Public offer (contract) for the provision of paid online access services to the ScriptCaller.com website

Sofia
Valid from February 27, 2024


1. General provisions, terms and definitions

1.1. UKTA LLC, hereinafter referred to as the "Executor", offers any individual or legal entity paid services for access to the service https://scriptcaller.com (hereinafter - Services).

1.2. This offer is a Public offer. The Customer is a natural or legal person, an individual entrepreneur, who accepted (accepted) this offer. Full and unconditional acceptance of the terms of the offer is the payment of the services of the Performer.

1.3. The text of this Public offer (hereinafter - the Agreement/Offer/Contract-offer/Service provision agreement) is located at: https://scriptcaller.com/offer.

1.4. Web service (Service) - software "ScriptCaller", located on the Internet at https://scriptcaller.com, as well as other software that may be provided by Order;

1.5. Service - providing the Customer with the opportunity to use the web service and its functions by remote connection via the Internet in volumes and for the periods specified in the Order.

1.6. Order - a list and specification of the services provided by the Performer (their names, quantity, terms of provision, cost, etc.), selected and paid for by the Customer in the Personal account on the official website of the Performer https://scriptcaller.com.

1.7. Personal account is a personal section of the Service, available to the Customer after registration and/or authorization on the Site. It is intended for managing the Customer's personal information, placing orders, viewing statistical information about completed orders, working with the functionality of the Service, and receiving notifications in the form of notifications.

1.8. Technical support of the Service - consultation and other technical assistance related to the operation of the Service, provided to Users by representatives of the Performer. The procedure for providing Technical support is determined in clause 7 of this Agreement-Offer.

2. Subject of the Agreement

2.1. The Executor grants the Customer the right to use the Service in accordance with the terms set forth in the Order. The Customer agrees to pay the Executor for the provided Service.

3. Rights and Obligations of the Parties

3.1. The Executor shall:
3.1.1. Provide the Customer with the Services specified in the Agreement and paid for by the Customer in accordance with their Order;
3.1.2. Provide Technical support in the manner and under the conditions determined by this agreement. The service does not include configuration of user's software or hardware;
3.1.3. Maintain the confidentiality of the Customer's information obtained from them during registration in the Executor's accounting system;
3.1.4. Not modify or edit the registration information about the Customer without their consent;
3.1.5. Notify the Customer of known malfunctions on the Website that may lead to loss or damage to the information placed by the Customer, changes in payment rates, technical maintenance of the Website by publishing messages on the website.
Technical interruptions and temporary suspension of services (including those related to technological and preventive work) are not grounds for making any moral, material, property, or other claims against the Executor.

3.2. The Customer shall:
3.2.1. Enter and fill in their data necessary for the provision of the Service correctly and without errors. Provide the Executor with accurate documents and information;
3.2.2. Provide the Executor with the information and documents necessary for the performance of its obligations under the Agreement, in accordance with the requests of the Executor;
3.2.3. Pay the cost of the Service in accordance with the terms of the Agreement and the Order;
3.2.4. Independently monitor the information received from the Executor to the Customer's address, including to the email address and the Customer's Personal Account;
3.2.5. Not to disseminate false information about the Executor and the Service provided by them or any other information that contradicts the requirements of the current legislation of the EU, not to obstruct the activities of the Executor;
3.2.6. Independently monitor the state and replenishment of their balance in the Personal Account of the Website and timely and in full make advance payment for the Services;
3.2.7. Independently ensure the stable operation of the technical means of the Customer, through which the Customer accesses the Executor's Website, as well as technical communication channels of the Customer.

3.3. The Customer is prohibited from:
3.3.1. Using the Service in violation of the terms of this Agreement;
3.3.2. Providing third parties with authorization data of their account for using the Service;
3.3.2. Interfering with the functioning of the web service, as well as attempting to access services not intended for the Customer;
3.3.3. Disclosing the technology, unlawfully accessing the source code or otherwise attempting to obtain the source code of the web service and services provided through it;
3.3.4. Using the Service in a way that may interrupt or disrupt the normal functioning of the Service;

3.4. The Executor has the right to unilaterally revise the prices for the Services, change and introduce new tariff plans. However, for Customers who have already paid for the services, the Services will be provided for the term and at the cost specified in the current Order, without taking into account subsequent tariff changes.

3.5. At the time of receipt of the first payment for the services rendered, the Agreement is considered accepted by the Customer in full. Its signing by the parties is not mandatory.

3.6. If within 2 (two) days from the date of payment of the Order, the Executor has not received from the Customer a demand for a refund or substantiated (motivated) claims or objections to the quality, volume, or terms of the Services, the obligations of the Executor under the Agreement are considered fulfilled and the funds are not refunded, and signing acts of rendering services is not required.

3.7. The Customer has the right to demand a refund within two working days from the date of payment. To do this, they must send their request by email to [email protected]. After the specified time, the funds are not refunded.

3.7.1. Funds in the event of a correctly executed refusal/cancellation procedure are returned to the card (bank account of the organization) from which the payment was made. Refund by other means is not made.

3.8. The Executor has the right to establish their own time frames for storing information in the Customer's account and is not responsible to the Customer for the loss of their placed information in case of expiration of the storage period or as a result of unlawful actions or inaction of third parties. This also applies to cases of incorrect operation of equipment of subcontractors or providers of the Internet network.

3.9. The exclusive and non-exclusive rights to the web service and other software used by the Executor for providing services belong to the Executor and are not transferred to the Customer.

3.10. The Executor has the right to make any changes (including visual design, program code, etc.) to the functionality of the Service if such changes do not affect the purposes and objectives for which the Service is used.

3.11. If the Customer does not have valid paid Orders for 90 consecutive calendar days, the Executor has the right to cancel the registration of the Personal account without notifying the Customer, deleting all information contained therein.

3.12. The Parties are not entitled to transfer their rights and obligations under the contract to third parties without the written consent of the other Party.

4. Cost of Services and Payment Procedure

4.1. The cost of the Services is determined at the moment of their payment by the Customer in accordance with the placed Order. Payments under this Agreement are made in rubles.

4.2. The Services are provided on the terms of 100% (one hundred percent) advance payment, which is made by the Customer by transferring funds to the current account of the Executor (for Customers - legal entities or individual entrepreneurs) or by bank card through acquiring payment systems (for Customers - individuals), or by PayPal.

4.3. The responsibility for the correctness of the payments made by the Customer lies with the Customer.

4.4. The date of payment for the Services is considered to be the date of receipt of funds on the Executor's current account.

4.5. In case of delay in payment for services for more than 1 (one) second (non-receipt of funds on the Executor's current account), the Customer's access to the full functionality of the Service is restricted.

4.6. All expenses related to the transfer of funds using payment systems and services (including, but not limited to, fees and commissions of these systems, taxes, etc.) are paid by the Customer independently and at their own expense.

4.7. It is not possible to switch to a cheaper Order until the period for the paid Order is completed.

4.8. For the purpose of organizing settlements and services under this Agreement, the reporting period is recognized as a period of 30 days.

5. Liability of the Parties

5.1. The Customer is responsible for compliance with the applicable legislation of the information posted by them in the Service.

5.2. Under no circumstances shall the Executor be liable to the Customer for indirect losses. The term "indirect losses" includes, but is not limited to: loss of income, profit, expected savings, business activity, or reputation.

5.3. The Executor shall not be liable for the disclosure of Customer information resulting from the unlawful activities of third parties.

5.4. The total amount of the Executor's liability under the Agreement, including the amount of penalty sanctions (penalties, fines) and/or damages to be reimbursed, under any claim or claim regarding the Agreement or its performance, is limited to the cost of payment for the 30-day period in which the losses were incurred, if such losses are documentedly confirmed.

6. Term of the Agreement and Amendment and Termination of the Agreement

6.1. The Agreement enters into force at the moment of payment by the Customer for the Services according to their chosen Order and is valid for the entire term of the Order.

6.2. All disputes and disagreements are resolved through negotiations between the parties.

6.3. In case of early termination of this Agreement at the initiative of the Customer, the funds paid by the Customer, except for those that may be demanded based on clause 3.7. of this Agreement, are not refunded.

6.4. This Agreement supersedes all previous oral or written agreements between the Parties regarding the subject matter of the Agreement. This Agreement replaces all previous information that was or could have been available to the Customer regarding the procedure of provision, acceptance, and payment for Services.

6.5. In case of termination of services by the Executor under this Agreement, all its rights and obligations shall be transferred to the legal successor which assumes the authority to provide such services. The new contract, in this regard, can be accepted at the initiative of the Customer. In the absence of such an initiative, the parties shall be entitled to continue cooperation on the basis of this Agreement.

7. Technical Support

7.1. User Technical support is provided in accordance with the Order.

7.2. When communicating with a support service specialist, the Customer must be polite and not use foul language.

7.3. Consulting the Customer by a technical support specialist is carried out through a chat on the website or by email [email protected].

7.4. Technical Support working hours:
Mon-Fri: from 9:00 to 18:00 (GMT+3)

7.5. Technical support processes only those requests related to the operation of the Service.

7.6. A response to a written request from the Customer is provided within 24 hours from the time of the request.

Executor: UKTA LLC


Customer: