This document is a public offer agreement ( hereinafter the “Public Offer Agreement”) of LLC MATOMBA TECHNOLOGIES INN 5043077977 OGRN 1225000087597 KPP 504301001 (hereinafter the “Contractor”) and contains all the essential terms of the provision of services provided at MATOMBA.COM.

This public offer is addressed to the indefinite number of people under p. 2 art. 437 of the Civil Code of the Russian Federation (CC RF). According to p.3 art. 438 CC RF the acceptance of a public offer is equal to signing an agreement under terms and conditions outlined in the public offer, consequently, any person accepting the “Public Offer Agreement” is deemed to have signed the agreement with the “Contractor” in the order and under conditions specified hereafter.

TERMS AND CONDITIONS

The “Contractor” - LLC MATOMBA TECHNOLOGIES INN 5043077977 OGRN 1225000087597 KPP 504301001, town Serpuchov, Firsova street, 3. The website of the “Contractor” - MATOMBA.COM

The “Customer” - any individual or legal entity having accepted the “Public Offer Agreement” and having received the information services at MATOMBA.COM  is the “Customer” of the “Contractor” according to the “Public Offer Agreement”.

The “Public Offer” - this document “Public Offer Agreement” of services provided by LLC MATOMBA TECHNOLOGIES INN 5043077977 OGRN 1225000087597 KPP 504301001.

The  “Services” -  the software complex MATOMBA.COM belonging to the “Contractor”.

The “Acceptance” - full and unconditional acceptance of the “Public Offer Agreement” by the “Customer” by implementing actions provided in this “Public Offer Agreement”. The “Acceptance” makes the “Public Offer Agreement”.

The “Public Offer Agreement” - the “Agreement” between the “Contractor” and the “Customer” made by the “Acceptance” of the “Public Offer” by the “Customer”.

The “Services” - a possibility for the “Customer” to create a marketing quiz (for identifying the needs of the website visitors and helping them to get acquainted with the variety of goods and services provided on the website and for getting visitors’ contact details with the help of the lead form) and install it on the website of the “Customer” to significantly improve the convenience of using the website of the “Customer”.

The “Software” - the software complex “MATOMBA.COM”, which solves the tasks preliminarily described and set up by the “Customer”. The detailed description of the functions and usage of the software complex is located on the website MATOMBA.COM of the “Contractor”.

THE SUBJECT OF THE “PUBLIC OFFER”

This Public Offer regulates the procedure of the provision of and the payment for the Services to the Customer and determines the mutual rights and obligations of the Contractor and the Customer.

THE PROCEDURE FOR CONCLUDING OF THE “PUBLIC OFFER AGREEMENT”

The Customer accepts the Public Offer in the private account by signing up for the services at https://matomba.com/mycab. This action is deemed to be an implicit agreement with the Public Offer and implies full agreement with all the provisions of this Public Offer Agreement.

The Customer provides the safety and security of his password when signing up for the Services. All actions implemented in the personal account of the Customer are deemed to be done by the Customer.

RIGHTS AND OBLIGATIONS OF THE PARTIES

Rights and obligations of the Customer:

• The Customer obligates to comply with the terms and conditions of this Agreement;
• The Customer obligates not to use the Services to promote information, the contents of which violate Russian or International law;
• The Customer is obligated to pay for the Services in the amount of and the time outlined on the payment page.

Rights and obligations of the Contractor:

• The Contractor is obligated to provide the privacy of the information provided by the Customer during the process of signing up for the Services, except in cases determined by law.
• The Contractor has the right to collect, store and transfer the information provided by the Customer to improve the quality of the Services, including the information about any and all log-ins, IP-addresses, contents of cookie files, and webpages searched for, if such information was received during the provision of the Services;
• The Contractor has the right to amend the prices for the Services by the publication of the new prices at MATOMBA.COM

LIMITATIONS OF LIABILITY

The Contractor is relieved of all liability or the damages incurred to other websites of the Customer for non-fulfillment or improper fulfillment of its obligations in whole or in part according to this Public Offer Agreement, if non-fulfillment, improper fulfillment, or the damages are due to force majeure circumstances of technogenic nature, such as disruption or breakdown of electric power networks, computer networks or other systems of telecommunications used for the functionality of the Services, and deliberate wrongful acts by third parties or other acts affecting the correct functionality of MATOMBA.COM and other websites of the Customer.

• The Contractor is not liable for the functionality of the websites of the Customer, if the functionality of the websites was affected because of the usage of the Services.
• The Contractor is relieved of all liability in case of the loss of data of the Customer in whole or in part, if such loss was caused by deliberate or careless acts of the Customer.
• The Contractor is not liable for the reliability of the informative and advertising materials or their consistency with the wishes or needs of the Customer, or any damages or loss of earnings of the Customer or third parties, even if such occurrences resulted from using or inability to use the Services.
• The Contractor is not liable to pay for any damages of the Customer or third parties incurred as a result of using and/or inability to use the Services, the disclosure of information by third parties related to the usage of the Services, and/or any other damages directly or indirectly related to the usage or inability to use the Services including but not limited to the loss of earnings.
• The Customer is responsible for the information provided through the usage of the Services to comply with the current legislation.
• In case of detecting violations of the current legislation and the existence of the appropriate orders from any law enforcement or other government bodies or officials, the Contractor reserves the right to limit the Customer from accessing the Services by forwarding a notification to the Customer via email or in writing.
• The Customer takes all risks when using the Services. The services are provided as-is. The Contractor is not liable for any inconsistency of the Services with the goals of the Customer.
• The Customer acknowledges and agrees that the Services of MATOMBA.COM, information materials published by MATOMBA.COM or its partners, computer software used for the provision of the Services and design of the website MATOMBA.COM are protected by Russian and International law, the usage or citation of which are allowed only with the reference to MATOMBA.COM
• When collecting the contact information with the help of the Services, The Customer is obligated to abide by the legislation of the country wherein he currently is or from which it gets the leads. The Customer is obligated to consider the existence of legislation regulatory acts outlining the specifics of the Services provided at MATOMBA.COM and the specifics of a country or a region. The Customer is also obligated to verify the consistency of the specifics of the Services before using it.

PRICING

The prices are determined by the Contractor on an ex parte basis and are published on 

. The acceptance of the Public Offer implies the full and indisputable agreement of the Customer with the current pricing. The Contractor reserves the right to amend the pricing on an ex parte basis.

PAYMENT PROCEDURES

The Customer makes a pre-payment for the Services by a credit card online.

THE PROCEDURE OF MAKING THE CHANGES TO THE PUBLIC OFFER

• The Contractor can change this Public Offer on an ex parte basis.
• The changes shall come into force on the day of their publication on the website MATOMBA.COM
• The changes in the wording of or the additions to this Public Offer or the new version of this Public Offer are made known to all by publishing of such changes on the website MATOMBA.COM

THE CONSENT TO PROCESSING OF PERSONAL DATA

In accordance with the requirements of the  Federal Act on Personal Data Protection

N.152 from 7/27/2006, the Customer agrees to the processing (collection, systematization, storage, clarification, change, updating, usage, distribution, transfer including transnational transfer, depersonalization, blocking and elimination) of personal data including the means of automation. Such consent is made in regards to:

• Any and all information related to the Customer, including last names, names, middle names; personal identification documents; dates and places of birth, addresses, and other information included in the requests, letters, agreements or other documents provided by the Customer for the usage of the Services;
• The purposes of the fulfillment of the Public Offer or the promotion of the Services of the Contractor, mutual services of the Contractor and third parties or their products, goods or services; for the Contractor and any other third parties, agents or officials of the Contractor, as well as companies carrying out postal services by the appointment of the Contractor, who received personal data of the Customer through the processing of the personal data (including last names, names, middle names, addresses and phone numbers). The right to choose such third parties for carrying out such services is granted to the Contractor by the Customer and does not require additional agreements.
• The consent is granted for an indefinite period, consequently, the termination of the Services does not terminate the consent. The Customer is informed that the consent can be revoked by written notification to the Contractor.

FINAL PROVISIONS

• In case of any terms or conditions of this Public Offer to lose their legal force, being recognized illegitimate, being excluded from this Public Offer, it doesn’t entail the invalidity of all the other terms and conditions of this Public Offer, which remain in force and are binding on both the Contractor and the Customer.
• All questionable matters not covered by this Public Offer are litigated in accordance with the current legislation.
• When doing business, The Contractor as a sole proprietor does not need to use a stamp for the purpose of signing of documents.