Offer agreement for the provision of services
and use of the service travelsallaroundtheworld.info
Individual Entrepreneur Shamshur Ivan Olegovich, acting on the basis of the Certificate of State Registration No. 25408287565 dated 22.01.2020, hereinafter referred to as the "EXECUTOR", on the one hand, publishes these Terms, which are a public offer (offer) for the provision of the Services and / or the provision of access to the Service (site) on the Internet and other related services.
1. TERMS AND DEFINITIONS
For the purposes of this Offer Agreement, the following terms are used in the following meanings:
- Service - a site located on the Internet at travelsallaroundtheworld.info , as well as any sites in the domain zone * .travelsallaroundtheworld.info (where * is any name)
- Client (Customer) - an individual and / or legal entity who has accepted the terms of this offer and / or uses the Service.
- Price List - a current systematized list of the Contractor's Services with prices published on the Internet at the following address: https://travelsallaroundtheworld.info/tariffs
- Service - connection for a certain period of additional functionality of the Service, in accordance with the Price List and the terms of this offer
- Authentication data - a unique username (login) and password (password) of the Client used to access the Service. The email address specified by the Client when registering on the Service is used as a login.
- Authorization is a process of analysis on the Contractor's server of the Authentication data entered by the Client, based on the results of which it is determined that the Client has the right to receive the Service.
- Credentials - Client's email address, password, surname and first name
2. GENERAL PROVISIONS
2.1. These Terms and Conditions in accordance with Art. 435 of the Civil Code of Ukraine are a public offer (offer) of the Contractor to individuals and legal entities, containing the essential terms of the contract for the provision of Services and the use of the Service.
2.2. Full and unconditional acceptance of this offer are any actions to fulfill the conditions specified in this offer, including payment for the Services, registration as a Client on the Service website, as well as other actions confirming the person's intentions to use the Service and / or Services.
2.3. From the moment of acceptance, the Client is considered to have read and agreed with this offer and, in accordance with the Civil Code of Ukraine, is considered to have entered into a contractual relationship with the Contractor in accordance with these Terms.
2.4. The obligations of the Contractor are limited by the terms of this offer, in particular, the obligations of the Contractor do not include the provision of services to the Client to provide access to the Internet. The Client provides access to the Internet at his own expense. Also, the Contractor does not provide the possibility of receiving and transmitting electronic messages by the Client at the Contractor's office; settings and / or diagnostics of computer hardware and software, as well as training the Client and / or the Client's employees in the skills of working with software and hardware.
2.5. Services are provided on the terms specified in the document "Offer Agreement" (this document) posted in the public domain on the Internet at https://travelsallaroundtheworld.info/oferta
2.6. The Contractor has the right to change or supplement these Terms at any time, both with and without notice to the Clients. The current edition is always on the Contractor's website at https://travelsallaroundtheworld.info/oferta
3. COST OF SERVICES AND PAYMENT PROCEDURE
3.1. The cost of the Services is determined in accordance with the Price List
3.2. The Contractor has the right to unilaterally change the Price List at any time.
3.3. Services are paid for by the Client on a prepayment basis, while the method of prepayment for the Services is determined by the Client independently from the number of options offered on the Service website
3.4. The date of the provision of the Services by the Contractor is the date of connection (renewal) for a certain period of additional functionality of the Service
4. PROCEDURE FOR PROVIDING SERVICES
4.1. The Contractor grants the Client, for the duration of the contract, a non-exclusive, non-transferable or alienable in any form, with a limited period of validity, the right to access the Service exclusively for the client's business operations, provided that such do not include the lease of the Service.
4.2. The Client's access to the Service is carried out on the Internet by entering the Authentication data by the Client at the address of the Service
4.3. The provision of the service is carried out after the deposit of funds to the account of the Contractor.
4.4. After the expiration of the period for which the additional functionality of the Service was connected, the Contractor disconnects the additional functionality of the Service.
4.5. The reporting period for the provision of Services is set in the Price List
4.6. Delivery and acceptance of services is carried out in the following order:
4.6.1. Within five working days from the date of the provision of the Services (connection for a certain period of additional functionality of the Service, in accordance with the price list and the terms of this offer), the Contractor draws up a unilateral Act on the services rendered in accordance with the cost of the services provided.
4.6.2. The services are deemed to have been rendered by the Contractor in a proper manner and accepted by the Client in the amount specified in the Act, if within five working days from the moment the Act was issued, the Contractor has not received motivated written objections from the Client.
After the expiry of the period specified above (five working days), the Client's claims regarding the shortcomings of the Services, including the quantity (volume), cost and quality, are not accepted.
4.7. The costs, including the bank commission, for the transfer of funds by the Client under this Agreement shall be borne by the Client.
5. RULES OF USE OF THE SERVICE
5.1. Registration in the Service is carried out by the Client independently by specifying his Credentials. The elements that identify the Client in the Service are the email address and password specified during registration (credentials).
5.2. The email address and password used by the Client to access the Service are not restored by the Contractor. Password recovery is carried out by the Client independently.
5.4. The client is fully responsible for actions and / or omissions that led to disclosure, loss, theft, etc. his credentials and other information that individualizes the Client, as well as for any actions and / or inaction of third parties using the Client's credentials. The Contractor is not responsible for the above actions of the Client and / or third parties using his credentials.
5.5. When using the Service, any actions aimed at obtaining unauthorized access to the resources of the Contractor's server, personal credentials and other data of other clients, as well as any other data available via the Internet are prohibited.
5.6. When using the Service, the Client is prohibited from sending bulk e-mails of a commercial, advertising or other nature that have not been agreed (requested) by the recipient of the information by e-mail or to teleconference groups through the technical resources of the Contractor ("spam"). It is not considered "spam" to send information with the consent of the recipient, with the possibility of unsubscribing. Electronic communications are understood as messages of e-mail, ICQ and other similar means of personal communication.
5.7. It is forbidden to send "spam" through resources that do not belong to the Contractor, if the message contains the coordinates (website address, e-mail, etc.) supported by the Contractor.
5.8.1. The use of the service should be carried out by the Client only for legal purposes and by legal means, taking into account the legislation of Ukraine.
5.8.2. The Client is directly responsible for the content of information nodes created and maintained by the Client. The Contractor does not exercise preliminary control over the content of the information posted and / or disseminated by the Client, however, when the placement and dissemination of such information is contrary to the law, the Contractor has the right to block or delete the corresponding resources without warning (in case of serious violations).
5.8.3. It is prohibited to post and distribute photo and video materials of a pornographic, vulgar, violent nature, as well as any materials in violation of copyright or legislation, in particular, calls for violence, overthrow of the existing government, discrimination on gender, racial, religious, ethnic grounds, etc. P.
5.8.4. It is forbidden to post and distribute any information or software that can be used only for hacking computer systems or contains computer viruses or other components equated to them.
5.8.5. It is forbidden to place so-called "doorways" and other forms of search spam.
5.8.6. The Client undertakes not to damage the software shell, hardware and software, the node machines of the Contractor and third parties.
5.8.7. The client undertakes to respect the copyright for the software and documentation provided by the Contractor and / or third parties.
6. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR
6.1. The Contractor undertakes:
6.1.1. Ensure the operation of the Service, in accordance with these Terms, around the clock, 7 days a week, including weekends and holidays (the service must be available at least 90% of the time per month), except as otherwise specified in this Agreement.
6.1.2. Keep records of the Client's payment for the Services.
6.1.3. Maintain the confidentiality of the Client's credentials. The Contractor has access to the Client's information in order to provide technical support for the operation of the Service, and also has the right to access such information in cases of receiving claims from third parties regarding illegal and / or malicious, as well as other actions of the Client that harm the Contractor and / or a third persons. The Contractor has the right to communicate the above data only to the competent state authorities in the cases provided for by the current legislation of Ukraine.
Backing up the Client's data in order to prevent loss of information does not violate the confidentiality of the Client's information.
6.2. The contractor has the right:
6.2.1. Suspend the work of the Service to carry out the necessary planned preventive and repair work on the technical resources of the Contractor, as well as unscheduled work in emergency situations.
6.2.2. Interrupt the operation of the Service, if this, in particular, is due to the impossibility of using information and transport channels that are not the Contractor's own resources, or the action and / or inaction of third parties, if this directly affects the operation of the Service, including in an emergency. The Contractor does not bear any responsibility to the Client and does not reimburse the Client for any losses and / or lost profits, incl. incurred by the Client and / or third parties due to disclosure, loss by the Client or theft from the Client of credentials, as well as those that have arisen or may arise from the Client in connection with delays, interruptions in work and the inability to fully use the resources and Services of the Contractor arising from the above reasons ...
6.2.3. Make changes and additions to these Terms and Conditions and the Price List by publishing these changes and additions on the Service website.
6.2.5. The Contractor has the right to update the content, functionality and user interface of the Service at any time at its sole discretion.
6.2.6. Upon expiration of 1 (one) calendar month from the date of termination or termination of the Agreement, the Contractor has the right to delete all client data from the Service without the possibility of recovery and is released from any obligations related to the Client Data.
6.2.7. The Contractor has the right to refer to the Client as a user of the Service and / or Services, in any form and on any medium (including on the Service website and any other sites and / or in the Contractor's advertising materials).
7. LIABILITY OF THE PARTIES
7.1. On all issues not regulated by this offer, as well as when resolving disputes arising in the process of its execution, the Parties are guided by the current legislation of Ukraine.
7.2. The client is responsible for any of his actions and / or inaction, both intentional and unintentional, as well as for any actions and / or inaction of persons using his credentials related to the posting and / or dissemination of information on the Internet, obtaining through use resources of the Contractor access to the resources of third parties that have entailed and / or may result in a violation of any legislation of Ukraine, as well as for any damage caused by the above actions and / or inaction to the Contractor, third parties and the moral foundations of society. The Contractor is not responsible for such actions and / or inaction of the Client or persons using his credentials, as well as the consequences of such actions and / or inaction.
7.3. The Client is responsible for any illegal actions and / or inaction of the Client and / or persons using his credentials, which caused any harm to the Contractor, including the loss of business reputation, and reimburses the Contractor for losses.
7.4. The Contractor is liable to the Client only within the limits of the paid, but not rendered Services. The Contractor is not financially liable to the Client and does not return the funds paid under this Agreement to the Client if the Services were not provided through the fault of the Client, in particular, due to violation of these Terms.
7.5. If the proper execution by the parties of these Terms is impossible due to objective reasons that the Parties could neither foresee nor prevent (natural disasters, changes in the current legislation of Ukraine, actions of state authorities and administration, military actions of all kinds, etc.), neither of the parties has the right to demand from the other party compensation for losses caused by improper performance or non-performance of this agreement (including lost profits).
8. TERMINATION OF THE CONTRACT
8.1 The Agreement may be terminated:
8.1.1 by the Client at any time with prior notification of the Contractor at least 10 (ten) working days prior to termination;
8.1.2 by the Contractor at any time with prior notice to the Client at least 10 (ten) working days prior to termination;
8.1.3 by agreement of the Parties at any time;
8.1.4 On the initiative of any of the Parties in case of violation by the other Party of the terms of the Agreement with written notification of the other Party at least 10 (ten) working days before termination of the Agreement;
9. OTHER CONDITIONS
9.1. The Contractor has the right, if necessary, to involve third parties with the appropriate licenses to provide the Services and ensure the operation of the Service.
9.2. The name and numbering of the articles of this offer are for ease of reading and do not matter in the interpretation of these Terms.
9.3. In the event that any paragraph of these Terms is not subject to literal execution, it is interpreted in accordance with the current legislation of Ukraine, taking into account the original interests of the Parties, while the remainder of the Terms continues to operate in full.
9.4. If the action of the Client was the basis for the presentation of claims against the Contractor, claims of third parties and / or orders for the payment of penalties by state authorities in connection with the violation of the rights of third parties and / or legislation, the Client undertakes to immediately, upon the request of the Contractor, provide him with all the requested information regarding the placement and content of the materials used in the Service, to assist the Contractor in the settlement of such claims and claims, as well as to reimburse all losses caused to the Contractor as a result of such claims, claims, orders being presented to him.
9.5. All disputes that have arisen are resolved in court at the location of the Contractor.