Non-exclusive, publically-offered license agreement
Russian Federation, Moscow
TGPO Consult, Ltd., hereinafter "Operator", offers to any individual of legal age, as well as any legal entity, registered by the lawful process in Russian Federation or outside of Russian Federation, hereinafter "User", to enter into a licensing agreement for non-exclusive access to the program products on the site https://techabantu.com.
This proposal is a public offering (hereinafter "Agreement"), whose terms and conditions are considered fully and unconditionally accepted by means of registration on the site https://techabantu.com with confirmation of the current Agreement.
1. SUBJECT OF THE AGREEMENT
1.1. The Operator offers the User access to the program products and other informational materials in electronic form, located on the site (hereinafter "License").
1.2. The User pays on time periodic license fees and accepts the License.
2. TERMS AND CONDITIONS OF THE LICENSE
2.1. The User's paid access to the Licence on the site https://techabantu.com is available:
2.1.1. after authorization as a registered user by entering the User's personal login and password; and also
2.1.2. after paying this License.
2.2. The User does not have the right to transfer his rights by the Agreement to any third party.
2.3. The User does not have the right to transfer his personal registration data (login and password), intended for authorization on the site https://techabantu.com, and is obligated to maintain the confidentiality of these data. All operations, made on the site https://techabantu.com using the User's login and password, are considered to be performed by the User. The Operator does not bear responsibility for unsanctioned use of the User's registration data by third parties.
2.4. The Operator has the right to refuse access to the License to entities that are using, or intend to use, the License for any illegal goals, as well as to entities, that make attempts to gain access to the License by illegal means.
2.5. The User is informed and obligated to take into account the fact that the software and other informational materials, to which he receives access under the License, are the sole intellectual property of the Operator and/or other holders of intellectual rights, and are protected by the laws on intellectual property and other associated Russian and international laws.
2.6. Unless indicated otherwise in the License or on the site https://techabantu.com, the License is offered to the User 24 hours per day, 7 days per week, including weekends and holidays. The Operator has the right to pause the License to all Users and/or to certain Users due to reasons of a technical character (maintenance work, program or infrastructure updates, etc.), as well as in other situations, as outlined in the Agreement.
2.7. The Operator has the right to contract with third parties for providing the License to the User.
3. OBLIGATIONS OF THE PARTIES
3.1. The Operator is obligated:
3.1.1. to provide the User with the License within the terms and conditions of the Agreement;
3.1.2. keep a record of use and payment of the License by the User;
3.1.3. publish official communications, connected with servicing the User on the site https://techabantu.com and/or inform the User by sending information about changes to the User's electronic address, provided during registration;
3.1.4. create universal transfer documentation (hereinafter UTD) for offering the License to Users that are legal entities.
3.2. The User is obligated:
3.2.1. on time and in full to pay the License fees;
3.2.2. accept the License, provided by the Operator;
3.2.3. track on-time receipt of UTD from the Operator (for legal entities);
3.2.4. strictly follow the terms and conditions of the Agreement and rules of the site https://techabantu.com;
3.2.5. acquaint himself with the official information from the Operator, published as outlined in the Agreement;
3.2.6. immediately inform the Operator about loss or theft of his access password to the site https://techabantu.com;
3.2.7. keep proof of payment of the License fees for at least one year (payment tickets, checks, or other payment documents);
3.2.8. avoid entering any personal data about citizens of Russian Federation on the site without prior written agreement of the Operator to offer the License on hosting that meetings the requirements of Russian law for handling personal data.
4. COST OF THE LICENSE AND METHOD OF PAYMENT
4.1. The cost of the License is determined by the License pricelist, as shown on the site https://techabantu.com. VAT is included at 20%.
4.2. Paying License fees by electronic means is performed by the User, based on the payment documents for the License formed in the user interface of the site.
4.3. The License fees may be paid in Russian rubles or USA dollars.
4.4. The User is obligated to ensure the accuracy of bank details, by which he pays the License fees. If the bank details of the Operator change, from the moment of publication of the new details on the site https://techabantu.com, the User himself bears responsibility for payments made to the old bank details.
4.5. For the purposes of the Agreement, payment of License fees is accepted by those means outlined in the section "Payment options" on the site https://techabantu.com. The choice and use of options/forms of payment of License fees is made by the User by his own judgement. The User is obliged to take into consideration the fact that some means of payment require the involvement of third parties between the Operator and User, in connection with which the Operator cannot answer for the actions or lack of action of such parties. Questions of security, confidentiality of personal data, and the size of commissions or interest for such transfers is agreed between the User and these third parties by himself, and is not covered by the Agreement.
4.6. The License is considered to be paid by the User from the moment that the Operator receives:
- confirmation from the bank about receipt of the payment sum on the account of the Operator;
- details of the access card to the site https://techabantu.com and confirmation of its actuality;
- confirmation of payment from the system, through which was performed the payment.
4.7. The User agrees that for determining the amount of use of the License by the User, accounting the amount of mutual rights and obligations for providing the License, and the total sum, data exclusively from the site https://techabantu.com is used, formed by automatic processing of the User's activity, authorized by his login and password, and the License fees, as shown on the site https://techabantu.com, in force as of the moment of providing the License.
5. PROCEDURE FOR PROVISION-ACCEPTANCE THE LICENSE
5.1. The fact of provision-acceptance of the License is shown in the user interface of the site https://techabantu.com.
5.2. In case the User is a legal entity, provision-acceptance of the License is made by UTD. UTD is considered to be provided the the User for his information and sending claims from the moment, when the electronic version of UTD is available the the User on the site https://techabantu.com.
5.3. At the beginning of the calendar month, the User is obliged to familiarize himself with the electronic copy of the UTD, made available in the section "Orders" of the user interface of the site https://techabantu.com. No later than 7 working days from the moment of loading the URD on the site, the User may send to the Operator written motivation for refusing to sign the UTD (including electronic communication with mandatory sending of the original by port or courier).
5.4. If in the above-mentioned 7-day period the User has not sent to the Operator written motivation for refusing to sign the URD, the License is considered to be provided by the Operator as required and accepted by the User in its full volume. As such the paper copies of the URD, signed by the operator, are sent to the postal address of the legal entity, as provided by the User.
6. TERMS AND CONDITIONS OF USING INFORMATIONAL MATERIALS OF THE SITE
6.1. The procedure of using the program products and other informational materials in digital form, to which the User receives access on the site https://techabantu.com in the course of receiving the License, is established by the intellectual rights holder of the corresponding information materials and is shown in the license agreement or other documents accompanying said materials.
6.2. Unless indicated otherwise by the intellectual rights holder, materials, to which the User received access, may be downloaded and used from computer memory of only one computer or device of the User, and used only for its intended purpose (i.e., in agreement with the recommendations of the provider) on that computer or device. The User receives no other rights for using the materials.
6.3 For obtaining rights for using some programs or software provided on the site https://techabantu.com, the User must enter into a license agreement. The terms and conditions of the license agreement and the procedure for acceptance are provided to the User during the order process. The terms and conditions of the Agreement apply also to these subsequent license agreements, in as much as there is no contradiction with the terms and conditions of the latter.
6.4. The User is obliged to comply with the established legal restrictions on avoiding technical means for protecting intellectual property rights and other rights, applying to the intellectual rights holders of products and materials.
6.5. For violating the established procedure of using materials that are intellectual property, to which the User gains access by provision of the License, the User bears all responsibility in accordance with the appropriate laws.
7. DURATION AND CHANGES IN TERMS AND CONDITIONS OF THE LICENSE AGREEMENT
7.1. The current version of the Agreement enters into force from the moment of publication on the Internet on the site https://techabantu.com and continues until cancelled by the Operator.
7.2. The Operator maintains the right to make changes in the terms and conditions of the Agreement and/or to cancel the Agreement at any moment by his own choice. In case of changes in the Agreement from the Operator, the changes enter into force from the moment of publication, if no other date of entering into force is determined at the time of publication.
8. DURATION AND CHANGES TO THE AGREEMENT
8.1. The Agreement enters into force from the moment of acceptance by the User and continues until the moment of rescission or termination by other means, as outlined in the Agreement.
8.2. The User agrees with and accepts that any changes made to the Agreement and published on the site https://techabantu.com in the new version also change the terms and conditions of the signed and current Agreement between the User and the Operator, and these changes affect the relation between the Operator and the User after 3 working days after publication on the site in the new version of the Agreement.
8.3. The fact of deletion of the current Agreement from the site is equivalent to its cancellation. The Operator has no obligation to enter into new agreements after deletion of the Agreement from the site.
9. TERMINATION OF THE AGREEMENT
9.1. The User has the right at any time unilaterally to refuse the License of the Operator and terminate the Agreement.
9.2. The Operator has the right to terminate the Agreement with the User in the case of the User's violation of the terms and conditions of the Agreement. The Agreement is considered to be terminated from the moment of sending information of such from the Operator to the User.
9.3. If at the moment of termination or cancellation of the Agreement the sum paid by the User for the License fees exceeds the cost of the actual use of the User of the License, the difference between the sums will be returned to the User on the basis of written request, if the payment of the License fees was executed by bank transfer. If the Operator had offered a discount in the cost of the License fees based on the time period of the Agreement, the Operator has the right to reduce or cancel this discount in calculating the amount of the returned sum.
9.4. Return of monetary funds, separate from bank transfer and paid by means of a bank card (including electronic payment systems, payment cards, and SMS), is not made.
9.5. Return of unused monetary funds is made only in electronic form to the bank details provided by the User. The written request for return of monetary funds from a legal entity must be accompanied by a document, confirming the authority of the signing party (e.g., power of attorney, official appointment of the person to the role, etc.).
9.6. In the case that the User has not accessed by his login and password the site https://techabantu.com more than 2 years in a row, the Operator has the right to pause the License to that User, informing the User of the required actions for restoring access to the License. If the User still does not perform the required actions, confirming his intention to use the License, the Operator at the end of the third year of inactivity of the User has the right unilaterally to terminate the Agreement.
10. WARRANTY AND ADVANCED NOTICES
10.1. For the duration of the Agreement the Operator will use reasonable means for rectifying any interruptions or errors in the functionality of the site https://techabantu.com, which may impact users of the License. However, the Operator does not guarantee the full absence of interruptions during use of the License and retains the right to pause the site during License use for reasons of a technical character.
10.2. In relation to some program products and information materials to which the User receives access in the process of the License, their providers may provide certain warranty obligations and technical support. However, the Operator, unless indicated otherwise, is not authorized by those providers and himself does not take any warranty obligations or obligations to provide support or consultation. The Operator provides the User access to the program products and information materials in the form and quality, in which they are provided to the User ("as is"). As such, the Operator does not guarantee the absence of errors or insufficiencies in them, and does not take any responsibility for correspondence of those products and materials to the intentions, for which the User employs them.
10.3. The Operator does not guarantee performance of program products and information materials, to which the User receives access under the License, in the concrete computing environment of the User. The User by himself, at his own risk, chooses the License, taking into account his own computing environment.
10.4. Accepting the terms and conditions of the Agreement and taking the actions corresponding to its acceptance, the User ensures the Operator and guarantees to the Operator that:
10.4.1. he has provided correct information during registration on the site https://techabantu.com, during placing orders for the License, during the making of payments;
10.4.2. he has all required competency and legal capacity, as well as authority, needed for entering into and performing the Agreement;
10.4.3. he has enough understanding for conscious choice of the License, taking into account the characteristics of his own computing environment.
11. OBLIGATIONS OF THE PARTIES
11.1. The User takes all responsibility for the correctness of information provided by him during registration as a user of the License on the site https://techabantu.com and the actuality of warranties and advance notices, made in correspondence with section 10 of the Agreement.
11.2. In case of violation of the terms and conditions of the Agreement by the User, the Operator has the right to pause provision of the License until in full rectification of the violations and compensation to the Operator of any resulting losses and/or unilaterally to terminate the Agreement, sending the corresponding information to the User.
11.3. In case of sigificant violation of the terms and conditions of the Agreement by the User, which may be considered violations of points 2.2, 2.3, and section 6 of the current version of the Agreement, the Operator has the right unilaterally to terminate the Agreement, sending the corresponding information to the User.
11.4. Under no circumstances does the Operator bear responsibility for any actions or lack of action of third parties, including but not limited to any losses, damage to business repuation, harm to health of the User as the result of interruptions of the software or hardware, not belonging to the Operator, resulting in unavailability of segments of the Internet (including the interruption of operation of sites of third parties, including providers of software or hardware), resulting from the User's use (or inability to use) his own chosen means for paying the License fees.
11.5. The Operator is also freed from responsibility for violations of the terms and conditions of the Agreement, if those violations result from forces out of his control ("force majeure"), including, but not limited to: actions of government orgams, fire, flood, earthquake, other natural disasters, massive electricity outages, strikes, civil unrest, riots, or other situations, that can impact the Operator's ability to fulfill the Agreement and out of the control of the Operator.
11.6. The total responsibility of the Operator under the Agreement is limited by the monetary sum, paid by the User by the Agreement as payments for using the License.
12. OTHER TERMS AND CONDITIONS
12.1. The Agreement, its signing, and execution are regulated in compliance with the current laws of Russian Federation. All questions, not regulated by the Agreement or regulated not fully, are regulated in compliance with material law of Russian Federation. Conflict between the User and the Operator under the Agreement, which cannot be resolved by negotiations of the parties, is regulated by the procedures, established by law. Unless indicated otherwise in current law, hearings of the conflict, including court procedures, are performed in the place of State registration of the Operator - in Moscow.
12.2. Any information on the Agreement is considered to be made in the needed form and received by the other party if:
12.2.1. sent from the Operator to the User (1) to the e-mail address given by the User during registration, from the e-mail address of the Operator - on the next day after sending the electronic message, (2) published as official information on the site https://techabantu.com – within 3 working days after publication.
12.2.2. it is sent from the User to the Operator's postal address, as shown at the end of this text in the current version of the Agreement, as a registered letter with return receipt.
12.3 Personal data
12.3.1 By registering on the site and using the License, receiving non-exclusive rights, the User as a subject of personal data presents to TGPO Consult, Ltd. his personal data. For the purpose of appropriately performing the Agreement, and also for other legal purposes, the Operator stores, processes, including transfer of personal data to third parties. Since the site uses widgets from social networks and cookies of some foreign analytic services, including Google Analytics, transfer of a limited amount of data, such as the login of the User and the address of his device and its technical characteristics, by which the User visited the site, may cross national borders, about which the User is informed and gives agreement.
12.3.2 Processing of personal dataq includes actions that are allowed by point 3 of the first part of the third article of the Federal law from 27 July 2006, 152-FZ, "On personal data", including, no not limited to: collection, systemization, accumulation, storage, updating, changing, using, depersonalizing, blocking, destroying, and also making other actions with personal data, allowed by the current law of Russian Federation. The Operator has the right to process personal data of the User by writing them into an electronic database, including into a list (register) and report forms, allowed by documents, governing the presentation of reporting data (documents). The processing of personal data may be automated or performed without the use of automation. The purpose of collection, as well as the basic directions for processing personal data, are described in detail in the Policy of TGPO Consult, Ltd., accessible at https://techabantu.com/privacy-policy/.
12.3.3 By accepting the Agreement, the User also gives explicit agreement to receive promotional-informational communications and materials, sent in electronic form, mobile telephone, SMS, as well as from partners of the site administration. The indicated agreement is in force until the moment of its cancelation.
12.3.4 The storage of personal data for the indicated purposes may be for a duration of up to 6 years, unless indicated otherwise by the law. Cancellation of agreement is made to the Operator to his physical address or by scan copy to the e-mail address email@example.com.
12.4. The Agreement is a full agreement between the Operator and the User. The Operator does not take on himself any conditions or obligations relating to the subject of the Agreement, other than those shown in the text of the Agreement, excepting situations, when those conditions or obligations are fixed in written form and signed by the User and the Operator.
12.5. If any of the terms or conditions of the Agreement are pronounced invalid or illegal, or may not enter into force in compliance with the current law, that statement shall be deleted from the Agreement and replaced with a new statement, maximally meeting the original intention from the Agreement. As such, the other statements of the Agreement do not change and remain in force.
12.6. This Agreement is published in Russian and English, as such all versions have equal legal force. English will be used in all correpondence and technical information.
13. Bank details of the Operator for transactions in USD
Beneficiary: OOO TI-ZHI-PI-O KONSALT
Address: UL. LETCHIKA BABUSHKINA, DOM 16-KOR 129344, G. MOSKVA, RF
Bank name: AO RAIFFEISENBANK
Bank address: BLDG.1 TROITSKAYA STR. 17 MOSCOW
Country code: RU
Legal address: UL. LETCHIKA BABUSHKINA, 16K2, KV42 129344, G. MOSKVA, RF
Tel. +7 (985) 200-47-72