Terms of Use
This Internet resource (hereinafter referred to as the Contractor/Internet resource) posted on the smm-promotion.pro website, hereinafter referred to as the "Contractor", on the one hand, and the User of this Internet resource, hereinafter referred to as the Customer, from the other parties, collectively referred to as the "Parties", enter into this User Agreement (hereinafter referred to as the Agreement) as follows:
Terms and Definitions:
"Customer" - a user of the site who orders the provision of services from the Contractor in the field of promoting its content.
"Content" - for the purposes of this Agreement, content means content posted on the Internet (in a social network or social service) in the form of a file (picture, video, music, sound, graphic image, etc.) that can be displayed using electronic computers (computers) and / or mobile devices that allow you to play content of this type. The content for the purposes of this Agreement also includes the Customer's Account created in a particular social network / social service, including the content posted on it;
"Contractor" - this Internet resource, as well as a person and / or group of persons - employees of the resource, providing services to the Customer in the field of promoting social networks;
"Promotion" - artificial promotion by the Contractor of the Customer's content placed by the Customer on a third-party Internet resource, including on a social network, by collecting the number of views of this content by users on a particular service and / or artificial creation of user interest of one or another resource to the content of the Customer placed on such a resource in order to attract and / or increase / the number of subscribers, ratings, likes, etc. For the purposes of this Agreement, the term "Promotion" shall apply in the same sense;
"Applicable Law" - means the law of the state to be applied to assess the actions of the Parties to the Agreement, resolve disputes and interpret the terms of this Agreement. On the territory of the Republic of Kazakhstan, the applicable legislation is the legislation of the Republic of Kazakhstan and its subjects;
"Website, service or resource" - a set of electronic documents for the Internet, which contains information offered to users, which has a single owner and manager, located at 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 such a term on the Internet.
Subject of the Agreement
2.1. Continued use of the Site by the User means acceptance of the Agreement and the changes made to this Agreement.
2.2. The Contractor provides the Customer with services to promote the Customer's content (advertising services) in social networks and / or social user services in order to attract and / or increase the number of subscribers, user ratings, likes and other reactions of other users of these resources and social networks. The exact scope of services, as well as the type of resources and / or social services on which it is necessary to promote the content of the Customer, is determined by the Customer independently, but only based on the options for the provision of services proposed by the Contractor. The choice of the volume of specific services and payment by the Customer for these services means the conclusion of this Agreement and entails the obligations of the parties to fulfill the terms of this Agreement.
2.3. The Contractor's services are provided in accordance with the terms of this Agreement.
2.4 The Contractor provides services exactly in accordance with this Agreement. The stages of the provision of services are technological processes stipulated by the parties outside of this Agreement. At the stage of rendering services, it is not allowed to change their method, volume and / or mode of payment.
2.5. The Contractor does not provide services to promote the Customer's content of an erotic, pornographic nature, as well as advertising content aimed at encouraging Internet users to purchase / use / store / use and illicit trafficking in narcotic and / or psychotropic substances, weapons, alcoholic beverages, and as well as other things (means, products, preparations, products) the circulation of which is limited or prohibited by applicable law.
2.6. The Contractor has the right to refuse to promote the content to the Customer if he believes that this content may violate the rights of others or is doubtful, i.e. created for the Customer to extract profit by illegal means.
Rights and obligations of the parties
3.1. The Contractor has the right to provide services to the Customer both personally and with the involvement of third parties without obtaining additional consent and approval of the Customer.
3.2. The Customer undertakes to pay for the services ordered by the Contractor in the amount, manner and terms provided for in Section 4 of this Agreement.
3.3. When ordering the promotion of content, the Customer is obliged to ensure the availability of the relevant content at the link indicated by him on the Internet during the entire term of this Agreement. The Contractor is not responsible for the absence and / or blocking and / or removal of the Customer's content by third parties or the Customer himself, and also if the resource hosting the Customer's content is not working.
3.4. The Customer does not have the right to remove content during the provision of services without the consent of the Contractor during the entire term of this Agreement;
3.5. If the Customer fails to comply with the provisions of clauses 3.3, 3.4. Agreement will lead to the impossibility of rendering services by the Contractor, the obligations of the Contractor under this Agreement are considered fulfilled, and the funds paid by the Customer for the provision of services are non-refundable.
3.6. When deleting (blocking) the content of the Customer by the Customer and / or third parties, and its subsequent restoration, the Contractor has the right to unilaterally suspend the provision of services and / or increase the period of their provision for the period of time necessary to eliminate the adverse consequences caused by these circumstances, or refuse to further provide services to the Customer (execution of the Agreement) without returning to the Customer the money paid by him.
3.7. The Parties agree that reliable confirmation of the Customer's failure to comply with the provisions of clauses 3.3-3.4. Agreements are an official response (statement) of the technical support service of the Internet resource (service that hosts the Customer's content, unofficial messages from employees of the support service of the Internet resource (service), messages in the media, as well as analytical data of the Contractor's employees;
3.8. The Contractor has the right to unilaterally increase the term for the provision of services in the event of the following circumstances:
- when introducing filtering and updates in a social network and / or social service that impede the promotion of content;
— in case of technical problems of the resource (service) hosting the content of the Customer;
- when changing the algorithms of the social network and / or social service that impede the promotion of the Customer's content.
3.9. The Parties have agreed that reliable confirmation of the occurrence of the circumstances listed in clause 3.8 of this Agreement is the official response (statement) of the technical support service of the Internet resource (service) on which the Customer's content is posted, unofficial messages from employees of the support service of the Internet resource (service), messages in the media, as well as analytical data of the Contractor's employees.
3.10. The Contractor undertakes not to perform any actions during the provision of services that may affect the business reputation of the Customer.
Cost, payment procedure and terms of service provision
4.1. The types and cost of the Contractor's services are posted on the Contractor's website smm-promotion.pro
4.2. Payment for the services of the Contractor in accordance with this Agreement is carried out before the start of the provision of services by the Contractor. The Contractor starts to provide services subject to the Customer making a full prepayment (full amount for the provision of services) to the account of the Contractor.
4.3. The payment is made by the Customer through the payment methods available on the Contractor's website. The Parties agreed that the moment of the beginning of the fulfillment of the Customer's obligation to pay for services is the moment of acceptance of the terms of this Agreement. The moment of the commencement of fulfillment of the obligations of the Contractor, as well as the moment of entry into force of this Agreement, is the moment of crediting funds to the account of the Contractor by transferring funds through a money transfer operator using a bank card. The Contractor starts rendering the Customer's services 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 data. In the case of payment from bank cards and / or other bank accounts, the Customer is obliged to make sure that he has the right to dispose of the funds in such accounts. The Customer is also obliged to exclude third parties from accessing 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, cw2 and cvc2 codes and other card details). The risk of unauthorized payment for the Contractor's services from the Customer's accounts is fully borne by the Customer. The Customer is solely responsible for unauthorized payment from his accounts of the Contractor's services by third parties. Payment for services from the account(s) of the Customer is recognized by the Customer as authorized and made by the Customer in all cases.
Responsibility of the Parties
5.1. The Parties shall be liable for non-fulfillment or improper fulfillment of the obligations assumed under this Agreement in accordance with applicable law and the terms of this Agreement. Disputes arising in the process of implementing the terms of this Agreement, the Parties undertake to resolve through written negotiations and compliance with the mandatory claim procedure. If mutual consensus is not reached when considering the dispute, the dispute is referred to the court at the location of the Contractor. When the Customer sends a claim to the Contractor, the Customer is obliged to attach documents substantiating the essence of the claim to it. Claims to the Contractor must be sent by the Customer only in writing.
Force majeure circumstances
6.1. The Parties are released from liability for non-fulfillment or improper fulfillment of obligations under this Agreement, if improper fulfillment turned out to be impossible due to the occurrence of force majeure circumstances. The Parties agreed to consider as force majeure circumstances external and extraordinary events that were absent at the time of signing this Agreement and occurred against the will and desire of the Parties, the actions of which the Parties could not foresee and could not prevent them. Force majeure circumstances include war and hostilities, epidemics, pandemics, fires, natural disasters, acts and actions of government bodies that make it impossible to fulfill obligations under this Agreement and are recognized as force majeure circumstances.
6.2. The party claiming the existence of force majeure circumstances is obliged to notify the other party in writing of their occurrence and expected duration no later than 5 (five) working days from the moment of their occurrence. A party that has not sent a notification within the specified period is deprived of the right to refer to such circumstances in the future.
6.3. The term for the fulfillment of obligations under this Agreement is extended for the period of impossibility of their fulfillment due to force majeure circumstances.
Term of the Agreement
7.1. This Agreement shall enter into force upon acceptance by the Customer of its terms and receipt of funds as payment for the Contractor's services to the Contractor's bank account for a period of 1 month.
7.2. The Customer, before the expiration of the Agreement, has the right to terminate it ahead of schedule by notifying the Contractor in writing in any way possible. In case of early termination of the Agreement at the initiative of the Customer, the payment received by the Contractor for the provision of services in this case is not refundable, even if the Contractor did not manage to fulfill all the obligations assumed under this Agreement.
7.3. In the event of termination of this Agreement for any other reason, the Parties are obliged to fulfill all obligations that have arisen up to this point.
Contact information
support@smm-promotion.pro