Last updated: 18.05.2023
This public offer agreement (hereinafter referred to as the “Agreement”) is an official offer (public offer) of the company Hostio LLP, BIN 230440019705, Microdistrict 5, building 7, apt. 1, Almaty city, Auezov district, postal code 050062, Kazakhstan, hereinafter referred to as the "Seller" or "Company", to conclude an agreement for the provision of hosting services (hereinafter referred to as the "Services") to individuals and legal entities, hereinafter referred to as the "Client", in accordance with the laws of the Republic of Kazakhstan.
1. Terms and definitions
1.1 "Website" - an Internet resource https://spacehost.kz/, owned by the Seller and providing information about hosting services and the conditions for their use.
1.2 "Services" - hosting services, including, but not limited to, the provision of space on the server for hosting websites, SSL, protection from CLOUDFLARE, the provision of technical support, depending on the chosen tariff plan by the Client.
1.3 "Client" - an individual or legal entity accepting the terms of this Agreement and wishing to use the services provided by the Seller.
1.4 "User" means a natural or legal person visiting the Site and/or using the Services.
1.5. "Tariff plan" - the tariff plan on the site at the link https://spacehost.kz/eng/ is structured information about the available hosting services provided by the Company. It includes information about different hosting packages: starter, advanced and ultimate. Each of these packages provides information on available and additional services (e.g., SSL certificates, CLOUDFLARE protection, technical support), corresponding prices and subscription duration.
2. Subject of the agreement
2.1 The Seller undertakes to provide the Client with hosting services in accordance with the selected tariff plan provided on the Site, and the Client undertakes to pay for these services and comply with the terms of this Agreement.
2.2 Services are provided to the Client based on his consent to the terms of this Agreement by registering on the Site (acceptance). Before the registration procedure, the User must carefully read all the provisions of this Agreement and the Privacy Policy.
2.3 Tariffs for services and products indicated on the Site at the link https://spacehost.kz/eng/ contain a complete list and detailed characteristics of the services and products offered and their corresponding prices.
3. Rights and obligations of the parties
3.1 The Seller is obliged to:
3.1.1 Provide the Client with access to the hosting services in accordance with the terms of this Agreement and conditions specified on the Site.
3.1.2 Ensure that the servers and networks required for the provision of the Services operate to high standards of performance and reliability.
3.1.3 Ensure the confidentiality and protection of the Client's personal data in accordance with applicable law.
3.2 The Client is obliged to:
3.2.1 Comply with the terms of this Agreement, as well as the terms of using the Services and the Website provided by the Seller.
3.2.2 Provide authentic information about yourself when registering on the Site, necessary for the provision of the Services.
3.2.3 Pay for the Services in the terms and in the manner established by the Seller or agreed additionally with the Seller.
3.2.4 Use the hosting services provided only for lawful purposes and comply with the rules established by the Seller on the Site. The Client is responsible for the content of his website and other information resources hosted on the Seller's server.
3.3 The Seller has the right:
3.3.1 Change the prices for hosting services, as well as the conditions for their provision. Changes come into force from the moment they are published on the Website, unless otherwise provided by an additional agreement between the Parties.
3.3.2 Suspend or terminate the provision of hosting services in case of violation by the Client of the terms of this Agreement or the rules for using the services established by the Seller.
3.3.3 Demand payment for the provided hosting services in accordance with the selected tariff plan and payment terms.
3.3.4 Suspend or terminate the provision of hosting services in case of debt on the part of the Client.
3.4 The client has the right:
3.4.1 Receive hosting services after payment in accordance with the selected tariff plan and the conditions established on the Site.
3.4.2 Use the space provided to him on the server to host his websites.
3.4.3 Terminate this Agreement by notifying the Seller in accordance with the terms of this Agreement.
4. Payments and pricing; duration of service provision
4.1 The cost of the Services and the procedure for their payment are indicated on the Seller's Website and can be changed by the Seller unilaterally. Changes come into force from the moment they are published on the Site.
4.2 Payment for the Services is carried out by the Client in accordance with the tariff plan chosen by him and the payment method indicated on the Site.
4.3 Payment methods:
4.3.1 The Client has the right to choose the payment method for hosting services either in tenge or US dollars.
4.3.2 In case of payment in tenge, the Client undertakes to make payment in the national currency of the Republic of Kazakhstan, using the available payment methods indicated on the Site or provided by the Seller.
4.3.3 In the case of payment in US dollars, the Client undertakes to pay in the specified currency using the available payment methods indicated on the Website or provided by the Seller.
4.3.4 The Client is responsible for paying all necessary fees associated with the chosen payment method, such as payment system fees, bank fees and others.
4.3.5 If there is a fluctuation in the exchange rate between tenge and US dollars, the Seller retains the right to adjust the prices for hosting services offered in US dollars.
4.3.6 The Client is granted the option to select the method of payment for hosting services, wherein they may opt to utilize either a MasterCard or Visa bank card.
4.3.7 In order to make a payment using a MasterCard or Visa bank card, the Client is required to provide relevant information about his card, including the card number, expiration date, cardholder name and security code (CVV code).
4.3.8 All information about the Customer's card when making payments will be used only for the purposes of processing payments and processed by a third-party provider.
4.4 The client agrees that he is responsible for the sufficiency of funds on his bank card to pay for hosting services. In case of insufficient funds or other problems with payment, the Client must contact his bank or card issuer to resolve such issues.
4.5 The Seller is not responsible for possible problems associated with the operation of payment systems, banks or card issuers, which may affect the payment process and the timeliness of the provision of hosting services.
4.6 If the payment is successful, the Client will receive a confirmation of payment and relevant information about the status of his hosting account.
4.7 The Seller reserves the right to impose restrictions on the use of certain types of bank cards or to conduct additional checks to ensure the security of payments.
4.8 In case of late payment for the Services, the Seller has the right to restrict or suspend the Client's access to the Services until the full payment of the debt.
4.9 Duration of service provision:
4.9.1 The Seller undertakes to start providing hosting services to the Client within 1-3 working days after confirmation of payment and receipt of the necessary information from the Client.
4.9.2 The Client is entitled to use and access certain services or functionality provided on the Website for a selected period (one (1) month, six (6) or twelve (12) months) – hereinafter referred to as “Subscription”, after the full payment for the selected tariff plan.
5. Cancellation and refund
5.1 The Client may cancel the subscription at any time by notifying the Seller by e-mail 10 working days before the desired cancellation date. After such a request, the Seller will contact you to clarify the details and confirm ownership of the account. In the event of cancellation of the subscription, the Client is obliged to pay all prices and fees for the services that were used up to the date of cancellation.
5.2 When canceling a subscription, the Client is only entitled to a refund of the portion of the subscription cost corresponding to the unused period, unless the subscription was purchased at a discount or as part of a special offer. Please be aware that this condition only applies to unused portions of the subscription.
5.3 If the services were not provided to the Client due to a failure of the payment system or a technical failure, as a result of which the Seller cannot deliver the order within the expected time frame, and the Client does not wish to continue waiting, the Client has the opportunity to receive a full refund of the order. The Seller reserves the right to decide on the return of the full amount to the Client.
5.4 In case of full use of the services purchased on the site, the Seller does not provide the possibility of returning the amount paid for these services.
5.5 Subscription cancellation procedure:
5.5.1 To cancel a subscription for 1, 6 or 12 months, the Client must send a request to the e-mail specified on the website https://spacehost.kz/rus/. In the request, the Client must specify data confirming the purchase of a subscription.
5.5.2 Unsubscribing may take up to 10 business days to be processed. After processing the request to cancel the subscription, the user will receive confirmation of the cancellation of the subscription and a possible refund.
6. Registration on the Website
6.1 Registration is available for individuals over 18 years of age. We do not provide services and can restrict access to the registration of persons from the following territories: Afghanistan, Cuba, Iran, North Korea, Syria, Russian Federation, Belarus, Regions of Ukraine: Crimea, Donetsk and Luhansk regions, Myanmar (Burma), Central African Republic, China, Congo, Lebanon, Libya, Mali, Nicaragua, Somalia, Sudan, Venezuela, Yemen, Zimbabwe. The above list is not exhaustive and may be updated at any time without notice.
6.2 During registration, the user may be asked to provide certain information such as name, email address, contact details and other details necessary to create an account. The seller reserves the right to request additional documents during the registration procedure on its website for several reasons. Such reasons may include:
Identity Verification: The Company may require documents that verify your identity, such as a scanned copy of your passport, driver's license or ID card. This may be necessary for security and fraud prevention purposes.
Proof of Address: In some cases, the company may request documents to verify your physical address. This could be a utility bill, a bank statement, or other documents that show your address.
Business Documents: If you are registering on behalf of a company or organization, you may need additional documents related to your business. For example, this could be a company registration certificate, an extract from the business register, or a tax return.
Confirmation and Activation: In some cases, after filling out the registration form, the user may be required to confirm their email or activate the account through a link sent to the specified email address.
6.3 The user must select a username (login) and password to be used for authorization on the site. Sometimes password length or complexity requirements may be set to keep the account secure.
7. Terms of use of the Website
7.1 Access to and use of the Website is subject to these Terms of Use. The user is obliged to read the Terms of Use and comply with them when using the Website.
7.2 The User agrees that access to and use of the Website constitutes full and unconditional acceptance of the Terms of Use.
7.4 All intellectual property rights in relation to the Website, including texts, graphics, logos, images, audio and video materials, software and other materials, belong to the Company or third parties who have granted us the appropriate rights.
7.5 The User does not acquire any rights to intellectual property owned by the Company or third parties, and unauthorized use, copying, distribution or modification of such material is a violation of copyright and other rights.
7.6 We provide the Website and its services "as is" and are not responsible for possible errors, interruptions, delays or malfunctions in its operation.
7.7 We do not guarantee the availability or uninterrupted operation of the Website, and we are not responsible for any damages, direct or indirect, resulting from the use of the Website or the inability to use it.
7.8 We are not responsible for the content, accuracy or security of third-party websites to which our Website may contain links. The user is solely responsible for following such links and using third-party resources.
7.9 We reserve the right to change these Terms of Use at any time without prior notice. Changes come into force from the moment they are published on the Site. Continued use of the Site following the posting of changes to the Terms of Use constitutes acceptance of such changes by the User.
8. Limitation of Liability
8.1 The Seller is not responsible for the temporary termination of the provision of the Services due to technical failures or emergency situations beyond its control.
8.2 The Parties acknowledge that the servers and networks used to provide hosting services may require maintenance, repair or upgrades from time to time. The Seller makes all reasonable efforts to minimize the temporary interruption of access to hosting services associated with such work, but cannot guarantee their uninterrupted operation.
8.3 The Seller is not responsible for possible losses or damages incurred by the Client or third parties as a result of using the Services provided by the Seller.
8.2 The Seller is not responsible for the illegality, unacceptability or copyright infringement of content posted by Clients on our hosting service.
8.3 The Seller does not pre-moderate or check the content posted by Clients. All responsibility for the selection and placement of content lies entirely with the Clients themselves.
9. Privacy
9.1 The Seller undertakes to process the Client's personal data in accordance with applicable law and the Privacy Policy published on the Website.
9.2 The Client agrees that the Seller may use his personal data for purposes related to the provision of the Services, including to inform about new services and promotions.
10. Amendments and termination of the Agreement
10.1 The Seller has the right to unilaterally change the terms of this Agreement by posting a new version on the Website. Changes come into force from the day they are posted, unless otherwise specified in the new version of the Agreement.
10.2 The Client has the right to terminate this Agreement at any time by notifying the Seller in writing.
11. Miscellaneous
11.1 This Agreement is a public offer and is valid until it is changed or withdrawn by the Seller.
11.2 All disputes and disagreements arising from this Agreement, the parties will seek to resolve through negotiations. If it is impossible to reach an agreement, disputes are subject to judicial review in accordance with the current legislation of the Republic of Kazakhstan.
11.3 This Agreement is drawn up in English and has equal legal force for both parties.
11.4 The invalidity or illegality of any provision of this Agreement does not entail the invalidity or illegality of the remaining provisions.