1. Terms and Definitions Used in this AgreementCustomer means a site user who orders the services provided by the Contractor;
Contractor means a person (group of persons) providing services to the Customer;
Content - for the purposes of this Agreement, content shall be understood to mean the content posted on an Internet resource (in a social network or social service) in the form of a file (picture, video, music, audio, graphic image, etc.) that can be displayed electronically using computing machines (computers) and/or mobile devices that allow the reproduction of said content. For the purposes of this Agreement, content also includes the Customer's Account created in any social network / social service, including the content posted on it in whole or in part;
Spin-up (Promotion) means artificial promotion of the content posted by the Customer on a third-party Internet resource (in a social network or social service) by reaching the content viewing figures specified by the contract between the Contractor and the Customer on any service and/or artificial creation of the interest of users of any resource in the Customer’s content posted on said resource in order to attract and/or increase the number of users / gain new subscribers, ratings, likes, users, etc. For the purposes of this Agreement, the term “Promotion” is used in the same sense;
Payment Aggregator means a special service, which allows the Customer to make payments by bank cards or using electronic payment systems;
Applicable Law means the legislation of the state and its constituent entities (districts, states, colonies, etc.), to be applied to evaluate the actions of the Parties to the Agreement, resolve disputes and interpret the terms and conditions of this Agreement. In the Russian Federation, the applicable law is the legislation of the Russian Federation and its constituent entities;
Site, Service or Internet Resource means a collection of electronic documents in the form of an electronic program for the Internet network, which contains the information offered to users that has a single owner and manager, as well as can be found under a specific address on the Internet; Terms not specified and/or not listed in the text of this Agreement shall be interpreted in accordance with applicable law and/or the commonly used meaning and interpretation of a given term on the Internet.
2. Scope of Agreement2.1. The Contractor agrees to provide services to the Customer in promoting (spinning up) the Customer’s content (advertising services) in social networks and/or social user services in order to promote/attract and/or increase the number of users / gain new subscribers, user ratings, likes, classes, etc. The exact scope of services, as well as the type of resources and/or social services on (in) which the Customer’s content should be promoted, shall be determined by the Customer at its sole discretion, but only on the basis of the options for the provision of services proposed by the Contractor. The choice of the scope of specific services and payment for said services means the conclusion of this Agreement and entails the obligations of the parties to fulfill the Agreement;
2.2. The Contractor's services are provided in accordance with the terms and conditions of this Agreement, as well as the general Rules for the Provision of Services, which are an integral part of this Agreement;
2.3. The Contractor shall not provide services to promote the Customer's erotic, obscene or pornographic content, as well as advertising content aimed at encouraging Internet users to purchase / consume / use / store / engage in illicit trafficking in narcotic and/or psychotropic substances, weapons, alcoholic beverages, tobacco products, services of magicians, sorcerers, fortunetellers, gambling, affiliate programs, as well as other things (means, products, drugs, goods) whose circulation is limited or prohibited by applicable law;
2.4 The Contractor may refuse to promote the Customer's content if the Contractor believes that said content may violate the rights of others or is doubtful, i.e. created for making profit by illegal means;
2.5. The Contractor shall provide services strictly in accordance with this Agreement. The stages of rendering services are technological processes. At the stage of rendering services, it is not allowed to change their method, scope and/or payment method.
3. Rights and Obligations of the Parties3.1. The Contractor may provide (render) services to the Customer both in person and with the involvement of third parties without obtaining additional consent of the Customer in this regard;
3.2. The Customer agrees to pay for the services rendered by the Contractor in the amount, manner and terms stipulated by Section 4 of this Agreement;
3.3. When ordering the promotion of content, the Customer is obliged to ensure the availability of content at the online link indicated by them throughout the validity period of this Agreement. The Contractor shall not be liable provided that the resource on which the content is posted is not operational, as well as for the absence and/or blocking and/or removal of the Customer’s content by third parties or by the Customer themselves.
3.4. The Customer may not remove content during the provision of the services without the consent of the Contractor throughout the validity period of the Agreement;
3.5. If the Customer's failure to comply with the provisions of para. 3.3., 3.4. of the Agreement results in the impossibility of the Contractor to provide the services and the Customer has failed to notify the Contractor of the occurrence of said circumstances, the Contractor's obligations under this Agreement shall be deemed to be fulfilled, and the funds paid by the Customer for the provision of the services shall be deemed to be non-refundable;
3.6. The Customer is obliged to accept the new terms and conditions of the offer, which become effective 14 (fourteen) calendar days after publication on the site https://hypeapp.ru;
3.7. The Customer may not use the services of other services for promotion in social media throughout the validity period of the Agreement;
3.8. If the Customer's content is deleted (blocked) by the Customer and/or third parties, and subsequently restored, the Contractor has the right to unilaterally suspend the provision of services and/or extend the period of their provision for a period of time necessary to eliminate the adverse effects caused by said circumstances or refuse to further provide services to the Customer (fulfillment of the Agreement) without returning to the Customer the funds paid by the Customer;
3.9. The Parties agree that the official response (statement) of the technical support of the Internet resource (service) email: email@example.com, on which the Customer’s content is posted, unofficial messages of the support staff of the Internet resource (service), messages in the media, as well as analytical data of the Contractor's employees shall be deemed to be reliable confirmation of the Customer's failure to comply with the provisions of para. 3.3., 3.4. of the Agreement;
3.10. The Contractor also has the right to unilaterally extend the time for the provision of the services subject to occurrence of the following circumstances:
- technical problems of the resource (service), on which the Customer's content is posted;
- introduction of filters and updates in the social network and/or social service that impede the promotion of content;
- modification of algorithms of the social network and/or social service that impede the promotion of content.
3.11. The Parties have agreed that the official response (statement) of the technical support of the Internet resource (service), on which the Customer’s content is posted, unofficial messages of the support staff of the Internet resource (service), messages in the media, as well as analytical data of the Contractor's employees shall be deemed to be reliable confirmation of the onset of circumstances referred to in para. 3.10. of the Agreement;
3.12. The Contractor agrees not to take any actions during and after the provision of the services that may adversely affect the Customer's business reputation.
4. Cost, Payment Procedure and Period of Services4.1. By purchasing any paid service on the site, you agree that the money spent cannot be returned.
4.2. The types and cost of the Contractor's services are available on the Contractor's website in the “services” section;
4.3. Payment for the services provided by the Contractor in accordance with this Agreement shall be made before the actual provision of the services. The Contractor shall proceed with the provision of the services if the Customer makes a full advance payment, i.e. full amount for the provision of the services, to the account of the Contractor;
4.4. Payment under this Agreement shall be made by the Customer through payment methods available on the Contractor's website. The Parties have agreed that the moment of the beginning of fulfillment of the Customer's obligation to pay for the services is the moment of acceptance of the terms and conditions of this Agreement. The moment of the beginning of fulfillment of the Contractor's obligations as well as the moment of entry into force of this Agreement is the moment the funds are credited to the Contractor's account. The Contractor proceeds with the provision of the services to the Customer within 24 hours from the moment the funds are credited to the Contractor's bank account. To make a payment, the Customer must provide the necessary information. In the case of payment through payment systems (payment aggregators) from bank cards and/or other bank accounts, the Customer shall make sure that they have the right to dispose of the funds in said accounts. The Customer is also obligated to exclude third-party access to information that allows third parties to use the Customer's accounts to pay for and order the Contractor's services (bank card numbers, bank name, PIN codes, cvv2 and cvc2 codes, etc.). The risk of unauthorized payment of the Contractor's services from the Customer's accounts shall lie entirely with the Customer. The Customer shall be solely liable for unauthorized payment from their accounts of the services rendered by the Contractor made by third parties. Payment for the services from the Customer's account(s) shall be recognized by the Customer as authorized and made by the Customer themselves in any and all cases.
5. Liability of the Parties5.1. The Parties shall be held liable for non-fulfillment or improper fulfillment of their obligations hereunder in accordance with the current legislation of the Russian Federation.
5.2. The Customer uses the granted rights to use the Service at their own risk.
5.3. The Customer agrees that no software is error free.
5.4. The Customer agrees that in order to handle the Service, the Contractor must use software (web browsers, operating systems, etc.) and hardware (personal computers, network equipment, etc.) produced and provided by third parties, and the Contractor cannot be held liable for the quality their performance.
5.5. The Contractor assumes no liability for possible unsubscribing, blocking and other sanctions imposed by social media after using the Service, the Customer assumes full liability in this regard.
6. Force Majeure6.1. The Parties shall be exempted from liability for non-fulfillment or improper fulfillment of their obligations hereunder if said improper fulfillment was impossible due to force majeure circumstances. The Parties have agreed to consider force majeure circumstances as external and extraordinary events that were absent at the time of signing this Agreement and occurred contrary to the will and desire of the Parties, the effect of which the Parties could not have foreseen and could not have prevented with measures and means that could be justifiably and reasonably expected from a bona fide acting Party. Such circumstances include inter alia warfare and military operations, epidemics, fires, natural disasters, acts and actions of government bodies that make it impossible for the Parties to fulfill their obligations under this Agreement and recognized as force majeure circumstances;
6.2. A Party reporting the presence of force majeure circumstances shall notify the other party in writing of their occurrence and the expected duration no later than 5 (five) business days from the moment of their occurrence. If the reporting Party fails to send a notice within the specified period, it shall be deprived of the right to invoke such circumstances in the future;
6.3. The time period for the fulfillment of obligations under this Agreement shall be extended for the period of impossibility of their fulfillment due to force majeure circumstances.
7. Changes to the terms of the User Agreement7.1. This User Agreement may be changed by the Rightholder unilaterally. Notification of the User of the changes to the terms of the User Agreement is published on the web page: https://hypeapp.ru/legal/. Said changes to the terms of the User Agreement shall enter into force as from the date of their publication, unless otherwise specified in the corresponding publication.
8. Validity of the Agreement8.1. This Agreement shall enter into force upon acceptance of its terms and conditions and crediting of funds in payment for the services provided by the Contractor to the Contractor's bank account and shall remain valid until the Parties fulfill their obligations in full;
8.2. The Customer has the right to early terminate the Agreement prior to its expiry by notifying the Contractor to that effect at least 30 (thirty) calendar days in advance. In case of early termination of the Agreement at the initiative of the Customer, the payment received by the Contractor for the provision of the services is not refundable even if the Contractor failed to fulfill all their obligations assumed by them hereunder;
8.3. In the event of termination of this Agreement for any other reason, the Parties are obliged to fulfill all their obligations that have arisen up to that point;
9. Confidentiality9.1. The Parties undertake to maintain confidentiality of the information they received from each other or which became known to them in the course of fulfilling their obligations under this Agreement, as well as knowledge, experience, know-how and other information about which it is expressly agreed that it is confidential. The Parties undertake not to make publicly available or disclose in general or in particular said information to any third party without the prior written consent of the other Party under this Agreement;
9.2. The requirements of para. 8.1. hereof shall not apply to cases of disclosure of confidential information at the request of authorized bodies where provided for by law.
10. Customer's Personal Data10.1. The Customer gives their consent to the Contractor to the processing of personal data provided at the conclusion of the Agreement, including:
10.1.1. last name, given name, patronymic name;
10.1.2. e-mail address;
10.1.3. country and city of residence;
10.2. The Contractor is entitled to transfer the Customer's personal data to third parties if said transfer is necessary for the Contractor to fulfill their obligations to the Customer hereunder.
10.3. Personal data processing means recording, systematization, accumulation, storage, clarification (updating, changing), extraction, usage, transfer (distribution, provision, accessing), including cross-border, depersonalization, blocking, deletion, destruction of personal data that are not subject to special categories, the processing of which requires the written consent of the Customer.
10.4. Personal data processing is carried out in order to fulfill the Contractor's obligations under the Agreement, provide the Customer with technical support, consider applications and claims of the Customers, send informational messages to the Customer's email address, as well as to confirm the fact of registration on the Site and to cause other actions to be performed on the Site by a certain individual.
10.5. The Customer may withdraw their consent to the processing of personal data, as well as delete or change their personal data at any time by sending a notice to the Contractor from the Customer's email address specified during registration on the Site to the Contractor's email address: firstname.lastname@example.org. However, the Customer understands that the Contractor has the right to continue using such information to the extent permitted by applicable law.
10.7. The Contractor may provide information about the Customer to law enforcement bodies or other state bodies as part of judicial proceedings or as part of an investigation on the basis of a court decision, a compulsory request or in the manner of cooperation, as well as in other cases provided for by applicable law.
10.8. The Contractor may provide information about the Customer to third parties for the identification and suppression of fraudulent activities, as well as for the elimination of technical or security problems.
11. Other Terms and Conditions
11.1. The Parties have agreed that all notifications provided for by this Agreement (with the exception of claims) may be carried out by the Parties by e-mail. The Contractor's email address is the address specified in the “Contact Us” section or another relevant section of the Contractor's site (email: email@example.com). The Customer's email address is the address specified by the Customer on the Contractor's site when ordering services. Letters and other documents received from the Customer from other e-mail addresses will not be accepted and will not be considered by the Contractor;
11.2. In case of a change in name, location, bank details and other data, each of the Parties shall notify the other Party in writing of said changes within 5 (five) days;
11.3. In all other respects not specified by this Agreement, the Parties shall be governed by applicable law.