Madbid.com agreement on a transaction with a guarantor
FOP Belenets Vitaliy Sergeevich, TIN 3198220032, hereinafter referred to as the "Guarantor" draws up the current Agreement, which is a public offer within the meaning of Art. 437 of the Civil Code regarding users of the madbid.com Service.
Before using the website and concluding a transaction with the guarantor, each client must carefully familiarize himself with all the terms of the current Agreement, which are set out below. If you do not agree with any clause of the Agreement, it is strongly recommended to refuse to use the services of the Guarantor.
1. Deadlines and terms
1.1. Before signing the current agreement, it is necessary to familiarize yourself with the basic terms to understand the basics of cooperation:
1.2. Acceptance - full and unconditional acceptance by the Client and the Supplier of the terms of the current Agreement by initiating a group purchase-sale transaction in the social network with the help of the Service.
1.3. The Agreement is a real Agreement concluded by both Parties in the offer-acceptance form without signing a separate written document.
1.4. The client is a physical person. a person who plans to acquire a group in social networks such as Vkontakte, classmates, Instagram, Facebook, Telegram, YouTube, Twitter.
1.5. The supplier is a physical person. a person who plans to sell a group in social networks such as Vkontakte, classmates, Instagram, Facebook, Telegram, YouTube, Twitter.
1.6. Website Client (Client) – Buyer or Supplier.
1.7. Guarantor - FOP Belenets Vitaliy Sergeevich, TIN 3198220032, legal address: Kyiv, ul. Kartvelyshvili, d. 1, quarter 60, providing Guarantor services in accordance with the terms of the current Agreement.
1.8. The website (Platform) is a platform on the Internet owned by the Guarantor and located at the address: https://madbid.com, as well as on subdomains.
1.9. A transaction is an agreement between the Client and the Supplier concluded or concluded through the Website, the subject of which is the purchase and sale of a group on social networks VKontakte, classmates, Instagram, Facebook, Telegram, YouTube or Twitter.
1.10. The parties are the Guarantor, the Client and the Supplier at the same time.
2. Acceptance of the Offer Agreement
2.1. The client intending to use the Service of the Guarantor is obliged to accept this Offer Agreement.
2.2. When accepting the Offer Agreement, the Client must confirm that he is a legally competent person who is over 18 years of age and does not have any restrictions related to the conclusion and execution of the current Offer Agreement.
2.3. It is not allowed to accept the current Agreement-offer under conditions or with reservations.
2.4. Acceptance of the current Offer Agreement is possible if the following conditions are simultaneously met:
2.4.1. The Client has carefully read and agreed to all the terms of the current Offer Agreement.
3. Essence of the Transaction
3.1. Taking into account the current terms of the Agreement, the guarantor undertakes to ensure that the Supplier and the Client properly fulfill their obligations to each other within the framework of the agreements concluded between them through the Guarantor's website of the group purchase and sale transaction in social networks Vkontakte, Odnoklassniki, Instagram, Facebook, Telegram, YouTube or Twitter .
3.2. The subject of a specific transaction, in respect of which the Guarantor will provide services, is determined by the Client and the Supplier independently.
3.3. The provisions of the current Offer Agreement apply equally to cases of sale of groups in social networks, and to cases of sale of pages in social networks, communities, accounts, channels, etc.
4. The essence of the contract
4.1. Transactions in the Service regarding social networks Vkontakte, classmates, instagram, facebook, telegram, youtube, twitter are made on the Website in the following order:
4.1.1. The supplier places an advertisement for the sale of his group.
4.1.2. In the Service, the Client familiarizes himself with the available ads for the sale of groups in social networks, chooses a specific group for purchase, having previously read the description of the group on the Website.
4.1.3. After selecting a group, the Client clicks the "buy community" button, fills in a message to the Supplier and clicks the "send" button.
4.1.4. The Client pays the cost of the group, as well as the cost of the Guarantor's services using payment systems, using a bank card, or by paying from the internal balance on the Website by transferring the specified amounts to the Guarantor. The client undertakes to familiarize himself with and agree to the rules of operation of the payment systems/banks through which the transfer of funds to the Guarantor will be carried out. The guarantor is not responsible for possible malfunctions in the operation of payment systems/banks and possible negative consequences that may occur for the Client due to the fault of payment systems/banks. Any possible expenses related to the payment of commissions of payment systems shall be borne by the Client.
4.1.5. The Supplier provides the Guarantor with all the necessary data for logging into the account.
4.1.6. The guarantor enters the account of the Supplier's group, checks the group, and also performs all necessary actions to transfer the rights to the group to the Client.
4.1.7. The client receives access to the group from the Guarantor, verifies that the group matches the declared characteristics, and, if necessary, performs any additional actions aimed at linking the account to himself.
4.1.8. After receiving all the rights to the group and carrying out the necessary checks, the client confirms the receipt of all the rights to the group and closes the transaction on the Website. If the Transaction is not confirmed by the Customer within 24 (twenty-four) hours, the Guarantor has the right to independently check the Supplier's fulfillment of all obligations to the Customer and close the Transaction. With regard to transactions on the transfer of the owner's account in the Vkontakte social network, the specified deadline for closing the transaction for the Customer is 12 (twelve) hours.
4.1.9. After the closing of the Transaction, the Guarantor transfers the funds to the Supplier within the terms specified in this Agreement.
4.1.10. With regard to specific transactions, the Guarantor has the right to reflect additional information on the transaction for the Customer through various notifications that appear directly on the Website at a specific stage of the Transaction.
5. About the financial side
5.1. Taking into account the terms of the current Agreement, the Client, after selecting a group in the social network for purchase, credits the Guarantor's account/wallet with the amount of money intended for the purchase of the group, as well as the amount of the Guarantor's remuneration. The Client independently chooses the method of transferring funds to the Guarantor from among those available on the site, including the Client has the right to transfer funds to the Guarantor using payment systems or with the help of a bank card, as well as the right to top up his balance on the Guarantor's website and conduct calculations directly from the specified balance sheet
5.2. The amount of the Guarantor's agency fee for the provision of intermediary services is 3.5% of the transaction amount (group value), but not less than $10.
5.3. Depending on the method of withdrawing funds, the Supplier additionally pays the following commissions:
5.3.1. In the case of an order by the Provider for the service of instant withdrawal of funds on Qiwi, the Guarantor withholds an additional commission of 1.8% when transferring funds to the Provider.
5.3.2. When withdrawing to Webmoney, the commission of the payment system is 0.8%.
5.3.3. When withdrawing to a card of a foreign bank, the commission of the payment system is 2% + 0.5 dollars.
5.3.4. With a manual withdrawal of funds on Qiwi - 0% (this withdrawal method is available only with a withdrawal amount of 50 dollars or more).
5.4. In the event of a change in the commissions of the payment systems themselves, the current commissions of the payment systems shall always be applied, even if a second commission is specified in the Agreement.
5.5. In the case of withdrawal by the Client or the Supplier of funds from the internal balance on the Website, which were previously replenished (deposited to the balance) by them, the Guarantor withholds an additional commission upon the return of such funds in the amount of 1.5% of the withdrawal amount.
5.6. From the moment of receipt of funds to his account/wallet, the Guarantor ensures the storage in his accounts/wallets of the sum of funds necessary for transfer to the Supplier until the conditions for payment of funds to the Supplier or conditions for their return to the Client are met.
5.7. When the Supplier fulfills the terms of payment of funds, the Guarantor undertakes to transfer the funds to the Supplier. The maximum term for processing the transfer of funds to the Supplier may not exceed 5 (five) days from the moment of the obligation to pay (without taking into account the time of actual receipt of funds to the Supplier due to delays in payment systems/banks). The Supplier independently chooses the method of transferring funds to him by the Guarantor from among those available on the site (Yandex.Money, Webmoney, Qiwi, bank card, internal balance of the website), including the Supplier has the right to receive funds from the Guarantor by crediting them to the Supplier's balance on Guarantor's website.
5.8. The guarantor undertakes to return the sum of money to the Client in the following cases:
5.8.1. The Client's refusal of the purchase-sale transaction before the moment of its acceptance. Such a refusal is allowed only in a situation where the Customer discovers deception on the part of the Supplier regarding the purchased group. In case of such a refusal, the Client pays the Guarantor a fee of 1.5% of the transaction amount (group value), but not less than 0.5 USD, which is withheld by the Guarantor when the funds are returned to the Client, and in addition to the specified amounts, the Client pays the commission of the payment system .
5.8.2. Refusal of the transaction by the Supplier. The Supplier has the right to refuse the transaction before the moment of its acceptance by the Client, regardless of the reasons. In case of such a refusal, the Client pays the Guarantor a fee of 1.5% of the transaction amount (group value), but not less than 0.5 USD, which is withheld by the Guarantor when the funds are returned to the Client, and in addition to the specified amounts, the Client pays the commission of the payment system .
5.8.3. Satisfaction by the Guarantor of the Client's claims for the return of funds within the Arbitration Dispute.
5.9. The transfer of sums of money by the Guarantor to the Supplier within the framework of the current Agreement is a direct execution of the agent's order. The money transferred to the Supplier is not recognized as the Guarantor's income according to clause 9 part 1 of Article 251 of the Tax Code.
5.10. The Supplier understands that the Guarantor is not the source of the Supplier's income, therefore in accordance with Art. 226 of the Tax Code, as well as in accordance with the explanations contained in the Letter of the Ministry of Finance dated February 24, 2016 No. 03-04-06/10104; Letter of the Ministry of Finance dated November 9, 2015 No. 03-04-05/64323 The guarantor does not act as a tax agent of the Supplier when transferring money to him, therefore the Supplier is obliged to independently report on the income received and pay tax on the amount of remuneration earned by him in accordance with the requirements of the current legislation.
6. Rights and Obligations of the Guarantor
6.1. When signing the current Agreement, the Guarantor undertakes:
6.1.1. Receive from the Client to his account/wallet the amount of money intended for transfer to the Supplier as payment for the sale of the group in social networks.
6.1.2. Ensure the storage of the required amount of funds in their accounts/wallets until they are paid to the Supplier or returned to the Client.
6.1.3. Will pay the sum of money received from the Client to the Supplier after the conditions stipulated by this Agreement and within the terms established by the Agreement.
6.1.4. Conducts arbitration of disputes between the Client and the Supplier in the event of a corresponding request from one of the Parties.
6.1.5. When conducting arbitration, make a decision on the return or refusal to return to the Client the funds received from him in whole or in part, depending on the results of the dispute consideration.
6.1.6. The amount of money received will be returned to the Client if the Supplier violates its obligations under the contract.
7. Rights and Obligations of the Client
7.1. As part of the current Agreement, the Client undertakes:
7.1.1. Credit the Guarantor's account/wallet with the amount of money intended to pay the cost of the group in the social network.
7.1.2. Independently check the characteristics of the group declared by the Supplier (presence of cheats/dogs, profitability, etc.).
7.1.3. The Guarantor's report will be accepted after the transaction is closed.
7.1.4. In the event of claims regarding the group, the Guarantor will be notified immediately before the transaction is closed.
7.1.5. In the event of an arbitral dispute, assist the Guarantor in conducting the arbitration, including providing the necessary information and documentation to conduct an inspection within the framework of an open arbitration dispute.
8. Rights and Obligations of the Supplier
8.1. As part of the current Agreement, the Supplier undertakes:
8.1.1. Fulfill the conditions of the obligation to sell the group in social networks in a timely manner and in full.
8.1.2. Will provide the Guarantor and the Client with exclusively reliable information about the sold group in social networks.
8.1.3. Do not allow the Client to be misled about the profitability of the group, do not increase the number of subscribers by tricks/dogs, etc.
8.1.4. Receive to your account/wallet the amount of money transferred by the Client to the Guarantor as payment for the cost of the Supplier's group.
8.1.5. The Guarantor's report will be accepted after the transaction is closed.
8.1.6. In the event of an arbitration dispute, assist the Guarantor in conducting the arbitration, including providing the necessary information for conducting an inspection within the framework of an open arbitration dispute.
9. Algorithm for delivery and acceptance of the Guarantor's services
9.1. At the end of the service provision, the Guarantor forms a report on the provision of services and sends it to the Client and the Supplier (each separately) via the e-mail address specified by them when filling out the application form (or going through the registration procedure, and in the event that the Client and/or the Supplier did not go through the registration procedure , then to the e-mail address additionally requested from the Client and/or Supplier) on the Website. Acceptance of the Guarantor's services is carried out separately by the Client and separately by the Supplier.
9.2. In case of disagreement with the received report of the Guarantor, the Client and the Supplier undertake within 5 (five) days from the moment of receipt of the report by e-mail to send in response written objections with justification of specific deficiencies in the services provided by the Guarantor, due to which the Client or the Supplier refuses to accept the services .
9.3. If within 5 (five) days the Client or the Supplier does not send written objections to the Guarantor, or the arguments stated by them in the objections turn out to be unfounded, the report is considered to be agreed upon by the Client and the Supplier in full, and the services in the relevant part are accepted.
10. Privatization and confidentiality of data
10.1. For the purposes of the current Agreement, the term "confidential information" includes without limitation any information directly or indirectly affecting the Parties.
10.2. This Agreement, information and documentation obtained during the implementation of the Agreement will be considered confidential, and the Parties undertake not to disclose them without the written consent of the other Party.
10.3. The Parties undertake not to disclose directly or indirectly any information about the other Party to any third party without the prior written consent of the other Party.
10.4. Confidential information may be disclosed by the Party only in cases provided by the current legislation, in particular, in the event of a request from authorized state bodies.
11. Technical support of the Client and the Supplier
11.1. In the event that the Client or the Supplier has technical or other problems related to the execution of the transaction of purchase and sale of the group in social networks, the Client or the Supplier has the right to send a request regarding the problem by e-mail to the address of the technical support service specified on the Website. In this case, the Customer's or Supplier's question will be dealt with by the responsible employee of the Guarantor's technical support service.
11.2. The Guarantor does not set any specific deadlines for resolving the Client's or Supplier's problem, however, the Guarantor undertakes to make maximum possible efforts to resolve the problem as soon as possible.
12. Legal question
12.1. This Agreement is an intermediary agreement (an agency agreement within the meaning of Article 1005 of the Civil Code) and the relevant provisions of the law apply to it.
13. Network interaction
13.1. Electronic communication between the Parties under this Agreement has legal force equal to the legal force of ordinary written communication.
13.2. The Parties have agreed that electronic document flow is used by them in relation to any requests, agreed, comments, other communications of the Parties, as well as in relation to any documents, including letters, notifications, claims, reports, additional agreements, etc.
13.3. Acceptance of the current Offer Agreement is carried out exclusively in electronic form and does not require any additional signature or consent in writing.
13.4. Documents can be sent electronically by the Parties in the following forms:
13.4.1. In the form of an electronic image of a document (an electronic copy of a document made on a paper medium), that is, a document converted into electronic form with the help of means of scanning a copy of a document made on a paper medium.
13.4.2. By accepting the form of documents by filling out application forms on the Guarantor's website.
13.5. Electronic messages and documents, in accordance with this Agreement, may be used to the full extent to confirm concluded and completed transactions, legally related Parties, including may be used as evidence in law enforcement agencies, arbitration courts, judicial bodies, when considering disputes on civil law transactions, etc., and also confirm their validity and legal force.
14.1. The Parties are responsible for improper performance or non-performance of the obligations provided for in this Agreement in accordance with current legislation.
14.2. In accordance with this contract, the Supplier is responsible to the Client for the conformity of the stated characteristics of the group with real ones, including responsibility for cheating/dogs, overestimation of the amount of income received from the group, etc. The guarantor is not responsible for the compliance of the characteristics of the group declared by the Supplier with real ones, since he is not the seller of the group, but is only an intermediary in the transaction for the sale of the group, and is only responsible for the safe procedure of transferring access to the group to the Client and for the security of payments between the Client and the Supplier.
14.3. The Client understands and agrees that the group purchased by him may not meet the Client's expectations. The Client undertakes to independently verify the conformity of the characteristics of the group declared by the Supplier to the real ones before making the transaction. In the event that the Client has claims against the group sold by the Supplier after closing the transaction on the Website, the Client undertakes to present these claims directly to the Supplier in accordance with the procedure established by the current legislation.
14.4. The Guarantor is not responsible in the event of the impossibility of providing services, or the delay in providing services due to failures in software, services, search engines, websites, etc., belonging to third parties, for whose actions the Guarantor is not responsible.
14.5. The Client and the Supplier are independently responsible for the security of their account on the Guarantor's Website, including the obligation to take all necessary and dependent measures aimed at protecting the account. The Guarantor is not responsible for the hacking of the Client's or Supplier's account on the Guarantor's Website and for the consequences of such hacking.
14.6. The parties have agreed that the Guarantor is not responsible for the security of the group purchased by the Client through the Guarantor's services after the transaction is completed.
15. Force majeure
15.1. The Parties are not responsible for the full or partial non-fulfillment of obligations under this Agreement caused by force majeure circumstances that arose beyond the control of the Parties and which cannot be foreseen or prevented, namely: earthquake, flood, other natural disasters, war, civil war, blockade, embargo, strike, adoption by state authorities of acts preventing the execution of the contract.
15.2. A certificate issued by a local authority is sufficient confirmation of the presence and duration of force majeure.
15.3. The Party that does not fulfill its obligations due to circumstances of force majeure must send a written notification to the other Party within ten calendar days about the obstacle and its influence on the fulfillment of obligations under the Agreement.
16. Arbitration of disputes between the Client and the Supplier
16.1. In the event that a dispute arises between the Client and the Supplier regarding the fulfillment of obligations within the framework of the transaction of purchase and sale of the group in the social network and this dispute cannot be settled by them through negotiations, the Client or the Supplier has the right to contact the Guarantor and open a dispute.
16.2. After opening a dispute, the Guarantor checks the Supplier's compliance with the terms of the group's purchase and sale transaction, using all possible mechanisms, including the examination of the information provided by the Client and the Supplier, examination of the correspondence between the Client and the Supplier.
16.3. When conducting an inspection, the Guarantor has the right to take measures aimed at the peaceful settlement of the dispute between the parties.
16.4. During the inspection, the Guarantor has the right to provide the Client and the Supplier with the arguments and explanations of the other party, to which the Client and the Supplier give their unconditional consent.
16.5. During the inspection, the Guarantor may request from the Client and the Supplier information regarding their execution of the purchase-sale transaction of the group in the social network, while the Client and the Supplier undertake to immediately provide information and documents upon the Guarantor's request.
16.6. Based on the results of the inspection, the Guarantor makes a decision based on the evidence obtained during the inspection and other information explained by the Client and the Supplier.
16.7. The guarantor has the right to take the position of the Client or the Supplier, depending on whether each of the parties has fulfilled the conditions of the purchase-sale transaction of the group in the social network.
16.8. Conducting arbitration by the Guarantor does not mean that the Guarantor assumes any responsibility for the results of the arbitration. In case of disagreement with the results of the arbitration conducted by the Guarantor, the Client and the Supplier have the right to resolve the dispute in accordance with the procedure provided by the current legislation, including by initiating a court dispute.
16.9. In certain situations, at its discretion, the Guarantor may partially satisfy the requirements of the Client or the Supplier and partially return/pay out the funds received from the Client.
17. Agreement amendment and termination algorithm
17.1. This Agreement can be unilaterally changed by the Guarantor at any time. At the same time, the conditions for the fulfillment of specific obligations to the Client and the Supplier, the transaction between which has already been initiated and for which the Guarantor has received payment from the Client, remain the same, with the exception of cases when the rules of the social network, in which group buying and selling is carried out, and new rules do not allow the transaction to be carried out under the same conditions.
17.2. This Agreement applies to each order of the Guarantor's services until the Parties fully fulfill their obligations under such order.
17.3. The Guarantor has the right at any time to refuse to fulfill the Guarantor's obligations in relation to a specific transaction and to return the funds for the transaction to the Client.
18. Dispute resolution algorithm
18.1. All disputes arising between the Parties are resolved through negotiations.
18.2. The parties have come to an agreement that the claim (pretrial) procedure for settling disputes arising as a result of the execution of the current Agreement is binding for them.
18.3. Claims under this Agreement may be sent by the Parties by e-mail.
18.4. The parties agreed that the deadline for responding to a claim is no more than 30 calendar days.
18.5. In the event of a legal dispute, the dispute shall be submitted for consideration to the court at the location of the Guarantor.
19. Other questions
19.1. The parties have agreed that in everything else that is not provided for in this contract, the norms of the current legislation will be applied.
19.2. This agreement contains the entire scope of the agreement between the parties regarding the subject matter of this agreement, which cancel and render invalid all other obligations or representations that may have been accepted or made by the parties in oral or written form prior to the conclusion of this agreement.
19.3. This Agreement in the form of a Contract-offer is concluded in the offer-acceptance form without signing a separate written document.