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PREAMBLE
Before accepting the terms of this Agreement and gaining access to the "boostinglead" Software using the website https://boostinglead.com/ and other services provided for by this Agreement, please carefully read the content of this Public Offer, in particular, the terms of access, the procedure for granting acceptance, liability and other conditions.
The Public Offer is posted on the website https://boostinglead.com/, which provides a real opportunity to familiarize yourself with the content of the Public Offer.
Posting the text of this Agreement on the Internet at the link https://boostinglead.com/ is a public offer to enter into the Agreement on the terms and conditions set forth herein. The terms of the Agreement shall be established by the Contractor.
GENERAL PROVISIONS
- 1.1 Artush Karenovich Soghomonyan, who is registered as a business entity in accordance with the current legislation and is an individual entrepreneur (hereinafter referred to as the "Contractor"), on the one hand, offers any legally capable individual, legal entity or individual entrepreneur (hereinafter referred to as the "Customer"), on the other hand, to join this Public Offer (hereinafter referred to as the "Agreement") on the terms and conditions specified in this Agreement. The "Contractor" and the "Customer", when mentioned simultaneously in the Agreement, are referred to as the "Parties".
- 1.2 The Agreement is public, its terms and conditions are the same for all Customers without favoring one Customer over another.
- 1.3 The Customer confirms its agreement with all provisions of this Agreement by joining it.
- 1.4 The services specified in this Agreement are electronic services and are regulated by the Law of Ukraine "On Electronic Commerce", namely paid services provided remotely using information and telecommunication systems.
- 1.5 The Customer confirms that he/she has read, understood, accepted, accepted and fully agrees to comply with the terms of this Agreement.
DEFINITION OF TERMS
- 2.1 The Contractor is Artush Karenovich Soghomonyan, an individual entrepreneur, who provides access to the software to the Website users.
- 2.2 The Website is a set of software, information, and media data logically interconnected, available on the Internet at: https://boostinglead.com/. The website is owned by the Contractor.
- 2.3 The Customer is a user of the Website software who has entered into this Agreement with the Contractor for the provision of services for providing access to the software.
- 2.4 Software means the "boostinglead" software, access to which the Contractor provides the Customer with within the scope of this Agreement.
- 2.5 Quizzes - surveys created to clarify the needs of the customers of the Customer's website and familiarize them with the range of goods, works, services offered by the Customer, as well as to obtain customer contact information, created using the Website services and posted on the Customer's Website.
- 2.6 Quiz User means a user of the Customer's website who uses the Quiz created using the Software.
- 2.7 The Service is the result of the Contractor's activities, an intangible product of information and consulting nature, which the Contractor provides to the Customer in accordance with the terms of this Agreement.
- 2.8 Financial agent - payment system(represented by Limited Liability Company "Financial Company "ELAENS"")which organizes and transfers funds on behalf of the Contractor using electronic methods of processing payments for goods or services sold on the website.
- 2.9 Other terms used in this Agreement shall be interpreted in accordance with the current legislation of Ukraine.
SUBJECT MATTER OF THE CONTRACT
- 3.1 The Contractor undertakes to provide the Customer with the services of providing access to the Software via the Website and other services specified in this Agreement and/or on the Website, and the Customer undertakes to accept and pay for these services (hereinafter referred to as the "Services").
- 3.2 The software allows the Customer to create marketing surveys to clarify the needs of the users of the Customer's website and familiarize them with the range of goods, works, services offered by the Customer, as well as to obtain contact information of users, and to place them on the Customer's website.
- 3.3 The Parties agree that the information about the Contractor's services posted by the Contractor on the Website shall be an integral part of this Agreement.
- 3.4 The Contractor reserves the right to amend and/or supplement this Agreement without any special notice to the Customer. The new version of the Agreement shall enter into force upon its posting on the Website, unless otherwise provided by the new version of the Agreement. The current version of the Agreement is always available on the Website. The Customer's silence shall be regarded as acceptance of the amendments and (or) additions to the Agreement.
- 3.5 The services provided by the Contractor are not educational, are not subject to licensing, and are not accompanied by certification, assignment of any qualification and issuance of an education document or certificate.
PRICE AND PAYMENT PROCEDURE
- 4.1 The amount of the fee for granting the rights to use the Software and the price of the Services provided shall be set by the Contractor unilaterally and indicated on the Website in the form of tariffs providing for different scope of the rights granted and the nature of the Services provided.
- 4.2 The Customer shall choose the tariff from those indicated on the Website. The Customer has the right to change the tariff on the terms and conditions specified on the Website.
- 4.3 The Customer shall choose the payment procedure from the options provided. When choosing the automatic payment function, the payment shall be debited from the Customer's account in the established amount and after the expiration of the period specified in the selected tariff. Automatic payment functions (automatic payment renewal) shall remain in effect until the Customer disables this function in the Customer's personal account. Failure to disable the automatic payment function in a timely manner shall not be grounds for refunding the debited funds to the Customer.
- 4.4 The Customer shall pay on a prepaid basis in the amount of 100% for the selected tariff. If the Customer exceeds the scope of the Services at the selected and paid tariff when using the Software, the cost of the Services received in excess of the paid tariff shall be paid additionally by debiting the Customer's account. The Customer shall be notified of the excessive use of the Services at the selected tariff in the personal account.
- 4.5 The Customer shall make an advance payment for the services to his/her personal account by means of a bank transfer or online payment using the Financial Agent service.
- 4.6 If the Customer pays for the Services by bank transfer, the Customer realizes that the payment is made by an authorized person. The Customer shall bear the risk of third parties gaining access to the Customer's bank card or other means of payment independently and in full.
- 4.7 If third parties gain access to the Customer's bank card or other means of payment, the latter shall immediately notify the Contractor of this fact by sending an e-mail to the Contractor's address with confirmation of the Customer's identity. Until the respective notification from the Customer is received and the fact of access by third parties is confirmed, all payments received by the Contractor shall be recognized as made by the Customer.
- 4.8 By making the payment, the Customer confirms that he/she makes the payment and acquires the rights to use the Software and receives the Services on his/her own free will and in his/her own interests.
- 4.9 The amounts of any funds paid by the Customer to the Contractor shall be non-refundable regardless of the circumstances requiring the return of these payments, including if the Customer accepts and agrees that in case of violation by the Customer of the provisions of the Agreement, including failure to fulfill improper fulfillment of the Customer's obligations under the Agreement or as a result of the Customer's inaction, as well as in the event that the Customer decides to terminate the Agreement (on any grounds), or loses interest in the Services or otherwise cannot fulfill its obligations under the Agreement. In such case, the parties agree that the amounts of the Customer's payments shall be considered as compensation to the Contractor for withdrawal from the Agreement, which shall not be refunded to the Customer, and shall not be considered as losses or unjust enrichment in accordance with the terms of the Agreement and the laws of Ukraine.
- 4.10 No refunds are provided for the reason that the Service does not meet the Customer's expectations.
PROCEDURE FOR GRANTING ACCEPTANCE
- 5.1 The Contractor shall be deemed to have made an offer on the terms and conditions set forth in this Agreement from the moment this Agreement and information about the services are posted on the Website.
- 5.2 This Agreement shall be deemed concluded from the moment the Contractor receives information about the acceptance of its offer to provide services by the Customer.
- 5.3 The acceptance of the offer shall be deemed to be the performance by the Customer of any of the above actions:
- registration of the Customer on the website https://app.boostinglead.com/registration?lang=en;
- when uploading images to the Contractor's Website on the Internet: https://boostinglead.com/;
- payment by the Customer for the Contractor's Services;
- the Customer's use of any services on the Website https://boostinglead.com/.
- 5.4 The Customer shall not be entitled to use the services under the Agreement if the Agreement has not been concluded or if the Customer does not agree in whole or in part with the provisions of this Agreement.
THE PROCEDURE FOR ACCESS TO THE SOFTWARE AND PROVISION OF SERVICES
- 6.1 To obtain access to the Software and/or other services and facilities of the Website, the Customer shall register on the Website, as a result of which a unique account will be created for the Customer (hereinafter referred to as the Registration).
- 6.2 The Contractor shall not be responsible for the accuracy and correctness of the information provided by the Customer during the Registration. The Customer undertakes to provide accurate and complete information on the issues proposed in the Registration form and to keep this information up to date. If the Customer provides inaccurate information and/or the Customer cannot be contacted at the phone number provided during the Registration, the Contractor shall have the right, at its sole discretion, to block or delete the Customer's account and refuse to provide the Services, use the Website services in whole or in part. The Contractor shall have the right, but not the obligation, to notify the Customer of the incident.
- 6.3 The Contractor shall have the right to request from the Customer, and the Customer shall be obliged to provide, at the Contractor's request, documentary evidence of the data specified during the Registration. Failure to provide supporting documents, at the discretion of the Contractor, may be equated to providing false information and entail the consequences provided for in Clause 6.2 of the Agreement. The Customer shall be obliged to provide all information and documents requested by the Contractor within the time period specified by the Contractor.
- 6.4 The Customer's personal data contained in the account shall be stored and processed by the Contractor in accordance with the terms of this Agreement and the legislation of Ukraine.
- 6.5 When registering, the Customer shall independently choose a login (a unique symbolic account name) and password to access the account. The Contractor shall have the right to prohibit the use of certain logins, as well as to set requirements for the login and password (length, valid characters, etc.). The Customer undertakes not to disclose to third parties the login and password specified during the Registration. In case the Customer suspects the security of his login and password or the impossibility of their unauthorized use by third parties, the Customer shall immediately notify the Contractor thereof.
- 6.6 The Customer shall be solely responsible for the security of the password chosen by him/her and shall ensure the confidentiality of his/her password. All actions when using the Website under the Customer's account shall be deemed to have been performed by the Customer, unless the Customer has notified the Contractor in accordance with the procedure provided for in clause 6.5 of the Agreement of unauthorized access to the Website using the Customer's account and/or of any breach (suspected breach) of the confidentiality of his password. The Customer shall not be entitled to transfer data for access to the Customer's account to third parties without the prior consent of the Contractor.
- 6.7 The Contractor shall have the right to refuse to register the Customer, block or delete the Customer's account, prohibit access to certain services of the Website using the Customer's account and delete any Customer's content without giving any reason, including in case of violation by the Customer of the terms of this Agreement and/or the legislation of Ukraine. The fact of the violation shall be established by the Contractor unilaterally and independently. The Customer agrees with this procedure and undertakes to comply with the Contractor's decisions.
- 6.8 The services provided by the Contractor shall be deemed to be rendered in full and properly at the moment of providing the Customer with access to the Software with the relevant functionality required by the Customer.
WARRANTIES AND REPRESENTATIONS
- 7.1 Each of the Parties hereby represents and warrants to the other Party that as of the date of the Agreement and during its validity period:
- is a subject of civil relations and acts in accordance with Ukrainian law, has all the rights and full powers necessary to conduct business in Ukraine;
- shall have full authority to enter into this Agreement and perform its obligations hereunder;
- has taken all actions necessary to conclude and execute this Agreement and to ensure that the Agreement is legal, binding on the Party to the Agreement and enforceable against the other Party to the Agreement;
- there are, to the best of its knowledge, no unresolved legal issues, threats of litigation or other circumstances that may have negative consequences for the Party to the Agreement or its activities, the Party to the Agreement has not violated any material provisions of any agreement or contract it has entered into, there are no resolutions, rulings and decisions of a court or other governmental body that may adversely affect the position of the Party to the Agreement or its activities;
- there are no provisions in Ukrainian legislation or other regulations, in contracts binding on the Party to the Agreement or the property that may violate or impede the signing or execution of this Agreement;
- fulfillment of the obligations under the Agreement shall be an unconditional obligation of the Party to the Agreement, which shall at least have the same priority as other obligations of the Party to the Agreement;
- the transaction (transactions) of either party to the Agreement does not contradict the objectives of the respective party to the Agreement as a legal entity, and there are no interests of the founder (participant) or other person that are violated or not observed during the conclusion and/or performance of the Agreement;
- all information and documents provided by a Party to the Agreement to the other Party pursuant to this Agreement are true, reliable, complete and accurate, and a Party to the Agreement does not conceal any facts that, if known, could have an adverse effect on the decision of the other Party to the Agreement when entering into this Agreement;
- The Parties acted in good faith, in good faith and reasonably when drafting the Agreement, agreeing on its terms, determining the rights and obligations arising from the Agreement, identifying legal and other risks that entail conclusion and execution;
- has sufficient information about its counterparty to the extent necessary to select it and understand whether it has sufficient resources to fulfill its obligations under the Agreement;
- the obligations of a Party under this Agreement shall be legal, valid and binding on the other Party to the Agreement.
- 7.2 The Customer hereby declares and warrants to the Contractor that as of the date of this Agreement and during its validity:
- The Customer shall ensure, at its own expense, the observance of copyright, patent and any other rights of third parties in the performance by the Parties of their obligations under this Agreement;
- when using the Quiz to collect personal data, the Customer shall fully comply with the requirements of the legislation on personal data protection, including processing the data in accordance with the stated purposes and preventing the unlawful disclosure of the received personal data.
- 7.3 The Contractor does not provide the Customer with any express or implied warranties regarding the Software and services, including but not limited to: fitness for a particular purpose, safety and security, accuracy, completeness, performance, system integration, uninterrupted operation and absence of errors, timely correction of problems, absence of viruses, legality of use in any territories outside the territory of Ukraine.
- 7.4 By this Agreement, the Parties have determined that the Contractor does not guarantee that the Software meets the expectations and/or representations of the Customer and/or third parties.
- 7.5 Each Party acknowledges that it enters into the Agreement in reliance on representations and warranties made by the other Party and which are material to it.
- 7.6 Any other arrangements, correspondence or agreements of the Parties regarding warranties and representations shall apply to the extent not inconsistent with the Agreement.
- 7.1 Each of the Parties hereby represents and warrants to the other Party that as of the date of the Agreement and during its validity period:
RIGHTS AND OBLIGATIONS OF THE PARTIES
- 8.1 The Contractor has the right to:
- 8.1.1 determine the methods, types and forms of fulfillment of obligations under the Agreement;
- 8.1.2 engage third parties to fulfill its obligations under this Agreement in full and/or in part;
- 8.1.3 in cases where the contrary is not expressly provided for in the Agreement and/or the Annexes thereto, to determine unilaterally, out of court, the terms of the Agreement governing the relations of the Parties to the Agreement. A term of the Agreement established in this manner shall be as binding on the Parties to the Agreement as if it had been originally provided for in the Agreement itself;
- 8.1.4 collect, store, transfer to partners and use the information received in the course of providing the Services about all Customer's connections, including IP addresses, content of cookies, addresses of requested pages and other information necessary, in the Contractor's opinion, to improve the quality of the Services provided;
- 8.1.5 unilaterally change the price of the Services;
- 8.1.6 without prior notice to the Customer, delete any information posted by the Customer on the Contractor's website if the content of such information violates the current legislation of Ukraine and international law, is offensive, violates the rights and legitimate interests of other persons or contradicts this Agreement;
- 8.1.7 request from the Customer confirmation of compliance with the requirements of this Agreement, in particular, regarding the processing of personal data;
- 8.1.8 to destroy the data of the Quiz Users collected by the Customer in case of detection of facts that indicate with a sufficient degree of reliability that the requirements for personal data processing have been violated and that the legislation on personal data protection has been violated;
- 8.1.9 in case of violation by the Customer of the terms of this Agreement or applicable law, suspend the provision of the Services without prior notice to the Customer;
- 8.1.10 to suspend the provision of the Services while the Contractor or third parties perform technical work.
- 8.2 The contractor is obliged to:
- 8.2.1 provide the Customer with the Services in accordance with the terms of this Agreement.
- 8.2.2 without the Customer's instruction duly executed and in accordance with the law and (or) a request (requirement, order, etc.) of the competent authority, not to transfer to anyone other than the Customer personal data of third parties that became known to him in the course of providing the Services.
- 8.3 The customer has the right to:
- 8.3.1 demand proper fulfillment of the Contractor's obligations under the Agreement;
- 8.3.2 to get round-the-clock access to the Software in accordance with the terms of this Agreement in accordance with the selected tariff;
- 8.3.3 refuse to fulfill this Agreement in accordance with the procedure established by the Agreement.
- 8.4 The customer is obliged:
- 8.4.1 pay for the Services to the Contractor in accordance with the terms of this Agreement;
- 8.4.2 comply with the procedure for using the Website services, observe the restrictions established by this Agreement when using the Website services, including not to redirect (redirect) to pages with illegal content and information using the Website services;
- 8.4.3 not to take actions that entail disruption of the operation of the software and hardware of the Contractor's Website;
- 8.4.4 comply with the requirements of applicable law when using the Website services;
- 8.4.5 comply with the requirements of international law, the laws of the country where the Customer is located, as well as the countries from which applications are received;
- 8.4.6 in case of using the Quiz to collect personal data, fully comply with the requirements of the legislation on personal data protection, including: processing data in accordance with the stated purposes, preventing unlawful disclosure of the received personal data, ensuring that the necessary consent is obtained, etc;
- 8.4.7 to be independently liable to the Quiz Users and third parties for violations of their rights committed through the Customer's fault (both intentionally and negligently) when using the Software or when processing the data of the Quiz Users collected using the Quiz.
- 8.1 The Contractor has the right to:
CONFIDENTIALITY
- 9.1 Each of the Parties acknowledges that in the course of performing its obligations under this Agreement, it may access or find out information or obtain materials that are not publicly available or describe or relate to the other Party, its customers or third parties to whom the other Party is bound by confidentiality obligations, including materials describing or relating to the business operations, policies or procedures of the other Party, its customers or third parties, in particular methods; processes; designs or know-how, including software; computer materials, including source and object codes, data files, computer printouts, computer programs and other computer materials (regardless of the medium on which they are stored); and other information (Confidential Information). Any internal information, in whole or in part, shall be considered Confidential Information.
- 9.2 Confidential Information shall mean information received by either Party from the other Party or which has become known in connection with the performance of this Agreement, which is confidential, valuable to the respective Party and shall not be disclosed as it constitutes a trade secret and/or a commercial secret, has a real potential commercial value due to its unknown to third parties, which, except as provided for by the requirements of the law and the Agreement, may not be disclosed or otherwise brought to the attention of third parties by either Party without the written consent of the other Party.
- 9.3 The Parties agree to keep the Confidential Information confidential and undertake not to copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of such information for any purpose other than for the purpose of performing the Agreement, and to ensure that all employees and other persons engaged or otherwise involved in the performance of this Agreement by either Party comply with the same obligations.
- 9.4 Confidential Information does not include information that:
- is or will become publicly available, unless one of the Parties has disclosed the information in violation of this Agreement;
- has become known to the Party earlier, without obligations of confidentiality, with the possibility of proving it;
- is subject to disclosure in accordance with the law, legal act or provision of a regulatory act.
- 9.5 The Contractor shall not in any way use the data collected by the Customer through the Quiz, but shall only provide the computing power of the Software.
- 9.6 When using the Quiz to collect personal data, the Customer shall comply with the requirements of the legislation on personal data protection.
- 9.7 When processing personal data, the Parties shall also be guided by the Privacy Policy of the Website.
RESPONSIBILITY
- 10.1 The Parties shall be liable for non-fulfillment or improper fulfillment of their obligations under this Agreement in accordance with the laws of Ukraine and the terms of this Agreement.
- 10.2 The amount of any losses, damages or expenses that may be caused by the Contractor's failure to fulfill or improper fulfillment of its obligations may not exceed the total amount of funds received by the Contractor from the Client under this Agreement.
- 10.3 The Contractor shall not be liable for any damages (including damages in connection with lost commercial profits, business interruption, loss of information or other property damage) arising in connection with the provision of the Services, infringement of intellectual property rights of third parties, even if the Contractor has been notified of the possible occurrence of such damages.
- 10.4 In case of any claims to the Contractor by the tax authorities based on documents not provided and/or executed improperly by the Client (or through other fault of the Client), the latter shall be obliged to reimburse all expenses incurred by the tax authority to the Contractor.
- 10.5 The Customer shall be solely liable to the Quiz Users and third parties for violations of their rights committed through the fault of the Customer (both intentionally and negligently) when using the Software or when processing the data of the Quiz Users collected using the Quiz. In case the Quiz Users and third parties submit to the Contractor any claims and demands regarding violations of rights committed through the fault of the Customer, the Contractor shall be entitled to demand reimbursement of all losses and expenses incurred in connection with the settlement of such claims and demands.
- 10.6 The Parties agree that payment of the amounts of losses, expenses, fines, penalties specified in this section shall be made by the Customer within 3 (three) days from the date of receipt of the request from the Contractor.
- 10.7 The Contractor shall be released from liability for non-performance/improper performance of its obligations and/or damage caused to the Customer's websites if the non-performance/improper performance and/or damage is the result of force majeure circumstances of a man-made nature (accidents, failures in the operation of power, electrical, computer networks or other electrical communication systems), erroneous actions of the Customer, illegal actions of third parties that have caused a malfunction of the Software, the Website and/or the Customer's websites.
- 10.8 The Contractor shall not be liable for the operation of the Customer's websites, including if the operation of these websites is disrupted and/or suspended due to the use of the Services.
- 10.9 The Contractor shall be released from liability in case of complete or partial loss of the Customer's information, if such loss was caused by intentional or negligent actions of the Customer.
- 10.10 The Contractor shall not be liable for the compliance of the Website functionality and materials with the wishes, expectations or needs of the Customer, as well as for any damage or loss of profit of both the Customer and any third parties resulting from the use or inability to use the Services.
- 10.11 In the event of violations of applicable law and in the presence of relevant orders from law enforcement and other authorized state bodies and officials, the Contractor reserves the right to restrict the Customer's access to the Services by sending a notification to the Customer by e-mail or postal mail.
- 10.12 The Customer acknowledges and agrees that the Services, information materials published by the Contractor and its partners, computer programs used to provide the Services, and the design of the Website are protected by applicable law. The use and citation of these materials is allowed only with reference to the address of the Website, with the prior written consent of the Contractor.
FINAL PROVISIONS
- 11.1 This Agreement is concluded for 12 months, unless a longer term is provided for in the Annexes hereto. If neither Party wishes to terminate this Agreement, it shall be extended for another 12 months. The provision on the procedure for extending the Agreement shall be applicable an unlimited number of times.
- 11.2 The Customer undertakes not to transfer its rights and/or obligations under this Agreement to third parties, in whole or in part, without the written consent of the Contractor.
- 11.3 Either Party may refuse to perform the Agreement (terminate the Agreement) by notifying the other Party in writing not later than 30 calendar days prior to the scheduled date of termination.
- 11.4 This Agreement shall be governed by and construed in accordance with the laws of Ukraine.
- 11.5 All disputes, disagreements or claims of the Parties arising out of or in connection with this Agreement, including those related to its performance, breach, termination or invalidity, shall be resolved through negotiations between the Parties. In case of impossibility to settle the disputes in the pre-trial procedure, they shall be subject to consideration in court.
- 11.6 The pre-trial dispute resolution procedure is mandatory, and the Contractor's response to the claim shall be made within 30 working days from the date of its receipt. The claim shall be sent by the Customer by e-mail to the following address: [email protected].
- 11.7 The Parties to this Agreement shall notify each other within 3 days of any changes in the details, registration address, telephone numbers, and e-mail addresses.
- 11.8 In the event that one or more provisions of this Agreement or any other agreement concluded in connection with this Agreement become invalid or unenforceable, the Agreement shall be valid except for those provisions that have become invalid. In this case, the Parties shall be obliged to start negotiations on amending the provisions that have become invalid in such a way that, having changed them, they would comply with the legislation of Ukraine and reflect the original intentions of the Parties to the maximum extent possible.
- 11.9 The Parties to this Agreement recognize as written evidence the electronic correspondence between them using the capabilities of the website, e-mail (the Contractor's e-mail address is specified in this Agreement, the Customer's e-mail address is the Customer's e-mail address specified during registration), as well as the legal force of electronic document management, including through the electronic document management system with an electronic signature.
- 11.10 The Parties to this Agreement also acknowledge that they will exchange documents and information relevant to the performance of this Agreement via e-mail. The documents and information so transmitted shall be valid, sufficient and reliable for the Parties in determining their mutual rights and obligations.
- 11.11 By entering into this Agreement, the Customer expresses its full and unconditional consent to receive SMS messages and e-mails with information about the cooperation of the Parties, advertising information and other information.
ADDRESS AND REQUIREMENTS OF THE CONTRACTOR
INDIVIDUAL ENTREPRENEUR SOGOMONYAN ARTUSH KARENOVICH
RNOTRC: 3317615037
Address: 61000, Kharkiv region, Kharkiv, Chernyshevska str., 34
Contact tel. +38 (067) 884 62 26
E-mail address: [email protected].