A legal or physical person (hereinafter referred to as Customer) and a Core Solutions Ltd. (hereinafter referred to as CORE) represented by representative acting on a basis of a letter of attorney (hereinafter referred to as Parties) have agreed about the following:
1. SUBJECT OF CONTRACT
1.1. According to Contract CORE will provide the Customer with Services (hereinafter called “Service”) and Customer will use the Service and pay according to Contract and Regulations.
1.2. The Service is provided according to Contract, Regulations and Pricelist which form an integral part of Contract.
2. CONCLUSION OF CONTRACT
2.1. Contract is a public contract-offer.
2.2. If Customer accepts credentials to access Service, or provides payment for the ordered services according to Regulations and Pricelist it shall constitute acceptance of the offer.
2.3. Acceptance of Contract by Customer means that the latter has been acquainted with the terms and conditions of Pricelist and Regulations.
2.4. Contract shall be considered concluded and shall come into force from the moment of connection of Customer to Service.
3. RIGHTS AND OBLIGATIONS OF PARTIES
3.1. CORE undertakes:
3.1.1. To provide quality services according to Contract.
3.1.2. From the moment of conclusion of Contract to start providing the ordered services to Customer according to Section 2.4 and under condition of observance of the terms defined by Regulations.
3.1.3. To publish all amendments and changes made to Regulations and Pricelist on the Network site https://core.eu not less than 30 days before the commencement of their validity.
3.1.4. To provide 24-hour daily services to Customer without interruptions, except for need to carry out the maintenance and repair works as well as for the reasons beyond CORE control.
3.2. Customer undertakes:
3.2.1. To fulfill the requirements stated in Contract and Regulations.
3.2.2. To pay invoices in due time or support positive balance of the personal account using CORE automatic payment system, in conformity with valid Pricelist.
4. PRICES AND PAYMENT PROCEDURE
4.1. Payment for the services under Contract is made on the basis of the invoice issued by CORE, or on the basis of an advance payment, depending on the chosen service and according to Regulation and Contract.
4.2. The cost of services provided under this Contract is defined in Pricelist.
4.3. Invoices are delivered to Customer by e-mail unless agreed otherwise.
4.4. If automatic registration and payment systems are used the invoice is generated on according step of the process of order.
4.5. In case of delay of payment Customer shall pay the penalty 0.5 % of the invoiced amount for every day of payment delay.
4.6. Customer shall pay for all expenses connected with repair of damages or malfunctions in the Network or the equipment if damages or malfunctions were caused due to Customer’s fault.
4.7. Customer shall pay for all the expenses regarding liquidation of his arrears.
4.8. Customer shall be responsible for accuracy of all payments.
5. OTHER CONDITIONS
5.1. For additional types of services not listed in Pricelist, but covered by this Contract, as well as under special conditions of performance of this Contract, Parties shall sign additional agreements which form an integral part of Contract. The duration and terms of performance of additional types of services and special conditions of performance of Contract are defined in the additional agreement of Parties.
5.2. In case of changes in legislation or tariffs, introductions or changes of other obligatory charges imposed on CORE as well as changes of price index on the territory of the Republic of Estonia CORE has the right to review Regulations and Pricelist with the notification sent to Customer as per Section 3.1.3 of this Contract.
5.3. Unless Customer agrees with the changes in Regulations or Pricelist, he has to notify CORE in writing within 15 days from the moment of receipt of the notice. In such case Customer can terminate Contract according to Section 7.2. The lack of written termination notice before the changes come in force is deemed to be the consent of Customer with new conditions of Regulations and Pricelist.
5.4. Customer and CORE undertake to provide confidentiality of the registration information of Customer (log-in name and the password). CORE is not responsible for the damage of any kind incurred to Customer due to disclosure by the latter of the registration information.
5.5. CORE shall not disclose information about Customer to any third parties except for cases where it is required under Estonian laws.
5.6. Disputes and disagreements between Parties, if any, shall be resolved by negotiations. Otherwise disputes are resolved in Tallinn City Court according to the laws of the Republic of Estonia.
5.7. Any earlier oral and written agreements become null and void if they contradict the present Contract.
6. LIABILITIES OF PARTIES
6.1. For non-performance or inadequate performance of obligations under Contract CORE and Customer shall bear responsibility in accordance with terms and conditions of Contract, Regulations and current legislation of the Republic of Estonia.
6.2. Customer shall be responsible for contents of the information transferred by him or other party under his network requisites through the network: for its reliability, absence of claims of third parties and legitimacy of its distribution.
6.3. Customer is responsible for all his actions, or actions of third parties performed using requisites of Customer in the Internet or with the use of access to the Internet received under the present Contract, including but not limited to the damages to the individual persons or property of citizens, legal bodies or the state.
6.4. CORE reserves the right to temporarily stop providing the services to Customer in case of breach by Customer of the rules of work in the network, defined by Regulations.
6.5. CORE does not bear responsibility towards Customer for delays and interruptions in work not directly caused by CORE or by the actions of the latter.
6.6. CORE is not responsible for quality of communication lines organized by third parties.
6.7. CORE is responsible for impossibility of receipt by Customer of the ordered services only if this impossibility has been caused by CORE fault. Responsibility of CORE cannot exceed the amount equal to the cost of service according to Pricelist of CORE for the period Customer had no possibility to receive the given service.
6.8. CORE reserves the right to temporarily stop providing the services to Customer in case of failure to pay for the services actually rendered to him during the previous month.
7. TERMINATION OF CONTRACT
7.1. Contract can be terminated by either Party according to the terms and conditions stipulated in Contract and Regulations.
7.2. Contract can be terminated by Customer with 15 calendar days written notice to CORE.
7.3. CORE has the right to terminate Contract without notifying Customer on the basis of inadequate execution of conditions of Contract/Regulations by Customer.
7.4. The suspension of payment by Customer and delinquency for more than 1 (one) month without written notice to CORE about delay of performance of obligations under Contract by Customer is considered to be unilateral withdrawal from Contract and CORE shall have a right to terminate Contract.
7.5. CORE has the right to terminate Contract if Customer, at Contract conclusion, has provided the false or incorrect data.
7.6. In case of termination of Contract for other reasons the questions of recalculations and payments are solved by the mutual agreement of Parties.
7.7. Termination of Contract does not release Customer from obligation to pay the invoices and from the arrears for actually rendered services
7.8. Upon termination of Contract Customer undertakes to return to CORE any property rented from CORE.
7.9. Customer undertakes to pay a rent for the property provided by CORE until it is fully returned.
7.10. Contract made with Customer may be cancelled under request of a third party only where it is provided by law or according to a valid court ruling.
8. FORCE MAJEURE
8.1. The parties are relieved from responsibility for full or partial failure to fulfill their obligations under Contract if such a failure was a consequence of force majeure circumstances including but not limited to acts of nature, epidemics, explosions, fires, orders of the local or state authorities, flood, strikes, cable or fiber cuts, lightning, prolonged general power outages, changes to the applicable laws and regulations, acts of governmental or military authorities, civil unrest, terrorism, war and other force majeure circumstances if the latter has directly affected the fulfillment of this Contract. Thus the date of fulfillment of the obligations under Contract is postponed in proportion to the period of time such circumstances took place. If such circumstances last more than three months either Party has the right to terminate Contract unilaterally. In this case neither Party will have right to claim the compensation of losses.
9.1. Parties are obliged to keep business and other secrets of the second half, except the cases if the provision is mandatory by law or other legal acts.
9.2. CORE is not forwarding or distributing to third parties any information about the Customers, including their personal data, except the cases where Customer has given its written consent to provide the data or obligation to do it comes from laws and other legal acts.
9.3. The above remains valid even after the termination of the Contract.
10. DURATION OF CONTRACT
10.1. This Contract is concluded for unlimited period of time and can be terminated by either Party according to Section 7 of this Contract.
10.2. Contract remains in force in case of change of the requisites of Parties including but not limited to the change of the owner, the organizational and legal form, etc. In case of change of the requisites Parties must inform each other in 15 days period. Such information must be submitted by Customer to CORE in writing by e-mail or regular post. CORE shall post such information on its web site https://core.eu.