RULES FOR THE PROVISION OF E-INVOICE SERVICES
1. DEFINITIONS
1.1. For the purposes of this Agreement, the concepts capitalized shall have the following meanings, unless the context gives them a different meaning:
General Terms and Conditions – means an integral part of the Agreement, which establishes the general terms and conditions for the provision of Services applicable to all Clients;
Client – means a person who uses the Services provided by the Service Provider in accordance with the Agreement concluded with the Service Provider;
Payer – payer means any person who, on behalf of the Client, settles with the Service Provider in cash for the services provided by the Service Provider to the Client;
Service fee – means the amount payable by the Customer to the Service Provider within a calendar month for the Services provided;
Membership term – means the entire period of use of the Services;
Services – means the services of a sports club offered by the Service Provider;
Service provider – means the legal entity code 304954439 of the sports club brand "City Boxing", which is managed byUAB "Boksas for all", registered office address Perkūnkiemio str. 13-91, Vilnius;
Parties – means the Customer and the Service Provider together;
Rules – means the rules for using the Services, which are located on the Service Provider's website.
2. SUBJECT MATTER OF THE CONTRACT
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.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The Service Provider undertakes to:
3.1.1. to provide the Client with access to the fitness club's checkpoint no later than two hours after the Client has paid for the Services in accordance with the procedure set out in Clause 4.1.1 of the Agreement and has correctly provided all the required information on the Service Order Form;
3.1.2. to provide services qualitatively throughout the term of the Membership, except in cases provided for in the Agreement;
3.1.3. to ensure adequate protection of personal data provided by the Client in accordance with the procedure established by legal acts.
3.2. The Service Provider has the right to:
3.2.1 . in the event of a change in market conditions or legislation regulating the market, as well as in the event of other objective reasons, unilaterally modify the amounts payable and/or the provisions of the Agreement and/or the Terms and Conditions related to the provision of the Services, after informing the Customer thereof. The Client shall be informed in writing of changes to the terms and conditions of the Agreement and the terms and conditions relating to payment for the Services in advance, at least 1 (one) month before the date of the changes coming into effect. The Client shall be informed of changes to the provisions of the Terms and Conditions on the website www.cityboxing.lt.
3.2.2. to limit the provision of Services in the cases and in accordance with the procedure established in this Agreement and the Rules;
3.2.3. to demand from the Client to reimburse all costs related to the administration and recovery of the debt;
3.2.4. to accumulate and transfer to third parties engaged in debt collection activities information about the Client who has not settled on time.
3.3. The Client undertakes to:
3.3.1. to comply with the Rules and the terms and conditions of this Agreement;
3.3.2. to settle with the Service Provider in accordance with the procedure established in the Agreement;
3.3.3. use the Services for at least the duration of the Membership;
3.3.4. to provide the Service Provider with correct information and documents;
3.3.5. ensure that the Services are paid for by SEPA transfers throughout the term of the Contract. The Customer hereby agrees to receive bills for the Services electronically via the electronic billing system chosen by the Service Provider;
3.3.6. to ensure that during the term of validity of the Membership there are sufficient funds in the Client's bank account specified in the Special Terms and Conditions to pay the electronic account provided by the Service Provider;
3.3.7. in case of arrears, to reimburse the Service Provider all costs related to the administration and recovery of the debt;
3.3.8. to inform the Service Provider in writing of any change in his/her details no later than by the 1st of the following month.
3.4 If the Client fails to inform the Service Provider of a change in his/her contact details, the details shall be deemed to be correct and all correspondence sent to the contact details shall be deemed to be duly served..
3.5. The Client has the right to use other services provided by the Service Provider for an additional fee.
4. SETTLEMENT PROCEDURE
4.1. The Client shall pay for the Services provided with the Service Provider in the following order:
4.1.1. the First Instalment, calculated inclusive from the first day of use of the Services to the last day of the current month, the Client undertakes to pay the Service Provider by paying the E-Account basket on the www.cityboxing.lt website via the Paysera payment system, no later than until the first day of using the Services;
4.1.2. The Service Fee for the following months may be automatically charged using SEPA transfers from the Client's bank account specified in the Special Terms and Conditions according to the electronic invoice issued by the Service Provider.
4.2 The Client shall receive the Electronic Account in his/her electronic banking system on the 5th (fifth) calendar day of each current month. The Customer undertakes to ensure that the Service Fee is paid by the 11th (eleventh) calendar day of the current month.
5. LIABILITY
5.1. Each Party shall be obliged to compensate for the direct damage caused to the other Party by its guilty actions.
5.3. The Parties, in accordance with other provisions of this Agreement, agree and confirm that the compensation for losses, damages and expenses does not release the defaulting Party from further performance of its obligations under this Agreement.
5.4. The Service Provider shall not be liable for the non-provision or improper provision of the Services and /or for the damage caused to the Client by this, if it did not occur due to the fault of the Service Provider, as well as for the actions or restrictions of third parties applicable to the Client.
5.5. If the provision of services has been suspended due to the fault of the Client, the Client shall not be exempted from paying for the Services.
5.6. The remedies provided for in this Agreement do not limit the right of the Parties to use other legal remedies for their rights.
6. VALIDITY, AMENDMENT AND TERMINATION OF THE CONTRACT
6.1 The Contract shall enter into force on the date of signature and shall remain in force until the obligations assumed by both Parties under this Contract have been fully performed. The Parties agree that the Service Provider shall have the right to change the Service Fee in this case in accordance with the procedure set out in Article 3.2.1 of the Agreement. In order to terminate the Service Contract, the Customer must give notice of termination before the 1st of the following month. In the absence of notification, the Service shall remain active and the Customer shall be obliged to pay in the usual manner.
6.2 In the event of the Client's disagreement with an increase in the price of the Services or a material breach of the Agreement by the Service Provider, the Client shall have the right to terminate the Agreement by giving the Service Provider written notice not later than the 1st day of the following month.
6.3. The Client may terminate the Agreement with the Service Provider by notifying the Service Provider before the first day of the upcoming month. Termination of the Contract on the initiative of the Client without the fault of the Service Provider or due to the fault of the Client shall not release the Client from the obligation to pay with the Service Provider for the Services provided to him until the termination of the Agreement.
6.4. The Service Provider has the right to immediately, without prior notice, temporarily restrict the provision of Services (or part thereof) to the Client by informing the Client thereof in writing:
6.4.1. if the Client damages the Service Provider's equipment;
6.4.2. if the Client fails to pay the Service Provider on time in accordance with the procedure established in the Agreement;
6.4.3. if the Client's unlawful actions limit the ability of other persons to use the services provided by the Service Provider;
6.4.4. if due to circumstances beyond the control of the Service Provider, the Service Provider is unable to provide the Services (including cases when accidents of the city's engineering networks, force majeure circumstances, etc.) occur;
6.4.5. if the Client does not comply with other provisions of this Agreement or the Rules.
6.5 The Service Provider shall have the right to unilaterally terminate the Contract by giving the Client at least 5 (five) calendar days' written notice if the Client:
6.5.1. fails to comply with the material terms of the Agreement;
6.5.2. repeatedly breaches other terms of the Agreement or the Rules;
6.5.3. is more than 30 (thirty) calendar days late in paying for the Services.
7. MISCELLANEOUS 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 norm which, as far as possible, would have the same effect as the invalid provision.
7.2. All notices or other information of the Parties must be provided in writing and are considered to have been duly served in the event that they have been sent by registered or courier mail, fax or e-mail (after confirmation of receipt).
7.3. The Client has the right, with the written consent of the Service Provider, to transfer all his obligations under the Agreement to another person.
7.6. The Agreement shall be completed and amended only by written agreement of both Parties.
7.7. Any disputes, disagreements or claims arising out of or related to this Agreement, as well as issues of violation, termination or validity of this Agreement, shall be resolved by negotiation. If it is not possible to reach an agreement within 30 (thirty) days, such a dispute or disagreement shall be resolved by applying to the Vilnius City District Court or the Vilnius City District Court in accordance with the procedure established by the laws of the Republic of Lithuania.
7.9. By agreeing to this Agreement, the Client declares that he is familiar with the publicly published Rules and other published Terms and Conditions of Service Provision, agrees with them and undertakes to comply with them.