TERMS AND CONDITIONS OF THE PAID SERVICE CONTRACT

Definitions

The Contract is an agreement concluded between the Contractor and the Client for the service provision according to the Terms and Conditions of the Paid Service Contract laid down herein.

The Contractor is a private limited company SmartApe OÜ (registry code 16124388), registered at: Harju maakond, Tallinn, Kesklinna linnaosa, Vesivärava tn 50-301, 10152, Estonia and responsible for the service provision provided on the website of www.smartape.net governed by the Contract.

The Client is a natural or legal person who has concluded an agreement for the service provision with the Contractor on the website of www.smartape.net.

A Party is the Contractor or the Client.

The Parties are the Contractor and the Client collectively.

A Domain name is a specific alphabetic sequence that indicates the name of the website or used in the names of e-mail boxes, it must begin and end with a Latin letter or a number. Interstitial characters can be Latin letters, numbers, or hyphens.

Domain name registration is the entering of information about the domain name into the Register.

Re-registration of the domain name is the entering of information about the extension of the registration period for one year into the Register.

The Registry is a centralized set of domain databases containing information about registered domain names.

SPAM is the mass mailing of e-mail, ICQ and other predominantly promotional messages.

The dedicated server is a server owned by the Contractor, whose resources are available to the Client.

OS is the operating system.

SW is the software.

The IP address is the device address on the Internet.

The Account is the Client data specified in the «Payers» section.

The Registrar is a legal entity that provides services for the registration of domain names and ensures the transfer to the Register of the necessary information which the Contractor has a contract with.

Traffic is the amount of information transmitted over the network.

The Ticket system is a system of messaging between the Client and the Contractor, by sending/receiving requests via an electronic form located in the control panel of the Client's account at https://cp.smartape.net.

The Reporting period is the period from the first to the last day of the calendar month in which the services were provided.

The Control panel is the web interface presented to the Client by the Client for service management.

The Order in the Control Panel is the selection (change of composition) of services provided by the Client, carried out by the Client using the services provided by the Control Panel.

The DDoS-attack is the cyber-attack on the Client's resources with the help of distributed infrastructure (BotNet) in order to reduce the quality or cause the failure of the Client's services, and, as a result, disrupt the normal provision of Services by the Client.

1. SUBJECT OF CONTRACT

1.1. The Contract shall be concluded between the Client and the Contractor with the purpose of regulating legal relationships between the Parties which are the basis and arise upon the service provision by the Contractor to the Client.

1.2. During the term and in accordance with the terms of this Contract and its Annexes, which are an integral part of this Contract, the Contractor shall provide the Client information and technical services (hereinafter the Services) ordered on the Contractor's website https://www.smartape.net, as well as in the Control Panel at https://cp.smartape.net, and the Client undertakes to pay for the Services by tariffs in accordance with the procedure established by this Contract, as specified in the relevant Annexes to this Contract.

1.3. In accordance with the terms of this Contract and its Annexes, the Contractor undertakes to provide Services for the activation, deactivation and changing of the parameters of the services provided.

1.4. The list of services provided to the Client, its price and features, guarantees and technical properties, cost, amount, as well as the order of services are defined in the Annexes to this Contract.

1.5. The Contractor confirms that:

1.5.1. The Contractor has the equipment, tools and any means to provide the Services on the basis of the Contract;

1.5.2. conclusion of the Contract does not violate any Contractor’s rights or obligations with any third parties or if derived from legal acts, administrative acts or court resolutions.

1.6. The Client confirms that:

1.6.1. upon conclusion of the Contract, provided personal data is correct and the Client has active legal capacity.

1.6.2. prior the conclusion of the Contract the terms are unequivocally understandable and The Client has examined the Contract, and is aware of the obligations and rights that arise on the basis of the Contract

1.6.3. conclusion of the Contract does not violate any Client’s rights or obligations with any third parties or if derived from legal acts, administrative acts or court resolutions.

2. THE RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The Contractor is obliged:

2.1.1. to provide the Client Services properly, in amount and terms specified in this Contract and its Annexes;

2.1.2. to notify the Client via electronic communication about the planned technical breaks in the provision of Services;

2.1.3. in case of changes in the consumer quality of the Service, to inform about these changes by publishing such information on the website of the Contractor https://www.smartape.net;

2.1.4. within 5 (five) working days to eliminate the malfunctions interfering use of Services if these malfunctions are in the Contractor responsibility zone. There is the equipment that is owned or leased by the Contractor or owned or leased by third parties involved by the Contractor in the Contractor responsibility zone;

2.1.5. to comply properly with all the terms of this Contract and its Annexes.

2.2. The Contractor has the right:

2.2.1. to verify compliance with the terms and restrictions on the use of the Services by the Client;

2.2.2. to make changes to the technical properties and features of Services aimed at improving the quality of consumer Services, provided that the amount of functions available to the Client will not be reduced when using the Services;

2.2.3. to involve third parties in the performance of their obligations under the Contract, remaining fully responsible for the actions of the involved persons; 2.2.4. to demand from the Client additional payment if due to fault or initiative of the last the amount of actually rendered Services exceeded the amount of services provided by conditions of this Contract, Appendixes to it and the Order in the Control Panel;

2.2.5. in case of non-receipt of payment from the Client or receipt of payment is not full, to immediately suspend the provision of Services until payment, notifying the Client, and if the delay in payment exceeds 20 (twenty) days from the date of the invoice by the Client - unilaterally terminate this Contract. In case of the Contract termination for these reasons, the Client is not exempt from the obligation to repay the debt;

2.2.6. to change the terms of this Contract and its Annexes unilaterally, notifying the Client about it by publishing the relevant announcement on the Contractor's website https://www.smartape.net. If the Client has not terminated the Contract before the introduction of new tariffs and/or terms of service, the changes in the terms of this Contract and its Annexes, tariffs, in the relevant part shall be deemed accepted by the Client;

2.2.7. to immediately, with or without prior notice, suspend the provision of Services to the Client, including disabling software or hardware of the Client (including in the case of seizure, confiscation of software or hardware of the Client, etc.), on the basis of official instructions of the authorized state body in accordance with the legislation of the Republic of Estonia;

2.2.8. to immediately, with or without prior notice, suspend the provision of Services to the Client, including disabling the software or hardware of the Client, in cases of:

the Client's violations of the terms of the Contract’s usage;
detection of the DDoS attack aimed at the Client's equipment or network resource, if the Client does not use the Anti-DDoS service provided by the Contractor;
if the provision of Services can pose a threat to the security and defense of the state, health, and safety of people;
the Rules violations of the equipment technical operation by the Client;
the actions or inaction of the Client, which can lead to failure of technical and/or software of the Contractor and third parties;
the implementation by the Client of actions aimed at disrupting the normal functioning of the Internet elements;
the implementation by the Client of other actions which are directly forbidden, or not provided by the Contract, but containing the set of an administrative or criminal offense, or violating the rights and legitimate interests of the third parties;

2.2.9. During the entire term of this Contract, in case of doubts about the accuracy of the data provided by the Client, to request additional information and (or) require confirmation of the data provided. The request is sent by e-mail to the Client’s contact address. If this information is not provided by the Client within 3 (three) calendar days from the date of the first request, the Contractor shall be entitled to:

reject the Client's request for a new Service;
suspend the provision of Services to the Client;
reject the Client's application for extension of the Service.
The above restrictions shall be lifted within 3 (three) working days from the date of submission of the requested information by the Client. In case of failure to provide the required information within 10 (ten) calendar days from the date of the first request, the Contractor may terminate this Contract;

2.2.10. time of suspension of services for the reasons specified in p.p. 2.2.5., 2.2.7., 2.2.8., 2.2.9. and 2.2.11. of this Contract shall not be considered as a break in the provision of the Services and shall not be considered as a violation by the Contractor of its obligations under this Contract. The time of suspension shall be payable in accordance with the terms of this Contract and its Annexes;

2.2.11. to suspend the provision of Services for the time required for preventive (routine) work in the networks and facilities of the Contractor;

2.2.12. The Contractor undertakes to notify the Client in advance by electronic communication about carrying out preventive (routine) works in the networks and at the Contractor's facilities;

2.2.13. other rights of the Contractor are reflected in the Contract and its Annexes.

2.3. The Client undertakes:

2.3.1. to use the Services only in accordance with the terms of this Contract and its Annexes;

2.3.2. to accept and pay for the Services of the Contractor timely in the amount and within the terms established by the Contract and its Annexes;

2.3.3. to provide the Contractor with an opportunity to freely check compliance with the terms and restrictions in the process of using the Services;

2.3.4. to independently maintain the communication channels performance and/or equipment necessary to obtain Services and are outside the area of responsibility/control of the Contractor. There are communication channels and equipment owned or leased by the Contractor in the Contractor’s responsibility zone;

2.3.5. to provide the Contractor with the materials, documents and information necessary to perform the Contractor's duties under this Contract;

2.3.6. to provide and to update in case of change in the contact information of the Client's contact personnel within 3 days from the date of such changes through the ticket system;

2.3.7. to ensure the confidentiality of an account information (assigned to the Client login and password). The Client is fully exposed to the risk of the consequences of the loss of authorization data;

2.3.8. at least once a week to get acquainted with the official information related to the provision of Services published on the Contractor's website https://www.smartape.net;

2.3.9. to properly comply with all the terms of this Contract.

2.4. The Client has the right:

2.4.1. to use the Contractor Services within the limits established by the Contract and its Annexes;

2.4.4. to transfer the rights and obligations under this Contract to other individuals or legal entities only with the Contractor’s written permission;

2.4.5. to use the Services in conjunction with any third parties, including free of charge;

2.4.6. to exceed the parameters of Services specified in the Contract and its Annexes, the Order in the Control Panel subject to the terms of paragraph 2.4.7 of this Contract;

2.4.7. to use the Services subject to the following restrictions: the services Provided do not have guaranteed protection against errors or incorrect actions in the process of using the Service; in case of excess by the Client fixed in the Contract and its Annexes, in the Order in the Control Panel of quantitative parameters of the Service, deterioration of its quality parameters is allowed.

2.4.8. to contact the Contractor on the provision of additional Services to the Client;

2.4.9. to change the number of ordered Services subject to notification of the Contractor through the ticket system at least 10 working days. These changes take effect from the moment of changing the Service parameters in the Control Panel;

2.4.10. to refuse the ordered Services subject to notification of the Contractor through the ticket system at least 10 working days ahead and on the terms specified in paragraph 7.11. The refusal takes effect from the moment of service deactivation in the Control Panel;

2.4.11. to independently carry out the backup of their data at intervals to avoid loss of information in cases of interruptions in the provision of Services caused by the accident and other reasons beyond the control of the Contractor;

2.4.12. the other rights of the Client are reflected in the Contract and its Annexes.

3. THE PROCEDURE FOR THE PROVISION AND ACCEPTANCE OF SERVICES

3.1. The contact personnel interaction of both Client and Contractor in the process of consumption of services is carried out through a centralized support service of the Contractor, in accordance with the rules published on the Contractor's website https://www.smartape.net the contact personnel of the Client for interaction with the Contractor is specified in the Control Panel of the Client's account at the address https://cp.smartape.net.

3.2. In case of unsatisfactory quality or interruptions in the process of using the Services, the Client's contact person shall notify the Contractor's support service. The period of interruption in use of the Services shall be counted from the moment of confirmation by the Contractor of the information from the registered application of the Client's contact person and ends at the time of informing the Client's contact person about the resumption of the services.

3.3. Delivery and acceptance of Services is made on the basis of the Act of delivery and acceptance of services. The certificate of work performed on paper is sent to the Client by mail at the beginning of each quarter for the previous one if there is an official request on the form of the organization with the current postal address.

3.4. At the end of the reporting period, the Contractor forms the act of acceptance of services in electronic form, which is available on request to the Financial Department in the personal account at cp.smartape.net, or on request by e-mail finance@smartape.net.

3.5. The Client within 3 (three) working days from the date of receipt of the acceptance of services act is obliged to send to the Contractor 1 (one) copy of the signed the acceptance of services or a written reasoned refusal to accept the services rendered by mail.

3.6. In case of failure to provide a reasoned refusal and non-fulfilment by the Client of the terms of the Services acceptance, Services are considered to be rendered in full and of proper quality, accepted by the Client and payable.

4. COST OF SERVICES

4.1. The cost of Services provided to the Client under this Contract shall be determined in accordance with the rates specified in the Annex to this Contract, and the Order in the control Panel.

4.2. The amount and cost of Services rendered to the Client for each month of this Contract shall be determined exclusively on the basis of the Contractor's own accounting instruments in accordance with the Pricelist (Annex No 11) for services. If through the fault or initiative of the Client the amount of services actually rendered exceeded the amount of Services provided under the terms of this Contract, its Annexes, the Order in the Control Panel, the Client is obliged to pay the cost of Services received in excess of the established by this Contract, its Annexes, the Order in the Control Panel. The basis for invoicing the Client for the services provided are the data obtained using the Contractor's accounting devices.

4.3. The cost of actually rendered Services is taken into account in euros. The services are provided by the Contractor subject to a positive balance on the Client's account in the Control Panel.

5. THE PAYMENT ARRANGEMENTS AND DUE DATES

5.1. The Services payment under this Contract is made by the Client on a monthly basis by transferring the payment 100% (one hundred) in advance for the Services within 5 (five) working days from the date of invoicing by the Contractor. The Client can independently create an invoice in the Control Panel of the Contractor at https://cp.smartape.net. When the Client independently creates an invoice in the Control Panel, the Client chooses the tariff and determines the period of service provision.

5.2. The payment date is the date of receipt of funds to the account of the Contractor. Payments under the Contract are made by the Client to the Contractor on the references specified in the invoice. All costs associated with the transfer of funds to the account of the Contractor shall be paid by the Client.

5.3. The cost of additional Services rendered to the Client may be included by the Contractor in the monthly invoice, or a separate invoice may be issued for the cost of services rendered. In the case of issuing a separate invoice, it must be paid within 5 (five) working days from the date of its issue. The Client can independently create an invoice in the control Panel of the Contractor at https://cp.smartape.net and pay it within 5 (five) working days from the date of formation.

6. THE INTERACTION OF THE PARTIES

6.1. The interaction of the Parties in the process of providing Services, including the order and forms of information exchange between the Parties, the order of mutual settlements of the Parties is determined by the Terms of use of the services, Annexes to this Contract, the rules published on the Contractor's website at: https://www.smartape.net/terms.

7. LIABILITY OF THE PARTIES

7.1. For non-performance or improper performance of their obligations under this Contract, the Parties shall be liable in accordance with the current legislation of the Republic of Estonia.

7.2. Each of the Parties is solely responsible for the observance of the rights of third parties to the results of intellectual activity in relation to the hardware and software used by its employees.

7.3. The Contractor has the right to suspend access to the Services in case of violation by the Client of the terms of this Contract and its Annexes.

7.4. The suspension of the provision of the Services, including disabling the software or hardware of the Client is carried out to the fulfilment of the requirements of the Contractor to remedy the violations, and will not prevent the purchaser from fulfilling his obligations under the Contract, including obligations for a monthly payment.

7.5. If the Client has not eliminated the violation that caused the suspension of the Services within 20 (twenty) days from the date of the violation, the Contractor shall be entitled to terminate this Contract with the Client unilaterally without any compensation to the latter.

7.6. The Contractor, under no circumstances, shall be liable to the Client for indirect losses. The concept of «consequential damages» includes, but is not limited, the loss of revenue, profits, anticipated savings, business or goodwill. The Contractor shall be liable for documented real damage. In any case, the Contractor's liability, if any, is limited to the amount of actual documented damage and may not exceed 100% (one hundred) of the amount of services rendered in the previous reporting period.

7.7. The Client shall take full responsibility for claims and third parties’ claims caused by its activities, including contracts for the provision of services and the provision of services of which is partially or completely carried out by the Client through the Contractor’s Services. If the Contractor through the fault of the Client is presented any claims by third parties arising from the violation by the Client of intellectual property rights, exclusive rights, patent, copyright, related or other rights protected by law, the Client shall take these claims and reimburse the Contractor for all losses and expenses incurred by the Contractor in connection with the violation of such rights, and at its own expense and at its own risk immediately shall take measures to resolve the claims.

7.8. The compensation is taken into account in the form of recalculation of the amount of payment for the use of the Service in the period following the reporting period.

7.9. In case of late payment of bills, the Contractor reserves the right to charge a penalty of 0.1% of the unpaid amount for each day of delay.

7.10. Payment of the penalty does not release the Client from the performance of its obligations or eliminate violations under this Contract.

7.11. If the Client refuses the Services after signing this Contract and from paying for the Service, but before the end of the minimum period of provision of such Services fixed in the relevant Annex, the funds are not returned to the Client for the period actually remaining until the end of the minimum period of service.

7.12. The Contractor shall not be liable to the Client for the safety of websites placed under this Contract.

7.13. The Contractor shall not be liable to the Client for the security of his data in the event of theft or loss by the Client of their credentials with access to the Services ordered under this Contract.

8. FORCE MAJEURE

8.1. The Parties shall be released from liability for partial or complete failure to fulfil obligations under this Contract if it was the result of force majeure circumstances.

8.2. If any of such circumstances directly affected the performance of obligations within the period established by this Contract, this period shall be extended for the duration of the relevant circumstances.

8.3. A Party that fails to perform its obligations under the force majeure circumstances specified in clause 8.1. of this Contract, the Party shall notify the other Party in writing of the occurrence of such circumstances and their impact on the performance of the Contract, as well as the termination of the circumstances. The written notification must be accompanied by a certificate from the relevant authority or person confirming the occurrence or termination of force majeure.

8.4. If the Party whose performance of obligations is prevented by force majeure circumstances does not notify the other Party of the occurrence of such circumstances within 10 (ten) days with the relevant certificate, such Party shall lose the right to refer to these circumstances.

8.5. If the force majeure circumstances are consistent for two months and show no signs of termination, this Contract may be terminated by either Party unilaterally by sending a written notice to the other Party without obligation to compensate for possible losses.

9. DISPUTE RESOLUTION

9.1. In the presence of unresolved disagreements of the Parties, disputes are considered in the Harju County Court at the location of the Contractor.

9.2. To solve technical issues in determining the guilt of the Client as a result of one’s illegal actions when using the Internet, the Contractor has the right to involve specialized organizations as experts. In case of establishing the fault of the Client, the latter is obliged to reimburse the cost of the examination within 10 (ten) days.

10. OTHER CONDITIONS

10.1. The Contract and all Annexes hereto shall fully exhaust the Contract between the Parties on the provision of Services and cancel all other Contracts and statements made orally or in writing prior to the signing of this Contract.

10.2. Invalidation of any provision of this Contract shall not entail invalidation of the remaining provisions of this Contract.

10.3. The Contractor has the right to disclose information about the Client only in accordance with the legislation of the Republic of Estonia.

10.4. The Client may not transfer its obligations under this Contract without the written consent of the Contractor.

10.5. Neither Party may disclose any technical, commercial, or other information related to the performance of this Contract without the written consent of the other Party. This limitation does not apply to the fulfilment of this Contract.

11. THE TERM OF THE CONTRACT, ITS TERMINATION AND RIGHT OF WITHDRAWAL

11.1. This Contract shall enter into force upon its signing by the Client and shall be valid for one (1) year.

11.2. If none of the Parties within a period not later than 30 (thirty) days prior to the expiration of the Contract declares its desire to terminate the Contract, it shall be extended for the next year on the same terms.

11.3. This Contract may be terminated prematurely by a Party without a valid reason by notifying the other Party one (1) month in advance.

11.4. Upon termination of the Contract before the expiration of the paid period, the Contractor shall return the cost of unused Services. No refund will be made for the period actually remaining until the end of the minimum period for the provision of services specified in the relevant Annexes.

11.5. The Contractor has the right to terminate this Contract unilaterally in the cases provided for in this Contract, its Annexes and the current legislation of the Republic of Estonia.

11.6 If the Client is considered as a consumer, then the Client is entitled to withdraw from the distance contract within 14 days without giving any reason, from the day of the conclusion of the Contract by submitting an application in a form which can be reproduced in writing to the Contractor.

11.6.1 If the Client considered as a consumer uses its right of withdrawal from the Contract after submission of the explicitly expressed consent to start the provision of the Services before the expiry of the right of withdrawal, the Client shall indemnify all reasonable expenses to the Contractor according to the Law of Obligations of Estonia § 562 (5).

11.6.2. The right of withdrawal does not extend to goods that have been produced by taking into account specific needs of the Customer, goods that are perishable or lose value with age, audio and video recordings and computer software if their containers have been opened by the consumer, sealed goods that have been unsealed after delivery and are therefore not suitable for return due to health protection or hygiene reasons.

12. Personal data processing

The Contractor is using and processing personal data of the Client, including name, phone number, address, email, bank details, according to the GDPR and Personal Data Protection Act of Estonia, for processing the orders and providing the Services to the Client.

13. LIST OF ANNEXES TO THE CONTRACT

Annex №1. Domain registration services

Annex №2. Service «Unlimited virtual hosting»

Annex №3. Service «Bitrix hosting»

Annex №4. Services for the provision of a virtual server

Annex №5. The service «Cloud data center»

Annex №6. Services for the provision of a physical server

Annex №7. Services on the equipment placement

Annex №8. Microsoft software terms of use

Annex №9. Rental licenses for Microsoft software

Annex №10. Terms of use

Annex №11. Price list.

The Contractor	SmartApe OÜ
Legal form	Private limited company
Registry code	16124388
VAT number	EE102329731
Registered Address:	Harju maakond, Tallinn, Kesklinna linnaosa, Vesivärava tn 50-301, 10152, Estonia
Postal address:	Vesivärava 50-301, Tallinn, 10152, Estonia
IBAN	LT303500010012116927
SWIFT/BIC	EVIULT2VXXX
General questions, sales Department:	E-mail: info@smartape.net
Help Desk:	E-mail: support@smartape.net
Accounting (invoices, acts, invoices, payments):	E-mail: finance@smartape.net

Annex № 1

Domain registration services

1. DESCRIPTION OF SERVICES

1.1. The Contractor on the basis of the requests of the Client, taking into account the peculiarities stipulated in the Contract, renders Services on registration and support of domain names second level domain names in RU and SU and other in accordance with the table below (the «Services»), and the Client undertakes to accept and pay these Services in accordance with the terms of the Contract. Domain name registration is the entering information about the domain and its Administrator in the Central database in order to ensure the uniqueness of the use of the domain, as well as obtaining rights to administer the domain.

1.2. The Contractor on the basis of Client's Requests provides additional Services for the installation and configuration of primary (Primary) DNS and secondary (Secondary) DNS on the servers of the Contractor.

1.3. The Contractor will take all actions depending on him for registration of the domain name chosen by the Client. However, it does not guarantee to the Client that the chosen domain name will not be occupied by a third party during the technical procedures for registration.

1.4. The Parties recognize the obligation to comply with the terms of the following documents in the current version at the time of the legal acts (hereinafter - the «Regulatory documents»), including the established procedure for their change: • «.ee Domain Regulation» approved by the Estonian Internet Foundation (Eesti Interneti SA) https://www.internet.ee/domains/ee-domain-regulation); • «Rules of registration of domain names in the RU domain» approved by the decision of the coordination center of the national domain of the Internet (published on the website of the coordination center of the national domain of the Internet https://cctld.ru/domains/docs/); • «Regulations on registration of domain names in the SU domain», approved by the Supervisory Board of the Fund (published on the website of the Internet Development Fund http://www.fid.su/files/SU_rules.pdf); • The procedure for registration and renewal of domain names in other zones is made in accordance with the rules established by the Registrar of «ragtime» (https://www.webnames.ru/en/help/regterms).

1.5. Registration of domain names is carried out in accordance with the Contract, this Annex and regulatory documents.

1.6. The minimum period of Service is 1 (one) month.

1.7. The period of rendering of services by the Contractor shall not exceed 5 (five) working days from the date of receipt of payment to the Contractor, unless otherwise provided by Regulatory documents. The Contractor has the right to change (proportionally extend) the period of commencement of Services if the Client has not provided the agreed terms, requested by the Contractor documents and information required for the above Services.

2. FEATURES OF RENDERING OF SERVICES

2.1. The Domain is considered to be registered, and the Service of domain registration provided since the assignment of the registered domain in the Register of the status of registered (REGISTERED).

2.2. A service of renewing the registration of a domain is deemed provided from the moment of entering into the Register of information about the registration renewal. In this case, the domain registration is extended for 1 (one) year from the previously established expiration date of the domain registration.

2.3. Under the Contract and this Annex, the Client has the right to register any number of domains in his name. The Administrator of the registered domains is the person specified by the representative of the Client through the control Panel of the Contractor as the administrator of the domain.

2.4. The Client independently monitors the current state of information about domains and objects registered by the Client in the database of the Contractor.

3. OTHER CONDITIONS

3.1. This Annex is an integral part of the Contract.

Annex № 2

Service «Unlimited virtual hosting»

1. DESCRIPTION OF SERVICES

1.1. The Contractor provides the Client with Services for placing the Client's websites on the Contractor's server, storing, receiving and sending electronic messages via POP3, IMAP, SMTP protocols.

1.1. The minimum period of service is 1 (one) month.

1.2. The term of commencement of services shall not exceed 1 (one) working day from the date of receipt of payment to the Contractor. The Contractor has the right to change (proportionally extend) the period of commencement of Services if the Client has not provided the agreed terms, requested by the Contractor documents and information required for the above Services.

1.3. Minimum guaranteed parameters of services indicated on the Contractor's website address https://www.smartape.net/unlimited-hosting. In case of exceeding these parameters, the Contractor does not guarantee the correct operation of the Service.

2. TECHNICAL STANDARDS AND CHARACTERISTICS OF SERVICE PROVISION

2.1. The Client independently creates, modifies and deletes websites, files, domains, databases, mailboxes through the control Panel https://cp.smartape.net, using the login and password received from the Contractor.

2.2. The correct service operation, the circulation of mail traffic in particular, is guaranteed only if there is a domain, and the existence in the DNS settings of the domain A-records pointing to the IP address of the contractor's server and MX-records: mx1.smartape.net. and mx2.smartape.net. (point at the end is mandatory).

2.3. The Contractor chooses the software used to provide services and configures it so that the settings satisfy the majority of Clients.

2.4. It is prohibited to place on the servers of the Contractor the following:

pornography and any sexually explicit material, text, graphics, audio, video, or links to it that contain any form of obscenity or violence, even if it is legal;
crack/hack sites;
proxies and anonymizers;
AutoSurf programs and sites;
sites that promote or facilitate illegal activities;
bank programs;
torrent clients;
bot programs designed to automatically perform actions on sites that do not belong to the Client;
lottery websites;
file archive;
doorways, dorgens, linkers;
archives and backups of a large amount;
web chats, IRC.

It is also prohibited to use the servers provided to the Client to send SPAM, as well as to advertise the Client or his website by sending SPAM by third parties.

These actions of the Client are regarded as the intention to harm others.

In case of violations specified in this paragraph, the Contractor has the right to suspend the provision of Services to the Client and unilaterally refuse to perform this Contract, sending a notification to the Client by e-mail within three days from the date of suspension of services.

The Contractor has the right to notify the Client within 24 hours of the suspension of services or immediately suspend the provision of Services in cases:

if, in the reasonable opinion of the Contractor, the Client's use of the Services may cause damage to the Contractor and/or cause a failure of hardware and software of the Contractor and third parties;
excessive consumption of any server system resources by the Client for virtual hosting, which, due to the specifics of the service, leads or may lead to a noticeable deterioration in the quality of service/service provided to other Clients. The degree of consumption of system resources is determined solely by the Contractor. If the reason for the high consumption of resources can not be eliminated, the Contractor may recommend the Client to go to a dedicated server or offer individual terms of service;
presence on the part of the Client of actions prohibited by the current legislation of the Republic of Estonia, violating the rights and interests of the Contractor and third parties;
use of hosting sites for other purposes, including backups, file storage, game and proxy servers;
falsifying your IP address, using non-existent return addresses when sending emails and other messages;
the implementation by the Client of actions aimed at disrupting the normal functioning of the Internet elements;
implementation of actions aimed at obtaining unauthorized access to the network resource, the subsequent use of such access, as well as the destruction or modification of software or data not belonging to the Client, without the consent of the owners of this software or data or the administrators of this information resource;
implementation of actions to scan network nodes in order to identify the internal structure of networks, security vulnerabilities, lists of open ports, etc., without the explicit consent of the owner of the checked resource;
if the Contractor receives the corresponding instruction from public authority.

2.5. The Client can place an unlimited number of domains and sites within the framework of this Service.

2.6. Within the framework of this Service, the Client is provided with the opportunity to create an unlimited number of databases for the Client's websites and unlimited disk space for their placement, and for placing files of the Client's websites, if the Client does not abuse the allocated disk space, does not load the allocated disk space more than half of its maximum performance, does not try to place archival copies, massive photos and video materials, personal data or any other content not related to the Client's websites placed within the framework of this Service. In case the Contractor suspects abuse of the allocated disk space by the Client, the Contractor has the right to delete its data without any notice to the Client.

2.7. The Contractor's equipment on which the Client's websites are located within the framework of this service is connected to the port of 100 Mbit/sec, this band is divided between all sites located on this equipment. The traffic consumed by the Client is not charged. In case of misuse of the provided band, usage of more than 50% of the maximum band capacity, or usage by the Client of a significant part of the band to the detriment of other Clients of the Contractor, the Contractor has the right to change the maximum band capacity for the Client or disable the Client's websites without prior notice.

2.8. Clients' website files are managed via FTP or via the control Panel https://cp.smartape.net, using the login and password received from the Contractor.

2.9. The Contractor does not guarantee sending and receiving e-mail messages by the Client in the following cases:

the mail server, where the mailbox is located, to the address of which the client's e-mail message is sent, does not accept the message sent to it by the Contractor;
mail servers that do not belong to the Contractor in the path of an e-mail message are unhealthy or have an incorrect configuration that prevents the delivery of messages or leads to distortion of the content of messages;
the DNS servers of the domain, which do not belong to the Contractor, to the address from which the e-mail message is received or sent, do not meet the following conditions:

2.10. In case of failure to send an e-mail message for reasons beyond the control of the Contractor, he carries out subsequent attempts every 10 (ten) minutes for 2 (two) days. The retention period of such a message is not more than 2 (two) days from the date of its receipt by the Contractor's mail server, after which it notifies the sender of the original letter about the impossibility of delivery of the message and deletes the unsent message.

2.11. The maximum size of an e-mail message received or received cannot exceed 50 Megabytes, including service information.

2.12. All mailboxes of the Client have a system of SPAM filtering In the mode of immediate removal of messages marked as spam without notifying the Client.

2.13. Technical indicators characterizing the quality of data transmission services (including the bandwidth of the communication line in the data transmission network, loss of information packets, time delays in the transmission of information packets, the reliability of information transmission) are specified in the information and reference materials posted on the contractor's website.

2.14. For the organization of services under this Contract, certified server and network equipment is used.

2.15. Subscriber interfaces and data transfer protocols used by the Client to work with the Services of this Application shall be determined by the Client independently.

2.16. The Client independently chooses the equipment for connection and use of the Service and the place of its installation, as well as independently connects it to the Internet.

3. OTHER CONDITIONS

3.1. This Annex is an integral part of the Contract.

Annex № 3

Service «Bitrix hosting»

1. DESCRIPTION OF SERVICES

1.1. The Contractor provides the Client with Services for placing the Client's websites on the Contractor's server, storing, receiving and sending electronic messages via POP3, IMAP, SMTP protocols.

1.2. The minimum period of service is 1 (one) month.

1.3. The term of commencement of services shall not exceed 1 (one) working day from the date of receipt of payment to the Contractor. The contractor has the right to change (proportionally extend) the period of commencement of Services if the Client has not provided the agreed terms, requested by the Contractor documents and information required for the above Services.

1.4. Minimum guaranteed parameters of services indicated on the Contractor's website address https://www.smartape.net/bitrix-hosting. In case of exceeding these parameters, the Contractor does not guarantee the correct operation of the Service.

2. TECHNICAL STANDARDS AND CHARACTERISTICS OF SERVICE PROVISION

2.1. The service is specially optimized for the placement of sites running under the management of CMS 1C-Bitrix, but it is possible to place sites using other systems.

2.2. The Client independently creates, modifies and deletes websites, files, domains, databases, mailboxes through the control Panel https://cp.smartape.net, using the login and password received from the Contractor.

2.3. The correct operation of the service, in particular the circulation of mail traffic, is guaranteed only if the existence of the domain, and the existence in the DNS settings of the domain of the correct records pointing to the servers of the Contractor.

2.4. The Contractor chooses the software used to provide services and configures it so that the settings satisfy the majority of Clients.

2.5. It is prohibited to place on the servers of the Contractor the following:

pornography and any sexually explicit material, text, graphics, audio, video, or links to it that contain any form of obscenity or violence, even if it is legal;
crack/hack sites;
proxies and anonymizers;
AutoSurf programs and sites;
sites that promote or facilitate illegal activities;
bank programs;
torrent clients and torrent servers;
bot programs designed to automatically perform actions on sites that do not belong to the Client;
lottery websites;
file archive;
doorways, dorgens, linkers;
archives and backups of a large amount;
web chats, IRC;
the sites for the distribution of audio-visual content.

It is also prohibited to use the servers provided to the Client to send SPAM, as well as to advertise the Client or his website by sending SPAM by third parties.

These actions of the Client are regarded as the intention to harm others.

In case of violations specified in this paragraph, the Contractor shall have the right to suspend the provision of Services to the Client and unilaterally withdraw from the execution of this Contract, sending a notification to the Client by e-mail within three days from the date of suspension of services.

The Contractor has the right to notify the Client within 24 hours of the suspension of services or immediately suspend the provision of Services in cases:

if, in the reasonable opinion, the Contractor's usage of the Services by the Client may cause damage to the Contractor and/or cause failure of hardware and software of the Contractor and third parties;
excessive consumption of any server system resources by the Client for virtual hosting, which, due to the specifics of the service, leads or may lead to a noticeable deterioration in the quality of service/service provided to other Clients. The degree of consumption of system resources is determined solely by the Contractor. If the reason for the high consumption of resources can not be eliminated, the Contractor may recommend the Client to go to a dedicated server or offer individual terms of service;
presence on the part of the Client of actions prohibited by the current legislation of the Republic of Estonia, violating the rights and interests of the Contractor and third parties;
usage of hosting sites for other purposes, including backups, file storage, game and proxy servers;
falsifying your IP address, using non-existent return addresses when sending emails and other messages;
the implementation by the Client of actions aimed at disrupting the normal functioning of the Internet elements;
implementation of actions aimed at obtaining unauthorized access to the network resource, the subsequent use of such access, as well as the destruction or modification of software or data not belonging to the Client, without the consent of the owners of this software or data or the administrators of this information resource;
performing actions to scan network nodes in order to identify the internal structure of networks, security vulnerabilities, lists of open ports, etc., without the explicit consent of the owner of the checked resource;
if the Contractor receives the relevant instruction from the state body.

2.6. The Client can place an unlimited number of domains and sites within the framework of this Service.

2.7. Within the framework of this Service, the Client is provided with the opportunity to create an unlimited number of databases for the Client's websites and unlimited disk space for their placement, and for placing files of the Client's websites, if the Client does not abuse the allocated disk space, does not load the allocated disk space more than half of its maximum performance, does not try to place archival copies, massive photos and video materials, personal data or any other content not related to the Client's websites placed within the framework of this Service. In case the Contractor suspects abuse of the allocated disk space by the Client, the Contractor has the right to delete its data without any notice to the Client.

2.8. The Сontractor's equipment on which the Client's websites are located within the framework of this service is connected to the port of 1000 Mbit/sec, this band is divided between all sites located on this equipment. The traffic consumed by the Client is not charged. In case of misuse of the provided band, usage of more than 50% of the maximum band capacity, or usage by the Client of a significant part of the band to the detriment of other Clients of the Contractor, the Contractor has the right to change the maximum band capacity for the Client or disable the Client's websites without prior notice.

2.9. Client's website files are managed via FTP or via the control Panel https://cp.smartape.net, using the login and password received from the Contractor.

2.10. The contractor does not guarantee sending and receiving e-mail messages by the Client in the following cases:

the mail server, where the mailbox is located, to the address of which the client's e-mail message is sent, does not accept the message sent to it by the Contractor;
mail servers that do not belong to the Contractor in the path of an e-mail message are unhealthy or have an incorrect configuration that prevents the delivery of messages or leads to distortion of the content of messages;
the DNS servers of the domain, which do not belong to the Contractor, to the address from which the e-mail message is received or sent, do not meet the following conditions:

2.11. In case of failure to send an e-mail message for reasons beyond the control of the Contractor, he carries out subsequent attempts every 10 (ten) minutes for 2 (two) days. The retention period of such a message is not more than 2 (two) days from the date of its receipt by the Contractor's mail server, after which it notifies the sender of the original letter about the impossibility of delivery of the message and deletes the unsent message.

2.12. The maximum size of an e-mail message received or received cannot exceed 50 Megabytes, including service information.

2.13. All mailboxes of the Client have a system of SPAM filtering In the mode of immediate removal of messages marked as spam without notifying the Client.

2.14. Technical indicators characterizing the quality of data transmission services (including the bandwidth of the communication line in the data transmission network, loss of information packets, time delays in the transmission of information packets, the reliability of information transmission) are specified in the information and reference materials posted on the Contractor's website.

2.15. For the organization of services under this Contract, certified server and network equipment is used.

2.16. Subscriber interfaces and data transfer protocols used by the Client to work with the Services of this Application shall be determined by the Client independently.

2.17. The Client independently chooses the equipment for connection and use of the Service and the place of its installation, as well as independently connects it to the Internet.

3. OTHER CONDITIONS

3.1. This Annex is an integral part of the Contract.

Annex № 4

Services for the provision of a virtual server

1. DESCRIPTION OF SERVICES

1.1. The Contractor provides the Client with Services for the organization of a virtual server and the provision of its resources at the disposal of the Client (the provision of limited resources of the contractor's server).

1.2. The minimum period of service is 1 (one) month.

1.3. The term of commencement of services shall not exceed 1 (one) working day from the date of receipt of payment to the Contractor. The Contractor has the right to change (proportionally extend) the period of commencement of Services if the Client has not provided the agreed terms, requested by the Contractor documents and information required for the above Services.

2. TECHNICAL STANDARDS AND CHARACTERISTICS OF SERVICE PROVISION

2.1. The Contractor installs the Linux operating system on the server on the Client's instructions..

2.2. Installing and configuring the operating system includes the following items:: • Partitioning a hard drive; • Formatting sections; • Installation of the operating system to a minimum extent sufficient for the operation of the network and remote server management; • Network card configuration (IP address, default gateway, network mask, name server address); • Setting a password for the system administrator; • Configuration the remote server management tools.

2.3. The host machine (the Contractor's equipment, which hosts the Client's server), which hosts the Client's virtual server, is connected to the Ethernet port of the Contractor's switch with a bandwidth of 100 Mbit/s and connection to the local network of the Contractor, this bandwidth is divided between all virtual servers organized on this host machine (server). The traffic consumed by the Client is not charged. For the purposes of this Annex, the local network of the Contractor means a technological system that includes the means and communication lines of the Contractor used for the formation, reception, processing, storage, transmission, delivery of telecommunication messages, designed to provide access to information systems of information and telecommunication networks, including the Internet. The local network of the Contractor with the connected equipment of the Client is part of the Internet. The Contractor guarantees within the local network of the Contractor and at the boundaries of the Contractor's areas of responsibility, defined as the point of connection to the networks of other Telecom operators, the speed of data transmission is not less than the speed of data exchange between the virtual server and the host machine, set in the order specified in paragraph 2.3 of this Annex.

2.4. The Contractor monitors the performance of the equipment on which the virtual server is organized. The Client independently monitors the performance of the virtual server.

2.5. The Servers provided to the Client are prohibited from hosting:

pornography and any sexually explicit material, text, graphics, audio, video, or links to it that contain any form of obscenity or violence, even if it is legal;
crack/hack sites; proxies and anonymizers;
AutoSurf programs and sites;
sites that promote or facilitate illegal activities;
bank programs;
torrent clients;
bot programs designed to automatically perform actions on sites that do not belong to the Client;
lottery websites;

It is also prohibited to use the servers provided to the Client to send SPAM, as well as to advertise the Client or his website by sending SPAM by third parties.

These actions of the Client are regarded as the intention to harm others.

2.6. Technical indicators characterizing the quality of data transmission services (including the bandwidth of the communication line in the data transmission network, loss of information packets, time delays in the transmission of information packets, the reliability of information transmission) are specified in the information and reference materials posted on the contractor's website.

2.7. For the organization of services under this Contract, certified server and network equipment is used.

2.8. Subscriber interfaces and data transfer protocols used by the Client to work with the Services of this Application shall be determined by the Client independently.

2.9. The Client independently chooses the equipment for connection and use of the Service and the place of its installation, as well as independently connects it to the Internet.

3. OTHER CONDITIONS

3.1. This Annex is an integral part of the Contract.

Annex № 5

The service «Cloud data center»

1. DESCRIPTION OF SERVICES

1.1. The Contractor provides the Client with Services for the virtual server organization and the provision of its resources at the disposal of the Client (the provision of limited resources of the Contractor's server).

1.2. The minimum period of service is 1 (one) month.

2. TECHNICAL STANDARDS AND CHARACTERISTICS OF SERVICE PROVISION

2.1. The Contractor on the instructions of the Client installs the operating system on the server from among the available systems with a free license. If the Client requires a different operating system, the necessary license and distribution of the operating system is provided by the Client.

2.2. The Client has the right to use the provided resources to create virtual servers. The number of virtual servers that the Client can create within the framework of this service is not limited. Each virtual server is assigned a fixed value for the use of server resources. The total number of server resources of all virtual servers of the Client cannot exceed the server resources allocated to the Client within this service.

2.3. The Client may use the Windows Server operating system as an operating system on virtual servers created within the framework of this service in the manner and under the conditions provided for in the terms of Appendix № 8 «Microsoft Software terms of use», which is an integral part of the Contract.

2.4. The Client independently creates virtual servers within the framework of this service, installs operating systems and other software on these virtual servers, and fully administers them.

2.5. To manage the ordered private cloud, the Contractor provides the Client with specialized software. System requirements for the operation of this software are specified in the information and reference materials posted on the website of the Contractor at https://www.smartape.net/cloud.

2.6. Each virtual server created by the Client as part of this service is connected to a channel or communication channels with a certain bandwidth. Depending on the parameters selected by the Client, the bandwidth of the channels, their warranty and availability of access to the Internet are determined.

2.7. The Contractor monitors the performance of the equipment on which the virtual server is organized. The Client independently monitors the performance of the virtual server.

2.8. The Servers provided to the Client are prohibited from hosting:

pornography and any sexually explicit material, text, graphics, audio, video, or links to it that contain any form of obscenity or violence, even if it is legal;
crack/hack sites;
proxies and anonymizers;
AutoSurf programs and sites;
sites that promote or facilitate illegal activities;
bank programs;
torrent clients;
bot programs designed to automatically perform actions on sites that do not belong to the Client;
lottery websites;

It is also prohibited to use the servers provided to the Client to send SPAM, as well as to advertise the Client or his website by sending SPAM by third parties.

These actions of the Client are regarded as the intention to harm others.

2.9. Technical indicators characterizing the quality of data transmission services (including the bandwidth of the communication line in the data transmission network, loss of information packets, time delays in the transmission of information packets, the reliability of information transmission) are specified in the information and reference materials posted on the Contractor's website.

2.10. For the organization of services under this Contract, certified server and network equipment is used.

2.11. Subscriber interfaces and data transfer protocols used by the Client to work with the Services of this Application shall be determined by the Client independently.

2.12. The Client independently chooses the equipment for connection and use of the Service and the place of its installation, as well as independently connects it to the Internet.

3. OTHER CONDITIONS

3.1. This Annex is an integral part of the Contract.

Annex № 6

Services for the provision of a physical server

1. DESCRIPTION OF SERVICES

1.2. The minimum period of service is 1 (one) month.

2. TECHNICAL STANDARDS AND CHARACTERISTICS OF SERVICE PROVISION

2.2. Installing and configuring the operating system includes the following items:

Partitioning a hard drive;
Formatting sections;
Installation of the operating system to a minimum extent sufficient for the operation of the network and remote server management;
Network card configuration (IP address, default gateway, network mask, name server address);
Setting a password for the system administrator;
Configuration the remote server management tools.

2.3. The server is connected to the Ethernet port of the Contractor switch with a bandwidth of 100 Mbit/s and connection to the local network of the Contractor. This band is not guaranteed and is shared between multiple servers. The traffic consumed by the Client is not charged. For the purposes of this Annex, the local network of the Contractor means a technological system that includes the means and communication lines of the Contractor used for the formation, reception, processing, storage, transmission, delivery of telecommunication messages, designed to provide access to information systems of information and telecommunication networks, including the Internet. The local network of the Contractor with the connected equipment of the Client is part of the Internet. The Contractor guarantees within the local network of the Contractor and at the boundaries of the Contractor's areas of responsibility, defined as the point of connection to the networks of other Telecom operators, the speed of data transmission is not less than the speed of data exchange between the virtual server and the host machine, set in the order specified in paragraph 2.3 of this Annex.

2.4. The Client independently monitors the performance of the server and the operating system on the server. The Contractor provides power supply to the server, its cooling and connection of the server to the network port.

2.5. In case of a failure of components that are part of the server, the Contractor shall at his own expense within 3 working days to replace all failed parts to similar. In the absence of the necessary spare parts, the Contractor may temporarily use more capacious/fast parts. The term of performance of obligations on rendering of service is proportionally postponed for the term of the server repair if from the moment of failure of the server before the end of repair work passed more than 24 hours.

2.6. The Servers provided to the Client are prohibited from hosting:

pornography and any sexually explicit material, text, graphics, audio, video, or links to it that contain any form of obscenity or violence, even if it is legal;
crack/hack sites;
proxies and anonymizers;
AutoSurf programs and sites;
sites that promote or facilitate illegal activities;
bank programs;
torrent clients;
bot programs designed to automatically perform actions on sites that do not belong to the Client;
lottery websites;

It is also prohibited to use the servers provided to the Client to send SPAM, as well as to advertise the Client or his website by sending SPAM by third parties.

These actions of the Client are regarded as the intention to harm others. In case of violations specified in this paragraph, the Contractor has the right to suspend the provision of Services to the Client and unilaterally refuse to perform this Contract, sending a notification to the Clientr by e-mail within three days from the date of suspension of services.

2.7. Technical indicators characterizing the quality of data transmission services (including the bandwidth of the communication line in the data transmission network, loss of information packets, time delays in the transmission of information packets, the reliability of information transmission) are specified in the information and reference materials posted on the Contractor's website.

2.8. For the organization of services under this Contract, certified server and network equipment is used.

2.9. Subscriber interfaces and data transfer protocols used by the Client to work with the Services of this Application shall be determined by the Client independently.

2.10. The Client independently chooses the equipment for connection and use of the Service and the place of its installation, as well as independently connects it to the Internet.

3. OTHER CONDITIONS

3.1. This Annex is an integral part of the Contract.

Annex № 7

Services on the equipment placement

1. DESCRIPTION OF SERVICES

1.1. The Contractor provides services to the Client for the placement of equipment.

1.2. The minimum period of service is 1 (one) month.

1.3. The term of commencement of Services shall not exceed 1 (one) working day from the date of receipt of payment to the Contractor. The Contractor has the right to change (proportionally extend) the period of commencement of Services if the Client has not provided the agreed terms, requested by the Contractor documents and information required for the above Services.

2. TECHNICAL STANDARDS AND CHARACTERISTICS OF SERVICE PROVISION

2.1. The Client independently monitors the performance of the virtual server. The Contractor provides power supply to the server, its cooling and connection of the server to the network port.

2.2. It is forbidden to place on the equipment the following:

pornography and any sexually explicit material, text, graphics, audio, video, or links to it that contain any form of obscenity or violence, even if it is legal;
crack/hack sites;
proxies and anonymizers;
AutoSurf programs and sites;
sites that promote or facilitate illegal activities;
bank programs;
torrent clients;
bot programs designed to automatically perform actions on sites that do not belong to the Client;
lottery websites;

It is also prohibited to use the Servers provided to the Client to send SPAM, as well as to advertise the Client or his website by sending SPAM by third parties. These actions of the Client are regarded as the intention to harm others. In case of violations specified in this paragraph, the Contractor shall have the right to suspend the provision of Services to the Client and unilaterally withdraw from the execution of this Contract, sending a notification to the Client by e-mail within three days from the date of suspension of services.

2.3. Subscriber interfaces and data transfer protocols used by the Client to work with the Services of this Application shall be determined by the Client independently.

3. Technical requirements for the Client's equipment

The equipment of the Client placed on the Technological platform of the Contractor shall meet the requirements stated below.

3.1. The Client's servers and other equipment must be assembled in enclosures prepared for installation in a server rack or 19-inch wide cabinet. At the request of the technical staff of the Contractor, the Client must provide all the necessary accessories for the installation of equipment in a rack or a cabinet.

3.2. The placed equipment is in accordance with the technical requirements and requirements to electrical safety provided by Regulation (EU) 2019/424 of the European Commission and Directive 2014/35/EU of the European Parliament and of the Council which are applied to the equipment placed on communication centers.

3.3. For the power supply placed by the Client of the equipment, the Contractor provides uninterrupted power supply of 230V and 50Hz. To connect the Client's equipment to the power distribution units, the Client provides the required number of power cables with a cross section of at least 3x0.75 mm2, a length of at least 1.8 meters, having a connector on the part of the power distribution unit IEC 60320 C14, and on the part of the equipment - the necessary connector for connecting the cable to the Client's equipment. If the equipment to be placed requires other power supply parameters, the Client provides the necessary converters.

3.4. The equipment must be able to connect to the Ethernet switch via copper twisted pair (RJ45 connector). In case of other equipment connection options, all necessary equipment is provided by the Client.

3.5. The main condition for the quality of Service is the absence of errors between the rack switch and the network equipment of the Client. In order to fully connect the Client's equipment to the Contractor's network, it is necessary to configure the network interfaces of the Client's equipment in accordance with the technical requirements of the Contractor's Technological site personnel. Failure to comply with this condition may result in deterioration of the quality of services provided by the Contractor or even complete impossibility of their provision.

4. Regulations on access to technical equipment

4.1. This regulation of access to technical equipment (hereinafter the Regulations) defines the time, procedure and range of persons representing the interests of the Client who are entitled to direct access to the Client's equipment and Leased equipment. The equipment to which the Client has the right of direct and remote access is assigned with a number (ID).

4.2. Access to the equipment of the Client's representative and work with the equipment is carried out only in the presence of the technical service staff of the Contractor.

4.3. The Client specifies the rules of import and export of equipment, as well as the rules of access to the data center for work with the placed equipment from the Contractor.

4.4. Direct access restriction is possible: in case of non-fulfillment of the conditions specified in section 5 of the Contract; subject to planned preventive measures; subject to violation by the Client of the obligations set out in paragraph 2.3 of the Contract.

4.5. List of the Client's representatives having the right of direct access to the equipment:

4.6. In case of changing the list of personnel and/or other information specified in paragraph 4.5 of this Annex to the Contract, the Client shall notify the Contractor. The updated list shall enter into force upon signature of the Supplementary agreement to this Annex by both parties.

4.7. On the Technological platform of the Contractor (in the data center), the Client and his representatives are required to:

comply with fire safety and safety regulations, as well as industry rules and regulations in force in respect of the Technological site and the equipment provided by the Contractor;
move through the territory of the Technological site (data center) only accompanied by the technical service of the Contractor;
immediately notify the Contractor of damage, accident or other event that caused (or threatens to cause) damage to the Technological site, as well as the property located on the Technological site, and in a timely manner to take all possible measures to prevent the threat against further destruction or damage to the technological site and the property located on it;
if the Contractor provides equipment, software and technical means to use them exclusively for the services of the Contractor. The Client is responsible for violation of the rights of the Contractor and third parties to the software provided to the Client, as well as for damage to the equipment and hardware provided.

4.8. The Contractor keeps a direct access log to the equipment, which records the days and time of access.

4.9. The Client is fully responsible for the consequences of non-compliance of its representatives with the terms of this Regulation.

5. Technological conditions for the Services provision

5.1. The services provided by the Contract shall be rendered by the Contractor in accordance with these Technological conditions for the Services provision (hereinafter Technological conditions).

5.2. To place the equipment, the Client is provided with the necessary number of open communication racks and passive network equipment (cables, connectors, switching panels). On the basis of the Services order form, the Contractor installs a local network in accordance with the connection scheme of the equipment provided by the Client, provides power supply to the Client's equipment and Leased equipment and services for the transmission of Client information on the Internet (communication services). Backup power equipment is provided by continuous power supplies.

5.3. Connection of the Client's equipment and Leased equipment to the data transmission network is made on the basis of the order Form for services using a copper patch cord in the mode of 100 Mbps full-duplex, 1Gbps full-duplex or 10 Gbps full-duplex.

5.4. Foreign traffic is considered to be the traffic coming and sent by the Contractor's equipment through the connection points to Internet operators of the «Uplink» type. The connection point of the «Uplink» type is the connection point to an arbitrary Internet operator with which the Contractor supports routing via the BGP Protocol, and which transmits to the equipment of the BGP Contractor the routes of all Internet networks («full view»).

5.5. Terms of providing IP addresses when using the services:

IP addresses are provided, re-registered or released by the Contractor acting as a LIR (Local Internet Registrar) on the basis of an agreement concluded with Reseaux IP Europeens Network Coordination Centre (hereinafter RIPE NCC);
The Client agrees to comply with all requirements and rules for obtaining and using IP-addresses published on the official website of RIPE NCC https://ripe.net/, as well as stipulated by these Technological conditions;
When allocating new IP addresses to the Client, at least 50% of them must be used within the first year after allocation. At least 25% of the allocated IP addresses must be used immediately after allocation;
Requests for IP addresses should be based on a real need. Reservation of IP addresses intended for use in the distant future is not allowed. The rules of this paragraph, adopted by RIPE NCC in respect of LIR, apply to the Client as well;
It is strictly forbidden for the Client to transfer the IP-addresses allocated to him to third parties;
The Contractor has the right to check the relevance of the Client's registration data (in particular, the possibility of communication to the provided e-mail addresses) and in case of detection of incorrect data (their obsolescence) to require the Client to update the data;
Termination of the usage of IP-addresses allocated by the Contractor to the Client can be made both on the initiative of the Client on the basis of the relevant Application, and on the initiative of the Contractor in case of violation by the Client of the terms of the Contract and its annexes.
if the Contractor finds a violation by the Client of the terms of provision, usage, re-registration or releasing of IP-addresses described in these Technical conditions and/or requirements and rules for the use of IP-addresses published on the official website of RIPE NCC https://ripe.net/, the Contractor has the right to send a letter to the Client by e-mail to the address specified in this Contract with the requirement to eliminate these violations.
In case the Client does not eliminate these violations within 3 (three) days from the date of the relevant request, the Contractor has the right to terminate unilaterally the use of those IP-addresses in respect of which such violations are committed.

5.6. The procedure for processing applications to the technical support service:

5.6.1. Registration of the application to the technical support service is carried out through the Contractor's accounting system Control Panel (https://cp.smartape.net);

5.6.2. When registering in the Contractor's accounting system, the Client receives an individual administrative password and login access to the control Panel, independently ensures their confidentiality, is responsible for all actions performed using the login and password;

5.6.3. The Client is fully responsible for the security of his credentials (login and password) and for any loss or other damage that may occur due to unauthorized use of this information. Upon loss or unauthorized access to the account data or the possibility of such a situation, the Client is obliged to immediately send a request to the Contractor to change the account data;

5.6.4. If the Client provides third parties with access to the Control Panel, to the resources and services available to him, the Client is solely responsible for the activities of these third parties;

5.6.5. The following actions are performed by the Contractor only on the basis of the relevant applications of the Client, issued through the Control Panel:

reboot (to be carried out without preliminary diagnostics of the equipment: without connection of console, monitor, keyboard, without guarantee of server operation after reboot and diagnostics of the reasons of it);
turning the equipment off and on;
switching of the Client's equipment and Leased equipment located on the Technological site, as well as connection and disconnection from the power supply and data transmission networks within the framework of the provided Services;
provision of additional paid services;
activation and deactivation of services;
changing different access passwords;
provision of services, the description of which indicates the need to apply from the Control Panel.

5.7. Applications for the actions listed in paragraph 5.6.5 of this Annex to the Contract, are not performed by phone;

5.8. Applications for actions listed in clause 5.1 of this Annex to the Contract shall contain identifying information (ID of the Client and equipment requiring the declared actions);

5.9. The basis for the work is the application for services left in the Control panel (https://cp.smartape.net);

5.10. The technical support service of the Contractor does not provide advice on programming, web design, configuration of scripts and programs of the Client and other similar issues;

5.11. The application may be refused for the following reasons:

lack of identifying information if it was necessary;
the requirement to provide services that do not comply with the terms of the Contract;
in case of suspension of services on the grounds provided by the Contract and its Annexes.

6. Place of THE service

6.1. Services are provided on the territory of the Contractor at the address of Technology park (Data Center) of the Service Provider. Addresses of Data Centers of the Service Provider the Customer can find here: https://www.smartape.net/data-centers/.

7. Security

7.1. Physical security

7.1.1. The Contractor guarantees physical protection at the Technological site through the use of four security perimeters: protected area, protected units, systems of electronic and biometric identification of visitors, security television system.

7.1.2. The technological platform is located in the protected area of the business center.

7.1.3. There is the round-the-clock security on the Technological platform of and the working arrangements are in place for periodic security check.

7.1.4. All doors are equipped with electronic locking devices, access is provided by swipe cards. Installed sensors of penetration and movement.

7.1.5. Control of the perimeter and all premises on the Technological site, including machine rooms, is carried out with the help of CCTV cameras with the ability to record the event (if there are changes).

7.2. Fire safety

7.2.1. The technological platform is equipped with a complex of means of early smoke detection and fire extinguishing. All technological premises are equipped with automatic gas fire extinguishing installations (AGFEI). Fire resistance limit of building structures (walls, ceilings, partitions, doors) corresponds to EI 60 according to SNiP 21-01-97. The reserve of fire extinguishing agent AGFEI is designed to extinguish fires in two rooms of the data center.

8. LIABILITY OF THE PARTIES

8.1. The parties are only liable for proven actual damages. The Contractor's liability, if there is any, is limited to the amount of actual documented damage and may not exceed the amount of payment for services rendered by the Contractor in the previous reporting period.

8.2. The Client undertakes to compensate the Contractor for losses caused by the properties of the transferred equipment, its configuration or software, if the Contractor, placing the Client's equipment, was not informed in writing about these properties.

8.3. The Contractor is responsible for the loss or damage to the Client's equipment in the amount of documented real damage, in cases where the loss or damage to the Client's equipment occurred through the fault of the Contractor.

8.4. The Contractor shall not be liable for the loss or damage to the Client's equipment, in cases where the loss or damage occurred due to the properties of the Client's equipment, which the Contractor, placing it on the Technological site, was not in writing (under the signature) warned by the Client.

9. OTHER CONDITIONS

9.1. This Annex is an integral part of the Contract.

Annex № 8

Microsoft software terms of use

This document governs your usage of Microsoft software, which may include appropriate media, printed materials, and electronic or web documentation (collectively and individually — the «Products») provided by SmartApe OÜ (registry code 16124388) (hereinafter referred to as the «Contractor»).

1. DEFINITIONS

The «Client software» means software that enables a Device to access and use the services or features provided by the Server software.The minimum period of service is 1 (one) month. The «Device» means a computer, workstation, terminal, handheld computer, pager, telephone, pocket computer, smartphone, server or other electronic device. The «Server software» means software that provides services or functionality on a computer that acts as a server. The «Software documentation» means any user documentation provided with the server software. The «Redistributable software» means the software described in Section 4 («Usage of Redistributable software») below.

2. OWNERSHIP OF THE PRODUCTS

Products are provided by the licensed affiliate of Microsoft Corporation (collectively «Microsoft«). All title and intellectual property rights in and to the Products (and their constituent elements, including, but not limited to, all images, photographs, animations, video and audio recordings, music, text, and «applets» included in the Products) are owned by Microsoft and its suppliers. The products are protected by copyright laws and relevant international treaties, as well as other intellectual property laws and treaties. The possession, access or usage of the Products used does not give you any ownership rights in the Products or other intellectual property rights.

3. THE CLIENT SOFTWARE USAGE

You may use the Client software installed on your Devices by the Contractor only in accordance with the instructions and only in connection with the services provided to you by the Contractor. The terms of this document completely and unconditionally supersede the terms of any Microsoft user License agreement that may be provided electronically in the course of your use of the Client software.

4. THE DISTRIBUTABLE SOFTWARE USAGE

In connection with the services provided to you by the Contractor, you may have access to certain tools and software code «samples», «redistributable files» and /or software development tool packs («SDK») (collectively and individually — «Redistributable software»). YOU HAVE NO RIGHT to USE, MODIFY, COPY AND (OR) to DISTRIBUTE ANY Distributable software IF YOU have NOT EXPRESSED EXPLICIT CONSENT to COMPLY with CERTAIN ADDITIONAL TERMS CONTAINED IN the USAGE RIGHTS GRANTED to SERVICE PROVIDER («SPUR») APPLICABLE TO the CONTRACTOR. THESE TERMS SHOULD BE PROVIDED TO YOU BY THE CONTRACTOR. Microsoft does not grant you the right to use any Redistributable software unless you have expressly agreed to be bound by these additional terms and conditions as provided by Microsoft.

5. COPIES

You may not make copies of the Products, but you may (a) make one copy of the Client software on your Device as expressly permitted by the Executor, and (b) make copies of certain Redistributable software under section 4 («Use of Redistributable software»). You must delete or destroy all Client software and (or) the distributable software upon termination or expiration of your agreement with the Contractor upon receipt of notice from the Contractor or upon transfer of your Device to another person or entity, depending on which of these events happens sooner. The copying of any printed materials supplied with the Products is prohibited.

6. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY

You have no right to study the technology, decompile or de-assembling Products, with the exception of those cases, and only to the extent that such activity is expressly permitted by applicable law, despite this limitation.

7. PROHIBITION FOR RENTING

You may not rent, lease, loan, pledge or directly or indirectly transfer or distribute the Products to any third party, or permit any third party to access and /or use the features of the Products except for use for the sole purpose of accessing the features of the Products in the form of software services in accordance with the terms of this agreement and any agreement between you and the Contractor.

8. THE TERMINATION OF THE CONTRACT

Without prejudice to any other rights, the Contractor may terminate your rights to use the Products if you breach these terms. If you cancel or terminate your agreement with Contractor or the Contractor's agreement with Microsoft under which the Products are licensed, you must stop using and /or accessing the Products and destroy all copies of the Products and all parts thereof.

9. NO WARRANTIES, LIABILITIES AND COMPENSATION FROM MICROSOFT

ALL WARRANTIES, LIABILITY FOR DAMAGES AND COMPENSATION (IF ANY) ARE PROVIDED SOLELY BY THE CONTRACTOR, BUT NOT BY MICROSOFT, ITS AFFILIATES OR SUBSIDIARIES OF MICROSOFT.

10. PRODUCT SUPPORT

The product support is provided by Contractor and is not provided by Microsoft, its affiliates or subsidiaries.

11. THE LACK OF FAULT TOLERANCE

THE PRODUCTS MAY CONTAIN TECHNOLOGIES THAT ARE NOT FAULT-TOLERANT AND WAS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS IN WHICH FAILURE OF THE PRODUCT COULD LEAD TO DEATH, BODILY INJURY OR SERIOUS PHYSICAL DAMAGE OR HARM TO PROPERTY OR THE ENVIRONMENT.

12. EXPORT RESTRICTION

The Products are subject to U.S. export laws and regulations. The Contractor shall comply with all applicable laws, including the U.S. export administration regulations (U.S. Export Administration Regulations), International rules of arms trade, as well as restrictions on users, methods and regions of use of the product, existing in the United States and other countries. For more information, see the web site https://www.microsoft.com/exporting/.

13. LIABILITY FOR VIOLATION

In addition to your other obligations to Contractor, you also agree to be legally liable directly to Microsoft for any breach of these terms.

Annex № 9

Rental licenses for Microsoft software

1. DESCRIPTION

1.1. The Contractor shall transfer to the Client for temporary usage a license for the Microsoft software in the manner and on the terms provided for in Appendix №8 «Terms of usage of the Microsoft software», which is an integral part of the Contract.

1.2. The Contractor may immediately terminate Client's licenses to Microsoft software in the event of a breach of the terms of use, and the Client shall cease the usage and/or access to the software and destroy all copies and components thereof.

1.3. Microsoft software leased by the Client from the Contractor may be installed only on the contractor's server resources leased by the Client under this Contract.

1.4. The Payment for services under this Annex is made in advance payments. The Client is given the opportunity to use the license for a test period of no more than 30 days from the date of order on the website of the Contractor and https://www.smartape.net

1.5. The Client independently installs, configures and supports the Microsoft software obtained under the leased licenses.

1.6. The minimum period of service is 1 (one) month.

1.7. The term of commencement of services shall not exceed 1 (one) working day from the date of receipt of payment to the Contractor. The contractor has the right to change (proportionally extend) the period of commencement of Services if the Client has not provided the agreed terms, requested by the Contractor documents and information required for the above Services.

2. OTHER CONDITIONS

2.1. This Annex is an integral part of the Contract.

Annex № 10

Terms of usage

The services provided by the Contractor shall be used only for lawful purposes. Illegal activities include (but are not limited to the following): distribution of drugs, attempts of unauthorized access to computer systems, distribution of copyrighted materials in violation of copyright, gambling, bringing schemes of deception, violation of export legislation of the EU and the Republic of Estonia, actions entailing violation of the current legislation of the Republic of Estonia and other countries. When placing information and files on the technical resources of the Contractor, the Client is obliged to comply with the requirements of copyright law and other applicable laws of the Republic of Estonia and other countries.
It is not permitted to excess systematically of the permissible load on CPU, disk subsystem, RAM servers where there is the sites of the Client. These actions (but are not limited by them) are regarded as harming other Clients and the Contractor. In case of the above violations, the Contractor reserves the right to suspend all or part of the provision of Services to the Client (with subsequent notification by electronic communication within 24 hours).
The Client is obliged to monitor the security and relevance of the equipment used in the work, SW, timely update versions of the SW or make changes to the configuration in accordance with the instructions and requirements published by the software developers. The Client is obliged to prevent unauthorized access to the used software and hardware and not to allow the use of its or the Contractor's resources to attempt unauthorized access to other resources on the Internet. In particular, the Client shall not allow the following situations on its equipment:
- packets with an incorrect source address (IP source address) are coming from the server);
- domain name service (DNS) packets with deliberately distorted data are coming from the server;
- malicious software is present on the server;
- there are running programs specifically designed for unauthorized access to information on the server;
- e-mail messages are sent from the server on behalf of addresses that do not belong to the Client's network (domain);
- server software uses passwords that are installed by default;
- the server is used for active and passive mailings (mail, icq, etc.) of advertising messages (SPAM);
- intentional use in e-mail of someone else's, incorrect or non-existent return address of the sender;
- mailbombing (sending in one mailbox many identical e-mail) and subscription of someone to the mailing list without the consent of this person;
- the server is used for SPAM, distribution of lists of e-mail addresses, contains links to such information.
In order to verify compliance with security requirements, the Contractor reserves the right to periodically scan the services and servers of the Client using specialized SW, provided that no damage to its equipment and information contained therein. The Contractor is obliged to notify the Client about the vulnerabilities detected during such inspections, and the Client is obliged to take measures to eliminate them.
In the event of Client's breach of this section’s provisions or the identification of other actions of the Client, creating a threat for the normal functioning of a communication network of the Contractor or other network resources, the Contractor may undertake total or partial suspension of the Services, to block the use of equipment or individual services or resources of the Client, notifying the Client via ticket system in the Control Panel, the account of the Client at the address https://cp.smartape.net and by e-mail within 24 hours of blocking. After the specified blocking the term of validity of Services does not change, the money is not returned to the Client. Blocking is removed within a day from the date of the documents submission confirming the elimination of these violations.
The Client undertakes not to post or distribute information aimed at:
- carrying out extremist activities, which resulted in violation of human and civil rights and freedoms, causing harm to the person, health of citizens, the environment, public order, public security, property, legitimate economic interests of individuals and (or) legal entities, society and the state, or creating a real threat of causing such harm;
- propaganda of war, incitement to national, racial or religious hatred and (or) enmity, linguistic superiority, as well as other information for the dissemination of which criminal or administrative responsibility is provided; sending, publication, transfer, reproduction, downloading, use, distribution in any manner and in any form obtained through the use of services services software and (or) other materials fully or partially protected by copyright and related or other rights without the permission of the copyright holder, and content that is unlawful, harmful, menacing, slanderous, offends moral, and promotes hatred (or) discrimination against people on racial, ethnic, sexual, religious, social signs, contains insults to specific individuals or organizations which affects any patent, trademark, trade secret, and (or) copyrights and allied rights of third parties;
- distribution and (or) publication by the Subscriber of any information that contradicts the requirements of the current legislation of the Republic of Estonia, the norms of international law, infringes the rights of third parties (violation of the rights of minors and (or) causing them harm in any form; infringement of the rights of minorities, etc.);
- promotion of pornography and child erotics, as well as advertising of sexual services;
- placement and (or) transfer of information of an illegal nature, including materials that contribute to the incitement of ethnic hatred, inciting violence against any person or group of persons, or inhuman treatment of animals, calling for the Commission of illegal activities, including explaining the procedure for the use of explosives and other weapons, etc. The information placed by the Client shall be expressed in the correct form, shall not contain obscene and (or) indecent expressions, signs distribution of slander (distribution of obviously false information discrediting honor and dignity of other person or undermining his reputation) or insults (humiliation of honor and dignity of other person expressed in indecent form).
In case of receiving motivated claims from a third party that the information placed by the Client on the server of the Contractor or on the equipment of the Client placed with the Contractor violates the rights of third parties, the Contractor shall send a notice to the Client containing the text of the claim. If the Client within 5 working days from the date of the Contractor's notification the Client does not take steps to resolve the dispute with the person who sent the claim, or does not remove the disputed information, then the Contractor is entitled to suspend the Services to the Client in respect of the distribution of the disputed information, with notice to the Client within 3 days. Suspension of services in this case is not a violation of the Contractor's obligations under this Contract and is payable in accordance with the terms of this Contract, its Annexes, the Order in the Control Panel.

Annex № 11

PRICE-LIST

1. COSTS AND FEES FOR REGISTRATION AND RE-REGISTRATION OF DOMAINS

1.1. Accounting of services consumed by the Client is conducted in accordance with the Contractor's accepted unit of billing. The basis for invoicing the Client for the services provided under this application are the data obtained by means of software and hardware used by the Contractor to account for the volume of services rendered to them.

1.2. The cost of registration and re-registration of domains consists of a fixed subscription fee and additional Services provided that they are selected by the Client by Ordering in the Control Panel of the Client's account at https://cp.smartape.net.

1.3. The amount of the subscription fee is determined by the Contractor depending on the selected Client domain zone in accordance with the rates posted on the Contractor's website at https://www.smartape.net/domains. Connection and support of domains is included in the cost of registration (re-registration) of the domain. Applications for renewal of domains previously registered with other Registrars are submitted to the Contractor, subject to the transfer of these domains to the Contractor’s partner registrar.

2. THE COST AND TARIFFS FOR THE SERVICE «UNLIMITED SHARED HOSTING»

2.1. Accounting of services consumed by the Client is conducted in accordance with the Contractor's accepted unit of billing. The basis for invoicing the Client for the provided communication Services under this application are the data obtained by means of software and hardware used by the Contractor to account for the volume of services rendered to them.

2.2. The cost of Services consists of a fixed subscription fee and additional Services provided that they are selected by the Client by Ordering in the Control Panel of the Client's account at https://cp.smartape.net.

2.3. The amount of the subscription fee is determined by the Contractor depending on the selected tariff in accordance with the rates posted on the contractor's website at https://www.smartape.net/unlimited-hosting.

3. THE COST AND TARIFFS FOR THE SERVICE «BITRIX HOSTING»

3.1. Accounting of services consumed by the Client is conducted in accordance with the Contractor's accepted unit of billing. The basis for invoicing the Client for the provided communication Services under this application are the data obtained by means of software and hardware used by the Contractor to account for the volume of services rendered to them.

3.2. The cost of Services consists of a fixed subscription fee and additional Services provided that they are selected by the Client by Ordering in the Control Panel of the Client's account at https://cp.smartape.net.

3.3. The amount of the subscription fee is determined by the Contractor depending on the selected tariff in accordance with the rates posted on the contractor's website at https://www.smartape.net/bitrix-hosting.

4. THE COSTS AND TARIFFS FOR THE VIRTUAL SERVER PROVISION

4.1. Accounting of services consumed by the Client is conducted in accordance with the Contractor's accepted unit of billing. The basis for invoicing the Client for the services provided under this application are the data obtained by means of software and hardware used by the Contractor to account for the volume of services rendered to them.

4.2. The cost of Services consists of a fixed subscription fee and additional Services provided that they are selected by the Client by ordering in the Control Panel of the Client's account at https://cp.smartape.net.

4.3. The Client has the right to use a one-time test period for this Service. The test period allows you to use the Service free of charge for 10 (ten) days. The Client during the use of the test period can choose any service tariff. To obtain a test period, you must specify this when registering on the Сontractor's website, or submit an application via the ticket system in the Control Panel of the Client's account at https://cp.smartape.net or by e-mail. If the Client wants to refuse the service, he will have the opportunity to return the previously transferred funds.

4.4. The amount of the subscription fee is determined by the Contractor depending on the selected virtual server configuration in accordance with the rates posted on the Contractor's website at https://www.smartape.net/vps, https://www.smartape.net/ssd-vps, https://www.smartape.net/nvme-vps and https://www.smartape.net/windows-vps.

5. THE COST AND TARIFFS FOR THE PHYSICAL SERVERS PROVISION

5.1. Accounting of services consumed by the Client is conducted in accordance with the contractor's accepted unit of billing. The basis for invoicing the Client for the services provided under this application are the data obtained by means of software and hardware used by the Contractor to account for the volume of services rendered to them.

5.2. The cost of Services consists of a fixed subscription fee and additional Services provided that they are selected by the Client by Ordering in the Control Panel of the Client's account at https://cp.smartape.net.

5.3. The amount of the subscription fee is determined by the Contractor depending on the selected physical server configuration in accordance with the rates posted on the contractor's website at https://www.smartape.net/dedicated-servers.

6. COSTS AND TARIFFS FOR THE COLOCATION SERVICES

6.1. Accounting of services consumed by the Client is conducted in accordance with the Contractor's accepted unit of billing. The basis for invoicing the Client for the services provided under this application are the data obtained by means of software and hardware used by the Contractor to account for the volume of services rendered to them.

6.2. The cost of Services consists of a fixed subscription fee and additional Services provided that they are selected by the Client by Ordering in the Control Panel of the Client's account at https://cp.smartape.net.

6.3. The amount of the subscription fee is determined by the Contractor depending on the selected tariff in accordance with the rates posted on the Contractor's website at https://www.smartape.net/colocation and https://www.smartape.net/rack-colocation.

7. COSTS AND TARIFFS FOR THE CLOUD DATA CENTER

7.1. Accounting of services consumed by the Client is conducted in accordance with the Contractor's accepted unit of billing. The basis for invoicing the Client for the services provided under this application are the data obtained by means of software and hardware used by the Contractor to account for the volume of services rendered to them.

7.2. The cost of Services consists of a fixed subscription fee and additional Services provided that they are selected by the Client by Ordering in the Control Panel of the Client's account at https://cp.smartape.net.

7.3. The amount of the subscription fee is determined by the Contractor depending on the selected configuration in accordance with the rates posted on the Contractor's website at https://www.smartape.net/cloud.