Moscow
Edition of April 01, 2024
OOO A.S.A.P., hereinafter referred to as the "Agent", represented by Ekaterina Nikolaevna Makeikina, General Director, acting on the basis of the Charter, expresses his intention to conclude Agent Agreement on the terms specified in this offer with any person, hereinafter referred to as the "Principal", who has accepted the terms of this offer.
1. TERMS AND DEFINITIONS:
1. Offer — this document and its annexes, which are an offer defining all the essential terms of the contract for the provision of paid services.
2. Agency Agreement, Contract — an agreement concluded by Accepting an Offer between an Agent and a Principal for the Agent to perform actions on behalf of and at the expense of the Principal for remuneration on behalf of the Principal, aimed at attracting Users through the conclusion lease or service contracts with Users.
3. Acceptance of the Offer — full and unconditional acceptance of the Offer by paying for Services on the Website, as well as performing the actions specified in section 3 of the Offer. The Contract is concluded by acceptance of the Offer.
4. Principal — an individual, a legal entity or individual entrepreneur providing services in accordance with the legislation of the Russian Federation, who has concluded an Agency Agreement with an Agent. Depending on the service provided, the principal may be a lessor or a contractor in accordance with the selected service by the User.
5. Services – services provided by the Contractor to the User, including leasing of property of the category, according to clause 5.1 of the Agreement, provision of services for maintenance, cleaning, performances, as well as other services specified on the website.
5.1. The lessor may lease property of the following categories, including, but not limited to:
- health/medicine
- products for children
- premium property (yachts, boats, helicopters, etc.)
- entertainment
- sports equipment
- creativity
- for a photo shoot
- travel
- digital technology
- clothes
- real estate
- people/specialists
- animals
- business goods
- equipment
- accessories
- for home and garden
- other goods and services.
6. Deposit is the amount of money sent by the Lessee to the Agent's account and held by the Agent until the moment of fulfillment of the Lessee's obligation to return the rented good of proper quality provided for in the Agreement. The value of the deposit is determined by the Lessor independently.
7. Service contract – A contract for the provision of paid services concluded between the User and the Contractor in accordance with the procedure provided for in Section 3 of this Offer.
8. Website – the Agent's website located at https://www.allsharing.su.
9. User — an individual, a legal entity or individual entrepreneur who uses the Website on the terms of use of the Website service posted on the Internet at https://www.allsharing.su.
2. SUBJECT OF THE OFFER
2.1. The subject of this Offer is the conclusion of the Contract between the Agent and the Principal on basis of which the Agent conducts legal and other actions on behalf of and at the expense of the Principal, aimed at attracting Users through the conclusion of lease or service contracts specified on the Site, with Users (hereinafter referred to as the "Order"), including receiving, storing and transferring funds received for rent/provision of services, in the manner and on the terms specified in the Offer:
2.1.1. According to the transaction made by the Agent with the User, the rights and obligations arise directly from the Principal. The provision of services, the leasing of property is carried out by the Principal.
2.1.2. The Party to the service agreement with the User, which is concluded by the Agent as part of the execution of the Order, is the Principal.
2.1.3. The conclusion of a rent or service agreement with the User is carried out by the User's acceptance of the Principal's offer, expressed in the User's actions on the Website aimed at concluding the service agreement, or the User performing other actions provided for by the functionality of the Site, expressing the User's will to conclude the relevant service agreement.
2.1.4. As part of the Order, the Agent is authorized on his own behalf, but at the expense of the Principal, to accept funds from Users that are prepayment for services within the framework of the provision of services, and transfer funds received from Users to the Principal; as well as to withhold the amount of the deposit until the return of the rented good, to withhold the amount of penalties established by the Principal and levied from the User when the User cancels the Order, if in accordance with the rules cancellation of the order cancellation by the User of the Order entails the deduction of such penalties.
2.1.5. The order under the Contract is executed by the Agent from the moment of conclusion of the Contract during the entire period of its validity. The contract is concluded without exchanging paper versions and signatures.
2.1.6. The Order is executed by the Agent in the following territory: the whole world.
3. ACCEPTANCE OF THE OFFER, CONCLUSION OF THE CONTRACT AND TERMS OF INTERACTION
3.1. The Principal accepts the Offer by clicking on the button "I have read, agree and fully accept the terms of the Offer" (or similar in meaning) in the Partner Interface.
3.2. By accepting the Offer, the Principal agrees to the Rules for placing ads, the User Agreement and agrees to the processing of personal data and the newsletter
3.3. Acceptance of the Offer by the Principal creates a Contract (Article 438 of the Civil Code of the Russian Federation) on the terms of the Offer.
3.4. Each order for the use of a specific website service within the framework of the Agreement is an independent transaction.
The payment of the order or the performance by the user of other actions provided for in the Agreement is recognized as the user's acceptance of the offer to conclude a transaction on the terms agreed by the parties.
The user places each order in accordance with the terms of the current version of the offer and the terms of the relevant service.
By accepting the offer, you agree that the fact of performing certain actions on the site, including using professional technical tools, executing commands through the site interface (clicking buttons, clicks), making a payment and other similar actions mean your will in relation to the order and / or activation of the service in accordance with the specified on the website with parameters and price.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
The agent is obliged to:
4.1.1. To execute the assumed Assignment on the most favorable terms for the Principal, in good faith and reasonably, in accordance with the instructions of the Principal and the terms of the Contract.
4.1.2. Transfer funds received from Users to the Principal in accordance with the procedure and terms stipulated by the Agreement, if this is provided for the relevant Partner.
4.1.3. To inform the Principal, at his request, of the information reasonably necessary for the Principal on the progress of the execution of the Order.
4.1.4. Accept and hold the amount of the deposit in your bank account until the return of the rented item and, if necessary, transfer the deposit in full or in part to the Principal or User, in accordance with the procedure and terms provided for in the Agreement
4.1.5. During the term of the Agreement, the Agent will make every effort to eliminate any failures and errors on the Site, if they occur. At the same time, the Agent does not guarantee the absence of errors and failures in the Site.
4.2. The Agent has the right to:
4.2.1. Suspend the execution of the Order under the Agreement and / or terminate the Agreement unilaterally out of court in case of violation by the Principal of the obligations established by the Agreement, the legislation of the Russian Federation, as well as in case of failures or errors leading to deterioration of the Site.
4.2.2. In accordance with the procedure provided for in Article 410 of the Civil Code of the Russian Federation, withhold the agency remuneration due to him in connection with the execution of the Order, as well as the amounts of funds to be refunded to Users or amount of Deposit.
4.2.3. To receive agency remuneration in the manner and on the terms stipulated in the Contract. To receive agency remuneration by transferring non-cash funds from the Principal in cases of direct payment of Services to the Principal.
4.2.4. Not to start fulfilling its obligations under this Agreement until the Principal fulfills the obligation provided for in paragraphs 4.3.1 and 4.3.2 of the Agreement.
4.2.5. Involve third parties to fulfill their obligations under this Agreement, while remaining responsible for their actions to the Principal.
4.2.6. Provide Users with additional services not provided for by the Order, including (but not limited to) property rental and information support for Users. Such services are provided by the Agent on behalf of and at the expense of the Agent or third parties on terms determined by the Agent independently.
4.2.7. Immediately terminate the execution of the Order and/or terminate the Contract in case the Principal violates his obligations under the Contract.
4.2.8. At its discretion, conduct marketing and other activities aimed at promoting the Agent's Website, the Principal's services, as well as other activities, including those related to providing additional promotional conditions when ordering services. The agent independently determines the essential conditions of such events. The activities specified in this paragraph are carried out by the Agent at his own expense, in connection with which the Agent ensures that the amounts received from Users in the amount and in the manner prescribed by the Contract, considering the appropriate compensation (if necessary), are received in favor of the Principal.
4.2.9. In order to inform and attract the attention of Internet users, the Agent and its affiliates have the right to use the results of intellectual activity and means of individualization belonging to the Principal by reproduction, processing, public display, public performance, making available to the public (partially or completely) by any legal means, including on the services and in advertising of the Site and its affiliates, and also grant (sublicense) the right to use the results of the intellectual activity of the Principal in these ways to third parties. The Principal certifies and guarantees that he has the appropriate rights and powers to grant the Agent and its affiliates the above-mentioned right to use the results of the intellectual activity of the Principal. The Agent and its affiliates have the right to use the results of the intellectual activity of the Principal in the ways provided for in this paragraph, without charging remuneration for such use and without restrictions on the territory during the entire term of the Agreement.
4.2.10. Transfer the rights and obligations under the agreement to a third party.
4.3. The Principal undertakes:
4.3.1. Provide the Agent with reliable information about yourself, your company name (full name), OGRN (OGRNIP), location (if the Principal is a legal entity), opening hours, bank details and contact details, as well as immediately notify the Agent of changes in this information (no later than 1 (one) business day from the date changes).
4.3.2. Provide the Agent with all the information necessary for the execution of the Order on the characteristics of the services in full, including information that must be provided to the User before the conclusion of the contract in accordance with consumer protection legislation, as well as immediately notify the Agent of changes in this information (no later than 1 (one) business day from the date of change).
4.3.3. If the User applies to the Agent with a request for a refund, the Agent has the right to decide on the refund independently on the basis of the data specified in the order conditions transmitted to the Agent by the Principal or send a request to the Principal. In this case, the Principal immediately decides on the return or refusal to return the specified funds (if there are grounds for refusal established by law) and informs the Agent about it. An application or request sent by e-mail is a sufficient reason for the Agent to refund (transfer) the Cost of services to the Users who have submitted the relevant requirements.
4.3.4. The Principal in cases provided for by the legislation on consumer rights protection is responsible for returning the Cost of services to the User in case of a corresponding request by the User.
4.3.4.1. The transfer of funds to Users is carried out directly by the Principal, unless the Agent has decided otherwise. The Agent deducts the cost of cancelled Orders from the funds received from Users to pay for services by his decision.
4.3.4.2. In case the User refuses to rent the property or to provide services, the User is directly responsible for such consequences to the Principal in accordance with the own rules of the Principal.
4.3.5. Comply with the legislation on personal data in the process of processing personal data of Users provided by the Agent to the Principal as part of the execution of the Order. The Principal has the right to use the personal data of Users transferred to him by the Agent for the purposes of execution by the Principal of the service contract with the User concluded by the Agent on behalf of the Principal in the framework of the relevant Order, the provision of Services of the Principal and other related services. Any other use of the User's personal data by the Principal is prohibited, except in cases when the Principal has obtained the User's consent to such use in accordance with the requirements of the legislation, as well as in cases when the processing of the User's personal data is carried out by the Principal to achieve the goals provided by law, to implement and perform the functions, powers and duties assigned to the Principal by the legislation of the Russian Federation. responsibilities.
4.3.6. If the information and other materials transmitted by the Principal to the Agent under the Contract include the results of intellectual activity (including photographs, videos, images, drawings, etc.), the Principal undertakes to independently and at his own expense settle with the copyright holders all issues related to their use by the Agent as part of the execution of the Order.
4.3.7. The Principal is obliged to confirm the Order or provide information about the impossibility of providing services on the terms specified in the Order for objective reasons no later than 48 hours before the deadline for the provision of the relevant service. If the Contract for the provision of services was concluded less than 48 hours before the deadline for the provision of services, the Principal is obliged to inform about the impossibility of providing the relevant service immediately.
4.3.8. The Principal undertakes to immediately notify the Agent of the events and facts that have become known to him that worsen and/or affect the conditions for the provision of the relevant service (repair, construction, breakdowns, emergencies, planned water outages, etc.).
4.3.9. In case of termination and/or early termination of this Agreement, the Principal, after prior agreement with the Agent, executes all Orders placed before the termination of the Agreement, regardless of the term of execution of such Orders.
4.3.10. The Principal undertakes, at the time of transmission of data on services, to transmit to the Agent also information on the VAT rate separately in relation to the Cost of services (excluding the cost of the Principal's Services (service fees)) and separately with respect to the cost of the Principal's Services (service fees), if it is charged, in one of the following options: "20%", "10%", "0%" or "not subject to VAT", as well as the TIN of the Principal.
4.3.11. The Principal undertakes to notify the Agent of changes in the applicable VAT rate, the Principal's TIN, the Principal's contact phone number no later than 3 (three) days before the date of the corresponding change.
4.3.12. To transmit to the Agent information about the cancellation rules of the order or the purpose of providing services.
4.3.13. The Principal undertakes to interact with Users in a special chat, not to directly swap contacts with Users and not to interact with Users in other ways, in violation of the terms of this clause.
4.4. The Principal has the right to:
4.4.1. To receive from the Agent reasonably necessary information about the progress of the execution of the Order.
4.4.2. Involve third parties to fulfill their obligations under this Agreement, while remaining responsible for their actions to the Agent.
4.5. The Agent has the right to terminate this Agreement with the Principal in case of violation by the Principal of the terms of the Agreement, including violation of clause 4.3.13 of the Agreement.
5. AGENCY REMUNERATION AND SETTLEMENT PROCEDURE
5.1. The agency fee under this agreement depends on the rental price of the property or the other services provided by the Principal on the Agent's Website and /or on the conditions specified in the Principal's personal account. Agency remuneration is not subject to VAT due to the use of the simplified taxation system by the Agent.
5.2. The Agent independently calculates and withholds the amount of remuneration from the funds received from the buyer or, in cases where such retention is impossible, the Principal transfers the remuneration due to the Agent's account.
5.3. Depending on the Service chosen by the buyer, payment can be transferred to the Agent via the website.
5.4. Within the framework of this Agreement, transactions for the payment of funds to the Principal and payment of remuneration to the Agent, as well as for settlements with Users, in some cases may be carried out using a bank account opened by the Agent.
6. RESPONSIBILITY OF THE PARTIES
6.1. If the Principal fails to provide the Service on time, the Principal pays a penalty in the amount of 0.5 percent of the Service amount for each day of delay.
6.2. The Agent is not responsible if the transaction made in execution of the Principal's order is not executed by the lessee or the customer.
6.3. In case of theft or loss of login data, the User independently takes the necessary measures to change the password to access the profile. The Agent is not responsible for the actions of third parties resulting in theft, loss of login data, as well as any costs, damage or lost profits incurred by the User in connection with unauthorized access by third parties to the user's profile.
6.4. In case of fraudulent actions by the Principal, the User or third parties, as well as other actions aimed at obtaining benefits by illegal means, the Agent is not responsible for such actions.
6.5. Other measures of liability of the Parties for non-fulfillment of their obligations under this agreement are determined by the general rules of the Civil Code of the Russian Federation.
7. DISPUTE RESOLUTION
7.1. Disputes and disagreements that may arise during the execution of this agreement will, if possible, be resolved through negotiations between the parties.
7.2. Disputes of the parties that are not settled through negotiations are submitted to the Arbitration Court of Moscow for resolution and if the dispute is not subject to consideration in an arbitration court in accordance with its competence, to other courts in accordance with the provisions of the legislation of the Russian Federation.
8. TERM OF THE AGREEMENT
8.1. This Offer comes into force from the moment of its publication on the website https://www.allsharing.su and it is valid for an indefinite period until its termination in accordance with the Contract and legislation.
8.2. The Contract is considered concluded from the moment of acceptance of the Offer in accordance with section 3 of this document.
9. ADDRESSES AND DETAILS OF THE AGENT
OOO A.S.A.P.
INN 7703465436 / KPP 770301001
OGRN 1187746816840
Account 40702810902740003208
Bank Joint Stock Company
«ALFA-BANK»
BIC 044525593
Corr. account 30101810200000000593
Email: support@allsharing.su