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PUBLIC OFFER AGREEMENT
on the Provision of Service

DEFINITIONS

Administrator of the .UA domain — means a person who carries out a set of organizational and technical measures necessary to ensure the functioning of technical tools of addressing support, including domain name servers of the Ukrainian segment of the Internet and the register of the .UA domain in coordination with the international system of Internet administration, aimed at systematizing and optimizing the use, accounting and administration of second-level domains, as well as creating conditions for using the domain name space based on the principles of equal access, protection of the rights of Internet users and free competition.

Certification — means a procedure for verification by the Administrator of those who wish to conclude this Agreement and become a Registrar within the meaning of this Agreement. During this procedure, the Administrator checks whether such persons have, in particular, a section on domain names on their official website, contact details (email address, postal address, phone number), as well as, if necessary, other data that allows identifying such a person.

«DRS» website — means the official website of the Administrator located at https://drs.ua/.

Domain Name Registrar — means a business entity that, in accordance with the relevant Agreement with the Administrator, provides services necessary for the technical support of delegation and operation of domain names to general public (Registrants).

Domain Name Registrant — means an individual or legal entity that uses the Registrar’s services of ensuring delegation and operation of domain names.

Domain Name Registration (Delegation) — means a procedure for delegating a new domain name, which is carried out (at the request and for the benefit of the Registrant) by the Registrar, resulting in the Registrant’s entitlement to use the corresponding domain name for a pre-determined period.

Domain Name Renewal — means the extension of validity of registration (delegation) of a domain name for a new pre-determined period.

Business Contact — means a network identifier with the Registrar’s contact details, which is used for a domain name in cases where the Registrant cannot provide the necessary information or wants to preserve the confidentiality of his/her ownership of the domain name.

Application to the Administrator for Registration (Delegation) or Renewal of a Domain Name — means an appropriate request for registration (delegation) or renewal of a domain name that meets the technical requirements of the Administrator, sent from the Registrar to the automated registration system of the Administrator.

Regulation on Registering Domain Names in the Corresponding Domain — means a description of the procedures and rules for registering (delegating) domain names, published by the Administrator on the Internet and available to the public.

Regulation on Registering IDN Domain Names in the Corresponding Domain — means a description of the procedures and rules for registering (delegating) IDN domain names, i.e. those that contain Cyrillic characters, published by the Administrator on the Internet and available to the public.

Rightsholder — means an individual or legal entity that, according to the Ukrainian legislation, has the appropriate rights to use a mark for goods and services (trademark) or a well-known mark in Ukraine operating on the territory of Ukraine.

Licensee — means a person who has been granted the right to use a mark for goods and services (trademark) by the Rightsholder (Licensor) by virtue of a License Agreement (License) registered in accordance with the procedure established by law. Such a License Agreement must contain a clause on transfer of the right to use a registered mark for goods and services (trademark) in domain names, or there should be indicated that the right to register (delegate) a domain name is transferred under the License Agreement.

Domain Name Blocking — means making it impossible to use a domain name on the Internet. It is performed by the Registrar by using appropriate technical means.

IDN Domain Names (Internationalized Domain Names) — are the domain names containing non-Latin characters that use the PUNYCODE encoding to convert to Latin characters.

1. GENERAL PROVISIONS

1.1. This document is an official offer (public offer) of the business entity Service Online LLC (hereinafter referred to as the Administrator) and includes all the essential terms of the provision of services (Articles 633, 641 and Section 63 of the Civil Code of Ukraine (hereinafter referred to as the Civil Code of Ukraine).
1.2.1. According to paragraph 2 of Article 642 of the Civil Code of Ukraine, if the terms set out below are accepted and the requirements provided for in Clause 1.2.2 hereof are met, the legal entity or individual (Acceptor) that accepts this offer becomes the Registrar hereunder.
1.2.2. This Agreement can be concluded in one of the following ways:
a) by signing a supplementary agreement to the agreement that was concluded with the Registrar prior to the publication of this Public Offer Agreement;
b) by preliminary certification of the Acceptor by the Administrator and payment by the Acceptor of the amount of the first invoice issued by the Administrator using a current account details allowing to identify the Acceptor, namely, the identification number for an individual or the code in the Unified State Register of Enterprises and Organizations of Ukraine for a legal entity. The Registrar is solely responsible for the accuracy of the specified information.
1.3. By entering into the Agreement, the Registrar confirms that the Registrar has read and understood and agrees to its terms, and, if the Registrar is an individual entrepreneur, the Registrar gives permission for the Administrator to process his/her personal data in order to be able to fulfill the terms of this Agreement, perform mutual settlements, as well as receive invoices, certificates and other documents, including those signed using an electronic digital signature. Permission to process personal data is valid for the entire term of the Agreement, as well as for the next five years after expiration thereof. The destruction of personal data is the basis for termination of the Agreement and is performed on the basis of a written (paper) statement of the Registrar. In this case, the Agreement is terminated from the date specified in the Administrator’s response message. In addition, by entering into this Agreement, the Registrar confirms that the Registrar has been notified (without further notice) of the rights established by the law of Ukraine “On Personal Data Protection” and the purpose of data collection, as well as of the fact that the Registrar’s personal data are transferred to the legal entity Service Online LLC in order to perform this Agreement, carry out mutual settlements, as well as receive invoices, certificates and other documents. The Registrar also agrees that the Administrator has the right to grant access and transfer the Registrar’s personal data to third parties without giving any additional notification to the Registrar, without changing the purpose of personal data processing (for example, when registering a domain name). The Registrar knows and understands the scope of the Registrar’s rights as a personal data subject in accordance with the law of Ukraine “On Personal Data Protection”.
1.4. In each domain name (domain zone), the Rules and/or Regulations established by the respective domain Administrator shall apply, as to the text of the Agreement, the Parties have agreed to use the terms introduced and defined by the Rules of the .UA domain, the Regulation of the .UA domain, the Rules and/or Regulations of other domain names (that introduce the corresponding term);
1.5. The Domain names under this Agreement are registered using the registration system (hereinafter referred to as “DRS”), which is located at https://drs.ua (http://drs.ua). A list of domain names that can be registered and their estimated cost is provided on the “DRS” website. The “DRS” website is a public resource, which means that it is accessible to general public 24 hours a day, 7 days a week.
1.6. When registering domain names, the Parties shall comply with the terms defined by the relevant applicable Rules/Regulations of the relevant domain, as well as the Policies and Rules for out-of-court resolution of domain disputes;
1.7. The Parties agreed that the Rules/Regulations of the relevant domain names, and other documents published on the “DRS” website and the websites of the relevant administrators, that is, those that are publicly available to any Internet user 24 hours a day, 7 days a week, are not attached to the Agreement in hard copy;
1.8. The Registrar intends to provide services to third parties that are necessary for the technical support of delegation and operation of next-level domain names in the domain names listed on the “DRS” website.
1.9. The Registrar who entered into the Agreement by accepting the offer (the way specified in Clause 1.2.2. hereof), has the right to request at any time from the Administrator the text of the Agreement, as well as Work Completion Certificates, using electronic digital signature tools.
1.10. The Parties agreed to sign certificates and other documents related to the performance of the Agreement by hand or using electronic digital signature tools. Signing by hand or with electronic digital signature tools is performed by mutual agreement of the Parties.

2. SUBJECT MATTER OF THE AGREEMENT

2.1. The Administrator undertakes hereunder to provide the Registrar with the following administrative and technical services (hereinafter referred to as the Services):
2.1.1. services of administration, delegation and making changes to the relevant domain name registration databases;
2.1.2. services of administration, delegation, modification and technical support of the BIZ.UA, CO.UA and PP.UA domains.
The Registrar undertakes to accept and pay for these Services in accordance with the terms of this Agreement
2.2. When performing and/or interpreting the provisions of this Agreement, the Parties undertake to strictly follow the current legislation of Ukraine and the Rules/Regulations of the relevant domain names.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The Administrator undertakes hereunder to:
3.1.1. Provide the Registrar with complete, true and accurate information about the Administrator, in particular, contact information, timely notify the Registrar of all and any changes to this information in order to keep it complete, true and accurate throughout the entire term of this Agreement;
3.1.2. Impartially and honestly perform all necessary actions for domain administration and technical support, upholding the principles of equal interests of all members of the Ukrainian Internet community, and taking into account the interests of the global Internet community;
3.1.3. Delegate domain names and make changes to the corresponding domain names in a timely manner, in full compliance with the Rules/Regulations of such domain names;
3.1.4. During the entire term of this Agreement, have at the Administrator’s disposal and use to perform the Administrator’s obligations under the Agreement the hardware and software kit (hereinafter referred to as the Server) that meets the following minimum requirements:
3.1.4.1. At least three domain name servers with individual hardware, physically located in different buildings with independent power supply, and constantly (24 hours a day, 365 days a year) connected to the Internet via non-switched IP channels. The IP addresses of these servers must belong to different autonomous Internet systems;
3.1.4.2. An email server that is permanently connected to the Internet and maintains the email mailboxes of the domain administrator and technical administrators;
3.1.4.3. A web server that is permanently connected to the Internet and contains information about the Administrator and the Administrator’s services;
3.1.5. Have a Server that supports the EPP protocol (technical requirements according to the international RFC standard).
3.1.6. Store in full, for an unlimited period of time, all information and documents provided to the Administrator by the Registrar for the provision of services under this Agreement.
3.1.7. Provide the Registrar with the necessary consulting support on issues related to the delegation and operation of domain names;
3.1.8. Provide the Registrar with confidential information and relevant instructions necessary for authentication and authorization of the Registrar in the “DRS” system, as a person who has the right to make changes to the Registration Database of the Corresponding Domain Names. Such information is sent only in electronic form to the contact email address or through the administrative part of the “DRS” website;
3.1.9. Resume the Agreement after the Registrar has eliminated the reason of suspension of the Agreement.
3.1.10. Implement decisions of Domain Disputes Committees in accordance with the Uniform Domain Name Dispute Resolution Policy, .UA Domain Name Dispute Resolution Policy, as well as other Policies and Rules for out-of-court domain dispute resolution of the respective domains.
3.2. The Registrar undertakes hereunder to:
3.2.1. Provide the Administrator with complete, true and accurate information about the Registrar, in particular, contact information, timely notify the Administrator of all and any changes to this information in order to keep it complete, true and accurate throughout the entire term of this Agreement. The Registrar allows the Administrator to process all of the Registrar’s data (including personal data, if the Registrar is an individual entrepreneur under the legislation of Ukraine) in order to display such data for third parties in the Register of domain names and network addresses of the Ukrainian segment of the Internet.
3.2.2. During the entire term of this Agreement, have at the Registrar’s disposal and use to fulfill the Registrar’s duties to Registrants the hardware kits and the Servers that meet the following minimum requirements:
3.2.2.1. At least two domain name servers with individual hardware, physically located in different buildings with independent power supply, and constantly (24 hours a day, 365 days a year) connected to the Internet via non-switched IP channels. The IP addresses of these servers must belong to different autonomous Internet systems;
3.2.2.2. An email server that is permanently connected to the Internet and maintains the electronic mailboxes of the Registrar’s staff;
3.2.2.3. A web server that is permanently connected to the Internet and contains information about the Registrar.
3.2.3. Have at the Registrar’s disposal the software that supports the EPP protocol (technical requirements according to the international RFC standard).
3.2.4. Store all information and documents provided to the Registrar by the Registrants for the purpose of delegating domain names in full, within the time limits stipulated by the relevant agreements between the Registrar and the Registrants and the current legislation of Ukraine;
3.2.5. Explain to the Registrants that all information that they provide to the Registrar for the purpose of delegating domain names will be permanently stored in the Database. The current status of this information can be publicly available in real time through the WHOIS system or a similar service.
3.2.6. Ensure that agreements with Registrants contain the following essential provisions:
3.2.6.1. Official statement of the Registrant that the Registrant’s personal information provided to the Registrar for the purpose of delegating the domain name, in particular contact information, is complete, true and accurate.
3.2.6.2. The Registrant’s obligation to immediately notify the Registrar of any changes to the information mentioned in the Clause 3.2.6.1 in order to keep it complete, true and accurate during the entire period of domain name delegation.
3.2.6.3. Official statement of the Registrant that the Registrant is notified of and agrees with the composition and content of personal data that will be processed; the objectives and purpose of processing the personal data provided, as well as the legal grounds for processing; with the transfer of personal data to the Administrator as a personal data processor (operator) for the purpose of performing the agreement on registration and maintenance of the domain name; with the storage of personal data by the Registrar and Administrator during the term of the agreement on registration and maintenance of the domain name and/or from the moment the Registrar makes an entry about the contact in the Register until the contact is deleted from the Register; with the Administrator’s right to store personal data of the Registrant after removing the contact from the Register within the limitation period defined by law, and, if necessary, use it as evidence in order to protect the Administrator’s legitimate rights and interests, including in cases involving the Registrar and/or the Registrant; the Registrant is notified of the Registrant’s rights as a personal data subject provided for by the current legislation of Ukraine and/or the General Data Protection Regulations, the Registrant knows and agrees that such information in its current form can be publicly available in real time through WHOIS or similar service.
3.2.6.4. Procedure that, in the event of termination of the agreement between the Registrar and the Registrant, ensures transfer of the domain name delegated to the Registrant to be serviced by other registrars without cancelling the delegation of such domain name.
3.2.6.5. Consent to comply with the Uniform Domain Name Dispute Resolution Policy, .UA Domain Name Dispute Resolution Policy, Rules for .UA Domain Name Dispute Resolution Policy and World Intellectual Property Organization Supplemental Rules for .UA Domain Name Dispute Resolution Policy, as well as other Policies and Rules for out-of-court resolution of domain disputes of the respective domains;
3.2.6.6. Consent to the blocking, deletion or redelegation of a domain name in accordance with the procedure provided for in the .UA Domain Name Dispute Resolution Policy, as well as other Policies and Rules for out-of-court domain dispute resolution.
3.2.7. Pay for the Administrator’s services on time and in full, on the terms and in accordance with the procedure provided for in Section 4 of this Agreement.
3.2.8. Not transfer parameters of access to the Registrar’s personal account in the DRS system to third parties. If compromising of parameters and data for the DRS system access are detected, the Registrar must immediately inform the Administrator of such actions.
3.2.9. Provide Registrants with the possibility of registering a domain name at a business contact if the Registrant wishes to maintain the confidentiality of the Registrant’s contact data.
3.2.10. In case of termination of the Agreement or its early termination, ensure that the Registrant can be identified if the corresponding domain name was registered by the Registrar at a business contact.
3.2.11. Provide a response to the Administrator’s notification letters sent to the Registrar’s email address within a period not exceeding three (3) business days.
3.2.12. During the term of this Agreement, the Registrar must comply with the Uniform Domain Name Dispute Resolution Policy, .UA Domain Name Dispute Resolution Policy, Rules for .UA Domain Name Dispute Resolution Policy, World Intellectual Property Organization Supplemental Rules for .UA Domain Name Dispute Resolution Policy, as well as other Policies and Rules for out-of-court resolution of domain disputes, namely:
3.2.12.1. Provide the requested information, including confirmation that the disputed domain name was registered by this Registrar, that the domain name is registered by the person or organization indicated as the defendant in the complaint, provide contact information of the registrant of the disputed domain name and, if necessary, agreements on registration and maintenance of domain names and other related documents;
3.2.12.2. Not change the registrant or registrar of the disputed domain name during the consideration of the complaint.
3.2.13. Take all possible measures to notify the Registrant of the expiration of the domain registration period and block the domain name if the domain was not renewed by the Registrant for the next period. Take the necessary measures to notify the Registrant of domain name registration procedures.
3.2.14. Provide Registrants and third parties with explanations about the specifics of the operation of RDS public services (Registration Directory Service), WHOIS and others that are an integral part of the registry.
3.2.15. Publish personal data of the Registrant, administrative, financial and technical contacts of the domain name in the WHOIS service only at the request and having the consent of the relevant contact person to distribute them, expressed in writing or in a form that has a meaning of a granted consent.
3.3. The Administrator has the right hereunder to:
3.3.1. During the entire term of this Agreement, check at any time the Registrar’s compliance with the terms set out in Clause 3.2 hereof, including performing random technical checks of the operation of the domain names maintained by the Registrar;
3.3.2. In case of non-fulfillment or improper fulfillment by the Registrar of the obligations stipulated in Clause 3.2 hereof, demand from the Registrar in writing (by sending an email to the Registrar’s contact email address) to eliminate such violations within the time period determined by the Administrator.
3.3.3. Refuse to provide Services if the requirements of Clause 3.2.2.1 hereof are not met.
3.3.4. Refuse to register a domain name if the Registrar’s domain name servers are not configured to support the domain name that is being registered.
3.3.5. Refuse to provide Services if the Registrar has debts to the Administrator, both financial and documentary, except for the cases provided for in this Agreement and its Annexes.
3.3.6. Refuse to provide Services if the Rules/Regulations of the relevant domain are violated.
3.3.7. Perform the procedure for deleting domain names that have been subject to a relevant court decision that entered into legal force. Such deletion of domain names is carried out by blocking them for a period of 30 days with subsequent deletion.
3.3.8. Perform the procedure for blocking domain names with subsequent deletion if the Registrant provides false information about the Registrant’s identity or if such registration leads to obvious violations of the current legislation of Ukraine.
3.3.9. In case of termination of this Agreement or its early termination, transfer the domain names that were maintained by the Registrar in accordance with this Agreement to another registrar for the smooth operation of domain names.
3.3.10. Unilaterally make changes and/or amendments to the Agreement and Annexes/Supplementary Agreements thereto, with giving simultaneous notification to the Registrar of such changes no later than 30 calendar days before the date when such changes and/or amendments should take effect and with mandatory publication of such changes on the Administrator’s website.
3.3.11. If the Registrar fails to comply with the terms stipulated in Clause 3.2.11. hereof, the Administrator has the right to transfer the domain names that were maintained by the Registrar in accordance with the terms of this Agreement to another registrar for the smooth operation of domain names, and at the same time start the procedure of early termination of the Agreement with the Registrar.
3.3.12. Conduct advertising campaigns related to the provision of services under this Agreement.
3.3.13. In the case of receipt requests by the Administrator by third parties, the Registrar is obligated to provide a written response within two (2) business days from the date of receiving the request from the Administrator. If the Registrar does not provide an answer, the Administrator has the right to block the domain.

4. MUTUAL SETTLEMENTS UNDER THE AGREEMENT

4.1. Payment for the Administrator’s Services is made by the Registrar by prepayment (advance payment) by non-cash transfer of funds to the Administrator’s current account or using the “DRS” website, i.e. other available forms of payment that are published on the “DRS” website.
4.2. The Registrar, who at the time of conclusion of this Agreement does not have the information specified in Clause 3.1.8 hereof, or if the Agreement has been suspended, pays the Administrator the cost of connection to the system and the advance payment provided for in the tariff plan published in the corresponding “Tariffs” section on the “DRS” website as a payment for the provision of Services provided for in Clause 3.1.7 and Clause 3.1.8 hereof.
4.3. The Registrar pays for the Administrator’s services provided for in Clause 3.1.3 of this Agreement the amount that corresponds to the cost of the relevant domain name and separately for each operation, based on the following calculation:
4.3.1. Domain name delegation — Cost Price + Commission Fee;
4.3.2. Extension of the domain name validity period for one year — Cost Price + Commission Fee;
4.3.3. Transfer of a domain name from another registrar — Cost Price + Commission Fee;
4.3.4. Transfer of a domain name to another registrar — Cost Price + Commission Fee;
4.3.5. Changing information in the domain name — Cost Price + Commission Fee;
4.3.6. Domain name restoration, if possible — Cost Price + Commission Fee;
4.3.7. Cancellation of domain name delegation, if possible — Cost Price + Commission Fee.
4.4. Cost price is the corresponding cost of a domain name in accordance with the Agreements concluded between the Administrator and the respective Registries (Administrators) of domain names, as well as the corresponding cost of BIZ.UA, CO.UA domains, which is listed on the “DRS” website. If the cost price of the operation is UAH 0.00 (zero UAH 00 kopecks), the Commission Fee is not deducted.
4.5. Commission Fee is the Administrator’s remuneration for rendering the services provided for in Clause 3.1.3 hereof. The amount of Commission Fee is determined in accordance with the tariff plan published in the corresponding “Tariffs” section on the “DRS” website.
4.6. The total cost of services, consisting of the Cost Price and Commission Fee, is published in the personal account on the “DRS” website and is indicated in the Services Acceptance Certificates that are provided to the Registrar every month.
4.7. The Administrator may grant a credit limit to the Registrar if such option is available and the Parties agree thereto. The procedure and conditions for granting the credit limit are determined in accordance with the tariff plan and are published in the corresponding “Tariffs” section on the “DRS” website.
4.8. On a monthly basis, on the first day of the current month, the Administrator draws up a Work (Services) Acceptance Certificate (hereinafter referred to as the Certificate), which contains the cost and scope of services actually provided by the Administrator to the Registrar for the previous calendar month. If the Registrar does not receive the Certificate (and the invoice, if there is a debt), the Registrar undertakes to pay for the services provided within 10 calendar days from the date of publication of the invoice on the “DRS” website, that can be accessed using an individual username and password (the same procedure for the access to the corresponding Certificate), which is sent to the contact email address of the Registrar in accordance with Clause 3.1.8, and the Certificate is to be signed and sent to the Administrator.
4.9. Payment of the invoice, or making an advance payment, confirms the receipt in full of the services that were provided before the invoice was paid or the advance payment was made and means they were accepted as properly performed. It is not possible to get a refund for such services.
4.10. If the Registrar has reasonable objections as to the scope and/or cost of the services provided to the Registrar, the Registrar is obliged to provide the Administrator with a written reasoned refusal to sign the same within five (5) business days from the date of receipt of the Certificate. In the absence of such objections, the Registrar is obliged to sign the Certificate within the same period and return one copy of such Certificate to the Administrator. If the Administrator does not receive the Certificate signed by the Registrar or a reasoned refusal to sign the same within fifteen (15) business days from the date of its sending, the Certificate is considered signed, the services are considered accepted without any complaints, and are subject to payment on the basis of a unilateral Certificate of the Administrator, which must be sent to the Registrar by mail, with an acknowledgement of receipt.
4.11. If the Registrar does not sign the Certificate sent to the Registrar for signature within fifteen (15) business days from the date of sending the same by the Administrator, the Administrator is entitled to suspend the Agreement without sending any notifications to the Registrar. In this case, the Administrator is not responsible for possible damages to the Registrar caused by such actions. The provision of Services under this Agreement is resumed in accordance with Clause 3.1.9.
4.12. If the actual cost of services for the reporting month indicated in the Certificate is less than the amount of the advance payment for the corresponding month, the excess amount of the advance payment is credited as the advance payment for the current month.
4.13. Subject to the provisions of Clause 3.2.7 hereof, in case of termination of this Agreement or its early termination, the recalculation of the amounts paid by the Registrar in accordance with Clause 4.3 hereof for the services actually provided by the Administrator, is not carried out, and such amounts are not subject to refund.
4.14. When the Administrator conducts advertising campaigns, Registrars will be sent a “promo code” to their contact email addresses. In order to participate in the advertising campaign, the Registrar must provide the promo code in accordance with the additional instructions.

5. LIABILITY OF THE PARTIES

5.1. For non-performance and/or improper performance of the obligations under this Agreement, the Parties are liable in accordance with the current legislation of Ukraine and this Agreement.
5.2. In case of non-performance and/or improper performance of the obligations under this Agreement, the faulty Party is obliged to compensate the other Party for all direct damages caused by such non-performance and/or improper performance.
5.3. Under any circumstances, the Parties are not responsible for the actions of Registrants related to the delegation of a domain name if such actions violate the rights and legitimate interests of third parties.
5.4. Under any circumstances, neither the Administrator, nor the Administrator of the corresponding domain, nor the Operator of the register of the corresponding domain are responsible for possible violations of the rights and legitimate interests of third parties due to the delegation of the domain name and/or due to the placement of information about the Registrar, Registrants and domain names in the Registration Database of the Corresponding Domain.
5.5. If the Registrar violates the terms of settlement under the Agreement, the Registrar pays the Administrator a penalty in the amount of double NBU discount rate that was in effect during the period for which the penalty is paid, of the amount owed for each day of delay.
5.6. According to the requirements of the Article 232 of the Commercial Code of Ukraine, the Parties agree that the accrual of penalties provided for in the Clause 5.5 hereof is not limited to a 6-month period, but is accrued and paid for the entire period of delay in fulfilling the obligation.
5.7. Payment of penalties does not release the Parties from fulfilling their obligations under the Agreement.
5.8. In case of non-compliance with the terms which are specified in clause 3.3.13 of the Agreement, Administrator is not responsible for any possible losses caused by blocking.

6. PERSONAL DATA PROTECTION

6.1. The Registrar uses personal data of individuals within the meaning of the law of Ukraine “On Personal Data Protection” (including transfers for registration of domain names) after obtaining the appropriate consent of the Registrant in accordance with the legislation of Ukraine on the following terms:
6.1.1. The Purpose (objectives) of personal data processing by the Administrator is to fulfill the Agreements concluded between Registrars and Registrants for the benefit of the latter ones for the purpose of registering and maintaining domain names in domains.
6.1.2. The method (nature) of personal data processing by the Administrator is storage, modification, use, distribution, publication, ordering, pseudonymization, deletion of personal data.
6.1.3. Categories of entities whose personal data are processed by the Administrator: domain name registrants.
6.1.4. The amount (type) of personal data to be processed: last name, first name, patronymic, postal address, phone number, email address.
6.1.5. The minimum period for personal data processing by the Administrator is the period of domain maintenance, as well as after the domain is deleted, within the limitation period defined by the law to use it as evidence in the appropriate authorities in case of disputes.
6.2. If the Registrar has transferred personal data to the Administrator within the meaning of the law of Ukraine “On Personal Data Protection”, the Administrator has the right to act as the processor of the personal data database, which is part of the register of domain names and network addresses of the Ukrainian segment of the Internet, as provided for by the law. Such data, in accordance with the requirements of the legislation regulating legal relations in the field of protection of personal data, are protected in the register of domain names and network addresses of the Ukrainian segment of the Internet. The Administrator has the right to involve co-administrators to manage this data under the agreements and/or as provided for by the law. All legal relations in the field of processing and protection of personal data are regulated by the relevant legislation.
6.3. The Registrar is responsible for notifying registrants at the time of receipt of personal data from them of the composition, purpose, term of processing, as well as of their transfer to the Administrator as the processor of personal data. The Registrar is responsible for obtaining consent from the Registrant to process personal data and distribute it by publishing the same in the WHOIS service.

7. FORCE MAJEURE

7.1. The Parties agree that in the event of force majeure (circumstances of insuperable force that do not depend on the will of the Parties), including the actions of state authorities of Ukraine that make it impossible for the Parties to fulfill their obligations under this Agreement, fires, floods, other natural disasters, the Parties are released from fulfilling their obligations under this Agreement for the duration of these circumstances. If the specified circumstances last for more than thirty (30) calendar days, each of the Parties has the right to terminate this Agreement. In such circumstances, neither Party is liable for such termination, provided that it notifies the other Party no later than fifteen (15) calendar days before the termination. Sufficient proof of force majeure is a document issued by the competent authorities. The occurrence of these circumstances is not a reason for the Registrar to refuse to reimburse the Administrator’s expenses related to the latter’s performance of the Administrator`s obligations under this Agreement before the force majeure occurs.

8. TERM AND TERMINATION

8.1. This Agreement shall come into force from the moment of fulfillment of the conditions stipulated in Clause 1.2.2 hereof, and is valid for an undefined period until its written termination in accordance with Clauses 8.2, 8.3, and in terms of settlements under the Agreement — until their full completion.
8.2. This Agreement may be subject to early termination by consent of the Parties, with written notification of the other Party at least thirty (30) calendar days before the planned date of termination of the Agreement, as well as in court at the request of one of the Parties in case of non-fulfillment and/or improper fulfillment by the other Party of its obligations hereunder.
8.3. The Administrator has the right to terminate this Agreement unilaterally in the following cases:
8.3.1. Systematic non-fulfillment and/or improper fulfillment by the Registrar of the obligations stipulated in Clause 3.2 hereof. The Parties agree that systematic non-performance and/or improper performance of the obligations under this Agreement is two or more cases of non-performance and/or improper performance by the Registrar of the relevant obligations;
8.3.2. Failure of the Registrar to comply with the Administrator’s requirements sent to the Registrar in accordance with Clause 3.3.2 hereof within the established time frame;
8.3.3. Systematic failure of the Registrar to fulfill the Registrar’s obligations to the Registrants.
8.3.4. In the event of force majeure, in accordance with Section 7 of this Agreement.
8.3.5. In the case provided for in Clause 3.3.11. hereof.
8.4. Notification of unilateral termination of this Agreement on the grounds specified in its terms is made by sending official letters by the Administrator to the registered and/or email address of the Registrar for official notifications, at least thirty (30) calendar days before such termination.
8.5. The Agreement is considered terminated in thirty (30) calendar days after sending the relevant official notification.
8.6. Termination of the Agreement does not release the Parties from liability for violation of the obligations to third parties and to each other.

9. DISPUTE RESOLUTION

9.1. The Parties shall use their efforts to settle all disagreements arising in connection with this Agreement through negotiations.
9.2. If the Parties are unable to resolve disputes or settle disagreements arising in connection with this Agreement through negotiations, such disputes or disagreements must be considered in court in accordance with the current legislation.

10. FINAL PROVISIONS

10.1. The Administrator is a general income tax payer and a Value-Added Tax payer in accordance with the norms of the Tax Code of Ukraine.
10.2. Any changes and/or amendments to this Agreement, including changes concerning the cost of services provision under this Agreement, will only take effect if the Administrator notifies the Registrar of such changes and/or amendments in advance by sending a letter to the Registrar’s email address no later than 30 calendar days before the date when such changes and/or amendments should take effect, and such changes are published on the Administrator’s website. If the Registrar has not received any objections within 10 calendar days from the date of receipt of the email from the Administrator to the Registrar’s email address, the changes are considered accepted by the Registrar and become an integral part of the Agreement.
10.3. All previous versions of this Agreement and/or Annexes/Supplementary Agreements hereto, as well as arrangements and correspondence, become invalid after the entry into force of this Agreement in accordance with the terms of Clause 8.1.

11. ADMINISTRATOR’S DETAILS:

Service Online LLC
Postal address: 49000 Dnipro, mailbox 177
Registered address: 49102 Dnipro, Danylo Halytskyi street, bld. 7, apt. 91
Tel./Fax: +380 44 5933225, +380 56 7872300
Fax: +380 44 5937569
Official website: https://drs.ua
Contact e-mail: support@drs.ua
Up-to-date contact details are available 24/7 at: https://drs.ua
Code in the Unified State Register of Enterprises and Organizations of Ukraine: 33383990
C/a UA283052990000026009050280023
Taxpayer Identification Number: 333839904677
VAT Payer Certificate No. 04609375
Accountant: (044) 5933225, (056) 7872300, billing@drs.ua
Director: S. V. Bulakh