Supplier data

1. Name of supplier: Netcube Ltd.

2. Headquarters and address of management: Bulgaria, Sofia district (capital), Sofia Municipality, 10 Cherni Lom Str., floor.5. 56 tel: 0883376539

3. Address for correspondence: Bulgaria, District Sofia (capital), Sofia Municipality 1233 Serdika district, Cherni Lom Str., No 10, floor 5

4. VAT registration: BG201933296

Service description

Article 1 Through the "Dedicated Server" service, the Supplier provides the following services to the User:

• Access to real server resources, including processor cores, frames, hard drives with RAID controller option, traffic junction, operating system, IP’s and add-ons, depending on the plan the user has chosen. The resources of the real server can be provided by the User to third parties;
• Access to a service administration panel through which the user can perform various core activities on his Dedicated server such as: turning on, shutting down, restarting, reinstalling the operating system, administering server add-ons, reverse DNS, Real-time monitoring of graphs on the server, Remote access to the server via "KVM".
• Access to technical support team via a "ticket" system of the site;
• Access to a part of the site where the User can administer his payments and withdraw his invoices;

Article 2. For the respective service, the User undertakes to pay to the Supplier an amount, according to the respective plan chosen by the User, according to the payment terms on the site.

Term of contract

Article 3 / 1 / The term of contractual relationship between the two parties - the Supplier and the User, is determined by the term of the User's request for using the "Dedicated Server" service.

Article 3 / 2 / Service becomes active when it is paid by the User and activated by the Supplier. Activation of service takes place within 24 hours of Netcube's confirmation of this request.

Article 3 / 3 / Service shall be terminated and contract shall be deemed terminated if the User is in delay to pay a subscription fee for more than 14 calendar days from the maturity of relevant invoice. In this case, Netcube notifies the user about the delay immediately after maturity of overdue invoice.

Price

Article 4 / 1 / The User is obliged to pay to the Netcube the price of provided service on a monthly basis; the amount of this obligation being determined according to the plan chosen by the User, and according to the terms and terms of payment in the plan.

Article 4 / 2 / The User may at any time make a new request for additional services to these already provided to him, the price of this additional service being determined according to the prices for each of the supplements contained in each of the MyHost plans

Article 4 / 3 / The Supplier shall issue a payment / invoice / to the User for each payment made. In the event that the User debits money into his / her account, the Supplier issues a deposit invoice as well as invoices with deduction of the value of Service paid with that money.

Rights and obligations of the Supplier

Article 5 The supplier shall be obliged:

Article 5 / 1 / To provide the "Dedicated Server" service, according to the User’s selected plan;

Article 5 / 2 / To make available to the User the Dedicated Server service, in accordance with the provisions of Article3 / 2 /;

Article 5 / 3 / To provide technical support for the Dedicated Server Service;

Article 5 / 4 / To provide and administer a panel to be used by the User to administer the Dedicated Server service;

Article 5 / 5 / To provide Internet connectivity for the Dedicated Server service, according to the plan the User has chosen;

Article 5 / 6 / To provide the installed software for the Dedicated Server service, according to the plan the User has chosen;

Article 5 / 7 / To provide a 24/7 working service for the User and provide maximum technical support in the event of a possible technical malfunction that restricts / prevents access to the service;

Article 6 With the conclusion of this contract, the Supplier shall have the following rights:

Article 6 / 1 / To receive remuneration for the service which he has provided to the User in accordance with Article 4/1 / and this contract;

Article 6 / 2 / To receive additional remuneration in case the User wishes to use additional services (supplements) in accordance with Article 4/2 of this contract;

Article 6 / 3 / To provide additional services (add-ons), after the written consent of both parties, via a "ticket" system on the site;

Article 6 / 4 / To temporarily restrict the use of the service in the event of a security issue;

Article 6 / 5 / To change or limit the parameters of the service in the event of a problem or change and overhaul of the equipment;

Article 6 / 6 / To request from the User additional personal data and legitimation from them for the purpose of security of service;

Article 6 / 7 / In the event that the User attempts to abuse the service, whether in violation of the applicable legal provisions or otherwise, the service shall be suspended temporarily to clarify the situation or it will be suspended permanently;

Article 7 The User agrees that the Supplier is obliged to provide relevant information about the User to the public authorities in connection with their legal powers to carry out investigative actions, including but not limited to:

- Any information and personal data about the User under the Privacy Act, including traffic data. The Supplier is not obliged to provide information to the User for the aforementioned, except in the cases where the law requires it;

Rights and obligations of the User

Article8 The user is obliged:

Article 8 / 1 / To pay his / her service within the specified term according to this contract and requested service;

Article 8 / 2 / To use and provide the service in compliance with the applicable legal provisions;

Article 8 / 3 / To use the service without damaging it and without affecting other Users;

Article 8 / 4 / To use the service via remote access "KVM access" provided by the Supplier or in another user-friendly way;

Article 8 / 5 / To use the Service without action/inaction that may lead to violation of its security;

Article 8 / 6 / To manage its own service, as well as to provide the installation of additional software, reinstallation of the basic software, and other necessary activities;

Article 9 The User has the following rights:

Article 9 / 1 / To use the service in accordance with the contract.

Article 9 / 2 / To use the support feature on the web site for problems with the Service, to express the desire to add different components to the service and for a variety of inquiries (The service does not include reinstallation of the OS or its administration).

Article 9 / 3 / To administrate his / her service in a convenient manner for him / her.

Article 10 The User is under obligation not to use the service for the following purposes:

Article 10 / 1 / Publication of pornographic materials.

Article 10 / 2 / Publication of files and materials that violate human rights, according to the legislation.

Article 10 / 3 / All types of cyber crime, according to the legislation;

Article 10 / 4 / Publication of information concerning the copyright and any other intellectual property rights of third parties;

Article 10 / 5 / Cryptomining - Obtaining cryptocurrency by installing and using specialzed software;

Article 11 In the event of non-compliance with the obligations of Article 10, the Supplier shall have the right to terminate the service at any time without notice to the User, in which case the User Agreement shall be deemed to have been terminated, which shall not relieve the User from paying the remunerations due the Supplier;

Termination of Contract

Article 12 The contract shall be terminated:

Article 12 / 1 / Upon the expiration of its term;

Article 12 / 2 / By mutual agreement between the two parties;

Article 12 / 3 / In case of non-performance of one party's contractual obligations for objective reasons;

Article 12 / 4 / Upon bankruptcy of one of the two parties

Article 12 / 5 / In case of inability / obstruction of the Supplier to provide the service;

Article 12 / 6 / In case of a unilateral decision of the Supplier, in the event that the service is misused by the User, in breach of the applicable legislation, whichever case the Supplier shall not owe any compensation and / or notification to the User;

Additional Terms

Article 13 The Supplier shall not be liable for any damages inflicted on third parties by the User;

Article 14 The Supplier shall not be responsible for service problems caused by internet interruption, incidental events or natural disasters and accidents, etc. Such circumstances are considered to be force majeure;

Article 15 By terminating the present contract in advance, the User owes to the Supplier a remuneration amounting to the remaining amounts for payment under the contract;

Article 16 The parties may change the parameters and make an addition to the written agreement, with the agreement of both parties;

Article 17 Any disputes and discrepancies on the contract, which the two parties fail to remedy, shall be referred to the competent bodie - the Bulgarian courts.

Article 18 Invalidation of any of the provisions of this Agreement shall not invalidate the entire contract.

Article 19 For issues not settled in this contract, related to the implementation and interpretation of this contract, the laws of the Republic of Bulgaria shall apply.