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Terms of Service

In accordance with provisions of Art. 437 of Civil Code of the Russian Federation, this document is an offer (hereinafter as Offer) from Bashkatov Dmitry Yurievich, sole proprietor (hereinafter as Administrator) addressed to any and all natural persons using Service (hereinafter as User) to conclude agreement on providing of paid functions of Service under the following conditions.

Payment of Rate or Option is full and unconditional acceptance of Offer by User.

Terms and Definitions:
Terms of Offer shall be construed in the meaning as defined in User Agreement.

  1. Subject Matter
    1. Administrator shall grant User a nonexclusive license to use paid extra functions of Service, and User shall pay Administrator remuneration.
  2. Procedure and Extent of Service's Paid Functions Using
    1. To enable Service's paid functions, User shall:
      1. have registered Account;
      2. pass authorization procedure on Service;
      3. pay or activate chosen Rate and/or Option.
    2. User is entitled to use Service's paid functions during the term and to the extent defined in chosen Rate or Option and only for its functional purpose.
    3. Access to Service's paid functions is activated during One (1) calendar day from the moment of its payment. After activation of Service's paid functions in Account, access is deemed to be granted.
    4. Information on enabled Rate, paid Options and number of remaining days of using are available in Account on Rates and Services page.
  3. Term of Use
    1. Right on Service's paid functions is limited with "right to use", and none of the provisions in this Offer involves transferring of any exclusive rights on Administrator's Service to User.
    2. Right to use Service's paid functions is granted to User by Administrator for the paid Rate or Option period.
    3. User shall use Service in accordance with Documentsand current legislation of the Russian Federation.
  4. Support and Maintenance
    1. Administrator shall provide User with technical support during Service using. Scope and extent of the support, term of responses on requests, communication channels are defined by Administrator unilaterally.
    2. Performance efficiency is ensured remotely through the server of Administrator.
    3. Term for Incident eliminating shall not be longer than ten (10) working days.
    4. The following cases are not considered as Incident:
      1. Any scheduled period of Service unavailability, about which Administrator notifies User at least One (1) calendar day before.
      2. Periods of Service unavailability for the purpose of maintenance of Administrator's technical infrastructure.
  5. Contracting with Legal Persons and Sole Proprietors
    1. Administrator shall grant access to Service's paid functions to legal persons and sole proprietors under separate agreement (hereinafter as Agreement).
    2. If User has to conclude Agreement, User shall send to Administrator's email a notification describing the required functions, period of Service activation, and organization's bank details.
    3. Administrator shall conclude Agreement subject to Rate and Options on amount of at least Ten Thousands (10 000) RUB are activated. If otherwise, Administrator is entitled to deny User to conclude Agreement and payment shall be made on behalf of representative, who is natural person, in accordance with the rules defined in Offer.
    4. During three (3) working days, Administrator shall notify User about the decision.
  6. Administrator's Remuneration
    1. Amount of remuneration due to Administrator is defined on the basis of Rate and/or Option chosen by User.
    2. Administrator is entitled at its own discretion to establish discounts on certain Rates and/or Option.
    3. Cost of Service's paid functions doesn't include any possible commissions to payment providers.
    4. Payment
    5. Rates and Options shall be paid by User through one of the payment methods pointed in Account:
      1. Bank card.
      2. Electronic money: Yandex.Money.
      3. WebMoney, Qiwi Wallet, Pay Pal.
    6. Remuneration shall be deemed to have been paid from the moment that corresponding amounts from User enters Administrator's current account.
    7. User's obligations to pay shall not be deemed to have been performed, if Administrator returns money upon the request of payment institution. In this case Administrator is entitled to deny User access to Service's paid functions from the moment that money is returned.
    8. If receipt of payment to Administrator's current account is delayed for more than Three (3) days, User is entitled to provide Administrator with evidences of payment transferring and to resolve independently the situation with the payment institution.
    9. All payments by Parties under Offer shall be made in Russian Rubles. Amount of remuneration shall not be subject to VAT by virtue of p.3 Art.346.11 of Tax Code of the Russian Federation.
    10. Rate Change
    11. User is entitled to independently change Rate:
      1. by increasing of functions. In this case User shall either pay Rates' cost difference or term of the new Rate is changed so the number of days of Rate using is reduced.
      2. by reducing functions. In this case the cost difference shall be counted so that number of days of Rate using is increased.
    12. At its own discretion, Administrator is entitled to change Rates and Options, as well as their cost, and the cost of already paid Rate or Option shall stay the same.
    13. Administrator shall notify on Rate or Option change by placing the information on Service.
    14. Cessation of Use of Paid Functions
    15. If User ceases to use Service's paid functions, including because he/she has breached terms of Offer, it shall not be cause for returning of amounts paid for Rate and/or Option.
  7. Parties' Liability
    1. If User breaches terms of Service use, Administrator is entitled to impose penalties stipulated by Documents. In this case payments made under Agreement shall not be returned.
    2. Administrator is entitled to compensate User untimely eliminating of Incident as proportionate increasing of term of use of Service's paid functions.
    3. If there are any claims, demands and/or actions against Administrator regarding the breach of the third parties rights, User undertakes to settle them and compensate Administrator damage, if any.
    4. Limitations on Liability
    5. Service is provided "as is".
    6. Administrator shall not be liable for and compensate losses that User incurs because of:
      1. reasons described in Documents;
      2. errors in performance of software and hardware suite of the payment system. If payment is not transferred on Administrator's current account because of error, then provider of e-payment system undertakes to return payment to User.
      3. failures in service providing by contractor and/or data processing and storage centers;
      4. Service disconnection to Internet and/or Administrator's servers on the User's territory.
    7. Liability of Administrator shall not excess amount of remuneration transferred by User for the period, within which the breach has occurred.
  8. Disputes ans Controversies Settlement
    1. All issues and controversies that may arise between Parties shall be settled through negotiations in accordance with the Russian Federation law.
    2. Parties shall follow the pre-court (extrajudicial) procedure of dispute settlement. Claims response time shall be Ten (10) working days from the moment of its receiving by Party-defendant.
    3. If dispute cannot be settled through negotiations and pre-court procedure, then the dispute shall be referred to the court in the place where Administrator is domiciled.
  9. Final Provision
    1. All other matters not covered by Offer shall be settled in accordance with Documents and the Russian Federation law.
    2. Administrator is entitled to change or supplement Offer at any time and without prior notice of User. New edition of Offer shall come into force Twenty (20) calendar days after it is placed on Service.
    3. User shall solely inspect any changes and/or supplements in terms of Offer, if any.
    4. If User continues using of Service after Offer is changed and/or supplemented, it means that User accepts and agrees with these changes and/or supplements.
    5. If any of provisions of Offer for any reason is considered invalid or unenforceable, the validity and enforceability of the other provisions shall not be affected.
    6. Offer is made in Russian and can be provided in English for User's guidance. If there are any controversies between Offer in Russian language and in any other language, that the provisions in Russian shall prevail.
    7. Current edition of Offer is available for User at: https://smmplanner.com/legal/agreement.

Bank details:
Bashkatov Dmitry Yurievich, sole proprietor
OGRNIP 315774600243562 / INN 121522926545
Address: 3 Sredny Ovchinnikovsky Lane, Office 304, 115184, Moscow, Russia
Tel.: +7 (499) 348 22 71
Publication date of current edition: 04.16.2018