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PSV GAMES STUDIO LTD, a legal entity duly incorporated and operating under the laws of Seychelles, residential address: 103 Sham Peng Tong Plaza, Victroria, Mahe, Seychelles, company number: 200350 (hereinafter the “Contractor”), on the one hand, and
Every duly incorporated legal entity and private entrepreneur or natural person acting on the legal basis, that accepts the terms and conditions listed herein (hereinafter referred to as the “Customer”), on the other hand,
the Customer and the Contractor are collectively referred to as the “Parties” and individually as the “Party”, the Customer having acceded to this Marketing Services Public Offer (hereinafter referred to as the “Agreement”), agree as follows:
The Contractor shall:
The Customer shall:
The Parties shall not be liable for failure to perform its obligations under this Agreement if it was caused by inevitable forces (force majeure) that could not be predicted by any Party.
In case when inevitable force (force majeure) will stay present for longer than 1 (one) month, both Parties have the right to terminate this Agreement, by informing other party in writing, not later than within 10 (ten) calendar days before the desired date of termination. In this case only the provided Services are being paid for.
Force majeure is extraordinary events, namely: war or military actions, epidemics, fires, natural disasters, accidents in the networks of energy, changes in the current legislation that can prevent the execution of obligations under this Agreement or cause changes to pricing and execution order, and any other events that may be recognized by the court as a circumstance of force majeure.
Party for which it becomes impossible to execute this Agreement because of inevitable force (force majeure), shall notify the other party about this within 10 (ten) days after the occurrence of such circumstances. Late notice of inevitable force appearing (force majeure) makes it impossible for such party to refer to them.
Appearing of the circumstances of inevitable force (force majeure) is confirmed by the documents issued by the competent authorities.
If a Party fails to fulfill the requirements established in clause 6.4 of this Agreement, it shall not be entitled to invoke the occurrence of such circumstances and as a basis for exemption from liability.
Any dispute, controversy or claim arising out of or in connection with this Agreement shall be settled by the way of amicable negotiations between the Parties.
If any dispute, controversy or claim arising out of or in connection with this Agreement or the breach, termination or invalidity thereof cannot be settled by the way of amicable negotiations, they shall be finally settled by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce.
The arbitral tribunal shall be composed of a sole arbitrator.
The seat of arbitration shall be London.
The language to be used in the arbitral proceedings shall be English.
This Agreement shall be governed by the substantive law indicated in clause 10.1.
In case the arbitration clause is found void or unenforceable for any reason, the Parties agree that the respective dispute, controversy or claim shall be resolved by the courts of England and Wales.
By accepting the terms of the Agreement, the Customer waives its right to judicial settlement of any dispute, controversy or claim, and agrees not to participate in any collective or class action lawsuit against the Contractor.
This Agreement comes into effect from the date when the Customer registers personal profile on the site, which shall be an Effective Date. The respective provisions on obligation to provide the advertisement integration services and all consequent provision become obligatory for the Contractor since the Customer notifies the Contractor of the successful integration of the file “app-ads.txt” and requests the advertisement integration.
The provisions of the Agreement shall be effective from the moment specified in paragraph 8.1 hereof and is valid until the file “app-ads.txt” is removed by The Customer from the App, without prejudice to other provision of the Agreement.
In case the App or the Customer’s account at the respective application store platform is banned for the violation of the community rules or applicable legislation the Agreement shall be deemed suspended for the duration of such a ban with respect to the App that is banned or that is listed under the banned account or the Agreement can be terminated by each Party anytime during such suspension upon written notice (including sent via email) with immediate effect.
A unilateral termination of the Agreement is possible, if one Party provides the written notification to the other Party no later than 30 (thirty) calendar days before the desired date of termination of the Agreement. The Agreement shall be deemed early terminated from the day following the thirtieth day after such notification, unless otherwise is provided by the separate agreement between the Parties, this Agreement or applicable legislation.
The termination does not occur earlier than the last invoice is settled by the Contractor. In any case, the termination of the Agreement does not relieve the Parties from fulfillment of obligations and liability for violations that occurred during the term of validity of this Agreement. In case the grounds for the termination has arisen due to the disagreement over the monthly report, the Contractor shall settle the last payment corresponding to figures presented in the respective report.
In the event that one Party transfers to the other Party information marked as “confidential” or designated as such at a time of oral disclosure (hereinafter the “Confidential Information”), the Parties undertake to maintain confidentiality with respect to such Confidential Information, received from each other or made known to them during the execution of this of the Agreement, not to disclose or disclose in general or in particular Confidential Information to any third party without the prior written consent of the other Party, take security measures when storing and processing such Confidential Information not less stringent than they apply to their own Confidential Information, but in any case, no less stringent measures than the minimum necessary to maintain the confidentiality of such information.
If it is necessary to disclose Confidential Information, with the written consent of the Party to which this information belongs, to third parties for the purpose of fulfilling the Agreement, including its own employees, the disclosing Party is obligated to make sure that such third parties are bound by confidentiality obligations no less strict than those stipulated by the Agreement.
If it is necessary to disclose Confidential Information at the request of state authorities, the Parties are obliged to notify the Party that owns such information within a reasonable time before disclosing, as well as to provide reasonable assistance in legal protection from the requirement of such disclosure.
In case of violation of the terms of this Section 9, the Party that committed the violation shall pay the injured Party a fine of EUR 10,000 (ten thousand) for each violation. The Party that received the payment request shall reimburse this penalty within 5 (five) business days from the receipt of the request for the reimbursement of the fine.
All legal relations arising in regard to this Agreement or are related to it, including the ones connected with validity, execution, fulfillment, amendment and termination of this Agreement, interpretation of its terms, determining of invalidity consequences or breach of the Agreement are regulated by this Agreement and by the substantive law of England and Wells, without regard to its conflict of laws principles.
After the Customer accedes to this Agreement all previous negotiations, communications, previous agreements, protocols of intention and any other agreements of the Parties in written or oral forms related to the matters that in one way or another concern this Agreement shall lose validity although they can be taken into consideration when the terms of this Agreement are interpreted.
The Parties shall bear all legal consequences related to the correctness of information in regard to the details provided by them to each other and are obliged to inform another Party of any change in a writing within the reasonable time. If the Party fails to notify the other Party, it assumes all risks related to such failure. The details of the Contractor are as follows:
Company number: 200350
Registered address: 103 Sham Peng Tong Plaza, Victroria, Mahe, Seychelles
Email for communications: ___________
The transfer of rights and obligations under this Agreement by one of the Parties to the third parties is permitted only if approved in writing by another Party.
The Contractor can modify or amend the terms and conditions of the Agreement upon written notification of the Customer (including sent via email). Any amendments to and modifications of this Agreement shall be effective and can be taken into consideration since the moment of such written notification is made, unless otherwise envisaged by the respective amendment or notification.
Each Party shall independently settle its own taxes and duties imposed according to applicable legislation.
The Parties agreed that this Agreement may be executed in a hard copy within reasonable time upon request of either Party.
Version 1.0
Dated of July 2020
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