Oferta
Oferta
1. The Subject of the Agreement
1.1 The Contractor shall provide the Customer with the Services in the form of access to the Site and its Project map Service (hereinafter the Services), in accordance with the Tariff Plan selected by the Customer.
1.2 Services begin to be provided to the Customer from the moment of registration of the Customer's Account on the Site and receipt of Authentication data.
1.3 The customer has the right to use the Services without paying their cost only in case of using the Free tariff plan with limited functions.
1.4. The provision and receipt of Services is carried out by the Parties via the Internet.
1.5 The list of Services does not include the provision of the opportunity to use the Services at the Contractor’s office, the configuration and / or diagnostics of the Customer’s equipment and software, both at the Contractor’s office, and with visits to the Customer, as well as training in Internet skills.
2 Procedure and conditions for registering a User Account in the Service
2.1 By registering in the Service, the Customer is obliged to provide his valid email.
2.2 The Customer is not entitled to lease, sell or in any other way provide the Account for permanent or temporary, paid or free, possession and / or use to third parties (except for Users registered under the Account).
2.3 An account is provided if at the time of submission such a name (email) was not registered in the Service, and generally accepted moral and ethical standards are not violated when registering such an email.
2.4 The rights to use the Account are granted to the Customer only for the period of use by the Customer of the Services, on the terms of the Tariff plan selected by the Customer.
3 Rights and obligations of the parties
3.1 Responsibilities of the Customer:
3.1.1 Timely and in full to pay for the Contractor's Services in accordance with the selected Tariff plan.
3.1.2 At the expense of his own forces and means, to secure access to the Internet and the availability of the necessary equipment for this.
3.1.3 Fully comply with and comply with the terms of the Agreement and other agreements governing the use of the Services, the Service and the Site.
3.2 Obligations of the Contractor:
3.2.1 Qualitatively, timely and in full to provide Services to the Customer.
3.2.2 Not later than 24 hours (twenty-four hours) notify the Customer of preventive and repair work that affects the availability of the used Services by sending a corresponding warning to the Customer’s email address or through the internal notification system of the Service.
3.2.3 Maintain confidentiality of Customer data, guided by the "Confidentiality Agreement".
3.2.4 Timely inform the Customer about changes in the conditions for the provision of Services by publishing such information on the Site and / or by sending it to the Customer's email address.
3.3 Rights of the Customer:
3.3.1 Demand from the Contractor timely and high-quality provision of the Services in accordance with the terms of this Agreement.
3.3.2 Timely and in full to receive information from the Contractor (including by e-mail) regarding the quality, cost and procedure for providing the Services. At the same time, consultation on the procedure for using the Site and Services is carried out by the Contractor exclusively through e-mail and / or through the internal system of setting goals for the Service.
3.4 Rights of the Contractor:
3.4.1 In case of delay in payment for the Services, as well as in case of violation by the Customer of the terms of the Agreement and / or agreements governing the use of the Services, Site and Services ("Terms of Use", "Confidentiality Agreement", etc.) and / or violation of applicable law, the Contractor has the right to reduce the list of Services or to suspend the provision of Services to the Customer by blocking the Customer’s access to the Account, Site and / or Service.
The Contractor, by e-mail, notifies the Customer 7 (seven) business days (or at another time) before the occurrence of such restrictions and blocking, indicating the reason for such blocking and, if possible, indicating the conditions under which access will be restored. In the event of termination of the Services for the reasons specified in this clause, the Customer pays for the actually rendered Services.
3.4.2 After 30 (sixty) calendar days from the date of blocking the Customer’s access to the Account, the Contractor has the right to destroy the Customer’s Account and the Customer’s Information Materials stored in it.
3.4.3 In case of increased customer requirements for functional, hardware and other resources that are provided as part of the Services, the Contractor reserves the right to offer the customer a switch to another tariff plan.
3.4.4. The Contractor has the right to attract third parties to fulfill its obligations under this Agreement. At the same time, the Contractor remains responsible for the quality of the Services provided, taking into account the liability limitations provided for by this Agreement.
4 Cost of services and settlement procedure
4.1. The cost of the Services in accordance with the Tariff Plan selected by the Customer at the time of the conclusion of the Agreement is indicated on the website page https://projectmap.online/tariffs
4.2 The Contractor begins to provide the Services only after receiving full payment.
4.3 The Customer pays for the Services by transferring funds to the Contractor’s accounts, performing this after passing the authorization procedure in the User’s personal account.
4.4. Crediting funds for the payment of Services is displayed in the Customer’s Personal Account in the line Balance.
4.5 Services are provided subject to a positive balance in the Customer’s Personal Account. The customer is obliged to independently monitor the occurrence of a negative balance in his Personal Account. The service automatically notifies the Customer of a negative balance for 7 (seven) calendar days before its occurrence by sending an electronic message to the Customer's email address.
If there is a positive balance, the provision of the Services to the Customer is automatically extended for a period of 1 month. The Service automatically notifies the Customer about the extension of the current Tariff plan by email, as well as a message inside the Service.
4.6 The Contractor has the right to unilaterally change the cost of the Services and Tariff plans. The changed cost of the Services and Tariff plans begin to operate from the date specified in the Contractor’s written notification, but not earlier than 30 (thirty) calendar days from the date the Customer receives such a notification. Changes in the cost of the Services and Tariff Plans shall not apply to the Services already paid by the Customer.
4.7 In case of disagreement of the Customer with a change in the cost of the Services and / or Tariff plans, the Customer must, within 7 (seven) days from the date the Contractor sends information about the changes, notify the Contractor in writing by e-mail of his disagreement. In case of failure to reach agreement between the Parties on amendments to the terms of the Agreement, the Agreement shall be deemed terminated.
4.8 When making a payment, the Customer is obliged to indicate in the payment document his Tariff plan and the name of his Account, which was provided to him during registration. If the purpose of the payment made by the customer and credited to the account of the Contractor does not indicate the Customer’s account, the Contractor has the right to refuse to provide the Services until the Customer confirms this payment to the account of a specific Account.
4.9 Services are considered paid for the Account specified in the payment purpose, regardless of who made the payment.
4.10. The customer is solely responsible for the correctness of the payments made by him. In the event of a change in the bank details of the Contractor, the new details may be brought to the attention of the Customer by sending a written notice. From the moment the Contractor sends a written notice on the change of payment details, the Customer is solely responsible for payments made with outdated bank details.
4.11. The date of payment for the Services shall be considered the date of crediting funds to the Contractor’s current account.
4.12. If it is impossible for the Customer to use the Services for reasons depending on the Contractor, and provided that the Customer conscientiously fulfills its obligations under the Contract, the Contractor does not charge for the time of such non-provision of the Services.
5 Responsibility of the Parties
5.1 The Parties understand the specifics of processing and transmitting data on the Internet, therefore they agree that the Contractor is not responsible for the impossibility of providing the Services for reasons beyond its control, including but not limited to malfunctions of third-party software and hardware systems and / or channels transfer of data not belonging to the Contractor.
5.2. The Contractor shall not be liable for any losses and lost profits associated with the use of the Services by the Customer.
5.3 The Contractor is not responsible for the content of any data and Information materials that are created, processed, transmitted and received by the Customer or other users of the Site and does not compensate for any losses caused by such data, their content and use.
5.4 In the event that the Customer becomes aware of a violation by any other person of the terms of this Agreement, the User Agreement on the use of the Site, the Confidentiality Agreement or any other agreement with the Contractor, the Customer must immediately notify the Contractor of such violations and take the necessary measures, within its competence, to prevent such violations.
5.5 In case of refusal or poor-quality provision of the Services, the Contractor pays the Customer a fine of 10% of the cost of the Services for the corresponding month for each fact of such a violation. Payment of penalties is carried out exclusively by subtracting the amount of penalties from the cost of the Services for the next reporting period.
5.6 In the event that the period of violation of the provision of the Services exceeds 15 (fifteen) calendar days, the Customer has the right to terminate this Agreement unilaterally and demand a refund of the cost of the Services not rendered or rendered inappropriately. In this case, the Customer retains the right to recover penalties in accordance with clause 6.5 of the Agreement.
5.7. The Customer is responsible for the safety of his Authorization Data and for documented losses incurred by the Contractor as a result of the authorized or unauthorized receipt and use of Customer Authorization Data by anyone. If the Customer’s authorization data (Login and Password) is stolen, the Customer has the right to send a written application for changing the Password to the Contractor with the mandatory attachment to the application of the relevant financial document that confirms the payment for the Services on the date the Password was changed.
6 Dispute Resolution Procedure
6.1 All contradictions between the Parties regarding the execution of this Agreement are resolved through negotiations between the Parties. The parties shall establish a mandatory pre-trial form for the settlement of disputes by submitting a claim in accordance with the current legislation of USA.
6.2. The Contractor accepts only those claims regarding the Services that are declared by the Customer in writing and in compliance with the limitation period established by the current legislation of USA. The term for consideration of the Customer’s claims is not more than 30 (thirty) calendar days from the date of its receipt by the Contractor.
6.3 In order to resolve technical issues, when determining the fault of the Customer as a result of his illegal actions when using the Services, Website, Account and / or the Internet, the Contractor has the right to independently attract competent organizations as experts.
6.4. The Parties agreed that, when considering disputes, the Parties have the right to provide as evidence a printout of electronic letters (e-mail), with stored official technical information in them (headers). If official technical information (titles) is missing, such a letter is not evidence. The originality of the email headers is confirmed by independent experts or the Internet Service Provider, with the help of which the corresponding email was sent.
6.5 If it is impossible to resolve disputes through negotiations, disputes shall be considered in the relevant court of USA.
6.6. For all matters not regulated by the Agreement, the Parties will be guided by the current legislation of USA.
7 Duration of the contract
7.1. The Agreement shall enter into force upon registration by the Customer of an Account on the Site and is valid for the entire period when the Contractor provides the Services and the Customer pays for them, but in any case until the Parties fully fulfill their obligations under the Agreement.
7.2. The validity of the Agreement also terminates in the event of:
7.2.1 termination of the Agreement by agreement of the Parties;
7.2.2 Customer’s refusal of the Services, about which he must notify the Contractor for 5 (five) calendar
days prior to the date of termination of the Agreement by sending a message to the Contractor's email address;
7.2.3 the Contractor's refusal to provide the Services upon expiration of the Agreement by sending a notice of termination of the Agreement to the Customer no later than 30 (thirty) days before the expiration of the Agreement;
7.2.4 at the initiative of one of the Parties in the event of a gross and / or systematic violation by the other Party of the terms of the Agreement.
8 Additional conditions
8.1 The Customer confirms that at the time of the conclusion of the Agreement he is familiar with and fully agrees to use the terms of the Confidentiality Agreement and the terms of the User Agreement when using the Services and the Site.
8.2 The parties have established that the names of the chapters (articles) of the Agreement are intended solely for the convenience of using the text of the Agreement and have no literal legal interpretation.
8.3 A Party that has had changes in contact details that may affect the fulfillment of the terms of the Agreement is obliged to inform the other Party about this within 15 days from the moment of such changes.
8.4. Each of the Parties is obliged to ensure the confidentiality of technical, commercial or other information received during the execution of the Agreement that provides value due to its unknown to other persons, and take measures to not disclose such information. In case of termination of the Agreement, the transfer of this information to third parties, its publication or disclosure in any other way is possible only with the written permission of the other Party, regardless of the reasons and term for termination of the Agreement.
8.5. The Parties shall be exempted from liability for partial or full failure to fulfill obligations under this Agreement if this failure was the result of force majeure circumstances arising after the conclusion of the Agreement as a result of extraordinary events that the parties could neither foresee nor prevent by reasonable measures (force majeure) . The parties undertake to inform each other within 3 days from the onset of these circumstances.