Ltd. "M Studio" (hereinafter referred to as the "Performer"), on the one hand, and the Recipient on the other hand (hereinafter referred to as the "Customer"), enter into a contract and agree to the following mutually beneficial activities:
1. Subject of the contract
1.1 Pursuant to this Agreement, the Parties agree that during the period of its validity, the "Contractor" will provide the "Customer" with the services specified in Clause 1.2 on the basis of the "Customer's" will.
1.2 The services set forth in Section 1.1 of this Agreement include: the creation of dns records of "domains" for the "Customer", 24-hour storage - web / mail hosting on the Internet, for which the "Executor" allocates rent to the "Customer" on his own server. The required disk space (according to the required technical parameters in case of virtual and physical server) which is specified by him during registration. At the same time, the guaranteed off-time is 99.5%.
2. Content of the contract
2.1 The parties agree to fulfill the obligations accurately and on time in each case.
3. Remuneration rule
3.1 The parties agree that the price of the "order" is determined in the package selected in national GEL, in accordance with the official prices indicated on the website, which can be adjusted against the foreign currency of the national currency.
3.2 "Customer" undertakes to pay the amount specified in paragraph 3.1 in accordance with the invoice received after the consent to the online contract, as well as in advance in each subsequent period, according to the cycle selected by "Customer" according to invoices sent by the billing system.
4 Exemption from liability
4.1 The parties are released from any liability under this agreement, if partial or complete non-fulfillment of their obligations is caused due to force majeure (force majeure). Such circumstances include: hostilities, natural disasters, sabotage, fires, blockades, electricity crises, changes in legislation, and other circumstances that make it impossible to properly fulfill our obligations.
4.2 Upon the expiration of force majeure circumstances, the parties shall fulfill all obligations incurred before such circumstances arise.
5 Responsibilities of the parties
5.1 The "Executor" is obliged to: constantly monitor its servers and take care of their security, however, the "Executor" is not responsible for the security of the software used by the "Client" in the web space allocated to it.
5.2 The "Customer" is obliged to fulfill the deadlines specified in the contract
3.2. Obligations under paragraph;
5.3. The Customer undertakes not to upload to the server, not to use for sending or to post content which:
- is illegal, threatening, abusive, violates copyright, promotes racial, religious, sexual, social discrimination and incites resentment, contains insults against specific individuals and organizations;
- violates the rights of minors, can harm them in any way;
- violates or restricts the rights of minorities;
- Uploading, sending, transmitting or otherwise posting content that you do not have the right to make public under Georgian law or any agreement;
- Uploading, sending, transmitting or otherwise posting content that relates to any patent, trademark, trade secret or infringes third party copyright.
- Uploading, sending, forwarding or otherwise posting content containing spam (including search engine), foreign email addresses;
- Downloading, sending, transmitting or otherwise posting content that contains viruses and other computer codes, files and programs that are designated for the functional limitation, disruption or destruction of programs, computers and telecommunications equipment. As well as publishing serial numbers, codes, logins, passwords or any other information of commercial software products, which will facilitate unauthorized access to paid Internet resources, as well as posting links to the above information;
- Collecting and storing information about third parties;
- Representation in the network of third parties in any form;
- Deliberate violation of Georgian legislation and international norms;
5.4. "Customer" undertakes to periodically maintain a backup copy of the Website (if any) and in case of unauthorized damage to the Website to restore it from the backup on its own.
5.5. In case of timely payment of the cost of the service, the billing system automatically restricts the delivery of the service. Upon expiration of the payment period, the "Executor" stores the existing files of the "Customer" on his / her server (email, web site database, etc.) for 20 calendar days. After the expiration of this period, the "executor" is entitled to delete all the data of the "customer" from the server without care.
5.6. In case of non-fulfillment or improper fulfillment of the obligations assumed by the parties, the interested party is entitled to unilaterally terminate this agreement without any obligation to notify the parties in advance.
6.1 The executor undertakes - to protect the confidentiality of the materials placed on the server by the customer, not to store and distribute them and not to transfer them to third parties.
7 Dispute Resolution Rule
7.1. The parties shall take all measures to resolve all disputes arising out of this agreement, or to resolve the dispute through negotiation.
7.2 In case of impossibility to resolve disputes through negotiations, the parties have the authority to apply to the court and resolve the disputes in accordance with the rules established by the legislation of Georgia.
8. Final Provisions
8.1 This Agreement shall enter into force on the date on which the Customer completes the online application and shall remain in force until terminated by the Parties.
8.2 Amendments and additions to this Agreement, its cancellation is allowed only by mutual agreement of the parties. In addition, the parties shall notify each other in writing of the cancellation, amendment or addition, unless the key points and obligations under this Agreement have been violated.
8.3 The online agreement is drafted in Georgian, has legal force and is binding on the parties.
8.4 This Agreement is governed by the current legislation of Georgia.
Ltd. These are the details of "M Studio"
Address: st. Tbilisi, Dadiani 7,
Tel: +995 599868222
JSC TBC Bank
A / a GE41TB7607936080100001