Public Offer Services Agreement
This is a public contract (hereinafter - the Agreement) within the meaning of Art. 633 of the Civil Code of Ukraine.
All terms and definitions in this Agreement are used in accordance with and within the meaning determined in the User Agreement.
All the services under this Agreement are to be provided to the User by the Website Administration.
Subject of the agreement
- As per this Agreement, the Website Administration provides the User with the Paid services (hereinafter - the Services).
- The list of the services, their cost and terms of provision are indicated in this Agreement and Annexes thereto.
- The list of the Paid services and their costs can be reviewed at https://flagma.es/en/paidservices.
- The list of Services and their cost are subject to change at the discretion of the Website Administration without the prior consent of the User.
- The User receives Paid Services in the form in which they were paid, regardless of the manner the Website Administration would change the services or their costs upon the payment.
Rights and obligations of the parties
- The User has the right to select any Chargeable services out of those proposed by the Website Administration.
- The User has the right to receive the Chargeable services in the form in which they were paid, regardless of the manner the Website Administration would change the services or their costs upon the payment.
- The User shall make the payment for the selected Chargeable service in time and in full.
- The Website Administration has the right to set the list of the Chargeable services, terms of their provision and the costs of such services at their own discretion.
- The Website administration is obliged to provide the possibility to receive the Services paid for by the User.
Cost of services and payment terms
- The cost of the services is set by the Website Administration at https://flagma.es/en/paidservices.
- Payment conditions: bank card 100% prepayment via the integrated payment system.
- The evidence of the Services provision is the fact of the Chargeable service connection. In the absence of unforeseen technical difficulties, about which the Site Administration notifies the User using any communication channels, the Service is connected on the day the Website Administration receives payment from the User.
- The general conditions for the return and non-reimbursement of funds for non-provision of services are stipulated by this Agreement.
- The financial resources are to be returned to the User's account in the personal profile for the Chargeable services not provided in the following cases:
- in case the ad to be deleted during the moderation;
- in case the Administration has not provided the service due to the technical reasons;
- in case the duplicated accounts are deleted, the refund is carried out after the request of the User. The decision to return is taken by the Administration.
- The financial resources are not to be paid back to the User for the not provided Chargeable services in the following cases:
- when placing ads of prohibited goods, services, offers, as well as violating User Agreement (see the clause 4.8 of the User Agreement);
- when blocking an account (see clauses 4.3, 4.4 of the User Agreement);
- when the ad is deleted by the User himself.
- In case of systematic (two and more times) violations of the provisions of this Services Agreement and User Agreement, the Administration has the right not to pay the financial resources back.
Conclusion, validity period, change and termination of the agreement
- This Contract is concluded (accepted) upon the acception of the provisions of this Agreement by the User and is valid until the full completion of the obligation by the Parties.
- The services payment is the automatic evidence of the conclusion (acceptance) of this Services Agreement on the services provision and releases the User from the right to refer to non-conclusion/non-acceptance, misunderstanding, etc. of this Services Agreement provisions.
- The Website Administration has the right to change the provisions of this Agreement at their own discretion. The cost and provisions of the Services paid for by the User shall not be changed.
- Both parties have the right to terminate the contract unilaterally.
- Upon the termination of the Agreement at the initiative of the User, the cost of the paid Services will not be refunded.
- In case of the User's account being blocked in accordance with the provisions of the User Agreement, the funds paid by the User will not be refunded.
Liabilities of the parties and dispute resolvution
- The Parties bear the responsibilities in accordance with the current legislation of Ukraine.
- The Parties shall not be liable for breach of their obligations under this Agreement if it is not their fault. A Party shall be presumed innocent if such Party proves to have taken all measures necessary to ensure the proper performance of the Agreement.
- The Website Administration is not responsible for possible losses of the User due to malfunctions of the Site and other systems integrated into the site (including, but not limited to, payment systems).
- All disputes and disagreements are to be resolved by the Parties via negotiations. In case of failure to reach an agreement, the parties have the right to recourse to court in accordance with applicable law.
- This Agreement is to be signed electronically as per the current legislation.
- As a confirmation of signing the Agreement and acceptance of its terms is the fact of payment for services in accordance with the terms of this Agreement.
- Acceptance of this Agreement confirms that the information and documents provided by the User are correct and comply with current legislation of Ukraine and the statutory documents of the User.
- The User states and guarantees to have all the necessary rights and powers required to conclude this Agreement.
- In cases not provided for by this Agreement, the Parties are governed by the User Agreement and current legislation.