1. General provisions
1.1. With this Offer, Gateh (hereinafter - the "Site") proposes to enter into a contract for the provision of services (hereinafter - the "Agreement") with individuals or legal entities who have provided their Profile data for the execution and execution of this Agreement.
1.2. The Administration of the Site (hereinafter - the "Company") takes care of the correct and uninterrupted operation of the Site.
1.3. By accepting this Offer by performing the actions listed below, you (hereinafter - the "Client") enter into the Agreement, in the manner and to the extent determined by this Offer.
1.4. The client can be both a Seller and a Buyer.
1.5. When referring to the text of the Agreement, the Company and the Client are also referred to as "Parties", and each individually as a "Party". Each Party guarantees to the other Party that it has the necessary legal and legal capacity, as well as all the rights and powers necessary and sufficient to conclude and perform the Agreement in accordance with its terms.
2. Terms and definitions
2.1. The offer is a real offer posted on the Internet at the address: https://gatex.top/public-offer, sent exclusively to the person who has provided his/her Profile data and contains all the essential terms of the Agreement.
2.2. The term of acceptance is the term during which the Client must perform all necessary actions for acceptance of the Offer.
2.3. Essential terms of the contract - all the terms set forth in this Offer, as well as the name of the Services chosen by the Client and the terms of their provision.
2.4. Network The Internet is a worldwide global computer network of general access.
2.5. Internet resource – a set of integrated hardware and software tools and information intended for publication on the Internet and displayed in certain text, graphic or sound forms. The Internet resource is available to Internet users using a domain name and (Uniform Resource Locator) - a unique email address that allows access to information and software and hardware or through a corresponding mobile application.
2.6. The printed edition is an information publication on a paper medium.
2.7. Information materials - any text, graphics, audio, video and mixed materials of an informational nature.
2.8. Placement of informational materials - technical placement by the Company of the Client's Informational materials on Internet resources and in the Company's printed editions.
2.9. Services - the Company's services for posting the Client's information materials or other services to the Client in accordance with the terms of the Agreement.
2.10. Media parameters - conditions for placing informational materials, including: the text of the informational material, dates of publication (screenings), necessary graphic images.
2.11. Registration data – identification data of the Client intended for the Client's access to the Personal account. Registration data consists of: login (the Client's e-mail is used as a login), phone number and password.
2.12. The Client's questionnaire data – the Client's data about himself, which he fills in using the User Interface of the Company's Internet resource.
2.13. Personal account on the Company's Internet resource (hereinafter - "Personal account") - an access interface for managing placements of the Client's Informational Materials, other services, their payment, performing other actions with Informational Materials. Login is carried out using the Client's Registration Data.
2.14. Secure agreement is a separate Service of the Company, which is required to protect the Client from fraudsters. The essence of this service is as follows: the Buyer pays the full price of the selected product not to the Seller, but to the Company (by topping up his Personal account) and waits for the Seller to send the product. Only after a complete inspection (test) of the goods, the Buyer can close this Agreement, and then the Company will transfer to the Seller's personal account the amount previously debited from the Buyer minus 5% of this amount (the Company's commission). If the Buyer is not satisfied with the product, then a dispute is opened and the Arbiter resolves this situation individually. Similarly, with the Seller, he can at any time stop this Agreement and then the Arbitrator will solve the financial problem of this Agreement. In any case, this Service works very effectively against fraudsters and scammers.
2.15. An arbitrator is an employee of the Company who resolves disputed issues that have arisen between the Parties in the process of the Security Agreement. Based on the information provided by both Parties and the collected facts, he makes a final decision and thereby closes the transaction. According to the Arbitrator's decision, the guilty Party may be fined and must compensate the other Party that participated in the Agreement.
2.16. Personal account - analytical accounting account, intended for accounting of the Client's settlements with the Company or accounting of the Client's settlements with another Client (applies to Secured Agreements) and reflecting all financial transactions with a certain Party.
2.17. Balance of the Personal Account – the difference between the amount of the Client's advance payments and the amount of funds withheld for the Company's Services, as well as the amount of funds that participated in Secured Agreements. Information about the Balance of the Personal Account is displayed in the Personal Cabinet.
2.18. Replenishment of the Personal Account - making an advance payment by the Client to pay for future Company Services under this contract or for the implementation of Secure Agreements.
2.19. Expenditure of funds from the Personal Account – expenditure of funds from the Client's Personal Account for payment by the Client of the Company's Services, or for the purchase of goods using Secure Agreements, as well as payment of fines for violating the rules of the Secure Agreement (paragraphs 2.14-2).
2.20. Movement on the Personal account - Change in the balance of the personal account, both in the positive direction (Replenishment of the personal account) and in the negative direction (Expenditure of funds from the Personal account).
2.21. The order is the Client's proposal addressed to the Company to provide him with services for posting information materials within the framework of this Agreement, specifying all media parameters necessary for this posting. The order is submitted by the Client through the Personal account.
2.22. Order item - a component of the Order, which is the Client's offer, addressed to the Company to provide him with one specific type of Service, specifying all the Media parameters necessary to provide this Service.
2.23. FOP (FOP) – a natural person engaged in entrepreneurial activity.
2.24. Terms not defined in this section may be used in the Offer. In this case, the interpretation of such a term is carried out in accordance with the text of the Offer. In the absence of an unambiguous interpretation of the term in the text of the Offer, the interpretation of the term should be guided: first of all - defined on the Company's Internet resource, secondly - the interpretation that has traditionally developed.
3. Procedure for acceptance of the Offer
3.1. The Client concludes the Contract with the Company by accepting this Offer by sequentially performing the following actions:
3.1.1. Filling out the Client's questionnaire data and sending this information to the Company using the Registration Form and adding these data in the Client's Personal Cabinet.
3.1.2. Depositing funds in the form of an advance payment to the Company's current account in accordance with the procedure specified in this Agreement.
3.1.3. Selection of a certain service and the period of its provision using the Personal Cabinet.
3.1.4. Transfer of money from your Personal Account using the Personal Cabinet to pay for the ordered items in accordance with Clause 3.1.3.
3.2. Refunds to the Client from his current Personal Account Balance to the card specified in the Personal Account are made within 7 (seven) business days from the moment of specifying the correct refund amount and clicking the Withdraw funds button. Be careful, because the bank transfer fee will be deducted from the refund amount. If the amount is large, the refund can be divided into several payments.
3.3. A mandatory condition for the Company to provide services in accordance with the Agreement is the acceptance, compliance and application to the relations of the Parties of the requirements and regulations (hereinafter referred to as "Regulations") defined by the following document: "Publication Rules", posted on the Internet at the address: https: / /gatex.top/rules
3.4. The company has the right to unilaterally change the conditions, rules and prices for posting information materials (see clause 3.3). With this change, the Company is obliged to notify the Clients no later than 3 (three) calendar days by placing a banner on the main page of the Site with a notice of this change, the term and nature of the change in the Offer or the Publication Rules.
3.5. The Company starts providing services after acceptance of the Offer in accordance with the provisions of Section 3.
4. Subject of the contract
4.1. The subject of this Agreement is the provision of Services by the Company under the terms of the Offer.
5. Rights and obligations of the parties
5.1. The company undertakes:
5.1.1. Post the Client's informational materials that meet the requirements of this Agreement and Regulations.
5.1.2. To ensure the confidentiality of the Client's data within the limits established by law.
5.1.3. Provide Services in accordance with the declared characteristics.
5.2. The client undertakes:
5.2.1. Timely and in full to pay for the Services provided by the Company in accordance with this Agreement.
5.2.2. To provide information materials that meet the requirements of this Agreement, Regulations and current legislation (including the law on advertising) for placement on the Company's Internet resources and printed publications.
5.2.3. Comply with the Regulations.
5.2.4. Independently familiarize yourself with the rules of operation of the Company's Internet resource, with new changes to the Agreement and Regulations.
5.2.5. To guarantee the Company the availability of all informational materials and documents necessary for publication, their compliance with the requirements stipulated by the current legislation, as well as the readiness to provide the specified documents at the first request of the Company.
5.2.6. Fully and independently dispose of your Personal Account Balance and withdraw funds to a bank card at least once a day.
5.3. The company has the right:
5.3.1. Demand from the Client timely and full payment for the provision of Services.
5.3.2. Unilaterally terminate the provision of Services or refuse to perform this Agreement.
5.3.3. Do not post the Client's Information Materials, the content of which contradicts Clause 5.2.2 of this Agreement.
5.3.4. Edit the Client's Information Materials (without distorting the information) so that they meet the terms of this Agreement and Regulations.
5.3.5. To permanently block the account of the Client who grossly or systematically violates the clauses of this Agreement or Regulations.
5.3.6. Delete the account of the Client who has not accessed his Personal account for more than one year.
5.3.7. Send messages to the Client and messages to the Personal account.
5.3.8. Send informational letters on behalf of the Company to the Client at the specified e-mail address.
6. Calculation procedure and cost of Services
6.1. Services are provided to the Client on the condition of prior payment for the Services. The Client makes an advance payment in the amount of 100% (One hundred percent) of the total cost of the services ordered on the basis of the invoice issued by the Company to the Client for payment (hereinafter - the "Invoice").
6.2. Payment for the Company's Services is carried out by transferring funds in a currency convenient for the Client, using any of the methods specified in the Personal Account.
6.3. The Client and the Company confirm and accept the following: Any actions under this Agreement, including, but not limited to: Transactions on the Client's Personal Account, placing an Order, purchasing Services, etc., committed by any individual through the Personal Account of the Client, are considered on behalf and at the expense of the Client, through the Client's Representative authorized by the Client for such actions. The Authorized Representative of the Client is any natural person who performs actions through the Client's Personal Account, regardless of which Profile data about himself or herself this person or the Client specified during registration. The Client independently and at his discretion grants the rights of the Client's Representative to the relevant individuals and provides the information (login and password) necessary for access to the Personal Account, and bears full responsibility for this.
6.4. For all actions performed by the above-mentioned natural person (Client's Representative) through the Personal Account, rights and obligations arise between the Parties to the Agreement: between the Company and the Client, through whose Personal Account such actions were performed. All documents and notices within the framework of the rights and obligations arising under this Agreement are drawn up by the Company for the Client and sent to the Client's details specified in his Personal Account.
6.5. The Company bears no responsibility either to the Client or to third parties for actions taken by the above-mentioned natural person (the Client's Representative) through the Client's Personal Account, the Company cannot and should not in any way comment, regulate or monitor such actions. The Client bears full responsibility for all actions taken by the Client's Representative through the Client's Personal Account and is fully responsible for such actions to the Company and any third parties.
6.6. When making a payment (another operation with funds) for the purpose of Personal Account Movement, the Client's Representative realizes and accepts that he is making it as a Client's Representative - a legal entity or sole trader. Any transfers of funds in connection with the Personal account are considered perfected on behalf and on behalf of the Client, from whose Personal account the Representative proceeds to the payment. The claim for the return of the funds transferred by the Client's Representative for the Client can only be made by the Client within the limits of this Offer.
6.7. The Customer's Representative cannot be specified in the Customer's account. It is a separate person and therefore a separate account.
6.8. The choice and use of the method/form of payment for the Services is carried out by the Client at his own discretion and without the foreseen responsibility of the Company. Security, confidentiality, as well as other conditions for using the method/form of payment chosen by the Client go beyond the scope of the Agreement and are regulated by agreements between the Client and relevant organizations.
6.9. The cost of the services provided by the Company under the Agreement is determined according to the selected type of work:
Placing and promoting an ad,
safe deal,
Online store.
6.10. Taxes are already included in the price of all Services.
6.11. The Client is obliged to keep original documents confirming payment for the Services provided by the Company for three years from the moment of payment.
6.12. Services are provided only with a positive balance on the Client's Personal account. From the moment of creation of a zero Balance on the Client's Personal Account, the provision of Services is terminated and can be resumed only after replenishing the Personal Account in accordance with the terms of the Agreement.
6.13. The Client independently monitors the change in the details of the Company specified in this Agreement and is responsible for the correctness of the payments he makes.
6.14. The Company uses its technical means to monitor the Client's consumption of the Services provided, the status of the Client's Personal account, takes into account the scope of mutual rights and obligations for the services and their total amount.
6.15. The Client's payment obligation is considered fulfilled from the moment the Company receives the entire payment amount to the Company's current account.
7. Procedure for ordering services
7.1. All Services under this contract are processed by the Client as part of the Orders, using only the Personal account for this purpose.
7.2. Funds are debited from the Client's Personal Account upon the provision of Services.
7.3. Before publishing (showing), the Company reserves the right to check the provided Information Materials for compliance with the requirements specified in this Agreement and Regulations. If the provided Information materials do not meet the terms of this Agreement and Regulations, the Company may refuse the Client to display (publish) these materials.
7.4. Media parameters are determined by the Client using the Personal account within the terms, the range of which is formed by the Company.
7.5. The Client may cancel the display (publication) of the Information Materials included in the Order before payment of this Order.
8. Details of the Client and the Company
8.1. The Client confirms that the Client's Questionnaire and Registration data were filled in correctly and gives his consent to the processing of all his personal data.
8.2. The parties have agreed that the Customer's questionnaire and registration data are data that the Company uses to fulfill its obligations under this Agreement.
9. Document circulation
9.1. For the purposes of this Agreement, expressed in the Offer, the parties consider it necessary and sufficient to exchange documents via e-mail or Personal account, unless otherwise stipulated by the terms of the Agreement.
9.2. Without contradicting the terms of the Offer, the Client and the Company have the right at any time to draw up the Agreement in the form of a written bilateral document.
10. Terms of confidentiality of mutual relations of the parties
10.1. The Company undertakes to maintain the confidentiality of the Client's personal data, as well as other information about the Client, which became known to the Company in connection with the use of the Personal Account by the Client, except for cases when such information:
10.1.1. It is publicly available;
10.1.2. Opened at the request or with the permission of the Client;
10.1.3. To be provided to the Company's counterparties in the amount necessary for the performance of the Agreement;
10.1.4.Requires disclosure on the grounds provided for by law;
10.1.5. In other cases stipulated by the Agreement.
11. Liability of the parties
11.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and current legislation.
11.2. The client is responsible for the quality and content of the Information materials provided to him, for their authenticity, purity from claims of third parties, and legality of their distribution. In the event that claims are presented to the Company by third parties (including, but not limited to, state authorities) regarding the Information Materials posted within the framework of this Agreement, the Client undertakes to settle such claims independently and at its own expense, and in the event of in connection with the above-mentioned claims to the Company for losses, to reimburse them to the Company in full.
11.3. In case of violation by the Client of clauses 5.2.2, 5.2.3. and 11.2 of the Agreement, including in cases where such violations caused the Company to receive complaints from users of the Site about Information materials placed by the Client on the Site, the Company removes such Information materials of the Client from placement and/or stops providing other Services regarding such Information materials. At the same time, the difference between the funds paid by the Client for the relevant Services and the cost of the Services received by the Client at the time of the removal of Information Materials from the posting and/or termination of the provision of other Services shall not be returned to the Client and is a penalty for the Client's failure to fulfill the obligations assumed by him in accordance with this Agreement .
11.4. The Company is not responsible to third parties for the content of the information used in the Information Materials posted by the Client, as well as for property, moral or any other damages caused as a result of the use of the specified information by third parties.
11.5. The Company is not responsible under the Agreement for:
11.5.1. Any indirect damages and/or lost profits of the Client and/or third parties, regardless of whether the Company could foresee the possibility of such damages or not;
11.5.2. Use (impossibility of use) and any consequences of use (impossibility of use) by the Client of the chosen form of payment for Services under the Agreement.
11.6. In the event of errors in the content of the Information Materials of the Order, which occurred due to the fault of the Company, the latter shall re-display (publications) in the amount equal to the number of displays (publications) that came out with errors, while eliminating the distortions made.
11.7. In the event of failures that occurred on the Company's Internet resource, as a result of which no displays (publications) of the Order Information Materials were made, the Company carries out repeated displays (publications) in the amount equal to the number of non-performed displays and within the terms agreed with the Client.
11.8. The Company is not responsible for failures of the Internet resource, which did not cause the absence of displays (publications) of the Client's Information Materials for already paid Orders.
11.9. Claims regarding displays (publications) of Informational material are accepted within 5 working days from the day of the first display (publication) of this Informational material. If no claims are received by the Company within the specified time, the works are considered accepted by the Client and further claims are not accepted.
11.10. The parties have agreed that in the event of the Client's rejection of the executed and paid Order (in full or in part), the difference in value between the paid Order and the services received by the Client at the time of such rejection is not returned to the Client and is a reimbursement to the Company of costs, as a consequence of non-use, which the Company was ready to provide
12. Validity period and change of the terms of the offer
12.1. The Offer is considered published from the moment it is published on the Internet at {url}public-offer and is valid until the Company withdraws the Offer.
12.2. The Company reserves the right to make changes to the terms of the Offer, as well as to the Regulations (see clause 3.4) and/or withdraw the Offer at any time at its discretion. In the event that the Company makes changes to the Offer, such changes shall take effect from the moment of publication, unless another effective date is additionally determined upon their publication.
13. Term of validity, change and termination of the contract
13.1. This Agreement enters into force from the moment the Client takes the actions specified in section 3 of the Offer and is valid until the end of the current calendar year. In the future, the Agreement is automatically extended for subsequent periods of 1 (one) calendar year. The number of such extensions is not limited.
13.2. The parties have the right to terminate this Agreement under the conditions stipulated by current legislation, as well as to unilaterally refuse its implementation. The parties have agreed that a unilateral refusal will take effect after 10 (ten) days after receiving the specified notification, and the Agreement will be considered terminated.
13.3. In case of refusal to perform the Agreement at the initiative of the Company, it sends the Client (in accordance with clause 9.1) an appropriate notification.
13.4. The Client shall notify the Company of the termination of the Agreement by sending such notice by registered letter with a notice of delivery and a description of the attachment. The message is signed and sent by the person whose Profile data is specified during registration in the Personal Account.
13.5. Regardless of the method of making advance payments by the Client, the refund of monetary advance payments is carried out as follows:
13.5.1. For legal entities and business owners: by transferring funds to the Client's current account.
13.5.2. For natural persons: by transferring funds to the Client's current account under the mandatory condition of complete coincidence of the person to whose name the money is transferred with the person indicated as the Client in the Profile data in the Personal Cabinet. If there are reasonable doubts about the identity of these persons, refunds will not be made.
13.6. During the return of unspent advance payments for the Company's Services, 25% of interest from the amount of the return is deducted from the Client as a penalty for early termination of the Agreement.
14. Special terms of the Agreement
14.1. The Client has no right to assign or in any other way transfer his rights under this Agreement to a third party without the prior written consent of the Company.
14.2. The Company has the right, at its discretion, without the consent of the Client, to assign or in any other way transfer its rights under this Agreement to third parties, by sending the Client a corresponding message by e-mail within 10 (ten) working days from the date of such assignment or another transfers
14.3. The Client bears full responsibility for the preservation of his Registration and Questionnaire data and for damages that may arise due to unauthorized use of his Registration data and/or access channel.
14.4. In the event that one or more provisions of the Offer are for any reason invalid, which do not have legal force, such invalidity does not affect the validity of any other provision of the Offer (Agreement), which remain valid.
15. Applicable law and dispute resolution procedure
15.1. The relations of the Parties under this Agreement are governed by the norms of current legislation and international law.
15.2. All disputes and disagreements arising during the execution of this Agreement shall be resolved by the Parties through mutual negotiations and consultations.
15.3. All unresolved disputes and disagreements shall be submitted to the court at the location of the Company for resolution.
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