E-INVOICE AGREEMENT - City Boxing

E-INVOICE AGREEMENT

  1. TERMS

1.1. In this Agreement, capitalized terms shall have the meanings set forth below, unless the context otherwise requires:
Customer– means a person who uses the Services provided by the Service Provider;
Payer– Payer means any Customer who pays the Service Provider in non-cash form for the services provided by the Service Provider;
Service Fee– means the amount payable by the Customer to the Service Provider per calendar month for the Services provided;
Membership– means the service provided by the Service Provider and purchased by the Customer;
Membership Term– means the entire period of use of the Services during which the services purchased by the Customer are provided;
Services– means the sports services offered by the Service Provider, consisting of group classes and gym services, which are provided at a specific Service location;
Service Provider– means UAB "BOKSAS VISIEMS", trademark "City Boxing", legal entity code 304954439, registered office address Perkūnkiemio g. 13-91, Vilnius;
Agreement– means this Agreement between the Customer and the Service Provider with all its parts, annexes, amendments, and additions;
Parties– means the Client and the Service Provider together;
Rules– means the rules for using the Services, posted on the Service Provider's website.

  1. SUBJECT OF THE AGREEMENT

2.1. By this Agreement, the Service Provider undertakes to provide the Client with the Services in accordance with the procedure and within the time limits set forth in this Agreement, and the Client undertakes to properly and timely pay the Service Provider in accordance with the procedure established in this Agreement.

  1. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The Service Provider undertakes:
3.1.1. to allow the Customer to use the Services no later than 2 hours after the Customer has paid for the Services in accordance with the procedure set out in clause 4.1.1 of the Agreement;
3.1.2. to provide high-quality Services throughout the entire term of Membership, except in cases specified in the Agreement. Membership is renewed each month of service provision. If the membership is not terminated before its renewal, the service is considered to have been renewed and the service provider undertakes to provide it until the date of termination of the Agreement.
3.2. The service provider has the right:
3.2.1. in the event of changes in market conditions or market-regulating legislation, as well as other objective reasons, to unilaterally change the amounts payable in connection with the provision of Services and/or the provisions of the Agreement and (or) the provisions of the Rules, after informing the Customer thereof. The Customer shall be informed of the changed terms and conditions of the Agreement and the terms and conditions related to payment for the Services in advance, at least 15 days before the date of entry into force of the changes, but not earlier than the beginning of the new month. The Customer shall be informed of the changed provisions of the Rules in accordance with the procedure set out in the Rules;
3.2.2. restrict the provision of Services in the cases and in accordance with the procedure set out in this Agreement and the Rules;
3.2.3. to demand that the Customer reimburse all costs related to debt administration and collection;
3.2.4. to collect and transfer information about the Customer who has not paid on time to third parties engaged in debt collection activities.
3.3. The Customer undertakes:
3.3.1. to comply with the Rules and the terms and conditions of this Agreement;
3.3.2. to pay the Service Provider in accordance with the procedure set out in the Agreement;
3.3.3. use the Services for at least the duration of the Membership;
3.3.4. provide the Service Provider with accurate information and documents;
3.3.5. The Customer agrees that if they have set up automatic SEPA payments from their bank account, the Service fee may be automatically debited using SEPA transfers from the Customer's bank account provided at the time of purchase, according to the electronic invoice issued by the Service Provider. The Customer hereby expresses their consent to receive invoices for the Services electronically via the electronic invoicing system chosen by the Service Provider and the provider of these services;
3.3.6. ensure that during the term of Membership, the Customer's bank account provided at the time of purchase has sufficient funds to pay the electronic invoice issued by the Service Provider;
3.3.7. in the event of debt, reimburse the Service Provider for all costs related to debt administration and collection;
3.3.8. to inform the Service Provider in writing of any changes to the data provided at the time of purchase within 3 (three) days.
3.4. If the Customer fails to inform the Service Provider of any changes to their contact details provided at the time of purchase, the details provided shall be deemed correct and all correspondence sent to the specified contacts shall be deemed to have been duly delivered 3 working days after the date of dispatch. All notifications or other information from the Parties must be provided in writing and shall be deemed to have been duly delivered if sent by registered or courier mail or e-mail or delivered against signature.
3.5. The Customer shall have the right to use other services provided by the Service Provider for an additional fee.

3.6. The sports club undertakes to provide the Client with 42 days of vacation per calendar year. The Client sets the vacation period themselves in the self-service system at www.cityboxing.lt. The minimum vacation period is 7 days. The customer may cancel their vacation before it begins or after the minimum period of 7 days has passed. To cancel a vacation earlier than 7 days, it is necessary to contact the sports club administration. After the vacation period ends, the membership is activated and the fee is calculated as usual.

3.7 The sports club undertakes to compensate for vacation days in the next month's invoice submitted to the customer's electronic banking.

3.8 Children and Youth e-account members are eligible for longer vacations in June, July, and August. It is necessary to contact the sports club administration and coordinate the vacation.

  1. PAYMENT PROCEDURE

4.1. The Client shall pay for the Services provided with the Service Provider in the following order:

4.1.1. the first payment, calculated from the first day of use of the Services to the last day of the current month + a one-time non-refundable contract fee equal to one month's fee (for adult membership only), as specified in the price list; The Customer undertakes to pay the Service Provider at the self-service cash desks at the Service locations or via the website www.cityboxing.lt;
4.1.2. The service fee for the following months may be automatically debited if the customer sets this up in their banking using SEPA transfers from the customer's bank account specified at the time of purchase, according to the electronic invoice issued by the Service Provider.
4.1.3. New customers who do not have a City Boxing sports club account will receive a fingerprint activation code by email after payment. After activating the fingerprint at the sports club's self-service terminal, you will be able to enter the sports club premises. Alternative access is possible with an RFID card. To obtain a card, please contact the administration.
4.2. The fees specified in clause 4.1.2 of the Agreement shall be debited from the Customer's bank account each current month, provided that the customer activates this function in their online banking. Otherwise, the Customer undertakes to ensure that the Service fee is paid by the 11th (eleventh) calendar day of the current month.
4.3. If the payment date falls on a non-working day or public holiday, the payment will be debited on the next working day. If the amount payable cannot be debited by the last payment date, an attempt will be made to debit the amount payable on the next 2 (two) consecutive days.  If, during the first 15 (fifteen) days of the current calendar month, the balance of the Customer's bank account is insufficient or the payment is not made for other reasons (blocked account, etc.), the Customer's Membership shall be suspended and the Customer shall not be admitted to the place of service provision. If the balance of the Customer's bank account is insufficient for the payment to be debited, the Customer has the right to pay this fee by other means of payment to the Service Provider. After paying the fee for the current month, the Customer may use the Services only after two business days. The risk of negative consequences of failure to pay is borne by the Customer.

4.4. Any payment made by the Customer under this Agreement shall be deemed to have been made from the moment the relevant amount is credited to the Service Provider's bank account or deposited into the Service Provider's cash register.
4.5. If the payments received from the Customer are insufficient to cover the entire debt for the Services, regardless of what the Customer indicates/declares, the payments received shall be distributed as follows: first, the Service Provider's expenses incurred in collecting or demanding payment of the debt from the Customer shall be covered, then the debt for the Services (starting with the oldest) shall be covered.

  1. RESPONSIBILITY

5.1. Each Party shall compensate the other Party for reasonable losses caused by its own actions.

5.2. The Parties, in accordance with other provisions of this Agreement, agree and confirm that compensation for losses, damages, and expenses does not release the Party in breach of its obligations from further performance of its obligations under this Agreement.

5.3. The Service Provider shall not be liable for the non-provision or improper provision of the Services and/or damage caused to the Customer if this occurred through no fault of the Service Provider, as well as for the actions or restrictions of third parties applied to the Customer.

5.4. If the provision of Services has been suspended due to the Customer's fault, the Customer shall not be exempt from payment for the Services, considering that they are provided in full.

5.5. The remedies provided for in this Agreement shall not limit the Parties' right to use other legal remedies available to them.

  1. VALIDITY, AMENDMENT, AND TERMINATION OF THE AGREEMENT

6.1. The Agreement shall enter into force on the date of signing and shall remain in force until both Parties have fully fulfilled their obligations under this Agreement.
6.2. The Customer may terminate the Agreement with the Service Provider by notifying the Service Provider no later than the penultimate day of the current month. Termination of the Agreement at the initiative of the Customer, in the absence of fault on the part of the Service Provider or due to the fault of the Customer, does not release the Customer from the obligation to pay the Service Provider for the Services provided to him until the termination of the Agreement, in accordance with the terms of the Rules.
6.3. The Service Provider shall have the right to immediately, without prior notice, temporarily restrict the provision of the Services (or part thereof) in accordance with the procedure and conditions set forth in the Rules, including:
6.4.1. if the Customer damages the Service Provider's equipment;
6.4.2. if the Customer fails to pay the Service Provider on time in accordance with the procedure set forth in the Agreement;
6.4.3. if the Customer's unlawful actions restrict the ability of other persons to use the services provided by the Service Provider;
6.4.4. if, due to circumstances beyond the Service Provider's control, the Service Provider is unable to provide the Services (including cases of municipal engineering network failures, force majeure circumstances, etc.);
6.4.5. if the Customer fails to comply with other provisions of this Agreement or the Rules.
6.5. The Customer has the right to terminate the Agreement unilaterally by notifying the Service Provider no later than 5 (five) business days in advance if the Service Provider, through no fault of the Customer, fails to provide the Services to the Customer for more than 30 (thirty) consecutive days. In the case referred to in this clause, the Service Provider shall refund the Client's monetary payments for the period during which the Services were not provided to the Client.
6.6. Termination or expiration of the Agreement shall not release the Customer from the obligation to pay the Service Provider for the Services provided until the date of termination of the Agreement.

6.7. The Service Provider shall have the right to unilaterally terminate the Agreement after notifying the Customer in accordance with the procedure and conditions set forth in the Rules, including if the Customer:
6.7.1. fails to comply with the essential terms of the Agreement;
6.7.2. repeatedly violates other terms of the Agreement or the requirements of the Rules;
6.7.3. is more than 30 (thirty) calendar days late in paying for the Services.

  1. OTHER PROVISIONS

7.1. If any provision of this Agreement is or becomes invalid in whole or in part, this shall not affect the validity of the remaining provisions of this Agreement. In such a case, the Parties undertake to make every effort to replace the invalid provision with a legally effective provision that has, as far as possible, the same effect as the invalid provision. If any provision of the Agreement conflicts with the terms of the Rules, the provisions of the Rules shall apply and prevail.
7.2. All notifications or other information from the Parties must be provided in writing and shall be deemed to have been duly delivered if sent by email or delivered by registered mail.
7.4. The Customer shall have the right to transfer all of its obligations under the Agreement to another person after full payment.
7.6. If this Agreement is concluded in electronic form by the Customer confirming the purchase of the relevant Services, such an agreement shall have the same force as an agreement concluded and signed in writing.
7.7. Any disputes, disagreements, or claims arising from or related to this Agreement shall be resolved through negotiation. If no agreement is reached within 30 (thirty) days, such dispute or disagreement shall be resolved in accordance with the procedure established by the laws of the Republic of Lithuania by applying to the Vilnius City District Court or the Vilnius City Regional Court. The body responsible for out-of-court dispute resolution: State Consumer Rights Protection Authority, Vilniaus g. 25, Vilnius, www.vvtat.lt, as well as http://ec.europa.eu/odr/.
7.8. The Customer declares that they have read the Agreement, the publicly announced Rules, and other published Terms of Service, agree with them, and undertake to comply with them.

  1. OTHER TERMS AND CONDITIONS

8.1. If these Terms and Conditions are concluded in electronic form when the Customer confirms the purchase of the relevant Services, such an agreement shall have the same force as a document concluded and signed in writing.
8.2. The Customer declares that they have read the Agreement, the publicly announced Rules, and other published terms and conditions of service provision, agree with them, and undertake to comply with them.