Electronic Services Contract
1. The Parties
1.1. You, (hereinafter referred to as the Client), on the one part, and SIA “Hostnet” reg. no. 40003804266, VAT reg. no. LV40003804266, (hereinafter referred to as the Operator), on the other part, without fraud, deceit or duress, in accordance with the laws and regulations of the Republic of Latvia in force, have concluded the present contract on the following:
2. The Subject of the Contract
2.1. The Operator provides services to the Client as specified in this Contract (hereinafter – Services), and the Client undertakes to pay for these Services, according to the tariff plan selected by the Client and the provisions of this Contract. Amount of services, technical parameters, tariff plans and conditions of payment are set out in Annex 1 to this Contract (https://www.hostnet.lv/en/regulations/)
3. Payment Procedure
3.1. Payment of Services shall be made before the receipt of the Services according to the selected conditions of payment, on basis of an issued invoice, within 7 (seven) days from the date of issue of the invoice. Invoices are prepared electronically and are valid without signature.
4.1. Client shall assume full responsibility for any action that he/she undertakes when using Services.
5. Client’s Obligations
5.1. Client is fully responsible for keeping his/her password and user name secret. All actions undertaken on the web site by using the Client‘s user name and password, shall be considered as the Client’s actions.
6. Operator’s Rights and Obligations
6.1. The Operator provides availability of the Services for 99.50 % of the year. The Operator is responsible for providing the availability of the Services, however temporary interruptions in the availability of the Services may occur during improvement, check or damage prevention works, and the Operator shall not compensate such interruptions of availability of the Services if the interruption does not exceed 8 (eight) hours per day and 24 (twenty-four) hours per month. If there is interruption in availability of the Services due to improvement, check or damage prevention works exceeds the aforementioned time, the Operator shall make recalculation of payment upon the Client’s written request by reducing the payment for the succeeding period in proportion to the time, when the Services were not available. The Operator shall send a notice by e-mail regarding the planned long-lasting availability improvement, check or damage prevention works of System and Service.
6.2. The Operator is not responsible for interruptions in the availability of the Services caused by unlawful conduct of third persons, including, but not limited to: unauthorised access to servers and stored information, dissemination of computer viruses. The Operator does not ensure complete information protection.
7. Closure of the Client‘s Account
7.1. The Operator reserves the right to close the Client‘s account temporarily or permanently, if:
a) the Client violates the provisions of this Contract;
b) the Client delays payment for the services for more than 14 days.
8. Duration and Termination of the Contract
8.1. The Contract enters into force at the date of filling the application and automatic creation of a hosting account, the access data of which the Client receives in his/her e-mail.
8.3. The Client may unilaterally terminate the Contract prior to the expiry of the Contract by notifying the Operator till the end of the period paid, by sending an appropriate notification to the Operator’s e-mail email@example.com.
8.4. In all cases of termination of this Contract, the Parties shall carry out the final settlement for the Services provided to the Client up to the date of closure of the account, and the Contract is considered terminated only on this date.
9. Force Majeure
9.1. None of the Parties shall be liable for failure to fulfil its obligations in case of Force Majeure conditions that the Party could not foresee, control or prevent and which the Party has not caused. Cases of Force Majeure conditions are considered to be natural disasters, fires, war, civil war, insurrection, strikes, epidemics, embargo and limitation or loss of power supply.
10. Applicable Legislation and Settlement of Disputes
10.1. All matters not covered by this Contract, shall be governed by the laws and regulations of the Republic of Latvia in force.
10.2. All disputes arising from this Contract, shall be settled by negotiations. In case agreement cannot be reached, the matter shall be settled in court in accordance with the laws and regulations of the Republic of Latvia.