This is a translation. The authentic version is the Ukrainian one (https://www.zevshost.net/legal/oferta). In case of discrepancy, the Ukrainian text prevails.
This is an adhesion contract (Article 634 of the Civil Code of Ukraine). You either accede to it in full or you do not use the Services. Partial acceptance is not possible.
Pay particular attention to: — Section 8 (anti-fraud) and Annex 1 — these list what leads to immediate shutdown and how funds paid are then applied (clause 13.10); — Section 13 (limitation of liability) and Section 14 (service quality) — these define exactly what you can expect in case of an outage; — Section 4 — you must provide accurate information about yourself and keep it current; this is a statutory requirement, not our preference.
1.1. This document is an official public offer by Limited Liability Company «HOST VDS» (hereinafter — the Provider) to conclude an agreement for the provision of hosting services on the terms set out below with any person who approaches it.
1.2. The offer is published openly on the Internet at https://www.zevshost.net/legal/oferta and, pursuant to the third paragraph of part one of Article 641 of the Civil Code of Ukraine, constitutes an offer to conclude an agreement irrespective of whether it bears an electronic signature.
The controlling version of the Agreement and its annexes is the one published at the address given in the first paragraph of this clause. The Provider may publish copies of the Agreement and the annexes on other domains belonging to it and in other language versions. Where a copy differs from the controlling version, the controlling version prevails.
How to verify a copy. Three files are published at each document's address:
source.md — the text of the document, index.html — the page, and sha256.txt —
the sha256 values of both. The same values are shown at the top of the document
page. Anyone may download these files and check the hashes (for example, with
sha256sum -c sha256.txt). A mismatch means the text was altered after
publication.
1.3. An agreement concluded on the basis of this offer is a public contract within the meaning of Article 633 of the Civil Code of Ukraine and an adhesion contract within the meaning of Article 634 of the Civil Code of Ukraine.
1.4. The terms of this Agreement are identical for all Customers of the relevant category. The Provider grants no preference to one Customer over another in concluding the Agreement. Discounts, promotions and special tariff offers apply to all Customers meeting the announced and uniformly applied conditions of such offers.
1.5. The Provider may not unreasonably refuse to conclude the Agreement where it has the technical capacity to provide the Services. The exhaustive list of grounds for refusal is set out in clause 3.7.
1.6. The following annexes, published openly at permanent addresses, form an integral part of the Agreement:
| No. | Annex | Address |
|---|---|---|
| 1 | Acceptable Use Policy (AUP) | /legal/aup |
| 2 | Complaints Handling and Takedown Procedure (Abuse) | /legal/abuse |
| 3 | Customer Verification Policy | /legal/kyc |
| 4 | Personal Data Processing Policy | /legal/privacy |
| 5 | Pricing, Payments and Refunds | /legal/tariffs |
| 6 | Law Enforcement Requests and Information Disclosure | /legal/law-enforcement |
1.7. The annexes are incorporated into the Agreement by reference pursuant to part five of Article 11 of the Law of Ukraine «On Electronic Commerce». The Provider ensures unimpeded access to them without registration or authentication. In case of conflict between this offer and an annex, this offer prevails, except where the annex expressly establishes a special rule for a particular type of Service.
1.8. Each version of the Agreement and of each annex bears a version number, a publication date, an effective date and an sha256 value, all stated on the document page itself.
The Provider undertakes to retain each superseded version for the limitation
period, and in any event for no less than three years from the date it ceased to
be in force, and to supply it upon the Customer's written request. From the
publication of the second version onwards the Provider additionally publishes an
archive of previous versions at /legal/archive; until then version 1.0 is the
only version, it is in force, and no archive is maintained.
Provider — LLC «HOST VDS», identification code 37884379.
Customer — a natural person, a natural person–entrepreneur or a legal entity that has accepted this offer in the manner set out in Section 3.
Consumer Customer — a Customer who is a natural person ordering the Services for purposes unrelated to business or independent professional activity. Section 18 additionally applies to Consumer Customers who are residents of Ukraine.
Services — hosting services provided by the Provider, namely: provision of virtual server computing resources (VPS/VDS), provision of a physical (dedicated) server, shared web hosting services, ancillary services (backups, additional IP addresses, software licences, DDoS protection services, etc.), as well as domain name registration, renewal and maintenance services.
Infrastructure Operator — a third party (a data centre operator, a supplier of leased hardware or of infrastructure services) whose equipment and infrastructure are used by the Provider to deliver the Services to the Customer.
Client Area — the section of the Provider's website accessible after registration, through which Services are ordered, payments are made, messages are exchanged and Agreement documents are stored.
Account — the Customer's data in the Client Area together with the means of access to it.
Content — any data placed by the Customer or by third parties on resources provided to the Customer as part of the Services, as well as any activity carried out using such resources.
Billing Period — the period for which a Service is paid (month, quarter, year or another period selected by the Customer at the time of ordering).
Complaint (abuse report) — a notification by any person of an infringement committed or being committed using resources provided to the Customer.
Rules — this Agreement together with all annexes.
3.1. The Agreement is concluded by the Customer's acceptance of the offer.
3.2. Acceptance is the Customer's performance of any of the following actions:
1) ticking the consent box for the Agreement terms in the Client Area or in a
registration or order form and clicking the confirmation button;
2) payment of an invoice for the Services;
3) actual use of the Services provided by the Provider.
The primary method of accepting the offer is sub-clause 1 — ticking the box in the Client Area. The Provider records that tick together with the version number, the sha256 value of the text, the date, the time and the IP address. Sub-clauses 2 and 3 operate as independent methods of acceptance where the Customer uses the Services without having ticked the box — in particular when a new version of the Agreement takes effect (clause 21.5).
3.3. The meaning of the actions constituting acceptance is explained to the Customer directly within the Provider's information system at the moment those actions are performed, as required by the fourth paragraph of part six of Article 11 of the Law of Ukraine «On Electronic Commerce».
3.4. Acceptance is full and unconditional. Accession to the Agreement with reservations, exclusions or on other terms is not permitted and creates no rights or obligations for the Parties.
3.5. The Agreement is deemed concluded upon the Provider's receipt of the acceptance. The place of conclusion is the Provider's registered address.
3.6. To accept, the Customer must be identified within the Provider's information system (part eight of Article 11 of the Law of Ukraine «On Electronic Commerce») by registering an Account with email address confirmation.
3.7. The Provider may refuse to conclude the Agreement or to provide a particular Service solely on the following grounds:
1) lack of technical capacity to provide the Service;
2) the Customer has not passed verification under Annex 3 or has provided
inaccurate data;
3) the Customer, its founder, ultimate beneficial owner or director is a person
subject to sanctions under Section 17;
4) the Customer has directly or indirectly stated an intention to use the Services
in a manner prohibited by Section 8 or Annex 1;
5) an Agreement with the Customer was previously terminated by the Provider on the
grounds set out in clause 12.4 and less than 24 months have elapsed since
termination;
6) providing the Service would cause the Provider to breach statutory requirements;
7) the payment for the Service cannot be confirmed or completed, namely: refusal
by a bank, payment institution, acquirer or other payment service provider to
execute the payment operation; objective indications of unauthorised use of a
payment instrument; a material discrepancy between the payer's details and the
Customer's details which the Customer has not explained upon the Provider's
request; the Customer's repeated initiation of chargebacks in respect of
Services actually rendered without first contacting the Provider;
8) an obvious technical error in the price, configuration or description of the
Service which a reasonable Customer, in the circumstances of the order, could
and should have recognised as an error. The Provider may invoke this ground no
later than three business days from the day the error is discovered and in any
event no later than fourteen calendar days from the day of payment; sums paid
are refunded in full in accordance with clause 3.8. This ground does not
apply where the price resulted from a promotion or discount announced by the
Provider or from an individual arrangement with the Customer.
3.8. A refusal to conclude the Agreement is issued in writing (including by electronic message) stating the ground from the list in clause 3.7. Funds paid by the Customer are refunded in full within 10 business days.
In the case under sub-clause 4 of clause 3.7 the refund is made after the review is completed, but in any event no later than 30 calendar days from the day of refusal.
The period stated in the second paragraph of this clause is suspended only for as long as a circumstance objectively preventing the transfer of funds subsists, namely: a direct statutory prohibition; a binding decision of a court or other competent authority; payment system rules or a requirement of a payment service provider in connection with an investigation of the payment operation; an unfinished chargeback procedure or fraud investigation. The Provider notifies the Customer in writing of such a circumstance and of its ground within 3 business days and transfers the funds within 10 business days from the day it ceases.
3.9. A Customer accepting this offer as a representative of a legal entity confirms that they hold the relevant authority.
3.10. The Provider confirms receipt of the order and sends the Customer a confirmation of the electronic transaction in the form of an electronic document containing the information required by part eleven of Article 11 of the Law of Ukraine «On Electronic Commerce». That document is stored in the Client Area and made available to the Customer in a form that prevents alteration of its content (PDF).
4.1. To conclude the Agreement the Customer registers an Account and provides:
for natural persons and natural persons–entrepreneurs: surname, given name, patronymic (if any), residential address, email address, telephone number; for entrepreneurs additionally — taxpayer registration number or passport series and number in the cases provided for by law;
for legal entities: full name, identification code (for non-residents — the registration number in the relevant register of the country of incorporation), registered address, email address, telephone number, and details of the person authorised to act on behalf of the entity.
4.2. The Provider requests from the Customer only such information without which conclusion and performance of the Agreement would be impossible, as required by part four of Article 7 of the Law of Ukraine «On Electronic Commerce». The scope of and grounds for requesting additional information are set out in Annex 3.
4.3. The Customer must provide accurate and correct information about itself, including its contact details, and, should they change, inform the Provider without delay. The notification period is no later than 5 business days from the date of change. This term is included in performance of part one of Article 57 of the Law of Ukraine «On Copyright and Related Rights».
4.4. Correspondence sent by the Provider to the email address specified by the Customer in the Client Area is deemed received by the Customer on the day it is sent, unless the Provider receives an automated non-delivery notification. On receiving such a notification the Provider resends the correspondence on the next business day and additionally posts it in the Client Area; from the date of that posting the correspondence is deemed received.
Notices of suspension or termination of the Services, of measures taken under Annex 2, of a verification requirement under Annex 3, and of amendments to the Agreement are sent through two channels simultaneously: by email and as a message in the Client Area.
The Customer bears the risk of consequences of specifying an inaccurate or outdated address.
4.5. The Customer is fully responsible for safeguarding the means of access to the Account and for all actions performed using it. The Provider recommends enabling two-factor authentication.
4.6. By default the Provider does not collect or store copies of documents proving the Customer's identity. Such documents are requested solely where one of the grounds exhaustively listed in Section 3 of Annex 3 exists — in particular an approach by a law enforcement authority, a rightsholder's notice, an Infrastructure Operator's demand, or reasonable suspicion under Section 8. The scope of a request is limited to what that ground requires; the Customer need not act on a request that does not state its ground.
Once the check is complete the documents are deleted; only a record of the check is kept (Section 7 of Annex 3). Failure to provide documents within the set period is a ground for suspension under clause 12.2.
4.7. For certain higher-risk actions (acceptance of a new version of the Agreement, change of payment details, transfer of a Service to another person, change of the contact email address) the Provider applies an electronic signature by one-time identifier within the meaning of Article 12 of the Law of Ukraine «On Electronic Commerce».
5.1. The Provider undertakes to provide the Customer with the Services selected by the Customer in the Client Area, and the Customer undertakes to accept and pay for them.
5.2. The list, characteristics, resource allocations and prices of the Services are set out in the tariff plans published on the Provider's website and in Annex 5.
5.3. The Services are provided remotely, without the simultaneous physical presence of the Parties, using electronic means of communication.
5.4. The Provider gives the Customer the technical capability to host and process Content. The Provider does not pre-screen, moderate or control Content, does not initiate its transmission, does not select the recipient and does not modify its content. The Provider takes measures in respect of Content solely in the manner and in the cases provided for by the Agreement and by law.
5.5. The Provider does not provide backup services unless such a service is ordered separately. The Customer is responsible for creating and retaining backups of Content.
5.6. For a substantial part of the Services — above all dedicated servers, and also certain virtual server configurations — the Provider uses the equipment and infrastructure of Infrastructure Operators. The Customer is hereby informed of, and agrees to, the following:
1) the Provider is generally not the owner of that equipment and has no physical
access to it;
2) the technical characteristics of the equipment, its maintenance regime, the time
taken to replace faulty components, the schedule of planned works and the
network connectivity parameters are determined by the Infrastructure Operator,
not by the Provider;
3) the equipment may be located outside Ukraine (Section 16, Annex 4).
5.7. The Provider's right to entrust performance of the Agreement to another person is established by this clause pursuant to part two of Article 902 of the Civil Code of Ukraine. The Provider thereby remains fully liable to the Customer for breach of the Agreement (clause 13.9).
5.8. The current list of Infrastructure Operators and the countries where
equipment is located is published at /legal/infrastructure, is the only operative
list, and may change without a new version of the Agreement being issued. The
country of location is also stated in the description of the relevant tariff plan
before ordering. The Agreement deliberately does not duplicate that list, so that a
change in the set of Operators does not require a new version of the Agreement.
5.9. Infrastructure Operator rules. The Customer must comply not only with the
Rules but also with the acceptable use rules of the Infrastructure Operator on
whose equipment its Service is hosted. The Provider makes those rules available at
/legal/infrastructure. Where the Rules and the Infrastructure Operator's rules
conflict, the stricter rule applies.
5.10. Independent action by an Infrastructure Operator. An Infrastructure Operator may, independently and without the Provider's agreement, restrict or terminate the operation of equipment — in particular upon a third-party complaint, to comply with a decision of an authority of its own jurisdiction, because of an incident, or for breach of its own rules. The Provider notifies the Customer of such action without delay from the moment it becomes aware of it, and takes reasonable steps to restore the Service or migrate it to another platform.
5.11. Change of Infrastructure Operator and of its rules. The list of Infrastructure Operators and the rules referred to in clause 5.9 may change without a new version of the Agreement being issued. Where such a change means that the rules binding on the Customer under clause 5.9 materially worsen its position in respect of a Service already provided — in particular by prohibiting activity that was permitted when the Service was ordered, or by imposing materially shorter response deadlines — the Provider:
1) notifies the Customer at least 30 calendar days before the new rules apply to
its Service or, if the Provider learns of the change later, without delay from the
moment it becomes aware of it;
2) at the Customer's request, migrates the Service to the equipment of another
Infrastructure Operator to which those rules do not apply — where technically
possible and at the Provider's expense;
3) where migration is impossible — at the Customer's request, terminates the Service
and refunds the unused balance in full, including for the Services referred to
in clause 5.2 of Annex 5.
A change of Infrastructure Operator does not of itself impose new material restrictions on the Customer in respect of an already paid Billing Period without prior notice. Where the new Operator's rules materially restrict permitted use of the Service compared with the rules in force when it was ordered, the Customer may decline the migration and receive a refund of the unused balance in full.
This clause does not apply to an Infrastructure Operator's demands aimed at stopping a specific infringement (Annex 2): those are actioned immediately and are not treated as a worsening of the Customer's position.
6.1. The Provider shall:
1) provide the Services in accordance with the selected tariff plan;
2) provide the technical means for round-the-clock use of the Services within
their normal operating regime — allowing for scheduled and emergency
maintenance, technical breaks and the other cases provided for by the Agreement.
This sub-clause does not establish a guaranteed availability figure (SLA)
unless such a figure is expressly provided for by the tariff plan (Section 14);
3) operate a technical support service in the manner set out in Section 14;
4) notify the Customer of scheduled maintenance, as a rule, no later than 48
hours before it begins — via the Client Area, by email and on the network
status page. Where the Provider receives notice of the maintenance from an
Infrastructure Operator later than that, notice is given without delay after it
is received (clause 14.3);
5) handle complaints against the Customer and requests from the Customer in the
manner and within the timeframes set out in Annex 2;
6) maintain the confidentiality of the Customer's data and not disclose it to
third parties, save in the cases provided for in Section 16 and Annex 6;
7) publish openly on its website accurate information about itself: full name,
full registered address, email address and telephone number for prompt contact
— in performance of part eleven of Article 56 of the Law of Ukraine «On
Copyright and Related Rights»;
8) notify the Customer of amendments to the Agreement in the manner set out in
Section 21;
9) at the Customer's request, provide documents confirming provision of the
Services.
6.2. The Provider may:
1) suspend or terminate provision of the Services in the cases set out in Section
12;
2) change the technical characteristics of equipment and software provided that
the agreed Service parameters are not degraded;
3) carry out scheduled maintenance in the manner set out in clause 6.1.4;
4) require the Customer to provide documents confirming the information supplied
(Annex 3);
5) engage third parties, including Infrastructure Operators, in performing the
Agreement (clause 5.7), remaining fully liable to the Customer for their actions
(clause 13.9);
6) take technical measures to protect its own infrastructure and other customers
from attacks, overload and abuse, including restricting particular network
protocols, ports and traffic volumes, with notice to the Customer;
7) assign claims in respect of the Customer's monetary obligations;
8) refuse to provide a Service on the grounds set out in clause 3.7.
6.3. The Provider is neither obliged nor technically able to carry out general monitoring of Content. The absence of a reaction by the Provider to an infringement of which it was unaware does not constitute approval of that infringement.
7.1. The Customer shall:
1) pay for the Services in full and on time;
2) provide accurate data about itself and keep it current (clause 4.3);
3) comply with the Rules, including Annex 1 (AUP);
4) administer the provided resources itself, unless an administration service has
been ordered separately, and keep software up to date and secure;
5) create and retain backups of Content itself;
6) not place Content or take actions prohibited by Section 8, Section 9 or Annex 1;
7) respond without delay, and in any event within 24 hours, to the Provider's
communications regarding complaints sent to the Customer's email address;
8) take measures to prevent unauthorised access to the provided resources;
9) ensure the lawfulness of processing of any personal data that the Customer hosts
or processes using the Services (Section 15, Annex 4);
10) indemnify the Provider for losses caused by breach of the Rules (clause 13.6).
7.2. The Customer may:
1) use the Services within the scope of the selected tariff plan;
2) contact technical support around the clock;
3) change the tariff plan in the manner set out in Annex 5;
4) terminate the Services at any time in the manner set out in Section 21;
5) obtain access to its Content for migration purposes under clause 12.8;
6) exercise data subject rights (Annex 4).
7.3. The Customer confirms that it understands the terms of the Agreement, including Sections 8, 12, 13 and 17, and that it had the opportunity to review all annexes before acceding to the Agreement.
This Section is introduced in connection with the adoption by the Verkhovna Rada of Ukraine on 16 September 2026 of Law of Ukraine No. 4986-IX (bill No. 10190; signed by the President of Ukraine on 17 September 2026), which adds Article 255⁴ to the Criminal Code of Ukraine. That Article establishes criminal liability, inter alia, for supplying means and services to an electronic-communications fraudulent organised group by a person aware of the unlawful nature of its activity. The Law enters into force on the day following its publication.
The prohibitions in this Section are contractual and apply irrespective of the date on which that Law enters into force.
8.1. Prohibition. The Customer is strictly prohibited from using the Services for activity aimed at obtaining another's property or rights to property by deceit or abuse of trust using electronic communications, or for facilitating such activity. Prohibited activity includes in particular:
1) deploying, operating or supporting fraudulent call centres — including
auto-dialling systems, VoIP gateways, SIP proxies, CRM systems and "agent
panels" used to deceive individuals;
2) phishing, vishing, smishing: creating or hosting resources that imitate banks,
government bodies, payment systems, delivery services, exchanges, crypto
services or any other persons for the purpose of obtaining personal data,
payment instrument details or authentication codes;
3) hosting, processing or distributing unlawfully obtained personal data, customer
databases, payment instrument details, information constituting banking
secrecy, individual account information or authentication codes;
4) supporting financial pyramids, pseudo-investment and pseudo-brokerage
platforms, or "trading dashboards" with fictitious quotes;
5) providing infrastructure for money laundering, money-mule schemes or processing
payments arising from fraudulent transactions;
6) hosting tools for the above: botnet command-and-control panels, stealers,
malware, services for bypassing two-factor authentication, caller ID spoofing
services;
7) recruiting or enlisting persons into the activity described in this clause,
including by posting job advertisements.
The full list of prohibitions is set out in Annex 1.
8.2. Purpose declaration. Where the risk indicators set out in Annex 3 are triggered, the Provider may require the Customer to provide a written explanation of the purpose of the Service and the nature of the Content. The Customer must provide such an explanation within 3 business days. Providing a knowingly false explanation is a material breach of the Agreement.
8.3. Immediate suspension. Where there is reasonable suspicion of a breach of clause 8.1, the Provider may immediately and without prior notice suspend provision of the Services in whole or in part. Notice is sent to the Customer within 24 hours of suspension, stating the ground and the steps required for restoration.
A suspicion is reasonable where it rests on a body of documented objective information giving reasonable grounds to suppose a breach of clause 8.1. Such information includes in particular: technical and network data (traffic patterns, open services, the content hosted); payment data; the triggering of risk indicators under Annex 3; a report from a third party, a law enforcement authority, an Infrastructure Operator or a recognised anti-abuse organisation. A supposition unsupported by any such information is not a reasonable suspicion.
Before suspending, or without delay afterwards, the Provider creates an internal record stating the time the information was received, its source and content, the indicators relied on, and the officer who took the decision. The record is kept for at least 3 years and is made available to the Customer on request, to the extent that it does not disclose information about third parties or prejudice a pre-trial investigation.
8.4. Termination. Where a breach of clause 8.1 is confirmed, the Provider terminates the Agreement unilaterally with effect from dispatch of the notice. The treatment of funds paid is governed by clause 13.10.
8.5. Preservation of evidence. From the moment of suspension under clause 8.3 the Provider retains the Customer's data, system logs and, where technically feasible, an image of the virtual server for 90 days, and, upon receipt of a corresponding demand from an authorised body, for the period stated in that demand. The Customer's access to such data may be restricted during that period.
8.6. Notification of law enforcement. The Provider notifies law enforcement authorities of detected indications of the activity described in clause 8.1 in the manner set out in Annex 6. The Customer agrees that such notification does not constitute a breach of confidentiality and does not require its consent.
8.7. No prior screening. The Provider does not pre-screen Content (clause 5.4). The Provider's performance of measures under this Section does not indicate its awareness of the Customer's activity prior to receiving the relevant information and does not create any general monitoring obligation for the Provider.
8.8. Prohibition of circumvention. The Customer may not create new Accounts or order Services through other persons in order to circumvent measures applied under this Section.
9.1. The Customer is prohibited from placing digital content in breach of the copyright and/or related rights of third parties. This term is included in performance of part one of Article 57 of the Law of Ukraine «On Copyright and Related Rights».
9.2. The Provider is a hosting service provider within the meaning of the Law of Ukraine «On Copyright and Related Rights» and handles takedown notices in the manner established by Article 56 of that Law. The detailed procedure and timeframes are set out in Annex 2.
9.3. The Customer confirms that it is aware of the timeframes established by Article 56 of the Law of Ukraine «On Copyright and Related Rights», in particular that:
1) upon receiving from the Provider a copy of a takedown notice, the Customer must,
within 24 hours, disable access to the specified digital content or provide
a reasoned refusal;
2) if the Customer fails to do so, the Provider itself disables access to the
digital content;
3) where the Customer provides a refusal meeting the requirements of part five of
Article 56 of that Law, access to the content is restored on the tenth
business day unless the claimant has supplied confirmation that court
proceedings have been commenced.
9.4. Pursuant to part two of Article 57 of the Law of Ukraine «On Copyright and Related Rights», the Provider bears no liability to the Customer for the consequences of measures taken under Article 56 of that Law.
9.5. The Provider takes measures solely in respect of the digital content identified in the notice. Access to an entire web page is restricted only where disabling access to the individual content item is technically impossible (part thirteen of Article 56 of that Law).
9.6. Address for copyright takedown notices: abuse@hostvds.net, postal address — 01021, м. Київ, вул. Мечникова, буд. 8, кімн. 22, Печерський район.
10.1. Prices are set by the tariff plans in force at the time of payment and published on the Provider's website.
10.2. Currency of settlement:
1) for Customers who are residents of Ukraine: hryvnia (UAH);
2) for non-resident Customers: euro (EUR) or US dollar (USD) at the Customer's
choice, in accordance with Ukrainian legislation on currency and currency
transactions.
Payment is made using the payment methods available to the Customer in the Client Area at the time of ordering (clause 3.2 of Annex 5). Bank details for payment by bank transfer are stated in the relevant invoice; the details listed in Section 24 serve to identify the Provider and are not an exhaustive list of payment methods.
10.3. Information on whether taxes are included in the price is provided on the pricing page and in the invoice, as required by the seventh paragraph of part one of Article 7 of the Law of Ukraine «On Electronic Commerce». The Provider's tax status: single tax payer; not registered for value added tax (see Section 1 of Annex 5 for details).
10.4. The Services are provided on a 100% prepayment basis for the selected Billing Period unless the tariff plan provides otherwise.
10.5. Payment is deemed made when funds are credited to the Provider's account. Payment system and bank fees are borne by the Customer.
10.6. The Provider issues an invoice no later than 7 calendar days before the end of the current Billing Period. The invoice is sent to the Customer's email address and made available in the Client Area.
10.7. If an invoice is not paid by the end of the Billing Period, the Services are suspended in the manner set out in clause 12.1.
10.8. Funds deposited by the Customer are recorded on its balance in the Client Area and drawn down to pay for the Services. Any unused balance is refunded in the manner set out in Annex 5.
10.9. Price changes apply to the Customer from the next Billing Period, provided at least 30 calendar days' notice is given. The paid period is not revisited. A Customer who does not agree with a price change may terminate the Agreement before the new price takes effect and receive a refund of the unused balance.
10.10. The procedure and timeframes for refunds, and the list of Services whose price is non-refundable, are set out in Annex 5. In particular the following are non-refundable: domain registration and renewal; activated third-party software licences; the price of the paid Billing Period for dedicated servers, virtual servers (VPS/VDS) and colocation once activated (clause 5.2 of Annex 5 — the capacity is reserved by the Provider with an Infrastructure Operator for the whole period and amounts paid to the Operator are generally non-recoverable, in whole or in part).
10.11. The Provider issues resident Customers with the documents required by accounting legislation, and non-resident Customers with an invoice and a service delivery act upon request.
11.1. A Service is provided for the Billing Period selected by the Customer.
11.2. A Service is automatically renewed for the next Billing Period subject to payment. Automatic charging of a stored payment instrument occurs only with the Customer's separate consent, which the Customer may withdraw in the Client Area at any time.
11.3. The Customer may decline renewal in the Client Area within the following periods before the end of the current Billing Period:
1) shared hosting services — no later than 1 calendar day;
2) virtual servers (VPS/VDS), dedicated servers, colocation — no later than 7
calendar days.
The period under sub-clause 2 exists because the Provider reserves the corresponding resources with an Infrastructure Operator for the next period in advance. The Provider sends the Customer a renewal reminder before that period expires (clause 3.8 of Annex 5); if no reminder is sent, a declination is accepted up to the last day of the paid period.
11.4. After the paid period ends and the Service is not renewed, the Customer's data is retained as follows:
1) for shared hosting and virtual servers (VPS/VDS) whose storage is within the
Provider's technical control — for 14 calendar days, after which it is
deleted irrecoverably;
2) for dedicated servers, colocation and other Services provided on
Infrastructure Operators' equipment — for such period as the technical
circumstances and that Operator's terms allow. The Provider does not guarantee
that Content will be preserved after such a Service ends unless the tariff plan
expressly provides otherwise: the equipment may be wiped by the Operator
immediately upon its return.
Retention beyond those periods is available as a separate paid service where technically possible. The obligation to create and keep backups rests with the Customer (clause 5.5).
12.1. Suspension for non-payment. In case of non-payment the Service is suspended from the day following the last day of the paid period. Access is restored within 1 hour of payment being credited. Data is retained in accordance with clause 11.4.
12.2. Suspension with warning. The Provider suspends the Services after sending the Customer a warning and allowing a period of not less than 24 hours to remedy the breach, in the event of:
1) failure to provide documents requested under clause 4.6;
2) exceeding the resource allocation of the tariff plan or creating excessive load
on shared infrastructure;
3) a breach of Annex 1 not falling within the list in clause 12.3;
4) failure to provide the explanation required under clause 8.2.
12.3. Immediate suspension without warning. The Provider may suspend the Services immediately, with subsequent notice within 24 hours, in the event of:
1) reasonable suspicion of a breach of Section 8;
2) sending spam or participating in an ongoing cyberattack;
3) hosting material whose circulation is prohibited by law (in particular child
sexual abuse material, incitement to violence, terrorist content);
4) compromise of the Customer's resources resulting in their use for attacks on
third parties;
5) receipt of a binding court decision or a decision of an authorised state body
taken within its competence;
6) actions by the Customer creating an immediate threat to the operability of the
Provider's infrastructure or to other customers' services;
7) receipt from an Infrastructure Operator of a demand to stop an infringement, or
of notice of its intention to restrict or terminate the operation of equipment —
within the period stated in that demand.
12.4. Termination by the Provider. The Provider may terminate the Agreement unilaterally with effect from dispatch of the notice in the event of:
1) confirmation of a breach of Section 8;
2) a repeated breach of Annex 1 after a previous one has been remedied;
3) failure to remedy a breach within 30 calendar days of suspension;
4) provision of knowingly false information about itself;
5) sanctions being applied to the Customer (Section 17);
6) non-payment for the Services for 30 calendar days after suspension.
12.5. Suspension does not release the Customer from payment for the paid period and does not stop the running of the Billing Period, except where the suspension was caused by the Provider's fault.
12.6. If a suspension under clauses 12.2 or 12.3 proves to have been unjustified, the Provider restores the Service and extends the paid period by the duration of the suspension.
12.7. The Customer may terminate the Agreement at any time by notifying the Provider through the Client Area. Any unused balance is refunded in accordance with Annex 5.
12.8. Access to data after termination. Save in the cases provided for in clauses 8.5 and 12.3.5, the Provider gives the Customer the technical means to obtain a copy of its Content from the date the Service terminates — provided the Content is technically retained and within the Provider's control. That window is:
1) for shared hosting and virtual servers (VPS/VDS) — 14 calendar days;
2) for dedicated servers and colocation terminated by returning the equipment to the
Infrastructure Operator — the period allowed by that Infrastructure Operator.
The Provider informs the Customer of the actual period no later than the day the
Service terminates and takes reasonable steps to extend it.
The Customer is aware that Infrastructure Operators' equipment may be wiped immediately upon return, and that making its own backups is the Customer's responsibility (clause 5.5). In the cases provided for in clause 12.4.1, access is granted only where not prohibited by an authorised body.
12.9. End of the relationship with an Infrastructure Operator. If an Infrastructure Operator ceases to supply the equipment on which a Service is hosted, or materially changes the terms on which it is supplied, the Provider:
1) notifies the Customer at least 30 calendar days in advance or, if the
Provider learns of it later, without delay from the moment it becomes aware;
2) offers to migrate the Service to the equipment of another Infrastructure
Operator, preserving the agreed specifications or better;
3) where migration is impossible or the Customer declines it — terminates the
Service and refunds the unused balance in full, including for dedicated
servers, VPS/VDS and colocation (an exception to clause 5.2 of Annex 5).
Migration under this clause is carried out at the Provider's expense. Migration time notified to the Customer at least 24 hours in advance does not constitute improper provision of the Service.
13.1. The Parties bear liability in accordance with the laws of Ukraine, subject to the specifics established in this Section.
13.2. The Provider is not liable for:
1) the content, lawfulness, completeness or preservation of the Customer's Content;
2) loss of the Customer's data where no backup service has been ordered;
3) acts or omissions of the Customer and of third parties who obtained access to
the Customer's resources;
4) losses caused by the Customer's breach of clause 7.1.4 (failure to update
software) or by compromise of access credentials;
5) the operation of communications networks, channels and equipment outside the
Provider's technical control — other than the equipment and infrastructure of
Infrastructure Operators engaged by the Provider (clause 13.9);
6) the consequences of measures under Sections 8, 9, 12, 16 and 17 taken in
compliance with the Agreement;
7) indirect losses, lost profit, loss of goodwill or loss of anticipated savings —
except in cases of the Provider's wilful misconduct.
13.3. The aggregate liability of the Provider to a Customer who is not a Consumer Customer, in respect of any claim or all claims over any 12 consecutive months, is limited to the price of the relevant Service for 3 (three) Billing Periods preceding the event, and in any event no more than the price of that Service for 12 months.
13.4. The limitation in clause 13.3 does not apply to Consumer Customers who are residents of Ukraine. The Provider's liability to such Customers is determined by consumer protection legislation (Section 18).
13.5. The limitations in this Section do not apply in cases of the Provider's wilful misconduct or gross negligence, or where limitation of liability is prohibited by law.
13.6. Indemnity to the Provider. The Customer shall indemnify the Provider for documented losses caused by breach of the Rules, including:
1) fines and compensation recovered from the Provider in connection with the
Customer's actions;
2) legal costs in disputes arising from the Customer's Content;
3) costs of restoring infrastructure;
4) losses connected with blocklisting of the Provider's IP addresses or subnets due
to the Customer's actions — in the amount of the cost of delisting those
addresses.
13.7. The Provider may set off the amounts referred to in clause 13.6 against the balance of funds in the Customer's account.
13.8. For late payment, a Customer who is not a Consumer Customer shall pay interest at double the National Bank of Ukraine discount rate on the outstanding amount for each day of delay, capped at 10% of the outstanding amount.
13.9. Liability for the acts of Infrastructure Operators. Pursuant to part two of Article 902 of the Civil Code of Ukraine, a Provider that has entrusted performance of the Agreement to an Infrastructure Operator remains fully liable to the Customer for breach of the Agreement. The Customer is neither required nor entitled to bring claims directly against the Infrastructure Operator.
The general provisions of this Section apply to such liability, including the list in clause 13.2 (other than sub-clause 5) and the cap in clause 13.3. The scope of the Provider's obligations as to availability of the Services is governed by Section 14.
13.10. Treatment of funds on termination for breach of Section 8 or a red-category breach of Annex 1. Funds standing to the Customer's balance are applied as follows:
1) the Provider retains the documented losses referred to in clause 13.6;
2) a Customer who is not a Consumer Customer additionally pays a penalty of 100%
of the price of the relevant Service for one Billing Period (part two of
Article 549 and part two of Article 551 of the Civil Code of Ukraine). Losses
are recoverable only to the extent not covered by the penalty (part two of
Article 624 of the Civil Code of Ukraine);
3) the remaining unused balance is refunded to the Customer within 10 business
days of the calculation being completed, and in any event no later than 30
calendar days from termination;
4) sub-clause 2 does not apply to Consumer Customers: only documented losses are
retained from them.
At the Customer's request the Provider supplies a calculation of the amounts retained, stating the ground for each. This clause does not deprive the Provider of the right to claim losses exceeding the balance.
14.1. The Provider supplies the Services with reasonable care, in accordance with the selected tariff plan and ordinary hosting industry practice.
14.2. The Provider takes reasonable steps to keep the Services operational but does not warrant uninterrupted or error-free operation. The Agreement establishes no guaranteed level of Service availability. Specific availability commitments may be agreed by the Parties in writing under a separate contract.
The Customer is informed that, for a substantial part of the Services, the actual availability, maintenance and hardware replacement parameters are determined by the Infrastructure Operator (clause 5.6) and lie outside the Provider's sole control. This does not alter the scope of the Provider's liability under clause 13.9.
14.3. Scheduled maintenance is carried out in the manner set out in clause 6.1.4. The Provider endeavours to schedule it during periods of lowest load.
Where scheduled works are carried out by an Infrastructure Operator, the Provider notifies the Customer without delay from the moment it receives the corresponding notice. The notice period under clause 6.1.4 then applies within the period allowed by the Infrastructure Operator.
14.4. Technical support. Technical support operates around the clock. Channels: the ticket system in the Client Area (primary), email support@zevshost.net, telephone +380 44 233 50 44. Requests are handled according to their criticality; the Agreement sets no guaranteed response time.
14.5. Scope of support. Support covers infrastructure operability, network availability, hardware, control panel operation and basic connectivity questions. Support does not cover administration of the Customer's software, development, debugging of sites and applications, or data migration — these are performed under a separate order.
14.6. The Provider does not warrant the fitness of the Services for the Customer's particular purpose unless that purpose has been agreed by the Parties in writing.
14.7. This Section does not limit the rights of a Consumer Customer under consumer protection legislation and Section 18 of this Agreement.
15.1. Personal data is processed in accordance with the Law of Ukraine «On Personal Data Protection» and Annex 4. For Customers located in the European Union, Regulation (EU) 2016/679 (GDPR) additionally applies.
15.2. Allocation of roles.
1) in respect of the personal data of the Customer itself (registration,
payment and contact data, support requests) the Provider is the controller
of personal data;
2) in respect of personal data that the Customer itself hosts or processes using
the Services, the Provider is a processor and processes such data solely
technically, on the Customer's instructions and to the extent necessary to
provide the Services.
15.3. The Customer is solely responsible for ensuring a legal basis for the processing of personal data it hosts using the Services, for performing controller obligations in respect of such data, and for liability towards data subjects and supervisory authorities.
15.4. The Provider has no access to the Customer's Content, save in the following cases: provision of an ordered technical support service at the Customer's direct request; performance of obligations under Sections 9 and 16; remedying an incident threatening the infrastructure. Every such access is recorded in system logs.
15.5. The Parties undertake not to disclose confidential information obtained under the Agreement during its term and for 3 years after termination.
16.1. The Provider discloses information about the Customer and its Content solely:
1) on the basis of a ruling of an investigating judge, a court, or another binding
decision;
2) upon a written request from an authorised body, made in accordance with law and
within that body's competence;
3) in cases expressly provided for by law, in particular when reporting detected
indications of the activity described in clause 8.1;
4) under Article 56 of the Law of Ukraine «On Copyright and Related Rights» — to the
extent expressly prescribed by part twelve of that Article.
16.2. The Provider reviews each request for compliance with statutory requirements and with the body's competence, and refuses to comply with requests that do not meet those requirements.
16.3. The Provider notifies the Customer of any disclosure within 5 business days, except where notification is prohibited by law or expressly prohibited by a decision of an authorised body.
16.4. The detailed procedure, request formats, timeframes and disclosure statistics are set out in Annex 6.
16.5. Equipment outside Ukraine. The Customer is informed that the equipment on which a Service is hosted may be located in a foreign jurisdiction (clause 5.6). In that case:
1) an Infrastructure Operator may receive requests from authorities of its own
jurisdiction directly and comply with them without the Provider's involvement;
2) compliance with a Ukrainian court decision requiring physical access to equipment
or seizure of media may be impossible for the Provider and may require recourse
to the competent authorities of the relevant jurisdiction;
3) the Provider notifies the Customer of cases under sub-clause 1 of which it is
aware, within the period and in the manner set out in clause 16.3.
17.1. Two levels of sanctions regimes. The Agreement distinguishes regimes that are binding on the Provider under Ukrainian law (clause 17.2) from regimes the Provider applies as a contractual condition of supplying the Services (clause 17.3). Their basis differs, and the Provider does not conflate the two.
17.2. Binding regimes. The Customer represents and warrants that neither it nor its founders, ultimate beneficial owners or directors are persons subject to special economic or other restrictive measures (sanctions) under the Law of Ukraine «On Sanctions», decisions of the National Security and Defence Council of Ukraine enacted by Presidential decrees, or decisions of the UN Security Council binding on Ukraine.
Under parts two and three of Article 5 of the Law of Ukraine «On Sanctions» such a decision «набирає чинності з моменту видання указу Президента України і є обов'язковим до виконання» (takes effect upon issue of the Presidential decree and is mandatory). The Provider may not depart from it.
17.3. Contractual regimes. The Customer additionally represents and warrants that neither it nor the persons referred to in clause 17.2 are persons subject to sanctions of the European Union, the United States of America (including the OFAC lists) or the United Kingdom.
This warranty is a contractual condition of supplying the Services, not a restatement of a duty imposed on the Provider by Ukrainian law. The Provider imposes it for two reasons:
1) the equipment on which the Services are supplied is located in jurisdictions
where those regimes are binding on the Infrastructure Operators (see the
«Infrastructure Operators» page), and the Customer is in any event obliged to
comply with the Operator's rules under clause 5.9;
2) the banks, payment institutions and other payment service providers through
which payment is accepted apply those regimes to the Provider's operations.
By accepting this offer the Customer agrees to this condition. The Provider does not assert that Ukrainian law obliges it to apply the sanctions regimes of foreign states.
17.4. The Customer may not use the Services to circumvent sanctions under any of the regimes referred to in clauses 17.2 and 17.3, including by providing sanctioned persons with access to resources.
17.5. Consequences. Upon discovery of the circumstances referred to in clause 17.2 or 17.3, or breach of clause 17.4, the Provider immediately suspends the Services and terminates the Agreement. As to funds paid:
1) where a regime under clause 17.2 is involved and refund is prohibited by that
regime — funds are not refunded, and the Provider acts in accordance with the
requirements of the regime and the decision of the competent authority;
2) where a regime under clause 17.3 is involved — funds are refunded less costs
actually incurred. Where transfer is objectively impossible because a bank or
payment service provider refuses it, the third paragraph of clause 3.8 applies:
the period is suspended only while the impediment subsists, the Provider gives
notice of it and transfers the funds within 10 business days after it ceases.
17.6. The Customer must notify the Provider without delay of any change in the circumstances referred to in clauses 17.2 and 17.3.
This Section applies solely to Consumer Customers who are residents of Ukraine. In case of conflict between this Section and any other provision of the Agreement, this Section prevails for such Customers.
18.1. Ukrainian consumer protection legislation applies to relations with Consumer Customers. No provision of the Agreement restricts consumer rights beyond the limits permitted by that legislation; provisions conflicting with it do not apply to Consumer Customers.
18.2. Pre-contractual information. Before the Agreement is concluded, the Provider makes available to the Consumer Customer on its website, in an accessible form: the Provider's full name and registered address, contact details, the main characteristics of the Service, the full price including taxes, the payment and delivery arrangements, the term of the Agreement, the withdrawal procedure, the complaints procedure, and the fact that the Service is provided using the equipment of an Infrastructure Operator, stating the country where the equipment is located.
18.3. Right of withdrawal. A Consumer Customer may withdraw from the Agreement within 14 calendar days of its conclusion without giving reasons. The procedure, consequences and the list of cases where the right of withdrawal does not apply are set out in Annex 5. In particular it does not apply to registered domain names, activated third-party licences, and dedicated servers, virtual servers (VPS/VDS) and colocation — where provision of the Service began with the Consumer Customer's express consent and they were informed of the loss of the withdrawal right in the order confirmation (clause 5.3.6 of Annex 5; paragraph 1 of part five of Article 13 of the Law of Ukraine «On Consumer Protection»).
18.4. Limitation of liability. Clause 13.3 does not apply to Consumer Customers.
18.5. Amendments. Amendments that worsen the position of a Consumer Customer take effect for that Customer only after the end of the current paid period and subject to at least 30 calendar days' notice. A Consumer Customer who does not agree with the amendments may terminate the Agreement with a full refund of the unused balance.
18.6. Disputes. A Consumer Customer may bring proceedings before the court of its place of residence. Clause 22.3 does not apply to Consumer Customers.
18.7. Complaints. Complaints are accepted at support@zevshost.net and at the postal address 01021, м. Київ, вул. Мечникова, буд. 8, кімн. 22, Печерський район. The review period is 14 calendar days.
19.1. Settlements are made in EUR or USD in accordance with clause 10.2.2, in compliance with Ukrainian legislation on currency and currency transactions.
19.2. The Provider issues an invoice and a service delivery act in the form of an electronic document. The act is deemed signed by the Customer and the Services accepted without reservation if the Customer does not send reasoned objections within 10 calendar days of dispatch of the act.
19.3. All taxes and duties payable in the Customer's jurisdiction are paid by the Customer. The price stated in the invoice is final for the Provider; amounts withheld by the Customer as withholding tax do not reduce the Customer's obligations to the Provider.
19.4. The Customer is solely responsible for compliance with the laws of its own jurisdiction regarding the Content and the processing of personal data.
20.1. The Parties are released from liability for non-performance caused by force majeure: military action, armed aggression, terrorist acts, missile and other strikes, damage to critical infrastructure, prolonged power outages, natural disasters, epidemics, decisions of public authorities rendering performance impossible, and large-scale failures of backbone communication channels.
20.2. The Party affected shall notify the other Party within 10 business days. Proper confirmation is a certificate of the Ukrainian Chamber of Commerce and Industry or a regional chamber; for generally known circumstances of martial law, a reference to the relevant acts of public authorities suffices.
20.3. If the circumstances persist for more than 60 calendar days, either Party may terminate the Agreement, and the Provider refunds the Customer's unused balance.
20.4. Force majeure does not release a Party from the obligation to pay for Services actually provided before it arose.
21.1. The Agreement takes effect upon acceptance and remains in force until the Parties have performed their obligations in full.
21.2. Amendment. The Provider may amend the Agreement and the annexes. A new
version is published at /legal/oferta and takes effect no earlier than 30
calendar days after publication, save in the cases set out in clause 21.4.
21.3. Notice of amendment is given by at least two of the following means simultaneously:
1) a message to the Customer's email address;
2) a message in the Client Area;
3) publication in the news section of the website.
The notice states the new version number, the effective date, a summary of changes and a link to a comparison with the current version.
21.4. Amendments that solely improve the Customer's position, correct technical errors, or are introduced to comply with a mandatory statutory requirement or a binding decision of a state body may take effect sooner than 30 days, with the ground stated in the notice.
21.5. Acceptance of a new version. A new version is deemed accepted by the Customer upon performance of any of the actions listed in clause 3.2 after its effective date — pursuant to part two of Article 642 of the Civil Code of Ukraine. Clause 18.5 additionally applies to Consumer Customers.
21.6. Disagreement. A Customer who does not agree with a new version may terminate the Agreement before its effective date. In that case the unused balance is refunded in full and the Services are provided until the end of the paid period on the terms of the previous version.
21.7. Termination does not release the Parties from obligations that arose before termination. Sections 13, 15, 16 and 22 survive termination.
22.1. The Parties shall seek to resolve disputes through negotiation.
22.2. A pre-action complaint procedure is mandatory: a complaint is sent to the other Party's email address and reviewed within 20 calendar days (for Consumer Customers — 14 calendar days, in accordance with clause 18.7).
22.3. Disputes not resolved through the complaint procedure are heard by the courts of Ukraine at the Provider's registered address. This provision does not apply to Consumer Customers (clause 18.6).
22.4. The Agreement is governed by the substantive law of Ukraine.
23.1. The Agreement is drawn up in Ukrainian. The Ukrainian version is authentic. Translations into other languages are provided for convenience; in case of discrepancy the Ukrainian version prevails.
23.2. The Provider maintains a Ukrainian-language version of its website that is no less extensive in volume and content than versions in other languages and that loads by default for users in Ukraine, in accordance with part six of Article 27 of the Law of Ukraine «On Ensuring the Functioning of Ukrainian as the State Language».
23.3. The invalidity of any provision does not affect the validity of the remaining provisions.
23.4. The Customer may not transfer its rights and obligations under the Agreement to a third party without the Provider's written consent. The Provider may transfer its rights and obligations to a successor upon at least 30 calendar days' notice to the Customer.
23.5. Proper evidence of circumstances relating to performance of the Agreement is the data of the Provider's information systems: system logs, Client Area records, email correspondence and payment history. The Customer may adduce evidence to the contrary.
23.6. All periods under the Agreement are calculated by Kyiv time (Europe/Kyiv).
LIMITED LIABILITY COMPANY «HOST VDS» (ТОВАРИСТВО З ОБМЕЖЕНОЮ ВІДПОВІДАЛЬНІСТЮ «ХОСТ ВДС»)
| Identification code (EDRPOU) | 37884379 |
| Registered address | 01021, м. Київ, вул. Мечникова, буд. 8, кімн. 22, Печерський район |
| Correspondence address | 01021, м. Київ, вул. Мечникова, буд. 8, кімн. 22, Печерський район |
| Telephone | +380 44 233 50 44 |
| General email | admin@zevshost.net |
| Technical support | support@zevshost.net |
| Abuse reports | abuse@hostvds.net |
| Copyright notices | abuse@hostvds.net |
| Law enforcement requests | admin@zevshost.net or abuse@hostvds.net |
| Data protection enquiries | admin@zevshost.net |
| Bank details | UA513510050000026005879213680, JSC «UKRSIBBANK», MFO 351005 |
| Tax status | single tax payer; not registered for value added tax |
| Director | Yaroslav Vitaliiovych Kravchenko |
| Websites | https://hostvds.net · https://www.zevshost.net |
The information in this Section is also published separately and openly on the Provider's websites in performance of part eleven of Article 56 of the Law of Ukraine «On Copyright and Related Rights» and part one of Article 7 of the Law of Ukraine «On Electronic Commerce».