Computer Equipment Lease Offer Agreement
MOBIROX LLP (Company number OC450175), hereinafter referred to as the "Lessee", on the one hand, and the client of the mobileproxy.rent website, hereinafter referred to as the "Lessor", on the other hand, together referred to as the "Parties", have entered into this Agreement as follows:
Subject of the Agreement
- The Lessor undertakes to provide the Lessee, for a fee, with computer equipment for temporary use for the purpose of providing services to third parties (hereinafter referred to as the Equipment), and the Lessee undertakes to accept the Equipment and make timely payments for its use.
- The Lessee uses the Equipment remotely, without physically transferring the Equipment to the Lessee. The Equipment shall be kept by the Lessor for the entire term of the Agreement.
- The Lessee uses the Equipment to provide third parties (hereinafter referred to as Clients) with access to the "Mobile Proxies" computer program (hereinafter referred to as the "Program").
- The Lessor is not the entity providing access to the "Mobile Proxies" computer program.
- The Lessor confirms that it is the owner of the Equipment or a person authorized by the owner to lease the Equipment.
Payments under the contract
- The rent for the use of the Equipment is determined based on the calculation of 75% of the income received as a result of using the rented Equipment from each Client before deducting mandatory payments. The amount of the fee due to the Lessor is formed automatically based on the data in the Personal Account.
- The Lessee's income is formed based on the time each Client uses Internet traffic based on the Tariff Grid posted on the Lessee's website at: https://mobileproxy.space/#tarifs
- The Lessee has the right to provide all or certain categories of Clients with discounts on the tariffs used, and to conduct promotions at its own discretion. The Lessor agrees that in such a case the income from the Client may be less than stipulated by the terms of the Tariff Grid.
- The Lessor registers in the Lessee's Personal Account located at https://mobileproxy.space/, after which the Lessee provides access to the Personal Account, in which the Lessor has real-time access to, among other things, the following information:
- the number of Clients;
- the amount of time the Clients have used Internet traffic;
- information on the application of discounts and/or promotions to the Client's tariff;
- information on the income received by the Lessee from each Client (before deducting mandatory payments).
- The rent is paid by the Lessee weekly. The Tenant transfers funds to the Tenant's details posted in the Personal Account within 24 hours after receiving the request.
- The Tenant does not provide the required minimum number of Clients or the minimum rental amount.
Obligations of the Parties
- The Lessor is obliged to:
- provide the Lessee with the Equipment in a condition that meets the terms of the Agreement, the intended purpose and the purpose of use;
- perform the initial installation and adjustment of the Equipment;
- ensure the technical capability for the Lessee to remotely install software on the Equipment;
- maintain the Equipment in good condition, carry out current repairs at its own expense and bear the costs of its maintenance;
- maintain the Equipment in constant operability at its own expense;
- ensure uninterrupted connection of the Equipment to electricity and the Internet;
- immediately notify the Lessee of any malfunctions in the Equipment (including interruptions in connection to the Internet, interruptions in electricity, etc.) Telegram messenger;
- place current bank details for transferring funds towards rent in the Personal Account.
- The Tenant is obliged to:
- use the Equipment transferred to him in accordance with its intended purpose and purpose of use;
- comply with the rules for operating the Equipment;
- Provide the Lessor with access to the Personal Account;
- pay rent in a timely manner;
- conduct negotiations and any interaction with Clients, incl. provide technical support;
- ensure timely receipt of funds, which are income from each Client.
Term of the Agreement
- The Agreement is concluded for a period of 1 (one) year.
- The Agreement is considered extended for the same period if 1 (one) month before the date of its expiration neither Party declares termination of the Agreement.
Liability of the Parties
- The Lessor is liable for any defects in the leased Equipment that fully or partially prevent its use, even if at the time of concluding this Agreement he was unaware of such defects.
- If defects are discovered, the Lessee has the right, at his discretion:
- demand from the Lessor either free of charge elimination of the defects in the Equipment or a proportionate reduction in the rent;
- demand early termination of the Agreement.
- In all other cases of failure to fulfill obligations under the Agreement, the Parties shall be liable in accordance with the provisions of the current legislation of the Russian Federation.
Force Majeure
- The Parties shall be released from liability for failure to fulfill or improper fulfillment of obligations under the Agreement if proper fulfillment turned out to be impossible due to force majeure, that is, extraordinary and unavoidable circumstances under the given conditions, which are understood to mean: prohibitive actions of the authorities, civil unrest, epidemics, blockade, embargo, earthquakes, floods, fires or other natural disasters.
- If these circumstances occur, the Party is obliged to notify the other Party of this within 5 (five) working days.
- A document issued by an authorized government agency is sufficient evidence of the existence and duration of force majeure.
Confidentiality
- The Lessor undertakes not to disclose information and any data about the Clients obtained during the execution of the Agreement.
Procedure for changing and terminating the agreement
- Any changes and additions to the Agreement are valid only if provided that they are published in this document.
- The Lessee has the right to terminate the Agreement early at any time unilaterally and out of court, having notified the Lessor 1 (one) month prior to the expected date of termination. The Agreement is considered terminated from the date specified in the notice.
- The Lessee has the right to terminate the Agreement unilaterally and out of court if the Lessor fails to eliminate any malfunctions in the Equipment that impede the purpose of its use.
- The Parties have the right to terminate the Agreement early by mutual agreement.
Dispute Resolution
- All disputes and disagreements that may arise during the execution of the Agreement, the Parties will resolve through negotiations.
- In the event of failure to reach an agreement during negotiations, the interested Party shall send a claim in writing, signed by an authorized person. The claim must be sent using means of communication that ensure the recording of its sending and receipt, or delivered to the other Party against signature.
- The Party to which the claim is sent is obliged to consider the received claim and notify the interested Party of the results in writing within 30 (thirty) calendar days from the date of receipt of the claim.
- Disputes between the Parties that are not settled by negotiations and in the claim procedure shall be referred for resolution to the Arbitration Court of St. Petersburg and the Leningrad Region.
- In all other respects that are not provided for by the terms of the Agreement, the Parties shall be guided by the legislation of the Russian Federation.
Final Provisions
- Interaction of the Parties under the Agreement is carried out through the Personal Account and has legal force. The Lessee shall not be liable if the Lessor posts information that does not correspond to reality in the Personal Account.
- The Parties recognize the legal force of emails and documents sent by email specified in the Personal Account, as well as correspondence in Telegram, WhatsApp messengers, by phone numbers specified in the details, and recognize them as equivalent to paper documents signed with a handwritten signature.
- Disputes between the Parties that are not settled by negotiations and in the claim procedure are transferred for resolution to the Arbitration Court of St. Petersburg and the Leningrad Region.
- In all other respects that are not provided for by the terms of the Agreement, the Parties are guided by the legislation of the Russian Federation.
- The Lessor has assured that the Equipment was provided in a condition that meets the terms of the Agreement, its purpose and purpose use.
- The Lessor has carried out the initial installation and adjustment of the Equipment.
- The transferred Equipment is ready for use by the Lessee for the purposes established by the Agreement.