Legalization of hosting services on foreign servers. Who and how solved or solved this problem?

Question

Hetzner

Friends, hello.

I'll start with the question: can an individual entrepreneur somehow officially obtain a license for telematic communication services in order to sell virtual hosting if Hetzner has servers in Europe?

Further, for sympathizers, I will describe how we came to such a problem. We have a small web studio, we keep our servers at Hetzner, which is very satisfied (in terms of price / quality / infrastructure ratio). While we are developing projects, we are spinning them on our servers. Then it's time to send the customer on an independent voyage, to a separate hosting. And customers do not want to leave us (they like the speed and stability of the site on our server), while they have their own server for 40-50 €/month. they don’t want to buy either (because in addition to the high prices compared to shared hosting, they also get problems with administration).

As a result, we leave clients on our servers and collect 500 symbolic rubles from them per month, calling this service in the contract and invoices "technical support for the site." But, in fact, this is a virtual hosting.

I don’t want to get a hat on one day for the fact that we sell hosting without a license.

Answer 1

By cap, you can get absolutely no connection with the presence / absence of licenses, we do not live in Chicago. And if you understand the law, then the concept of “hosting” is completely absent in the legislation, and “telematic services” imply the presence of a communication center with the connection of all sorts of SORMs, and so on. If the invoice/contract does not explicitly state “telematic services etc”, then proving that technical support, including hosting customer sites outside our country, is the provision of telematic services without a license is too hemorrhoidal task. And the amounts are not the same, so I would not worry.

Answer 2

I had the same problem, but it was solved in a similar way to yours.
According to the contract, we provide the service “search and purchase of hosting with the specified parameters”, as well as “if necessary, a configuration and administration service is provided”, while we assume “all search and acquisition costs”.
In this case, everything is true not only in letter, but also in spirit. A server is taken from a hatzner - search and purchase, sawed on VDS / virtual hosting - configuration and administration.
The main thing is that it doesn’t sound anywhere in the contract that you yourself provide those services that relate to telematics, and ideally prescribe a complete lack of responsibility for services (which is one of the signs of the provision of telematic services).

Answer 3

Once I was interested in exactly the same scheme for an LLC.
Getting a license is not difficult. The main trouble with accounting when a foreign counterparty appears in the game
BTW Are you a hetzner as an IPshnik paying from your own pocket without reducing the taxable base? Taxation scheme - simplified income?

Answer 4

If you, as an IP specialist, pay out of your own pocket, then take money from clients as for providing services to support their sites. You received money from a client, paid taxes, and no one cares what you pay out of your own pocket. And no license is needed here :)

Answer 5

IMHO, in this case, you do not provide any telematic services, but resell it from Hetzner.
But you should not highlight it as a separate line in the invoice :) write it in the site support package

Answer 6

Sign an affiliate program with a hoster, rent a virtual host from them for 150 and show it officially, with a contract.
Hoster licenses in this case cover the backside.

Answer 7

Use representatives in your country.
Hetzner has in the Russian Federation, for example.