The Service offer Contract.
QForm Company (hereinafter referred to as the Contractor) renders the services in accordance with the present Contract to any person who has applied for the service delivery (hereinafter referred to as the Customer) together referred to as the Parties.
The text of the present Contract is a public offer in accordance with article 437, paragraph 2, of the Civil Code of the Russian Federation. The proper accept of the present offer is the fulfilment of all the actions specified in the Agreement in accordance with article 438 of the Civil Code of the Russian Federation. Absolute accept of the present Agreement shall be done upon registration on the Contractor’s Website, which is considered to be an action testifying the Customer’s consent to the Contract. The Contract, concluded by the present offer accept, does not require bilateral signing.
- Main terms and definitions.
The Service – the service rendered by the Contractor within the contract.
The Contractor’s Website – a set of the Contractor’s information resources available via the Internet. A link to the site: app.qform.io.
The Price-list – a document adopted and changed by the Contractor in the manner prescribed by the Contract, and containing information on the types of services, rendered by the Contractor, their cost and ordering arrangements.
Registration - a set of the Customer’s actions, namely their data provision, initial Log-in name and Password introduction. During the registration procedure the Customer provides such data as surname, name, middle name (if any), mobile phone number and e-mail address.
The Customer – an individual or an official representative of a legal entity or a sole trader, the Internet user, the Contractor’s Website user in particular, who has accepted the offer and concluded the present Contract.
The User Account – a web-page on the Contractor’s Website, which provides the possibility to register and use the Contractor’s services.
Credentials – the Customer’s credentials, namely: surname, name, middle name (if any), login and mobile phone number.
- The subject of the Contract.
- The Contractor undertakes to provide the Customer with access to the Contractor’s services, as well as render other services related to information and computing maintenance to the Customer on a free or paid basis in accordance with the terms of the Contract. The Customer agrees to use the services provided in strict accordance with the terms of the Contract as well as to pay the Contractor for the services rendered in cases covered by the Contract.
- The necessary condition of service rendering in accordance with the present Agreement is the Customer’s acceptance, compliance and application to the Parties relations of the requirements and provisions defined by the present Contract.
- All the information posted by the Customer, including their personal data, is stored on the Contractor’s server, and the Customer agrees to publish the information by joining the present Contract.
- The service delivery protocol.
- To register in a User Account, the Customer is to fill in their full name in a special registration form and indicate their e-mail address. Optionally the Customer can fill in their date of birth and indicate gender in an additional form.
- The Contractor sends a password to the Customer’s e-mail for further use during Authorization or the Customer forms the Password on their own.
- The Customer confirms the accuracy of indicated data and the fact of registration in the User Account by entering the Password.
- The fact of Registration in the User Account means the User’s complete and unconditional acceptance of the present Contract terms from the relevant time.
- All the actions committed in the Customer’s User Account are considered to be performed by the Customer.
- The access to chargeable services rendered by the Contractor is carried out only after the User’s payment to the Contractor’s account.
- The service is deemed paid since the money has been credited to the Contractor’s account and is valid until its deposit expiration time.
- On the expiration of chargeable services render, the User may only use the free services provided by the Contractor.
- The usage of the User Account.
- Via the User Account the Customer is able to:
- Receive information on the Contractor’s services.
- Choose, connect/change the services.
- The Contractor has the right to:
- Change the list of Services in the User Account.
- Suspend, change the access procedure or terminate the Customer’s access to the User Account in case the Customer violates the terms of the present Contract, as well as in cases prescribed by the relevant legislation.
- Via the User Account the Customer is able to:
- The rights and obligations of the Parties.
- The Contractor undertakes:
- To provide the Customer with access to QForm services, including chargeable services as long as they have been paid by the Customer, as well as to input additional personal data in accordance with par. 5.3.1.
- The Contractor has the right to:
- Refuse the Customer in providing access to the User Account in case the User violates their obligations under the present Contract or in cases provided under the relevant legislation.
- Suspend the provision of chargeable services after the deposit expiration time until the Customer makes further payment in accordance with the Price-list.
- Restrict access to the User Account (inter alia by using automated systems) in order to implement the Contractor’s obligations of data protection established by the relevant legislation of the Russian Federation.
- Make changes to the User Account regarding the introduction of new services and products, as well as provide the Customer with the access to new services without prior notice.
- Unilaterally modify the terms of the present Contract without prior notice to the Customer. The older version of the Contract shall cease to have effect as soon as the new text of the Contract is posted on the website.
- The User undertakes:
- To provide reliable data during Registration and provide reliable personal Credentials as well as reliable data from a legal entity or a sole trader if the Customer acts on their behalf, when using the User Account. If necessary, to use the Contractor’s chargeable services – to fill in a form with additional data of the Customer and to pay for the services in accordance with the Price-list available on app.qform.io website.
- To perform actions in the User Account on behalf of a legal entity or a sole trader only if there is a power of attorney, which has been issued by these persons before the actions in the User Account. A power of attorney to represent the interests of a legal entity or a sole trader must be provided by the Customer no later than 3 (three) working days from the date of receipt the Contractor’s request by e-mail.
- To ensure the safety of Password information and the information contained in the User Account. When using the User Account, until the Contractor receives information from the Customer on the confidentiality policy violation, all the actions and documents performed and sent via the User Account, notwithstanding that the actions have been performed by other persons, are considered committed by the Customer. In this case, the rights and obligations, as well as liability, arise with the Customer.
- To be responsible for all the actions performed via the User Account after the Customer’s registration in the User Account.
- In cases of using the QForm service software product chargeable version not to collect information on the website users unless it is provided by personal data policy accepted by the Contractor for their operations and posted in the public domain on app.qform.io or fulfils the requirements of the Federal Act of 27.07.2006 N 152 “On Personal Data”.
- To be liable for any violation of obligations established by the present Contract as well as for all the consequences of such violations (including any loss or damage the Contractor may incur).
- Not to use the User Account services for the actions contrary to the relevant legislation.
- To monitor the Contractor’s amendments to the Contract independently and take measures to comply with the conditions contained therein.
- The Customer has the right to:
- Use the User Account in accordance with the terms of the present Agreement.
- The Contractor undertakes:
- Personal data.
- The Customer consents to the Contractor to automated and non-automated processing of the personal data, provided by the Customer during the registration on the Website and while using the User Account as well as to the personal data processing by the third parties on behalf of the Contractor.
- The operator processes personal data in accordance with the relevant legislation including the requirements of the Federal Act of 27.07.2006 N 152 “On Personal Data”.
- The Customer is responsible for the Password information disclosure and for the third parties’ access to the information contained in the User Account.
- The Customer undertakes to compensate the Contractor for losses incurred by the Contractor due to the Customer’s non-compliance with the present Contract including the amount of liability imposed on the Contractor by the public authorities.
- The Contractor shall not be liable for the losses incurred by the Customer as a result of the Customer’s Credentials and Password disclosure by the third parties if they are not caused by the Contractor. If any person, apart from the Customer, is authorized in the User Account using the Customer’s Password all their actions are considered to be committed by the Customer. The Customer is solely responsible for all their actions performed in the User Account as well as for all the actions performed in the User Account by any other persons using the Customer’s Password.
- The Contractor is not liable for the losses caused by the Customer to the third persons as a result of the Registration and the User Account usage.
- The Contractor shall not be liable for non-performance or improper performance of obligations under the Contract as well as possible losses incurred including, but not limited to, as a result of:
- the Customers’ illegal actions aimed at information security violation or the Website functioning;
- the Internet connection absence (impossibility to establish, terminate, etc.) between the Customer’s and the Contractor servers;
- other causes related to the Customers’ and/or other entities’ actions (inactions) aimed at general situation worsening by using the Internet and/or computer equipment that existed at the time of the Contract conclusion as well as any other actions directed to the Contractor’s Website;
- performing preventive/technical works.
- The Contractor reserves the right, at their own discretion, as well as upon the information receipt from other users or third parties about the Customer’s violation of the present Contract, to suspend, restrict or terminate the Customer’s access to the User Account at any time, for any reason or without any reason being given, with/without prior notification, being not liable for any harm, which may be caused by such an action.
- The Contractor reserves the right to remove the Customer’s User account and/or terminate the Customer’s access to any of the services on the Contractor’s website if they find out that, in their opinion, the Customer poses a threat to the Contractor’s website or to the persons specified by the Customer as those, whose interests they represent. The site administration is not liable for temporary blocking or deletion of information carried out in accordance with the present contract as well as for the Customer’s User Account removal (termination of Registration). The Customer’s User Account removal means automatic deletion of all information posted on it. After the User Account removal, the Customer loses the right to the User Account access.
- None of the Parties shall be liable for the full or partial failure to perform any of their duties if the failure is the result of such circumstances as floods, fires, earthquakes, other natural disasters, wars or hostilities and other force-majeure circumstances which arose after the Contract conclusion and are beyond the control of the Parties.
- The Dispute Resolution Procedure.
- In case of disputes between the Customer and the Contractor on issues related the performance of the Contract, the Parties will take all measures to resolve them through negotiations. Claim procedure for dispute resolution is mandatory. The Customer can send a claim to the Contractor’s e-mail address specified in par. 9.2 of the present Contract.
- All the disputes between the Parties shall be resolved through negotiations. If the agreement is not reached, the dispute is handled by the arbitral tribunal of Orenburg region or, in case the Customer is an individual, not registered as a sole trader – by the regional court according to the Contractor’s residence.
- Other conditions.
- The Customer agrees to receive informational and advertising messages and documents on his e-mail and mobile number.
- The Contractor’s e-mail address for claims, statements, etc. to be sent is: [email protected] for the Customer: the e-mail address indicated by the Customer when gaining access to the User Account.
- If any Contract provisions are recognized invalid or not enforceable by the court, it does not entail the invalidity of other Contract provisions.
- In cases, not regulated by the Contract, the Parties are guided by the valid legislation of the Russian Federation.
- The present Contract shall enter into force upon the Customer’s accept of the present offer and is concluded for an undefined period of time.
- If, after registration, the Customer, or the person whose interests the Customer represents, does not agree with the terms of the present Contract or with the terms of the Contract in a new version published by the Contractor on the Website, they should contact the Contractor at the address specified in par. 9.2 of the present Contract to block the Customer’s User Account. Otherwise, continuing to use the Website signifies the Customer’s or the person’s whose interests are represented, acceptance of the Contract terms.
- The issues not regulated by the present Agreement shall be resolved in accordance with the legislation the Russian Federation.
- The Customer confirms awareness of all the Contract provisions, understands and accepts them.