Sportgates

E-contract Agreement

GENERAL PROVISIONS OF THE AGREEMENT OF SPORTS CLUB SERVICE PROVISION

  1. Concepts:

1.1. Concepts, written in a capital letter, have the following meanings, unless a different meaning to them is provided by the context:

1.1.1. General provisions – these standard provisions of the sports club’s service provision agreement, which provide the provisions of Service providing general to all Clients.

1.1.2. Electronic bill – the bill, provided to the bank for the Services, for it to perform automatic payment.

1.1.3. Client – person, purchasing the Membership of the determined period or a single-visit ticket or trying the Services of the Sports club for free in the order provided by the Sports club.

1.1.4. Membership – the right of the Client to visit the Sports club for a determined period and to use the Services of the Sports club, depending on the purchased Membership type.

1.1.5. Services – trainer hall services provided by the Service provider and other additional Service agreed on by the Parties.

1.1.6. Service provider (Sports club) – Praktiškas UAB, legal entity code: 304157233, residence address: Taikos Ave. 141, LT-91284 Klaipėda, managing the sports clubs marked with SportGates, settlement account No.: LT157300010145468164, bank: Swedbank AB, bank code: 73000.

1.1.7. Special provisions – a composite part of the Agreement which determines the provisions of Service providing to the Client and Client’s choices.

1.1.8. Agreement – General provisions and Special provisions with all their annexes and agreements regarding the change and supplementation.

1.1.9. Website – website managed by the Service provider which is available on www.sportgates.lt.

1.1.10. A Party – Service provider or Client.

1.1.11. Parties – Service provider and Client together.

1.1.12. Rules – the rules of the Sports club which provide the order of the usage of the Sports club and with which the Client gets acquainted in the Website, Sports club and which the Client has to follow.

 

  1. Object of agreement

2.1. The Sports club undertakes to provide the Services to the Client in the order and terms provided in this Agreement and Rules, and the Client undertakes to properly and on time to settle with the Service provider.

 

  1. Rights and duties of the Parties

3.1. The Client has the right:

3.1.1. following the Rules and this Agreement, to use the services of the Sports club in the time provided by the Membership;

3.1.2. following the requirements indicated in the Rules, to suspend the Membership;

3.1.3. to terminate this Agreement in the order provided in it.

3.2. The Client undertakes:

3.2.1. to follow the provisions of this Agreement and the Rules;

3.2.2. to settle with the Sports club for the Services in the order determined in this Agreement;

3.2.3. when making payments under SEPA or STRAAL transfers, to guarantee that the Client’s bank account, indicated in the Special part, has enough funds to pay for the Services;

3.2.4. to provide correct documents and information to the Service provider. The Client is responsible for the correctness of provided documents;

3.2.5. to compensate all damage incurred by the Sports club for the non-compliance of the Agreement and/or Rules;

3.2.6. to inform the Service provider in written about the change of own data, indicated in Special provisions, in the order provided in the Agreement.

3.3. The Sports club has the right:

3.3.1.  to unilaterally change the tariffs of the Services or provisions of the Agreement informing about this the Client 30 (thirty) days in advance in public, providing the information in the premises and/or Website of the Sports club, after the change in market conditions or legal acts regulating the market, also, in case of other objective grounds. In such case, the Client can terminate the Agreement in the order provided in the Rules;

3.3.2. to suspend the provision of the Services in the cases and order provided in this Agreement and Rules;

3.3.3. to determine the minimal period of the use of the Services.

3.4. Sports club is obliged to:

3.4.1. provide Services following the provisions of this Agreement;

3.4.2. guarantee the Service provision to the Client during the Membership, except for the cases provided in this Agreement. The beginning of the Membership period is indicated in the Special part. It is possible to start using the Services from the indicated date only if it is already paid for them.

3.4.3. To guarantee proper protection of provided personal data.

 

  1. Payments

4.1. The Client can settle for the Services in the ways indicated below:

4.1.1. using the debit card in the administration of the Sports club (if it is in a specific Sports club). Cash is not accepted in the Sports club;

4.1.2. via the bank transfer or debit card if the Membership is purchased in the Website, after connecting to the Client’s account;

4.1.3. via the bank transfer or debit card in the Clients’ self-service kiosks, present in the Sports clubs;

4.1.4. using the automatic debiting, using SEPA transfers from the Client’s bank account, indicated in Special provisions, according to the electronic bill issued by the Service provider;

4.1.5. using the automatic debiting, using STRAAL transfers from the Client’s bank account when the Client indicates the data of own bank credit or debit card in the Special provisions;

4.2. The Client pays the indicated price for the Services to the Sports club not later than the first day of the Service usage (before beginning to use the Services). After selecting the Membership, the Client pays for the Services (or the funds are debited automatically) to the Service provider every month, till the 10th day of every month for the whole Agreement validity period (the Client has to guarantee that on the day of the Service payment debiting, the settlement account or debit card account has enough funds). If the Membership is bought in the Sports club, the Client has to pay single 5 € (five euros) administration fee. In that case, if the Membership is purchased or monthly payment is paid on the Internet in the Website or Clients’ self-service kiosks, the Client has to pay the administration fee of 0,95 €. After the Client fulfils the duties indicated in Clause 4.3. of the Agreement, the Client will be able to make other payments under SEPA or STRAAL transfers.

4.3. The Client is recommended to pay for the Services via SEPA or STRAAL transfers.

4.3.1. The Client, selecting SEPA payment, has to:

4.3.1.1. indicate correct data in the Special part and to agree that the Service provider sends electronic bills for the Membership according to the provided data;

4.3.1.2. conclude the electronic bill account with the selected bank;

4.3.1.3. guarantee that the indicated bank settlement account has an enough amount of monetary funds for Service payment;

4.3.1.4. allow the Service provider to perform the automatic debiting for the Services using SEPA transfers according to the electronic bill issued by the Service provider.

4.3.2. The Client, selecting STRAAL payment, has to:

4.3.2.1. indicate correct data in the Special part and allow the Service provider to perform automatic debiting for the Services using STRAAL fund debiting;

4.3.2.2. guarantee that the indicated account, related to the debit card, has an enough amount of monetary funds for Service payment;

4.4. If the 10th (tenth) calendar day of the current month is a day off or holiday day, then the payment is debited the next working day. If the Client’s bank account has not enough funds for debiting the sum to be paid, it is tried to debit this sum 3 (three) days in a row after the 10th day of the current month. If during the indicated term there are not enough funds for debiting the sum to be paid and the Client does not immediately pay the debt in other ways of payment, indicated in Clause 4.1, Service provision is suspended and the Client’s Membership is blocked (the Client cannot use the Services). In such case, the Service provider has the right to terminate the Agreement following its Clause 5.5.

4.5. The Client’s payment is considered accomplished on the day of including of monetary funds in the Service provider’s settlement account.

4.6. If the payments, received from the Client, are not enough to cover the whole debt for the Services, the received payments first cover the oldest debt.

 

  1. Validity of the Agreement and termination provisions

5.1. The Agreement comes into effect from the moment of its signing and from the first day of the registration on the Sports club, as indicated in the Rules, and is valid till complete accomplishment of the liabilities undertaken by both Parties with this Agreement.

5.2. The term of 12 (twelve) months is considered the shortest term which binds the Client to use the services of the Sports club on purpose of using the discounts applied for the Membership. After the end of the Membership and in case of its extension, General provisions (relevant edition), valid during the extension day and announced in the Website of the Service provider, are applied.

5.2.1. After the end of the minimal agreement term, indicated in Clause 5.2. of the agreement, the agreement becomes termless and can be terminated under the provisions indicated in Clause 5.3.

5.3. The Agreement can be terminated at any time in the cases provided below:

5.3.1. after selecting the Membership with the minimal period of usage of 12 (twelve) months, the Client can terminate the Agreement with the Service provider only after informing the Service provider in 30 days in advance from the desired day of termination.

5.3.2. After selecting the Membership without a minimal period of usage, the Client can terminate the Agreement with the Service provider after informing the Service provider not later than 30 (thirty) days in advance till the day of the Agreement termination indicated in the Client’s letter.

5.4. The Agreement is terminated after providing the written application in the Sports club, sending the application in written via the mail to the Service provider’s address and attaching the properly certified copy of the personal identity document, as indicated in the Service provider’s Personal data management rules or Privacy policy (the copy of personal document has to be certified by the notary), or electronically, by signing the application with a safe electronic signature.

5.4.1. All discounts (their sum), applied to the Client for the Services, indicated in the Special part, in the period from the day of the Agreement signing till the day of its termination, as indicated in Clause 5.3 of the Agreement;

5.4.2. for SEPA or STRAAL transfers, taxes paid to the banks for the period during which the Service provider provided and the Client paid the bills in such way;

5.4.3. compensation for disease or other period of Membership suspension.

5.5. The Service provider has the right to immediately, temporarily restrict (suspend) the Service provision (or part of it) by informing the Client about this in written:

5.5.1. if the Client damages the Service provider’s equipment;

5.5.2. if the Client does not settle with the Service provider on time in the order provided in the Agreement;

5.5.3. if the Client’s illegal acts restrict the possibility of other people using the services provided by the Service provider;

5.5.4. if, because of the circumstances, not depending on the Service provider, the Service provider cannot provide the Services (including the cases when there are engineering network accidents, force majeure, etc.);

5.5.5. if the Client does not follow other provisions of this Agreement or Rules.

5.6. The Service provider has the right to unilaterally terminate the Agreement informing the Client about that in written not later than 14 (fourteen) days in advance, if the Client:

5.6.1. does not follow the basic provisions of the Agreement;

5.6.2. is late to settle for the Services longer than 14 (fourteen) calendar days.

5.7. Termination of the Agreement or its ending does not pardon the Client from the duty of settling with the Service provider for properly provided Services till the day of the Agreement termination.

 

  1. Liability

6.1. Every Party to the Agreement has to compensate the other Party direct loss emerging because of its actions.

6.2. If the Client does not settle with the Service provider on time, the latter has the right to demand from the Client 0.02 % (two hundredths per cent) the delay money from all sum, not paid on time, for every delayed calendar day.

6.3. The Service provider is not responsible for the Service non-provision or improper provision and/or damage done to the Client because of this, if this happened not because of the Service provider’s fault, also, for the actions of the third parties or restrictions applied to the Client.

6.4. If Service provision is suspended not because of the Service provider’s fault, the Client is not pardoned from the payment for the Services.

 

  1. Final provisions

7.1. If there are contradictions between General and Special provisions, Special provisions have the priority. If there are contradictions between the provisions of this Agreement and the Rules, this Agreement is applied.

7.2. Personal data of the visitors of the Sports club is managed according to the requirements of the General data protection regulation and other legal acts valid in the territory of the Republic of Lithuania. The visitors of the Sports club can get acquainted with the policy of the Sports club in the administration of the Sports club and in the Website.

7.3. All announcements of the Parties and other information has to be provided in written and are considered properly delivered if they were sent via registered or carrier post, fax or e-mail, or were handed under signature in the addresses indicated in the Special part. If the announcement is sent via the e-mail or fax, it is considered that it was received by the Party the same day, if it was sent on the working day till the end of working hours (5 p.m.) in Lithuanian time, or the next working day, if it was sent on the day off or after the working hours. If the announcement is sent via the registered mail, it is considered that it was received by the addressee after 5 (five) days from its sending, if the announcements are sent via the carrier – after 2 (two) working days after the sending.

7.4. If the addresses, telephone numbers, bank and other information change, the Parties to the Agreement undertake to immediately, not later than in 10 (ten) days, inform each other in written. Till the written announcement is not received, it is considered that the data, indicated in this Agreement, is correct.

7.5. All disputes, related to this Agreement, are solved in the way of negotiations. If failing to agree, disputes are solved in the order provided by the laws of the Republic of Lithuania, establishing the jurisdiction according to the Client’s place of residence, if the Client is a natural entity or according to the place of residence of the Sports club – if the Client is a legal entity.

7.6. The Client signs the Agreement in the administration of the Sports club or in the Website by confirming the provisions of the acceptance of the agreements.

 

Valid from January 30, 2019.

 

TO CERTIFY THE AFOREMNTIONED, the Parties declare that they concluded this Agreement in the aforementioned day.

On the service provider’s behalf:

________________________________ position, name, surname, signature

Client:

________________________________ name, surname, signature

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