Public offer agreement Lapki.az

This document is a Public Offer Agreement (hereinafter referred to as the Agreement) by "... MMC" (hereinafter referred to as the Contractor), operating in accordance with the legislation of the Republic of Azerbaijan, acting on the basis of the Charter, and an individual or legal entity (hereinafter referred to as the Customer), which accepted the terms of the Agreement by acceptance, in accordance with paragraph 1.3 of this Agreement.

1. Basic concepts

1.1 The Parties to this Agreement - are the Contractor and the Customer;

1.2. Public offer - is a proposal regarding the provision of services of the Site, addressed to an indefinite number of individuals and legal entities. The public offer consists of the present offer and regulates the relations between the Parties to this Agreement, applicable to the terms of performance of specific services of the Website;

1.3 Acceptance - full and irrevocable acceptance of the terms of the Public offer according to paragraph 4 of Article 409 of the Civil Code of the Azerbaijan Republic and is equal to the conclusion of the Contract between the Parties. Acceptance of the present offer is recognized as payment by the Customer by cashless payment for the purchase of any service of the Site;

1.4 The Site - is an Internet resource located in the Internet at https://lapki.az/, applications to the Site based on different operating systems and other services, as well as software, design (graphic design) of the Site, applications and other services, database, any section (subsection) of the services, as well as information placed on the services;

1.5 Material Liability - responsibility for the damage established by the relevant legislation of the Azerbaijan Republic and caused as a result of violation of the terms and conditions of this Agreement in the course of its execution;

1.6 Legislation - laws, resolutions, rules, decrees, orders, instructions, and other normative and legal acts in force and applicable in the territory of the Azerbaijan Republic.

1.7. Customer - any legally capable person who has paid at least once for the services provided on https://lapki.az/.

1.8. Executor - the administration of the site, which manages it.

2. Subject of the Agreement

2.1. The subject of this Agreement is to determine the general terms and conditions of the obligatory relations arising between the Contractor and the Customer when the Customer makes a cashless payment for the provision by the Contractor of the Website services, exclusively within the framework of the Website Rules and the User Agreement.

2.2 The essential conditions of each service transaction made on https://lapki.az/ are formed online individually for the user using the interface https://lapki.az/, through which the user selects the service and its parameters.

2.3 Some services may be available only for certain categories of users, for example, for users who use https://lapki.az/ for commercial purposes.

2.4 The terms and conditions of specific services under the offer, including their content, scope, and terms are defined in the relevant Terms of Service and other rules of https://lapki.az/. The term of the contract coincides with the term of the service.

3. Acceptance Procedure

3.1. This Offer shall be deemed to be accepted by the Customer, and the Agreement between the Contractor and the Customer shall be deemed to be concluded from the moment of payment by the Customer of the cost of any service of the Website. The terms and conditions of the concluded Agreement shall apply to all subsequent transactions of the Customer.

3.2. Each order by the Customer of specific services under the Agreement is an independent transaction on rendering of the Website services. The transaction may be concluded in respect of the services presented on the Website and available for ordering and payment at the moment of the Customer's access to one or another service of the Website.

3.3 Payment of the cost of any service of the Site is recognized as acceptance of this Agreement by the Customer on the terms and conditions agreed upon by the parties.

4. Cost of services and payment terms

4.1. The cost of the Service selected by the Customer at the conclusion of the transaction under the Agreement is determined based on the characteristics of services (type of package, package composition, and other parameters) in AZN. The cost includes Value Added Tax (VAT) at the rate established by the current tax legislation of the AR.

4.2. Payment for the Service shall be made at the prices effective at the time of payment.

4.3. The Customer may pay for the Service by one of the ways presented in the interface of the Website only in cashless form.

4.4. The Service is applied after the payment has been made.

4.5. In case of payment for services at the expense of the advance payment previously made in the cabinet, the Customer's cabinet balance shall be debited with the corresponding amount of funds, taking into account discounts (if any), if the conditions of the respective service allow their use. Such payment can be made only if there is an amount equal to or greater than the total cost of the ordered services on the account balance.

5. Rights and obligations of the parties

5.1. The Customer has all necessary rights to the content of the advertisements, links to other resources and other information specified in the description of the advertisements.

5.2. The Customer undertakes to release the Executor from all forms of material responsibility and to reimburse at its own expense any claims, expenses, fines, losses, claims for compensation, damages, etc., in case of any third party claims to have copyright, patent, dispositive or other rights to advertising products, property or service, in respect of which the Website Services are applied.

5.3. The Customer guarantees reliability and accuracy of information about advertising products, property, or service, in respect of which the Website Services are applied, and releases the Executor from any responsibility in connection with the accuracy of the submitted information.

5.4. The Executor undertakes to take all necessary measures to eliminate possible cases of decrease in the quality of the Website Services, failures and malfunctions.

5.5. The obligations arising from the Contract will be performed by the Executor in a qualitative and timely manner.

6. Dispute resolution procedure

6.1. Disputes arising under this Agreement shall be referred to the court in accordance with the legislation of the Azerbaijan Republic.

6.2. Before appealing to the court, the Customer, registered on the Website as a legal entity or an individual, must comply with the extrajudicial procedure of dispute resolution by sending a written claim to the Executor, attaching documents confirming the circumstances and requirements referred to by the Customer. The term of consideration of such claims is not more than 30 (Thirty) days from the moment of receipt of the claim by the Contractor. In case the Customer does not receive a response to the claim within the specified period or in case of the Contractor's refusal to satisfy the reasonable claims of the Customer, the Customer has the right to appeal to the court.

7. Force Majeure

7.1. The Parties shall be released from liability for partial or full non-fulfillment of obligations under the Contract if such non-fulfillment of obligations is caused by force majeure circumstances arising after the conclusion of the Contract, which the Parties could not foresee or control.

7.2. Force majeure circumstances include phenomena, the course of which the Parties cannot influence and bear responsibility for, including earthquakes, floods, fires, strikes, decisions of state bodies, military operations, terrorist acts, and other circumstances preventing the fulfillment of the terms and conditions of this Agreement.

7.3. The Party referring to force majeure circumstances shall promptly notify the other Party in writing of the occurrence of such circumstances.

7.4. In case of non-fulfillment of obligations under the Contract for more than 6 months due to force majeure circumstances, each of the Parties has the right to cancel the Contract unilaterally with prior notice to the other Party.

8. Other conditions

8.1. The Contract may be terminated prematurely at the initiative of the Customer. Upon termination of the Contract, the Customer has the right to apply to the Contractor for the refund. The refund is made on the basis of the Customer's written application to the Contractor.

8.2. The Executor has the right to terminate the Agreement in accordance with the procedure stipulated by the legislation, including in case of a single violation of the legislation, the terms and conditions of the Agreement or the rules of https://lapki.az/ by the user, with notification of the Customer about it via the interface https://lapki.az/, by e-mail or in any other way.

8.3. When applying for a refund of the unused balance of funds, the Customer shall identify himself as a party to the Agreement at the request of the Contractor, as well as provide the necessary documents and information (identity card, document of belonging to the mobile number from which the ad was placed, payment receipt).

8.4. In case of refund of the paid money, the refund is made to the same details, according to which the payment was received, and on the basis of a personal application of the person.

8.5. The refund is made on the basis of clause 3.6 of the User Agreement.

8.6. The liability is limited to the value of this Agreement.

8.7. This Agreement has been drawn up in Azerbaijani and Russian languages, in 2 copies each. In case of contradiction between them, the contract drawn up in the Azerbaijani language shall have the highest legal force.

9. Data on the Contractor

Company "ClassiHub MMC"

Address: Turgenev 22

Tel: +994703694383