This Agreement regulates the relations between the Individual Entrepreneur Revenko Maria Mikhailovna (hereinafter referred to as the "Contractor") and the Internet user (hereinafter referred to as the "Customer") regarding the use of the Website. This Agreement is a public offer. Creating a Personal Account, the Customer undertakes obligations in accordance with the terms of this offer.
In this Agreement and its exhibits, the following terms will have the following meaning:
1. "Bloggers" are individuals, legal entities, individual entrepreneurs who provide services of making online advertising Web content (videos, articles, banners, posters, etc.), visiting, viewing or otherwise using the Website, including communication with a Customer(-s) to create online advertising Web content for their product or service.
2. "Web Content" is any content that is in public access on the Internet on Independent Platforms, and which can be accessed through the Website, including, among other things, layouts, designs, online articles and press releases, social media informational materials, third-party web postings related to the provision of the Services hereunder.
3. "Intellectual Property Rights" are all copyrights and other intellectual property rights for Web content regardless of the circumstances and methods of their occurrence, being registered, not being registered and/or being a subject to registration, including (unrestricted) patents, trademarks, service marks, brand names, rights for industrial designs, rights for databases and any applications for protection or registration of such rights, as well as all documents for term prolongation or extension of the scope of such rights in any country in the world.
4. "Internet" is a global information and telecommunication network connecting information systems and telecommunication networks of different countries through global address space based on the use of the Internet Protocol (IP) and Transmission Control Protocol (TCP).
5. "Personal Account" is a unique profile of the Customer, created last upon registration on the Website and through which the Customer and/or the Blogger posts up-to-date information about themselves, their advertising campaigns, advertising platforms (blogs), available services, performs communication and uses the Website in other ways.
6. "Independent Platforms" are independent Websites of networks (such as Instagram, etc.) that the Parties can access in the process of providing the Services and from which the Contractor and his/her independent suppliers, on behalf of the Subscriber, can extract information in the scope of the Services.
7. "Website" is a set of information and software contained in the information system, which ensures the availability of such information on the Internet at the following network address https://storiesgain.com, the rights to which belong to the Contractor.
8. "Financial terms" are the cost of the Contractor's Services under this Agreement, are an integral part of this Agreement, are posted on the Website.
9. "Electronic Account" is a personal balance of the Advertiser's funds in the Personal Account, recording statistical information about the calculations made, the services which were paid for to the Blogger, the amount of unused funds which are available for the Advertiser.
1.1. In accordance with the terms of this Agreement, the Contractor undertakes to provide the Customer with access to the Website on the Internet for the purpose of posting there Customer's advertising materials and/or requests for Web content creation for their further distribution by third parties (the Bloggers) (hereinafter referred to as the "Services"), and the Customer undertakes to pay for the services of the Contractor.
1.2. The type, amount, cost and periods of posting and/or creating the Web content, as well as other significant characteristics of posting and/or creating the Web content are formed by the Customer through the Website and their Personal Account.
1.3. The list of Services that the Contractor can provide through the Website:
and other Services in accordance with the Financial Terms.
1.4. By creating a Personal Account, the Customer confirms that he/she has read through with the terms of this Offer, Financial Terms, User Agreement and Privacy Policy.
2.1. In case in relation to the advertised products or goods (including work, services) for the production and (or) implementation it is required to obtain licenses or other special permits, as well as if the advertised products or goods (including work, services) are subject to state registration, mandatory certification or other mandatory confirmation of compliance with the requirements of technical regulations; the Customer is obliged to post this information in accordance with the Federal Law of the Russian Federation of December 12, 2002 No. 184-ФЗ "On Technical Regulation", the Federal Law of the Russian Federation of March 13, 2006 No. 38-ФЗ "On Advertising" and the Federal Law of the Russian Federation of August 8, 2001 No. 128- ФЗ "On licensing certain types of activities."
2.3. The Contractor undertakes to:
2.3.1. To provide the services established in section 1. of this Agreement in the period agreed by the Parties through the Website.
2.3.2. To provide the Customer with constant access to the Website and Personal Account.
2.3.3. To refund unspent funds from the Electronic Account to the Customer only on the basis of a written application via the feedback form on the Website or via sending a notification to the address specified in article 11 of this Agreement.
2.4. The Contractor has the right to:
2.4.1. To refuse to provide the Customer with the Services if the advertising materials contain the information:
2.4.1.1. Which is contrary to the requirements of the Federal Law of the Russian Federation of March 13, 2006 No. 38-ФЗ "On Advertising" and other legislative acts of the Russian Federation;
2.4.1.2. Which is not consistent with the ethical, political and thematic principles of media postings;
2.4.1.3. Which does not meet the requirements for the technical characteristics of a similar kind of advertising products.
2.4.1.4. In case of failure to accept advertising materials, the Contractor notifies the Customer about the refusal to post advertising materials upon the appropriate basis and suggests replacing the advertising materials or altering them in accordance with the specified requirements.
2.4.1.5. To temporary pause the provision of the Services in case of an overdraft balance of the Customer's Electronic Account and/or in case the Customer has provided insufficient and/or inaccurate data.
2.4.1.6. To notify the Customer about any additional terms for the provision of the Services hereunder, in particular about the technical terms of payment for the Services.
2.4.1.7. To make changes to the Agreement and/or Financial conditions and/or any other exhibits, supplements to the Agreement, as well as to notify the Customer of such alterations through the Website and/or sending a notification to the e-mail address and/or the phone number provided by the Customer upon the registration of the Personal Account.
2.5. The Customer undertakes to:
2.5.1. To make the payment in the manner and terms established by this Agreement and the Exhibits to the Agreement.
2.5.2. To comply with the regulations of the current legislation of the Russian Federation, the terms of this Agreement and all Exhibits and/or supplements thereto.
2.5.3. To provide accurate, complete and up-to-date data when registering a Personal Account, to keep it up-to-date, and as well to make alterations to personal data in the Personal Account no later than 2 (two) calendar days from the day such changes occur.
2.5.4. To personally monitor and read any alterations made by the Contractor to this Agreement and/or Financial terms and/or any other exhibits and/or supplements thereto.
2.5.5. To keep money in the Electronic Account and timely put the funds to the Account for the timely and full provision of the Services by the Contractor under this Agreement.
2.5.6. Prior to the posting of the Offer and/or advertising materials on the Website, it is necessary to preliminarily assess the legitimacy of such posting.
2.6. The Customer has the right to:
2.6.1. To refuse in whole or in part the services of the Contractor, notifying the latter no later than 7 (seven) days prior the probable date. In this case, the Parties shall draw up a common Act on provision of services, which reflects the actual volume of the services provided, their quality and their cost.
The Contractor returns to the Customer the unused funds no later than 14 (fourteen) banking days from the date of signing the common Act on the basis of a written application from the Customer to the Contractor's email.
2.6.2. To refuse unilaterally to perform the Agreement in case of a two-time or more unreasonable violation by the Contractor of the provision of services under this Agreement by sending a request for the removal of the Personal Account.
3.1. For the purposes of this Agreement, the Services provided by the Contractor under this Agreement are provided on the following terms:
3.1.1. The Customer through the Website posts an application for posting/creating the Web content (advertising materials) and/or sends such a proposal to the Blogger with a list of services, periods of their provision, the cost of such services and any other terms in relation to such application (hereinafter referred to as the "Offer") . The blogger also through the Website accepts or forms a new Offer with modified terms. In this case, the Customer must accept it on his/her part.
3.1.2. After acceptance of the Offer by the Blogger and/or the Customer, funds equal to the cost of the services of such accepted Offer, as well as the cost of the Contractor's services, are deducted from or reserved on the Customer's Electronic Account. The reservation period may not exceed 15 (fifteen) calendar days and be less than 24 (twenty-four) hours. The amount reserved includes the amounts due to the Blogger, as well as the cost of the Contractor's Services and the fees of the Payment System.
3.1.3. The Blogger posts the Web content only in the stories section of the Instagram platform on the Internet.
3.1.4. The provision of Services by the Contractor is performed automatically from the moment of signing this Agreement and registering a Personal Account of the Customer on the Website.
3.1.5. The Customer hereby confirms that it is impossible to request the cancellation of posting the Web content if the post has already been posted or in the process of being posted. After the Blogger created and/or posted the Web content agreed to in the Offer, the refund is not to be provided.
3.1.6. In case of disputes between the Blogger and the Customer, the Contractor is guided by the accepted Offer when making decisions. The terms of the Offer, allowing double interpretation, will be interpreted in favor of the Blogger.
3.1.7. The Contractor does not guarantee the compliance of bloggers' subscribers selected through the Website to the Customer's image of the Customer's target audience, as well as the compliance of the Bloggers selected through the Website to the Customer's expectations about the quality, quantity and relevance of the Bloggers followers.
3.2. The Customer hereby confirms that the Contractor does not give any guarantees or statements and is not a party to the contractual relations between the Blogger and the Customer, is not responsible for the performance by the Blogger or the Customer of any clause of the Offer, except for assistance in transferring the payment from the Customer to the Blogger in accordance with the Offer.
3.3. The transfer of funds to the Blogger is subject to the absence of objections from the Customer, comments to the blogger's performance of the terms of the Offer no later than 24 (twenty-four) hours from the date of its actual performance by the Blogger.
3.4. The Customer (a legal entity) hereby confirms that when the Offer is concluded with the Blogger, who is an individual, the Customer bears full responsibility for paying taxes and other payments established by the legislation of the Russian Federation for the cost of the Blogger's Services. In case both the Customer and the Blogger are individuals, the Blogger is solely responsible for paying all taxes and payments established by the legislation of the Russian Federation, for the cost of their services.
4.1. For the purposes of this Agreement, the reporting month is the calendar month of the year. Not later than the fifth day of the month following the reporting month, the Contractor shall form the Delivery and Acceptance Act for services provided in accordance with the form of Exhibit No. 1 to this Agreement, access to which the Customer gets through the Personal Account.
4.2. Not later than the tenth day of the month following the reporting month, the Customer, if he has objections to the Acceptance and Delivery Act of the services provided, must send them to the Contractor by e-mail specified in article 11 of the Agreement. In case the Contractor does not receive any objections to the Customer within the specified period, the relevant services of the Contractor are considered to be provided in full and properly.
If the objections of the Customer regarding the amounts in the Delivery and Acceptance Act of the services provided are justified, the Contractor shall, no later than three working days from the date the Customer receives the objections, send to the Customer email address specified upon the registration of the Personal Account, the updated Delivery and Acceptance Act of provided services. Objections to the updated Delivery and Acceptance Act of provided services the Customer has the right to declare no later than one working day following the day of receiving it, otherwise the updated Delivery and Acceptance Act of provided services is considered accepted by the Customer without remarks, and the relevant services of the Contractor are considered to be provided in full and properly.
If the Customer needs to sign the Delivery and Acceptance Act of the provided services in writing on paper, the Customer, after agreeing on the Delivery and Acceptance Act of the provided services in the manner prescribed by clause 4.1 and this clause of the Agreement, sends to the Contractor two copies of the Delivery and Acceptance Act signed by him/her. In this case, the Contractor shall, within three working days from the date of receiving from the Customer of the Delivery and Acceptance Act of the provided services on paper, sign it and send one copy of the Act to the Customer.
4.3. The Services upon assisting the transfer of money are considered to be provided in full at the moment of transfer of funds to the Blogger from the Customer's Electronic Account upon his/her instructions in accordance with this Agreement.
4.4. The basis for payment is a confirmed Offer by the Customer and the Blogger, in which the Parties have agreed on the essential terms, including, but not limited to, the timing, cost, order of posting and/or the procedure for creating advertising materials.
4.5. The report under this Agreement is the reporting information in the form of screenshots and/or other technical means of confirming that the Blogger has performed the terms of the Offer and confirmation of the transfer of funds to the Blogger by the Contractor.
5.1. The cost and payment procedure of the Services under this Agreement shall be indicated by the Parties in the corresponding Exhibits and on the Website.
5.2. All payments under this Agreement are made in Russian rubles. The cost of services of the Contractor is not subject to value added tax on grounds of the simplified taxation system applied by the Contractor.
5.3. The cost of the Services provided includes compensation for all costs (expenses) of the Contractor, as well as remuneration due to him.
5.4. For the purposes of this Agreement, the Parties have agreed on the following terms of payment of the Contractor's Services:
5.4.1. The cost of the Contractor's Services for providing the Website for posting the Offer is calculated from the total cost of the Offer, depending on the Financial terms chosen by the Customer when creating the Offer through the Website.
5.4.2. For an additional fee, the amount of which is specified in the Financial Terms, the Customer can also order services on creating and/or preparing advertising materials for their posting by the Blogger and/or preparing and performing an advertising campaign by the Blogger. At the same time, the Contractor shall not be liable for the Blogger's refusal to post such advertising materials, unless this refusal is related to the quality of such materials.
5.4.3. The customer can pay for the Services using the Yandex.Checkout payment system and/or by a bank transfer.
5.4.4. The Customer may advance future Offers by depositing funds to the Electronic Account prior to the conclusion of the Offer. If the amount of funds in the Customer's virtual account in the Personal Account on the Website (hereinafter referred to as the "Balance") will be more than 100,000 rubles. 00 cop., then the Customer's Offer will be displayed as active on the Website, and such funds will be used to pay for the services of the Blogger and the Contractor upon accepting the Offer. If the Customer's Electronic Account falls below 100,000 rubles. 00 cop., his Offers will be displayed as inactive on the Website. In case of termination of the Agreement and deleting the Customer's Personal Account, all unspent funds will be returned to the latter in full.
5.4.5. In case of withdrawal of funds from the Electronic Account if there's not a single launched and successfully accomplished advertising campaign, the commission for withdrawal of funds is paid by the Advertiser.
5.4.6. The customer at any time can access the information upon exact charges and write-offs in the Personal Account on the Website.
5.4.7. According to a separate written agreement and for an additional fee, the Customer entrusts the Contractor to create Offers and to conclude transactions on his behalf, while remaining responsible for transactions concluded in this way, Offers posted, and taxes paid.
5.5. The obligations to pay for the Contractor's Services shall be deemed fulfilled from the moment the funds are received on the Contractor's settlement account. Payment for the Services is carried out in the form of a 100% prepayment by transferring money to the settlement account of the Contractor and credited by the Contractor to the Customer's Electronic Account within 1 (one) working day from the date when the funds were received to the Contractor's settlement account and displayed in the Customer's Personal Account. The cost of the Services provided to the Customer is determined in the relevant Acts on provision of services. The Contractor keeps a register of cash flow and settlement operations of the Parties and provides the Customer with information on the Personal Account on the Website.
5.6. If the Customer is an individual, in order to fulfill payment obligations under the Agreement, in addition to the method of payment, in accordance with Article 4 of the Agreement, payment for the Services made by VISA, Visa Electron, EuroCard/MasterCard credit/debit card or other cards or methods, specified on the Website, is to be accepted. The choice and use of the payment method for the Services is made by the Customer at his own discretion and without any responsibility of the Contractor. Security, confidentiality, and other terms of use of the payment methods chosen by the Customer are beyond the scope of the Agreement and are regulated by contracts (agreements) between the Customer and the relevant payment systems.
5.7. For the purposes of this Agreement, the Customer instructs the Contractor to make mutual settlements with Bloggers in accordance with the agreed terms of the Offer by reserving and/or writing-off the funds from the Customer's Electronic Account to third parties.
The customer is notified of successful settlements through the Personal Account and/or the Website.
5.8. The Customer's use of the payment system connected to the Platform is subject to a separate Public Offer on the use of the YooMoney Payment Service, which the Customer undertakes to accept for sending money transfers to the Blogger (an individual).
6.1. For the purposes of this Agreement, the term "Confidential Information" means any information under this Agreement that has actual or potential value because it is unknown to third parties, not intended for wide dissemination and/or use by an unlimited number of persons that meets the requirements of current legislation.
6.2. The Parties undertake to secure the Confidential Information and take all necessary measures to protect it, including the case of reorganization or liquidation of the Parties. The parties hereby agree that they will not disclose and will not allow the Disclosure of Confidential Information to any third party without the prior written consent of the other Party, except in cases of unintentional and/or forced disclosure of Confidential Information due to force majeure circumstances or due to the requirements of the current legislation of the Russian Federation that have entered into force by court decisions of relevant jurisdiction or the legal requirements of the competent bodies of state authorities and administration, and provided that if any such disclosures occur (a) One Party is to notify the other Party in advance of such event relating to which it is necessary to disclosure the Confidential Information as well as about the terms and dates of such disclosure; and (b) the Party will disclose only that part of the Confidential Information, the disclosure of which is necessary by virtue of the application of the provisions of the current legislation of the Russian Federation, which came in force by the decisions of courts of relevant jurisdiction, or the legal requirements of the competent state authorities and administration.
6.3. The relevant Party to this Agreement is responsible for the actions (inaction) of its employees and other persons who have obtained access to the Confidential Information.
6.4. For the purposes of this Agreement, "Disclosure of Confidential Information" means unauthorized by the relevant Party actions of the other Party, as a result of which any third parties obtain access to the Confidential Information. The disclosure of the Confidential Information as well is the inaction of the relevant Party which can be a failure to ensure an adequate level of protection of the Confidential Information and as a result a gain of access to such information by any third party.
6.5. The relevant Party shall be liable for losses that may be caused to the other Party as a result of disclosure of Confidential Information or unauthorized use of Confidential Information in violation of the terms of this article, except for the cases of disclosure of Confidential Information provided for in this article.
6.6. The transfer of Confidential Information is executed in a protocol that is signed by the authorized persons of the Parties.
6.7. Transmission of Confidential Information via open telephone and facsimile channels, as well as using the Internet without taking appropriate protective measures that satisfy both Parties, is prohibited.
7.1. For non-fulfillment or improper fulfillment of obligations under this Agreement, the Parties shall be liable in accordance with the current legislation of the Russian Federation.
7.2. In case of delay in any payments provided for in this Agreement, the Customer shall pay to the Contractor a penalty in the amount of 0.01% of the overdue amount for each day of delay. The accrual of penalties starts from the date of receipt by the Customer of a notice in electronic form from the Contractor about the beginning of penalties accrual.
Forfeits (penalties, fines) are accrued from the moment the Customer or the Contractor presents in writing the requirements for payment of the forfeits (fines, fines).
7.3. The Customer solely protects the Intellectual Property rights for the conveyed advertising information, is fully responsible for the contents of the advertising information, and, if necessary, provides the Contractor with the necessary permits.
7.4. The customer is responsible for the contents and compliance with the current legislation of the Russian Federation of the advertising material proposed for distribution, including, but not limited to, respect for the rights of holders of objects of exclusive rights (the intellectual property) included in the advertising material. All claims, including those of holders of Intellectual property rights to the Contractor regarding the contents of advertising material provided by the Customer, should be settled by the Customer on their own and at their own expense, and all documented losses and expenses incurred by the Customer (including actual damage).
7.5. In case of claims and/or lawsuits from the third parties to the Contractor, due to inaccuracy of the information provided by the Customer, violation of the rights of third parties using such information or trademarks (service marks) in advertising, the Customer resolves these claims and/or lawsuits on his own behalf and for his own account, and also undertakes to compensate the performer for the losses and expenses incurred by such claims/lawsuits.
7.6. The Contractor is not responsible for the failure/malfunction of the Website for technical reasons and/or by order of a state or local government and/or because of an emergency.
7.7. Subject to the timely payment of the Services, as well as the Customer's proper performance of the other terms of this Agreement, all Exhibits thereto, the User Agreement and the Privacy Policy posted on the Website (hereinafter referred to as the "User Agreement"), the Contractor guarantees that all payments to third parties will be transferred in a timely manner and in full.
7.8. The Customer guarantees that he has all the powers and also has all the Intellectual property rights to sign this Agreement and provide the Services upon it.
7.9. The customer confirms and guarantees that the Contractor is not responsible for the results of the advertising campaign and the posting of advertising materials by the Blogger.
7.10. The Contractor guarantees that his employees manually check the due dates of services provided by the Blogger to the Customer, as well as the volume of such services in 12 (twelve) and 23 (twenty-three) hours from the moment when the Blogger started fulfilling the terms of the Offer.
7.11. The Contractor hereby guarantees the return of funds to the Customer in case that, after accepting the Offer, the Blogger hasn't started providing services on his part. The Contractor hereby guarantees to the Blogger payment of funds in full, subject to the timely provision of services in the proper volume.
8.1. None of the Parties shall be liable to the other Party for non-fulfillment of obligations under this Agreement due to circumstances beyond the will and desire of the Parties and which cannot be foreseen or avoided, including, but not limited to, declared war, earthquakes, floods, fires and other natural disasters.
8.2. A certificate issued by a local authority or other authorized body is sufficient evidence of the existence and duration of force majeure circumstances.
8.3. A Party that does not fulfill his obligations must, within 15 days, send a written notice to the other Party about the obstacle and its impact on the fulfillment of obligations under the Agreement.
8.4. If force majeure circumstances last for 3 (three) consecutive calendar months and do not show signs of termination, this Agreement may be terminated by either Party by notifying the other Party.
9.1. Disputes and disagreements that may arise during the performance of this Agreement will, if possible, be resolved through negotiations between the Parties.
9.2. If it is impossible to resolve disputes through negotiations, the Parties, after the implementation of the procedure for pre-trial settlement of disputes provided for by law, submit them to the court of general jurisdiction at the location of the Contractor.
10.1. This Agreement enters into force for the Customer from the moment the Personal Account is created on the Website and is valid until the Customer deletes the Personal Account by sending an appropriate request to technical support.
10.2. Alteration of the essential terms of this Agreement and/or the Exhibits thereto and/or the Financial Terms may be made without notifying the Customer. In case the Contractor makes alterations to the Public Offer, such alterations take effect from the moment they are posted on the Website.
10.3. When signing this Agreement, exhibits, additional agreements, delivery and acceptance acts of services, the Parties may use EDS. The Copies of documents signed in this way will have the power of the originals.
The Parties are also entitled to request paper copies of the abovesaid documents for further physical signing and storage by sending a corresponding notification to the e-mail address of the Contractor specified in article 11 of the Agreement, and signed originals of the documents to the second Party. The other Party undertakes to return the signed documents no later than 3 (three) working days from the date of receiving them.
10.4. The Agreement can be terminated at any time:
10.5. The current edition of the Agreement is posted at https://storiesgain.com/site/public-offer/customer.
10.6. In case of a change in the details of one of the Parties (address, name, servicing bank), the latter is obliged to notify the other Party of the changes within a period not exceeding 2 (two) working days. Otherwise, the Party, not informed, shall not be liable for damages incurred in connection with this.
10.7. Neither of the Parties shall have the right to transfer its rights and obligations under this Agreement to third parties without the written consent of the other Party.
10.8. The Parties to this Agreement in relation to each other are independent parties. None of the provisions of this Agreement is intended to provide for the creation of a partnership or joint venture between the Parties, and neither Party shall act on behalf of the other Party or otherwise bind the other Party, or declare in its advertisements or otherwise the existence of such relations, or to present oneself in any other capacity that would indicate the existence of any such relations with the other Party or would suggest their existence.
10.9. The parties agreed that in relation to the amounts of payments under this Agreement, interest on the amount of debt under Article 317.1 of the Civil Code of the Russian Federation is not charged.
10.10. The Parties confirm that the text of this Agreement (including the Exhibits, Financial Terms, User Agreement and Privacy Policy) contains all the conditions agreed by the Parties relating to the subject of the Public Offer.