Regular payments offer

Limited Liability Company (SIA) ATAS, registration number 40203154738, VAT number LV40203154738, legal address 1 Katlakalna St., Riga, Latvia (hereinafter referred to as the Provider), offers the Users - individuals and legal entities, through the Provider's Website, to use the Recurring Payments Service (hereinafter referred to as the Recurring Payments Service) and to conclude this Contract (hereinafter referred to as the Contract), which is a supplement and an integral part of the License Agreement for ATAS trading and analytical software (hereinafter referred to as the Agreement).

The User unconditionally agrees to the Contract by expressing its consent to activate the Recurring Payments Service at the moment the User accepts the Contract and the Agreement, as well as by performing actions to activate the Recurring Payments Service.

1. TERMS AND DEFINITIONS

Recurring Payments Service — a service for regular automatic transfers of funds from the User's bank card, Cardholder or PayPal account in favor of the Provider, for the goods/services provided by the Provider under the Contract, based on the given unconditional consent of the User, in accordance with the tariffs for the Provider's goods/services, specified on the Provider's Website in the Prices section.
Agreement – bilateral License Agreement for "ATAS" software, concluded between the User and the Provider, under the terms of which the Provider undertakes to provide the Service/Good to the User, and the User undertakes to pay for them
Service/Good — a service/good from the Provider's range available on the Provider's Website in the Tariffs section, as well as in the Personal Account.
User — an individual or legal entity entering into the Contract with the Provider.
Bank/Processing Center – credit institution - JSC «Magnetiq Bank», registration number 50103189561, legal address: 54 Brivibas St., Riga, Latvia
Issuing Bank — a credit institution that issues Bank Cards and settles transactions made with the use of Bank Cards.
Request – an information message sent by the Bank/Processing Center to the Issuing Bank to transfer funds from the Bank Card in favor of the Provider and/or an information message sent by the Provider's Website to PayPal to transfer funds from the PayPal Account in favor of the Provider.
Cardholder – an individual or legal entity giving an order to the Issuing Bank and the Bank/Processing Center to transfer funds from the Bank Card on behalf of the User in favor of the Provider, using the Recurring Payments Service.
PayPal Account Holder – a natural or legal person who gives an order to transfer funds from the PayPal Account on behalf of the User in favor of the Provider, using the Recurring Payments Service.
Bank Card – a payment or credit card, the issuer of which is the Issuing Bank, which is a non-cash settlement instrument, designed for the Cardholder to perform transactions with funds on the User's/Cardholder's bank accounts with the Issuing Bank, or with the funds provided by the Issuing Bank on credit to the User/Cardholder in accordance with the legislation of the country of residence of the Issuing Bank, as well as the bank account agreement, or within the established limit, in accordance with the terms of the credit agreement between the Issuing Bank and the User/Cardholder.
Payment for the Provider's Services in accordance with the Contract is possible by Bank cards of VISA International, MasterCard International payment systems registered in accordance with the current legislation of the country of residence of the Issuing Bank, as well as by payment via PayPal. In this case, the possibility of using specific types of VISA International and MasterCard International cards is established by the Issuing Bank.
Provider's Website – website hosted on the Internet at the address https://atas.net/ and its subdomains.
Personal Account – a section of the Provider's Website, protected by an access control system, which provides the User with an interface for interaction with the Provider under the Agreement and the Contract.
User's e-mail address – the e-mail address that the User has specified in the Personal Account.
PayPal - an online payment system through which individuals and legal entities can make money transfers, as well as open accounts in any currency.
PayPal Account – a checking account with PayPal.

2. DESCRIPTION OF THE RECURRING PAYMENTS SERVICE AND METHODS OF ITS ACTIVATION

2.1 The Recurring Payments Service allows the User to pay for Services/Goods by regular automatic transfers of funds in favor of the Provider from the Bank Card and PayPal Account.
2.2 Activation (connection) of the Recurring Payments Service implies the following actions:
2.2.1 the User reads the terms and conditions and description of the Service/Good on the Provider's Website or in the Personal Account and proceeds to order placement. When placing an order, the User shall provide true and complete information about itself on the questions offered in the order form, keep this information up-to-date and agree to this Contract for the use of the Recurring Payments Service.
2.2.2 after selecting the payment method, a page with a form for verification of the Bank Card or PayPal Account opens, where the User enters the data of the Bank Card or PayPal Account. Upon verification of a Bank Card or PayPal Account, a small amount of funds may be debited and refunded to confirm the selected payment method.
2.2.3 if required, the User confirms the actions specified in the previous item on the WEB site of the Issuing Bank or PayPal by entering the requested information (user name, code, etc.).
2.2.4 upon successful verification of the Bank Card or PayPal Account, the User will have access to a free trial version of the selected Service/Good for 14 days. No fees will be charged during this time. If the free trial version of the selected Service/Good is not canceled before its expiration date, it will be automatically converted into a paid subscription and further charging will take place in accordance with the billing period selected by the User at the time of subscribing to the selected Service/Good.
2.3 Verification (activation) of the Bank Card or PayPal Account issued in the name of another person is carried out solely on the User's own responsibility, i.e. the User guarantees that he/she has received the relevant consents from the respective Cardholder or PayPal Account Holder and assumes full responsibility for such actions in relation to the respective Cardholder or PayPal Account Holder and in relation to the Issuing Bank/PayPal.
2.4 Not later than 7 (seven) calendar days before the date of the planned debiting of funds for the selected Service/Good, the User will receive a notification at their e-mail address. This notification will contain a description of the selected Service/Good, the date and amount of the debiting via the Recurring Payments Service, and a link to instructions for disabling the Recurring Payments Service.

3. OPERATION OF THE RECURRING PAYMENTS SERVICE

3.1 After the end of the free trial period of the selected paid Service/ Good, money transfers will be made from the User's Bank Card or PayPal Account in the amounts necessary for the proper fulfillment of the User's obligation under the Agreement and the Contract, according to the tariffs for the purchased Service/ Good.
3.2 The User may not use the free trial version of the selected paid Service/Good for 14 days but may purchase the Service/Good immediately or after some time. In such case, after connecting the Recurring Payments Service and making the first payment from the Bank Card or PayPal Account, money transfers will be made in the amounts necessary for proper fulfillment of the User's obligation under the Agreement and the Contract, according to the tariffs for the purchased Service/Good, and the Provider will accrue the unused days of the free trial version of the selected paid Service/Good as a bonus to the selected paid Service/Good.
3.3 If the User decides to cancel the confirmed payment method during the validity of the free trial of the selected Service/ Good, the provision of the Service/ Good will be automatically discontinued in accordance with the terms of the Agreement and the User will have access to a free Start plan.
3.4 If the User cancels the selected paid tariff plan before the end of the current paid period, the paid tariff plan selected by the User will remain active until the next payment date. After the due date, if payment is not received by the Provider, use of the selected Service/Good will be discontinued in accordance with the terms of the Agreement and the User will revert to the free Start plan.
3.5 In case of payment by the Bank Card, direct debiting of funds is performed by the Issuing Bank on the basis of the User's/Cardholder's prior consent to such debiting in the amount specified in the Contract (see item 3.1).
3.6 In case of payment via PayPal, direct debiting of funds is performed by the Provider on the basis of prior consent of the User/ PayPal Account Holder for such debiting in the amount specified in the Contract (see item 3.1).
3.7 Funds are debited from the Bank Card/PayPal Account no later than on the date specified in the notification in accordance with item 2.4. of the Contract. In case of an unsuccessful attempt to debit the funds, the Provider has the right to repeat the Request to debit the Bank Card/PayPal Account. Money for the Good/Service shall be debited according to the tariffs set on the Provider's Website in the Prices section and in the Personal Account on the day of debiting.
3.8 In case of payment by the Bank Card, the Request for funds transfer with indication of the transfer amount to the Issuing Bank shall be transferred by the Bank/Processing Center within the framework of the agreements concluded with the Provider.
3.9 The User can have the Recurring Payments Service activated (connected) for only one payment system at a time: VISA International or MasterCard International Bank Card.
3.10 The Provider does not store or process Bank Card/PayPal Account data, as well as other personal data of the User, providing only Requests for the repeated transaction on the Bank Card/PayPal Account.
3.11 The Provider shall not guarantee the possibility of carrying out transactions by the payment method chosen by the User, as it is beyond its competence.
3.12 Completion of actions stipulated in item. 2.2. of the Contract is recognized as an equivalent of the User's handwritten signature.
3.13 Connection of the Recurring Payments Service in accordance with the procedure provided for in the Contract shall be carried out only if the Provider, the Bank/Processing Center, the Issuing Bank, PayPal are technically able to do so. The Provider, the Bank/Processing Center shall not be liable for failure to connect the Recurring Payments Service.
3.14 The Provider has the right to amend the Contract by notifying the User in writing or in any other available way, including by sending a message to the User's e-mail, or by posting information in the User's Personal Account.
3.15 The User is responsible for any applicable taxes, duties, bank or payment service provider fees, or additional fees associated with the transaction. The User agrees to fully and accurately provide the required information at checkout and to be responsible for ensuring that payment information is current, complete and accurate. All payments are processed by the third-party payment gateways. The Provider is not responsible for payment processing.
3.16 By accepting the terms and conditions of the Agreement and the Contract, the User expressly and unambiguously agrees that the Service/Good is a digital content and is available to the User immediately, thereby the User confirms that it waives its legal right to the refusal of the Service/Good provided to it and the refund. The User may discontinue use of the Service/Good by contacting the Provider. The Provider has the right to decide on a refund to the User if the User stops using the Software within fourteen (14) days after the first payment made by the User to the Provider. The paid tariff plan selected by the User will be canceled on the day of confirmation and/or refund by the Provider.

4. DISCONNECTION OF THE RECURRING PAYMENTS

4.1 Disconnection (refusal) of the User from the Recurring Payments Service is performed:
a) in the Personal Account, where the User selects the section "Payment Methods", "Actions", "Cancel Auto Renewal".
b) by clicking the hyperlink in the Provider's notification sent to the User's e-mail address. In this case, the User is redirected to " Personal Account", where the User selects the section "Payment Methods", "Actions", "Cancel Auto Renewal".
4.2 In case of disconnection (refusal) of the User from the Recurring Payments Service, the funds transferred from the Bank Card/PayPal Account before disconnection (refusal) of the User from the Recurring Payments Service for the Services/Goods shall be returned to the User only in the cases specified in the Agreement.

5. LIMITATIONS ON USE OF THE RECURRING PAYMENTS SERVICE (when paying by the Bank Card)

5.1 No more than one transfer can be made from one Bank Card per day.
5.2 No more than 2600 EUR can be transferred from one Bank Card within one transaction.
5.3 No more than 2600 EUR can be transferred from one Bank Card per day.

6. LIABILITY OF THE PARTIES

6.1 The Provider, the Bank/Processing Center shall not be liable for inoperability and/or temporary inoperability of the Recurring Payments Service. The User shall independently control the fulfillment of its obligation to pay under the Contract.
6.2 Disputes of the Parties arising from the fulfillment of the terms and conditions of the Contract shall be settled in the course of negotiations.
6.3 If the Parties fail to reach a mutual agreement, disputes between them shall be settled in accordance with the terms and conditions of the Contract and the Agreement in a court of general jurisdiction of the Republic of Latvia, in accordance with the applicable laws of the Republic of Latvia.

7. MISCELLANEOUS

7.1 By performing actions on connecting the Recurring Payments Service:
a) The User unconditionally agrees to all the terms and conditions of the Contract.
b) The User guarantees that it has received prior consent from the Cardholder or PayPal Account Holder for the Provider to debit the Bank Card/PayPal Account on the terms and conditions of the Contract.
c) The User gives his/her prior consent for the Provider to debit the Bank Card/PayPal Account on the terms and conditions of the Contract.
d) The User authorizes the Bank/Processing Center to store, collect and process the personal data contained in the Bank Card for the purpose of implementing the Contract.
e) The User authorizes the Provider to store, collect and process personal data, which contains the payment received from the PayPal Account, for the purpose of implementing the Contract.
f) The User agrees to pay for the Services/Goods in accordance with the terms and conditions of the Contract.
7.2 The Provider has the right to disconnect and/or restrict the User from the Recurring Payments Service by notifying the User by sending an appropriate notification to the User's e-mail address or by posting information in the User's Personal Account.
7.3 The rights and obligations of the User and the Provider arising from the Contract may not be transferred to the third parties without the written consent of the other party.
7.4 I, the User, have familiarized and agree with the Contract for the use of the Recurring Payments Service with automatic debiting of funds from the Bank Card/PayPal Account for the Provider's Services/Goods under the Contract.

As revised on July 23, 2024.