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Offer Agreement
I. General provisions
1.1. This public agreement (hereinafter referred to as the "Offer") constitutes an official proposal by Sole Proprietor Maria Konstantinovna Kopyeva (hereinafter referred to as the "Contractor") and contains all material terms and conditions for the provision of information and consulting services, a list of which is published online at https://mkdigitalad.ru/
1.2. In accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation (hereinafter referred to as the "CC RF"), this document constitutes a public offer. Upon acceptance of the terms and conditions set forth below and payment for the Contractor's services, the person accepting this Offer becomes the Customer in accordance with paragraph 3 of Article 438 of the CC RF. Acceptance of the Offer is equivalent to the conclusion of an agreement on the terms and conditions set forth in the Offer.
1.3. By making payment for services, the Customer guarantees that he/she has already read and accepts all the terms of the Offer as they are set out in the text of this Offer, and is also familiar with the cost of the Service indicated on the Contractor's Website.
2. Terms and definitions
2.1. Offer acceptance – full and unconditional acceptance by the Customer of the offer by making an advance payment for the provision of information and consulting services. Offer acceptance constitutes the Offer Agreement.
2.2. Offer Agreement – ​​the agreement between the Contractor and the Customer for the provision of information and consulting services, concluded by accepting the Offer.
2.3. Customer – the person who has accepted the offer and is therefore the Customer.
2.4. Offer – this document, the Offer Agreement for the provision of information and consulting services by the Contractor, published online at: https://mkdigitalad.ru/ (hereinafter referred to as the "Website").
3. Subject of the agreement
3.1. The subject of this Offer is the provision by the Contractor, on behalf of the Customer, of paid information and consulting services related to integrated social media promotion and advertising for audiences selected by the Contractor, as well as the conduct of thematic webinars, courses, master classes, etc., in person or online (hereinafter referred to as the "Services"), in the manner prescribed by this Offer.
3.2. The Customer confirms that, prior to the conclusion of the Agreement (acceptance of this Offer), it has received from the Contractor all complete information regarding the terms and procedure for the provision of services.
3.3. A list of services, thematic webinars, courses, master classes, etc., provided online is located at https://mkdigitalad.ru/
3.4. The specific list of Services provided to the Customer is determined based on the Customer's application and/or the invoice issued by the Contractor and paid by the Customer. Upon payment of the invoice, it becomes an integral part of the Agreement concluded between the Client and the Contractor, defining the scope and cost of the Services provided under the Agreement.
3.5. The Contractor reserves the right to unilaterally amend the terms of this public offer at any time without prior approval from the Client, while ensuring the publication of the amended terms online on the websites specified in paragraph 2.4 of this Offer.
4. Representations and warranties of the Parties
4.1. The Contractor represents and warrants that it is a sole proprietor registered in accordance with the current legislation of the Russian Federation and operates under state registration certificate No. 323774600058111 dated January 31, 2023, issued by Interdistrict Inspectorate of the Federal Tax Service No. 46 for Moscow.
4.2. The Customer represents and warrants that, by accepting the Offer, it:
4.2.1. For individuals:
4.2.1.1. Is a legally competent and capable person;
4.2.1.2. Is at least 18 years of age;
4.2.1.3. Is entering into this Agreement for purposes not prohibited in the Russian Federation.
4.2.2. For legal entities and sole proprietors:
4.2.2.1. Has the legal capacity established by the current legislation;
4.2.2.2. Registered in the Russian Federation in accordance with the established procedure and is a bona fide payer of mandatory payments, including within the Russian Federation tax system.
4.2.2.3. Carries out activities not prohibited in the Russian Federation.
5. Procedure and conditions for the provision of services
5.1. In accordance with the terms of the Offer, the Contractor undertakes to provide services, and the Client undertakes to pay for them.
5.2. The types and names, terms of provision, cost, and other characteristics of the services provided are published on the Contractor's Website in the relevant sections.
5.3. After the conclusion of the Agreement and the Client's full prepayment for the Services, the Contractor shall provide the Services to the Client in the following forms:
- in person at the Contractor's address; - through online services designed for promotion on social media and advertising; - remotely via the "Website"; - an online platform designed for online broadcasts, screencasts, and video tutorials, the address of which is indicated on the "Website" or a similar service (hereinafter referred to as the "Internet Platform"). Services shall be provided within the period agreed upon with the Client in writing. After payment for the Services, the Client gains access to the "Internet platform" where the online broadcast will be conducted, or screencasts and video lessons will be posted. Access is limited to the right to view the online broadcast or subsequently view a recording of the broadcast, screencasts, and video lessons on the specified Internet resource, and in some cases (such cases are indicated on the "Site"), the right to participate in a conversation or discussion with the organizers and/or other participants of such online broadcast. Any copying, saving, posting, publishing, etc. of the recording or video lesson, including, but not limited to, for personal or other use, on personal computers, electronic devices, servers, websites, video hosting services, or electronic and Internet resources, is prohibited.
5.4. Services shall be provided by the Contractor only upon advance payment made by the Client in accordance with the terms of this Offer.
5.5. If the Service cannot be provided on time, the Contractor is obligated to notify the Client one business day prior to the scheduled date and reschedule the Service. Notification may be made by publishing relevant information on websites/social media, sending SMS messages, orally by phone, as provided by the Client when paying for the Service, or by another method chosen by the Contractor.
5.6. If the Client fails to arrive at the service location/connect to the online broadcast at the scheduled time and fails to notify the Client at least three days prior to the start of the Service, the Service is considered rendered and will not be rescheduled.
6. Payment procedure
6.1. Payment for Services shall be made by 100% prepayment according to the Price List approved by the Contractor, which is in effect during the period of provision of Services and is publicly available online at https://mkdigitalad.ru/.
6.2. The Customer may pay for Services by any of the following methods: online payment on the Contractor's Website or by transferring funds to the Contractor's bank account.
6.3. If the Customer has paid for Services and is unable to accept them, the Customer is obligated to notify the Contractor in writing by sending an email to the address specified in this Offer at least three days prior to the start of Services. Otherwise, funds will not be refunded or transferred to other Services. Transferred funds will be refunded to the Customer's bank account within 5-30 business days (the timeframe depends on the bank that issued your bank card).
7. Obligations of the Parties
7.1. The Client undertakes to:
7.1.1. Pay for the Services in the manner stipulated by the Offer.
7.1.2. Timely transfer all necessary documents and information to the Contractor, and promptly coordinate intermediate stages of service provision under this Agreement in the form of requests sent to the Contractor by fax or email.
7.1.3. Independently ensure the technical capability to use the Contractor's Services, namely:
— adequate internet access;
— availability of software compatible with the transmission of information from the Contractor and other necessary means.
7.1.4. Strictly and unconditionally adhere to the following Rules of Conduct when receiving Services (in person or online):
— not use materials provided by the Contractor for profit-making purposes through their replication and multiple reproduction (publications in the press and other publications, public speeches, etc.) or by other means;
— not to distribute by any means, including to third parties, not to copy, save, post, or publish in publicly accessible, closed, or open sources for any circle of persons (including for personal use) the information, materials, manuals, recordings, videos, etc., provided by the Contractor regarding seminars, courses, master classes, and other services provided by the Contractor;
7.1.5. If the Advertising Objects and/or the Client's type of activity are subject to licensing and/or mandatory certification/other permission from authorized persons (bodies) is required, provide the Contractor with copies of the relevant licenses/certificates/other documents by the time the Advertising Materials are posted or within 2 (two) business days of receiving the corresponding request from the Contractor. In the event of failure to provide the specified documents, the Contractor reserves the right to refuse and/or suspend/terminate the posting of the relevant advertising materials.
7.1.6. All terms and conditions listed in paragraph 7.1 of the Offer are material terms of the Agreement.
7.2. The Contractor undertakes to:
7.2.1. Organize and ensure the proper provision of the Services specified on the Website.
7.2.2. Provide services within the timeframe specified on the Website or agreed upon with the Client.
7.2.3. Inform the Client of circumstances that may result in a delay in service provision by phone call, SMS, or email.
7.2.4. Provide the Client with information necessary to coordinate intermediate stages of service provision under this Agreement through correspondence on social media, instant messengers, email, or verbally.
8. Rights of the Parties
8.1. The Client has the right to:
8.1.1. Demand the proper and timely provision of Services by the Contractor.
8.1.2. Contact the Contractor with all questions related to the provision of Services, as well as ask questions related to the provision of Services.
8.1.3. Unsubscribe from email newsletters by clicking the "Unsubscribe" link located in each email sent to the Client, or, if the Client wishes to unsubscribe from any type of newsletter, they must send a request to the email address specified on the Contractor's Website or in this Offer.
8.2. The Contractor has the right to:
8.2.1. Engage subcontractors or third parties of its own choosing to provide Services.
8.2.2. Independently determine the forms and methods of providing Services, taking into account current Russian Federation legislation and the specific terms of the Offer.
8.2.3. Independently determine the composition of specialists providing Services, if necessary, and engage third parties without the consent of the Client.
8.2.3. Determine and set the price of Services at its own discretion.
8.2.4. Provide Services only after the Client has made an advance payment and accepted this Offer.
8.2.5. Receive from the Client any information necessary to fulfill its obligations under the Offer. In the event of failure to provide, incomplete or incorrect information by the Client, the Contractor reserves the right to suspend fulfillment of its obligations until the necessary information is provided in full.
8.2.6. Suspend, limit, or terminate the provision of Services to the Client at any time, with or without prior notice, as well as in the event of the Client's violation of the payment procedure or other obligations assumed under this agreement.
9. Liability of the Parties and Dispute Resolution
9.1. The Parties shall be liable for failure to perform or improper performance of their obligations under this Offer in accordance with the current legislation of the Russian Federation.
9.2. The Contractor shall not be liable for the inability of the Contractor to provide Services or the acceptance of Services by the Customer if such inability arises as a result of a malfunction of the Internet, software, or equipment of the Customer.
9.3. Any claims by the Customer shall be considered only on the basis of a substantiated written request sent to the Contractor at the addresses specified in this Offer.
9.4. In the event of a breach by the Customer of any of the Customer's obligations stipulated by the Offer, the Contractor shall have the right to refuse to perform the Offer and terminate the agreement.
9.5. No information, materials, and/or consultations provided by the Contractor as part of the provision of services under this agreement may be considered as warranties. Decision-making based on all information provided by the Contractor is within the exclusive competence of the Customer. The Client assumes full responsibility and risks associated with the use of information and materials provided by the Contractor in fulfilling its obligations under this Agreement.
9.6. The Client is obligated to prevent the dissemination, by any means, of inaccurate information about the Contractor's services, as well as information that defames the Contractor's business reputation. For failure to comply with this clause, the Client shall be liable to a fine of 300,000 (three thousand) rubles for each established instance.
9.7. The Contractor shall not be held liable for any discrepancy between the Client's expectations and/or subjective assessment of the content of the informational material and the results of the services rendered.
9.8. The Client shall bear full responsibility, in accordance with the current legislation of the Russian Federation, for the consequences arising from the provision of inaccurate or knowingly false information, and shall be liable for any violation of the rights and interests of others as a result of such actions. The Client agrees that if they provide the Contractor with inaccurate or knowingly false information, the Contractor reserves the right to refuse to provide the Client with Services, even if the Client has paid for the Services according to the selected Tariff.
9.9. The Client is solely responsible for any errors made when paying for Services. The Contractor is not liable for any damages or other adverse consequences that may arise for the Client and/or third parties in the event of an incorrect payment purpose.
9.10. In the event of a dispute, the Parties will use all possible means to resolve it. If the dispute cannot be resolved, the Parties will refer it to court for resolution in accordance with the current legislation of the Russian Federation.
10. Intellectual property
10.1. The Parties acknowledge that the materials accessed by the Client are the result of the Contractor's intellectual activity and contain confidential information that, under existing or potential circumstances, allows the Contractor to increase revenue, avoid unjustified expenses, maintain its position in the market for goods, works, and services, or obtain other commercial benefits.
10.2. Any materials to which the Contractor provides access are subject to trade secrets.
10.3. The Client undertakes to maintain trade secrets and not to commit any actions aimed at disseminating or disclosing information, or that create a threat of its disclosure or dissemination, in particular:
10.4. Not to provide its authentication data for accessing the Platform and/or Telegram chats to third parties. In the event of loss, or in cases of illegal access to such data by third parties, the Client undertakes to immediately notify the Contractor by sending a notification to: selicija@inbox.ru. Until the specified notification is sent, all actions performed using the Customer's access to the Website, thematic webinars, courses, master classes, etc., whether in person or online, are considered to have been performed by the Customer.
10.5. Copying materials by any means, transmitting printed materials on paper, forwarding materials to third parties by email or instant messaging services, or disclosing information contained in the materials verbally or in writing, including via social media;
10.6. Not disclosing in any way information received from the Contractor through group chats in instant messaging services.
10.7. The Website, courses, etc. contain the results of intellectual activity belonging to the Contractor, its affiliates and other related parties, representatives, and all other persons acting on behalf of the Contractor.
11. Term of the Offer. Grounds and procedure for termination of the Offer.
11.1. The Offer shall enter into force upon payment by the Customer for the Contractor's Services using the methods specified in this Offer and on the Contractor's Website and shall remain valid until the Parties have fully fulfilled their obligations.
11.2. The Offer does not require seals and/or signatures by the Customer and the Contractor, while retaining full legal force.
11.3. The Contractor reserves the right to amend the terms of the Offer and/or revoke the Offer at any time at its sole discretion. If changes are made to the Offer, such changes shall enter into force upon publication on the Website, unless a different effective date is established or specified when the changes to the Offer are published.
11.4. The Offer may be terminated early by mutual agreement of the Parties at any time by signing an agreement to terminate the Offer. In this case, the date of termination of the Offer shall be the date of signing of such agreement.
11.5. The Client has the right to unilaterally terminate the Offer no later than 3 calendar days prior to the commencement date of Services. Notice of termination shall be sent in writing to the Contractor's email address specified in this Offer.
11.6. The Client has no right to terminate the Offer and/or demand a refund of the cost of Services for any reason after 8 days from the commencement of Services (regardless of attendance or non-attendance of courses, seminars, master classes, etc.).
11.7. The Contractor has the right to refuse the Offer (performance of the Offer) and terminate the provision of Services if the Client breaches the terms of this Offer, including any of the conditions stipulated in paragraph 7.1 of this Offer.
Failure to comply with the Rules shall be determined by the Client, including through the Contractor's representative directly conducting the seminar, course, or master class.
12. Force majeure
12.1. The Parties shall be released from liability for any partial or total failure to fulfill their obligations under the Offer if such failure resulted from force majeure, namely, fire, flood, earthquake, strike, war, actions of government authorities, or other circumstances beyond the control of the Parties.
12.2. A Party unable to fulfill its obligations under the Offer must promptly, but no later than five calendar days after the occurrence of force majeure, notify the other Party in writing, providing supporting documents issued by competent authorities.
12.3. The Contractor shall not be liable for temporary interruptions or interruptions in the operation of the Contractor's internet resources or any loss of information resulting therefrom.
13. Other conditions
13.1. The Parties acknowledge that if any provision of the Offer becomes invalid during its term due to a change in legislation, the remaining provisions of the Offer shall be binding on the Parties for the duration of the Offer.
13.2. The Contractor shall not be liable for the results of use or the usefulness of the Services provided.
14. Contractor's details and contact information
Sole Proprietor Maria Konstantinovna Kopyeva
TIN 773395908711;
OGRNIP 323774600058111;
Legal Address: 109651, Moscow, Donetskaya St., Building 34, Bldg. 2, Apt. 530
Bank Details:
Bank: JSC "TINKOFF BANK"
BIC: 044525974
Corresponding Account 30101810145250000974
Current Account 40802810100004223634
Phone: 7(999)903-98-30
Website: https://mkdigitalad.ru/
Email: selicija@inbox.ru