The Limited Liability Company "Laboratory 333" (ИНН\КПП 7723481884\772301001, ОГРН 5167746236345) offers legal entities, individual entrepreneurs and individuals to conclude this Service Agreement (hereinafter referred to as "Contract").
The unconditional acceptance of the Contract by the Customer is the commission of sequential actions:
1.1. Contractor (hereinafter referred to as «Marchelache») — limited liability company «Laboratory 333» (TIN\KPP 7723481884\772301001, OGRN 5167746236345).
1.2. The Customer (hereinafter referred to as "Company") is a legal entity, an individual entrepreneur, an individual who accepted the Contract.
1.3. Website is an Internet site hosted on the Internet at the address: https://marchelache.com.
1.4. The account is a set of Marchelache services aimed at promoting the Company's advertising on the Marchelache Website through a hardware and software complex hosted on the Website. A full description of the Account's services is posted on the Website.
1.5. Account Profile— a page with the Company's private personal data on the Site, through which the Account services are accessed and managed, as well as interaction with Site visitors and Marchelache.
1.6. The responsible person is an individual appointed by the Company and acting on his behalf when using the Account and interacting with Marchelache. The Company trusts the Responsible Person to perform all legally significant actions on his behalf within the framework of the Contract, including (but not limited to): Account usage, signing of documents, including located on the Account, by providing consent on behalf of the Company, registering the Company, creating a personal account profile, providing, receiving information and exchanging documents with Marchelache and other necessary actions.
1.7. Registration — filling out and sending an electronic form on the Website.
1.8. Authentication data— the unique login and password of the Company used to access the Account profile. The email address specified during Registration is used as the login.
1.9. Tariff — the cost of promotion services for the Account set by Marchelache. The Account promotion services available under the tariff depend on the Tariff chosen by the Company. The list of available tariffs is available on the Website at rates.
1.10. The reporting period is the period of service provision, which is determined by the selected Tariff.
1.11. The person placing the advertisement — the person on whose behalf the advertisement is placed on the Marchelache Website, specified in the personal Account profile.
1.12. The Company page is a page created for the Company on the Marchelache Website through a personal Account profile.
1.13. Legislation legislation in force on the territory of the Russian Federation.
1.14. Deposit (virtual wallet) — the amount of Credits on the Company's virtual account that the Company can dispose of. The deposit is displayed in the personal profile of the Account.
1.15. Credit is a virtual conditional unit that is credited to the Deposit (virtual wallet) in the personal Account profile. Credits are used by the Company to pay for targeted impressions on the Site. 1 (one) Credit is equivalent to 1 (one) to the Russian ruble.
1.16. Entry— informational message created by the Company in the Account profile and published in the Blog. The recording may include text, graphics, audio, video and other materials.
1.17. The Blog is a part of the Company's Page where the Company can publish Entries using a personal Account profile.
1.18. Targeted display — a one-time display of a Record to a Site visitor in an Advertising space in accordance with the targeting Settings. The records for which Targeted Impressions occur are selected by the Company in the personal profile of the Account.
1.19. Advertising space — a place on the Site where a Targeted display of a Record can occur. Advertising spaces are determined by Marchelache.
1.20. Targeting Settings — requirements for Targeted impressions that the Company sets in the personal Account profile for Recording. Targeting settings can include: Target Audience, Budget, and the period during which Targeted Impressions should occur. Targeting settings are set for each record separately.
1.21. The target audience is the part of the Site visitors that the Company chooses for the Targeted display of the Record. The target audience is determined by the attributes available in the personal profile of the Account.
1.22. Budget — the amount of Credits to which the number of Targeted impressions of the Record is limited. The budget is determined by the Company.
2.1. In accordance with the terms of the Agreement, Marchelache provides the Company with access to the Account in accordance with the Tariff chosen by the Company through the Website, and the Company undertakes to accept and pay for the services of Marchelache.
2.2. From the moment of acceptance, the Company is considered to have read and agreed to the Contract and entered into contractual relations with Marchelache.
2.3. The contract does not require a bilateral signature and is valid in electronic form.
2.4. The Company's access to the Account is carried out via the Internet. Providing the Company with Internet access is not the subject of this Agreement and is not part of the obligations of Marchelache under the Agreement.
3.1. The Company's access to the services is provided for a period equal to the validity period of the Tariff chosen by the Company.
3.2. The provision of services under this Agreement begins no later than the next business day from the date of receipt of funds to the Marchelache settlement account.
3.3. Using the Company's personal Account profile , it is prohibited:
3.3.1. Use (post) materials, content that violate the requirements of the Law, the rights and interests of third parties;
3.3.2. To carry out mass mailing of commercial, advertising and other electronic messages not agreed upon (not requested) by the recipient of information by e-mail or to teleconference groups through Marchelache technical resources (spam). It is not considered spam to send information with the consent of the recipient, if it is possible to unsubscribe. Electronic messages are understood as messages sent by e-mail, via messengers and other similar means of information exchange;
3.3.3. Sending spam through resources that do not belong to Marchelache, if the message contains coordinates (website address, email address, etc.) supported by Marchelache;
3.3.4. Take actions aimed at disrupting the operation of the software and hardware complex, through which access to the personal profile of the Account is provided, including obtaining unauthorized access to the Account and its source code, Marchelache servers, as well as to any data located in thenbsp;software and hardware complex Marchelache;
3.3.5. To modify the software through which access to the Account is provided, including changing, decompiling, disassembling, decrypting and performing other actions with the object code of the software;
3.3.6. Use access to the Account in a way not directly provided for in the Contract;
3.3.7. Distribute, copy or otherwise make public the software through which access to the Account is carried out;
3.3.8. Attempt to circumvent technical limitations in the software through which access to the Account is carried out;
3.4. The Company guarantees that through its personal Account profile it places (uses) materials (information), the exclusive rights to which belong to the Company. The Company guarantees that the information posted on the Company's page, as well as in the Company's advertising layouts, is reliable and meets all the requirements stipulated by Law.
4.1. The cost of Marchelache services is determined by the Tariff chosen by the Company. Payment is made by making an advance payment in the amount of 100% (one hundred percent) of the cost of the selected Tariff. The cost of services includes 20% VAT. Marchelache, at its discretion, has the right to provide discounts to the Company on the Account, which is confirmed by issuing a corresponding Company invoice to Marchelache.
4.2. The universal transfer document (hereinafter referred to as the "UPD") is placed in the personal profile of the Account or sent to the Company's email address specified for receiving accounting correspondence. At the request of the Company, the original UPD is sent by Russian post to the address specified by the Company. The Company is obliged to review the UPD within 3 (three) calendar days from the date of posting in the personal profile of the Account or sending it by e-mail. If no written reasoned objections are received from the Company within the specified period, the UPD is considered signed and the services accepted. After 3 (three) calendar days, the Company's claims regarding deficiencies, including in terms of quantity and (or) volume, cost and quality, will not be accepted.
4.2.1. If the number of visitors to the Company's Page during the Reporting period of using the Account is greater than or equal to the number of visitors stated in the Tariff, the UPD is placed in the Personal Account or sent to the email address.
4.2.2. If the Company has been extended access to the Account in accordance with clause 4.9.1. 1 of the Agreement, the UPD is placed in the personal profile of the Account or sent to the email address after a month of granting access to the Account without charging an additional fee.
4.3. The cost of services is paid in rubles of the Russian Federation by payment to the Marchelache settlement account on the basis of the generated invoice or by payment using the payment systems specified on the Website using the Company's corporate bank card. The full list of payment methods is available in your personal Account profile. The invoice for payment is available to the Company in the personal profile of the Account or can be sent to Marchelache to the email address.
4.4. The Company's obligation to pay is considered fulfilled at the time of crediting funds to the account of the payment system or to the settlement account of Marchelache.
4.5. The Company has no right to make payments under the Contract in favor of Marchelache from third-party accounts without obtaining the prior written consent of Marchelache.
4.6. The Company has the right to change the Tariff used through the Personal Account. The new Tariff comes into force after the end of the paid Reporting Period. In case of early termination of the Contract at the initiative of the Company, the paid cost of services is not subject to refund as a fee for cancellation of the Contract, except for the cases provided for in clause 4.9 of the Contract.
4.7. Expenses, including the bank commission for the transfer of funds by the Company, are borne by the payer.
4.8. If the payment of the Tariff is made by a third party, Marchelache has no obligation to provide the Company with access to the payer's Account. The Company undertakes to settle any claims made by the payer at its own expense.
4.9. Terms of refund:
4.9.1. If the number of visitors to the Company's Page during the Reporting period of using the Account is less than the number of visitors stated in the Tariff, the Company has the right to demand at its discretion:
4.9.2. The refund provided for in clause 4.9.1. of this Agreement is carried out within 10 (ten) working days from the date of receipt of the relevant written application from the Company. The application is sent to the Marchelache address specified in section 13 of this Agreement.
4.9.3. The provision of access to the Account services without charging an additional fee is carried out once. As a result of the provision of repeated access, the extension of the provision of Marchelache services without charging is not carried out, including upon the occurrence of the conditions provided for in clause 4.9.1. of this Agreement, the service is considered properly rendered, funds for the period used are not returned.
4.9.4. If within 60 calendar days the Company has not applied to Marchelache with a written request specified in clause 4.9.1. of this Agreement, the service is considered properly rendered, the UPD is placed in the Personal Account or sent to the email address.
5.1. The Company is obliged to:
5.1.1. Indicate reliable and up-to-date data related to the Company during Registration;
5.1.2. Read the instructions for granting access to the Account published on the Website at: https://marchelache.com/pages/rules;
5.1.3. Take all necessary measures to keep the Authentication Data secret, prevent third parties from accessing the Personal Account using Authentication Data;
5.1.4. Promptly notify Marchelache about the change of the Responsible Person, as well as about changes in the Company's details (including changes in the registration data specified in the Personal Account, legal address, bank details, CEO) by correcting the data in the Personal Account, as well as sending a corresponding written notification to the address of Marchelache specified in section 13 this Agreement.
5.2. The Company has the right to:
5.2.1. Appoint a Responsible Person independently and at its discretion;
5.2.2. Change the settings of the Personal Cabinet of the Business Account, edit the Company Page, fill out the blog, communicate with Site visitors;
5.2.3. Receive statistical information about the advertising campaign and the use of the services of the Business Account at the moment both to the email address specified during registration and in the Personal Account, including tracking the number of visitors to the Company's Page;
5.2.4. Receive technical support and advice from Marchelache during the validity period of the Agreement related to providing access to the Business Account.
5.3. Marchelache is obliged to:
5.3.1. Provide access to the Account in accordance with the terms of this Agreement and the selected Tariff;
5.3.2. Perform Targeted display of the Company's Records in accordance with the terms of this Agreement and Targeting Settings;
5.3.3. To carry out automated accounting of statistical data on the use of the Account, keep records of the number of visitors to the Company's Page and provide them to the Company through the personal Account profile or to the email address.
5.4. Marchelache has the right:
5.4.1. At any time, without notifying the Company, to modify the software and hardware complex through which access to the Account is provided, to make changes and improvements to the functional part and (or) to the design of the personal Account profile;
5.4.2. To back up the Company's data contained in the personal profile of the Account through which the Account is accessed, in order to prevent the loss of information;
5.4.3. In case of violation by the Company of one or more terms of the Agreement, suspend access to the Personal Account through which access to the Account is provided, and suspend the provision of services with all data stored in the Personal Account for the period until the violation of the terms of the Agreement is eliminated or until the termination of the Agreement;
5.4.4. After 1 (one) calendar month from the date of termination of the Contract, delete from the Marchel software and hardware complex in the personal Account profile, as well as all Company data without the possibility of their recovery;
5.4.5. To make technical or preventive interruptions in the operation of the Site without prior notice to the Company;
5.4.6. Refuse to register a Company if accounts with the same TIN or OGRN have already been created.
6.1. The software and hardware complex through which the Account is accessed is provided to the Company "as is" (as is). Marchelache is not responsible for problems that arise during the updating, maintenance and operation of the Personal Account, including compatibility problems with other software products, inconsistency of the results of using the personal Account profile with the Company's expectations, and the like.
The Company must understand that it is fully responsible for possible negative consequences caused by incompatibility of the software and hardware complex through which access to the personal Account profile is carried out with other software products installed on the Company's computer or other device. The software and hardware complex that provides access to the personal Account profile is not intended and cannot be used in information systems operating in hazardous environments or servicing life support systems in which a malfunction of the Marchelache software and hardware complex can endanger people's lives or cause large material losses.
6.2. Marchelache is not responsible for the inability to use the personal Account profile for reasons that depend on the actions or omissions of the Company or third parties.
6.3. Marchelache is not responsible if access to the personal Account profile is restricted due to the Company's lack of Internet access.
6.4. Marchelache makes every possible effort to ensure the normal operation of the software and hardware complex through which access to the Account is carried out, however, it is not responsible for non-fulfillment or improper fulfillment of obligations under the Agreement, as well as for direct and indirect losses of the Company, including lost profits and possible damage, including in result:
6.4.1. Illegal actions of Internet users aimed at violating information security or the normal functioning of the hardware and software complex through which access to the Account is carried out;
6.4.2. Interference of state and municipal bodies, as well as carrying out operational search activities;
6.4.3. Establishment of state regulation of the economic activities of commercial organizations on the Internet and/or one-time restrictions that make it difficult or impossible to fulfill the Contract;
6.4.4. Other cases related to the actions or inaction of Internet users and /or other entities aimed at worsening the general situation with the use of the Internet and (or) computer equipment that existed at the time of the conclusion of the Contract.
6.5. Marchelache is not responsible if the Authentication Data has become known to third parties.
6.6. Marchelache is not liable if, when providing services under this Agreement, the Company violates the guarantees provided for in clause 3.4. of the Agreement. In this case, the Company is obliged to independently and at its own expense resolve all claims in connection with such a violation, as well as compensate Marchelache for losses caused by such a violation.
6.7. In case of claims by third parties to Marchelache caused by illegal actions of the Company in the provision of Account services, the Company independently settles the disputes that have arisen and bears independent responsibility to these persons.
6.8. In case of violations of the terms of this Marchelache Agreement, the liability of Marchelache is limited to the amount of the cost of services paid by the Company.
7.1. Marchelache collects and processes the personal data of the Responsible Person in order to fulfill the Contract.
7.2. When registering, the responsible person consents to the processing of his/her personal data specified by him/her during Registration, including the following data: surname, first name, patronymic, telephone number, e-mail address.
7.3. The responsible person agrees to:
7.4. This consent is valid indefinitely, the period of storage of personal data of the Responsible person is not limited.
8.1. Marchelache is the legal owner of the trademarkMarchelache.ru everything about pets, everything for pets" (hereinafter - "Trademark"), which is confirmed by the Certificate of State Registration No. 742575 dated January 17, 2020.
8.2. Marchelache grants the Customer the right to use the Trademark on the Internet in order to inform customers about the creation of the Company's Page on the Website.
8.3. The right to use the Trademark is granted to the Customer for the duration of this Agreement.
9.1. The Parties shall establish a mandatory pre-trial claim procedure. The deadline for consideration of the pre-trial claim is set by the Parties in 10 (ten) calendar days.
9.2. Disputes arising out of the Contract that are not settled in a pre-trial procedure are subject to consideration by the Arbitration Court of the city of Moscow.
10.1. The Agreement is valid until its termination on the grounds provided for by the Agreement or the current Legislation of the Russian Federation. The contract may be terminated in the following cases:
10.1.1. By agreement of the Parties;
10.1.2. At the initiative of Marchelache, unilaterally out of court with a preliminary written notification to the Company's email address 10 (ten) calendar days before the termination date.
10.2. In case of termination of the Contract before the end of the current Reporting period, the Parties undertake to repay all outstanding obligations under the Contract for the current Reporting period within 30 (thirty) calendar days from the date of termination of the Contract.
10.3. Marchelache has the right to amend the Agreement and its annexes unilaterally. Changes to the Agreement come into force on the day after posting on the Website, Tariff changes come into force from the next Reporting period.
11.1. The Parties recognize the interaction (including the exchange of documents) by means of a personal Account profile and by e-mail as generating legal consequences. Correspondence by means of a personal Account profile and by e-mail can be used by the Parties as evidence in court.
11.2. The Parties interact according to the details specified for Marchelache in clause 13 of the Contract, and for the Company in the personal Account profile.
12.1. Targeted impressions are made for the Records selected by the Company in accordance with the Targeting Settings that the Company sets in the personal profile of the Account.
12.2. Cost of 1 (one) The targeted impression is 1 (one) Russian ruble.
12.3. Targeted impressions are paid in Russian rubles on the terms of 100% prepayment in accordance with clause 12.6. of this Agreement.
12.4. The cost of Targeted Impressions is paid in rubles of the Russian Federation by payment to the Marchelache settlement account based on the generated invoice or by payment using the payment systems specified on the Website using the Company's corporate bank card. The full list of payment methods is available in your personal Account profile. The invoice for payment is available to the Company in the personal profile of the Account or can be sent to Marchelache to the email address.
12.5. The Company's payment obligation is deemed fulfilled at the time of crediting funds to the payment system account or to the Marchelache settlement account.
12.6. Within 3 (three) business days from the date of payment, Marchelache deposits the corresponding amount to the Deposit (virtual wallet) The company. From now on, the Company can use Credits for Targeted Impressions.
12.7. In order to receive Targeted Display services, the Company must select an Entry in its Personal Account, set Targeting Settings and give a command to launch Targeted Impressions. After these actions, the Budget selected by the Company is debited from the Deposit (virtual wallet).
12.8. The provision of Targeted Display services begins from the moment the Budget is debited from the Company's Deposit (virtual wallet).
12.9. The provision of Targeted Display services is possible only within the Budget, which does not exceed the Deposit (virtual wallet) The company.
12.10. The provision of Targeted Display services is possible only for the period during which the Company has access to the Account.
12.11. The Targeted Display Service is considered rendered at the moment when the Record is shown once to a Site visitor who is part of the Target Audience that the Company has selected in the Targeting Settings for this Record.
12.12. The Company may suspend the provision of Targeted Display services at any time using the personal profile of the Account.
12.13. If the Budget was not fully spent at the time of stopping the provision of Targeted Impressions, the Credits not spent on Targeted Impressions are credited to the Deposit (virtual wallet) Companies within 3 (three) days.
12.14. The Company guarantees that the Records in respect of which Targeted Display services are provided do not violate the exclusive rights of third parties, legal requirements, as well as the terms of the user agreement posted on the Website at: https://marchelache.com/pages/terms .
12.15. The Company may refund the money paid at any time if it has not been spent on Marchelache services. Marchelache makes a refund within 10 (ten) business days from the date of receipt of the relevant written application from the Company. The original application is sent to the Marchelache address specified in section 13 of the Agreement.
12.16. The UPD is posted in the Personal Account or sent to the Company's email address no later than 10 (ten) calendar days after the end of the Reporting period.
12.17. The Company is obliged to review the UPD within 3 (three) calendar days from the date of posting in the Personal Account or sending by e-mail. If no written reasoned objections are received from the Company within the specified period, the UPD is considered signed, and the Targeted Display services are accepted. After 3 (three) calendar days, the Company's claims regarding deficiencies, including the number and (or) volume, cost, and quality of services of Targeted Impressions, will not be accepted.
LLC «Laboratory 333»
ИНН\КПП 7723481884\772301001
Address: 119602, Moscow, Akademika Anokhina, 4, building 1, sq. 3
АО «ALFA-BANK» Moscow
БИК: 044525593
р/с: 40702810001300011492
корр/с: 30101810200000000593
Phone: +7 916 591-34-85
Email: laboratoria333@mail.ru
The User confirms that he is familiar with all the points of this Public Offer (contract for the provision of services) and unconditionally accepts them.
