SWC-PAY CUSTOMER REFERRAL AGREEMENT (individual offer)
PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE PARTICIPATING IN THE SWC-PAY PROJECT PROMOTION PROGRAM. THEY DIRECTLY DETERMINE YOUR RIGHTS AND OBLIGATIONS, INCLUDING THE LIMITATION OF LIABILITY, AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND MICOLNES, , THE COMPANY IMPLEMENTING THE SWC-PAY PROJECT.
IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ENTER INTO BUSINESS WITH COMPANY AS A PARTICIPANT IN THE SWC-PAY PROJECT PROMOTION PROGRAM.
This offer is a public Agreement for the provision of services to attract users of the site https://swc-pay.com (“Agreement”), which is concluded between us, the company MICOLNES, which is a limited liability company established and operating in accordance with the laws of the Republic of Poland (“ Company") and any individual or legal entity who is a registered user of the SWC-PAY electronic account in which its electronic version is published (“Contractor”)
Hereinafter in the text of the Agreement, the Contractor and the Company are collectively referred to as the “Parties”, and individually as the “Party”.
In the text of the Agreement, any mention of the Agreement implies the current version of the Agreement in the form in which it is posted by the Company in the Contractor’s personal account on the website https://swc-pay.com.
IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ENTER INTO BUSINESS WITH COMPANY AS A PARTICIPANT IN THE SWC-PAY PROJECT PROMOTION PROGRAM.
This offer is a public Agreement for the provision of services to attract users of the site https://swc-pay.com (“Agreement”), which is concluded between us, the company MICOLNES, which is a limited liability company established and operating in accordance with the laws of the Republic of Poland (“ Company") and any individual or legal entity who is a registered user of the SWC-PAY electronic account in which its electronic version is published (“Contractor”)
Hereinafter in the text of the Agreement, the Contractor and the Company are collectively referred to as the “Parties”, and individually as the “Party”.
In the text of the Agreement, any mention of the Agreement implies the current version of the Agreement in the form in which it is posted by the Company in the Contractor’s personal account on the website https://swc-pay.com.
1. Terms
1.1. The terms and definitions used in this agreement have the following meanings, unless otherwise directly appears from the context:
“Company” and/or “SWC-PAY” - MICOLNES, a limited liability company established and operating in accordance with the laws of the Republic of Poland, registration number 525065817, registered address: Bartycka Street, No. 22B, Unit 21A, Locality Warsaw, Post Code 00-716, Post Office Warsaw, Country Poland.
“Site” – a website hosted on the swc-pay.com domain, including all its subdomains and landing pages.
“Contractor” is an individual or legal entity who has successfully completed registration, filled out a profile on the Site and accepted the Agreement.
“Account” is a specialized section on the Site, protected by special security measures and accessible to the Contractor after authorization when entering the account by entering a unique login and password on a special subdomain of the Site - https://dashboard.swc-pay.com/Account/Login.
1.2. In this Agreement:
(a) a reference to a law, regulation or subsidiary legislation is a reference to it as it is for the time being in force, subject to any amendment, reenactment or extension, and includes any former law, regulation or secondary legislation. which it amends or re-enacts;
(b) unless the context otherwise requires, a reference to one gender shall include a reference to the other gender;
(c) unless the context otherwise requires, words in the singular include the plural and words in the plural include the singular;
(d) the headings of clauses, Appendices and sub-clauses do not affect the interpretation of this Agreement;
(e) a reference to this Agreement or to any other agreement or document referred to in this Agreement is a reference to this Agreement or such other agreement or document as amended or updated from time to time in accordance with its terms.
“Company” and/or “SWC-PAY” - MICOLNES, a limited liability company established and operating in accordance with the laws of the Republic of Poland, registration number 525065817, registered address: Bartycka Street, No. 22B, Unit 21A, Locality Warsaw, Post Code 00-716, Post Office Warsaw, Country Poland.
“Site” – a website hosted on the swc-pay.com domain, including all its subdomains and landing pages.
“Contractor” is an individual or legal entity who has successfully completed registration, filled out a profile on the Site and accepted the Agreement.
“Account” is a specialized section on the Site, protected by special security measures and accessible to the Contractor after authorization when entering the account by entering a unique login and password on a special subdomain of the Site - https://dashboard.swc-pay.com/Account/Login.
1.2. In this Agreement:
(a) a reference to a law, regulation or subsidiary legislation is a reference to it as it is for the time being in force, subject to any amendment, reenactment or extension, and includes any former law, regulation or secondary legislation. which it amends or re-enacts;
(b) unless the context otherwise requires, a reference to one gender shall include a reference to the other gender;
(c) unless the context otherwise requires, words in the singular include the plural and words in the plural include the singular;
(d) the headings of clauses, Appendices and sub-clauses do not affect the interpretation of this Agreement;
(e) a reference to this Agreement or to any other agreement or document referred to in this Agreement is a reference to this Agreement or such other agreement or document as amended or updated from time to time in accordance with its terms.
2. Procedure for concluding the Agreement (acceptance by the Contractor)
2.1. The contract is considered concluded on the terms set out in it from the moment of acceptance. The moment of acceptance is recognized as the fact that the Contractor or his authorized person specifically marks the field “Do you agree with the terms of the partnership agreement” and clicks on the “Become a partner” button in the Contractor’s Account on the Site.
Placing such a mark confirms the Contractor’s unconditional acceptance of all the terms of the Agreement in the form in which it is posted by the Company in the Contractor’s Account on the website https://swc-pay.com.
2.2. By accepting the Agreement in the manner provided for in clause 2.1. of the Agreement, the Contractor hereby confirms and guarantees that:
(a) the information specified by him in the “My Data” section of the Account is complete, reliable and valid and is the data directly of the Contractor himself;
(b) in the case where the Contractor is an individual, such person has reached the age of full legal capacity according to the laws of the country of residence, but in any case, not younger than 18 years of age, and also does not have restrictions on his legal capacity established by a court or other government body;
(c) has actually read the Agreement and all appendices thereto and agrees with their terms unconditionally and in full;
(d) has read and agrees with the SWC-PAY Affiliate Program, the SWC-PAY Brand Use Policy, the SWC-PAY User Agreement, and the SWC-PAY Privacy Policy, which form an integral part thereof. When using the term “Agreement”, both the text of this offer and the above documents in their entirety are meant.
(i) recognizes the extract/extracts from electronic logs and files of the server part of the Site, signed by an authorized person of the Company, as suitable and sufficient for presentation when resolving conflict situations and/or disputes in pre-trial proceedings and/or in court, arbitration court, government bodies, other organizations, evidence of the Company’s receipt of funds from the client, evidence of the fact that the Contractor’s reports were sent to the Company, as well as evidence of the content of these statements and confirmations;
(f) liability for non-compliance, invalidity of the conditions, guarantees provided for in clause 2.2. The Agreement, as well as the associated risks of negative consequences, are borne exclusively by the Contractor.
Placing such a mark confirms the Contractor’s unconditional acceptance of all the terms of the Agreement in the form in which it is posted by the Company in the Contractor’s Account on the website https://swc-pay.com.
2.2. By accepting the Agreement in the manner provided for in clause 2.1. of the Agreement, the Contractor hereby confirms and guarantees that:
(a) the information specified by him in the “My Data” section of the Account is complete, reliable and valid and is the data directly of the Contractor himself;
(b) in the case where the Contractor is an individual, such person has reached the age of full legal capacity according to the laws of the country of residence, but in any case, not younger than 18 years of age, and also does not have restrictions on his legal capacity established by a court or other government body;
(c) has actually read the Agreement and all appendices thereto and agrees with their terms unconditionally and in full;
(d) has read and agrees with the SWC-PAY Affiliate Program, the SWC-PAY Brand Use Policy, the SWC-PAY User Agreement, and the SWC-PAY Privacy Policy, which form an integral part thereof. When using the term “Agreement”, both the text of this offer and the above documents in their entirety are meant.
(i) recognizes the extract/extracts from electronic logs and files of the server part of the Site, signed by an authorized person of the Company, as suitable and sufficient for presentation when resolving conflict situations and/or disputes in pre-trial proceedings and/or in court, arbitration court, government bodies, other organizations, evidence of the Company’s receipt of funds from the client, evidence of the fact that the Contractor’s reports were sent to the Company, as well as evidence of the content of these statements and confirmations;
(f) liability for non-compliance, invalidity of the conditions, guarantees provided for in clause 2.2. The Agreement, as well as the associated risks of negative consequences, are borne exclusively by the Contractor.
3. Purpose and subject of the Agreement
3.1. As part of the campaign to popularize the Site, the Contractor, for a fee on behalf of the Company, on its own behalf and at its own expense, using the Company’s software tools, attracts new Internet users of the Site (“Clients”), and the Company undertakes to pay the Contractor a remuneration for services rendered on the terms provided for in this Agreement.
3.2. The implementation of activities provided for in this Agreement is not related to the sale of securities, investments or other financial transactions requiring a license or permission from special authorities.
3.3. Direct transactions with clients (hereinafter referred to as the Transaction) are carried out by the Company. The Company independently determines and establishes the essential terms of the Transaction.
3.4. The services provided for in this Agreement are provided by the Contractor personally. 3.5. Based on the results of the conclusion of Transactions between the Company and clients attracted by the Contractor, the Company pays the Contractor the appropriate remuneration, except for cases provided for in the Agreement.
3.2. The implementation of activities provided for in this Agreement is not related to the sale of securities, investments or other financial transactions requiring a license or permission from special authorities.
3.3. Direct transactions with clients (hereinafter referred to as the Transaction) are carried out by the Company. The Company independently determines and establishes the essential terms of the Transaction.
3.4. The services provided for in this Agreement are provided by the Contractor personally. 3.5. Based on the results of the conclusion of Transactions between the Company and clients attracted by the Contractor, the Company pays the Contractor the appropriate remuneration, except for cases provided for in the Agreement.
4. Responsibilities of the Parties
4.1. The Contractor undertakes:
4.1.1. provide services to the company with an appropriate degree of forethought, with the greatest possible dedication and in accordance with the requirements of current legislation at the place of their provision, within the limits of their own professional competence and within the established time frame;
4.1.2. at the request of the Company, report in writing in a form convenient for the Parties on the activities carried out to attract clients no later than 3 (three) business days from the date of sending the request;
4.1.3. provide accurate and reliable information to potential clients of the Company related to the work of the SWC-PAY project and the Site, and not mislead potential clients regarding their purposes, properties and functions;
4.1.4. not to conduct illegal activities, not to violate the rights and legitimate interests of third parties, and not to take actions or omissions if this could result in damage to the cooperation of the Parties, the business reputation of the Company and its partners;
4.1.5. not to violate the rights to intellectual property of the Company and its partners, including advertisers, as well as any third parties;
4.1.6. not disseminate false and/or defamatory information about the Company, the SWC-PAY group of companies, the company’s partners and/or the SWC-PAY Project, as well as about any individuals, including employees representing organizations from the specified list;
4.1.7. not to take or attempt to take actions aimed at receiving additional remuneration from investments made through another account controlled by the Contractor, registered in the name of the Contractor and/or another person, in the absence of such person’s intention to make investments (the Company has the right to conduct its own verification of compliance The executor of this restriction and apply sanctions based on the results of this inspection);
4.1.8. not to use the personal data of the Company’s clients for personal purposes not related to the provision of services under this Agreement, including for sending messages, verbal invitations, advertising and other information;
4.1.9. do not send emails and other messages to Internet users without their explicit consent and/or in violation of applicable law (spam mailings). The Contractor undertakes to compensate the Company in full for damages, including lost profits resulting from the blocking of the Site, blacklisting of the Site or the Company and similar events that occurred due to spam mailings;
4.2. The company is obliged:
4.2.1. Ensure full and timely fulfillment of its obligations to the Contractor under the Agreement;
4.2.2. Provide the Contractor with up-to-date information about the SWC-PAY Project, the company’s goods and services (including the terms of the Transaction) in the required quantity during the entire term of the Agreement;
4.2.3. Ensure the functionality of the Site and its Internet services, as well as inform the Contractor about possible changes in their work;
4.2.4. Provide consultations on the operation of the SWCPAY project and the Site, necessary for cooperation under the Agreement;
4.2.5. Accept from the Contractor the services provided under the Agreement;
4.2.6. Pay for the Contractor's services in a timely manner;
4.2.7. Organize records of transitions of clients attracted by the Contractor to the Company’s Website.
4.1.1. provide services to the company with an appropriate degree of forethought, with the greatest possible dedication and in accordance with the requirements of current legislation at the place of their provision, within the limits of their own professional competence and within the established time frame;
4.1.2. at the request of the Company, report in writing in a form convenient for the Parties on the activities carried out to attract clients no later than 3 (three) business days from the date of sending the request;
4.1.3. provide accurate and reliable information to potential clients of the Company related to the work of the SWC-PAY project and the Site, and not mislead potential clients regarding their purposes, properties and functions;
4.1.4. not to conduct illegal activities, not to violate the rights and legitimate interests of third parties, and not to take actions or omissions if this could result in damage to the cooperation of the Parties, the business reputation of the Company and its partners;
4.1.5. not to violate the rights to intellectual property of the Company and its partners, including advertisers, as well as any third parties;
4.1.6. not disseminate false and/or defamatory information about the Company, the SWC-PAY group of companies, the company’s partners and/or the SWC-PAY Project, as well as about any individuals, including employees representing organizations from the specified list;
4.1.7. not to take or attempt to take actions aimed at receiving additional remuneration from investments made through another account controlled by the Contractor, registered in the name of the Contractor and/or another person, in the absence of such person’s intention to make investments (the Company has the right to conduct its own verification of compliance The executor of this restriction and apply sanctions based on the results of this inspection);
4.1.8. not to use the personal data of the Company’s clients for personal purposes not related to the provision of services under this Agreement, including for sending messages, verbal invitations, advertising and other information;
4.1.9. do not send emails and other messages to Internet users without their explicit consent and/or in violation of applicable law (spam mailings). The Contractor undertakes to compensate the Company in full for damages, including lost profits resulting from the blocking of the Site, blacklisting of the Site or the Company and similar events that occurred due to spam mailings;
4.2. The company is obliged:
4.2.1. Ensure full and timely fulfillment of its obligations to the Contractor under the Agreement;
4.2.2. Provide the Contractor with up-to-date information about the SWC-PAY Project, the company’s goods and services (including the terms of the Transaction) in the required quantity during the entire term of the Agreement;
4.2.3. Ensure the functionality of the Site and its Internet services, as well as inform the Contractor about possible changes in their work;
4.2.4. Provide consultations on the operation of the SWCPAY project and the Site, necessary for cooperation under the Agreement;
4.2.5. Accept from the Contractor the services provided under the Agreement;
4.2.6. Pay for the Contractor's services in a timely manner;
4.2.7. Organize records of transitions of clients attracted by the Contractor to the Company’s Website.
5. Company Report
5.1. The Company provides a report to the Contractor in the form of information about the status of the Contractor's client (current) account, generated in the Account.
5.2. If there are any objections to the Contractor's report (credited payments), the Contractor must notify the company about them within seven days from the date of payment. Otherwise, the report is considered accepted by the Contractor.
5.2. If there are any objections to the Contractor's report (credited payments), the Contractor must notify the company about them within seven days from the date of payment. Otherwise, the report is considered accepted by the Contractor.
6. Remuneration and payment procedure
6.1. The remuneration amount is set with the following conditions of the SWC-PAY Affiliate Program:
6.1.1. 1st level (25%): at the first level of the referral program, the Contractor receives 25% of the total amount of the SWC-PAY commission earned from the first client attracted by the Contractor.
6.1.2. 2nd level (10%): at the second level of the referral program, the Contractor receives 10% of the earned SWC-PAY commission from the decision of an attracted client to become a participant in the referral program and a new client independently attracted by the same participant.
6.1.3. 3rd level (5%): at the third level of the referral program, the Contractor receives 5% of the SWC-PAY commission from all new attracted clients who were already attracted by participants in the referral program and brought by the Contractor.
6.2. Also, the duration of accrual of remuneration depends on the current status of the Contractor, determined in accordance with the following conditions:
6.2.2. “White” status - If there are less than 5 (five) attracted clients, interest on attracted clients is paid for 1 (one) calendar year.
6.2.3. “Gold” status - If there are more than 5 (five) but less than 10 (ten) attracted clients, the interest for the attracted clients is paid for a long period - 5 (five) calendar years.
6.2.4. “Platinum” status - If there are 10 or more attracted clients, the percentage for the attracted clients is paid throughout the entire life of the Company.
6.3. Accounting of clients and the total amount of client payments to the Company’s account are determined based on the information provided by the software and hardware complex of the Site.
6.4. The Company pays remuneration by transferring funds to the details of the Contractor's payment instrument specified in the personal Account, in phased payments according to the Contractor's electronic applications sent through the Account, within 7 (seven) calendar days from the date of receipt of the corresponding application.
6.5. Any commissions of payment systems, exchanges, and operators accrued during mutual settlements under the Agreement are borne by the Contractor and deducted when the corresponding remuneration is paid to the Contractor.
6.6. The company is not a tax agent and is not responsible for the fulfillment of tax obligations by the Contractor. The Contractor independently pays the taxes applicable to him in connection with the receipt of remuneration under the Agreement. The amounts of remuneration paid to the Contractor are complete and include any applicable tax.
6.7. In as of violation of pp. 4.1.3–4.1.9 of the Agreement, the Company has the right not to accrue or pay remuneration to the Contractor in an amount determined at its discretion.
6.1.1. 1st level (25%): at the first level of the referral program, the Contractor receives 25% of the total amount of the SWC-PAY commission earned from the first client attracted by the Contractor.
6.1.2. 2nd level (10%): at the second level of the referral program, the Contractor receives 10% of the earned SWC-PAY commission from the decision of an attracted client to become a participant in the referral program and a new client independently attracted by the same participant.
6.1.3. 3rd level (5%): at the third level of the referral program, the Contractor receives 5% of the SWC-PAY commission from all new attracted clients who were already attracted by participants in the referral program and brought by the Contractor.
6.2. Also, the duration of accrual of remuneration depends on the current status of the Contractor, determined in accordance with the following conditions:
6.2.2. “White” status - If there are less than 5 (five) attracted clients, interest on attracted clients is paid for 1 (one) calendar year.
6.2.3. “Gold” status - If there are more than 5 (five) but less than 10 (ten) attracted clients, the interest for the attracted clients is paid for a long period - 5 (five) calendar years.
6.2.4. “Platinum” status - If there are 10 or more attracted clients, the percentage for the attracted clients is paid throughout the entire life of the Company.
6.3. Accounting of clients and the total amount of client payments to the Company’s account are determined based on the information provided by the software and hardware complex of the Site.
6.4. The Company pays remuneration by transferring funds to the details of the Contractor's payment instrument specified in the personal Account, in phased payments according to the Contractor's electronic applications sent through the Account, within 7 (seven) calendar days from the date of receipt of the corresponding application.
6.5. Any commissions of payment systems, exchanges, and operators accrued during mutual settlements under the Agreement are borne by the Contractor and deducted when the corresponding remuneration is paid to the Contractor.
6.6. The company is not a tax agent and is not responsible for the fulfillment of tax obligations by the Contractor. The Contractor independently pays the taxes applicable to him in connection with the receipt of remuneration under the Agreement. The amounts of remuneration paid to the Contractor are complete and include any applicable tax.
6.7. In as of violation of pp. 4.1.3–4.1.9 of the Agreement, the Company has the right not to accrue or pay remuneration to the Contractor in an amount determined at its discretion.
7. Limitation of Liability
7.1. The Company is not responsible for technical malfunctions and other failures in the operation of the Site and Account that arose through no fault of the Company, including for the consequences of such failures.
7.2. The Contractor is not liable for the Company’s obligations to third parties.
7.3. The Contractor is not responsible for losses that may arise for clients because of Transactions or other participation in the SWC-PAY Project.
7.4. The Company is not responsible for the Contractor's obligations to third parties, including obligations to calculate and pay any duties, fees, taxes, and other payments.
7.2. The Contractor is not liable for the Company’s obligations to third parties.
7.3. The Contractor is not responsible for losses that may arise for clients because of Transactions or other participation in the SWC-PAY Project.
7.4. The Company is not responsible for the Contractor's obligations to third parties, including obligations to calculate and pay any duties, fees, taxes, and other payments.
8. Force majeure circumstances
8.1. The Parties are released from liability for untimely fulfillment or failure to fulfill obligations caused by force majeure circumstances, including, but not limited to, the action, inaction or refusal to cooperate of the other Party (including, without limitation, legal entities or individuals who are under the control of such Party or their respective officers, directors, employees, other personnel and agents) caused by fire or other accident, act of God, epidemic, strike or labor dispute, hostilities or other disturbances, or any laws, regulations or requirements of any governmental authority or institutions.
8.2. If a force majeure circumstance directly affected the fulfillment of obligations within the period established in the Agreement, the deadline for fulfilling obligations is postponed in proportion to the duration of the relevant circumstance, but not more than 3 months.
8.3. The Party for which it is impossible to fulfill its obligations notifies the other Party about this, along with an indication of the occurrence of force majeure circumstances within 3 (three) business days from the date of their occurrence and with the attachment of documents certifying the occurrence of these circumstances.
8.4. Failure to notify or untimely notification of the other Party about the occurrence of force majeure circumstances entails the loss of the right to refer to these circumstances.
8.5. If force majeure circumstances persist for more than 3 months, then each of the Parties has the right to terminate this Agreement, and in this case, neither of the Parties has the right to demand compensation for losses or lost profits.
8.2. If a force majeure circumstance directly affected the fulfillment of obligations within the period established in the Agreement, the deadline for fulfilling obligations is postponed in proportion to the duration of the relevant circumstance, but not more than 3 months.
8.3. The Party for which it is impossible to fulfill its obligations notifies the other Party about this, along with an indication of the occurrence of force majeure circumstances within 3 (three) business days from the date of their occurrence and with the attachment of documents certifying the occurrence of these circumstances.
8.4. Failure to notify or untimely notification of the other Party about the occurrence of force majeure circumstances entails the loss of the right to refer to these circumstances.
8.5. If force majeure circumstances persist for more than 3 months, then each of the Parties has the right to terminate this Agreement, and in this case, neither of the Parties has the right to demand compensation for losses or lost profits.
9. Resolution of controversial issues
9.1. The law governing this Agreement is the substantive and procedural law of the Republic of Poland.
9.2. The parties undertake to take all necessary measures to resolve any disputes through negotiations.
9.3. Disputed issues between the Parties that are not resolved through negotiations are subject to consideration in the claims procedure. Claims (statements, complaints and other appeals of this kind, hereinafter collectively referred to as “claims”) are sent by the Parties to each other by registered mail with acknowledgment of receipt, a scanned image of the claim on paper - to an email address, by express mail, or handed to the other Party in person under signature, while for sending by mail the Contractor's postal address indicated in the account and the company's postal address specified in this Agreement are used.
9.4. Claims are considered: by the Company - no later than thirty days from the date of receipt, and those that do not require additional study and verification - no later than fifteen days; By the contractor - no later than fifteen days from the date of receipt. When considering a claim, the company has the right to request additional documents and information from the person who applied (hereinafter referred to as the “applicant”), and the period for consideration of the claim is increased by the period for submitting the documents, but not more than by 10 (ten) days.
9.5. The claim may be left by the company without consideration if it is submitted again, i.e. does not contain new data, and all the arguments set out in it were previously fully and objectively considered, and the applicant was given a response. At the same time, the applicant is sent a notice of dismissal of the claim without consideration with reference to the previously given response.
9.6. If it is impossible to resolve a dispute, disagreement or claim arising from or in connection with this Agreement, including in connection with its conclusion, interpretation, execution, violation, termination, or invalidity, they must be finally resolved in the competent court at the location of the defendant.
9.2. The parties undertake to take all necessary measures to resolve any disputes through negotiations.
9.3. Disputed issues between the Parties that are not resolved through negotiations are subject to consideration in the claims procedure. Claims (statements, complaints and other appeals of this kind, hereinafter collectively referred to as “claims”) are sent by the Parties to each other by registered mail with acknowledgment of receipt, a scanned image of the claim on paper - to an email address, by express mail, or handed to the other Party in person under signature, while for sending by mail the Contractor's postal address indicated in the account and the company's postal address specified in this Agreement are used.
9.4. Claims are considered: by the Company - no later than thirty days from the date of receipt, and those that do not require additional study and verification - no later than fifteen days; By the contractor - no later than fifteen days from the date of receipt. When considering a claim, the company has the right to request additional documents and information from the person who applied (hereinafter referred to as the “applicant”), and the period for consideration of the claim is increased by the period for submitting the documents, but not more than by 10 (ten) days.
9.5. The claim may be left by the company without consideration if it is submitted again, i.e. does not contain new data, and all the arguments set out in it were previously fully and objectively considered, and the applicant was given a response. At the same time, the applicant is sent a notice of dismissal of the claim without consideration with reference to the previously given response.
9.6. If it is impossible to resolve a dispute, disagreement or claim arising from or in connection with this Agreement, including in connection with its conclusion, interpretation, execution, violation, termination, or invalidity, they must be finally resolved in the competent court at the location of the defendant.
10. Duration of the Agreement
10.1. The Agreement comes into force from the moment the Contractor accepts its terms and until the Parties fully fulfill their obligations under the Agreement.
10.2. For the purposes of maintaining records within the framework of business activities, the Parties establish that the date of acceptance is considered the date of conclusion of the Agreement.
10.2. For the purposes of maintaining records within the framework of business activities, the Parties establish that the date of acceptance is considered the date of conclusion of the Agreement.
11. Amendment of the Agreement
11.1. The Company has the right to change the terms of the Agreement, update the text of this offer and other documents constituting the Agreement, unilaterally without prior notice to the contractor. Information about the changes made is published on the Site, and the new version of the Agreement is posted in the Contractor’s Account.
11.2. The Contractor undertakes to independently monitor changes made by the Company and affect the terms of cooperation and solely bears all risks in full associated with non-fulfillment or improper fulfillment of its obligations under this clause of the Agreement. The fact that the Contractor continues to fulfill its obligations under the Agreement means the Contractor’s agreement with the new conditions.
11.3. The Contractor has no right to in any way transfer its rights and obligations under this Agreement to third parties without the prior written consent of the Company.
11.2. The Contractor undertakes to independently monitor changes made by the Company and affect the terms of cooperation and solely bears all risks in full associated with non-fulfillment or improper fulfillment of its obligations under this clause of the Agreement. The fact that the Contractor continues to fulfill its obligations under the Agreement means the Contractor’s agreement with the new conditions.
11.3. The Contractor has no right to in any way transfer its rights and obligations under this Agreement to third parties without the prior written consent of the Company.
12. Termination of the Agreement
12.1. This Agreement may be terminated by either Party at any time, regardless of the presence or absence of grounds, by sending written notice to the other Party at least 14 (fourteen) days before the actual date of termination.
12.2. If by the time of termination of the Agreement the Contractor has not submitted orders for the payment of remuneration accrued and reflected in the account, the Company has the right to transfer the remuneration to the account of the Contractor, the details of which are indicated in the Contractor's account.
12.3. Termination of this Agreement for any reason should not affect the rights, methods of protection and liability of any Party, including the implementation of mutual settlements at the time of termination of this Agreement, as well as obligations the fulfillment of which began before the termination of the Agreement and cannot be terminated. After the commencement of the procedure for termination of the Agreement, the Company has the right to withhold from the Contractor’s funds all amounts due to the company as the rights to receive them arise.
12.4. The Contractor agrees that the Company has the right to unmotivatedly refuse to fulfill the Agreement in whole or in part at any time without prior notice to the Contractor and block his access to the relevant functionality of the Account if it considers such an action appropriate in the interests of the Company’s work. In case of such refusal, the Company undertakes to pay the remuneration earned in good faith by the Contractor until the moment the Company refuses to fulfill the Agreement.
12.5. In case of violation of clause 4.1. Agreement, the Company has the right to block the Contractor’s access to the account (and all identified accounts controlled by the violator) for any period, at its discretion.
12.2. If by the time of termination of the Agreement the Contractor has not submitted orders for the payment of remuneration accrued and reflected in the account, the Company has the right to transfer the remuneration to the account of the Contractor, the details of which are indicated in the Contractor's account.
12.3. Termination of this Agreement for any reason should not affect the rights, methods of protection and liability of any Party, including the implementation of mutual settlements at the time of termination of this Agreement, as well as obligations the fulfillment of which began before the termination of the Agreement and cannot be terminated. After the commencement of the procedure for termination of the Agreement, the Company has the right to withhold from the Contractor’s funds all amounts due to the company as the rights to receive them arise.
12.4. The Contractor agrees that the Company has the right to unmotivatedly refuse to fulfill the Agreement in whole or in part at any time without prior notice to the Contractor and block his access to the relevant functionality of the Account if it considers such an action appropriate in the interests of the Company’s work. In case of such refusal, the Company undertakes to pay the remuneration earned in good faith by the Contractor until the moment the Company refuses to fulfill the Agreement.
12.5. In case of violation of clause 4.1. Agreement, the Company has the right to block the Contractor’s access to the account (and all identified accounts controlled by the violator) for any period, at its discretion.
13. Messaging, document flow
13.1. Unless otherwise agreed in writing, each Party may consider that the other Party agrees to the sending of confidential and non-confidential information and other messages provided for in this Agreement through the Account on the Site.
13.2. The parties understand that the Internet is not reliable and electronic communications may be garbled, may not be delivered promptly (or may not be delivered at all), and other methods of communication may be more reliable. In addition, there is a possibility of electronic information being infected by viruses that exist on the Internet. Each Party is responsible for protecting its own systems and interests and, to the extent permitted by law, shall not be liable to the other Party, regardless of the basis of liability (contract, tort or otherwise), for losses incurred, damages caused or omissions of any kind, arising from the use of the Internet as a means of communication.
13.3. Identification of the Contractor submitting documents (applications, instructions, etc.) to the Company is carried out based on the Contractor’s authorization (entering a unique login and password) when entering the Account.
13.4. At the request of the Contractor, the Company independently generates a Certificate of provision of services under the Agreement in electronic form within three calendar days from the date of such request. If the justification for refusal to accept the Service Provision Certificate is not provided within three working days from the date of sending such a certificate to the Contractor, the Service Provision Certificate generated by the Company is considered agreed upon and signed by the Parties if there is a certifying signature of the Company (including in electronic form) or its authorized representative.
13.2. The parties understand that the Internet is not reliable and electronic communications may be garbled, may not be delivered promptly (or may not be delivered at all), and other methods of communication may be more reliable. In addition, there is a possibility of electronic information being infected by viruses that exist on the Internet. Each Party is responsible for protecting its own systems and interests and, to the extent permitted by law, shall not be liable to the other Party, regardless of the basis of liability (contract, tort or otherwise), for losses incurred, damages caused or omissions of any kind, arising from the use of the Internet as a means of communication.
13.3. Identification of the Contractor submitting documents (applications, instructions, etc.) to the Company is carried out based on the Contractor’s authorization (entering a unique login and password) when entering the Account.
13.4. At the request of the Contractor, the Company independently generates a Certificate of provision of services under the Agreement in electronic form within three calendar days from the date of such request. If the justification for refusal to accept the Service Provision Certificate is not provided within three working days from the date of sending such a certificate to the Contractor, the Service Provision Certificate generated by the Company is considered agreed upon and signed by the Parties if there is a certifying signature of the Company (including in electronic form) or its authorized representative.
•
•
SWC Pay 2025 All rights reserved
•
•
•
About us
Resources
Services
