Public contract offer for the provision of information services
Last modified 12/01/2022.
This Public Offer Agreement (hereinafter referred to as the “Agreement”) defines 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) public offer (offer) to conclude this Agreement, hereinafter referred to as the “Customer”, referred to individually as the “Party”, and collectively as the “Parties”, on the following:
1. The Subject of the Agreement
1.1. Under the contract for the provision of paid services, the Contractor undertakes to provide information services to the Customer, hereinafter referred to as “Services”, specified in clause 1.2 of this agreement, and the Customer undertakes to pay for the ordered services. 1.2. This Agreement applies to Services posted on the following websites: vmeste.eu, mpchat.com, myradio24.com, bansikov.de (hereinafter also referred to as all or each separately - the “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 an agreement
2.1. This Agreement is a public agreement, according to which the Contractor assumes the obligation to provide Services to an indefinite number of persons (Customers) who apply for these Services. 2.2. Posting 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 the Customer’s accession to this Agreement, i.e. through acceptance (acceptance) by the Customer of the terms of this Agreement. 2.4. Unconditional acceptance (acceptance) of the terms of this Agreement without any exceptions and/or restrictions is considered to be the Customer’s confirmation of his agreement with 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 his own terms of the Agreement. 2.6. Acceptance of the public offer indicates the Customer’s full and unconditional consent to adhere to the terms of the Agreement.
3. Rights and obligations of the parties
3.1. The performer is obliged: 3.1.1. The Contractor undertakes, at the Customer’s request, to provide the Services in a proper, high-quality manner in the amount and within the time frame stipulated by the Agreement. 3.1.2. At the Customer's request, promptly provide technical support in the event of problems or errors when using the Service. 3.1.3. Return the paid funds to the Customer if it is impossible to further provide services due to the Contractor’s fault, with the exception of the amount of money for the services actually rendered.
3.2. The customer is obliged: 3.2.1. Pay for the ordered services based on the invoice issued by the Contractor to the Customer within 3 (three) calendar days from the date of issue of the invoice by the Contractor. 3.2.2. The Customer guarantees to the Contractor that he has the necessary legal capacity, as well as all the rights and powers necessary and sufficient to conclude and execute the Agreement in accordance with its terms. 3.2.3. The Customer is prohibited from distributing (publishing, posting on Internet sites, copying, transferring 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, creating information products based on it, as well as using this information in any way. or otherwise other 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 annex to the contract “ Rules for using the Contractor’s services ”, immediately before 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 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 if the Customer fails to provide the necessary information to provide services under the Agreement in full, as requested by the Contractor, or the Customer violates the terms and rules published in the appendix to the contract “ Rules for using the Contractor’s services ” or the terms of this Agreement, as well as current legislation applicable to the legal relations of the parties under this Agreement. In this case, the Contractor is not responsible for delays 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 moment it was identified by the Contractor, the Contractor has the right to terminate this Agreement with the Customer unilaterally without any compensation to the latter. Payments paid at such time are not refunded and are retained in full 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 stop using the Service at any time by notifying the Contractor and paying for the Contractor’s services actually rendered at the time of termination.
4. Cost, payment procedure for services and refunds
4.1. The cost of services is determined based on the tariffs posted directly on the Website (clause 1.2 of this agreement) for the paid Service and invoices generated for payment by the Customer. NDS is not appearing. 4.2. The cost of the Contractor's expenses necessary to provide 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 provided for in 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 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 period for consideration of a return claim cannot exceed 30 (thirty) calendar days. The period for the return of funds to the Customer is carried out within 14 (fourteen) calendar days from the date of making a positive decision on the implementation of the Return.
5. Responsibility of the parties
5.1. For failure to fulfill or improper fulfillment of obligations under this Agreement, the parties are liable in accordance with current legislation. 5.2. In the event 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 retained 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 actions performed by the Customer using the Services provided. 5.4. The customer bears full responsibility for the information posted on his resource or the Internet space he uses. 5.5. The Contractor is not responsible for failure to provide the Service due to poor quality work of a third party organization providing services for storage, accumulation, transmission of information, provision of Internet hosting, SMS information services, etc. 5.6. The Contractor is not responsible for the impossibility of servicing the Customer for reasons related to disruption of the Internet channel, equipment or software on the part of the Customer. 5.7. The Customer bears full responsibility for his actions in relations with third parties, as well as to the Contractor, and releases the Contractor from liability for claims of third parties who have signed agreements with the Customer for the provision of services to third parties, which are partially or fully provided by the Customer using the services Performer. 5.8. Under no circumstances shall the Contractor be liable to the Customer for any direct or indirect losses. The concept of "consequential damages" includes, but is not limited to, loss of income, profits, anticipated savings, business or goodwill. 5.9. The Customer bears full 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, encryption tools 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 this requires a license or other permission from government bodies, copyright holders, or other persons and the Customer does not have such a valid license or permission. 5.9.3. If for any reason the Contractor does not provide the Services within the agreed time frame, the Contractor's liability is limited solely to the provision of the ordered Service within the new time frame. 5.9.4. The total liability of the Contractor under the Agreement, for any claim or claim in relation to the Agreement or its performance, is limited to the amount of payment paid by the Customer to the Contractor under the Agreement, and cannot include other expenses associated with the performance or lack thereof of the Customer.
6. Dispute resolution procedure
6.1. The Parties undertake to resolve all disputes and disagreements related to this Agreement through negotiations. 6.2. All disputes and disagreements between the Parties under this Agreement that are not resolved through negotiations are 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 persist consistently for two months and there are no signs of termination, this Agreement may be terminated by either Party unilaterally by sending written notice to the other Party.
8. Changes in the terms of the Agreement
8.1. Changes to the terms of the Agreement are made by the Contractor unilaterally. 8.2. The updated version of the Agreement is published on the Contractor's Website no later than 2 (two) days before the new terms of the Agreement enter into force. 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 new terms of the Agreement come into force, this means the Customer’s full unconditional consent to the new Terms.
9. Final provisions
9.1. The Agreement comes into force from the moment the selected service is ordered or funds are received in one of the Contractor’s accounts (in accordance with clause 2.4 of the Agreement) and is concluded for an indefinite period until the parties fulfill all their obligations under this Agreement. 9.2. The Agreement is considered valid until neither Party declares termination of the Agreement. 9.3. For all questions and complaints, the Customer can contact through the contacts located at: https://vmeste.eu/contact 9.4. If for one reason or another one or more provisions of the Agreement are invalid or have no legal force, this does not affect the validity or applicability of the remaining provisions. 9.5. By agreeing to the terms of the Agreement, the Customer confirms and guarantees to the Contractor that: 9.5.1. The customer will provide accurate information about himself, including when creating an account. 9.5.2. Customer: - has a personal will to conclude the Agreement; - fully familiarized with the terms of the Agreement; - fully understands the subject of the Agreement; - fully understands the meaning and consequences of his actions in relation to the conclusion and execution of this Agreement; - fully and unconditionally agrees with all its terms and conditions, without signing a written copy of the Agreement. 9.5.3. The Customer has become familiar with the information about the content and scope of the Services, the address (location) of the Contractor, the remote procedure for providing the Services, the cost of the Services, the procedure for paying for the Services, as well as the period during which the offer to conclude the Agreement is valid. 9.5.4. The Customer, by accepting the terms set out in the Agreement and providing personal information, gives the Contractor consent to the processing of his personal data and the right to enter it into his own database. The Customer agrees that this and other information necessary for the quality provision of services under this Agreement can be used for any actions of the Contractor directly related to the implementation of its obligations under this Agreement (including, but not limited to, transfer of such information payment systems or other contractors). The Customer is aware of the scope of his rights in accordance with the Law of the Federal Republic of Germany “On the Protection of Personal Data” and the inclusion of his personal data in the Administrator’s database. 9.5.5. The Customer has read and agrees to the Contractor’s Privacy Policy at: https://vmeste.eu/privacy
10. Details of the parties
10.1. The parties unconditionally agree to use the Customer's details to consider the information specified by him when placing an order for the provision of Services. 10.2. Details of the Contractor:
Rules for using the Contractor's services
Attachment to agreement. Last modified 12/01/2022.
1. PROHIBITED:
1.1. It is prohibited to post and distribute materials that violate the laws of the Federal Republic of Germany, as well as Ukraine, EU and CIS countries. This especially includes pornography, propaganda of drugs, violence, murder or racial hatred. 1.2. It is prohibited to post and distribute materials that violate copyright , as well as to post and distribute personal data without the consent of the owners. It is prohibited to host sites that illegally distribute programs, music, films, games and other intellectual property materials protected by copyright! 1.3. It is prohibited to distribute any personal data without the consent of users. This also includes personal files, messages and secret correspondence. 1.4. It is prohibited to post fraudulent pages or sites whose purpose is to deceive users or obtain their personal data. These sites also include sites related to easy money ! 1.5. It is prohibited to place and distribute malicious software : viruses, scripts that perform the function of hacker attacks, gates, proxy servers and the like. 1.6. It is prohibited to run any types of suspicious scripts and unlicensed programs in constant launch mode without the consent of the Contractor. Scripts or programs that cause constant server overload are also prohibited! 1.7. It is prohibited 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. - violate copyright by using compositions to play them on the radio. - upload sound files that violate 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, use radio as media - mass media. - use the radio constantly reaching the limit of listeners - it is necessary to increase the tariff.
2. Violation of rules or conditions
2.1. If the Customer violates the rules for using the Contractor's services, the Contractor reserves the right to block the Customer's service until the circumstances are clarified. 2.2. In most cases, the Contractor notifies the Customer of the violation by E-mail and provides time to eliminate the violation. If the violation is eliminated in a timely manner and the Contractor is notified about it, 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 returning previously prepaid funds.
3. Providing technical support
3.1. The Customer has the right to receive technical support within the framework of the ordered service, which is determined only by the Contractor. 3.2. The Contractor is not obliged to provide technical support if he believes that it goes beyond the scope of the ordered service, or if the Customer begins to communicate 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, messenger or phone. In addition, technical support can be obtained from the community within our forum.
