Hereby, the "TIM" LCC, in the face of Technical Director Alexey V. Borodin acting on basis of letter of attorney #1 since 02.02.2017, hereinafter referred as "Contractor", expresses its intention to conclude a contract of the provision of services for registration device UDID on iOS or tvOS operating system in Apple developer account for the Customer and providing support services for at least 1 (one) year through helpdesk, located at https://rmuru.freshdesk.com under the terms of this offer (hereinafter - the "Agreement").
1: Terms and definitions
For the purposes of this offer, the following terms are used in the following meanings:
Offer - This document is published on the Internet at: https://regmyudid.cc/oferta.php
UDID - unique identifier for the Apple device on iOS or tvOS operating system, provided by the customer at the time of ordering the service provided by Contractor.
Acceptance of the Offer - complete and unconditional acceptance of the Offer by the actions mentioned in paragraph 6.1. Offer acceptance creates a contract.
Customer - a person who carries out the acceptance of the Offer and is a consumer of services for a treaty.
Agreement - an agreement between the Customer and the Contractor to implement the service, which is made through the acceptance of the offer.
Online Store, Shop - an Internet site having address https://regmyudid.cc and owned by the Contractor, intended for the sale of services on the basis of the offer.
Support Desk - an Internet site having address https://rmuru.freshdesk.com, where Customer can create various requests to be handled by Contractor support team of engeneers.
Ordering - Customer committing acts aimed at the acquisition of services, designed in the proper order process in the shop.
Service - actions of the Contractor made in Apple developer account that belongs to Customer, Contractor or 3rd party legal entities which allowed Contractor to manage their Apple developer accounts, allowing to bind UDID of iOS/tvOS-based device of Customer to this account for a period of (1) one year.
Apple Developer Account - Account duly registered in the Apple developer program, owned by the Customer, Contractor or 3rd party legal entities which allowed Contractor to manage their Apple developer accounts.
Apple Developer Certificate - a digital certificate issued by Apple to accredited developer.
Installation Profile - profile configuration for device on the iOS or tvOS operating system, containing the device UDID, which allows to install applications, signed by Apple Developer Certificate.
2 Subject of the Agreement
2.1. Contractor on the basis of a duly executed order undertakes to register the device UDID, provided by the Customer, in the Apple developer account for a period of 1 (one) year in order to allow Customer to test applications signed by Digital Certificate of Apple developer account that belongs to Customer, Contractor or 3rd party legal entities which allowed Contractor to manage their Apple developer accounts. After registration, the Contractor shall provide access to the certificate of the developer, as well as to the profile of the installation, if any, were created with the professional type of registration. Contractor is also obliged to provide support services through Support Desk for 1 (one) year after device registration in Apple Developer Account.
3 General Conditions of Service and the ordering process.
3.1. Prerequisite of providing services in accordance with this Offer is to use actual customer data on services, specified (listed) in the shop of the Contractor.
3.2. Contractor shall provide services to the Customer only after the acceptance of the offer.
3.3. Services are ordered through the online store of the Contractor. Services provided to the Customer on a prepayment in the amount of 100% (one hundred percent) of the total purchase price. Contractor reserves the right to terminate the Agreement unilaterally in case of delay in payment by the Customer.
3.4. Refund of money paid for services rendered at mistyped UDID is impossible.
3.5. Use a registered UDID is possible within twelve (12) calendar months from the date of registration.
3.7. Refunds at poorly rendered service or inability of its delivery is possible in a pretentious manner in accordance with the current legislation of the Republic of Estonia.
4 The rights and obligations of the parties.
4.1. Contractor shall have the right to:
4.1.1. Change the terms of this Agreement, the prices of services, methods and terms of payment and delivery of services unilaterally by posting the changes on the website. All changes take effect immediately after placing the appropriate changes shall be deemed brought to the attention of the Customer from the time of placement (publication) of such information.
4.1.2. Involve the implementation of their obligations under the Treaty of third parties without prior notice.
4.1.3. Refuse the Customer to provide services in the event of non-receipt of a pre-payment at the rate of 100% (one hundred percent) of the total amount of goods.
4.2. The Customer undertakes to:
4.2.1. Pay for services purchased by the Contractor in full and in a timely manner;
4.2.2. Familiar with the contents and conditions of the Agreement before signing it (prior to the acceptance of the offer), to get acquainted with the cost of services offered by the Contractor in the shop with no obligation to purchase them;
4.2.3. Report Contractor personal data that uniquely identify itself as the customer and the service provided, as well as provide the necessary documents / duly certified copies if the provision of such documents necessary;
4.2.4. Comply with the terms of this offer, as well as the provisions contained in other documents and regulations, which may be taken by the Contractor in the future;
5 Cost of services and payments under the Contract
5.1. Payment for all services provided to the Customer shall be in the form of an advance payment in the amount of 100% (one hundred percent) of the total cost of the order
5.2.Payment is made by debiting a credit card of Customer, which occurs during the payment order.
5.3. The service is paid by the Customer at the time of receipt of funds on account of the Contractor;
5.4. Prices for services are subject to change by the Contractor at any time. The new prices will take effect from the date of publication, unless a different date of entry into force of the new prices are not determined, when they are changed in the online shop of the Contractor.
5.5. All payments under the Agreement are made in EURO.
6 Acceptance of the offer and conclusion
6.1. Customer makes the acceptance of the Offer through the order in online shop of the Contractor.
6.2. Acceptance of the offer is full and unconditional in accordance with the provisions of the Civil Code.
6.3. Making the acceptance of an offer, the Purchaser agrees fully with the terms of this Agreement, as well as to the processing of their personal data in accordance with GDPR. Contractor store the following data: UDID, email, purchase data in a database. This data can not be shared with any 3rd party. Customer can request data deletion via request in Support Desk.
7 Liability of the parties under the Agreement
7.1. For any failure to perform its obligations under the Contract shall be liable in accordance with the current legislation of the Republic of Estonia.
7.2. The Contractor shall not be liable for failure to perform its obligations if the failure is due to objective circumstances not related to the fault of the Contractor, such as:
7.3. Parties are not responsible for partial or complete failure to fulfill obligations under the Agreement if such failure was caused by force majeure, resulting from the extreme circumstances that the Party could not have foreseen and / or prevented by reasonable measures. Such circumstances include natural disasters, accidents, fires, riots, strikes, revolution, war, the entry into force of legislation, government regulations, and orders of public authorities, directly or indirectly prohibit specified in the Agreement activities, as well as any other circumstances beyond reasonable control of the Parties. In the event of such circumstances, the period of performance of contractual obligations is delayed in proportion to the period of the relevant circumstances.
7.4. Upon the occurrence of specified in para.
7.5 Contract circumstances Party which is unable to perform its obligations hereunder, shall, within three (3) days notify them in writing to the other Party. The notice must include information on the nature of the circumstances, and, if possible, an assessment of their impact on the possibility of the parties fulfill their obligations under the Treaty and the estimated period of performance. The existence of force majeure must be within 20 days from the date of notification if confirmed by the competent authority. In case of failure or delay in the performance of obligations under this paragraph, a Party which is unable to perform its obligations under this Agreement, shall not be entitled to invoke the existence of force majeure to justify such a default.
7.6. Customer shall bear all responsibility for compliance with the requirements of the legislation, including legislation on advertising, copyright and related rights, protection of trademarks and service marks of consumer protection, representation to their clients.
8 Duration, amendment and termination of the Agreement
8.1. Acceptance of the Offer by the Customer creates a contract on the terms of the Offer.
8.2. The Agreement shall enter into force from the date of acceptance of the offer by the Customer and shall be valid for a period of use, the customer services of the Contractor under this Contract Offer.
8.3. Contractor reserves the right to amend the terms of the Offer or to withdraw the Offer at any time at its discretion. Revocation of offer by the Contractor is not grounds for termination of the obligations of the parties to contracts have been signed.
8.4. Customer acknowledges and agrees that changes in the Offer entails making these changes in a prisoner and acting between the Employer and the Contractor Agreement, and these changes to the Agreement shall enter into force at the same time with such changes in the Offer.
8.5. Agreement may be terminated earlier by mutual agreement of the Parties at any time.
8.6. Agreement may be terminated by the Customer unilaterally with advance notice of the Contractor's intention to terminate the Agreement at least 30 days before the intended date of termination.
8.7. Agreement may be terminated unilaterally by the Contractor at any time. In this case, Purchaser reserves the right to purchase services in the same volume.
8.8. Termination of the Agreement for any reason does not relieve the parties from liability for breach of contract committed within the period of its validity.
9 Copyright protection under the Agreement
9.1. Use of material online store, logos and names a possible identification of the Contractor only with the written permission of the Contractor. When using material from this site an active link to the site.
10 Other terms and conditions
10.1. Contract, its execution and delivery of regulated in accordance with the current legislation of the Republic of Estonia.
10.2. The parties have agreed in relation to mandatory compliance pretentious dispute resolution.
10.3. Recognition by the court of invalidity of any provision of this Agreement and related documentation shall not entail the invalidity of the remaining provisions.
10.4. Without prejudice to the terms of the Offer, the Customer and the Contractor shall have the right at any time to execute the contract in the form of a written two-sided document.
11 Details of the Contractor(s)
Address: Sepapaja tn 6 Lasnamäe linnaosa, Tallinn Harju maakond 15551
Registration number: 14471074