PUBLIC OFFERfor the conclusion of a service agreementGeneral ProvisionsThis Public Offer contains the terms for the conclusion of a Service Agreement (hereinafter referred to as the "Service Agreement" and/or the "Agreement"). This Offer is considered an offer addressed to one or several specific individuals, which is sufficiently definite and expresses the intention of the offering party to consider itself as having entered into an Agreement with the addressee who accepts the offer.
The actions specified in this Offer confirm the agreement of both Parties to enter into a Service Agreement on the terms, in the order, and to the extent set out in this Offer. The text below is the official public offer of the Performer addressed to interested parties to conclude a Service Agreement in accordance with the provisions of Article 2, Clause 437 of the Civil Code of the Russian Federation.
Terms and Definitions:- Agreement – the text of this Offer with Appendices, which is an integral part of this Offer, accepted by the Customer through conclusive actions as provided in this Offer.
- Conclusive actions – behavior expressing agreement with the counterparty's offer to conclude, amend, or terminate a contract. Actions consist of fully or partially fulfilling the conditions proposed by the counterparty.
- Performer's Website on the Internet – a set of programs for electronic computers and other information contained in an information system accessible via the Internet under the domain name and network address: ttps://smokeandfood.com/
- Contracting Parties (Parties) – the Performer and the Customer.
- Service – a service provided by the Performer to the Customer under the terms and conditions established by this Offer.
Subject of the AgreementThe Performer undertakes to provide the Customer with services, and the Customer undertakes to pay for them in the amount, manner, and timeframe specified in this Agreement.
The name, quantity, procedure, and other conditions for the provision of services are determined based on the information provided by the Performer when the Customer submits an application or are established on the Performer's website on the Internet:
https://smokeandfood.com/The Performer provides services under this Agreement personally or by involving third parties, and for the actions of third parties, the Performer is responsible to the Customer as for its own.
The Agreement is concluded by accepting this Offer through conclusive actions, expressed in:
- Actions related to registering an account on the Performer's website on the Internet when account registration is required;
- Submitting an application by the Customer to the Performer for the provision of services;
- Actions related to the payment of services by the Customer;
- Actions related to the provision of services by the Performer.
- This list is not exhaustive, and there may be other actions that clearly express the intention of a person to accept the counterparty's offer.
Rights and Obligations of the PartiesPerformer's Rights and Obligations:- The Performer undertakes to provide services in accordance with the provisions of this Agreement, within the deadlines and scope specified in this Agreement and/or in the manner indicated on the Performer's website.
- The Performer undertakes to provide the Customer with access to the sections of the website necessary for obtaining information, as per Clause 2.1 of the Agreement.
- The Performer is responsible for the storage and processing of the Customer's personal data, ensures the confidentiality of this data, and uses it exclusively for the qualitative provision of services to the Customer.
- The Performer reserves the right to unilaterally change the terms (period) of service provision and the conditions of this Offer without prior notice to the Customer by publishing these changes on the Performer's website on the Internet. New/modified conditions specified on the website apply only to newly concluded agreements.
Customer's Rights and Obligations:- The Customer must provide accurate information about themselves when receiving the corresponding services.
- The Customer undertakes not to reproduce, repeat, copy, sell, or use for any purpose the information and materials made available to them in connection with the provision of services, except for personal use directly by the Customer without providing access to any third parties.
- The Customer undertakes to accept the services provided by the Performer.
- The Customer may demand a refund from the Performer for unreceived services, services provided in poor quality, services provided in violation of the deadlines, and if the Customer decides to refuse services for reasons unrelated to the Performer's breach of obligations, exclusively on the grounds provided by the current legislation of the Russian Federation.
- The Customer guarantees that all conditions of the Agreement are clear to them, and the Customer accepts the conditions without reservations and in full.
Price and Payment ProcedureThe cost of services provided by the Performer to the Customer and the payment procedure are determined based on the information provided by the Performer when the Customer submits an application or are established on the Performer's website on the Internet:
https://smokeandfood.com/ All payments under the Agreement are made by non-cash payment.
Confidentiality and SecurityIn the implementation of this Agreement, the Parties ensure the confidentiality and security of personal data in accordance with the current version of Federal Law No. 152-FZ of July 27, 2006, "On Personal Data," and Federal Law No. 149-FZ of July 27, 2006, "On Information, Information Technologies, and Information Protection."
The Parties undertake to maintain the confidentiality of information obtained during the execution of this Agreement and take all possible measures to safeguard the received information from disclosure.
Confidential information is understood to be any information transmitted by the Performer and the Customer in the process of implementing the Agreement and subject to protection, with exceptions specified below. Such information may be contained in local regulations provided to the Performer, contracts, letters, reports, analytical materials, research results, diagrams, graphs, specifications, and other documents, both in paper and electronic form.
Force MajeureThe Parties are released from liability for non-performance or improper performance of obligations under the Agreement if proper performance has become impossible due to force majeure, i.e., extraordinary and unavoidable circumstances under the given conditions. Such circumstances include prohibitive actions of authorities, epidemics, blockades, embargoes, earthquakes, floods, fires, or other natural disasters.
In the event of these circumstances, the Party must notify the other Party within 30 (thirty) business days.
A document issued by an authorized government authority is sufficient evidence of the existence and duration of force majeure.
If force majeure circumstances continue to exist for more than 60 (sixty) business days, each Party has the right to unilaterally terminate this Agreement.
Liability of the PartiesIn case of non-performance and/or improper performance of obligations under the Agreement, the Parties are responsible in accordance with the terms of this Offer.
The Performer is not liable for non-performance and/or improper performance of obligations under the Agreement if such non-performance and/or improper performance occurred due to the fault of the Customer.
The Party that did not fulfill or improperly fulfilled obligations under the Agreement must compensate the other Party for the losses caused by such violations.
Term of this OfferThe Offer takes effect from the moment it is posted on the Performer's website and is valid until it is withdrawn by the Performer.
The Performer reserves the right to make changes to the Offer and/or withdraw the Offer at any time at its discretion. Information about changes or withdrawal of the Offer is communicated to the Customer at the choice of the Performer by posting on the Performer's website on the Internet, in the Customer's Personal Account, or by sending a corresponding notification to the electronic or mailing address provided by the Customer when concluding the Agreement or during its execution.
The Agreement comes into effect from the moment of the Customer's acceptance of the Offer conditions and is valid until the Parties fully fulfill their obligations under the Agreement.
Changes made by the Performer to the Agreement and published on the website in the form of an updated Offer are considered accepted by the Customer in full.
Additional ConditionsThe Agreement, its conclusion, and execution are governed by the laws of the Russian Federation. All issues not regulated by this Offer or regulated incompletely are governed in accordance with the substantive law of the Russian Federation.
In the event of a dispute that may arise between the Parties in the course of performing their obligations under the Agreement concluded on the terms of this Offer, the Parties must settle the dispute amicably before initiating judicial proceedings.
Judicial proceedings are carried out in accordance with the legislation of the Russian Federation.
Disputes or disagreements for which the Parties have not reached an agreement are subject to resolution in accordance with the legislation of the Russian Federation. Pre-trial dispute resolution is mandatory.
The Parties have determined the Russian language as the language of the Agreement concluded on the terms of this Offer, as well as the language used in any interaction between the Parties (including correspondence, submission of claims/notifications/explanations, provision of documents, etc.).
All documents to be provided in accordance with the terms of this Offer must be drawn up in Russian or have a translation into Russian duly certified.
The inaction of one of the Parties in the event of a violation of the conditions of this Offer does not deprive the interested Party of the right to protect its interests later and does not mean a waiver of its rights in the event of similar violations by one of the Parties in the future.
If the Performer's website on the Internet contains links to other websites and materials of third parties, such links are provided solely for informational purposes, and the Performer has no control over the content of such sites or materials. The Performer is not responsible for any losses or damage that may arise from using such links.
Performer's DetailsFull Name: Nikita Alexandrovich Starushko
INN (Taxpayer Identification Number): 232013845243
OGRN/OGRNIP: 319237500169468
Contact Phone: 79181039837
Contact Email:
smoke.food.corner@gmail.com