IT Solutions Agreement

1. Parties
1.1. You hereinafter referred to as Customer, on the one hand, and LTD «First Cloud» registration number LV40103748162 hereinafter referred to as FIRST HOST, represented by its Director Aleksandra Romanova, on the other hand, both together and each individually hereinafter referred to as Parties, having regard to effective legislation of the Republic of Latvia, have agreed as follows:
2. The Subject of the Contract
2.1. FIRST HOST shall provide the Customer with services specified in the present Contract (hereinafter referred to as Services), the Customer shall undertake payment of the aforementioned services in accordance with tariff plan chosen by the Customer and in line with terms and conditions of the present Contract. Amount, technical specifications, tariff plans, and payment procedure are determined in Annex 1 (which is available at the following addresses: http://www.firsthost.lv/ru/web-hosting/ and http://www.firsthost.lv/ru/domains/)
3. Terms and Conditions of Payment
3.1. Payment for Services shall be made before obtaining services in accordance with chosen type of payment, grounded on invoice issued by the FIRST HOST during 10 (ten) days from the moment of issuing invoice. Prices of the present Contract are Value Added Tax inclusive.
3.2. In case if the Customer does not make payment in accordance with the present Contract, then the FIRST HOST shall be entitled to authorize a third party to collect the debt from the Customer. The Customer shall undertake to cover all costs related to services of the third party for collecting the debt from the Customer.
3.3. In the event of delayed payment the FIRST HOST shall be entitled to request payment of penalty in the amount of 0.5% from the sum for each delayed day. 
4. Terms and Conditions for Using Services
4.1. The Customer shall undertake all responsibility for any actions performed while using the Services;
4.2. The Customer shall undertake not to use the Services for illegal purposes;
4.3. The Customer must not attempt to gain unauthorized access to systems and files without permission of their owner, even if they are not sufficiently protected;
4.4. The Customer shall undertake not to send chain letters and other advertising materials to the recipients who have not given their consent to receive such information;
4.5. The Customer must not use the Services for distribution of computer viruses and similar materials;
4.6. The Customer must not use the Services violating the rights of a third party (without limitation, including any confidentiality and intellectual property rights of a third party).
4.7. The Customer shall not be entitled to:
4.7.1. Publish any information prohibited by legislation of the Republic of Latvia.
4.7.2. Publish Bittorrent trackers containing links or torrent-files through which can be obtained materials that infringe copyrights.
4.7.3. Attempt to gain access to information of other system users.
4.7.4. Accidentally or intentionally interfere with performance of network or server of the FIRST HOST.
4.8. Server Resources Usage Restrictions:
4.8.1. Maximum CPU usage - 10 %
4.8.2. Maximum execution time of a PHP script - 2 minutes
4.8.3. Maximum number of processes per user - 20
4.8.4. The maximum amount of memory per process - 256 MB
4.8.5. Maximum number of e-mails per hour from one domain - 100
4.8.6. Maximum number of recipients per e-mail - 20
4.9. In case if the Customer orders a service on domain registration in zone .LV, the Customer must read the rules of domain registration services in zone .LV at the following address: http://www.nic.lv/resource/show/53.
5. Obligations of the Customer
5.1. The Customer shall keep the password confidential and be solely responsible for actions that occur when using it. Other users of the Customer’s user names and passwords are responsible for compliance with the terms and conditions of the present Contract to the same extent as the Customer. The Customer shall duly notify the FIRST HOST in case of any illegal actions with the Customer’s user names and passwords, as well as any other breaches of security system, which became known.
6. Obligations of the FIRST HOST
6.1. The FIRST HOST shall provide Services in full volumes and the best quality. Nevertheless it is obvious that the FIRST HOST can not guarantee uninterrupted providing of Services. The Services are provided as they are, thus the FIRST HOST shall not be responsible for any loss incurred by the Customer as a result of interruptions in performance of the Internet.
  6.2. The service does not include FIRST HOST responsibility to make the CUSTOMER`s data administration in anyway (webpage administration, backuping, software installation or updating on CLIENT`s webpage). 
7. Closure of the Customer's Account
7.1. The FIRST HOST shall be entitled to temporarily suspend or close the Customer’s account in the following cases:
a) the Customer has violated the terms and conditions of the present Contract;
b) the Customer has delayed payment for the Services in line with subparagraph 3.1. of the present Contract.
8. Duration and Termination of the Present Contract
8.1. The present Contract shall enter into force upon signing and shall remain valid until both Parties have fulfilled all obligations hereto.
8.2. In case if the Parties have no claims against each other, then terms and conditions determined by the present Contract shall be extended until signing a new contract.
8.3. In case if one Party has an intention to terminate the present Contract, then this Party shall give one month prior written notice to the other Party.
8.4. In the event of termination of the present Contract, the Parties shall settle all payments for services provided to the Customer, before closure of account, and only after this moment validity of the present Contract shall be considered terminated.
9. Force-Majeure
9.1. Either party shall be partly or completely released from performance of its obligations under the present Contract to extent the failures result from force-majeure.
9.2. Force-majeure is any effective legal act, agreement or any other written directive which affect execution of the present Contract. Moreover, as force-majeure situations shall be considered: war, any military actions, disorders, embargo, and various natural disasters which influence execution of the present Contract.
10. Settlement of disputes
10.1. The Parties shall resolve any issue which is not stipulated in the present Contract in accordance with effective legislation of the Republic of Latvia.
10.2. All disputes, disagreements or requests arising from the present Contract related to amendments, violation, termination, legality, validity or interpretation of the resent Contract shall be settled though negotiations between the Parties.
10.3. In the event if the Parties have not reached an agreement within two months, the dispute shall be submitted in written to the European Permanent Court of Arbitration, registration No. 40003961077, composed of one arbitrator.
11. Amendments and Supplements to the present Contract
11.1. The present Contract constitutes entire agreement between the Parties. All previous agreements between the Parties shall be superseded upon concluding the present Contract.
11.2. The present Contract can be amended and supplemented upon written consent of the authorized representatives of the Parties.
12. Other provisions
12.1. The present Contract is generated electronically and shall be valid without signature.
12.2. Financial information of the present Contract shall be confidential, with the exception of terms of subparagraph 3.2.
12.3. The present Contract shall be binding upon the FIRST HOST, the Customer, and their successors and assigns.


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