PUBLIC AGREEMENT (OFFER)
O USE OF THE SITE AND SERVICES RADCHENKOVY.COM
(THE REVISION IS VALID FROM 11.11.2016)
(THE REVISION IS VALID FROM 11.11.2016)
1. General Provisions
1.1 This document is a PUBLIC AGREEMENT of radchenkovy.com (hereinafter referred to as the Contractor) and contains all the essential conditions for the provision of information and consulting services.
1.2 Any person who has visited radchenkovy.com website or other websites hosted on radchenkovy.com subdomains that intend to acquire this or that information and advisory service and pay for the receipt of information and advisory services becomes the Customer.
2. The subject of the PUBLIC AGREEMENT
2.1. The subject of this PUBLIC AGREEMENT is the provision of information and consulting services to the Customer on the use of the ThinkOrSwim technical analysis platform on a monthly subscription basis.
3. Terms and conditions of service
3.1. The Contractor provides information and consulting services on a monthly subscription basis.
3.2. The subscription starts from the moment the first payment is made for the Customer’s chosen Subscription Period.
3.3. The fact of making the first payment is the unconditional acceptance by the Customer of this PUBLIC AGREEMENT. A customer who has used the services of the Contractor is considered as a person who has entered into a contractual relationship with the Contractor.
3.4. Application for Information and Advisory Services is made on the radchenkovy.com website or on other websites located on radchenkovy.com subdomains, or by sending a letter to the address email@example.com.
3.5. After completing the Application, the Customer pays a subscription to the Information and Advisory Services for the agreed subscription period under this contract without invoicing with the mandatory indication of the Customer’s email.
3.6. At the time of payment, the Customer agrees to the processing and storage of their personal data in accordance with the current legislation of the Contractor’s location.
3.7. Necessary instructions on the use of ThinkOrSwim software are sent to the Customer from the e-mail: firstname.lastname@example.org or through the system of personal messages in public social networks only after receipt of 100% of the Customer’s funds for the selected subscription period to the Contractor’s account.
3.8. The Contractor undertakes to provide the Customer with information and consulting services in the form specified in clause 3.7 within 24 hours of receipt of 100% payment for the selected subscription period.
3.9. In case the Customer has paid and did not receive instructions within 24 hours after payment, it is necessary to contact support (email@example.com) by providing a link to a copy of the payment receipt.
3.10. This contract has the force of the Service Act.
3.11. The absence of substantiated claims and claims for the return of funds in accordance with section 4 of this contract within 48 hours after payment, means that the services for the period of subscription are rendered on time and of good quality. Acceptance is made without signing acts.
3.12. The Contractor reserves the right to disconnect the Customer from the subscription to the information and consulting services without the right to refund in case of violation of the rules specified in the instructions that are sent to the Customer at the time the service is started.
3.13. Services are provided for personal use by the Customer. It is prohibited to transfer access details and instructions to third parties for their sharing without the express permission of the Contractor. The Contractor reserves the right to disconnect from the subscription to information and consulting services without the right to refund, in case of violation of this prohibition.
4. Conditions and procedures for the return of funds for information and advisory services.
4.1. Refunds are possible within 48 hours after receipt of the payment, including payment as part of the renewal of the subscription.
4.2. To receive a return, the Customer must send a request to return to the support service within the established period.
4.3. The absence of substantiated claims and demands for the return of funds within the prescribed period means that the services are rendered on time and in good quality. From this point on, no refund will be made.
4.4. After 48 hours after the payment, or after the actual start of the provision of services, or after the end of the subscription period for the services of the Contractor, , or in the case of force majeure in accordance with clause 5.9. of this Agreement, the refund is also not carried out.
5. Responsibility of the parties and guarantees.
5.1. If during the paid subscription period for the Contractor’s services the instructions become inactive, the Contractor undertakes to provide new instructions within 5 working days, except for the cases specified in clauses 3.12 and 5.9.
5.2. The customer is obliged to ensure the uninterrupted operation of the Internet channel, equipment, and software for its part during the subscription to the Contractor’s services.
5.3. The Contractor shall not be liable for the impossibility of serving the Customer for reasons related to the disruption of the Internet channel, equipment, or software on the part of the Customer.
5.4. In the case when the application contains inaccurate or incomplete data, the Contractor shall not be liable to the Customer for the provision of information materials on erroneously specified data not to the Customer, but to third parties.
5.5. The Contractor shall not be liable for the manner in which the Customer used the information obtained during the information and consulting service and for the results of its use by the Customer.
5.6. The Contractor shall not be liable in the event of an improper provision of the service, if the improper performance was the result of inaccuracy, insufficiency or untimely information provided by the Customer, as well as due to other violations of the terms of this Agreement by the Customer
5.7. The Contractor shall not be liable for the discrepancy of the provided service to the Customer’s expectations and / or for his subjective assessment, such non-compliance with expectations and / or negative subjective assessment are not grounds for the return of the paid funds.
5.8. The Contractor shall be released from liability for full or partial failure to fulfill obligations under this Agreement, if this failure resulted from force majeure circumstances that arose after the conclusion of the Agreement, as a result of emergency events that the Parties could neither foresee nor prevent by reasonable measures (force majeure).
5.9. The contractor is released from guarantees and obligations in cases where TD Ameritrade and Thinkorswim will close, go bankrupt, stop accepting new customers, massively block / disable access to accounts, enable subscription fees for Real-time quotes, or change its policy in such a way that the Contractor will not be able to open new accounts in any further way. Such events are considered force majeure and are not grounds for refund of the money paid.
5.10. The total liability of the Contractor under the PUBLIC AGREEMENT, for any claim or claim in respect of the PUBLIC AGREEMENT or its performance, is limited to the number of services paid to the Contractor, but not yet provided under the PUBLIC AGREEMENT.
5.11. For non-fulfillment or improper fulfillment of obligations under this public PUBLIC AGREEMENT, the Parties shall be liable in accordance with the current legislation of the location of the Contractor.
6. Intellectual property
6.1. All informational materials provided by the Contractor to the Customer in the process of providing services, as well as photo and video filming, are the intellectual property of the Contractor, all rights to which are protected by the law of the location of the Contractor.
6.2. Illegal use (reproduction, distribution, importing, public display, etc.) of the specified materials, information, works, and manuals of the Contractor without the written consent of the latter entails civil, administrative, and other liability in accordance with the current legislation of the Contractor’s location.
7. Duration and amendment of the PUBLIC AGREEMENT
7.1. The Agreement enters into force from the moment of its conclusion (the Acceptance of the PUBLIC AGREEMENT) and is valid until the Parties fulfill their obligations.
7.2. All disputes and controversies are resolved by negotiation of the Parties.
7.3. All issues not regulated by this PUBLIC AGREEMENT are resolved in accordance with the current legislation, the location of the Contractor.