FOR THE CONCLUSION OF A SERVICE CONTRACTcity of Moscow Date of approval: June 25, 2018
This document is a public offer of the Limited Liability Company “I-retail Rus”, hereinafter referred to as the “Contractor”, and contains all essential terms and conditions of service provision. In accordance with the paragraph 2 of the Article 437 of the Civil Code of the Russian Federation (hereinafter — the Civil Code of the Russian Federation), in case of acceptance of the following conditions, the person accepting the offer becomes the “Customer” (in accordance with the paragraph 3 of the Article 438 of the Civil Code of the Russian Federation, the acceptance of the offer is equivalent to the conclusion of the Contract on the terms set forth in the offer), and the Contractor and the Customer jointly — the Parties to the Contract. The terms of the public offer are approved by the decision of the Director General of the Contractor. The Contractor has the right to unilaterally make changes to the terms of the public offer by notifying the Customer about the changes made 10 (ten) calendar days before the introduction of such changes. Notification is made by placing a new version of the offer on the Website. In case of disagreement of the Customer with the new terms, the latter has the right within 10 (ten) calendar days from the date of notification to send to the Contractor a notice about the suspension of the Contract or its termination. If such notice is not sent to the Contractor within the prescribed period, it is recognized that the Customer has no objection to the new terms.
TERMS AND DEFINITIONS
- Offer - the present public contract published on the Internet at https://sale-video.com/
- Acceptance of the offer — full and unconditional acceptance of the terms of the offer by the Customer through the implementation by the Customer of the actions specified in the paragraph 2.1.1 of this Offer.
- Contractor's Website, site — a set of programs for electronic computers and other information contained in the information system, access to which is provided by means of information and telecommunication network “Internet” by domain name https://sale-video.com/ The person, independently and at its own discretion, determining the procedure for using the site, including the procedure of placing information on the site, is the Contractor.
- Customer - the person who has carried out the Acceptance of the Offer, and thus is the Customer of the Contractor's services under the concluded Offer Contract.
- Contractor — a legal entity providing services to the customer under this contract.
- Services (List of services) - services of information and other nature provided by the Contractor to the Customer, for which the Contractor charges a fee. The list of such services and the rates for their provision are listed in the Customer's Personal Account. The Customer at his discretion determines the list and scope of services that he wishes to use.
- Personal account - virtual personal account of the Customer, located on the Contractor's servers, access to which is carried out after authorization by the User (entering login and password, known only to the Customer), and within which the Parties exchange legally and technically significant information concerning the performance of this Contract (including tariffs for services, statistics on rendered services, reports, accounting and other documents in electronic form).
- User — an individual, employee of the Customer or other person to whom the Customer has provided his login and password for access to the Personal Account. The Customer bears full responsibility to the Contractor for the actions of Users and violation of the terms of the offer by the User is regarded as violation of the terms of the offer directly by the Customer.
- Payment method - the type of payment or payment system specified on the Website, by which the Customer is pays for the services of the Contractor.
ACCEPTANCE OF THE OFFER
- Any legal entity or individual being an individual entrepreneur has the right to agree to the terms of this offer by performing the following implicative actions:
- Register on the site and get a password from the Contractor to access the Website in accordance with the instructions specified on the Website. When registering, it is necessary to provide accurate and reliable registration data in the amount specified on the Website. The Customer is obliged to specify the exact e-mail address belonging only to him/her for further exchange of information and documents relating to the execution of this Contract. Upon completion of the registration process, the Customer receives a login and password to access the web interface of the Personal Account, which provides access to the information belonging to the Customer. The Customer is responsible for ensuring the security of his/her login and password, as well as for everything that will be done on the Website under the Customer's login and password. The Customer agrees that it is obliged to immediately notify the Contractor about any unauthorized (not permitted by the Customer) access with the Customer's login and password, about any breach of security. The Customer agrees that he independently performs the completion of work under his password at the end of each session of work with the Personal Account.
- From the moment of making all the implicative actions specified in the paragraph 2.1.1 of this offer, the Customer and the Contractor shall conclude a service contract on the terms set out below.
- The Customer is responsible for the content and accuracy of the data provided during registration on the Website.
- The Customer undertakes to familiarize themselves with the content of the Offer, the terms of the Contract and the List of Services before accepting the Offer.
SUBJECT OF THE CONTRACT
- Under this Contract, the Contractor undertakes to provide services to the Customer, and the Customer undertakes to accept and pay for these Services.
- The Contractor provides services within the framework of this Contract in accordance with the List of Services placed in the Customer's personal account. The Contractor has the right to make changes to the List of Services by posting a new edition on the Website.
- The name and price of the services provided shall be agreed by the parties and shall be indicated in the invoices.
PRICE OF THE CONTRACT, PROCEDURE OF PAYMENT AND PROVISION OF SERVICES
- The Customer can place an order for the provision of services using the functionality of the Website.
- The invoice for the provision of services is formed by the Customer at https://sale-video.com/
- The Customer pays for services by any payment method convenient for him and available on the Contractor's Website.
- The price of this Contract consists of the cost of Services provided under this Contract, defined in the issued invoices. The parties are guided by the cost of the Service in effect at the time of order approval.
- The Customer shall make 100 (one hundred) % advance payment of the cost of the Services within 5 (five) working days from the date of issuance of invoice.
- Customer's obligations to pay for rendered Services shall be considered fulfilled from the date of receipt of the sum in the amount of 100 (one hundred) % of the cost of rendered Services to the settlement account of the Contractor.
SERVICES DELIVERY-ACCEPTANCE PROCEDURE
- Upon completion of services, the Contractor sends to the Customer the certificate of delivery and acceptance of services by e-mail specified by the Customer during registration on the Website. The Customer undertakes to sign the certificate of delivery and acceptance of services and send two copies of the certificate to the Legal address of the Contractor specified in this Offer no later than 10 (Ten) working days from the moment of sending by the Contractor of the certificate of delivery and acceptance of services.
- In case of unmotivated evasion by the Customer from acceptance of the results of services and from signing of the Certificate of delivery and acceptance of services within 10 days from the date of submission of the Certificate, such results shall be considered accepted by the Customer. In this case, the Certificate of delivery and acceptance of the results of the rendered services is signed by the Contractor and is considered signed by the Customer.
LIABILITY OF THE PARTIES
- For non-performance or improper performance of the obligations assumed under this Contract the Parties shall be liable in accordance with the current legislation of the Russian Federation.
- The Customer agrees that under no circumstances shall the Contractor be liable to the Customer for loss of profits or for any other incidental, accidental or indirect losses related to the fulfillment of the obligations of the Parties under this Contract, regardless of the cause of their occurrence.
- The maximum liability of the Contractor to the Customer related to the fulfillment of obligations under this Contract may not under any circumstances exceed the actual amount paid by the Customer to the Contractor under this Contract.
- Each of the Parties to this Contract undertakes to keep confidential any physical, technical, economic, financial and other information relating to each of the Parties (“Confidential Information”), and not to disclose such information to any third parties without the consent of the other Party under this Contract, unless such disclosure is required in accordance with the current legislation of the Russian Federation.
- Parties' confidentiality obligations will not apply to publicly available information, or to information previously received from a third party, subject to confirmation of the source for obtaining such information.
- In case of termination of this Contract, the Parties unconditionally undertake to fulfill the obligations specified in this section of the Offer within 3 (three) years after termination of this Offer Contract.
- The Parties are exempted from liability for partial and/or total failure to fulfill obligations under this Contract, if such failure resulted from the occurrence of extraordinary and unavoidable under the conditions of force majeure circumstances which the Parties could neither foresee nor prevent by reasonable measures and where these circumstances directly affected the performance of this Contract and arose after its conclusion (force majeure). And the term of performance of obligations under this Contract is delayed in proportion to the time during which such circumstances were in force, as well as the consequences caused by them.
- Force majeure circumstances include: earthquakes, floods, fires, transport accidents, riots, civil unrest, war and hostilities, publication of prohibiting regulations, declaration of default of the economic situation in the country, and other events beyond the reasonable anticipation and control of the Parties. The Party for which there was impossibility of performance of obligations under this Contract due to occurrence of the above circumstances is obliged to notify in writing the other Party without delay, but not later than 7 (seven) working days from the date of their occurrence. The notification should contain information on the occurrence and nature of the circumstances and their possible consequences. The occurrence of force majeure circumstances must be documented by the authorized state body.
- Failure to notify and/or improper notification of the other Party by the Party for which it was impossible to perform its obligations due to occurrence of force majeure circumstances causes loss for that Party of the right to invoke such circumstances as grounds exempting it from liability under this Contract.
- If the period of force majeure circumstances exceeds 2 (two) months, either Party shall have the right to terminate this Contract.
DISPUTE RESOLUTION PROCEDURE
- All disputes and claims related to the performance of this Contract shall be resolved by negotiation.
- In case of failure to reach agreement during negotiations, the Party concerned is obliged to send a written claim to the other Party before applying to the arbitration court. The response to the claim must be sent within 15 (fifteen) calendar days from the date of its receipt.
- All disputes and disagreements between the Parties will be considered in the arbitration court of the city of Moscow.
TERM AND TERMINATION OF THE CONTRACT
- This Contract shall enter into force from the moment of acceptance of the Offer and shall be valid indefinitely.
- This Contract may be terminated by agreement of the Parties, unilaterally out of court at the initiative of one of the Parties, as well as in cases provided for by the current legislation of the Russian Federation.
- In case of termination of the Contract unilaterally out of court on the initiative of one of the Parties, the Party who has expressed desire to terminate the Contract shall send to the other Party a written notice about termination 30 (thirty) calendar days prior to the date of the planned termination.
- All matters not regulated by the Contract or not fully settled are regulated by the legislation of the Russian Federation.
- The invalidity of one or more clauses of this Offer, if such invalidity is established by the court, does not entail invalidity of this Offer.
- In case of changes in legal and bank details, organizational and legal status, seal impression, e-mail address, the Customer is obliged to: - notify the Contractor in writing within 5 ( five) calendar days, provide all necessary information that may affect the relations between the Parties; - update the data about the Customer in the Personal Account.
- The parties specifically agreed that the exchange of all documents is carried out according to the details specified in the section 12 of this offer, including by e-mail. The Parties also agree that electronic correspondence will be accepted unconditionally as evidence in resolving issues, both in the complaint and the court procedures.
Publication date: June 25, 2018
© Sale Video, 2020Infobusiness platform