AGREEMENT - OFFER
The Internet resource https://smmpro.in hereinafter referred to as the "Contractor" on the one hand and the user of this Internet resource (you), hereinafter referred to as the Customer, on the other hand, and together referred to as the "Parties", conclude this Agreement on the following:
Terms and definitions used in this contract "Customer" - a user of the site, ordering the provision of services by the Executor; "Executor" - a person (group of persons) providing services to the Customer;
"Content" - for the purposes of this Agreement, content means content placed on the Internet resource (in a social network or social service) in the form of a file (picture, video, music, sound, graphic image, etc.), capable of being displayed by means of electronic computing machines (ECM) and/or mobile devices that enable the reproduction of this type of content. For the purposes of this Agreement, content shall also include the Customer's Account created in a particular social network/social service, which includes the content posted on it in whole or in part;
"Boosting" (promotion) - artificial promotion of the content placed by the Customer on a third-party Internet resource (social network or social service) by recruiting the number of views of this content by users on this or that service specified in the agreement between the Contractor and the Customer and/or artificial creation of interest of users of this or that resource to the Customer's content placed on such resource in order to attract and/or increase/receive subscribers, ratings, likes, users, etc. For the purposes of this Agreement, the term "Promotion" shall apply in the same sense;
"Payment Service" - a special service whereby the Customer has the ability to make payments by bank cards;
"Applicable Law"- the laws of the state and its entities (counties, states, colonies, etc.) to be applied to evaluate the actions of the Parties to the Agreement, resolve disputes and interpret the terms of this Agreement.
"Website, service or Internet resource" - a set of electronic documents in the form of an electronic program for the Internet, which contains information offered to users, having a single owner and manager, located under a certain address on the Internet;
Terms not specified and/or not listed in the text of this Agreement shall be interpreted in accordance with applicable law, customary business practices, and/or the commonly used meaning and interpretation of such term in the Internet.
2. Subject of the Agreement
2.1 The Contractor undertakes to provide services to the Customer to promote (boost) the Customer's content (advertising services) in social networks and/or social user services with the purpose (s), to boost/attract and/or increase/receive the number of users, subscribers, user ratings, likes, classes, etc. The exact amount of services, as well as the type of resources and/or social services on (in) which it is necessary to make (to make) the promotion of the Customer's content is determined by the Customer himself, but only based on the options of services offered by the Executor. The choice of the volume of specific services and payment for these services means the conclusion of this Agreement and entails the obligations of the parties to execute the Agreement. 2.2;
2.2 The services of the Contractor shall be provided in accordance with the terms of this Agreement, as well as the general Rules for the provision of services, which are an integral part of this Agreement;
2.3 The Contractor shall not provide services to promote the Customer's content of erotic, pornographic nature, as well as content of advertising nature, aimed at encouraging Internet users to
acquisition/use/use/storage/illicit narcotic and/or psychotropic substances, weapons, alcoholic drinks, tobacco products, services of magicians, wizards, fortune-tellers, sports betting, gambling, affiliate programs, as well as other things (funds, products, medicines, products) the circulation of which is limited or prohibited by applicable law;
2.4 Contractor has a right to refuse the Client in content promotion if considers that this content may violate rights of other persons or is questionable, i.e. created for making profit by illegal means;
2.5 Provider renders services exactly in accordance with this Agreement. Stages of rendering services are technological processes. At the stage of rendering the services it is not allowed to change their method, volume and/or mode of payment.
3. Rights and obligations of the Parties
3.1 Contractor may provide (render) services to Customer either personally or by engaging third parties without any additional approval if engaging third parties is required for the proper performance of the Contractor's obligations. In all other cases the Contractor shall notify the Customer in writing.
3.2 Client is obliged to pay for the services ordered by Executor in the amount, manner and terms defined in Clause 4 of this Agreement;
3.3. By ordering the content promotion the Customer is obliged to provide the content on the link specified by him in the Internet during the whole term of this Agreement. The Executor shall not be liable in case of unavailability of the resource where the content is placed, and also for absence and/or blocking and/or removal of the Customer's content by the third parties or by the Customer himself.
3.4. The Customer has no right to remove the content for the time of rendering services without the Contractor's consent during the whole period of the Agreement;
3.5 If the Customer fails to comply with the clauses 3.3, 3.4. of the Agreement, it will be impossible to render services to the Contractor; 3.6. 3.5. In case when Client fails to comply with the clauses 3.3.4. of this Agreement and Client does not inform the Contractor about these circumstances, obligations of Contractor under this Agreement are considered to be executed and monetary means paid by Client for services rendering are not subject to refund;
3.6. In case of deletion (blocking) of the Customer's content by Customer and/or third parties and its further restoration the Executor has a right to unilaterally suspend service rendering and/or increase time of its rendering for the period necessary to eliminate unfavorable consequences caused by these circumstances or to refuse further rendering of services to the Customer (execution of the Agreement) without return of money paid by the Customer;
3.7 The parties agree that a reliable confirmation of the Customer's failure to comply with provisions of paragraphs 3.3-3.4 of the Agreement is an official response (statement) of the technical support service of the Internet resource (service) email: email@example.com where the Customer's content is placed, unofficial reports of the Internet resource (service) support service employees, reports in mass media and analytical data of the Executor's employees;
3.8 The Executor also has the right to unilaterally extend the period of rendering services in case of the following circumstances
- technical problems of the resource (service) on which the Customer's content is placed;
- imposition of filters and updates in the social network and/or social service that prevent the promotion of the content;
- Change of algorithms of the social network and/or social service, preventing content promotion.
3.9 The parties have agreed that a reliable confirmation of the circumstances, listed in Clause 3.8 of this Agreement is an official response (statement) of the technical support of the Internet resource (service) on which the Customer's content is placed, unofficial messages of the support service of the Internet resource (service), messages in mass media and analytical data of the Executor's employees;
3.10. The Executor undertakes not to perform in the process of provision of services any actions which can affect the business reputation of the Client.
4. Cost, payment procedure and terms of services
4.1 Types and cost of the Contractor's services are placed on the Executor's website in the section "Prices";
Payment for the services of the Executor according to the present Agreement is made before the beginning of services rendering. 4.2. The Executor starts rendering services under the condition of making by the Customer a full advance payment, i.e. full amount for rendering services on the Executor's account;
4.3 Making of the payment under this Agreement shall be done by the Customer through payment methods available on the Executor's website. Parties have agreed that the moment of beginning of fulfillment of Customer's obligation to pay is the moment of acceptance of the terms and conditions of this Agreement. The moment of beginning of fulfillment of the Executor's obligations as well as the moment of entry into this Agreement is the moment of crediting of funds to the Executor's account. The Contractor shall start rendering services to the Customer within 24 hours from the moment of crediting of funds to the bank account of the Contractor. To make the payment, the Customer shall specify the necessary data. In case of payment through payment systems (payment aggregators) from bank cards and/or other bank accounts, the Customer must ensure that he has the right to dispose of available funds on these accounts. The Customer is also obliged to exclude the access of third parties to the information that allows third parties to use the Customer's accounts to pay and order services of the Contractor (bank card numbers, the name of the bank, pin codes, cvv2 and cvc2 codes, etc.). The risk of unauthorized payment for Executor's services from the Customer's accounts is fully borne by the Customer. Customer is solely responsible for unauthorized payment from his accounts of the Contractor's services by third parties. Payment for services from the Customer's account(s) shall be recognized by the Customer as authorized and made by the Customer himself in all cases.
4.4. You can pay for the order with Visa, Master Card, Mir bank cards or via Apple Pay payment systems. To pay for the purchase, you will be redirected to the server of the payment system, where you need to enter the necessary data. When paying with a bank card, the security of payments is guaranteed by the Unitpay processing center.
The Unitpay payment system has a confirmed certificate of compliance with the requirements of the PCI DSS standard in terms of storing, processing and transmitting cardholder data. The PCI DSS bank card security standard is supported by international payment systems, including MasterCard and Visa, Inc. The Unitpay system is also a participant in the PCI DSS Compliance Process (P.D.C.P.) continuous monitoring program. The online store does not receive your confidential data required for payment (card details, registration data, etc.) - their processing is carried out on the side of the Unitpay processing center and is fully protected.
4.5. In case of a refund to the client, the refund is made to the same bank details from which the payment was made
5. Responsibility of the Parties
The Parties shall be liable for non-performance or improper performance of the obligations assumed under this Agreement in accordance with the applicable legislation and the terms and conditions of this Agreement. The Parties shall resolve any disputes arising through written negotiations and compulsory claim procedure, and if no agreement is reached, the dispute shall be referred to the court at the location of the Contractor, unless otherwise expressly provided for by applicable law. When the Customer submits a claim to the Contractor, the Customer must attach the documents substantiating the claim. Claims are sent to the email of the Executor: firstname.lastname@example.org. The period of consideration of the Customer's claim by the Contractor is 10 calendar days. In case of a dispute the parties are obliged to use and apply the legislation of the Russia Federation, which is in force at the moment of the claim.
6. Circumstances of insuperable force
The Parties shall not be held liable for failure to perform or improper performance of their obligations hereunder if the improper performance was not possible due to force majeure circumstances. The Parties have agreed to consider as force majeure circumstances the external and extraordinary events, which did not exist at the time of signing of this Agreement and which occurred against the will and desire of the Parties, the actions of which the Parties could not foresee and could not prevent by measures and means which were reasonably and reasonably expected by the Party acting in good faith. Such circumstances include war and hostilities, epidemics, fires, natural disasters, acts and actions of public authorities which make it impossible to perform the obligations under this Agreement and are recognized as force majeure;
6.2 The parties hereto agree that the coronavirus disease COVID-19 (hereinafter referred to as the "epidemic") is not a force majeure event and the occurrence of the "epidemic" shall not constitute grounds for the parties not to perform their contractual obligations.
6.3 The Party, claiming the presence of force majeure circumstances, shall be obliged to notify the other Party in writing about their occurrence and estimated duration not later than 5 (five) working days from the date of their occurrence. The party which has not sent the notification in the specified term is deprived of the right to refer to such circumstances in the future;
6.4 The period of performance of obligations under this Agreement shall be extended by the period of impossibility of their performance due to the Force Majeure Circumstances.
7. Term of this Agreement
7.1 This Agreement shall enter into force upon acceptance of its terms and conditions and receipt of cash payments for the services of the Contractor on the bank account of the Contractor and shall remain in force until the Parties perform their obligations in full;
The Customer has a right to terminate the Agreement before its expiration date having notified the Contractor about it at least 30 calendar days in advance. In case of early termination of the Agreement on the Customer's initiative, the payment received by the Contractor for services rendering in this case shall not be returned even if the Contractor did not have time to perform all obligations under the Agreement;
7.3 In case of termination of this Agreement on any other grounds, the parties shall be obliged to perform all the obligations arising up to that moment;
7.4. the Contract is concluded for a period of 1 month.
8.1 The Parties undertake to keep confidentiality of the information, as well as knowledge, experience, know-how and other data, received from each other or disclosed to them in the course of fulfillment of obligations under this Contract, which are considered confidential. Parties undertake not to disclose and not to disclose in general or in particular such information to any third party without prior written consent of the other Party hereto;
8.2 The requirements of paragraph 8.1 shall not apply to cases of disclosure of confidential information at the request of authorized bodies in cases stipulated by law.
9. Additional conditions and final provisions
9.1 The Parties have agreed that all notifications stipulated in this Agreement (except for claims) can be performed by sending of e-mail by the Parties. E-mail address of the Executor is the address indicated in the section "Contacts" or other relevant section of the Executor's website (email: email@example.com). The e-mail address of the Customer is the address indicated by the Customer on the Executor's website when ordering services. Letters and other documents received from the Customer from other e-mail addresses are not accepted and considered by the Executor. 9.2;
9.2. In case of changing the name, location, banking requisites and other data each party shall be obliged to inform the other party about these changes in writing within five days;
9.3 In all other cases that are not stipulated in this Agreement, the Parties shall be governed by applicable law.
BY USING THIS SERVICE AND/OR WEB SITE YOU AGREE TO THE ABOVE TERMS AND CONDITIONS, AND ACKNOWLEDGE THAT YOU ARE AT LEAST 16 YEARS OLD.
IF YOU DO NOT AGREE WITH ANY OF THE CLAUSES OF THIS OFFER, YOU CAN REFUSE TO PLACE AN ORDER.
Individual Entrepreneur GULYAEVA TATIANA IVANOVNA
PSRN 319784700345351 / ITN 780218582300
Updated "26" November 2022
 The third party engaged under this Agreement undertakes to keep and not to disseminate confidential data, which became known to him in the performance of certain tasks.