Public Offer Agreement
Effective as of March 1, 2020
Revised as of November 12, 2021
1. DEFINITIONS
1.1. Website (Platform) — the internet resource located at https://hq-accounts.com, including all its pages, subdomains, and functionality.
1.2. HQ-ACCOUNTS (Operator) — the Website administration.
1.3. User — an individual who uses the Website, including those who have registered on the Website.
1.4. Agreement — this Public Offer, including all appendices and amendments thereto.
1.5. Product — a digital product (account) listed on the Website for purchase or sale.
1.6. Balance — the User's internal account on the Website reflecting the state of mutual settlements between the User and HQ-ACCOUNTS.
1.7. Agency Fee — the commission charged by HQ-ACCOUNTS for the provision of agency services, the amount of which is determined by the Tariffs posted on the Website.
1.8. Acceptance — the User's full and unconditional acceptance of the terms of this Agreement in the manner specified in Section 4 hereof.
1.9. Parties — HQ-ACCOUNTS and the User collectively; Party — either of them individually.
1.10. Tariffs — the terms of service provision and their cost as published on the Website.
2. GENERAL PROVISIONS
2.1. This Agreement constitutes a public offer — a proposal addressed to an unlimited number of persons to enter into a contract on the terms set forth herein.
2.2. The Agreement sets forth the terms of use of the Website and governs the legal relations between HQ-ACCOUNTS and the User arising in connection with the use of the Website.
2.3. By making a purchase or sale on the Website, the User accepts the terms of this Agreement and gives full and unconditional consent to the provisions set forth herein, as a result of which binding legal relations arise between HQ-ACCOUNTS and the User.
2.4. If you do not agree with any provision of the Agreement or do not understand it, please refrain from using the Website until any disagreements or ambiguities are resolved.
2.5. The Privacy Policy published on the Website is an integral part of this Agreement. By using the Website, the User confirms that they have read and agree to the Privacy Policy.
3. SUBJECT OF THE AGREEMENT
3.1. HQ-ACCOUNTS grants the User the right to use the Website and reserves the right to provide a similar level of access to an unlimited number of Users in accordance with this Agreement.
3.2. The User uses the Website independently, without the direct involvement of HQ-ACCOUNTS. HQ-ACCOUNTS does not guarantee compatibility of the Website with the User's devices used to perform certain actions on the Website but may provide technical support and updates. Updated versions of the Website may include bug fixes, corrections, improvements, and/or other innovations.
3.3. The right to use the Website is granted to Users by HQ-ACCOUNTS in accordance with the Tariffs posted on the Website.
4. ACCEPTANCE OF THE OFFER
4.1. Acceptance of this Agreement is effected by the User performing any of the following actions:
(a) registering on the Website in the manner specified in Section 5 of this Agreement;
(b) purchasing or selling a Product on the Website;
(c) logging into the Website using their email address and password after this revision of the Agreement enters into force.
4.2. By effecting Acceptance, the User automatically gives full and unconditional consent to all terms of the Agreement. Acceptance of this offer is equivalent to concluding a contract.
4.3. If the User disagrees with the terms of the Agreement, the User must cease using the Website.
5. REGISTRATION AND USER ACCOUNT
5.1. The User may independently register on the Website in accordance with the procedure established by HQ-ACCOUNTS on the Website.
5.2. Upon registration, a User account is created on the Website. The User accesses the account using their personal email address and password.
5.3. The User is obliged to maintain the confidentiality of their password. All actions performed using the User's account on the Website are deemed to be performed by the User.
5.4. The User may not assign their rights and obligations under this Agreement to third parties.
6. RIGHTS AND OBLIGATIONS OF THE PARTIES
Rights and Obligations of HQ-ACCOUNTS
6.1. HQ-ACCOUNTS grants, and the User obtains, the right to directly use the Website.
6.2. HQ-ACCOUNTS has the right to unilaterally amend this Agreement, and registered Users will be notified of such changes via email.
6.3. HQ-ACCOUNTS has the right to carry out scheduled technical maintenance on the Website, during which certain functionality or the entire Website may be temporarily unavailable. HQ-ACCOUNTS may notify Users in advance via email.
6.4. HQ-ACCOUNTS has the right to carry out unscheduled technical work in cases where such work is necessary to eliminate significant errors, vulnerabilities, or Website downtime not directly caused by HQ-ACCOUNTS (e.g., hacking, attacks, etc.).
User Obligations
6.5. The User agrees to refrain from copying the Website, audiovisual displays, extracting information from it (including individual elements such as images, sounds, videos, texts), or performing any actions not expressly provided for by the Website interface.
6.6. The User agrees to conduct transactions through the Website in accordance with this Agreement and within the technical functionality and limitations of the Website. Any violation constitutes a breach of the Agreement.
Personal Data
6.7. HQ-ACCOUNTS may collect technical and personal information when the User uses the Website. Such information is collected solely with the User's consent and in accordance with the Website's Privacy Policy.
6.8. If the User provides personal data not stipulated by this Agreement and the Privacy Policy, such provision shall be deemed consent to its processing by HQ-ACCOUNTS for the purpose of performing this Agreement.
7. PAYMENT AND REFUNDS
7.1. The User undertakes to make timely and full payment to HQ-ACCOUNTS for the Services in accordance with the procedures and Tariffs specified on the Website.
7.2. The User has the right to request a refund within 24 hours from the moment of purchasing an account if it is non-functional due to the fault of HQ-ACCOUNTS and replacement is impossible. Refunds are issued via the method determined by HQ-ACCOUNTS from among the payment methods available on the Website. Refunds to bank cards are not possible. Refunds are processed within 24 hours after the User contacts technical support.
7.3. Prices in User offers include the Agency Fee and payment system commissions, i.e., the total amount payable by the User.
8. AGENCY SERVICES
8.1. When a User makes a purchase on the Website by accepting a specific offer from another User, they authorize HQ-ACCOUNTS to provide agency and other services stipulated by this Agreement and agree that, since all registered Users have accepted the Agreement, no power of attorney is required.
8.2. The obligation to pay for a transaction between Users is considered fulfilled at the moment funds are credited to the Balance of the selling User.
8.3. The User understands and confirms that HQ-ACCOUNTS is not a party to transactions between Users but acts as an agent on behalf of and at the expense of the purchasing User. Therefore, HQ-ACCOUNTS is not liable for any factual and/or legal consequences of transactions between Users.
9. INTELLECTUAL PROPERTY
9.1. The HQ-ACCOUNTS service and all related intellectual property rights, including copyrights to texts, drawings, images, databases, audio and video contained on the Website (hereinafter — "Intellectual Property Rights"), are the property of HQ-ACCOUNTS.
9.2. HQ-ACCOUNTS may at any time transfer all or part of its Intellectual Property Rights to a third party without notice to the User by granting an exclusive or non-exclusive license.
9.3. The User acknowledges all Intellectual Property Rights and undertakes to respect them during and after use of HQ-ACCOUNTS.
10. LIMITATION OF LIABILITY
10.1. HQ-ACCOUNTS acts as an information intermediary (agent) and is not a seller or buyer of Products listed on the Website. HQ-ACCOUNTS provides the technical capability for listing and purchasing digital products but does not participate in transactions between Users as a party. HQ-ACCOUNTS is not liable for the quality, safety, legality, or accuracy of descriptions of Products listed by Users. Claims related to infringement of third-party rights are handled in accordance with the procedure set forth in the Store Rules.
10.2. HQ-ACCOUNTS is not liable for any errors or defects of the Website or other malfunctions beyond its control.
10.3. HQ-ACCOUNTS is not liable for the suitability of the Website for the User's intended purposes.
10.4. The User is responsible for any use of the Website and HQ-ACCOUNTS data that violates this Agreement, as well as any other unlawful use of the Website.
10.5. If the User uses the Website or HQ-ACCOUNTS data in a manner inconsistent with the Agreement and the Privacy Policy, the User bears full responsibility for all resulting damages.
10.6. HQ-ACCOUNTS is not responsible for actions on the Website unless such actions were intentionally carried out by HQ-ACCOUNTS and/or its employees to violate this Agreement.
10.7. In any event, the aggregate liability of HQ-ACCOUNTS under this Agreement shall be limited to the total amount actually paid by the User for services under this Agreement.
10.8. All Products offered on the Website are intended exclusively for lawful use for the purposes of social media marketing (SMM), targeted advertising, freelancing, software and service testing, and other lawful purposes not prohibited by applicable legislation. HQ-ACCOUNTS is not liable for the use of Products for purposes that violate applicable law. The User undertakes to use purchased Products in strict compliance with applicable legislation.
11. FORCE MAJEURE
11.1. Neither Party shall be liable for the full or partial failure to perform its obligations under this Agreement if such failure results from force majeure circumstances.
11.2. Force majeure circumstances include, but are not limited to: natural disasters, fires, floods, earthquakes, epidemics, military actions, terrorist acts, strikes, governmental actions, DDoS attacks and other cyberattacks, blocking of internet resources by authorized authorities, and changes in legislation that make performance of obligations impossible.
11.3. A Party unable to perform its obligations shall notify the other Party in writing within 5 (five) calendar days of the occurrence and cessation of force majeure circumstances.
11.4. If force majeure circumstances persist for more than 90 (ninety) calendar days, either Party may terminate this Agreement without compensation to the other Party.
12. AMENDMENT AND TERMINATION OF THE AGREEMENT
12.1. This Agreement remains in effect until terminated by HQ-ACCOUNTS. If HQ-ACCOUNTS decides to close or suspend the Website, Users will be notified in advance. The Agreement is considered terminated upon closure or suspension of the Website.
12.2. If the Agreement is amended, the User must review the changes. Logging into the Website after the new version enters into force constitutes full acceptance. If the User disagrees with the new revision, they must stop using the Website.
12.3. HQ-ACCOUNTS may unilaterally terminate the Agreement if the User violates any terms. Termination occurs extrajudicially at the moment the User's authorized access to the Website is revoked.
12.4. HQ-ACCOUNTS may refuse to conclude the Agreement if the User previously violated the Website's license terms or other agreements with HQ-ACCOUNTS, or may terminate the Agreement at any time without monetary compensation.
13. GOVERNING LAW AND DISPUTE RESOLUTION
13.1. This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction where HQ-ACCOUNTS is located, unless otherwise required by applicable mandatory law.
13.2. All disputes and disagreements arising out of or in connection with this Agreement shall be resolved by the Parties through written claims. The claim review period is 30 (thirty) calendar days from the date of its receipt.
13.3. If a dispute cannot be resolved through pre-trial proceedings, it shall be submitted to the competent court at the location of HQ-ACCOUNTS.
14. REFERRAL PROGRAM
14.1. If the User fulfills all conditions specified via the relevant link, HQ-ACCOUNTS may pay the User remuneration in accordance with the Referral System.
14.2. The User acknowledges that they are solely responsible for paying any taxes and fees associated with receiving such remuneration.
15. FINAL PROVISIONS
15.1. The Website name and domain name are protected means of individualization. Their use without the right holder's consent is prohibited.
15.2. HQ-ACCOUNTS may send Users messages via the Website interface and/or email concerning HQ-ACCOUNTS, the Website, the Agreement, and services.
15.3. Emails (including attachments) and documents sent via email or through the User's account on the Website (notifications of data changes, User requests, messages, etc.) are recognized by the Parties as legally equivalent to paper documents signed by hand. Valid email addresses are those listed on the Website for HQ-ACCOUNTS and the email provided by the User upon concluding the Agreement.
15.4. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions of the Agreement shall remain in full legal force.
16. DETAILS
Website: https://hq-accounts.com
Version History
| Date | Version | Description |
|---|---|---|
| 01.03.2020 | 1.0 | Initial publication |
| 12.11.2021 | 2.0 | Document restructured: added sections "Definitions", "Acceptance of the Offer", "Registration and User Account", "Payment and Refunds", "Agency Services", "Force Majeure", "Details"; expanded "Liability" and "Dispute Resolution" sections; updated payment systems |