Job
Job

Offer for the provision of paid services

  • 1. General Provisions
    1.1. https://xlc.autos/ (hereinafter referred to as the “Site”), with this Offer, offers to conclude an agreement for the provision of services (hereinafter referred to as the “Agreement”) with individuals or legal entities who are residents of the Russian Federation who have provided their Personal Data for the execution and execution of this Agreement.
    1.2. By accepting this Offer by performing the actions listed below, you (hereinafter referred to as the “Client”) enter into an Agreement in the manner and scope specified in this Offer.
    1.3. When referred to jointly in the text of the Agreement, the Company and the Client are also referred to as the “Parties”, and each individually as a “Party”. Each Party guarantees to the other Party that it has the necessary legal and legal capacity, as well as all rights and powers necessary and sufficient to conclude and execute the Agreement in accordance with its terms.
    2. Terms and definitions
    2.1. Offer – a real offer, in the sense established by the provisions of paragraph 1 of Art. 435 of the Civil Code of the Russian Federation, posted on the Internet at the address: https://xlc.autos/oferta, sent exclusively to the person who indicated his Personal Data, and containing all the Essential Terms of the Agreement.
    2.2. Acceptance period – the period during which the Client must complete all necessary actions to accept the Offer.
    2.3. The essential terms of the agreement are all the conditions that are set out in this Offer, as well as the name of the Services chosen by the Client and the terms of their provision.
    2.4. The Internet is a worldwide global computer network of public access.
    2.5. Internet resource is a set of integrated software, hardware and information intended for publication on the Internet and displayed in certain text, graphic or audio forms. The Internet resource is available to Internet users through a domain name and (Uniform Resource Locator) - a unique email address, allowing access to information and hardware and software or through the corresponding mobile application.
    2.6. Printed publication – information publication on paper.
    2.7. Information materials - any text, graphic, audio, video and mixed information materials.
    2.8. Placement of information materials - technical placement by the Company of the Client’s Information Materials on Internet resources and in Printed publications of the Company.
    2.9. Services - the Company’s services for Posting the Client’s information materials or other services to the Client in accordance with the terms of the Agreement.
  • 2.10. Media parameters - conditions for posting information materials, including: text of information material, dates of publication (displays), necessary graphic images.
  • 2.11. Registration data – the Client’s identification data intended for the Client’s access to the Personal Account. Registration data consists of: login (the Client’s e-mail is used as a login), password, security question and answer to the security question (used if the Client has forgotten the password).
  • 2.12. Client Personal Data – Client data about himself, which he fills out using the User Interface of the Company’s Internet resource.
    2.13. A personal account on the Company’s Internet resource (hereinafter referred to as the “Personal Account”) is an access interface for managing the placement of the Client’s Information Materials, other services, their payment, and performing other actions with the Information Materials. Login is carried out using the Client's Registration Data.
    2.14. Personal account – an analytical accounting account designed to record the Client’s settlements with the Company and reflecting all financial and credit transactions with a specific Client.
  • 2.15. Personal Account Balance – The difference between the amount of the Client’s advance payments and the amount of funds withheld by the Company for the placement of the Client’s Information Materials. Information about the Personal Account Balance is displayed in the Personal Account.
  • 2.16. Replenishment of the Personal Account - making an advance payment by the Client to pay for future services under this agreement.
    2.17. Expenditure of funds from the Personal Account – expenditure of funds from the Client’s Personal Account to pay for the Client’s services under this agreement.
    2.18. Movement on the Personal Account – Change in the Balance of the Personal Account, both in the positive direction (Replenishment of the Personal Account) and in the negative direction (Spending funds from the Personal Account).
    2.19. Order - the Client’s offer addressed to the Company to provide him with services for the placement of Information materials under this Agreement, indicating all the Media parameters necessary for this placement. The order is submitted by the Client through the Personal Account.
    2.20. Order item is an integral part of the Order, which represents the Client’s offer addressed to the Company to provide him with one specific type of service (placement of a photo advertisement in the newspaper “Бесплатная доска объявлений XLC”, placement of a dedicated private advertisement in the newspaper “Бесплатная доска объявлений XLC”, etc.) indicating all Media parameters necessary to provide this service.
    2.21. The Offer may use terms not defined in this chapter. In this case, the interpretation of such a term is made in accordance with the text of the Offer. If there is no unambiguous interpretation of the term in the text of the Offer, you should be guided by the interpretation of the term: first of all, determined on the Company’s Internet resource, and secondly, the traditionally established interpretation.
  • 2.22. An individual entrepreneur is an individual duly registered in the Unified State Register of Individual Entrepreneurs and engaged in entrepreneurial activities.
    3. Procedure for accepting the Offer
    3.1. The Client concludes an Agreement with the Company by accepting this Offer by sequentially performing the following actions:

     3.1.1. Filling out the Client's Personal Data and sending this information to the Company using the Personal Account.

    • 3.1.2. Depositing funds in the form of an advance payment to the Company's current account in the manner prescribed by this Agreement.
      3.1.3. Using your Personal Account, select a specific service and the period for its provision.
      3.1.4. Transfer funds from your Personal Account using your Personal Account in payment for services ordered in accordance with clause 3.1.3.
  • 3.2. The payment described in clause 3.1.4 must be made within 15 business days from the date the Client fills out and sends the questionnaire (see clause 3.1.1). Otherwise, the Company reserves the right to delete the Client’s Personal Data, which will require the latter to re-send the Personal Data to accept the Offer.
  • 3.3. A mandatory condition for the provision of services by the Company in accordance with the Agreement is the acceptance, compliance and application to the relations of the Parties of the requirements and provisions (hereinafter referred to as the “Provisions”), defined by the following documents: - Document “User Agreement”, posted on the Internet at the address: https://xlc.autos/ polzovatelskoe-soglashenie - Document “Rules for the publication of information materials”, posted on the Internet at the address: https://xlc.autos/services/rules.
  • 3.4. The Company has the right to unilaterally change the conditions, rules, and prices for the placement of Information Materials (see clause 3.3). In case of this change, the Company is obliged to notify the Client no later than 7 (seven) calendar days in advance about the duration and nature of the change using the Personal Account, in particular by publishing a message about this change on the pages of the Company’s Internet resource.
  • 3.5. The Company begins providing services after accepting the Offer in accordance with the provisions of Section 3.
  • MATERIAL CONDITIONS OF THE AGREEMENT. Subject of the agreement
  • 4.1. The subject of this Agreement is the provision of Services by the Company on the terms of the Offer.
  • 5.Rights and obligations of the parties
  • 5.1. The company undertakes
    • 5.1.1. Post Client Information Materials that comply with the requirements of this Agreement and the Regulations;
       5.1.2. Ensure the confidentiality of Client data within the limits established by law;
       5.1.3. Provide Services in accordance with the stated characteristics.

      5.2. The client undertakes:

       5.2.1. Timely and in full pay for the Services provided by the Company in accordance with this Agreement.
       5.2.2. Provide information materials for posting on Internet resources and Printed publications of the Company that comply with the requirements of current legislation (including legislation on advertising, consumer loans, etc.) of the Agreement and Regulations.
       5.2.3. Comply with the Regulations (“User Agreement” and “Rules for the publication of information materials” posted on the Internet at https://xlc.autos/).
       5.2.4. Before creating an Order, familiarize yourself with all changes that may have occurred in the Offer and the Regulations (see clauses 3.4, 14.3).
       5.2.5. Guarantee the Company the availability of all documents necessary for the publication of Information Materials, provided for by current legislation, their compliance with the requirements of current legislation, and also provide these documents upon the first request of the Company;
       5.2.6. Independently familiarize yourself with the rules of operation of the Company’s Internet resource, changes in these rules, as well as all changes in the Agreement and Regulations.
       5.2.7. Fully and independently use all funds transferred to the Company’s account as an advance payment for the Services provided, as well as carry out movement on the Personal Account at least once every 6 calendar months.

  • 5.3. The company has the right:

     5.3.1. Require from the Client timely and full payment for the services provided in accordance with this Agreement.
     5.3.2. Unilaterally terminate the provision of services or refuse to fulfill this agreement (clause 2 of Article 782 of the Civil Code of the Russian Federation).
     5.3.3. Do not post Client Information Materials, the content of which contradicts the provisions of clause 5.2.2 of this Agreement.
     5.3.4. Edit the Client's Information Materials (without distorting information) so that they comply with the terms of this Agreement, as well as the Regulations.
     5.3.5. Send informational letters to the Client via the email specified by him on behalf of the Company.

    6. Payment procedure and cost of Services
    6.1. Services are provided to the Client on the basis of advance payment for Services. The Client makes an advance payment in the amount of 100% (One hundred percent) of the total cost of the ordered Services based on the invoice issued by the Company to the Client for payment (hereinafter referred to as the “Invoice”).
    6.2. Payment for the Company's Services is made by transferring funds in the currency of the Russian Federation - rubles, by any of the methods indicated in the Personal Account.
    6.3. Guided by the provisions of paragraph 4 of Art. 185 of the Civil Code of the Russian Federation and para. 2 p. 1 art. 182 of the Civil Code of the Russian Federation, by accepting this Offer and performing the following actions, the Client and the Company confirm and accept the following: Any actions under this Agreement, including, but not limited to: Movement on the Client’s Personal Account, placing an Order, purchasing Services, etc., performed by any by an individual through the Client’s Personal Account are considered to be committed on behalf and at the expense of the Client, through the Client’s Representative authorized by the Client for such actions. An authorized Representative of the Client is any individual who performs actions through the Client’s Personal Account, regardless of what Personal Data about himself or herself this person or the Client indicated during registration. Voluntary designation of an individual as a Client’s Representative is possible either simultaneously with the Client’s registration, or within the framework of an already existing and valid Client’s Personal Account by the Client himself. In the absence of such an indication, an individual performing actions from the Client’s Personal Account is considered his authorized Representative by virtue of paragraph. 2 p. 1 art. 182 of the Civil Code of the Russian Federation. The Client, independently and at his own discretion, vests the relevant individuals with the rights of the Client's Representative and provides the information necessary for access to the Personal Account (login and password), and bears full responsibility for this.

  • 6.4. For all actions performed through the Personal Account by the above-mentioned individual (Client's Representative), rights and obligations arise between the parties to the Agreement: between the Company and the Client through whose Personal Account such actions were carried out. All documents (including, but not limited to, documents for payment, Certificates of delivery and acceptance of services provided, invoices, etc.) and notifications within the framework of the rights and obligations arising under this Agreement are issued by the Company to the Client and sent to the Client’s details, indicated in his Personal Account.
    6.5. The Company does not bear any responsibility either to the Client or to third parties for actions performed by the above-mentioned individual (Client's Representative) through the Client's Personal Account. The Company in no way can and should not comment on, regulate or monitor such actions. The Client bears full responsibility for all actions performed by the Client’s Representative through the Client’s Personal Account and is fully responsible for such actions to the Company and any third parties.
    6.6. When making a payment (another transaction with funds) for the purpose of Movement on the Personal Account, the Client's Representative understands and accepts that he is making it as a Representative of the Client - a legal entity or an individual entrepreneur. Any transfers of funds in connection with the Personal Account are considered made on behalf of and on behalf of the Client, from whose Personal Account the Representative proceeds to payment. A request for the return of funds transferred by the Client’s Representative for the Client can only be submitted by the Client within the framework of this Offer.
    6.7. It is possible to specify several Client Representatives at the same time. The maximum possible number of registered Client Representatives is determined by the Company unilaterally.
    6.8. The choice and use of the method/form of payment for the Services is made by the Client at his own discretion and without the Company’s liability. Security, confidentiality, as well as other conditions for using the method/form of payment chosen by the Client go beyond the scope of the Agreement and are governed by agreements (contracts) between the Client and the relevant organizations.
    6.9. The cost of the Services provided by the Company under the Agreement is determined in accordance with the data in the Company’s price list posted in the Personal Account, based on the prices on the date of payment for each specific Order.
    6.10. The cost of all Services includes value added tax in the amount determined by the legislation of the Russian Federation at the time of their provision.
    6.11. The Client is obliged to retain the original documents confirming payment for the Services provided by the Company for three years from the date of payment.
    6.12. The Services are provided only if the Client’s Personal Account Balance is positive. From the moment a zero Balance is formed on the Client’s Personal Account, the provision of Services is terminated and can only be resumed after replenishing the Personal Account in accordance with the terms of the Agreement.
    6.13. The Client independently monitors changes in the Company’s details specified in this Agreement and is responsible for the accuracy of the payments he makes.
    6.14. The Company, using its technical means, monitors the Client’s consumption of the Services provided, the state of the Client’s Personal Account, takes into account the volume of mutual rights and obligations for the services provided and their total amount.
    6.15. The Client's obligation to pay is considered fulfilled from the moment the Company receives the receipt of the entire payment amount to the Company's bank account.
  • 7. Procedure for ordering services
    • 7.1. The Client places all Services under this Agreement within the framework of Orders, using exclusively the Personal Account.
      7.2. Funds are debited from the Client's Personal Account upon the provision of Services.
      7.3. Before publication (display), the Company reserves the right to check the provided Information Materials for compliance with the requirements specified in this Agreement and the Regulations. If the provided Information Materials do not comply with the terms of this Agreement and the Regulations, the Company may refuse to show (publish) these materials to the Client.
      7.4. Media parameters are determined by the Client through the Personal Account within the conditions, the range of which is formed by the Company.
      7.5. The Client may cancel displays (publications) of Information materials included in the Order before paying for this Order.
      8. Details of the Client and the Company
      8.1. The Client confirms that the Client’s Questionnaire and Registration Data have been filled out correctly and gives his consent to the processing of all his personal data.
      8.2. The parties have agreed that the Client's Profile and Registration Data are the data that the Company uses to fulfill its obligations under this Agreement.
    • 9. Document flow
      9.1. For the purposes of this Agreement, expressed in the Offer, the parties recognize it as necessary and sufficient to exchange documents via email or Personal Account, unless otherwise provided by the terms of the Agreement.
      9.2. Without conflicting with the terms of the Offer, the Client and the Company have the right at any time to draw up an Agreement in the form of a written bilateral document.
      10. Terms of confidentiality between the parties
      10.1. The Company undertakes to maintain confidentiality with respect to the Client’s personal data, as well as other information about the Client that has become known to the Company in connection with the Client’s use of the Personal Account, except in cases where such information:

       10.1.1. is publicly available;
       10.1.2. disclosed upon request or with the permission of the Client;
       10.1.3. subject to provision to the Company's counterparties in the amount necessary for the execution of the Agreement;
       10.1.4. requires disclosure on the grounds provided for by law;
       10.1.5. in other cases provided for by the Agreement.

      11. Responsibility of the parties
      11.1. The parties are responsible for failure to fulfill or improper fulfillment of the terms of this Agreement in the manner provided for by this Agreement and the current legislation of the Russian Federation.
      11.2. The Client is responsible for the quality and content of the Information materials provided to him, for their reliability, compliance with the legislation of the Russian Federation, freedom from claims of third parties and the legality of their distribution. In the event of claims against the Company by third parties (including, but not limited to government bodies), regarding Information materials posted under this Agreement, the Client undertakes to independently and at his own expense settle such claims, and in the event of any arising in connection with the above claims from the Company losses, compensate them to the Company in full.

    • 11.3. In case of violation by the Client of the provisions of clauses 5.2.2, 5.2.3. and 11.2 of the Agreement, including in cases where such violations resulted in the Company receiving complaints from Site users regarding Information Materials posted by the Client on the Site, the Company removes such Client Information Materials from posting and/or ceases providing other Services in relation to such Information Materials . In this case, the difference between the funds paid by the Client for the relevant Services and the cost of the Services received by the Client at the time of removal of Information Materials from placement and/or termination of the provision of other Services is not returned to the Client and is a fine for the Client’s failure to fulfill obligations assumed in accordance with this Agreement .
      11.4. The Company is not liable to third parties for the content of information used in the Information Materials posted by the Client, as well as for property, moral or any other damage caused as a result of the use of this information by third parties.
    • 11.5.

      The Company is not responsible under the Agreement for:

       11.5.1. any indirect losses and/or lost profits of the Client and/or third parties, regardless of whether the Company could have foreseen the possibility of such losses or not;
       11.5.2. use (impossibility of use) and any consequences of the use (impossibility of use) by the Client of the chosen form of payment for the Services under the Agreement.

      11.6. If errors are made in the content of the Information Materials of the Order due to the fault of the Company, the latter carries out repeated impressions (publications) in an amount equal to the number of impressions (publications) that came out with errors, while eliminating the distortions.
      11.7. If there are failures that occur on the Company's Internet resource, as a result of which the displays (publications) of the Order Information Materials were not carried out, the Company carries out repeated displays (publications) in an amount equal to the number of unrealized impressions and within the time period agreed with the Customer.
      11.8. The Company is not responsible for failures on the Internet resource that did not result in the absence of displays (publications) of the Client’s Information Materials for already paid Orders.
      11.9. Claims regarding displays (publications) of Information material are accepted within 5 working days from the date of the first display (publication) of this Information material. If no claims are received from the Company within the specified time, then the work is considered accepted by the Client and subsequent claims will not be accepted.
      11.10. The parties agreed that if the Client refuses a completed and paid Order, in full or in part, the difference in cost between the paid Order and the services received by the Client at the time of such refusal is not returned to the Client and is a reimbursement to the Company for expenses as a consequence of the Client’s non-use of the services that the Company was ready to provide.

    • 12. Validity period and changes in terms of the offer
    • 12.1. The Offer is considered published from the moment it is published on the Internet at https://xlc.autos/oferta and is valid until the Offer is withdrawn by the Company.
      12.2. The Company reserves the right to make changes to the terms of the Offer, as well as the Regulations (see clause 3.3) and/or withdraw the Offer at any time at its discretion. If the Company makes changes to the Offer, such changes come into force from the moment of publication, unless a different date for the entry into force of the changes is additionally determined upon their publication.
      13. Duration, modification and termination of the contract
      13.1. This Agreement comes into force from the moment the Client performs the actions specified in section 3 of the Offer and is valid until the end of the current calendar year. Subsequently, the Agreement is automatically extended for subsequent periods of 1 (one) calendar year. The number of such extensions is not limited.
      13.2. The parties have the right to terminate this Agreement on the terms provided for by the current legislation of the Russian Federation, as well as unilaterally refuse to perform it. The parties agreed that the unilateral refusal comes into force 10 (ten) days after receipt of the specified notice, and the Agreement is considered terminated.
      13.3. In case of refusal to fulfill the Agreement at the initiative of the Company, it sends the Client (in accordance with clause 9.1) a corresponding notification.
      13.4. Notification by the Client of the Company of termination of the Agreement is carried out by sending such notification by registered mail with acknowledgment of delivery and a list of the contents. The notification is signed and sent by the person whose Personal Data was specified when registering in the Personal Account.
      13.5. Regardless of the method of making advance payments by the Client, the return of cash advance payments is as follows:
      • 13.5.1. for legal entities and individual entrepreneurs: by transferring funds to the Client’s current account.
         13.5.2. for individuals: by transferring funds to the Client’s current account, subject to the obligatory condition that the person in whose name the money is transferred completely matches the person indicated as the Client in the Personal Account Personal Account. If there is reasonable doubt about the identity of these persons, no refund will be made.

        13.6. When returning unspent advance payments, the Company withholds 25% of the refund amount as a penalty for early termination of the Agreement.
        14. Special terms of the Agreement
        14.1. The Client has no right to assign or otherwise transfer his rights under this Agreement to a third party without the prior written consent of the Company.
        14.2. The Company has the right, at its discretion, without the Client’s consent, to assign or otherwise transfer its rights under this Agreement to third parties by sending the Client a corresponding notification via email within 10 (ten) business days from the date of such assignment or other transfer.
        14.3. The Client bears full responsibility for the safety of his Registration and Profile Data and for losses that may arise due to unauthorized use of his Registration Data and/or access channel.
        14.4. If one or more provisions of the Offer are for any reason invalid or unenforceable, such invalidity does not affect the validity of any other provisions of the Offer (Agreement), which remain in force.
        15. Applicable law and dispute resolution procedure
        15.1. The relations of the Parties under this Agreement are governed by the norms of the current legislation of the Russian Federation and international law.
        15.2. All disputes and disagreements arising during the execution of this Agreement are resolved by the Parties through mutual negotiations and consultations.
        15.3. All unresolved disputes and disagreements are referred to the court at the location of the Company.