1. Parties
1.1. You, (hereinafter referred to as the Client), on the one hand, and DataGroup Technology LLC reg. number LV50103850441 (hereinafter referred to as DGT), represented by Director Evgeny Chaplin, on the other hand, both together and each separately (hereinafter referred to as the Parties), based on the legislation of the Republic of Latvia in force, conclude this Agreement as follows:
2. Subject of the Agreement
2.1. DGT provides the CLIENT with the services specified in this Agreement (hereinafter referred to as the Services), the CLIENT undertakes to pay for these Services, in accordance with the tariff plan chosen by the CLIENT and under the terms of this Agreement. The volume, technical parameters, tariff plans and payment procedure for the Services are specified in Appendix No. 1 (which is located at: https://www.dgtcloud.lv/hosting)
3. Terms of payment
3.1. Payment for the Services occurs before the receipt of the Services, in accordance with the selected payment method, based on the invoice issued by DGT, within 10 (ten) days from the date of the invoice. Value added tax is included in the prices of this Agreement.
3.2. If the CLIENT fails to make payments in accordance with this Agreement, then DGT is entitled to transfer the collection of the debt from the CLIENT to a third party. The CLIENT undertakes to pay all costs associated with debt collection services by a third party.
3.3. For the delay in payment by the CUSTOMER of the invoice, DGT may require payment of a penalty in the amount of 0.5% of the amount for each delayed day.
4. Terms of use of the Services
4.1. The CLIENT is fully responsible for any actions performed using the Services;
4.2. The CLIENT undertakes not to use the Services for illegal purposes;
4.3. The CLIENT undertakes not to attempt to access third-party systems and files without the permission of their owner, even if they are not sufficiently protected;
4.4. The CLIENT undertakes not to send chain letters and other promotional materials to recipients who have not given their consent to this;
4.5. The CLIENT undertakes not to use the Services to distribute computer viruses and similar materials;
4.6. The CLIENT undertakes not to use the Services in violation of the rights of a third (without limitation, including the rights of a third party to intellectual property and confidentiality) person.
4.7. The CLIENT has no right:
4.7.1. Post any information prohibited by the legislation of the Republic of Latvia.
4.7.2. Place Bittorrent trackers that contain links or torrent files through which you can get materials that violate copyright.
4.7.3. Attempt to access the information of other users of the system.
4.7.4. Accidentally or intentionally interfere with the DGT network or server.
4.8. Restrictions on the use of server resources:
4.8.1. Maximum CPU usage – 10%
4.8.2. The maximum execution time of a php script is 2 minutes
4.8.3. The maximum number of processes per user is 20
4.8.4. The maximum amount of memory for one process is 256 MB
4.8.5. The maximum number of letters per hour from one domain is 100
4.8.6. The maximum number of recipients in one letter is 20
4.9. If the Client orders a domain registration service in the .lv zone, he is obliged to familiarize himself with the rules for registering domains in the .lv zone at the following address: http://www.nic.lv/resource/show/53.
5. Obligations of the CLIENT
5.1. The CLIENT undertakes to keep the password confidential and is fully responsible for the actions that occur with its use. Other users of the CLIENT’s usernames and passwords are also responsible for compliance with the terms of this Agreement to the same extent as the CLIENT. CUSTOMER shall promptly notify DGT of any illegal activities with CLIENT’s usernames and passwords, as well as any other breaches of system security that become known.
6. Responsibilities of the DGT
6.1. DGT is committed to providing the Services in full and in the best possible quality. However, it is clear that DGT cannot guarantee uninterrupted provision of the Services. The Services are provided as is, and DGT shall not be liable for possible losses incurred by the CLIENT as a result of interruptions in the Internet.
6.2. The Services do not include DGT’s obligations to administer the CLIENT’s data in any way (site administration, deploying backups, installing or configuring additional software on the CLIENT’s website).
7. Closing the CLIENT’s account
7.1. DGT has the full right to temporarily or completely close the CLIENT’s account in the event that:
a). the CLIENT violated the terms of this Agreement;
b). the CLIENT has not paid for the Services on time, in accordance with clause 3.1. of this Agreement.
8. Terms of the Agreement and their expiration
8.1. The contract comes into force after its signing and is in force until the parties fully fulfill their contractual obligations.
8.2. If the parties have no claims against each other, the conditions stipulated in the Agreement are extended until the signing of a new Agreement.
8.3. If one of the parties wants to terminate the Agreement, then this party is obliged to inform the opposite party in writing no later than 1 calendar month before the termination of the Agreement.
8.4. In case of termination of this Agreement between the parties, the final payment for the services provided to the CLIENT occurs until the account is closed, and only after this moment the Agreement expires.
9. Unforeseen circumstances
9.1. The Parties are released from liability for full or partial failure to fulfill the terms of the Agreement, if this failure was the result of force majeure (force majeure).
9.2. Force majeure is a statute, Agreement or any other written directive that has legal force and that affects the performance of the terms of this Agreement. A situation involving force majeure is also: war, any hostilities, riots, embargoes, various natural disasters that affect the execution of the terms of this Agreement.
10. Procedure for resolving disputes
10.1. All issues that are not specified in this Agreement, the parties are obliged to resolve in accordance with the current legislation of the Republic of Latvia.
10.2. Any dispute, contradiction or request arising from this Agreement regarding the Agreement, changes to the Agreement, violation, termination, legality, validity or interpretation (interpretation) are resolved during negotiations.
10.3. In the event that an agreement between the parties is not reached within two months, the dispute is referred to the European Permanent Arbitration Court reg. number 40003961077, written in Latvian.
11. Amendments and additions to the Agreement
11.1. This Agreement determines the full agreement between the parties. All other agreements between the parties lose their force at the moment of signing the Agreement.
11.2. All changes and additions to the Agreement are valid if they were prepared in writing and signed by authorized representatives of both parties.
12. Other terms
12.1. This Agreement is drawn up in electronic form and is valid without a signature.
12.2. The financial information of this Agreement is confidential, except for the conditions of clause 3.2.
12.3. This Agreement is binding on DGT, the CLIENT and all assigns.