Terms of Service for the provision and use of FormDesigner.ru services
Individual Entrepreneur Shamshur Ivan Olegovich, operating on the basis of State Registration Certificate No. 2 266 000 0000 075598 dated 08/07/2013, hereinafter referred to as the Executor, on the one hand, publishes these Terms, which are a public offer for providing the Services and/or providing access to the Service (website) on the Internet and other related services.
1. TERMS AND DEFINITIONS
For the purposes of the present Offer-Agreement, the following terms are used in the following meanings:
- Service — is a website hosted on the Internet at formdesigner.ru, as well as any sites in the *.formdesigner.ru (where * is any name) domain zone.
- Client (Customer) — is an individual and/or legal entity that has accepted the terms of the present Offer and/or uses the Service.
- Price list — is the current systematized list of Executor's Services with prices, published on the Internet at the following address: https://formdesigner.ru/en/tariffs.
- Subscription Features — is a connection of additional functionality of the Service for a specified period, in accordance with the Price list and the conditions of the present Offer.
- Authentication data — is a unique login and password of the Client, used to access Subscription Features. Email address specified by the Client is used as login when registering on the Service.
- Authorization — is the process of analysis of the authentication data entered by the Client on the Executor's server, which determines whether the Client has the access rights to receive Subscription Features.
- Credentials — are Customer's email address, password, last name, and first name.
2. GENERAL PROVISIONS
2.1. These Terms in accordance with Article 435 of the Civil Code of Ukraine is a public offer of the Executor to individuals and legal entities containing the basic conditions of the Agreement for the provision of the Subscription Features and the use of the Service.
2.2. A complete and unconditional acceptance of the present offer is any action to fulfill the conditions specified in the present offer, including payment for the Subscription Features, registration as a Client on the Service’s website, as well as other actions confirming the person’s intention to use the Service and/or Subscription Features.
2.3. Upon acceptance of the offer, the Client is considered to have read and agreed to the present offer and in accordance with the Civil Code of Ukraine is considered to have entered into a contractual relationship with the Executor in accordance with these Terms.
2.4. The Executor's obligations are limited by the Terms of the present Offer, in particular, the Executor's obligations do not include the provision of access to the Internet to the Client. The Client receives access to the Internet at his own expense. Also, The Executor does not provide the possibility of receiving and transmitting electronic messages by the Client at the Executor's office; settings and/or diagnostics of computer equipment and software, as well as training the Client and/or the Client’s employees in working with software and hardware.
2.5. Subscription Features are provided on the conditions specified in the “Offer-agreement” document (the present document) posted freely on the Internet at https://formdesigner.ru/en/oferta.
2.6. The Executor reserves the right to amend or supplement these Terms at any time, with or without notice to the Clients. The current edition is always available on the Executor's website at https://formdesigner.ru/en/oferta.
3. COST OF SUBSCRIPTION FEATURES AND PAYMENT PROCEDURE
3.1. The cost of the Subscription Features is determined in accordance with the Price List.
3.2. The Executor reserves the right to unilaterally change the Price List.
3.3. Subscription Features are paid by the Client on a prepayment basis, and the prepayment method for the Subscription Features is determined by the Client independently from among the options offered on the website of the Service.
3.4. The date of the provision of the Services by the Executor is the date of connection (extension) of the additional functionality of the Service for a specified period.
4. SERVICE PROCEDURE
4.1. For the duration of the Agreement, the Executor provides the Client with the right of access to the additional functionality of the Service, that is not exclusive, not subject to transfer or exclusion in any form, with a limited validity period exclusively for the client’s business operations, provided that they do not include the rental of the Service.
4.2. Client access to the Service is carried out on the Internet by entering Client Authentication data at the address of the Service.
4.3. The delivery of Subscription Features is carried out after depositing funds to the bank account of the Contractor.
4.4. Upon expiration of the period of access to additional functionality of the Service, the Executor disables access to additional functionality of the Service.
4.5. The reporting period for the provision of Subscription Features is set in the Price List.
4.6. Acceptance of Subscription Features is carried out in the following order:
4.6.1. Within five working days from the date of the provision of the Subscription Features(connecting Client to the additional functionality of the Service for a certain period of time, in accordance with the price list and conditions of the present offer), the Executor forms unilateral Service Acceptance Certificate in accordance with the cost of the services provided.
4.6.2. Subscription Features are deemed to be provided by the Executor appropriately and accepted by the Client to the extent specified in the Acceptance Certificate if, within five business days from the date of issuing the Acceptance Certificate, the Executor has not received any motivated written objections from the Client.
After the expiration of the period specified above (five business days), the Client’s claims regarding the shortcomings of the Subscription Features, including the quantity (volume), price, and quality are not accepted.
4.7. The costs, including the bank commission, for the transfer of funds by the Client under the present Agreement, are incumbent on to the Customer.
5. RULES ON THE USE OF SERVICE
5.1. Registration in the Service is carried out by the Client independently by indicating their credentials. The elements that identify the Customer in the Service are the email address and password specified during registration (credentials).
5.2. The email address and password used by the Client to access the Service are not restored by the Executor. Password recovery is carried out by the Client independently.
5.4. The client takes full responsibility for actions and/or inaction that led to disclosure, loss, theft, etc. of his credentials and other information that individualizes the Client, as well as for any actions and/or inaction of third parties using the credentials of the Client. The Executor is not responsible for the above actions of the Client and/or third parties using his credentials.
5.5. When using the Service, any actions aimed at obtaining unauthorized access to the resources of the Executor's server, personal credentials and other data of other clients, as well as any other data accessible via the Internet are prohibited.
5.6. When using the Service, the Client is prohibited from the mass mailing of electronic messages of a commercial, advertising, or other nature that are not agreed/requested by the recipient of information by email or to teleconference groups through the Contractor's technical resources ("spam"). Distribution information with the consent of the recipient is not considered as "spam" if there is the possibility of unsubscribing from it. Electronic messages are understood as messages of electronic mail, ICQ and other similar means of personal exchange of information.
5.7. It is forbidden to send "spam" through resources that do not belong to the Executor, if the message contains coordinates (website address, email, etc.) supported by the Executor.
5.8.1. Use of the service must be carried out by the Client only for legitimate purposes and in legal ways, taking into account the legislation of Ukraine.
5.8.2. The content of the information nodes created and maintained by the Client is the responsibility of the Client himself. The Executor does not exercise preliminary control over the content of the information posted and/or distributed by the Client, however, when the placement and dissemination of such information are contrary to law, the Contractor has the rights to block or delete the relevant resources without warning (in case of serious violations).
5.8.3. It is forbidden to post and disseminate photo and video materials of a pornographic, vulgar, violent nature, as well as any materials with violation of copyright or legislation, in particular, calls for violence, the overthrow of the existing government, sex, race, religion, or nationality-based discrimination, etc.
5.8.4. It is forbidden to post and disseminate any information or software that can be used to hack into computer systems or contains computer viruses or other components equated to them.
5.8.5. It is forbidden to post so-called “doorways” and other forms of spamdexing.
5.8.6. The Client agrees to not damage the software shell, hardware and software, the host machines of the Executor and third parties.
5.8.7. The Client agrees to comply with the copyrights to the software and documentation provided by the Contractor and/or third parties.
6. RIGHTS AND OBLIGATIONS OF THE EXECUTOR
6.1. The Executor undertakes:
6.1.1. Ensure the operation of the Service, in accordance with these Terms, 24 hours a day, 7 days a week, including weekends and holidays (the service should be available at least 90% of the time per month), except as otherwise provided in the present Agreement.
6.1.2. Keep records of payment for Subscription Features by the Client.
6.1.3. Maintain confidentiality of Client credentials. The Executor has access to the Client’s information for the technical support of the Service and also has the right to access such information in cases of receiving claims from third parties regarding illegal and/or malicious, as well as other actions of the Client that harm the Executor and/or the third parties. The Executor has the right to report the above data only to the competent state authorities in cases under the current legislation of Ukraine.
Backing up data of the Client in order to prevent loss of information is not considered to be a violation of confidentiality.
6.2. The Executor is entitled to:
6.2.1. Suspend the work of the Service to carry out the necessary scheduled preventive and repair work on the technical resources of the Executor, as well as unscheduled work in emergency situations.
6.2.2. Interrupt the Service, due to the inability to use information and transport channels that are not the Executor's own resources, or the action and/or inaction of third parties, if this directly affects the operation of the Service, including in an emergency. The Executor does not bear any responsibility to the Client and does not reimburse the Client for any losses and/or lost profits, including Client's loss or theft of the Client’s credentials, as well as arising or likely to arise delays, interruptions in work and the inability to fully utilize the resources and Subscription Features of the Executor incurred by the Client and/or third parties due to disclosure, arising for the reasons above.
6.2.3. To make changes and additions to these Terms and Price List by publishing these changes and additions on the website of the Service.
6.2.5. The Executor has the right to update the content, functionality and user interface of the Service at any time in its sole discretion.
6.2.6. After 1 (one) calendar month from the date of termination of the Contract, the Executor is released from any obligations related to Customer Data and has the right to delete all customer data from the Service without the possibility of recovery.
6.2.7. The Executor has the right to refer to the Client as a user of the Service and/or Subscription Features, in any form and on any medium (including the website of the Service and any other websites and/or in the Executor's advertising materials).
7. LIABILITY OF THE PARTIES
7.1. For all matters not regulated by the present Offer-agreement, as well as when resolving disputes arising in the course of its execution, the Parties are guided by the current legislation of Ukraine.
7.2. The Client is liable for any of his actions and/or inaction, whether intentional or unintentional, as well as for any actions and/or inaction of persons using his credentials related to the placement and/or distribution of information on the Internet, obtained through the use of the Executor's resources access to the resources of third parties that resulted and/or may result in a violation of any legislation of Ukraine, as well as for any damage caused by the above actions and/or inaction of the Executor, third parties and moral principles of the company. The Executor is not responsible for such actions and/or inaction of the Client or persons using his credentials, as well as the consequences of such actions and/or inaction.
7.3. The Client is liable for any illegal actions and/or inaction of the Client and/or persons using his credentials that caused any harm to the Contractor, including loss of business reputation, and compensates for losses of Executor.
7.4. The Executor is liable to the Client only within the limits of the paid but not provided Subscription Features. The Executor does not bear the financial liability to the Client and does not return to the Client the money paid under the present Agreement if the Subscription Features were not accepted due to the fault of the Client, in particular, due to a violation of these Terms.
7.5. In the event that the proper fulfillment by the parties of these Terms is impossible due to objective reasons that the Parties could neither have foreseen nor prevented (natural disasters, changes in the current legislation of Ukraine, actions of state authorities and government, military operations of all kinds, etc.), neither party has the right to demand compensation from the other party for losses caused by improper performance or non-performance of the present Agreement (including lost profits).
8. TERMINATION OF THE AGREEMENT
8.1 The contract may be terminated:
8.1.1 By the Client at any time with prior notice to the Executor at least 10 (ten) business days prior to the termination.
8.1.2 By the Executor at any time with prior notice to the Customer at least 10 (ten) business days prior to the termination.
8.1.3 By agreement of the Parties at any time.
8.1.4 At the initiative of either Party in case of violation of the Terms of the Agreement by the other Party with written notice of the other Party at least 10 (ten) business days before the termination of the Agreement.
9. OTHER TERMS
9.1. The Executor has the right, if necessary, to attract third parties with the appropriate licenses to provide the Subscription Features and ensure the operation of the Service.
9.2. The name and numbering of the articles of the present Offer are given for ease of reading and not irrelevant when interpreting these Terms.
9.3. If any clause of present Terms is not literally enforceable, it shall be interpreted in accordance with the current legislation of Ukraine taking into account the initial interests of the Parties, while the remaining part of the Terms continues to be fully operational.
9.4. If the Client’s action led to the submission of claims to the Executor, claims of third parties and/or orders for the payment of penalties by state authorities in connection with a violation of the rights of third parties and/or legislation, the Client undertakes to immediately provide him with all the requested information regarding the placement and content of materials used in the Service, to assist the Executor in the settlement of such claims, as well as to compensate all losses incurred by the Executor as a result of the presentation of such claims and orders.
9.5. All arised disputes are resolved in court at the location of the Executor.