Public Offer for the VIP Status Service (Balm)
What changed in this revision
First version of the Public Offer for the paid VIP Status service.
1. General Provisions
This translation is provided for convenience only. The legally binding original is the Russian text available at https://balm.rentals/ru/oferta; in case of any discrepancy, the Russian version prevails.
1.1. This document is a public offer within the meaning of clause 2 of Article 437 of the Civil Code of the Russian Federation – an official proposal by Individual Entrepreneur Sergei Nikolaevich Vikhliaev (the "Provider") to any legally capable person registered in the Balm service (the "Customer") to enter into a contract for paid services on the terms set out below.
1.2. Payment of the selected Tariff by the Customer constitutes acceptance of this offer (clause 3 of Article 438 of the Civil Code of the Russian Federation). Acceptance means full and unconditional agreement to all terms of the offer. The contract is deemed concluded at the moment the payment is confirmed by the bank (credit institution) processing it.
1.3. The offer is published at https://balm.rentals/ru/oferta. Archive of revisions: https://balm.rentals/ru/oferta/versions.
1.4. Use of the Service is also governed by the User Agreement (https://balm.rentals/en/license) and the Privacy Policy (https://balm.rentals/en/privacy). This offer applies to the paid VIP Status service.
2. Definitions
2.1. Service (Balm) – the Provider’s software complex: the balm.rentals website and the Balm mobile applications for iOS and Android, intended for publishing listings for the rental of vehicles and real estate.
2.2. Account – the Customer’s user account in the Service.
2.3. Vertical – a section of the Service: "Transport" or "Real Estate".
2.4. VIP Status – a paid service that grants the Customer’s Account, in the selected Vertical (or both Verticals where the Tariff so provides) and for the duration of the Tariff: (a) an increased limit of simultaneously published listings, up to the value shown in the Service interface; (b) visual highlighting of the Customer’s listings in the Service (lists, map, listing page and other surfaces of the Service).
2.5. Tariff – the set of terms on which the service is provided: the Vertical(s), duration in months, price and, where applicable, the amount and validity period of a discount. Current Tariffs are displayed on the VIP Status purchase screen in the Service.
3. Subject of the Contract
3.1. The Provider undertakes to grant the Customer VIP Status in accordance with the selected Tariff, and the Customer undertakes to pay for the service.
3.2. The service is provided electronically, remotely and continuously throughout the duration of the Tariff. No separate acceptance certificates are drawn up; the service is deemed duly rendered unless the Customer submits a reasoned claim to the Provider during the validity period of the VIP Status.
3.3. VIP Status is not a third-party advertising service and does not guarantee any number of views or enquiries, nor the conclusion of rental deals by the Customer.
4. Price and Payment
4.1. The price of the service is determined by the Tariff in force and displayed on the VIP Status purchase screen at the moment of payment. If the Tariff provides for a discount, it applies where its validity period has not expired at the moment of payment.
4.2. Payment is made as a one-time advance payment in Russian roubles via the internet acquiring service of T-Bank JSC (bank cards, the Faster Payments System (SBP) and other methods available in the payment form). The service is not a subscription: there are no automatic charges and no automatic renewal.
4.3. A fiscal receipt, as required by Federal Law No. 54-FZ of 22 May 2003, is sent to the e-mail address and/or phone number specified in the Customer’s Account.
4.4. The Customer’s payment obligation is deemed fulfilled at the moment the payment is confirmed by the bank.
5. Provision of the Service
5.1. VIP Status is activated automatically once the payment is confirmed. Its validity period starts at the moment of activation and lasts for the number of months provided for by the Tariff.
5.2. Information about the active VIP Status and its expiry date is displayed in the Customer’s Account.
5.3. Upon expiry, VIP Status terminates automatically and the listing limit reverts to the base value. Listings published in excess of the base limit may be moved to draft status in accordance with the rules of the Service.
5.4. An Account and Internet access are required to receive the service. Technical requirements for the device and application version are determined by the Service.
6. Cancellation and Refunds
6.1. The Customer may cancel the service at any time (Article 32 of the Law of the Russian Federation "On the Protection of Consumer Rights") by sending a request to the Provider’s e-mail address iosnick-ip@yandex.ru from the e-mail address linked to the Account, indicating the payment details.
6.2. Upon cancellation, the Customer is refunded the amount paid in proportion to the remaining (unused) validity period of the VIP Status, less the expenses actually incurred by the Provider in connection with the performance of the contract, including the payment and refund processing fees withheld by the credit institution (the internet acquiring service).
6.3. The refund is made using the same payment method as the original payment, within 10 (ten) days of receipt of the request.
6.4. If the Account is blocked for a breach of the User Agreement (the rules of the Service), provision of the service ceases. In that case the Provider withholds the cost of the period during which the service was actually provided (in proportion to the time from activation of the VIP Status until the blocking) and the documented expenses incurred in connection with the performance of the contract (including acquiring fees); the remainder of the amount paid is refunded to the Customer in accordance with clause 6.3.
7. Rights and Obligations of the Parties
7.1. The Provider may change the composition of the visual highlighting and other non-price characteristics of the VIP Status, provided this does not materially worsen the Customer’s position during the paid period.
7.2. The Provider may suspend the operation of the Service for maintenance. Cumulative unavailability of the Service for more than 24 consecutive hours attributable to the Provider extends the validity period of the VIP Status by the duration of the unavailability.
7.3. The Customer undertakes to comply with the User Agreement and the moderation rules. VIP Status does not exempt the Customer’s listings from moderation and does not guarantee their publication if they violate the rules of the Service.
7.4. The Customer is solely responsible for the accuracy of the Account data and for keeping access to the Account secure.
8. Liability
8.1. The parties are liable in accordance with the legislation of the Russian Federation.
8.2. The Provider is not liable for inability to provide the service for reasons beyond its control (actions of banks, payment systems, telecom operators, app stores, force majeure). Performance deadlines are extended for the duration of such circumstances.
8.3. The Provider’s aggregate liability under the contract is limited to the amount paid by the Customer under the relevant Tariff.
9. Personal Data
9.1. The Customer’s personal data is processed in accordance with the Privacy Policy (https://balm.rentals/en/privacy) and Federal Law No. 152-FZ of 27 July 2006 "On Personal Data".
10. Amendments to the Offer. Miscellaneous
10.1. The Provider may amend the offer. A new revision takes effect from the date indicated upon its publication on the website and applies to contracts concluded after that date. Contracts concluded earlier remain governed by the revision in force at the moment of acceptance.
10.2. Claims shall be sent to the Provider’s e-mail address iosnick-ip@yandex.ru; the response period is 10 (ten) days from receipt.
10.3. The relations between the parties are governed by the law of the Russian Federation.
10.4. The invalidity of any individual provision of the offer does not entail the invalidity of the remaining provisions.
11. Provider Details
Individual Entrepreneur Sergei Nikolaevich Vikhliaev
Taxpayer ID (INN): 682004283576
State Registration Number (OGRNIP): 323680000023219
E-mail: iosnick-ip@yandex.ru
Phone: +7 953 707-90-30