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. Scheduled update of OS components and used third-party software.
1.4. Consulting the Customer on the use of the software.
1.5. Troubleshooting the operations of the software by changing the parameters, updating the version, or replacing the software with a similar one.
1.6. Monitoring of information backup systems.
1.7. Monitoring the health of equipment and its components.
1.8. Informing the Customer about the recommended requirements for compliance with the proper level of security.
1.9. 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 Contractor on the property rights, which contains all the necessary information about the procedure, cost and conditions for providing Services under this Offer.
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. Customer's balance - funds deposited by the Customer as an advance payment to the Contractor's current account specified in this Offer for subsequent settlements with the Contractor. Funds on the Customer's Balance Sheet are not limited by the storage period, and therefore the Balance cannot be reset to zero. The Customer can return unused funds from the Contractor's account at any time.
2.4. Service request - a formalized technical task of the Customer in the form of a ticket in the Ticket System, according to which the Contractor provides Services under this Offer.
2.5. Reserve hours - a certain amount of time (hours) paid for by the Customer and reserved by the Contractor, required by the Contractor to provide Services at the request of the Customer. At the same time, the reservation of hours for the Customer's needs is carried out within the current calendar month and is not transferred to the next month.
2.6. Supported Servers - physical or virtual servers, access to which is provided to the Contractor for the provision of technical support services under this Offer.
2.7. Scheduled works - a set of works planned by the Contractor, agreed with the Customer and performed during the provision of Services under this Offer.
2.8. Emergency - complete or partial unavailability of the Customer's supported Servers, which interferes with the normal functioning of the sites and other resources hosted on these servers.
2.9. Emergency work - a set of unscheduled works for prompt elimination or prevention of emergencies and other failures in the operation of the Customer's Internet resources.
2.10. Acceptance of the Offer - full and unconditional acceptance of the Offer by the Customer by performing actions to successfully log in to the Ticket system using the access details provided by the Contractor. 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. When placing new orders by the Customer after the provision of Services under this Offer, the Contractor reserves the right to change the cost of these Services at its sole discretion.
3.4. All payments are made in United States dollars by transferring funds in the form of 100% prepayment to the Contractor's current account on the basis of the Contractor's invoice issued no later than every 25th day of the month preceding the month in which the Services will be rendered. The Customer must pay the invoice no later than every first day of the month in which the Services will be rendered. It is allowed to use other payment methods for the Contractor's services.
3.5. 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. Using the Ticket system, the Customer sends the Contractor a formalized task (Request for services), which the Contractor must complete within the framework of this Offer.
4.2. Terms and other conditions for the provision of specific Services are agreed by the Parties using the Ticket System for each specific Application individually.
4.3. Provision of Services at the request of the Customer is carried out by the Contractor only if there is a sufficient amount of time paid for by the Customer (reserve hours). The time used is recorded using the Contractor's program timing and is recorded by the Contractor for each Request individually.
4.4. After successful rendering of Services, the Contractor delivers the Services in accordance with the procedure established in Chapter 6 of this Offer.
4.5. When providing Services, the Contractor has the right to restrict access to the administrative account of supported objects in order to ensure the proper level of security and proper provision of Services in the Contractor's area of responsibility. If the Customer has access to the administrative account, the latter is responsible for the competence and actions of its personnel and third parties.
4.6. The minimum time interval taken into account by the Contractor for each request of the Customer is 15 minutes.
4.7. The Contractor provides services for servicing other objects of the Customer, except for supported Servers, separately, within the framework of the Offer for the provision of one-time services posted at https://osshelp.io/en/public-offer/setup.
4.8. The provision of Services under this Offer is carried out according to the schedule agreed with the Customer. The Contractor reserves the right to postpone the delivery of Services for Scheduled work due to non-working holidays and other events. At the same time, Emergency operations are performed by the Contractor in a continuous round-the-clock mode.
4.9. 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 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. Not to disclose, transfer, or disclose to third parties, by any possible means of communication, information that has become known to the Contractor during the provision of Services and related to the commercial activities of the Customer: contracts, commercial correspondence, the list of customers, their contacts, the content of commercial offers, internal regulations, features and methods of organizing business processes, passwords, codes, accounting data, etc., without the consent of the Customer.
5.1.4. Submit Services to the Customer using the Ticket System.
5.2. The Customer undertakes to:
5.2.1.Read all the terms and conditions set out in this Offer yourself.
5.2.2. 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 providing Services by filling out an application in the ticket system.
5.2.3. In detail, taking into account the Contractor's opinion, describe to the Contractor the tasks within the terms of reference for high-quality provision of Services under this Offer in order to achieve a result that meets the Customer's requirements as much as possible.
5.2.4. Agree with the Contractor at least 24 hours in advance on the date and time of joint work that requires mandatory participation of the Contractor. Otherwise, the Contractor reserves the right to set the date and time of such work at its discretion, taking into account its work schedule.
5.2.5. The Customer guarantees that it has all the rights and powers necessary to conclude and execute the Offer Agreement and to authorize the Contractor to use the information and materials provided to the Contractor for the provision of Services.
5.2.6. Inform the Contractor at least 24 hours in advance about the ongoing (including planned) work on the equipment, as well as about changes in the software and its parameters (including the source codes of websites, etc.) that may affect the relevance of tasks set as part of the provision of Services.
5.2.7. Accept and pay for the Services rendered in accordance with the procedure established by this Offer.
5.2.8. 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 or virtual servers, etc.).
5.2.9. Take reasonable measures to keep confidential their logins and passwords for authorization in the Ticket system and other resources of the Contractor under the Customer's accounts.
5.2.10. Provide the Contractor with remote access to its computer equipment, software and other resources for the proper provision of Services.
5.2.11. Regularly check the tickets (requests in the Ticket system) or e-mail specified in the request under this Offer for timely and proper provision of Services by the Contractor. Additional means of communication may be used by the Customer only with the consent of the Contractor.
5.2.12. When communicating with the Contractor, including through a representative, prior to the provision of Services or at any stage of the provision of Services under this Offer, behave correctly, do not allow the use of profanity, rudeness, or other disrespect for the Contractor, do not discredit the reputation of the Contractor by disclosing false information or data about it directly or through third parties.
5.2.13. Do not disclose, transfer, or disclose to third parties, by any possible means of communication, information that has become known to the Customer during the provision of Services and related to the Contractor's commercial activities: contracts, commercial correspondence, list of clients, their contacts, content of commercial offers, internal regulations, features and methods of organizing business processes, passwords, codes, accounting data, etc., without the Contractor's consent.
5.2.14. 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. Postpone the deadline for the provision of Services or suspend the provision of Services if the Customer does not agree on a method for eliminating the problem that has arisen during the provision of Services or other inaction of the Customer after receiving a notification from the Contractor. At the same time, the Contractor has the right to independently decide on ways to eliminate the problem and the possibility of further providing Services under this Offer and is not responsible for the result if there is no feedback from the Customer.
5.3.3. Suspend the operation of the Ticket System or the Site as a whole without further notice to the Customer for maintenance work.
5.3.4. Independently make a decision on the possibility of disabling the Customer's resources in the event of a threat or an emergency.
5.3.5. Involve third parties and third-party services in the execution of the Offer without the consent of the Customer.
5.3.6. Block the Customer's account(s) on the Site if the Customer does not pay for Services and is inactive on the Site for more than 30 days.
5.3.7. If the Customer violates clause 5.2.12. of this Offer, block the Customer's account(s) and refuse to provide Services under this Offer unilaterally.
5.3.8. Check the availability of the Customer's resource monitoring point at its own discretion, if the Customer has not provided the Contractor with a detailed description of the monitoring algorithm.
5.3.9. To properly provide the Services, install and / or use any Software at its sole discretion, including changing the server configuration as part of the provision of Services. At the same time, the software installed by the Contractor should not interfere with the operability of the Customer's equipment.
5.3.10. Use the time paid for by the Customer in the framework of rendering Services under this Offer for maintaining the Customer's project documentation, its project, work with its equipment, etc.
5.3.11. If the Customer does not provide a detailed description of the tasks assigned to the Contractor within the terms of reference for the proper provision of Services, finalize it at its own discretion. In this case, the time paid by the Customer as part of the provision of Services under this Offer is debited by the Contractor in proportion to the time spent on such revision.
5.3.12. Completely or partially suspend the provision of Services under this Offer, as well as restrict the Customer's access to the functionality of the Ticket System if the latter has debts to the Contractor for the previous period.
5.3.13. If there is no feedback from the Customer (silence, delay in making a decision, etc.), disable monitoring or redirect notifications of the monitoring system to the Customer if it is impossible to resolve the problem that arose during the provision of Services by the Contractor.
5.3.14. 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/support.
5.3.15. 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.
5.3.16. 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 allows 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.
5.3.17. The Contractor is not obliged to train, advise or provide the Customer with information on the Software used, its algorithms, business processes, etc.
5.4. The Customer has the right to:
5.4.1. Receive necessary and reliable information about the Contractor and the Services provided by him.
5.4.2. 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 rendering the Services to the agreed extent, the Contractor assigns a specific request in the Ticket System to the Customer, and the Customer confirms in the Ticket System that the Contractor has completed the provision of Services and closes the Request.
6.2. 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 by the Contractor properly and in full, the Customer's claims will not be accepted by the Contractor after the specified period expires.
6.3. The Customer accepts the Services provided by the Contractor independently and on its own. At the same time, the Contractor is not obliged to advise or train the Customer for proper acceptance of Services by the Customer.
6.4. If the Customer delays the deadline for making a decision/response on the problem that has arisen, providing access to resources/resources/information when providing Services by the Contractor, and also does not act, the Services are considered to have been provided by the Contractor in full after fourteen working days after notifying the Customer in the Ticket system. In this case, the additional time paid by the Customer for the provision of Services is considered fully used, and the paid funds are not subject to refund.
6.5. 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 damages that occur if the Customer violates the requirement to approve third-party access to the Customer's resources with the Contractor.
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 third parties aimed at causing damage to the Customer's resources, but within the framework of the Offer, it provides all reasonable actions 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 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