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Agreement

1. OBJECT OF THE AGREEMENT:

By signing this Agreement, Service provider warrants and agrees that it shall provide Customer web hosting, domain registration, email and other related services (hereinafter–"Services") and Customer agrees to use the services provided under the conditions of this Agreement.

 

2. OBLIGATIONS OF THE PARTIES:

2.1. Service provider warrants and agrees that it shall:
2.1.1. register/re-register the Domain name on behalf of Customer once the written request and payment for the Services is received. If Customer should have a domain name registered on its behalf, this Service provider's obligation shall be terminated. Note: Service provider starts registration of the Domain name immediately once Customer's written order and payment for the services is received, however due to objective reasons, there is no guarantee that this registration will be successful. Registration may take up to 15 days.
2.1.2. create and support a virtual server conforming to specifications and Customer's requirements. Specifications for virtual servers are provided on owexxhosting.com website.
2.2. Customer warrants and agrees that it shall:
2.2.1. Provide Service provider with complete and correct information, which is necessary for proper provision of the Services under this Agreement and does not violate any international or domestic laws and regulations of the Republic of Lithuania.
2.2.2. Inform in writing Service provider of any changes of the information defined in clause 2.2.1 not later than within five days. If Service provider is experiencing any losses caused by the fact that Customer did not inform in time, or informed improperly, of any changes in the information, Customer must cover all the Service provider's losses originating from the above, and Service provider is given the right to terminate the registration of the Domain name registered on Customer's behalf and take over all rights to this Domain name.
2.2.3. To pay Service provider for all the Services provided under this Agreement or its annexes.
2.2.4. The recipient is obliged to inform service provider of service termination, renewal, or any other service modification, at least 85 days before the expiry of the period of service or upgrade. If Service provider will loose money because of customers lack of informational actions, or these actions were perform improperly to inform Service provider, the recipient undertakes to pay all losses that Service provider has suffered.

 

3. PRICE OF SERVICES AND CHARGES UNDER THIS AGREEMENT

3.1. All information about the applicable subscription and other charges for all the Services provided by Service provider is present on owexxhosting.com website.
3.2. If any of Service provider's services are subject to tariffs set by the state institutions of the Republic of Lithuania, the tariff rate has a direct impact on the prices of Service provider's services. Service provider explicitly informs of the fact on the owexxhosting.com website and presents the appropriate tariff rates.
3.3. In the event that Contractor for objective reasons can not provide the services ordered, the money is returned to Customer without any deductions, except when the payment is made by Customer using PAY PAL, Google Checkout, MoneyBookers, hipay, WebMoney or WEBTOPAY.COM systems. In this case, an amount equal to seven percent of the total refundable sum is deducted from it.
3.4. Service provider reserves the right to change subscription and other rates provided in this Agreement or owexxhosting.com website. In this case, Service provider is required to notify Customer in writing of the changes in rates 30 (thirty) days in advance.
3.5 Payment for domain, hosting or other services is not refunded, if client decides to cancel or transfer ordered services, before its expiration.

 

4. LIABILITY OF THE PARTIES

4.1. Service provider's liability:
4.1.1. In the event that Service provider terminates the Agreement in any other way than those covered by the Agreement, it must pay Customer penalties equal to the price of the Services agreed upon by the Parties by this Agreement.
4.2. Customer's liability:
4.2.1. In case of any delay in payment for the Services provided, Customer must pay Service provider penalty for delay which amounts to 0.02% for each day delayed.
4.2.2. In the event that Customer terminates the Agreement in any other way than those covered by the Agreement, it must pay Service provider penalties the amount of which is calculated depending on the Customer's order.
4.2.3. In the event that Customer infringes the legitimate requirement of Service provider to receive a payment for virtual server and/or domain name support services and fails to react for more than 10 (ten) days after receipt of Service provider's request in writing to meet its obligations, Service provider has the right to take possession of the Domain name registered on behalf of Customer.
4.2.4. Customer shall fully cover the costs of Service provider related to the recovery of Customer's debt to Service provider.

 

5. FORCE MAJEURE

None of the parties is responsible for the failure to comply with its obligations under the contract if the failure was due to unforeseen and unavoidable circumstances (such as wars, strikes, catastrophes, natural disasters in the territory of the Republic of Lithuania or outside it) that prevent or hinder the proper performance of contractual obligations under this Agreement.

 

6. VALIDITY OF THE AGREEMENT AND GROUNDS FOR TERMINATION

6.1. For each of the services covered by this Agreement, its provision term shall be fixed at the time of ordering the service.
6.2.1. Services via electronic channels shall be provided until the term fixed in the order. Customer shall be informed about the termination of the Services 14 (fourteen) days in advance by the end of the provision period. Customer is free to extend or renew the provision period of the Services.
6.2.2. This Agreement shall enter into force on the day of its signature and is valid until the end of the Service provision period. Each party has the right to terminate it by giving the other Party a prior notification in writing or via electronic channels thirty (30) calendar days in advance. In the event that this Agreement is terminated, the money already paid for the Services is not refundable.
6.3. Service provider has the right to suspend or terminate the provision of any services defined in this Agreement or its Annexes, if Customer does not meet, or meet improperly, its contractual obligations. In the event that Service provider has done at least one of the above, it shall inform Customer within 3 (three) working days in writing of actions taken and specify the period within which Customer is required to remove the causes that have induced such Service provider's actions.
6.4. "Failure to meet obligations or improper meeting thereof", defined in this Agreement, means that: 6.4.1. One of the parties goes bankrupt, becomes insolvent, is wound up or expresses in writing its inability to perform its contractual obligations.
6.4.2. Customer arbitrarily modifies the Services provided or makes use of the Service provider's data transfer network for the purposes violating the laws of the Republic of Lithuania or international law.
6.4.3. Customer performs any malicious actions having a negative impact on the server's stability.
6.4.4. One of the Parties is unable to remove unmet (or met improperly) contractual commitments, identified by the other Party, within the rectification period defined in a written report.

 

7. OTHER TERMS OF THE AGREEMENT

7.1. Any dispute arising from this Agreement or its Annexes shall be settled by negotiation. Failure to resolve the dispute through negotiation, it is settled in Šiauliai District Court in accordance with the laws of the Republic of Lithuania.
7.2. The obligations covered by the Agreement shall not be transferred to any third party without a prior written consent of the Creditor party. In the absence of such consent, any attempt of the Deptor party to transfer its responsibilities to a third party is void.
7.3. All the amendments and additions of the Agreement is an integral part of it.
7.4. Customer may apply to Service provider for ordering/changing additional services and terms and conditions of the Agreement via owexxhosting.com website.
7.5. In there should be any changes in the Party's requisites, this Party shall notice in writing of the changes within 5 working days.
7.6 The Parties understand and agree that they are entitled to send VAT invoices via email under Article 13, Part 8 of the Accounting Law of the Republic of Lithuania, according to which there is no requirement for the signature on the VAT invoice, which in turn gives the Parties the right to print the invoice received via email and record it
7.7 If buyer has made a payment for domain registration, but he cannot fulfill domain registration conditions (or he cannot provide required documents), and domain cannot be registered, refund will be issued with 20% fee deduction from the payment sum.
7.8 Payments for domain registration, VDS, DS and other type servers, website templates, SSL certificates and other additional services are non refundable.

 

 
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