Distance contract and the right of withdrawal

This agreement is made between Blumentals Solutions SIA (registration number: 40003890893), legal address - Zirnu 5 k-1 - 190, Riga, LV-1013, Latvia, a business formed and operating under laws of Latvia, hereinafter referred to as ("Provider") and a person or entity that orders web services ("Service") via Engaga website and has accepted the terms of this agreement, hereinafter referred to as ("Customer").

Subject to this agreement, Provider agrees to provide the Service that Customer has ordered electronically via Engaga website.

Service is priced according to price list that is published on Engaga website. Provider may change prices at any time with 30 days prior notice by e-mail.

1. Delivery and payment terms

  1. Customer selects from the available service subscription packages and places an electronic order via Engaga website.
  2. The applicable Service charges including taxes are shown in the online payment form or on the invoice, before Customer makes the payment.
  3. The accepted methods of payment are credit card and PayPal. Customer is responsible for any additional transaction fees that coincide with any payment methods.
  4. The Service is billed in advance on a quarterly or annual basis.
  5. Service is priced according to price list that is published on Engaga website. Provider may change prices at any time with 10 days prior notice by e-mail.
  6. The Service is non-refundable, except for the cases, if any, that are explicitly outlined in this agreement. There will be no refunds or credits for partial months of service, no cancellation refunds, no upgrade/downgrade refunds and refunds for time unused with an open account.
  7. An upgrade from the free service plan to any paying plan will end free Customer's free account. Customer is billed for the first payment period immediately upon upgrading.
  8. For any upgrade or downgrade in service level, Customer's credit card or PayPal account associated with the Service will automatically be charged the new rate on the next billing cycle. If Customer chooses to pay by wire transfer, the upgrade or downgrade will be executed within 2 business days after the receipt of the payment.
  9. Service will be interrupted on paid accounts that reach 7 days past due.
  10. For EU residents a VAT tax is added to the total order amount and it is clearly shown in the online payment form and on the invoice. For the residents of other countries, all fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and Customer shall be responsible for payment of all such taxes, levies, or duties.

Online payment

  1. If Customer chooses to pay online, the Service is activated immediately upon successful completion of online payment procedure.

Recurring payments

  1. If Customer chooses to pay online on the first step of placing order (as opposed to making payment after advance invoice is created), recurring payments hereinafter referred to as ("Recurring Payments") are automatically activated.
  2. For Recurring Payments, customers may access and download their invoices via the corresponding Engaga user interface section.
  3. Recurring Payments are received and handled by FastSpring Inc., an U.S. based online payment processing company. The contractual partner of the Customer is the Provider.
  4. If Customer has not proactively canceled the Service subscription and the Provider is ready to continue the Service, then Customer's subscription is renewed automatically upon expiration and this agreement is extended to the next period of the same length.
  5. Recurring Payments are charged automatically.
  6. Customer may switch to another payment type for future payments by contacting Provider at least 3 business days prior to the next scheduled payment date.

2. Information about the right of withdrawal

The right of withdrawal

  1. If Customer is consumer (a natural person, who is acting outside the scope of an economic activity such as trade, business, craft or liberal profession), hereinafter referred to as ("Consumer") then the following terms regarding the right of withdrawal apply.
  2. Consumer has the right to withdraw from this agreement within 14 days without giving any reason. All rights to withdraw from the agreement will be lost if the customer does not exercise the right within 14 days of entering this agreement.
  3. To withdraw from the agreement the Consumer must give a clear electronic or written notice of the withdrawal. Such notice must include Consumer's full name, address, phone and e-mail address.
  4. It is sufficient that the Consumer sends out the notice of withdrawal within the time specified above.

Effects of withdrawal

  1. If Consumer uses the right of withdrawal, the Provider ends the Service to Customer and Consumer pays the Provider reasonable compensation that is proportional to the amount of the Service received before the notice of the withdrawal was sent.

The refund procedure

  1. Within 14 days after a valid notice of the withdrawal is received, the Provider refunds the Customer by paying back the order amount after any deductions provisioned under this agreement. The refund is made by the same payment method which was used to receive the payment.

3. Termination of the agreement

  1. Apart from the abovementioned right of withdrawal, this agreement can be terminated by the Customer at any time from the corresponding Engaga user interface section. No refund is provided upon such termination of the agreement and no data can be recovered.
  2. If the Service is stopped by the Provider (with an exception of temporary downtime for technical reasons or suspension for violation of the Terms of Service), the Provider pays Customer a compensation that is proportional to the amount of the Service that the Customer has paid for, but the Provider has not delivered.

4. Other terms

  1. In addition to the terms above, the Customer agrees to Engaga Terms of Service, which are published on Engaga website.
  2. This agreement after review by the Customer, was accepted in the Republic of Latvia and shall be interpreted and construed under the laws thereof, which laws shall prevail in the event of any conflict of laws.

5. Provider's contact info

Provider's contact information is available on this web page:
https://www.engaga.com/distance-contract/