Offer for the conclusion of a service agreement
This document is an offer by Amigo (hereinafter referred to as the "Company") to registered users of Amigo (hereinafter referred to as "users", "you") to conclude a framework agreement for the provision of services (hereinafter referred to as the "Agreement") on the following conditions (hereinafter referred to as the "offer ").
The offer may contain terms as defined in the Terms of Use of Amigo.
1. The Subject of the Agreement
1.1. The Agreement defines the general terms of the obligations arising between the Company and the user when the Company provides information and technical or advertising services (hereinafter referred to as "services"). These conditions can be supplemented and clarified in the future by the parties concluding, on the basis of the Agreement, separate agreements (transactions) on the provision of services on Amigo or other sites on which the Company provides services.
1.2. The concluded Agreement is an agreement with open terms. The essential conditions of each transaction for the provision of services made on Amigo are formed online individually for the user using the Amigo interface, through which the user selects the service and its parameters, the parties agree on the terms of the transaction.
2. Conclusion of the Agreement. Service order
2.1. The offer is considered accepted by the user, and the Agreement between the Company and the user is concluded from the moment the user pays for the services under the relevant transaction (in this case, it is made simultaneously with the conclusion of the Agreement) or from the moment of making an advance payment for the services ordered in the future. The terms of the concluded Agreement apply to all subsequent transactions between the user and the Company. A contract can only be concluded with a user who is a capable natural person or a legal entity or individual entrepreneur registered in the manner prescribed by law.
2.2. Each order for specific services under the Agreement is an independent transaction for the provision of services of an information technology or advertising nature. A transaction pursuant to this Agreement may be concluded in relation to the services provided on Amigo and available for ordering and payment at the time the user contacts one or another Amigo service.
2.3. Payment for the order is recognized as the user's acceptance of the offer to conclude a transaction on the terms agreed by the parties.
2.4. The user completes each order of services in accordance with the terms of the current edition of the offer and the terms of the corresponding service. The terms of all Amigo services, which are posted on Amigo at the time of ordering services, are an integral part of the offer. The order is made online.
2.5. By accepting the offer, you agree that the fact of performing certain actions on the Amigo, including using professional technical tools, executing commands through the Amigo interface (pressing buttons, clicks), making a payment and other similar actions means your will in relation to ordering and / or activating services in accordance with the service parameters indicated on the Amigo and their price.
3. General conditions for the provision of services
3.1. Services are provided on the territory of the Russian Federation.
3.2. The conditions for the user to receive the Company's services are payment for services and compliance by the user with the Amigo rules established in the documents listed in this clause, as well as in the instructions presented in the Amigo interface (hereinafter - the “Amigo rules”):
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Terms of use Amigo;
Documents governing the terms of use of Amigo services;
Documents regulating the terms of the Tariff;
Documents establishing the rules for posting ads on Amigo;
Documents defining requirements for advertising on Amigo;
other documents regulating the functioning of Amigo.
3.3. The Company's obligations to provide services according to the user's orders are counterproductive to the user's obligations to comply with the Amigo rules and pay for services. If the user fails to fulfill these obligations, the Company may suspend or refuse to provide services in the relevant part on the basis of the powers provided for by the civil legislation of the Russian Federation.
3.4. The company provides services if it is possible to provide them, which is determined, among other things, by the users' compliance with the Amigo rules. Failure to comply with the Amigo Rules may lead to the impossibility of fulfilling the Company's obligations to provide the relevant services.
3.5. Due to the nature of the services offered by the Company, aimed at meeting the individual needs of users to promote goods, works, user services and other offers, under the Agreement, the Company does not assume obligations to provide services to every person who contacts it and may refuse to provide services. to the user. For example, in cases where the provision of services does not comply with the rules of Amigo, its subject matter, categories, etc.
3.6. Some services on Amigo may be available only for certain categories of users, for example, those who use Amigo to carry out their business activities.
3.7. The conditions for the provision of specific services under the Agreement, including their content, scope and timing are determined in the relevant Terms of Service and other Amigo rules.
3.8. The services provided on Amigo can be changed, supplemented, updated, and therefore their use is offered in the "as is" mode, that is, in the form and volume in which they are provided by the Company at the time users contact the services and services of Amigo.
3.9. The Company has the right to send you, using the contact information available in your profile, notifications related to the execution of this Agreement or any of the transactions concluded under the Agreement, including notifications about the status of the provision of services, renewal methods, changes in the terms of service and other information messages, via sms- and push messages, emails and phone calls.
3.10. You agree to comply with the requirements of the current legislation of the Russian Federation, the provisions of the Agreement, the relevant terms of the selected service or service and all other Amigo rules when using the services.
3.11. At the request of the Company, you are obliged to provide the information and documents necessary to identify the user as a party to the Agreement, in particular when sending applications, requests and other requests to the Company related to the provision of services on Amigo. In order to identify private users, the Company may request the full name, series and passport number, scanned copies of the second and third pages of the passport (second spread), the user's email address and phone number used to access the profile. In addition, the Company has the right to independently verify the user as a party to the Agreement by verifying the details specified in your profile with the payer's details under the Agreement, as well as in other ways.
3.12. The parties acknowledge actions performed using the user's login and password as actions performed by the user and having the force of a simple electronic signature.
4. Cost of services and payment procedure
4.1. The cost of the service selected by the user when concluding a transaction under the Agreement is determined based on the characteristics of the service (type of service, composition of the service package and other parameters). The cost of the selected service is displayed in rubles in the Amigo interface when placing an order, unless otherwise provided by the terms of the corresponding service or service. The price does not include VAT. Payment for services is carried out at the prices in force at the time of the payment.
4.2. You can pay for services in one of the ways presented in the Amigo interface at the time of ordering services, including at the expense of the previously transferred advance.
4.3. A user with the profile of a legal entity or individual entrepreneur must pay for services under the Agreement by wire transfer of funds to the Company's current account on the basis of an invoice issued through the Amigo interface. It is also allowed to pay using a corporate bank card issued for the relevant legal entity or individual entrepreneur.
4.4. The company provides the user with information about all payments made by him to Amigo in a special information and analytical section of the profile (hereinafter referred to as the "Account"). The account is intended to record funds received from the user as an advance payment, which can be used to pay for the Company's services ordered in the future, as well as to provide other information related to the Company's services, including the availability of bonuses that can be included in the general balance Invoices about payments received from the user in payment for the services of the Company (including for the purpose of confirming payment).
4.5. When paying for services at the expense of a previously made advance, reflected in the Account, the corresponding amount of funds is debited from the Account balance, taking into account bonuses / discounts (if any), if the conditions of the corresponding service allow their use. Making such a payment is possible only if there is an amount on the Account balance equal to or greater than the total cost of the ordered services.
4.6. Payment by wire transfer on the basis of an invoice issued for users with the profile of a legal entity or individual entrepreneur, and / or a generated receipt for private users must be made indicating the user profile number, as well as other details identifying the payment, including the name and TIN for users with the profile of a legal entity or individual entrepreneur.
When paying in this way, the user is obliged to enter in the payment document the exact data specified in the purpose of payment in the invoice or receipt issued to him. In the absence or incorrect indication of the data listed in this clause, the Company has the right to consider that the payment obligations have not been properly fulfilled by the user, or independently identify the payment according to the available data (including its own accounting data). The company is not responsible for losses that may arise for the user or third parties in case of incorrect indication of the purpose of the payment.
4.7. The service order must be paid in full using one payment method. Payment for one order at the same time in different ways is not allowed.
4.8. In case of cancellation of the service before the start of its provision, termination of the service for any other reason, the Company has the right to credit the unused amount (if any) to the User's Account, regardless of the way in which payment for the services was made earlier.
4.9. As part of incentive events or in other cases, at the sole decision of the Company, you may be provided with bonuses. The use of bonuses is carried out in the form of a discount on the cost of services when they are paid. If there are bonuses on the Account balance, when services are rendered, payment for services is made proportionally using cash and bonuses.
If the user early refuses to use the service, the entire amount of previously provided bonuses is canceled and cannot be restored. After 12 months from the date of the last payment using the Account, bonuses unused by the user may be canceled, unless a shorter period is set for their use. In any case, in case of refusal to use the services, only the balance of funds can be transferred to the User's Account, excluding bonuses.
Bonuses provided by the sole decision of the Company cannot be exchanged, transferred to third parties, cannot be used for other services of the Company, or replaced with a cash equivalent. Bonuses canceled due to the expiration of their validity period or for other reasons cannot be compensated in any form, including in the case of their partial use.
4.10. The fact of providing the user with services on Amigo and their volume are determined based on the statistical data of the Company's accounting system.
4.11. With regard to the services that the Company provides to users with the profiles of a legal entity or an individual entrepreneur in order to comply with the requirements of the legislation of the Russian Federation on accounting, the Company sends monthly to the user's e-mail address or provides the possibility of uploading in the profile a copy of a universal transfer document that includes invoice and act (hereinafter - "UPD") for the reporting month. The original of such a document can be sent by mail to the address indicated in the profile.
The parties may agree on the exchange of documents in electronic form using electronic document management systems (hereinafter - "EDF"). An offer to use EDF can be sent by either party to the other party through the EDF system used. From the moment of acceptance of such an offer, the Company will send documents under this Agreement in accordance with the terms of the EDF Agreement.
4.12. If the Company does not receive written motivated objections from the user regarding the services provided within 5 days from the end of the reporting month (including due to the refusal of the user's representative to receive an electronic copy of the FRT or other documents or the user specifies an inappropriate address for receiving documents) services for the reporting period specified in the UPD are considered to be provided by the Company in a proper manner and accepted by the user in full.
4.13. The user is responsible for receiving any documents (including FRT, messages, notifications) by the above methods. The Company is not responsible for the delay or non-receipt of documents by the user if this was the result of a malfunction of communication systems, actions / inaction of providers, telecom operators, loss of access to the profile by the user or other circumstances outside the control of the Company.
4.14. The name, legal address, postal address, TIN, KPP, contact and other information in payment documents, UPD and other documents generated by the Company are indicated in accordance with the user's details specified in his profile.
4.15. The user is solely responsible for the correctness of the data specified in the user profile on Amigo. When you change the details, you are obliged to immediately make the appropriate changes in your profile. If you cannot independently change the data in the profile, you are obliged to notify the Company of such changes in the form established by the Company with an attachment, at the request of the Company, confirming the changes in documents.
4.16. The company has the right to check the correctness of the user's details specified in the profile by checking with the data contained in the unified state register of legal entities (individual entrepreneurs) and, if there are discrepancies, correct the relevant data using the TIN specified by him as a user identifier.
5. Responsibility
5.1. The company undertakes to make all reasonable efforts to properly provide the services, but does not answer and does not compensate the user's losses if the user cannot use the services for the following reasons:
technological malfunctions of public communication channels through which access to services is carried out, the user's loss of access to the Internet for any reason, errors, omissions, interruptions in operation or data transmission, defects in communication lines and other technical failures;
unauthorized interference in the work of Amigo by third parties, including hacker, DDoS attacks, actions of virus programs and other disruptions to the work of Amigo;
unauthorized interference in the work of Amigo by third parties, including hacker, DDoS attacks, actions of virus programs and other disruptions to the work of Amigo;
the user loses access to the profile, including if there are signs of unauthorized use of it;
upon the occurrence of force majeure circumstances.
5.2. In the event of damage to the user through the fault of the Company, liability is determined in the manner prescribed by the legislation of the Russian Federation. At the same time, the responsibility of the Company to users using Amigo for entrepreneurial and other professional activities is determined in an amount not exceeding the cost of the service ordered and paid by the user, but not received through the fault of the Company, or, if applicable, in an amount not exceeding the balance of the User's Account at the time causing losses and only in the event that the user loses part or all of the amount of funds on the Account balance through the fault of the Company.
5.3. The company is not liable to the user for losses incurred by the user through no fault of the Company, including in connection with the user's violation of the Amigo rules.
5.4. The company is not responsible for the transfer or receipt of user funds in payment for services. Security, confidentiality, as well as other conditions for the use of your chosen payment methods are determined by agreements between the user and the relevant organizations for accepting payments.
5.5. You are responsible for any actions taken on Amigo using your Amigo login details (including the actions of employees and third parties) and for losses that may arise due to unauthorized use of your profile and simple electronic signature.
5.6. In the event of theft or loss of login data, you independently take the necessary measures to change the password for accessing the profile. The company is not responsible for the actions of third parties that resulted in the theft, loss of your login data, as well as any costs, damage or lost profits incurred by the user in connection with unauthorized access by third parties to the user profile.
5.7. The company does not guarantee that the Amigo services will meet the user's expectations and that the user will receive a response from visitors to the ads posted by him in connection with the receipt of services on Amigo.
6. Consideration of claims
6.1. Disputes arising under this Agreement must be referred to the Arbitration Court of Novosibirsk, and if the dispute is not subject to consideration in an arbitration court in accordance with its competence - to other courts in accordance with the provisions of the legislation of the Russian Federation.
6.2. Before going to court, a user with a profile of a legal entity or an individual entrepreneur must comply with an out-of-court dispute resolution procedure by sending a written claim to the Company, with documents confirming the circumstances and requirements referred to by the user. The term for consideration of such claims is no more than 30 days from the date of receipt of the claim by the Company.
7. Other conditions
7.1. The agreement comes into force from the moment of its conclusion in the manner specified in section 2 of the offer, and is valid for an indefinite period until its termination in accordance with the Agreement and legislation.
7.2. The company has the right to change and / or supplement the offer to the extent permitted by law, as well as withdraw the offer at any time. The date of the change of the offer is the date of publication of the new version of the offer on Amigo. You should familiarize yourself with the current version of the offer posted on Amigo, and with the terms of each transaction before concluding the Agreement and completing the transaction.
7.3. Ordering services and making a transaction by the user under the Agreement after the entry into force of changes in the offer means that the parties have agreed to make the appropriate changes and / or additions to the Agreement. Such changes in the Agreement do not apply to services ordered and paid for by the user prior to the entry into force of the changes in the offer.
7.4. The Company has the right to terminate the Agreement in the manner prescribed by law, including in the event of a single violation by the user of the law, the terms of the Agreement or the Amigo rules, notifying the user about this via the Amigo interface, by e-mail or in another way.
7.5. The contract can be terminated early at the initiative of the user. If the user has not used the profile on Amigo within 3 years, the Agreement is considered terminated at the initiative of the user upon the expiration of the specified period. Upon termination of the Agreement, you have the right to apply to the Company for the return of the unused balance of funds in the amount of the Account balance, excluding the bonuses provided. The return of the unused balance of funds is carried out on the basis of a written application from the user in the form established by the Company for the means of payment with which the payment for services was made, and if it is impossible to use this means of payment for the return of funds, in another way determined by the Company.
7.6. When applying for the return of the unused balance of funds, the user, at the request of the Company, is obliged to identify himself as a party to the Agreement by performing the actions specified in the instructions of the Company (send an application from the email address specified in the profile, use the phone number specified in the profile and confirmed in the manner prescribed by Amigo, etc.), as well as provide the necessary documents and information (including documents required for user identification, documents confirming the fact that the user has made payments, etc.).
7.7. The company has the right to indicate the name, trademark and general description of the user's services with the profile of a legal entity or individual entrepreneur in its marketing materials.
7.8. The contract represents all the conditions agreed between the parties in relation to its subject matter, and supersedes all previous agreements, assurances and any kind of agreement between the parties regarding its subject matter, unless otherwise expressly agreed by the parties.
7.9. The obligations of the parties under the Agreement, which, by their nature, must continue to operate (including, but not limited to, obligations regarding the guarantees provided, confidentiality, settlement of accounts) remain in effect after the expiration of the Agreement until complete execution.
8. Company details
IE Labenskaya Elena Vladimirovna
GRIN 320547600010258
Novosibirsk st. Dusi Kovalchuk, 274 pom. 80
email: support@amigo.club
tel. +79232279186
