1. General Provisions
1.1 This Agreement, by way of a public offer, is proposed for conclusion with any legal or natural person who has expressed willingness to acquire the right to use audiovisual works (hereinafter referred to as the Agreement - WUA) of the LICENSOR, and who has accepted the terms of this offer, hereinafter referred to as the LICENSEE.
1.2 The agreement concluded by accepting this offer is governed by the norms of civil law on the accession agreement. The terms of the Agreement are defined by the LICENSOR in this offer and can be accepted by any person only by joining the proposed Agreement as a whole.
1.3 By entering into this Agreement, the LICENSEE understands the significance of his actions and is able to manage them, is not under the influence of delusion, deceit, violence, threats. The Agreement is concluded by the LICENSEE voluntarily, with a preliminary full familiarization with the terms of this Public Offer Agreement, the contents of which are clear to the LICENSEE. If the LICENSEE did not have the appropriate authority at the time of accepting the public offer on behalf of the legal entity, then he, as an individual, assumes full responsibility for the execution of this public offer.
1.4 The LICENSOR has the right at any time, at its discretion, to change the terms of the public offer (this Agreement) or withdraw it. Changes to the terms of this Agreement come into force from the moment they are posted on the Internet telecommunications network at: https://globinterconsulting.com/terms, unless a different period is specified by the LICENSOR upon such placement.
1.5 Amendments to this Agreement in accordance with clause 1.4 must not in any way violate the rights and / or worsen the position of the LICENSEE.
2. Terms and definitions
2.1. Agreement - this public offer agreement published on the Internet telecommunications network, as well as sent, if necessary, for review through any type of electronic communication, as well as provided for review by any other means.
2.2. Software (hereinafter referred to as Software) is a specialized browser for browsing the pages of the telecommunications Internet network (Internet Explorer, FireFox, Google Chrome and similar browsers) for accessing information resources and other programs for processing the information provided.
2.3. Site - a set of information, texts, graphic elements, design, images, photos and videos, other results of intellectual activity, as well as computer programs owned by the Contractor, reflected in the form of pages of the telecommunications Internet network, at network addresses and their subdomain names: https://globinterconsulting.com
2.4. Site visitor - a person who has gone to the page of the Site without the purpose of receiving a service.
2.5. User, Licensee - a person who has gone to the page of the Site and accepts the terms of this Offer, who wishes to pay remuneration under the license agreement offered on the LICENSOR's Site.
2.6. A work is the result of the intellectual activity of the author (or another person who gives consent to the use of his work) - protected results of intellectual activity created by the author (including their parts and fragments of any duration) posted on the Site.
2.7. Image - a photographic work or a work obtained in a manner analogous to photography; a work of fine art, any graphic design, a reduced copy of which is contained in the relevant annex to the Agreement
2.8. The right to the WUA - the right to use the Works, and / or the WUA,
and / or Images under a non-exclusive license in the ways indicated below within the period and in the territory established by the agreement, which means the right to exercise independently in relation to the Works (both in full, and their parts and / or fragments of any duration), as in the original , and in a technically processed form (including in the form of Mobile Content) within the territory of the whole world and for a limited period established by this Agreement. The LICENSOR refers to the specified methods of using the license right under this agreement - viewing the WUA personally using a computer or other means solely for personal needs without the right to copy and distribute, as an individual, or when concluding the Agreement by a legal entity - for the purposes of training the organization's personnel or other purposes without the right to commercial use of the content and its copying and other types of distribution. WUA viewing can be carried out an unlimited number of times during the period established by the Agreement.
WUAs hosted on the Contractor's resources have specialized tracing software protection tools that allow tracking any attempts of illegal copying and distribution of materials, in connection with which, the Customer is warned of liability for any illegal actions with the Contractor's right to apply to law enforcement agencies with simultaneous transmission of the results of tracing program data, indicating a specific address fixed automatically by the system.
3. Subject of the contract
3.1. The subject of this Agreement is the provision by the LICENSOR of the right to use audiovisual works to the LICENSEE under the terms of a simple (non-exclusive) license in accordance with their purpose. The LICENSOR may also provide the LICENSEE with additional services that the LICENSOR provides in the course of its activities, in case the LICENSEE pays the invoice issued for such services.
3.2. The granting of the right to use the WUA is carried out by the LICENSOR by providing the LICENSEE with access to the WUA, issuing a login and password that allows using the WUA through the LICENSOR's website.
3.3. After the start of using the WUA, the transferred rights are not subject to return and exchange.
4. Guarantees and exclusive right
4.1. The exclusive copyright and property right to the WUA belongs to the LICENSOR on the basis of the law.
The non-exclusive right (a simple (non-exclusive) license) and the property right of the LICENSOR are provided by the relevant agreement.
4.2. The LICENSOR guarantees that the right to use (a simple (non-exclusive) license) for the WUA, transferred by the LICENSOR to the LICENSEE under this Agreement, remains valid for the entire period provided for by the Agreement.
4.3. The LICENSOR confirms that at the time of transferring the right to use (a simple (non-exclusive) license) to the WUA to the LICENSEE, he is its legal and lawful owner (possessor), and the specified right to use (a simple (non-exclusive) license) is not pledged, not arrested, not subject to third party claims.
4.4. The LICENSOR guarantees non-disclosure of confidential information that became known to him as a result of the conclusion or execution of this Agreement. Information about the fact of using the WUA by the LICENSEE is not confidential.
4.5. The right to use the WUA is granted under a non-exclusive license not only to the LICENSEE.
4.6. The LICENSOR guarantees the functionality of the Site and access to the WUA. In case of detection of errors in the operation of the Site or errors in reproduction, WUA guarantees their elimination.
4.7. The LICENSOR confirms that he has all the rights necessary for the implementation of this type of activity.
5. Rights and obligations of the Parties
5.1. Obligations of the LICENSOR:
5.1.1. Provide the LICENSEE with access to the WUA by issuing a login and password to the closed part of the LICENSOR's Website, in which the WUA is located 24 hours before the deadline indicated on the page (website) for the sale of the relevant Service.
5.1.2. Ensure timely operation of the Site.
5.1.3. Ensure round-the-clock availability of the WUA, except for the time of carrying out preventive maintenance on the Site, which restricts access to the WUA. These preventive works can be carried out in total for no more than 72 hours, for which the license can be extended.
5.2. Rights of the LICENSOR:
5.2.1. Make the necessary changes and additions to the WUA without the consent of the LICENSEE in order to improve the content of the WUA.
5.2.2. Make changes to this Agreement without the consent of the LICENSEE by publishing the text of the Agreement on the Site. In general, the changes come into force from the moment the Agreement is published on the website, or later, from the date specified in the Agreement. Amendments and additions made to the Agreement in connection with a change in legislative and regulatory regulation shall enter into force simultaneously with the entry into force of amendments to the said legislative acts.
5.2.3. Conclude any agreements with third parties on granting the right to use WUAs,including on terms similar to the terms of this Agreement.
5.2.4. The LICENSOR has the right to engage third parties to fulfill its obligations under this Agreement.
5.2.5. The LICENSOR has the right to include the LICENSEE's e-mail addresses in the newsletters without prior notice to the LICENSEE, while the LICENSEE may refuse to mail the mailings by sending the LICENSOR a corresponding request.
Information about the fact of cooperation with the LICENSEE is not confidential and can be used by the LICENSOR for advertising purposes, in the case of a license issued to a legal entity, when realizing the license to an individual, the consent is considered received from the moment the corresponding mark of consent is affixed in the license payment form posted on the LICENSOR's website .
5.3. Obligations of the LICENSEE:
5.3.1. Pay the license fee to the LICENSOR, as well as the Additional Services provided by the LICENSOR in the manner and within the time limits set forth in Section 7 of this Agreement.
5.3.2. Fully familiarize yourself with the provisions of this Agreement.
5.3.3. Independently provide yourself with access to the Internet to be able to access the closed part of the LICENSOR's website, and use the WUA content in the specified part.
5.3.4. Do not transfer to third parties without the consent of the LICENSE, access to the WUA.
5.3.5 Monitor possible changes to this Agreement on the LICENSOR's website.
5.4. Rights of the LICENSEE:
5.4.1. Receive round-the-clock access to the WUA, except for the time of preventive maintenance specified in 5.1.3. of this Agreement, restricting access to the WUA for the purpose of using the WUA for its intended purpose.
5.4.2. Make proposals to the LICENSOR on its activities.
6. Territory and duration
6.1. This Agreement is valid throughout the world.
6.2. This Agreement shall enter into force from the moment the LICENSEE fully and unconditionally accepts the Agreement (public offer) and is valid for the period established by the Tariff, which depends on the time of use of the WUA and the amount of WUA content. The cost of the Tariff is posted on the website of the LICENSOR.
6.3 In case of violation by the LICENSEE of the terms of this Agreement, including violation of license rights, the LICENSOR has the right to terminate the Agreement ahead of schedule and immediately block access to the WUA without refund, by notifying the LICENSEE in writing.
6.4. The site from which the sale of the LICENSOR's Services or the direct provision of such Services is carried out contains the results of intellectual activity belonging to the LICENSOR, its affiliates and other related parties, representatives, all other persons acting on behalf of the LICENSOR.
By using the LICENSOR's Site, the LICENSEE acknowledges and agrees that the entire content of the site(s) and the structure of its contents are protected by copyright, trademark right and other intellectual property rights, and that these rights are valid and protected in all forms, in all media and in relation to all technologies, both currently existing and developed or created subsequently. No rights to any content of the LICENSOR's website, including, but not limited to, audiovisual works, text and graphic materials, computer programs, trademarks, do not pass to the LICENSEE as a result of using the website and entering into this agreement.
When quoting materials from the LICENSOR's website, the LICENSEE undertakes to indicate a link to such a website.
6.6. Early termination of this Agreement does not release the LICENSEE from the obligation to pay the license fee specified in section 7 of this Agreement.
7. The procedure for calculating the license fee and transfer of rights
7.1. For the right to use the WUA, the LICENSEE pays the LICENSOR a license fee, which is provided for by the selected Tariff. The tariff depends on the volume of WUA content and the time of access to it. The tariff is chosen by the LICENSEE when filling out an application/form posted on the LICENSEE's website.
Additional services rendered by the LICENSOR shall be paid separately by the LICENSEE.
7.2. Payment of the license fee is made by the LICENSEE before the LICENSOR grants access to the WUA.
7.3. The LICENSEE is obliged to pay the invoice issued by the LICENSOR within 5 working days from the date of its receipt by transferring 100% of the amount indicated in the invoice to the current account of the LICENSOR.
7.4. Granting the right to use the WUA for a legal entity is fixed by an act of acceptance and transfer.
7.5. If the LICENSEE is a legal entity, within 5 (five) working days from the date of receipt of the acceptance certificate, did not declare in writing a reasoned refusal to sign the acceptance certificate, then the transferred right to use (simple (non-exclusive) license) of the WUA is recognized as accepted by the LICENSEE .
8. Responsibility
8.1. The Parties are released from liability for partial or complete failure to fulfill obligations under this Agreement, if it was the result of force majeure circumstances. Force majeure means unforeseen, inevitable and insurmountable for the Parties events of an emergency nature (fire, flood and other natural disasters) that have arisen after the conclusion of this Agreement, as well as decisions and orders of the Government that are binding on at least one of the Parties, making this Agreement unenforceable . If the impossibility of full or partial fulfillment of obligations exists for more than two months, then either Party will have the right to terminate this Agreement in whole or in part after the fulfillment of financial obligations to the other Party.
8.4. The LICENSOR is not responsible for direct or indirect losses, including lost profits, resulting from the use of the WUA, in terms of the LICENSEE's erroneous interpretation of the information received from the use of the WUA content, as well as in the course of providing Additional Services.
8.5. The LICENSOR is not responsible for the impossibility of using the WUA, as well as for the impossibility of providing Additional Services that arose through no fault of the LICENSOR.
9. Additional terms
9.1. The Parties undertake to inform each other within 3 (three) calendar days about changes in their details specified in this Agreement and possible, as well as about any decisions regarding their liquidation, reorganization as a legal entity, the circumstances of the impossibility of using the WUA as an individual. In case of non-fulfillment of the specified obligation by one of the Parties, the other Party shall not be liable for the consequences caused by such non-fulfillment.
9.3. The LICENSEE has the right to refuse to accept changes and additions to the Agreement, which means the LICENSEE's refusal to use the WUA.
9.4. The Parties have the right to conclude a separate License Agreement on terms that differ from the terms of this Agreement.
PT Global International Consulting
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