Offer for Access

This Agreement, in accordance with Article 396 of the Civil Code of the Kyrgyz Republic, constitutes an offer by Individual Entrepreneur Ivan Andreevich Zolotukhin (hereinafter – “Festagent”) to provide a paid service related to access to the functions of the film festival catalog on the website Festagent.com: the ability to save festivals to Favorites and use additional catalog filters (hereinafter – the “Service”) to any legally capable natural persons registered in the Kyrgyz Republic or other countries, as well as legal entities and individual entrepreneurs (hereinafter – the “Users”).

By accepting this offer, the User is deemed to have entered into a contract with Festagent for the provision of Services under the terms of this document (hereinafter – the “Agreement”).

1. General Provisions

1.1. The Service provided under this Agreement includes the Service specified in clause 4.2 of the Agreement. The list and/or conditions of the Services may be supplemented and/or modified by Festagent at its discretion by publishing the relevant changes on Festagent.com. Continued use of the Services after the publication of changes on Festagent.com constitutes the User’s acceptance of all changes.

1.2. Services under this Agreement are provided exclusively to legally capable natural persons, as well as legal entities or individual entrepreneurs duly registered in the Kyrgyz Republic or other countries.

1.3. This offer is considered accepted by the User, and the Agreement between Festagent and the User is concluded, from the moment of payment for the Services in the manner provided in this Agreement or the relevant section on the Website.

2. Obligations of the Parties

2.1. Obligations of Festagent:

2.1.1. Provide the User with the Services in accordance with the provisions of this Agreement, subject to the technical possibility of providing the Services.

2.2. Obligations of the User:

2.2.1. Pay for the Services at the prices effective at the time of payment in accordance with the terms set forth in this Agreement and on Festagent.com.

2.2.2. Comply with the applicable legislation of the Kyrgyz Republic, the provisions of this Agreement, the User Agreement posted on Festagent at https://festagent.com/en/agreement (hereinafter – the “User Agreement”), and all other documents regulating the operation of Festagent and provision of Services.

3. Payment Terms

3.1. The price of the Service is determined based on the tariffs adopted by Festagent and posted on the website at festagent.com/en/pricing and communicated to the User in rubles or euros through the User interface on Festagent.com upon completion of the Service order, unless otherwise provided in annexes to this Agreement. Festagent may unilaterally change the prices of Services by establishing new prices (tariffs) available for review through the Festagent.com interface, including at the time of ordering Services. Continued use of previously ordered Services at new prices (tariffs) constitutes the User’s acceptance of such changes. Payment for Services is made by the User at the prices (tariffs) effective at the time of payment.

3.2. The selection and use of the method of payment for Services is carried out by the User at their own discretion and without any responsibility on the part of Festagent. Security, confidentiality, and other terms of use of the chosen payment methods are outside the scope of this Agreement and governed by agreements between the User and the relevant organizations.

3.3. Payment for Services is made by the User indicating the User’s email and/or other details identifying the payment. The User pays for the Services for each month in advance, using the method chosen on Festagent.com. By accepting this offer, the User consents to the automatic deduction of advance payments for each subsequent month from the User’s bank card indicated on Festagent.com, until the User terminates this Agreement or withdraws consent for automatic deduction. Withdrawal of consent takes effect from the following billing month.

3.4. Payment under this Agreement is considered made by the User at the moment the funds are credited to Festagent’s account, or, when using electronic payment systems, at the moment the payment system provides verified confirmation of receipt of the payment.

3.5. The User confirms their consent that statistical data from the Festagent.com accounting system shall be sufficient confirmation of the fact of Services rendered under the Agreement.

3.6. The User may withdraw consent for automatic deduction of Service payments by sending a notice through the personal account on Festagent.com.

3.7. Refunds for Services not provided (or provided improperly, partially, or late) are made in accordance with the Law of the Kyrgyz Republic No. 90 dated December 10, 1997 “On Consumer Protection”, other legal acts adopted in accordance with it, the Civil Code of the Kyrgyz Republic, and other applicable regulatory legal acts.

3.8. Refunds for Services not provided (or provided improperly) are made based on the User’s written claim in accordance with the procedures and terms established by the legislation of the Kyrgyz Republic. Compliance with the claims procedure is mandatory; the response period is 10 business days. After sending a claim to Festagent via email info@festagent.com, under Article 24-1 of the Law on Consumer Rights, Festagent must refund within 10 days. The countdown starts from the moment the document is received. If obligations are not fulfilled due to Festagent’s fault, the User is entitled to a full refund.

4. Provision of Services. Liability

4.1. Before ordering and paying for Services, the User must carefully read the User Agreement, requirements for Announcements, and all other documents regulating Festagent’s operations.

4.2. The following Services may be provided to the User:
• the ability to save festivals from the catalog to the User’s Favorites;
• the ability to apply additional filters in the catalog to search for festivals.

The period and conditions of the Service are set by Festagent on the Website. Upon expiration of the Service period, Services are considered fully and properly provided by Festagent.

4.3. Festagent undertakes to make all reasonable efforts to properly provide the Services but is not responsible for the inability to provide Services in case of:
• technological failures of public communication channels through which access to Services is provided, or loss of Internet access – until the failure is resolved or access restored;
• signs of unauthorized access to the User’s personal account – during the duration of such circumstances;
• cases constituting force majeure – during the duration of such circumstances.

4.4. Festagent may immediately suspend Services without special notice to the User in case of violation by the User of any obligations under this Agreement, the User Agreement, or other regulatory documents until the violation is fully corrected.

4.5. In case of damages caused to the User due to Festagent’s fault, Festagent’s liability shall not exceed the cost of the Service ordered and paid by the User, including lost profit not obtained due to Festagent’s fault.

4.6. Festagent is not responsible for damages caused by inability to use Services due to errors, omissions, interruptions, deletion of files, defects, delays in operation or data transmission, or poor quality of public communication channels.

4.7. The User agrees that some operations, including (but not limited to) payment processing, are not controlled or monitored by Festagent, and Festagent is not responsible for transfer and/or receipt of User funds.

4.8. Festagent has no obligation to notify any third parties of the User’s loss of access to the Personal Account and is not responsible for consequences of such lack of notification.

4.9. Actions performed using the User’s login and password are deemed performed by the User and have the effect of a simple electronic signature. The User is responsible for actions taken using their login/password, email, phone number (including by employees or third parties), and for the security of their login/password, as well as damages resulting from unauthorized use. In case of loss/theft of login/password, the User shall take measures to change the password. Festagent is not liable for third-party actions causing loss/theft of login/password or any associated damages.

4.10. The User confirms that executing a command (click, key press, etc.) via the Festagent interface constitutes the User’s intent to order and/or activate Services in accordance with the specified prices and parameters.

4.11. Festagent may unilaterally amend the Agreement. The effective date of changes is the date of publication of the new version on Festagent.com. The User is obliged to regularly review the current version. Continued use of Services after changes constitutes acceptance of such changes.

4.12. Festagent reserves the right to block any User (including paid Users) if their actions violate clauses 5.10 or 5.11 of the User Agreement posted at https://festagent.com/en/agreement.

5. Claims Procedure

5.1. All disputes under this Agreement shall be submitted to the International Arbitration Court under the Chamber of Commerce and Industry of the Kyrgyz Republic, under the rules of the General Regulations, or, if not subject to arbitration, to other courts in accordance with the legislation of the Kyrgyz Republic.

5.2. Before approaching a court, the User must comply with the pre-court dispute resolution procedure by sending a written claim to Festagent, with supporting documents. The review period is no more than 30 days from receipt. If no response or refusal is received, the User may go to court.

6. Term of the Agreement

6.1. The Agreement enters into force upon acceptance of the offer under clause 1.3 and remains in effect until termination in accordance with this Agreement.

6.2. Festagent may unilaterally terminate the Agreement in whole or in part, notifying the User via the Festagent interface, email, or other means. Paid periods are considered provided and are non-refundable unless otherwise required by Kyrgyz law.

6.3. In case of violation of the User Agreement or other regulatory documents, the User’s profile may be blocked, and access to the Personal Account terminated without notice.

6.4. The Agreement terminates prematurely if the User’s access is blocked due to violation or by the User’s initiative. No refund is provided.

6.5. The Agreement constitutes the entire understanding of the Parties regarding its subject and supersedes all prior agreements or representations unless explicitly agreed otherwise.

Information about Festagent

Individual Entrepreneur Ivan Andreevich Zolotukhin
Address: Bishkek, per. Klubny Dom 18, apt. 18
TIN KR: 22212198550050
Email: info@festagent.com