Public offer
1. GENERAL PROVISIONS
- This document is a public offer (proposal) of the Site Administration (hereinafter referred to as the Contractor) to enter into an agreement for paid services on the terms set out below with any person who accepts this offer (hereinafter referred to as the Customer). This Offer also defines the rules for using the Site.
- The offer is valid in accordance with clause 2 of Art. 437 of the Civil Code of the Russian Federation. Acceptance (full and unconditional acceptance) of the offer is considered to be the performance by the Customer of the implied actions specified in clause 2.4 of this Offer. The moment of acceptance is considered to be the first of these actions.
- Acceptance of the offer means that the Customer agrees with all the terms of the Offer and its Appendices, which are an integral part of the Agreement. If you disagree with the terms, the Customer must stop using the Site.
- Basic terms:
- Agreement is an agreement between the Contractor and the Customer, concluded by accepting this Offer.
- Contractor’s website – Internet sites at the addresses: fenix-gsm.com and fenix-gsm.ru
- Service – software setup services (hereinafter also referred to as “Software Setup”), including installation, activation, configuration, provision of access to software functionality, as well as related information and technical support provided by the Contractor under the terms of the Agreement.
- Conclusive actions — behavior that clearly expresses agreement with the terms of the offer (registration, application, payment, etc.).
2. SUBJECT OF THE AGREEMENT AND CONCLUSION PROCEDURE
- 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, property rights, and also does not act as an agent, commission agent or attorney for third parties.
- The specific composition, cost, procedure and timing of the provision of Services are determined when the Customer fills out an application or are indicated on the Contractor’s Website.
- The Contractor provides the Services independently, on its own, using the necessary software, equipment and online services.
- The Agreement is considered concluded from the moment the Customer performs any of the following actions (acceptance of the offer):
- Registering an account on the Site (if necessary);
- Filling out an application for the provision of Services;
- Payments for Services.
- Software names, trademarks and other designations are used on the Site solely to identify the Services; the rights to them belong to their rightful owners.
3. NATURE OF SERVICES AND DISCLAIMER OF WARRANTY
- The value of the Services lies in the systematization, analysis, presentation form, maintenance, support and updates, and not in the exclusivity of individual pieces of information.
- The Contractor provides Services of appropriate quality and takes reasonable measures for the uninterrupted operation of the Site. To the extent permitted by the legislation of the Russian Federation, the Contractor does not guarantee the achievement by the Customer of subjective results depending on the actions of the Customer himself, as well as the uninterrupted and error-free operation of services and communication networks of third parties.
- The Customer makes decisions on the use of materials and results of the Services independently.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Contractor undertakes:
- Provide the Services properly within the agreed time frame.
- Ensure the confidentiality of the Customer’s personal data in accordance with Privacy Policy.
- Has the rightto unilaterally change the terms of the Offer for new Agreements by publishing changes on the Site.
4.2. The customer undertakes:
- Provide reliable and complete information necessary for the provision of Services. The Contractor is not responsible for the impossibility of providing the Service due to the Customer providing inaccurate or incomplete data.
- Do not transfer materials received as part of the Services to third parties, except for personal use.
- Accept the Services provided.
- Has the right to demand a refund in cases and in the manner provided for by the legislation of the Russian Federation and Refund Policy.
5. COST OF SERVICES AND PAYMENT PROCEDURE
- The cost and payment procedure for the Services are determined when filling out an application or are indicated on the Contractor’s Website.
- Payments are made in non-cash form. After payment, the Customer is sent a check for the “Software Setup” service.
- Services are provided in instant automatic execution mode after confirmation of payment.
- Additional paid services are provided only with the prior consent of the Customer; imposition of additional services is not allowed (Clause 3.1 of Article 16 of the Law of the Russian Federation “On the Protection of Consumer Rights”).
6. DELIVERY, ACCEPTANCE AND RETURN PROCEDURE
- The Service is considered to be properly provided and accepted by the Customer from the moment the result of the Service is provided (access, activation, configuration), unless within 24 hours the Customer has not received a reasoned claim. This procedure does not limit the rights of the Customer provided for by the legislation of the Russian Federation.
- The procedure and conditions for refunds are determined by Refund Policy, which is an integral part of this Offer.
- Properly provided Service cannot be returned. Refunds are made if the Service is not provided or its quality is inadequate in accordance with the legislation of the Russian Federation.
7. LEGALITY OF USE
- The Services and the Site are not intended to encourage, organize or facilitate illegal activities.
- The Customer undertakes to use the Services and received materials only within the framework of applicable laws and regulations of third parties.
- Responsibility for the legality of the purposes and methods of using the Services and the results obtained lies entirely with the Customer.
8. INTELLECTUAL PROPERTY
- Materials posted on the Site are protected by intellectual property laws.
- The Customer is prohibited from copying, distributing, reselling, transferring to third parties or otherwise using the Site materials without the permission of the copyright holder.
- The procedure for considering claims from copyright holders is set out on the page «Information for copyright holders».
9. ACCESS RESTRICTION
- The Contractor has the right to suspend or limit the Customer’s access to the Site in case of violation of the terms of this Offer, detection of abuse, as well as in accordance with the requirements of the law or payment providers.
- Restriction of access does not relieve the Customer from obligations that arose previously.
10. PRIVACY AND PERSONAL DATA
- The Parties undertake to ensure the confidentiality of information received during the execution of the Agreement (except for publicly available information) and to comply with the requirements of the legislation of the Russian Federation on personal data (Federal Law No. 152-FZ dated July 27, 2006).
- The processing of personal data is carried out on the basis of a separate Consent to the processing of personal data and Privacy Policy.
11. RESPONSIBILITY
- The parties are responsible for failure to fulfill their obligations in accordance with the legislation of the Russian Federation and the terms of this Offer.
- To the extent permitted by the legislation of the Russian Federation, the Contractor’s liability is limited to the cost of the paid Service.
- The Contractor is not responsible for violations that occurred through the fault of the Customer, as well as for the consequences of the Customer’s use of the received materials and results of the Services.
12. CIRCUMSTANCES OF FORCE MAJEURE
- The parties are released from liability for failure to fulfill obligations caused by force majeure circumstances (including failures in the operation of payment systems, communication networks and third party services).
- The Party affected by such circumstances is obliged to notify the other Party within a reasonable time.
- If force majeure occurs for more than 60 days, each of the Parties has the right to terminate the Agreement.
13. VALIDITY DURATION AND CHANGES OF THE OFFER
- The Offer comes into force from the moment of publication on the Site and is valid until withdrawn by the Contractor.
- The Contractor has the right to change or revoke the Offer by publishing information about this on the Site. Changes do not apply to already concluded Agreements.
- The agreement is valid from the moment of acceptance until the parties fully fulfill their obligations.
14. OTHER CONDITIONS
- The agreement is governed by the legislation of the Russian Federation.
- All disputes are subject to mandatory pre-trial (claim) settlement. The deadline for responding to a claim is 10 working days. If agreement is not reached, disputes are resolved in court according to the laws of the Russian Federation.
- The language of the Agreement and interaction between the Parties is Russian.
- Contact to contact the Contractor: admin@fenix-gsm.com
- Links on the Site to third party resources are provided for information purposes, and the Contractor is not responsible for their content.