Public offer contract
This Offer Agreement (hereinafter referred to as "Offer") is a public proposal by the service website https://www.20-testers.com (hereinafter referred to as "Executor") to legal entities and individuals (hereinafter referred to as "Customer") for entering into an Agreement for the provision of mobile application testing services in the Google Play Store.
The proposal to sign the Agreement is addressed to an unlimited number of individuals and legal entities (hereinafter – "Customer"). The relationship between the parties is regulated by this Agreement.
1.2. Public Offer – a proposal by the Executor (posted on the Executor's Website), addressed to an unlimited number of individuals, to conclude this Agreement on certain terms.
1.3. Executor's Website – an Internet web page at https://www.20-testers.com, which is the official source of informing the Customer about the Executor and the services provided.
1.4. Acceptance – the full, unconditional, and undisputed acceptance by the Customer of the terms of this Agreement's Public Offer and the respective Product program.
1.5. Customer – an individual who has made the Acceptance of the Executor's Public Offer outlined in this Agreement and has paid for the Services.
1.6. Parties – Executor and Customer.
1.7. Product – a set of actions and services provided solely to fulfill the conditions defined by Google Play Console for the testing stage of the mobile application by 20 individuals.
2.2. The Executor undertakes not to use the data provided by the Customer (email, URLs, comments) for marketing and commercial purposes, not to transfer them to third parties, except as provided by Ukrainian law, and also in cases required for providing the testing service.
2.3. No claims regarding the testing process and its results can be made against the Executor.
3.2. The Executor reserves the right to refuse to provide services without explaining the reasons.
3.3. Acceptance of this Agreement is considered the Customer's payment, full or partial, of the respective Product's cost and means the Customer's full and unconditional acceptance of the terms of this Agreement, equivalent to the Customer's signature on the Agreement.
3.4. From the moment of crediting funds on this account, this offer is considered accepted, and the contract concluded.
3.5 Procedure for acceptance:
3.5.1. The Customer selects a Product on the Executor's website and familiarizes themselves with the payment terms.
3.5.2. The Customer places a request for consultation or immediately makes a payment.
3.5.3. The Customer receives a list of testers, which will be sent to the email address provided by the Customer during the purchase of the Product.
3.5.4. The Customer is obliged to add the email addresses of the testers only to the test mobile application specified during the ordering of the Service-Product.
3.5.5. The Customer is obliged to inform the Executor that all testers have been added to the list of approved testers for the specific mobile application within Google Play Console. Only after this can testing be allowed by Google and started by the Executor.
3.5.6. From the moment of acceptance of this Offer, unilateral withdrawal from the Agreement by the Customer is not allowed unless otherwise provided by the Product program.
3.5.7. The service is considered provided from the moment 14 days have passed after all the testers from the list provided by the Executor were approved by Google as participants in the testing of the specific mobile application (the link to which was provided by the Customer during the order of the Product).
5.2. The Executor is not responsible for:
5.2.1. the impossibility of providing services for reasons beyond their control, including force majeure, communication line failures, military actions, malfunction of equipment and software not owned by the Executor;
5.2.2. security breaches of equipment and software used by the Customer to receive services;
5.2.3. loss of confidential information or its part if it is not the fault of the Executor;
5.2.4. any damages to third parties that arose due to the fault of the Executor.
5.2.5. if the Customer did not fulfill their necessary part of obligations, namely payment, providing a single link to a specific mobile application in GooglePlay Store for testing, and not adding all 20(twenty) testers to the allowed list of this application.
5.3. The Customer is responsible for:
5.3.1. the use of account data by third parties, which are used to gain access to the Product;
5.3.2. the use of materials posted on the site or provided in the process of service provision for the purpose of their further resale, distribution, or transfer to third parties;
5.3.3. violation of the terms of service use;
5.3.4. violation of payment terms;
5.3.5. interference in the operation of the website and available services or attempts to gain access to them bypassing the Executor's instructions.
5.4. Executor's Liability Limitation:
5.4.1. the total liability of the Executor for any claim or complaint is limited to the amount of the purchased service;
5.4.2. in case of breach of service provision terms by the Executor, the Executor's liability is limited exclusively to the extension of service provision terms or providing services at new terms until the obligations are fulfilled.
6.2. This Offer is valid until it is removed from publication on the Executor's website.
6.3. The Executor has the right to change the terms of this Offer at any time without prior notice to the Customers.
6.4. All disputes arising during the execution of this Agreement are resolved by the parties through negotiations.
6.5. By concluding the Agreement on the terms of this Offer, the Customer consents to the processing of their personal data by the Executor, namely, to carry out, including, such actions: collection, systematization, accumulation, storage, clarification (updating, changing), use for the purpose of providing informational services and their payment. These actions may be carried out using automation means.
The proposal to sign the Agreement is addressed to an unlimited number of individuals and legal entities (hereinafter – "Customer"). The relationship between the parties is regulated by this Agreement.
1. Terms and General Provisions
1.1. Services – a set of testing services and/or other services provided by the Executor under the terms and conditions defined by this Agreement, and which are provided solely to fulfill the conditions defined by Google Play Console for the testing stage of the mobile application by 20 individuals.1.2. Public Offer – a proposal by the Executor (posted on the Executor's Website), addressed to an unlimited number of individuals, to conclude this Agreement on certain terms.
1.3. Executor's Website – an Internet web page at https://www.20-testers.com, which is the official source of informing the Customer about the Executor and the services provided.
1.4. Acceptance – the full, unconditional, and undisputed acceptance by the Customer of the terms of this Agreement's Public Offer and the respective Product program.
1.5. Customer – an individual who has made the Acceptance of the Executor's Public Offer outlined in this Agreement and has paid for the Services.
1.6. Parties – Executor and Customer.
1.7. Product – a set of actions and services provided solely to fulfill the conditions defined by Google Play Console for the testing stage of the mobile application by 20 individuals.
Subject of the Offer
The Executor undertakes to provide mobile application testing services, and the Customer undertakes to accept and pay for these services in accordance with the terms of this Offer.2. Rights and Obligations of the Parties
2.1. The Customer undertakes to provide the Executor with all necessary information required for the provision of services.2.2. The Executor undertakes not to use the data provided by the Customer (email, URLs, comments) for marketing and commercial purposes, not to transfer them to third parties, except as provided by Ukrainian law, and also in cases required for providing the testing service.
2.3. No claims regarding the testing process and its results can be made against the Executor.
3. Terms of Service Provision
3.1. Ordering services and transferring the necessary data imply the Customer's agreement with all the terms of this Offer.3.2. The Executor reserves the right to refuse to provide services without explaining the reasons.
3.3. Acceptance of this Agreement is considered the Customer's payment, full or partial, of the respective Product's cost and means the Customer's full and unconditional acceptance of the terms of this Agreement, equivalent to the Customer's signature on the Agreement.
3.4. From the moment of crediting funds on this account, this offer is considered accepted, and the contract concluded.
3.5 Procedure for acceptance:
3.5.1. The Customer selects a Product on the Executor's website and familiarizes themselves with the payment terms.
3.5.2. The Customer places a request for consultation or immediately makes a payment.
3.5.3. The Customer receives a list of testers, which will be sent to the email address provided by the Customer during the purchase of the Product.
3.5.4. The Customer is obliged to add the email addresses of the testers only to the test mobile application specified during the ordering of the Service-Product.
3.5.5. The Customer is obliged to inform the Executor that all testers have been added to the list of approved testers for the specific mobile application within Google Play Console. Only after this can testing be allowed by Google and started by the Executor.
3.5.6. From the moment of acceptance of this Offer, unilateral withdrawal from the Agreement by the Customer is not allowed unless otherwise provided by the Product program.
3.5.7. The service is considered provided from the moment 14 days have passed after all the testers from the list provided by the Executor were approved by Google as participants in the testing of the specific mobile application (the link to which was provided by the Customer during the order of the Product).
4. Disclaimer of Claims
4.1. The Customer agrees that in case of dissatisfaction with the quality of the provided services, they do not have the right to initiate legal proceedings against the Executor.5. Parties' Responsibility
5.1. In case of breach of obligations, providing false information during the conclusion or in the process of executing the Agreement, the parties bear responsibility.5.2. The Executor is not responsible for:
5.2.1. the impossibility of providing services for reasons beyond their control, including force majeure, communication line failures, military actions, malfunction of equipment and software not owned by the Executor;
5.2.2. security breaches of equipment and software used by the Customer to receive services;
5.2.3. loss of confidential information or its part if it is not the fault of the Executor;
5.2.4. any damages to third parties that arose due to the fault of the Executor.
5.2.5. if the Customer did not fulfill their necessary part of obligations, namely payment, providing a single link to a specific mobile application in GooglePlay Store for testing, and not adding all 20(twenty) testers to the allowed list of this application.
5.3. The Customer is responsible for:
5.3.1. the use of account data by third parties, which are used to gain access to the Product;
5.3.2. the use of materials posted on the site or provided in the process of service provision for the purpose of their further resale, distribution, or transfer to third parties;
5.3.3. violation of the terms of service use;
5.3.4. violation of payment terms;
5.3.5. interference in the operation of the website and available services or attempts to gain access to them bypassing the Executor's instructions.
5.4. Executor's Liability Limitation:
5.4.1. the total liability of the Executor for any claim or complaint is limited to the amount of the purchased service;
5.4.2. in case of breach of service provision terms by the Executor, the Executor's liability is limited exclusively to the extension of service provision terms or providing services at new terms until the obligations are fulfilled.
6. Final Provisions
6.1. The Offer becomes effective from the moment it is published on the Executor's website.6.2. This Offer is valid until it is removed from publication on the Executor's website.
6.3. The Executor has the right to change the terms of this Offer at any time without prior notice to the Customers.
6.4. All disputes arising during the execution of this Agreement are resolved by the parties through negotiations.
6.5. By concluding the Agreement on the terms of this Offer, the Customer consents to the processing of their personal data by the Executor, namely, to carry out, including, such actions: collection, systematization, accumulation, storage, clarification (updating, changing), use for the purpose of providing informational services and their payment. These actions may be carried out using automation means.
