PUBLIC OFFER (download)
- TERMS AND DEFINITIONS
1.1. Website shall mean web site www.vasforum.ru, where the Offer is published and which is used to make an Order.
1.2. Offer shall mean this document published on the Website.
1.3. Contractor shall mean IQ’T Limited Liability Company having its registered office at 197101, ul. Bolshaya Monetnaya, 16, building 1, lit. B, Saint-Petersburg, Russian Federation, company number 1117847282178.
1.4. Customer shall mean any individual or legal entity which accepted the Offer and by this way became the Customer of services rendered by Contractor.
In the case when the Offer is accepted by an individual on behalf of an legal entity such individual guarantees that he has full authority to commit the acceptance of an offer and is solely liable to Contractor and any third parties in connection with such commission.
1.5. Parties shall mean Contractor and Customer.
1.6. Services shall mean services rendered by Contractor chosen by Customer from the list of services specified on the Website and mentioned in the Order. Among such Services may be the followings: services of organizing the participation of Customer (if the customer is an individual) or its representatives (if the Customer is a legal entity) in the Conference, the organization of accommodation of the Customer (if the Customer is an individual) or its representatives (if the Customer is a legal entity).
The total list of services and their price is available on the Website.
The services chosen by Customer and their price are specified in the Order and the Invoice, which should be sent to Customer via the Website.
1.7. Acceptance of the Offer shall mean fully and unconditional acceptance of the Offer by the Customer by sending the Order to the Contractor while registration procedure on the Website.
The acceptance of this Offer shall mean that Customer fully agrees with all provisions herein, the timing and prices for Services.
A person who committed the Acceptance of the Offer guarantees that he has full authority to do so and is liable in connection with the commission of the Acceptance of Offer.
1.8. Conference shall mean Mobile Trends Forum which shall take place on 20-21 November, 2014. The venue of the Conference is 57, Nevsky prospect, Corinthia St. Petersburg Hotel, St. Petersburg, Russian Federation.
1.9. Order shall mean the application of Customer with the indication of chosen Services filled through the Website while registering for the Conference.
2. GENERAL PROVISIONS
2.1. This offer is an official proposal made by Contractor which contains all terms and conditions of rendering services.
2.2. This Offer constitutes a public offer within the meaning of paragraph 2 of article 437 of the Civil code of the Russian Federation (hereinafter – the Civil Code). By making Acceptance of the Offer Customer expresses its willingness to be bound by all conditions of this Offer. In compliance with paragraph 3 of article 438 of the Civil code the Acceptance of the Offer is deemed to be the equivalent of the conclusion of the contract on the terms set out in this Offer.
2.3. This Offer regulates the relationships between Parties.
2.4. This Offer is a public document available for everybody. The current version of the Offer is available on the Website.
2.5. This Offer may be unilaterally amended and/or modified by Contractor upon notice published on the Website. Customer shall regularly on its own monitor the Website for changes of the Offer.
2.6. The requests, suggestions and claims of individuals and legal entities to Contractor concerning the Website functioning, rendering of Services, breach of third party rights and interests, violation of legislation and public inquires may be sent by email: email@example.com
2.7. This Offer is made in compliance with legislation of Russian Federation. All matters which are not regulated by this Offer shall be governed by the laws of Russian Federation.
2.8. In the event of any contradictions between print version of this Offer and the text published on the Website the latter shall prevail.
3. SUBJECT OF THE OFFER
3.1. The subject of the Offer is rendering of the Contractors Services, specified in the Order of the Customer in accordance with the terms of this Offer.
3.2. The scope, the Conference program, and list of possible Services of Contractor are available on the Website.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. Customer shall:
4.1.1. carefully read the Offer and agree to be bound by its terms before sending the Order;
4.1.2. make payments to Contractor as specified in the Section 5 of this Offer;
4.1.3. provide Contractor with all information necessary under this Offer. The said information should be exact, complete and reliable and shall comply with the applicable laws of Russian Federation.
4.1.4. if the Customer is an individual, he guarantees and confirms that he has legal capacity, is not under the guardianship, custody or patronage, is able to exercise and protect his rights and fulfill his obligations, does not suffer from the disease which prevent him from understanding the meaning of the Offer.
If the Customer is a legal entity the guarantees provided in Section 1.4. of this Offer shall apply.
4.2.Customes is entitled:
4.2.1. to refuse the Services of Contractor and from execution of Offer by notifying Contractor in writing.
The Parties have agreed that in case when Customer refuse the Services of Contractor till November 3rd, 2014, the amount paid by Customer mentioned in the Order shall be reimbursed with the deduction of Contractor’s expenses which includes the price of receiving and processing of the Order amounted to 10% of the price specified in the Order.
In case when Customer refuses the Services after November 3rd, 2014 the penalty in the amount of 100% of the price specified in the Order shall be deducted.
Contractor will unilaterally decide the order, manner and terms of reimbursement (with the deduction of penalties) and will inform Customer of the said decision immediately after it was made. Contractor is not liable for late payment which are connected with non-cash payments.
The paragraph 3 of Section 4.2.1 of this Offer shall also apply to the cases of non-appearance of Customer (in case when it is an individual) or its representatives (in case when it is a legal entity) at the Conference.
4.3. Contractor shall:
4.3.1. provide Services in full in the manner, scope and terms stipulated in this Offer and in the Order of Customer;
4.3.2. provide Customer (in case when it is an individual) or its representatives (in case when it is a legal entity) with information materials and program of the Conference;
4.3.3. in the case of changing of the venue or the time of the Conference to inform the Customer about such changes in advance.
4.4. Contractor is entitled:
4.4.1. to change the content and schedule of the program of the Conference, without disturbing the overall integrity and thematic focus, including, but not limited to, reporters, terms, topics and abstracts of the presentations, rooms for presentations within the venue (location) of the Conference and the terms of conference. All changes in the content and program schedule of the conference should be published on the Website as soon as they arise. Lack of awareness of Customer of such changes, Contractor placed above mentioned methods, do not involve the responsibility of Contractor;
4.4.2 to involve third parties to perform some of its obligations.
Customer confirms that these third parties have the same rights as Contractor, including rights concerning personal data of Customer (in case when it is an individual) or its representatives (in case when it is a legal entity).
5.1. The payments for Services shall be made by Customer in the amount specified in the Offer and in the Invoice sent to Customer by means of Website by bank transfer to the Contractor’s bank account within five (5) working days from receipt of Invoice by Customer from Contractor. The facsimile or other copy of Invoice shall be an appropriate document to make a payment.
Upon the agreement of the Parties the other form of payment shall be possible.
5.2. The payments are made by Customer according to invoice by the 100% advance payment :
-in rubles for residents of the Russian Federation and CIS countries;
- in Euros or US Dollars for non-residents of abovementioned countries.
5.3. Payment is considered made on the day of receipt of funds in the account of Contractor.
5.4. Services rendered by Contractor are formalized by Act of acceptance of Services (hereinafter - the Act).
5.5. In case of non-payment by the due date, specified in the Offer Contractor is entitled to unilaterally terminate the agreement and deny the access of Customer (in case when it is an individual) or its representatives (in case when it is a legal entity) and Customer is not entitled to claim any damages.
5.6. Customer shall pay Contractor in the amount and on the terms specified in the Order, free and clear of, and without any reduction for, any and all taxes payable in the Customer’s country or commissions.
6. PERSONAL DATA
6.1. If Customer is an individual:
6.1.1. Customer gives permission to Contractor to use and process its personal data either with use of automatic equipment or without it. No remuneration is due for such use and process.
6.1.2. The purpose of processing of personal data is the registration of Customer for the Conference, carrying out of advertising programs and marketing, statistics or other researches and notification of Customer about
news and other events, conferences, trainings
by Contractor as well as providing of similar information by the third parties to whom the Contractor communicated personal data under this Offer.
6.1.3. Contractor is entitled to process the personal data of Customer by means of inclusion it in the electronic data base or lists (register), statutory forms and any others means in compliance with the purpose of processing.
6.1.4. Customer herein gives permission to exchange (receiving, transfer) of personal data between Contractor and third parties. The said exchange may take place without any complementary notification of Customer.
6.1.5. Customer herein gives permission to transfer its personal data to competent state bodies and federal institutions of the Russian Federation upon the written request of such bodies and institutions. The said transfer may take place without any complementary notification of Customer.
6.1.6. The permission is given for processing any personal data of Customer, including, but not limited to:
o Surname, name, patronymic name (is applicable), sex;
o Phone numbers;
o Email addresses;
o Place of employment and position;
o Data on education, trainings and retrainings.
6.1.7. Customer accepts to receive from Contractor and third parties promotional, informational or other SMS or emails, including information regarding news, actions, bonus programs etc.
6.1.8. The followings actions may take place while processing personal data: collection, recording, systematization, accumulation, storing, specification, extraction, use, transfer (spreading, providing, access), depersonalization, prohibition, deletion, destruction and any others actions.
6.1.9. Customer herein accepts that its personal data can be processed during all the period of Contractor’s activity. The storage of personal data is carried out in compliance with the legislation of the Russian Federation.
6.1.10. The said permission can be revoked by Customer upon the written notice send to: firstname.lastname@example.org
6.1.11. The said permission is in effect until the cessation of processing of personal data as indicated in section 6.1.9 of this Offer.
6.1.12. If the permission to process the personal data was revoked by Customer Contractor is entitled to continue the processing without the said permission in cases provided by art. 6, 10 and 11 of Federal Law № 152-FZ “On personal data”.
6.2. If Customer is a legal entity:
6.2.1 Customer guarantees that it will receive permission to process personal data and transfer personal data and right to process personal data to third parties (including Contractor) from all of its representatives who will take part in the Conference as provided in section 6.1 of this Offer.
Customer shall be liable in case of non-performance of the said obligation to Contractor, Customer’s representatives and any third parties.
6.2.2. In case of breach of obligations provided in section 6.2.1 of this Offer Customer shall be fully liable under the laws of the Russian Federation. Customer undertakes to compensate Contractor for any damages arising out of such breach.
6.2.3. Customer undertakes to ensure the legal compliance of processing of personal data of its representatives insofar as such obligation may be fulfilled by a person who concluded the agreement with data holder and to represent Contractor in relationships with its representatives concerning personal data.
7. IMAGES AND VIDEO RECORDINGS
7.1. If Customer is an individual:
7.1.1. Customer gives permission to Contractor to use its photos taken during the Conference in any form and by any way (including editing and modifying at Contractor’s sole discretion, adding of illustrations, forewords, afterwords, comments or any explanations), their submission and demonstration to third parties, disclosure and publication at any time and in any manner. No remuneration is due for such use.
Contractor is entitled to use the images with or without indication of the surname, name, patronymic, place of work and position of Customer on each copy of an image taken by Contractor and (or) any third parties authorized by the Contractor as well as using the images in other ways.
7.1.2. Images may be used during all the period of activity of Contractor.
7.1.3. The above-mentioned permission can be revoked by Customer upon the written notice send to: email@example.com
7.1.4. The above-mentioned permission is in effect until the cessation of use of the images as indicated in section 7.1.2 of this Offer.
7.2 If Customer is a legal entity:
7.2.1. Customer guarantees that it will receive permission to use and process images and submit it and the right to process images to third parties (including Contractor) from all of its representatives who will take part in the Conference as provided in section 7.1 of this Offer.
Customer shall be liable in case of non-performance of the said obligation to Contractor, Customer’s representatives and any third parties.
7.2.2. In case of breach of obligations provided in section 7.2.1 of this Offer Customer shall be fully liable under the laws of the Russian Federation. Customer undertakes to compensate Contractor for any damages arising out of such breach.
8.1. For any failure to perform its obligations the Parties shall be liable in accordance with this Offer and the current legislation of the Russian Federation.
For any failure to perform its obligations the Contractor shall be liable in amount of real damages.
8.2. Upon failure or improper performance by the Customer of its obligations to pay for Services, Contractor is entitled to claim from Customer paying a penalty at a rate of 0.1% of the price of the Services specified in the Order per every day of delay. The payment of the penalty shall not release Customer from the obligations or elimination of the breaches.
Terms of payment of penalty shall enter into force on the date of a written request made by Contractor, and the penalties will be assessed from the date of improper fulfillment of obligations by Customer.
8.3. Customer guarantees not to take any actions aimed to cause damage to Contractor or third parties.
8.4. Customer shall be liable in the event of third party access to its payment card and shall bear any losses arising out of such unauthorized use.
8.5.Customer agrees to indemnify Contractor from damages incurred by the Contractor: (i) as a result of the payment of claims to third parties (including government agencies and other entities); (ii) as a result of imposition of any third party (including public authorities) fines and other penalties by Contractor; (iii) as a result of payments made by Contractor on the basis of a settlement agreement approved by the court, court order or other judicial act, if such claims, decisions or settlement agreements, judicial acts were the result of the violation by Customer of its guarantees and obligations under this Offer, the requirements of the legislation of the Russian Federation or the rights of third parties.
8.6. Contractor shall not be liable for any failure of performing of its obligations if it is connected with circumstances beyond its control or force majeure (Acts of God, wars, prohibitions of state and other bodies, etc.)
Contractor shall not be liable in the event of non-fulfillment of its obligations due to unreliability, inadequacy or impertinence of information and documents provided by the Customer or breach of any terms of this Offer, information and documents requirements, or the laws of the Russian Federation.
8.7. Contractor shall not be liable to Customer for the non-conformity of the result of the provision of the Services to its expectations. The parties agree that the Service is provided "as is" and is considered to be properly rendered by Contractor and accepted by Customer on the date and venue of the Conference.
9. DISPUTES SETTLEMENT
9.1. In case any disputes and controversies hereunder arise, the Parties undertake to take all steps to settle them by way of negotiations. Claims forwarded by the Parties to each other to settle disputes shall be examined within ten (10) days from the moment of receipt.
9.2. If disputes and discrepancies are not settled by the Parties by means of negotiations, such disputes and discrepancies can be transferred by any Party, to the competent jurisdiction at the place where the Contractor’s registered office is situated in the order, settled by the legislation of Russian Federation.
10.1. Party which undergoes any changes in business legal structure, nature of business, or any other changes connected with the subject of the Offer, undertakes to inform the other Party about such changes in written not lately ten (10) business days from the date of changes.
10.2. The present Offer enters into force for Customer and Contractor from the moment of its Acceptation and will be in force until Contractor and Customer fulfill their obligations.
10.3. The Parties do recognize the legal power of the documents, sent by e-mail or by facsimile communication; by doing so Parties shall send to each other original documents in the shortest terms after sending documents using above mentioned means of communication. In case of any discrepancies between copies and original documents legal power of the original documents, made on the paper carrier, approved by the signatures of enforced representatives of the Parties, will prevail.
10.4. Contractor is at any time entitled to demand from Customer to conclude the written contract by compiling one document on paper form, if it is required by the legislation of the Russian Federation, or instructions of public authorities, and in other cases at the sole discretion of Contractor. In case of non-performance of obligation herein by Customer Contractor shall be entitled to terminate this Offer unilaterally without any compensation to the Customer.
10.5. If the Customer violates the requirements of the legislation of the Russian Federation, the rights of third parties or its guarantees and obligations under this Offer, Contractor shall be entitled to terminate this Offer unilaterally without any compensation to the Customer.
10.6. If any provision of this Offer is or becomes invalid all others provisions will continue in full force.
10.7. Customer is not entitled to assign rights and obligation under this Offer to any third party without the written consent of Contractor.
10.8. In case of any contradictions between English and Russian text of this Offer, the Russian text shall prevail.