OFFER FOR THE PROVISION OF CONSULTING SERVICES
BARKKOMMERZ GmbH (hereinafter referred to as the Contractor) by publishing or sending this offer invites each individual who has expressed consent to the conditions set forth in this offer in the manner specified in it (hereinafter referred to as the Customer) to conclude an agreement on the provision of consulting services on the terms set forth below (hereinafter referred to as the Agreement).
The Agreement is concluded in a summary procedure by accepting this offer through a transfer of payment for the consulting services ordered under this Agreement from the Customer to the Contractor.
1.1. The Parties have agreed that the following terms and definitions for the purposes of this Agreement will have the following meanings:
''Customer'' is a natural person who has passed the Registration on the Service and has expressed agreement with the conditions set forth in this offer in the manner specified in it.
''Contractor'' is BARKKOMMERZ GmbH.
''Services'' are consulting services for assisting in obtaining game benefits, performing various game tasks, missions, achieving game progress, developing a game character and other improvements to the game process of computer games specified by the Customer, the provision of which is entrusted to the Contractor in accordance with this Agreement.
''Service'', ''Website'' is a software called «Mythic Store» intended for ordering and rendering the services of the Contractor, familiarization with information about the services and about the Contractor, access to which the Contractor temporarily provides to the Customer at the address https://mythic-store.com/.
''User agreement'' a legal document, agreement (contract) governing the relationship between the Customer and the Client on the use of the Service, posted at https://mythic-store.com/agreement.
“Applicable legislation” is the legislation of the country where the Contractor is registered or resides. In some cases, the applicable legislation may refer to the legislation of the country where the Client resides if such legislation establishes the precedence of its rules over this Agreement.
''Messenger'' is an information system and/or computer program (mobile application, web service, web application, etc.) that is designed and/or used to receive, transmit, deliver, and/or process electronic messages on the Internet (e.g. Skype, WhatsApp, Viber, etc.).
''Cloud data storage'' is an information system and/or computer program (mobile application, web service, web application, etc.), which are designed to provide the ability to store electronic files on a remote server of the person (provider) providing cloud storage services (for example, Yandex.Disk, Google Drive, Dropbox, Onedrive, Box.net, etc.).
''Collaborative software'' is an information system and/or computer program (mobile application, web service, web application, etc.) that are designed to organize users' collaboration on a task (for example, YouTrack, Jira, Slack, GanttPro, Figma, Zeplin, CRM systems - Bitrix24, amoCRM, etc.).
''Checksum'', ''Hash sum'' is a certain value (sequence of characters) calculated from a data set by applying a specific algorithm, used within this Agreement to verify the integrity (authenticity) of electronic files during their transfer or storage. For the purposes of this Agreement, the calculation and verification of Checksums are performed by applying the algorithms MD5 and SHA256, including the software certfile.exe (for Windows) or md5sum and sha256sum (for Linux).
1.2. All other terms and definitions that appear in the Agreement are interpreted by the Parties in accordance with Applicable legislation, current recommendations (RFC) of international bodies for standardization on the Internet, and using the usual rules for the interpretation of relevant terms that have developed on the Internet.
1.3. Terms and definitions used in this Agreement can be used both in the singular and in the plural, depending on the context, the terms can be spelled both in uppercase and lowercase letters.
1.4. The names of the headings (articles), as well as the design of the Agreement, are intended only for the convenience of using the text of the Agreement and have no literal legal value.
2. SUBJECT OF THE AGREEMENT, TERM FOR RENDERING SERVICES
2.1. Under this Agreement, the Customer orders, and the Contractor undertakes to provide the Customer with consulting services, and the Customer in return undertakes to accept and pay for them.
2.2. As part of the services provided, the Contractor undertakes to perform the following actions for the Customer:
2.2.1. consultations on obtaining gaming benefits;
2.2.2. consultations on the performance of various game tasks, missions;
2.2.3. consultations on achieving game progress;
2.2.4. consultations on the development of the game character;
2.2.5. consultations on other improvements to the game process;
2.2.6. other actions as agreed with the Customer.
2.3. Services under this Agreement are provided by the Contractor via the Internet using information technology.
2.4. Services under this Agreement, unless otherwise additionally agreed by the Parties, shall be provided by the Contractor within the period specified in the description of the service on the Contractor's website at https://mythic-store.com/.
2.5. Requests and approvals of the Parties can be sent to each other in the order of agreement between the participants of electronic interaction.
2.6. Within the framework of this Agreement, the Parties have agreed to understand the quality of services as the compliance of services with the requirements usually imposed on services of the corresponding type
2.7. The Parties undertake to hold joint discussions of all issues related to the provision of services by the Contractor under this Agreement. In case no consensus is reached during the discussions, the Parties will consider the decision taken by the Customer unilaterally as final and binding.
2.8. When providing services, the Contractor has the right to involve third parties (co-contractors, sub-contractors) without the consent of the Customer. At the same time, if such third parties are involved in the provision of services, the Contractor is responsible for their actions and the results of the services, as for their own.
2.9. In the process of rendering services, the Contractor is guided by this Agreement, however, if the Contractor has questions about the requirements for services or reveals inaccuracies and ambiguities in them, he/she requests the necessary clarifications from the Customer with the suspension of the provision of services for the period of time it takes to receive clarifications.
2.10. As a general rule, drawing up an act on the provision of services under this Agreement is not required and the services are considered accepted if, after 5 (five) working days from the end of the month in which the services were provided (hereinafter referred to as the reporting month), no comments have been received from the Customer to the Contractor and (or) claims related to the services provided in such month.
3. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR
3.1. The Contractor is obliged to provide services in accordance with the requirements of this Agreement and the instructions of the Customer in good faith, with high quality, and on time. At the same time, the Contractor is obliged to follow any instructions of the Customer regarding the provision of services, including those that run counter to the requirements of the Agreement, informing the Customer, if necessary, about the possible adverse consequences of the execution of such instructions.
3.2. The Contractor is obliged, in the event of any questions regarding the instructions of the Customer or revealing inaccuracies and ambiguities in them, to request the necessary clarifications from the Customer with the suspension of the provision of services. The Contractor is not entitled to make independent decisions on controversial issues, clarifications on which have not been provided by the Customer.
3.3. The Contractor is obliged to explain to the Customer the procedure and the meaning of the actions taken by the Contractor in order to fulfill obligations under this Agreement.
3.4. The Contractor is obliged, when executing this Agreement, to act in the interests of the Customer, be guided by the principle of expediency of certain actions and, in the absence of other instructions, consider the goal of minimizing the Customer's expenses when executing the Agreement.
3.5. The Contractor is obliged, when executing this Agreement, to use computer programs and databases, access to which is provided to the Contractor by the Customer, incl. computer games. The use of other software tools for the execution of this Agreement is allowed only by agreement with the Customer.
3.6. The Contractor is obliged, at the request of the Customer, to submit to the latter reports on the progress of the provision of services under this Agreement in free form orally, by telephone, in person, or by other means, no more than once per reporting month.
3.7. The Contractor has the right to demand from the Customer the provision of documents, information, information necessary for the proper execution of this Agreement, including information constituting a commercial secret or other confidential information.
3.8. The Contractor has the right to request electronic copies of documents to confirm the legal and legal capacity of the Customer, including those certified by the Customer's electronic signature. The request is sent by e-mail to the contact address of the Customer specified by him in this Agreement.
4. RIGHTS AND OBLIGATIONS OF THE CLIENT
4.1. The Customer is obliged to provide the Contractor with documents, information, data necessary for the proper execution of this Agreement, including information constituting a commercial secret or other confidential information. At the same time, in the case of providing information containing the results of the intellectual activity of third parties, the Customer guarantees the availability of permissions from the copyright holders or contracts drawn up in accordance with the procedure established by law for the use of such results in the provision of services.
4.2. The Customer is obliged, upon the request of the Contractor, to provide electronic copies of documents to confirm his legal capacity including those certified by the electronic signature of an authorized person.
4.3. The Customer is obliged, at the request of the Contractor, to provide him with access to computer programs and databases operating on the Internet, including computer games, under the terms of a simple (non-exclusive) license in order to fulfill obligations under this Agreement, or on other conditions permissible by the copyright holder.
4.4. The Customer is obliged to mark information related to trade secrets and know-how and transmitted in the process of rendering services to the Contractor through any communication channels by affixing the stamp "Commercial secret" or "Confidential": on paper documents in the form of a stamp, on electronic documents - inscriptions in the headers and footers of the first screen sheet, in electronic messages - in the message text, on other electronic files - in service information, metadata determined in accordance with the specification of a specific file format or file system.
4.5. The Customer is obliged not to create conditions that may complicate the fulfillment of obligations under this Agreement by the Contractor (including not to carry out actions related to the possible transition to work for the Customer of the Contractor's personnel directly involved in the execution of the Contractor's obligations under this Agreement).
4.6. The Customer has the right to monitor the process of rendering services by the Contractor, without interfering with the activities of the Contractor.
4.7. The Customer has the right to require the Contractor to submit a report on the progress of the provision of services in free form no more than once per reporting month.
5. THE COST OF SERVICES AND REMUNERATION
5.1. The cost of services under this Agreement is determined according to the price list published on the Contractor's website at https://mythic-store.com/. The cost of services includes compensation for the costs of the Contractor, the remuneration, as well as all applicable taxes and fees. The cost of services is not subject to VAT due to the application of the simplified tax system by the Contractor.
5.2. The prices of this Agreement are in EU euro (EUR). The currency for the remuneration is the euro (EUR).
5.3. Services under this Agreement are paid by the Customer in an advance payment at the time of ordering services using the Service. If the Customer has counter obligations to pay under other agreements concluded with the Contractor, payment for services under this Agreement is possible by deducting the amounts due to the Customer under other contracts by the Contractor without any additional notice to the Customer.
5.4. If it is impossible to execute the Agreement due to the fault of the Customer, the services are to be paid in full.
5.5. When the funds are credited to the Contractor's account the Customer's obligation to pay under this Agreement is fulfilled.
5.6. The Customer has the right to entrust to perform payments under the obligations to another person. Unless otherwise agreed upon additionally, the person making payment for the Customer is the person authorized by the Customer.
5.7. The parties agreed to not collect interest from each other on monetary obligations provided that is allowed by the Applicable legislation.
5.8. The cost of services can be full refunded only if the Customer made the request for a refund, when the Contractor has not yet started providing the Service. In cases of receiving the Customer's request for a refund, when the Service was partially provided by the Contractor, the percentage of the cost of services depends on the percentage of completion of the Services. The percentage of completion of the Services is determined by the Contractor unilaterally..
6. WARRANTIES AND REPRESENTATIONS
6.1. The Parties guarantee to each other that the conclusion of this Agreement does not require approval, agreement, or compliance with any other special procedure for making transactions in accordance with the requirements of the Applicable legislation, since this Agreement is not beyond the Parties' normal business activities.
6.2. The Parties guarantee to each other that they have the necessary legal capacity to carry out their activities, conclude and execute this Agreement, the license (permit, registration) required to carry out the main type of activity has not been revoked (canceled), the license (permit, registration) has not expired, or the main type of activity carried out by the Contractor is not subject to licensing (permission, registration).
6.3. All information and documents provided by the Parties to each other in connection with the conclusion of this Agreement are authentic. The Parties did not hide from each other the circumstances that, if discovered, could negatively affect the decision of each of the Parties regarding the conclusion of this Agreement.
6.4. The conclusion of this Agreement does not violate any rights and obligations of the Parties to third parties or government bodies.
6.5. Neither Party participates in or is in any way connected with any transaction or other obligation under which it is in a situation of failure to fulfill, or is obliged to fulfill its obligations ahead of schedule, or participation in which may negatively affect the ability of the Party to fulfill its obligations under this Agreement, such obligations of which the other Party was not informed.
7.1. The Parties undertake to maintain the confidentiality of all information transmitted to each other both through secure and unprotected communication channels, regardless of the presence or absence of markings indicating the status of confidentiality of the transmitted information, except when such disclosure occurred for reasons beyond the control of the Parties, as well as except as provided by current legislation.
7.2. If necessary, the Parties may provide each other with access to their information systems and local information and telecommunication networks on the condition of maintaining the confidentiality of the information contained therein. In particular, the Parties may provide access to running copies of computer games, provided that information about the game character (nicknames, parameters, etc.) is not transferred to third parties, except for the Contractor's subcontractors, and is not used for commercial purposes and is not disclosed where- or, in addition to the internal playing space of a computer game.
7.3. The disclosure of confidential information within this Agreement means the action or inaction of one of the Parties to the Agreement, as a result of which confidential information becomes known to third parties without the consent of its owner. In this case, the form of disclosure of confidential information to third parties (oral, written, using technical means, etc.) does not matter.
7.4. Disclosure of confidential information at the legal request of law enforcement and other authorized state bodies and officials is not considered a violation of confidentiality if it's disclosed in cases and in the manner prescribed by applicable law, as well as publicly, verbally, or in writing indicating that one Party is a counterparty to the other Party.
7.5. In case confidential information is disclosed to such authorities and/or persons, the disclosing Party shall in writing notify the owner of the confidential information about the fact of the disclosure, its contents, and the authority to which they were disclosed, no later than 2 (two) business days from the date of disclosure.
7.6. Confidentiality obligations are valid for an unlimited period regardless of the validity or termination of this Agreement.
7.7. If a Party discloses confidential information received from the other Party, the responsible Party that committed such a violation undertakes to compensate all losses caused by this including lost profits within 5 (five) days after receiving a corresponding written request from the other Party, as well as to pay a fine in the amount of 100 (ten hundred) euro for each fact of disclosure, regardless of the significance of the consequences of disclosing such confidential information and the amount of damages caused.
8. TERM AND TERMINATION OF THE AGREEMENT
8.1. This Agreement is concluded between the Parties for a period until the obligations of the Parties have been fulfilled.
8.2. The Parties have the right to terminate this Agreement anticipatorily and in other cases established by the current Applicable legislation.
9. LIABILITY OF THE PARTIES
9.1. In case the Contractor violates the requirement for the quality of services, the Customer has the right to demand a free elimination of the violations or termination of this Agreement and the return of the amount paid under it.
9.2. The Parties shall be liable for non-fulfillment or improper fulfillment of obligations under this Agreement in accordance with the current Applicable legislation.
9.3. The Contractor is not liable for the consequences caused by the Customer providing documents that do not correspond to reality.
9.5. The Parties are not liable for non-fulfillment or improper fulfillment of obligations under the Agreement in the event of force majeure obstacles, which are understood as natural disasters, riots, prohibitive actions of the authorities and other force majeure circumstances.
10. FORCE MAJEURE CIRCUMSTANCES
10.1. A Party shall not be liable for partial or full failure to perform obligations under this Agreement if it proves that proper performance was impossible due to force majeure circumstances which means extraordinary, unforeseen, and unavoidable circumstances arising during the execution of this Agreement. Such circumstances could not reasonably be expected in the event of the conclusion of this Agreement in order to avoid or overcome them, as well as they are beyond the control of the Parties to this Agreement.
10.2. Force majeure circumstances include military operations (declared or actual war), civil unrest, mass diseases (epidemics, pandemics, etc.), strikes, blockades, natural disasters (earthquakes, floods, hurricanes, etc.), fire, terrorist acts, sabotage, traffic restrictions, prohibitive measures by states, the prohibition of trade operations, including with individual countries, due to the adoption of international sanctions, as well as disconnection of data centers located in the country of the Parties’ location from the global Internet and blocking of servers or connections by supervisory authorities.
10.3. Force majeure circumstances do not include, in particular, entrepreneurial risks, such as violation of obligations by the obligor’s counterparties, lack of products necessary for the fulfillment of obligations on the market, lack of necessary funds from the obligor, as well as financial and economic crisis, change in the exchange rate, devaluation of the national currency, or criminal acts of unidentified persons.
10.4. In the event of force majeure circumstances specified in this chapter, each Party shall immediately notify the other Party in writing. The notice should contain data on the nature of the circumstances, as well as official documents proving the existence of these circumstances and, if possible, giving an assessment of their impact on the ability of the Party to fulfill its obligations under this Agreement.
10.5. If a Party fails to send or does not timely send the notice provided for in this Chapter, then it is obliged to compensate the other Party for the losses incurred by it.
10.6. In the event of force majeure circumstances provided for by this chapter, the date for fulfillment by the Party of its obligations under this Agreement shall be postponed taking into consideration the time during which these circumstances and their consequences are in effect if such a change in the terms is possible and/or appropriate.
10.7. In case a change in the timing of fulfillment by a Party of obligations under this Agreement is impossible and/or appropriate or force majeure circumstances and their consequences continue to be valid for more than 2 (two) months, the Party shall have the right to refuse to execute this Agreement because of the impossibility of fulfilling obligations from the Agreement due to force majeure circumstances if additional negotiations to find acceptable alternative ways of implementing this Agreement did not give a positive result. The initiating Party shall notify the other Party of the refusal to fulfill the obligations of the Agreement within a reasonable time.
10.8. If the Party refuses to execute this Agreement with reference to the impossibility of its execution due to the occurrence of force majeure circumstances, the Contractor within 30 (thirty) calendar days is obliged to return the amount paid by him under this Agreement to the Customer, but minus the justified costs incurred by the Contractor in connection with the execution or preparation for the execution of this Agreement, the amount of which may not be less than 10 (ten) percent of the amount of the Agreement.
11. PROCEDURES FOR DISPUTE RESOLUTION AND SATISFACTION OF CLAIMS
11.1. All disputes and claims are governed by the provisions of this Agreement, and in case they are not resolved, they are regulated through the procedure established by applicable law.
11.2. Any questions, comments, and other correspondence should be sent by the Parties to each other by electronic messages to the appropriate email address.
11.3. Claims arising out of and in connection to this Agreement are sent by the Parties to each other by electronic messages to the corresponding email address. The Party that received the claim undertakes to consider this claim within 10 (ten) working days, if necessary, by sending a letter stating its standpoint to the email address indicated in the claim. In case it's not possible to identify the Sender (Party) by the provided data (including anonymous claims), the claim is not to be considered. If it is impossible to resolve the claim through negotiations, the dispute is resolved in court in accordance with this Agreement and current legislation.
11.4. The Parties agree that if it is impossible to resolve disputes arising out of and in connection to this Agreement through negotiations, such disputes shall be resolved by the parties in court in accordance with applicable jurisdiction.
12. AGREEMENT BETWEEN THE PARTICIPANTS OF ELECTRONIC INTERACTION
12.1. The rules given in this section are an agreement between the Parties to this Agreement, as between the participants (parties) of electronic interaction in the manner-specified by the Applicable legislation requirements establishing cases of recognition of electronic documents (including primary accounting documents) signed with a simple electronic signature, equivalent to paper documents signed with a handwritten signature.
12.2. Information in electronic form, in the form of an electronic document, or an electronic message sent by one of the Parties to the other Party is valid only if it is either sent to the corresponding e-mail address of the receiving Party from the e-mail address of the sending Party specified in this Agreement, either it is directed to the other Party through the collaborative software, or it is directed to the other Party using the messenger.
12.3. When transferring information in the form of electronic files, the checksum value (hash sum) can be used to confirm their authenticity (invariability).
12.4. For the purposes of this Agreement, information in electronic form sent by one Party from its e-mail address to the e-mail address of the other Party is considered signed by a simple electronic signature in the form of an e-mail address (login), which is contained in the e-mail itself, a simple electronic signature key (pair username and password) is applied in accordance with the rules established by the operator of e-mail services and in the e-mail contains information indicating the Party on whose behalf the e-mail was sent.
12.5. For the purposes of this Agreement, information in electronic form sent by one Party to the other Party using the messenger is considered signed by a simple electronic signature in the form of the identifier of the sending Party in the messenger, which is contained in the email itself, the key of a simple electronic signature (a pair of login and password) is applied in accordance with with the rules established by the operator of the messenger and the e-mail contains information indicating the Party on whose behalf the e-mail was sent.
12.6. For the purposes of this Agreement, information in electronic form sent by one Party to the other Party using the collaborative software is considered to be signed by a simple electronic signature in the form of the identifier of the sending Party in the collaboration software (login), which is contained in the email message itself, the key is simple electronic signature (a pair of login and password) is applied in accordance with the rules established by the operator (owner) of the software for collaboration and the email contains information indicating the Party on whose behalf the email was sent.
12.7. Information in electronic form signed by a simple electronic signature of the sending Party is recognized by the Parties as an electronic document equivalent to a paper document signed by the handwritten signature of the relevant Party. All documents, notifications, and messages sent by the Parties to each other in the manner of this section are recognized as official correspondence under this Agreement, and have the force of a legally significant written document. Messages originating from the corresponding email address, messenger ID or phone number, and from the collaboration software account are considered to be messages originating from the relevant Party to this Agreement. Scanned images of documents signed by the Parties (contracts, additional agreements, annexes, acts, notifications, claims, and other documents) are equivalent to paper documents with personal signatures of the Parties.
12.8. Each of the Parties undertakes to maintain the confidentiality of the key of a simple electronic signature in the form of a login and password from the information system of the operator of e-mail services, messenger, software for collaboration. In case of unauthorized access to the specified login and password, their loss, or disclosure to third parties, the Party is obliged to immediately inform the other Party about this and take measures to restore access and/or change the login and password.
12.9. Instead of using a simple electronic signature to sign electronic documents, the Parties have the right to use an enhanced qualified electronic signature in accordance with theApplicable legislation. The parties acknowledge the legal significance of documents signed with a strengthened qualified electronic signature, sent both in the manner of this section and through electronic document management systems (for example, Kontur.Diadok, Tenzor SBIS, etc.).
12.10. This Agreement, applications for the provision of services, acts, notifications, claims, other documents, and electronic messages sent by the Parties to each other may contain links to information resources on the Internet (websites, website pages, etc.). The Party is obliged to inform the other Party about the impossibility to follow the link received from it, the occurrence of an error, the lack of necessary information or its inconsistency with the previously agreed information when clicking on the received link within 3 (three) days from the receipt of the link, otherwise, the Party that sent link, has the right to believe that the other Party has gained access to the information provided by the Party that sent the link after clicking on such a link and has no objection to this fact.
13. FINAL PROVISIONS
13.1. Documents, notifications, and messages under this Agreement, including those related to its change or termination, can be sent either in writing in the form of a paper document or electronic document in accordance with an agreement between the participants of electronic interaction. In particular, by sending an e-mail to an appropriate e-mail address, by sending an e-mail via a messenger, or by exchanging messages via collaboration software.
13.2. Any document, notice, or written message in the form of a paper document sent by one of the Parties to the other Party shall have legal force only if it is sent to the address specified in this Agreement or in the User’s request. A document, notice, or message can be delivered in person or sent by registered mail and will be deemed received
* – on the date of delivery upon delivery in person;
* – on the date indicated in the receipt confirming the delivery of the corresponding post by the communication organization if sent by registered mail.
13.3. The current version of this Agreement can be found on the Internet on the Service's website at https://mythic-store.com/agreement.
13.4. The Contractor reserves the right to unilaterally and without prior notice to the Customer change the terms of the Agreement while posting the final version of the Agreement at the above address 10 (ten) days prior to the entry into force of the changes. The provisions of the new edition of the Agreement become binding on all previously registered users of the Service from the date of its entry into force.