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:
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.
2.1. 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.
3.1. Obligations of the Contractor
3.2. Obligations of the Customer
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.
5.1. 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:
5.3. The Contractor has the right to immediately suspend the provision of the Service for unlimited time in the following cases:
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.
6.1. 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.
7.1. 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.
8.1. 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.
9.1. 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.
10.1. 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: