Service agreement
Efforta OÜ, hereinafter referred to as the "Seller", on the one hand, and the "Subscriber" on the other, have signed this Agreement on the following:
1. Terminology of the Agreement
The parties to this Agreement for the entire duration of its validity shall accept the following definitions for the following terms:
Service - the right to use software, access to cloud data storage, software for data transmission and other online services.
Subscription - Subscriber's access to the Service for the period specified in the Agreement.
Equipment - equipment for transmitting and recording data that meets the technical requirements determined by the Seller, and other additional equipment required for the implementation of the Service.
2. Subject of the Agreement
2.1. The Subscriber purchases from the Seller, and the Seller provides the Subscriber with the Service (in accordance with clause 1 of this Agreement). If necessary, the Seller provides the Subscriber with the necessary Equipment for an additional payment. When purchasing Equipment on a prepaid basis, it becomes the property of the Subscriber immediately after receipt of payment to the Seller's account. At the same time, the operator provides warranty support for the Equipment within 24 months from the date of purchase.
2.2. Access to the Service is provided to the Subscriber from the moment the Subscriber's payments for the Services (subscription fee and one-time connection fee) are credited to the Seller's account.
2.3. If equipment is purchased on credit, it is the property of the Seller until the Subscriber pays for it in full. At the same time, the Seller's warranty obligations for the Equipment remain.
2.4. Maintenance of Subscribers and warranty support in Europe is carried out by the Seller.
3. Terms of use and return.
3.1. The subscription is considered activated, and the Service begins to operate from the moment of the first login, i.e. from the moment of the first login and password entry on any user Equipment.
3.2. The Subscriber is fully responsible for the correct use and proper storage of the Equipment during the warranty period. Unauthorized use of the Equipment is prohibited and punishable by law.
3.3. The Subscriber has no right to provide access to the Service to third parties. The Subscriber agrees that the Equipment can only be used for personal use. Violation of this provision leads to the termination of access without a refund.
3.4. If the Subscriber loses the password, access code or Equipment, the Seller is not responsible for the losses incurred by the Subscriber. For the issuance of a new password or access code to the Subscriber, the Seller charges the Subscriber a one-time fee of 10 euros.
3.5. The Subscriber has the right to return the Subscription and Equipment to the Seller (in the original packaging without obvious traces of use) within two weeks from the date of receipt, indicating the reason for the return (postage is not refundable).
3.6. After the Seller receives the returned Equipment, the Seller checks the Equipment for a) operability, b) the absence of external and internal damage. In the event that the returned equipment is functional and has no damage, the Seller undertakes to refund the full cost, minus the cost of shipping the Equipment within 20 working days after receiving the Equipment.
3.7. The Subscriber has the right to return the Subscription by notifying the Seller of the return by e-mail to sales@efforta.net within 14 days from the date of activation. In this case, the Seller blocks access to the service and returns the Subscriber the cost of the Subscription within 20 working days.
3.8. The termination of the contract by the Subscriber is not provided in connection with his relocation (change of residence), disconnection of the Subscriber from the Internet, changes in the parameters and data transfer rate from the Seller's server to the Subscriber's Equipment or other changes in the conditions for the implementation of the Service for reasons beyond the control of the Seller.
3.9. A partial refund of the Subscription cost is possible in cases not provided for in clause 3.7. Refunds are the cost of the Subscription minus the administration fee. The amount of the administrative fee is indicated in Annex 1.
4. Terms of payment for Services
4.1. All amounts under this Agreement are paid in EURO at the prices approved by the Seller, in effect at the time of the provision of the Service and including value added tax.
4.2. The Payer must provide the Seller with all the necessary data about himself: full name, full address of residence, telephone. The above data must be up to date. If the Subscriber reports incorrect data and the need to make changes to the Seller's database, the Subscriber is charged a one-time fee of 5 euros.
4.3. The day of payment is the day when funds are credited to the Seller's bank account. The Subscriber is responsible for all banking costs associated with paying for the Subscription.
5. Service price
5.1. This Agreement sets the prices indicated at the time of the conclusion of the agreement on the website efforta.net.
5.2. The subscription fee does not change until the expiration of the concluded Agreement.
6. Seller's obligations
6.1. The Seller undertakes to provide full information about the composition of the Service and the technical requirements for its implementation. The Seller undertakes to inform the Subscriber about all changes to the Service, including the appearance of new applications and new software. The Seller undertakes to notify the Subscriber about the maintenance work performed.
6.2. The Seller is not responsible for the content and data transmitted or stored within the Service.
6.3. The Seller undertakes to advise the Subscriber on setting up and adjusting the software of the Equipment within the framework and during the working hours of the Technical Support Service provided by the Seller.
7. Obligations of the Subscriber
7.1. The Subscriber undertakes to use the Equipment and Services in accordance with the terms of this Agreement.
7.2. The Subscriber is responsible for the obligations specified in the Agreement. The person who signed this Agreement is considered to be acting on his own behalf and at his own expense. The Subscriber must, within 15 days, in any convenient way for him, notify the Seller about the change of name, address of residence and bank details.
7.3. If the Subscriber has information (or suspects) that someone is unauthorized using his access codes to the Services, he is obliged to immediately inform the Seller about it in order to change the code.
7.4. The Subscriber undertakes not to upload, download, store, share, display, broadcast, distribute, email, share a link, transmit or otherwise provide any files, data or content that violate any copyright or other proprietary rights of any person or organization.
8. Suspension of using services
8.1. The Seller reserves the right to suspend access to the Service, to which the Subscriber is subscribed, without prior notice and any compensation in the following cases:
· failure of the Subscriber to fulfill any of his obligations under this Agreement,
· unauthorized use of the Services,
· circumstances of force majeure.
9. Duration and termination of the contract
9.1. The term of the Agreement is determined by the duration of the Subscription and starts from the moment of purchasing the Service.
9.2. During the term of the agreement, the Seller may at any time terminate the agreement indefinitely for a good reason, namely:
a) The Subscriber is preparing to enter or has entered the bankruptcy process;
b) The Subscriber uses the services and goods received from the Seller for fraudulent purposes, violates applicable civil and criminal law, public order or customs, or if he raises appropriate suspicions;
c) violation by the Subscriber of the copyright of any third parties.
10. Force Majeure
10.1. The Seller is not liable to the Subscriber for failure to fulfill obligations under the Agreement due to circumstances that arose against the will and wishes of the Seller and which could not be foreseen, avoided and overcome: natural disasters, laws, decrees and regulations or omissions of Governments or other authorities, or others parties for which the Seller is not responsible.
11. Dispute resolution
11.1. All disagreements between the parties should be resolved through negotiations. In cases where agreement could not be reached, the dispute between the parties should be resolved in court in accordance with the rules established by applicable law. The court's decision is final and enforceable by both parties. The unsuccessful party pays the legal costs unless the court makes a different decision. Place of legal proceedings - Tallinn, Estonia.
12. Data privacy
12.1. The Subscriber undertakes not to transfer access codes and other confidential data under this Agreement to third parties. Responsibility for damage resulting from violation of this clause lies with the Subscriber.
12.2. The Seller undertakes to keep secret all the data received by him from the Subscriber under this agreement (name, address, access code, bank details, cost of services, etc.) in all cases when this does not contradict the current legislation.
13. Other
13.1. The Subscriber confirms that he agrees with the terms of the Agreement. If one of the provisions of this Agreement is found to be invalid by law, the other provisions will remain in effect.
13.2. All changes and additions to this Agreement are valid only if they are executed in the form of an additional written agreement signed by both parties.
14. Requisites
Seller:
Efforta OÜ
Register code: 12889757
Tornimäe tn 3 // 5 // 7, 2 korrus, Tallinn 10145, Harju maakond, Estonia
VAT # EE102364398
ANNEX 1.
To the Service Agreement
The amount of the Administrative fee depends on the time elapsed from the moment the Subscription was activated until the date of the refund request, and amounts to:
|
Days from activation date |
withholding amount (euro) |
|
5-15 days |
30 |
|
16-30 days |
50 |
|
every next 30 days, plus |
15 |