This document is an offer (Offer) of Limited Liability Company "Delta Cosmetics", hereinafter referred to as "Amega" to provide paid services (hereinafter - Services) related to the promotion on the website https://www.amegaline.ru/index.php/ru/ (hereinafter referred to as "www.amegaline.ru") offers of www.amegaline.ru users to sell, purchase, use goods/services (hereinafter referred to as "Ads") with any legally capable person (hereinafter referred to as "User"), on the terms specified below. If the User accepts the offer, he shall be deemed to have entered into an agreement with the Company to provide the Services on the terms and conditions provided herein (hereinafter referred to as the "Agreement").
1. General Provisions
1.1 The subject of the Agreement is paid services provided by Amega to the User to promote the Announcement at www.amegaline.ru.
1.2 The provision of Services to the User aims to make the User's Announcement more visible to other Users.
1.3 An integral part of this Agreement is the User Agreement posted on the Internet at the following address: https://www.www.amegaline.ru/index.php/ru/terms-of-use. The said User Agreement is mandatory and shall be enforced by both Parties to this Agreement. 1.4.
1.4 The terms contained in this Agreement shall be interpreted in accordance with paragraph 1 of the User Agreement specified in paragraph 1.3 of this Agreement.
1.5 In the event that the provisions of the User Agreement specified in clause 1.3 do not comply with the provisions of this Agreement, this Agreement shall apply.
1.6 The current version of this Agreement is available on the Internet at the following address: https://www.www.amegaline.ru/index.php/ru/offer.
2. Procedure of services rendering
2.1 Services under this Agreement are provided by Amega by ordering them through the Personal Office.
In order to manage the placement and promotion of advertisements through the personal office, the User shall go through the process of registration on the Internet site located at: https://www.www.amegaline.ru/index.php/ru/. Registration is a set of actions of the User, including filling in a special registration form by the User.
2.2 Promotion of the Announcement shall be performed by the User's selection of a certain type of service at www.amegaline.ru:
- service "Placing in the Premium section";
- service "Raising Ads in search";
- "Ad highlighting" service.
Types of services available to the User, as well as their description, cost, conditions and procedure for their provision are available on the Internet at the following address: https://www.www.amegaline.ru/index.php/ru/category-blog-2-columns.
2.3 A condition for providing services under this Agreement is that the User makes an advance payment of 100% as set forth in Section 3 of this Agreement.
2.4 Performing the Amega service is carried out by activating the service in respect of the Ad chosen by the User in the manner specified in the description of the relevant service.
2.5 If within five calendar days Amega has not received from the User motivated claims regarding the provision of services under this Agreement, the services are considered to be properly provided by Amega.
2.6 If Amega receives from the User motivated objections regarding the quality (or other parameters) of the services provided, Amega has the right to provide the User with additional services related to the placement and/or promotion of ads or, as agreed by the Parties, to compensate in another way.
3. Calculations
3.1 The cost of services under the Agreement is determined by Amega unilaterally and is specified at www.amegaline.ru.
3.2 Services under the Agreement are provided to the User on conditions of prepayment: the User makes an advance payment of 100% of the total cost of the services ordered.
3.3 Payments between the Parties shall be made through the electronic payment system Sberbank by cashless payment using the payment methods offered at www.amegaline.ru. As agreed by the Parties, settlements may be performed in any other way not prohibited by the current legislation. 3.4.
3.4. Amega's obligations to pay for the services under the Agreement shall be deemed to have been fulfilled at the moment the funds are credited to Amega's account in the Sberbank payment system. The received funds shall be automatically recorded in the User's myAlpari as Bonuses, which the User can later use to pay for the Services at www.amegaline.ru.
3.5 If the User has paid for promotion of an Ad and the promotion has been applied to the Ad, but the Ad does not pass moderation or is blocked or rejected in accordance with the User Agreement stated in paragraph 1.3 of this Agreement, the service is considered provided and the money paid under the Agreement shall not be returned to the User.
4. Termination of contract
The contract may be terminated:
By agreement of the Parties at any time.
On the initiative of either Party in case of breach of the terms and conditions of the Contract by the other Party, subject to written notice to the other Party by e-mail.
5. Circumstances of insuperable force
5.1 The Parties shall be exempted from liability to each other for partial or full non-fulfillment of their obligations under this Agreement in cases specified by the legislation, in particular in case of occurrence of force majeure circumstances (force majeure), i.e. extraordinary and unavoidable at the moment of Parties' fulfillment of their obligations under this Agreement.
5.2 The above (force majeure) circumstances include the following events: natural disasters (earthquakes, floods, fires, snow drifts, etc.), strikes, sabotage, prohibitive and restrictive measures of public authorities, as well as others recognized as such by the arbitration court.
5.3 The Parties notify each other of the occurrence of force majeure circumstances within 10 days of their occurrence. The fact of occurrence of force majeure circumstances must be documented by authorized public authorities. The certifying document shall be attached to the written notice sent to the email address specified by the User in myAlpari. In the absence of notification (as well as in the case of delayed notification), the Party receiving them shall have the right to disregard the occurrence of force majeure when filing claims (lawsuits) against the other Party in connection with improper performance of the terms of the Agreement.
5.4 In this case the term of performance of obligations under the Contract, in the absence of objections from the other Party, may be postponed for the period of force majeure circumstances, but not more than 2 months.
6. Amendment of the Agreement
6.1 Amega has the right to unilaterally amend the terms of this Agreement at any time.
6.2 The new version of the Agreement shall enter into force and become effective at the moment of posting the Agreement or amendments thereto on the Internet at the address specified in clause 1.6 of this Agreement, unless otherwise provided in the new version of the Agreement or specified additionally when it is posted at the above address.
6.3 The User shall be deemed to have been notified of amendments to the Agreement from the moment the new version of the Agreement or amendments to it are posted on the Internet in the manner specified in clause 6.2 of the Agreement.
7. Applicable Law and Dispute Resolution
7.1 This Agreement shall be governed by and construed in accordance with the laws of the Russian Federation. Issues not regulated by this Agreement shall be resolved in accordance with the laws of the Russian Federation.
7.2 All disputes and disagreements which may arise under this Agreement and/or in connection with its performance shall be resolved in accordance with the claim procedure.
7.3. In the event of failure to reach an agreement in the claim procedure, the dispute shall be resolved in the Arbitration Court of the City of Moscow in the manner prescribed by the applicable laws of the Russian Federation.
8. Other Terms and Conditions
8.1 Amega does not guarantee the absence of errors or failures in the placement and promotion of Announcements, including with respect to the operation of the software.
At the same time, Amega undertakes to use its best efforts to eliminate failures and errors arising in the operation of the Announcement as circumstances depend on Amega.
8.2 Amega has the right to temporarily suspend the provision of services to the User under the Agreement for technical, technological or other reasons preventing the provision of services, while such reasons are eliminated.
8.3 Amega has the right to unilaterally and extrajudicially suspend and/or terminate the provision of services under the Agreement by notice to the User if the User has breached obligations and/or guarantees undertaken pursuant to the Agreement.
8.4 Aggregate amount of responsibility of Ameg under this Agreement including the amount of penalties (fines and penalties) and/or compensable losses under any claim or complaint regarding this Agreement or its performance shall be limited by 100% of the cost of the Services under this Agreement paid by the User and may not exceed 10,000 roubles.
8.5 The Agreement shall be considered concluded from the moment of acceptance of the offer by the User and shall be valid for 1 year.
9. Acceptance of the Offer and entering into the Agreement
9.1 The User accepts the Offer when passing the registration procedure in accordance with clause 2.1. of the Agreement, as well as when ticking the box "I accept the terms of the User Agreement.
9.2 Acceptance shall be complete and unconditional.
9.3 The User Agreement for provision of paid services between Amega and the User is a public contract of adhesion.
10. Validity and modification of the terms of the offer
10.1. The Offer shall bind Amega from the moment of its posting on the Internet at the address specified in clause 1.6. and shall be valid until Amega withdraws the Offer by removing the Offer from Amega's website.
10.2. Amega shall have the right to amend the terms of the Offer and/or withdraw the Offer at any time.
10.3. Changes come into force from the moment of posting the Offer or amendments thereto in the Internet at the address specified in Clause 1.6, unless otherwise provided in the Offer or specified additionally when posting it at the address specified in Clause 1.6.
11. Amega's requisites.
Delta Cosmo LLC.
