Contents
Terms and Definitions
This Agreement (the "Agreement") is entered into between an Individual Entrepreneur, hereinafter referred to as the "Provider", and any legally capable individual, hereinafter referred to as the "Customer", who enters into the public offer agreement (the "Contract") by using the Provider's website https://bastionvpn.net/ and intends to use the service for paying the next portion of the cost of services under the Contract by bank card through automatic debiting of funds from the Customer's bank card specified by the Customer when paying under the Contract.
Placing an Order constitutes the Customer's full and unconditional consent to all terms of this Agreement. This Agreement is an adhesion contract within the meaning of Article 428 of the Civil Code of the Russian Federation.
Clicking the "Pay" button means that the Customer has read the terms of this Agreement, understands all provisions of this Agreement, and agrees to consider all provisions of this Agreement legally binding.
1. For the purposes of this Agreement, the following terms are used with the following meanings:
1.1. Agreement means this document published on the website https://bastionvpn.net/.
1.2. Customer means a fully capable individual who has entered into the Provider's public offer.
1.3. Website means the online resource containing complete and up-to-date information about the scope and content of the services provided by the Provider and published at https://bastionvpn.net/.
1.4. Contract means the public offer posted on the Website.
1.5. "Recurring payment" service means a service that enables the Provider to receive automatic transfers of funds from the Customer's bank cards.
1.6. Bank means a credit institution issuing bank cards in the territory of the Russian Federation in accordance with the legislation of the Russian Federation and agreements concluded between the Bank and the Customer.
1.7. Bank card means a debit or credit card issued by a credit institution, used as a cashless payment instrument for transactions by bank customers with funds held in their bank accounts or with credit funds provided by the Bank under the legislation of the Russian Federation and the relevant bank account or credit agreement, provided that such card may be used to pay for the Provider's services. Payment for the Provider's services under this Agreement is possible only with bank cards registered in accordance with the legislation of the Russian Federation.
1.8. Bank customer means an individual who has entered into a bank account agreement with the Bank.
1.9. Processing center means an automated bank card transaction processing system in the field of e-commerce that enables the acceptance of bank card payments. The processing center coordinates settlements between the card-issuing bank, the acquiring bank, the "Recurring payment" service, and the bank card customer.
1.10. Personal data means any information relating directly or indirectly to an identified or identifiable individual, i.e. the personal data subject.
Subject of the Agreement
2.1. The "Recurring payment" service allows the Customer to pay for the Provider's services under the Contract by automatically debiting funds from the Customer's bank card in favor of the Provider in the manner and on the terms agreed in the Contract.
2.2. After the "Recurring payment" service is connected, transfers of funds from the Customer's bank card will be made in the amounts necessary for proper performance of the Customer's obligations under the Contract.
2.3. All settlements using a bank card under this Agreement are made in Russian rubles.
2.4. No additional fee is charged for use of the "Recurring payment" service, including actions for its activation or deactivation.
2.5. Activation of the "Recurring payment" service requires the Customer to perform the following actions:
2.5.1. The Customer subscribes to the Provider's services on the Website by selecting the desired services from the list and specifying their personal data.
2.5.2. After clicking the "Pay" button, the Customer confirms the accuracy of the provided data and expresses consent to the terms of the Contract and this Agreement.
2.5.3. After performing the actions specified in clause 2.5.2 of this Agreement, the Customer is redirected to one of the following services depending on the selected payment method: YooMoney LLC NKO (https://yookassa.ru), CLOUDPAYMENTS LLC (https://cloudpayments.ru), or Tinkoff Bank JSC (https://tinkoff.ru).
2.5.4. There the Customer enters the requested bank card details required for the payment and completes the payment.
2.5.5. After successful payment for the services by bank card and consent to this Agreement, the "Recurring payment" service is deemed activated, and the Provider obtains the right to automatically debit funds from the Customer's bank card to perform the obligations under the Contract.
2.6. The Customer's performance of the actions specified in clause 2.5 of this Agreement means the Customer's consent to payment for services under the Contract as well as to the transfer to the Bank of personal data identifying the Customer.
Procedure for Using the Service
3.1. After the "Recurring payment" service is connected in accordance with clause 2.5 of this Agreement, no earlier than 3 days and no later than 15 minutes before the end of the current paid period under the Contract, transfers of funds from the Customer's bank card will be made in the amounts and within the timeframes necessary for proper performance of the Customer's obligations under the Contract.
3.2. The direct debit of funds is carried out by the issuing bank.
3.3. The Provider does not store or process the Customer's bank card data and only sends requests to the processing center and the Bank for repeated processing of the bank card transaction.
3.4. Under no circumstances does the Provider guarantee that bank card transactions will be possible; resolution of such issues remains with the issuing bank.
3.5. The Customer guarantees that they are the holder of the bank card and consciously, correctly, and fully enter all required bank card details when activating the "Recurring payment" service.
3.6. Connection of the "Recurring payment" service in the manner provided for by this Agreement is possible only if there is technical capability on the side of the Provider, the processing center, the Bank, and the issuing bank. The Provider, the processing center, and the Bank are not liable for the impossibility of connecting the "Recurring payment" service.
3.7. Disconnection of the Customer from the "Recurring payment" service is performed by selecting the relevant setting in the "Cancel Subscription" section on the Provider's website https://bastionvpn.net/ or by sending a written request to support@bastionvpn.me to cancel recurring payments. Disconnection of the bank card from the "Recurring payment" service takes place within 48 hours after the Provider receives the request.
3.8. If there are insufficient funds in the bank card account for the next payment under the Contract, the Provider has the right to repeat the request for debiting funds from the bank card.
Rights and Obligations of the Parties
4.1. The Provider may, without giving reasons, refuse the Customer the possibility of activating the "Recurring payment" service for making subsequent payments under the Contract.
4.2. The Provider may amend this Agreement at any time at its own discretion. Such changes take effect from the moment the amended text of the Agreement is published on the Website, unless a different effective date is additionally specified in the publication text. If the Customer disagrees with the changes made to the Agreement, the Customer may terminate the Agreement in the manner set out herein. The Customer is deemed to have agreed to the amendments and additions if, within 10 days from the date of publication of the Agreement, the Customer does not contact the Provider with a proposal to terminate the Agreement.
4.3. The Provider is not liable for temporary unavailability of the "Recurring payment" service due to reasons beyond the Provider's control. In this case, the Customer uses other methods of depositing funds for payment of the next installment under the Contract as agreed with the Provider.
4.4. In the event of loss or replacement of the Customer's bank card, the Customer must notify the Provider in writing within 3 days from the date of loss or replacement in order to exclude the details of the lost bank card and/or specify the details of the new bank card. The Customer's statement on loss of the bank card received by the Provider is grounds for suspending transactions on the lost bank card.
4.5. The Customer undertakes to use only a bank card owned by the Customer and in respect of which a corresponding agreement has been concluded between the Bank and the Customer. If the Customer intentionally uses another person's bank card, the Customer independently bears responsibility for any damage that has been or may be caused to the holder of that card as a result of the Customer's actions.
4.6. The Provider may refuse the Customer to use the "Recurring payment" service to pay for services under the Contract if the system reports that funds cannot be debited from the Customer's bank card.
4.7. Neither Party shall be liable for full or partial non-performance of any of its obligations under this Contract if such non-performance is caused by force majeure circumstances. A Party for which the performance of obligations has become impossible due to such circumstances must immediately notify the other Party in writing of the occurrence, expected duration, and end of such circumstances. Failure to give notice or late notice deprives the Party of the right to rely on such circumstance as a basis for release from liability for non-performance.
Term of the Agreement and Dispute Resolution Procedure
5.1. If, upon expiration of the Contract term, the Parties have not declared their intention to terminate it or change its terms, this Agreement is automatically extended on the same terms for the duration of the Contract.
5.2. This Agreement may be terminated at the initiative of either Party on the grounds provided by the current legislation of the Russian Federation.
5.3. The Provider may unilaterally terminate this Agreement if the Customer violates its terms, provided that the Customer is notified no later than 5 calendar days before the proposed date of termination.
5.4. Disputes between the Parties arising in connection with performance of this Agreement are resolved through mutual consultations and negotiations.
5.5. If no agreement is reached in the negotiations referred to in clause 5.4, the interested Party sends a written claim signed by an authorized person together with documents supporting the stated claims, if such documents are absent from the other Party, and documents confirming the authority of the person who signed the claim.
5.6. The Party to which the claim is sent must review the received claim and notify the interested Party of the results in writing within 10 business days from the date of receipt of the claim.
5.7. If disagreements are not resolved through the claim procedure established by this section of the Agreement, as well as if no response to the claim is received within the period specified in clause 5.6, the dispute shall be referred to the Arbitration Court of the city of Moscow.
Details
6.1. The Customer's details are contained in the Order form filled in on the Website.
6.2. If the Customer's details change, the Customer undertakes to notify the Provider of such changes in writing by email to support@bastionvpn.me. Otherwise, obligations under this Agreement shall be considered duly performed by the Party that was not informed.