Public offer (service agreement)

This Public Offer (the “Offer”) sets out the terms for concluding a service agreement (the “Agreement”) between the Provider and the Customer.

The Offer is the Provider’s official public proposal, addressed to an indefinite range of persons, to conclude the Agreement on the terms set out below, and constitutes an offer within the meaning given to it by the Civil Code of the Republic of Moldova.

Performing any of the actions listed in clause 2.4 of the Offer constitutes the Customer’s full and unconditional acceptance of its terms, without any exceptions or reservations.

The Agreement is deemed concluded upon acceptance and remains in force until the Parties have fully performed their obligations.

Provider — an independent entrepreneur (Antreprenor Independent) registered in the Republic of Moldova; the details are set out at the end of this page.

Customer — a person who has accepted this Offer.

Website — the set of pages hosted at https://billmgr.dev

Module (plugin) — a software solution for the billmanager platform provided via the Website.

Client area — the restricted section of the Website available to the Customer after email address confirmation.

Service — a service rendered by the Provider to the Customer in the manner and on the terms of this Offer.

2.1. The Provider undertakes to render the Services to the Customer, and the Customer undertakes to pay for them in the amount, manner and within the time limits set out in this Agreement.

2.2. The Services comprise: providing access to software modules (plugins) for the billmanager platform and the rights to use them, installing and configuring modules, updating them and providing technical support, as well as developing modules to the Customer’s specification. The name, price and other terms of the Services are set out on the page of the relevant module on the Website or agreed by the Parties individually.

2.3. The Provider renders the Services personally or by engaging third parties, remaining liable to the Customer for their actions as for its own.

2.4. Acceptance of the Offer is constituted by any of the following actions of the Customer: registering an account on the Website; placing an order for a module; paying for the Services; accepting the Services rendered. This list is not exhaustive — any other action clearly expressing the intention to accept the terms of the Offer also constitutes acceptance.

3.1. The Provider undertakes to render the Services in accordance with the Agreement, to give the Customer access to the sections of the Website required to receive the Services, and to protect the Customer’s personal data in accordance with the Personal Data Processing Policy.

3.2. The Provider may amend the terms of the Offer unilaterally by publishing the changes on the Website. Amended terms apply to Agreements concluded after publication and have no retroactive effect.

3.3. The Customer undertakes to provide accurate information about itself, to accept the Services rendered, and not to reproduce, distribute or transfer the modules and related materials to third parties beyond the licence granted.

3.4. The Customer may request a refund in the cases and in the manner set out in the Refund Policy and in the consumer protection legislation of the Republic of Moldova.

Modules are provided with open, non-obfuscated source code, for transparency and ease of audit. Open source code does not mean any transfer of exclusive rights to the module.

The Customer is granted a non-exclusive, non-transferable right to use the module within its own infrastructure to the extent stated on the module page and in the accompanying documentation. Any broader scope of rights applies only where expressly agreed by the Parties.

Exclusive rights to the modules and their source code belong to the Provider. Third-party trademarks and logos belong to their respective owners and are used for descriptive purposes.

5.1. The price of the Services is stated on the page of the relevant module on the Website. Prices are final; no value added tax is charged, as the Provider is not a VAT payer.

5.2. The settlement currency is the United States dollar (USD). Payments are made by non-cash means through the payment provider integrated on the Website, on the terms set out in the Payment Terms.

5.3. The Customer’s payment obligation is deemed performed once the payment is confirmed by the payment provider.

5.4. Services consisting of providing access to a module are deemed properly rendered from the moment the module becomes available for download in the Customer’s client area.

5.5. Refunds are made on the grounds and in the manner set out in the Refund Policy, taking into account Law of the Republic of Moldova No. 8/2016 on consumer rights in the conclusion of contracts and Law No. 105/2003 on consumer protection.

6.1. The Customer’s personal data is processed in accordance with the Personal Data Processing Policy published on the Website and with the personal data protection legislation of the Republic of Moldova.

6.2. The Parties undertake to keep confidential any information that becomes known to them in the course of performing the Agreement and not to disclose it to third parties without the other Party’s consent, except where required by law.

7.1. Modules and related materials are provided on an “as is” basis, without warranties of fitness for a particular purpose, unless expressly agreed otherwise by the Parties.

7.2. The Provider is not responsible for the consequences of installing, configuring and operating the modules within the Customer’s infrastructure, for their compatibility with a specific version of the billmanager platform, the operating system or third-party software, or for changes in the operation of the billmanager platform and third-party services.

7.3. The Customer is solely responsible for assessing the suitability of a module for its tasks, for backing up data, and for testing in a non-production environment before production use.

7.4. The Provider’s aggregate liability for any claims related to a module is limited to the amount actually paid by the Customer for that module. This limitation does not apply to the extent it is not permitted by the mandatory rules of the legislation of the Republic of Moldova, including consumer protection rules.

8.1. The Parties are released from liability for failure to perform or improper performance of their obligations where this is caused by circumstances of force majeure that arose beyond the Parties’ control and prevent performance.

8.2. The Party affected by such circumstances shall notify the other Party within a reasonable time after they arise.

9.1. The Offer takes effect when published on the Website and remains in force until withdrawn by the Provider.

9.2. The Provider may amend or withdraw the Offer at any time. Such amendment or withdrawal does not affect Agreements concluded before the relevant changes were published.

10.1. Access to the module catalogue, informational materials and the contact form is free and does not require concluding the Agreement.

10.2. The Customer undertakes to use the Website in good faith: not to disrupt its operation, not to attempt unauthorised access to data, and not to place excessive load on it by automated means.

10.3. The materials of the Website — texts, images, page source code and other objects placed on it — are the intellectual property of the Provider or are used by it on a lawful basis. Any use of these materials beyond viewing requires the Provider’s written consent.

10.4. The Website is provided on an “as is” and “as available” basis. The Provider does not warrant uninterrupted, error-free or continuous operation of the Website and may temporarily restrict access to it for maintenance.

10.5. Links to third-party resources, where placed on the Website, are provided for information only; the Provider does not control their content and is not responsible for it.

11.1. This Agreement and the relations between the Parties are governed by the law of the Republic of Moldova.

11.2. The Parties shall seek to resolve disputes out of court. A claim is sent to [email protected] and is reviewed within 15 calendar days of receipt.

11.3. Disputes not resolved out of court are subject to resolution by the courts of the Republic of Moldova. A Customer acting as a consumer may also apply to the Consumer Protection and Market Surveillance Agency of the Republic of Moldova.

11.4. The Offer is published in Russian and English. In case of any discrepancy in interpretation, the Russian text prevails.