PUBLIC OFFER
for the conclusion of a contract for the provision of paid services
Abakumova Svetlana Igorevna (hereinafter referred to as the Contractor) offers to conclude a contract for the provision of paid services on the following terms:
1. Terms and definitions
The Customer is a person who has accepted the terms of the Offer by Accepting it.
The performer is Svetlana Igorevna Abakumova, who applies a special tax regime – the tax on professional income.
An information resource is a means of recording the exchange of documents and legally significant messages (chat, chatbot, e–mail, messenger, etc.) between the Customer and the Contractor. An information resource is created by the Contractor for one or more customers who receive the Contractor's services.
Messages sent to the Customer in the Information Resource are considered received by the Customer on the day they are sent.
The Information Resource is administered and archived by the Contractor.
Services – consultation, provision of information materials, provision of a standard version of a residential design project, assistance in creating an individual design project of a residential building based on standard options, provision of information about goods (background information, not advertising).
The tariff is a set of services provided by the Contractor to the Customer for a certain fee. Each Tariff determines the types and scope of Services selected by the Customer, as well as their cost. The tariffs are posted in the Information Resource and/or on the Contractor's website.
Website – the official website of the Performer on the Internet - abakumovas.ru .
The offer is the Contractor's present offer to conclude a contract for the provision of paid services, which is interpreted and regulated in accordance with current Russian legislation.
Acceptance is the commission by the Customer of actions aimed at concluding a contract, that is, full and unconditional acceptance of the terms of this Offer.
2. General provisions
2.1. In accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation, this document is a public offer.
2.2. This Agreement is concluded on the terms set forth therein by acceptance of the Offer by the Customer, which is considered compliance with the written form of the Agreement.
2.3. The acceptance of the Offer is considered to be the full and unconditional acceptance of the Offer by the Customer performing the following actions together or separately:
2.3.1. Registration on the Website with the indication of their contact details;
2.3.2. Making payments for Services according to the Tariffs;
2.3.3. Performing technical and organizational actions necessary to activate the Contractor's Information Resource.
2.4. From the moment of implementation of clause 2.3 of this Agreement, this Offer becomes a Contract, and the person who made them becomes the Customer.
2.5. By accepting this Offer, the Customer guarantees that he has already read, agrees and fully accepts all the terms of the Offer in the form in which they are set out in the text of this Offer, as well as is familiar with the cost of Services.
2.6. This Agreement does not require sealing and/or signing by the Contractor and the Customer in simple written form, while maintaining full legal force.
2.7. This Agreement is posted on the Website.
2.8. The Contractor has the right to unilaterally amend the terms of this Agreement at any time. Changes to the terms of this Agreement begin to take effect from the moment they are published on the Website.
3. Subject of the Agreement
3.1. In accordance with the terms of this Agreement, the Contractor undertakes to provide Services to the Customer, and the Customer undertakes to accept and pay for the Services provided.
3.2. The volume and cost of Services are determined in each specific Tariff.
3.3. The Contractor provides Services remotely.
3.4. The quality of the Services and the results of the Contractor's Services must meet and comply with the requirements of the current legislation of the Russian Federation.
3.5. If, upon acceptance of the Services by the Customer, deficiencies are found in the quality of the Services provided or as a result of the Services, the Customer has the right: - to demand the Contractor's gratuitous elimination of such deficiencies; - demand a proportionate reduction in the cost of the Contractor's Services.
3.6. The Contractor has a subjective professional judgment regarding the Services provided. The Customer's disagreement with the Contractor's opinion is not a reason for canceling the Contract and cannot be a sign of poorly rendered Services.
4. The period of acceptance. The term of the Agreement. The period of service provision
4.1. The period for acceptance by the Customer is unlimited until the moment of withdrawal of the Offer by the Contractor.
4.2. The Agreement comes into force from the moment of Acceptance and is valid until the Parties fully fulfill their obligations.
4.3. The Customer's obligations are considered fulfilled from the moment of full payment for the Contractor's Services according to the Tariffs.
4.4. The obligations of the Contractor are considered fulfilled from the moment of the end of the provision of Services.
4.5. Unless otherwise specified in a specific Tariff, the period for the provision of Services is no more than 7 (seven) working days from the date of payment for Services and receipt of the necessary documents and information from the Customer.
4.6. The Contractor has the right to increase the time for the provision of Services in proportion to the time required to receive relevant documents and information from the Customer, as well as to obtain the necessary approvals from the Contractor.
4.7. The transfer of the date and time of the provision of Services to another date and time is possible at the initiative of the Contractor in any case. The Contractor is obliged to notify the Customer of the new date and time of rendering the Service no later than 1 (one) day before the expected date of rendering the Services. The proper notification in this case will be informing the Customer in the Information Resource.
4.8. The Customer is responsible for the possible adverse consequences of the inability to receive Services from the Contractor for the following reasons:
- the inability to participate in dialogues with the Performer, coordination of the Performer's actions on the appropriate dates and times in the Information Resource;
- lack of technical ability to receive / send information, participate in dialogues with the Contractor in an Information resource.
5. Rights and obligations of the Parties
5.1. The rights of the Customer:
5.1.1. To require proper and timely provision of Services by the Contractor.
5.1.2. To contact the Contractor on all issues related to the provision of Services, as well as to ask questions related to the provision of Services.
5.2. Obligations of the Customer:
5.2.1. To pay for Services in accordance with the procedure and terms provided for in this Agreement.
5.2.2. Independently and in a timely manner to familiarize yourself with all the terms of the Agreement before the acceptance of the Offer, as well as with changes to these terms, with the current version of the Agreement every time you visit the Site after the Acceptance of the Offer.
5.2.3. Promptly transfer all necessary and reliable documents and information to the Contractor. When performing the actions necessary to receive Services on the Site, fill in the necessary mandatory fields indicating reliable information.
5.2.4. Independently ensure the possibility of using the Contractor's Services on their part, namely:
- availability of telephone communication;
- availability of Internet access;
- availability of software compatible with the transmission of information from the Contractor, and other necessary means;
- organization of other technical measures to receive Services;
- ensuring their participation (participation of representatives) when communicating in an Information resource.
5.2.5. Immediately notify the Contractor of changes in their contact and registration data.
5.3. Rights of the Contractor:
5.3.1. Independently determine the ways and methods of providing Services.
5.3.2. To form Tariffs at your discretion.
5.3.3. To provide Services only after the Customer Accepts the Offer.
5.3.4. To receive from the Customer any information necessary for the provision of Services. In case of non-presentation or incomplete or incorrect presentation of information by the Customer, the Contractor has the right to suspend the fulfillment of its obligations until the necessary information is provided in full.
5.3.5. To make a photo / video/audio recording of the Services provided.
5.3.6. To make changes and additions to this Agreement at any time.
5.3.7. To involve third parties for the provision of Services under this Agreement without the consent of the Customer.
5.4. Obligations of the Contractor:
5.4.1. To provide Services to the Customer in an appropriate manner in accordance with the terms of this Agreement.
5.4.2. Not to disclose information about the Customer's personal data without his consent and to process them solely for the purpose of fulfilling this Agreement.
5.4.3. Use the Information Resource to provide Services.
6. The Cost Of Services. The order of delivery of services and payments
6.1. The cost of Services is determined according to the Tariff(s) chosen by the Customer.
6.2. Unless otherwise specified in the Tariff, payment for Services is carried out in the order of 100 (one hundred) percent prepayment according to the Contractor's details.
6.3. Payment for Services under this Agreement is made by transferring funds by the Customer to the Contractor's bank account. The link to the payment can be contained on the Website or sent to the Customer in an Information resource.
6.4. The Customer is considered to have fulfilled the obligation to pay for Services from the moment of receipt of funds to the Contractor's bank account. The Customer undertakes to place a document confirming payment for Services in the information resource.
6.5. The total cost of the Services does not include the Customer's expenses for Internet services, communication services, software and other similar expenses. The specified and other expenses of the Customer necessary to ensure communication with the Contractor in order to obtain information and Services are borne by the Customer independently.
6.6. The cost of Services is indicated without taking into account the commission of payment systems and/ or banks, the cost of currency conversion, as well as any other payments that may be necessary according to the terms of use of the payment system to pay for Services. The expenses specified in this paragraph and related to the payment of Services, including, but not excluding, commission, currency conversion (including double) and other expenses are borne by the Customer in full.
6.7. Under this Agreement, the cost of Services is not subject to recalculation in the event of the Customer's refusal of Services or the Customer's inability to use the Services (for reasons of his guilty actions or omissions) due to the fact that the Contractor, in order to provide Services to the Customer, pays for the labor of end performers, pays for software and hardware to service the Customer's generated requests, performs other activities, thereby actually incur costs that cannot be canceled.
6.8. When the Contractor provides additional Services not provided for by the Tariffs, but agreed (agreed) by the Customer, the Customer pays for such Services in the manner determined by the parties in the Information Resource.
6.9. Upon completion of the provision of Services, the Contractor draws up a unilateral act of delivery of services and sends it to the Customer.
6.10. The absence of motivated claims on the part of the Customer, sent to the Contractor in writing or through an Information Resource within two days from the end of the provision of Services, is a confirmation that the Services were provided qualitatively, properly, in full and accepted by the Customer without comments and complaints.
7. Responsibility of the Parties
7.1. The Contractor's liability is limited to the cost of Services under the Agreement.
7.3. In case of inability to provide Services due to the fault of the Customer, the Services are subject to payment in full.
7.4. For late payment of Services, the Customer pays the Contractor a penalty in the amount of 0.1 (zero point one) percent of the cost of Services rendered for each day of delay.
8. Dispute Resolution
8.1. All disputes and disagreements that may arise during the performance of the terms of this Agreement, the Parties will seek to resolve through negotiations, including through the exchange of claims. The time limit for responding to a claim is 10 (ten) days from the date of its receipt.
8.2. All disputes not settled in a claim procedure related to the conclusion, interpretation, execution, modification and termination of the Agreement are transferred to the Kuntsevsky District Court of Moscow. If the amount of the claims is 50,000 rubles or less, to the justice of the peace of the judicial district No. 202 of the city of Moscow.
9. Customer's Assurances
9.1. The Customer guarantees that by the time of Acceptance of this Offer he has reached the age of 18, is fully capable and has no restrictions for concluding transactions.
9.2. The Customer confirms that prior to the conclusion of the Contract (Acceptance of this Offer), he received from the Contractor (including by studying the Website) all complete information about the terms, procedure for the provision of Services, cost and scope of Services.
By accepting the Offer, the Customer confirms that he understands all the essential terms of this Agreement, he was able to ask all his questions and received answers to them.
9.3. The Customer confirms that the forecasts generated by the Contractor and announced to the Customer as part of the provision of the Service are probabilistic in nature. The Contractor does not guarantee the occurrence of those events that are announced to the Customer as part of a personal consultation. The non-occurrence of these events cannot indicate poor-quality provision of the Service.
9.4. The Customer agrees that the Contractor is not responsible for the unjustified expectations of the Customer that arose after the provision of Services, due to the fact that such expectations were formed by the Contractor independently without any influences, compulsions and other influences from the Customer.
9.5. In order for the Contractor to publish the Customer's reviews about the Contractor and the Services provided by him, the Customer provides, free of charge, consent to the publication and further use of the text content of the reviews, the Customer's image (including an avatar on a social network), in order to place such an image on the Contractor's Website, in information and promotional materials of the Contractor and any other for purposes related to the Contractor's activities and not contrary to current legislation. Consent is given from the date of conclusion of this Agreement for an indefinite period.
9.6. The Customer, in accordance with Part 1 of Article 18 of the Federal Law No. 38-FZ dated 03/13.2006 "On Advertising", gives his consent to receive advertising information via telecommunication networks, namely telephone, fax and the Internet in terms of services provided by the Customer and his partners.
9.7. The Customer has received clarifications that, according to paragraph 5 of part 1 of Article 6 of the Federal Law "On Personal Data", the Customer's consent to the processing of his personal data is not required, since this processing of personal data is necessary for the performance of the Contract to which the Customer is a party.
10. Copyright
10.1. The Parties have agreed that the exclusive rights to the results of intellectual activity (copyrights) for standard versions of the residential design project, as well as an individual residential design project created for the Customer on the basis of standard options proposed by the Contractor, belong to the Contractor.
10.2. The Contractor grants the Customer the right to use for personal purposes not related to profit-making and advertising, a standard version of the residential design project, as well as an individual residential design project created for the Customer on the basis of standard options proposed by the Contractor. In this case, the reference to the authorship of the Performer is mandatory.
10.3. This section applies to any possible objects of copyright, including, but not limited to, architectural works, sketches and drawings, design projects, 3D visualization of interiors and exteriors and other creative solutions, as well as to photo and video materials of the Contractor, including those created at the facility and in relation to the Customer's facility.
11. Details and contact information of the Contractor:
Abakumova Svetlana Igorevna
+79165655221
Account number:
40817810900004216056
Purpose of payment:
Transfer of funds under contract No. 5054707731 Abakumova Svetlana Igorevna is not subject to VAT
BIC:
044525974
Recipient bank:
JSC "TBank"
Correspondent account:
30101810145250000974
TIN, if necessary:
7710140679
CHECKPOINT if necessary:
771301001