Terms of Service

Terms of Service

 

WHEREAS, “” publisher”, “advertiser”” and “”” publisher”, “advertiser””, “advertiser”” desires to participate in the display advertising network through Performante.com.

Payment Terms:
If the “publisher”, “advertiser” request that payment be made through a third party payment source such as PayPal (Minimum Payout: $100) or Wire Transfer (Minimum Payout: $500), the minimum payment amount will be determined by such third party payment source. Performante reserves the right to withhold payment from “publisher”, “advertiser” if it violates any of the termsand conditions set forth herein.

Eligibility; Authority

If “publisher”, “advertiser” is a corporate entity, “publisher”, “advertiser” warrants and represents that they have the legal authority to bind such corporate entity to the conditions and terms contained in this Agreement, in which case the terms “you”, “your” or “User” shall refer to such corporate entity. If, after your acceptance of this Agreement, Performante finds that “publisher”, “advertiser” does not have the legal authority to bind such corporate entity, “publisher”, “advertiser” will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations.

 

This Agreement shall govern participation in the display Advertising Network (Program) offered by Performante.com. By participating in the Program, you will be deemed to have agreed to these Conditions and terms.

 

” publisher”, “advertiser” must comply with the conditions and terms set forth in this Agreement.

WHEREAS, Performante (Performante) is a company located and registered in Denmark and is engaged in the business of providing display advertising through Performante.com Performante.com is owned and operated by Performante.

 

Participation:

Performante shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in the Program. The following sites are NOT allowed to participate in our Program:

” publisher”, “advertiser” in violation of the Conditions and terms set forth herein will be immediately deactivated. Performante may deactivate “publisher”, “advertiser” with no prior notice, although every effort will be made to notify the deactivated “publisher”, “advertiser” via the email address provided by the “publisher”, “advertiser”.

 

Any sites illegal in the United States or Denmark
Sites displaying child pornography, bestiality or contain links to such content
Defamatory or libelous sites
Sites containing software piracy
Sites containing, describing any form or instructing of illegal activity including but not limited to bomb hacking, phreaking or building
Sites with gratuitous displays of violence; vulgar or obscene language; abusive content and/or content which endorses or threatens physical harm
Sites promoting any type of hate-mongering based on race, politics, ethnicity, gender, religion or sexuality
Sites that participate in or transmit inappropriate newsgroup postings or unsolicited email
Sites promoting any type of illegal substance, paraphernalia and/or activity
Sites with illegal, deceptive or false investment advice and/or money-making opportunities
Sites with any type of content that the general public has deemed to be inappropriate or improper
Sites exploiting or spreading viruses web browser vulnerabilities
Flash update
Download/ Play Now
Stream Now
Browser Updates
Misleading Virus Ads
Media Player Upgrade
Toolbars
Software Downloads
It is the “publisher”, “advertiser”‘s sole responsibility to maintain acceptable content as outlined in this Agreement. Any violation of these rules will result in the “publisher”, “advertiser”‘s immediate removal from the Program, cancellation of your account and your payment will be null and void. Performante shall not be liable or responsible for “publisher”, “advertiser”‘s advertisement content.

Code Placement

Performante ad codes may not be modified from its original format without prior written consent from Performante. “publisher”, “advertiser” agrees to use the ad code provided by Performante not more than once per page view.

Contact Information:

Performante will audit every “publisher”, “advertiser”‘s traffic on a daily basis. If “publisher”, “advertiser” produces or commits fraudulent statistics “publisher”, “advertiser” will have their account permanently removed from our Program and “publisher”, “advertiser” will not be compensated for such fraudulent traffic.

Each “publisher”, “advertiser” may only hold one account with Performante. “publisher”, “advertiser” s may have more than one URL in their account, each of which must be submitted for review prior to placing the ad code on each individual site.

Warranties and representations:

“publisher”, “advertiser” is solely responsible for any legal liabilities arising out of or relating to (i) the content and other material set forth on the “publisher”, “advertiser”‘s websites and/or (ii) any content or material to which users can link through the “publisher”, “advertiser”‘s websites other than through advertisement supplied by Performante. “publisher”, “advertiser” hereby agrees to indemnify, defend and hold harmless Performante and its officers, directors, agents, “publisher”, “advertiser”s and employees from and against all claims, suit, proceeding, assertion, actions, liabilities, losses, damages, expenses and costs including reasonable attorneys fees that may be incurred by reason of any claim arising from or connected with “publisher”, “advertiser”‘s content, commerce, business and/or website conducted by “publisher”, “advertiser” or “publisher”, “advertiser”‘s misuse of the services provided herein or “publisher”, “advertiser”‘s breach of any of its representations and/or warranties provided to its customers or third parties.

 

If “publisher”, “advertiser” is a corporate entity, “publisher”, “advertiser” warrants and represents that they have the legal authority to bind such corporate entity to the conditions and terms contained in this Agreement, in which case the terms “you”, “your” or “User” shall refer to such corporate entity. If, after your acceptance of this Agreement, Performante finds that “publisher”, “advertiser” does not have the legal authority to bind such corporate entity, “publisher”, “advertiser” will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. If “publisher”, “advertiser” produces or commits fraudulent statistics “publisher”, “advertiser” will have their account permanently removed from our Program and “publisher”, “advertiser” will not be compensated for such fraudulent traffic. “publisher”, “advertiser” is solely responsible for any legal liabilities arising out of or relating to (i) the content and other material set forth on the “publisher”, “advertiser”‘s websites and/or (ii) any content or material to which users can link through the “publisher”, “advertiser”‘s websites other than through advertisement supplied by Performante. “publisher”, “advertiser” hereby agrees to indemnify, defend and hold harmless Performante and its officers, directors, agents, “publisher”, “advertiser”s and employees from and against all claims, suit, proceeding, assertion, actions, liabilities, losses, costs, expenses and damages including reasonable attorneys fees that may be incurred by reason of any claim arising from or connected with “publisher”, “advertiser”‘s content, website, business and/or commerce conducted by “publisher”, “advertiser” or “publisher”, “advertiser”‘s misuse of the services provided herein or “publisher”, “advertiser”‘s breach of any of its representations and/or warranties provided to its customers or third parties.

 

Removal from Program:

In the case of non-agreement between Performante and “publisher”, “advertiser” regarding fraudulent activity, the decision of Performante shall be the final. In cases where fraud has occurred and payment has been made, Performante may take legal action against the “publisher”, “advertiser” in addition to closing the account.

Data Reporting:

Performante is the sole owner of all campaign, website and aggregate web user data collected by Performante. Performante shall also be responsible for collecting impressions and geographic statistics. “publisher”, “advertiser” shall only have access to campaign data that is collected through the use of their inventory.

 

Upon termination of “publisher”, “advertiser” from the Program the “publisher”, “advertiser” shall immediately remove all HTML insertion codes and Performante ad codes from any and all web pages where the “publisher”, “advertiser” inserted such codes.

” publisher”, “advertiser” may not artificially inflate traffic counts using any robot, program or device. In addition, “publisher”, “advertiser” may not misuse Performante’s ad codes to affect “publisher”, “advertiser”‘s earnings under this Agreement.

 

 

 

Under no circumstances shall Performantes, its employees, “publisher”, “advertiser” s, or its contractors be liable for any direct, indirect, incidental, special, consequential or punitive damages that result in any way from “publisher”, “advertiser”‘s use of or inability to use the services provided herein or “publisher”, “advertiser”‘s (or “publisher”, “advertiser”‘s customers or authorized users’) reliance on or use of information, services or merchandise provided on or through the “publisher”, “advertiser”‘s website or advertisement.

 

Damages:

In no event shall either party be liable for special, indirect, consequential or incidental damages arising from services provided herein.

Advertisement Restrictions:

Any advertiser caught with the below restrictions will be suspended, and funds will be withheld:

No failure of either party to exercise or enforce any rights under the Agreement shall act as a waiver of subsequent breaches.

 

Google parked domains or Google Adsense
Tech Support advertisements
Any kind of pharmaceutical products or pills
Malware/Scareware/Phishing
Illegal and/or explicit content
Landing pages in violation of legal provisions, privacy rights, trademarks and/or third party rights or offend common decency

Hardcore pornography (any sexual content that is not suitable for minors).
Sites pretending that the visitor has or may have a virus on his device (” Tech Support”).
Paid subscriptions without price information.
Prohibited mechanisms on landing pages.
Any advertiser caught with the below restrictions will be suspended, and funds will be withheld:.

Miscellaneous terms:

” publisher”, “advertiser” may not, without the prior written consent of Performantes, assign this Agreement, in whole or in part, either voluntarily or by operation of law, and any attempt to do so shall be a breach of this Agreement and shall be void. This Agreement is solely for the benefit of the parties and their successors and permitted assigns, and does not confer any remedies or rights to any other person or entity.

Publicity and Trademarks:

” publisher”, “advertiser” hereby permits Performantes to identify “publisher”, “advertiser” as a customer of Performantes and to display “publisher”, “advertiser”‘s logo in connection with identifying “publisher”, “advertiser” as a customer of Performantes. “publisher”, “advertiser” shall not release any information regarding any campaigns and/or relationship with Performantes or its customers in any press release, promotional materials or merchandising materials without the prior written consent of Performantes. No press release or general public announcements shall be made without the mutual agreement of Performantes and “publisher”, “advertiser”.

Dispute Resolution:

In the case of any disputes under this Agreement, the parties shall first attempt in good faith to resolve their dispute informally, or by means of commercial mediation, without the necessity of a formal proceeding.

Audit:

Performantes shall have the sole responsibility for the calculation of “publisher”, “advertiser”‘s earnings.

Headings:.
Headings used herein are for the convenience of the reader, and shall not be deemed to limit or enlarge the substantive provisions hereof.

In the event any provision of the Agreement is for any reason held invalid, unenforceable or illegal, the parties will begin negotiations for a replacement provision and the remaining provisions of the Agreement will be unimpaired. The Agreement shall be construed and interpreted fairly, in accordance with the plain meaning of its terms, and there shall be no presumption or inference against the party drafting the Agreement in construing or interpreting the provisions hereof.

 

This Agreement shall constitute the entire agreement between Performantes and “publisher”, “advertiser” with respect to the subject matter hereof and all prior agreements, representations, and statements with respect to such subject matter are superseded hereby.

 

All written information labeled as confidential or proprietary that is disclosed by either party to the other party shall remain the sole property of the disclosing party. The prohibitions contained in this section shall not apply to information (a) already lawfully known to or independently developed by the receiving party, (b) disclosed in published materials, (c) generally known to the public, or (d) lawfully obtained from any third party. Neither party shall disclose to third parties, other than its agents and representatives on a need-to-know basis, the terms of the Agreement without the prior written consent of the other party, except either party shall be entitled to disclose (i) such terms to the extent required by law; and (ii) the existence of the Agreement.

Pop up loops that can’t be closed by the user.
More than one entry/exit pop up.
Any mechanism that prevents the user from closing the browser window.
Imitation of system error messages.
Downloads/ installations starting without user interaction.
Alert sounds that distress users.

Limitation of liability:

Neither Performantes nor its customers will be subject to any liability for (i) any failure to provide reference or access to all or any part of the website due to system failure or other technological failures of Performantes or the Internet; and/or (ii) delays in delivery and/or non-delivery of advertisement, difficulties with a customer or advertisement; difficulties with a third-party server; electronic malfunction and/or errors in content or omissions in any advertisement.

 

In the event any provision of the Agreement is for any reason held invalid, unenforceable or illegal, the parties will begin negotiations for a replacement provision and the remaining provisions of the Agreement will be unimpaired. The Agreement shall be construed and interpreted fairly, in accordance with the plain meaning of its terms, and there shall be no presumption or inference against the party drafting the Agreement in construing or interpreting the provisions hereof.

Confidential Information:

All written information labeled as confidential or proprietary that is disclosed by either party to the other party shall remain the sole property of the disclosing party. Neither party shall disclose to third parties, other than its agents and representatives on a need-to-know basis, the terms of the Agreement without the prior written consent of the other party, except either party shall be entitled to disclose (i) such terms to the extent required by law; and (ii) the existence of the Agreement.

The Agreement shall be interpreted according to the laws of Denmark without regard to or application of conflict-of-law rules or principles.

Modifications:

Performantes reserves the right to change any of the conditions and terms herein at any time and such changes or modifications shall be effective immediately upon notification by Performantes to “publisher”, “advertiser” via email advising of such change or modification. “publisher”, “advertiser” is responsible for complying with any changes to the terms and conditions within 10 days of the date of change.

Agreement

 

The given Agreement is concluded between

Performante.us, registered and conducting activities in the State of Nevada, the United States of America on the one hand, and the User that expressed his will to purchase the Service under the Agreement and accepted obligations under the Agreement without reservations and to the full extent by following the link “I ACCEPT” under the text of the Agreement, on the other hand,

being collectively governed by the following:

a.the Contractor is the owner of the Software;

b.The Contractor published the Software on the Official Website in order to provide Services;

c.The User examined entirely and comprehensively the substance of the Services provided, the order and conditions under which the Services are provided by the Contractor;

d.The User wishes to purchase the Services of the Contractor and agrees to pay for the Services;

e.Both Parties possess sufficient legal capacity to enter into the Agreement, the User or his representative signing this Agreement are duly authorized to sign this Agreement, all corporate procedures of the User necessary for conclusion of the Agreement in accordance with the legislation of the states of the User or internal corporate documentation of the User including the Articles of Association are performed in due form;

have reached a complete and legally binding agreement and negotiated the following:

1. Definitions and terms

Definitions and terms used in the Agreement and written from a capital letter shall be read in the following meaning:

1.1. The Agreement is the present Agreement including all the appendices and attachments to it.

1.2. The Parties are the user and the contractor.

1.3. The Contractor is the Company Platform Inc., registered and conducting its activities in the State of Nevada, the United States of America.

1.4. The User is the person entering into the present Agreement by following the link “I ACCEPT” under the text of the Agreement, whose address, name and bank account details are stated by this person directly at registration on the Official Website. Change of the address or the State of registration or activity of the User shall not constitute the ground for termination or revision of the Agreement, with the exception of cases when legislation of the state of the new registration and activities of the User prevents the User from performing obligations under the Agreement.

1.5. The Official Website – the site in the Internet where the Software is published. The official website on the date of conclusion of the Agreement is http://admachine.co.

1.6. The Software is the computer program “Ad Exchange Platform”.

1.7. The Client is any person provided with the opportunity to file Application Forms by the User.

1.8. The Application is Application Form on Advertisement or Application Form on Publication.

1.9. The Application Form on Advertisement is the application form completed in the order specified by the Contractor filled in by the Client directly on the Official Website for placing advertisement of the Client on Internet pages of other Internet users.

1.10. The Application Form on Publication is the application form completed in the order specified by the Contractor filled in by the Client directly on the Official Website for placing advertisement of third parties on the Internet page of the Client.

1.11. The Service is the opportunity provided by the Contractor to the User on online use of the Software published on the Official Website including provision by the Contractor to the User of the right to allow the Client to file Application Forms.

1.12. The Personal Account is the personal account of the User in the automated billing system of the Contractor where transactions on funds and payments debiting for the Services provided are recorded by the Contractor. The Personal Account is not a settlement account or a bank account.

1.13. The Account of the User is the User’s individual Official Webpage access parameters herewith the User manages the scope of the Services provided to him, receives information on his Personal Account balance and performs other activities on the Official Website that are relevant to provision of the Service.

1.14. Options are options of Service rendering by the Contractor to the User that define the scope of the provided Service or other parameters of the provided Services. The options are defined on the Official Website.

1.15. Selection is automated procedure of selection conducted with the use of the Software in the course of which

b. It is determined what third party’s advertisement is the most corresponding to the conditions of the Client’s Application Form on Publication and space on the Client’s website for the third party’s advertisement placement is provided.

a. It is determined what website of the third person is the most relevant to the Client’s Application Form on Advertisement and where the Client’s advertising shall be placed.

1.16. Privacy Policy is a document elaborated by the Contractor containing the rules of User’s and Client’s information treatment that is published on the Official Website that constitutes an integral part of the Agreement.

The User is the person entering into the present Agreement by following the link “I ACCEPT” under the text of the Agreement, whose address, name and bank account details are stated by this person directly at registration on the Official Website. Change of the address or the State of registration or activity of the User shall not constitute the ground for termination or revision of the Agreement, with the exception of cases when legislation of the state of the new registration and activities of the User prevents the User from performing obligations under the Agreement.

The official website on the date of conclusion of the Agreement is http://admachine.co.

The Personal Account is the personal account of the User in the automated billing system of the Contractor where transactions on funds and payments debiting for the Services provided are recorded by the Contractor. Options are options of Service rendering by the Contractor to the User that define the scope of the provided Service or other parameters of the provided Services.

 

1.17. Terms of Service is a document unilaterally elaborated by the Contractor containing rules on the Software and (or) the Official Website usage that is published on the Official Website in the form of a single document or a website section, as well as separate instructions, regulations, conditions, clarifications not mentioned directly in the Terms of Service.

1.18. Minimal withdrawal amount is a minimal amount unilaterally specified by the Contractor that can be transferred to the User by the Contractor under section 3.7. hereof.

2. Subject of the Agreement

2.1. The Contractor undertakes to provide the Service to the User within the term of validity of the Agreement, whereas the User undertakes to pay and use for the Service.

2.2. Provision of the Service and its usage are conducted in accordance with the rules and conditions stipulated hereof, as well as unilaterally envisaged by the Contractor in the Terms of Service. The User shall fulfill to the full extent and without exception the conditions and rules of the use of Services stipulated hereof, as well as unilaterally envisaged by the Contractor in the Terms of Service published on the Official Website.

2.3. The User acknowledges that provision of the Service will be executed online via the Internet global network. The Software and/or its components shall not be installed on any servers or any other computer devices belonging or controlled to/by the User or the Client except for auxiliary files ensuring identification of the User or the Client or coordinating interoperability of the equipment of the User or the Client and the Software.

2.4. In order to avoid apprehensions the Parties reaffirm that the Agreement constitutes a service rendering agreement, the Agreement is concluded between the Parties on the basis of the principle Software as a service (SaaS), therefore neither the User nor the Client possesses any rights on the Software (neither vested interests nor non-property rights, or any other rights).

2.5. The obligation of the Contractor to render the Service to the User stipulated hereof occurs from the date of fulfillment of the complex of the following conditions:

a. The Agreement is concluded by the User by means of expressing his/her agreement with the conditions of the Agreement and their acceptance without reservations and to the full extent by following the link “I ACCEPT” under the text of the Agreement;

b. The Agreement has entered into force;

c. The User is registered on the Official Website;

d. The User’s Personal Account is credited with funds in the amount sufficient for payment of the Service.

2.6. The User is entitled to select and amend Options, as well as to perform other activities significant for the provision of the Service on his Account on the Official Website.

2.7. Provided that the opposite is not specified by the Contractor on the Official Website, in case one Option is altered by the User for a mutually exclusive option the Parties shall be governed by the following:

a. In case the existing Option is altered for a more expensive Option, provision of the Service under the more expensive Option begins from the moment of debiting the User’s personal account of the funds in the amount corresponding to the price of the more expensive Option. The funds in the amount of the more expensive Option shall be debited from the User’s personal account on the day of signing up for such Option by the User;

The User acknowledges that provision of the Service will be executed online via the Internet global network. In case the existing Option is altered for a more expensive Option, provision of the Service under the more expensive Option begins from the moment of debiting the User’s personal account of the funds in the amount corresponding to the price of the more expensive Option. The funds in the amount of the less expensive Option shall be debited from the User’s personal account directly before rendering the Service under the less expensive Option.

b. In case the existing Option is altered for a less expensive Option, provision of the Service under the less expensive Option begins from the moment of termination of Service rendering in accordance with the previously used pre-paid Option The funds in the amount of the less expensive Option shall be debited from the User’s personal account directly before rendering the Service under the less expensive Option.

Provision of the Service and its usage are conducted in accordance with the rules and conditions stipulated hereof, as well as unilaterally envisaged by the Contractor in the Terms of Service. The User shall fulfill to the full extent and without exception the conditions and rules of the use of Services stipulated hereof, as well as unilaterally envisaged by the Contractor in the Terms of Service published on the Official Website.

 

3. Functions on Personal Profile. Deals.

3.1. The Company is actually provided due to the Service provider solely under the situations from accommodation remittance as well as adequacy from funds on the Customer’s Private Profile. In the event the funds on the Customer’s Private Profile want for the total settlement for the Solution such Company should certainly not be actually bestowed the Individual.

When the Specialist remits into the Individual the Personal Profile is actually debited in the volume identical to the volume debited coming from the checking account from the Specialist for the settlement no matter the volume that was actually obtained due to the Individual along with the deducted payments and also wage from any type of 3rd individuals sustained during the course of purchases.

The Individual will in as a result of training program make certain purchase from the funds to the Specialist for attributing the Individual profile from the Individual. The Specialist should certainly not ask for as well as the Customer should certainly not pay for any kind of passions for/of the funds paid off through the Consumer and/or transmitted to the Personal Profile.

Accepting from the Personal Profile is actually put to death in the quantity moved to the financial account from the Service provider omitting suits when the Professional chooses to accept the Personal Profile along with a quantity going beyond the quantity transmitted to the Professional’s savings account along with denoting, various other or even business reasons. The objectives and also problems from the extra credit ratings are actually laid outed by Professional unilaterally as well as the selections from the Professional on such added credit ratings should certainly not be actually looked at as approving desire to some Customers just before others or even as supplying perks to various other consumers just before the Customer.

All remittances to the Service provider for accepting the Customer’s Private Profile should be actually created in United States Moneys. Initial sale from any kind of various other money to United States Funds should be actually administered through the Repayment, banking company or even consumer unit, nevertheless in any kind of instance the Professional should certainly not be actually accountable for such transformation, its own formality, neither will he endure any kind of expenditures took place in link along with such sale.

All expenses as well as percentages billed through financial institutions, settlement units or even various other banks joining purchases in between the individual and also the specialist as well as (or even) safeguarding such deals are actually paid out by Customer or even off the funds transmitted to the Customer irrespective which Celebration launched the repayment.

3.4. The Customer’s Private Profile is actually accepted through:

3.4.1. The funds are actually recognizeded due to the Individual or even the Customer or even any sort of 3rd individual to the Professional’s savings account through among the methods detailed on the Representative Web site.

Under no scenarios should the Professional be actually kept monetarily responsible just before the Customer or even any kind of 3rd individual paying to the Professional for the Individual’s Individual Profile recognizeding, especially, yet certainly not as a constraint thereof will the Specialist certainly not be actually placed under commitment to return funds to the Customer or even any type of 3rd individual, or even to accumulate enthusiasms on the compensated funds or even various other.

All repayments helped make to the Specialist due to the Customer or even any kind of 3rd individual to the Individual’s Private Profile should be actually thought about as remittances helped make due to the Customer. Relationships in between the Consumer as well as the Customer are actually certainly not managed due to the Deal, are actually certainly not managed or even confirmed by Service provider consequently the Individual is actually totally responsible for making sure authorized as well as adequate manner for transmission from such repayments due to the Customer or even various other 3rd individuals for the Consumer’s Individual Profile resumption.

All remittances to the Specialist should be actually produced along with sign from the Customer’s Private Profile.

3.4.2. The Consumer’s Private Profile is actually attributed for 3rd individuals’ marketing on the web website from the Customer. The quantity from such settlement is actually identified through Choice.

3.5. The Consumer’s Individual Profile is actually debited:

3.5.1. In the event a Possibility calling for settlement is actually asked for;

In situation the Customer calls for reimbursement (para. 3.7.

3.5.3. Just in case from positioning from the Customer’s ad under his Application on a web site from a 3rd individual. The quantity from such remittance is actually relied on the manner from Assortment.

In attributing the consumer or even debiting’s Private Profile the negotiated amount is actually found out through the Choice leads consisting of commissions and also deductions obtained through individuals doing intermediary features in ad positioning in volumes established through such individuals. Such individuals could be actually various other Consumers from the Software application and also their Customers, the Specialist.

3.7. Given that the Individual’s Private Profile harmony declares and also surpasses Very little drawback total the Consumer is actually allowed to seek the Service provider to return him the funds in the quantity identical or even surpassing the Marginal drawback quantity. Within this lawsuit the Customer’s Private Profile is actually debited in the volume asked for by Consumer for the reimbursement coming from the minute the Service provider gets the Customer’s reimbursement ask for.

The Individual will in as a result of training course guarantee purchase from the funds to the Professional for ascribing to the Private profile from the Customer. The Professional will certainly not ask for and also the Consumer should certainly not spend any type of passions for/of the funds settled through the Consumer and/or transmitted to the Personal Profile.

The reimbursement will be actually finished due to the Professional within 30 (thirty) times coming from the day the Consumer’s demand is actually acquired.

In suit the funds on the Consumer’s Individual Profile are actually not enough for the total repayment for the Company such Solution will certainly not be actually provided to the Individual.

The Reimbursement demand is actually sent out coming from the Consumer’s Profile on the Authorities Site. The ask for is actually thought about acquired by Specialist when all records needed for reimbursement and also specified on the Authorities Internet site is actually given due to the Consumer and also is actually verified due to the Customer through methods specified on the Authorities Web site.

Given that the Individual’s Private Profile harmony is actually beneficial and also goes beyond Very little drawback total the Consumer is actually qualified to seek the Professional to return him the funds in the volume equivalent or even going beyond the Marginal drawback volume. In this claim the Individual’s Individual Profile is actually debited in the volume sought through the Customer for the reimbursement coming from the instant the Specialist acquires the Customer’s reimbursement ask for.

The Contractor shall use the services of a notary or another credible person to record and( or) confirm such data on the specified moment for resolution of contingent disputes or disagreements with the User. In case such a person is addressed data disclosure to this person shall not be considered violating the Agreement or other obligations of the User on ensuring information confidentiality.

4. Quality of the Service

4.1. The Parties agree that under the Agreement the Service is rendered under the condition “as is”, and the Contractor shall not be liable for the Service quality compliance, nor shall the Contractor be liable for irregularities in Service rendering, temporary interruptions in the Software operation or lack of access to the Official Website regardless of the reasons for these irregularities, interruptions or lack of access.

Despite the provisions of para. In the necessity to terminate Service provision in order to conduct maintenance work or improvement of the Software, the Official Website or other reasons of administrative or technical character the Contractor shall aspire to terminate provision of the Service upon preliminary notice of the User by any available means.

The Contractor refuses any liability in respect to quality, security or reliability of the Service, the User confirms that he/she accepts this refusal and realizes. The Contractor refuses all implied declarations and guarantees including inter alia any guarantees on merchantability, correspondence to any aims, property rights, data accuracy and non-infringement of rights. In case the User is not satisfied by the Service the User is entitled to terminate the Service consumption and dissolve the Agreement in accordance with para.12.2.

All instructions or requests of the User to the technical support service shall be sent from the Official Website special section with the use of the Account or via email confirmed by the User as owned and managed by the User. In such cases the Contractor shall not be liable for execution of any instructions received by the technical support service from such email in particular if later established that instructions had not been sent by the User or against actual will of the User.

5. Data and Confidentiality

5.1. The Contractor shall collect, use, store and convey data on the User and the Client during the entire term of validity of the Agreement and to use, store and convey data on the User and the Client after termination of the Agreement in accordance with the Privacy Policy.

Having concluded the Agreement the User provides the Contractor his/her unconditional and full agreement to collect, use, store and convey data on the User.

5.2. The User shall read attentively and analyze the entire text of the Privacy Policy prior to Service usage, whereas the Privacy Policy constitutes integral part of the Agreement and regulates processing of all the data received by the Contractor (including personal data).

5.3. The User ensures that the Client studies attentively and read the full text of the Privacy Policy prior to the use of the Service. The Contractor shall not be liable to the Client in respect to collection, use, storage and conveyance of the data on the Client.

Prior to provision of the opportunity to use the Software to the Client, the User shall receive Client’s unconditional and full agreement that the Contractor will collect, use, store and convey information on the Client.

5.4. All information on the Contractor, Services, Software and Official Website that becomes known to the Client is considered confidential. The User shall abstain from disclosure of confidential data to third persons excluding provision of such data to Clients in sufficient and reasonable amounts in order to ensure their access to the Software.

In case the User is not satisfied by the Service the User is entitled to terminate the Service consumption and dissolve the Agreement in accordance with para.12.2. The User shall abstain from disclosure of confidential data to third persons excluding provision of such data to Clients in sufficient and reasonable amounts in order to ensure their access to the Software.

The Contractor shall use the services of a notary or another credible person to record and( or) confirm such data on the specified moment for resolution of contingent disputes or disagreements with the User. All instructions or requests of the User to the technical support service shall be sent from the Official Website special section with the use of the Account or via email confirmed by the User as owned and managed by the User. In such cases the Contractor shall not be liable for execution of any instructions received by the technical support service from such email in particular if later established that instructions had not been sent by the User or against actual will of the User.

6. Non-competition

6.1. The Contractor shall abstain from any activities aimed at competing with the User before the Client upon provision to the Client of services analogous to those rendered to the Client by the User

Nothing in the Agreement shall be construed as prohibiting the Contractor to enter into an Agreement, substantially similar or analogous to the given Agreement with a person who is the Client.

7. Applications by the User.

7.1. All applications, addresses and decisions of the User on the amendment of Services provision order provided such amendments are allowed shall be conducted via the User’s Account and related sections and fields on the Official Website.

7.2. The User shall keep secret and abstain from releasing identification data used for Account management to any third persons. All actions conducted via the User’s Account are recognized conducted by a person or the user duly authorized by the User, in particular if such actions entailed debiting the User’s Personal Account or other additional or unforeseen expenses.

8. Contractor’s Liability Limitation

8.1. The Parties agreed that legal liability of the Contractor is limited as follows: neither the Contractor, nor any affiliate companies, branches, employees, shareholders, suppliers, directors or other persons connected to the Contractor shall bear any joint liability for the following: a) any loss above the amount equal to the twofold amount of the latest payment of the User; b) any specific, accidental, indirect, subsequent or exemplary loss, loss of possibility to use, loss of profits or loss of data or profit in respect to the User, Client or any third party in consequence of use of the Service. Such liability limitation constitutes one of the foundations of the Agreement concluded between the user and the contractor, in the absence of which the Agreement would not be concluded or the conditions for the Service provision would be different.

The given liability limitation shall be applied regardless of the fact that

1) a complaint is filed in accordance with the Agreement, civil offence, legal act or any other legal opinion;

2) the Contractor is aware or shall be aware of the possibility of such losses;

3) limited legal remedies stipulated in the given section fail their essential purpose.

Provided that the scale of liability limitation stipulated in para. 8.1.

8.3. The Contractor shall not be held liable for use or provision of inadequate information at registration on the Official Website, and in case such facts of inadequate information use are established, the Contractor is entitled to cease rendering of the Service. The above mentioned liability limitation of the Contractor shall be extended to the person that provided the inadequate information, as well as to the person whose data was provided (the liability before such person shall be held by the person who provided the information in respect to the other person).

The above mentioned liability limitation of the Contractor shall be extended to the person that provided the inadequate information, as well as to the person whose data was provided (the liability before such person shall be held by the person who provided the information in respect to the other person).

The User shall keep secret and abstain from releasing identification data used for Account management to any third persons. All actions conducted via the User’s Account are recognized conducted by a person or the user duly authorized by the User, in particular if such actions entailed debiting the User’s Personal Account or other additional or unforeseen expenses.

The Parties agreed that legal liability of the Contractor is limited as follows: neither the Contractor, nor any affiliate companies, branches, employees, shareholders, suppliers, directors or other persons connected to the Contractor shall bear any joint liability for the following: a) any loss above the amount equal to the twofold amount of the latest payment of the User; b) any specific, accidental, indirect, subsequent or exemplary loss, loss of possibility to use, loss of profits or loss of data or profit in respect to the User, Client or any third party in consequence of use of the Service. Such liability limitation constitutes one of the foundations of the Agreement concluded between the user and the contractor, in the absence of which the Agreement would not be concluded or the conditions for the Service provision would be different.

 

9. Liability of the User

9.1. The User shall bear unlimited and full liability for due execution of the obligations under the Agreement including liability for:

a.compliance with the Rules of Service and Privacy Policy;

b. bringing to the Client’s attention of the Rules of Service and Confidentiality Policy and compliance with the Rules of Service and Privacy Policy;

c. execution of payments in the order specified in the Agreement;

d. complete and self-sufficient execution of payments with the Client;

e. activities not specified in the Agreement but able to inflict damages on business reputation of the Contractor or otherwise infringe business conditions of the Contractor.

f. other damages or losses inflicted on the Contractor provided they are directly or indirectly connected with actions or inactions of the User, or failure to comply with his/her implied or direct obligations.

10. Force majeure

The Parties are exempt from liability for entire or partial failure to perform their obligations under the Agreement provided such failure resulted from impediment of extraordinary nature that occurred after the Agreement had been concluded. Such impediments of extraordinary nature include exclusively the events beyond control of the Party and the Party is not responsible for their emergence, or is not able to avoid or overcome them, in particular floods, fires, earthquakes, volcanic eruptions, tsunami, accidents of anthropogenic nature, national strikes, international agreements prohibiting operations subject to implementation within the framework of the Agreement, actions (inactions) of state institutions and (or) state officials, illegal activities of third persons.

10.2. The Party invoking impediment of an extraordinary nature shall inform the other Party in writing within 5 days on such impediment of extraordinary nature and prove its emergence with official documents of the relevant chamber of commerce and industry or another competent institution of the relevant country.

10.3. Provided that any of the above-mentioned in para. 10.1 hereof impediments directly affect fulfillment of obligations in due term stipulated in the Agreement the said term shall be postponed commensurably for the term of the relevant action validity.

11. The Applicable Law and Dispute Resolution

11.1. Under the agreement of the Parties the applicable law shall be the law of England and it shall be applied in respect to:

a. the Agreement, its termination, validity and amendment;

b. Obligations of the Parties stipulated by the Agreement, as well as those directly not mention in the Agreement but connected to it and presumed in connection with execution of the Agreement;

c. Disagreements and disputes of the Parties in connection with execution of the Agreement

11.2. The Parties shall aspire to resolve any disagreement by negotiation and accord. Be it impossible, on the initiative of the plaintiff any dispute shall be filed for settlement to the International Arbitration Court at the Belarusian Chamber of Commerce and Industry.

12. Validity and Preliminary Termination of the Agreement.

12.1. The Agreement enters into force from the date of signing and shall be valid until the date of its termination in accordance with the procedure stipulated in para. 12.2 – 12.4 hereof.

12.2. The User is entitled to refuse to execute the Agreement and to use the Service upon notification of the Contractor.

In case the User withdraws from the Agreement while the balance of his Personal Account is positive, the User shall request a refund from the Contractor. Refund shall be executed in accordance with the procedure stipulated in para.

12.3. The Contractor is entitled to withdraw from the Agreement at any time upon notification of the User, provided that:

a. the User breached conditions of the Agreement, Privacy Policy or the Rules of Service;

b. The action or inaction of the User inflicted damage or losses on the Contractor, the Client, other Users or clients of other users;

Provided that the Contractor withdraws from the Agreement under the conditions stipulated in para. 1 hereof,

b. The Agreement shall be considered terminated from the date the Contractor notifies the User about withdrawal from the Agreement by any means stipulated in para. 13.4 hereof.

a. The Contractor is entitled to abstain from refunding the User the amounts on his/her Personal Account. This amount shall be recognized as penalty withheld by the Contractor for breach of the User’s respective obligations.

c. The User breached the requirements on non-disclosure of confidential data stipulated in the Agreement.

12.4. The Contractor is entitles at any time to withdraw from the Agreement upon notification of the User, including cases when such withdrawal is not connected with any breaches committed by the User. In case the Contractor withdraws from the Agreement in accordance with the provisions stipulated in the given paragraph hereof and the Personal Account of the User is positive, the Contractor shall provide the User with the refund within 30 (thirty) days from the day of withdrawal from the Agreement in the amount equal to the amount on the Personal Account of the User, and the Agreement shall be considered terminated from the moment the refund is transferred to the User.

The Parties are exempt from liability for entire or partial failure to perform their obligations under the Agreement provided such failure resulted from impediment of extraordinary nature that occurred after the Agreement had been concluded. Such impediments of extraordinary nature include exclusively the events beyond control of the Party and the Party is not responsible for their emergence, or is not able to avoid or overcome them, in particular floods, fires, earthquakes, volcanic eruptions, tsunami, accidents of anthropogenic nature, national strikes, international agreements prohibiting operations subject to implementation within the framework of the Agreement, actions (inactions) of state institutions and (or) state officials, illegal activities of third persons. In case the User withdraws from the Agreement while the balance of his Personal Account is positive, the User shall request a refund from the Contractor. The Agreement shall be considered terminated from the date the Contractor notifies the User about withdrawal from the Agreement by any means stipulated in para. In case the Contractor withdraws from the Agreement in accordance with the provisions stipulated in the given paragraph hereof and the Personal Account of the User is positive, the Contractor shall provide the User with the refund within 30 (thirty) days from the day of withdrawal from the Agreement in the amount equal to the amount on the Personal Account of the User, and the Agreement shall be considered terminated from the moment the refund is transferred to the User.

9. Liability of the User

9.1. The User shall bear { unlimited and full | full and unlimited } liability for dueexecution of the obligations under the Agreement including liability for:

a.compliance with the Rules of Service and Privacy Policy;

b. bringing to the Client’s attention of the Rules of Service and Confidentiality Policyand compliance with the Rules of Service and Privacy Policy;

c. execution of payments in the order specified in the Agreement;

d. complete and self-sufficient execution of payments with the Client;

e. activities not specified in the Agreement but able to inflict damages on businessreputation of the Contractor or otherwise infringe business conditions of the Contractor.

f. other damages or losses inflicted on the Contractor provided they are directly orindirectly connected with actions or inactions of the User, or failure to comply withhis/her implied or direct obligations.

10. Force majeure

The Parties are exempt from liability for { entire or partial | partial or entire }failure to perform their obligations under the Agreement provided such failure resultedfrom impediment of extraordinary nature that occurred after the Agreement had beenconcluded. Such impediments of extraordinary nature include exclusively the events beyondcontrol of the Party and the Party is not responsible for their emergence, or is not ableto avoid or overcome them, in particular floods, fires, earthquakes, volcanic eruptions,tsunami, accidents of anthropogenic nature, national strikes, international agreementsprohibiting operations subject to implementation within the framework of the Agreement,actions (inactions) of state institutions and (or) state officials, illegal activities ofthird persons.

10.2. The Party invoking impediment of an extraordinary nature shall inform the otherParty in writing within 5 days on such impediment of extraordinary nature and prove itsemergence with official documents of the relevant chamber of commerce and industry oranother competent institution of the relevant country.

10.3. Provided that any of the above-mentioned in para. 10.1 hereof impediments directlyaffect fulfillment of obligations in due term stipulated in the Agreement the said termshall be postponed commensurably for the term of the relevant action validity.

11. The Applicable Law and Dispute Resolution

11.1. Under the agreement of the Parties the applicable law shall be the law of Englandand it shall be applied in respect to:

a. the Agreement, its { termination, validity and amendment | termination, amendment andvalidity | validity, termination and amendment | validity, amendment and termination |amendment, termination and validity | amendment, validity and termination };

b. Obligations of the Parties stipulated by the Agreement, as well as those directly notmention in the Agreement but connected to it and presumed in connection with execution ofthe Agreement;

c. Disagreements and disputes of the Parties in connection with execution of theAgreement

11.2. The Parties shall aspire to resolve any disagreement by negotiation and accord. Beit impossible, on the initiative of the plaintiff any dispute shall be filed forsettlement to the International Arbitration Court at the Belarusian Chamber of Commerceand Industry.

12. Validity and Preliminary Termination of the Agreement.

12.1. The Agreement enters into force from the date of signing and shall be valid untilthe date of its termination in accordance with the procedure stipulated in para. 12.2 -12.4 hereof.

12.2. The User is entitled to refuse to execute the Agreement and to use the Service uponnotification of the Contractor.

In case the User withdraws from the Agreement while the balance of his Personal Account ispositive, the User shall request a refund from the Contractor. Refund shall be executed inaccordance with the procedure stipulated in para.

{ 12.3. The Contractor is entitled to withdraw from the Agreement at any time uponnotification of the User, provided that:

a. the User breached conditions of the Agreement, Privacy Policy or the Rules of Service;

b. The action or inaction of the User inflicted damage or losses on the Contractor, theClient, other Users or clients of other users;

Provided that the Contractor withdraws from the Agreement under the conditions stipulatedin para. 1 hereof,

b. The Agreement shall be considered terminated from the date the Contractor notifies theUser about withdrawal from the Agreement by any means stipulated in para. 13.4 hereof.

| 12.3. The action or inaction of the User inflicted damage or losses on theContractor, the Client, other Users or clients of other users;

Provided that the Contractor withdraws from the Agreement under the conditions stipulatedin para. The Agreement shall be considered terminated from the date the Contractornotifies the User about withdrawal from the Agreement by any means stipulated in para. }

a. The Contractor is entitled to abstain from refunding the User the amounts on his/herPersonal Account. This amount shall be recognized as penalty withheld by the Contractorfor breach of the User’s respective obligations.

c. The User breached the requirements on non-disclosure of confidential data stipulated inthe Agreement.

12.4. The Contractor is entitles at any time to withdraw from the Agreement uponnotification of the User, including cases when such withdrawal is not connected with anybreaches committed by the User. In case the Contractor withdraws from the Agreement inaccordance with the provisions stipulated in the given paragraph hereof and the PersonalAccount of the User is positive, the Contractor shall provide the User with the refundwithin 30 (thirty) days from the day of withdrawal from the Agreement in the amount equalto the amount on the Personal Account of the User, and the Agreement shall be consideredterminated from the moment the refund is transferred to the User.

{ The Parties are exempt from liability for { entire or partial | partial or entire }failure to perform their obligations under the Agreement provided such failure resultedfrom impediment of extraordinary nature that occurred after the Agreement had beenconcluded. Such impediments of extraordinary nature include exclusively the events beyondcontrol of the Party and the Party is not responsible for their emergence, or is not ableto avoid or overcome them, in particular floods, fires, earthquakes, volcanic eruptions,tsunami, accidents of anthropogenic nature, national strikes, international agreementsprohibiting operations subject to implementation within the framework of the Agreement,actions (inactions) of state institutions and (or) state officials, illegal activities ofthird persons. In case the User withdraws from the Agreement while the balance of hisPersonal Account is positive, the User shall request a refund from the Contractor. TheAgreement shall be considered terminated from the date the Contractor notifies the Userabout withdrawal from the Agreement by any means stipulated in para. In case theContractor withdraws from the Agreement in accordance with the provisions stipulated inthe given paragraph hereof and the Personal Account of the User is positive, theContractor shall provide the User with the refund within 30 (thirty) days from the day ofwithdrawal from the Agreement in the amount equal to the amount on the Personal Account ofthe User, and the Agreement shall be considered terminated from the moment the refund istransferred to the User. | The Agreement shall be considered terminated from the date theContractor notifies the User about withdrawal from the Agreement by any means stipulatedin para. In case the Contractor withdraws from the Agreement in accordance with theprovisions stipulated in the given paragraph hereof and the Personal Account of the Useris positive, the Contractor shall provide the User with the refund within 30 (thirty) daysfrom the day of withdrawal from the Agreement in the amount equal to the amount on thePersonal Account of the User, and the Agreement shall be considered terminated from themoment the refund is transferred to the User. }

The Agreement shall be considered terminated from the date the Contractor notifies theUser about withdrawal from the Agreement by any means stipulated in para. The Parties areexempt from liability for { entire or partial | partial or entire } failure to performtheir obligations under the Agreement provided such failure resulted from impediment ofextraordinary nature that occurred after the Agreement had been concluded. Suchimpediments of extraordinary nature include exclusively the events beyond control of theParty and the Party is not responsible for their emergence, or is not able to avoid orovercome them, in particular floods, fires, earthquakes, volcanic eruptions, tsunami,accidents of anthropogenic nature, national strikes, international agreements prohibitingoperations subject to implementation within the framework of the Agreement, actions(inactions) of state institutions and (or) state officials, illegal activities of thirdpersons. The Agreement shall be considered terminated from the date the Contractornotifies the User about withdrawal from the Agreement by any means stipulated in para. Incase the Contractor withdraws from the Agreement in accordance with the provisionsstipulated in the given paragraph hereof and the Personal Account of the User is positive,the Contractor shall provide the User with the refund within 30 (thirty) days from the dayof withdrawal from the Agreement in the amount equal to the amount on the Personal Accountof the User, and the Agreement shall be considered terminated from the moment the refundis transferred to the User.