October 2024
Contractor’s contract - October 2019
PREAMBLE
This Agreement is an offer of the Limited Liability Company «TEAM OF PARTNERS», hereinafter referred to as T.O.P., and is addressed to any and all natural persons (hereinafter referred to as the "Participant"), expressing the intention to conclude an agreement with T.O.P. to provide services for participation in the international symposium ADVANCED AESTHETIC RHINOPLASTY AND FACE CONTOURING. 2019, held at October 24-27, 2019 in St. Petersburg, Russia, at the address: Nevsky Prospekt, 57, Hotel Corinthia St. Petersburg and «Radisson Royal Hotel» Nevsky prospect, house 49/2, information about which can be found on the site https://www.aasurgery.ru, in accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation). In case of acceptance of the conditions set forth in the Agreement (acceptance of the offer) and the commission of the actions specified below, the Participant concludes an agreement with T.O.P. on providing services for participating in the Event. The moment of payment by the Participant of the T.O.P. services (the moment of receipt of the corresponding amount from the Participant to the corresponding account of T.O.P.) shall be considered as the moment of complete, without any reservations, acceptance by the Participant of the T.O.P. proposal (the acceptance of the offer) is the. This Agreement is not a public offer. This Agreement is an agreement of accession according to the meaning of Clause 1, Article 488 of the Civil Code of the Russian Federation, and can be concluded only by joining the Participant to the proposed Agreement as a whole. The text of this Agreement is located at: https://www.aasurgery.ru/en/oferta_oct_2019/
1.1. «TEAM OF PARTNERS» – Limited Liability Company "T.O.P." – OGRN (Main State Registration Number) 1197847002484, INN 7842167557, address of location191015, St. Petersburg, Tverskaya street, building 1, litas. A, p. 50-N. Information on the rendered T.O.P. services is available on the Site.
1.2. "Acceptance of the Offer" means the commission by the Participant of the actions specified in clause 3.1. of this Agreement, confirming the acceptance of the terms of the Agreement in full, in accordance with paragraph 3 of Article 438 of the Civil Code of the Russian Federation (RF CC). Accepting the Offer, the Participant confirms the following: (i) all terms and conditions of the Agreement are accepted by the Participant entirely without any reservations and limitations; (ii) the terms and conditions for the provision of the Services and the terms of the Agreement are fully explained to the Participant and understood by him; (iii) the Participant agrees with the scope, timing and cost of providing the Services; (iv) the Participant confirms that the conditions for the provision of the Services and the Agreement fully comply with his objectives, needs and requirements; and (v) the Participant agrees that the Agreement does not contain the conditions specified in Clause 2, Article 478 of the RF CC, nor does it contain other conditions that are clearly onerous for the Participant, which the Participant, basing on its reasonably understood interests, would not accept should he have the opportunity to participate in determining the terms of the Agreement, and the Services specified in this Agreement are not imposed on the Participant.
1.3. "Agreement" is the present agreement for the provision of Services, set forth on the Site, concluded between the T.O.P. and the Participant as a result of acceptance by the Participant, granting the T.O.P. and the Participant with the rights and obligations indicated in it. The Agreement is concluded in simple written form by the formation of electronic documents. Signing of the Agreement is carried out using simple electronic signatures. The parties consider their simple electronic signatures as analogues of handwritten signatures, and the Agreement is equivalent to a paper document signed by a handwritten signature in accordance with Federal Law No. 63-FZ "On Electronic Signatures". The parties undertake to respect the confidentiality of the key (-s) of their own electronic signature. A Participant may receive a copy of the Agreement by the option to T.O.P. in any of the following ways: (i) by sending a copy of the Agreement containing a simple electronic signature of the Participant in electronic form to the e-mail address indicated by the Participant upon signing the Agreement; (ii) by providing a copy of the Agreement containing information on the Participant’s simple electronic signature, on paper on the application of the Participant.
1.4. "Participant" means a natural person who concluded the Agreement with T.O.P. in written electronic form as a result of the Acceptance of the Offer, or the beneficiary designated by the payer for whose benefit the present Agreement is concluded, entitled to receive the Services of T.O.P.. Unless otherwise provided by the Parties, the Participant who concluded the Agreement with the T.O.P. by the Acceptance of the Offer is the person who accepted the terms of the Agreement and used the Simple electronic signature corresponding to the personal data of the Participant provided by the T.O.P. at the time of registration. The term "Simple electronic signature" is contained in this Agreement.
1.5. "Offer" means the present offer addressed to any and all natural person who will accept this offer on the conditions specified therein.
1.6. "Simple electronic signature of T.O.P. " - information in electronic form being the aggregate of the scanned signature of the person authorized by T.O.P. to sign the relevant documents, as well as the scanned print of the T.O.P. s seal, which is attached to other information in electronic form (information being signed) or is associated with such information otherwise and which is used to identify the Party signing such information. If there is no signature of an authorized person and seal of T.O.P. on the Agreement, the Agreement is deemed to be signed by T.O.P., since the moderation of the T.O.P. site on which the Agreement is placed is performed using codes and passwords.
1.7. "Simple electronic signature of the Participant" - information in electronic form, being a personal data provided by the Participant to the T.O.P. at Registration and attached to the Agreement as a result of the Participant's active actions, including due to activation by the Participant of the Personal Cabinet, which is attached to other information in electronic form signature information) or otherwise associated with such information and which is used to determine the Party signing such information.
1.8. "Registration" means the registration of data about the Participant (including personal data) in the accounting system of T.O.P. , as well as entering the Participant's personal data into the specified system.
1.9. "Site" / "Site of T.O.P. " is a website located in the information and telecommunication-network Internet at the address: https://www.aasurgery.ru/.
1.10. "Parties", "Party" - referred to jointly or separately the parties to the Agreement.
1.11. "Service" / "Services" is the activity of T.O.P., related to providing information services to the Participant in order to ensure participation of the Participant in the Event indicated on the Site. Description of the Services, their terms and conditions are available on the Site.
1.12. "Formation of the document confirming the acceptance of the Offer" means automatic operation of the T.O.P. information (electronic) system, creating a document confirming the name of the ordered Service, its cost and the date of payment after the Acceptance of the Offer by the Participant. The document confirming the Acceptance of the Offer is created automatically in electronic form and sent to the Participant by e-mail specified by him at the Registration.
1.13. "Event" means an international symposium ADVANCED AESTHETIC RHINOPLASTY AND FACE CONTOURING. 2019, held at October 24-27, 2019 in St. Petersburg, Russia, at the address: Nevsky Prospekt, 57, Hotel Corinthia St. Petersburg and «Radisson Royal Hotel» Nevsky prospect, house 49/2.
2.1. On the basis of this Agreement, T.O.P. undertakes to provide the Participant or the third party (beneficiary) specified by the Participant with the Services for Participation in the Event, ordered and prepaid by the Participant in accordance with the terms and procedure established by this Agreement, and the Participant undertakes to accept and pay for the Services in the order and on the conditions established by this Agreement.
2.2. This Agreement is a non-public Offer and is a offer of the services addressed to a limited number of persons.
3.1. Based on paragraph 3 of Art. 438 of the Civil Code of the Russian Federation, the fulfillment by the Participant of actions resulting in payment of the Services selected by the Participant and crediting of the corresponding funds to the T.O.P. settlement account is considered as an unconditional acceptance (acceptance) of the terms of the Offer.
3.2. In accordance with paragraph 1 of Art. 433 of the Civil Code of the Russian Federation, the date of crediting funds to the settlement account of T.O.P. as a result of the Participant’s payment for the selected Services is recognized as the moment of conclusion of the Agreement.
3.3. Methods of Services’ Payment, description of the additional opportunities for payment and reception of the Services provided by T.O.P. are available for the Participant and published on the Site. In case T.O.P. offers preferential tariffs or discounts, such information may be available also in the Participant's Personal Cabinet. By paying for the Services, the Participant expresses full and unconditional agreement with the terms of the Offer effective at the time of payment.
4.1. The Participant undertakes to:
4.1.1. fully pay for the Services prior to their commencement;
4.1.2. give T.O.P. all information necessary for the proper and qualitative provision of the Services (including personal data) and provide reasonably necessary assistance for the execution of T.O.P. ’s obligations under this Agreement and the current legislation of the Russian Federation.
4.1.3. exempt T.O.P. from any and all liability and expenses related to the Services that may arise as a result of the providing incorrect or incomplete information and documents by the Participant, as well as by providing T.O.P. with information and documents with a delay.
4.1.4. inform T.O.P. in writing the data of the person entitled to assign the provision of the Services to T.O.P. under this Agreement on behalf of the Participant, in the event when the order of the Service and the subsequent coordination of its performance is performed by a person that does not coincide with the one indicated in the Personal Cabinet.
4.1.3. monitor independently any and all updates to information posted on the T.O.P. Site and in the Personal Cabinet, including changes in the terms of the Services, changes in the Offer and any other data that are directly or indirectly related to the provision of the Service or may affect them. The Participant does not have the right to refer to the lack of information about the specified changes, if such changes were posted on the T.O.P. Site or in the Personal Cabinet.
4.1.4. take personal part in the Event (except for the cases established by this Agreement) in the place, on the date and time specified on the Site.
4.1.5. sign the Certificate for Acceptance of Services provided at the end of the Event or provide a written reasoned refusal to sign it. The failure to provide a signed copy of the Certificate or a written refusal to sign it is equaled by the Parties to signing the Certificate by the Participant without any claims regarding the Services provided.
4.2. The Participant has the right to:
4.2.1. demand the provision of ordered and prepaid Services in accordance with the agreed timeframes and quality requirements usually imposed for such services.
4.2. T.O.P. undertakes to:
4.2.1. render the Services in the established place, on the date and time determined on the Site, in accordance with the quality requirements usually imposed for such services.
4.2.2. promptly inform the Participant about the circumstances that may affect the change in the term or volume of the provision of the Service or entail the impossibility of rendering it (including, but not limited to, acts and actions of bodies of state power or administration, that entailed the impossibility of executing of this Agreement).
4.3. T.O.P. has the right to:
4.3.1. not allow persons whose data do not coincide with the data of persons identified in the order of clause 4.1.4 to receive the Services on this Agreement.
4.3.2. independently choose the form and the procedure for rendering the Services subject to the conditions for the provision of the Services identified on the Site.
4.3.3. at any time, completely or partially change the description of the Services provided that the Participant is notified in advance. Such changes and additions come into force immediately after the relevant notification, which can be sent to the Participant in any form, including but not limited to posting of a notice on the Site and/or the sending of a personal notice, a communication about the said fact in the Personal Cabinet and/or by e-mail of the Participant, and/or in any other way.
4.3.4. provide personal discounts to Participants on the basis of internal loyalty policies.
4.3.5. at the end of the provision of the Services, submit to the Participant two copies of the Certificate for Acceptance of the Services provided. Signature of the Participant in the Certificate indicates the acceptance of the Services without any remarks.
5.1. The Participant is responsible for the completeness and reliability of the information (including personal data) provided by T.O.P. when ordering Services, Registration, etc. when this information changes (including personal data). The Participant is obliged to notify T.O.P. about the changes made within 10 (ten) calendar days from the date of coming into force of the relevant changes. The Participant carries all the risks connected with the T.O.P.’s lack of current information (including personal data) independently and in full.
5.2. Liability of T.O.P. is limited to the amount of direct damage incurred as a result of gross negligence or willful misconduct of employees of T.O.P. or its subcontractors at the provision of Services. T.O.P. shall in no case be liable to the Participant or any other third party for indirect, special circumstances, incidental or punitive damages, losses or expenses (including, in particular, loss of profit).
5.2. The parties are exempted from the responsibility and performance of obligations assumed under this Agreement in the event of force majeure circumstances. Under the circumstances of force majeure for the purposes of this Agreement, the Parties agree to understand any circumstance or circumstances that the Party declaring their occurrence is not capable, despite all reasonable efforts, to prevent or overcome, and which, in particular, includes wars, actions, social dangerous elements, insurrection, civil unrest, lightning, fires, explosions, storms, floods, other natural disasters, strikes, lockouts, other labor conflicts, as well as acts and actions of public authorities or management, entailing the impossibility of the implementation of this Agreement.
5.3. With regard to the provisions on liability not expressly provided for in this Agreement, the effective legislation of the Russian Federation is applicable.
6.1. The T.O.P. undertakes to ensure the confidentiality of any information with respect to the Participant that has become known to it in the course of rendering the Services under this Agreement.
6.2. If one of the Parties submits any information and data indicated by the disclosing Party as confidential in the process of fulfilling the obligations, the other Party undertakes:
6.2.1. properly maintain confidentiality of information and data, in accordance with clause 6.1 of this Agreement;
6.2.2. use information and data declared as confidential, strictly for the purpose of fulfilling obligations under this Agreement;
6.2.3. reproduce information and data declared as confidential only if necessary to fulfill its obligations under this Agreement.
6.3. The provisions of Art. 6 of this Agreement shall not apply to information and information that:
6.3.1. are accessible and known to a wide range of persons;
6.3.2. became known to one Party from a source other than the Party that provided them;
6.3.3. are known to third parties as a result of their disclosure by the disclosing Party without any restrictions;
6.3.4. must be disclosed in accordance with the requirements of the current legislation.
6.4. T.O.P. has the right to disclose confidential information and data to its employees, subcontractors and affiliates only with strict observance of the provisions of Art. 6 of this Agreement.
6.5. T.O.P. has the right to disclose confidential information to state authorities authorized to request such information in accordance with applicable law on the basis of a duly executed request for such information, and T.O.P. shall not be not responsible for such disclosure.
6.6. The parties fully recognize the right of each other not to disclose confidential information, except for the information required by T.O.P. to provide Services under this Agreement, including, but not exclusively, information on strategic planning, personnel policy, organization of business processes, as well as any know-how, development and software products.
6.7. The term for non-disclosure of confidential information and data is equal to the term of this Agreement, extended for the next 12 months after its termination.
6.8. T.O.P. undertakes to ensure the processing of the personal data of the Participant in accordance with the Regulation on the processing of personal data posted on the Site at: https://www.aasurgery.ru/en/obrabotka_personalnih_dannih/
7.1. In the event of any inconsistencies or claims arising out of or relating to this Agreement or its violation, termination or validity, the Parties shall endeavor to settle such disputes out of court.
7.2. The Parties acknowledge the obligation to notify each other in writing of all the existing claims in a pre- judicial order. If only disputes and disagreements were not resolved in a pre-judicial order, the Parties shall forward them to the competent court of the Russian Federation for consideration if no other jurisdiction is established by the current legislation of the Russian Federation.
7.3. This Agreement is governed by the current legislation of the Russian Federation.
8.1. Participant in accordance with the Federal Law of July 27, 2006 No. 152-FZ "On Personal Data" as a result of the conclusion of this Agreement hereby gives T.O.P. consent to the storage and processing, including automated, of information relating to personal data (the "Personal Data") of the Participant, including: surname, name, patronymic, passport data, contact phone number, e-mail address, payment amounts, and any other personal data, including collection, systematization, accumulation, storage, updating (modification), distribution (including transfer), depersonalization, blocking, destruction of personal data. Processing of Personal Data is carried out solely for the purpose of: (i) performing by the T.O.P. of the contractual obligations to the Participant, (ii) making settlements with the Participant, (iii) providing the Participant with information on the services rendered to the T.O.P., (iv) informing the Participant of changes in the terms and conditions of the Services, provisions of the Offer, about new products and services developed and / or offered by T.O.P.. The Participant agrees to receive advertising information when concluding this Agreement. The Participant may at any time withdraw consent to receive advertising information by sending a written request in an arbitrary form to the e-mail address vr@aasurgery.ru.
8.2. The consent given by the Participant in respect of the processing of personal data specified in clause 8.1. of this Agreement shall be given to the T.O.P. before the expiration of the terms for storage of the relevant information or documents containing the above information determined in accordance with the legislation of the Russian Federation, after which it may be withdrawn by sending the relevant written notification to the T.O.P. not less than 3 (three) months prior to the withdrawal consent. Withdrawal of consent to the processing of personal data automatically means a unilateral refusal of the Participant from further provision of the Services.
8.3. Personal data processing is performed by T.O.P. using the following basic methods, including means of automatization (but not limited to): storage, recording on electronic media and their storage, drawing up lists, marking.
8.4. The Participant understands and agrees that any information that has became known to T.O.P. about the Participant in connection with the performance of obligations under this Agreement may be used by T.O.P. for marketing purposes, including for advertising events, notification distribution, advertising information. If the Participant refuses to use information about him for the purposes specified in this clause, the Participant sends T.O.P. a corresponding written application that does not automatically terminate the Agreement if the forwarded application indicates that the Participant refuses directly from using personal data in the purposes specified in this clause.
9.1. As T.O.P. provides photo and video shooting during the provision of the Services, the Participant hereby provides T.O.P. with the following exclusive rights to use its image without restriction on the territory of use and by the term (duration) of use:
9.1.1. to create any audio-visual product (hereinafter referred to as the "Product") using the Participant's image obtained during the video or photography process performed by the T.O.P. in providing the Services to the Participant, transmit them on air or inform the public by cable,
9.1.2. to record previously not recorded Product;
9.1.3. to reproduce the recordings of the Product;
9.1.4. to broadcast or cable the recording of the Product, if originally this record was not made for commercial purposes;
9.1.5. to rent Product published for commercial purposes;
9.1.6. distribute and / or replicate the Product;
9.1.7. to communicate the record of the Product to the public in such a way that any person (or a person who meets certain T.O.P. criteria) can have access to it interactively from any place and at any time of his choice (right to bring to the public);
9.1.8. rework or otherwise process the recording of the Product;
9.1.9. separately use the sound or image of the Product;
9.1.10. use the fragments of the recording of the Product as an integral part of any works by all means provided for in this Agreement.
9.2. Exclusive rights to the use of the Product include the use of the Image of the Participant in any way and in any form that does not prejudice the honor and dignity of the Participant, which extends to:
9.2.1. use the Product or its individual fragments in research and advertising and marketing purposes T.O.P., including the use of the Work or its individual fragments in educational, educational videos, production of commercials and plots for publication in the media;
9.2.2. use the Product or its individual fragments in other audiovisual and / or other products created with advertising and marketing purposes;
9.2.3. use the Product or recording of the Product (its individual fragments) using inserts, advertisements, any other messages and audiovisual works, etc.;
9.2.4. the right to install, cut, duplicate, translate and/or otherwise modify the Product at the discretion of the T.O.P. to ensure proper use and display of the Product in any country of the world, etc.
9.3. By signing this Agreement, the Participant confirms that it will not challenge copyright, related and proprietary rights of T.O.P. to the image of the Participant used in the creation of the Product.
10.1. This Agreement shall enter into force at the time of its signing by the Parties and shall remain in effect until the completion of the provision of the Services defined in accordance with the Certificate for Acceptance of the Services rendered (paragraphs 4.1.5, 4.3.5 hereof). The Parties have the right to agree on another term of this Agreement by drawing up an additional agreement to this Agreement.
10.2. The Participant has the right to terminate this Agreement at any time by giving a relevant written notice to T.O.P. not less than 10 (ten) days prior to the date of termination. If such notification is received prior to the commencement of the T.O.P. of the relevant Services, T.O.P. is required to return 50% (Fifty percent) of the advance payment made by the Participant, and if such notification is received after the beginning of the provision of the Services, a prepayment is not refundable.
10.3. T.O.P. have the right to terminate this Agreement with the consent of the Participant, or in the following cases:
- violation by the Participant of the terms of this Agreement;
- the impossibility for T.O.P. to complete the provision of the Services provided by the Agreement resulting from the failure of the Participant to provide the documents and/or information required for the provision of the Services, the Participant's failure to fulfill the obligation set forth in clause 4.1.4 of this Agreement and any other failure by the Participant to fulfill its obligations under the Agreement, in cases when T.O.P. notified the Participant in writing (in particular via e-mail) in advance that such obligations are necessary to execute. At this case, T.O.P. sends a request to the Participant to pay a part of the cost of the Services, which is proportional to the actually rendered part of the Services. Determination of the amount payable for the actually rendered part of the Services is the exclusive right of T.O.P. and shall be carried out exclusively at the discretion of T.O.P. within the cost of the Services.
10.4. From the moment of occurrence of the event specified in clause 10.3 of this Agreement until the violations or impediments on the part of the Participant are eliminated, full or partial fulfillment of the obligations by T.O.P. under this Agreement remains at the discretion of T.O.P.. During this period, the Participant has no right to demand T.O.P. the full or partial provision of the Services. The Participant also has no right to claim T.O.P. any compensation for costs, damages and/or missed profits caused by the suspension of the provision of the Services.
10.5. T.O.P. shall not be liable for any damage, loss or expense incurred by the Participant as a result of termination of this Agreement or suspension of the provision of the Services in accordance with clause 10.3 of this Agreement.
11.1. All previous agreements, negotiations and correspondence between the Parties on issues governed by this Agreement shall become invalid from the moment of signing this Agreement.
11.2. All changes, additions, annexes to this Agreement, executed in writing and signed by the Parties, are its integral part and have equal legal force with it.
11.3. All other messages and proposals, as well as any other documents related to this Agreement, with the exception of the Certificates for Acceptance of the Services and written claims, may be sent to the postal and electronic addresses of the Parties and are appropriate if it is possible to identify the sending person (for example, contain name, e-mail address, contact information of such person). The parties agreed to apply the rules for a simple electronic signature to the signing of documents that constitute the content of electronic correspondence, considering as such a simple electronic signature the mailbox addresses specified in the T.O.P. requisites and contained in the Participant's data specified in the Registration, equating such simple electronic signatures to the analogue of the handwritten signature of the Parties, and documents in electronic form to the analogs of documents on paper. The Parties undertake to keep the keys of their electronic signatures confidential.
11.3. On all matters that are not regulated by this Agreement, the Parties are guided by the current legislation of the Russian Federation, in particular the Civil Code, the Federal Law "On Personal Data", the Federal Law "On Electronic Signatures".
T.O.P.:
Limited Liability Company «TEAM OF PARTNERS» (LLC "T.O.P. ")
Legal address 191015, St. Petersburg, Tverskaya street, building 1, litas. A, p. 50-N.
OGRN OGRN 1197847002484, INN 7806512448
General Director Polina S. Kulakova