PUBLIC CONTRACT FOR REMUNIRATED PROVISION OF SERVICES
This Public Contract (hereinafter referred to as the "Contract") establishes the procedure for the provision of information services, as well as the mutual rights, obligations, and relationship procedures between the Limited Liability Company “Goescape” (hereinafter referred to as the "Provider") and the consumer of services (hereinafter referred to as the "Client"), who has accepted the public offer to enter into this Contract. Collectively, they are referred to as the "Parties," and individually as a "Party."
1. SUBJECT OF THE CONTRACT
1.1. In accordance with the terms of the Contract, the Provider undertakes to render services to the Client via the global computer network Internet, and the Client undertakes to accept and fully pay for the services rendered in accordance with the terms of the Contract.
1.2. The Services include:
services for placing the Client's materials on relevant pages of the Provider's website;
services for attracting clients for the sale of the Client's goods and services;
services for providing access to the Client’s Personal Account on the Provider’s website;
technical and informational support, as well as assistance in using the Provider’s website.
1.3. The Provider is entitled to establish and communicate to the Client the Rules for using the website, which shall become mandatory for the Client upon their approval.
1.4. The provision of Services is governed by this Contract and its Supplementary Agreements.
1.5. Supplementary Agreements to the Contract are an integral part of the Contract.
1.6. The processing of personal data is carried out by the Provider in accordance with the Privacy Policy, available at https://extrareality.lv/lv/riga/blog/privacy-policy, which is an integral part of the Contract.
2. PROCEDURE FOR ENTERING INTO THE CONTRACT
2.1. This Contract is entered into by the Client’s acceptance of the Provider’s public offer published on the Provider’s Website at: https://extrareality.lv/en/riga/blog/public-offer.
2.2. In order to commence cooperation with the Provider, the Client is provided with an organizer’s Personal Account on the Website (hereinafter referred to as the “Personal Account”). The Personal Account is created and provided by the Provider.
2.3. The Client’s acceptance of the terms of the public offer shall be deemed to occur upon the Client’s acceptance of the first booking made by a user through the Website for the services provided by the Client (hereinafter referred to as the “First Booking”).
2.4. The Contract shall be deemed concluded upon the Client’s confirmation of the First Booking.
2.5. By confirming the First Booking, the Client confirms that, prior to taking such action, the Client has reviewed the text of the public offer and accepts its terms in full and without reservations.
2.6. The terms of the public offer in effect at the time of confirmation of the First Booking shall constitute an integral part of the concluded Contract.
2.7. As evidence of the conclusion of the Contract, the Provider shall be entitled to use electronic data containing information regarding the Client’s Personal Account, the First Booking, the date and time of its confirmation, as well as other technical data confirming that the Client has taken the relevant actions.
3. DURATION OF THE CONTRACT AND TERMINATION PROCEDURE
3.1. This Contract shall remain in effect for an indefinite period until terminated in accordance with the procedure provided for in this Contract.
3.2. This Contract may be terminated:
3.2.1. by mutual agreement of the Parties;
3.2.2. unilaterally by the Client in accordance with Clause 7.3.3 of this Contract;
3.2.3. unilaterally by the Provider in accordance with Clause 7.4.10 of this Contract.
4. SERVICE PROVISION PERIOD
4.1. The Provider shall provide the Services during each calendar month throughout the term of this Agreement.
4.2. The scope and cost of the Services for each month shall be determined on the basis of game booking orders placed by users on the Provider’s Website during the respective month, for which the Provider is entitled to a commission.
4.3. The Services for each calendar month shall be deemed rendered on the last day of the respective month.
5. COMISSION
5.1. The Provider’s basic commission rate shall be 14% of the total amount actually paid by the user for the respective game booking order.
5.2. The Parties may agree in written correspondence on a different commission amount, including a fixed amount per order. The agreed commission amount shall apply to orders placed after such agreement, unless otherwise agreed by the Parties.
5.3. All settlements between the Parties shall be made in euros (EUR).
6. SETTLEMENT PROCEDURE
6.1. Within the first 5 business days of the month following the settlement month, the Provider shall reconcile mutual settlements with the Client and send the Client a reconciliation statement and an invoice for payment.
6.2. The Client shall have the right to submit objections to the Provider within 3 business days from the date of receipt of the reconciliation statement. If no objections are received within the specified period, the reconciliation statement shall be deemed agreed.
6.3. The Client shall pay in full the amount of indebtedness specified in the reconciliation statement and invoice within 5 business days from the date of receipt of the reconciliation statement and invoice.
6.4. Payment may be made by bank transfer, payment card, or any other payment method available to the Provider.
6.5. In the event of late payment, the Provider shall have the right to temporarily restrict the Client’s ability to manage games and accept new bookings through the Personal Account until the indebtedness is fully repaid.
6.6. Upon full repayment of the indebtedness, the Provider shall restore the Client’s ability to manage games and accept new bookings through the Personal Account.
6.7. In the event of late payment, the Provider shall have the right to demand that the Client pay late-payment interest in accordance with the applicable laws of the Republic of Latvia.
7. RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1. The Client undertakes to:
7.1.1. Provide the Provider with accurate and up-to-date information about the games, including their names, descriptions, prices, duration, addresses, available dates and times, as well as any other information necessary for processing bookings.
7.1.2. Promptly update the information about the games in the event of any changes thereto.
7.1.3. Ensure that games booked through the Website are conducted under the terms and conditions specified on the Website at the time the booking was made.
7.1.4. Promptly check the Personal Account, email, and other communication channels specified by the Client, process incoming bookings and notifications, and promptly inform the Provider of any inability to conduct a booked game.
7.1.5. Guarantee that the information, photographs, videos, images, names, logos, and other materials provided to the Provider do not infringe the rights of third parties, and that the Client has all necessary rights and permissions for their use.
7.1.6. Grant the Provider the right to use the provided materials for publishing and promoting the Clientr’s games on the Website and in the Client’s advertising materials.
7.1.7. In the event that third parties make claims or demands against the Provider in connection with materials provided by the Client, provide the Povider with the necessary documents and information confirming the right to use such materials, and reimburse the Provider for documented losses incurred in connection with such claims due to the Client’s fault.
7.1.8. Comply with the applicable laws and regulations when organizing and conducting games, including safety requirements, and obtain all necessary permits and licenses if required by law.
7.1.9. Without the Provider’s prior consent, neither disclose to third parties nor use for purposes unrelated to the performance of this Agreement any non-public information received from the Provider in connection with the provision of the Services under this Agreement, except where such disclosure is necessary for the performance of this Agreement or required by law.
7.2. The Provider undertakes to:
7.2.1. Publish information about the Client’s games on the Website based on the data provided by the Client.
7.2.2. Provide the Client with information about bookings placed by users through the Website, including through the Personal Account and other communication channels agreed by the Parties.
7.2.3. Keep records of orders placed through the Website and, based on such records, determine the amount of the commission in accordance with the terms of this Agreement.
7.2.4. Provide the Client with access to the Personal Account to view information about orders, bookings, and mutual settlements.
7.2.5. Take reasonable measures to ensure the functioning of the Website and Personal Account, except in cases of technical maintenance, failures in third-party services, force majeure circumstances, and other circumstances beyond the Provider’s control.
7.2.6. Without the Client’s prior consent, neither disclose to third parties nor use for purposes unrelated to the performance of this Agreement any non-public information received from the Client, except where such disclosure is necessary for the performance of this Agreement or required by law.
7.2.7. The Provider is not the organizer of the games published by the Client on the Website and does not participate in their conduct. The Client shall be solely responsible for the conduct, quality, and safety of the games, their compliance with the descriptions and terms specified on the Website, as well as for the performance of obligations towards users in connection with the conduct of the games.
7.3. Client's Rights
7.3.1. Receive from the Provider information and explanations related to the provision of the Services, including information about bookings and the operation of the Website.
7.3.2. Contact the Provider with requests related to the publication and promotion of games, as well as the operation of the Personal Account.
7.3.3. Terminate this Agreement by giving the Provider at least 10 business days’ prior written notice.
7.4. Provider's Rights
7.4.1. Request from the Client information and documents necessary for the performance of this Agreement. If the Client fails to provide the necessary information or provides incomplete or inaccurate information, the Provider shall have the right to suspend the performance of the relevant obligations until the necessary information is received.
7.4.2. Verify the information and materials provided by the Client for compliance with the terms of this Agreement, applicable laws and regulations, and the requirements of the Website.
7.4.3. Refuse to publish or remove from the Website any information and materials provided by the Client if they violate the terms of this Agreement, applicable laws and regulations, or the rights of third parties.
7.4.4. Temporarily suspend the publication of individual games or the ability to book them through the Website in the event of a breach by the Client of the terms of this Agreement, receipt of substantiated user complaints, or the occurrence of other circumstances preventing the proper provision of the Services.
7.4.5. Make changes to the functionality, structure, and appearance of the Website, as well as temporarily restrict its operation in connection with technical maintenance, updates, or troubleshooting.
7.4.6. Determine the methods and scope of publication and promotion of information about the Client’s games on the Website, unless otherwise expressly agreed by the Parties.
7.4.7. Use information about orders and bookings, as well as statistical and analytical data related to the Client’s games, to analyze the operation of the Website, improve its functionality, prepare reports, and develop the Services, as well as use aggregated and anonymized data for commercial, statistical, and analytical purposes.
7.4.8. Use photographs, videos, images, logos, descriptions, and other materials provided by the Client for publication on the Website, as well as for advertising and promoting the Website and the Client’s games.
7.4.9. Engage third parties to perform its obligations under this Agreement.
7.4.10. Unilaterally terminate this Agreement in the event of a breach by the Client of its obligations under this Agreement.
8. LIABILITY OF THE PARTIES
8.1. For failure to perform or improper performance of their obligations under this Agreement, the Parties shall be liable in accordance with this Agreement and the applicable laws and regulations of the Republic of Latvia.
8.2. The Provider shall not be liable for any losses or loss of profits arising through the fault of third parties and/or for losses directly or indirectly related to the provision of the Services to the Client under this Agreement.
8.3. In the event of late payment, the Client shall pay the Provider late-payment interest at the rate of 0.05% of the overdue payment amount for each day of delay, starting from the day following the payment due date and continuing until the date of actual payment.
9. CONFIDENTIALITY
9.1. Commercial information received by the Parties and their employees in connection with the provision of the Services to the Client shall be considered confidential (hereinafter – “Confidential Information”) and shall not be disclosed to third parties without the prior written consent of an authorized officer of the respective Party. This restriction shall not apply to information:
- required to be disclosed in accordance with applicable laws and regulations and the nature of the assignments performed by the Provider;
- that is publicly known at the time of disclosure, including information that has been published or become known to an unlimited number of persons without violation of this Agreement and without fault of the Parties and/or their employees;
- that was already known to the other Party or became known before or during negotiations or the implementation of any project without violation of the terms of this Agreement.
If information provided by one Party is already known to the other Party, the latter shall immediately notify the former thereof.
9.2. Each Party undertakes to use Confidential Information exclusively within the scope of the joint work and to grant access to it only to persons directly involved in such work. The Parties undertake to take all necessary measures to ensure that their employees, consultants, affiliated and subsidiary companies, and contractors maintain the confidentiality of the above-mentioned information.
9.3. Unless otherwise agreed by the Parties, Confidential Information shall be and remain the intellectual property of the Party providing such information.
9.4. The Provider shall have the right, at its own initiative, to mention and indicate the fact that it has provided Services to the Client, as well as to provide a general description of the Services rendered in the Provider’s written and oral materials, including, but not limited to, on the Provider’s website, in the Provider’s presentations, printed and other materials, and when disseminating information by other means.
10. DISPUTE RESOLUTION
10.1. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Latvia.
10.2. The Parties shall seek to resolve all disputes and disagreements arising out of or in connection with this Agreement through negotiations.
10.3. Before initiating court proceedings, the Party believing that its rights or interests have been violated shall send the other Party a written claim specifying the demands and the circumstances on which they are based.
10.4. A claim may be sent by email or through other communication channels agreed by the Parties and specified in this Agreement or in the Personal Account.
10.5. The period for consideration of a claim shall be 10 (ten) business days from the date of its receipt, unless a different period is established by this Agreement.
10.6. If the dispute has not been resolved within the specified period, it shall be subject to consideration by a competent court in accordance with applicable law.
11. FORCE MAJEURE
11.1. The Parties shall be released from liability for full or partial failure to perform their obligations under this Agreement if such failure is caused by force majeure circumstances, namely: fire, flood, earthquake, strike, war, actions of state authorities, actions of third parties, or other circumstances beyond the control of the Parties.
11.2. A Party that is unable to perform its obligations under this Agreement shall promptly, but in any event no later than five calendar days after the occurrence of the force majeure circumstances, notify the other Party thereof in writing and provide supporting documents issued by the competent authorities.
11.3. The Parties acknowledge that the insolvency of either Party shall not constitute a force majeure circumstance.
12. PROCEDURE FOR MAKING AMENDMENTS AND SUPPLEMENTS TO THE AGREEMENT
12.1. The Provider shall have the right to unilaterally make amendments and supplements to this Agreement and approve a new version thereof.
12.2. Amendments and supplements made by the Provider shall enter into force on the date specified in the notice of amendment to the Agreement, but not earlier than 5 (five) calendar days after the publication of the respective version of the Agreement on the Website, unless a different period is provided for by this Agreement.
12.3. Amendments necessitated by changes in applicable laws and regulations or mandatory requirements of state authorities may enter into force on the date on which the respective changes in legislation or requirements enter into force.
12.4. A new version of the Agreement or amendments and supplements thereto shall be published by the Provider on the Website at: https://extrareality.lv/lv/riga/blog/public-offer. The Provider shall also have the right to notify the Client of amendments by email, through the Personal Account, or by other communication channels agreed by the Parties.
12.5. In the event of disagreement with the amendments to the Agreement, the Client shall have the right to terminate the Agreement by notifying the Provider thereof before the date on which the respective amendments enter into force.
12.6. If the Client has not notified the Provider of termination of the Agreement before the date on which the amendments enter into force, the amendments shall be deemed accepted by the Client and shall apply to the relationship between the Parties from the date on which they enter into force.
12.7. Amendments concerning the amount of the commission and other payments shall apply to bookings made after the date on which the respective amendments enter into force, unless otherwise expressly provided in the amendments.
13. MISCELLANEOUS
13.1. If any provision of this Agreement becomes invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions of the Agreement.
13.2. The Parties acknowledge the legal validity of documents and communications sent electronically to the email addresses specified in this Agreement or in the Personal Account, or through other means of communication used by the Parties in the performance of this Agreement, unless otherwise expressly provided by this Agreement.
13.3. Electronic communications sent by authorized representatives of the Parties from the agreed email addresses or through the Personal Account shall be deemed to have been sent by the respective Party unless proven otherwise.
13.4. The Parties undertake to promptly notify each other of any changes to their contact details, bank details, and other information necessary for the performance of this Agreement. Until such notification is received, communications sent using the previously provided details shall be deemed duly sent.
13.5. Information and actions performed by the Client through the Personal Account, as well as information about bookings, orders, and other transactions reflected in the Personal Account, may be used by the Parties as evidence confirming the respective actions and transactions, unless proven otherwise.
14. DETAILS OF THE PARTIES
14.1. The Parties unconditionally agree that the information specified in the Statement issued by the Provider shall be deemed to constitute the Client’s details.
15.2. Provider's details:
LLC "GOESCAPE"
TAX ID NUMBER: 5252990401
Warsaw, Długa str., 29, ZIP code: 00-238
PKO Bank Polska: 20102010420000820205796166
IBAN: PL8010201042000089020578213
BIC SWIFT BPKOPLPW
info@extrareality.lv
