Public Offer Agreement for the Use of Bitrix24 Software
1. GENERAL PROVISIONS
1.1. This public contract (hereinafter referred to as "the agreement") is a public offer and sets forth the terms and procedure for the provision of paid services for granting access to software and rights to use Bitrix24 Software Products without granting permission to transfer (provide) the said rights to other parties, as well as the mutual rights and obligations, the order of relations between "ItachSoft", hereinafter referred to as "Licensee", represented by the Fyodar Antanevich, acting on the basis of the Charter, and any person who has accepted (accepted) the public proposal (offer) to enter into this agreement, hereinafter referred to as "Buyer".
1.2. The Licensee is granted the right to use Bitrix24 products based on the License Agreement as partner with ID 14415393 with the Licensor.
1.3. The full list of Bitrix24 products (name, description, cost, terms of use) is posted on the Licensor's website on the Internet at:
https://www.bitrix24.com/prices/
https://www.bitrix24.eu/prices/
https://www.bitrix24.pl/prices/
1.4. In accordance with the applicable contract law, a public contract is one of the types of contracts, according to which one party undertakes to provide services to an indefinite circle of persons who have requested the provision of these services. A public contract does not require paper form and subsequent signing by the parties, it has legal force due to certain actions taken by the parties indicating their intention to enter into contractual relations. In particular, the publication (placement) of the text of the public contract on the official website of the company is a public offer (offer) of the company, addressed to a wide range of persons with the aim of providing certain types of services. The fact confirming the conclusion of the public contract by the service consumer is the completion of the application for the provision of services and their subsequent payment. The public contract concluded in the manner described above is considered concluded in simple written form and accordingly does not require paper form and has full legal force.
1.5. Payment by the Buyer of Bitrix24 software products (made on the basis of an order issued by the Licensee to the Buyer) by all available means confirms the fact of acceptance, i.e., the Buyer's consent with this Offer.
2. DEFINITIONS AND TERMS
For the purposes of this offer, the following terms are used in the following meanings:
Offer - this agreement-offer for the provision of services, published on the Internet at: https://payment.itach-soft.com/dogovorb24/
Bitrix24 - a service for business management. Developer and provider – the company "Bitrix24". The cloud version of "Bitrix24" is distributed under the SaaS model. The boxed version is available for customization and installation on your own server. The full list of Bitrix24 software products and their cost are located on the Internet at: https://www.bitrix24.com/prices/
License Agreement – terms of use for Bitrix24 software products. The end-user license agreement for Bitrix24 is located on the Internet at: https://www.bitrix24.com/terms/
Acceptance of the Offer - full and unconditional acceptance of the Offer and the License Agreement by paying the order issued by the Licensee to the Buyer.
Order – a list of Bitrix24 software products agreed with the Buyer.
3. PROCEDURE FOR THE PROVISION OF BITRIX24 SOFTWARE PRODUCTS
3.1. Having familiarized with this offer, the Buyer sends a request for Bitrix24 products to the Licensee. Based on the received request, the Licensee issues an Order to the Buyer.
3.3. All correspondence under this Agreement is conducted from the email addresses specified in the Parties' details.
3.4. The Licensee shall commence fulfilling its obligations under this offer no later than 2 (two) business days from the receipt of full 100% payment for the services to its account.
3.5. The Buyer provides the Licensee with information for the registration of Bitrix24 software products – the name and surname of the owner of the Bitrix24 software product, email address, company name.
3.6. After the payment is received, the Licensor within 2 (two) business days provides the buyer with access (Bitrix24 address and administrator login and password) to the paid Bitrix24 software products.
3.7. Notification of the completion of the provision of services may be sent by the Licensee to the email address specified in the Buyer's Application.
3.8. The Licensee is not legally, materially, or otherwise responsible for any possible losses incurred by the Buyer as a result of using the Bitrix24 service in violation of the recommendations of the licensee company Bitrix24.
4. FINANCIAL RELATIONS BETWEEN THE PARTIES
4.1. Payment for all Bitrix24 software products provided to the Buyer is made on the basis of 100% prepayment of the agreed Order.
4.2. Prices for Bitrix24 software products are indicated in euros, US dollars, or Polish zlotys.
6. LIABILITY OF THE PARTIES
6.1. For failure to perform or improper performance of obligations under this Offer, the parties bear responsibility in accordance with applicable law.
6.2. The Licensee is not responsible for the quality and speed of access to the Bitrix24 service on the part of the Buyer, carried out through the communication channels of operators and Internet providers.
6.3. The Licensee is not responsible for circumstances that are force majeure, independent of the Licensee, i.e., circumstances of "force majeure", which include failures in the operation of telecommunications networks and third-party equipment.
7. CONFIDENTIALITY
7.1. The Licensee is obliged to ensure the security, preservation of data, and confidentiality of the information received from the Buyer in accordance with the requirements of the legislation on the protection of personal data.
7.2. The Buyer has the right to refuse to receive advertising and other information from the Licensee without explaining the reasons for refusal by following the link in the letter "Unsubscribe from this mailing" in such a mailing, thereby removing their email address from the Licensee's mailing list.
8. TERM OF THE AGREEMENT
8.1. The agreement is valid until the moment of activation of the cloud software product Bitrix24 or the transfer of the activation key to the boxed version of the Bitrix24 software product.
8.2. Before the expiration of the term, this Agreement may be terminated at any time by agreement of the Parties, drawn up in writing and signed by the Parties.
8.3. Either Party may refuse to perform this Agreement, in which case the Party that refused to perform this agreement is obliged to compensate the other Party for all the losses/expenses incurred by it.
8.4. The Licensee has the right to terminate this agreement unilaterally, by giving advance notice to the Buyer and returning to him the funds, minus the actual expenses incurred.
9. DISPUTES BETWEEN THE PARTIES
9.1. All disputes and disagreements are resolved through negotiations between the parties. In case disputes and disagreements cannot be resolved through negotiations.
9.2. In case of failure to reach an agreement between the Parties, all disputes are considered in court, in accordance with the legislation of the Republic of Poland.