Public offer agreement for the provision of information services
Last modified 01.01.2025.
This Public Offer Agreement (hereinafter referred to as the "Agreement") defines the procedure for the provision of information services, as well as the mutual rights, obligations and procedures for the relationship between Dimitry Bansikov, hereinafter referred to as the "Contractor", and the consumer of services who has accepted the public offer to conclude this Agreement, hereinafter referred to as the "Customer", individually referred to as the "Party", and jointly as the "Parties", as follows:
1. Subject of the Agreement
1.1. Under the contract for the provision of services for a fee, the Contractor undertakes to provide the Customer with information services, hereinafter referred to as the "Services", specified in paragraph 1.2 of this contract, and the Customer undertakes to pay for the ordered services. 1.2. This Agreement applies to the Services posted on the websites: vmeste.eu, myradio24.com, bansikov.de (hereinafter also in relation to all or each separately – the “Website”) 1.3. The name, list, price, composition, type, terms, and other characteristics of the Services are indicated on the Contractor's Website. The Client independently selects and pays for the required Service using the Contractor's Website. 1.4. Any terms of the Agreement may be amended by the Contractor unilaterally at any time without prior notice to the Customer by issuing a new version of the Agreement, subject to its publication on the Website.
2. Procedure for concluding an agreement
2.1. This Agreement is a public agreement, according to which the Contractor undertakes to provide Services to an indefinite number of persons (Customers) who have applied for the said Services. 2.2. The posting of the text of this Agreement on the website at the following Internet address: https://vmeste.eu/offer is a public offer of the Contractor addressed to individuals, sole proprietors and legal entities to enter into this Agreement. 2.3. This Agreement is concluded by the Customer’s accession to this Agreement, i.e. by the Customer’s acceptance of the terms of this Agreement. 2.4. Unconditional acceptance of the terms of this Agreement without any exceptions and/or limitations shall be deemed to be the Customer's confirmation of their agreement with the terms of this Agreement by ordering the selected service or paying the invoice issued by the Contractor to the Customer for prepayment of the ordered Services in the manner and under the conditions specified in the Agreement. 2.5. The terms of this Agreement are the same for all Clients. The Client may not propose its own terms for this Agreement. 2.6. Acceptance of a public offer indicates the Customer’s full and unconditional consent to adhere to the terms of the Agreement.
3. Rights and obligations of the parties
3.1. The Contractor is obliged to: 3.1.1. The Contractor undertakes, at the Customer's request, to provide the Services properly, with high quality, in the volume and within the timeframes stipulated by the Agreement. 3.1.2. At the Customer's request, promptly provide technical support in the event of problems or errors arising while using the Service. 3.1.3. Return the paid funds to the Client in the event of impossibility of further provision of services due to the fault of the Contractor, with the exception of the amount of money for services actually rendered.
3.2. The Customer is obliged to: 3.2.1. Pay for the ordered services based on the invoice issued by the Contractor to the Customer within 3 (three) calendar days from the date of invoice issuance by the Contractor. 3.2.2. The Customer guarantees to the Contractor that it has the necessary legal capacity, as well as all rights and powers necessary and sufficient to conclude and execute the Agreement in accordance with its terms. 3.2.3. The Customer is prohibited from distributing (publishing, posting on websites, copying, transferring or reselling to third parties) for commercial or non-commercial purposes the information and materials provided by the Contractor to the Customer within the framework of this Agreement, creating information products based on it, or using this information in any way other than for personal use. 3.2.4. The Customer is obliged to familiarize themselves with the full current terms and conditions for the provision of Services by the Contractor, specified in the Agreement, as well as in the appendix to the Agreement " Rules for the use of the Contractor's services ", immediately prior to ordering the selected Service. 3.2.5. The Customer shall bear full responsibility for compliance with the requirements of the legislation of the Federal Republic of Germany, including, but not limited to, legislation on advertising, protection of copyright and related rights, protection of trademarks and service marks, including full responsibility for the content and form of the materials.
3.3 The Contractor has the right: 3.3.1. The Contractor reserves the right to unilaterally terminate (refuse) the provision of Services to the Customer in the event of impossibility of providing the Services. 3.3.2. The Contractor has the right to unilaterally suspend the provision of Services if the Client fails to provide the necessary information for the provision of services under the Agreement in full, as requested by the Contractor, or if the Client violates the terms and conditions published in the Appendix to the Agreement " Rules for Using the Contractor's Services " or the terms of this Agreement, as well as current legislation applicable to the legal relations of the parties under this Agreement. The Contractor shall not be liable for any delay in providing services due to the above reasons. 3.3.3. If the Client fails to rectify the violation that caused the suspension of Services within 30 (thirty) calendar days of its discovery by the Contractor, the Contractor has the right to unilaterally terminate this Agreement with the Client without any compensation to the latter. Payments made to this date are non-refundable and will be retained in full by the Contractor as compensation.
3.4 The Customer has the right: 3.4.1. Accept and pay for the Services in the manner prescribed by the Agreement. 3.4.2. The Customer has the right to terminate the use of the Service at any time by notifying the Contractor and paying for the services actually rendered by the Contractor at the time of termination.
4. Cost, payment procedure and refund
4.1. The cost of services is determined based on the rates posted directly on the Website (Clause 1.2 of this Agreement) for the Service being paid for and the invoices generated for payment by the Customer. VAT is not applicable. 4.2. The cost of the Contractor's expenses necessary for the provision of the Services is included in the cost of the Services and is not additionally paid by the Customer. 4.3. Payment is made by transferring funds using one of the available methods listed on the Contractor’s Website. 4.4. The date of fulfillment by the Customer of the obligations stipulated by the terms of paragraph 4.3. of the Agreement shall be the date of receipt of funds in one of the Contractor's accounts. 4.5. Refunds will be issued after the Contractor has reviewed a reasoned claim, stating the reasons, submitted in writing by the Client regarding the ordered Service. Funds will be transferred only to the Client's bank account, card, or e-wallet from which payment was made. All costs associated with this transfer are borne by the Client. The refund claim review period may not exceed seven (7) calendar days. The refund will be processed within seven (7) calendar days of the positive decision to issue the refund.
5. Responsibilities of the parties
5.1. The parties shall be liable for failure to fulfill or improper fulfillment of obligations under this Agreement in accordance with applicable law. 5.2. In the event of early termination of the Agreement at the initiative of the Customer, the funds paid by the Customer will not be refunded, but will be retained as a compensation fee. 5.3. The Contractor is not responsible for the content of the Customer's Data, nor for the content of any information located on the Customer's technical and information resources. The Contractor is not responsible for actions taken by the Customer using the Services provided. 5.4. The Customer bears full responsibility for the information posted on their resource or the Internet space they use. 5.5. The Contractor shall not be liable for failure to provide the Service due to poor performance by a third-party organization providing services for the storage, accumulation, and transmission of information, for the provision of Internet hosting, SMS notification services, etc. 5.6. The Contractor shall not be liable for the inability to provide service to the Customer due to reasons related to the disruption of the Internet channel, equipment, or software on the part of the Customer. 5.7. The Customer shall bear full responsibility for its actions in relations with third parties, as well as before the Contractor, and shall release the Contractor from liability for claims by third parties who have signed contracts with the Customer for the provision of services to third parties, which are partially or fully provided by the Customer using the Contractor's services. 5.8. Under no circumstances will the Contractor be liable to the Client for any direct or indirect damages. The term "indirect damages" includes, but is not limited to, loss of income, profit, anticipated savings, business activity, or reputation. 5.9. The Customer bears all liability to third parties and the Contractor, and releases the Contractor from liability for claims of third parties arising in connection with: 5.9.1. Distribution and/or publication by the Customer of any information that contradicts the requirements of the legislation of the Federal Republic of Germany and the country of such placement, or violates the rights and legitimate interests of third parties. 5.9.2. The placement by the Customer on the technical resources of the Contractor of information, computer programs, databases, other intellectual property, encryption tools and other similar data (content) that fall under the prohibitions or restrictions established by the legislation of the Federal Republic of Germany and the country of such placement, including if this requires a license or other permission from government agencies, copyright holders, or other persons and the Customer does not have such a valid license or permission. 5.9.3. If for any reason the Contractor fails to provide the Services within the agreed timeframe, the Contractor's liability is limited solely to providing the ordered Service within the new timeframe. 5.9.4. The Contractor's aggregate liability under the Agreement, for any claim or demand in relation to the Agreement or its performance, shall be limited to the amount of the payment made by the Customer to the Contractor under the Agreement, and may not include other expenses associated with the performance of activities or the absence thereof by the Customer.
6. Dispute resolution procedure
6.1. The Parties undertake to resolve all disputes and disagreements related to this Agreement through negotiations. 6.2. All disputes and disagreements between the Parties under this Agreement that are not resolved through negotiations shall be settled by the court of Riesa, Germany, in accordance with the laws of the Federal Republic of Germany. The decision of this court shall be final and binding on both Parties.
7. Force majeure circumstances
7.1. The Parties shall be released from liability for partial or complete failure to fulfill their obligations under this Agreement if such failure resulted from force majeure circumstances arising after the conclusion of this Agreement, which the Party could neither foresee nor prevent by reasonable measures. The Parties are obligated to promptly notify each other of the occurrence of force majeure circumstances. 7.2. If force majeure circumstances continue to exist for two months and there are no signs of termination, this Agreement may be terminated unilaterally by either Party by sending a written notice to the other Party.
8. Change of the terms of the Agreement
8.1. The terms of the Agreement may be changed unilaterally by the Contractor. 8.2. The updated version of the Agreement shall be published on the Contractor’s Website no later than 2 (two) days before the new terms of the Agreement come into force. 8.3. The current version of the Agreement is located and accessible on the Contractor’s Website: https://vmeste.eu 8.4. If the Customer continues to use the Contractor's Service after the new terms of the Agreement come into force, this shall constitute the Customer's full and unconditional agreement with the new Terms.
9. Final Provisions
9.1. The Agreement shall enter into force upon ordering the selected service or receipt of funds in one of the Contractor's accounts (in accordance with clause 2.4. of the Agreement) and shall be concluded for an indefinite period until the parties have fulfilled all their obligations under this Agreement. 9.2. The Agreement shall be considered valid until either Party declares termination of the Agreement. 9.3. For all questions and complaints, the Customer can contact us using the contact information located at: https://vmeste.eu/contact 9.4. If for any reason one or more provisions of the Agreement are invalid or have no legal force, this shall not affect the validity or applicability of the remaining provisions. 9.5. By agreeing to the terms of the Agreement, the Customer confirms and guarantees to the Contractor that: 9.5.1. The Customer will provide accurate information about themselves, including when creating an account. 9.5.2. Customer: - has a personal expression of will to conclude the Agreement; - have fully read the terms of the Agreement; - fully understands the subject of the Agreement; - fully understands the meaning and consequences of his actions in relation to the conclusion and execution of this Agreement; - fully and unconditionally agrees with all its terms and conditions, without signing a written copy of the Agreement. 9.5.3. The Customer has become familiar with the information on the content and scope of the Services, the address (location) of the Contractor, the remote procedure for the provision of Services, the cost of Services, the procedure for payment for Services, as well as the period during which the offer to conclude the Agreement is valid. 9.5.4. By accepting the terms and conditions set forth in the Agreement and providing personal information, the Client consents to the processing of their personal data by the Contractor and the right to include it in its own database. The Client agrees that this and other information necessary for the high-quality provision of services under this Agreement may be used for any actions by the Contractor directly related to the fulfillment of its obligations under this Agreement (including, but not limited to, the transfer of such information to payment systems or other contractors). The Client is aware of the scope of their rights under the German Data Protection Act and the inclusion of their personal data in the Administrator's database. 9.5.5. The Client has read and agrees to the Contractor's Privacy Policy at: https://vmeste.eu/privacy
10. Details of the parties
10.1. The Parties unconditionally agree to consider the Customer's details to be the information specified by him when placing an order for the provision of Services.
