PUBLIC OFFER
for the conclusion of a contract for the provision of services
1. General Provisions
This Public Offer contains the terms and conditions of conclusion of the Service Agreement (hereinafter referred to as “Service Agreement” and/or “Agreement”). This Offer is an offer addressed to one or more specific persons, which is sufficiently definite and expresses the intention of the person who made the offer to consider himself as having concluded the Contract with the addressee who will accept the offer.
Performance of the actions specified in this Offer is a confirmation of the consent of both Parties to conclude a Service Agreement on the terms, in the manner and to the extent set forth in this Offer.
The following text of the Public Offer is an official public offer of the Contractor, addressed to the interested circle of persons to conclude the Service Agreement in accordance with the provisions of paragraph 2 of Article 437, paragraph 2 of the Civil Code of the Russian Federation.
The Service Agreement shall be deemed concluded and shall become effective from the moment of performance by the Parties of the actions stipulated in this Offer, and signifying unconditional as well as full acceptance of all conditions of this Offer without any exceptions or limitations on the terms of accession.
Terms and Definitions:
Agreement means the text of this Offer with the Appendices forming an integral part of this Offer, accepted by the Customer by performing the conclusory actions provided for in this Offer.
Conclusory actions are the behavior that expresses consent to the counterparty's offer to conclude, modify or terminate the contract. Actions consist in full or partial fulfillment of the conditions offered by the counterparty.
The Contractor's website in the Internet is a set of programs for electronic computers and other information contained in the information system, access to which is provided through the Internet by domain name and network address:
Parties to the Agreement (Parties) - the Contractor and the Customer.
Service - a service rendered by the Contractor to the Customer in the order and on the terms and conditions established by this Offer.
2.Предмет Договора
2.1.Исполнитель обязуется оказать Заказчику Услуги, а Заказчик обязуется оплатить их в размере, порядке и сроки, установленные настоящим Договором.
2.2.Наименование, количество, порядок и иные условия оказания Услуг определяются на основании сведений Исполнителя при оформлении заявки Заказчиком, либо устанавливаются на сайте Исполнителя в сети «Интернет»
2.3.Исполнитель оказывает Услуги по настоящему Договору лично, либо с привлечением третьих лиц, при этом за действия третьих лиц Исполнитель отвечает перед Заказчиком как за свои собственные.
2.4.Договор заключается путем акцепта настоящей Оферты через совершение конклюдентных действий, выраженных в:
-действиях, связанных с регистрацией учетной записи на Сайте Исполнителя в сети «Интернет» при наличии необходимости регистрации учетной записи;
-оформлении и направлении Заказчиком заявки в адрес Исполнителя для оказания Услуг;
-действиях, связанных с оплатой Услуг Заказчиком;
-действиях, связанных с оказанием Услуг Исполнителем.
Данный перечень неисчерпывающий, могут быть и другие действия, которые ясно выражают намерение лица принять предложение контрагента.
2.Subject of the Agreement
2.1.The Contractor undertakes to render Services to the Customer, and the Customer undertakes to pay for them in the amount, order and terms stipulated by this Agreement.
2.2.The name, quantity, order and other conditions of rendering the Services are determined on the basis of the Contractor's information when the Customer makes an application, or are established on the Contractor's site in the Internet network
2.3.The Executor renders Services under the present Agreement personally, or with attraction of third parties, thus for actions of third parties the Executor is responsible to the Customer as for his own.
2.4.The Contract is concluded by acceptance of this Offer through the performance of conclusive actions expressed in:
-actions related to the registration of an account on the Contractor's Website on the Internet, if there is a need to register an account;
-formalization and sending by the Customer of an application to the Executor for rendering the Services;
-actions related to payment for the Services by the Customer;
-actions related to the provision of Services by the Executor.
This list is non-exhaustive, there may be other actions that clearly express the intention of the person to accept the counterparty's offer.
4.Price and payment procedure
4.1 The cost of the Contractor's services rendered by the Customer and the order of their payment shall be determined on the basis of the Contractor's information when the Customer makes an application or shall be set on the Contractor's Website in the Internet:
4.2.All settlements under the Contract are made in non-cash order.
5.Confidentiality and security
5.1 During the implementation of this Agreement, the Parties shall ensure confidentiality and security of personal data in accordance with the current version of the Federal Law of 27.07.2006 No. 152-FZ “On Personal Data” and the Federal Law of 27.07.2006 No. 149-FZ “On Information, Information Technologies and Information Protection”.
5.2 The Parties undertake to keep confidentiality of the information received in the course of execution of this Agreement and to take all possible measures to protect the received information from disclosure.
5.3.Confidential information means any information transferred by the Contractor and the Customer in the course of realization of the Contract and subject to protection, exceptions are specified below.
5.4 Such information may be contained in local normative acts, contracts, letters, reports, analytical materials, research results, schemes, schedules, specifications and other documents provided to the Contractor both on paper and electronic media.
6.Force Majeure
6.1 The Parties shall be released from liability for non-fulfillment or improper fulfillment of obligations under the Contract, if the proper fulfillment was impossible due to force majeure, i.e. extraordinary and unavoidable under the given conditions circumstances, which are understood as: prohibited actions of the authorities, epidemics, blockade, embargo, earthquakes, floods, fires or other natural disasters.
6.2.In case of occurrence of such circumstances, the Party shall notify the other Party thereof within 30 (Thirty) business days.
6.3.The document issued by the authorized state body shall be sufficient evidence of the existence and duration of force majeure.
6.4.If the force majeure circumstances continue to operate for more than 60 (Sixty) business days, each Party shall have the right to unilaterally withdraw from this Agreement.
7.Responsibility of the Parties
7.1.In case of non-fulfillment and/or improper fulfillment of their obligations under the Contract, the Parties shall be liable in accordance with the terms of this Offer.
7.2.The Contractor shall not be liable for non-fulfillment and/or improper fulfillment of obligations under the Contract, if such non-fulfillment and/or improper fulfillment occurred through the fault of the Customer.
7.3.The Party that failed to fulfill or improperly fulfilled the obligations under the Agreement shall be obliged to compensate the other Party for the losses caused by such violations.
8.Term of validity of this Offer
8.1 The Offer comes into force from the moment of its placement on the Executor's Website and is valid until its withdrawal by the Executor.
8.2 The Executor reserves the right to make changes in the terms of the Offer and / or withdraw the Offer at any time at its discretion. Information about changes or withdrawal of the Offer shall be notified to the Customer at the option of the Contractor by posting on the Contractor's website in the Internet, in the Customer's Personal Cabinet, or by sending a notice to the e-mail or mail address specified by the Customer at the conclusion of the Contract or during its execution.
8.3 The Agreement comes into effect from the moment of Acceptance of the Offer conditions by the Customer and shall remain in force until the Parties fulfill their obligations under the Agreement in full.
8.4.Changes made by the Contractor to the Agreement and published on the website in the form of an updated Offer shall be deemed accepted by the Customer in full.
9.Additional terms and conditions
9.1 The Contract, its conclusion and performance shall be governed by the applicable laws of the Russian Federation. All issues not settled by this Offer or not fully settled shall be regulated in accordance with the substantive law of the Russian Federation.
9.2.In case of any dispute that may arise between the Parties in the course of fulfillment of their obligations under the Contract concluded under the terms of this Offer, the Parties shall settle the dispute amicably before the court proceedings.
Judicial proceedings shall be carried out in accordance with the legislation of the Russian Federation.
Disputes or disagreements on which the Parties have not reached an agreement shall be resolved in accordance with the legislation of the Russian Federation. Pre-trial dispute resolution procedure is mandatory.
9.3 The Parties have determined the Russian language as the language of the Contract concluded under the terms of this Offer, as well as the language used in any interaction between the Parties (including correspondence, provision of requirements / notices / clarifications, provision of documents, etc.).
9.4 All documents to be provided in accordance with the terms of this Offer shall be drawn up in Russian or have a translation into Russian certified in accordance with the established procedure.
9.5 The inaction of one of the Parties in case of violation of the terms of this Offer does not deprive the interested Party of the right to protect its interests later, nor does it mean a waiver of its rights in case one of the Parties commits the same or similar violations in the future.
9.6 If the Executor's Website in the Internet contains links to other websites and materials of third parties, such links are placed for information purposes only, and the Executor has no control over the content of such sites or materials. The Contractor shall not be liable for any loss or damage that may arise from the use of such links.
10.Details of the Contractor
Full name: Individual Entrepreneur Anton Vladimirovich Lemeshkin
TIN: 342898965961
OGRN/OGRNIP: 317344300110392
Contact phone: +79654781571
Contact e-mail: oformleniye.nedvizhimosti@mail.ru