PUBLIC CONTRACT – OFFER FOR THE PROVISION OF PAID SERVICES
1. General Provisions
1.1. This document is an official proposal for the conclusion of a contract for the provision of paid services (public offer, hereinafter referred to as the Offer) Individual Entrepreneur Leonova-Garyaeva Ekaterina Alexandrovna, TIN 771001327205, OGRNIP 321774600542125, hereinafter referred to as the "Contractor", and contains all the essential terms and conditions for the provision of the Services to any legal entity or individual, hereinafter referred to as the "Customer".
1.2. The offer is an official document and is published on the Contractor's websites (hereinafter referred to as the Websites) on the Internet at the addresses: https://wavegenetics.org/.
1.3. In accordance with para. 3 st. 438 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) if a person commits a, who have received an offer of actions to fulfill the terms of the contract specified in it (in particular, Payment for services), actions are considered to be the acceptance of the offer. In this case, the contract is considered to be concluded without signing in each specific case, Since the acceptance of the offer is equivalent to the conclusion of a contract on the following conditions.
1.4. In case of payment for the Services, a legal entity or an individual thereby confirms the acceptance of the terms and conditions of the Offer set forth below and becomes the Customer, and the Contractor and the Customer jointly – by the Parties to the Offer Agreement.
1.5. The Offer Agreement does not require sealing and signing by the Customer, while remaining in full force and effect.
1.6. By taking actions to accept this Offer Agreement, The customer confirms his legitimacy, authority, capacity, Reaching the age of 18, as well as the legal right, not mentioned above, enter into contractual relations with the Contractor.
1.7. In connection with the above,, The Customer is obliged to carefully read the text of the Offer Agreement and, in case of disagreement with the terms and conditions, refuse to conclude the Offer Agreement and use the Contractor's Services.
1.8. The Contractor has the right to change the terms of the Offer Agreement an unlimited number of times at any time at its discretion, including, supplementing it, Reducing, establishing additional obligations and/or rights for both the Client, and for the Contractor, or by terminating such obligations and/or rights, as well as by modifying this document in any other way. Continuing to use materials/goods/products (hereinafter referred to as Products) and the services of the Contractor in case of changes in the terms of the Offer, The customer thereby accepts it on new terms and conditions and has no right to raise objections to a unilateral change in the terms.
1.9. In the event of a dispute, in terms of the unsettled Offer, the Offer is recognized as the only correct one, posted on the Contractor's Websites on the date of receipt of a claim from the Customer or another person.
1.10. Under the terms of the Offer, an order for Services is an application for the provision of Services made on the Contractor's Websites or by phone.
1.11. The Contractor provides Services, producing and selling Products, including digital, which is the object of the exclusive rights of the Contractor and is protected by the intellectual property legislation of the Russian Federation, as well as international conventions, Agreements, the list and positions of which are indicated on the Contractor's Websites at the following addresses:: https://wavegenetics.org/ .
2. Subject of the offer
2.1. In accordance with the terms of the Offer, the Contractor undertakes to provide the Services, specified in the invoice, and the Customer undertakes to pay for these Services in accordance with the invoice issued.
2.2. List, terms and cost of the Services, provided by the Contractor under the Offer Agreement, as well as requirements for the Services provided, are installed on the Contractor's websites: https:wavegenetics.org/ depending on the selected type of Services (Products). When providing the Service for the delivery of the Contractor's Digital Products, a delay of up to 72 (Seventy-two) hours from the date of payment. In the case of an individual order for the creation of digital Products, the production time is up to 50 (Fifty) working days from the date of payment for the order.
2.3. The Customer undertakes to pay for the Contractor's Services in the amount of, procedure and terms, provided for by the Offer.
2.4. Services are provided by the Contractor, including, using remote communication methods.
2.5. By providing data on the Contractor's Websites, as well as agreeing to the terms of the Offer, The Customer grants the right to process any information and personal data provided, if such information relates to personal data in accordance with the legislation of the Russian Federation.
Including the Customer, agreeing to these rules, agrees to the collection, systematization, the accumulation of, storage, clarification (Update, change), use, blocking, destruction of personal data, if it is necessary to protect the rights and legitimate interests of third parties in accordance with the legislation of the Russian Federation. As well as in any other cases, when it is necessary for the Contractor for the purpose of fulfilling obligations to the Customer, including through the provision of services and features of the Sites, for the purpose of sending advertising information to the Customer.
2.6. In connection with the above circumstances, the Customer warrants and confirms, that all information provided by him is reliable, Relevant, complete and in accordance with the legislation of the Russian Federation.
2.7. Terms of this Offer, implicative actions taken by the Customer (payment for the Services), are a concluded contract for the Contractor and the Customer, as well as written consent to the processing of the Customer's personal data. This Offer, accepted by the Customer, is equivalent to a paper contract, signed by the parties.
2.8. All text information and graphic images on the Contractor's Sites: https://wavegenetics.org/, as well as in the content of the Products, are the property of the Contractor on the basis of the norms of the legislation on intellectual property of the Russian Federation. Logos, Product Names, Company Names, mentioned on the above-mentioned sites, may be trademarks of their respective owners.
3. Cost of services
3.1. The cost of the Services under the Offer Agreement is determined by the Contractor's tariffs, specified on the Contractor's websites: https://wavegenetics.org/.
3.2. The Contractor has the right, at its discretion, to make changes to the current tariffs.
3.3. The Customer pays 100% of the cost of the Service. Payment for the Service is made by bank transfer to the Contractor's current account or in cash through the Contractor's cash desk. The date of payment is the day of receipt of funds to the Contractor's current account or to the Contractor's cash desk.
4. Rights and obligations of the parties
4.1. The Contractor undertakes:
4.1.1. Organize and ensure the proper provision of the Services.
4.1.2. Use all personal data and other confidential information about the Customer only for the provision of the Services, Do not transfer or show to third parties, the documentation and information about the Customer in his possession.
4.1.3. Give oral and written advice on additional issues of the Customer.
4.2. The Contractor has the right to:
4.2.1. Unilaterally determine the cost of all Services provided and change the terms of this Offer Agreement, except for already concluded Offer Agreements.
4.2.2. Independently determine the forms and methods of providing the Services, based on the requirements of the law, technical capabilities, as well as specific terms of the Offer, taking into account the wishes of the Customer.
4.2.3. Use the services of any individuals and legal entities in order to fulfill obligations under the Offer in a timely and high-quality manner.
4.2.4. Demand payment for Services rendered or being rendered.
4.2.5. Refuse to provide the Service to the Customer in case of non-payment (incomplete payment) for the Services within the established time limits.
4.2.6. Receive any information from the Customer, necessary to fulfill its obligations under the Offer. In case of non-provision or incomplete or incorrect provision of information by the Customer, the Contractor has the right to suspend the performance of its obligations under the Offer until the necessary information is provided.
4.3. The customer undertakes:
4.3.1. Timely and fully pay the Contractor for the cost of the Services provided in accordance with the procedure, Terms and amount, established by the Offer.
4.3.2. Provide the Contractor with all information and data, necessary to fulfill its obligations under the Offer.
4.3.3. Not to disclose confidential information and other data, provided by the Contractor in connection with the execution of the Offer.
4.3.4. Not to compete with the Contractor in any areas, to be respectable, not to interfere in the internal affairs of the Contractor; do not reproduce, do not repeat, do not copy, do not sell, and not to use the information and materials for any purpose, made available to him in connection with the provision of Services under the Offer Agreement, except for personal use by the Customer himself without providing access in any form to any third parties.
4.3.5. Apply for the Contractor's Services, including additional, directly by contacts, specified on the Contractor's Websites: https:wavegenetics.org/ and Not to create conflicts and not to mislead the Contractor.
4.3.6. Do not use agents, Suppliers, Assistants, Staff, authorized representatives of the Contractor for their own purposes.
4.4. The customer has the right to:
4.4.1. Require the Contractor to provide information on the organization and provision of the proper provision of the Services.
4.4.2. To demand the proper and timely provision of the Services by the Contractor.
5. Liability of the parties
5.1. The Parties are responsible for non-fulfillment or improper fulfillment of their obligations under the Offer Agreement in accordance with the current legislation of the Russian Federation.
5.2. The Contractor is responsible for the timeliness of the Services provided under the Offer Agreement. In case of non-performance of the Service by the Contractor, through the fault of the Contractor, for 21 (Twenty-one) of a working day from the date of commencement of the Service, The Contractor returns the funds received in full.
5.3. The Contractor is not responsible for the Customer's failure to receive the Services, and the payment made in this case is not refundable and is not transferred to other Services, In the following cases:
5.3.1. The Customer cannot receive the paid Services due to technical and other problems.
5.4. The Contractor provides the Customer with independent advice and is in no way responsible for the actions and/or inaction of the Customer, carried out by him before or after the provision of the Services.
6. Special Conditions and Procedure for Dispute Resolution
6.1. This Offer has the force of an act on the provision of Services. Acceptance is carried out without signing the appropriate act. Services are considered to be provided properly and in full, if within two days from the date of their provision the Customer has not submitted a claim.
6.2. After paying the invoice and receiving the Service, the Customer, in case of disagreement with the volume and quality of the Service received, sends a claim to the Contractor with a specific description of the poor quality of the Service provided.
6.3. The Customer's claims for the Services provided are accepted by the Contractor for consideration by e-mail within 2 (Two) working days from the date of the dispute.
6.4. Contractor and Customer, taking into account the nature of the Service provided, undertake in case of disputes and disagreements, related to the provision of the Services, apply the pre-trial dispute settlement procedure.
6.5. If it is impossible to resolve the dispute through negotiations, the Parties have the right to refer the dispute to the court at the location of the Contractor.
7. Force majeure
7.1. The Parties are exempt from liability for partial or complete non-fulfillment of their obligations under the Offer Agreement, if this failure was the result of force majeure circumstances, that arose after its conclusion, as a result of extraordinary events (Force majeure), the occurrence of which is a party, Defaulting, could not have foreseen, nor prevent by reasonable measures.
7.2. In the event of the occurrence of the. 7.1. Offers of circumstances (Force majeure), side, for which it is impossible to fulfill its obligations under the Offer, must immediately notify the other party in writing with the relevant supporting documents attached.
7.3. Force majeure circumstances (Force majeure), in particular, include: war, Military operations, Blockade, Strike, Riots, Terrorist acts, normative acts of legislative and executive power, natural and man-made disasters.
7.4. The deadline for the fulfillment of obligations under the Offer is proportionately postponed for the duration of such circumstances and their consequences.
8. Confidentiality
8.1. Any information or data, received by the Parties from this Offer or in the process of its execution, are considered confidential and the Parties undertake to maintain strict confidentiality of information about the content of the Offer and any data, provided by each of the Parties to each other in connection with the execution of the Offer.
8.2. The Parties undertake not to use the information received within the framework of the Offer, for purposes that directly or indirectly cause damage to the other Party and/or to obtain any advantages and benefits during the term of the Offer and after the expiration of 3 (Three) years after its termination. The Parties undertake not to disclose in whole or in particular the specified information to third parties without the prior written consent of the other Party to the Offer.
9. Conclusion, change, Termination of the Offer
9.1. The moment of conclusion of the Offer is the moment when the payment is credited to the Contractor's current account or cash is credited to the Contractor's cash desk.
9.2. The Customer enters into the Offer Agreement voluntarily, At the same time, the Customer:
- fully read the terms of the Offer;
- fully understands the subject of the Offer and the terms of the Offer Agreement;
- fully understands the meaning and consequences of his/her actions in relation to the conclusion and execution of the Offer.
9.3. The customer has all the rights and powers, necessary for the conclusion and execution of the Offer.
9.4. The Customer has the right to unilaterally refuse the Contractor's Services at any time. In case of unilateral refusal of the Customer from the Contractor's Services, the payment made is not refundable.
9.5. The Contractor has the right to terminate the Offer Agreement with the Customer in the event of, if the Customer's actions can potentially or have caused direct or indirect damage to the Contractor, its partners and/or other companies and persons, related to the Contractor.
9.6. In case of damage to the Contractor by his actions, its partners and/or other companies and persons, related to the Contractor, The Customer undertakes to pay compensation in monetary terms commensurate with the damage caused.
9.7. The parties agreed, that the information provided on the Contractor's Websites is sufficient to provide the Customer with the right choice of the Service/Products.
9.8. As the language of the Offer Agreement, as well as the language, used in any interaction between the Parties (including correspondence, Provision of requirements/notifications/clarifications, provision of documents, etc.), The parties defined the Russian language.
9.9. All documents, to be provided in accordance with the terms of this Offer, must be drawn up in Russian or have a translation into Russian, certified in accordance with the established procedure.
9.10. Inaction of one of the Parties in case of violation of the terms of this Offer does not deprive the interested Party of the right to protect its interests later, nor shall it constitute a waiver of its rights in the event that one of the Parties commits similar or similar violations in the future.
9.11. If the Contractor's Websites on the Internet contain links to other websites and materials of third parties, Such links are provided for information purposes only, and the Contractor has no control over the content of such sites or materials. The Contractor is not responsible for any loss or damage, that may arise from the use of such links.
9.12. The Offer is valid from the moment it is published on the Internet at the Websites at the following addresses:: https:wavegenetics.org/ until it is withdrawn by the Contractor.
9.13. On all matters, not regulated by this Offer Agreement, The parties are guided by the current legislation of the Russian Federation.
10. Contractor's details
Individual entrepreneur Leonova-Garyaeva Ekaterina Alexandrovna
TIN 771001327205
OGRNIP 321774600542125
Beneficiary's bank name: Банк Точка, LLC
TIN of the beneficiary's bank: 9721194461
КПП банка: 997950001
Beneficiary's current/personal account: 40802810601500213132
Correspondent account of the beneficiary's bank: 30101810745374525104
ИНН банка: 97950001
