Public offer

The information provided below constitutes an official offer (public offer) from the owner of the PRODEDIC.COM service, Sole Proprietor Dzisko Dmytro Serhiyovych (hereinafter referred to as the “Provider”), to any individual or legal entity (hereinafter referred to as the “Customer”) to enter into an Agreement for subscription services and contains all essential terms and conditions for the provision of services.

This offer is a public adhesion contract and, in accordance with the current legislation of Ukraine, has proper legal force. The terms of the offer are identical for all consumers and cannot be modified by the second Party to the Agreement.

This offer, in accordance with Article 633 of the Civil Code of Ukraine, is a public offer, the full and unconditional acceptance (acceptance) of which is considered to be the Customer’s registration in the accounting system on the Provider’s web server at https://panel.prodedic.com/billpanel/billing.php?do=orders&sort=todate&desc=asc&lang=english.

Terms and Definitions

Server — a software and hardware computing system that performs service functions upon client request, providing access to specific resources.

VPS — a service whereby the user is provided with a so-called Virtual Private Server, which is a copy of a guest operating system (hereinafter — OS) isolated at the kernel level of the main OS. Multiple virtual servers can run on one physical server. Apart from certain obvious limitations, each virtual server provides complete and independent control and management of the guest operating system and service applications, as a regular server does, and is primarily used for hosting resource-intensive websites, services requiring fine-tuning of the operating system, mail services, etc.

Traffic — the aggregate volume of data (files, mail, etc.) that passes through the server over a specified period of time.

Hosting — a service providing disk space and physical placement of data on a server connected to the Internet.

CPU (processor) — processor power guaranteed by the Provider during the provision of server or VPS services to the Customer according to the selected tariff plan.

Tariff plan (tariff) — a set of pricing offers from the Provider that provides the option to order the Provider’s services and is available for review by any Internet user. The Provider’s website contains the latest version of the Provider’s tariff plan list.

RAM — server random access memory, the volume of which is provided according to the tariff plan selected by the Customer.

Proxy server — a server and/or software that acts as an intermediary between client computers and/or servers.

Root access — a type of access whose owner has the right to perform all operations without exception.

Login — a unique combination of letters and numbers for the Provider’s server, which together with a password serves as the Customer’s identifier on the Provider’s server.

Password — a combination of letters and numbers that, together with the login, allows the Customer to enter the Provider’s system.

Order — an electronic message sent by the Customer to the Provider from the Provider’s website, containing the order number and a list of services the Customer wishes to receive.

Order management panel — a section of the Provider’s website, the login and password to which are provided to the Customer after order formation.

The order management system stores Customer data, a list of invoices paid by the Customer, and active servers. The Customer is solely responsible for keeping the login and password to the order management panel confidential. Any actions in the order management panel performed using the Customer’s login and password are unconditionally recognized by the Parties as having been performed personally by the Customer.

Ticket system — a section of the Provider’s website, the login and password to which are provided to the Customer after completing registration data on the Provider’s website. The ticket system stores the list, date, and content of electronic messages sent by the Provider to the Customer. The Customer is solely responsible for keeping the login and password to the ticket system confidential. Any actions in the ticket system performed using the Customer’s login and password are unconditionally recognized by the Parties as having been performed personally by the Customer.

Correct data — reliable, verifiable information necessary for Customer identification provided by the Customer during registration on the Provider’s website, as well as when ordering a corresponding service.

DoS/DDoS attacks — blocking the operation of server services and access to it from the Internet by sending a large number of TCP and/or UDP packets to the server’s IP address or by sending a large number of requests to the server’s services.

Provider’s website — a website located on the Internet at https://prodedic.com. All Internet users have access to this website 24 hours a day, 7 days a week, but at different access levels depending on registration on the website.

Spam is:

  • Organized mass distribution of information of advertising, commercial, or promotional nature to other Network users without their consent; letters containing rude and offensive statements and offers; posting messages of advertising, commercial, or promotional nature in any conference or forum, except when such messages are permitted by the rules of such conference or forum or their posting has been previously agreed upon with the owners or administrators of such conference or forum;
  • Sending information to recipients who have already expressed unwillingness to receive such information;
  • Using own or provided information resources (mailboxes, email addresses, www pages, etc.) as contact information when performing any of the above actions, regardless of from which point in the Network the actions were performed.

Service(s):

  • Providing the Customer with a unique name (login) that allows them to place data on the Provider’s server;
  • Providing the Customer with login and password to access the order management panel;
  • Providing the Customer with disk space and other technical resources on the Provider’s server according to the appendices to this Agreement;
  • Providing the Customer with necessary hosting consultations from the technical support service, whose contacts are indicated on the Provider’s website.

Scheduled technical maintenance — a set of technical operations performed by the Provider during an established time period necessary to maintain server functionality.

Emergency technical maintenance — a set of technical operations performed by the Provider on servers outside the scope of scheduled technical maintenance to eliminate causes of unavailability of services provided to the Customer. Such work may be caused by the need to install critical updates, patches, replace failed equipment, or perform other urgent work necessary to maintain server functionality. In case of emergency technical maintenance, the Provider undertakes to make every effort to notify the Customer about such work as early as possible.

1. Subject of the Agreement

1.1. The Provider undertakes to provide hosting services to the Customer (hereinafter — services) in accordance with the Service Provision Procedure. The list of services provided to the Customer under this Agreement is specified in the Order. The list, description, and cost of services are published on the Provider’s official website https://prodedic.com. The Provider maintains, provides technical support, and delivers services stipulated by this agreement — personally or with the involvement of third parties, including on terms of hosting rental (in whole or in part).

1.2. The Customer undertakes to pay for the selected services in accordance with the rates indicated on the Provider’s website within the tariff plan selected by the Customer and in the manner determined by this Agreement.

2. Service Provision Procedure

2.1. Having selected a virtual or dedicated server tariff plan, the Customer sends a service request to the Provider using the appropriate forms and tools on the Provider’s official website https://prodedic.com. Based on the received request, the Provider issues an electronic invoice to the Customer for payment of the selected service.

2.2. Services are provided to the Customer subject to prepayment for one or more billing periods based on the issued invoice.

2.3. The Provider maintains records of the Customer’s services and payments. Settlements under the Agreement are made in the national currency (hryvnia). For informational purposes, the customer is provided with price information in US dollars (USD) or Euro (EUR) at the Customer’s request. The Provider provides the Customer with access to information about all orders placed and payments made through the Order Management Panel.

2.4. When placing an order, as well as while using the service, the Customer undertakes to provide correct data, including a valid (not temporary) email address and current phone number of the Customer. If it is necessary to verify the authenticity of the Customer’s identity, the Customer undertakes to provide all data (documents) necessary for the Provider to conduct such verification.

2.5. Requests to the technical department can be sent through the Ticket system located in the client panel or by email: [email protected]. The payment amount for additionally provided services is calculated based on the time spent solving the assigned task and is non-refundable. The Provider reserves the right to refuse technical assistance without explanation.

2.6. When the Customer contacts the Provider regarding technical support issues, the Provider undertakes to perform operations requested by the Customer only after the latter provides their login and password, as well as personal data (surname, first name, patronymic), while the Provider has the right to reject the request to perform the requested operations in the following cases:

  • In case of incomplete or inaccurate information specified in this paragraph;
  • In case of damage by the Customer to files or operating system settings;
  • In case of impossibility of performing the requested changes due to technical features of service provision;
  • In case the request concerns the quality, correctness, and error-free functioning of software developed by third parties.

2.7. The technical support service does not provide consultations on programming, web design, script and program settings or installation, or other similar issues.

2.8. The Provider reserves the right, at its discretion, to ask the Customer to provide a photograph or scanned copy of an identity document (passport/foreign passport/driver’s license/other document confirming the Customer’s identity), and to refuse service provision without explanation. This provision applies to orders for services with a trial period, as well as paid orders in cases where preliminary order verification has shown the need to request documents confirming the Customer’s identity.

2.9. Before providing full access to the account, the Customer or their authorized representative must undergo a procedure to confirm ownership rights or legal control over the account. Other actions related to service use are performed in the same manner: management, temporary blocking, deletion, refund, etc. Such actions can be performed by the Provider only after successful completion of the procedure confirming the Customer’s right to own the account.

Criteria for confirming account ownership rights are listed below:

  • Confirm access rights to the email specified in the account;
  • Confirm access rights to the phone specified in the account;
  • Confirm the first and last name specified in the account by providing a scanned copy of passport;
  • Provide copies of utility payment receipts.

None of the above grounds can be considered absolute. The Customer agrees to the specified identification methods.

In cases where the Customer cannot pass verification by the specified method, the Provider makes a decision at its discretion. The Provider is not responsible for providing or not providing access to the Customer’s account.

2.10. The Provider sends notifications regarding services provided to the Customer to the Customer’s email address specified in the Client Panel.

3. Virtual or Dedicated Server Usage Service Provision Procedure

3.1. The Provider provides the Customer with access to information about their use of the ordered server(s) resources.

3.2. The Provider undertakes to notify the Customer about scheduled technical work on the Provider’s equipment in the client panel at least 24 hours before such work. In case of emergency technical work on the Provider’s equipment in the client panel, the Provider undertakes to make every effort to perform such work as quickly as possible and notify the Customer about such work as soon as possible.

3.3. In case of consumption of more than 5 TB of traffic when using the VPS service, the Provider has the right to reduce the server interface bandwidth to 10 Mbps until the end of the calendar month in which the traffic consumption was exceeded. From the first day of the next month, the speed limit will be returned to its original value.

3.4. Traffic is limited according to the tariff plan. When the traffic limit established by the tariff is exhausted, the Customer has the option to purchase additional traffic or upgrade to a higher plan. Funds paid for additional traffic are non-refundable. If the VPS exhausts the monthly traffic limit, the service may be blocked until the beginning of the next monthly period.

3.5. Disk space is allocated according to the tariff plan. Disk space of up to 4 GB may be occupied by the system and unavailable for content upload. The Customer has the option to order additional disk space or upgrade to a higher plan (if the current tariff plan allows). Funds paid for additional disk space are non-refundable.

4. Service Cost and Payment Procedure

4.1. The Provider has the right to unilaterally change prices for server usage services provided to the Customer, as well as other services provided by the Provider in case of a change in the Euro or US dollar exchange rate relative to other currencies by more than 5%. Changes in the Euro or US dollar exchange rate are determined based on changes in the interbank foreign exchange market rate. The cost of server usage services in Euro or US dollars remains unchanged from the moment of service order throughout the paid rental period.

The Provider has the right to unilaterally change prices for additional IP address services provided to the Customer, hosting panel licenses, and other additional services in case of price changes by third parties, rights holders of objects necessary for providing these services.

If the Customer has unpaid invoices at the time of price changes, these invoices are also amended in accordance with these changes.

4.2. Payment for services is made in the form of monthly prepayment to the Provider.

4.3. Payment is a fixed fee and is paid by the Customer regardless of actual service usage.

4.4. The Customer is fully responsible for the correctness and timeliness of payments made. If for any reason payment of an invoice cannot be made within the deadlines stipulated by the Agreement, the Customer undertakes to notify the Provider in writing at least 2 days before the end of the rental period. Payment deferral, information preservation, and server retention are at the Provider’s discretion, as well as technical capability at the data center.

4.5. Additional financial costs for paying the Provider’s invoices are paid by the Customer. When paying, the final transaction amount may be higher than the stated service cost due to additional conversion by the issuing bank or payment system.

4.6. In case of changes to the Provider’s bank details, the Customer is solely responsible for further payments made using old details.

4.7. Payments for service renewal are non-refundable.

4.8. When paying for an order with a bank card, payment processing (including card number entry) occurs on a secure page of a processing system that has passed international certification. This means that the Customer’s confidential data (card details, registration data, etc.) are not transferred to the Provider. Their processing is fully protected and no one, including administrators and support service, can access the Customer’s payment and banking data.

When working with card data, the information security standard developed by international payment systems Visa and MasterCard — Payment Card Industry Data Security Standard (PCI DSS) — is applied, ensuring secure processing of the Customer’s bank card details. The data transmission technology used guarantees transaction security with bank cards through the use of Secure Sockets Layer (SSL) protocols, Verified by Visa, Secure Code, and closed banking networks with the highest level of protection.

5. Rights and Obligations of the Parties

5.1. The Provider undertakes to:

5.1.1. Provide basic and additional services in accordance with the terms of the tariff plan selected by the Customer or an individual plan.

5.1.2. Provide technical consultations upon Customer request to the extent necessary for correct interaction between Parties when fulfilling the terms of this Agreement.

5.1.3. In case of non-performance or unsatisfactory provision of services under this Agreement and receipt of written notice from the Customer about early termination of the Agreement no later than three days from the moment of payment for services under this Agreement, refund to the Customer the cost of the paid service, excluding days used, additional services, third-party services or licenses, funds credited to the Customer’s balance in the Provider’s system as a reward for participating in the Provider’s promotions, as well as affiliate commissions credited to the Customer’s balance in the Provider’s system. Refund of the paid service cost is made within 10 (ten) business days from receipt of written notice. If written notice about early termination of the Agreement is received after three calendar days from the moment of payment for services under this Agreement, the Provider is released from obligations to refund the full or partial service cost to the Customer.

5.1.4. In case of violation of the terms of this Agreement, notify the Customer via email about detection of the violation.

5.1.5. Notify the Customer if the Provider detects attempts by third parties to harm the Customer’s website functionality, if special actions by the Provider are required to eliminate consequences or prevent such cases.

5.1.6. Notify the Customer about suspension of service provision.

5.1.7. Not disclose or use information regarding the Customer’s activities that became known to the Provider during performance of this Agreement for any purposes other than fulfilling the terms of this Agreement, except in cases provided by law.

5.2. The Customer undertakes to:

5.2.1. Provide complete and accurate information. The Provider is not responsible for consequences arising from incorrect data entered. If it is necessary to verify the authenticity of the Customer’s identity, provide all data (documents) necessary for the Provider to conduct such verification.

5.2.2. Comply with the terms set forth in this Agreement.

5.2.3. Make timely payment for services in accordance with the Agreement.

5.2.4. Not use any measures intentionally or unintentionally leading to disruption of the Provider’s software and/or systems functionality.

5.2.5. Not use the services provided by the Provider to conduct activities contrary to national and international legislation.

5.3. The Parties undertake not to transfer to third parties without mutual consent organizational, technological, and commercial information constituting a secret for either Party (hereinafter — “confidential information”), provided that:

  • Such information has actual or potential commercial value due to its being unknown to third parties;
  • Such information is not freely accessible on a legal basis;
  • The holder of such information takes appropriate measures to ensure its confidentiality.

5.4. The Customer has the right to:

5.4.1. Use purchased services at their discretion within the framework defined by legislation and this Agreement.

5.4.2. Receive technical consultations to the extent necessary for correct interaction between Parties when fulfilling the terms of this Agreement.

5.4.3. Address the Provider’s representative with suggestions regarding improvement of service quality and optimization of the process of their use by the Customer.

5.5. The Provider has the right to:

5.5.1. Fully or partially suspend service provision (at the Provider’s discretion) without prior additional notice in the following cases:

  • In case of Customer non-compliance with Agreement terms;
  • In case of repeated Customer non-compliance with instructions from Provider specialists regarding service use;
  • If the Provider has sufficient grounds to believe that any actions performed by the Customer using services provided to the Customer under this Agreement cause or may cause damage to the Provider, other customers, or normal functioning of the Provider’s system;
  • In case the Customer conducted unauthorized mass mailing (spam) in any form;
  • In case of DoS/DDoS attack on the Customer’s server that affects the functionality of the Provider’s technical equipment and network equipment. Service resumption is possible only at the Provider’s discretion. Refund of funds in case of service termination as a result of DoS/DDoS attack is not provided;
  • In case when providing service to the Customer harms the Provider’s business reputation;
  • Upon receipt of a request from authorized government agencies in case of violation of international legislation.

5.5.2. The Provider’s technical support service is not obligated to provide consultations on operating system settings or other software and is not responsible for unprofessional or unqualified actions by the Customer or their representatives regarding software installation and configuration.

5.5.3. In case of excessive Customer requirements for hardware or other Provider resources compared to the tariff plan selected by the Customer, offer the Customer a transition to another tariff (if the current tariff plan allows). In case of Customer refusal to change the tariff, the Customer’s requirements are considered duly fulfilled.

5.6. The Customer is prohibited from:

5.6.1. Using servers for email spam distribution and other types of mass mailings (software designed for sending messages to forums, chats, guestbooks, email, etc.), supporting hacking, cracking, and other illegal actions on the Internet. If mass spam mailings are detected, the Provider reserves the right to block the server or the ability to send email for the Customer’s service.

5.6.2. Placing any materials on servers that contradict the laws of countries specified in the server location or materials that violate third-party copyrights (pornography, pirated content, materials promoting violence, murder, racial hatred, ethnic discord, etc.).

5.6.3. In cases of placement of pornographic materials or “erotica,” since it is impossible to determine a clear boundary between them, such situations are resolved at the Administration’s discretion.

5.6.4. The Customer is prohibited from placing computer viruses of any type or malicious software on the disk space of the rented server.

5.6.5. Placement of illegal gaming services.

5.6.6. Mass email distribution.

5.6.7. Placement of various types of php-gateways, anonymizer scripts, gates, and proxies is strictly prohibited.

5.6.8. Installation of IRC servers, IRC bots, various network scanners is prohibited.

5.6.9. Placing Torrent trackers on the Provider’s equipment;

5.6.10. Placing websites on the Provider’s equipment engaged in selling private accounts (in gaming resources, third-party software, payment systems, mail systems, etc.);

5.6.11. Placing websites of HYIP projects, financial pyramid websites, or websites dedicated to creating financial pyramids and their analogs on the Provider’s equipment;

5.6.12. Placing websites on the Provider’s equipment that distribute, facilitate distribution, or describe the production of any narcotic substances or smoking mixtures;

5.6.13. Placing phishing resources on the Provider’s equipment;

5.6.14. Placing web resources of political movements and parties, websites directly or indirectly related to politics on the Provider’s equipment;

5.6.15. Placing websites on the Provider’s equipment dedicated to cardsharing topics or providing this service;

5.6.16. Placing websites on the Provider’s equipment directly or indirectly related to the sale of any drugs requiring a license without the appropriate license;

5.6.17. Placing websites on the Provider’s equipment directly or indirectly related to terrorist organizations officially recognized as such by national or international legislation, as well as websites related to anti-state activities.

5.6.18. Registration of multiple accounts by one user is prohibited. The website administration reserves the right to take any action, up to deletion of both multiple and primary accounts.

5.6.19. Using the Provider’s servers for unauthorized access and network attacks of various types is prohibited.

5.6.20. Using verification through various SMS services or from a mobile number that does not personally belong to the Customer is prohibited. In case of account activation via telegram, it must work and be constantly available.

6. Liability of the Parties

6.1. The Provider is not liable for:

6.1.1. Service interruptions if they were caused by actions of the Customer and/or third party.

6.1.2. Any loss caused to the Customer as a result of using services provided by the Provider in cases where the Customer was informed about the possibility of such losses or such losses are a consequence of the Customer’s actions or sudden server equipment failure.

6.1.3. Content and accuracy of any information transmitted or received through service provision.

6.1.4. Data loss or malfunction of equipment and software owned by the Customer and used by the Customer.

6.1.5. Loss of profit and/or income, as well as indirect losses of the Customer during the period of use or non-use (full or partial) of the Provider’s services.

6.1.6. Technical condition of the network to which the Customer is connected.

6.1.7. Content of information posted on the Customer’s website.

6.1.8. Integrity, accuracy, and presence of the Customer’s sites and data on the Provider’s server.

6.1.9. Problems related to the Customer’s use of unlicensed software and technical equipment.

6.1.10. Unqualified actions by the Customer or their representatives regarding service use.

6.1.11. Functionality of software tools provided to the Customer in cases when the Customer intentionally or unintentionally disrupted their functionality, deleted or made changes to system or service files.

6.1.12. Functionality and fitness for use of software and hardware developed by a third party.

6.1.13. Compliance of service results with Customer expectations.

6.1.14. Any Customer claims related to insufficient, in the Customer’s opinion, Customer awareness of the nature, character, components, and possible consequences of service provision.

6.1.15. Damage of any kind incurred by the Customer due to deletion and/or disclosure of their login and password.

6.2. The Customer is liable for:

6.2.1. Violations of current legislation committed by the Customer or third party through use of services provided to the Customer by the Provider.

6.2.2. Non-compliance with the terms of this Agreement.

6.2.3. Non-compliance with service payment terms and procedures.

6.2.4. Keeping service access parameters (login and password) confidential and for losses that may be caused as a result of unauthorized use of service access parameters.

6.2.5. Maintaining backup copies of data located on the server ordered by them.

7. Third-Party Software

7.1. The Provider provides the Customer with the opportunity to use software owned by third parties. The Provider does not guarantee achievement of any specific results that may be obtained when using such software. The Provider is not responsible for any malfunctions in the operation of such software.

7.2. The Customer has the right to add and use third-party software when using the Provider’s services only in cases when it is compatible with the services provided and approved by the Provider. The Customer uses third-party software at their own risk.

8. Transfer of Rights and Obligations

8.1. Each Party may transfer its rights and obligations under this Agreement in whole or in part to its successors, branches, subsidiaries, or other persons, about which the other Party must be notified in writing via email at least 14 (fourteen) calendar days before the transfer.

9. Dispute Resolution

9.1. All disputes and disagreements arising from performance of this Agreement are resolved by the Parties through negotiations.

9.2. In case of impossibility of reaching agreement between the Parties, the dispute is referred to court with established jurisdiction and venue in the manner determined by current legislation.

10. Force Majeure

10.1. Neither Party is liable for non-performance or improper performance of the terms of this Agreement if this became a consequence of force majeure about which the Parties could not have known in advance or could not have foreseen. Such circumstances include: fire, flood, earthquake, tsunami, tornado, hurricane, typhoon, landslides, salt flows, snow avalanches, volcanic eruptions, and other natural disasters, wars, revolutions, coups d’état, strikes, sabotage and terrorist acts, robberies, accidents in power supply and communication systems, changes in legislation, actions of government bodies and their officials, if these circumstances directly affect the performance of this Agreement.

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