Contract on providing of online services
This Contract is a public Contract and the following conditions are the offer (proposal) of online platform «KNOWLEDGE», to any person (natural or legal person), hereinafter Customer, who accepts these conditions.
Functions — various functions of the Service and software complex which enables Customer to keep track of Customer’s business activity and implement its optimization.
Information materials — any text, graphics, audio, video and mixed materials of an informative nature.
Personal payment account — a function of the Service which allows to monitor expenditure which was spent by Customer on the providing of services.
Tariff plan — a detailed list of available services, their characteristics and cost.
1. Subject of the Contract
1.3. The Customer has the right to use the Services without paying within 7 days of registering Account of the Customer. After this period the Customer has to pay the cost of Services according to their chosen Tariff plan for the future use of the Services. In the case if Services are not paid access to them is limited in the manner set out conditions of this Contract.
1.4. The Services are provided and received by the Parties using the Internet.
1.5. The list of Services does not include the providing of using the services in the office of the Contractor, setting and/or diagnostic equipment (personal computer, modem, etc.) and software of the Customer, as in the office of the Contractor and out to Customer, as well as training skills on the Internet.
2. Rights and obligations of the Parties
2.1. Obligations of the Customer:
2.1.2. To provide access to the Internet and the availability of required equipment from own funds.
2.2. Obligations of the Contractor:
2.2.1. To provide the Services for Customer qualitatively, timely and fully.
2.2.2. To inform the Customer about the conduction of preventive maintenance and repair works which affect the availability of Services by sending appropriate warnings to the email address of the Customer not later than 24 hours (twenty-four hours).
2.2.3. To maintain the confidentiality of Customer data, guided by the «Privacy Agreement» and relevant law.
2.3. The rights of the Customer:
2.3.1. To require the Services in accordance with the terms of the Contract promptly and qualitatively from the Contractor
2.3.2. Timely and in full to receive information from the Contractor (including in writing) regarding the quality, value and order of providing the Services. At the same time counseling on how to use the Service and Functions by Contractor is provided exclusively by (counseling is not done by telephone, fax and other communication).
2.3.3 The customer has the right to suspend the receipt of services in accordance with clause 8.4 of this Agreement.
2.4. The rights of the Contractor:
2.4.1. In case of delay in payment of Services, as well as in the case of violation of conditions of Contract and / or agreements governing the use of the Services by the Customer, Service and Functions («User Agreement», «Privacy Agreement» etc.) and / or violations of applicable law, Contractor will have the right to reduce the amount of Services or suspend providing of Services to the Customer by blocking access to the Customer Account, the Service and Functions.
2.4.2. At the expiration of sixty (60) calendar days from the date of blocking access to the Customer Account the Contractor has the right to destroy the Account of Customer and Information materials of Customer stored in it.
2.4.3. In case of Customer over-claiming for functionality, hardware and other resources that are available within the Services, the Contractor has the right to offer to the Customer switching to another Tariff plan.
2.4.4. Contractor will have the right to involve third parties to fulfill the obligations under this Contract. In this case, Contractor shall be responsible for the quality of providing Services with the limitations of liability noted in this Contract.
3. Cost of Services and payment procedure
3.4. Services are provided in case of the availability of a positive balance in the Personal payment account of the Customer. The Customer has to follow the onset of the negative balance in their Personal payment account.
3.5. Contractor has the right to change the price of Services and Tariff plans unilaterally. The modified cost of Services and Tariff plans come into operation on the date specified in written notice of the Contractor, but not earlier than thirty (30) calendar days from receipt of such notification by the Customer. Change the value of Services and Tariff plans does not apply to those already paid by the Customer Services.
3.6. In case of disagreement with the change in value of the Customer Services and / or Tariff plans, the Customer has to inform Contractor about his disagreement in writing within 7 (seven) days from the date of sending notification about changes from the Contractor by e-mail. In case no agreement is reached between the parties modifying the terms of the Contract, the Contract will be deemed terminated.
3.7. While making the payment Customer must specify in the payment document Tariff plan and the number of Account, which granted him by the registration. If in the purpose payment made by the customer and credited to account of the Contractor, account of the Customer is not specified, the Contractor shall have the right not to provide Services till the confirmation by the Customer of the payment to the particular Account.
3.9. The Customer is responsible by himself for the accuracy of ongoing payments. In case of change of bank details of the Contractor, new bank details may be communicated to the Customer by giving written notice. Since the direction of a written notice about the change in payment details Customer is solely responsible for payments made on obsolete bank details.
3.10. The date of payment Services is the date of receipt of funds for the current account of the Contractor.
3.11. With the inability to use by the Customer the Services for reasons beyond the control of the Contractor, and subject to the faithful implementation by the Customer of its obligations under the Contract The Contractor shall not charge a fee for the time of the failure of the Services.
4.1. The Contractor will provide full refund within 7 calendar days after receiving the payment upon the Customer's request to email email@example.com. If more than 7 calendar days have passed after the payment, the payment is not refundable.
5. Responsibilities of Parties
5.1. The parties understand the specificity of data processing and transmission on the Internet, and therefore agree that the Contractor shall not be liable for any failure of the Services for reasons beyond his control, including but not limited to, as a result of failures of software — hardware complexes of third parties and / or channels data, not belonging to the Contractor.
5.2. The Contractor shall not be liable for any material losses and loss of profit caused by the use or inability to use the Services by the Customer.
5.3. Contractor is not responsible for the content of any data and information that are generated, processed, transmitted and received by the Customer or other users of the Service and does not cover any losses caused by such information, their content and use.
5.4. If the Customer has become aware of a violation by any other person the terms of this Contract, User Agreement on the use of the Service, the Privacy Agreement or any other agreement with the Contractor, the Customer must immediately notify the Contractor of such violations and take the necessary measures within its competence, for prevent such violations.
5.5. In case that the term of the violation of the providing the Services exceeds 15 (fifteen) calendar days, the Customer has the right to terminate this Agreement unilaterally and demand a refund of the cost of the Services not provided or provided inappropriately.
5.6. Customer is responsible for the safety of their Data authorization and for the documented losses caused to the Contractor as a result of authorized or unauthorized receipt and use of Data authorization of the Customer by anyone. In the case of Data authorization theft (login and password) of the Customer, the Customer has the right to send to the Contractor a written request to change the password with the mandatory appendix to the application of the relevant financial document that confirms the payment of Services on the date of changing the Password.
6. Settlement of Disputes
6.1. All the contradictions between the Parties concerning the Contract performance will be settled through negotiations between the Parties. The Parties will establish a mandatory pre-trial dispute settlement by the claim in accordance with the laws of the country of the Contractor.
6.2. The Contractor will review only claim for Services that are declared by the Customer in writing and in compliance with the limitation period established by the legislation of the country of the Contractor. Term review of the claims of the Customer is not more than thirty (30) calendar days from the date of its receipt by the Contractor.
6.3. In order to resolve technical issues in determining the guilt of the Customer as a result of his wrongful actions when using the Services, Services, Account and / or in the Internet, the Contractor has the right to engage competent organizations as experts.
6.4. The Parties agree that in disputes, the Parties have the right to provide as evidence e-mails with the retention of technical information in them (titles). In the case if the technical information (title) is missing, a letter is not evidence. Original title e-mail confirmed by independent experts, or Internet service provider with which it was sent to the appropriate e-mail.
6.5. If failing the settlement of disputes by negotiation, the disputes dealt with in the appropriate court of the country of the Contractor.
6.6. On all questions not covered by the Contract, the Parties shall be guided by the legislation of the country of the Contractor.
7. Contract time
7.1 The Agreement comes into force from the moment the Customer registers an Account on the Website and is valid for 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 is also terminated if:
7.2.1. the Agreement is terminated in accordance to the desire of the Parties;
7.2.2. refusal of the Customer from the Services, about which he must notify the Contractor 5 (five) calendar days before the date of termination of the Agreement, by sending a message to the Contractor's e-mail address;
7.2.3. the Contractor's refusal to provide the Services upon the expiration of the Agreement, by sending a notice of termination of the Agreement to the Customer no later than 30 (thirty) days before the expiration of the Agreement;
7.2.4. on the initiative of one of the Parties in the event of a gross and / or systematic violation by the other Party of the terms of the Agreement;
8. Subscription policy
8.1 The service is offered with a free trial for 7 calendar days. After the trial version is completed, the Customer will be able to continue using the Site. However, the provision of paid Services will be suspended until they are paid for.
8.2 Tariff plans operate in parallel. At the same time, the Services are written off according to the higher priority plan, while the lower priority ones remain unchanged and come into effect at the end of the priority Tariff plan.
8.4 The Customer may suspend the receipt of services and automatic write-off of paid Services for up to 40 (forty) calendar days in advance, if the Contractor is notified no later than 3 (three) working days in advance by an email to the Contractor's email address: firstname.lastname@example.org.
8.5 All fees do not include all taxes, fees or duties levied by the tax authorities, and the Customer is responsible for all such taxes, fees or duties.
9.2 All contents of the Customer's account will be inaccessible on the Site. Within 7 days, all this content will be permanently removed from all backups and logs. This information cannot be recovered after it has been permanently deleted.
9.3 If the Customer deletes their account with the purchased Services, the cancellation takes effect immediately and the Customer will not be refunded for the cost of the unused services.
9.4 The Contractor, at its sole discretion, has the right to suspend or terminate the Customer's account and refuse any current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of the Customer's Account, as well as the confiscation and / or refusal of all content in the Customer's Account. The Contractor reserves the right to refuse service to anyone for any reason at any time.
10. Supplementary conditions
10.1. The Customer confirms that at the time of signing the Agreement they are familiar with and fully agrees to comply with the terms of the Confidentiality Agreement and the terms of the User Agreement.
10.2. The Parties have determined that the names of the chapters (articles) of the Contract are intended solely for the convenience of the literal text of the Contract and but not for legal interpretation.
10.3. Party, which has brought changes in contact details (postal, legal, address, phone number, bank details of contact persons and other information that may affect the performance of the Contract) is required to inform the other parties within 15 days from the date of such changes.
10.4. Each Party shall ensure the confidentiality of information received upon the Contract performance of technical, commercial or other information that provides value because of its obscurity to others and take action on non-disclosure of such information. In the case of termination of the Contract the transfer of such information to third parties, its publication or disclosure by any other means are possible only by written permission of the other Party, regardless of the cause and date of termination of the Contract.
10.5. Parties are not responsible for the partial or full default of obligations hereunder, provided that this failure was a result of force majeure arising after the conclusion of the Contract as a result of extraordinary events that could not have been foreseen or prevented by reasonable measures (force majeure). The Parties undertake to inform each other within 3 days from the occurrence of such circumstances.