Please, note that this website uses cookies. If you agree, press “I agree” and continue viewing. For more information about cookies and their disabling, press here.

Terms of Service

1. AGREEMENT OBJECT

Under this agreement, the Service Provider undertakes to provide the Customer / Service Recipient with Internet Hosting, Domain Name Registration, e-mail and other related services (hereinafter referred to as the “Services”) and the Customer undertakes to use the provided Services. under the conditions laid down in the contract.

2. OBLIGATIONS OF THE PARTIES

2.1. Obligations of the Service Provider: 2.1.1. upon receipt of the Customer's written order and payment for the services, to register / re-register the Internet name on behalf of the Service Recipient. If the Service Recipient already has a name registered in his name, this obligation of the Service Provider does not apply. Note: Upon registration of the written order and payment for the services, the domain registration is initiated, but OWEXX does not guarantee that the registration will be successful and is not liable for any losses of the Service Recipient if the domain registration fails.
2.1.2. create and maintain a virtual server that meets the specifications and requirements of the Service Recipient. Virtual server specifications are listed on the owexxhosting.com website.
2.1.3. to act responsibly with the confidential information and data entrusted to the client (in accordance with the Law on the Legal Protection of Personal Data of the Republic of Lithuania).
2.2. The Service Provider makes no warranties, including, but not limited to, warranties that all services will be provided without interruption, without interruption, and that the information created, stored, reproduced, transmitted will be accurate, current, and complete.
2.3. The service provider may suspend or terminate the services for the purposes of repair, maintenance and improvement.
2.4. Obligations of the service recipient:
2.4.1. to provide the Service Provider with complete and correct information necessary for the proper performance of the Service Provider's contractual obligations and not in conflict with the requirements of international or Lithuanian legal norms.
2.42. to inform the Service Provider in writing about changes in the information provided for in Clause 2.2.1 not later than within 5 days. If the Service Provider suffers losses due to the Service Recipient failing to inform about the change of information in time or informing incorrectly, the Service Recipient must indemnify all losses incurred by the Service Provider, and the Service Provider has the right to revoke rights to this name.
2.4.3. to pay the Service Provider for the work performed in accordance with the procedure established in this Agreement or its annexes.
2.4.4. inform the Service Provider about the termination of the service or any other actions to change the service at least 85 days before the end of the service provision deadline or renewal. In the event that the Service Provider incurs losses due to the Service Recipient's failure to perform timely, improper or informative actions, or if they are performed late, the Service Recipient undertakes to indemnify the Service Provider for all losses incurred.
2.4.5. upon receiving notification of the invoice for the provided services, the Service Recipient, if he has already made the payment, must inform the Service Provider. Failure to notify by telephone or e-mail in a timely manner (depending on the nature of the service provision at the relevant minimum deadlines by which the update can be made, but no later than 3 business days after receipt of the invoice), the Service direct and indirect costs incurred.
2.4.6. after making a payment for the provided services or ordering new services, inform the Service Provider by e-mail or telephone. In the absence of notification of the payment and in the event of problems with the services provided (non-timely renewal of services, disruption of e-mail and e-mail activities, deletion and registration of third parties), the Recipient assumes full responsibility and undertakes to reimburse the Service Provider for all costs. direct and indirect costs related to the issue.

3. PRICE OF SERVICES AND FEES UNDER THIS AGREEMENT

3.1. The subscription or other fees applicable to each service provided by the Service Provider are indicated on the owexxhosting.com website.
3.2. If any of the services provided by the Service Provider are subject to tariffs set by the state institutions of the Republic of Lithuania, the amount of these tariffs directly affects the prices of services set by the Service Provider. The Service Provider shall state this fact on the website owexxhosting.com and indicate the relevant tariffs.
3.3. In case the Contractor is unable to perform the ordered services for any reason, the funds are returned to the Customer with a partial (20%) deduction. In cases when the Customer has made payments via PAY PAL, Google Checkout, MoneyBookers, hipay, WebMoney or PAYSERA.LT systems, an additional 7 percent is deducted from the amount to be returned (a total of 27% is deducted).
3.4. The Service Provider reserves the right to change the subscription or other fees provided for in this agreement or on the website owexxhosting.com. The Service Provider must notify the Service Recipient in writing about changes in rates 30 (thirty) days in advance.
3.5. The fee for domain renewal and virtual server support is non-refundable if the domain is upgraded or services are canceled before the end of the paid period.
3.6. When ordering domains with valid special prices for the first registration, special conditions apply. In order to raise them, additional fees are applied - the difference between the share price and the previous one (full price without the share). In case of ordering a domain for 2 and more years, but not before the expiration of this term, the customer loses the remaining validity period of the domain.

4. RESPONSIBILITY OF THE PARTIES

4.1. Liability of the service provider:
4.1.1. The Service Provider, having terminated the Agreement in a manner other than provided for in this Agreement, must pay to the Service Recipient a penalty equal to the price of the Services provided for in this Agreement.
4.1.2. The Service Provider shall be liable only for direct damages resulting from gross negligence or intent on the part of the Service Provider or its partners. If the Service Provider does not register or renew the domain, does not renew the domain (for whatever reason), this is not considered intentional or gross negligence. In such a situation, the Service Provider undertakes to use its knowledge and experience to make every effort to recover the domain. In case of loss of the domain (non-registration, non-renewal of the registration) for any reason, Owexx is not obliged to redeem the domain, to cover the costs related to the recovery of the domain, such as legal assistance or other procedures.
4.1.3 The Service Provider shall not be liable for any damage caused to the Service Recipient if it is caused by the improper technology, product, service or any other condition of a third party used by the Service Provider, directly or indirectly related to such third party.
4.2. Responsibility of the service recipient:
4.2.1. If the Service Recipient is late in paying for the services provided, he must pay the Service Provider default interest at the rate of 0.02% for each day of delay in payment.
4.2.2. The Service Recipient, having terminated the Agreement in a manner other than that provided for in this Agreement, must pay to the Service Provider penalties, which are calculated accordingly in accordance with the Service Provider's previous order.
4.2.3. If the Service Recipient violates the Service Provider's legal requirement to pay for the virtual server and / or Internet name support services in a timely manner and does not respond to the Service Provider's written request to fulfill its obligations for more than 10 (ten) days, the Service Provider has the right to take ownership of the Internet name. .
4.2.4. The Service Recipient undertakes to fully cover the costs of the Service Provider related to the recovery of the Service Recipient's indebtedness to the Service Provider.
4.2.5 The Recipient agrees that in the absence of an extension of the Prepaid Services, all liability for non-renewed Services or any loss incurred shall be incumbent on the Recipient. If additional charges arise for the restoration of services, he agrees to pay them.

5. FORCE MAJEURE

Neither party shall be liable for non-performance of obligations under this Agreement if such non-performance was caused by unforeseen and unavoidable circumstances (such as wars, strikes, disasters, natural disasters in the territory of the Republic of Lithuania or outside it) that prevent or impede proper operation. fulfillment of contractual obligations.

6. VALIDITY OF THE AGREEMENT AND GROUNDS FOR ITS TERMINATION

6.1. The term of its provision for each service provided for in this Agreement shall be determined at the time of ordering for the provision of the service.
6.2.1. The possibility to use the electronic channels provided by the services is valid for the term specified in the order. The Customer may, at its discretion, extend or not extend the validity of the Services (by informing the Service Provider in advance in writing or by telephone).
6.2.2. This Agreement shall enter into force on the day of its conclusion and shall be valid until the end of the provision of the Services (in the case of the creation of websites, the ordered services are automatically extended until the Customer's cancellation of services). Each party has the right to terminate it by notifying the other party in writing or electronically 30 (thirty) calendar days in advance. Upon termination of this Agreement, the fee previously paid by the Customer for the Services shall not be refunded.
6.3. The Service Provider has the right to suspend or terminate the provision of any services provided for in this Agreement or its Annexes to the Service Recipient if the Service Recipient fails to perform or improperly performs its contractual obligations. If the Service Provider has taken at least one of these actions, it must inform the Service Recipient in writing within 3 working days about the actions taken and indicate the term within which the Service Recipient must eliminate the reasons that caused the Service Provider's actions.
6.4. For the purposes of this Agreement, "default or improper performance" means:
6.4.1. one of the parties to the contract goes bankrupt, becomes insolvent, is liquidated or acknowledges in writing its inability to perform its contractual obligations.
6.4.2. The Service Recipient arbitrarily adjusts the provided services or uses the Service Provider's data transmission network for purposes that contradict the laws of the Republic of Lithuania or the norms of international law.
6.4.3. The recipient of the service maliciously impairs the stable operation of the server.
6.4.4. one of the parties to the contract fails to remedy the deficiencies in the performance of the contract identified by the other party within the time limit for rectification provided for in the written notice.
6.4.5 The Recipient of the Service hosts prohibited content on its services or imitates other websites ("Phishing") in order to extract users' personal information.
6.4.6 Sending advertising messages ("Spam").
6.4.7 The ordered services are provided by providing false information and without confirming its legality, by presenting an identity document or other identifying official document.

7. OTHER CONDITIONS OF THE AGREEMENT

7.1. All disputes arising out of or in connection with this Agreement or its Annexes shall be settled by negotiation. If the dispute cannot be resolved through negotiations, it shall be resolved in the courts located in Šiauliai in accordance with the laws of the Republic of Lithuania in force.
7.2. Obligations under this agreement may not be transferred to a third party without the prior written consent of the creditor party. In the absence of such consent, any attempt by the debtor party to transfer its obligations to a third party is void.
7.3. All amendments and additions to this agreement are an integral part of this agreement.
7.4. The Customer may apply to the Service Provider for ordering and changing other services, including the terms of the contract, using electronic channels on the owexxhosting.com website.
7.5. If the details of any of the parties to the contract change, this party undertakes to notify the changes in writing within 5 working days.
7.6 The Parties understand and agree that they have the right to send VAT invoices by e-mail. Article 13 of the Law on Accounting of the Republic of Lithuania. 8, which stipulates that the signature on a VAT invoice is not mandatory, which gives the Parties the right to print and enter invoices received in electronic format.
7.7. The Service Provider has the right to issue pre-invoices to the Service Recipient, which are treated by the parties as VAT invoices, including, but not limited to, payment terms, etc.
7.7 If the Customer fails to comply with the domain registration conditions and / or fails to submit the required documents for domain registration (as a result of which domain registration is not possible), a 20% fee will be deducted from the paid amount.
7.8 Payments for domain registration, VDS, DS and other types of servers, template sites, SSL certificates and other additional services are non-refundable.