Offer to conclude a license agreement
Russian Federation, Krasnodar
Date of publication: September 11, 2022
Date of entry into force: September 11, 2022
Individual Entrepreneur Dmitry Aleksandrovich Valo (hereinafter referred to as the “Licensor”, “Contractor”), by posting on the website accessible at https://score-tennis.com, addresses this offer (hereinafter referred to as the Offer) to individuals to conclude an agreement on the use of the Licensor’s website (hereinafter referred to as the Service, Tennis Score), which contains all the essential terms of the license agreement and the agreement for the provision of services for a fee (mixed agreement) and expresses the Licensor’s will to conclude such a mixed agreement on the terms specified in this offer with any individual who responds (hereinafter referred to as the Client, Licensee).
1. TERMS AND DEFINITIONS
The Parties have agreed that the following terms and definitions for the purposes of this Offer shall have the following meaning:
1.1.1. "Offer" - this offer, containing within the meaning of paragraph 2 of Article 437 of the Civil Code of the Russian Federation all the essential terms of the license agreement and the contract for the provision of paid services (mixed contract), expressing the will of the Licensor to conclude a mixed contract on the terms specified in the offer with any individual who responds. Hereinafter, the Offer also means the Mixed Contract itself
1.1.2. "Acceptance" - a response from any individual on full and unconditional acceptance of the Offer, given by creating a Licensee account (personal account) on the Licensor's website and/or paying for Services according to a Tariff Plan voluntarily chosen by the person from the list of Tariff Plans, which is provided in Appendix No. pro to the Offer.
1.1.3. "Mixed Agreement" - an agreement containing the essential and other terms of the license agreement and the agreement for the provision of services for a fee, and recognized as concluded at the time of receipt of funds from the Client to the Contractor's bank account for payment of the Services
1.1.4. "Service" - a cloud SaaS service (software package) intended for individuals interested in statistical (information and reference) data within the framework of table tennis tournaments (name and code of the sport - "Table Tennis" 0040002611Y.) and providing a set of Services. The Service includes a set of program code, databases, information, texts, graphic elements, design, images, photos, audio and video materials, and other results of intellectual activity. Exclusive rights to the Service and any of its components belong to the Licensor as the copyright holder on the basis of law, agreement or other transaction. Access to the Service is provided after the Licensee has authorized the Personal Account.
1.1.5. "Services" - providing access to sections of the Service under the terms of the license agreement, setting up and technical support of the Service.
1.1.6. "Individual" (hereinafter referred to as the Licensee, Client) - a fully capable individual who has the right to independently make transactions to manage funds to use the Service and receive Services.
1.1.7. "Licensor" - IP Valo Dmitry Aleksandrovich, who is the holder of the exclusive right to the Service, which provides Services.
1.1.8. "Licensee Account" (Personal Account) - a web page on the Licensor's Service containing all the necessary information within the framework of the Agreement concluded by the parties. Access to the personal account is carried out using a login and password.
1.1.9. "Login" - a personal email address that must be entered (specified) to identify the Licensee and authorize on the Licensor's website.
1.1.10. Password – a word or set of characters used by the Licensee for authorization on the Licensor’s website.
1.1.11. “System Availability” – the average percentage of the total time during which the Service is available to the Client, excluding (pro) scheduled updates, (pro) delay periods caused by circumstances beyond the Contractor’s control, (pro) delay periods due to systems that are not part of the Service, including, without limitation, the Client’s network.
1.1.12. “Scheduled Update” – an update of the Service due to its improvement, bug fixing (program code error), changes in functionality, addition of new design templates for finished products.
1.1.13. “Unscheduled Update” – an update of the Service due to the elimination of critical errors that have a significant negative impact on the operation of the Service.
1.1.14. “Accounting Period” – the minimum period of time for which the Services are provided, namely, pro days (pro hours).
1.1.15. "License Fee" — the Licensor's remuneration for the transfer of a non-exclusive right to use the Service.
1.1.16. Payments made by the Licensee — the sum of all funds transferred by the Licensee to the Licensor under this Agreement.
1.1.17. Electronic payment systems (EPS) — technologies that allow the Parties to make payments using electronic communications on the Internet.
1.1.18 Service provision period — the period during which the Licensee receives access to the Service within the framework of the current conditions (tariffs).
1.2. All other terms and definitions found in the text of the Offer shall be interpreted by the Parties in accordance with the legislation of the Russian Federation, current recommendations (RFC) of international standardization bodies on the Internet and the usual rules for interpreting the relevant terms that have developed on the Internet.
1.3. Terms and definitions may be used in the singular or plural depending on the context, terms may be written with either a capital letter or a small letter.
1.4. The titles of headings (articles), as well as the structure of the Offer, are intended solely for the convenience of using its text and have no literal legal meaning.
2. ON CONCLUSION OF A MIXED AGREEMENT
2.1. The Offer shall bind the Contractor from the moment it is received by an individual. If the notice of withdrawal of the Offer is received earlier or simultaneously with the Offer itself, the Offer shall be deemed not to have been received.
2.2. The Offer received by the addressee cannot be withdrawn by the Contractor until the moment it posts a new offer on the website https://score-tennis.com or information that the Contractor does not intend to further conclude the agreement by means of a public offer.
2.3. Any individual shall respond on full and unconditional acceptance of the Offer (Acceptance) by paying for the Services according to the Tariff Plan voluntarily chosen by the individual from the list of Tariff Plans, which is provided in Appendix No. pro to the Offer.
2.4. By accepting the Offer, the Client confirms that he/she has read, agrees, fully and unconditionally accepts all the terms of the mixed agreement as they are set out in the text of the Offer, including in the appendices thereto. The Client is notified that the Acceptance entails the conclusion of a mixed agreement on the terms set out in the Offer.
2.5. Silence and/or inaction of an individual does not constitute Acceptance. A response of consent to conclude a mixed agreement on terms other than those proposed in the Offer does not constitute Acceptance. Such a response is recognized as a refusal of Acceptance and at the same time a new offer.
2.6. The mixed agreement is recognized as concluded at the moment the Contractor receives the Acceptance, namely at the moment the funds from the Client are received on the Contractor's bank account to pay for the Services.
2.7. If the notice of withdrawal of the Acceptance is received by the Contractor before the Acceptance or simultaneously with it, the Acceptance is considered not received by the Contractor.
2.8. The Agreement is considered concluded if the Acceptance is received by the Contractor before it posts a new offer on the website https://score-tennis.com or information that the Contractor does not intend to further conclude the agreement by means of a public offer.
2.9. In cases where a timely notice of Acceptance is received late, the Acceptance is not considered late unless the Contractor immediately notifies the other party of the late receipt of the Acceptance. If the Contractor immediately notifies the other party of the acceptance of its Acceptance received late, the mixed agreement is considered concluded.
2.10. The mixed agreement shall enter into force from the moment of its conclusion and shall be valid for an indefinite period, while the term of the license for the use of the Service and the term of the provision of services shall be established and extended according to the current Tariff Plan (Appendix No. 1 to the Offer) or a new selected Tariff Plan in the absence of notice of termination of the agreement or amendments to it.
3. TERMS OF THE LICENSE AGREEMENT
3.1. The Service, its components and components (including, but not limited to: computer programs, databases, program codes, the inclusion of know-how in their basis, algorithms, design elements, fonts, logos, as well as text (graphic and other materials) are objects of intellectual property protected in accordance with generally accepted and international standards, any use of which is permitted only on the basis of the Contractor's permission.
3.2. The Contractor solely observes all rights in relation to the Service, including, but not limited to, all copyrights, trademark rights, patent and other rights, as well as rights to any results of work, modifications, utility models or derivative works produced by any of the Parties in the process of using the Service or in connection with obtaining access to the Service. The specified rights of the Client to the property rights are not transferred.
3.3. The Contractor, as the holder of the exclusive right to the Service, grants the Client the right to use the Service in the following within the limits and observes the following methods: 3.3.1 In relation to any method of using the Service, the Contractor provides the Client with the rights to use the Service on simple terms (non-exclusive) license, while the Contractor retains the rights to issue. dealing with other persons.
3.3.2. The implementation of its efforts and means provides the Client with the right to remote access to the Service on its servers.
3.3.3. The Client independently uses and uses the Services of the Service.
3.3.4. During the term of the mixed agreement, the Client receives non-exclusive rights to conduct, demonstrate, use information and reference materials for any purposes for its viewing, not prohibited by the legislation of the Russian Federation and the legislation of the countries where this data will be used for its account and at its own risk. .
3.3.5. Use of the Service rights throughout the territory of the Russian Federation and beyond its borders.
3.3.6. The right to use the Service is valid for the term of the mixed agreement. The term of the mixed agreement does not stipulate the term of the Contractor's exclusive right to the Service; the mixed agreement shall be terminated in the event of acceptance of the exclusive right. The transfer of the exclusive right to the Service to a new copyright holder shall not be an obstacle to changing, terminating or canceling the mixed agreement concluded by the Contractor.
3.3.7. The performance of its work and funds provides Clients and users with round-the-clock Internet access to the Service.
3.3.8. The Service shall be used by the Client only for lawful purposes and by lawful means, taking into account the legislation of the Russian Federation and international standards.
3.3.9. The Client undertakes to observe the copyrights to the software and documentation provided by the Contractor and/or third parties.
3.3.10. When using the Service, any actions aimed at obtaining unauthorized access to the Contractor's resource server, personal account and other data of other clients are prohibited. The Client does not require selling, transferring for temporary use and/or disclosing in any other way the personal information of users of the Service to a third party, except in cases where this is required by the legislation of the Russian Federation.
3.3.11. The Client is not obliged to bear damage to the Service, its components and modules during its use, as well as to the technical and software means, node machines of the Contractor or other persons ensuring the functioning of the Service, including the direction of their IP address of the request, causing DDoS attacks and errors of the "denial of service" type.
3.3.12. The Client agrees that it will compensate the Contractor for any incidents incurred by the Contractor in connection with the Client's use of the Service with violations of this Offer and the rights (including intellectual, information, etc.) of third parties.
3.3.13. The Client acknowledges and agrees that the IP address of the Client's device is recorded by the Contractor's technical means, and in the event of illegal actions, including actions that violate the intellectual property rights of third parties, the owner of the device is held responsible for the protected illegal actions, and the Contractor's technical means are determined. for the supply of the IP address.
3.4. The Client may use the Service only within the framework of the technical rules and methods provided for by the mixed agreement. The right to use the Service that is not expressly specified in the agreement is not granted to the Client.
3.5. The Client undertakes to pay the Contractor a fee for using the Services of the Service, according to Appendix No. pro to the Offer. The fee for using the Services of the Service is paid in accordance with the "Payment Procedure" section of the Offer.
3.6. The Client is obliged not to hold the position of the Contractor of the report you about using the Service.
3.7. During the term of the mixed agreement, the Contractor is obliged to refrain from any actions that could hinder the Client in providing the right granted to him to use the Service within the limits established by the agreement.
3.8. Using the Service in a manner not provided for by the mixed agreement, or in the continuous operation of such agreement, or otherwise with respect to the rights granted to the Client under the agreement, entails liability for violation of the exclusive right to the result of intellectual activity established by the Civil Code of the Russian Federation, other laws of the Russian Federation. or a mixed agreement.
3.9. The Client agrees not to carry out measurements (including not to allow anyone to) changes, create derivative works, disassemble service codes into components, perform reverse engineering, decompile or thereby attempt to obtain the source program code of the Service or any part thereof. Otherwise, the Client shall bear full responsibility for similar actions provided for in this Agreement, as well as applicable requirements.
3.10. The Client reserves the right to request electronic copies of documents to identify the Client. The Contractor is also obliged to provide accurate contact information upon the Client's request from regulatory or auxiliary authorities in accordance with the law.
3.11. Restricts the right to request from the Client supporting documents for checks specified in the registration data and information provided by them in order to avoid cases of infringement of intellectual rights, third parties, fraud and other illegal actions, which the Client is obliged to perform for the Client within approximately (twenty-four) hours from the moment of the request. During such checks, the Client restricts the Client's access to the service.
3.12. reserves the right, in the event of a violation of the terms of the Offer by the Client, to terminate the Client's access to the Service (including by blocking access to the Service via the IP address from which the Client was registered or from which the minimum number of visits to the Service were made by the Client) and delete his personal account with all his account data unilaterally, without notice or indication of reasons, and without any compensation or reimbursement.
3.13. reserves the right, in the event of non-use of the Service by the Client for pro-pro (twelve) consecutive calendar months, to terminate this Offer unilaterally out of court and delete the personal account and all account data of the Client without any notice, and without any compensation or reimbursement.
3.14. The Contractor reserves the right to maintain any rules, limits and restrictions (technical, legal, organizational or other) when using the Service and may change them at its own discretion, without prior notice to the Client. In cases where this does not comply with the law, the relevant rules, limits and restrictions may be different for different categories of clients.
3.15. This Offer does not provide for the transfer of rights to the intellectual property of the Contractor (any part thereof), with the exception of a simple (non-exclusive) license, which is distributed on the basis of this Offer. No provisions of this Offer shall constitute an assignment of rights to the intellectual property of the Contractor or a waiver of these rights on the basis of legislation.
3.16. The Service contains or may support computer programs that are licensed (or sublicensed) to the User in accordance with the GNU General Public License or other similar open source licenses that, among other rights, allow the User to copy, modify, redistribute the basic computer programs or parts thereof and access the source code. If such a license provides for the provision of the source code to the user, whose computer program is in the form of an executable dual code (object code), the source code becomes available upon request to the Contractor's electronic address. If any open source computer program license requires the Contractor to grant rights to use, copy or modify the open source computer programs that go beyond the rights granted by this Offer, such rights shall prevail over the rights and restrictions set forth in this Offer.
4. TERMS OF THE AGREEMENT FOR THE PROVISION OF SERVICES FOR A FEE
4.1. The Contractor undertakes to provide Services for the setup and technical support of the Service, and the Client undertakes to pay for the Services rendered to him within the timeframes and in the manner established by the "Payment Procedure" section of the Offer.
4.2. The Contractor is obliged to provide the Services personally or with the involvement of third parties without additional agreement with the Client.
4.3. In the event of impossibility of performance arising due to the fault of the Client, the Services are subject to payment in full, unless otherwise provided by law.
4.4. In the event that the impossibility of performance arose due to circumstances for which neither party is responsible, the Client shall reimburse the Contractor for the actual expenses incurred by him, unless otherwise provided by law.
4.5. The Client has the right to refuse to perform a mixed contract, subject to payment to the Contractor for the actual expenses incurred by him for the provision of the Services.
4.6. The Client and the Contractor undertake not to perform any actions during the entire term of the mixed agreement and five years after its termination, cancellation or change that may result in the disclosure of information received in connection with the agreement to third parties.
4.7. The Contractor undertakes to:
4.7.1. Provide the Client with access to the Service, depending on the selected tariff plan, after payment of the fee for using the Service, according to Appendix No. 1 to the Offer
4.7.2. Provide the Client with free information support on issues related to working with the Service via e-mail, posts on social networks and the Contractor's blog.
4.7.3. Not transfer or disclose received confidential information to third parties.
4.7.4. Independently, promptly and free of charge update the current version of the Service.
4.7.5. Eliminate possible software failures in operation.
4.7.6. Conduct an Unscheduled Service Update if the Contractor himself/herself has identified errors in the program code.
4.7.7. Notify the Client of the Scheduled Service Update at least 3 (three) business days in advance.
4.8. The Client undertakes to:
4.8.1. Accept the Services rendered to him/her and pay for them in full in the manner and within the timeframes established by the "Payment Procedure" section of the Offer.
4.9. The Contractor has the right to:
4.9.1. Provide for basic free and paid Services in the Tariff Plan (Appendix No. 1 to the Offer).
4.9.2. Unilaterally change the Tariff Plans of the Service (Appendix No. 1 "Tariff Plans to the Offer") no more than 10 (ten) times per calendar year, having notified the Client in advance at least 1 (one) calendar month.
4.10. The Client has the right to:
4.10.1. Select one of the Tariff Plans (Appendix No. 1 to the Offer).
4.10.2. Change the Tariff Plan. Payment for a new Tariff Plan is a confirmation of the change of the current Tariff Plan to another Tariff Plan.
4.10.3. Pay for a more expensive Tariff Plan, which is a confirmation of the change of the current Tariff Plan to a Tariff Plan of a higher level.
4.10.4. Access the Service, except in cases of: - a Scheduled update; - disruption of the Internet network due to reasons beyond the control of the Parties; - the occurrence of force majeure.
4.10.5. Make proposals to the Contractor on improvements, adding new functionality to the Service.
5. PAYMENT PROCEDURE
5.1. The Cost of Services is specified in the Tariff Plan (Appendix No. 1 to the Offer).
5.2. The final Cost of Services is determined by successive application of discounts to the Cost of Services in the following order:
• Promotional discount
• Discount by promo code
• Discount for regular Customer
5.3. Promotional discount is a discount that is provided for a specific Service. The discount amount is indicated on the "Tariffs" page located at https://tennis-score.pro/#tariffs. The price of the Service is indicated taking into account the promotional discount.
Discount by promo code is a discount that is provided for a specific group of Services upon entering a special code when the Client pays for the Service.
Promo code is a special code that provides a discount on a specific group of Services and has a validity period. To receive a discount using a promo code, the promo code must be entered in a special field when paying for the Service
5.4. The Client pays the cost of the Services in the amount specified in the Tariff Plan (Appendix No. 1 to the Offer)
5.5. The costs of transferring funds by the Client, including bank fees, are borne by the Client.
5.6. The date of payment for the Contractor's Services is the date of receipt of funds to the Contractor's bank account.
5.6. The Client has no right to make payments to the Contractor from third party accounts without the prior written consent of the Contractor.
6. LIABILITY OF THE PARTIES TO THE MIXED AGREEMENT
6.1. The Parties shall be liable for failure to perform or improper performance of their obligations under the mixed agreement in accordance with the procedure established by the legislation of the Russian Federation.
6.2. The Client uses the Service at their own risk. The Contractor shall not be liable for the compliance of the Service with the Client's purposes when using it.
6.3. The Contractor shall not be liable for any actions of the Client related to the use of the Service.
6.4. The Contractor shall not be liable to the Client for any damage incurred by the Client due to the loss and/or disclosure of their access data to the Service. The Client shall be fully liable for actions and/or inactions that led to the disclosure, loss, theft, etc. of their account data and other information that individualizes the Client, as well as for any actions and/or inactions of third parties using the Client's account data, provided that this situation did not arise through the fault of the Contractor.
6.5. The Contractor shall ensure basic information security of the Client's data within the limits determined by the usual conditions. The Contractor shall be liable for any breach of the Client's information security due to the fault of the Contractor.
6.6. The Contractor shall not be liable to the Client for delays and interruptions in work related to the actions/culpable inaction of third parties and/or occurring for reasons beyond the control of the Contractor.
6.7. The Contractor shall not be liable for the quality of services (in particular data transfer services) required for working with the Service if they are organized by third parties not involved by the Contractor.
6.8. The Client agrees that working with the Service requires the use of software (web browsers, operating systems, etc.) and equipment (personal computers, mobile phones, network equipment, etc.) produced and provided by third parties, and the Contractor cannot be held liable for the quality of their work.
6.9. The Client agrees that no software is free from errors, but the Contractor's errors are subject to correction at the Contractor's expense.
6.10. In the event of data loss caused by the Client's actions, data recovery is performed upon request to the Contractor. Data recovery is performed only if the Contractor has the technical capability to recover.
6.11. The Client undertakes not to cause damage to the software shell, hardware and software, node machines of the Contractor and third parties.
6.12. The Parties may not sell, transfer for temporary use and/or disclose in any other way personal information of Service users to third parties except in cases where this is required by the legislation of the Russian Federation.
6.13. The Contractor is liable to the Client only within the limits of the Services paid for but not rendered. The Contractor shall bear no financial liability to the Client and shall not return to the Client the funds paid under this Agreement if the Services were not rendered due to the fault of the Client, in particular, due to a breach of the terms of a mixed agreement.
6.14. The Client shall be liable for any of his/her intentional and unintentional actions and/or inactions, as well as for any actions and/or inactions of persons using his/her account data related to the posting and/or distribution of information on the Internet, obtaining access to third-party resources through the use of the Contractor's resources, which have entailed and/or may entail a violation of any legislation of the Russian Federation, the European Union or the USA, as well as for any damage caused by the above actions and/or inactions to the Contractor, third parties and the moral foundations of society. The Contractor shall not be liable for such actions and/or inactions of the Client or persons using his/her account data, as well as the consequences of such actions and/or inactions, except for the occurrence of this situation due to the fault of the Contractor. The Client shall be liable for any illegal actions and/or inactions of the Client and/or persons using his/her credentials that have caused any harm to the Contractor, including loss of business reputation, and shall compensate the Contractor for losses.
6.15. Either party shall have the right to terminate the mixed agreement by notifying the other party thereof in writing at least 30 (thirty) calendar days in advance.
6.16. Termination of the mixed agreement at the initiative of either party shall not release the Client from the obligation to pay for the Contractor's Services rendered at the time of such termination.
7. APPLICABLE LAW AND DISPUTE RESOLUTION
7.1. In the pre-trial and judicial resolution of disputes related to the Offer and the mixed agreement, the Contractor and any individual (parties) shall be guided by the current legislation of the Russian Federation.
7.2. In the event of disputes related to the Offer and the mixed agreement, the parties shall take measures to resolve them pre-trial by sending a claim (demand) to the other party.
7.3. If the parties are unable to resolve such disputes pre-trial, they may be referred for resolution to the state court at the location of the Contractor after 30 (thirty) calendar days from the date of sending the claim (demand).
8. CONSENT TO PROCESSING PERSONAL DATA
8.1. The Client, using the Service belonging to the Contractor in accordance with the license agreement / contract, user or other agreement on its use, as well as ordering and using the goods and services of the Contractor, in compliance with the requirements of the Federal Law of 27.07.2006 No. 152-FZ "On Personal Data" thereby automatically provides the Contractor with their consent to process the personal data provided in this form for the duration of the license agreement / contract, user or other agreement on the use of the Service or any other agreement with the Contractor for the purpose of providing the Client with technical or other support when using the Service or purchasing goods / services of the Contractor.
8.2. Using the Service in a manner that includes registering a personal account means that the Client provides the Contractor with their consent to process the following personal data of the Client:
– last name, first name,
– email address;
– mobile phone number (if available);
8.3. Within the framework of the provided consent, the Contractor is granted the right to perform any actions with the Client's personal data, including, but not limited to: collection, systematization, accumulation, storage in the territory of the Russian Federation, clarification (updating, modification), use, transfer, depersonalization, blocking, destruction, transfer, including cross-border, of personal data to the Contractor's partners, the list of which is provided on the Contractor's website at https://tennis-score.pro, as well as performing other necessary actions with personal data, taking into account the current legislation.
8.4. The processing of the Client's personal data is permitted using the following main methods (but not limited to): storage in the territory of the Russian Federation, recording on electronic media and storing them in the territory of the Russian Federation, compiling lists, marking.
8.5. The processing of the Client's personal data is permitted with and without the use of automation tools in accordance with the current legislation.
8.6. The processing of the Client's personal data using DPM systems (Data Protection Manager), including those belonging to third parties and provided to the Contractor on the basis of a relevant agreement or contract, is permitted, subject to compliance with the measures to protect the confidentiality of personal data.
8.7. The processing of the Client's personal data is carried out by the Contractor without the use of automation tools, since such actions with personal data as the use, clarification, distribution, destruction of personal data in relation to the Client are carried out with the direct participation of a person
8.8. The processing of the Client's personal data is carried out without notifying the authorized body for the protection of the rights of personal data subjects, since:
8.8.1. The personal data of the Client received by the Contractor in connection with the conclusion and execution of the Mixed Agreement to which the Client is a party are processed, while the personal data are not distributed, and are not provided to third parties without the consent of the Client and are used by the Contractor exclusively for the execution of this Mixed Agreement and the conclusion of other agreements and contracts with the Client;
8.8.2. The personal data of the Client received by the Contractor are processed without the use of automation tools, i.e. with the direct participation of a person, in accordance with the regulatory legal acts of the Russian Federation establishing requirements for ensuring the security of personal data during their processing and for observing the rights of personal data subjects.
8.9. This consent to the processing of the Client's personal data extends to any transfer of the Client's personal data to the Contractor made prior to the provision of this consent.
8.10. Consent to the processing of personal data may be revoked by the Client by sending a corresponding request signed with a simple electronic signature of the User to info@tennis-score.ru.
8.11. Revocation of consent to the processing of such personal data as the last name, first name, patronymic and email address shall automatically deprive the Client of the right to use the personal account of the Service.
8.12. In the event that the Client revokes consent to the processing of personal data, the Contractor shall have the right to continue processing personal data without the Client's consent if there are grounds specified in paragraphs 2 - 11 of Part 1 of Article 6, Part 2 of Article 10 and Part 2 of Article 11 of the Federal Law "On Personal Data".
8.13. In the event that the Client revokes consent to the processing of his personal data, the Contractor shall be obliged to stop processing them or ensure the termination of such processing (if the processing of personal data is carried out by another person acting on behalf of the Contractor) and, if the storage of personal data is no longer required for the purposes of processing personal data, to destroy the personal data or ensure their destruction within a period not exceeding 10 (ten) business days from the date of receipt of the said revocation.
8.14. The Client expresses full and unconditional consent to the use of his e-mail address specified during the registration of the personal account for sending e-mails to the specified e-mail address for the purpose of informing about the arrival of new goods/services, notification of ongoing promotions, events, discounts, their results, for conducting absentee surveys in order to study opinions on goods/services, sending news, etc.
8.15. The Client's consent to the use of his e-mail address specified during the registration of the personal account for sending e-mails to the specified e-mail address for the purpose of informing about the arrival of new goods/services, notification of ongoing promotions, events, discounts, their results, for conducting absentee surveys in order to study opinions on goods/services, sending news, etc. may be revoked by the Client by sending a corresponding request signed with a simple electronic signature of the User to the address info@tennis-score.ru.
9. FORCE MAJEURE
9.1. A Party shall be released from liability for partial or complete failure to fulfill obligations under this Offer if it proves that proper fulfillment was impossible due to force majeure, i.e. extraordinary, unforeseen and unavoidable circumstances that arose during the implementation of obligations under this Offer, which could not reasonably be expected at its conclusion, or avoided or overcome, and are beyond the control of the Parties to this Offer.
9.2. Force majeure circumstances include, but are not limited to: military actions (declared or actual war), civil unrest, mass diseases (epidemics, pandemics, etc.), strikes, blockades, natural disasters (earthquakes, floods, hurricanes, etc.), fire, terrorist acts, sabotage, transportation restrictions, prohibitive measures of states, prohibition of trade operations, including with individual countries, due to the adoption of international sanctions, as well as disconnection of data centers located in the territory of the Russian Federation from the global Internet and blocking of servers or connections by supervisory authorities.
9.3. Force majeure circumstances do not include, in particular, entrepreneurial risks, such as breach of obligations by the debtor's counterparties, the absence on the market of goods necessary for the fulfillment of obligations, the debtor's lack of necessary funds, as well as a financial and economic crisis, a change in the exchange rate, devaluation of the national currency, criminal acts of unidentified persons.
9.4. In the event of force majeure circumstances specified in this chapter, each Party shall promptly notify the other Party thereof in writing, including by sending an electronic message in accordance with the agreement between the participants in the electronic interaction. The notification shall contain information on the nature of the circumstances, as well as official documents certifying the existence of these circumstances and, if possible, providing an assessment of their impact on the ability of the Party to fulfill its obligations under this Offer.
9.5. In the event of force majeure circumstances specified in this chapter, the deadline for the performance of the obligations under this Offer by the Party shall be extended in proportion to the time during which these circumstances and their consequences are in effect, if such a change in deadlines is possible and/or advisable.
9.6. In the event that it is impossible and/or impractical to change the deadlines for the performance of obligations under this Offer by a Party, or force majeure circumstances have occurred and their consequences continue to operate for more than 2 (two) months, the Party shall have the right to refuse to perform this Offer citing the impossibility of performing the obligations under the Offer due to the occurrence of force majeure circumstances, if additional negotiations to identify acceptable alternative methods of performing this Offer have not led to a positive result. The initiating Party shall notify the other Party of its refusal to perform the obligations under the Offer within a reasonable time. In the event that a Party refuses to perform this Offer citing the impossibility of its performance due to the occurrence of force majeure circumstances, neither Party shall have the right to demand compensation for possible or actual losses from the other Party.
10. AGREEMENT BETWEEN PARTICIPANTS IN ELECTRONIC INTERACTION
10.1. The rules provided in this section are a multilateral agreement between the Client who has accepted this Offer and the Contractor, as between participants (parties) in electronic interaction in accordance with Article 6 of Federal Law No. 63-FZ of 06.04.2011 "On Electronic Signature", establishing cases of recognition of electronic documents (including primary accounting documents) signed with a simple electronic signature as equivalent to paper documents signed with a handwritten signature.
10.2. Information in electronic form in the form of an electronic document or electronic message sent by one Party to the other Party shall have legal force only if it is sent to the corresponding email address of the receiving Party from the email address of the sending Party specified in this Offer or the Client's Personal Account, or it is sent via the Service.
10.3. When transmitting information in the form of electronic files, the Checksum value may be used to confirm their authenticity (immutability).
10.4. For the purposes of this Offer, information in electronic form sent by one Party from its email address to the email address of the other Party shall be deemed to be signed with a simple electronic signature in the form of the email address (login) of the Party, which is contained in the electronic message itself; the simple electronic signature key (login and password pair) is used in accordance with the rules established by the email service operator and the electronic message contains information indicating the Party on whose behalf the electronic message was sent.
10.5. For the purposes of this Offer, information in electronic form sent by one Party to the other Party using the Service is considered to be signed with a simple electronic signature in the form of the Party's identifier in the Service (login), which is contained in the electronic message itself, the simple electronic signature key (login and password pair) is used in accordance with the rules established in this Offer and the electronic message contains information indicating the Party on whose behalf the electronic message was sent.
10.6. Information in electronic form signed with a simple electronic signature of the Party sending it is recognized by the Parties as an electronic document equivalent to a paper document signed with the handwritten signature of the relevant Party. 1
10.7. Each Party undertakes to maintain the confidentiality of the simple electronic signature key in the form of a login and password from the information system of the e-mail service operator, the Service. In case of unauthorized access to the specified login and password, their loss or disclosure to third parties, the Party shall immediately notify the other Party thereof and take measures to restore access and/or replace the login and password.
10.8. The use of a simple electronic signature for signing primary accounting documents in electronic form is permitted until the adoption, pursuant to paragraph 4 of part 3 of article 21 of Federal Law No. 402-FZ of 06.12.2011 "On Accounting", of the relevant federal accounting standard, which will establish the types of electronic signatures used for signing accounting documents. In the event that the relevant accounting standard prohibits the use of a simple electronic signature for signing primary accounting documents in electronic form, the specified section of the Offer shall cease to be effective without terminating the Offer as a whole.
11. ADDITIONAL TERMS
11.1 Documents, notifications and messages within the framework of this Offer, including those related to its amendment or termination, may be sent either in writing as a paper document, or in electronic form in accordance with the agreement between the parties to the electronic interaction, set out in the "Agreement between the parties to the electronic interaction" section of this Offer. In particular, by sending an electronic message to the relevant email address or by exchanging messages via the Service.
11.2. Any document, notification or message in writing, if sent as a paper document, shall have legal force only if it is sent by one of the Parties to the other Party at the address specified in this Offer, the Service website or the Client's Personal Account. A document, notification or message may be delivered in person or sent by registered mail and will be considered received: - if delivered in person - on the date of delivery; – when sending by registered mail – on the date specified in the receipt confirming the delivery of the relevant postal item by the postal organization.
11.3. The Contractor reserves the right to unilaterally and without prior notice to Clients change the terms of the Offer, posting the final version of the Offer on the website https://tennis-score.pro 10 (ten) days before the changes come into force. The provisions of the new version of the Offer become mandatory for all Clients who have previously accepted the Offer from the date it comes into force.
11.4. The Client may provide, or the Contractor may request, input data related to the Service, including, without limitation, comments and suggestions related to the possible creation, modification, correction, improvement or expansion of the Service or any other sites, products and Services of the Contractor, as well as input data in relation to which the Client believes that the Contractor's development direction coincides with the Client's own business and IT goals, the technology market as a whole, etc. (collectively, hereinafter referred to as Feedback). The Client acknowledges and agrees that any information disclosed by the Contractor during the discussion in connection with Feedback is considered Confidential Information of the Contractor and will be protected from disclosure. In order for the Contractor to use the Feedback, the Client hereby grants a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right to use any information provided as Feedback, as well as to use, publish and disclose such Feedback in any manner chosen by the Contractor, as well as to display, perform, copy, create, transfer to others for creation, use, sell and otherwise use the products and Services of the Contractor and its partners, including Feedback, in any manner chosen by the Contractor, through any distribution medium without reference to the source. The Contractor receives the right to use the Feedback for any purpose without restrictions or compensation of any kind to the Client and its representatives. The Client acknowledges that the information related to the Service disclosed by the Contractor in accordance with this Agreement is intended to be used solely as a possible strategy, development methodology or functionality of the Service and does not constitute an obligation on the part of the Contractor to adhere to specific business areas, production strategy or development methodology.
11.5. In the event that any clause of the mixed agreement is not subject to literal execution and cannot be applied to the legal relations of the parties, it shall be interpreted in accordance with the current legislation of the Russian Federation taking into account the original interests of the parties, while the remaining part of the terms of the agreement continues to be in full force.
11.6. If the Client's action served as the basis for claims, lawsuits from third parties and/or orders to pay penalties from state and other bodies/organizations/individuals against the Contractor in connection with the violation of the rights of third parties and/or legislation, the Client undertakes to immediately, upon request of the Contractor, provide him with all the requested information regarding the placement and content of materials used in the Service, assist the Contractor in settling such claims and lawsuits, and also compensate for documented actual damage caused to the Contractor as a result of the presentation of such claims, lawsuits, orders.
BANK DETAILS
Individual Entrepreneur Valo Dmitry Aleksandrovich
Legal address: 350004, Russia, Krasnodar, Kozhevennaya street, house 42, office 4.
INN 591502210075
OKPO 0201833506
OGRNIP 316595800051874
TOCHKA PAO BANK "FC OTKRITIE"
BIC 044525999
Correspondent account 3010 1810 8452 5000 0999
Current account 4080 2810 3142 7000 0292
Appendix No. 1
Offers for concluding an agreement
on the use of the Service
from September 11, 2022
SERVICE TARIFF PLANS FOR PROVIDING SERVICES (2022)
Provision of Services under the Standard tariff plan |
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Access time from the moment of payment |
Available sections of the Service | Addresses of Service sections |
Description of Service Sections |
Cost, euro |
Unlimited |
Free |
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Results |
The section of the site where the results of past meetings are presented. When the user selects a past meeting, the meeting card opens, which includes the following statistical parameters: Summary statistics of the meeting - Tournament - Date and time of the meeting - Names and surnames of the players - Meeting score (indicating the score in sets) The results of the last 10 personal meetings (if there is this number of meetings, if the number of meetings is less than 10, then all meetings are displayed) of the players and the results of the last 10 adjacent meetings (if there is this number of meetings, if the number of meetings is less than 10, then all meetings are displayed) of each player from the meeting pair are also displayed. The results of personal meetings include the following parameters: -Total score of meetings -Date of meeting -Score of meeting (indicating the score in sets) -First player handicap* -First player total* -Second player handicap* -Second player total* -Meeting total* -Number of extra points of meeting* -Percentage of first player wins on a given day before the start of the meeting* -Percentage of second player wins on a given day before the start of the meeting* *This information is only available in the "Professional" tariff plan
Result of adjacent meetings, including the following parameters: -Meeting date -Meeting score (indicating the score in sets) -First player handicap* -First player total* -Second player handicap* -Second player total* -Meeting total* -Number of extra points in the meeting* -Second player first and last name* *This information is only available in the Professional tariff plan |
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Provision of Services under the "Professional" tariff plan |
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Access time from the moment of payment |
Available sections of the Service | Addresses of Service sections |
Description of Service Sections |
Cost, euro |
1 day (24 hours)
7 days (168 hours)
30 days (720 hours) |
All sections of the Standard tariff plan Service without restrictions. |
See the Standard tariff |
See the Standard tariff |
1 euro
14 euro
48 euro |