01. 17. 2018

Film Festivals
Catalogue Access Offer

Service offer granting access to the functions
of the festagent.com Film Festivals Catalogue
This agreement under article 435 of the Civil Code of the the Russian Federation grants the paid service (hereafter — Service) of the independent entrepreneur, Ivan Zolotukhin (hereafter — Festagent), access to the functions of the Film Festivals catalogue on the Festagent.com website. The functions include the ability to save Film Festivals in "Saved" and the ability to access additional catalogue filters. This offer can be accepted by any capable private individuals, legal entities, statutorily registered on the territory of the Russian Federation, and independent entrepreneurs (hereafter — User). In the case that the User accepts the offer, it will be considered that the User has signed a rendering of the Service agreement with Festagent under the terms and conditions stated in this document (hereafter — Agreement).
1. General terms

1.1. The Service being rendered under this Agreement includes services described in paragraph 4.2 of the Agreement. Festagent can update and/or change the list and/or rendering conditions of the services as Festagent deems fit by publishing corresponding changes on Festagent.com. Utilisation of the services after the publication of the changes on the website indicates User's consent to all of the changes.

1.2. According to this Agreement, the services are provided exclusively to the Users who are capable private individuals, statutorily registered on the territory of the Russian Federation legal entities or independent entrepreneurs.

1.3. The User accepts this offer and signs the Agreement with Festagent the moment the User pays the service fees under the terms set out in this Agreement or the corresponding section of the website.
2. Obligations of the parties concerned

2.1. Festagent's obligations:

2.1.1. Render the User Services according to the terms and conditions of this Agreement if technically feasible.

2.2. User's obligations:

2.2.1. Pay the service fees according to the existing prices at the time of purchasing under the terms and conditions stated in this Agreement and on Festagent.com.

2.2.2. While utilising the Services comply with the requirements of the current legislation of the Russian Federation, terms and conditions of this Agreement and the users agreement, which one can find on the Festagent.com website (https://festagent.com/en/agreement), (hereafter — Users agreement) and all the other documents regulating Festagent's work and service rendering.
3. Payment terms

3.1. The Service price is determined by the Festagent's rates that are published on the website (festagent.com/en/pricing), unless otherwise stipulated in the attachments to this Agreement. The User can see the rates in roubles or Euro via user's interface on Festagent.com when finishing the Service order checkout. Festagent has the right to change Service prices and establish new rates without giving the User special notice. The User can find out new prices and rates via Festagent.com interface as well as when ordering services. The continuation of utilisation of the services ordered before the change while paying new prices will indicate User's consent to these changes. The User pays the service fees according to the existing prices at the time of the payment.

3.2. The User chooses the payment options and utilises them without any Festagent's responsibility. Safety, confidentiality and any other conditions of utilisation of the payment options which the User has chosen are beyond the scope of this Agreement and are regulated by the agreements between the User and corresponding organisations.

3.3. When paying the service fees the User has to state their email address and/or any other information identifying the payment. The User pays the service fees in advance for every month of the rendering of the Service. The User can choose the way of payment on the Festagent.com website. Accepting this offer, the User agrees to be charged automatically every month by the payment withdrawal from their card, stated on the Festagent.com website, to pay for the next month of the service rendering. The User's account will be charged every month unless they cancel this Agreement or say that they no longer give their consent to automatic payment transfers.

3.4. Under this Agreement the payment is considered to be finalized by the User when it is deposited on the Festagent's current account or, if the User is using electronic currency to pay the fees, when Festagent receives the verification information of the service fee payment from a corresponding payment service.

3.5. With this Agreement, the User gives their consent to consider statistical data of Festagent.com accounting system as sufficient corroboration of the rendered within the terms of this Agreement services.

3.6. The User can withdraw their consent to automatic payment transfers by sending a notification about it to Festagent through their personal account on the Festagent.com website.
4. The procedures for rendering services. Responsibilities

4.1. Before ordering and paying for the services the User should familiarise themselves with the Users agreement, requirements for Announcements and all the other documents regulating Festagent's work.

4.2. Festagent's services include:

  • the ability to save film festivals in User's "Saved";
  • the ability to apply additional catalogue filters while searching for festivals.
Festagent establishes the duration period and terms and conditions of the Service on the website. Upon the expiration of the duration period of the Service, the Services are considered to be fully and adequately rendered by Festagent.

4.3. Festagent assumes the obligation to make all the reasonable efforts to provide proper services. However, Festagent is not responsible for the impossibility of Service rendering in the case of:

  • a technical failure of public communication channels with which the Service rendering is carried out or loss of the Internet access until failure removal or access recovery respectively;

  • the evidence of unauthorized access to the User's personal account for the duration of such circumstances;

  • the situations that meet the definition of circumstances of insuperable force for the duration of such circumstances.
4.4. In the case of User's violation of any of their obligations stated in this Agreement, the Users agreement and other documents regulating Festagent's work, Festagent has the right to immediately and without special notice put the Service rendering on hold until complete elimination of the committed violation.

4.5. In the case of infliction of loss on the User, Festagent incurs the liability to indemnify the amount of money not exceeding the cost of the Service, that the User has ordered and paid for but haven't received from Festagent.

4.6. Festagent will not be liable for any losses inflicted on the User in the result of the impossibility of the Service utilisation because of mistakes, misses, breaks in activity, file deleting, defects, operating or data communication delays or any other technical reasons as well as inadequate quality of public communication channels through which the Service is accessed.

4.7. The User is fully informed and consents to the fact, that Festagent neither personally, nor through the third parties, controls or monitors some procedures, including (but not limited to the stated) procedures of the service fees payment, so Festagent will not be liable for the transfer and/or deposit of the User's payment.

4.8. Festagent does not hold the responsibility to notify any third parties about the User's loss of the access to the personal account and will not be liable for the probable consequences of the lack of such notification.

4.9. Both parties of the Agreement consider any activity performed using the User's login and password as performed by the User and have legal force of a simple electronic signature. The User is liable for any activity performed on Festagent with their login/password, their email address and/or phone number (including the actions of the employees and any third parties). The User is also responsible for the safety of their login/password and the losses that can occur because of unauthorized use of their personal account and their simple electronic signature. In the case of the login or password theft/loss the User should independently take necessary action to change their password to access their personal account and/or the services. Festagent will not be liable for the activity of any third parties resulted in the theft/loss of the User's login and password or for any expenses, losses and/or missed profits that the User might have as the result of unauthorized access of any third parties to their personal account.

4.10. The User confirms their consent to the fact that the execution of any command (a mouse click, a key press, etc) through the Festagent.com interface signifies expression of the User's will towards the order and/or service activation according to the price and other service parameters established by Festagent.

4.11. Festagent has the right to change (update) the terms and conditions of the Agreement at Festagent's discretion. The date when the new version of the Agreement is published of the Festagent.com website is the date when the changes (updates) come into force. The User should independently regularly familiarise themselves with the current version of the Agreement. Utilisation of the services after the coming into force of the changes (updates) of the Agreement indicates User's consent to all of the changes.

4.12. Festagent reserves the right to block any User (including Users who have paid service fees) in the case, when User's activity contravenes paragraphs 5.10 or 5.11 of the Users agreement, which can be found on the website (https://festagent.com/en/agreement).
5. Complaints review

5.1. Any dispute or disagreement arising out of or relating to this Agreement should be referred to the Commercial court of Yekaterinburg or, if the dispute is not within the subject matter of the Commercial court, it should be referred to the other courts according to the current legislation of the Russian Federation.

5.2. Before the reference to the court the User should adhere to the established extrajudicial procedure of settling disputes by sending Festagent a written complaint attaching the documents, proving the circumstances and claims that the User refers to. The length of the period of the User's complaint review is no more than 30 (thirty) days starting from the moment when Festagent receives the complaint. If the User doesn't receive any reply to their complaint from Festagent within the aforementioned period of time or if Festagent refuses to satisfy User's well-grounded claims, The User has the right to refer to the court.
6. Agreement operation

6.1. The Agreement comes into force at the moment of accepting the offer according to paragraph 1.3 of this Agreement and shall remain in force until its termination according to the procedures stated in this Agreement.

6.2. Festagent has the right to fully or partially refuse to perform on this Agreement at Festagent's will and discretion notifying the User about the decision via the Festagent.com interface, email or any other way.

6.3. If the User violates the terms of the Users agreement or any other documents regulating Festagent's work, the User's profile on Festagent.com might be banned and the access to the personal account denied (blocked) without special notice.

6.4. In the case of denied (blocked) access to the User's personal account as the result of the violation of the Users agreement or any other documents regulating Festagent's work or termination of this access at User's discretion, the Agreement shall be terminated earlier. Festagent does not reimburse the costs of the services provided by Festagent.

6.5. The Agreement represents all the terms and conditions in relation to its subject mutually agreed upon by the parties. It supersedes and replaces all the previous arrangements, promises and any kind of agreements between the parties in relation to its subject unless otherwise directly negotiated by the parties.
Information about Festagent

Individual Proprietor Zolotukhin Ivan Andreevich
Primary State Registration Number
of the Sole Proprietor 310667211200029
TIN: 667204098619
Registration address: 620100, Sverdlovsk Region,
Yekaterinburg, Lunacharskogo str. 225-258
info@festagent.com
+7 926 895-67-10