1. General Provisions
1.1. This public offer (hereinafter “the offer” / “Offer”) represents the official offer of the individual entrepreneur Safiyulin Albert Radikovich (TIN 331108567690 OGRNIP 315333900004481), as well as registered, hereinafter referred to as “User” / “Advertiser” or “Separate Named” “Party ”, And collectively -“ Parties ”, on the conditions listed below.
1.2. In accordance with paragraph 2 of Art. 437 of the Civil Code of the Russian Federation, this document is publicly valid and if the following conditions are accepted. In accordance with paragraph 3 of Art. 438 of the Civil Code of the Russian Federation, acceptance of the offer is equivalent to concluding an agreement on the conditions set forth in the Offer. The offer specified in this offer is unconditionally accepted by the Parties.
1.3. It turned out that you cannot do this.
1.4. The administration and the user / advertiser have mutual guarantees of their rights and legal capacities necessary for concluding and executing this agreement.
1,5. The contract is concluded in the form of a public offer that does not require bilateral signing and a valid document in electronic form.
2. Definitions and terms
2.1. For the purposes of this Offer, the following terms are used in the following meaning:
“Public offer (offer)” - a proposal to conclude an agreement on the terms and conditions specified in this activity that are being implemented are recognized as acceptance of the offer (an offer is submitted to conclude an agreement).
“Offer Acceptance” - creation of a user account and / or account advertiser on the Service website.
“Agreement” - an agreement that defines the totality of legal relations.
“Service” - Internet resource available at https://surfe.be and https://surfe.pro owned by the Administration. An application is a collection of programs, including websites, and higher; a mobile application and browser extension are available. An advertising agent may also demonstrate on the websites of the partners of the Administration.
“Services” - information and intermediary services provided by the Administration by the Parties, provided by the advertising agent, and advertising agents owned by advertisers posted on the Administration Service.
“User” - a competent individual, carried out by an accent.
“Advertiser” - The user who posted the Content through the Administration Service.
“Content” - information materials, including graphic and / or audio, and / or text, and / or video, and / or other data that the advertiser places using the service, and the administration shows them to users.
“My Account” - access to authorized users and / or advertising agencies, the provision of account management services, the placement of services, the viewing of services for the provision of services, the viewing of accounts, the provision of services (replenishment of an advertising account), receipt of remuneration (through money transfer from a user to an electronic wallet).
“Advertising account” - the account available to the Advertiser in the Personal Account shows the amount of money paid in advance for the services of the Administration spent on the demonstration of the Content Administration.
“User account” - account available to users in your account. They are the funds payable by the Administration by transferring users to an electronic wallet.
“Task” - The controller of a certain type, with the advertiser selected in the Dashboard.
“Task account” - account, access to advertising media in your account
In this Offer, terminological and definitions may also be used. In this case, the interpretation of such terms and definitions is in accordance with the context in which they are used.
3. Subject of the offer
3.1. Under this offer, the Administration undertakes, on the Advertiser’s instructions, to provide the latter with Services to demonstrate Content to an unlimited number of Users, and the Advertiser undertakes to accept and pay for these services. When the User views the demonstrated Content in compliance with the conditions specified by the Offer, the Administration pays the corresponding fee to the latter.
3.2. The User, at his discretion and on his own responsibility, is given the opportunity to use the Service as a tool for the possible receipt of a fee when viewing the Advertiser Content posted on the Administration Service.
3.3. The advertiser, at his discretion, at his own risk, is given the opportunity to post Content on the Service for the purpose of demonstrating the latter to the Administration Service to an unlimited number of users.
3.4. The user gets access to viewing Content on the Service after registration / authorization.
3.5. Registration on the Service by the User and / or Advertiser and the creation of an account, indicates that the latter unconditionally accept and follow all the points of this offer (Offer Acceptance).
4. The procedure for using the service
4.1. In order to use the Services within the functional, the User:
4.1.1. It is registered by creating an account, indicating: the desired username, valid email address and password for the account.
4.1.2. Authorizes in the Service using the specified username and password.
4.1.3. Installs the extension in the browser and / or mobile application in order to gain access to the Service and view the Content.
4.1.4. Upon the fact that the User views the Service Content to the last Administration, funds (remuneration) are credited to the User account.
4.1.5. Payment of funds from the User account is carried out to electronic payment systems available to the User in the Personal Account, hereinafter referred to as “EPS” (electronic wallets), including, but not limited to: Qiwi, Yandex, Webmoney, Payeer and AdvCash. The user has the right to receive payment of remuneration in the manner indicated above, or to transfer funds to the Advertising account for further independent placement of Content on the Service. In this case, all fees associated with the transfer of funds to the User are paid by the User.
4.2. In order to use the Services within the functionality, the Advertiser:
4.2.1. Carries out a list of actions described in paragraphs. 4.1.1, 4.1.2.
4.2.2. It pays for the Services, replenishing the Advertising account, in cash in the form of an advance payment. The Advertiser also has the right to replenish the Advertising account through electronic wallets, including, but not limited to: Qiwi, Yandex, Webmoney, Payeer and AdvCash.
4.2.3. Creates a Task in the Personal Account by selecting the type of Content he needs and then downloading it. For the Administration to launch the demonstration of the Task (Content), the Advertiser transfers the funds from the Advertising account to the Account of the task. Information about the tariffs for the provision of the Services is displayed in the Personal Account on the page for creating the Task.
4.2.4. The Service is considered to be provided by the Administration appropriately and accepted by the Advertiser upon the demonstration of the Content of the corresponding Task on the Service. The parties agree that this action is equivalent to signing the act of acceptance of the rendered Services on paper and has legal force.
4.2.5. The collected statistical information on the demonstration of Content is available to the Advertiser in the Dashboard. Statistical information can be deleted from the servers of the Service at the discretion of the Administration as the storage is full, but not earlier than after 6 months.
4.3. The cost of the Services for placing Content by the Advertiser on the Service is not fixed and may be changed unilaterally by the Administration.
5. Obligations of the parties
5.1. Administration undertakes:
5.1.1. Properly provide the User and the Advertiser with the Services on the terms of this Offer.
5.1.2. Provide the User and the Advertiser with the necessary support and feedback.
5.1.3. Provide access to statistical information on the demonstration of Content in the User Account to the User and Advertiser.
5.1.4. Without the consent of the User and the Advertiser, do not disclose to third parties the information received from them, observing its confidentiality.
5.1.5. Observe the confidentiality of the User’s personal data if the latter were provided to the Administration. Details on the procedure for collecting, using and disclosing the User’s personal information are specified in "Policy on the processing of personal data". The administration is not responsible in case of unauthorized access of third parties to the user account.
5.2. The Advertiser undertakes (in addition to the obligations in Section 5.3, also applicable to Advertisers):
5.2.1. To provide for demonstration by the Administration to the Users the Content that belongs to it on the basis of ownership or other right defined by the current legislation of the Russian Federation (hereinafter referred to as “the Russian Federation”), as well as corresponding to the requirements of Section 10 of the Offer.
5.2.2. Do not repeat, copy or use the elements of the Service for illegal purposes.
5.2.3. Provide within three days at the request of the Administration a written confirmation of the rights to the posted Content in the format specified in the request at the discretion of the Administration. By accepting the Offer, the Advertiser certifies and guarantees the observance of the rights of third parties / copyright holders when posting Content. In case of violation by the Advertiser of this clause on the provision of confirmation of rights to the posted Content, the Administration has the right to suspend the provision of Services.
5.2.4. Fully and independently order the Services on account of the funds paid in advance transferred to the Advertising account / Job account. If the Advertiser does not use the funds of the Advertising Account for the formation of the Task, the Administration does not return these funds.
5.2.5. If, as a result of intentional actions (including unlawful) of the Advertiser, the Administration provided the Services in an amount exceeding the amount of money on the Advertising Account, the Advertiser undertakes to make a full payment of the cost of the actually rendered Services.
5.3. User agrees:
5.3.1. Provide reliable information when registering for the Service.
5.3.2. Regularly get acquainted with the current content of this Offer placed on the Service.
5.3.3. Do not repeat, copy or use the elements of the Service for illegal purposes.
5.3.4. Bear personal responsibility for the safety and security of your account registered on the Service, using all means available to protect personal data and a computer from malicious software.
5.3.5. Do not disseminate information that could harm the Administration. Such information includes information that discredits the reputation of the Administration, which leads to or may result in losses and / or loss of profit of the Administration. If the User permits the dissemination of this information, he is responsible to the Administration for losses caused by the fact of dissemination of such information, including lost profits.
5.3.6. Do not use any automation tools in the process of working with the Service, the effect of which directly or indirectly affects the increase in the amount of remuneration when viewing the Content of Advertisers placed on the Service, and under no circumstances interfere with the User’s identification system in order to circumvent restrictions by intentionally distorting the personification data (including, but not limited to: changing the IP address, deleting and / or changing the cookie and / or using multiple browsers and / or changing the User-Agent, etc., with the exception of cases agreed upon with the Service Administration).
5.3.7. Do not create or use more than one account on the Service, unless otherwise agreed with the Administration of the Service.
5.3.8. Observe other duties specified in this Offer.
6. Rights of the parties
6.1. The administration has the right:
6.1.1. In case of violation by the User / Advertiser of the conditions of the Offer, at its discretion, suspend or terminate the fulfillment of its obligations under the Agreement.
6.1.2. At any time, without explanation, block or delete the User / Advertiser account on the Service without the possibility of its restoration.
6.1.3. To carry out the demonstration of the Advertiser’s Content to the Users, provided that the Advertiser fulfills all the obligations undertaken by this Offer.
6.1.4. Post on your Service any Content in compliance with the laws of the Russian Federation.
6.1.5. Remove from your servers any Content that, in the opinion of the Administration, is unacceptable, undesirable or violates the requirements set forth in Section 10 of this Offer, as well as unclaimed Content (that is, the Task deleted by the Advertiser in the Personal Account).
6.1.6. Without warning the Advertiser, change the options for the Task configurator that are available to the Advertiser when it is created.
6.1.7. Demand from the Advertiser timely and full payment for the Services provided in accordance with this Offer.
6.1.8. Change the terms of the Offer unilaterally, notifying the User by posting information in the Personal Account and / or on the website.
6.1.9. Change the content and functionality of the Service, at its discretion, including, but not limited to, the size of the remuneration of the Users and / or the cost of providing the Services to Advertisers.
6.1.10. Suspend the operation of the Service at any time without prior notice in order to update the Service, carry out preventive work, in case of technical failures, during the actions and / or inaction of third parties and / or for other reasons beyond the control of the Administration.
6.1.11. Delete the User / Advertiser account without notice, if the latter did not use the Service for more than 60 calendar days.
6.1.12. Refuse to provide the Services at its discretion without explanation.
6.2. The user has the right to:
6.2.1. To get access to the Service at any time, except for the time of carrying out preventive maintenance or failures caused by the actions of third parties, and not depending on the will of the Administration in accordance with clause 6.1.10. Offers above.
6.2.2. To request from the Administration information on issues related to the organization and ensuring the proper provision of the Services, other information affecting its rights and legitimate interests.
6.2.3. Use the Service within its functionality and on the conditions established by this Offer.
6.2.4. At any time and at will, refuse to receive the Administration Services.
6.2.5. Independently choose, determine whether he wants to participate in viewing the Content of the Advertisers.
6.3. When fulfilling its obligations, each Party to this Offer must act in good faith, respect the rights and legitimate interests of the other Party, including after the termination of the Agreement.
7. Dispute Resolution
7.1. All disputes, disagreements and claims that may arise in connection with the execution, amendment, termination or termination of the Agreement / Offer, the Parties will seek to resolve through negotiations. A party that has a disagreement sends a complaint to the other Party.
7.2. The claim is sent by the User from an authorized email address (indicated by the User when registering an account on the Service) to the Administration’s email address email@example.com, and is also duplicated in writing by sending a claim via by registered mail with a delivery confirmation and a list of attachments to the Administration's mailbox - Moscow Region, Lyubertsy, PO Box 14402, No. 140, in accordance with Article 165.1 of the Civil Code of the Russian Federation. The claim must contain the essence of the claim and evidence supporting the claim.
7.3. The party that received the claim in hard copy in the original, agrees to send a written response to the relevant party within 15 (fifteen) business days from the date of its receipt.
7.4. In the event that a written response to the relevant claim is not sent within 15 (fifteen) business days and / or the Parties do not agree on the claims and / or disagreements that have arisen, such a dispute shall be considered in the Moscow Arbitration Court.
8. Responsibility of the parties
8.1. Users / Advertisers are solely responsible for their actions / inaction when using the Service.
8.2. The User / Advertiser is aware and agrees that he must independently evaluate all risks associated with the use of Content posted on the Service, including an assessment of its reliability and / or completeness and / or usefulness.
8.3. The administration is only liable for intentionally committed acts.
8.4. Administration is not responsible:
- for the practical applicability and value of information received by users in the course of the provision of the Services;
- for the content of the Content demonstrated by the Advertisers, including the legitimacy of the use by Advertisers of trademarks, logos and other objects of intellectual property rights of both their own and third parties. The administration does not verify the content, authenticity and safety of these materials or their components, as well as their compliance with the requirements of the applicable law, and whether the Advertisers have the necessary rights to use it in accordance with the legislation of the Russian Federation;
- for any indirect, incidental, unintentional damage caused to Users and / or Advertisers and / or third parties, including, but not limited to, material damage, loss of profit, data leakage, damage to honor, dignity or business reputation, in connection with the use of Service (including the content of the Service and / or other materials that Users, Advertisers or other third parties have accessed through the Service);
- for the leak of personal data of the User and / or Advertiser as a result of hacker attacks and / or illegal actions of other third parties;
- for failure to provide and / or improper provision of the Services in the event of failure of the Service due to the fault of third parties (including, but not limited to, failures in the operation of server and / or network equipment), for which the Administration is not responsible and cannot be affected, but also in the event of force majeure;
- for failure to obtain a result / obtaining a result below expectations from the use of the Service by the User and / or Advertiser;
- in the event that access to the account of the User and / or Advertiser was obtained by third parties.
- for the disclosure of the email address and / or password of the User / Advertiser account to third parties. The user is solely responsible for their safety and non-disclosure to third parties.
8.5. The services are not intended for persons under the age of 18 (eighteen) and for disabled persons. In the event of an accidental visit to the Service, such persons must leave it. The administration is not responsible for any undesirable consequences in case of failure to comply with this requirement by these persons.
8.6. In case of untimely and / or incomplete payment of funds in accordance with clause 5.2.5. Offers above, the Advertiser is obliged to pay a penalty in the amount of 1% of the amount owed for each day of such delay.
8.7. In all other respects, which is not provided for by the Offer, the Parties shall be liable for failure to fulfill and improper performance of obligations in accordance with the current legislation of the Russian Federation.
8.8. In case of violation by the Advertiser of section 10 of the Offer and / or paragraphs 5.2.1 and / or 5.2.3 as a result of which the Administration received any claims and / or claims for violation of any intellectual rights / rights to objects of intellectual activity / right on intellectual property in connection with the provision of the Services, the Advertiser shall indemnify for any loss / material damage (including, but not limited to, the costs of legal representation caused by the need for the Administration to participate in such a dispute and / or legal process) and relieve the Administration of liability in connection with any or claims arising from any third party who claims that the Administration has violated or is violating the intellectual property rights of such a third party when providing the Services.
8.9. The Parties shall be exempted from liability for partial or complete failure to fulfill obligations under this Agreement during its term if it is caused by force majeure / force majeure circumstances, namely, in combination or separately: fire, flood, earthquake and other natural disasters, war, prohibitions or other actions of public authorities and administrations, the announcement of a pandemic, epidemic and other circumstances beyond the control of the Parties. Moreover, the performance of obligations under this Agreement is postponed in proportion to the time during which such circumstances were in force. In this case, the party exposed to force majeure undertakes to notify the occurrence of such circumstances and their approximate duration. The administration has the right to notify such force majeure by posting a notification on the Service.
9. Intellectual Property Rights
9.1. Exclusive rights to the object of intellectual activity - the Service belongs to the Administration.
9.2. The Service, its components, methods, technologies (know-how) and / or any components cannot be copied (reproduced), processed, distributed, published, downloaded, transferred, sold or otherwise used in whole or in part without the prior written permission of the Administration .
9.3. The Advertiser provides the Service Users with a non-exclusive right to use the Content by viewing, reproducing (including copying), distribution, public display, in such a way that any person can have access to it online from any place and at any time of his choice (the right to be made public) and other rights solely for the purpose of personal non-commercial use, except in cases where such use causes or may harm the interests of the copyright holder / Advertiser and / or the Administration protected by law.
9.4. The advertiser who posted the Content provides the Administration with a non-exclusive right to use it in order to ensure the Administration's functioning of the Service (demonstration by bringing such Content to the public), as well as for the purpose of advertising the Service on various other information resources.
9.5. The administration has the right to transfer the rights specified in clause 9.4. Offers to third parties without prior written approval from the Advertiser / copyright holder.
9.6. By accepting this Offer, the User / Advertiser gives the Administration the right to use any correspondence, reviews on sites collecting user reviews of the Internet about goods and services, as well as reviews in application / extension directories (Google Play Market, AppStore, Chrome Web Store) left about the operation of the Service for advertising and other purposes.
10. Content requirements
10.1. When placing Content, the advertiser agrees to comply with the existing rules and restrictions established by the laws of the Russian Federation, to have all the necessary permits, approvals, licenses or certificates. The advertiser undertakes not to post information (materials) which, including, but not limited to:
10.1.1. Does not meet the requirements of the current legislation of the Russian Federation;
10.1.2. contains abusive words, obscene and abusive images, comparisons and expressions in relation to gender, race, nationality, profession, social categories, age, religious symbols, official state symbols;
10.1.3. It is unscrupulous, unreliable, misleads the consumer, including:
- contains false information about the product (product / service),
- contains inaccurate information about discounts / promotions / sales, their terms and rules,
- contains / imitates standard elements of the user graphic interface that do not have the corresponding functionality directly in the advertising material, for example, a cursor image, and / or design elements of the Service pages or other pages that do not belong to the Advertiser,
- does not give a clear idea of who is the source of the information contained in the advertising message / information material;
10.1.5. encourages the commission of unlawful acts and / or calls for violence and cruelty;
10.1.6. is an advertisement of a product whose advertisement is prohibited in this way, at this time or in a given place.
10.2. The Service does not accept Content related to tragic events, including, but not limited to shocking information.
10.3. The text of information materials (Content) should be compiled in Russian or English.
10.4. Cost indicators must be indicated in rubles, and, if necessary, additionally in foreign currency.
10.5. The content should correspond to the content of that page of the site or other resource to which the advertising link leads. For example, if the Content contains information about the discount, then the advertising link should lead to the page of the Advertiser's website, where this discount is explicitly indicated.
10.6. The use in superlative information materials of the names of adjectives and / or information about the advantages of the advertised product over the goods in circulation is allowed if the specified information is confirmed by relevant research (conclusions, etc.) of third parties.
10.7. Advertising materials must not use low-quality images, including:
10.7.1. Images with distortion and interference (artifacts) due to file compression;
10.7.2. Low resolution, low definition graphics and pixels.
11. Other conditions
11.1. The offer is valid from the moment of its publication on the Service and until its cancellation by the Administration and can be accepted by the User / Advertiser at any time.
11.2. The terms of this Offer may be changed unilaterally by the Administration. All changes will be applied to the relations of the Parties arising after the introduction of changes.
11.3. Any changes to the Offer made by the Administration unilaterally take effect on the day following the day the changes are posted on the Service.
11.4. This Offer, the procedure for its acceptance and execution of the Agreement, as well as issues not regulated by this Offer, are governed by the current legislation of the Russian Federation.
11.5. The current version of this Offer is available on the Service and is available on the Internet at: https://surfe.be/site/terms-of-service.
12. Administration details
SP Safiyulin Albert Radikovich
Address: Moscow Region, Lyubertsy, 140002 PO Box №140
+7 499 4907126