Contract-offer for the provision of information services

Individual Entrepreneur Dondoshanskii Konstantin, hereinafter referred to as the "Contractor" publishes this Contract-offer, hereinafter referred to as "the Offer" or "the Contract", which is a public offer within the meaning of Art. 437 of the Civil Code of the Russian Federation with respect to users of the svp-team.com Site, hereinafter referred to as the "Customer".

We ask you to carefully read the terms of use expressed below, before accepting the Contract. Using the services of the Contractor, you understand the conditions set forth in The Contract and undertake to comply with them. In case of disagreement with any clauses of the Contract, or in case they are unclear clear to you, please refuse usage of the Contractor’s services. Use of the Contractor's services without consent to the terms of The Contract is prohibited.

The Contract comes into force from the moment of its acceptance by the Customer.

1. Terms and definitions

1.1. For purposes of the Contract, following terms are used:

1.1.1. Acceptance - full and unconditional acceptance by the Customer of the terms of the Contract by payment of the Contractor's services.

1.1.2. Customer - an individual who ordered and paid for the Contractor’s services in accordance with the Contract.

1.1.3. Contract-offer - the Contract, concluded by the Parties in an offer-acceptance form without signing a separate written document.

1.1.4. Website - Internet service on the Internet, located at https://www.svp-team.com

1.1.5. Parties - the Contractor and the Customer jointly.

1.1.6. SVP - SVP 4 Pro software (for computers running Microsoft Windows operating system) or SVP 4 Mac (for computers running Apple macOS operating system).

2. Acceptance of the Contract

2.1. A customer intending to use services of the Contractor is obliged to accept the Contract before ordering of services under the Contract.

2.2. Payment of the Contractor's services serves as an acceptance of the Contract.

2.3. Acceptance of the Contract under conditions or with reservations is not allowed.

2.4. Acceptance of the Contract is possible with simultaneous observance of the following conditions:

2.4.1. Careful reading by the Customer of all conditions of the Contract.

2.4.2. Consent of the Customer to comply with all the terms of the Contract.

3. Subject-matter of the contract

3.1. In accordance with the Contract, the Contractor provides the Customer with IT services in relation to the SVP software.

3.2. For the purposes of providing IT services under the Contract, the Contractor provides the Customer with a key for accessing the program.

4. The order of services provision

4.1. The Customer is obliged to pay the services in accordance with the terms of the Price https://www.svp-team.com/wiki/Purchase to receive services.

4.2. The Customer indicates the effective e-mail address (email) belonging to him, which is accepted as the Customer's ID in the Contractor's information system, after payment of the Contractor's services.

4.3. A unique key is generated, when the information system of the Contractor receives a message about payment received, with the help of the key the Contractor provides services to the Customer. The key is formed in the form of a sequence of alphanumeric characters, information about the completed payment and the generated key are entered in the database located on the Contractor's server.

4.4. A letter containing an access key is sent to the e-mail address of the Customer, through which the Service Provider provides services and instructions for its use.

4.5. The Customer independently installs SVP on his computer and provides access of this computer to the Internet.

4.6. The key received by the Customer in accordance with this section of the Contract is requested, when the SVP software is first launched. After connecting through the Internet with the Contractor's server, the information system checks the provided key, records the successful activation of the SVP copy in the database, and issues permission to use SVP on the Customer's computer.

5. Obligations of the Parties

5.1. The Contractor undertakes:

5.1.1. To provide the Customer with IT services in accordance with the terms of the Contract.

5.1.2. To organize round-the-clock availability of the Contractor's server for the Customer to perform SVP activation actions in order to obtain IT services.

5.1.3. To provide the Customer with the opportunity to independently manage SVP activations performed using his ID in the RU-NIC's information system (for e-mail), for which he must provide the Customer with access to the Personal Area on the Customer's server located at https://www.svp-team.com/secure/license_manager.php

5.1.4. To provide the Customer with the opportunity to ask questions related to the operation of SVP, via e-mail support@svp-team.com and / or on the forum located on the Contractor's server at http://www.svp-team.com/forum.

5.1.5. Do not provide information about the Customer, received in the course of the actions described in clause 5.1 to third parties and do not use it for purposes other than the purposes of the Contract.

5.2. The Customer undertakes:

5.2.1. Do not transfer the received key to third parties.

5.2.2. To comply with the requirements of the License Contract located on the Contractor's website at https://www.svp-team.com/wiki/SVP_4_Pro_license, and also included in the SVP distribution.

5.2.3. Give the Contractor consent to the processing of personal data transmitted to him.

6. Intellectual Property

6.1. The Customer acknowledges that the Site, its interface and content (including but not limited to design elements, text, graphics, illustrations, videos, scripts, programs, music, sounds and other objects and their collections associated with the Site) are protected by copyright, trademarks, patents and other rights that belong to the Contractor or other legal right holders.

6.2. The Customer acknowledges that all rights to the SVP software are owned by the Contractor. The right to the specified software is not alienated to the Customer, within the framework of the Contract.

6.3. Unless otherwise expressly specified in the Contract, nothing in the Contract can be regarded as the transfer of exclusive rights to the Site, its components, the SVP software to the Customer.

7. Legal regulation

7.1. The relations of the Parties under the Contract are governed by the current legislation of the Russian Federation, irrespective of the location of each of the Parties.

7.2. Present Contract is a Service Contract within the meaning of the Civil Code and relevant provisions of law apply to it.

8. Document flow

8.1. The electronic document circulation between the Parties under the Contract shall have legal force equal to the legal force of the usual written document exchange.

8.2. The parties recognize the validity of e-mails - documents sent by e-mail. Such documents are documents written in simple written form and signed by an analogue of a handwritten signature (e-mail address), since only the Parties and their authorized persons have access to the appropriate means of communication - e-mail addresses.

8.3. Documents sent by e-mail by one Party are deemed to be received by the other Party on the day they are actually received, and the timeframe starts to be calculated from the next day, depending on the time of receipt of the document by the Party.

8.4. Electronic documents can be used to confirm concluded and completed transactions, legal relations of the Parties, including they can be used as evidence in law enforcement bodies, arbitration court, judicial bodies, when considering disputes on civil- legal transactions, etc., and also confirm their validity and validity, in accordance with the Contract.

9. Responsibility

9.1. The Parties shall be liable in accordance with applicable law for improper performance, or failure to perform the obligations provided for in the Contract.

9.2. The customer understands that the SVP software is provided to him for the purpose of services providing. The software is provided to the Customer as is ("AS IS"), in accordance with the generally accepted principle in international practice, in this case. It means that for the problems that arise during the installation, update, support and operation of the software (including: compatibility issues with other software products (packages, drivers, etc.), problems arising from the ambiguous interpretation of the accompanying documentation, inconsistencies in the results of using the software to the expectations of the Customer, etc.), the Contractor shall not be liable.

9.3. The Customer understands that he is solely responsible for the possible negative consequences caused by the incompatibility or conflicts of the SVP software with other software products installed by the Customer.

9.4. In no event shall the Contractor be liable to the Customer for any loss, claim or expense, including special, consequential, incidental or consequential damages, or for lost profits, lost savings, or, also, when the customer was informed of the possibility of such damages, damages or claims. The abovementioned restrictions and exclusions apply to the extent permitted by the applicable law of the Russian Federation. The total amount of liability of the Contractor in connection with the liability arising from or in connection with the Contract is limited to the amount paid by the Customer for the IT services provided.

9.5. The Contractor does not provide guarantees that the SVP software can be suitable for specific use purposes. The Customer acknowledges and agrees that the result of using the software and the services received may not meet the Customer's expectations.

9.6. The Customer is solely responsible for his actions for using the Site, including for the actions to post and transmit information, comments, images and other materials to third parties through the Site. The Customer is solely responsible for observing the rights of third parties, applicable law, these Rules, when using the Site.

9.7. The Contractor has the right to refuse to provide further services to the Customer or to restrict such provision in full or in part with or without Customer's notification for violations committed by the Customer.

10. The circumstances of force majeure

10.1. The Parties shall not be liable for the full or partial failure to fulfill their obligations under the Contract due to force majeure circumstances that have arisen beyond the will of the Parties and cannot had been foreseen or prevented, namely: earthquake, flood, other natural disasters, war, civil war, blockade, embargo, strike, the adoption by public authorities of acts that impede the implementation of the contract.

10.2. The parties agreed that they are not responsible for technical failures in the operation of third-party sites (social networks, messaging services), these technical failures are equated by the Parties to force majeure circumstances.

10.3. A certificate issued by a local authority is sufficient evidence of the existence and duration of force majeure circumstances.

10.4. A party that does not fulfill its obligations due to force majeure circumstances must send a written notice to the other Party within ten calendar days about the obstacle and its impact on the performance of obligations under the Contract.

10.5. If the circumstances of force majeure act for two consecutive months and do not show any signs of termination, the Contract may be terminated by mutual agreement of the Parties.

11. The procedure for changing and terminating the contract

11.1. The Offer can be changed at any time by the Contractor unilaterally.

12. Solving the contentious issues

12.1. All disputes between the Parties are resolved through negotiations.

12.2. The parties came to an agreement that the claim (pre-judicial) procedure for the settlement of disputes arising as a result of the implementation of the Contract is mandatory for them.

12.3. Claims under the Contract may be sent by the Parties by e-mail.

12.4. The parties agreed that the term for responding to a claim cannot exceed 15 calendar days.

12.5. In the event of a litigation, the case is subject to review at the location of the Contractor.

13. Other conditions

13.1. The parties agreed that in all cases not governed by the Contract, the norms of the current legislation are to be applied.

13.2. The Parties agreed that any information on the relationship between the Parties under the Contract is confidential.

13.3. The Contract contains the entire scope of agreements between the Parties with respect to the subject matter of the Contract that revokes and invalidates all other obligations or representations that could be accepted or made by the Parties in oral or written form before the conclusion of the Contract.