Unihost.kz

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Public offer

This document is an official public offer of the Limited Liability Partnership "Unihost.kz" (hereinafter referred to as the "CONTRACTOR"), legal entity registration number 6578-e-1910-01-TOO, business identification number 140240031371, represented by director Kholmetov Ruzmat Dzhumavoyuly, acting on the basis of the charter and contains all the essential conditions for the provision of paid services, services and services on the Internet, as well as software and other software products (hereinafter referred to as Services and / or Products).

In accordance with Articles 395 and 396 of the Civil Code of the Republic of Kazakhstan (CC RK), in the event of acceptance of the terms and conditions set out below and payment for services, a legal entity or individual accepting this offer becomes the CUSTOMER, and the CONTRACTOR and the CUSTOMER jointly become the PARTIES to the Offer agreement. 

1. Terms and definitions.

1.1. The Contractor's Website is a website located at https://unihost.kz on the Internet. The Contractor's Website provides Clients with free, 24/7 access to information necessary for concluding and executing this Agreement, and publishes all official documents of the Contractor, etc.

1.2. Personal Account — a software package located on the Contractor's Website, including an information and billing system and a control panel for the Customer to remotely order, manage, modify, and disable Services, remotely order Products, etc.

1.3. Control Panel – a web interface in the Personal Account provided to the Customer for the purpose of 24/7:

– providing information about the Services provided to the Customer and the Products ordered;

– providing information about the tariffs and tariff plans used by the Customer for Services and Products;

– providing information on the status of his Personal Account;

– receiving information about malfunctions that prevent the use of the Services;

– remote ordering, management, modification and disabling of Services, remote ordering of Products;

– providing information about equipment settings for using Services and Products, etc.

1.4. Personal account – the account data in the Contractor’s Personal Account regarding the Customer’s payment for the Services consumed, as well as payment for the ordered Products.

1.5. Data center – specialized premises in which server and network equipment is located and Services are provided under this Agreement.

1.6. Privacy Policy (Personal Data Collection and Processing Policy) is the Contractor's internal document defining the procedure and purposes for collecting, processing, storing, transferring, and protecting the Client's personal data, as well as the rights and obligations of the parties with respect to personal data. The current version of the Policy is posted on the Contractor's official website at: https://unihost.kz/company/privacy/ .

1.7. Consent to the collection and processing of personal data is a separate document that the Client confirms (by checking the box) upon registration on the Contractor's Website, thereby expressing consent to the processing of their personal data in accordance with the Privacy Policy and the legislation of the Republic of Kazakhstan.

2. Subject of the agreement.

2.1. The Contractor undertakes to provide the Customer with the Services and/or Products ordered by him/her via the Control Panel, as stipulated by the Agreement, and the Customer, in turn, undertakes to accept these Services and/or Products and pay for them.

2.2. The list and characteristics of Services and Products, as well as their prices, are specified in the relevant Tariffs for Services and Products:

– Tariffs for virtual hosting services;
– Tariffs for virtual dedicated servers (VPS);
– Tariffs for domain name registration services.

2.3. By accepting this Agreement (offer), the Customer simultaneously agrees to the Privacy Policy and consents to the collection and processing of personal data posted on the Contractor's Website, in relation to any personal data that will be received or collected by the Contractor during the execution of this Agreement.

3. Rights and obligations of the parties.

3.1. The Contractor undertakes to:

3.1.1. register the Customer in the Contractor’s Personal Account, provided that the Customer fulfills all requirements imposed on the registration procedure and described in the Rules for registration in the Contractor’s Personal Account;

3.1.2. send the login and password for access to the individual Control Panel to the Customer’s email address;

3.1.3. open and maintain an individual Personal Account for the Customer in the Personal Account, promptly reflecting the receipt and debit of funds for payment of Services and Products;

3.1.4. provide the Customer with Services and deliver the Products ordered by him through the Control Panel in the proper manner, in the volume and within the timeframes stipulated by this Agreement and the Appendices thereto;

3.1.5. keep records of consumption and payment for Services and Products by the Customer based on the data of the Contractor’s Accounting System;

3.1.6. maintain the confidentiality of the Customer’s information received from him during registration in the Contractor’s Personal Account, except for cases stipulated by the current legislation of the Republic of Kazakhstan, the Contractor’s Standard Agreement and its Appendices;

3.1.7. publish official announcements related to servicing the Customer, including, but not limited to, changes, closures and/or introduction of new tariffs and tariff plans, changes to the Standard Agreement and Appendices thereto, on the Contractor’s Website and by sending information about changes to the Customer’s email address specified in the Control Panel;

3.1.8. issue invoices to the Customer for payment of Services and Products;

3.1.9. issue tax invoices and certificates of services rendered to Customers paying for Services and/or Products by transferring non-cash funds to the Contractor’s bank account or depositing cash into the Contractor’s cash desk;

3.1.10. take all necessary actions related to eliminating the malfunction of the equipment located at the Contractor and related to the provision (delivery) of Services and/or Products;

3.1.11. When collecting and processing the Customer's personal data, be guided by the provisions of the Privacy Policy and the current legislation of the Republic of Kazakhstan on personal data and their protection, and ensure the confidentiality and security of the Customer's personal data.

3.2. The Contractor has the right to:

3.2.1. demand from the Customer (collect from the Customer) additional payment for confirmed expenses if, due to the fault or initiative of the Customer, the volume of Services actually rendered and/or Products provided exceeded the volume of Services and/or Products stipulated by the terms of this Agreement and/or ordered through the Control Panel;

3.2.2. in the event of receipt of payment from the Customer not in full within 1 (one) business day without prior notice and at its own discretion, suspend the provision of Services (block access to the Services) and/or disable the software and/or hardware of the Customer and/or block the resource (WEB site, WEB mail) and/or registration of the Customer (login and password) and/or other information by the Customer until payment is received for the Services and/or Products ordered by the Customer;

3.2.3. if the delay in payment exceeds 30 (thirty) calendar days from the payment due date, immediately, with or without prior notice and at its own discretion, delete the resource (WEB site, WEB mail) and/or other information and data of the Customer;

3.2.4. if the delay in payment of the Customer’s debt exceeds 6 (six) months, terminate the Standard Agreement unilaterally;

3.2.5. unilaterally revise prices for Services and Products, change, introduce, close tariffs and/or tariff plans;

3.2.6. The Contractor has the right to suspend the provision of Services, restrict access to the Personal Account (Control Panel) and/or terminate the Agreement unilaterally if the Customer:

• posts content or carries out actions that contradict the requirements of the current legislation of the Republic of Kazakhstan, this Offer or the Privacy Policy;

• sends spam, places or distributes malicious programs (viruses, Trojans, botnets, etc.), conducts hacker attacks, DDoS attacks or other actions that disrupt the normal operation of the network or create a threat to the security of information systems;

• distributes materials that violate the rights of third parties (including copyright and related rights, the right to privacy, trade secrets);

• disseminates information containing signs of inciting interethnic, racial, religious or other hatred, propaganda of violence, extremism and other information prohibited by the legislation of the Republic of Kazakhstan.

In the event that such violations are detected, the Contractor may send the Customer a corresponding notice demanding that the violation be corrected within a specified time period, and in the event of failure to comply with the requirement or if a serious violation is detected, the Contractor has the right to immediately block or delete the relevant content, suspend the provision of Services and/or terminate the Agreement without reimbursement of any funds or damages to the Customer.

3.3. The Customer undertakes to:

3.3.1. register in the Contractor’s Personal Account and provide all necessary data, information and documents requested by the Contractor in accordance with the Rules for registration in the Contractor’s Personal Account (Appendix No. 1);

3.3.2. promptly accept and pay for the Services and/or Products of the Contractor in the amount and within the timeframes established by the Standard Agreement and its Appendices;

3.3.3. independently monitor the status and timely replenishment of your Personal Account in the Contractor’s Personal Account (Control Panel);

3.3.4. independently monitor the timely receipt of invoices, invoices, certificates of services rendered and other accounting documents from the Contractor;

3.3.5. within 2 (two) days from the date of receipt of the relevant request from the Contractor, received by the Customer’s e-mail specified in the Personal Account, provide the Contractor with the materials, documents and information (data) necessary for the Contractor to fulfill its obligations under this Agreement;

3.3.6. at least once a week, familiarize yourself with official information related to the provision of Services and Products, published on the Contractor’s Website;

3.3.7. Provide accurate personal data (including contact information and other data specified in the Consent to the collection and processing of personal data ) and promptly inform the Contractor of any changes.

3.4. The Customer has the right to:

3.4.1. use the Services and Products of the Contractor within the limits established by this Agreement and its Appendices;

3.4.2. order additional Services and/or Products from the Contractor in accordance with the Appendices;

3.4.3. refuse previously ordered Services and Products in the manner specified in the Agreement and its Appendices;

4. Cost of services and payment procedure

4.1. The quantity (volume) of Services and/or Products ordered and used by the Client is reflected in the Control Panel. The cost of Services and/or Products ordered and used is determined in accordance with the Tariffs for Services and Products and is also reflected in the Control Panel.

4.2. Tariffs for Services and Products in the Control Panel are indicated in tenge.

4.3. The quantity (volume) of Services consumed and/or Products ordered is determined solely on the basis of the data of the Contractor’s Accounting System, which is the basis for issuing an invoice to the Customer and/or debiting funds from the Personal Account for the Services rendered and/or Products provided. 

4.4. In the event that the Contractor changes and/or terminates the tariff and/or tariff plan used by the Customer, the Customer has the right to either switch to a different tariff and/or tariff plan or immediately terminate the Agreement. If the Contractor does not receive written notice from the Customer regarding the termination of the Agreement or the Customer does not submit a request via the Control Panel to switch to a different tariff and/or tariff plan for the specified reasons within 10 (ten) days from the date of closure of the tariff and/or tariff plan, the Contractor has the right, at its sole discretion, to forcibly transfer the Customer to a different tariff and/or tariff plan or leave the Customer on the previous tariff and/or tariff plan.

4.5. Payments under this Agreement shall be made by the Customer in advance (prepayment) prior to receiving the Services (access to the Services) and/or Products. Services (access to the Services) shall be provided only if there are no outstanding payments for the Services. 

4.6. The Contractor, at its sole discretion, may provide Services and/or Products to the Client on credit, with subsequent invoice issued to the Client. The Client undertakes to pay the invoice within 3 (three) business days of its issuance. In the event of late payment of the invoice, the Contractor will suspend the provision of Services in accordance with subparagraph 3.2.2. of this agreement.

4.7. Funds paid by the Client as an advance payment for Services/Products may be refunded (in whole or in part) upon the Client's written request and subject to legal grounds for refund as provided for in this Agreement and/or the current legislation of the Republic of Kazakhstan. The procedure and terms for the return of prepaid funds are determined by the provisions of this Agreement and the requirements of the legislation of the Republic of Kazakhstan.

4.8. Payment for Services and/or Products may be made:

— by bank transfer to the Contractor’s bank account specified in this agreement;

— in cash to the Contractor’s cash desk;

— by other methods offered by the Contractor, information about which is published on the Contractor's Website, only if the Client is and/or identifies themselves as an individual. The Client is aware and agrees that they will have no claims against the Contractor due to the Contractor's failure to provide the Client with a certificate of completion and a tax invoice for the Services and/or Products rendered (provided).

4.9. The Contractor has the right to suspend the crediting of funds to the Customer's Personal Account until the payment is correctly processed by the Customer and/or request the Customer's confirmation of the payment being made and/or refuse to accept and credit the payment.

4.10. The date of payment is considered to be the date of crediting funds to the Customer’s Personal Account.

4.11. The Client is solely responsible for the accuracy of their payments. If the Contractor's bank details and/or other payment methods change after the new details and/or payment methods are published on the Contractor's Website, the Client is solely responsible for payments made using outdated details and/or outdated payment methods.

5. Procedure for the provision (delivery) of services and/or products

5.1. On the day of payment by the Customer for Services and/or Products, in accordance with paragraph 4.13. of this Agreement, after identification of the received payment and subject to receipt of all necessary documents from the Customer, the Contractor shall replenish the Customer's Personal Account with the amount of the payment made by the Customer.

5.2. The basis for the provision of Services and/or Products to the Customer is the availability of funds in the Customer’s Personal Account sufficient to provide Services and/or Products.

5.3. The Parties agree that the date (day) of provision (delivery) of Services and/or Products shall be the date (day) of debiting funds for Services and/or Products from the Customer’s Personal Account.

5.4. Customers who have paid for Services and/or Products by bank transfer to the Contractor's bank account will receive documents from the Contractor by regular mail.

5.5. The Customer undertakes to sign and return to the Contractor the documents provided by the Contractor no later than 20 (twenty) calendar days from the date of their receipt.

5.6. If no reasoned objections to the submitted Documents have been received by the Contractor, the Services and/or Products shall be deemed to have been rendered (provided) in full and of due quality and accepted by the Customer, and the Certificate of Services Rendered shall be deemed to have been signed by the Customer, and the Customer shall have no claims regarding the scope, quality, or timing of the services rendered.

5.7. The Customer, who has paid for the Services and/or Products by one of the methods (except for cash and non-cash payments to the account or to the cash desk of the Contractor), offered by the Contractor, information about which is published on the Contractor's Website , in the presence of reasoned objections to the Services and/or Products rendered (provided) by the Contractor, undertakes to notify the Contractor of them by registered mail with acknowledgment of delivery no later than 15 (fifteen) calendar days from the date of debiting funds for the Services and/or Products from the Customer's Personal Account.

5.8. If reasoned objections regarding the Services and/or Products rendered (provided) by the Contractor are not received by the Contractor in the manner and within the timeframes specified in paragraph 5.7. of the agreement, the Services and/or Products are considered rendered (provided) in full, of due quality and accepted by the Customer, while the Customer has no claims regarding the volume, quality and timing of the work performed (services rendered).

5.9. If the provision of services is suspended due to a lack of funds in the Customer's Personal Account, the Contractor shall resume the provision of Services (open access to the Services) to the Customer within 1 (one) business day from the moment the funds are received in the Contractor's bank account.

6. Responsibility of the parties.

6.1. The parties shall be liable for failure to fulfill or improper fulfillment of their obligations under the Agreement in accordance with the current legislation of the Republic of Kazakhstan.

6.2. The liability of the parties not specified in this Agreement is determined in the Registration Rules in the Contractor's Personal Account.

6.3. The Contractor has the right to suspend access to the Services in the event of the Customer's violation of the terms of this Agreement and its appendices, as well as the requirements of the current legislation of the Republic of Kazakhstan.

6.4. If the Customer fails to correct the violation that caused the suspension of Services, the Contractor has the right to terminate the Agreement with the Customer unilaterally without any compensation for damages to the latter.

6.5. The Customer agrees to indemnify the Contractor from liability for claims by third parties who have signed contracts with the Customer for the provision of services that are partially or fully provided by the Customer using the Services and/or Products of the Contractor.

7. Procedure for consideration of claims and disputes.

7.1. Any disagreements or disputes that may arise will, if possible, be settled by the parties through negotiations.

7.2. The Customer's claims regarding the Services and Products provided shall be accepted and considered by the Contractor only in writing and in the manner prescribed by the current legislation of the Republic of Kazakhstan.

7.3. To resolve technical issues related to determining the Customer's guilt as a result of their illegal actions while using the Internet, the Contractor has the right to independently engage competent organizations as experts. If the Customer is found guilty, the latter is obligated to reimburse the costs of the expert examination.

8. The moment of conclusion of the agreement. Its term. The procedure for amendment and termination.

8.1. This Agreement shall enter into force upon acceptance of its terms by the Customer (acceptance of the offer) in the manner prescribed by the Agreement – ​​from the moment of registration of the Customer in the Contractor’s Personal Account, and shall remain in effect until the end of the current calendar year.

8.2. The term of the Agreement shall be automatically extended for the following calendar year unless either party notifies its termination in writing at least 30 (thirty) calendar days prior to the end of the calendar year. The Contractor reserves the right to send such a notice electronically via email to the Customer's address specified in the Control Panel.

8.3. Automatic renewal of the Agreement is established indefinitely.

8.4. The Contractor reserves the right to unilaterally amend the terms of this Agreement and its appendices. The Contractor will notify the Client of any changes by publishing a notice of the changes, the changes themselves, and/or new documents on the Contractor's Website.

8.5. If the Client does not agree with the changes introduced, they have the right to immediately terminate this Agreement by notifying the Contractor in writing. If the Contractor fails to receive written notice from the Client of termination of the Agreement for the specified reasons within 10 (ten) calendar days from the date the changes take effect, such changes are deemed accepted by the Client.

8.6. The Customer has the right to terminate this Agreement and refuse the Services of the Contractor at any time unilaterally, only on condition that the latter is reimbursed for the actual expenses incurred up to the moment of termination.

8.7. In the event of early termination of the Agreement, the Customer will be refunded any unused funds from their Personal Account upon their written request, except as otherwise provided in this Agreement and its appendices. Refunds will only be made by bank transfer. Refunds will not be transferred to a third party at the Customer's request.

8.8. Upon the Customer's written request, the Contractor shall suspend the provision of Services to the Customer without terminating the Agreement. In this case, the Customer shall be charged for the entire period specified in the request, in accordance with the established tariff for such cases.

8.9. This Agreement shall automatically terminate or be unilaterally terminated by the Contractor in the event of repeated (three or more times) violations of the terms of this Agreement and/or its appendices by the Customer. The Contractor has the right to immediately terminate the Agreement without any compensation to the Customer. Termination of the Agreement for the above reasons shall be carried out unilaterally by the Contractor by sending a corresponding notice to the Customer via email to the addresses specified by the Customer in the Control Panel.

8.10. For the Virtual Private Server (VPS) service, if the Customer disables it on their own initiative, the Customer's resources (website, webmail) and other information and data will be retained for 30 (thirty) calendar days, unless a different period is specified in the Customer's corresponding application. Upon expiration of this period, the Customer's resources (website, webmail) and other information and data will be deleted, and the Agreement will automatically terminate. The Customer bears no liability for the deletion of the Customer's information.

8.11. This Agreement may be terminated at any time by agreement of the parties.

9. Address and bank details of the contractor:

Limited Liability Partnership "Unihost.kz" 

Director: Kholmetov Ruzmat Dzhumavuly

Legal address: Almaty, Lugansky st., bldg. 54, n.p. 1

Postal code: 050051

BIN: 140240031371

Bank name: JSC Halyk Bank of Kazakhstan

BIC: HSBKKZKX

IIC: KZ836017131000023613

KBE: 17

KNP: 851