Public offer – Internet Space .UA

Public Offer Agreement

for the provision of services

The provider Internet Space .UA, on one side, and

any person who has accepted this offer (hereinafter referred to as the “Customer” or “Client”), collectively referred to as the Parties, and each individually as a Party, have entered into this Public Offer Agreement for the provision of services (hereinafter – the Agreement), addressed to an unlimited number of individuals, which is an official public offer of the Provider to enter into this Agreement with any Customer.

Key terms and definitions used in the Agreement

Client’s Cabinet – the personal account of the client, where they can manage invoices, place orders, make payments, and perform other actions required to operate the personal account. The Client’s Cabinet is hosted on the Website.
Login – a unique combination of letters and numbers on the Provider’s server used together with a password to identify the Client.
Password – a combination of letters and numbers used together with the Login to identify the Client.
Account – a set of information provided by the Client, tools, and user rights in a multi-user system containing data necessary for user identification during system access, authorization, and usage tracking.
IP address (Internet Protocol address) – a unique numeric identifier assigned to each device connected to the Internet.
Proxy server – an intermediate server acting as a bridge between client devices (e.g., user computers) and the target server they are accessing.
VPN (Virtual Private Network) – a technology that establishes a secure connection between two or more devices over the Internet.
Uptime – a term referring to the amount of time a computer system or service operates continuously without interruption or failure.
Internet speed – refers to the data transfer rate over the network from one device to another.
Internet traffic – the amount of data transmitted through the Internet from one device to another.
Parasitic traffic – a type of traffic resulting from malicious software activity that unlawfully uses network or client computer resources.
Website – a set of web pages and related content available on the Internet, unified by content and navigation under the Provider’s domain name and located at: https://my.internetspace.com.ua.
Spam – unsolicited messages sent to users without prior consent. This may include emails, text messages, website comments, or promotional or offensive content.
Hacking – the act of breaching or gaining unauthorized access to computer systems or networks to obtain confidential data, cause harm, or exploit system resources without permission.
Other terms used in this Agreement have the meanings assigned to them in the relevant subparagraphs, paragraphs, and/or Sections of the Agreement.
Headings (sections/paragraphs) of this Public Offer Agreement are for convenience only and do not affect the content or interpretation of the Agreement.

General Provisions of the Agreement

Under this Agreement, the Provider undertakes to provide the Customer with server hosting services, server rental, and server administration according to the selected tariff plan. A list of tariffs and their prices is published on the Provider’s website.
This Agreement is concluded by the Customer’s full and unconditional consent (acceptance) to the Agreement in its entirety, without the signing of a written copy by the Parties.
This Agreement has legal force in accordance with Articles 633, 641, and 642 of the Civil Code of Ukraine and is equivalent to an agreement signed by both Parties.
By accepting this Agreement, the Client confirms that they have read and agreed to all its terms in full.
The Customer may be a natural person who is at least 18 years old on the date of concluding the Agreement.
Creating an Account and ticking the agreement checkbox is considered undeniable evidence of the Client’s acceptance of this Public Offer (acceptance of this Agreement by the User).
By entering into this Agreement, the Client automatically agrees to the full and unconditional acceptance of the terms of this Agreement and all its annexes, which form an integral part of the Agreement.
If the Client disagrees with the terms of this Agreement, they are not entitled to conclude the Agreement or register an Account.

Client Requirements

The ability to use the Services is granted only to fully capable natural persons who are at least 18 years old.
The Provider is not responsible for access to and use of the Services by individuals who are citizens/residents or accessing from countries where such Services are prohibited by law or subject to restrictions.
By creating an Account, the Client represents and warrants that: 3.1. They have the legal capacity to enter into and perform obligations under this Agreement and the User Agreement in accordance with the laws of Ukraine; 3.2. They have not previously been banned or restricted from receiving the Services.
The information provided by the Client does not contain false or misleading data.
If the Provider has suspicions or evidence that the Client has engaged in hacking, spamming, generating parasitic traffic, distributing pornographic materials, or personal data of third parties, the Provider has the right to refuse service (in whole or in part) and/or suspend the Client’s Account without refund.
To access the Account, the Client must agree to the terms of this public offer (accept this Agreement) and register their Account. Registration includes, but is not limited to, providing full name and a valid email address.
The Client agrees to comply with the terms of this Agreement, including the policies and rules published on the Website.
The Client must report any issues related to the Services to the Provider’s Technical Support.
The Client is prohibited from sharing login credentials or other access data to the Account with third parties.
The Client is prohibited from reselling or transferring the Provider’s Services to third parties.

Services and Payment Procedures

The data provided during registration must be accurate and sufficient for proper identification of the Customer. The Customer is responsible for the security and proper use of logins, passwords, and other credentials and must take all necessary steps to ensure their confidentiality. The Provider is not liable for any loss of confidentiality or damage caused by the Customer’s failure to comply with these requirements. The Customer is fully responsible for all actions taken using their password, whether authorized or not.
The Services are provided as described on the Website at the prices (tariffs) listed on the Provider’s website.
Payment for Services is made by the Customer in Ukrainian national currency – hryvnia – as 100% prepayment of the selected Services via transfer to the Provider’s bank account.
The Client has the right to cancel the service and request a refund for the unused period only if the Provider’s service/equipment uptime was below 99.95% (calculated annually).
The Provider reserves the right to change, improve, suspend, or permanently discontinue the Services (or any part thereof) at any time with or without notice. The Customer agrees that the Provider has the legal right to do so with respect to the Customer or any third party.
The Provider reserves the right to change the service prices. Notification of any pricing or tariff plan changes will be made via publication on the website. Customers who have already paid in advance will continue to receive services under the old prices and conditions until the end of the prepaid period.
The Provider guarantees the declared service parameters (Internet speed, unlimited traffic) on its own equipment but does not guarantee their stability on the transmission path to the Client.
The Provider is not responsible for the performance of third-party internet resources.
If the IP address provided to the Client is blocked (access restricted) on a third-party resource, such IP address will not be replaced with a new one.

Anti-Money Laundering (AML/CFT) and Know Your Customer (KYC) Policy

The Provider takes all necessary measures and adheres to the best practices to comply with all applicable laws and regulations related to anti-money laundering and/or terrorist financing. The Provider will make every reasonable effort to detect and prevent the use of its services by individuals engaged in any criminal activity in any jurisdiction.
To avoid and minimize potential risks of being involved in illegal activity, the Provider operates in accordance with its AML/CFT Policy and internal procedures related to anti-money laundering, counter-terrorism financing, and KYC compliance.
The Provider’s AML/CFT Policy includes, among other things:
1. internal controls;
2. staff training;
3. verification procedures;
4. risk assessment and monitoring based on a risk-based approach;
5. auditing of the AML/CFT compliance program.
If the Provider has reasonable grounds to suspect any suspicious activity on the Account (including third-party complaints) or that the User is engaging in or planning suspicious actions, the Provider may, at its sole discretion: deny the provision of services; block access to the Client’s Account; or terminate this Agreement without prior notice.

Confidentiality

The Customer agrees that all information directly or indirectly related to this Agreement, as well as information about the Provider’s activities that is not publicly available and became known to the Customer during the conclusion and execution of this Agreement, shall be considered confidential. Commercial secrets of the Provider are also regarded as confidential information. Additionally, other information declared as confidential by the Provider shall also be treated as such, even if it is not considered a trade secret under Ukrainian law.
Confidential information also includes any information received by the Customer in paper, electronic, or oral form in connection with the signing and/or execution of this Agreement, including but not limited to: ideas, methodologies, innovations of any kind invented, developed, or implemented by the Provider; data stored on the Provider’s computers, servers, external drives, cloud storage; and Provider databases.
Obligations related to the confidentiality regime under this Agreement do not apply to information that: 3.1. was publicly available at the time of its receipt by the other Party; 3.2. became publicly available after its receipt, for reasons other than a breach of this Agreement; 3.3. was lawfully in the possession of the Party before receiving it from the other Party; 3.4. was received from a third party legally authorized to disclose it and not bound by confidentiality; 3.5. is permitted for disclosure by written consent of the owner of the confidential information; 3.6. became known to the Party from other sources before this Agreement was concluded; 3.7. becomes public due to the fault, negligence, or intent of the owner of the confidential information; 3.8. is not considered confidential under applicable law.
The Customer undertakes to keep the confidential information secret and take all reasonable measures to prevent its unauthorized disclosure by any means.
If the Customer believes there is a threat of disclosure of confidential information or such disclosure has already occurred, they shall immediately, no later than the day following the discovery, notify the Provider in writing and via email.
Each Party agrees to use the confidential information obtained exclusively for the purpose of fulfilling this Agreement and in the manner provided herein.
If the Customer violates the confidentiality obligations under this Agreement, they shall be liable according to this Agreement and the applicable legislation of Ukraine and must compensate for any damages caused by the breach.
If the Customer discloses confidential information, they must, at the Provider’s request, pay a penalty of UAH 20,000 for each such violation.
Confidential information received in a form that does not allow for physical return must be destroyed immediately, no later than the termination date of the relevant contractual obligations.

Force Majeure Circumstances

The Parties are released from liability for partial or complete failure to fulfill their obligations under this Agreement if such failure is caused by extraordinary and unavoidable circumstances (force majeure), including but not limited to: military actions, civil unrest, sabotage, natural disasters, power outages, Internet or telecommunications disruptions, or government restrictions. The performance of obligations under this Agreement is postponed for the duration of such circumstances.

Liability

If either Party breaches its obligations under this Agreement, it shall be held liable as defined by this Agreement and the applicable laws. A breach includes non-performance or improper performance of obligations, i.e., failure to meet the terms and conditions defined by the Agreement.
The Provider shall not be liable for any harm caused to the life, health, or property of the Client or third parties as a result of the use of the Services by the Client.
The Provider is entitled to charge the Client a penalty for actions specified in clause 3.5 of this Agreement by deducting from the Client’s prepaid funds an amount equivalent to the cost of two calendar months of the selected Services.
The Parties are not liable for non-performance of obligations under this Agreement if such non-performance was not due to their fault. A Party shall be deemed not at fault if it proves that it took all measures reasonably expected to properly fulfill its obligations.
The provision of Client data by the Provider to law enforcement, courts, or other authorized institutions shall not be considered a breach of confidentiality under this Agreement.

Dispute Resolution Procedure

All disputes arising from or related to this Agreement shall be resolved through negotiations between the Parties. In case of non-performance or improper performance of obligations under this Agreement, the aggrieved Party shall send a written claim (demand) to the other Party.
All claims (complaints) from the Customer regarding the Services must be submitted to the Provider via the email address specified in this Agreement as a scanned copy, with mandatory subsequent mailing of the original claim to the postal address indicated in this Agreement. The Provider shall review the Customer’s claim within 30 (thirty) calendar days from the date of receipt and shall make a decision accordingly.
If a dispute cannot be resolved through negotiations, it shall be settled in court according to the jurisdiction and competence established by the applicable laws of Ukraine.

Term of the Agreement and Termination

This Agreement enters into force upon acceptance of the Public Offer and remains effective until full performance by the Parties.
Early termination of the Agreement at the Customer’s initiative requires written notice to the Provider no later than 14 (fourteen) business days prior to the termination date.
The Provider may unilaterally terminate the Agreement if the Customer fails to fulfill or improperly fulfills their obligations. In such cases, the Agreement is deemed terminated on the day the relevant notification is sent to the Customer by any available means.
The Parties agree that in the event of early termination by either Party, any funds paid to the Provider by the Customer shall not be refunded.

Other Terms and Conditions

The Provider reserves the right to unilaterally amend this Agreement, which shall take effect upon publication of the changes. Regardless of other provisions, the Client acknowledges that the Provider may restrict access, impose limits, suspend the Account and/or access to Services, or block funds if any of the following circumstances occur (or are reasonably suspected): 1.1. security breach; 1.2. suspected or actual violation of this Agreement, AML/CFT policy, or applicable laws; 1.3. legal compliance, including restrictions on digital assets; 1.4. unusual or suspicious activity, unauthorized access; 1.5. adverse market or asset conditions; 1.6. any other reason deemed sufficient by the Provider; 1.7. activity related to money laundering or terrorism financing; 1.8. the Account is subject to criminal investigation; 1.9. use by sanctioned individuals or entities; 1.10. breach of the User Agreement, Privacy Policy, or any applicable law.
The duration of restrictions or Account blocking is determined by the Provider.
If the Account is blocked or deleted, the Client may contact Technical Support to request a refund of the balance within 7 (seven) calendar days. If no request is made within this period, the balance becomes the property of the Provider. In the cases described in clauses 11.2.7, 11.2.8, 11.2.9, and 11.2.10, the Provider may unilaterally terminate this Agreement.
If the Agreement is terminated due to fraud, AML/CFT violations, or material breaches (including use of Services by sanctioned entities), the Provider has the right to cancel Client data and/or apply a penalty equal to the full remaining balance of the Account.
The relationship between the Provider and the Client is governed by the laws of Ukraine.
Services may be temporarily or fully unavailable due to maintenance or technical reasons. The Provider’s technical team may perform such work with or without prior notice to Clients.
Each Party, in accordance with the Law of Ukraine “On Personal Data Protection,” gives the other Party explicit consent to process personal data contained in this Agreement and related documents, for the purpose of civil, economic, administrative, tax, and accounting relations. Each Party confirms that it has been informed about the inclusion of its personal data in the database of the other Party and about its rights as a data subject.