Belkasoft Public Offer
1. General provisions
This Offer represents an official proposal of the Belkasoft LLC (hereinafter
referred to as the "Vendor"), it concerns the purchasing Belkasoft software pieces,
and also expresses the intention to conclude the Public Offer Agreement for the
delivery of software under the terms stated in the present Offer.
The present document is classified as a Public Offer and in case a legal body
or an individual accepts the conditions of the present public offer he/she is obliged
to pay for the Vendor's software on the terms and subject to the conditions contained
in this Agreement.
An Offer is a proposal addressed to one or several persons, which
is considerably defined and expresses the intention of the person making the proposal
to enter into contract with an offeree who accepts the present proposal. Acceptance
- is a final and unqualified expression of the Customer's willingness to assent
to the terms of the Offer.
In connection with the abovementioned information please be sure to read the
following Offer with maximum attention and if you do not agree with any paragraph
of the present proposal the Vendor offers you to decline the software purchase.
2. The subject of the Offer
The subject of the present offer is the delivery of paid software pieces from
the Vendor to the Customer on the terms and subject to the conditions contained
in this Offer.
3. Vendor's rights and obligations
3.1. The Vendor provides the Customer with a possibility to download and purchase
its software on the site https://belkasoft.com
(hereinafter referred to as the Site) and also to employ additional services on
terms of the purchased support subscription.
3.2. On the next business day after the Customer completes the payment and the
Vendor receives the payment on its operating account the delivery of software starts.
4. Customer's obligations
4.1. Provide Vendor with the Customer's real name, organization name and shipping
address.
4.2. Pay for the software in accordance with the software price list available
at the Vendor's site at https://belkasoft.com/pricing.
5. Offer contraction order and alteration of its terms
5.1 The Agreement is considered to be concluded, i.e. completely and irrevocably
Accepted by the Customer if he/she completes the software registration procedure.
By doing this the Customer also accepts Terms of use, available at
https://belkasoft.com/terms.
The most recent edition of the present Offer Agreement is accessible on the Vendor's
Site.
5.2. The Vendor reserves a right to alter the terms of the Agreement, notifying
customers on the matter of alterations by publishing the corresponding information
on the Site.
6. Price of Software and Payment Procedure
6.1. The cost of software is published at the Vendor's Site at
https://belkasoft.com/pricing.
6.2. One year of free support is included to each software package.
6.3. The support subscription remains valid for one year since the day after
the Vendor receives money on its operating account.
6.4. To keep the software up-to-date, the Customer should renew the support subscription
one year after the initial purchase and then each one year. The cost of the subscription
is published at the Vendor's Site at
https://belkasoft.com/pricing.
6.5. If the Customer does not renew the subscription one year after the purchase/last
renewal, he/she looses the right to use the latest version of the software. However,
it is allowed to use the version which was available during the subscription period.
6.6. To purchase the software, the Customer should do a wire transfer to the
Vendor's bank account or register online using Plimus, Vendor's e-commerce provider.
6.7. To prove the payment, the Customer should send Vendor a SWIFT copy via email
or provide an credit card processing company receipt (Stripe or another one
used).
7. Responsibility of the Parties
7.1. While settling disputes that are not provided in this Agreement both parties
refer to the legislation of the USA in force.
7.2. Disagreements and disputes on the matters provided in this Agreement are
settled by means of discussion between the parties. In case disagreements and
disputes cannot by settled by means of discussion they are forwarded to a court
of Sunnyvale, USA.
7.3. The Vendor is not responsible for any direct or consequential damage dealt
to the Customer as a result of employment or unemployment of provided software or
the damage dealt as a result of Customer's mistakes.
8. Effective period of the Offer and terms of its alteration
8.1. The Offer comes into force after the Customer Accepts it (see par.5.1).
The Offer remains effective:
- until the Vendor fulfills its obligations regarding the delivery of software or
- until the termination of the present Offer Agreement.
8.2. In case the Vendor withdraws the Offer while it is in effect the Offer is
considered to be terminated from the moment of withdrawal. The Agreement cannot
be withdrawn for already paid software and support subscription.
8.3. The Customer may terminate the Agreement only if the Offer has been significantly
violated by the Vendor in accordance with current legislation and terms of the present
Offer.
9. Other terms and conditions
9.1. All questions that are not provided in the present Offer are governed by
legislation currently in force in the United States.
