Public Offer
For the provision of services for placing advertising on the Internet
The text of the agreement set out below is addressed to an indefinite circle of persons and constitutes an official public offer by Ildar Gambarovich Yamaev (Individual Entrepreneur) to enter into an agreement for the provision of services for placing advertising on the Internet, addressed to an indefinite circle of persons and aimed at attracting attention to the advertised object, and distributed on the Internet within the Territory on the terms and within the time limits established by this agreement.
The agreement is deemed concluded and becomes effective from the moment a person (hereinafter referred to as the Customer) performs the actions provided for in Section 6 of the agreement, which mean the Customer’s full and unconditional acceptance of all the terms of the public offer without any exceptions and/or limitations.
Ildar Gambarovich Yamaev (Individual Entrepreneur), hereinafter referred to as the “Contractor”, expresses the intention to enter into an agreement for the provision of services for placing advertising on the Internet and distributed on the Internet within the Territory with “Customers” on the terms of this Public Offer (hereinafter referred to as the Agreement).
1. Terms and definitions
- Internet / The Internet
- a worldwide global public computer network.
- Website
- a website on the Internet located at a specific address.
- Web page
- an internal page of a Website.
- Advertising materials / Advertising
- information and materials addressed to an indefinite circle of persons and aimed at attracting attention to the advertised object, creating and maintaining interest in it, and promoting it on the market.
Within the framework of this Public Offer, Advertising materials may be размещены in the following forms (formats):
- “Banner”
- advertising materials in the form of graphic modules (a static or animated image) embedded in the code of a Website page, available for viewing and for users (visitors) to take actions.
- “Video material”
- an advertising video, mini-film, informational story with synchronised text, and other visual or audiovisual works.
- “Text-and-graphic block”
- an information block consisting of formatted text and a graphic image.
- “Display advertising”
- a static image (in GIF, JPEG, etc. formats) or a dynamic image (using Flash technology or other technologies) displayed on a Website, with possible inclusion of a hyperlink.
- “Integrated advertising”
- advertising that combines elements of Display and/or Text-and-graphic advertising, as well as elements of other forms of advertising agreed by the Parties.
Integrated advertising may be distributed, including but not limited to, in the following types:
- “Showcase”
- a type of Integrated advertising представляющая собой a text-and-graphic block consisting of a static and/or dynamic image, as well as text with possible inclusion of a hyperlink.
- “Special project”
- a type of Integrated advertising that includes, among other things: an image of the advertised object, the Website address of the advertised object and/or the advertiser, elements of the advertiser’s corporate identity integrated into the Website, interactive tests, polls, оформление sections and/or pages of the Website with advertising and informational materials in the advertiser’s style (branding, тематический section), размещение web applications, multimedia presentations, animation, etc.
- “Promo page”
- a Web page created specifically for размещение advertising.
- “Paid search advertising”
- a word or group of words in a text (keywords) placed on a Website, with possible inclusion of a hyperlink.
- “Informational materials”
- information about the advertiser, the advertiser’s activities and/or the advertiser’s news occasions, размещаемая in the form of an article, review, report, etc., in the relevant thematic section with the option to place an announcement on the homepage, both with the label “advertising” and without such a label.
- “Post”
- posting information about the advertiser on social networks on the Internet; may contain a photo or other graphic element, text, and a link.
Advertising materials may also be placed in other forms (formats) additionally agreed by the Parties.
- Territory
- the territory of the Russian Federation.
The Parties have agreed on the following types of placement of advertising materials:
- dynamic placement / rotation — placement of advertising materials on a Website, where advertising materials of an advertiser are shown in turn with other advertising materials of third parties in one advertising slot for a certain period and/or a certain number of times;
- static placement / fixed — placement of advertising materials of one advertiser in one advertising slot on a Website for a certain period and/or a certain number of times;
- placement of informational materials in the form of articles, reviews, reports, etc.
- Owner (advertising distributor) of the Website
- a person who independently and at their discretion determines the порядок of use of the Website, including the procedure for размещение Advertising and other information on such a Website.
- Online media positions
- the place where Advertising material is displayed (shown) on Website pages.
- Reporting period
- the calendar month in which the Advertising placement services were provided.
- Product brand
- a unique designation assigned by the Customer/the Customer’s Client to the advertised object, used for individualisation, recognition and memorability of the advertised object, as well as for unambiguous identification of advertising materials.
- Financial brand
- a unique условное designation assigned by the Customer/the Customer’s Client to one product brand or a group of product brands, used by the Parties for bookkeeping purposes; i.e., it is a unique object of accounting and financial reporting.
- Advertising project
- a conditional designation of a set of financial brands whose advertising placement services are provided under this Agreement.
- Advertising campaign
- placement of the Customer’s/the Customer’s Client’s Advertising materials, limited by the agreed time period from the date of the first to the date of the last appearance of the Advertising material on Websites, which may consist of one or more stages (flights) united by a single communication goal.
- Click
- a user переход from an Advertising material link to the corresponding Website.
- Impression
- display of an Advertising material in an online media position of a Website to its visitor.
- Remnant traffic
- unsold traffic of Websites.
- Statistics system
- a software program that records the number of ads placed on a Website.
- Statistical report
- an electronic document confirming the actual placement of Advertising materials (campaign delivery) on Websites, containing the placement period, information about the number of impressions and/or the number of clicks. The statistical report may also contain other information.
- “Website”
- the website located in the information and telecommunications network Internet at: https://ildarppcspecialist.com , where the offer agreement and the information necessary to review and accept the offer are размещены.
- “Order”
- a set of sequential actions by the Customer, namely submitting an application and paying the cost of such placement сформированного by the Contractor.
- “Acceptance of the offer”
- providing a consent letter (acceptance) or paying for the Contractor’s services for placing advertising on the Internet within the Territory and/or information addressed to an indefinite circle of persons and aimed at attracting attention to the advertised object, and distributed on the Internet in accordance with the terms of this Agreement and in the manner described herein. (The form of the consent letter is provided in Appendix 2 to this Public Offer)
2. Subject of the Agreement
2.1. Under this Agreement, the Contractor, acting on the basis of agreements with the relevant counterparties, undertakes, upon the Customer’s request, to ensure the provision of services for placing advertising on the Internet within the Territory, addressed to an indefinite circle of persons and aimed at attracting attention to the advertised object, and in accordance with the terms of this Agreement (hereinafter “advertising placement services”), and the Customer undertakes to accept and pay for the services provided in the amount and порядке stipulated by this Agreement.
2.2. In order to perform its obligations under this Agreement, the Contractor may engage third parties, while remaining responsible to the Customer for performance of this Agreement.
2.3. This Agreement does not apply to political advertising, including campaign materials, sponsorship advertising, as well as social advertising. The Contractor is not entitled to accept and provide such advertising for placement under the terms of this Agreement.
3. Procedure for interaction between the Parties
In order to perform their obligations under this Agreement, the Parties follow the interaction procedure set out below:
3.1. To initiate specific works/services предусмотренных in clause 2.1 of this Agreement, the Customer sends the Contractor an application indicating the Customer’s wishes and requirements for the initiated works and/or services, as well as the сроки for performance/provision. Before the start of services, the Contractor has the right to request the Customer, via email, to provide copies of documents that may allow the Contractor to determine the Customer’s legal capacity, competence, and other title documents. In case of non-compliance and/or invalidity of the provided copies of documents with the requirements of the legislation of the Russian Federation or refusal of the Customer to provide the requested copies, the Contractor has the right to refuse to provide services. (the list of documents is provided in Appendix No. 3)
3.2. After receiving the application, the Contractor sends the Customer an invoice via electronic means (the invoice form is provided in Appendix No. 1 to this Public Offer) indicating the essential placement terms, the cost of works and/or services, and also provides the Customer with other essential information about the terms of performance/provision of services.
3.3. The Contractor may refuse to accept for execution applications from the Customer that do not meet the criteria of reliability and good faith in accordance with Article 5 of Federal Law No. 38-FZ of 13.03.2006 “On Advertising”, as well as the legislation of the Russian Federation.
3.4. The Parties undertake to agree on the essential terms of performance/provision of services specified in the application within a reasonable time, and each Party undertakes to respond to electronic messages from the other Party that предполагающие or requesting a response within no more than 2 (two) business days from the moment such messages are received, unless another period is specified in the message.
3.5. The Parties undertake, upon request of the other Party, to provide a copy of an electronic document on paper or the corresponding paper document certified by the original signature and seal of the Party. An electronic document means any document related to the application, prepared and/or scanned by either Party and sent by email to the other Party under this Agreement.
3.6. The Contractor may not commence performance of_toggle