Public Offer

PUBLIC CONTRACT
FOR THE PROVISION OF WEB APPLICATION SERVICES

This Public Agreement on the provision of web application services (hereinafter referred to as the Agreement) defines the procedure for providing web application services using the internet resource ospanel.io (hereinafter referred to as the Site), registered in RUE "BelGIE" under number 170534, as well as mutual rights, obligations and the procedure of relationships between Individual Entrepreneur Moskalenko A.V., acting on the basis of the Certificate of State Registration No. 291663532, hereinafter referred to as the "Contractor", and any individual who is a consumer of services, who has accepted (accepted) the public offer to conclude the Agreement, hereinafter referred to as the "Customer", hereinafter jointly referred to as the "Parties" and individually as a "Party". The current version of the Agreement is published by the Contractor on the Site on April 12, 2021 and comes into force from the moment of publication.

1. SUBJECT OF THE AGREEMENT

1.1. The Contractor undertakes, on behalf of the Customer, to provide paid web application services (hereinafter referred to as Services) operating in time-sharing mode as part of the Site, related to the generation and transfer to the Customer of special links/codes that provide the ability to quickly download (without data transfer speed limitations) the software distribution "Open Server Panel" (hereinafter referred to as the Software) and the ability to automatically receive information about Software updates and download these updates, and the Customer undertakes to accept the Services provided by the Contractor and pay for them in the manner and under the conditions defined by the Agreement.

1.2. The rules, terms and procedure for providing the Services, as well as other information essential for the provision of Services under the Agreement, are posted by the Contractor on the Site.

1.3. By joining the Agreement, the Customer confirms that prior to joining the Agreement, they independently familiarized themselves with the information provided on the Site about the Services, their features, price and other information related to the Agreement, and also unconditionally agreed with them.

1.4. By joining the Agreement, the Customer confirms that they are not an individual entrepreneur and/or a representative of a legal entity.

1.5. By joining the Agreement, the Customer confirms that they consent to the Contractor processing their personal information.

2. PROCEDURE FOR CONCLUDING THE AGREEMENT

2.1. Posting the Agreement on the Site is a public offer (offer) of the Contractor to conclude the Agreement, addressed to an indefinite circle of persons (clause 2 of Article 407 of the Civil Code of the Republic of Belarus), who are not individual entrepreneurs and/or authorized representatives of legal entities.

2.2. The conclusion of the Agreement occurs through the Customer's accession to the proposed Agreement, that is, through the acceptance by the Customer of the terms of the Agreement as a whole, without any conditions, exclusions and reservations (Article 398 of the Civil Code of the Republic of Belarus).

2.3. The fact of acceptance (acceptance) by the Customer of the terms of the Agreement is the payment by the Customer for the Services chosen by him in the manner and under the conditions defined by the Agreement.

2.4. The Agreement, subject to compliance with the procedure for its acceptance, is considered concluded in simple written form (clauses 2, 3 of Article 404 and clause 3 of Article 408 of the Civil Code of the Republic of Belarus).

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The Contractor undertakes:

3.1.1. to commence the provision of Services only if the Customer has accepted the Offer and specified all the necessary information when placing an order on the Site;

3.1.2. to properly and qualitatively provide the Services;

3.1.3. to ensure the confidentiality of information provided by the Customer, except in cases when providing access to such information to third parties is a necessary condition for the provision of Services, or is mandatory due to the requirements of the legislation of the Republic of Belarus;

3.1.4. to inform the Customer about force majeure, impossibility of fulfilling the Agreement, delays in the timing of the provision of Services and other important circumstances affecting the fulfillment of obligations by the Parties under the Agreement, by publishing notifications on the Site and/or sending notifications to the Customer's email;

3.2. The Contractor has the right to:

3.2.1. independently change the Site, determine its composition and content, frequency of posting (updating) information on it, introduce new types of services, change conditions, cost, payment methods and procedure for providing services;

3.2.2. planned or unplanned suspension of Services, if these actions are aimed at maintaining the operability of software and hardware as part of the Site or at improving their functioning;

3.2.3. terminate the provision of Services in case of violation by the Customer of the terms of the Agreement;

3.2.4. engage third parties to fulfill their obligations under the Agreement, as well as use the services/works of third parties that are necessary to ensure the proper provision of the Services provided for by the Agreement;

3.2.5. unilaterally make changes and additions to the Agreement, of which the Customer is considered to be duly notified from the date of publication of the amended version of the Agreement on the Site;

3.3. The Customer undertakes:

3.3.1. to comply with the terms of the Agreement, as well as to pay for the Services in the manner and under the conditions provided for by the Agreement;

3.3.2. to regularly study information regarding the provision of Services posted on the Site;

3.3.3. to provide accurate details when placing an order and control the correctness of their completion;

3.3.4. to ensure the confidentiality of the received data (links/codes) generated by the Contractor's web applications for the Customer as a result of the provision of Services, and not to allow their publication and distribution on the Internet;

3.4. The Customer has the right to:

3.4.1. independently choose the Services and indicate the amount to be paid for the Services;

3.4.2. require the proper provision of Services in accordance with the terms of the Agreement;

3.4.3. make suggestions for improving the operation of the Site and the procedure for providing Services;

3.4.4. file complaints about the quality of the Services provided by sending motivated claims to the Contractor's email;

4. COST OF SERVICES AND PAYMENT PROCEDURE

4.1. The cost of Services provided by the Contractor under the Agreement is determined based on the Service chosen by the Customer in accordance with the price list approved by the Contractor (Appendix No. 1 to the Agreement), posted on the Site and valid directly on the date of conclusion of the Agreement. When placing an order on the Site, the Customer independently indicates the amount to be paid, which will determine the validity period of the links/codes provided to the Customer as a result of the provision of Services.

4.2. The provision of Services by the Contractor under the Agreement is carried out on the terms of 100% (one hundred percent) prepayment. The Customer pays for the Services directly at the time of ordering them on the Site through online payments using bank cards.

4.3. The Contractor's services are contingent upon prepayment and constitute counter-performance of obligations under the Agreement in accordance with Art. 309 of the Civil Code of the Republic of Belarus. The funds paid as prepayment are not a commercial loan, interest is not accrued on them.

4.4. Detailed payment rules and other important information regarding payment for Services are posted by the Contractor on the Site.

4.5. Payment for Services by a Customer who is a resident of the Republic of Belarus is made in Belarusian rubles. Customers who are non-residents of the Republic of Belarus can pay for Services in Belarusian rubles, as well as in Russian rubles, euros and US dollars, based on the official exchange rate of the Belarusian ruble to the corresponding payment currency established by the National Bank of the Republic of Belarus on the date of payment. All costs for the transfer of funds are borne by the Customer.

4.6. Agreement Currency: Belarusian ruble. Payment currency for Customers who are residents of the Republic of Belarus - Belarusian ruble, for Customers who are non-residents of the Republic of Belarus - Belarusian ruble, Russian ruble, euro, US dollar, depending on the currency chosen by the Customer.

4.7. The Parties have agreed that the Customer's residency is determined based on the country of the issuing bank of the bank card used by the Customer to pay for the order.

4.8. The date of payment is recognized as the date of debiting funds from the Customer's bank card, provided that the Customer fulfills all the terms of the Agreement.

4.9. In the event of termination of the Agreement for reasons not related to the Contractor's guilty actions, payment for the Services is non-refundable.

4.10. Settlements with the Customer upon termination of the Agreement are carried out in the same form in which payment for the Services was made. The return of funds is made in the amount in which they were received to the Contractor's settlement account, minus the bank's commission and all other expenses of the Contractor for their return to the Customer. The Contractor is not responsible for any possible difference in amounts arising from currency conversion and payment for bank services when returning funds to the Customer.

5. PROCEDURE FOR ACCEPTANCE OF SERVICES

5.1. The Parties have agreed that the act of services rendered (hereinafter referred to as the Act), confirming the provision of services, is drawn up by the Contractor unilaterally (clause 6 of Art. 10 of the Law of the Republic of Belarus of 12.07.2013 No. 57-З "On Accounting and Reporting" and the resolution of the Ministry of Finance of the Republic of Belarus dated 12.02.2018 No. 13 "On the unilateral compilation of primary accounting documents and invalidation of the Resolution of the Ministry of Finance of the Republic of Belarus dated December 21, 2015 No. 58"). The Contractor draws up this Act in the month following the month in which the Services were provided.

5.2. The service is considered rendered by the Contractor from the moment the Customer is provided with a special link or code providing the possibility of using the result of the Service during the term of the Agreement, which is determined according to the tariffs and the order amount.

5.3. All links and codes that are generated by web applications on the Site as a result of the provision of Services are transferred to the Customer by sending them to the email specified by the Customer when placing an order.

5.4. The Parties recognize and unconditionally agree that information about the Services provided is indicated in the Act based on the data of the Contractor's internal accounting system and/or bank registers.

5.5. The Customer agrees that if, within 5 (five) calendar days from the date of provision of Services to him, he does not submit any written motivated claims to the quality of the Services, this will be considered as the Customer's full and unconditional agreement that the Services are provided by the Contractor in a timely manner, in full and properly. The Contractor has the right not to consider claims received in violation of the specified period or not containing motivated claims to the quality of the Services.

6. RESPONSIBILITY OF THE PARTIES

6.1. For non-fulfillment or improper fulfillment of their obligations under the Agreement, the Parties shall be liable in accordance with the legislation of the Republic of Belarus.

6.2 The Parties to the Agreement unconditionally agree that the maximum amount of losses that can be recovered from the Contractor is limited to the amount of Services paid by the Customer, the non-fulfillment or improper fulfillment of which caused the losses.

6.3 The Contractor is not responsible for the discrepancy between the actually provided Services and the subjective expectations and ideas of the Customer about such Services.

6.4. The Contractor has the right to postpone or suspend the fulfillment of its obligations under the Agreement if the impossibility of fulfilling these obligations is associated with:

6.4.1. replacement, repair or adjustment of equipment, software or conducting other work caused by the need to maintain the operability or improve the Site and/or web applications of the Contractor;

6.4.2. the action or inaction of third parties responsible for the operation of the Site, accidents (failures) in power grids or data transmission networks that are outside the Contractor's own resources, or the functioning of which it does not have the ability to influence;

6.4.3. the presence of errors or malicious components in the software used on the Contractor's servers, Internet transit servers, or in the software used by the Customer;

6.4.4. an error in the indication of their own details by the Customer when placing an order on the Site, until these details are clarified by the Customer;

7. FORCE MAJEURE

7.1. The Parties are released from liability for partial or complete non-fulfillment of their obligations under the Agreement if this was the result of force majeure circumstances that arose after the conclusion of the Agreement as a result of events of an extraordinary nature that the Parties could neither foresee nor prevent by reasonable measures.

7.2. Force majeure circumstances include events that the Party cannot influence and for the occurrence of which it is not responsible, such as: catastrophe, fire, war, strike, flood, earthquake, severe weather conditions or other natural disasters, government decrees, orders (decrees) of state bodies and officials, laws and other regulatory acts of competent authorities adopted after the acceptance of the Agreement and making it impossible to fulfill the obligations established by the Agreement, as well as the actions of state or local government bodies and management or their representatives that impede the fulfillment of the terms of the Agreement, and other unforeseen circumstances, including malfunctions in the city power grid, hacker and DDOS attacks, technical problems at Internet transit nodes and other violations of data transmission networks that are outside the sphere of influence of the Parties, but not limited to the above.

7.3. Upon the occurrence of force majeure circumstances that prevent the fulfillment of obligations under the Agreement, the period for the Parties to fulfill such obligations shall be postponed commensurate with the time of such circumstances, as well as the time required to eliminate their consequences, but not more than thirty calendar days.

7.4. If force majeure circumstances continue to operate for more than the period specified in clause 7.3 of the Agreement, or when they occur, it becomes obvious to the Contractor that the circumstances will operate for more than this period, the Contractor has the right to unilaterally refuse to fulfill the Agreement without compensation for losses to the Customer.

8. PROCEDURE FOR AMENDMENTS AND ADDITIONS TO THE AGREEMENT, DISPUTE RESOLUTION

8.1. Amendments and/or additions to the Agreement are made unilaterally by decision of the Contractor and come into force from the moment of publication.

8.2. Amendments and/or additions made by the Contractor to the Agreement in connection with changes in legislation come into force simultaneously with the entry into force of changes in these legislative acts.

8.3. The text of amendments and/or additions to the Agreement, or its new version, is communicated by the Contractor to the general public by posting the relevant information on the Site.

8.4. All disputes and disagreements that may arise in connection with the Agreement will be resolved through negotiations between the Parties. Disputes and disagreements on which the Parties do not reach agreement are subject to resolution in accordance with the legislation of the Republic of Belarus.

9. TERM OF VALIDITY, PROCEDURE FOR TERMINATION OF THE AGREEMENT

9.1. The Agreement is valid from the moment of its conclusion, in the manner provided for by the Agreement, until the Parties fully fulfill their obligations under the Agreement.

9.2. The Agreement may be terminated by agreement of the Parties, as well as on the grounds provided for by the current legislation of the Republic of Belarus and the Agreement.

10. OTHER CONDITIONS

10.1. The Parties recognize the address of the Contractor's location as the place of conclusion and execution of the Agreement. The Contractor provides Services remotely, without visiting the Customer's location.

10.2. The Parties unconditionally agree that if any of the terms of the Agreement loses legal force, is declared illegal or is excluded from the Agreement, this does not entail the invalidity of the remaining terms of the Agreement, which retain legal force and are binding on all Parties.

10.3. The Parties unconditionally agree that all messages, documents and notifications received via email to the details specified in Section 11 of this Agreement are considered delivered to the addressee in the proper form and have legal force on a par with documents executed in simple written form on paper, except for cases when the execution of documents on paper is a mandatory requirement of the legislation of the Republic of Belarus.

10.4. The Parties are obliged to check correspondence arriving at their email addresses in a timely manner. All risks associated with the occurrence of adverse consequences due to non-compliance with the requirements of this clause shall be borne by the Party that committed such a violation.

10.5. The relationship between the Parties not regulated by the Agreement shall be regulated by the current legislation of the Republic of Belarus.

11. REQUISITES OF THE PARTIES

11.1. The Parties unconditionally agree to consider the information specified by the Customer when placing an order for the provision of Services, as well as personal information about the payer received by the Contractor from the acquiring bank upon the fact of the Customer's payment, as the Customer's details.

11.2. Contractor's details:

Contractor: IE Moskalenko Andrey Viktorovich, TIN 291663532
Certificate of state registration No. 291663532 issued by Pruzhany DEC on 01/28/2021
Legal address: 225143, Republic of Belarus, Brest region, Pruzhany district, Dolgoe 1
Postal address: 220019, Republic of Belarus, Minsk, PO Box 49
Other contact details: info@ospanel.io, +375 (33) 914-23-52

Appendix No. 1 — Price List

Prices are valid on the date of payment for the Services and may be changed by the Contractor without prior notice.

Reference prices for non-residents

Prices are indicated for reference, non-residents of the Republic of Belarus can pay for Services in Belarusian rubles, as well as in Russian rubles, euros and US dollars, based on the official exchange rate of the Belarusian ruble to the payment currency established by the National Bank of the Republic of Belarus on the date of payment.