These Terms and Conditions govern the legal relationship between the website: https://aviatorgamedesign.com, represented by its Administration, and Users (Clients/Buyers).
These Terms and Conditions constitute a public offer and a User Agreement, which defines the conditions for the use of the Website https://aviatorgamedesign.com and the acquisition of Services. The parties to the Agreement are the User (Client/Buyer) and the Administration.
"Administration" – the authorized owner of the Website represented by Aviator Game Design LLC, authorized persons, and employees acting on behalf of the owner.
"Website" – the online platform located at the domain https://aviatorgamedesign.com.
"Messenger" – "Viber" / "Telegram" / "Whatsapp" applications;
"Terms/User Agreement" – these Terms and Conditions, including any annexes, defining the usage conditions of the Website and its Services.
"User" – an individual, legal entity, or a separate subdivision of a legal entity with legal capacity who uses the Website and its Services.
"Service" – actions related to the provision of work or services posted on the Website and offered for purchase.
"Services" of the Website – a set of Services provided by the Performers in accordance with these Terms for the Users.
"Offer" – a public proposal made by the Performer to any individual or legal entity to conclude a contract for the provision of services/work under the existing conditions contained in the offer.
"Acceptance" – full and unconditional acceptance by the User (Client) of the conditions of the Offer.
"Order" – an offer made by the User to acquire a Service, indicating the intention to purchase it.
"Client" – a User who intends to purchase a Service by entering into an Agreement with the Performer and placing an Order using the Website's features (including through contact details posted on the Website).
"Performer" – the individual(s) providing the Services posted on the Website.
"Agreement" – any contract concluded between Users (Clients) and Performers regarding the Services.
"Data" – a set of confidential and personal information of the User, authorization data, which is voluntarily provided by the User during registration on the Website and/or during use of the Website.
"Personal Data" – information or a set of information that identifies or can be used to identify an individual.
"Privacy Policy" – the conditions under which the Administration handles confidential information and personal data on the Website, including the use of cookies. The current version of the Privacy Policy can be found on the Website at: Privacy Policy, and the Cookies Policy at: Cookies Policy. The Privacy Policy is an integral part of these Terms and Conditions.
Other terms used in these Terms and Conditions are defined by the applicable laws of Bangladesh or may be defined in the annexes to these Terms and Conditions.
2.1. Under the terms and conditions set out in these Terms, the Administration provides access via the Internet to software products in the form of the online service of the Website and its Services, and ensures the ability to place Orders and conclude Agreements between Users and Performers.
2.2. On the Website, the following actions can be performed:
3.1. These Terms are considered accepted by individuals, legal entities, or separate subdivisions of legal entities without any reservations or exceptions, by taking any voluntary, informed, unambiguous, and specific action, freely expressed in the form of a definitive action (confirmatory act), or other affirmative actions, including but not limited to placing an Order and/or contacting the Administration using the contact details provided on the Website, and/or other ways provided by the Website.
3.2. Acceptance of these Terms in the manner established by them indicates that the User agrees to receive system and other informational messages from the Website, including messages posted on the Website, email newsletters, phone calls, and other available methods, as well as acknowledges that they have read the terms of these Terms and any annexes, agrees with them, and undertakes to comply with them.
2.1. In accordance with the terms and conditions defined in these Rules, the Administration provides access via the Internet to software products in the form of the online service of the Website and its Services, and ensures the ability to place Orders and conclude Agreements between Users and Performers.
2.2. The following actions can be performed on the Website:
3.1. These Terms are considered accepted by individuals, legal entities, or separate divisions of legal entities without any reservations or exceptions, by taking any voluntary, informed, unambiguous, and specific action, freely expressed in the form of a definitive act (confirmatory act) or other affirmative actions, including but not limited to placing an Order and/or contacting the Administration using the contact details provided on the Website, and/or other ways provided by the Website.
3.2. Acceptance of these Terms in the manner established by them indicates that the User agrees to receive system and other informational messages from the Website, including messages posted on the Website, email newsletters, phone calls, and other available methods, as well as acknowledges that they have read the terms of these Terms and any annexes, agrees with them, and undertakes to comply with them.
4.1. To order a Service, the User must contact the Administration using the contact details provided on the Website or through the contact form, registration form, or any other functionality available on the Website.
4.2. During the order process, the User must provide the necessary information required to place the Order and conclude the Agreement.
4.3. The Administration reserves the right to request confirmation of the User’s data at any time.
4.4. The information provided by the User will be confirmed by the Administration and may be amended by the User upon request to the Administration.
4.5. The Order becomes valid under the terms defined in the Agreement.
4.6. The provision of the Service must begin within the timeframe specified in the Agreement.
4.7. All contracts (Agreements) for the provision of Services are concluded directly between the Users and the Performers.
4.8. The size and terms of payment for Services are determined by the Agreement.
7.1. If any malfunctions are observed in the operation of the Website, including technical services, the User must first contact the Administration/User Support Service using the communication methods provided on the Website.
7.2. The Administration makes every effort to provide high-quality access to the Website. However, the User has the right to file a complaint with the Administration at no cost in the event of non-provision or improper provision of Website access by the Administration, as stipulated by these Rules.
7.3. A complaint can be submitted within three months from the date of the violation of the User’s rights.
7.4. The complaint must include at least: the User’s full name, email address, phone number, details substantiating the complaint, and the User’s request (claim) associated with the complaint.
7.5. If the data or information provided in the complaint is insufficient for its review, the Administration may request the User to clarify unclear points or provide additional information, specifying the uncertainties or requirements necessary to address the complaint.
7.6. The Administration reserves the right to discontinue the review of a complaint and/or limit the number of responses to Users who violate the Rules. An operator providing support to the User via phone or answering a User’s call via messenger has the right to end the call in cases of threats against the operator or Administration, use of inappropriate language, diversion of the conversation to personal topics, or irrelevance of the conversation.
8.1. The User and the Administration agree that all disputes and disagreements arising from or in connection with these Rules will be resolved through negotiations with mandatory compliance with the pre-trial dispute resolution procedure. Claims from the User regarding access provided by the Administration to the Website are accepted for consideration only if the requirements set out in these Rules are met.
8.2. Pre-trial settlement is carried out in accordance with the legislation of Ukraine.
8.3. In the event of third-party claims, including those from other Users/Performers, against the Administration related to the User’s use of the Website, the User undertakes to resolve such claims with third parties at their own expense, protecting the Website from potential losses and disputes, or to support the Website in such disputes and reimburse the Website for any damages (including legal costs) caused by claims related to materials and/or activities of the User on the Website.
8.4. If no agreement is reached, all disputes regarding the execution of these Rules and their appendices are resolved in court in accordance with the current legislation of Ukraine.
8.5. In the event of disputes between the Customer and the Performer regarding the Services or their payment, such disputes are resolved independently between the parties to the Agreement, without involving the Administration.
8.1. The User and the Administration agree that all disputes and disagreements arising from or in connection with these Rules will be resolved through negotiations with mandatory compliance with the pre-trial dispute resolution procedure. Claims from the User regarding access provided by the Administration to the Website are accepted for consideration only if the requirements set out in these Rules are met.
8.2. Pre-trial settlement is carried out in accordance with the legislation of Ukraine.
8.3. In the event of third-party claims, including those from other Users/Performers, against the Administration related to the User’s use of the Website, the User undertakes to resolve such claims with third parties at their own expense, protecting the Website from potential losses and disputes, or to support the Website in such disputes and reimburse the Website for any damages (including legal costs) caused by claims related to materials and/or activities of the User on the Website.
8.4. If no agreement is reached, all disputes regarding the execution of these Rules and their appendices are resolved in court in accordance with the current legislation of Ukraine.
8.5. In the event of disputes between the Customer and the Performer regarding the Services or their payment, such disputes are resolved independently between the parties to the Agreement, without involving the Administration.
9.1. The content published on the Website, regardless of its form, i.e. text, graphic, and video materials, a set of programs, data, trademarks, objects of intellectual property, including copyright and other objects placed on the Website, are the intellectual property of their rightful owners and are protected by the intellectual property laws of Ukraine, as well as relevant international legal treaties and conventions. Any use of elements, symbols, texts, graphic images, programs, and other objects included in the Website, except as permitted in these Rules, without the permission of the Administration or another lawful owner, is illegal and may lead to legal proceedings and the involvement of violators in civil, administrative, and criminal responsibility in accordance with the legislation.
10.1. The party responsible for disclosing (disseminating) confidential information will be liable in accordance with the laws of Ukraine and is required to compensate the other party for any damages incurred due to such disclosure.
10.2. The User agrees to take all necessary measures to maintain confidentiality, prevent unauthorized use, and protect identification data.
10.3. If, while using the Website, the User learns of any information about the Administration and/or third parties that, under the laws of Ukraine, is considered confidential and/or commercial secret, the User is prohibited from storing, using, or disseminating such information.
11.1. The Administration reserves the right to unilaterally make changes to these Rules in accordance with the following principles:
11.2. The provisions of the current version of the Rules apply to the Services provided before the new Rules come into force.
11.3. A User who does not accept these Rules or amendments/changes to the Rules has the right not to use the Website.
11.4. These Rules and the relationship between the Administration and the User are governed by the laws of Ukraine, unless otherwise provided by mandatory provisions of the legislation or norms applicable to agreements between the User and the Administration.
11.5. The invalidity of a specific part of the Rules does not invalidate the other parts of the Rules as a whole, if it can be assumed that the Rules would have been concluded by the parties without the inclusion of the invalid part. In the case of amendments, cancellation, or recognition of certain provisions of these Rules as invalid, the other provisions remain in force and binding on the parties.
11.6. In cases not covered by these Rules, the rights and obligations will be regulated and established by the applicable legislation.
11.7. In the event of an ambiguous interpretation of terms in these Rules, the Parties will follow the interpretation of terms used on the Website in accordance with the applicable legislation.
11.8. Appendices to these Rules are an integral part of the Rules.
12.1. The User may contact the Administration through the following methods: