Offer
This document, in accordance with Article 437 of the Civil Code of the Russian Federation, constitutes an offer (hereinafter – the "Offer") by Individual Entrepreneur Aleksandr Alekseevich Korolev (hereinafter – the "Administrator") to enter into an agreement for the provision of paid functionality of the Service, and is addressed to any individual using the Service (hereinafter – the "User") under the terms set out below.
Payment of a Tariff or Option constitutes unconditional and irrevocable acceptance (acceptance) by the User of the terms of this Offer.
Terms and Definitions:
The terms of this Offer shall be interpreted as defined in the User Agreement.
Tariff — the amount of the Administrator's remuneration corresponding to a certain set of Service capabilities and the period of its provision to the User. Types of Tariffs are available in the Account.
Option — additional paid functionality of the Service not included in the Tariff. It allows the User to expand the possibilities of using the Service. Types of Options are available in the Account.
Incident — any event that is not part of the normal functioning of the Service and is characterized by an interruption or degradation in the quality of the Service.
Documentation —
1. Subject Matter
1.1. The Administrator grants the User a non-exclusive license to use the paid functionality of the Service, and the User undertakes to pay the Administrator the remuneration.
2. Procedure and Limits for Using Paid Functionality of the Service
- To activate the paid functionality of the Service, the User must:
- have a registered Account;
- go through the authorization procedure on the Service;
- pay for or activate the selected Tariff and/or Option.
- The User is entitled to use the paid functionality of the Service during the term and to the extent provided by the selected Tariff or Option, and only for its direct functional purpose.
- Access to the paid functionality of the Service is activated within 1 (one) calendar day from the date of payment. After activation of the paid functionality of the Service in the Account, access is deemed to have been provided.
- Information about the connected Tariff, paid Options, and the number of remaining days of use is contained in the Account on the "Billing" page.
3. Terms of Use
- Rights to the paid functionality of the Service are limited to the "right to use", and none of the provisions of this Offer imply the transfer to the User of any exclusive rights to the Administrator's Service.
- The right to use the paid functionality of the Service is granted by the Administrator to the User for the duration of the paid Tariff or Option.
- The User uses the Service in accordance with the Documentation and the applicable laws of the Russian Federation.
4. Technical Support
- The Administrator provides the User with technical support when using the Service. The scope and limits of support, response times to requests, and communication channels are determined by the Administrator unilaterally.
- The operability is ensured remotely through the Administrator's servers.
- The period for resolving an Incident shall not exceed ten (10) business days.
- The following cases shall not be considered an Incident:
- Any scheduled downtime of the Service, provided that the Administrator has notified the User at least 1 (one) calendar day in advance.
- Periods of unavailability for the purpose of maintaining the Administrator's technical infrastructure.
5. Formalizing Relations with Legal Entities and Individual Entrepreneurs
- The Administrator provides access to the paid functionality of the Service to legal entities and individual entrepreneurs on the basis of a separate agreement (hereinafter – the "Agreement").
- If the User requires the conclusion of an Agreement, they must send a notice with a description of the required functionality, the period of connection to the Service, and the organization's details to the Administrator's email address.
- The Administrator shall enter into an Agreement provided that the Tariff and Options are connected for an amount of at least 10,000 (ten thousand) rubles. Otherwise, the Administrator has the right to refuse the User to conclude the Agreement, and payment shall be made on behalf of the representative – an individual in accordance with the rules described in this Offer.
- The Administrator shall notify the User of its decision within three (3) business days.
6. Administrator's Remuneration
- The amount of the Administrator's remuneration is determined based on the Tariff and/or Option selected by the User.
- The Administrator has the right, at its sole discretion, to set discounts on certain Tariffs and/or Options.
- The cost of the paid functionality of the Service does not include possible fees of payment providers.
Payment
- Payment for Tariffs and Options by Users is made by one of the methods specified in the Account:
- Payment by bank cards.
- Electronic money: Yandex.Money.
- WebMoney, Qiwi Wallet, Robokassa.
- Remuneration is considered paid from the moment the corresponding amount of funds is received from the User to the Administrator's bank account.
- The User's payment obligations are considered unfulfilled if the Administrator has refunded the money at the request of the payment organization. In this case, the Administrator has the right to deny the User access to the paid functionality of the Service from the moment of the refund.
- If there is a delay in crediting funds to the Administrator's bank account for more than 3 (three) days, the User has the right to contact the Administrator with evidence of the transfer of funds and independently resolve the situation with the payment organization.
- The User agrees that when making payments to the Administrator at the time of granting access to the paid functionality of the Service, a single cash receipt indicating the full payment will be sent to the User.
- All settlements between the Parties under this Offer are made in Russian rubles. The amount of remuneration is not subject to VAT on the basis of subparagraph 26 of paragraph 2 of Article 149 of the Tax Code of the Russian Federation.
Changing the Tariff
- The User has the right to independently change the Tariff:
- To increase functionality. In this case, the User either pays the difference in the cost of the Tariffs, or the validity period of the new Tariff is changed by reducing the number of days of its use.
- To decrease functionality. In this case, the difference is credited to the User as an increase in the number of days of use of the new Tariff.
- Tariffs and Options, as well as their cost, may be changed by decision of the Administrator, while the cost of an already paid Tariff or Option remains unchanged.
- The Administrator notifies about changes in Tariffs and Options by posting information on the Service.
Termination of Use of Paid Functionality
- Termination of the User's use of the paid functionality of the Service, including in connection with a breach of the terms of this Offer by the User, is not a ground for refund of the amount paid under the Tariff and/or Option.
- If the User refuses the Tariff before its expiration date, as a general rule, a refund is made in proportion to the used period. The proportion is calculated based on the total access period under the Tariff and the unused period.
- If, under promotional terms for the use of the paid functionality of the Service, the Tariff includes several Tariffs at the cost of one, the refund is made within 14 days after the purchase of the Tariff due to the Administrator granting a non-exclusive license.
- If the User refuses the annual Tariff before the expiration of 10 months of its validity, the refund is made without taking into account the discount provided. The discount amount is displayed in the User's Account. The recalculation of the Tariff cost is carried out at the full cost of the Tariff for each month used. The User is refunded the difference between the amount of remuneration paid by the User and such recalculation.
If the User refuses the annual Tariff after the expiration of 10 months of its validity, no refund is made.
7. Liability of the Parties
- If the User violates the terms of use of the Service, the Administrator has the right to apply to the User the liability measures provided for in the Documentation. In such case, the funds transferred under the Agreement shall not be refunded.
- The Administrator has the right to compensate the User for the untimely elimination of an Incident in the form of a proportionate increase in the period of use of the paid functionality of the Service.
- If claims, demands and/or lawsuits are brought against the Administrator for violation of the rights of third parties, the User assumes the obligation to settle them and compensate the Administrator for any damages incurred.
Limitation of Liability
- The Service is provided on an "as is" basis.
- The Administrator shall not be liable and shall not compensate the User for losses caused by:
- reasons specified in the Documentation;
- errors in the operation of the hardware-software complex of the payment system. In the event that funds are not credited to the Administrator's account due to an error, the obligation to refund the funds to the User lies with the provider of the electronic payment system.
- interruptions in the provision of services by contractors and/or data processing and storage centers;
- lack of connection of the Service to the Internet and/or to the Administrator's servers on the User's territory.
- The Administrator's liability shall not exceed the amount of remuneration paid by the User for the period in which the violation occurred.
8. Dispute Resolution
- All issues and disagreements that may arise between the Parties shall be resolved through negotiations in accordance with the laws of the Russian Federation.
- The Parties undertake to observe the pre-trial (claim) procedure for dispute resolution. The period for responding to a claim is 10 (ten) business days from the date of its receipt by the receiving Party.
- If it is impossible to resolve the dispute through negotiations and through the pre-trial procedure, the dispute shall be referred to the court at the location of the Administrator.
9. Final Provisions
- All matters not regulated by this Offer shall be resolved in accordance with the Documentation and the laws of the Russian Federation.
- This Offer may be amended or supplemented by the Administrator at any time without notifying the User. The new version of the Offer shall enter into force after 20 (twenty) calendar days from the date of its posting on the Service.
- The User shall independently check the terms of the Offer for any changes and/or additions.
- Continued use of the Service after changes and/or additions are made to the Offer means the User's acceptance and consent to such changes and/or additions.
- If for any reason one or more provisions of this Offer are found to be invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions of this Offer.
- This Offer is drawn up in Russian and may be provided to the User for review in English. In the event of a discrepancy between the Russian version of the Offer and the version in another language, the provisions of the Russian version shall apply.
Contact Information and Details:
| Full name | Individual Entrepreneur Aleksandr Alekseevich Korolev |
| Short name | IP Korolev A.A. |
| Legal address | 394088, Voronezh, Vladimir Nevsky St., 13V, 90 |
| Postal address | 394088, Voronezh, Vladimir Nevsky St., 13V, 90 |
| INN (Tax ID) | 366222293404 |
| OGRNIP (PSRN) | 325366800038930 |
| Reception phone | +7 (909) 639 68 88 |
| info@artweb.ai |