DDoS protection agreement offer
1. Subject of the Agreement
1.1. By virtue of the Customer’s orders, the Contractor shall render the services for preventing DDOS-attacks (hereinafter referred to as the Services) to the Customer and, if required, shall provide supplementary services pursuant hereto and the attachments hereto, and the Customer shall accept and pay for the Services, rendered by the Contractor, and fulfil the other obligations in conformity with the provisions of this Agreement. The list of the services, rendered hereunder, shall be determined by the Contractor independently. For the purposes of this Agreement, a DDOS-attack shall be understood as a multiple, successive within short time periods, telematic electronic messages to the Customer’s equipment, being created using malicious software of several Internet-users and result in malfunction of the Customer’s and/or communication network equipment.
1.2. The Contractor shall render the services based on the Agreement, concluded with the Supplier of the specified Service (hereinafter referred to as Supplier). Herewith, the Supplier may set forth the Service Rendering Rules, which shall be binding for the Customer.
1.3. Pursuant hereto, the Customer may render an unlimited number of services.
1.4. The Contractor may fully or partially deny rendering the ordered services to the Customer in the absence of technical feasibility for their rendering.
1.5. The attachments are the official documents of the Contractor, making an essential part of this Agreement, and are set by the Contractor equal for all users, excluding the cases, when the Law or other legal document allows exemptions for some categories of the Service consumers.
1.6. This Agreement shall be deemed concluded in the following cases:
1.6.1. After the Parties signed this Agreement.
1.6.2. In the event of reception of the advance payment for the Services from the Customer, which shall be the acceptance of this offer.
2. Rights and Obligations of the Parties
2.1. The Contractor shall:
2.1.1. Render the services in accordance with the Customer’s orders seven days a week on a round-the-clock basis except for the breaks, required for performance of scheduled preventive, emergency recovery and planned works. All scheduled and planned engineering works shall be performed by the Contractor and on the Supplier’s initiative within the hours of minimum load with the preliminary notification of the Customer regarding possibility of dropouts. In the event of emergency breaks in the service rendering are be possible wihout any preliminary notification.
2.1.2. Take possible and reasonable measures to ensure uninterrupted functioning of the Contractor’s services and correct the failures that impede using the services within one day, excluding the cases of the emergency failures, requiring more time-consuming recovery.
2.1.3. Take measures to protect the Customer’s confidential data in accordance with the current laws and not to disclose the information on the communication services having been rendered or being rendered to the Customer to the third parties without the Customer’s written consent except for the cases, directly stipulated by the current laws of the Russian Federation and upon the court order.
2.1.4. Take possible measures to eliminate the discovered failures and (or) the failures that prevent from using the communication services or deteriorate the communication services quality.
2.1.5. Suspend rendering the communication services hereunder on to the written Customer’s order prior to expiry of the period, specified in the corresponding order, but not longer than for six months period. Herewith, the Customer shall be charged for the entire period, specified in the order, according to the price plan, set forth for such cases.
2.1.6. Render the services in compliance with the technical regulations of the valid normative legal acts.
2.1.7. Consult the Customer on the issues, associated with the execution of this Agreement.
2.2. The Contractor may:
2.2.1. Not later than 10 days before performing the acts specified in this subclause, determine and/or change, and/or supplement, and/or cancel the tariffs and/or the price plans with regard to the services, rendered to the Customer hereunder, notifying the Customer by placing information on the Contractor’s website.
2.2.2. Not later than 10 days before performing the acts specified in this subclause, determine and/or change, and/or supplement, and/or cancel the tariffs and/or the price plans with regard to the services, rendered to the Customer hereunder, notifying the Customer by placing information on the Contractor’s website.
126.96.36.199. The Customer uses or allows using the services rendered by this Agreement to perform the unlawful acts, for which the current laws of the Russian Federation provide administrative or criminal responsibility;
188.8.131.52. The Customer violates the service payment deadlines, as set forth in this Agreement;
184.108.40.206. In other cases, as directly stipulated by the Russian Federation laws, including on the basis of a written instruction by the law-enforcement agencies and (or) upon the court order. The stipulated above suspension of the service rendering shall be in effect up to the complete elimination of the reasons by the Customer, having entailed such suspension, and shall not make the grounds for changing the fixed periodical or single payments of the Customer, as stipulated hereby.
2.2.3. Conduct planned preventive, repair and other similar works with notification of the Customer in the order, stipulated hereby, not later than 24 hours prior to the estimated commencement of the corresponding works.
2.2.4. Engage the third parties for rendering the services under this Agreement;
2.2.5. Restrict some acts of the Customer if such acts impose danger for normal functioning of the public communication network.
2.2.6. Terminate the Agreement unilaterally, in case of the Customer’s violation of the terms and conditions hereof and the Service Rendering Rules.
2.3. The Customer shall:
2.3.1. Accept and pay for the services rendered by the Contractor under this Agreement promptly and in full.
2.3.2. Immediately notify the Contractor on detection of the failures and (or) troubles, making it impossible to use or deteriorating the quality of the srevices, rendered by the Contractor under this Agreement.
2.3.3. Promptly pay for the services by money transfer to the Personal Account on the Contractor’s website.
2.3.4. Check the existence of the Contractor’s notifications regarding the price plans changes, suspension of the services, preventive maintenance, etc.
2.3.5. Not later than five working days after changing the data on the Customer, as specified herein, accordingly notify the Contractor in written.
2.3.6. Without the written consent of the Contractor, not disclose any information, which became known in the course of cooperation, telephone conversations or electronic correspondence with the Contractor, including the used virtual addresses, methodical recommendations for the Subscriber’s equipment adjustment, personal contact data of the Contractor’s employees, etc., to the third parties.
2.3.7. Prevent using the services rendered by the Contractor for providing services to the third parties.
2.3.8. Not use the services, rendered by the Contractor, for:
- Performing unlawful acts, derogatory to the legal rights and interests of the third parties and the state;
- Distributing the information, if such distribution is prohibited by the Russian Federation laws and (or) infringes legal rights and interests of the third parties;
2.3.9. Not to substitute (falsify) and transfer the Customer’s identification codes;
2.3.10. Not to perform the acts, which can disturb normal functioning of the communication networks.
2.4. The Customer may:
2.4.1. Use the services, rendered by the Contractor hereunder, pursuant to the current laws of the Russian Federation.
2.4.2. Refuse accepting and paying for the rervices rendered by the Contractor provided these services were not ordered by the Customer in accordance with this Agreement.
3. Payment for the Services
3.1. The cost of the services shall be determined by the price plans, placed on the Contractor’s website and specified in Attachment No.1 hereto.
3.2. The service order shall be the Customer’s consent to pay for the service at the prices valid as of the order execution commencement date.
3.3. The services shall be rendered in case of availability of the amount sufficient for paying for the ordered services on the Customer’s Personal Account.
3.4. The information regarding the payment methods shall be contained in the corresponding section of the Contactor’s website.
3.5. In case of providing payments via the third parties, the Customer shall bear the expenses for their services and the risks of payment delay to the Contractor’s account.
3.6. The Customer’s obligations associated with payment for the services rendered by the Contractor hereunder shall be executed on the date of debiting the corresponding amount to the Contractor’s personal account or on the date of bringing the corresponding cash to the Contractor’s payment office or the payment office of the Agent, specially auhtorized by the Contractor.
4. Liabilities of the Parties
4.1. The Parties shall be liable non-fulfilment or improper fulfilment of their obligations of this Agreement in the scope and under the procedure, set forth hereby, and pursuant to the Russian Federation laws.
4.2. Neither Party shall be liable for the actions or omissions of the third parties that exert or have exerted the influence on the obligations fulfilment hereunder.
4.3. The Parties shall be liable only for the actual damage, beard by either of the Parties due to the other Party’s improper fulfilment or failure to fulfil its obligations under this Agreement.
4.4. The Contractor shall not be liable in case of impossibility to render the services due to the reasons, which are dependant on the Supplier and are beyond the scope of the Contractor’s responsibility. The Customer may not require from the Contractor to compensate the damages, caused by the impossibility to render the service on non-Contractor’s fault.
4.5. The Customer shall be fully liable for the consequences of any actions or omissions performed using the ordered services.
4.6. The Parties shall be liable for safety of the confidential information.
5.1. The Parties shall not be liable in case of force-majeure events, namely the emergencies and unavoidable events: natural disasters (earthquakes, floods, etc.), public life events (military actions, large-scale strikes, epidemics, etc.).
5.2. In addition to the conventional force-majeure events, the Parties have agreed to include the following: legal acts, orders and actions of the President, Government or other executive bodies, resulting in restriction of the Parties’ ability to discharge their obligations hereunder, and interruptions in provision of municipal services or power supply, caused by the large-scale (system) collapses.
5.3. The Party, who’s violation of the obligations fulfilment or delay was caused by the force-majeure events, shall notify the other Party in written within five days and provide the approval documents and (or) other evidences of such events existence.
5.4. In the cases when the force-majeure events and their consequences are in effect for more than 2 (two) months, or upon such events occurrence it becomes evident that they and their consequences will be in effect in excess of this period, within the shortest possible time the Parties shall conduct negotiations to find the acceptable alternative ways for the Agreement execution and meeting the corresponding arrangements.
6. Disputes Resolution
6.1. The Parties shall take all reasonable measures to resolve all disputes and disagreements arising from this Agreement by negotiations of the Parties’ authorized representatives and by exchanging the corresponding notices.
6.2. In the event of failure to reach the agreement, the disputes shall be brought to the Moscow City Court of Arbitration upon the mandatory following the preliminary claim procedure for the disputes resolution and with determination of the deadline for response to a written complaint equal to 10 (ten) calendar days since the moment of its receipt.
7. Validity of the Agreement
7.1. The Agreement shall be concluded for one calendar year, starting from the date of its conclusion. The Agreement shall be automatically prolonged for the following one-year period, if 30 (thirty) calendar days before the Agreement expiry neither Party declares its refusal to prolong the Agreement validity.
7.2. The Agreement may be terminated any time as agreed by the Parties.
7.3. The Agreement may be terminated on the initiative of either Party by sending the corresponding written notice to the other Party not later than 30 (thirty) calendar days before the Agreement termination date. Herewith, the Customer shall compensate the Contractor for the expenses, actually beard by the Contractor while rendering the services hereunder.
7.4. The Agreement termination shall not terminate the Parties’ monetary obligations that have arisen within the Agreement duration.
8. Correspondence of the Parties
8.1. The Parties hereunder shall recognize legal validity of the texts of the documents, received via the communication channels, on an equal basis with the documents, executed in a simple written form. The exceptions of this rule are the documents, for which obligatory written form is stipulated in compliance with the RF legislation.
8.2. In the terms of this Agreement the communication channels are the contact phone numbers and e-mail addresses, published on the Contractor’s website.
8.3. The Parties shall assume all liability for the actions of the employees, having access to the communication channels.
8.4. The main communication channel with the Customer shall be the e-mail address, specified by the Customer upon registration on the Contractor’s website. In case of receiving a letter or any other notice from the Contractor requiring the answer by e-mail, the Customer shall provide the answer to the received letter within 5 (five) days from the moment of receipt.
9.1. Neither Party may transfer its right and obligations hereunder without the consent of the other Party.
9.2. Amendments and alterations of the text of this Agreement shall be performed only under the procedure, set forth herein.
9.3. The Customer agrees that the information submitted to the Contractor by means of placing the orders, the other documents, including the electronic form, placed by the Customer in the sections of the specified documents and marked «public», shall be used by the Contractor in full as required for the Agreement execution.
9.4. The Customer shall guarantee validity and timeliness of the provided information to the Contractor.
9.5. The laws regulating the Parties’ relationships shall be the legislations of the Russian Federation.