This is an unofficial English translation provided for convenience. The Ukrainian-language version published at uatld.com is the original and the only legally binding text; in the event of any discrepancy, the Ukrainian version prevails.
On the provision by Individual Entrepreneur Tereshchuk Andrii Oleksandrovych (hereinafter referred to as the Registrar) of services related to the registration, renewal and maintenance of domain names, provided to a person (a legal entity, an individual entrepreneur or a natural person, hereinafter referred to as the Partner) who intends to provide such services to third parties (Registrants) in its own name and/or to register domain names for its own benefit, and who has accepted the terms set out in this Public Offer (the Agreement) in the manner established by the «Acceptance» section.
This Agreement is concluded and performed in the Ukrainian language in accordance with the Law of Ukraine «On Ensuring the Functioning of the Ukrainian Language as the State Language». This Agreement governs the provision to the Partner of access to the Services and (where available) to the interaction interface for the registration and maintenance of domain names for the benefit of Registrants, including the Partner itself as a Registrant. The terms of the Agreement, the Tariffs and the procedure for providing the Services are the same for all Partners regardless of their legal status. Given the nature of the services, any Service is deemed to be fully provided and irreversible from the moment the data are transmitted to the registry, and for this reason no refund is made for Services that have been provided (see the «Refunds» section). In relations with Partners who are natural persons ordering the Services for their own needs, the Registrar complies with the requirements of the Law of Ukraine «On Protection of Consumer Rights» to the extent that does not contradict the nature of domain name registration services and the regulations of the respective registries. A Partner may be a legal entity, an individual entrepreneur or a natural person, including a non-resident. The Partner is solely and exclusively responsible for compliance with the legislation applicable to its activity, including, where necessary, for state registration as a business entity and for the payment of taxes; the Registrar does not control and is not responsible for the Partner’s compliance with these requirements.
In this Agreement, the terms below are used with the following meanings:
On the basis of this Agreement, the Registrar undertakes to provide the Partner with Services related to the registration, renewal, transfer and maintenance of domain names ordered by the Partner for the benefit of its Registrants or for its own benefit, and the Partner undertakes to accept and pay for these Services in the manner and on the terms set out in this Agreement and the Tariffs. If the Partner provides Services to its Registrants, it does so in its own name, independently setting the final prices and terms of service. A detailed description of domain operations is set out in the document «Domain Name Operations», which applies to this Agreement with respect to the technical procedures.
The Registrant (owner) of each domain name registered under this Agreement is the person for whose benefit it is registered — a client of the Partner or the Partner itself. If the Registrant is a client of the Partner, the contractual relationship in respect of such domain name arises between the Partner and its Registrant, and the Registrar does not enter into direct contractual relations with the Partner’s Registrants, except in cases expressly provided for by this Agreement, the registries’ regulations or the decisions of authorised bodies.
This Agreement is a public offer in accordance with Articles 633, 641 of the Civil Code of Ukraine and Article 11 of the Law of Ukraine «On Electronic Commerce» No. 675-VIII of 03.09.2015 and is addressed to an indefinite range of persons. The Agreement is concluded without a prior paid verification (attestation) — in the manner established by the «Acceptance» section. At the same time, given the Registrar’s responsibility to the registries and administrators of domain zones for all operations performed under its accreditation, the Registrar reserves the right to refuse to conclude the Agreement or to suspend or terminate the provision of Services and access to the interaction interface where there are grounds set out in the «Rights of the Registrar» section, in particular in the event of indications of fraud, abuse, the existence of overdue debt, a violation of the legislation of Ukraine, the ICANN rules or the regulations of the corresponding domains.
The Parties unconditionally agree that the procedure for providing the Services, as well as other requirements and conditions related to the provision of the Services, are governed by the documents, regulations, rules and procedures adopted by ICANN and the Administrators of the corresponding public domains. A list of such documents is set out in the «Regulations and Policies» section.
Individual Entrepreneur Tereshchuk Andrii Oleksandrovych is a payer of the single tax of the third group at a rate of 5% in accordance with clause 293.3 of Article 293 of the Tax Code of Ukraine and is not a payer of value added tax. All Services under this Agreement are provided without VAT. Tax invoices are not issued.
The Parties unconditionally agree to comply with the documents, regulations, rules and procedures adopted by ICANN and the Administrators of the corresponding public domains, in particular:
The Parties unconditionally agree to follow the Uniform Domain Name Dispute Resolution Policy for the .UA domain and undertake to ensure its observance by their Registrants in accordance with the documents listed below:
Any person — a legal entity, an individual entrepreneur, or a natural person, including a non-resident of Ukraine — may become a Partner. To conclude the Agreement, the person submits to the Registrar a completed questionnaire in the form «Partner Identification» (via the form on the Site, by e-mail or by another available means), in which it provides its identification data: full name or full personal name; EDRPOU code (for a legal entity), RNTRC (for an individual entrepreneur or a natural person) or the registration/tax number in the country of registration (for a non-resident); address; contact details and a contact for abuse reports. The Registrar reviews the questionnaire, contacts the person if necessary to agree the terms and, where approved, opens a user account (Partner account) for it in the billing system and grants access. Self-registration of an account without the Registrar’s review of the questionnaire is not provided for. The Partner is solely responsible for the accuracy of the information provided and undertakes to keep it up to date.
In accordance with Articles 205, 633, 638–642 of the Civil Code of Ukraine and Article 11 of the Law of Ukraine «On Electronic Commerce», the acceptance (unconditional acceptance of the terms) of this public offer is deemed to be any of the following actions of the person:
The list above is not exhaustive: acceptance is deemed to be any other unambiguous expression of will of the person aimed at accepting the terms of this offer. None of the methods of acceptance is mandatory — any one of them is sufficient. The Partner’s identification is ensured by submitting and confirming the questionnaire before access is opened and does not depend on the chosen payment method, the existence of a bank account or a QES.
From the moment of acceptance, the Agreement is deemed concluded between the Registrar and the Partner. Acceptance is valid only if it is performed by an authorised person; the Partner is solely responsible for the actions of persons who performed acceptance on its behalf. The Registrar is not obliged to verify the authority of such a person or its legal status at the moment of acceptance. If the Partner’s activity requires registration as a business entity under the legislation, ensuring such status and paying the corresponding taxes is the exclusive responsibility of the Partner.
By performing acceptance, a natural person confirms that it has the necessary legal capacity: that it has reached the age of 18 or has full civil capacity (in particular as a result of registration as an individual entrepreneur or of being married), and a person aged 14 to 18 — that it has the consent of its parents (adopters) or guardian in accordance with Article 32 of the Civil Code of Ukraine. The Registrar is not obliged to verify the age or the existence of such consent; responsibility for the accuracy of this confirmation lies with the person and its legal representatives.
No paid prior verification (attestation) of the Partner is carried out; identification by submitting the questionnaire is free of charge. The Registrar reviews the submitted questionnaire within a reasonable period; the Partner’s access to paid operations and to the interaction interface (API/EPP) is activated only after the questionnaire has been confirmed (approved) by the Registrar. The Registrar has the right to refuse to confirm the questionnaire or to request additional information; until confirmation, access to paid operations is not granted. The provision of inaccurate information in the questionnaire is grounds for refusal of confirmation, suspension or termination of the provision of Services. Confirmation of the questionnaire is not a guarantee of preservation of the Agreement and does not deprive the Registrar of the right to suspend or terminate the provision of Services where there are grounds set out in the «Rights of the Registrar» section.
The cost of each operation is determined by the corresponding Tariff — the final price of the operation for the Partner. The current Tariffs are published in the Partner’s personal account and are not publicly available; the Partner becomes acquainted with them after the questionnaire is confirmed and access to the account is obtained.
Payment is made by way of prepayment (advance) in monetary form by the means (channels) available in the billing system. The cost of the Services is determined and accounted for in hryvnia; regardless of the chosen payment method, the funds are credited to the Partner’s Balance in the hryvnia equivalent, from which the cost of the ordered Services is debited at the Tariffs. All Services are provided without VAT.
The Balance is topped up in the personal account by one of the means available in the billing system. A fee of the chosen payment method (in particular, the fee of the payment gateway/payment provider) may apply to a top-up. Depending on the chosen method, the fee is deducted from the top-up amount (in which case the amount net of the fee is credited to the Balance) or added to the amount payable (in which case the ordered amount is credited to the Balance and the amount including the fee is payable). The amount of the fee and the resulting totals are displayed in the personal account before the top-up operation is confirmed.
The Services are deemed paid at the moment their cost is debited from the Balance. Funds paid as a Top-up Fee are a charge for the corresponding top-up method and are not credited to the Balance and are non-refundable.
Funds are deemed paid at the moment they are received in the Registrar’s account or the successful transaction is confirmed by the corresponding payment provider, after which they are credited to the Balance in the manner set out above.
For Partners that are legal entities and individual entrepreneurs, the Registrar draws up monthly an act of services rendered for the previous calendar month, which contains the volume and cost of the Services actually provided, and provides it through the personal account and/or the electronic document flow service. If the Partner has reasoned objections, it must, within five business days from the date of receipt of the act, provide the Registrar with a written reasoned refusal to sign it. In the absence of objections, the Partner signs the act within the same period. If, within fifteen business days from the date the act was sent, the Registrar has not received a signed act or a reasoned refusal, the Services are deemed accepted without reservations and the act — signed. For Partners that are natural persons, the act of services rendered and invoices are provided upon their request; for them, the data of the personal account and the notifications of completed operations serve as confirmation of the Services provided.
Payment of an invoice or making an advance confirms the Partner’s receipt in full of the Services provided up to the moment of such payment and its acceptance of them as duly performed. No refund is possible for such Services.
The Registrar has the right to revise the Tariffs unilaterally. The Registrar notifies of a change in the Tariffs by publishing the new prices in the Partner’s personal account at least 10 calendar days before they take effect. A change in the Tariffs does not affect Services already paid for.
By mutual agreement of the Parties, the Registrar may grant the Partner a credit limit — the ability to order Services with deferred payment within a defined amount. The size of the credit limit is individual and is determined in the Partner’s personal account or by a separate arrangement. The Registrar has the right to unilaterally change or cancel the credit limit upon notice to the Partner.
The Partner must repay the debt incurred within the credit limit on the basis of an invoice issued by the Registrar within 7 (seven) banking days from the date of its issue, unless another period is determined in the personal account or by arrangement.
In the event of late payment of the debt, a penalty in the amount of double the discount rate of the National Bank of Ukraine effective during the corresponding period is charged on its amount for each day of delay; the Registrar also has the right to suspend paid operations and the Partner’s access to the interaction interface (API/EPP) until the debt is repaid in full. The Registrar sends the Partner a written demand for repayment of the debt; if the debt is not repaid within 7 (seven) days from the date of such demand, the Registrar has the right to terminate the Agreement early and to recover the debt, including through the courts.
Suspension or termination under this section concerns the Partner’s access to new paid operations and does not entail the automatic deletion of domain names already registered: the delegation of Registrants’ domain names paid for before the debt arose is maintained until the end of the paid period, and in the event of termination of the Agreement such domain names are transferred to the maintenance of another registrar in the manner set out in the «Term. Amendment and Termination» section.
Funds for Services provided are non-refundable. A Service is deemed provided from the moment the data are transmitted to the registry of the corresponding domain zone — this process is irreversible. In cases where a Service was not in fact provided (the operation did not take place for technical reasons or due to a refusal by the registry), the corresponding funds are returned to the Partner’s Balance in the billing system. Early deletion of a domain, transfer to another registrar, or the Registrant’s renunciation of the domain are not grounds for a refund.
The Partner is responsible for informing its Registrants, at the moment of obtaining personal data from them, of the composition, purpose and period of processing of such data, as well as of their transfer to the Registrar and the corresponding registries. The Partner is responsible for obtaining from the Registrants consent to the processing of personal data and to their publication in the WHOIS/RDAP services in accordance with the registries’ regulations.
The Registrar processes the Registrants’ personal data transferred by the Partner solely for the purpose of registering and maintaining domain names and complying with the requirements of the legislation of Ukraine and the administrators of domain zones, in accordance with Article 14 of the Law of Ukraine «On Electronic Commerce», the Law of Ukraine «On Personal Data Protection» and the Privacy Policy.
The Parties shall, without delay but no later than 72 hours from the moment of detection, notify each other of any personal data security incident (unauthorised access, loss, alteration, disclosure or destruction of data). The Registrar, as the processor, notifies the Partner as the controller of the Registrants’ personal data; the Partner, as the controller, carries out the further notification of the data subjects and the authorised bodies within the periods provided for by the legislation. The Partner immediately notifies the Registrar of the compromise of the access parameters of the account or the interaction interface. The Parties assist each other in eliminating the consequences of the incident and take appropriate technical and organisational data protection measures.
The Registrar makes reasonable efforts to ensure the uninterrupted operation of the billing system, the personal account and the interaction interface (API/EPP); however, it does not guarantee a specific percentage level of availability (uptime). The Registrar has the right to carry out scheduled technical works with a temporary restriction of access, notifying of them in advance through the Site and/or the personal account, and in the event of emergency works — within the shortest possible time.
The Registrar is not liable for unavailability, delays or failures arising as a result of circumstances beyond its reasonable control, in particular: works, failures, restrictions or refusals on the part of registries, registry operators and administrators of domain zones; failures of hosting providers, communication networks and the public Internet; power outages and de-energisation; acts or omissions of payment providers; circumstances of force majeure. The availability and functioning of domain names, to the extent that they depend on registries and higher-level providers, are beyond the Registrar’s control.
For non-performance or improper performance of obligations, the Parties bear liability in accordance with the applicable legislation of Ukraine and this Agreement. The Registrar is not liable for delays in registration due to the technological specifics of the delegating organisation, nor for a refusal by the registry to register a domain.
The Partner bears full responsibility for the uninterrupted servicing of its Registrants, for issuing them invoices and for technical support. The Registrar may, but is not obliged to, provide support directly to the Partner’s Registrants. In the event of an appeal to the Registrar by Registrants or third parties regarding domain names serviced through the Partner’s account, the Partner must provide a written response and the necessary information within two business days from the moment of receipt of the request from the Registrar; in the absence of such a response, the Registrar has the right to block the corresponding domain name without liability for possible consequences.
In the event of the Partner’s breach of the settlement deadlines, it pays the Registrar a penalty in the amount of double the NBU discount rate effective during the corresponding period on the amount of the debt for each day of delay. Payment of penalty sanctions does not release a Party from the performance of its obligations.
The Registrar’s liability on any grounds is limited to the cost of the specific Service in respect of which the liability arose. The Registrar is not liable for indirect losses, lost profit or loss of data.
The Registrar, the Administrator of the domain zone and the Registry Operator are not liable for the consequences of the use, non-use or unlawful use of domain names by the Partner or its Registrants, including towards third parties.
The Registrar forwards to the Partner abuse reports — complaints about phishing, malware, spam, fraud, unlawful content or content that infringes the rights of third parties, etc. — concerning domain names serviced through the Partner’s account. The Partner must acknowledge receipt of such a report and begin responding without delay, but no later than 24 hours from the moment it is forwarded by the Registrar, as well as take appropriate measures and provide the Registrar with a written response on the outcome no later than 2 (two) business days.
In cases that constitute an immediate threat or concern manifestly unlawful use (in particular phishing, malware, materials depicting the sexual abuse of children, infringement of intellectual property rights confirmed by a decision of an authorised body, a threat to the operation of the registration systems), as well as to enforce decisions of a court, registries or authorised bodies, the Registrar has the right to immediately block the corresponding domain name and/or suspend the Partner’s access without first waiting for the Partner’s response and without liability for possible consequences, with subsequent notification of the Partner. Repeated improper response by the Partner to abuse reports is grounds for suspension of access and/or termination of the Agreement.
The Parties are released from liability for non-performance or improper performance of obligations if it is the consequence of circumstances of force majeure (irresistible force): military actions, armed aggression, a state of war or emergency, mobilisation, curfew, missile, artillery or drone strikes and their consequences; terrorist acts, sabotage, cyberattacks; emergency and scheduled power outages, de-energisation, failures in the operation of power supply networks, communications and the public Internet; natural disasters, epidemics, fires; decisions, acts or omissions of state authorities and local self-government bodies; as well as other extraordinary and unavoidable circumstances under the given conditions. The Party affected by force majeure notifies the other Party thereof within a reasonable period; the existence and duration of force majeure are confirmed by a certificate of the Ukrainian Chamber of Commerce and Industry or by other appropriate evidence. During the period of force majeure, the performance of the corresponding obligations is suspended without the application of sanctions. If such circumstances last for more than 90 calendar days, each of the Parties has the right to terminate the Agreement without compensation, except for the return of funds for Services actually not provided.
The Agreement enters into force from the moment of acceptance and is valid for an indefinite period until its termination, and with respect to settlements — until they are fully completed. From the moment the Agreement is concluded, all prior arrangements of the Parties regarding its subject lose force. The Agreement remains in force in the event of a change in the Parties’ details, their constituent documents, owners and organisational and legal form.
The Registrar has the right to make changes to the Agreement and related documents unilaterally, notifying of this by publishing the updated version on the Site and/or in the Partner’s personal account at least 10 calendar days before the changes take effect. The Registrar notifies of material changes (in particular to the Tariffs and key terms of provision of the Services) at least 30 calendar days in advance. Services paid for before the date the changes take effect are provided on the terms that were in effect at the moment of payment. Previous versions are retained and remain available for review. Continued use of the Services after the changes take effect is deemed their unconditional acceptance. If the Partner does not agree with the changes, it has the right to terminate the Agreement before the date they take effect.
Each of the Parties has the right to terminate the Agreement upon written notice to the other Party at least 30 calendar days in advance. The Registrar has the right to terminate the Agreement early in the event of systematic (two or more cases) violation by the Partner of the terms of the Agreement, the legislation of Ukraine or the registries’ regulations, as well as systematic failure by the Partner to perform its obligations towards its Registrants, upon prior notice at least 10 calendar days in advance. In the event of expiry or termination of the Agreement, the Registrar takes measures to transfer the domain names that were serviced through the Partner’s account to another registrar in order to ensure uninterrupted functioning. Settlements for Services actually provided are not subject to recalculation, and the funds for them are not refunded.
The substantive law of Ukraine applies to this Agreement. The Parties resolve all disputes through negotiations. The pre-trial (claim) procedure for settlement is mandatory: a Party that has received a written claim must provide a response to it within 10 business days. In the event that agreement is not reached, the dispute is referred to a court at the location of the Registrar in accordance with the applicable legislation of Ukraine. This provision also applies to non-resident Partners.
The documents listed below apply to this Agreement with respect to the technical procedures and the processing of personal data. In the event of a conflict between this Agreement and the related documents, the provisions of this Agreement apply, unless otherwise expressly provided for by the corresponding document.
Individual Entrepreneur Tereshchuk Andrii Oleksandrovych
Registered address: 51000, Dnipropetrovsk Oblast, Tsarychanka settlement, Trostiana St., 46
Postal address: 51000, Dnipropetrovsk Oblast, Tsarychanka settlement, P.O. Box No. 1
Tel.: +38 (044) 300-24-21
Official website: https://uatld.com
RNTRC: 3796706819
Bank: JSC «UNIVERSAL BANK»
MFO (bank code): 322001
Bank’s EDRPOU: 21133352
IBAN: UA393220010000026008350042630
Single tax payer of the third group, not a VAT payer.