Revised date: 08 June 2020.
This offer is an offer to conclude a license agreement for access to the paid functionality of the Site, namely, the use of the Site Services without restrictions on the number of consultations by Clients and without restrictions on the number of services provided by the User to the Clients, in the manner and on the conditions provided for in this offer (hereinafter - " Offer ").
The User agrees to the conditions set forth in the Offer, and accepts the Offer, concluding a license agreement for access to the paid functionality of the Site, conducting 11 (eleventh) and subsequent consultations of Clients in a calendar month or posting 6 (sixth) and subsequent services of the User on the Site, or payment for Paid Access (the Offer is accepted at the time of any of the specified Events, which occurred first). From the moment of acceptance of the Offer, a license agreement is concluded between the User and the Copyright Holder on the terms of the Offer.
This license agreement for the use of the Site Services without restrictions on the number of consultations of the Clients and without restrictions on the number of services provided by the User to the Clients (hereinafter referred to as the "Agreement") is concluded between:
(A) An individual who has reached 18 (eighteen) years of age, who has passed the Registration procedure in the system as a person providing consulting services to Clients on a paid basis, who has accepted the terms of the User Agreement for Specialists (hereinafter referred to as the "User" or "Licensee"), with one parties, and
(C) Individual entrepreneur Kibkalo D.A., registered and acting in accordance with the legislation of the Russian Federation, (OGRNIP): 311525416700011 (hereinafter - the "Copyright Holder" or "Licensor"), on the other hand, hereinafter collectively referred to as the "Parties", and separately "Party".
«Database» is a collection of data received by the Copyright Holder about the User's personal data, including information about the last name, first name, work experience and other data of the User specified in the Questionnaire, as well as statistical data on the number of consultations conducted using the Services, Clients' feedback on User and other data related to the search for the User, processed using an electronic computer (computer) and systematized so that these materials can be found and used by the Client through the use of the Site.
«Customer» (or also «Client») - an individual who has reached the age of 18 (eighteen) years, interested in receiving the User's consulting services and registered on the Site in accordance with the User Agreement for the Client (located in the public domain at https://cabinet.fm/en/content/terms).
«Paid access» - providing the User with the opportunity to use the Services in full, namely: without restrictions on the number of consultations conducted by the User to the Clients in a calendar month, and without restrictions on the number of services provided by the User to the Clients in a calendar month.
The cost of Paid Access (license fees) is stipulated in Section 2 of the Agreement.
«User» (or also «License») - an individual who has reached the age of 18 (eighteen) years, using the Site and providing consulting services to Clients on a paid basis, who has accepted the terms of the User Agreement for a specialist and posted his Questionnaire in order to search for Clients and provide them consulting services through the Site.
«User Agreement» - a User Agreement for Professionals concluded between the User and the Copyright Holder during Registration in the User's system (located in the public domain at https://cabinet.fm/en/content/terms).
«Registration in the system» - registration of the User on the Site, carried out to use the Services. When registering in the system, the User generates a login (name) and a Password to access the Account.
«Site» - software and its content located on the Internet on the domain "cabinet.school" and its subdomains.
«Services» - the functionality of the Site that is available to the User, namely: the ability to create a User Account, the ability to post a Questionnaire, the ability to make changes to the Questionnaire, the ability to delete the Questionnaire, the ability to create a personal User page containing a description of services, data from the Questionnaire, the ability to search Clients and sending them a link to the User's personal page, the ability to provide services to Clients through a personal video cabinet, synchronization of the service delivery schedule by the User with the User's google calendar, and other available functionality of the Site for consulting Clients on a paid basis.
«User Account»- a set of data about the User stored by the Copyright Holder, which is necessary for his identification and for providing access to the Services.
User Account - these are protected pages of the Site, created as a result of the User's Registration in the system, and containing information about the User, including, but not limited to, the User's phone number, the User's email address, the User's bank card details for transferring money, and other data necessary for execution of the Agreement. The User's Account also displays information about the User's services booked by the Clients, about payments made to pay for the User's services (based on the User's Service Price), links to the User's google-calendar, scheduled consultations of the Clients.
The Copyright Holder reserves the right to request any additional information and documents, including a copy of the passport, for the unique identification of the User.
1.1 The Rightholder grants the User a simple (non-exclusive) license to use the Services of the Site without restrictions on the number of consultations of the Clients in a calendar month and without restrictions on the number of services provided by the User to the Clients in a calendar month (Paid access), and the User undertakes to pay a fee (license fees) for Paid access provided.
1.2 Paid access to the use of the Site Services is provided by the Copyright Holder to the User from the moment the User pays the cost of the Paid Access (crediting the User's money to the Copyright Holder's account) and until the end of the calendar month in which the Paid Access is provided.
1.3 The relationship between the User and the Copyright Holder is governed by the Agreement, as well as the User Agreement, including, but not limited to, on the following issues: processing of personal data, liability of the Parties.
1.4 The Copyright Holder does not guarantee that: (1) Clients are really the people they claim to be, will pay for the User's services, and is not responsible for any possible damages caused to the User or other persons for this reason; (2) the software, servers and computer networks used by the Site are free from bugs and computer viruses. If the use of the Site resulted in the loss of data or damage to equipment, the Copyright Holder is not responsible for this.
1.5 Paid access provides the User only: (1) the opportunity to consult Clients in excess of 10 (ten) in a calendar month; (2) and placement by the User of the 6th (sixth) and subsequent services of the User on the Site to search for Clients.
2.1 After the User completes the Registration in the system and when the User conducts the 11th (eleventh) consultation with the Client or places the 6th (sixth) User's service on the Site, or pays the cost of Paid Access (according to an event that occurred earlier), Users have the right to use the Services of the Site on the terms of Paid Access with the payment of royalties to the Copyright Holder.
2.2 The monthly cost of Paid Access (license fees) includes a fixed part: 1,500 (one thousand five hundred) rubles per month and an interest rate of 1% of the cost of services provided by the User to the Clients using the Services and / or the Site.
2.3 The User pays for the Paid Access to the Copyright Holder in the following order:
2.3.1 fixed part of the license fee - 1,500 (one thousand five hundred) rubles - until the 11 (eleventh) consultation with the Client or the placement of the 6th (sixth) User's service on the Site or when the Paid Access option is activated.
The User makes the second and subsequent payments of the fixed part of the license fee by the 28th day of the month preceding the month of providing Paid Access;
2.3.2 percentage deductions of 1% of the cost of services (the amount of the Service Price) provided by the User to the Clients using the Services and / or the Site
- monthly in the month of using the Paid Access until the 10th, 20th and 28th of the month, from the cost of services (the amount of the Service Price) provided by the User to the Clients using the Services and / or the Site, from the 1st to the 9th (inclusive) (as well as for the previous month according to the next paragraph), from the 10th to the 20th (inclusive) and from the 21st to the 27th (inclusive), respectively;
- by the 10th day of the month, the User also pays a percentage of the cost of the services provided by the User to the Clients using the Services and / or the Site, from the 28th to the last day of the previous month of using the Paid Access.
For the purpose of unambiguous interpretation: percentages are calculated from the sum of the Prices of services provided by the User to the Clients using the Services and / or the Site.
2.4 The obligations of the Copyright Holder to provide the User with Paid Access are considered fulfilled in the proper volume, quality and order to the User, regardless of whether the User has requested and used the Paid Access functionality in the paid period.
2.5 After the first payment by the User of the cost of the Paid Access and entering the bank card details, the User instructs, and the Copyright Holder has the right to deduct the cost of the Paid Access (license payments) from the User's account in automatic mode until the User cancels the Paid Access.
Settlements between the User and the Client
2.6 The User independently sets on the Site the price of his services provided to Clients (hereinafter and earlier - the Price of Services).
2.7 All settlements between the Users and the Client are carried out through the payment banking service built into the Site.
2.8 The Client pays for the User's services within the terms indicated on the Site, in the amount of the Service Price through the payment banking service built into the Site. Receiving payment for services by the User from the Client through third-party tools, bypassing the payment banking service built into the Site, is a violation of the Agreement.
2.9 The price of services includes all applicable taxes and fees and commissions of the bank's payment service built into the Site.
2.10 The User independently bears the costs of transferring the Client's money to the User, including all bank fees for transferring the Client's payment to the User using the bank's payment service posted on the Site.
3.1 Copyright holder:
3.1.1 undertakes to provide the User with Paid Access in accordance with the terms of the Agreement;
3.1.2 undertakes to respond to User inquiries regarding technical and other support for working with the Site;
3.1.3 has the right to receive all the information necessary for the provision of Paid Access from the User: certificates and copies of the necessary documents, as well as receive full, detailed and reliable oral and written answers to questions. In its activities, the Copyright Holder will proceed from the information that was provided to him by the User and other sources of information agreed with the User, assuming by default its reliability;
3.1.4 has the right to unilaterally delete the User's Account and / or block the User's access to the Services and / or the Site in the event of one of the following circumstances:
184.108.40.206 violation by the User of his obligations set forth in the Agreement or User Agreement;
220.127.116.11 the User takes actions that violate the provisions of the Agreement or the User Agreement;
18.104.22.168 numerous (three or more) complaints of Clients against the User;
22.214.171.124 three times cancellation by the User of the services booked by the Clients less than 3 (three) hours before the start of the agreed time for the provision of services to the Client;
126.96.36.199 other unfair behavior of the User when using the Services and / or the Site.
In the event of one of the above circumstances and the Rightholder decides to delete the User's Account and / or block the User's access to the Services and / or the Site, the Rightholder sends the User a notice of violation of obligations and notifies the User about the deletion of the User's Account (blocking the User's access to the Services and / or Website).
3.1.5 The Copyright Holder has the right to require the User to confirm the data of the bank card with which the Paid Access was paid, and to request documents (in particular, identity documents) confirming the ownership of the bank card to the User. Failure to provide the above data is equated by the Copyright Holder to the provision of inaccurate information by the User and may result in a unilateral refusal of the Copyright Holder from the Agreement and termination of the provision of Paid Access to the User.
3.2.1 undertakes to pay for the Paid Access provided by the Copyright Holder in accordance with the terms of the Agreement;
3.2.2 comply with the terms of the Agreement and the User Agreement;
3.2.3 undertakes to provide the Copyright Holder with all reliable information and documentation necessary to provide Paid Access in accordance with the Agreement.
3.2.4 When paying for Paid Access, the User confirms and guarantees that he / she has provided accurate and complete information about a valid bank card issued in the name of the User; compliance by the User with the rules of international payment systems and the requirements of the issuing bank that issued the bank card with which the Paid Access was paid, including with respect to the procedure for conducting cashless payments; providing them with reliable and complete information about the electronic means of payment.
4.1 The Agreement enters into force from the date of acceptance of the Offer by the User and is valid until the Parties fully fulfill their obligations.
4.2 In the event that all financial obligations are fulfilled and the User deletes information about the bank card from the Account, the Agreement is considered terminated between the Parties (in the manner of the User's unilateral refusal to fulfill the Agreement).
4.3 Deletion of the User Account by the Copyright Holder in accordance with the terms of the Agreement means termination of the Agreement between the Parties (in the manner of unilateral refusal by the Copyright Holder to execute the Agreement).
5.1 The Rightholder is not a representative of the User, the Rightholder is not a representative of the Client, therefore he is not responsible for any relations (and their consequences) arising between the User and the Client, and also is not responsible for the obligations and relations that have arisen between the User and the Client. The latter enter into bilateral relations and bear independent responsibility within the framework of the law, and the Copyright Holder has nothing to do with them and is not responsible for them.
5.2 The Parties bear other responsibilities in accordance with section 5 "Liability" of the User Agreement.
6.1 The law of the Russian Federation shall apply to issues not settled by the Parties in the Agreement.
7.1 All disputes and disagreements that may arise from the Agreement, or in connection with it, including those concerning its execution, violation, termination or invalidity, will, if possible, be resolved through negotiations and consultations between the Parties, as well as by observing the mandatory claim procedure. The claim is sent by the Party to the Agreement to the other Party with the attachment of documents confirming the stated requirements / claims. The party that received the claim is obliged to respond to it within 7 (seven) days. If the Party that sent the claim does not receive a response after 7 (seven) days or receives a refusal to satisfy its claim, then the dispute that has arisen must be resolved in court.
7.2 Addresses for filing a complaint:
to the User's address according to the contact information specified during Registration in the system.
to the address of the Copyright Holder at the e-mail address specified in section 9 of the Agreement.
7.3 If the resolution of the conflict cannot be settled out of court, the Parties have the right to go to court.
8.1 Except as otherwise provided in the Agreement, nothing in the Agreement on the Site can be interpreted as granting any kind of license or other right in relation to the content of the Copyright Holder. All rights that are not expressly granted under the Agreement are reserved by the Copyright Holder and are protected by applicable law.
8.2 The Rightholder reserves the right to change or supplement the terms of the Agreement at any time and undertakes to take the necessary actions to properly notify the User in the following order:
On the date of adoption of the new version of the Agreement, post the new version of the Agreement on the Site in the section https://cabinet.fm/en/content/terms.
With each subsequent visit to the Site, before using the User's Account and providing services to Clients, the User undertakes to familiarize himself with the current version of the Agreement in the section https://cabinet.fm/en/content/terms.
The User is considered to have accepted the new terms of the Agreement upon the occurrence of one (any) of the following conditions: (1) The User continued to use the Site and the User's Account after the publication of the new version of the Agreement; (2) The User provides services to the Clients after the publication of the new version of the Agreement.
If the User does not agree with the terms of the new version of the Agreement, he stops using the Site after the Clients have completed all the consultations booked before the date of publication of the new version of the Agreement.
8.3 The Agreement takes precedence over other agreements between the User and the Copyright Holder on issues directly specified in the Agreement and its subject matter.
8.4 The Copyright Holder has the right to send any notifications and letters to the User to the User's e-mail address specified by him during Registration in the system. Email of the Copyright Holder email@example.com. The correspondence of the User and the Copyright Holder to the email addresses specified in this clause of the Agreement is legally significant within the meaning of Art. 165.1 of the Civil Code of the Russian Federation.
Notifications and letters sent by e-mail are considered received by the Party on the day following the day of sending such a message, regardless of whether the corresponding message was directly read by the Party. In this regard, the Party independently checks its e-mail and bears all risks associated with untimely verification of its e-mail address.
8.5 The Agreement is drawn up in Russian (RF).
8.6 Terms and definitions not specified directly in the Offer are used in the meaning specified in the User Agreement for specialists and the User Agreement for the Client, unless otherwise specified in the Agreement.
IE Kibkalo D.A.