User agreement for https://eliteapt.com
1. GENERAL TERMS AND DESCRIPTION
The contractor is FANTASIS Limited Liability Company, the owner of the rights to the Eliteapt.com platform, PSRN 1216100034776, TIN 6161095526, KPP/RRC 631801001, legal address: 423450, Russian Federation, Republic of Tatarstan, city of Almetyevsk, 3 Suleymanovoy Street, apt. 103, enters into a contract with a client or agent, and may also provide real estate marketing, resale and other real estate services;
The private page is a closed section of the EliteAPT platform where members (real estate professionals, developers, brokers, consultants, law firms, etc.) can interact on the sale/rent of real estate (service offers), set affiliate commissions and receive information about affiliate commission rates from clients and other EliteAPT members;
Rules and conditions for cooperation and participation in the EliteAPT international affiliate sales system - a set of rules that all members of the EliteAPT international affiliate sales system must comply with;
Application form - a set of rules that all members of the EliteAPT affiliate sales system (real estate professionals, brokers, etc.) must comply with in order to purchase client real estate (services) through the website (platform) Eliteapt.com;
Application Form - means an application form for members of the EliteAPT International Sales Partner System (real estate professionals, brokers, etc.) to purchase / rent client real estate (services) through the website (platform) Eliteapt.com. Application form means application form;
Direct Application - means an application for the purchase / rental of real estate and / or services of a client received from a client (individual or legal entity) who is not a member of the Eliteapt.com International System of Selling Associations, through the website (platform) Eliteapt.com;
Client registration - means that the client fills out the registration form on the site (platform) Eliteapt.com. After approval, the Contractor provides the Client with the appropriate password and access code to access the Contractor's website and the personal page of the registered Client;
Agent (broker) / consultant commission is the commission received by the client for the sale of real estate (or other services) / the provision of leaseback services. The amount of the commission is determined by the client when registering the sale of real estate (or services) in the EliteAPT partner sales system.
Affiliate commission is an agency fee received by a partner for transferring a client's real estate (or services) to another member of the EliteAPT partner sales system at the request of this other member and completing a real estate transaction. The ratio of commissions and remuneration of the consultant. Commission / consulting fee must be specified by the client when placing an advertisement for a property / service in the partner sales system EliteAPT;
Client - (a) is a legal entity (for example, a real estate, brokerage, development, consulting, law firm, etc.) and is authorized to carry out activities related to law, real estate services and / or real estate development in accordance with the legal requirements of the country of registration and countries of operation, or the owner of the property (owner, owner, legally authorized to manage/sell/sell the property) and signed this agreement to list the property on the Eliteapt.com platform;
(b) Individuals or individual entrepreneurs who are entitled to carry out activities related to law, real estate services and / or real estate construction in accordance with the requirements of the legislation of the country of residence (residence / registration), who are the owners of real estate (persons with legal authority to manage/sell/advertise owner owned property) and have signed this sale/lease agreement Any person who has posted a real estate listing on the Eliteapt.com platform;
Affiliates are members of the EliteAPT Affiliate Sales System who interact with each other to make affiliate sales. Advertising - text, images and other information on the site that describes your property and services.
Your account is text, images and other information on the site that describes your experience and opportunities.
Images - photos (avatars), photos/images attached to your property and added photos/images.
Additional functions - special (optional) functions for creating, modifying, managing and promoting your information on the platform (website) EliteAPT (Eliteapt.com).
Price List - a payment system for providing access to the EliteAPT platform (Eliteapt.com) for a period of your choice, in which you pay for additional features of the EliteAPT platform (Eliteapt.com) in the amount specified in the Price List.
Basic Platform Access is a service provider's service to create a personal account and allow the customer to post information on the platform.
Extended Access to the Platform - a service from the Service Provider, within which the Customer is provided with extended access to the platform with the ability to use additional functions in accordance with the approved rules, which are an integral part of this Agreement.
2. SUBJECT OF THE CONTRACT
2.1. The Contractor provides the Customer with basic access to the EliteAPT platform (website) (Eliteapt.com), to the Eliteapt.com website (platform) and, at the discretion of the Contractor, to other information and technical resources on the Internet. Access is provided in The Contractor provides the Customer with the opportunity to use the services (hereinafter, unless otherwise specified in this Agreement, the "Services"), and the Customer accepts the services provided by the Contractor and pays for them in the manner and on the terms established by this Agreement. Under this Agreement, the Contractor has the right to provide the Customer with additional paid services provided for in this Agreement and other mandatory documents of the platform, and the Customer receives proper instructions for the provision of such additional paid services. The list of additional paid services subject to this Agreement and the term for their provision will be agreed upon by the parties after the Customer selects the appropriate additional paid services on the Platform. The ordered additional paid services come into force after their selection (order) on the Platform at the initiative of the Customer and their full payment in accordance with the price list. The obligation of the Contractor to provide the Customer with additional paid services comes into force from the moment of the order and full payment by the Customer in the manner prescribed by this Agreement.
2.2. This agreement is a public agreement under which the Contractor undertakes to provide services to all customers who have applied for services to the Contractor. This Client Agreement is concluded on behalf of the brokerage firm represented by the Contractor. Direct relations for the provision of services (providing access to the platform) under this Agreement arise between FANTASIS LLC and the Client.
2.3. The message to the customer of the text of the contract on the site is a public offer of the contractor, on the basis of which the contractor enters into an agreement with all customers who agree to conclude it.
2.4. The conclusion of the contract is the registration of the client in the contract, i.e. without conditions, exceptions and conditions, and this occurs by fully accepting the terms of the contract. The registration of the Client on the Platform, (or) the transfer of funds to the Client for the services rendered, (or) the use of a password and access code for the first entry into the personal account, represents the unconditional acceptance by the Client of all the terms of the agreement, and the acceptance by the Client of such an acceptance implies the unconditional acceptance by the Client of the conditions of this agreement, accompanied by the fulfillment of obligations assigned to the Client under this agreement. Registration of the Client, (or) transfer from the Client to the Client, (or) use of the password and access code for the first entry into the personal account, means the full and unconditional acceptance of this agreement, and failure to comply with this condition does not relieve the Client from liability for failure to comply with the terms of this agreement.
2.6. If you do not agree to be bound by this Agreement, you must not register on the Website, make any payments (including deposits) and/or use the Promoter Services.
2.7. Subject to what is stated in the text of this Agreement, the Promoter Services are an integral part of this Agreement; will be governed by the rules of the EliteAPT Terms of Participation, the Privacy Policy and additional features of the Platform, which are an integral part of this Agreement.
2.8. If necessary, the Client and the Provider have the right to sign this Agreement at any time in the form of bilateral documents that do not contradict the terms of this Agreement. The terms of this Agreement do not apply to the Customer, who has entered into a separate agreement with the Provider on terms different from this Agreement.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. Any person wishing to become a client must register on the appropriate page of the site. When registering, the customer undertakes to provide true, complete and accurate information about himself in the registration form (questionnaire) and regularly update it to ensure its accuracy and completeness. The Customer undertakes not to mislead about the identity/name of the Contractor and/or other users of the site and not to disclose on the site the home and legal address, telephone number, e-mail address, passport/registration data and other information of third parties without their written consent. The client is obliged to do so. If the Customer provides an incorrect email address, the Promoter reserves the right to unilaterally refuse to provide services to such Customer, regardless of any court decision.
3.2. The Customer undertakes that the Promoter will not disclose the Customer's personal data provided during registration without the written consent of the Customer. The Client agrees that the Contractor may use the Client's personal data provided by the Client during registration for processing (systematization, storage, retention, clarification, use and destruction) in order to provide information services to the Client, as described in the site's work and privacy policy. The client is informed that he has the right to withdraw his consent to the use of the personal data provided by him at any time in the manner prescribed by the privacy policy.
3.3. You agree that any action taken on the Website through your page will be deemed to be taken by you. You are solely responsible for any activity that occurs under your account and for any consequences that arise or may arise from such use, in accordance with this Agreement and the law.
3.4. By registering, you agree to receive newsletters to your email address and/or mobile phone.
3.5. You may not assign, assign, sell or otherwise transfer your username and password to access the Website to any third party without the consent of the Client. If the Client transfers the login name and password to a third party, the Client is solely responsible for the actions of that third party.
3.6. Customers who violate this Agreement may be temporarily or permanently denied access to the Site and other services of the Contractor.
3.7. The Contractor undertakes:
3.7.1. Provide the Customer with Services in the amount and for the period specified in this Agreement;
3.7.2. During the term of this Agreement, ensure the availability and correct display of the Customer's information on the website (Platform) Eliteapt.com, international sales systems of Partners-Sales Agents and other information and technical resources of the Organizer;
3.7.3. Ensure the availability and correct display of the Customer's information on the Internet, posted on the site (Platform) Eliteapt.com, international sales systems of Partners-Sellers and other information and technical resources of the Organizer;
3.7.4. Ensure the availability and correct display of the Customer's information on the Internet, posted on the EliteAPT website (Platform). com, EliteAPT Partner's international sales systems and other information and technical resources;
3.7.5. Consult with the Customer by phone, e-mail or in any other way on any issues that the Customer may have in connection with the provision of the Services;
3.7.6. Ensure the confidentiality of information on the Internet 3.8. The Contractor is liable to the Customer if the Customer fails to fulfill its obligations under this Agreement, including the provision of accurate and complete information about the resources of the Contractor and payment for the services of the Contractor, or if the Customer violates the conditions for providing information about the resources of the Contractor, set forth in the Eliteapt.com Rules;
3.8.1. Refuse to publish information about the site (platform) Eliteapt.com, other information and technical resources and block the publication of such information and its removal, if the terms of cooperation and participation in the EliteAPT partner sales system provide for such information and its removal;
3.8.2. Block information published by clients, if the terms of cooperation and participation in the EliteAPT partner sales system provide for such information and its removal;
3.8.3. Block information published by clients, if the terms of cooperation and participation in the EliteAPT partner sales system provide for such information and its removal;
3.8.4. Block all information (such as IP addresses, cookies, addresses of requested pages, etc.) to which the client has access on the Eliteapt.com website (platform), the EliteAPT affiliate sales system and other information and technical resources, as well as any the resulting information;
3.8.5. Do not accept a complaint from you if such a complaint is filed after the deadline for filing a complaint (clause 3.10.6 of this Agreement);
3.8.6. unilaterally and unlawfully restrict your use of the Site or modify the terms of this Agreement. Information about such changes will be posted by the Contractor on its website and in the newsletter;
3.8.7. If you agree to use the Contractor's Website after any changes to this Agreement are made, you are deemed to have agreed to such changes and/or modifications;
3.8.8. Place advertisements and/or other information on any part of the Website without your consent;
3.8.9. Use the Contractor's Website for any purpose other than those for which it was provided;
3.8.10. Use the Contractor's Website for the purposes specified in this Agreement. Organize all ads, offers and photographs and remove them from publication on the Website at its own discretion and at any time, without giving reasons;
3.9. In its sole discretion, modify or remove any information posted on the Website at any time and for any reason;
3.9.1. Suspend, restrict or terminate the Client's access to the Services;
3.9.2. Unilaterally and without permission remove from its servers any information or material that the Contractor considers inappropriate, undesirable or violates this Agreement;
3.9.3. Improve the Services and offerings;
3.9.4. Develop, at its discretion, a referral system, promotions and bonus programs, which will be regulated by a separate document that will be posted on the Platform;
3.9.5. Unilaterally make changes and additions to the documentation of the Platform regulating the operation of the Platform, the referral system, promotional and bonus programs, additional paid services (which may be presented in separate documents), etc.
3.10. Undertakes to comply with the terms and conditions of cooperation for participation in the Eliteapt.com International Partner Sales System and pay for the services provided by the Contractor in the manner, amount and terms established by this Agreement;
3.10.1. Timely provide the Contractor with the necessary information specified in Eliteapt.com, described in the platform section;
3.10.2. Do not use the Service to disseminate information with content that is contrary to international law, the laws of the country in which the Client is located or operates, or the laws of the Client's country;
3.10.3. Maintain the security and confidentiality of the information you receive from the Client regarding the Service (for example, the Client's contact details, name, password, mobile phone number, work email, etc.).
3.10.4. Not engage in activities aimed at violating network security or disrupting the Eliteapt.com website (platform), EliteAPT partner sales systems or other IT resources of the Contractor;
3.10.5. Do not use the Contractor's services for activities aimed at violating network security, disrupting the operation of software and hardware available on the Internet, or network attacks on any resources. Do not use the Contractor's services for activities aimed at violating network security, disrupting the operation of software and hardware available on the Internet, or network attacks on any resources;
3.10.6. Notify the Contractor of any complaints regarding the quantity, quality or date of publication of information about the Customer by e-mail to the Contractor's manager info@eliteapt.com within 24 hours after the publication of such material;
3.10.7. In the event of a complaint against the Customer by a third party regarding the information published by the Customer, provide the Customer with documents and other evidence confirming his rights to the disseminated information;
3.10.8. Respect intellectual property rights and the rights of neighbors to information, photographs or other images uploaded by the Customer to the Eliteapt.com platform, or other images, means of personal identification (trade names, trademarks / service marks) and domain names, in accordance with intellectual property rights and the rights of neighbors. By performing the above actions, the Client confirms, guarantees and agrees that he/she owns the copyright to such information and photographs/images or has documents confirming his/her right to download them. By uploading such information and photos/images, the Customer agrees that the uploaded photos/images and text information can be used on the Eliteapt.com website (platform), in promotional materials and publications (online and offline) and otherwise in accordance with the policy of the Provider;
3.10.9. You consent to such use.
3.10.10. The Customer grants the Contractor a non-exclusive, unlimited, irrevocable, unconditional and perpetual right and license to use, reproduce, display, copy, distribute, license, transmit, host and translate into foreign languages text and photographs / images in any way at the discretion of the Contractor. By uploading photos/images, you assume all legal and moral responsibility;
3.10.11. Provide up-to-date and accurate information in the announcement at the time of publication and comply with all legal requirements applicable to the publication process and the content of such information or data.
3.11. The customer has the right:
3.11.1. require the Contractor to provide the Services properly;
3.11.2. Use additional features of the Platform in the manner prescribed by this Agreement and other mandatory documents of the Contractor;
3.11.3. Order additional paid services, if necessary;
3.11.4. Receive advice from the Contractor by phone, e-mail or in any other way regarding problems arising in connection with the provision of the Services;
3.11.5. Acquire additional services for a fee in accordance with the procedures established by this Agreement or other mandatory documents of the Platform;
4. Cost of services and payment procedure
4.1. Payment for the Services is an integral part of this Agreement on the site https://eliteapt.com.
4.1.1. The price list may provide for the purchase by the Client of additional paid services, when it is necessary in accordance with this Agreement and other mandatory documents of the Platform. The provision of additional paid services is carried out by the Contractor at the request of the Customer (at his choice) within the framework of this Agreement and in the manner prescribed by this Agreement;
4.1.2. For the Customer, the currency of this Agreement and payments under this Agreement is the euro.
4.1.3. The estimated total cost of the Services provided (offered) under this Agreement shall not exceed 30,000 euros. If the remuneration for the Services provided (offered) under this Agreement exceeds (reaches) the limit established in this article, the Customer is informed of the need to conclude a separate agreement.
4.2. The Customer can pay for the Contractor's Services related to the provision of basic access to the Platform in two ways. The Customer can pay in the form of a choice between options;
4.2.1. The first option is payment according to the tariff for providing access to the Platform for a fixed period of time, depending on the tariff plan chosen by the Customer. In this case, payment for the service must be made in advance. If the Client chooses this payment option, the Client has the right to use additional functionality, subject to the acquisition of extended access to the Platform;
4.2.2. The second option is available after the transaction has actually taken place through the Platform, i.e. after the transaction is Eliteapt.com payment for the service if the transaction is made on a direct order received by the client from the platform, i.e. after the transaction is actually made by the client as a result of a direct order received by the client from the Eliteapt.com platform, the amount payable for providing access to the platform after the transaction is actually made by the client is as follows.
- For real estate agents: 10% of the agency commission;
- For developers: a percentage of the cost of a development project put up for sale, as indicated in the personal account;
- For consultants: 10% of the consultant's fee. Payment in this case is made by the client within 30 calendar days from the date of receipt of the commission for the transaction or the cost of the development project put up for sale (in part or in full);
An actual transaction is a sale/lease/service to a customer obtained through the website application, whether it is the purchase/rent/service of a specific object in the application or the sale/rent/service of another object to the same client in the process. Means commission for rented development work The price of the sold/leased development work/service is considered to be a transaction paid by the client. If the client chooses this payment method, he has the right to use additional features, subject to the purchase of advanced access to the platform.
4.2.3. If the client has chosen the first payment method described in clause 4.2.1, the payment will be credited to the client's account in accordance with the price list described in clause 4.2.1. In this case, the service period is determined by the selected price list and depends on the second payment method described in paragraph;
4.2.4. If a business client uses EliteAPT without transferring payment to the Contractor's account in accordance with the price list described in clause 4.2.1, or after the end of the platform payment period, it is considered that the Customer has accepted the second payment method described in clause 4.2.2. If the Customer does not pay for the Services under this Agreement in accordance with clause 4.2.1. of this Agreement, the Provider may suspend the provision of Services until the Customer makes payment in accordance with clause 4.2.1. actual agreement.
4.3. When using the EliteAPT international affiliate sales system, payment for services is made by the Client in the manner prescribed by this article. For all transactions carried out using the Eliteapt.com affiliate sales system, the Client pays the Partner a fee for providing access to the EliteAPT platform in the amount of 10% of the commission, paid to the Partner. In this case, the payment to the Partner is reduced by the amount of services provided by the Eliteapt.com platform. The Client must notify the Partner within seven (7) days of the transaction. Payment in this case must be made by the Client within 30 calendar days from the date of receipt of the commission associated with the transaction. Partners can only use additional features if they have purchased advanced access to the platform.
4.4. Once the trade status changes to "Transaction completed" in myAlpari (i.e. directly from the Eliteapt.com platform received by the Client after the Client has executed the trade with the order), if the Client chooses the second payment method, the Client will be required to pay a fee and provide a statement showing the amount paid by the Client as specified in this Agreement.
4.5. Regardless of the chosen method of payment for the Services, the Client has the right to receive payment for the Services on the Platform from the Company.
4.6. The Client has the right to connect extended access to the Platform and gain access to additional features by purchasing (ordering) additional paid services applicable to the Client's personal account. The content of the offer, its validity period and conditions for access to additional functions are described in the corresponding section of myAlpari. The provision of additional paid services to you, including the offer of extended access to the Platform, can be carried out only after your full payment, unless otherwise provided by this Agreement or other mandatory documents of the Platform. The provision of additional access to the Platform is governed by the rules for using additional features of the Realty Platform (Realty.com) (Site), which are an integral part of this Agreement.
4.7. The provision of the Services to the Customer under the Contract is confirmed (should be confirmed) by the act of acceptance in respect of the Services rendered, which is drawn up and signed by the Contractor separately in accordance with the law. Such statutory form is printed on the personal account of the Customer with the consent of the Contractor. At the same time, on a monthly basis (when access to the purchased platform is resumed, provided that the services were paid in accordance with section 4.2.1 of this agreement), the Contractor draws up a service provision certificate corresponding to the last day of the month in which the services were provided, and signs it at choice the Customer or the Client as provided in section 4.2.2 of this agreement. The certificate must be dated within 5 (five) working days from the date of payment for services.
4.8. If the Customer, within ten (10) calendar days after the unilateral action of the Contractor for the provision of Services or within ten (10) calendar days after the end of the billing period, does not submit a written claim for the Services provided by the Contractor in the billing period, the Contractor at any time during the billing period period provides the unconditional consent of the Customer, which is considered as a direct consent of the Customer to the provision of the Services. 4. The Customer may require the Contractor to provide the Services. .8 The Customer shall bear all costs associated with the transfer of funds to the Customer's account.
4.9. Payment for the Services under this Agreement is made only in cash in the manner prescribed by the Platform Rules. When making a payment, the payer must provide information that must be associated with a particular Client making the payment.
5. The EliteAPT platform login process and upload ads
5.1. Advertisements can be uploaded to the Eliteapt.com platform in three main ways approved by the Client:
1) Manually from Eliteapt.com account;
2) Via XML or API;
3) By automatic copying from the Client's website.
5.2. If the Client (legal entity) connects to the EliteAPT platform and registers on the platform in the prescribed manner, the Client ensures the creation of the Client's company page.
5.3. When placing advertisements on the platform, the Client is obliged to comply with the law, not violate the rights or legitimate interests of third parties or the rules of morality and decency, not engage in unfair or inappropriate advertising, etc.
5.4. The Client is prohibited from placing advertisements, and the detected advertisement will be immediately removed from the Platform. The Client reserves the right to moderate and delete any information posted on the Website.
6. Rules for organizing partnership deals using EliteAPT tools
6.1. All partners who are members of the platform are required to display in their personal account the amount of the affiliate commission of the partner (advertiser) placed in the system. Partner commissions are visible only to professional real estate market participants who have entered into an agreement with the EliteAPT platform.
6.2 Upon receipt of an application from a partner for the purchase or rental of real estate or the provision of services, the client can apply to the EliteAPT platform, guaranteeing the payment of a commission in the amount determined upon receipt of the application, to all partners who transfer information about a potential client to the client through the EliteAPT platform. The client guarantees the payment of a commission in the amount determined upon acceptance of the application. The client pays the affiliate commission directly to the affiliate after deducting the commission for EliteAPT services.
6.3. The partner's commission is paid to the partner after the completion of the transaction and the receipt of commissions from the sale or lease of real estate or the provision of services by the client.
6.4. You are eligible to receive a commission from an affiliate when you contact them through the EliteAPT platform. In this case, the commission is paid only when the partner completes the transaction and receives the commission, as well as when the client's request to the partner is received and accepted by the partner through the EliteAPT platform.
6.5. The Client is obliged to ensure the technical possibility of sending orders between Partners on the EliteAPT platform and storing the order history.
6.6. When paying remuneration to the Partner, the Client also pays for the services of the EliteAPT platform in accordance with clause 4. 3 of this Agreement If the Client does not respond within four (4) days to a request received through the EliteAPT Platform, or the request is rejected, the Contractor informs the Client who submitted the request, about the rejection or non-acceptance of the request and recommends that the Customer consider other announcements on the EliteAPT Platform. The Contractor recommends that the Customer consider the possibility of advertising on the EliteAPT Platform. The customer is entitled to this.
6.7. More detailed rules of interaction between the Customer and the Partner in relation to sales through the Partner are set out in the "Terms and Conditions for Participation in the International Sales System through EliteAPT Partners", which are available at https://eliteapt.com.
7. RESPONSIBILITIES OF THE PARTIES
7.1. If one of the parties to this agreement suffers damage due to non-performance or poor performance by the other party of its obligations, the guilty party is obliged to compensate the injured party for documented damage.
7.2. The Contractor shall not be liable to the other party if such failure to perform or poor performance of a planned or unscheduled replacement, repair or adjustment of equipment, software or other work related to the need for maintenance or repair of the software and hardware of the Contractor, provided that the Customer was notified not less than one day, while in the event of an unscheduled replacement or repair.
7.2.1. If the customer has not been notified
7.2.2. The Customer is released from liability for non-fulfillment or improper fulfillment of its obligations under the Agreement.
7.3 The Contractor is not responsible for the content of the information provided by the Customer and the technical resources of the Customer, or for the information contained in such information.
7.4 The Customer is not responsible for the information provided by the Customer on the Internet, on the Eliteapt.com platform, other information resources or for actions taken while using the Customer's services, and is fully responsible for the consequences of such actions.
7.5. The Client is not responsible for any damage caused by the Client's failure to keep confidentiality of authentication information or other personal information of third parties (including unauthorized third parties), and is fully responsible for the consequences of such actions.
7.6. The Client is fully responsible for any possible violation of intellectual property rights and applicable laws and regulations in connection with the placement of information provided by the Client on the computing resources of the Client's Internet.
7.7. The Contractor is fully responsible for the communication of clients with other persons who post information, messages and other information on the site (platform) Eliteapt.com, the sales system of the international partner EliteAPT and other information and technical resources of the Contractor, the Contractor is not responsible for communication with visitors to these resources , including for the content of received/sent messages and other information. The Contractor does not guarantee the conclusion of any contract by any person in connection with the placement of advertising on the site (platform) Eliteapt.com, the sales system of the international partner EliteAPT and other information and technical resources of the Contractor.
7.8. The Customer is not responsible for the illegal publication of the Customer's information and is obliged to reimburse the Contractor for all losses (including fines) incurred by the Contractor in connection with the illegal publication of the Customer's information. Such losses must be reimbursed within five working days from the date of receipt of the Contractor's claim.
8. Force majeure situations
8.1. If the failure to perform or non-performance of obligations under the Agreement is the result of force majeure, i.e. flood, fire, earthquake or other natural disaster, governmental or administrative action, war or hostilities occurring after the date of this Agreement, or other force majeure circumstances, the occurrence of which the parties could not foresee (or prevent), then the parties.
8 2. In the event of force majeure circumstances that prevent the fulfillment of their obligations under this Agreement, the deadline for the fulfillment of such obligations by the Parties shall be postponed in proportion to the time of the event and the time necessary to eliminate its consequences, but should not exceed 30 calendar days.
8.3. If force majeure circumstances continue for more than the period specified in clause 8.2 of this Agreement, or if the Parties know at the time of the occurrence of force majeure circumstances that they will continue beyond this period, the Parties undertake to discuss alternative ways of executing or terminating this Agreement without prejudice to present agreement.
9. Procedure for making changes and additions to this Agreement
9.1. Changes and / or additions to this Agreement are made unilaterally out of court at the sole discretion of the Contractor. The date of entry into force of any changes and / or additions to this Agreement is the date specified in it by the Contractor, and cannot be earlier than the date of posting such changes and / or additions on the Website.
9.2. Changes and / or additions to the Agreement or the text of the new version of the Agreement may be posted by the Contractor on its website and made available to the public by publishing relevant information on its website and in the newsletter.
9.3 If the Customer does not accept changes and/or additions to the Agreement, the Customer must refuse to receive further Services from the Contractor and notify the Contractor that he does not accept such changes and/or additions or a new version of the Agreement.
9.4. The Parties reserve the right to terminate this Agreement by notifying the Contractor of non-compliance by the parties with the new version of this Agreement, while the silence of the parties (failure to provide a written notice of termination of this Agreement or failure to accept certain provisions of this Agreement, including changes in tariffs) will be considered a violation by the parties of the new version of this Agreement. Agreement, amendments and/or additions, and agrees that acceptance of and compliance with it will be deemed acceptance and compliance with it.
10. NOTICES AND NOTICES
10.1. The parties agree that texts and documents relating to the placement by the customer of information on the Eliteapt.com web platform, as well as other information and technical resources of the contractor and / or third parties, are sent to legal@eliteapt.com and agree that they will have the the same legal force as the documents drawn up in the form sent to the customer's regular mail address in writing.
10.1.1. The Customer agrees that such documents will have no legal force, unless the conclusion of such documents on paper is mandatory for contractual reasons.
10.2. The parties agree that all messages, notifications and information entered into the client's personal account in the EliteAPT affiliate sales system and received at the email address specified by the parties in this Agreement are unconditionally considered addressed to the recipient in the appropriate form agreed by the parties. The Parties shall promptly consider all communications received at such addresses, including email addresses.
10.3. The Client will not receive any communications from the Eliteapt.com Platform, employees of the Provider and third parties who are partners of the Eliteapt.com Platform and users of the Platform, and agrees to accept emails regarding direct requests that may be sent after the termination of this Agreement.
10.4. All risks associated with the onset of adverse consequences from non-compliance with clause 10.2 of this Agreement. All risks of adverse consequences are borne by the party responsible under the contract. clause 10.2 of this Agreement shall be borne by the party that committed the violation.
11. Intellectual Property Rights
11.1. The rights (including intellectual property rights and related rights) to the software necessary to provide the Services to the Client, and to any content, information and materials that the Client places on the Eliteapt.com platform, belong to The EliteAPT Company Limited from the moment such information is posted on platform.
11.2. You will have the exclusive right to own, use and dispose of (all intellectual property rights) (including design style (including functionality)) in the EliteAPT Platform. com (including reviews, translated content) where the Services are provided Eliteapt.com platform (including reviews, automated reading/collection/analysis of content) will be your exclusive right to copy, read/collect/analyze and use.
12. Other terms and conditions
12.1. All disputes and disagreements related to this Agreement must be resolved through negotiations.
12.2. Out-of-court dispute resolution procedures are mandatory. The term for resolving the dispute is 10 business days from the receipt of the request by the other party.
12.3. If the parties cannot resolve all disputes in the manner specified in clauses 12.1 and 12.2, then all disputes arising from this Agreement, including disputes regarding the conclusion, modification, termination, performance or invalidity of this Agreement, shall be resolved in the court at the place of residence. The law applicable to such disputes is the substantive law of the Contractor.
12.4. This Agreement and the relationship between the Contractor and the Customer are governed and interpreted in accordance with the laws of the Contractor. Any issue not covered by this Agreement shall be governed by the legislation of the Contractor.
12.5. If any provision of this agreement is found to be invalid or unenforceable for any reason, the validity or enforceability of the remaining provisions of this agreement will not be affected.
12.6. This Agreement comes into force from the moment the Customer performs the actions described in clause 12.7 of this Agreement, and is valid indefinitely or until the Customer terminates the provision of the Services providing access to the Platform (whichever comes first). If at the end of the calendar year the Customer continues to use the Contractor's Website and / or the Contractor's Services, this Agreement will be considered each time extended for the next calendar year on the same terms.
12.7. Upon acceptance by the Customer of the terms of this Agreement and the conclusion of this Agreement, including the registration of the Customer
12.8. This Agreement is considered concluded in writing at the time of the actions described in this paragraph.
12.9. The Parties acknowledge the legal force of this Agreement and the documents and attachments submitted for signature sent by facsimile and / or e-mail, and can reliably confirm that the documents come from one of the parties to this Agreement and that there are no identical copies of handwritten copies on the documents of this Agreement submitted for signature. signatures, and also confirm that mechanical signatures or other means of reproduction similar to handwritten signatures remain valid until the presentation of the original.
This Agreement is located on the website on the Internet at the following address: https://eliteapt.com/terms-conditions
13. DETAILS
Limited Liability Company FANTASIS, owner of rights to the Eliteapt.com platform
PSRN 1216100034776, TIN 6161095526, KPP/RRC 631801001
Legal address: 423450, Russian Federation, Republic of Tatarstan, city of Almetyevsk, 3 Suleimanovoy Street, apt. 103
E-mail: FANTASIS LLC: info@fantasis.co
Real Estate "Elite Apartments": info@eliteapt.com
