1.1. This document is the official public offer of HRISTAFARIDA LLP (HRISTAFARIDA) (hereinafter referred to as the «Executor») and contains all the essential conditions for the provision of consulting and information services.
1.2. In accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation, if the following conditions are accepted and the services are paid, the legal or individual entity accepted this offer becomes the Customer (in accordance with paragraph 3 of Article 438 of the Civil Code of the Russian Federation, acceptance of the offer is equivalent to concluding an agreement on the conditions set forth in the offer), and the Executor and the Customer together become the Parties to the Offer Agreement.
1.3. In connection with the above, carefully read the text of this offer and if you do not agree with its terms and conditions, or with any other clause of its conditions, than the Executor offers you to stop using Executor’s services and do not conclude this offer agreement.
2.1. For the purposes of this Offer, the following terms are used in the following meaning:
«Offer» — this document a Public Offer to provide consulting and information services.
«Acceptance» — full and irrevocable acceptance of the Offer by performing the actions noted in Part 4 of this Offer. Acceptance of the Offer implies an Offer Agreement.
«Customer» — a person who has accepted the Offer, and thus becomes the Customer of Executor’s services according to this agreement.
«Offer Agreement» — an agreement between the Executor and the Customer for the provision of Services, which is concluded through the Acceptance of the Offer.
«List of services» — a set of services for Customer s, published on the website or placed in print on the information stand in the premises of the Executor.
«Service cost» — is determined individually depending on the availability (absence) of the documentation necessary for the performance of work, the amount of work (number of items) and the complexity of the objects for analysis and urgency.
3. Subject of the Offer Agreement
3.1. The subject of this offer is the providing of consulting services, development and preparation of the program, organizational support to the Customer according to the information published on Executor’s website and at the individual service cost.
3.2. The Executor provides consulting services through in-person meetings with the Customer or via communication services.
3.4. This Agreement shall be deemed to have been concluded from the moment of payment for the Services.
4. Acceptance and Conclusion of the Offer Agreement
4.1. The Customer accepts the Offer by the advance payment for Executor’s services, to relation of which the Offer Agreement is concluded, during the Acceptance Period, subject to the conditions of Section 6 of this Offer.
4.2. The Acceptance period is the time period from the moment the Executor issues an invoice for the Services in accordance with the cost until the Customer pays for the service using payment terminals or a bank transfer to the Executor’s account or in another non-prohibited way agreed with the Executor.
5. Terms and Conditions of Services
5.1. Having reviewed the List of services posted on Executor’s website or in print form at Executor’s premises and having selected the type of service, the Customer makes a service request verbally to the Executor or in electronic form on Executor’s website or by Executor’s email.
5.2. Based on the request, the Executor issues an invoice for the services ordered in accordance with the list of services and their cost to the Customer.
5.3. The Customer pays for the Services to the Executor, thereby accepting the conditions of Executor’s offer.
5.4. The Customer has the right to make payments on his own, on an initiative basis. An application for the provision of services may be sent to the Executor before or after the payment.
5.5. Upon the payment is made by the Customer and the funds are credited to Executor’s account the Offer Agreement shall enter into force.
5.6. If the type of service specified in the application does not match the payment amount, the Executor can issue an extra charge invoice in case the amount is insufficient, or if the amount paid exceeds the cost of this service can offer an additional service to the Customer.
If the payment is consistent with the selected service or after receiving an additional payment or an application for an additional service, the Executor shall act in accordance with clause 5.7 of this Offer.
5.7. In general, the Executor proceeds to fulfill its obligations under this offer within 3 days from the date of receipt of advance payment for the Services.
5.8. The Executor agrees with the Customer on the time period in accordance with the current load.
5.9. In case it is impossible to render the services within the period specified in clause 5.8., the Executor shall notify the Customer no later than 2 days from the receipt of the application. In this situation, the start date for the provision of services is agreed upon additionally.
5.10. If the Customer has not filed a complaint within three days upon Service provision, Services shall be deemed to be rendered properly and to the full content. In the absence of a complaint, the acceptance certificate of the performed works (services) is considered to be signed, and the services rendered properly. Upon the provision of services the Executor unilaterally draws up the Acceptance Certificate for the rendered services.
5.11. Upon the services are rendered the parties under the Agreement do not have any claims to each other.
6.Cost of Services and Payment Procedure
6.1. Payment for services provided to the Customer shall be carried out on the basis of prepayment (100% advance payment).
6.2. The Customer makes the payment by transferring funds to Executor’s bank account according to the invoice (receipt) issued by the Executor or by other ways as agreed with the Executor.
6.3. For the purposes of the Offer Agreement, the payment from the Customer may be accepted:
— non-cash from Customer’s account to Executor’s account;
— by means of Sberbank of the Russian Federation branches or other existing banks of Russia;
— using other types of payments as agreed with the Executor.
6.4. An additional bank commission of 1.8% is charged in case of payment via Executor’s website.
6.5. The Customer shall monitor by himself changes in the details of the Executor specified in this Agreement and is responsible for the correctness of payments made.
7. Executor’s Rights and Obligations
The Executor is obliged to:
7.1. Render purchased services to the Customer within the term of this Agreement.
7.2. Keep Customer’s information confidential, with the exception of cases provided for by the current legislation of the Russian Federation;
7.3. Provide high quality services. To take timely measures to prevent and regulate violations of the quality of services rendered. To promptly inform the Customer on changes in the arrangement of services provided under this agreement and the conditions for their provision.
The Executor has the right to:
7.4. Withhold rendering the services in case of terms violation by the Customer or not providing the necessary documents.
7.5. Unilaterally terminate this agreement if the Customer fails to fulfill the obligations stipulated by clause 6.2. (on timely payment for services).
7.6. Provide services with the involvement of third-party specialists.
8. Customer’s Rights and Obligations
The Customer is obliged to:
8.1. Timely pay for Executor’s services in accordance with the terms of this Offer.
8.2. Fulfill all the requirements set forth in this Offer.
The Customer has the right to:
8.4. Receive services in accordance with the terms of this Offer.
8.5. Receive the necessary and reliable information on Executor’s work and the services provided.
8.6. Send Customer’s opinion, suggestions and recommendations for each type of Services under this Offer to the Executor.
9. Liability of the Parties
9.1. The Executor is not liable for the inability to render services to the Customer for any reasons beyond his control, including disruption of vehicles, illnesses, departures and other reasons. For services that failed due to the fault of the Customer the payment is non-refundable.
9.2. The Executor is not liable for damage caused to Customer’s activity or to the persons he represents, in case of improper performance of obligations under this agreement and violation of the requirements of Executor’s employees.
9.3. When paying for Executor’s services under this Offer Agreement, the Customer agrees to the terms of this agreement and is not entitled to demand any compensation from the Executor for moral, material damage or harm caused both during the term of this Agreement and upon expiration its validity period, except in cases explicitly stated by the present law.
9.4. The Customer shall be liable for damage to Executor’s equipment and property.
9.5. The Executor in no event shall be liable under this Offer Agreement for:
a) any activity and/or inactivity that are directly or indirectly resulted in the activity and/or inactivity of any third parties;
b) any indirect losses and/or lost profits of the Customer and/or of third parties, regardless of whether the Executor could have foreseen the possibility of such losses or not;
c) using (inability to use) and any consequences of using (inability to use) the information received from the Executor by the Customer.
9.6. Executor’s cumulative liability under this Offer Agreement for any claim in respect of this Offer Agreement or its performance, is limited to 10% (ten percent) of the payment amount paid to by the Customer to the Executor under this agreement.
9.7. Without contradicting the above, the Executor is exempted from liability for violation of the terms of the Offer Agreement if such violation is caused by force majeure circumstances (force majeure), including: actions of state authorities, fire, flood, earthquake, other natural acts, electricity absence, strikes, civil disorder, and any other circumstances, not limited to the above, which may affect the fulfillment of the Offer Agreement by the Executor.
9.8. The Offer Agreement, its conclusion and execution is regulated in accordance with the current legislation of the Russian Federation.
9.9. In the event of improper performance of the Agreement by one of the parties, which entailed adverse consequences for the other party, liability arises in accordance with the current legislation of the Russian Federation.
9.10. All disputes and disagreements shall be resolved through negotiations between the Parties. If disputes and disagreements cannot be resolved through negotiations, they are referred to the Arbitration Court.
10. Validity, Extension, Amendment and Termination of the Offer Agreement
10.1. The Agreemnt comes into force from the moment specified in clause 1.2 of this Offer, and is valid until the expiration of the current Agreement.
10.2. In the event of non-timely application and payment for the services for the next month within the deadlines set by the Executor, the Executor has the right to suspend service. The Executor shall resume services only upon receipt of the next payment from the Customer. However, the Customer shall not get a compensation for the period of suspension of services by the Executor.
10.3. The Executor reserves the right to amend the terms of the Offer or withdraw the Offer at any time at his discretion, upon mandatory notification to the Customer not later than two (2) working days before the amendments or withdrawal of the Offer enter into force. In case the Executor amends the Offer, such amendments shall come into force from the moment they are published on Executor’s website or from the date they are posted on the information stand at Executor’s premises.
10.4. The Customer agrees and acknowledges that the amendment of the Offer entails the introduction of these amendments into the Agreement concluded between the Customer and the Executor, and these amendments to the Agreement enter into force simultaneously with the entry into force of such amendments to the Offer.
11.1. The Parties undertake not to transfer organizational, technological, commercial, financial and other information constituting a trade secret for any of the Parties to third parties, or to use in any other way not provided for by the terms of the Agreement, without mutual consent, provided that:
— such information has actual or potential commercial value due to its non-public nature;
— there is no legal access to such information;
— the holder of such information takes appropriate measures to ensure its confidentiality.
11.2. The time of protection of confidential information is set by the Parties for at least one year from the expiration date of the Offer Agreement.
12. Other Conditions
12.1. Any notifications under this Offer Agreement may be sent by one Party to the other Party:
12.1.1. Via the e-mail to Customer’s e-mail address, indicated when ordering the service, from Executor’s e-mail address indicated at the end of this Offer if the recipient is the Customer, to Executor’s e-mail address indicated at the end of this Offer, from Customer’s e-mail address, indicated by him when handling;
12.1.2. By fax;
12.1.3. By post with delivery notification.
12.2. Failure to exercise this or that right within the framework of the Offer Agreement, powers or intentions provided for in the Offer Agreement mean neither Executor’s refusal of the terms and conditions of the Offer agreement in the event of a next violation, nor the renunciation of his rights to demand compliance with the terms of the Offer Agreement at any time subsequently.
12.3. The Offer Agreement constitutes the entire agreement between the Executor and the Customer. The Executor does not accept any conditions and obligations regarding the subject of the Offer, with the exception of those specified in the Offer, which govern the execution of the Offer Agreement, unless such conditions or obligations are fixed in writing and signed by authorized representatives of the Parties. In case any conditions of the Supplements or Additional Agreements to the Offer Agreement contradict the Offer conditions, the provisions of the Offer will prevail.
12.4 The Customer concludes this Offer Agreement voluntarily and thus he is:
a) fully acquainted with the terms of the Offer,
b) fully understands the subject of the Offer and the Offer Agreement,
c) fully understands the significance and consequences of their actions in relation to the conclusion and execution of the Offer Agreement.
12.5. The Customer has all the rights and powers necessary to conclude and execute the Offer Agreement.
12.6. If any of the conditions of the Offer is recognized invalid or illegal, or cannot enter into force in accordance with the current legislation of the Russian Federation, it shall be removed from the Offer and replaced by a new provision that best meets the original intentions contained in the Offer, while the remaining provisions of the Offer (the Offer Agreement) do not change and remain valid.
13. Executor’s Details
HRISTAFARIDA LLP (HRISTAFARIDA)
Legal address: 133 Kozhamkulov St., Almaty, the Republic of Kazakhstan
Contact phone: +7 (495) 133-26-74
Email for communication: Info@hristafarida.com
This Offer is legitimate and regulated by the Civil Code of the Russian Federation, namely the following articles:
Article 435. Offer
Article 437. Invitation to make offers. Public offer