1.1 The terms and definitions used in this Agreement shall have the following meaning:
Advertising Services – placement of Advertising Materials provided by Consumers on the Internet on the Information Resources of the Enterprise and/or third parties;
Advertising materials – any information of advertising nature (banners, hypertext links, press-releases, articles, custom surveys, other services, performing advertising functions), provided by Customer in order to place it on the Information resources of the Company and/or third parties;
Information resources of the Company – Internet resources located in the Internet, owned or used by the Company on the basis of contracts for the purpose of paid advertising services;
Company’s advertising network – system of displaying Advertising materials on the information resources owned by third parties, in respect of which the owners of these information resources authorized the Company to place the Consumers’ Advertising materials on their information resources;
Banner Advertising (banners) – information of advertising nature, presented in the form of a graphic image of a certain size (resolution), containing hypertext links, allowing visitors of information resources to go to a new information resource specified by the Consumer.
Consumer shall mean a natural person who has entered into this contract.
2.1 Enterprise undertakes to provide services to the Consumer: posting promotional materials on the site kamneobrabotka.com (hereinafter referred to as “Services”), and the Consumer undertakes to accept the Services provided by the Enterprise and pay for them in accordance with the procedure and on the terms defined in this Agreement.
2.2 The Enterprise has the right to engage third parties to perform its obligations under this Agreement, as well as to use the services / works of third parties to enable the provision of the Services under this Agreement.
2.3 List of Services to be provided under this Agreement, period of providing Services and other conditions defining the procedure of providing Services, as well as other information that is essential for providing Services shall be specified in the request for payment for Services ordered by the Consumer (invoice or receipt of payment), issued by the Enterprise for payment by the Consumer.
3.1 This Agreement shall be a public contract (Article 396 of the Civil Code of the Republic of Belarus) under which the Enterprise assumes the obligation to provide services to an indefinite number of people (Consumers) who have applied for those services.
3.2 Publication (posting) of the text of this Agreement on the website at the following address: kamneobrabotka.com/public is a public offer (offer) of the Enterprise to the indefinite circle of persons to conclude this Agreement (Section 2 of Article 407 of the Civil Code of the Republic of Belarus).
3.3 Conclusion of this Agreement is performed by means of accession of the Consumer to this Agreement, i.e. by means of acceptance (acceptance) by the Consumer of the terms of this Agreement as a whole, without any conditions, exceptions and reservations (art.398 of the Civil Code of the Republic of Belarus).
3.4 Acceptance by the Consumer of the terms and conditions of this Agreement shall be deemed to be payment by the Consumer for the Services it has ordered in the manner and on the terms and conditions defined in this Agreement (Article 408, paragraph 3 of the Civil Code of the Republic of Belarus).
3.5 this Agreement, subject to compliance with the procedure of its acceptance, shall be considered concluded in a simple written form (Article 404, Clause 2, 3 and 3 of Article 408 of the Civil Code of the Republic of Belarus).
4.1. the Enterprise undertakes:
4.1.1. provide Services to the Consumer in the amount and within the time limits agreed by the parties to this Agreement (hereinafter referred to as the “Parties”) and specified in the request for payment for the Services ordered by the Consumer (invoice or receipt for payment) issued by the Enterprise for payment by the Consumer;
4.1.2. provide a possibility to place the Customer’s provided Advertising materials on the Enterprise’s Information resources and/or the Enterprise’s Advertising network and ensure their availability on the Internet during the period specified in the request for payment for the ordered Services;
4.1.3. during the working hours (from 9 a.m. to 9 p.m., except the weekends and official public holidays) provide the Customer with consultations by phone and / or e-mail on the issues that arise with the Customer in connection with the provision of the Services;
4.1.4. ensure confidentiality of the information provided by the Customer, except for cases when provision of access to such information to third parties is a necessary condition for provision of the Services or is mandatory by virtue of the legislation of the Republic of Belarus.
4.2 The Enterprise has the right to:
4.2.1. to suspend or terminate the provision of the Services, or to terminate this Agreement unilaterally, in case the Consumer fails to fulfill its obligations under this Agreement;
4.2.2. delete any information of the Consumer placed on the Information resources of the Enterprise and/or the Enterprise’s Advertising network, if the Consumer fails to pay for the ordered Services;
4.2.3. refuse to place the Consumer in the Information resources of the Enterprise and/or Enterprise’s Advertising network if it considers that the nature or content of these materials violates the current legislation of the Republic of Belarus, is offensive, violates the rights and legal interests of others or contradicts the present Agreement;
4.2.4. keep the information about all connections of the Customer to information and technical resources of the Enterprise, including IP-addresses, cookies and addresses of requested pages if such information was received in the course of rendering the Services;
4.2.5. not to accept for consideration the Customer’s claims submitted with the lapse of time, within which such claims may be presented (Clause 4.3.6 of this Agreement);
4.2.6. to change the technical characteristics and parameters of software and hardware, involved in the provision of the Services, on a scheduled or unscheduled basis, if such changes are aimed at supporting the performance of software and hardware or to improve their functioning, including with a temporary (up to two days) suspension of the provision of the Services.
4.3 The Consumer undertakes:
4.3.1. to comply with the terms and conditions of this Agreement, and to pay the Enterprise for the Services ordered in the manner, amounts and within the time limits specified in this Agreement;
4.3.2. provide necessary Advertising materials to the Enterprise in due time.
4.3.3. provide copies of licenses to the Enterprise if the Consumer’s activities are subject to licensing, copies of certificates if goods subject to certification are advertised, as well as positive opinions of authorized bodies in case of advertising goods (works, services) for which relevant permits are required (medicine, medical services, employment abroad, etc.)
4.3.4. not to perform activities within the framework of the Services in any way aimed at:
4.3.5. ensure the safety and confidentiality of the company’s information (references, names and passwords, cell phone numbers of the company’s specialists, etc.) received from the company;
4.3.6. notify the Enterprise in writing in case of any complaints about the Services rendered by the Enterprise within twenty-four hours from the moment when the Consumer became aware or should have become aware of non-performance or improper performance of the accepted obligations under this Contract;
4.3.7. in case of claims to the Enterprise by third parties, provide the Enterprise with documents and other evidence confirming the Consumer’s copyright to the Advertising Materials.
4.4 The Consumer has the right to:
4.4.1. to demand from the Enterprise the proper provision of the Services;
4.4.2. receive from the Company during its working hours (from 9 a.m. to 9 p.m., except weekends and official public holidays) consultations by phone and/or by e-mail on the issues that arise in connection with provision of Services;
4.4.3. terminate this Agreement in case of:
5.1 The cost of Services rendered under this Agreement shall be determined based on the scope, nature and duration of Services ordered by the Customer, in accordance with the Price lists approved by the Enterprise and in effect at the time of demand for payment for the Services ordered.
5.2 The price lists in force at the time of the request for payment for the ordered Services are an integral part of this Agreement.
5.3 The Consumer on the basis of the claim for payment for the ordered Services issued by the Enterprise shall be obliged to make their payment in the order of 100% prepayment within five working days from the date of its issuance.
5.4 Payment for the ordered Services without receiving confirmation from the Enterprise about the possibility to provide the Services (by issuing a request for payment for the ordered Services) is not allowed.
5.5 Consumers shall pay for the ordered Services through ERIP, current account.
5.6 The money paid by the Consumer in payment for the Services shall not be returned to the Consumer, except for the cases when the Services were not provided due to the fault of the Enterprise. 6.
6.1 Provision of Services under this Agreement to the Consumers shall be confirmed by the fact of consumption by the Consumer of the Services rendered to him and by the absence of written claims by the Consumer regarding the Services rendered by the Enterprise.
7.1 The Party at fault shall be held liable for its failure to perform, or improper performance of its obligations under this Agreement in accordance with the applicable legislation of the Republic of Belarus, subject to the particulars set forth in this Agreement.
7.2 The Enterprise shall be exempted from liability for damages, directly or indirectly incurred by the Consumer as a result of full or partial consumption or lack of ability to consume the Services in the following cases
7.2.1. if losses are caused in connection with replacement, repair or adjustment of equipment, software or other work caused by the need to maintain the operability or improvement of the software and hardware of the Enterprise, provided that the Consumer is notified at least one day in advance;
7.2.2. if the losses are caused by the actions or omissions of the third parties or due to the failure of telecommunication channels, data transmission networks, information resources or services, as well as accidents (malfunctions) in power or computer networks, which are beyond the Enterprise’s own resources or the functioning of which the Enterprise has no opportunity to influence;
7.2.3. if the losses are caused by errors or harmful components in the software used on the Company’s servers or other Internet servers, as well as in the software used by the Customer;
7.2.4. if losses are caused by the Customer’s failure to maintain the confidentiality of its accounting data or other information of a private nature, as well as due to unauthorized access of third parties to technical or information resources of the Customer.
7.3 The Enterprise is not responsible for the content of the Customer’s Advertising materials, as well as for the content of the information posted on the Customer’s information resources.
7.4 The Enterprise is not responsible and does not give any explicit or implicit warranty (including warranty of rights or suitability for specific purposes) for any information, goods or services, distributed by the Consumer or third parties via the Internet, including if they are posted, offered or distributed in the Enterprise’s own information resources.
7.5 The parties of this Agreement unconditionally agree that the maximum amount of losses, which can be recovered from the Enterprise, is limited by the amount of paid by the Customer Services, which non-performance or improper performance caused losses.
7.6 Limitation of liability of the Enterprise, stipulated by clause 7.5 of this Agreement, cannot be applied in cases when
7.6.1. the amount of liability for this type of obligations or for this violation is determined by the legislation of the Republic of Belarus;
7.6.2. non-fulfillment or improper fulfillment by the Enterprise of its obligations under this Agreement is a consequence of its direct intent.
7.7 The Consumer shall be solely responsible for any actions taken by it in the process of using the Internet, information resources or services of the Enterprise, as well as for the consequences of such actions.
7.8 The Customer shall be solely responsible for any, including unauthorized, actions of third parties that have taken place due to the Customer’s failure to keep their credentials or other classified information confidential, as well as for the consequences of such actions.
7.9 The Customer is solely responsible for possible violations of copyright, trademarks and other legislation of the Republic of Belarus related to the fact of placement of the Customer’s Advertising materials in the Internet information resources of the Enterprise and/or the Enterprise’s Advertising network.
7.10. The Customer shall reimburse to the Enterprise any losses incurred by the Enterprise in connection with placement of the Customer’s Advertising materials on information resources of the Enterprise and/or the Enterprise’s Advertising network, the content of which is contrary to the legislation of the Republic of Belarus.
8.1. the Parties shall be excused from responsibility for partial or full failure to perform their obligations hereunder if it was the result of a force majeure arising after the conclusion of this Agreement as a result of extraordinary events, which the Parties could neither foresee nor prevent by reasonable measures.
8.2 Force majeure events are events on which the Party can not influence and for the occurrence of which it is not responsible, such as: war, rebellion, strike, earthquake, flood, fire, severe weather conditions or other natural disasters, government regulations, orders (decrees) of public authorities and officials, laws and other regulatory acts of competent authorities, adopted after acceptance of this Contract and making it impossible to perform the obligations established by this Contract.
8.3 Upon the occurrence of force majeure circumstances that prevent the performance of obligations under this Agreement, the period of performance of such obligations by the Parties shall be postponed in proportion to the time of such circumstances, as well as the time required to eliminate their consequences, but not more than sixty calendar days.
8.4 If 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 apparent to both Parties that the circumstances will last beyond this period, the Parties undertake to discuss the possibilities of alternative ways of performing this Agreement or its termination without compensation for damages.
9.1. The Parties agree that they unconditionally recognize the legal validity of texts of the documents received via communication channels (e-mail) equally with the documents executed in a simple written form on paper, except for the cases when execution of the documents on paper is mandatory by virtue of the requirements of this Agreement.
9.2. The Parties unconditionally agree that all correspondence, notices and notices received at the e-mail addresses specified in this Agreement as details of the Parties shall be deemed delivered to the addressee in proper form.
9.3. The Parties shall be obliged to check correspondence received at their e-mail addresses in a timely manner.
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, which has committed such a violation.
10.1 This Agreement shall be considered concluded from the moment of crediting the funds paid by the Customer to the Company’s account in payment for the Services ordered in accordance with the request for payment for the Services ordered.
10.2 This Agreement is valid for an indefinite period of time until its termination in accordance with the procedure stipulated by this Agreement.
10.3. This Agreement may be terminated by:
10.3.1. by agreement of the Parties;
10.3.2. unilaterally at the initiative of the Enterprise in accordance with clause 4.2.1 of this Agreement
10.3.3. unilaterally by the initiative of the Consumer pursuant to Section 4.4.3 of this Agreement.
10.4. The Customer unconditionally agrees that in case of cancellation of this Agreement in accordance with Section 10.3.1 or Section 10.3.2 the Customer loses the right to demand from the Enterprise the refund of any amount paid for the Services, even if the Services have not yet expired.
11.1 Amendments and/or additions to this Agreement are made unilaterally by the decision of the Enterprise.
11.2. The changes and/or additions introduced by the Enterprise at its own initiative in this Agreement come into force not earlier than thirty calendar days after their approval.
11.3 Amendments and/or additions made by the Enterprise to this Agreement due to changes in the legislation come into force simultaneously with the entry into force of changes in these legislative acts.
11.4 The text of amendments and/or additions to this Agreement, the Price list or their new edition is brought to the public notice by the Enterprise by placing (publishing) the relevant information on the official website of the Enterprise at the following address: kamneobrabotka.com/public
11.5 Placement (publication) of amendments and/or additions to this Agreement, the Price list or their new version on the official website of the Company at the following address: kamneobrabotka.com/price/ is made by the Enterprise in the period not later than five calendar days before the effective date of the changes and/or additions (except for the case stipulated by Section 11.3 of this Agreement). The Consumer shall be deemed notified of such amendments and/or additions by posting the amendments and/or additions at the indicated address by the Enterprise from the moment they are posted.
11.6 If the Customer disagrees with the changes and/or additions made, the Customer shall have the right to terminate this Agreement in accordance with Section 4.4.3 of this Agreement.
11.7 A notice of termination of this Agreement shall also be deemed to be any written notice by the Consumer on paper of disagreement with the amendments and/or additions made, or of non-adherence to the new version of this Agreement or refusal to abide by its terms and conditions.
11.8 The Parties unconditionally agree that silence (absence of written notification of termination of this Agreement, or of disagreement with certain provisions of this Agreement, including changes in the price list for the Services) shall be considered as consent and adherence of the Consumer to the new version of this Agreement (paragraph 3 of Article 159 of the Civil Code of the Republic of Belarus).
12.1 All disputes and disagreements regarding this Agreement shall be settled by means of negotiations.
12.2. In case the Parties fail to settle all the disputes in the order prescribed by item 12.1 of this Agreement all disputes arising from this Agreement, including those connected with its conclusion, change, termination, performance, invalidity shall be settled through judicial procedures in accordance with the legislation of the Republic of Belarus.
13.1. The Parties irrevocably agree that this Agreement is concluded at the location address of the Company’s office.
13.2 By entering into this Agreement, the Consumer hereby declares that:
13.2.1. he warrants that he has all necessary rights to the works included in the Advertising Materials and that the Advertising Materials provided by him for placement are not in conflict with the legislation of the Republic of Belarus, do not violate the rights and legitimate interests of third parties (personal, property, copyright), do not damage their honor and dignity and do not contain illegal materials;
13.2.2. Advertising materials provided to them are not encumbered with rights of third persons and the authors (performers) of works included in the Advertising materials have concluded respective agreements with them, under which they are paid (paid) remuneration for all types of use of their works, and that the authors (performers) allow the use of works included in the Advertising materials without naming the authors (performers);
13.2.3. the information provided by him/her when placing an order for the provision of the Services is complete, true and accurate;
13.2.4. he/she realizes and agrees that some information, he/she has provided by placing an order for the provision of the Services can be available for the third parties due to requirements of the legislation of the Republic of Belarus.
13.3. in case any of the conditions of this Agreement becomes null and void, is recognized as illegal or is excluded from this Agreement, it does not lead to invalidity of other conditions of this Agreement that will remain valid and binding for all the Parties.
13.4. All the issues, not regulated by this Agreement, are resolved in accordance with the current legislation of the Republic of Belarus, as well as local normative documents of the Enterprise, subject to their compliance with the current legislation of the Republic of Belarus.
14.1 The parties unconditionally agree to consider as the Customer’s requisites the information provided by the Customer when executing the order for the provision of the Services.
14.2 Entity’s requisites:
Name: Individual entrepreneur Konstantin Gennadyevich Shpektorov
ADDRESS: 11, PYSHKI, GRODNO REGION, UNP 591532391
Current account: BY18PJCB30136052880000000933 in Priorbank OJSC, CBU 600, UNP 100220190 SWIFT: PJCBBY2X