Public offer for the provision of services

 

Date October 31, 2023

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This public Offer (hereinafter referred to as the Agreement) is an official proposal of the Individual Entrepreneur Leletko Anastasia Viktorovna INN: 503111489643. (hereinafter referred to as the Contractor) in accordance with Article 435 and Part 2 of Article 437 of the Civil Code of the Russian Federation to any person (individual) possessing legal capacity and the necessary authority to enter into an agreement for the provision of information services on the website https://www.sergeykulkin.com/ru with the Contractor on the terms specified in this offer, and contains all the essential terms of the agreement.

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The text of this Offer Agreement (hereinafter referred to as the Agreement/Offer/Offer Agreement/Service Agreement) is located at https://www.sergeykulkin.com/ru

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I. Terms and definitions

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1.1.For the purposes of this document, the following terms are used in the following meaning:

Offer - this document posted on the Internet;

Acceptance of the Offer - full and unconditional acceptance of the Offer by performing the actions specified in the Offer. Acceptance of the offer concludes an Agreement for the provision of information services;

Agreement for the provision of information services - an agreement between the User and the Contractor for the provision of information Services at https://www.sergeykulkin.com/ru, which is concluded through Acceptance of the Offer;

Contractor - Individual entrepreneur Leletko Anastasia Viktorovna OGRN: 312501215200062, INN: 503111489643.

Customer is any individual, including an individual entrepreneur, and/or a legal entity who has accepted a public offer under the terms of this offer.

Registration - filling out credentials (name, email, phone, password) in the registration form on the Service https://www.sergeykulkin.com/ru. Based on the result of registration, a personal account of the Customer (Personal Account) is automatically created to access and use the services of the Website Service https://www.sergeykulkin.com/ru.

It is also possible to register using the Customer’s account on social networks vk.com, ok.ru, google.ru, yandex.ru and training platforms.

Bank card - a payment or credit card, which is an instrument of non-cash payments, intended for the Customer to carry out transactions with funds in his bank accounts, or with funds provided on credit in accordance with the legislation of the Russian Federation, as well as a bank account agreement, or within the established limit, in accordance with the terms of the credit card, provided that such a payment or credit card can be used by the Customer to pay for the Contractor’s services.

Personal Account – a section of the Contractor’s Website, protected by an access control system, providing the Customer with an interface for interacting with the Contractor under the Agreement.

Service https://www.sergeykulkin.com/ru - a service (set of tools) that provides information services under this Agreement and is located at https://www.sergeykulkin.com/ru.

Client interface - a software interface for the Customer’s interaction with the service https://www.sergeykulkin.com/ru, which contains information about the information services provided under the Agreement, and also provides analytical information.

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1.2. If there is no interpretation of the term in the text of the Offer, you should be guided by the interpretation of the term determined: first of all, by the legislation of the Russian Federation, and secondly, by the established (commonly used) on the Internet.

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II. Subject of the Agreement

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2.1. The Contractor undertakes to provide information service(s), and the Customer undertakes to accept and pay for the services provided in accordance with the terms of this agreement (public offer).
After registering the Customer in the manner specified in this agreement, he is provided with a certain set of tools. If necessary, at the request of the Customer, he can purchase, in the manner specified in this agreement, a wider range of tools by paying their cost. Price of information services (tariffs, subscription
fee) are determined by the Contractor unilaterally and indisputably and are indicated on the pages of the website located at the Internet address https://www.sergeykulkin.com/ru.

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2.2. Only registered Customers can receive the services provided for in this agreement.

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2.3. The Contractor is not responsible for the accuracy and correctness of the information provided by the Customer during registration.

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2.4. A customer who registers on the website https://www.sergeykulkin.com/ru receives individual identification by providing a login and password. Individual identification of the Customer allows you to avoid unauthorized actions by third parties on behalf of the Customer and provides access to additional services. Transfer by the Customer of the login and password to third parties is prohibited. The customer is solely responsible for all possible negative consequences in the event of transferring the login and password to third parties.

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2.5. The Customer acknowledges that for the purposes of the Agreement, in particular, to determine the number of limits used and funds spent, exclusively data from the automated accounting system https://www.sergeykulkin.com/ru is used.

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2.6. The Contractor does not provide any guarantees regarding the use and results (effectiveness) of the Customer’s use of the received analytical information as part of the use of the service.

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2.7. The Contractor is not responsible for technical problems and failures that may occur in the operation of third-party services, including, but not limited to, Yandex.Search, Yandex.XML, Yandex.Direct, Yandex.Metrica, Yandex.Webmaster, Yandex.Wordstat services , Google search, YouTube and others, which may lead to distortion of the analytical information provided by the https://www.sergeykulkin.com/ru service.

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III. Acceptance of the Offer.

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3.1. Acceptance of this Offer represents a series of sequential actions by the Customer aimed at concluding an Agreement for the provision of information service(s), namely, completing Registration in the Service https://www.sergeykulkin.com/ru by specifying an email address, password (and/or use of the Contractor's account on social networks), confirmation of agreement with the contract and subsequent payment of the selected tariff (subscription fee) for the services provided. 3.2. Acceptance of this Offer means acceptance by the Customer of all terms of interaction with the Contractor specified in this agreement. By accepting this offer, the Customer agrees that:
— registration data (including personal data) is provided by him voluntarily
— registration data (including personal data) is transmitted electronically via open communication channels on the Internet
— registration data (including personal data) is transferred to the Contractor for the purposes specified in this offer, and can be transferred to third parties for
implementation of the goals specified in this offer, and can also be posted on the website https://www.sergeykulkin.com/ru
— registration data (including personal data) can be used by the Contractor to promote goods and services by making direct contacts with the Customer using communication channels
— registration data (including personal data) can be used by the Contractor for the purpose of sending advertising and information to the Customer from the Contractor and/or its partners via telecommunication networks, including via the Internet, in accordance with Article 18 F3 “On Advertising” dated 03/13/2006
— for the purpose of additional protection against fraudulent activities, the registration data specified by the Customer (including personal data) can be transferred to the bank that carries out transactions for payment for services issued on the website https://www.sergeykulkin.com/ru
— the consent given by the Customer to the processing of his registration data (including personal data) is unlimited and can be revoked by the Customer or his legal representative by submitting a written application submitted to the Contractor.

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3.3. The person who has completed Registration and gained access to the Personal Account, by performing the specified actions, confirms that he is familiar with the terms of this Offer, fully understands them and accepts it in full. 3.4. Changes to the provisions of this agreement are made by the Contractor unilaterally. Notification of changes is carried out by the Contractor by posting information about this on the website at https://www.sergeykulkin.com/ru.

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3.5. All changes (additions) made by the Contractor to this Agreement come into force and become binding on the Parties immediately after they are posted on the website https://www.sergeykulkin.com/ru.

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3.6. All annexes, amendments and additions to this Agreement are its integral and integral part. Acceptance of the new version of this Agreement is carried out by the Customer’s actions on further use of the Service.

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3.7. By accepting this Agreement, the Customer agrees to receive information about the operation of the Service https://www.sergeykulkin.com/ru through the contact information provided by the Customer during his Registration in the Service https://www.sergeykulkin.com/ru. Such information notices are agreed upon by the Parties as necessary to protect the interests of the Customer in the Service https://www.sergeykulkin.com/ru. The Customer's consent to informing is provided to the Contractor for the entire period of validity of the Offer Agreement.

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IV. Rights and obligations of the parties.

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4.1. The Contractor undertakes:

- From the moment of concluding this Agreement, ensure in full all obligations to the Customer in accordance with the terms of this agreement and current legislation. The Contractor reserves the right to fail to fulfill obligations under the Agreement in the event of force majeure circumstances.
- When providing Services under the Agreement, ensure the Customer’s ability to access statistical data https://www.sergeykulkin.com/ru on the use of the service through the Client interface using the Customer’s login and password.
- Ensure the confidentiality of information provided by the service to the Customer and the confidentiality of data received from the Customer. The parties agreed that the condition of maintaining the confidentiality of registration data (including personal data) specified by the Customer when registering at https://www.sergeykulkin.com/ru and/or when concluding the Agreement does not apply to cases of using https://www.sergeykulkin .com/ru such data for the purpose of generating invoices for the Contractor for the provision of information Services and certificates of acceptance of Services.
- Process the Customer’s personal data in the manner established by current legislation and the Contractor’s policy regarding the organization of processing and ensuring the security of personal data.
- If the purpose of processing personal data is achieved, the Contractor undertakes to stop processing personal data or ensure its termination (if the processing of personal data is carried out by another person acting on behalf of the Contractor) and destroy personal data or ensure its destruction (if the processing of personal data is carried out by another person acting on behalf of the Contractor) within a period not exceeding thirty days from the date of achieving the purpose of processing personal data, unless otherwise provided by the agreement to which the Customer is a party, beneficiary or guarantor, or another agreement between the Contractor and the Customer.
- If the Customer withdraws consent to the processing of his personal data, the Contractor undertakes to stop processing them or ensure the termination of such processing (if the processing of personal data is carried out by another person acting on behalf of the Contractor) and in the event that the preservation of personal data is no longer required for the purposes of processing personal data data, destroy personal data or ensure their destruction (if the processing of personal data is carried out by another person acting on behalf of the Contractor) within a period not exceeding thirty days from the date of receipt of the said review, unless otherwise provided by the agreement to which the party, beneficiary or guarantor is the Customer.

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4.2. The performer has the right:

- Change this Agreement, Tariffs for services provided, methods and terms of payment unilaterally, placing them on the pages of the website https://www.sergeykulkin.com/ru. All changes come into force immediately after publication, and are considered brought to the attention of the Customer from the moment of such publication.
- without agreement with the Customer, transfer your rights and obligations for the execution of the Agreement to third parties.
- send advertising and informational messages to the Customer via e-mail newsletters with information about discounts, promotions, etc. The frequency of mailings is determined by the Contractor independently, unilaterally.
- change the terms of the Promotions posted on the website https://www.sergeykulkin.com/ru, unilaterally without the consent of the Customer, by posting such changes on the website https://www.sergeykulkin.com/ru.
- temporarily suspend the provision of information Services to the Customer under the Agreement for technical, technological or other reasons that impede the provision of Services, until such reasons are eliminated.
- Suspend the Customer’s access to the system and terminate the Agreement unilaterally in the event of damage to the business reputation of the service https://www.sergeykulkin.com/ru and/or the dissemination of knowingly false and/or defamatory information about the service https://www. sergeykulkin.com/ru, including, but not limited to, the use of social networks, mass e-mail messages and other resources on the Internet.
- use anonymized data from customers to improve the quality of online tools and conduct research activities with further presentation of research results in the public domain (in anonymized, aggregated form).
- delete Projects created by the Customer in the service, provided that the Projects are not used for more than 90 (Ninety) calendar days and there is no activity on the Customer’s account for 45 (Forty-five) calendar days, with prior notification to the Customer via email.
- revoke the API key if suspicious activity is detected on the part of the Customer.

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4.3. The customer undertakes:

- Before concluding the Agreement, familiarize yourself with the contents and terms of the Agreement, the cost
services offered by the Contractor on the website https://www.sergeykulkin.com/ru.
- In order for the Contractor to fulfill its obligations to the Customer, the latter must provide all the necessary data that uniquely identifies him as the Customer and is sufficient for the Contractor to provide him with services.
- Pay for the information services provided under the terms of this agreement.
- Independently prepare the data necessary to use the service tools.
- When preparing and entering the data necessary for using the service, comply with all requirements of https://www.sergeykulkin.com/rue for the data provided.
- Do not abuse the opportunities provided to the Customer to use the tools under the Agreement, in particular, do not use the tools to cause damage to third parties or the https://www.sergeykulkin.com/ru service.
- Do not use, independently or with the involvement of third parties, the provision of information Services and/or capabilities of the https://www.sergeykulkin.com/ru service for purposes that may be qualified as a violation of the rights of third parties. Do not carry out actions that affect the normal operation of the service and tools https://www.sergeykulkin.com/ru, and also constitute its unfair use.
- Do not transfer your username and password to third parties. All actions carried out in the Service https://www.sergeykulkin.com/ru using the Customer’s login and password are considered to be carried out by the Customer. The customer is independently responsible to third parties for all actions performed using his login and password. The Contractor is not responsible for the unauthorized use of the Customer’s registration data by third parties.
- Keep the information contained in the Customer’s Personal Account current and true. Within no later than 3 (three) working days from the date of changes in information about the Customer, make the appropriate changes contained in the Personal Account. The details are updated by the Customer independently by making appropriate changes in the Personal Account.

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4.4. The customer has the right:
- refuse to receive e-mail and SMS mailings; to do this, he needs to click the appropriate button in the information letter or send a message in response to the corresponding information letter using e-mail or send a letter to the Contractor’s e-mail address specified in the details of the Offer Agreement, without specifying a reason or additional costs.
- access to statistical data in the prescribed manner.
- use the tools provided by the service in accordance with your needs to obtain the analytical information they provide.
- manage the capabilities of your account according to the capabilities provided by the service.

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V. Cost of services, payment procedure and acceptance of services

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5.1. The Contractor provides the Customer with complete and reliable information about tariffs for using services in the Subscriptions section.

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5.2. The Contractor has the right to unilaterally change the cost of any of the tariffs (subscription), remove the current tariff (subscription), or add a new tariff (subscription). In the event of a change in the cost of the current tariff (subscription), its removal or the introduction of a new tariff (subscription), the Contractor posts information about this on the website https://www.sergeykulkin.com/ru no later than one day before the corresponding change.

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5.3. In case of deletion of the current tariff (subscription), the Contractor provides information on the website about which tariff (subscription) the Customers will be transferred to. Customers who paid the cost of a deleted and/or modified subscription before they were changed or deleted continue to use the service until the end of the paid period without additional charges.

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5.4. Act on the provision of services for legal entities. The paid service is considered to be provided by the Contractor in full, regardless of the Customer’s activity in the https://www.sergeykulkin.com/ru system. The certificate of provision of services is sent to the Customer within 20 (twenty) calendar days from the date of payment of the invoice; act date – date of payment of the invoice.

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5.5. The Customer's obligations to pay for the subscription are considered fulfilled from the moment funds are received into the Contractor's account.

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5.6. Services are provided to the Customer on the basis of advance payment. The Customer makes an advance payment in the amount of 100% (One hundred percent) of the total cost of the ordered Services using the payment methods indicated on the website https://www.sergeykulkin.com/ru. The cost of providing information Services provided by the service is not subject to VAT in accordance with paragraph 2 of Art. 346.11 Tax Code of the Russian Federation

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5.7. The Customer has the right to pay for the Contractor’s services using the Robokassa service (Robocheki), which provides various payment methods. In this case, the Customer’s payment is made by non-cash funds (EDS), information about the payment through the OFD is transmitted to the Contractor’s tax authority, a fiscal check is sent to the Customer at the email address specified by him, and a link to the check will be posted in the Customer’s Personal Account for the transaction (with the approval of the Federal Tax Service on the basis of letter NoED-4-20/2633 dated 02.12.2018 and in accordance with Federal Law No. 54).

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5.8. The Contractor does not guarantee the possibility of carrying out transactions using a Bank Card.

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5.9. The Customer guarantees that he is the holder of a bank card and consciously, correctly and completely enters all the required Bank card details when making payment for the Contractor’s services.

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5.10. The cost of the Services is debited from the Customer’s balance in the system when changing the tariff plan or purchasing additional limits and is displayed in the personal account in accordance with the cost of providing the Services until the end of the selected period.

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5.11. In order to account for the cost of information Services provided, including in service statistics, limits may be used at https://www.sergeykulkin.com/ru.

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5.12. The Contractor is not responsible for the inoperability and/or temporary inoperability of payment services. The Customer independently controls the fulfillment of his obligation to pay under the Agreement. In case of inoperability and/or temporary inoperability of the payment system, the Customer is obliged to use other methods of fulfilling obligations under the Agreement.

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5.13. The Contractor provides the Customer with access to the subscription in accordance with the paid tariff no later than one business day from the moment of receipt of funds from the Customer. In case of delay in providing access to the Customer, the Contractor is obliged to increase the period for providing access by the number of days of delay.

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5.14. The parties have established that the Services are considered to be provided by the Contractor properly and accepted by the Customer to the specified extent, if within 5 (five) calendar days from the end of the subscription period the Contractor has not received motivated written objections from the Customer. After the expiration of the period specified above, claims regarding defects in the Services, including quantity (volume), cost and quality, will not be accepted.

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VI. Withdrawal of the Offer

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6.1. Revocation of the offer (Agreement) can be carried out by the Contractor at any time, but this is not a basis for waiver of the Contractor’s obligations under already concluded contracts. The Contractor undertakes to post a notice of revocation of the offer on the website https://www.sergeykulkin.com/ru, indicating the exact time of revocation of the offer, no less than 12 hours before the event of revocation (suspension) of the Offer.

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VII. Responsibility of the parties

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7.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and the current legislation of the Russian Federation.

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7.2. The parties are released from liability for complete or partial failure to fulfill obligations under this Agreement if such failure is a consequence of force majeure circumstances (“force majeure circumstances”), that is, extraordinary and unpreventable circumstances under the given conditions, including mass riots, prohibitory actions authorities, fires, natural disasters, catastrophes and other circumstances recognized as such by the Chamber of Commerce and Industry of the region of the relevant Party.

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7.3. The parties are obliged to notify each other in writing by sending an email of the existence of force majeure circumstances within 7 (seven) calendar days from the date of their occurrence.

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7.4. If the occurrence of force majeure circumstances directly affected the fulfillment by the parties of their obligations within the period established in the Service Agreement, then such period is proportionately extended for the duration of such circumstances.

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7.5. No provisions of this Offer exclude or limit the liability of the Parties for intentional violations of its terms; for fraudulent activities and knowingly false representations and/or warranties; for unlawful use of Confidential Information.

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7.6. The Contractor is not responsible to the Customer for the completeness and accuracy of the data provided. The data provided is not the basis for decision-making, but is for informational purposes only. The Customer assumes responsibility, and the Contractor is released from liability, for any decisions of the Customer based on the data received on the Contractor’s website, as well as for all consequences of decisions made by the Customer.

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7.7. The Customer accepts responsibility for any claims of third parties related to the receipt, processing and use of information obtained during data processing on the Contractor's website.

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7.8. Under no circumstances shall the Contractor bear any liability under the Agreement for: a) any actions/inactions that are a direct or indirect result of the actions/inactions of the Customer and/or third parties; b) any indirect losses and/or lost profits of the Customer and/or third parties, regardless of whether the Contractor could have foreseen the possibility of such losses or not; c) use (impossibility of use) and any consequences of the use (impossibility of use) by the Customer of the chosen form of payment for Services under the Agreement, as well as the use/impossibility of use by the Customer and/or third parties of any means and/or methods of transmitting/receiving information .

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7.9. The total amount of liability of the Contractor, including the amount of penalties (fines, penalties) and/or indemnified damages, for any claim or claim in relation to the Agreement or its execution, is limited to 10% (Ten percent) of the cost of information Services according to the tariffs.

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7.10. The customer is fully responsible for a) compliance with all legal requirements regarding the content and completion of forms of service tools that are provided access in the system https://www.sergeykulkin.com/ru; b) the reliability of the information specified by him when registering as a Customer, and the reliability of the Customer’s guarantees and assurances contained in this offer.

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VIII. Representations about the circumstances

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8.1. The Customer's assurances set out in this section of the Agreement are assurances about circumstances that are significant for the Contractor. The Customer agrees that the Contractor relies on such representations when concluding and executing the Agreement.

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8.2. By accepting the Offer, the Customer confirms and guarantees to the Contractor that he has provided accurate data, including personal data during registration.

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8.3. The Customer consents to the Contractor’s processing of the personal data specified at the conclusion of the Agreement, including the performance by the Contractor of the actions provided for in clause 3 of Art. 3 of the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data”, by any means, for the purposes of concluding and executing the Agreement.

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8.4. The Customer enters into an agreement voluntarily and at the same time: a) has fully read the terms of the Offer, b) fully understands the subject of the Offer and the Agreement, c) fully understands the meaning and consequences of his actions in relation to the conclusion and execution of the Agreement, d) has all the rights and powers necessary for the conclusion and execution of the Agreement.

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8.5. During the term of the Agreement, the Contractor will make every effort to eliminate any failures and errors, if they occur, as soon as possible. At the same time, the Contractor does not guarantee the absence of errors and failures when working in the system and in the operation of third-party services, including in relation to the operation of the software.

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8.6. With the exception of the guarantees expressly specified in the text of the Offer, the Contractor does not provide any other guarantees under the Agreement and expressly disclaims any guarantees or conditions regarding non-infringement of rights, compliance of the information Services with the specific goals of the Customer.

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IX. Confidentiality

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9.1. The Parties agree to keep secret and consider confidential the Service Agreement, as well as all information received by one Party from the other Party and designated by the transferring Party as confidential information of such transferring Party (hereinafter referred to as “Confidential Information”), not to disclose, disclose, or make public or otherwise provide such information to any third party without the prior written permission of the Party transmitting this information, except as provided for by the legislation of the Russian Federation.

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9.2. Each Party will take all necessary measures to protect Confidential Information with the same degree of care that a reasonable, good-faith person would take. Access to Confidential Information will be provided only to those employees of each Party who reasonably need it to perform their labor (official) duties aimed at fulfilling this Agreement. Each of the Parties will oblige such employees to accept the same obligations in relation to Confidential Information that are imposed by this Agreement on the corresponding Party.

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9.3. Confidential Information remains the property of the transmitting Party at all times and shall not be copied or otherwise reproduced without the prior written consent of such transmitting Party.

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9.4. In order to prevent possible abuses in determining the scope and content of Confidential Information, the obligation to protect and keep secret the Confidential Information of the Party that disclosed this information also applies to information that: - at the time of disclosure was or became public domain;
- becomes known to the receiving Party from a source other than the disclosing Party, without violation by the receiving Party of the terms of this Agreement;
- was known to the receiving Party before its disclosure under the Agreement.

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9.5. The obligation to keep confidential Confidential Information in accordance with the terms of this section comes into force from the moment of acceptance of this Offer by the Customer and remains in force for 3 (three) years after termination of this Offer Agreement for any reason.

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X. Other conditions

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10.1. The agreement, its conclusion and execution are governed by the legislation of the Russian Federation.

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10.2. The Parties will try to resolve all disputes and disagreements through negotiations. The period for consideration of a claim is 30 working days from the date of its receipt by the party. The claim is sent in the form of a written document to the location of the party. If the parties are unable to resolve the contradictions that have arisen peacefully, the dispute is subject to consideration by the court at the place where the Contractor actually carries out its activities (Moscow).

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10.3. Any notifications under the Agreement may be sent by one Party to the other Party: by email; by mail with acknowledgment of delivery or by courier with confirmation of delivery.

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10.4. Without conflicting with the terms of the Offer, the Customer and the Contractor have the right at any time to draw up the Agreement in the form of a written bilateral document.

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XI. Details of the Contractor:

Executor:

IP LELETKO ANASTASIA VIKTOROVNA,

Legal address of the organization: 123376, RUSSIA, MOSCOW, MOSCOW, BOLSHOY TROHGORNY PER, D 1/26, STR 1, KV 52,
TIN 503111489643,
OGRN 312501215200062,
Account number 40802810500001644159,
Bank JSC "TINKOFF BANK",
Bank INN 7710140679,
Bank BIC 044525974,
Corr/s 30101810145250000974,
Legal address of the bank: Moscow, 127287, st. Khutorskaya 2-ya, 38A, building 26
e-mail: aleletko@gmail.com

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