Public offer agreement for the provision of services
Social media promotion service SMMSCORE
This document is the official public offer agreement (a public offer under paragraph 2 of Article 437 of the Civil Code of the Russian Federation) of SMMSCORE, hereinafter the “Provider”, acting under its charter, addressed to any legal entity or individual willing to use the Provider's services and accept this Agreement, hereinafter the “Customer”, for social media promotion and advertising services provided through the website at app.smmscore.com.
Under paragraph 2 of Article 437 of the Civil Code of the Russian Federation, a legal entity or individual accepting the terms below and paying for the services becomes the Customer. Under paragraph 3 of Article 438, acceptance of the offer is equivalent to entering into an agreement on the terms of the offer. The Provider and Customer are jointly the Parties.
1. General provisions
1.1. Please read this public offer and the service price list carefully. If you disagree with any provision, the Provider asks you to refrain from using the services.
1.2. This public offer takes effect when published at app.smmscore.com/agreement and remains effective until withdrawn by the Provider.
1.3. Under Article 438 of the Civil Code, payment by the Customer for services provided under this Agreement constitutes unconditional acceptance of this offer and conclusion of the Agreement, unless the Parties expressly agree otherwise in writing.
1.4. By accepting this offer as described in clause 1.3, the Customer agrees to all terms as stated here and, under the Civil Code of the Russian Federation, enters into a contractual relationship with the Provider under this public offer agreement.
1.5. The Provider supplies social media promotion and advertising services (the “Services”). Their scope and prices are published at app.smmscore.com. The provision and payment procedures are set out in this Agreement.
1.6. When entering into this Agreement, the Customer understands and can control their actions and is not acting under mistake, deception, violence or threats. The Customer enters voluntarily after fully reviewing and understanding these terms. If a person accepting on behalf of a legal entity lacks the necessary authority, that individual assumes full responsibility for fulfilling this offer.
1.7. The Provider may amend or withdraw this offer at any time at its discretion. Amendments take effect upon publication at app.smmscore.com/agreement, unless another effective date is stated. The Customer acknowledges that amendments also amend the existing agreement concluded under clause 1.3, unless the Provider specifies otherwise.
1.8. The Provider may unilaterally change the price list and this offer without prior agreement with the Customer, provided the amended terms are published at app.smmscore.com/agreement.
2. Parties and definitions
2.1. Parties: the Provider and the Customer.
2.2. Provider: the person supplying social media promotion and advertising services through app.smmscore.com, and a party to this Agreement.
2.3. Customer: the person who accepts the offer and thereby becomes a customer of the Provider under this Agreement, and a party to this Agreement.
2.4. Offer agreement: the agreement between the Provider and Customer for social media promotion and advertising services, concluded by accepting the offer published at app.smmscore.com/agreement.
2.5. Acceptance: full and unconditional acceptance by carrying out the actions in clause 4.4. Acceptance establishes this Agreement.
2.6. Service: all Services supplied to the Customer through the website at app.smmscore.com.
2.7. Services: technical functions supplied through paid promotion, artificial engagement and advertising services. These include attracting followers, likes, reposts, comments and other activity to the Customer's social media accounts. The Service may unilaterally change the scope and quality of Services without prior or subsequent notice.
2.8. Website: the “smmscore” online social media promotion service at app.smmscore.com.
2.9. Price list: the Provider's current organized list of services and prices published at app.smmscore.com.
3. Subject of the Agreement
3.1. This offer covers social media promotion and advertising services supplied to the Customer under these terms and the Provider's current price list.
3.2. The list of social media promotion services at app.smmscore.com forms an integral part of this offer.
3.3. The specific Services are determined by the Customer's request and/or an invoice issued by the Provider and paid by the Customer. Upon payment, the invoice becomes an integral part of the Agreement, specifying the Services and their cost.
4. Provision and payment of services
4.1. Social media promotion, advertising and artificial engagement services are supplied in full subject to 100% advance payment. Each service has individual conditions and characteristics described in detail on its order and purchase page. By placing and paying for an order, the Customer fully agrees to those rules and descriptions.
4.2. After reviewing the price list and this offer, the Customer submits an electronic request at app.smmscore.com.
4.3. The Provider automatically issues an electronic invoice or payment receipt for the selected service based on that request.
4.4. The Customer transfers funds using any payment method through the payment gateway supplied by the Provider's partners.
4.5. This Agreement takes effect once the invoice is paid and the funds are credited.
4.6. The Provider supplies the requested Services within no more than seven business days after acceptance, unless another deadline is stated in the request.
4.7. Services are considered properly supplied in full if the Customer does not send the Provider a reasoned refusal to accept them within 24 hours of provision.
5. Refund conditions
5.1. The Provider is not responsible for third parties removing the results of its work and is not required to refund payment. Services remain considered fully completed even if third parties remove those results.
5.2. No refund is issued if an order cannot be completed because of a Customer error, such as an incorrect link or a blocked page, or because the Customer's content violates social network rules or the laws of the Russian Federation.
5.3. If the Customer supplies an incorrect link, the order is considered completed and no refund is issued.
5.4. If the Customer supplies a nonexistent link and the order is not completed, its status becomes “Cancelled” and the funds are returned to the user's account balance.
5.5. Unused funds in the Customer's balance at app.smmscore.com may be refunded only upon a request sent to specifying the payment date and time. Following identification under Federal Law No. 115-FZ of August 7, 2001, funds will be returned to the same account from which they were paid within seven business days. A fee of 15% of the refund amount is withheld to cover payment acquiring and other expenses.
5.6. Payment for a Paid Service properly supplied is nonrefundable. If a service is not supplied in full or is supplied improperly, including an account balance not being credited or a credited amount differing from the calculated payment amount, the Customer may refuse the service by email and receive full compensation or an equivalent service. Claims and refunds are processed within 15 business days.
6. Rights and obligations of the Parties
6.1. The Provider undertakes to supply the Services specified in the Customer's request and/or paid invoice. The Customer undertakes to accept and pay for them under this Agreement.
6.2. The Customer must independently review the current Agreement on the Provider's publicly accessible page at app.smmscore.com/agreement.
6.3. The Parties are liable for nonperformance or improper performance under the laws of the Russian Federation. This Agreement takes effect upon acceptance and remains effective until the Parties fulfill their obligations. Disputes and disagreements are resolved through negotiation. Complaints are reviewed within 30 days.
6.4. By registering on the website, the Customer agrees to receive informational mailings from SMMSCORE.
7. Dispute resolution
7.1. The Parties will seek to resolve disputes, disagreements and claims concerning performance, termination or invalidity of this Agreement through negotiation. A Party with a claim or disagreement sends the other Party a message explaining it.
7.2. If no response is received within 30 business days after the message is sent, or the Parties cannot reach agreement, the dispute is resolved in court at the Provider's location.
8. Limitation of liability
8.1. The Website may contain links to other resources. You acknowledge that the Website is not responsible for their availability, content or any consequences of using that content.
8.2. The Website is not responsible for personal data you provide to external resources or other third parties after following links from the Website.
8.3. The Provider does not guarantee protection from countermeasures by third parties, including social networks, against mass artificial engagement. No refund is issued in such cases.
8.4. The Provider is not responsible for possible damage to the Customer, their social media profiles or business, or losses resulting from use of the Service or its individual services, products or functions.
8.5. The Customer assumes full responsibility for the consequences of artificial engagement, including possible blocking of an account, profile or page.
8.6. If the Customer uses several promotion, artificial engagement or advertising services simultaneously, the Provider cannot guarantee the quality of the order, is not responsible for its fulfillment and does not accept quality complaints.
8.7. The legal representatives of minors are responsible for their actions, including purchases from the Website's catalog.
8.8. The Provider is not liable and does not issue refunds when failure or improper provision results from inaccurate or invalid Customer data or the Customer's failure to comply with this Agreement.
8.9. The Provider is not liable for breaches caused by force majeure or circumstances beyond its operations, including changes to social networks, government actions, fire, flood, earthquake, other natural events, power outages, computer network failures, strikes, civil unrest, disturbances or any other circumstances affecting performance and beyond the Provider's control.
8.10. If services cannot be supplied because of the Provider's fault, the Provider refunds the Customer's payment to their Website balance. No refund is issued in other cases.
8.11. The Provider may engage third parties to fulfill its obligations under this offer.
8.12. The user consents to storage, processing and transfer, including transfer to third parties, of data about their orders.
8.13. Personal data and other user information, including information provided when placing an order, are used solely to fulfill the Provider's obligations under this offer.
8.14. The Provider will not issue a partial or full refund if the user requests that execution of an order be interrupted.
9. Privacy policy
9.1. The Privacy Policy and relations between you and the Website concerning personal data processing are governed by Russian Federal Law No. 152-FZ of July 27, 2006, “On Personal Data”.
9.2. The Privacy Policy applies to personal data the Website obtains or may obtain during registration or order placement, as needed to fulfill obligations for your purchased services or products and/or your access to Website services.
9.3. The Privacy Policy is available at app.smmscore.com/privacy.
10. Final provisions
10.1. This Agreement and all resulting legal relations are governed by the laws of the Russian Federation without regard to conflict-of-law rules. Disputes are resolved under those laws. This offer is published for an indefinite period and ceases to apply upon withdrawal by the Provider.
10.2. A court finding any provision invalid or unenforceable does not invalidate the other provisions.
10.3. The Customer must independently monitor changes to this Agreement and bears responsibility for the consequences of failing to do so.
10.4. The Provider's failure to act following a Customer breach does not prevent it from taking action later to protect its interests.
10.5. The Customer confirms that they have read, understand and fully accept all provisions.
10.6. If the Customer disagrees, they must stop using APP.SMMSCORE.COM and the Provider's Services. Continued use signifies agreement to the amended offer.
NOVAPAY LLC (ОсОО «НОВАПЭЙ»)
Company address:
Kyrgyz Republic, Bishkek, Sverdlovsky district, 62 Kievskaya Street
Registration number (OGRN):
175671-3301-ООО
Tax identification number (INN):
9909710276