October 27, 2012
Alexandria, VA 22314, USA
1.1. This offer is made by Alconost Inc. (hereinafter referred to as “the Company”) as an official, public, and irrevocable offer to enter into this Contract on the terms and conditions set forth herein, and is addressed exclusively to legal entities and individuals (hereinafter referred to as “Customers” or individually as “the Customer”) that seek to obtain the services offered by the Company.
1.2. An order for the Company's service(s) made by the Customer in the manner prescribed in Clause 3.1, Section 3 herein shall constitute full and unconditional acceptance of this offer by the Customer.
1.3. Acceptance shall mean that the Customer agrees to all of the terms and conditions of this offer.
1.4. For the purposes of this offer, the term “two-way communication” applicable to notices and documents shall mean any method of transmission of notices and documents convenient to the Parties, including mail, courier delivery, email, instant messengers, fax, or delivery in person at the addresses and/or to numbers specified and used by the Parties hereto.
2.1. Under the terms of this Contract, the Company shall provide services ordered by the Customer, and the Customer shall accept the relevant service deliverables and pay for them.
2.2. The list of services offered by the Company and their prices shall be made known to the Customer via the Company's website at https://alconost.com/en/legal/terms-of-service or as may otherwise be agreed by the Parties.
3.1. To order services, the Customer shall fill out the pre-order form available at https://alconost.com/en/order or send a request to the Company via email.
3.2. Through two-way communication, the Parties shall agree on the list and scope of services to be provided by the Company against the Customer's order, along with the service price, volume, and time frame, and the procedure of payment for each specific service.
3.3. If the Parties have agreed on full or partial advance payment for services, the Company reserves the right to begin providing the services only after receiving advance payment from the Customer.
3.4. In every case possible, the Company reserves the right to unilaterally change the time frame during which each specific service is to be provided by notifying the Customer accordingly through two-way communication and providing full information about the reasons for such changes. The grounds for changing the service time frame include but are not limited to failure by the Customer to present information or documents that the Company needs in order to provide the services, if the Company informed the Customer about the need for such information or documents through two-way communication.
3.5. The service deliverables shall be delivered to the Customer electronically (in the format to be agreed by the Parties through two-way communication) using the Internet (via email, by uploading the service deliverables to an online resource and letting the Customer download them, etc.). The Parties may agree on other forms and procedures for delivering the service deliverables to the Customer through two-way communication.
3.6. From the time when the service deliverables have been handed over to the Customer, title to the service deliverables shall fully pass from the Company to the Customer, i.e. the right to use the service deliverables in any form and in any way, including but not limited to reproducing, distributing, publicizing, modifying or otherwise processing the service deliverables.
The Company reserves the right to identify itself as the author of the service deliverables and to use the service deliverables by including them in the Company's portfolio (on the website, in promotional catalogs, booklets, and other advertising or marketing materials) solely for the purposes of advertising and promoting the Company and its services and not for the purposes of subsequent resale or commercial use.
3.7. Within seven (7) consecutive days of receiving the service deliverables, the Customer may send a reasonable complaint to the Company, describing specific shortcomings or defects in the Company's work. The Company shall inform the Customer about the results of the review of the Customer's complaint within three (3) days of receiving it. Quality complaints presented without the required information or presented after the specified period has elapsed shall not be reviewed. If the Customer's complaints are reasonable, the Company shall rectify the shortcomings or defects within a reasonable time frame.
3.8. Services shall be deemed to have been provided in a proper manner after the Customer has received the service deliverables and the period for presenting quality complaints has elapsed.
4.1. The Customer shall pay for the services against an invoice issued by the Company. To help the Company identify the Customer and the payment, the Customer shall specify in the details of payment a description of the service or other information requested by the Company through two-way communication.
4.2. If the Parties have agreed through two-way communication that payment for services shall be made fully or partly after the services have been provided (after the service deliverables have been handed over to the Customer), the Customer shall pay for the services within five (5) days of receiving the Company's invoice. A different payment procedure and time frame for each specific service may be established by the Parties through two-way communication or in the Company's invoice.
4.3. The Customer shall pay for services by transferring funds to the Company's account specified in Section 7 herein.
4.4. The payment currency shall be US dollars.
4.5. All bank fees and other costs associated with transferring funds to the Company's account shall be borne by the Customer.
5.1. The Parties shall be held liable for any delay or failure in performance of their obligations under applicable laws of the State of Virginia.
5.2. The Customer shall indemnify the Company for any and all losses incurred as a result of a delay in payment for the Company's services.
5.3. The Parties shall be relieved of liability in the event of force majeure. The Party invoking an event of force majeure shall notify the other Party accordingly in reasonable time using any available means. Events of force majeure include: acts of government; natural disasters (flood, earthquake); man-induced disasters; damage to resources of the Parties caused by malware; disruptions of power supply to production capacities of the Parties that are vital to performance of their obligations.
6.1. The Contract entered into on the terms of this offer shall be deemed effective indefinitely beginning on the date of acceptance by the Customer.
6.2. All agreements reached by the Parties through two-way communication shall be deemed integral to this Contract, shall have the same legal force and effect as agreements executed in writing, and shall be binding on the Parties on a par with the terms and conditions herein.
6.3. The Parties shall agree on any amendments or supplements to this Contract through two-way communication by amending or supplementing the text of this Contract and obtaining consent to such amendments or supplements.
6.4. Either Party shall have the right to terminate this Contract unilaterally by giving the other Party written notice by any convenient means.
6.5. Any disputes that have not been resolved by way or negotiations or review of complaints shall be referred to a court of competent jurisdiction in the State of Virginia and resolved in the manner prescribed by applicable laws of the State of Virginia.
6.6. The relations between the Parties arising out of this Contract shall be governed by laws of the State of Virginia without regard to its conflict of law provisions.
6.7. The Parties shall promptly notify each other about changes of the numbers, addresses, or bank details specified in Section 7 herein. Any adverse consequences of failure to give notice shall be the responsibility of the Party that has failed to notify the other Party about such changes.
7. Addresses and Bank Details of the Parties
7.1. The addresses and bank details of the Customer shall be specified in the pre-order form or email via which the Customer orders the services of the Company, or in two-way communications between the Parties.
901 N. Pitt St
Alexandria, VA 22314
825 N Washington St,
Routing: 054000030 ( USA)
Routing: 031000053 (outside of USA)
Alexander Murausky, CEO