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Service Agreement (Public Offer)
1. General provisions
1.1. This public agreement (hereinafter the “Offer” or the “Agreement”) is an official offer made by the Website Administration of eng.homkahomes.com (hereinafter referred to as the “Service Provider”) to provide Services by means of the software and information databases of the Website to individuals recognized as “Clients” under the terms of this Offer.
1.2. The Service Provider and the Client are hereinafter jointly referred to as the “Parties.”
1.3. In accordance with Article 437(2) of the Civil Code of the Russian Federation, this document constitutes a public Offer, and if the terms set forth below are accepted and the Service Provider’s services are paid for, the person who accepts this Offer becomes the Client.
1.4. In accordance with Article 438(1) of the Civil Code of the Russian Federation, acceptance must be full and unconditional.
1.5. In accordance with Article 438(3) of the Civil Code of the Russian Federation, actions taken by a person who has received the Offer, within the time period established for its acceptance and aimed at fulfilling the terms of the Agreement, shall be deemed acceptance of this public Offer.
1.6. The Service Provider and the Client mutually represent and warrant that they have the legal capacity and authority necessary to enter into and perform this Agreement.
1.2. The Service Provider and the Client are hereinafter jointly referred to as the “Parties.”
1.3. In accordance with Article 437(2) of the Civil Code of the Russian Federation, this document constitutes a public Offer, and if the terms set forth below are accepted and the Service Provider’s services are paid for, the person who accepts this Offer becomes the Client.
1.4. In accordance with Article 438(1) of the Civil Code of the Russian Federation, acceptance must be full and unconditional.
1.5. In accordance with Article 438(3) of the Civil Code of the Russian Federation, actions taken by a person who has received the Offer, within the time period established for its acceptance and aimed at fulfilling the terms of the Agreement, shall be deemed acceptance of this public Offer.
1.6. The Service Provider and the Client mutually represent and warrant that they have the legal capacity and authority necessary to enter into and perform this Agreement.
2. Definitions and terms
2.1. For the purposes of this Offer, the following terms shall have the meanings set out below:
Offer
This public Service Agreement.
Website
The website eng.homkahomes.com, where this Offer is published.
Services
The services provided by the Service Provider, the content and conditions of which are specified on the Website and which the Client intends to receive.
Acceptance of the Offer
Full and unconditional acceptance of this public Offer by taking actions to receive the Services and making payment for them by bank transfer to the Service Provider’s account details specified on the Website.
Client
An individual who has accepted this Offer on the terms set forth herein.
Agreement
This agreement between the Client and the Service Provider for the provision of Services, concluded by acceptance of this Offer.
Offer
This public Service Agreement.
Website
The website eng.homkahomes.com, where this Offer is published.
Services
The services provided by the Service Provider, the content and conditions of which are specified on the Website and which the Client intends to receive.
Acceptance of the Offer
Full and unconditional acceptance of this public Offer by taking actions to receive the Services and making payment for them by bank transfer to the Service Provider’s account details specified on the Website.
Client
An individual who has accepted this Offer on the terms set forth herein.
Agreement
This agreement between the Client and the Service Provider for the provision of Services, concluded by acceptance of this Offer.
3. Subject of the Offer
3.1. The subject of this Offer is the provision of Services to the Client by the Service Provider in accordance with the terms of this Offer.
3.2. The price of the Services is indicated on the Website.
3.3. The Agreement for the provision of Services shall be deemed concluded from the moment the funds are credited to the Service Provider’s bank account.
3.2. The price of the Services is indicated on the Website.
3.3. The Agreement for the provision of Services shall be deemed concluded from the moment the funds are credited to the Service Provider’s bank account.
4. Terms of service provision
4.1. The Service Provider shall provide the Client with the Services subject to payment in the amount, manner, and within the time limits specified on this Website.
4.2. Payment for the Services shall be made by the Client by transferring funds to the Service Provider’s bank account using the specified payment details.
4.3. If, for any reason, the Client does not obtain access to the paid Services, the Client must contact the Service Provider’s support service.
4.4. Upon performance, this Agreement shall also serve as a certificate of rendered Services. Acceptance of the rendered Services shall be carried out by the Client without signing a separate acceptance certificate.
4.5. The Service Provider reserves the right to terminate the provision of Services to the Client without refund if the Client violates the established rules of conduct in connection with the provision of the Services. Such violations include, in particular, dissemination of advertising messages and spam, obscene language, dissemination of knowingly false information, and any other actions that violate the laws of the Russian Federation.
4.6. The Service Provider reserves the right to terminate the provision of Services to the Client without refund if it is established that the Client has transferred to third parties the data necessary for receiving the Services.
4.2. Payment for the Services shall be made by the Client by transferring funds to the Service Provider’s bank account using the specified payment details.
4.3. If, for any reason, the Client does not obtain access to the paid Services, the Client must contact the Service Provider’s support service.
4.4. Upon performance, this Agreement shall also serve as a certificate of rendered Services. Acceptance of the rendered Services shall be carried out by the Client without signing a separate acceptance certificate.
4.5. The Service Provider reserves the right to terminate the provision of Services to the Client without refund if the Client violates the established rules of conduct in connection with the provision of the Services. Such violations include, in particular, dissemination of advertising messages and spam, obscene language, dissemination of knowingly false information, and any other actions that violate the laws of the Russian Federation.
4.6. The Service Provider reserves the right to terminate the provision of Services to the Client without refund if it is established that the Client has transferred to third parties the data necessary for receiving the Services.
5. Client registration on the Website
5.1. Provision of Services to the Client is possible only if the Client creates a relevant account on the Website.
5.2. The Client shall be responsible for maintaining the confidentiality of the password and must not disclose it to any third parties.
5.3. If the Client discovers unauthorized access to their account, the Client must notify the Service Provider’s support service as soon as possible.
5.2. The Client shall be responsible for maintaining the confidentiality of the password and must not disclose it to any third parties.
5.3. If the Client discovers unauthorized access to their account, the Client must notify the Service Provider’s support service as soon as possible.
6. Rights and obligations of the Service Provider
6.1. The Service Provider shall grant the Client access to the sections of the Website necessary for receiving the ordered and paid Services through the Client’s account.
6.2. The Service Provider shall be responsible for storing and processing the Client’s personal data, shall ensure the confidentiality of such data, and shall use it solely for the proper provision of Services to the Client.
6.3. The Service Provider reserves the right to change the period of service provision and the terms of this Offer unilaterally without prior notice to the Client by publishing such changes on the Website. New or amended terms published on the Website shall apply only to newly concluded Agreements.
6.4. The Service Provider shall have the right to block the Client’s account in the event of the Client’s violation of the rules governing the use of the Services (clauses 4.5 and 4.6) without refund of the fees paid.
6.2. The Service Provider shall be responsible for storing and processing the Client’s personal data, shall ensure the confidentiality of such data, and shall use it solely for the proper provision of Services to the Client.
6.3. The Service Provider reserves the right to change the period of service provision and the terms of this Offer unilaterally without prior notice to the Client by publishing such changes on the Website. New or amended terms published on the Website shall apply only to newly concluded Agreements.
6.4. The Service Provider shall have the right to block the Client’s account in the event of the Client’s violation of the rules governing the use of the Services (clauses 4.5 and 4.6) without refund of the fees paid.
7. Rights and obligations of the Client
7.1. The Client shall provide accurate information about themselves when receiving the relevant Services.
7.2. The Client undertakes not to reproduce, duplicate, copy, sell, or otherwise use for any purpose any information or materials made available to them in connection with the provision of the Services, except for the Client’s personal use without granting access in any form to any third parties.
7.2. The Client undertakes not to reproduce, duplicate, copy, sell, or otherwise use for any purpose any information or materials made available to them in connection with the provision of the Services, except for the Client’s personal use without granting access in any form to any third parties.
8. Liability of the Service Provider. Claims procedure
8.1. For non-performance or improper performance of obligations under this Offer, the Parties shall be liable in accordance with the laws of the Russian Federation.
8.2. The Service Provider shall not be liable for failure to provide or improper provision of the Services for reasons beyond its control.
8.3. If the Client has paid for the Services but, for reasons beyond the Service Provider’s control, has not used them, no refund shall be made.
8.4. All claims regarding the quality of the Services provided, including any claims requesting a refund, must be submitted by the Client to the Service Provider’s support service. The period for reviewing the Client’s claim shall be 30 (thirty) calendar days from the date the claim is received by the Service Provider.
8.5. Taking into account the nature of the Services provided, the Service Provider and the Client agree that in the event of disputes and disagreements related to the provision of the Services, they shall use a pre-trial dispute resolution procedure, including negotiations and correspondence. If the dispute cannot be resolved out of court, the Parties shall be entitled to refer the dispute to the court at the Service Provider’s location.
8.2. The Service Provider shall not be liable for failure to provide or improper provision of the Services for reasons beyond its control.
8.3. If the Client has paid for the Services but, for reasons beyond the Service Provider’s control, has not used them, no refund shall be made.
8.4. All claims regarding the quality of the Services provided, including any claims requesting a refund, must be submitted by the Client to the Service Provider’s support service. The period for reviewing the Client’s claim shall be 30 (thirty) calendar days from the date the claim is received by the Service Provider.
8.5. Taking into account the nature of the Services provided, the Service Provider and the Client agree that in the event of disputes and disagreements related to the provision of the Services, they shall use a pre-trial dispute resolution procedure, including negotiations and correspondence. If the dispute cannot be resolved out of court, the Parties shall be entitled to refer the dispute to the court at the Service Provider’s location.
9. Term of the Offer. Final provisions
9.1. This Offer shall enter into force from the moment it is published on the Website on the Internet and shall remain in effect until it is withdrawn or amended by the Service Provider.