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about the provision of Mining Control services (public offer)
The "Mining Control" service, hereinafter referred to as the CONTRACTOR, offers, on the terms set out below, to any legal entity or individual, hereinafter referred to as the CUSTOMER, services, the list and amount of payment for which are indicated on the website, hereinafter the Site.
1. Subject of the contract
1.1. Within the framework of this Agreement, the CONTRACTOR provides the CUSTOMER with the following services: display of statistical information on the operation of the CUSTOMER's equipment, notification of abnormal operation of the CUSTOMER's equipment by sending SMS messages and / or letters to e-mail and / or by calling an automatic informant.
1.2. The CUSTOMER agrees to receive notifications from the Mining Control Service via SMS messages and /or emails, as well as consent to receive calls from an automatic informant.
2. Rights and obligations of the parties
2.1. The CONTRACTOR is obliged to:
2.1.1. To provide Services to the CUSTOMER in accordance with this Agreement.
2.1.2. To ensure the smooth operation of the Site, except in cases of force majeure and for reasons directly beyond the control of the CONTRACTOR.
2.1.3. Provide the CUSTOMER with access to statistics through the Personal Account by providing a login and PIN code to the protected area of the CUSTOMER.
2.1.4. Display in the CUSTOMER's Personal Account information about credited payments, the status of the Electronic Account and other data within the framework of the provision of Services under this Agreement.
2.2. THE CUSTOMER is obliged to:
2.2.1. Use the phone number and/or email address to receive notifications, only belonging to the CUSTOMER.
2.2.2. The CUSTOMER undertakes to compensate the CONTRACTOR for losses caused by various payments that may be recovered from the CONTRACTOR due to violations by the CUSTOMER of the provisions of this Agreement.
2.2.3. Do not use the connection to the Site to make requests that may lead to a malfunction of the Site.
2.2.4. To pay for the CONTRACTOR's Services in a timely manner, in the amount and on the terms provided for in this Agreement.
2.3. The CONTRACTOR has the right to:
2.3.1. Block the CUSTOMER's Personal Account when using someone else's phone number and / or email, as well as when identifying illegal actions that affect the formation of the tariff for the provision of Services.
2.3.2. In the event of a change in tariffs for the provision of communication services by Operators, as a result of which the CONTRACTOR's costs related to the execution of this Agreement change, the CONTRACTOR has the right to unilaterally change the cost of Services.
2.3.3. The CONTRACTOR has the right to suspend the provision of Services in case of non-fulfillment by the CUSTOMER of payment obligations.
2.3. The CUSTOMER has the right to:
2.4.1. Require the CONTRACTOR to provide Services in accordance with the terms of this Agreement.
2.4.2. Receive information on the status of the Electronic Account, on credited payments, and details of expenses for Services rendered by the CONTRACTOR in the Personal Account.
3. Cost of services and payment procedure
3.1. The CUSTOMER pays for the Services provided under this Agreement in accordance with the applicable Tariffs published on the Website.
3.2. Funds for the Services provided are debited from the CUSTOMER's Electronic Account on a daily basis from 23:30 to 23:59 Moscow time zone (Russia).
3.3. Replenishment of the CUSTOMER's Electronic Account for payment of Services under this Agreement is made by transferring funds to the CONTRACTOR's bank account.
3.4. The link to the receipt under clause 3.3 will be available in the personal account no later than one business day following the day of transfer.
3.5. In case of termination of this Agreement, the funds unused on the Electronic Account are returned by the CONTRACTOR to the CUSTOMER within 10 (ten) working days.
4. Privacy
4.1. Any information and data received by the Parties in connection with the execution of this Agreement are strictly confidential and are not subject to disclosure and transfer to third parties, except in cases when bringing such information to the attention of competent authorities is mandatory by law.
4.2. The Parties undertake to keep strictly confidential and take all possible actions no less than those actions that each of the Parties undertakes to protect its own information.
5. Responsibility of the parties
5.1. The Parties are responsible in accordance with this Agreement and the legislation.
5.2. If one of the Parties fails to fulfill the obligations of the Contract, it undertakes to compensate the injured Party for direct, documented losses.
5.3. The CUSTOMER is fully responsible for the storage of the PIN code and the unavailability of the PIN code to the Personal Account to third parties.
5.4. The CONTRACTOR is not responsible for the delay in the delivery of notifications to the CUSTOMER for reasons beyond the CONTRACTOR's control.
6. Procedure for consideration of claims and disputes
6.1. The CUSTOMER's claims for the Services provided are accepted by the CONTRACTOR for consideration in writing to the CONTRACTOR's E-mail no later than 10 (ten) working days from the moment of the dispute. The term of consideration of the CUSTOMER's claims is no more than 10 (ten) working days.
6.2. All disputes related directly or indirectly to the Offer and the Contract concluded as a result of the Acceptance of the Offer are subject to consideration in court at the location of the CONTRACTOR, unless another jurisdiction is determined by the applicable legislation of the Russian Federation.
6.3. Before applying to the court, the CUSTOMER must comply with the out-of-court dispute resolution procedure by sending a written claim to the CONTRACTOR, accompanied by documents confirming the circumstances and requirements.
7. Procedure for termination of the contract
7.1. This Agreement may be terminated by the CONTRACTOR unilaterally in case of violation by the CUSTOMER of one of the clauses: 2.2.1, 2.2.3, 2.2.4 of this Agreement.
7.2. The CUSTOMER has the right to refuse the CONTRACTOR's Services at any time and terminate this Agreement unilaterally.
7.3. Termination of this Agreement does not release the Parties from the obligation to fully repay the debt, if any, for the entire period prior to the date of termination of this Agreement.
Fast navigation:
Subject of the contract
Rights and obligations
Cost of services and calculations
Responsibility of the parties
Procedure for consideration of claims
Procedure for termination
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