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Version 1.1 · effective

This translation is provided for convenience. The Russian version is legally binding.

Public Offer Agreement

Terms on which QoCloud provides its services: ordering, payment, renewal, suspension and liability of the parties.

1. General provisions

  1. 1.1

    This document is a public offer by QoCloud, the cloud division of the QoDev group of companies (hereinafter "QoCloud", the "Provider", "we") to enter into a service agreement on the terms set out below with any person of full legal capacity who is at least 18 years old, or with any organization (hereinafter the "Client").

  2. 1.2

    The Client accepts this offer by registering an account on qocloud.tech and (or) topping up the Balance or ordering any service. The agreement is concluded at the moment of acceptance.

  3. 1.3

    The following documents, published in the "Documents" section of the website, form an integral part of the agreement: the Terms of Use, the Acceptable Use Policy, the Refund Policy, the Service Level Agreement (SLA) and the Privacy Policy. If they conflict, the Acceptable Use Policy and the Refund Policy prevail.

  4. 1.4

    The Provider may amend the terms of the agreement. The Provider publishes the new version on the website, and it takes effect 14 days after publication. Changes that do not worsen the Client's position take effect on publication. The price of an already paid term does not change.

2. Definitions

  1. 2.1

    "Server" means a virtual private server (VPS) with specified resources (vCPU, RAM, disk space) hosted in a data center in the country chosen by the Client.

  2. 2.2

    "Control Panel" means the Client's account area on qocloud.tech, the app and the public API through which the Client orders and manages services.

  3. 2.3

    "Balance" means the Client's personal account in rubles from which services are paid.

  4. 2.4

    "Paid Term" means the period (1, 3, 6 or 12 months) for which the Client has paid for a Server.

  5. 2.5

    "Unavailability caused by the Provider" means the condition defined in the Service Level Agreement (SLA).

3. Subject of the agreement

  1. 3.1

    The Provider grants the Client temporary use of computing resources (Servers) and related services: IP address allocation, operating system installation, VNC console, IP address change, resource upgrades and technical support.

  2. 3.2

    The list of configurations, hosting countries, operating systems and prices is published on the website and in the Control Panel and forms part of the offer at the time of the order.

  3. 3.3

    The Provider keeps the infrastructure running: hardware, power, the data center network and virtualization systems. The Client is responsible for administering the operating system and software on the Server, their configuration and security, and the Server's contents.

4. Ordering and provision of services

  1. 4.1

    The Client orders a Server in the Control Panel or through the API. The price of the selected term is debited from the Balance at the time of the order. If the Balance is insufficient, the order is not placed.

  2. 4.2

    The Server is provisioned automatically, usually within a few minutes. The IP address and root password are shown in the Control Panel.

  3. 4.3

    If the Server cannot be provisioned, the full debited amount is automatically returned to the Balance.

  4. 4.4

    The Provider may refuse to provide a service or limit the number of simultaneous orders if there are grounds to believe that the service will be used in breach of the Acceptable Use Policy.

5. Prices and payment

  1. 5.1

    Prices are stated in rubles per month. The total price of the term is shown before payment. Fees of payment partners, if any, are shown at checkout.

  2. 5.2

    Services are paid in advance from the Balance. The Client tops up the Balance through the Provider's payment partners. Funds are credited after the partner confirms the payment.

  3. 5.3

    Paid operations (IP address change, resource upgrades) are debited from the Balance when performed, at the price shown in the Control Panel before confirmation.

  4. 5.4

    When the Client pays for a Server for 3, 6 or 12 months at once, a discount applies. Its amount is shown on the website and in the Control Panel at the time of the order. The discount applies to the Paid Term. Renewal is charged at the monthly price unless the Control Panel states otherwise.

  5. 5.5

    The Provider may change prices for future periods by notifying the Client at least 14 days in advance. The price of a Paid Term does not change.

  6. 5.6

    Disputing a payment through the bank (chargeback) without first contacting support is a breach of the agreement. Until the dispute is resolved, the Provider may suspend services, and the disputed amount is debited from the Balance.

6. Renewal and suspension

  1. 6.1

    If auto-renewal is enabled, the Server is renewed for one month 3 days before the Paid Term ends, provided the Balance has sufficient funds. The Client can disable auto-renewal in the Control Panel.

  2. 6.2

    If auto-renewal does not go through, the Provider notifies the Client in advance that the term is ending, in the Control Panel and by email (unless the Client has disabled such notifications).

  3. 6.3

    When the Paid Term ends without renewal, the Server is stopped. If the term is not renewed within 3 calendar days, the Server and all data on it are deleted permanently and cannot be restored.

  4. 6.4

    The Provider may suspend services without prior notice:

    • for a breach of the Acceptable Use Policy, following the procedure described in it;
    • at the request of competent authorities in cases provided for by applicable law;
    • if there is a threat to the security or stability of the infrastructure, other clients or third parties;
    • if a payment is disputed (clause 5.6).

7. Rights and obligations of the parties

  1. 7.1

    The Provider shall:

    • provide the services in accordance with the agreement and the SLA;
    • announce scheduled maintenance in advance on the status page and by email;
    • keep the Client's data confidential in accordance with the Privacy Policy;
    • perform actions on the Client's Server only to resolve the Client's request, to eliminate a security threat or as required by law, recording each action in the Client's security log.
  2. 7.2

    The Client shall:

    • comply with the Acceptable Use Policy and applicable law;
    • keep the Server secure: update software, use strong passwords or SSH keys, configure a firewall;
    • make their own data backups;
    • respond to the Provider's requests regarding abuse complaints within 24 hours;
    • provide a valid email address and keep it working.
  3. 7.3

    The Client is responsible for the actions of all persons to whom the Client has given access to the account, API keys or Server.

8. Liability and its limitations

  1. 8.1

    For service unavailability, the Client receives compensation under the SLA and refunds in the cases provided for by the Refund Policy.

  2. 8.2

    The Provider is not liable for loss of the Client's data, lost profits or other indirect losses, or for the consequences of actions by the Client and by third parties who gained access to the Server.

  3. 8.3

    The Provider's aggregate liability under the agreement is limited to the amount the Client paid for the affected service for the last month in which it was provided.

  4. 8.4

    The Client shall indemnify the Provider for losses, fines and expenses arising from the Client's breach of the Acceptable Use Policy or applicable law, including third-party claims.

  5. 8.5

    The parties are released from liability for failure to perform their obligations due to force majeure, including acts of government authorities, natural disasters, and large-scale failures of backbone networks and power supply.

9. Term and termination

  1. 9.1

    The agreement is concluded for an indefinite term and remains in force until terminated.

  2. 9.2

    The Client may delete Servers and stop using the services at any time. Refunds are made under the Refund Policy.

  3. 9.3

    The Provider may terminate the agreement unilaterally in the event of a material or repeated breach of the Acceptable Use Policy by notifying the Client by email.

10. Dispute resolution and governing law

  1. 10.1

    Claims should be sent to billing@qocloud.tech or submitted through a ticket in the Control Panel. The Provider responds to a claim within 30 calendar days.

  2. 10.2

    The agreement is governed by the law of the Hong Kong Special Administrative Region. This does not deprive a Client who is a consumer of the protection afforded by the mandatory rules of law of the country of their habitual residence.

  3. 10.3

    Disputes not settled through the claims procedure are resolved in the court at the Provider's location, unless the mandatory rules of law applicable to a consumer contract provide otherwise.

11. Contacts

  1. 11.1

    Support: support@qocloud.tech, tickets in the Control Panel, Telegram @QoCloudTech.

  2. 11.2

    Payments and documents: billing@qocloud.tech. Abuse reports: abuse@qocloud.tech. General questions: info@qocloud.tech.

  3. 11.3

    Address: 17/F Sun Life Tower, The Gateway, Harbour City, 21 Canton Road, Tsim Sha Tsui, Kowloon, Hong Kong.

Sun Life Tower, Harbour City, Hong Kong · questions about this document: info@qocloud.tech

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