PUBLIC OFFER AGREEMENT FOR THE PROVISION OF ACCESS TO WEB SERVICE
This agreement is a public offer of ИП Журавлев Д.А., hereinafter referred to as the Contractor, in accordance with Article 437 of the Civil Code of the Russian Federation
1. TERMS AND DEFINITIONS
“Customer” means an individual person, legal entity or an individual entrepreneur who accepted this offer. In accordance with Clause 3 of Article 438 of the Civil Code of the Russian Federation acceptance of the offer is, including, payment for services of the Contractor.
“Parties” mean the Contractor and the Customer collectively for the purposes of this Agreement.
“Service” means enabling the User to use the web service and its functions by remotely connecting via the Internet within the scope and time provided for by the tariff.
“User” means any individual having a valid account on the website https://tgwidget.com, directly using the service in the name and on behalf of the Customer and as agreed with the Contractor.
“Web service” means TgWidget software available on the Internet at the website https://tgwidget.com, as well as other software that may be provided under the Tariff.
“Account” means the set of authorization data and other information of the User available on the Internet at the website https://tgwidget.com.
“Tariff” means the list and specification of the services provided by the Contractor (their scope, characteristics, duration, cost, etc.) published on the Information Resource.
“Information Resource” mean the Contractor's website https://tgwidget.com
2. GENERAL PROVISIONS
2.1. The Contractor undertakes to provide, and the Customer to pay in full and in a timely manner for the services provided for in this Agreement.
2.2. The services do not include customization of the User's software or hardware.
2.3. The Contractor reserves the right to make changes to this Agreement unilaterally, subject to prior notification of the Customer by publishing the relevant information on the Information Resource.
2.4. All changes made to the Agreement shall come into effect after the date indicated in the corresponding publication on the Information Resource, but not earlier than 3 days after the publication of the relevant information. In any case, each time the User uses the services, they confirm that the Customer has read and accepted all the terms of the revision of the Agreement, which has been established by the Contractor to be effective at the time of using the services.
2.5. The exclusive and non-exclusive rights to the web service and other software used by the Contractor for the provision of services belong to the Contractor and are not transferred to the Customer and/or the User.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The Contractor undertakes to provide services to the Customer in a quality and timely manner and to the full extent.
3.2. The Customer shall have no right to rent, lease, lend, distribute, provide for a fee or free of charge the access to the web service to third parties (except for users authorized by the Customer). This restriction does not exclude the possibility of the Customer to independently use the web service in the interests of third parties, while remaining responsible to the Contractor for compliance with the terms hereof.
3.3. In case of violation by the Customer or the User of the terms of this Agreement, the Contractor shall have the right to block the User’s access to services. In this case, any amounts paid by the Customer for services are not refunded, but are withheld by the Contractor as penalties.
3.4. The Client shall:
Pay the services of the Contractor in a timely manner and in full in accordance with the selected tariff.
By using their own efforts and means, to ensure access to the Internet and the availability of the necessary equipment and software for the use of the services.
Fully comply with and follow the terms of the Agreement and other agreements and rules concluded with the Contractor.
Promptly inform the Contractor of possible problems associated with the use of services that arise through the fault of the Contractor. Immediately notify the Contractor in case of detection of any technical problems.
Use the Services provided by the Contractor only in accordance with laws of the Russian Federation and not to hold the Contractor liable for damage of any kind incurred by the Customer or a third party in the course of using the Services provided by the Contractor.
3.5. The Customer undertakes not to carry out the following actions with respect to and through the use of the Services provided:
Use the services for illegal purposes.
Download or create any Information materials that violate the terms of this Agreement, intellectual property rights or any other rights of the Contractor or third parties.
Perform any actions with the purpose of misleading the Contractor and/or third parties.
Allow third parties to use their account and/or authorization data to access and use the Services.
Tamper with the operation of the web service, as well as attempt to access any other services not intended for the Customer.
Reverse engineer the technology, access the source code without authorization or otherwise try to obtain the source code of the web service and the Services provided with them.
Use the Service in a way that can interrupt or disrupt normal operation of the web service.
Carry out any other illegal actions in relation to or through the use of the web service.
3.6. The Customer understands and agrees that any information about the Customer that becomes known to the Contractor in connection with the fulfillment of their obligations under the Offer may be used by the Contractor for marketing purposes, including for conducting promotional events, sending notifications and advertising information. To deny usage of the information about the Customer for the purposes specified in this clause, the Customer must send the Contractor a corresponding written statement that does not entail an automatic termination of the Agreement, if it follows from the statement that the Customer explicitly denies using personal data for the purposes specified in this clause.
3.7. The Customer is not entitled to assign their rights and obligations under the Agreement to third parties without the written consent of the Contractor.
4. COST OF THE SERVICES AND PAYMENT PROCEDURE
4.1. The cost of the Services is determined at the time of payment by the Customer according to the selected tariff.
4.2. The Services are provided on a prepaid basis, with the payment made by the Customer by transferring funds to the Contractor's account (for legal entities or individual entrepreneurs) or by other methods published on Information Resource (for Customers being individual persons).
4.3. The date of payment for the Services is the date the funds are credited to the current account of the Contractor.
4.4. Services are provided by providing access to the web service to the User account specified by the Customer.
4.5. In case if at the end of the term of use of the service provided by the tariff the Customer fails to pay for the use of the service for the following term, the Contractor, without prior notice and immediately at the end of the paid term for using the services, terminates the User's access to the services.
4.6. In case of non-use by the Customer of the services (lack of the Customer's need for the services, inability to receive services, caused by technical or other problems on the part of the Customer or the User, or the user account blocked), the cost of services paid by the Customer is not returned, and the service is considered to be provided in full.
4.7. When transferring money to pay for services through third-party payment systems, the Customer undertakes to follow all instructions published on the website of the payment system, through which the money is transferred. The correctness of the Customer’s fulfillment of the terms of payment through a third-party payment system is beyond the control of the Contractor, and the Contractor shall not be liable for this.
4.8. All costs associated with the transfer of funds through payment systems and services (including, but not limited to, fees and commissions of these systems, taxes, etc.) are paid by the Customer independently and at their own expense.
4.9. The services provided by the Contractor are not subject to VAT.
5. PROCEDURE FOR DELIVERY AND ACCEPTANCE OF THE SERVICES PROVIDED
5.1. The Contractor and the Customer do not sign any certificates. The fact of payment confirms the quality of services provided.
6. LIMITATION OF LIABILITY
6.1. The Parties agree that the Contractor shall not be liable for the impossibility of providing the Services for reasons beyond their control, including, but not limited to, malfunctioning of software and hardware complexes of third parties and/or data transmission channels not owned by the Contractor.
6.2. The Contractor shall not be liable to the Customer for any losses and uncollected benefits associated with the use by the Customer of the Services.
6.3. The Contractor shall not be liable for the content of any data and information materials that are created, processed, transmitted and received by the Customer when using the services, and shall not compensate for any damages caused by such data, as well as content and use of this data.
6.4. The Customer is solely responsible for any activities associated with the use of their user account and authorization data.
6.5. The Contractor shall not be liable for any damage caused to the Customer or to third parties as a result of misunderstanding or failure to understand the terms of this Agreement.
6.6. The Contractor shall have the right to suspend the provision of services for performing emergency maintenance and/or to update the web service, and the Contractor undertakes to inform the Customer of such maintenance or updating by publishing the relevant information on the Information Resource.
6.7. The Customer agrees that no guarantees and representations can be given regarding to safety of any information transmitted through the Internet, including through secure communication channels in encrypted form, from unauthorized access by third parties. In this regard, the Contractor shall not be liable for any damage caused to the Customer due to unauthorized access of third parties to the information materials of the Customer.
6.8. Neither Party shall be liable to the other Party for lost profits, other indirect/consequential damages, regardless of whether such a Party could have foreseen the possibility of causing such damages to the other Party in any particular situation or not.
6.9. The Parties shall be exempt from liability for partial or complete failure to fulfill their obligations under this Agreement if this failure was the result of circumstances beyond their control that arose after the execution of the Agreement as a result of emergency events that the parties could neither foresee nor prevent by reasonable measures (force majeure). The Parties shall inform each other within 3 days after the time of occurrence of these circumstances.
7. FINAL PROVISIONS
7.1. The Contract shall become effective at the time of payment by the Customer for the Services according to the Tariff chosen by the Customer and shall be valid for the duration of the entire period when the Contractor provides the Services and the Customer pays for them, but in any case until the Parties fully fulfill their obligations under the Agreement.
7.2. The Agreement shall be terminated in the event of termination of the Agreement by agreement of the Parties or at the initiative of one of the Parties in the event of a gross and/or systematic violation of the terms of the Agreement by the other Party.
7.3. Any and all rights and obligations held by the Customer under this Agreement may not be transferred to anyone without the consent of the Contractor.
7.4. This Agreement terminates all previous oral or written agreements between the Parties regarding the subject of the Agreement. This Agreement replaces all previous information that the Customer had or could have regarding the procedure for the provision, acceptance and payment for the Services.
8. CONTRACTOR DETAILS
ИП Журавлев Д.А. ОГРНИП 319665800114918
Registered office: Russia, 624262, Sverdlovsk Region, Asbest town, Stroiteley st. 20, apt. 59