PUBLIC OFFER CONTRACT
the provision of services for creation the site, payment of domain and hosting or creation of interactive programs and systems of database management. The contract is a public offer. This document is published from the date of opening of the site and is valid during the life of the publication.
Resource owner www.finewaysoft.com, hereinafter referred to as the "Contactor", publishes this Contract, is an official proposal, contains all essential conditions of service and the relationship of the Customer and the Contractor.
I. TERMS OF THE CONTRACT
1.1 Favor – type of work on programming services for the internet, reprogramming, website creation, payment of domain and hosting or creation of interactive programs and systems of database management, as well as support and maintenance services previously provided.
1.2 The customer – the person who made the payment services of the Contractor or wishing to obtain this service.
1.3 The Former Customer – the person who has acquired the domain using the site of the Contractor
but was not provided service for the reasons of failure by either party.
1.4 Service - a set of software services that provide access to the service, including the creation of a personal site design, hosting and programs with databases.
1.5 Contactor (including concept of «other contractor») – team of programmers and designers of the Contractor working both in normal and in standalone mode, as freelancers found at the labour exchange like http://freelancer.com.
1.6 Domain – freely choose a name from among the currently available on the internet, produced by any service on the internet at the Customer option, also using www.finewaysoft.com for free, by using resouces from the public registrar www.nic.com, and assigned to the Customer at his personal request.
1.7 Hosting – IT service for a temporary or permanent parking a domain name on rented or in-house equioment of the Contractor, provided by the Contractor for free or paid basis for the Customer.
II. ORDER EXECUTION OF CONTRACT
2.1 In accordance with this Contract, the potential Cutomer chooses through the service provided on the website of the Contracor
anyone he liked domain, pays for it own, directly, through the resouces of the public registrar www.nic.com or through technical support of the Customer, if it is necessary to the Customer. Then, the Customer accesses the Contractor with a request to temporarily place the Client domain on the server of the Contractor, on the basis of provision of physical space on the server and registration of domain on the DNS-server of the Contractor, before the end of negotiations for creation of the resource, writing the terms of reference. Contacting may be effected by telephone or e-mail, where the Customer sets the theme of his future WEB site, basic needs and requirements, general description. During the negotiations, the Contractor decides the resolution for creation of the future resource for the Customer, or refuses for cooperation. Timing of solutions - 7 days. If during 7 days the Customer not decides to obtain the service of the Contractor, the Contractor shall remove from his server the domain of the Former Customer.
2.2 In case of the Contractor is consent to cooperate, the Customer makes an advance payment for a service, and the parties begin to write the terms of reference. After that, the parties go to the writing the program or design creation, placement files of the site on the server, etc.
2.3 Time for writing of the terms of reference, creation of website design, advanced features, database management programs, agreed between the parties separately during the work.
III. SERVICES, TERMS OF EXECUTION AND PAYMENTS PROCEDURE
3.1 Standard cost of services is determined by completeness of service and published on the website, in case of higher complexity tasks, set by the Customer and the Contractor in the dialogue process.
3.2 The Customer pays for the service on the basis of an bull issued by the Contractor for the relevant services by transferring money to the account of the Contractor or by any other means, including electronic currency.
3.4 Additional services, including the modernization of the services provided, are based on the same terms and conditions hereof the Public Offer, as a brand new service. All pretensions for performance of the work, in the case of errors or defective scenarios, the Customer provides to the Contractor in writing form within thirty working days after the deadline of providing the above services. In case of absence of a written pretension within a specified period of service shall be deemed rendered in full and within the specified period and paid will not be reimbursed.
3.5 The Contractor shall not be obliged to provide training for the Cutomer for the use of the product. The Customer is self-produced in the process of writing the terms of reference and in the course of writing programs and scripts (scenarios).
IV. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1 The Contractor is obliged to:
4.1.1 To fulfill the terms and conditions of this Contract.
4.1.2 Fulfill reflected in the accounts of services to the Customer in accordance with the terms of reference and technical specifications of the Service.
4.2 The Customer is obliged to:
4.2.1 To fulfill the terms and conditions of this Contract.
4.2.2 Clearly explain to the Contractor the contents of future resources to the correct spelling in the terms of reference.
4.2.3 Perform payment at the beginning and end of the cooperation.
4.3 The Contractor has a right for:
4.3.1 Refuse to perform this Contract at it sole without explanation to the Customer, and at any stage of execution, both immediately after purchase domain and in the writing of the terms of reference, or during the completion of the creation of a resource, if it turns out, that the Customer has hidden from the Contractor, that the site is created for (it then lists):
software, and any other kinds of information, directly or indirectly violate copyrights and / or related rights, creation of sites of pornography and child erotica, trafficking in persons, arms and drugs, promoting ethnic strife, extremism, terrorism, violence, insulting the honor and / or dignity of any social groups, individuals or any firms and companies, any information, explicitly prohibited by the laws of the world, or the law of the Russian Federation, including those with signs of financial pyramids, for sending mass e-mails (spam), publication or transmit any information or software which contains viruses or other harmful components, implementation of actions, aimed at the disruption of the normal functioning of the elements of the Internet (computers, other equipment or software), not belonging to the Customer, implementation of actions, to obtain unauthorized access to the Network resources (computer, other equipment or information resource), implementation of actions to scan network nodes in order to identify the internal structure of the network, security vulnerabilities, list of open ports, etc., without the express consent of the owner of the resource under test; Other actions not covered by the Contract, but containing the composition of criminal or administrative offense, or violating the rights and legitimate interests of third parties.
4.3.2 Unilaterally change the terms of any clauses of this Contract. Changes made by publishing the text of the Contract on the Contractor's site www.finewaysoft.com
4.3.3 Transfer the right of the Order to «other contractor» in the case of a technical necessity, including orally by telephone, including individual or entrepreneur, without coordination with the Customer, if the Customer has not made the payment. In this case, this contract becomes null, as the parties cease to interact. If the Customer had to pay, then transfer of the Contract to other contractor may be agreed by the parties.
4.4 The Customer has a right for:
4.4.1 Require performance of paid services, including additional (if these services for a period of validity).
4.4.2 Refuse the services of the Contractor prior to the works, or during work, if there are no funds for the continuation of payments.
4.4.3 Make modifications in the terms of reference during the execution of the Contractor's services, make additions and amendments, if it does not change the 90% pre-approved the terms of reference.
V. LABILITY OF THE PARTIES AND CANCELLATION OF IT
5.1 For any failure to perform its obligations under this Contract, parties shall be liable under this Contract and the current legislation of the Russian Federation.
5.2 Any liability of the Contractor for the malfunctioning of products and services, including, but not limited loss of profits, direct or indirect loss or Customer's clients the latest, can not exceed 10 (ten) rubles. This item can not be contradicted or modified by the parties.
5.3 The Contractor does not guarantee the correct operation of software products and services with their incorrect use of the Customer, change system settings and codes, improper use of the products, including the training of the Customer's use of the technical function of the product.
5.4 In case of any of the events listed in paragraph 5.3 of this Contract, responsibility for any direct or consequential loss, including, but not limited loss of profits, loss of confidential information, incur the Cutomer.
5.5 Responsible for all (any) materials, including software and databases, created by the Contractor to the Customer, and located on the Customer's website, incur the Contractor, as well as liability for any pretensions of third parties related to these materials.
5.6 The Contractor shall not be liable for the Customer's intention to further the use or non-use of services. The Contractor does not return the money to the Customer for services made after the acceptance - the final payment for work performed, in accordance with paragraphs of this Contract. Acceptance of final payment confirms the consent of the completeness of the provided service.
VI. FORCE MAJEURE (The action of compelling force)
6.1 Neither party shall not be liable to the other for failure to fulfill obligationsdue to circumstances, emerged the will and desire of the parties and which can not be foreseen or avoided, including declared or undeclared war, decision of state executive, legislative or judicial power, handed down for any reason, civil strife, beyond the control of the prolonged power outage, epidemic, blockade, embargo, earthquakes, floods, fires and other natural disasters, as well as shutting down the server, on which is placed the resource of the Contractor, and other cases.
6.2 A document issued by the relevant competent authority for events, listed in paragraph 6.1. this Contract, is sufficient proof of the existence and duration of the force majeure.
6.3 The party who fails to perform its obligations due to force majeure, shall immediately notify the other party of the impediment and its effect on the performance of the obligations under the Contract. Such notice may be via e-mail (Email), oral communications by telephone and / or through an ad on the site of the Contractor.
VII. DISPUTES RESOLUTION
7.1 All disputes hereunder shall be resolved through negotiations.
7.2 The parties agreed that any disputes not resolved between the Customer and the Contractor through negotiations on the basis of this contract will be settled in the court of the city of Hong Kong.
VIII. PERIOD OF VALIDITY, TERMINATION OF THE CONTRACT
8.1 This Contract shall enter into force upon acceptance of payment and is valid until the parties fulfill their obligations under this Contract.
8.2 The grounds on which this Contract is terminated:
8.2.1 By agreement of the parties.
8.2.2 On other grounds provided for in this Contract and applicable law.
8.2.2 By unilateral decision of the Contractor.
8.3 Termination of this Contract shall not relieve the Customer from his duties on debt repayment.
IX. DETAILS OF THE CONTRACTOR
Address publication: www.finewaysoft.com
Services are not available to persons who have at least 18 years of age. If you are under 18 years old, immediately leave this website.