1. General ProvisionsThis Public offer contains the terms and conditions of conclusion of the Contract of Information and Consulting Services (hereinafter referred to as "Contract of Information and Consulting Services" and/or "Offer", "Contract"). This Offer is an offer addressed to one or more specific persons, which is sufficiently definite and expresses the intention of the person making the offer to consider himself/herself 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 the Contract of Information and Consulting Services 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 Contract of information and consulting services in accordance with the provisions of paragraph 2 of Article 437 of the Civil Code of the Russian Federation.
The Contract of information-consulting services is considered concluded and becomes effective from the moment of performance by the Parties of the actions provided for in this Offer, and, meaning unconditional, as well as full acceptance of all conditions of this Offer without any exceptions or restrictions 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 the domain name and network address: https://openme.world.
Parties to the Agreement (Parties) - the Contractor and the Customer.
Service - information and consulting services rendered by the Contractor to the Customer in accordance with the procedure and on the terms and conditions established by this Offer.
2. Subject of the Contract2.1 The Contractor undertakes to render information and consulting services to the Customer, and the Customer undertakes to pay for them in the amount, order and terms established by this Agreement.
2.2 The name, quantity, procedure and other conditions of rendering the Services shall be determined on the basis of the Contractor's information when the Customer makes an application, or shall be established on the Contractor's web-site in the Internet network "Internet"
2.3 The Contractor renders services under this Agreement personally or with the involvement of third parties, and the Contractor is responsible for the actions of third parties to the Customer as his own.
2.4 Acceptance of this Offer is expressed in the performance of conclusive actions, in particular:
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;
by drawing up and filling in an application for placing an order for the provision of Services;
by communicating the information required for the conclusion of the Agreement by phone, e-mail, indicated on the Executor's site in the Internet, including the Executor's return call at the Customer's request;
payment for the Services by the Customer.
This list is not exhaustive, there may be other actions that clearly express the person's intention to accept the counterparty's offer.
3. Rights and obligations of the Parties3.1 The Contractor is obliged: 3.1.1 In fulfillment of the Customer's application:
Analyze information, documents and other materials provided by the Customer;
answer the Customer's questions based on the studied documents and information received from the Customer;
describe potential risks and give a forecast of the situation development;
if necessary, draft documents.
3.1.2 Provide information and consulting services within the terms, in accordance with the terms of this Agreement, and with proper quality.
3.2 The Customer shall: 3.2.1 Provide the Contractor with the documentation and information necessary for the latter to fulfill the assumed obligations
3.2.2 Provide all possible assistance to the Contractor in fulfillment of his obligations under this Contract.
3.2.3 Timely make payment for the cost of the Contractor's services in accordance with the terms of this Offer.
3.3 The Contractor has the right:
3.3.1 Receive from the Customer documents, explanations and additional information related to the issue of counseling and necessary for quality rendering
3.4 The Customer has the right:
3.4.1. To exercise control over the progress of the provision of services without interfering with the activities of the Contractor.
3.4.2. To refuse to fulfill this Agreement on condition of payment to the Executor of actually incurred expenses.
3.4.3 The Customer guarantees that all conditions of the Contract are clear to him; the Customer accepts the conditions without reservations and in full. Translated with www.DeepL.com/Translator (free version)
4. Price and procedure of calculations
4.1 The cost, as well as the procedure for rendering information and consulting services 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 network
4.2 All settlements under the Contract are made in non-cash order.
5. Proper provision of services
5.1 The Contractor shall refund money for services not rendered (poorly rendered, not rendered in full, rendered with violation of terms) under this Offer on the grounds and in accordance with the requirements of the Law of the Russian Federation from 07.02.1992 N 2300-1 "On Protection of Consumer Rights", other legal acts adopted in accordance with it, the requirements of the Civil Code of the Russian Federation, other applicable regulations of the Russian Federation.
5.2 Refund for unprovided (poorly rendered) services under this Offer shall be made on the basis of the Customer's request (claim) in the manner and within the terms established by the legislation of the Russian Federation. Compliance with the claim procedure is mandatory, the term of response to the claim - 10 working days.
6. Confidentiality and security
6.1 When implementing this Agreement, the Parties shall ensure confidentiality and security of personal data in accordance with the current version of the Federal Law dated 27.07.2006 No. 152-FZ "On Personal Data" and the Federal Law dated 27.07.2006 No. 149-FZ "On Information, Information Technologies and Information Protection".
6.2 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.
6.3 Confidential information means any information transferred by the Customer and the Contractor in the course of realization of the Contract and subject to protection, exceptions are specified below.
6.4 Such information may be contained in local normative acts, contracts, letters, reports, analytical materials, research results, schemes, schedules, specifications and other documents provided by the Contractor, both on paper and electronic media. Translated with www.DeepL.com/Translator (free version)
7. Force Majeure7.1 The Parties shall be released from liability for failure to fulfill or improper fulfillment of obligations under the Agreement if proper fulfillment of obligations under the Agreement 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.
7.2 In case of occurrence of such circumstances, the Party shall notify the other Party thereof within 30 (Thirty) business days.
7.3 The document issued by the authorized state body shall be sufficient evidence of the existence and duration of force majeure.
7.4. If the force majeure continues for more than 60 (Sixty) business days, each Party shall have the right to unilaterally cancel this Agreement.
8. Responsibility of the Parties8.1. In case of non-fulfillment and/or improper fulfillment of their obligations under the Agreement, the Parties shall be liable in accordance with the terms of this Offer.
8.2. The Party that failed to fulfill or improperly fulfilled its obligations under the Contract shall be obliged to compensate the other Party for the losses caused by such violations.
9. Term of validity of this Offer9.1 The Offer comes into force from the moment of its placement on the Contractor's Website and is valid until its withdrawal by the Contractor.
9.2 The Contractor 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 Agreement or in the course of its execution.
9.3 The Agreement shall come into force from the moment of Acceptance of the terms and conditions of this Offer by the Customer and shall remain in force until the Parties fulfill their obligations under the Agreement in full.
9.4. 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. Translated with www.DeepL.com/Translator (free version)
10. Additional terms and conditions10.1 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.
10.2 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 settlement procedure is mandatory.
10.3 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.).
10.4 All documents to be provided in accordance with the terms of this Offer shall be drawn up in Russian or have a duly certified translation into Russian.
10.5. 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, and does not mean a waiver of its rights in case one of the Parties commits the same or similar violations in the future.
10.6 If on the Executor's Website in the Internet there are 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 result from the use of such links. Translated with www.DeepL.com/Translator (free version)
11. Реквизиты Исполнителя
Full name: PROFO PUBLIC LIMITED LIABILITY COMPANY
Tax Identification Number (INN): 56654445
Primary State Registration Number (OGRN): 112211233455433
Contact phone: +7 920 259-35-77
Contact e-mail: openmeprofo@gmail.com