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Agreement-offer for the provision of information and consulting services No. 2

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In accordance with Art. 434 of the Civil Code of the Russian Federation, this document is a public offer, has legal force and is equivalent to an agreement signed by the parties.  

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Limited Liability Company "EMPIRE", represented by General Director Pavlov Alexander Alexandrovich, acting on the basis of the Charter, hereinafter referred to as the "Customer", expresses its intention to conclude an Agreement for the provision of information and consulting services (the terms of which are set out below) with a legal entity, an individual entrepreneur or an individual who has the necessary qualifications and level of knowledge that meets the requirements set forth in clause 1 and applies the special tax regime "Tax on professional income" in accordance with Federal Law No. regime "Tax on professional income", (hereinafter referred to as the Contractor). Acceptors can also be legal entities and individuals - non-residents of the Russian Federation.

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by acceptanceof this offer, that is, the full and unconditional acceptance of all its conditions, is the registration of the Contractor using the link (https://forms.gle/5rBAiCQn7K4VNm4x6) specified in the section "How to start cooperation" on the page of the Customer's website https://www.empiretours.online/info 

When registering  , the Contractor sends scans/photos of the following documents to the Customer:

-for legal entities and individual entrepreneurs- partner cards

-for individuals- resume, scanned copies of the passport (main spread and registration), TIN,  documents on education and advanced training (diplomas, certificates) and a certificate of legal status.

 Prior to the acceptance by the Contractor, the Customer may withdraw the offer at any time.

This Offer may be unilaterally changed by the Customer at any time, while the version posted on the Customer's website is considered relevant. Changes to the Offer come into force from the moment the new version of the Offer is published, unless otherwise expressly provided by the new version of the Offer.

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1. REQUIREMENTS FOR THE CONTRACTOR

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1.1. Legal entity, individual entrepreneur.

1.2. An individual over the age of 18 who has the citizenship of the Russian Federation and the legal status of "Self-Employed":

 - applying the special tax regime "Tax on professional income" in accordance with Federal Law No. 422-FZ dated November 27, 2018 "On conducting an experiment to establish a special tax regime" Tax on professional income "

 - the place of business of which is the territory where the special tax regime “Tax on professional income” can be applied in accordance with Federal Law No. tax regime "Tax on professional income".

1.3. Individuals are not residents of the Russian Federation. If the contractor (contractor) performs services while outside the Russian Federation, and in connection with this, the customer does not become a tax agent (clause 1 of article 226 TC RF) for the contractor, as well as remuneration under the contract are not recognized as an object of taxation of insurance premiums (clause 5, article 420 of the Tax Code of the Russian Federation).

1.4. All performers must have the appropriate qualifications and level of expertise, documented (diploma of education in the field of tourism, certificates, licenses, etc.)

1.5. All performers must have experience in providing similar consulting services in the field of tourism for at least 3 years

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2. SUBJECT OF THE AGREEMENT

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2.1. The Contractor undertakes to provide the Customer and its clients/partners with information and consulting services in the field of tourism, and the Customer, in turn, undertakes to pay for the services actually provided by the Contractor. 

2.2. Information and consulting services of the Contractor include:

• advice to the Customer's clients on the use of the Customer's website and related services;

• consultations of the Customer, his clients and partners on the choice of a tourist product, country studies, excursion program, features of booking tours, tickets, transfers, travel insurance and all related services;

• providing the Customer's clients with all reliable information necessary for the trip;

• advising the Customer's clients on changes in the flight schedule, check-in for the flight, as well as any related issues.

2.3. The customer pays for the services actually rendered properly.

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3. GENERAL REQUIREMENTS FOR THE PROVISION OF SERVICES

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3.1. The Contractor provides services remotely by telephone and electronic means of communication, using the website, CRM system, virtual PBX and other services of the Customer.

3.2. The Contractor undertakes for the entire period of provision of services on its own and at its own expense to provide itself with all the necessary hardware and software systems, devices and software, connection to the Internet information and telecommunications network, as well as to ensure registration and permanent access to accounts on the Site, applications and services used to provide services.

3.3. Before the start of the actual provision of services, no later than two days, the Contractor is obliged to provide information on the time of the consultations, specifying their time zone.

3.4. In advance, no later than a day, inform the Customer about the impossibility of holding consultations, agreeing with him a new time for consultations.

3.5. When providing services, the Contractor is obliged to be guided by the Quality Criteria developed by the Customer, the regulations for interaction with Clients, other requirements developed by the Customer, and also apply.

3.6. When providing services, the Contractor is obliged to respect the honor, dignity of the Clients, as well as the Customer's employees, other persons, not to use obscene language, insults in communication. The performer is not entitled to commit acts that can be regarded as discrimination on any basis, including nationality, gender, age, religion.

3.7. The Contractor is obliged to inform the Customer by e-mail: expert@empiretours.online about the impossibility of further provision of services and termination of the contract no later than 30 working days before the expected date of termination of the provision of services.

3.8. The Contractor is not entitled to refuse the Client to conduct consultations, except in cases of violation by the Client of the terms of the agreement-offer No. 1 (incorrect treatment by the Client).

3.9. The customer has the right to control the process of rendering services.

3.10. The Customer has the right to refuse the services of the Contractor, in case of violation by the latter of the terms of the Agreement, or in the case of the provision of low-quality services by the Contractor, including if the actual level of expertise of the Contractor, in the opinion of the Customer, does not correspond to the declared one.

3.11. Contractor - physical person, guided by Art. 431.2. of the Civil Code of the Russian Federation, provides the Customer with assurances about the following circumstances:

a) the services of the Contractor are not educational activities;

b) during the period of provision of services under the Agreement, the Contractor is a taxpayer established by law under the special tax regime "Tax on professional income";

c) the Contractor properly fulfills tax obligations, including properly calculating and paying taxes;

d) in case of intention to terminate the application of the special tax regime "Income on professional income", he will notify the date of termination no later than 30 (thirty) days before the termination of the application of the specified tax regime.

When concluding the Contract, the Customer counts on the guarantees and assurances given by the Contractor as reliable. The Customer has the right to demand compensation for losses caused to him by unreliable assurances of the Contractor, including in the amount of taxes, fees and contributions charged by the tax authorities to the Customer as a result of the unreliability of the assurances received by him.

3.12. The Contractor informs the customer by electronic communication (in the Mango-Talker chat) no later than two days in advance about the days for accepting new applications. The default time for possible consultations (unless otherwise agreed) is from 9 am to 11 pm Contractor's local time. For already accepted applications, the Contractor must be in touch with customers daily. At the specified time, the Contractor is obliged to respond to customer requests within 30 seconds. 

3.13. The Contractor undertakes to respond to the Customer at the specified time for consultations within 30 seconds, at other times within a minute. About periods when a prompt response to the Customer is impossible, the Contractor must notify no later than two days in advance.

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4. COST OF SERVICES AND PROCEDURE OF PAYMENTS

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4.1. The cost of services is agreed with the contractor individually by e-mail (the link to the additional agreement is sent to the Contractor) in rubles of the Russian Federation, and may change as agreed by the parties. The recommended cost of services is published in the "Information for Experts" section, available at the link sent by the Customer to the Contractor.

4.2. The Customer pays for the services actually rendered properly by the Contractor within 15 working days from the date of their provision (after the return of tourists from the tour), by transferring funds to the Contractor's account. The Customer may send an advance payment for services to the Contractor at its own discretion at any time.

4.3. Performer - physical the person independently calculates the amount of tax payable to the budget in accordance with the current legislation of Russia on the application of the special tax regime "Tax on professional income", independently makes the payment of the corresponding tax in accordance with the current legislation of Russia.

4.4. The Customer is recognized as having fulfilled its obligations to pay for services from the date the funds are debited from the Customer's settlement account. Payment is made according to the details specified by the Contractor when sending the acceptance of the Offer. The Contractor is obliged to notify the Customer about the change in details.

4.5. Performer - physical the person undertakes, within the working day following the receipt of payment for services, to send to the Customer a check generated in accordance with the legislation on the application of the special tax regime "Tax on professional income". The Contractor undertakes to compensate the Customer for all losses caused as a result of failure to fulfill its obligation specified in this paragraph. The check is sent to the Customer's e-mail address.

4.6. The parties do not sign acts, full payment by the Customer for the services of the Contractor confirms that they were provided with high quality and on time. 

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5. RESPONSIBILITIES OF THE PARTIES

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5.1. In cases of non-fulfillment or improper fulfillment of their obligations under the Agreement, the Parties shall be liable in accordance with the legislation of the Russian Federation, taking into account the terms of this Agreement.

5.2. The Contractor shall be released from liability for full or partial failure to fulfill the obligations stipulated by this Agreement, if this failure was the result of force majeure circumstances that arose after the conclusion of the Agreement, as a result of extraordinary events that the Parties could neither foresee nor prevent by reasonable measures (force majeure ).

5.3. All disagreements that have arisen during the validity period of this Agreement are resolved through negotiations between the parties, and if an agreement is not reached, they are submitted for consideration to the appropriate court at the location of the Customer.

5.4. The Contractor is obliged to compensate the Customer for all losses incurred by the latter due to the unreliability of the assurances given by the Contractor, as well as losses incurred as a result of poorly rendered or not rendered services, or arising from the Contractor's errors.

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6. VALIDITY OF THE CONTRACT

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6.1. The contract between the Customer and the Contractor is considered concluded from the moment the Customer receives the acceptance of the Offer in accordance with the requirements presented by the Customer for acceptance.

6.2. The contract may be terminated early by agreement of the parties.

6.3. The Customer has the right to unilaterally, out of court, terminate the Agreement with the notification of the Contractor. The Agreement is terminated immediately after the notification is sent to the Contractor. At the same time, all obligations of the Contractor remain until they are fully fulfilled. Payment is subject to all services actually rendered as of the date of termination of the Agreement in a proper manner.

6.4. The Contractor has the right to unilaterally terminate the Agreement with the Customer's notification at least 30 (thirty) days before the expected date of termination of the Agreement by e-mail: expert@empiretours.online . Payment is subject to all services actually rendered as of the date of termination of the Agreement in a proper manner.

6.5. The Agreement is automatically terminated from the date the Contractor ceases to apply the tax regime "Tax on professional income" (if the Contractor is an individual), but if the Contractor does not notify the Customer about the planned change of legal status 30 days in advance,_cc781905-5cde-3194-bb3b- 136bad5cf58d_ the provisions of paragraph 7.5 will apply to him. actual agreement.

6.6. The customer has the right to unilaterally change the terms of the contract by publishing a new version on the Internet on its official website at page https://www.empiretours.online/offer2, without notifying the Contractor. The Contractor undertakes to independently monitor changes and additions to this agreement published on the Internet. In case of disagreement with the changes, the Contractor has the right to terminate the contract.

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7. ADDITIONAL TERMS

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7.1. The parties have the right to conclude additional agreements and other documents. Associated with the conclusion, execution and termination of the Agreement, by exchanging electronic images of documents signed by the parties.

7.2. The Parties recognize the legal force of electronic images of documents, as well as legally significant messages sent by the Parties to email addresses. In this case, the Contractor is obliged to send messages to the e-mail addresses specified in this Agreement. The Customer sends messages to the addresses, e-mail specified by the Contractor when sending him an acceptance of the offer containing the terms of the Agreement.

7.3. In all other respects that are not provided for by this agreement, the parties are guided by the current legislation of Russia.

7.4. The Customer has the right to record telephone conversations with the Contractor,  as well as the Contractor's negotiations with the Customer's clients/partners.

7.5. The Contractor undertakes:

- in case of violation of the terms of this agreement, 

- in case of incorrect or disrespectful (including "you") treatment of representatives/operators of the Call Center/consultants/partners/clients of the Customer, etc.

- in case of violation of confidentiality conditions

- in case of dissemination of false information about the company

- in the case of using personal data of customers for their own purposes or transfer to competitors

- in case of committing actions that caused losses to the Customer 

- in the event of any other actions that harm the business reputation of the Customer

eliminate the damage caused and pay (at the request of the Customer) compensation (penalty according to Article 330 of the Civil Code of the Russian Federation) in the amount of 300,000 rubles.

7.6. The Contractor is responsible for the quality of the consultations provided, the accuracy of the information provided and the accuracy of entering data when registering services in applications / interfaces / on the websites of the Customer (as well as its partners, booking centers, tour operators and all related services).

7.7. The Contractor - an individual is obliged to notify the Customer of the intention to change the legal status of "self-employed" in 30 working days.

7.8. The Contractor is obliged to be in touch at the time specified by him to provide services and promptly respond to messages in chats and calls from the Customer / representatives, partners or customers of the Customer. The response time should not be more than 30 seconds. At other times, the Contractor is obliged to get in touch within 12 hours (i.e. if it is not possible to answer immediately, the Contractor must contact as soon as possible, call back or write in chat). 

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8. PROTECTION OF PERSONAL DATA

 

8.1. The Contractor agrees to the collection, storage, processing and transfer to third parties (payment services / providers / database operators, etc., if such a need arises when fulfilling the terms of this agreement) of their personal data (according to Federal Law No. 152).

8.2. The Contractor is responsible for the misuse of the personal data of the Customer's customers.

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9. PRIVACY

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9.1. Any information relating to the conclusion and execution of this Agreement, including commercial activities, commercial and technical knowledge and solutions, software used, personal data of clients, etc., which became known to the Contractor, is confidential and is not subject to disclosure to third parties .

9.2. The Contractor undertakes by no means to disclose (to make available to any third parties, except when third parties have the appropriate authority by virtue of a direct indication of the law) the confidential information of the Customer, to which he received access when concluding this Agreement and in the course of fulfilling obligations arising from from the Agreement. 

9.3. The Contractor must ensure confidentiality on the part of its employees, or other persons involved by it in connection with the conclusion and execution of this Agreement, and is responsible for their confidentiality in relation to the information received.   

9.4. The obligations of the Contractor on confidentiality (clause 9.1. -9.3.) are fulfilled within the term of this Agreement and within ten years after its termination. 

9.5. In case of violation of the terms of this Agreement, the Contractor undertakes to reimburse the Customer in full for the losses caused by the violation of confidentiality conditions.

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10. DETAILS OF THE CUSTOMER

 

Federal network  online travel agencies​​ Empire Tour

(As part of the Federal Group of Companies "IMPERIA")

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Central office:

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LLC "EMPIRE" (EMPIRE LTD.)

Legal address: 123112, Moscow, Presnenskaya embankment, 12,   office 4402, p.1

Actual address:   123112, Moscow, Presnenskaya embankment, 12

(MIBC Moscow-City, Federation-West tower)​

 

TIN: 7703437830 KPP: 770301001 PSRN: 5177746252426

POINT OF PJSC BANK "FC OTKRITIE" MOSCOW

R/C: 40702810901500017345   C/C: 30101810845250000999

Tel: 8-800-222-07-17  WhatsApp: 8-994-7777-007 

E-mail: mail@empiretours.online

Website: EmpireTour.online (empiretours.online)

General Director - Alexander Alexandrovich Pavlov

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$$$:

Beneficiary customer:

EMPIRE Ltd.

address:

nab PRESNENSKAYA, DOM 12, of 4402 POM 1 ET 44, MOSCOW, RUSSIA

account number:

40702840601500003700

 

Beneficiary bank:

BANK OTKRITIE FINANCIAL CORPORATION (PUBLIC JOINT-STOCK COMPANY)

City, country:

BLD.4 LETNIKOVSKAYA STREET 2, MOSCOW, RUSSIA

SWIFT: JSNMRUMMXXX

 

€€€:

Beneficiary customer:

EMPIRE Ltd.

address:

nab PRESNENSKAYA, DOM 12, of 4402 POM 1 ET 44, MOSCOW, RUSSIA

account number:

40702978401500002954

 

Beneficiary bank:

BANK OTKRITIE FINANCIAL CORPORATION (PUBLIC JOINT-STOCK COMPANY)

City, country:

BLD.4 LETNIKOVSKAYA STREET 2, MOSCOW, RUSSIA

SWIFT: JSNMRUMMXXX

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¥¥¥:

Beneficiary customer:

EMPIRE Ltd.

address:

nab PRESNENSKAYA, DOM 12, of 4402 POM 1 ET 44, MOSCOW, RUSSIA

account number:

40702156001500000343

 

Beneficiary bank:

BANK OTKRITIE FINANCIAL CORPORATION (PUBLIC JOINT-STOCK COMPANY)

City, country:

BLD.4 LETNIKOVSKAYA STREET 2, MOSCOW, RUSSIA

SWIFT: JSNMRUMMXXX

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