This Public Offer Agreement (hereinafter referred to as the Offer) defines the relationship between PE Kostenko Evgenii (hereinafter referred to as the Contractor) on the one hand and a legally capable individual or legal entity that has accepted this offer to conclude an Offer as a Customer on the other hand (hereinafter collectively referred to as the Parties)
1. Subject of the Offer
The Contractor, in accordance with the Customer's instructions, will provide the following services (hereinafter referred to as Services) on a paid basis in the interests of the Customer:
1.1. Installation and configuration of OS components for the Customer's needs.
1.2. Installation and configuration of third-party software for the Customer's needs.
1.3. Updating OS components and third-party software used.
1.4. Troubleshooting the operation of the software by changing the parameters, updating the version, or replacing the software with a similar one.
1.5. Checking and configuring information backup systems.
1.6. Hardware and software health check.
1.7. Informing the Customer about the recommended requirements for compliance with the proper level of security.
1.8. Checking system messages to detect and prevent unauthorized access to information.
2. Terms and definitions
2.1. Site – Internet site https://osshelp.io, used by the Performer on the property rights.
2.2. Ticket system available at https://rm.osshelp.ru – software tools of the Site that enable the Customer to interact with the Contractor regarding the implementation of the transaction on the order and the provision of Services.
2.3. Acceptance of the Offer – full and unconditional acceptance of the Offer by the Customer by performing actions to pay the invoice issued by the Contractor by the Customer. Acceptance of the Offer by the User in accordance with paragraph 3 of Article 438 of the Civil Code of the Russian Federation is equivalent to entering into a contract on the terms set out in this Offer.
3. Cost of Services
3.1. The cost of Services is set on the basis of the Contractor's price list https://osshelp.io/en/services.
3.2. In the event of the end of the paid time for the provision of Services, the Customer, in agreement with the Contractor, may purchase additional time according to the Contractor's price list https://osshelp.io/en/services.
3.3. All payments are made in USD or EUR by transferring funds according to the details specified in the Contractor's invoice according to the following scheme:
3.3.1. Within two days of receiving the Contractor's invoice, the Customer pays 50% of the agreed cost of services in the form of an advance payment.
3.3.2. The Customer pays the remaining 50% of the agreed cost of services within two days from the date of acceptance of the Contractor's services.
3.4. The Customer bears the burden of expenses related to payment of bank and third-party commissions when paying for the Contractor's Services.
4. Terms of rendering and procedure for performing Services
4.1. The Customer sends the Contractor a formalized technical specification for the provision of services under this Offer by email to order@osshelp.io. To discuss the terms of the transaction and the provision of services by the Contractor, the Customer is granted access to the Contractor's Ticket System in the response message.
4.2. The terms of rendering specific Services are agreed by the Parties using the Ticket system for each specific order individually.
4.3. After successful rendering of Services, the Contractor delivers the Services in accordance with the procedure established in Chapter 6 of this Offer.
4.4. The provision of Services does not impose an obligation on the Contractor to teach the Customer the knowledge that the Contractor has.
4.5. The provision of Services under this Offer is possible only if the Parties use legal software, databases and other intellectual property objects.
5. Rights and obligations of the Parties
5.1. The Contractor undertakes to:
5.1.1. Provide high-quality Services in accordance with the terms and procedure for providing Services provided for in Chapter 4 of this Offer.
5.1.2. Notify the Customer immediately and suspend operations until they receive instructions from the Customer if any damage is detected:
- inconsistencies in the source data, information, and materials provided by the Customer that are necessary for the provision of Services;
- possible adverse consequences for the Customer of the execution of its instructions on the substance of the transaction;
- non-payment of Services by the Customer;
- other circumstances beyond the Contractor's control that may affect the quality of Services or the inability to provide them;
5.1.3. Submit Services to the Customer using the Ticket System.
5.2. The Customer undertakes to:
5.2.1. Provide all necessary and sufficient information for the provision of Services, reliable and up-to-date contact information, and inform the Contractor of your recommendations and suggestions regarding the terms and procedure for the provision of Services. The Customer undertakes to provide the listed data by sending a formalized technical task to the Contractor's email address in accordance with clause 4.1.
5.2.2. Pay for the Contractor's Services in accordance with the procedure provided for in Chapter 2 of this Offer.
5.2.3. Do not force the Contractor to illegally use malicious, unlicensed software, databases, or otherwise violate the current legislation of the Russian Federation or the countries where the equipment or resources of both the Contractor and the Customer are located (physical servers, virtual servers, etc.).
5.2.4. Observe reasonable measures to keep confidential your usernames, passwords and other information for accessing the Ticket System and other resources provided by the Contractor.
5.2.5. Provide the Contractor with remote access to its computer equipment, software and other resources for the proper provision of Services.
5.2.6. Coordinate with the Contractor the access of third parties to the Customer's servers or resources on which the Contractor provides Services to the Customer.
5.3. The Contractor has the right to:
5.3.1. Not to start rendering Services, but to suspend the work started in cases when the Customer's violation of its obligations under this Offer does not allow the Contractor to provide the Services provided for in this Offer. The period during which the provision of Services was suspended due to the fault of the Customer is not included in the Service delivery period agreed by the Parties. At the same time, the Contractor must properly notify the Customer about the suspension of the provision of Services and justify such suspension through the Ticket system or other means.
5.3.2. The Contractor has the right to suspend the operation of the Ticket System or the Site as a whole without additional notice for maintenance work.
5.3.3. Involve third parties and third-party services in the execution of the Offer without the consent of the Customer.
5.3.4. Change the content of this Offer at any time at your own discretion, the current text of the Offer will be published on the customer's website at https://osshelp.io/en/public-offer/setup.
5.3.5. Check the Customer's personal data and the validity of permits (licenses, etc.), the availability of the necessary powers and rights, including copyright, and in case of incorrect or invalid information, suspend or terminate the provision of Services.
5.3.6. Use the e-mail addresses, mobile phone numbers and other contact details specified by the Customer on the Website to send advertising information. The Customer authorizes the Contractor to send him information, including advertising information in the form of text messages and (or) graphic images, to cell phone numbers, e-mail, and other contact details specified by him on the Site during registration.
5.4. The Customer has the right to:
5.4.1. Check the progress and quality of Services rendered without directly interfering with the Contractor's activities
6. Delivery and acceptance of Services
6.1. After the Services are provided to the agreed extent, the Contractor closes a specific task in the Ticket System.
6.2. The Customer is obliged to confirm in the Ticket System the completion of a specific service. If the Customer does not confirm the completion of a specific service using the Ticket System within fourteen business days, the Parties have agreed to consider that the task has been completed properly by the Contractor.
6.3. Upon receiving a reasoned refusal to accept the Services by the Customer, the Contractor is obliged to eliminate the comments within a reasonable time.
7. Liability of the Parties
7.1. For non-performance or improper performance of obligations under this Agreement, the Parties are responsible in accordance with the legislation of the Russian Federation.
7.2. In the event of its own fault, the Party is obliged to fully compensate all expenses incurred by this Party in satisfying damages to third parties caused, inter alia, by the illegal use of other people's intellectual property objects and the illegal transfer of confidential and personal information related to the performance of this Offer, no later than 1 (one) calendar month from the date of receipt of the claim from the other Party.
7.3. The Contractor is not responsible for any failures, losses or other damage caused in the event of violation by the Customer of the requirement to coordinate with the Contractor the access of third parties to the Customer's resources.
7.4. The Contractor is not responsible for any losses incurred as a result of the Customer's refusal to follow the Contractor's technical recommendations (configuration, security, etc.).
7.5. The Contractor is not responsible for failures of any third-party resources used by the Customer, but makes reasonable efforts within the framework of the Offer to eliminate possible problems (problems in the data center where the customer's servers are located, etc.).
7.6. The Contractor is not responsible for any losses resulting from software failures on any of the Customer's resources.
7.7. The Contractor is not responsible for actions of an unspecified group of third parties aimed at causing damage to the Customer's resources, but within the framework of the Offer, it provides all reasonable services to reduce or eliminate damage (malware, DDoS attacks, etc.)
8. Force majeure
8.1. The Parties are released from liability for partial or complete non-fulfillment of obligations under this Offer, if this non-fulfillment was due to force majeure circumstances, as well as the adoption by state bodies of legislative acts that prevent the fulfillment of the terms of this Offer. In this case, the fulfillment of obligations under this Offer is postponed for the duration of force majeure circumstances and their consequences.
8.2. In case of occurrence of the above circumstances, each of the Parties must notify the other Party in writing within 5 days from the moment of occurrence of these circumstances.
9. Privacy Policy
9.1. Any information transmitted by the Parties to each other during the conclusion, execution of this offer, on the basis of Article 727 of the Civil Code of the Russian Federation, Federal Law of the Russian Federation No. 78 "On Commercial Secrets" is confidential information.
9.2. The Parties undertake to comply with the current legislation of the Russian Federation regulating legal relations related to the establishment, modification and termination of the confidentiality regime with respect to the personal information of the Parties and third parties related to the execution of this Offer, and not to disclose confidential information to anyone.
9.3. The Parties undertake to take all possible measures to protect the information received from disclosure.
9.4. Restrictions on disclosure of information do not apply to publicly available information or information that has become so through no fault of the Parties, as well as to information that has become known to the Party from other sources before or after its receipt from the other Party.
9.5. The Parties are not liable in case of transfer of information to state bodies that have the right to request it in accordance with the legislation of the Russian Federation.
9.6. The Customer gives permission to the Contractor to collect, process and store their personal personal data.
10. Final provisions
10.1. In everything that is not provided for in this Offer, the Parties are guided by the current legislation of the Russian Federation.
10.2. The Parties undertake to make every effort to resolve disputes through negotiations.
10.3. In case of failure to reach an agreement, disputes are considered in the authorized judicial body in accordance with the procedure established by the current legislation of the Russian Federation.
Contractor
PE Kostenko Evgenii
Address: Armenia, Yerevan, Griboyedov st. 44/31
Tax identification number: 72970268
Payment details (USD)
Beneficiary: PE Kostenko Evgenii Aleksandri
Beneficiary account: 11815033555201
Beneficiary's bank: ID BANK CJSC, Yerevan, Armenia
Beneficiary SWIFT: ANIKAM22
Correspondent Bank: JSC BANK OF GEORGIA, Tbilisi, Georgia
Correspondent SWIFT: BAGAGE22
Intermediary Bank: CITIBANK N.A., New York, USA
Intermediary SWIFT: CITIUS33
Contact Information:
E-mail: ask@osshelp.io