Agreement
on provision of internet services

  1. Parties
    1. You, (here and hereinafter in text referred to as the CUSTOMER), as the first party and «NANO IT» LTD (here and hereinafter in text referred to as Nano) as the second party, both jointly and each individually hereinafter shall be referred to as the parties, without fraud, coercion or deceit, based on the existing legislation of the Republic of Latvia, concluded this agreement on the following:
  2. Subject of the Agreement
    1. NANO provides to the CUSTOMER the services, specified in this Agreement (hereinafter in text – the Services), and the CUSTOMER undertakes to pay for these Services in accordance with the tariff plan, selected by the CUSTOMER, and terms of this Agreement. Volume, technical parameters, tariff plans and payment procedure of the NANO Services are stated in the Annex No.1 to this Agreement (which can be found in the website: http://portal.nano.lv/lv/hosting and http://portal.nano.lv/lv/domains)
  3. Payment Terms
    1. A payment for the Services shall be made before reception of the Services in accordance with the selected payment procedure, based on a pro-forma invoice, issued by NANO, within 14 (fourteen) days from the invoice issue date. VAT shall be included in the invoice price. After the payment is received the invoice is being sent. All the invoices are being generated electronically and requires no signature.
    2. If the CUSTOMER fails to pay in accordance with the conditions of this Agreement, then NANO shall have the right to authorize third parties to collect from the CUSTOMER debt obligations and other side actions against the CUSTOMER, which arise from the conditions of this Agreement. The CUSTOMER undertakes to pay all expenses, which consist of payment made to the third party for collection of the debt obligations from the CUSTOMER.
    3. For the service payment delay NANO may request the CUSTOMER to pay a penalty in the amount of 0.5% from due amount for each delayed day. In the event of the existence of debt obligations a current payment shall be counted after coverage of penalty and previous unpaid payments only.
    4. If the Agreement is terminated before the end of the period, for which the CUSTOMER has paid in advance, the paid amount shall not be returned to the CUSTOMER for actually unused services during paid period.
  4. Terms for Use of Services
    1. The CUSTOMER shall be fully liable for any activity, which he/she performs, using the Services;
    2. The CUSTOMER shall undertake not to use the Services for any illegal purposes;
    3. The CUSTOMER shall undertake not to try to access foreign systems or files without a permit of their owners, even if they are not duly protected;
    4. The CUSTOMER shall undertake do not send chain letters and other advertising materials for addressee, who haven’t asked for them;
    5. The CUSTOMER shall undertake not to use the Services for distribution of computer viruses and similar materials;
    6. The CUSTOMER shall undertake not to use the Services, violating the third party’s rights (without limitation, including, the rights and confidentiality of the third party’s intellectual property).
    7. The CUSTOMER shall not be entitled to:
      1. To deploy any information prohibited according to legislation of the Republic of Latvia.
      2. To deploy BitTorrent trackers, in which there are links or torrents, by which can be obtained materials violating the copyright.
      3. Try to access the information of other system users.
      4. To interfere the operation of NANO servers or networks accidentally or intentionally.
    8. The use of server resources:
      1. Maximum processor load - 10%
      2. Maximum time for PHP script execution - 2 minutes
      3. Maximum number of simultaneous processes for one user - 20
      4. Maximum volume of memory for one process - 200Mb
      5. Maximum number of emails sent per one hour for one domain - 200
      6. Maximum number of recipients in one letter - 20
    9. In the event of the CUSTOMER’s orders a domain registration service in .lv area, then the CUSTOMER’s obligation is to get familiarized with registration terms in .lv area, in the following website: http://www.nic.lv/resource/show/15.
  5. CUSTOMER’s Obligations
    1. The CUSTOMER shall keep the password in a secret and he/she shall be completely responsible for activities, which are performed, using the password. Other users of the CUSTOMER’s username and password shall be responsible for compliance with the terms of this Agreement to the same extent as the CUSTOMER. The CUSTOMER shall inform NANO immediately on any unauthorized activities with the CUSTOMER’s username and password, or any other safety violations, which have become known to him/her.
  6. NANO Rights
    1. NANO shall attempt to ensure provision of the Services in the best possible quality. However, it is clear that NANO is unable to warrant interrupted and continuous service provision. The Services shall be provided as they are and NANO shall not undertake any responsibility for possible losses, which may arise for the CUSTOMER due to interruptions in Internet network.
  7. Closing of the Customer’s Account
    1. NANO shall have the right to close the CUSTOMER's account temporarily or permanently, if:
      1. The CUSTOMER violates the terms of this agreement;
      2. The CUSTOMER hasn’t timely paid for the Services, in accordance with Article 3.1 of this Agreement.
  8. Validity Term and Termination of the Agreement
    1. Agreement shall enter into force on the moment of its signing and shall be valid until complete execution of the contractual liabilities of the Parties.
    2. In the event of none of the Parties has no claim towards other Party, then the terms mentioned in the Agreement shall be extended until the signing of a new Agreement.
    3. In the event of any of the Parties is willing to terminate the Agreement, then it shall inform the other Party in writing not later than 1 calendar month before the termination of the Agreement.
    4. In all events for termination of this Agreement there shall be performed a final settlement between the Parties for the Services provided to the CUSTOMER before the closing of the account, and only in this moment the validity of the Agreement shall be considered as terminated.
  9. Force Majeure
    1. The Parties shall be released from a full or partial liability in accordance with this Agreement, if the execution of liabilities is based on a force majeure situation.
    2. The force majeure situation is characterized by any legislation, agreement or any other written directive, which has a legal force, and which affects the execution of this Agreement. As force majeure conditions shall be considered war, any war action, turbulence, embargo, various natural disasters, which interfere with the execution of this Agreement.
  10. Applicable Laws and Dispute Settlement
    1. In all issues, which are not stated in this Agreement, the Parties shall be guided by the existing legislation of the Republic of Latvia.
    2. Any dispute, disagreement or claim, which arises from this Agreement, affects the Agreement, its amendment, violation, termination, validity, legality or translation (interpretation) shall be settled via negotiations.
    3. In the event of a settlement is not achieved between the Parties within two months, the dispute shall be transferred to the International Arbitration Court of Latvia in Riga in a composition of one arbitrator in Latvian.
  11. Amendments and Supplements of the Agreement
    1. This Agreement shall state a complete agreement between the Parties. All other agreements between the Parties on the subject of this Agreement shall become invalid on the moment of signing of this Agreement.
    2. All amendments and supplements of this Agreement shall enter into force, if they are drawn up in written and they are signed by lawful representatives of both Parties.
  12. Other Terms
    1. This agreement is drawn up electronically and it shall be valid without signature.
    2. The financial information of the Agreement is confidential, except conditions of Article 3.2.
    3. This Agreement shall be binding to NANO, CUSTOMER and all their transferees and consignees.
  13. Refund Policy
    1. The CUSTOMER shall have the right within 10 (ten) days from the ordering date to withdraw from the Service and to request a refund for the full amount. The refund can be made for the Hosting service order only.
    2. The refund shall be made for payments, which were made by Paypal or Credit cards. A bank payment shall be repaid to the Customer’s account balance.
  14. Withdrawal Policy
    1. The Customer shall have the right to withdraw from the Service by a written notice, which is sent to Nano at least 30 (thirty) days in advance.