Public contract offer to provide paid Render-Farm services
San Francisco "___" __________ 20__.
Turborender Inc., hereinafter referred to as "Contractor", on the one hand, offers the interested person, hereinafter referred to as "Customer", on the other hand, together hereinafter referred to as the parties enter into the Agreement on the terms of this offer (hereinafter - Agreement) as follows:
1. SCOPE OF THE CONTRACT
1.1. Contractor undertakes to provide the Customer Services render farm (hereinafter - the "Services") identified in p.1.2. - 1.3. this Agreement, and Customer shall accept and pay for the services.
1.2. Hereunder Contractor undertakes:
1.2.1. Provide Services for estimation of 3D scenes using computational tools and software engineering modelling and analysis render farm.
1.3. The volume of services is determined by application of the customer, received by the Contractor website www.turborender.com.
2. LEGAL BASIS OF THE CONTRACT
2.1. In accordance with Article 438 of the Civil Code of the Russian Federation unconditional acceptance (acceptance) of this Agreement shall be effective payment as payment for services provided by the Contractor.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The Contractor undertakes to:
3.1.1. Provide customer service throughout the period of this Agreement, on the condition that the Customer of its obligations.
3.1.2. Provide the Customer with the opportunity to register for website Contractor (http://farm.turborender.com). Once registration is available for customer login and password.
3.1.3. Once the payment is confirmed (section 4.3. Hereof), the Customer will be provided with the following:
- Access the Web-based render farm Contractor for services specified in section 1.2. of this Agreement.
- Access to the Web-based and FTP-server render farm Contractor to accommodate materials required for the calculation and production of final product as a result and purpose of the Services.
3.1.4. Customer's personal information data protection received in digital, written or other forms.
3.1.5. Not to disclose the Customer's personal information without their consent. Customer's personal data provided is solely for the purpose of the agreement for the RenderFarm services.
3.1.6. Not to use or give away the results of the services provided and 3D scenes calculations to any third parties without a prior written consent by the Customer.
3.2. The Contractor has the right to:
3.2.1. Demand prompt and timely payment by the Customer for the Services according to the terms of agreement with Render-farm.
3.2.2. In the event of changes in legislation, regulations and other legal acts that affect the cost of the Services, the Contractor has the right to change the cost of providing services. The date of publishing of new tariffs on Render-Farm website www.turborender.com is the date when new tariffs become true and valid. Change in the value of the Services will not affect the cost of the services for that the Customer is already paid priory of the changes.
3.3. The Customer has the right to:
3.3.1. Timely and high quality reception of the Services in accordance with the terms of the agreement.
3.3.2. Receive information and advice to the extent necessary for the use of the Services free of charge by the Contractor.
3.4. The Customer agrees to:
3.4.1. Pay timely and in full for the Services provided by the Contractor. The Customer who’s liable to pay for the Services is the person who’s indicated in the registration form of the contract.
3.4.2. Observe the rules of the Service, namely :
- The preparation of a 3D scene following the instructions posted on the Executor's website www.turborender.com;
- Not transmitted to the render farm Contractor any information or software that contains viruses or other components which equated to them;
- Does not commit and facilitate the commission of any action that interferes with other customer's access to services and the normal functioning render farm Contractor.
3.4.3. When registering on the website of the Contractor (http://farm.turborender.com) Customer must make accurate, reliable and complete information about yourself.
3.4.4. Within 7 (seven) days of receipt of the access the Web-based render farm to provide the following documents:
- For individuals - a copy of an identity document;
- For individual entrepreneurs - a copy of the identity document, a copy of the certificate of state registration of a person as an individual entrepreneur and a copy of registration with the tax authority at the place of residence;
- For legal entities - copies of documents confirming proper registration and tax registration of the legal entity and the legitimacy of its representative.
In case of change of the information provided, the Customer is obliged, within two days to notify the Contractor and 7 days to provide proof of these changes.
4. COST AND PAYMENT
4.1. The cost of services is published on the website www.turborender.com.
4.2. Payment for the services provided by the Contractor shall be done by the Customer via any method available and indicated on the Render-Farm website. All payment systems available can be found in your account.
4.3. The Customer is obliged to pay the estimated amount for the services priory the date of commencement of the services.
5. DELIVERY - ACCEPTANCE OF SERVICES
5.1. Full execution of the terms of this Agreement means that no addition registration required of separate acts of the Service.
5.2. In case the Customer has a problem with the Services, the claim should be sent to the following email: email@example.com. This contact email is also provided in the email sent to the Customer upon registration via Render-farm website www.turborender.com. The email indicating the problem with the Services should be sent no later than within next 12 hours of acceptance of the Service. If it turns out that he problem with the Services occurred not due to the Contractor's fault, The Customer will have to pay again to receive another Service and no refunds can be claimed or provided.
6. ORDER SIGN, DATE AND TERMINATION OF THE AGREEMENT
6.1. The agreement shall enter into force on the date of payment by the Customer for the Services of the Contractor referred to in paragraph 1 hereof.
6.2. The Agreement shall be terminated in the event of:
6.2.1. Expiration of the Agreement in connection with the performance by the Parties of their commitments.
6.2.2. Termination of the contract upon mutual agreement of the both parties, the Contractor and the Customer.
6.3. The Agreement may be terminated by either of the parties, the Contractor or the Customer, in case of either of the parties did not fully comply to the obligations of the Agreement.
7. LIABILITY OF THE PARTIES AND SANCTIONS
7.1. In the case of non-fulfilment or improper fulfilment of the obligations of the Parties under this Agreement shall be liable in accordance with applicable law.
7.2. All disputes arising in connection with this Agreement shall be settled by negotiations between the parties in the complaint procedure. Term review of the claim 10 days.
7.3. Any controversy over the Agreement and inability to find a mutual solution to resolve issues which may arise shall be settled with Arbitration Court of Chelyabinsk Region according to the law of jurisdiction.
8. FORCE MAJEURE
8.1. Force majeure shall mean any unforeseeable and exceptional situation or event beyond the control of the contracting parties which prevents either of them from performing any of their obligations under the Agreement, was not due to error or negligence on their part or on the part of a subcontractor, and could not have been avoided by the exercise of due diligence. Defects in equipment or material or delays in making it available, labour disputes, strikes or financial problems cannot be invoked as force majeure unless they stem directly from a relevant case of force majeure.
8.2. Without prejudice to the provisions of the Agreement, if either contracting party is faced with force majeure, it shall notify the other party within maximum of 48hrs without delay by registered letter with acknowledgment of receipt or equivalent, stating the nature, likely duration and foreseeable effects.
8.3. Neither contracting party shall be held in breach of its contractual obligations if it has been prevented from performing them by force majeure. Where the Contractor is unable to perform his contractual obligations owing to force majeure, he shall have the right to remuneration only for tasks actually executed.
9. OTHER CONDITIONS
9.1. Without prejudice to the terms of this Agreement, the Customer and the Contractor shall have the right at any time to issue a contract for the provision of the Services in a written two-sided document.
9.2. If the Customer is an individual, the Customer acknowledges and consents to the obtaining and processing of personal data, in accordance with Annex 1.
9.3. Exclusive rights to the results obtained by the Customer when calculating 3D scenes pass to the Customer upon full payment provided under this service contract.
10. DETAILS OF THE PARTIES
2021 Fillmore Street, PMB 6, San Francisco, CA 94115
Bank JSC «Choice Financial Group» Account ( USD ) IBAN 202269237355 S.W.I.F.T. CHFGUS44021
Recipient TURBORENDER LLC
Recipient address 2021 Fillmore St PMB 6, San Francisco, CA 94115
_________________ Turborender Inc
"___" ____________ 20__.
"___" _______________ 20__.
Application number 1
a public contract - offer for the provision of
paid services render farm
the obtaining and processing of personal data
by Turborender Inc
(name, series and number of identity document)
(name of the issuing identity document)
(date of issue of the identity document)
Consent to the collection , processing and transfer of personal data
I ______________________________________________________________________ (hereinafter - Customer) hereby submits data to Turborender Inc (hereinafter - the Contractor) and consent to their treatment, namely the commission, including the following: the collection, classification, accumulation , storage, (updating, change), use, distribution (including transfer), depersonalization, blocking, destruction with a view to concluding agreements with the Contractor, performance contracts, establish my identity. These actions can be performed with the use of automation.
I hereby agree of the processing of the following data:
1) Date of birth;
2) Place of birth;
3) The data of identity document (series, number, issuing authority, date of issue of the document);
4) Information about the place of registration, residence;
5) Contact information (including phone number);
This consent is given for an indefinite period of time.
This consent may be withdrawn by written request to the Contractor. Upon receipt of such application, the Contractor shall stop any usage of the data within next three days, including: collection, classification, accumulation, storage, (updating, changing ), use, distribution ( including transfer ), depersonalization, blocking, destruction, on all grounds, with the exception of the grounds expressly provided by the current legislation.
___________________________ / _____________ (Full name)