PUBLIC OFFER
1. General Provisions
Individual Entrepreneur Ivan Vyacheslavovich Safronov (OGRN 309 774 601 300 386, TIN 771 977 073 137) (hereinafter referred to as the Contractor) offers to enter into a contract for the provision of services on the terms set forth below. Acceptance of the offer means the conclusion of a contract between the parties (clause 1, Article 433 of the Civil Code of the Russian Federation). According to Article 437 of the Civil Code of the Russian Federation, upon acceptance of the terms and payment for services, a legal entity or individual becomes the Customer.
2. Terms and Definitions
2.1. Acceptance of Offer — complete acceptance of the offer terms by the Customer. Acceptance creates a contract.
2.2. Customer — the person who has accepted the offer and become the Customer of the Contractor's services.
2.3. Contract — a contract for the provision of photo and video shooting services, concluded through acceptance of the offer.
2.4. Website — an internet resource with full information about the subject of the contract, located at safronoviv.com
2.5. Photograph — a visual image obtained as a result of photography.
2.6. Application — the Customer's application to conclude a contract, containing information about the selected services.
2.7. Service Packages — typical conditions for order fulfillment, differing in scope, quantity, cost, and type of services. The description of packages is specified on the website or agreed upon by the parties separately.
3. Subject of the Contract
3.1. The Contractor undertakes, upon the Customer's order, to provide the following services:
- conduct photography and/or videography;
- create works (photographs, video materials);
- provide photo processing services (retouching, color correction, etc.);
- provide photo printing services;
- assist in the use of photographs in printed materials;
- provide services for publishing photographs in magazines worldwide;
- provide social media promotion services.
The Contractor has the right to provide any of the specified services, engage third parties to fulfill obligations, and provide services not specified in this contract, provided they are agreed upon in the Customer's application.
3.2. The Customer undertakes to pay the Contractor remuneration in the amount specified on the Contractor's website or agreed upon separately by the parties.
3.3. The results of photo and video shooting belong to the Contractor. The Contractor holds copyright, exclusive, and personal non-property rights to the filmed material.
3.4. The Customer consents to the use and publication of their images and images of their minor children (hereinafter referred to as Images), obtained as part of fulfilling the order. The Contractor has the right to publish and distribute photographs with the Customer's image without compensation to the Customer for the purpose of advertising and promoting their services on social networks, their website, and other online platforms, make the Works with the Customer's image publicly available at contests and exhibitions, and transfer these rights to third parties. The right to use the Customer's images is granted to the Photographer for an unlimited period and is valid in an unlimited territory.
4. Order Processing Procedure
4.1. The Customer forms a request by:
- Making a phone call;
- Sending an email to the Executive;
- Placing an order via the website;
- Contacting through any messenger.
4.2. Based on the received request, the Executive issues an invoice (receipt) for payment of the selected services to the Customer, indicating the deadlines for execution in electronic form.
5. Payment Procedure for Services
5.1. The Executive begins performing the order after receiving 100% advance payment, unless otherwise agreed upon by the parties during communication and correspondence.
5.2. The advance payment is not refunded if the Customer refuses the shoot 7 days before the agreed date or later.
5.3. In case of late payment for completed Services, the Customer pays the Executive a penalty of 0,1% per day for each day of delay.
6. Order Execution Procedure
6.1. Shooting is carried out in accordance with the Customer's request on the date and time agreed between the Customer and the Executive, as well as at the agreed shooting location (place).
6.2. The Executive offers the Customer locations for shooting, assists in selecting outfits, develops the shooting concept, and provides the Customer with references. The final decision regarding the choice of location, outfits, and concept is made by the Customer.
6.3. The choice of equipment, methods, and shooting techniques is the exclusive prerogative of the Executive. Processing the captured material, including rejection, correction, cropping, and application of artistic effects, is the Executive's creative process.
6.4. When providing other services (except for photo and video shooting), materials and data provided by the Customer or materials obtained during photo or video shooting are used. All services are предварительно предварительно agreed upon with the Customer.
6.5. In case the Customer has claims regarding the quality, completeness, or quantity of the delivered Works, the Customer shall send a reasoned refusal to accept the works to the Photographer within 2 (two) calendar days from the moment of their receipt. In the absence of a written reasoned refusal, the Photographer's obligations are considered fully and properly fulfilled.
7. Transfer of Work Results
7.1. The created works are transferred by the Contractor to the Customer within the deadlines specified on the website or agreed upon additionally.
7.2. The delivery of finished photographs and video materials is carried out by sending the Customer a link to the materials. Photographs are transferred in JPEG format. The original video materials and RAW files remain with the Contractor and are not subject to transfer, except in cases provided for by a separate agreement with the Customer.
7.3. Photographs and video materials are stored by the Contractor for a certain period. During this period, the Customer is obliged to accept the results of the work and ensure their preservation on their device.
7.4. The deadlines for the transfer of printed materials depend on the deadlines for providing the source materials, technical specifications for processing, as well as the Customer's remoteness (delivery time may be extended).
7.5. The scope and timing of promotion on social networks are determined in accordance with the task agreed upon by the parties.
8. Rights and Obligations of the Parties
8.1. The Contractor has the right to unilaterally change the terms of the offer at any time, provided that the changed conditions are published on the Internet resource at least one day before their implementation.
8.2. The Customer grants the Contractor the right to post the materials created under the contract for the purpose of advertising the Customer's services, without contradicting current legislation of the Russian Federation. Materials transferred to the Contractor by the Customer are used in accordance with the terms of the contract. In other cases, the provision specified in subparagraph 3.3 applies.
8.3. The Contractor is not responsible for violation of the terms of the contract if such violation is caused by force majeure circumstances, including actions of state authorities, natural disasters, power outages, and other circumstances beyond the Contractor's control.
8.4. The Contractor grants the Customer the rights to use the recorded material on the terms of a simple (non-exclusive) license, namely: the right to reproduce and publicly display the works for non-commercial purposes, including on the Internet.
8.5. The Customer is responsible for the actions of their guests, family members, friends, and other persons participating in the photography and videography.
8.6. The Contractor is not responsible for the appearance of the Customer and other persons participating in photo and videography, that is, during the processing of the received materials, no changes are made to clothing style, hairstyle, makeup, manicure, and other components of appearance. The Contractor is also not responsible for the emotional state of the Customer during photo and videography, and, accordingly, for the emotional component of the received materials (lack of smiles in photos, etc.).
8.7. In case of the Customer's late arrival, the shooting duration is reduced by the time of the delay. Payment is made without reducing the price, and the number of photographs transmitted may be reduced in proportion to the shooting duration.
8.8. In case of the Customer's unilateral refusal of the Contractor's services, provided to the Contractor's email address no later than three days from the date of service provision (and), for reasons not recognized by the Contractor as valid, the Customer is obliged to pay 50% of the amount specified in the invoice (receipt).
9. Dispute Resolution
9.1. In case of disputes arising between the Contractor and the Customer, the parties will take all measures to resolve them through negotiations.
9.2. If disputes cannot be resolved through negotiations, they shall be resolved in court in accordance with the current legislation of the Russian Federation.
10. Personal Data and Confidentiality
10.1. The Customer consents to the Photographer's processing of personal data in accordance with Federal Law No. 152-FZ dated 27.07.2006 and the Photographer's Privacy Policy, namely the processing of the following personal data:
- First name, last name, patronymic;
- Email address;
- Phone number;
- Social media contacts;
- Images.
10.2. Personal data is processed for the following purposes:
- Identification of the party within the framework of this Offer;
- Provision of access to services;
- Communication with the Customer, sending them letters, notifications, inquiries, and informational messages;
- Settlements within the framework of this Offer.
10.3. The Customer has the right to refuse the processing of personal data and revoke the consents given in clauses 10.1 and 10.2 of this Offer by sending a corresponding message to the Photographer via email.
11. Entry into Force and Term of the Agreement
The Agreement comes into force from the moment of acceptance of the Offer and is valid until the fulfillment of the obligations by the Parties.
By making payment or advance payment, the Customer expresses their full and unconditional acceptance of the Offer terms (acceptance).
Contractor's Details:
Organization Name: Individual Entrepreneur Ivan Vyacheslavovich Safronov.
Phone:
+7 (495) 410-53-33.
Email: photo@safronoviv.ru (mailto: photo@safronoviv.ru)
Address:
105 203, Moscow, Pervomayskaya St., building 106, office 229.
INN:
771 977 073 137.
ОГРНИП:
309 774 601 300 386.