Public Offer
PUBLIC OFFER
for the provision of information, consulting and/or legal services
in Moscow
1. GENERAL PROVISIONS
1.1. This Contract is a public Agreement (a public offer based on Clause 2 of Article 437 of the Civil Code of the Russian Federation) and may be concluded between Stanislav Aleksandrovich Kshevitsky, an Individual Entrepreneur, hereinafter referred to as the Contractor, and any legal entity or individual who has expressed willingness to use the Contractor’s services and has accepted the terms of this Agreement (offer), hereinafter referred to as the Customer. The Customer and the Contractor are hereinafter collectively and separately referred to as “the Parties” or “the Party”, respectively.
1.2. The additional information provided in this document comes into force from the moment of its publication on the Internet: https://www.kaskad.org/offer.
1.3. Acceptance (full and unconditional acceptance) of the terms of this public offer (the moment of conclusion of the Contract) in accordance with art. 438 of the Civil Code of the Russian Federation is considered any actions of the Customer to fulfill the conditions specified in this offer, including payment for the Contractor’s services, confirming the Customer’s intentions to use these Services, in the absence of an explicit written agreement between the Parties about something else.
The concluded Agreement is valid until the fulfillment of obligations to provide Services provided by the Contractor in accordance with the terms of this Agreement.
1.4. By accepting this public offer in accordance with the procedure specified in clause 1.3. of this Agreement, the Customer agrees to all the terms of the Agreement as set out in the text of this Agreement, as well as to all the terms specified in the Invoice issued by the Contractor.
1.5. In accordance with the Civil Code of the Russian Federation, the Customer is considered as a person who has entered into contractual relations with the Contractor on the basis of this Public Offer Agreement. At the same time, in accordance with paragraph 3 of art.434 and paragraph 3 of art.438 of the Civil Code of the Russian Federation, this Agreement is equivalent to an agreement concluded by the Parties in writing.
1.6. By concluding this Agreement, the Customer understands the significance of his actions and is able to direct them, is not under the influence of delusion, deception, violence, threat. The Contract was concluded by the Customer voluntarily, with a preliminary full review of the terms of this Public Offer Agreement, the contents of which are clear to the Customer. If the Customer did not have the appropriate authority at the time of accepting the public offer on behalf of a legal entity, then he, as an individual, assumes full responsibility for the execution of this public offer.
1.7. The Contractor has the right at any time, at its discretion, to change the terms of the public offer (this Agreement) or to withdraw it. The change in the provision of this document will take effect from the moment it is mentioned and changed on the Internet in relation to the Address https://www.kaskad.org/offer.
2. TERMS AND DEFINITIONS
In this Agreement, the following words and expressions will have the meanings defined below:
Information and Consulting and legal services (hereinafter referred to as Consultations/Services) – advising the Customer on legal and other issues, representing and defending the interests of the Customer in courts, various organizations and institutions, as well as preparing legally relevant documents.
3. SUBJECT OF THE AGREEMENT
3.1. The Customer assigns and pays, and the Contractor assumes the responsibility to organize the provision of legal and/or information and consulting services in the interests of the Customer.
3.2. The time and place of the provision of services, the cost and terms of payment for services are agreed upon by the Parties in correspondence, including e-mail, by phone or in an Invoice issued by the Contractor based on the Customer’s request (terms of reference). The application must contain the list of Contractor’s services required by the Customer and can be submitted in free form by sending it by e-mail, mail, and by telephone using the details specified in section 11 of this Agreement.
The Invoice is issued by sending it to the e-mail address specified in the Customer’s application, or by the Customer’s phone number.
4. GENERAL CONDITIONS
4.1. Information and consulting and legal services are not educational activities, are not subject to licensing, are not accompanied by final certification, assignment of any qualifications and issuance of a document.
4.2. Consultations and legal services are considered to have been provided properly and in full if the Customer has not submitted a claim within five working days from the date of the end of the provision of Services. In the absence of claims, the act of acceptance and transfer of the rendered services is considered signed, and the services are properly rendered.
4.3. For the provision of services, the Contractor may involve third parties with the necessary qualifications. In this case, Consultations and services can be provided either by the Contractor personally or through the persons involved.
5. OBLIGATIONS OF THE PARTIES
5.1. In accordance with the terms of the Agreement, the Contractor undertakes:
5.1.1. To provide the Customer with the Services provided for in clause 3. of the Agreement, of proper quality and within the time period determined by the Parties.
5.1.2. Notify the Customer of the inexpediency or impossibility of providing Services to the Contractor in the amount of the Invoice due to circumstances that make it impossible or impractical to provide these Services.
5.2. In accordance with the terms of the Agreement, the Customer undertakes:
5.2.1. Timely pay for the Services provided, in accordance with the terms of the Agreement. In case of non-payment of the Invoice within the time period specified therein, the Customer’s request and the Invoice are considered cancelled, unless the Parties agree otherwise.
5.2.2. Timely submit the documents requested by the Contractor. Immediately inform the Contractor about the change of the contact phone number and contact information.
6. COST AND PAYMENT PROCEDURE FOR SERVICES
6.1. The cost of services, the amount of the advance payment and the settlement procedure under this agreement are agreed upon by the Parties in the Invoice issued by the Contractor or in any other way, including correspondence by e-mail, etc.
6.2. Postponement of the date of provision of services or refund of the advance payment is made subject to notification of the Contractor at least 30 days before the start of the provision of services, unless otherwise specified in the Invoice. If the date is postponed less than 30 days in advance, the advance payment cannot be refunded.
7. GROUNDS FOR AMENDMENT AND TERMINATION OF THE AGREEMENT, TERM OF VALIDITY
7.1. The Agreement comes into force from the date of its conclusion by the parties and is valid until the fulfillment of obligations to provide Services provided by the Contractor in accordance with the terms of this Agreement.
7.2. The terms of the Agreement may be changed either by agreement of the parties or in accordance with the current legislation of the Russian Federation.
7.3. The Contractor has the right to cancel the Contract if the Customer has violated the terms of payment for services under the Contract for more than 5 (five) calendar days.
7.4. On the grounds provided for in clause 7.3. of the Agreement, the Agreement is considered terminated from the date the Contractor notifies the Customer of the refusal to perform the Agreement.
7.6. In case of termination of the agreement on the grounds provided for in clause 7.3. of the Agreement, as well as in connection with violation of other obligations by the Customer, no refund will be made.
8. LIABILITY FOR NON-FULFILLMENT OR IMPROPER FULFILLMENT OF OBLIGATIONS UNDER THE AGREEMENT
8.1. In case of non-fulfillment or improper fulfillment by the Parties of their obligations under the Agreement, the Parties shall be liable in accordance with the legislation of the Russian Federation.
8.2. The total liability of the Contractor under the Agreement, for any claim or claim in relation to the Agreement or its execution is limited to the amount of the payment paid to the Contractor by the Customer under the Agreement.
8.3. The Contractor is not responsible for the quality of the services provided to the Customer if the Customer does not comply with the recommendations of the Contractor, the Contractor’s representatives.
8.4. The Contractor is not responsible for indirect losses, lost profits, regardless of the method of their infliction.
8.5. The Parties are released from liability for partial or complete non-fulfillment of obligations under the Agreement if this non-fulfillment was the result of force majeure circumstances that arose after the conclusion of the agreement as a result of extraordinary events that the parties could not have foreseen or prevented by reasonable measures.
Force majeure circumstances include events that the parties cannot influence and are not responsible for, such as natural disasters, fires, social emergencies (war, riots, etc.), epidemics, government regulations or orders from government agencies that make it impossible for the parties to fulfill their obligations under the Agreement.
9. PERSONAL DATA
9.1. If applicable, due to the fact that the Customer is an individual, in accordance with Federal Law No. 152-FZ dated 27.07.2006 “On Personal Data”, the Customer hereby gives his consent to processing by the Contractor (including receipt from the Customer and/or any third parties, subject to the requirements defined by this law) of the Customer’s personal data and confirms that by giving such consent, he acts voluntarily and in his own interests. Consent is given by the Customer for the purposes of concluding a Contract with the Contractor and its further execution, rendering Services, making decisions or performing other actions that give rise to legal consequences against the Customer or other persons and applies to the surname, first name, patronymic, address and any other information related to the Customer’s identity available or known at any particular time to the Contractor (hereinafter referred to as personal data).
9.2. Simultaneously with the above consent to the processing of personal data, the Customer also gives his full consent to receive any messages from the Contractor via e-mail and mobile /telephone communication.
9.3. The Contractor undertakes to maintain the confidentiality of the Customer’s personal data.
9.4. The date of the written consent to the processing of the Customer’s personal data is the date of acceptance of the Contract. The consent specified in this paragraph is valid for 3 (three) years.
9.5. The Customer hereby acknowledges and confirms that, if it is necessary to provide personal data for the proper provision of Services to a third party, the Contractor has the right to disclose information about the Customer (including personal data) to such third parties and their authorized persons to the extent necessary to perform the above actions, as well as to provide such persons with relevant documents containing such information.
10. DISPUTE RESOLUTION PROCEDURE
10.1. All disputes and disagreements arising during the execution of the Agreement are subject to a mandatory pre-trial dispute resolution procedure (the deadline for reviewing and responding to a claim is set at thirty days from the date of its receipt, accompanied by supporting documents).
10.2. If the parties do not come to an agreement on the disputed issues, the disputes are considered in court in accordance with the legislation of the Russian Federation.
11. OTHER CONDITIONS
11.1. All correspondence, as well as all notices and communications must be sent in writing. Messages will be considered duly executed if they are sent by registered mail with a delivery notification and an attachment list or delivered personally by an authorized person to the legal (postal) addresses of the Parties and received against receipt by the relevant authorized persons.
11.2. The Parties recognize the legal force of the correspondence between the Parties during the performance of obligations under the Agreement, as well as for documents sent to the appropriate e–mail addresses and consider such documents signed by an analog of a handwritten signature – an e-mail address.
11.3. In the event of a change in the address and other details specified in the Agreement, each of the Parties undertakes to notify the other Party about this within 3 (three) calendar days from the date of such change by notifying the Contracting Party accordingly by telephone or by e-mail (e-mail address), with mandatory notification by letter with the declared value, with a delivery notification and an inventory of the attachment or by courier service.
In case of non-fulfillment of the obligation established in this paragraph, all correspondence (funds) sent (transferred) to the address (details) specified in the Contract shall be deemed received (received) by the addressee (recipient of funds), and obligations duly fulfilled from the moment of sending correspondence (transfer of funds).
11.4. All amendments and additions to the Agreement are drawn up in the form of additional agreements and signed by authorized representatives of the parties. Additional agreements to the Agreement are an integral part of it.
11.5. In everything else that is not provided for by the Agreement, the Parties are guided by the current legislation of the Russian Federation, and if not specified in the legislation: the principles of business ethics and business practices.
12. FORCE MAJEURE
The Parties shall not be liable for non-fulfillment or improper fulfillment of obligations under this agreement if they prove that this was due to the occurrence of force majeure (force majeure) circumstances that arose after the conclusion of this Agreement as a result of extraordinary events that the Parties could not have foreseen or prevented by reasonable measures, and the Parties have taken all possible measures. and measures depending on them for the proper performance of their duties. Force majeure circumstances include, in particular: military actions, the impact of natural forces (earthquake, flood, etc.), epidemics, decisions of government agencies.
The Parties must notify each other of the occurrence of force majeure within three working days from the date of their occurrence.
In the event of force majeure, the deadline for fulfilling obligations under this agreement is postponed to the period during which such circumstances and their consequences apply.
13. Address and details of the contractor
IP Kshevitsky Stanislav Alexandrovich
TAX ID 910219447538
Postal address: 119285, Moscow, Mosfilmovskaya str., 34, p.o. box 5
Phone: +7911-6010417
Details for making a deposit
Recipient Stanislav Aleksandrovich Kshevitsky
Account number 40817810500022945945
BIC 044525974
The recipient’s bank is T-Bank JSC
Correspondent account 30101810145250000974
TIN, if necessary, 7710140679
KPP if necessary, 771301001