Company ONER INVESTMENTS LIMITED addresses the present public offer to join any person, individual, and legal entity, willing to get services of Advertising and Promotional materials placement in Advertising platform on the Internet.
ONE SHOULD NOT ACCEPT THIS AGREEMENT PROVIDED THAT:
- ONE ACTS UNDER PRESSURE, UNDER CONSTRAINT OR UNDER THREATS;
- ONE IS UNDER AGE, IS LEGALLY INCAPABLE OR INCAPACITATED;
- ONE DOES NOT AGREE WITH THE CONDITIONS OF THIS AGREEMENT:
- ONE IS NOT PROPERLY AUTHORIZED;
- ONE DOES NOT COMPREHEND THE IMPORTANCE OR CONSEQUENCES OF ONE’S ACTIONS.
Company ONER INVESTMENTS LIMITED, incorporated and acting under the laws of the Republic of Cyprus under registration number: HE 275568, having the following legal address: Theklas Lysioti, 17, Pissas Building, office 501, 3030, Limassol, Cyprus, represented by Director Igor Artemenko, acting under the Article of Association, hereinafter referred to as the «Contractor», of the one part, and any person, individual or legal entity, hereinafter referred to as the «Customer», of the other part, jointly referred to as the «Parties», and separately referred to as the «Party», have concluded this Agreement, hereinafter referred to as the «Agreement», as follows:
Advertising campaign, Content marketing, Alfa-Content — a set of activities for the analysis and selection of the target audience, preparation, creation and placement of promotional materials, positive feedback, comments (or other content) about the Customer and/or its products/services on one or several advertising platform within a certain period of time in order to familiarize as many people as possible (potential clients of the Customer) with the products and/or services of the Customer.
Placement — any activity directly connected with the placement of advertising materials containing the information about the services/products on one or more Internet platforms.
Promotional materials, Content — text, image, video, or composite blocks, containing the information about the services and/or product to be placed on the advertising platforms in order to attract attention to the object of advertising, including, but not limited to: advertising articles, posts, reviews and/or comments.
Advertising platform, Internet platform, Platform — informational resource on the Internet (website, blog, forum, etc.) where it is possible to place the advertising materials and/or the positive reviews and comments about the object of advertising.
Placement parameters — terms of placement of the Advertising materials, including but not limited to: the period of the placement, format of the advertising materials, selection of an advertising platform.
User — means a person, having access to the Internet network and using it for seeking and receiving information.
Insertion order (or “IO”) — means annex to this Agreement compiled by the Parties containing the essential conditions of the specific case of services under this Agreement (Placement parameters).
Agreement Acceptance (Agreement Accession) Conditions
- This Agreement shall become legally binding upon both Parties only provided that the User accepts the conditions of this Agreement and joins the Agreement.
- The Parties have agreed that acceptance of this Agreement (agreement accession) shall be performed by payment of amount specified in Insertion order sanded to the Customer.
Subject of the Agreement
- In accordance with the terms of this Agreement, the Contractor shall provide the services for placement of the advertising materials on the advertising platforms on the basis of Customer’s orders (hereinafter — the Services), and the Customer shall accept and pay in a timely manner for the services rendered by the Contractor.
- List of the services provided under this Agreement includes:
- nalysis and selection of the target audience and platforms for placement, to achieve the most effective placement of advertising, posts, reviews and/or comments;
- Preparation and/or creation of promotional materials (including, but not limited to: graphic images, articles, text blocks, video materials and their combinations) for placement on advertising platforms;
- Placement of advertising materials, posts, comments and/or comments on selected advertising platforms (site, blog, forum, social networks and other information resources);
- PR-publications on popular sites;
- Forming positive feedback on information resources on the Internet;
- Within the framework of the provision of Services under this Agreement, the Parties shall allow placement of advertising materials, as the created by order of the Customer, as well as promotional materials provided by the Customer.
- Orders for each specific case of provision of the Services shall be prepared by the Parties in the electronic form via electronic communication channels (e-mail) or in any other way, allowing establishing the fact of receiving the communications by the Parties.
- The cost of Services provision depends on the placement parameters and shall specified in the Insertion orders.
- The Insertion Orders must be paid with 100% prepayment or in case of long-term cooperation 14 days from the date of invoice. Unpaid charges are subject to interest of 1.5% per month on any outstanding balance.
General Terms of Provision of the Services
- Customer approve of the specific terms, cost and conditions of the provision of the Services by payment of amount specified in Insertion order sanded by the Contractor via electronic communication channels (e-mail or other way allowing establishing the fact of receiving the communications by the Customer).
- Contractor shall start the provision of the Services no later than 5 (five) business days from the moment of payment of the Insertion Order by the Customer.
- Contractor shall have the right to independently, without coordinating with the Customer, select and appoint the staff necessary to provide the Services defined by this Agreement, to involve the third parties to fulfill its obligations under this Agreement. The Contractor shall be liable to the Client for the actions of such third parties, as for its own actions. The Contractor shall pay for the services of the third parties involved by it at its own expense.
- Advertising materials shall be prepared in accordance with the applicable legislation.
- In the event that the advertised activity is subject to licensing or the advertised goods are subject to mandatory certification, the advertising materials shall include the relevant notes provided by the current legislation on advertising of the certain goods or services. Upon request of the Contractor, the Customer shall promptly provide the documentary evidence of reliability of the information contained in the Advertising materials.
- If the advertised activity is subject to licensing and/ or the services are subject to the mandatory certification, the Customer shall provide the Contractor with the duly certified copies of the licenses.
- Contractor’s guarantees for the placement deadlines within the framework established by the Insertion Order shall be valid for one day (24 hours). If the advertising materials will be removed, the access to them will be restricted or they otherwise will be blocked for viewing by the owners of the advertising platforms and/or the competent authorities after the deadline, the Contractor’s liabilities shall be recognized as fulfilled and the Services as rendered properly.
- All exclusive rights to the advertising materials (including, but not limited to: the graphics, articles, text blocks, video materials and the combinations thereof) created by the Contractor under this Agreement in accordance with the Customer’s order, shall be owned by the Contractor in full and shall not be transferred to the Customer. In the case of involvement of the third parties by the Contractor for creation of the advertising materials, the exclusive rights to such advertising materials may not be transferred to the Customer and the Contractor separately guarantees that the rights of the third parties, involved by the Contractor shall not be violated.
- The Parties shall sign the Report of rendered services not later when five (5) business days after the provision of all services specified in each Insertion order to this Agreement. If within five (5) business days of the mailing of the scan copy of the Report to the Customer the Customer does not object to the Report, the services are deemed to be accepted with no objections. If the original copy of the Report is not returned by the Customer as of the last day of the month following the reported one and provided there are no objections as to the Report the scan copy shall be of an equal legal force with the Report signed by both Parties.
Liability of the Parties, disputes resolution and the governing legislation
- This Agreement shall be governed by the legislation of the Republic of Cyprus and the common laws of the European Union, and shall be construed in accordance with it.
- For non-fulfillment or improper fulfillment of the obligations under this Agreement the Parties shall be liable in accordance with current legislation of the Republic of Cyprus and the common laws of the European Union.
- The Contractor shall be liable for the actions of the third parties involved by it to fulfill its obligations under this Agreement.
- In the event of technical or other failures of the advertising platforms that have occurred not due to Contractor’s fault, as a result of which the Customer’s advertising materials were placed with delay, beginning the period of the placement of such advertising materials shall be postponed until elimination of such failures by the advertising platforms.
- In case of occurrence of the disputes and disagreements the Parties shall make every effort to resolve them through negotiations. If the Parties will be unable to resolve the disputes through negotiations they shall appeal to the Court of Cyprus.
- The Parties shall be relieved from the liability for partial or full non-fulfillment of obligations under this Agreement if such failure was caused by the force majeure circumstance arising after the conclusion of the Agreement, as a result of the extraordinary events, which the Parties could neither foresee nor prevent by reasonable measures.
- Such circumstances shall be certified by the authorized bodies or persons.
Duration and termination of the Agreement or Insertion orders
- The present Agreement shall enter into force upon acceptance by the Customer and be valid until of its termination initiated by one of the Parties in accordance with this Agreement.
- Each Insertion order shall enter into force upon signing by the Parties and shall it be valid until of its execution, unless otherwise stated in the Insertion order.
- This Agreement, as well as any Insertion order, unless otherwise stated, can be terminated at the initiative of one of the Parties by means of sending a notification in writing to the other Party from the date stated in such notification. Such notification shall be sent no less than 15 (fifteen) calendar days before the date of the termination.
- The present Agreement and/or any Insertion orders can be terminated upon mutual agreement in writing of the Parties.
- Termination of this Agreement and/or any Insertion orders does not cancel the obligations of the Parties that have arisen prior to such termination, including the obligation to pay for the Services.
- The Parties shall perform mutual settlements within 10 (ten) working days from the date of the termination of the Agreement, unless otherwise stated in the termination agreement.
- The Parties recognize the legal power of the notifications, messages and written requests, sent to the contact e-mail addresses, and fax addresses. Such notifications, messages and written requests are equal to messages and notifications prepared in writing and sent to the postal addresses of the Parties.
- If any of the terms or provisions of this Agreement shall be held invalid, deprived of the legal power or null and void by a court of the competent jurisdiction, the remaining provisions of this Agreement shall remain in force and continue to apply without changes, and the provision recognized as null and void shall be replaced by a valid provision under the applicable legislation, as close as possible by its nature and meaning.
Details of the Contractor
ONER INVESTMENTS LIMITED
Theklas Lysioti, 17, Pissas Building, office 501, 3030, Limassol, Cyprus
Registration Number: HE 275568
Bank: JSC Rietumu Banka, Riga, Latvia