Company "UNITED SYSTEM LP ", hereinafter referred to as "Provider", represented by the Director Oleksandr Kara, acting under the Foundation Charter, publishes this Agreement, which is a public Offer (proposal) to provide for the use GoAntiFraud Service and applications (optional modules) to it, as well as other related services.
1. General terms and conditions of the Offer
- 1.1. These Terms and Conditions are a public Offer (proposal) of the Provider to private persons, legal entities and individual entrepreneurs, containing the essential terms of a service agreement.
- 1.2. Complete and unconditional acceptance of this Offer is the payment for the services provided in accordance with the present Offer, as well as other similar actions, confirming intention of the person to use the services.
- 1.3. On acceptance the Offer Customer is considered to aware and to agree with the Offer and is considered to have entered into a contractual relationship with the Provider in accordance with these Terms.
- 1.4. Without prejudice to the terms of the Offer, the Customer and the Provider have the right at any time to issue a contract for services in writing form.
2. Concepts and definitions included.
The concepts and definitions used in the present Agreement have the following meanings:
- 2.1. Offer - the present document is published on the site http://www.goantigraud.com/.
- 2.2. The service (GoAntiFraud) - a list of services provided by giving consumers the opportunity to use the Provider’s software , by giving an access to the Service via the Internet; in this form of distribution, GoAntiFraud consumer must pay a fee for the services provided, and not for the acquisition of non-exclusive license.
- 2.3. GoAntiFraud - service distributed on the basis of the Commercial Software License.
- 2.4. Applications (additional modules) to the service GoAntiFraud -, extending the basic functionality of GoAntiFraud.
- 2.5. Customer - a private person or a legal entity or individual entrepreneur committed an acceptance of the present Offer in accordance with point 1 off thepresent Agreement.
- 2.6. Tarrifs - current systematic list of the Provider’s services with named tariff plans and the prices, which is published on the website at: http://www.goantifraud.com/ in the form of applications No1 to this Agreement.
- 2.7. Content - any significant information content of the website in various forms: text, graphic works, including photographs, audio-visual works.
- 2.8. Customer - a person who carries out the acceptance of the Offer and is a consumer of services according to the present Agreement.
- 2.9. Agreement - a contract between the Customer and the Provider for the provision of services, which is realised through the acceptance of the Offer.
- 2.10.Parties - the Customer and the Provider under this Offer.
- 2.11.Hosting Provider - a company supporting software hosting to the Consumer.
3. The Agreement scope
- 3.1. Provider offers services to provide for the use of service GoAntiFraud and applications (additional modules) to it, as well as other related services, and the Customer must pay for these services in accordance with the chosen tariff plan.
- 3.2. Services are provided through the allocation resource by the Provider to the Customer on the server and provide the customer access to these resource through the Internet, required to use the service in accordance with the chosen tariff plan.
- 3.3. Provider Obligations are limited to the terms of this Agreement. The Provider responsibilities does not include to prevent internet access to the Customer, setup and/ or diagnosing computer hardware and software, as well as training the Customer and/or employees working with software and hardware.
- 3.4. All questions on the provision of services must be directed to the Provider according to the contact details included in the section "Details of the Provider" of this Agreement.
4. Rights and liabilities of the Provider.
- 4.1. Provider is obliged to:
- 4.1.1. Grant an access to the Customer via internet (server address, account name, password) after the payment information confirmation.
- 4.1.2. Publish all changes and additions to this Agreement, on its website http://www.goantifraud.com/, including changes of the Tariffs not less than ten (10) days prior to the start of their action. Timely notify the customer by e-mail about all the situations requiring further negotiation.
- 4.1.3. In case if the details change, including bank account details, immediately notify the customer by email.
- 4.1.4. Provide the Customer with the Service in accordance with the terms of the present Agreement and on the chosen tariff, subject for payment by the Customer service period.
- 4.2. The Provider has the right to:
- 4.2.1. Suspend the provision of Services after the end of the subscription period under this Agreement. In the case of suspension of services due to late payment the Provider retains the data (content) of the Customer within thirty (30) calendar days. Provision of the Services is renewed upon receipt of payment for the entire period of suspension and the payment for the next period of the Services by the Customer according to the chosen tariff. After this date the Provider has the right completely to remove the content of the Customer.
- 4.2.2. Change the Tariffs, the terms of this Agreement and the applications without prior agreement with the Customer, ensuring that the publication of the amended terms on the web site at http://www.goantifraud.com/ not less than ten (10) days prior to their commencement.
- 4.2.3. Refuse the Customer to provide services in the following cases:
- Customer poses a threat to the safety, health and safety to people.
- Provision of the Services can not be due to physical, topographical or other natural obstacles;
- Customer refuses to pay fees for any services or refuses to perform the terms of Services;
- Customer or End-user of GoAntiFraud service, used by the Customer uses the Services provided illegal or unlawful manner, thereby causing damage to the Provider or any third party.
- 4.2.4. At the discretion hire professionals and attract contractors involved in the provision of services under this Agreement.
- 4.2.5. Verify compliance with any terms of the use of the Service, in particular, referred to in paragraphs 4.2.3, 4.2.5 and 5.1.5 of this Agreement.
5. Rights and liabilities of the Customer
- 5.1. Customer is obliged to:
- 5.1.1. Familiarize with this Agreement, its applications, including tariffs, to the date of the Agreement commencement.
- 5.1.2. Comply with the requirements of the present Agreement, its applications, which are an integral part of the present Agreement.
- 5.1.3. Accurately, in accordance with the terms of this Agreement, pay and accept the Provider’s Service in accordance with the chosen Tariff.
- 5.1.4. Not assign his rights under this Agreement to any third party without the written consent of the Provider.
- 5.1.5. be fully responsible for compliance with license conditions and other restrictions on the activities of the Customer.
- 5.1.6. on changing of any contact information, e-mail addresses, locations, names and details of the organization, bank account details and other relevant information, the must immediately notify the Provider in any possible way, as well as to send a written notice signed by the head of the organization under seal.
- 5.2. Customer has the right to:
- 5.2.1. Refuse the services of the Provider during the term of this Agreement, and the provision of services paid by the customer before receiving a written rejection of the Services.
- 5.2.2. Use the services of technical support under the conditions specified in the present Agreement and the applications.
- 5.2.3. To control the progress of the Services, without interfering into the activities of the Customer, by sending requests for actual information.
6. Offer acceptance. Charges and Payment.
- 6.1. The services charge of this Agreement is determined by Tariffs and Prices.
- 6.2. Services Payment to the terms this Agreement is performed by deposit payment in 100% amount based on the Services Price according to the Tariff.
- 6.3. The payment is considered to be done after the receipt of funds into the Provider’s bank account.
- 6.4. The Customer is obliged to pay for the Provider’s services within five (5) working days from the date of invoice raising in accordance with the selected Tariff, to confirm this Offer Acceptation.
- 6.5. A Customer on his own responsible for the accuracy of the payments provided by them, including changing the bank account details of the services Provider since the moment of providing a Customer with new bank account details through their publication on the web site of the Provider. http://www.goantifraud.com/.
- 6.6. A Fact of providing Services, the scope and price of services are confirmed by the parties in the Certificate of services rendered for a full calendar month or another period of time agreed by the parties. A Certificate of services rendered is sent forward to a Customer’s e-mail address stated in the application for providing Services in the form of an electronic document. If within 5 (five) work days since the moment of the sending the Certificate of services rendered by the services Provider the customer does not make any claim in writing, the parties accept this Certificate of services rendered to be signed, and the Services to be fully rendered and in accordance to this Agreement. Upon the request of a Customer, the services Provider sends them a Certificate of services rendered and an invoice for payment in a written form.
- 6.7. The Customer pays for the services of the communication (or any other organization providing analogous services) that provides the connection to the server the Provider’s service GoAntiFraud is on, via the Internet..
- 6.8. Service Payment is accepted from the Customer in non-cash form to the service Provider’s account.
- 7.1. Technical requests and claims related to the provision of the Services may be transferred to the Provider through the feedback form on http://www.goantifraud.com/ web site, through Support Forum or Settings Panel of the User environment on the Provider’s web site, as well as by sending an e-mail to our Developers department (the address is provided to the Customer on this Offer Acceptation)
8. Other terms and conditions
- 8.1. Tariffs are set the same for all customers.
- 8.2. Tariffs and Prices are promulgated on the website of the Provider http://www.goantifraud.com/. Changes in them are released not less than ten (10) days before they are brought into service.
- 8.3. For additional services that are not listed in the Tariffs and Prices, but included into the subject of the present Agreement, and on the special conditions of the present Agreement the additional agreements must be signed,and those are an integral part of this License Agreement. The duration and implement conditions of the additional agreements for Services and special conditions of the present Agreement must be determined in additional agreements.
- 8.4. If any terms of the present Agreement are held invalid or illegal or can not be inured according to applicable laws of the United Kingdom, such Term is considered null and void it must be deleted of the present Agreement and displaced with a new term most similar to the original term of the Agreement, at which time other terms of the present agreement remain in full force and affect.
- 8.5. When Provider doesn’t exercise any right, operating authority or intendment covered by the present Agreement, it doesn’t mean neither desquamation of terms and conditions of the present Agreement with the following breach of the Agreement, nor desquamation of the right to enforce the Agreement observance by the Customer any time in future.
- 8.6. This Agreement constitutes the entire agreement between the Provider and the Customer. The Contractor shall not assume any conditions and obligations concerning the subject matter of the offer, other than those specified in this Agreement, besides cases of such conditions or obligations fixed in writing and signed by authorized representatives of the Provider and the Customer If any of additional conditions or additional attachments of the present Agreement are inconsistent with the present Agreement, the contractual provisions of the present Agreement will dominate.
- 8.7. The Provider is not liable for any damages suffered by the Customer due to the disclosure of his personal account information to third parties.
9. Liabilities of the Parties
- 9. 1 For non-fulfillment or inadequate fulfillment of the obligations under this Agreement, the service Provider and Customer hold financial responsibility in accordance with the provisions of this Agreement and under the laws of United Kingdom.
- 9.2. The customer is on his own responsible for the data content put by them or by the end customer on the Internet using the Provider’s Goantifraud service. As well as for its reliability, purity from claims of third parties and the the legality of their sharing. The service Provider is not responsible for the data content put by the Customer.
- 9.3. The Customer, using the Internet, is on his own and to the full extend responsible for the harm caused by their actions (personally, by the end customer or third parties via their network credentials) to a personality or property of: citizens, juridical persons, state or moral views of society.
- 9.4. The service Provider disclaims all liability to the Customer and the end customers for inavailability of providing Services for whatever reason not depending on the service Provider including equipment failure, impairment of obligation of the services providers, working conditions (absence of provision of electricity), work delays and shutdowns taking place expressly or by implication because of the reason that is beyond the responsibility and control of the service Provider.
- 9.5. The Provider is not liable for the quality of telecommunication and communication lines.
- 9.6. The Provider is on their own responsible for the damage suffered by the Customer and end-users in the use of provided Services only if guilty of direct action or omission of the Provider is proven.
- 9.7. Total liability of parties for actual proven total damage during one calendar year (legal year) anyhow mustn’t exceed the cash settlement amount equivalent to mid-value of the Provider invoices to the Customer for last three months before the month of the Providers real damages.
- 9.8. The service Provider, in accordance to this Agreement, is on no account responsible for:
- any action or omission that resulted actions\omissions of any third party directly or indirectly;
- any direct\indirect damages or missed out on benefits of the Provider or the third party, irrespective of the Provider’s consequence to foresee those damages.
- deployment (non-deployment) and any possible results of deployment (non-deployment) of the Customer to succeed the payment through the payment method chosen earlier to pay for the GoAntiFraud Services according to the present Agreement.
- 9.9. The total liability of the Provider of the present Agreement to any claim for this Agreement conditions is limited to the amount of money paid to the Provider by the Customer during the calendar year preceding the date of receipt of the claim.
- 9.10.The Provider is released from liability for breach of this Agreement if such a failure is caused by vis major.
- 9.11.Agreement for a placement and/or approval by the Provider of any content and/or any changes in the content is under no circumstance imply endorsement by the Provider the right of the Customer and/or granting by the Provider to the Customer the right to any use of content objects of exclusive rights of third persons. Full responsibility for such a use, and thereof for any consequences shall be solely responsibility of the Customer.
- 9.12.Customer is on his own responsible for:
- compliance with all the legislation requirements, including advertising legislation, copyright and related rights, protection of trademarks and service marks, but not limited to the listed above.
- accuracy of the information provided by the Customer when he makes an application for the provision of the Services and payment documents when making payments to the Provider
- 9.13.The Customer independently and at his own expense shall settle all disputes and all claims of third parties, the regulations and requirements of the authorized representatives and municipal executive authorities received by Customer, and by the Provider in connection with the offering and/or other use of the content of this Agreement and/or materials that are referenced by the content, as well as to compensate all the losses and expenses incurred by the Provider in connection with such claims.
- 9.14.In case of breaching any terms of this Agreement the Provider is entitled to suspend the provision of the Services until the Customer eliminates the violations and make amends (compensations) to the Provider caused by such breach losses in full and/or terminate this Agreement by giving notice to the Customer at the Customer’s e-mail address specified in the application for the provision of the Services. Upon termination of this Contract by the Provider under this paragraph, the Provider may also by income retention recover from the Customer a penalty equal to the difference between the amount paid by the Customer advance payment for the provision of services and the cost of services actually rendered by the Provider prior to the date of termination of this Agreement.
- 9.15.The Customer can use the service Goantifraud only within those rights and in ways that are provided in this Agreement. The ways to use the service Goantifraud, that are not expressly stated in this Agreement, shall not be considered provided to the Customer.
- 9.16.The parties agreed that in cases of dispute, sufficient proof of the amount and cost of services under this Agreement will be represented as electronic data statistics of the Provider, available to the Customer electronically via the web-based interface on the websites of the Provider or transferred to the customer by e-mail.
- 9.17.This Agreement, its execution and delivery conditions are governed in accordance with the current legislation of United Kingdom.
10. Termination of the Agreement
- 10. 1 This Agreement may be terminated by the customer by eliminating pre-payment for the next month or notification in writing to the Contractor. In this case, the unused balance of funds will not be returned, and the debt payment for services should be compensated by the Customer in full.
- 10.2. This Agreement may be terminated by the Contractor in the absence of a direct fault of the Customer. The Contractor shall notify the customer in writing or by e-mail no later than ten (10) working days prior to the actual termination of the Services. In the same time period the customer is returned unused at the time of termination of this contract the balance of funds.
- 10.3. At the initiative of the Contractor, performance of this Agreement may be terminated on the basis of improper performance of any terms of this Agreement by the Customer. In this case, the unused balance of funds will not be returned to the Customer, and arrears in the payment of services is offset by the Customer.
- 10.4. In cases of termination of this Agreement for reasons other than those listed above, questions allocations and payments are resolved by agreement of the parties or in accordance with the law. All disputes shall be resolved through negotiations between the parties. If disputes cannot be settled by negotiation, they referred to the Arbitration Court of Inverness.
- 10.5. Refuse services the customer can not less than twenty (20) calendar days prior to the termination of the Services to apply for a refund of content downloaded by the Customer on the servers of the Contractor in the course of using the Services. The application is submitted via the feedback form on the site http://www.goantifraud.com/. Application shall be deemed filed, if the Contractor responded it with the e-mail address of the Customer specified in the application for the Services. Content can be returned to the archive format SQL database or archive downloaded customer files.
- 11.1. During the term of this Agreement, the Provider will make every effort to resolve technical failures and errors, if they occur for Service Goantifraud Customer . The Provider is able to not guarantee the complete absence of technical errors and failures for reasons caused by equipment failure, human error by the developers of Goantifraud service.
- 11.2. If a technical failure or software error within the competence of the Provider under this Agreement, fully disables the use of Goantifraud service more than 24 (twenty four) hours from the moment of Provider notification, by the written request of the Customer, the subscription fee for use of the Services can be returned to the Customer for the period inability to use the Services, but not more than 20 calendar days. In other cases, the response time of the Provider to post a technical fault or error is determined by the selected tariff plan. If the availability of the Service is retained and a programming error can not be resolved promptly, the Provider must inform the Customer an estimated time to eliminate errors and, recommend an alternative solution-script of the problem for fault correction time.
- 11.2.1. The is not at their own responsible for inability to use the service Goantifraud, if it is caused by factors outside their competence as defined by this Agreement, including quality links of the customer and his Internet access provider, software installed on the computer equipment of the Customer and end-users, software products of third parties, including used for customer prepared content, unauthoritative actions of the Customer and end-users, and others.
- 11.3. Except for warranties provided in this Agreement, the Provider makes no other express or implied warranties hereunder.
- 11.4. Accepting the terms and conditions of the present Offer by accepting the Offer, Customer represents and warrants to the Provider that:
- Customer has reliable personal information and/or details of the legal entity of the Customer with an application for the provision of the Services and payment documents when making payments to the Provider.
- Customer awards this Agreement voluntarily, with the Provider:
- fully acquainted with the conditions of the Offer,
- fully understands the subject of the Offer and this Agreement,
- fully understands the significance and consequences of their actions for the conclusion and performance of this Agreement.
- Customer has full power and authority necessary to award and perform the present Agreement.
- Use (occupancy) content; any information contained in the content; as well as goods and/or services that are referenced by the content of the Customer, do not violate or result violation laws in force of United Kingdom and/or the rights of third parties.
- No information or advice given by the Provider (the responsible officer of the Provider), can not be considered as guarantee, as advice, but not technical way of providing services.
- 12.1. The parties have agreed to maintain security of any information received by one party against the other in the performance of its obligations hereunder.
- 12.2. Information considered to be public according to laws in force of the United Kingdom, including license, can’t be applied as confidential information according to the present Agreement.
- 12.3. For violation of the confidentiality hereunder party committed such a breach must make amends the other party arising direct loss cased by the breach.
- 12.4. The provisions of this Agreement are not applied in case where either of the parties under this Agreement is required to disclose confidential information to the competent authorities in accordance with the laws in force of United Kingdom.
13. Circumstances of insuperable force (force majeure)
- 13.1. Each of the parties indemnifies and hold harmless on full or partly default of commitments according to the present Agreement, if it proves with reasons that those were circumstances of insuperable force having taken place after the present Agreement was awarded, such as fire, explosion, flood, earthquake, strike, fighting, government decision to force majeure, which couldn’t be foreseen, prevented or taken to the consideration before the present Agreement awardance
- 13.2. Exoneration is valid only for the period during which there is evidence of force majeure circumstances and their consequences.
- 13.3. At the commencement and termination of force majeure party shall promptly notify them in writing to the other party.
- 13.4. The notice must include information on the nature of the circumstances and official documents proving the existence of such circumstances as far as possible valuing consequences of providing the present Agreement’s provisions as well as the terms of providing.
- 13.5. The presence of force majeure and the influence and duration must be attestated officially by state agent of authoritative body or party representative.
- 13.6. In the above cases, the period of performance of the obligations hereunder increases in proportion to the time during such circumstances and their consequences are present.
- 13.7. If the circumstances of force majeure and the consequences continue for more than two months, the parties hold additional negotiations to find acceptable alternative methods of execution of this Agreement.
- 13.8. In the event that occurred as force majeure continue for more than six months or more, each of the parties has the right to refuse performing its obligations hereunder.
14. Terms of Agreement
- 14.1. This Agreement is concluded for a period of one year. Agreement shall be automatically extended for the next year, if there is no rejection of the extension of the Agreement by either of the parties.
15. Details of the Provider
UNITED SYSTEMS L.P.
272 Bath Street, Scotland, Glasgow, G2 4JR, UK
IV3 8SW+1 202 864 1191
Beneficiary’s Acc No. EE525500000551149180
Bank essential elements:
Name of bank: VERSOBANK AS PARNU MNT. 12, 10148, TALLINN, ESTONIA SWIFT CODE: SBMBEE22
Customer Service Phone: email@example.com
Street Address: 272 Bath Street
Postal Code: G2 4JR
Country: United Kingdom
Tariffs and prices of GoAntiFraud services
|License||Number of channels||Price|
- 1. We provide processing of clients` requests. Usually, the reaction time for such requests does not exceed 3 days.
- 2. Customer is provided with access to private section of materials and forum for consultations.
- 3. Customer’s requests about concerning GoAntiFraud global settings are processed by customer support service. The response time for such requests does not exceed 3 days.