This document constitutes a Public Offer in accordance with Article 1188 of the Civil Code of Romania and Law No. 365 on Electronic Commerce. This Offer contains the terms for the conclusion of the Service Provision Agreement.

Public Offer Agreement for the Provision of Services

City of Bucharest, Romania

July 18, 2024

This agreement constitutes a public offer by VISA CATCHER S.R.L., hereinafter referred to as the “Service Provider”, to any person, hereinafter referred to as the “Customer”, to enter into the present Service Provision Agreement concerning the following

1. TERMS AND DEFINITIONS

1.1. To avoid ambiguity and misunderstandings in the interpretation of the text of this Agreement, the parties hereto have agreed that the following terms shall have the meanings ascribed to them below:

1.1.1. "Agreement”- Public Offer Contract for the Provision of Information Services (hereafter – Agreement, Offer).

1.1.2. "Acceptance of the Agreement" means the Customer's full and unconditional agreement to the terms of the Agreement by performing the actions specified therein.

1.1.3. "Software" - the website https://www.visacatcher.bot and/or the Telegram bot https://t.me/VisaCatcherBot , both of which host the text of this Agreement and operate either jointly or separately, collectively forming a unified system for managing the Customer’s personal data, which are essential for the proper provision of Services.

1.1.4. "Service Provider" – VISA CATCHER S.R.L.

1.1.5. "Customer" – any individual who has accepted the Agreement and agreed to the terms set forth therein.

1.1.6. "Services" – services provided by the Service Provider to check for available appointment slots at Visa Application Centers, with the possibility of automated booking at a Visa Application Center (hereafter - VAC), the content and terms of which are presented in the Software and Agreement.

1.1.7. "Priority Booking Service" – a service described in section 1.1.6 and provided by the Service Provider on an expedited basis. The cost of the Priority Booking Service increases in accordance with the Service Provider’s price list.

1.1.8. "Service Order" – actions by the Customer to arrange for Services in the Service Provider's Software, involving the input of data necessary for the provision of the Service.

1.1.9. "Necessary Data" – data entered by the Customer for the Service Order, including: surname; name; patronymic (if any); permanent and temporary residence address; phone number; email address; IP address; marital status; photograph of the individual; identification number; network identifiers; date of birth; sex; citizenship; details of the identity document (passport); data required for visa application and other data that become known during the conclusion and execution of the Agreement.

1.1.10. "Price List" – information about the cost of the Service Provider's Services, presented in the Software.

1.1.11. "Service Fee" – an additional fee charged by VAC staff for receiving and processing inquiries, checking documents, and forwarding them to consulates / embassies.

1.1.12. "Personal Account" – a personal page on the Website, access to which is granted by a password set during the Service Order.

2. General Provisions. Acceptance and Withdrawal of Acceptance

2.1. In accordance with Article 1183 of the Civil Code of Romania and Law No. 365 "On Electronic Commerce, this Agreement constitutes a public Offer. Upon acceptance of the terms below, the person accepting this Agreement becomes the Customer.

2.2. The Service Provider and the Customer mutually guarantee their legal and operational capacity necessary to conclude and execute the Agreement.

2.3. The conclusion of the Agreement is effected by the Customer’s acceptance, expressed through the following conclusive actions, which must be performed by the Customer in the sequence listed below:

- Reviewing the text of this Agreement;

- Reviewing the text of the Policy;

- Signing the Consent to the processing of personal data (hereinafter - PD);

- Entering the Necessary Data in the Personal Account (Service Order).

2.4. The entry of Necessary Data signifies to the Service Provider that the Customer has reviewed all of the above, and thus has expressed a direct desire to enter into the Agreement (acceptance). The entry of Necessary Data entails the Customer's transmission of information described in section 1.1.9 of the Agreement through the Service Provider’s services.

2.5. The Customer’s acceptance of the Agreement constitutes consent to the collection, storage, and processing of the Customer’s PD exclusively for the purpose of providing the Services specified in the Agreement.

2.6. The Customer may declare withdrawal of acceptance at any time, for a justified reason or without one, prior to the full provision of the Service, being obliged to pay the Service Provider compensation for the services provided and reimburse any damages caused by the withdrawal.

2.7. Notification of withdrawal of acceptance must be sent by the Customer to the Service Provider via the email address specified in section 8.2 of the Agreement, no later than 3 (three) days following the date of acceptance. Should the Service Provider not receive notification of withdrawal within the specified period, the Agreement continues in effect until all obligations are fulfilled.

3. Subject of the Agreement

3.1. The Service Provider undertakes to provide the Customer with services for automated booking at the VAC within the timeframes, in the composition, and to the extent specified in the Agreement, and the Customer is obliged to pay for these services.

3.2. The date of completion of the service is the date the Service Result is provided to the Customer. The Service Result (hereinafter - Result) is a screenshot copy (in pdf, png, or jpeg format) of the completed appointment, which is transmitted to the Customer in a converted form. After payment for the services, the Service Provider sends the fully prepared Result to the Customer. Once the Result is provided and paid for, the obligations under the Agreement are considered fulfilled.

3.3. The Service Provider has the right to involve third parties in providing services under the Agreement. When engaging third parties to provide services, the Service Provider is responsible for the actions of such persons.

3.4. The service is considered improperly rendered if the Service Provider does not send a notification to the Customer about the fact of appointment at the VAC within three working days from the moment of making the appointment. In this case, the Customer is required to make a screenshot of the screen on the VAC website with their appointment and send it to the Service Provider's support, as well as attach the pdf/png/jpeg file of the VAC appointment that was sent to the Customer.

3.5. The Service Provider reserves the right to terminate the provision of Services without refund if the Customer violates the established rules of conduct during the provision of Services, in particular:

- Distribution of advertising messages and spam;

- Use of profane language;

- Dissemination of information known to be false, as well as other actions that constitute violations of the legislation of Romania;

- Sending notifications on external resources.

3.6. Upon completion of the services, the Service Provider drafts an Acceptance Certificate of the provided services, which is signed by the Parties with or without reservations.

4. Procedure for Providing Services

4.1. The Service Provider renders services to the Customer upon acceptance of the Agreement by entering the Necessary Data for the Service Order.

4.2. The Service Order can be made:

1) By the Customer using the Service Provider's Software;

2) Through the Service Provider’s manager in the Software.

4.2.1. In both cases, the Customer specifies the visa category, country of stay, and other information, after which they receive a Software-generated link to the Personal Account (PA). The PA reflects the data entered by the Customer when ordering the service. If additional information is needed to provide the service, there are free fields in the PA for this purpose. The PA is necessary for tracking the status of the service, its payment, and other manipulations.

4.2.2. If for any reason the Customer does not have access to the PA, they need to contact the Service Provider's support service at the email address specified in section 8.2 of the Agreement.

4.3. The service can be provided to the Customer in three possible ways:

4.3.1. Using the Telegram bot;

4.3.2. With the help of a manager in the Service Provider’s Software;

4.3.3. Using the Service Provider’s Website.

4.4. Service provision using the Telegram bot is carried out as follows:

1) After entering the Necessary Data for the Service Order into the Software, the Customer receives a Software-generated link to log in to the PA for authorization and further receipt of the service.

2) Using the PA interface and system capabilities, the Customer leaves their passport and other Necessary Data required for the proper provision of the service, and also selects a time frame that would be convenient for them to visit the VAC. The Customer understands and acknowledges that reducing the time frames for registration at the VAC decreases the likelihood of a successful appointment.

3) After the Customer provides the Necessary Data in the PA, the Software begins the process of automatically searching for available appointment slots within the selected time frames and, after finding an available slot, proceeds to make the booking.

4) After the proper provision of the service, the Result is transferred to the Customer.

4.5. Service provision with the help of the Service Provider’s manager is conducted as follows:

1) The Customer submits a request for the Service Order in the Service Provider’s Software;

2) After processing the request, the manager contacts the Customer to generate a Customer PA link for authorization and further receipt of the service. In the PA, the Customer leaves their passport and other Necessary Data required for the proper provision of the service, and also selects a time frame that would be convenient for them to visit the VAC. The Customer understands and acknowledges that reducing the time frames for registration at the VAC decreases the likelihood of a successful appointment.

3) After entering the Necessary Data on the Service Provider’s Website, the Software automatically starts the process of searching for available slots and, after finding an available slot, proceeds to make the booking;

4) After the proper provision of the service, the Result is transferred to the Customer.

4.6. Service provision using the Service Provider’s Website is conducted in the following manner:

1) After entering the Necessary Data for the Service Order into the Software, the Customer receives a Software-generated link to log in to the PA for authorization and further receipt of the service.

4) After the proper provision of the service, the Result is transferred to the Customer.

4.7. Priority booking services are provided by the Service Provider as described in sections 4.2 to 4.6 in accordance with the Price List.

4.8. If there are no claims from the Customer within 1 (One) day after receiving the Result, sent to the email address specified in section 8.2 of the Agreement, the service is considered accepted and properly provided within the declared timeframe, and the Agreement is considered fulfilled.

5. Cost of Services. Payment Procedure

5.1. The cost of the Service Provider's services is determined based on the chosen mission country (where the customer wants to apply to) and departure country, specified in the Software or communicated by the manager according to the method of service delivery specified in section 4.3 of the Agreement.

5.2. The cost of the services is fixed and does not depend on the exchange rate. VAC service fees are not included in the cost of the services.

5.2.1. Payment of the service fee is made by the Service Provider at the expense of the Customer. If payment of the service fee is necessary, the Customer transfers the amount of the service fee to the Service Provider's account, after which the latter makes the payment to the VAC based on Article 1446 of the Civil Code of Romania (fulfillment of an obligation by a third party).

5.3. Payment for the services can be made in the following ways:

A) By bank transfer to the Service Provider’s bank account;

B) By bank transfer using bank cards online;

C) By bank transfer using an electronic payment system.

5.3.1. Payment for the Service Provider's services is made by the Customer upon registering an appointment to the VAC.

5.4. Payment by bank transfer to the Service Provider’s bank account is made according to the details specified in the Customer’s Personal Account.

5.5. Payment by bank transfer using bank cards online is made in accordance with the requirements of Law No. 209/2019 on payment services and Law No. 210/2019 on electronic money issuance of Romania, taking into account amendments and changes, as well as other subordinate acts of Romania.

5.6. Payments are accepted via VISA, MasterCard, American Express, and Maestro cards. Payment is made in the currency of the issuing bank (EUR, USD, RUB, MDL, GBP, etc.). No additional charges are applied when paying by card. The minimum transaction amount is 10 MDL or the equivalent in another currency at the exchange rate effective on the day of payment. If the card is linked to an account in another currency, the transaction will be carried out at the rate of the issuing bank.

5.7. Payment in the manner provided under sub-point “C” of section 5.3 of the Agreement can be made in any currency supported by the electronic payment system.

6. Termination of the Agreement, its Consequences. Refunds.

6.1. Termination of the Agreement and the provision of Services are recognized by the following actions of the Customer:

- Failure of the Customer to appear at the VAC when the Service has been properly rendered;

- Non-payment of the Service when it has been properly rendered;

- Refusal of the Customer to pay the Service Fee.

6.2. If the Customer has placed an Order for Services or a Priority Booking Order, but subsequently refuses the Result (see section 6.1 of the Agreement), any payment previously made by the Customer (Service Fee) is non-refundable.

6.3. A full refund of the cost of the Services or the Priority Booking Service is made if the Service Provider has rendered the Service inadequately, as confirmed by appropriate evidence sent to the Service Provider (see section 3.4 of the Agreement).

6.4. The Service Provider refunds the paid cost of the Service in the same currency in which it was received from the Customer, using the same payment methods that the Customer used for the initial payment, except when the Customer expressly agrees to different payment methods and provided that the commission fees associated with the reimbursement are not borne by the Customer.

6.5. If the Customer, having chosen one of the convenient payment methods, erroneously transfers funds to an account that does not belong directly or indirectly to the Service Provider, the funds are not returned.

6.6. In the event that the Service has been properly rendered by the Service Provider and the Result has been received by the Customer, but the latter refuses to pay for it, the Service Provider has the right to take legal action to recover the debt. If caspayment of 50% of the debt amount is received, the Service is considered to be accepted, properly rendered on time, and that the Customer has no claims against the Service Provider.

6.7. If the Customer, after paying for the Service, does not appear at the VAC at the scheduled time but has received the Result of the Service, the amount of the Service Fee and the cost of the Service are not refunded. If the Customer wishes to re-register at the VAC, in such cases, the Customer pays for the Service again, as if ordering a new Service.

7. Rights and Obligations of the Parties

7.1. The Service Provider is obliged to:

7.1.1. Deliver the Services within the established timeframe and in an appropriate manner.

7.1.2. Send messages (notifications) to the Customer related to the provision of Services.

7.1.3. Be responsible for the storage and processing of the Customer's personal data (PD).

7.1.4. Ensure the confidentiality of personal and other Necessary Data and use them exclusively for the provision of Services.

7.2. The Service Provider has the right to:

7.2.1. Change the terms (period) of Service provision.

7.2.2. Unilaterally change the terms of this Agreement without prior notice to the Customer by publishing said changes in the Software. The new/modified terms apply only to newly concluded Agreements.

7.2.3. Block the Customer’s account in the event of a breach of the Service usage rules without refunding any prepaid fees (Service Fee).

7.2.4. Engage third parties to provide the Services.

7.3. The Customer is obliged to:

7.3.1. Accept and pay for the Services.

7.3.2. Provide accurate information about themselves when receiving the Services.

7.3.3. Not reproduce, repeat, copy, sell, or use for any purposes the information and materials made available in connection with the provision of Services, except for personal use directly by the Customer without providing access in any form to any third parties.

7.4. The Customer has the right to:

7.4.1. Receive the Services in proper quality and within the appropriate timeframe.

7.4.2. Exercise other rights provided by this Agreement.

8. Liability of the Parties

8.1. For non-performance or improper performance of obligations under the Agreement, the Parties are liable in accordance with the legislation of Romania.

8.2. In the case of non-provision or improper provision of Services, the Customer should contact the Service Provider via email at refunds@visacatcher.bot to resolve the dispute.

8.3. In the case of unilateral refusal to provide Services by the Customer after making a prepayment (Service Fee), the Service Provider has the right to:

8.3.1. Not refund the Service Fee if the Service Provider has rendered the Service, but the Customer has expressed a desire to terminate the Agreement.

8.3.2. Refund 80% of the previously paid Service Fee at the exchange rate effective on the day of termination if the Service Provider has not yet started providing the Service, but the Customer has expressed a desire to terminate the Agreement.

8.3.3. A Customer's statement of termination of the Agreement is considered accepted by the Service Provider if such a statement is made in writing and sent to the address specified in section 8.2 of the Agreement. The Agreement is considered terminated from the date of receipt of the aforementioned statement, until the complete fulfillment of financial obligations by the parties.

8.4. If the Customer has paid for the Services, but due to reasons not attributable to the Service Provider, has not utilized the result of the Service, no refund is issued.

8.5. The Parties are relieved of liability for partial or total non-performance of obligations under the Agreement if such non-performance was a consequence of force majeure, arising after acceptance due to extraordinary circumstances and unavoidable under the given conditions, which the Parties could neither foresee nor prevent by reasonable means. Force majeure circumstances include events over which the Parties have no control and for which they are not responsible, such as natural disasters, fires, epidemics, extraordinary social circumstances (war, mass riots, etc.), and other circumstances directly affecting the performance of the Agreement and making it impossible to fulfill obligations.

8.6. In the event of the circumstances described in section 8.5 of the Agreement, the deadline for fulfilling obligations is postponed for the duration of these circumstances.

9. Dispute Resolution

9.1. All claims related to the quality of the Services provided, including any claims for refunds, must be sent by the Customer to the Service Provider via the email address specified in section 8.2 of the Agreement. The term for consideration of the Customer's claim is 20 (Twenty) calendar days from the date the claim is received by the Service Provider.

9.2. The Service Provider and the Customer, considering the nature of the Services provided, agree to apply a pre-litigation dispute resolution process (negotiations, correspondence) in case of disputes and disagreements related to the provision of Services. If it is not possible to resolve the dispute in a pre-litigation manner, the Parties have the right to refer to the International Commercial Arbitration Court at the Chamber of Commerce and Industry of Romania (ICAC at CCI of Romania) located at: Bucharest, Bulevardul Octavian Goga, 2.

10. Confidentiality

10.1. The Parties are obliged to ensure the confidentiality of information (confidential information includes any information obtained from the Customer or during interaction with the Service Provider's Software), not to disclose it to third parties, except as provided by the legislation of Romania and as necessary for the fulfillment of obligations under the Agreement.

10.2. If the Customer establishes facts of unauthorized access to their Personal Account, the Customer is obliged to notify the Service Provider of this circumstance as soon as possible.

11. Term of the Agreement. Final Provisions

11.1. This Agreement enters into force from the moment of its publication at https://visacatcher.bot/terms and remains in effect until it is revoked/modified.

12. Details

VISA CATCHER S.R.L.

Fiscal Code 50369315

Registration date: 15/07/2024

Legal address: Romania, Municipiul Bucuresti, Sector 4, Aleea Adrian Dan Urucu, Nr.1, Bl.20, Sc.c, Et.5, Ap.218

E-mail: hello@visacatcher.bot

Telegram: https://t.me/VisaCatcherSupport