Public offer

Terms of Service Agreement
Foxy-IT Terms of Service (Public Offer)

This document constitutes a legally binding Terms of Service Agreement (“Agreement”) between the service provider and the customer. The service “Foxy-IT,” hereinafter referred to as the “Provider,” offers social media promotion and advertising services to any legal entity or individual who expresses a desire to use the Provider’s services and accepts the terms of this Agreement (offer), hereinafter referred to as the “Customer,” through the website at: https://foxy-it.com. By accepting the terms outlined below and paying for services, the legal entity or individual accepting this offer becomes the Customer, and the Provider and Customer together become the Parties to this Agreement.

General Provisions

1.1. In connection with the above, please read the text of this public offer and review the service price list carefully. If you disagree with any point of this offer, the Provider suggests you refrain from using the services.
1.2. This Agreement, as a public offer, becomes effective upon its publication on the Internet at: https://foxy-it.com/public-offer/ and remains in force until withdrawn by the Provider.

1.3. Acceptance (unconditional agreement) of the terms of this public offer (the moment of concluding the Agreement) is considered to be the fact of the Customer’s payment for the services provided by the Provider under the terms of this Agreement, in the absence of an explicitly expressed written agreement of the Parties to the contrary.

1.4. By accepting this public offer in the manner defined in clause 1.3. of this Agreement, the Customer agrees to all the terms of the Agreement as they are set forth in the text of this Agreement and is considered to have entered into a contractual relationship with the Provider on the basis of this public offer Agreement.

1.5. The Provider renders social media promotion, advertising, and PC repair services (hereinafter — Services). The description and cost of these services are published on the Internet at: https://foxy-it.com, and the procedure for their provision and payment is specified in this Agreement-offer (hereinafter – Agreement).

1.6. By entering into this Agreement, the Customer understands the significance of their actions and is capable of managing them, is not under the influence of mistake, fraud, violence, or threat. The Agreement is entered into by the Customer voluntarily, with prior full familiarization with the terms of this Agreement-offer, the content of which is clear to the Customer. If the Customer did not have the appropriate authority at the time of accepting the public offer on behalf of a legal entity, then they, as an individual, assume full responsibility for the execution of this public offer.

1.7. The Provider has the right at any time, at its sole discretion, to change the terms of the public offer (this Agreement) or withdraw it. If the Provider changes the terms of this Agreement, the changes take effect from the moment the amended terms are published on the Internet at: https://foxy-it.com/public-offer/, unless a different date is specified by the Provider upon such publication. The Customer agrees and acknowledges that making changes to this Agreement entails making these changes to the agreement concluded in accordance with clause 1.3. of this Agreement and in force between the Customer and the Provider, unless otherwise determined by the Provider when making changes to this Agreement.

1.8. The Provider has the right to unilaterally change the Price List and the terms of this public offer at any time without prior agreement with the Customer, ensuring the publication of the changed terms on the Internet resource at: https://foxy-it.com at least one day before they come into effect.

2. Parties and Definitions

2.1. Parties – The Provider and the Customer.
2.2. Provider — The entity providing social media promotion and advertising services through the Website on the Internet at: https://foxy-it.com. The Provider is one of the parties to this Agreement-offer.

2.3. Customer — The entity that has accepted the offer and thus becomes the Customer of the Provider’s services under the concluded Agreement-offer. The Customer is one of the parties to this Agreement-offer.

2.4. Agreement-offer — An agreement between the Provider and the Customer for the provision of social media promotion and advertising services, concluded by acceptance of the offer. The Agreement-offer is published on the Internet at: https://foxy-it.com/accept.

2.5. Acceptance of the offer — Full and unconditional acceptance of the offer by the Customer performing the actions specified in clause 4.4. of this offer. Acceptance of the offer creates the Agreement-offer.

2.6. Service – The entirety of all services provided to the Customer using the Website at: https://foxy-it.com.

2.7. Services — A set of technical functions provided to the Customer as part of a paid purchase of promotion, engagement boosting, advertising, and PC repair services. This includes services aimed at attracting followers, likes, shares, comments, etc., to the Customer’s social media accounts. The scope and quality of services provided may be changed by the Service unilaterally without prior or subsequent notice to the Customer.

2.8. Website — The “Foxy-IT” Service providing online social media promotion, SMM, SEO, PR, and other internet services, located at: https://foxy-it.com.

2.9. Price List — A systematic list of the Provider’s services with prices, published on the Internet resource at: https://foxy-it.com

Subject of the Agreement

3.1. The subject of this offer is to provide the Customer with social media promotion and advertising services in accordance with the terms of this offer and the Provider’s current price list.
3.2. The list of social media promotion services is provided on the website https://foxy-it.com, which is an integral part of this offer.

3.3. The Provider undertakes to provide the Customer with services within the list and deadlines established by the offer, and the Customer undertakes to accept and pay for these services.

4.3. Based on the received order, the Provider automatically issues an electronic invoice (receipt) to the Customer for payment of the selected service.

4.4. The Customer transfers funds by paying in any way through the payment gateway provided by the Provider’s partners.

4.5. After the Customer pays the invoice and the funds are credited, the Agreement-offer comes into force.

4.6. Within no more than 20 business days from the moment of acceptance of the offer and payment, the Provider ensures the provision of services to the Customer in accordance with their order. The specific completion time is individual.

4.7. Refunds from the Customer’s balance on the website are not provided. By topping up the balance, the Customer agrees and is aware of this clause.

4.8. Service delivery times may be extended by the Provider, and at the Provider’s discretion, the Customer may be notified of this.

4.9. Approximate timeframes are indicated for the service, which may be changed at the Provider’s discretion.

4.10. The Provider makes every effort to ensure high-quality and uninterrupted provision of services to the Customer in accordance with the service price list.

Refund Policy

5.1. The Customer can purchase services/goods on the Website by paying in the following ways: bank card, credit card, electronic money, from a mobile operator account. The payment method chosen by the Customer cannot be changed after placing the order on the Website. 5.2. The Provider is not responsible for any possible reversal of completed work by third parties and is not obligated to refund money. Even in case of reversal by third parties, the service is considered fully rendered.
5.3. Refunds are not provided if the order could not be completed due to the Customer’s fault, for example, if the Customer’s published content violated social media platform rules or applicable law.

Rights and Obligations of the Parties

6.1. Under this Agreement, the Provider undertakes to provide the Customer with the set of Services specified in the Customer’s order and/or the invoice paid by the Customer, and the Customer undertakes to accept and pay for them in accordance with the terms of this Agreement. 6.2. The Customer is obliged to independently review the current version of this Agreement, posted on the Provider’s website on the Internet ( https://foxy-it.com/public-offer/).
6.3. For failure to perform or improper performance of obligations under this public offer, the Parties are liable in accordance with applicable law. The Agreement comes into force from the moment of acceptance of the offer and is valid until the Parties fulfill their obligations. All disputes and disagreements are resolved through negotiations between the Parties. The term for consideration of claims is 30 days.

Dispute Resolution Procedure

7.1. All disputes, disagreements, and claims that may arise in connection with the execution, termination, or invalidation of the Agreement, the Parties will attempt to resolve through negotiations. The Party that has claims and/or disagreements sends a notice to the other Party specifying the claims and/or disagreements that have arisen. 7.2. If a response to the notice is not received by the other Party within 30 (thirty) business days from the date of sending the corresponding notice, or if the Parties do not reach an agreement on the claims and/or disagreements that have arisen, the dispute shall be resolved in court at the location of the Provider.

Limitation of Liability

8.1. The Website may contain links to other resources. You acknowledge and agree that the Website is not responsible for the availability of these resources and their content, nor for any consequences related to your use of the content of these resources. 8.2. You also agree that the Website is not responsible for your personal data that you provide to third-party resources and/or other third parties when navigating to them from the Website.
8.3. The Provider does not guarantee against protective actions that third parties, particularly social networks, may take against artificial engagement boosting. Funds are not refunded in such a case.

8.4. The Provider is not liable for any possible damage caused to the Customer, their social media profiles, or their business, nor for any types of losses that occurred as a result of using the Service or individual parts/services/goods/functions of the Service.

8.5. By using the Service’s services, the Customer assumes full responsibility for the consequences of engagement boosting, including possible blocking of the account/profile/page.

8.6. If the Customer uses several Services simultaneously for promotion, boosting, and/or advertising, the Provider cannot guarantee the quality of the order, is not responsible for its fulfillment, and does not accept claims regarding quality.

8.7. Responsibility for the actions of minors, including their purchase of services/goods from the catalog on the Website, lies with the legal representatives of the minors.
8.8. In case of non-performance and/or improper performance by the Provider of obligations to render services due to the Customer providing inaccurate and/or invalid data, as well as if the Customer fails to comply with the terms of this Agreement, the Provider is not liable and does not refund funds.

8.9. The Provider is not liable for violation of the terms of the offer agreement if such violation is caused by force majeure circumstances or circumstances beyond the Provider’s control, including: changes in the operation of social networks, actions of government authorities, fire, flood, earthquake, other natural disasters, power outages and/or failures in the computer network, strikes, civil unrest, riots, other circumstances, not limited to those listed, which may affect the Provider’s performance under this public offer and are beyond the Provider’s control.

8.10. If it is impossible to provide services due to the Provider’s fault, the Provider undertakes to refund the funds paid by the Customer to the Customer’s balance on the Website, but not earlier than 2 weeks after payment. In other cases, refunds are not provided.

8.11. We are not responsible for minor discrepancies in service quality.

8.12. When ordering “report” services, no specific result in the form of removal or blocking of the page specified in the order is guaranteed. There are no guarantees for the removal or blocking of any kind of activity (pages, photos, videos, etc.) on third-party resources, as this is handled by social network moderation. Please note that the service is provided “as is” and does not imply any warranties, including the removal or blocking of any materials or the application of sanctions against them.

8.13. All information posted on the Service’s internet pages foxy-it.com, including all data on the quality and availability of services, speed of their execution, and other data, is not a public offer. These are approximate, estimated data based on the subjective opinion of the Site Administration, which may differ in practice depending on various circumstances, including the principles and algorithms of social networks. The only public offer of the Service is located at https://foxy-it.com/public-offer/.

8.14 The Service is not responsible for any direct or indirect consequences of any use or inability to use the Service and/or damage caused to the User and/or third parties as a result of the use, non-use, or inability to use the Service or its individual functions, including due to possible errors or failures in the Service’s operation.

Privacy Policy

9.1. The terms of the Privacy Policy and the relationship between you and the Website related to the processing of personal data are governed by applicable US data protection laws and regulations.
9.2. The Privacy Policy applies to personal data that the Website has received or may receive from you during registration and/or placing an order on the Website and which is necessary for the Website to fulfill its obligations regarding the service/product you purchased and/or your access to the Website’s services.

9.3. The Privacy Policy is available at: https://foxy-it.com/privacy-policy/.

Final Provisions

10.1. This Agreement-offer and all legal relations arising from it are governed by the laws applicable in the United States. All disputes arising shall be resolved in accordance with applicable US law. This Agreement-offer is posted for an indefinite period and becomes invalid upon its cancellation by the Provider.
10.2. A court’s declaration of any provision of the Agreement as invalid or unenforceable does not invalidate other provisions of the Agreement.

10.3. The Customer undertakes to independently monitor changes to the provisions of this Agreement and is responsible for the consequences associated with failure to fulfill this obligation.

10.4. Inaction on the part of the Provider in case of the Customer’s violation of the Agreement’s provisions does not deprive the Provider of the right to later take appropriate measures to protect its interests.

10.5. The Customer confirms that they have read all the provisions of the Agreement, understand them, and accept them.