Public offer
On the terms of service provision (hereinafter - OFFER)
This Offer contains the terms of providing services by LLC "JEM" that arise when using the services of the InstaDo website under the conditions specified in this Offer.
The text of the Offer below is an official public offer addressed to individuals (hereinafter "Users").
Acceptance of the terms of this Offer is carried out in the form of actions provided for by the Offer and means the unconditional acceptance by the User of all the terms of this Offer without any exceptions or limitations on the terms of accession in accordance with Art. 437 and Art. 428 of the Civil Code of the Russian Federation.
Acceptance of the terms of this Offer confirms the fact of concluding an Agreement on the use of services on the InstaDo website
The current version of the Offer is posted on the Internet at: https://instado.com/useragreement/en
1. TERMS AND DEFINITIONS
Service - the totality of software and hardware, united by the space of the domain name instado.com, providing interaction between Users.
Deal - an agreement concluded between the Employer and the Freelancer, in the manner provided for by this Offer, the subject of which is the provision of services at the Employer's request using the Service, and establishing the order of execution by the parties of the Deal (Employer and Freelancer) its conditions. All transactions on the Service are carried out using the "Safe Deal" service
Safe deal - a service that provides for the deposit of funds until the actual provision of services to the Employer. The transfer of funds is initiated by the Employer in accordance with clause 3.5 of this offer.
Company - LLC "Jem" (TIN 7725499140).
Payment methods - WebMoney, bank cards, fast payment system.
Settlement organization - an organization that carries out calculations:
- between individuals by bank cards and SBP (Fast Payment System): Joint-stock company "Tinkoff Bank" (license of the Central Bank of the Russian Federation No. 2673, OGRN 1027739642281, location: 127287, Moscow, 2nd Khutorskaya Street, building 38A, building 26) - further «Bank»;
- between individuals using the WebMoney system: PAYMASTER TECHNOLOGIES Elektronik Pazarlama Diş Ticaret Limited Şirketi; Registration number: 451893-5, Address: Merkez Mahallesi Monument-i Hürriyet Caddesi Blackout N 211 kapi N 64 sisli 1 Sisli, Istanbul / Turkey;
User - an individual with full legal capacity who uses the Service for the purpose of implementation (Freelancer) or acquisition (Employer) of Services.
Employer - User who searches for Freelancers within the Service.
Performer - User providing services for various types of work.
Task - an information message with a description of the Services (including contact information, photos, and any accompanying information) posted by the Employer through the Service, addressed to an indefinite circle of persons.
Service - a service (work) in relation to which the Employer places a Task through the Service, which is the subject of the Deal.
Bank payment page - the Bank interface used by the User to enter payment card details and compose, as well as transfer, the Instruction.
Instruction - sent to the Bank through the use of the Service and the Bank payment page, the User's acceptance containing information about joining this offer and the User's instruction to the Bank to make a transfer based on the information provided by the User and the Company.
Authorization - the procedure for requesting and receiving a response from the Bank to such a request in the form of permission or prohibition to carry out an operation on a payment card or account from the card issuer or account or from the payment system.
2. GENERAL PROVISIONS
2.1. The Company offers Users to use the Service on the terms of this Offer.
2.2. Within the Service, the Company provides services for providing Users with the functionality of the Service, providing the Employer with the possibility of paying and the Performer receiving the cost of the Services in a non-cash form using Payment methods, as well as services for exchanging information between the Employer and the Performer for the purpose of concluding and executing Deal, made within the framework of using the Service.
Settlements within the Service are carried out by the Settlement Organization on the terms of this Offer.
2.3. This Offer is considered accepted by the User from the moment of the User's registration on the InstaDo website.
2.4. When concluding a Deal, Users enter into direct contractual relations. The Company is not a party to the Deal, the organizer of the Deal, the Employer, the Freelancer, the intermediary, the agent, or the representative of any User and/or other interested person in relation to the proposed/concluded Deal between Users. All Deals made between Users are concluded and executed without the direct or indirect participation of the Company.
2.5. The User guarantees that they possess all the rights and authority necessary to enter into and perform Transactions, including being of legal age and fully legally capable, or being a minor declared fully legally capable by a decision of an authorized body (emancipation), or being a minor who has reached the age of fourteen and has obtained written consent in the form required by law from their parents or other legal representatives to enter into contracts. The Company has the right to request at any time that the User provide information and documents confirming the rights and authority as specified above.
3. ORDER AND TERMS OF SERVICE PROVISION
3.1. The Task is placed using the software and technical means of the Service. The Task is considered placed from the moment of its publication on the InstaDo website. The Task must contain all the necessary information provided for by the requirements of the current legislation of the Russian Federation. The Task cannot contain an offer to sell goods or provide services that are prohibited or restricted in circulation in accordance with the legislation of the Russian Federation. The list of goods and services prohibited for sale by remote means through the implementation of calculations with electronic commerce organizations using bank cards on the Internet (as part of the Bank's provision of Internet acquiring services). This list may be supplemented and amended by the Bank unilaterally.
equipment, spare parts, components
products and devices for them, explosives,
explosives, all types of rocket fuel,
as well as special materials and special
equipment for their production, special
equipment of militarized organizations
and regulatory and technical products for their
production and operation.
and control systems of military purpose and regulatory and technical documentation for their production
and operation.
from them and regulatory and technical documentation
for their production and use.
and design work, as well as fundamental
search research on the creation
of weapons and military equipment.
to military service
and militarized activities.
civil and other, as well as components
products for it, knives (except kitchen,
pen, stationery), ammunition.
and other fissionable materials and products from them.
precious stones, as well as waste containing
precious and rare earth metals
and precious stones.
and equipment using radioactive
substances and isotopes.
substances, their precursors subject to control
in the Russian Federation or in another state,
on the territory of which the Company
carries out its activities.
by prescription, as well as narcotic, psychotropic
and alcohol-containing (with a volumetric fraction
of ethyl alcohol of more than 25 percent)
medicines1
and balms
based on alcohol.
deer farming (panties and endocrine raw materials).
products, hookahs, devices for consuming
nicotine-containing products.
and use.
coins and banknotes of the Russian Federation,
in circulation.
means designed for covert
information retrieval, as well as high-frequency
devices consisting of one or
several radio transmitting devices
and (or) their combinations and auxiliary
equipment designed for transmitting
and receiving radio waves at a frequency above 8 GHz.
of private life, encroach on honor, dignity
and business reputation of citizens and legal
entities, as well as containing state,
banking, commercial and other secrets.
as well as their copies.
22 State identity cards, badges,
passes, permits, certificates, travel
documents and licenses, as well as other documents,
granting rights or exempting
from rights/obligations, forms for these documents,
as well as services for their receipt.
Federation, as well as objects of archaeological
heritage.
animal species in accordance with current legislation
of the Russian Federation.
as well as services for their manufacture, electric fishing rods
and traps prohibited for sale
in the territory of the Russian Federation.
personal data that may
contribute to unauthorized mailings.
virtually and not recorded on any
material carrier (ideas, methods,
principles, etc.).
equipment, accepting bets for participation
in gambling on the Internet, accepting payments for lottery tickets, receipts
and other documents certifying the right
to participate in the lottery, as well as the sale of virtual
currency, etc.
state numbers for vehicles.
интеллектуальные права третьих лиц (в том числе
патенты, товарные знаки, авторские права и др.).
средствами и криптовалютами, а также товары
и услуги, приобретение/пользование которыми,
гарантированно приносит заработок и прибыль.
многоуровневого сетевого маркетинга,
деятельность которых основана на создании сети
независимых дистрибьюторов (сбытовых агентов).
сексуального характера, а также
порнографические/эротические материалы,
а также предоставление доступа к информации
порнографического характера.
быть направлено на нарушение действующего
законодательства Российской Федерации.
товары/услуги, не имеющие потребительской
ценности.
медицины.
обеспечения или нарушению работы установленных
правообладателем средств технической защиты
телефонов, смартфонов, ноутбуков, навигаторов,
персональных компьютеров и пр.
restricted in accordance with the legislation of the Russian
Federation, as well as capable of having a negative
impact on the business reputation of the Bank and/or
International payment systems.
substances used for their manufacture.
the activities of occult organizations and sects.
in the form of financial pyramids.
gaming zones, as defined by the legislation
of the Russian Federation, or outside
the Russian Federation.
in bookmakers outside the Russian Federation.
or forex dealer services, carried out
without a license from the Bank of Russia or outside
the Russian Federation.
outside the Russian Federation.
3.2. The terms of the transaction concluded between the Employer and the Performer are specified in the Task. Before concluding a transaction using the Service, the User undertakes to carefully read all the terms of the transaction specified in the Task. The conclusion of the transaction means that the User agrees to all the terms specified in the Task.
3.3. Before confirming the fulfillment of the terms of the transaction, the User has the right to refuse to fulfill the transaction.
3.4. In the event that the transaction is concluded between individuals using a bank card, when the Employer confirms the consent to pay the amount of the transaction by pressing a special button in the Service interface, the Bank Payment page is displayed for entering the Buyer's payment card details, if it has not been previously linked, and confirming payment for the transaction. By performing the actions specified in this paragraph, the Employer instructs the Bank to debit the amount of the transaction from the Employer's bank card in order to carry out subsequent settlements with the Performer.[a]
3.5. In the event that the Employer has a bank card or account linked to his account, or when entering the payment card or account details on the Bank's payment page when paying for the transaction, provided that the Bank has received permission to carry out an operation on the payment card or account as a result of Authorization, provided that there is a monetary amount on the payment card account equal to the amount of the transaction, the funds are debited from the Employer's payment card or account and credited to the Performer's payment card. Crediting funds to the Performer's payment card or account is carried out upon receipt of information from the Employer about the conditions for completing the provision of Services, in accordance with the terms of the transaction, in particular - the absence of claims from the Employer to the Performer (if applicable). In case of not receiving the corresponding information from the Employer within the term of the transaction, the Bank refunds the funds in the amount of the transaction to the details of the Employer's payment card or account. The term of the transaction is one of the mandatory conditions for creating the transaction.
3.6. When confirming the provision of Services using the Service, the Performer can link a payment card to his Personal account by entering its details on the Bank's payment page. In case of linking a payment card, the Bank saves the details (link) of the User's payment card, in order to provide the opportunity to carry out repeated operations with this payment card within the Service without re-entering its details. The Performer is also entitled to enter the details of his payment card without linking it.
3.7. The Employer and the Performer independently pay all necessary taxes, fees and charges payable in connection with the conclusion of the transaction, in accordance with applicable law, and independently bear the corresponding risks and responsibilities in case of non-payment.
3.8. The Employer and the Performer understand and agree that additional commissions may be charged for transfers of funds to a payment card and from a payment card. The Bank and the Company are not responsible for the commissions charged by the recipient bank and/or the sender bank of funds.
3.9. For using the Service, the Company charges the Employer a commission in accordance with the following conditions:
3.9.1. When conducting transactions between individuals by bank cards - 7%. The commission is calculated from the amount of the transaction and is deducted from the amount of the transaction when transferring funds to the Performer's payment card;
3.9.2. When conducting transactions between individuals using the FPS (Fast Payment System) - 7%. The commission is calculated from the amount of the transaction and is deducted from the amount of the transaction when transferring funds to the Performer's details;
3.9.3. When conducting transactions between individuals using the WebMoney system - 0%;
3.10. When using the Service, Users undertake:
3.10.1. Properly fulfill the obligations provided for by this Offer, as well as the obligations under the transaction concluded between the Users;
3.10.2. When making settlements, comply with the conditions of the Service provided for by this Offer;
3.10.3. Individuals are not entitled to use the Service for business purposes;
3.10.4. Exercise caution when entering into a transaction;
3.10.5. Do not implement services within the transaction that are not specified in the Task;
3.11. Information technology interaction between the Bank and the User in terms of transferring funds within the transaction is provided by the Company using the software, hardware and technical means of the Service.
4. INFORMATION EXCHANGE WHEN USING THE SERVICE
4.1. Within the Service, the Company and the Settlement organization may send Users informational messages related to the provision of services within the Service. Messages from the Company and the Settlement organization intended for Users may be sent individually to email addresses or to subscriber numbers of Users provided by Users when using the Service. At the same time, the User understands, accepts and agrees that the messages sent and/or their individual parts may have an advertising nature, as well as may contain advertising, informational and other messages from the Company's counterparties. Messages published through the Service are considered delivered to the User from the moment of their publication. The Company may send Users transactional and service messages related to the actions of Users within the Service.
4.2. Messages, requests of Users provided for by this Offer, as well as any other requests of Users intended for the Company, are sent by means offered through the Service, including a feedback form for requests on the InstaDo website.
4.3. User requests to the Company regarding the use of the Service are considered in the manner provided for by this Offer. Interaction of the Company with the User in the framework of considering the User's request is carried out using the email address specified by the User.
4.4. Messages from Users to each other can be sent through a specially offered form of communication for Users within the Service. The User understands and agrees that correspondence with other Users within the Service, carried out using a specially offered form of communication, is not personal. The Company has the right at any time to view messages sent through the specially offered form of communication, including, without limitation, for the purpose of fulfilling the terms of this Offer.
The Company does not guarantee that a message sent by one User to another User will be answered, as well as does not guarantee the delivery of such a message to the User.
4.5. Procedure for considering User requests by the Company:
4.5.1. In case of claims of the User regarding the Service or a dispute between Users related to the performance by Users of their obligations under the transaction, the User has the right to contact the Company to resolve the specified claims and disputes by sending a corresponding message to the support service;
4.5.2. The request must contain a description of the problem, documents confirming the User's position, documents provided for by the terms of this Offer, as well as other necessary documents. The Company may request from the User other documents and information necessary for the consideration of the request (including, without limitation, the conclusion of an independent examination, if necessary for the consideration of the request). In case the User does not provide the documents and information requested by the Company, the Company has the right to consider the User's request without taking into account such documents or to suspend the consideration of the request until the User provides the necessary documents or information;
4.5.3. During the consideration of the request, the Company has the right to contact the other party to the transaction in order to clarify the circumstances of the dispute between Users and obtain the necessary documents or information. In case of consideration by the Company of a dispute between Users, each of the Users has the right to provide arguments and evidence of the proper performance of their obligations under the transaction;
4.5.4. Based on the results of the consideration of the User's request, the Company makes a decision based on the documents and arguments available to the Company;
4.5.5. Users accept and agree that the decision made by the Company based on the results of the consideration of User requests may serve as the basis for settlements between Users of the Service (return of funds to the Employer or transfer of funds to the Performer).
5. GUARANTEES AND LIABILITY
5.1. The User is responsible for actions taken within the Service in accordance with the current legislation of the Russian Federation and the terms of this Offer, including responsibility for the content of the information posted by him and violation of the rights of third parties in relation to the Services and/or information posted through the Service.
5.2. The User is responsible for the Services offered and the transactions concluded in connection with them within the Service, for choosing counterparties for the transaction and the consequences arising from the transaction. All transactions regarding the Services are concluded directly between Users. The Company/Bank/Settlement organization are not participants and/or intermediaries in transactions within the Service, carried out by Users based on information received through the Service, do not control and are not responsible for such transactions.
5.3. When using the Service by individuals, Users acknowledge that the Service is intended for use for purposes not related to business activities. Relations that are the subject of the transaction are regulated by the legislation of the Russian Federation, while Users understand that individual provisions of the legislation of the Russian Federation, including in terms of consumer protection, may not apply to the relations of Users.
5.4. The User agrees that the Company/Settlement organization/Bank are not responsible for possible losses caused to the User in connection with taking measures to prevent or prevent violations when using the Service, related to restricting/blocking Users' access to the Service.
5.5. The Company is not responsible for non-performance or difficulties in the performance of obligations by Users, including obligations under the transaction, due to force majeure circumstances, the consequences of which cannot be avoided or overcome.
5.6. The Company and the Bank are not responsible in cases where funds are credited to the Performer's Card with violations of the terms and other requirements established by the PS rules and the legislation of the Russian Federation due to the fault of the issuing bank or other persons.
5.6. The Bank is not responsible for the untimely notification by the Buyer and/or the Company of information about the receipt of the Service and the absence of claims to the Performer.
5.7. The Company and the Settlement organization are not responsible for errors made by Users when executing a transaction, as well as for providing incorrect payment details. In these cases, the services are considered to have been properly provided to Users by the Company and in full compliance with this Offer.
5.8. The Settlement organization and the Company have the right to refuse the User to use the Service unilaterally and without explanation, including if the Settlement organization does not have the technical ability to make settlements, if the parameters of the operation do not correspond to the limits set by the Settlement organization and/or the PS and/or applicable legislation on amounts and number of operations on payment details, in case of detection of User operations containing signs of unusual operations or carrying reputational and/or financial risks for the Company and/or the Settlement organization, as well as if the Settlement organization has suspicions that the operation is carried out in violation of the requirements of the legislation of the Russian Federation and/or the PS rules.
6. СРОК ДЕЙСТВИЯ ДОГОВОРА
6.1. Contracts concluded by accepting this Offer come into force from the moment of acceptance of the terms of this Offer by the User in the manner provided for by this Offer, and are valid until the Parties fully perform their obligations under it.
6.2. The Company reserves the right at its discretion to terminate or restrict the User's access to the Service.
6.3. The Company has the right to change and/or supplement the terms of the Offer to the extent permitted by the current legislation, as well as to revoke the Offer at any time. The date of the Offer change is the date of publication of the new version of the Offer. The User must familiarize himself with the current version of the Offer posted through the Service, and with the terms of each transaction before joining the Offer and making a transaction.
6.4. The conclusion of transactions by Users using the Service after the changes to the Offer have come into force means that the parties have agreed to make the corresponding changes and/or additions to the Offer.
6.5. The Company has the right to terminate contracts in the manner provided for by the current legislation of the Russian Federation, notifying the User of this through the Service, by email or in any other way.
6.6. The contract for the use of the Service may be terminated early at the initiative of the User by contacting the Company in the manner provided for by this Offer.
7. DISPUTES AND APPLICABLE LAW
7.1. The resolution of all disputes arising from this Offer is governed by the current legislation of the Russian Federation.
7.2. Disputes arising under this agreement must be submitted for consideration in accordance with the current legislation of the Russian Federation.
7.3. The recognition of individual parts of this Offer as invalid does not cancel the effect of other provisions.
8. OTHER CONDITIONS
8.1. The Company and/or the Settlement organization have the right, and the User agrees, to process any information related to the personal and/or contact data of the User, using automation tools or without them, including collection, systematization, accumulation, storage, clarification, use, distribution (including transfer to partners of the Settlement organization and/or the Company, cross-border transfer), depersonalization, blocking, destruction of personal data provided by the User in connection with the use of the Service, and other actions provided for by the Federal Law of 27.07.2006 No. 152-FZ "On Personal Data". The User agrees to provide the Company and the Settlement organization with the information specified in this paragraph to the issuing bank of the recipient's payment card and/or the PS, for the purposes of fulfilling the terms of this Offer, as well as for any other purposes directly or indirectly related to the fulfillment by the Settlement organization of obligations under this Offer.
8.2. The User guarantees that all the terms of this Offer are clear to him, and he accepts the terms without reservation and in full.
8.3. If individual provisions of this Offer cease to be valid for the reasons provided for by the legislation of the Russian Federation, this does not entail the termination or invalidity of other provisions of the Offer.
8.4. All actions of Users carried out in accordance with this Offer are processed and taken into account by the Settlement organization and the Company according to Moscow time. Russian is used as the language for concluding this Offer, as well as the language used in any interaction between the parties (including correspondence, provision of requirements/notifications/explanations, provision of documents, etc.).
Limited Liability Company "JEM"
Legal address
119071, Moscow, M. Kaluzhsky per., house 4, building 3
OKOPF 34124802
TIN 7725499140
Email: support@instado.com
