Offer contract

Public offer agreement for the provision of services

Edition of 23.01.2023 Kohtla-Järve 1. General Provisions 1.1 This document is an offer of Rage Kings OÜ (Reg. No. 16434172 in the Commercial Register of the Republic of Estonia, legal address: 12-9 Tervise str., Kohtla-Järve, 31025, Estonia) (hereinafter referred to as the Contractor), to enter into an agreement for the provision of services on a fee-for-service basis (hereinafter referred to as the Agreement) with any physical or legal person or individual entrepreneur (hereinafter referred to as the Customer) interested in the Offer. 1.2 The Public Offer Agreement is an official document under the laws of the Republic of Estonia and is published on the Contractor’s website at: http://rage-kings.studio/ 1.3 The person, who accepts this public offer, purchases all rights and obligations of the Customer under this Agreement. Appropriate acceptance of this Agreement in accordance with the legislation of the Republic of Estonia is considered to be the Customer’s performance of all the following actions: - familiarising the Customer with the terms of the Agreement; - full or partial payment for services in accordance with the terms of this Agreement. Upon receipt of payment for services on account of the Contractor, this Agreement is considered concluded between the Customer and the Contractor; - consenting to the Contractor's processing of Customer's personal data by ticking the box "I agree to the processing of my personal data in accordance with the Agreement of the public offer". The acceptance of the Agreement is a confirmation that all and any conditions of the Agreement are accepted by the Customer in their entirety without any reservations or limitations, and the acceptance of the Offer confirms that the Customer understands all the terms and conditions of the Services and the Agreement, that Customer exercised their right to obtain from the Contractor all and any explanations regarding the terms and conditions of the Services and the Agreement, and also confirms that the terms and conditions of the Services and the Agreement fully comply with Customer's will, needs and requirements. 1.4 The Public Offer does not require affixing the seal and signature of the Participant while remaining in full force and effect. 1.5 In view of the aforesaid, the Customer is obliged to carefully read the text of this Agreement and in case of disagreement with the terms and conditions to refuse to enter into the Agreement and use the services of the Contractor. 2. The scope of the Agreement 2.1 The scope of this Agreement is the provision of services on a fee-for-service basis by the Contractor to the Customer that is specified on the website http://rage-kings.studio, in the manner and on the terms of this Agreement. 2.2 The services under paragraph 2.1 of the Agreement are provided by the Contractor on the basis of applications submitted by the Customer. 3. Rights and obligations of the Parties 3.1 Customer undertakes to: 3.1.1 Pay for the services in the order, amount and terms specified in the Agreement. 3.1.2 Provide the Contractor access to the software code of the information resource (its files and databases), as well as other necessary materials to perform the tasks (applications) set for the Contractor. 3.1.3 Accept the services provided by the Contractor. 3.1.4 Transfer all necessary documents and information punctually. 3.1.5 Not to use the information received from the Contractor in ways that have the potential to damage the interests of the Contractor. 3.2 Customer has the right to: 3.2.1 Demand from the Contractor to provide information on the issues of organization and provision of proper rendering of the Services. 3.2.2 Demand proper and punctual provision of the Services by the Contractor. 3.2.3 Refuse to perform the Agreement on condition of the payment to the Contractor for the rendered services up to the moment of the notification about the termination of the Agreement. 3.2.4 Contact the Contractor on all issues related to the provision of the Services, as well as ask questions related to the provision of the Services. 3.3 Contractor undertakes to: 3.3.1 Provide the services specified in clause 2.1 of the Agreement in accordance with the Customer's Order. The Order shall be additionally negotiated and agreed upon by the Parties and shall be the basis for the assessment of the completed work for compliance with the Customer's requirements. 3.3.2 Take all necessary measures to protect Customer's personal data known to Contractor, as well as data in Customer's system, including Customer's accounts, telephone numbers, e-mail, postal addresses and other personal information. To use all personal data and other confidential information about the Customer and its clients only for the provision of services under the Agreement, not to transfer and not to show to third parties the documentation and information about the Customer and its clients. 3.3.3 Not to transfer access rights to Customer's website to third parties and not to use them in any other way that could be prejudicial to Customer's interests. 3.4 The Contractor has the right to: 3.4.1 Demand from the Customer to fulfil the assumed obligations in good faith. 3.4.2 Unilaterally change and update the terms of this Agreement, without prior agreement with Customer, ensuring that the updated terms are published on the website http://rage-kings.studio, at least one day before they come into operation. 3.4.3 Engage third parties to provide services under this Agreement. In this case, the Contractor shall not be responsible for unlawful actions of third parties in the provision of services under this Agreement but shall make every effort to protect the rights and interests of the Customer. 3.4.4 Not to allow Customer to receive services in case of violation of payment terms. 4. Procedure of Service Provision 4.1 The services under this Agreement shall be provided by the Contractor on the basis of an application issued by the Customer, in which the Customer independently determines the list of required services. 4.2 Customer shall issue Applications by submitting them to the Contractor’s contact details or using the feedback form indicated on the website http://rage-kings.studio. 4.3 After the Contractor receives the Application, it must undergo a process of assessment during which the amount of time required and the list of services required to perform the Application (if it is not defined or incorrect), as well as the cost of the work, are determined. 4.4 In the process of execution of the application, the list of necessary services, the required amount of time for their execution and the cost may change. The Contractor shall notify the Customer about any mentioned changes. 4.5 If Customer disagrees with the list of required services and/or the amount of time needed for the execution of the application, Customer shall notify the Contractor within 1 working day of the reasons why Customer considers this assessment unacceptable. The Customer shall notify the Contractor in the same manner as described in clause 4.2. of this Agreement. 4.6 If there is a dispute over the assessment of the application received by the Contractor and no agreement is reached within 3 working days, the application shall be considered withdrawn by the Customer. 4.7 If there is no disagreement between the Parties, the Contractor shall commence the execution of the Аpplication at the time agreed with the Customer. 4.8 The services provided under the Agreement shall be provided to the Customer remotely via the Internet, for this purpose Customer shall provide the Contractor with access to the administration panel of the Customer's website and other data. 4.9 Customer has the right to submit an unlimited number of applications to the Contractor. 4.10 The parties to the Agreement agree that the acceptance of the services provided shall be carried out without signing a Service Acceptance Act. 5. Service fees and billing procedure 5.1 The initial price of services under this Agreement depends on the service selected and is indicated on the website http://rage-kings.studio, and can be changed unilaterally by the Contractor at any time. The price of the service does not include commissions charged by banks or payment systems for payment processing. 5.2 The prices are in EURO. 5.3 The Contractor shall determine the final price of services under this Agreement based on the scope of work performed. 5.4 The price of the services shall include the amount of the Contractor's expenses related to the provision of the Services. 5.5 Payment under the Agreement shall be made within ten (10) banking days from the date of the Contractor's invoice to the Customer. 5.6 Contractor has the right to unilaterally change the final price of services provided. The Contractor shall notify the Customer about the changes made. The notice shall be sent within 7 calendar days from the date of change of price to the Customer's e-mail or Skype and/or by calling the Customer's phone number. 5.7 The cost of prepaid services shall not be subject to change. 5.8 Payment for services shall be made in one of the following ways: - 100% payment for services on the Contractor's operating account or by using a payment system; - Another way as agreed with the Contractor. 5.9 Once payment has been transferred to the Contractor's operating account or the payment has been confirmed in the Contractor's payment system, the Customer receives all the information required to receive the services. Security and the other terms of using the payment methods chosen by the Customer are out of the scope of the Agreement and are regulated by agreements with the respective payment aggregators. 5.10 The Customer shall be held liable for errors made by them when paying for the Services on their own. The Contractor shall not be held liable for any losses or other negative consequences, which may arise for the Customer and/or third parties in case of the incorrect provision of payment details. 5.11 For the purposes of this Agreement, payment shall be considered completed by the Customer from the moment the payment is confirmed by the Customer's credit institution or payment system. 5.12 A full refund by the Contractor can be made upon the Customer's request sent to [email protected] not later than 48 hours before the beginning of the service provision. Refunds shall be transferred to the account from which the service was paid for. 5.13 Refunds will be issued after the deduction of the Contractor's actual costs at the time of a refund. The Contractor’s actual costs may include (but are not limited to) the costs set out in clause 3.4.3, commissions of banking or credit organisations, and relevant payment systems for refunds. 5.14 The Customer's application for a refund shall be processed by the Contractor within three (3) working days on receipt of the relevant request. 6. Reasons for alteration and termination of Agreement 6.1 The Agreement may be terminated by mutual agreement of the Parties or unilaterally at the written request of one of the Parties on legal grounds. 6.2 The Contractor has the right to unilaterally (extrajudicially) modify the terms and conditions of the Agreement at any time. Modifications to the terms and conditions of the Agreement shall come into operation upon their publication on the website http://rage-kings.studio. 7. Liability of the parties 7.1 Contractor shall not be liable for failure to provide services to Customer due to reasons beyond the Contractor's control, in particular: failure of the Internet, hardware or software on Customer's part. In this case, the services shall be considered properly rendered and billed in full. 7.2 The Contractor cannot guarantee an absolute failure-free service under the Agreement, although the Contractor is taking all possible measures to avoid the aforementioned. In case of unsatisfactory quality of the Internet connection, stable operation of the software is not guaranteed, in which case the receipt of services under this Agreement may be postponed to a later date. 7.3 The parties shall not be held liable for failure to perform or improper performance of obligations under this Agreement for the duration of the force majeure. During this time, the parties shall have no mutual complaints, and each party shall assume its own risk of the consequences of the force majeure. 7.4 The Parties shall understand force majeure circumstances as fire, flood, earthquake, strikes and other natural disasters, war and military actions, entry into force of regulations and acts of law which prevent the performance of obligations, forced emergency (non-planned) hospitalisation, confirmed by documents, if the aforementioned circumstances are beyond the Parties' control and if they prevent the performance of this Agreement and occurred after signing this Agreement. 7.5 The Party that is unable to perform its obligations under the Agreement shall timely, but not later than 7 calendar days after the occurrence of force majeure, notify the other Party in written form, providing supporting documents issued by competent authorities. 7.6 The Parties acknowledge that the Parties' failure to pay is not a force majeure event. 8. Personal data 8.1 Customer gives their consent to the Contractor for the processing of their personal data provided when applying, in particular: name, surname, patronymic; e-mail address; contact telephone number; accounts in messengers and social networks, as well as for the processing of personal data indicated in the payment and use of services: position; workplace; work experience; bank account details (only to receive payment for services and refunds). 8.2 Processing of personal data means recording, systematising, collecting, storing, clarifying (updating, changing), extracting, using, transferring, transmitting (distributing, providing, accessing), depersonalising, blocking, deleting, and destroying personal data that is not falling into special categories, the processing of which, under the legislation of the Republic of Estonia in force, requires written consent from Customer. 8.3 The processing of personal data is performed for the purpose of fulfilling the Contractor's obligations under this Agreement, providing the Customer with feedback when using the Website, and audiovisual sessions and for the purpose of sending information and promotional materials to the e-mail address specified by the Customer when submitting the application. 8.4 Customer may withdraw consent for the processing of personal data at any time by sending a notice to the Contractor to the e-mail address: [email protected]. The Customer understands and acknowledges that withdrawal of consent to the processing of personal data may require the deletion of any information relating to the Customer's participation and termination of access to the materials of the services purchased. 8.5 Customer consents to receive newsletters and promotional materials from the Contractor, or other persons on behalf of the Contractor, to the e-mail address and contact telephone number provided by Customer when applying for services on the Website. Customer's consent that receiving newsletters and advertisements can be cancelled at any time by notifying the Contractor at the following address: [email protected]. 8.6 Customer agrees that Contractor may use Customer's image free of charge as a Customer's picture (user pic), as well as a before/after picture provided by Customer upon receiving services. 8.7 Customer agrees that snippets of correspondence from closed groups and correspondence with Contractor may be used for the publication of reviews, including video reviews, on provided services on the website, as well as in Contractor's accounts on social media. 9. Dispute settlement 9.1 Disputes arising between the Parties shall be settled by negotiation. 9.2 If the Parties fail to reach an agreement in the course of negotiations, disputes between them shall be settled in a judicial procedure in court at the location of the Respondent party. 9.3 The procedure for the extrajudicial settlement of claims shall be mandatory for the Parties. 9.4 A claim in written form, signed by an authorized person, shall be sent to the e-mail of the respective Party. The Party receiving the claim shall give a written reply on the essence of the claim no later than 7 (seven) working days from the date of receipt of the claim. If the claim is left unanswered, and there is proof of receipt of the claim, the Party which sent the claim has the right to apply to the court to resolve the dispute. 10. Concluding provision 10.1 This Agreement shall come into effect upon acceptance by the Customer according to Paragraph 1.3. of the Agreement and shall remain in force until the parties have fulfilled their obligations. 10.2 All disputes and disagreements between the Parties shall be resolved by negotiations where possible, and in case the parties fail to reach an agreement by negotiations, by a court in accordance with the laws of the Republic of Estonia. 10.3 A court declaring that any term of this Agreement is invalid or unenforceable shall not invalidate any of its other terms. 11. Contractor's bank account details Rage Kings OÜ Registration code: 16434172 Address: Ida-Viru maakond, Kohtla-Järve linn, Ahtme linnaosa, Tervise tn 12-9, 31025, Estonia Advcash Group р/с: E 2857 3469 8769 AS LHV PANK р/с: EE877700771008054060 SWIFT / BIC: LHVBEE22 Revolut Bank UAB р/с:LT963250053760008126 SWIFT / BIC: REVOLT21 PayPal EUR/USD р/с: 7HFHZLLRNQZN4 Email: [email protected]