We are a commercial company providing hosting and domain registration services. The rights and obligations that exist between us and our clients are described in this offer.
LLP "Web-studio ONELAB", hereinafter referred to as "Operator", offers to any individual, individual entrepreneur or legal entity, hereinafter referred to as "Subscriber", paid services, services and services in the Internet network, as well as software and other software products (hereinafter referred to as "Services" and/or "Products").
This document, in accordance with Article 395 of the Civil Code of the Republic of Kazakhstan, is a public offer (hereinafter referred to as the "Agreement"), the full and unconditional acceptance (acceptance) of which, in accordance with Article 396 of the Civil Code of the Republic of Kazakhstan, is considered to be the Subscriber's concurrent actions - registration in the Operator's Accounting System, located on the Operator's Site.
1.1 Operator's Site - a WEB-site located at https://onehost.kz/ and https://1host.kz/bill/ in the Internet network. The Operator's Site provides Subscribers with information 24 hours a day and free of charge that is necessary to conclude and perform this Agreement, publishes all official documents of the Operator, tariffs, etc.
1.2 Accounting System - a software complex located on the Operator's Site, including an information-billing system and a control panel for remote Subscriber ordering of Services, management, change, and disconnection of Services, ordering of Products, etc.
1.3 Control Panel - a web interface in the Accounting System provided to the Subscriber for the purposes of round-the-clock:
1.4 Order - an official statement of the Subscriber in the form of a completed electronic form, sent through the Control Panel and paid according to the invoice for the ordered Services/Products.
1.5 Personal Account - account information in the Operator's Accounting System about the Subscriber's payment for the consumed Services, as well as payment for the ordered Products.
1.6 Data Center - specialized premises where server and network equipment is located and Services are provided under this Agreement.
2.1 The Operator shall provide the Subscriber with the Services and/or Products ordered through the Control Panel, as agreed in the Agreement, and the Subscriber, in turn, shall accept these Services and/or Products and pay for them.
2.2 The list and characteristics of the Services and Products, as well as their prices, are indicated in the relevant Tariffs for the Services and Products:
2.3 The conditions for ordering and providing Services, acquiring and using Products, as well as additional rights and obligations of the parties are determined by the Operator's registration rules in the accounting system and Special Conditions for each Service and/or Product.
3.1 The Operator shall:
3.1.1 Register the subscriber in the Operator's accounting system upon fulfilling all the requirements for the registration process described in the Operator's Registration Rules.
3.1.2 Provide the subscriber with a login and password to access the individual Control Panel via their email address.
3.1.3 Open an individual Personal Account for the subscriber and credit funds received from the subscriber.
3.1.4 Provide the subscriber with Services and deliver Products that have been ordered through the Control Panel by submitting a Request in a proper and timely manner, in accordance with the terms and conditions of this Agreement and its attachments.
3.1.5 Keep track of the consumption and payment of Services and Products by the subscriber using their own accounting tools.
3.1.6 Maintain the subscriber's Personal Account and accurately reflect the inflow and outflow of funds for payment of Services and Products.
3.1.7 Maintain the confidentiality of subscriber information obtained from the subscriber during registration in the operator's account system, except in cases provided for by the current legislation of the Republic of Kazakhstan, this Agreement and its annexes, as well as the confidentiality agreement published on the operator's website.
3.1.8 Ensure the operating conditions and preservation of the subscriber's equipment provided to the operator according to the acceptance-delivery act (only in cases where services are provided on the subscriber's equipment);
3.1.9 Publish official messages related to subscriber service, introduction of new tariffs and tariff plans, changes and closure of tariffs and tariff plans, changes to the agreement and its attachments, etc. on the operator's website and/or notify subscribers at customer service points and/or by sending information about changes to the subscriber's email address indicated in the control panel;
3.1.10 Issue invoices for payment of services and products;
3.1.11 Issue invoices and pro-forma invoices for subscribers who are legal entities and individual entrepreneurs, and at the request of subscribers and acts of service delivery and acceptance/work performed;
3.1.12 Perform other obligations reflected in this agreement and its attachments.
3.2 The Operator is entitled to:
3.2.1 Require additional payment from the Subscriber for the resources consumed, if the actual volume of Services and/or Products provided as a result of the Subscriber's fault or initiative exceeds the volume of Services and/or Products specified in the Agreement and/or ordered through the Control Panel;
3.2.2 Rely on the completeness, relevance and accuracy of the information transmitted by the Subscriber;
3.2.3 In case of receipt of payment from the Subscriber that is not in full or the presence of a negative balance in the Subscriber's Personal Account in the Operator's Accounting System, immediately with or without prior notice and at its discretion, suspend the provision of Services and/or disconnect the Subscriber's software and/or hardware means and/or block the resource (WEB-site, WEB-mail) and/or the Subscriber's registration (login and password) and/or other Subscriber information until payment is made;
3.2.4 In the event that the payment delay exceeds 30 (thirty) calendar days from the date of payment due date, the Operator shall immediately and without prior notice, at its discretion, remove the resource (WEB-site, WEB-mail) and/or other information and data of the Subscriber.
3.2.5 If the payment default of the Subscriber's debt exceeds 6 (six) months, the present Agreement shall be terminated unilaterally.
3.2.6 Transfer its obligations under the Agreement to another Operator with prior notice to the Subscriber 15 (fifteen) calendar days. The Operator is entitled to send this notice in electronic form via email to the Subscriber's address specified in the Control Panel.
3.2.7 Authorize a third party to enter into an Agreement on behalf of the Operator and at the expense of the Operator.
3.2.8 Authorize a third party to make payments to Subscribers on behalf of the Operator.
3.2.9 Other rights of the Operator are reflected in the present Agreement and its appendices.
3.3 The Subscriber shall:
3.3.1 Register in the Operator's Accounting System and provide all necessary information and documents requested by the Operator in accordance with the Operator's Accounting System Registration Rules. By registering on the Operator's website, the Subscriber agrees to the collection, storage, and processing of their personal data for the purpose of receiving the Operator's services;
3.3.2 Timely receive and pay for the Operator's services in the amount and within the terms established by the Agreement and its annexes;
3.3.3 Keep track of their Personal Account in the Operator's Accounting System (Control Panel) on their own;
3.3.4 Keep track of timely receipt of invoices, acts, and other accounting documents from the Operator on their own;
3.3.5 Timely provide the Operator with materials, documents, and information (data) necessary for the Operator to fulfill its obligations under the Agreement;
3.3.6 Familiarize themselves with the official information related to the provision of Services and Products published on the Operator's website at least once a week;
3.3.7 In the event of a failure or malfunction of the Operator's equipment, promptly inform the Operator thereof;
3.3.8 Comply with the rules of the Agreement and the Operator's other regulatory documents;
3.3.9 Refrain from any actions that could harm the Operator's business reputation.
3.3.10 Perform other obligations reflected in this Agreement and its annexes.
3.4 The Subscriber is entitled to:
3.4.1 Use the Operator's Services and Products within the limits established by the Agreement and its annexes;
3.4.2 Order additional Services and Products from the Operator in accordance with the Tariffs for Services and Products;
3.4.3 Refuse previously ordered Services and Products in the manner specified by the Agreement and its annexes;
3.4.4 Other rights of the Subscriber are reflected in this Agreement and its annexes.
4.1 The number (volume) of services and/or products ordered and used by the Subscriber is reflected in the Control Panel. The cost of the ordered and used services and/or products is determined in accordance with the tariffs for services and products and is also reflected in the Control Panel.
4.2 The tariffs for services and products in the Control Panel are indicated in the national Kazakhstan currency - tenge.
4.3 All prices indicated in the Agreement and its attachments are exempt from VAT, unless otherwise established by a relevant attachment to the Agreement.
4.4 The number (volume) of consumed services and/or ordered products is determined exclusively on the basis of the data of the Operator's accounting system, which is the basis for billing the Subscriber and/or debiting funds from the Personal Account for the provided services and/or products. Upon the request of the Subscriber, a legal entity or an individual entrepreneur, the Operator and the Subscriber sign a Delivery-Acceptance Act for services/works for each reporting period.
4.5 The Operator is entitled to unilaterally review the prices for services and/or products, taking into account changes in economic conditions and/or exchange rate fluctuations, by making changes to the tariffs for services and/or products and informing the Subscriber about such changes by sending a notice to the Subscriber's email address.
5.1 The Subscriber is responsible for making payments in advance before receiving the Services (access to the Services) and/or Products. The Subscriber makes payments for any number of months of estimated time of use of the Services, not exceeding 12 (twelve) months, and/or any number of estimated Products to be ordered. Services (access to Services) are provided only if there is no outstanding payment for Services. Products are provided only if there is sufficient amount available in the Subscriber's account for Product payment.
5.2 The Operator reserves the right to immediately suspend the provision of Services (block access to Services) to the Subscriber if there is an outstanding payment for Services. The Operator resumes provision of Services (re-opens access to Services) to the Subscriber within 24 hours of receiving the documents confirming settlement of the outstanding payment for Services.
5.3 The Operator may, at its discretion, provide the Services and/or Products to the Subscriber on credit, with subsequent billing of the Subscriber, who shall pay the invoice within 3 (three) business days from the date of billing. In the event of overdue payment of the invoice, the Operator may immediately suspend the provision of Services (block access to the Services) and/or claim a late payment fee of 0.1% of the invoice amount for each day of payment default from the Subscriber.
5.4 Payment for Services and Products is made by bank transfer or other methods offered by the Operator and information about which is published on the Operator's Website.
5.5 The Operator may suspend the crediting of funds to the Subscriber's Personal Account until proper payment by the Subscriber has been made and/or request confirmation from the Subscriber on the payment being made and/or refuse to accept and credit the payment.
5.6 The date of payment shall be considered the date of receipt of funds into the Operator's settlement account.
5.7 The Subscriber is solely responsible for the accuracy of the payments made by them. In case of changes in bank requisites, the Subscriber must promptly notify the Operator. The Subscriber must also ensure that their contact information, including email, is up-to-date.
5.8 The Operator shall not be liable for any damages caused by the Subscriber's incorrect payment. The Subscriber must promptly notify the Operator of any errors in payments made by them.
6.1 The Operator sets the delivery and completion dates for the Services and/or Products.
6.2 The Operator issues a Handover-Acceptance Act with the date of payment.
6.3 The Subscriber must forward to the Operator a copy of the Handover-Acceptance Act signed by him within 10 (ten) calendar days of receipt.
6.4 In the event of objections to the Handover-Acceptance Act, the Subscriber is obligated to notify the Operator of these objections via registered mail with a delivery notice within 15 (fifteen) calendar days of receipt of the Handover-Acceptance Act.
6.5 If there are no motivated objections to the Handover-Acceptance Act received by the Operator within 30 (thirty) calendar days of the publication of the Act in the Control Panel and/or sending the Act by mail or email by the Operator, the Services and/or Products are considered to have been fully delivered and accepted.
6.6 The subscriber is responsible for monitoring the timely receipt of invoices, acts, and other accounting documents from the operator.
7.1 The parties shall be liable for non-performance or improper performance of their obligations under this Agreement in accordance with the laws of the Republic of Kazakhstan.
7.2 Liability of the parties not specified in this Agreement shall be determined by the Operator's System Registration Rules.
7.3 The Operator reserves the right to suspend access to the Services in case of violation of the conditions of this Agreement and its annexes by the Subscriber, as well as the requirements of the laws of the Republic of Kazakhstan.
7.4 If the Subscriber does not eliminate the violation that caused the suspension of the Services, the Operator is entitled to terminate the Agreement with the Subscriber unilaterally without any compensation.
7.5 The Subscriber agrees to release the Operator from liability to claims by third parties who have entered into agreements with the Subscriber to provide services that are partially or fully provided by the Subscriber using the Services and/or Products of the Operator.
7.6 Under no circumstances shall the Operator be liable to the Subscriber for indirect losses. The concept of "indirect losses" includes, but is not limited to, lost profits, lost business, lost revenue, and other losses that are not directly caused by the Operator's breach of its obligations.
7.7 The payment of fines does not exempt the parties from performing their obligations under the Agreement.
7.8 Liabilities of the parties not provided for in this Agreement and its annexes shall be applied in accordance with the amount and procedure established by the relevant legislation of the Republic of Kazakhstan.
7.9 If the relevant legislation of the Republic of Kazakhstan provides for mandatory rules for specific categories of subscribers that establish different grounds and limits of the Operator's liability as compared to those provided for in this Agreement and its annexes, then the rules established by the relevant legislation of the Republic of Kazakhstan shall apply in respect of such subscribers.
7.10 In case the Subscriber exceeds the limitations on hardware, software resources or Internet channel resources provided by the Operator within the Services, the Operator reserves the right to offer the Subscriber a transition to other service conditions, including, but not limited to, another tariff plan.
7.11 All information that the Subscriber places within the scope of the Services (including the Customer's software, database, and email addresses) belongs to the Subscriber. The Operator does not control or accept responsibility for the content of the information placed by the Subscriber within the scope of the Services provided.
7.12 The Operator does not guarantee uninterrupted or error-free Services and does not guarantee that the hardware and software or any other materials used to provide the Services are free of system errors, computer viruses, or other harmful components. The Operator will take all reasonable efforts and measures to prevent this.
7.13 The Operator is not responsible for the normal functioning of the Internet network, its components, or the quality of communication lines that are not related to the Operator's own resources, as well as their accessibility for the Subscriber.
7.14 The Operator does not control the information flow available through the Internet, which may include undesirable materials for the Subscriber, specifically sexually explicit or offensive information to the Subscriber, and shall not be held responsible for them.
7.16 The Operator shall not be responsible for any violations of third-party rights, resulting from the Subscriber's actions of posting information and/or any other actions taken using the Services provided by the Operator.
7.17 The Subscriber assumes full responsibility and risks associated with using the Internet network through the Services, including responsibility for assessing the accuracy, completeness, and usefulness of any opinions, ideas, or other information, as well as the quality and characteristics of goods and services distributed on the Internet and provided to the Subscriber through the Services.
7.18 The Parties agree to immediately notify each other of any known or suspected cases of data security breaches related to the Services provided. In the event of established violations of the information security policy, the Parties shall take all necessary measures to resolve the situation and shall take necessary steps to prevent any reoccurrence of similar violations. The Parties agree to take all measures to comply with the applicable laws and regulations in force to protect personal data.
7.19 The subscriber assumes full responsibility in the event of any claims, complaints, or lawsuits from third parties, including government and local authority agencies, as well as any public organizations, in connection with the violation of personal and property rights (including copyrights) or moral and public order norms resulting from the use of services, including, but not limited to, the transmission and/or receipt of information by the subscriber that could lead to the actions of third parties mentioned above.
7.20 The subscriber is fully responsible for safeguarding their password and any losses that may arise from unauthorized use. In the event of a theft of login and password caused by third parties, the client has the right to submit an application to the Operator to change the login and password, with a mandatory attachment of the corresponding financial document confirming the payment of services. The Operator shall not bear any responsibility for any unauthorized use of the subscriber's login and password.
7.21 To resolve technical issues in determining the subscriber's fault as a result of their unauthorized actions in using the Internet network, the Operator is entitled to independently engage competent organizations as experts.
7.22 The Operator is entitled to suspend the provision of Services for the conduct of necessary planned preventive and repair works on the Operator's technical resources, as well as unplanned work in emergency situations.
7.23 The Operator is entitled to suspend the operation of the Services or refuse to provide them in cases where their provision to a particular Subscriber deteriorates the overall functioning of the Operator's network (e.g. network attacks), as well as the quality of services provided to other Subscribers.
7.24 The Operator is entitled to refuse to provide Services without returning the remaining amount for the unused period in the following cases:
7.25 The Operator has the right to suspend the provision of Services until the circumstances are clarified in the following cases:
In cases of detection of the listed cases of Service usage, the Operator reserves the right to refuse Service provision without refunding the remaining amount for the unused period.
8.1 The parties shall be relieved of their obligations under the Agreement if their non-performance is the result of force majeure circumstances that occurred after the conclusion of the Agreement as a result of events of an extraordinary nature, which the party that did not perform its obligations fully or partially could not have foreseen or prevented by reasonable means. Such circumstances include, in particular, natural disasters, terrorist acts, military actions, natural and industrial disasters, civil disorders, failures in telecommunications or energy networks, illegal actions of third parties, consequences of malicious software, prohibitive acts of state and local authorities, other changes in legislation that prevent the parties from fulfilling their obligations, and other circumstances of force majeure recognized as such in accordance with the legislation of the Kazakhstan.
8.2 If the circumstances specified in Section 6.1 occur, the Party that is unable to fulfill its obligations under the Agreement must promptly notify the other Party in writing, attaching the relevant evidence, but no later than fourteen (14) calendar days after the start of such circumstances. Late notification deprives the interested Party of referring to such circumstances as a basis for exoneration from liability in the future.
8.3 If the force majeure circumstances persist for more than one (1) month, the Agreement shall be deemed terminated after one (1) month from the moment of the force majeure circumstances.
9.1 Any disagreements or disputes that may arise will be resolved by the parties through negotiations to the extent possible.
9.2 If agreement cannot be reached through pre-litigation settlement, the dispute arising from this Agreement shall be referred to the Arbitration Court in Ust-Kamenogorsk (if the Subscriber is a legal entity or individual entrepreneur) or to the court of general jurisdiction at the location of the Operator (if the Subscriber is a natural person).
9.3 Subscriber's claims regarding the Services and Products provided shall be accepted and considered by the Operator only in written form and in accordance with the provisions of the current legislation of the Republic of Kazakhstan.
9.4 To resolve technical issues in determining the fault of the Subscriber as a result of its unlawful actions while using the Internet network, the Operator has the right to independently engage competent organizations as experts. In the event of the Subscriber's fault being established, the latter shall compensate for the expenses incurred for the expert examination.
10.1 The Parties have agreed that the Subscriber's (its authorized representative's) actions made in the Control Panel respectively change the rights and obligations of the Parties and the conditions established in this Agreement. Until the moment of providing information about the change of the authorized representative who has the right to act in the Control Panel, such person shall be deemed the proper representative of the Subscriber. Information from the Control Panel in written form, certified by the Operator, constitutes proper evidence of changes to the Agreement's conditions.
10.2 The Operator is entitled to disclose information about the Subscriber only in accordance with the legislation of the Republic of Kazakhstan and this Agreement.
10.3 In the event of claims regarding the informational content of the Subscriber's resource, the latter gives its consent to the Operator to disclose the Subscriber's personal data (for individuals) and contact information to a third party for the purpose of resolving the dispute directly between the Subscriber and the third party.
10.4 To improve the quality of service to the subscriber or to lower the tariff cost, the subscriber trusts the operator to perform actions on his behalf with domain names, such as transferring domain names to technical support to another registrar.
10.5 This Agreement is a public agreement based on Article 395 of the Civil Code of the Republic of Kazakhstan, the conditions of a public agreement are established equally for all subscribers, except in cases when the law and other legal acts of the Republic of Kazakhstan allow for granting privileges to specific categories of subscribers.
11.1 This Contract shall come into force upon the subscriber's acceptance of its terms in the manner prescribed by the Contract, i.e., upon the subscriber's registration in the Operator's Accounting System, and shall remain in effect until the end of the current calendar year.
11.2 The term of the Contract shall automatically be extended for the next calendar year, unless either party notifies the other in writing of its intention to terminate the Contract at least 30 (thirty) calendar days prior to the end of the calendar year. The Operator may send such notice in electronic form via email to the subscriber's address specified in the Control Panel.
11.3 The automatic extension of the Contract term shall be established indefinitely.
11.4 The Operator may at any time unilaterally terminate the Contract with mandatory notification to the subscriber, sent in accordance with the provisions of the Contract, no later than 30 (thirty) calendar days before the expected date of termination of the Contract. The parties shall perform the necessary actions to settle their mutual obligations.
11.5 Any changes or additions to this Contract shall be made in writing and executed in accordance with the procedure established by the Contract.
11.6 If the subscriber disagrees with the changes being made, they have the right to immediately terminate this Agreement by providing written notice to the Operator. If the Operator does not receive written notice of termination from the subscriber for the stated reasons within 10 (ten) calendar days from the time the changes take effect, the changes are considered accepted by the subscriber.
11.7 The subscriber has the right to terminate this Agreement and discontinue the Operator's services at any time in a unilateral manner, provided that the latter is reimbursed for any actual expenses incurred up to the moment of termination.
11.8 In case of early termination of the Contract by the Subscriber, the unused funds will be returned from the Subscriber's Account, except in cases provided for in this Contract and its annexes. The funds will only be returned in non-cash form and upon presentation of supporting payment documents. The transfer of returned funds to a third party at the request of the Subscriber is not carried out.
11.9 Upon written request from the Subscriber, the Operator is obliged to suspend the provision of Services to the Subscriber without termination of the Contract. In this case, the Subscriber will be charged for the entire period indicated in the request in accordance with the established tariff for such cases.
11.10 This Contract automatically terminates or is terminated by the Operator in unilateral order in the following cases:
11.10.1 In cases of systematic (three or more times) violations of the terms of this Agreement and/or its annexes by the Subscriber, the Operator is entitled to immediately terminate the Agreement without any compensation to the Subscriber (the remaining funds on the Subscriber's Personal Account is considered a penalty fee). The termination of the Agreement for the aforementioned reasons is carried out by the Operator in a unilateral manner by sending the corresponding notice to the Subscriber via email to the addresses provided by the Subscriber in the Control Panel.
11.10.2 In cases where the suspension of the provision of services, services, and services to the Subscriber and/or disconnection of the Subscriber's software and/or hardware means and/or blocking of the resource (WEB-site, WEB-mail) and/or registration of the Subscriber (login and password) and/or other information and data of the Subscriber was carried out by the Operator due to the Subscriber's violation of the conditions of the Agreement or its annexes and lasts more than 6 (six) consecutive months from the date of receipt by the Subscriber of the corresponding notice by email, the Operator is entitled to terminate the Agreement without any compensation to the Subscriber.
11.11 This Agreement may be terminated by the parties in the event of the Subscriber's unilateral refusal to perform the Agreement. The following actions or inaction of the Subscriber are considered to be the Subscriber's unilateral refusal to perform the Agreement:
11.11.1 If the Subscriber does not make a deposit to their Personal Account (payment under the Agreement) within 30 calendar days from the moment a zero or negative balance is formed on the Personal Account and does not notify the Operator of the payment deadline, the resources (WEB-site, WEB-mail) and other information and data of the Subscriber are retained during the aforementioned 30 calendar days from the moment a zero or negative balance is formed on the Subscriber's Personal Account. After this period, if no other deadline is specified in the applicable rate and/or rate plan, the resource (WEB-site, WEB-mail) and all information and data of the Subscriber will be deleted, and the Operator shall not be held liable for the deletion of the Subscriber's information.
11.11.2 Within 30 calendar days, if no other deadline is established in the Subscriber's corresponding statement, from the moment the Services are disconnected by the Subscriber on their own initiative, the resources (WEB-site, WEB-mail) and all information and data of the Subscriber will be deleted, and the Operator shall not be held liable for the deletion of the Subscriber's information.
TOO «Web Studio ONELAB»
Republic of Kazakhstan, Ust-Kamenogorsk, 30th Guard Division Street, 24/1, Office 205.
Director: Leonov I.A. acting on the basis of the Charter
Beneficiary Bank: AO "KASPI BANK"
For orders and administrative questions:
For technical support questions:
For payment questions:
Mobile Gateway: +7 700 700 71 77
Almaty: +7 (727) 347-01-01
Ust-Kamenogorsk: +7 (7232) 91-95-12
New York: +1 (929) 566 67 79
4/7 Technical Support Hotline (only for critical issues): +7 727 3100256