Public Contract for Remunerated Provision of Services
This Public Contract (hereinafter referred to as the "Contract") establishes the procedure for the provision of information services, as well as the mutual rights, obligations, and relationship procedures between the Limited Liability Company “Goescape” (hereinafter referred to as the "Provider") and the consumer of services (hereinafter referred to as the "Client"), who has accepted the public offer to enter into this Contract. Collectively, they are referred to as the "Parties," and individually as a "Party."
1. Subject of the Contract
1.1. In accordance with the terms of the Contract, the Provider undertakes to render services to the Client via the global computer network Internet, and the Client undertakes to accept and fully pay for the services rendered in accordance with the terms of the Contract.
1.2. The Services include:
services for placing the Client's materials on relevant pages of the Provider's website;
services for attracting clients for the sale of the Client's goods and services;
services for providing access to the Client’s Personal Account on the Provider’s website;
technical and informational support, as well as assistance in using the Provider’s website.
1.3. The Provider is entitled to establish and communicate to the Client the Rules for using the website, which shall become mandatory for the Client upon their approval.
1.4. The provision of Services is governed by this Contract and its Supplementary Agreements.
1.5. Supplementary Agreements to the Contract are an integral part of the Contract.
1.6. The processing of personal data is carried out by the Provider in accordance with the Privacy Policy, available at https://extrareality.lv/lv/riga/blog/privacy-policy, which is an integral part of the Contract.
2. Procedure for Entering into the Contract
2.1. This Contract is a public contract under which the Provider undertakes to render Services to an indefinite number of individuals (Clients) who request such Services.
2.2. The publication (posting) of the text of this Contract on the website at the following address: https://extrareality.lv/lv/riga/blog/public-offer constitutes a public offer (offer) by the Provider addressed to an indefinite number of individuals to enter into this Contract.
2.3. The conclusion of this Contract is carried out by the Client joining this Contract, i.e., by fully accepting (accepting) the terms of this Contract without any conditions, exceptions, or reservations.
2.4. The Client's acceptance of the terms of this Contract is evidenced by the payment for the Services ordered by the Client in the manner and under the conditions specified in this Contract.
2.5. This Contract, provided the acceptance procedure is observed, is considered concluded in a simple written form.
3. Duration of the Contract and Termination Procedure
3.1. The Contract comes into force upon acceptance of this Public Contract, i.e., from the moment the funds paid by the Client for the ordered Services are credited to the Provider's bank account, in accordance with the issued payment request for the ordered Services.
3.2. This Contract is valid for an indefinite period until terminated in accordance with the procedures established by this Contract.
3.3. This Contract may be terminated:
3.3.1. By mutual agreement of the Parties;
3.3.2. Unilaterally by the Client in accordance with clause 7.3.3 of this Contract;
3.3.3. Unilaterally by the Provider in accordance with clause 7.4.2 of this Contract.
4. Service Provision Period
4.1. Services are provided to the Client from the moment the prepayment funds are credited to the Provider's bank account until the signing of the Certificate of Completion. The minimum service provision period is 1 month.
4.2. The reporting period is a calendar month.
4.3. If the Client intends to discontinue the services, they must notify the Provider no less than 10 business days in advance. In this case, the prepayment made for the Provider's services is non-refundable and will be used until fully depleted.
4.4. The storage and processing of information in the Client’s personal account on the Provider’s website are carried out for a period determined solely by the Provider. This period shall not be less than 1 (one) month after the end of the reporting period and not more than 60 (sixty) months after the end of the reporting period. The Provider reserves the right to delete the Client’s data generated and obtained during the service provision upon expiration of this period.
5. Cost of Services
5.1. The cost of services under the Contract is determined according to the following Provider's rate:
Base commission: 15% of the order amount.
By mutual agreement between the Client and the Provider, the cost of services may be adjusted, which will be reflected in the invoice. Payment of the invoice by the Client constitutes confirmation of the agreed price between the Provider and the Client.
5.2. By paying the invoice, the Client confirms their agreement with the cost of services and the Provider's rates.
5.3. The Client's payment obligations for the Provider's services are considered fulfilled once the funds are credited to the Provider's bank account.
5.4. Payments by legal entities are made in euros.
6. Payment Procedure
6.1. The payment procedure requires 100% payment for the provided services.
6.2. Payment must be made to the Provider's bank account within 5 (five) business days from the date the Provider issues a reconciliation statement.
6.3. In the absence of payment, the provision of services will be suspended. In such a case, the Client will lose access to managing their product(s) in the Personal Account on the Provider's website.
6.4. The Client pays for the services by transferring funds to the Provider's bank account.
6.5. The payment date is considered the date the funds are credited to the Provider's bank account.
7. Rights and Obligations of the Parties
7.1. The Client undertakes to:
7.1.1. Pay for the Services in the amounts and within the deadlines specified in the Contract and invoices.
7.1.2. Timely provide the Provider with all necessary information and documentation required for the provision of Services.
7.1.3. Independently ensure the accuracy and relevance of the information provided.
7.1.4. Guarantee that the materials submitted by the Client comply with the laws of the Republic of Latvia regarding copyright and related rights, as well as protection against unfair competition.
7.1.5. Accept the provided Services in accordance with the terms of the Contract.
7.1.6. Not disclose information received from the Provider in connection with the provision of services under the Contract to third parties, nor use it in any way that may harm the Provider's interests.
7.1.7. Notify the Provider of the termination of the Contract via registered mail, email, or messaging applications.
7.1.8. Check their email, messaging applications, and postal and legal addresses daily, as provided in the details, to ensure timely receipt of invoices for Services and other important information from the Provider.
7.2. The Provider undertakes to:
7.2.1. Provide Services in a timely and quality manner in accordance with the terms of the Contract.
7.2.2. Not disclose or share the Client’s documentation with third parties, except in response to official requests from competent state authorities.
7.2.3. Notify the Client of the termination of the Contract via registered mail, email, or messaging applications.
7.2.4. Check their email and messaging applications daily to ensure timely receipt of invoices from the Client and other important information.
7.3. Client's Rights
7.3.1. The Client has the right to monitor the provision of Services without interfering with the Provider’s operations.
7.3.2. The Client may request oral or written explanations from the Contractor regarding the Services, which must be provided within three business days of the request.
7.3.3. The Client may terminate the Contract by giving 10 business days' notice.
7.3.4. The Client may terminate the Conratct if they disagree with changes or additions made to the Contract by the Provider.
7.4. Provider's Rights
7.4.1. The Provider has the right to demand payment for the provided Services.
7.4.2. The Provider may terminate the Contract by notifying the Client through registered mail, email, or messenger services.
7.4.3. The Provider may request information from the Client necessary to fulfill their obligations. If the information provided is incomplete, incorrect, or not supplied, the Provider may suspend the provision of Services until the necessary information is provided.
7.4.4. The Provider may engage third parties to provide Services to the Client.
7.4.5. The Provider may use information obtained during the provision of Services for statistical and analytical purposes.
7.4.6. The Provider may suspend the provision of Services until the Client fulfills their obligations or if violations specified in clauses 7.1.1–7.1.8 of this Contract are identified.
7.4.8. If the Client improperly fulfills their obligations or violates the conditions outlined in clauses 7.1.1–7.1.8 of the Contract, the Provider may block access to the Client’s Personal Account on the Provider's website.
8. Procedure for the Delivery and Acceptance of Services
8.1. Within 10 (ten) calendar days after the end of the reporting period, the Provider shall deliver to the Client, via postal service, email, or messenger service, a Certificate of Completion (hereinafter referred to as the "Certificate") in electronic form or in 2 (two) copies if provided on paper.
8.2. Within 5 (five) business days from the receipt of the Certificate, the Client must either accept the services specified in the Certificate by signing it or send the Provider written, substantiated objections to the Certificate via registered mail, email, or messenger service. The receipt date of the Certificate is determined as follows:
- If sent by postal service: the date the Client receives the envelope containing the paper Certificate.
- If sent electronically: the date the Client receives the email or message containing the Certificate in electronic form.
8.3. The Parties agree that if the Client does not provide the Provider with written, substantiated objections to the Certificate within five business days of receipt, the Certificate will be deemed signed by the Client, and the services specified therein will be considered properly rendered and accepted by the Client.
9. Responsibility of the Parties
9.1. The Parties are liable for non-fulfillment or improper fulfillment of their obligations under the Contract in accordance with the terms of the Contract and the laws of the Republic of Latvia.
9.2. The Provider shall not be held responsible for any losses or lost profits caused by third parties and/or for damages directly or indirectly related to the provision of services to the Client as stipulated in this Contract.
9.3. In case of the Client's breach of obligations specified in clauses 7.1.1 - 7.1.8 of this Contract, the Client shall pay the Provider a penalty equivalent to one base value unit for each instance of violation.
10. Confidentiality
10.1. Commercial information obtained by the Parties and their employees in connection with the provision of Services to the Client is considered confidential (hereinafter referred to as "Confidential Information") and must not be disclosed to third parties without prior written consent from an authorized official of the respective Party, except as outlined in clause 7.4.5 of the Contract. This restriction does not apply to information that:
- Must be disclosed under applicable legislation or as part of the Provider's duties;
- Is publicly known at the time of disclosure, including information that has been published or made available to the public without breaching this Contract or any fault of the Parties or their employees;
- Was already known to the other Party or became known during negotiations or project execution without violating this Contract.
- If the disclosed information is already known to the receiving Party, the latter must immediately inform the disclosing Party.
10.2. Each Party agrees to use Confidential Information solely for the purpose of performing joint work and will restrict access to this information to individuals directly involved in such work, except as specified in clause 7.4.5 of the Contract. The Parties must ensure that their employees, consultants, affiliates, subsidiaries, and contractors maintain the confidentiality of this information.
10.3. Unless otherwise agreed by the Parties, Confidential Information remains the intellectual property of the disclosing Party.
10.4. The Provider may, at its discretion, reference and disclose the fact of providing Services to the Client, as well as provide a general description of the Services in its written (or oral) materials, including but not limited to its website, presentations, printed or digital products, and other forms of communication.
11. Dispute Resolution under the Contract
11.1. The Parties are required to follow the pre-judicial procedure for resolving disputes under the Contract.
11.2. Claims letters must be sent by the Parties via registered postal mail to the Parties' respective addresses.
11.3. Sending claims letters by any method other than specified in clause 11.2 of the Contract is not permitted.
11.4. The term for reviewing a claims letter is ten business days from the date the letter is received by the recipient.
11.5. Disputes under the Contract are resolved in court in accordance with applicable legislation.
12. Force Majeure
12.1. The Parties are released from liability for full or partial failure to fulfill their obligations under the Contract if such failure is caused by force majeure circumstances, including but not limited to: fire, flood, earthquake, strikes, war, actions by government authorities, third parties, or other circumstances beyond the Parties’ control.
12.2. The Party unable to fulfill its obligations under the Contract due to force majeure must promptly, but no later than five calendar days after the occurrence of such circumstances, notify the other Party in writing and provide supporting documents issued by competent authorities.
12.3. The Parties agree that insolvency of either Party does not qualify as a force majeure circumstance.
13. Procedure for Amendments and Additions to the Contract
13.1. Changes and/or additions to this Contract may be made unilaterally by the decision of the Provider.
13.2. Any changes and/or additions initiated by the Provider shall take effect no earlier than five calendar days after their approval.
13.3. Amendments and/or additions made by the Provider in response to changes in legislation shall take effect simultaneously with the changes in the relevant legislative acts.
13.4. The Provider shall post the text of any changes and/or additions to this Contract, or its new version, on the official website at: https://extrareality.lv/lv/riga/blog/public-offer no later than five calendar days before the changes and/or additions take effect (except in cases specified in section 13.3).
13.5. If the Client disagrees with the changes and/or additions, they have the right to terminate this Contract according to section 7.3.4 of this Contract.
13.6. Any written notification from the Client expressing disagreement with the changes and/or additions, or their refusal to accept the new version of the Contract or comply with its terms, shall also be considered a notice of termination.
13.7. The Parties unconditionally agree that silence (failure to send a written notice of termination of this Contract or disagreement with certain provisions of this Contract, including changes in the cost of Services) shall be considered as the Client’s consent and agreement to the new version of the Contract.
14. Miscellaneous Provisions
14.1. The Parties have no verbal agreements supplementary to this Contract. The content of this Contract fully reflects the true intent of the Parties.
14.2. Any correspondence related to the subject of the Contract prior to its conclusion shall lose its legal force upon the signing of the Contract.
14.3. The Parties recognize that if any provision of the Contract becomes invalid during its term due to changes in legislation, the remaining provisions of the Contract shall remain binding on the Parties for the duration of the Contract.
14.4. The Parties allow the use of analog signatures of authorized representatives and the imprint of the seal, i.e., a graphic reproduction of the signature (seal imprint) by copying or typographic methods, when executing the Contract, additional agreements, invoices, acts of completed work, and other legally significant documents within the scope of the Contract.
14.5. The Parties acknowledge the legal validity of documents received via electronic channels (e-mail, addresses indicated in the Contract or subsequently provided during the performance of the Contract), on an equal basis with those executed in simple written form, except where otherwise specified in this Contract. Letters sent via these communication channels are considered duly sent.
14.6. The Parties agree to check their email correspondence in a timely manner and bear all risks related to any negative consequences resulting from failure to perform (or improper performance) of this obligation.
15. Party Details
15.1. The Parties unconditionally agree that the details of the Client are the information provided in the invoice issued by the Provider.
15.2. Provider's details:
LLC "GOESCAPE"
TAX ID NUMBER: 5252990401
Warsaw, Długa str., 29, ZIP code: 00-238
PKO Bank Polska: 20102010420000820205796166
IBAN: PL8010201042000089020578213
BIC SWIFT BPKOPLPW
info@extrareality.lv
