1. General Provisions.
1.1 This Public Agreement (hereinafter referred to as the “Agreement”) defines the procedure of rendering services and the order of conducting the sale of Goods by the Seller through the IWS. BY, as well as the rights, obligations and relationship between the individual entrepreneur Alexander Berezuev, hereinafter referred to as “Contractor”, represented by Berezuev Alexander Igorevich, acting on the basis of state registration certificate № 490772447, and the client, the buyer, hereinafter referred to as “Client”, who accepted (accepted) the public offer (offer) to conclude this Agreement in accordance with article 408 of the Civil Code of the Republic of Belarus (hereinafter – CC RB). The original and official version of the agreement can be found at https://iws.by/rules/ in Russian. This translation is for reference only.
1.2. In particular, the publication (placement) of the text of the public contract on the website iws.by, at the link https://iws.by/rules/ is a public offer (offer), addressed to a wide range of people to provide the services described in the link https://iws.by/en/product-category/services/ or conduct the sale of goods described in the link https://iws.by/en/shop/.
1.3. The fact of acceptance of the conditions of the Agreement by the Customer is a message of choice and ordering of goods or services, sent by ticking the appropriate field «I have read and accept the rules and conditions of the site» and clicking the «Confirm order» in the «Cart» by means of electronic communication in the order and on the terms specified in the Agreement and the conditions (paragraph 3 of Article 408 of the Civil Code of the Republic of Belarus).
2. Subject matter of the contract.
2.1. The subject of the Agreement is to provide CUSTOMER with the services described at https://iws.by/en/product-category/services/ or to conduct the sale of goods described at https://iws.by/en/shop/.
2.1 The terms of performance of the services, the amount of payment, as well as other information that is essential for the provision of services under this Agreement shall be specified in the CUSTOMER’s order, according to the scope of the ordered services.
2.2. The terms of performance of the purchase and sale, the amount of payment, as well as other information that is essential for the provision of the purchase and sale under this Agreement are specified in the CUSTOMER’s basket, when placing the order on the «Basket» page.
2.3. The Customer undertakes to pay and the Contractor undertakes to provide the service or deliver the purchased goods.
2.4. In the process of forming the order the Customer chooses the Service at https://iws.by/en/product-category/services/, then the coordination of the service and its volume is carried out by contact information of the site, located on the page https://iws.by/en/contacts/. After coordination the order is corrected if necessary.
2.5. After agreeing on the services to be ordered, the Customer receives further instructions according to the stipulated conditions.
2.6. In the process of forming the cart, the Customer chooses the Goods at https://iws.by/en/shop/, adds them to the cart on the site, makes the payment and makes the payment. Purchased goods are delivered after payment to the email indicated by the Customer when the shopping cart is being formed.
3. The procedure for concluding a contract.
3.1 Conclusion of this Agreement is performed by means of the Customer’s accession to this Agreement, i.e. by means of acceptance (acceptance) of this Agreement by the Customer as a whole, without any conditions, exceptions and reservations (Article 398 of the Civil Code of the Republic of Belarus).
3.2. The fact of acceptance of the conditions of the Agreement by the Customer is the message of choice and ordering of goods or services, sent by ticking the appropriate field “I have read and accept the rules and conditions of the site” and clicking the “Confirm order” in the section “Basket” by means of electronic communication, in the manner and on the terms specified in the Agreement and the conditions (paragraph 3 of Article 408 of the Civil Code of the Republic of Belarus).
3.3. This contract shall be deemed to be executed in simple written form, shall not require any paperwork, and shall have full legal effect.
4. Rights and obligations of the parties.
4.1 The CONTRACTOR undertakes:
4.1.1 Provide the Customer with the Service or transfer of Goods, the type and price of which are determined in accordance with Chapter 2 of this Agreement.
4.1.2. Provide the Customer with the Service in the manner determined by the Customer when entering into this Agreement.
4.1.2. Deliver the goods to the Customer in the manner determined by the Customer at the conclusion of this Agreement.
4.1.3. Notify the customer about changes in the service provided by a written message via e-mail or in any other way specified by the customer when placing the order.
4.2 CUSTOMER undertakes:
4.2.1. To pay for the Service or for the Goods according to this Agreement and the invoice issued by the Executor by the payment method of choice described on the page https://iws.by/en/payment/.
4.2.2. When registering on the site to purchase a Service or Goods, it is obligatory to fulfill all the conditions of registration and fill in all the boxes with correct data.
4.2.3. Come to receive the Service on the date and place of its provision, designated by the Contractor on the website https://iws.by/.
4.2.4. Comply with all requirements and rules posted on https://iws.by at https://iws.by/rules/.
4.2.5. Not to place on the technical resources of the EXECUTOR information or software that fall under the restrictions of the current legislation of the Republic of Belarus, including (but not limited to) certain encryption software.
4.3 The EXECUTOR shall be entitled to:
4.3.1. Change the terms and conditions of this Agreement at any time without prior notice to third parties. Changing the terms of the Contract does not affect the rights and obligations of the Customer who paid for the Service or Goods.
4.3.2. Refuse to provide the Service or sell the Goods to the Customer for any of the following reasons:
- The Customer has not paid in full or in part for the Service or Goods;
- The Customer did not fill in the data of the registration form or entered incorrect data in accordance with clause 4.2.2;
- The Customer turned up to receive the Service at a time or on a date that does not correspond to the time or date declared
- The customer violated the requirements and rules posted on the website https://iws.by/
4.3.3. Offer the Customer to replace the Goods with a new one, taking into account the paid amount of Goods, which the Customer wants to give up.
4.3.4. Advise the customer before a refund on the refund procedure.
4.3.6. Deny the Customer a refund for the Goods, after 14 days after the purchase of the Goods.
4.3.4. Use the e-mail address specified by the Customer to inform the latter about new services and goods, news and promotions offered by the Contractor.
5.The cost of services, the order of payment, the procedure for the provision of services
5.1. The cost of the Service provided to the Customer or purchased Goods under this Contract is formed in the order specified in Chapter 2 of this Contract.
5.2. Payment for the Services or Goods is accepted in non-cash form, by the payment methods described on the page available at: https://iws.by/payment/
6. Procedure of acceptance of Services and Goods
6.1. The service shall be considered completed if the EXECUTOR has notified the Customer of the completion of the order and the Customer has made payment through the invoice for the service rendered, without any claim.
6.1. The goods shall be deemed to have been delivered and executed, by handing them over to the Customer at the e-mail address specified in the order after payment has been made.
7. Term of the contract
7.1. This Agreement is entered into for an indefinite term.
7.2. The contract enters into force from the moment of ticking the appropriate box «I have read and accept the terms and conditions of the site» and pressing the «Confirm Order» button in the «Cart» section by means of electronic communication.
8. Liability of the parties
8.1. CUSTOMER and EXECUTOR undertake to ensure the confidentiality of CUSTOMER’s credentials (a set of passwords for access to technical resources of EXECUTOR and other information identifying CUSTOMER. The CONTRACTOR shall not be liable for any damages of any kind incurred by CUSTOMER due to the disclosure of its credentials by the latter. The EXECUTOR shall not be liable for any losses of any kind incurred by the CUSTOMER due to the disclosure of CUSTOMER’s credentials by unauthorized access of third parties to the technical resources of the EXECUTOR. EXECUTOR has access to CUSTOMER’s information, but only for the purposes of technical support of the Services and Goods or in case of third parties’ claims related to malicious and/or illegal actions of CUSTOMER.
8.2. In cases stipulated by the current legislation of the Republic of Belarus and upon application to the CONTRACTOR of the relevant competent organizations and persons, the CONTRACTOR is entitled to inform the specified competent organizations and persons about the CUSTOMER’s credentials.
8.3. CUSTOMER agrees to indemnify CONTRACTOR against claims of third parties who have signed contracts with CUSTOMER for the provision of Services that are partially or fully provided by CUSTOMER through CONTRACTOR’s Services.
8.4. The EXECUTOR is entitled to terminate or suspend the provision of the Services to the CUSTOMER and to terminate the Agreement unilaterally if the CUSTOMER violates the terms of this Agreement.
8.5. CUSTOMER is strictly prohibited to pass his data (logins, passwords, email, etc.) from the account (control panel, FTP, billing panel, admin panels, etc.) to third parties without notifying the EXECUTOR. Transfer of data to a third party occurs only with the permission of the EXECUTOR and is accompanied by a renegotiation of this Agreement with the person to whom the data was transferred from the account.
8.6. For non-fulfillment or improper fulfillment of his obligations under this Agreement, the guilty Party shall be liable in accordance with the applicable laws of the Republic of Belarus, taking into account the specifics set forth in this Agreement.
9. Order of termination of contract
9.1. This contract may be terminated by the EXECUTOR if the CUSTOMER violates the rules stated in this contract.
9.2. CUSTOMER has the right to terminate this contract by applying to the EXECUTOR for termination of this contract, specifying the reasons and explanations in writing, at the contact information located on the IWS.BY website at https://iws.by/en/contacts/.
10. Additional conditions
10.1. The Parties shall be exempt from liability for partial or full failure to perform their obligations under this Agreement if it is a consequence of force majeure circumstances (force majeure) arising after the conclusion of this Agreement as a result of extraordinary events, which the Parties could neither foresee nor prevent by reasonable measures.
10.2. In the event of disputes between the Customer and the Contractor on issues related to the performance of this Agreement, the parties will take all measures to resolve them through negotiations between themselves.
10.3. All matters not regulated by this Agreement shall be resolved in accordance with the applicable laws of the Republic of Belarus.
11. Details of the parties
11.1. The parties agree that the Customer’s requisites are the information specified by him when filling the form for ordering the Service or Goods or registering on the IWS.BY website.
11.1. Details of the Contractor: 247131, Republic of Belarus, Vetka email: admin@iws.by Individual Entrepreneur Alexander Igorevich Berezuev, UNP 490772447.
