Public offer

Public offer to conclude a contract as amended as of January 1, 2019

This document is an official offer (public offer on the basis of clause 2 of Article 437 of the Civil Code of the Russian Federation, hereinafter the “Offer”) PI Alikov Ilya Sergeevich, hereinafter referred to as “EXECUTOR”, to any natural or legal person, hereinafter referred to as “CUSTOMER” accept the conditions of this OFFER by performing the actions specified in clause 2 of this OFFER, enter into an agreement on the provision of services on the conditions specified below.

1. SUBJECT OF THE OFFER
1.1. IP Alikov Ilya Sergeevich, as the EXECUTOR, undertakes to provide the following services:
1.1.1. Providing access to the browser push PUSH service on the https://pushmoose.com website to provide notification mailings to the CUSTOMER site visitors.
1.1.2. Information support for the CUSTOMER by e-mail to sales@pushmoose.com during the subscription period for the PRO tariff.
1.2. The CUSTOMER assumes the obligation to make payment for the range of services provided in accordance with the current tariffs of Ilya Alikov Alikov (Appendix No. 2).
1.3. The CUSTOMER grants permission for the processing of his personal data / personal data of his representatives by the EXECUTOR (see Appendix No. 1);
1.4. This Offer and any annexes to it are official documents and are published on the website at: https://pushmoose.com/Finance/PublicOffer.
1.5. The Contractor reserves the right to change, add or delete items of this Offer at any time without notifying the CUSTOMER, and the cost of the services ordered and paid for by the CUSTOMER is not subject to change. The new edition of the Offer shall enter into force from the moment of its posting on the Internet at the address specified in this paragraph, unless otherwise provided by the new edition of the Offer. The current edition of the Offer is always on the page at https://pushmoose.com/Finance/PublicOffer. Continued use of the services of the EXECUTOR by the CUSTOMER means acceptance of the Offer and changes made to this Offer.

2. ACCEPTING OFFERS
2.1. The CUSTOMER produces the acceptance of the Offer and expresses its consent to the conclusion of the Agreement under the conditions set forth in this Offer by registering an account on the website https://pushmoose.com. To register an account, the CLIENT / his representative must fill in the registration form fields located at: https://pushmoose.com/Auth/Registration.
2.2. For registration, the CUSTOMER undertakes to provide accurate and complete information on the issues proposed in the registration form and to keep this information up to date. If the CUSTOMER provides incorrect information or the EXECUTOR has reason to believe that the information provided by the CUSTOMER is incomplete or unreliable, the EXECUTOR has the right to block or delete the CUSTOMER account at his own discretion and refuse to use the services (or their individual functions) of the site.
3. RIGHTS OF THE PARTIES
3.1. CUSTOMER has the right:
3.1.1. To terminate the Contract at any time by paying the actual services rendered to the Contractor at the date of termination;
3.1.2. Receive necessary and reliable information about the EXECUTOR and services rendered to him;
3.2. The EXECUTOR has the right:
3.2.1. Suspend the provision of services to the customer in case the content of mailings contradicts the legislation of the Russian Federation.
3.2.2. Provide additional information about the services of the service or partners on the CUSTOMER’s website.

4. OBLIGATIONS OF THE PARTIES
4.1. CUSTOMER undertakes:
4.1.1. Pay for services according to Appendix 2;
4.1.2. Comply with the laws of the Russian Federation relating to the protection of copyright of the EXECUTOR;
4.1.3. Bear personal responsibility for maintaining the confidentiality of account information, including username and password, as well as for all activities carried out under the account of the CUSTOMER without exception.
4.1.4. Do not transfer access rights (username and password) to the personal page on https://pushmoose.com to third parties without the written permission of the EXECUTOR. The CUSTOMER shall bear all the risks associated with the use of account information by the CUSTOMER by third parties, as well as bear all the obligations and responsibilities arising from the actions taken under the account of the CUSTOMER.
4.1.5. Do not use the site https://pushmoose.com to:
• downloading content (information) that is illegal violates any rights of third parties; promotes violence, cruelty, hatred and (or) discrimination on racial, national, sexual, religious, social grounds; contains inaccurate information and / or insults;
• prompting to commit unlawful acts, as well as assistance to persons whose actions are aimed at violating the restrictions and prohibitions in force in the territory of the Russian Federation;
• violation of the rights of minors and (or) causing them harm in any form; • infringement of minority rights;
• presenting yourself as another person or representative of the organization and / or community without sufficient rights;
• uploading, sending, transmitting or any other way of publishing materials that the CUSTOMER has no right to make available under the law or in accordance with any agreements with third parties;
• uploading, sending, transmitting or any other way of publishing materials that violate any rights of third parties, including the right to trademarks (service marks), trade secrets and / or to violate any other intellectual property rights of third parties;
• downloading, sending, transmitting or any other method of publishing any material containing viruses or other computer codes, files or programs intended to violate, destroy or limit the functionality of any computer or telecommunications equipment or programs for unauthorized access to computer systems , equipment or data of third parties, as well as serial numbers for commercial software products and programs for their generation, logins, passwords and pro s means to gain unauthorized access to sites on the Internet, as well as linking to the above information;
• violation of any norms of the current Russian and / or international legislation, as well as the legislation of foreign states; • placement of materials containing textual, photographic and video materials of a pornographic nature;
• posting links to Internet resources, the content of which contradicts the current legislation of the Russian Federation.
4.2. The Contractor undertakes:
4.2.1. To provide the CUSTOMER with the services specified in clause 1 of this Offer with appropriate quality;
4.2.2. To provide information support to the CUSTOMER by e-mail sale@pushmoose.com from 9.00 to 21.00 daily, during the subscription period for the PRO tariff.
4.2.3. To provide the CUSTOMER with access to the personal page on https://pushmoose.com for 24 (twenty four) hours a day, except for the cases when maintenance is carried out at https://pushmoose.com;
4.2.4. Perform server maintenance no more than once a week for no more than 4 (four) hours;
4.2.5. Ensure confidentiality of information relating to the subject matter of the Agreement, the progress of its execution and the results obtained; 4.2.6. Free and prompt conduct informational and consulting support work on the personal page on https://pushmoose.com.

5. ORDER AND TERMS OF PAYMENT
5.1. Payment for services under the Agreement is made by the CUSTOMER EXECUTOR in the form of a 100% advance payment on the basis of Appendix No. 2.
5.2. The money received by the EXECUTOR from the CUSTOMER is credited by the EXECUTOR to the personal account of the CUSTOMER at https://pushmoose.com and debited from it in equal shares for 30 days, according to Appendix No. 2 (subscription validity).
5.3. Payment can be made by transferring money to the EXECUTOR’s bank account through payment aggregators, presented in your account on https://pushmoose.com.

6. RESPONSIBILITY OF THE PARTIES
6.1. The CUSTOMER is fully responsible for the information distributed by him using the services of the EXECUTOR. In the event of claims from third parties related to the placement of materials by the CUSTOMER, the CUSTOMER shall independently and at its own expense settle the said claims.
6.2. The Contractor shall not be liable for the accuracy of the information disseminated by the CUSTOMER through the services provided.
6.2.1. The CONTRACTOR is not responsible for the mismatch of the services provided to the expectations of the CUSTOMER.
6.2.2. The EXECUTOR is not responsible for:
6.2.2.1. delays or failures in the process of the operation, resulting from force majeure, as well as any case of problems in telecommunications, computer, electrical and (or) other related systems;
6.2.2.2. proper functioning of the site in case the CUSTOMER does not have the necessary technical means to use it. The EXECUTOR is not obligated to provide users with such funds;
6.2.2.3. actions of transfer systems, banks, payment systems and delays associated with their work.
6.3. The CUSTOMER agrees to the Contractor on the use of the trademark for the following purposes: to confirm the fact of the conclusion of the contract of the offer and cooperation, posting on the Contractor's Internet site, publication in the Contractor’s presentations. For the term of the contract offer.
6.4. The CONTRACTOR shall not be liable and does not guarantee the security of the CUSTOMER’s data in the following cases: transferring the password to third parties (intentionally or through negligence); third-party access to the customer's e-mail box using software tools that allow for the selection and / or decoding of the password; third-party access to the customer's mailbox by simply selecting a password; Failure by the CUSTOMER to comply with the recommendations specified in this Offer or the site service interface.

7. TERM OF CONTRACT
7.1. The Agreement enters into force from the moment of acceptance of this Offer in accordance with clause 2 of the Offer and is valid until its termination.
7.2. Termination of the Agreement does not relieve the Parties from the fulfillment of obligations not fulfilled under the Agreement.
7.3. The agreement may be terminated by agreement of the Parties.
7.4. The contract can be terminated at any time on the initiative of the CUSTOMER.
7.5. Termination of the account (blocking) can be made due to the following reasons: a) a violation by the CUSTOMER of the provisions of this Offer;
b) at the request of the authorities, in accordance with the legislation of the Russian Federation;
c) due to unforeseen technical problems or safety related circumstances;
d) due to the creation of interference by the CUSTOMER and any violations in relation to the site services, including the use of any devices, software, etc.

8. SETTLEMENT OF DISPUTES
8.1. In the event of any disagreement or dispute between the Parties to this Offer, a prerequisite before appealing to the court is to submit a claim (a written proposal for a voluntary settlement of the dispute).
8.2. The recipient of the claim shall, within 30 (thirty) calendar days from the date of its receipt, notify the claimant in writing of the results of its consideration.
8.3. If it is impossible to resolve the dispute on a voluntary basis, any of the Parties has the right to apply to the court of Moscow at the location of the EXECUTOR for the protection of their rights, which are granted to them by the current legislation of the Russian Federation.

9. FINAL PROVISIONS
9.1. Additions, Protocols and other Annexes to the Treaty are integral with the text of the Treaty and have equal legal force with it. The parties may, by mutual agreement, change the form, content, and number of Appendices.

10. LEGAL ADDRESSES AND DETAILS OF THE EXECUTOR:
OOO (a limited liability company under the laws of Russian Federation) “LUK GIFT” (is not a VAT payer based on the application of a simplified taxation system)
INN, tax reference number 7717294371
KPP, registration event code 771701001
OGRN code 1157746626421
Director General: Alikov Ilya Sergeevich
Legal address: 129226, Moscow, Leninskiy Prospect, 15, off. 309
Contacts:
Phone: +7 (495) 481 61 11
Email: sales@pushmoose.com
https://pushmoose.com
Bank details:
PJSC SBERBANK
R / s 40702810138000091687
C / s 30101810400000000225
BIC 044525225

Appendix No. 1 to the public offer to conclude a contract as amended as of January 1, 2019.
Consent to the processing of personal data.
In accordance with Federal Law No. 152 “On Personal Data” dated July 27, 2006, the Customer agrees to the Contractor to process his personal data used for registering an account on https://pushmoose.com, as well as provided during the use of services site (namely, last name, first name, patronymic, date of birth, gender, place of work and position, postal address; home, work telephone, cell phone, e-mail address and other information) using automation tools or without using such tools with c Purpose of individual accounting and informing.
The customer gives the Contractor the right to perform the following actions (operations) with personal data: collection, systematization, accumulation, storage, refinement (update, change), use, depersonalization, blocking, destruction of data.
This agreement enters into force at the time of acceptance of the public offer to conclude an agreement dated January 1, 2019 and is valid indefinitely.
This consent to the processing of his personal data may be revoked by sending the Customer a written statement to sales@pushmoose.com

Appendix No. 2 to the public offer to conclude a contract as amended as of January 1, 2019.
Description of the modules of the extended package of services "PRO"

Number of messages: unlimited
Number of sites: 1
Number of subscribers: unlimited

The module "Big pictures and buttons" - 100 rubles / 30 days
Module "Segmentation" - 100 rubles / 30 days
Module "Trigger Notifications" - 100 rubles / 30 days
Module "Abandoned basket" - 300 rubles / 30 days
White Label Module - 150 rubles / 30 days
Subscription term (provision of services) and cost:

At exhaustion of funds on the account, access to the extension (s) is blocked.
VAT is not charged in connection with the use by the Contractor of the simplified taxation system in accordance with Ch. 26.2 of the RF Tax Code

Notes:
The cost of the services provided to the CUSTOMER is not subject to revision.
Switching to the PRO tariff is done automatically after replenishing the Customer’s personal account and is debited in equal installments, according to the number of connected expansion modules for 30 days.