Beep One Inc. (hereinafter referred to as "Corporation"), registered under the laws of the State of Delaware, USA and located at the address: in the State of Delaware is 251 Little Falls Drive, Wilmington, New Castle County, Delaware 19808 e-mail address: http://beep-one.com, the Contractor, as well as the Contractor's e-mail address, phone number +17736544520, is a Public Offer, under which the Contractor makes an offer to conclude a Contract for the provision of electronic services, which are provided using information technology, on the terms and conditions specified in the proposal with anyone who will respond. This offer contains all essential conditions, i.e. conditions that are recognized as essential by the legislation or are necessary for the provision of truck repair services, as well as those conditions regarding which, upon the Contractor's application, an agreement should be reached.
1. CONCEPTS AND TERMS USED IN THIS PUBLIC OFFER
1.1 Services - application for truck repair, i.e. electronic services (including informational, interactive, transactional) provided in all states of the USA to adult capable individuals and legal entities, using Information Technologies;
1.2 Contract - Offer - a present offer made by the Contractor to anyone who responds and which contains all material terms and conditions. This offer contains all the terms and conditions that are recognized as essential by law or necessary for the provision of the Services, as well as those terms and conditions on which, at the request of the Contractor, an agreement should be reached;
1.3 Acceptance - the User's response or the User's performance of actions defined by the Contract-Offer, indicating full and unconditional acceptance of the terms and conditions of the Contract-Offer;
1.4 Information technology - a set of methods, production processes and software and hardware, combined in a technological complex, providing collection, creation, storage, accumulation, processing, search, output, copying, transmission and distribution of information;
1.5 Website - Internet resource http://24hourtrucksos.com/ - of the Contractor's resource, i.e. information (in text, graphic, audiovisual or other form), placed on the hardware and software complex, having a unique network address and (or) domain name and functioning in the Internet;
1.6 Visitor - a person who has visited the Website without the purpose of registration on it or placing an Order;
1.7 User - a person who has accepted the Contract - Offer of the Contractor;
1.8. Order - the User's assignment to provide Services, executed in accordance with the terms of the Contract-Offer;
1.9. Parties - the parties to the Contract-Offer are jointly the Executor and the User;
1.10. Personal Data - information regulated by the Agreement-Offer, related to a certain individual, recorded on electronic, paper and (or) other material medium;
1.11. Collection of Personal Data - actions aimed at obtaining Personal Data;
1.12. Processing of Personal Data - actions aimed at accumulating, storing, modifying, supplementing, using, distributing, depersonalizing, blocking and destroying Personal Data;
1.13. Third parties - persons connected, both at present and in the future, with the Contractor by circumstances or legal relations on Collection, Processing and protection of the User's Personal Data.
2. SUBJECT OF THE CONTRACT - OFFER
2.1 The Executor undertakes to provide Services under the Order, and the User undertakes to pay for these Services. In this case, the terms of rendering the Services are defined in this Agreement-Offer and can be accepted by the User no other way than by joining the proposed Agreement-Offer as a whole by accepting (Acceptance) the Contractor's offer.
2.2 Procedure for making the Acceptance - the Contractor's offer is considered to be accepted by the User from the moment of making any of the following actions:
2.2.1. payment for the Services by the User in the order and on the terms and conditions specified in the Agreement - Offer;
2.2.2. application for truck repair on the Site;
2.2.3. placing an Order;.
2.3 When the User makes the Acceptance in the above described order, it is considered that:
2.3.1. the User has familiarized, agreed and accepted the Contractor's offer;
2.3.2 The Contractor has received the Acceptance;
2.3.3 The Contract - Offer is concluded, does not require bilateral signing and is valid in electronic form;
2.3.4. the written form of the transaction is observed.
2.4. The Contractor has the right to withdraw its offer to conclude the Contract-Offer at any time, but this is not a basis for refusal of the Contractor's obligations under the Orders accepted for execution.
2.5 The Site may be temporarily unavailable, partially or completely, and accordingly, the provision of Services may be temporarily discontinued, partially or completely due to preventive or other works, as well as for any other reasons of technical nature. The Contractor has the right to periodically carry out the necessary preventive or other works with or without prior notice to Users.TERMS AND TERMS USED IN THIS PUBLIC OFFER
3. TERMS OF SERVICE
3.1 The User undertakes to fulfill the following rules of using the Website:
● Before sending an application the User must familiarize himself with the terms and conditions of the Agreement - Offer, in case of disagreement of the User with the terms and conditions stated in the Agreement - Offer, he must not send an application on the Executor's Website and (or) receive any Services provided by the Executor.
● the data entered during registration by the User must be reliable, and the User is solely responsible for the accuracy and correctness of the data entered;
● when using the Website, the User is prohibited from any actions aimed at obtaining unauthorized access to the Executor's server resources, Personal account and other data of other Users, as well as any other data available via the Internet.
● the use of the Website and (or) the use of the Executor's Services shall be carried out by the User only for lawful purposes and by lawful means in accordance with the legislation.
The User shall independently follow the changes in the terms and conditions of the Agreement - Offer made by the Executor;
3.2 At the User's order, the Executor renders the Services listed below:
Features of the Service provided, information about the main features of the Service
Term of rendering the Service and the procedure for calculating the term
Presence or absence of warranty period
At the breakdown site and/or specialized locations
Service guarantee from a mechanic
3.3 Terms of rendering (purchasing) the Services - for rendering the Services (and) the User shall place an Order. When placing an Order, the User determines the type of the required Service:
3.3.1. one-time Service, i.e. one Service or Services provided once;
3.3.2. regular Service, i.e. a Service provided on a permanent (continuous) basis and (or) for a long time and (or) a set of Services united by a certain feature;
3.3.3. repeated Service, i.e. a Service provided not on a permanent basis, but only when the User's need arises according to his Order.
3.4 Within the framework of execution of the Agreement - Offer, the User may place an unlimited number of Orders. In this case, the fulfillment of a particular Order (provision of the Service) does not terminate the Agreement-Offer.
3.5 The procedure for placing an Order is specified in the section http://24hourtrucksos.com/.
3.6 The Contractor undertakes to provide the Services not personally. In particular, the Services shall be rendered by means of mechanics.
4. PRICE, TERM AND PAYMENT PROCEDURE
4.1 Upon the User's Order, the Contractor shall provide the following Services: Service Guarantee from a mechanic
4.2 The cost of the Services rendered shall not be subject to value added tax.
4.3 Payment for the Services under the respective Order shall be made by the User on the terms of 100% (one hundred percent) payment after the mechanic's work has been performed within one day.
4.4 The payment for the Services shall be made in the following non-cash payment methods:
● By payment card (VISA or MasterCard),
● By transferring money to the Executor's bank account.
4.5 Some methods of payment for the Services may stipulate the User's obligation to pay a commission or service fee to the persons who receive and transfer payments, bank, etc.
5. ACCEPTANCE-TRANSFER OF RENDERED SERVICES
5.1 Not later than 7 working days after the completion of rendering the Services under the respective Order, the Contractor undertakes to provide the User with a receipt of the completed work (rendered services).
5.2 In case of non-compliance of the Services with the quality of the mechanics, the Contractor is not obliged to eliminate the established non-compliance within the time agreed with the User. The work performed by the mechanics is a personal guarantee of the mechanics, the User provides a resource for finding mechanics by providing a base of mechanics to the User and no more. The User has the right not to pay for poor quality work of the mechanic if it is justified, but does not have the right not to pay for the miles traveled by the mechanics to arrive at the place of breakdown of trucks at the request of the User.
6. CONSENT TO THE COLLECTION AND PROCESSING OF PERSONAL DATA
6.1. In accordance with the legislation governing relations related to the Collection, Processing of Personal Data when the User makes the Acceptance, in the manner prescribed by the Agreement - Offer, the User gives unconditional consent to the Contractor and Third Parties to the Collection, Processing, cross-border transfer (if necessary) of the User's Personal Data, not contrary to the law in ways that do not contradict the law, for the purposes regulated by the Agreement - Offer, and in sources, including publicly available, at the discretion of the Contractor, in connection with the already existing personal data of the User.
6.2 Under the Personal Data of the User, the Parties have defined the following information relating to the User, as well as future changes and (or) additions, recorded on electronic, paper and (or) other tangible media, including, but not limited to: surname, first name, patronymic, postal address, address of registration (propiska)), home, work, cell phone numbers, e-mail address (a), specify other necessary Personal Data).
6.3 Collection, Processing and cross-border transfer (if necessary) of the User's Personal Data is carried out by the Executor for the following purposes, including, but not limited to:
6.3.1. for the purpose of proper fulfillment of the Agreement - Offer, as well as the rights and obligations imposed on the Contractor by the legislation;
6.3.2. for the Contractor's internal control and accounting;
6.3.3. for judicial and extrajudicial protection of the Contractor's rights: in case of violation of obligations under the relevant transactions; in case of disputes, including disputes with third parties;
6.3.4. for conducting research aimed at improving the quality of the Services;
6.3.5. to conduct marketing programs, statistical research, as well as to promote the Services by means of direct contact with the User through various means of communication, including, but not limited to: postal mailing, e-mail, telephone and (or) facsimile, Internet, etc.).
6.4 By transmitting Personal Data to the Executor via open communication channels, the User is aware of and assumes the risk of unauthorized receipt by other persons and related consequences. The Executor is not responsible for unauthorized receipt of Personal Data by other persons when transmitting them via open communication channels.
6.5 The User's consent to the Collection, Processing and trans-border transfer (if necessary) of Personal Data regulated by this Section may be withdrawn in cases regulated by the laws of the State of Delaware on the basis of a corresponding application in writing, which is delivered to the Executor not less than 3 days prior to the date of withdrawal of this consent. At the same time, the User is aware that this consent may not be revoked in cases where such revocation would be contrary to the law, or where the User has outstanding obligations to the Provider.
7. LIABILITY OF THE PARTIES
7.1 For non-fulfillment and (or) improper fulfillment of obligations under the Contract-Offer the Parties shall be liable in accordance with the Contract-Offer and the legislation.
8. FORCE MAJEURE CIRCUMSTANCES (FORCE MAJEURE)
8.1 The Party shall be released from liability for partial or full non-fulfillment or improper fulfillment of the obligation, if it was a consequence of force majeure circumstances that arose after the conclusion of the Contract - Offer as a result of extraordinary circumstances that the Party could not foresee or prevent.
8.2 Force majeure circumstances shall mean: flood, fire, earthquake, natural phenomena, epidemic, war or military actions, as well as decisions of state authorities or governmental bodies.
8.3 Upon occurrence of such circumstances, the Party affected by them shall notify the other Party in writing within 3 days.
8.4 The Party referring to force majeure circumstances shall provide the other Party with official documents certifying the existence of these circumstances and, if possible, assessing their impact on the ability of the Party to fulfill its obligations under the Agreement - Offer. Force majeure circumstances of publicly known nature do not require proving.
8.5 If the Party affected by force majeure circumstances, does not send the documents regulated by the Agreement - Offer, certifying the existence of these circumstances, such Party is deprived of the right to refer to such circumstances as a basis that relieves it of responsibility for non-fulfillment or improper fulfillment of obligations under the Agreement - Offer.
8.6 In case of occurrence of force majeure circumstances the term of fulfillment of obligations under the Contract - Offer by the Party shall be postponed proportionally to the time during which these circumstances and their consequences are in effect. If the force majeure circumstances and their consequences continue to operate for more than 10 days, the Parties shall hold additional negotiations to determine acceptable alternative ways of fulfillment of the Agreement - Offer, or the obligations of the Parties shall be terminated by impossibility of fulfillment (except for monetary obligations) from the moment of occurrence of force majeure circumstances.
9. DISPUTE RESOLUTION
9.1 Pre-trial dispute resolution is carried out through negotiations and filing claims and is mandatory.
9.2 The Parties determine the following mandatory procedure of pre-trial dispute resolution:
9.2.1 The claim shall be submitted in writing and signed by a duly authorized person.
9.2.2 The claim shall specify: the claims, the amount of the claim and its reasonable calculation (if the claim is subject to monetary assessment); the circumstances on which the claims are based and the evidence supporting them; the list of documents and other evidence attached to the claim; other information necessary for the settlement of the dispute.
9.2.3 The claim shall be considered within ten calendar days from the date of receipt, and the Party submitting the claim shall be notified in writing of the results of consideration. In the response to the claim, the Party receiving the claim shall necessarily indicate the reasons for the decision and proposals on the dispute settlement procedure.
9.2.4 If the claim is not accompanied by the documents necessary for its consideration, they shall be requested from the Party that sent the claim within 3 days from the date of receipt of the claim, specifying the deadline for submission (at least 7 days). If the requested documents are not received by the specified deadline, the claim shall be considered on the basis of the available documents.
9.3 Disputes shall be resolved in court in accordance with the laws of the State of Delaware.
10. PROCEDURE OF CHANGE, TERMINATION OF THE CONTRACT - OFFER
10.1 The Parties have agreed that notices and (or) requests of the Parties under the Contract - Offer may be exchanged in any of the following forms:
10.1.1. in hard copy sent to:
10.1.1.1. by compulsory registered mail (registered letter), or
10.1.1.2. by hand against the recipient's signature on the sender's copy of the notice.
10.1.2. without using paper media, by means of messages sent by e-mail:
10.1.2.1. on behalf of the Contractor from an e-mail address containing the domain name hr@beep-one.com,
10.1.2.2. on behalf of the User from the e-mail address specified at ______________________.
10.1.3. the Notice and (or) request transmitted in the form of an e-mail message shall contain:
10.1.3.1. in the subject (subject) of the message - the subject of the notice and (or) request,
10.1.3.2. in the text of the message - information necessary for consideration of the request or information sufficient for understanding the submitted notification. The Parties have separately agreed that letters sent from other e-mail addresses, in a form different from the above described forms may not be considered.
10.2 The Parties have agreed that the Contractor has the right at its own discretion to change and (or) supplement the Contract - Offer, including the terms and (or) procedure of rendering the Services, volume, quantity and (or) completeness of the Services, their cost. At the same time:
10.2.1. notification of the User about such changes and (or) additions is carried out in any publicly available way, including by posting information on the Website at least one day before the changes and (or) additions come into force. In case of disagreement of the User with changes and (or) additions made to the Agreement - Offer, he is obliged to notify the Contractor in writing before they come into force and (or) to stop using the Services. The Parties agreed that the absence of such written notification from the User is considered as his consent to changes and (or) additions to the Agreement - Offer, proposed by the Contractor. The Contract - Offer is considered to be amended and (or) supplemented from the moment specified in the Contractor's notice and on its basis, without signing any additional agreements to the Contract - Offer;
10.2.2. in order to ensure the ability to store and reproduce the terms of the Contract-Offer at the time of the User's accession to the Contract-Offer when the User makes the Acceptance in the order regulated by the Contract-Offer, the Contractor provides the User with the opportunity to download the text of the Contract-Offer by clicking the "download" button at the bottom of the text send.
10.2.3. the current version of the Agreement - Offer is posted on the Website.
10.3 Termination of the Contract-Offer is possible by agreement of the Parties, as well as in case of unilateral refusal to fulfill the Contract-Offer (withdrawal from the Contract-Offer) on the grounds provided by the Contract-Offer and the legislation.
10.4 Proposal to terminate the Contract-Offer by agreement of the Parties shall be sent to the other Party in the form agreed by the Parties in the Contract-Offer within at least 3 days prior to the proposed date of termination. Termination of the Contract-Offer by agreement of the Parties shall be made in the same form as the Contract-Offer, by sending by one Party a proposal to terminate the Contract-Offer and its acceptance (Acceptance) by the other Party.
10.5 Unilateral refusal to execute the Contract-Offer shall be made by written notice sent to the other Party in the form agreed by the Parties in the Contract-Offer, within at least 3 days prior to the date of refusal to execute the Contract-Offer.
10.6 In addition to the statutory cases, the Parties to the Contract-Offer have agreed other cases caused by the Party's breach of the Contract-Offer, in which the other Party has the right to withdraw from the Contract:
10.6.1. On the initiative of the User:
10.6.1.1. repeated (once or more) non-fulfillment and (or) improper fulfillment by the Contractor of the accepted obligations regulated by the Contract-Offer;
10.6.1.2. non-fulfillment and (or) improper fulfillment of obligations regulated by the Contract-Offer.
10.6.2 On the initiative of the Contractor:
10.6.2.1. repeated (once or more) non-fulfillment and (or) improper fulfillment by the User of the accepted obligations regulated by the Contract-Offer;
10.6.2.2. delay by the User in fulfillment of obligations regulated by the Contract-Offer for a period of more than 3 days;
10.6.2.3. non-fulfillment and (or) improper fulfillment by the User of the obligations regulated by the Contract-Offer.
11. FINAL PROVISIONS
11.1 The Contract-Offer and all legal relations arising in connection with the execution of the Contract-Offer shall be governed by and subject to interpretation in accordance with the laws of the State of Delaware.
11.2 The Contract-Offer comes into effect at the moment of the User's accession to the Contract-Offer, i.e. when the User makes the Acceptance in accordance with the procedure regulated by the Contract-Offer, and is valid until the Parties fulfill their obligations in full.
