1. Terms and definitions
Date of posting: 09/01/2023
Effective date: 09/01/2023
The offer is valid until: 09/01/2025.This document represents an offer from the Limited Liability Company “Transfer” (hereinafter referred to as “Y.E.S.“) to the Partner to enter into an Agreement for the provision of services to provide access to the “Y.E.S.” service. » subject to the conditions set out below.
1.1. For the purposes of this document, the following terms are used with the following meaning:
Acceptance of the Offer – full and unconditional acceptance of the Offer by performing the actions specified in section 10 of the Offer;
Affiliate web interface is a section of the Service that contains information about the Partner, Orders (execution status, payment method, etc.), Contractors and other information regarding the Services provided by the “Y.E.S.” service in accordance with the Agreement, and also provides the opportunity for remote interaction between the Parties under the Agreement, depending on the existing functionality and terms of the Offer.
Application – application program for mobile devices service “Y.E.S.” “for craftsmen”, running on the Android or iOS operating system, used directly by Contractors and allowing the exchange of data about the Order.
Statistics data – data from the automated system “Y.E.S.” about the provision of Services, which may also contain information about the number of Orders, the cost of Work on Orders, and other information related to the provision of Services of the “Y.E.S.” and to the calculation of their cost. Access to statistics data is provided through the Affiliate web interface;
Agreement is a paid agreement between the Partner and “Y.E.S.” for the provision of Services service “Y.E.S.“, which is concluded on the terms of the Offer through Acceptance of the Offer.
Partner – an individual or legal entity or individual entrepreneur performing Work or selling, delivering Goods to Users of the Service in connection with the User placing an Order.
Information – data provided by the Partner through the Partner and Client web interface or e-mail for the purposes of this Agreement, including about the Work, the Product, himself as the performer of the Work, the seller and the deliverer of the Products. If the type of activity carried out by the Partner is subject to licensing and (or) the Partner must have state accreditation, then the Partner notifies “Y.E.S.” and provides “Y.E.S.» information about this type of activity, the license number and (or) number of the certificate of state accreditation, the validity period of the specified license and (or) certificate, as well as information about the body that issued the specified license and (or) certificate.
Offer – this document “Offer to provide access to the service “Y.E.S.“, located on the Internet at: https://your-expert-services.com/offer/
User – a person using the Service under the conditions provided for in the User Agreement in order to place an Order. Service – “Y.E.S.“, Service – available at https://your-expert-services.com/, mobile application “Y.E.S.” Services – repair, delivery and cleaning from professionals and other resources and services “Y.E.S.“, affiliates of “Y.E.S.“, providing Users with the opportunity to place Orders and search for Partners based on specified parameters. Services – services “Y.E.S.” to provide access to the Service, provided in accordance with the Agreement.
Order – placed by the User using the “Y.E.S.” Service. » information about potential demand for the performance of Work, purchase and delivery of Goods.
Work – work and/or services for which the User has placed an Order using the “Y.E.S. Service. “, which are the subject of an agreement concluded between the User and the Partner. The indication in the Offer of the phrase “perform Work” is equivalent to “provide services.” All relationships related to the performance of Work arise directly between the Partner and the User.
Goods – drinking water, in respect of which the User has placed an Order using the Service, which are the subject of a sales and delivery agreement concluded between the User and the Partner. All relationships related to the purchase, sale and delivery of Goods arise directly between the Partner and the User. The Partner has the right to involve third parties to deliver the Goods, while remaining responsible to the User.
Contractor is an individual who has entered into an employment or civil contract with the Partner. Data about the Contractors is indicated by the Partner in the Partner web interface (unless otherwise agreed by the Parties).
Personal account is an identifier that is used to record the advance payment made by the Partner for the Services. A personal account is created automatically when the Partner first deposits funds as an advance payment for the Services. A personal account is of a technological nature and does not have the status of a current or bank account.
Payment card – a payment card linked to an account in “Y.E.S.” (including those linked when ordering the Service, before its order, or after its order), or details the details of which are indicated by the Partner on the Service when paying for the Service, used to make an advance payment for the Services.
Tariff – maximum tariffs agreed upon by the Parties for the Partner’s Work. The specified maximum tariffs are established by the Parties in order to attract new Users of the Service, increase the volume of placed Orders on the Service, increase the loyalty of Users to the Service and partners, as well as provide Users of the Service with the opportunity to place an Order for Work from Partners on favorable terms. Reporting period is a period of time calculated from the first day of a calendar month to the last day of the corresponding calendar month, inclusive. The first Reporting Period begins on the day of conclusion of the Agreement and ends on the last day of the month of conclusion of the Agreement, inclusive. The last Reporting Period begins on the first day of the month of termination of the Agreement and ends on the day of termination of the Agreement, inclusive. 1.2. The Offer may use terms not defined in clause 1.1. – 1.2. Offers. In the absence of the specified term in the Offer and the Service Agreement “Y.E.S.” the interpretation of such a term is made in accordance with the text of the specified documents. In the absence of an unambiguous interpretation of the term in the text of the Offer, the Service Agreement “Y.E.S.“. You should be guided by the interpretation of the term defined: first of all – by legislation, secondly – on the Service, then – established (commonly used) on the Internet.”
2. Subject of the Agreement
2.1. The subject of the Agreement is the paid provision of “Y.E.S.” To the Service Partner on the terms of the Offer.
2.2. Services include:
2.2.1. providing “Y.E.S.” Partner of functionality that allows the User to place an Order directly on the Service;
2.2.2. providing “Y.E.S.” Functionality for the Partner, allowing the Partner to receive and confirm the Order for further performance of the Work, sale and delivery of the Goods to the User;
2.3. As part of the “Y.E.S.” Service has the right to provide other functionality in addition to that specified in clause 2.2. Offer, as well as terminate its provision unilaterally.
2.4. Services are provided by “Y.E.S.” in the territory in which the Service makes it possible to place an Order for the User. At the same time, “Y.E.S.” unilaterally defines and changes the specified territory.
2.5. A prerequisite for providing “Y.E.S.” Services is the Partner’s acceptance and compliance with the requirements and provisions set out in the Offer, as well as in the following documents:
User Agreement of the Service;
User Agreement for “Y.E.S. Services “, located on the Internet at: https://your-expert-services.com/;
Regulations for the provision of services for the repair of household appliances – https://your-expert-services.com/; regulations and other documents, a link to which is indicated in the Offer, in the Affiliate web interface or sent by email (hereinafter referred to as the “Regulatory Documents”).2.6. “Y.E.S.” begins to provide Services under the Agreement after Partner provides the Information in full as provided for in the Offer, legislation, in the Partner and Client web interface, as well as the required “Y.E.S.”
2.7. As part of the provision of Services under the Agreement, the Parties may agree on the provision of additional services for searching and attracting “Y.E.S.” for the Partner of persons who are ready to cooperate with the Partner under the terms of an employment or civil law contract to participate directly in the execution of Orders received by the Partner using the “Y.E.S. Service. ” Unless otherwise agreed in the Certificate of Services Rendered, the cost of such additional search and attraction services is included in the cost of the Services.
2.8. If there is a technical capability within the Service, the Partner may have access to functionality that allows him to transfer additional information about Orders (including the income of Contractors under the Order) for display to them in the Mobile Application. Transfer of information is possible via email or through the Affiliate web interface. Each time the Partner provides information, he guarantees its completeness and accuracy, and also undertakes to resolve possible claims of the Contractors addressed to “Y.E.S.” about this information.
3. The procedure for interaction between the Parties when providing Services
3.1. Information provided by the Partner “Y.E.S.”
3.1.1. The Partner undertakes to provide Information to “Y.E.S.” for posting on the Service, communicating to Users and for the purposes of processing and sending Orders to the Partner. The Partner is independently and fully responsible for the information provided, including its completeness, reliability, relevance and compliance with the law.
3.1.2. The Partner undertakes to keep the Information up to date throughout the period of provision of the Services, and in case of changes, immediately notify “Y.E.S.” by email and by changing previously submitted Information in the Partner and Client web interface (if such functionality is available).
3.1.3. The partner confirms “Y.E.S.“, that the contractor carrying out the Work is the Partner and the data about him specified in the Service “Y.E.S.“, are reliable and can be communicated to the User in accordance with legal requirements.
3.1.4. The placement of Information on the Service is determined by “Y.E.S.” independently, taking into account the technological and other features of the Service.
3.1.5. “Y.E.S.” has the right to request by e-mail, and the Partner is obliged to provide documents and information confirming the Information within 2 (Two) days. By request “Y.E.S.” the specified documents and information must also be provided on paper on the Partner’s letterhead signed by an authorized representative within the time limits specified in the request.
3.1.6. The procedure for providing information about the Contractors: To begin accepting Orders, the Partner must enter data about the Contractors in the Partner interface to the extent specified in the Partner web interface. The parties may agree otherwise by exchanging messages via email. A link to install the Application is sent to the Contractor’s mobile phone number specified by the Partner. The Contractor must go through the registration and verification procedure in the Application using the phone number specified by the Partner. Partner on request “Y.E.S.” in order to verify the accuracy of the information provided about the Contractor, he is obliged to provide or ensure that the Contractor provides an identification document, as well as any other necessary “Y.E.S.” document.
3.2. Formation, transfer and execution of User Orders The parties agreed on the following procedure for the formation, transfer and execution of User Orders:
3.2.1. Formation of an Order By default, the User, through the use of the “Y.E.S.” forms and places an Order. After the User places an Order “Y.E.S.” selects a Partner in accordance with the conditions and software algorithms of the Service specified in the Order. After choosing a Partner “Y.E.S.” appoints the Contractor according to the data specified by the Partner in the Partner web interface (including taking into account free time slots, distance from the place of execution of the Work, etc.) (unless otherwise agreed by the Parties).
3.2.2. To the selected Partner “Y.E.S.” via the Affiliate web interface reports the following information about the Order:
- Order number;
- List of Works, Products in the Order.
- Total cost of the Order; – List of materials required for the provision of Work (if specified by the User);
- Place (address), date and time of execution of the Work, delivery of the Goods;
- Partner Contractor assigned to the Order;
- Comment from the User (if indicated);
- Type of payment (non-cash payment/cash);
- User contact information – name, mobile phone number.
3.2.3. Partner’s actions with the Order The Partner has the right to change the assigned Contractor in the Affiliate web interface. The Partner is obliged to ensure the execution of the Order by the Contractor specified in the Partner web interface. If it is impossible to fulfill the Order, the Partner is obliged to immediately cancel the Order through the Partner web interface. If the Partner refuses to fulfill the Order, “Y.E.S.” continues to search for another Partner to fulfill the Order. No later than 14 working hours (working hours are considered to be from 09:00 to 21:00) Local time before the planned time and start date of the Work, the Partner must confirm the completion of the Order, otherwise the Order is considered not confirmed by the Partner, “Y.E.S.” may continue to search for another Partner to complete the Order or inform the User about the cancellation of the Order due to non-confirmation of its completion by the Partner. After the Partner has confirmed the completion of the order, the Order is considered completed, interaction with the User is carried out by the Partner independently (without the participation of “Y.E.S.“) in accordance with the Partner’s rules for the execution of Work, sale and delivery of Goods, and legal requirements. The Partner is obliged to perform the Work, sell and deliver the Goods in accordance with the requirements of current legislation, the terms of the Order and the Offer. If the Order is canceled by the User, “Y.E.S.” sends information about this to the Partner using the Partner web interface. In this case, for Kaz is not considered formalized.
3.2.4. Information about the execution of the Order When selling and delivering Goods, the Partner undertakes, before the start of the Work, to provide the User with all the necessary information required by law about the performer of the Work and the Work, about the Goods, the seller of the Goods, the person delivering it, as required by law. After receiving the Order, the Partner further coordinates the meeting of the Contractor with the User, performs the Work listed in the Order for the User, sells and delivers the Goods. The Contractor, using the functionality of the Application, sends “Y.E.S.” information about the execution of the Order, its final cost and materials used (if applicable) after acceptance of the Work by the User and delivery of the Goods to the User. The Partner undertakes to perform the Work, sell and deliver the Product to Users (clients) on the terms of their payment after the completion of the Work and delivery of the Product. The requirement to pay funds in advance and before the User (client) accepts the Work and delivers the Goods is a violation of the Agreement.
3.2.5. Payment for Work by Users (clients) By default, in the Service, Users (customers) when placing an Order are offered payment for completed Work through non-cash payments using the “Y.E.S.” Service. ” Acceptance of non-cash payment in this case is carried out as part of the execution of the Order under the terms of the Service Agreement “Y.E.S.”
3.2.6. Resolution of disputes, claims of Users (clients) The Partner undertakes independently and at his own expense, in the manner prescribed by law, to resolve claims of Users, including with regard to the quality, timing and procedure for performing Work, Goods and payments made by them.
3.3. Requirements for Contractors (experts) performing Work
3.3.1. “Y.E.S.” has the right to introduce mandatory requirements for the performance of a certain type of Work (work regulations). The specified documents are sent to the Partner by e-mail specified in the Agreement, or specified in clause 2.5 of the Offer.
3.3.2. The Partner undertakes to ensure that the professional qualities and qualifications of the Contractors correspond to the Work performed.
3.4. “Y.E.S.” may use the function of replacing the phone number of the Partner, Contractor (specified or provided by the Partner), User to protect contact information from being used by an unknown number of persons for purposes not related to the use of the Service.
By posting or providing contact details of the Partner, Contractor, as well as initiating a call using the provided “Y.E.S.” To the Partner the User’s phone number, the Partner expresses his consent to the recording “Y.E.S.” conversation and the phone number from which the call was made. The Partner undertakes to obtain this consent from the Contractor. Records can be used to monitor the quality of the Service, to develop and improve the Service or its individual functions, as well as to monitor compliance with the requirements of the Offer, consider User complaints and control the quality of Work. The Partner confirms that he has obtained consent to transfer the Contractor’s last name, first name and telephone number, indicated or provided by him, for the purpose of communicating such Contractor with the User (client).
4. Agreement for the provision of services “Y.E.S.” – Payment
4.1. “Y.E.S.” for the User to pay for Works, Goods (Transactions) sends the Users a Payment link after the Partner informs “Y.E.S.” about the successful completion of the Work, sale and delivery of Goods under the Order (clause 3.2.4 of the Offer). Funds are accepted. within the framework of the execution of the Order in the manner prescribed by the Y.E.S. Service Agreement Payment. “Y.E.S.” Service Agreement Payment is concluded and is valid on the terms published on the Internet at: https://your-expert-services.com/ , with the exceptions specified in the Offer.
4.2. The information necessary to carry out the Transaction about the Work, Goods that are the subject of payment is provided by the Partner through the Partner web interface, as well as in another way, if provided for in the Offer, agreed upon by the Parties or indicated by “Y.E.S.” In this case, creating a separate Payment for each Transaction is not required. Data about a legal entity or individual specified in the “Y.E.S.” Service is used as data about the Partner. » Payment.
4.3. Fee for the provision of Services “Y.E.S.“. Payment and execution of the Order provided for in the Service Agreement “Y.E.S.” Payment in relation to Transactions for Work, Goods sent in the manner prescribed by the Offer is included in the cost of Services under the Agreement (clause 7.1 of the Offer). Delivery and acceptance of Services “Y.E.S.” Payment provided in relation to Transactions for Work, Goods sent in the manner provided for in the Offer, is carried out in the manner provided for in the Offer, Orders – in the manner provided for in the Service Agreement “Y.E.S.” Payment (formation and sending of the Report).
4.4. Transfer of funds received by “Y.E.S.” from Users (clients), carried out by “Y.E.S.” to the Partner’s current account, to which funds are to be transferred as part of the execution of the Order in the manner prescribed by the Service Agreement “Y.E.S.“.Payment within a period not exceeding 7 banking days from the date of receipt of “Y.E.S.” from Users of the specified amounts, minus the amounts returned by “Y.E.S.” To Users, as well as minus the cost of Services. Duty “Y.E.S.” transfer of funds is considered completed at the moment the funds arrive in the correspondent account of the Customer’s bank.
4.5. Without conflicting with the terms of the Offer and the Service Agreement “Y.E.S.“. Payment The parties have agreed that “Y.E.S.” has the right, at its discretion, to carry out marketing and other activities aimed at promoting the Service, as well as other activities, including those related to the provision of additional promotional conditions, when placing an Order. “Y.E.S.” independently determines the essential conditions of such events. The activities specified in this paragraph are carried out by “Y.E.S.” at your own expense, “Y.E.S.” within the framework of the Order, ensures the receipt in favor of the Partner of amounts received from Users in the amount and manner established by the Service Agreement “Y.E.S.” Payment, if such events are associated with the provision of discounts for non-cash payments for Works and Goods.
4.6. If technically possible, “Y.E.S.” as part of the execution of the Order in the Goods category (Water Delivery) has the right to unilaterally determine the procedure for accepting funds for the Goods from Users: in the order of prepayment or postpayment.
In case of acceptance of funds as an advance payment as part of the execution of the Order “Y.E.S.” also carries out settlements with Users by offsetting non-cash payments accepted as advance payment against payment for Goods and services. The moment of crediting the advance payment for the Goods is the moment of receipt of the “Y.E.S.” from the Partner a message about the completion of delivery of the Products using the Partner web interface or Application.
5. Rights and obligations of the Parties
5.1. “Y.E.S.” undertakes:
5.1.1. Provide Services to the Partner in accordance with the Agreement concluded on the terms of the Offer.
5.1.2. Provide the Partner with access to the Partner web interface. In this case, the Partner independently provides access to the Internet.
5.2. “Y.E.S.” has the right:
5.2.1. Suspend the provision of Services and/or terminate the Agreement early unilaterally out of court by notifying the Partner in accordance with the grounds for suspension and termination of the Agreement.
At the same time, “Y.E.S.” has the right to temporarily suspend the provision of Services for technical, technological or other reasons that impede the provision of Services while such reasons are eliminated.
Additionally, “Y.E.S.” has the right to suspend/limit the provision of Services unilaterally out of court with respect to the possibility of assigning Orders to specific Partner Contractors without notifying the Partner, as well as to demand that the Partner remove a specific Contractor from performing Work, delivering Goods, in particular, but not limited to, in the following cases:
Violation by the Contractor of the rules for using the Application, as well as if the actions/inaction of the Contractor leads or may lead to a violation of the Offer and the provisions of other documents provided for in clause 2.5 of the Offer, as well as the instructions “Y.E.S.” To the Partner sent as part of the provision of Services;
In case of receiving negative feedback from Users about the Contractor;
If “Y.E.S.” has information giving reason to assume that the possibility of assigning Orders to this Contractor was previously suspended/limited;
If “Y.E.S.” has “information giving grounds to assume that the Contractor has committed actions/inactions that entail or may entail infringement of the rights and/or legitimate interests of the User, “Y.E.S.“, other persons;
In other cases provided for by the Offer and the law, as well as by decision of “Y.E.S.” if this is necessary to ensure an adequate level of quality of the Service and protect the rights and legitimate interests of “Y.E.S.“, Users, other persons.
In case of violation by the Partner or the user of the terms of the Agreement “Y.E.S.” has the right to suspend the provision of Services until the Partner or user eliminates the violations committed and redresses (compensation) caused to “Y.E.S.” such violation of losses in full and/or terminate the Agreement. Upon termination of the Agreement on the specified basis “Y.E.S.” has the right, by way of withholding, to recover from the Partner the amounts of penalties and losses presented in accordance with the Agreement.5.2.2. Carry out control activities:
To verify compliance of the content of the Information provided by the Partner with the requirements of the Agreement and legislation. Data obtained as a result of control activities are sufficient, but not the only basis for establishing non-compliance of the Information with the requirements of the Agreement. At the same time, “Y.E.S.” independently determines the methods, frequency and grounds for carrying out control activities.
To verify the proper and conscientious fulfillment by the Partner of its obligations to “Y.E.S.” and Users. The Partner’s dishonest fulfillment of his obligations is considered to include, but is not limited to: dishonest use of “Y.E.S.” promotional codes. “, the use of false phone numbers and/or email addresses for the purposes of Orders, imitation of Orders of new users of the Service and/or other dishonest behavior of the Partner and/or its employees. In the said case, “Y.E.S.” will have the right to suspend the provision of Services or terminate the Agreement unilaterally out of court.5.2.3. Make unilateral changes to the Agreement and other documents specified in clause 2.5 of the Offer, as well as to the conditions for determining and calculating the cost of Services, Tariffs.
5.2.4. In order to fulfill the Agreement, use free of charge trademarks, images, and other information about the Partner, Works, Products, including those included in the information posted on the Partner’s websites and/or in the Partner’s official social network accounts, including in advertising “Y.E.S.” If the Information is used in advertising “Y.E.S.” and companies of the group of persons “Y.E.S.” has the right to pre-coordinate the layouts of such advertising with the Partner, including via email. When the Partner approves such layouts, the Partner checks the compliance of the use of Information (including intellectual property) with current legislation, including legislation on advertising, competition protection, consumer rights protection, and intellectual property.
5.2.5. “Y.E.S.” has the right, in the event of a request from law enforcement and government agencies, to request from the Partner by e-mail information about the Partner, the Contractor, the basis for his involvement in the Work, the sale and delivery of Goods and other information specified in the request. The Partner undertakes to provide information on the company’s letterhead by email within 2 (Two) business days. signature of an authorized representative with a response to the request “Y.E.S.” with simultaneous sending of the original by mail.
5.2.6. “Y.E.S.” has the right at any time to limit the Contractor’s access to the functions of the Application and/or require the Partner to remove the Contractor from fulfilling the Order in cases provided for in the Offer, as well as in cases of violation by the Contractor of the terms of the Regulatory Documents, the license agreement for the use of the Application, in the event of complaints from Users and in other cases without specifying reasons to the Partner;
5.2.7. Exclusively if agreed by the Parties and within the framework of fulfilling obligations under the Agreement and for the duration of the Agreement, provide for temporary use to the Partner materials with the symbols and logo of the Service (including, but not limited to, items of clothing that are not personal protective equipment) for use in the process of fulfilling Orders within the Service (hereinafter referred to as the “Service Materials”). In case of providing “Y.E.S.” Service materials in accordance with this clause, the cost of such use is included in the total cost of the Services in accordance with clause 7.1 of the Agreement. “Y.E.S.” has the right to stop providing the Service Materials for temporary use by notifying the Partner 5 (Five) working days in advance and demanding their return within the period specified in the notification.
5.2.8. Unilaterally stop posting categories of services on the Service by notifying the Partner 3 (Three) business days in advance by email specified in the Agreement;
5.2.9. Other rights provided for in the Offer.
5.3. The partner undertakes:
5.3.1. Pay for Services “Y.E.S.” under the Agreement within the terms and procedure established in the Offer (Agreement).
5.3.2. The Partner agrees that the display of Information about the Partner, Works, Products on the Service may be accompanied by additional information materials from the Service, including information about ratings of the Partner/Work/Products, reviews of the Partner/Works/Products, but not limited to the above.
5.3.3. Before the start of the provision of Services, indicate in the Partner web interface the VAT rate applied by the Partner in relation to Work, Goods, as well as other additional payments, and in case of a change in the applicable VAT rate, no later than 30 business days before the corresponding change, report the new VAT rate “Y.E.S.” by email, and from the date of change – in the Affiliate web interface. If the Partner applies different VAT rates in relation to Works, Goods, then he is obliged to inform “Y.E.S.” by email before accepting Orders.
5.3.4. When performing Work, selling and delivering Goods among Users, do not distribute information or advertising materials (both your own and third parties), contact and other information for performing Work, selling and delivering Goods without using the “Y.E.S.” Service. ”
5.3.5. Do not distribute, publish or otherwise provide incorrect information about the Service and/or “Y.E.S.“(including, but not limited to, information containing profanity, presenting the Service and/or “Y.E.S.” in a negative light, otherwise contrary to ethical and moral principles, norms, principles of good faith, integrity, other information designated (directly or indirectly) “Y.E.S.” as incorrect and not subject to distribution by the Partner). At the same time, the decision of “Y.E.S.” when determining whether information is incorrect, has priority and is obligatory for the Partner to take into account.
5.3.6. Inform the Contractors about the terms of the Offer, Tariffs, regulations for the execution of Work (if applicable), the procedure for working with the Application and transmitting information about Orders.
5.3.7. Comply with legal requirements when concluding contracts with Contractors, including migration and labor legislation.
5.3.8. Provide the Contractor with all the necessary materials to perform the Work and deliver the Goods, including equipment for installing the Application.
5.3.9. To remove the Contractor from performing Work under Orders in the cases provided for in the Offer.
5.3.10. Publishing any references to “Y.E.S.“, notification to third parties or an indefinite number of persons about the fact and/or details of cooperation between the Parties shall be carried out exclusively with the prior written consent of “Y.E.S.“, unless the disclosure and/or provision and/or transfer of relevant information is required by applicable law. Use of the “Y.E.S.” logo “, companies of the group of persons “Y.E.S.” is permissible only in accordance with the conditions specified in the consent “Y.E.S.“, and in its absence – in accordance with the conditions specified on the page https://your-expert-services.com/. “Y.E.S.” has the right to withdraw his consent at any time, and the Partner undertakes, unless otherwise provided by the consent of “Y.E.S.“, within 1 (one) calendar day from the receipt of the corresponding notification by email, stop publishing/communicating information about cooperation with “Y.E.S.”
5.3.11. Do not carry out unscrupulous generadio or cancel Orders, not perform Work, sell and deliver Products under the Order without displaying their status on the Service.
5.3.12. In the event that, in accordance with the current legislation, before the start of the Work, any information must be communicated to the User, or any conditions for the execution of the Work, sale and delivery of Goods must be agreed upon with the User, the communication/agreement of which is not provided for by the Service interface The Partner is obliged to independently provide the specified information / agree on the specified conditions with the User before the start of the Work, sale and delivery of the Goods.
5.3.13. If the form or method of concluding an agreement on the performance of Work, sale and delivery of Goods is provided for by the current legislation that cannot be met through the exchange of information between the User and the Partner through the interfaces of the Service, the Partner is obliged, before the start of the Work, sale and delivery of Goods, conclude an agreement with the User on the performance of Work, sale and delivery of Goods in the required form and in compliance with the required method of its conclusion.
5.3.14. Perform Work, sell and deliver Goods in accordance with the terms of the Order, incl. taking into account Tariffs (if they are applicable to the Work provided).
5.3.15. Upon receiving feedback from Users (customers) on the Order from “Y.E.S.” to refrain from communication with Users, as well as to ensure that the Contractor who performed the Work refrains from communication with Users without the consent of “Y.E.S. ”
5.3.16. In case of providing “Y.E.S.” Service Materials, use such Service Materials only when fulfilling Orders received through the Service to promote the Service. The Partner undertakes to return the Service Materials within 2 (Two) days after termination of the Agreement and/or at the request of “Y.E.S.” within the time limits specified in the notification sent by email.
5.3.17. Perform other duties provided for in the Offer (Agreement).
5.3.18. Observe measures to limit the spread of the new coronavirus infection (COVID-19) when executing Orders.
5.4. The partner has the right:
5.4.1. To access the Affiliate web interface;
5.4.2. other rights provided for in the Offer.”
6. Messaging
6.1. The exchange of documents, including messages and correspondence, can be carried out in one of the following ways:
- By registered mail with acknowledgment of delivery;
- Through Authorized email addresses;
- Delivery by courier;
- Affiliate web interface;
- Application.
By default, unless otherwise stated in the Offer, messaging is carried out using the Affiliate web interface or Application within the functionality of the specified methods of information exchange, and otherwise via email using Authorized email addresses.
6.2. The date of receipt of the corresponding message is considered to be: in case of sending to Authorized Addresses – the date of sending the notification recorded in the sender’s email; in the case of delivery by courier – the date indicated in the receipt of receipt of the letter by the recipient’s representative or the recipient’s representative’s mark of acceptance on the copy of the letter; in case of sending in the Affiliate web interface – the date of completion of actions in the Affiliate web interface, recorded in the information systems “Y.E.S.” in case of sending using the Application – the date of completion of actions in the Application, recorded in the information systems “Y.E.S.”
6.3. The parties confirm that the exchange of documents, including Acts, letters, notices, notices and other correspondence, carried out in one of the ways specified in clause 6.1. Offers will have evidentiary value and full legal force, including when resolving disputes between the Parties in court.
6.4. Affiliate web interface:
6.4.1. Access to the Affiliate web interface is carried out using an account (login) in “Y.E.S.” (https://your-expert-services.com/), under which the Partner was authorized upon registration in the manner provided for in clause 10.1.1 of the Offer, and in the event that access to the Partner web interface was provided before the appearance of the form registration on the Service, then using the account with which the Partner registered in the Service.
6.4.2. The Partner is solely responsible for the safety and confidentiality of credentials (login and password) for accessing the Affiliate web interface.
6.4.3. The Partner has the right to independently configure access and functional roles in the Partner Interface. At the same time, the Partner agrees that all actions carried out using the functions of the Affiliate web interface, in which the user of the Affiliate interface is authorized using the Partner’s login and password, are considered to be carried out by the Partner.
6.5. Email:
6.5.1. To send and receive messages by email, the following addresses are used (hereinafter referred to as the Authorized Addresses of the Parties):
1) When sent by the Partner and when sent to the Partner: email address of the account (login) in “Y.E.S.” (https://your-expert-services.com/), which was used for registration in the manner provided for in clause 10.1.1 of the Offer, and/or the email address specified in the offer statement provided for in clause 2.3. Agreement for the provision of services “Y.E.S.“. Payment and/or email address specified when registering the payer or when issuing an invoice in the “Y.E.S.” service. (https://your-expert-services.com/) and/or the email address specified in the Affiliate web interface;2) When sent to the address “Y.E.S.” : email address “Y.E.S.“, specified in section 17 of the Offer;
6.5.2. The Parties recognize the legal force of electronic correspondence, electronic messages, copies of text contained in electronic documents (files) sent by the Parties for the purposes of concluding and executing the Agreement, provided that the Authorized addresses of the Parties are used for the purposes of sending the above messages and documents. Information and materials necessary for the provision of Services, including all necessary for the performance by the relevant Party of the obligations assumed under the Agreement, are sent by the Parties electronically using Authorized Addresses. The Parties acknowledge and agree that legally significant communications emanating from Authorized Addresses are emanating from duly authorized representatives of the Parties.
6.6. Application:
6.6.1. The Partner independently ensures the ability to install the Application on the Contractors’ devices, as well as the compliance of the devices with the technical requirements of the Application and Internet connection. Use of the Applications is governed by the License Agreement published at: https://your-expert-services.com/
6.6.2. The Contractor’s access to the Application is carried out using the “Y.E.S.” services account. » Contractor (or the “Y.E.S.” services account, access to which the Partner has transferred to the Contractor) and the phone number previously specified in the Partner Services/API Partner interface.
6.6.3. The Contractor independently enters data on the status of the Order into the Application interface. “Y.E.S.” is not responsible for the timeliness, accuracy, relevanceb, correctness of the data entered by the Contractor.
6.7. The functionality of the Affiliate web interface and/or Application is provided “as is”. “Y.E.S.” does not guarantee compliance of the Affiliate Interface and/or Application with the goals and expectations of the Partner, uninterrupted and error-free operation of the Affiliate Interface and/or Application as a whole and its individual components. “Y.E.S.” has the right at any time to completely or partially change the operation of the Affiliate web interface and/or Application.
6.8. “Y.E.S.” is not responsible for any direct or indirect consequences of any use or inability to use the Affiliate web interface/API/App and/or damage caused to the Affiliate and/or third parties as a result of any use, non-use or inability to use Partner web interface/API/ Application as a whole and its individual components.
6.9. In order to fulfill the “Y.E.S.” Agreement » free of charge, under the terms of a simple (non-exclusive) license, grants the Partner the inalienable right to use the Partner Interface and the Application to use the Partner web interface and the Application for their direct functional purpose.
The Partner has no right to modify, decompile, disassemble, decrypt and perform other actions with the object code of the Affiliate Interface and/or Application aimed at obtaining information about the implementation of algorithms used in the Affiliate Web Interface and/or Application, create derivative works, as well as carry out (permit to carry out) other use of the Affiliate web interface and / or Application without the written consent of “Y.E.S.“
7. Cost of Services and payment procedure
7.1. The cost of the Services is formed as a percentage of the total cost of the Work; VAT is included in the cost of the Services under the Agreement.
7.2. Payment for Services is made by the Partner in Russian rubles by bank transfer in the following order:
7.2.1. Cost of Services in relation to Works, Goods for which the User made a non-cash payment using the “Y.E.S.” service. “, is withheld from non-cash amounts accepted by “Y.E.S.” in pursuance of the Order, in the manner provided for in clause 4.4 of the Offer;
Replenishment of the Personal Account can be carried out using a Payment Card, or by bank transfer to an invoice issued by the Partner through the Service in the Partner web interface. When specifying the Payment Card data and further using the Payment Card, the Partner confirms and guarantees that he will provide accurate and complete information about a valid payment card issued in his name; its compliance with the rules of international payment systems and the requirements of the issuing bank that issued the Payment Card, including with regard to the procedure for conducting non-cash payments; providing them with reliable and complete information about the electronic payment instrument; compliance with the requirements of the electronic money operator.
If the Personal Account is replenished by another person other than the Customer (based on the data specified when concluding the “Y.E.S.” Service Agreement), then such person, when making an advance payment, confirms, as well as the Customer confirms that he is authorized by the Customer to make an advance payment for Services provided to the Customer. “Y.E.S.” has the right, if the Partner has a debt under the Agreement, to write it off from subsequent payments made in accordance with this clause, without sending any notifications to the Partner.7.3. The Partner’s monetary obligations to pay for the Services are considered fulfilled at the moment the corresponding amount is received in the “Y.E.S.” bank account. ”
7.4. In cases provided for by current legislation, when paying for Services on the Internet, a cash receipt is sent to the email address specified when registering the payer or when issuing an invoice in the “Y.E.S. service.”.
7.5. The total cost of Services provided in the Reporting Period is indicated in the Acts.
8. Procedure for delivery and acceptance of Services
8.1. “Y.E.S.” at the end of the Reporting period and/or on the last day of provision of Services (including for a specific account) in which the Services were provided, forms a unilateral certificate of services rendered (hereinafter referred to as the “Certificate“) in accordance with the volume of Services actually rendered in the Reporting period and an invoice. Due to the technical features of the “Y.E.S.” billing system. Can generate several sets of documents (Act and invoice) in relation to the Services, including depending on the method of payment for the Work, Goods under the Order (non-cash using the “Y.E.S.” service or in cash), method of payment for the Services (prepayment or deduction from the amounts accepted upon execution of the Order). In addition, the specified documents may use different contract numbers under which they are issued. The parties consider documents generated with the specified features as generated in accordance with the terms of the Agreement, while different contract numbers are not considered as an indication that the documents were issued under more than one Agreement concluded with the Customer upon acceptance of the offer (if there is any doubt as to under which agreement the documents were issued, the Partner is obliged to request clarification from “Y.E.S.“).
8.2. The report and invoice are sent to “Y.E.S.” To the customer by mail, with simultaneous sending of a copy of the text of the Act and the invoice by e-mail. The parties acknowledge that a copy of the text of the Act sent to “Y.E.S.” to the Customer by e-mail, will be used by the Customer in the process of accepting the Services provided by “Y.E.S.“, until the original of the Act is received.
8.3. The date of receipt of a copy of the text of the Act sent to “Y.E.S.” To the customer by e-mail, the next working day after the day of sending is considered.
8.4. The parties have established that the “Y.E.S.” Services. “(including Services “Y.E.S.” Payment in relation to Work, Goods under Orders with payment by bank transfer) are considered to be provided properly and accepted by the Customer to the extent specified in the Certificate, if within 13 (thirteen) calendar days from the date of completion of the Report period “Y.E.S.” did not receive motivated written objections from the Customer. After the expiration of the period specified above, claims regarding deficiencies in the Services and Services of Partners, including quantity (volume), cost and quality, will not be accepted. After the specified period, the Partner’s claims under the Act, including those regarding the quantity (volume), cost and quality of the Services, will not be accepted.
8.5. The partner has the right to send “Y.E.S.” a reasoned claim in relation to the Act or Order before the end of the Reporting period in which the relevant Order was completed. In case of recognition (satisfaction) “Y.E.S.” such a claim before the end of the Reporting period, the cost of the Services for the specified Reporting period may be revised by the Parties. In case of sending a reasoned claim 3 (three) business days before the end of the Reporting period or after the expiration of the Reporting period (but not more than 13 days after the expiration of the relevant Reporting period) and subsequent recognition (satisfaction) “Y.E.S.” of such a claim, the Parties agreed that the cost of the Services may be revised in the Reporting Period in which such a claim was recognized (satisfied) “Y.E.S.”
8.6. The Partner agrees that for purposes related to the conclusion, execution and termination of the Agreement, including to confirm the fact of provision of Services, determine the cost, volume and quality of the Services provided, exclusively the “Y.E.S.” statistical data is used.
8.7. Separate Act and invoice for Services “Y.E.S.” Payment in relation to non-cash payments for Works and Goods for completed Orders is not generated and not sent to Partners.
9. Processing of personal data
9.1. The Parties are independent operators of personal data within the framework of their processing using the functions of the Partner web interface and the Application. When processing personal data, the Parties undertake to comply with the requirements of the Federal Law “On Personal Data” and other regulations in the field of personal data protection.
9.2. The Partner undertakes in advance (before entering data) to obtain the written consent of the Contractors and other persons whose data is entered by the Partner into the Partner web interface, to transfer their personal data to “Y.E.S.” subject to the terms of the Privacy Policy (https://your-expert-services.com/privacy-policy/), as well as their processing by both the Partner and “Y.E.S.” by any means provided for by the Federal Law “On Personal Data” for the purpose of using the Service by the Contractors and fulfilling this Agreement. The Partner is obliged to keep these consents during the term of the Agreement and for at least 3 (three) years after its termination.
9.3. “Y.E.S.” at its discretion has the right at any time to request confirmation that the Partner has received the Performers consent to the processing of their personal data. If a request is received, the Partner is obliged to provide “Y.E.S.” within 3 (three) business days. A document (in paper or electronic form) confirming the consent of the subject of personal data to the processing of his personal data. If this request is ignored, “Y.E.S.” has the right to suspend the processing of the subject’s personal data, as well as apply to the Partner the consequences specified in the Offer.
9.4. If a written withdrawal of consent to the processing of personal data is received from the Contractor, the Partner is obliged to notify “Y.E.S.” about this within 3 (three) business days. ”
9.5. Upon termination of the Agreement, the Partner has the right to receive a copy of the Partner web interface data. “Y.E.S.” has the right to store data obtained using the Partner Interface for 3 (three) years from the date of termination of the agreement.
9.6. When processing personal data of Users received by the Partner as part of the execution of the Agreement, the Partner undertakes to process personal data solely for the purposes of carrying out Work, selling and delivering Goods in relation to the User, with the exception of other processing purposes established by law. The Partner undertakes not to use the received personal data of Users for the purpose of promoting his own Works, Products or other advertising/marketing activities, unless he has received the separate express consent of the User.
10. Acceptance of the Offer and conclusion of the Agreement
10.1. The partner and user (client) accepts the Offer by sequentially performing the following actions (in total):
10.1.1. Registration as a Partner and user (client) on the “Y.E.S.” Service. “, entering the necessary information (except for cases where access to the Affiliate web interface was provided before the registration form appeared on the Service), reading and agreeing to the terms of the Offer during Registration or in the Affiliate web interface.
10.1.2. If the Partner has not concluded the Service Agreement “Y.E.S.” .Payment, registration in the “Y.E.S.” Service. Payment in the manner specified in the conditions and conclusion of the Agreement for the provision of services “Y.E.S.“. Payment on the terms specified in the link (receipt from “Y.E.S.” notification of acceptance of the Partner’s offer statement).
10.1.3. Indication in the Affiliate web interface “Y.E.S.“, generated in the Client web interface of the Service “Y.E.S.” Payment.
10.2. The actions provided for in this section of the Offer, carried out by a person, are not recognized as proper Acceptance of the Offer: with whom “Y.E.S.” the Agreement was previously terminated due to violation by the specified person of the provisions of the Offer; and/or who had limited access to the Service as a Contractor, a user (client) and/or his profile in the Service was blocked in accordance with the Terms of Use of the “Y.E.S.” service (the term “Contractor” is specified in accordance with these Terms). These actions do not entail any obligations on the part of “Y.E.S.“. The provisions of this paragraph do not apply to cases where “Y.E.S.” has carried out unambiguous actions indicating the acceptance of the Offer Acceptance made by the above-mentioned persons as proper (the actual start of the provision of Services and/or the transfer of Orders). “Y.E.S.” has the right to independently determine technical methods of limiting the Acceptance of the Offer in relation to the above persons.
10.3. When concluding the Agreement, it is assigned a number, information about which is sent to “Y.E.S.” To the partner by email, in the Affiliate web interface.
10.4. “Y.E.S.” has the right to refuse the Partner to conclude an Agreement at any stage of negotiations if the Partner does not meet the criteria of good faith and trustworthiness established by “Y.E.S.“. “Y.E.S.” has the right not to disclose to the Partner the reasons why “Y.E.S.” classifies the Partner as a counterparty who does not meet the criteria of good faith and trustworthiness.
11. Validity period and changes to the terms of the Offer
11.1. The Offer comes into force from the date of its posting on the Internet at https://your-expert-services.com/, unless another period is specified when posted, and is valid until the Offer is revoked by “Y.E.S.”
11.2. “Y.E.S.” reserves the right to make changes to the terms of the Offer, the documents specified in clause 2.5. Offers, withdraw the Offer at any time at your own discretion.
Such changes or withdrawal of the Offer come into force from the moment the amended text of the Offer (the documents specified in clause 2.5 of the Offer) is posted on the Internet at https://your-expert-services.com/ and/or the addresses specified in clause. 2.5 Offers, for relevant documents, unless a different date for the entry into force of changes is additionally determined upon such placement. The Partner undertakes to independently monitor the changes specified in this paragraph.
12. Validity, amendment and termination of the Agreement
12.1. Acceptance of the Offer by the Partner and the user (client), made in accordance with section 10 of the Offer, gives rise to an Agreement (Civil Code) on the terms of the Offer.
12.2. The Agreement comes into force from the moment the Offer is accepted by the Partner and the user (client) and is concluded for the period specified in this offer.
12.3. “Y.E.S.” has the right to unilaterally make changes to the Agreement. The partner and user (client) agrees and acknowledges that making changes to the Offer in accordance with clause 11.2. The Offer entails making these changes to the agreement concluded and valid between the Partner, the user (client) and “Y.E.S.” Agreement, these changes to the Agreement come into force simultaneously with such changes to the Offer (including the documents specified in clause 2.5 of the Offer). In case of withdrawal of the Offer “Y.E.S.” during the term of the Agreement, the Agreement is considered terminated from the moment of revocation, unless otherwise agreed “Y.E.S.” upon withdrawal of the Offer. The Partner undertakes to independently check the current terms of the Offer at https://your-expert-services.com/ and/or the addresses specified in clause 2.5 of the Offer.
12.4. The contract may be terminated:
12.4.1. By agreement of the Parties at any time;
12.4.2. “Y.E.S.” unilaterally out of court by sending a written notification to the Partner by email no later than 5 (Five) working days before the date of termination of the Agreement;
12.4.3. Partner unilaterally out of court with notification “Y.E.S.” by email 7 (Seven) business days before termination and by clicking “Stop accepting orders” in the Affiliate web interface;
12.4.4. On other grounds provided for by the Offer and/or current legislation.
12.5. The obligations of the Parties under the Agreement, which by their nature must continue to apply (including obligations regarding confidentiality, mutual settlements, use of information, but not limited to the above), remain in force after the termination of the Agreement.
12.6. Termination of the Agreement for any reason does not relieve the Parties from liability for violations of the terms of the Agreement that arose during its validity.
13. Confidential information
13.1. The partner and user (client) undertakes to keep secret and consider confidential information about the commercial terms of the Agreement (including the cost of the Services), technical features of the Service and its functionality, as well as other information transferred to “Y.E.S.” Partner, user (client), and designated “Y.E.S.” as confidential information (“Confidential Information”), and not disclose, disclose, publish or otherwise make such information available to any third party without the prior written permission of “Y.E.S.”
13.2. The obligation to maintain confidentiality of Confidential Information comes into force from the moment the Agreement is concluded and remains in force for 3 (Three) years from the date of expiration of the Agreement or its termination for any reason.
13.3. The parties agreed that “Y.E.S.” has the right to disclose to third parties any information (including information about the Partner, user (client), as well as Information received from the Partner, user (client) as part of the Parties’ fulfillment of their obligations under the Agreement.
14. Details « Y.E.S. »
- Full name of the company: Limited Liability Company “TRANSFER”
- Short name: LLC “TRANSFER”