Public Offer
Offer for provision of the hosting services
Limassol, Cyprus, August 2020
The text of this document is the Public Offer of INXY LTD (hereinafter – “Contractor”), a company duly organized and validly existing under the laws of the Republic of Cyprus, registered with register of Companies on 31.03.2016 under № HE 354067, having its legal address at Agias Zonis 12, Agias Zonis Court, office 401, 3027 Limassol, Cyprus, VAT: 10354067R, acting on the basis of legislation of Republic of Cyprus to conclude an agreement on the provision of hosting services (content delivery network, storage, rental of dedicated servers and virtual private servers) to individuals (who have reached the age of 18) and legal entities (hereinafter – Clients or Customers). When ordering and paying for the services of the INXY LTD, the Customers accept the terms of this Agreement as follows. The Clients and INXY LTD for the purposes of this Offer are referred to as the Parties.
1. General provisions
1.1. This is a public offer (Offer) to any Customer to accept an Offer on the provision of paid Services on the conditions set forth below.
1.2. The offer is considered to be concluded from the moment of its publication to the following address: https//inxy.hosting/publicoffer/.
1.3. Acceptance means full and unconditional acceptance of the terms of this public Offer.
Payment for the services of INXY LTD means that you accept the offer in full and enter into an agreement with INXY LTD on the terms specified in this offer and become the Customer. Acceptance is complete, absolute, and unconditional.
1.4. The offer is considered accepted, and the Agreement is concluded by the User on the terms of the offer and entered into effect on the date of receipt payment for services.
The Agreement on the Public Offer does not require the signature or seal by the Customer, while having the legal force of the signed and sealed document.
1.5. In view of the foregoing, the Customer must carefully study the text of this document. In the event that the Customer does not agree with any terms and conditions, he may refuse this Offer. If Customer accepts on behalf of his employer or another entity, he represents and warrants that: – he has the full legal authority to bind his employer or such entity to this Offer; – he has read and understood this Offer; he agrees to this Offer on behalf of the party that he represents.
1.6. This Offer does not apply to Customers with whom INXY LTD entered into an agreement in writing.
2. Services
2.1. INXY LTD is a diversified hosting provider. INXY LTD provides the Customer with one or more hosting services (content delivery network, storage, rental of dedicated servers or virtual private servers). The exact list of services is indicated in the invoice after approval of the list of services and their cost with sales department.
2.2. Service provision by INXY LTD is done according Service Level Agreement (https://inxy.hosting/SLA/) and Terms of Service (https://inxy.hosting/terms-conditions/).
2.2. Customer agrees not to use service(s) for the following activity: spam, illegal adult, mining, gambling and any kind of fraud and malicious activity. Customer agrees not to use INXY LTD network or services to store, distribute, reference domain names, or distribute any material protected by trademark, copyright, patent, or other intellectual property right without owner’s consent or proper authorization. In case such activity takes place INXY LTD has the right to stop Customers’ services without any refunds. Already paid funds are used to reimburse the possible damage. Customers have to react to abuses in 24 hours’ time, otherwise services may be temporarily or permanently disabled.
3. Service charges
3.1. Payment for services is part of the Agreement.
Payments are made on a monthly basis in the following order:
– Customers should make payments to INXY Ltd on a regular basis for using its services according to the invoices and prices for services.
– The payment for the following months is made before the end of the current month for the following month.
– The amount of payment is determined according to the invoice.
– Payment methods: Debit Card, wire transfer, PayPal, Paxum, Cryptocurrency, Webmoney etc.
– Payment is made through the customer’s personal account or using the payment details specified in invoice.
4. Term and termination
4.1. The agreement comes into force from the date of receipt of the first payment from the Customer (acceptance of this Public Offer). The Agreement is valid until terminated by the parties. The agreement can be terminated at any time if the parties wish so. If the Customer wishes to terminate the Agreement, he will need to notify another party (INXY LTD) about it in written form. It may be done by contacting our support team by any means of communication – email, Skype, contact form, live chat etc. There are no charges for canceling the account, however, clients should pay everything due in full before accounts or services can be cancelled for the cancellation to be complete. In case of such termination, there are no reimbursements to the Customer for already paid services. If Customer doesn’t want to be billed for service in the new billing period, he must inform INXY LTD about it before the new billing period (1st day of each month) starts.
5. Rights and obligations of the parties
5.1. The INXY LTD undertakes to:
5.1.2. Provide the Customer with Services according to Service Level Agreement and Terms of Service.
5.1.3. Provide consulting support due to the Services provided
5.1.4. Provide the Customer with the invoices for services i.
5.2. The INXY LTD has the right to:
5.2.1. Provide Services not earlier than 5 (five) business days from the date of acceptance by the Client of this offer if other hasn’t been agreed upon
5.2.2. In case of non-payment (payment not in full) of the Fee for the ordered Services, to stop the provision of Services.
5.2.3. INXY LTD may permanently delete all Customers data from dedicated servers, virtual private server, cloud, storage, without restoration capability if Client has a suspended account, has not provided payment for 2 or more billing periods
5.2.4. make changes and additions to this Offer Agreement at any time, as well as other
documents posted on the Internet in connection with the Services provided, without notifying and informing the Customer about it.
5.2.5. Involve any third parties in the provision of the Services without any coordination with the Customer.
5.2.6. To process the Customer’s personal data in accordance with the Privacy Policy.
5.3. The Customer undertakes to:
5.3.1. Provide INXY LTD with reliable information about the Customer.
5.3.2. Immediately notify the INXY LTD of a change the Customers contact details.
5.3.3. Pay for services within the terms specified in the invoice
5.3.4. Not to use service(s) for the illegal or prohibited activities by this Agreement, not to use INXY LTD network or services to store, distribute, reference domain names, or distribute any material protected by trademark, copyright, patent, or other intellectual property right without owner’s consent or proper authorization.
5.3.5. Be responsible for adverse effects for the Contractor in connection with his failure to fulfill the obligations.
5.4. The Client has the right to:
5.4.1. Require the Contractor to comply with the terms of this Agreement.
5.5. The Parties have agreed that the scanned copies of the documents related to this Agreement, delivered by the means of electronic communication to the e-mail addresses thereof, shall have the same legal force as if it carries a handwritten signature.
5.6. Any Party has the right to terminate this Agreement unilaterally out of court on its own initiative.
6. Responsibility of the parties and settlement of disputes
6.1. In cases of non-performance or improper performance of their obligations under the Agreement, the Parties shall be liable in accordance with the legislation of Cyprus.
6.2. INXY LTD shall not be liable in case of improper performance of this Agreement, if improper performance was the result of the inaccuracy, insufficiency or untimeliness of the information provided by the Client, as well as other violations of the terms of this Agreement by the Client.
6.3. INXY LTD is not responsible for the materials that the Customer places on the dedicated servers, virtual private servers, cloud, storage, as well as for the actions that the user performs using the services of INXY LTD. INXY LTD does not pre-screen Customers Materials.
6.4. In case if the Customer, for reasons beyond the control of the Contractor, has not used the Service and has not notified the Contractor of its desire to renounce the further right to provide the Services, the Service is considered to be provided properly.
6.5. The Parties shall not liable for breach of their obligations under this Agreement, if such breach resulted from a circumstance or event which could not be reasonably foreseen (force majeure), including floods, other natural disasters, military actions, decisions and actions of public authorities or other events. A certificate issued by an authorized body shall be a proper confirmation of the existence of force majeure circumstances and their duration for the Parties.
6.6. All disputes arising under this Agreement shall be settled by the Parties through negotiations and mutual consultations.
6.7. If it is impossible to reach agreements between the Parties in the negotiation process, the dispute is submitted to the judicial system of Cyprus.