g. Tyumen January 17, 2017
Limited Liability Company Chipmedia.ru , hereinafter referred to as the Agency, represented by General Director Dmitry Alexandrovich Gupalo acting on the basis of the Charter, publishes this Service Agreement (hereinafter - the Contract), which is public contract-offer (offer) to individuals and legal entities, hereinafter referred to as the Client.
1.1. This document is an official offer of OOO Chipmedia.ru (hereinafter referred to as the Agency), to conclude an agreement on the conditions specified below. The Agreement and its annexes, which are an integral part thereof, are posted on the Internet on the official website of the Agency www.cheapmedia.ru and are obligatory provided to the Client for familiarization when ordering services and (or) sent to the Client through electronic and other forms of communication. In accordance with Article 435 of the Civil Code of the Russian Federation this document is an offer.
1.2. The contract is concluded by accepting the Agency's offer from the respondent (hereinafter referred to as the Client) who responded to the offer. Written form of the contract is considered to be complied with by virtue of Art. 434 of the Civil Code of the Russian Federation.
1.3. Full and unconditional acceptance of the offer is the implementation by the Client of the actions to fulfill the terms of the contract specified in the offer, including full or partial payment under the contract.
1.4. The offer can be withdrawn by the Agency at any time prior to its adoption.
1.5. Terms and definitions.
1.5.1. Customer is a natural or legal person interested in purchasing promotional Products of the Principals through the Agency's website, as well as third parties for whom the Client acts.
1.5.2. Agency legal entity LLC Chipmedia.ru and its representatives.
1.5.3. Website (agency website) website and services at www.cheapmedia.ru
1.5.4. Promotional Product formed a single commercial offer for the production and / or placement of a specific volume of advertising information on a certain source (for example, a video on a TV channel, a weather forecast sponsor on a radio station, an animated banner on a site, etc.). p >
1.5.5. Principal is a natural or legal person, owner or authorized representative of any advertising distributor whose advertising products are offered to the Customer on the Agency's website.
1.5.6. Personal cabinet the Customer's personal account on the site, access to which by password is only available to the Client. Contains current information about purchased and booked promotional products.
1.5.7. Advertising campaign (marketing plan) the aggregate of several promotional Products formed by the Clients on the Agency's website.
1.5.8. Production (production) is a kind of advertising product, which assumes the production (creation) of graphic, audio-video or text materials (layouts) on the basis of information provided by the Client. As a result of the production, computer files (layouts, commercials, banners, articles) are in the framework of the contract, in a format suitable for their technical parameters for the reproduction of an advertising message on the media of the advertising product.
2. Subject of the agreement
2.1. The Agency undertakes, on the instructions of the Client, to provide services for the reservation and payment of advertising products selected by the Customer, in the manner and within the terms established by the agreement, and the Client undertakes to pay for and accept these services. The Client's task and the Client's requirements for the timing of the advertising campaign with the help of promotional products are reflected in the Application for the reservation of promotional products (hereinafter referred to as the Application).
2.2. The Advertising Product that meets the Client's requirements as specified in the Application is pre-formed on the Agency's website by the Principal, information about which is contained in the annexes to the contract or in the relevant sections of the site. The Principal is the person (executor) providing direct rendering to the Client of the services entering into the advertising Product, and bears before the Client the responsibility for refusal or inadequate rendering to the Client of the services entering into the advertising Product, irrespective of whom these services should be rendered or rendered. / p>
2.3. As part of the promotional product, or the individual advertising product itself can be:
- services for the placement (demonstration) of the Client's advertising information on any media carriers (television, radio, outdoor advertising, newspapers and magazines, advertising on transport, websites, BTL, etc.);
- promotional events, consulting and marketing services;
- production, production of other advertising materials at the request of the Client
2.4. The Agency with the help of the site provides the Client with information about the composition and characteristics of the services included in the promotional Product. The services included in the advertising Product are directly rendered to the Customer by third parties by Principals, advertising agencies, sellers and other persons rendering services included in the advertising Product.
2.5. The Service of the Agency shall be deemed rendered from the moment the Customer's application for the transfer of funds to the Principals is executed for advertising Products selected by the Customer.
2.6. Under this Agreement, the Customer has the right to purchase various promotional Products unlimited number of times at different times.
2.7. Under this Agreement, the Customer agrees that the Agency has the right for marketing purposes to inform an unidentified circle of persons about the fact that the Customer uses the Agency's services, except for those data for which the concealment of personal data is mandatory.
2.8. All information provided by the Client upon registration on the Agency's website and conclusion of the agreement must be reliable. If the Customer provides inaccurate information, the display of the Client's advertising can be stopped without a refund.
2.9. Under this Agreement, the Customer agrees that the personal data provided to them by downloading copies of documents to the Agency's database through the web-interface on the site http: // www.cheapmedia.ru / or through various communication channels in order to comply with the requirements of the legislation of the Russian Federation are processed by the Agency in full, necessary for the performance of the Agreement, including the provision of access to the Client's personal data to the authorized employees of the Client. By this Agreement the Customer expresses its unconditional consent to the processing of its data by the Agency for the provision of services and services, including for the preparation and dissemination of information in various ways (in particular, on magnetic media and using telecommunications facilities) provided for by the current legislation of the Russian Federation. The processing of the personal data of the Client (the personal data subject) is understood as the Agency's actions (operations) with personal data, including collection, systematization, accumulation, storage, clarification (updating, modification), use, distribution (including transfer), depersonalization, destruction of personal data. The responsibility for providing deliberately false documents lies entirely with the Client. In case of revealing the unreliability of the data specified by the Customer, the Agency has the right to send a request to the Client with a request to confirm their data, and in case of failure to receive a response, suspend the provision of services to the Client by sending him a notification on the contact email address.
2.10. Under this Agreement, a customer who is an individual or an individual entrepreneur agrees that the personal data he provides will be stored in the Agency's database during the term of this Agreement, and within 3 (Three) years from the date of termination of the Agreement. The customer agrees to the processing of the following personal data: surname, name, patronymic; taxpayer identification number (TIN), date of birth; postal addresses (at the place of registration and for contacts); information on citizenship; number of the main document certifying the identity of the Client, information on the date of issue of the said document and the issuing authority; phone numbers; fax numbers; addresses of e-mail (E-mail). The client, being a legal entity, agrees also that the above conditions with his consent will be extended to the official representative (head) of the legal entity.
2.11. Under this agreement, the Customer agrees that the Agency has the right to engage third parties to provide services under this agreement at its own discretion. In this regard, the Customer agrees that his personal data may be transferred by the Agency to such third party in order to perform the latter services. In this case, the Customer's personal data will be transferred by the Agency to a third party solely in the amounts necessary for the performance of this Agreement.
2.12. Under the present contract, the Customer agrees that the Agency has the right to independently choose the technical and software tools, the technical platform, addresses (URL), the format of communication with the Client through telecommunications channels, including with the involvement of third parties, to provide services under this agreement. / p>
3. Rights and Obligations of the Parties
3.1. The Agency undertakes:
3.1.1. To comply with the provisions of this Agreement.
3.1.2. Provide services for booking and paying for promotional products on Customer's requests.
3.1.3. Provide advice on the booking (reservation) of promotional products on the site, by phone, using online chat and e-mail.
3.1.4. Provide the Customer with the required information, including:
- terms of placement (publication) of the Client's advertising with the help of an advertising product.
- terms of publication (publication, placement, display) of advertising;
- the requirements of the advertising Product to the information being posted (to the product and other information provided by the Customer), as well as age and other restrictions related to the place, manner and time of displaying the Client's advertising using a specific advertising Product;
- the geography of the advertising Product, the potential coverage of the audience (circulation);
- cost of placement, approximate cost of one media contact;
- payment order;
- the terms and conditions for the launch (release) of the advertising Product;
- description of the audience of the Product, its size, parameters;
By accepting the terms of this Offer Contract, the Customer confirms his knowledge of the information and the receipt of relevant materials.
3.1.5. In due time notify the Customer by e-mail or through the personal cabinet about confirmation or non-confirmation of the reservation of promotional products at the request of the Client. However, the Agency does not guarantee to the Client that the advertising products chosen by him, for which the booking is confirmed, will not be acquired by third parties for the time of payment of the invoice by the Customer and the time of execution of technical procedures for the activation of the advertising Product; in such cases the Agency together with the Principal (the proprietor of promotional Products) offers the Client a different time for advertising, or similar Products, or a monetary refund.
3.1.6. If the Agency makes changes to the Agreement, the Agency agrees to publish these changes on the website: http: // www.cheapmedia.ru The burden of the responsibility for timely acquaintance with the changes lies with the Client. Changes come into force from the moment of their publication.
3.1.7. In the event of the Customer's consent to such changes, this Agreement shall continue in effect taking into account the indicated changes.
3.1.8. In case of disagreement of the Client, he undertakes to notify the Agency thereof within 3 days, by an official letter with a notice of delivery. In this case, the Agreement ceases to be effective from the moment the changes come into force.
3.1.9. If the Agency receives an official letter after the entry into force of the amendments, the Agreement ceases to be effective from the date of receipt of the notification. The services received by the Customer from the date of introduction of the amendments to the date of receipt of the notification inclusively are rendered to the Client taking into account the introduced changes.
3.2. The agency is entitled to:
3.2.1. Refuse to perform the contract in the event of violation by the Customer of the payment procedure established by the contract, as well as in cases of failure to provide or late submission by the Customer of information, files and documents necessary for the performance of the contract or violation by the Customer of other obligations established by this agreement with application of the consequences provided for in Clause 6. of this agreement.
3.2.2 Receive from the Principal bonuses, discounts and other forms of material incentives and leave them at their disposal.
3.3. The Customer undertakes:
3.3.1. To comply with the provisions of this Agreement.
3.3.2. Provide reliable information necessary for entering into the Agency's database.
3.3.3. Pay the Agency's services promptly. In case of non-payment of advertising products for which there is a confirmed reservation, more than 2 days from the date of confirmation of the booking application, the Agency has to recover from the Client a penalty of 10% of the cost of the advertising products ordered by the Customer.
3.3.4. At the agreed time specified in each specific advertising Product, provide the Principal through the Agency the files (& production) required for starting (starting) advertising and / or information in the required format for their production.
3.3.5. Do not use the Agency's website for unauthorized actions, sending unsolicited information to third parties.
3.3.6. Provide the Agency with accurate information about its address and telephone, requisites (for legal entities) required by the Agency for prompt communication with the Client and execution of accompanying documents.
3.3.7. Observe the requirements of the legislation of the Russian Federation, including the antimonopoly legislation. Upon request of the Agency, within 3 days, provide documentary evidence of compliance with advertising requirements of the Federal Law of March 13, 2006. N 38-ФЗ about Advertising, including information on the availability of a license, on mandatory certification, on state registration.
3.3.8. Independently and at its own expense to resolve all issues of copyright and related rights to use the works in production, provided to the Agency, or in its production. In the event that claims, claims and / or claims are brought to the Principal or the Agency by third parties, including from the owners of copyright and related rights to works used in advertising, the Client independently resolves these claims, claims and / or claims at its own expense .
3.3.9. Independently monitor the current state of information about booked and purchased promotional products.
3.3.10. Independently to ensure the confidentiality of its authorization information (username and password for access to the database and to the personal account on the Agency's website) and be responsible for all actions performed using your password, bear the risk of adverse consequences associated with its loss. P >
3.3.11. To familiarize the personnel responsible for the work of the Customer's employees and interested parties with the content of the agreement and with all information provided by the Agency to the Client in the event that the Customer has concluded this agreement not only on his own behalf but also on behalf of or in the interests of others specified in the contract persons; at the same time the Customer guarantees the availability of the authority to execute the transaction in the interests of others.
3.4. The Client has the right:
3.4.1. Obtain at the conclusion of the contract information provided by the Agency in accordance with clause 2.1.2. contract.
3.4.2. To refuse to execute this agreement provided that the Agency actually pays for the expenses incurred in fulfilling its obligations under this agreement (the amount of the expenses actually incurred by the Agency depends to a large extent on the expenses of the Principal forming the advertising Product.
3.4.3. Demand compensation for damages and compensation for moral damage in the event of failure to comply with the terms of the contract in accordance with the procedure established by the legislation of the Russian Federation.
4. Cost of services and payment procedure
4.1. The cost of services is set in rubles and is determined by the tariffs for services.
4.2. The booking request is the Client's consent to pay for the service (promotional Products) at the prices valid on the day of filing such an application.
4.3. Services are rendered in the event that there is sufficient amount on the Customer's personal account to pay for the ordered services.
4.4. Refund of the balance of unused funds from the Customer's account upon termination of the Agreement or in case of presentation by the Customer of the reasons for impossibility to use the Services is made within 30 days upon the Client's written application indicating full details for the refund. The balance of funds is returned after deduction of the sums of the cost of the Services, which the Customer has used since the conclusion of the Agreement, unless otherwise specified in the contract. The Agency does not charge interest on the balance of the Customer's funds. As a general rule, the balance of funds can be returned to the Customer only on the payment instrument, with the use of which they were transferred. The exception is payment systems that do not support the return procedure.
4.5. When making a refund from the Customer's account, the Agency is entitled to request additional documents confirming the requisites and legitimacy of the payment made, as well as the Customer's identification data. If the requested documents are not provided, the Agency shall suspend the work on the Customer's request for a refund prior to receipt of the required information.
4.6. The balance of unused funds shall be returned to the Client only if at least 45 (forty-five) calendar days have elapsed since the moment of enrollment. In the event that less than the specified period has passed since the date of transfer of funds, the Agency has the right to refuse the withdrawal of funds to the Customer before the expiration of such period.
4.7. The application for the reservation of promotional products is made by the Client in his personal account on the Agency's website. The client independently selects suitable advertising products from among the offered, taking into account their cost, terms of launch and placement, other conditions.
4.8. The Agency informs the Client about the possibility of providing services for the reservation and payment of an advertising Product that meets the Client's requirements specified in the Application within 7 working days from the moment of the formation and sending of the reservation request by the Client. The Customer receives the relevant information in his / her personal account on the Agency's website or by e-mail.
Upon confirmation of the booking of the Promotional Product by the Principal, the Customer shall pay within 2 calendar days from the date of confirmation of 100% of the cost of the advertising Product (Products), taking into account the advances made.
4.9. Terms of the contract in the order of payment can be changed by agreement of the parties.
4.10. In the event that the price of the advertising product has not been paid in full, and before the full payment has been made, its cost and / or additional advertising services have increased, including, but not limited to: unanticipated change in the cost of services according to regulators' requirements, including due to changes in exchange rates in increase, introduction of new or increase of existing taxes, fees and other obligatory payments, the Client pays the additional payment specified by the Principal by transferring funds to the Agency.
4.11. The Agency confirms to the Client the possibility of selling the advertising Product on the basis of confirmation by the Principal (Confirmation of booking) in accordance with the agreements concluded between the Agency and the Principals.
4.12. In case the Principal does not confirm the possibility of realization of the advertising product selected by the Customer within a reasonable time, the Agency has the right to offer the Client another advertising Product or other time of advertising placement. In this case, in the event of a price change and other material terms of the advertising Product, its implementation takes place in accordance with an additional agreement to this Agreement.
4.13. If the Customer is not satisfied with the newly selected advertising Product, the rights and obligations of the Parties to this agreement are terminated with the subsequent return to the Client of the full value of the funds transferred to the Agency in accordance with paragraph 4.4 of the Agreement.
4.14. All types of payments under this agreement are made in Russian rubles.
4.15. Settlements between the Agency and the Customer are made by means of making the Customer funds to the cashier of the Agency, the cash desk of an authorized bank, or in a non-cash form. Money is received on the client's personal account, the balance of which is available in the personal account on the site, and already on the personal account are written off as payment for the Products ordered by the Customer to the Principals.
4.16. The obligation to pay under the contract can be executed by the Client in person, or by imposing a duty to pay to a third party. Payment under the contract by a third party confirms the acceptance of this duty. The third party has no right to refer to the lack of intention and (or) authority to make payment under the contract.
5. Correspondence of the Parties
5.1. The Parties hereto recognize the validity of the texts of documents received through communication channels on an equal basis with documents executed in simple written form. The exception to this rule is the exchange of claims for which a simple written form is required, official letters requesting changes in the administrator's identification data, the cancellation of registration, transfer / reception of domains between administrators and registrars and other official letters listed in the official documentation published on the site.
5.2. Channels of communication with the Agency in terms of this Agreement are contact numbers and e-mail addresses published on the Agency's website.
5.3. Parties assume full responsibility for the actions of employees who have access to communication channels.
5.4. The main communication channel with the Customer is the e-mail address specified by the Customer at the registration on the Agency's website and at the conclusion of the Agreement. Secondary (duplicating) channel of communication with the Client is the Customer's personal cabinet on the Agency's website. In case of receipt by e-mail of a letter or other notification from the Agency requiring a response, the Client is obliged to reply to the received letter within 2 (Two) working days from the receipt.
6. Responsibility of the Parties
6.1. For non-fulfillment or improper performance of obligations under this Agreement, the Parties shall be liable under the current legislation of the Russian Federation taking into account the conditions established by this Treaty.
6.2. The client is responsible for the reliability of the information provided to them for the purposes of the implementation of the Treaty, and the timeliness of its provision.
6.3. In case of providing unreliable information about the final recipient of the service (the final purchaser of the advertised Products by the advertiser), the Customer undertakes to reimburse all losses incurred by the Agency in connection with the provision of such information by the Customer. In the event that third parties filed lawsuits against the Agency, due to the provision of knowingly false information to the final advertiser by the Customer, the Client agrees to compensate all expenses of the Agency related to the consideration of such claim. The Agency informs that the Customer who provided knowingly false information is liable in accordance with the legislation of the Russian Federation as the person who directly ordered and paid for the service.
6.4. In the event that the Customer refuses or commits an action to deny one or more of the services included in the advertising Product during the display of advertising messages for any reason, and also if the advertising messages provided by the Product are interrupted for reasons related to the violation Customer of the RF Law on Advertising & raquo ;, or for other reasons beyond the control of the Principal and the Agency, compensation for the unused portion of the advertising time of the Product is not made.
6.5. The Agency is not liable to the Customer and does not compensate for the losses incurred due to the absence of necessary documents from the Client that allow to start displaying advertising messages (certificates and certificates for the advertised goods, certificates of ownership of the trademark, etc.) using the advertising product paid by the Customer. < / p>
6.6. The client bears responsibility for violation of the requirements of the Federal Law of March 13, 2006. N 38-ФЗ On advertising as an advertiser and advertising producer
6.7. In the event of a change or termination of the contract and / or the Customer's refusal to perform the contract and (or) the withdrawal of the Agency's services, as well as in the cases listed in the contract and (or) if the contract can not be executed due to circumstances for which neither party is responsible, The Client is obliged to reimburse the Agency for expenses incurred by the Agency in the performance of the contract, including funds transferred by the Agency to the Principals and other persons.
6.8. Untimely or incomplete payment by the Customer of funds under this contract, failure to submit the documents required by the Agency for the performance of the contract are considered by the parties as impossibility of executing the contract through the fault of the Client with the application of the consequences provided for by Part 2 of Art. 781 of the Civil Code.
6.9. Any changes and amendments to this contract are valid only if they are made in writing and signed by duly authorized representatives of the parties. Changes and additions to the contract are carried out by signing additional agreements by the parties and are drawn up in the form of annexes to the contract.
6.10. Responsibility to the Customer for non-rendering or improper provision of services included in the advertising Product provided for the Client's requirements specified in the Booking Application, regardless of who was to be provided or rendered these services, is borne by the Principal (Principals), who own the advertising Products. < / p>
6.11. If there are any comments on the quality of services provided during the display of advertising messages and listed in the Application, or comments on the actions of third parties directly providing the Customer services, the Agency recommends that the Client immediately contact the Principal and his representatives, by phone numbers indicated in the personal cabinet on the site.
6.12. In case of non-settlement of the problem on the spot, claims to the quality of the advertising product are presented by the Client to the Principal in writing within 20 days from the date of expiration of the promotional product and are subject to consideration by the Principal within 10 days from the date of receipt of the claims.
For losses caused to the Client, the Client has the right to file claims directly to the Principal.
6.13. In the event that the Customer's actions caused damage to the Agency and third parties, the Customer is liable for damages in the amounts and in the manner provided by the current legislation. The amount of actually incurred expenses is determined on the basis of data provided by the Principal.
6.14. The customer is responsible for the availability of documents and files necessary for him to start displaying the advertisement using the advertising product.
6.15. The Agency is not liable for possible failures and interruptions in the operation of the site (service) and the loss of information caused by them. The Agency shall not be liable for any damage to the Client's computer, mobile devices, any other equipment or software caused by or associated with the use of the site.
7. Force majeure circumstances
7.1. The agency is exempted from liability for partial or complete failure to fulfill obligations under this agreement, if such failure occurred due to force majeure circumstances, including earthquakes, floods, tsunamis, fire, typhoon, snowdrift, military actions, mass diseases, strikes, traffic restrictions , the prohibition of trade operations with certain countries, terrorist acts and other circumstances beyond the control of the Agency. In case of force majeure circumstances, each of the parties has the right to refuse to execute the contract with application of the consequences of clause 6. of this agreement.
8. Term of the Contract
8.1. This Agreement enters into force from the moment of conclusion and is valid until the end of the current calendar year. The contract is automatically prolonged for subsequent periods of 1 (one) calendar year, if neither of the Parties declares the termination of this Agreement no later than 30 (Thirty) calendar days before the expected date of its termination.
8.2. This Agreement may be terminated early:
8.2.1. On the initiative of either Party - in the event of insolvency (bankruptcy) of either of the Parties, or in the case provided by the Treaty.
8.2.2. Unilaterally by the Agency: if the Customer fails to fulfill the obligations assumed by him in accordance with the terms of payment; at fulfillment by the Client of technical and other actions not provided by the Contract, unauthorized by the Agency, which caused or may cause damage to the Agency, to third parties;
8.2.3. By agreement of the Parties.
9. Other conditions
9.1. Neither Party may assign its rights and obligations under this Agreement without the consent of the other Party.
9.2. Disputes arising from this Agreement, including in connection with its execution, violation, termination, invalidity, shall be resolved through personal negotiations of the representatives of the Parties. In the absence of agreement, the disputes shall be referred to the Arbitration Court of the Tyumen Region, subject to mandatory observance of the preliminary claim procedure for resolving disputes with the establishment of a response period to a written claim of 10 (Ten) calendar days from the date of receipt.
9.3. The Agency hereby warns the Client that the Principal can replace the advertised Product booked and paid by the Customer or the terms of its publication (display), to the equivalent in value and category (without charging additional payment from the Client). Such replacement is outside the control of the Agency while the Client has the right to present to the Principal a claim in connection with improper quality of services.
9.4. The introduction into the present text of the Agreement of changes or additions is made only in the order established in this Agreement.
9.5. The Customer agrees that the information he provides to the Agency by filling out applications, other documents, including in electronic form, by placing it in the sections of the personal cabinet of the site marked "publicly available", will be placed by the Agency in search services, and is available to an undefined circle of faces.
9.6. The client guarantees to the Agency the reliability and timeliness of the provision of information.
9.7. The law governing the relations of the Parties is the legislation of the Russian Federation.
10. Addresses and requisites of the Parties
|Organization's full name:
|Limited Liability Company "CHIPMEDIA.RU"tr>
|625003, Tyumen Region, Tyumen, ul. Volodarsky, 14, room 505tr>
|625003, Tyumen Region, Tyumen, ul. Volodarsky, 14, room 505
|8 (3452) 612-950
|West-Siberian Bank PJSC Sberbank, Tyumen
|K / s
|CEO: Gupalo Dmitry Alexandrovich