- Acceptance - full and unconditional acceptance by the Principal of the terms of this Agreement by filling out the application form on the Agents Site and sending their details to the Agent.
- Offer Agreement – a set of contractual terms agreed by the Parties between the Agent and the Principal, in accordance with which the Agent performs the Agency’s order, and the Principal accepts and pays for the Agents services. The offer Agreement may be changed at any time by the Agent in the manner provided for in the Agreement.
- Principal – an individual person , who actually provides gaming services to their clients, information about whose orders was transmitted to them by the Agent.
- Offer Agreement – this Agreement is concluded by the Parties in an offer and acceptance form without signing a separate written document.
- Site - a service on the Internet located at www.wowhunt.com.
- The Parties – the Agent and the Principal together.
Acceptance of Contract-Offer
- Acceptance of the Agreement recognizes the application on the Site of the Agent and the direction of the Principals details to the Agent.
- Acceptance of this offer Agreement under conditions or with reservations is not allowed.
- Acceptance of this offer Agreement is possible if the following conditions are met simultaneously:
Subject of the Agreement
- According to the terms of this Agreement, the Agent undertakes to use the Agents Site on behalf of and at the expense of the Principal www.wowhunt.com find and pass orders to the Principal for the gaming services it provide.
- The list of gaming services provided by the Principal, in respect of which the Agent can execute an Agency order, includes the following types of services within the framework of the online game World of Warcraft:
- Castle Nathria Normal Boost.
- Castle Nathria Heroic Boost.
- Stoneborne Generals kill Normal and Heroic Boost.
- Sire Denathrius kill Normal and Heroic Boost.
- Mythic+ Dungeons Boost difficulty from +0 to +25.
- Torghast, Tower Of The Damned Boost.
- PowerLeveling from 50 to 60.
- Other services within the online game World of Warcraft.
- In the execution of orders under this Agreement the Agent undertakes to perform the following steps: To search and attract clients that want to obtain game services of the Principal (the Contractor of the gaming services); To acquaint potential customers with the terms of the provision of gaming services by the Principal; Enter into Agreements, including in the form of an Offer Agreement, with clients for the provision of services by the Principal. By concluding Agreements with clients, the Agent always informs customers that he is only an intermediary who provides them with the opportunity to order the gaming services of the Principal through the Agents Site.
- Organize interaction of clients with the Principal in order to provide them with gaming services, including, but not limited to:
Depending on the type of services provided by the Principal, agree on specific requirements for the provision of services; To arrange settlements between the Principal and his clients with the right to receive money in your own account for payment of game services provided by the Principal, with the purpose of transferring them to the Principal minus your own remuneration, as well as with the right to return funds (part of them) paid by the client, in cases provided for by current legislation.
Perform other necessary and appropriate actions in order to fulfill this Agreement.
- The Agent has the right to engage third parties to execute an order under this Agreement without the consent of the Principal.
Rights and Obligations of the Agent
- Within the framework of this Agreement, the Agent undertakes to search for clients on its own and at the expense of the Principal to provide them with gaming services by the Principal.
- The Agent has the right to perform all necessary actions to promote the services of the Principal, including conducting advertising campaigns, promotions or otherwise promote the services of the Principal. The choice of specific ways and methods of promoting the Principals services, their volume, is left to the Agent.
- The Agent undertakes to enter into Agreements, including in the form of an offer Agreement, with clients in the interests of the Principal and to inform the Principals clients of all necessary information regarding the gaming services provided by the Principal.
- The Agent undertakes to accept funds from the Principals clients, and to transfer them to the Principal after deducting its Agency fee. The Agent is not a source of payments in relation to the Principal in the sense of article 11 of the Tax code of the Russian Federation.
- The Agent undertakes to send monthly reports to the Principal on the execution of the order. The report is sent by the 15th day of the month following the reporting month. The report is sent to the Principal by email. In case, If during
- days from the receipt of the report by the Principal, no objections will be submitted to them, the report shall be deemed to be fully agreed upon and accepted by the Principal.
Rights and Obligations of the Principal
- The Principal undertakes to promptly fulfill all obligations to provide services to the clients that the Agent enters into a contract with.
- The Principal shall provide the Agent with all necessary information on its gaming services and their content and delivery.
- Principal undertakes to reimburse the Agent for all losses incurred by the Principal in connection with the settlement of customer claims, if any claims are made by the clients to the Agent.
- Immediately notify the Agent of all circumstances that may affect the quality and timeliness of services provided by them to its clients, as well as of any cases when the Principal cannot fulfill its obligations to the clients.
Payment Procedure and Agents Remuneration
- The amount of the Agents remuneration is agreed upon by the Parties in addition for each service provided by the Contractor.
- The Agent undertakes to transfer to Principal cash received from customers Principal on the following dates: within 15 (fifteen) working days of receipt by the Agent confirming the fact of rendering services by the Principal, subject to the proper performance by the Principal of its obligations and the absence of any claims from the client to the obtained from the Principal services. If, within the specified time period, the Agent receives complaints from the Principals client regarding the services rendered, the Agent shall transfer funds to the Principal within 15 (fifteen) business days from the moment of making a decision on the clients complaint/claim, provided that the clients complaint is recognized as unfounded.
- Payment of Agency remuneration is made by withholding the amount of the Agents remuneration when transferring funds to the Principal.
- In cases of return of funds or part thereof to the client (for example, in case of refusal from services when such failure entails a refund, or in case of rendering of services of inadequate quality, or other reasons), no funds shall be transferred to the Principal.
- If, after transferring funds to the Principal for a service that has already been rendered, the Principals client subsequently makes claims against the service rendered and the Agent decides to refund the funds to the client (in whole or in part), or the refund is made on other grounds (in accordance with the law, or in connection with the adoption of a corresponding PayPal decision), the Principal is obliged to reimburse the Agent for the refund amount, or the Agent has the right to withhold the refund amount from the funds, which are on the Agents accounts and are subject to transfer to the Principal for other orders.
- The costs of transferring funds to the Principal are carried out at the expense of the Principal.
- All expenses related to the Agents performance of its obligations under this Agreement shall be borne by the Agent from the amount of Agency remuneration due to it, without additional compensation for these expenses by the Principal.
- The transfer of funds by the Agent to the Principal in the framework of this Agreement is directly the fulfillment of an Agency assignment. The funds transferred to the Principal are not Agents income in accordance with clause 9, part 1, Art. 251 of the Tax Code of the Russian Federation.
- The Principal understands that the Agent is not a source of income for Principal, therefore in accordance with article 226 of the Tax code of the Russian Federation and in accordance with the guidance contained in the Letter of the Ministry of Finance dated 24 February 2016 № 03-04-06/10104; Letter of the Ministry of Finance of 9 November 2015. N 03-04-05 / 64323 the Agent does not act as the Principals tax agent when transferring funds to him, the Principal is obliged to independently report on the income received and pay tax on the remuneration amount earned by him in accordance with the requirements of current legislation.
Term and Termination of the Agreement
- This Agreement shall enter into force from the moment of its Acceptance.
- This Agreement is concluded by the Parties for an indefinite period.
- This Agreement may be terminated by either Party by notifying the other Party 5 (five) days prior to the date of termination of the Agreement.
- The Agent may at any time unilaterally make changes (additions) to any of the terms of this Agreement by publishing updated terms of this Agreement on the Site. The Principal must independently track changes made to the Agreement and get acquainted with them in a timely manner.
- In case of disagreement with the changes (additions) made to Agent in this Agreement, the Principal must terminate this Agreement by giving the Agent notice. If the Principal did not refuse to use the Site (did not terminate the Agreement) or did not notify the Agent of such refusal, it is considered that the Principal agreed to the changes in full and assumed obligations to comply with them.
- In respect of unfulfilled obligations, this Agreement shall remain in force until such obligations are fully fulfilled.
- For improper performance or non-performance of obligations under this Agreement, the Parties are liable in accordance with the current legislation of the Russian Federation.
- The Parties shall not be liable for breach of its obligations hereunder if such failure is caused by any failure to perform its obligations by the other Party.
- The Principal is aware and understands that the gaming services provided by him as a performer may be restricted or prohibited by the rules of specific games, and in this case, the provision of such services may entail the acceptance by the game administration of measures of responsibility to the Principal for violation of the rules of the game. In the event of such consequences, the Agent does not bear any responsibility for possible losses of the Principal.
- All responsibility for the quality and timeliness of providing gaming services to clients is borne directly by the Principal, the Agent is not responsible to the Principals clients, since it does not participate in the provision of services in any way, but only finds clients for the Principal.
- The Principal guarantees that the services provided by It fully comply with all legal requirements, and the Principal has the necessary qualifications and experience to provide the relevant services.
- The Principal is not entitled to work with сlients bypassing the Agent without paying the Agent an Agency fee. If the Principal performs actions aimed at working with the сlient in circumvention of the Agent, the Principal is obliged to reimburse the Agent for the entire amount of Agency remuneration that the Agent did not receive, as well as pay a fine of ten times the amount of the Agency remuneration that was not received.
- The Principal does not have the right to refuse to provide services already paid for by the client. In case of violation of this clause, the Principal shall reimburse the Agent for all losses incurred.
- The Parties shall not be liable for full or partial non-performance of obligations under this Agreement due to force majeure circumstances that arose against the will of the Parties and that cannot be foreseen or prevented, namely: earthquake, flood, other natural disasters, war, civil war, epidemic, pandemic, blockade, embargo, strike, adoption by public authorities of acts that prevent the performance of the Agreement.
- A Сertificate issued by a local authority is sufficient proof of the existence and duration of force majeure.
- The Party that does not perform its obligations due to force majeure circumstances must notify the other Party within ten calendar days of the obstacle and its impact on the performance of obligations under the Agreement.
- Electronic document flow between the Parties under this Agreement has legal force equal to the legal force of ordinary written document flow, in particular, the Parties recognize document flow through Jivochat, Discord and Skype.
- The Parties have agreed that electronic document management is used by them in relation to any requests, comments, other communications of the Party, as well as in relation to any notifications, claims, reports of the Agent, etc.
- This Agreement is concluded by the Parties in an Offer and Acceptance form without signing a separate written document.
- Electronic document management is legally valid only if the Party exchange messages or documents through other communication channels previously communicated by the Party to each other.
- If messages or documents are received through communication channels not previously communicated by the Party to each other, the Party that received such messages or documents has the right to ignore them, in this case, the message or document is considered undelivered and not received by the Party.
- Each of the Parties is solely responsible for limiting the number of persons who have access to electronic communication channels. In case of loss of access to the electronic communication channel, the Party is obliged to immediately notify the other Party and is liable in the absence of such notification.
- Messages and documents sent via an electronic communication channel by one Party are considered received by the other Party on the day of their actual receipt, and the period for which depends on the time of receipt of the document by the Party begins to be calculated from the next day.
- Electronic messages and documents, in accordance with this Agreement, can be fully used to confirm concluded and completed transactions, legal relations of the Party, including can be used as evidence in law enforcement agencies, arbitration courts, judicial authorities, when considering disputes on civil transactions, etc., as well as confirm their validity and legal force.
- This Agreement is governed by the provisions of the legislation of the Russian Federation, regardless of the location of each of the Parties.
- For the purposes of this Agreement, the term «Сonfidential information» includes without limitation any information directly or indirectly affecting the Parties.
- This Agreement, information and documentation obtained during the implementation of the Agreement will be considered confidential, and the Party undertake not to disclose them without the written consent of the other Party.
- The Party undertake not to disclose any information about the other Party directly or indirectly to any third Party without the prior written consent of the other Party.
- Confidential information may be distributed by a Party only in cases provided for by the current legislation of the Russian Federation, in particular, if a request is received from authorized state bodies.
- Any and all disputes arising between the Parties, disputes shall be resolved through negotiations.
- The Party have agreed that the claim (pre-trial) procedure for settlement of disputes arising as a result of the performance of this Agreement is mandatory for them.
- The Parties agreed that the deadline for response to the claim within 15 working days.
- In the event of a legal dispute, the dispute is referred to the court at the location of the Agent.
Arbitration of Disputes between the Principal and its Clients
- If there is a disagreement between the Principal and its clients regarding the service provided by the Principal, and if it is impossible to settle the differences through negotiations, the client has the right to contact the Agent in connection with the dispute.
- The Agent, after receiving complaints against the Principal shall make the decision of the independent review of the dispute, or reject the resolution of the dispute and encourage the Parties to resolve the dispute directly in the manner prescribed by applicable law, including in a judicial order.
- In order to make a decision on a complaint received from the client, the Agent has the right to check the quality of the Principals services to the client, using all possible mechanisms, including requesting documents, screenshots and any information about the provision of services from each of the Parties.
- During the inspection, the Agent has the right to take measures aimed at the peaceful settlement of the dispute between the Parties.
- When conducting the check, the Agent has the right to transmit to each of the Parties to the dispute documents, arguments and explanations of the other Party.
- if the Agent decides to resolve the dispute independently, the Agent is entitled to take the position of the Principal or its client, depending on whether each of the Parties has fulfilled its obligations in the course of providing services.
In case of disagreement with the decision made by the Agent, the Parties must settle the dispute in accordance with the procedure provided for by current legislation, including in court.
- When making a decision on the results of a dispute in favor of the client, the client may be offered either a repeat quality provision of services by the Principal, or a refund (in full or in part). If the customer chooses an option related to repeated quality provision of the Principal's services, the Principal undertakes to re-provide the service paid for by the customer without any additional charges.
- The Parties agreed that in all other matters that are not provided for in this Agreement, the rules of current legislation will apply.
- This Agreement contains the entire scope of Agreements between the Parties with respect to the subject matter of this Agreement, which cancel and invalidate all other obligations or representations that may have been accepted or made by the Parties orally or in writing prior to the conclusion of this Agreement.
- Each of the Parties is obliged to notify the other Party in a timely manner about changes in their details, and bears the risk occurrences of losses as a result of such failure to notify. Notification of change of details a Party shall be sent by registered letter with presenting confirmation by the adress of the other Party specified in the details of the Parties.