Terms and Conditions
Before accessing or using the DokaTube website (the “Site”) and placing your order, please read these terms and conditions (the “Terms”).
Definition of Terms
Contract Acceptor – Olga Kim, engaged in providing the Services. The contract acceptor owns all of the relevant exclusive rights to the Site, including the right to a domain name of the Site.
Customer — any individual who has entered into the Contract of compensated rendering of Services by Executive in his/her or another’s interest in line with the requirements of the current legislation of German and the Terms herein.
Service – all actions directed at increasing traffic (that is, the number of views of the videos) on the YouTube channel of the Customer.
Order – a duly completed request of the Customer regarding providing the Services.
Contract – the contract of compensated rendering of services, entered into and executed by the Customer and the Contractor in the manner and on the terms set forth herein.
The agreement herein is a legally binding document and governs the relationship between the Customer and the Contractor arising from the order and payment on the Site.
When ordering Services through the Site, the Customer agrees that:
a) he/she is acquainted with the Terms.
b) payment of Service means that he/she accepts all the conditions of the Terms without any exceptions and limitations from his/her side (acceptance). The contract concluded by the acceptance of the Terms does not require signing and is valid in electronic form.
C) if the Customer does not agree with the Terms or has no right to conclude the Treaty into force of the law, he should refuse registration and payment.
g) offer (including any of its parts) can be changed by the Performer without any special notice. The new revision of Terms comes into force from the moment of its posting on the Site, unless otherwise provided in the new version of the Terms.
d) payments under the Contract may be made between Contractor and Customer, including with third parties – partners of the Contractor. Thus, for the purposes of settle the payments between the Parties, the Customer may be required to accept the terms of the contracts of the partners of the Performer, helping him to carry out the payments with the Customer, such as payment service providers, affiliate services, and other similar affiliate companies of the Contractor.
Relationship of the Parties may be further regulated by separate documents and agreements governing the use of appropriate services. The use of such additional documents and agreements does not alter the Terms.
Acceptance of the Terms
The customer entrusts and the Executor undertakes to render Services in line with the task provided by the Customer, and the Customer agrees to pay for services rendered.
The task for the provision of services, scope of services, price and other essential terms of the Contract are determined on the basis of information provided by the Customer during the Ordering process and are an integral part of the Contract.
Order and Delivery
The Site is intended to familiarize Customers with information about Services ordering and payment through the Internet.
Ordering of Service is made by Ordering the request by a relevant section of the Site.
When ordering Services on the Site the Customer agrees with the terms and conditions of the Services listed below.
To order the Service, the user fills in the relevant form on the Site and provides the following information:
• A link to the video;
• Selects the language;
• Selects the desired number of views;
• Selects type of advertising:
– in end screen;
– in tooltips;
– on the main page of channel;
• Selects the category.
After entering the information mentioned above the user starts the registration procedure on the Site (if registration was not made earlier) and the procedure of payment of the Order.
After payment the user is considered to accept (accepting) the Terms, and becomes a Customer, and the Service Contract is concluded between the contractor and the Customer under the Terms and enforceable.
The customer is solely responsible for providing false information, resulting in the impossibility of proper execution by the Contractor of its obligations to him.
Order status can be tracked by Customer in the appropriate section in My Profile section on the Site. During execution of the Order and within 3 (three) days after the end of the Services, the Customer, in case of detection of shortcomings in the Services provided, shall send to the provider a requirement for the elimination of deficiencies outlining the specific disadvantages resulting from the provision of Services. Thus in the requirement of the Customer can only refer to the shortcomings that resulted from the retreat of the Contractor from the task issued by the Customer. The requirement for the elimination of deficiencies shall be sent by the Customer through the personal Cabinet (section “Write support”).
In case of requirements of Customer to eliminate deficiencies in the Services provided, the Contractor will undertake to eliminate these drawbacks in the period agreed by the Parties, provided that such requirements do not go beyond the specification agreed by the Parties at the stage of Ordering.
If after 3 (three) days from the date of completion of provision of Services from the Customer not received any objections as regards the results of Services rendered, the Services are considered rendered properly and accepted by the Customer without comment.
Payment for Services
The prices for the services of the Contractor are specified on the Site.
The contractor shall be entitled at any time to unilaterally change the price for Services presented on the Site. At the same time, the price of the Service that has already been ordered cannot be changed.
Service fees are paid by non-cash transfer of funds by the Customer to the account of the Contractor. Payment can be made by major credit/debit cards, and any other ways specified on the Site.
If paying by credit card when placing the order the Customer must select a payment method: by credit card. When paying by credit card, payment processing to the authentication page of the Bank where the Customer must enter their card details:
– card type;
– card number;
– card expiration date (specified on the front of the card);
– The card holder’s name (in Latin letters, exactly as shown on the card);
– CVC2/CVV2 code
If Customer card is connected to 3D-Secure, it will be automatically redirected to the Bank that issued the card for authentication. Information about rules and methods for further identification need to be clarified with the Bank that issued the Bank card.
Security processing of online payments is ensured as information transfer is provided using SSL encryption technology. This information is not available to unauthorized persons.
Tips and recommendations for necessary safety measures payments using Bank cards include:
– protect your plastic cards as you protect your cash. Don’t leave them in the car, restaurant, store, etc.;
– never give full credit card number over the phone to any individuals or companies;
– always have on hand the phone number for emergency contacts with the Bank that issued your card, and, in case of loss, contact the Bank immediately;
– enter the card details only when making a purchase. Never enter them for some other reasons.
The contractor may offer discounts, bonuses and other preferential conditions for the provision of Services to all or selected Customers.
The contractor is entitled to restrict the available methods of payment.
The rights and obligations of the Customer
The customer may:
Become acquainted with the materials of the Site and place Orders for Services;
Withdraw from the Contract upon failure of the Contractor from providing the Services;
At any time check the progress and quality of work performed by the Contractor, without interfering with its operation;
To carry out order not prohibited by the legislation of Germany related to the use of the Site.
The customer undertakes:
Prior to conclusion of the Contract to read the contents of the Terms, the order and conditions of provision of Services.
Provide the Contractor with all information necessary to provide Services, accurate information about yourself;
Pay the cost of Services;
Bear other obligations specified in the Terms.
The rights and obligations of the Contractor
The contractor shall:
a) to provide Services efficiently and in all parts;
b) free of charge for an agreed period by the Parties, fix on demand of the Customer identified deficiencies if in the process of providing Services was allowed deviations from the job worsened the quality of Services;
d) to provide the Customer with the opportunity to receive free consultations on the provision of Services;
e) to comply fully with their obligations under the other paragraphs of this agreement.
The contractor has the exclusive rights to the Content, including software products and online services of the whole Site and included in their composition or used in conjunction with, computer programs, databases, cartographic, reference information and other text materials, images, and other objects of copyright and/or related rights, and patent rights, Trademarks, commercial designations and trade names, as well as other parts of the software and/or online services of the Site (regardless of they fall in their composition or are additional components and whether their extraction from their composition and use yourself) separately. These rights are protected in accordance with the Civil code of Germany.
The contractor will undertake the management of the Site, defines its structure, appearance, permit or restrict user access to the Site, exercise other rights belonging to it.
The contractor settles the issues about the order of placement on the Website advertising, participation in affiliate programs, etc.
The contractor has the right:
a) change the design of the Website, its content, change or advance used scripts, software, Content and other objects used or stored on a Website, any server applications, with notification of users or without it;
b) perform communications (including email), a notification about the introduction of new or cancel the old service, approval and publication of the new edition of the Terms, notifications that contain advertising information about goods and services of the Contractor.
c) show the ads on the Site.
Restrictions and prohibitions
The customer is prohibited:
a) to use any automatic or automated means for collecting information placed on the Site;
b) to reproduce, copy, process, distribute, download, transfer, sell or otherwise use in whole or in part the content of the Site without the prior permission of the Contractor.
c) to specify any false or fictitious information about himself when ordering;
d)to carry out actions aimed at destabilizing the functioning of the Site, to attempt unauthorized access to the management of the Site or its closed sections (sections, access to which is allowed only to the Contractor) and to perform any other similar actions.
Guarantees and liabilities
The contractor is not responsible for the quality of Services if Customer provided false information required for the provision of Services.
The customer is responsible for any breach of the obligations stipulated in the Agreement and (or) the applicable law, as also for all consequences of such violations (including any losses that may be incurred by the Contractor and other third parties).
The contractor guarantees the use of its part specified by the Customer e-mail addresses for communication with the Customer, send Customer notifications, messages, and other information.
The contractor is not liable for possible failures and interruptions in the Site operation and resultant losses of information. The contractor shall not be responsible for any damage to the computer of the Customer, mobile devices, any other equipment or software caused by or associated with the use of the Site or sites accessed through hyperlinks on the Site.
The contractor shall not be liable for any damages, including lost profits, or damages, caused in connection with use of Website, ordering and payment of Services.
The contractor is not responsible for any damage that may be caused to the Customer, including loss of data, deletion of Content or termination of functioning of the Site.
In any case, the aggregate liability of the Contractor under the Contract is limited to the amount received by the Contractor from the Customer under the Contract.
The parties are relieved from responsibility for default or inadequate execution of obligations under the Contract for the duration of the force majeure. The term “force majeure” refers to extraordinary and insuperable circumstances that impede the fulfilment of obligations of the Parties under this Agreement. They include natural phenomena (earthquakes, floods, etc.), circumstances of public life (war, state of emergency, strikes, epidemics, etc.), prohibitive measures of public authorities (prohibition of transportation, currency restrictions, international sanctions ban the trade, etc.). During this period, the Parties have mutual claims, and each party takes on its own risk the consequences of force majeure.
You agree to indemnify, defend, and hold harmless DokaTube (including its licensee and licensors, as well as their agents, employees, contractors, directors and officers) from and against all claims, damages, losses, obligations, liabilities, debt or costs, and expenses (including with no limitation to attorney’s fees), arising out of a) your use and access of the Site and/or Services, by you or anyone using your password and account, or b) a breach of the Terms herein.
The agreement shall become effective from the date of payment and ends with the full performance of their obligations by the Parties.
All disputes arising between the Parties shall be resolved through negotiations. Pre-trial procedure for resolution of dispute arising from relations governed by a Contract, is considered mandatory. The deadline for pre-trial settlement of claims is 10 (ten) working days of receipt of the relevant claim. If no agreement is reached regarding settlement of the dispute, such dispute shall be resolved and settled in the Arbitration court of Kiev in accordance with the current legislation of Germany.
Court recognition of any provisions of the Terms is invalid and it is not subject of invalidation of other provisions of the Offering.
The contract on the basis of the Terms, including all its integral parts, any other documents prepared in its execution, as well as information that became known to the other Party during the execution of the Contract, is confidential. Such information may not be disclosed in any way without the written consent of the other Party either during the Contract or after its termination. Otherwise, the guilty Party shall compensate the injured Party all damages caused by the losses, including lost profits.
All notices, communications, demands, claims and other similar arising from the Contract documents and the Parties send each other, must be in writing. These documents, sent by Fax or electronic mail, with confirmation being sent, have full legal force and can be used as written evidence.
For any enquiries, the Customer may contact us by e-mail.