This Agreement (hereinafter – the «Agreement») is concluded between the administrator of the website https://vanya-vpn.bi (hereinafter – the «Provider») and any legally capable individual (hereinafter – the «Client») who concludes the public offer (hereinafter – the «Contract») by using the Provider’s website https://vanya-vpn.bi and intends to use the service of paying the next portion of the cost of services under the Contract by bank card through automatic debiting of funds from the bank card specified by the Client when paying under the Contract.

Placing an Order constitutes the Client’s full and unconditional consent to all terms of this Agreement. This Agreement is an adhesion contract within the meaning of Article 428 of the Civil Code of the Russian Federation.

Clicking the «Pay» button means that the Client has read the terms of this Agreement, understood all of its provisions and agreed to consider all provisions of this Agreement legally binding.

1. TERMS AND DEFINITIONS

1. For the purposes of this Agreement, the terms below are used with the following meanings:

1.1. Agreement — this document, published on the website https://vanya-vpn.bi.

1.2. Client — a fully legally capable individual who has concluded the public offer with the Provider.

1.3. Website — the online resource containing complete and up-to-date information about the scope and content of the services provided by the Provider, located at https://vanya-vpn.bi.

1.4. Contract — the public offer published on the Website.

1.5. «Recurring Payment» Service — a service that allows the Provider to receive automatic transfers of funds from the Client’s Bank Cards.

1.6. Bank — a credit institution issuing Bank Cards in the Russian Federation in accordance with the laws of the Russian Federation and on the basis of agreements concluded between the Bank and the Client.

1.7. Bank Card — a debit or credit card issued by a credit institution, serving as an instrument of cashless payments, intended for the Bank’s Clients to perform transactions with funds held by the Bank in the bank accounts of the Bank’s Clients, or with funds provided by the Bank as credit to the Bank’s Clients in accordance with the laws of the Russian Federation and the bank account agreement, or within the established limit in accordance with the terms of the credit agreement between the Bank and the Bank’s Client, provided that such debit or credit card can be used to pay for the Provider’s Services. Payment for the Provider’s Services under this Agreement is possible with Bank Cards registered in accordance with the applicable laws of the Russian Federation.

1.8. Bank Client — an individual who has concluded a bank account agreement with the Bank.

1.9. Processing Center — an automated system for processing Bank Card transactions in e-commerce, enabling the acceptance of Bank Card payments. The Processing Center coordinates settlements between the card-issuing Bank, the acquiring Bank (authorizing the transactions), the «Recurring Payment» Service and the Bank Card holder.

1.10. Personal Data — any information relating directly or indirectly to an identified or identifiable individual (personal data subject).

2. SUBJECT OF THE AGREEMENT

2.1. The «Recurring Payment» Service allows the Client to pay for the Provider’s Services under the Contract by automatic debiting of funds from the Client’s Bank Card in favor of the Provider, in the manner and on the terms agreed in the Contract.

2.2. After the «Recurring Payment» Service is connected, funds will be transferred from the Client’s Bank Card in the amounts required for the proper fulfillment of the Client’s obligations under the Contract.

2.3. All settlements using the Bank Card provided for by this Agreement are made in Russian rubles.

2.4. No additional fee is charged for using the «Recurring Payment» Service, including for its activation/deactivation.

2.5. Activation (connection) of the «Recurring Payment» Service involves the following actions by the Client:

2.5.1. The Client subscribes to the Provider’s Services on the Website by selecting the Services of interest from the list and providing their Personal Data.

2.5.2. By clicking the «Pay» button, the Client confirms the accuracy of the submitted data and expresses consent to the terms of the Contract and this Agreement.

2.5.3. After completing the actions specified in clause 2.5.2 of this Agreement, the Client is redirected to the service of NCO YooMoney LLC (https://yookassa.ru) or CLOUDPAYMENTS LLC (https://cloudpayments.ru) or Tinkoff Bank JSC (https://tinkoff.ru), depending on the selected payment method,

2.5.4. where the Client fills in the requested Bank Card details to make the payment and completes it.

2.5.5. After successful payment for the Services with the Bank Card and consent to this Agreement, the «Recurring Payment» Service is considered activated (connected), and the Provider obtains the right to automatically debit funds from the Client’s Bank Card in fulfillment of the obligations under the Contract.

2.6. Completion by the Client of the actions specified in clause 2.5 of the Agreement constitutes the Client’s consent to pay for the services under the Contract and to the transfer to the Bank of the Personal Data identifying the Client.

3. USE OF THE SERVICE

3.1. After the «Recurring Payment» Service is connected in the manner specified in clause 2.5 of the Agreement, no earlier than 3 days and no later than 15 minutes before the end of the current paid period under the Contract, funds will be transferred from the Client’s Bank Card within the timeframes and in the amounts required for the proper fulfillment of the Client’s obligations under the Contract.
After the paid period under the Contract expires, funds will be transferred within the timeframes and in the amounts required for the corresponding renewal of the Service for the Client under the Contract.

3.2. The actual debiting of funds is performed by the issuing Bank.

3.3. The Provider does not store or process the Client’s Bank Card data, and only sends requests to the Processing Center and the Bank to repeat the Bank Card transaction.

3.4. The Provider does not under any circumstances guarantee that Bank Card transactions can be carried out, leaving the resolution of such matters to the issuing Bank.

3.5. The Client warrants that they are the holder of the Bank Card and that they knowingly, correctly and fully enter all required Bank Card details when activating (connecting) the «Recurring Payment» Service.

3.6. Connection of the «Recurring Payment» Service in the manner provided for by this Agreement is only possible subject to the technical capability of the Provider, the Processing Center, the Bank and the issuing Bank. The Provider, the Processing Center and the Bank are not liable for any inability to connect the «Recurring Payment» Service.

3.7. The Client may disconnect from (opt out of) the «Recurring Payment» Service by selecting the corresponding setting in the «Cancel subscription» section on the Provider’s website https://vanya-vpn.bi or by sending a written request to cancel recurring payments to the e-mail address [email protected]. The Bank Card is disconnected from the «Recurring Payment» Service within 48 hours of the Provider receiving the request.

3.8. If there are insufficient funds in the Bank Card account for the next payment under the Contract, the Provider has the right to repeat the request to debit funds from the Bank Card.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The Provider has the right to refuse the Client, without explanation, the ability to activate (connect) the «Recurring Payment» Service for the Client’s subsequent payments under the Contract.

4.2. The Provider may amend this Agreement at any time at its own discretion; such amendments take effect from the moment the amended text of the Agreement is published on the Website, unless a different effective date is additionally specified in the text of the publication. If the Client disagrees with the amendments made to the Agreement, the Client may terminate the Agreement in the manner set out in this Agreement. The Client is deemed to have accepted the amendments and additions made to the Agreement if, within 10 (Ten) days from the publication of the Agreement, the Client has not approached the Provider with a proposal to terminate the Agreement.
4.3. The Provider is not liable for temporary inoperability of the «Recurring Payment» Service for reasons beyond the Provider’s control. In this case, the Client uses other methods of depositing funds, agreed with the Provider, to make the next payment under the Contract.

4.4. If the Client’s Bank Card is lost/replaced, the Client must notify the Provider of this in writing within 3 days of the loss/replacement, in order to exclude the details of the lost payment Bank Card and/or provide the details of the new Bank Card. The Client’s notice of a lost Bank Card received by the Provider is grounds for suspending transactions on the lost Bank Card.

4.5. The Client undertakes to use only a Bank Card that they own and in respect of which a corresponding agreement has been concluded between the Bank and the Client. If the Client deliberately uses another person’s Bank Card, the Client is solely responsible for any damage that has been or may be caused to the owner of that card as a result of the Client’s aforementioned actions.

4.6. The Provider has the right to refuse the Client the use of the «Recurring Payment» Service to pay for services under the Contract if it receives a system report that funds cannot be debited from the Client’s Bank Card.

4.7. Neither Party shall be liable for full or partial failure to perform any of its obligations under this Contract if such failure results from force majeure circumstances. The Party for which performance has become impossible must immediately notify the other Party in writing of the occurrence, expected duration and cessation of the above circumstances. Failure to notify, or untimely notification, deprives the Party of the right to invoke any of the above circumstances as grounds releasing it from liability for non-performance of an obligation.

5. TERM OF THE AGREEMENT. DISPUTE RESOLUTION PROCEDURE

5.1. If, upon expiry of the Contract, the Parties have not expressed an intention to terminate it or change its terms, this Agreement is automatically extended on the same terms for the term of the Contract.

5.2. This Agreement may be terminated at the initiative of either Party on the grounds provided for by the applicable laws of the Russian Federation.

5.3. The Provider has the right to unilaterally terminate this Agreement if the Client breaches the terms of this Agreement, having notified the Client no later than 5 calendar days before the intended termination date.

5.4. Disputes between the Parties arising in connection with the performance of this Agreement are resolved through mutual consultations and negotiations.

5.5. If no agreement is reached in the negotiations referred to in clause 5.4 of the Agreement, the interested Party sends a written claim signed by an authorized person, attaching documents substantiating the claims made by the interested Party (if the other Party does not have them) and documents confirming the authority of the person who signed the claim.

5.6. The Party to which the claim is addressed must consider the received claim and notify the interested Party of the results in writing within 10 (ten) business days from the day the claim is received.

5.7. If the disagreements are not settled through the claim procedure established by this section of the Agreement, or if no response to the claim is received within the period specified in clause 5.6 of the Agreement, the dispute shall be referred to a court in accordance with the applicable laws of the Russian Federation.

6. DETAILS

6.1. The Client’s details are contained in the Order form filled in by the Client on the Website.

6.2. If the Client’s details change, the Client undertakes to notify the Provider of the changes in writing at the e-mail address [email protected]; otherwise, the obligations under the Agreement will be deemed duly performed with respect to the Party that was not notified.

6.3. The Provider’s details are published on the website https://vanya-vpn.bi, on the "Contact information" page.