SBU vs. Colocall: Watch out! Do not substitute your resource. Recommendations to site owners
Hello! My car.ua project , like hundreds of others, suffered as a result of the actions of the Security Service of Ukraine in the Dnipropetrovsk region (read more here ). Below, I want to give recommendations on the assertion of my rights to other affected site owners, as well as, possibly, get advice from the community.
Throughout the previous week, I waited for at least some Bell movements to protect the rights of my clients. As it turned out, Kolokol committed them, however, he did not bother to update the news on his website occasionally at this occasion (if you take the same portal of Dnipropetrovsk, he daily covered the situation on this subject). It seems that for them this is an ordinary event and you can get rid of exactly one news.
In general, I have already begun to travel for consultations to familiar lawyers and almost prepared all the papers, as on Friday afternoon they called me from the law company servicing the Bell. I was offered to take part in the struggle for my rights, described the whole future process, and upon completion of the conversation sent ready-made lawsuits. And now the most important thing:
')
What does hosting provider Bell offer:
- file a lawsuit in adminsud for unlawful actions of the SBU
Site owners, you AT ALL have nothing to do with this disassembly. This disassembly especially bells and SBU. They are trying to gain you for the quantity and for giving weight to the pressure on the SBU. So, this pressure will not change anything in principle, except that individual projects will enrich the enemy in the form of the SBU. What is it fraught with? According to your individual projects, fake (or perhaps not fake, you can find on your servers) criminal cases may be initiated, and the examination is a long thing, especially considering the level of our experts.
- A lawsuit against the Bell, requiring them to fulfill the contract. The most interesting thing in this lawsuit is that we are asked to demand simply compliance with the terms of the contract. What about financial responsibility? Besides elementary payment of a hosting, you can have the missed benefit. You have been paid by the advertiser, and you do not twist the ad, your employees are idle, and so on. The main thing is that all your financial statements are documented.
Why does Bell ask us to sue them? In order to do this with a positive judicial decision to sue the SBU, they say they hinder compliance with the contractual terms. But without financial claims, all these claims are just air. The Bell will not be able to tell the SBU about any losses, because the client has no complaints about the financial plan. It turns out the perfect business: everyone pays - you do nothing.
And I almost forgot, for some reason, the Security Service of Ukraine is included in third parties to this agreement. If there is a third party - it must be present. What prevents the SBU from appearing at meetings? But they can come, but will it be better for it ☺
What should the site owners do
- send an official claim to the Bell, taking into account the non-fulfillment of the terms of the contract, and also, necessarily, taking into account all the financial losses. There is the fact of termination of work, there is, at a minimum, an official payment for services. If the claim is recognized, then go to court and confirm it. It is important to register all-all financials. After that, the question of the termination of the contract and the responsibility for information. Calculate how much and how you spent on the creation of your product, etc. and so on. Good lawyers will help you figure this out.
You need to understand one thing, until it is the Bell that customers start to earnestly –– the SBU will not start moving.
What Bell is doing now is a stupid congress from the client’s financial claims. You have to understand that if everyone continues to pay the Bell, the work goes on, then there can be no talk about the maturity between the Bell and the SBU. It may end up simply by saying that the Bell will say "delete illegal information and return us the iron."
PS I have a persistent feeling that the process of capturing servers was like this: the SBU came and said give us the server of such a project, they are answered - oh yes there are so many servers, you will find a fig. Here is the SBU and took a look.
Sincerely yours, project manager of the car.ua Car.ua.
Throughout the previous week, I waited for at least some Bell movements to protect the rights of my clients. As it turned out, Kolokol committed them, however, he did not bother to update the news on his website occasionally at this occasion (if you take the same portal of Dnipropetrovsk, he daily covered the situation on this subject). It seems that for them this is an ordinary event and you can get rid of exactly one news.
In general, I have already begun to travel for consultations to familiar lawyers and almost prepared all the papers, as on Friday afternoon they called me from the law company servicing the Bell. I was offered to take part in the struggle for my rights, described the whole future process, and upon completion of the conversation sent ready-made lawsuits. And now the most important thing:
')
What does hosting provider Bell offer:
- file a lawsuit in adminsud for unlawful actions of the SBU
Site owners, you AT ALL have nothing to do with this disassembly. This disassembly especially bells and SBU. They are trying to gain you for the quantity and for giving weight to the pressure on the SBU. So, this pressure will not change anything in principle, except that individual projects will enrich the enemy in the form of the SBU. What is it fraught with? According to your individual projects, fake (or perhaps not fake, you can find on your servers) criminal cases may be initiated, and the examination is a long thing, especially considering the level of our experts.
- A lawsuit against the Bell, requiring them to fulfill the contract. The most interesting thing in this lawsuit is that we are asked to demand simply compliance with the terms of the contract. What about financial responsibility? Besides elementary payment of a hosting, you can have the missed benefit. You have been paid by the advertiser, and you do not twist the ad, your employees are idle, and so on. The main thing is that all your financial statements are documented.
Why does Bell ask us to sue them? In order to do this with a positive judicial decision to sue the SBU, they say they hinder compliance with the contractual terms. But without financial claims, all these claims are just air. The Bell will not be able to tell the SBU about any losses, because the client has no complaints about the financial plan. It turns out the perfect business: everyone pays - you do nothing.
And I almost forgot, for some reason, the Security Service of Ukraine is included in third parties to this agreement. If there is a third party - it must be present. What prevents the SBU from appearing at meetings? But they can come, but will it be better for it ☺
What should the site owners do
- send an official claim to the Bell, taking into account the non-fulfillment of the terms of the contract, and also, necessarily, taking into account all the financial losses. There is the fact of termination of work, there is, at a minimum, an official payment for services. If the claim is recognized, then go to court and confirm it. It is important to register all-all financials. After that, the question of the termination of the contract and the responsibility for information. Calculate how much and how you spent on the creation of your product, etc. and so on. Good lawyers will help you figure this out.
You need to understand one thing, until it is the Bell that customers start to earnestly –– the SBU will not start moving.
What Bell is doing now is a stupid congress from the client’s financial claims. You have to understand that if everyone continues to pay the Bell, the work goes on, then there can be no talk about the maturity between the Bell and the SBU. It may end up simply by saying that the Bell will say "delete illegal information and return us the iron."
PS I have a persistent feeling that the process of capturing servers was like this: the SBU came and said give us the server of such a project, they are answered - oh yes there are so many servers, you will find a fig. Here is the SBU and took a look.
Sincerely yours, project manager of the car.ua Car.ua.
Source: https://habr.com/ru/post/76789/
All Articles