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Contract of services delivery (Offer)
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Contract of services delivery (Offer)

Edition 2, published on December 12, 2018

The Limited Liability Company FACULTET.NET, OGRN 1187746268456, INN 7743247201, registered at the following address: office L, room 4, compartment IV, floor 1, house 6, Angarskaia Street, 125635 Moscow 4, hereinafter referred to as the Contractor, directs the present Offer Contract (hereinafter the Contract) to any person (an indefinite range of people), who expresses a readiness to use the Contractor’s services in a manner stipulated by p. 3.1 of this Contract (hereinafter referred to as the Customer).

According to p. 2 of Article 437 of the Civil Code of the Russian Federation, the Contract is a public offer, and the acceptance of its conditions is a commission of actions established by the Contract.

The acceptance of this Offer (the Agreement) under other conditions, different from those stipulated in the present Offer or the acceptance under a special condition is not allowed.

1. Terms and Definitions

The following terms and definitions are used (but without limitation) in the present Policy:

1.1. Site is a content of internet pages located in the internet at the following URL: https://facultet.net.

1.2. Site Administrator is a person designated by the Owner to maintain a control of the Site and to commit other actions connected with the Site using. The Administration acts upon the authority of the Site Owner.

1.3. Site Owner is the company ООО FACULTET.NET (hereinafter referred to as the Company), an exclusive owner of the Site usage rights including the data bases, informational material, graphic presentations, video files and other objects forming a part of the Site and also the Site Design.

1.4. Offer is the present document (the Contract) located in the internet at the following URL: https://facultet.net/oferta. According to the Contract the words Offer and Contract are equivalents.

1.5. Acceptance is a full and unconditional admission of the Offer by means of commission of actions stated in p. 3.1. of the Contract.

1.6. Customer is a private or legal entity who is a Site visitor registered at the Site for the purpose of obtaining an access to the protected pages of the Site and having entered into the Contract by means of the Acceptance under the conditions contained in the Offer.

1.7. User is a Site visitor registered at the Site for the purpose of obtaining an access to the protected pages of the Site and the information concerning the educational institutions, educational programs offered by them and any other information located at the Site. Also a User is a Site visitor who uses the Site without registration.

1.8. Personal Account is a set of protected pages created as a result of the Customer’s registration at the Site. The access into the personal account is done by means of entering the login information into the Site fields made for this purpose. In order to obtain the access to the protected Site pages the User has to commit the following actions: to fill the registration form located at the following URL: https://facultet.net/#entry

1.9. Login Information is a login and a password for entering the protected pages of the Site (the personal account). An e-mail named during the registration or a telephone number supporting the obtainment of short text messages (SMS) can be used as a login.

1.10. Customer’s Profile is a Site part containing the data about the Customer including the name and surname of the Customer’s representative, e-mail address and other information given by the Customer.

1.11. Promotional Announcement, Advertisement is an advertising banner containing promotional information and a URL link provided by the Customer within the boundaries of a definite promotional campaign for presentation according to the Offer conditions.

1.12. Promotional Campaign is a set of promotional announcements ordered by the Customer in respect of which the services provision is made according to the conditions of location defined by the customer. Each promotional campaign can contain only one or several promotional announcements.

1.13. Data Base сis a set of information about the Site users including the information from the User’s Profile located in the internet at the following URL: https://facultet.net.

2. Subject of the Contract

2.1. According to the present Offer, the Contractor is obliged to provide informational and promotional services ordered by the Customer, and the Customer is obliged to pay for the services provided by the Contractor for him.

3. Procedure for the Contract Conclusion

3.1. An Offer acceptance is a money transfer tendered by the Customer in payment for the Contractor’s services.

3.2. Accepting the Contract in accordance with p. 3.1. of the Offer, the Customer ensures that he is acknowledged, agrees and admits unconditionally all the terms and conditions of the present Contract.

3.3. The Customer understands that the Contract acceptance is equal to the conclusion of the Contract on terms and conditions stated in the Contract.

4. The Customer’s Obligations

3.3. The Customer understands that the Contract acceptance is equal to the conclusion of the Contract on terms and conditions stated in the Contract.

4.1.1. To prepare independently the promotional materials necessary for the services delivery by the Contractor, to meet all the Contractor’s requirements to the promotional materials and conditions of their location during the preparation, creation and change of the Promotional campaign and also to meet all the used standards and specifications of the current legislation including the Federal Law “Concerning Advertising”, the legislation concerning the intellectual property, the Federal Law “On Protection of Competition”, but not limited to it.

4.1.2. To provide the Contractor without any delay with necessary documents and information.

4.1.3. In the case of licensing and/or necessary certification of the promoted services or activity to provide the Contractor with duly certified copies of the corresponding licenses, certificates by the time of the beginning of the corresponding Promotional campaign or during one working day from the date of the Contractor’s / the Site Administrator’s request. In case of non-providing the stated documents the Contractor has a right to deny the service and/or to stop/to cease the location of the corresponding promotional announcements and/or the promotional campaign.

4.1.4. To provide the comprehensive and reliable information concerning the goods and services according to the requirements of the legislation of the Russian Federation.

4.1.5. To be fully liable for the services (goods), information about which is placed at the Contractor’s Site, being at the same time the only person responsible for disadvantages of these goods/services and also for their correspondence to the description, keeping of their delivery time without referring to the third-party entities’ (some providers, producers and others) liability.

4.1.6. To pay for the Contractor’s Services in full and in a timely manner, within the time limit prescribed by the Offer (the Contract).

4.1.7. Not to introduce itself with the wrong name, not to be registered on behalf of a company, whose rights it does not have to represent , or to misinform the Administrator of the site or the Contractor in any other manner about its identification. While registering an educational institution the Customer proves to be an official representative of the educational institution or any other organization and has a right to publish the informational and promotional materials about this educational institution or the organization whose rights it represents.

4.1.8. At the request of the Site Administrator during 5 working days to present the certified copies of licenses, certificates stated in the materials and/or proving the User’s right to locate the information about an educational institution or types of its activity and also the copies of certificates of trademarks and other means of individualization used in the informational and promotional materials.

4.1.9. Not to locate the definitely unreliable information.

4.1.10. To locate and/or to transfer the materials with the use of the Site, if the User has no corresponding rights. It concerns materials protected by authors' rights, trademarks, and patents and also by information nondisclosure agreements, confidentiality letters and so on.

4.1.11. To keep secret information about his password giving an access into the Customer’s personal account and not to disclose it to the third-party entities. In case if such information comes to knowledge of the third-party entities for whatever reasons, the Customer is obliged to change it immediately.

4.1.12. To be responsible on its own account for the loss or the transfer of an individual login and password with an access to the Customer’s personal account on the Site to the third-party entities including the loss after the discharge of an employee of a legal entity.

4.1.13. To comply with confidentiality requirements concerning the personal data of the Site Users, which have become available to it in the process of the Contract Fulfillment. Not to use the information from the Data base of the Users concerning phone numbers, postal addresses, e-mail addresses of the Users for purposes different from the subject of the Site (questions concerning the choice of an educational institution and/or training courses).

4.1.14. To register and to create a Personal Account on the Site using only the e-mail address or the address or the phone number which the Customer has rights to use in such a way.

4.1.15. Not to use any devices, appliances, computer programs for intervention or intervention attempts into the process of normal functioning of the Contractor’s Site.

4.2. The Customer has a right:

4.2.1. To get necessary information from the Contractor concerning questions on organization and providing the proper service delivery.

4.2.2. To change the content of the promotional announcements in accordance with the established procedure.

5. The Contractor’s Obligations

5.1. The Contractor is obliged:

5.1.1. To give the possibility to the Customer to be registered on the Site and to create a Personal Account.

5.1.2. To provide services to the Customer according to the Contract made on conditions of the Offer.

5.1.3. To give the possibility to the Customer to change or to remove the information stated in the Personal Account at any moment at his discretion.

5.1.4. To give acceptance and delivery certificate to the Customer (hereinafter referred to as the Certificate) during fifteen (15) working days from the moment of finishing the services delivery.

5.2. The Contractor has a right:

5.2.1. To suspend the delivery of the Contract services on technical, technological or other grounds that impede providing of these services for the period of the elimination of these grounds.

5.2.2. To suspend the delivery of the Contract services and/or to dissolve the Contract by means of informing the Customer prior to the scheduled date unilaterally and without judicial procedures upon the existence of arrears with payments for the provided services and also in case of breach of obligations and/or warranties accepted by the Customer according to the Contract.

5.2.3. Not to provide services if the terms and conditions of the information placement are not confirmed by the Parties due to the Customer's fault.

5.2.4. To change the informational material according to the inner requirements of the Contractor. All the changes should be focused on improving the information perception and should not tamper the Customer’s information.

5.2.4. To change the informational material according to the inner requirements of the Contractor. All the changes should be focused on improving the information perception and should not tamper the Customer’s information.

6. The Procedures for Rendering Services. Cost and Terms of Payment

6.1. For organization of cooperation between the Customer and the Contractor the Customer itself registers a Personal Account on the Contractor’s Site. The Contractor provides services after the registration of the Personal Account by the Customer. The login and the password for the access into the Personal Account cannot be transferred to other entities, and the Customer is fully responsible for all the damage made to it or the third parties and caused by intentional or unintentional transfer of the password by the Customer to the other entity.

6.2. The description of the services provided by the Customer and their preliminary cost are freely available in the Internet at the following URL: https://facultet.net/to_advertisers. The list of the services provided to the Customer, their final cost and the procedure of their payment are coordinated after the choice/entering by the Customer necessary information in the Cost Calculator freely available in the Internet at the following URL: https://facultet.net/en/managers/paid_service

6.3. Terms of payment:

а) advanced payment. The Customer makes an advanced payment in amount of one hundred percent (100%) of the whole cost of the ordered services against an invoice issued by the Contractor to the Customer (hereinafter referred to as the Invoice) during five (5) working days from the moment of the Invoice issue. The Invoice payment by the Customer means an acceptance of the Offer and leads to the Contract fulfillment on terms of an advanced payment.

b) post-payment. The Customer pays for the services provided by the Contractor in amount of one hundred percent (100%) of the whole cost of the provided services according to an invoice issued by the Contractor to the Customer (hereinafter referred to as the Invoice) during five (5) working days from the moment of the Invoice issue but in any case no later than on the fifteenth (15th) day of a month following the month when the services were provided by the Contractor.

6.4. The Contractor begins to provide services for the Customer in accordance with the Contract:

а) on terms of an advanced payment no later than during three (3) banking days from the moment of receipt of the advanced payment in the Contractor’s settlement account.

а) on terms of an advanced payment no later than during three (3) banking days from the moment of receipt of the advanced payment in the Contractor’s settlement account.

6.5. For the Contract purposes the payment is done by bank transfer.

6.6. The Customer is obliged to inform the Contractor about the transferred payment with presenting a copy of a payment document with a note of a nominated bank.

6.7. The services are considered to be paid by the Customer just after the Contractor receives an acknowledgment from the bank concerning the receipt of the whole payment amount in the Contractor’s settlement account.

6.8. Having finished providing the services according to the Contract (Invoice) the Contractor forms a unilateral Acceptance and Delivery Certificate in accordance with the volume of the actually provided services during the accounting business period.

6.9. The Certificate described in p. 6.8. of the Contract is given to the Customer by means of a soft copy sent to the e-mail address stated by the Customer when registering its Personal Account.

6.10. The Customer has to sign the Certificate presented by the Contractor during five (5) calendar days from the moment of its presenting.

6.11. In case of absence of a motivated refuse to sign the Certificate by the Customer during ten (10) calendar days from the moment of its sending to the Customer the Services are considered to be provided in a proper way and the Certificate itself is considered to be signed by both Parties.

7. The Validity Period and the Change of the Offer Terms. Contract Termination.

7.1. The Offer comes into effect from the moment of its location in the Internet at the following URL: https://facultet.net/oferta and is valid up to the moment of its withdrawal by the Contractor.

7.2. The Contractor reserves the right to change the terms of the Offer and/or to withdraw the Offer at any moment in its sole discretion. In case of changing the Offer by the Contractor, these changes become valid from the moment of the location of the changed text of the Offer in the Internet at the URL stated in p.7.1 unless the other term of validation of the changes is defined additionally on this location.

7.3. The Contract shall come into effect on the date of the Acceptance of the Offer by the Customer and is valid а) until the Parties execute fully their Contract obligations namely a payment by the Customer for the Services and the provision of the Services by the Contractor in a volume corresponding to the cost of the Services or b) up to the moment of the Contract termination.

7.4. The Customer agrees and admits that any changes made in the Offer lead to the changes of the existing Contract between the Customer and the Contractor, and these changes come into effect alongside with the changes of the Offer.

7.5. In case of Offer withdrawal by the Contractor during the period of Contract validation the Contract is considered to be terminated from the date of the withdrawal unless another condition is stated while withdrawing the Offer.

7.6. The Contract may be terminated by agreement of the Parties and also unilaterally in accordance with a written requirement of one of the Parties on the grounds provided by the Contract or the current legislation.

7.7. Each Party at any time has a right to withdraw from the Contract unilaterally and without judicial procedures by giving a notification to the other Party seven (7) working days prior the fact of withdrawal.

8. Dispute Resolution Procedures. Applicable Legislation.

8.1. The present Contract and the relations between the Customers and the Contractor including those, which are not regulated by the present Contract, should be regulated in accordance with the requirements of the current legislation of the Russian Federation.

8.2. All the possible contractual disputes should be settled at court at the Contractor’s location unless it is possible to settle the disputes by means of negotiations.

8.3. If any of the contract provisions is considered to be judicially invalid or not to be forcibly executed, it does not mean that other provisions of the Contract are also invalid.

9. Responsibility of the Parties

9.1. The Parties are responsible for non-fulfillment or improper fulfillment of their contractual obligations and also for the violation of the Contract terms and conditions according to the present Contract and the current legislation of the Russian Federation.

9.2. At any case the Contractor is not contractually liable for: а) any action/inaction directly or indirectly caused by any action/inaction of the Customer of the third-party entities; b) any indirect material losses and/or missed profit of the Customer or the third-party entities regardless of whether the Contractor could or couldn’t foresee the possibility of such losses appearing; c) using of (impossibility to use) and any consequences of the using of (impossibility to use) a way of payment for the contractual Services chosen by the Contractor and also using of/impossibility to use any means and/or ways of transferring/receiving information by the Customer and/or the third-party entities.

9.3. The combined amount of penalty (fine) that is exacted from the Contractor on any claim or demand concerning the Contract and its fulfillment is limited by 10 % of the cost of the contractual Services.

9.4. The Parties will be free from the responsibility for whole or partial impairment of contractual obligations if this impairment is a consequence of a compelling force impact that appeared after establishment of this Contract or if the impairment of contractual obligations by the Parties is a result of extraordinary events which the Parties can neither foresee nor prevent with the help of reasonable measures. Such consequences of compelling forces include the events which cannot be influenced by a Party and which a Party cannot be responsible for, namely a war, a rebellion, a work stoppage, an earthquake, a flood and other natural disasters, a fire, power failures that are not caused by any of the Parties, actions and measures of public authorities taken after the establishment of the Contract and making impossible to fulfill obligations stated by the Contract and other unexpected circumstances and other event being beyond the Parties’ control but not limited by the list above.

9.5. The Customer is fully liable for meeting all the requirements of the legislation, including the legislation concerning advertising, intellectual property, competition but not limited by the above mentioned list, concerning the form and the content of informational and promotional materials, which the Customer sets a link to, the Site usage (usage of the domain name of the Site) which the link is set to, other actions provided by the Customer as an advertiser or an advertising producer.

9.6. The Customer is obliged to solve disputes and to settle claims of the third-party entities concerning advertising announcements by its own efforts and expenses (promotional campaigns, advertising announcements) because of their location according to the Contract or to pay the damages (including court costs) inflicted on the Contractor as a result of claims and lawsuits appeared because of location of an advertisement by the Customer according to the present Contract. If a content, form or location of an advertising announcement according to the Contract causes submission of claim to the Contractor concerning payment of a fine made by a governmental authority, the Customer is obliged immediately on the Contractor’s demand to give it all the necessary information concerning location and content of the advertising announcements, to help the Contractor to settle this claim and to pay all the damages (including fine payment) inflicted on the Contractor as a result of the claim submission basing on the location of the advertising announcements by the Customer.

9.7. In case of violation the terms and conditions of the Contract by the Customer the Contractor has a right to stop the Services delivery up to the moment of removal of these violations by the Customer and paying (as a compensation) all the damages inflicted on the Contractor in a full volume and/or to terminate the Contract addressing a corresponding letter of information to the Customer’s email. While terminating the Contract on the above-mentioned ground the Contractor has a right to order collections of a whole amount of these damages submitted to the Customer in accordance with this Contract.

10. Concluding Provisions.

10.1. Any notifications concerning the Contract can be sent by one Party to the other: 1) via e-mail а) to the Customer’s e-mail address that he has stated while giving information about a Promotional Campaign, from the e-mail address of the Contractor mentioned in p. 11 of the Offer if the notification receiver is the Customer; b) to the Contractor e-mail address from the Customer’s e-mail address; 2) by post or by a courier service with a delivery confirmation.

10.2. Not coming into collisions with the Offer conditions the Customer and the Contractor have rights at any time to make a Service Delivery Contract in a form of a written bilateral document.

11. The Contractor’s Details

Name: ООО FACULTET.NET

Place of registration: office L, room 4, compartment IV, floor 1, house 6, Angarskaia Street, 125635 Moscow

E-mail address: hello@facultet.net

Internet address: https://facultet.net

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