1. General Provisions
1.1. This public offer (hereinafter, the offer / Offer) is an official proposal of the Administration, to render the Services to the unlimited number of legally competent individuals who accepted this offer (hereinafter, User / Advertiser) individually referred to as the Party, and collectively the Parties, on the terms and conditions that follow.
1.2. Pursuant to point 2, article 437 of the Civil Code of the Russian Federation, this document is a public offer, and if accepting the Offeror's terms and conditions below, an individual that has accepted this offer becomes a User / Advertiser. Pursuant to point 3, article 438 of the Civil Code of the Russian Federation, the offer acceptance is equivalent to concluding the contract on the terms and conditions stated in the Offer. The provisions of this offer are accepted by the Parties unconditionally.
1.3. The Services may not be rendered to a User / Advertiser unless this offer is accepted.
1.4. The Administration and a User / Advertiser acknowledge and mutually warrant their right and legal capability as required to execute and perform this agreement.
1.5. The contract is concluded in the form of the public offer, does not require bilateral signing and is valid in the electronic form.
2. Terms and Definitions
2.1. For the purpose of this Offer, the terms stated below have the following meanings:
Public Offer (Offer) means the offer to enter into the Contract on the terms defined herein with every individual, who commits actions deemed to be the offer acceptance (the acceptance of the offer to conclude the Contract).
Offer Acceptance means a User and / or Advertiser creating the account in the Web-Service website.
The Contract means an agreement that defines the set of legal relations of the Parties underlying rights and obligations of the Parties arising out of the Offer acceptance.
The Web-Service means the Internet resource available at https://surfe.be and https://surfe.pro and owned by the Administration, through which Services are rendered to Users and Advertisers. The Web-Service is a set of software tools, including web-sites specified above, respective mobile application and browser extension, through which the Administration demonstrates the content placed by the Advertisers to Users. If required, and at the Advertiser's discretion, the Content may be demonstrated in the other web-sites of the Administration partners.
Services mean the intermediary information services rendered by the Administration to the Parties that consist in allowing an Advertiser to place Content in the Web-Service and in introducing this Advertiser-owned Content to Users in the Administration's Web-Service.
User means a legally competent individual, who has accepted the Offer on the terms and conditions stated therein and wishes to use or is already using the Administration Services.
Advertiser means a User, who has placed the Content through the Administration's Web-Service.
Content means information materials, including, but not limited to, graphics and / or audio, and / or text, and / or video and / or other data placed by the Advertiser through the Web-Service and demonstrated by the Administration to Users.
My Account means an area of the Web-Service that is available to authorized Users and / or Advertisers and enables to manage the account, place Content, choose the scope of provided Services, view Content demonstration statistics, pay for the provided Services (deposit cash to the Advertiser's account), get remuneration (through cash transfer from the User's account to the digital wallet).
Advertisement Account means the account available to an Advertiser in My Account area that shows the amount of advance payments made for the Administration Services and spent on the Content demonstration by the Administration.
User Account means the account available to a User in My Account area that shows the amount of cash accrued to the User by the Administration for respective views of the Advertiser's Content. Such cash is to be paid by the Administration by means of transfer to the User's digital wallet.
Assignment means the Content of a certain type featuring the parameters chosen by the Advertiser in My Account area for demonstration in the Web-Service.
Assignment Account means the account available to an Advertiser in My Account area that shows the amount of advance payments made for the Administration Services and spent on the demonstration of a certain Assignment.
Other terms and definitions may be used in this Offer. In this case, such terms and definitions are interpreted as the context requires.
3. Subject Matter of the Offer
3.1. Pursuant to this offer, the Administration undertakes, according the Advertiser's Assignment, to provide to the Advertiser the Services of demonstrating the Content to the unlimited number of Users, while the Advertiser shall accept and pay for these services. When a User views the demonstrated Content in accordance with the conditions defined by the Offer, the Administration pays the respective remuneration to the User.
3.2. Users are given an opportunity, at their own discretion and at their risk, to use the Web-Service as a possible tool of profit making through viewing the Advertiser's Content placed in the Administration's Web-Service.
3.3. Advertisers are given an opportunity, for a fee, at their own discretion and at their risk, to place the Content in the Web-Service in order to demonstrate the Content in the Administration Web-Service to an unlimited number of users.
3.4. Users get access to viewing the Content in the Web-Service after signup / authorization.
3.5. A User and / or Advertiser signing up and creating an account in the Web-Service means that the latter unconditionally accept and follow all clauses of this offer (Offer Acceptance).
4.1. To use the Services within functionality, a User:
4.1.1. Signs up by creating the account and specifying the chosen login, valid email address and account password.
4.1.2. Logs in the Web-Service with the specified login and password.
4.1.3. Installs the web-browser extension and / or mobile application to access the Web-Service and view the Content.
4.1.4. After the User has viewed the Content in the Web-Service, the Administration accrues cash (remuneration) to the User in the User Account.
4.1.5. The cash from the User Account is paid to the electronic payment systems (hereinafter, EPS) (digital wallets) available to the User in My Account area, including, but not limited to, Payeer, FaucetPay, Webmoney, Qiwi, YooMoney. The User is entitled to receive the remuneration as stated above or transfer the cash to the Advertisement Account in order to place the Content in the Web-Service later. The User shall bear all charges associated with cash transfer to the User.
4.2. To use the Services within functionality, an Advertiser:
4.2.1. Makes actions listed in points 4.1.1, 4.1.2.
4.2.2. Pays for the Services making advance payments to deposit cash in the Advertisement Account. The Advertiser also has the right to deposit cash in the Advertisement Account from the digital wallets, including, but not limited to, Payeer, Webmoney, Qiwi, YooMoney.
4.2.3. Creates Assignments in My Account area by choosing the required type of Content followed by the Content upload. For the Administration to launch demonstration of the Assignment (Content), the Advertiser shall transfer cash from the Advertisement Account to the Assignment Account. Information of the tariffs for the rendered Services is shown in My Account area in the Assignment page.
4.2.4. The Service is considered to be properly rendered by the Administration and accepted by the Advertiser upon demonstrating the Content of the respective Assignment in the Web-Service. The Parties agree that this action is equivalent to signing the service acceptance report in hard copy and is legally binding.
4.2.5. The collected statistics of Content demonstration is available to the Advertiser in My Account area. Statistics may be deleted from the Web-Service server at the Administration discretion, if the storage is filled up, but not earlier than in 6 months.
4.3. The Parties acknowledge that in order to confirm the list and cost of the Services provided, as well as for the purposes of settlements between the Parties, only the Statistics of the Service are used.
4.4. The cost of the Services of placing the Advertiser's Content in the Web-Service is not fixed and may be unilaterally changed by the Administration.
5. Obligations of the Parties
5.1. The Administration is obliged:
5.1.1. To properly render the Services to Users and Advertisers on the terms and conditions hereof.
5.1.2. To provide required assistance and feedback to Users and Advertisers.
5.1.3. To enable Users and Advertisers access to the Content demonstration statistics in My Account area.
5.1.4. Without consent of the User and Advertiser, not to disclose the information obtained from them to third parties, and to keep such information confidential.
5.1.5. To keep the User personal data, if any, confidential. See details on gathering, using and disclosing the User's personal information in the Personal Data Policy. The Administration is not held liable in case of unauthorized access of third parties to the User account.
5.2. In addition to the obligations listed in section 5.3 applicable to Advertisers as well, the Advertiser is also obliged:
5.2.1. To provide the Content to be demonstrated to Users by the Administration, whether owned or otherwise held by the Advertiser in the way such right of possession is defined by the existing legislation of the Russian Federation (hereinafter, RF), and meeting the requirements of section 10 hereof.
5.2.2. Not to repeat, copy, or misuse the Web-Service elements.
5.2.3. Upon the Administration's request, within three days to submit the written confirmation of the rights for the placed Content in the format defined in the request at the Administration discretion. By accepting the Offer, the Advertiser represents and warrants non-infringement of third-party / copyright holder rights when placing the Content. If the Advertiser violates this requirement to confirm the rights for the placed Content, the Administration has the right to suspend the Services.
5.2.4. To completely order the Services at their own discretion against the pre-payments transferred to the Advertisement Account / Assignment Account. If the Advertiser fails to use the Advertisement Account funds to generate the Assignment, the Administration shall not return these funds.
5.2.5. If the Advertiser's willful acts (including wrongful acts) result in the Administration rendering the Services for the amount in excess of the amount of cash in the Advertisement Account, the Advertiser shall pay the cost of actually rendered Services in full amount.
5.3. The User is obliged:
5.3.1. To specify the reliable information when signing up in the Web-Service.
5.3.2. To regularly review the contents of this Offer published in the Web-Service.
5.3.3. Not to repeat, copy, or misuse the Web-Service elements.
5.3.4. To be personally responsible for security and safety of their account registered in the Web-Service through use of all available safety products designed to protect personal data and computer against the malicious software.
5.3.5. Not to distribute the information that can harm the Administration. This includes the information that discredits business reputation of the Administration, results in or can result in damages and / or loss of profit by the Administration. If the User distributes such information, the User shall be held liable to the Administration for the damages incurred through distribution of such information, including the lost profit.
5.3.6. While using the Web-Service, not to use any automation tools that, whether directly or indirectly, increase the amount of the remuneration for viewing the Advertisers' Content placed in the Web-Service, and under no circumstances to hinder the User identification system in order to bypass the restrictions by deliberately distorting the identification data (including, but not limited to, change of IP address, deleting and/or modifying cookies and/or use of multiple web-browsers and/or change of User-Agent etc., except for the cases agreed with the Web-Service Administration.
5.3.7. Not to create and not to use more than one Web-Service account, except for the cases agreed with the Web-Service Administration.
5.3.8. To fulfill other obligations stated herein.
6. Rights of the Parties
6.1. The Administration has the right:
6.1.1. At its own discretion, to suspend or terminate its obligations under the Contract, should a User / Advertiser violate the terms and conditions of the Offer.
6.1.2. At any time and without explaining the reasons, to lock or permanently delete the Web-Service account of the User / Advertiser.
6.1.3. To demonstrate Advertiser's Content to Users, provided the Advertiser has fulfilled all obligations undertaken pursuant to this Offer.
6.1.4. To place any Content in its Web-Service that is not in contradiction with the statutory regulations of the Russian Federation.
6.1.5. To delete from its servers any Content, which, in the Administration's opinion, is unacceptable, inappropriate or violates the requirements stated in section 10 hereof, as well as abandoned Content (that is, the Assignment deleted by the Advertiser in My Account area).
6.1.6. Without any notice to the Advertiser, to change the options of the Assignment configurator available to the Advertiser when creating the Assignment.
6.1.7. To demand that the Advertiser pays for the Services rendered hereunder in full and in due time.
6.1.8. To unilaterally amend the Offer terms and conditions notifying Users thereof through placing the information in My Account area or in the web-site.
6.1.9. To change the Web-Service contents and functionality at its own discretion, including, but not limited to, the amount of remuneration due to Users and/or cost of the Services to be rendered to Advertisers.
6.1.10. Without prior notice, to suspend the Web-Service operation at any time for the purpose of Web-Service update, maintenance, in case of malfunction, third party acts and / or omission and / or for other reasons beyond the Administration control.
6.1.11. Without any notice, to delete User / Advertiser account, if the latter has not used the Services of the Web-Service for more than 60 calendar days.
6.1.12. To refuse to render the Services at its own discretion without explaining the reasons.
6.2. The User has the right:
6.2.1. To access the Web-Service at any time, except for the maintenance time and in case of malfunctions caused by third-party actions beyond the Administration's control pursuant to point 6.1.10 of the Offer above.
6.2.2. To inquire the Administration on proper organization and management of the Services provision, other information dealing with their rights and legal interests.
6.2.3. To use the Web-Service within its functionality and on the terms and conditions established by this Offer.
6.2.4. To refuse the Services at any time and at their own discretion.
6.2.5. To choose and decide at their own discretion, whether they wish to be engaged in viewing the Advertisers' Content.
6.3. When fulfilling their obligations, either Party to this Offer shall act in good faith, respect rights and legal interests of the other Party, inter alia, after the Contract termination.
7. Dispute Resolution
7.1. All and any disputes, disagreements and claims that can arise out of performing, amending, canceling or terminating this Contract / Offer shall be settled by the Parties by means of negotiations. The Party that initiates the disagreement shall send the claim to the other Party.
7.2. The claim shall be sent by the User from the authorized email address specified by the User when signing up in the Web-Service to the email address of the Administration [email protected], duplicated in writing, and sent by registered mail, return receipt requested with the list of enclosures, to the mailbox of the Administration – Moscow Region, Lyubertsy, 140002 P. O. Box No. 140 in compliance with article 165.1 of the Civil Code of the Russian Federation. The claim shall contain the essence of the demand, and the evidence confirming the demand.
7.3. The Party that received the claim original in hard copy shall provide the written response to the claim to the respective party within 15 (fifteen) business days since the time it was received.
7.4. If the written response to the respective claim is not sent within 15 (fifteen) business days and / or the Parties fail to come to the agreement on the arisen claims and / or disagreements, such dispute shall be submitted to the jurisdiction of the Commercial Court of Moscow.
8. Liability of the Parties
8.1. Users / Advertisers are solely responsible for their actions / omission when using the Web-Service.
8.2. A User / Advertiser understands and agrees that they shall independently assess all risks related with use of the Content placed in the Web-Service, including assessment of its reliability and / or completeness and / or benefits.
8.3. The Administration is held liable only for the willful actions.
8.4. The Administration is not held liable:
- for usability and value of the information obtained by the User while rendering the Services;
- for details of the Content demonstrated by Advertisers, including Advertiser's non-infringement when using its own and third-party trademarks, logos, and other intellectual property. The Administration does not verify contents, authenticity and security of these materials or their components, their compliance with the requirements of the applicable law, as well as the Advertisers having the required scope of rights for its use in compliance with the legislation of the Russian Federation;
- for any indirect, accidental, incidental damage incurred to Users and / or Advertisers and / or third parties, including, but not limited to, the tangible damage, loss of profit, data leakage, dignitary harm through use of the Web-Service (including contents of the Web-Service and / or other materials accessed by Users, Advertisers or other third parties through the Web-Service);
- for leakage of personal data of the Users and / or Advertisers arising out of hacker attacks and / or illegal actions of third parties;
- for failure to render the Services or properly render the Services in case of Web-Service failure through the fault of third parties (including, but not limited to, failures of the server and / or network equipment) the Administration is not held liable for or cannot affect, and in case of force majeure;
- for the failure to obtain the results of Web-Service use / for obtaining the results of Web-Service use below expectation of the User and / or Advertiser;
- if the account of the User and / or Advertiser was accessed by third parties.
- for disclosure of the email address and / or password of the account of the User / Advertiser to third parties. A User is solely responsible for their security and non-disclosure to third parties.
8.5. The Services are not intended for individuals below 18 (eighteen) years and for legally incapable persons. If unintentionally opening the Web-Service, such individuals must leave it. The Administration is not held liable for any adverse effects in case of failure of such individuals to fulfill this provision.
8.6. In case of delays in payment and / or partial payment as provided by point 5.2.5 of the Offer above, the Advertiser shall pay the penalty in the amount of 1% of the amount due for each day of such delay.
8.7. In all the rest that is not covered by this Offer, the Parties shall be held liable for non-fulfillment or improper fulfillment of their obligations hereunder in compliance with the existing legislation of the Russian Federation.
8.8. If the Advertiser violates section 10 hereof and / or points 5.2.1 and / or 5.2.3 resulting in any claims or actions against the Administration regarding infringement of any intellectual property rights in connection with rendering the Services, the Advertiser shall indemnify any loss / tangible damage (including, but not limited to, any legal representation expenses caused by the need of the Administration to take part in such litigation and/or trial) and shall hold the Administration harmless for any claims of any third party asserting that the Administration has violated or violates the intellectual property rights of such third party while rendering the Services.
8.9. The Parties shall be exempt from liability for partial or complete non-fulfillment of obligations hereunder during the Contract validity, if such non-fulfillment resulted from force majeure, namely (cumulatively or individually): fire, flood, earthquake and other acts of God, war, prohibition acts or other actions by the state authorities and management bodies, declared pandemic, epidemics and other circumstances beyond the Parties' control. The term of fulfilling the obligations hereunder shall be extended for duration of such circumstances. In this case, the affected Party shall notify of the occurrence and of approximate duration of such circumstances. The Administration has the right to notify of such force majeure through placing the notice in the Web-Service.
9. Intellectual Rights
9.1. Exclusive rights for the intellectual property (Web-Service) are owned by the Administration.
9.2. The Web-Service, its components, methods, technologies (know-hows) and / or any contributions may not be copied (reproduced), reworked, distributed, published, downloaded, transferred, sold or otherwise used in full or in part without prior written permission of the Administration.
9.3. The Advertiser shall provide the Web-Service Users with a non-exclusive right to use the Content through viewing, reproducing (including copying), distributing, publicly displaying in a way where any individual can interactively access it from anywhere any time at their own discretion (the right to communicate to the public) and other rights solely for the purpose of personal non-commercial use, except for the cases, when such use does or can do harm to the interests of the copyright holder / Advertiser and / or Administration protected by law.
9.4. The Advertiser that has placed the Content shall provide the Administration with the non-exclusive right for its use for the Administration to ensure Web-Service operation (demonstration by means of communicating such Content to the public), as well as for advertising the Web-Service in other different information resources.
9.5. The Administration is entitled to transfer the rights specified in point 9.4 hereof to third parties without prior written agreement with the Advertiser / right holder.
9.6. By accepting this Offer, a User / Advertiser gives the Administration the right to use, for advertising and any other purposes, any correspondence, feedback published in the web-sites accumulating product and service feedbacks of the Internet users, and feedbacks in the directories of applications / extensions (Google Play Market, AppStore, Chrome online store) that were made about the work of the Web-Service.
10. Requirements to the Content
10.1. When placing the Content an Advertiser shall comply with the existing rules and restrictions established by the legislation of the Russian Federation, shall have all required permits, approvals, licenses or certificates. The Advertiser shall not publish details (materials), including, but not limited to:
10.1.1. do not comply with requirements of the existing legislation of the Russian Federation;
10.1.2. contain abusive language, inappropriate and insulting images, comparisons and expressions about gender, race, nationality, profession, social categories, age, religious symbols, official state symbols;
10.1.3. are bad faith, corrupt, misleading for consumers, inter alia:
- contain unreliable information of the goods (product / service),
- contain unreliable information of the discounts / promotions / sales, their duration and rules,
- contain / imitate standard elements of the graphic user interface that do not support proper functionality in the advertising materials, for example, image of the cursor, and / or design elements of Web-Service pages and other pages not owned by the Advertiser,
- do not render clear idea of the source of the information the message / information material contains;
10.1.5. encourage wrongdoings and / or contain calls for violence and cruelty;
10.1.6. are an advertisement of the product that is prohibited to be advertised this way, during this time or in this place.
10.2. The Web-Service does not accept the Content related with tragic events, including, but not limited to, the appalling information.
10.3. The text of the information materials (Content) shall be in Russian or English.
10.4. The cost parameters shall be stated in RUB, and if needed, shall be additionally stated in foreign currency.
10.5. The Content shall correspond to the contents of the page of the web-site or another resource the advertising link goes to. For example, if the Content contains information of a discount, then the advertising link should go to the page of the Advertiser's web-site where this discount is explicitly presented.
10.6. The information materials using the superlative degrees of adjectives and / or details of the advantages of the advertised goods vs. the circulated goods are allowed, if such information is confirmed by the respective research (official opinions etc.) of third parties.
10.7. It is not allowed to use poor-quality images in the advertising materials, including:
10.7.1. Images with distortions and artifacts resulting from the file compression;
10.7.2. Images having low resolution, low definition and pixels.
11. Other Conditions
11.1. The Offer is valid since the time it is published in the Web-Service and until it is cancelled by the Administration, and may be accepted by Users / Advertisers at any time.
11.2. The terms and conditions of this Offer may be unilaterally amended by the Administration. All amendments shall apply to relations of the Parties arising after the amendments are introduced.
11.3. Any amendments to the Offer unilaterally introduced by the Administration shall come into force the day following the day of publishing such amendments in the Web-Service.
11.4. This Offer, procedure of its acceptance and performance of the Contract, as well as issues beyond the scope of this Offer shall be governed by the current laws of the Russian Federation.
11.5. The current version of this Offer is published in the Web-Service and available online at https://surfe.be/site/terms-of-service.
12. Details of the Administration
[email protected] +7 499 4907126