Agency Agreement Save PDF

Limited Liability Company BITS CONSULTING

BITS CONSULTING LLC (INN 7751200542 OGRN 1217700304458, legal address: 117042, Moscow, Chechersky proezd, 124 k. 2, sq. 77)

Hereinafter referred to as Agent and game-values.com , Website User, hereinafter referred to as Buyer, hereinafter jointly referred to as Parties and separately as Party, have concluded this Agreement (hereinafter referred to as Agreement) on the following.

The text of this Agreement, permanently posted on the Internet at game-values.com , contains all the essential terms of the Agreement and is an offer by BITS CONSULTING Limited Liability Company to conclude the Agreement with a third party, which is a natural person, on the terms specified in the text of the Agreement. Thus, the text of this Agreement is a public offer in accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation.

The proper acceptance of this offer in accordance with Article 438 of the Civil Code of the Russian Federation shall be deemed to be the consecutive performance of the following actions by the Agent:
  1. Reading the terms and conditions of the Agreement;
  2. Entering information in the registration form when registering on the Site;
  3. Standing in the special field under the heading I have read and agree with the terms and conditions of the Agency Agreement.

If you do not agree with the terms of this Agreement, please do not register on the Site and refuse to use the Site.

  1. THE TERMS AND DEFINITIONS USED IN THIS AGREEMENT
    1. The parties hereto agree to apply the following terms and definitions in interpreting this Agreement, as well as all appendices hereto.
      a) Agent - Limited Liability Company BITS CONSULTING (INN 7751200542 OGRN 1217700304458, legal address: 124 sq. 2 Chechersky proezd, 117042, Moscow, No. 77).
      b) Agency activity - actions of the Agent on behalf and at the expense of the Buyer of legal and other actions for the execution of transactions concluded through the Site by the Buyer with the Sellers.
      c) Users - individuals over 18 years of age, acting as Sellers and/or Buyers when using the Site.
      d) Buyer - an individual who has reached the age of 18 years old, using the Site to purchase
      e) Seller - an individual who has reached the age of 18 years old, using the Site for the purpose of placing ads for the sale of property and property rights in the virtual environment of the Internet.
      f) Website is an Internet service located on the Internet at: https://game-values.com, which is a set of software and hardware that allows Users to carry out between each other secure transactions for the purchase and sale of Virtual property.
      g) Registration - actions of Users to create a personal account on the Site according to the established procedure.
      h) Personal profile is an individual web page of the User on the Website, which contains information about placed advertisements on sale and/or purchase of Virtual property, stores the history of transactions on purchase and sale of Virtual property, displays personal data of the User, as well as other information related to the use of the Website.
      i) Virtual property - property, property rights in the virtual environment of the Internet (game money, coins, accounts, game items, chests, etc.).
      j) Agent's report is a document automatically generated by the Agent's software in the Buyer's personal cabinet and contains a description of transactions concluded by the Agent on behalf of and at the expense of the Buyer for the reporting period.
    2. All other terms and definitions appearing in the text of the Agreement shall be interpreted by the Parties in accordance with the laws of the Russian Federation and the usual rules of interpretation of the relevant terms in the Internet.
  2. SUBJECT MATTER
    1. On conditions and in the order provided in the present Contract, the Agent in its own name and on behalf of the Buyer undertakes to carry out Agency activity, namely to make for the remuneration paid by the Buyer on his behalf at his expense legal and other actions on execution of the transactions concluded through the Site by the Buyer with Sellers.
    2. The Buyer's confirmation (acceptance) through the Site of the transaction with the Seller in accordance with this Agreement means the assignment of the Agent to perform the obligations of the Buyer in relations with the Seller.
    3. Funds are withheld by the Agent on behalf of the Buyer until confirmation of the successful completion of the transaction is received from the two Parties. The Agent acts as a guarantor of the transaction. The Agent guarantees the performance of the obligation between the Seller and the Buyer.
    4. The Agent is not responsible for the possible factual and/or legal consequences of the transaction between the Buyer and the Seller (for example, some online game rules may provide for game sanctions for certain actions, including the sale of game values and accounts; the Agent does not study and/or check the game rules and does not check transactions and actions of the Buyer for compliance with the game rules).
  3. AGENT'S RIGHTS AND OBLIGATIONS
    1. The agent undertakes to:
      1. In the performance of its obligations under this Agreement, make every reasonable effort to achieve the maximum benefit for the Buyer.
      2. In carrying out Agent's activities under the Contract, the Agent undertakes to act in good faith, comply with the laws of the Russian Federation and the laws of the state in whose territory the Agent carries out its activities, not to violate the rights and freedoms of third parties, standards of morality and ethics.
      3. To inform the Buyer about all difficulties and obstacles arising in the process of implementation of the Agency activities under this Contract, to make every effort to eliminate them.
      4. Provide technical support for the Site.
    2. The agent has the right to:
      1. Receive remuneration from the Buyer in accordance with Section 6 of this Agreement.
  4. BUYER'S RIGHTS AND OBLIGATIONS
    1. The buyer undertakes to:
      1. To pay the Agent the remuneration due to him in a timely manner.
      2. In the absence of motivated objections, accept the services rendered by the Agent under this Contract in the performance of Agency activities.
    2. The buyer has the right to:
      1. Receive from the Agent all necessary information about the Agent's activities under this Contract.
  5. AGENT'S REPORT
    1. The content of the Agent's Report is automatically generated by the Agent's software in the Buyer's personal cabinet and contains information about the transactions concluded by the Agent on behalf of the Buyer.
    2. The Agent's report is uploaded to the Buyer's personal account no later than 3 (three) business days from the moment of completion of the transaction.
    3. If the Buyer within one (1) calendar day from the date of the Report has not sent a reasoned written objection to the Agent, such Report shall be considered as accepted by the Buyer.
  6. AGENT'S REMUNERATION. SETTLEMENT PROCEDURE
    1. All mutual settlements of the Parties shall be made in rubles of the Russian Federation.
    2. The amount of remuneration includes all taxes payable by the Agent in connection with the taxation system used by it.
    3. The agency fee is paid in two stages and is determined as a percentage of:
      a) amount paid by the Buyer as a security payment for performance by the Agent on behalf of the Buyer and at his expense of obligations of the latter to the Sellers for payment of the Virtual Property and for performance of obligations of the Buyer to the Agent (payment of the agency fee and reimbursement of the agency expenses). This remuneration shall be paid by the Buyer (withheld by the Agent) at the time of payment of the security deposit. The amount of remuneration is automatically calculated on the Site not exceeding 20% of the transaction price between the Seller and the Buyer, and the final amount of payment is indicated to the Buyer before conclusion of the transaction with the Seller; and
      b) of the price of the specific transaction between the Buyer and the Seller. This remuneration shall be paid by the Buyer (withheld by the Agent) at the time the Agent fulfills the Buyer's obligation to pay for his transaction concluded with the Seller through the Site. The amount of remuneration is automatically calculated on the Site within the limits of no more than 20% of the transaction price between the Seller and the Buyer and is taken into account in the amount which is displayed to the Buyer before he concludes the transaction with the Seller.
    4. Expenses incurred by the Agent in the performance of Agency activities shall be reimbursed as they are incurred.
  7. PARTY LIABILITY
    1. For failure to perform or improper performance of obligations under this Agreement, the Parties shall be liable in accordance with the applicable laws of the Russian Federation and this Agreement.
    2. In case of non-fulfillment or improper fulfillment by the Agent of its obligations under this Agreement, breach of rights and interests of the Buyer by the Agent, the Buyer has the right to demand from the Agent compensation for the losses caused by such actions of the Agent.
    3. The Agent shall be entitled to demand compensation for damage to the Agent's business reputation caused by unlawful actions of the Buyer.
    4. The Agent is not responsible for the performance of the Site and does not guarantee its uninterrupted operation. The Agent also does not guarantee the safety of the information placed on the Site and in the personal cabinet, the possibility of uninterrupted access to the personal cabinet.
    5. The Buyer uses the Site and personal account as they are presented, at his/her own risk. The agent does not guarantee to the Buyer to achieve any results as a result of use of the Site.
    6. The Agent shall not be liable for any loss incurred by the Buyer as a result of:
      • Incorrect details;
      • Violation by the Buyer of the Contract, the requirements of the current legislation of the Russian Federation or other requirements posted on the Site;
      • For losses and other consequences resulting from circumstances precluding liability, which are force majeure or other circumstances beyond the control of the Agent.
    7. If the transaction is not executed by the Seller, the security payment shall be returned to the Buyer, and the agency fee calculated on the transaction price (clause 6.3.b) of the Agreement) shall be returned to the Buyer, and the fee calculated on the amount of the security payment (clause 6.3.a) of the Agreement) shall not be returned.
  8. DISPUTE SETTLEMENT PROCEDURE
    1. In the event of any disputes arising out of this Agreement, the Parties undertake to use their best efforts to settle them by negotiation or by a claim procedure.
    2. Agent renders services on pre-trial consideration of a dispute between the Seller and the Buyer.
    3. The pre-trial dispute resolution procedure is mandatory for all parties to a dispute.
    4. The Party, believing that its rights are violated, is obliged to inform the Agent about the essence of the violation and provide evidence. Upon receipt of this information, the Agent undertakes to request an explanation from the other Party. After examining the evidence provided by both Parties, the Agent shall render a decision on the dispute, which shall be communicated to the Buyer and the Seller.
  9. FINAL CLAUSES
    1. The parties have agreed on the possibility of using electronic document flow. In the future, any documents may be sent electronically via telecommunications channels in the form of legally significant electronic documents.
    2. All annexes to this Agreement shall form an integral part thereof.
    3. The Agreement and all legal relations arising from it shall be governed by the laws of the Russian Federation. All disputes arising shall be resolved in accordance with the laws of the Russian Federation.
    4. The Agent confirms that he has read, understands and accepts all the provisions of the Contract.
  10. AGENT DETAILS