carefully review our Terms of Service before using our services. Your agreement to these terms is required to use our product/service. Thank you!
Effective date: 1 January 2024
This Agreement constitutes a public offer and is equivalent to an "oral agreement", and in accordance with the current legislation of Ukraine, it has proper legal force. In accordance with Article 642 of Chapter 53 of the Civil Code of Ukraine, unconditional acceptance of the terms of this public offer (Agreement) is considered by the CUSTOMER to be the execution of a payment for the services and the receipt by the PROVIDER of the corresponding financial document confirming the payment.
The individual entrepreneur Seleznov Vitalii, hereinafter referred to as the Provider, and the individual or legal entity ordering and paying for the services, hereinafter referred to as the Customer, on the other hand, have entered into an Agreement on the following:
Terms and Definitions
Server - a hardware computing system for running service software.
Virtual server - is a software emulation of a hardware server. Multiple isolated virtual servers with a portion of the hardware server's resources allocated to them can be run on one hardware server. It may also be referred to as: Virtual Server, Virtual Machine, VPS (Virtual Private Server), VDS (Virtual Dedicated Server).
Dedicated server / Bare Metal Server - a service that allows a client to rent a physical server.
Colocation - the placement of server or network equipment in a "Rackmount" form factor in a server cabinet (rack) in the service provider's technical facility, with equipment connected to power and Internet network. It may also be referred to as: Colocation, Co-location, Server Housing, Server Hosting.
Traffic - the volume of data transmitted or received via the Internet network over a certain period of time.
Tariff plan (tariff) - an offer containing a set of resources, capabilities, and options that can be provided to the client for a certain price.
Login - a unique combination of letters and numbers that can be used to identify the Customer on the resources of the Provider.
Password - a sequence of letters, numbers, and symbols known to the Customer, which, together with the Login, allows access to the resources/services of the Provider.
Order - an electronic application formed by the Customer through the Provider's website, listing the services and containing a unique number.
Client Area - a part of the Provider's website that allows the Customer to place Orders, manage services, pay for services, and submit inquiries to the Provider.
Ticket system - a part of Client Area that allows submitting inquiries to the Provider and receiving responses to them.
Correct data - accurate information provided by the Customer during registration on the Provider's website, which is necessary for identifying the Customer and providing services.
DDoS attack - a hacker attack on a server or network infrastructure aimed at causing it to fail.
Provider's website - a website available on the Internet at https://serverio.io.
Spam - distribution over the Internet of any information that contradicts the requirements of Ukrainian legislation or the norms of international law contained in international treaties and conventions, of which Ukraine is a party. Distribution is understood as both mass distribution of multiple electronic messages to multiple recipients and multiple distribution to one recipient, as well as the use of the Provider's details (web pages, e-mail) in such distributions made through another Provider. Messages refer to email messages, messages on various web resources, and messages in messengers.
Additional services - optional services not included in the Tariff plan.
Scheduled maintenance - actions performed by the Provider with its hardware or software, necessary for maintaining or improving the operation of the technical infrastructure.
Emergency maintenance - actions aimed at restoring the operability of hardware, software, or network infrastructure or their individual components that have unexpectedly failed.
Technical support regulations - a set of rights, duties, and responsibilities of the Provider's technical support service. The regulations are published on the Provider's website.
1.1. The Provider undertakes to provide the services selected by the Customer in accordance with the Procedure for the Provision of Services. The list of services provided is published on the Provider's website. The Provider ensures technical support and provides services specified in this Agreement either personally or with the involvement of third parties. The Customer undertakes to pay for the services selected by them in accordance with the rates specified on the Provider's website within the framework of the Customer's chosen Tariff or services and in the manner determined by this Agreement.
2.1. By selecting a service, the Customer creates an order using the appropriate forms and tools on the Provider's website. The Provider issues an invoice to the Customer for payment for the selected service in electronic form.
2.2. The commencement of service provision is considered to be the Customer's payment of an advance payment for at least one billing period based on the invoice issued by the Provider.
2.3. The Provider maintains records of the Customer's services and payments.
2.4. The Customer has the right to submit claims to the Provider related to the services to the Provider's email address no later than 7 (seven) days after the provision of the services. If within 7 (seven) days after the provision of the services the Customer has not submitted a claim regarding the quality of the services provided, it is considered that the services provided or work performed comply with the contract requirements and are accepted by the Customer in full.
2.5. Upon registration (order formation), as well as during the use of the service, the Customer undertakes to provide correct data about themselves, including a valid email address. If necessary to verify the Customer's identity, the Customer undertakes to provide all data (documents) necessary for the Provider to conduct such verification.
2.6. The Customer has the right to receive technical support through the Ticket system or the Provider's technical support service email: [email protected].
2.6.1. The Provider's technical support service operates in accordance with the Technical Support Regulations.
2.6.2. The technical support service may assist the Customer outside the Technical Support Regulations at its discretion and for an additional fee. The payment amount depends on the time spent by technical specialists on solving the task set by the Customer.
2.6.3. The Provider reserves the right to refuse to provide technical assistance without explanation.
2.7. The Customer undertakes to provide their identification data (email address, login, last name, first name) in the Provider's system when contacting the Provider.
The Provider has the right to reject inquiries in the following cases:
β Providing inaccurate information about oneself;
β If it is impossible to fulfill due to technical peculiarities of service provision;
β If the inquiry concerns questions of quality, correctness, and error-free operation of software developed by third parties.
2.8. The technical support service does not provide consultation on programming, web design, script settings, and other similar issues.
2.8.1. The technical support service is not obliged to provide consultations on basic software, information about which can be obtained from the respective user manuals for that software, and is not responsible for the unprofessional or unqualified actions of the Customer or their representatives.
2.8.2. The Provider does not provide technical support to individuals who are not customers of the Provider and do not have active services in the Client Area.
2.9. The Provider reserves the right, at its discretion, to request the Customer to provide a photograph or scan copy of identification documents (passport, ID card, driver's license, or other document confirming the Customer's identity), as well as to refuse to provide services without explanation.
β This provision applies to:
β Orders whose preliminary verification raised suspicion of the Customer's provided data's unreliability.
β Customer accounts that may have been compromised.
2.10. The Provider sends notifications to the Customer regarding their services via email. The Provider is not responsible for the delivery of these messages by other mail servers or nodes of the Internet network to the Customer's mailbox.
2.11. The Provider has the right to suspend or restrict the provision of services to the Customer without prior notice:
β In case of the Customer's non-compliance with the terms of this Agreement;
β If the Provider has sufficient grounds to believe that any actions taken by the Customer using the services provided to them under this Agreement cause or may cause damage to the Provider, other customers, or the normal functioning of the Provider's technical infrastructure;
β In case of the Customer's sending of unsolicited messages (spam) in any form;
β If the resources (services) provided to the Customer are used to carry out DDoS attacks or any other type of hacker attacks regardless of their target;
β If a DDoS attack is carried out on the virtual server, dedicated server, colocated server, or other equipment of the Customer within the framework of the colocation service, which may affect the performance of the Provider's infrastructure. The resumption of service provision is at the discretion of the Provider.
β When the provision of services to the Customer harms the business reputation of the Provider;
β If the Customer engages in any illegal activities using the services provided by the Provider;
β Upon receipt of a demand from authorized state bodies in case of violation of the laws of Ukraine, the laws of the country where the server is located, or international law.
2.12. In case the Customer's requirements for the hardware or other resources of the Provider exceed those provided by the Customer's selected tariff plan, the Provider, based on facts (various monitoring data, excerpts from documentation), proposes to the Customer to switch to another tariff (a higher-class service) that will ensure the proper quality of the service provided. If the Customer refuses to switch to another tariff/service, the Provider does not guarantee the proper quality of the service provided, does not accept claims regarding the quality of the service provided, and does not provide refunds in case of dissatisfaction with the quality of the service provided.
3.1. The Provider grants the Customer access by publishing in the Client Area of the Customer or via email the information necessary for using the service, as well as for managing the virtual server: powering on, powering off, rebooting, access to the console or terminal, SSH access (if provided by the Tariff plan), and remote desktop access (if provided by the Tariff plan).
3.2. The Provider provides the Customer access to information about their usage of virtual server resources (statistics).
3.3. The Provider notifies the Customer of Planned technical maintenance no later than 24 hours before its commencement and makes all possible efforts to inform the Customer about Emergency technical maintenance by publishing information in Client Area or via email.
3.4. The Customer can order additional IP addresses for the virtual server. The number of IP addresses available for ordering is determined by the Tariff plan. To order more IP addresses than specified by the Tariff plan, the Customer must provide an IP address usage plan.
3.6. The Provider makes every effort for the continuous and uninterrupted operation of the Virtual server and its availability on the Internet. The Customer acknowledges the fact that it is impossible to ensure absolutely continuous operation of the Virtual server and its absolute availability on the Internet.
4.1. The Provider grants the Customer access by publishing in the Client Area of the Customer or via email the information necessary for using the service, as well as for managing the Dedicated server:
β Powering on (if provided by the tariff plan)
β Powering off (if provided by the tariff plan)
β Rebooting (if provided by the tariff plan)
β KVM or IPMI (if provided by the tariff plan)
β SSH access (if provided by the operating system)
β Remote desktop access (if provided by the operating system)
4.2. The cost of the dedicated server includes the installation of the operating system and basic server setup. Technical assistance not included in the Tariff plan may be provided upon request by the Technical Support service on a paid basis.
4.3. The Customer can order additional IP addresses for the Dedicated server. The number of IP addresses available for ordering is determined by the Tariff plan. To order more IP addresses than specified by the Tariff plan, the Customer must provide an IP address usage plan.
4.4. Refunds for dedicated server rental services and related additional services are provided only if the Provider has not yet begun processing the Order.
4.5. The Provider makes every effort to ensure the technically correct condition of the Dedicated server, its continuous and uninterrupted operation, and its continuous availability on the Internet. The Customer acknowledges that components of the Dedicated server may fail due to natural wear and tear. The Customer also acknowledges the impossibility of ensuring absolutely uninterrupted access to the Internet due to the peculiarities of the Internet network operation.
5.1. The Provider places the Customer's Server(s) or other equipment in "Rackmount" form factor with dimensions of 19β²β² on its technical platform, ensuring its connection to the uninterruptible power supply network with electricity voltage of 220V.
5.2. The Provider provides Internet connection for the Customer's Server(s) or other equipment based on this Agreement.
5.3. The Provider provides a routable static (permanent) IP address for each unit of the Customer's equipment.
5.4. The Customer independently or through a delivery service delivers their equipment to the Provider's technical platform. The Provider does not provide delivery services to the Customer.
5.5. The Provider makes every effort to ensure the integrity and safety of the Customer's Server(s) or other colocated equipment on its technical platform. The Provider is not responsible for natural wear and tear of the equipment or its components, as well as damage caused by third parties.
5.6. The Customer has the right to access the Provider's technical platform to perform manipulations with their Server(s) or other colocated equipment if provided by the Tariff plan or access policy to the technical platform. All operations performed by the Customer on the Provider's technical platform are carried out in the presence of the Provider's representative. In the event of the Customer's inability to access, the Provider may perform the necessary manipulations within the "Remote Hands" service according to the tariffs on the Provider's website.
5.7. The Customer can order additional IP addresses for the colocated server within the Colocation service. The number of IP addresses available for ordering is determined by the Tariff plan. To order more IP addresses than specified by the Tariff plan, the Customer must provide an IP address usage plan.
5.8. The Provider makes every possible effort to ensure constant and uninterrupted power supply and Internet access for the Customer's Server(s) or other colocated equipment. The Customer acknowledges the fact that it is impossible to provide their equipment with absolutely uninterrupted power supply and absolutely uninterrupted access to the Internet due to the peculiarities of the functioning of the Internet network.
6.1. The Provider offers disk space according to the chosen Tariff plan, as well as access details to the storage for the Customer to upload their data.
6.2. The Customer independently installs and configures the necessary software for uploading data to the storage.
6.3. The Customer is responsible for monitoring the availability of free disk space within the chosen Tariff plan. In case of insufficient disk space, the Customer may switch to a plan with larger disk space without losing existing data in the storage.
6.4. The Provider makes every possible effort to ensure constant and uninterrupted access for the Customer to their data. The Customer acknowledges the fact that it is impossible to provide absolutely uninterrupted access to their data.
7.1. The Provider reserves the right to unilaterally change prices for its services.
7.2. Payment for services is made by the Customer in the form of prepayment to the Provider according to the issued invoice.
7.3. The Customer undertakes to pay for services regardless of whether they are used.
7.4. The Customer pays the invoice by transferring funds to the Provider's current account.
7.5. The Customer is responsible for the accuracy and timeliness of their payments. If, for any reason, payment cannot be made within the agreed contract terms, the Customer agrees to notify the Provider. Payment deferral is at the discretion of the Provider.
7.6. The Provider sends the Customer an invoice by email to renew the service period at least 7 (seven) calendar days before the expiration of the current paid period.
7.7. Payment is made for a period chosen by the Customer when placing an order on the Provider's website. The service can be paid for no less than the minimum period possible for the specific service. The payment period can be changed upon the Customer's request.
7.8. When making a direct payment to the Provider's bank account, the Customer must specify the invoice number in the "Payment Purpose" field. Otherwise, the Provider does not guarantee the crediting of received funds towards the Customer's service payments.
7.9. Bank charges for paying the Provider's invoices are borne by the Customer. When paying by bank card in a currency different from the chosen payment method currency, the total transaction amount may be higher than the declared service cost due to additional commission on the issuer bank's side.
7.10. In case of changes to the Provider's bank details, the Provider informs the Customer. The Provider does not guarantee the crediting of payments to old details made after notifying the Customer of their change and is not responsible for such payments.
7.11. The invoice is considered paid upon receipt of funds into the Provider's current account. When issuing an invoice for payment of a new service or renewal of an existing one and if there are funds on the Customer's internal balance in the system, the funds from the internal balance are automatically applied to the invoice up to its full payment if there are enough funds.
7.12. Refunds upon the Customer's request are possible only if it does not contradict other provisions of this agreement. For services actually provided.
7.13. Refunds for unused services or canceled orders are made by the Provider within 10 (ten) banking days from the moment of refusal to provide services upon presentation of documents confirming the Customer's identity. The refund amount is calculated by the formula S-((S/30)*N), where S is the amount paid by the customer, and N is the number of days of the unused payment period.
7.14. Refunds for services to which other services were additionally provided as a gift or bonus are made with the deduction of the full cost of additional services provided as a gift or bonus.
7.15. Upon successful payment by bank card, the Provider retains its identifier in the system, which will be used for automatic payments when renewing any service. The Customer can block automatic payment at any time by submitting a corresponding request to the Support Service.
7.16. When paying for an order by bank card, the payment processing (including entering the card number) takes place on a secure page of the processing system or through data exchange via API (Application Programming Interface) using SSL/TLS encryption with the processing system server, which has undergone international certification. This means that the Customer's confidential data (card details, registration data, etc.) are not transmitted to the Provider. Their processing is fully protected, and no one, including company employees, can access the Customer's payment and banking data.
8.1. The Provider undertakes to:
8.1.1. Provide primary and additional services in accordance with the terms of the tariff plan selected by the Customer.
8.1.2. Provide technical consultations upon the Customer's request to the extent necessary for the interaction between the parties in fulfilling the conditions of this Agreement.
8.1.3. In case of violation of the conditions of this Agreement, notify the Customer by email of the detected violation.
8.1.4. Notify the Customer in case the Provider discovers any attempt by third parties to obstruct the provision of services to the Customer, if special actions by the Provider are required to eliminate the consequences or prevent such cases.
8.1.5. Notify the Customer of the suspension of service provision.
8.1.6. Not disclose or use information regarding the Customer's activities that became known to the Provider during the execution of this Agreement for any purposes other than fulfilling the conditions of this Agreement, except as provided by law.
8.2. The Customer agrees to:
8.2.1. Provide complete and accurate information about themselves. The Provider is not responsible for the consequences that arise due to the incorrectness of the provided data. If necessary to verify the Customer's identity, the Customer agrees to provide all data (documents) necessary for the Provider to conduct such verification.
8.2.2. Fulfill the conditions outlined in this Agreement.
8.2.3. Timely make payments for the services in accordance with the Agreement.
8.2.4. Not take any actions, intentionally or unintentionally, leading to the disruption of the operation of the software and/or systems of the Provider.
8.2.5. Not use the services provided by the Provider to engage in activities that contradict national and international legislation. The services provided by the Provider cannot be used for the advertising, sale, or other distribution of goods and services, the turnover of which is directly or in the form of exceptions prohibited or restricted by law.
8.2.6. Submit a request to cancel the service before the invoice for the next billing period is issued to avoid automatic subscription renewal charges in payment systems.
8.3. The Parties undertake:
8.3.1. Not to disclose to third parties without mutual consent organizational, technological, and commercial information constituting a secret for any of the Parties (hereinafter referred to as "confidential information"), provided that:
β such information has actual or potential commercial value due to its unknown nature to third parties;
β such information is not freely accessible on a legal basis;
β the holder of such information takes appropriate measures to ensure its confidentiality;
β confidential information shall be protected throughout the term of the Agreement, as well as for a period of 5 (five) years from the date of its termination.
8.4. The Customer has the right to:
8.4.1. Use the purchased services at their discretion within the framework defined by legislation and this Agreement.
8.4.2. Receive technical consultations to the extent necessary for the correct interaction of the Parties in fulfilling the terms of this Agreement.
8.4.3. Approach the representative of the Provider with proposals on improving the quality of the provided services and optimizing the process of their use by the Customer.
9.1. The Provider has the right to unilaterally make changes to the text of this Agreement (public offer). The Provider notifies the Customer of any changes to the text of this Agreement.
9.2. If the Customer does not agree with the changes to the Agreement, they have the right to unilaterally terminate the Agreement.
9.3. If the Customer terminates the Agreement due to disagreement with the changes in it, the Customer must settle any outstanding debts with the Provider, and the Provider must refund any prepaid amounts for services if this does not contradict other provisions of this Agreement.
9.4. The Parties to the Agreement have the right to unilaterally terminate it. For this purpose, the Party initiating the termination sends a written or electronic communication to the other Party via email, ticketing system, or electronic document management system. The communication must be sent no less than 30 days before the termination date.
9.5. The Provider has the right to immediately and unilaterally terminate the Agreement with the Customer in case of the Customer's violation of international or national legislation or provisions of this Agreement.
10.1. The Provider gives the Customer the opportunity to use third-party software. The Provider does not guarantee the achievement of any specific results that may be obtained when using such software. The Provider is not responsible for any malfunctions in the operation of such software.
10.2. The Customer has the right to add and use third-party software when using the Provider's services only in cases where it is compatible with the services provided and approved by the Provider. The Customer uses third-party software at their own risk.
11.1. The Provider is responsible for interruptions in the provision of services according to the Order, except for interruptions caused by the actions of the Customer or third parties.
11.2. The Provider is not responsible for:
11.2.1. Any loss incurred by the Customer as a result of using the services provided by the Provider in cases where the Customer was informed of the possibility of such losses or where such losses result from the actions of the Customer.
11.2.2. The content and accuracy of any information transmitted or received through the provision of services.
11.2.3. The functionality of the Customer's equipment and software used by the Customer.
11.2.4. Loss of profit and/or income, indirect losses, missed opportunities for the Customer during the use or non-use (in full or in part) of the Provider's services.
11.2.5. The technical condition of the network to which the Customer is connected.
11.2.6. The content of the information posted on the Customer's website.
11.2.7. The integrity and accuracy of the Customer's data on the Provider's server.
11.2.8. Issues related to the Customer's use of unlicensed software and technical equipment.
11.2.9. Unqualified actions of the Customer or their representatives regarding the use of the service.
11.2.10. The functionality of software provided to the Customer if the Customer intentionally or unintentionally disrupts its functionality, deletes, or modifies system and service files.
11.2.11. The functionality and suitability for use of software and hardware developed by a third party.
11.2.12. Compliance of the results of the provided services with the Customer's expectations.
11.2.13. Any claims by the Customer related to the Customer's perceived lack of information about the nature, characteristics, components, and possible consequences of the services provided.
11.2.14. The preservation of the Customer's data hosted on the Provider's Servers. Despite the Provider's best efforts to preserve the Customer's data by means of data backup (if provided by the Tariff plan), the Customer undertakes to take care of their data preservation independently.
11.2.15. Damage of any kind suffered by the Customer due to the loss and/or disclosure of their account data (login, password, email, access key) to access the Provider's resources and systems.
11.3. The Customer is responsible for:
11.3.1. Violations of existing legislation committed by the Customer or a third party through the use of services provided to the Customer by the Provider.
11.3.2. Failure to comply with the terms of this Agreement.
11.3.3. Failure to meet the deadlines and procedure for payment for services.
11.3.4. Keeping access parameters to the service (login, password, email, access keys) confidential and for any losses that may result from unauthorized use of access parameters to the service.
12.1. Each Party may transfer its rights and obligations under this Agreement in whole or in part to its successors, branches, subsidiaries, or other persons, provided that the other Party is notified in writing no less than 14 (fourteen) calendar days before the transfer takes place.
13.1. All disputes and disagreements arising from the performance of this Agreement shall be resolved through negotiations between the Parties.
13.2. In case it is impossible to reach an agreement between the Parties, the dispute shall be submitted to the court in accordance with the procedures defined by the applicable legislation of Ukraine.
14.1 Neither of the Parties shall be liable for non-fulfillment or improper fulfillment of the terms and conditions of this Agreement, if it was caused by force majeure, which the Parties could not know in advance or could not foresee. Such circumstances include: fire, flood, earthquake, tsunami, tornado, hurricane, typhoon, landslides, mudflows, snow avalanches, volcanic eruptions and other natural disasters, wars, revolutions, coups d'Γ©tat, strikes, sabotage and terrorist acts, robberies, accidents in the energy supply and communication system, changes in legislation, actions of state bodies and their officials, if these circumstances directly affect the performance of this Agreement.
14.2 The Party, which became aware of the occurrence or approach of such circumstances, shall immediately notify the other Party thereof.
14.3 Execution of this Agreement, in full or in part, shall be suspended for the duration of such circumstances. If the force majeure circumstances continue for more than three months, the Contract shall be deemed terminated.
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