Limited liability company WEBO (WEBO LLC), hereinafter referred to as the "Contractor", represented by General Director acting on the basis of the Charter, proposes to conclude a contract for the use of the hardware module - the Airee Cloud service (hereinafter referred to as the Service) owned by WEBO LLC. Registration on the specified service means acceptance of the present offer - hereinafter referred to as the Offer - by you, hereinafter referred to as the "Customer", on terms and conditions and in the manner and in the amount specified in the Offer below:
Agreement on the right to use the Service
1. Terms adopted in this Agreement
1.1. Service — a hardware/software module to increase the technical availability of owned Web resources in a certain period of time. All rights to the Software module belong to WEBO LLC.
1.2. Web resource — information node, server, site or Customer service, located on the Internet.
1.3. Technical availability of the web resource — the ability to conduct a communication session with the web resource owned by the Customer.
1.4. The Cost of the Service — Appendix No. 1 to this Agreement.
1.5. Personal Area — the web interface of the Service with the ability to add and remove support for the Customer's Web resources, change contact information and deposit funds.
1.6. Personal Account — funds contributed by the Customer in the Personal Area. The presence of a Personal Account is possible provided that the Offeror's Offer is accepted.
1.7. The Contractor and the Customer are collectively referred to under the Contract of the Parties.
2. General Provisions
2.1. An unconditional acceptance of the terms of this Agreement - a public offer - is the registration of the Customer on the Service's website.
2.2. The subject of the Agreement is the provision to the Customer of the right to use the Service to increase the technical availability of its web resources in a certain period of time on the terms specified in the Cost of the Service - Appendix No. 1, which is an integral part of this Agreement. The term of use of the Service is provided in section 7 of this Agreement.
2.3. By accepting this Agreement, the Customer gives his consent to the processing of his personal data by the Contractor.
3. Rights and obligations of the Parties
3.1. Obligations of the Contractor
- 3.1.1. Grant the Customer the right to use the Service on the terms specified in the Order of Use of the Service - Appendix No. 1, and this Agreement.
- 3.1.2. For the entire period of using the Service, the Contractor assumes the responsibility for ensuring the uninterrupted operation of its equipment (availability is not less than 99.9%) involved in providing the Service, except for scheduled maintenance, emergency power outage, and work caused by malfunctions equipment or software of the Customer or not dependent on the will of the Contractor.
- 3.1.3. The Contractor shall notify the Customer by e-mail not less than 15 (fifteen) calendar days, and by posting relevant information on the official website of the company or in the Customer Account Control Panel about planned preventive works entailing the inability to use the Service.
- 3.1.4. The Contractor has the right to change the conditions for the provision of the Service (valid at the time of the conclusion of the Offer and specified in the Offer and its annex) unilaterally with mandatory notification of the Customer by e-mail to the Customer's contact address not less than 15 (fifteen) calendar days before such change.
3.2. Obligations of the Customer
- 3.2.1. In order to use the Service under this Agreement, it is timely to replenish the balance (keep the balance positive) of the Personal Account in accordance with Appendix No. 1.
- 3.2.2. Do not use the Service for sites of erotic, pornographic, obscene, extremist or otherwise inconsistent with worldwide legislation or Airee internal rules content. In the case of using the Service for the website of prohibited content, as well as for the site in respect of which the operative-search activities are conducted, WEBO LLC reserves the right to refuse to provide the Service for such a website without warning, without refunding money on the balance of the Service Personal Account.
- 3.2.3. Ensure the confidentiality of your account information (the login and password assigned to it). The risk of the consequences of loss of authorization data rests with the Customer in full.
- 3.2.4. Provide reliable information about yourself in the control panel of the Customer account. Otherwise, the Contractor has the right to temporarily refuse the Customer in using the Service under this Agreement until the Customer eliminates inaccuracies.
- 3.2.5. Observe and comply with the requirements of this Agreement.
- 3.2.6. Observe the limits of decency and public ethics in dealing with technical support within the framework of the service under this Afreement.
- 3.2.7. Make an Installment payment within 5 days after the conclusion of the contract. The setup (security) payment will be used to cover the costs on the part of the Contractor associated with connecting to the Customer's Service (setting up the Service) and paying for the Service tariffs. The installment payment is not refundable. The amount of the Installment payment is equal to the cost of 30-day service according to the chosen tariff plan.
- 3.2.8. Use the Service only as part of the business. The use of the Service for personal use is prohibited.
4.1. The Parties hereby confirm that the information they exchange in preparation and after the conclusion of this Agreement is confidential, being valuable to the Parties and not being disclosed, since it constitutes an official and / or commercial secret, has real and potential commercial value in force of its unknown to third parties, it is not freely accessible on a legal basis.
4.2. The Contractor has the right to disclose information about the Customer only on the grounds and in the manner provided for by federal laws of the Russian Federation. The Contractor has access to the Customer's information, solely for the purpose of technical provision of the Service.
5. Responsibility of the Parties
5.1. The Parties are responsible for improper performance of the Agreement in accordance with the legislation of the Russian Federation, taking into account the conditions established by this Agreement and the Cost of the Service - Appendix No. 1 to this Agreement.
5.2. The Contractor shall not be liable to the Customer:
- 5.2.1. For damage of any kind incurred by the Customer due to disclosure, loss or inability to obtain the latter's own credentials. Any person who has provided passwords and other confidential information required to identify the Customer, or who uses this data for authorization in the account control panel, is considered as his representative and acting on his behalf. Access to the Customer's account in case of loss of data required for this can be provided upon presentation of the original documents identifying it.
- 5.2.2. For lost profits and lost profits, as well as for any indirect losses incurred by the Customer during the period of use or non-use of the Service.
- 5.2.3. For the normal functioning of the Internet or its parts, as well as for their accessibility to the Customer, as the Internet is a voluntary association of various networks and resources.
- 5.2.4. For any information, goods or services received through the Internet, including if they are placed on the Contractor's own resources.
- 5.2.5. For delays, interruptions in the work and inability to fully use the Contractor's own resources, occurring directly or indirectly due to the acts or omissions of third parties and / or the inoperability of the transport information channels outside the Contractor's own resources.
5.3. The Contractor has the right to immediately suspend the provision of the Service for unlimited time in the following cases:
- 5.3.1. if, based on the reasonable opinion of the Contractor, the use of the Service by the Customer may cause damage to the Contractor and / or cause the hardware and software of the Contractor and third parties to fail;
- 5.3.2. if the Contractor receives an appropriate request or instruction from any state competent authority;
- 5.3.3. if the Customer violates clause 3.2.1 actual Agreement.
- 5.3.4. in case of violation by the Customer of clause 3.2.2 actual Agreement.
- 5.3.5. at repeated violation by the Customer of clause 3.2.6 actual Agreement.
- 5.3.6. in case of violation by the Customer of clause 3.2.8 actual Agreement.
5.4. The Contractor is not responsible for the content and availability of web resources created and maintained by the Customer.
5.5. The Contractor shall not be liable for the violation of the rights of third parties arising as a result of the Customer's actions committed using the Services provided by the Contractor.
5.6. The impossibility of using the Service for the reasons specified in clause 5.3 of this Agreement is not considered a violation of the Customer's right to use the Service and can not be considered as a violation of the Contractor's obligations under this Agreement.
6. The circumstances of force majeure
6.1. The Parties shall not be liable for delays in performance or failure to perform obligations under the Contract, if delays or non-fulfillment occurred due to force majeure circumstances. Such circumstances include: wars, military actions, insurgencies, sabotage, strikes, fires, explosions, floods or other natural disasters, the publication of federal laws of prohibitive nature.
6.2. The Parties shall not be liable for any damage, including losses, as well as expenses related to claims or claims of third parties that may arise as a result of force majeure circumstances.
7. Term and Termination of the Agreement
7.1. This Agreement is concluded for one year and comes into effect from the moment of signing (acceptance).
7.2. The term of this Agreement is automatically extended for the same period and on the same terms, if neither of the Parties declares the termination of the Agreement for 10 calendar days before the date specified in clause 7.1 of this paragraph.
7.3. Any Party may terminate this Agreement by sending another written notice thereof. If the Parties do not have any claims to each other, the Agreement shall be deemed terminated after 30 (thirty) calendar days from the receipt of the said notification.
7.4. Termination of this Agreement on any grounds does not exempt the Customer from the obligation to fulfill all monetary obligations provided for by this Treaty and / or additional Agreements to it.
7.5. All monetary obligations of the Parties, including but not limited to repayment of the Customer's indebtedness arising from the operation of the Agreement, and the return to the Customer of the amount of money not used under the Contract (minus the Installment Payment amount, clause 3.2.7), must be executed within 20 working days after termination of the Agreement.
8. Procedure for resolving disputes
8.1. In the event of any disputes or disagreements arising between the Customer and the Contractor relating to the Contract or the performance or failure of any Party to fulfill its obligations under the Treaty, the Parties shall make every effort to resolve them through negotiations between their authorized representatives.
8.2. The claim procedure for resolving disputes is mandatory. Claims are accepted in writing subject to their validity, i.e. the claim must contain a reference to the clause of this Agreement, an article of the law or other normative legal act which, in the opinion of the Customer, has violated the Performer.
8.3. The time for consideration of the claim letter is 30 (thirty) working days from the date of receipt of the last addressee.
8.4. If disputes can not be resolved through negotiations, then they are subject to resolution in the Arbitration Court of Toronto in accordance with the current legislation of Canada.
9. How to notify users
9.1. Airee reserves the right to send information (technical and news) messages to registered Users of the Service in the event of technical work on the Service, the conduct of any activities by the Service or the partners of the Service.
9.2. The frequency of news reports does not exceed 1 message per month.
9.3. The user can at any time refuse to receive any messages from the Service.
10. Final Provisions
10.1. Neither Party will transfer its rights and obligations under the Agreement without the prior written consent of the other Party.
10.2. This Agreement is made and signed in two copies, each having equal legal force, one for each of the parties. If necessary, the parties exchange copies of the Treaty on paper.
10.3. To the Contract are attached and are its integral parts: