Public Contract (Offer) for the Provision of Services

1. General provisions

1.1. This document is an official written proposal (offer) to conclude a contract for the provision of domain name registration and maintenance services on the terms set out below, addressed to an indeterminate range of persons.

1.2. The Provider under this Contract is Tereshchuk Andrii Oleksandrovych, a private entrepreneur — a natural person registered in Ukraine as an entrepreneur, who trades in a personal capacity and is not a legal entity — individual taxpayer registration number (RNOKPP) 3796706819, address of registration: 51000, Dnipropetrovsk oblast, Tsarychanka settlement, vul. Trostiana 46, postal address for correspondence: 51000, Dnipropetrovsk oblast, Tsarychanka settlement, P.O. Box 1, telephone +38 (044) 300-24-21, email address for legally significant enquiries legal@namespace.com.ua, website https://namespace.com.ua (the Provider). The full list of particulars whose publication is required by article 7 of the Law of Ukraine "On Electronic Commerce" No. 675-VIII is set out on the Our Details page, including the particulars of the Provider's status as a registrar and the list of domain zones in which the Services are provided.

1.3. The Client under this Contract is a natural person, a natural person registered as an entrepreneur (individual entrepreneur) or a legal entity that has accepted this offer in the manner set out in section 3 (the Client). The Provider and the Client are together the Parties.

1.4. The Contract is concluded in the state language (part fourteen of article 11 of the Law of Ukraine "On Electronic Commerce" No. 675-VIII). The language of service is Ukrainian (article 30 of the Law of Ukraine "On Ensuring the Functioning of the Ukrainian Language as the State Language" No. 2704-VIII); part six of article 27 of the same Law additionally requires that the Ukrainian-language version of a website be no smaller in volume and content than versions in other languages and that it load by default for users in Ukraine. The stipulation that the Ukrainian edition is authentic is an agreement of the Parties, not a requirement of the law: none of the provisions cited establishes the primacy of one language edition over another, and so the Parties agree it separately. The Ukrainian edition of this document is the only authentic one; editions in other languages are provided solely for convenience and, in the event of a discrepancy, yield to the Ukrainian one.

1.5. The following documents, in the editions in force at the moment the relevant act is performed, are integral parts of this Contract:

• Payments and Refunds;
• Privacy Policy;
• Our Details;
• the Price List — at https://namespace.com.ua/pricing.

The list of the domain zones and operations in which the Provider provides the Services is published together with the Price List (clause 6.4 of the Our Details page).

1.6. In the event of a discrepancy between this Contract and the documents listed in clause 1.5, this Contract prevails, except on matters which it expressly assigns to the subject matter of the document concerned.

1.7. The rules of a domain zone established by the Registry of that zone prevail over this Contract in so far as the register itself is concerned: the procedure for entering, changing and removing records, the life cycle periods of a domain name, and the requirements as to the registrant and as to the composition of the particulars about it. The Provider has no power to change those rules and is not answerable for their content.

1.8. The Distributor Agreement is a separate contract, concluded by a person who provides domain name services to its own clients on the Provider's platform — a legal entity, an individual entrepreneur, or a natural person not registered as an entrepreneur. It is not part of this Contract, does not apply to the Client under this Contract and does not limit the Client's rights. In particular, the stipulation of that agreement that the Law of Ukraine "On Protection of Consumer Rights" No. 1023-XII does not apply concerns the purchaser alone and rests on the subject matter of that agreement — a purchaser obtains the operations otherwise than for personal needs, in order to provide services to its own clients. It does not affect the rights of a Client who is a Consumer under this Contract. The Provider's decision to grant a purchaser access to the platform (Admission) is not an accreditation in any domain zone, creates no relationship between the purchaser and any Registry, and confers no rights whatsoever in respect of the Register. The obligations of the Client and of the Registrant under this Contract are set out in sections 8, 9 and 12–16.

2. Terms and definitions

2.1. Registry — the person that maintains the register of the relevant domain zone and takes the decision whether to enter particulars into it: the administrator of the public domain and/or the operator of the register within the meaning of the Regulations of that zone.

2.2. Register — the database of domain names of the relevant zone, maintained by the Registry.

2.3. Domain name — a character designation whose particulars have been entered into, or submitted for entry into, the Register.

2.4. Registrant — the person in whose name the domain name is registered in the Register. The Registrant may be the Client itself or another person named by the Client in the Application; in the latter case the Client acts in the interests of the Registrant and is answerable for the Registrant having the necessary authority.

2.4.1. This Contract places no obligations on a Registrant who is not the Client. An obligation creates no duty for a third party; it may create only rights for one (part one of article 511 of the Civil Code of Ukraine). So where this Contract describes the conduct of a Registrant who is not the Client, it does not bind the Registrant: it places on the Client the duty to bring the terms concerned to the Registrant and to procure their observance, and it is the Client who answers to the Provider for that. The rights this Contract confers on a Registrant — above all the right to obtain the Transfer Code for their own domain name (clause 5.7) — are conferred on them precisely as a third party and operate irrespective of the state of the Client's account.

2.4.2. Where such a Registrant's own duties come from. Not from this Contract, but from the rules of the domain zone concerned and from the .UA-DRP, which bind the person in whose name a domain name is registered whether or not that person is a party to this Contract and whether or not they have read it. The Provider neither makes nor changes those rules — it is obliged to apply them.

2.5. Application — an instruction formed by the Client for the performance of one Operation.

2.6. Operation — the registration of a domain name, the renewal of its term, the transfer of a domain name from another registrar or to another registrar, a change of particulars, the restoration of a domain name, and any other act provided for by the rules of the relevant zone and by the Price List.

2.7. Panel (called "personal account" in the site interface — the same thing) — the Provider's web interface at https://namespace.com.ua/account, for viewing the Client's Account and managing access to it. Available in it are: signing in to the Account; password recovery by e-mail; choice of interface language; viewing domain names, the Balance and the charges for operations, and the current prices by domain zone; viewing the Message Queue; changing the password; managing the list of permitted IP addresses and client certificates; changing the addresses to which the Provider sends notices. Creating an Account in the Panel yourself is disabled: the Account is created by the Provider on a request sent by e-mail. Domain name operations — placing an Order, renewal, restore and transfer of a domain name, changing a domain name's particulars, obtaining the Transfer Code — are not performed in the Panel: the Client orders them by an Application under section 3, sent by e-mail (clause 3.4). Access to the EPP interface is not provided under this Contract (clause 4.8) — it is provided only under the separate Distributor Agreement (clause 1.8). The Balance is topped up by bank transfer to the details set out on the Our Details page; settlement documents and any other action provided for by this Contract may be obtained or taken by e-mail to the address given on that same page. The Provider places no consequence of the Panel being unavailable on the Client, and no action of the Client may be refused on the ground that it was taken by e-mail rather than in the Panel.

2.8. Account — the totality of the particulars about the Client and the means of access to the Panel.

2.9. Balance — the sum of money paid by the Client to the Provider in advance and recorded in the Account, from which payment for Operations is debited.

2.10. Price List — the list of Services and their cost published by the Provider (clause 1.5).

2.11. Transfer Code (AuthInfo) — the character sequence that evidences authority to transfer a domain name to another registrar.

2.12. Consumer — a natural person who orders the Services for personal needs not directly connected with entrepreneurial activity or with the performance of the duties of an employee (article 1 of the Law of Ukraine "On Protection of Consumer Rights" No. 1023-XII).

2.12.1. Replacement of Law No. 1023-XII. The Law of Ukraine "On Protection of Consumer Rights" No. 1023-XII ceases to be in force on the day the Law of Ukraine "On Protection of Consumer Rights" No. 3153-IX enters into force (clause 3 of section IX “Final and Transitional Provisions” of Law No. 3153-IX), which enters into force one year after its publication but not earlier than the day martial law is terminated or lifted. From that day, every reference in this Contract to Law No. 1023-XII is to be read as a reference to the corresponding provisions of Law No. 3153-IX, and the scope of the Consumer's rights is determined by Law No. 3153-IX. The Provider undertakes to bring this Contract into conformity with Law No. 3153-IX before the day it enters into force; until that day, the provisions of this Contract that give the Consumer more rights than Law No. 3153-IX remain in force as an agreement of the Parties.

2.13. .UA-DRP — the .UA Domain Name Dispute Resolution Policy, in force since 15 February 2025, applied by the WIPO Arbitration and Mediation Center.

2.14. Public Domain Regulations — the Regulations on the specifics of registering private second-level domain names in the .UA domain and the regulations of the public domain, published by the administrator of the .UA domain at https://hostmaster.ua/policy/2ld.ua.

2.15. Rules of the domain zone — the body of Registry documents that determine the procedure for the registration and maintenance of domain names. Each of those documents is incorporated into this Contract by reference. For each of them, the full title, the person who makes and publishes it, and the address at which that person has published it are set out below:

These documents are established by the Registry, the Provider does not change them, and they prevail over this Contract within the limits set out in clause 1.7. The Provider's obligation to publish links to these documents is established by its contract with the operator of the register. A consolidated statement of the rules, periods and special conditions in force for each domain zone in which the Provider provides the Services is published by the Provider at https://namespace.com.ua/zones (the zones page; clause 13.5).

2.15.1. Which edition applies. The edition of the document concerned that applies to an Operation is the edition in force at the moment that Operation is performed. The Provider cannot guarantee the Client any unchanging edition: the Regulations are adopted and amended by the registries and not by the Provider, and in a case of urgent necessity amendments may take effect simultaneously with their publication, that is with no notice period whatsoever (clause 22.5).

2.15.2. Copies of editions. The Provider keeps a dated copy of every edition of the documents listed in clause 2.15 that was in force at the moment an Operation was performed on the Client's Application, and supplies such a copy to the Client on its request, including after the Registry has replaced that edition with a new one. The Provider assumes the obligation to keep such copies from the day this edition of the Contract enters into force; for editions in force before that day it is answerable only to the extent that copies have in fact been preserved. The retention period of a copy is not less than the general limitation period, that is three years (article 257 of the Civil Code of Ukraine), from the day the Operation concerned was performed.

3. The status of this document and the procedure for concluding the Contract

3.1. This document is a proposal to conclude a contract within the meaning of part one of article 641 of the Civil Code of Ukraine: it contains the essential terms of the contract and expresses the Provider's intention to regard itself as bound if it is accepted. The provision of part two of article 641 of the Civil Code of Ukraine on advertising as an invitation to make proposals does not apply to this document.

3.2. Under the third paragraph of part one of article 641 of the Civil Code of Ukraine, a proposal to conclude a contract is, in particular, documents (information) placed in open access on the Internet which contain the essential terms of a contract and a proposal to conclude a contract on the stated terms with anyone who applies, irrespective of whether those documents (that information) bear an electronic signature.

3.3. This Contract is a public contract (article 633 of the Civil Code of Ukraine) and a contract of adhesion (article 634 of the Civil Code of Ukraine): its terms are established by the Provider in a standard form and may be accepted by the Client only by adhering to the Contract as a whole.

3.4. Acceptance of this offer is the performance by the Client of any of the following acts:

• placing an Application in the Panel and paying for it;
• topping up the Balance;
• sending the Provider an Application by email to the address stated on the Our Details page, and paying for it — for as long as the act concerned is unavailable in the Panel (clause 2.7).

3.5. The performance of an act listed in clause 3.4 constitutes full and unconditional acceptance of the terms of this offer (parts one and two of article 642 of the Civil Code of Ukraine; part six of article 11 of the Law of Ukraine "On Electronic Commerce" No. 675-VIII). Acceptance of the offer with reservations or on other terms is not permitted.

3.6. The Contract is deemed concluded from the moment the Provider receives the acceptance (part three of article 11 of the Law of Ukraine "On Electronic Commerce" No. 675-VIII).

3.7. The Provider undertakes to send the Client without delay, to the email address stated in the Account, a confirmation that the Application has been received. Part eleven of article 11 of the Law of Ukraine "On Electronic Commerce" No. 675-VIII requires a confirmation of an electronic transaction to contain: the terms and procedure for the exchange (return) of goods or for refusal of the work or service; the name of the Provider, its place of business and the procedure for the receipt of claims; guarantee obligations and information about other services connected with the maintenance or repair of a good or with the performance of work or the provision of a service; the procedure for rescinding the contract, where its term is not defined. The Provider states all of these particulars in the confirmation; where an item has no subject matter under this Contract (in particular the exchange of goods and their maintenance and repair), that is stated expressly rather than passed over. The same part does not apply to electronic transactions connected with the one-off provision of electronic information services or of intermediary services in the information sphere paid for remotely; the Provider does not rely on that exception and sends a confirmation in every case. The confirmation is sent from the address stated on the Our Details page no later than the next working day after the Application is received.

3.7.1. Confirmation of information for a Consumer. In addition to the particulars under clause 3.7, the confirmation sent to a Client that is a Consumer repeats the information whose provision is required by part two of article 13 of the Law of Ukraine "On Protection of Consumer Rights" No. 1023-XII, and is sent in the manner provided for by part three of the same article (in writing or by electronic message). Part one of article 13 imposes no information duty — it lists the contracts to which the article does not apply. The period referred to in clause 20.2 depends on whether the confirmation meets the requirements of part three: where the confirmation is deficient, the period is 90 days rather than 14. The nine items of part two of article 13 are set out in this Contract as follows:

1. the name of the Provider, its place of business and the procedure for the receipt of claims — clause 1.2 and sections 4 and 9 of the Our Details page;
2. the main characteristics of the product — section 4 (the main characteristics of the Service and the limits of the Provider's obligation);
3. the price, including the delivery charge, and the payment terms — section 10; no delivery is made, the subject matter of the Contract being a service;
4. guarantee obligations and other services connected with the maintenance or repair of the product — not applicable for want of subject matter (clause 4.7); the limits of the Provider's obligation are set out in sections 4 and 17;
5. other terms of supply or of performance of the contract — sections 7 and 12–16;
6. the minimum duration of the contract, where it provides for periodic supplies of products or services — the Contract provides for no periodic supplies; the registration term of a domain name is set out in section 12;
7. the cost of electronic communications services, where it differs from the standard tariff — not applicable: the Provider does not provide electronic communications services;
8. the period during which the offer is open for acceptance — clauses 10.1 and 22.6: the offer stands in the edition published on this page until a new edition enters into force, and the price of an Operation is fixed at the moment the funds for the Operation are reserved (clause 2.7 of Payment and refunds) and is not revised afterwards;
9. the procedure for rescinding the contract — sections 20 and 21 and the document Payments and Refunds.

3.7.2. The list set out in clause 3.7.1 has been checked against the edition of part two of article 13 of Law No. 1023-XII in force as at 21 August 2026 (the edition of 24 December 2024): all nine items are present and correspond in content and numbering. Failure to provide this information entails liability under articles 15 and 23 of that Law (final paragraph of part two of article 13). The Provider undertakes to check this list against the edition of the law in force before publishing every new edition of this Contract, and without delay after every amendment to article 13.

3.7.3. The warning of the loss of the right of rescission. The confirmation of information sent to a Consumer must contain, as a separate paragraph, the following warning: "You have asked for the provision of the Service to begin immediately. From the moment the Registry confirms that the Operation has been performed, the Service will be deemed to have been provided and you will lose the right to rescind the contract in respect of it (clause 1 of part five of article 13 of the Law of Ukraine "On Protection of Consumer Rights" No. 1023-XII). Until that moment you may rescind the contract and receive a full refund of the money paid, to the Balance." In the absence of that warning in the confirmation, the Consumer's right of rescission subsists even after the Service has been provided in full (clauses 20.3 and 20.5).

3.8. The edition of this Contract in force is available for review on this page before the acts listed in clause 3.4 are performed. Part seven of article 11 of the Law of Ukraine "On Electronic Commerce" No. 675-VIII requires that the Client be given the text in a form permitting it to be stored and reproduced without alteration. The Provider discharges that requirement by a file the Client downloads: every edition — the one in force and any earlier one — is available in the Archive of revisions and can be downloaded as a single file. The file contains the text unaltered, the edition number, the date and the sha256 digest of the text itself; the same digest appears in the address of that edition's page, so a saved copy can always be checked against ours. In addition, on the Client's request addressed to the address stated on the Our Details page, the Provider sends any edition by email no later than the next business day.

3.9. The form of the Contract. Part twelve of article 11 of the Law of Ukraine "On Electronic Commerce" No. 675-VIII equates to written form an electronic contract concluded by the exchange of electronic messages and signed in the manner set out in article 12 of the same Law (a qualified electronic signature, a one-time identifier, or an analogue of a handwritten signature). This Contract is concluded in the manner set out in part six of article 11 — by performing an act whose meaning is clearly explained in the information system (clauses 3.4 and 3.5). What gives this Contract written form is not that provision but the Civil Code of Ukraine: a transaction is treated as made in written form where its content is recorded in electronic documents, or the will of the parties is expressed by means of electronic communication (part one of article 207), and separately where the parties have agreed to conclude the contract by means of information and communication systems (the second paragraph of part two of article 639). The Provider does not issue a one-time identifier, because none is needed for this. Where the law or this Contract requires a transaction to be in written form — in particular for the written application for a change of Registrant under clause 14.6 — that form is achieved by signing the document concerned by hand (a paper original or a scanned copy of the signed document) or with a qualified electronic signature under the Law of Ukraine "On Electronic Identification and Electronic Trust Services" No. 2155-VIII (clause 23.4). Whatever the form, the Contract is concluded and binds the Parties (article 629 of the Civil Code of Ukraine), and the record of the acceptance is retained as evidence (clause 3.11).

3.10. In performing the acceptance, the Client confirms that before payment it had the opportunity to review this Contract and the documents listed in clause 1.5 in full, and that the terms of the Contract are clear to it.

3.11. The Provider retains a record of the acceptance as evidence that the Client had the opportunity to review the terms of the Contract before accepting them. The record contains: the date and time of the act; the edition number of this Contract and of each of the documents listed in clause 1.5 in force at that moment; the identifier of the Account; the manner of acceptance (clause 3.4) and the identifier of the payment by which it was performed; the category the Client assigned itself under clauses 6.2—6.3, in the form in which it stated it; the text of the declaration under clause 20.4 in the edition that was shown to the Client; and a link to the archived copy of the corresponding edition (clause 22.7). The Client's category is a recorded fact and not an assumption of the Provider: for as long as Applications are submitted by email (clause 2.7), the statement of category is the corresponding sentence of the Application itself, and the record of it is that Application. In relation to a Client that has adhered to the Contract in connection with carrying on entrepreneurial activity, such a record has the significance provided for by part three of article 634 of the Civil Code of Ukraine (clause 6.4); in relation to a Client that is a Consumer, part three of article 634 does not apply and the record is ordinary evidence. The Provider retains the record for the term of the Contract and for three years after its termination — that period corresponds to the general limitation period (article 257 of the Civil Code of Ukraine). The Provider has put the keeping of that record in place: every revision of the documents listed in clause 1.5 is held in the Archive of revisions and is identified by the sha256 digest of its own text, and the record of acceptance carries that digest — so the revision in force at the moment of acceptance can not merely be named but produced and checked (clause 22.7).

3.12. The Provider has no right to refuse to conclude the Contract with the Client where it is able to provide the Services (part four of article 633 of the Civil Code of Ukraine). The impossibility of performing an Operation, arising from the rules of the domain zone, from the absence of the zone or of the operation concerned from the List of Zones (clause 8.6), or from a refusal by the Registry, is not a refusal to conclude the Contract.

3.13. Terms identical for everyone who applies. The terms of this Contract are established identically for all Clients, save for those to whom the law grants relevant privileges (part two of article 633 of the Civil Code of Ukraine). The Provider has no right to give one Client preference over another as regards the conclusion of this Contract (part three of the same article). Terms of a public contract that contravene part two of article 633 are void (part six of the same article) — that is, invalid irrespective of any court so holding.

3.13.1. "Consumer" in article 633 of the Civil Code of Ukraine is not the same as the Consumer in clause 2.12. For the purposes of article 633, a consumer is everyone who applies for the Services, including a natural person registered as an entrepreneur (individual entrepreneur) and a legal entity. The requirement of identical terms in this section therefore extends to all Clients without exception, and not only to those to whom the Law of Ukraine "On Protection of Consumer Rights" No. 1023-XII applies.

3.13.2. Prices, discounts and other terms are not set at the Provider's discretion. The cost of the Services is determined solely by the Price List (clause 10.1). Discounts, promotional and other differing pricing terms, if introduced, are established only according to objective criteria published in the Price List together with the term itself, and are applied automatically to every Client that meets those criteria, without any separate application, agreement or decision of the Provider. A criterion that depends on the Provider's assessment of a particular Client is not objective and is not applied.

3.13.3. Individual terms are not concluded. The Provider does not conclude contracts with individual Clients on terms differing from this Contract and the Price List, and does not grant individual prices, payment periods, limits or volumes of service. If, contrary to this, any Client is in fact granted a term better than the published one, that term is deemed part of the Price List from the moment it was granted and becomes available to every Client meeting the same objective characteristics; the Provider publishes it, and the corresponding criteria, without delay.

3.13.4. Clauses 3.13–3.13.3 do not extend to the Distributor Agreement: it is a separate contract with a different subject matter (access to the EPP interface for the automated submission of Applications), is not a public contract, and is concluded only with the persons referred to in clause 1.8, after Admission — the Provider's decision to grant access to the platform following the verification for which that agreement provides. Admission is not an accreditation (clause 1.8). This does not deprive any person of the right to conclude this Contract and receive the Services on terms identical with everyone else's.

4. Subject matter of the Contract. The limits of the Provider's obligation

4.1. The Provider undertakes to provide the Client with the following Services:

• to accept Applications and transmit them to the relevant Registry;
• to communicate the Registry's response to the Client;
• to keep the particulars of the Client's domain names up to date in accordance with the Client's instructions;
• to provide access to the Panel and to the settlement documents;
• to inform the Client of any additional conditions of the Registry on whose performance by the Registrant the delegation of the domain name depends — in particular of the need to confirm the registration through a separate channel of communication (clause 7.9).

4.2. The Provider does not maintain the Register and does not create domain names. A domain name comes into existence, changes and ceases to exist solely as a result of acts of the Registry. The Provider acquires no rights in the domain names registered on the Client's Applications and does not dispose of them.

4.3. The Provider does not guarantee that any particular domain name will be registered. The Provider's obligation is to transmit a duly completed Application to the Registry and to inform the Client of its outcome. The decision on registration is taken by the Registry.

4.4. Where the Provider offers a domain name availability check, its result reflects the particulars of the Register at the moment of the query and is not a reservation. The domain name may be registered by another person in the interval between the check and the subsequent processing of the Application.

4.5. The time taken by the Registry to process an Application does not depend on the Provider. For domain zones covered by the Public Domain Regulations, that time may not exceed 120 hours (the Public Domain Regulations). An Application is deemed accepted for processing from the moment the Registry has given the Provider the corresponding confirmation (the Public Domain Regulations). That period is established by the Regulations themselves, and not by a contract with any individual administrator or operator of the register, and it therefore applies in every zone covered by the Regulations irrespective of which person technically operates the registration system of that zone. Processing times in zones covered by other regulations are set out on the zones page (clause 13.5).

4.6. The performance of an Operation may be asynchronous: the Panel shows the state of the Application as accepted for performance, while the final outcome becomes known once the Registry's response has been received. Acceptance of an Application for performance is not a confirmation that the domain name has been registered.

4.7. The subject matter of this Contract does not include, and the following services are not provided separately: the development, hosting and maintenance of websites; email services; the hosting of the Client's domain names on the Provider's name servers (DNS hosting), unless expressly provided for by the Price List; the legal assessment of the rights of the Client or of third parties in a designation. This clause defines which services the Provider sells; it does not concern which technical systems it operates as an accredited registrar.

4.8. Access to the EPP interface for the automated submission of Applications is not granted under this Contract. Such access is granted to the persons referred to in clause 1.8 on the terms of a separate contract — the Distributor Agreement.

4.9. DNSSEC. The DNSSEC extension makes it possible to verify cryptographically the authenticity of Domain Name System responses and to prevent the substitution of the particulars of a domain name. The Provider informs the Client of the possibility of using DNSSEC and of the specifics of working with it: the keys are managed by whoever operates the domain name's name servers; an error in a DNSSEC record, or a key not replaced in time, makes the domain name unreachable for most users even where the name servers themselves are working correctly. The procedure for working with DNSSEC is determined by the DNSSEC Extension Regulations of the Registry concerned (clause 2.15). The list of domain zones in which the Provider supports DNSSEC, and the procedure for submitting and changing DNSSEC records, are set out on the zones page (clause 13.5). The registries of some zones do not accept DNSSEC records at all, or permit them only after the registrar has passed their testing; until that testing is passed, DNSSEC is not offered in the zone concerned. The use of DNSSEC in a zone for which it is not listed on the zones page is impossible.

5. The Account and access to the Panel

5.1. In order to obtain the Services, the Client creates an Account and states in it accurate particulars, including a valid email address.

5.2. The Client is itself responsible for keeping its credentials secret and bears responsibility for all acts performed using its Account. The blocking of the Account under clause 5.3 is performed at the Client's request and does not alter the allocation of responsibility established by this clause.

5.3. Should the Client lose control of the Account, or suspect unauthorised access, it shall notify the Provider without delay. At the Client's request and in the Client's interest the Provider blocks access to the Account. The block is a protective measure taken on the Client's application, not a sanction, and is not a suspension of the provision of the Services within the meaning of clause 15.3.

5.3.1. What the block does not stop. A block does not stop the running of the registration term of the Client's domain names and does not postpone any of the periods set out in sections 12 and 13. A domain name whose registration term expires during a block will be deleted by the Provider within the period set out in clause 13.8 unless it is renewed.

5.3.2. Renewal and other acts during a block. Throughout the block the Provider accepts and performs the Client's instructions to renew, restore and transfer a domain name and to change its particulars, submitted by email from the address stated in the Account or by another means agreed with the Client in writing during the block. The Provider performs such an Operation itself on the Client's instruction; the unavailability of the Panel or of the Account is not a ground for failing to perform such an instruction. Together with the confirmation of the block, the Provider informs the Client without delay of that possibility, of the nearest date on which the registration term of each of its domain names expires, and of the date on which each of them will be deleted under clause 13.8 unless it is renewed.

5.3.3. Duration of the block. The block operates until access is restored in the manner set out in clause 5.5. If the Client has not applied for the restoration of access and does not answer the Provider's enquiries within 30 calendar days of the day of the block, the Provider notifies the Client at the address stated in the Account of its intention to lift the block and lifts it 10 calendar days after that notice, unless the Client objects. A block for a longer period is applied only at the demand of a competent state authority or of the Registry.

5.3.4. Notification of the Registry. On receiving a notice from the Client under this clause, or on otherwise detecting unauthorised access to the Account, to the Panel or to the Provider's systems, the Provider immediately notifies the operator of the register and the administrator of the public domain concerned. That is an obligation of the Provider as an accredited registrar and not a choice of its own, and the Client agrees to it. The notification contains only the particulars those persons need in order to assess the risk to the registration system, and is not a disclosure of the content of the Client's application to third parties within the meaning of section 19.

5.3.5. Locking the domain name at the registry itself. At the Client's request the Provider additionally places a transfer prohibition (clientTransferProhibited) on the Client's domain names and, where the Client specifically asks for it, a suspension of delegation (clientHold). Those markers are placed in the register of the zone concerned, not merely in the Provider's own systems, so they also operate against attempts to transfer the domain name made without going through the Account. A suspension of delegation makes the website and the mail at that domain name unreachable, so it is applied only at the Client's express request or at the demand of a competent state authority or of the Registry. The markers are removed at the Client's request in the manner set out in clause 5.5.

5.3.6. What those markers do not change. They do not stop the running of the registration term (clause 5.3.1) and are not a suspension of the provision of the Services within the meaning of clause 15.3. Renewal, restoration and changes of particulars remain available in the manner set out in clause 5.3.2. At the same time, throughout the block the Provider does not itself initiate the deletion of a domain name for reasons of its own, in particular to avoid its own costs: deletion is possible only through the expiry of the registration term in the manner set out in clause 13.8.

5.4. Where the Provider offers multi-factor authentication or restriction of access by network address, the Client may make use of them; enabling them does not alter the allocation of responsibility established by clause 5.2.

5.5. The Provider has the right to require documentary confirmation of the identity of the Client, or of the authority of a person acting on its behalf, solely in the following cases: an application for a refund, a change of Registrant, restoration of access to the Account, and a reasonable suspicion of unauthorised use of the Account. The list is exhaustive, and the requirement is applied identically to all Clients in the same circumstances (clause 3.13). The volume of particulars requested is limited to what is indispensable for performing the act concerned (part four of article 7 of the Law of Ukraine "On Electronic Commerce" No. 675-VIII). This clause does not extend to an application by a person who is not a Client, under clause 5.7.

5.5.1. What the Provider accepts as confirmation. The list of means of confirmation is exhaustive; the Provider requires no other means and does not refuse to perform an act where any one of them has been supplied:

• an electronic document signed with the qualified electronic signature of the person, including by means of "Diia.Signature", sent in the manner set out in clause 23.4. That means is sufficient in itself: no additional confirmation of identity is required in that case;
• a handwritten signed application — a paper original sent to the Provider's postal address, or a scanned or photographed copy of it sent by email — together with a copy of the applicant's identity document;
• for a legal entity — an application signed by its director or another authorised person, and the particulars by which the legal entity can be found in the Unified State Register of Legal Entities, Individual Entrepreneurs and Civic Formations (the Unified State Register of Legal Entities, Natural Persons — Entrepreneurs and Public Formations). Where the application is signed with the qualified electronic signature of the director named in that Register, no separate document of authority is needed: such a signature has the same legal force as a handwritten one and carries a presumption that it corresponds to one (part six of article 18 of the Law of Ukraine «On Electronic Identification and Electronic Trust Services» No. 2155-VIII), the particulars of the director are public, and the Provider checks them itself and at no cost. A document of authority (an order, minutes, a power of attorney) is needed only where the application is signed by a person who is not named as director in that Register;
• for a representative — a power of attorney or another document evidencing authority, together with a copy of the representative's identity document.

In ordinary circumstances the Provider does not require the Client to supply photographs holding a document, handwriting samples, selfies or video recordings, and it never requires the original of an identity document to be sent. Where the Provider is left with a reasoned doubt that an application comes from the Client — in particular where a document shows signs of forgery, or where contradictory applications are made about one Account — the means of resolving it is a qualified electronic signature (including "Diia.Signature"). It is stronger evidence than any photograph and does not create for the Client the risk that holding an image of them with their document creates. Another means of confirmation is used only where the Client objectively cannot sign with such a signature (a non-resident, in particular), only by agreement with the Client, and to the minimum extent; the Provider records the RESULT of such a check and does not retain the images or the recording themselves (part three of article 6 of the Law of Ukraine «On the Protection of Personal Data» No. 2297-VI: the composition and content of personal data must be relevant, adequate and not excessive in relation to the declared purpose of their processing). Copies of documents obtained under this clause are retained and destroyed in the manner established by the Privacy Policy.

5.6. Transfer of the Account to a third party without the Provider's consent is not permitted.

5.7. Application by a Registrant that is not the Client. The person in whose name a domain name is registered has the right to apply to the Provider directly in respect of that domain name — in particular for the Transfer Code — irrespective of whether it has an Account and of whether the domain name was ordered through another person (clause 2.4). Such an application is sent to the address stated on the Our Details page. The Provider has the right to require such a person to confirm its identity or authority to the extent without which the act concerned cannot be performed; the means of such confirmation are the same as those set out in clause 5.5.1 and are additionally published on the Our Details page. The state of settlements between that person and the Client, or between the Client and the Provider, has no bearing on the handling of such an application (clause 14.3.1).

5.8. Channels that do not establish the identity of the person applying. The telephone, messengers and chat do not make it possible to establish that it is the Client, or the Registrant, that is applying, and the Provider therefore uses them solely as information and consultation channels. On an application made by telephone, in a messenger or in chat, the Provider does not perform any of the following acts: a change to the particulars of the Client, of the Registrant or of the contacts of a domain name; a change to the email address of the Account; a password reset; disabling multi-factor authentication; supplying the Transfer Code; submitting an Application; a refund; blocking or unblocking the Account; a change of Registrant. Such acts are performed only on an application made in the manner set out in section 23 and, where clauses 5.5.1 and 14.6 so provide, with confirmation of identity. By this clause the Provider limits itself; it imposes no obligation on the Client and does not deprive the Client of the right to apply through any channel.

6. The status of the Client

6.1. Those provisions of this Contract which are expressly marked as relating to a Consumer apply only to a Client that meets the characteristics set out in clause 2.12.

6.2. Two independent characteristics, not one. The legal regime of the relationship with a Client is determined by two separate characteristics, which do not coincide and each of which is tested on its own:

• whether the Client is a Consumer — that is, a natural person who orders the Services for personal needs not directly connected with entrepreneurial activity or with the performance of the duties of an employee (clause 2.12, article 1 of the Law of Ukraine "On Protection of Consumer Rights" No. 1023-XII). The application of that Law depends on this characteristic, including the right to rescind a distance contract (section 20) and the review of contract terms for fairness;
• whether the Client adhered to this Contract in connection with carrying on entrepreneurial activity (part three of article 634 of the Civil Code of Ukraine). The application of clause 6.4 depends on this characteristic.

A Client that orders the Services for the purposes of its entrepreneurial or independent professional activity is not a Consumer. The Law of Ukraine "On Protection of Consumer Rights" No. 1023-XII does not apply to relations with such a Client.

6.2.1. Persons who are not Consumers but who also did not adhere to the Contract in connection with carrying on entrepreneurial activity. There is a gap between the two characteristics set out in clause 6.2, and the Provider names it expressly. That group includes, in particular:

• a natural person who orders the Services otherwise than for personal needs and is not registered as an entrepreneur — such a person is not a Consumer under clause 2.12; at the same time, the absence of state registration as an entrepreneur does not deprive that person of the right to conclude this Contract: a person who carries on entrepreneurial activity without such registration has no right to contest the transactions it has entered into on the ground that it is not an entrepreneur (part three of article 50 of the Civil Code of Ukraine);
• a non-entrepreneurial society and any other non-entrepreneurial legal entity — a civic organisation, a charitable organisation, a religious organisation, an association of co-owners of a multi-apartment building and the like (article 85 of the Civil Code of Ukraine);
• a natural person carrying on independent professional activity — in particular an advocate, a private notary, a private enforcement officer, an insolvency practitioner, an auditor, a valuer (subclause 14.1.226 of clause 14.1 of article 14 of the Tax Code of Ukraine), where that person is not registered as an individual entrepreneur;
• a budgetary institution — a state authority, a local self-government body and an organisation created by them that is maintained entirely from the state or a local budget (clause 12 of part one of article 2 of the Budget Code of Ukraine), and any other legal entity of public law (article 81 of the Civil Code of Ukraine).

None of these persons is a Consumer, and none of them gives the Provider the protection provided for by part three of article 634 of the Civil Code of Ukraine. Relations with them are governed by the general provisions on freedom of contract (article 627 of the Civil Code of Ukraine) and by this Contract in full, save for the provisions expressly marked as relating to a Consumer and save for clause 6.4. The Provider extends to them neither the restrictions established for a Consumer nor advantages that the law does not establish for them.

6.2.2. A separated subdivision is not a party to the Contract. A branch, a representative office and any other separated subdivision is not a legal entity (part three of article 95 of the Civil Code of Ukraine). The party to this Contract is the legal entity itself; the head of a branch or representative office acts under a power of attorney issued by it (part four of article 95 of the same Code). The Account is opened in the name of the legal entity, settlement documents are made out to it, and it is answerable for all obligations under this Contract regardless of which of its subdivisions actually uses the Services.

6.2.3. A second legal entity is a different Party, not the same Client. Where the Services are ordered by a further legal entity connected with the Client (the same owner, the same group of companies, a common director), that entity accedes to this Contract in its own right and has its own Account. Clause 6.2.2 concerns the subdivisions of one person and does not extend to this case: a branch is the same Party, a second legal entity is another one.

6.2.3.1. Balances are not mixed. The Balance of each Account belongs to the person in whose name it was opened and may not be used to pay for another person's Operations, however close the connection between them. Money received from one person into another's Balance is not credited and is returned to the payer in the manner set out in Payment and refunds. The Client's category (clauses 6.2—6.3), the applicable price list and every period are determined separately for each person.

6.2.3.2. The transfer of a domain name between connected persons is effected in the manner set out in section 14 (change of Registrant) or by transfer to another registrar — a connection between the persons does not of itself create a simplified procedure.

6.3. The Provider proceeds on the basis that the Client is a Consumer until the Client has stated otherwise in writing; the burden of proving the contrary lies with the Provider. A Client that orders the Services for the purposes set out in clause 6.2, or that belongs to one of the groups listed in clause 6.2.1, states this when placing an Application or in the Application itself, warrants the accuracy of the status stated, and undertakes to notify the Provider of any change in it. The category stated by the Client is recorded in the record of the acceptance (clause 3.11) and is thereafter a recorded fact and not an assumption: the Provider applies the regime corresponding to the category stated until the Client states a different one or until the statement is shown to be untrue. Failure to state a category is not a ground for rejecting an Application: in that case the Client is treated as a Consumer.

6.4. A Client that has adhered to this Contract in connection with carrying on entrepreneurial activity has no right to demand the alteration or rescission of the Contract on the grounds provided for by part two of article 634 of the Civil Code of Ukraine, if the Provider proves that the Client knew or could have known the terms of the Contract (part three of article 634 of the Civil Code of Ukraine).

7. The procedure for submitting and performing an Application

7.1. An Application is submitted by one of the two means named in clause 3.4: in the Panel or — while the corresponding action is unavailable there (clause 2.7) — by email to the address stated on the Requisites page. As at the date of this edition, creating an Application in the Panel is unavailable, and Applications are accepted by email. Before submitting the Application, the Client itself verifies the correctness of the spelling of the domain name, of the registration term and of the particulars of the Registrant.

7.2. An Application is accepted for performance provided that the remaining Balance is sufficient to pay for the Operation under the Price List.

7.3. The Provider transmits the Application to the Registry without delay after the money has been debited from the Balance, save where the Registry is technically unavailable or has applied rate limits on requests. In such cases the Application is transmitted once the possibility of transmitting it is restored.

7.4. From the moment an Application is transmitted to the Registry it cannot be withdrawn by the Provider.

7.5. The Service is deemed to have been provided from the moment the Provider receives the Registry's confirmation that the Operation has been performed.

7.5.1. The Provider's own obligation under clause 4.1 in respect of a particular Application is deemed performed from the moment that Application is transmitted to the Registry: from that moment the Provider has done everything that constitutes the subject matter of its obligation (clauses 4.2 and 4.3) and cannot withdraw the Application (clause 7.4). This clause does not alter the moment referred to in clause 7.5 and does not limit the Consumer's rights under section 20.

7.5.2. Acceptance of an Application is not performance of the Operation. An Operation is deemed performed only from the moment referred to in clause 7.5 — when the Registry has confirmed that it has been performed. Neither the acceptance of an Application for performance, nor the debiting or reservation of money, nor the transmission of the Application to the Registry, nor the display of the Application in the Panel as accepted is a confirmation that the Operation has been performed (clause 4.6).

7.5.3. How the Provider communicates the outcome. The Provider communicates the outcome of every Operation — performance, refusal by the Registry, or the need to supply additional particulars — to the Client by email to the address stated in the Account, without delay after receiving the Registry's response, and, as soon as the act concerned becomes available in the Panel, additionally shows its state in the Panel. This Contract provides for no other channel for communicating the outcome of an Operation: access to the EPP interface and to the message queue is not granted under this Contract (clause 4.8). The fact that determines whether an Operation has been performed is the Registry's confirmation, not the Client's receipt of a message. The Provider is not answerable for the operation of the Client's mail server or for intermediate mail providers; at the Client's request it communicates the current state of any Application at any time, free of charge. This provision does not extend to those notices whose sending is a condition of a right of the Provider itself arising — in particular the reminders under clause 12.7, the confirmation under clause 12.5 and the notice of deletion under clause 13.10: those are governed by the consequences established by clauses 12.6 and 13.10, and the Provider bears the burden of proving that they were sent (clause 23.5).

7.5.4. Where the Client acts in the interests of the Registrant. A Client that orders a domain name in the name of another person (clause 2.4) has no right to inform the Registrant that the Operation has been performed before the moment referred to in clause 7.5 has arrived, and no right to present the acceptance of an Application as its performance. The Client may inform the Registrant without restriction of the progress of the Application — of its submission, of the wait for the Registry's response, of a request for additional particulars. This clause establishes a requirement that a statement of fact be accurate and does not otherwise regulate how the Client communicates with the Registrant.

7.6. If the Registry has refused to perform the Operation, the money debited for that Operation is returned to the Client's Balance in full. The Provider is not answerable for the Registry's decision to refuse: the Registry takes that decision independently (clauses 4.2 and 4.3). This stipulation does not deprive the Client of the rights conferred on it by law and does not apply in the cases set out in clause 17.3, in particular where the refusal was caused by an act or omission of the Provider itself.

7.7. If the Operation was performed in accordance with the Application but the Application contained an error made by the Client (in particular, an incorrect spelling of the domain name or a wrong registration term), the Service is deemed to have been provided properly and the money is not refundable, because the Registry has already performed the act concerned and has charged its own fee.

7.8. The Registry may require additional particulars or documents as a condition of performing an Operation. In that case, the time taken to process the Application runs from the moment the Client supplies all the particulars requested.

7.9. Special conditions for the performance of Applications. The rules of individual domain zones lay down additional conditions that are checked before an Application is transmitted to the Registry, or on which the delegation of the domain name depends, in particular:

• reserved designations — a list of designations that cannot be registered in that zone on any Application;
• the mandatory set of contacts — the requirement to state, in addition to the Registrant, the administrative, the technical and (in some zones) the billing contact of the domain name;
• confirmation of the registration through a separate channel of communication — in some zones a domain name remains undelegated after registration until the Registrant confirms the registration by the means established by the Registry (in particular by SMS to the number stated in the particulars of the contact); the Provider gives notice of such a condition (clause 4.1) but cannot perform the confirmation in the Registrant's place;
• restrictions on registration in zones where new registration has been discontinued, and in zones that form a mirror group (clause 14.1.1);
• restrictions on the registration term shorter than those set out in clause 12.1.

The special conditions in force for each zone, together with the procedure for the maintenance of a domain name where it is not serviced by a registrar (clause 13.7) and a link to the corresponding regulations of the Registry, are published on the zones page (clause 13.5).

8. Special terms for second-level domain names in the .UA domain

8.1. The Provider provides the Services in a domain zone only where it holds a valid contract with the administrator of the public domain concerned and that administrator has permitted it to perform the operations concerned. The list of zones and operations in force is set out in clause 6.4 of the Our Details page (the List of Zones) and is the only confirmation that a zone is serviced. This section applies only where and for as long as the second-level .UA domain appears in the List of Zones. A private second-level domain name in the .UA domain is delegated only on condition that it, or a part of it, coincides in spelling with a trademark whose rights of use in Ukraine belong to the Registrant (the .UA Regulations).

8.2. In ordering such a domain name, the Client declares and warrants that the Registrant holds the corresponding rights, and states in the Application the number of the corresponding certificate (licence), which the Provider transmits to the Registry unchanged. The Provider has the right to request supporting documents in the manner set out in clause 9.5.

8.3. The Provider does not verify rights in a trademark and does not assess whether the domain name corresponds to a trademark. The Provider checks only the format of the certificate number stated by the Client and transmits it to the Registry. The decision whether the domain name corresponds to a trademark, and whether to delegate it, is taken by the Registry (clauses 4.2 and 4.3). The Provider does not assess the validity, scope or subsistence of rights in a trademark, does not establish whether there is a dispute over them, and is not answerable for the consequences of such an assessment carried out by the Registry. The consequences of the declarations and warranties given by the Client under clause 8.2 being untrue are borne by the Client.

8.4. For third-level domain names in public domains, holding a trademark is not a condition of registration. The list of such zones is set out in the List of Zones (clause 6.4 of the Our Details page).

8.5. A refusal by the Registry to register on grounds of non-compliance with the requirements set out in clause 8.1 is not a breach of the Contract by the Provider; the consequences of such a refusal are governed by clause 7.6.

8.6. The mention of a domain zone in this Contract is an explanation of the rules, not an offer to provide a service. The Provider's obligation to provide a Service in a particular zone arises solely from the List of Zones as at the date the Application is submitted. The List of Zones is given operation by operation: in some zones new registration has been discontinued while renewal, transfer and restoration remain available for domain names already registered.

9. Obligations of the Registrant. Particulars of the Registrant and contact data

9.1. The Client is obliged to supply accurate, complete and current particulars of the Registrant, and of the administrative, technical and billing contacts of the domain name, in the composition required by the rules of the relevant domain zone (clause 7.9). The Client warrants the accuracy and completeness of those particulars and, where the Registrant is another person, procures that person's confirmation of them (clause 2.4.1).

9.2. Should those particulars change, the Client is obliged to update them in the manner set out in clause 2.7 — by an Application sent by e-mail, and, once the corresponding action becomes available in the Panel, in the Panel as well — within 10 calendar days of the change. The running of that period is suspended for as long as the Client is deprived of the technical means of making the change for reasons attributable to the Provider, including for the duration of a block of the Account under clause 5.3; on the Client's application the Provider makes such changes itself (clause 5.3.2).

9.3. The Client is obliged to keep valid the email address stated in the Account and in the particulars of the domain name. The risk of adverse consequences of failing to receive notices because of an outdated or non-working address is borne by the Client.

9.4. Inaccuracy of the particulars of the Registrant is a ground for suspending the provision of the Services in respect of the domain name concerned and, under the rules of the Registry, for terminating delegation or removing the domain name from the Register. That ground does not apply while the period referred to in clause 9.2 is running, including during any time for which its running is suspended.

9.5. The Provider has the right to require documentary confirmation of the particulars supplied, and the Client is obliged to provide it within 10 working days of receiving the request or, where the Registry has set a shorter period, within the period set by the Registry, which the Provider states in the request itself. The running of that period is suspended on the same grounds as the running of the period under clause 9.2. The requirement is applied identically to all Clients in the same circumstances (clause 3.13), and the volume of particulars requested is limited to what is indispensable for performing the Operation.

9.6. Accuracy of particulars on a change of registrar or Registrant and on early deletion. The Client is obliged to ensure, and where the Registrant is another person to procure from that person (clause 2.4.1), the accuracy of the particulars by which the Registrant is identified, in particular before a domain name is transferred to another registrar, before a change of Registrant, before the early deletion of a domain name, and no later than 10 calendar days before this Contract terminates. The Provider owes the same duty to the Registry, and the Client's failure to perform it deprives the Provider of the means of performing that duty.

9.7. The Client's transfer of third parties' personal data. Where the Client states in an Application particulars of another person — the Registrant, or the administrative, technical or billing contact — the Client warrants that the transfer of those particulars to the Provider and to the Registry is carried out in compliance with the Law of Ukraine "On Protection of Personal Data" No. 2297-VI and (for persons located in the European Union) Regulation (EU) 2016/679, and does not infringe those persons' rights. The Client undertakes itself to inform such persons of the composition and content of the personal data transferred, of the purposes and aims of the processing, of the persons to whom the data are transferred (clause 19.6), and of how their rights may be exercised (section 8 of the Privacy Policy). The Provider cannot discharge that duty in the Client's place, because it receives the particulars of those persons from the Client and not from them.

9.8. The Registrant's particulars are not published by default, and are not replaced by someone else's either. The Registrant's personal data are not published in the WHOIS and RDAP services without that person's consent — that is how they are kept private, and it is available in every zone in which the Provider provides the Services (clause 19.4). What the Provider does not offer is an anonymised (proxy) contact: the possibility of stating another person's particulars in the record of a domain name instead of the Registrant's own. The Registrant's true particulars are transmitted to the Registry (clause 19.3). The difference matters: in the first case the Registrant remains the person the domain name is recorded to and is simply not visible to outsiders; in the second, someone else is what the record says. Should the Provider introduce a proxy contact in future, its terms will be set out in this clause and in the Price List, not in a separate document.

9.9. The Client's response time. The Client is obliged to respond to enquiries from the Provider that have been forwarded from the registry or from third parties and that concern the Client's domain names within 3 working days of the day the enquiry is sent. Within 24 hours of the moment the enquiry is sent, the Client is obliged to respond where the enquiry concerns at least one of the following subjects:

• the appropriation of other persons' credentials (phishing), or the forgery of a third party's page or service;
• the distribution of malicious software, the control of infected devices, or the hosting of infrastructure for controlling them;
• material that constitutes an immediate threat to human life or health, and material that exploits children;
• any other circumstance in respect of which the registry or a competent state authority has set a period shorter than 3 working days.

The Provider states the applicable period and its ground in the enquiry itself; where none is stated, the period of 3 working days applies. A failure to reply may deprive the Provider of the means of performing its own duty to the registry within the period the registry has set, and is a ground referred to in clause 15.3. This clause imposes no obligation on the Client to respond immediately outside the periods stated and establishes no period shorter than 24 hours.

9.9.1. Where the Provider's period expires before the Client's. The registry operator sets its own period within which the Provider must reply, and that period may equal the period stated in clause 9.9 or be shorter than it. In that case an answer given by the Client on the last day reaches the Provider once its own period has already expired, and the consequence of silence is the suspension of delegation or the blocking of the domain name by the registry operator. Accordingly, where an enquiry concerns the Client's domain name and the registry operator has set a period for the Provider's reply, the Provider states in the enquiry itself a shorter period for the Client, together with its basis and a statement of the consequence. That period may on no account be shorter than 24 hours (clause 9.9) and may not be shorter than is needed for the Provider to reply to the registry operator in time. The Provider is not liable for a suspension of delegation or a blocking of the domain name caused by the Client's failure to answer within the period stated; it is liable for failing to send the enquiry at all, or for failing to state the period in it.

10. Cost of the Services, the Balance and the payment procedure

10.1. The cost of the Services is determined by the Price List in force at the moment the Application is confirmed, and is stated in hryvnia.

10.2. The cost of a Service is a single final sum stated in the Price List. Its internal structure, including the amount of the fee the Registry charges the Provider for the Operation concerned, is confidential information of the Registry and is not published. This does not limit the Client's right to obtain a full breakdown of the sum it has itself paid under section 11.

10.3. The Provider is on the simplified taxation system, group three, paying the single tax at the rate of 5 per cent of income (clause 293.3 of article 293 of the Tax Code of Ukraine) and the military levy (clause 16-1 of subsection 10 of section XX of the Tax Code of Ukraine). The Provider is not registered for value added tax. Prices are stated exclusive of value added tax; VAT invoices are not issued. The particulars as to the inclusion of taxes in the cost of a service are given pursuant to the seventh paragraph of part one of article 7 of the Law of Ukraine "On Electronic Commerce" No. 675-VIII (part one of that article is divided into paragraphs, not into numbered clauses).

10.4. The price of an Operation is fixed at the moment the Application is confirmed and does not change as a result of any subsequent change to the Price List. The basis is that a contract binds the Parties (article 629 of the Civil Code of Ukraine) and that it may be changed only in the manner established by the contract itself (part one of article 651 of the Civil Code of Ukraine).

10.5. Money credited to the Balance is a prepayment for the Provider's Services. It is not a deposit, is not electronic money, is not used for settlements with third parties, and bears no interest.

10.6. The money needed to pay for an Operation is reserved on the Balance at the moment the Application is accepted for performance and becomes a debit from the moment referred to in clause 7.5. If the Operation is not performed on the grounds set out in clause 7.6, the reservation is released and any money already debited is returned to the Balance.

10.7. The Services are provided against prepayment. Credit, including the grant of a credit limit or the possibility of a negative Balance on the Client's Application, is not provided for by this Contract. The only case in which the Client may come to owe the Provider money after a Service has been provided is an automatic renewal carried out by the Registry (clauses 12.4 and 12.6): the Provider is obliged to pay the Registry for such a renewal irrespective of the state of the Client's Balance, and the resulting debt of the Client is a debt for a Service actually provided and not credit. The provisions of clauses 15.3, 17.9 and 21.2 concerning debt relate solely to that case.

10.8. Payment methods. Payment is made by non-cash transfer of money to the Provider's bank account, the details of which are set out in section 5 of the Our Details page: in hryvnia — to the account with JSC "UNIVERSAL BANK"; in US dollars and in euro — to the corresponding foreign-currency accounts, for payers outside Ukraine. Cash, payment cards and other payment instruments at the place where the service is provided are not accepted. In the payment purpose the Client states the number of the invoice or the identifier of the Account; without this the payment cannot be matched to the Account and its crediting is delayed. A payment is deemed received from the moment the money is credited to the Provider's account; the money is credited to the Balance no later than the next working day after that moment. Fees of payment systems and banks, including correspondent banks, are borne by the Client. Money received in a foreign currency is credited to the Balance in hryvnia at the official National Bank of Ukraine rate on the date of crediting.

10.8.1. Payment made for the Client by another person. The Client's obligation to pay for the Services may be performed for it by another person (article 528 of the Civil Code of Ukraine). Such a payment is credited to the Client's Balance only where the payment purpose shows unambiguously which Account, or which invoice, it was made for. A payment for which the Account cannot be established is not credited to the Balance and is returned in the manner set out in the document Payments and Refunds. The person who made the payment for the Client does not become a party to this Contract, acquires no rights in respect of the Balance, the Applications or the domain names, and has no right to demand either Services or a refund from the Provider; the refund is made to the Client in the manner set out in that document. The Provider does not accept payments for the Client in cash and does not accept payments from persons subject to the restrictions set out in clause 15.8.

10.9. Settlement operations. The Provider accepts exclusively transfers of money from account to account through banks (clause 10.8). Such payment is not a settlement operation within the meaning of article 2 of the Law of Ukraine "On the Use of Cash Registrars in Trade, Public Catering and Services" No. 265/95-VR, which defines a settlement operation as the acceptance from a purchaser of cash, payment cards, payment cheques, tokens and the like at the place where goods (services) are supplied, or the issue of a settlement document where a bank payment card is used. Accordingly, no cash registrar or software cash registrar is used, and no fiscal receipt is issued. Payment is evidenced by the Client's bank document and by the Provider's invoice (section 11). Should the Provider in future begin to accept payments by payment card, that will be stated in this clause before it begins to accept such payments.

10.10. The grounds for, and the procedure and time limits of, the refund of money are set out in a separate document — Payments and Refunds.

11. Settlement documents

11.1. The Parties have agreed that the fact that the Services have been provided is evidenced by an invoice signed by the Provider, without drawing up an act of services rendered (a bilateral services-rendered certificate, the primary accounting document customarily signed by both parties in Ukraine). This term is established under article 9 of the Law of Ukraine "On Accounting and Financial Reporting in Ukraine" No. 996-XIV, in the wording of the Law of Ukraine No. 4791-IX in force from 1 April 2026, which permits such a manner of documenting provided that it is stipulated by the contract. This does not exclude the drawing up of a bilateral act of services rendered at the Client's request; such a certificate is not a condition of evidencing that the Services have been provided and does not alter the procedure established by this clause. The condition of a “contract concluded in writing”, which that article requires, is met. A transaction is considered to have been made in written form where its content is recorded in one or more documents, including electronic ones, or where the parties' will is expressed by an electronic means of communication (part one of article 207 of the Civil Code of Ukraine); a signature (part two of the same article) is a sufficient mark of written form, not a necessary one. The written form of this Contract therefore follows from article 207 of the Civil Code, not from part twelve of article 11 of Law No. 675-VIII, on which the Provider does not rely (clause 3.9). The Client, including a non-resident, signs no settlement document at all: the Provider signs them.

11.2. The invoice contains the date or period of provision of the Services, the content and volume of the Operation, and the remaining mandatory particulars of a primary accounting document.

11.3. Settlement documents are sent to the Client by email to the address stated in the Account, in PDF format, no later than the next working day after the Operation is performed or the payment is received, and — as soon as the act concerned becomes available in the Panel — are additionally made available in the Panel. On the Client's request the Provider re-sends any settlement document. The Provider retains settlement documents for the period established by the tax legislation of Ukraine. The automatic issue and sending of those documents is one of the things the Provider puts in place before it begins to accept Applications under this Contract (clause 3.11).

11.4. The Client has the right to send reasoned objections to an invoice within 10 calendar days of the day it is provided. In the absence of objections within that period, the invoice is deemed agreed. This rule does not apply to a Client that is a Consumer: such a Client may contest a debit at any time within the limitation period, and missing the period referred to in this clause deprives it of no rights.

12. Registration term, renewal and automatic renewal

12.1. The registration term of a domain name is from one year up to the term established by the rules of the relevant zone, but no more than ten years. The rules of some zones set a shorter maximum term — in particular one or two years; the maximum term in force for each zone is set out on the zones page (clause 13.5). An Application for a term longer than the one established by the rules of the zone is refused by the Registry.

12.2. Renewal of the term is carried out on the Client's Application and on condition that it is paid for.

12.3. The Provider does not submit renewal Applications without an instruction from the Client. A renewal is carried out either on a separate Application of the Client (clause 12.2) or on the Client's standing instruction in the manner set out in clause 13.9. This does not cancel the automatic renewal carried out by the Registry itself: that is described in clause 12.4, does not depend on the Provider and occurs irrespective of any Account setting. The managed automatic renewal service provided for by the Distributor Agreement is a service under a separate contract with a person referred to in clause 1.8 and does not apply to the Client under this Contract.

12.4. The Client must take the following into account. For domain zones covered by the Public Domain Regulations, once the registration term expires the Registry does not stop publishing the domain name in DNS — it keeps working (section 7.3.8 of the Public Domain Regulations). The domain object is given the autoRenewGracePeriod status and, for 30 days after the term expires, an automatic renewal grace period applies, during which the domain name may still be renewed at the ordinary renewal price. Once that period expires, the Registry automatically renews the registration term and charges the fee for the next period to the registrar, that is to say to the Provider (the Public Domain Regulations). The Provider does not allow such an automatic renewal to happen and instead deletes an unrenewed domain name before the grace period expires — in the manner and within the period set out in clause 13.8. An automatic renewal by the Registry occurs only where such deletion has proved technically impossible. This clause does not apply in all zones — see clause 13.5.

12.5. If the Client does not wish the domain name to be renewed, it notifies the Provider in writing — by email to the address stated on the Our Details page, stating the domain name — no later than 3 calendar days before the date of deletion stated in the notice under clause 13.10. On receiving such a notice the Provider confirms its receipt. The Client is informed that the rules of the zones in which the Registry carries out automatic renewal (clause 12.4) provide for no separate command declining renewal: the only means of preventing an automatic renewal is deletion of the domain name. The Provider therefore gives effect to the Client's notice under this clause by submitting to the Registry a command to delete the domain name, and does so within the period set out in clause 13.8 unless the Client has expressly asked for it to be deleted earlier. Refusal to renew is free of charge; the unused part of the registration term paid for is not refunded (section 8 of the document Payments and Refunds).

12.6. If the Client has not exercised the right provided for by clause 12.5, deletion under clause 13.8 has proved technically impossible and the Registry has carried out an automatic renewal, the Client is obliged to pay the cost of the renewal at the renewal price published in the Price List as at the date the notice under clause 13.10 was sent, within 10 working days of the day the invoice is provided. The Provider charges no surcharge, multiplier, penalty or other sum over and above that price for such a renewal. That includes the doubling. For a forced automatic renewal the Registry may invoice the Provider at double the price; it is not passed on to the Client under this Contract — the Provider bears the difference. The Client does not control an action the Registry takes of its own motion, and charging for it would be an unfair term within the meaning of article 18 of the Law of Ukraine «On the Protection of Consumer Rights» No. 1023-XII. That obligation does not arise if the Provider failed to send the reminders provided for by clause 12.7, failed to send the notice under clause 13.10, or failed to confirm receipt of a notice sent by the Client under clause 12.5.

12.7. The Provider reminds the Client in advance, by email, that the registration term is approaching its end, 30, 15, 7 and 1 day before the date on which the registration term expires. Reminders are sent to the address stated in the Account. Once the registration term has expired, the Provider sends a separate notice under clause 13.10.

12.8. The cost of renewal is determined by the Price List in force on the date the renewal Operation is performed, and not on the date of the original registration.

12.9. Limitation of the consequences for a Consumer. A debt of a Client that is a Consumer, arising solely from an automatic renewal under clause 12.6, is not a ground for suspending the provision of the Services (clause 15.3), for the Provider's withdrawal from the Contract (clause 21.3) or for refusing to supply the Transfer Code (clause 14.3.1). It is recovered exclusively in the manner established by law. If, within 14 calendar days of the day the invoice is provided, the Consumer states in writing that it does not need the renewal and will not use the domain name, the obligation to pay under clause 12.6 ceases and the Provider takes such steps as are available to it to cancel the renewal and delete the domain name.

13. Expiry of the registration term. Grace period, redemption period and deletion

13.1. For domain zones covered by the Public Domain Regulations, the following sequence applies after the registration term expires:

• automatic renewal grace period — 30 days, during which the Provider deletes an unrenewed domain name within the period set out in clause 13.8;
• redemption period — 30 days;
• the period preceding deletion — 5 days; once it has expired, restoration of the domain name is impossible.

13.2. During the redemption period the domain name may be restored for a separate fee under the Price List. The Provider does not guarantee that restoration will succeed: it depends on the decision of the Registry. Restoration does not give back a term already paid for. Under the Regulations of the public domain, on restoration the term of a domain name is set to one year from the moment of restoration. A domain name renewed for, say, five years and later deleted therefore comes back with one year: the remainder of the paid term is not restored and is not compensated by the Provider — it is lost at the Registry, not at the Provider. The restoration fee is charged separately and is not set off against that year.

13.3. The moment at which publication of the particulars of the domain name in DNS ceases is determined by the rules of the relevant zone and may not coincide with the date on which the registration term expires. In zones covered by the Public Domain Regulations, publication ceases on the date the registration term expires (clause 12.4).

13.4. Once the period referred to in the third indent of clause 13.1 has expired (having regard to clause 13.8), the domain name is removed from the Register and becomes available for registration by any person. The Provider is not answerable for the consequences of the removal of a domain name from the Register, carried out either by the Registry or by the Provider itself under clause 13.8, if it duly sent the reminders provided for by clauses 12.7 and 13.10 and if, as at the date of deletion, the Client was not deprived of the possibility of giving a renewal instruction for reasons attributable to the Provider (clause 5.3.2).

13.5. Periods and rules differ from zone to zone. The periods stated in clause 13.1, and the automatic renewal described in clause 12.4, do not apply in all zones. In some domain zones the Registry carries out no automatic renewal: once the registration term expires, delegation ceases and the domain name is deleted within the period established by the rules of the zone concerned, without any 30-day grace period; clause 13.8 does not apply in such zones. For each zone in which the Provider provides the Services, the zones page (https://namespace.com.ua/zones) sets out: the maximum registration term; the length of the grace period, of the redemption period and of the period preceding deletion; the expected date of deletion of the domain name relative to the date on which the registration term expires; the period of validity of the Transfer Code; whether a Transfer Code exists in that zone at all (clause 14.2); prohibitions on and postponements of transfer (clause 14.3); whether the zone belongs to a mirror group (clause 14.1.1); DNSSEC support (clause 4.9); the special conditions for the performance of Applications (clause 7.9); and the procedure for a change of Registrant (clause 14.6).

13.6. Blocking a domain name that the Registrant has not renewed. Once the registration term expires the Registry does not stop publishing the domain name in DNS (clause 12.4): the domain object is given the autoRenewGracePeriod status and keeps working. The status that removes a domain name from the zone file (clientHold) is set, under the Public Domain Regulations, by the Registrar and not by the Registry. In certain public domains the Provider is required to set that status on a domain name that has not been renewed for the next period; as at the date of this edition the Provider transmits no such command and undertakes to introduce its transmission in those zones whose rules require it. As at that date, therefore, an unrenewed domain name keeps working until it is deleted within the period set out in clause 13.8. Neither the absence nor the transmission of that command alters the extent of the Client's rights under this section, stops the running of the periods set out in clauses 13.1 and 13.8, or deprives the Client of the right to renew or restore the domain name within those periods. This is not a suspension of the provision of the Services within the meaning of clause 15.3 and requires no separate ground from the list in that clause.

13.7. A domain name not serviced by a registrar. If the Provider ceases for any reason to service domain names in a zone — in particular where its accreditation is terminated or suspended — domain names that have not been transferred to another registrar by that moment are maintained in accordance with the Regulations on the maintenance of a domain name where it is not serviced by a registrar (clause 2.15). That regime is established by the Registry, not by the Provider; in that state a domain name is not deleted early, but the Provider cannot perform any operation in respect of it. The Provider is obliged, no later than 10 days before it ceases to provide the service, to take all necessary steps to move domain names to other registrars and to notify Clients and Registrants accordingly (clause 21.4).

13.8. Deletion of a domain name not renewed by the end of the grace period. For domain zones in which the Registry, at the end of the grace period, automatically renews the registration term and charges the fee to the Provider (clause 12.4), the Provider submits to the Registry a command to delete an unrenewed domain name one calendar day before that grace period expires — that is, with the grace period currently lasting 30 days, on the 29th day after the registration term expires. The Provider does this so that the Registry cannot carry out an automatic renewal at its expense; such early deletion is the alternative to automatic renewal provided for by the rules of the zone concerned. The consequences for the Client are:

• the effective last day for renewal at the ordinary renewal price is the day preceding the date of deletion, and not the last day of the grace period; from the day of deletion the domain name enters the redemption period (clause 13.1) and can be recovered only at the restoration price, which is higher than the renewal price;
• the periods stated in the second and third indents of clause 13.1 run from the day of deletion, and not from the day the registration term expired;
• the Client's right to restore the domain name during the redemption period (clause 13.2) is preserved in full.

The Provider states the specific date of deletion for each domain name in the notice under clause 13.10 and does not delete a domain name before that date. The Provider does not take the action provided for by this clause in respect of a domain name whose registration term has been paid for and has not expired; of a domain name that is in the course of being transferred to another registrar; of a domain name subject to a restriction imposed by a court decision, by the Registry or under the .UA-DRP; or of the domain names of a Client that has made use of clause 13.9.

13.9. Renewal on the Client's standing instruction. On a separate standing instruction of the Client, the Provider renews the registration term of the domain names of its Account by one year no later than 14 days before the date the registration term expires and debits the cost of the renewal from the Balance under the Price List. If a renewal does not succeed, the Provider repeats the attempt daily until the end of the grace period. The instruction is given and cancelled in the Panel or by email, operates until cancelled, extends to all domain names of the Account and is free of charge; a cancellation takes effect from the following calendar day. Clause 13.8 does not apply to the domain names of a Client that has given such an instruction. If the Balance is insufficient for the renewal, the renewal is not carried out, the Client is notified accordingly, and clause 13.8 then applies — or, where deletion has proved impossible, clause 12.6.

13.10. Notice of deletion. Once the registration term has expired, the Provider sends the Client, to the email address stated in the Account, a separate notice that the domain name has been blocked, stating the domain name, the date the registration term ended, the exact date on which it will be deleted (clause 13.8), and the length of the restoration period within which the domain name can still be brought back at the restoration price. That notice contains no price figures: it names the date until which the ordinary renewal price applies, and the prices themselves are set out in the Price List (clause 1.5). The notice is sent no later than 7 calendar days before the date of deletion. Failure to send that notice deprives the Provider of the right to take the action provided for by clause 13.8 in respect of the domain name concerned.

14. Transfer of a domain name and change of Registrant

14.1. The Client has the right to transfer a domain name to another registrar in the manner established by the rules of the relevant zone.

14.1.1. Linked (mirror) domain names. The rules of some zones group domain names that differ only in the transliteration or spelling of the zone into a group, all names in which must belong to the same Registrant and be serviced by the same registrar. The transfer of one name in such a group brings about the transfer of all the other names in the group, and a new name in such a group may be registered only in the name of the same Registrant. The Provider informs the Client, on request, whether its domain name belongs to such a group and which names belong to it; the composition of the groups is set out on the zones page (clause 13.5).

14.2. The Provider supplies the Transfer Code at the Client's request. For domain zones covered by the Public Domain Regulations, the Transfer Code is valid for 30 days from the moment it is generated. For other zones its period of validity is established by the rules of the zone concerned and may differ (clause 13.5). The rules of some domain zones provide for no Transfer Code at all: in such zones a domain name is transferred to another registrar without a Code, in the manner established by the Registry. The Provider informs the Client, on request, whether a Transfer Code applies in the zone of its domain name, and does not refuse to assist a transfer on the ground that no Code exists in that zone.

14.3. The Provider has no right to hold a domain name back or to obstruct its transfer to another registrar. That obligation of the Provider admits of no exception. The Provider may therefore refuse to supply the Transfer Code, or decline to confirm a transfer, solely on one of the following grounds:

• a prohibition on transfer established by the rules of the relevant zone, by a court decision, by a decision of the Registry or under the .UA-DRP;
• a reasonable suspicion that the request did not come from the Client or from the Registrant — until the circumstances are established;
• a prohibition on, or postponement of, transfer established by the rules of the zone concerned by reference to the time elapsed since the date of registration or since the date of the previous transfer — for the duration of that prohibition. The Provider informs the Client, on request, whether such a prohibition applies to its domain name and when it expires (clause 13.5).

14.3.1. Money owed by the Client is not a ground for refusal. The Provider does not refuse to supply the Transfer Code, does not delay supplying it and does not decline to confirm a transfer on the ground that the Client owes it money. A debt is recovered in the manner provided for by this Contract and by law, and may not be secured by holding a domain name back. This applies also where the Registrant is not the Client itself but another person (clause 2.4): such a person is not answerable for the Client's settlements with the Provider, and the Provider supplies it with the Transfer Code for its own domain name on its application (clause 5.7), irrespective of the state of the Client's Balance.

14.4. On a transfer of a domain name to another registrar, the registrar from which it is being transferred has five days in which to confirm or refuse. If it takes no action within that period, the transfer takes place. This rule is established by the Registry and applies also where a domain name is being transferred away from the Provider. In some zones the rules of the Registry attach the opposite consequence to silence — refusal of the transfer; the rule in force for each zone is set out on the zones page (clause 13.5).

14.5. In most of the domain zones in which the Provider provides the Services, the rules of the Registry provide that the transfer of a domain name is accompanied by a mandatory renewal of its registration term by one year; in some zones a transfer brings about no renewal and the registration term is unchanged by the transfer. Where such a renewal is mandatory, it is paid for by the Client under the Price List and cannot be declined. The Provider states the full cost of a transfer, including the mandatory renewal, in the Price List and communicates it to the Client before the Application is confirmed.

14.6. A change of Registrant is carried out solely on the written application of the current Registrant. This is the Provider's own requirement and not a prescription of the zone rules: section 7.3.3 of the Public Domain Regulation allows the Registrant on a domain object to be changed by an ordinary update command and requires no written application. The Provider imposes it on itself because a change of Registrant is a change of the person in whose name the domain name stands; the Provider cannot undo it, and the only proof of the current Registrant's will in a dispute is their own application. The requirement protects the Registrant, not the Provider, and the Provider charges nothing for it and does not use it as a ground for delay. Acts performed in the Panel, confirmation by email, or the consent of the new Registrant do not substitute for that requirement and are not of themselves a ground for a change of Registrant. The following forms of written application are accepted:

• a paper original signed by hand, sent to the postal address stated on the Our Details page;
• a scanned or photographed copy of an application signed by hand, sent by email to the address stated on the Our Details page — together with a copy of the applicant's identity document, or of the document evidencing the authority of the person acting on behalf of the Registrant;
• an electronic document signed with a qualified electronic signature of the current Registrant or of a person authorised by it, including by means of "Diia.Signature", sent in the manner set out in clause 23.4; no further confirmation of identity is required in that case.

The application must state the domain name, the full particulars of the current and of the new Registrant, and the date. The procedure for a change of Registrant in each zone is set out on the zones page (clause 13.5).

14.6.1. In addition to the written application of the current Registrant, a change of Registrant is carried out in the manner established by the rules of the relevant zone and may further require confirmation from the new Registrant and the supply of supporting documents.

14.7. The transfer of a domain name to another registrar and a change of Registrant are not permitted: (a) while an administrative proceeding under the .UA-DRP is open and for 15 working days after it concludes; (b) while court or arbitration proceedings concerning that domain name are pending (paragraphs 8(a) and 8(b) of the .UA-DRP). The period under sub-paragraph (a) is calculated by reference to the location of the .UA registrar. A re-delegation or transfer effected in breach of this prohibition may be cancelled by the administrator of the public domain.

15. Prohibited use, handling of abuse reports and suspension of the Services

15.1. The Client undertakes not to use the domain names registered under this Contract, or the Provider's Services, for: activity prohibited by the legislation of Ukraine; the sending of unsolicited messages; the distribution of malicious software; the appropriation of other persons' credentials (phishing); the infringement of intellectual property rights and other rights of third parties.

15.2. Abuse reports are accepted at the address stated on the Our Details page. The Provider acknowledges receipt of a report within 1 working day and considers it within 5 working days of receipt; a report of phishing, malicious software or any other immediate threat to security is considered without delay and no later than 24 hours after receipt. The Provider informs the reporter and the Client of the outcome. Where the Client's answer is needed in order to consider the report, the period for consideration is suspended for the period allowed to the Client under clause 9.9.

15.3. The Provider has the right to suspend the provision of the Services in respect of an individual domain name or of the Account as a whole on one of the following grounds:

• a decision of a court or of another competent state authority;
• a decision or requirement of the Registry;
• a decision of an administrative panel made under the .UA-DRP;
• inaccuracy of the particulars of the Registrant, not remedied within the period allowed (clauses 9.4 and 9.5);
• money owed by the Client to the Provider — save for supplying the Transfer Code and confirming the transfer of a domain name to another registrar, which under clause 14.3.1 are not suspended in any circumstances, and save in relation to a Client that is a Consumer, for which a debt arising solely from an automatic renewal under clause 12.6 is not a ground for suspending the provision of the Services (clause 12.9);
• breach of clause 15.1;
• the application to the Client, to the Registrant or to the person who made a payment for the Client of special economic or other restrictive measures (sanctions) — for the duration of that circumstance (clause 15.8);
• suspension or termination of the Provider's own access to the register of the zone concerned, or of its accreditation in that zone — for the duration of that circumstance and within the limits of all zones serviced through the registration system concerned (clause 18.3).

15.3.1. Blocking, deletion and re-delegation of a domain name. In addition to suspending the provision of the Services, the Provider blocks, deletes or re-delegates a domain name in execution of a decision of an administrative panel of the WIPO Arbitration and Mediation Center made under the .UA-DRP, of a decision of a court or of another competent state authority, and of a requirement of the Registry. The Client agrees to this and brings it to the Registrant (clause 16.9); as regards a Registrant who is not the Client, those consequences follow from the zone rules and the .UA-DRP, not from this Contract (clause 2.4.2). The Provider takes such action only on those grounds, never at its own discretion, and notifies the Client in the manner set out in clause 15.5. Early deletion under clause 13.8 is not covered by this clause and is carried out in the manner established by section 13.

15.4. The right provided for by clauses 15.3 and 15.3.1 is a contractual right of the Provider, established by agreement of the Parties (article 627 of the Civil Code of Ukraine). Suspending performance of the Provider's own obligation where the Client has failed to perform its counter-obligation is additionally founded on part three of article 538 of the same Code. Article 651 of that Code is not cited here: it concerns the alteration and rescission of a contract, not the suspension of its performance. The right is exercised without recourse to a court.

15.5. The Provider notifies the Client of a suspension by email, stating the ground. Save where delay would create a risk of harm to third parties, or where immediate suspension is required by a decision of a court, of the Registry or under the .UA-DRP, the Provider first allows the Client 10 calendar days in which to remedy the breach.

15.6. Suspension of the provision of the Services does not release the Client from the obligation to pay for the Services provided before the suspension and is not a ground for the refund of money paid for them.

15.7. The Provider does not carry out prior monitoring of the content published under the Client's domain names and is not obliged to monitor it. This does not limit the Provider's obligation to take measures on reports submitted in the manner set out in clause 15.2 and in execution of the decisions referred to in clause 15.3.

15.8. Sanctions and financial monitoring. The Provider does not conclude this Contract, accepts no Applications, accepts no payment and suspends the provision of the Services in respect of a person to whom special economic or other restrictive measures (sanctions) have been applied under the Law of Ukraine "On Sanctions" No. 1644-VII, or in respect of whom such a prohibition follows from a sanctions regime binding on the Provider or on its bank. The ground is that the types of sanction under part one of article 4 of that Law include, in particular, the blocking of assets (clause 1) and the suspension of the performance of economic and financial obligations (clause 5); in such cases the provision of the Services is impossible within the meaning of part four of article 633 of the Civil Code of Ukraine, and a refusal is not a refusal to conclude a public contract (clause 3.12) and does not breach the requirement of identical terms (clause 3.13). The Provider does not screen applicants against sanctions lists on accession to this Contract and does not claim that it will identify such a person in advance. It acts from the moment it becomes aware — from a decision of the National Security and Defence Council of Ukraine, from a notification by its bank, by a competent state authority or by the Registry — and from that moment stops accepting Applications and payments and suspends the Services. The Provider's ignorance does not make the provision of the Services possible, and is not a ground for continuing it once the circumstance is known.

15.8.1. What the Provider checks and what it does not. The Provider is not a primary financial monitoring entity: it falls into none of the categories listed in part two of article 6 of the Law of Ukraine "On Preventing and Countering the Legalisation (Laundering) of the Proceeds of Crime, the Financing of Terrorism and the Financing of the Proliferation of Weapons of Mass Destruction" No. 361-IX. The Provider therefore carries out no customer due diligence of its own, runs no sanctions screening and collects no documents for that purpose. The Provider applies the restrictions set out in clause 15.8 where it has become aware of the circumstance concerned — in particular from a decision of a competent authority, from a notice from the Provider's bank, from a requirement of the Registry, or from open state registers. The bank through which settlements are made is a primary financial monitoring entity and applies its own procedures independently of this Contract; a delay or refusal by the bank in effecting a payment on that ground is not a breach by the Provider (clause 18.3), and money that has not arrived in the Provider's account is not credited to the Balance (clause 10.8).

16. Disputes over rights in domain names

16.1. The .UA-DRP, the .UA-DRP Rules and the Supplemental Rules of the WIPO Arbitration and Mediation Center, published at https://hostmaster.ua/policy/ua-drp, are incorporated into this Contract by reference. By adhering to this Contract, the Client agrees to all three documents and undertakes to participate in the procedures they provide for. If, at the moment of acceptance, any one of those three documents was not available at that address, the provisions of this section and of clause 16.9 do not apply to the Client (clause 22.7); the Provider is obliged to ensure their availability before it begins to accept Applications.

16.2. The Client declares and warrants that:

• the particulars it has supplied for the registration of the domain name are accurate and complete;
• the registration of the domain name does not infringe the rights of third parties;
• the domain name is not being registered for an unlawful purpose;
• the domain name will not be used to breach the law.

16.3. The Client itself determines whether the registration of the domain name infringes the rights of another person. The Provider does not carry out any such check and is not answerable for the consequences of its absence.

16.4. The Provider, the administrator of the public domain and the operator of the register are not parties to a dispute over rights in a domain name and do not decide it on the merits. They cannot be joined as parties to proceedings under the .UA-DRP (clauses 4(h) and 6 of the .UA-DRP), and the operator of the register and the administrator of the public domain cannot be joined as a party to court proceedings over domain names either (clause 17.10).

16.5. Following the consideration of a dispute, the administrative panel may decide to cancel the registration of the domain name or to transfer it; the .UA-DRP does not provide for the award of damages (clause 4(i) of the .UA-DRP). The costs of the proceedings are borne by the complainant, except where the panel is expanded at the respondent's request (clause 4(g) of the .UA-DRP).

16.6. The decision is implemented once 10 working days have elapsed from the day notice of it was given. Implementation is stayed if the Client supplies evidence that it has brought a corresponding claim before a court of Ukraine (clause 4(k) of the .UA-DRP).

16.7. The Client has the right to apply to a court of Ukraine irrespective of the .UA-DRP, including with claims that the .UA-DRP does not cover. The use of a trademark in a domain name is governed, in particular, by article 16 of the Law of Ukraine "On Protection of Rights to Marks for Goods and Services" No. 3689-XII.

16.8. A Client that is not a Consumer shall indemnify the Provider for documented losses and expenses (including the costs of legal assistance) incurred in connection with claims by third parties concerning rights in a designation identical or similar to the Client's domain name, except where those claims have arisen as a result of acts of the Provider itself. In relation to a Client that is a Consumer, the general rules on compensation for harm apply (article 1166 of the Civil Code of Ukraine).

16.9. Undertakings under the .UA-DRP. In concluding this Contract the Client takes on what follows and, where the Registrant is another person, undertakes to bring it to that person and to procure their observance of it (clause 2.4.1). As regards such a Registrant those undertakings follow from the zone rules and the .UA-DRP, not from this Contract (clause 2.4.2). Accordingly the Client, and to the extent the zone rules so provide the Registrant:

• undertake to comply with the .UA-DRP, the .UA-DRP Rules and the Supplemental Rules of the WIPO Arbitration and Mediation Center;
• agree that disputes of the kinds listed in paragraph 4 of the .UA-DRP which arise with third parties in respect of a domain name of which the Registrant is the registrant are resolved by mandatory administrative proceeding before the WIPO Arbitration and Mediation Center;
• agree that the domain name may be blocked, deleted or re-delegated by the Provider in the manner provided for by the .UA-DRP, including in execution of decisions of an administrative panel of the WIPO Center (clause 15.3.1), without any refund of the money paid for it (section 8 of the document Payments and Refunds).

The Provider is obliged to include these provisions in the contract with the Registrant; they are not a choice of its own.

16.10. The Provider is obliged, at the request of the WIPO Arbitration and Mediation Center, to supply confirmation that the disputed domain name is registered by it and belongs to the named respondent, the contact data of the Registrant, and this Contract and related documents. The Provider is obliged to implement the decisions of an administrative panel of the WIPO Center.

17. Liability of the Parties

17.1. For failure to perform or improper performance of their obligations, the Parties bear the liability established by law and by this Contract.

17.2. The amount of the Provider's liability on any ground is limited to the cost of the particular Service in the course of the provision of which the breach was committed. This term is established by agreement of the Parties under part one of article 906 of the Civil Code of Ukraine, which permits an allocation of liability by contract other than that established by law. In relation to a Client that is a Consumer, the limitation established by this clause does not apply in any part — neither to claims founded on the Law of Ukraine "On Protection of Consumer Rights" No. 1023-XII, nor to claims for compensation for losses under articles 22 and 906 of the Civil Code of Ukraine.

17.3. The limitations and stipulations established by clauses 7.6, 17.2, 17.5 and 17.6 do not apply:

• to cases of intentional breach of an obligation by the Provider — a transaction that excludes or limits liability for an intentional breach of an obligation is void (part three of article 614 of the Civil Code of Ukraine);
• to liability for harm caused to life or health;
• to relations with a Client that is a Consumer, in full. Contract terms that exclude or limit legal liability, and that exclude or limit the consumer's rights, are unfair (part three of article 18 of the Law of Ukraine "On Protection of Consumer Rights" No. 1023-XII); an unfair term may be altered or held invalid (part five of the same article). Unlike part three of article 614 of the Civil Code of Ukraine, that provision does not operate automatically and requires the term to be held unfair; the Provider does not rely on such terms as against a Consumer and does not apply them.

17.4. The limitation established by clause 17.2 relates solely to the amount of monetary compensation. It does not deprive the Client of the right to demand proper performance of the Contract, the remedying of defects in a Service, rescission of the Contract and the refund of money in the cases provided for by law and by this Contract.

17.5. The Provider does not compensate a Client that is not a Consumer for lost profit or indirect losses. This provision does not apply to a Client that is a Consumer.

17.6. The Provider is not answerable for:

• the acts and omissions of the Registry, including a refusal to perform an Operation, the time taken to perform it, and rate limits applied by the Registry;
• changes to the rules of domain zones and the consequences of such changes;
• the operability of the name servers that the Client has designated for its domain name, and of third parties' name servers;
• the consequences of the Client supplying inaccurate or out-of-date particulars, and of notices not being received because of an outdated email address;
• the consequences of the Client disclosing its credentials, and of acts of third parties performed using the Client's Account;
• the content of information published under the Client's domain names, and disputes over rights in a designation.

17.7. The Provider does not guarantee uninterrupted and error-free operation of the Panel. The Provider states expressly that it assumes no obligation as to the availability level of the Panel: no availability figure — neither a percentage nor a permitted duration of downtime — is established by this Contract, and no compensation is provided for failing to meet such a figure. The Provider states this expressly rather than passing it over, because it has neither a means of measuring availability of its own nor a mechanism for calculating such compensation; should it introduce an availability figure in future, that figure and the manner of measuring it will be set out in this clause and not in a separate document. This does not release the Provider from the obligation to perform an Application accepted for performance and does not alter the periods expressly established by this Contract. The Provider gives notice of planned technical work no later than 3 calendar days in advance, by publishing the notice on the website and sending it by email to the address stated in the Account. Emergency work may be carried out without prior notice. The channel for receiving enquiries by email is available around the clock, every day: enquiries are accepted at any time and recorded at the moment of receipt. Enquiries are processed on working days from 9:00 to 18:00 Kyiv time; the Provider undertakes no separate obligation as to response time, save for the periods expressly established by this Contract and by the documents listed in clause 1.5. The Provider concludes no individual service level agreements with individual Clients (clause 3.13.3).

17.8. The Client is answerable for the accuracy of the particulars it supplies, for compliance with the rules of the domain zones, for the lawfulness of the use of the domain names and for making payment on time.

17.9. Where the Client is in default on a monetary obligation, the Provider has the right to demand payment of three per cent per annum of the overdue sum and compensation for inflationary losses (part two of article 625 of the Civil Code of Ukraine). No separate contractual penalty interest (penalty for delay) is established by this Contract. The Provider does not demand a penalty interest from a Client that is a Consumer on any ground, including one established by law.

17.10. Absence of liability of the administrator of the public domain and of the operator of the register. The Client and the Registrant are informed that:

• the operator of the register and the administrator of the public domain cannot be joined as a Party to court proceedings over domain names;
• they bear no liability for the consequences of the use, non-use or unlawful use of domain names by the Registrant, including as toward third parties;
• they bear no liability for the Registrant's infringement of any rights of third parties.

This stipulation is made for the benefit of the administrators of the public domains and of the operator of the register listed in clause 19.6, and the Provider is obliged to publish it. It does not limit the Provider's own liability to the Client (clauses 17.1–17.8) and does not deprive the Client of the rights conferred on it by law.

18. Force majeure and circumstances beyond the Provider's control

18.1. A Party is released from liability for breach of an obligation if it proves that the breach occurred as a result of a fortuitous event or of force majeure (article 617 of the Civil Code of Ukraine). Force majeure includes, in particular: military operations, armed aggression, martial law and measures introduced to implement it; missile and other strikes on infrastructure facilities; emergency and load-shedding power cuts; damage to trunk communication channels; decisions of state authorities that make performance impossible.

18.2. The occurrence of force majeure is certified by a certificate of the Ukrainian Chamber of Commerce and Industry or of a regional chamber of commerce and industry (article 14-1 of the Law of Ukraine "On Chambers of Commerce and Industry in Ukraine" No. 671/97-VR).

18.3. Separately from the circumstances referred to in clause 18.1, the Parties have agreed that the Provider is not regarded as having breached an obligation if performance became impossible or was postponed as a result of any of the following circumstances beyond its control:

• unavailability of the Registry's systems, or their unstable operation;
• a refusal by the Registry to perform an Operation;
• limits applied by the Registry on the number of connections and the number of requests per unit of time;
• a change in the rules of the domain zone or in the Registry's technical requirements;
• suspension or termination by decision of the Registry of the Provider's access to the register of the zone concerned, or of its accreditation in that zone, including at the demand of the administrator of the public domain; for the duration of that circumstance the Provider has neither the technical nor the contractual means of transmitting Applications to the Registry concerned (clauses 4.1 and 15.3). The Client is expressly informed that domain zones are grouped by the registration systems through which commands are executed, and that such a circumstance affecting one registration system simultaneously affects all zones serviced through it; the composition of the groups of zones is set out on the zones page (clause 13.5);
• acts of suppliers of telecommunications services and of equipment colocation services;
• a refusal by a bank or a payment operator to credit or to effect a payment in fulfilment of the requirements of the legislation on sanctions or on preventing and countering the legalisation (laundering) of the proceeds of crime (clause 15.8.1). The Provider does not influence such procedures and is not informed of their content.

18.4. For the duration of the circumstances referred to in clauses 18.1 and 18.3, the time limits for the performance of the Provider's obligations are extended. The Provider notifies the Client of the occurrence of such circumstances within 10 calendar days of the day it became aware of them, save where those very circumstances make notification impossible.

18.5. The circumstances referred to in this section do not release the Client from the obligation to pay for Services actually provided and do not deprive it of the right to a refund in the cases provided for by clause 7.6.

19. Personal data

19.1. The Provider is the controller of personal data (owner of personal data — the controlling role under Ukrainian data protection law; not identical to a GDPR controller) in respect of the personal data it receives from the Client, within the meaning of the Law of Ukraine "On Protection of Personal Data" No. 2297-VI.

19.2. Personal data are processed on the grounds provided for by article 11 of the Law of Ukraine "On Protection of Personal Data" No. 2297-VI, primarily in connection with the conclusion and performance of this Contract to which the data subject is a party, and in order to perform the Provider's obligations as an accredited registrar (legitimate interest). The processing of the data necessary to provide the Services is not founded on consent. Consent is a ground for processing only where refusing it breaks nothing, namely: for the publication of personal data in the WHOIS and RDAP services (clause 19.4) and for sending marketing messages.

19.3. The transfer of particulars to the Registry is mandatory and is not founded on consent. The Provider is obliged to transmit to the Registry accurate particulars of the Registrant and of the contacts of the domain name and to keep them up to date; without this a domain name cannot exist. The composition of those particulars is established by the Registry (clause 2.2 of the Privacy Policy) and does not exceed: surname, given name and patronymic (if any) (for natural persons) or the official name of the enterprise (for legal entities), postal address, telephone number, email address.

19.4. Publication in the WHOIS and RDAP services takes place only with consent; where there is no consent the Provider marks no field as one to be published. The personal data of the Registrant and of the administrative, technical and billing contacts are published in the WHOIS and RDAP services solely at the wish of the person concerned and on the basis of consent obtained from that person to the dissemination of its personal data, expressed in written form or in a form permitting the conclusion that consent has been given. The Provider is answerable for obtaining that consent and for the lawfulness of the publication. The volume of particulars published where consent exists is determined by the Registry. Technically, consent is transmitted to the Registry as a visibility flag on specific fields, and the Provider transmits that flag exactly as it is recorded: where consent exists, listing only the fields it covers; where consent was refused or withdrawn, carrying an express direction not to publish any field. Where no visibility flag is recorded for a contact at all — including a contact received together with a domain name transferred in from another registrar — the Provider applies a prohibition on publication to every field and transmits that prohibition to the Registry. Silence never results in the publication of personal data, and the value the Registry would otherwise apply by default does not operate. The technical description is set out in clauses 5.4.4 and 5.4.4.1 of the Privacy Policy. The Provider retains the visibility flag in force for each contact and the history of its changes — the date, the time and the party who made the change — for 1,095 days; as at the date of this edition the Provider keeps no separate consent register recording the manner in which consent was obtained (clause 5.9 of that Policy).

19.4.1. Refusal of consent and its withdrawal do not affect the validity of this Contract. A Registrant's refusal to give the consent referred to in clause 19.4, or its withdrawal, is not a ground for refusing to conclude this Contract, for refusing to perform an Operation, for suspending the provision of the Services or for terminating the Contract, and entails no other adverse consequence. On receiving a withdrawal of consent, the Provider submits without delay to the Registry the command to cease publication of the particulars concerned. What remains beyond the Provider's means is set out in clauses 5.3 and 5.7 of the Privacy Policy.

19.4.2. Clauses 19.4 and 19.4.1 concern the personal data of natural persons. Particulars of a legal entity as such are not personal data; the manner of their publication is determined by the rules of the zone concerned.

19.5. Confirmation and agreement as to the processing of personal data. In concluding this Contract the Client confirms that it has been informed of, and agrees with, what follows and, where the Registrant is another person, undertakes to inform that person before transferring their data (clause 2.4.1 and article 12 of Law No. 2297-VI, which requires the data subject to be informed at the moment the data are collected). The notification therefore concerns:

19.5.1. the composition and content of the personal data processed (clause 19.3 and section 2 of the Privacy Policy);

19.5.2. the purposes and aims of the processing and the legal bases for it (clause 19.2 and section 3 of the Privacy Policy);

19.5.3. the transfer of the personal data to the administrator of the public domain and to the operator of the register as processors of personal data — for the performance of this Contract (clause 19.6);

19.5.4. the storage of the personal data by the Provider and by that administrator and operator for the term of this Contract and/or from the creation of the contact record in the Register until its deletion from the Register;

19.5.5. the right of the administrator of the public domain and of the operator of the register to retain the Registrant's personal data after the deletion of the contact from the Register for the general limitation period, whose duration is three years (article 257 of the Civil Code of Ukraine), and to use them as evidence, including in proceedings involving the Provider and/or the Registrant;

19.5.6. the rights of the data subject under the legislation of Ukraine and (for persons located in the European Union) Regulation (EU) 2016/679 — section 8 of the Privacy Policy;

19.5.7. the right of certain administrators of public domains, where their authority ceases, to transfer the data from the Register, including personal data, to the administrator of the public domain concerned, and to delete those data on their own side after that transfer.

The Registrant gives these confirmations and consents by concluding this Contract; the Provider records the fact that they were given (clause 3.11) and retains the documents evidencing that this information was given to the Registrant for the whole period of the processing of the personal data.

19.6. The recipients of personal data are named individually. A general formula such as "third parties" is not enough, so the Provider names them:

The list contains all administrators of public domains and operators of the register with which the Provider holds registrar contracts in force as at the date of this edition; it is updated at the same time as the list of contracts in clause 6.3 of the Our Details page. All the persons listed are legal entities resident in Ukraine. The full list of recipients, including payment operators and infrastructure suppliers, is set out in section 4 of the Privacy Policy. Those administrators and that operator process personal data on the Provider's instruction and have no right to engage other persons in the processing without the Provider's written consent.

19.7. The list of categories of personal data, the purposes and periods of their storage, the full list of recipients, the procedure for exercising the rights of the data subject (article 8 of Law No. 2297-VI) and the procedure for making enquiries are set out in a separate document — Privacy Policy.

20. The Consumer's right to rescind a distance contract

20.1. This section applies solely to a Client that is a Consumer.

20.2. A Consumer has the right to rescind a distance contract within 14 days of the date of receipt of the confirmation of information (part four of article 13 of the Law of Ukraine "On Protection of Consumer Rights" No. 1023-XII). If the confirmation of information does not meet the requirements of part three of the same article, that period is 90 days from the moment such information is received. If the confirmation of information is corrected within that period, the Consumer has the right to rescind the contract within 14 days of receiving the corrected confirmation (fourth paragraph of part four of article 13 of that Law).

20.3. Clause 1 of part five of article 13 of the Law of Ukraine "On Protection of Consumer Rights" No. 1023-XII provides that a consumer has no right to rescind a distance contract where the provision of a service by electronic means of communication with its consent has occurred before the expiry of the rescission period defined by part four of the same article — "of which the consumer was informed in the confirmation of information". That ground has two limbs: (a) provision of the Service having occurred with the Consumer's consent, and (b) prior notice to the Consumer of the loss of the right of rescission, given in the confirmation of information itself under clauses 3.7.1 and 3.7.3. If either is absent, the right of rescission subsists. The moment from which the provision of the Service is regarded as having occurred is set out in clause 7.5; until that moment the provision of the Service has not occurred and the right of rescission subsists (clauses 20.5 and 20.6), even if the Application has already been transmitted to the Registry. Part five of article 13 opens with the words "unless the contract provides otherwise", that is, it lays down rules which a contract may vary in the consumer's favour; this Contract does not vary them to the Consumer's detriment. The other grounds provided for by part five of article 13 do not apply to the Services under this Contract: in particular, clause 3 of that part concerns a good manufactured or processed to the consumer's order which cannot be sold to other persons or can be sold only at a substantial financial loss to the seller (provider), whereas the subject matter of this Contract is a service and a domain name is not a good (clause 4.2).

20.4. When placing an Application, the Consumer, by a separate act:

• gives express prior consent to the provision of the Service beginning before the expiry of the period referred to in clause 20.2; and
• confirms that it has been warned of the loss of the right of rescission once the provision of the Service has occurred.

That consent and confirmation are given by a separate declaration in the order form, worded verbatim as follows: "I ask that the provision of the Service begin immediately, before the expiry of the 14-day period for rescinding a distance contract, and I confirm that I have been warned that, once the Service has been provided, I lose the right to rescind the contract in respect of it." For as long as the order form is unavailable (clause 2.7), that consent and confirmation are given by a separate sentence to the same effect in the Application sent by email under clause 3.4; the Provider supplies the text of that sentence in its reply to the Client's enquiry made before the Application is placed. The declaration, or that sentence, is recorded by the Provider as evidence (clause 3.11). In addition, the warning of the loss of the right of rescission is repeated in the confirmation of information in the wording set out in clause 3.7.3, because clause 1 of part five of article 13 of Law No. 1023-XII requires that notice of it be given in the confirmation itself (clause 20.3).

The declaration and the consent are not a condition of accepting the Application for performance: if for any reason only one of the two acts is recorded, the Application is still accepted and transmitted to the Registry, and the Consumer retains the right of rescission within the period referred to in clause 20.2 and the right to a refund under clauses 20.5 and 20.6. The right of rescission is lost only where both limbs referred to in clause 20.3 are present; the making of a declaration does not of itself extinguish it.

20.5. From the moment referred to in clause 7.5, the Service is deemed to have been provided. The right of rescission in respect of it is exhausted if the Consumer was informed of the loss of that right in the confirmation of information (clauses 3.7.1, 3.7.3 and 20.3). If no such notice was given in the confirmation, the right of rescission subsists for the period referred to in clause 20.2, and the money is returned to the Consumer's Balance in full, having regard to clause 20.6.1.

20.6. Up to the moment referred to in clause 7.5, and also where the Registry refuses, the money is returned to the Consumer's Balance in full.

20.6.1. Consequences of rescission for the domain name itself. This clause applies only where the right to rescind has survived — that is, where the Operation has not yet been performed, or where it has been performed but the Provider did not send the warning provided for by clause 3.7.3. Where that warning was sent and the Operation was performed with the Consumer's consent, no right to rescind in respect of it arises at all (point 1 of part five of article 13 of Law No. 1023-XII), and the money paid for it is not returned: the Registry has already taken its charge from the Provider and the Service has been provided in full. Rescission of the contract in respect of a particular Operation under this section means that the Consumer also gives up its result. If, at the moment the notice of rescission is received, the Operation has already been performed by the Registry, the Provider returns the money paid for it to the Balance and at the same time submits to the Registry a command to delete the domain name or, at the Consumer's written election, takes steps to transfer it to another registrar at the Consumer's expense. The Consumer cannot both obtain a refund for an Operation and keep its result. This term is established by the Parties on the basis of part four of article 653 of the Civil Code of Ukraine, which allows a contract to provide for the return of what was performed under the obligation before its rescission. The Provider warns the Consumer of the consequences provided for by this clause in its reply to the notice of rescission, and gives effect to them no earlier than 3 working days after that warning.

20.7. The unspent remainder of the Balance is not payment for a Service provided. The restrictions established by this section do not extend to it; it is returned to the Client in the manner set out in the document Payments and Refunds.

21. Term of the Contract. Termination

21.1. The Contract enters into force from the moment of acceptance. In respect of the Client's Account the Contract is concluded for an indefinite term and is in effect until either Party withdraws from it in the manner set out in this section. In respect of each registered domain name, the Contract is in effect until its registration term expires, unless the term is renewed.

21.2. The Client has the right to withdraw from the Contract unilaterally at any time, by notifying the Provider. That right is established by this Contract; article 907 of the Civil Code of Ukraine permits a services contract to be rescinded by unilateral withdrawal in the manner and on the grounds established by that Code, by another law or by agreement of the parties. The rights of a Consumer where a service is improperly provided, laid down in article 10 of the Law of Ukraine "On Protection of Consumer Rights" No. 1023-XII, are not limited by this clause. The consequences of such withdrawal are:

• the domain names registered on the Client's Applications remain with the Registrant; the Client has the right to transfer them to another registrar in the manner set out in section 14;
• the unspent remainder of the Balance is returned in the manner set out in the document Payments and Refunds, less any sums owed to the Provider (clause 10.7);
• money paid for Services actually provided is not refundable.

21.3. The Provider has the right to withdraw from the Contract unilaterally on the grounds set out in clause 15.3, giving the Client no less than 30 calendar days' notice. Where the ground is a court decision, a requirement of the Registry or a risk of harm to third parties, the Contract may be terminated immediately.

21.4. Until the period referred to in clause 21.3 expires, the Provider shall, at the Client's request, supply Transfer Codes for all of its domain names and shall not obstruct their transfer to another registrar. The Provider does not transfer the Client's domain names to another registrar of its own choosing — save in the single case set out in clause 21.4.1.

21.4.1. Exception: ceasing to service a zone. Where the contract between the administrator of a public domain and the Provider is terminated, the Provider is obliged to assist in moving the domain names it services to other registrars (clause 1 of the Procedure for maintaining a domain name where it is not serviced by a registrar). That Procedure sets no deadline — this Agreement does: the Provider takes all steps necessary for that purpose no later than 10 days before the date of termination, so that the Client and the Registrant still have time to choose a registrar themselves rather than learn of the move after the event. Accordingly, where the Provider's accreditation in the zone concerned is terminated or suspended (clause 13.7), it:

• notifies the Client without delay, and also the Registrant, at the email address stated in the particulars of the domain name concerned, and states the final date by which the domain names must be moved. The Provider notifies the Registrant in addition to the Client, not instead of it: the Client's duty to bring the circumstance to the Registrant (clause 2.4.1) is not thereby discharged. The direct notice is sent because it is the Registrant who stands to lose the domain name, and that loss must not depend on whether an intermediary passed a message on;
• at the request of the Client or of the Registrant, supplies Transfer Codes for all of its domain names;
• if the Client has not chosen a new registrar by that date — takes steps to move the domain names to another registrar in performance of its duty to the administrator of the public domain. The Provider chooses such a registrar solely from among persons accredited in the zone concerned and unconnected with the Provider, receives no remuneration whatsoever for the move, does not change the Registrant, does not terminate delegation and does not shorten the registration term paid for. The Client is notified of the registrar chosen no later than 10 calendar days before the move, and may until that date choose another registrar or object to the move; if the Client objects, the Provider does not carry out the move;
• notifies the Client and the Registrant that domain names not moved by the date of termination will be maintained in accordance with the Regulations on the maintenance of a domain name where it is not serviced by a registrar (clause 13.7).

That action is taken solely in performance of a duty owed to the administrator of the public domain; it does not change the Registrant, does not terminate delegation and does not shorten the registration term paid for.

21.5. Termination of the Contract does not release the Parties from performing obligations that arose before its termination.

22. Changes to the terms of the Contract and to the Price List

22.1. The Provider has the right to make changes unilaterally to this Contract and to the Price List (part one of article 651 of the Civil Code of Ukraine, which permits a contract to be changed in the manner established by the contract itself).

22.2. Changes are made solely on the following grounds:

• a change in the cost of the Registry's services or in the range of chargeable Operations;
• a change in the rules of domain zones or in the Registry's technical requirements;
• a change in the legislation of Ukraine;
• a change in the composition, technology or manner of providing the Services;
• a change in the taxation system or in the tax status of the Provider.

22.3. The Provider gives notice of changes made on its own initiative no later than 30 calendar days before they enter into force: it publishes the new edition on this page and sends a notice to the email address stated in the Account.

22.4. If the Client does not agree with the changes, it has the right, before they enter into force, to rescind the Contract without any sanction being applied to it and to receive the unspent remainder of the Balance in the manner set out in the document Payments and Refunds. Continuing to use the Services after the changes enter into force signifies agreement with them.

22.5. Changes brought about by a change in the cost of the Registry's services, by a change in the rules of a domain zone or by a change in the requirements of legislation enter into force at the same time as the change of price, of rules or of norms concerned. The period provided for by clause 22.3 does not apply to such changes. The Client is informed that:

• the registry operator has the right to amend the Public Domain Regulation 30 days before the amendments take effect and, in a case of urgent necessity, simultaneously with their publication (clause 11 of the Regulation); the amendments are published together with a notice from the administrator of the public domain;
• the Provider has no contractual right to require the Registry to give advance notice of a change in its prices, including a change resulting from an annual review or from a movement in the official National Bank of Ukraine exchange rate, and guarantees the Client no notice period for such a change;

so that the Provider cannot guarantee the Client a longer notice period than the one it has itself, and does not guarantee one. The Provider gives notice of every such change without delay from the moment it learns of it, and publishes the new edition of the Price List. The prices of Applications already confirmed are not revised (clauses 10.4 and 22.6), and a Client that does not agree with the change has the right to rescind the Contract and receive the unspent remainder of the Balance (clause 22.4). In relation to a Client that is a Consumer an additional limit applies: to a payment the Consumer did not order by a separate Application — in particular the charge for an automatic renewal under clause 12.6 — the price published as at the date the notice under clause 13.10 was sent applies, even if the Price List has changed by the date of the renewal itself.

22.6. A change to the Price List does not extend to Applications confirmed before it entered into force (article 629 and part one of article 651 of the Civil Code of Ukraine; clause 10.4).

22.7. Archive of editions. The Provider retains all previous editions of this Contract and of the documents listed in clause 1.5 and publishes them at https://namespace.com.ua/legal/archive, stating for each edition its number and the period during which it was in force. That is the single edition-archive address for every document listed in clause 1.5 and for the Our Details page; there is no other archive. The archive page is published. Each edition is identified by the sha256 digest of its own text, and that digest appears in its address, so an edition can be named unambiguously in a letter or a claim. The edition in force at the moment of acceptance remains available to the Client for the whole term of the Contract and for three years after its termination — that period corresponds to the general limitation period (article 257 of the Civil Code of Ukraine); on the Client's request the Provider sends it by email in a format suitable for storage without alteration (clause 3.8). A term incorporated into this Contract by reference to a document that was not available at the published address at the moment of acceptance does not apply to the Client (part five of article 11 of the Law of Ukraine "On Electronic Commerce" No. 675-VIII).

23. Notices and the language of communication

23.1. The principal channel for the exchange of legally significant notices is email: for the Client, the address stated in the Account; for the Provider, the addresses set out on the Our Details page.

23.2. A notice is deemed received on the next calendar day after the day it was sent, unless the addressee proves that it was impossible to receive it for reasons beyond its control.

23.3. The language of communication, of service and of notices is Ukrainian (article 30 of the Law of Ukraine "On Ensuring the Functioning of the Ukrainian Language as the State Language" No. 2704-VIII). At the Client's choice, recorded in the Account, communication may be conducted in another available language.

23.4. Documents signed with a qualified electronic signature. The Provider accepts documents signed with a qualified electronic signature, including by means of "Diia.Signature", sent as attachments to a message addressed to the address for legally significant notices stated on the Our Details page. Files are accepted in the formats that can be verified by the qualified electronic signature verification tools of the Central Certifying Authority of Ukraine — in particular a detached signature (.p7s) together with the signed file, or an ASiC container. The Provider uses no separate electronic document management service and requires registration in none: a document signed with a qualified electronic signature is sent as an attachment to an email at the address given on the Our Details page. In those systems the Provider is found by the RNOKPP stated in clause 1.2: the account serves several of the Provider's projects and may be displayed under another name, which does not affect the identity of the party to this Contract. Sending a document by any means other than those stated in this clause is not treated as submitting it. The Provider sends the Client documents signed with a qualified electronic signature by the same means, if the Client so asks.

23.5. How the sending and receipt of a notice are proved. The sending of a notice by email is proved by the full text of the message together with its technical headers, or by the record of the sender's mail system that the message was transmitted. The Provider is obliged to keep such a record for every notice whose sending is a condition of a right of the Provider arising or of a consequence taking effect — in particular the reminders under clause 12.7, the notice of deletion under clause 13.10 and the confirmation under clause 12.5 — for three years (article 257 of the Civil Code of Ukraine). In the absence of such a record, the notice is deemed not to have been sent, with all the consequences established by those clauses.

23.5.1. The Provider does not assert that transmitting a message to the recipient's mail system means that it was delivered to the addressee: the confirmation the Provider receives from the mail system evidences only that the message was accepted for onward transmission. Receipt is therefore presumed in the manner set out in clause 23.2, and that presumption is rebuttable.

23.5.2. This clause does not restrict the Client in its choice of evidence: the Client may prove the sending, the receipt and the content of a notice by any means admissible under procedural law. In relation to a Client that is a Consumer, this clause does not apply to the extent that it would place on the Consumer the proof of matters which the law places on the Provider.

24. Resolution of disputes between the Parties. Applicable law

24.1. The Parties resolve disputes arising out of this Contract by negotiation. A claim is submitted in written form or by email to the address stated on the Our Details page, and is considered within 30 calendar days of the day it is received.

24.2. If no agreement is reached, the dispute is resolved by a court in accordance with the legislation of Ukraine.

24.3. A Consumer's claim may also be brought at the Consumer's registered place of residence or stay (article 28 of the Civil Procedure Code of Ukraine).

24.4. The substantive law of Ukraine applies to this Contract. A dispute is decided on the text of the Ukrainian edition of this Contract, which is the only authentic one (clause 1.4); editions in other languages are provided for convenience and, in the event of a discrepancy, yield to the Ukrainian one. The clause numbers are the same in every language edition.

24.4.1. A Client that is not resident in Ukraine. The choice of law and of forum made in clauses 24.2 and 24.4 does not deprive a Client that is a Consumer residing outside Ukraine of the protection afforded to it by the mandatory rules of the law of its country of residence, and does not deprive it of the right to apply to a court of that country. The Provider states this expressly rather than relying on a stipulation that would not hold in such a dispute:

• under the law of Ukraine, a choice of law by the parties to a consumer contract may not limit the protection afforded to the Consumer by the mandatory rules of the law of its country of residence, stay or location, in particular where the conclusion of the contract was preceded by an offer or advertising in that country and the Consumer did everything necessary to conclude the contract in that country, or where the order from the Consumer was accepted in that country (parts two and three of article 45 of the Law of Ukraine "On Private International Law" No. 2709-IV);
• a court of a European Union Member State applies its own rules irrespective of this Contract: under article 6 of Regulation (EC) No. 593/2008 (Rome I) a choice of law may not deprive a consumer of the protection of the mandatory rules of the law of its habitual residence, and under articles 17—19 of Regulation (EU) No. 1215/2012 a consumer may bring proceedings in the courts of its own domicile and may be sued only there — to the extent that the Provider's activity is regarded as directed to that State.

The Provider does not object to the application of those rules and does not require the Client to waive them. Clauses 24.2 and 24.4 apply in full to a non-resident Client that is not a Consumer.

24.4.2. Irrespective of the Client's place of residence, the restrictions set out in clause 15.8 apply to this Contract.

24.5. Disputes over rights in the domain names themselves are resolved in the manner set out in section 16.

24.6. The invalidity or unenforceability of an individual provision of this Contract does not entail the invalidity of its other provisions, provided it may be supposed that the transaction would have been entered into without the invalid part (article 217 of the Civil Code of Ukraine). This does not limit the Consumer's right to demand the alteration of the other provisions of the Contract, or the invalidation of the Contract as a whole, where holding an individual term unfair affects the remaining terms (part six of article 18 of the Law of Ukraine "On Protection of Consumer Rights" No. 1023-XII).

25. Details and final provisions

25.1. The full details of the Provider, including banking details, correspondence addresses, the address for abuse reports and the particulars of its registrar status, are set out on the Our Details page.

25.2. The edition of this Contract and the date on which it enters into force are stated in the heading of this page.

25.3. The terms on which domain names are registered, renewed, transferred and restored, and the obligations of the Client and of the Registrant, are set out in sections 8, 9 and 12–16 of this Contract. The Distributor Agreement governs relations with individual entrepreneurs and legal entities that conclude it in connection with carrying on entrepreneurial activity and that resell the Services on the Provider's platform; it does not apply to the Client under this Contract (clause 1.8).

25.4. Assignment of rights and transfer of obligations under the Contract. The Client has no right to assign its rights or transfer its obligations under this Contract to another person without the Provider's written consent; this extends to the transfer of the Account (clause 5.6) and does not extend to the Registrant's right to dispose of the domain name itself, including to transfer it to another registrar or to change the Registrant (section 14), which this clause does not restrict. The Provider has the right to assign its rights and transfer its obligations under this Contract to another person only on condition that the person is an accredited registrar in the domain zones concerned, that the Client has been given no less than 30 calendar days' notice of the assignment, and that the Client retains the right, until that date, to rescind the Contract and receive the unspent remainder of the Balance in the manner set out in the document Payments and Refunds. An assignment does not change the Registrant, does not terminate delegation and does not shorten the registration term paid for.