FOR THE PROVISION OF SERVICES TO SEND INFORMATIONAL SMS MESSAGES AND EMAILS
The real Name of the company, hereinafter the Contractor, intends to enter into a contract for the provision of services for the sending of information SMS-messages and emails with Customers on terms of this offer (hereinafter — the "Agreement").
1.Terms and definitions
For the purposes of this offer, the following terms shall have the following meanings:
Offer — the present document published on the website ;
Offer acceptance — full and unconditional acceptance of the Offer. The acceptance of the Offer creates the Contract;
Customer — a person who has accepted the Offer and is a consumer of services in mailing SMS-messages on the signed Agreement;
Agreement — the contract between the Customer and the Contractor for the provision of information services, which is concluded by Acceptance of the Offer;
E-mail - an e-mail sent by the Contractor to the email address of the Customer.
2. The Subject Of The Offer
- 2.1. The contractor undertakes during the term of the Contract to provide Customer services in the direction of the phone number belonging to the Customer SMS information messages about promotions and special offers to Customer and its partners. No more than 10 informational messages in one calendar month.
- 2.2. The contractor undertakes during the term of the Contract to provide Customer services in the direction of electronic mail, handling a Customer's emails and informational about promotions and special offers to Customer and its partners. Not more than 20 informational messages in one calendar month.
- 2.3. The customer agrees to accept services in accordance with the terms of the Contract.
3. General terms of service
- 3.1. The customer performs the Acceptance of the Offer in terms of clause 2.1. by sending SMS-message to number with text or by providing a phone number via landing pages within a short-term promotions.
- 3.2. The customer performs the Acceptance of the Offer in terms of clause 2.2., entering into a special field on an Internet website email address. The email address of the Customer is sent an email containing instructions to confirm ownership of the specified email address.
- 3.3. The acceptance of the Offer confirms Customer's consent to receive SMS messages and e-mail advertising from the Contractor and its partners at the telephone number or e-mail belonging to the Customer;
- 3.4. Making the acceptance of the Offer, the Customer consents to the use of their personal data.
- 3.5. The contractor pays for the SMS message as received from the Customer and sent to the Customer. Charges for SMS messages from the Customer is not charged.
- 3.6. The contractor has the right at its discretion to provide a reward to the Customer for acceptance of the Offer and Customer unconditionally accepts such remuneration.
- 3.7. The customer, performing the acceptance of the Offer in accordance with clause 3.3. Agreement, agrees to receiving SMS messages and e-mail advertising from partners of the Contractor.
4. Validity and changing the conditions of the offer
- 4.1. The offer shall be effective upon publication by the Contractor and shall expire upon its cancellation by the Contractor.
- 4.2. The contractor reserves the right to amend the terms of the Offer or withdraw the Offer at any time at its discretion.
5. Duration and amendment of agreement
- 5.1. The acceptance of the Offer by the Customer creates a Contract (article 438 of the Civil Code of the Russian Federation) on the terms of the Offer.
- 5.2. The agreement shall enter into force from the moment of acceptance of the Offer by the Customer and is valid for one year.
- 5.3. In case the Contractor is not received from the Customer requirements for termination of the Agreement, the term of the Contract shall be prolonged for another year. The number of renewals of the Contract is unlimited.
- 5.4. The customer agrees and acknowledges that the amendments to the Offer entails making these changes in concluded and valid between the Customer and the Contractor Agreement, and these changes in the Agreement come into force simultaneously with such changes in the Offer.
6. Termination of the contract
- 6.1. The contract may be terminated prematurely:
- 6.1.1. By agreement of the Parties at any time.
- 6.1.2. On other grounds provided for by this Offer.
- 6.2. The termination of the term of the Agreement for any reason shall not relieve the Parties from liability for breach of Contract arising during its term.
- 6.3. The contract in terms of clause 2.1. this Offer may be terminated by the Customer in the following way:
- a) sending the message number with the text: STOP;
- b) sending by e-mail firstname.lastname@example.org requirements for termination of the Agreement.
- 6.4. The contract in terms of clause 2.2. this Offer may be terminated by the customer by clicking on the link to opt-out of mailing each newsletter.
- 6.5. Under the conditions set out in clause 6.3, the Contractor shall cease to provide the services within 60 days after the mailing of the relevant requirements by the Customer.
- 6.6. Under the conditions set out in clause 6.4, if Customer go to the link and performed all the conditions specified on the resource, opened the link, the Contractor shall cease rendering services immediately.
- 7.1. For non-performance or improper performance of its obligations under the Contract the Parties bear responsibility in accordance with the current legislation of the Russian Federation.
- 7.2. Customer bears full responsibility for:
- a) compliance with the requirements of legislation, including legislation on advertising, on protection of copyright and related rights, protection of trademarks and service marks, the protection of consumer rights;
- b) interpretation of information received from the Contractor, the production of Customer Acceptance;
- c) familiarization with the Offer in the place of its publication.
- 7.3. The contractor is not responsible under the Offer for:
- a) any action that is a direct or indirect result of the actions of the Customer;
- b) any losses of the Customer, regardless of, could the Contractor to anticipate the possibility of such damages or not.
- 7.4. Consistently with the above, the Contractor is released from liability for a breach of the Agreement if such breach is caused by force majeure (force majeure), including: actions of public authorities (including the adoption of legal acts), fire, flood, earthquake, other natural disasters, lack of electricity and/or failures of the computer network, strikes, civil unrest, riots, any other circumstances, without limitation which may affect the performance by the Contractor of the Contract.
8. Other conditions
- 8.1. The agreement, its conclusion and execution shall be regulated in accordance with the current legislation of the Russian Federation.
- 8.2. Without prejudice to the terms of the Offer, the Customer and the Contractor may at any time issue a contract for the provision of Services in the form of a written bilateral document.