Public Offer for the Conclusion of a Service Agreement Using the Gulliver Soft Platform ("Public Offer")
General Provisions
Limited Liability Company "GulliverSoft", registered and operating in accordance with the legislation of the Republic of Belarus, UNP 193772835, with the legal address: Minsk city, Ratomskaia street, building 7, (hereinafter referred to as the Service Provider), provides universal "all-in-one" software for managing and automating human resources and financial information management processes in companies - Gulliver Soft (hereinafter referred to as the Platform).
These Terms of Access and Use of the virtual Platform, access to which is provided through the domain gullivercrm.com (hereinafter referred to as the "Platform"). Access to the Platform grants Client status to the person who has accepted all the terms of use of the Platform and is the account holder (hereinafter referred to as the "Client").
This Agreement establishes the procedure and defines the terms for the Client to obtain permission to access and use the Platform, and the Client, subject to unconditional and full agreement with all terms of this Agreement and its Annexes, accepts this Agreement in the manner determined by this Agreement, which indicates the Client's full agreement to adhere to the terms of this Agreement.
If the Client does not agree with any term of this Agreement and/or any Policies, Agreements, rules, and other documents, they cannot accept (акцептовать) this Agreement and use the Platform.
By accepting all the terms set forth below and giving consent to the processing of Personal Data in accordance with the Data Processing Agreement, as well as accepting the terms of access and use of the Platform using the website's functionality when submitting an application or making a payment through the website, the Client becomes the person who has accepted the terms of this Agreement.
Clients may use the Platform only in accordance with the terms of this Agreement, unless the Service Provider has entered into a separate agreement with the Client that explicitly states the rules and terms of using the Platform.
By registering to use the Platform, the Client and the persons to whom the Client will grant access to their account (Employees/Recruiters/Client Administrator - hereinafter referred to as "Users"), agree to comply with the terms of this Agreement. The Client undertakes to independently inform their Users about the Terms of Access and Use of the Platform and is responsible for the actions of their Users.
Definition of Terms
The following terms in this Agreement shall have the following meanings:
Agreement — a document published on the Service Provider's website containing the terms of access and use of the Platform.
Annex to the Agreement — an integral part of the Agreement regulating specific aspects, containing important information supplementing the Agreement.
GulliverSoft — a legal entity with all necessary rights to conclude this Agreement and provide the service of the Client's use of the Platform under the terms of this Agreement.
Client — a natural person, individual entrepreneur, or legal entity that has accepted (акцептировало) the terms of this Agreement and paid for the use of the Platform, and is also the account holder.
User — Client's Employee/Recruiter/Administrator, a natural person involved in the Client's economic activity on the basis of an employment or other civil-law agreement, and connected to the Platform by the Client. The Client bears direct responsibility for the actions of such Employee/Recruiter/Administrator, as well as for protecting their name, passwords, and other codes related to accessing and using the Platform.
Parties to the Agreement - The Service Provider and the Client.
Administrator — a natural person appointed by the Client as the primary administrative contact for making decisions related to managing the use of the Platform, disconnecting from the Platform, resolving other technical issues, who has the authority from the Client to administer access to the Platform, as well as to appoint additional Employees/Recruiters.
Third Parties — individual entrepreneurs or legal entities that the Service Provider has the right to engage as contractors for the purpose of supporting the operation of the Platform, based on concluding a separate Service Agreement with them.
GulliverSoft Virtual Platform (Platform) — software for accounting for clients and attendance at classes in children's centers, language, music schools, dance, sports studios, etc. The Platform allows for full cycle management control, storing research and other wiki information, managing clients, projects, projects, invoices and received payments, automating routine HR management workflows. The Platform consists of various modules that can work both autonomously and in conjunction with other modules. The virtual platform is an object of copyright and intellectual property rights that are regulated and protected by intellectual property and copyright law.
Acceptance — full, voluntary, and unconditional acceptance by the Client of the terms of the Agreement and its Annexes, which is carried out as a result of completing the activation of the Client's Profile, which occurs during registration on the web page, in accordance with the terms of this Agreement.
Account Data — information stored by the Service Provider that allows identification of the Client/User and is necessary for managing and using the Platform;
Content — any information and materials that the User uploads or publishes on the Platform;
Personal Data — information or a set of information about a natural person who is identified or can be specifically identified, directly or indirectly ("data subject");
Data — Personal data of the Client/User, any data that the Client/User independently uploads into the Service Provider's system (Platform) when using the Platform.
Confidential Information — all confidential information that a Party directly or indirectly discloses or makes available to the other Party, including any information specifically designated as confidential by the disclosing Party, and any information concerning the business, interests, plans, intentions, clientele, objectives, finances, technical information, data, analysis, administrative matters, personal matters, operations, processes, policies, know-how, personnel, product or service information, suppliers, distributors, distributors.
Data Import — the entry of data provided by the User into the Platform;
Data Processing — means any operation or set of operations on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
Technical Support — technical support of the Platform provided by the Service Provider to the Client on issues related to the installation, configuration of the Platform, file import, etc., including relevant instructions, including the possibility of consultation in the Client's profile chat with managers for effective Platform setup, as well as the possibility for the Client to contact the Service Provider's Technical Support service throughout the entire period of using the Platform.
Data Subject's Consent to Data Transfer — freely given, specific, informed, unambiguous, and clearly defined consent of the data owner or the legitimate and authorised user of such data to their transfer, expressed, inter alia, by accepting these terms and placing an order for the use of the Service Provider's virtual platform.
Reporting Period – a calendar month, including incomplete first and last calendar months of the Agreement's validity.
1. Subject of the Agreement
1.1. The Service Provider undertakes to provide the Client with services for granting non-exclusive rights on the territory of the Republic of Belarus to use the Platform, the functionalities of which are specified on the website (hereinafter referred to as the Services), and the Client undertakes to pay the corresponding fee for this and comply with the terms of use of the Platform.
2. Payment
2.1. The cost of services is indicated on the website gullivercrm.com, excluding VAT, and is paid by the Client as an advance payment for the selected period of using the Platform (its modules/module).
2.2. The terms of service provision may provide for a free trial period for using the Platform (its modules or module) for a period of up to 30 (thirty) calendar days.
2.3 The price for services, after the first year of using the Platform, may be changed by the Service Provider unilaterally. In such a case, the Service Provider is obliged to publish the relevant information on the website, within a reasonable timeframe, but no later than 30 (thirty) calendar days before the new service prices take effect.
2.5. Payment for services can be made by the Client through the payment module or by payment to the Service Provider's account. The Service Provider does not collect and consequently does not store the Client's bank details.
2.6. Mandatory fees, payments, duties, etc. payments arising in connection with the execution of this agreement on the territory of the Republic of Belarus are borne by the Service Provider, in other countries - by the Client.
2.7. All bank commissions for money transfer to the Service Provider's bank are borne by the Service Provider, and to the Client's bank and correspondent banks - by the Client.
2.8. Acts. Based on the results of services rendered in the Reporting Period, the Service Provider is entitled to unilaterally draw up an Act of Acceptance and Delivery of Services Rendered (hereinafter referred to as the Act).
3. Procedure for Providing Services and Access to the Platform
3.1 Only registered Clients have the right to use the Platform. To gain access to the Platform, individuals must accept this Agreement, provide their full name, a valid email address, and other information requested by the Service Provider.
3.2. For registration, the Client undertakes to provide truthful and complete information about themselves and their Users regarding the questions listed in the registration form, and to keep this information up to date.
3.3 During registration, the Client indicates their email address, which will subsequently be used as the login for accessing the Platform. The Service Provider has the right to prohibit the use of certain logins, as well as to establish requirements for the login and password (number of characters, allowed characters, etc.).
3.4. The Client/User is solely responsible for the security (resistance to guessing) of the chosen password, and independently ensures the confidentiality of their password.
3.5. Each Client is provided with a unique identifier for accessing the Platform. The Client must ensure that each User name is used only by the Client (in the Client's activities), and is not used by other persons.
3.6. The Service Provider provides access to the Platform only using the web interface and/or mobile application in compliance with the provisions of this Agreement.
3.7. The Service Provider uses a secure method of authentication and access to the Platform, in particular, by: a) managing user passwords and protecting passwords using appropriate password management programs; b) transmitting passwords in encrypted form.
3.8. The Client is responsible for protecting User names and passwords or other codes related to the Platform, the actions of Administrators/Users when using the Platform.
3.9 The Client undertakes to adhere to the policies and procedures for preventing unauthorised use of User names and passwords and immediately informs the Service Provider of suspected loss of passwords or their unauthorised use by persons not authorised by the Client.
3.10. The Service Provider has the right to temporarily suspend the Client's access to the platform or its individual elements for the purpose of performing technical work with prior notification to the Client of such work, within a reasonable time, at least 24 hours before their commencement in the case of planned work, or without prior notification in the case of emergency work.
3.11. The Platform is constantly evolving, therefore the Service Provider has the right, at its own initiative, to make changes to the Platform's functionality without changing its main purpose and functional capabilities, about which the Service Provider notifies the Client by posting the relevant information on the Service Provider's website in advance within a reasonable timeframe.
4. Rights and Obligations of the Service Provider
4.1 The Service Provider is obliged to maintain the normal operation of the Platform 24/7 and throughout the entire time for which it is provided for use, except in the case of unforeseen circumstances beyond the control of the Service Provider.
4.2. The Service Provider is obliged to immediately notify the Client of unauthorized access to the Client's data on the PeopleForce platform or attempts of such access. In case of a breach of security and the procedure for authentication and access to the Platform, the Service Provider cooperates with the Client to establish the cause of the breach and identify the altered content, and also assists the Client in investigating and preventing repeated breaches.
4.3. The Service Provider does not acquire any rights to the information in the Client's account and does not use the personal information contained in the Client's account for purposes other than those specified in this Agreement, and except for the use of such data based on a separate consent from the Client.
4.4. The Service Provider has the right to engage third parties (contractors) to support the Platform and is responsible to the Client for the actions of such third parties as for its own. In case of engaging third parties, the Service Provider undertakes, before engaging them to support the Platform, to conclude a Confidentiality Agreement with them.
4.5. The Service Provider reserves the right at any time to request confirmation from the Client of the data provided during registration, and to request relevant documents in this regard. Failure to provide such documents, at the discretion of the Service Provider, may be equated to providing false information and entail the consequences provided for in clause 5.2 of this Agreement.
5. Rights and Obligations of the Client
5.1. The Client has the right to a proper level of provided services and to receive sufficient and timely technical support for the operation of the Platform.
5.2. Upon concluding this Agreement, the Client is obliged to provide the Service Provider with truthful information about themselves and their Users, about their economic activities, and other information that may be requested by the Service Provider. In case of providing false information, the Service Provider reserves the right to terminate the Client's access to the Platform at any time.
5.3. The Client is obliged not to use the Platform for purposes other than carrying out their lawful economic activities.
5.4. The Client is responsible for the security of their password, login, other access identifiers to the Platform, confidential information, and personal data that have been entered into the Platform.
5.5. The Client may not provide their access to the platform for use by other persons who are not involved in the Client's economic activity.
5.6. The Client is obliged not to use the program code or any part thereof in any other way than provided for by this Agreement, not to disclose or use algorithms or any other intellectual property objects that are part of the Platform, not to change the Platform interface, modify the Platform, not to publish or copy the code or its part, intellectual property objects that are parts of the Platform.
5.7. Before starting to use the Platform, the Client is obliged to familiarise themselves with this Agreement, other rules for using the Platform, the privacy policy, the Service Level Agreement, and to familiarise all persons involved in using the Platform with the indicated resources.
5.8 This Agreement does not grant the Client any right to use any trademarks, logos, domain names, and other exclusive rights objects used by the Service Provider when providing Platform usage services. The Client undertakes to use the Platform in such a way as not to disseminate information that is untrue and that may create a false impression of the Service Provider or the services and products provided by it.
6. Indemnification and Limitation of Liability
6.1. The Service Provider shall not be liable to the Client for any losses, any loss of income, profit, information, or savings related to the use or inability to use the Platform, including in the case of prior notification by the Client of the possibility of such losses, or any claims by third parties.
6.2. The Service Provider is released from liability for non-performance or improper performance of this Agreement if it occurred as a result of external circumstances and/or actions (inaction) of the Client, and if such circumstances are beyond the control and/or not due to the fault of the Service Provider.
6.3 This Agreement is governed by the legislation of the Republic of Belarus. Violation of the terms of this Agreement entails liability provided for by the legislation of the Republic of Belarus.
7. Technical Support
7.1. The Service Provider provides Technical Support to the Client, and such Technical Support is included in the subscription amount of this Agreement for issues related to the installation, configuration of the Platform, file import, etc., provides relevant instructions to the Client, including with appropriate consultation in the chat with the manager for a period of 1 (one) calendar month, and also provides the Client with the opportunity to contact the Service Provider's Technical Support service throughout the entire period of using the Platform in accordance with the terms specified in the Service Level Agreement.
7.2. To provide Technical Support, the Service Provider has the right to require the Client to provide information regarding account data and technical characteristics of the equipment.
7.3. Other terms for providing technical support, in particular regarding the service level, are determined in the Service Level Agreement posted on the Service Provider's website.
8. Confidentiality
8.1 Each Party hereby warrants and undertakes to the other Party that it will keep Confidential Information secret and confidential and will not, directly or indirectly, use, exploit, or disclose Confidential Information to third parties, except as expressly permitted by this Agreement, and the Parties undertake to take all possible measures to ensure that such information is not disclosed to any third parties.
8.2 No restrictions shall apply in connection with Confidential Information:
(a) which was already known to the receiving Party prior to its communication by the Disclosing Party;
(b) which is or becomes public domain, except in the case of a breach of this Agreement by the receiving Party; or
(c) to the extent that disclosure is required by applicable law, by order of any court of competent jurisdiction, or by any regulatory, judicial, governmental, or similar body of competent jurisdiction, provided that the receiving Party, to the extent permitted by applicable law, provides the disclosing Party with as much notice as possible of such disclosure.
8.3. In case of unauthorised disclosure by one of the Parties of the Confidential Information of the other Party, the disclosing Party is obliged to immediately notify the other Party of the relevant disclosure of Confidential Information in writing and assist the other Party in limiting the resulting violations of its rights. The disclosing Party will cooperate with the other Party in case of claims against third parties for the unauthorised use of the relevant information.
9. Information Security and Data Protection
9.1. Also, the Service Provider adheres to data protection legislation.
9.2. For the purposes of this Agreement, the Client is considered the Data Controller, and the Service Provider is considered the Data Processor. Taking into account the relationship between the Parties, the Client accepts all terms of the Personal Data Processing Agreement posted on the Service Provider's website.
10. Term of this Agreement and Termination of Service Provision
10.1 This Agreement comes into effect upon its acceptance and may be terminated unilaterally by the Service Provider in case of a gross violation of the terms of this Agreement by the Client/User, or in case of systematic (more than 2 times) delay in payment for services by the Client, or in case of impossibility of further service provision.
10.2. In case of impossibility of further service provision, the Service Provider is obliged to notify the Client in writing of the intention to terminate this Agreement, within a reasonable time, but no later than 1 (one) calendar month before the date of such termination, and at the Client's request, take all possible actions to transfer the information contained in the Client's account to the Client.
10.3. The Client may terminate this Agreement unilaterally by deleting the account and deleting the content, having notified the Service Provider in writing in advance and within a reasonable time. In such a case, funds paid for future periods of use shall not be refunded to the Client.
11. Miscellaneous Provisions
11.1 Assignment: Neither Party may assign, transfer any or all of its rights or obligations under this Agreement, except as expressly permitted in this Agreement or with the prior written consent of the other Party.
11.2. Notices: All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be made by the Parties via email or by concluding a separate agreement.
