Public Offer

1. General Provisions

This Public Offer contains the terms for concluding an Agreement for information and advisory services (hereinafter referred to as the "Agreement for information and advisory services" and/or "Offer", "Agreement"). This offer is deemed to be a proposal addressed to one or several specific persons, which is sufficiently definite and expresses the intention of the person who made the proposal to consider themselves as having concluded the Agreement with the addressee who accepts the proposal.

Performance of the actions specified in this Offer constitutes confirmation of the consent of both Parties to conclude the Agreement for information and advisory services on the terms, in the manner, and to the extent set out in this Offer.

The text of the Public Offer set out below is the official public proposal of the Provider, addressed to an interested group of persons to conclude an Agreement for information and advisory services in accordance with the provisions of paragraph 2 of Article 437 of the Civil Code of the Russian Federation.

The Agreement for information and advisory services is deemed concluded and takes effect from the moment the Parties perform the actions provided for in this Offer, which signify the unconditional and full acceptance of all the terms of this Offer without any exceptions or limitations, on terms of accession.

Terms and definitions:

• Agreement – the text of this Offer together with the Annexes that are an integral part of this Offer, accepted by the Customer by performing the implied (conclusive) actions provided for in this Offer.
• Implied (conclusive) actions — conduct that expresses agreement with the counterparty's proposal to conclude, amend, or terminate an agreement. Such actions consist of the full or partial performance of the terms proposed by the counterparty.
• The Provider's website on the "Internet" – a set of computer programs and other information contained in an information system, access to which is provided via the "Internet" by the domain name and network address: holaesp.com
• Parties to the Agreement (the Parties) – the Provider and the Customer.
• Service – information and advisory services provided by the Provider to the Customer in the manner and on the terms established by this Offer.

2. Subject of the Agreement

2.1. The Provider undertakes to provide the Customer with information and advisory services, and the Customer undertakes to pay for them in the amount, manner, and within the time periods established by this Agreement.

2.2. The name, quantity, procedure, and other terms for the provision of the Services are determined on the basis of the Provider's information when the Customer places an order, or are established on the Provider's website on the "Internet": holaesp.com

2.3. The Provider provides services under this Agreement personally or by engaging third parties; in doing so, the Provider is liable to the Customer for the actions of third parties as for its own.

2.4. Acceptance of this Offer is expressed by performing implied (conclusive) actions, in particular:

• actions related to registering an account on the Provider's website on the "Internet", where account registration is required;
• by composing and completing an order request for the provision of the Services;
• by communicating the information required to conclude the Agreement by telephone or email specified on the Provider's website on the "Internet", including during a callback by the Provider in response to the Customer's request;
• by the Customer's payment for the Services.

This list is not exhaustive; there may be other actions that clearly express a person's intention to accept the counterparty's proposal.

3. Rights and Obligations of the Parties

3.1. The Provider is obliged to:

3.1.1. In fulfillment of the Customer's request:

• analyze the information, documents, and other materials provided by the Customer;
• answer the Customer's questions based on the documents reviewed and the information received from the Customer;
• describe potential risks and provide a forecast of how the situation may develop;
• if necessary, prepare draft documents.

3.1.2. Provide the information and advisory services within the time periods and in accordance with the terms of this Agreement, and with proper quality.

3.2. The Customer is obliged to:

3.2.1. Provide the Provider with the documentation and information necessary for the latter to perform its undertaken obligations.

3.2.2. Render all possible assistance to the Provider in the performance of the latter's obligations under this Agreement.

3.2.3. Pay the cost of the Provider's services in a timely manner in accordance with the terms of this Offer.

3.3. The Provider has the right to:

3.3.1. Receive from the Customer documents, clarifications, and additional information relating to the matter of consultation and necessary for the quality provision of the services.

3.4. The Customer has the right to:

3.4.1. Monitor the progress of the provision of services without interfering in the Provider's activities.

3.4.2. Refuse to perform this Agreement, provided that the Provider is paid for the expenses actually incurred by it.

3.4.3. The Customer warrants that all terms of the Agreement are clear to them; the Customer accepts the terms without reservations and in full.

4. Price and Payment Procedure

4.1. The cost as well as the procedure for the provision of information and advisory services are determined on the basis of the Provider's information when the Customer places an order, or are established on the Provider's website on the "Internet": holaesp.com

4.2. All settlements under the Agreement are made by non-cash payment.

5. Proper Provision of Services

5.1. The Provider's refund of funds for services not provided (provided with inadequate quality, not provided in full, or provided in breach of the deadlines) under this Offer is carried out on the grounds and in accordance with the requirements of the Law of the Russian Federation of February 7, 1992 No. 2300-1 "On Protection of Consumer Rights", other legal acts adopted in accordance with it, the requirements of the Civil Code of the Russian Federation, and other applicable regulatory legal acts of the Russian Federation.

5.2. A refund of funds for services not provided (or provided with inadequate quality) under this Offer is carried out on the basis of the Customer's demand (claim) in the manner and within the time periods established by the legislation of the Russian Federation. Compliance with the claims procedure is mandatory; the deadline for responding to a claim is 10 business days.

6. Confidentiality and Security

6.1. In implementing this Agreement, the Parties ensure the confidentiality and security of personal data in accordance with the current version of Federal Law No. 152-FZ of July 27, 2006 "On Personal Data" and Federal Law No. 149-FZ of July 27, 2006 "On Information, Information Technologies and the Protection of Information".

6.2. The Parties undertake to maintain the confidentiality of information obtained in the course of performing this Agreement and to take all possible measures to protect the obtained information from disclosure.

6.3. Confidential information means any information transferred by the Customer and the Provider in the course of implementing the Agreement and subject to protection; exceptions are specified below.

6.4. Such information may be contained in local regulations, agreements, letters, reports, analytical materials, research results, diagrams, charts, specifications, and other documents provided by the Provider, prepared on either paper or electronic media.

7. Force Majeure

7.1. The Parties are released from liability for failure to perform or improper performance of obligations under the Agreement if proper performance became impossible due to force majeure, that is, extraordinary circumstances that are unavoidable under the given conditions, which include: prohibitive actions of the authorities, epidemics, blockade, embargo, earthquakes, floods, fires, or other natural disasters.

7.2. Upon the occurrence of these circumstances, a Party is obliged to notify the other Party within 30 (thirty) business days.

7.3. A document issued by an authorized state body constitutes sufficient confirmation of the existence and duration of the force majeure event.

7.4. If the force majeure circumstances continue for more than 60 (sixty) business days, then each Party has the right to unilaterally withdraw from this Agreement.

8. Liability of the Parties

8.1. In the event of failure to perform and/or improper performance of their obligations under the Agreement, the Parties bear liability in accordance with the terms of this Offer.

8.2. A Party that has failed to perform or has improperly performed its obligations under the Agreement is obliged to compensate the other Party for the losses caused by such breaches.

9. Term of this Offer

9.1. The Offer takes effect from the moment it is posted on the Provider's website and remains in force until it is withdrawn by the Provider.

9.2. The Provider reserves the right to amend the terms of the Offer and/or withdraw the Offer at any time at its discretion. Information about the amendment or withdrawal of the Offer is communicated to the Customer, at the Provider's choice, by posting on the Provider's website on the "Internet", in the Customer's Personal Account, or by sending a corresponding notice to the email or postal address specified by the Customer when concluding the Agreement or in the course of its performance.

9.3. The Agreement takes effect from the moment the Customer Accepts the terms of this Offer and remains in force until the Parties have fully performed their obligations under the Agreement.

9.4. Amendments made by the Provider to the Agreement and published on the website in the form of an updated Offer are deemed accepted by the Customer in full.

10. Additional Provisions

10.1. The Agreement, its conclusion, and its performance are governed by the current legislation of the Russian Federation. All matters not regulated by this Offer or regulated incompletely are governed in accordance with the substantive law of the Russian Federation.

10.2. In the event of a dispute that may arise between the Parties in the course of performing their obligations under the Agreement concluded on the terms of this Offer, the Parties are obliged to settle the dispute amicably before commencing legal proceedings. Legal proceedings are conducted in accordance with the legislation of the Russian Federation. Disputes or disagreements on which the Parties have not reached agreement are subject to resolution in accordance with the legislation of the Russian Federation. The pre-trial dispute resolution procedure is mandatory.

10.3. As the language of the Agreement concluded on the terms of this Offer, as well as the language used in any interaction between the Parties (including conducting correspondence, submitting demands / notices / clarifications, providing documents, etc.), the Parties have designated the Russian language.

10.4. All documents to be provided in accordance with the terms of this Offer must be drawn up in Russian or have a translation into Russian certified in the established manner.

10.5. Inaction by one of the Parties in the event of a breach of the terms of this Offer does not deprive the interested Party of the right to defend its interests later, nor does it mean a waiver of its rights should one of the Parties commit similar or comparable breaches in the future.

10.6. If the Provider's website on the "Internet" contains links to other websites and third-party materials, such links are placed solely for informational purposes, and the Provider has no control over the content of such sites or materials. The Provider is not liable for any losses or damage that may arise as a result of using such links.

11. Provider's Details

Contact phone: +7 903 644-26-74
Contact e-mail: [email protected]