Rus
E-mail: online@modduscard.com
Tel.: +44.709.2879120
1. Introduction
1.1.The present Agreement is a binding contract in the form of public offer (hereinafter referred to as the Agreement) between the Client and company Moddus Ltd., hereinafter referred to as the "Company". Unconditional acceptance of conditions of the present Agreement with the Client is considered the moment of performance by the Client of registration on the site http://modduscard.com/ and obtaining of access to management of the Account.
1.2.The given Agreement is a legal contract and supersedes all previous agreements, contracts and agreements between the Client and the Company.
1.3.The Ñompany undertakes not to disclose any information on the Client, which became known to it in the course of cooperation under the present Agreement, except for the cases provided by the legislation of the British Virgin Islands.
1.4.The Ñlient is aware and accepts the fact that the Company does not render bank services and is not a bank or any other financial institution.
1.5.Each article of the present Agreement is a several clause. Cancellation of a certain article in the present Agreement does not entail invalidity of other articles of the Agreement.
1.6.The Ñlient can register only one Account in the Modduscard.com service offered by the Company.
1.7.Registration of the Account for the new Client is carried out sequentially in three stages:
I.The Ñlient fills the "Registration form" on the Company's site (http://www.modduscard.com)
II.Then the client should forward the following documents by fax or email to the Company:
1.Signed copy of the present Agreement
2.Copy of ID
3.Copy of document confirming address of registration and/or actual residence
III.Having received the specified documents, the Company carries out verification (check) of data of the Client within 2-3 working days.
1.8.In individual cases and at discretion of the Company the list of documents specified in clause 1.7. can be extended.
1.9.Without verification the Account can be used only for replenishment. All outgoing transactions on the account, except for settlements with the Company, shall be blocked until the moment of passing of verification.
1.10.After receipt by the Company from the Client of all necessary signed documents specified in Article 1.4.1., all further contracts between the Client and the Company can be concluded and coordinated by means of electronic communication.
1.11.Agreements, Contracts, Regulations and other conditions received by means of e-mail and/or published by the Company on the site to http://www.modduscard.com/address are legally effective, the parties have no right to dispute such given documents.
1.12.The Ñompany does not bear liability for unsuccessful attempt of the Client to contact the Company and consequence arising therefrom. The Ñompany does not bear liability for any indirect, collateral or accidental losses arising from or connected with use of products and services granted by the Company or any components thereof. The Ñompany does not bear liability for any indirect, collateral or accidental losses, including damage caused to goodwill, benefit or expected gain of the Client and third parties (no matter how it was caused).
2. Verification (check) of registration data
2.1.At any moment after registration and verification of the Account of the Client, the Company can subject registration data of the Client to secondary verification.
2.2.For performance of the procedure of secondary check of the registration data, the Company has right to request from the Client notarially certified copies of earlier sent documents. In case if the requested documents will not be received by the Company within 30 days or if the received documents will not meet the requirements of the Company, the Company has the right to suspend servicing of the Account. The Ñompany also reserves the right to submit an inquiry to notarial authority for certification of the fact of reference of the Client for authentication of copies of earlier sent documents.
2.3.The identification cards provided by the Client to the Company, are subject to check for authenticity and validity. However the Company does not bear liability for consequences of possible falsification. Liability for damage, caused by invalidity of signatures or in case if false document were not found, is borne by the Client, except for cases of gross error from the part of the Company.
2.4.The Ñlient bears full liability for granting to the Company of full and reliable information according to the present Conditions and for timely updating of such information. The Ñlient agrees to notify the Company on changes of registration data immediately.
3. Opening and servicing of Account
3.1.Products and/or services offered by the Company are not intended for use and cannot be accessible in places where they are forbidden by legislation of B.V.I. The Ñlient bears full liability for observance of local laws.
3.2.The Ñompany renders services only to persons who have attained 18 years of age and reserves the right to refuse to any applicant without explanation of reasons.
3.3.For opening of the Account the Client should fill the "Registration form" on the Company website (http://www.modduscard.com), having provided to the Company personal data, such as full name, address of permanent residence and contact phone.
3.4.The Ñlient is obliged not to use service in illegal actions causing or able to cause damage to third parties. The Ñlient is forbidden to assign to third parties access to the Account and to other products (services) of the Company. In exceptional cases (illness of the Client) and only after coordination with the Company, the possibility of management of the Account and/or other products of the Company by a third party is provided on the basis of issued power of attorney.
3.5.The Ñompany and the Client reserve the right to terminate their relations at any moment and on own initiative. Termination of any operations on the Account is carried out without damage of rights of the Company, obligations of the Client and debts befre the Company from the moment of closing of the Account.
3.6.The Ñompany has the right to suspend servicing of the Client in case if:
a)The Client breaches any provisions of the present Agreement or additional conditions, special instructions, etc.
b)The Account of the Client was not verified and/or didn’t pass secondary check of registration data.
c)In case of insolvency, death or any other inconsistency of the Client.
3.7.The Ñompany in the right to suspend service of the Account of the Client or any individual transaction (action) if it shall consider the movements on the Account or any separate transaction suspicious or fraudulent, until finding out of all circumstances. If as a result of finding out of circumstances or impossibility of finding out of such circumstances the Company shall consider actions of the User fraudulent and contradicting the present Agreement, the laws of the B.V.I., the Account of the User will be closed. At this the balance of the Account of the User or the sum received under a doubtful transaction, will be forwarded back to the last sender, from whom such funds were received, or will be frozen until finding out of the origins and belonging of funds by law enforcement and/or judicial authorities.
3.8.Procedure of closing of the Account and return of funds to the Client is governed by additional rules. At closing of the Account the Company shall preserve all documents granted by the Client of the Company at the moment of opening of the Account and in settlement of transactions on the Account.
3.9.In case of liquidation or death of the Client, the present Agreement or any additional rules become null and void from the moment of death. In this case the balance of the Account can be paid according to the current legislation and provisions of the present Agreement and additional rules at application of persons which will provide the company with original documents confirming their title to such funds. The Ñompany has the right to freeze the Account temporarily for withdrawal of funds in case of occurrence of disagreements between the persons declaring title to such funds.
4. Management of the Account
4.1.Management of the Account is carried out by the Client through web interface on the company website (www.modduscard.com). The Client can receive access to the Account from any computer with Internet connection.
4.2.The Ñompany undertakes to provide the Client with access to Account management system and ability to settle transactions on the Account 24/7, except for cases of carrying out of technical or preventive works.
4.3.Payment for services rendered by the Company, is effected by the Client according to fixed fees. The Ñompany reserves the right to change fees without notification of the Client, but subject to publication of the message thereon on the Company website.
4.4.In addition to the established fees and amendments thereof, the Client pays all telephone, telefax and mailing expenses incurred in the course of mutual business relations with the Company. Payment of additional expenses is collected by the Company from the Client in acceptance-free order.
4.5.The Ñompany does not bear liability for losses and/or damages caused by inability of the Client to use personal computer and/or corruption of network safety of the computer of the Client by any malicious software, actions (omissions) or misuse of personal computer, equipment and parts thereof.
4.6.All actions on the site of the Company and within the limits of Account of the Client, performed under registration data of the Client, are considered as actions performed on behalf of the Client.
4.7.The Ñompany has the right to write-off any funds which were received to the Account of the Client from the Client or third parties, in case of occurrence of financial liabilities before the Company.
5. Safety
5.1.For the purpose of maintenance of safe access to all information on the Account, funds of the Client and management of the Account, the Company carries out identification of the Client each time he accesses the Account. For identification of the Client the Company uses the LOGIN and the PASSWORD issued to the Client at opening of the Account.
5.2.The Ñlient bears full liability for observance of privacy and use of the LOGIN and the PASSWORD from the moment of their receipt from the Company. The Ñompany does not bear liability for losses and/or damages caused as a result of misuse, loss or use of the LOGIN and the PASSWORD by third parties.
5.3.For the safety purposes the Company does not carry out any inquiries for transactions declared by usual electronic mail because it is not safe and the Company cannot guarantee, that:
a.The e-mail will be delivered and/or delivered in time
b.The e-mail was sent from the specified person (the Client of the Company)
c.The e-mail was not subject to interventions from third parties
d.The content of the e-mail remains invariable from the moment of its forwarding until the moment of its receipt.
5.4.The parties agree in understanding of the fact that sending of important information by e-mail is unsafe. In this connection, if the Client uses e-mail in communication with the Company, the Company considers such behaviour as the consent of the Client to potential risks. The Ñompany does not bear liability for any losses and/or damages caused as a result of use of e-mail by the Client.
5.5.For any communication with the Company the Client should use the safe INTERNAL MAIL SYSTEM of the Company through the interface of Account management. This service is used by means of access to the Internet.
5.6.In case of detection of any failures, technical malfunctions or errors in the work of Account management system, the Client undertakes to the Company inform thereon immediately.
5.7.In case of loss of access to the ACCOUNT CONTROL SYSTEM, loss of the LOGIN and/or the PASSWORD, reasonable suspicions that the LOGIN and the PASSWORD can be known to third parties, the Client is obliged to notify the Company immediately for timely and adequate measures.
5.8.The Ñompany has the right to store the protocol of all information interchange with the Client, carried out by e-mail, phone or by means of other communication media until the Company considers it necessary. Any inquiry about fulfillment of operation (action) or transaction, forwarded through the interface of the Company for Account management under the LOGIN and the PASSWORD of the Client, shall be performed by the Company on the same bases as an act of legal requirement received in writing.
6. Information change
6.1.The Ñompany reserves the right to make amendments and changes in conditions of use of the product/service, condition of servicing, access to the Account and managements thereof, including the present Agreement and any Additional rules by notification of the Client at his access to the Company web site (http://www.modduscard.com)
6.2.If amendments and changes made by the Company to Conditions of use of the product/service, support, access to the Account and managements thereof require acknowledgement of the Client, the Company forwards to the Client the corresponding notice 30 days prior to the effective date of amendments and changes. Until the Client confirms the specified amendments and changes, the Company reserves the right temporarily to suspend servicing of the Account of the Client. The first operation performed by the Client after the effective date of amendments and changes is considered as consent of the Client with such amendments and changes.
7. Taxes
7.1.In case if the Client has tax charges or term tax liabilities in any country, they remain exclusively liability of the Client. The Ñompany does not notify the Client concerning tax liabilities of the Client and does not bear liability for taxes under any circumstances.
7.2.Under such circumstances when governmental, judicial or regulatory authorities demand from the Company covering of tax liabilities of the Client, and in case if the Client refuses to fulfill such liabilities, the Client agrees to reimburse the Company for all payments.
8. Force majeure circumstances
8.1.The parties do not bear liability for delay or default of their obligations stipulated in the present Conditions or in any Additional rules, contracts and/or transactions, which resulted from force majeure circumstances, including, but not limited to, acts of nature, wars, fires, floods, explosions, acts of terrorism, civil commotions, strikes; lack, bad functioning or failure of power supply, Internet connection, communication media and other services.