Terms of offer
This document is an official offer (public offer) to conclude an agreement for the provision of services by the Contractor, Private Limited Liability Company “Clara Anima OÜ”, to Customers (an unlimited number of individuals and legal entities, individual entrepreneurs and self-employed people who have agreed to the terms of this Public Offer).
In accordance with Art. 437 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), this document is a public offer, and if the conditions set out below are accepted, the Customer, who accepts this offer, accepts the Services in accordance with the conditions, procedure and terms provided for by this Offer.
The Contractor asks you to take into account that the above actions constitute complete and unconditional agreement (acceptance) with this Offer in accordance with Art. 435 and 437 of the Civil Code of the Russian Federation, in connection with which the Customer is recommended to carefully read the text of this Offer (including amendments made over time), posted on the Site at https://clara-anima.com/ (hereinafter referred to as the Site), and in case of disagreement with the terms, do not accept the Offer.
An agreement concluded through acceptance of the Offer does not require bilateral signing, is considered concluded from the moment of its acceptance by the Customer and is valid in electronic form.
1. TERMS AND DEFINITIONS
1.1. For the purposes of this Offer, the following terms and definitions are used in the following meaning:
1.1.1 A website is a website located on the Internet at a unique address (URL): https://clara-anima.com/yandex# and is a collection of software, hardware and information intended for publication on the Internet. The site is available to all Internet Users.
1.1.2 Contractor – Private limited liability company “Clara Anima OÜ”, represented by authorized persons, administering the Site and which owns all relevant exclusive property rights to the Site, Content, rights to use domain and subdomain names of the Site.
1.1.3 Customer - any legal and capable individual or legal entity, individual entrepreneur, self-employed person who intends to purchase Services in the manner and on the terms provided for in this Offer, who has made Acceptance.
1.1.4 Offer – a public offer by the Contractor to conclude an agreement with the Customer on the existing conditions contained in the Offer, the text of which is published on the Site.
1.1.6 Acceptance - full and unconditional acceptance by the User of the terms of this Offer, which is a mandatory condition for the provision of Services. Acceptance of this Offer is the implementation of all of the following actions in total:
• familiarization of the Customer with the terms of the Offer;
• filling out the Application form;
• payment of the invoice to replenish the advertising budget.
The Customer understands that Acceptance of the offer in the manner specified in clause 1.1.5 of the offer is tantamount to concluding an Agreement on the terms set out in the offer.
1.1.6. Services – paid services of the Contractor for managing the Customer’s advertising campaigns.
1.1.7. Advertising materials – any objects, including in electronic form, including graphic, text, audio, video and mixed materials containing an extended description of the Customer’s product or service.
1.1.8. Advertising campaign is the implementation of a set of planned activities for the placement of the Customer’s Advertising Materials on Internet resources.
1.1.9. Internet resource is a collection of tools and information intended for publication on the Internet and displayed in certain text, graphic or audio forms. An Internet resource has a unique email address (name) that allows you to identify the Internet resource and access it.
1.1.10. Reporting period - a calendar month during which the Contractor provides services to the Customer on the basis of this Offer.
1.1.11. Yandex.Direct is a tool for placing contextual advertising on the pages of Yandex.ru and on sites participating in its advertising network, located at https://direct.yandex.ru/.
1.1.12. Yandex.Market is a tool for placing goods on the trading platform http://market.yandex.ru.
1.1.13. The Contractor's advertising account is a part of the Contractor's software, located on Yandex.Direct and other Internet resources, through which services are provided, including interaction between the Parties.
1.1.14. Cashback is a reward (premium) paid to the Customer in connection with the placement of an Advertising Company in the Contractor’s Advertising Account. Cashback is calculated as a percentage of the Customer's advertising budget. The amount of Cashback is established by the parties in Appendix No. 1 to this Offer.
1.1.15. Advertising budget – the total amount of payment for the Advertising Campaign for one reporting period, paid by the Customer on the basis of the Contractor’s invoice. The advertising budget is intended for broadcasting advertising materials on Internet resources. The cost of the advertising budget is set based on prices (tariffs) for the Yandex.Direct, Yandex.Market, Yandex.Directory and other Yandex services.
1.1.16. Application Form - an html form filled out by the Customer on the Site to be able to use the Services.
1.1.17. Content and materials - any objects of intellectual property of the Contractor posted on the Site in the form of texts, images, drawings, photographs, graphs, videos, programs, sounds, interfaces, logos, trademarks, computer codes, which are the content of the Site, and/or posted on Website with the consent of the Contractor.
1.1.18. Personal data - information related directly or indirectly to the Customer (subject of personal data), voluntarily indicated by him when filling out forms on the site. The data is stored in the Contractor's database using services and programs that provide reliable protection from unauthorized access by third parties, and is subject to use exclusively in accordance with this Offer and the current legislation of the Russian Federation.
1.1.19. Mailing - automated sending of emails and messages by the Contractor to the Customer’s email address, to the Customer’s mobile phone number, messages in any instant messengers linked to the Customer’s mobile phone number.
1.2. If this Offer uses terms not specified in clause 1.1, they are subject to use and interpretation in accordance with current legislation and business customs prevailing on the Internet.
1.3. By accepting the offer, the Customer guarantees that he is familiar with, agrees completely and unconditionally, and accepts all the conditions set out in the text of the Offer.
1.4. The Offer does not require signing and sealing by the Parties, while maintaining legal force.
2. SUBJECT OF THE OFFER\
6.1. Upon completion of the provision of services or at the end of the reporting period for the provision of services, the Contractor sends to the Customer via electronic communication a signed Certificate of Acceptance and Delivery of Services Rendered (hereinafter referred to as the Certificate) in the form agreed upon by the Parties in Appendix No. 2 to this Offer.
6.2. The Customer is obliged to sign the Certificate within 5 (five) working days from the date of receipt of the Certificate, certify it with a seal (if any) and send one copy of the Certificate to the Contractor, or send written reasoned objections regarding the quality and results of the services provided.
6.3. If the Customer does not sign the Certificate within 5 (five) working days and does not provide a written reasoned refusal during this period, the Certificate is considered signed by the Customer, and the Services are recognized by the Parties as provided properly, in full and on time.
7. RESPONSIBILITY OF THE PARTIES
7.1 For failure to fulfill the conditions stipulated by this Offer, the Parties are liable in accordance with the norms of legislation in force in the territory of the Russian Federation.
7.2 If the Customer violates the deadline for payment for services provided, the Contractor has the right to demand from the Customer, and the Customer is obliged to pay a penalty in the amount of 0.2% (zero point two percent) of the unpaid cost of services for each day of delay.
7.3 Payment of a penalty does not relieve the Customer from the obligation to pay the cost of services provided.
7.4 The Contractor is released from liability in the absence of his guilt.
7.5 The total liability of the Contractor for any claim or claim in relation to the Offer is limited to the amount paid to the Contractor by the Customer, and if the Services are provided monthly - for the month preceding the filing of the claim. In this case, only actual damage can be recovered, but not lost profits.
7.6 The Contractor is not responsible for the Customer’s claims to the quality of the provision of Services related to the quality of functioning of the networks of Internet providers, hosting providers, the functioning of the Customer’s computer equipment, the actions of third parties and other circumstances beyond the control of the Contractor.
7.7 The Contractor is not responsible for technical deficiencies and failures, technical features of Internet resources, search and advertising systems, actions of the owners of search and advertising systems and for the actions of any third parties.
7.8 The Contractor is not responsible for the proper provision of Services under this Offer in the event of interruptions in the operation of the Customer’s website.
7.9 The customer is solely responsible for the content of advertising materials, for compliance of the content of advertising materials with the requirements of the legislation of the Russian Federation, for violation of copyright and related rights in relation to works included in advertising materials, for the legal legality of the use of logos, brand names and other objects of intellectual property and means of individualization in advertising materials, as well as for the absence in advertising materials of mandatory information provided for by the legislation of the Russian Federation. All property claims, including those of authors and holders of related rights, against the Contractor in relation to advertising materials must be settled by the Customer on its own and at its own expense.
7.10 Due to the fact that the Contractor cannot influence the proper fulfillment of obligations by Internet resources on which advertising materials are placed by the Customer, the Contractor is not responsible for violation of the procedure and timing of advertising campaigns by the specified Internet resources and does not reimburse the Customer for expenses incurred in losses associated with this. So, if the Advertising account is blocked due to the Customer’s violation of the requirements of the legislation of the Russian Federation on advertising, the Contractor does not refund the advertising budget.
7.11 If the content of the Customer’s advertising materials placed in accordance with the Offer was the basis for bringing any kind of claims, suits and/or sanctions against the Contractor, the Customer undertakes to independently and without involving the Contractor settle the claims that have arisen, including making the necessary payments for his set, and In this case, the Contractor has incurred any expenses and must compensate them in full.
7.12 In any case, the Contractor is not responsible for the quality of goods and services sold by the Customer.
7.13 The Customer is responsible for promptly informing the Contractor about changes in his details, including changes in the location address, postal address, contact telephone numbers and email addresses, and termination of powers of persons responsible for the interaction of the Customer with the Contractor.
7.14 The parties are released from liability for partial or complete failure to fulfill obligations under this Offer, if this failure was a consequence of force majeure circumstances (force majeure) that arose after the conclusion of this agreement (fire, flood, earthquake, as well as military actions, government regulations and state authorities and other circumstances beyond the reasonable control of the parties).
7.15 Force majeure circumstances include, in particular, but not only: natural disasters, wars, hostilities, embargoes, the declaration of a state of emergency, civil unrest, strikes, protests, fires, catastrophes, accidents, as well as the adoption by legislative, executive authorities, other competent bodies of laws, decisions, other regulations or failure by officials of state bodies to fulfill the duties assigned to them, which impede the fulfillment of the obligations of the Parties.
7.16 In the event of force majeure circumstances, the deadlines for fulfilling the obligations of the Parties are postponed for the duration of the force majeure circumstances.
7.17 In the event of force majeure circumstances, the interested Party must, within no more than 7 (seven) days, notify the other Party of their occurrence in any available way, including by email or using instant messengers, and take all possible and necessary measures to prevent or reducing the adverse consequences of these circumstances for both Parties. In case of failure to notify or untimely notification, the guilty Party is deprived of the right to invoke the occurrence of force majeure circumstances.
7.18 As evidence of force majeure circumstances, media reports, documents of chambers of commerce and industry, and other non-profit organizations of entrepreneurs are accepted.
8. TERMINATION OF OFFER
8.1. The Customer has the right at any time to unilaterally refuse the Contractor's Services and terminate the Agreement by sending a notice to the Contractor in writing or by sending an email to info@clara-anima.com.
8.2. The Contractor has the right to unilaterally terminate this Offer if the provision of Services is impossible due to objective reasons.
8.3. The Contractor has the right to unilaterally refuse to provide the Services or suspend their performance in the event of a significant violation by the Customer of the terms of this offer and/or the concluded Agreement.
9. INTELLECTUAL PROPERTY
9.1. All exclusive rights to content and materials posted on the Site, namely the Contractor’s intellectual property in the form of texts, images, drawings, photographs, graphs, videos, programs, sounds, user interfaces, logos, trademarks, computer codes that are the content The site, consultations and/or posted on the Site belong to the Contractor and are objects of its intellectual property.
9.2. By using the Site, the Customer acknowledges and agrees that all content of the Site, in which the Content and materials of the Contractor are stored, as well as the structure of their content, are protected by copyright, trademark rights and other rights to the results of intellectual activity, and that these rights are valid and protected in all forms, in all media and in relation to all technologies, whether currently existing or subsequently developed or created. No rights to any content of the Site in which the Contractor’s Content and materials are stored, including, but not limited to, audiovisual works, text and graphic materials, computer programs, trademarks are transferred to the Customer as a result of using the Site and the conclusion of the Agreement.
9.3. The texts of e-mail letters received during the Newsletter, trademarks, logos, commercial names, other methods of individualization, any texts, images, other copyright objects posted on the Site are the property of the Contractor, and accordingly, the use of these objects without consent of the Contractor.
9.4. Without the written permission of the Contractor, any modification, copying, distribution, republication, creation of derivative works, transfer, sale, or licensing of the Content is prohibited.
10. PROCEDURE FOR TRANSFERING INFORMATION TO ROSKOMNADZOR
10.1. Due to the fact that the Customer independently places Advertising Materials, the Parties have established that the Customer independently transmits the necessary information to 9.7. Unified Register of Internet Advertising (ERIR), taking into account the requirements of the Federal Law “On Advertising” dated March 13, 2006 N 38-FZ, within the established time frame and volume.
10.2. All possible expenses for paying for the services of the Advertising Data Operator (ADO) are paid by the Customer.
11. VALIDITY OF THE OFFER
11.1. The period for accepting an offer is limited by the presence of the offer on the Site.
11.2. An agreement concluded through acceptance of the Offer comes into force from the moment of acceptance and is valid until the Parties fully fulfill their obligations.
11.3. Recognition by the court of the invalidity of any provision of this Offer does not entail the invalidity of the remaining provisions.
12. OTHER PROVISIONS
12.1. All disagreements that arose during the execution of the Offer, in connection with it or as a result of its execution, the Parties shall resolve through negotiations. The claim procedure is mandatory. The deadline for responding to a claim is 20 calendar days.
12.2. If the Parties do not reach an agreement, the dispute is referred to the court at the location of the Contractor (contractual jurisdiction).
12.3. On issues not regulated by this Offer, laws and other legal acts of the Russian Federation are subject to application, including relevant legal acts adopted by the constituent entities of the Russian Federation and local governments.
12.4. The Parties agreed to apply to the signing of documents constituting the content of electronic correspondence of the Parties, the rules on a simple electronic signature, considering the following addresses as such a simple electronic signature:
• for the Contractor: info@clara-anima.com; and
• for the Customer: the email address specified when filling out forms on the Site or specified in the correspondence of the Parties.
12.5. The Parties agreed to equate such simple electronic signatures to an analogue of a handwritten signature of the Parties, and documents in electronic form to analogues of documents on paper. The parties undertake to keep the keys of their electronic signatures confidential.
12.6. The parties acknowledge that all notices, communications, agreements, documents and letters sent using authorized email addresses may be used as written evidence in court.
12.7. The Parties have established that screenshots of the Parties’ correspondence by email, in a message in instant messengers, made using the details specified in clause 10.4 of the Offer in pursuance of the Agreement, are sufficient and acceptable evidence to confirm the facts specified in them.
This document is an official offer (public offer) to conclude an agreement for the provision of services by the Contractor, Private Limited Liability Company “Clara Anima OÜ”, to Customers (an unlimited number of individuals and legal entities, individual entrepreneurs and self-employed people who have agreed to the terms of this Public Offer).
In accordance with Art. 437 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), this document is a public offer, and if the conditions set out below are accepted, the Customer, who accepts this offer, accepts the Services in accordance with the conditions, procedure and terms provided for by this Offer.
The Contractor asks you to take into account that the above actions constitute complete and unconditional agreement (acceptance) with this Offer in accordance with Art. 435 and 437 of the Civil Code of the Russian Federation, in connection with which the Customer is recommended to carefully read the text of this Offer (including amendments made over time), posted on the Site at https://clara-anima.com/ (hereinafter referred to as the Site), and in case of disagreement with the terms, do not accept the Offer.
An agreement concluded through acceptance of the Offer does not require bilateral signing, is considered concluded from the moment of its acceptance by the Customer and is valid in electronic form.
1. TERMS AND DEFINITIONS
1.1. For the purposes of this Offer, the following terms and definitions are used in the following meaning:
1.1.1 A website is a website located on the Internet at a unique address (URL): https://clara-anima.com/yandex# and is a collection of software, hardware and information intended for publication on the Internet. The site is available to all Internet Users.
1.1.2 Contractor – Private limited liability company “Clara Anima OÜ”, represented by authorized persons, administering the Site and which owns all relevant exclusive property rights to the Site, Content, rights to use domain and subdomain names of the Site.
1.1.3 Customer - any legal and capable individual or legal entity, individual entrepreneur, self-employed person who intends to purchase Services in the manner and on the terms provided for in this Offer, who has made Acceptance.
1.1.4 Offer – a public offer by the Contractor to conclude an agreement with the Customer on the existing conditions contained in the Offer, the text of which is published on the Site.
1.1.6 Acceptance - full and unconditional acceptance by the User of the terms of this Offer, which is a mandatory condition for the provision of Services. Acceptance of this Offer is the implementation of all of the following actions in total:
• familiarization of the Customer with the terms of the Offer;
• filling out the Application form;
• payment of the invoice to replenish the advertising budget.
The Customer understands that Acceptance of the offer in the manner specified in clause 1.1.5 of the offer is tantamount to concluding an Agreement on the terms set out in the offer.
1.1.6. Services – paid services of the Contractor for managing the Customer’s advertising campaigns.
1.1.7. Advertising materials – any objects, including in electronic form, including graphic, text, audio, video and mixed materials containing an extended description of the Customer’s product or service.
1.1.8. Advertising campaign is the implementation of a set of planned activities for the placement of the Customer’s Advertising Materials on Internet resources.
1.1.9. Internet resource is a collection of tools and information intended for publication on the Internet and displayed in certain text, graphic or audio forms. An Internet resource has a unique email address (name) that allows you to identify the Internet resource and access it.
1.1.10. Reporting period - a calendar month during which the Contractor provides services to the Customer on the basis of this Offer.
1.1.11. Yandex.Direct is a tool for placing contextual advertising on the pages of Yandex.ru and on sites participating in its advertising network, located at https://direct.yandex.ru/.
1.1.12. Yandex.Market is a tool for placing goods on the trading platform http://market.yandex.ru.
1.1.13. The Contractor's advertising account is a part of the Contractor's software, located on Yandex.Direct and other Internet resources, through which services are provided, including interaction between the Parties.
1.1.14. Cashback is a reward (premium) paid to the Customer in connection with the placement of an Advertising Company in the Contractor’s Advertising Account. Cashback is calculated as a percentage of the Customer's advertising budget. The amount of Cashback is established by the parties in Appendix No. 1 to this Offer.
1.1.15. Advertising budget – the total amount of payment for the Advertising Campaign for one reporting period, paid by the Customer on the basis of the Contractor’s invoice. The advertising budget is intended for broadcasting advertising materials on Internet resources. The cost of the advertising budget is set based on prices (tariffs) for the Yandex.Direct, Yandex.Market, Yandex.Directory and other Yandex services.
1.1.16. Application Form - an html form filled out by the Customer on the Site to be able to use the Services.
1.1.17. Content and materials - any objects of intellectual property of the Contractor posted on the Site in the form of texts, images, drawings, photographs, graphs, videos, programs, sounds, interfaces, logos, trademarks, computer codes, which are the content of the Site, and/or posted on Website with the consent of the Contractor.
1.1.18. Personal data - information related directly or indirectly to the Customer (subject of personal data), voluntarily indicated by him when filling out forms on the site. The data is stored in the Contractor's database using services and programs that provide reliable protection from unauthorized access by third parties, and is subject to use exclusively in accordance with this Offer and the current legislation of the Russian Federation.
1.1.19. Mailing - automated sending of emails and messages by the Contractor to the Customer’s email address, to the Customer’s mobile phone number, messages in any instant messengers linked to the Customer’s mobile phone number.
1.2. If this Offer uses terms not specified in clause 1.1, they are subject to use and interpretation in accordance with current legislation and business customs prevailing on the Internet.
1.3. By accepting the offer, the Customer guarantees that he is familiar with, agrees completely and unconditionally, and accepts all the conditions set out in the text of the Offer.
1.4. The Offer does not require signing and sealing by the Parties, while maintaining legal force.
2. SUBJECT OF THE OFFER\
6.1. Upon completion of the provision of services or at the end of the reporting period for the provision of services, the Contractor sends to the Customer via electronic communication a signed Certificate of Acceptance and Delivery of Services Rendered (hereinafter referred to as the Certificate) in the form agreed upon by the Parties in Appendix No. 2 to this Offer.
6.2. The Customer is obliged to sign the Certificate within 5 (five) working days from the date of receipt of the Certificate, certify it with a seal (if any) and send one copy of the Certificate to the Contractor, or send written reasoned objections regarding the quality and results of the services provided.
6.3. If the Customer does not sign the Certificate within 5 (five) working days and does not provide a written reasoned refusal during this period, the Certificate is considered signed by the Customer, and the Services are recognized by the Parties as provided properly, in full and on time.
7. RESPONSIBILITY OF THE PARTIES
7.1 For failure to fulfill the conditions stipulated by this Offer, the Parties are liable in accordance with the norms of legislation in force in the territory of the Russian Federation.
7.2 If the Customer violates the deadline for payment for services provided, the Contractor has the right to demand from the Customer, and the Customer is obliged to pay a penalty in the amount of 0.2% (zero point two percent) of the unpaid cost of services for each day of delay.
7.3 Payment of a penalty does not relieve the Customer from the obligation to pay the cost of services provided.
7.4 The Contractor is released from liability in the absence of his guilt.
7.5 The total liability of the Contractor for any claim or claim in relation to the Offer is limited to the amount paid to the Contractor by the Customer, and if the Services are provided monthly - for the month preceding the filing of the claim. In this case, only actual damage can be recovered, but not lost profits.
7.6 The Contractor is not responsible for the Customer’s claims to the quality of the provision of Services related to the quality of functioning of the networks of Internet providers, hosting providers, the functioning of the Customer’s computer equipment, the actions of third parties and other circumstances beyond the control of the Contractor.
7.7 The Contractor is not responsible for technical deficiencies and failures, technical features of Internet resources, search and advertising systems, actions of the owners of search and advertising systems and for the actions of any third parties.
7.8 The Contractor is not responsible for the proper provision of Services under this Offer in the event of interruptions in the operation of the Customer’s website.
7.9 The customer is solely responsible for the content of advertising materials, for compliance of the content of advertising materials with the requirements of the legislation of the Russian Federation, for violation of copyright and related rights in relation to works included in advertising materials, for the legal legality of the use of logos, brand names and other objects of intellectual property and means of individualization in advertising materials, as well as for the absence in advertising materials of mandatory information provided for by the legislation of the Russian Federation. All property claims, including those of authors and holders of related rights, against the Contractor in relation to advertising materials must be settled by the Customer on its own and at its own expense.
7.10 Due to the fact that the Contractor cannot influence the proper fulfillment of obligations by Internet resources on which advertising materials are placed by the Customer, the Contractor is not responsible for violation of the procedure and timing of advertising campaigns by the specified Internet resources and does not reimburse the Customer for expenses incurred in losses associated with this. So, if the Advertising account is blocked due to the Customer’s violation of the requirements of the legislation of the Russian Federation on advertising, the Contractor does not refund the advertising budget.
7.11 If the content of the Customer’s advertising materials placed in accordance with the Offer was the basis for bringing any kind of claims, suits and/or sanctions against the Contractor, the Customer undertakes to independently and without involving the Contractor settle the claims that have arisen, including making the necessary payments for his set, and In this case, the Contractor has incurred any expenses and must compensate them in full.
7.12 In any case, the Contractor is not responsible for the quality of goods and services sold by the Customer.
7.13 The Customer is responsible for promptly informing the Contractor about changes in his details, including changes in the location address, postal address, contact telephone numbers and email addresses, and termination of powers of persons responsible for the interaction of the Customer with the Contractor.
7.14 The parties are released from liability for partial or complete failure to fulfill obligations under this Offer, if this failure was a consequence of force majeure circumstances (force majeure) that arose after the conclusion of this agreement (fire, flood, earthquake, as well as military actions, government regulations and state authorities and other circumstances beyond the reasonable control of the parties).
7.15 Force majeure circumstances include, in particular, but not only: natural disasters, wars, hostilities, embargoes, the declaration of a state of emergency, civil unrest, strikes, protests, fires, catastrophes, accidents, as well as the adoption by legislative, executive authorities, other competent bodies of laws, decisions, other regulations or failure by officials of state bodies to fulfill the duties assigned to them, which impede the fulfillment of the obligations of the Parties.
7.16 In the event of force majeure circumstances, the deadlines for fulfilling the obligations of the Parties are postponed for the duration of the force majeure circumstances.
7.17 In the event of force majeure circumstances, the interested Party must, within no more than 7 (seven) days, notify the other Party of their occurrence in any available way, including by email or using instant messengers, and take all possible and necessary measures to prevent or reducing the adverse consequences of these circumstances for both Parties. In case of failure to notify or untimely notification, the guilty Party is deprived of the right to invoke the occurrence of force majeure circumstances.
7.18 As evidence of force majeure circumstances, media reports, documents of chambers of commerce and industry, and other non-profit organizations of entrepreneurs are accepted.
8. TERMINATION OF OFFER
8.1. The Customer has the right at any time to unilaterally refuse the Contractor's Services and terminate the Agreement by sending a notice to the Contractor in writing or by sending an email to info@clara-anima.com.
8.2. The Contractor has the right to unilaterally terminate this Offer if the provision of Services is impossible due to objective reasons.
8.3. The Contractor has the right to unilaterally refuse to provide the Services or suspend their performance in the event of a significant violation by the Customer of the terms of this offer and/or the concluded Agreement.
9. INTELLECTUAL PROPERTY
9.1. All exclusive rights to content and materials posted on the Site, namely the Contractor’s intellectual property in the form of texts, images, drawings, photographs, graphs, videos, programs, sounds, user interfaces, logos, trademarks, computer codes that are the content The site, consultations and/or posted on the Site belong to the Contractor and are objects of its intellectual property.
9.2. By using the Site, the Customer acknowledges and agrees that all content of the Site, in which the Content and materials of the Contractor are stored, as well as the structure of their content, are protected by copyright, trademark rights and other rights to the results of intellectual activity, and that these rights are valid and protected in all forms, in all media and in relation to all technologies, whether currently existing or subsequently developed or created. No rights to any content of the Site in which the Contractor’s Content and materials are stored, including, but not limited to, audiovisual works, text and graphic materials, computer programs, trademarks are transferred to the Customer as a result of using the Site and the conclusion of the Agreement.
9.3. The texts of e-mail letters received during the Newsletter, trademarks, logos, commercial names, other methods of individualization, any texts, images, other copyright objects posted on the Site are the property of the Contractor, and accordingly, the use of these objects without consent of the Contractor.
9.4. Without the written permission of the Contractor, any modification, copying, distribution, republication, creation of derivative works, transfer, sale, or licensing of the Content is prohibited.
10. PROCEDURE FOR TRANSFERING INFORMATION TO ROSKOMNADZOR
10.1. Due to the fact that the Customer independently places Advertising Materials, the Parties have established that the Customer independently transmits the necessary information to 9.7. Unified Register of Internet Advertising (ERIR), taking into account the requirements of the Federal Law “On Advertising” dated March 13, 2006 N 38-FZ, within the established time frame and volume.
10.2. All possible expenses for paying for the services of the Advertising Data Operator (ADO) are paid by the Customer.
11. VALIDITY OF THE OFFER
11.1. The period for accepting an offer is limited by the presence of the offer on the Site.
11.2. An agreement concluded through acceptance of the Offer comes into force from the moment of acceptance and is valid until the Parties fully fulfill their obligations.
11.3. Recognition by the court of the invalidity of any provision of this Offer does not entail the invalidity of the remaining provisions.
12. OTHER PROVISIONS
12.1. All disagreements that arose during the execution of the Offer, in connection with it or as a result of its execution, the Parties shall resolve through negotiations. The claim procedure is mandatory. The deadline for responding to a claim is 20 calendar days.
12.2. If the Parties do not reach an agreement, the dispute is referred to the court at the location of the Contractor (contractual jurisdiction).
12.3. On issues not regulated by this Offer, laws and other legal acts of the Russian Federation are subject to application, including relevant legal acts adopted by the constituent entities of the Russian Federation and local governments.
12.4. The Parties agreed to apply to the signing of documents constituting the content of electronic correspondence of the Parties, the rules on a simple electronic signature, considering the following addresses as such a simple electronic signature:
• for the Contractor: info@clara-anima.com; and
• for the Customer: the email address specified when filling out forms on the Site or specified in the correspondence of the Parties.
12.5. The Parties agreed to equate such simple electronic signatures to an analogue of a handwritten signature of the Parties, and documents in electronic form to analogues of documents on paper. The parties undertake to keep the keys of their electronic signatures confidential.
12.6. The parties acknowledge that all notices, communications, agreements, documents and letters sent using authorized email addresses may be used as written evidence in court.
12.7. The Parties have established that screenshots of the Parties’ correspondence by email, in a message in instant messengers, made using the details specified in clause 10.4 of the Offer in pursuance of the Agreement, are sufficient and acceptable evidence to confirm the facts specified in them.
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