Offer

Please note: document is provided for informational purposes and has no legal effect, because his translation using machine translation programs. The original document is available on the link https://lite.llc/documents/offer.

Offer to conclude an agreement on server administration, website maintenance, hosting and software services

Individual entrepreneur Gromova Ivlina Vladimirovna (IIN 790701403113), hereinafter referred to as “Executor” expresses its intention to enter into an agreement for the provision of hosting services with individuals under the terms of this offer.

Terms and definitions
1. Offer is this document published on the Site at https://lite.llc/documents/offer.
2. Acceptance of the Offer - full and unconditional acceptance of the Offer by performing the actions specified in clause 4.1. - clause 4.4. Offers
3. Customer is a person who has accepted the Offer and is a consumer of services under the concluded Agreement.
4. Agreement is an agreement between the Customer and the Contractor for the provision of services, which is concluded through Acceptance of the Offer.
5. Hosting services are services for the provision of computing power for placing information in an information system permanently connected to the Internet.
6. Access services - services for providing an unlimited number of people from the Internet with access to the Customer’s information located in the information system in the provision of hosting services.
7. Software services - services for the use of software intended for registration, re-registration (renewal) of domains, management of domain names, as well as services for the provision of software for managing hosting services.
8. Additional services - server administration, website maintenance and other services related to websites and servers. The list and cost of services are posted on the Website.
9. Hosting services - a set of hosting services, access services and related additional services, as well as software services provided at the Customer’s request in accordance with the Contractor’s tariff plans.
10. Site - a set of programs for electronic computers and other information of the Contractor on the information and telecommunications network “Internet”, accessed at https://lite.llc and https://billing.lite.llc.< /li>
11. Application is the result of the Customer’s actions performed using the Site’s software or other software provided by the Contractor, reflecting the composition and list of hosting services provided that are required to be provided by the Contractor.
12. Registration data - a list of mandatory information determined by the Contractor, specified by the applicant during the initial formation of the Application for the provision of hosting services and available for subsequent editing by the Customer through his personal account on the Site.
13. Credentials - data provided to the Customer by email or through other software of the Contractor in order to gain access to hosting services.
Subject of the offer
1. The Contractor undertakes to provide hosting services to the Customer during the term of the Agreement, and the Customer undertakes to pay for these services.
Rights and obligations of the parties
1. The performer is obliged:
  1. Provide the Customer with credentials in a timely manner.
  2. Ensure uninterrupted operation of the Contractor’s equipment and software during the provision of services at least 99% of the time during the month.
  3. Inform the Customer about planned activities that entail a temporary suspension of the execution of the Agreement or changes in the conditions of its execution no later than 5 (five) hours before they are carried out.
  4. Notify the Customer at least 10 calendar days before changing tariffs or tariff plans through the Site and (or) email.
2. The customer is obliged:
  1. Indicate reliable registration data and make changes to them in a timely manner.
  2. Ensure confidential storage and prevent credentials from being compromised.
  3. Immediately notify the Contractor in the event of loss or reasonable suspicion of a violation of confidentiality (compromise) of credentials.
  4. Use the services in accordance with the terms of the Agreement, the legislation of the Republic of Kazakhstan, and also not perform the following actions:
    - publication or transmission of any information, the distribution of which is contrary to the legislation of the Republic of Kazakhstan or international law;
    - publication or transmission of illegally obtained information, in whole or in part, protected by copyright and/or related rights without the permission of the owner of the rights;
    - publication or transmission of any information that contains viruses or other harmful components;
    - publication or transmission of pornographic materials;
    - mass distribution of information via email;
    - falsification of the IP address, as well as other identification data used in network protocols when transmitting data on the Internet;
    - organization of a proxy server, virtual private network (VPN) server, as well as installation of software related to proxy servers and VPN on the hosting account;
    - committing actions aimed at disrupting the normal functioning of elements of the Internet (computers, other equipment or software);
    - committing actions aimed at gaining unauthorized access to an Internet resource (computer, other equipment or information resource), subsequent use of such access, as well as destruction or modification of data on this resource.
  5. In the event of claims and/or demands and/or claims against the Contractor from third parties related to the Customer’s violation of regulatory legal acts of the Republic of Kazakhstan and/or the rights of third parties, the Customer is obliged to take part on the Customer’s side in the work to resolve claims . The Customer undertakes to fully reimburse the Contractor for costs and losses associated with compensation for the above claims and/or claims and/or claims of third parties.
  6. The customer independently takes all necessary measures to resolve possible disputes and claims presented to him personally.
  7. Do not transfer responsibility to the Contractor for damage of any kind caused by third parties who gained access to the Customer’s identification parameters and/or resources through the Customer’s fault.
  8. Comply with the requirements established by the legislation of the Republic of Kazakhstan in the field of information and information technology.
3. The customer has the right:
  1. Check the progress and quality of services provided by the Contractor at any time.
  2. To terminate the Agreement unilaterally, while reimbursing the Contractor for the actual expenses incurred by him in executing the Agreement at the time of its termination.
  3. Demand recalculation in case of interruptions in the provision of services or in the provision of services with reduced quality in the manner prescribed by the Agreement.
4. The performer has the right:
  1. At your discretion, involve third parties in the execution of the Agreement.
  2. Change the cost of services, parameters of tariffs or tariff plans unilaterally. The Customer is notified of changes via the Site.
  3. Suspend during the term of this Agreement the provision of hosting services for a period of no more than four hours per month in order to carry out scheduled maintenance of communications and other equipment used to provide them.
  4. Suspend the provision of access services in whole or in part if the Customer violates the terms of the Agreement until they are eliminated.
  5. Suspend, block or prohibit the use of the Customer's software if the operation of such software leads or may lead to emergency situations, violation of the security system or terms of service.
  6. Suspend the provision of hosting services in whole or in part if the load created by the provided computing power, as well as incoming or outgoing Internet traffic, creates unacceptable conditions for the operation of the Contractor’s technical means or affects the quality, including safety, of the provision of services services to other clients of the Contractor.
  7. Suspend the provision of access services in the event of claims from third parties regarding information posted by the Customer, until settlement in the manner established by the Agreement.
5. The Contractor is not responsible for:
  1. For high-quality and uninterrupted operation, availability of certain segments of the Internet supported by third parties;
  2. For the availability of information posted by the Customer for all segments of the Internet, due to the peculiarities of the functioning of segments supported by third parties;
  3. For information posted by the Customer, the performance of software installed without the participation of the Contractor.
  4. For the performance and compatibility of software developed by the Customer or third parties;
  5. For the performance of the software provided by the Contractor, if changes were made to the software due to the fault of the Customer;
  6. For third party access to the Customer’s proprietary information, including credentials, that occurred through the Customer’s fault, as well as for the consequences of such access;
  7. For damage of any kind incurred by the Customer due to the latter’s disclosure of his credentials;
  8. For damage that may be caused to the Customer as a result of the execution of the Contract.
  9. For the integrity and timeliness of the Customer’s data backup, as well as for the quality, timeliness and completeness of the measures taken by the Contractor in the event of actions by third parties aimed at bringing the computing power provided to the Customer to the point of failure of its normal performance (DOS attack).
  10. For the accuracy of the registration data provided by the Customer.
  11. For the performance of third-party software designed for exchanging data in a machine-readable format.
Acceptance of offer and conclusion of contract
1. In order to form an initial Application for the provision of services, the person intending to accept the Offer provides reliable information about himself and the necessary hosting services by filling out registration data through a form on the Sites https://lite.llc and https://billing .lite.llc
2. After submitting the Application specified in clause 4.1. The contractor issues an invoice for payment.
3. The Customer accepts the Offer by paying for the Contractor's services in accordance with the invoice issued for payment.
4. The Acceptance period is 10 (ten) working days from the date of issuance of the invoice for payment.
Features of providing software services
1. The Contractor, at its discretion, determines the list of authorized domain name registrars, as well as other third parties involved in the process of providing software services.
2. The Customer has the right to choose a domain name registrar from those offered during the provision of software services by the Contractor.
3. Payment for domain name registration services is made from the Contractor's bank account. The cost of registration is included in the tariff approved by the Contractor.
4. The customer is obliged to independently carry out actions in the process of using the software service and is responsible for such actions.
5. The Customer is obliged to independently familiarize himself with and monitor any changes in the Domain Name Registration Rules for each domain zone, bear responsibility for their implementation, and be responsible to authorized domain name registrars during the domain name administration period.
6. In order to fulfill the contract, the Customer is obliged to provide all information requested by the software and necessary for the provision of software services.
Features of providing additional services
1. The order of additional services from the list indicated on the Site is carried out by the Customer through implicit actions - filling out the order form for additional services and putting the appropriate marks on the Site.
2. Tariffs for additional services from the list indicated on the Site are posted on the Site.
3. The order of additional services not listed on the Site is carried out by the Customer by sending a written application. Tariffs for such services are established by agreement of the parties.
Validity period and changes in terms of the offer
1. The Offer comes into force from the moment of publication on the Contractor’s Website and is valid until the Offer is withdrawn by the Contractor.
2. The Contractor reserves the right to make changes to the terms of the Offer or withdraw the Offer at any time at its discretion.
Responsibility of the Parties
1. The Parties are responsible for non-fulfillment or improper fulfillment of their obligations under this Agreement in accordance with the terms of the latter, and in the part not regulated by the Agreement - the current legislation of the Republic of Kazakhstan.
2. The customer knows the most important functional properties of the services provided. The Customer bears the risk of compliance of the software used under the Agreement with his needs. The Contractor is not liable for any losses arising from improper performance or impossibility of fulfilling the Agreement, unless such losses arose through the fault of the Contractor.
3. In connection with the use of computer and other equipment, communication channels and/or computer programs belonging to third parties in the execution of the contract, the Parties agree that the Contractor is not responsible for any delays, interruptions, direct or indirect damage or losses occurring due to defects in any electronic or mechanical equipment and/or computer programs, or due to other objective technological reasons, as well as as a result of actions or inactions of third parties, problems with data transmission or connection, power outages that did not occur due to the fault of the Contractor.
4. In case of violation of the condition of guaranteed uninterrupted operation time, the Contractor shall recalculate for the services provided based on the Customer’s request and if the Contractor is at fault.
5. Recalculation for services related to the operability of the equipment can be carried out only for that period of time that exceeded the guaranteed operating time of the equipment. Funds received as a result of recalculation are spent on the provision of services in subsequent periods of their provision.
6. The Contractor's liability for failure to fulfill obligations under this Agreement cannot exceed the cost of performing the Agreement for one calendar month.
Calculations
1. Payments for hosting services are made in cashless form by transfer to the Contractor's bank account through payment services, the list of which is posted on the Contractor's Website, based on invoices sent to the Customer.
2. Hosting services and access services are paid in advance by paying a subscription fee, in accordance with the current tariff chosen by the Customer. The prepaid subscription fee is reflected in the invoices issued to the Customer by email as a separate line item.
3. The provision of software services is carried out if there are sufficient funds in the Customer’s personal account, funds are debited from the personal account immediately after the service is provided, if payment for such a service is provided for in the tariff plan.
4. Additional services are paid in advance, unless otherwise provided by agreement of the parties, based on invoices issued to the Customer by email. The specified postpaid services are reflected in invoices as a separate line.
5. During the suspension of the provision of services, which occurred through no fault of the Customer, the Customer may request a recalculation and refund of funds in the manner established on the Site - https://lite.llc/documents/refund.
6. Suspension of access services made in connection with the Customer’s violation of the terms of the Agreement, and in particular in accordance with the section “Dealing with claims of third parties”, is not a suspension of hosting services. Payment for the period of suspension of access services is made in full.
7. The fact of receipt of payment and provision of services is confirmed by a fiscal receipt sent to the Customer. The Customer has the right to send written objections to the Contractor regarding the volume and quality of services. Failure to submit an objection means that the services were accepted by the Customer without objection.
8. Invoices are sent to the Customer by email. The parties consider this method to be basic and sufficient.
9. Methods and conditions for replenishing the balance of the Customer’s personal account are set out on the Contractor’s Website.
Term of validity of the Agreement. Procedure for amendment and termination
1. This Agreement comes into force from the date of its conclusion and is valid indefinitely.
2. If this Agreement is terminated for any reason, its provisions will apply to the relations of the Parties until mutual settlements are completed and the necessary documentation is transferred.
3. The contract may be terminated by agreement of the parties.
4. The Agreement may be terminated at the initiative of the Contractor out of court in the event of non-payment of services within two months from the date of their suspension, as well as in the event of failure to provide the information requested by the Contractor within the prescribed period in accordance with the section “Dealing with claims of third parties” Agreement
Dispute resolution procedure
1. In the event of a violation of the terms of this Agreement by the Contractor, the Customer undertakes to submit a claim no later than 7 (seven) days from the date of discovery of such violations. The Contractor has the right not to accept for consideration claims sent by the Customer later than the above deadline. The Contractor undertakes to respond to the Customer's claim no later than 10 (ten) working days from the date of its receipt.
2. Disputes regarding payment by the Customer of debts overdue by more than 30 (thirty) calendar days may be brought to court without following the pre-trial dispute resolution procedure.
3. If the Parties do not reach agreement on the issues outlined in the claim procedure, the dispute is referred to the court at the Contractor’s registered address.
Working on third party claims
1. In the event that the Contractor receives claims from third parties regarding information posted by the Customer, the Contractor has the right, at its discretion, to suspend the provision of access services by immediately notifying the Customer by email. The notification must be accompanied by information about the content of the third party’s claim, excluding personal data, or a copy of the claim.
2. Together with the notification, the Contractor has the right to request from the Customer explanations, information and/or documents related to the essence of the claim. The customer is obliged to provide the requested information by email within 24 hours.
3. Within 24 hours from the receipt of a claim from a third party, the Contractor is obliged to verify the essence of the claim, except for the cases specified in the Agreement.
  1. In relation to information that may contain viruses and/or other malware, verification is carried out using the services: virustotal.com and imunify360.com. The results obtained from these services are accepted as reliable until the Customer proves otherwise.
  2. With regard to information that may contain elements of pornography, a third party’s claim without additional checks is considered reliable until the Customer proves otherwise by providing the opinion of relevant specialists.
  3. With regard to information that may violate the rules on the protection of personal data, the claim of a third party without additional checks is considered reliable until the Customer proves otherwise.
  4. With respect to information that may violate legally protected intellectual rights, a third party’s claim without additional verification is considered reliable until the Customer proves otherwise.
4. If the Customer does not provide information refuting the claim within the specified period, the Contractor has the right to suspend the provision of access services, of which the Customer is notified in writing. The suspension is valid until the Customer provides the requested information. If within 1 (one month) the Customer has not provided the specified information, the Contractor has the right to unilaterally terminate the Agreement, of which the Customer is notified by e-mail.
5. All costs associated with refuting claims are borne by the Customer.
Final conditions
1. Any notices permitted and (or) required under the Agreement must be sent by the Parties by email from the addresses and to the addresses specified by the Customer in the registration data, the Contractor on the Site. The notice is considered delivered from the moment it is received by the notified Party.
2. The parties undertake to independently and timely check correspondence sent by the above methods.
3. The terms of this offer do not apply to relations with legal entities or individual entrepreneurs.
4. Without conflicting with the above, the Contractor is released from liability for violation of the terms of the Agreement if such violation is caused by force majeure circumstances (force majeure), including: actions of government authorities, adoption of legal acts, fire, natural disasters, strikes, civil unrest, riots, any other circumstances, not limited to the above, that may affect the Contractor’s performance of the Agreement.