1. Terms and Definitions
For the purposes of this Contract, the following terms are set out below:
- Site — an automated system for accepting orders for souvenir, printing and photography via the Internet, offered by the Contractor to the Client in accordance with the terms of this Contract.
- Domain — the unique symbolic name of the Site in the Internet belonging to the Client and provided by the Client to the Contractor as part of this Contract.
- Uptime — the average time of work of the Site, measured in percentages of the time of the Contract’s operation.
- Scheduled maintenance — maintenance connected with making changes to the Site’s functionality or correcting defects. Downtime as a result of scheduled maintenance processes is calculated as part of uptime.
- Unscheduled maintenance — maintenance for the correction of serious Site programming errors are carried out without prior informing of the Client. Downtime as a result of unscheduled maintenance processes are not calculated as part of uptime.
- User — an individual who has downloaded any page of the Site to an Internet browser.
2. Subject of the Contract
- 2.1. The Client shall assign, and the Contractor shall accept, responsibility for connecting the Site to the Internet, its settings, technical support, and provision of the Client’s access to the Site.
3. Procedure of Services Provision
- 3.1. The Contractor shall use its own means to set up the Site on its own servers within 3 (three) working days from the date of provision of the domain by the Client.
- 3.2. The Contractor shall use its own means to establish the settings of the Site within 10 (ten) man hours according to the information provided by the Client, including.
- Site logo;
- Contact details (telephone, email, Skype, addresses);
- Services offered on the Site;
- Other requests regarding the structure and design of the Site.
Additional Site settings shall be established by the Client independently or assigned to the Contractor by the Client at the paid rate of $50 per hour/
- 3.3. The Contractor shall use its own means to enable the Client’s and users’ round-the-clock access to the Site seven days a week.
- 3.4. The Contractor shall consult the Client regarding issues of use and Site settings. The Site’s functionality shall be described in the demonstration version of the Site at the address: demo.pixlpark.com.
- 3.5. The Contractor shall keep on its server information about the Client’s company, orders and users.
- 3.6. The Client shall use its own means to provide information about its company from the administrative part of the Site.
- 3.7. The Client shall pay in full the price of the Contractor’s services in accordance with Article 4 of this Contract.
4. The Price of the Contract and Payment Procedure
- 4.1. The price of the Contract shall be made up of the price of the Contractor’s services for connecting the Client’s Site to the Internet and the monthly price of the Contractor’s services (hereinafter referred to as the Subscriber’s Fee).
- 4.2. The price of the Contractor’s services for connecting the Site to the Internet shall be $1000.
- 4.3. The Subscriber’s Fee shall be equal $100 + 5% per month.
- 4.4. The Client shall pay the price of the Contractor’s services upon connection of the Client’s Site to the Internet in one advance payment by bank transfer according to the account details as provided by the Contractor in the bill.
- 4.5. The Client shall pay the Subscriber’s Fee monthly within 5 (five) working days from the date of receiving the Contractor’s bill, paying by bank transfer according to the account details as provided by the Contractor in the bill. Moreover, the first calendar month for which the Client shall pay the Subscriber’s Fee shall be considered to be May, 2017.
- 4.6. The Contractor shall bill the Client for the Subscriber’s Fee within the first 7 (seven) days of the month following the billing month.
5. Rights and Responsibilities of the Parties
- 5.1. The Contractor shall be not liable to the Client for delays, interruptions, damages or losses as a result of:
- faulty equipment belonging to the Client;;
- transfer or connection problems on the part of the Client;
- carrying out of scheduled maintenance;
- circumstances of Force Majeure.
- 5.2. The Contractor shall not bear responsibility for the content of orders made via the Site.
- 5.3. The Contractor shall not bear responsibility for the content of materials placed by users on the Site.
- 5.4. The Contractor shall not bear responsibility for the use on the Site by the Client of materials requiring special permits (licenses) for which the Client does not have such special permits (licenses).
- 5.5. The Contractor shall retain the right to cease providing services or terminate this Contract unconditionally if it becomes known that:
- materials placed on the Site by the Client are protected by copyright and used without the copyright holder’s permission;
Moreover, the Contractor undertakes to immediately inform the Client in case such a situation arises and, if the Client corrects the situation, to recommence providing services or conclude a new contract with the Client on the same terms.
- 5.6. The Contractor shall retain the right to cease providing services or terminate this Contract unconditionally if the Client fails to pay for services rendered in the space of two consecutive months.
- 5.7. The Contractor shall undertake to ensure 98% uptime during the Contract’s operation.
- 5.8. During the period of the Contract’s operation, the Contractor shall enjoy the non-exclusive right to reproduce, demonstrate and display the Client’s trademarks on its website, in marketing (advertising) materials, on the sites of its partners (affiliates), and in press releases and public performances with the aim of advertising and/or selling its software.
- 5.9. The Client shall have the right to access the Site round-the-clock seven days a week, except for in the following situations.
- carrying out of scheduled maintenance;
- interruptions to the Internet which are not the fault of the Parties;
- circumstances of Force Majeure.
- 5.10. The Client shall have the right to receive consultations from the Contractor regarding questions connected with the subject of this Contract.
- 5.11. The Client shall have the right to use information about the Contractor’s services in its advertising materials during the period of the Contract’s operation:
- 5.12. All rights to informational materials and the Site’s design placed on the Site by the Client independently or by the Contractor at the behest of the Client shall belong to the Client. Moreover, the Contractor shall not have the right to transfer such informational materials to third parties without the consent of the Client.
- 5.13. The Client shall undertake to regularly receive and process orders from the Site.
- 5.14. The Client shall use its own means to process orders and change the status of orders on the Site during their processing in accordance with the list of status given in the Site’s control panel. The status of orders not changed by the Client within a space of 21 (twenty-one) calendar days shall automatically change to the next in accordance with the list of status given in the Site’s control panel.
- 5.15. The Client shall bear full responsibility to the users of the Site for orders made (quality of printing, terms of fulfillment, etc.).
- 5.16. The Client shall bear full responsibility for the Client’s use on the Site of materials requiring special permits (licenses) for which the Client does not have special permits (licenses).
- 5.17. During the period of the Contract’s operation, the Client shall enjoy the non-exclusive right to reproduce, demonstrate and use the models of printing production provided by the Contractor, only in order to obtain orders from Site users and fulfill those orders. All exclusive and trademark rights on models of printing production, including their design, provided in accordance with this Contract shall belong to the Contractor.
- 5.18. The Parties shall not have the right to sell, lease and/or disclose by any other means the personal information of Site users to third parties, except for situations when such is required by legislation in the Parties’ countries.
- 5.19. The Client and Contractor shall bear liability for non-performance or inadequate performance of obligations arising under this Contract.
- 5.20. Either of the Parties shall have the right to terminate this Contract having informed the other Party in writing no less than 30 (thirty) calendar days prior.
- 5.21. Termination of this Contract at the initiative of either of the Parties does not release the Client from the obligation of paying the Contractor for services rendered prior to the Contract’s termination.
6. Contractor addresses and bank details
- Name: Flog LLC
- Account: 40702840664000000223
- National ID: 7017202311
- Address: Belinsky street 18, Tomsk, Russia, 634029
- Name: SBERBANK
- SWIFT: SABRRUMMNH1
- Address: RUSSIAN FEDERATION, NOVOSIBIRSK, UL. SEREBRENNIKOVSKAYA 20