paid provision of services in the field of information technology
This Public Agreement (hereinafter referred to as the "Agreement") defines the procedure for the provision of services in the field of information technology, as well as mutual rights, obligations and the procedure for the relationship between Limited Liability Company "Timedia", hereinafter referred to as the "Contractor", represented by Director Yurchuk D.V., acting on the basis of the Charter, and the customer of services, hereinafter referred to as the "Customer", who has accepted (accepted) the public offer (offer) to conclude this Agreement.
Definitions used in this Agreement
1.1. The Internet is a set of interconnected international data transmission networks based on the use of a set of TCP / IP protocols and using a single address space.
1.2. Website - information (a system of web pages) posted on an information and telecommunications network at certain network addresses (Uniform Resource Locator - URL), in conjunction with a set of exclusive rights (for domain names, databases and programs for electronic computers) , the implementation of which provides access to such information.
1.3. Registration on the Contractor's website - filling in and sending the registration form on the Contractor's website.
1.4. Customer's personal account (Personal account) - a page on the Contractor's website, to which only a registered user has access, on which the Customer can create an Application for the provision of the Service and control his orders (Applications) or order the Service at a rate with a recurring (automatic) payment.
1.5. The Contractor's software complex is a set of modules, algorithms and mechanisms developed by the Contractor for the website.
1.6. Website revision is the introduction of changes to the code or design of the website or other work related to the website, according to the Customer's application.
1.7. Content management system - site software used to provide and organize the process of creating, editing and managing text and multimedia documents on a website.
1.8. Application (appeal) - a written, oral or electronic message from the Customer, duly submitted to the Contractor, as well as sending the form in the Customer's personal account.
1.9. Contractor's site - sites owned by the Contractor, as well as third-party sites that the Contractor uses to provide services to the Customer and sites on which the Customer's Personal Account is located. These are: teamedia.co.
Subject of the Agreement
2.1. Under this Agreement, the Contractor undertakes, at the request of the Customer, to provide services in the field of information technology, and the Customer undertakes to pay for these services.
2.2. The Contractor has the right to involve third parties to fulfill its obligations under this Agreement, as well as to use the services / works of third parties that ensure the possibility of providing the Services provided for in this Agreement.
2.3. The list of Services that must be provided under this Agreement, the period for the provision of the Services and other conditions determining the procedure for the provision of Services, as well as other information essential for the provision of Services, are indicated in the request for payment for the services ordered by the Customer (invoice or receipt for payment or an independently selected tariff in the Personal Account) set by the Contractor for payment by the Customer.
2.4. The place of rendering services under this agreement is the place where Customer is registered.
Procedure for concluding a contract
3.1. This Agreement is a public agreement (Article 396 of the Civil Code of the Republic of Belarus), according to which the Contractor assumes the obligation to provide the Services in relation to an indefinite number of persons (Customers) who have applied for the specified Services.
3.2. The publication (placement) of the text of this Agreement on the website at the following address: https://teamedia.co/agreement is a public offer (offer) of the Contractor addressed to an indefinite circle of persons to conclude this Agreement (clause 2, article 407 of the Civil Code of the Republic of Belarus ).
3.3. The conclusion of this Agreement is made by joining the Customer to this Agreement, i.e. through acceptance (acceptance) by the Customer of the terms of this Agreement as a whole, without any conditions, exceptions and reservations (Article 398 of the Civil Code of the Republic of Belarus).
3.4 The fact of acceptance (acceptance) by the Customer of the terms of this Agreement is registration on the Contractor's website and (or) payment by the Customer for the Services ordered by him in the manner and under the conditions specified in this Agreement (clause 3 of Article 408 of the Civil Code of the Republic of Belarus), or
the subscriber of any actions that indicate his agreement with the terms of this Agreement, including, but not limited to, sending (including by e-mail) an application for the provision of Services, an application in the Customer's personal account, providing a letter of guarantee, signing a deed of delivery - acceptance of services, etc.
3.5 This Agreement, subject to the procedure for its acceptance, is considered concluded in a simple written form (clause 2, clause 3 of article 404 and clause 3 of article 408 of the Civil Code of the Republic of Belarus).
Rights and obligations of the parties
4.1. The Contractor undertakes:
4.1.1. Provide the Customer with Services in the amount and within the terms agreed by the parties to this Agreement (hereinafter referred to as the "Parties") and specified in the documents for payment for the Services, issued by the Contractor for payment by the Customer or ordered by the Customer in the personal account;
4.1.2. provide the Customer during working hours (from 10-00 to 18-00, except weekends and official public holidays), consultations on issues arising from the Customer in connection with the execution of this Agreement;
4.1.3. ensure the confidentiality of information provided by the Customer, except in cases where the provision of access to such information for third parties is mandatory by virtue of the requirements of the legislation of the Republic of Belarus.
4.2. The contractor has the right:
4.2.1. refuse to provide the Customer with the Services under this Agreement and terminate this Agreement unilaterally if he considers that the nature or content of posted materials, files, etc. The customer violates the current legislation of the Republic of Belarus, is offensive, violates the rights and legitimate interests of other persons, or contradicts this Agreement.
4.3. The customer undertakes:
4.3.1. comply with the terms of this Agreement, as well as pay the Contractor for the Services in the manner, amount and within the timeframes specified in this Agreement;
4.3.2. ensure the safety and confidentiality of information received from the Contractor (links, access names and passwords, mobile phone numbers of the Contractor's specialists, etc.);
4.3.3. fill out an application for the provision of Services under this Agreement, correctly and reliably indicating all the necessary data. The procedure for filing an application is determined in clause 13.5 of this Agreement.
4.4. The customer has the right:
4.4.1. require the Contractor to fulfill the terms of this agreement;
4.4.2. receive from the Contractor during working hours (from 10-00 to 18-00, excluding weekends and official public holidays), consultations on issues arising in connection with the provision of Services for the Customer.
Cost of services, terms and procedure for payment for services
5.1 The cost of the Services provided under this Agreement is determined based on the volume, nature and duration of services based on the Customer's application, created in the Customer's personal account or in another way specified in this Agreement and is recorded in the invoice, which is a price agreement protocol.
After receiving a duly completed application for the provision of the Services, the Contractor within 7 working days issues an invoice to the Customer for the provision of the service, or notifies the Customer about the impossibility of providing the Services specified in the application. Failure to send an invoice to the Customer is also recognized by the Parties as notification of the impossibility of providing the Services.
5.3 The Customer, on the basis of the invoice issued by the Contractor for payment of the Services, is obliged to pay them in the manner and time specified in the invoice.
5.4 Payment for the ordered Services without receiving confirmation from the Contractor about the possibility of providing the Services (by issuing an invoice to pay for the ordered Services) is not allowed.
5.5 Customers who are legal entities pay for the ordered Services by wire transfer of funds to the account of the Contractor in accordance with the data and details specified in the invoice issued.
5.6. Customers who are individuals pay for the ordered Services by bank or postal money transfer to the account of the Contractor or pay through a payment card. Payments by payment cards are made with the 2checkout service (2Checkout Inc.).
5.7. The Customer can pay for the renewal of the Service Agreement by making recurring (automatic) payments. To do this, when making the first payment, the Customer confirms that he wants to make recurring (automatic) payments and indicates the details of the plastic card with which such a payment will be made. When choosing this method of payment, 10 days before the end of the term for the provision of the Service, money is automatically transferred from the Customer's card for the next period of the provision of Services at the tariffs in force for the corresponding Service at the time of payment, and the Agreement is extended
for a new period. The customer can at any time before the payment refuse to carry out a recurring (automatic) payment, notifying the Contractor about this through the Personal Account.
If the recurrent (automatic) payment for any reason did not go through, the Customer is notified by e-mail and, if he wishes to use the Service in the future, he must make the payment in a different way.
5.8. Payment for the ordered Services without receiving confirmation from the Contractor about the possibility of providing the Services (by submitting a request to pay for the ordered Services) is not allowed, except for recurring (automatic) payments in the manner described in clause 5.7. actual agreement.
Service delivery-acceptance procedure
6.1. The provision of Services under this Agreement for Customers who are legal entities is confirmed by an Acceptance Certificate for the services rendered, which is sent by the Contractor to the Customer within five calendar days from the date of provision of the service by e-mail, through a personal account or by post.
6.2. The customer is obliged, within five calendar days from the moment of sending him the Acceptance Certificate of the services rendered, to sign it and send to the Contractor a scan of the signed act by electronic communication, and the original of the signed act in 2 copies by mail, or provide written reasoned objections to its signing and send it by post to the Contractor.
6.3. The Customer agrees that if, within 5 (five) working days from the date of sending him the Certificate of Services Rendering, he does not declare any written claims for the services provided by the Contractor or does not return the signed copy of the Act to the Contractor, this will be considered as complete and the unconditional consent of the Customer that the services were provided by the Customer in a timely manner, in full and in a proper manner.
6.4. The provision of Services under this Agreement for Customers who are individuals is confirmed by the absence of written justified claims against the Contractor submitted by the Customer within five calendar days from the date of provision of services. The customer is informed about this through his personal account, email, or other means of communication. At the initiative of the Contractor, the parties can conclude a bilateral act of acceptance of services, in which case the date of acceptance will be the date of signing of the act.
6.5. After the expiration of the period specified in clause 6.2, clause 6.4. Customer's claims regarding deficiencies in services, including in terms of quantity (volume), cost and quality, are not accepted.
Responsibility of the parties
7.1 For non-fulfillment or improper fulfillment of its obligations under this Agreement, the guilty Party shall be liable in accordance with the current legislation of the Republic of Belarus, taking into account the specifics established by this Agreement.
7.2 If the Customer does not provide the necessary materials for the provision of the Services, the Contractor has the right to refuse to execute this agreement, and the Customer pays the Contractor a fine in the amount of 10 (ten) percent of the cost of the Services that were to be provided.
7.3. The Contractor is not responsible for the provision of services for indirect / indirect losses and / or lost profits of the Customer and / or third parties.
7.4. The Contractor is not responsible for the provision of services for non-compliance of services with commercial purposes and / or the expectations of the Customer.
7.5. If the Customer does not pay for the services of the Contractor within the time specified in this Public Agreement or established in the additional agreement of the Parties, at the request of the Contractor, the Customer undertakes to pay a penalty at the rate agreed by the Parties of 0.2% of the cost of unpaid services for each day of delay in payment starting from the tenth calendar day from the moment of the beginning of the provision of services and ending with the day of payment.
7.6. The Contractor is not responsible for the content of the materials provided by the Customer, as well as for the content of the information posted on the Customer's information resources.
7.7. The Contractor is not responsible and does not give any explicit or implicit guarantees (including guarantees of observance of rights or suitability for specific purposes) for any information, product or service distributed by the Customer or third parties via the Internet, including if they posted, offered or distributed on the Customer's own information resources.
of this Agreement unconditionally agree that the maximum amount of losses that can be recovered from the Contractor is limited to the amount of Services paid by the Customer, failure to perform or improper performance of which resulted in the infliction of losses.
7.9 The customer is solely responsible for any actions taken by him in the process of using the Internet, information resources or services of the Contractor, as well as for the consequences of such actions.
7.10 The Customer is solely responsible for any, including unauthorized, actions of third parties that occurred due to the Customer's failure to comply with the confidentiality of his credentials or other information of a closed nature, as well as for the consequences of such actions.
7.11 The Customer independently bears full responsibility for possible violations of copyright, trademarks, as well as compliance with other legislation of the Republic of Belarus related to the fact of posting the Customer's materials on the Internet.
7.12 The Customer reimburses the Contractor for any losses incurred by the Contractor in connection with the Customer's failure to comply with the requirements of the legislation of the Republic of Belarus.
Force majeure circumstances
8.1 The Parties are released from liability for partial or complete failure to fulfill their obligations under this Agreement if this was the result of force majeure circumstances (force majeure) that arose after the conclusion of this Agreement as a result of extraordinary events that the Parties could neither foresee nor prevent reasonable measures.
8.2 Force majeure circumstances include events that a Party cannot influence and for the occurrence of which it is not responsible, such as: war, uprising, strike, earthquake, flood, fire, severe weather or other natural disasters, government regulations, orders (decrees) of state bodies and officials, laws and other normative acts of competent bodies adopted after the acceptance of this Agreement and making it impossible to fulfill the obligations established by this Agreement, as well as actions of state or local government and administrative bodies or their representatives, preventing the fulfillment of the terms of this Agreement, and other unforeseen circumstances, including malfunctions in the city power grid, technical problems at transit nodes of the Internet and other disruptions in the functioning of data transmission networks outside the sphere of influence of the Parties, but not limiting being indicated.
8.3 In the event of force majeure circumstances that prevent the fulfillment of obligations under this Agreement, the period for the Parties to fulfill such obligations is postponed in proportion to the duration of such circumstances, as well as the time required to eliminate their consequences, but not more than sixty calendar days.
8.4 If the force majeure circumstances continue to operate for more than the period specified in clause 8.3 of this Agreement, or when, upon their occurrence, it becomes obvious to both Parties that the circumstances will be valid for more than this period, the Parties undertake to discuss the possibilities of alternative methods of execution of this Agreement or its termination no compensation for damages.
8.5. In the event that force majeure circumstances last more than sixty days, each Party has the right to refuse to execute this Agreement unilaterally out of court, notifying the other Party in writing. At the same time, the cost of services provided by the Contractor as of the date of termination of the Agreement shall be unconditionally paid by the Customer.
Notices and notifications
9.1 The Parties agree that they unconditionally recognize the legal force of the texts of documents received via communication channels (e-mail) on an equal basis with documents executed in simple written form on paper, except for cases when paperwork is mandatory due to the requirements of this Agreement ...
9.2 The Parties unconditionally agree that all correspondence, notifications and notifications received to the e-mail addresses indicated in this Agreement as the details of the Parties are considered delivered to the addressee in proper form.
9.3 The Parties are obliged to timely check the correspondence arriving at their e-mail addresses.
9.4 All risks associated with the occurrence of adverse consequences due to non-compliance with the requirements of clause 9.3 of this Agreement shall be borne by the Party that committed such a violation.
The term of the contract and the procedure for its termination
10.1 This Agreement is considered concluded from the moment the funds paid by the Customer in payment for the ordered Services are credited to the Contractor's account in accordance with the invoice issued to him for payment of the order.
10.2 This Agreement is valid for an indefinite period up to its termination in the manner prescribed by this Agreement.
10.3 This Agreement may be terminated:
10.3.1 by agreement of the Parties;
10.3.2 unilaterally at the initiative of the Contractor in accordance with clause 4.2.1 of this Agreement;
10.3.3. This Agreement may be terminated in the manner prescribed by the legislation of the Republic of Belarus.
10.4 The Customer unconditionally agrees that in case of termination of this Agreement in accordance with clause 10.3.1 or clause 10.3.2 of this Agreement, he loses the right to demand from the Contractor the return of any amounts paid for the Services, even in if the term of these Services has not yet expired.
The procedure for making changes and additions to the contract
11.1 Changes and / or additions to this Agreement are made unilaterally by the decision of the Contractor.
11.2 Changes and / or additions made by the Contractor to this Agreement on its own initiative shall enter into force no earlier than the next day after their publication on the official website of the Company at the following address: https://teamedia.co/agreement
11.3 Changes and / or additions made by the Contractor to this Agreement in connection with changes in legislation come into force simultaneously with the entry into force of changes in these acts of legislation.
11.4 The text of changes and / or additions to this Agreement, or its new version, is brought to the public by the Contractor by posting (publishing) the relevant information on the official website of the Contractor at the following address: https://teamedia.co/agreement.
11.5 In case of disagreement with the changes and / or additions made, the Customer has the right, within 10 working days from the date of entry into force of the changes and / or additions, to terminate this Agreement in accordance with clause 10.3.3. of this Agreement by notifying the Contractor about it in writing.
11.6 A notice of termination of this Agreement is also recognized as any written notification of the Customer, drawn up on paper, about disagreement with the changes and / or additions made, or about not joining the new version of this Agreement or refusing to comply with its terms.
11.7 The Parties unconditionally agree that silence (absence of written notifications of termination of this Agreement, or of disagreement with certain provisions of this Agreement, including a change in the price list for the Services) is recognized as consent and adherence of the Customer to the new edition of this Agreement (cl. 3 article 159 of the Civil Code of the Republic of Belarus).
Settlement of disputes
12.1 All disputes and disagreements related to this Agreement, the Parties undertake to resolve through negotiations.
12.2 If the Parties fail to resolve all disputable issues in the manner prescribed by clause 12.1 of this Agreement, all disputes arising from this Agreement, including those related to its conclusion, change, termination, execution, invalidity shall be resolved in court in in accordance with the legislation of the Republic of Belarus.
13.1 The Parties unconditionally agree that this Agreement is concluded at the address of the Contractor's office.
13.2 By entering into this Agreement, the Customer hereby declares that:
13.2.3 the information provided by him when placing an order for the provision of the Services is complete and sufficient for the provision of the Services;
13.2.4 Customer realizes and agrees that some of the information that he provided when placing an order for the provision of Services may be available to third parties, due to the requirements of the legislation of the Republic of Belarus.
13.3 If any of the terms of this Agreement becomes invalid, is recognized as illegal, or is excluded from this Agreement, this does not entail the invalidity of the remaining terms of this Agreement, which will remain in force and are binding on all Parties.
13.4 All issues not regulated by this Agreement are resolved in accordance with the current legislation of the Republic of Belarus, as well as the local regulatory documents of the Contractor, subject to their compliance with the current legislation of the Republic of Belarus.
13.5. The procedure for the Customer's submission of the application to the Contractor:
13.5.1. Application form:
220.127.116.11. in electronic form to the details of the Contractor (email specified in this Agreement or on the Contractor's website, the feedback form on the Contractor's website);
18.104.22.168. by mail and fax.
13.5.2. Inquiries through other channels (in particular, messengers, phone, Skype) are not official requests. Such means of communication are considered only as a means of personal communication and general consultation.
13.5.2. The application for the provision of services under this Agreement must include
Post the following information:
22.214.171.124. Customer details - in part or in full (organization name, website domain name, full name and position of the contact person, telephone, email, bank details).
126.96.36.199. The text of the application, which describes the service provided in maximum detail.
13.6. Documents relating to the execution of the terms of this agreement signed by the parties and transmitted by facsimile or electronic communication have the legal force of the originals for the parties
Details of the parties
14.1 The Parties unconditionally agree to read the information specified by the Customer when placing an order for the provision of the Services under the details of the Customer.
14.2 Details of the Contractor:
Limited Liability Company "Timedia"
Legal address: 220035, Belarus, Minsk, st. Timiryazeva,67- 302