Public offer
This is an English translation provided for convenience. The Russian version of this document is legally binding and prevails in case of any discrepancy.
This Public Offer (the “Offer”) is the official offer of the administration of the lania.network service (the “Contractor”) to any interested person (the “Customer”) to enter into a service agreement under Article 437 of the Civil Code of the Russian Federation.
The service agreement is considered concluded and takes effect once the Parties perform the actions provided for in this Offer, which signify unconditional and full acceptance of all terms of this Offer without any exceptions or limitations, as a contract of adhesion.
1. Terms and definitions
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Agreement – the text of this Offer with its Appendices, which are an integral part of this Offer, accepted by the Customer through the implied actions provided for by this Offer.
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Implied actions — conduct that expresses consent to a counterparty’s proposal to conclude, amend or terminate an agreement. Such actions consist of full or partial fulfillment of the terms proposed by the counterparty.
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Contractor’s website on the Internet – a set of computer programs and other information contained in an information system accessed via the Internet at the domain name lania.network, including all its subdomains, game servers and sections (for example, the wiki, the personal account, etc.).
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Parties to the Agreement (Parties) – the Contractor and the Customer.
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Service – a service provided by the Contractor to the Customer in the manner and on the terms set out in this Offer.
2. Subject of the Agreement
2.1. The Contractor undertakes to provide the Services to the Customer, and the Customer undertakes to pay for them in the amount, manner and time set out in this Agreement.
2.2. The name, quantity, procedure and other terms of the Services are determined based on the Contractor’s information when the Customer places a request, or are set out on the Contractor’s website on the Internet.
2.3. The Contractor provides the Services under this Agreement personally or with the involvement of third parties, and in that case the Contractor is liable to the Customer for the actions of third parties as for its own.
2.4. The Agreement is concluded by accepting this Offer through implied actions, namely:
- actions related to registering an account on the Contractor’s website on the Internet, if registration is required;
- the Customer preparing and sending a request for Services to the Contractor;
- actions related to the Customer paying for the Services;
- actions related to the Contractor providing the Services.
This list is not exhaustive; other actions that clearly express a person’s intention to accept the counterparty’s offer are also possible.
3. Rights and obligations of the Parties
3.1. Rights and obligations of the Contractor:
3.1.1. The Contractor undertakes to provide the Services in accordance with this Agreement, within the time and scope set out in this Agreement and/or in the manner described on the Contractor’s website.
3.1.2. The Contractor undertakes to give the Customer access to the sections of the Website needed to obtain information, in accordance with clause 2.1 of the Agreement.
3.1.3. The Contractor is responsible for storing and processing the Customer’s personal data, keeps this data confidential and uses it solely to provide quality Services to the Customer.
3.1.4. The Contractor reserves the right to unilaterally change the time (period) of the Services and the terms of this Offer without prior notice to the Customer, by publishing these changes on the Contractor’s website on the Internet. The new or changed terms published on the Website apply only to newly concluded Agreements.
3.2. Rights and obligations of the Customer:
3.2.1. The Customer must provide accurate information about themselves when receiving the relevant Services.
3.2.2. 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 Services, except for personal use by the Customer without giving any third parties access in any form.
3.2.3. The Customer undertakes to accept the Services provided by the Contractor;
3.2.4. The Customer may demand that the Contractor refund money for services not provided, services of poor quality, services provided late, or if the Customer decided to cancel the services for reasons not related to a breach of obligations by the Contractor, solely on the grounds provided for by the current legislation of the Russian Federation.
3.2.5. The Customer guarantees that they understand all terms of the Agreement; the Customer accepts the terms without reservations and in full.
4. Price and payment procedure
4.1. The cost of the Contractor’s services and the payment procedure are determined based on the Contractor’s information when the Customer places a request, or are set out on the Contractor’s website on the Internet: lania.network/products
4.2. All payments under the Agreement are made by non-cash means.
5. Confidentiality and security
5.1. In performing 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 27.07.2006 “On Personal Data” and Federal Law No. 149-FZ of 27.07.2006 “On Information, Information Technologies and Information Protection”.
5.2. The Parties undertake to keep confidential the information obtained while performing this Agreement, and to take all possible measures to protect the information obtained from disclosure.
5.3. Confidential information means any information transferred by the Contractor and the Customer in the course of performing the Agreement that is subject to protection, with the exceptions listed below.
5.4. Such information may be contained in local regulations, agreements, letters, reports, analytical materials, research results, diagrams, charts, specifications and other documents provided to the Contractor, on paper or electronic media.
6. Force majeure
6.1. The Parties are released from liability for failure to perform or improper performance of their obligations under the Agreement if proper performance became impossible due to force majeure, i.e. extraordinary circumstances that could not be prevented under the given conditions, namely: prohibitive actions of the authorities, epidemics, blockades, embargoes, earthquakes, floods, fires or other natural disasters.
6.2. If such circumstances occur, the affected Party must notify the other Party within 30 (thirty) business days.
6.3. A document issued by an authorized government body is sufficient proof of the existence and duration of force majeure.
6.4. If force majeure lasts for more than 60 (sixty) business days, each Party may unilaterally withdraw from this Agreement.
7. Liability of the Parties
7.1. In case of failure to perform and/or improper performance of their obligations under the Agreement, the Parties are liable in accordance with the terms of this Offer.
7.2. The Contractor is not liable for failure to perform and/or improper performance of obligations under the Agreement if such failure and/or improper performance was caused by the Customer.
7.3. A Party that fails to perform or improperly performs its obligations under the Agreement must compensate the other Party for the losses caused by such breaches.
8. Term of this Offer
8.1. The Offer takes effect when it is published on the Contractor’s website and remains in effect until the Contractor withdraws it.
8.2. The Contractor reserves the right to change the terms of the Offer and/or withdraw the Offer at any time at its own discretion. Information about changes to or withdrawal of the Offer is communicated to the Customer, at the Contractor’s choice, by publishing it on the Contractor’s website on the Internet, in the Customer’s Personal Account, or by sending a notice to the email or postal address provided by the Customer when concluding the Agreement or during its performance.
8.3. The Agreement takes effect when the Customer accepts the terms of the Offer and remains in effect until the Parties have fully performed their obligations under the Agreement.
8.4. Changes made by the Contractor to the Agreement and published on the website as an updated Offer are considered accepted by the Customer in full.
9. Additional terms
9.1. The Agreement, its conclusion and performance are governed by the current legislation of the Russian Federation. All matters not settled or not fully settled by this Offer are governed by the substantive law of the Russian Federation.
9.2. If a dispute arises 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 going to court.
Court proceedings are conducted in accordance with the legislation of the Russian Federation. Disputes or disagreements on which the Parties have not reached an agreement are resolved in accordance with the legislation of the Russian Federation. A pre-trial dispute resolution procedure is mandatory.
9.3. The Parties have designated Russian as the language of the Agreement concluded on the terms of this Offer, and as the language used in any interaction between the Parties (including correspondence, requests / notices / clarifications, provision of documents, etc.).
9.4. All documents to be provided under the terms of this Offer must be drawn up in Russian or have a Russian translation certified in the prescribed manner.
9.5. Inaction by one of the Parties in case of a breach of the terms of this Offer does not deprive the interested Party of the right to protect its interests later, nor does it mean a waiver of its rights if one of the Parties commits the same or similar breaches in the future.
9.6. If the Contractor’s website on the Internet contains links to other websites and third-party materials, such links are provided for information purposes only, and the Contractor has no control over the content of such websites or materials. The Contractor is not liable for any losses or damage that may result from using such links.
10. Contractor details
Full name: Self-employed Kuzmin Egor Olegovich
TIN (INN): 773718443054
Contact email: [email protected]