for the conclusion of an agreement for information and consulting services provided through the imiji online platform (including the sites imiji.io, img.life, imiji.ru and their subdomains).
This Public Offer sets out the terms for concluding an Agreement for information and consulting services (hereinafter referred to as the "Information and Consulting Services Agreement" and/or the "Offer", the "Agreement"). This Offer is a proposal addressed to one or several specific persons that is sufficiently definite and expresses the intention of the person making the proposal to consider themselves to have concluded the Agreement with the addressee who accepts the proposal.
Performing the actions specified in this Offer confirms the consent of both Parties to conclude the Information and Consulting Services Agreement on the terms, in the manner and to the extent set out in this Offer.
The text of the Public Offer set out below is the Provider's official public proposal, addressed to an interested group of persons, to conclude an Information and Consulting Services Agreement in accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation.
The Information and Consulting Services Agreement is considered concluded and comes into force from the moment the Parties perform the actions provided for in this Offer, meaning unconditional and full acceptance of all terms of this Offer without any exceptions or restrictions, on the terms of accession.
Agreement — the text of this Offer together with its Appendices, which are an integral part of this Offer, accepted by the Customer by performing implied actions provided for by this Offer.
Implied actions — conduct that expresses consent to a counterparty's proposal to conclude, amend or terminate an agreement. Such actions consist of full or partial performance of the conditions proposed by the counterparty.
Provider's Website — a set of computer programs and other information contained in an information system, access to which is provided via the Internet under the domain name and network address: imiji.io (including subdomains and related domains img.life, imiji.ru).
Parties to the Agreement (Parties) — the Provider and the Customer.
Service — information and consulting services provided by the Provider to the Customer in the manner and on the terms established by this Offer.
2.1. The Provider undertakes to render information and consulting services to the Customer, 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 the provision of Services are determined based on information provided by the Provider when the Customer places a request, or are established on the Provider's Website: imiji.io.
2.3. The Provider renders services under this Agreement either personally or with the involvement of third parties, and the Provider is liable to the Customer for the actions of third parties as for its own actions.
2.4. Acceptance of this Offer is expressed through implied actions, in particular:
This list is not exhaustive; other actions that clearly express a person's intention to accept the counterparty's proposal are also possible.
3.1.1. In fulfilling the Customer's request:
3.1.2. Render the information and consulting services within the time limits set out in this Agreement and with appropriate quality.
3.2.1. Provide the Provider with the documentation and information necessary for the Provider to fulfil its obligations.
3.2.2. Provide all possible assistance to the Provider in fulfilling its obligations under this Agreement.
3.2.3. Pay for the Provider's services in a timely manner in accordance with the terms of this Offer.
3.3.1. Receive from the Customer documents, clarifications and additional information relevant to the consultation and necessary for the proper rendering of the Services.
3.4.1. Monitor the progress of the services being rendered, without interfering in the Provider's activities.
3.4.2. Withdraw from this Agreement, provided that the Provider is reimbursed for expenses actually incurred.
3.4.3. The Customer guarantees that all terms of the Agreement are understood; the Customer accepts the terms without reservation and in full.
4.1. The cost, as well as the procedure for rendering the information and consulting services, is determined based on information provided by the Provider when the Customer places a request, or is established on the Provider's Website: imiji.io.
4.2. All payments under the Agreement are made by non-cash transfer.
5.1. Refunds by the Provider for services not rendered (rendered improperly, rendered incompletely, or rendered with a delay) under this Offer are made on the grounds and in accordance with the requirements of the Law of the Russian Federation dated 07.02.1992 No. 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, and other applicable legal acts of the Russian Federation.
5.2. Refunds for services not rendered (rendered improperly) under this Offer are made on the basis of the Customer's demand (claim) in the manner and within the time limits established by the legislation of the Russian Federation. Compliance with the claims procedure is mandatory; the response time to a claim is 10 business days.
6.1. In performing this Agreement, the Parties ensure the confidentiality and security of personal data in accordance with the current version of Federal Law No. 152-FZ "On Personal Data" dated 27.07.2006 and Federal Law No. 149-FZ "On Information, Information Technologies and Information Protection" dated 27.07.2006.
6.2. The Parties undertake to maintain the confidentiality of information received in the course of performing this Agreement and to take all possible measures to protect the information received from disclosure.
6.3. Confidential information means any information transmitted by the Customer and the Provider in the course of performing the Agreement that is subject to protection, with the exceptions specified below.
6.4. Such information may be contained in local regulations, agreements, letters, reports, analytical materials, research results, diagrams, charts, specifications and other documents provided by the Provider, whether in paper or electronic form.
7.1. 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, that is, extraordinary and unavoidable circumstances under the given conditions, which include: prohibitive actions of authorities, epidemics, blockades, embargoes, earthquakes, floods, fires or other natural disasters.
7.2. If such circumstances occur, a Party must notify the other Party within 30 (thirty) business days.
7.3. A document issued by an authorized government body is sufficient confirmation of the existence and duration of force majeure.
7.4. If force majeure circumstances continue to apply for more than 60 (sixty) business days, each Party has the right to unilaterally withdraw from this Agreement.
8.1. In the event of non-performance and/or improper performance of their obligations under the Agreement, the Parties shall be liable in accordance with the terms of this Offer.
8.2. A Party that has failed to perform or has improperly performed its obligations under the Agreement shall compensate the other Party for losses caused by such violations.
9.1. The Offer comes into force from the moment it is published on the Provider's Website and remains in effect until it is withdrawn by the Provider.
9.2. The Provider reserves the right to amend the terms of the Offer and/or withdraw the Offer at any time at its own discretion. Notice of any amendment or withdrawal of the Offer is communicated to the Customer, at the Provider's discretion, by posting on the Provider's Website, in the Customer's personal account, or by sending a corresponding notice to the email or postal address provided by the Customer when concluding the Agreement or in the course of its performance.
9.3. The Agreement comes into force from the moment the Customer accepts the terms of this Offer and remains in effect until the Parties have fully performed their obligations under the Agreement.
9.4. Amendments made by the Provider to the Agreement and published on the website in the form of an updated Offer are deemed fully accepted by the Customer.
10.1. The Agreement, its conclusion and performance, is governed by the current legislation of the Russian Federation. All matters not regulated, or not fully regulated, by this Offer are governed in accordance with the substantive law of the Russian Federation.
10.2. In the event of a dispute arising between the Parties in the course of performing their obligations under an Agreement concluded on the terms of this Offer, the Parties must settle the dispute amicably before initiating court proceedings. Court proceedings are conducted in accordance with the legislation of the Russian Federation. Disputes or disagreements that the Parties fail to resolve by agreement shall be settled in accordance with the legislation of the Russian Federation. A pre-trial dispute resolution procedure is mandatory.
10.3. The Parties have determined Russian to be the language of the Agreement concluded on the terms of this Offer, as well as the language used in any interaction between the Parties (including correspondence, the provision of demands / notices / clarifications, and the provision of documents, etc.).
10.4. All documents to be provided in accordance with the terms of this Offer must be drawn up in Russian or have a Russian translation certified in the prescribed manner.
10.5. The failure of a Party to act in the event of a violation of the terms of this Offer does not deprive the interested Party of the right to protect its interests at a later time, nor does it constitute a waiver of its rights in the event of similar or related violations committed by a Party in the future.
10.6. If the Provider's Website contains links to other websites and third-party materials, such links are provided solely for informational purposes, and the Provider has no control over the content of such sites or materials. The Provider is not liable for any losses or damages that may arise from the use of such links.