Nigma Consulting LLC, referred to in this Agreement as the “Contractor”, on the one hand, and a citizen who acceded by “acceptance” - that is, voluntary and informed acceptance of this public offer (paragraph 2 of article 437 of the Civil Code of the Russian Federation) Article.438 of the Civil Code of the Russian Federation for payment, etc.) to this Agreement, thereby concluding an agreement of accession (Article 428 of the Civil Code of the Russian Federation), hereinafter referred to as the "Customer", on the other hand, have entered into this Agreement as follows:
1. The Contractor shall provide the Customer with a consulting service that includes at the same time: - preliminary collection and analytical processing of information about sports matches, competitions, competitions, etc., conducted in accordance with the current legislation (hereinafter - a sporting event); - an analytical conclusion (the result of the Contractor’s intellectual activity - a forecast that is presumptive with an unexplored degree of probability) of the Contractor about the most likely outcome of a sporting event, which is based on the Contractor’s own personal conviction, which is not an accredited expert; - informing the Customer about the most likely outcome (forecast) of a particular sporting event, in the opinion of the Contractor, as a third-party remote observer.
2. The result of the service provided to the Customer (Clause 1) is expressed in the provision of electronic access to the Customer through the Contractor’s direct (via e-mail) notification with the forecast, by sending an SMS notification, or providing the Customer in the same way with a temporary electronic password / key to the information sections of the Contractor’s website.
3. The acquisition of the result of the service and the conclusion of this Agreement are made by the Customer on the basis of the purchase "as is", i.e. without claims to the content, terms and form of the result of the service provided by the Contractor and through the contract of accession to this Agreement. The Customer acknowledges and confirms that this Agreement does not contain conditions that are clearly burdensome for him, which the Customer, proceeding from his rationally understood interests, would not accept if he had the opportunity to participate in determining the terms of this Agreement.
4. The contractor does not guarantee 100% of the coincidence of his forecast with the actual result of a sporting event held in the future.
5. The Customer pays the service to the Contractor in full by prepayment at the conclusion of this Agreement, without which the Contractor receives this Agreement is not considered to be concluded.
6. The receipt of the Customer’s funds to the Contractor’s account indicates the Customer’s unconditional acceptance of all the terms of this Agreement (acceptance of the public offer on the specified conditions) and the Customer’s agreement with them. Such an acceptance is recognized by the parties irrevocable.
7. The funds paid to the Contractor by the Customer shall not be refunded, including if the received / this forecast (the result of the service under this Agreement) does not coincide with the actual result of the sporting event.
8. The Contractor shall not be liable for the timeliness of delivery by the telecom operator (including mobile or electronic) and the constant availability of information resources (sites, both entirely and in part of its relevant sections) posted by the Contractor on the Internet, through which the Contractor provides the result of To customer service.
9. The act of transfer (provision) of the result of the rendered service under this Agreement as a separate document is not drawn up by the parties and is not signed. The quality and timely provision of services by the Contractor to the Customer, as well as the fact that the result of the service provided to the Customer is provided, are presumed until the opposite is proved under the terms of this Agreement.
10. Place of performance, in relation to Article.316 of the Civil Code of the Russian Federation, the parties determined the location of the Contractor - the Russian Federation, Samara Region.
11. The date of conclusion of the Agreement is recognized by the parties as the date of receipt of funds to the Contractor’s account (art. 224, art. 316 of the Civil Code of the Russian Federation) on the payment made (after reading and unconditional acceptance of all the terms of this Agreement) by the Customer in full.
12. All possible disputes arising from the conclusion (or at the conclusion), fulfillment of the conditions and calculations under this Agreement are made in writing with the observance of the mandatory claim procedure, indicating all the passport data of the Customer. In the event that the dispute is not resolved in the complaint procedure, such are resolved in accordance with the current legislation of the Russian Federation, only at the place of registration of the Contractor as an individual entrepreneur.
13. The Customer consents to the receipt, storage and processing (use) by the Contractor of personal data and information of the Customer arising from the payment made by the Customer and the conclusion of this Agreement, and confirms that he is a fully capable person who has reached 18 years of age and is able to understand the essence of his actions and the Agreement in Russian in full.
14. The Parties acknowledge that the Contractor is not aware of the methods and intentions of the Customer’s further application of the result of the services provided by the Contractor under this Agreement. No losses of the Customer in this regard to the Contractor under this agreement are not related. However, the Customer undertakes in no way without the written consent of the Contractor not to distribute (neither for fee nor free of charge) the result of the services (forecast) received from the Contractor, not to transfer it in any other way and form (including media, Internet, leaving in open access or unsupervised with accessibility to third parties), as the parties to this Agreement recognize authorship - the exclusive right to the result of intellectual activity for the Contractor, protected by copyright law and ezhnom him rights and / or this Agreement. The Contractor shall have the right to demand from the Customer (and other persons at his discretion), in case of violation of this clause, compensation of damages and termination of illegal use and / or distribution.
15. By concluding this Agreement, the parties confirm that such contains a complete exhaustive list of conditions on which the parties interact with each other, the agreement terminates any other representations of the Customer about the form, procedure, cost and substance of the service provided by the Contractor, and this Agreement invalidates other agreements or assumptions of the parties arising from any prior correspondence and / or advertising of these services, including on the Contractor’s website, etc.
16. The result of the service provided, provided (communicated, directed, provided in access to it through the Personal Account or by any other type of access) to the person according to the data and information specified by the Customer, is considered to be delivered in a timely and appropriate manner to the person. The responsibility for the accuracy of the information specified by the Contractor shall be borne by the Customer.
17. The service under this Agreement, by virtue of Article 314 of the Civil Code of the Russian Federation, is provided by the Contractor to the Customer within a reasonable time after the obligation to fulfill it occurs, but in any case before the deadline for the sporting event of interest to the Customer (agreed with the Contractor).
18. The responsibility of the Contractor to the Customer in any case may not exceed the amount of funds paid by the Customer under this (specific unit) Agreement and received at the expense of the Contractor on that.
19. Calculations of the Customer with the Contractor under this Agreement are made in a cashless manner (Article 861 of the Civil Code of the Russian Federation). In the implementation of non-cash payments, payments are allowed by payment orders, as well as calculations in other forms stipulated by law, banking rules established in accordance with it and business practices applied in banking practice. The parties to the contract have the right to elect and establish in the contract any of the forms of settlement referred to in this paragraph in accordance with art. 862 of the Civil Code of the Russian Federation. The details of the accounts of the Contractor for the calculations can be specified both in this Agreement and on the website of the Contractor, as in other matters and in correspondence with the Customer or in advertising when entering into this Agreement.
20. The cost of services under this Agreement is:
20.1. for “Monthly Subscription”, which is valid 30 days from the date of receipt by the Contractor of payment made by the Customer under the terms of the Agreement - 5990 rubles, the cost may be changed by the Contractor unilaterally to future (not yet concluded) Agreements;
20.2. for "Subscription for 3 months", which is valid for 90 days from the date of receipt by the Contractor of the payment made by the Customer under the terms of the Agreement - 10,990 rubles.
20.3. for "Subscription for 1 year", which is valid for 365 days from the date of receipt by the Contractor of the payment made by the Customer under the terms of the Agreement - 14,990 rubles.