STANDARD-FORM CONTRACT ON THE USE OF WEB-SITE SERVICES HTTPS://DGIMSTUDIO.COM/

 

Publication dated of this version of Contract: 10.10.2018.

City of Minsk, Republic of Belarus

DZHIM STUDIO LIMITED LIABILITY COMPANY (hereinafter – DZHIM STUDIO), represented by Director Hluboki Dzianis Stanislavovich, acting on the basis of the Articles of Association, of the one part, and individual (hereinafter – the User), having registered at and using website: https://dgimstudio.com/ (hereinafter – the Site), in order to obtain digital goods (vector illustrations, images, graphic styles, software additions to third party software, etc.) of DZHIM STUDIO, of the other part, hereinafter collectively referred to as the Parties and independently as the Party, have concluded this standard-form contract on the use of web-site services (hereinafter – the Contract) as follows.

1. SUBJECT-MATTER OF CONTRACT

1.1. According to this Contract, the User accesses the Site and its services for the purpose of acquiring licenses for the use of digital goods of DZHIM STUDIO on the terms and conditions set forth in this Contract.

1.2. By accessing the Site through the establishment of a personal account, the User expresses his/her full and unconditional acceptance of terms and conditions set forth below. DZHIM STUDIO may from time to time unilaterally revise the terms and conditions of this Contract and bring such changes to the attention of the User. In case of the User's disagreement with amended terms and conditions of this Contract, the User is obliged to stop any use of the Site and its services and delete his/her account.

1.3. While continuing to use the Site and its services, the User confirms his/her agreement with such amended terms and conditions of this Contract. The access to the Site and its use are governed by the current version of this Contract posted on the Site during the period of its use by the User.

1.4. The User hereby confirms that:

1.4.1. He/she has all necessary rights to register (create a personal account) for the purpose of acquiring licenses for the use of digital goods through the Site;

1.4.2. Personal data provided by the User when registering (creating a personal account) are complete and reliable;

1.4.3. He/she realizes that personal data provided during the registration (creating a personal account) may become available to third parties in the cases specified by the legislation of the Republic of Belarus and Privacy Policy;

1.4.4. He/she is duly acquainted with and accepts the Privacy Policy, has accepted terms and conditions of this Contract and accepts the rights and obligations specified in these documents.

1.5. The fact of registration (creating a personal account) on the Site is a proper acceptance of the terms and conditions of this Contract. From the moment of the User's registration on the Site, this Contract shall be deemed concluded by the Parties and subsequent relations of the Parties shall be governed by its terms and conditions.

1.6. If the User does not register on the Site, the User receives limited access to the functionality of the Site and its services, and this Contract is applicable insofar as it does not contradict the order and scope of such limited use of the Site.

1.7. In case of acquiring licenses for the use of digital goods by the User without registering on the Site, the User is also deemed to have duly concluded this Contract and he/she automatically receives created personal account and is asked to assign a password for the purposes of subsequent use of the Site (authorization).

2. ORDER OF SITE USE

2.1. To start using the Site, the User needs to create a personal account. When creating a personal account, the User must specify his / her e-mail address and assign a password for the subsequent authorization on the Site.

2.2. All actions performed using the User's personal account, including the placing of order for the acquisition and / or purchase of licenses for the use of digital goods of DZHIM STUDIO, are considered by DZHIM STUDIO as the actions of such User. The user is obliged to maintain the confidentiality of his/her e-mail address and password in order to prevent illegal and (or) uncontrolled actions of third parties committed using the User's personal account.

2.3. During the creation of the personal account, the User must read and accept the terms of the Privacy Policy posted at: https://dgimstudio.com/policy.

2.4. In connection with the creation of a personal account on the Site, the User is granted a nonexclusive non-transferable license to use the Site and its services, limited to the rights to reproduce the Site and its services and use their functionality.

2.5. The User does not have the right to use any digital goods posted on the Site and available for receipt, in any way prior to the acquisition of the license for their use and receipt of confirmation of payment by DZHIM STUDIO, unless otherwise expressly provided for by the terms of the relevant license.

2.6. For the purposes of acquiring a license for the use of digital goods, the User needs to select one of the licenses for the use of digital goods, which conditions are set out below, as well as select and order digital products of interest to him/her.

2.7. After making a choice and ordering a digital product, the User must pay the cost of the corresponding license. In order to do this he/she passes to the protected web page of the processing company. DZHIM STUDIO is not engaged in receiving and processing payments.

2.8. After the User's payment for the selected license, the digital goods chosen by the User become available for downloading by the User and (or) sent to the User at the e-mail address specified by him/her when registering on the Site (in his/her personal account).

2.9. Time for providing the possibility of downloading (sending) digital goods to the User is, as a rule, 10 (ten) minutes from the moment of payment of the cost of license selected. The maximum period for the transfer of digital goods to the User cannot exceed 24 (hours) from the moment of payment of the license cost.

2.10. The personal account of the User may be blocked at any time by DZHIM STUDIO without prior notification of the User about such blocking, including in case of the violation of provisions and conditions of this Contract.

2.11. The User's access to the Site may be restricted at any time by DZHIM STUDIO without prior notification of the User on such restriction, including in case of violation of the terms and conditions of this Contract, as well as in case of technical works on the Site.

2.12. The User uses the Site at own risk and under own property responsibility. The Site is provided by DZHIM STUDIO in accordance with the terms and conditions of this Contract "as is". In particular, DZHIM STUDIO expressly refuses any compensation for any property losses related to the use or inability to use the Site. DZHIM STUDIO does not guarantee the suitability of the Site, its services or offered digital products for a specific purpose, does not guarantee the absence of the copyright infringement and any other guarantees that may arise under the law to the extent permitted by the law. DZHIM STUDIO also does not guarantee that: (a) the Site will meet the requirements of the User or requirements usually imposed in the Internet to such sites and services; (b) the access to the Site will be uninterrupted; (c) the quality of the Site and its services will meet the expectations of the User; and (d) any errors or imperfections of the Site, its services or digital goods will be adjusted. DZHIM STUDIO does not give any guarantees or assurances that the Site is authorized and can be used unrestrictedly at the location of the User, that the Site will correspond to the User's needs or that DZHIM STUDIO will support any specific services of the Site without restriction on the term of their provision and (or) support.

2.13. Notwithstanding the provisions of clause 2.12 above, DZHIM STUDIO hereby warrants that it is the efficient owner of exclusive property rights to digital goods available for purchase by Users of the Site, and that such digital goods are free from any rights, claims and demands of third parties and can be used by Users for free in accordance with the terms of the applicable license. Any software components, images and other protected objects of the copyright placed on the Site and not included in digital goods, which do not belong to DZHIM STUDIO, are used in accordance with the terms of applicable legally binding documents. The User does not have the right to use such objects without obtaining the prior consent of DZHIM STUDIO regarding the scope and order of possible use.

3. PROPERTY RIGHTS TO SITE AND ITS CONTENT

3.1. All rights to the Site and its services, including digital goods of DZHIM STUDIO, representing objects of intellectual property, expressed in digital (electronic) form, belong to DZHIM STUDIO.

3.2. Any unauthorized use of the Site and its services, including the use of digital goods without the receipt and payment for the license or other authorization from DZHIM STUDIO, or use of a digital product in excess of the scope provided under the terms of the license, is a violation of this Contract. The User shall refrain from performing any actions with respect to the Site and its services, including digital images, except for those expressly permitted under this Contract and terms of the applicable license.

3.3. It is forbidden to delete any copyright notices that are present on the Site, its services or in digital goods and attest to the property right of DZHIM STUDIO to these objects.

4. LICENSES AND THEIR USE

4.1. Hereby, DZHIM STUDIO grants the User an exclusive right to use digital goods on the terms and conditions established by the relevant license purchased by the User. An exclusive right shall be deemed to be duly provided to the User from the moment of payment for the relevant license. The User has the right to choose one or more of the following types of licenses: standard (non-exclusive), extended (non-exclusive) or exclusive license.

4.2. The number of digital goods received on the basis of a license is limited to 1 (one) digital product. However, the exclusive right to use digital goods provided in accordance with the terms of a license is considered to be used by the User in full before the expiration of the validity period of the license chosen and paid by the User in case of commercial use of digital goods purchased by him/her in accordance with the license, unless otherwise specified by the terms of the applicable license.

4.3. The exclusive right to use digital goods provided under this Contract covers the following ways of their use:

4.3.1. reproduction of digital goods in other objects / products (in case of commercial use, provided that the digital goods and (or) parts thereof are not the main objects of reproduction, unless otherwise directly specified);

4.3.2. distribution of digital goods by means of sale or other transfer of ownership, taking into account the limitations established by this Contract, in particular, in the implementation of end products that are objects of the material world (hereinafter referred to as "products" or "goods");

4.3.3. processing of a digital product to create a derivative work.

4.4. For the purposes of this Contract, commercial use (use for commercial purposes) means such use of digital goods, which implies the subsequent User's fee-based sale of other objects / products containing digital goods or processed digital goods in its composition.

4.5. For the purposes of this Contract, personal use (use for personal purposes) means such use of digital goods, which does not imply the existence of the fee-based sale in case of the alienation of the ownership to a physical medium, containing digital goods or processed digital goods, including family, home and (or) other personal use.

4.6. Commercial project means a holistic and unified undertaking involving the commercial use of digital goods, which may lead to the creation of one or more objects / products containing digital goods or processed digital goods in its composition. Any object / product containing digital goods or processed digital goods in its composition should be covered by a single concept within a single commercial project.

4.7. Licenses are granted on the fee-based basis. The cost of each type of license is indicated on the page with the digital product and its description. Licenses are granted only under the conditions of 100% advance payment of their cost in full.

4.8. Upon the issue of the license by DZHIM STUDIO, the Acceptance and Transfer Act (hereinafter - the Act) shall be drawn up unilaterally within 5 (five) working days from the date of the actual grant of the license. The act is sent to the User in the electronic form to the e-mail address of the User specified in the personal account, or becomes available for downloading by the User in the personal account.

STANDARD LICENSE:

4.9.1. Non-exclusive (simple) license, which validity term from the date of its acquisition is the entire period of validity term of copyright to a particular digital product.

4.9.2. The territory of application of digital goods under this license includes the territory of the whole world.

4.9.3. The distribution of digital goods in the original form and (or) its parts is prohibited.

4.9.4. The mentioning of the name DZHIM STUDIO when using digital goods by the User is not mandatory.

4.9.5. Terms of commercial use: - This license can be used for purchasing digital goods for only 1 (one) own commercial project of the User or for 1 (one) commercial project for 1 (one) customer of the User.

- Digital goods purchased under the standard license may be used to create products (souvenirs, promotional products, clothes, furniture, etc.) intended for sale, provided that the total number of such products for sale does not exceed 50 (fifty) units.

- If the purchased digital goods are used on television, in video or television movies, streaming videos, video on demand and (or) in online video, the standard license can be applied only provided that the budget of such video does not exceed 10 000 USD.

4.9.6. Terms of personal use:

- One license entitles the User to use digital goods for personal purposes unlimited number of times.

4.9.7. If the User purchases such digital goods as software additions to third party software, including software products such as Adobe Illustrator or Adobe Photoshop (brushes, plug-ins, actions, graphic styles, gradients, palettes, etc.), under the standard license, 1 (one) standard license gives him/her the right to install and use such software add-on on 1 (one) device. Software add-ons can be used unlimited number of times both for personal and commercial purposes during the entire validity term of the license.

4.10. EXTENDED LICENSE:

4.10.1. Non-exclusive (simple) license, which validity term from the date of its acquisition is the entire period of validity term of copyright to a particular digital product.

4.10.2. The territory of application of digital goods under this license includes the territory of the whole world.

4.10.3. The distribution of digital goods in the original form and (or) its parts is prohibited.

4.10.4. The mentioning of the name DZHIM STUDIO when using digital goods by the User is not mandatory.

4.10.5. Terms of commercial use:

- This license can be used for purchasing digital goods for only 1 (one) own commercial project of the User or for 1 (one) commercial project for 1 (one) customer of the User.

- Digital goods purchased under the standard license may be used to create products (souvenirs, promotional products, clothes, furniture, etc.) intended for sale, provided that the total number of such products is unlimited.

- If the purchased digital goods are used on television, in video or television movies, streaming videos, video on demand and (or) in online video, the extended license can be applied to the video with any budget.

4.10.6. Terms of personal use:

- One license entitles the User to use digital goods for personal purposes unlimited number of times.

4.11. EXCLUSIVE LICENSE:

4.11.1. Exclusive license, which validity term from the date of its acquisition is the entire period of validity term of copyright to a particular digital product.

4.11.2. The territory of application of digital goods under this license includes the territory of the whole world.

4.11.3. The digital goods can be used by the User for commercial and personal purposes in full without restriction by the number of times for such use, including the possibility of distribution of original digital goods, its public display or its other communication to the public. Otherwise, the volume of use under this license is equal to the amount established for the extended license, and this license can be used for the purpose of purchasing digital goods for the use in an unlimited number of commercial projects of the User or in an unlimited number of commercial projects for any number of customers of the User.

4.11.4. When acquiring digital goods under the exclusive license, the User is entitled to conclude sub-license and other contracts mediating the transfer of an exclusive license for a digital product in respect of such digital goods with any third parties at their own discretion.

4.11.5. At the same time, the User acquiring digital goods under the terms of an exclusive license must take into account that the digital product was available for the acquisition by third parties and could (can) be used in other projects, on products, in other objects of third parties until its receipt by the User based on the terms of the exclusive license. The User hereby agrees that such use of digital goods by third parties (carried out by them prior to the receipt of digital goods by the User under the terms of the exclusive license) does not violate the terms of this license and User's rights to use digital goods in accordance with its terms.

4.11.6. Within 60 (sixty) calendar days from the receipt of digital goods by the User on the basis of the terms of this license, it will be excluded by DZHIM STUDIO from the catalog of digital goods available for the acquisition by third parties on the Site. From the moment of User's receipt of digital goods under the terms of this license, the possibility of obtaining this digital product by third parties will be limited by DZHIM STUDIO within a commercially reasonable term.

LIMITATIONS ON USE OF IMAGES

The User shall not:

4.12.1. Use digital goods in any way other than those expressly permitted by this Contract and terms of the relevant license.

4.12.2. Use digital goods for the purposes expressly prohibited by the legislation of the Republic of Belarus or other applicable legislation.

4.12.3. Use digital goods in the manner that violates the rights of third parties with respect to trademarks and other intellectual property rights or causes claims for unfair advertising or competition.

4.12.4. Use any digital goods (completely or partially) as a trademark, service mark, logotype and (or) other means of individualization or a part thereof.

4.12.5. Directly or indirectly create a false impression that any digital goods were created by the User or any other person who is not the owner of the copyright to these digital goods.

4.12.6. Resell, redistribute, provide access to, share or transfer any Visual Content except as specifically provided herein. For example and not by way of limitation, the foregoing prohibits displaying Content as, or as part of, a "gallery" of content through which third parties may search and select from such content.

4.13. Digital goods are provided "as is" without any warranty, both express or implied, including (but not limited to) implied warranties of suitability for a particular purpose.

5. LIABILITY OF PARTIES AND DISPUTE SETTLEMENT

5.1. If the User violates the terms and conditions of this Contract and (or) terms of the applicable license, DZHIM STUDIO has the right to restrict the User's access to the Site or block the personal account of such User without prior notification. In this case, DZHIM STUDIO does not return any payments made by the User, and corresponding license is considered to be used in full, regardless of the actual volume of its use.

5.2. DZHIM STUDIO is exempted from any property liability if the User uses digital goods not in accordance with the terms and conditions of this Contract and (or) conditions of the relevant license. The User will be obliged to reimburse DZHIM STUDIO any property costs that may be incurred in connection with the violation by the User of the terms and conditions of this Contract and (or) terms of any applicable license, subject to availability of documentary evidence of such incurred costs.

5.3. Any disputes or disagreements arising in connection with the terms and conditions of this Contract, terms of the applicable license, are subject to settlement under the claim procedure. The period for consideration of the claim by the Party is 15 (fifteen) calendar days from the date of its receipt. In case of the impossibility of settlement of the dispute that has arisen in the claim procedure, it shall be submitted for the consideration to the state court at the location of DZHIM STUDIO in accordance with the procedural legislation of the Republic of Belarus. The applicable law with respect to the provisions and conditions of this Contract, terms of the applicable license is the substantive law of the Republic of Belarus (except for its conflict rules).

6. FINAL PROVISIONS

6.1. Accepting the terms and conditions of this Contract, the User confirms his/her consent that the Site may contain links to any third-party site that is not controlled by DZHIM STUDIO. However, DZHIM STUDIO does not give any guarantees of any kind; either express or implied, and assumes no material liability for the content of such third-party sites, including liability for their operability and availability at any time.

6.2. Electronic correspondence of the Parties related to the implementation of the provisions and conditions of this Contract shall be considered valid and can be used as evidence in the court.

6.3. For the purposes of electronic correspondence specified in clause 6.2 above, all correspondence from DZHIM STUDIO shall be deemed appropriate if it was sent from the following email address: custom@dgim-studio.com. In respect of the User, all outgoing electronic correspondence shall be deemed appropriate if it was sent from the e-mail address specified in the User's personal account. Each Party is solely responsible for the proper receipt of incoming electronic correspondence and carries the risk of non-delivery of outgoing electronic correspondence.

6.4. The terms and conditions of this Contract are applicable to the relations of the Parties during the entire period of using the Site by the User for the purpose of obtaining digital goods of DZHIM STUDIO.

7. CONTACT DETAILS OF DZHIM STUDIO

DZHIM STUDIO Limited Liability Company

Address: 29 Pritytskogo St., office 60, Minsk , 220092

e-mail: custom@dgim-studio.com

Previous versions of this Contract: Absent.

 

 

STANDARD-FORM FEE-BASED SERVICE CONTRACT

 

Publication dated of this version of Contract: 10.10.2018.

City of Minsk, Republic of Belarus

DZHIM STUDIO LIMITED LIABILITY COMPANY (hereinafter – DZHIM STUDIO), represented by Director Hluboki Dzianis Stanislavovich, acting on the basis of the Articles of Association, of the one part, and individual (hereinafter – the User), having registered at and using web-site: https://dgimstudio.com/ (hereinafter – the Site), in order to obtain services of DZHIM STUDIO, of the other part, hereinafter collectively referred to as the Parties and independently as the Party, have concluded this standard form fee-based service contract (hereinafter – the Contract) as follows.

1. SUBJECT-MATTER OF CONTRACT

1.1. Following the instructions of the User, DZHIM STUDIO undertakes to render services for creating graphic images in vector and / or raster format (hereinafter - the image creation service") and (or) design services at User's option (hereinafter jointly referred to as the services), and , if applicable, grant exclusive rights to use the results of such services, while the User agrees to accept and pay for the services, and, if applicable, rights granted, in accordance with the terms and conditions of this Contract.

1.2. The specific name and content of services provided, terms of services provision (however, service provision time by default cannot exceed 40 (forty) working days), scope of services provided, other characteristics of services provided, scope of rights granted in relation to the results of service provision, if applicable, shall be agreed by the Parties and specified in the Technical Assignments to this Contract, which are its integral parts.

1.3. The services are provided using the Site. The moment of conclusion of this Contract is the moment when the User places an order for receiving services through the feedback form on the Site, or sending such order to the e-mail address of DZHIM STUDIO specified for this purpose on the Site, or sending such order through the messenger to the phone number of DZHIM STUDIO specified for such purposes on the Site.

1.4. For the purposes of this Contract the Technical Assignment means the page with the project on the Site, which is created by DZHIM STUDIO on the basis of the order received from the User and reference sent by DZHIM STUDIO in response to the order received from the User. The reference to the Technical Assignment is sent to the User at the e-mail address or mobile phone number in the messenger, used by the User to place the order. From the moment of receiving the reference to the Technical Assignment and for the purpose of subsequent work with the Site and receipt of services, the User needs to create a personal account, which shall be created in accordance with the terms and conditions of the Standard Form Contract on the Use of WebSite Services https://dgimstudio.com/, available at: https://dgimstudio.com/terms.

2. PROPERTY RIGHTS

2.1. Exclusive rights to use the results of services, if applicable, shall be purchased by the User separately in addition to the payment for the services provided under this Contract in accordance with the terms of a license provided for in the terms and conditions of the Standard Form Contract on the Use of Web-Site Services https://dgimstudio.com/, available at: https://dgimstudio.com/terms.

2.2. Brief license terms for the purposes of familiarization and comparison are stated on the Site at the following address: https://dgimstudio.com/license. The cost of a license with respect to the service results is provided to the user of DZHIM STUDIO upon the request and indicated in his/her personal account and (or) in the Technical Assignment.

2.3. The need to acquire exclusive rights to the service results is obligatory indicated in the Technical Assignment. The license chosen by the User after the moment of its payment is also displayed in the Technical Assignment and its terms become an integral part of this Contract and corresponding Technical Assignment. The license covers all results of services provided to the User within the framework of 1 (one) Technical Assignment agreed by the Parties.

3. RESPONSIBILITIES OF PARTIES

3.1.DZHIM STUDIO shall:

3.1.1. Provide services on one's own, using own equipment, in accordance with the agreed Technical Assignment. Creatively approach the provision of services and, if necessary, offer the user the best solutions from the point of view of DZHIM STUDIO.

3.1.2. Upon the provision of services, transfer the results of their provision, as well as, if applicable, exclusive rights to use such results under the Acceptance and Transfer Act (hereinafter - the Act). The Act is compiled by DZHIM STUDIO unilaterally within 5 (five) working days from the date of User's notification about the readiness of service results for acceptance.

3.1.3. Do not use images (parts of images) of third parties without the rights to use them received in the established manner, and do not violate the rights of third parties in any other way.

3.1.4. Provide services in the terms established by the Parties, specified in the Technical Assignment to this Contract. When fulfilling obligations undertaken in accordance with this Contract, DZHIM STUDIO shall deviate from the instructions of the User, if this is necessary in the interests of the User due to the circumstances.

3.1.5. Transfer service results in accordance with the procedure established by this Contract.

3.2. The User shall:

3.2.1. Create a personal account on the Site.

3.2.2. Agree Technical Assignments within 2 (two) working days from the date of their sending to DZHIM STUDIO. If the directed Technical Assignment is not agreed, the User's order is considered to be canceled, and DZHIM STUDIO does not start rendering services in accordance with such Technical Assignment.

3.2.3. Pay the cost of ordered services to be provided by DZHIM STUDIO. Until the payment receipt in full, DZHIM STUDIO has the right not to start providing services under this Contract.

3.2.4. To assist DZHIM STUDIO in the process of rendering services under this Contract by promptly providing documents, materials requested by DZHIM STUDIO, as well as complete and up-to-date information required by DZHIM STUDIO for rendering services under this Contract. Without a delay, accept from DZHIM STUDIO everything performed by the company in accordance with this Contract. From the moment of sending DZHIM STUDIO messages on the readiness of service results for the acceptance, the User has to accept the service result within 3 (three) working days and confirm the absence of any claims to the quality of services provided by DZHIM STUDIO. In the absence of such confirmation by the User during the period specified in this clause, the services are deemed to be rendered properly, and the service result is deemed to be accepted.

4. COST OF SERVICES AND SETTLEMENT PROCEDURE

4.1. The cost of each individual service under this Contract is calculated and agreed by the Parties prior to the commencement of works on an individual basis, based on the scope, complexity and other characteristics of services to be provided and is indicated in the relevant Technical Assignment. The cost of services is calculated on the basis of the hourly rate of the specialist of DZHIM STUDIO, which is 30 (thirty) US dollars excluding VAT (in accordance with Chapter 34 of the Tax Code of the Republic of Belarus).

4.2. The service provision under this Contract shall be paid consecutively in the following order:

4.2.1. Creation of a sketch as a part of the image creation service is paid in the amount of 100% advance payment in the amount indicated in the invoice issued by DZHIM STUDIO in the User's personal account;

4.2.2. Development of vector graphics (design services) based on the sketch created or provided by the User is paid in the amount of 100% advance payment in the amount indicated in the invoice issued by DZHIM STUDIO in the User's personal account;

4.2.3. If it is necessary to obtain services in a shorter period than those specified in the Technical Assignment or if it is necessary to obtain services beyond the services provided by DZHIM STUDIO, the User shall pay an additional fee of 100% advance payment in the amount indicated in the invoice, issued by DZHIM STUDIO in the User's personal account.

4.3. If the invoice is not paid by the User within 15 (fifteen) calendar days from the date of its issue, the User's order and Technical Assignment will deemed to be canceled, and DZHIM STUDIO will not start providing services.

4.4. If the sketch is created, the cost of services paid to DZHIM STUDIO and provided for in clause 4.2.1 of the Contract shall not be returned to the User, unless otherwise expressly indicated by DZHIM STUDIO, including in case of the Contract termination due to any applicable reason, in particular if the User refuses to pay for further services to be rendered. In this case, the User's refusal to pay for further services to be rendered is considered to be a User's refusal to perform this Contract and this Contract is considered to be terminated from the moment of such refusal.

4.5. All payments under this Contract are made in the manner described on the Site.

4.6. The payment date is the date of transfer of funds to the bank account of DZHIM STUDIO.

5. SERVICE ACCEPTANCE AND TRANSFER

5.1. Services rendered must comply with specifications specified in the Technical Assignment. DZHIM STUDIO guarantees the high quality of services provided.

5.2. The Act and service results are transferred to the User in the electronic form to the e-mail address of the User indicated in the personal account or become available for download by the User on the project page. The date of availability of service results is the date of placement of files containing service results on the project page or date of sending files to the User by e-mail.

5.3. From the end of rendering services provided for by the relevant Technical Assignment DZHIM STUDIO sends a notice to the User about the readiness of service results for acceptance. Within 3 (three) working days from the date of receipt of this notice, the User shall accept service results and confirms the absence of any claims to the quality of services provided by DZHIM STUDIO. In the absence of such confirmation by the User during the period specified in this clause, the services are deemed to be rendered properly, and service results are deemed to be accepted.

5.4. If there are any drawbacks in the service results at their acceptance, the User shall notify DZHIM STUDIO on this fact within 3 (three) working days from the date of receipt of the notice on the readiness of service results for acceptance, indicating the drawbacks detected. The discovered drawbacks resulting from the improper performance of obligations under this Contract by DZHIM STUDIO shall be eliminated by DZHIM STUDIO at its own expense during the period agreed upon by the Parties.

5.5. Within 5 (five) working days from the date of sending a notice on the readiness of service results for acceptance to the User, DZHIM STUDIO shall unilaterally draw up the Act. The Act contains information about the services actually provided to the User (referring to the Technical Assignment), as well as information on the cost of services rendered.

5.6. The introduction of amendments to the finished service results that are not adjustments to the drawbacks at the request of the User refer to additional services that are additionally valued, agreed with the User and paid in excess of the cost established for the already completed service results.

5.7. If there is a dispute between the Parties about the drawbacks of services rendered or their causes, an expert examination (subject to confidentiality requirements) should be assigned at the request of either Party. The costs for the examination shall be borne by the Party initiating the examination. If the examination determines the absence of violations by DZHIM STUDIO or causal connection between the actions of DZHIM STUDIO and discovered drawbacks, the cost of examination shall be borne by the User, even if DZHIM STUDIO was the initiator of the examination.

6. CONTRACT AMENDMENT AND TERMINATION

6.1. DZHIM STUDIO may from time to time unilaterally revise the terms and conditions of this Contract and bring such changes to the attention of the User.

6.2. The User may at any time during the validity period of the Contract withdraw from the Contract under the unilateral and extrajudicial procedure by sending a corresponding notice to DZHIM STUDIO. A withdrawal shall be deemed to have been committed upon the receipt of such notice by DZHIM STUDIO. In case of such withdrawal, the cost of actual services provided by DZHIM STUDIO is not returned to the User, unless otherwise directly specified by DZHIM STUDIO.

6.3. If the User withdraws from the Contract prior to the commencement of service provision by DZHIM STUDIO, the advance payment for the services provided may be returned provided that not more than 5 (five) banking days have elapsed since the receipt of such advance payment by DZHIM STUDIO and that DZHIM STUDIO has not begun providing services and, as a result, did not incur expenses in connection with their provision.

6.4. DZHIM STUDIO shall have the right to withdraw from the Contract provided that the User receives the advance payment in excess of the cost of services actually rendered by the time of such withdrawal.

6.5. In case of the termination of this Contract until the User's acceptance of service results, the User has the right to demand the transfer of available services to him/her (provided that the User has paid for the appropriate license, when applicable).

7. LIABILITY OF PARTIES AND DISPUTE SETTLEMENT

7.1. A party that has not fulfilled or improperly fulfilled its obligations under this Contract shall be obliged to reimburse the other party for the losses caused by such non-fulfillment in accordance with the legislation of the Republic of Belarus.

7.2. DZHIM STUDIO shall be liable:

- for the terms of rendering services;

- for the quality of rendering services.

If the drawbacks in the services provided determined by the User have not been eliminated within the reasonable period or are unrecoverable, the User has the right to withdraw from the Contract. If the User withdraws from the Contract, he/she does not lose the right to return the advance payment previously paid.

7.3. The recovery of penalties under this Contract does not exempt the Party having committed the violation from the necessity to actually perform the obligations under the Contract.

7.4. In cases not provided for in this Contract, the liability of the Parties shall be determined in accordance with the legislation of the Republic of Belarus.

7.5. Any disputes or disagreements arising in connection with the terms and conditions of this Contract, terms of applicable Technical Assignment, are subject to settlement under the claim procedure. The period for the consideration of the claim by the Party is 15 (fifteen) calendar days from the date of its receipt. In case of the impossibility to settle the dispute under the claim procedure, it shall be submitted for the consideration to the state court at the location of DZHIM STUDIO in accordance with the procedural legislation of the Republic of Belarus. Applicable law with respect to the provisions and conditions of this Contract, terms of the applicable Technical Assignment is the substantive law of the Republic of Belarus (except for its conflict rules).

8. FINAL PROVISIONS

8.1. Accepting the terms and conditions of this Contract, the User confirms his/her consent that the Site may contain links to any third-party site that is not controlled by DZHIM STUDIO. However, DZHIM STUDIO does not give any guarantees of any kind both express or implied, and assumes no material liability for the content of such third-party sites, including liability for their operability and availability at any time.

8.2. Electronic correspondence of the Parties related to the implementation of provisions and conditions of this Contract is valid and can be used as evidence in the court.

8.3. For the purposes of the electronic correspondence specified in clause 8.2 above, all electronic correspondence coming from DZHIM STUDIO shall be deemed proper if it was sent from the following e-mail address: custom@dgim-studio.com. In respect of the User, all outgoing electronic correspondence is deemed proper if it is sent from the e-mail address specified in the User's personal account. Each Party is solely liable for the proper receipt of incoming electronic correspondence and carries the risk of non-delivery of outgoing electronic correspondence.

8.4. The terms and conditions of this Contract are applicable to the relations of the Parties during the entire period of rendering services by DZHIM STUDIO under the User's orders in accordance with the terms of this Contract and applicable Technical Assignment.

9. CONTACT DETAILS OF DZHIM STUDIO

DZHIM STUDIO Limited Liability Company

Address: 29 Pritytskogo St., office 60, Minsk , 220092

e-mail: custom@dgim-studio.com

Previous versions of this Contract: Absent.