PUBLIC OFFER for the Conclusion of a Service Agreement
1. General Provisions
This Public Offer contains the terms for concluding a Service Agreement (hereinafter referred to as the “Service Agreement” or “Agreement”). This Offer is a proposal addressed to one or more specific persons, which is sufficiently definite and expresses the intention of the person making the proposal to consider themselves as having entered into the Agreement with the addressee who accepts the proposal.
The performance of the actions specified in this Offer confirms the consent of both Parties to conclude the Service Agreement on the terms, in the manner, and to the extent set out in this Offer.
The text of this Public Offer below is an official public proposal of the Contractor addressed to interested parties to conclude a Service Agreement in accordance with Clause 2 of Article 437 of the Civil Code of the Russian Federation.
The Service Agreement is deemed concluded and takes effect from the moment the Parties perform the actions provided for in this Offer, which signify unconditional and full acceptance of all the terms of this Offer without any exceptions or limitations on the terms of accession.
Terms and Definitions
- Agreement: The text of this Offer with its Annexes, which form an integral part of this Offer, accepted by the Customer through the performance of conclusive actions provided for in this Offer.
- Conclusive actions: Behavior that expresses agreement with the counterparty’s proposal to conclude, amend, or terminate the agreement. These actions consist of full or partial fulfillment of the conditions proposed by the counterparty.
- Contractor’s Website: A set of software for electronic computing machines and other information contained in an information system, accessible via the Internet at the domain name and network address: qwerty.school.
- Parties to the Agreement (Parties): The Contractor and the Customer.
- Service: A service provided by the Contractor to the Customer in the manner and under the conditions established by this Offer.
2. Subject of the Agreement
2.1. The Contractor undertakes to provide the Customer with Services, and the Customer undertakes to pay for them in the amount, manner, and terms established by this Agreement.
2.2. The name, quantity, procedure, and other conditions for the provision of Services are determined based on the Contractor’s information when the Customer submits an application or as specified on the Contractor’s Website: qwerty.school.
2.3. The Contractor provides Services under this Agreement personally or with the involvement of third parties, while the Contractor is responsible for the actions of third parties as if they were its own.
2.4. The Agreement is concluded by the Customer’s acceptance of this Offer through the performance of conclusive actions, expressed as:
- Actions related to registering an account on the Contractor’s Website, if account registration is required;
- Submission and sending of an application by the Customer to the Contractor for the provision of Services;
- Actions related to the Customer’s payment for the Services;
- Actions related to the provision of Services by the Contractor.
This list is not exhaustive, and other actions that clearly express the intention of a person to accept the counterparty’s proposal may also apply.
3. Rights and Obligations of the Parties
3.1. Rights and Obligations of the Contractor
3.1.1. The Contractor undertakes to provide Services in accordance with the provisions of this Agreement, within the terms and scope specified in this Agreement and/or as indicated on the Contractor’s Website.
3.1.2. The Contractor undertakes to provide the Customer with access to the sections of the Website necessary for obtaining information in accordance with Clause 2.1 of the Agreement.
3.1.3. The Contractor is responsible for the storage and processing of the Customer’s personal data, ensures the confidentiality of such data, and uses it solely for the quality provision of Services to the Customer.
3.1.4. The Contractor reserves the right to unilaterally change the terms (period) of Service provision and the conditions of this Offer without prior notice to the Customer by publishing such changes on the Contractor’s Website. New or amended conditions published on the Website apply only to newly concluded Agreements.
3.2. Rights and Obligations of the Customer
3.2.1. The Customer undertakes to provide accurate information about themselves when receiving the relevant Services.
3.2.2. The Customer undertakes not to reproduce, repeat, copy, sell, or use for any purpose the information and materials made available to them in connection with the provision of Services, except for personal use directly by the Customer without providing access in any form to any third parties.
3.2.3. The Customer undertakes to accept the Services provided by the Contractor.
3.2.4. The Customer has the right to demand a refund from the Contractor for unprovided Services, poorly provided Services, Services provided in violation of the agreed terms, or if the Customer decides to cancel the Services for reasons unrelated to the Contractor’s breach of obligations, solely on the grounds provided by the current legislation of the Russian Federation.
3.2.5. The Customer guarantees that all terms of the Agreement are clear to them; the Customer accepts the terms without reservations and in full.
4. Price and Payment Procedure
4.1. The cost of the Contractor’s Services and the payment procedure are determined based on the Contractor’s information when the Customer submits an application or as specified on the Contractor’s Website: qwerty.school.
4.2. All payments under the Agreement are made on a cashless basis.
5. Confidentiality and Security
5.1. In implementing this Agreement, the Parties ensure the confidentiality and security of personal data in accordance with Federal Law No. 152-FZ of July 27, 2006, “On Personal Data” and Federal Law No. 149-FZ of July 27, 2006, “On Information, Information Technologies, and Information Protection.”
5.2. The Parties undertake to maintain the confidentiality of information received during the performance of this Agreement and take all possible measures to prevent the disclosure of such information.
5.3. Confidential information refers to any information transmitted by the Contractor and the Customer during the implementation of the Agreement that is subject to protection, except as specified below.
5.4. Such information may be contained in local regulations, contracts, letters, reports, analytical materials, research results, diagrams, charts, specifications, and other documents provided to the Contractor, whether in paper or electronic form.
6. Force Majeure
6.1. The Parties are released from liability for non-performance or improper performance of obligations under the Agreement if proper performance was impossible due to force majeure, i.e., extraordinary and unavoidable circumstances, including prohibitive actions of authorities, epidemics, blockades, embargoes, earthquakes, floods, fires, or other natural disasters.
6.2. In the event of such circumstances, the affected Party must notify the other Party within 30 (thirty) business days.
6.3. A document issued by an authorized state body is sufficient confirmation of the existence and duration of force majeure.
6.4. If force majeure circumstances persist for more than 60 (sixty) business days, either Party may unilaterally terminate this Agreement.
7. Liability of the Parties
7.1. In case of non-performance or improper performance of their obligations under the Agreement, the Parties are liable in accordance with the terms of this Offer.
7.2. The Contractor is not liable for non-performance or improper performance of obligations under the Agreement if such was due to the fault of the Customer.
7.3. A Party that fails to perform or improperly performs its obligations under the Agreement must compensate the other Party for losses caused by such violations.
8. Validity of this Offer
8.1. This Offer takes effect from the moment it is published on the Contractor’s Website and remains in effect until it is withdrawn by the Contractor.
8.2. The Contractor reserves the right to amend the terms of the Offer or withdraw the Offer at any time at its discretion. Information about changes or withdrawal is communicated to the Customer by publishing on the Contractor’s Website, in the Customer’s personal account, or by sending a notification to the email or postal address provided by the Customer.
8.3. The Agreement takes effect from the moment the Customer accepts the terms of the Offer and remains in effect until the Parties fully perform their obligations.
8.4. Changes made by the Contractor to the Agreement and published on the Website in the form of an updated Offer are deemed fully accepted by the Customer.
9. Additional Conditions
9.1. The Agreement, its conclusion, and performance are governed by the current legislation of the Russian Federation. Issues not regulated or incompletely regulated by this Offer are governed by Russian substantive law.
9.2. In the event of a dispute between the Parties, they must attempt to resolve it amicably before initiating legal proceedings. Legal proceedings are conducted in accordance with Russian legislation. Disputes or disagreements unresolved by agreement are subject to resolution under Russian law. Pre-trial dispute resolution is mandatory.
9.3. The language of the Agreement and all interactions between the Parties (including correspondence, demands, notifications, explanations, and documents) is Russian.
9.4. All documents provided under this Offer must be in Russian or have a certified Russian translation.
9.5. The inaction of one Party in the event of a violation of this Offer’s terms does not deprive the interested Party of the right to protect its interests later, nor does it imply a waiver of its rights in the event of similar violations in the future.
9.6. Links to third-party websites or materials on the Contractor’s Website are provided for informational purposes only, and the Contractor has no control over their content. The Contractor is not liable for any losses or damages arising from the use of such links.
10. Contractor’s Details
TIN: 583413885669
Contact Email: vse10rus@gmail.com