fire
The first 3 days are FREE. No restrictions at all!
fire

AGENCY AGREEMENT (PUBLIC OFFER)

Moscow

26 July 2021

This document is an offer of UMNICO Limited Liability Company to an indefinite circle of persons to conclude an agency agreement on the following conditions, an offer to make offers to third parties - entrepreneurs and legal entities who need detailed accounting of sales, their analytics, therefore, connection to Umnico!

1. DEFINITIONS

1.1. For the purposes of this agreement, all original definitions are used in the meanings specified in subparagraphs of clause 1.2.

1.2. Definitions of the main significant terms.

1.2.1. Umnico  is a complex of computer programs, databases, visual representations of commands, consisting of two or more components and (or) complexes specially designed for use as part of a complex object (multimedia product) [1] , united by a single interface and commercial designation (hereinafter according to the text - Umnico).

1.2.2. Umnico User  - a person who has registered a Umnico personal account, with whom the Confidential Information processed on the basis of this Agreement is directly or indirectly related. May be the subject of personal data. Hereinafter referred to as "User" or "Licensee", when jointly referred to regardless of the category, referred to as "Users".

1.2.3. Personal account  - section "Fresh" Programs, creating which, Users accept the Privacy Policy and User Agreement, acquire the right to connect Integrations. Posted at https://umnico.com/app/deals/inbox.  

1.2.4. Owner  - a User who registered a personal account for the first time, who has been given the technical ability to determine the limits of using the Program for Users of the "Administrator" and "Manager" categories.

1.2.5. Integration  - joining the Service of one profile of the "Manager" category from third-party online services defined in the section https://umnico.com/payment.  

1.2.6. Umnico visitor  - any person who has navigated to the main page or any other Umnico page and / or sent a message to the support service without registering a Umnico personal account, regardless of whether he has registered a personal account or not. Hereinafter referred to as "Visitor" or "Visitors".

1.3. Any other original definitions are understood in the meanings specified in the user agreement posted at: https://umnico.com/privacy/en.  

2. UMNICO. CHARACTERISTIC OF MULTIMEDIA PRODUCT

2.1. General features of a multimedia product as a whole, characteristic of each of the Computer Programs, created for use in its composition (paragraph 2.2).

2.1.1.

Text designation: (name)

Umnico (Yumniko)

2.1.2.

Hosting address on the Internet

https://umnico.com/ 

2.1.3.

Appointment

Business and Work

2.1.4.

Copyright holder

LLC "UMNICO"

2.1.5.

Age classification

4+

2.2 Features of Computer Programs created for use as part of the Umnico multimedia product.

No.

Name

Appointment

Terms of use (minimum)

2.2.1.

Umnico Main

Management of all Integrations, building statistics. Serves as a "command center"

Used in browsers Google Chrome, Mozilla Firefox not older than 2018 release. For use on personal computers

2.2.2.

Umnico Android

Remote control of all integrations on mobile devices with the Android operating system

Android OS 5.0 or higher

2.2.3.

Umnico iOS

Remote control of all integrations on mobile devices with the iOS operating system

iOS version 11.0 and higher. Can be used on Apple Iphone, Apple Ipad devices.

2.2.4.

Umnico Bitrix

A part of a multimedia product created for integration with the 1C-Bitrix module, executing commands specified by any of the programs from p. 2.2.1 - .2.2.3.

Similarly to p. 2.2.1.

2.2.5.

Umnico AmoCRM

A part of a multimedia product created for integration with the AmoCRM module, executing commands specified by any of the programs from p. 2.2.1 - .2.2.3.

Similarly to p. 2.2.1.

2.3. Integration with the 1C-Bitrix module is carried out in accordance with the General Terms and Conditions of the 1C-Bitrix Marketplace project, which are posted at the following hyperlink: https://partners.1c-bitrix.ru/upload/bitrix_marketplace.pdf .

2.4. By purchasing the right to use the Integration with the 1C-Bitrix module, the User concludes a license agreement in the form established in Appendix No. 1 to the General Terms and Conditions of the 1C-Bitrix Marketplace project (link is specified in clause 2.3).

2.5. The Principal guarantees that he has the exclusive right to use Umnico, that he is the legal owner of both the entire software package as a whole, and individual components of the Program.

3 . SUBJECT OF THE AGREEMENT

3 .1. Any Visitor who has registered a personal Umnico account accepts an offer to make offers and concludes an agency agreement in the status of an Agent. As a result, each registered User gets access to the "Affiliate" section at the following address https://umnico.com/partnership.

3 .2. The user accepts the offer to make offers at the time of Umnico's recommendation to the entrepreneur or organization, which is expressed in the provision of a link for registering Umnico's personal account (hereinafter referred to as the referral partner).

3 .3. By providing a link for registering a Umnico personal account to a legal entity or individual entrepreneur, the Referral Partner acts on behalf of and at the expense of the Principal.

3.4. All registered Users, upon accepting an offer to make an offer and this agency agreement, receive the status of a Referral Partner. Obtaining the status of an integrator partner requires the fulfillment of the conditions established by section 4, after contacting technical support using the details specified in section 7 and receiving confirmation.

3.5. The integrator partner performs other actions to conclude this agreement, including acting as an actual intermediary between the Principal, can get special access to individual Umnico software components only by requesting technical support.

3.6. "Referral Partner" and "Integrator Partner" are agents in legal relations with the principal within the meaning of the Civil Code of the Russian Federation (part two) dated January 26, 1996 No. 14-FZ with various rights determined in accordance with this agreement. The final decision on granting the status of "Integrator Partner" is made by the Principal.

3.7. In the text of this agreement, “Agents” mean Referral Partners and Integrator Partners, in cases where their general rights and / or obligations are indicated.

4 . AGENT'S COMMISSION. TERMS OF ACCRUAL AND PAYMENT

4 .1. General conditions for the formation of agency fees for Partners - referrals and Agents - integrators. https://umnico.com/payment .

4 .1.1. The number of integrations connected by a new User who registered a Umnico personal account using the referral Partner's link, or connected to Umnico on the terms of a separate agreement, the conclusion of which was prepared by the integrator agent. Integration prices are presented at https://umnico.com/payment.

4 .1.2. Payment period for the new User;

4 .1.3. The amount of payments made by a new User who has connected as a result of the actions of the Referral Partner or the Integrator Partner.

4.1.4. Funds accrued as an agency fee are paid to Referral Partners, Integrator Partners within 7 (seven) days on a weekly basis according to an application submitted through the Umnico personal account and the “Affiliate Program” section;

4 .1.5. The minimum amount of the agency fee that can be withdrawn from the User's personal account is at least 3,000 (three thousand) rubles;

4 .1.6. The moment of payment is defined as the moment of receipt of funds to the settlement account of the Principal or Partner-referrals, Partners-integrators;

4 .1.7. To obtain primary accounting documents signed and stamped by the Principal, the Agents make a separate request for the details of section 7 of this agreement.

4.2. Terms of accrual and payment of remuneration to Referral Partners.

4.2.1. Registration of Umnico's personal account by a third party using the referral link provided by the Referral Agent from the "Affiliate" section;

4.2.2. Making a payment or systematic payments by a newly registered User using a referral link in accordance with the Umnico User Agreement.

4.2.3. Fulfillment of the conditions of subparagraphs 4.2.1 and 4.2.2 is the basis for accruing to the Referral Partners a remuneration in the amount of 15 (fifteen)% of all payments made by the parties involved by the parties made for the right to use Umnico in accordance with the User Agreement.

4.3. Conditions for calculating and paying remuneration to partners-integrators.

4.3.1. Attracting new Umnico Users to register a personal account with the conclusion of a separate agreement with the Principal, according to which the User undertakes to pay for the right to use Umnico in the amount of at least 500 (five hundred) rubles;

4.3.2. Fulfillment of the conditions of sub-clause 4.3.1 is the basis for accrual of remuneration to the Integrator Partners in the amount of 30 (thirty)% of each payment, which will be made by each new Umnico User attracted from their side.

5 . RIGHTS AND OBLIGATIONS OF AGENTS

5 .1. Agent rights

5 .1.1. An agent, regardless of status, has the right, upon fulfillment of the terms of this agreement, to demand the payment of an agency fee in the amount determined in accordance with the rules of section 4;

5.1.2. Use the commercial designation Umnico only for the purpose of executing this agreement.

5 .1.3. Receive up-to-date information about payments from Users who have registered their Umnico personal account using the referral link provided by the Referral Partner, or about payments from Users attracted by the Integrator Partner.

5 .2. Responsibilities of Agents.

5 .2.1. Exercise the rights and fulfill obligations under this agreement in good faith, including attracting and registering a personal account exclusively for real persons;

5 .2.2. Take actions aimed at circumventing this agreement, including, but not exclusively, create User profiles that do not exist in reality.

5 .2.3. Refrain from using the commercial designation Umnico for the purposes of unfair competition with the Principal, for any purposes that are not related to this agreement, including the use of queries in contextual advertising that are confusingly similar to the commercial designation Umnico, for the sale of multimedia products, competing with the Principal, registering a domain name similar to Umnico.

6 . RIGHTS AND OBLIGATIONS OF THE PRINCIPAL

6 .1. Rights of the Principal.

6 .1.1. Access to the Umnico functionality is provided by the Principal in the form in which it exists and in which it is posted on the global Internet. The Principal does not provide any guarantees and / or representations in relation to access to the Program, from which it recommends to refrain from agents.

6 .1.2. In case of detecting attempts to circumvent this agreement by agents in order to obtain unreasonable benefits, including the creation and / or integration of non-existent profiles of social networks or instant messengers that are not tied to a specific person, the Principal has the right to refuse the agent to pay remuneration due to unfair behavior ...

6 .2. Obligations of the Principal.

6 .2.1. To pay to Referral Partners and Integrator Partners an agency fee if the terms of this agreement are met and there are no violations.

7 . CONSIDERATION OF APPEALS. DISPUTE RESOLUTION. 

7 .1. The licensor is UMNICO Limited Liability Company (INN 9725053503, OGRN 1217700298892).

7 .2. Mailing address for inquiries: 115114, Moscow, 1st Kozhevnichesky lane, 10, office 205.

7 .3. Email address for inquiries : hello@umnico.com 

7 .4. All disputes and disagreements related to non-performance or improper performance by the parties of obligations arising from this agreement or in connection with it, including those related to its conclusion, performance, action, termination, validity, termination are resolved through negotiations.

7.5.  The Licensor will take all possible measures to consider the User's appeal and provide a response to the appeal no later than 25 (twenty five) calendar days from the date of its receipt.

7.6. If it is impossible to settle the dispute in a complaint procedure, such a dispute shall be resolved in the Arbitration Court of the city of Moscow.

        


[1]  The meaning of the concept of "Complex object", as well as the definition of a multimedia product as a specific example of such an object is given in accordance with article 1240 of the Civil Code of the Russian Federation (part four) of 18.12.2006 No. 230-FZ