Public Offer Agreement for the Provision of Services
Social Media Promotion Service https://fexsmm.com
This agreement between the individual entrepreneur Kavijchik Artem Romanovich, hereinafter referred to as "Seller," and the user of the internet site services, hereinafter referred to as the "Customer," is a commission agreement for ordering, purchasing, and delivering Goods and defines the main terms of ordering, purchasing, and delivering goods through the internet site https://fexsmm.com. The Buyer, acting with the intention of purchasing the Product, accepts the terms of this goods sale and purchase agreement (hereinafter referred to as the Agreement) on the following terms.
1. General Provisions
1.1. In light of the above, please read the text of this public offer carefully and familiarize yourself with the service price list. If you disagree with any clause of the offer, the Executor suggests you refrain from using the services.
1.2. The public offer, expressed in this Agreement, becomes effective from the moment it is posted on the Internet at: https://fexsmm.com/agreement and remains in effect until the offer is revoked by the Executor.
1.3. Acceptance (unconditional acceptance) of the terms of this public offer (the moment of the Agreement conclusion) in accordance with Article 438 of the Civil Code of Ukraine is considered to be the fact of the Customer's payment for the Services provided by the Executor in accordance with the terms of this Agreement, in the absence of a clearly expressed written agreement of the Parties to the contrary.
1.4. By accepting this public offer in the manner determined by clause 1.3 of this Agreement, the Customer agrees to all the terms of the Agreement as they are stated in the text of this Agreement, and in accordance with the Civil Code of Ukraine is considered as a person who has entered into contractual relations with the Executor based on this public offer Agreement.
1.5. The Executor provides services for promotion in social networks and advertising (hereinafter — Services), the content and size of payment for which are published on the Internet at: https://fexsmm.com, and the order of provision and payment for which is specified in this public offer Agreement (hereinafter — Agreement).
1.6. By entering into this Agreement, the Customer understands the significance of their actions and is capable of controlling them, is not under the influence of delusion, deception, violence, threat. The Agreement is concluded by the Customer voluntarily, with preliminary full familiarization with the terms of this public offer Agreement, the content of which is understandable to the Customer. If the Customer did not have the appropriate authority at the moment of accepting the public offer on behalf of a legal entity, then as an individual, he assumes all responsibility for the performance of this public offer.
1.7. The Executor has the right at any time at its discretion to change the terms of the public offer (this Agreement) or revoke it. In the case of changes by the Executor to the terms of this Agreement, the changes take effect from the moment the changed terms are posted on the Internet at: https://fexsmm.com/agreement, unless another term is specified by the Executor when posting such changes. The Customer agrees and acknowledges that making changes to this Agreement entails making these changes to the Agreement concluded in accordance with clause 1.3 of this Agreement and effective between the Customer and the Executor, unless otherwise determined by the Executor when making changes to this Agreement.
1.8. The Executor has the right at any time to change the Price List and the terms of this public offer unilaterally without prior agreement with the Customer, ensuring the publication of the modified terms on the Internet resource at: https://fexsmm.com/agreement
2. Parties and Used Terms
2.1. Parties — Executor and Customer.
2.2. Executor — a person providing services for promotion in social networks and advertising through the Web site on the Internet at: https://fexsmm.com. The Executor is one of the parties to this public offer Agreement.
2.3. Customer – a person who has accepted the offer and thus becomes the Customer of the Executor's services under the concluded offer Agreement. The Customer is one of the parties to this public offer Agreement.
2.4. Offer Agreement – an agreement between the Executor and the Customer for the provision of services for promotion in social networks and advertising, which is concluded by accepting the offer. The offer Agreement is published on the Internet at: https://fexsmm.com/agreement.
2.5. Acceptance of the offer – full and unconditional acceptance of the offer by the Customer by performing actions specified in clause 4.4 of this offer. Acceptance of the offer creates the Offer Agreement.
2.6. Service — the entirety of all Services provided to the Customer using the Website at: https://fexsmm.com.
2.7. Services — a set of technical functions provided to the Customer as
part of paid acquisition of services for promotion, boosting, and advertising. In particular, the Service's services solve the task of attracting subscribers, likes, reposts, comments, and other activities to the Customer's accounts in social networks. The volume and quality of the provided Services can be changed by the Service unilaterally without prior or subsequent notification of the Customer.
2.8. Website — "fexsmm" Service, providing online promotion services in social networks located at: https://fexsmm.com.
2.9. Price List — the current systematized list of the Executor's services with prices, published on the Internet resource at: https://fexsmm.com.
3. Subject of the Agreement
3.1. The subject of this offer is the provision of services for promotion in social networks and advertising to the Customer in accordance with the terms of this offer and the current price list of the Executor's services.
3.2. The list of provided social network promotion services is listed on the site https://fexsmm.com, which is an integral part of this offer.
3.3. The specific list of Services provided to the Customer is determined based on the Customer's application and/or the invoice issued by the Executor and paid by the Customer. From the moment of payment of the invoice, it becomes an integral part of the Agreement concluded between the Customer and the Executor, determining the composition and cost of the Services provided under the Agreement.
4. Order of Provision and Payment for Services
4.1. The provision of services for promotion, advertising, and boosting in social networks is carried out in full provided that they are 100% (one hundred percent) paid by the Customer. The conditions for performing the service, as well as its description/characteristics, are strictly individual and are detailed on the specific page of ordering and purchasing the service/product. By placing and paying for an order on the site, the Customer confirms their full agreement with these rules and the characteristics/description of the product/service.
4.2. Having familiarized themselves with the Executor's service price list and the text of this public offer, the Customer forms an electronic application on the site: https://fexsmm.com.
4.3. Based on the received application, the Executor automatically issues an invoice (receipt) to the Customer for payment of the selected service in electronic form.
4.4. The Customer transfers funds by payment in any way through the payment gateway provided by the Executor's partners.
4.5. After the Customer's payment of the issued invoice and crediting of funds, the offer Agreement comes into effect.
4.6. Within no more than 7 working days from the moment of the offer acceptance, the Executor provides the services to the Customer in accordance with his application unless another term of execution is specified in the application.
4.7. Services are considered to be properly and fully provided if within 24 hours from the moment of providing the services, the Customer has not sent a motivated refusal to accept the service to the Executor's address.
5. Terms of Refund
5.1. The Executor bears no responsibility for the possible write-off by third parties of the work performed by the Executor and is not obliged to refund the money. Even in the case of write-off by third parties of the work performed by the Executor, the service is considered to be fully performed.
5.2. Refunds are not made if the order could not be fulfilled due to an error by the Customer (for example, if an incorrect link was specified when placing an order, or if the page specified by the Customer was blocked, etc.), as well as if the content posted by the Customer violated the rules of social networks or the current legislation of Ukraine.
5.3. If the Customer specified an incorrect link, then the order is considered executed, and the money is not returned to the Customer.
5.4 If the Customer specified a non-existent link and the order was not executed, then it is marked as “Canceled”, and the funds are returned to the balance of the user's personal account.
5.5. The return of unused funds from the Customer's balance account on the Website https://fexsmm.com is possible only if an application is formed indicating the date and time of payment, sent to the email address support@fexsmm.com. Funds will be returned to the same account from which they were deposited by the Customer after the user identification procedure based on Within 30 days, the seller must return the money for the goods (part 4 of Article 12 of the Consumer Protection Law). The refund of money occurs with the withholding of a commission of 15% (Fifteen percent) from the refund amount to cover the costs of payment acquiring and other expenses.
6. Rights and Obligations of the Parties
6.1. Under this Agreement, the Executor undertakes to provide the Customer with a set of Services specified in the Customer's application and/or the invoice paid by the Customer, and the
Customer undertakes to accept and pay for them in accordance with the terms of this Agreement.
6.2. The Customer is obliged to independently familiarize themselves with the current edition of this Agreement, posted on the Executor's website on the Internet on the publicly accessible page https://fexsmm.com/agreement.
6.3. For non-performance or improper performance of obligations under this public offer, the Parties bear responsibility in accordance with the current legislation of Ukraine. The Agreement becomes effective from the moment of the offer acceptance and remains in effect until the Parties fulfill their obligations. All disputes and disagreements are resolved through negotiations between the Parties. The term for considering complaints is thirty days.
6.4. By registering on the site, the customer agrees to receive informational newsletters from the site fexsmm.
7. Dispute Resolution Procedure
7.1. All disputes, disagreements, and claims that may arise in connection with the execution, termination, or recognition as invalid of the Agreement, the Parties will strive to resolve through negotiations. The Party that has complaints and/or disagreements sends the other Party a message indicating the arisen complaints and/or disagreements.
7.2. In case the response to the message is not received by the sending Party within 30 (thirty) working days from the date of sending the relevant message, or if the Parties do not come to an agreement on the arisen claims and/or disagreements, the dispute is subject to resolution in court at the location of the Executor.
8. Limitation of Liability
8.1. The website may contain links to other resources. You acknowledge and agree that the Website bears no responsibility for the availability of these resources and their content, as well as for any consequences associated with your use of the content of these resources.
8.2. You also agree that the Website bears no responsibility for your personal data that you provide to third-party resources and/or other third parties in case of transitioning to them from the Website.
8.3. The Executor does not guarantee against protective actions that third parties, including social networks, may undertake against mass boosting. Money in such cases is not refunded.
8.4. The Executor bears no responsibility for any possible damage caused to the Customer, his profiles in social networks, or his business, as well as for any types of losses that occurred as a result of using the Service or individual parts/services/products/functions of the Service.
8.5. By using the Service's services, the Customer takes full responsibility for the consequences of boosting, including possible account/profile/page blocking.
8.6. In case the Customer uses several Promotion, Boosting, and/or Advertising Services simultaneously, the Executor cannot guarantee the quality of the executed order, bears no responsibility for its execution, and does not accept claims regarding quality.
8.7. Responsibility for the actions of minors, including their purchase of services/products from the catalog on the Website, lies with the legal representatives of the minors.
8.8. In case of non-performance and/or improper performance by the Executor of obligations to provide services due to the provision of false and/or invalid data by the Customer, as well as non-compliance by the Customer with the terms of this Agreement, the Executor bears no responsibility and does not return the money.
8.9. The Executor bears no responsibility for violation of the terms of the offer agreement if such violation is caused by the action of force majeure circumstances (force majeure) or circumstances that do not depend on the work of the Executor, including: changes in the work of social networks, actions of state authorities, fire, flood, earthquake, other natural actions, lack of electricity and/or failures of the computer network, strikes, civil disturbances, riots, any other circumstances, not limited to the listed, which may affect the fulfillment by the Executor of the terms of this public offer and uncontrollable by the Executor.
8.10. In case of impossibility to provide services due to the fault of the Executor, the Executor undertakes to refund the money paid by the Customer to the balance of the Customer on the Website. In other cases, the refund is not made.
8.11. To fulfill its obligations under this Offer, the Executor has the right to involve third parties.
8.12 The User consents to the storage, processing, and transfer, including transfer to a third party, of data about their orders.
8.13 The use of personal data and other information of the User, including provided when placing an order on the Site, under this Offer is carried out exclusively for the purpose of fulfilling the Executor's obligations.
8.14 Partial or full reimbursement of funds will not be made by the Executor if the User requests to interrupt the execution of the order.
9. Privacy Policy
9.1. The terms of the Privacy Policy and relations between You and the Website related to the processing of personal data are regulated based on the Constitution of Ukraine and the Law of Ukraine "On Protection of Personal Data" dated 01.06.2010 No. 2297-VI (hereinafter - the
Law).
9.2. The Privacy Policy applies to personal data that the Website has received or may receive from You during registration and/or placing an order on the Website, necessary for the fulfillment of the Website's obligations regarding the service/product purchased by You and/or your access to the services of the Website.
9.3. The Privacy Policy is available at the link https://fexsmm.com/privacy.
10. Final Provisions
10.1. The offer Agreement and all arising legal relations are governed by the legislation of Ukraine. All arising disputes are resolved in accordance with the legislation of Ukraine. This offer Agreement is posted for an indefinite term and loses its force upon its cancellation by the Executor.
10.2. If a court recognizes any provision of the Agreement as invalid or unenforceable, this does not entail the invalidity of other provisions of the Agreement.
10.3. The Customer is obliged to independently monitor changes in the provisions of this Agreement and bear responsibility for the consequences related to non-compliance with this obligation.
10.4. Inaction by the Executor in case of violation by the Customer of the provisions of the Agreement does not deprive the Executor of the right to take appropriate actions later to protect its interests.
10.5. The Customer confirms that they have read all the provisions of the Agreement, understand and accept them in full.
10.6 If the Customer disagrees, they must stop using the Site https://fexsmm.com and refuse the Executor's Services. Otherwise, the continued use of the Site by the Customer means that the Customer agrees with the terms of the Offer in the new edition.
10.7 Contact information of the administration for all questions: support@fexsmm.com