Public offer

(on entering into a contract for the provision of photo and video recording services) 

Russian Federation, Moscow 01 July 202.33 г. 

 This document is a proposal of the Self-employed Entrepreneur Vitaly Aleksandrovich Rustanovich (hereinafter referred to as the Contractor) addressed to any individual to conclude a contract for the provision of services provided for in this offer.  

 In accordance with Article 437,438 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), if the offer is accepted, the contract is considered concluded on the terms specified in it.  

  1. TERMS AND DEFINITIONS 

For the purposes of implementing this document, the following terms and definitions are used in the following meanings: 

1.1 Offer – a public offer of V.A. Rustanovich to conclude a contract, addressed to individuals, containing all essential conditions and posted on the Contractor’s Website, available for review and subsequent acceptance by the Customer on the terms stipulated in the Offer.  

1.2 Acceptance of the Offer – the Customer’s full and unconditional acceptance of the terms of the Offer by performing the actions specified in Section 3. 

1.3 Contract – a contract between the contractor and the customer for the provision of a service, which is concluded by accepting the Offer and contains all the conditions included in this Offer. 

1.4 Customer – a legally capable individual who has accepted the offer in order to receive the service under the Agreement

1.5 Performer -Vitaly A. Rustanovich

1.6 Contractor’s website – the Contractor’s web page available on the Internet at: https://rustanovich.comrustanovich.com/ 

1.77 Parties-collectively referred to as the Contractor and the Customer

1.88 Service – a service provided by the contractor to create a creative work or a package of creative works in accordance with the request of the Customer. 

1.99 Request – information required for the provision Исполнителем of services by the Contractor, entered by the Customer in the appropriate form on the website of theContractor or provided by the Customer in writing to the Contractor’s E-mail address, or via available instant messengers at the phone number specified in Section 9 of this Offer. 

1.1010 Creative work – a photo or video created by the Performer (Author). 

1.1111 Пакет Creative works package – a certain number of photos or videos according to the selected tariff plan. 

  1. A photo or video clip is a digital visual image in a specific format. 
  2.  Author – an individual whose creative work will create the work. 

1.14 Copyright in photo and video materials-the creation, exercise and protection of copyright in photo and video materials does not require registration of the work or compliance with any other formalities. 

  1.  Reportage shooting – shooting in which the author captures the natural course of events and actors, without trying to influence them. 
  2.  Art photography is staged photography that reflects the creative vision of the Author as an artist who uses photography as a means of creative expression.
  3.  Color correction – making changes to the color of the original photo to improve the image or as a creative technique. 
  4.  Cosmetic retouching – elimination of defects in photos, artistic processing of the image in order to improve it. Such retouching allows you to improve the texture of the skin, the shape of objects in the photo, add volume, depth, and create an atmosphere, if, in the Author’s opinion, this is not enough in the photo. 

1.19 Event – any event where shooting is performed. 

1.2020 Tariff plan – a package of creative works selected by the Customer. 

1.2121 File-sharing site – a site or cloud diskto which files with photos and videos are uploaded for storage and subsequent downloading by the Customer. 

  1. SUBJECT OF THE OFFER 

2.1. The Contractor, on the Customer’s request, undertakes to provide the Service in accordance with the completed Application, and the Customer undertakes to pay for the Service provided by the Contractor, in accordance with the selected tariff planpublished on the Contractor’s website in the relevant section “Terms”. 

2.2. The result of the Service provided is the transfer of a creative work (a package of creative works) using a file-sharing site or cloud storage in the amount determined by the Customer’s Request. 

2.3. Acceptance of the Offer is considered completed and the Contract is concluded when the Customer makes an advance payment (partial or full payment) for the service in accordance with the terms of Section 3. 

  1. SERVICE COST AND PAYMENT PROCEDURE
  1. Information about the cost of services is available on the Contractor’s website inthe “Terms and Conditions”section.
  2. The service is provided by the Contractor on the terms of partial advance payment, from the total cost of the service. The prepayment amount is agreed between the Customer and the Contractor through negotiations, on an individual basis, but not less than 20% of the total cost of services.
  3. Tariffs, as well as time-limited special offers at the price indicated on the Site, can be changed by the Contractor unilaterally.
  4. Payment for Services is made in any of the following waysв and is made in rubles of the Russian Federation.

* payment by electronic means;

* payment via payment terminals or Internet banking;

* payment to the Contractor’s current account;

• by other means upon prior agreement with the Contractor.

In case of making a payment using a bank card, the Customer is recommended to use a bank card issued in the Customer’s name. In case of refund of the paid funds, the refund is made using the same banking details that were used to receive the payment, and based on the personal application of the person in whose name the bank card was issued.

  1. All creative materials created as part of the order execution are transferred to the Customer in full after processing, subject to 100% payment of the order.
  2. The Customer is responsible for the correctness of payments made. 
  3. The Contractor is not responsible for the Service not rendered or the order not transferred to the Customer, if there is no corresponding advance payment.
  4. Refund of advance payment is made in accordance with the current legislation of the Russian Federation, as well as in accordance with the conditions set out on the Contractor’s website in the “Terms” section. 
  5. Refund of funds for booking a studio is carried out according to the rules of the booked studio. 
  1. PROCEDURE AND TERMS OF SERVICE PROVISION

4.1 The service can be provided only in relation to the event (s) specified in the application, which is attended by the Contractor and the object (s) of the order. 

4.2 Provision of the Service is possible if the order is received from the Customer before the event (event), in the application form containing all the necessary information (service category, type of service, typology of the place of service provision, geographical location of the shooting location, duration of shooting in hours, date of shooting, as well as the need for additional services), and as well as the Customer’s compliance with the terms of Section 3 of this Offer. The accepted order is an integral part of the Contract. 

4.3 The Contractor processes the ordered photos and / or videos during the time period specified in the terms of the selected service plan, and then transmits them to the Customer in electronic form by providing a link to download a package of creative works from a file-sharing site or cloud disk. The order fulfillment period depends on the selected rate and the event dates. 

4.4 The Contractor stores creative material on physical disks and the file-sharing site for at least 30 calendar days from the date of delivery of the completed order to the Customer for possible recovery in case of loss of its copy by the Customer. 

4.5 The Contractor does not transmit to the Customer raw (original) photo or video materials without a logo, unless the Customer has previously initiated and agreed in writing other conditions with the Contractor. 

  1. RIGHTS AND OBLIGATIONS OF THE PARTIES 

5.1. The Customer undertakes to: 

5.1.1. Provide the Contractor with all necessary and reliable information about the order and its volume, including additional information, if required. 

5.1.2. Provide the Performer with appropriate access and the opportunity to fulfill their obligations when shooting closed locations and / or events, without interference and any obstacles on the part of guests, organizers and other persons involved in one way or another during the event. Otherwise, the Artist is not responsible for the proper quality of the creative material. 

5.1.3 In order to conduct an art shoot in a studio or other location, the Customer must arrive at the designated location no later than 15 minutes before the start of the photo session. 

5.2. The Customer is entitled to: 

5.2.1. Require the Service to be rendered in an appropriate quality and within the time limits set by the Agreement. 

5.2.2. Receive information about the progress of the service. 

5.2.3. Publish purchased creative works indefinitely, including in electronic and print media and social networks.  

5.2.4. Impose a ban on the publication of creative works obtained as a result of providing the Service. To do thisзаполняется и , an additional confidentiality agreement is filled in and signed, and the, Customer makes an additional payment in the amount, согласно документально specified in the individual terms and conditions. 

5.3. The Contractor undertakes to: 

5.3.1. Provide Services in an appropriate quality: 

  • the presence of blurred elements or noise in the photo/video is not a defect. 
  • the presence of third parties in the photo/video for reportage shooting is not considered a marriage. 
  • the choice of composition when placing objects in the frame is the Artist’s creative vision and cannot be considered a marriage. 
  • the client’s subjective assessment of his image based on the received creative works is not a subject of discussion and is the basis for making complaints about the quality of the Service provided (categories of judgments — “I don’t like myself”, “I’m not beautifulаяhere”, etc.).

5.3.2. Transfer to the Customer the results of the Service rendered in accordance with the procedure and terms established by Section 4 of this Offer. 

5.3.3. Provide the necessary and reliable information on the progress of the Service at the request of the Customer. 

5.4. The Contractor may: 

5.4.1. Not to start rendering the Service, as well as to suspend the provision of the Service in cases of violation by the Customer of its obligations, including failure to provide information and/or failure to comply with the terms and procedure of payment.  

5.4.2. Involve third parties to provide the Service. The Contractor is responsible for the quality of the Service provided. 

5.4.3. Increase the processing time for creative works due to objective reasons (the scale of the event and the large volume of orders, illness, equipment failure, etc.), notifying the Customer about this.

5.4.4. Use the received works in your portfolio, exhibitions, on the website, in social networks and advertising your services on any media, if the condition of clause 5 is not met.2.4. 

5.4.5. Transfer the received works to third parties involved in the preparatory and filming processes for the use of photos in their portfolios, if the condition of clause 5 is not met.2.4. 

5.4.6. The Иexecutor retains the inalienable copyright and property rights to creative works. 

  1. LIABILITY OF THE PARTIES

6.1. In case of non-performance or improper performance of their obligations under the Agreement, the Parties are liable in accordance with the current legislation of the Russian Federation. 

6.2. The Parties are released from liability in case of force majeure. The party that has such circumstances must notify the other party in writing of such circumstances within a reasonable time and in an accessible manner в письменном виде.  

  1. DISPUTE RESOLUTION PROCEDURE 

7.1. All disputes and disagreements arising out of or in connection with the Agreement are resolved by the parties through negotiations. 

7.2. If the parties fail to reach a mutual agreement, disputes and disagreements are resolved in court in accordance with the Legislation of the Russian Federation.  

  1. VALIDITY PERIOD AND MODIFICATION OF THE TERMS OF THE OFFER  

8.1. The Offer comes into force on July 01, 202.33 and is valid until the Contractor withdraws the Offer. 

8.2. The Contractor reserves the right to make changes to the terms of the Offer or withdraw the Offer at any time at its sole discretion. 

  1. CONTRACTOR’S BANKING DETAILS

Name: self-employed entrepreneur Vitaly A. Rustanovich 

Location:66, Россия, г. Москва16/114 Sokolovo-Meshcherskaya str., sq. 97, Moscow, 1254 66, Russia 

TIN: 772804934343 

Bank details:

Recipient’s bank account получателя: 40817810223004002475

Name of the Recipient’s Bank: Branch # 7701 of VTB Bank (PJSC)

Recipient’s Bank BIC: 044525745

Recipient’s Bank TIN: 7702070139

Recipient’s Bank checkpoint: 770943003

Payment address of the recipient’s Bank: 30101810345250000745

phone: +7(985) 7605610 

E-mail: roustanovitch@gmail.com 

Working hours: seven days a week