AGENCY AGREEMENT (PUBLIC OFFER)

"Monday", hereinafter referred to as the Agent, expresses its intention to enter into an agency agreement on the terms contained in this Public Offer with individuals, hereinafter referred to as the Principals.

1. Basic concepts

1.1. Agent - "FreeLancer" who is a party to this Agreement and provides services to the Principal in the manner and under the terms of this Agreement.

1.2. Acceptance of the Offer - full and unconditional acceptance of this Offer by the Principal in the manner provided for in clause 2.2. of this Offer.

1.3. Reserved amount - an amount of money corresponding to the amount paid by the Payer to the Agent as a security payment for the subsequent transfer of the specified amount of money (including proportionately reduced) to the Principal for the services provided to the Payer in accordance with the User Agreement.

1.4. Personal Account - a personal section of the Principal on the Site associated with an individual Account in which the Services provided on the Site are available.

1.5. Principal is a party to this Agreement (Contractor under the User Agreement), providing services through the Site, having made Acceptance in the manner established by this Public Offer, receiving the Payer’s funds for the services provided.

1.6. Public Offer - this document posted at https://freelancer.ru/agentskiy-dogovor (url where you can read this document).

1.7. Website is a website located on the Internet at https://freelancer.ru.

1.8. Services - functionality, services, services, tools available on the Site.

1.9. Payer - a person purchasing the Principal’s services on the Agent’s Website (Customer under the User Agreement).

2. Subject of the agreement

2.1. The Agent undertakes, on its own behalf and at the expense of the Principal, to accept funds from Payers for the Principal’s services and transfer them to the Principal, and the Principal undertakes to pay the Agent a remuneration in the amount and in the manner established by this Agreement. The Agent is an agent of the Principal only in terms of acceptance from the Payer and transfer of the Reserved amount to the Principal or return of the Reserved amount to the Payer in the cases, manner and under the conditions provided for by this Public Offer.

2.2. The Principal accepts this Offer by filling out the Registration Form or marking “read and agree to the terms of the offer” when filling out the details for the payment of funds in the Personal Account.

2.3. If the Principal does not agree with any provision of the Agreement and (or) appendices thereto, he must immediately stop using the Agent’s services.

3. Rights and obligations of the parties

3.1. The Agent undertakes:

3.1.1. Organize the interaction of Principals and Payers in accordance with the User Agreement for the purpose of purchasing, selling, and ordering services.

3.1.2. Ensure technical integrity of the website https://freelancer.ru and comply with the implementation of this agreement.

3.1.3. Receive funds from Payers for the Principal’s services.

3.1.4. Keep records of funds due to the Principal.

3.1.5. Transfer funds received from Payers in the manner established by Section 5 of this Agreement.

3.1.6. Provide the Principal with the Agent's reports in accordance with clause 4.2. actual agreement.

3.1.7. Maintain the confidentiality of personal data of Principals and Payers.

3.2. The Agent is obliged to carry out the actions provided for in clause 2.1 of the Public Offer properly and in a timely manner.

3.3. The Agent has the right to deviate from the Principal’s instructions if, under the circumstances of the case, this is necessary in the interests of the Principal and the Agent could not first request the Principal or did not receive a response to his request within 3 business days after sending it.

3. Rights and obligations of the parties

3.1. The Agent undertakes:

3.1.1. Organize the interaction of Principals and Payers in accordance with the User Agreement for the purpose of purchasing, selling, and ordering services.

3.1.2. Ensure technical integrity of the website https://freelancer.ru and comply with the implementation of this agreement.

3.1.3. Receive funds from Payers for the Principal’s services.

3.1.4. Keep records of funds due to the Principal.

3.1.5. Transfer funds received from Payers in the manner established by Section 5 of this Agreement.

3.1.6. Provide the Principal with the Agent's reports in accordance with clause 4.2. actual agreement.

3.1.7. Maintain the confidentiality of personal data of Principals and Payers.

3.2. The Agent is obliged to carry out the actions provided for in clause 2.1 of the Public Offer properly and in a timely manner.

3.3. The Agent has the right to deviate from the Principal’s instructions if, under the circumstances of the case, this is necessary in the interests of the Principal and the Agent could not first request the Principal or did not receive a response to his request within 3 business days after sending it.

3.4. The principal undertakes:

3.4.1. Timely and fully pay the Agent remuneration in the amount and manner established by this Public Offer.

3.4.2. Provide the Agent with all the necessary information to fulfill its obligations under this Agreement.

3.4.3. Provide the Agent with reliable information.

3.5. The Agent has the right to attract other persons - subagents - to accept payments from individuals (Payers) in order to fulfill the Principal’s instructions under this Agreement. The Subagent has the right to accept payments either on its own behalf or on behalf of the Agent. The Agent remains responsible for the actions of the subagent to the Principal.

3.6. The principal has the right:

3.6.1. Control the Agent’s actions performed under this Agreement through the Personal Account.

3.6.2. Receive reports from the Agent on the execution of the Principal’s instructions.

3.7. The Agent accepts payments from Payers provided that:

3.7.1. When making a payment, the Payer provided information that allows the Payer to be uniquely identified.

3.7.2. Payment is made in Russian rubles.

3.8. The reserved amount is received by the Agent solely in order to guarantee and ensure the transfer of payment for work (including proportionally reduced) to the Principal in cases provided for in the User Agreement.

3.9. For no other purposes other than those provided for in the User Agreement and the Public Offer, the Agent may not use the Reserved Amount, except in cases where this is expressly required from the Agent in accordance with applicable law, of which the Agent is obliged to notify the Principal and the Payer by email to the following addresses: specified in your Personal Account.

3.10. After payment of the Reserved Amount, funds are reserved in the Agent's account until they are paid to the Principal or returned to the Payer.

4. Agent's remuneration and Agent's report

4.1. The Principal pays the Agent a fee for executing the order in the amount of 1% of the funds paid by the Payers for the Principal’s services.

4.2. Once a month no later than the 10th, the Agent undertakes to provide the Principal with the Agent’s report. The report is posted in the Personal Account section of the Principal on the Site. If a report is not provided, the Service is rendered.

4.3. The report is not provided if the Agent did not pay the Principal any money in the corresponding month.

4.4. The Principal is obliged to review the report within 4 (four) working days from the moment it is posted in the Personal Account and, in case of any objections, notify the Agent about them in writing within the above period. Otherwise, the report is considered accepted and the Agent’s services are rendered in full. After approval of the report, claims for the reporting period will not be accepted.

4.5. The Agent withholds the due remuneration from the amount to be transferred to the Principal.

5. Payment procedure

5.1. All funds, except for the cases provided for in clauses 5.3, 5.11. The Public Offer received by the Agent for the execution of instructions under this Agreement made in the interests of the Principal, the Agent is obliged to transfer to the Principal to the Principal’s account.

5.2. The transfer of funds to the Principal is processed on the third business day after receiving an application for withdrawal of funds from the Executors.

5.3. The transfer of funds to the Principal is carried out no later than seven days after the work is considered accepted in accordance with paragraph 2 of the section “Rights and obligations of “Customers”” of the User Agreement.

5.4. When withdrawing monetary rewards, the payment system commission is withheld from the principal. The commission depends on the withdrawal method and is calculated individually depending on the chosen withdrawal method.

5.5. The Principal cannot claim to receive funds from the Agent if he has not fulfilled his obligations to the Payer by not completing the work or performing it not in accordance with the task, and the “Arbitration” has decided to return the funds to the Payer.

5.6. Funds received from Payers, minus the Agent's remuneration, are available for transfer to the Principal.

5.7. The principal is independently responsible for paying taxes in accordance with the tax laws of the country at his place of residence.

5.8. The Principal does not have the right to indicate the details of a third party for the Agent to transfer funds due to the Principal.

5.9. The Agent transfers funds exclusively to the ruble accounts of the Principal (payee).

5.10. The date of fulfillment of the Agent's obligation to transfer funds is the date of debiting funds from the Agent's current account.

5.11.The Principal undertakes to reimburse the Agent for amounts collected from the Agent by payment systems (credit institutions) for violation by the Principal of current legislation, rules of international payment systems, or committing fraudulent or illegal actions. The Agent has the right to deduct the said amounts from the amounts due to the Principal. If the funds received from the Payers are not sufficient to withhold the specified amounts, the Principal shall reimburse them within 5 (five) business days from the date of issuance of the Invoice. An invoice for payment is issued through your Personal Account.

5.12. If the recipient of the payment is a non-resident of the Russian Federation, the Agent reserves the right to withhold additional commissions/fees.

5.13. If the Principal indicated incorrect account details in the Personal Account or indicated a non-existent account, or due to similar or other reasons objectively beyond the Agent’s control, the transfer of the Reserved amount (including proportionately reduced) became impossible, the Agent sends a notification about this to the Principal through secure pages Site within three working days from the date of the first attempt to transfer the Reserved amount (including proportionately reduced). In this case, the Principal undertakes to provide the Agent with correct information, according to which it is possible to transfer the Reserved amount (including proportionately reduced) within 3 business days.

5.14. If, within the period provided for in clause 5.10 of the Public Offer, the correct information by which the transfer of the Reserved Amount (including proportionately reduced) was not provided to the Agent by the Principal, then the Agent has the right to return the Reserved Amount to the Payer. In this case, the Agent, through the software and hardware of the Site, sends to the Payer the available information about the Principal, who has the right to demand the transfer of the Reserved amount to him (including proportionately reduced), while the obligations assumed by the Agent under the User Agreement and this Public Offer are considered properly and fully fulfilled.

5.15. In the case of a refund to the Payer, the Agent’s commission is not imposed on the amount returned, that is, the amount is returned in full.

6. Responsibility of the parties

6.1. For non-fulfillment or improper fulfillment of obligations under this Agreement, the parties bear responsibility under current legislation.

6.2. The Agent is not liable to the Payer for the actions (inactions) of the Principal.

7. Force majeure

3.4.1. Timely and fully pay the Agent remuneration in the amount and manner established by this Public Offer.

3.4.2. Provide the Agent with all the necessary information to fulfill its obligations under this Agreement.

3.4.3. Provide the Agent with reliable information.

3.5. The Agent has the right to attract other persons - subagents - to accept payments from individuals (Payers) in order to fulfill the Principal’s instructions under this Agreement. The Subagent has the right to accept payments either on its own behalf or on behalf of the Agent. The Agent remains responsible for the actions of the subagent to the Principal.

8. Dispute resolution

8.1. The parties will strive to resolve all disputes and disagreements that may arise from this Agreement through negotiations. If these disputes cannot be resolved through negotiations, they are subject to referral to the court at the location of the Agent.

8.2. The parties undertake to comply with the pre-trial claims procedure before going to court. The period for responding to a received pre-trial claim is 30 (thirty) calendar days. A pre-trial claim must be sent in writing to the Agent’s location address.

9. Final provisions

9.1. This Agreement comes into force from the moment of acceptance of this Public Offer by the Principal and is valid until its termination in the manner prescribed by this Agreement.

9.2. The Agent has the right at any time to change this Agreement and all annexes to it (in whole or in part) unilaterally, without prior agreement with the Principal. All changes come into force on the next calendar day after they are posted on the Site.

9.3. The Principal undertakes to independently monitor changes to this Agreement and its annexes by periodically reviewing the current version, at least once a month. The Principal is independently responsible for any consequences that occur due to the fact that he has not familiarized himself with the current version of this Agreement and its annexes.

9.4. The Agent has the right at any time to unilaterally refuse to fulfill this Agreement (in whole or in part) by notifying the Principal about this through the Personal Account, by email or in another way no less than 20 days before the date of termination. In this case, the Agreement is considered terminated from the date specified in such notice.

9.5. The agent has the right to withdraw the offer in accordance with Art. 436 of the Civil Code of the Russian Federation. In the event of revocation of this Agreement by the Agent during its validity period, this Agreement is considered terminated from the moment of revocation. The review is carried out by posting the relevant information on the Site.

9.6.Termination of the Agreement is possible after repayment of debts that arose before the date of termination.