Terms and Conditions
General provisions and definitions
Classberry Service (hereinafter the Service) is an internet website located at www.classberry.org, designed to automate business processes in organizations that provide educational and development services.
Organization (or Client) is an individual or legal entity that has a registered account in the Service and a separate website located at an address of the form "aaa.classberry.org", where "aaa" is the subdomain of the Organization specified during registration.
Subscription is a permission issued by the Organization to a Visitor, allowing the Visitor to attend training sessions held in the Organization.
Attendance is the fact of a Visitor being present at a session in the Organization under a Subscription.
Payment is a monetary payment made by the Visitor when purchasing a Subscription, or depositing funds into the Organization’s cash desk for other services. Payments other than those for Subscriptions are determined independently by the Organization and are not related to the rules for accepting payments for Subscriptions.
Employee is a person who holds a specific position and performs certain functions within the Organization related to visitor records and the Classberry system. The Employee has their own account to work in the system.
SMS service is a third-party company with which the Service has entered into an agreement for sending SMS messages.
Sender Name is a word consisting of Latin characters, displayed in the "From" field for recipients of SMS messages when the Organization sends SMS campaigns. It is used for marketing purposes to identify the Organization to the recipient.
Business processes include the following processes occurring within the Organization (but are not limited to):
- visitor management (creation, editing, deletion of a visitor);
- management of Visitor Subscriptions (issuance, freezing, deletion, archiving);
- attendance tracking (marking, deletion of attendances);
- accounting of Visitor payments for Subscriptions, as well as other types of payments defined by the Organization;
- accounting of Visitor debts when purchasing Subscriptions, as well as when making other payments;
- management of Organization Employees, assignment of their roles;
- SMS notifications to Visitors as part of marketing campaigns or as announcements of changes;
- collection of business statistics and generation of reports on Visitors, Attendances, Subscriptions, and Finances for the Organization registered in the Service.
Rights and obligations of the parties
The Service undertakes to:
- provide the Organization with a website hosted on a separate domain assigned to the Organization;
- provide the Organization with free access to the Service for the agreed period;
- maintain the confidentiality of information received from the Organization, as well as information stored in the Service as a result of its activities;
- carry out settlements with the Organization in a timely manner in accordance with these rules, as well as the document describing system pricing;
- provide a custom Sender Name in the SMS service upon the Organization’s request, if this name is not already taken by others;
- monitor the account status in the SMS service so that Organizations can send SMS messages without interruptions;
- provide the Organization with a detailed guide to the Service;
- assist the Organization in performing the basic setup of the Service;
- conduct training for a maximum of two Employees of the Organization.
The Service has the right to:
- publish on the official website www.classberry.org information that the Service cooperates with the Organization; upon prior agreement with the Organization, publish the Organization’s logo on the official website;
- block the Organization’s account in case of failure to comply with the terms described in the system pricing document;
- block the Organization’s account if the Organization engages in spam distribution;
- block the Organization’s account without stating reasons, while the Organization’s internal balance may be canceled without refunding the remaining funds;
- disable one or more additional modules connected by the Organization in case of failure to comply with the terms described in the system pricing document;
- unilaterally revise the pricing policy for services, make changes and additions to existing тарифів, as well as introduce new pricing plans;
- unilaterally change the terms of these Terms and Conditions without prior notice to the Organization.
The Organization undertakes to:
- comply with the rules established by the Service;
- make timely payments for the services provided;
- not send SPAM via SMS and email campaigns, as well as messages containing obscene language and/or that may be offensive;
- monitor the Organization’s data such as address, phone, e-mail, name of the responsible person, and update them in the Service in a timely manner in case of changes;
- monitor its Employees, independently train new Employees, and timely remove accounts of dismissed Employees from the Service; the Service administration is not responsible for damage caused to the Organization by its Employees;
- independently monitor news and announcements posted on the Service website, as well as review possible changes to these Terms and Conditions.
The Organization has the right to:
- contact the Service administration with a request to restore access to the Service, while the Service may refuse to fulfill the request without explanation;
- request training on the Service for the Organization’s Employees from the Service administration, while the Service may refuse to fulfill the request without explanation;
- contact the Service technical support to resolve any issues related to the operation of the Service.
Special conditions and liability of the parties
The Service does not guarantee absolute uninterrupted operation.
The Service is not responsible for possible losses of the Organization and other consequences arising from the use or inability to use the Service.
If due to the fault of the Contractor the Service was unavailable to the Customer for more than 5 (five) consecutive days, the Contractor undertakes to refund the Customer part of the funds paid by the Customer for those days when the Customer could not use the Service due to the fault of the Contractor.
To receive a refund, the Customer must contact the Contractor with a paper letter stating the request for a refund. The letter must be printed and include the Customer’s company details, as well as the position, full name of the responsible person, signature, and seal. The letter may be sent electronically (scan copy) via email with a digital signature.
Refunds are made only for the days when the Service was actually unavailable due to the fault of the Contractor. The period for which the refund is made may be adjusted individually and is agreed upon by the Parties in each specific case.
The Contractor undertakes to return the funds within 10 (ten) business days from the date the refund decision is made. The date of the refund decision is considered the day when the Contractor communicates their consent to the Customer. Consent must be оформлена by one of the following methods: a paper letter signed and stamped by the Contractor; an email sent from the official administrative email of the Contractor (admin@classberry.org); a scanned copy of a paper letter sent from the official administrative email of the Contractor.
Any disputes related to the Service are resolved through negotiations between the Service administration and an authorized representative of the Organization. If it is impossible to resolve the issue through negotiations, the matter is resolved in court in accordance with the current legislation of Ukraine.
Prohibited:
- when sending SMS and email campaigns, direct or indirect insults to anyone, including based on nationality, ethnicity, race, or religion, obscene language, or any offensive behavior towards all participants of the Service;
- any actions prohibited by the legislation of Ukraine, as well as the country in which the Organization is registered.
All resources of this website, including text and graphic content, structure and design of pages, are protected by international laws and agreements on copyright and intellectual property protection.
Materials posted on this website are prohibited from being used for any purpose without prior approval from the Service administration. In case of approved placement of any materials from this website on the Internet, it is mandatory to preserve all copyrights, as well as to place an active hyperlink to the website www.classberry.org.
The terms of this provision are fully accepted by the Organization and come into force from the moment of registration in the Service.
Service providers:
The Service is provided by individuals and/or legal entities specified on this page.