Public Offer Agreement

Under this Agreement, the Seller on one side, and any person who accepts the terms of this public offer — the Buyer, on the other side, hereinafter jointly referred to as the Parties, enter into this public offer Agreement (hereinafter — the Agreement), addressed to an unlimited number of persons and being an official public offer of the Seller to conclude a purchase agreement for products in the relevant section of the virality.tg website.

1. General Provisions

  1. 1.1. This Agreement is concluded by providing the Buyer's full and unconditional acceptance of this Agreement in full, without the signature of a written copy by the Parties.
  2. 1.2. The Buyer confirms having read and agreed to all the terms of this Agreement in full by acceptance.
  3. 1.3. Any of the following actions constitutes acceptance of this public offer:— Registration on the Contractor's website and placing an order on virality.tg — Payment for the Contractor's services as specified in this Agreement and on relevant pages of the Contractor's website virality.tg;
  4. 1.4. By entering into this Agreement, the Buyer automatically agrees to the full and unconditional acceptance of its provisions, the service prices, and all annexes, which are an integral part of the Agreement.
  5. 1.5. If the Buyer does not agree with the terms of the Agreement, they are not entitled to enter into this Agreement or use the Services hereunder.

2. Terms and Definitions

  1. 'Public Offer Agreement' — A public contract, a sample of which is posted on virality.tg.
  2. 'Acceptance' — The Buyer's full and unconditional agreement to conclude this Agreement in full, without the Parties signing a written copy.
  3. 'Services' — One or more IT services (i.e., data delivery services from other cloud services to the Buyer), provided by the Contractor, and listed in the relevant section of the Contractor's website virality.tg.
  4. 'Buyer' — any capable natural or legal person, or individual entrepreneur, who has visited virality.tg and accepted this Agreement.
  5. 'Contractor' — a business entity or individual providing IT services.
  6. 'Order' — a duly completed application by the Buyer for Services, addressed to the Contractor.
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3. Subject of the Agreement

  1. 3.1. The Contractor undertakes to provide the Buyer with IT Services (namely, access to the web application) under the conditions and in the manner determined by this Agreement, and the Buyer undertakes to accept and pay for the ordered services.
  2. 3.2. The Parties confirm that this Agreement is not a fictitious or sham transaction or a transaction made under duress or deception.

4. Contractor's Rights and Obligations

  1. 4.1. The Contractor is obliged to: — fulfill the terms of this Agreement; — provide the Buyer with quality services; — objectively inform the Buyer about Services and their terms on virality.tg
  2. 4.2. The Contractor has the right to: — unilaterally suspend the provision of services under this Agreement if the Buyer violates its terms; — other rights as provided by applicable law and this Agreement.

5. Buyer's Rights and Obligations

  1. 5.1. The Buyer is obliged to: — timely pay for ordered Services under this Agreement; — familiarize themselves with the information posted on the Contractor's website.
  2. 5.2. The Buyer has the right to: — place an Order for the services listed on virality.tg; — demand the provision of Services in accordance with this Agreement; — other rights as provided by applicable law and this Agreement.

6. Order Procedure

  1. 6.1. The Buyer independently places an order on virality.tg by filling out the order form, using the payment system by clicking the 'Connect' button, or by ordering via a Telegram manager.
  2. 6.2. The Contractor's order processing time is up to 3 (three) business days from the time of order. If the order is placed on a weekend or holiday, the order processing period begins on the first business day thereafter.

7. Agreement Price and Payment Procedure

  1. 7.1. The price of each Service is determined by the Contractor and indicated on the relevant page of virality.tg. The Agreement price (Order value) is the sum of all the services selected by the Buyer.
  2. 7.2. Payment for services is made by:
  3. 7.2.1. transferring funds to the Contractor's current account (if the Buyer is a natural or legal person) or
  4. 7.2.2. using other payment methods (payment systems) listed on the Contractor's website (if the Buyer is an individual).
  5. 7.4. The moment of payment is the crediting of funds to the Contractor's current account.
  6. 7.5. Payment for services is made by the Buyer within 3 (three) banking days from the conclusion of the Agreement and the Contractor's invoice. The invoice is valid for one banking day.
  7. 7.6. The Buyer independently pays at their own expense for the services of third parties, if necessary to obtain the Contractor's services under this Agreement (e.g., Internet access and others).

8. Service Receipt Procedure

  1. 8.1. The rules for providing and receiving services are indicated on the relevant page of virality.tg and are annexes (an integral part) of this Agreement. All questions arising in the process of payment and receipt of services may be clarified with the Contractor via contact details.
  2. 8.2. The fact of receiving services by the Buyer — an individual — is confirmed by payment for such services.

9. Refund Policy

  1. 9.1. The Buyer is entitled to a refund in the following cases: — if the service was not provided due to the Contractor's fault; — in other cases provided by applicable law or this offer.
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  3. 9.3. The refund request will be reviewed within 5 (five) business days. The Contractor shall make a decision based on the stated circumstances and the terms of this offer.
  4. 9.4. If the refund is approved, the funds will be returned using the same method of payment within 10 (ten) business days from the date of approval.
  5. 9.5. Refunds are not granted in the following cases: — if the service (access to the product) has already been fully provided; — if the Buyer’s refusal is not due to a breach of contract by the Contractor; — if the Buyer violates the terms of use of the product or service.

10. Liability and Dispute Resolution

  1. 10.1. For non-performance or improper performance of their obligations under this Agreement, the Parties shall be liable in accordance with applicable law.
  2. 10.2. All disputes arising from or related to this Agreement shall be resolved through negotiations between the Parties.
  3. 10.3. If a dispute cannot be resolved through negotiations, it shall be resolved in court in accordance with the applicable jurisdiction.
  4. 10.4. The Contractor shall not be liable for failure or improper performance of services if caused by circumstances beyond the Contractor’s control (including circumstances caused by the Buyer’s fault or negligence, third parties, or force majeure).

11. Force Majeure

  1. 11.1. The Parties are released from liability for failure or improper performance of obligations under this Agreement if caused by force majeure.
  2. 11.2. 'Force majeure' in this Agreement refers to any circumstances arising beyond or against the will or intention of the Parties that cannot be foreseen or avoided, including: war, civil unrest, epidemics, blockades, earthquakes, floods, fires, as well as decisions or orders by governmental authorities of the country of the Buyer or the Contractor, which impose additional obligations or restrictions making further full or partial performance of the Agreement impossible, as well as other actions or events beyond the control of the Parties.
  3. 11.3. If force majeure continues for more than 3 (three) consecutive months, either Party shall have the right to terminate this Agreement without either Party being entitled to claim compensation for possible losses.

12. Other Terms

  1. 12.1. Each Party guarantees that it has full legal capacity and all the rights and powers necessary to conclude and execute this Agreement.
  2. 12.2. The Buyer may not unilaterally change the terms of the concluded Agreement or refuse its performance, except as provided herein. Neither Party may assign its rights and obligations to third parties without the consent of the other Party.
  3. 12.3. The information provided by the Buyer is confidential and is used solely for the purpose of fulfilling the Order.
  4. 12.4. By accepting this Agreement, the Buyer voluntarily consents to the collection and processing of personal data for commercial purposes, including order processing and communication by email or phone with promotional or special offers, news, or other information related to the activities of virality.tg.
  5. 12.5. The Contractor is not responsible for the accuracy or content of the information provided by the Buyer during order placement. The Buyer is solely responsible for the accuracy of such information.
  6. 12.6. The Buyer is granted the right to use the Contractor's services exclusively for internal use and may not resell or transfer them to third parties.
  7. 12.7. The Parties agree to maintain the confidentiality of information obtained in the course of this Agreement, unless otherwise authorized in writing by the other Party or required by law. The disclosing Party shall be liable in accordance with applicable legislation.
  8. 12.8. This Agreement is public and perpetual and remains in effect until terminated by either Party as provided herein or by applicable law, but in any case until fully performed by the Parties. The Parties agree that the term of this Agreement shall not be less than 3 (three) calendar months. This Agreement is deemed accepted and concluded at the Contractor's place of business on the date of acceptance.
  9. 12.9. The Contractor independently determines the terms of this Agreement and its annexes in accordance with applicable law. The Contractor has the right to unilaterally modify or supplement the terms of this public Agreement and its annexes, including the rules for the provision and receipt of services. The Contractor guarantees that the current version of the Agreement and its annexes published on its website is valid and binding.
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