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.

2.4.2. Careful reading and agreement of the Client with the terms of the Privacy Policy of the Service.

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. 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 accesses the Supplier’s group account and conducts all necessary checks at the request of the Buyer.

4.1.7. After payment, the Client receives access to the social media account from the Guarantor and, if necessary, performs any additional actions required to link the account to themselves.

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.

4.1.11. The Guarantor reserves the right to modify the procedure of the transaction according to the situation and is obligated to inform the parties involved in the transaction of any changes to the above procedures.

5. About the financial side

5.1. Considering the conditions of the current Agreement, the Client, after selecting a group on the social network for purchase, deposits the amount intended for the purchase of the group, as well as the Guarantor’s fee, into the Supplier’s account/wallet. The Client independently chooses the method of transferring funds from the available options, including the right to transfer funds to the Guarantor using payment systems or a bank card.

5.2. The amount of the Guarantor’s agent fee for providing intermediary services is 4% of the transaction amount (group/page value), but not less than $5.

5.3. Depending on the varying situations during the transaction, the Guarantor reserves the right to adjust the commission amount based on the exchange rate of a particular currency, as well as according to additional fees of a specific platform when transferring funds from one payment system to another, or when the payment rules of a particular platform change.

5.4. At the same time, the Seller’s payment cannot be lower than the stated amount, and the Guarantor’s commission cannot be less than the amount calculated according to the platform’s rules.

5.5. All additional operations and expenses related to additional fees are paid by the Buyer and are discussed in advance in the transaction chat between the Seller, the Guarantor, and the Buyer.

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.

6.1.7. The guarantor reserves the right to withhold funds and/or the transfer of an account, group, or channel until the product’s compliance with the description is fully verified and the transfer operation is agreed upon by all parties involved in the transaction. The withholding and verification period may range from 1 to 24 hours, until all parties confirm the accuracy and relevance of all aspects of the operation concerning the transfer of funds and/or the account, group, or channel.

7. Rights and Obligations of the Client

7.1. Under the current Agreement, the Client undertakes to:

7.1.1. Deposit the funds intended for the payment of the social media group into the specified account/wallet.

7.1.2. Independently verify the group’s characteristics as stated by the Provider (e.g., presence of bots/inactive accounts, reach, profitability, etc.).

7.1.3. In the event of any claims regarding the group, immediately notify the Guarantor before the transaction is finalized.

8. Rights and Obligations of the Supplier

8.1. Under the current Agreement, the Supplier undertakes to:

8.1.1. Timely and fully fulfill the obligations related to the sale of the group/page on social networks.

8.1.2. Provide the Guarantor and the Client with only accurate information about the group being sold on social networks.

8.1.3. Avoid misleading the Client regarding the profitability of the group and not inflate the number of subscribers through bots/inactive accounts, etc.

8.1.4. Receive the amount of funds transferred by the Client as payment for the Supplier’s group into their account/wallet.

9. Algorithm for delivery and acceptance of the Guarantor's services

9.1. As a result of the services provided, the Client and the Supplier confirm the completion of the Guarantor’s work in full and waive any claims against the Guarantor.

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 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. Liability

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.

14.7. In the event of the account, channel, or group being blocked by the respective social network due to illegal actions, spam, fraud, or other activities that violate the rules of the platform to which the account belongs, neither the seller nor the guarantor bears any responsibility 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. Agreement amendment and termination algorithm

16.1. 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.

16.2. This Agreement applies to each order of the Guarantor's services until the Parties fully fulfill their obligations under such order.

17. Dispute resolution algorithm

17.1. All disputes arising between the Parties are resolved through negotiations.

17.2. 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.

17.3. Claims under this Agreement may be sent by the Parties by e-mail.

17.4. The parties agreed that the deadline for responding to a claim is no more than 30 calendar days.

17.5. In the event of a legal dispute, the dispute shall be submitted for consideration to the court at the location of the Guarantor.

18. Other questions

18.1. 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.

18.2. 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.

18.3. This Agreement in the form of a Contract-offer is concluded in the offer-acceptance form without signing a separate written document.