User Agreement (Offer) on concluding a service agreement
This Public Offer contains the terms for concluding a Purchase and Sale Agreement (hereinafter referred to as the "Purchase and Sale Agreement" and/or "Agreement"). This offer is recognized as a proposal addressed to one or more specific persons, which is sufficiently definite and expresses the intention of the person who made the proposal to consider themselves having concluded an Agreement with the addressee who accepts the proposal.
Performing the actions specified in this Offer is confirmation of the consent of both Parties to conclude a Service Agreement on the terms, in the manner and scope set forth in this Offer.
The text of the Public Offer below is an official public proposal of the Seller, addressed to interested persons to conclude a Purchase and Sale Agreement in accordance with the provisions of paragraph 2 of Article 437 of the Civil Code of the Russian Federation.
The Purchase and Sale Agreement is considered concluded and becomes effective from the moment the Parties perform the actions provided for in this Offer, which means unconditional as well as full acceptance of all terms of this Offer without any exceptions or limitations on the terms of accession.
Terms and definitions:
Agreement – the text of this Offer with Appendices, which are an integral part of this Offer, accepted by the Buyer by performing conclusive actions provided for by this Offer.
Conclusive actions — behavior that expresses consent to the counterparty's proposal to conclude, modify or terminate an agreement. Actions consist of full or partial fulfillment of the conditions proposed by the counterparty.
Seller's Website on the Internet – a set of computer programs and other information contained in an information system, access to which is provided via the Internet at the domain name and network address: fotoswap.pro
Parties to the Agreement (Parties) – Seller and Buyer.
Goods - any services may be goods under a purchase and sale agreement in compliance with the rules provided for in Article 129 of the Civil Code of the Russian Federation.
2.1. Under this Agreement, the Seller undertakes to provide cloud storage services for the buyer's photos, and the Buyer undertakes to accept the services and pay a certain amount of money for them.
2.2. The name, quantity, as well as the assortment of services, their cost, the procedure for their provision and other conditions are determined based on the Seller's information when the Buyer places an order, or are established on the Seller's website on the Internet, at fotoswap.pro. Acceptance of this Offer is expressed in the performance of conclusive actions, in particular:
- actions related to registering an account on the Seller's Website on the Internet if there is a need to register an account;
- by creating an album and uploading photos for storage;
- payment for the Seller's Services by the Buyer.
3.1. Rights and obligations of the Seller:
3.1.1. The Seller has the right to demand payment for Services in the manner and on the terms provided for by the Agreement;
3.1.2. To refuse to conclude an Agreement on the basis of this Offer to the Buyer in case of their unfair behavior, in particular, in case of:
- providing knowingly false personal information;
- other cases of unfair behavior indicating that the Buyer is concluding the Agreement with the purpose of abusing rights, and the absence of the usual economic purpose of the Agreement — acquisition of Services.
3.1.4. To provide the Buyer with all necessary information in accordance with the requirements of the current legislation of the Russian Federation and this Offer;
3.2. Rights and obligations of the Buyer:
3.2.1. The Buyer has the right to demand the provision of services in the manner and on the terms provided for by the Agreement.
3.2.2. To demand the provision of all necessary information in accordance with the requirements of the current legislation of the Russian Federation and this Offer;
3.2.3. To refuse Services on the grounds provided for by the Agreement and the current legislation of the Russian Federation.
3.2.4. The Buyer undertakes to provide the Seller with reliable information necessary for the proper execution of the Agreement;
3.2.5. To accept and pay for Services in accordance with the terms of the Agreement;
3.2.6. The Buyer guarantees that all terms of the Agreement are clear to them; the Buyer accepts the terms without reservations, as well as in full.
4.1. The cost, as well as the payment procedure for Goods is determined based on the Seller's information when the Buyer places an order, or are established on the Seller's website on the Internet: fotoswap.pro/tariff
4.2. All settlements under the Agreement are made by non-cash payment.
4.3. Funds are debited from the balance daily, in equal parts based on the formula "tariff cost" divided by "number of days in the selected tariff period".
4.4. In case the user activates balance auto-replenishment. When the balance remainder decreases to 7 days, an attempt is made to automatically debit funds for the next period in accordance with the selected tariff.
5.1. The Buyer has the right to return the cost of services not provided, purchased remotely, except for the list of goods not subject to exchange and return according to the current legislation of the Russian Federation. The conditions, terms and procedure for returning Services of proper and improper quality are established in accordance with the requirements of the Civil Code of the Russian Federation, the Law of the Russian Federation dated 07.02.1992 N 2300-1 "On Protection of Consumer Rights"; Rules approved by Decree of the Government of the Russian Federation dated 31.12.2020 N 2463.
6.1. When implementing this Agreement, the Parties ensure the confidentiality and security of personal data in accordance with the current version of Federal Law dated 27.07.2006 No. 152-FZ "On Personal Data" and Federal Law dated 27.07.2006 No. 149-FZ "On Information, Information Technologies and Information Protection".
6.2. The Parties undertake to maintain the confidentiality of information received during the execution of this Agreement, and to take all possible measures to protect the received information from disclosure.
6.3. Confidential information means any information transmitted by the Seller and the Buyer in the process of implementing the Agreement and subject to protection, exceptions are indicated below.
6.4. Such information may be contained in local regulatory acts, contracts, letters, reports, analytical materials, research results, diagrams, graphs, specifications and other documents provided by the Seller, executed both on paper and electronic media.
7.1. The Parties are released from liability for non-performance or improper performance of obligations under the Agreement, if proper performance became impossible due to force majeure, that is, extraordinary and unavoidable under the given conditions circumstances, which include: prohibitive actions of authorities, epidemics, blockade, embargo, earthquakes, floods, fires or other natural disasters.
7.2. In the event of these circumstances, the Party must notify the other Party within 30 (Thirty) business days.
7.3. A document issued by an authorized state body is sufficient confirmation of the existence and duration of force majeure.
7.4. If the force majeure circumstances continue for more than 60 (Sixty) business days, then each Party has the right to unilaterally terminate this Agreement.
8.1. In case of non-performance and/or improper performance of their obligations under the Agreement, the Parties are liable in accordance with the terms of this Offer.
8.2. A Party that has not performed or improperly performed obligations under the Agreement is obliged to compensate the other Party for losses caused by such violations.
9.1. The Offer comes into force from the moment it is posted on the Seller's Website and is valid until it is revoked by the Seller.
9.2. The Seller reserves the right to make changes to the terms of the Offer and/or revoke the Offer at any time at their discretion. Information about changes or revocation of the Offer is brought to the Buyer's attention at the Seller's choice by posting on the Seller's website on the Internet, in the Buyer's Personal Account, or by sending an appropriate notification to the email or postal address specified by the Buyer when concluding the Agreement or during its execution.
9.3. The Agreement comes into force from the moment the Buyer accepts the terms of this Offer and is valid until the Parties fully fulfill their obligations under the Agreement.
9.4. Changes made by the Seller to the Agreement and published on the website in the form of an updated Offer are considered accepted by the Buyer in full.
10.1. The Agreement, its conclusion and execution are governed by the current legislation of the Russian Federation. All issues not regulated by this Offer or incompletely regulated are regulated in accordance with the substantive law of the Russian Federation.
10.2. In the event of a dispute that may arise between the Parties during the performance of their obligations under the Agreement concluded on the terms of this Offer, the Parties are obliged to settle the dispute peacefully before litigation begins.
10.3. Litigation is carried out in accordance with the legislation of the Russian Federation.
10.4. Disputes or disagreements on which the Parties have not reached an agreement are subject to resolution in accordance with the legislation of the Russian Federation. The pre-trial procedure for dispute resolution is mandatory.
10.5. As the language of the Agreement concluded on the terms of this Offer, as well as the language used in any interaction of the Parties (including correspondence, provision of requirements / notifications / clarifications, provision of documents, etc.), the Parties have determined the Russian language.
10.6. All documents to be provided in accordance with the terms of this Offer must be drawn up in Russian or have a translation into Russian, certified in the prescribed manner.
10.7. Inaction of one of the Parties in case of violation of the terms of this Offer does not deprive the interested Party of the right to protect their interests later, and also does not mean waiver of their rights in case one of the Parties commits similar or related violations in the future.
10.8. If the Seller's Website on the Internet contains links to other websites and materials of third parties, such links are posted solely for informational purposes, and the Seller has no control over the content of such sites or materials. The Seller is not responsible for any losses or damage that may arise as a result of using such links.
INN: 212912733258
OGRN/OGRNIP: 305212813300062
Contact phone number: +7 902 663-55-77
Contact e-mail: admin@fotis.su