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Service Level Agreement

1. GENERAL RULES

1.1. This regulations and amendments thereto come into legal force at the time of their publication on the www.coretek.hosting website. This document describes the conditions and the way of operation of the web services provided by Coretek.hosting and also defines the rights and obligations of both parties. Payment for Coretek.hosting web services by a customer is equivalent to his or her consent to this regulations terms in the form as it is published on the www.coretek.hosting website. (see APPENDIX 1: RISK DISCLOSURE)

1.2. Ordering a chosen service through the order form at www.coretek.hosting is part of the procedure of entering into contract for services between Coretek.hosting and the person performing the registration, that is equivalent to consent to this Regulations and implies accepting the obligadtions to comply its terms. From the moment of entering into contract the person performing the registration becomes Coretek.hosting Customer. All kinds of claims which are the results of ignorance of this Regulations will not be considered.

1.3. Coretek.hosting reserves the right to change the Regulations at any time. If current contract will not be denounced by Customer in 7 days period starting from the date the changes were made then it will be implied as Customer consent to the Regulation changes. Regulation changes will be published at www.coretek.hosting and come into legal force at the time they were published on www.coretek.hosting. The Coretek.hosting is not obliged to notify a Customer about the Regulation changes in any way excepting those described in this section.

 

2. SERVERS OPERATION

2.1. Coretek.hosting provides the following services: E-mail addresses, Virtual servers, VPS services (Virtual Private Server), Dedicated Servers, Hosting (allocating websites at Coretek.hosting servers).

2.2. Customer is solely responsible for any content hosted on his/her servers provided by Coretek.hosting. All services provided by Coretek.hosting can be used only for purposes which do not violate the law, that excludes (but not limited by) copyright protected materials, materials containing threats, trade secrets, advertising or any other kind of spam, and disrespect to anyones private life. Coretek.hosting reserves the right to decide on its own which materials violate the Contract rules.

2.3. Coretek.hosting reserves the rule to delete any suspicious software from any server provided to a Customer in a case when the software can even indirectly or potentially harm the Coretek.hosting and/or its Customers.

2.4.  Customer authorizes Coretek.hosting to process personal data specified during registration process. Customer confirms that he or she had been informed about need of keeping personal details (provided to Coretek.hosting) up to date. Coretek.hosting is obliged to keep personal details of Customer in confidentiality. If Customer does not clearly objected to it, Coretek.hosting has the right to put Customer’s last name or his / her organisation name in its recommendation list.

2.5. Customer is obliged to protect its own access password and do not take any attempts of hacking passwords of other users and do not act to the detriment of other users in any other way.

2.6. In cases when limits to data traffic or capacity are set by Regulations the User is obliged to compensate the price of usage over the limit or to change its plan to a more suitable one if the limit was reached and/or overcome. The traffic unused in current month cannot be used in the next month.

2.7. Customer is responsible for damage caused by disrespect or ignorance of this Regulations and by illegal activities performed through the Internet.

2.8. Customer is obliged to timely respond to incoming abuses: take steps to eliminate the causes and notify Coretek.hosting staff via Billing System Tickets. Otherwise Coretek.hosting reserves the right to refuse providing service access after 5 days  from the date when the abuse claim was received.

2.9.  Coretek.hosting reserves the right to terminate the contract and to refuse providing a service access without a cash refund in a case of breach of trust from Customer to Coretek.hosting, expressed in deliberately harming using the service and made by means of the Internet. This includes activities related to the placing a malware (viruses, trojan horses, exploits) and links to it publicly available; activities related to placing (hosting) of managing software for infected computers(botnet controllers); activities related to mass mailing of unsolicited advertising via e-mail (spam); activities related to plasing, storing, hosting or publishing of fake website pages of real official organizations and legal entities (fishing); activities related to plasing, storing, hosting or publishing of illegal adult content (child pornography, zoophilie, rape, other); activities related to collecting personal information including access codes (logins, passwords, etc.), payment requisites (carding); and other activities which are illegal in Germany, Netherlands, European Union and Russian Federation.

2.10. Coretek.hosting responsibilities include technical maintenance of the hardware used for the services offered, namely: a) network availability problem solving; b) datacenter equipment hardware problem solving, including the servers offered; c) the most detailed Customer consultations and advise on their problems troubleshooting (depends on the company staff skills); d) collecting and analyzing the data received from Customers and timely taking actions to resolve encountered problems through contact to technicians on duty at the datacenter machine room. Within the scope of Virtual Hosting service Coretek.hosting is also obliged to provide system administration and timely troubleshooting services for the systems where Customer websites are located.

Dedicated Servers administration service is not included in Coretek.hosting technical support staff responsibility, but it is possible to order this service as paid.

 

3. ENTERING INTO AND EXTENDING THE CONTRACT

3.1. In order to enter into contract for provision of Internet services Customer have to complete the order form and send it by e-mail, and after confirming the order by Coretek.hosting Customer must make payment for the services provided. Coretek.hosting reserves the right not to accept an order, for example, if in the past there has been a failure to comply with the Regulations, or in case of doubt in Customer solvency. Delivery of servers depends on computer hardware availability in stock.

3.2. Contract on subscription drawn up for the period defined in the order form and is subject to automatic extension for the next billing period according to the pricing schedule at the time of the initial order, except in cases when Coretek.hosting receives a written declaration of intention to denounce the Contract at least at 15 days before the beginning of the next billing period.

3.3. In case of ordering services in any other way except e-order form, will be applied the conditions defined in this other method of ordering the service.

3.4. Each party may denounce this Contract at least at 15 days before the beginning of the next billing period.

3.5. Regardless of this decision Coretek.hosting reserves the right to:

a) terminate the Contract without a notice and suspend the server in the case of non-payment on the due date for the service lease renewal;

b) terminate the Contract without a notice and suspend the server for any reason which Coretek.hosting considers sufficient in terms of violations of the rules of this Regulations, including section 2.2..

3.6. Coretek.hosting is not obliged to refund the subscription fee in case of termination of the contract by the Customer before the expiry of the period for which the subscription was purchased.

3.7. Once the contract is over, regardless of the reasons for its termination, Customer must immediately stop using the services and make backup of its own data. In such cases Coretek.hosting is not responsible for any data loss of the Customer.

 

4. PRICES, BILLING, PAYMENTS

4.1. Customer makes advanced payments for a Service subscription, i.e. the services will be provided or resumed after 100% prepayment only.

4.2. Payment for a Service Subscription - is payment for using a Dedicated Server, VPS (Virtual Private Server) or Hosting within the Coretek.hosting network and does not include the services such as: Internet access, software configuration or a website development.

4.3. Price for any separate service subscription could vary in a case the Coretek.hosting considers there are strong reasons for that including variations of currency exchange rates.

4.4. Payment for subscription renewal should be received by Coretek.hosting before the beginning of the next billing period. If the payment will not be received in this period Coretek.hosting has the right to terminate the Contract and stop servicing the Customer.

4.6. Coretek.hosting is not responsible for any problems arising from the payment delays caused by third parties such as payment processing systems, post offices, banks, etc.

4.7. Termination of the Сontract does not release the Customer from paying Coretek.hosting all amounts due.

4.8. In cases where the Customer has committed itself to repay the debt by credit issued by Coretek.hosting (deferred payment) and violated the agreement, Coretek.hosting reserves the right to transfer the materials of the deal to the competent authorities for the settlement of the financial dispute between the Customer and Coretek.hosting (Webmoney arbitration and others) as well as to file a claim for the amount of the Customer debt and claim its compensation as prescribed by law.

4.9. Recovery of the overdue and deleted virtual (shared) hosting accounts is possible on the following conditions: timeless storing of a full backup of the cPanel user account - 50 USD single payment for a complete archive; or 100% prepayment for the next year of the service use + $ 50 USD single payment for restoring the account from a backup.

 

5. LIMITATION OF Coretek.hosting LIABILITY

5.1. Coretek.hosting guarantees 99.6% uptime in a year for the services provided. 1% of the time within a year can be used for preventive maintenance. Coretek.hosting compensates to a Customer any (documentary confirmed) possible interruption of the service supply stability for more than 24 hours, which was caused by Coretek.hosting. The compensation will be expressed in the service supply period prolongation  for the time equivalent to the twice as longer a period of interruption. The compensation claim considered valid providing that the interruption was not caused by telecommunication or digital lines failure, which are not under the Coretek.hosting control.

5.2. Excepting the cases specified above, services are delivered "as is" and "which is available" and Coretek.hosting excludes, and Customer refuses declarations and guarantees direct or implied, arising from a legal act or any other way including but not limited by any implied commercial warranties of quality, applicability for any specific purposes, non-infringement, and order as well as any warranties arising from the transaction process, tradition or commercial practices. Coretek.hosting does not guarantee that a service will work without errors, defects, interruptions or failures. Neither party will be responsible for any indirect, occasional, deliberate or secondary losses and penalties (including losses resulting from a profit lost by a Customer, lost customers, lost business opportunities, anticipated money savings). Coretek.hosting responsibility for losses arising from the service provision or for any other reason, including (but not limited to) errors or other failures of service usage or arising from the fact of not providing the service, or arising as a result of an act or omission, including computer hardware failures or a Customer software failures or other losses that have arisen after service delivery will be limited to the service provision period extension as mentioned above. Coretek.hosting company total liability will in no case exceed the amount the Customer paid to Coretek.hosting in current month.

5.3. Neither party will not be liable for a refuse or delay in fulfilling any of its obligations arising from this Contract (other than making payments according to this Contract) in the case where the fulfillment of this obligation is not possible, directly or indirectly, for any external and unexpected reason excepting force majeure, including fire, flood, effect of a higher power, interruptions in the electric power supply for more than 48 hours, strikes, legislative acts, disasters, transport disruptions or interruptions in communication, disruptions in delivery services or lack of possibilities of supplies or fulfillment by third parties their liabilities associated with the production and supply of any equipment or materials required to a party in order to fulfill its obligations according this contract.

5.4.  Customer agrees to take full responsibility for files and data hosted on Coretek.hosting server and take care of creating a working backup of files and data stored on Coretek.hosting servers. Coretek.hosting is not responsible for any data loss, including those caused by delays, delivery failures, incorrect deliveries and any other delays and interruptions that occurred through the fault of the Coretek.hosting Company and its staff. Coretek.hosting is not responsible for the quality of the information received via e-mail as well as for its contents.

5.5. Coretek.hosting is not responsible for any losses caused by a Customer in the cases of the service misuse and access data loss.

5.6. Coretek.hosting takes no responsibility or any other property liability for any functional disruptions of a Customer websites caused by errors in a software purchased from third parties. Dedicated servers control panels which are provided for free are also included to this category.

 

6. FINAL STATEMENTS

6.1. Regulations and amendments thereto come into legal force at the time of their publication on the www.coretek.hosting website.

6.2. This Regulations is an authorized Contract between the Customer and the Coretek.hosting about the subject of the deal. All previous agreements and applications about the subject of the deal are replaced by this Agreement.

 

Appendix 1: RISK DISCLOSURE

Offered goods and services are provided not by an individual or a legal entity which uses WebMoney Transfer system. We are an independent entity which provides its services and makes its decisions about pricing and offers independently. Entities which use WebMoney Transfer system, do not receive commissions or other rewards for their participation in providing our services and are not responsible for our activities.

Verification done by WebMoney Transfer only confirms our contact details and identity. It is performed by our request and does not mean that we are in any way linked with the sales of WebMoney system operators.

Full text: http://www.webmoney.ru/eng/legal/transfert.shtml

 
 
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