User agreement on the terms of provision and provision of MyHelpers services
(public offer for individuals, legal entities and individual entrepreneurs) dated August 01, 2021
- Service – service of personal assistants and business assistants https://my-helpers.ru, registered in accordance with the legislation of the Russian Federation. The Contractor (Service Administrator) has exclusive rights to the MyHelpers brand, logo and website located at https://my-helpers.ru in full;
- Executor (администратор сервиса) – Aleksey Leonidovich Levinov, registered in accordance with the legislation of the Russian Federation (TIN 500344645561);
- Customer – visitor to Internet resources, including the Site;
- Personal assistant or business assistant – a representative of the Contractor involved in the fulfillment of the tasks set by the Customer;
- Site – Internet resource, which is a collection of information and intellectual property objects contained in the information system (including a computer program, database, graphic design of the interface (design), etc.), access to which is provided from various devices connected to the Internet , by means of special software for viewing web pages (browser) at the address on the Internet: https://my-helpers.ru;
- Service – provided by the Contractor as a result of payment by the Customer for the selected tariff plan, for example, a paid service for consulting, informing, selecting, searching, booking, placing orders for goods and services, as well as providing other services agreed between the Contractor and the Customer, on behalf of and at the expense of the latter;
- Tariff plan – determines the cost of the services provided by the Contractor based on the volume of work required to perform the work on the order of the Customer;
- Order – a duly completed application of the Customer for the provision of services within the Tariff plans from the list presented on the Site, specified by the Customer when filling out an application for purchase at the price and on the conditions in force at the time of registration of such an application.
2. General provisions
2.1. This User Agreement governs the procedure for using the Site and the service, as well as the relationship that arises between the Customers and the Contractor when using the Site and the service.
2.2. A personal assistant or business assistant does not become a full-time employee of the Customer, does not fall under his subordination, is not a full-fledged replacement for a full-time employee and is not a narrow-profile specialist. A personal assistant or business assistant is a broad-based specialist with the ability to perform various functions, but he does not have deep and specialized knowledge. It should be borne in mind that the level of performance of tasks from a specific area may differ from the level of performance by a qualified specialist of the appropriate profile with specialized training and education.
2.3. The Contractor provides services that do not require physical presence (physical presence is possible by additional agreement and for an additional payment) of a Personal Assistant or a Business Assistant, availability of specialized and highly specialized knowledge, education and skills.
2.4. The provision of services is carried out exclusively in the absence of contradictions with the norms of morality, the current legislation of the Russian Federation and the countries in which the Customer is located and operates.
2.5. The Contractor owns exclusive rights to the Site and service, including exclusive rights to any of the results of intellectual activity included in them, including program code, design works, texts, as well as means of individualization (brand name, trademarks, service marks, commercial designations) … The use of the Application and the Site does not provide for the transfer of rights to them or their components. The person using the Site is granted a limited right to use them in accordance with the terms of the User Agreement.
2.6. This User Agreement is an offer addressed to an indefinite circle of persons and containing the Contractor’s proposal to consider himself to have entered into an agreement for the use of the Site, service and electronic interaction carried out through the Site and the methods of communication and data transfer agreed between the Contractor and the Customer, on the terms set forth in the User Agreement with the person, who accepted the offer (Article 435 of the Civil Code of the Russian Federation). The offer is valid for an unlimited period. The proper acceptance of this User Agreement as an offer in accordance with paragraph 3 of Article 438 of the Civil Code of the Russian Federation is the performance by the Customer of the actions provided for in paragraph 2.7 of the User Agreement.
2.7. The Customer agrees to conclude an agreement on the use of the Site, the service and the receipt of services on the terms set forth in the User Agreement from the moment one of the following significant actions is taken:
- go to the site https://my-helpers.ru
- registration on the website https://my-helpers.ru
- payment of the Tariff plan on the website https://my-helpers.ru or by transferring funds to the current account
- filling out the feedback form;
- receiving the Services by telephone or by exchanging text messages and media files of various formats in instant messengers and other means and software products of communication.
2.8. The terms of the User Agreement can be accepted by the Customer only as a whole (paragraph 1 of Article 428 of the Civil Code of the Russian Federation). After accepting the terms of this User Agreement by the Customer, they acquire the force of an agreement concluded between the Contractor and the Customer, while such an agreement as a paper document signed by both Parties is not drawn up.
2.9. By accessing the Site and thus concluding this User Agreement, the Customer guarantees that he has all the rights and powers necessary to conclude and execute the User Agreement, including being an adult and fully capable person, or a minor declared by the decision of the authorized body in full capable (emancipation) or a minor who has reached the age of fourteen and has received written permission in the form required by law from his parents or other legal representatives to conclude a User Agreement. The Contractor has the right at any time to demand from the Customer the provision of information and documents confirming the rights and powers, as indicated above.
2.11. The Contractor guarantees full confidentiality, all information received will not be available to third parties without the consent of the Customer.
3.1. The Customer instructs, and the Contractor undertakes to make all the necessary efforts and take the necessary actions for the quality and timely provision of services at the request of the Customer.
3.2. If it is necessary to provide services that require the involvement of third parties, the Contractor notifies the Customer about the impossibility of completing the task on its own. The involvement of third parties takes place by agreement and at the expense of the Customer. The provision of services with the involvement of third parties is carried out by prepayment by transferring funds in the form of a deposit to the settlement account of the Contractor.
3.3. The Contractor is ready to accept and perform tasks for the Customer only after receipt of payment for the Services.
3.4. The Customer is assigned a responsible manager from the Contractor who provides support for the Customer throughout the duration of the Tariff plan, advises on joint work, explains the rules for the provision of Services under the User Agreement, advises on working in messengers and software products used for setting tasks, receives tasks from Customer, distributes them between personal assistants and business assistants, controls the work, provides the Customer with the results of completed tasks.
3.5. The Customer sets tasks for the Contractor in a pre-agreed way: through his personal account, by e-mail, phone, messenger (WhatsApp, Telegram), Skype or using other means of communication available to the Contractor and the Customer.
3.6. After setting the tasks, the Contractor, if necessary, clarifies the details and additional information, determines the approximate dates for the start and completion of the task. In the process of completing the task, the time estimates can be adjusted both upward and downward.
3.7. The Contractor and the Customer agree on the need for reporting and its form (spreadsheet, for example).
3.8. The Customer understands and agrees that the scope of the options proposed by the Contractor for the implementation of each Customer’s order depends on the Customer’s request (search criteria) and the availability of freely available options that correspond to the Customer’s request, and may not meet the Customer’s expectations (estimated amount of options). The small volume of the options proposed by the Contractor for the implementation of each order of the Customer cannot be the basis for the Customer’s demand for the return of the money paid when paying for the Tariff plan.
3.9. Services are provided after prepayment.
3.10. Services are provided from Monday to Friday throughout the working day (from 09:00 to 20:00 Moscow time) on the basis of the Customer’s instructions.
3.11. The period and conditions of the Service are established by section 4 of this User Agreement or the corresponding section on the Site. At the end of the period of validity of the Service, the Services are considered to be provided by the Contractor in full and properly.
3.12. The Contractor has the right, without notifying the Customer, to unilaterally change the cost and conditions for the provision of the Services by setting new prices for the Tariff plans available for review on the Site. Payment for the Tariff plan is carried out by the Customer at the prices in force at the time of payment.
3.13. The list and / or conditions for the provision of the Services may be supplemented and / or changed by the Contractor at its discretion by publishing the relevant changes on the Site or notifying the Customer about it.
3.14. The Customer agrees that when placing orders on behalf of and at the expense of the Customer for goods and services sold by third parties, obligations to sell such goods / services arise directly from third parties. Payment for such goods and services is made by the Customer or the Contractor after the preliminary receipt of funds from the Contractor for a deposit.
3.15. The Customer agrees that the Contractor is not responsible for the quality of the goods and services provided, for delays, failures, incorrect or untimely delivery, deletion or non-preservation of any personal information transferred to third parties to fulfill the Customer’s orders, as well as for failures in the work of payment systems.
3.16. The customer agrees that third parties who sell goods / services are independent operators acting separately from the Contractor.
3.17. The customer agrees that third parties selling goods / services are solely responsible for the quality, functioning and safety of the goods / services sold. The Contractor does not bear any responsibility in relation to the above.
3.18. The customer agrees that under no circumstances can the responsibility of third parties be shifted to the Contractor.
3.19. The Customer agrees that he cannot present the Contractor with claims for reimbursement of lost profits and / or material and financial costs incurred due to non-performance or untimely performance of the Service. The Contractor provides assistance and assistance in resolving issues and the problem of the Customer, but does not assume the responsibility of the Customer for any financial results and business processes.
3.20. The Contractor has the right to immediately suspend the provision of the Services in case of violation by the Customer of any of its obligations under this User Agreement and other documents regulating the operation of the Site, until the violation is completely eliminated.
3.21. The service reserves the right to unilaterally suspend the provision of services in the current period with simultaneous notification of the client and a refund for the subscription of the current period in full or in recalculation, taking into account the time spent.
4. Tariff plans
4.1. On the main page of the site at https://my-helpers.ru/ or on the corresponding page of the site about tariffs information about the current Tariff plans is posted.
4.2. The activation of the tariff occurs from the moment the payment is received on the account of the Contractor or the onset of the start date of the tariff, agreed by the Customer and the Contractor, if one has been agreed.
4.3. If the setting of the first task by the Customer occurs on any subsequent day after payment or the agreed start date of the tariff, then the number of days included in the selected tariff and the terms for the provision of services are reduced in proportion to the number of days that have elapsed since the activation date of the tariff.
4.4. If, after activating the tariff, the Customer does not set any tasks before the expiration of the term for the provision of the Services, the funds will not be returned.
4.5. If the Customer does not use the maximum number of hours stipulated by the tariff, recalculation is not made, the funds contributed in accordance with the terms of the tariff plan are not returned.
4.6. The customer acknowledges and agrees with the following prohibitions and restrictions set by the service https://my-helpers.ru/ use of the Services and tariff plans:
4.6.1 when the Customer deposits funds on the balance, the user agrees that the funds will not be returned and will be considered as compensation amounts for the granted rights to use the results of intellectual activity, the services actually rendered, which are not refundable to the user, and which cannot be considered as losses or unjust enrichment, in accordance with the terms of this Offer Agreement and the legislation of the Russian Federation;
4.6.2 When paying for services, the Customer must use only bank cards and accounts, access to which was obtained by him legally;
4.6.3 the customer is not entitled to buy, exchange or sell his paid tariff on behalf of third parties.
4.7. At any time, the Customer has the right to request the remainder of the time according to the tariff and the Contractor or authorized employees are required to provide the remainder of the time on the User’s account within 24 hours.
4.8. Until the moment of payment for the Service Package, the User should carefully read this Offer Agreement and all other documents regulating the operation of the Site.
4.9. In case of exceeding the time limit for the provision of services established by the tariff (number of hours, tasks), the exhaustion of the funds contributed by the Customer before the expiration of the term for the provision of the Services, the Contractor suspends the provision of the Services and agrees with the Customer to make an additional payment or terminate the provision of the Services.
5.1. The Contractor undertakes:
- provide the Customer with the Services in accordance with the provisions of this User Agreement, subject to the technical and objective possibility of providing the Services;
- ensure the safety of information received from the Customer during the execution of orders
- make all reasonable efforts to properly provide the Services, however, delays in the provision of the Services are possible due to unforeseen circumstances that occurred through no fault of the Contractor.
5.2. The customer undertakes:
- pay for the Services at the current prices for the Tariff plans at the time of payment in accordance with the conditions set forth in this User Agreement, as well as on the Site;
- comply with the requirements of the current legislation of the Russian Federation, the provisions of this User Agreement and all other documents regulating the operation of the Site when using the Services;
- at the request of the Contractor, provide the latter with information and documents necessary to identify the Customer, including when the Customer sends applications, notifications, claims, etc. to the Contractor.
5.3. The Customer understands and agrees that the scope of the options proposed by the Contractor for the implementation of each Customer’s order depends on the Customer’s request (search criteria) and the availability of freely available options that correspond to the Customer’s request, and may not meet the Customer’s expectations (estimated amount of options). The small volume of the options proposed by the Contractor for the implementation of each order of the Customer cannot be the basis for the Customer’s demand for the return of the money paid when paying for the Tariff plan.
5.4. The Contractor is not responsible for the impossibility of providing the Services in the event of:
- technical malfunctions of public communication channels through which access to the Services is carried out, or loss of access to the Internet – until the malfunctions are eliminated or access is restored, respectively;
- in cases falling under the definition of force majeure circumstances – for the duration of such circumstances.
5.5. The Contractor shall not be liable for losses caused to the Customer as a result of the inability to use the Services due to errors, omissions, interruptions in work, deletion of files, defects, delays in work or data transfer and other technological reasons, as well as inadequate quality of public communication channels through which access to the Services.
5.6. In the event that the Contractor is found responsible for causing losses to the Customer, the Contractor is liable to the Customer in an amount not exceeding the cost of the Service ordered and paid by the Customer, but not received through the Contractor’s fault.
5.7. The Contractor is not responsible for the quality of the provision of services if the Customer fails to provide complete and correct information required by the Contractor to provide the Service, as well as in all cases of lack of feedback from the Customer.
5.8. If the Customer fails to provide complete and correct information necessary for the Contractor to complete the Tasks, the start date for the execution of such a Task is moved to the period for providing the information requested by the Contractor.
5.9. If the Contractor is unable to fulfill the tasks set by the Customer due to the lack of clarifications, information and information required to complete the task, as well as for other objective reasons, the Contractor, by notifying the Customer in any electronic form, has the right to return the funds paid for the current tariff period, less the services actually rendered, the time spent and the costs incurred.
5.10. Public holidays and weekends are non-working, the service does not provide services on such days.
6. Intellectual property
6.1. The customer acknowledges and agrees that all content on the Site, including program code, design works, texts, as well as means of individualization (brand name, trademarks, service marks, commercial designations) – (hereinafter “Content”), are the property of the Contractor, which is protected by the legislation of the Russian Federation, which regulates intellectual property issues and other Russian and international laws.
6.2. Reprinting, reproduction in any form, copying on any media, distribution, including translation, of any materials from the Site are possible only with the written permission of the Contractor, certified by the seal and signature of the Manager. Failure to comply with this requirement is a violation of the laws of the Russian Federation governing intellectual property issues, and other Russian and international laws. Ignorance of the above provisions does not absolve from responsibility for their violation.
6.3. The Customer has no right to copy, reproduce, move, compile, collect, distribute, publish, demonstrate, perform, modify, download, create derivative works, transfer or in any other way exploit any elements of the Content in violation of the conditions set forth in this section.
6.4. When using any elements of the Site Content, the following requirements must be observed:
- when reprinting, reproducing in any form, distributing, including in translation, any materials of the Site and / or the Application in writing, clearly indicate that the rights to the Site belong to the Contractor;
- when reprinting materials, refer to the Site as a source of publication, and indicate other sources of information mentioned in the material. If the materials are posted on the Internet, then it is necessary to indicate the exact links to the materials taken from the Site;
- documents and related graphic images, as well as other elements of the Content located on the Site and / or in the Application, can be used only for informational, non-commercial or personal purposes;
- no documents and related graphic images located on the Site and / or in the Application should be changed in any way;
- no graphic images located on the Site and / or in the Application should be used or reproduced by anyone separately from the accompanying text.
6.5. By using this Site, the Customer does not acquire any rights or licenses to the Site and elements of the Content, except for the limited right to use the Site in accordance with the terms and download the elements of the Content on the terms set forth in this section.
6.6. By using the Site, the Customer agrees to comply in full with the laws of the Russian Federation governing intellectual property issues, and other Russian and international laws, as well as the restrictions contained on this Site.
6.7. By using the Site, the Customer agrees to promptly notify the Contractor in writing of the receipt of information about any unauthorized access or unauthorized use of the Site or individual elements of its Content by any person.
6.8. The Customer agrees that the Content presented on the Site may be subject to protected intellectual property rights owned by advertisers who post such Content on the Site (or other persons or companies on their behalf).
7. Warranties and liability
7.1. The Customer is responsible for the actions taken on the Site in accordance with the current legislation of the Russian Federation, including responsibility for the content of information posted by him, including personal data, and violation of the rights of third parties in relation to the Content posted on the Site.
7.2. The Customer agrees not to carry out any activity that conflicts with or interferes with the provision of the Services, interferes with or hinders the operation of the Site.
7.3. The Customer confirms his agreement that the fact of executing a command (click, pressing a key, etc.) through the Site interface means the Customer’s will to order and / or activate the Services in accordance with the price and other parameters of the Services defined on the Site.
7.4. The Customer agrees that he is solely responsible (and that the Contractor is not responsible to the Customer or any third parties) for any Content that he creates, transmits or displays on the screen during the use of the Services, as well as for all consequences of such actions of the Customer (including any loss or damage that the Site may suffer).
7.5. Actions performed using the registration data of the Customer are recognized as committed by the Customer and having the force of a simple electronic signature. The Customer is responsible for any actions performed using the Customer’s login / password on the Website, phone number (including the actions of employees and third parties), as well as the safety of his login / password and for losses that may arise due to unauthorized use of the Personal Account Customer and simple electronic signature. In case of theft / loss of a login or password, the Customer independently takes the necessary measures to change the password to access the Personal Account and / or Services. The Contractor is not responsible for the actions of third parties that entailed the theft / loss of the Customer’s login or password, as well as any costs, damage and / or lost profits incurred by the Customer in connection with unauthorized access by third parties to the Customer’s Personal Account.
7.6. The Customer undertakes to observe discretion when choosing a counterparty, decides on his own responsibility on a transaction with third parties, purchases from third parties, based on the information provided by the Contractor, independently making sure that the terms of the transaction are valid and legal.
7.7. The Contractor is not responsible for the loss of information by the Customer, as well as for the distortion of information or the loss of messages received using the communication forms on the Site or through the messengers used. In case of loss of such information of the Customers, the Contractor does not guarantee the possibility of its re-provision and / or restoration.
7.8. The Contractor is not responsible for any information, materials posted on third-party sites to which the Customer gains access in connection with the use of the Service, as well as for the availability of such sites or information and the consequences of their use by Customers.
7.9. The Contractor is not liable either by virtue of this Offer Agreement, or as a result of an offense (including negligence), as well as in other cases to the Customer or third parties for any damage or loss (taking into account indirect, actual, subsequent), including, but not limited to, what – any damage or loss in relation to income from commercial activities, unearned profits, business reputation, damaged or lost data or documentation incurred by one or another person as a result of or in connection with the use of the Site and the Service, even if the Service Provider became aware of the possibility of such damage.
7.10. The Contractor reserves the right, at its sole discretion, to terminate access (block) the Customer (including those who paid for the Service Package) violating the terms of this Offer Agreement, including in the case of indicating inaccurate or other people’s personal data, as well as other rules governing the operation of the Site , at the same time, the Contractor has the right not to return the money received from the Customer or return it in terms of the actual time spent on work.
7.11. The Contractor is released from liability for full or partial failure to fulfill the obligations provided for in this Agreement, if this failure was the result of force majeure circumstances that arose after the conclusion of the contract, as a result of extraordinary events that the parties could neither foresee nor prevent by reasonable measures (force majeure ).
8. Final provisions
8.1. This User Agreement (offer agreement) may be changed by the Contractor without notifying the Customer. In this case, the new version of the User Agreement comes into force from the moment it is posted on the site, unless otherwise provided by the new edition of the User Agreement. The current version of the User Agreement is always on the Site.
8.2. The Customer gives permission and consent to the processing of personal data necessary for the provision of Services by the Contractor and will ensure that such consent is obtained from a third party, whose personal data the Customer transfers to the Contractor.
8.3. The Parties undertake not to disclose information that has become known to them, constituting a commercial secret, personal data and confidential information of the other Party.
8.4. The responsibility of the parties not established by this offer is determined by the current legislation of the Russian Federation.
8.5. The act (s) of the services performed are drawn up upon the provision of the Services and sent for signing to the other Party by e-mail.
8.6. Within 3 (three) working days, the Customer agrees and signs the Act (s) sent to him by e-mail or sends motivated (written) comments. If the Contractor does not receive the Act by e-mail within 3 (three) calendar days from the date of their sending to the Customer, the Services are considered performed with proper quality and without claims, the Act is considered signed by the Parties.
8.7. All arising disputes and disagreements, the Parties will try to resolve through negotiations. In case of any questions and / or claims from the Customer, he must contact the Contractor by sending an email to the email address info (@) my-helpers.ru (indicate the email address without brackets) and state his question. The contractor, as soon as possible, will help in resolving the situation that has arisen. If an agreement is not reached, the dispute and disagreements will be referred to the Moscow Arbitration Court.