This Contract is a public Contract and the following conditions are the offer (proposal) FOP «Barynov», hereinafter referred to as Contractor, represented by Director, Barinov Chingiz Kubanovich, acting on basis of the Charter, to any person (natural or legal person), hereinafter Customer, who accepts these conditions.
Offer shall be deemed accepted by Customer, the Contract is concluded and inured if the Customer has registered Account on the Service and received Authorization data.
Service — website, available at (having the domain name) http://worksection.com, by which is provided access to the Services.
Sub-domain — the third level domain of the form http://name.worksection.com, where the name — the name provided to the Customer within the Account while using the Services.
Functions — various functions of the Service, sub-domain, and hardware — software complexes that enable Customer to keep track of Customer’s business activity and implement its optimization.
Information materials — any text, graphics, audio, video and mixed materials of an informative nature.
Personal payment account — a function of Service, allowing to monitor income and expenditure of funds paid by Customer for the providing of services.
Authorization data — data required for user identification and use of the Services, consisting of a login — a unique identifier in a form of e-mail and Password — a set of symbols, which protect access to Customer`s account from unauthorized access by third parties.
Tariff plan — a detailed list of available services, their characteristics and cost.
Account — a set of authorization data, Sub-domain and Customer Information materials which are stored and processed in a software-hardware complexes.
1. Subject of the Contract
1.1. The Contractor is obligated to provide to Customer Services in the form of access to the Service and its Functions (hereinafter the «Services»), according to the Tariff Plan chosen by Customer.
1.2. Services are beginning to provide for the Customer within one day after registering Account of the Customer on the Site and received Authorization data.
1.3. The Customer has the right to use the Services does not pay their within 30 days of registering Account of the Customer. After this period the Customer must pay the cost of Services according to their chosen Tariff plan for the future use of the Services. In the case if Services not payed access to them is limited in the manner set out below conditions of the Contract.
1.4. The Services are providing and receiving by the Parties by the Internet.
1.5. The list of Services does not include the providing of using the services in the office of the Contractor, setting and/or diagnostic equipment (personal computer, modem, etc.) and software of the Customer, as in the office of the Contractor and out to Customer, as well as training skills on the Internet.
2. Terms of Account registration and use of domain names
2.1. Customer has no right to rent, sell or otherwise provide the Sub-domain in the permanent or temporary, paid or free, possession and/or using to third parties (except for Users, registered within Account). Sub-domain provided to the Customer while using the Services, during the term of the Contract and after belongs to Contractor.
2.2. Sub-domain is provided in the case if all the necessary conditions, rules and regulations of its registration are observed, in particular, аt the time of providing a domain name is free: Generally accepted moral and ethical standards are not violated for the registration of the name; Customer has provided in the application for registration a complete, accurate and correct information required for the registration of domain names;
2.3. The Rights to use the Sub-domain are provided to the Customer only for the duration of using the Services by Customer in case of payment of these Services.
2.4. After the expiration of the Contract the Contractor will have the right to grant Sub-domain, which used the Customer to another customer (the person who uses the Services of the Contractor).
3. Rights and obligations of the Parties
3.1. Obligations of the Customer:
3.1.1. To pay for the Services of the Contractor promptly and fully in accordance with the chosen Tariff plan.
3.1.2. To provide access to the Internet and the availability of required equipment from own funds.
3.1.3. Fully implement and comply with the terms of the Contract and other agreements governing the use of Services, Functions and the Service.
3.2. Obligations of the Contractor:
3.2.1. To provide the Services to Customer qualitatively, timely and fully.
3.2.2. To inform the Customer about the conduction of preventive maintenance and repair works which affect the availability of Services by sending appropriate warnings to the email address of the Customer not later than 24 hours (twenty-four hours).
3.2.3. To maintain the confidentiality of Customer data, guided by the «Privacy Agreement», article 9.5 of the Contract and applicable law.
3.2.4. To inform the Customer about changing in the conditions of the Services promptly by posting such information on the Service and / or by sending it on e-mail address of the Customer.
3.3. The rights of the Customer:
3.3.1. To require from the Contractor providing the Services in accordance with the terms of the Contract promptly and qualitatively.
3.3.2. Timely and in full to receive information from the Contractor (including in writing) regarding the quality, value and order of providing the Services. At the same time counseling on how to use the Service and Functions by Contractor is provided exclusively by email and the form located at http://worksection.com/support.html (counseling is not done by telephone, fax and other communication).
3.4. The rights of the Contractor:
3.4.1. In case of delay in payment of Services to more than 5 (five) days after the subscription period, as well as in the case of violation of conditions of Contract by the Customer and / or agreements governing the use of the Services, Service and Functions («User Agreement», «Privacy Agreement» etc.) and / or violations of applicable law, Contractor will have the right to reduce the list of Services or suspend providing of Services to the Customer by blocking access to the Customer Account, the Service and Functions. Contractor shall notify in writing the Customer within three (3) business days (or other period) before the onset of such restrictions and closures, indicating the reasons for the closure and, if possible, specify the conditions under which access will be restored. In the case of termination of the providing the Services on the reasons specified in this article the Customer pays for the actual provided Services.
3.4.2. At the expiration of sixty (60) calendar days from the date of blocking access to the Customer Account the Contractor has the right to destroy an Account of Customer and information materials of Customer stored in it.
3.4.3. In case of Customer over-claiming for functionality, hardware and other resources that are available within the Services, the Contractor has the right to offer to the Customer switching to another Tariff plan.
3.4.4. Contractor will have the right to involve third parties to fulfill the obligations under this Contract. In this case, Contractor shall be responsible for the quality of providing Services with the limitations of liability noted in this Contract.
4. Cost of Services and payment procedure
4.1. The Cost of Services according to the Tariff Plan chosen by the Customer at the time of the concluding the Contract indicated on web page http://worksection.com/price.html
4.2. The minimum period of providing the Services to the Customer, which is a legal entity and make payment of Services by means of transfer by clearing of funds will be 3 (three) months. In this regard, the minimum payment of the Customer must be at least a three-month cost of Services. The Contractor starts providing Services only after full payment for the period.
4.3. Customer makes full payment by transferring funds to the settlement account of the Contractor using a web page of Service «Account (Tariff / Payment)».
4.4. Crediting of funds in payment for the Services is displayed in the Personal payment account of the Customer.
4.5. Services are provided in case of the availability of a positive balance in the Personal payment account of the Customer. The Customer is obliged to follow the onset of the negative balance in his Personal payment account. The Function automatically notifies the Customer of the negative balance before 7 (seven) calendar days of the date of its occurrence by sending a notification to the email address of the Customer.
4.6. Contractor has the right to change the price of Services and Tariff plans unilaterally. The modified cost of Services and Tariff plans come into operation on the date specified in written notice of the Contractor, but not earlier than thirty (30) calendar days from receipt of such notification by the Customer. Change the value of Services and Tariff plans does not apply to those already paid by the Customer Services.
4.7. In case of disagreement with the change in value of the Customer Services and / or Tariff plans, the Customer has to inform Contractor about his disagreement in writing within 7 (seven) days from the date of sending notification about changes from the Contractor by e-mail. In case no agreement is reached between the parties modifying the terms of the Contract, the Contract will be deemed terminated.
4.8. While making the payment Customer must specify in the payment document Tariff plan and the name of Account, which granted him by the registration. If in the purpose payment made by the customer and credited to account of the Contractor, account of the Customer is not specified, the Contractor shall have the right not to provide Services till the confirmation by the Customer of the payment to the particular Account.
4.9. Services are paid for the Account that is specified in the details of payment, regardless of who made the payment.
4.10. The Customer is responsible by himself for the accuracy of ongoing payments. In case of change of bank details of the Contractor, new bank details may be communicated to the Customer by giving written notice. Since the direction of a written notice about the change in payment details Customer is solely responsible for payments made on obsolete bank details.
4.11. The date of payment Services is the date of receipt of funds for the current account of the Contractor.
4.12. In the case of formation a negative balance the Customer shall make a prepayment for the Services selected by Customer billing period according to Tariff plan within five (5) working days.
4.13. Within sixty (60) calendar days from the time of formation the negative balance in the Personal payment account of the Customer, the Customer Account and Information materials stored in it are reserved to the Customer. By ending this period, the Contractor shall have the right to destroy an Account of Customer and Information materials stored in it.
4.14. With the inability to use by the Customer the Services for reasons beyond the control of the Contractor, and subject to the faithful implementation by the Customer of its obligations under the Contract The Contractor shall not charge a fee for the time of the failure of the Services.
5.1. Worksection will provide full refund within 30 calendar days of the date of payment if asked for. No matter how much usage there was. And no refund beyond that time frame.
6. The procedure of delivery-acceptance of the provided services
6.1. If necessary, at the initiative of one of the Parties, on the expiry of the accounting period of the Services Parties may be drawing up the Act of delivery-acceptance of the Services.
6.2. In the case drawing up the Act The Customer is obliged to accept provided Services, to sign the Act and return it second copy to the Contractor not later than five (5) working days of receipt, either in the same period to give the Contractor reasonable refusal to sign the Act by giving it in writing to the postal address of the Contractor: firstname.lastname@example.org
6.3. In cases of violation of terms by the Customer noted in article 5.2. of the Contract, the Services are considered accepted by the Customer in full and without comment.
6.4. Customer is responsible for the undue signing and transfer to the Contractor of delivery-acceptance Act of provided Services.
6.5. Delivery of documents signed by the Contractor to the Customer is performed by means of the Contractor. Delivery of the Contractor signed by the Customer of documents produced by and the customer.
7. Responsibilities of Parties
7.1. The parties understand the specificity of data processing and transmission on the Internet, and therefore agree that the Contractor shall not be liable for any failure of the Services for reasons beyond his control, including but not limited to, as a result of failures of software — hardware complexes of third parties and / or channels data, not belonging to the Contractor.
7.2. The Contractor shall not be liable for any damages and loss of profit associated with the use of the Services by the Customer.
7.3. Contractor is not responsible for the content of any data and information that are generated, processed, transmitted and received by the Customer or other users of the Service and does not cover any losses caused by such information, their content and use.
7.4. If the Customer has become aware of a violation by any other person the terms of this Contract, User Agreement on the use of the Service, the Privacy 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, for prevent such violations.
7.5. In case of refusal or offgrade providing the Services the Contractor shall pay a penalty of 15% of Service cost for the corresponding month for each fact of such violation. Payment penalty is carried out exclusively by subtracting the amount of penalties from the Service costs for the next reporting period.
7.6. If the term breach of the Services exceed fifteen (15) days, Customer may terminate this Contract unilaterally and demand refunds of not provided or rendered improperly Services. At the same time for the Customer retains the right to recover penalties in accordance with article 6.5 of the Contract.
7.7. Customer is responsible for the safety of his Data authorization and for the documented losses caused to the Contractor as a result of authorized or unauthorized receipt and use of an Data authorization of the Customer by anyone. In the case of Data authorization theft (login and password) of the Customer, the Customer has the right to send to the Contractor a written request to change the password with the mandatory appendix to the application of the relevant financial document that confirms the payment of Services on the date of changing the Password.
8. Settlement of Disputes
8.1. All the contradictions between the Parties concerning the Contract performance will be settled through negotiations between the Parties. The Parties will establish a mandatory pre-trial dispute settlement by the claim in accordance with the laws of the country of the Contractor.
8.2. The Contractor will review only claim for Services that are declared by the Customer in writing and in compliance with the limitation period established by the legislation of the country of the Contractor. Term review of the claims of the Customer is not more than thirty (30) calendar days from the date of its receipt by the Contractor.
8.3. In order to resolve technical issues in determining the guilt of the Customer as a result of his wrongful actions when using the Services, Services, Account and / or in the Internet, the Contractor has the right to engage competent organizations as experts.
8.4. The Parties agree that in disputes, the Parties have the right to provide as evidence e-mails with the retention of technical information in them (titles). In the case if the technical information (title) is missing, a letter is not evidence. Original title e-mail confirmed by independent experts, or Internet service provider with which it was sent to the appropriate e-mail.
8.5. If failing the settlement of disputes by negotiation, the disputes dealt with in the appropriate court of the country of the Contractor.
8.6. On all questions not covered by the Contract, the Parties shall be guided by the legislation of the country of the Contractor.
9. Subscription policy
9.1 The Service is offered with a free trial for a 30 calendar days. Once that trial is up, Customer will only be able to continue using the Service by paying in advance for additional usage. If you fail to pay for additional usage, your account will be frozen and inaccessible until payment is made.
9.2 For any upgrade or downgrade in plan level, will result in the new rate being charged at the next billing cycle. There will be no prorating for downgrades in between billing cycles.
9.3 Downgrading your Service may cause the loss of features or capacity of your account. the Contractor does not accept any liability for such loss.
9.4 All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the Customer shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
10.1 The Customer are solely responsible for properly canceling his account. An email or phone request to cancel Customer’s account is not considered cancellation. The Customer can cancel his account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple cancellation link.
10.2 All of Customer’s content will be immediately be inaccessible from the Service upon cancellation. Within 7 days, all this content will be permanently deleted from all backups and logs. This information can not be recovered once it has been permanently deleted.
10.3 If the Customer cancel the Service before the end of your current paid up month, cancellation will take effect immediately, and the Customer will not be charged again. But there will not be any prorating of unused time in the last billing cycle.
10.4 The Contractor, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of the Contractor’s Account or the Customer’s access to your Account, and the forfeiture and relinquishment of all content in the Customer’s account. The Contractor reserves the right to refuse service to anyone for any reason at any time.
10.5. The Contract will enter into force upon registration of the Customer Account on the Service and shall be valid during the whole period when the Contractor shall provide Services, and the Customer to pay them, but in any case until the Parties fulfill their obligations under the Contract.
11. Supplementary conditions
11.1. Customer acknowledges that at the time of signing of the Contract, he has read and fully agree with the use of the Services and the Service comply with the terms «Privacy Agreement» and conditions of «User Agreement».
11.2. The Parties have determined that the names of the chapters (articles) of the Contract are intended solely for the convenience of the literal text of the Contract and but not for legal interpretation.
11.3. Party, which has brought changes in contact details (postal, legal, address, phone number, bank details of contact persons and other information that may affect the performance of the Contract) is required to inform the other parties within 15 days from the date of such changes.
11.4. Each Party shall ensure the confidentiality of information received upon the Contract performance of technical, commercial or other information that provides value because of its obscurity to others and take action on non-disclosure of such information. In the case of termination of the Contract the transfer of such information to third parties, its publication or disclosure by any other means are possible only by written permission of the other Party, regardless of the cause and date of termination of the Contract.
11.5. Parties are not responsible for the partial or full default of obligations hereunder, provided that this failure was a result of force majeure arising after the conclusion of the Contract as a result of extraordinary events that could not have been foreseen or prevented by reasonable measures (force majeure). The Parties undertake to inform each other within 3 days from the occurrence of such circumstances.
THE CONTRACTORFOP «»
Certificate number single tax payer: 2949915218
Ukraine, 03118 Kiev, pr.Lobanovskogo, 130/256