1. GENERAL PROVISIONS
1.1. The text of this document is the Public Offer Agreement of Fowler Amusement Co., Incorporated under the laws of the State of California, it’s division Afftnext, hereinafter referred to as the “Company” and includes services of publishing online reviews of ad-tech companies.
1.2. The Public Offer Agreement is an official document published on the company’s website at: https://affnext.com/agreement
1.3. When paying for the services of the company, the Customer – a natural or legal person by its actions confirms the acceptance and acceptance of the provisions of this agreement specified below under the text of the Agreement and becomes the Client, and the Company and the Client jointly by the Parties to the Offer Agreement.
1.4. The Agreement of the Public Offer does not require the signature or seals by the Client, while having the legal force of the signed and sealed document.
1.5. In view of the foregoing, the Client must carefully study the text of this document. In the event that the customer does not agree with any terms and conditions, he may refuse this Offer agreement, pay and use the Company’s services.
2. SUBJECT OF THE AGREEMENT
2.1. Under the terms of this Agreement, the Company is obliged to provide the Services specified in the invoice issued by the Company, and the Customer is obliged to pay for these Services in accordance with the amount specified in the invoice.
3. ADOPTION AND ENTRY INTO FORCE OF THE AGREEMENT AGREEMENT
3.1. The Customer accepts the Offer by prepayment of the Company’s Services in respect of which the Offer Agreement is concluded. Acceptance by the Customer of this Agreement means that he fully agrees with all the provisions of this Agreement.
3.2. Carrying out the Acceptance of the Offer in the manner specified in Cl. 3.1 of the Agreement, the Customer warrants that he/she is acquainted, agrees, fully and unconditionally accepts all the terms of the Agreement in the form in which they are stated.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Company undertakes:
– Organize and ensure the proper provision of the Services prior to the Agreement.
– Use personal data and other confidential information about the Customer only for the provision of the Services, do not transfer or show to third parties, the Company’s documentation, and information about the Customer.
– To give oral and written consultations on additional questions of the Client.
The scope and timing of the preparation of the online review, as well as the format of the review, are determined on a case-by-case basis by the Company independently.
4.2. The Company has the right:
– Unilaterally determine the value of any services provided and change the terms of this Agreement.
– Independently determine the form and method of providing the Services, taking into account the requirements of legislation, technical capabilities, and specific terms of the Agreement taking into account the wishes of the Client.
– Use the services of any individuals and legal entities for the purpose of qualitative and timely fulfillment of obligations under the Agreement. At its discretion, determine the composition of professionals involved in the services provided, as well as at their discretion to distribute the work between them.
– Require payment for services rendered.
– To refuse the Client in the provision of services in case of non-payment (incomplete payment) for services within the terms established by the Agreement, if the application for services is not provided in time.
– Receive from the Client any information necessary to fulfill its obligations under the Agreement. In the event of failure to provide or incomplete/incorrect provision of information by the Customer, the Company has the right to suspend the performance of all obligations under the Agreement before providing the requested information.
4.3. The Client is obliged:
– Timely and fully pay the Company the cost of the Services provided in the manner and within the time and amount specified in this Agreement.
– Provide the Company with all documents, information, and data necessary to fulfill its obligations under this Agreement.
– Do not disclose confidential information and other data provided by the Company in connection with the implementation of this Agreement.
4.4. The Client has the right:
– Require the Company to provide information on the organization and provision of proper provision of Services under the Agreement.
– Require proper and timely provision of Services by the Company.
5. TERMS OF SERVICE PROVISION
5.1. Terms for the provision of services are negotiated individually with the Client. Terms start to be calculated from the moment of receipt by the Company of all the required amount of information from the Client.
6. COST OF SERVICES
6.1. The cost of the Services under the Agreement is determined by the Company in accordance with the Fees posted on the site https://affnext.com etc, separate services are negotiated with the Company’s employees.
6.2. All rates are in USD.
6.3. Payment for the Services under this Agreement is made on the basis of a 100% prepayment and in the manner prescribed by this Agreement.
6.4. The customer is solely responsible for the correctness of payments made by him. The moment of payment is the receipt of funds to the Company’s current account.
6.5. The Company reserves the right to change the Tariffs at its discretion.
6.6. Tariffs are indicated for standard services. In the case where the additional provision of the Services is required, the cost may be increased accordingly.
6.7. Payment for the provision of Services for the registration and maintenance of companies is charged in advance and subsequently annually.
6.8. The fee for the Services provided by the Company is non-refundable and does not include Tariffs of banks and other organizations involved in the provision of services.
6.9. In the event that the Customer provides incomplete, unreliable, or inconsistent information that has affected the result of providing the Services to the Client, the Company reserves the right not to return to the Customer the payment made for this Service.
6.10. In the framework of fulfilling its obligations under the Agreement, the Company provides a basic package of documents for the company ordered, which it previously coordinates with the Client. If the third-party requests documents that are not included in the specified basic package, the Customer shall bear the costs for the preparation and delivery of such documents.
7. LIABILITY OF THE PARTIES
7.1. The Parties are responsible for the failure or improper performance of their obligations under the Agreement in accordance with the applicable law of California.
7.3. The Company is not liable for the Customer’s failure to receive the Services, and the payment made is not refundable and other services are not transferred in the following cases:
– The e-mail address specified by the Customer at the time of the provision of the service is not available.
– The client can not receive paid services because of technical or other problems that have arisen.
8. ORDER OF CONSIDERATION OF DISPUTES AND SPECIAL CONDITIONS
8.1. This Public Offer Agreement has the force of an act on the provision of services. Acceptance is made without signing the corresponding act. Services are deemed to be rendered properly and in full if within two days from the moment of rendering the service the Customer did not file a claim.
8.2. Claims of the Client on the Services provided are accepted by the Company for consideration by e-mail within 2 working days from the moment of occurrence of the disputable situation.
8.3. The Company and the Client, taking into account the peculiarities of the provided service, shall undertake in the event of disputes and disagreements related to the provision of services, try to resolve the dispute peacefully or apply pre-trial settlement of the dispute.
8.4. The Parties shall make all reasonable efforts to settle by negotiation any disputes arising from this Agreement in connection with it, or with its violation, dissolution or validity.
9. FORCE MAJEURE
9.1. The parties are exempted from liability for full or partial non-fulfillment of the obligations of the Agreement if the failure to fulfill the obligations resulted from acts of force majeure, namely: flood, fire, strike, earthquake, war, actions of public authorities or other circumstances beyond the control of the Parties.
9.2. A party that can not fulfill obligations under the Agreement must timely, but no later than 30 calendar days after the occurrence of force majeure circumstances, inform the other Party in writing of the supporting documents issued by the competent authorities.
9.3. The Parties acknowledge that the insolvency of the Parties is not a force majeure circumstance.
10. CONCLUSION, AMENDMENT, TERMINATION OF THE AGREEMENT
10.1. The moment of conclusion of this Agreement is the moment of transfer of payment to the Company’s current account.
10.2. The Client enters into the Offer Agreement voluntarily, with the Client:
– fully acquainted with the terms of the Offer;
– fully understands the subject of the Offer and conditions of the Offer Agreement;
– fully understands the meaning and consequences of their actions with respect to the conclusion and execution of the Offer Agreement.
10.3. The Client has all the rights and powers necessary to conclude and execute the Offer Agreement.
10.4. The Customer has the right at any time to unilaterally withdraw from the Company’s Services. In the event of a unilateral refusal of the Customer from the Company’s services, the payment made is not refundable.
10.5. On all issues not regulated by this Agreement, the parties are guided by the laws of California.