This is a copy of the translation from Russian. Official in front of Russian. This option is English for reference.
In accordance with Article 396 of the Civil Code of the Republic of Belarus, a public contract is one of the types of contracts, according to which one party assumes the obligation to provide services to an indefinite number of persons who have requested a corresponding service. A public contract does not require execution on paper and its subsequent signing by the parties; it has legal force by virtue of the performance by the parties of certain actions indicating their will to enter into a contractual relationship.
In particular, the publication (placement) of the text of the public contract on the iws.by website, under the link https://iws.by/en/rules/ is a public offer (offer) addressed to a wide range of persons with the aim of providing IP services to Alexander Berezuev described at the link http://iws.by/services.html. A fact confirming the conclusion of a public contract by the consumer is registration on the website in the client panel (Clause 3 of Article 408 of the Civil Code of the Republic of Belarus). A public contract made in the above manner is considered to be concluded in simple written form (clause 2, clause 3 of article 404 and clause 3 of article 408 of the Civil Code of the Republic of Belarus), and accordingly does not require paperwork and has full legal force .
This Agreement, subject to the procedure for its acceptance, is considered concluded in simple written form (Clause 2, Clause 3 of Article 404 and Clause 3 of Article 408 of the Civil Code of the Republic of Belarus).
This Public Agreement (hereinafter referred to as the “Agreement”) defines the procedure for the provision of services, as well as mutual rights, obligations and the procedure for relations between IE Berezuev Alexander Igorevich, hereinafter referred to as the “Contractor”, acting on the basis of the registration certificate with UNP: 490772447, issued by the Vetkovsky District Executive Committee on August 15, 2013, and the buyer of the service, hereinafter referred to as the “Buyer”, accepted (accepted) the public offer (offer) to conclude this Agreement, and also registered in the client panel on the iws.by website.
1. THE SUBJECT OF THE AGREEMENT
1.1. The subject of the Agreement is the provision to the CUSTOMER of services for the creation, maintenance of sites, as well as other related services in accordance with the provided TK of the customer and the set individual reverse tariff.
1.2. Services are provided after returning by the CONTRACTOR in the download panel.
1.3. The terms of the service, the amount of payment, as well as other information that is essential for the provision of services under this Agreement, are indicated in the customer’s panel.
1.4. The Buyer agrees to pay, and the Contractor agrees to provide the service (hereinafter – the Service).
1.5. The type, quantity, category and cost of the Services are indicated at: http://iws.by/ in the customer’s panel.
1.6. In the process of placing an order, the Buyer selects the Service at https://iws.by/en/services/, then agrees with the contact manager located on the page https://iws.by/en/feedback/.
1.7. After choosing the appropriate Service, as well as agreeing with the manager, the Buyer will receive further instructions
1.6. After agreement with the manager, the Buyer is redirected to the page https://iws.by/en/, where the Buyer needs to specify the data and familiarize himself with this agreement.
1.8. Pressing the “Registration” button is a confirmation of agreement with the terms of this Agreement
2. ORDER OF CONCLUSION OF THE AGREEMENT
2.1. This Agreement is a public agreement (Article 396 of the Civil Code of the Republic of Belarus), in accordance with which the Contractor undertakes to provide the Services to an indefinite number of persons (Buyers) who have applied for the acquisition of the Services.
2.2. The publication (placement) of the text of this Agreement on the website at the following address: http://iws.by/ is a public offer (offer) of the Contractor addressed to an indefinite number of persons to conclude this Agreement (Clause 2 of Article 407 of the Civil Code of the Republic of Belarus).
2.3. The conclusion of this Agreement is made by joining the Buyer to this Agreement, i.e. through the acceptance (acceptance) by the Buyer of this Agreement as a whole, without any conditions, exceptions and reservations (Article 398 of the Civil Code of the Republic of Belarus).
2.4. The fact of acceptance (acceptance) by the Buyer of the terms of this Agreement is the pressing of the “Registration” button located in the customer’s panel defined by this Agreement (Clause 3 of Article 408 of the Civil Code of the Republic of Belarus).
2.5. This agreement is considered to be concluded in simple written form (clause 2, clause 3 of article 404 and clause 3 of article 408 of the Civil Code of the Republic of Belarus), does not require paperwork and has full legal force.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The CONTRACTOR undertakes:
3.1.1. Provide the Buyer with a Service whose type and price are determined in accordance with Chapter 1 of this Agreement.
3.1.2. Provide the Buyer with the Service in the manner specified by the Buyer at the conclusion of this Agreement.
3.1.3. To notify the customer about changes in the provided service by written message via Email and Skype, as well as for residents of the Republic of Belarus via phone call.
3.2. The CUSTOMER undertakes:
3.2.1. Make payment for the Service in accordance with this Agreement and the invoice issued by the Contractor in automated money systems.
3.2.2. When registering on the site for the purchase of the Services, it is mandatory to fulfill all the registration conditions and fill in all the columns.
3.2.3. Appear to receive the Service on the day and place of its provision, indicated by the Contractor on the website https://iws.by/en/.
3.2.4. Follow all the requirements and rules posted on the website https://iws.by/en/ and located at https://iws.by/en/rules/
3.2.5. When posting information and files on the EXECUTOR’s website, be guided by the Civil Code of the Republic of Belarus, the Law of the Republic of Belarus on Mass Media.
3.2.5. Do not post on the EXECUTOR’s technical resources information or software that is subject to the restrictions of the current legislation of the Republic of Belarus, including (but not only) certain encryption software.
3.3. The CONTRACTOR has the right:
3.3.1. At any time, change the terms of this Agreement without prior notice to third parties. Changing the terms of the Agreement does not affect the rights and obligations of the Buyer who paid for the Service.
3.3.2. Refuse the Buyer to provide the Service in the presence of any of the following reasons: – The buyer has not paid in full or in part the cost of the Service; – The buyer did not fill out the registration form in accordance with clause 3.2.3.; – The Buyer appeared to receive the Service at either the date that does not correspond to the time or date declared by the Contractor to provide the Service. -The buyer violated the requirements and rules posted on the site https://iws.by/en/
3.3.3. Refuse the Buyer to refund money, as the refund is not provided by the service.
3.3.4. Use the email address provided by the Buyer to inform the latter about new services and products offered by the Contractor.
4. COST OF SERVICES, ORDER OF PAYMENTS, ORDER OF PROVISION OF SERVICES
4.1. The cost of the Services provided to the Buyer under this Agreement is formed in the manner specified in Chapter 1 of this Agreement.
4.2. Payment for services is accepted in non-cash form to the account of the contractor, as well as in the following ways:
4.2.1. To citizens of Belarus: – Bank cards Visa, Visa Electron, Maestro, MasterCard and Belkart. – Through the calculation system “ERIP”.
4.2.2. Russian citizens: – Bank cards (MIR, Visa, MasterCard, Maestro) – Yandex.Money electronic money – QIWI Wallet Electronic Money – Sberbank Online – Alpha click – Promsvyazbank – Cash in terminals and banks of the Russian Federation.
4.2.3. Citizens of other countries: – Bank cards (account in Belarusian rubles) – Visa, Visa Electron, MasterCard, Maestro. – Bank cards (account in dollars) – Visa, Visa Electron, MasterCard, Maestro.
5. ORDER OF ACCEPTANCE OF SERVICES
5.1. The service is considered to be performed for an individual, if the EXECUTOR notified the customer of the execution of the order, and the customer, without having a claim, made payment through the invoice issued for it, on the service provided.
6.1. This Agreement is concluded for an unlimited period. 6.2. The contract comes into force from the moment you click the “Register” button in the customer’s panel on the site https://iws.by/en/
7. RIGHTS AND RESPONSIBILITY OF PARTIES
7.1. The CUSTOMER and the EXECUTOR undertake to ensure the confidentiality of the CUSTOMER credentials (a set of passwords for access to the EXECUTOR’s technical resources and other information authorizing the CUSTOMER, with the exception of clause 2.6.). The CONTRACTOR shall not be liable for damage of any kind suffered by the CUSTOMER due to the last disclosure of his credentials. The EXECUTOR is not liable for any damage incurred by the CUSTOMER due to the disclosure of CUSTOMER credentials due to unauthorized third-party access to the EXECUTOR’s technical resources. The CONTRACTOR has access to the CUSTOMER’s information, but only for the technical support of the Services or in the case of receiving third-party claims regarding malicious and / or illegal actions of the CUSTOMER.
7.2. In cases stipulated by the current legislation of the Republic of Belarus and when contacting the EXECUTOR of the relevant competent organizations and persons, the EXECUTOR is entitled to inform the specified competent organizations and persons of the CUSTOMER’s credentials.
7.3. The CUSTOMER agrees to exempt the EXECUTOR from liability for claims of third parties who have signed agreements with the CUSTOMER for the provision of Services that are partially or fully provided by the CUSTOMER using the CONTRACTOR’s Services.
7.4 .. The EXECUTOR has the right to terminate or suspend the provision to the CUSTOMER of the Services and terminate the Agreement unilaterally if the CUSTOMER violates the terms of this Agreement.
7.5. It is strictly forbidden to the CUSTOMER to transfer their data (logins, passwords, etc.) from the account (control panel, FTP, billing panel, admin panels, etc.) to third parties without notifying the EXECUTOR. The 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 from the account was transferred.
7.6. For non-performance or improper performance of their obligations under this Agreement, the guilty Party shall be liable in accordance with the current legislation of the Republic of Belarus, taking into account the features established by this Agreement.
8. TERMINATION PROCEDURE
8.1. This agreement may be terminated by the EXECUTOR in case of violation by the CUSTOMER of the rules established by this agreement.
8.2. The CUSTOMER has the right to terminate this agreement, if you contact the EXECUTOR for termination of this agreement, indicating the reasons and explanations in writing, according to the contact information located on the website https://iws.by/en/
9. ADDITIONAL TERMS
9.1. The Parties shall be exempted from liability for partial or full failure to fulfill their obligations under this Agreement if this was a consequence of force majeure circumstances arising after the conclusion of this Agreement as a result of extraordinary events that the Parties could neither foresee nor prevent reasonable measures.
9.2. In the event of a dispute between the Buyer and the Contractor on issues related to the execution of this Agreement, the parties will take all measures to resolve them through negotiations between themselves.
9.3. All issues unresolved by this Agreement are resolved in accordance with the current legislation of the Republic of Belarus, as well as
9.4. This Agreement is considered concluded from the moment you click the “Register” button in the customer’s panel.
10. DETAILS OF THE PARTIES
10.1. The details of the Customer shall be considered the information provided by him during registration in the customer’s panel. 10.2. Details of the Contractor: 247120, Republic of Belarus, Vetka Phone +375 (44) 727-17-25 email: email@example.com IP Berezuev A. I., UNP 490772447