Public offer for domains registration
PUBLIC OFFER
The present agreement has a nature of a public offer equals to “verbal agreement” and has appropriate legal effect according to current legislation of Ukraine.
GENERAL PROVISIONS
1.1. According to the Offer the Registrar undertakes to render services on delegation and registration of a domain name to the Registrant, and the Registrant undertakes to accept and pay for these services
1.2. Upon execution and interpreting of this Offer, the Parties undertake to be guided steadily by the current legislation of Ukraine and Policy of domain .UA and public subdomains .UA.
1.3. The date of the beginning the domain registration is considered the date of receipt of the advance payment on the Registrar’s bank account.
1.4. The date of the domain name delegation is considered the date of actual delegation according to data from domain names system .UA.
RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. According to this Offer, the Registrar undertakes to:
2.1.1. Delegate domain names at an appropriate domain, in compliance with this domain’s regulations and in the presence of all necessary documents;
2.1.2. Give technical and advisory support on concerned with delegation and functioning of the domain name system;
2.1.3. Not later than 10 (ten) days before termination of the domain name registration offer to extend domain name registration to the Registrant for one more year.
2.1.4. Save all information and documents given by the Registrant for the purpose of domain names delegation, in corpora, during the period fixed by offer between Registrar and Registrant;
2.1.5. Save all data about operations under domain name registry during the period fixed by offer between Registrar and Registrant;
2.1.6. On cancellation of the present Offer on request of the Registrar, secure transfer of the delegated to the Registrant domain name to another Registrar services without cancellation of such domain name delegation in the absence of debts to the Registrar.
2.2. According to the present Offer, the Registrant undertakes:
2.2.1. Familiarize himself with the Regulation, what determines the system of the mutual relations and procedures of the domain name delegation and administration prescribed by the admin of domain .UA and subdomains .UA (.UA, .COM.UA.), and accept it.
2.2.2. For the purpose of domain name delegation, give complete, true, and accurate information about himself, particularly contact information, to the Registrar, inform about any changes of this information in proper time for the purpose of its completeness, verify and accuracy preservation during all time of domain name delegation.
2.2.3. Pay for the services of the Registrar in time and in full, on terms provided in paragraph 3 of the present Offer.
2.2.4. Confirm by the present Offer, that, as far as is known to the Registrant, neither domain name delegation to him, nor a way of direct or indirect use of this domain name violate any legal rights and interests of the third parties, including intellectual property rights.
2.2.5. Inform by the present Offer of the fact, that he’s aware and understand purpose of gathering, preservation and publication of the information provided by him to the Registrar and necessary to ensure process of the domain name delegation, as well as of the fact, that he knows and agrees, that actual state of such information will be publicly accessible in real time via WHOIS or similar service.
2.3. According to the present Offer, the Registrar has a right to:
2.3.1. In case of the Registrant default on this Offer, demand elimination of the breaches of the Registrant on fixed by the Registrar time in writing.
2.3.2. Demand written notification of intention to dissolve an agreement not later, than 10 days prior to cancellation.
PAYMENT TERMS
3.1. Registrar’s service payment is realized by bank transfer of the amount to the settlement account of the Registrar during three bank days from the date of billing.
3.2. Registrant pays the services of the Registrar stipulated by the price-list published at http://domains.gradsoft.com.ua/ and that is valid at the moment of acceptance of the Offer.
RESPONSIBILITY OF THE PARTIES
4.1. The Parties bear the responsibility stipulated by the current legislation of Ukraine and the Offer for default (incomplete performance) obligations under this Offer.
4.2. In any conditions, the Registrar does not bear the responsibility for actions of the Registrant connected to domain name delegation if such actions break rights and legitimate interests of the third parties.
4.3. In any conditions, the Registrar does not bear the responsibility for possible infringements of the rights and legitimate interests of the third parties in consequence of domain name delegation and/or accommodation of the information about the Registrant, registrants and domain names in Registration base of the .UA domain.
4.4. Registrar does not bear the responsibility for domain registration by another subject from the moment of the Offer acceptance to the moment of an amount income to the settlement account of the Registrar.
FORCE-MAJEUR
5.1. In case of force-majeure circumstances occurrence (action of force majeure, not dependent on will of the Parties), including actions of the state bodies of Ukraine which make impossible performance of the obligations under this Offer by the Parties, fires, flooding, other acts of nature, the Parties are released from performance of the obligations under this Contract for the period of action of the specified circumstances. In case if an action of the specified circumstances proceeds more than 30 calendar days, each of the Parties has the right to terminate this Offer and does not bear the responsibility for such cancellation of the contract, if notifies another party not later than 15 days prior to cancellation. The sufficient proof of force-majeure circumstances action is the document issued by Chamber of Commerce and Industry of Ukraine. An occurrence of the specified circumstances is not the reason for Registrant’s refusal in compensation of expenses of the Registrar connected to the performance of the obligations under this Contract by him before force-majeure circumstances occurrence.
PRIVACY POLICY
6.1. All information given by the Registrant for the purpose of domain names delegation is public and can be given to the third parties and is publicly accessible in real time via public service
6.2. Commercial information and additional data about Registrant given in connection with performance this Offer is confidential and can be given the third parties only according to court’s decision.
6.3. The Registrar can use address and e-mail for sending service information, namely news about changes in tariffs, the condition of Offer or new services. But the recipient of information can refuse to receive such e-mails in future.
MOMENT OF SIGNING OF THE CONTRACT. CONTRACT VALIDITY AND CANCELLATION TERMS
7.1. The present Offer comes into force from the moment of acceptance and is valid during one calendar year. At the expiration of the Offer validity period Registrant has the right to accept this Offer with “Grad-Soft” or make a contract with another registrar without cancellation of the domain name delegation.
7.2. This Offer can be terminated ahead of schedule by agreement of the Parties, as well as judicially under the claim of one of the Parties in case of default (inappropriate performance) of obligations under this Offer by other Party.
7.3. Default of the terms stipulated by item 2.2.2. of the present Offer by Registrant is a rough violation of the essential treaty provisions and is the reason for cancellation of the Offer under the initiative of the Registrar and cancellation of the domain name delegation to the Registrant by the public domain administrator.
RESOLUTION OF DISPUTES
8.1 . The disputes between the Parties arising in connection with performance, action and/or interpretation of this Offer, are subject to the sanction according to the order stipulated by section 9 of Rules of the domain .UA