Public offer
Public offer [v2 04/2024]
LLP "Apply" provides its services on the basis of a public offer agreement. This means that to conclude an agreement, you do not need to sign it, it is enough to express your consent to the terms of the offer by checking the appropriate box during registration.
Legal entities can conclude an agreement in writing. Its text is identical to the text of the offer - you only need to enter your data in the billing panel.
Offer agreement for individuals, legal entities and sole proprietors (Terms of provision of hosting services on a prepaid basis)
Limited Liability Partnership "Apply", hereinafter referred to as the "Contractor", represented by Director Vasin Andrey Vladimirovich, acting on the basis of the Charter, publishes these Terms, which are a public offer (proposal) for the provision of hosting services and other related services.
1. General Provisions
1.1. These Terms, in accordance with Article 395 of the Civil Code of the Republic of Kazakhstan, are a public offer (proposal) of the Contractor to individuals, legal entities and individual entrepreneurs, containing the essential terms of the agreement for the provision and use of Services.
1.2. Any actions to fulfill the conditions specified in this offer, including registration as a Client of the Contractor, payment for Services in any way provided for by this offer, as well as other similar actions confirming the person's intention to use the Services, are full and unconditional acceptance of this offer.
1.3. From the moment of acceptance, the Client is considered to have read and agreed to this offer and, in accordance with the Civil Code of the Republic of Kazakhstan, is considered to have entered into contractual relations with the Contractor in accordance with these Terms.
1.4. The Contractor's obligations are limited by the terms of this offer, in particular, the Contractor's obligations do not include providing the Client with services for access to the Internet. The Client shall provide access to the Internet at his own expense. Also, the Contractor does not provide the ability to receive and transmit electronic messages by the Client at the Contractor's office; configure and / or diagnose computer equipment and software, as well as train the Client and / or the Client's employees in the skills of working with software and hardware.
2. Concepts and definitions used in the Terms
The concepts and definitions used in these Terms have the following meaning:
2.1. SERVICES — hosting services and other related services provided by the Contractor. The full list of Services is available on the Contractor's website at apply.sg.
2.2. CLIENT — an individual or legal entity or sole proprietor who has accepted this offer in accordance with Art. 1 of these Terms.
2.3. INTERNAL BALANCE — a virtual individual account of the Account, on which the balance of paid and used Services is maintained, including the amount of funds written off for the Services rendered and the balance on the account. Depending on the payment method chosen by the Client, the Internal Balance is replenished immediately or on the next business day after the funds are received in the Contractor's bank account.
2.4. TARIFF — the cost of a specific Service for a certain period of its use, determined by the specifics of the relevant Service.
2.5. BILLING PANEL – software hosted on the website apply.sg, allowing the Client to independently manage the connection/disconnection and use of Services, as well as perform other technical and administrative actions with the Account.
2.6. ACCOUNT – a structure of specific data, information, volume of Services and Personal Account, collectively related to a single element of the database and individualized by the account data specified by the Client upon registration in the BILLING PANEL.
Other concepts and definitions not directly defined in these Terms shall be interpreted in accordance with the legislation of the Republic of Kazakhstan.
3. Rules for using Services
3.1. The Client registers an Account in the Billing Panel independently on the Contractor's website by specifying their account data in accordance with the system instructions. The main elements that identify the Client in the system are the login, password and personal client identifier (ID) specified during registration (account data). Account registration is free.
The Contractor does not check the Client's data, however, it has the right at any time to request confirmation of the correctness of the entered data or the provision of missing data (by providing copies or originals of supporting documents) and to suspend the provision of Services until the provision of supporting documents and changes and/or additions by the Client to the requested data.
3.2. The Client may recover the password using the instructions independently, provided that the Client's contact e-mail (e-mail address) is available in the Account information data. The Contractor recovers the password only if the Client provides documents identifying the Client and the data specified in the submitted documents corresponds to the data entered during Account registration. Otherwise, the password used by the Client to access the Account is not recovered by the Contractor.
3.3. After registering the Account and paying for the Services (subject to the conditions established by these Rules), the Client is able to use the Services from the moment the Internal Balance is replenished.
3.4. The selection and use (connection and/or disconnection) of specific Services is carried out by the Client independently using the Billing Panel of the Account. Access to the Account Billing Panel is provided on the website https://apply.sg by the Client entering their login details in the appropriate fields.
3.5. Domain registration is one of the types of Services provided by the Contractor as a commercial representative of the Client before bodies and organizations that are domain registrars. The fee charged by the Contractor for domain registration includes the Contractor's remuneration for commercial representation.
The Contractor shall not be liable for errors made by the Client when registering a domain name in terms of the correct spelling of the domain name, the terms and possible delays in registration associated with the technological features of domain registrars, as well as for the refusal to register a domain by the registrar.
In accordance with the rules for registering domains, a domain name is considered registered from the moment the registrar enters information about it into the relevant registry without issuing documentary confirmation of domain registration.
When choosing the "Domain Registration" Service, the Client undertakes to provide reliable and correct information requested by the registrar to carry out the domain name registration procedure. It is the information specified by the Client when registering a domain name that will be a condition for confirming the ownership of the registered domain name in the event of a dispute regarding its ownership. The information specified by the Client when registering a domain name is stored by the Registrar and is not verified by the Contractor. However, if, in the opinion of the Contractor, the Client has knowingly provided false information, the Contractor has the right to refuse the Client registration of the domain or cancel the registration until the information is confirmed and/or changed. The Client is fully responsible for the accuracy of the above information.
After registering a domain name, the information specified by the Client during registration (in part or in full) becomes available (known to an unlimited number of people) through the publicly available "whois" service. The Client hereby confirms that it understands and agrees that the publication of this information is a mandatory condition for registering domain names, established by the relevant registrar for all domain names registered in the relevant domain zone, and does not constitute a violation by the Contractor of the confidentiality of the information provided by the Client. The volume and composition of information subject to disclosure is determined by the registrars of the relevant domain zones.
When registering domain names in certain zones for which registrars have established mandatory rules and conditions for their registration and use, the Client, by ordering the "Domain Registration" Service and providing the information required for registration, confirms its consent to the above rules and conditions and undertakes to comply with them.
The Client can familiarize themselves with the rules and conditions for registering domain names in specific zones on the websites of registrars and administrators of the corresponding domain zones.
3.6. The ability to install applications from the Billing Panel is the adaptation by the Contractor of various types of programs (both commercial and free - using the GPL or similar license) for the convenience of their use by the Client, while for the operation of specific applications, the Client may need to connect some Services.
The Contractor is not the developer of applications, and therefore the Contractor is not responsible for the operability and security of the installation and operation of applications, and does not configure them or consult on the operation of these applications. The Contractor is also not obliged to provide the ability to use the latest versions of software. The Client undertakes to independently monitor changes in the versions of applications, their updates, and the safety of their use.
3.7. The Client shall bear full responsibility for actions and/or inactions that lead to the disclosure, loss, theft, etc. of his/her account data and other information that individualizes the Client, as well as for any actions and/or inactions of third parties using the Client's account data. The Contractor shall not bear responsibility for the above actions of the Client and/or third parties using his/her account data.
3.8. The Contractor shall perform backup copies of the Client's data, with the exception of the Client's email messages and log files. In this case, the Contractor shall perform backup copies of the Client's data within the timeframes and periods established by the Contractor independently, unless otherwise provided by the Services connected by the Client.
3.9. The Contractor provides the Client with the opportunity to use a domain name of the type "name.apply.sg" as a technical name for the purposes of setting up, testing the site, and other technical actions in the absence of the Client's own domain name. The technical name provided by the Contractor cannot be used by the Client to place the site on the Internet for public viewing, advertising, rendering Services, and carrying out entrepreneurial or other activities. The above actions can be carried out by the Client only using their domain name (by registering a new domain name or moving an existing domain name).
3.10. When using the Services, the Client agrees that various services provided by the Contractor, web server error pages, warnings, including when blocking an Account, and other software settings can be designed using graphic and other design elements of the Contractor, while these actions do not constitute a violation of any rights of the Client. In some cases, the Client has the ability to independently change the appearance of the data (in particular, some web server errors).
3.11. When using the Services, it is prohibited to use the Account for the sole purpose of mass registration and/or renewal of domain registration without the intention of using other Services of the Contractor. The criteria for classifying the Client's actions as mass registration and/or renewal of registration are determined by the Contractor independently, in connection with which, when using the Domain Registration Service, the Contractor may impose restrictions on the number of domains that can be registered and/or renewed from one Account per month.
3.12. When using the Services, any actions aimed at gaining unauthorized access to the server resources and other technical means of the Contractor, personal account and other data of other Clients, as well as any other data accessible via the Internet, in particular, the destruction or modification of software and/or data that does not belong to the Client, without the consent of the owner of such software and/or data, are prohibited. Unauthorized access means actions aimed at gaining access to resources in a manner different from that intended by the resource owner as permitted.
3.13. When using the Services, the Client is prohibited from mass mailing of "spam", i.e. electronic messages of a commercial, advertising or other nature that have not been agreed upon (requested) by the recipient of the information via e-mail and in teleconference groups, as well as on Internet forums, blogs and other resources with the ability to publish messages, through the technical resources of the Contractor. Spam is not considered to be sending information with the consent of the recipient, with the possibility of unsubscribing. Electronic messages are understood to mean messages by e-mail, ICQ and other similar means of personal information exchange.
3.14. It is prohibited to send spam through resources that do not belong to the Contractor, if the message contains coordinates (website address, e-mail, etc.) supported by the Contractor.
3.15. It is prohibited to forge service information, use non-existent return addresses in the headers of e-mail messages, as well as falsify your IP address and/or addresses used in other network protocols for data transmission.
3.16. It is prohibited to register domain names and place sites on them that pose as a well-known service for the purpose of collecting user data ("phishing").
3.17. Installation of unlicensed software is prohibited.
3.18. The Contractor imposes the following restrictions on the information posted ("content"):
3.18.1. The Client must use the Services only for lawful purposes and by lawful means.
3.18.2. The Client is directly responsible for the content of the information nodes created and maintained by the Client. The Contractor does not carry out preliminary control I am responsible for the content of the information posted and/or distributed by the Client, however, when the posting and distribution of such information contradicts the current legislation, the Contractor has the right to block and/or delete the corresponding Account.
3.18.3. It is prohibited to post and distribute information of an offensive, obscene, erotic or pornographic nature, or to call for violence, overthrow of the existing government, etc., as well as to use e-mail to send messages of the specified nature. Within the framework of these Terms, the Contractor independently determines the nature of the posted and distributed information and the criteria for classifying it as the types of information prohibited from posting and distribution in accordance with this clause.
3.18.4. It is prohibited to transfer, reproduce or distribute in any way software or any other materials, fully or partially protected by copyright or other rights, without the owner's permission.
3.18.5. It is prohibited to post and distribute any information or software that contains computer viruses or other components equivalent to them.
3.18.6. It is prohibited to post so-called "doorways" and other forms of search "spam", as well as to post website rating systems ("tops"), casinos, any gambling, as well as any events directly or indirectly aimed at making a profit and/or obtaining other benefits through deception, fraud or other illegal means.
3.18.7. It is prohibited to advertise and sell services, goods and other materials, the distribution of which is limited or prohibited by applicable law.
3.18.8. It is prohibited to publish or otherwise post information about third parties that directly or indirectly affects the honor and dignity or business reputation of such third parties, as well as to post personal identifying information about third parties without their consent.
3.19. It is prohibited to carry out actions aimed at transmitting meaningless or useless information to the resources of the Contractor and/or third parties that creates an excessive (parasitic) load on these resources, as well as actions aimed at disabling or improperly functioning software and/or equipment servicing such resources.
3.20. It is prohibited to carry out any actions aimed at scanning networks, detecting vulnerabilities in software security, selecting a password and other identifying data, detecting lists of open ports, unprotected sections of resources, etc. without the express consent of the owner, as well as the use of anonymous proxy servers when using the Service.
3.21. It is prohibited to carry out other actions that contradict the current legislation and violate the rights and legitimate interests of the Contractor and/or third parties.
3.22. The Client may not use the resources provided by the Contractor to launch software, the operation of which may lead to a disruption of the functionality of the Contractor's hardware and software complex, as well as networks, software, hardware and/or information resources of third parties, or to gain illegal access directly or indirectly to the information of third parties, without taking into account whether such software is used by the Client with or without intent.
3.23. The Contractor may establish other restrictions that are standard and customary in the field of rendering similar Services and necessary to ensure the normal functioning of the Contractor's hardware and software complex for the purpose of proper provision of Services in accordance with these Terms.
4. Rights and obligations of the Client
4.1. The Client undertakes to:
4.1.1. Unconditionally comply with these Terms and monitor changes and additions to them and their Appendices, published on the Contractor's website (apply.sg).
4.1.2. When registering an Account, provide true, accurate and complete information about yourself on all questions requested during registration, and keep this information up to date.
4.1.3. Monitor changes in the cost of Services provided for in the Tariffs. Changes in the cost of Services are published on the Contractor's website (apply.sg).
4.1.4. If the cost of Services changes and the Client disagrees with the new Tariffs, notify the Contractor in writing of his/her disagreement with the new Tariffs before they come into effect.
4.1.5. Make an advance payment for Services in an amount no less than the minimum one-time payment stipulated by these Terms for the relevant category of Clients, taking into account the provisions of Art. 6 of these Terms. When making an advance payment in an amount less than the minimum one-time payment, the Client undertakes to make an additional payment in such a way that the total amount of the prepayment made was not less than the established amount of the minimum one-time payment.
4.1.6. Independently monitor the balance of the Internal Balance and promptly replenish it in the amounts and in the manner stipulated by these Terms.
4.1.7. Use the Services and post information within the framework of using the Services only in accordance with the requirements of the current legislation and these Terms, including not posting on the technical resources of the Contractor software and information prohibited for storage, use and/or distribution or limited in storage, use and/or distribution in accordance with the legislation of the Republic of Kazakhstan, other national and international legislation.
4.1.8. Not to damage the software shell, hardware and software, node machines of the Contractor and third parties.
4.1.9. Respect the copyright and other rights to the software, information and documentation provided by the Contractor and/or third parties. Be solely responsible for the violation of any copyright/patent and other rights, and promptly respond to complaints forwarded by the Contractor about the violation of the relevant rights, compensate the Contractor for losses in the event of attempts to hold the Contractor liable or third parties holding the Contractor liable for the violation of the above rights by the Client's information.
4.1.10. Maintain the confidentiality of your account data and take measures aimed at protecting them from loss, theft, damage, etc.
4.1.11. Independently back up your data with a frequency that allows you to avoid the loss of information as much as possible in the event of interruptions in the provision of Services caused by an accident or other reasons beyond the control of the Contractor.
4.1.12. Fulfil in full other obligations, requirements and restrictions stipulated by these Terms.
4.2. The Client independently determines the volume of Services provided to him by selecting, connecting and using specific types of Services during the period determined by the Client independently, in accordance with these Terms and instructions through the Billing Panel.
5. Rights and obligations of the Contractor
5.1. The Contractor undertakes to:
5.1.1. Ensure the provision of Services in the volume and quality corresponding to the amount of the advance payment by the Client for the Services in accordance with these Terms, around the clock, 7 days a week, including weekends and holidays.
5.1.2. Keep records of the advance payment and consumption of Services by the Client on the Personal Account of the Account.
5.1.3. Publish on the Contractor's website (apply.sg) changes and additions to these Terms, Tariffs and other documents related to the provision of Services, no later than 5 calendar days before the date of their entry into force.
5.1.4. Maintain the confidentiality of the Client's account data. The Contractor has access to the Client's information for the purpose of technical support of the Services, and also has the right to access such information in cases of receiving claims from third parties regarding illegal and/or malicious, as well as other actions of the Client that cause harm to the Contractor and/or third parties. The Contractor has the right to communicate the above data only to competent government agencies in cases stipulated by the current legislation of the Republic of Kazakhstan.
Backing up the Client's data in order to prevent loss of information is not a violation of the confidentiality of the Client's information.
5.2. The Contractor has the right to:
5.2.1. Suspend the provision of Services to carry out necessary scheduled preventive and repair work on the Contractor's technical resources, as well as unscheduled work in emergency situations. A notice of the above-mentioned work, which entails a suspension in the provision of Services, is published by the Contractor on its website, indicating the estimated duration of such work (except for emergency situations, when information about the suspension in the provision of Services is published by the Contractor as far as possible).
5.2.2. Interrupt the provision of Services if this is due, in particular, but not limited to the following, to the impossibility of using information and transport channels that are not the Contractor's own resources, or to the actions and/or inactions of third parties, if this directly affects the provision of Services within the framework of these Terms, including in an emergency situation. In this case, the Contractor also has the right to temporarily remove the delegation of the Client's site from its own resources in the event of a DDoS attack on the Client's site, which inevitably creates an excessive load on the Contractor's resources, which entails the impossibility of using the Contractor's Services by other Clients.
The Contractor shall not be liable to the Client and shall not compensate the Client shall bear any losses that have arisen or may arise for the Client in connection with delays, interruptions in work and the impossibility of full use of the resources and Services of the Contractor that have arisen for the above reasons.
5.2.3. To unilaterally make changes and additions to these Terms and Tariffs by publishing these changes and additions on the Contractor's website (apply.sg).
5.2.4. Suspend the provision of Services or cancel the registration of the Account and/or domain and refuse to provide and use the Services in the event that the Client provides incorrect information or fails to update it when the data changes, as well as in the event of untimely submission of supporting documents or if the Contractor has doubts that the information provided by the Client is correct, complete or accurate, and also write off the balance of funds on the Personal Account without acceptance in the cases and in the manner stipulated by these Terms.
5.2.5. Suspend the provision of Services in the event that the Client violates these Terms and applicable law.
5.2.6. Block and/or delete the Account, and also write off the balance of funds on the Internal Balance without acceptance in the cases and in the manner stipulated by these Terms.
5.2.7. Suspend, block or prohibit the use of the Client's software within the framework of the provision and use of Services if the use of such software leads or may lead to emergency situations, a breach of the Contractor's security system, a breach of these Terms or the law.
5.2.8. When the Contractor receives funds in an amount less than the one-time payment provided for by these Terms, the Contractor has the right not to credit the funds received to the Client's Personal Account until the Client makes an additional payment. The refund to the Client of a monetary amount paid in an amount less than the minimum one-time payment is carried out by the Contractor in a non-cash form only upon the written application of the Client received by the Contractor in accordance with clause 10.3 of these Terms, in which the Client is obliged to indicate all Account data, date, amount of the prepayment made, details of the Client's bank account, with a copy of the document confirming the prepayment attached.
6. Cost of Services and payment procedure
6.1. The cost of Services is determined in accordance with the Tariffs, which are an integral part of these Terms. The Tariffs are posted by the Contractor on the websiteapply.sg and in the Billing panel of the Account.
6.2. The total cost of the Services is determined as the total amount of funds written off from the Internal Account Balance for the Services rendered to the Client in accordance with the Tariffs in effect at the time of rendering the Services.
6.3. The Services are paid for by the Client on a prepayment basis, and the method of prepayment for the Services is determined by the Client independently.
6.4. The Contractor has the right to write off the remaining funds on the relevant Personal Account in the event of deletion of the Account in the amount and manner stipulated by these Terms.
6.5. If the Client does not notify the Contractor in writing of his disagreement with the new Tariffs within the time period stipulated by these Terms, the Client is deemed to have agreed to the change in the Tariffs, and the debiting of funds from the Personal Account of the Account for the Services rendered is carried out by the Contractor in accordance with the new Tariffs.
6.6. Sending of acts and invoices for rendered Services by mail is carried out only at the request of the Client (for legal entities and individual entrepreneurs), and the Client undertakes to return to the Contractor at his own expense 1 copy of the act signed by the Client by mail or by other means that allows confirming receipt of the documents by the Contractor. If the Contractor does not receive the signed act within 14 (fourteen) calendar days from the moment the Contractor sends the relevant documents to the Client, the Services are considered to be properly rendered on the basis of the act unilaterally signed by the Contractor.
6.7. All bank or other commission payments for payment of Services are paid by the Client independently, unless otherwise provided by a specific payment method.
7. Liability of the parties
7.1. For all issues not regulated by these Terms, as well as in resolving disputes that arise during their execution, the parties are guided by the current legislation of the Republic of Kazakhstan. If the parties are unable to resolve the dispute in the pre-trial claim procedure, it shall be resolved in the relevant court of Uralsk, West Kazakhstan Region in accordance with the current legislation of the Republic of Kazakhstan.
7.2. The Client is fully responsible for the security of their password and other account data, as well as for any losses that may arise for the Client and/or third parties due to the unauthorized use (disclosure, loss, theft, etc.) of such account data.
The Client is responsible for any illegal actions and/or inactions of the Client and/or persons using their account data that have caused any harm to the Contractor, including loss of business reputation, and compensates the Contractor for losses. The Contractor is also not responsible for the actions of third parties that have caused damage to the Client.
7.3. The Contractor is not responsible for the content of information posted by the Client and information nodes created and maintained by the Client or its users, and does not carry out any preliminary verification or censorship.
The Client shall be liable for any of its actions and/or inactions, both intentional and unintentional, as well as for any actions and/or inactions of persons using its credentials related to the posting and/or distribution of information on the Internet, as well as obtaining access to third-party resources through the use of the Contractor's resources.
7.4. The Client shall be solely liable for intentional and/or unintentional actions and/or inactions of the Client and/or persons using its credentials that result in a violation of any national legislation (of the Republic of Kazakhstan or other countries) and/or international legislation, as well as for any damage caused by the above actions and/or inactions to the Contractor, third parties, as well as for the consequences of such actions and/or inactions.
7.5. The Contractor shall not be liable for direct and/or indirect damage caused to the Client, and shall not compensate the Client for losses (including lost profits) incurred by the Client as a result of the use or non-use of the Contractor's resources and Services, as well as for losses incurred as a result of omissions, interruptions in work or delays in data transmission, errors, defects, deletion of files, changes in functions and other reasons.
7.6. The Contractor shall not be liable for the quality of public communication channels, the policy of traffic exchange between providers, the normal functioning of the Internet, its parts or for the quality of communication lines unrelated to the Contractor's own resources and for their availability to the Client, and shall not be liable for changes in the properties, functions and quality of the Services provided to the Client, if such changes are related to the functioning of the Internet or other circumstances beyond the competence, influence and control of the Contractor.
If the operation of a remote network has resulted in its address(es) being added to block lists used to prevent "spam", according to which the Contractor's mail server does not accept mail, the Contractor shall also not be liable for the inability to accept the Client's mail from such a network.
7.7. The Contractor shall comply with the technical quality standards of the Services and shall make all reasonable efforts to prevent or suppress attempts at unauthorized access to the resources of the Contractor and the Client, failures and malfunctions in the Contractor's equipment, penetration of malicious components, etc. In the event of an emergency or emergency situation, the Contractor shall take all measures within its power to normalize the situation as quickly as possible. At the same time, due to the specifics of the equipment and software of the Service, the Contractor does not guarantee absolute permanent one hundred percent error-free and uninterrupted operation of the entire system and Services, and does not guarantee the error-free, uninterrupted and absolute security of the operation of software and/or other materials used to provide the Services released by any third parties.
7.8. The Client bears all risks associated with the use of the Internet through the resources and/or Services of the Contractor, including for the assessment of the usefulness, completeness, accuracy of any information, the Contractor is not responsible for the quality, legality, suitability for a specific purpose of any goods, works, services requested and/or received through the use of the Internet, including in the case of their placement on the server of the Contractor (except for the Services provided by the Contractor).
7.9. The Contractor shall not be liable for the quality, harmlessness and error-freeness of the software (hereinafter referred to as the quality of the software) offered to the Client on the Contractor's servers and/or other Internet servers, except for the case when the software is developed by the Contractor itself.
If the Contractor provides the Client with a service for supporting software developed by third parties (e.g. MySQL, Apache, etc.), the Contractor shall be liable to the Client only for the correct functioning of this software within the company's system. and, but not for the quality of the software itself.
The Contractor is not the developer of the mail reading interface, which is provided to the Client as a web interface, and therefore is not responsible for its normal functioning. To work with mail, the Contractor recommends using specialized programs - mail clients.
7.10. The Client is solely responsible for the timely and proper renewal of the domain name registration and the possible consequences of untimely and/or improper renewal and hereby confirms the absence of claims against the Contractor regarding the above actions and/or inaction of the Client, as well as their consequences.
7.11. The Client shall be solely responsible for any of their actions and/or inactions committed using the Contractor's domain name, as well as other technical details related to the Services provided, in particular, IP addresses, server names, etc., and shall also be liable to the Contractor for damages caused to the Contractor by such actions and/or inactions of the Client that create the appearance among third parties of the Contractor's involvement in such actions and/or inactions of the Client.
7.12. The Contractor shall be liable to the Client only within the limits of the Services paid for but not rendered. The Contractor shall not bear financial liability to the Client and shall not return to the Client the funds paid under these Terms if the Services were not rendered due to the fault of the Client.
7.13. If proper performance by the parties of these Terms is impossible due to objective reasons that the parties could neither foresee nor prevent (natural disasters, changes in the current legislation of the Republic of Kazakhstan, actions of state authorities and administration, military actions of all kinds, etc.), neither party has the right to demand compensation from the other party for damages caused by improper performance or non-performance of these Terms (including lost profits).
7.14. The Contractor does not consider claims (including financial ones) regarding settlements through payment terminals and/or payment systems. The Client shall submit such claims directly to the owner of the terminal and/or the agent of the payment system.
8. Blocking and deleting the Account
8.1. The Contractor has the right to block and/or delete the Account in the cases, manner and on the terms provided for in these Terms.
8.2. Account blocking means temporary inability of the Client to use the Services regardless of the Internal Balance, with the possibility of access (with limited possibility) of the Client to the Billing Panel of the Account. Account blocking is carried out by the Contractor until the Client eliminates the violations that led to the blocking of the Account, unless otherwise provided by these Terms. Simultaneously with the blocking of the Account, a notification of the violation of the Terms and the need to eliminate the violations committed by the Client may be sent to the Client's contact e-mail and to the Billing Panel of the Account.
8.3. Account deletion means the inability of the Client to access the Billing Panel of the Account and the inability to use the Services within the framework of the relevant Account regardless of the Internal Balance.
8.4. When an Account is blocked or deleted, the Client's access to the virtual web server is terminated, with a corresponding warning being displayed simultaneously, using graphic and other design elements of the hosting in accordance with these Terms.
8.5. The Contractor has the right to block the Account in the following cases:
8.5.1. If the Client violates these Terms;
8.5.2. If the Internal Balance is zero or if the remaining funds on the Internal Balance are less than the total cost of the Services currently connected by the Client - until the Client replenishes the Internal Balance.
8.5.3. If the Client enters incorrect or incomplete data requested during Account registration, or if the Client's data is not updated in a timely manner.
8.5.4. In case of failure to provide supporting documents, the above actions shall be equivalent to the inaction of the Client within 3 (three) calendar days from the moment the Contractor sends the relevant request and/or demand.
8.5.5. In case the Contractor receives a complaint/demand from third parties and/or a demand from competent authorities regarding the actions and/or inaction of the Client, including regarding copyright infringement, spamming and other violations of these Terms or the requirements of the current legislation of the Republic of Kazakhstan - until the violations are eliminated or the Account is deleted.
8.6. The Contractor has the right to delete the Account in the following cases:
8.6.1. At the Client's own request or in case of the Client’s unilateral refusal to comply with these Terms;
8.6.2. In case of blocking the Account more than three times;
8.6.3. In case of a gross violation of these Terms by the Client or in case of the Client’s refusal to correct the violations committed or in case of the Client’s failure to correct the violations within 3 (three) calendar days from the moment the Contractor sends a demand to correct such violations;
8.6.4. In case the Client fails to replenish the Personal Account in the amount and in the manner stipulated by these Terms within 5 (five) calendar days from the moment the balance of the Personal Account is reset;
8.6.5. In case the Client does not use the Services within 6 (six) months from the moment of Account registration;
8.6.6. If more than 6 (six) months have passed since the Client last used the Services under the Account;
8.6.7. If the Contractor discovers, independently or upon complaints/requests/demands from third parties, violations of paragraphs 3.14, 3.15, 3.17, 3.18.6 of the Terms and Conditions with simultaneous cancellation of the registration of the corresponding domain name(s) in case of violation of paragraph 3.16 of the Terms.
8.7. Simultaneously with the deletion of the Account in accordance with these Terms, the Contractor writes off the remaining funds on the corresponding Internal Balance in full without acceptance as compensation to the Contractor for additional expenses incurred related to the deletion of the Account and other related expenses.
8.8. In the event of an obvious, from the Contractor's point of view, violation by the Client of the legislation of the Republic of Kazakhstan, the provision of Services to him may be suspended, and the Account blocked and/or deleted without prior warning from the Contractor, while the remaining funds on the corresponding Internal Balance are not returned to the Client and are considered reimbursement to the Contractor for the expenses incurred in accordance with paragraph 8.7 of these Terms.
9. Technical support
9.1. For the purpose of providing and using the Services, the Contractor ensures the functioning of the Technical Support Service (hereinafter referred to as Technical Support) in the manner prescribed by these Terms.
Technical Support manages and controls the operation of technical equipment and system software, and processes the Client's requests for changes to configuration files, if such changes are allowed and cannot be performed by the Client independently, as well as requests to eliminate problems related to the functioning of the Services provided.
When contacting Technical Support, the Client understands that he must have the minimum necessary amount of knowledge and skills to communicate with technical specialists. When contacting Technical Support, the Client must collect information in advance about the causes of the error, clearly and understandably explain the essence of the problem and the circumstances of its occurrence.
9.2. Technical Support does not consult Clients on issues of programming, web design, installations, settings of scripts and Client programs or their optimization, as well as training in the basics of computer literacy, creation and / or promotion of sites, the operation of services provided by third parties, search, as well as other similar issues.
Such consultations may be provided to the Client by additional agreement for an additional fee.
9.3. The Client shall contact Technical Support via the Billing Panel of the Account in order to identify the Client as the owner of the website by authorizing him/her when entering the Billing Panel of the Account.
Requests sent in any other way (in particular, by telephone and/or email and/or by any other means other than via the Billing Panel of the Account) are not official and do not entail the Contractor's obligation to respond and/or perform any actions on them. The Contractor reserves the right to independently decide on the possibility or impossibility of answering questions asked via telephone and/or email and/or by any other means other than via the Billing Panel of the Account.
In case of contacting Technical Support by phone, the Contractor's employee may require sending a request through the Billing Panel of the Account for authorization. The Technical Support employee also has the right to record the telephone or other request of the Client in the database with the possibility of viewing its contents by the Client. At the same time, the Technical Support's responses to the Client's requests received by phone are carried out by the Contractor only on business days during business hours.
9.4. Requests are processed by the Contractor as they are received. The response time to the Client's request depends on the number of requests received by Technical Support, and, if possible, the Contractor responds to requests within a reasonable time of no more than 48 hours, however, if necessary, the response time to the question may be increased by the Contractor.
9.5. Requests containing the following will not be accepted for consideration and processing:
- obscene language, rudeness, insults, boorishness and other expressions that contradict the generally accepted rules and customs of business communication;
- questions that are not related to the Services (hosting functionality) and/or not related to the technical features of the Services;
- questions that are formulated unclearly, vaguely or in any other similar manner, due to which the meaning of the question becomes unclear;
- requirements for setting up or installing, finalizing scripts, etc.;
Requests will not be accepted for consideration and processing, and an application accepted for consideration may be refused due to the suspension of the provision of Services on the grounds provided for in these Terms.
9.6. If Technical Support receives a standard request or a request for which the answer is already contained on the Contractor's website in the "Questions and Answers" section, the answer to the request may be given in the form of a link to the relevant page on the Contractor's website containing the "Questions and Answers" section.
If Technical Support receives a request for which the answer can be found on other websites on the Internet, the answer to the request may be given in the form of a link to the relevant website.
10. Other conditions
10.1. The Client's written statements provided for by these Terms must contain all Account data, as well as, if necessary, other data allowing the Contractor to identify the Client.
10.2. The Parties acknowledge the legal force of notifications and messages sent by the Contractor to the Client at the email addresses specified in the personal data of the Account. Such notifications and messages are equivalent to messages and notifications executed in simple written form, sent by the Contractor to the Client's postal address. In the event of any disagreements regarding the facts of sending, receiving messages, the time of their sending and content, the Parties agree to consider the evidence of the Contractor's technical means as reliable and final for resolving disagreements between the specified persons.
10.3. The Parties acknowledge that notifications and messages from the Client to the Contractor, except for cases of contacting the technical support service in accordance with Art. 9 of these Terms, are considered to be properly executed only if they are drawn up in writing indicating all the data necessary for identifying the Account and the Client, and sent by registered mail.
10.4. The Contractor undertakes not to transfer or make available to third parties information about the Client provided by the latter upon registration of the Account, with the exception of providing such information to government agencies and/or other bodies and organizations upon their requests, as well as to other third parties upon receipt of requests/complaints/claims from them regarding violation of their rights and/or the current legislation of the Republic of Kazakhstan by the Client.
10.5. The Parties undertake not to disclose, transfer or make available to third parties confidential information contained in documents related to these Terms and other documents related thereto, without the written permission of the other party, while the fact of acceptance and the subject of these Terms are not information that the parties have agreed to consider confidential.
The provisions provided for in the previous paragraph of this clause shall not apply to cases where the requirement to provide such information is made by state authorities, other state bodies, local government bodies in order to perform their functions in accordance with the current legislation of the Republic of Kazakhstan;
10.6. The Contractor has the right, if necessary, to engage third parties who have the appropriate licenses and/or permits to provide Services.
10.7. The title and numbering of the articles of these Terms are provided for ease of reading and have no meaning in the interpretation of these Terms.
10.8. If any of the provisions of these Terms is found to be not subject to literal execution, it shall be interpreted in accordance with the current legislation of the Republic of Kazakhstan, taking into account the original interests of the parties, while the remaining part of the Terms continues to be in full force and effect.
10.9. These Terms are drawn up in accordance with the Civil Code of the Republic of Kazakhstan and other regulatory acts of the Republic of Kazakhstan applicable in the field of provision of Services.
11. Address and details of the Contractor
Name: LLP "Apply"
050057, Republic of Kazakhstan, Almaty, Bukhar Zhyrau Boulevard, 62B
BIN 220540005599
RNN 620514280388
"JSC Kaspi Bank" in Almaty
IIC KZ22722S000015813162
BIC CASPKZKA
Contact phone +7 771 071 72 94
Email support@apply.sg