Public Offer

Regarding the provision of virtual private server (VPS) rental services and dedicated server rental services, hereinafter referred to as the "Services", on the servers of Sole Proprietor Olena Volodymyrivna Kutumova, Tax Identification Number 3463706863, hereinafter referred to as the "Provider" or "eVPS.host", to any individual, hereinafter referred to as the "Subscriber".

This Agreement constitutes a public offer agreement pursuant to Article 633 of the Civil Code of Ukraine, is equivalent to a bilateral agreement, and, in accordance with the applicable legislation of Ukraine, has full legal force from the moment the user fully and unconditionally accepts the terms of this Agreement (Offer) and its Appendices. This Agreement is public, and its terms are the same for all consumers.

This Agreement governs the relationship between the Provider and Subscribers and does not govern the rights, obligations, or liability of third parties in relation to the Company. Third parties, as well as users registered on the Provider's website, may be granted the right to submit inquiries to the Company's Subscriber regarding the content of the Subscriber's website.

Preamble

The information below constitutes an official offer (public offer) to any individual to enter into a service agreement. Pursuant to Article 642 of the Civil Code of Ukraine, the Subscriber's payment for Services constitutes full and unconditional acceptance of the terms of the public agreement. The Public Offer is also deemed accepted when the Subscriber registers on the Provider's website. The Provider's website is located at https://evps.host. The agreement number is the unique client identification number assigned upon registration on the Provider's website.

Terms Used in This Agreement

• Subscriber — an individual to whom the Services are provided under the terms of this Agreement. All actions performed using the Subscriber's login and password are considered by the Provider to have been performed personally by the Subscriber of their own free will.
• Provider — Sole Proprietor Olena Volodymyrivna Kutumova, when providing all, one, or several Services to the Subscriber.
• Services — virtual private server (VPS) rental, dedicated server rental, DNS hosting, and consulting support services provided by the Provider to the Subscriber in accordance with this Agreement.
• Subscriber Verification — confirmation of the Subscriber's personal data provided during registration on the Provider's website by obtaining a copy of the Subscriber's passport or other identity documents, confirming such data through the BankID system, or using another identity verification service.
• Service Control Panel — a web interface and application programming interface (API) through which the Subscriber manages the Provider's Services and can view information about payments and Service periods. Access to the Service Control Panel is provided to the Subscriber through authentication using a login and password.
• Administrative Request — an electronic request from the Provider addressed to a specific Subscriber, which may contain a comment and/or requirement, notice and/or notification displayed in the service area of the Subscriber's Service Control Panel, to which the Subscriber undertakes to respond within 24 hours of its dispatch or within another period established by this Agreement or by law.
• IP Address — the network address of a node in a computer network.
• DNS Server — a distributed computer system that converts domain names into IP addresses and is used to obtain information about domains.
• Personal Data — information or a set of information relating to an identified or identifiable individual.
• BankID — a method of verifying individuals through Ukrainian banks for the provision of administrative and other services via the Internet.
• Some other terms, including technical terms, are commonly accepted and may be interpreted as defined in publicly available sources.

1. General Provisions. Subject Matter of the Agreement

1.1. Within the scope of the Services ordered and paid for by the Subscriber, the Provider provides the Subscriber with:

  1.1.1. Consultations necessary for using the Services.

  1.1.2. DNS hosting services for managing the DNS records of the Subscriber's domain names.

  1.1.3. Virtual private server (VPS) rental services.

  1.1.4. Dedicated server rental services.

2. Personal Data

2.1. By entering into this Agreement, the Subscriber confirms that they have read and agree to its terms. The Provider processes the Subscriber's personal data for the purposes of entering into and performing this Agreement, providing the Services, processing payments, ensuring security, and complying with the requirements of Ukrainian legislation. The procedures for processing personal data, legal grounds, retention periods, Subscriber rights, and conditions for transferring data to third parties are defined in the Privacy Policy, which forms an integral part of this Agreement. Where the European Union General Data Protection Regulation (GDPR) applies to the processing of personal data, the Provider complies with its applicable requirements.

2.2. The Subscriber's personal data is processed, in particular, for account registration and maintenance, provision of ordered Services, processing payments and settlements, generating invoices and other necessary documents, providing technical support, detecting and preventing fraud and other unlawful activities, resolving technical issues, ensuring server and network security, and fulfilling the Provider's legal obligations.

2.3. The Subscriber confirms that they are familiar with the purposes of processing their personal data and the information regarding its protection set out in the Privacy Policy. Personal data is processed in accordance with the Law of Ukraine "On Personal Data Protection" and other applicable laws and regulations, including the GDPR where applicable.

2.4. The Subscriber's personal data is retained for the period necessary to achieve the purposes of its processing, perform this Agreement, and comply with legal requirements. The retention periods for specific categories of personal data are defined in the Privacy Policy.

2.5. The Subscriber has the right to request the deletion or anonymization of their personal data in accordance with the GDPR, where applicable, and the current legislation of Ukraine. The Provider reviews such requests in accordance with the Privacy Policy. To fulfill a request, the Provider may anonymize the personal data of the Subscriber and associated users without physically deleting their accounts, provided that such anonymization complies with the requirements of applicable law. If further provision of the Services becomes impossible after the data has been anonymized, the relevant Services may be terminated in accordance with the terms of this Agreement. Data that must be retained by law will be stored for the legally required period.

2.6. Authorized employees and contractors of the Provider may access the Subscriber's personal data solely to the extent necessary to perform their duties, provide the Services, and ensure their security, in compliance with personal data protection requirements.

2.7. The Provider may transfer the Subscriber's personal data to third parties, including providers of technical, payment, and other supporting services, only where appropriate legal grounds exist and only to the extent necessary for the specified processing purposes. The conditions of such transfers, including international transfers of personal data, are defined in the Privacy Policy and applicable legislation, including the GDPR where applicable.

2.8. The Provider processes the Subscriber's personal data only for specified and lawful purposes. The use of personal data for other purposes is permitted only where an appropriate legal basis exists and the requirements for informing the Subscriber under applicable law are met.

2.9. The Subscriber has the right to request access to, clarification, correction, deletion, or restriction of the processing of their personal data, as well as to exercise other rights provided by applicable law. The procedure for submitting and reviewing such requests is defined in the Privacy Policy.

2.10. The Provider implements appropriate organizational and technical measures to protect the Subscriber's personal data against unauthorized access, unlawful processing, accidental loss, destruction, or damage, taking into account the nature of the data and the risks involved.

2.11. For matters concerning the processing and protection of personal data, as well as the exercise of their rights, the Subscriber may contact the Provider through the Service Control Panel or by email at [email protected].

3. Rights and Obligations of the Parties

3.1. Obligations of the Provider:

  3.1.1. Provide a web interface for Subscriber registration, process the data entered by the Subscriber, create a unique account based on the submitted data, and provide the necessary access credentials for the Services in the Service Control Panel.

  3.1.2. Provide the Services in accordance with the subscription fee paid pursuant to Section 4 of this Agreement.

  3.1.3. Publish official notices related to Subscriber services and changes to service rates on the Provider's website.

  3.1.4. Comply with court decisions that have entered into legal force and relate to the provision of Services to the Subscriber.

3.2. Obligations of the Subscriber:

  3.2.1. Provide complete and accurate information about themselves, as well as up-to-date contact details necessary for the Provider to deliver the Services. During registration, provide a valid email address and ensure that messages from the Provider can be received at that address.

  3.2.2. Independently set and change all passwords and other credentials used to access the Services, including those provided by the Provider, and assume full responsibility for keeping them confidential.

  3.2.3. Maintain the accuracy, currency, and reliability of their personal data and inform the Provider of any changes to the Subscriber's personal data within 72 hours of such changes.

  3.2.4. Respond to the Provider's requests to confirm the accuracy of the Subscriber's personal information within 24 hours of such a request being sent.

  3.2.5. At the Provider's request, provide copies of a passport or other identity documents, including documents certified by the Subscriber's electronic digital signature, or verify their identity through BankID or another service or tool.

  3.2.6. Pay for the Services in a timely manner and in full according to the Provider's selected tariff plan. The Subscriber undertakes to independently review the terms of service and the rates published on the Provider's website.

  3.2.7. Respond to an administrative request or notice from the Provider within 24 hours of such a request or notice being sent to the Subscriber.

  3.2.8. Comply with and ensure compliance with all requirements set out in the Terms of Service, refrain from publishing unacceptable materials and information on their websites, and refrain from using the Services to sell, distribute, or host goods, works, or services whose circulation is prohibited or restricted.

3.3. Rights of the Provider:

  3.3.1. Temporarily or permanently discontinue the provision of some or all Services to the Subscriber and request written explanations from the Subscriber in the following cases:

    3.3.1.1. Failure by the Subscriber to pay for paid Services on time.

    3.3.1.2. Provision of false or inaccurate contact information by the Subscriber or failure to provide such information at the Provider's request.

    3.3.1.3. Failure by the Subscriber to respond to a verification request from the Provider within 48 hours of the request being sent to the Subscriber by email or through one of the following services: SMS, WhatsApp, or Telegram.

    3.3.1.4. Failure to respond to an administrative request from the Provider within 48 hours of its dispatch to the Subscriber through one of the means specified in clause 3.3.1.3 of this Agreement.

    3.3.1.5. Actions or omissions aimed at restricting or obstructing other users' access to the Services provided by the Provider, as well as attempts to gain unauthorized access to the Provider's resources or other systems accessible via the Internet.

    3.3.1.6. Distribution or transmission via the Internet of any information that violates the requirements of Ukrainian legislation or international law contained in international treaties and conventions to which Ukraine is a party. Distribution includes both the mass sending of several emails to numerous recipients and repeated sending to a single recipient, as well as the use of the Subscriber's details (web pages, email addresses) in similar mailings carried out through another provider. Messages include emails, messages sent through messaging applications (SMS, WhatsApp, Telegram), and other similar means of communication.

    3.3.1.7. Use of the Services for the unlawful hosting, storage, copying, reproduction, publication, transmission, distribution, or other use of information, software, and other materials in violation of copyrights or other intellectual property rights of third parties.

    3.3.1.8. Publication or transmission via the Internet of any information that violates applicable Ukrainian legislation or international treaties and conventions to which Ukraine is a party. In particular, this includes pornographic materials and other materials whose publication violates Ukrainian legislation. The Provider reserves the right, at its sole discretion, to assess the content of the Subscriber's websites for compliance with Ukrainian legislation. At the same time, the Subscriber retains the right to provide the Provider with evidence demonstrating the legality of any materials or information published on their website that are subject to review.

    3.3.1.9. Failure to comply with the requirements set out in the Terms of Service or hosting materials prohibited by those Terms.

    3.3.1.10. Receipt by the Provider of requests from payment systems for refunds of payments made for the Subscriber's Services.

  3.3.2. Temporary suspension of Services by the Provider means that the Provider has the right to temporarily block access to the Subscriber's Service Control Panel and/or partially or completely block the Services provided.

  3.3.3. The Provider has the right to terminate the contractual relationship with the Subscriber unilaterally, while simultaneously sending written electronic notice, if the Subscriber breaches their obligations under this Agreement. The date on which the relevant notice is sent to the Subscriber is deemed the date of termination of the Agreement and discontinuation of Services.

  3.3.4. In the event of prolonged and systematic use by the Subscriber of all available computing resources at maximum capacity, where such use negatively affects the stability of the equipment, network, or Services provided to other subscribers, the Provider has the right to notify the Subscriber of the need to reduce the load or offer a switch to another tariff plan. If the Subscriber fails to eliminate the causes of excessive load, the Provider may temporarily restrict the use of the relevant resources or suspend the Services in accordance with the Terms of Service.

3.4. Rights of the Subscriber:

  3.4.1. Require the Provider to deliver the Services in accordance with the terms of this Agreement.

  3.4.2. Receive information from the Provider about the Services and additional paid services.

  3.4.3. Submit complaints and suggestions to the Provider regarding improvements to the quality of the Services.

4. Service Fees and Payment Procedures

4.1. Payment for the Services is made in the currency specified when placing the order, according to the rates applicable at the time the Service is ordered, on the basis of 100% prepayment.

4.2. The Provider has the right to revise Service prices unilaterally. New prices take effect upon publication on the Provider's website. If prices change, payments already made for the Services are not recalculated.

4.3. The Services are considered paid for once the funds have been received by the Provider and the corresponding information has been updated in the Subscriber's Service Control Panel on the website.

4.4. The Provider has the right, at its discretion, to refuse to provide Services to the Subscriber or restrict certain payment methods if the Provider receives requests (complaints, demands, claims) from a banking institution or payment system concerning the refund of payments for Services in favor of the Subscriber as the payer.

5. Special Conditions and Liability of the Parties

5.1. The Provider makes all reasonable efforts to ensure stable, uninterrupted, and proper operation of the Services. However, the Provider cannot guarantee the absolute absence of technical failures, interruptions, or errors caused by the technical characteristics of equipment, software, or network infrastructure. If such circumstances arise, the Provider takes the necessary measures to resolve them as quickly as possible.

5.2. The Provider is not liable for interruptions to the Services, data loss, or other adverse consequences caused by circumstances beyond its reasonable control, including DDoS attacks, actions of third parties, failures of external networks and services, and errors in the configuration or use of software by the Subscriber. The Provider takes reasonable measures to prevent such situations and minimize their consequences. The Provider's liability for breaches of its own obligations is determined by the terms of this Agreement and applicable Ukrainian legislation.

5.3. The Provider's liability to the Subscriber is limited and may not exceed the cost of the Services actually consumed by that Subscriber during the preceding six months.

  5.3.1. The Provider is not liable for the actions, omissions, third-party services, or failures of third parties, banking and financial institutions, or payment systems.

5.4. The Subscriber assumes full responsibility for the risks associated with the use of the Services provided. In particular, the Subscriber undertakes to compensate the Provider in full for all losses caused to the Provider as a result of the Subscriber's violation of this Agreement and the Terms of Service, as well as to reimburse other expenses incurred by the Provider as a result of such violations (including legal assistance expenses where a court establishes that the Subscriber has violated applicable legislation or the rights or legitimate interests of third parties).

  5.4.1. The Subscriber bears full responsibility to third parties for damage caused by their unlawful use of the Services in violation of those third parties' rights.

5.5. The Subscriber is fully responsible for keeping their password secure and for any losses that may arise from its unauthorized use by third parties.

5.6. The Provider is not a proper defendant or co-defendant in relation to any obligations, third-party claims, or expenses arising from a violation of this Agreement or legal requirements by the Subscriber (or other persons using the Subscriber's username and password).

5.7. The Provider reviews inquiries from the Subscriber regarding the Services provided to them when such inquiries are sent from the Subscriber's registered contact email address to [email protected] or submitted through the support ticket system in the Service Control Panel after successful authentication.

5.8. The Provider supplies the technical infrastructure necessary to deliver the Services and does not conduct prior monitoring of materials independently hosted by the Subscriber on their servers. The Subscriber is responsible for the content and legality of such materials. The Provider is not liable for those materials except as provided by applicable Ukrainian legislation.

5.9. The Subscriber is responsible for resolving any disputes related to the provision of Services to them and undertakes to protect the Provider against any complaints, claims, and lawsuits brought by third parties in connection with the provision of Services to the Subscriber. The Subscriber undertakes to reimburse the Provider for all expenses incurred (including court costs) in connection with the handling of any disputes, claims, complaints, or lawsuits brought by third parties in relation to the provision of Services to the Subscriber, as well as to compensate the Provider for any losses suffered.

5.10. The Subscriber consents to receiving notices regarding the provision of Services by email and through short messaging services (SMS, WhatsApp, Telegram, and others).

5.11. This Agreement is concluded electronically through the Subscriber's acceptance of the terms of this Public Offer. Acceptance consists of confirming agreement to the terms of this Agreement by checking the relevant box during registration or order placement on the Provider's website. The Agreement is concluded without the need for the Parties to sign a paper copy.

6. Procedure for Handling Claims and Disputes

6.1. The Parties seek to resolve all disputes and disagreements arising in connection with the conclusion, performance, or termination of this Agreement through negotiations and pre-trial settlement.

6.2. The Subscriber may submit a claim regarding the Services provided by sending an email to [email protected] or through the support ticket system in the Service Control Panel. The Provider reviews claims within the time limits established by applicable Ukrainian legislation.

6.3. If a dispute cannot be resolved through negotiations, the Parties have the right to apply to a competent court of Ukraine. This Agreement and the legal relationships arising from it are governed by Ukrainian law. Jurisdiction over disputes is determined in accordance with Ukrainian procedural legislation, including consideration of the Provider's location in Kyiv and the Subscriber's rights established by law.

6.4. The Provider is not a dispute resolution body for disputes between the Subscriber and third parties concerning hosted content, copyrights, or other intellectual property rights. Upon receiving substantiated reports of possible violations, the Provider has the right to forward the relevant information to the Subscriber and take measures provided for by Ukrainian legislation and the Terms of Service.

7. Force Majeure

7.1. The Parties are released from liability for failure to perform or improper performance of their obligations under this Agreement if such failure or improper performance is a direct consequence of force majeure circumstances that arise independently of the Parties' will, are extraordinary and unavoidable in nature, and objectively prevent the performance of the relevant obligations.

7.2. Force majeure circumstances may include, in particular, military operations, terrorist acts, large-scale natural disasters, emergencies, decisions and actions of government authorities, and other circumstances that qualify as force majeure under Ukrainian legislation. The mere occurrence of such circumstances does not release a Party from liability without confirmation of their direct impact on the performance of specific obligations.

7.3. A Party unable to fulfill its obligations due to force majeure circumstances must notify the other Party within a reasonable period after it becomes possible to do so. Force majeure circumstances and their impact on the performance of obligations must be confirmed in accordance with the requirements of applicable Ukrainian legislation.

7.4. The deadline for performing obligations directly affected by force majeure circumstances is extended for the duration of such circumstances and their consequences, unless otherwise provided by Ukrainian legislation or this Agreement.

8. Term of the Agreement, Service Fees, Amendments, and Termination

8.1. The Subscriber has the right to discontinue further use of the Provider's Services at any time by choosing not to renew them or by submitting a corresponding request through the Service Control Panel. Unused funds remaining in the Subscriber's account balance that have not been deducted as payment for Services may be refunded in accordance with the Refund Policy. In the event of early termination of an active paid Service, including VPS or dedicated server rental, the Subscriber is entitled to a refund for the unused period if, at the time the request is submitted, at least one calendar month remains until the end of the paid period. If less than one calendar month remains, payments for the activated Service are non-refundable, except as required by applicable Ukrainian legislation. The procedure for calculating and issuing refunds is defined in the Refund Policy.

8.2. If the Subscriber violates the terms of this Agreement or the Terms of Service, the Provider has the right to send the Subscriber a notice requiring them to remedy the violation or provide an explanation within 48 hours of the notice being sent. If the Subscriber fails to remedy the violation or respond within that period, the Provider has the right to suspend the relevant Services or terminate the Agreement unilaterally. If the violation poses an immediate threat to the security or stability of the servers, network, or Services of other subscribers, the Provider has the right to suspend the relevant Services immediately without prior notice.

8.3. This Agreement enters into force upon its conclusion and remains effective until terminated by either Party in accordance with its terms. Each paid Service is provided for the period paid for by the Subscriber and may be renewed by making the next payment. Refusal to renew an individual Service does not require 30 calendar days' prior notice.

8.4. The cost of paid Services is determined according to the rates published on the Provider's website and specified when placing an order. The total price of this Agreement consists of the sum of the Subscriber's payments for paid Services during the term of the Agreement. Services provided free of charge do not increase the price of this Agreement.

8.5. The Provider has the right to amend the terms of this Agreement, Service rates, and Service specifications. The Provider notifies the Subscriber of changes affecting their rights or obligations by publishing the relevant information on the website and sending a notice to the Subscriber's contact email address or through the Service Control Panel no later than 30 calendar days before such changes take effect, unless another period is established by Ukrainian legislation. Changes to rates or technical specifications do not apply to an already paid Service period without the Subscriber's consent, except as provided by Ukrainian legislation.

8.6. If the Subscriber does not agree with changes to this Agreement, they have the right to discontinue further use of the Services and stop renewing them, or submit a request through the Service Control Panel or by email to [email protected]. Refunds upon discontinuation of Services are issued in accordance with the Refund Policy and applicable Ukrainian legislation.

8.7. By entering into this Agreement, the Subscriber confirms that they have read and agree to the Terms of Service and the Refund Policy, which form integral parts of this Agreement, and also confirms that they have read the Privacy Policy, which defines the procedures for processing personal data.

8.8. Matters not governed by this Agreement are subject to the applicable legislation of Ukraine.

9. Appendices to the Agreement

9.1. The Appendices form an integral part of this Agreement.

9.2. Appendix No. 1 — Terms of Service

9.3. Appendix No. 2 — Privacy Policy

9.4. Appendix No. 3 — Refund Policy

For questions regarding this Public Offer, please contact [email protected].