Public Offer
General Provisions
- This Public Offer contains the terms of entering into an Agreement for Information and Consulting Services (hereinafter referred to as the 'Information and Consulting Services Agreement' and/or 'Offer', 'Agreement'). This Offer is recognized as a proposal addressed to one or more specific persons, which is sufficiently specific and expresses the intention of the person who made the proposal to consider themselves as having entered into an Agreement with the addressee who accepts the proposal.
- Performing the actions specified in this Offer confirms the agreement of both Parties to enter into an Information and Consulting Services Agreement under the terms, procedures, and scope outlined in this Offer.
- The following text of the Public Offer constitutes the official public offer of the Contractor addressed to an interested group of persons to enter into an Information and Consulting Services Agreement in accordance with Clause 2 of Article 437 of the Civil Code of the Russian Federation.
- The Information and Consulting Services Agreement is deemed concluded and takes effect from the moment the Parties perform the actions stipulated in this Offer, indicating unconditional and full acceptance of all the terms of this Offer without any exceptions or limitations.
Terms and Definitions
- Agreement – the text of this Offer with Appendices, which are an integral part of this Offer, accepted by the Customer by performing the conclusive actions stipulated in this Offer.
- Conclusive actions – behavior that expresses agreement with the counterparty's proposal to enter into, modify, or terminate an agreement. Actions consist of fully or partially fulfilling the conditions proposed by the counterparty.
- Contractor's Website on the Internet – a collection of software and other information contained in an information system, access to which is provided via the Internet at the domain name and address: https://streamrise.ru
- Parties to the Agreement (Parties) – the Contractor and the Customer.
- Service – information and consulting services provided by the Contractor to the Customer under the terms and conditions set forth in this Offer.
Subject of the Agreement
- The Contractor undertakes to provide the Customer with information and consulting services, and the Customer undertakes to pay for them under the terms, procedure, and timelines established by this Agreement.
- The name, quantity, procedure, and other conditions for the provision of Services are determined based on the Contractor's details when the Customer submits a request or as specified on the Contractor's Website on the Internet https://streamrise.ru
- The Contractor provides services under this Agreement personally or engages third parties, while the Contractor remains responsible to the Customer for the actions of such third parties as if they were their own.
- Acceptance of this Offer is expressed by performing conclusive actions, in particular:
- actions related to registering an account on the Contractor's Website on the Internet if account registration is necessary;
- by preparing and completing a request to place an order for the provision of Services;
- by providing the required details for entering into an Agreement by phone, email, as specified on the Contractor's Website on the Internet, including when the Contractor calls back based on the Customer's request;
- payment for the Services by the Customer.
- This list is not exhaustive; other actions that clearly express the person's intent to accept the counterparty's proposal may also apply.
Rights and Obligations of the Parties
- The Contractor is obligated to:
- Fulfill the Customer's request:
- analyze the information, documents, and other materials provided by the Customer;
- answer the Customer's questions based on the documents reviewed and information received from the Customer;
- describe potential risks and provide a forecast of the situation's development;
- prepare document drafts if necessary.
- Provide information and consulting services promptly, under the terms of this Agreement, and with proper quality.
- The Customer is obligated to:
- Provide the Contractor with the documentation and information necessary for the Contractor to fulfill their obligations.
- Provide all possible assistance to the Contractor in fulfilling their obligations under this Agreement.
- Pay for the Contractor's services on time under the terms of this Offer.
- The Contractor has the right to:
- Receive from the Customer documents, clarifications, and additional information related to the consultation question and necessary for providing quality services.
- The Customer has the right to:
- Monitor the progress of the services being provided without interfering in the Contractor's activities.
- Withdraw from the Agreement provided they compensate the Contractor for the actual expenses incurred.
- The Customer guarantees that they understand all the terms of the Agreement; the Customer accepts the terms unconditionally and in full.
Price and Payment Procedure
- The cost and procedure for providing information and consulting services are determined based on the Contractor's details when the Customer submits a request or as specified on the Contractor's Website on the Internet: https://streamrise.ru
- All payments under the Agreement are made in a non-cash manner.
Proper Provision of Services
- Refunds by the Contractor for services not provided (provided poorly, incompletely, or late) under this Offer are carried out under the provisions and requirements of the Russian Federation's Consumer Protection Law dated February 7, 1992, No. 2300-1, other legal acts adopted in accordance with it, the requirements of the Civil Code of the Russian Federation, and other applicable regulations of the Russian Federation.
- Refunds for services not provided (poorly provided) under this Offer are made based on the Customer's claim in the manner and within the timelines established by Russian legislation. Observing the pre-claim procedure is mandatory, and the response period for a claim is 10 working days.
Confidentiality and Security
- In implementing this Agreement, the Parties ensure the confidentiality and security of personal data under the current edition of the Federal Law No. 152-FZ 'On Personal Data' dated July 27, 2006, and Federal Law No. 149-FZ 'On Information, Information Technologies, and Information Protection' dated July 27, 2006.
- The Parties undertake to maintain the confidentiality of the information received during the execution of this Agreement and take all possible measures to prevent its disclosure.
- Confidential information means any information transmitted by the Customer and Contractor during the implementation of the Agreement and subject to protection, with exceptions specified below.
- Such information may be contained in the Contractor's local regulatory acts, contracts, letters, reports, analytical materials, research results, schemes, graphs, specifications, and other documents presented in both paper and electronic formats.
Force Majeure
- The Parties are released from liability for non-performance or improper performance of obligations under the Agreement if proper performance was impossible due to force majeure, i.e., extraordinary and unavoidable circumstances under the given conditions, including government prohibitions, epidemics, blockades, embargoes, earthquakes, floods, fires, or other natural disasters.
- In case of such circumstances, the Party must notify the other Party within 30 (Thirty) working days.
- A document issued by an authorized state body is sufficient confirmation of the existence and duration of force majeure.
- If force majeure circumstances persist for more than 60 (Sixty) working days, each Party has the right to terminate this Agreement unilaterally.
Liability of the Parties
- In case of non-performance and/or improper performance of their obligations under the Agreement, the Parties are liable under the terms of this Offer.
- The Party that failed to fulfill or improperly fulfilled its obligations under the Agreement must compensate the other Party for the damages caused by such violations.
Term of this Offer
- The Offer comes into force from the moment it is posted on the Contractor's Website and remains valid until it is revoked by the Contractor.
- The Contractor reserves the right to amend the terms of the Offer and/or revoke the Offer at any time at their discretion. Information about amendments or revocation of the Offer is communicated to the Customer, at the Contractor's choice, by posting on the Contractor's Website, in the Customer's Personal Account, or by sending a notification to the email or postal address provided by the Customer when concluding the Agreement or during its execution.
- The Agreement comes into force from the moment the Customer accepts the terms of this Offer and remains valid until the Parties fully fulfill their obligations under the Agreement.
- Changes made by the Contractor to the Agreement and published on the website in the form of an updated Offer are deemed accepted by the Customer in full.
Additional Conditions
- The Agreement, its conclusion, and execution are governed by the current legislation of the Russian Federation. Any issues not regulated or incompletely regulated by this Offer are governed by the substantive law of the Russian Federation.
- In case of a dispute that may arise between the Parties during the execution of their obligations under the Agreement concluded under the terms of this Offer, the Parties are obliged to resolve the dispute amicably before initiating legal proceedings.
- Legal proceedings are conducted under the legislation of the Russian Federation.
- Disputes or disagreements that the Parties fail to resolve are subject to resolution under the legislation of the Russian Federation. The pre-trial settlement procedure is mandatory.
- The Parties have agreed that the language of the Agreement concluded under this Offer and the language used in all interactions (including correspondence, submission of claims/notices/explanations, provision of documents, etc.) is Russian.
- All documents to be provided under the terms of this Offer must be drafted in Russian or have a certified translation into Russian.
- Failure by one Party to act in case of a breach of this Offer's terms does not deprive the interested Party of the right to protect their interests later and does not imply a waiver of their rights in the event of similar or comparable breaches by the other Party in the future.
- If the Contractor's Website contains links to other websites and materials of third parties, such links are provided solely for informational purposes, and the Contractor has no control over the content of such sites or materials. The Contractor is not liable for any losses or damages that may result from the use of such links.
Contractor's Details
- Full name: Богачев Александр Михайлович
- TIN: 237201958986
- OGRN/OGRNIP: 322237500179065
- Contact email: [email protected]