SMM Cluster - інструменти для маркетологів та бізнесу

PUBLIC CONTRACT (OFFER) for Ordering, Purchase-Sale, and Delivery of Information Products and Services

This contract is an official and public offer from the Seller to enter into a contract of sale of an Information Product or Service presented on the website https://smmcluster.com/. This contract is public, meaning that according to Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one buyer over another. By entering into this Contract, the Buyer fully accepts the terms and procedure for ordering, paying for the Information Product or Service, their provision, refund policy, responsibility for improper orders, and all other terms of the contract. The contract is considered concluded from the moment the "Confirm Order" button is clicked on the order page and the Buyer receives an electronic confirmation of the order from the Seller.

Definitions of Terms

1.1. Public Offer (hereinafter referred to as the "Offer") — a public proposal by the Seller, addressed to an indefinite circle of persons, to conclude with the Seller a contract of sale of an Information Product or Service remotely (hereinafter referred to as the "Contract") under the conditions contained in this Offer.

1.2. Information Product or Service — the subject of the agreement between the Parties, which was selected by the Buyer on the website https://smmcluster.com/ and paid for by the Buyer to the Seller remotely.

1.3. Website — the Seller's website at https://smmcluster.com/ created for familiarization with and sale of Information Products and Services.

1.4. Buyer — a legally capable individual who has reached 18 years of age, receives information from the Seller, places an order to purchase an Information Product or Service presented on the website https://smmcluster.com/, or a legal entity or individual entrepreneur.

1.5. Seller — Sole Proprietor (SP) Tserkovnyi Daniil Albertovych (Identification Code 333414951), a legal entity established and operating under the current legislation of Ukraine, located at: Ukraine, Kharkiv, Guardiytsev-Shyronintsev Street, building 63a, apt. 21.

Subject of the Contract

2.1. The Seller undertakes to provide the Buyer with the Information Product or Service, and the Buyer undertakes to pay for them under the terms of this Contract.

2.2. The date of conclusion of the Offer Contract (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Contract is considered to be the date the Buyer fills out the order form on the website https://smmcluster.com/ and the Buyer receives an electronic confirmation of the order.

Order Placement

3.1. The Buyer independently places an order on the website through the appropriate order form or by placing an order via email at d7@ukr.net or by phone at +380501641157.

3.2. The Seller has the right to refuse to provide the Information Product or Service to the Buyer if the information provided by the Buyer during the order placement is incomplete or raises suspicion regarding its validity.

3.3. When placing an order, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:

3.3.1. Buyer's last name and first name;

3.3.2. Email address for communication;

3.3.3. Contact phone number.

3.4. The name, quantity, and price of the Information Product or Service selected by the Buyer are indicated on the website https://smmcluster.com/ during the order placement.

3.5. If either Party to the contract requires additional information, they have the right to request it from the other Party. In case the Buyer does not provide the necessary information, the Seller is not responsible for providing a quality service to the Buyer.

Price and Payment

4.1. Prices for Information Products and Services are determined by the Seller independently and are indicated on the website https://smmcluster.com/.

4.2. Prices for Information Products and Services may be changed by the Seller unilaterally. However, the price of a specific Information Product or Service, the cost of which has been fully paid by the Buyer, cannot be changed.

4.3. The Buyer pays for the Information Product or Service through the available payment methods indicated on the website.

4.4. The Buyer's obligations to pay for the Information Product or Service are considered fulfilled from the moment the funds are received by the Seller into their account.

Refunds

5.1. The Buyer has the right to request a refund for an Information Product or Service of proper quality if the product or service did not meet their expectations, within 12 hours after payment. Cryptocurrency payments are non-refundable due to technical reasons. Refunds can only be made to a bank card if payment is made by bank card.

5.2. Refunds are made within 30 (thirty) calendar days from the moment of receiving a request from the Buyer, provided the requirements specified in clause 5.1 of the Contract are met.

5.3. The cost of the Information Product or Service is refunded by bank transfer to the Buyer's account.

Rights and Obligations of the Parties

6.1. The Seller undertakes to provide the Information Product or Service in the volume and within the timeframes specified by the Buyer when placing the order.

6.2. The Seller undertakes not to disclose any private information about the Buyer and not to provide access to this information to third parties, except as provided by law.

6.3. The Buyer undertakes to provide accurate information necessary for placing the order and to pay for the Information Product or Service in a timely manner.

Liability

7.1. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Contract.

7.2. The Seller is not liable for damages caused to the Buyer or third parties as a result of improper use of the Information Product or Service purchased from the Seller.

7.3. The Seller is not responsible for improper or untimely fulfillment of Orders and their obligations in case the Buyer provides inaccurate or erroneous information.

7.4. The Seller or the Buyer are released from liability for full or partial non-fulfillment of their obligations if such non-fulfillment is a result of force majeure circumstances such as war or military actions, earthquake, flood, fire, and other natural disasters that arose independently of the will of the Seller and/or the Buyer after the conclusion of this Contract.

Confidentiality and Protection of Personal Data

8.1. By providing their personal data on the website https://smmcluster.com/ when placing an Order, the Buyer gives the Seller their voluntary consent to process, use (including transfer) their personal data, as well as to perform other actions provided by the Law of Ukraine "On Personal Data Protection," without limitation of the term of such consent.

8.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation for the Seller to provide information to contractors and third parties acting under a contract with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where the disclosure of such information is established by the requirements of current legislation of Ukraine.

8.3. The Buyer is responsible for keeping their personal data up to date. The Seller is not responsible for poor performance or non-performance of their obligations due to outdated information about the Buyer or its inaccuracy.

Other Conditions

9.1. This Contract is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.

9.2. All disputes arising between the Buyer and the Seller are resolved through negotiations. If a disputed issue cannot be resolved through negotiations, the Buyer and/or the Seller have the right to apply for dispute resolution to the judicial authorities in accordance with the current legislation of Ukraine.

9.3. The Seller has the right to make changes to this Contract unilaterally as provided by clause 6.2.1 of the Contract. Additionally, changes to the Contract can also be made by mutual agreement of the Parties in the manner prescribed by the current legislation of Ukraine.

SELLER'S ADDRESS AND DETAILS:

Sole Proprietor Tserkovnyi Daniil Albertovych
Ukraine, Kharkiv, Guardiytsev-Shyronintsev Street, building 63a, apt. 21
Account No. UA573515330000026003052261040 at JSC "PrivatBank"
Bank Code (MFO) 305299
Taxpayer Identification Number (TIN) 333414951
Tel. (050) 164-1157

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