Agreement
for the provision of services for installation, testing, and configuration of computer software
Revision of August 01, 2025
This Agreement is not a public offer; the Contractor shall be entitled to refuse to conclude this Agreement.
This Agreement is not a public offer; the Contractor shall be entitled to refuse to conclude this Agreement. This Agreement is a framework agreement, the essential terms of which shall be agreed upon by means of exchange of written communications via email addresses in the Personal account (on the Contractor’s website), or by preparing a Requirements Specification in the form of Annex No. 1 to this Agreement.
Contractor – ISPmanager LTD
Customer – a person who has adhered to this Agreement and paid for the services.
ACCEPTANCE OF THE TERMS OF THIS AGREEMENT AND OBLIGATIONS OF THE PARTIES PRIOR TO THE CONCLUSION OF THIS AGREEMENT
The conclusion of this Agreement shall be effected by the Customer submitting a Request in one of the following ways: by completing a form on the Contractor’s website; by sending a written request to the technical support service regarding the relevant service with information about the required result of the works and information about the Customer’s platform.
After processing the Request and conducting a preliminary audit of the software and hardware condition of the Customer’s platform (if its conduct is necessary for an accurate assessment of the Service cost), the Contractor shall calculate the cost of the Services or notify of a refusal to provide services. For the purpose of conducting a preliminary audit (where necessary), the Customer shall provide the Contractor’s employees with the required credentials for remote access (superuser rights) to the Customer’s server.
The essential terms of service provision shall be agreed upon with the Customer by way of exchanging written communications via email addresses, in the Personal account (on the Contractor’s website), or by preparing a Requirements Specification (in the form of Annex No. 1), which simultaneously serves as an invoice for payment.
This Agreement is an adhesion contract (article 428 of the Civil Code of the Russian Federation) and shall be deemed concluded from the moment of payment of the amounts specified in the Requirements Specification (in the form of Annex No. 1) or the electronic invoice issued in the Personal account on the Contractor’s website. In the event of non-payment within fifteen (15) calendar days, the invoice shall be annulled by the Contractor unilaterally, and the Agreement shall not be deemed concluded.
SUBJECT OF THE AGREEMENT
The Contractor, for remuneration in accordance with the Requirements Specification (Annex No. 1) or the terms agreed upon through the exchange of written communications in accordance with Clause 1.3, undertakes to perform a set of actions for the installation, testing, and configuration (depending on the required result) of Software Products.
The Contractor does not perform analysis, modification, or correction of software code, modules, scripts, or other components on the Customer’s platform related to programming.
PROCEDURE FOR SERVICE PROVISION
The procedure for service provision, the list of services, and other essential conditions shall be regulated in the Requirements Specification or by exchanging written communications via email addresses, in the Personal account (on the Contractor’s website) (in accordance with Clause 1.3).
The Contractor shall be entitled to request information from the Customer necessary for the performance of services under this Agreement, and the Customer undertakes to provide such information within a reasonable time.
At the Contractor’s request, the Customer undertakes to provide access to the server(s) and control panel “ispmanager”, using built-in functionality, SSH protocol, or other technical means of remote connection specified by the Contractor. The Contractor shall suspend the performance of obligations until such access is granted, and the term of service provision shall be proportionally extended.
The Contractor shall provide services at its place of business. Upon agreement between the Parties, the Contractor’s technical specialist may visit the Customer’s premises for an additional fee and reimbursement of relevant expenses.
The Contractor shall have the right to independently determine the forms and methods of service provision.
The Contractor shall be entitled to deviate from the list of works if this is necessary to achieve the result required by the Customer. In such a case, the cost and scope of works shall not be subject to recalculation.
Services shall be provided during business hours: from 04:00 a.m. to 10:00 p.m. (GMT +3), excluding weekends and public holidays. The specific time of service provision shall be agreed upon by the Parties in the Requirements Specification or through written communications.
The Contractor has communicated to the Customer the requirements for the technical and/or software condition of the Customer’s platform necessary to achieve the result, and the Customer undertakes to ensure compliance with such requirements. Otherwise, Clause 5.3 shall apply, and the works shall be deemed properly performed.
After the essential terms have been agreed upon (Clause 3.1), the Customer shall not be entitled to demand modification of the subject matter of the service provision, the list and types of works performed, or other agreed conditions.
PROCEDURE FOR SETTLEMENTS AND ACCEPTANCE OF SERVICES
The cost of the Services shall be calculated on an hourly basis, according to the rate established by the Contractor, and shall depend on the complexity of the service subject. As a general rule, the Contractor shall commence the fulfillment of obligations after receiving 100% prepayment, unless otherwise stipulated in the Requirements Specification or by written agreement of the Parties (Clause 1.3).
The Customer shall be responsible for the accuracy of payments made by it in accordance with the invoice.
The price indicated on the Licensor’s website does not include applicable VAT, which shall be charged in addition to the license fee.
If the Customer is a natural person-consumer, then regardless of the date of issue of the cash receipt, the services shall be deemed accepted in full and without reservations within five (5) business days from the moment of actual provision of the service, of which the Contractor notifies through communication channels used with the Customer.
Any taxes and duties established by the legislation of the Customer’s country of registration shall be payable by the Customer at its own expense and shall not be deducted from the remuneration payable.
LIABILITY OF PARTIES
The Contractor shall not be liable for losses (including lost profits) incurred by the Customer as a result of the execution of this Agreement, except in cases of culpable actions committed by the Contractor’s representatives that caused losses to the Customer.
In case of fulfillment of obligations (performance of the prescribed list of works) specified in the Requirements Specification, the services (works) shall be considered duly rendered. The Contractor does not guarantee, as a result of the services (works), the absence of errors or their future non-occurrence, nor their correction, unless otherwise provided for in the Requirements Specification.
In the event of errors, malfunctions, or other phenomena affecting the result of the service (works), the provisions of Articles 722, 723, 724, 737, 739 of the Civil Code of the Russian Federation shall not apply to the Parties’ relations, unless a warranty period is specified in the Requirements Specification.
If the impossibility of performance of the Contractor’s obligations arises through the fault of the Customer, the services shall be payable proportionally to the time spent by the Contractor until the moment the impossibility of performance was discovered.
The Contractor shall not be liable if measures, methods, and tools were applied to achieve the agreed result, which under normal technical conditions and circumstances would have led to its achievement, but due to the technical and/or software condition of the Customer’s platform resulted in an unforeseen or improper outcome.
The Parties shall be released from liability for partial or full non-performance of obligations under this Agreement caused by force majeure circumstances arising after its conclusion. Such circumstances shall include, inter alia: accidents resulting in violation of the Contractor’s network integrity; power outages of the Contractor’s active network equipment; DDoS attacks; Internet segment malfunctions; natural disasters; natural and industrial catastrophes; terrorist acts; military actions; civil unrest; adoption by state authorities or local governments of acts containing prohibitions or restrictions regarding the Parties’ activities under this Agreement; other circumstances that cannot be foreseen or prevented in advance and render performance of the Parties’ obligations under the Agreement impossible.
All disputes and disagreements arising from this Agreement shall be subject to consideration in accordance with the legislation of the Russian Federation.
In case of late payment of remuneration, the Contractor shall be entitled to demand a penalty in the amount of 0.5% of the overdue payment for each calendar day of delay.
The Customer acknowledges that the software it uses, which the Contractor interacts with during the provision of services and which is provided in accordance with the internationally recognized “as is” principle, may not be free from errors. Should such software contain errors, bugs, or other deficiencies, the Contractor shall not be obliged to eliminate them and shall not be held liable for them, including for impossibility of service provision caused by such errors and bugs.
The Contractor shall not be liable for deficiencies in the operation of the Customer’s servers caused by the operation of the Customer’s scripts and software.
The Contractor shall not be liable for deficiencies in the operation of the Customer’s servers caused by increased load and volume of data exceeding the server’s technical capacity.
The Contractor shall not be liable for adverse consequences and impossibility of service provision caused by the Customer’s failure to provide exhaustive information about the technical and software conditions of its platform, with which the Contractor interacts in the course of service provision.
AMENDMENT OF TERMS. TERMINATION OF THE AGREEMENT. SPECIAL CONDITIONS
The Contractor shall be entitled at any time during the validity period to unilaterally amend the terms of this Agreement and other documents referred to herein. Amendments to the Agreement shall not apply to current relations with the Customer, with whom an executed Requirements Specification exists, however subsequent relations shall be governed by the Agreement as amended. The Contractor undertakes to notify the Customer of the fact of amendments by publishing such amendments (or the updated version) on the Website. Amendments shall come into force as of the date of their publication on the Website, unless a later date is specified therein. In case the Customer refuses to accept the relevant amendments, it shall be entitled to immediately terminate this Agreement unilaterally. Absence of written notice of refusal from the Customer within five (5) business days from the date the amendments come into force shall be deemed as the Customer’s acceptance thereof. Thereafter, the Parties shall be guided by the Agreement and the relevant amendments.
In the event of a breach by either Party of the terms of this Agreement, the other Party shall be entitled to unilaterally terminate the Agreement by notifying the defaulting Party in writing (including via email) at least five (5) calendar days prior to the termination date.
The Agreement shall enter into force upon its conclusion and shall remain in effect until the Parties fulfill their obligations.
For the provision of services under this Agreement, the Contractor shall have the right to engage third parties.
. All legally significant messages and notices may be sent by the Contractor to the Customer via the email addresses specified in the service request; in the Personal account (on the Contractor’s website). The Parties undertake to maintain the confidentiality of email content and to ensure it is inaccessible to third parties.
The substantive and procedural law of the Russian Federation shall apply to the obligations of the Parties arising from this Agreement.
Correspondence between the Parties related to the agreement of the Requirements Specification shall cease to be valid from the moment of payment of the Invoice-Requirements Specification (Annex No. 1).
Advance payment under the agreement for the provision of services for installation, testing, and configuration of computer software.
Total:
Amount in words:
By paying the specified amount, the Customer accepts the terms of the Agreement, and the Parties have agreed upon the following essential conditions of service provision:
1. Information on software and technical conditions for performance of works:
2. List of works to be performed:
3. Agreed result of works:
4. Term of performance of works:
5. Cost of works and payment procedure:
6. Other conditions, notice to the Customer regarding the conditions of use of the completed work:
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