1. Terms of use of the Media Bot Pay service
1.1. In accordance with the framework contract of assignment (hereinafter referred to as the Contract of Assignment) concluded on these Terms (hereinafter referred to as the Terms), the Attorney undertakes to conclude, on behalf and at the expense of the Principal, a contract for the purchase and sale of goods and (or) a service agreement and (or) a license agreement and (or) an agreement for the purchase and sale of electronic tickets for the event, an agreement for the provision of services for booking and issuing electronic tickets for the event and (or) a subscription agreement and (or) another agreement (hereinafter together – Purchase and sale agreement) with the Company or the person specified by the Principal, and pay for it, and the Principal is obliged to reimburse the Attorney for the costs incurred related to the execution of the Contract of Assignment.
1.2. The Media Bot Pay Service is an Attorney's service integrated into the Company's Service, with which it is possible to conclude an Assignment Agreement, as well as it is possible to use other available functionality related to the Assignment Agreement. By using the Media Bot Pay service, the Principal agrees to these Terms and Conditions https://mymedialib.space/ru/terms-of-use-of-the-media-bot-pay-service, with the terms of the Media Bot documents: User Agreement for Media Bot Services (https://mymedialib.space/user-agreement ), Privacy Policy (https://mymedialib.space/privacy-policy ), as well as the terms of use of the Company's Service.
1.3. An enterprise - is a legal entity, an individual entrepreneur or a self—employed person who has entered into an agreement with an Attorney and provides the opportunity to use the Media Bot Pay Service when placing orders on its service (hereinafter referred to as the "Enterprise Service").
1.4. Application - is an electronic document sent by the Principal after the conclusion of the Contract of Assignment. The Application is an order from the Principal to conclude a Purchase and Sale Agreement with the Company on his behalf and at his expense and pay for it.
1.5. All actions performed by the Principal using the Company's Service account are considered to be performed by the Principal. The Principal is solely responsible to third parties for all actions performed using the Company's Service account. The Attorney is not responsible for the use of the Company's Service account by third parties.
1.6. This Agreement is a framework agreement defining the general terms of the relationship of obligations between the Attorney and the Principal, which can be specified and clarified in Applications. The conclusion of this Agreement by the Attorney and the Principal does not entail the obligation of the Attorney to purchase and/or pay for any goods, works and services from the Enterprise. The corresponding duties may arise for the Attorney, subject to compliance with clause 3.3 of the Contract
2. The Parties to the Contract of Assignment
2.1. The Parties to the Contract of Assignment are:
2.2. Attorney — "Media bot Pay".
2.2.1 Any mention of the Attorney in the Terms concerns the "Media bot Pay".
2.3. The Principal is a user of the Company's Service.
3. The procedure for concluding an Assignment Agreement and sending an Application
3.1. To conclude an Assignment Agreement:
3.1.1. The Attorney places a link to the Terms on the Company's Service.
3.1.2. The Principal sends to the Attorney an offer to conclude an Order Agreement on these Terms by consistently performing the following actions by the Principal: placing an order on the Company's Service, specifying the necessary data about himself, agreeing to the Terms in the web interface via the web interface (including in the Media Bot), and, if necessary, entering the code from the SMS to the number specified by the Principal, or otherwise.
3.2. The Attorney has the right to refuse the Principal's offer without explanation (conclusion of the Contract of Assignment on these Terms). The Contract of assignment is considered concluded only after verification by the Attorney of the data provided by the Principal, confirmation by the Attorney of the possibility of concluding the Contract of Assignment, and, if necessary, making the first payment to reimburse the costs associated with the execution of the Contract of Assignment. The first payment may be the only one. The contract of the order can be concluded without the first payment.
3.3. Within the framework of the concluded agreement, the Principal can send Applications by sequentially performing the following actions: placing an order by scanning a QR code through the Media Bot Pay application, selecting a payment method in the application, clicking the "Pay" button or similar in meaning.
3.4. If the terms of the Purchase and Sale Agreement imply the collection of regular periodic payments by automatic payments (hereinafter referred to as "recurrent payments" and/or "recurring"), the Principal instructs the Attorney to make such payment to the Enterprise on the terms of the Purchase and Sale Agreement and undertakes to reimburse the Attorney's expenses in accordance with Section 5 of the Terms. The Principal agrees that the cancellation of recurrent payments and/or re-billing is carried out on the terms of the Purchase and Sale Agreement.
4. The procedure for payment of contracts concluded by the Attorney on behalf of the Principal
4.1. The Attorney pays the contracts concluded on behalf of the Principal to the Company in accordance with the procedure established by the agreement between them. The specified agreement may provide for a settlement procedure, including by terminating the Company's monetary obligations to the Attorney.
5. Cost recovery procedure
5.1. The Principal reimburses the costs associated with the execution of the Contract of Assignment
- partially at the conclusion of the Contract of Assignment or sending an Application, and in the rest in accordance with the cost recovery schedule agreed upon by the Parties before confirming the order in the web interface,
- either completely in a single payment,
- in accordance with the cost recovery schedule without the first payment.
The cost recovery schedule is formed for each individual Order Agreement and each individual Application.
5.2. The Attorney has the right to offer the Principal an additional paid service to change the cost recovery schedule.
5.3. For performing actions under the Contract of Assignment, the Principal pays remuneration to the Attorney in the amount agreed upon by the Parties before confirming the order in the web interface (commission of the Media Bot Pay Service). Remuneration to the Attorney (if it is established by the Attorney and indicated on the Service) is paid in full at the conclusion of the Contract of Assignment, namely simultaneously with the first payment to reimburse the costs associated with the execution of the Contract of Assignment. The Attorney's remuneration indicated in the web interface of the Service is set in rubles and includes VAT at the rate established by current legislation.
5.4. In order to fulfill the obligations to reimburse the Attorney's expenses related to the execution of the Contract of Assignment, the Principal instructs the Attorney to make debits from the Account in the Principal's Media Bot, or from the payment card used by the Principal during the first or next payment, or from any of the payment card IDs saved by the Principal in the Media Bot service, or from the Principal's bank account through the fast payment service of the payment system, and also agrees to holding (withholding funds for payment purposes) on any of the above-mentioned payment cards of the Principal. The data required for making the next payment is stored on the Attorney's side until full reimbursement of costs, regardless of changes in the settings of the means of payment in the Media Bot Pay Service, the Company's Service.
5.4.1 The Principal agrees that the holding period may be up to 7 (seven) days, and the Attorney's debit of funds on behalf of the Principal in accordance with the terms of clause 5.4. may occur within the specified period.
5.5. The Principal agrees that if the amount of the order changes up by the Enterprise on the basis of the Purchase and Sale Agreement after the conclusion of the Contract of Assignment, the amount of costs reimbursed to the Attorney will also change up. These changes will be reflected in the cost recovery schedule.6. The procedure for settlements in case of modification or termination of contracts concluded by the Attorney on behalf of the Principal
6.1. The Parties have hereby agreed on the assignment by the Principal to the Attorney of all claims for the refund of the order value (both partial and full), if such claims arise as a result of changes or termination of contracts concluded using the Media Bot Pay service between the Principal and the Enterprise. Other claims that may arise as a result of changes or termination of these agreements (for example, claims for compensation for return shipping upon return) are not subject to assignment.
6.2. For the assigned claim for the refund of the order value, the Attorney undertakes to pay the Principal an amount equal to the amount of the assigned claim (refund), but not more than the amount of money received by the Attorney from the Principal under the Contract of Assignment. This claim of the Principal to the Attorney is set off against the counterclaim of the Attorney to the Principal for reimbursement of costs related to the execution of the Contract of Assignment in the amount determined by the Attorney.
6.3. The Attorney notifies the Principal of the assignment of the claim and the offset by e-mail, in the personal account of the Company's Service or in any other way of his choice.
6.4. In the event of a dispute between the Principal and the Enterprise related to an order placed using the Media Bot Pay service, the Principal and the Enterprise resolve such a dispute independently. Until the dispute is resolved, the assignment provided for in clause 6.1 of the Terms does not occur.
7. Processing of personal data
7.1. By sending the Attorney an offer to conclude an Assignment Agreement in accordance with the procedure provided for in clause 3.3 of these Terms, the Principal gives consent to the Attorney to process his personal data, including any changes, additions to them, for the purpose of concluding and executing the Assignment Agreement, including the transfer of personal data received from the Principal to the following persons:
· Enterprises - for the purpose of concluding and executing a contract for the sale of goods and (or) a service agreement and (or) a license agreement and (or) an agreement for the purchase and sale of electronic tickets for an event and (or) an agreement for the provision of services for booking and registration of electronic tickets for an event and (or) another agreement; for the purpose of informing the Principal about the status of the Contract of Assignment and sending information about the progress of its execution, as well as other information in accordance with these Terms; for the purpose of providing user support for the execution of the Contract of Assignment;
· "Media Bot", as well as to various "Credit Bureaus" - for the purpose of identifying the level of trustworthiness of the Principal and evaluating the possibility of concluding an Assignment Agreement.
The Attorney has the right to transfer the personal data of the Principal to third parties involved in the execution of the Contract of Assignment, including:
· "Media bot" - for the purpose of protecting the rights and interests of the Attorney arising from the Contract of Assignment;
· To other persons involved for the purpose of fulfilling the Contract.
7.2. The Attorney and the persons engaged by him undertake to process the Personal Data of the Principal in accordance with the requirements of the legislation.
7.3. The processing of the Client's personal data by the Attorney and persons involved for the purpose of fulfilling the Contract, including: "Media Bot", is carried out under the terms of the Privacy Policy published at: https://mymedialib.space/privacy-policy .
7.4. As part of the execution of the Contract, as well as in order to provide additional measures to combat fraud, the Attorney has the right to provide information about the subscriber's mobile phone number of the Principal to mobile radiotelephone operators (hereinafter referred to as telecom operators). Telecom operators have the right to process the subscriber's mobile phone number of the Principal received from the Attorney, as well as information about the Attorney available to telecom operators under the contract for the provision of communication services (with the exception of information constituting a communication secret), for the above purposes and transfer the result of this processing to the Principal.
7.5. The Principal agrees that the Attorney has the right to store the personal data of the Principal during the term of the Agreement and for at least three years from the date of termination of the Agreement.
7.6. Within the framework of these Terms and Conditions, the Attorney, in accordance with the law, also has the right to process the personal data of the Principal transferred by the Enterprise to the Attorney in order to fulfill obligations under contracts concluded between the Attorney and the Enterprise and between the Enterprise and the Principal.
8. Guarantees
8.1. During the term of the Contract, the Attorney will make every effort to eliminate any failures and errors that occurred during the execution of the Contract of Assignment as soon as possible. At the same time, the Attorney does not guarantee the absence of such errors and failures, including for reasons beyond his control.
8.2. With the exception of the guarantees expressly stated in the text of the Terms, the Attorney does not provide any other express or implied guarantees under the Agreement and expressly disclaims any guarantees or conditions regarding the compliance of the services with specific goals or expectations of the Principal.
8.3. The Principal guarantees to the Attorney that:
8.3.1. The Principal has provided reliable and up-to-date information about himself, including when posting personal information in the Media Bot Pay service or when transmitting such information in another way;
8.3.2. The Principal is legally capable and has reached the age required by law to make transactions provided for in these Terms;
8.3.3. The Principal enters into the Agreement voluntarily, while a) he has fully read the terms of the Terms and other documents referenced in these Terms; b) fully understands the subject of the Terms and the Agreement, c) fully understands the meaning and consequences of his actions in relation to the conclusion and execution The Agreement;
8.3.4. The Principal has all the rights and powers necessary for the conclusion and execution of the Contract.
9. Responsibility of the Parties
9.1. If the Principal violates the terms of the Contract of Assignment, including violation of the established cost recovery schedule, the Attorney has the right to refuse to conclude other contracts with the Principal in the future.10. Anti-corruption clause
10.1. In all their activities, the Attorney and other companies of the MEDIA-BOT Group adhere to the principles and working conditions contained in the Rules of Business and Corporate Ethics. The Attorney and other companies of the MEDIA-BOT group expect their counterparties to comply with the business principles specified in these Rules. A copy of these Rules is available in the corporate section of the MEDIA-BOT portal at: https://mymedialib.space/terms-of-use-of-the-service .
10.2. The Parties acknowledge and confirm that each of them pursues a policy of zero tolerance for bribery and corruption, which implies a complete ban on corrupt practices and making payments for assistance/payments, the purpose of which is to simplify formalities in connection with business activities, to ensure a faster resolution of certain issues. Within the framework of this Agreement, the Parties, their affiliates, employees, intermediaries and representatives (including agents, commission agents, customs brokers and other third parties who directly or indirectly participate in the execution of the Agreement) do not accept, do not pay, do not offer to pay and do not allow (authorize) the payment/receipt of any money or transfer of any valuables (including intangible ones) directly or indirectly to any persons in order to influence actions or decisions with the intention of obtaining any undue advantages, including bypassing the procedure established by law, or pursuing other unlawful goals.
11. Other provisions
11.1. The Parties have agreed that the report on the execution of the order by the Attorney is not generated.
11.2. The cost recovery schedule is available to the Principal at the conclusion of the Contract of Assignment in the interface of the Enterprise Service, as well as in the personal account of the Enterprise Service after the conclusion of the Contract of Assignment.
11.3. The Contract, its conclusion and execution are regulated by law. All issues not regulated by the Terms and other documents referred to in these Terms and Conditions are regulated in accordance with substantive law. If it is impossible to resolve disputes and disagreements through negotiations, they are subject to consideration in the appropriate court in accordance with procedural law.
11.4. Any notifications under the Agreement may be sent by e-mail, in the personal account of the Company's Service or in any other way at the choice of the Attorney. The Attorney has the right to involve third parties in notifying the Principal, while remaining responsible for their actions.
11.5. If one or more provisions of the Terms and/or other documents referred to in these Terms are invalid or unenforceable for any reason, such invalidity does not affect the validity of any other provision of the Terms and/or relevant documents that remain in force.
11.6. Neither Party has the right to transfer its rights under the Agreement to any third party without the prior consent of the other Parties.
11.7. During the validity period and (or) after the execution of the Contract of the Order in the personal account of the Service, in the Company's Service, other services of the Attorney and (or) the Company, the Principal may have access to information about the estimated maximum amount of expenses that the Attorney may incur in order to fulfill the concluded contracts these Terms and Conditions of the assignment agreements. The provision of the specified information is not an obligation or guarantee of the Attorney to conclude assignment agreements with the User.
Date of publication of the document: April 16, 2024