Offer for the provision of paid services
Offer for paid services
1.1. This document is an official offer to registered users to conclude a service agreement on the following conditions.
Definitions and terms
Website - https://indexaco.com
A resource – a collection of linked web pages located on the Internet at a unique address (URL) https://indexaco.com.
The User– any person, who has accepted the terms and conditions of this Offer and provides access to the Website via the Internet.
Information – any information, any content, posted on the Website.
Account (personal account) — a record stored on the Website containing the information necessary to identify the User when providing access to the Website, information for authorization and accounting on the Website. Such record, including User's name and password (or other similar means of authentication). All actions performed by a specific person on the Website after purchasing paid information and consulting services are performed only from the account, access to which was opened for providing the service.
Services - the Website services on provision of limited access to the User to the Website, in accordance with the Offer terms for obtaining the previously paid information provision services at the Website. The Service may be presented in the form of a file, containing text and graphic information, in the form of access to the information at the Website, in the form of a link to a video recording or an audio recording, where the analytics is presented in the form of oral information.
Acceptance of the Offer - full and unconditional acceptance of the Offer by making 100% advance payment for the Service.
Offer – a formal offer of a certain person (offeror) to a certain person (acceptor), limited or unlimited circle of persons to conclude a deal (agreement) with the indication of all necessary conditions, hereinafter referred to as the – «Offer», «Agreement».
Subject of the Offer
3.1. The subject of this Offer is a sale by the Resource and purchase of the Service by the User for the selected period of time:
3.1.1. Subscription «Expert».
3.1.2. Subscription for analyst’s forecasts.
3.1.3. Analyst’s forecast.
Duties and rights of the parties
4.1. The Resource undertakes to provide the User with access to the Service after its payment at the Website.
4.2. The User undertakes to pay for the Service in accordance with section 6 of this Offer.
4.3. The obligations of the Parties under this Offer are considered duly fulfilled after User pays for and provides access to the Service.
4.4. The resource is entitled to:
4.4.1. Change the terms and conditions of this public offer unilaterally without prior agreement with User. The modification of this Offer is not the reason for the Resource to reject the obligations under the Offer, which has already been concluded and came into force.
4.5. The User has the right:
4.5.1. Use the Service only for personal information purposes.
4.6. The User has no right to:
4.6.1. Make backup copies of the Service.
4.6.2. Violate copyrights.
4.6.3. Publish, distribute and sell the Service or copied partially or completely information from the Service in any form.
Terms and procedure of Service provision
5.1. Terms of Service:
5.1.1. The Resource delivers the Service only in case of receipt of money in the form of 100% prepayment for the Service to a current account, electronic wallet, or other details of the Resource.
5.2. The procedure for providing the Service:
5.2.1. The User chooses the Service on the Website.
5.2.2. The User accepts this Offer.
5.2.3. The User transfers the money to the current account, the electronic wallet of the Resource, or other details of the Resource.
5.2.4. After the funds are credited to the current account or electronic wallet of the Resource, or according to other payment details of the Resource, this Offer comes into force.
5.2.5. The Resources shall provide access to the Service to the User at the Website.
Procedure of payment for the Service
6.1. The cost of the Service is indicated on the Website.
6.2. Payment is made in the USD by transferring money to a current account or an electronic wallet of a Resource or using other payment details of a Resource.
6.3. The date of payment for the Service is considered the date of receipt of funds in the amount of 100% of the ordered Service cost to a current account or electronic wallet of the Resource, or other payment details of the Resource.
6.4. The Service provided by the Resource is not subject to VAT.
Liability of the Parties
7.1. Parties are responsible for violation of conditions of this Offer in accordance with the current legislation of the Russian Federation.
7.2. Parties shall not be liable for the non-performance or improper performance of their obligations under this Offer if the non-performance was the result of force majeure circumstances, which occurred after the conclusion of this Offer and which the parties could neither foresee nor prevent by reasonable measures. In this case, the force majeure circumstances shall be confirmed by the competent state authority.
7.3. The information generated in the Analytics is the intellectual property of the Resource and is subject to protection in accordance with the Russian legislation. Distribution of the information obtained with the help of Analytics for commercial purposes is inadmissible.
Term of Agreement
8.1. The Agreement comes into force from the moment specified in clause 5.2.4 of this Offer and is valid until the Parties fulfil their obligations.
Dispute resolution procedure
9.1. In case of any disputes and disagreements related to the implementation of this Agreement, the Parties will make every effort to resolve them through negotiations.
9.2. If the disputes are not resolved through negotiations, the disputed issues will be submitted to the Court, at the location of the Resource.
9.3. Before applying to the Court, the User shall submit a claim to the Resource, not later than 1 (One) month from the date of the dispute. The claim shall be accompanied by the documents, which are necessary for consideration of the claim on the merits and which contain the information on non-fulfilment or improper fulfilment of obligations under this Agreement. The claim shall be considered not later than sixty days from the date of its receipt. In case of rejection of the claim in full or in part, or non-receipt of the answer within the period established for its consideration the User has the right to appeal to the Court. The pre-trial procedure of dispute settlement shall not be applied to the User's claims of the Resource, the Resource shall have the right to immediately apply to the Court.
10.1. This Offer is accepted by the User without changes and additions. Amendments and additions to this Offer shall be made by the Resources unilaterally, about which the User is informed through the Website of the Resources
at least 1 (one) day before the date of the amendment. User shall independently monitor the publication of changes to this Offer.
10.2. Invalidity of any term of this Agreement shall not entail the invalidity of its other terms.
10.3. The User shall ensure uninterrupted operation of the Internet channel, equipment and software on its part during provision of the Service by the Resource.
10.4. The Resource is not responsible for the User's inability to service due to the reasons related to the disruption of the Internet channel, equipment or software by the User.
10.5. In case the Service is not rendered by the Resource within the stipulated period of time due to any reason, the Resource's liability is limited exclusively to the prolongation of the Service rendering for the delay period.
10.6. The Resource is not responsible for the manner in which the User used the information received in the course of the information-consulting service, and for the results of its use by the User.
10.7. The aggregate liability of the Resources under the Offer agreement, under any claim or complaint in relation to the Offer agreement or its performance, is limited to the amount of payment, paid to the Resources by the User under the Offer agreement, and may not include other expenses, related to the performance or absence thereof by the User.
10.8. The Resources shall not be liable to the User for any loss or damage, incurred by the User as a result of deletion, failure or impossibility to save any content and other communication data, contained on the Website or transferred through the Website.
10.9. The Resource is not responsible for any direct or indirect losses, incurred due to: use or impossibility to use the Website or individual services; unauthorized access to the User's communications; statements or behaviour of any third party at the Website.
10.10. In case the User makes an advance payment, a security payment or other similar payments, the interest for the use of the Resource is not accrued and is not paid.
10.11. The resource unilaterally changes the terms of the Offer.
10.12. The updated version of the Offer is published at the Website not later than 1 (one) day before the new conditions of the Offer come into force.
10.13. In case the User continues using the Service after the new conditions of the Offer come into force, it means the User's full unconditional consent to the new conditions.
10.14. If the User does not agree with the new terms of the Offer, the User should unilaterally stop using the Website and notify the Resource thereof by e-mail: email@example.com. In this case, the amounts paid to the Resource shall not be refunded.
10.15. In case of absence of the notification on termination of the Website use, the User acknowledges its full consent to the new terms and conditions of the Offer and all its subsequent updates, until the moment of the Website Notification on refusal to use the Service.
10.16. If for any reasons one or several rules of this Offer are invalid or unenforceable, it shall not affect the validity or applicability of the remaining rules.
10.17. The legislation of the Russian Federation is applicable to this Offer.
10.18. Nothing in the Offer can be understood as establishment of the agency, partnership, joint activity, personal employment or any other relations between the User and the Resource, which are not expressly stipulated by the Offer.
10.19. By agreeing with the Offer terms, the User confirms and guarantees to the Resources that:
10.19.1. The User shall specify the reliable information about itself, including when creating the Account.
10.19.2. The User:
- fully understands the subject of the Offer;
- fully understands the meaning and consequences of his actions in relation to the conclusion and
execution of this Offer.
10.20. The Offer comes into force from the moment of User's consent with the terms of this Offer (at the moment of payment to the RAS), the validity term of which is limited by this Offer. Validity term of this Offer is limited by the term, specified in clause 3.1. of this Offer.
10.21. Any notices, applications, requests or other communications (correspondence) submitted by the Parties to each other shall be in writing, signed by an authorized representative and sent to the receiving Party by post, registered mail, e-mail or courier, as deemed appropriate. The date of receipt of correspondence shall be deemed to be the time of receipt of the mail, including registered mail, electronic delivery confirmation upon dispatch by e-mail or the date of delivery upon dispatch by courier. When considering disputes in court, correspondence of the Parties by e-mail will be considered sufficient evidence by the Parties.