PUBLIC CONTRACT (THE PUBLIC OFFER) about providing information services on the terms of advance payment (with LLC Winner Innovative Group)

Mosow

This contract about providing information services on the terms of advance payment (further Contract) defines relationship between Limited liability company WinNER Innovative Group represented by Bikuzin Yury Alexandrovich, who acting on the basis of Articles of Company and the individual who has accepted the public offer (offer) on the conclusion of the Contract (further "User").

1. The main terms and the concepts that used in the present Contract

1.1. Services - services provided by the WinNER under this contract.

1.2. System set of hardware-software means of Winner, allowing the User to access to Personal account to order services, and other actions allowed under the present Contract.

1.3. Website of WinNER - System section, presented on the Internet address:http://baza-winner.ru.

1.4. WinNER Base - System section presented in the form of the software intended to grant the user the information on real estate.

1.5. User - physical entity, unconditionally accepting all conditions of this Contract and using System for receiving services and payment for Services.

1.6. Personal Account - unique digital identifier of the user. One user can't have more than one Personal account.

1.7. Point of service of the User - one user`s login accout in the System.

1.8. Logging - procedure of introduction by the User the identification data and confirmation of it further authentification on in System.

1.9. Authorization process of providing the corresponding rights to the User in System by inputting the User identification data.

1.10. Identification data user`s data, which include login and password allowing uniguely define the User in System.

1.11. Login of the point of service - e-mail or mobile number of User, which input is required to access the Web Office of the User.

1.12. Password of a point of service - the password to access to the Web Office attached to login of a point of service of the User in System, which input is required to access the Web Office of the User.

1.13. Web Office of the User - the interface of a client part of the System, located on a site or in the System, allowing the User to administer the Personal account.

1.14. Movement of means - the summary information displaying data on operations with Personal account of the User for the entire period of its use.

1.15. Account balance - an indicator of cash means in Personal account of the User.

1.16. The reserved sum to pay for the service - an indicator of a condition of the Personal account, subtracted from Balance of Personal account at the order of services by the User.

1.17. Sum available to render Services - indicator of condition of Personal account expressed as the difference between Balance of Personal account and the reserved Sum.

1.18. Pre-paid Services - crediting of cash means to the Personal account of the User.

1.19. Payment for the Services ordered - write-off of cash means from the Personal account of the User at the moment of confirmation of the order for Services by the User.

When used in the text of the Contract terms and the concepts which values aren't defined in Section 1 are used, their value should be interpreted literally, according to the standard rules and norms.

2. Subject of the contract

2.1. This document is an official offer (the public offer) of WinNER and contains all essential conditions of service providing for this Contract.

WinNER gives the User to choose the following services:

  • Information service providing access to the information available to the WinNER offers for sale/rent real estate objects (further Information service) in the WinNER Base (further Program), according to prices of the WinNER.
  • Making Premium posts Service (Price Premium).
  • A Service of advertising, further Service the Advertisement line (Price Advertisement line).

The user carries out a pre-payment Services, payment of the ordered Services and can use them according to financial conditions and in the order provided by the present Contract and the description of WinNER's prices, placed on a website WinNER.

2.2. The order of pre-paid Services and payment of the ordered Services are presented in item 5 of the present Contract.

2.3. According to point 2 of article 437 of the Civil Code of the Russian Federation (CCRF), in case stated below conditions by pre-payment Services are accepted, the individual making the acceptance of this offer, becomes a User (according to point 3 of article 438 of CCRF the acceptance of the offer is equivalent to the entering into an agreement on the conditions stated in the offer.

2.4. The contract comes into force from the moment of advance payment of Services by the User, and operates before performance by the parties of the obligations, or before the termination of the period paid by the User. The fact of advance payment of Services means a full and unconditional consent of the User with conditions of the present Contract.

3. Personal account and point of service of the User

3.1. The personal account of the User

3.1.1. The personal account is a record in the System, stored basic information about the User, including Registration data from all points of service, and also information about operations of the User.

3.1.2. Financial attribute of Personal account of the User

  • The sum available to order services.

3.1.3. Creating a Personal account is done by independent User Registration of the User in the Program or by means of the specialist of the WinNER's support center, if the User calls by phone specified on a sitewww.baza-winner.ru.

3.2. The point of service of the user

3.2.1. The point of service represents is one registration record in System through which the User gets access to the ordered in Web-office services.

3.2.2. User can have more than one point of service.

3.2.3. Obligatory attributes of the point of service:

  • Login of the point of service;
  • Password of the point of service.

3.2.4. Two types of points of service:

  • The basic point of service;
  • Additional point of service.

3.2.5. The basic point of service has the following rights in the Web office:

  • The order and payment through the Web office;
  • Connection the points of service to WinNER's services;
  • Viewing of all points of service of the User;
  • Viewing of condition of personal account.

3.2.6. The additional point of service has the following rights in the Web office: viewing of condition of personal account.

3.3. Registration of a point of service.

3.3.1. Registration of a point of service is made by the User independently in WinNER System. Registration procedure is carried out by means of input by the User of the necessary data in corresponding fields of the Registration form.

3.3.2. Registration is considered executed after confirmation of the brought data by the User by entering the identification code, sent to the User of WinNER.

3.3.3. Assignment an additional point of service of the personal account of the User is based on the scan of letters from User in which Login and type of the point of service is specified.

4. The rights and obligations of the parties

4.1. WinNER is obliged:

4.1.1. To provide the User Service according to the present Contract ordered by the User through the Web Office (https://billing.baza-winner.ru/).

4.1.2. To appoint for User the personal account is perfectly in order, the established present Contract, on which WinNER is obliged to display in due time receipts of payments and write-off of means in fee.

4.1.3. To give the User opportunity of access to the Web Office.

4.1.4. To inform through the Internet (a site, the program) the User on change of prices by WinNER on Services not less than in 10 calendar days prior to the beginning of action of a new price.

4.2. WinNER has the right:

4.2.1. To change price, conditions and payment system, having informed the User not less, than in 10 days prior to introduction of the specified changes by publications on a site on the Internet, except for cost of the services ordered by the User before the publication of the notice which validity period yet didn't expire.

The user, knowing about possibility of such changes, it agrees that they will be made. If the User continues to receive Services after introduction of such changes, it means its consent with them.

4.2.2. Unilaterally to suspend access of the User to one, several or to all Services at once in following cases:

At the insufficient Sum available to rendering of services on Personal account of the User.

4.2.3. WinNER has the right to place information on offers on sale/rent of real estate objects. Choosing the program version, the User completely and unconditionally agrees with the above-stated condition.

4.2.4. WinNER has the right to place received information on offers on sale/rent of real estate objects from Users on other information platforms.

4.2.5. If the User within 180 days doesn't make the order of services, WinNER has the right to reduce the sum of money on User's Personal account, by the sum no more than available for rendering of Services, without the fact of rendering of services or return of money.

4.2.6. WinNER has the right, in case of return of payments to User, independently to choose concrete payments subjects to return, for calculation of the sum of direct costs suffered by WinNER on reception of these payments, and not subject to return.

4.2.7. WinNER has the right to refuse rendering of services to the User, in case of existence of the facts of resale of Services by this User to other Users.

4.2.8. WinNER has the right to refuse Service the Advertisement line, in case of discrepancy of the maintenance of the Advertisement line to requirements stated in theApp 3andApp 4of the present Contract.

4.3. The user is obliged:

4.3.1. To watch a condition and timely replenishment of Balance of Personal account in WinNER's System (Web Office).

4.3.2. To make pay for WinNER's services, according to item 5. the present Contract in organization (including in bank) with which at WinNER agreements on reception of payments are signed.

4.3.3. At interaction with WinNER User is obliged to name number of the personal account.

4.3.4. Advance payment isn't considered made by the User in the following cases:

  • If the User made payment through the organization (including bank) with which at WinNER the Contract on reception of payments therefore money didn't arrive into WinNER's account isn't signed, or arrived not in full. At commission of such payment the commission is paid for transfer by the User;
  • The user didn't specify number of the personal account.

After elimination by the User of the above-named shortcomings advance payment is considered made.

4.3.5. To keep secret all the Registration and Identification data of the Personal account. Otherwise WinNER doesn't guarantee execution of the obligations under the Contract.

5. Cost of Services, conditions of their granting, order of receiving and return of money

5.1. Cost of Services is defined by operating price for the moment of rendering of Services into account the VAT. Currency of operations on Personal account is the ruble of the Russian Federation. Types of service, ways of advance payment, prices are published on WinNER's "Internet resource"www.baza-winner.ru.

5.2. Bonuses given to User, within the limits of the chosen price, aren't subject to payment, and their maintenance, presence and quantity can be changed without the prior notification of User.

5.3. After advance payment receipt on the settlement account, WinNER increases Balance of the personal account of the User on payment sum.

5.4. Services can be rendered only at equal or big zero value of " Sum accessible to rendering of Services" Personal account of User that is checked by WinNER at the moment of the order of Services by the User through the Web office.

5.5. The user can receive some services at the same time.

5.6. Payment for Information Service and payment for service in Premium post of announcements, under the present Contract, is made by write-off of money from Balance of Personal account of the User at the moment of confirmation by the User of the order for Services.

5.7. The user through the Web office, using Login and Password of any of the Main points of service, makes the order of Information Service or Service in posting Premium announcements.

5.8. Payment for Service the Advertisement line, under the present Contract, is made by write-off of money from Balance of Personal account of the User by WinNER's operator according to the demand of the User.

5.8.1. The user by application to WinNER, makes the Service Advertisement line. Form and content of the demand are provided in the App 2 to this contract.

5.8.2. Demands for Service are accepted the Advertisement line in the working days 9:00 a.m. - 5:00 p.m. The publication occurs the next working day after successful check.

5.8.3. Submission of Demands for Change of the text in the Advertisement line is allowed not more often than once a day.

5.9. Return of money of the User is carried out in the size not exceeding the Sum available to rendering of Services.

5.10. Returning or transfering User's money to the third parties not allowed.

5.11. Returning User's money is made by WinNER minus the organization commission with which at WinNER agreements on reception of payments, and also minus the bank commission for carrying out payment on return of money are signed.

5.12. Returning money is carried out when granting by the User of the following documents personally or by mail:

) Application for return of money (App 1)

) The original of the payment document confirming the fact of advance payment of Services.

) In case of providing documents personally - the passport of the citizen of the Russian Federation and a copy of his first page. If the User isn't the citizen of the Russian Federation, it represents the document replacing passport of the citizen in the territory of the Russia.

) In case of providing documents by mail - only the notarized copy of the first page of the passport of the citizen of Russia, or the document replacing it in the territory of Russia if the User isn't the citizen of the Russian Federation is provided.

5.13. The address for providing documents on return of payments: Moscow, 125252, 14 Chapayevsky Pereulok, 3rd floor, WinNER company office.

5.14. Time for providing documents on return of payments: monday to friday 9:00 a.m. - 6:00 p.m., (lunch time: 1:00 p.m. - 2:00 p.m.), vigil 9:00 a.m. - 5:00 p.m. (lunch time: 1:00 p.m. - 2:00 p.m.).

5.15. Return of money to User is carried out on his bank account, named in the statement of the User on return of money.

6. Responsibility of the parties

6.1. WinNER doesn't bear responsibility for quality (completeness, reliability) information provided by owners of real estate objects or their representatives.

6.2. WinNER doesn't bear responsibility for the quality of rendered Service connected with quality of a communication channel, the technical equipment and the software of the User.

6.3. WinNER doesn't bear responsibility for damage caused by the User to the third parties, connected with use of information received from the User.

6.4. WinNER doesn't bear responsibility for damages, suffered by the User as a result of Service use.

6.5. WinNER doesn't bear responsibility for possible undesirable consequences for the User, arisen owing to using Service.

6.6. The user bears full responsibility for safety of the identification and Registration data, and also for losses which can arise because of unauthorized use of its Identification and Registration data.

6.7. In case of cancellation of the Contract at the initiative of the User, at diligent execution of obligations from WinNER, User's money not return.

6.8. Information transferred from WinNER to User isn't intended for resale, the publication (including on the Internet, mass-media, etc.) without the preliminary permission from WinNER. In case of infringement of the given point of Contract, WinNER reserves the right to itself to stop access of the User to the information irrevocably unused the User of money.

7. Force-majeure circumstances

7.1. The parties are relieved from responsibility for default or the inadequate performance of obligations, following of the Contract if the reason of default are the circumstances qualified by the legislation as "force majeure", that is the circumstances extreme and insuperable under existing conditions which have come after the conclusion of the Contract.

7.2. The party treated to action of such circumstances, is obliged to notify in writing immediately other Party on emergence, a look and possible duration of action of the corresponding circumstances. If this Party doesn't report about approach of the corresponding circumstance, she loses the right to refer to it unless such circumstance interfered with sending of such message.

7.3. Approach of the circumstances provided by the present article, under condition of observance of requirements of the present Contract, prolongs a date of performance of contractual obligations for the period which as a whole corresponds to period of validity of the come circumstance and reasonable term for its elimination.

8. Final provisions

8.1. If you need in change of contract provisions, including correction of price, WinNER undertakes to enter such changes only after period of validity of the Contract and to inform the User on changes no later than in 10 (Ten) calendar days prior to their introduction, by the publication of the relevant information on "Internet resource" (www.baza-winner.ru).

8.2. The parties use reasonable efforts to solve arising disagreements and the disputes connected with the present Contract, a way of negotiations. If impossible to resolve disagreements such way they are subject to consideration in arbitration court of Moscow in the order established by the law. For transfer of dispute to court it is necessary to make a written claim.

8.3. In all that it is not stipulated in the present Contract, the Parties are guided by the current legislation of the Russian Federation.

9. Addresses and bank requisites

WinNER: LLC WinNER Innovative Group
INN/KPP 7710656400/772001001
Address: 125252, Moscow Chapaevskyi pereulok 14
R/s 40702810500001028481
in Moscow department of Raiffeisenbank
BIK 044552603, K/s 30101810400000000603
Code for OKPO 98934697

to public contract
about providing information services
on advance payment
(with LLC WinNER Innovative Group)

Rules of posting advertising

1. The performer doesn't accept advertising, which:

  • statements for an inequality of people on sex, race, to nationality, religion, social status and property level;
  • has the insulting and/or pornographic contents, causes a panic or induces to violence;
  • misleads the user, including doubtful data on the goods/service;
  • doesn't correspond to current legislation requirements, including the law "About advertising".

2. It is not recommended to use superlative adjectives and comparisons with competitors in advertisement. If the comparison is used, the reference to the advertising material must lead to the advertiser`s website where this information is confirmed by researches of the third parties in accordance with the law On advertising..

3. Not recommended to include provocative, doubtful, ambiguous, menacing, sharp statements in the advertizing message. If you use them, is necessary link to page of your site where contains the same information. Similar statements will not accepted without link.

4. The page on the server on which the advertising link conducts, should open correctly in the browser and not contain errors of scripts and programs (giving out in the error message browser).

5. If according to the Performer, the advertising material is organized in such a manner that its source isn't clear and can be apprehended as information going from the Performer, the Performer has the right to demand, that the advertiser was specified directly on the most advertising material.

6. The performer doesn't accept to placement pre-election propaganda materials and political advertising.

7. The performer accepts to placement advertising of the goods and/or services only from direct participants of the market of real estate and/or from the companies directly accompanying work of participants of the market of real estate.

8. The performer reserves the right to reject any advertising material without explanation.

9. Observance of technical restrictions for advertizing materials is obligatory.

to public contract
about providing information services
on advance payment
(with LLC WinNER Innovative Group)

Requirements to advertizing and information materials

1. Requirements to advertisement line:

1.1. Advertisement line - it is a text form of placement of announcements.

1.2. Format of advertisement line:

1.2.1. The advertisement line consists of three parts located in the following order from left to right: prefix, suffix and domain name of a site of the Client.

1.3. The description of parts of an advertisement line:

1.3.1. Prefix - usual text;

1.3.2. Suffix - is the hyperlink, at a clique on it opens a new window of the browser in which the site of the Client is displayed;

1.3.3. Domain name - it is displayed as the usual text, but behaves as a hyperlink. At a clique on it opens a new window of the browser in which the site of the Client is displayed.

1.3.4. Technical requirements at placement of a logo of the Customer:

) size 26x26 pixel or 5226 pixel;

) format *.png, *.gif, *.jpg, *jpeg.

1.4. The line is formed as follows:

prefix + gap + suffix + gap + dash + gap + domain name of a site.

Example (the text in angular brackets is a hyperlink):

Estimate our new service. - baza-winner.ru.

1.5. Restrictions on a format of an advertisement line:

1.5.1. The total length of an advertisement line can't exceed 140 symbols.

1.5.2. The advertisement line surely should comprise three part (item 1. App . 4). All line can't be a hyperlink or the usual text.

1.6. The customer doesn't define parameters of display elements of a line, such as color scale, color of a background, the size and font type etc.

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