1. GENERAL PROVISIONS
1.1. This public contract is an open offer (hereinafter referred to as the “Offer”) sent to an indefinite circle of persons in order to conclude an agreement on the provision of services (hereinafter referred to as the “Agreement”) on the conditions specified in the Offer.
1.2. According to Articles 633, 638, 641 of the Civil Code of Ukraine, this Agreement is a public agreement, in case of acceptance of the conditions that are enshrined in the Offer, by any capable individual, individual entrepreneur, legal entity, which accordingly becomes a customer under the agreement (hereinafter referred to as the “User ").
1.3. The User, by accepting the terms of the Offer, undertakes to comply with the terms of the Agreement, its annexes, which from time to time may be carried out by the Administrator, and which will be its mandatory parts.
1.4. Acceptance of the Offer gives rise to relations between the User and the Administrator, which are hereinafter collectively referred to as the "Parties", and individually - the "Party".
1.5. The Offer comes into force from the moment it is posted on the Site https://smm.ua/ and is valid until it is changed or withdrawn by the Administrator.
1.6. Changes to the Offer may be made by the Administrator at his sole discretion at any time. If changes are made to the Offer, they come into force from the moment they are posted on the Website https://smm.ua/. Changes to the Offer may be implemented by the Administrator with an indication of the time of entry into force.
2. DEFINITION OF TERMS
The administrator is an individual entrepreneur Bondarev Sergey Valerievich acting on the basis of an entry in the Unified State Register of Legal Entities and Individual Entrepreneurs No. 20700000000013577 dated January 15, 2014.
Site - the website https://smm.ua/, which is a communication platform for placing Orders for the provision of services, which is administered by the Administrator.
The User - the Customer and the Author, who registered on the Site, accepted the terms of the Offer, thereby entering into an Agreement with the Administrator in accordance with the requirements of the current legislation of Ukraine.
Customer - the Site User who places an Order for the provision of Services on the Site. The Customer can be any capable individual who has reached the age of 18, an individual entrepreneur, a legal entity that has accepted the Offer. A person under the age of 18 must provide the Administrator with the consent of the parents to make relevant transactions related to the use of the Site Services.
Author - the User of the site who agreed to fulfill the Order of the Customer. The author can be any capable natural person who has reached the age of 18, who accepted the Offer. A person under the age of 18 must provide the Administrator with the consent of the parents to make relevant transactions related to the use of the Site Services.
Service - the actions of the Author aimed at promoting the accounts and (or) content of the Customer in social networks (increasing (cheating) the number of views, likes, reposts, subscribers, visits, reviews, comments, etc.).
Cheat - promotion of the account and (or) content of the Customer in social networks using advertising tools.
Order - a duly executed request of the Customer for the provision of Services.
Offer - the text of this document with all annexes, amendments and additions to it, posted on the Site, which contains the terms and conditions for using the Site and providing the Services.
Personal account - the User's personal electronic account (account), access to which is carried out using a combination of a unique login and password or using social networks.
Personal data is a collection of information about an individual who is identified or can be identified using such information.
Registration is the acceptance of the Offer by the User, during which the User provides the Administrator with the necessary information to use the Site. Registration takes place in accordance with the instructions posted on the Site and is considered completed in case of successful completion of all its stages.
If the Parties cannot reach an agreement on the interpretation of the terms specified in this Offer, they will be guided by the interpretation of the terms used on the Site, as well as the current legislation of Ukraine.
3. SUBJECT OF THE OFFER
3.1. The subject of the Offer is the provision by the Administrator of access to the Administrator's software products in the form of an online service smm.ua, posted on the Administrator's Website on the Internet at the link https://smm.ua/, as well as related consulting services for settlements between the Customer and the Author.
3.2. Acceptance (the moment of full and unconditional acceptance) of the terms of the Offer is the moment the User registers on the Site. By registering on the Site, the User confirms that he has read, understands and unconditionally accepts the terms of the Offer in full without any reservations or exceptions.
3.3. The Author undertakes to provide the Services in accordance with the Order of the Customer, which was taken by him for execution, and the User undertakes to pay for the Services of the Author in the manner prescribed by the Agreement.
3.4. Services, their volume and price, as well as other necessary conditions are determined based on the information provided by the Customer when placing the Order.
3.5. By using the Site, the User agrees that:
he has read the terms of this Offer in full. The Administrator is not responsible for any losses, lost profits and other adverse consequences for the User who has not read the provisions of this Offer.
Registration on the Site means that he accepts all the terms of this Offer in full without any reservations and restrictions on his part. An agreement concluded by accepting an offer does not require bilateral signing and is valid in electronic form.
if the User does not agree with the terms of this Offer, he should refuse to use the Site.
settlements between the Parties may be carried out, including through the involvement of third parties - partners of the Administrator. Accordingly, for the purpose of making settlements between the Parties, the User may be required to accept the terms and conditions of the agreements of the Administrator's partners that help him make settlements with the User, such as providers of payment services, partner services and other similar partner companies of the Administrator.
3.6. The relations of the Parties may be additionally regulated by separate documents and agreements that regulate the use of the relevant services. The use of such additional documents and agreements does not invalidate this Offer.
4. ORDER OF REGISTRATION ON THE SITE
4.1. In order to be able to use the functions of the Site, the User goes through the Registration procedure, as a result of which a Personal Account is created for him.
4.2. The Personal Account is the User's personal section on the Site, where he can replenish his balance, view the history of operations with the balance, see the status of his current Orders and the history of Orders made earlier, contact support, view or change personal information. Registration on the Site is mandatory for placing Orders.
4.3. During the Registration process, the User fills in the appropriate form on the Site indicating the e-mail address, phone number, generates a unique access password, and also fills in other data provided for in the registration form. Access to the User's Personal Account occurs after the Registration is completed using a letter that is sent to the email address specified by the User.
4.4. After registering on the Site, the User can change or supplement his data in the settings of the Personal Account.
4.5. If the Administrator finds that the information provided by the User is false, then his registration on the Site may be canceled or access to the Personal Account (temporarily) suspended until the incorrect information is corrected. The Administrator notifies the User about the detection of false information by sending a corresponding message.
4.6. The use of the Site takes place using the User's own e-mail or through their own accounts in social networks.
4.7. The entrance to the Site is carried out each time by authorization - entering a login and password or as a result of automatic authorization using cookie technology.
4.8. The User is directly responsible for maintaining the confidentiality of his account (login and password), as well as for all actions performed with the account.
4.9. The User does not have the right to transfer, sell or otherwise alienate his login and password in order to access the Site to third parties. The User is responsible for the actions of a third party to whom the login and password were transferred.
4.10. If the User has reason to believe that his email address and password used to enter the Site have been disclosed or may be used by third parties, he must immediately inform the Administrator about this and change the authorization data for entering the Site. The Administrator is not responsible for any losses associated with the unauthorized use of the User's Personal Account.
4.11. By accepting the Offer, the User agrees to receive informational messages to the e-mail address and / or mobile phone number specified during registration.
5. TERMS OF SERVICE
5.1. The site is intended for the Customer to place Orders for the provision of Services, as well as for communication with the Author, who agreed to provide the Services.ugi according to the corresponding Order.
5.2. The cost of the Services is carried out by placing an Order in the relevant section of the Site.
5.3. By ordering the Services on the Site, the User agrees to the terms and conditions for the provision of the Services specified below.
5.4. The acquisition of the Services is carried out by the User by placing an Order. The User independently notes the description of the Services, selects them, indicates the scope of the Service, provides links to the account / content for which it is necessary to provide the Services and clicks on the "Pay" button.
5.5. When ordering services on the Site, the User should not simultaneously place orders for similar services using the same link (account / content) in other services. The Author is not responsible for the completeness of the provision of the Services and any adverse consequences for the Customer in the event of a parallel order of services in other services.
5.6. Before placing an Order, the account (content) must be opened for public access. The Customer is prohibited from closing public access to the account (content), changing the url of the link to the account (content) in the process of providing the Services. If the Customer violates these requirements, the Services may not be provided in full, incorrectly or not provided at all, while the funds for the Services are not refundable.
5.7. The Customer's account, under which the Services are provided, must have a registration period of more than 1 month, have photos, a completed profile, from 50 and more subscribers. If these conditions are not met, the Author is not responsible for blocking the account during or after the provision of the Services.
5.8. By placing an Order for the Services, the Customer confirms that he is familiar with the methods of social networks and orders exactly the volume of Services that will not damage his account (content, group, community, channel, etc.) and will not entail the sanctions of the social network.
5.9. Authors are prohibited from providing Services to Customers related to the creation of negative reviews (complaints, dislikes), a decrease in the reputation of third parties.
6. PROCEDURE FOR THE PROVISION OF SERVICES
6.1. All Orders are automatically processed, and the Administrator cannot cancel them immediately at the request of the Customer due to the presence of complex algorithms of the system. The User has the opportunity to write to the technical support service in order to cancel the placed Order. The order will be canceled or restarted within a period not exceeding 24 hours from the moment the Administrator receives the relevant request from the Customer.
6.2. The Author, using the functionality of the Site, selects the Order, as a result of which the Customer and the Administrator receive a message that the Order is being executed.
6.3. The Author does not guarantee the exact observance of the terms of the provision of the Services. The start time and speed of the provision of the Service specified in the description of the Service are approximate and depend on the current load on the server and many other factors. The Author may need more or less time to complete the Order, to which the Customer agrees.
6.4. The Customer can track the status of his Orders in the appropriate section in his Personal Account, or directly on the website where the Customer's account is located and through which Services are provided by the Author. The Author in the Personal Account has the ability to track the Orders he has completed, as well as the Orders that are being executed.
6.5. If the Customer has already placed an Order for any Service and for any object (post, video, channel, group, etc.), after which the object was deleted for any reason, the Order is automatically considered completed.
6.6. After the Order is completed by the Author, the Administrator and the Customer check the Services provided within a period not exceeding 5 (five) calendar days. If after 5 (five) days from the moment the Order was assigned the status “Completed”, no objections were received from the Administrator and the Customer as a result of the Services rendered, then the Services are considered to be rendered properly, and the Author is considered to have fulfilled his obligations to the Customer. In case of detection of shortcomings in the rendered Service, the Administrator and the Customer have the right to require the Author to correct them within the agreed timeframe. After the deficiencies are eliminated, the Services are re-checked by the Administrator and the Customer.
6.7. The Google My Business review writing service is paid for the actual review written based on the advertising campaign. Moderation and the actual placement of reviews are carried out only by Google, the Authors or the Site Administrator have no influence on the speed of their work.
7. PAYMENT FOR SERVICES
7.1. Prices for the Services are indicated on the Site in the national currency of Ukraine - the hryvnia.
7.2. To place an Order, the Customer must select the appropriate Service on the Site and click on the "Add to Cart" button.
7.3. The amount of the cost of the Service ordered by the Customer is blocked on the Customer's bank card after adding the Service to the basket, filling in the payment details and pressing the "Pay" button.
7.4. If the Author does not confirm the acceptance of the Order for execution, the transaction is considered canceledanna, and the blocked funds on the Customer's bank card will be unblocked.
7.5. For providing access to the Administrator's software products in the form of an online service smm.ua, the Administrator withholds a certain percentage from the funds received from the Customer as a remuneration, which is determined depending on the Service and is indicated on the Site in the appropriate section.
7.6. After accepting the Services, as specified in clause 6.6. Offer, the Administrator transfers the cost of the Services to the Author's account minus a percentage of his remuneration, as provided for in clause 7.5. Offers.
8. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
8.1. The customer has the right:
8.1.1. Get acquainted with the materials of the Site and place an Order for the Services;
8.1.2. Refuse to execute the Agreement if the Administrator refuses to provide access to the Site;
8.1.3. Constantly check the progress and quality of the work performed by the Author, without interfering in his activities;
8.1.4. Carry out other actions not prohibited by the legislation of Ukraine related to the use of sites.
8.2. The customer undertakes:
8.2.1. By the time the Agreement is concluded, familiarize yourself with the content of this Offer, the procedure and conditions for the provision of the Services;
8.2.2. Provide the Administrator and the Author with all the information necessary to provide the Services;
8.2.3. Carry out other duties specified in the Offer.
9. RIGHTS AND OBLIGATIONS OF THE AUTHOR
9.1. The author undertakes:
9.1.1. provide the Services in full;
9.1.2. correct, at the request of the Customer, the identified deficiencies, if deviations from the Order were made in the course of the provision of the Services;
9.1.3. ensure the confidentiality of the Customer's personal data in accordance with the legislation of Ukraine;
9.1.4. provide the Customer with the opportunity to receive free consultations on the provision of the Services;
9.1.5. fulfill in full its obligations stipulated by other clauses of this Offer.
9.2. The author has the right:
9.2.1. To receive remuneration for duly provided Services;
9.2.2. Accept or reject the Customer's Order;
9.2.3. Get acquainted with the materials of the Site;
9.2.4. Refuse to execute the Agreement if the Administrator refuses to provide access to the Site.
10. ADMINISTRATOR RIGHTS
10.1. The administrator has the right:
10.1.1. At any time change the design of the Site, its content, change or supplement the scripts used, software, content and other objects used or stored on the Site, any server applications, with or without notice to Users;
10.1.2. send messages (including messages by e-mail) that are messages about the introduction of new or cancellation of old services, approval and publication of a new version of the Offer, and the like;
10.1.3. display advertising materials on the Site.
10.2. The administrator has exclusive rights to the content, including software products and online services of the Site, included in them or used in conjunction with computer programs, databases, cartographic, reference and other text materials, images and other objects of copyright and / or related rights, as well as objects of patent rights, Trademarks, trade designations and trade names, as well as other parts of the software products and / or online services of the Site (regardless of whether they are part of them or are additional components, and is it possible to remove them from their composition and use them separately).
10.3. The Administrator carries out the current management of the Site, determines its structure, appearance, allows or restricts Users' access to the Site, and exercises other rights belonging to him.
10.4. The administrator independently decides on the procedure for placing advertising on the Site, participating in affiliate programs, etc.
11. LIMITATIONS AND PROHIBITIONS
11.1. The user is prohibited from:
11.1.1. reproduce, copy, process, distribute, upload, transfer, sell or otherwise use all or part of the content of the Site, without the prior permission of the Administrator.
11.1.2. provide deliberately false or fictitious information about yourself;
11.1.3. to carry out actions aimed at destabilizing the operation of the Site, to attempt unauthorized access to the management of the Site or its closed sections (sections to which only the Administrator is allowed access), as well as to carry out any other similar actions.
12. WARRANTY AND LIABILITY
12.1. The Administrator and the Author are not responsible for the quality of the Services if the User has provided false information necessary for the provision of the Services.
12.2. The Administrator is not responsible for any losses, lost profits and other adverse consequences for the Customer and (or) other third parties associated with the receipt of the Services from the Author.
12.3. The Administrator is in no way responsible for the imposition of any sanctions on the Customer's account as a result of the provision of the Services.
12.4. The author guaranteesthe provision of the Services in the amount not lower than ordered, but does not guarantee that the subscribers resulting from the provision of the Services will be active, and also that 100% of the subscribers will have profile pictures, full bios and uploaded photos, although the Author will strive to provide the Services with maximum quality .
12.5. The User is responsible for any violation of the obligations established by the Offer and (or) the relevant law, as well as for all the consequences of such violations (including any losses that may be incurred by the Administrator and other third parties).
12.6. The Administrator is not responsible for possible failures and interruptions in the operation of the Site, as well as for the loss of information caused by them. The Administrator is not responsible for any damage to the User's computer, his mobile devices, any other equipment or software that is caused or associated with the use of the Site or sites accessible via hyperlinks posted on the Site.
12.7. In any case, the total liability of the Administrator under the Agreement is limited to the amount received by the Administrator from the User under the Agreement.
12.8. The Parties are released from liability for non-performance or improper performance of obligations under the Agreement for the duration of force majeure. Force majeure means extraordinary and insuperable under the given conditions circumstances that prevent the Parties from fulfilling their obligations. These include: changes in the operation of social media algorithms and related consequences, actions of public authorities, fires, floods, earthquakes, other acts of God, power outages and / or computer network failures, strikes, civil unrest, any other circumstances , not limited to the above. During this time, the Parties do not have mutual claims, and each of the Parties assumes its own risk of the consequences of force majeure.
12.9. The customer is solely responsible for the compliance of the content of his account (channel) with the legislation of Ukraine, including for the completeness and accuracy of the information displayed in the content (account), for the observance of intellectual property rights, other rights of third parties. Compliance of content with the legislation of Ukraine is understood as: its compliance with the requirements of the Law of Ukraine "On Advertising", "On Information", the requirements of the legislation on languages, elections, public morality, compliance in the text and image of the content with other requirements of the legislation of Ukraine. The customer is solely responsible if his information and materials in the account incite racial, religious and national hatred, encroach on the territorial integrity of Ukraine. In case of claims, disputes, lawsuits, application of penalties by third parties and / or law enforcement and other state regulatory authorities in connection with the content of the content, the Customer considers and resolves these issues independently, without involving the Administrator, and also immediately compensates the Administrator in full volume of all direct losses and / or expenses (including penalties paid by the Administrator) arising in connection with the presentation of such claims / demands / claims, if it is proved that such direct losses were incurred as a result of the guilty actions of the Customer. In the event that a written report is received from law enforcement and other state regulatory authorities about violations of legislation related to content content, the Administrator also has the right, without prior agreement with the Customer, to provide information requested by such authorities.
12.10. Any interaction of the User with the Site (including, but not exclusively, Registration, actual use) means the User's unconditional consent that he uses the Site at his own risk "as is", assesses all the risks associated with using the Site, and the Administrator does not bears no responsibility for the content of the content and information provided by the User.
12.11. The Author and the Administrator do not bear any responsibility for the content of the Customer's accounts in case of its full or partial change after the provision of the Services by the Author. A change in content means its complete or partial change by the Customer, as a result of which the account is not used for the purpose for which it was used before the Services were provided by the Author.
13. INTELLECTUAL PROPERTY RIGHTS
13.1. The administrator undertakes to use the information, including any objects of intellectual property rights contained in the content, solely for the purposes provided for by the Offer.
13.2. The Administrator does not have the right to use in any way the materials and information received from the User (including any objects of intellectual property rights contained in such materials and information) for purposes other than those provided for by the Offer.13.3. The customer is solely responsible for the violation of intellectual property rights.
13.4. If there are images of a sign for goods and services (logo) in a foreign language (including Russian) in advertising and / or information materials, the Customer is obliged to provide the Administrator with the following documents: an extract from the State Register of Certificates of Ukraine for signs for goods and services or a document of the State the Patent Office of Ukraine, if the mark for goods and services is registered under the Madrid Agreement, a license agreement and other duly executed documents for the use of a trademark, logo, etc.
14. INFORMATION PROVIDED BY USERS
14.1. The Administrator collects information about Users by using the software of the Site.
14.2. The technical parameters are used by the Administrator for purposes related to the maintenance of network equipment, as well as for the processing of general statistical information.
14.3. The user gets access to the Site during time intervals - sessions. Access to a part of the Site is carried out after the User enters a login and password.
14.4. The Administrator also saves the data of the last session of the User on the Site in order to ensure the high quality of its services.
14.5. The Administrator does not collect data on racial or ethnic origin, political, religious, ideological beliefs, membership in political parties and trade unions, as well as data relating to the health or sexual life of Users, and is not responsible for the disclosure by Users of such information on the Site.
14.6. The Administrator may conduct surveys on Users' demographics (for example, education, age, income). Survey data is processed anonymously. Users may choose not to participate in surveys and may choose not to provide information. The administrator uses demographic data for the purpose of preparing statistical reports and improving the quality of services.
14.7. The User does not have the right to provide information in violation of the terms of the Offer, in particular, the information should not contain:
vulgar, offensive language;
propaganda of hatred, violence, discrimination, racism, xenophobia, ethnic conflicts;
data that violates the personal rights or intellectual property rights of third parties;
information that encourages fraud, deceit or breach of trust;
information leading to transactions with stolen or counterfeit items;
information that violates or infringes on the property of third parties, trade secrets or the right to privacy;
personal or identifying information about others without the express consent of those individuals;
information containing information that infringes on privacy, which offends someone's honor, dignity or business reputation;
information containing slander or threats;
information of a pornographic nature;
information harmful to minors;
false and misleading information;
viruses or any other technologies that can harm the Site, the Administrator or other Users;
information about services that are considered immoral, such as: prostitution, usury or other forms that are contrary to morality or law;
links or information about sites that compete with the services of the Administrator;
"spam" or unsolicited, deceitful commercial advertising;
information disseminated by news agencies;
information with a franchise offer, multi-level and network marketing, agency activities, sales representation;
information otherwise violates applicable law.
15.1. By registering on the Site, the User confirms and gives his consent to the processing of his personal data, their collection, storage, use and disclosure in accordance with the Laws of Ukraine "On the Protection of Personal Data", "On the Protection of Information in Information and Telecommunication Systems".
16. WITHDRAWAL OF ACCESS TO THE SITE
16.1. The User has the right to delete his Registration unilaterally at any time without additional notice to the Administrator.
17. OTHER TERMS
17.1. The Administrator sends system messages to the e-mail address that the Users indicated during the Registration on the Site. If the User does not wish to receive such messages from the Site, he may refuse such mailing by using the "Unsubscribe" function contained in the User's Personal Account.
17.2. Information messages for a wide range of Users are published on the Site or sent directly to Users who have given their consent to receive such messages.
17.3. Any disputes and disagreements between the Parties shall be resolved through negotiations. If disputes, disagreements or claims cannot be resolved through negotiations, then these disputes are considered in accordance withTVI with the current legislation of Ukraine.
17.4. The offer is governed by the legislation of Ukraine. Issues not settled by it are subject to resolution in accordance with the current legislation of Ukraine.
17.5. Recognition by the court of any provision of the Offer as invalid or unenforceable does not entail the invalidity or non-fulfillment of other provisions of this Agreement.