PUBLIC OFFER AGREEMENT AND TERMS OF USE OF THE SITE
Thank you for your interest in our services. Please read the following provisions of the Public Offer Agreement of the staycloud.kz website: GENERAL PROVISIONS 1.1. This agreement is a public offer for the provision of web hosting services (hereinafter referred to as the "Services") and determines the procedure for the provision of Services by the Executor to the Customer. This agreement is considered a public offer in accordance with Article 395 of the Civil Code of the Republic of Kazakhstan. The acceptance of the terms of the agreement will be considered complete and unconditional once the Customer registers on the Executor's website. 1.2. Executor, company: Cloudhost Limited Liability Partnership, registered in accordance with the legislation of the Republic of Kazakhstan, registration address: Kazakhstan, Almaty city, Almaly district, Dzhumaliev K street, building 159, apt. 31, postal code 050008, BIN 230340001065. 1.3. Customer, client: an individual who accepts the terms of this agreement and uses the Executor's Services. 1.4. Services are provided by the Executor on the basis of Customer’s registration in an account on the staycloud.kz website and the Customer's application, which is submitted by filling out a form on the Executor's website and is an integral part of this agreement. 1.4.1. Each user who registers on the site receives his personal account. The account contains the user's personal data, order history, payment data and other information. To register an account, the user must be at least 18 years of age and have the right to enter into legally binding contracts in accordance with the laws of the country where he lives. When registering an account, the user is required to provide authentic information, including his full name, email address and phone number. Users from any of the countries which are included in the FATF (The Financial Action Task Force) list are not permitted to access the website. 1.4.2. The Client is obliged to keep his data for accessing the account in secret and not to disclose them to third parties. 1.4.3. If the loss, theft, or misuse of the user's login and password occurs due to reasons beyond the Executor's control, the Executor shall not be held responsible for such incidents. 1.4.4. The Client is obliged to inform the company about changes in his personal data, including the email address and phone number specified during registration. 1.4.5. The Executor reserves the right to block the client's account if violations of the Terms of Use of the site are found. 1.4.6. The Client can request the deletion of his account by sending a written request to the e-mail indicated on the company's website. Account deletion is made within 14 working days from the receipt of the request. 1.4.7. The Company reserves the right to change the terms of use of the Client's account. Customers will be notified of changes via email or on the company's website. SUBJECT OF THE AGREEMENT 2.1. The Executor undertakes to provide the Customer with Services for the provision of web hosting services. 2.2. Services are provided in accordance with the tariff plan chosen by the Customer when making a purchase request. 2.3. The Executor reserves the right to change the tariffs for the Services and the terms of this agreement. Information about changes in tariffs and the terms of this agreement will be published on the Executor's website and / or sent to the Client by e-mail provided by him during registration. 2.4. The Customer has the right to terminate this agreement at any time, and it is necessary to pay all obligations on previous payments. TERMS OF USE OF SERVICE 3.1. The Executor undertakes to provide the Customer with services in accordance with the selected tariff plan. 3.2. Tariff plans and terms of their use 3.2.1. This offer contains information about the tariff plans offered by the Contractor for the provision of services indicated on the site https://staycloud.kz/rus/tarify. 3.2.2. The Contractor's tariff plans are presented in the table posted on the website https://staycloud.kz/rus/tarify. 3.2.3. The cost of each tariff plan depends on the period of use and the number of services used, indicated in the table on the site https://staycloud.kz/rus/tarify. 3.2.4. The Client has the right to choose any of the proposed tariff plans indicated on the site https://staycloud.kz/rus/tarify, depending on their needs and capabilities. 3.2.5. The Executor has the right to change the terms of tariff plans and the cost of services offered under these tariff plans by posting updated information on its website or notifying users by e-mail. 3.2.6. The User agrees with the terms of the selected tariff plan, as well as with the changes made to the terms of the tariff plans by the Contractor in accordance with clause 3.2.5 of this agreement. 3.3. The Customer undertakes to pay for the services and not violate the terms of this Agreement and the laws of the Republic of Kazakhstan and other countries, if applicable. 3.4. Our hosting plans are designed to store and maintain websites, applications and other online services. Our hosting services are for lawful purposes only. It is prohibited to use our services to distribute illegal content, including, but not limited to, infringing materials, hacks and viruses. 3.5. Customers are responsible for the content posted on their sites. We reserve the right to refuse or suspend our services if Customers violate our terms of use. 3.6. You may not use our services to send spam or bulk emails without the consent of the recipients. If customers are seen for such behavior, we reserve the right to refuse service. RIGHTS AND OBLIGATIONS OF THE PARTIES 4.1. Rights of the Customer (user):
Receive a high-quality web hosting service in accordance with the conditions specified in the public offer agreement.
Receive information about the status of the provided web hosting service and its changes.
Protect your rights in accordance with the legislation of the Republic of Kazakhstan.
4.2. Obligations of the Customer (user):
Pay for the web hosting service in accordance with the conditions specified in the public offer agreement.
Provide accurate information when registering on the site and using the web hosting service.
Comply with the terms of the public offer agreement and not violate the rights of third parties when using the web hosting service.
Ensure the safety of your credentials and not disclose them to third parties.
4.3. Rights of the Executor (staycloud.kz):
Receive payment for the provided web hosting service in accordance with the conditions specified in the public offer agreement.
Terminate the provision of web hosting services in the event that the customer fails to pay for the service or violates the terms of the public offer agreement.
Require the customer to comply with the terms of the public offer agreement and protect their rights in accordance with the legislation of the Republic of Kazakhstan.
Change the terms of tariff plans and the cost of services offered under these tariff plans by posting updated information on its website or notifying Clients by e-mail.
4.4. Obligations of the Executor (staycloud.kz):
Provide the Customer with access to hosting in accordance with the conditions specified in the contract.
Ensure the security and protection of Customer data provided by them for storage on the hosting server, in accordance with the legislation on the protection of personal data.
Provide technical support to the Customer and ensure the operability of the hosting servers, as well as timely eliminate possible failures.
DATA PROTECTION 5.1. We do our best to keep our users' data secure, including regular backups and hack protection. However, we are not responsible for any data loss caused by user actions or external factors. PRICING 6.1. The pricing on our website is set in accordance with the principles of transparency and fairness. All prices for services are indicated in a clear and understandable way, without hidden fees and additional payments. 6.2. The tariff plan is a set of services provided to the Client at a fixed price. The price for the tariff plan depends on the scope of services provided and may vary depending on the needs and capabilities of the Clients. https://staycloud.kz/eng/tarify offers hosting plans for a fixed period of time that the Client chooses upon purchase (monthly subscription, 6-month subscription, annual subscription). Customer may cancel their subscription plans at any time in accordance with our Cancellation Policy. 6.3. The Client is obliged to pay all commissions and fees that the payment provider may require. PAYMENT 7.1. The Client undertakes to pay for the services specified in the tariff plan chosen by him. The cost of the service is determined in accordance with the tariff plan and can be changed by the Executor unilaterally. 7.2. Payment is made in Kazakhstani tenge or US dollars by VISA, Mastercard credit/debit card through the payment systems indicated on the staycloud.kz website. 7.3. The client can top up his account at any time by making a manual top up. With this option, you can top up your account with enough money to cover your plan up to the monthly debit date to ensure uninterrupted service. In such a case, automatic renewal of the Services will apply. You can top up your account with a credit/debit card or a VISA/Mastercard. 7.3. Customer agrees that your payment method will be processed by our third-party payment processor provider. 7.4. The client undertakes to use only his own credit/debit card to make payments on our website. Using someone else's card is a violation of the terms of use of the site and may entail legal liability. In addition, the client does not have the right to transfer his credit/debit card details to third parties for making payments. In case of detecting suspicious transactions using someone else's card or client data, we reserve the right to block the account and contact the client to clarify the circumstances. 7.5. Payment procedure: Go to the site page https://staycloud.kz/ and choose the tariff plan that suits you by clicking on the "Go" button. Fill in the required data to enter your account, namely e-mail and password. If you are not registered, then fill in the required data to register an account, namely First Name, Last Name, Country, City, Phone Number, E-mail, Address and create a password. Please ensure that all of the information you have entered is accurate before clicking on the "Register" button. After logging into your account, you will see the "Add to Cart" button on the page with the selected tariff plan. Click on it. Enter your bank card details for payment. The website staycloud.kz accepts Visa and Mastercard. Please ensure that all of the information you have entered is accurate before clicking on the "Pay" button. After the payment is successfully processed, you will receive a confirmation of payment and access to your hosting account to the e-mail address specified during registration. If you have any questions or problems with payment, please contact staycloud.kz support for assistance. CANCELLATION AND REFUND POLICY 8.1. You may terminate your subscription at any time by notifying us by email 10 business days prior to your desired cancellation date. The cancellation request is subject to verification of ownership of the account. In the event of such cancellation, you must pay all prices and charges for the services used that accrued prior to the effective date of such cancellation. Please note that in case of cancellation, the Client can only receive a refund of part of the subscription cost corresponding to the unused period. 8.2. The Client has the right to cancel the 6- and 12-month subscriptions at any time before the expiration of the subscription. In this case, the user can receive a full refund of the amount paid for unused periods, except in cases where the subscription was purchased at a discount or as part of a special offer. In such cases, only a part of the subscription cost corresponding to the unused period may be refunded. To cancel 6- and 12-month subscriptions, the Client must send a request to the e-mail specified on the company's website. In the request, you must specify data confirming the purchase of a subscription. Cancellation of a subscription may take up to 10 business days to be processed. After processing the request to cancel the subscription, the user will receive confirmation of the cancellation of the subscription and a possible refund. 8.2. The return of the order is possible if the Services were not provided to the Client due to a failure of the payment system, or any technical failure, which does not allow the Contractor to deliver the order as soon as possible, which leads to the client's unwillingness to wait any longer. In this case, staycloud.kz reserves the right to refund the full amount to the Client. 8.3. The Contractor does not provide the possibility of returning the amount paid for the services purchased on the site, in the case when the services were used in full. CHANGES 9.1. We reserve the right to change our Public Offer Agreement at any time without prior notice. Users are bound by the current Agreement and any additional rules posted on our site. Violation of these rules may result in the suspension or cancellation of the user's account. LIMITATION OF LIABILITY 10.1. The Executor is not responsible for any losses, direct or indirect, related to the use of the site by the Client or third parties. The Executor is also not responsible for any problems associated with incorrect operation of equipment, software, communication networks and technical failures that may affect the availability of the site. 10.2. All information and services provided on the site are provided "as is" without warranties of any kind, either express or implied, including but not limited to warranties of quality, fitness for a particular purpose, or non-infringement. APPLICABLE LAW 11.1. This agreement and all disputes and claims arising from it are governed and interpreted in accordance with the legislation of the Republic of Kazakhstan. 11.2. In the event of any disagreements or disputes between the parties related to this agreement, the parties undertake to make every effort to resolve them through negotiations and consultations. 11.3. If disagreements or disputes cannot be resolved through negotiations and consultations, they will be referred to the court authorized to handle such disputes in accordance with the legislation of the Republic of Kazakhstan. 11.4. If any provision of this agreement is inconsistent or invalid in accordance with the laws of the Republic of Kazakhstan, then such provision will be applied to the maximum possible extent, and all other provisions of the agreement will remain in force. CUSTOMER SUPPORT Our customer support team is available 24/7 to assist users with technical issues and questions. However, we cannot provide assistance with creating websites or customizing applications outside of the scope of our support team.
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