This User Agreement governs the relations between an individual or a legal entity (herein the User) on the one part, and Formularclick OÜ (herein Formularclick OÜ) on the other part, (herein the User and Formularclick OÜ and jointly the Parties), in the internet environment Formularclick (herein Formularclick).
When registering and using Formularclick, the User confirms that:
- he/she is at least 18 years old
- based on legislation, he/she has all permissions to use Formularclick
- he/she has read the terms of this Agreement, agrees to them and undertakes to comply with them
- he/she has read additional terms of Formularclick, agrees with them and undertakes to comply with them
1.1. Formularclick is an internet environment located online at www.formularclick.com (including any other web page owned by Formularclick), subpages, pages on social media and other pages, including those which belong to Formularclick OÜ with Registration number 11511100.
1.2. User is an individual or a legal entity registered with Formularclick (including on other web pages owned by Formularclick).
1.3. Account is an online account of an individual or legal entity on Formularclick.
1.4. Service provided to the User by Formularclick OÜ is a service (including a service allowing to use Formularclick, which means registering an account (Formularclick Account), and to fill in German documents in the English language, with a subsequent finalisation of completed documents in the German language).
1.5 The Price List is a document which lists fixed prices for the services provided by Formularclick OÜ.
1.6. Working Day is a calendar day (from Monday to Friday from 9:00 am to 17:00) which is not a non-working day, public or national holiday.
1.7. User Agreement is this document which governs the relations between Formularclick OÜ and the User as well as sets out legal basis.
1.8. The Terms are an integral part of this document.
1.9. Additional Terms are an integral part of this document: confidentiality agreement, price list
1.10. Legislation is a law which is in force in the Republic of Estonia.
2. Liability, Rights and Obligations of Formularclick OÜ
2.1. Formularclick OÜ shall not be liable for incorrect or wrong information transmitted through the Formularclick website by the User when filling in the documents which led to the documents being devoid of legal force or other meaning.
2.2 Formularclick OÜ shall not be liable for any disputes between Users of the Formularclick website and financial, commercial, social and other organisations and institutions, including court proceedings, claims and legal actions.
2.3 Formularclick OÜ shall not be liable under any circumstances for any damage arising out of using or inability to use the services provided.
2.4. Formularclick OÜ shall be entitled to unilaterally change the Terms which shall be effective from the moment they are published on the Formularclick website.
2.5 Formularclick OÜ shall be entitled to limit or block access of Users if such Users cause damage to the Formularclick website, give rise to any legal issues, break laws, rights of intellectual property or any other agreements (including breaches listed in Paragraph 9.1), and charge penalties, claim repayment of damages (lost opportunity and any costs in relation to disrupted commercial activities).
2.7. Formularclick OÜ shall be entitled not to respond to User’s correspondence and ignore requests, claims or demands which contravene legislation, these or additional terms of the Agreement.
2.8. Formularclick OÜ shall ensure the performance of the services listed in the Price List.
3. Liability, Rights and Obligations of the User
3.1. The User is independently liable for providing false details about himself/herself on the Formularclick website.
3.2. The User shall duly act on the Formularclick website according to these terms, under the current legislation in Estonia.
3.3. The User shall use the Formularclick website under these terms.
3.4. The User shall immediately inform Formularclick OÜ about all and any issues in relation to using the Formularclick website.
3.5. The User shall inform Formularclick OÜ of any circumstances which may hinder due compliance with these terms.
3.6. The User shall not use any automated software for collecting or accessing information on the Formularclick website.
4. Liability of the Parties
4.1. In the event of failure to perform or duly perform obligations under this Agreement, the Parties shall be liable under the legislation.
5.1. The User shall give Formularclick OÜ consent to process, use his/her personal data and send messages.
5.2 The User shall have the right to unsubscribe from messages from Formularclick OÜ at any time.
5.3. Formularclick OÜ shall not disclose the User’s personal data to third parties, except in instances under the legislation.
6.1. Formularclick OÜ shall send the User personal messages depending on the content of the intended message to an email address specified by the User or through to the member area. Such messages shall be deemed received by the User five (5) working days after they were sent.
7. Dispute Resolution
7.1. Formularclick OÜ and the User shall follow the legislation.
7.2. Any disputes shall be resolved by negotiation. If this is not feasible, the dispute shall be resolved in the County Court of Harju in Estonia.
8.1. Any term of this Agreement shall be interpreted in conjunction with other terms of the same Agreement, each with the meaning arising out of this Agreement as a whole. When interpreting the terms, the preferred interpretation is that which makes the term of the Agreement legal or valid. If in doubt when interpreting an expression which can have more than one meaning, the meaning relevant to the essence of the terms and their purpose should be used.
9. Breaches of the Agreement
9.1. The following shall be breaches of the Agreement:
9.1.1. Using facilities to complete German documents provided by the Formularclick website to mislead or deceive financial, commercial, social and other organisations and institutions (including personal information and data);
9.1.2. Transferring the account to a third party without a prior permission from Formularclick OÜ;
9.1.3. Spreading computer viruses and other technologies which may harm the Formularclick website or interest and property of its Users.
9.1.4. Using explicit language when communicating with the Formularclick admin;
9.1.5. Any other actions which harm the reputation of the Formularclick website in the eyes of other Users, disrupt the correct functioning of the Formularclick website (including reducing security and number of active users), diminish the quality of services and revenue of Formularclick OÜ as well as violate the interests and rights of other Users.
9.2. In the event of breaches of the Agreement the User shall repay Formularclick OÜ lost opportunity and costs in relation to disrupted commercial activity, and pay penalties. Payment of penalties shall not relieve the party from performing its obligations.
10. Other Terms
10.1. If any terms of this Agreement happen to contradict legislation, other parts of the Agreement shall be valid. The identified contradiction to the legislation shall be replaced by Formularclick OÜ with the terms which comply with the relevant legislation and which are most appropriate for the initial terms.
10.2. The Obligations specified in these Terms are performed within the timescales specified by the Terms, and if no timescales are specified – within five (5) working days from the moment the User or Formularclick OÜ makes relevant requests.
10.3. If the Formularclick website did not work for technical reasons, leading to the User being unable to use the service acquired from Formularclick OÜ, Formularclick OÜ shall allow the User to finalise the document or receive a refund on the basis of a written request filed no later than thirty (30) days from the moment the Formularclick website has resumed working. The request shall be processed within twenty (20) working days.
10.4. If the User is convinced his/her account was blocked by Formularclick OÜ unfairly, the User shall be entitled to file an explanation letter to Formularclick OÜ. The letter shall be processed within twenty (20) working days. If Formularclick OÜ reconsiders its decision in favour of the User, his/her account shall be unblocked. Formularclick OÜ shall be entitled not to respond to the letter.
10.5. The operation of this Agreement shall not be affected by the fact that the Parties have not agreed on the terms which are essential to defining their rights and obligations, and shall allow to presume that the Agreement would have been concluded without these terms not agreed on. In this event an applicable term is the one which takes these circumstances into account and is reasonable, based on the wishes of the Parties, essence and purpose of the Agreement as well as good faith.
11. Cost of Services and Payment
11.1. Registration is free of charge. Use of other services is based on the Price List. The User shall familiarise oneself with the Price List. Formularclick OÜ reserves the right to change prices for its services at any time without prior notice.
11.2. Payment for services can be made by various methods. The User shall be responsible for following the guidance for payment correctly, and in the event of any incompliance, Formularclick OÜ cannot guarantee the funds being credited. Third party payment systems may at times work incorrectly and in this event Formularclick OÜ shall not be liable for any losses arising out of inability to credit funds.
11.3. In the event of payment difficulties, the User should contact technical support.
12. Agreement Termination and Withdrawal
12.1 This Agreement shall be terminated automatically with the User account being blocked, but it does not relieve the User from performing its obligations arising out of this Agreement.
12.2. Formularclick OÜ shall be entitled to unilaterally withdraw from this Agreement, blocking the User’s account if the User does not perform his/her obligations, under the terms of this Agreement to request that the obligations are performed, ask to pay penalties and file a claim to County Court in Harju, Estonia.