CONTRACT FOR SERVICE OFFERING
November 29, 2017
The Offer text below is addressed to any individual or legal entity, as well as to an individual entrepreneur, hereinafter referred to as the “User”, and is an official public offer of the Sole Proprietor, Bobkov Mikhail Andreevich, referred as the “Contractor”.
The User and the Contractor, referred as “Parties”, conclude an agreement for rendering services in accordance with cl. 437 of the Civil Code of the Russian Federation regulating the procedure for rendering services and obligations arising in this connection between the Contractor and the User.
- General Provisions
1.1. To use the Service provided by the Contractor, the User must accept this Agreement, otherwise the User is not entitled to use the Services provided by the Contractor.
1.2. The present Agreement between the User and the Contractor on the form of his conclusion is the Agreement of accession (Article 428 of the Civil Code of the Russian Federation), the terms of which are defined below in the text and can be accepted by the User only by fully accepting this Agreement.
1.3. The services rendered by the Contractor are constantly and dynamically developing. This means that in the Services, the Software of the Contractor, its functions and components, in the form and provision of the Services, on the Contractor’s website and in all materials, information, conditions, texts, programs, modules and components, interfaces, graphics, all the rest that in one way or another relates to the provision of the Services by the Contractor, there will be constant changes, and the Contractor may at any time edit the terms of this Agreement.
1.4. Any editing’s to these terms and conditions of the Agreement will be displayed on the web page: https://bobkov.biz/?page_id=1007, and the use (continued use) by the User of the services after making such editing means full and unconditional acceptance of the Offer subject to the changes introduced.
- Terms and definitions
In this Offer, the following terms are used in the following meaning:
2.1. The offer is the present document “CONTRACT FOR SERVICE OFFERING” – an agreement of two or more persons on the establishment, modification or termination of civil rights and obligations.
2.2. Publication – placement of the document in free access on the Internet at the address specified in the Offer.
2.3. Acceptance of the offer – the user’s performance of any conclusive actions in relation to the use of the Program, as provided for by this agreement, and is not, is the full and unconditional acceptance (acceptance) of all the terms of this Agreement.
2.4. The user is any natural or legal person or a sole proprietor who is able to use services of the Contractor, who is capable person, including having reached legal capacity, and if such person is a subject to the legislation of the Russian Federation, the state of which such person is a resident of the territory of such person is the person uses the services of the Contractor, the use of services provided by the Contractor is allowed.
2.5. The Website of the Contractor is an official information resource (website) located on the Internet at https://bobkov.biz/
2.6. The program is a technological stand-alone part of the software package and (or) a software package that provides information, technological and other services to Users, provision of services in accordance with this Treaty.
- Subject of the Agreement
3.1. The Contractor undertakes to provide the Customer with a non-exclusive right to use the software by the terms determined in this Agreement by using specialized software – the Contractor’s Program.
- User Rights
4.1. Independently making decisions on the use of services provided by the Contractor and receive such services of the Contractor in accordance with and on the basis of this Agreement.
4.2. The User has no right and the User is expressly prohibited from decompiling, disassembling and otherwise studying the source code of the Programs.
4.3. The User has no right and the User is expressly prohibited from selling, renting or temporarily using any other way and manner than the method of use specified in this contract, the Contractor’s Program and the Contractor’s Services.
4.4. User has no right and User is not allowed to modify the Program.
4.5. The User has no right and the User is expressly prohibited from transferring the Username and / or Password and / or Mail from the User’s account (s) to third parties.
- Obligations of the User
5.1. The User should timely and in full pay for the services provided and used by the User in accordance with this agreement.
5.2. In the event of the loss and / or disclosure by the User of his password for access to the services (Account) provided, the User himself bears the risk of possible adverse consequences for him.
5.3. The User undertakes not to use the Program and (or) the Services of the Contractor to download, store and / or distribute any Content created by the User, violating the Legislation of the Russian Federation or the rights and legitimate interests of third parties, or containing viruses or other malicious code. The user himself is responsible to third parties for their actions related to the placement and / or storage of the Content created by the User in the Program. The User independently and at his own expense undertakes to settle all claims of third parties related to the placement and (or) storage of the Content created by the User in the Program.
5.4. The user should be responsible for:
a) compliance with all requirements of the Russian Federation legislation, including legislation on advertising and intellectual property legislation, including legislation on the protection of copyright and related rights;
b) authenticity of the information specified by him during registration as a User.
- Representations and warranties of the User
6.1. Agreeing with the terms of this Agreement and accepting the terms of this agreement, the User hereby that:
a) All information provided by the User to the Contractor for online registration in the Program is correct and effective;
b) the User has all the rights and authority to conclude this Agreement and to perform the actions provided for by it;
c) The user complies with and will comply with all applicable laws, regulations, orders and regulations and all relevant data privacy and security laws when carrying out the activities specified in this Agreement;
d) The user voluntarily fully accepts the terms of this agreement and unconditionally. At the same time, he is fully acquainted with this agreement, fully understands the subject of this agreement and its terms, fully understands the meaning and consequences of his actions with respect to the acceptance of this offer and the provision of the Services in accordance with contract.
- Rights of the Contractor
7.1. The Contractor has the right to provide services to Users on the terms of this agreement.
The Contractor has the right to refuse to any User in rendering the Service and to block access to the User Account in the following cases:
a) if there is no authentication and / or authorization of the User, or the Contractor has reason to believe that the user’s authentication and / or authorization has been violated;
b) if there are technical difficulties at the Contractor;
c) if the User did not sent payments for services provided by the Contractor and (or) in case of late payment for the Services. The resumption of the provision of Services and the unblocking of access to the Account is possible only after the full repayment of the User’s debt to the Contractor;
d) if the User’s actions violate this agreement;
e) at its own discretion without explanation.
7.2. Amend the present contract in those cases where, under its terms, the Contractor has the right to make changes unilaterally.
7.3. Make changes to the Plans for the provision of Services and the cost of the services provided at any time and solely at its own discretion.
7.3. To retain remuneration for its services in the amount, in the order and within the terms provided by agreements with Operators, Agents, Subagents and also this Agreement.
7.4. Use third party services to fulfill its obligations under this Agreement, bearing liability to the User using such services in full and in accordance with this Agreement.
7.5. Establish limits on the use of the Services by the User.
7.6. Deny any User in the provision of services in accordance with this agreement, if the User’s rights to use the Program (services provided by the Contractor) are not certified.
7.7. The Contractor is entitled to terminate the Agreement with the User unilaterally, with simultaneous sending of a written and (or) electronic notice, if the User violates the terms of this Agreement. The moment of termination of the contract is the date of sending the appropriate notice to the User.
- Obligations of the Contractor
8.1. Allow the user to register online.
8.2. Provide the Service to the User based of this Agreement.
8.3. Provide the User with technical and informational support.
- Availability of the Service
9.1. The Contractor shall make every effort to ensure uninterrupted operation and provision of the Service to the User in the 24 hours, 7 days in a week. Nevertheless, the provision of services is carried out using communication channels, equipment, software and services, works, goods of third parties, which the Contractor cannot guarantee the availability (working capacity, etc.). Therefore, the Contractor is not liable to the User and third parties for any delays, interruptions and losses incurred in the provision of the Service not through his fault.
- Technical and information support
10.1. The Contractor provides free technical and information support for all Users through a feedback form on the Contractor’s website https://bobkov.biz/?page_id=406
- Conditions for the provision of services by the Contractor
11.1. The Contractor has the right to engage third parties, including affiliated and affiliated legal entities, to provide the Service to Users. The User agrees that third parties, as well as affiliated and affiliated with the Contractor, legal entities are entitled to provide the User with all Services within the framework of this Agreement, including on behalf of the Executor.
12.1. To access the Program, the User may be asked to provide information about himself (for example, contact details) during the registration or authorization process required by the Contractor to provide quality services in the performance of this Agreement. Transferred by the Contractor during the registration process, the data will be used solely to fulfill its obligations under this Agreement.
13.1. The performer respectfully treats the private information of his Users. Any information provided by the User is stored on the servers of the Contractor, is not disclosed and is not transferred to third parties, except at the request of official bodies in accordance with the law.
- Consent to the processing of personal data
14.1. Under the processing of the personal data of the User (the subject of personal data) is understood the actions (operations) of the Contractor with personal data, including collection, systematization, accumulation, storage, clarification (updating, modification), use, distribution (including transfer), depersonalization, destruction of personal data and other possible and (or) necessary actions with the User’s data.
14.2. This Consent to the processing of personal data is valid during the term of the Agreement and at least five years from the date of termination of the Agreement.
14.3. The conclusion of this Agreement in this form is recognized by the Parties as the User’s consent, executed in simple written form, for the processing of the following personal data: surname, name, patronymic, address, e-mail address, telephone number.
14.4. The User, for the purpose of executing this Agreement, grants the Executor the right to perform the following actions (operations) with personal data: collection and accumulation; storage during the validity of the Agreement and not less than the period of storage of the accounts established by regulatory documents, but not less than five years from the date of the termination of the Agreement; update (update, change); using; destruction; depersonalization; transmission, incl. cross-border, to third parties.
- Information provided when using
15.1. Any information to which the User accesses through the Program or through the use of the Contractor’s Services (hereinafter referred to as the “Content”) provided to the User, including but not limited to advertising information, may result from intellectual activity, the rights to which belong to its owners.
- Procedure for terminating the provision of services by the Contractor
16.1. The User agrees that the Executor, at his own discretion, may terminate (cancel, suspend) all or part of the Services and remove any materials (Content created by the User, Program data, etc.) from the User Account if, in the opinion of the Contractor, the User has violated this Agreement or existing legislation, commits any fraudulent or unlawful acts, and also if the User has connected to any part of the Services without authorization. The Contractor reserves the right to verify the reliability of any information received, which states that any account is used to commit fraudulent or unlawful acts, or was used in some way that violates this Agreement. Such a check can include logging on to the User account and / or viewing any data or information contained in it.
16.2. The termination of the provision of the Services described above can be done with or without notice and will take effect immediately. The User agrees that the Contractor is not liable to the User or other third party for such termination of the provision of the Services and is not required to return unused funds to the User.
- How to pay for the Services
17.1. Plan for the provision of Services by the Contractor, determine and determine the amount and cost of the Services provided by the Contractor. Plan information is available on the page https://bobkov.biz/?post_type=product The cost of the Services is indicated in rubles and dollars, including all taxes.
17.2. The Contractor has the right to unilaterally revise prices (plans) for the Services and introduce new plan plans and (or) set fees for newly introduced or existing services.
17.3. The continuation by the User of the receipt of the Services and / or the use of the Program after the introduction of changes to the Plans means the full and unconditional acceptance by the User of new terms – the Plans for the provision of the Services, and this Agreement continues to be effective, considering the indicated changes from the date of introduction of the changes.
17.4. In case of disagreement of the User with changes in the Plans, the User is obliged to notify the Contractor in writing about this. If the Contractor receives notification from the User about disagreement with the new Plans, the Agreement shall terminate 30 (thirty) days after the Contractor receives the notification of the User about the refusal to accept changes to the Plans, and until this moment the Service is provided according to the Plans stipulated in the current Agreement. In the event the RU-NIC does not receive notification from the User about disagreement with changes in the Plans within the established period, the Plans are deemed to be accepted by the User, and the Agreement is valid regarding the new conditions.
17.5. The cost of services is determined by the Plans and paid by the User on a prepayment basis.
17.6. If the User has no claims regarding the volume, quality, composition and price of the Contractor’s Services, within five business days after the end of the estimated period for the provision of services, the Contractor’s obligations to provide the Services shall be deemed to be duly executed and the Acceptance Certificate shall be signed. The end of the accounting period for the provision of services is the last working day of the month in which these Services were provided.
17.7. The user is solely responsible for the correctness of payments made by him. When changing the bank details of the Contractor, from the moment of publication of new details on the public, official site of the Contractor
The user is solely responsible for payments made on obsolete requisites.
17.8 The fact of payment for the Service is considered confirmed, services paid for:
a) when paying through the bank – after receipt of information from the bank on the transfer of funds to the account of the Contractor;
b) when paying by credit cards – within 1 (one) working day after receipt of confirmation of writing off money from the card from the servicing Bank Provider;
c) through other payment methods available in the personal account of the site.
17.9 When paying through the bank, the User is obliged to indicate in the payment document the name of his account and the mail indicated when registering on the site. The Contractor has the right not to provide services in case the User does not specify the account name in the payment document, until the payment document is brought into compliance.
- Lack of guarantees
18.1. The User acknowledges and agrees that the Contractor is not associated with the goods (services) of any third parties that he can choose to work with and / or manage jointly with the Contractor’s Program and is not responsible for them.
18.2. The Contractor makes no representations regarding the quality, accuracy, reliability, completeness and legality of any third party goods (services). The Contractor also does not guarantee the truthfulness and accuracy of the descriptions of any advertising blocks, links, content, advice, opinions, proposals, statements, data and other information about any goods (services) of third parties (“Unrecognized Content”) that are displayed or distributed through the Programs.
- Settlement of disputes
19.1. Disputes arising in the performance of the contract are resolved in a claim procedure. The claim is submitted in writing with the application of the documents substantiating the presented requirements, within 20 (twenty) calendar days from the moment of origin of the reason of the dispute. The received claim is considered by the Contractor within 20 (twenty) working days.
19.2. The parties will make every effort to reach agreement on disputable issues through negotiations. If it is not possible to reach agreement in the negotiations, the disputes that have arisen are subject to consideration in the Arbitration Court at the location of the Contractor with the observance of the claim procedure for resolving disputes.
19.3. For all other issues not provided for in the Agreement, the Parties are guided by the current legislation of the Russian Federation.
19.4. The parties agree to accept the information received in electronic document circulation established by the Contract, information in electronic form and / or on paper, as evidence for the resolution of disputes and disagreements, including the resolution of disputes, consideration of financial claims against the Contractor related to the provision of the Services, is carried out upon presentation by the User of the relevant financial documents confirming payment for the Services by the User.
- Circumstances of force majeure
20.1. The party is relieved of responsibility for partial or complete failure to perform obligations under the contract if this failure was a consequence of force majeure circumstances that arose after the conclusion of the contract as a result of circumstances of an emergency nature that the Party could neither foresee nor prevent by reasonable measures. Such circumstances include: telecommunication failures of a general nature, flood, fire, earthquake and other phenomena of nature, as well as war, military actions, acts or actions of state bodies and others.
20.2. If the circumstances specified in the first paragraph of the section come into play, the party whose performance they are impeding shall notify the other party in writing about them in writing within 5 (five) working days. The notice must contain information about the nature of the circumstances, which must be confirmed by the competent state or other organization, and, if possible, an assessment of their impact on the ability of the party to fulfill the obligations under the contract and the deadline for fulfilling the obligations.
20.3. In the event that the circumstances specified in the first paragraph of the section extend beyond 60 (Sixty) calendar days, the Contractor has the right to terminate the contract unilaterally out of court, while the Parties must conduct mutual settlements on the financial obligations that occurred during the performance of the contract.
20.4. If the User does not send or untimely sends the notice provided for in the second paragraph of this chapter of the contract, then the User is obliged to compensate the Contractor for the losses incurred to him.
20.5. In cases of the occurrence of circumstances provided for in the first paragraph of this chapter of the treaty, the term for the party to fulfill its obligations under this contract shall be deferred commensurate with the time during which these circumstances and their consequences act.
- Term of the contract, the procedure for concluding a contract, changing and terminating the contract
21.1. The contract is considered to be concluded and becomes valid from the moment the User takes actions (acceptance) stipulated in the Offer and signifies the User’s unconditional consent to the terms of the contract and accession to all conditions of the Offer without any changes, exceptions or limitations. If the User does not accept the terms of the Offer in full, then the User’s use of the Contractor’s Program, as well as any Services provided by the Contractor is not allowed.
21.2. The conclusion of this contract is carried out by joining the conditions of this contract (offer) in accordance with Art. 428 Civil Code and acceptance of acceptance in accordance with Art. 438 Civil Code of the Russian Federation.
21.3. In accordance with Article 438 of the Civil Code of the Russian Federation, the unconditional acceptance (acceptance) of the terms of this public offer is:
a) execution by the User of any payment for the payment of the Contractor’s services;
b) agreeing to its terms by accepting the option “Accept” and / or “Agree” or similar on the screen of a portable device, a personal computer or any other device demonstrating the text of this Agreement;
21.4. This Agreement is valid for an indefinite period until the termination of its operation on the initiative of any Party, as described in the terms of this Treaty.
21.5. The Contractor has the right to amend this Agreement. In this case, the Contractor provides access to a new version of the Agreement.
21.6. Using the Software of the Contractor, any of its services, function or component after the date of making appropriate changes to the Agreement, the User automatically accepts the terms of the amended Contract.
21.7. The User has the right to unilaterally terminate the Agreement at any time by closing all of its accounts and notifying the Contractor of the termination of the contract in the manner provided for the respective service. In all cases, the User is required to notify the Contractor of the termination of this Agreement in writing.
21.8. The Contractor, for its part, has the right to unilaterally terminate this agreement if:
a) The User has violated any provision of this Agreement, or has performed actions demonstrating unwillingness to comply with the terms of the Treaty;
b) The Contractor cannot or must terminate the provision of services to the User in accordance with legislation and regulations and (or) for any other reasons;
c) the Contractor does not have the technical or organizational capability to continue providing services;
d) the Contractor ceases rendering services in the territory of the state of which the User is a resident, or from the territory of which the User accesses the Program;
In the event of termination of the Agreement, the Parties retain all rights and obligations not limited by the validity of the Agreement.
21.9. The contract will be considered terminated within 10 (ten) working days after receipt by the Contractor of the written notification of the User.
- Copyright and exclusive rights
22.1. Any content, including databases, information materials, data on infrastructure and interfaces and other information of various kinds and formats of presentation, placed and available in the Programs or associated with it, may be the result of intellectual activity or an object of industrial property and protected by copyright legislation rights.
22.2. Any content is intended solely for personal non-commercial use, unless otherwise provided by a separate agreement with the Contractor and / or the owner of exclusive rights to such content. At the same time, any copying, reproduction, processing, distribution, transfer or lease, placement in the public Internet, any use in the media of the content without the prior written permission of the owner of exclusive rights to the content and (or) The Contractor and without reference to it are prohibited, except for the cases expressly provided for in this Agreement.
22.3. The Contractor has exclusive rights with respect to the Programs, while some components of the source code, technologies, content and other data used by the Contractor may be licensed by the Contractor by third-party licensors.
The User has no right to use any trademarks, trademarks and service marks, trade names or other objects of industrial property of the Contractor.
- Additional conditions
23.1. All documents referred to in this Agreement, as well as documents drawn up in connection with its execution, are its integral part.
23.2. If any provision of this Agreement becomes invalid, this does not affect the validity of the other provisions thereof.
23.3. Failure by any party of one of its obligations under this Treaty does not mean refusal to fulfill other obligations and rights under this Treaty.
23.4. The main language of this Treaty is Russian. Any translation of the Treaty from the Russian language is provided solely for the convenience of familiarization. In the event of any conflict between the Treaty in Russian and its translation, the version of the Treaty in Russian language shall undoubtedly prevail.
23.5. This Agreement is a binding legal agreement between the Contractor and the User regulating the use of the Services and completely replaces any previous agreements between the Contractor and the User with respect to the Services.
- Requisites of the parties
Sole Proprietor Bobkov Mikhail Andreevich
ITN(Individual Taxpayer Number) 610165407633
PSRNSP (Primary State Registration Number of the Sole Proprietor) 317619600144807
Account checking number: 40802810800000302655
Bank of the beneficiary: JSC “Tinkoff Bank”
BIC(Bank Identification Code): 044525974
Corresponding account: 30101810145250000974