DISTANCE AGREEMENT FOR PURCHASE OF SERVICE SUBSCRIPTION IN THE INTERNET ENVIRONMENT
This is a distance agreement for digital content service Liepaja residents plus subscription purchase in the Internet environment, hereinafter – the Agreement that is concluded between SIA “Kurzemes Vārds” (registration number: 42103002455, legal address: Pasta Street 3, Liepāja, LV-3401; e-mail: [email protected]), hereinafter referred to as the GOK, and the person making the purchase, hereinafter referred to as the BUYER, on the website liepajniekiem.lv, hereinafter referred to as the SITE, and both contractors together – the PARTIES. The BUYER, when making a purchase on the SITE under this Agreement, agrees to its terms, is entitled to print and save these terms of the Agreement.
Within the framework of this Agreement:
- (a) BUYER means a natural or legal person who purchases SITE Paid Content Services for a non-business purpose, hereinafter referred to as the BUYER;
- b) Liepajnieki plus has a paid digital content service, including articles, photos, which is specially created, selected and published on the SITE with the indication “plus”, and the subscription of which the BUYER is entitled to purchase, hereinafter – the SERVICE,
- SERVICE TERM AND PRICE
The subscription to the SERVICE is a fixed term – 4 (four) weeks license to use the SERVICE for the price – EUR 1.99 (one euro and 99 cents). The subscription fee for the SERVICE includes value added tax (VAT) in the amount of 21%. The service subscription price in the GOK may be changed without prior notice (the change does not apply to the already paid SERVICE term), notifying the BUYER thereof no later than 30 days before the new price takes effect. The GOK and the BUYER agree that changes in the price of the SERVICE are applied for the new period at the end of the prepaid subscription period for the SERVICE.
- PURCHASE OF SERVICE AND PAYMENT
This section of the Agreement describes the procedure for purchasing the SERVICE and payment for the purchase of a subscription to the SERVICE.
2.1. The Buyer can purchase the SERVICE only after registration on the SITE. In order to purchase a subscription to the SERVICE, the Buyer must choose the method of payment by entering the information required by the GOK. By accepting this agreement, the BUYER confirms that he has clearly understood that the purchase of a subscription to the SERVICE is a paid service, as well as has read the content of this agreement.
2.2. The BUYER purchases the Service subscription using a payment card or by SMS (the fee will be included in the BUYER’s mobile service provider’s invoice), and it is issued as a regular payment, its term is automatically extended to the next fixed 4 (four) week term, and payment for the SERVICE subscription automatically credited to the KV bank account until the BUYER chooses to terminate the purchase of the SERVICE subscription on the SITE by activating the CANCEL SUBSCRIPTION in the registered profile.
- RIGHT OF WITHDRAWAL
Under this Agreement, the GOK provides a service that corresponds to the digital content prepaid service online (delivery of digital content as e-publications that is not delivered on a standalone medium), available on request and begins upon payment of the SERVICE subscription, which automatically subscribes to the SERVICE. activated. The BUYER agrees that the moment of activation of the SERVICE, the use of the SERVICE is started, thus the BUYER waives the 14-day right of withdrawal and refund of the paid amount, based on the Cabinet of Ministers 20.05.2014. the provisions of Paragraph 22.13 of Regulation No. 255 “Regulations regarding distance contracts”.
- LIABILITY OF THE PARTIES
The CONTRACTOR shall not be liable for the obligations of the other CONTRACTOR towards third parties, if such are incurred in connection with the implementation of this Agreement. The PARTIES agree that if one of them fails to perform its obligations under the Agreement due to force majeure circumstances, it shall be released from liability for non-performance of the Agreement in general or proper non-performance of the Agreement. Force majeure means any circumstance beyond the control of the PARTY (if the CONTRACTOR has acted reasonably and fairly), as a result of which it was not possible to perform the obligations properly or at all and if these circumstances could not have been foreseen not only for the PARTY concerned but for any other person operates or would operate in the relevant PARTICIPANT’s sector, as well as if these circumstances could not be remedied by reasonable and fair means.
All information that is not publicly available and that one of the PARTIES provides to each other during the performance of the Agreement or is disclosed in the performance of its duties, including information on financial condition, technologies and computer programs used, SERVICE and SITE development plans, is recognized and treated as confidential.
Such information shall not be considered confidential if, prior to its acquisition, it was already in the possession of the other PARTY or was in the public domain and, at the time of receipt of such information, was not subject to the condition of confidentiality;
Under this Agreement, the GOK grants the BUYER a general license for the SERVICE. The BUYER is prohibited from using the digital content available during the SERVICE for activities not provided for in this agreement, including copying, reproducing, publishing or otherwise using it without the written consent of the GOK and contrary to the requirements of the Copyright Law. The GOK guarantees that all persons involved in the development of the digital content platform Liepaja plus the parties have an agreement according to which the copyright of the digital content available on the SERVICE and its platform solutions belongs to the GOK and it does not know any third party impede the use and / or distribution of the SERVICE.
- DATA PROCESSING
The PARTIES agree that each PARTY, as the data controller and personal data operator, shall manually and / or electronically process (including the collection, registration, input, storage, modification, use, transfer, transmission, blocking or deletion of data) from the other PARTY during the term of this Agreement. data received only to the extent necessary and resulting from the concluded Agreement. Purpose and purpose of data processing: contracting, invoicing and sending, payment management, communication and cooperation, ensuring efficient GOK management processes, business planning and analysis, review and processing of claims and / or applications, sending news as necessary and follows from the concluded Agreement. The GOK follows the instructions of the BUYER, uses the necessary technical means and takes organizational measures to protect the data of natural persons and prevent their illegal processing. Personal data will be stored in electronic form throughout the term of the Agreement, as well as during the limitation period specified in the applicable regulatory enactments, within which complaints, claims may be filed and similar proceedings may be initiated. The CONTRACTING PARTY may transfer the personal data of the other PARTICIPANT to the attached processors who provide accounting, legal, IT or other similar services under this Agreement. By concluding the Agreement, the BUYER agrees to the processing, updating and storage of data, identification, sending information about changes and offers of the SERVICE, etc. The BUYER, who is a consumer within the framework of this Agreement, is entitled to request the GOK to provide the information on the BUYER’s personal data in its possession free of charge, to request their correction or deletion, as well as to revoke its previously given consent to personal data processing. The obligations set forth in this Section shall remain in force indefinitely and shall remain in force even if one of the PARTIES unilaterally withdraws from the Agreement or if the Agreement terminates otherwise.
- DIFFERENT RULES
This Agreement came into force when the BUYER makes a subscription to the SERVICE on the SITE, agrees to its terms and pays the subscription fee. The agreement is concluded for an indefinite period of time and is valid until the fulfillment of the assumed obligations. The BUYER is also entitled to cancel the subscription to the SERVICE by making appropriate changes to the SITE. The refusal in this case applies to a subsequent subscription period for which the BUYER has not paid and / or does not intend to do so. The CONTRACTING PARTIES undertake to settle any dispute between the PARTIES arising from this Agreement through negotiations. If the dispute has not been resolved without the mediation of the court, the dispute is considered in the court of the Republic of Latvia.