Service Agreement

The Registrar, LLC “Он-лайн”, hereinafter the Registrar, of the one part, and the user of the domain name delegation service, hereinafter the Registrant, of the other part;

This Service Agreement is a public contract under Article 633 of the Civil Code of Ukraine and has the corresponding legal effect. Payment made by the Registrant to the Registrar in accordance with clause 2.1 confirms the Registrant’s conclusion of this Service Agreement.

The service procedures described in this document are based on the rules of the Internet Corporation for Assigned Names and Numbers (ICANN), the rules of the .UA top-level domain, the internal rules of administrators of geographical subdomains within .UA, and the Registrar’s own rules.

By accepting this Agreement, the Registrant consents to receiving email and SMS messages concerning the provision of services under this Agreement.

Hereinafter, the Registrar and the Registrant, together referred to as the Parties, agree to the following terms:

1. Subject of the Agreement

1.1. Under this Agreement, the Registrar undertakes to register and maintain a domain name on the Internet, and the Registrant undertakes to accept and pay for these services.

1.2. By accepting this Agreement, the Registrant accepts the rules, time limits, restrictions and general terms of cooperation described in this document.

1.3. In performing and/or interpreting this Agreement, the Parties undertake to comply strictly with the applicable laws of Ukraine.

2. Conditions for performance of the Agreement

2.1. Within 1 (one) working day after receipt of payment for an order, the Registrar begins the domain name registration or renewal procedure. The Registrar undertakes to inform the Registrant when the procedure begins and, upon its completion, provide the information necessary to manage the domain name.

2.2. Domain registration is carried out within the period specified by the rules of the particular domain zone (see “Domain registration rules”).

2.3. A domain name is registered for a period in whole years.

2.4. Domain delegation is an irreversible service. Payment cannot be refunded after domain registration at any point during the registration period.

2.5. Once a domain is registered, a separate control panel is created on BESTNAME.UA. It allows mail and domain forwarding, changes to DNS settings and nameservers (NS), and changes to the information displayed in WHOIS. The Registrant may request technical support at any time of day. The domain owner retains the right to redelegate the domain name throughout the registration period.

3. Payment procedures and prices

3.1. The service price is determined by the current price list. Payment may be made using one of the methods listed in the “Payment methods” section of the website. The time required to transfer payment may vary depending on the payment system chosen. The Registrar is not responsible for delays, interruptions or errors in payment systems.

3.2. Payment must include the required payment identifier. Processing of a payment without the appropriate identifiers will be postponed.

3.3. Service provision begins upon receipt of payment. Until then, the Registrar has no obligations to the Registrant concerning registration or reservation of domain delegation rights.

3.4. The Registrant may renew the service at any time during an already paid period, except for certain zones (see “Domain registration rules”); paid delegation periods are added together.

3.5. If payment is not received, domain operation is automatically suspended on the day the paid period expires. The Registrar is not responsible for the possible consequences of domain suspension.

3.6. The service may be renewed within 15 calendar days after the paid period expires, unless the registered domain zone’s rules provide otherwise. During this period, ownership rights to the domain remain with the Registrant.

3.7. Failure to pay for renewal within 15 (fifteen) calendar days after expiration gives the Registrar the right to terminate the Agreement.

4. Rights and obligations of the Registrant

4.1. The Registrant warrants that the Registrant is duly registered and lawfully exists under the laws of Ukraine.

4.2. The Registrar provides the full range of services necessary to manage a domain name. The Registrant must have the minimum knowledge required to manage the account. The Registrar is not obliged to train the Registrant or provide technical information other than information directly related to the specific features of these services.

4.3. By accepting this Service Agreement, the Registrant confirms that, to the Registrant’s knowledge, neither registration nor use of the domain name infringes third-party intellectual property rights or the applicable laws of Ukraine.

4.4. If third parties raise claims or disputes or impose penalties in connection with information published on a page using the domain name, the Registrant shall resolve these matters independently without involving the Registrar, and shall fully compensate the Registrar for losses and expenses, including penalties.

4.5. The Registrant undertakes not to transfer or delegate performance of this Agreement or rights under it.

4.6. The Registrant, as the holder of rights to the domain name, is identified by the entry in the corresponding section of the domain control panel.

4.7. The Registrant undertakes to provide accurate and truthful information in full as required by the domain zone’s registration rules. The Registrant also undertakes to provide duly certified copies of documents if additionally required by those rules.

4.8. The Registrant shall use the service lawfully, comply with the standards and rules for using data networks, and be responsible for non-compliance under the applicable laws of Ukraine.

4.9. If pricing policy changes, the Registrant may continue using the services at the previous rates throughout the prepaid period.

4.10. The Registrant is the sole holder of the login (UserName) and password (PassWord). The Registrar may send lost passwords and/or replace them only upon a written request from the contact email address and only to that contact email address. The contact email address is the primary identifier for technical correspondence and account management. If the Registrant loses access to the contact email address, password recovery is possible only upon presentation of documents confirming the Registrant’s identity or authority. When ownership changes and/or a login or password is recovered, the Registrar may, where the Registrant is using an authenticated account, require identification by sending an SMS message to the Customer’s contact number specified in the Agreement.

4.11. The Registrant bears responsibility for loss of a login and/or password that may allow another person to take over the account and, as a consequence, change and/or delete all or part of the information in that account.

5. Rights and obligations of the Registrar

5.1. By accepting this Agreement, the Registrant authorises the Registrar to collect, store, process, use and disclose the personal data of the Customer and/or authorised persons to the extent necessary to provide the service.

5.2. The Registrar is not liable for losses suffered by the Registrar or third parties as a result of an incorrect understanding or misunderstanding of this Service Agreement, instructions or guidance on using the services, placing data, or other technical matters.

5.3. The Registrar is not responsible for the collection, storage, processing, use or disclosure of the Customer’s personal data by third parties who are not employed by the Registrar.

5.6. The Registrant acknowledges that failure to take due care of the security and protection of personal data and authentication details may allow third parties to gain unauthorised access to the account and the Registrant’s personal or other data. The Registrar is not liable for losses arising from such situations.

5.7. The Registrar collects personal information, including first name, surname, patronymic, passport details, company name, company details, contact telephone numbers, email address and company location. All information is collected as provided and is not altered during collection.

5.8. The Registrar may use the Registrant’s details (first name, surname, patronymic, email address, company name, company details, contact telephone numbers, email address and company location) in the personal user control panel on the Registrar’s bestname.com.ua website.

5.9. The Registrar may use the Registrant’s contact information for mailings, including technical and financial correspondence, domain delegation reminders and notices, and information about technical changes, new features, promotions and the Registrar’s news.

5.10. The Registrar undertakes not to disclose personal data to third parties except in the following cases:

5.10.1. The Registrant authorises the Registrar to disclose Customers’ personal data to third parties providing services to the Registrar, including, but not limited to, processing payments, transferring payment information, or delivering mail or parcels. Such third parties may use Registrant information only when providing services to the Registrar and only to the extent necessary to provide those services.

5.10.2. Personal data may be disclosed without the consent of the Registrant or an authorised representative in response to substantiated requests from government authorities entitled to request and obtain such data, and in other cases specified by law.

5.11. The Registrar undertakes to take all reasonable precautions to protect data confidentiality. Collected data is stored on one or more secure database servers. Only employees performing the necessary domain service functions and who have signed an agreement prohibiting disclosure of Registrant information to third parties may access the Customer’s personal information.

5.12. The Registrar undertakes to provide the Registrant with complete information about the service provided, explain its financial procedures, and provide the necessary documentation.

5.13. The Registrar undertakes to inform the Registrant of the expiry of domain delegation no earlier than 30 calendar days before expiry.

6. Liability of the Parties and termination of the Agreement

6.1. The Registrar reserves the right to suspend service to the Registrant or terminate the Agreement unconditionally in the following cases:

6.1.1. — failure or deliberate refusal by the Registrant to fulfil obligations under this Service Agreement;

6.1.2. — systematic breaches of generally accepted network etiquette, including spam; material damaging the honour or dignity of individuals or the business reputation of legal entities; material inciting ethnic or interfaith discord; pornography; material involving trade in weapons or drugs; promotion of prostitution; and similar content; or material infringing copyright or intellectual property protection laws;

6.1.3. — information contrary to the laws of Ukraine placed by the Registrant on the Registrant’s virtual web server;

6.1.4. — any support for spam, hacking, cracking or other unlawful activities on the Internet;

6.1.5. — a court decision or other cases provided by applicable law;

6.2. Termination means complete cessation of domain name maintenance, followed by release of the domain. The Registrar is not liable for losses suffered by the Registrant as a result of termination.

6.3. The Registrar may suspend services if its representatives classify actions by the Registrant or third parties as causing, or capable of causing, harm to the Registrar or other Registrants.

6.4. If the Registrar discovers or suspects that the Registrant has supplied inaccurate information while using the services, the Registrar may suspend services and, at its discretion, require documentary proof of the authenticity of personal data and contact information to identify the holders of rights to domain names and services accurately. If the Registrant fails to provide the required documents within 10 calendar days after suspension, the Registrar may terminate the Agreement and subsequently delete all Registrant data.

6.5. The Registrar undertakes to fulfil in full the obligations described in this Service Agreement.

6.6. The Registrar is not liable to the Registrant or third parties for damage, loss and/or lost profit resulting from:

6.6.1. — failure of or damage to technical equipment;

6.6.2. — problems, delays, interruptions or omissions in data transmission or connection;

6.6.3. — software errors;

6.6.4. — force majeure in its generally accepted meaning;

6.6.5. — an incorrect understanding or misunderstanding of this Service Agreement, instructions or guidance on using the services, placing data, or other technical matters.

6.7. Given the nature of the Registrar’s activities, unconditional fulfilment of an order is not guaranteed. An order may be impossible to fulfil or may be delayed because of human factors, undetected technical errors, delays involving third-party organisations, or force majeure caused by social or natural disasters.

6.8. If the Registrar cannot perform its obligations for the reasons described above, its liability is limited to the amounts received from customers.

6.9. Payments made by the Customer are not refunded in the following cases:

6.9.1. the customer declines a domain registration or renewal service that has been provided;

6.9.2. domain registration is cancelled before expiry, including by a court decision;

6.9.3. the domain name is redelegated to another person, including by a court decision;

6.9.4. the Customer breaches this Service Agreement;

6.10. On early termination, the unused portion of the Customer’s payment is not refunded.

6.11. The initial Agreement is concluded for 1 (one) year and is automatically renewed for each subsequent period.

6.12. If services remain unpaid for 15 calendar days after the prepaid period expires, the Agreement is considered automatically terminated.

6.13. To terminate the Agreement early, the domain’s Registrant must prepare an application in the prescribed form and send it to the Registrar by fax or as a scanned copy from the contact email address.

6.14. If the Registrant is a legal entity, termination requires a letter from the owning organisation bearing its seal and the signature of its head.

• Sample application to terminate the Service Agreement for an individual (Appendix 7)

• Sample application to terminate the Service Agreement for a legal entity (Appendix 8)

6.15. The Registrar is not liable for the consequences of the Registrant’s use or misuse of domain names, including consequences affecting third parties.

6.16. In the domain Registrant’s interests and to provide a common procedure for domain registration and management, the Registrar may enter its own contact details in the WHOIS services of various domain zone administrators. The Registrar undertakes to change the domain name’s details upon the Registrant’s request.

7. Transfer of domain name rights to another Registrant.

7.1. Rights to use a domain name are transferred to another Registrant upon the current domain Registrant’s request.

7.2. To begin a transfer of domain name rights, the Registrant must prepare an application in the prescribed form and send it to the Registrar by fax or as a scanned copy from the contact email address.

7.2.1. If the domain Registrant is a legal entity, transferring domain rights requires a letter from the owning organisation bearing its seal and the signature of its head.

• Sample application to transfer domain rights to a new owner who is an individual (Appendix 1)

• Sample application to transfer domain rights to a new owner who is a legal entity (Appendix 2)

7.2.2. If the domain Registrant is an individual, the owner must prepare an application with scanned copies of the first and second pages of the passport containing the Registrant’s signature.

• Sample application to transfer domain rights to a new owner who is an individual (Appendix 3)

• Sample application to transfer domain rights to a new owner who is a legal entity (Appendix 4)

7.3. To protect the procedures, the Registrar reserves the right to request additional information or take measures appropriate to the circumstances to establish an application’s authenticity, including notarisation of documents. For termination of the Service Agreement, transfer of domain rights to a new owner, or transfer of control over the domain name to another registrar, an individual Registrant submitting the applications required by this Agreement must attach scanned copies of the first and second passport pages containing the Registrant’s signature, or provide a notarised application. The Registrar undertakes to use document copies solely to identify the domain owner. The Registrar retains electronic or paper copies of the documents provided by the Registrant throughout the Agreement’s term.

7.4. The Registrant undertakes to provide all information requested by the Registrar concerning the transfer of domain rights.

8. Transfer of domain names to another registrar.

8.1. Control over a domain name is transferred to another registrar exclusively upon the domain Registrant’s request.

8.2. To begin a domain name transfer, the Registrant must prepare an application in the prescribed form and send it to the Registrar by fax or as a scanned copy from the contact email address.

Domain name transfer application forms:

• for legal entities (Appendix 5)

• for individuals (Appendix 6)

8.3. A domain name transfer is technically possible only during the domain name’s validity period.

8.4. The transfer procedure may differ between domain zones depending on their internal rules, the receiving registrar’s procedures, and the general characteristics of the field.

8.5. Once a domain name is transferred to another Registrar, this Service Agreement is automatically considered terminated.