IGeneral provisions. Subject of the Agreement

1.1. As part of the Services ordered and paid for by the Subscriber, the Contractor provides the Subscriber with:

• 1.1.1. A service for providing access to the SaaS BooStore platform for posting information;
• 1.1.2. Consultations required to use the Services.

IIPersonal data. General provisions

2.1. By concluding the Agreement, the Subscriber confirms that he is fully familiar with and agrees to its terms, and also, if the Subscriber is an individual, gives permission to the Contractor to process his personal data. Detailed conditions for handling the Subscriber’s personal data are regulated by the Privacy Policy, which is an Appendix to this Agreement.

2.2. The purpose of processing the Subscriber’s personal data is the ability of the Contractor to provide the Services to the Subscriber, carry out mutual settlements, receive invoices, acts and other documents, detect and prevent fraudulent or other illegal actions, as well as solve problems and improve security, eliminate technical problems, protect against threats of damage to the Contractor or its clients in accordance with the law, and other purposes determined by the Privacy Policy.

2.3. By concluding the Agreement, the Subscriber confirms that he is actually familiar (without additional notice) with the provisions of the Law of Ukraine «On the Protection of Personal Data», with the purposes of processing personal data that he and third parties transfer to the Contractor.

2.4. The Subscriber’s permission to process his personal data is valid for the entire duration of the Agreement, as well as for the next 5 (five) years after its expiration.

2.5. The removal of personal data is carried out by the Contractor at the request of the Subscriber and is the basis for termination of the Agreement. The deletion of personal data occurs on the terms and in the manner established by the Privacy Policy.

2.6. In the case of providing domain name registration services under the Agreement, the data specified in clause 3.2.2 of the Agreement are binding on the Registrar. If the provision of the Services under the Agreement provides for the use of additional information, the Registrar may require the Registrant to provide such information. The Registrant provides any additional personal information at its discretion.

2.7. The personal data provided by the Subscriber will be available to the employees and contractors of the Contractor.

2.8. By entering into this Agreement, the Subscriber agrees that the Contractor has the right to provide access to and transfer the Subscriber’s personal data to third parties without changing the purpose of processing personal data (for example, when registering a domain name or renewing registration), and that he is duly notified of each case of providing personal data to third parties within the scope of the purpose specified in clause 2.2 of the Agreement. In the event of a change in the purpose for which the Subscriber’s personal data is transferred to third parties, the Contractor notifies the Subscriber of the new purpose of processing personal data by sending an email to the email address provided by the Subscriber.

2.9. In order to provide domain name registration services under the Agreement, including in the cases stipulated by the Regulations of the respective domain zones, the Registrant’s personal data provided by him may be transferred to the Registry Operators of these domain zones, users of WHOIS, RDAP, ICANN services, escrow agents, as well as the registrar that ICANN may appoint to transfer the domain.

2.10. The Contractor guarantees that it will not use the Subscriber’s personal data for any other purpose other than the purposes specified in clause 2.2 of the Agreement, without proper notification of the Subscriber.

2.11. The Subscriber initiates a change in the personal data provided by him in cases provided for by law or this Agreement.

2.12. Personal data provided by the Subscriber is personal and confidential information within the meaning of the Privacy Policy, which is an integral part of the Agreement.

2.13. The procedure for the Contractor providing the Subscriber’s personal information to third parties, as well as guarantees for the protection of such information, are specified in the Privacy Policy, which is an integral part of the Agreement.

IIIRights and obligations of the parties

3.1. Obligations of the Contractor

• 3.1.1. Provide a WEB interface for registering the Subscriber, process the data entered by the Subscriber and create a unique account based on the entered data, as well as provide the necessary parameters for accessing services in the Service Control Panel.
• 3.1.2. Provide the Services in accordance with the amount of the subscription fee paid in accordance with Section IV of this Agreement.
• 3.1.3. Publish official messages related to servicing Subscribers and changing tariffs for payment on the Contractor’s Website.
• 3.1.4. Comply with court decisions that have entered into legal force regarding the provision of all or part of the Services to the Subscriber, and in the case of providing the Subscriber with domain name registration services — decisions of the bodies authorized to consider disputes regarding the registration and use of domain names under UDRP procedures approved on the basis of ICANN Procedures.

3.2. Obligations of the Subscriber

• 3.2.1. Provide complete, truthful, reliable, correct and accurate information about yourself, as well as your contact information in the amount necessary for the provision of the Services by the Contractor.
• 3.2.2. In case of providing the Subscriber with domain name registration services — timely provide the Contractor with the following reliable and up-to-date information regarding each domain name, namely: full name (for a legal entity — the name of the legal entity), e-mail address, postal address and phone number of the Registrant, authorized contact person (if the domain Registrant is a legal entity).
• 3.2.3. Independently establish and change all passwords and other data providing access to the Services, including those provided by the Contractor, and be fully responsible for their safety.
• 3.2.4. Maintain the accuracy, relevance and reliability of personal data about yourself and inform the Contractor about changes in the Subscriber’s personal data within 72 hours from the moment such data changed.
• 3.2.5. Provide a response to the Contractor’s requests to confirm the relevance of the personal information provided by the Subscriber within 24 hours from the moment of sending such a request to the Subscriber.
• 3.2.6. At the request of the Contractor, provide copies of the passport or other identity documents, including those certified by the electronic digital signature of the Subscriber, or verify your identity using the BankID system or other service or tool.
• 3.2.7. Timely and in full pay for the Services in accordance with the selected tariff plan of the Contractor. The Subscriber undertakes to independently familiarize himself with the information about the terms of service and tariffs on the Contractor’s Website.
• 3.2.8. Provide a response to the administrative appeal or notification of the Contractor within 24 hours from the moment of sending such appeal or notification to the Subscriber.
• 3.2.9. Observe and ensure compliance with all the requirements stipulated by the Terms of Service, do not post inappropriate materials and information on their websites, do not use the Services for the sale, distribution and placement of goods, works, services, the circulation of which is prohibited or restricted.
• 3.2.10. Do not place on the Contractor’s servers state information resources, as well as domain names that serve state information resources, and information resources of local self-government bodies, in order to comply with the requirements of the Law of Ukraine «On Information Protection in Information and Telecommunication Systems».
• 3.2.11. A Subscriber who is a Registrant of a second-level domain name in the .ua domain zone is additionally obliged to comply with the terms of the Unified Dispute Resolution Policy in the field of domain names in the .UA domain, the Rules of the Uniform Dispute Resolution Policy in the field of domain names in the .UA domain, the Additional Rules of the Uniform Dispute Resolution Policy in the field of domain names in the .UA domain of the World Intellectual Property Organization.

3.3. Rights of the Contractor

3.3.1. Temporarily or completely terminate the provision of the Services to the Subscriber and demand written explanations from the Subscriber in the following cases:

• 3.3.1.1. Failure to receive timely payment for the Services.
• 3.3.1.2. Provision by the Subscriber of unreliable or inaccurate contact information or failure to provide such information at the request of the Contractor.
• 3.3.1.3. No response from the Subscriber to the Contractor’s request for verification of the Subscriber within 24 (twenty-four) hours from the moment of sending such a request to the Subscriber via e-mail notification to the Subscriber’s current email address, or sending a message through one of the services: SMS, Telegram, Viber.
• 3.3.1.4. Failure to respond to the Contractor’s administrative request within 24 hours from the moment of sending such an appeal to the Subscriber by one of the means specified in clauses 3.3.1.3 of the Agreement.
• 3.3.1.5. Taking actions or inaction aimed at restricting or preventing other users from accessing the Services provided by the Contractor, as well as making attempts of unauthorized access to the Contractor’s resources and to other systems accessible via the Internet.
• 3.3.1.6. Sending or transmitting via the Internet any information that contradicts the requirements of the legislation of Ukraine or the norms of international law contained in international treaties and conventions to which Ukraine is a party.
• 3.3.1.7. Taking actions aimed at sending, publishing, transmitting, reproducing, providing or in any way using for commercial purposes information, software or other materials obtained in whole or in part through the Services (unless this is expressly permitted by the owner of such information), subject to a written request from the owner of such information to restrict the listed actions.
• 3.3.1.8. Taking actions aimed at sending, publishing, transmitting, reproducing or distributing in any way software or other materials obtained through the Services, in whole or in part protected by copyright or other intellectual property rights, without the permission of the owner, subject to a written request from the owner of such rights to restrict the listed actions.
• 3.3.1.9. Publication and transmission via the Internet of any information that contradicts the current Ukrainian legislation or international treaties and conventions to which Ukraine is a party. In particular, this applies to materials of a pornographic nature and other materials, the placement of which is contrary to the legislation of Ukraine.
• 3.3.1.10. Placement on the virtual hosting servers of the Contractor of software (binary code, scripts, etc.) that acts as a server or an independent service.
• 3.3.1.11. Failure to comply with the requirements provided for by the Terms of Service, or posting materials prohibited by these Terms.
• 3.3.1.12. Placing state information resources on the Contractor’s servers, as well as domain names that serve state information resources.

3.3.2. Temporary termination of the provision of Services by the Contractor means that the Contractor has the right to temporarily block access to the Subscriber’s Service Control Panel and/or block partially or completely the provided Services.

3.3.3. The Contractor has the right to terminate the contractual relationship with the Subscriber unilaterally, with the simultaneous sending of a written electronic notification, if the Subscriber violates his obligations under this Agreement. The date of sending the corresponding notification to the Subscriber is considered the moment of termination of the contract and termination of service.

3.3.4. In case of increased (above-standard) needs of the Subscriber for hardware and other provided resources beyond the limits of the ordered Services or in case of violation of the Terms of Service, the Contractor reserves the right to technically limit the amount of provided resources to standard (paid) or offer the Subscriber a transition to another tariff plan, and in case of the Subscriber’s refusal — to terminate his service with the return of the funds unused by the Subscriber.

3.4. Subscriber’s rights

• 3.4.1. Require the Contractor to provide the Services in accordance with the terms of this Agreement.
• 3.4.2. Receive information from the Contractor about services and additional paid services.
• 3.4.3. Contact the Contractor with complaints and suggestions for improving the quality of services.

IVCost of services and payment procedure

4.1. The cost of services is formed in the «Calculator»: https://boostore.pro/pay_hosting.html?PAYMENT_FORM

4.2. The Contractor has the right to unilaterally revise the prices for the Services. The Contractor notifies the Subscriber about the introduction of new prices by publishing a message about this on the Contractor’s Website. New prices come into force from the date of publication on the Contractor’s Website. In case of price changes, the payment for the Services is not recalculated.

4.3. Services are considered paid from the moment the funds are received by the Contractor and the application is processed. Application processing time can take up to 72 hours.

4.4. The Contractor has the right, at its choice, to refuse to provide services to the Subscriber or to restrict him in some tools for paying for the Services in cases of receipt by the Contractor from a banking institution or payment system of requests (complaints, demands, claims) to return payment for the Services in favor of the Subscriber — the payer.

VSpecial conditions and liability of the parties

5.1. The Contractor does not guarantee the absolute uninterrupted or error-free operation of the Services and does not guarantee that the offered software or any other materials do not contain system errors. The Contractor takes all reasonable efforts and measures to prevent this.

5.2. The Contractor is not responsible for direct or indirect damage caused to the Subscriber as a result of using or inability to use the Services, or incurred as a result of errors, failures, unavailability of the Services, DDoS and other attacks on the server or in the network of the Subscriber or the Contractor, deletion of files, defects, delays in operation or transmission of data, or changes in functions and other reasons. The Contractor does not guarantee the acceptance of the Subscriber’s mail from remote networks, the functioning of which led to the inclusion of the address of such a network in the lists for which the Contractor’s mail delivery program does not receive mail.

5.3. The amount of the Contractor’s liability to the Subscriber is limited and cannot exceed the cost of the services actually consumed by this Subscriber over the last six months.

5.3.1. The Contractor is not responsible for actions, inaction, third-party services or failures on the part of third parties, banking and financial institutions, payment systems.

5.4. The Subscriber assumes full responsibility for all risks associated with the use of the Services provided. In particular, the Subscriber undertakes to reimburse the Contractor in full for all losses caused to the Contractor as a result of the Subscriber’s violation of the terms of this Agreement and the Rules for the provision of services, as well as to reimburse other expenses incurred by the Contractor as a result of such violations (in particular, the costs of legal assistance if the court establishes the fact of the Subscriber’s violation of the current legislation or the rights or legitimate interests of third parties).

5.4.1. The Subscriber bears full responsibility for damage caused by his unlawful use of the Services to third parties in case of violation of the rights of these third parties.

5.5. The Subscriber is fully responsible for the safety of his password and for losses that may arise due to unauthorized use of it by third parties.

5.6. The Contractor is not a proper respondent or co-respondent for any obligations, claims of third parties and expenses related to violation by the Subscriber (or other persons using his name and password) of the terms of this Agreement or legal requirements.

5.7. The Contractor considers legitimate requests of the Subscriber regarding the Services provided to him, sent only from the contact e-mail of the Subscriber or from the service area of the Service Control Panel after successful authorization.

5.8. The Registrar and the Registry Operator are not responsible for the consequences of the use, non-use or misuse of domain names that are registered with their help, as well as for the content of any materials on the sites published under such domain names or hosted on the servers of the Registrar. The Registrar and the Registry Operator may not be involved in domain name litigation as a Respondent.

5.9. The Contractor performs exclusively technical functions and does not acquire any rights to the corresponding domain names and websites, and is not responsible for the placement or non-placement by the Subscriber of any materials on their websites and for their content.

5.10. The Subscriber is responsible for settling any disputes related to the provision of the Services to him and undertakes to protect the Contractor from any complaints, claims and lawsuits from third parties arising in connection with the provision of the Services to him. The Subscriber undertakes to compensate the Contractor for all expenses incurred by him (including legal costs) related to the consideration of any disputes, claims, complaints, lawsuits from third parties related to the provision of the Services to the Subscriber, as well as to compensate the damage caused to the Contractor.

5.11. The Subscriber agrees to receive notifications regarding the provision of the Services by e-mail and through short message services (SMS, Viber, Telegram and others).

5.12. The parties agreed to consider the following methods as the proper expression of their will when concluding this Agreement:

• the Subscriber places a mark of consent to the Agreement on the Contractor’s Website;
• signing of this Agreement by the Parties in electronic form by affixing an electronic digital signature (EDS) on the Agreement.

The indicated methods of concluding this Agreement have the same legal force as the handwritten signature of the authorized representatives of the Parties on a written document.

5.13. The Contractor does not reimburse the paid funds to the Subscriber (including in connection with the formation of individual prices for the Subscriber, depending on the selected services and the payment period).

5.14. The parties agreed that the signing of invoices, acts of work performed, changes and additions to this Agreement may be carried out:

• by placing a mark by the Subscriber about consent to this on the Contractor’s Website;
• using an electronic digital signature (EDS);
• identification of the will of the Parties using other legal technical (electronic) means implemented by the Contractor.

5.15. This Agreement is not a significant transaction for the Contractor within the meaning of the Law of Ukraine «On Limited and Additional Liability Companies».

5.18. Under no circumstances shall the Contractor be liable to the Subscriber for any indirect, incidental, consequential, special or indirect damages, lost profits, loss of data, income, reputation or other damage arising in connection with the use or inability to use the Services, even if the Contractor was warned of the possibility of their occurrence. The total liability of the Contractor under this Agreement is in any case limited to the amount specified in clause 5.3 of the Agreement. The Subscriber independently and in full bears responsibility for the content, legality and reliability of the materials posted by him, as well as for compliance with the requirements of the law when using the Services.

VIForce majeure

6.1. Neither Party shall be liable for non-fulfillment or improper fulfillment of this Agreement if this is caused by force majeure circumstances (or «force majeure») that the Parties could not have known in advance and/or other unforeseen circumstances that prevent the fulfillment of contractual obligations and occur regardless of the will and desire of the Parties. Force majeure circumstances include (but are not limited to): fire, flood, earthquake, tsunami, tornado, hurricane, typhoon, landslides, mudflows, avalanches, volcanic eruptions and other natural disasters, wars, revolutions, coups d’état, strikes, sabotage and terrorist acts, robberies, accidents in the power supply and communication system, changes in legislation, actions of state bodies and their officials, if these circumstances directly affect the implementation of this Agreement, and their occurrence is certified (confirmed) by a body authorized in accordance with the legislation to certify force majeure circumstances. Unforeseen circumstances preventing the fulfillment of contractual obligations include (but are not limited to): the seizure of the Contractor’s servers on the basis of a relevant court decision, accident, illegal actions of third parties, explosion, and the like.

6.2. The Party that became aware of the occurrence of such circumstances notifies the other Party about this no later than fifteen calendar days from the date of occurrence of such circumstances.

6.3. In the event of force majeure circumstances, the deadline for fulfilling obligations under this Agreement is postponed for the period during which such circumstances and their consequences are valid.