Terms of Use

TERMS OF USE

DATE OF LAST REVISION: 18.11.2022.

1. GENERAL PROVISIONS
1.1. These Terms of Use (hereinafter referred to as the "Agreement") governs relations between the company “Limited Liability Company Bardis”, registered under the laws of Kyrgyzstan, registered address Kyrgyzstan, Bishkek, Chui Ave., 182, registration number: 216658-3301-ООО, Taxpayer Identification Number: 00604202310249 (hereinafter referred to as the "Company"), and the Users (hereinafter referred to as the "User"), who wish to use or are using the Service.
1.2. Under this Agreement, the Company is obliged to provide the User with an access to the functionality of the Service and technical ability to use the Service in accordance with this Agreement.
1.3. This Agreement enters into force from the moment the User expresses its full unconditional consent with the terms of this Agreement in a way specified in par. 1.4. of this Agreement.
1.4. The User is considered to have accepted the terms of the Agreement in full, without any reservations or exceptions after the User’s registration on the Service. If the User does not agree with the terms and conditions of this Agreement, then the User should reject using the Service. If the Company makes amendments to the Agreement in the way specified in par. 1.6. of the Agreement and the User does not agree with the amendments, then User shall stop using the Service.
1.5. The Privacy Policy is an integral part of this Agreement: https://frieslancer.com/page/privacy-policy.
1.6. The Company can make amendments to this Agreement without any special notice to the User. The User undertakes to get acquainted with the amendments of the Agreement located on the source specified in par. 1.7. of the Agreement every time the User visits the Service. Using the Service after the amendments to this Agreement were made means the User's consent to such amendments.
1.7. The current version of the Agreement is always available at: https://frieslancer.com/page/terms-of-service.
1.8. The Agreement is a public offer.
1.9. INFORMATION FOR CITIZENS OF THE UNITED STATES OF AMERICA: THE SERVICE DOES NOT OPERATE AND IS NOT AVAILABLE ON THE TERRITORY OF THE UNITED STATES OF AMERICA. THE COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE UNITED STATES OF AMERICA RESIDENTS’ USAGE OF THE SERVICE. THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR OTHER DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, IN CASE IT OCCURRED DIRECTLY OR INDIRECTLY AS A RESULT OF USAGE OF SERVICE, OTHER LOSSES, RESULTING FROM USER’S ACCESS TO OR USE OF OUR SERVICE.
2. GLOSSARY
2.1. The Service means the internet resource consisting of a set of (a) computer programs (software code running on a computer) and (b) the information (content) placed in them by the Company and/or Users. The Service is maintained in an information system that provides the access to the aforesaid information in Internet when addressed by the domain name https://frieslancer.com .
2.2. The Company means a company “Limited Liability Company Bardis”, registered under the laws of Kyrgyzstan, registered address Kyrgyzstan, Bishkek, Chui Ave., 182
, registration number: 216658-3301-ООО, Taxpayer Identification Number: 00604202310249, and its affiliated companies, which is the developer and the owner of the Service.
2.3. The User means a natural person legally capable of accepting this Agreement, who has gained access to the Service and the ability to use it within the limits established by the Agreement, acting on his/her own behalf and in his/her own interests.
2.4. The Registration means the process of entering the registration information of the User, after which the User gets the opportunity to use the functionality of the Service in accordance with the Agreement.
2.5. The Personal Account means a Service page to which the User gains personal access after completing registration and/or authorization on the Service.
2.6. The Contractor means a User who uses the Service in order to provide the services and is suitable by the level of education and/or professional competence to perform the Client’s tasks and selected by the Client in order to fulfill the Task.
2.7. The Client means the User who places Tasks and wants to receive services from the Contractors on the Service.
2.8. The Agreement means these Terms of Use available at: https://frieslancer.com/page/terms-of-service.
2.9. The Payment Service means payment systems Wise (https://wise.com/), Stripe (https://stripe.com/en-nl), FindexIQ (https://psp.findexiq.com/). To use the Site, the User must accept:
2.9.1. Wise Terms of Use (https://wise.com/terms-and-conditions), Wise Privacy Policy (https://wise.com/gb/legal/privacy-policy-eea), Wise Cookie Policy (https://wise .com/gb/legal/cookie-policy) and other Wise documents necessary to work with the Wise;
2.9.2. Stripe Terms of Use (https://stripe.com/en-nl/legal/ssa), Stripe Privacy Policy (https://stripe.com/en-nl/privacy), Stripe Cookie Policy (https://stripe .com/en-nl/legal/cookies-policy) and other Stripe documents necessary to work with the Stripe;
2.9.3. FindexIQ Terms of Use (https://psp.findexiq.com/offer), FindexIQ Privacy Policy (https://psp.findexiq.com/policy), FindexIQ Cookie Policy (https://psp.findexiq.com/cookies ) and other FindexIQ documents necessary to work with the FindexIQ.
2.10. The Verification Service means system “SumSab” (https://sumsub.com/), which provides the services of Users’ verification. The User must accept the SumSab Terms of Use (https://sumsub.com/terms-of-use), the SumSab Privacy Policy (https://sumsub.com/privacy-notice/), the SumSab Cookie Policy (https://sumsub.com/cookie-policy/) and other SumSab’s documents necessary to use its services.
2.11. The Content means all objects posted on the Service, including design, text, graphics, illustrations, videos, scripts, programs, any sounds and other objects. The Company is the sole owner of exclusive rights to the Service and its Content, except for the Content that belongs to both the Company and/or third parties.
2.12. The Task means an invitation to make offers posted on the Service by the Client and addressed to the Contractors.
2.13. The Review means the User's feedback on the Contractor’s completion of the Task. The Clients have the opportunity to give the Contractor up to five points according to the following criteria: the term and result of the Task, compliance with the standards indicated in the Task, manner of communication. The Contractors have the opportunity to give the Client up to five points according to the following criteria: the deadline for providing the data necessary to complete the Task and the Task’s description, manner and speed of communication.
3. CREATING A PERSONAL ACCOUNT
3.1. In order to use the Service, one shall go through the Registration procedure. After the Registration procedure will be successfully completed, the User’s Personal Account will be created in the Service.
3.2. During the Registration, one shall fill the registration form provided its first and last name, login (e-mail address), password. The User warrants and represents that any and all personal information provided by him/her to the Administration is true and accurate.
3.3. The further access to the Personal Account after the Personal Account is created will be carried out via using a login and password.
3.4. One person can register at the Service only once. It shall not be permitted to register multiple Personal Accounts held by a single person, or use (previously registered) Personal Accounts owned by other persons.
3.5. The Company has the right to set the requirements for the User’s login and password (length, allowed characters, etc.).
3.6. In order to finalize the Registration, the Company sends the User an email to the login (email address) to confirm the User's email address.
3.7. After completing the Registration, the User is automatically assigned the status of the Customer. In order to become the Client, the User must select the appropriate option in the Personal Account.
3.8. In order to prove the data provided by the User, the Company has the right to request documents (in particular, identity documents). The User’ Failure to provide the requested documents at the Company’s own discretion may be equated with the provision of false information and lead to the consequences specified in par. 3.9. of the Agreement.
3.9. In case the User provides false or inaccurate information, the Company reserves the right to suspend or terminate the User’s Personal Account. The Company is not responsible for any negative consequences for the User providing false information.
3.10. In case the data specified during Registration and / or in the Personal Account have been changed, the User undertakes to make changes to these data through the Service as soon as possible.
3.11. Any act committed using the User's Personal Account, including using the User's login and password, shall be deemed to have been committed by the respective User. In case of unauthorized login, the User shall immediately notify the Company about it by sending an email to the DMCA@frieslancer.com, and shall be fully responsible for the actions taken by third parties during such authorization.
3.12. The Company takes no liability for the third parties’ actions taken by third parties during unauthorized access including damage or loss of data.
4. RIGHTS AND OBLIGATIONS OF THE COMPANY AND USER
4.1. The User shall:
4.1.1. get acquainted with this Agreement;
4.1.2. comply with the terms of this Agreement, including the obligation not to violate the rules of communication on the Service. It is forbidden to criticize and insult the other Users and the Company, profanity, incite conflicts, call to violate this Agreement and the legislation, post messages that violate the legislation, international law, containing advertising information, spam, schemes of "financial pyramids", "letters of happiness"; which are illegal, harmful, threatening, insulting morality, infringing copyright, promoting hatred and / or discrimination of people on racial, ethnic, gender, social grounds; containing links to Internet sites owned by Users or third parties; violating the rights of third parties;
4.1.3. the Contractors shall provide the services to the Clients in person;
4.1.4. use other User's information and information about other Users obtained during the provision of services / performing of the Task, only for the provision of services. The User shall not transfer the data of other Users without their consent;
4.1.5. inform the Clients about guarantees and possible risks during the provision of Services. If necessary, the Contractor shall confirm Contractor’s identity, experience, other information;
4.1.6. use the Service and its functionality solely for their intended purpose and prevent unfair and illegal use;
4.1.7. take appropriate measures to ensure the confidentiality of the login and password in order to prevent unauthorized access of third parties to the User’s Personal Account;
4.1.8. independently make any payments for communication services, including those provided by mobile operators or for providing Internet access;
4.1.9. timely and in full pay to the Contractors for the services provided by using the service of the Payment Operator, taking into account the amount of the commission of the Company and the Payment Operator;
4.1.10. in case of deposit/withdrawal of funds from the Service, pay the Company a commission in accordance with this Agreement;
4.1.11. independently bear responsibility to third parties for their actions related to the use of the Service, including if such actions lead to a violation of the rights and interests of third parties, as well as for compliance with the law when using the Service;
4.1.12. not impersonate another person, including employees of the Company as well as use any other forms and methods of illegal representation of other persons on the Internet, as well as mislead Users or the Company regarding the properties and characteristics of any or subjects or objects, incl. regarding the experience, qualifications, level of knowledge of the User in the status of the Contractor;
4.1.13. not upload, send, transmit or in any other way post and / or distribute Content on the Service that is illegal, harmful, libelous, offends morality, demonstrates (or is propaganda) violence and cruelty, violates intellectual property rights, promotes hatred and / or discrimination against people on racial, ethnic, gender, religious, social grounds, contains insults to any persons or organizations, contains elements (or is propaganda) of pornography, child erotica, is an advertisement (or is propaganda) of sexual services nature (including under the guise of other services), explains the procedure for the manufacture, use or other use of narcotic substances or their analogues, explosives or other weapons;
4.1.14. not to use the software and not to carry out other actions aimed at disrupting the proper functioning of the Service, Personal Accounts;
4.1.15. not gain access to the login and password of other Users, including, but not limited to, obtaining them by fraud, hacking the Personal Accounts;
4.1.16. not reproduce, copy, sell or resell, or use for any commercial purposes any parts of the Service (including the Content available to the User), or access to it, except when the User received such permission from the Company;
4.1.17. not register as a User on behalf of or instead of another person;
4.1.18. not offer the Users, whose personal data is posted on the Service, to post their personal data on another site or sites providing services (services) similar to the Service;
4.1.19. not write Reviews that contain swear words, obscene and offensive words and phrases, comparisons and expressions, including in relation to gender, race, nationality, profession, social category, age, language of the User, official state symbols (flags, coats of arms, anthems), etc.;
4.1.20. not violate the norms of the legislation, including the norms of international law.
4.2. The User has the right to:
4.2.1. use the functionality of the Service in accordance with its intended purpose;
4.2.2. get access to the Service at any time, except for the time of technical work;
4.2.3. contact the Company by sending an email to the email address info@frieslancer.com in case the User has questions and claims;
4.2.4. write Reviews about other Users after confirmation by both the Contractor and by the Client of the Task completion. The Review may contain an opinion about the professional skills of the Contractor, details of the interaction between the Client and the Contractor;
4.2.5. rate other Users in accordance with the functionality of the after confirmation by both the Contractor and by the Client of the Task completion. Based on the ratings set by the Users, a rating of Clients and Contractors is formed;
4.2.6. 4.2.6. deposit / withdraw funds to / from the Personal Account subject to the terms of this Agreement;
4.2.7. act as a Client (place Tasks on the Service) and/or as a Contractor (execute Tasks placed on the Service);
4.2.8. send messages using the Service to Company and other Users. Correspondence carried out using the Service is not personal. The User, using the Service, accepts the fact that the Company has the right to read the messages sent at any time.
4.3. The Company shall:
4.3.1. ensure access of the User to the Service at any time, except for the time of technical work or except in cases of technical failures in the operation of the Service.
4.4. The Company has the right to:
4.4.1. set restrictions on the use of the Service for all Users, or for certain categories of Users (depending on the User's location, language, etc.);
4.4.2. send informational messages, advertising messages to the User. Using the Service, the User gives its consent to receive advertising messages;
4.4.3. without the consent of the User, assign or in any other way transfer their rights and obligations to execute the Agreement to third parties;
4.4.4. without prior notice to the User, perform technical work that may lead to interruptions in the operation of the Service. The Company undertakes to resolve any problems in the functioning of the Service as soon as possible, and in the absence of such an opportunity, notify the User about this on the Service or in other ways;
4.4.5. dispose of statistical information related to the functioning of the Service, as well as information about the User to ensure targeted display of advertising information to various audiences of Users;
4.4.6. check the data specified by the User in the Personal Account;
4.4.7. delete the User's Personal Account and thereby restrict the User's access to the Site, giving the User the right to return the balance of funds stored in the Personal Account, if the User sends a corresponding request to the e-mail address DMCA@frieslancer.com indicating the details of the card from which the payment was made, in case detection of violations by the User of the terms of the Agreement, as well as in the following cases:
4.4.7.1. if the User is not active on the Service for more than 12 (twelve) calendar months;
4.4.7.2. if the User has committed or was suspected by the Company of illegal actions aimed at causing losses to the Company and / or third parties (fraud, etc.);
4.4.7.3. in the event that the Company receives a complaint/complaints (subject to its/their validity) from the Users about receiving an offer to place their personal data on the site/sites of third parties, provided that they posted their resume only on the Service;
4.4.8. in case of loss of access and the impossibility of confirming by the User that he owns the Personal Account, the Company has the right to refuse to restore access to the Personal Account. To confirm that the Personal Account belongs to the User, the Company has the right to require the User to provide specific information to identify the identity of the User and / or his legal representative in order to avoid violating the rights and legitimate interests of third parties. Such data may include, in particular, passport data, e-mail;
4.4.8. get acquainted with the correspondence of Users when they are made through the Service;
4.4.9. create conditions for posting Reviews. Reviews are published and can be accessed on the Internet without restrictions, accompanied by ratings and comments.
4.4.10. make changes to the interfaces of the Personal Account, the algorithms of the Service and the terms of the Agreement;
4.4.11. use the materials Reviews on third-party resources in order to promote the Service on the terms of a non-exclusive license without specifying the author and limiting the territory of use;
4.4.12. for using the functionality of the Service and the transfer of orders for the deposit / withdrawal of funds, charge a commission from the User. The commission is debited from the account of the User's bank card, from which funds are transferred.
5. THE TERMS OF PAYMENT
5.1. After Registration, the User can create a User’s balance on the Service, which is subsequently used to make payments with other Users. Deposits of a personal account on the Service are carried out using the methods available on the Service. The User can track the status of a User’s balance on the Service at any time.
5.2. The Company is not responsible for changing the state of the User's balance due to the actions of third parties.
5.3. By accepting the terms of this Agreement, the User agrees that the Company does not make payments, does not accept payments from Users or to Users.
5.4. Any payments made by the User during the use of the Service are made through the Payment Operator in accordance with the terms and conditions established by the Payment Operator. The Payment Operator ensures secure settlements between Users.
5.5. To make payments, the User is obliged to accept the Payment Operator's Terms of use, Privacy Policy, Cookie Policy.
5.6. In order to deposit / withdraw funds, make payments (through the use of the services of the Payment Operator), the User must confirm his identity, address, other information at the request of the Company, Verification Service and the Payment Operator by uploading the relevant documents in the User's Personal Account on the Service ("Verification").
5.7. When verifying, the Company does not collect, process or store the User's personal data. These actions are carried out only by the Verification Service.
5.8. Users can make settlements by depositing funds on the balance sheet with their subsequent automatic payment to the Contractor after confirmation that the Task was completed, as well as by paying for the Contractor’s services performed without prior deposit after confirmation that the Task was completed.
5.9. The User is independently obliged to pay all taxes and fees that apply to the funds received by the User through the use of the Service. The Company is not a tax agent of the User.
5.10. The Company ensures that a payment page is placed on the Service and available for the User to make a payment using the services Payment Operator. The Company is neither directly nor indirectly involved in the process of making payments, the Company is not a payment system.
5.11. In order to return funds (including funds deposited by the Client to pay for the Task) deposited by the User using the services of the Payment Operator via a bank card and not spent for making settlements with other Users, the User must use the functionality of the Personal Account (“Refund”). The refund is made by the Payment Operator within the time limits established by the terms and conditions of the Payment Operator, according to the details of the bank card specified by the User, and in accordance with documents governing the use of the Payment Operator's service.
5.12. A commission may be charged for the deposit and withdrawal of funds by the Payment Operator and the Company.
5.13. The size of the Service’s commission is 10 (ten) percent and is indicated before the execution of the corresponding order of the User for the transfer of funds. The commission is charged when withdrawing funds by both the Client and the Contractor.
5.14. The size of the commission of the Payment Operator is determined by the Payment Operator itself and is displayed on the Service before the execution of the corresponding order for the withdrawal of funds.
6. THE CONTENT OF THE SERVICE
6.1. All objects available on the Service, including design elements, text, graphics, illustrations, the logo and name of the Service, scripts, programs, databases, and other objects, as well as the Service itself, are subject to the exclusive rights of the Company and other copyright holders.
6.2. Except as provided in this Agreement and applicable law, no Content may be copied, reproduced, processed, distributed, published, downloaded, transmitted, sold or otherwise used without the prior consent of the Company or the copyright holder.
6.3. Use of the Content is allowed only for personal non-commercial purposes, provided that all signs of copyright protection, related rights, trademarks, other notices of authorship are preserved, the name (or pseudonym) of the author / title of the copyright holder is preserved unchanged, the corresponding object of exclusive rights is preserved unchanged form.
7. THE CONTENT OF THE USER
7.1. The User is solely responsible for the compliance of the content posted by the User with the requirements of the current legislation, including liability to third parties in cases where the placement by the User the content violates the rights and legitimate interests of third parties, including the personal intangible rights of authors, other intellectual the rights of third parties, and/or encroaches on their intangible benefits.
7.2. The User acknowledges and agrees that the Company is not obliged to view content of any kind posted and / or distributed by the User on the Service, and that the Company has the right (but not the obligation) at its own discretion to refuse to place and / or its distribution of content or remove any content that is available through the Service. The User undertakes to independently evaluate all risks associated with the use of content, including an assessment of the reliability, legality of use, completeness or usefulness of this content.
8. THE CONTENT OF THIRD PARTIES
8.1. The Service may contain links to other sites on the Internet (third party sites). The specified links, third party sites and their content are not checked by the Company for compliance with the law requirements (authenticity, completeness, legality, etc.).
8.2. The Company is not responsible for any information, materials posted on third-party sites that the User access using the Service, including any opinions or statements expressed on third-party sites, advertising, etc., and also for the availability of such sites or content and the consequences of their use by the User.
8.3. A link (in any form) to any site, product, service, any information of a commercial or non-commercial nature posted on the Service does not constitute an endorsement or recommendation of these products (services, activities) by the Company, except when expressly indicated on the Service.
9. LIABILITY
9.1. THE COMPANY'S SERVICE AND DOCUMENTATION ARE PROVIDED TO USERS "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE AND DOCUMENTATION. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET THE USERS’ REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
9.2. IN NO EVENT WILL THE COMPANY, OR ITS RESPECTIVE OWNERS, DIRECTORS AND OFFICERS, BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE SERVICE; LOST REVENUES OR PROFITS; DELAYS, INTERRUPTION, OR LOSS OF SERVICE, BUSINESS, OR GOODWILL; LOSS OR CORRUPTION OF DATA; LOSS RESULTING FROM SERVICE FAILURE, MALFUNCTION, OR SHUTDOWN; FAILURE TO ACCURATELY TRANSFER, READ, OR TRANSMIT INFORMATION; SERVICE INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION; OR BREACHES IN SERVICE SECURITY; OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.3. The Company is not responsible for the visit and use by the User of external resources, links to which may be contained on the Service.
9.4. The Company is not responsible for the correctness of User data. The Company does not guarantee the accuracy of any advice, recommendations, consultations, or other information provided by Users on the Service. The Company acts as an organizer and mediator in the relationship between Users, creating conditions for using the Service.
9.5. In the event of force majeure, accidents or failures in the software operation of the Service, the Company reserves the right to suspend the operation of the Service without prior notice to the User until the problems are eliminated without compensation for any losses to the Users.
9.6. The Company makes effort to ensure the normal operation of the Service, but is not responsible for non-fulfillment or improper fulfillment of obligations under the Agreement, as well as possible losses arising, including, but not limited to, as a result of:
9.6.1. illegal actions of Users aimed at violating information security or the normal functioning of the Service;
9.6.2. failures in the operation of the Service caused by errors in the code, computer viruses and other extraneous fragments of code in the software of the Service;
9.6.3. the absence (impossibility of establishing, terminating, etc.) of Internet connections between the User's server and the Service's server;
9.6.4. carrying out by state and municipal bodies, as well as other organizations of activities within the framework of the system of operational-search activities;
9.6.5. other cases related to actions (inaction) of Users and/or other entities aimed at worsening the general situation with the use of the Internet and/or computer equipment that existed at the time of the conclusion of the Agreement, as well as any other actions;
9.7. The Company is not responsible for any types of losses resulting from the User's use of the Service or individual parts/functions of the Service.
9.8. Under any circumstances, the responsibility of the Company is limited to 300 (three hundreds) USD and is assigned to the Company if there is guilt in his actions.
9.9. The User is solely responsible for the security (including resistance to guessing) of the chosen login and password for access to the Personal Account, and independently ensures their confidentiality.
9.10. The User is solely responsible for compliance with this Agreement, regardless of who performed the actions in the User's Personal Account. In case of violation of the Agreement, the Company reserves the right to apply the following sanctions to the User at any time, at its discretion: warning, temporary blocking of access to the Service through the Personal Account, termination of the Personal Account.
9.11. The User is solely responsible to third parties for their actions related to the use of the Site, including if such actions lead to a violation of the rights and legitimate interests of third parties, as well as for compliance with the laws when using the Site.
9.12. In case of violation of the terms of this Agreement, the User undertakes to fully compensate the Company for the losses caused by such actions.
9.13. All responsibility for the quality of services is assumed by the Contractors who provide services to the Clients.
9.14. Neither the User nor the Company shall be liable for the full or partial failure to perform any of their obligations, if the failure is the result of force majeure circumstances that arose after the conclusion of the Agreement and do not depend on the will of the User and / or the Company.
10. OTHER PROVISIONS
10.1. This Agreement shall be governed by and construed according to the laws of Kyrgyzstan.
10.2. All disputes and controversies arising out of, under, or in connection with this Agreement are to be settled by way of negotiation. In order for a dispute or a controversy to be submitted to the court, the complaint settlement procedure should be observed.
10.3. In case the User believes that Company by any action or inaction violates the Agreement, the User has the right to submit a complaint to the Company.
10.4. The complaint should be submitted to the Company in writing. The complaint should contain the following:
10.4.1. the User’s name;
10.4.2. date and time the problem occurred;
10.4.3. description of disputable situation with reference to paragraphs of this Agreement and/or a relevant regulation that the User considers violated.
10.5. The complaint must not contain the following:
10.5.1. emotional evaluation of the disputable situation;
10.5.2. offensive remarks;
10.5.3. expletives.
10.6. A complaint should be sent via the email info@frieslancer.com of the Company within 20 days from the moment the User found out that his rights were violated.
10.7. The Company having received a complaint, notifies the User via the electronic mail about the results of the examination within 14 working days from the date of receipt of a complaint.
10.8. The Company has the right to reject a complaint in case it does not meet the requirements of this Agreement. All complaints are examined in compliance with this Agreement and/or relevant regulations.
10.9. The Parties shall use all reasonable efforts to settle through negotiations any disputes arising out of this Agreement, in connection with it or its violation, termination or validity.
10.10. Statement of claim may be filed to a court in case the dispute and disagreement was not settled.
10.11. The User unconditionally:
10.11.1. consents that courts of Kyrgyzstan have exclusive jurisdiction, which determines any legal proceedings in regard to the present Agreement;
10.11.2. consents to the jurisdiction of the courts of Kyrgyzstan;
10.11.3. renounces any kind of protest in regard to judicial settlement in any such court;
10.11.4. agrees to never claim that location of such courts is inconvenient, or that they are legally invalid in regard to the User.
10.12. If, for any reason, a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be invalid or unenforceable, such provision of the Agreement will be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the remainder of this Agreement will continue in full force and effect. The Parties agree to negotiate in good faith an enforceable substitute provision for any unenforceable provision that most nearly achieves the intent and economic effect of the unenforceable provision.
10.13. The User agrees that the User is not considered a worker, employee, or agent of Company, and that the User is not entitled to represent himself/herself as such.
10.14. The descriptive headings of the sections and subsections of this Agreement are for convenience only, and do not affect this Agreement's construction or interpretation.
10.15. The Agreement shall come into force for the User upon registration on the Service (acceptance) and shall be valid for an indefinite period of time..
10.16. For any complaints, questions or suggestions regarding the operation of the Service Users may contact the Company at the following e-mail address: info@frieslancer.com.
11. REQUISITES AND ADDRESSES
The Company – “Limited Liability Company Bardis”
Registration number: 216658-3301-ООО, Taxpayer Identification Number: 00604202310249;
Legal address: Kyrgyzstan, Bishkek, Chui Ave., 182;
Postal address: Kyrgyzstan, Bishkek, Chui Ave., 182;
E-mail: info@frieslancer.com.