for the conclusion of an agreement for information and consulting services provided using the imiji online platform (including the sites imiji.io, img.life, imiji.ru and their subdomains).
This Public Offer sets out the terms for entering into an Information and Consulting Services Agreement (hereinafter — 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 bound by the Agreement with the addressee who accepts the proposal.
Performing the actions specified in this Offer confirms the agreement of both Parties to enter into 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 official public proposal of the Provider, addressed to an interested circle 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 provided for in this Offer, which constitute unconditional and full acceptance of all terms of this Offer without any exceptions or limitations, on an accession basis.
Agreement — the text of this Offer together with its Appendices, which form an integral part of this Offer, accepted by the Customer by performing the implied actions ("conduct") provided for in this Offer.
Implied actions (conduct) — behavior that expresses agreement with the counterparty's proposal to conclude, amend or terminate an agreement. Such actions consist of full or partial performance of the terms proposed by the counterparty.
Provider's website on the Internet — the combination of computer programs and other information contained in an information system, access to which is provided via the Internet at the domain name and network address: imiji.io (including subdomains and the related domains img.life, imiji.ru).
Parties to the Agreement (Parties) — the Provider and the Customer.
Service — the 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 on the basis of information provided by the Provider when the Customer places a request, or are established on the Provider's website on the Internet, imiji.io.
2.3. The Provider renders services under this Agreement either personally or with the involvement of third parties, in which case the Provider is liable to the Customer for the actions of such third parties as for its own.
2.4. Acceptance of this Offer is expressed through implied actions (conduct), 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 fulfillment of the Customer's request:
3.1.2. Render the information and consulting services within the time limits set out in this Agreement and to a proper standard of quality.
3.2.1. Provide the Provider with the documentation and information the Provider needs to fulfill the obligations it has assumed.
3.2.2. Render all possible assistance to the Provider in the Provider's performance of 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 relating to the matter being consulted on and necessary for the proper rendering of the Services.
3.4.1. Monitor the progress of the services 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 warrants that all terms of the Agreement are clear to them; the Customer accepts the terms without reservation and in full.
4.1. The cost, as well as the procedure for the provision of information and consulting services, is determined on the basis of information provided by the Provider when the Customer places a request, or is established on the Provider's website on the Internet: imiji.io.
4.2. All payments under the Agreement are made by bank transfer (non-cash settlement).
5.1. Refunds by the Provider for services not rendered (rendered improperly, rendered incompletely, or rendered late) under this Offer are made on the grounds and in accordance with the requirements of Law of the Russian Federation No. 2300-1 of 07.02.1992 "On the Protection of Consumer Rights", other legal acts adopted pursuant to 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 (or rendered improperly) under this Offer are made on the basis of a demand (claim) from the Customer, in the manner and within the time limits established by the legislation of the Russian Federation. Compliance with the pre-trial claims procedure is mandatory; the response period for a claim is 10 business days.
6.1. In performing this Agreement, the Parties shall ensure the confidentiality and security of personal data in accordance with the current version of Federal Law No. 152-FZ of 27.07.2006 "On Personal Data" and Federal Law No. 149-FZ of 27.07.2006 "On Information, Information Technologies and the Protection of Information".
6.2. The Parties undertake to keep confidential the information obtained 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 exchanged between the Customer and the Provider in the course of performing the Agreement and subject to protection, subject to the exceptions indicated 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 their obligations under the Agreement if proper performance proved impossible due to force majeure, i.e., extraordinary and unavoidable circumstances under the given conditions, understood to mean: prohibitive actions of the authorities, epidemics, blockade, embargo, 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 for more than 60 (sixty) business days, either Party may 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 must compensate the other Party for losses caused by such violations.
9.1. The Offer takes effect from the moment it is posted on the Provider's website and remains in effect until 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 given to the Customer, at the Provider's choice, by posting it on the Provider's website on the Internet, in the Customer's personal account, or by sending a corresponding notice to the e-mail or postal address provided by the Customer when concluding the Agreement or during its performance.
9.3. The Agreement takes effect 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 conclusion and performance of the Agreement are 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 that may arise 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 on which the Parties fail to reach agreement shall be resolved in accordance with the legislation of the Russian Federation. The 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 submission of demands/notices/clarifications, the provision of documents, etc.).
10.4. All documents to be provided under the terms of this Offer must be drawn up in Russian or have a duly certified Russian translation.
10.5. The failure of either Party to act in the event of a breach of the terms of this Offer does not deprive the affected 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 comparable violations committed by either Party in the future.
10.6. If the Provider's website on the Internet contains links to other websites or third-party materials, such links are posted 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 damage that may arise from the use of such links.