Public Offer Contract
IMPORTANT NOTICE: Before you start using the Internet services, please carefully read the terms and conditions of their use as laid down in this Offer Contract.
The moment of full and unconditional acceptance of the Company's offer to conclude the Contract (that is, acceptance of the offer) in compliance with Article 454 of the Civil Code of the Republic of Armenia (RA) shall be deemed the prepayment for the Company's services. The Contract concluded by accepting this offer shall be governed by the civil law regulations on the contract of adhesion (Article 444 of the RA Civil Code), since its terms and conditions are determined by the Company within this offer and may be accepted by any person exclusively by adhering to the offered Contract as a whole. Any installing or launching of the Internet Service or starting to use it in any other way shall mean proper conclusion of this Contract and full acceptance of all the terms and conditions thereof. The use of the Service shall be permitted only after the full and unconditional acceptance by the Licensee of the terms and conditions of this Contract. The text of the Public Offer Contract for Provision of Paid Internet Services is posted on the website at: https://gosklad.com/offer:
1. BASICTERMS
1.1. Licensor: GOSKLAD Limited Liability Company, hereinafter referred to as the "Contractor", represented by its Director Egor Kondratenko, TIN№ 00514814;
1.2. Licensee: any legal or physical person who has concluded a Contract with the Licensor on the terms and conditions laid down in the Contract;
1.3. Internet Service: access to GoSklad service provided through gosklad.com website.
2. SUBJECT OF THE CONTRACT
2.1. The Licensor shall grant the Licensee a right to use the (simple, non-exclusive) license of the Internet Service located on the Licensor's website at: https://gosklad.com as well as the additional services related to the said Service within the limits set in this Contract, and the Licensee shall undertake to pay for it in the manner and on the terms and conditions prescribed herein.
2.2. This Contract shall provide for granting of the right exclusively for independent use by the Licensee without any right to copy, modification or sublicensing to any third parties.
2.3. This Contract shall constitute under Article 451 of the RA Civil Code an offer addressed to an indefinite group of persons (hereinafter referred to as the “Offer”) and shall develop into an agreement between the Licensee (User) and the Licensor once the Licensee agrees to it.
2.4. By signing the Public Offer Contract, you agree to processing of your personal data in compliance with the Personal Data Processing Policy published on the Licensor's website: https://gosklad.com.
2.5. The Licensee shall confirm their acceptance of the terms and conditions set forth in this Contract by checking the box "I have read the Terms and Conditions of the Contract and I agree to the Terms and Conditions" when making an order.
3. ORDERING
3.1. For the purposes of Article 453(2) of the RA Civil Code, this document shall constitute GOSKLAD Limited Liability Company’s Public Offer on Concluding a Contract. The content of this Public Offer is posted and freely available on the website owed by the Contractor at: https://gosklad.com/.
3.2. The terms and conditions and the procedure for concluding the Contract shall be governed by RA Civil Code norms regulating the procedure and terms and conditions for submitting public contracts (Article 442 of the RA Civil Code), contracts of adhesion (Article 444 of the RA Civil Code), offer and acceptance thereof (Articles 451-459 of the RA Civil Code).
3.3.When ordering the services, the Licensee shall undertake to provide their registration details as follows: last name, first name, patronymic (if any) in English; e-mail address; contact number; city/town of residence, as well as any and all data as laid down in the Personal Data Processing Memo.
3.4. The Licensor shall not modify or edit the Licensee’s registration details without their consent. This proposal shall constitute a public offer under Article 453 of the RA Civil Code (hereinafter referred to as the “RA CC”).
3.5. The Licensor shall not be responsible for the content and credibility of the information provided by the Licensee when making an order.
3.6. The Licensee shall be responsible for the credibility of the information provided when making an order.
3.7. Payment by the Licensee of an order for services made via the website shall mean that the Licensee agrees to the terms and conditions of this Contract.
3.8. Once the Consumer takes the actions recognized as acceptance of the offer as provided for in the Contract, they shall not be entitled to provide any reasoning as to not being familiar with the terms and conditions of the Offer and/or disagreeing with any of the terms and conditions and/or any document and shall not on those grounds be entitled to dispute the fact of conclusion of the Contract and/or applicability of any term and condition thereof.
3.9. All the informative content available on the website https://gosklad.com shall be intended for reference only. For any information about the software productsand services, please feel free to contactus by:
E-mail:noreply@gosklad.com
Telegram bot:https://t.me/goskladbot
WhatsApp phone number: +374 55 807935.
4. PAYMENT
4.1. The cost of the Services under the Contract at the time of conclusion thereof shall be determined in compliance with the current Price List posted at: https://gosklad.com/.
4.2. Any payments under this Contract shall be made in US dollars.
4.3. The payment shall be made either independently or based on the invoices issued to the Licensee.
4.4. The Licensee shall pay for the Services by the methods specified on the Licensor's website.
4.5. The service shall be considered paid-up upon the successful completion of the account transaction.
4.6. The services shall be activated and deactivated within 1 day upon receipt by the Licensor 100% of the prepayment. The moment of fulfillment by the Licensee of their payment obligations shall be as follows: the date of payment – in case of paying by using the payment account details through the website: https://gosklad.com; the date when the funds are fully credited to the Licensor’s settlement account – in case of paying by bank transfer.
4.7. In case any technical error occurs on the website at the time of the transaction, or the Licensee does not receive an SMS notice and/or a letter to their e-mail address, the Licensee must contact the Licensor to receive confirmation of the payment for the services within 24 (twenty-four) hours upon the time of the payment.
4.8. If within 10 (ten) days from the date of payment for the License, the Licensor has not received from the Licensee any written claim related to the scope of the granted rights, it is considered that the non-exclusive right to use the Software has been granted to the Licensee fully and properly.
4.10. In the event the Licensor delays the transfer of rights to use the Software for more than 10 calendar days, the Licensee has be entitled to terminate the Contract and demand a refund in the size of the amount paid.
4.11. In the event of a correctly conducted refusal/cancellation procedure, the funds shall be paid back to the Licensee’s (legal entity) settlement account. No refunds by any other means shall be made.
4.12. In the event of early termination of this Contract for any reason whatsoever, the amount of the prepayment made shall not be refundable to the Licensee.
4.13. The Licensor shall be entitled to unilaterally change the terms and conditions of payment for new service packages, provided that they post a notification thereof on the website:https://gosklad.com/ or at the Licensee’s request, sendit to the e-mail specified by the Licensee. The report on the receipt of the letter by the owner/user of the electronic mailbox shall indicate that the information has been brought to the attention of the Licensee.
4.14. For the purpose of arranging settlements and acceptance of the services rendered under this Contract, the reporting period shall be deemed to cover a calendar month.
5. RULES AND PROCEDURE FOR USING THE INTERNET SERVICE, LIMITATIONS OF USE
5.1. The Licensor shall provide services on an "AS IS" basis. The Licensor shall not guarantee that all of its functionalities will be applicable for the specific purpose of the Licensee. Any technical interruptions and temporary suspensions in provision of the services (including those related to technological and preventive maintenance) shall not serve as a ground for filing any moral, material, property or any other claims whatsoever against the Contractor.
5.2. When using the mechanism for sending messages in the form of “email” messages provided by the Licensor, the Licensee shall be under obligation to use it only for personalized targeted sending, solely at the request or with the prior consent of the recipient.
5.3. The Licensee shall be entitled to use the right granted to them:
● Without any limitation as to the territory of the use of the Service;
● By subscription model;
● In any way provided for by the Contract and the web interface of the Service.
5.4. The Licensee shall independently ensure availability of the hardware that meets the technical requirements for using the Software and accessing the Internet.
5.5. The Licensee shall not be entitled to take any actions that may lead to any malfunction of the Licensor’s hardware and resources, unauthorized access to the Licensor’s resources or Services, or damage or threats of damage to and violation of the rights of any third parties.
5.6. The Licensee shall exercise the granted rights to use the Software at their own risk. The Licensor shall no assume any responsibility for compliance of the Software with the purpose of the use.
5.7. The Licensee shall be prohibited from sending any commercial offers to the address lists below:
● Purchased lists;
● Rented lists;
● Lists generated automatically by using extractor software.
6. RESPONSIBILITY OF THE PARTIES
6.1. For non-fulfillment or improper fulfillment of their obligations under this Contract, the Parties shall be liable in compliance with the current legislation of the Republic of Armenia.
6.2. The Licensor shall not be liable to the Licensee for any damage as well as for any loss of income or profits, lost profits or any indirect losses incurred by the Licensee throughout the term of use or non-use of the Service.
6.3. The total amount of the Contractor's liability under the Contract, including the amount of sanctions (penalties, fines) and/or recoverable losses for any action or claim with regard to the Contract or execution thereof shall be limited by the cost of the payment for the month when the damages were incurred, if such damages are documented.
7. CONFIDENTIALITY
7.1. Each of the Parties shall undertake not to disclose any confidential information received from the other Party with regard to execution of the Contract.
7.2. For the purposes of the Contract, confidential information shall mean any scientific and technical, technological, commercial, organizational or any other information of an actual potential commercial value for the Parties under the Contract due to its being unknown to any third parties who might benefit from its disclosure or use, which is not freely accessible on a legal basis and with regard whereof protection measures adequate to its value are taken.
8. PERSONAL DATA
8.1. Upon registration with GoSklad Service, the Licensor shall be entitled to request the information below: Last Name, First Name, Patronymic, date of birth, passport details, phone number, e-mail address, date of birth, region, city, organization, and title.
8.2. Also, for the term of the Contract as well as for the term until the expiry of the limitation period for the obligations arising from the Contract, the Licensee shall voluntarily express their consent for the Licensor to receive, process, store and use the information on the personal data as specified in Clause 8.1 hereof as well as account ID data, account domain, account language, account time zone and account administrator data: ID, name, login, and API hash, by providing their personal data when registering for the service GoSklad.
8.3. The Licensee may at any time revoke their consent for collection, processing, storage, or destruction of their personal data. If the Licensee revokes such consent, the Licensor shall not guarantee the possibility of any further use of the Service by the Licensee.
8.4. For identification purposes, the Licensor shall be entitled to require that the Licensee provides a copy of their ID document to get familiar with them and confirm their age and legal capacity and to fulfill the obligations assumed by them.
8.5. Personal data processing shall mean the actions (operations) or the set of actions (operations) performed by using or not using personal data automation tools, including collection, recording, systematization, accumulation, storage, clarification (updating, modification), retrieval, use, transfer (sharing, provision, access), depersonalization, blocking, deletion, and destruction of personal data.
8.6. The Licensee shall express their consent to processing of their personal data and/or transfer of information on the Licensee for the purposes below:
● Conclusion and/or execution of the Contract, including (but not limited to) for provision of service maintenance by the third parties;
● Execution of the Contract by a third party, including in case of assignment by the Licensor of their rights and obligations under the Contract to a third party;
● Taking the necessary actions to collect debts from the Licensee for the services received, posing any other requirements to the Licensee in case of non-fulfillment (improper fulfillment by the Licensee of their obligations under the Contract), including in case of assignment of any rights (claims) arising from the Contract to any third parties;
● Information and reference services, including preparation and dissemination of information in various ways.
9. VALIDITY OF THE CONTRACT. AMENDMENT, TERMINATION
9.1. The Contract shall take effect once the Licensee fully and unconditionally accepts the Contract, that is, pays the License Fee for the right to use (a simple (non-exclusive license) in full the Internet Service and services provided under this Contract in compliance with the terms and conditions of the License Contract.
9.2. The Contract shall be valid until the Licensor fulfill their obligations to provide services in the volume corresponding to the amount of the payment made by the Licensee under the Offer Contract.
9.3. Termination of the Contract shall not exempt the Licensee from their obligation to repay their debt.
9.4. The Licensor shall be entitled at any time to amend the terms and conditions of this Contract. Any amendments to the Contract shall take effect within 7 (seven) days upon their posting on the Licensor's website.
10. FORCE MAJEURE
10.1. The Parties shall be exempted from any liability for partial or full non-performance of their obligations under the Contract if such non-performance has been caused in consequence of the force majeure. Force majeure situations shall be deemed those that have arisen after the conclusion of the Contract and have directly affected the performance of the obligations prescribed by the Contract and due to their nature might not have been foreseen or prevented by the Party invoking the impact thereof (fires, floods, earthquakes, rebellions, wars, military actions, epidemics, etc.).
10.2. Availability of a force majeure may be evidenced by the statements issued by the competent authorities.
10.3. If the force majeure persists for over 2 (two) months, each of the Parties shall have the right to terminate the Contract. At that, termination of the Contract on such grounds shall not give rise of any rights for the other Party to claim the damages caused by such termination.
11. MISCELLANEOUS
11.1. The pre-trial procedure for settlement of any disputes shall be mandatory. The response time to a written claim shall be up to 30 calendar days. Unless the dispute is resolved through negotiations, it shall be brought before the general jurisdiction court of Yerevan city.
11.2. The Parties have agreed that any actions of the Parties when using the Service, documents, enclosures, messages, or graphic files containing scanned pages of this Contract sent by e-mail shall have the legal force of hard-paper documents, shall be deemed valid and shall be accepted by the Parties.
11.3. The Licensor shall be entitled to request and receive a hard-paper copy of the Contract.
11.4. Technical Support contacts:
E-mail: noreply@gosklad.com
Telegram bot:https://t.me/goskladbot
Whatsapp: number: +374 55 807935.
No phone call support is provided.
13. CONTRACTOR’S BANKING DETAILS
GOSKLAD LLCA/N:
Ardshinbank CJSC
E-mail: info/noreply@gosklad.com
Tel.: +374 55 807935.
TIN: 00514814
Address: c. Yerevan, 47/179, Khorenatsi St
Director E.A.Kondratenko
