Public contract-offer for paid provision of information services
Last modified 12/01/2022.
This Public Offer Agreement (hereinafter referred to as the "Agreement") determines the procedure for the provision of information services, as well as mutual rights, obligations and the procedure for the relationship between the Individual Entrepreneur Dimitry Bansikov, hereinafter referred to as the "Contractor", and the consumer of services who accepted (accepted) a public offer (offer) to conclude this Agreement, hereinafter referred to as the "Customer", individually referred to as the "Party", and collectively referred to as the "Parties", as follows:
1. The Subject of the Agreement
1.1. Under the contract for the provision of services for a fee, the Contractor undertakes to provide the Customer with information services, hereinafter referred to as the "Services", specified in clause 1.2 of this contract, and the Customer undertakes to pay for the ordered services. 1.2. This Agreement applies to the Services hosted on the following websites: vmeste.eu, mpchat.com, myradio24.com, bansikov.de (hereinafter also in relation to all or each separately - "Website") 1.3. The name, list, cost, composition, type, terms and other characteristics of the Services are indicated on the Contractor's Website. The Customer independently selects and pays for the required Service using the Contractor's Website. 1.4. Any terms of the Agreement may be changed by the Contractor unilaterally at any time without prior notice to the Customer, by presenting the Agreement in a new edition, subject to its publication on the Website.
2. Procedure for concluding a contract
2.1. This Agreement is a public agreement, according to which the Contractor assumes an obligation to provide Services to an indefinite number of persons (Customers) who applied for the specified Services. 2.2. Placing the text of this Agreement on the website at the following Internet address: https://vmeste.eu/offer is a public offer (offer) of the Contractor addressed to individuals, individual entrepreneurs and legal entities to conclude this Agreement. 2.3. The conclusion of this Agreement is made by joining the Customer to this Agreement, i.e. by means of acceptance (acceptance) by the Customer of the terms of this Agreement. 2.4. The unconditional acceptance (acceptance) of the terms of this Agreement without any exceptions and / or restrictions is considered to be the confirmation by the Customer of his consent to the terms of this Agreement by ordering the selected service or paying the invoice issued by the Contractor to the Customer for prepayment of the ordered Services in the manner and on the terms specified in the Agreement. 2.5. The terms of this agreement are the same for all Customers. The customer cannot offer its own terms of the Agreement. 2.6. Acceptance of a public offer indicates the full and unconditional consent of the Customer to adhere to the terms of the Agreement.
3. Rights and obligations of the parties
3.1. The contractor is obliged: 3.1.1. The Contractor undertakes, at the request of the Customer, to provide the Services in an appropriate manner, qualitatively, in the amount and within the time limits stipulated by the Agreement. 3.1.2. At the request of the Customer, promptly provide technical support in case of problems or errors when using the Service. 3.1.3. Return the paid funds to the Customer in case of impossibility of further provision of services due to the fault of the Contractor, with the exception of the amount of money for the actually rendered services.
3.2. The customer is obliged: 3.2.1. Pay for the ordered services on the basis of the invoice issued by the Contractor to the Customer within 3 (three) calendar days from the moment the invoice is issued by the Contractor. 3.2.2. The Customer guarantees the Contractor that it has the necessary legal capacity, as well as all the rights and powers necessary and sufficient for the conclusion and execution of the Agreement in accordance with its terms. 3.2.3. The Customer is prohibited to distribute (publish, post on Internet sites, copy, transfer or resell to third parties) for commercial or non-commercial purposes the information and materials provided by the Contractor to the Customer under this Agreement, create information products based on it, and also use this information in any or otherwise than for personal use. 3.2.4. The Customer is obliged to familiarize himself with the full current conditions for the provision of Services by the Contractor specified in the Agreement, as well as in the appendix to the agreement " Rules for the use of the Contractor 's services", immediately prior to ordering the selected Service. 3.2.5. The customer bears full responsibility for compliance with the requirements of the legislation of the Federal Republic of Germany, including the legislation on advertising, on the protection of copyright and related rights, on the protection of trademarks and service marks, but not limited to the above, including full responsibility for the content and form of materials.
3.3 The Contractor has the right: 3.3.1. The Contractor reserves the right to unilaterally terminate (refuse) the provision of the Services to the Customer if it is impossible to provide the Services. 3.3.2. The Contractor has the right to unilaterally suspend the provision of Services in the event that the Customer fails to provide the necessary information for the provision of services under the Agreement in full, which was requested by the Contractor, or the Customer violates the terms and conditions published in the appendix to the contract " Rules for using the services of the Contractor " or the terms of this Agreement, as well as the current legislation applicable to the legal relations of the parties under this Agreement. At the same time, the Contractor is not responsible for the delay in the provision of services due to the above reasons. 3.3.3. If the Customer has not eliminated the violation that caused the suspension of the Services within 30 (thirty) calendar days from the date of its discovery by the Contractor, the Contractor has the right to terminate this Agreement with the Customer unilaterally without any compensation to the latter. Payments made at that time are not refundable and are fully retained by the Contractor as a compensation fee.
3.4 The customer has the right: 3.4.1. Accept and pay for the Services in the manner prescribed by the Agreement. 3.4.2. The Customer has the right to terminate the use of the Service at any time by notifying the Contractor and paying for the actually rendered services of the Contractor at the time of termination.
4. Cost, procedure for payment for services and refund
4.1. The cost of services is determined on the basis of the tariffs posted directly on the Website (clause 1.2 of this agreement) of the paid Service and invoices generated for payment by the Customer. Not subject to VAT. 4.2. The cost of the Contractor's expenses necessary for the provision of the Services is included in the cost of the Services and is not paid additionally by the Customer. 4.3. Payment is made by transferring funds using one of the available methods indicated on the Contractor's Website. 4.4. The date of fulfillment by the Customer of the obligations stipulated by the terms of clause 4.3. of the Agreement is the date of receipt of funds to one of the Contractor's accounts. 4.5. The refund of the paid funds is carried out after the Contractor considers a reasoned claim indicating the reasons received from the Customer in writing for the ordered Service. Funds are transferred only to the current account, card or electronic wallet of the Customer from which the payment was made. All costs for this translation are paid by the Customer. The term for consideration of a claim for a refund cannot exceed 30 (thirty) calendar days. The term for the return of funds to the Customer is carried out within 14 (fourteen) calendar days from the date of a positive decision on the implementation of the Return.
5. Liability of the parties
5.1. For non-fulfillment or improper fulfillment of obligations under this Agreement, the parties are liable in accordance with applicable law. 5.2. In case of early termination of the Agreement at the initiative of the Customer, the funds paid by the Customer will not be returned, but will be withheld as a compensation fee. 5.3. The Contractor is not responsible for the content of the Customer's Data, as well as for the content of any information located on the Customer's technical and information resources. The Contractor is not responsible for the actions performed by the Customer with the help of the Services provided. 5.4. The customer is fully responsible for the information posted on its resource or the Internet space used by it. 5.5. The Contractor shall not be liable for the failure to provide the Service due to poor quality work of a third-party organization providing services for storing, accumulating, transferring information, providing Internet hosting, SMS informing services, etc. 5.6. The Contractor is not responsible for the impossibility of servicing the Customer for reasons related to the disruption of the Internet channel, equipment or software by the Customer. 5.7. The Customer bears full responsibility for his actions in relations with third parties, as well as before the Contractor, and releases the Contractor from liability for claims of third parties who have signed contracts with the Customer for the provision of the latter services to third parties, which are partially or completely provided by the Customer with the help of services Contractor. 5.8. The Contractor shall under no circumstances be liable to the Customer for any direct or indirect losses. The term "collateral damages" includes, but is not limited to, loss of income, profits, expected savings, business activity or goodwill. 5.9. The Customer bears all responsibility to third parties and the Contractor, and releases the Contractor from liability for claims of third parties arising in connection with: 5.9.1. Distribution and / or publication by the Customer of any information that contradicts the requirements of the legislation of the Federal Republic of Germany and the country of such placement, or violates the rights and legitimate interests of third parties. 5.9.2. Placement by the Customer on the technical resources of the Contractor of information, computer programs, databases, other objects of intellectual property, means of encryption and other similar specified data (content, content) that fall under the prohibitions or restrictions established by the legislation of the Federal Republic of Germany and the country of such placement, including including, if a license is required for this, other permission of state bodies, copyright holders, other persons and such a valid license or permission is not available to the Customer. 5.9.3. In the event that, for any reason, the Contractor does not provide the Services within the agreed timeframe, the Contractor's liability is limited solely to the provision of the ordered Service within the new timeframe. 5.9.4. The total liability of the Contractor under the Contract, for any claim or claim in relation to the Contract or its performance is limited to the amount of the payment paid by the Customer to the Contractor under the Contract, and cannot include other costs associated with the implementation of activities or lack of such by the Customer.
6. Procedure for resolving disputes
6.1. All disputes and disagreements related to this Agreement, the Parties undertake to resolve through negotiations. 6.2. All disputes and disagreements between the Parties under this Agreement not settled through negotiations shall be subject to consideration in the court of Riesa, Germany, in accordance with the legislation of the Federal Republic of Germany. The decision of this court is final and binding on both Parties.
7. Force majeure circumstances (force majeure)
7.1. The Parties are released from liability for partial or complete failure to fulfill obligations under this Agreement, if this failure was the result of force majeure circumstances that arose after the conclusion of this Agreement, which the Party could neither foresee nor prevent by reasonable measures. The Parties are obliged to immediately inform each other about the occurrence of force majeure circumstances. 7.2. If force majeure circumstances have been operating consecutively for two months and there are no signs of termination, this Agreement may be terminated by either Party unilaterally by sending a written notice to the other Party.
8. Changing the terms of the Agreement
8.1. Changing the terms of the Agreement is made by the Contractor unilaterally. 8.2. An updated version of the Agreement is published on the Contractor's Website no later than 2 (two) days before the entry into force of the new terms of the Agreement. 8.3. The current version of the Agreement is located and available on the Contractor's Website: https://vmeste.eu 8.4. If the Customer continues to use the Contractor's Service after the entry into force of the new terms of the Agreement, this means the full unconditional consent of the Customer to the new Conditions.
9. Final provisions
10. Details of the parties
10.1. The Parties unconditionally agree under the details of the Customer to consider the information specified by him when placing an order for the provision of Services. 10.2. Details of the Contractor: Sole proprietor Dimitry Bansikov VAT number: DE294867892 (Germany) Address: Germany, Riesa, Bahnhofstr. 17 Phone: +49 157 75667350 Email: Website: http://bansikov.de Website: https://vmeste.eu Deutsche Postbank AG IBAN: DE71 7601 0085 0803 8708 59 Bank BIC: PBNKDEFFXXX
Attachment to agreement. Last modified 12/01/2022.
1.1. It is forbidden to place and distribute materials that violate the laws of the Federal Republic of Germany, as well as Ukraine, EU and CIS countries. These especially include pornography, propaganda of drugs, violence, murder or racial hatred. 1.2. It is prohibited to post and distribute materials violating copyright , as well as post and distribute personal data without the consent of the owners. It is forbidden to place sites illegally distributing programs, music, films, games and other materials of intellectual property protected by copyright! 1.3. It is forbidden to distribute any personal data without the consent of users. These also include personal files, messages and secret correspondence. 1.4. It is forbidden to place fraudulent pages or sites , the purpose of which is to deceive users or obtain their personal data. These sites also include sites related to easy money ! 1.5. It is forbidden to place and distribute malicious software : viruses, scripts that perform the function of hacker attacks, gate-sluices, proxy servers and the like. 1.6. It is forbidden to run any kind of suspicious scripts and unlicensed programs in the permanent launch mode without the consent of the Contractor. Scripts or programs that lead to constant server overloads are also prohibited! 1.7. It is forbidden to make any mass mailings without the consent of the Contractor. This also includes automatic spam on forums, blogs and other sites. 1.8. Customers of MyRadio24 radio hosting services are additionally prohibited from: - disseminate information that violates the laws of the EU, CIS and other countries. - infringe copyrights by using compositions to play them on the radio. - upload sound files violating someone's rights for their further distribution on the network. - indicate links to sites that violate the laws of the EU, CIS and other countries. - without licensing to use the radio as a media - mass media. - use the radio constantly reaching the limit of listeners - it is necessary to increase the tariff.
2. Violation of the rules or conditions
2.1. In case of violation by the Customer of the rules for using the services of the Contractor, the Contractor reserves the right to block the service of the Customer until the circumstances are clarified. 2.2. In most cases, the Contractor notifies the Customer about the violation by E-mail and provides time to eliminate the violation. In case of timely elimination of the violation and notification of the Contractor, the service will not be blocked. The time to eliminate the violation is usually no more than 24 hours. 2.3. If the Customer does not eliminate or refuses to eliminate the violation, the service will be blocked without the possibility of a refund of previously prepaid funds.
3. Providing technical support
3.1. The Customer has the right to receive technical support as part of the ordered service, which are determined only by the Contractor. 3.2. The Contractor is not obliged to provide technical support if it considers that it is beyond the scope of the ordered service, and also if the Customer starts communication in a rude manner or resorts to insults. 3.3. To receive technical support, the Customer can contact the Contractor's team via E-mail, instant messenger or by phone. In addition, technical support can be obtained from the community within our forum.