Version of 22 April 2026.
Previous version of June 2023.
1. GENERAL PROVISIONS
1.1. This document is the official proposal (public offer) of the Provider — a business entity whose details are specified on the website gmhost.ua in the “Documents” section and which provides services under the GMhost trademark (hereinafter — the Provider) — to conclude an agreement for the provision of paid services (hereinafter — the Agreement). The Agreement is the equivalent of a written agreement and, under the applicable laws of Ukraine, has full legal force.
1.2. The Agreement is public and is communicated to all Customers by publication on the Provider’s website. Its terms are identical for all users. The Parties acknowledge that the Agreement has legal force in accordance with Articles 633, 641, 642 of the Civil Code of Ukraine.
1.3. Before using the Services, any natural or legal person is obliged to review the terms of the Agreement. If a person does not agree with the terms of the Agreement, they have no right to use the Services. A person who has performed acceptance is deemed to have reviewed all terms of the Agreement and to give their consent to its conclusion on the terms set out in the offer.
1.4. Pursuant to Article 642 of the Civil Code of Ukraine, full and unconditional acceptance of the terms of the Agreement (acceptance) is the combination of the following actions:
— registration of the natural or legal person in the Provider’s system; and
— the Customer marking a checkbox confirming review of and consent to:
— this Agreement;
— the Privacy Policy;
— the Refund Policy;
— the Acceptable Use Policy (AUP);
— making a prepayment for the Services (topping up the balance) in the Provider’s system.
1.5. From the moment of acceptance, the Agreement is deemed concluded, and the natural or legal person is defined as the Customer. The moment of acceptance, its IP address, and the version of the Agreement terms are recorded in the Provider’s system logs and constitute sufficient evidence of the conclusion of the Agreement.
1.6. At the Parties’ discretion and in cases provided by the applicable laws of Ukraine, the Agreement may be concluded by signing it by the Customer and the Provider, including by means of electronic document management services using a qualified electronic signature (QES), in particular the Diia.Signature service.
2. TERMS AND DEFINITIONS
2.1. Provider — a business entity whose details are specified on the website in the “Documents” section, which provides the Services under the GMhost trademark.
2.2. Customer — a natural person, a natural person-entrepreneur, or a legal entity that has accepted the Agreement.
2.3. Parties — the Provider and the Customer.
2.4. Agreement (offer, offer agreement) — this public offer concluded between the Provider and the Customer.
2.5. Acceptance — the Customer’s full and unconditional consent to conclude the Agreement in the manner provided by clause 1.4.
2.6. Services — the services provided by the Provider, namely:
— registration, maintenance, and renewal of domain names;
— website hosting services (shared hosting);
— virtual dedicated server rental services (VPS / VDS);
— dedicated physical server rental services (dedicated), including GPU servers and Mac mini;
— colocation services (placement of the Customer’s Equipment);
— VPN access services;
— SSL certificate issuance services;
— software licenses;
— email, CDN, backup, and other related services;
— connection to the power grid and the Internet at the Technical Facility.
2.7. Digital Service — any Service provided to the Customer by granting access via the Internet, without delivery on a tangible medium.
2.8. Technical Facility — a specially equipped premises (data center) in which conditions for the operation of servers and equipment are created: the required climatic conditions, uninterrupted power supply, redundant communication channels, access control, and monitoring.
2.9. Tariff Plan — the list, description, set of Services and rules for their use, and the system of monetary rates approved by the Provider, according to which the amount of payment for the provision of the relevant set of Services is determined. Current Tariff Plans are posted on the Provider’s Website.
2.10. Provider’s Website — the Provider’s internet website and its subdomains.
2.11. Personal Account (Dashboard) — a special section of the Provider’s Website, access to which the Customer obtains via their account, where the Customer can manage the Services.
2.12. Account — a personal set of identification data of the Customer (login/email, password, personal balance, agreement number).
2.13. Login / Password — a set of characters that grants access to the Personal Account (Customer authentication). The Customer is obliged to keep their credentials confidential.
2.14. Personal Balance — the Customer’s account, the number of which is unique in the Billing system. It reflects the receipt of payments from the Customer and their write-off against the Services provided.
2.15. Agreement Number — a unique number issued to the Customer upon registration on the Provider’s Website.
2.16. Billing — the Provider’s hardware-and-software system for the automated quantitative and monetary accounting of the Services provided.
2.17. Customer’s Equipment — equipment owned or used by the Customer that is placed at the Provider’s Technical Facility (colocation service).
2.18. IP Address — a unique identifier of network equipment assigned by the Provider.
2.19. MAC Address — a unique identifier of network equipment determined by the manufacturer.
2.20. Network Details — a unique combination of an IP address and a MAC address.
2.21. Access — the Customer’s ability to use the Services.
2.22. Provider’s Network — the set of technical telecommunication means and facilities of the Provider intended for routing, switching, transmission, and/or reception of signs, signals, written text, images and sounds, or messages over electronic communication channels.
2.23. Technical Feasibility — the availability of technical means, communications, and other resources required to provide the Services.
2.24. Access Data — logins, passwords, activation data, license keys, configuration parameters, connection instructions, and other information enabling the Customer to start using the ordered Service.
2.25. AUP (Acceptable Use Policy) — the rules of acceptable use of the services, which form an integral part of the Agreement and are posted on the Provider’s Website.
2.26. SLA (Service Level Agreement) — the service level agreement for certain categories of Services, the terms of which are posted on the Provider’s Website in the description of the relevant Tariff Plans.
3. SUBJECT OF THE AGREEMENT
3.1. The Provider undertakes to provide the Customer with the Services on the terms and in the scope defined by the Agreement and the selected Tariff Plan, and the Customer undertakes to accept and pay for them. The Customer orders the Services independently via the Personal Account.
3.2. The list of Services, their pricing, and technical characteristics are defined in the Tariff Plans published on the Provider’s Website.
3.3. Annexes to the Agreement (Tariff Plans, the Acceptable Use Policy, the SLA of individual services) are integral parts of the Agreement. In case of conflict between the main text of the Agreement and the annexes, the terms of the annexes apply.
3.4. By agreeing to the terms of the Agreement, the Customer confirms that they:
— have carefully reviewed all clauses of the Agreement and the annexes, accept them, and undertake to comply with them unconditionally;
— have reached the age of 18 and have full civil legal capacity (for natural persons);
— lawfully use the bank payment card (for card payments);
— are not on the sanctions lists of Ukraine, the EU, the USA, the United Kingdom, or the UN;
— do not act in the interests of persons subject to sanctions;
— will not use the Services for activities that contravene the laws of Ukraine and international law.
3.5. The Parties warrant that they are persons who, where necessary, are registered as business entities, act in accordance with the laws of Ukraine, and have the rights necessary to conclude and perform the Agreement.
3.6. If the Customer disagrees with any changes to the Agreement made by the Provider in accordance with clause 4.1.4, the Customer is obliged to complete the receipt of the Services in the manner defined in the Agreement. If, within 14 calendar days from the publication of the notice, the Customer continues to use the Services, the Customer is deemed to have agreed to the changes made.
4. RIGHTS AND OBLIGATIONS OF THE PROVIDER
4.1. Rights of the Provider
4.1.1. To write off funds from the Customer’s Personal Balance based on Billing data in accordance with the Customer’s current Tariff Plan.
4.1.2. To temporarily or fully suspend the provision of the Services unilaterally and without prior notice, and to demand written explanations from the Customer, in the following cases:
— 4.1.2.1. failure to receive payment for the Services within the deadlines set by the Provider;
— 4.1.2.2. the Customer providing inaccurate and/or knowingly false contact information, or failing to provide such information upon request;
— 4.1.2.3. distribution over the Internet of any information that contravenes the laws of Ukraine or the norms of international law (spam, phishing, malicious content);
— 4.1.2.4. publication or distribution of any information or software containing computer viruses or other harmful components;
— 4.1.2.5. actions aimed at violating copyright, related, or other rights of third parties, including the use of pirated content;
— 4.1.2.6. sending commercial electronic messages without the recipients’ consent;
— 4.1.2.7. publication and transmission over the Internet of any information contravening the laws of Ukraine or international law, in particular: pornographic images, videos, other erotic and/or pornographic content, materials about drugs, weapons, terrorism, etc.;
— 4.1.2.8. by decision of a state authority in accordance with the laws of Ukraine;
— 4.1.2.9. detection of attempts to interfere with or gain unauthorized access to the operation of the Provider’s Networks, other Customers of the Services, or resources available via the Internet;
— 4.1.2.10. violation of the terms of this Agreement, the AUP, the SLA, or the applicable laws of Ukraine;
— 4.1.2.11. detection, on the Customer’s and/or the Provider’s equipment, of information that calls for the violent change or overthrow of the constitutional order, threatens national security, the sovereignty, and the territorial integrity of Ukraine;
— 4.1.2.12. use of the Services for activities benefiting the aggressor state or its representatives;
— 4.1.2.13. detection of signs of fraud, money laundering, or violation of sanctions legislation;
— 4.1.2.14. the Customer’s failure to confirm their identity at the Provider’s request (KYC).
4.1.3. Upon detecting such violations, the Provider sends a notice to the Customer at the email address specified in their contact details. If the Customer violates the terms of the Agreement, the Provider has the right to terminate the contractual relationship with the Customer unilaterally, with simultaneous sending of an electronic notice. Funds written off from the Personal Balance for the period prior to termination are non-refundable.
4.1.4. To change the terms of the Tariff Plans (including the amount of payment) and the terms of this Agreement unilaterally by publishing such changes on the Website and/or notifying the Customer by email. The effective date of the changes must be specified in the notice. Information about the change must be communicated to the Customer no later than 7 calendar days before it takes effect.
4.1.5. To set limitations on the terms of the Tariff Plans and promotions.
4.1.6. On the basis of relevant agreements and powers of attorney, to engage third parties (sub-providers, sub-processors) to perform obligations under this Agreement, without prior coordination with the Customer. The Provider is liable for the actions of the engaged third parties as for its own.
4.1.7. To use software and hardware tools to limit channel bandwidth or server performance in case of exceeding the parameters set by the Tariff Plan, as well as to ensure the security of other clients’ access and to control compliance with the terms of the Agreement.
4.1.8. In the event of circumstances beyond the Provider’s control that make further provision of the Services impossible, to terminate the Agreement and notify the Customer by sending a letter to their email.
4.1.9. To disconnect and remove its telecommunication equipment (if such was provided to the Customer) upon termination of the Agreement.
4.1.10. To make a break in the provision of the Services where scheduled preventive maintenance is required. Information about scheduled maintenance is posted on the Website at least 24 hours before it begins. The portion of the prepayment written off from the Personal Balance for the duration of the scheduled maintenance is non-refundable. For Services with an SLA, the time of scheduled maintenance is taken into account when calculating compensation in accordance with the SLA.
4.1.11. To change the Customer’s Network Details and Account for technical reasons and for reasons of increasing the level of security, having notified the Customer in advance by email.
4.1.12. To refuse to connect or to disconnect connected Customer equipment in the absence of documents confirming the compliance of such equipment with the requirements of regulatory documents in the field of telecommunications.
4.1.13. To disconnect, on the basis of a court decision or at the request of law enforcement agencies, the Customer’s equipment if it is used to commit unlawful acts.
4.1.14. To create and store archives of information obtained in the course of the Customer’s use of the Services, and to disclose information upon lawful requests of public authorities, as well as for the normal functioning of the Services or the protection of the Provider and other Customers.
4.1.15. To conduct KYC/AML verification of the Customer at any stage of the provision of the Services, requesting the documents provided for by the Privacy Policy.
4.1.16. To block IP addresses, MAC addresses, and restrict access to individual services upon detection of DDoS attacks, port scanning, brute force, or other activities that threaten the security of the Provider’s network or third parties.
4.1.17. Other rights provided by the Agreement and/or the applicable law.
4.2. Obligations of the Provider
4.2.1. To provide the Services in a timely manner, within the deadlines and in the manner provided by the Agreement and the laws of Ukraine, in accordance with the standards and regulatory documents of the industry and the SLA (where applicable).
4.2.2. To publish on the Website or in the Personal Account, or send by email, official notices regarding maintenance, changes to Tariff Plans, changes to the terms of the Agreement, etc.
4.2.3. To accept, consider, and respond to the Customer’s applications and complaints within the deadlines and in the manner defined by the Agreement and the law.
4.2.4. To keep the Customer’s information confidential and to process their personal data in accordance with the Privacy Policy and the requirements of the law (GDPR, Law of Ukraine No. 2297-VI).
4.2.5. Where the Customer uses equipment owned by the Provider, to ensure the operability of the hardware components throughout the term of the Agreement. In the event of equipment failure, to ensure replacement with equipment of technical characteristics no worse than those agreed by the Parties. To ensure the operation of the equipment in accordance with standard operating conditions.
4.2.6. To notify the Customer of security incidents that may affect their data within the deadlines provided by law (for personal data incidents — within 72 hours).
4.2.7. To provide the Customer with access to the history of payments, invoices, and acts of completed work via the Personal Account.
5. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
5.1. Rights of the Customer
5.1.1. To order additional Services or change the type of Services according to their needs, in the manner and on the terms of the Agreement.
5.1.2. To suspend the receipt of the Services in the manner provided by the relevant Tariff Plan.
5.1.3. To receive from the Provider information and consultations to the extent necessary for the use of the Services, including information on the state of financial settlements, consumption of the Services, additional services, and the terms of their provision.
5.1.4. In the event of the Provider’s violation of the deadlines for eliminating damage (failures) that occurred through no fault of the Customer, to receive a recalculation for the time of the damage that led to the cessation of the receipt of the Services, in accordance with the SLA (where applicable). This clause does not apply to scheduled maintenance under clause 4.1.10.
5.1.5. To refuse further use of the Services and terminate the Agreement in the manner defined by the Agreement. Such termination does not create an obligation for the Provider to refund funds previously paid for digital services rendered (see Section 14).
5.1.6. To request the Provider to transfer the domain to another registrar or to delete the domain. To begin the domain transfer procedure, the Customer must send a letter from their contact email indicating the domain and the new registrar. After verification of payment and identification, the domain owner receives the transfer code. Deletion of domains that were not paid for on time is carried out in accordance with the rules of the relevant public domain.
5.1.7. To receive the unused portion of funds in the event of refusal of prepaid and not-yet-received Services (i.e., those access to which has not yet been granted), in the cases and in the manner defined by the Agreement and the applicable law. Section 14 applies to digital services already rendered.
5.1.8. To receive primary accounting documents (acts of completed work, invoices) for accounting purposes in electronic form via the Personal Account and/or in paper form upon separate request.
5.1.9. To submit requests, complaints, and proposals via [email protected] or through the Personal Account.
5.2. Obligations of the Customer
5.2.1. To provide complete, truthful, and accurate information in the amount necessary for the provision of the Services. Information provided by the Customer may, where necessary, be transferred to third parties in accordance with the Privacy Policy.
5.2.2. To pay for the Services in a timely manner, on the terms and in the manner defined in the Agreement, in accordance with the selected Tariff Plan.
5.2.3. To ensure the confidentiality of credentials (login, password, API keys). All actions performed using the Customer’s credentials are deemed performed by the Customer, unless the Customer has notified the Provider of the compromise of the credentials.
5.2.4. To use the Services in accordance with the AUP and the applicable law.
5.2.5. To independently ensure the backup of their own data. The Provider is not liable for the loss or damage of the Customer’s data, except where the backup service is part of the Tariff Plan.
5.2.6. To update contact information in the Personal Account if it changes.
5.2.7. To notify the Provider of all cases of suspicious activity, unauthorized access, or data leakage through their account.
5.2.8. To ensure that the content placed on the Services does not violate the rights of third parties, the laws of Ukraine, or international law.
5.2.9. To cooperate with the Provider in investigating security incidents and considering abuse complaints, including providing explanations and documents upon request.
5.2.10. To use the Services only for their own purposes or in the interests of persons on whose behalf the Customer is entitled to act. Resale of the Services to third parties without the Provider’s written consent is not permitted (except where the Customer has purchased a reseller package).
6. TARIFFS AND PAYMENT PROCEDURE
6.1. The cost of the Services is determined by the Tariff Plan in effect at the time of payment, published on the Provider’s Website.
6.2. Settlements are made in hryvnia. For Services denominated in foreign currency, payment in hryvnia is made at the Provider’s exchange rate published on the Website and fixed at the time the invoice is issued.
6.3. The payment system is prepayment. The Customer tops up the Personal Balance with an amount sufficient to pay for the ordered Services for the selected period.
6.4. Available payment methods:
— bank cards Visa / MasterCard / Mir (via payment gateways);
— Apple Pay, Google Pay;
— bank transfer to the Provider’s account (IBAN);
— electronic payment systems accredited in Ukraine;
— cryptocurrency via authorized payment gateways (if provided by the Tariff).
6.5. Crediting of funds to the Personal Balance is carried out after confirmation of payment by the payment gateway / bank. The moment of payment is the moment the funds are credited to the Provider’s account.
6.6. VAT is charged in accordance with the applicable laws of Ukraine. Non-resident Customers pay for the Services without VAT in the cases provided by the Tax Code of Ukraine.
6.7. The Provider issues an invoice (for legal entities and natural person-entrepreneurs — with requisites) and draws up an act of completed work upon the fact of provision of the Services. The documents are available in the Personal Account in electronic form.
6.8. In the event of late payment, the Provider has the right to:
— suspend the provision of the Services in accordance with clause 4.1.2;
— charge a penalty in the amount of double the NBU discount rate of the debt amount for each day of delay (for legal entities and natural person-entrepreneurs);
— apply to the court to recover the debt.
6.9. Refunds to the Personal Balance of overpayments, erroneous payments, and duplicate payments are carried out in accordance with the Refund Policy.
6.10. The Customer independently monitors the state of their Personal Balance via the Personal Account.
7. PROCEDURE FOR PROVIDING THE SERVICES
7.1. The provision of the Services begins after acceptance of the Agreement and confirmation of payment.
7.2. The Provider provides the Customer with the Access Data by:
— sending an email to the address specified by the Customer upon registration; and/or
— placing the Access Data in the Customer’s Personal Account.
7.3. The moment of sending the Access Data (clause 7.2) is the moment of provision of the digital Service within the meaning of Section 14 of this Agreement.
7.4. The Provider is obliged to ensure activation of the ordered Service within the period specified in the Tariff Plan or SLA (usually, from a few minutes for automated services to 48 hours for services requiring manual provisioning).
7.5. If it is impossible to provide the Service for technical reasons attributable to the Provider, the Provider is obliged to notify the Customer within a reasonable time and either remove the obstacle or refund the funds paid in accordance with clause 4.1 of the Refund Policy.
8. ACCEPTABLE USE POLICY (AUP)
8.1. The Customer is obliged to comply with the AUP published on the Provider’s Website. The main prohibitions:
— sending spam, phishing, malicious messages;
— hosting malicious software (viruses, trojans, C&C servers);
— port scanning, brute force, DDoS attacks on any resources (except one’s own as part of penetration testing with the Provider’s written permission);
— hosting pirated content, materials that infringe copyright;
— hosting pornography, especially involving minors (CSAM) — without exception and with immediate termination of the contractual relationship and transfer of information to law enforcement agencies;
— hosting content that promotes violence, terrorism, drugs, or arms trafficking;
— hosting content that threatens national security, the sovereignty, and the territorial integrity of Ukraine;
— hosting content benefiting the aggressor state;
— use of the Services for cybercrime, fraud, money laundering;
— anonymization (Tor exit nodes, proxies for malicious actions) without the Provider’s written consent;
— cryptocurrency mining on Tariff Plans where it is not expressly permitted;
— overloading equipment beyond the Tariff Plan’s limits.
8.2. Upon detecting AUP violations, the Provider has the right to immediately, without prior notice, suspend or terminate the provision of the Services, with transfer of information to law enforcement agencies in the cases provided by law. Funds for the unused period in the case of a gross AUP violation are non-refundable.
9. ABUSE POLICY AND HANDLING OF COMPLAINTS
9.1. Complaints about the content or actions of the Customer are accepted at [email protected].
9.2. The Provider considers complaints within the following deadlines:
— complaints regarding CSAM, terrorism — immediately;
— complaints regarding malware, phishing, DDoS — within 24 hours;
— copyright complaints (DMCA-like) — within 3 business days;
— other complaints — within 10 business days.
9.3. If a complaint is confirmed as justified, the Provider requires the Customer to remedy the violation within the established period. In case of failure to comply, the Service is suspended or terminated.
9.4. The Customer has the right to appeal the Provider’s decision by providing counterarguments and evidence.
10. BACKUP AND DATA RETENTION
10.1. Responsibility for backing up one’s own data lies with the Customer, unless otherwise provided by the Tariff Plan. The Provider is not liable for the loss, damage, or deletion of the Customer’s data.
10.2. If the backup service is included in the Tariff Plan, the Provider ensures backup with the frequency and depth specified in the Tariff. Data recovery from backups is carried out at the Customer’s request.
10.3. After termination of the Agreement, the Customer’s data is retained for 30 calendar days, after which it is irrevocably deleted. An exception is data that must be retained to fulfil legal obligations (financial reporting, court requests).
11. CHANGE, SUSPENSION, AND TERMINATION OF SERVICES
11.1. The Customer has the right to change the Tariff Plan (upgrade / downgrade) at any time, in the manner provided on the Website. An upgrade is carried out with a recalculation; a downgrade — from the end of the current paid period.
11.2. The Customer has the right to refuse the Services before they are provided (before the Access Data is sent). In such a case, the paid funds are refunded in full, less payment gateway costs.
11.3. After the Service is provided (the Access Data is sent), the Customer has the right to stop using it at any time, but the funds previously paid for the current period are non-refundable (Section 14).
11.4. The Provider has the right to terminate the Agreement unilaterally in the cases provided by clause 4.1, with notice corresponding to the nature of the violation.
12. CONFIDENTIALITY AND PERSONAL DATA
12.1. Processing of the Customer’s personal data is carried out in accordance with the Privacy Policy (https://gmhost.ua/privacy-policy), which is an integral part of the Agreement.
12.2. The Parties undertake to keep secret the commercial and technical information that became known to them during the performance of the Agreement, and not to disclose it to third parties without the written consent of the other Party, except in cases provided by law.
12.3. The Provider processes personal data on the basis of Article 6(1)(b) of the GDPR (performance of a contract) and other grounds specified in the Privacy Policy.
12.4. For Customers that are legal entities processing the personal data of third parties via the Provider’s infrastructure, a Data Processing Agreement (DPA) is concluded upon request in accordance with Article 28 of the GDPR.
13. LIABILITY OF THE PARTIES. LIMITATION OF LIABILITY
13.1. For non-performance or improper performance of obligations under the Agreement, the Parties bear liability in accordance with the applicable laws of Ukraine.
13.2. Limitation of the Provider’s liability:
13.2.1. The Provider is not liable for:
— loss of the Customer’s data, if the backup service is not included in the Tariff Plan;
— the content of information placed by the Customer on the Provider’s infrastructure;
— actions of third parties, including hacker attacks made possible by vulnerabilities in the Customer’s software;
— disruption of the Services due to the Customer’s use of unlicensed or unstable software;
— indirect damages, lost profits, or moral harm to the Customer.
13.2.2. The Provider’s aggregate liability under the Agreement for any claims arising within 12 months is limited to the amount of funds paid by the Customer for the relevant Service for that period, unless otherwise provided by the imperative norms of consumer protection legislation.
13.2.3. In the event of Service downtime exceeding the guaranteed SLA level, compensation is provided exclusively in the form of a credit to the Personal Balance (service credit) according to the formula specified in the relevant SLA. No monetary compensation is paid.
13.3. Liability of the Customer:
13.3.1. The Customer bears full liability for:
— the content of information placed on the Services;
— actions of third parties performed using the Customer’s credentials;
— violation of the rights of third parties;
— damage caused to the Provider or other persons as a result of a violation of the Agreement or the AUP.
13.3.2. The Customer shall fully indemnify the Provider for damages, fines, and court costs arising from the Customer’s violation of the Agreement, the AUP, or the law. This includes third-party claims regarding copyright infringement, personal data, etc.
14. MOMENT OF PROVISION OF A DIGITAL SERVICE. NO RIGHT OF REFUND
14.1. Legal qualification of the Services
14.1.1. The Parties agree that all Services provided for by this Agreement (hosting, VPS/VDS, dedicated servers, GPU servers, Mac mini, VPN, domain names, SSL certificates, software licenses, and other related services) are digital services and digital content not supplied on a tangible medium, within the meaning of:
— Article 9 of the Law of Ukraine “On Consumer Protection” No. 1023-XII;
— Article 16 of Directive 2011/83/EU on consumer rights;
— Article 12 of Directive 2019/770 on digital content.
14.2. Moment of provision of the Service
14.2.1. A digital service is deemed provided in full from the moment the Access Data to it (login, password, activation data, license key, configuration parameters, connection instructions) is sent to the Customer’s email and/or such Access Data is placed in the Personal Account.
14.2.2. The fact of sending the Access Data is recorded in the Provider’s system logs and constitutes sufficient and indisputable evidence of the provision of the Service.
14.2.3. The Customer’s subsequent non-use of the Service, partial use, lack of need for the Service, or change in the Customer’s circumstances or intentions do not affect the fact of provision of the Service and are not grounds for a refund.
14.3. The Customer’s explicit consent to immediate performance
14.3.1. By accepting this Agreement and paying for the Service, the Customer:
— gives explicit prior consent to immediate performance of the Agreement by the Provider before the expiry of any withdrawal period provided by Article 12 of the Law “On Consumer Protection” for contracts concluded off-premises and at a distance;
— acknowledges that they lose the right of withdrawal from the Agreement after the Service is provided in accordance with clause 14.2.1;
— confirms that they are aware of this condition and its consequences in accordance with Article 16(m) of Directive 2011/83/EU and Article 14 of Directive 2019/770;
— agrees that the mandatory checkbox in the order form “I have reviewed and give my consent” is documented confirmation of this consent.
14.4. No right of refund
14.4.1. For digital services provided by the Provider in accordance with clause 14.2.1, the paid funds are not refunded.
14.4.2. The terms, procedure, and exceptions regarding refunds are set out in detail in the Refund Policy (https://gmhost.ua/refund-policy), which is an integral part of the Agreement.
14.5. Exceptional cases of refund
14.5.1. A refund is possible only in the cases defined by the Refund Policy, among which:
— technical impossibility of providing the Service through the Provider’s fault (if the obstacle cannot be removed within 5 business days);
— a payment error (overpayment);
— a duplicate payment;
— cases provided by the imperative norms of consumer protection legislation.
15. FORCE MAJEURE
15.1. The Parties are released from liability for partial or complete non-performance of obligations under the Agreement if it resulted from circumstances of force majeure, namely:
— natural disasters (earthquakes, floods, fires);
— martial law, military actions, armed aggression, occupation, blockade, sabotage, terrorist acts;
— missile strikes, drone strikes, explosions;
— declaration of a state of emergency;
— large-scale cyberattacks, including at the state level;
— nationwide strikes;
— decisions and acts of public authorities that make performance of the Agreement impossible, including sanctions restrictions;
— power, communications, or Internet outages over a significant territory;
— epidemics, pandemics, quarantine restrictions;
— other circumstances arising beyond the Parties’ will that cannot be foreseen or prevented by reasonable measures.
15.2. Force majeure circumstances are certified by a certificate of the Ukrainian Chamber of Commerce and Industry or the relevant regional branch.
15.3. The Party affected by force majeure is obliged to notify the other Party within a reasonable time (but no later than 14 days), if technically feasible.
15.4. If force majeure circumstances last more than 60 calendar days, each Party has the right to terminate the Agreement by notifying the other Party in writing.
15.5. Funds paid for services that cannot be provided due to force majeure are refunded or credited to the Personal Balance at the Customer’s choice — except for services that have already been provided in accordance with clause 14.2.1 before the force majeure occurred.
16. TERM OF THE AGREEMENT. TERMINATION
16.1. The Agreement enters into force from the moment of acceptance by the Customer and is valid until termination in the manner provided by the Agreement.
16.2. The Agreement may be terminated:
— at the initiative of the Customer — by submitting a relevant request via the Personal Account;
— at the initiative of the Provider — in the cases provided by clause 4.1.2, with notice;
— by agreement of the Parties;
— in the cases provided by the applicable law.
16.3. Upon termination of the Agreement, the Customer is obliged to:
— complete the use of the Services within the established period;
— ensure the migration of their own data;
— return the equipment received from the Provider (if provided).
16.4. Termination of the Agreement does not release the Customer from the obligation to pay for the Services provided before the moment of termination.
17. DISPUTE RESOLUTION
17.1. All disputes arising from this Agreement, the Parties undertake to resolve through negotiations.
17.2. If agreement is not reached, the dispute is subject to settlement through a claim procedure. The deadline for responding to a claim is 30 calendar days.
17.3. If amicable settlement is impossible, the dispute is subject to consideration:
— by the courts of Ukraine at the location of the Provider — for disputes between the Provider and legal entities / natural person-entrepreneurs;
— by the courts at the location of the defendant or at the consumer’s place of residence — for disputes between the Provider and natural person-consumers (at the consumer’s choice).
17.4. The Parties have the right to apply mediation before or during the court process.
17.5. The applicable law is the law of Ukraine.
18. EXCHANGE OF NOTICES
18.1. All notices under the Agreement are deemed proper if sent:
— to the email specified by the Customer upon registration;
— through the Personal Account;
— to the Provider’s email [email protected];
— by registered letter to the postal address of the Party.
18.2. A notice sent by email is deemed received on the day of sending, if it was sent on a business day before 18:00 Kyiv time; otherwise — on the next business day.
18.3. The Customer is obliged to keep their contact information in the Personal Account up to date. The risk of non-receipt of a notice due to outdated contact details is borne by the Customer.
19. FINAL PROVISIONS
19.1. The Parties confirm that they have reviewed all provisions of the Agreement and all annexes to it.
19.2. The integral parts of the Agreement are:
— the Privacy Policy (https://gmhost.ua/privacy-policy);
— the Refund Policy (https://gmhost.ua/refund-policy);
— the Acceptable Use Policy — AUP (https://gmhost.ua/aup);
— the Tariff Plans (https://gmhost.ua/pricing);
— the SLA (for Tariffs where provided).
19.3. If a particular provision of the Agreement is found invalid, this does not affect the validity of the remaining provisions. The invalid provision is replaced with one that best corresponds to the original intent of the Parties and the requirements of the law.
19.4. The Agreement is drawn up in Ukrainian. In the event of discrepancies between the Ukrainian and any other language version of the Agreement, the Ukrainian version prevails.
19.5. The Customer has no right to transfer their rights and obligations under the Agreement to third parties without the Provider’s written consent. The Provider has the right to transfer its rights and obligations under the Agreement without the Customer’s consent in the event of reorganization or sale of the business.
19.6. The Provider may use the trade name and logo of the Customer (for legal entities) in its list of clients for marketing purposes, unless the Customer objects to this in writing.
19.7. Sanctions clause: The Customer warrants that they are not, and do not act in the interests of, persons subject to the sanctions of Ukraine, the EU, the USA, the United Kingdom, or the UN. If a violation of this clause is detected, the Agreement is terminated immediately, the Services are terminated, and the paid funds are not refunded.
20. DETAILS OF THE PROVIDER
The details of the Provider — the business entity providing the services under the GMhost trademark — are specified on the Provider’s website in the “Documents” section.
— Website: https://gmhost.ua
— General support
— Phone: +380 44 221 33 43