PUBLIC AGREEMENT (OFFER)

about providing Services for transmitting SMS and VIBER Messages

Individual entrepreneur Roman S. Slaykovsky, identification number 345749390 (for the future - PERFORMER), guided by articles 319 and 329 of the Civil Code of Georgia, publicly through an internet resource with a domain name https://spacemarketing.ge (hereinafter referred to as the Site) offers an unlimited number of persons (hereinafter referred to as the CUSTOMER) who have registered on the Site to provide Services for transmitting SMS and Viber Messages (hereinafter referred to as the Performer and the CUSTOMERtogether as the Parties, and each separately as the party).



1. DEFINING TERMS


In this Agreement, the following terms will have the following meanings:
1.1. A public Agreement is a transaction for the provision of Services for the transmission of SMS and Viber Messages, which sets the same conditions for the provision of these Services for all customers and is concluded between the PERFORMER and the CUSTOMER on the terms of a public offer at the time of acceptance by the CUSTOMER of its terms (hereinafter referred to as the Agreement).
1.2. Public offer - an offer of the PERFORMER addressed to any individual or legal entity in accordance with article 329 of the Civil Code of Georgia to conclude an Agreement with him on the terms contained in the public offer.
1.3. Acceptance - the CUSTOMER provides full and unconditional consent to the PERFORMER's offer to conclude an Agreement on the terms specified in the public offer (articles 330,331 of the Civil Code of Georgia.
1.4. WebSite - an internet resource of the PERFORMER for providing Services with the domain name https:// spacemarketing.ge the Site is an independent Internet resource.
1.5. Services - Services for transmitting SMS and Viber Messages through the PERFORMER's WebSite, other Services offered by the PERFORMER on the Site, which are provided by the PERFORMER to the CUSTOMER on the basis of this Agreement in accordance with the terms of current Tariffs.
1.6. Message distribution service-sending by the PERFORMER for the list of Users defined by the CUSTOMER, Messages of the content declared by the CUSTOMER within the time period agreed by the Parties.
1.7. "Service line number" – the phone number of the functional division of the CUSTOMER or a third party involved by the CUSTOMER on a Agreement basis, which provides service support to Users regarding the Services provided by the PERFORMER under this Agreement, in particular, consulting, accepting complaints, providing consent or/and prohibiting receiving Messages from the CUSTOMER, etc.
1.8. Tariff - a set of offers offered to the CUSTOMER by the PERFORMER regarding the cost, conditions and scope of Services provided.
1.9. The System is a software package of the PERFORMER that allows the CUSTOMER to Register, Send SMS and Viber Messages, track their status and control their electronic virtual account. Access to the service using the System is provided to the CUSTOMER after preliminary crediting of funds to an electronic virtual account, which is 100% of the cost of SMS and Viber Messages. Deduction of funds from the main account begins from the moment the CUSTOMER sends each SMS and Viber Message using the System. If the funds in the account run out, the service is suspended until the account is replenished.
1.10. Electronic Virtual Account - software that allows the CUSTOMER to track the receipt of funds.
1.11. Client - subscriber of a mobile (mobile) communication operator with whom the CUSTOMER has an Agreement to send SMS and Viber Messages to its final equipment (GSM and CDMA standard).
1.12. Alphanumeric name - a unique combination of letters (Cyrillic or Latin) or a unique combination of letters with Arabic numerals (in the amount of not less than 3 and not more than 11), which is chosen by the CUSTOMER at its own discretion and displayed in SMS and Viber Messages as a signature-the CUSTOMER's name.
1.13. An SMS Message is a short text Message that contains information in digital text format up to 160 characters long in Latin or 70 characters long in Cyrillic. If the length of the text exceeds the above number of characters, an SMS Message will be considered each part of the text generated by the CUSTOMER, up to 153 characters long when using the Latin alphabet or up to 67 characters long when using the Cyrillic alphabet, but in any case, the number of such parts may not exceed five. If the text of one SMS Message contains Alphanumeric and numeric characters in Latin and Cyrillic, it is considered that the SMS Message was sent in Cyrillic. When sending an SMS Message that consists of five or more parts, the PERFORMER does not guarantee the CUSTOMER the correctness of their delivery to the subscriber.
1.14. Viber Messages - Messages that are generated and transmitted to Users ' end equipment via the Viber app. The Message can be Service – containing only text up to 950 characters and advertising - containing up to 1000 characters, as well as an image and a button (with a link to the URL).
1.15. Transport network - a set of hardware, communication channels and other technological infrastructure necessary for the construction and operation of an automated information exchange System between the PERFORMER and the CUSTOMER, as well as between the PERFORMER and operators for the purpose of transmitting Messages under this Agreement.
1.16. Spam Message means a Message that the User has not previously agreed to receive, regardless of its content, that meets one of the following criteria:
· Messages have the same text and are mass, meaning they are delivered to more than ten Users without their prior consent.
· Messages with the same or different text are delivered to the same User more than 10 times a day.
· The Message led to complaints filed by the User, or to technical obstacles in the transport network of the PERFORMER and/or operators.
· The Message does not contain reliable information about the name or phone number of the service line.
· The User cannot stop further receiving Messages by informing the CUSTOMER about it.
1.17. Service number - a short or long service access number allocated by the operator.
1.18. A National SMS Message is a Message that is transmitted to the client using a national Alphanumeric name.
1.19. An International SMS Message is a Message transmitted to the client using an international Alphanumeric name. Criteria for classification as an international communication:
· the content (body) of the Message contains content (text ,video, audio, graphic and other files), the original senders of which are foreign companies;
· the content (body) of the Message contains content (text, video, audio, graphics and other files), the original senders of which are international electronic payment Systems (e.g. Visa, MasterCard, AmExpress), international electronic wallets (e.g. WebMoney, Qiwi Wallet, etc.), international electronic payment processing platforms (e.g. PayPal, etc.), international social networks (e.g. Facebook, Vkontakte, Fotostrana, etc.), international OTT applications/applications (e.g. Viber, WhatsApp, Skype, etc.), international gaming internet Services (for example, worldoftanks, gameserver, mobitva.com international online booking Services (for example, Booking, AirBnB, etc.), foreign banks and foreign airlines (for example, Arab Bank, AirBaltic, etc.); Instagram Facebook, Facebook, Odnoklassniki, Vkontakte, Hotels, Amazon, Expedia, PayPal, Instagram, UPS, iTunes, etc.
· The Content (body) of the Message contains confirmation/verification codes when registering/logging Users in accounts on such web resources as Google, Booking, LinkedIn, Airbnb, E-Bay, Hotmail, Facebook, Odnoklassniki, Vkontakte, Hotels, Amazon, Expedia, PayPal, Instagram, UPS, iTunes, etc.;
· sent with a presentation of Alphanumeric names containing the names of international trademarks (brands), except in cases where such a stamp is registered for the original sender who is a resident of Georgia, which is confirmed by the relevant documents;
· sent with a presentation of Alphanumeric names that consist only of numbers, with the exception of numeric Alphanumeric names used by Georgian enterprises and organizations (for example, commercial banks, NBU, state and municipal institutions, etc.) and the use of such digital names is confirmed by relevant documents;
· sent with a presentation of Alphanumeric names that consist of characters/letters/numbers, etc., which in their combination have no meaning and / or make it impossible to identify the sender of such Messages, or in the absence of an Alphanumeric name;
· sent with a presentation of Alphanumeric names containing the words "SMS", "Info", "Service" or "Servise" in any variations;
· Messages that were sent via web resources such as SMS-fly, TurboSMS, LetsAds, EPOCHTA SMS, etc.;
· sent with a presentation of Alphanumeric names containing letters (s) that do not belong to the Latin alphabet, and/or any characters and punctuation marks, except for the punctuation mark " - "and the underscore symbol" _ " (in English "underscore"). The criteria for recognizing an SMS Message as an international one is determined by the Georgian mobile operator at its own discretion and can be changed by it at any time. The CUSTOMER understands and agrees that the operator may recognize a specific Alphanumeric name and/or SMS Message as International at any time during the term of the Agreement. In this case, all such SMS Messages sent by the CUSTOMER since the beginning of the current reporting period will be charged by the PERFORMER as International Messages without the need for additional notification of the customer.



2. SUBJECT OF THE AGREEMENT


2.1. In accordance with the procedure and under the conditions specified in this Agreement, the PERFORMER undertakes to provide the CUSTOMER with Services for providing access to the System through the transport network, which ensures the formation, delivery and confirmation of delivery of SMS and Viber Messages to the client during the term of the Agreement.
2.2. The subject defined in this Agreement is the provision of Services to the CUSTOMER in accordance with the rules for the provision of Services and the PERFORMER's current Tariffs.
2.3. The PERFORMER determines all the terms of the Agreement set out in this public offer independently and they are binding on the Parties.
2.4. The CUSTOMER is obliged to read the terms of this Agreement.
2.5. Each party guarantees to the other party that it has the necessary legal and legal capacity, which is sufficient to conclude and execute this Agreement in accordance with its terms.



3. ACCEPTANCE OF AN OFFER TO CONCLUDE AN AGREEMENT


3.1. This Agreement is the PERFORMER's offer to conclude the Agreement (offer) (article 329 of the Civil Code of Georgia) and is concluded by full and unconditional acceptance (acceptance) of all its terms by the CUSTOMER(Article 330 of the Civil Code of Georgia). The Agreement has legal force in accordance with articles 334,335 of the Civil Code of Georgia without signing a written copy by the Parties and is equivalent to an Agreement signed between the PERFORMER and the CUSTOMER.
3.2. The Agreement is concluded by registering the CUSTOMER on the Site and paying for Services at the current rates and in accordance with the procedure provided for in the Agreement, without signing a written copy by the Parties.
3.3. By entering into the Agreement, the CUSTOMER automatically confirms that they have read and agree to the terms of the Agreement, Tariffs and all the conditions set out on the WebSite.
3.4.the Services are not provided to the CUSTOMER who does not agree with the terms of this Agreement.
3.5. at the written request of the CUSTOMER, the Parties may sign a written copy of the Agreement.



4. TERMS OF SERVICE


4.1. The CUSTOMER can get acquainted with the full list and content of the PERFORMER's Services and Tariffs on the PERFORMER's WebSite.
4.2. The Services are provided to the CUSTOMER on a paid basis in accordance with the current Tariffs.
4.3. Terms of Service:
- CUSTOMER registration on the Site;
- familiarization and consent of the CUSTOMER with the terms of this Agreement;
- payment by the CUSTOMER for Services in full in accordance with the procedure provided for in the Agreement.



5. RULES FOR PROVIDING SERVICES


5.1. The Services are provided only to CUSTOMERS who are registered in the System and have joined this Agreement.
5.2. Upon registration, the CUSTOMER receives a personal Username and password that allows access to the PERFORMER's System.
5.3. The PERFORMER provides access Services paid for by the CUSTOMER to the software that generates and delivers SMS and Viber Messages. Transmission of information (text SMS and Viber Messages, phone, etc. information) from the CUSTOMER to the PERFORMER is received via the Internet (the transmission protocol is agreed with the CUSTOMER additionally; possible protocols: HTTP POST/GET, XML POST, SMPP, via software, via the WebSite).
5.4. The PERFORMER's Technical Support Service is open seven days a week from 09:00 to 21:00 by calling +995322111175, +995322151590 or by e-mail to: info@spacemarketing.ge.
5.5. Services are provided around the clock, except for the exceptions set out in clause 5.6. the PERFORMER is not responsible for interruptions in the provision of Services in connection with power supply problems, Fire, terrorist act and other circumstances, including in the case of maintenance work, as well as other routine maintenance work. 
5.6. The CUSTOMER does not have the right to send SMS and Viber Messages from 20:00 to 9:00 (on working days) and from 18:00 to 11:00 (on non-working and public holidays), which have signs of advertising Messages related to ads, Messages about promotions and Sweepstakes, greetings, news, Messages of transport (except taxi Services), collection and insurance companies.
5.7. The CUSTOMER is obliged to ensure the confidentiality of their password. The PERFORMER is not responsible to the CUSTOMER for any losses that were caused to the CUSTOMER in connection with the loss of the password.
5.8. The CUSTOMER undertakes to use the Services in accordance with the norms of the legislation of Georgia and only for transmitting information to the addressees who have given their consent to receive it.
5.9. When the CUSTOMER uses Alphanumeric names (or Dynamic Alphanumeric names), it is prohibited to use: names of mobile (mobile) operators, symbols: {| , ; % ’ # % ! ^ = [ ] ( ) \ / ~ < >}”, obscene language, proper names and names, obscure names and expressions (for example: ghtasdf), use characters other than Latin characters, use an Alphanumeric name (or Dynamic Alphanumeric name) less than 3 and more than 11 characters long and consisting exclusively of numbers.
5.10. For the use by the CUSTOMER in Alphanumeric names (or Dynamic Alphanumeric names) of trademarks (their separate parts) and/or brand names (including trademarks and/or brand names of third Parties) and/or own names, the PERFORMER reserves the right to require the CUSTOMER to provide him with documents confirming that the CUSTOMER has legal grounds for using such trademarks (their separate parts) and/or brand names and/or own names. The PERFORMER has the right not to provide Services until the above-mentioned documents are received from the customer.
5.11. When sending SMS and Viber Messages to subscribers of all mobile operators of Georgia who have proper licenses in accordance with the current legislation of Georgia, the CUSTOMER undertakes to provide the PERFORMER with Alphanumeric names planned by him for moderation. SMS and Viber Messages with an Alphanumeric name that has not passed moderation are not sent. When sending SMS and Viber Messages to subscribers of other mobile (mobile) operators, the CUSTOMER independently forms Alphanumeric names in accordance with the above standards.
5.12. The CUSTOMER guarantees that the content of the Services complies with the norms of the current legislation of Georgia, as well as the norms of laws on the protection of copyright or other intellectual property rights, legislation on the protection of individual rights, religious and general views, national dignity, as well as international law.
5.13. The CUSTOMER is fully responsible for the content of SMS and Viber Messages, including for the accuracy of information, compliance with copyright and related rights of third Parties, advertising legislation and other legal requirements for the dissemination of information that was transmitted to the addressee under this Agreement.
5.14. All complaints and complaints that arise from the addressees in connection with receiving SMS and Viber Messages and that have arisen due to the fault of the CUSTOMER are accepted and considered exclusively by the customer. To do this, the CUSTOMER undertakes to indicate the number of the CUSTOMER service phone line in all advertising materials and SMS and Viber Messages.
5.15. In case of improper performance by the CUSTOMER of obligations under this Agreement, as a result of which, the PERFORMER was damaged and/or claims/claims were made by the addressees or other third Parties, the CUSTOMER undertakes, within three banking days from the date of receipt of the notification from the PERFORMER, to compensate the PERFORMER for all losses caused and independently consider these complaints and satisfy the claims/claims of the addressees or third Parties on their own and at their own expense.
5.16. The CUSTOMER is obliged to compensate the PERFORMER for losses caused by any payments that the PERFORMER may have due to violations by the CUSTOMER during the performance of this Agreement of the current legislation of Georgia, including copyright and other intellectual property rights of third Parties, as well as for claims to the truthfulness and content of SMS and Viber Messages sent through the System.
5.17. The CUSTOMER is prohibited from sending SMS and Viber Messages that contain or have signs of advertising/information:
· Any anti-advertising and Messages discrediting third-party products and / or Services and / or any Messages that mislead the User;
· Information of an erotic or pornographic nature;
· Information with ads for casinos, microcredit, pyramid schemes, cryptocurrency mining;
· Information of a political or religious nature, various kinds of fortune tellers and healers;
· Information that contradicts the requirements of public morals and/or the law of Georgia "on the protection of Public Morals", information that encroaches on the integrity of the territorial borders of Georgia, violates the foundations of the constitutional order and/or public order and/or threatens the security of Georgia or other states, and/or violates the legal norms of other countries of the world;
·Threats, obscene language, swearing, or are offensive to the User;
· Information containing information of any discriminatory content, including (but not limited to) discrimination based on gender, sexual orientation, skin color, age, race, religion, health status, nationality, etc.), incites ethnic or religious hatred, encroaches on the honor and dignity of a person, violates any rights, including copyright/related rights of third Parties and/or intellectual/industrial property rights of third Parties; · Propaganda of fascism or neo-fascism, calls for violence and / or war;
· Information that degrades the honor and / or dignity of a person, is a manifestation of bullying about physical disabilities (injuries), illnesses, the mentally ill, the elderly;
· Promotion of drug addiction, substance abuse, alcoholism, tobacco smoking and other bad habits;
· Viruses, any malicious software, Trojans, spyware, phishing Sites," Nigerian emails " or other elements that may harm the Viber User's end hardware, including links that may be used to download malicious elements to the User's end hardware;
· Any information that does not correspond to reality, in particular, but not exclusively, while directly or indirectly asserting or suggesting that the sponsor or CUSTOMER of sending the relevant content/information is Viber or contains any other false content in relation to Viber;
· Information (including text and/or images/images/photographs) that contradicts the current legislation of Georgia. The CUSTOMER is prohibited from sending notifications in a manner and/or with content that violates the norms of the current legislation of Georgia.
· Messages that relate to "spam" Messages.
5.18. The CUSTOMER has the right to send SMS and Viber Messages only after receiving from the PERFORMER the preliminary approval of the content of SMS and Viber Messages, as well as the method and mechanics of their sending, if such SMS and Viber Messages contain or have signs of: information (including advertising) about alcohol or tobacco products, about medical Services or medical preparations, about food additives, public organizations, and information concerning, directly or indirectly, minors.
5.19. The CUSTOMER undertakes not to send SMS and Viber Messages to recipients who are subscribers of a certain mobile (mobile) communication operator, which contain advertising of telecommunications Services or information that encourages the use of telecommunications Services of other mobile (Mobile) Communication Operators, or contains advertising or information on the provision of SMS and Viber Message transmission Services that encourages cooperation with other legal entities other than the PERFORMER.
5.20. It is forbidden to use this service to distribute spam, for which the CUSTOMER is fully responsible. Spam means sending any SMS and Viber Messages to which the addressee has not previously given consent, regardless of the content of such SMS and Viber Messages and which: have the same text and / or graphic objects, audio or video files, and are mass, are delivered to the addressees without their prior consent, and / or lead to complaints by the addressee, and / or cause technical obstacles in the operation of the PERFORMER's System and / or telecommunications network of the mobile operator, and / or do not contain reliable information about the full name of the CUSTOMER, CUSTOMER service telephone line number, and/or in cases where the addressee cannot stop further receiving SMS and Viber Messages by informing the CUSTOMER about it, and/or SMS and Viber Messages for which the addressee receiving such SMS and Viber Messages will be charged for its receipt, provided that the addressee did not order such SMS and Viber Messages, and / or SMS and Viber Messages, the text of which was not previously agreed with the PERFORMER, if such text approval is mandatory under the terms of this Agreement.
5.21. The text of SMS and Viber Messages must meet the following conditions:
- characters used from the Latin alphabet:.!@#$%^&*()?><“}{:;/‘[]* "a b c d e f g h i j k l m n o p q r s t u v w x y z A B C D E F G H I J K L M N O P Q R S T U V W X Y Z 1234567890;
- symbols used in Cyrillic (most commonly used): 'no. A B C G G e e w z i i i k l m n o p r s T U F X C H S S Y Y E Y I A B C G D E E Z I I I K L M N O P R S T U F X C H S Y Y Y;
- the following characters: ~ ^ [ ] { } \ | € ― (long dashes) are considered as two characters (according to the GSM 03.38 encoding specification);
5.22. If at least one Cyrillic character is included in the text of the SMS Message, the SMS Message will be considered generated using only the Cyrillic alphabet.



6. RIGHTS AND OBLIGATIONS OF THE PARTIES


6.1. The PERFORMER has the right to:
6.1.1. independently and at its sole discretion determine all the terms of the Agreement set out in this public offer, and they are binding on the Parties;
6.1.2. unilaterally amend the Agreement;
6.1.3. receive payment for Services;
6.1.4. unilaterally change the Tariffs or the mechanism for calculating the cost of Services by changing such information on the Site;
6.1.5. without the consent of the CUSTOMER, modify the Site in any way, at its sole discretion, including changing the Site design, terms of Service, adding new Services, terminating the provision of certain Services, as well as temporarily interrupting access to the Site during the PERFORMER's performance of the above-mentioned works;
6.1.6. routine maintenance work is carried out on our own telecommunications networks and System equipment with a total duration of up to 72 hours in one calendar month, which will not be considered a break in the provision of Services;
6.1.7. at its sole discretion, promote the Site and its capabilities; place advertising materials on any page of the Site, including, but not limited to, contextual advertising, banners, as well as videos and interactive commercials;
6.1.8. monitor the content of SMS and Viber Messages for violation of the terms and conditions of this Agreement and block their sending; 6.1.9. require the CUSTOMER to comply with the terms and conditions of this Agreement and refuse to provide the service to the CUSTOMER (and terminate the Agreement unilaterally) if the CUSTOMER violates the terms of this Agreement, in particular, the rules for providing Services.
6.2. The PERFORMER must:
6.2.1. provide the Services established by this Agreement and the Tariffs;
6.2.2. in case of changes in the provisions of this Agreement, Tariffs, and the list of Services, publish their amended versions on the WebSite;
6.2.3. if necessary, provide the CUSTOMER with technical support and consulting assistance on obtaining Services;
6.2.4. comply with confidentiality requirements and do not disclose information about the CUSTOMER and its clients that is a trade secret, except in cases stipulated by the current legislation of Georgia;
6.2.5. provide the CUSTOMER with access to receive Services no later than 5 (five) calendar days from the date of full debiting of funds from the customer's Electronic Virtual Account;
6.2.6. provide the CUSTOMER with the ability to control information about:
- actual crediting of the amount of funds transferred by the CUSTOMER to a personal electronic virtual account;
- status of your electronic virtual account;
- status of each Message sent for sending via the PERFORMER's WebSite http://spacemarketing.ge
6.3. The CUSTOMER has the right to:
6.3.1. receive orders and paid Services on time and in full;
6.3.2. top up your electronic virtual account independently, based on your own considerations, by determining the deposit amount;
6.3.3. receive oral advice on issues related to the performance of Services under this Agreement, using the Services of the PERFORMER's technical support service at the phone number specified in this Agreement.
6.4. The CUSTOMER must:
6.4.1. register on the Site;
6.4.2. fully comply with all the terms of this Agreement, without exception, and do not perform actions that are expressly prohibited by it;
6.4.3. use the Site only for legitimate purposes;
6.4.4. comply with the rules for providing Services under the Agreement;
6.4.5. use the Services provided by the PERFORMER exclusively for the purposes specified in this Agreement;
6.4.6. pay for the ordered Services in the manner, amount and within the time limits established by this Agreement;
6.4.7. independently get acquainted with the Tariffs on the Site before sending SMS and Viber Messages through the PERFORMER's System. The Parties agreed that the fact of sending SMS and Viber Messages by the CUSTOMER or on his behalf through the System means that the CUSTOMER is familiar with and agrees with the Tariffs and does not have the right to refer to ignorance about the cost of Services and guarantees payment for the Services provided in accordance with the current Tariffs;
6.4.8. be the owner of a database of phone numbers of recipients of SMS and Viber Messages;
6.4.9. it is mandatory to obtain from the addressee to whose phone you plan to send SMS and Viber Messages with the customer's information, written consent, in accordance with the current legislation of Georgia, to receive such Messages and ensure the possibility of refusing to receive SMS and Viber Messages transmitted by the PERFORMER under this Agreement. In order to be able to refuse to receive SMS and Viber Messages, the CUSTOMER undertakes to include in each SMS and Viber Message sent, the phone number of the customer's service department and the name of the customer's company;
6.4.10. immediately stop sending SMS and Viber Messages if the addressee has informed the CUSTOMER by any available means of communication about his prohibition or/and refusal to receive SMS and Viber Messages transmitted under this Agreement. The CUSTOMER also undertakes to immediately stop sending SMS and Viber Messages if the PERFORMER notifies the CUSTOMER by fax or e-mail about the refusal or/and Prohibition of such addressee to/from receiving SMS and Viber Messages transmitted under this Agreement;
6.4.11. do not use any personal data of individuals receiving SMS and Viber Messages while working with the System, using only depersonalized personal data;
6.4.12. do not transmit spam Messages to addressees, as well as other information containing: false or confidential information; information that was obtained by the CUSTOMER on illegal grounds, information that violates the copyright or related rights of third Parties, and information whose dissemination is prohibited by the current legislation of Georgia;
6.4.13. ensure the confidentiality and safety of your account, do not transfer the Username and password to log in to the customer's personal account to other persons. The CUSTOMER is solely responsible for all actions related to the use of his account, and is responsible for any consequences that will result from the use of his account by third Parties;
6.4.14. in case of improper performance by the CUSTOMER of obligations under this Agreement, as a result of which, the PERFORMER has suffered damage and/or filed claims/claims on the part of the addressees or other third Parties, within three banking days, from the date of receipt of notification from the PERFORMER, compensate the PERFORMER for all losses caused and independently consider these complaints and satisfy the claims / claims of the addressees or third Parties on their own forces and Means and at their own expense;
6.4.15. immediately inform the PERFORMER in case of errors in the operation of the Site, incorrect display of information.
6.4.16. The Parties agreed that the CUSTOMER is prohibited from distributing Messages containing or having signs of:
· Any anti-advertising and Messages discrediting third-party products and / or Services and / or any Messages that mislead the User;
· Information of an erotic or pornographic nature;
· Information with advertising of casinos, micro-loans, financial pyramids, cryptocurrency mining;
· Information of a political or religious nature, various kinds of fortune tellers and healers;
· Information that contradicts the requirements of public morality and / or contains data or information prohibited by the Criminal Code of Georgia, which encroaches on the integrity of the territorial borders of Georgia, violates the foundations of the constitutional order and / or public order and / or threatens the security of Georgia or other states, and/or violates the legal norms of other countries;
· Threats, obscene language, swearing or offensive to the User;
· Information containing information of any discriminatory content, including (but not limited to) discrimination based on gender, sexual orientation, skin color, age, race, religion, health status, nationality, etc.), incites ethnic or religious hatred, encroaches on the honor and dignity of a person, violates any rights, including copyright/related rights of third Parties and/or intellectual/industrial property rights of third Parties;
· Propaganda of fascism or neo-fascism, calls for violence and / or war;
· Information that degrades the honor and / or dignity of a person, is a manifestation of bullying about physical disabilities (injuries), illnesses, the mentally ill, the elderly;
· Promotion of drug addiction, substance abuse, alcoholism, tobacco smoking and other bad habits;
· Viruses, any malicious software, Trojans, spyware, phishing Sites," Nigerian emails " or other elements that may harm the Viber User's end hardware, including links that may be used to download malicious elements to the User's end hardware;
· Any information that does not correspond to reality, in particular, but not exclusively, while directly or indirectly asserting or suggesting that the sponsor or CUSTOMER of sending the relevant content/information is Viber or contains any other false content in relation to Viber;
· Information (including text and/or images/images/photographs) that contradicts the current legislation of Georgia. The CUSTOMER is prohibited from sending notifications in a manner and/or with content that violates the norms of the current legislation of Georgia.
· Messages that relate to "spam" Messages.
6.4.17. The CUSTOMER is obliged to coordinate with the responsible employee of the PERFORMER text Messages (their content and form), as well as the method and mechanics of sending them if such text Messages contain or have the following characteristics:
6.4.17.1. Providing information (including advertising) about alcohol or tobacco products; Providing information (including advertising) about medical Services or medical products;
6.4.17.2. Providing information (including advertising) about food additives;
6.4.17.3. Providing information (including advertising) about public organizations;
6.4.17.4. Providing information (including advertising) concerning, directly or indirectly, minors;
6.4.17.5. Viruses or other elements that may harm the operation of the operator's and/or PERFORMER's telecommunications network.
6.4.18. The CUSTOMER undertakes not to send Messages to Users of an individual operator / PERFORMER that contain advertising of Services or information that encourages the use of Services of other operators, except for this operator or a PERFORMER other than the PERFORMER, respectively.
6.4.19. The CUSTOMER undertakes, at the first request of the PERFORMER, to submit the text of the notification for approval, in order to analyze the compliance of its form, subject matter and content with the legislation of Georgia and the provisions of this Agreement. If, in the opinion of the PERFORMER, its form, subject matter and content contradict the legal requirements or provisions of this Agreement, or the CUSTOMER refuses to provide the PERFORMER with the text of the notification for approval, the PERFORMER has the right to refuse to send (or block) such Messages, and the funds paid to the PERFORMER in this case are not returned.
6.4.20. At the first request of the PERFORMER, the CUSTOMER must provide confirmation of the accuracy of the Messages, compliance of their content and form with the legislation of Georgia, as well as confirm that the CUSTOMER complies with copyright and related rights.
6.4.21. In order for the User to refuse to receive Messages, the CUSTOMER undertakes to include the phone number of the customer's Service Department in each Message sent.
6.4.22. At the first request of the PERFORMER, provide confirmation that the User has provided consent and does not object to receiving notifications or personally ordered the specified service.
6.4.23. The CUSTOMER is obliged to send requests for the use of Alphanumeric names by e-mail to the address of the responsible person of the PERFORMER specified in this Agreement.



7. PRICES AND PAYMENT PROCEDURES


7.1. The CUSTOMER can find information about the cost of Services, including the cost of International Messages sent, in the corresponding section of the PERFORMER's WebSite.
7.2. If the CUSTOMER sends SMS and Viber Messages that meet the international criteria, the PERFORMER has the right at its sole discretion:
- either refuse (or block) the transmission of such international SMS and Viber Messages;
- or tariff sent SMS and Viber Messages as International Messages for the entire reporting period.
7.2.1. The cost of Services for sending international SMS and Viber Messages is determined in the national currency of Georgia - Lari at the official exchange rate of Lari to Euro (currency equivalent of value expression) established by the NBU on the date of conclusion of this Agreement by the Parties. In the event of a change in the official exchange rate of the Lari to the euro established by the NBG as of the last day of the reporting period in relation to the official exchange rate of the NBG established on the date of drawing up by the Parties to this Agreement, the cost of Services provided for sending international SMS and Viber Messages is recalculated by the PERFORMER and determined in the national currency of Georgia - Lari in accordance with the official exchange rate of the NBG established on the last day of the reporting period.
If the CUSTOMERtakes into account the debt on payment for sending international SMS and Viber Messages, the PERFORMER has the right to pay off such debt from the next payment received from the CUSTOMERin the first place without the need for additional notification and approval of this with the customer. Additional payment of the unpaid part of the cost of Services for sending international SMS and Viber Messages, which arose in connection with the recalculation of their cost, can also be made by the CUSTOMERon the basis of an invoice issued by the PERFORMER based on the result of providing Services for the specified period, within 3 calendar days from the date of its receipt.
7.3. Services are provided on a 100% prepayment basis by transferring funds to the PERFORMER's current account. If necessary, the CUSTOMER can independently create an invoice using the PERFORMER's System.
7.4. Services are paid for by the CUSTOMER in Lari.
7.5. The moment of payment is the date when funds are credited to the PERFORMER's bank account in full.
7.6. When paying for Services, the CUSTOMER independently pays for all and any banking Services and payment System commissions.
7.7. The CUSTOMER is independently responsible for the correctness of payments made by him and their timeliness.
7.7.1. When adding funds to your personal account online on the WebSite my.spacemarketing.club charges a 2.75% Commission for an accelerated deposit service. The deposit will take place within 3 minutes.
7.8. The Parties have agreed that the PERFORMER's data is accepted for making payments for the Services provided by the PERFORMER in accordance with this Agreement.
7.9. The PERFORMER has the right to change the cost of Services at any time unilaterally without any special notification to the customer. The new version of Tariffs comes into force from the moment it is published on the Site. The CUSTOMERis considered informed about the change in Tariffs from the moment their new version is published on the Site.



8. RESPONSIBILITY


8.1. In case of non-fulfillment or improper fulfillment of the terms of this Agreement, the Parties are liable in accordance with this Agreement and the current legislation of Georgia.
8.2. the PERFORMER is not responsible:
- for failure to provide, improper provision of Services due to failures that occurred in the operation of telecommunications and energy networks, malicious programs, as well as unfair actions of third Parties aimed at unauthorized access and/or disabling of the Site (its software) and/or hardware complex of the PERFORMER. The PERFORMER undertakes to take all reasonable measures to prevent this and eliminate the problems that have arisen as soon as possible;
- for the content of SMS and Viber Messages and the name of the sender sent by the CUSTOMER when using the System;
- for any losses that may arise from the CUSTOMER as a result of using the Services, including as a result of damage or loss of data as a result of delays, non-receipt or interruption of Services that were caused by errors or negligence of the CUSTOMER, and does not compensate them under any circumstances;
- for deterioration of the quality of Services, interruptions in work that have occurred directly or indirectly for reasons beyond the control and influence of the PERFORMER;
- for the information contained in the SMS Message sent by the customer;
- if the Site is used by third Parties due to the customer's failure to comply with the confidentiality of their Username and password to log in to the Site.
8.2.1. The PERFORMER does not guarantee the absolute uninterrupted or error-free operation of the Site and undertakes to make all reasonable efforts and take measures to prevent this and eliminate problems that have arisen as soon as possible.
8.3. If the CUSTOMER violates the terms of this Agreement, including the rules for providing Services, the PERFORMER reserves the right to suspend the provision of Services, notify the CUSTOMER within 24 hours and conduct an internal investigation with bringing the CUSTOMER to justice. If the fact of violation is confirmed, the PERFORMER reserves the right to:
8.3.1. terminate this Agreement unilaterally, with the CUSTOMER reimbursing all losses caused to the PERFORMER, including (but not limited to) by canceling the balance on the customer's electronic account (which is credited to the compensation account);
8.3.2. after negotiations with the CUSTOMER and compensation for all losses incurred by the PERFORMER related to the customer's violation of the terms of the Agreement, resume the provision of Services. In this case, the PERFORMER reserves the right to change the terms and conditions stipulated in the Agreement.
8.4. The PERFORMER does not provide any guarantees and is not responsible to the CUSTOMER regarding the delivery of SMS and Viber Messages to the addressees under this Agreement in the event of:
- when the addressee is out of reach of the telecommunications network of the corresponding mobile operator;
- disconnection (disconnection) by the addressee of the end equipment belonging to him;
- improper operation of the telecommunications network of the mobile (mobile) communication operator, access to which is used by the PERFORMER to provide Services under this Agreement;
- sending SMS and Viber Messages to recipients of subscribers of the mobile operator (mobile) of mobile communications in other countries of the world;
- if the text of the SMS and Viber Message consists of more than five parts, each of which consists of 153 characters when using the Latin alphabet or 67 characters when using the Cyrillic alphabet;
- if other provisions of the rules for providing Services to this Agreement are violated.
8.5. The PERFORMER does not store or process any personal data from the customer's personal data databases, but only uses depersonalized personal data properly processed and transmitted by the customer. 8.6. The CUSTOMER's claims regarding the Services are accepted by the PERFORMER for consideration in writing to the PERFORMER's email address info@spacemarketing.ge no later than (three) business days from the date of occurrence of the dispute. The deadline for reviewing the customer's claims is no more than 5 (five) business days.
For violation by the CUSTOMER of the obligations set out in clauses 6.4.16, 6.4.17 of this Agreement, the CUSTOMER pays the PERFORMER an Agreement sanction in the national currency of Georgia (Lari), the amount of which is 3500 (three thousand five hundred) Lari, for each fact of violation, and also compensates the PERFORMER for losses caused by such violation.
8.7. If the CUSTOMER sends a notification without the consent of Users, which is confirmed by complaints from at least two Users, the fact of whose consent the CUSTOMER cannot confirm, as well as for violation by the CUSTOMER of the obligations set out in clauses 6.4.16, 6.4.17 of this Agreement, the CUSTOMER pays the PERFORMER a penalty in the national currency of Georgia (Lari), the amount of which is equal to 700 (seven hundred) Lari for each fact of such violation, and also compensates the PERFORMER for losses caused by such violation.
8.8. If the CUSTOMER violates the terms of this Agreement and/or the current legislation, as a result of which the PERFORMER was damaged and/or claims/claims were made by Users or other third Parties, the CUSTOMER undertakes to compensate the PERFORMER for all losses caused and independently consider complaints and satisfy the claims/claims of Users or third Parties on its own/means and at its own expense. 8.9. In case of violation by the CUSTOMER of the obligation set out in clauses 6.4.4, 6.4.5 of this Agreement, the CUSTOMER pays in favor of the PERFORMER a penalty in the amount of five times the cost of notifications, sending which violates any of the above-mentioned clauses, and also compensates the PERFORMER for documented losses caused by such violation.
8.10. The CUSTOMER is responsible for the content of Messages and their compliance with the requirements of the current legislation of Georgia. 8.11. the CUSTOMER is fully responsible for the accuracy of the information that was transmitted to the User under this Agreement.



9. FORCE MAJEURE


9.1. The Parties are released from liability for non-performance or improper performance of obligations under this Agreement, if this non-performance is the result of force majeure circumstances that the Parties could not have foreseen and which could not have been prevented by all reasonable means and which directly affect the performance of this Agreement and arose after its conclusion.
9.2. Under force majeure circumstances, the Parties understand the circumstances that occurred after the conclusion of this Agreement as a result of events of an extraordinary nature, namely: natural disasters (hurricanes, earthquakes, floods, fires, lightning, etc.), War, military operations, military operations without declaring war, armed conflicts, uprisings, revolutions, strikes, mass riots, lockouts, terrorist acts, coups d'etat, blockades, actions of state bodies, adoption of regulations, if such circumstances led to an objective impossibility for the party to fulfill its obligations under this Agreement. The Parties agreed that force majeure circumstances are also considered accidents in the energy saving and communication System, as well as decisions and actions of state and municipal bodies, organizations.
9.3. Confirmation of force majeure circumstances is a certificate from the Georgian Chamber of Commerce and industry or other authorized state body.
9.4. In the event of force majeure, the term of performance of obligations under this Agreement is postponed for the duration of such circumstances. 9.5. The occurrence of force majeure circumstances at the time of delay in the performance by a party of its obligations under the Agreement deprives this party of the right to refer to these circumstances as a ground that exempts from liability under the Agreement.



10. DISPUTE RESOLUTION


10.1. The Parties will make every effort to ensure that any disputes or misunderstandings that may arise in the performance of the terms of this Agreement or in connection with it are resolved through negotiations within thirty calendar days from the moment of the dispute.
10.2. Otherwise, the dispute is subject to consideration by the relevant court in accordance with the procedure provided for by the current legislation of Georgia.
10.3. The Parties are not released from performing their obligations under this Agreement until the settlement of disputes that have arisen.



11. VALIDITY OF THE AGREEMENT


11.1. This Agreement is public and indefinite, comes into force from the moment specified in clause 3.2. of the Agreement, and is valid for the period of provision of ordered and paid Services, but in any case until the Parties fully fulfill their obligations under the Agreement.
11.2. This Agreement is publicly communicated to all customers by posting (publishing) it on the Site.
11.3. This Agreement may be fully or partially amended by the PERFORMER at any time unilaterally without any special notification to the customer. The new version of the Agreement comes into force from the moment it is published on the Site. The CUSTOMER is considered informed about changes in the terms of the Agreement from the moment of publication of its new version on the Site.
11.4. Termination of the Agreement is possible by Agreement of the Parties and at the initiative of one of the Parties. In case of termination of the Agreement at the initiative of the CUSTOMER, the advance payment is not refunded, but is finalized by the customer.
11.5. The invalidity of certain provisions of this Agreement does not entail the invalidity of the entire Agreement as a whole.
11.6. The expiration of the Agreement does not release the Parties from liability for its violation, if this occurred during the term of the Agreement.



12. SPECIAL CONDITIONS.


12.1. The moment when an SMS Message is sent to Viber and the balance on the customer's electronic virtual account is reduced accordingly is considered to be the moment when the System puts it in the queue for sending.
12.2. If it is impossible to provide Services under this Agreement, the PERFORMER notifies the CUSTOMER about this and returns the amount of the balance on the customer's electronic virtual account at the time of notification within 10 (ten) banking days from the date of receipt by the PERFORMER of the customer's written request, unless the Parties agree otherwise.
12.3. The term for sending paid SMS and Viber Messages by the CUSTOMER is limited to one calendar month. If the CUSTOMER paid for but did not use the paid SMS and Viber Messages – they do not go to the next month, and the funds paid for them will not be refunded.



13. OTHER CONDITIONS


13.1. Personal data
The CUSTOMER confirms and acknowledges that by registering on the Site, he thereby gives full and unconditional consent (permission) to the PERFORMER for the processing of his personal data provided during the registration process, namely: for their collection, accumulation, storage, use, depersonalization, destruction, both in written and electronic form, including using information (automated) Systems. The purpose of collecting and processing the customer's personal data on the Site is to maintain communication with them, including: providing the CUSTOMER with access to use the Site, processing their orders, ensuring compliance with the requirements of the current legislation of Georgia (including for the purpose of preventing and suppressing illegal and illegal actions of customers).
The PERFORMER takes all necessary measures to protect the customer's personal data from accidental loss or destruction, from illegal processing, including illegal destruction or access to them.
The CUSTOMER confirms that he understands his rights defined by the law of Ukraine "on personal data protection", in particular Article 5 of this law, as well as the purpose of collecting, storing and processing his personal data. The CUSTOMER also agrees to an indefinite period of processing their personal data. 
13.2. Intellectual property
The CUSTOMER acknowledges that the exclusive right to both the software and the Site as a whole, as well as to their components and products derived from them, belongs to the PERFORMER. The CUSTOMER confirms that it will use the Site and the software only in accordance with this Agreement and will not attempt to "disclose the code", copy, emulate, create new versions, sell, modify, decompile, analyze the code, otherwise use the source text and Object Code of the software without the written permission of the PERFORMER.
All photos, videos, graphic images, music and sound works, signs for goods and Services contained on the Site are subject to intellectual property rights. The right to use the content of the Site (including the right to select, Place, Systematize and transform the data contained on the Site, as well as the data itself), except for cases separately specified in the content of materials published on the Site, belongs exclusively to the PERFORMER.
The CUSTOMER has the right to copy (download, download) materials (information) from the Site only for personal use. Distribution, publication or other use of Site data is not allowed without a link to the Site.
In case of violation of the terms of this section of the Agreement, the CUSTOMER is liable under the current legislation of Georgia.
13.3. The PERFORMER has the right, at its sole discretion, to involve third Parties in the performance of this Agreement.
13.4. Each of the Parties is obliged to ensure strict confidentiality of information received from the other party during the performance of the Agreement. The transfer of this information to third Parties, its publication or disclosure in any other way may take place only by written Agreement of both Parties, regardless of the reasons and term of termination of the Agreement, except in cases stipulated by the current legislation of Georgia.
13.5. In cases not regulated by this Agreement, the Parties are guided by the current legislation of Georgia.
13.6. This Agreement is drawn up in Georgian and the CUSTOMER confirms that they understand its content.



14. PERFORMER'S BANKING DETAILS


Roman Sergeyevich Slaykovsky

Tbilisi, Mgaloblishvilin13 STR..Batumi, Jul Shartava Avenue , No. 7, floor 7, Flatn22

IN 345749390