Offer Agreement

for the provision of virtual server (VPS/VDS) rental services

Websites: https://on1xcloud.com/ · https://on1x.kz/

Legal basis: the Civil Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan “On Consumer Rights Protection” (to the extent applicable), the Law of the Republic of Kazakhstan “On Personal Data and Their Protection”, the Digital Code of the Republic of Kazakhstan, and other applicable regulatory legal acts of the Republic of Kazakhstan.
Purpose of the document: to regulate the provision of paid virtual-server rental services to individuals, individual entrepreneurs, and legal entities.

1. General Provisions and Acceptance

1.1. This document constitutes a public offer by the Provider to enter into a paid services agreement with any legally capable individual, individual entrepreneur, or legal entity that accepts the terms of the Offer.

1.2. For the purposes of this Offer, the Provider is ON1X CLOUD LLP, operating under the ON1X Cloud brand. Until these details have been completed, the document must not be published as an effective offer.

1.3. Full and unconditional acceptance of the Offer occurs upon registration of an Account with confirmation of consent, placement of an Order, payment for the Services, or actual commencement of use of the Services, whichever occurs first. Acceptance means that an agreement is concluded on the terms of the version in effect at the time of acceptance.

1.4. An individual purchasing the Services exclusively for personal, family, household, or other needs unrelated to business activity is hereinafter referred to as a Consumer. Mandatory Consumer rights may not be restricted by this Offer.

1.5. A representative of a legal entity or individual entrepreneur confirms that they have authority to register, place an Order, and accept the Offer. The Provider may request documents to verify authority and identity.

1.6. Information on tariffs, resources, location, payment period, additional services, and restrictions displayed on the websites, in the Personal Account, and in the Order forms part of the agreement.

2. Definitions

Account means the Client’s account in the Personal Account, identified by an e-mail address, login, identifier, and other credentials.
VPS/VDS means a virtual server constituting a portion of the computing resources of a physical server allocated by software, with the parameters provided for by the selected Tariff.
Services means the provision of VPS/VDS, network connectivity, IP addresses, a control panel, and other related services specified in the Order.
Tariff means the set of parameters, limits, price, billing period, and other terms for provision of a particular Service.
Order means an instruction submitted by the Client through the Personal Account to activate, modify, or renew a Service.
Content means information, files, software, databases, personal data, and other materials hosted, transmitted, or processed by the Client on a VPS/VDS.
Complaint means a report of an alleged violation of law, third-party rights, network security, or these documents.

3. Subject Matter and Service Parameters

3.1. The Provider grants the Client temporary paid use of VPS/VDS computing resources and related technical services, and the Client accepts and pays for the Services.

3.2. The specific VPS parameters—virtual processors, RAM, disk space, traffic, bandwidth, IP addresses, operating system, location, and period—are determined by the selected Tariff and Order.

3.3. The equipment location is specified when the Order is placed. Infrastructure may be located outside the Republic of Kazakhstan, including in Germany. The Client must assess whether the selected location is permissible for the Client’s data and purposes, especially when processing personal, banking, medical, government, or other regulated information.

3.4. The Services do not include the Client’s Internet access, operating-system administration, software development or audit, project migration, application configuration, backup, or recovery unless expressly included in the Tariff or a separate order.

3.5. The Provider supplies infrastructure and does not determine the purposes or methods of processing the Client’s Content. The Client independently acts as the owner/operator of the relevant data and bears responsibility for its lawfulness, protection, and cross-border transfer.

4. Registration, Identification, and Account Security

4.1. The Client provides accurate and up-to-date information, including name/entity name, contact e-mail, telephone number, payment information, and, where necessary, registration details.

4.2. The Provider may perform identity, payment, authority, address, telephone-number, order-origin, and anti-fraud checks. Activation may be suspended until verification is completed.

4.3. The Client must use a unique strong password, enable available multi-factor authentication, and not grant access to third parties without control. Actions performed through the Account are deemed to be actions of the Client until the Provider is notified of compromise.

4.4. If unauthorised access is suspected, the Client must immediately notify [email protected] and change the credentials. The Provider may temporarily restrict access to protect the Account and infrastructure.

5. Activation and Procedure for Providing the Services

5.1. After confirmation of payment and, where necessary, verification of the Order, the Provider activates the VPS automatically or manually. A usual activation estimate may be stated on the website, but it is not a guaranteed period unless another period is set in the Order or SLA.

5.2. The Service is deemed to have commenced when the Client is given the ability to manage the VPS or receives access credentials, regardless of whether the Client actually logs in.

5.3. The Client independently installs and updates software, configures security and network services, and arranges backups unless administration has been ordered.

5.4. The Provider may conduct scheduled and emergency maintenance. Information about scheduled work that may materially affect availability is posted on the status page or sent by e-mail within a reasonable period where technically possible.

5.5. To prevent damage, the Provider may take immediate measures in the event of a DDoS attack, malicious activity, abnormal load, or a threat to the network, equipment, or other Clients, including traffic filtering, port disconnection, isolation, or suspension of the VPS.

6. Rights and Obligations of the Client

6.1. The Client must pay for the Services on time, comply with the laws of the Republic of Kazakhstan, the laws of the country where the equipment is located, applicable international restrictions, this Offer, and the User Agreement.

6.2. The Client must independently:

ensure the legality of Content and possession of all necessary rights, licences, consents, and permits;
update the operating system and applications, remediate vulnerabilities, and restrict administrative access;
create external backups at a frequency appropriate to the value of the data;
monitor resource and traffic usage, IP-address reputation, and the actions of the Client’s users;
respond promptly to notices from the Provider and to complaints;
comply with personal-data requirements, including localisation, consent, and cross-border transfer requirements.

6.3. The Client may use the Services within the limits of the Tariff, receive information on the status of an Order, contact support, and require remediation of defects in accordance with the law and the agreement.

7. Prohibited Use

7.1. It is prohibited to use the Services directly or indirectly for:

unauthorised access, hacking, credential guessing, exploitation of vulnerabilities, or scanning without permission of the resource owner;
DDoS attacks, botnets, malicious software, ransomware, cryptojacking, hidden mining on third-party devices, or control of infected systems;
phishing, fraud, spoofing of identifiers, dissemination of knowingly false payment details, or deceptive collection of data;
unsolicited bulk messaging, operation of open proxies or SMTP relays, e-mail bombing, or other spam activity;
hosting or distributing materials prohibited by law, including terrorist and extremist materials, child sexual abuse material, unlawful circulation of drugs or weapons, and gambling without the required permits;
infringement of copyright, related rights, trademarks, patents, or other rights;
unlawful collection, publication, or trade in personal data and databases;
actions that create excessive load or interfere with other Clients, including systematic exceeding of technical limits.

7.2. Security research is permitted only with respect to resources for which the Client has documented authorisation and provided that it does not create a threat to the Provider’s infrastructure or third parties.

7.3. Detailed rules for use of the website, Account, and resources are established by the User Agreement, which forms part of the agreement.

8. Rights and Obligations of the Provider

8.1. The Provider must provide the paid resources in accordance with the Tariff, maintain the operability of its own infrastructure, keep records of payments and requests, and take reasonable information-security measures.

8.2. The Provider may engage data centres, telecommunications operators, payment organisations, and other contractors, while remaining liable to the Client within the limits established by law and the agreement.

8.3. The Provider may request supporting documents and may change an IP address, node, or other technical parameters due to migration, an accident, security concerns, or data-centre requirements, providing prior notice where possible.

8.4. The Provider is not required to review Content in advance, but may perform automated analysis of network events, metadata, and threat indicators and may restrict access where there is a substantiated risk of violation.

9. Price, Payments, and Documents

9.1. The price is determined by the Tariff and Order in the currency displayed in the Personal Account. Information on whether taxes are included is displayed during payment, taking into account the Provider’s tax status.

9.2. Unless otherwise stated, the Services are provided on a 100% prepayment basis. Bank and payment fees may be withheld by the payment intermediary and are not included in the price of the Services.

9.3. Automatic renewal applies only when expressly enabled by the Client. The Client may disable it before a charge is made. Insufficient funds or a declined payment may result in suspension of the Service.

9.4. Changes to Tariffs apply to new billing periods. The Provider gives reasonable advance notice of any material deterioration of terms before the change takes effect; a Consumer is given the opportunity to decline renewal without penalty.

9.5. Documents for legal entities may be issued electronically, including with a digital signature, or by another agreed method. If the Client does not submit reasoned objections to an acceptance certificate within 10 business days after it is provided, the Services are deemed accepted to the extent that such a condition is permitted by law.

10. Refunds and Compensation

10.1. Refunds are governed by a separate Refund Policy. New Clients may be offered a 7-day money-back guarantee for the first VPS, covering the unused period and subject to the terms of the Policy.

10.2. The money-back guarantee does not limit a Consumer’s mandatory rights where the Services are improperly provided. Contractual limitations do not apply where the law provides for a different amount of compensation.

10.3. SLA compensation, where provided, is granted as a service credit or refund in accordance with the relevant SLA and does not replace mandatory Consumer remedies.

11. Suspension, Termination, and Deletion of Data

11.1. The Provider may suspend the Services in the event of non-payment, violation of law or contractual rules, a security threat, receipt of a binding request from a competent authority, a credible abuse complaint, or failure to provide requested verification data.

11.2. If a violation can be remedied and does not require immediate action, the Provider sends notice and grants a reasonable period for remediation. In the event of an urgent threat, phishing, malicious activity, DDoS, fraud, or a binding requirement, a restriction may be imposed without prior notice.

11.3. After the paid period ends, the VPS may be stopped. Data is retained for three days and may then be permanently deleted. Availability of a backup is not guaranteed unless a separate backup service has been paid for.

11.4. The Client may disable automatic renewal and stop using the Service through the Personal Account. A refund for the remaining period is made only where provided by law, the Tariff, or the Refund Policy.

11.5. Upon termination of the agreement, the Client must export Content in advance. The Provider may retain certain logs, financial data, and identification data for the periods established by law and the Privacy Policy.

12. Personal Data and Confidentiality

12.1. The Provider processes Account data in accordance with the Privacy Policy. The primary personal-data database must be located in the Republic of Kazakhstan; its actual address must be completed and confirmed before the documents are published.

12.2. The Client’s placement of third-party data on a VPS outside Kazakhstan may constitute a cross-border transfer. The Client must independently ensure a lawful basis, obtain the necessary consent, provide notices to data subjects, and ensure adequate protection.

12.3. The Parties maintain the confidentiality of non-public information obtained in performing the agreement, except for lawful disclosure to contractors, auditors, banks, payment organisations, or competent authorities.

13. Liability

13.1. Each Party is liable for breach of its obligations where grounds exist and to the extent established by the laws of the Republic of Kazakhstan and this Offer.

13.2. The Client is responsible for Content, software, actions performed through the VPS, compliance with licences, protection of credentials, and lawfulness of data processing. The Client compensates the Provider for documented direct losses caused by the Client’s culpable breach in accordance with law.

13.3. The Provider is not liable for failures of the Internet or third-party networks, the Client’s software, incompatibility, attacks or actions of third parties, or loss of data in the absence of an ordered backup service, provided that the Provider exercised the required degree of care and unless otherwise provided by law.

13.4. For Clients who are not Consumers, the Provider’s aggregate liability for a billing period is limited to the amount paid for the affected Service during the preceding three months, except in cases of intent, gross negligence, breach of confidentiality, and cases where limitation is prohibited by law.

13.5. Limitations of liability do not apply to harm to life or health or to other cases in which liability cannot be limited by agreement of the Parties.

14. Force Majeure

14.1. A Party is released from liability for non-performance caused by extraordinary and unavoidable circumstances, including natural disasters, war, mass disorder, acts of public authorities, and large-scale failures of power supply or communications.

14.2. The affected Party notifies the other Party within a reasonable period. Failure to notify deprives that Party of the right to rely on the circumstance to the extent of losses that could have been avoided by notice, unless otherwise provided by law.

15. Claims and Disputes

15.1. Claims are sent to [email protected] from the Account e-mail address or through the Personal Account. Technical incidents and reports of violations are sent to [email protected].

15.2. A claim must include the Account identifier, a description of the circumstances, the date, the remedy requested, a calculation of the amount where applicable, and supporting materials.

15.3. A Consumer’s claim is reviewed within the periods and under the procedure established by the laws of the Republic of Kazakhstan; where the Provider disagrees with the demands, a reasoned written response is sent no later than ten calendar days after receipt of the claim.

15.4. Disputes are resolved through negotiations and the mandatory pre-trial procedure where established by law. Jurisdiction is determined by the laws of the Republic of Kazakhstan; the agreement does not restrict a Consumer’s right to apply to a court having jurisdiction under law.

16. Electronic Communications and Amendments

16.1. The Parties recognise the legal effect of actions performed in the Personal Account, messages sent to a confirmed e-mail address, and technical logs where their authenticity can be verified. Documents for which the law requires a digital signature are signed in accordance with the Digital Code of the Republic of Kazakhstan.

16.2. The Provider may amend the Offer for new Orders by publication. Material amendments affecting current periods are communicated to the Client in advance. Amendments do not have retroactive effect except where expressly required by law or necessary to eliminate a security threat.

16.3. Continued use after amendments take effect constitutes acceptance of the new terms for subsequent billing periods. A Consumer who does not accept a deterioration of terms may decline renewal.

16.4. Invalidity of an individual provision does not invalidate the remaining terms; such provision applies to the maximum extent permitted by law.

Contacts

General matters, contracts, and finance: [email protected]
Technical support, incidents, security, and complaints: [email protected]

Offer Agreement for the Provision of Virtual Server Services