PUBLIC OFFER

1. General provisions

This Public Offer sets out the terms for concluding the Agreement for the Provision of Services (hereinafter referred to as the “Agreement for the Provision of Services” and/or the “Agreement”).

An offer is deemed to be an expression of intent addressed to one or several specific persons which is sufficiently definite and indicates the intent of the person making the offer to conclude an Agreement with the addressee who accepts the offer.

The actions specified in this Offer constitute confirmation of both Parties’ consent to conclude the Agreement for the Provision of Services on the terms, in the manner, and to the extent set forth in this Offer.

The text of this Public Offer constitutes the Contractor’s official public offer addressed to an indefinite circle of persons to conclude an Agreement for the Provision of Services in accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation.

The Agreement for the Provision of Services is deemed concluded and enters into force from the moment the Parties perform the actions envisaged in this Offer that signify unconditional and full acceptance of all terms of this Offer without any exclusions or limitations on an adhesion basis.

Terms and definitions:

Agreement

the text of this Offer together with annexes that form an integral part of this Offer, accepted by the Customer by performing implied acts envisaged by this Offer.

Implied acts

conduct that expresses consent to a counterparty’s proposal to conclude, amend, or terminate an agreement. Such acts consist in full or partial performance of the conditions proposed by the counterparty.

Contractor’s website on the Internet

a combination of software for electronic computing machines and other information contained in an information system, access to which is provided via the Internet by domain name and network address:

Parties to the Agreement (Parties)

the Contractor and the Customer.

Service

a service provided by the Contractor to the Customer in the manner and on the terms established by this Offer.

2. Subject of the Agreement

2.1. The Contractor undertakes to provide the Customer with Services, and the Customer undertakes to pay for them in the amount, manner, and within the time limits established by this Agreement.

2.2. The name, quantity, procedure, and other conditions for providing Services are determined based on the Contractor’s information when the Customer submits an order or are set on the Contractor’s website on the Internet.

2.3. The Contractor provides Services under this Agreement either personally or by engaging third parties; in the latter case the Contractor is liable to the Customer for the acts of third parties as for its own.

2.4. The Agreement is concluded by accepting this Offer through implied acts expressed as:

• acts related to registering an account on the Contractor’s website on the Internet if account registration is required;
• the Customer submitting an order to the Contractor for the provision of Services;
• acts related to payment for Services by the Customer;
• acts related to the provision of Services by the Contractor.

This list is not exhaustive; other acts may apply if they clearly express the intent to accept the counterparty’s offer.

3. Rights and obligations of the Parties

3.1. Rights and obligations of the Contractor:

3.1.1. The Contractor undertakes to provide Services in accordance with this Agreement, within the time limits and scope specified in this Agreement and/or in the manner indicated on the Contractor’s website.

3.1.2. The Contractor undertakes to provide the Customer access to sections of the Website necessary to obtain information in accordance with clause 2.1 of the Agreement.

3.1.3. The Contractor is responsible for storing and processing the Customer’s personal data, ensures confidentiality of such data, and uses it solely to provide Services to the Customer in a proper manner.

3.1.4. The Contractor reserves the right to change the time (period) for providing Services and the terms of this Offer unilaterally without prior notice to the Customer by publishing such changes on the Contractor’s website on the Internet. New or amended terms indicated on the Website apply only to Agreements concluded thereafter.

3.2. Rights and obligations of the Customer:

3.2.1. The Customer shall provide accurate information about themselves when receiving the relevant Services.

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

3.2.3. The Customer undertakes to accept the Services provided by the Contractor.

3.2.4. The Customer may demand that the Contractor refund money for Services not rendered, Services rendered improperly, Services rendered in breach of deadlines, or if the Customer refuses Services for reasons unrelated to the Contractor’s breach of obligations — solely on grounds provided by applicable legislation of the Russian Federation.

3.2.5. The Customer warrants that all terms of the Agreement are clear; the Customer accepts the terms without reservations and in full.

4. Price and payment procedure

4.1. The price of the Contractor’s Services and the payment procedure are determined based on the Contractor’s information when the Customer submits an order or are set on the Contractor’s website on the Internet.

4.2. All settlements under the Agreement are made by non-cash payment.

5. Confidentiality and security

5.1. When performing this Agreement, the Parties ensure confidentiality and security of personal data in accordance with the current version of Federal Law No. 152-FZ of 27.07.2006 “On Personal Data” and Federal Law No. 149-FZ of 27.07.2006 “On Information, Information Technologies and Information Protection”.

5.2. The Parties undertake to maintain confidentiality of information obtained during performance of this Agreement and to take all reasonable measures to prevent disclosure of such information.

5.3. Confidential information means any information exchanged between the Contractor and the Customer in the course of performing the Agreement that is subject to protection; exceptions are listed below.

5.4. Such information may be contained in local regulations, contracts, letters, reports, analytical materials, research results, diagrams, charts, specifications, and other documents provided to the Contractor, whether on paper or electronic media.

6. Force majeure

6.1. The Parties are released from liability for non-performance or improper performance of obligations under the Agreement if proper performance became impossible due to force majeure, i.e. extraordinary and unavoidable circumstances under the given conditions, including but not limited to: prohibitive acts of authorities, epidemics, blockade, embargo, earthquakes, floods, fires, or other natural disasters.

6.2. If such circumstances occur, the Party shall notify the other Party within thirty (30) business days.

6.3. A document issued by an authorized government body is sufficient evidence of the occurrence and duration of force majeure.

6.4. If force majeure continues for more than sixty (60) business days, either Party may terminate this Agreement unilaterally.

7. Liability of the Parties

7.1. In case of non-performance and/or improper performance of obligations under the Agreement, the Parties shall be liable in accordance with this Offer.

7.2. The Contractor shall not be liable for non-performance and/or improper performance of obligations under the Agreement if such non-performance and/or improper performance resulted from the Customer’s fault.

7.3. A Party that fails to perform or improperly performs obligations under the Agreement shall compensate the other Party for losses caused by such breaches.

8. Term of this Offer

8.1. This Offer enters into force from the moment it is posted on the Contractor’s website and remains valid until revoked by the Contractor.

8.2. The Contractor may amend the terms of the Offer and/or revoke the Offer at any time at its discretion. Notice of amendment or revocation shall be communicated to the Customer at the Contractor’s choice by posting on the Contractor’s website on the Internet, in the Customer’s account, or by sending a notice to the email or postal address specified by the Customer when concluding or performing the Agreement.

8.3. The Agreement enters into force from the moment the Customer accepts the Offer and remains in force until the Parties fully perform their obligations under the Agreement.

8.4. Amendments made by the Contractor to the Agreement and published on the website as an updated Offer are deemed accepted by the Customer in full.

9. Additional terms

9.1. The Agreement, its conclusion, and performance are governed by applicable legislation of the Russian Federation. Matters not regulated or not fully regulated by this Offer shall be governed by the substantive law of the Russian Federation.

9.2. Any dispute that may arise between the Parties in performing obligations under the Agreement concluded on the terms of this Offer shall be settled amicably before litigation. Court proceedings shall be conducted in accordance with the legislation of the Russian Federation. Disputes or disagreements on which the Parties fail to agree shall be resolved in accordance with the legislation of the Russian Federation. A mandatory pre-trial dispute resolution procedure applies.

9.3. The language of the Agreement concluded on the terms of this Offer and of any interaction between the Parties (including correspondence, provision of demands/notices/clarifications, provision of documents, etc.) shall be Russian.

9.4. All documents to be provided under this Offer shall be drawn up in Russian or accompanied by a certified translation into Russian.

9.5. Failure of one Party to act in case of breach of this Offer does not deprive the interested Party of the right to protect its interests later and does not constitute a waiver of rights in case of similar or related breaches in the future.

9.6. If the Contractor’s website on the Internet contains links to other websites or third-party materials, such links are provided for information only, and the Contractor does not control the content of such sites or materials. The Contractor is not liable for any losses or damage that may arise from using such links.

10. Contractor details

Full name

Khrapov Vadim Vyacheslavovich

INN

772479823251

Contact phone

+7 999 594-23-45

Contact email

patefonstudio@gmail.com