Public Offer to Enter into a Services Agreement

1. General provisions

1.1. Performing the actions stated in this Offer confirms both Parties’ consent to conclude a Services Agreement on the terms, in the manner and to the extent set out in this Offer.

1.2. The text of this Public Offer below is the Contractor’s official public proposal addressed to an indefinite circle of persons to conclude a Services Agreement in accordance with Article 437(2) of the Civil Code of the Russian Federation.

1.3. The Services Agreement is deemed concluded and takes effect from the moment the Customer accepts this Offer in the manner set out in section 3 of this Offer and means full and unconditional acceptance of all terms of this Offer without any exclusions or limitations on adhesion terms (Article 428 of the Civil Code of the Russian Federation).

1.4. Only the Russian version of this Offer has legal effect; other languages available on the site are merely translations from Russian prepared by the site owner. In disputes, the Russian version of the document takes priority. The current version is published at: https://shynkovski.ru/offer.

1.5. Processing of the Customer’s personal data is carried out in accordance with the Personal Data Processing Policy: https://shynkovski.ru/privacy.

2. Terms and definitions

2.1. The following terms and definitions are used in this Offer:

• Agreement — the text of this Offer with Annexes forming an integral part of this Offer, accepted by the Customer by performing the actions provided in section 3 of this Offer;
• Acceptance — the Customer’s full and unconditional acceptance of the terms of this Offer by performing the actions specified in clause 3.4 of this Offer;
• Contractor’s Website on the Internet (the Site) — a set of computer programs and other information contained in an information system, access to which is provided via the Internet at the domain name and network address: https://shynkovski.ru (domain name: shynkovski.ru);
• Parties to the Agreement (the Parties) — the Contractor and the Customer;
• Service — consulting, information, IT, design, marketing and other services that the Contractor provides to the Customer under this Offer. If the Parties separately agree on creating a tangible result (for example, a layout, website, or set of materials), such result is delivered to the Customer in the agreed scope; the subject of the Agreement is not the sale or resale of goods;
• Contractor — Individual Entrepreneur Shynkovski Tomash Victorovich (INN and OGRNIP are stated in section 11 of this Offer);
• Customer — any legally capable individual, individual entrepreneur or legal entity that has accepted this Offer.

3. Subject of the Agreement

3.1. The Contractor undertakes to provide Services to the Customer, and the Customer undertakes to pay for them in the amount, manner and within the time limits established by this Agreement.

3.2. The name, scope, procedure, price and other terms of providing Services are stated on the Contractor’s Site (https://shynkovski.ru) and/or fixed in an invoice / payment link / message from the Contractor sent to the Customer via the communication channels indicated on the Site (including MAX, Yandex Telemost, VKontakte, Blink, email and others). The Contractor’s Services are generally individual in nature; the payment form on the Site is intended for paying an amount agreed by the Parties (the Customer enters the amount), not for selling a standard product “in one click” without a stated price. If a standard (fixed) Service is published on the Site, its price is shown next to the payment offer.

3.3. The Contractor provides the Services personally and remains responsible to the Customer for performance of obligations under the Agreement. This Agreement is not a contract of sale or resale of goods and does not provide for intermediary activity, including under agency, commission or mandate contracts.

3.4. Unconditional acceptance of this Offer (the moment the Agreement is concluded) is the Customer’s performance of both of the following actions: (1) ticking the checkbox of consent to the Offer / related documents on the Site (if such a checkbox is provided by the payment or order interface) and (2) making full or partial (advance) payment for the Contractor’s Services by the selected payment method. Payment without ticking the required checkbox is not accepted by the Site interface.

3.5. Sending an application, brief or message via the Site’s communication channels by itself is not acceptance of the Offer and does not create an obligation for the Customer to pay until acceptance is completed under clause 3.4 of this Offer.

4. Rights and obligations of the Parties

4.1. Rights and obligations of the Contractor:

4.1.1. The Contractor undertakes to provide Services in accordance with this Agreement, within the time limits and scope stated in this Agreement and/or in the manner indicated on the Contractor’s Site or agreed by the Parties.

4.1.2. The Contractor undertakes to provide the Customer with access to Site sections and information necessary to receive information about the Services and to perform the Agreement, in accordance with the terms of this Agreement.

4.1.3. The Contractor is responsible for storing and processing the Customer’s personal data, ensures confidentiality of such data and uses them solely for high-quality provision of Services to the Customer.

4.1.4. The Contractor may unilaterally amend the terms of this Offer. New terms take effect from the moment of publication on the Site and apply only to newly concluded Agreements (pursuant to clause 4.1.5). Changing time limits and other material terms of providing Services under already paid (accepted) orders is allowed by agreement of the Parties, including by electronic correspondence via the channels stated in clause 3.2.

4.1.5. New / amended terms stated on the Site apply only to newly concluded Agreements.

4.2. Rights and obligations of the Customer:

4.2.1. The Customer must provide accurate information about themselves when receiving the relevant Services.

4.2.2. The Customer undertakes not to reproduce, repeat, copy, sell, or otherwise use for any purposes information and materials that became available to them in connection with the provision of Services, except for personal use by the Customer themselves without granting access in any form to any third parties.

4.2.3. The Customer undertakes to accept the Services provided by the Contractor.

4.2.4. The Customer may require the Contractor to refund amounts for services not provided, services of improper quality, services provided in breach of time limits, and may refuse services on grounds provided by the applicable laws of the Russian Federation, in the manner set out in section 12 of this Offer.

4.2.5. The Customer warrants that all terms of the Agreement are clear; the Customer accepts the terms without reservations and in full.

5. Price and settlement procedure

5.1. The price of specific Services is stated on the Contractor’s Site (https://shynkovski.ru) or fixed by the Contractor in a payment invoice (payment link / amount due) sent to the Customer via agreed communication channels, or entered by the Customer in the Site payment form as an amount previously agreed by the Parties. Payment of such invoice (link) / confirmation of the amount in the payment form confirms agreement on the price of the Services.

5.2. All settlements under the Agreement are made by non-cash means.

5.3. Payment for Services may be made via payment forms and links on the Site, by bank transfer to the Contractor’s settlement account using the details stated on the Site, via internet acquiring of Joint Stock Company “TBank” (JSC “TBank”, INN 7710140679) with credit to the Contractor’s settlement account, and by other methods indicated by the Contractor.

5.4. The moment of payment is the receipt of funds on the Contractor’s settlement account or confirmation of a successful transaction by the payment service / acquiring bank.

5.5. The Contractor does not collect or store full bank card details of the Customer. Payment data are entered on secure pages of payment services and acquiring banks.

5.6. When making settlements, the Contractor ensures that an electronic receipt is sent to the Customer at the email address specified by the Customer when arranging payment: while the Contractor applies the special tax regime “Professional Income Tax” (NPD) — in the form of an electronic receipt generated in accordance with Federal Law No. 422-FZ of 27 November 2018; if the Contractor switches to another taxation system — in the form of a cash receipt generated in accordance with Federal Law No. 54-FZ of 22 May 2003 (where use of cash register equipment and sending a cash receipt are mandatory for the relevant settlement method).

5.7. The Contractor independently monitors compliance with NPD special tax regime limits (including the statutory income cap). If the right to apply NPD is lost, the Contractor ensures performance of cash-register and receipt obligations under Federal Law No. 54-FZ of 22 May 2003 (where mandatory for the relevant settlement method).

6. Confidentiality and security

6.1. When performing this Agreement, the Parties ensure confidentiality and security of personal data in accordance with the current version of Federal Law No. 152-FZ of 27 July 2006 “On Personal Data” and Federal Law No. 149-FZ of 27 July 2006 “On Information, Information Technologies and Protection of Information”.

6.2. The Parties undertake to keep confidential the information obtained in the course of performing this Agreement and to take all possible measures to protect the obtained information from disclosure.

6.3. Confidential information means any information transferred by the Contractor and the Customer in the course of performing the Agreement and subject to protection; exceptions are stated below.

6.4. Such information may be contained in local regulations, contracts, letters, reports, analytical materials, research results, diagrams, charts, specifications and other documents provided to the Contractor, whether on paper or electronic media.

6.5. Confidentiality restrictions do not affect the Contractor’s right to use anonymized or expressly approved textual and graphic results of Services performed under the Agreement (design layouts, screenshots of created websites, general performance indicators of marketing campaigns without personal data of the Customer and their clients) in the commercial portfolio on the Site and in the Contractor’s social networks / channels for demonstration purposes, unless otherwise expressly agreed by the Parties in writing when placing the order.

7. Force majeure

7.1. The Parties are released from liability for non-performance or improper performance of obligations under the Agreement if proper performance became impossible due to force majeure, that is, extraordinary and unavoidable circumstances under the given conditions, including: prohibitory acts of authorities, epidemics, blockade, embargo, earthquakes, floods, fires or other natural disasters.

7.2. If such circumstances occur, a Party must notify the other Party within 5 (five) business days.

7.3. A document issued by an authorized state body is sufficient confirmation of the existence and duration of force majeure.

7.4. If force majeure continues for more than 60 (sixty) business days, each Party may unilaterally withdraw from this Agreement.

8. Liability of the Parties

8.1. In case of non-performance and/or improper performance of their obligations under the Agreement, the Parties are liable in accordance with the terms of this Offer.

8.2. The Contractor is not liable for non-performance and/or improper performance of obligations under the Agreement if such non-performance and/or improper performance occurred due to the Customer’s fault.

8.3. A Party that has not performed or has improperly performed obligations under the Agreement must compensate the other Party for real losses caused by such breaches. The aggregate amount of the Contractor’s liability under the Agreement (including losses, penalties and fines, where applicable) is limited to the amount actually paid by the Customer to the Contractor for the current order (assignment) giving rise to the dispute, except where otherwise expressly provided by mandatory rules of the laws of the Russian Federation.

8.4. The Contractor’s Services (including consultations, business-idea reviews, mentoring and related information services) are procedural and recommendatory in nature. The Contractor does not guarantee commercial success of the Customer’s projects, profit, client acquisition, product launch or any other specific business result. The Contractor’s obligations are deemed fully performed at the moment the Service is provided in the agreed scope (including holding an oral and/or written consultation / review), unless otherwise expressly agreed by the Parties in writing.

9. Term of this Offer

9.1. The Offer takes effect from the moment it is published on the Contractor’s Site and remains in force until withdrawn by the Contractor.

9.2. The Contractor may amend the terms of the Offer and/or withdraw the Offer at any time at its discretion. Information about amendment or withdrawal of the Offer is brought to the attention of interested persons by publishing the current version on the Contractor’s Site; additionally, the Contractor may send a notice to the email or postal address specified by the Customer.

9.3. The Agreement takes effect from the moment the Customer Accepts the Offer terms and remains in force until the Parties fully perform their obligations under the Agreement.

10. Additional terms

10.1. The Agreement, its conclusion and performance are governed by the applicable laws of the Russian Federation. All matters not regulated by this Offer or regulated incompletely are governed by the substantive law of the Russian Federation.

10.2. If a dispute arises between the Parties in the course of performing their obligations under the Agreement concluded on the terms of this Offer, the Parties seek to resolve the dispute amicably before commencing court proceedings.

10.3. Court proceedings are conducted in accordance with the laws of the Russian Federation.

10.4. Disputes or disagreements on which the Parties have not reached agreement are resolved in accordance with the laws of the Russian Federation. For Customers that are individual entrepreneurs or legal entities, a pre-trial claim procedure is mandatory (response time to a claim — 10 business days from receipt). For Customers who are individuals and not individual entrepreneurs, the pre-trial procedure is recommended and does not limit the right to go to court under consumer protection legislation.

10.5. The Parties designate Russian as the language of the Agreement concluded on the terms of this Offer, and as the language used in any interaction of the Parties (including correspondence, requests / notices / clarifications, provision of documents, etc.).

10.6. All documents to be provided under this Offer must be drawn up in Russian or have a Russian translation certified in the established manner.

10.7. Inaction by one Party in the event of a breach of this Offer does not deprive the interested Party of the right to protect its interests later, and does not mean a waiver of rights if one of the Parties commits similar or comparable breaches in the future.

10.8. If the Contractor’s Site contains links to other websites and third-party materials, such links are provided solely for information, and the Contractor has no control over the content of such sites or materials. The Contractor is not liable for any loss or damage that may arise from use of such links.

11. Contractor details

11.1. Full name: Individual Entrepreneur Shynkovski Tomash Victorovich.

11.2. INN: 503128601163.

11.3. OGRNIP: 325774600432613.

11.4. Legal address: 109651, Россия, г. Москва, р-н Марьино, ул. Донецкая, д. 13, кв. 268.

11.5. Contact phone: +7 (995) 104-29-54.

11.6. Contact email: tomash@shynkovski.ru.

11.7. Website: https://shynkovski.ru.

11.8. Claims and other written requests may be sent by email to tomash@shynkovski.ru (subject “Written request” or “Claim”) or by registered mail to the Contractor’s legal address. Replies to electronic requests are provided electronically.

12. Refunds and refusal of services

12.1. The Customer may refuse Services and/or request a refund in the cases and manner provided by the consumer protection laws of the Russian Federation and this Offer.

12.2. Grounds for a refund:

• the Service was not provided due to the Contractor’s fault;
• the Service was provided of improper quality;
• the Service was provided with a material breach of agreed time limits;
• the Customer refused the Service — to the extent permitted by law, subject to clause 12.9 of this Offer;
• other cases expressly provided by the laws of the Russian Federation.

12.3. A refund or refusal request is sent to the Contractor’s email: tomash@shynkovski.ru with the subject “Refund” or “Refusal of services”.

12.4. The request must state: full name (name) of the Customer; date and method of payment; amount; ground for refund or refusal; refund details (if needed); contact email and/or phone.

12.5. The request review period is up to 10 (ten) calendar days from receipt of the full set of information. The Contractor notifies the Customer of the result at the email address stated in the request.

12.6. If the request is granted, funds are returned by the same method used for payment, unless otherwise agreed by the Parties, within the time limits established by the laws of the Russian Federation and the rules of the payment service / bank.

12.7. A refund is not made if the Service was properly provided in full and within the agreed time, and in other cases where refusal of a refund is permitted by the laws of the Russian Federation.

12.8. For refund and refusal questions: tomash@shynkovski.ru, phone +7 (995) 104-29-54.

12.9. If an individual Customer (consumer) unilaterally withdraws from the Agreement (refuses the Services) before Services begin, the Contractor returns the advance payment in full. If Services have been partly provided by the refusal date, the Contractor returns the advance less the cost of Services actually provided (completed stages) and other documented third-party expenses directly related to performing the Agreement (for example, contractor work paid at the Customer’s request), to the extent permitted by Russian consumer protection law. Acquiring bank / payment service fees are not withheld from an individual Customer (consumer). For Customers that are legal entities or individual entrepreneurs, refund terms agreed by the Parties and permitted by Russian law apply.