Appendix No. 3
to the User Agreement
1. This Agreement shall be a model Offer of the Contractor intended for the Customer. The Offer shall be accepted in the manner prescribed by this Offer. The Offer acceptance by the Customer shall be equal to entering into an agreement upon the terms and conditions set forth in this Offer.
1.1 This Agreement on the Fulfillment of Tasks (hereinafter the “Contract”) is entered into between the person being the Customer and the person being the Contractor that shall be jointly referred to as the “Parties” and individually as the “Party”.
2. Conditions for Entering into the Contract
2.1 The Contract shall be entered into between the Contractor and the Customer that may be individuals.
2.2 The Contract shall be entered into between the Contractor and the Customer that have an account on the Platform.
2.3 The Contractor and the Customer warrant that they have the legal status and capacity and have the right to enter into this Contract in accordance with applicable law and the Personal Law (but they must be at least 18 years old).
2.4 The Contractor and the Customer shall independently comply with the currency regulation and control laws and provide all documents and information required to do this to the relevant competent authorities and entities, the other Party and the Company.
2.5 The Company or Apple or Google shall not be a party to this Contract under any circumstances.
2.6 The means of payment under this Contract shall be Russian rubles.
3. Subject Matter
3.1 Under this Contract, the Contractor shall post the Funding with an invitation to fulfill the Funding Task on the Platform, specifying the Task Fulfillment Term, the Sum of the Funding for fulfilling the Task and the term for raising the Sum of the Funding.
The Author of the Funding shall have the obligation to fulfill the Funding Task when the Funding amount is received. In the event that the Author of the Funding receives an amount that is more than the Sum of the Funding required to fulfill the Funding Task, such amount will be regarded as the agreed Sum of the Funding for the fulfillment of the Task under this Contract.
3.2 The User shall accede to this Contract and become the Customer at the time the funds are transferred to the Connected Bank for the Author of the Funding to fulfill the Funding Task.
3.3 This agreement envisages that many Parties (Users) may be on the part of the Customer and that the Sum of the Funding may be divided into parts that are not equal for each Customer.
3.4 The result of the Funding Task shall be the fulfillment by the Contractor of the actions specified in the Funding Task (hereinafter the “Work”).
3.5 The Contractor shall perform the Work for the Customer upon the terms and conditions set forth in the Funding Task and hand over the Work result to the Customer, and the Customer shall accept the Work result and pay for it in accordance with the terms and conditions of this Contract.
3.6 A detailed description of the Work performed by the Contractor, its deadlines, cost and other relevant conditions shall be determined in the Funding as agreed upon by the Parties on the Platform pages in the manner prescribed by this Contract.
4.1 The Funding Task shall contain a description sufficient to fulfill it and other terms and conditions of the Funding that are material for the Customer.
4.2 The design and the provision of the Funding by the Contractor shall be effected using the technical aids of the Platform.
4.3 The Funding Task may not provide for the performance of any Work that is contrary to the legislation of the Russian Federation and the terms and conditions of the Agreement, in particular clause 2.2.2 of the Agreement and this Contract.
5. Work Terms and Conditions
5.1 The Contractor shall perform the Work in strict accordance with the Funding Task.
5.2 The Contractor shall have the right to independently determine the manner and the methods of performing the Work, unless otherwise specified in the Funding Task.
5.3 The quality of the Work performed shall comply with the terms and conditions of the Funding Task, and if there are no such terms and conditions, with the requirements that are usually set for the work or services of this kind.
5.4 The Work shall be performed within the time limits specified in the Task. The Contractor may perform and transfer the Work to the Customer early.
6. Work Transfer and Acceptance Procedure
6.1 The Contractor shall confirm the performance of the Work by posting the Funding Video Confirmation on the Platform. The posting of the Funding Video Confirmation in accordance with the Funding Task shall be equal to the Contractor’s handwritten signature.
6.2 After the Funding Video Confirmation is posted, the Customer shall have three (3) days to file a complaint about the Work with the Arbitration (if he/she believes that the Task is fulfilled with delay or the Work is not performed in accordance with the Task) pursuant to clause 6.3 of the Contract. If no complaint about the Work is filed to the Arbitration during this period, the Work shall be deemed to have been performed by the Contractor in full, properly and accepted without any comments; in this case, no additional confirmation of the Customer is required.
The transfer by the Customer of funds for the fulfillment of the Funding Task by the Author of the Funding shall be equal to the Customer’s handwritten signature.
6.3 The Customer shall have the right to refer his/her complaint to the Administration pursuant to the Procedure on the Determination of the Status of the Fulfillment of the Tasks within the Funding, the Status of the Victory in the Challenge and the Handling of Complaints of the Users. Payment of the Sum of the Funding shall be suspended until the Arbitration makes its award. The term of the Arbitration shall be up to 14 days.
7. Procedure of Settlement for the Performance of Work
7.1 Settlements between the parties shall be made through the Platform, less the Platform commission fee as specified in clause 3.4 of the Agreement.
7.2 Sum of the Funding Payment Procedure.
7.2.1 At the time the Funding is created, the Platform shall send the Author of the Funding a notice that he/she should enter his/her bank card details on the Connected Bank payment page in order to transfer the Sum of the Funding after the Work is successfully performed and the Funding is completed.
7.2.2 The Platform shall redirect the User to the Connected Bank payment page where the User shall specify his/her bank card details and issue an order for the transfer of funds to the Connected Bank for the Author of the Funding to fulfill the Funding Task, where such funds will be reserved until the Funding Video Confirmation is received from the Contractor. From the time the Connected Bank receives the funds, the User shall be assigned the status of the Customer in accordance with clause 3.1 of the Contract.
7.2.3 By confirming the transfer of funds to the Connected Bank, the Customer thereby confirms the payment of funds to the Contractor after the Funding Video Confirmation is posted, provided that no complaint is received by the Arbitration after three (3) days from the date of posting the Funding Video Confirmation.
7.2.4 The Customer understands that after the Funding Video Confirmation is posted and provided that no complaint is received by the Arbitration pursuant to clauses 6.2 to 6.3 of the Contract, the Work shall be deemed as performed by the Contractor, the Platform shall transfer the Customer’s order for the transfer of funds to the Contractor to the Connected Bank and such transfer shall be deemed as accepted by the Customer in full. At that:
22.214.171.124 In case the Funding is canceled after the debiting of funds, the debited funds will be repaid to the Customer.
126.96.36.199 In case the Funding is canceled as awarded by the Arbitration after the debiting of funds, the debited funds will be repaid to the Customer.
7.2.5 After the Work is performed by the Contractor and there is no Arbitration or after the Arbitration awards that the Work has been performed in full and properly, the Platform shall send the Customer’s order for the transfer of the funds reserved earlier from the Customer’s account to the Contractor’s account with the Connected Bank after five (5) days from the time the Funding Video Confirmation is posted, and the bank shall transfer the Sum of the Funding from the Customer to the Contractor. If the Arbitration makes a decision that the Work has not been performed properly, the Sum of the Funding shall not be transferred to the Contractor, and the funds paid shall be repaid to the Customer.
7.2.6 The Platform shall charge its commission fee pursuant to clause 3.4 of the Agreement.
8. Obligations to Pay Taxes, Levies and Other Charges
8.1 The Customer and the Contractor shall independently pay all necessary taxes, levies and charges payable in connection with this Contract in accordance with applicable law and independently bear the respective risks and liability in case of non-payment. The Company shall not be a tax agent under this Contract.
9. Copyright and Related Rights
9.1 In the event that the Funding Task provides for the performance of Work which results in the creation of an intellectual property item (an intellectual deliverable and/or a means of individualization), the Contractor shall retain the exclusive rights, unless otherwise agreed upon by the Parties.
9.2 In other cases, any issues related to the rights to the intellectual deliverables and/or means of individualization will be governed by the current legislation of the Russian Federation, including Part 4 of the Civil Code of the Russian Federation.
10. Liability of the Parties
10.1 The Parties shall be liable for failure to fulfill or improper fulfillment of the obligations under the Contract in accordance with the current legislation of the Russian Federation (applicable law).
11. Entry into, Amendment and Termination of the Contract
11.1 The Contract shall be entered into by the Customer’s acceptance of the Contractor’s proposal pursuant to clause 3.1 of this Contract.
11.2 Any acts related to the entry into, amendment, termination or performance of the Contract that are taken by the person using the account of the Contractor/Customer shall be deemed to have been taken, respectively, by the Contractor/Customer on their own behalf, as if they were taken by the Contractor/Customer personally, and shall be regarded by the Parties as equal to the handwritten signature of the Customer and the Contractor.
11.3 Neither of the Parties may unilaterally amend the terms and conditions of the Contract.
11.4 The Contract may be terminated only as agreed upon by all Parties and the Company. In case they intend to terminate the Contract, the Parties shall notify the Company thereof within a reasonable time through the technical aids of the Platform.
12. Applicable Law and Dispute Resolution
12.1 The Contract shall be governed by and construed in accordance with the substantive law of the Russian Federation without regard to its conflict of laws rules.
12.2 In the event of any disputes or disagreements related to the performance of the Contract, the Parties will make every effort to resolve them through negotiations.
12.3 If the arisen dispute and disagreements are not resolved through negotiations, they shall be resolved in accordance with the Rules for Determining the Status of Work Performance/Provision of Services and Considering Requests of the Customer and the Contractor posted on https://www.nutson.us.
13. Final Provisions
13.1 To the extent that they govern the relations between the Customer and the Contractor in relation to the subject matter of the Contract, the transfer and acceptance of the Work and the posting of the Funding Video Confirmation under the Contract, the provisions of the Task shall supplement the provisions of this Contract and be deemed as included in it. In the event of a discrepancy between the provisions of the Funding Task, the Contract and the Agreement, the provisions of the Agreement will prevail over the provisions of the Funding Task and the Contract as between the Customer and the Contractor.
13.2 The Parties agree that any Content posted by the Parties using the Platform shall be equal to written documents signed by the Parties in person and shall have the same legal effect. The Parties agree that the Content will be considered appropriate for the purposes of this Contract, as if such posting of the Content is executed by the Parties in writing.
13.3 In the event that any disagreements arise between the Parties, the data recorded using the technical aids of the Platform shall prevail in resolving such disagreements. At the request of the Parties and/or the competent authority, the Company shall provide the relevant data.
13.4 The Parties shall take into account and agree that the performance, failure to perform or improper performance of obligations under this Contract may affect the status and/or the characteristics of the Parties in accordance with the Agreement, information whereon may be posted and commented on the relevant pages of the Platform and otherwise used in connection with the functioning of services.
13.5 The Parties warrant that they use the Platform in accordance with the terms and conditions or rules of its use, information on the Parties is posted on the Platform in a correct and full manner, they act under their own, but not fictitious, names, and that all actions taken on the Platform under their accounts are taken by them personally or by authorized persons, are binding upon and legally valid for the Parties.