Public offer

1. GENERAL PROVISIONS

  1. This document is a public offer (proposal) by the Site Administration (hereinafter, the Contractor) to enter into a contract for the paid provision of services on the terms set out below with any person who accepts this offer (hereinafter, the Customer). This Offer also sets out the rules for using the Site.
  2. This Offer is made in accordance with Article 437(2) of the Civil Code of the Russian Federation. Acceptance (full and unconditional acceptance) of the Offer is the performance by the Customer of the conclusive actions specified in clause 2.4 of this Offer. The moment of acceptance is the performance of the first of these actions.
  3. Acceptance of the Offer means that the Customer agrees to all the terms of the Offer and its Appendices, which form an integral part of the Contract. If the Customer does not agree with the terms, the Customer must stop using the Site.
  4. Definitions:
    • Contract: the agreement between the Contractor and the Customer concluded by accepting this Offer.
    • Contractor’s Website: the websites at fenix-gsm.com and fenix-gsm.ru
    • Service: software configuration services (hereinafter also “Software Configuration”), including installation, activation, configuration, provision of access to software functionality, and related information and technical support, provided by the Contractor under the Contract.
    • Conclusive actions: conduct that clearly expresses agreement with the terms of the Offer (registration, placing a request, payment, etc.).

2. SUBJECT OF THE CONTRACT AND PROCEDURE FOR ITS CONCLUSION

  1. The Contractor undertakes to provide the Customer with Software Configuration Services, and the Customer undertakes to accept and pay for them. The Site provides services and does not sell goods or property rights, and does not act as an agent, commission agent or attorney of third parties.
  2. The specific scope, price, procedure and timing of the Services are determined when the Customer places a request or are stated on the Contractor’s Website.
  3. The Contractor provides the Services on its own, using the necessary software, equipment and online services.
  4. The Contract is deemed concluded from the moment the Customer performs any of the following actions (acceptance of the Offer):
    • registering an account on the Site (where required);
    • placing a request for the Services;
    • paying for the Services.
  5. Software names, trademarks and other designations are used on the Site solely to identify the Services; all rights to them belong to their respective owners.

3. NATURE OF THE SERVICES AND DISCLAIMER OF WARRANTIES

  1. The value of the Services lies in the systematization, analysis, presentation, support, maintenance and updates, not in the exclusivity of individual pieces of information.
  2. The Contractor provides Services of proper quality and takes reasonable measures to ensure the uninterrupted operation of the Site. To the extent permitted by the laws of the Russian Federation, the Contractor does not guarantee that the Customer will achieve subjective results that depend on the Customer’s own actions, or the uninterrupted and error-free operation of third-party services and communication networks.
  3. The Customer decides independently how to use the materials and results of the Services.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The Contractor shall:

  • provide the Services properly within the agreed time;
  • keep the Customer’s personal data confidential in accordance with the Privacy Policy.
  • The Contractor may unilaterally amend the terms of the Offer for new Contracts by publishing the changes on the Site.

4.2. The Customer shall:

  • provide accurate and complete information necessary to provide the Services. The Contractor is not liable if a Service cannot be provided because the Customer has supplied inaccurate or incomplete data;
  • not transfer materials received as part of the Services to third parties; they are for personal use only;
  • accept the Services provided.
  • The Customer may demand a refund in the cases and in the manner provided for by the laws of the Russian Federation and the Refund Policy.

5. PRICE OF THE SERVICES AND PAYMENT PROCEDURE

  1. The price of the Services and the payment procedure are determined when a request is placed or are stated on the Contractor’s Website.
  2. Payments are made by non-cash means. After payment, the Customer is sent a receipt for the “Software Configuration” service.
  3. The Services are provided instantly and automatically once payment is confirmed.
  4. Additional paid services are provided only with the Customer’s prior consent; imposing additional services is not permitted (Article 16(3.1) of the Law of the Russian Federation “On Consumer Rights Protection”).

6. DELIVERY, ACCEPTANCE AND REFUNDS

  1. A Service is deemed properly provided and accepted by the Customer from the moment its result is provided (access, activation, completed configuration), unless the Contractor receives a reasoned claim from the Customer within 24 hours. This procedure does not limit the Customer’s rights under the laws of the Russian Federation.
  2. The procedure and conditions for refunds are set out in the Refund Policy, which forms an integral part of this Offer.
  3. A properly provided Service is non-refundable. A refund is made if the Service was not provided or was of improper quality, in accordance with the laws of the Russian Federation.

7. LAWFUL USE

  1. The Services and the Site are not intended to encourage, organize or facilitate unlawful activities.
  2. The Customer undertakes to use the Services and the materials received only in compliance with applicable law and the rules of third parties.
  3. The Customer bears full responsibility for the lawfulness of the purposes and methods of using the Services and the results obtained.

8. INTELLECTUAL PROPERTY

  1. Materials published on the Site are protected by intellectual property law.
  2. The Customer may not copy, distribute, resell, transfer to third parties or otherwise use the Site materials without the permission of the rights holder.
  3. The procedure for handling claims from rights holders is set out on the “Information for copyright holders” page.

9. RESTRICTION OF ACCESS

  1. The Contractor may suspend or restrict the Customer’s access to the Site if the terms of this Offer are violated or abuse is detected, and also where required by law or by payment providers.
  2. Restriction of access does not release the Customer from obligations incurred earlier.

10. CONFIDENTIALITY AND PERSONAL DATA

  1. The Parties undertake to keep confidential the information received in the course of performing the Contract (except for publicly available information) and to comply with the personal data laws of the Russian Federation (Federal Law No. 152-FZ of 27 July 2006).
  2. Personal data is processed on the basis of a separate Consent to the processing of personal data and the Privacy Policy.

11. LIABILITY

  1. The Parties are liable for non-performance of their obligations in accordance with the laws of the Russian Federation and the terms of this Offer.
  2. To the extent permitted by the laws of the Russian Federation, the Contractor’s liability is limited to the price of the paid Service.
  3. The Contractor is not liable for breaches caused by the Customer or for the consequences of the Customer’s use of the materials and results of the Services.

12. FORCE MAJEURE

  1. The Parties are released from liability for non-performance of obligations caused by force majeure (including failures of payment systems, communication networks and third-party services).
  2. The Party affected by such circumstances must notify the other Party within a reasonable time.
  3. If force majeure lasts more than 60 days, either Party may terminate the Contract.

13. TERM AND AMENDMENT OF THE OFFER

  1. The Offer takes effect upon publication on the Site and remains valid until withdrawn by the Contractor.
  2. The Contractor may amend or withdraw the Offer by publishing a notice on the Site. Amendments do not apply to Contracts already concluded.
  3. The Contract is valid from the moment of acceptance until the Parties have fully performed their obligations.

14. MISCELLANEOUS

  1. The Contract is governed by the laws of the Russian Federation.
  2. All disputes are subject to a mandatory pre-trial claim procedure. The time limit for responding to a claim is 10 business days. If no agreement is reached, disputes are resolved in court under the laws of the Russian Federation.
  3. The language of the Contract and of communications between the Parties is Russian.
  4. Contractor’s contact email: admin@fenix-gsm.com
  5. Links on the Site to third-party resources are provided for information only; the Contractor is not responsible for their content.

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