Last Updated: 13.12.2023

This Execution Offer for a Public Services Agreement (referred to as the "Offer") establishes the terms and conditions governing general service provisions (referred to as the "Agreement") between Smart IT Services LLC, registered under code 400228222, located at Omar Khizanishvili 264, Tbilisi, Georgia (referred to as the "Contractor"), on one part, and an individual or legal entity unconditionally accepting these terms (referred to as the "Customer"), on the other part. Both are collectively referred to as the "Parties" and individually as a "Party."

The Offer and the relationships arising from it are subject to the laws of Georgia ("Georgia"). This Offer extends to any individual and/or legal entity willing to execute the services agreement ("Agreement") under the specified terms, contingent on the Contractor's technical capacity and the Customer's possession of functional end-user equipment. Acceptance of this Offer occurs only when an individual fully agrees to the Agreement. The execution procedure, acceptance form, offer transmission, and acceptance receipt follow the provisions of the CC of Georgia.

This Offer becomes effective upon posting on the Contractor's official website at http://smartit-services.net ("website") and remains valid until withdrawn by the Contractor in any form. The Contractor retains the right to modify or withdraw the Offer at its discretion, with amendments taking effect upon posting on the website. Unless the Customer rejects the amended Offer and terminates the Agreement within ten (10) calendar days, acceptance is presumed.

The Agreement is considered executed when the Customer signs up for a personal account on the Contractor's website, with the effective date being the signup date. By accepting the Offer, the Customer affirms their legal capacity, understanding of the Offer's terms, and expresses free will without coercion.

1. TERMS AND DEFINITIONS

• Domain name: Symbols designated for website addresses.
• Domain name registration actions: Entry of data into the registrar database to ensure domain uniqueness and administration rights.
• Payment system: Organizations facilitating fund transfers.
• Account: User information in the computer system.
• Personal account: Website section providing self-service access to service data, settlements, and other information.
• IP address: Identifier in a data communication network.
• Virtual server services: Provision of a portion of the Contractor's physical server capacities.
• Server: Facility designated for storing information.

2. SUBJECT MATTER OF THE AGREEMENT

Under this Agreement, the Contractor provides and the Customer pays for various services, including virtual and physical servers, IP address provision, domain name registration, software licenses, additional equipment, and technical support.

3. LOGGING-IN RULES

Customers log in via the Personal Account, providing authentic data. The Customer consents to personal data processing by the Contractor, adhering to Georgia and EU laws and the Privacy Policy.

4. COST OF THE SERVICES AND SETTLEMENT PROCEDURE

Payment is made based on advance invoices issued in the personal account. The Contractor may provide some services free during a seven-day test period. Service suspension occurs if no payment is made for the following period.

5. PAYMENT FOR AND WITHDRAWAL FROM WINDOWS OS LICENCES AND ADDITIONAL EQUIPMENT

Rights to use licenses are paid monthly. The Customer must notify withdrawal from a license or additional equipment at least thirty (30) days before the next month.

6. CONTROL PANEL LICENCES

Temporary right to use control panel licenses is granted, and technical support is not included. Support can be obtained through the official forum or the Contractor's paid services.

7. SERVER TECHNICAL SUPPORT

Free technical support is provided for server components and network issues within the data centre. Other support is offered at applicable rates.

8. WARRANTIES AND LIMITATION OF THE CONTRACTOR’S LIABILITY

The Contractor is not liable for customer information, server operation, data loss, or consequences of service use. Certain events, such as force majeure, may lead to service suspension.

9. FORBIDDEN ACTS

Various activities are prohibited, including using servers in ways that hinder their operation, violating laws, using illegal software, or engaging in unauthorized access attempts.

10. DATA INTEGRITY

Customers are responsible for creating and updating backup copies of their data. The Contractor is not liable for data integrity on the Customer's server.

11. CLAIM PROCESSING

If a claim is lodged, the Customer must take measures to eliminate violations. Failure to do so may result in service suspension.

12. SUSPENSION OF THE SERVICES AND TERMINATION OF THE AGREEMENT

The Contractor may suspend services or terminate the Agreement for specified reasons, including customer misconduct, delayed payments, or illegal use of services.

13. REFUND

Refund terms vary based on the termination initiator. If terminated by the Contractor, funds are repaid pro-rata with the unused period. If terminated by the Customer, funds are repaid only for the full unused month without discounts.

14. TRANSFER AND ACCEPTANCE OF THE SERVICES PROVIDED

Services are considered properly provided and accepted unless the Customer lodges a claim within seven (7) days following the service period.

15. FINAL PROVISIONS

The Offer is governed by Georgia laws. Any disputes are settled through negotiations, and unresolved conflicts go to the Republic of Georgia's respective court.

16. AFFILIATE PROGRAM

An affiliate program is outlined, allowing Customers to earn bonuses for referring new customers. The program details bonus rates, payment timelines, and conditions.

17. FAIR USE POLICY OF SHARED RESOURCES

A Fair Use Policy is applied to prevent resource abuse, specifying limits and monitoring procedures to ensure smooth service operation.

This comprehensive document outlines the terms and conditions governing the relationship between the Contractor and the Customer.