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Contract offer

Sole trader ILYA A. ZHMAKIN (hereinafter — Contractor), pursuant to articles 428, 435, 437 and 438 of the Civil code of the Russian Federation, by publishing this Offer, offers any individual person expressing consent (acceptance) set out in this Offer for the terms specified in its way (hereinafter — Customer), to enter into an Offer Agreement under the terms set forth below (hereinafter — the Agreement).


By virtue of article 438 of the Civil code of the Russian Federation, the Contract is concluded in a simplified manner by accepting this offer and by paying for the Order.



  1. CAPITALIZED TERMS USED HEREIN


1.1. The Parties have agreed that the following terms and definitions are used in this Agreement:


"Contractor" - sole trader ILYA A. ZHMAKIN.


"Customer" - any individual who has agreed to the terms and conditions set forth in this Offer and accepted it in the manner specified therein.


"Service" – the website of the online service "Hooli", available on the Internet at: https://hoolitruly.com/, which is an online store for ordering individual tailoring. The service includes a set of information, other computer programs, databases, program codes, underlying know-how, algorithms, design elements, fonts, logos, as well as text, graphic and other materials and other results of intellectual activity. The exclusive rights to the Service and any of its components belong to the Contractor as the copyright holder or licensee on the basis of the law, contract or other transaction.


"Order" – the Contractor's task to perform work on individual tailoring and, if necessary, its delivery, issued by the Customer in electronic form using the Service interface or any other available method. The Order in this Agreement also refers to the finished product (clothing) made by the Contractor on the basis of the Customer's task.


"Delivery service" – an internal service or a third Party (organization, sole trader, individual) that provides services for the delivery of the ready-made piece of clothing to the Customer.


"Messenger" means an information system and/or computer program (mobile application, web service, web application, etc.) that is intended and/or used for receiving, transmitting, delivering and/or processing electronic messages of Internet users (e.g. Skype, WhatsApp, Viber, Telegram, etc.).


1.2. All other terms and definitions found in the text of this Agreement are interpreted by the Parties in accordance with the legislation of the Russian Federation, the current recommendations (RFC) of international standards bodies on the Internet and the usual rules of interpretation of the relevant terms established on the Internet.


1.3. Terms and definitions used in this Agreement can be used as singular or plural depending on the context, the spelling of terms can be used with both uppercase and lowercase.


1.4. The Titles of the headings (articles), as well as the construction of this Agreement are intended solely for the convenience of using the text of the Agreement and have no literal legal meaning.


2. SUBJECT MATTER OF THE AGREEMENT



2.1. The contractor pledges on the instructions of the Customer to produce the garment, style and size of which is specified in the Customer's Order, and the Customer undertakes to accept and pay the result of work – the ready garment.


2.2. The tailoring is made out of the Contractor's materials, the cost of which is already included in the Order price and is not less than 30 (thirty) percent of the Order price.


3. THE PROCEDURE OF ORDER'S REGISTRATION



3.1. The Customer places an Order on the Service's website using the Service interface, filling in the form fields suggested by the Service and / or choosing from the suggested options for the appearance of the ready-made piece of clothing, as well as specifying their contact details for feedback and order confirmation at the last stage of filling in. An Order can also be placed by use of any other available means of communication (e.g. messengers, e-mail, etc.).


3.2. When placing an Order, the Customer specifies the personal data necessary for placing and executing the Order in accordance with this Agreement and the privacy Policy posted on the Service's website at: https://hoolitruly.com/policy.


3.3. The Customer is responsible for the content and accuracy of the information provided by them on the Service when placing an Order.


3.4. If the Customer provides unreliable information, the Contractor is not responsible for any adverse consequences, including, but not limited to: late notification or failure to notify the Customer of the results of processing their Order, late performance of work, late delivery of the finished Order, non-compliance of the Order with the Customer's expectations, which they did not directly indicate in the Order. If incorrect contact information is provided and if the Contractor is unable to contact the Customer within 2 (two) days, the Order is considered canceled.


3.5. After placing an Order in accordance with the form established by the Contractor, it is sent to the Contractor for processing.


3.6. When processing the Customer's Order, the Contractor's employees check the correctness of filling in in the Order form, if necessary, contact the Customer and specify the terms and other conditions for performing the work, depending on the individual characteristics of the Order.


3.7. If errors and/or inaccuracies in the Order are detected, the responsible employee of the Contractor contacts the Customer by e-mail or by phone, specified as the contact number when placing the Order to clarify the Order data.


3.8. After checking the Order, it is delivered to the Contractor within the terms agreed with the Customer, which may range from 2 (two) to 40 (forty) working days, depending on the type of fabric, accessories and other materials used in the Order and may be increased in the case of an order at a reduced cost or if the product participates in promotions and sales.


4. TERMS OF PAYMENT



4.1. The Customer pays for the Order under the terms set forth in this Agreement and at the price agreed with the Contractor directly at the Order confirmation stage.


4.2. The Total cost of the Order consists of the cost of work, materials and the cost of delivery of the ready-made piece of clothing, provided that it is ordered.


4.3. Payment is made when placing an Order, under the terms of 100% (one hundred percent) prepayment, unless it is applied otherwise in the Order.


4.4. The Contractor has the right to set restrictions on payment methods for the Order, indicating the available payment methods directly when placing the Order by the Customer.


4.5. The payment must be made by the Customer in roubles of the Russian Federation.


4.6. Payment for the Order is made by the Customer using one of the following methods:


  • payment by Bank card (Visa, MasterCard, JCB and MIR);


  • payment using the payment service (QIWI, Yandex.Money, PayPal);


  • cash payment when purchasing in one of the Contractor's showrooms.



4.7. Payment is made via Internet in accordance with the Rules of the international payment systems Visa, MasterCard, JCB and MIR on the principles of confidentiality and security of payment, for which the payment service uses the most modern methods of verification, encryption and data transmission over closed communication channels. Bank card data input is made on the secure payment page of the payment service.


4.8. On the page for entering Bank card data, it is necessary to enter the card number, cardholder's name, card expiration date, and a three-digit security code (CVV2 for VISA or CVC2 for MasterCard). All necessary data is printed on the bank card itself. A three-digit security code is three digits on the back of the card. Next, the Customer will be redirected to their Bank's page to enter the 3DSecure code, which will be sent to the Customer's mobile phone in an SMS message. If the 3dsecure code is not received by the Customer, the Bank that issued the card should be contacted.


4.9. Cases of refusal of making the payment:


  • the Bank card is not designed for making payments via Internet, as you can find out by contacting the Bank that issued the Bank card;


  • insufficient funds on the Bank card for payment. For more information about the availability of funds on a Bank card, please contact the Bank that issued the Bank card;


  • the Bank card data have been entered incorrectly;


  • the Bank card has expired. The card validity period is usually indicated on the front side of the card (this is the month and year until which the card is valid). For more information about the card's expiration date, contact the Bank that issued the Bank card.


4.10. Bank card data is transmitted only in encrypted form and is not stored either on the Contractor's server or on the payment service server.


4.11. The service may have interactive prompts and other instructional materials explaining to the Customer the payment's process.


4.12. The conclusion of the Contract with the Customer and payment for the execution of the Order is confirmed by a registered receipt issued by the Contractor on the basis of the data specified in the Customer's interface.


5. ORDER DELIVERY PROCEDURE


5.1. Upon completion of work and Order the Contractor will send the Customer notice of readiness, which contains a link to the page where the Customer can choose one of the ways of receiving the Order: either to pick up the Order from pickup point independently or to arrange delivery of the Order at the specified Customer address. When ordering a delivery, the cost is paid by the Customer immediately.


5.2. Order Pickup from the Contractor's warehouse is free of charge. In this case, free storage of the Order in the Contractor's warehouse is carried out within 20 (twenty) calendar days. After the expiration of the specified period, the Order is stored in the Customer's warehouse for a fee of 50 (fifty) roubles per day.


5.3. The delivery time of the Order to the Customer is calculated depending on the address and type of delivery, but may not exceed 30 (thirty) working days.


5.4. In order to deliver the ready-made piece of clothing to the Customer, the Contractor organizes delivery from the Contractor's warehouse or showroom on its own or by third Parties engaged by the Contractor, including entering into contracts with carriers, delivery services, postal organizations and other third Parties.


5.5. The Contractor provides the Service delivery information about the place and time of receiving the order, the sender (the Contractor), the place and time of delivery, about Customers, and other necessary information.


5.6. The Contractor undertakes to comply with the agreed delivery time of the Order, but is not responsible for possible delays in delivery due to unforeseen circumstances that occurred through no fault of the Contractor, which could not have been foreseen.


5.7. If the Order has not been delivered to the Customer by the fault of the Customer, re-delivery may be made if new delivery terms are agreed by the Contractor and the Customer and by providing the payment by the Customer the cost of re-delivery of the Order.


5.8. Upon receiving the Order at a pick-up point the obligation to transfer the Order is considered executed, and the Order is considered taken and accepted by the Customer after receipt of the Order by the Customer.


5.9. Upon delivery of the Order through the delivery Service the obligation to transfer Order is considered executed, and the Order is sent and accepted by the Customer upon signing consignment note for the cargo provided by the delivery Service.


5.10. Ownership and all risks of accidental death or accidental damage to the finished garment from the Order are transferred from the Contractor to the Customer from the moment the Order is handed over to the Customer.


6. RIGHTS AND OBLIGATIONS OF THE PARTIES



6.1. The Contractor undertakes to:


6.1.1. perform the work independently or with the involvement of subcontractors in the performance of their duties without the additional consent of the Customer. At the same time, the Contractor is responsible for the results of subcontractors' actions as for their own;


6.1.2. notify the Customer on or before 5 (five) calendar days and suspend the execution of the work before receiving instructions from the Customer if possible adverse consequences for the Customer are found for the execution of his instructions on the method of performing the work given by them when placing the Order or at the stage of its confirmation, or if other circumstances beyond the Contractor's control arise that threaten the validity or strength of the Order or make it impossible to complete it on time, including the detection of defects in the Contractor's materials caused by the supplier of such material. If the Customer, despite a timely and reasonable warning by the Contractor, does not change the instructions on how to perform the work within a reasonable time or does not take other necessary measures to eliminate the circumstances that threaten the validity of the Order, the Contractor has the right to terminate this Agreement and demand compensatory payments for documented losses caused by its termination;


6.1.3. if required, to carry out additional work, notify the Customer of such need and of the excess of the cost of performing the work on or before 5 (five) calendar days from the moment when the Contractor discovered the specified need;


6.1.4. in case when the Customer, when placing the Order, has chosen to receive the result of work at a pick-up point and at the same time did not appear for the result of work in a period of more than 2 (two) months, and the storage costs of the Order have become equal to its cost, the Contractor shall send them a written warning twice that the result will be converted to cash upon expiry of 2 (two) months from the date of warning's departure with repayment from the proceeds all payments owed to the Contractor;


6.1.5. provide the Customer with reliable and necessary information about the method of performing the work upon request.


6.1.6. When transferring the result of work to the Customer the Contractor will inform the Customer by placing appropriate information on the tag on the garment about the requirements that must be followed for effective and safe use of the result of work as well as possible for the Customer and other persons consequences of non-compliance with the relevant requirements.


6.2. The contractor shall have the right:


6.2.1. not to start working or suspend it if the Customer has not provided the necessary information for the performance of the work or provided it in violation of the term established by the Agreement;


6.2.2. to retain the result of the work if the Customer fails to fulfill the obligation to pay the Contract price for the work;


6.2.3. upon detection of defects in accordance with the Customer to eliminate the revealed defects free of charge or to redo the work with compensation to the Customer caused by delay performance losses;


6.2.4. in case when the Customer does not appear to receive the result of the work performed after 2 (two) months from the date of sending the customer a written warning, to sell the result of work, and the proceeds, minus all payments owed to the Contractor, make a Deposit in accordance with the procedure provided for by the current legislation of the Russian Federation;


6.2.5. to deviate from the instructions of the Customer, from the terms of the Order, samples and manufacturing technology, if they are not related to causing harm to the life and health of the Customer, but are aimed at proper performance of work.


6.3. The Customer shall have the right:


6.3.1. to request information about the course and quality of the work performed by the Contractor at any time, but providing non-interference in the Contractor's activities;


6.3.2. at any time before transferring the result of work to them to repudiate the performance of the Contract by paying to the Contractor the established price of proportionally part of the work performed prior to the notification of refusal from the Contract, including the cost of fabric in the range of from 30 (thirty) to 50 (fifty) percent of the cost of Order and the cost of tailoring in the range of from 30 (thirty) to 40 (forty) percent of the Order value, and reimburse to the Contractor the expenses produced up until that point in order to execute the Contract, if they are not included in the stated part of work's price;


6.3.3. to coordinate with the Contractor a reasonable term for eliminating defects in case of failure of the Contractor in the appointed term of this requirement to terminate the Contract or to eliminate the defects on their own or assign defects to a third Party, with such costs of the Contractor and to claim damages, if during execution of work it will become obvious that it will not be performed properly.


6.4. The Customer is under the obligation:


6.4.1. to provide the Contractor with all the necessary information to perform the work within 2 (two) calendar days from the date of receipt of the request from the Contractor;


6.4.2. if necessary, to appear for taking measurements at the request of the Contractor or provide measurements taken independently;


6.4.3. if the Contractor requests instructions in accordance with clause 6.1.2 of this Agreement, to respond to the Contractor's request within 2 (two) calendar days from the date of its receipt;


6.4.4. to accept the result of work no later than 2 (two) calendar days after receiving the Contractor's notice of the termination of work;


6.4.5. to notify the Contractor of detected latent defects in the work within 2 (two) calendar days from the date of the Order's receipt.


6.5. The Customer is aware that the materials offered by the Contractor for the manufacture of garment may have different tensile strength, colour and density, which may affect their quality, such as size or colour. In addition, the specified characteristics of the material are affected by the wet-heat treatment that the material undergoes before use. The customer understands that a discrepancy in the size of the finished product or the colour shades of the finished product within 4 (four) percent are not a sign of poor quality of work or materials.


7. WARRANTY OBLIGATIONS



7.1. Liability for defects discovered in the Order within the warranty period are the responsibility of the Contractor.


7.2. Warranty period and terms of warranty service are established by the warranty card or other document on the Order, and in their absence are 1 (one) month from the date of delivery to the Customer.


7.3. Warranty service may be refused if:


-the manufacturer's protective signs (seals, marks) were damaged on the Order;


-the Order was repaired by organizations or persons who do not have the right / license for warranty service;


-the defects occurred due to the use of the Order for other purposes, in violation of the operation rules, storage conditions, washing, cleaning, transportation;


-the Order has visible mechanical damage;


-the disadvantages arose due to the use of non-original expendable materials (threads, buttons, elastic bands, etc.) that do not meet the requirements of operation;


-in other cases established by law.


7.4. In case of a warranty event, the Customer shall have the right to contact the Contractor by using the service interface or by any other available method.


8. REPRESENTATIONS OF CIRCUMSTANCES



8.1. The Contractor warrants that they have the right of ownership of the materials used in the performance of the work, such materials are not under arrest, prohibition, secured and do not have any other encumbrances in favour of third Parties.


8.2. The Contractor warrants that enter into this Agreement does not require the approval of governing bodies of the Contractor or other approvals or to comply with the special order of transactions in accordance with the requirements of the legislation of the Russian Federation and registration/incorporation documents of the Contractor, as this Contract is not for the Contractor transaction outside ordinary business activities.


8.3. The Customer warrants that they have the necessary legal capacity to act and legal capacity for rights to carry out their activities, to conclude and execute this Agreement.


8.4. All information and documents provided by the Parties to each other in connection with the conclusion of this Agreement are reliable. The Parties have not concealed from each other the circumstances that could, if discovered, negatively affect the decision of each of the Parties regarding the conclusion of this Agreement.


8.5. The conclusion of this Agreement does not violate any of the rights and obligations of the Parties to third Parties.


8.6. Neither Party participates in or is connected in any way with any transaction or other obligation under which it is in a situation of non-fulfillment of their obligations, or is obliged to fulfill their obligations ahead of time, or participation in which may negatively affect the ability of the Party to fulfill their obligations under this Agreement, about which the other Party has not been informed.


9. LIABILITY OF THE PARTIES



9.1. For non-performance or improper performance of their obligations set forth in this Agreement, the Parties shall be liable in accordance with the legislation of the Russian Federation and the terms of this Agreement.


9.2. In case of violation by the Contractor of the terms of start and termination of work established by this Agreement, the Customer has the right to demand from the Contractor payment of a penalty in the amount of 0.1% of the work price for each day of delay.


9.3. The risk of accidental death or accidental damage to the result of work before its acceptance by the Customer is borne by the Contractor.


9.4. The amount of the penalty collected by the Customer may not exceed the price of the work, excluding the cost of materials (20 percent of the total cost of the Order).

9.5. The Contractor shall not be liable in case of incorrect choice by the Customer of the characteristics of the Order that is the subject of the Contract; due to improper use of the Order, including loss of consumer qualities due to mechanical damage if the Customer fails to comply with the requirements and recommendations for transportation, washing, cleaning, storage and use of the Order, as well as for incorrect filling out of forms on the Service's website when placing the Order, including: providing the Customer with false information about their contact and personal data, about the composition and characteristics of the Order.


9.6. The compensatory penalty (including fine/late payment interest) under this Agreement is paid only on the basis of a reasonable written request of the Party.


9.7. The Contractor shall not be liable for improper fulfillment of the conditions for delivery of the Order to the Customer by delivery Services and other third parties.


10. FORCE MAJEURE



10.1. The Party is released from liability for partial or complete non-performance of obligations under this Agreement if it proves that proper performance was impossible due to force majeure, i.e. extraordinary, unforeseen and unavoidable circumstances that arose during the implementation of obligations under this Agreement, which could not reasonably have been expected at its conclusion, or avoided or overcome, as well as beyond the control of the Parties to this Agreement.


10.2. Force majeure circumstances include: military actions (declared or actual war), civil unrest, mass diseases (epidemics, pandemics, etc.), strikes, blockades, natural disasters (earthquake, flood, hurricane, etc.), fire, acts of terrorism, sabotage, restrictions on transportation, restrictive measures of states, prohibition of trade operations, including those with individual countries, due to the adoption of international sanctions, as well as the shutdown of data centers located on the territory of the Russian Federation from the global Internet and the block of servers or connections from the supervisory authorities.


10.3. The force majeure does not include, in particular, business risks, such as breach of duties of debtor's counterparties, the absence of necessary Orders on the market needed for execution of liability of Orders, the absence of necessary funds of the debtor, as well as financial and economic crisis, modifications of exchange rate, devaluation of the national currency, the criminal actions of unidentified persons.


10.4. In the event of force majeure circumstances specified in this Chapter, each Party must immediately notify the other Party in writing, including by sending a message by e-mail or any messenger. The notification must contain data on the nature of the circumstances, as well as official documents certifying the existence of these circumstances and, if possible, giving an assessment of their impact on the ability of the Party to fulfill its obligations under this Agreement.


10.5. In cases of force majeure applied in this Chapter, the term of performance of the Party's obligations under this Agreement is postponed in proportion to the time during which these circumstances and their consequences apply, if such a change in the terms is possible and/or appropriate.


10.6. If a Party fails to send or does not promptly send the notice applied in this Chapter, it is obliged to compensate the other Party for the losses incurred by it.


10.7. In case if it is impossible and/or impractical for a Party to change the terms of performance of its obligations under this Agreement, or if the force majeure circumstances and their consequences continue to apply for more than 2 (two) months, the Party has the right to refuse to perform this Agreement with reference to the inability to perform obligations from the Agreement due to force majeure, if additional negotiations to identify acceptable alternative ways of performing this Agreement have not resulted positively. The initiating Party shall notify the other Party of the refusal to perform the obligations from the Agreement within a reasonable time, but on or before 45 (forty-five) calendar days prior to the date of performance of the obligations.


10.8. If a Party refuses to perform this Agreement with reference to the impossibility of its execution due to force majeure, neither Party will have the right to demand compensatory payments from the other Party for possible or existing losses.


11. PRIVACY policy



11.1. The Parties are obliged to keep confidential all information transmitted to each other both via protected and unprotected channels, regardless of the presence or absence of markings indicating the status of the information will be kept confidential, except when such disclosure has occurred for reasons beyond the Parties' responsibility and with the exception of cases stipulated by the current legislation.


11.2. The disclosure of confidential information under this Agreement means an action or omission of one of the Parties of the Agreement, as a result of which confidential information becomes known to third Parties without the consent of their owner. In this case, the form of disclosure of confidential information to third Parties (oral, written, using technical means, etc.) does not matter.


11.3. It is not a violation of privacy policy to provide confidential information at the legal request of law enforcement and other authorized state bodies and officials in cases and in accordance with the procedure provided for it by applicable law, as well as to publicly indicate, orally or in writing, that one Party is a counterparty to the other Party.


11.4. In case when confidential information is disclosed to the specified authorities and / or persons, the Party that disclosed it shall notify the owner of the confidential information of the fact of its provision in writing, its content and the body to which it is provided, no later than 2 (two) working days from the date of disclosure.

11.5. Obligations related to compliance with the terms of confidentiality are valid for an unlimited period.


11.6. In case when one Party discloses confidential information received from the other Party, the guilty Party undertakes to compensate for all losses caused by this, including lost profits, within 5 (five) working days after receiving the corresponding written request from the other Party.


12. PROCESSING OF PERSONAL DATA



12.1. Acceptance of the Agreement and the use of the Service in accordance with it requires the provision, collection and / or use of a number of personal data. In particular, when providing access to the service and when using it, the Contractor gets access to and uses a number of data related to the customer – an individual or their representatives-individuals. The privacy policy regarding the Service is available at: https://hoolitruly.com/policy.


12.2. When placing an Order, the Customer, in compliance with the requirements of Federal law No.152 from 27.07.2006 "On personal data", provides the Contractor with its consent to the processing of their following personal data:


  • last name, first name and patronymic;


  • mobile phone number;


  • e-mail address;


  • postal delivery address.


for the term of this Agreement plus 10 (ten) years for the following purposes:


12.2.1. use of personal data of Customers who use the Service on their own behalf for the purpose of concluding and executing contracts with the Contractor;


12.2.2. use of personal data of customers who are individuals using the Service on behalf of an individual or legal entity represented by them for the purpose of concluding and executing contracts with the Contractor;


12.2.3. conducting marketing activities related to the conclusion and execution of contracts with the Contractor, including sending advertising and informational messages to the e-mail address and(or) notifying by messages to the mobile phone number; the Parties have agreed to consider this item as the Customer's prior consent to receive advertising in accordance with article 18 of the Federal law of 13.03.2006 No. 38 "On advertising»;


12.2.4. conducting statistical and other research on the use of the Service based on depersonalized data;


12.2.5. compliance with mandatory requirements of the legislation of the Russian Federation.


12.3. Within the framework of the consent granted, the Contractor is granted the right to perform any actions with the Customer's personal data, including, but not limited to: collection, systematization, accumulation, storage, clarification (updating, modification), use, transfer, depersonalization, blocking, destruction, transfer, including cross-border, of personal data to the Contractor's partners, a list of which is provided on the Contractor's website at: hooli-truly.com, as well as performing other necessary actions with personal data in accordance with current legislation.


12.4. Processing of the Customer's personal data is permitted using the following main methods (but not limited to them): storage, recording on electronic media and their storage, drawing up lists, marking.


12.5. Processing of the Customer's personal data under this Agreement is carried out by the Contractor without the use of automation tools, since such actions with personal data as the use, clarification, distribution, destruction of personal data in relation to the Customer are carried out with the direct participation of a person.


12.6. It is allowed to process the Customer's personal data using DPM systems (Data Protection Manager), including those owned by third Parties and provided by the Contractor on the basis of the relevant contract or agreement, providing compliance with measures to protect the confidentiality of personal data.


12.7. Processing of personal data provided by the Customer in the course of using the Service in accordance with the Agreement is carried out on the basis of paragraph 5 of part 1 of article 6 of the Federal law of 27.07.2006 No.152 "On personal data" in connection with the need to conclude and execute this Agreement, to which the Customer is a Party.


12.8. Processing of the Customer's personal data in accordance with this Agreement is carried out without notifying the authorized body for the protection of the rights of personal data subjects processing of personal data in accordance with part 2 of article 22 of the Federal law of 27.07.2006 № 152 "On personal data", since:


12.8.1. processed personal data of the Customer received by the Contractor in connection with the negotiation and execution of a Contract to which the Customer is a Party, while personal information is not distributed and not available to third Parties without the Customer's consent and used by the operator solely for the execution of the Contract and the conclusion of other treaties and agreements with the Customer;


12.8.2. the Customer's personal data received by the Contractor is processed without the use of automation tools, i.e. with the direct participation of a person, in accordance with Federal laws or other regulatory legal acts of the Russian Federation that establish requirements for ensuring the security of personal data during their processing and for observing the rights of personal data subjects.


12.9. This consent to processing of the Customer's personal data applies to any transfer of the Customer's personal data to the Contractor made prior to the provision of this consent.




13. RESOLUTION OF DISPUTES AND CLAIMS



13.1. All disputes and claims are regulated under the provisions of this Agreement, and, if not settled, in the manner prescribed by the current applicable law.


13.2. Any questions, comments and other correspondence of the Customer must be sent to the Contractor by sending an electronic message using the methods provided for it in this Agreement for the exchange of notifications, messages and documents. The Contractor is not responsible and does not guarantee a response to requests, questions, suggestions or other information sent to them in any other way.


13.3. Claims arising in connection with this Agreement are sent by the Parties to each other in the ways specified in this Agreement. The Party receiving the claim undertakes to review the claim within 10 (ten) working days, if necessary, by sending a letter stating its position in any available way, including in accordance with the agreement between the participants of electronic interaction. However, claims of a Party that cannot be identified based on the data provided to it (including anonymous claims) are not considered. If a Party does not agree with the reasons given by the other Party in the response to the claim, the procedure for its settlement is repeated. If it is impossible to resolve the claim through negotiations, the dispute is resolved in court in accordance with this Agreement and current legislation.


13.4. If a written claim is received from the Customer, the Contractor must send a written response within 10 (ten) working days from the date of its receipt.


13.5. The Customer and the Contractor agree that if it is impossible to resolve disputes arising in connection with this Agreement, such disputes shall be resolved by the Parties in the Moscow city court in accordance with the norms of Russian law.


14. AGREEMENT BETWEEN PARTICIPANTS OF ELECTRONIC INTERACTION



14.1. The rules given in this section are an agreement between the Parties to this Agreement, as between participants (parties) of electronic interaction in accordance with article 6 of the Federal law of 06.04.2011 N 63 "On electronic signature", which establishes cases of recognition of electronic documents (including primary accounting documents) signed with a simple electronic signature as equivalent to documents on paper signed with a handwritten signature.

14.2. Information in electronic form as an electronic document or electronic message by one Party to the other Party has legal force only if it is either sent to the appropriate e-mail address of the receiving side from the e-mail address of the sending Party specified in this Agreement or is directed to the other Party through collaboration software, or sent to another Party via a messenger.


14.3. For purposes of this Agreement information in the electronic form, directed to a Party with its e-mail address on the e-mail address of the other Party is considered to be signed by a simple electronic signature in the e-mail address (login), which is contained in the electronic message, a key of a simple electronic signature (a pair of a username and a password) shall be applied in accordance with the rules established by the service provider's e-mail, and electronic message contains information indicating the Party on whose behalf the e-mail was sent.


14.4. For purposes of this Agreement information in electronic form, sent by one Party to the other Party via messenger is considered to be signed by a simple electronic signature in the form of an identifier of the sending Party in the messenger, which is contained in the electronic message, a key of a simple electronic signature (a pair of a username and a password) shall be applied in accordance with the rules established by the operator of the messenger, and electronic message contains information indicating the Party on whose behalf the e-mail was sent.


14.5. For the purposes of this Agreement, information in electronic form sent by one Party to the other Party using the collaboration software is considered to be signed by a simple electronic signature in the form of the sending Party's identifier in the collaboration software (login), which is contained in the electronic message itself, the key of the simple electronic signature (login and password pair) is used in accordance with the rules established by the operator (owner) of the collaboration software and the electronic message contains the following information:, indicates the Party on whose behalf the email was sent.


14.6. The information in electronic form signed with a simple electronic signature of the sending Party is recognized by the Parties as an electronic document equivalent to a paper document signed with the handwritten signature of the relevant Party.


14.7. Each of the Parties undertakes to respect the confidentiality of the key of a simple electronic signature in the form of a username and password from the information system of the operator of e-mail services, a messenger, and collaboration software. In case of unauthorized access to the specified username and password, their loss or disclosure by third Parties, the Party must immediately inform the other Party and take measures to restore access and/or replace the username and password.


14.8. The use of a simple electronic signature for signing primary accounting documents in electronic form is allowed until the adoption in compliance with paragraph 4 of part 3 of article 21 of the Federal law of 06.12.2011 N402 "On accounting" of the relevant Federal accounting standard, which will establish the types of electronic signatures used for signing accounting documents. In case when the relevant accounting standard prohibits the use of a simple electronic signature for signing primary accounting documents in electronic form, the specified section of the Agreement ceases to apply in terms of signing primary accounting documents without terminating the Agreement as a whole.




15. FINAL PROVISIONS



15.1. Documents, notifications and messages under this Agreement, including those related to its modification or termination, may be sent either in writing in the form of a paper document, or in electronic form in accordance with the agreement between the participants of electronic interaction. In particular, by sending an e-mail message to the appropriate e-mail address, by sending an email message via a messenger, or by exchanging messages through collaboration software.


15.2. Any document, notification or message in writing, if sent in the form of a paper document, shall have legal effect only if it is sent by one of the Parties to the other Party at the address specified in this Agreement. A document, notification, or message may be delivered in person or sent by registered letter and will be considered received:


  • if delivered in person - on the date of delivery;


  • if sent by a registered letter – on the date specified in the receipt confirming the delivery of the corresponding postal item by the communication organization.


15.3. The current version of this Agreement and, accordingly, the offer to conclude the Agreement are posted on the Service's website at: https://hoolitruly.com/dogovor-oferta.


15.4. The Contractor reserves the right to unilaterally and without prior notice to the Customer change the terms of the Agreement and, accordingly, the Offer to conclude the Agreement, by posting the final version of the Agreement on the website at the above address 10 (ten) days before the changes take effect. The provisions of the new version of the Agreement become binding on all newly concluded Customers from the date of its entry into force. Orders made during the period of validity of the previous version of the Agreement are subject to the terms of the previous version of the Agreement.


15.5. Assignment of rights (claims) under this Agreement is not allowed, except if a new Party replaces the current Party under this Agreement due to the reorganization of the legal entity in the form of transformation, consolidation or merger.


15.6. In case of bankruptcy, reorganization, succession, change of address, current account, or other details affecting the proper performance of the Agreement, the Parties shall notify each other within five (5) days of the occurrence of these circumstances. In this case, the conclusion of any additional agreement to this Agreement between the Parties is not required.


15.7. Governing law, which is subject to implementation of this Agreement, is the law of the Russian Federation.





16. CONTRACTOR'S ADDRESS AND DETAILS

ST ILYA A. ZHMAKIN
PSRNSP 320774600346560, TIN 773703011446
109012, Nikolskaya St. 17 cor.1.
Email: info@hoolitruly.com