Offer

Contract offer
The information below is an official offer (offer) to any legal entity or individual to conclude a contract for subscription services. This agreement is public, that is, it is the equivalent of an "oral agreement" and, in accordance with the current laws of Belize, has the appropriate legal force.
Full and unconditional acceptance of the terms of this Public Agreement is the fact that the Customer makes a payment on account of payment for services and the Contractor receives the relevant financial document confirming the fact of such payment.
If you agree with the terms of the Public Agreement, you can pay for the services.
In this case, the contract will be considered concluded, and our company has assumed the obligation to provide paid services.

Terms used in this agreement

Account - an account that is created for the Customer when he registers in the Contractor's system, which has an access name and password. The account account contains the information necessary to identify the user when connecting to the system, information for authorization, accounting and billing search. Only the person who owns the name and password information has access to the account. Through the account, orders, domains and requests to the Contractor's technical support, change of the tariff plan, replenishment of the balance, unlocking and other actions are carried out.
Contractor – well-web.net; this address is assumed to be the Contractor's website also in all other cases of explicit mention of the Contractor's website or direct reference to it in the text of this Agreement.
Services - telematic communication services provided to the Contractors in accordance with their statutory activities and license in the manner and on the terms specified in the Agreement.
Server - a physical machine owned by our company, the resources of which are made available to the Customer.
Hosting is a service for providing disk space for the physical placement of information on a server permanently located on the Internet.
Hosting can be of several types: virtual dedicated server (VPS or VDS), dedicated server (dedicated server).

1. THE SUBJECT OF THE AGREEMENT

1.1. Under the Agreement, the Contractor undertakes to provide the Customer with hosting services, registration and support of domain names, hereinafter referred to as the Services. The description of the Services, their list and cost are published on the Contractor's website at https://well-web.net/. The Contractor's website is a public resource, i.e. one that all Internet users have access to.
1.2. The Customer undertakes to pay for the Services chosen by him, according to the Tariffs in force at the time of receipt of the Services, and specified in the supplementary agreement.
1.3. The customer is provided with:
a) a unique name and password that allows you to manage orders on the Contractor's website, this information is sent to the contact email address (e-mail) of the Customer after completing the registration procedure;
b) obtaining the necessary data to connect to the Service and configure the software;
c) round-the-clock support by phone, e-mail and ticket system.
1.4. The Services do not include the provision of the possibility of receiving and transmitting the Customer's electronic messages at the Contractor's office, setting up or diagnosing the Customer's personal computer, modem and software, both at the Contractor's office and on site at the Customer's, as well as teaching Internet skills.
1.5. The Contractor is a payer of income tax on a general basis.

2. TERMS AND CONDITIONS OF DOMAIN NAME REGISTRATION

2.1. Registration of domain names is carried out in accordance with the Agreement, as well as the procedure for performing registration actions established by the Contractor and published on the Contractor's website.
2.2. The Contractor carries out registration of a domain name on the basis of an Agreement concluded with various registering organizations.
2.3. Services for registration and support of domain names are provided only in the case of a written Agreement, or after the provision of the Supporting Documents specified in clause 2.5. contracts.
2.4. A new domain name is registered if all the necessary conditions, rules and regulations for its registration are met, in particular:
• at the moment of registration such domain name is free;
• generally accepted moral and ethical norms are not violated;
• the application contains complete and correct information required for registration;
• the rules of this domain zone are observed.
2.5. The "Supporting Documents" in the Agreement means documents confirming the information necessary to identify the Customer.
2.5.1. For a legal entity: copies certified by the seal of the legal entity and the signature of the authorized body:
- certificates of state registration (for a foreign legal entity - another document on registration or assignment of a number in the register of legal entities, if this register is maintained in the country where the entity was created);
- certificate of registration with the tax authority (TIN) (for a foreign legal entity - another document on tax registration, if this type of accounting is maintained in the country where the person was created);
- a document (minutes of the general meeting of participants, decision of a participant or other document) on the appointment of a person who, on the basis of the Charter, has the right to act on behalf of a legal entity without a power of attorney, a Power of Attorney on the basis of which the representative of the Customer acts;
— extracts from the regulation on the branch / representative office, on the establishment of a separate subdivision (for separate subdivisions of legal entities - in addition to the above documents).
2.5.2. For an individual:
— a copy of the passport and identification tax number (TIN);
— the original of the power of attorney, in case the Agreement is concluded on the basis of a power of attorney.
2.6. Only in the presence of a written Agreement or upon the provision of Supporting documents, the Contractor fulfills the Customer's requests:
(1) to change the information required to identify the Registrant;
(2) to transfer domain support to another registrar;
(3) to transfer domain administration rights to another administrator;
(4) to waive administration rights (cancellation of registration).
2.7. The domain is considered registered, and the Domain Registration Service is rendered from the moment the registered domain is assigned the registered status (REGISTERED) in the Registry.
2.8. The domain registration renewal service is considered rendered at the time the registration renewal information is entered into the Registry. In this case, as a rule, domain registration is extended for 1 (one) year, from the previously established expiration date of the domain registration.
2.9.1. Under the Agreement, the Customer has the right to register any number of domains in his name.
2.9.2. The Customer confirms that at the time of each application for domain registration, according to its information, neither the registration of the domain name, nor the procedure for its use, violate the intellectual property rights of third parties.

3. PROCEDURE FOR THE PROVISION AND ACCOUNTING OF THE RENDERED SERVICES

3.1. Having chosen the type of Service, the Customer sends an application for the Services to the Contractor, in accordance with the form provided on the Contractor's website. Based on the received application, the Contractor issues an invoice to the Customer for payment of the selected Service.
3.2. Services are provided to the Customer during the term of the Agreement, subject to the presence of a positive balance on the personal account (hereinafter PM) of the Customer.
3.3. The Contractor takes into account all information about the consumed Services and the Customer's payments for drugs. Accounting is kept in rubles, according to the exchange rate published on the Contractor's website.
3.4. The Contractor provides the Customer with access to information on the Customer's LAN.
3.5. A printout of the Customer's PM serves as confirmation of the provision by the Contractor of the Services under the Contract.
3.6. In case of full exhaustion of funds for the Customer's personal account, the provision of Services to the Customer is suspended. The resumption of the provision of Services to the Customer occurs again after making an advance payment.
3.7. The Customer's requests are considered authorized (verified) and fulfilled by the Contractor if they are sent from the service area (billing account) on the Contractor's website. The Customer has access to the service area only with his login and password. The password is not known to the Contractor and only the Customer knows it, the password can be changed by the Customer on the Contractor's website at any time independently.
3.8. The contact electronic address (e-mail) is the address specified during the registration of the Customer in the registration form on the Contractor's website. Changing the contact e-mail is carried out by the Customer independently through a personal account on the Contractor's website.

4. TERMS OF PROVISION OF SERVICES "VIRTUAL SERVER (VDS)"

4.1. Within 3 (three) business days from the date of prepayment by the Customer for the Services under this Agreement, a virtual dedicated server (or VPS / VDS) will be installed and configured on a site provided with a permanent connection to the Contractor's local network and an administrative password to the server will be sent to the Customer's email address specified when ordering Services.
4.2. The cost of the Services is determined on the basis of the Tariff Plan chosen by the Customer.
4.3. The term of the Service is 1 to 24 months.
4.4. The Contractor installs on the server an operating system from among the available systems with a free license.
4.5. Installing and configuring the operating system includes the following items:
- Partitioning the hard drive into sections.
- Partition formatting.
- Installation of the operating system in the minimum amount sufficient for the functioning of the network and remote server management tools.
- Connecting to a virtual network (setting the IP address, default gateway, network mask, name server address).
— Set a password for the system administrator.
— Configuring remote server management tools. In the Windows operating system, the Remote Terminal Service is used as such, in other systems, such as Linux, FreeBSD, etc., SSH (Secure Shell) is used.
4.6. A few days before the expiration of the Service, the Contractor sends the Customer a notification at the registration e-mail address about the need to pay for the Services provided and a warning about the suspension of the Services in case of late payment. When the Customer reaches the zero balance of the personal account, the Contractor suspends servicing the Customer.
4.7. At the same time, the Contractor may save the Customer's data for a few more days, but is not obliged to do so.
4.8. Absolutely forbidden:
4.8.1 Spam resources and any activity that may lead to IP blacklisting (SpamHaus, StopForumSpam, SpamCop, Blocklist, etc.);
4.8.2 software that directly or indirectly harms the user's computer (malware, exploits, virus software, botnet controllers, port and vulnerability scanning, etc.);
4.8.3 Fraudulent content in all its manifestations, in particular carding, phishing and the like;
4.8.4 Promotion of drugs, violence, interethnic, interracial and interethnic hatred, terrorism;

5. TERMS OF PROVISION OF SERVICES "DEDICATED SERVER"

5.1. Within 5 (five) working days from the date of prepayment by the Customer for the Services under this Agreement, the server will be installed and configured on the site provided with a permanent connection to the Contractor's local network and an administrative password to the server will be sent to the Customer's email address specified when ordering the Services.
5.2. The cost of the Services is determined on the basis of the Tariff Plan chosen by the Customer.
5.3. The term of the Service is from 1 to 12 months.
5.4. The server is connected to an Ethernet switch via a Category 5 twisted-pair cable (RJ-45 connector). The server connects at a speed of 100 Mbps in the "half-duplex" or "full-duplex" modes, the connection mode is determined by the Customer, the cost of the Services is determined based on the choice made by the Customer.
5.5. The correct operation of the switch port is ensured at a peak load of no more than 70% from the set port bandwidth. As a result of the connection, no data transmission errors should be registered on the switch port provided by the Customer. A high level of errors on the switch port (more than 10% errors) is the basis for suspending the service.
5.6. In case of failure of components that are part of a dedicated server, the Contractor undertakes at its own expense to replace all failed parts with similar ones within 2 working days. If the Contractor does not have the necessary spare parts, it is possible to temporarily use more capacious / faster parts. The deadline for fulfilling obligations to provide the service is proportionally postponed for the period of repair of the dedicated server if more than 12 hours have passed from the moment the server failed to the end of the repair work.
5.7. The Contractor installs on the server an operating system from among the available systems with a free license. If the Customer requires a different operating system, then the necessary license and distribution kit of the operating system is provided by the Customer.
5.8. Installing and configuring the operating system includes the following items:
- Partitioning the hard drive into sections.
- Partition formatting.
- Installation of the operating system in the minimum amount sufficient for the functioning of the network and remote server management tools.
- Setting up a network card (setting the IP address, default gateway, network mask, name server address).
— Set a password for the system administrator.
— Configuring remote server management tools. In the Windows operating system, the Remote Terminal Service is used as such, in other systems, such as Linux, FreeBSD, etc., SSH (Secure Shell) is used.
The server is assembled and completed by the Contractor, all not specified in this application, but the necessary components of the server are chosen by him at his discretion.
5.9. A few days before the expiration of the Service, the Contractor sends the Customer a notification at the registration e-mail address about the need to pay for the Services provided and a warning about the suspension of the Services in case of late payment. When the Customer reaches the zero balance of the personal account, the Contractor suspends servicing the Customer.
5.10. At the same time, the Contractor may save the Customer's data for a few more days, but is not obliged to do so.
5.11. There is no refund for the “Dedicated Servers” service.

6. PRICE OF THE CONTRACT AND PAYMENT PROCEDURE

6.1. The cost of the Services is indicated on the page of tariffs for services.
6.2. Payment for the Services is made in the form of an advance payment to the current account, according to the invoice. Also, payment can be made by the Customer using international payment systems in real time on the Contractor's website or in another way.
6.3. Payment is made for a period calculated in months. The minimum payment period is 1 month. The subscription fee is a fixed payment and is paid by the Customer regardless of the fact of receiving the Services.
6.4. When the Customer draws up payment documents in the "Purpose of payment" section, a reference to the account number is required. In the absence of a link to the account, the Contractor does not guarantee the transfer of the received amounts to the balance of the Customer's PM, and the receipt of a payment document is not recognized as acceptance of the Agreement within the meaning of clause 9.1, and the agreement, accordingly, does not enter into force.
6.5. The fact of payment for the Services is considered confirmed, and the Customer's PM is considered replenished - after receipt of information from the bank about the transfer of funds to the account of the Contractor, subject to the conditions of clause 4.4. 7.6. The customer is solely responsible for the correctness of payments made by him. When changing the bank details of the Contractor, from the moment the new details are published on the Contractor's website and notified to the contact e-mail address (e-mail), the Customer is solely responsible for payments made using outdated details.
6.7. Refunds are made by the Contractor within 21 banking days from the date of receipt of the application in the cases specified in the contract.
The Contractor undertakes to return the unspent part of the funds for the full months of service in the following cases, if:
a) more than 60 calendar days have not passed since the date of conclusion of the contract and / or payment for the order;
b) the refund is made for the services of virtual hosting or renting a virtual dedicated server;
c) this is the only and first order of the Customer, and the Customer has not previously refused this type of service;
d) if the return is initiated by the client, the commission 10% is deducted from the total amount of the return. In the event that the Customer received gifts and bonuses along with the order, the amount equivalent to the value of the gifts and bonuses received is calculated from the amount returned.
6.8. If the domain name registration is canceled before its expiration date, as well as in the case of transferring the domain name to another person, including by a court decision, the funds for registration/renewal of the registration of such a domain name will not be returned.

7. RIGHTS AND OBLIGATIONS OF THE PARTIES

7.1. The Contractor undertakes:
7.1.1. Provide round-the-clock storage, maintenance and monitoring of the operability of the equipment on which the Customer's resources are located during the entire term of the Agreement.
7.1.2. Notify the Customer about the facts of attempts to hack the Server, if the reflection of these attempts required special actions of the Contractor.
7.2. The performer has the right:
7.2.1. Change the cost of the Services unilaterally, with the obligatory notification of the Customer about the changes made by e-mail at least 7 calendar days before they come into force. If no response is received from the Customer, the changes are considered automatically accepted by the Customer.
7.2.2. Engage third parties to fulfill its obligations under the Agreement, while remaining responsible to the Customer.
7.2.3. Temporarily terminate the provision of the Services to the Customer in the event that the prepayment for the Services is not received;
7.2.4. Refuse to provide services without a refund in the following cases:
• actions aimed at restricting or preventing other users from accessing the Services, as well as attempting unauthorized access to the Contractor's resources and other systems accessible via the Internet;
• distribution via the Internet of any information that is contrary to the requirements of Belize law or international law. Mailing is understood as mass mailing of several e-mails to multiple recipients, as well as multiple mailing to one recipient, as well as the use of details (web pages, e-mail) located on the Contractor's servers for similar mailings made through another Provider. Messages are e-mail, ICQ and other similar means of personal exchange of information;
• publication or transmission of any information or software that contains computer viruses or other components equated to them;
• actions aimed at using, sending, publishing, transmitting, reproducing, making available or distributing in any way information, software or other materials obtained through the Services, in whole or in part, protected by copyright or other rights, without the permission of the owner, as well as and send, publish, transmit or distribute in any way any component of the Services provided or works created on its basis, since the Services themselves are also subject to copyright and other rights, subject to the written request of the owner of such rights to limit the listed actions;
• in case of specifying deliberately false data of the Client or refusal to confirm them;
• in the case of payment for services with cryptocurrency, regardless of the reasons for which a refund is requested;
• in case of payment for services with discounts, regardless of the reasons for which a refund is requested;
• in case of damage to the company's reputation;
• incorrect communication with the company's employees, including the use of profanity, distribution of correspondence between employees and the customer on third-party resources, without agreement with the contractor;
7.2.5. In case of increased (excessive) needs of the Customer for hardware and other resources provided as part of the ordered service, offer the Customer a transition to another Tariff plan, and if the Customer refuses, terminate its service with the return of unused funds by the Customer in accordance with clause 6.7.
7.3. The customer undertakes:
7.3.1. Send an application for the Services on the Contractor's website from your workplace. Fill in all the proposed fields of the order form with reliable information. For the consequences arising from the incorrectness of the information entered, the Contractor is not responsible. If it is necessary to verify the identity of the Customer, provide all the data requested by the Contractor for such verification.
7.3.2. Make timely prepayment for the received Services.
7.3.3. Independently monitor the status of your drugs, and the statistics of resource consumption. If necessary, change the tariff plan in a timely manner.
7.3.4. Keep relevant financial documents confirming payment for the Services.
7.3.5. Sign acts of services rendered, works performed and send them to the Contractor within 3 (three) business days from the date of their receipt, and in case of disagreement, send the Contractor a reasoned refusal to sign the Act, while in case the Contractor does not receive the signed act or a reasoned refusal to sign Act within 5 (five) working days, it is considered that the services provided or the work performed meet the requirements of the contract and are accepted by the consumer in full, as evidenced by the act of services provided, which is signed by the Contractor.
7.3.6. Self-monitor compliance with network etiquette. For its part, the Contractor undertakes not to take any action in relation to the Customer's clients on identified violations earlier than 24 hours from the moment they were discovered.
7.3.7. When using the Services, comply with the requirements of applicable international law, including not posting illegal materials on the site, not violating copyright, related and other rights of third parties.
7.3.8. Pay for services, with a total check of more than $10,000 (ten thousand dollars) per month, 20 days before the end of the service, or notify of the refusal of the service. Otherwise, the service may be suspended.
7.3.9. Do not take actions that may adversely affect the reputation of the Contractor
7.3.10. Do not use the full or abbreviated name of the organization and the name of the Contractor's website for personal purposes and contextual advertising

8. RESPONSIBILITIES OF THE PARTIES

8.1. For non-fulfillment or improper fulfillment of obligations under the Agreement, the Contractor and the Customer bear property liability in accordance with the current legislation of Belize.
8.2. The Contractor is not responsible for the quality of public communication channels through which the Customer accesses the Services, and also does not guarantee the acceptance of the Customer's mail from remote networks, the operation of which led to the entry of the address of such a network into the lists by which the Contractor's mail delivery program does not receive mail.
8.3. The customer is fully responsible for the safety of his password and for losses that may arise due to its unauthorized use. Upon the theft of the login and password, which occurred through the fault of third parties, the Customer is obliged to send to the Contractor an application to change the login and password, with the obligatory attachment to the application of the relevant financial document confirming payment for the Services. The Contractor is not responsible for the actions of third parties that led to the theft of this or that information of the Customer.
8.4. In the event that the Customer violates the provisions of clause 5.3.6 of the Agreement and claims from third parties against the Contractor, the Contractor has the right to suspend or terminate the provision of the Services (with termination of the Contract unilaterally), and the Customer undertakes to independently resolve these claims and compensate the Contractor for the damage caused damage by these actions.
8.5. The Contractor shall not be liable for violation by the Customer of copyright, related and other rights of third parties.
8.6. The Customer fully bears the risk of the consequences of actions performed through the Contractor's web interface using the Customer's authorization data, including invoicing, changing personal settings, as well as other actions that may entail financial or technical consequences.
8.7. The Contractor is responsible for the impossibility of receiving the ordered Services by the Customer only if the impossibility of receiving them occurred due to the direct fault of the Contractor. The liability of the Contractor cannot exceed the amount equal to the cost of the Services not received by the Customer.
8.8. Except as expressly stated in the Agreement, neither the Contractor nor the Customer will transfer their rights and obligations under this Agreement without the prior written consent of the other Party.
8.9. During the term of the Agreement, the Parties undertake to restrict access to third parties without a legal basis, as well as employees and officials who do not participate in the performance of obligations under the Agreement, and to protect the confidentiality of information constituting a commercial secret and transferred to each other in the course of fulfilling obligations under the Agreement. this Agreement. Information is considered confidential and constitutes a trade secret of the Party that transferred it, if it is explicitly stated in/on it that this information is confidential. The Parties understand that the subject of the Agreement is, as a rule, the public placement of the Customer's information on the Internet and confidentiality can only be personal data of the Customer.

8.10. In case of violation of clause 8.3.8. The Contractor has the right to suspend the provision of services.

9. PROCEDURE FOR CONSIDERATION OF CLAIMS AND DISPUTES

9.1. Claims of the Customer for the Services received are accepted by the Contractor for consideration only in writing and no later than 3 working days from the date of the dispute. The term for consideration of the Customer's claims is 30 (thirty) business days.
9.2. Consideration of claims related to the provision of the Services is carried out upon presentation by the Customer of the relevant financial documents confirming the payment for the Services.
9.3. To resolve technical issues in determining the fault of the Customer as a result of his illegal actions when using the Internet, the Contractor has the right to independently engage competent organizations as experts.
9.4. Disputes arising regarding domain names are considered according to the procedure provided for by the relevant section of the current rules for domain zones published on the official website of the domain administration at its current address on the Internet.
9.5. When considering disputes, as evidence, the parties have the right to provide printed e-mails (e-mail), with saved official technical information in them (headers). If there is no service technical information (headers), such a letter is not evidence. The correctness of the headers of the e-mail can be confirmed by the Provider with which the corresponding e-mail was sent or by independent experts.

10. FORCE MAJOR

10.1. The parties are released from liability for full or partial failure to fulfill obligations under this agreement if they prove that it was the result of force majeure circumstances, namely: natural disasters, war or hostilities, damage or malfunction of communication lines, changes in legislation or others beyond the control of Parties, emergency and inevitable circumstances that occurred against their will, and provided that these circumstances directly affected the execution of the Agreement.
10.2. The Party for which it became impossible to fulfill obligations under the Agreement must immediately give a written notice to the other Party about the occurrence and termination of force majeure circumstances.
10.3. The deadlines for the fulfillment of obligations in the event of the occurrence of force majeure circumstances are postponed in proportion to the time during which such circumstances are in force. If the specified circumstances operate for more than 3 (three) consecutive months, this Agreement may be terminated at the initiative of one of the Parties by sending a notice to the other Party, while neither Party has the right to demand damages from the other Party.
10.4. The presence of force majeure circumstances is confirmed by the official conclusion of the authorized body of Belize.

11. VALIDITY AND PROCEDURE FOR TERMINATION OF THE PUBLIC CONTRACT

11.1. The contract comes into force from the moment of receipt of the first prepayment to the account of the Contractor and is valid for 365 days. If none of the Parties notifies the other Party of the desire to terminate or revise the Agreement 10 calendar days before the expiration of the Agreement, its validity is considered extended for the same period.
11.2. The Agreement may be terminated by agreement of the Parties.
11.3. In case of violation of the terms of the Agreement by one of the Parties, the other Party has the right to unilaterally terminate the Agreement, of which it notifies the Party that violated the terms of the Agreement in writing, no refund is made in this case.
11.4. The Customer has the right to unilaterally refuse the Services of the Contractor at any time. In this case, the Customer is obliged to notify the Contractor of the desire to terminate the Agreement 30 calendar days before the date of termination of the Agreement and pay off the financial debt, if any.
11.5. In case of early termination of the provision of the Services, the Customer shall be refunded unspent funds for a full month of service in accordance with clause 7.7.
11.6. Upon termination of the Agreement or termination of its validity period, all electronically available information of the Customer from the Contractor is deleted within one working day from the date of termination (end) of the Agreement.