Server Administration Service Regulation

This is a translation. The Ukrainian-language redaction of this Regulation is the authentic one — Ukrainian version (address: www.zevshost.net/uk/kb/reglament-administrirovaniya-servera). In the event of any discrepancy, the Ukrainian text prevails (clause 23.1 of the Public Offer Agreement).

How This Document Relates to the Public Offer

ZevsHost services are provided under the terms of the public offer agreement published at /legal/oferta (the "Agreement"). The Provider is HOST VDS LLC, registration code (EDRPOU) 37884379.

Clause 14.5 of the Agreement expressly classifies administration of the Customer's software, development, debugging, and data migration as work that is not covered by technical support and is performed under a separate order. This Regulation sets out the terms of such a separate order.

This Regulation is not among the appendices listed in clause 1.6 of the Agreement and does not alter the terms of hosting. Matters not directly governed here are governed by the corresponding sections of the Agreement. Where the Regulation and the Agreement conflict on matters the Agreement governs directly, the Agreement prevails.

1. Status and Legal Nature of the Service

1.1. Submitting an administration Request (Section 8) constitutes acceptance of this Regulation. Acceptance means the Customer's explicit confirmation of the agreed scope and cost of work in the ticket system of the Client Area, or payment of the issued invoice.

1.2. The Service is a mixed-type contract (part two of Article 628 of the Civil Code of Ukraine): tasks without a predetermined measurable result (diagnostics, consultation, incident response) are governed by Chapter 63 of the Civil Code of Ukraine; Requests with a predetermined, agreed measurable result are governed by Chapter 61 of the Civil Code of Ukraine.

1.3. The Provider renders the Service with reasonable care and appropriate qualification. Unless otherwise expressly agreed in writing for a specific Request, the Provider's obligation is an obligation of conduct, not an obligation to achieve a specific result: the Provider undertakes to perform the agreed work in good faith but does not guarantee that it will eliminate the root cause of the problem, prevent its recurrence, or ensure uninterrupted server operation going forward.

2. Definitions

The terms of Section 2 of the Agreement are used with the same meaning. In addition:

• Request — the Customer's submission to the ticket system of the Client Area describing a task.
• Incident — one specific task recorded in one Request.
• Hourly work — provision of the Service without a subscription fee, billed for time actually spent.
• Subscription service — provision of the Service under a monthly fee that includes a set number of hours.
• Estimate — a preliminary calculation of time and cost sent to the Customer before work begins.

3. What the Service Includes

3.1. Where technically feasible and subject to Sections 4 and 5 the Provider performs on Request, in particular:

1. installation and basic configuration of server control panels;
2. installation and basic configuration of standard web software and DBMS — web server, PHP or another supported runtime, database, caching tools;
3. assistance with installing and performing basic configuration of popular CMS platforms — excluding fixing errors in the Customer's theme, plugin, and customization code;
4. restoring a site or server from a backup provided by the Customer, or from a standard backup where the backup service has been ordered separately;
5. migrating a site or server within, or onto, the Provider's infrastructure — where technically compatible and access is available;
6. configuring backups to the server's local storage or to external storage whose credentials are provided by the Customer; the cost of the external storage itself is not covered by the Service;
7. diagnosing malfunctions based on external and technically observable indicators — unavailability, web server errors, resource shortages, misconfiguration — without analysis of the Customer's application source code;
8. issuing, installing, and renewing SSL certificates, including free ones, and basic HTTPS configuration;
9. changing the PHP version, enabling and installing PHP extensions;
10. basic caching configuration for standard configurations;
11. restoring SSH or console access lost by the Customer — after confirmation of account ownership;
12. transferring a dedicated or additional IP address — within technical feasibility and the infrastructure operator's rules.

3.2. This list is indicative and non-exhaustive. The Provider may accept another general-purpose server administration task if it is technically feasible and does not fall under Section 4 or 13.

4. What the Service Does Not Include

4.1. The Provider does not perform:

1. finding and fixing errors in the Customer's own code, scripts, themes, plugins, and customizations;
2. SQL query optimization, database design, and restructuring beyond basic DBMS parameter configuration;
3. website layout, design, and development;
4. installation and maintenance of specialized or non-standard software — including game servers, proxy and VPN servers for third parties, mining software, and any software whose use is restricted by Appendix 1 (AUP) to the Agreement or by the legislation of Ukraine;
5. work requiring physical access to equipment. For a substantial portion of the services, the Provider does not own the equipment and has no physical access to it; such work is performed by the infrastructure operator upon a separate request;
6. data recovery in the absence of a backup — whether on the Customer's or the Provider's side. The obligation to create and store backups rests with the Customer (clause 5.5 of the Agreement);
7. delivering a specific measurable result — an increase in performance, security level, or search ranking positions — unless such a result is agreed in writing for a specific Request.

4.2. If a Request falls, wholly or in part, within the list above, the Provider notifies the Customer and declines the relevant part under Section 13 or offers to perform the work under a separate arrangement.

5. Supported Operating Systems

5.1. The Service is provided for servers running:

• Debian — current stable branches;
• Ubuntu Server — current LTS branches;
• AlmaLinux — version 8 and above.

5.2. Work on other systems and platforms, including Windows Server, BSD systems, and unsupported branches of the distributions listed, is not part of the standard scope of the Service. Their feasibility, scope, and cost are determined individually; the Provider may decline on the grounds set out in Section 13.

6. Cost and Payment Procedure

6.4. Unit of time accounting. The minimum order for hourly work is 1 hour. Time actually spent is rounded up to the nearest whole hour separately for each Incident; time across different Incidents is not aggregated for rounding purposes.

6.5. Currency. The cost is expressed in US dollars as the settlement currency for pricing purposes. The currency of actual payment is determined by clause 10.2 of the Agreement and clauses 3.3–3.4 of Appendix 5: for residents of Ukraine — hryvnia at the official exchange rate of the National Bank of Ukraine on the invoice date, as fixed in the invoice; for non-residents — euro or US dollar at the Customer's choice.

6.6. The Service is provided on a prepayment basis unless otherwise expressly agreed in writing for a specific Request. Clause 8.6 applies to urgent work.

6.7. The Provider is not a value-added tax payer; VAT is not charged on the cost of the Service and is not included in the price. The prices stated are final (clause 10.3 of the Agreement, Section 1 of Appendix 5).

6.8. One-off work that has been paid for and actually performed is non-refundable (clause 5.5 of Appendix 5 to the Agreement, "One-off work" line).

7. Subscription Package: Included Hours

7.1. Hours included in the subscription service may be used solely during the Billing Period for which the subscription fee has been paid.

7.2. Unused hours do not carry over to the next Billing Period, do not accumulate, and are not subject to any monetary or other compensation.

7.3. Switching from the subscription service to hourly work, and back, takes effect from the start of the next Billing Period. Work begun before the change of format is billed under the terms in effect at the time it was performed.

8. Procedure for Submitting and Agreeing a Request

8.1. A Request is submitted through the ticket system of the Client Area. Requests received through other channels are accepted for execution once recorded in the ticket system.

8.2. Requests are accepted around the clock. This Regulation does not establish a guaranteed period for assessment, commencement, or completion of work, unless a different period is expressly agreed by the Parties in writing for a specific Request.

8.3. For a Request that requires an assessment, the Provider sends the Customer an Estimate.

8.4. Work begins only after the Customer's explicit agreement to the Estimate, recorded in the ticket system, except in the cases under clauses 8.5 and 8.6.

8.5. Agreement on cost is not required where the work fits within hours already paid for under the subscription service: the Customer agrees only the scope of work. If it becomes apparent during performance that the Request will exceed the included hours, the Provider informs the Customer before the excess occurs and sends an Estimate for the excess.

8.6. Urgent work. Where delay in obtaining consent would objectively create a risk of further data loss or complete server failure, the Provider may commence urgent work based on a preliminary assessment sent to the Customer, without waiting for confirmation (Article 940 of the Civil Code of Ukraine). The Customer pays for such work within the limits of the assessment sent; any excess is payable only upon subsequent agreement, except where it was objectively necessary to prevent further damage, of which the Customer is notified without delay.

8.7. A Request for which the Estimate is not agreed within 10 calendar days of it being sent is deemed withdrawn and is closed without the work being performed and without any charge.

9. Performance of Work. Incident

9.1. Each Request is treated as a separate Incident. Work on different Incidents, including those related in substance, is accounted for and billed separately, unless the Parties agree otherwise in writing.

9.2. Where technically possible and appropriate, before work carrying a risk of data loss, the Provider creates a temporary backup. This is an additional precaution that does not replace the Customer's obligation to independently create and store backups (clauses 5.5 and 7.1.5 of the Agreement) and does not create an ongoing backup obligation for the Provider.

10. Acceptance of Work and Claims

10.1. On completion of work, the Provider records in the ticket system a description of the work performed and the time spent.

10.2. The Customer shall raise reasoned objections regarding the scope, content, or conformity of the work with the agreed Request within 3 business days of receiving notice of completion.

10.3. If no objections are received, the work under that Incident is deemed accepted without comment as to scope and the fact of performance.

10.4. The period under clause 10.2 does not shorten the limitation period. It determines the moment of acceptance as to scope and the fact of performance and does not limit the Customer's right to raise a claim for latent defects within the general limitation period (Articles 257 and 903 of the Civil Code of Ukraine), nor the rights of a Customer who is a consumer (Section 18 of the Agreement).

10.5. The rule in clause 10.2 applies only to this Service and does not alter the 10-day period set out in clause 7.3 of Appendix 5 for acts covering other services.

11. Liability

11.1. Section 13 of the Agreement applies, as clarified by this Section.

11.2. The Provider is not liable for:

1. the content, lawfulness, and preservation of the Customer's content;
2. loss of data where the Customer has no backup of its own;
3. the consequences of the Customer's or third parties' use of access credentials after completion of work;
4. defects in third-party software not attributable to the Provider's actions;
5. a result, where it has not been agreed in writing as a specific measurable result;
6. indirect losses and lost profit — within the limits of clause 13.2.7 of the Agreement.

11.3. Cap on liability. For a Customer that is not a consumer, the Provider's total liability under all claims relating to the Service is capped as follows: for hourly work — the cost of the specific Incident giving rise to the claim; for the subscription service — the cost of fees for the 3 Billing Periods preceding the event, but not exceeding the cost of 12 consecutive months.

11.4. The limitation in clause 11.3 does not apply to Customers who are consumers resident in Ukraine (clause 13.4 of the Agreement) or in the event of the Provider's intent or gross negligence (clause 13.5 of the Agreement).

11.5. What the Service does not guarantee. Provision of the Service does not mean or imply:

1. any guarantee of uninterrupted or error-free server operation after the work is performed;
2. any guaranteed level of availability, unless expressly established by the hosting tariff plan;
3. any guaranteed period for responding to a Request or completing it;
4. any guarantee that the result is fit for the Customer's particular purpose unless agreed in writing.

12. Customer's Obligations

12.1. The Customer shall:

1. provide the access necessary to perform the Request, to the minimum extent sufficient;
2. before work carrying a risk of data loss, independently create a backup, or expressly confirm its absence and acceptance of the associated risk;
3. give advance notice of any non-standard, self-developed, modified, or unlicensed software used on the server, and of any production load critical to business continuity;
4. pay agreed Estimates and invoices on time;
5. ensure it holds licenses for the third-party software it uses;
6. comply with the Agreement, including Appendix 1 (AUP).

12.2. The Customer confirms the accuracy of the information provided when submitting a Request. The provision of knowingly inaccurate information that causes damage during the performance of work releases the Provider from liability for such damage to the corresponding extent.

12.3. Access credentials are used by the Provider solely to perform the Request; after completion of work, the Customer revokes or changes them at its discretion.

13. Grounds for Refusal

13.1. The Provider may refuse to accept or perform a Request, in whole or in part, if:

1. the Request falls within the list in Section 4;
2. the server runs an operating system outside the list in Section 5, and an individual assessment has not been made or produced a negative result;
3. the server has specialized, non-standard, or substantially modified software installed, work with which requires special knowledge the Provider does not have, or creates a disproportionate risk to server stability;
4. the purpose of the work conflicts with Appendix 1 (AUP) or the legislation of Ukraine;
5. there is no technical possibility of performing the work, including due to lack of physical access to the equipment;
6. the Customer has not provided access or information within a reasonable time after a request;
7. the Customer has outstanding debt or a suspension of services is in effect on the grounds set out in Section 12 of the Agreement;
8. grounds listed in clause 3.7 of the Agreement exist.

13.2. The Provider notifies the refusal and its grounds through the ticket system. Funds for the declined and not-yet-started part of a Request are refunded in full within the period set out in clause 5.6 of Appendix 5.

14. Data, Access, and Confidentiality

14.1. The Provider's access to the Customer's content in order to perform a Request is a case covered by clause 15.4 of the Agreement (provision of an ordered service upon direct request). Every such access is logged in service records.

14.2. Section 15 of the Agreement and Appendix 4 to it apply to personal data.

14.3. Information about the content and results of completed Requests constitutes confidential information within the meaning of clause 15.5 of the Agreement.

15. Force Majeure

15.1. Section 20 of the Agreement applies. Force majeure circumstances release the Provider from liability for failure to perform, or delay in performing, a Request, but do not release the Customer from the obligation to pay for work actually performed.

15.2. If such circumstances make performance of a Request impossible for more than 30 calendar days, either Party may withdraw from its further performance; amounts paid but not worked off are refunded.

16. Effect and Amendment of the Regulation

16.1. This Regulation applies to Requests submitted after the effective date of the relevant redaction.

16.2. The Provider may amend this Regulation, including the cost of the Service. The new redaction is published at the address where this document is hosted, stating the redaction number and effective date.

16.3. Amendments apply to Requests submitted after the effective date and do not alter the terms of Requests for which an Estimate was agreed earlier, nor, for the subscription service, the terms of the current paid Billing Period.

16.4. A Customer who does not agree with the new redaction may decline to renew the subscription service for the next Billing Period under the general procedure (Section 21 of the Agreement).

17. Disputes and Governing Law

17.1. Section 22 of the Agreement and clause 22.4 (the law of Ukraine) apply. For Customers who are consumers resident in Ukraine, clause 18.6 of the Agreement additionally applies.

17.2. Claims are accepted under the procedure in clause 22.2 of the Agreement, and for consumers, clause 18.7 of the Agreement.

18. How to Order

Hourly work — via the billing panel. Subscription service is added as an add-on when ordering a dedicated server. Inquiries about the Service — the ticket system of the Client Area at billing.zevshost.net.