This public contract (public offer) (hereinafter referred to as "Contract") regulates the process of provision of the package of marketing (advertising) services as well as mutual rights, obligations and relations between BigBangram (hereinafter referred to as "Contractor") and a service user (hereinafter referred to as "Customer") who accepted a public contract (offer) about the conclusion of the Contract. 1. SUBJECT OF THE CONTRACT
The Contractor provides to the Customer a range of marketing (advertising) services aimed at promotion of the goods/works/services of the Customer in the photo and video-sharing app Instagram (hereinafter referred to as "Instagram") in the manner and under the conditions prescribed by this Contract and the Customer is obliged to pay for these services.
Marketing (advertising) services represent themselves not prohibited by law means and methods that are aimed at promoting posts (photo and video) of the goods/works/services of the Customer on Instagram. 2. CONCLUSION OF THE CONTRACT
2.1. This Contract is a public contract (public offer) according to which the Customer assumes the obligation to provide services to a particular group of people (Customers) who have ordered the indicated services.
2.2. The terms of the present Contract are accepted by the Customer exclusively by being added to the current Contract as a whole.
2.3. The fact of the acceptance of the provisions of this Contract by the Customer is the payment of the services chosen from the list of services and tariffs that is published on the Contract's website and is available at https://bigbangram.com/pricing by the Customer.
2.4. In case the Customer uses the payment system bePaid to pay for the service(s) chosen on the website as well as on expiry of a 3-day trial period, a monthly subscription on the chosen service is activated automatically which is notified to the Customers at the moment of activation of the service (services).
The write-off for the automatic subscription takes place as soon as the trial period expires and subsequently every last day of the month.
After the funds are deposited, the Customer is entitled to change the service that is used. The funds deposited by the Customer can be used to pay for all the services that are provided by the Contractor.
If the subscription is canceled before the expiry of the month, it will be ceased only after the expiry of the pre-paid period. The funds that were credited for the automatic subscription are not re-computed and are nonrefundable.
At any time, the Customer is entitled to cancel the subscription via "Settings" on the control panel or by contacting the help desk via email: [email protected]
2.5. Provided this Contract is accepted in full compliance with its acceptance order, it is considered to be concluded in a simple written form, it doesn't require to be presented in a hard copy and has full legal effect.
2.6. The list of services, period and terms of their provision, as well as other information that is essential for the provision of the services offered to the Customer, is provided in the list of services and tariffs that is published on the Contractor's website and is available at https://bigbangram.com/pricing. 3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The Customer is obliged to
3.1.2. provide the Contractor with access to his Instagram account (login and password) at his own risk as well as the information on the specificity of his goods, background materials and other information that is necessary for the Contractor to provide services according to the procedures, terms, and conditions agreed by the Parties;
3.1.3. pay for the Contractor's services on time and in full in accordance with the conditions of this contract and terms published on the website https://bigbangram.com/;
3.1.4. immediately notify the Contractor in case of cancellation of the ordered services;
3.2. The Contractor is obliged to
3.2.1. provide the services referred to in paragraph 1 of this Contract properly and within a time frame agreed by the parties;
3.2.2. provide and timely publish on its website up-to-date and accurate information on the provided services, ways of their provision, payment terms and other information that is necessary for the execution of any of the services of this Contract;
3.2.3. provide consulting services (answers) on the inquiries concerning the work of BigBangram via email [email protected]
or online chat on the website https://bigbangram.com/ at any time during working hours specified on the website https://bigbangram.com/;
3.2.4. ensure confidentiality of the information received from the Customer and not to disclose it to any third parties, not to violate the copyright and rights on the intellectual property owned by the Customer;
3.2.5. suspend service in case the Customer fails to comply with the terms of this Contract.
3.3. The Contractor is entitled to
3.3.1. engage third parties for providing services under this Contract;
3.3.2. unilaterally refuse to execute the terms of the Contract if the Customer violated the terms of the Contract. In this case, the Contractor informs the Customer sending a relevant notification to the email address which is specified by the Customer, the amount paid for the services is not refunded. 4. COSTS, CONDITIONS AND TERMS OF PAYMENT FOR SERVICES
4.1. The cost of services provided in the framework of this Contract is determined based on the tariff, range of services and the payment method chosen by the Customer and published on the Contractor's website at https://bigbangram.com/pricing
4.2. The cost of services under this Contract is to be paid by the Customer on a 100% prepayment basis by transferring funds via Paypal system, bePaid system, paying via a personal bank account or in any other way that is not prohibited by law.
4.3. The date (moment) of payment is considered as:
- in case of paying via Рaypal system – the date the money is in full appeared on the Contractor's Paypal account;
- in case of paying via bePaid system – the date the bePaid system notification, that transaction/payment from the counterparty is completed successfully, is received;
- in other cases – the date the funds are transferred to the Contractor's current account. 5. ORDER OF DELIVERY AND ACCEPTANCE OF SERVICES
5.1. The provision of the Services in the framework of this Contract is confirmed by the fact of using of the provided services by the Customer and absence of written claims from the Customer related to the Services provided by the Contractor within 5 (five) bank days from the moment of Services provision.
5.2. The Customer unreservedly agrees that if the claims for the volume and/or quality of the services provided by the Contractor haven't been submitted within the time frame specified in paragraph 5.1 of this Contract, the terms of the Contract are considered to be executed and the services are considered to be provided properly, on time and in full. In this case, the amount paid is not refunded under any circumstances.
Otherwise, the Parties shall prepare a protocol of disagreements where all the shortcomings will be specified. 6. GUARANTEES AND RESPONSIBILITY OF THE PARTIES
6.1. The Customer uses the Services of BigBangram at his own risk and under his responsibility. The Services of BigBangram are provided on an "as is" basis. The Services of BigBangram are provided without any directly agreed or implied guarantees.
In particular, the Contractor does not guarantee that:
- the Services of BigBangram will fully meet all the requirements of the Customer;
- the Services of BigBangram will be provided in the continuous, fast, reliable or error-free manner.
6.2. The Customer has individual non-material and material responsibility for:
- compliance with the rules and services of Instagram as well as for compliance with the legislation (including the laws on copyright, intellectual property, trademarks, etc.)
- maintaining the security (potential loss, blocking and other possible consequences) of his Instagram account;
- published content in his account as well as for activities that are conducted from his Instagram account.
6.3. Under no circumstances shall the Contractor be liable for any damage or losses (including but not limited to loss of profit, material losses caused by the misuse of confidential and other information) related to the use or the failure to use BigBangram services including the situations when BigBangram (or a part of its functionality) fails to work, even if the Customer has sent a notification about a probability of such damages and/or losses, the Contractor is not liable to any person for illegal actions of third parties, interruption of the work due to problems with communication lines, other similar breakdown as well as malfunction of equipment that is used to provide services.
6.4. The Parties shall be exempted from responsibility for the partial or complete failure to comply with the obligations, if it is caused by an action of a force majeure, i.e. by emergency circumstances that can't be prevented by the Parties in the current conditions. These include wars (including a civil war), mass riots, resolutions of public authorities and international organizations (including placing individuals and entities on sanctions lists), natural disasters, fires, accidents, unstable power supply, global failures in work of international segments of the Internet, routing system failures, domain name system failures, breakdowns caused by hacker and DDOS-attacks. 7. DURATION OF THE CONTRACT AND ITS TERMINATION
7.1. This Contract shall be deemed to be concluded as soon as the funds are transferred by the Customer to the current account of the Contractor and is valid until the end of the payment for the payment in accordance with the tariff chosen by the Customer.
7.3. The Customer unreservedly agree that in case of the provision of a service under the contract as well as in case of the voluntary refusal to accept a service, he is not entitled to reclaim the money that has been paid for the services in accordance with the tariffs from the Contractor as well as other compensations even in case the access to the corresponding services of the Contractor has not expired.
8. FINAL CLAUSES
8.1 The Parties unreservedly recognize the legal force of the provisions of this Contract.
8.2. Amendments and (or) additions can be introduced to this Contract unilaterally by the Contractor's decision at any time.
8.3. The text of amendments and/or additions to this Contract or its new version is made by the Contractor publicly available by publishing the text of amendments and/or additions to this Contract or its new version on the website of the Contractor and takes effect upon its publication.
In the face of Customer's disagreement with the new terms of the Contract, the Customer is entitled to send a notification on the termination of the Contract within 3 calendar days from the day of publishing of amendments and/or additions to this Contract on the website of the Contractor. A notification shall be sent to [email protected]
In such a case the Contract shall be deemed to be terminated from the date of receipt of the notification from the Customer.
8.4. In case of disputes between the Parties on the issues related to this Contract, the Parties shall seek to resolve them through negotiations and consultations.
8.5. In case one or several provisions of this Contract are deemed to be invalid, it shouldn't affect the validity of other provisions of this Contract that are to be applied to regulate the relations between the Parties arising from this Contract.