OFFER TO PROVIDE PAID SUBSCRIPTION SERVICES
This document represents an offer from Individual Entrepreneur Roman Dubrovskii to enter into an Agreement for the provision of paid subscription services on the terms set out below.
1. DEFINITIONS AND TERMS
1.1. For the purposes of this document, the following terms are used in the following meaning:
Contractor – Individual Entrepreneur Roman Dubrovskii
IN 302269747 Georgia, Tbilisi, email: [email protected], +995 557756252 providing Services to the User within the framework Subscriptions.
Offer – this document “Offer for the provision of subscription services”, posted on the Internet at: https://decima.business/oferta
Service – software posted on this website, and the right to use it is granted to Users.
Subscription – providing the User, under the terms of the Agreement, with the opportunity for payment for a limited period of time to gain access to the Service.
Services – the services specified in clause 2.1. Offers provided to the User as part of the Subscription by the Contractor.
User – a legally capable individual who accepted the Offer posted in the Service.
Parties – Contractor and User .
Acceptance of the Offer – full and unconditional acceptance of the Offer by the User by performing the actions specified in clause 3.3. Offers. Acceptance of the Offer means the conclusion of an Agreement.
Agreement is an agreement for the provision of paid subscription services between the User and the Contractor, which is concluded through acceptance of the Offer, in accordance with the conditions set out in the Offer.
1.2. The Offer may use terms not defined in clause 1.1. Offers. In this case, the interpretation of such a term is made in accordance with the text of the Offer. In the event that there is no unambiguous interpretation of the term in the text of the Offer, you should be guided by the interpretation of the term determined: first of all – by the applicable documents, secondly – in accordance with the information on the Service, then – established (commonly used) on the Internet .
2. SUBJECT OF THE AGREEMENT
2.1. The subject of the Agreement concluded on the terms of the Offer is the provision by the Contractor to the User within the framework of the Subscription of the opportunity for payment (hereinafter referred to as the “Subscription Cost”) for a limited period of time (hereinafter referred to as the “Subscription Period”) to receive the Services:
- access to DECIMA project resource management software
- storage and protection of User data
- technical support and consultation of the User.
3. TERMS AND CONDITIONS OF SERVICE
3.1. The text of the Offer, permanently posted in the Service, contains all the essential conditions and is the Contractor’s offer to conclude an Agreement with any fully capable individual using the Service, on the terms specified in the text of the Offer. This document is a public offer.
3.2. A mandatory condition for the Contractor to provide Services within the Subscription is the acceptance and compliance by the User and the application of the requirements and provisions set out in the Offer to the relations of the Parties under the Agreement.
3.3. Procedure for concluding the Agreement:
3.3.1. The User familiarizes himself with the terms of the Offer, information about the Contractor, about the Services available within the Subscription, and the terms of their provision, which can be obtained within the Subscription, as well as information about the Cost of the Subscription, and about the Subscription Period posted in the Service.
3.3.2. The user goes through the authorization procedure in the Service.
3.3.3. The user goes through the procedure of linking a bank card and/or electronic means of payment to his Personal Account (Linked Card). For the purposes of this Offer, any bank card and/or electronic means of payment linked to the Personal Account (including those linked when registering a Subscription before or after its registration) are considered a Linked Card. The Contractor, or a person authorized by him, has the right to write off an amount equal to the Subscription Cost from any of the Linked Cards.
To confirm the validity of the Linked Card, an amount of up to 1 US dollar can be written off (blocked), which is returned to the User if the transaction is successful. An unsuccessful attempt to write off the specified amount means that it is impossible to add this Linked Card and register/pay for a subscription.
3.3.4. The user, after performing actions, specified in clause 3.3.1. – clause 3.3.3. Offers, accepts the Offer by clicking the “Subscribe” button and paying the Subscription Cost.
3.4. Unless otherwise provided in the Personal Account, the Subscription Cost is charged for each Subscription Period determined by the User when registering the Subscription.
The subscription period, equal to a month, begins on the date of payment for the Subscription and expires on the corresponding date of the calendar month following the date of payment for the Subscription .
3.5. The Subscription Cost is paid by the User in the manner prescribed by this paragraph.
When specifying the details of the Linked Card and further using the Linked Card, the User confirms and guarantees that he has provided accurate and complete information about a valid bank card issued in his name; its compliance with the rules of international payment systems and the requirements of the issuing bank that issued the Linked Card, including with regard to the procedure for conducting non-cash payments; providing them with reliable and complete information about the electronic payment instrument; compliance with the requirements of the electronic money operator.
3.6. The User understands and agrees that the Subscription by default is issued for an indefinite period from the moment of payment for the first Subscription Period. The User has the right to refuse to renew the Subscription for the next Subscription Period in the Personal Account. In this case, access to the User’s order of Services within the Subscription is terminated from the day following the last day of the paid Subscription Period. In addition, the Subscription may be terminated by the Contractor in other cases or on other grounds provided for in this Offer.
3.7. If there is not enough money on the Linked Card to renew the Subscription, the Contractor has the right to retain the User’s ability to access the Subscription until the subscription fee is charged from the Linked Card. The absence of a sufficient amount of funds on the Linked Card for a long period of time, the Contractor has the right to consider the User’s refusal to renew the Subscription from the start date of the unpaid Subscription Period.
3.8. The User, by accepting the terms of this Offer, agrees to the automatic periodic debiting of funds from his account to pay for the Subscription, and acknowledges that orders to debit funds from his account, sent in accordance with this clause of the Offer, are orders of the User himself, and actions of the processing center and the acquiring bank aimed at writing off funds in accordance with this clause of the Offer are carried out with the consent of the User.
Writing off funds in accordance with this clause of the Offer begins to occur on an automatic basis if the following conditions are met:</ p>
- entering by the User all necessary details of the Linked Card;
- activation of the Service for debiting funds on an automatic basis from the Linked Card in the following way: automatically when making the first payment;
- clicking the “Subscribe” button (or another button with similar functionality), confirming the User’s consent to this Offer.
3.9. By subscribing, the User is deemed to have accepted the terms of the Offer, as well as the provisions of the documents referred to in this Offer, in full, without any reservations or exceptions. If the User disagrees with the provisions of the specified documents, the User is obliged to terminate the Subscription in the Personal Account.
3.10. Access to the Subscription is considered provided to the User for the Subscription Period in full from the moment the User pays the Subscription Cost on the Service, subject to the fact of payment being reflected in the electronic payment accounting system.
The Contractor’s obligations to provide the User with access to the Subscription are considered fulfilled to the User regardless of that , whether the User requested the corresponding performance from the Contractor during the Subscription Period, as well as regardless of the actual quantity and volume of the relevant Services provided to the User within the Subscription Period.
3.11. Procedure for providing Services under Subscription
3.11.1. The User has the right to request from the Contractor the provision of any other type of service, as well as other services not included in this Offer. The Contractor reserves the right to refuse to provide such a service.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES, GUARANTEES
4.1. The Contractor undertakes:
4.1.1. provide the User with Services within the framework of the Subscription in a quality manner and within a reasonable time frame;
4.1.2. immediately bring to the attention of the User any information related to the provision of Subscription Services;
4.1.3. guarantee to the User the quality of the Subscription Services provided;
4.2. The user undertakes:
4.2.1. provide the Contractor with all information, provide information that is necessary for the provision of Services by the Contractor;
4.2.2. provide the Contractor with the necessary assistance in the latter’s execution of the provisions of the Offer;
4.2.3. pay the Subscription Cost in accordance with the terms of the Offer.
4.3. The Contractor has the right:
4.3.1. request from the User additional information necessary for the provision of Services;
4.3.2. in case of violation by the User of his obligations under the Offer, suspend or terminate the provision of Services.
4.4. The user has the right:
4.4.1. check the progress of the Services and, upon request, receive all the necessary information about the progress of the Services. The Contractor is obliged to provide appropriate access to the Customer and not to interfere with control.
4.5. The User guarantees that he is legally capable and has reached the age required to complete the transaction provided for in the Offer.
4.6. The User guarantees the accuracy of the personal information provided during registration and use of the Service and when registering a Subscription, and assumes full responsibility for its accuracy, completeness and reliability. The user assumes all possible risks associated with his actions made due to errors or inaccuracies in the personal information provided.
4.7. The user confirms that he has fully read and unconditionally agreed with the Offer, as well as the fact that he understands the provisions of the Offer and the documents to which the Offer refers.
4.8. The user provides his consent to receive advertising and informational messages. The user has the right to refuse to receive advertising messages in the manner specified in the Personal Account or by following the instructions specified in the received message.
5. SUBSCRIPTION COST AND PAYMENT TERMS
5.1. The cost of the Subscription is indicated in the Service, includes remuneration and all expenses and costs of the Contractor associated with the provision of Services within the Subscription, unless otherwise provided by the Offer.
5.2. Payment for the Subscription Cost is made by non-cash payment from the Linked Card in the manner described in clause 3.5. Offers.
6. PERSONAL DATA
6.1. The Contractor undertakes to process the User’s personal information received as part of the provision of Subscription Services.
6.2. The processing of the User’s personal information is limited to the purposes of providing Subscription Services. The Contractor has the right to transfer personal information to third parties only if such transfer is necessary for the provision of Services, including with the participation or involvement of third parties in the performance of obligations under this Agreement.
7. DURATION OF THE AGREEMENT
7.1. The Agreement comes into force from the moment of conclusion and is valid:
7.1.1. until the Parties fulfill their obligations under the Agreement, or
7.1.2. until the Agreement is terminated in the manner specified in clause 7.3 of the Agreement.
7.2. The parties agreed that the Contractor has the right to unilaterally make changes to the Agreement, which come into force from the moment the amended text of the Offer is posted on the Service, unless a different period for the changes to enter into force is indicated in the amended text of the Offer.
7.3. The contract may be terminated:
7.3.1. by agreement of the Parties at any time;
7.3.2. on the initiative of any of the Parties with written notification to the other Party, including in electronic form, in which case the date of termination is considered the date of sending such notification.
8. RESPONSIBILITY OF THE PARTIES
8.1. For violation of the terms of the Agreement, the Parties bear responsibility established by the Agreement.
8.2. The Contractor has the right to cancel the Agreement unilaterally out of court in the event of a violation by the User of the assurances set out in clauses 4.5-4.7. Offers.
8.3. The Parties are released from liability for partial or complete failure to fulfill obligations under this Agreement if this failure was a consequence of force majeure circumstances that arose after the conclusion of the Agreement, or if the failure to fulfill obligations by the Parties under the Agreement was a consequence of extraordinary events that the Parties could neither foresee no turn around by reasonable measures. Force majeure circumstances include events that the Party cannot influence and for the occurrence of which it is not responsible, including: war, uprising, strike, earthquake, flood, other natural disasters, fire, power failures that occurred through no fault The parties, actions and acts of authorities adopted after the conclusion of the Agreement and making it impossible to fulfill the obligations established by the Agreement, and other unforeseen circumstances and events and phenomena beyond the control of the parties, but not limited to those specified.
8.4. In order to counteract unfair behavior of Users, the Contractor reserves the right to unilaterally, out of court, renounce the Agreement in the event of detection of corresponding unfair behavior.
8.5. The Contractor is not responsible for any adverse consequences that occur for the User as a result of the actions (inaction) of the Contractor, in the event that these actions (inaction) were the result of the User’s failure to provide the Contractor with the necessary information (documents, equipment) or the provision of incomplete or unreliable information information.
9. OTHER CONDITIONS
9.1. Claims from the User are accepted to the email address of the Service Support Service, and, if necessary, at the request of the Contractor, also sent in writing to the address specified in Section 10 of the Offer.
The period for consideration of the User’s claim is up to 10 (ten) days from the date of its receipt.
9.2. If disputes between the User and the Contractor in relation to the Agreement are not resolved through negotiations between the Parties, they are subject to consideration in the manner prescribed by current legislation in court.
9.3. In the event that one or more provisions of the Agreement are for any reason invalid and have no legal force, such invalidity shall not affect the validity of any other provisions of the Agreement, which remain in force.
9.4. The Contractor has the right to unilaterally change the amount of the subscription fee for the Subscription. In this case, the User who has registered and paid for the Subscription (with automatic renewal of the subscription) is notified of such change no later than 3 (three) calendar days before the changes come into force by posting information about the new amount of the subscription fee in the Service, in marketing and advertising materials provided to Users. In this case, the cost of the Subscription Period actually paid by the User at the time of making the relevant changes is not subject to change.
10. CONTRACTOR DETAILS:
Individual Entrepreneur Roman Dubrovskii
IN 302269747, Georgia, Tbilisi