Public Offer Agreement
The web application database-design.ru on behalf of Individual Entrepreneur Bespalov Andrey Vladimirovich, hereinafter referred to as the Seller, on one side, and the Buyer, on the other side, have concluded this Agreement as follows.
1. Basic Concepts and Subject of the Contract1.1. Basic Concepts
1.1.1. "Buyer" - a citizen intending to order or purchase, or ordering, purchasing, and using the Web application database-design.ru;
1.1.2. "Seller" - an organization regardless of its organizational and legal form, as well as an individual entrepreneur, selling goods remotely;
1.1.3. "Sale of Subscription remotely" - the sale of a Subscription under a retail purchase agreement, concluded on the basis of the Buyer's familiarization with the description of the Subscription offered by the Seller, contained on the Seller's Website
1.1.4. "Web application" – software that does not require installation on a computer, executed in a browser and available at
app.database-design.ru1.1.5. "Subscription" – paid access to use the Web application, with the possibility to pay for a month or for a year at once.
1.1.6. "Order" - the Buyer's decision to purchase a Subscription, processed in the Web application.
1.1.7. "Online store" - the Seller's website intended for concluding retail purchase agreements based on the Buyer's familiarization with the description of the Web application offered by the Seller via the internet, excluding the possibility of direct familiarization by the Buyer with the Web application.
1.2. Subject of the Contract.
1.2.1. The Seller undertakes to provide access to the functionality of the Web application – (hereinafter referred to as the “Web application”) to the Buyer, and the Buyer undertakes to accept and pay for this Product under the terms of this Agreement.
1.2.2. The conditions for the manufacture, payment, and delivery, as well as warranty service of the Product, are specified in this agreement.
1.2.3. In accordance with Article 437 of the Civil Code of the Russian Federation (hereinafter referred to as “Civil Code”) this document is a public offer addressed to individuals, and upon acceptance of the terms set out below, the individual undertakes to make payment for the Subscription under the terms outlined in this offer. According to paragraph 3 of Article 438 of the Civil Code, the moment of final confirmation of the Order by the Buyer represents the acceptance of the offer by the Seller, which is equivalent to the conclusion of a retail purchase agreement (hereinafter referred to as the “Agreement”) for the Subscription on the terms established in this offer and on the Website.
1.2.4. The Seller and the Buyer guarantee that they possess the necessary legal capacity and authority, as well as all rights and powers necessary and sufficient to conclude and execute the retail purchase Agreement for the Subscription.
1.2.5. By ordering a Subscription through the Web application, the Buyer unconditionally accepts the terms of this offer. The Order of the Subscription made by the Buyer on the website or by phone is confirmation of the Agreement concluded between the Seller and the Buyer.
1.2.6. The provisions of the Civil Code (including provisions on retail purchases (Chapter 30, § 2), the Law of the Russian Federation “On Consumer Rights Protection” dated February 7, 1992, No. 2300-1, and other regulatory legal acts of the current legislation of the Russian Federation (hereinafter referred to as “RF”) apply to the relationship between the Buyer and the Seller.)
1.2.7. The Seller reserves the right to make changes to this offer, and the Buyer undertakes to independently monitor the existence of changes in this offer posted on the Website. The Seller is obliged to notify about changes to this offer by posting an informative message on the Website no later than three (3) working days before the date they take effect. The current version of this offer is always available on the web page at database-design.ru/offer
2. Subscription Price and Payment Procedure2.1. Prices are indicated in Russian rubles. Payment for Subscriptions ordered on the website is accepted in Russian rubles. It is also possible to pay in dollars and euros, with the cost calculated at the exchange rate of the payment system.
2.2. The cost of a Subscription valid for 1 month is 777 rubles
2.3. The cost of a Subscription valid for 1 year is 5555 rubles
2.4. Payment for the Subscription can be made in the following ways:
— online by card or through payment systems;
2.5. The date of payment is considered to be the date the funds are credited to the Seller's settlement account.
2.6. The Subscription can be paid for by registering in the Web application. All functionality of the Web application is only available with a paid Subscription.
3. Exchange and Return of Subscription3.1. The Subscription is not subject to exchange or return.
4. Rights and Obligations of the Seller4.1. The Seller is obliged:
4.1.1. To ensure that the Buyer receives complete access to the functionality of the Web application after the Buyer has paid for the Subscription
4.2. The Seller has the right:
4.2.1. To refuse to fulfill this Agreement unilaterally in case of non-payment of the Subscription by the Buyer.
5. Rights and Obligations of the Buyer5.1. The Buyer is obliged:
5.1.1. To pay for the Subscription in full
5.2. The Buyer has the right:
5.2.1. To propose an idea to the Seller for improving the functionality of the Web application
5.2.2. To share their experience of using the Web application with their colleagues
6. Liability of the Parties6.1. For failure to fulfill or improper fulfillment of their obligations under this Agreement, the parties are liable in accordance with applicable law and the terms of this Agreement.
7. Dispute Resolution Procedure7.1. The Parties take necessary measures to resolve contentious issues and disagreements arising from the execution and termination of this Agreement through negotiations.
7.2. If the Parties do not reach an agreement on contentious issues through negotiations, the dispute may be resolved in court.
Compliance with the pre-trial procedure for dispute resolution is mandatory for the Parties. A claim is sent in writing and signed by the parties or their representatives.
The claim is considered within 30 days from the date of receipt. The response to the claim is signed by the parties or their representatives.
8. Force Majeure8.1. In the event of force majeure circumstances, which include natural disasters, mass riots, strikes, revolutions, military actions, the enactment of legislative acts, governmental decrees, orders of state bodies directly or indirectly prohibiting the activities specified in the contract, hindering the performance of the parties' functions under the Agreement, and other circumstances beyond the control of the parties, the parties to this Agreement are released from liability for non-fulfillment of their obligations.
In the event that force majeure circumstances and their consequences continue for more than three months or will persist beyond this period, the parties will conduct negotiations as soon as possible to identify acceptable alternative ways to fulfill the Agreement and reach a corresponding agreement.
9. Term of the Agreement9.1. The term of this Agreement comes into effect from the moment the funds are credited to the Seller’s settlement account and ends on the day following the expiration date of the Subscription.
10. Details
Individual Entrepreneur
Bespalov Andrey Vladimirovich INN: 165924652248
OGRNIP: 322169000023750
Bank: AO "TINKOFF BANK"
Moscow, 127287, 2nd Khutorskaya St., 38A, bldg. 26
Settlement account:
40802810800003031538
Correspondent account:
30101810145250000974
BIC:
044525974