Public Offer for the Provision of Services
In accordance with Article 437 of the Civil Code of the Russian Federation (the “Civil Code”), this document constitutes an official public offer (hereinafter, the “Agreement”) of Individual Entrepreneur Artem Viktorovich Shevtsov (Primary State Registration Number (OGRNIP) 323774600702758), hereinafter referred to as the “CONTRACTOR,” and contains all essential terms for the provision of services.
Pursuant to paragraph 2 of Article 437 of the Civil Code, a legal entity or individual that accepts the terms set out below becomes the “CLIENT.” Pursuant to paragraph 3 of Article 438 of the Civil Code, acceptance of the offer is equivalent to concluding a services agreement on the terms set out in the OFFER (hereinafter, the “AGREEMENT”).
In view of the foregoing, please read the text of this Agreement carefully. If you do not agree with any provision of this Agreement, the CONTRACTOR invites you to refrain from using the services.
1. TERMS AND DEFINITIONS
1.1. Services – paid information and consulting services and other services rendered by the Contractor in the form of providing instructions, preparing documents, and conducting personal consultations.
1.2. Client – a person who has entered into the Agreement with the Contractor in its own interest or in the interest of the Relocating Person. Where this Agreement is concluded by the Client in its own interest, the Client is simultaneously the Relocating Person, or holds a notarized power of attorney from the Relocating Person confirming this fact.
1.3. Relocating Person (beneficiary) – an individual who is the direct recipient of the Services under this Agreement.
2. SUBJECT OF THE AGREEMENT
2.1. The Contractor undertakes to provide the Client with Services in accordance with the agreed Assignment and/or Tariff, and the Client undertakes to pay for such Services.
2.2. The list, scope, timeframes, and cost of the Services under this Agreement shall be established in the relevant Assignment and/or Tariff (an Annex to this Agreement), which forms an integral part of the Agreement.
2.3. The Services shall be rendered by the Contractor, its specialists, and/or specialists engaged by the Contractor.
2.4. The Contractor performs its obligations under the Agreement on the basis of its own methodological rules, recommendations, and developments, applying practical techniques and experience, theoretical knowledge and practical skills, and the application of best practices and examples.
2.5. The Services shall be rendered at the Contractor’s place of business.
2.6. The Services shall be rendered in the form of oral consultations, email correspondence, and the exchange of text and voice messages via messenger applications.
2.7. The Client’s unconditional acceptance of the terms of this Agreement shall be constituted by the Client’s registration on the website and/or payment for the services on the terms agreed by the Parties. Where the Parties have agreed on payment by installments, the Client’s unconditional acceptance of the terms of this Agreement shall be constituted by the Client’s payment of a partial installment.
2.8. This Agreement may be amended by the Contractor without any special notice. The new version of the Agreement shall take effect from the moment it is posted online at the address specified in this paragraph, unless otherwise provided by the new version of the Agreement. The current version of the Agreement is available at https://deutscheragent.ru. The Contractor recommends that the Client regularly review the terms of this Agreement for any amendments and/or additions. Continued use of the Site and/or the services after amendments and/or additions have been made to this Agreement shall constitute the Client’s acceptance of and agreement with such amendments and/or additions.
2.9. The Services provided by the Contractor are of an informational and consultative nature.
3. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR
3.1. The Contractor undertakes to:
3.1.1. Render the Services properly and in full, in accordance with the terms of the Agreement.
3.1.2. Take into account, to the maximum extent within its competence, the Client’s wishes.
3.1.3. Provide the Client with accurate information relating to the performance of its obligations under the Agreement.
3.1.4. Promptly inform the Client of the need to provide documents or information required for the Contractor to properly perform its obligations under the Agreement.
3.1.5. Instruct and advise the Client on matters relating to the subject matter of the Agreement.
3.1.6. Perform, on behalf of and in the interests of the Client and/or the Relocating Person, actions aimed at fulfilling its obligations under the Agreement.
3.1.7. Maintain the confidentiality of information received from the Client and/or the Relocating Person in the course of performing this Agreement.
3.1.8. Maintain the confidentiality of the Client’s (Relocating Person’s) personal data in accordance with the requirements of applicable law. The Contractor guarantees that all such personal data is required by the Contractor solely for the purpose of the full and timely provision of Services of proper quality.
3.1.9. Immediately notify the Client if it is unable to provide the Services under this Agreement.
3.1.10. Fully perform its obligations set out in the other provisions of the Agreement.
3.2. The Contractor shall be entitled to:
3.2.1. Request from the Client, and receive, any information and documents necessary for the Contractor to properly and timely perform its obligations under the Agreement.
3.2.2. Engage third parties (notaries, translators, etc.) as necessary for the proper performance of its obligations under this Agreement and provide them with the confidential and other information received from the Client that is necessary for such performance. The Contractor shall not be liable for any unlawful actions of third parties in the course of rendering Services under the Agreement, but shall make every effort to protect the Client’s rights and interests.
3.2.3. Independently determine, based on its own knowledge and experience, the working procedures, methods, and means of rendering the Services in order to achieve the best possible results.
3.2.4. Give the Client (Relocating Person) recommendations regarding actions to be taken that are necessary to achieve the objectives of this Agreement (for example, actions aimed at obtaining a visa). The Contractor shall not be liable if the Services were not rendered, or were not rendered in full, due to the Client’s failure to follow the Contractor’s recommendations.
3.2.5. In the event of termination of this Agreement, retain funds paid for the portion of work already performed as of the date of termination.
3.2.6. Suspend or discontinue the provision of services at its discretion in the event the Client fails to meet payment deadlines, until such time as funds are received into the Contractor’s bank account, and also in the event the Client (Relocating Person) fails to fulfil its obligation to ensure the conditions necessary for the provision of the services.
3.2.7. Use the results of the services rendered – by way of reproduction, public display, and communication to the public – in its own portfolio (and the portfolios of third parties and engaged specialists) for advertising purposes and for the purpose of providing information about its own work and services, and for informational purposes. The foregoing right may not be transferred to third parties without the Client’s consent. Information referred to in this clause shall not be deemed confidential.
4. RIGHTS AND OBLIGATIONS OF THE CLIENT
4.1. The Client undertakes to:
4.1.1. Provide the Contractor, within the timeframes set by the Contractor, with the information, documents, and data necessary for the provision of the Services, in accordance with the list sent by the Contractor to the Client. The Client undertakes to provide complete and accurate data. Where the Client provides incomplete or inaccurate data, the Contractor shall not be liable for any resulting adverse outcome of the Services.
4.1.2. Promptly notify the Contractor of any changes to information relating to the subject matter of the Agreement and of any circumstances that hinder or render impossible the further performance of the Agreement.
4.1.3. Provide the Contractor with up-to-date contact details necessary for prompt communication with the Client.
4.1.4. Regularly check the email address provided for new messages from the Contractor.
4.1.5. Follow the Contractor’s recommendations in connection with the provision of the services.
4.1.6. Refrain from recording, distributing (publishing, posting on websites, copying, transferring, or reselling to third parties), for commercial or non-commercial purposes, the information and materials provided by the Contractor; refrain from creating information products based on such materials for profit; and refrain from using such information in any manner other than for personal use.
4.1.7. Refrain from providing the Contractor with the personal data of third parties without their consent, including home addresses, telephone numbers, passport details, and email addresses.
4.1.8. Reimburse the Contractor for the additional expenses referred to in clause 5.4 of this Agreement.
4.1.9. Provide, at the Contractor’s request, the contact details of relatives and/or friends.
4.2. The Client shall be entitled to:
4.2.1. Monitor the progress and quality of the services rendered by the Contractor, provided that the Client does not interfere with the Contractor’s activities or create additional obligations for the Contractor not provided for in this Agreement.
5. COST OF SERVICES AND PAYMENT PROCEDURE
5.1. The cost of the Services shall be determined by the Parties in accordance with the Assignment sent and/or the selected Tariff, and shall be paid at the exchange rate fixed on the date of payment. Bonuses and/or discounts may be established under the Tariff.
5.2. Unless otherwise agreed by the Parties in the Annexes, the Client shall pay for the Services in two stages:
5.2.1. Stage One – an advance payment of 25% (twenty-five percent) of the cost of the Services. The next payment within Stage One, in the amount of 25% (twenty-five percent) of the cost of the Services, must be made by the Client no later than 30 (thirty) calendar days after the first payment. The final payment within Stage One, in the amount of 25% (twenty-five percent) of the cost of the Services, must be made by the Client no later than 60 (sixty) calendar days after the first payment.
5.2.2. Stage Two – a payment of 25% (twenty-five percent) of the cost of the Services must be made by the Client no later than 90 (ninety) calendar days after the first payment.
5.3. The Assignment and/or Tariff and/or a Deposit Agreement may provide for the payment of a deposit by the Client. In such case, the Parties shall be deemed to have entered into a deposit agreement. If the Client is responsible for non-performance of the Agreement (the Client’s refusal of the Agreement, early unilateral termination), the deposit shall be retained by the Contractor.
5.4. Payment under this Agreement shall be made by the Client in non-cash form by transferring funds to the Contractor’s account using bank cards, bank transfers, or payment systems. To pay for the Services, the Contractor shall send payment details and/or individual payment links to the Client’s email address.
5.5. Payment may be made through an installment plan provided by a bank. In the event of early termination of this Agreement, the Client shall be required to reimburse the Contractor for the costs of such bank installment arrangement (commission, interest, etc.).
5.6. The cost of the Services under this Agreement is fixed and may not be unilaterally changed. If, in the course of performance of this Agreement, additional expenses arise in connection with the Client’s request for additional services not included in the agreed Assignment and/or Tariff, the Contractor shall send the Client a notice of additional payment specifying the list and cost of the additional Services, together with an individual payment link.
5.7. In the event of termination of this Agreement, the Client undertakes to pay the expenses actually incurred by the Contractor as of the date of termination. In the event of termination initiated by the Client, amounts already paid for the services shall not be refundable. Final mutual settlement between the Parties must be completed no later than 30 (thirty) calendar days from the date of termination of the Agreement.
5.8. The cost of the services may be denominated in Euros; payment may be made in another currency at the Client’s choice, with conversion performed at the internal exchange rate of the payment system chosen by the Client on the date of payment. All fees of the payment system chosen by the Client and all bank charges relating to currency conversion shall be paid by the Client. Where another currency is chosen, the amount to be transferred shall be calculated according to the formula: market exchange rate + 5% = amount to be transferred.
5.9. If the Client fails to make payment within the period established by the Assignment and/or Tariff, the Contractor shall be entitled to suspend work under the Agreement until payment is received. The Client shall be liable for any adverse consequences and additional costs associated with the suspension of work due to late payment. Value Added Tax (VAT) at a rate of 5% (five percent) shall apply to the cost of services in accordance with applicable law.
6. TERMS FOR THE PROVISION OF SERVICES
6.1. The Contractor shall commence the provision of services within 1 (one) business day of the Assignment and/or Tariff being agreed, all necessary documents and information that the Client is required to provide having been received, and payment having been received in accordance with the terms of this Agreement, its Annexes, and/or any Additional Agreements to this Agreement.
6.2. If the Client fails to provide documents or additional documents and/or provides inaccurate information, the provision of services by the Contractor shall be suspended, and the Contractor shall be entitled, but not obligated, to notify the Client thereof.
6.3. The services prepared and provided to the Client represent the Contractor’s professional, subjective opinion and are advisory in nature.
6.4. If, in the course of rendering the services, the Contractor requires additional information, data, documents, or materials, the Client shall promptly provide the relevant information, data, documents, and materials.
6.5. Confirmation of the fact that services have been rendered under this Agreement shall be the sending to the Client, by email or messenger, of messages, information, documents, or acceptance certificates. Services/results of services may be provided progressively as they are rendered, without requiring the Client’s separate consent thereto.
6.6. When messages, information, documents, or acceptance certificates are sent to the Client, the Client undertakes to accept the documents sent within 3 (three) business days of the date they are sent.
6.7. If the Client evades or unreasonably refuses to accept information, documents, or acceptance certificates, such documents and certificates shall be deemed signed, and the services shall be deemed accepted by the Client without objection, on the 4th (fourth) business day from the date of receipt. Objections raised by the Client after expiry of the period established by this Agreement shall not be accepted.
6.8. Where the Parties have agreed on advance payment for the services, the Contractor shall be entitled not to commence the provision of services until the Client has paid the advance.
6.9. The fact of the services being rendered, the timeframe for rendering the services, and the quality of the services rendered do not depend on the Client/Relocating Person obtaining a visa. The Contractor does not guarantee, and shall not be liable for, the Client’s/Relocating Person’s obtaining of a visa.
6.10. The Contractor may render additional services to assist in preparing documents for a repeat (third) visa application, for an additional fee.
6.11. Where services are rendered in the form of a call/meeting/videoconference, the date and time for rendering the relevant services shall be agreed by the Parties individually. Either Party may cancel/reschedule the date and time for rendering the relevant service by notifying the other Party no less than 24 (twenty-four) hours before the service is due to be rendered of its inability to render the Service through no fault of the other Party, and agree a new date and time for rendering the relevant service, which in any event shall be no later than 14 (fourteen) days from the originally agreed date and time. Where the Client cancels/reschedules the provision of services under this clause later than the time specified above, the service shall be deemed rendered by the Contractor and shall be payable. Where the Client is late for a service rendered in the form of a call/meeting/videoconference, the duration of the service shall be reduced by the length of the delay; the service shall nevertheless be deemed rendered provided there are no objections to the service itself. Where the Contractor is late for a service rendered in the form of a call/meeting/videoconference, the duration of the service shall be increased by twice the length of the delay; the service shall be deemed rendered provided there are no objections to the service itself.
7. INTELLECTUAL PROPERTY AND RESTRICTIONS ON USE OF THE WEBSITE
7.1. All materials and databases used and/or provided during the rendering of the services are objects of intellectual property.
7.2. The materials and databases belong to the Contractor.
7.3. The Client acknowledges and agrees that all materials and databases used in rendering the services are protected by copyright and other rights to the results of intellectual activity, and that such rights are valid and protected in all forms, on all media, and in respect of all technologies, whether currently existing or developed or created in the future. No rights to the materials or databases, including but not limited to text and graphic materials, shall be transferred to the Client as a result of receiving services under this Agreement.
7.4. The Client is prohibited from copying, modifying, altering, deleting, supplementing, publishing, or transferring the materials or databases used in rendering the services; from creating derivative works, manufacturing or selling products based on them; from reproducing, displaying, or otherwise exploiting or using such rights without the express permission of their owners; and from altering their content in any manner whatsoever.
8. WARRANTIES AND LIABILITY
8.1. The Contractor shall make every effort to properly prepare documents, but shall not be liable in the event of a refusal to grant the Relocating Person a visa, to open a bank account, or to provide accommodation, since resolution of such matters falls within the competence of the relevant authorities and agencies, whose decisions and speed of work the Contractor is unable to influence.
8.2. The Contractor shall not be liable for the Relocating Person’s attendance at, or successful completion of, an interview. The Contractor nonetheless undertakes to continue providing free-of-charge informational and consulting support after receipt of the second part of payment until the Client’s final relocation.
8.3. The Contractor shall not be liable for its inability to render the Services for reasons attributable to the Client or the Relocating Person, including: failure to attend an interview, a consulate, or other authorities where the Client’s (Relocating Person’s) personal presence is required; failure to provide original copies of required documents; and similar circumstances.
8.4. The Contractor’s aggregate liability under the Agreement shall in any event be limited to the amount paid to the Contractor by the Client. Only actual damages, and not lost profits, may be recovered from the Contractor.
8.5. No information, materials, and/or consultations provided by the Contractor in the course of rendering services under this Agreement may be regarded as guarantees. Decision-making on the basis of all information provided by the Contractor falls within the Client’s exclusive competence. The Client assumes full responsibility and risk in connection with the use of the information and materials provided by the Contractor in the course of performing its obligations under this Agreement.
8.6. For objective reasons beyond its will and control, the Contractor is not, and cannot be, liable to the Client for any outcome or result of a decision made by third parties, except where the Contractor has committed a gross violation of the procedure for handling documents submitted by the Client. Any opinions of the Contractor’s specialists or persons engaged by the Contractor regarding a possible outcome or result connected with third-party decision-making are, for objective reasons, merely reasoned assumptions and may not be used as the basis for any claims against the Contractor by the Client. Lost profits shall not be recoverable.
8.7. The Contractor shall be released from liability to the Client for all consequences connected with the Client’s provision of inaccurate information, documents, or other data, or with the failure to provide the same, or where such consequences are caused by the culpable acts of the Client or of third parties. The right to assess such actions shall belong to the Contractor.
8.8. The Client is advised that, in accordance with the legislation of the Russian Federation, the Contractor does not, and cannot, guarantee that any given third party will make a decision in the Client’s favor.
8.9. In the event of the Client’s late payment for the Contractor’s services, the Contractor shall be entitled to demand payment of a penalty in the amount of 0.1% of the overdue amount for each day of delay.
8.10. In the event of a breach of the obligation set out in clause 6.11 of this Agreement, the breaching Party undertakes to pay a penalty in the amount of the cost of the relevant service.
8.11. The Parties shall be released from liability for partial or complete non-performance of their obligations under this Agreement if such non-performance results from force majeure circumstances arising after conclusion of the Agreement as a result of extraordinary events that the Party could not have foreseen or prevented by reasonable measures. Force majeure events include: fire, flood, earthquake and other natural disasters, strikes, war and military operations, the entry into force of legal and regulatory acts, unlawful actions of officials and/or public authorities that directly affect performance of obligations under this Agreement, as well as urgent (unscheduled) hospitalization, documented accordingly. In the event of force majeure, the Parties’ obligations under this Agreement shall be deemed suspended until the force majeure circumstances cease.
9. TERMINATION OF THE AGREEMENT
9.1. The Agreement may be terminated early at any time by agreement of the Parties, or unilaterally out of court at the request of the Client or the Contractor. A request for termination of the Agreement must be sent by email. In the event of early termination of the Agreement, the Contractor shall provide the Client with a list of expenses actually incurred as of the date of termination and/or services actually rendered. Final mutual settlements upon termination of the Agreement shall be carried out by the Parties in accordance with the procedure established in clause 5.5 of the Agreement.
10. FINAL PROVISIONS
10.1. A court’s recognition of any provision of this Agreement as invalid or unenforceable shall not entail the invalidity of its other provisions.
10.2. The Parties agree that all correspondence between the Parties prior to the conclusion of this Agreement shall no longer have legal force. All arrangements between the Parties are set out in this Agreement and its Annexes.
10.3. Documents shall be exchanged between the Parties in electronic form. Correspondence between the Contractor and the Client by email shall be deemed official and shall have legal force.
10.4. All disputes and disagreements between the Parties shall be resolved through negotiation.
10.5. A mandatory pre-trial claims procedure applies to the Parties. The time limit for responding to a claim is 30 (thirty) calendar days from the date of receipt of the claim. The claim must be sent to the Party’s postal address.
10.6. If a dispute cannot be settled through negotiation, it shall be resolved in court in accordance with the applicable legislation of the Russian Federation.
10.7. In all other respects not provided for by the Agreement, the Parties shall be governed by the applicable legislation of the Russian Federation.
10.8. Any media materials provided by the Client, as well as other materials created with their use, may be used by the Contractor for marketing purposes.
10.9. Other materials and data that may be used by the Contractor for marketing purposes:
– A work/study contract from a German organization.
– A visa.
– Any materials, including emails, received at the Client’s email address created in connection with work under this Agreement.
11. DETAILS OF THE PARTIES
Contractor
Individual Entrepreneur Artem Viktorovich Shevtsov
Taxpayer Identification Number (INN): 312101696921
Primary State Registration Number (OGRN): 323774600702758
Contact information: Tel.: +7 993 629 4233
Email: artem.shevtsov@deutscheragent.com