EL INTERNATIONAL LLC, (together with its associates – “ELI”, “we”, “our”, “us”) created a website with the address https://merchant-eli.com/ (hereinafter – “Site” or “Website”) in order to provide collection of payments for services listed on the Website. The website is owned and operated by EL INTERNATIONAL LLC, a company headquartered at Georgia, Tbilisi, Mtatsminda district, Revaz Tabukashvili Str., N 45, area N 7
This Terms of Service (hereinafter – “Terms”, “Policy”) is a public agreement which shall govern the relationship between you as a user and EL INTERNATIONAL LLC regarding the use of our services.
The Privacy Policy, which is an integral part of this Terms, contains provisions that explain our methods of processing the information you provide to us through the Website. The conditions of the Terms govern your use of our Site and your direct participation in the Services we provide to customers through our Website. The Privacy Policy and Terms apply to each user who accesses our Site (all users are collectively referred to as “you”); in particular, this applies to (a) random users who have not registered and have not created an account on the Site (hereinafter – “Site Visitors”), and to (b) users who have created an account on ELI Merchant in order to use the Website (hereinafter – “Registered Users”).
WE ASK YOU TO READ THIS DOCUMENT CAREFULLY BEFORE YOU VISIT THE SITE OR START USING THE SITE, OR BECOME PART OF OUR SERVICES. BY GOING TO THE SITE OR REGISTERING ON THE SITE BY CREATING AN ACCOUNT, YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH THE TERMS, SET OUT HERE, DO NOT USE OUR WEBSITE OR USE OUR SERVICES.
We reserve the right to make changes to these Terms regardless of time and without prior notice. In order to see if the Terms have been changed or not, you should check them regularly. The Terms come into force from the moment they are directly published and will be applied to users any time they access the Site or Services; therefore, your further use of the Services and the Website must also confirm your acceptance of any changes that have been made to the Terms. If the changes are significant, we will try to send you an appropriate notification through the website itself or by e-mail.
PURPOSE OF THE SITE
The site provides an opportunity to pay via credit card for the services listed on the Website, such as company registration, bank account opening, legal opinion preparation, legal consultations, accounting services, etc. With the help of our Site you can explore new opportunities for your business through familiarization with full list of services.
OUR SERVICES
The website allows clients to perform payments for the services they require, such as company registration, bank account opening, legal opinion preparation, legal consultations, accounting services, etc. Being a registered user gives you the ability to choose necessary services and perform the payment for it, unregistered user is only able to familiarize with the list of services. Each registered user only gets access to the Website to the extent that it is consistent with his/her relationship with ELI.
REGISTRATION PROCEDURE
To become a user of our Website and start using our services, you should create a user account.
To create an account on our Website you will have to provide E-mail address and create a password.
In order to full usage of Website abilities, you will be able to edit your profile with following information:
- Phone number;
- Name, last name;
- Documents*
*Note: all the documents provided by User will be safely stored on Google Disk. Required documents and their form depend on the service you may require.
User will be able to:
- Change names of previously provided documents;
- Upload additional documents.
User will not be able to:
- Delete any of previously provided documents. If you need to replace or correct any of uploaded documents, please contact us at office@eternitylaw.com
PAYMENTS FOR SERVICES
By registering and creating an account on our Website, you consent to the ELI payment policy below. We do not charge any subscription fees to become a user. You can choose on the Website any Service you may require and pay for it using your bank card. The payment will be charged in accordance with this Policy and the terms and conditions set forth in the separate agreement concluded between you and ELI, if applicable.
Payment for services should be made on a 100% prepaid basis. Services are provided only after full payment is received by us, if otherwise was not agreed in separate agreement between you and ELI.
Based on the fact that specific services listed on our website require annual prolongation, our website uses recurrent system of payments for that services. Accordingly, you can choose a one-time payment for the required Service, or choose the recurrent payments for a certain Service (i.e. annual fees for company maintenance, monthly fees for accounting and bookkeeping). In order to use recurrent system of payments, while making an order you should choose a column that states about annual renewal of specific service. This column also will indicate price for annual prolongation. By accepting an option of recurrent payments please make sure that on the date of the payment the relevant amount is available on your balance. You should keep your payment details up to date, otherwise in case of insufficient amount on your balance or invalid payment details, the relevant amount will not be charged and services will not be provided.
You agree that you will be responsible for any attorney fees, court costs and other expenses that can be incurred in recovering unpaid undisputed amounts for the Services. If your contact or billing information changes, you must notify ELI immediately. All financial information you provide will be used by us in accordance with the Privacy Policy.
While performing the payment, additional commission for converting or your’s bank fee may be applied, all of that expenses are paid by you.
Prior to make a payment, please make sure you contacted ELI to clarify all information related to provision of chosen service and included fees. Your fault to obtain all the necessary information cannot be a ground for requesting a refund. Refund can be provided only in certain cases, in accordance with our Refund Policy, which is an integral part of this Terms.
YOUR RESPONSIBILITIES
When you use this Site and the account you created, you agree not to do the following: try to damage the security or integrity of the Site, computer systems or ELI networks. In case of any breaches of security, ELI will directly report it to law enforcement officials and cooperate with these authorities in the future, providing them with all information about your identity; use the Site for other purposes or use it in a way that may cause disruption of its functionality, or limit abilities of any of the other users; make attempts to gain unauthorized access to materials other than those to which you have authorized access, or to the computer system that is the basis of this Website; enter data into this Site or upload files that may cause damage to a computer device or software of another person, or such Content that may be considered offensive or violating the law (in particular, materials that you are not authorized to use); generate links to the Site without obtaining prior written consent from ELI, or otherwise specified in these Terms; make attempts to modify, copy, reproduce, adapt, reconstruct, disassemble or decompile any computer programs that are used to operate this Site (except when it is necessary in order to use any of them to ensure normal operation, and except where it is permitted by law); try to impersonate another person using this Site; behave in an offensive, inappropriate and vulgar manner using this Site; create unauthorized associations between a business, person, organization, service or product and ELI; provide false data; use this Site for illegal purposes.
YOUR RIGHTS AND RESTRICTIONS
You will be able to use the Services offered on this Site only after you have created a user account on a Site. There is an age limit of 18 (eighteen) years. You are allowed to copy your account information and make copies of reasonable portions of this Site and the contents of your account and this Website. Creating an account on this Site, you will be required to provide a username and password.
If your password has not been used in any way or your security has been compromised in any other way, you must immediately notify ELI of this. You are solely responsible for controlling and monitoring the access and use of your password and your account. You are required to take all actions that ELI considers necessary to improve, ensure and maintain the security of ELI computer systems and networks, and access to the Services that have been provided to you. Only those users who are registered and have a valid password can access those areas of the Website that are password protected.
Any person who uses a username and password will be treated as that user. In particular, we will give this person all the privileges and rights that we would grant this Registered user. Responsibility for all actions taken will be imposed on the Registered user. That is why we recommend those users who have registered status keep their username and password in secret in order to avoid changing their identity. If you suspect that someone has used your username and password, notify ELI immediately. You must provide a guarantee that you have the consent of the person whose information you use and submit for processing to receive the Services, and for the use of such information by ELI, its agents or contractors.
EXECUTION OF SERVICES
You shall provide ELI with all documents and information necessary for rendering the services. While rendering the services ELI may rely on documents and information provided by you.
Execution of ordered services will not be implemented until ELI does not receive all the necessary information, documents and payments from you.
The Executor may engage any third persons for the performance of work under this Contract, however, subject to terms and conditions of keeping the business secret (confidential information) as provided for in this Terms. Approval or notification of the user of engagement of any third persons is not required.
DISCLAIMER
This Website is accessed and used “as is”. It is your sole responsibility to determine whether the Services provided are appropriate for the needs of your business, and are suitable for the purposes for which they are used. Prior to order a certain Service, we strongly recommend to contact ELI and receive a professional advice in order to determine a Service which fits your needs. If your still order a certain Service at your own discretion, you must release ELI from any liability for the quality of the Service provided and shall not claim any compensation for the above. In addition, you are responsible for your Use of the Services and for ensuring that your use of the Services complies with applicable laws. ELI does not represent or warrant that any results will necessarily be achieved by our Services. Every effort will be made to ensure the availability and proper operation of the Website, however, this is not a guarantee that the Website and the Services will always work properly and without error. In order to protect the Website from viruses, Trojans, worms and malware, we use standard security procedures and processes. However, we cannot guarantee that the Website will be completely free of malware and secure at all times. ELI is not responsible for inaccuracies, omissions or errors, as well as non-verified information provided by ELI, and for any of the actions taken by ELI in accordance with your instructions.
PERSONAL DATA & CONFIDENTIALITY
All information received from the Site users is collected, stored and used by us. Please read the Privacy Policy in order to get detailed information so that you can familiarize yourself with our methods of collecting and using your data. There you can also find information about your rights regarding access to information and correction of data stored by us. If these Terms conflict with the provisions of our Privacy Policy, the Privacy Policy shall prevail.
In order to ensure compliance with the Data Protection Law, you are the Data Subject, ELI is the Data Controller, and any third party or subcontractor involved in the provision of services to you is the Data Processor. In case you are a Broker or intermediary, then your clients will act as Data Subjects, you will be the Data Controller, and ELI will be the Data Processor. In doing so, you must provide a guarantee that you have all the relevant notices and consents allowing you to transfer Personal Data to you during the period of these Terms.
If we share Personal Information of other Data Subjects with you, we are collectively Data Controllers in accordance with the Data Protection Regulations. You agree that the processing of data will only be carried out in accordance with your duties and obligations that you have to the Data Subject. In addition, you warrant and agree that the data processing will be carried out in accordance with applicable and current data protection legislation. With regard to the Personal Data that will be used by us, we undertake: collect, use and store data in accordance with the provisions of our Privacy Policy, which is posted on our Website; keep records to show compliance with the Data Protection Act; immediately notify you that there has been a leak of information regarding your personal data.
You agree that ELI may engage third parties to process Personal Data and enter into a written agreement with any of such processors under the terms set out in this clause. Please read our Privacy Policy for more information.
ELI is obliged to keep confidential all data provided by the user, and not to use any information obtained under this Terms for the purposes directly or indirectly causing damage to the user. The confidential information shall not comprise any information classified by the existing legislation as public information and disclosure of which is a liability of the user.
USE OF COOKIES
ELI Merchant uses cookies. Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site. Cookies are typically stored on your computer’s hard drive.
We apply certain types of cookies to collect some information about our users. We also collect information about our user’s experience on our website using server logs and tracking pixels. Server log is a file where the activity of the website is stored. Tracking pixels are electronic snippets of code that allow us to accumulate information about our users on a website (how they browse, what type of ads they click on)
USER DISPUTES
You are solely responsible for the usage of your account, for your User Content, and for interactions with other Registered Users, both online and offline. We do not undertake any obligation to participate in disputes between Registered Users. You release ELI (in particular, all officers, agents, subsidiaries, directors, employees and affiliated parties) from any demands, claims for damages of any type (received or indirectly), unknown or identified that have arisen as a result of such a dispute or is somehow connected with it.
All disputes and controversies arising out of, under, or in connection with this Terms are to be settled by way of negotiation. In order for a dispute or a controversy to be submitted to the court the complaint settlement procedure should be observed.
In case the User believes that ELI by any action or inaction violates one or more articles of the Agreement, he has the right to submit a complaint to ELI.
The complaint should be submitted to ELI in the way described below.
The complaint should contain the following:
- The User’s name; and
- Date and time the problem occurred; and
- Description of disputable situation with reference to an article/articles of this Terms and/or a relevant regulation that the user considers violated.
The complaint must not contain the following:
- Emotional evaluation of the disputable situation;
- Offensive remarks;
- Expletives.
A complaint should be sent via the e-mail to ELI on office@eternitylaw.com within 10 days from the moment the User found out that his rights were violated.
ELI, having received a complaint, notifies the applicant via the electronic mail about the results of the examination within 14 working days from the date of receipt a complaint.
ELI has the right to reject a complaint in case it does not meet the requirements of this Agreement. All complaints are examined in compliance with this Agreement and/or relevant regulations.
The Parties shall use all reasonable efforts to settle through negotiations any disputes arising out of this Agreement, in connection with it or its violation, termination or validity.
Statement of claim may be filed to a court in case the dispute and disagreement was not settled or response to the complaint was not received within 30 days.
The user unconditionally:
- Consents that courts of Georgia have exclusive jurisdiction, which determines any legal proceedings in regard to the present Terms;
- Consents to the jurisdiction of the courts of Georgia;
- Renounces any kind of protest in regard to judicial settlement in any such court;
- Agrees to never claim that location of such courts is inconvenient, or that they are legally invalid in regard to the user.
The user agrees to fulfill requirements and execute the court’s decision.
GOVERNING LAW
This Policy shall be governed by and construed according to the laws of Georgia. For all matters not covered in this Terms, Parties shall be governed by the laws of Georgia.
Any disputes that may occur as a result of implementation of the present Terms and other agreements established between the Parties, are resolved in compliance with legislation of the Republic of Georgia.
OWNERSHIP. RESERVATION OF RIGHTS.
ELI and our licensors, who are protected by international copyright laws and other regulations regarding intellectual property, own the Services, Website and any related content of ELI. ELI and the persons who are our licensors retain all possible rights in relation to the Services, Website and ELI Content, excluding those provided to you in these Terms.
LIMITATION OF LIABILITY
ELI UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE AND TRANSFER, WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, ACTUAL, SPECIAL OR OTHER DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE, ELI SERVICES OR CONTENT.
INDEMNITY
You agree to defend, hold harmless and indemnify ELI and its affiliates, directors, subsidiaries, agents, officers and employees from third parties, including reasonable attorney fees as a result of or related to the fact that you have breached these Terms.
FORCE MAJEURE
The Parties are released of responsibility for partial or complete failure to fulfill obligations under these Terms if this failure was the result of force majeure circumstances, in particular, fire, strike, flood, earthquake, actions of state representatives, war, or other circumstances that do not depend on Parties. A Party that is unable to fulfill its obligations in accordance with the Terms must promptly, however, no later than 10 days after the occurrence of force majeure, notify the other Party in writing and provide supporting documents as an evidence of such circumstances occurred. The Parties fixed that the state of insolvency of one of the Parties is not regarded as a force majeure circumstance.
TERM AND TERMINATION
Term of this Policy starts to run from the date of the User makes acceptance of the Terms by clicking the “Register” button when creating a user account.
Termination of your relations with ELI is conducted by a mutual agreement of the Parties, taking into account that all outstanding fees to ELI are paid.
Your relations with ELI may be unilaterally terminated on the initiative of the ELI in the following cases:
– if you do not carry out your obligations in respect of payment for ordered services;
– if you do not provide information necessary for the performance by ELI of its obligations under this Policy;
– if you provide any facilities prevented ELI from performance of its obligations undertaken under this Policy;
– if you breach the terms of this policy or applicable laws;
– in any other cases specified in the laws of Georgia in force.
CHANGES TO THIS POLICY
In the event of changes made to this Policy, the modified version will be immediately published on the Website. You should regularly review this Policy. If the changes in this Policy are significant, we will do our best to inform you about the changes and to make such changes clearly introduced to you. If changes to this Policy are not significant, we will notify you of such changes by posting the updated Policy on our Website.
CONTACTS
ELI can be contacted by sending email to: office@eternitylaw.com
EFFECTIVE DATE
These Terms are effective on February 1, 2022.
