TuchaMetal terms of Service Agreement

The Agreement on the terms of the provision of services for the provision of temporary paid use of Tucha infrastructure (TuchaMetal)

Come into force from 09.11.2021

1. The Agreement on the terms of the provision of services for the provision of temporary paid use of Tucha infrastructure (TuchaMetal), defines the basis for the provision of Tucha infrastructure services (hereinafter referred to as the Services).

2. The Agreement is an integral part of the Public Agreement (offer) for the provision of services for the provision of Tucha infrastructure for fixed term paid use (hereinafter referred to as the Agreement) and specifies the terms of the Service provision, which supplements the agreement regarding the provision of this Service. The Parties shall be guided by the Agreement as a whole and apply the relevant terms of the Agreement, which are specified in this Agreement.

3. Scope of the Services

3.1. The Contractor reserves the right to modify the Services and make improvements if this does not affect any of the main contractual obligations. The Contractor has a special right to change the Services if such modifications are made in accordance with the standard industry practice or technological progress, or if it is obliged to make such changes as a result of changes to the legislation or the relevant jurisdiction. The Customer's interests will always be properly taken into account.

3.2. If the Customer is provided with fixed IP addresses, the Contractor reserves the right to change the IP addresses assigned to the Customer, if this becomes necessary for technical or legal reasons.

3.3. The Customer recognizes that the IP addresses will be registered in accounts in regional internet registries (these can be RIPE NCC, ARIN, AFRINIC, LACNIC, and APNIC). 

3.4. The Customer does not acquire ownership of a specific server.

4. Provision of the Service

4.1. The Service is provided from the moment of acceptance by the Contractor.

4.2. The server configuration period is: within 24 hours. These deadlines do not take into account weekends and public holidays.

4.2.1. If the Contractor is unable to provide the server within a certain period, the Customer must provide it with an appropriate grace period (agreed on a case-by-case basis, depending on circumstances) and will have the right to terminate the agreement only if the Contractor does not provide the server during this period.

4.2.2. The Contractor provides technical support as defined in the Service Level Agreement. The Contractor is not obliged to provide the Customer with any additional technical support services for free. 

5. Cost of the Services

5.1. The Contractor strives to provide servers with up-to-date configurations. Given the current technology and constant updates, it is not possible to form clear tariffs for this Service as we do for our other services.

5.2. The server configuration and cost are determined on the ordering date.

5.3. The cost of the services depends on the server configuration selected from the available ones (components: central processor; RAM; disk space; internet access channel; network type; additional components; etc.).

5.4. The cost of the Services may include the Cloud storage (Tucha virtual infrastructure service (TuchaBackup)), depending on the selected server configuration.

5.5. For selecting available server configuration with cost determination, follow the TuchaMetal link.

5.6. The cost of the Services is the usual price for this type of service.

5.7. The Agreement price is determined in Hryvnia by the total amount of monthly payments for the Services for the period of use of the Services by the Customer.

5.8. The Parties agree that the price of services is paid in Hryvnia and is determined by the official exchange rate in Euros on the 01st day of each month preceding the new month (period), to the official Hryvnia-to-Euro exchange rate set by the National Bank of Ukraine on the specified date. The Parties agree that such adjustment of the price of the Services is not a unilateral change in the price of the Services by the Contractor.

5.9. When ordering a suitable server, we recommend contacting the Solution selection service for advice, which will help find the right solution.

5.10. Cost of technical support:

* Provided on a separate request of the Customer and subject to the conditions specified in the Service Level Agreement (warranty level of technical support for the Tucha infrastructure).

** The cost of the extended level of technical support (server administration) is determined separately for each of the administered servers.

5.11. Cost of additional services

* The system administration services mean executing the Customer's requests to make changes to the system software (hereinafter referred to as the Software) (operating system, system drivers, system implementations, system libraries, system services, language interpreters, database management system) deployed on the server.

The Contractor does not interfere with the code of the software hosted or provided by the Customer for hosting on the servers, does not analyze the code of such software for errors, and does not bear any responsibility for any consequences of the use and/or incorrect operation of such software.

When fixing incidents and/or making changes to the configuration of the system software (operating system, system drivers, system implementations, system libraries, system services, language interpreters, database management system) deployed on the servers, the Contractor is not responsible for incorrect operation of such software if the software does not work correctly due to the fault of the manufacturer of such software.

** Payment for the cost of services is made once for each server for which the service is provided. If it is necessary to re-provide the service due to making changes to the Customer's server (changing the configuration, software settings, etc.), the cost of services is paid again.

6. Payment procedure

6.1. Initial payment is made by the Customer within 3 (three) business days before the date when the server is completed by the Contractor.

6.2. The Customer pays the monthly cost of the Services with advance payments until the 15th day of the month preceding the new month (period) based on the issued invoice.

6.3. The monthly payment for the Services is made by the Customer at least 7 (seven) business days before the start of each new month (period).

6.4. If the Customer does not make a payment within a certain period, the Contractor disables the server and deletes all the Customer's data without saving it as of the 1st (first) day of the new month (period).

6.5. The moment of payment for the Services is considered the moment when funds are credited to the Contractor's current account.

6.6. The Customer has the right to additionally, in excess of the monthly payment, pay for the Contractor's services in advance for the period agreed by the Parties. The basis for making additional advance payments by the Customer is the invoice provided by the Contractor at the request of the Customer.

7. Term of the Agreement

7.1. The Agreement is valid for 1 (one) month from the date of the server configuration. The Agreement is considered automatically prolonged for each subsequent month (period), provided that payment is made within the period specified in the Agreement.

7.2. The agreement may be terminated prematurely by mutual consent of the Parties.

8. Final provisions

8.1. Ordering the Services is a full and unconditional acceptance of the terms of the Agreement specified in this Agreement. All terms of the Agreement that are not specified in this Agreement are valid and binding on the Parties.