Public Offer Agreement
Installing, start-up or otherwise starting to use the Internet Service means that this Agreement is concluded duly and its terms are agreed in full.
1. BASIC TERMS
1.1. The Licensor, i.e. The Contractor shall be Introvert Infosystems LLC (Limited Liability Company, Kazahstan) represented by the director Ryzhov Alexander, acting on the basis of the Charter.
1.2. The Licensee shall be any legal entity or any individual entered into this Agreement with the Licensor on the terms specified in the Agreement.
1.3. Internet Service (widget) shall be an independent software module working in the Kommo environment and designed to introduce additional capability into the system.
2. SUBJECT OF THE AGREEMENT
2.1. The Licensor grants the Licensee the right to use (simple, non-exclusive license) of the Internet Service (widget) located in the Kommo environment, within the limits of this Agreement, and the Licensee undertakes to pay for it in the manner and on the terms provided in the Agreement.
2.2. This agreement specifies that the Licensee is given the right exclusively to his independent use without the right to copy, modify, sublicense to third parties.
2.3. In accordance with Clause 2 of Article 437 of the Civil Code of the Kazahstan this agreement is deemed as the offer addressed to the undefined group of persons (hereinafter referred to as the Offer) and shall become an agreement between the Licensee (User) and the Licensor as soon as the Licensee agrees to it.
2.4. The Licensee confirms that he has agreed to the terms set forth in this Agreement by checking the box “I have read the terms of this Agreement and agree to these terms" when placing an order.
3. PLACEMENT OF AN ORDER
3.1. Upon activation of the Internet Service, the Licensee agrees to provide the following registration information about himself:
last name, first name, patronymic (if applicable) in Kazahstan; email address; contact phone number; city of residence.
3.2. The Licensor does not change nor edit the registration information about the Licensee without the consent of the latter.
In accordance with Clause 2 of Article 437 of the Civil Code of the Kazahstan (hereinafter referred to as the Civil Code of the Kazahstan), this offer is a public one.
3.3. The Licensor shall be not responsible for the content and fairness of the information given by the Licensee when placing an order.
3.4. The licensee is responsible for the accuracy of the information provided when placing an order.
3.5. When registering on the website, the Licensee opens his Personal Account without fail, wherein all the Orders are displayed with their status (payment / cancellation). The order placing shall be confirmed optionally to the email address specified by the Licensee.
3.6. If there is a technical error on the site at the time of the operation or there is no notification on the successful completion and payment of the Order in the Licensee's Personal Account, the Licensee shall contact the Licensor to receive confirmation of payment for the service within 1 (one) day from the date of payment.
3.7. The Licensee’s payment of the order for services made on the website shall mean the Licensee's consent to the terms of this Agreement.
3.8. Any information available on the website
https://servicepanel.ru is only for reference purposes. Any information about software products and services may be specified by contacting the company via tel.:
+7 (495) 248-01-05.
4. PAYMENT
4.1. The cost of the Services under this Agreement at the time of its conclusion shall be specified in accordance with the current Price List posted at
https://servicepanel.ru.
4.2. Payments under this Agreement shall be made in USD or EUR.
4.3. Payment shall be made independently or on the basis of invoices drawn to the Licensee.
4.4. The Services shall be paid by the Licensee in the way specified on the Licensor's website.
4.5. When paying for the Services by a payment card, the card details shall be entered in the electronic payment system of PJSC JSCB Avangard certified by the Visa Inc. and MasterCard Worldwide payment systems for transactions with 3-D secure authentication. The data you provide is fully protected by the Payment Card Industry Data Security Standard and no one including the Licensor can obtain it.
4.6. The service shall be deemed as paid when the card transaction is successfully completed.
4.7. Activation and deactivation of services shall be carried out within one day when the Licensor receives 100% of the prepayment. The Licensee’s obligation on payment shall be executed on the date of payment via the website https://servicepanel.ru when paying by payment card or on the date of receipt of payment in full to the Licensor's account when paying by bank transfer.
4.8. If there is a technical error on the site at the time of the operation or there is no notification on the successful completion and payment of the Order in the Licensee's Personal Account or if the Licensee does not receive an SMS notification and / or a letter sent to the email address, the Licensee shall contact the Licensor to receive confirmation of payment for services within 1 (one) day from the date of such payment.
4.9. If the Licensor has not received from the Licensee a written claim related to the scope of the granted rights within 10 (ten) days from the date of payment for the License, the non-exclusive right to use the Software shall be deemed provided to the Licensee in full and duly.
4.10. If the Licensor delays the provision of the rights to use the software for more than 10 calendar days, the Licensee has the right to terminate the contract and to demand a refund in the amount of the paid amount.
4.11. If the refusal / cancellation procedure is carried out correctly, the funds shall be returned to the card where the payment was made. Refunds will not be made by other means.
4.12. In case of early termination of this Agreement for any reason, the prepayment is not refundable to the Licensee.
4.13. The Licensor has the right to unilaterally change the terms of payment for new service packages, provided that they are informed by posting information on the website
https://servicepanel.ru or at the Licensee’s demand by sending them to the Licensee’s e-mail. The report on the letter receipt from the owner’s / user’s email shall certify the information delivery to the Licensee.
4.14. For the purpose of organizing payments and acceptance of services rendered under this Agreement, the reporting term shall be a calendar month.
5. PROCEDURE AND RULES FOR USING THE INTERNET SERVICE, USE RESTRICTIONS
5.1. The Licensor provides any and all services on the “as is” basis.
The Licensor does not guarantee that all of its features will be applicable for the Licensee’s specific purpose. Technical failures and temporary interruptions in the provision of services (including those related to the performance of technological and preventive works) are not grounds for presenting any moral, material, property or other claims to the Contractor.
5.2. When using the way for sending messages in the form of email messages provided by the Licensor, the Licensee is obliged to use it only for personalized address sending solely upon the request or prior consent of the recipient.
5.3. The Licensee has the right to use the right granted to him:
- without limiting the territory of the Service use;
- according to the subscription model;
- in any way provided by the agreement and the Service web interface.
5.4. Instructions for installing and using the service are posted by the Licensor at:
https://servicepanel.ru/instruction.html.
5.5. The Licensee ensures independently the availability of equipment that meets the technical requirements for using the Program and accessing the Internet.
5.6. The Licensee is not entitled to take actions that may lead to disruption of the operation of the Licensor’s equipment and resources, to exercise unauthorized access to the Licensor’s resources, to the Service, that may cause or threaten to cause damage and violation of the rights of third parties.
5.7. Licensee uses the granted rights to use the Program at his own risk. The Licensor assumes no responsibility for the Program’s compliance with its intended use.
5.8. The licensee is prohibited from sending commercial offers to the following address lists:
- purchased lists;
- rented lists;
- lists obtained automatically using extractor programs.
5.9. Capabilities of widgets in full are available on the Advanced and higher plans of Kommo. Some capabilities may be lacking in the Base, Start-Up, Micro-Business plans and archived plans.
6. RESPONSIBILITY OF THE PARTIES
6.1. The Parties shall be liable for failure to perform or improper performance of obligations under this Agreement in accordance with the current legislation of the Kazahstan.
6.2. The Licensor is not liable to the Licensee for any damage, any loss of income, profits, lost profits, as well as for any indirect losses incurred by the Licensee during the period of using or not using the Service.
6.3. The aggregate amount of the Contractor's liability under the Agreement, including the amount of penalties (fines, forfeits) and / or reimbursable damages, for any claim or pre-action letter in relation to this Agreement or its performance, is limited to the cost of the payment for the month when the losses were incurred, if these losses are proved by documents.
7. CONFIDENTIALITY
7.1. Any of the Parties undertakes not to disclose confidential information received from the other Party in connection with the execution of the Agreement.
7.2. Confidential information for the purposes of the Agreement means any scientific, technological, commercial, organizational or other information that has actual potential commercial value for the Parties to the Agreement as it is unknown to third parties who could benefit from its disclosure or use, to whom there is no free access on a legal basis and in relation where to adequate measures of protection are taken.
8. PERSONAL DATA
8.1. Registration on the Licensor's website is carried out by installing a widget in the Licensee's Kommo account. When registering on the Licensor's website, the Licensor has the right to request the following information: surname, first name, patronymic, date of birth, passport data, phone number, email address, region, city, organization, position.
8.2. At the same time within the Agreement validity as well as before expiry of the statute of limitations for obligations arising from this agreement, the Licensee gives his consent voluntarily to the Licensor to receive, process, store, use the personal data specified in clause 8.1. as well as account ID data, account domain, account language, account time zone, as well as account administrator data: id, name, login, apihash by providing personal data when registering on the website.
8.3. The Licensee can revoke his consent to the collection, processing, storage, destruction of personal data at any time. If the Licensee withdraws this consent, the Licensor does not guarantee the possibility of further use of the Service by the Licensee.
8.4. For identification purposes the Licensor has the right to require the Licensee to provide a copy of a document confirming his personality, for review and confirmation of age and legal capacity, as well as in order to fulfill the assumed obligations.
8.5. Processing of personal data should be understood as actions (operations) or a set of actions (operations) performed using automation tools or without using such tools with personal data, including collection, recording, systematization, accumulation, storage, specification (update, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data.
8.6. The Licensee gives his consent to the processing of his personal data and (or) the transfer of information about the Licensee in order to:
- conclude and (or) fulfill the Agreement, including (but not limited to) for the provision of service by third parties;
- for the purpose of execution of the Agreement by a third party, incl. in case of assignment of rights and obligations under the Agreement by the Licensor to a third party;
- in order to take the necessary actions to collect debt from the Licensee for the services received, present other requirements to the Licensee, in case of failure to perform (the Licensee’s improper performance of obligations under the Agreement), incl. in case of assignment of rights (claims arising from the agreement to the third parties;
- for the purposes of information and reference services, incl. to prepare and disseminate information in various ways.
9. VALIDITY, MODIFICATION, TERMINATION OF THE AGREEMENT
9.1. The Agreement comes into force from the moment the Licensee accepts the Agreement fully and unconditionally namely registration on the Licensor's website and payment of the License Fee for the right to use an ordinary (non-exclusive) license of the Internet Service, as well as services provided under this Agreement) in full, according to the terms of the License Agreement.
9.2. The Agreement is valid until the Licensor fulfills its obligations to provide services in an amount corresponding to the amount made by the Licensee under the Payment Offer Agreement.
9.3. Termination of the Agreement does not release the Licensee from the obligation to pay off the debt.
9.4. The Licensor has the right to change the terms of this Agreement at any time. Changes to this Agreement come into force within 7 (Seven) days from the date of its publication on the website Licensor.
10. OTHER TERMS AND CONDITIONS
10.1. The pre-trial procedure for the settlement of any disputes is mandatory. The deadline for responding to a written claim is up to 30 calendar days. If the dispute is not settled through negotiations, it is transferred to the Arbitration Court of the Chuvash Republic.
10.2. The Parties have agreed that in order to improve the quality of service, the Contractor reserves the right to record, listen to and store telephone conversations and electronic correspondence.
10.3. Any documents printed in the form of a screenshot from electronic mailboxes, recordings of telephone conversations shall be deemed confirming the provision of services, execution of work, changes to the previously concluded contract and other significant actions until the Party to the contract receives the original document from the other Party.
10.4 The Parties are obliged to inform each other immediately about all cases of unauthorized access to their electronic mailboxes. Performance performed by a Party to the contract in the absence of such notification shall be deemed proper and shall deprive the other Party of the right to invoke such circumstances.
10.5. We agreed that any actions of the Parties when using the Service, documents, applications, messages transmitted by email, graphic files containing scanned pages of this agreement, have the legal force of documents in hard copy are considered valid and are recognized by the Parties.
10.6. The Licensor has the right to request and receive a copy of the Agreement in paper form.
10.7. Calls for technical support, payment, quality of timely receipt of services and other issues regarding card transactions are accepted by phone +7 705 511 89 96 or by email inbox-kz@intr.bz.
Licensor
Intovert Infosystems LLC (Limited Liability Company, Kazahstan)
Email: inbox-kz@intr.b
Postal address: Kazakhstan, Astana, Yesil district, Korgalzhyn highway, building 25A, index 010000
Legal address:Kazakhstan, Astana, Yesil district, Korgalzhyn highway, building 25A, index 010000
tel.: +7 705 511 89 96
Director - Ryzhov Alexander