Service agreement (UAE account)

Moscow, edition of May 25, 2023

IP Ovsyankina Anna Aleksandrovna, TIN: 771598092190, OGRNIP: 323774600327545, hereinafter referred to as the “Contractor”, invites an individual resident of the Russian Federation, hereinafter referred to as the “Customer”, to conclude this contract for the provision of consulting services on the terms set out below:

1. Terms and Definitions
1.1. Agreement – this agreement on the provision of consulting services.
1.2. ИнтернетWebsiteсайт — genesishub.ae (also referred to as the “Site”).
1.3. The Customer’s joining the Agreement – the Customer’s payment for services under this Agreement in accordance with clause 5.1.1 of the Agreement) means the Customer’s consent to conclude the Agreement and the Customer’s full and unconditional acceptance of all the terms of this Agreement without any exceptions and restrictions.
1.4. The Customeris a legally capable individual resident of the Russian Federation who has joined the Agreement.

2. General Provisions
2.1. The agreement in accordance with Article 428 of the Civil Code of the Russian Federation is a contract of incorporation. The text of the Agreement is available on the website on the Internet at: genesishub.ae.
2.2. The Agreement comes into force from the moment the Customer joins the Agreement. The Customer’s accession to the Agreement means that the Customer unconditionally accepts all the terms of this Agreement without any exceptions and restrictions and is carried out in accordance with the procedure provided for in clause 1.3 of the Agreement.
2.3. In accordance with clause 1 of Article 450 of the Civil Code of the Russian Federation, the Parties have agreed that the Contractor has the right to make changes and / or additions to the Agreement. At the same time, changes and/or additions made by the Contractor to the Agreement become mandatory for the Parties on the date of the revision’s entry into force. The Contractor is obliged to publish a new version of the Agreement on the Website at least 1 (one) calendar day before the date of entry into force of the Revision (without any special notification to the Customer).
2.4. The Customer is obliged to regularly contact the Website in any way available to him, independently or through authorized persons, to obtain information about the new version of the Agreement.
2.5. Information about the Contractor:
— Full corporate name: INDIVIDUAL ENTREPRENEUR Ovsyankina Anna Alexandrovna
-Abbreviated corporate name: IP Ovsyankina Anna Alexandrovna,
TIN 771598092190, OGRNIP 323774600327545,
BIC 044525974, C / s 30101810145250000974, r / s in JSC Alfabank.

3. SUBJECT OF THE AGREEMENT
3.1. The Contractor undertakes to provide the Customer with the following services in accordance with the procedure and conditions stipulated in this Agreement:
— upon the request left by the Customer on the Site, contact them to provide information about the services, the procedure for their provision and payment;
– advising on possible conditions for opening current (settlement) bank accounts and debit bank cards for the Customer in commercial banks in the Emirate of Dubai of the United Arab Emirates, selected by the Customer from the list available on the Website, or agreed upon by the Parties by mutual agreement (hereinafter also referred to as “banks” or “bank”), receiving debit cards bank, as well as about the possibilities of obtaining access to remote banking services in such a bank (if any);
– advising on the preparation by the Customer of a package of documents required for opening current (settlement) bank accounts and debit bank cards in banks, receiving bank debit cards;
— at the request of the Customer, holding a meeting with the Customer (in the amount of 1 pc.) in the territory of the Contractor’s registration or in another place by the Contractor’s decision in order to provide advice in the order of filling out documents and applications necessary for further independent application of the Customer in electronic form to the bank/banks (consultation is provided at the meeting upon application to the bank/banks in the amount of no more than 2 pcs.) to open an account and / or receive a card;
– at the request of the Customer, assistance in the amount of no more than 1 meeting in preparing a response to the bank’s request for additional information on the application submitted by the Customer, provided that none of the banks to which the documents were submitted by the Customer successfully opened an account / card (in the amount of no more than 1 meeting and for no more than one request) — only if, at the time of assistance, none of the banks to which the Customer submitted applications has successfully opened an account /card and the deadline set out in this subclause has been met. The Customer is obliged to contact the Contractor with information about the request no more than within 1 business day from the date of sending the request by the bank. If the deadline is missed, the Contractor has the right to refuse to provide this assistance, and the Customer does not have the right to demand its fulfillment.

The subject of this Agreement неis not submission of documents to the bank, collection of documents for the bank, sending documents to the bank or third parties, as well as participation in interaction between the Customer and third parties on the issue of submitting documents to the bank; organization of meetings between the Customer and the bank; any decisions and responses of the bank. Such actions are not performed by the Contractor and are not under its control or responsibility. The Contractor or its representatives do not become representatives of the Customer.

3.2. The Contractor’s Services do not constitute an individual recommendation or offer to the Customer of any bank service. The services are provided solely on the basis of the Customer’s voluntary decision to receive advice on opening accounts, cards and remote access in banks, as well as obtaining information about the bank’s services and the Customer’s independent decision to submit documents and applications to the bank. The services should not and cannot be considered as activities of the bank outside the country of its registration, nor should they and cannot be considered as the appointment of the Contractor as an agent or representative of the bank.
3.3. The Customer undertakes to accept and pay for the services rendered by the Contractor in accordance with the procedure and terms provided for in this Agreement, as well as to pay additional remuneration provided for in the Agreement, if the stipulated result is achieved.
3.4. This Agreement is not concluded for the purpose of satisfying the Customer’s personal, family, home or other consumer needs.
3.5. The Customer understands and agrees that the Contractor cannot and does not guarantee to the Customer any result of its (the Customer’s) application to the bank or consideration of the application (s). The Contractor is not responsible to the Customer for any decisions and responses of the bank, as well as for the Customer’s decision to contact the bank or transfer any documents, data or requests to it.

4. TERMS AND CONDITIONS OF SERVICE PROVISION.
4.1. The Contractor undertakes to provide services under the Agreement in a timely and high-quality manner, in accordance with the requirements of laws and other regulatory legal acts, as well as the terms of the Agreement.
4.2. The terms, procedure, and methods of rendering services are determined by the Contractor at its sole discretion, taking into account all the circumstances of a particular case.
4.3. The Customer undertakes to properly fulfill the obligations under the Agreement, including to observe and execute the Contractor’s instructions (provided orally and/or in writing), to provide all information/materials/data in a timely manner and in full and correctly executed, requested by the Contractor and necessary for the Contractor to provide services under the Agreement. If the data is not provided or provided in an incorrect form or form, as well as sent to incorrect addresses, the Contractor is not responsible for the actions of the Customer and for the inability to provide services due to the lack of documents or information. The method of providing information/materials/data to the Contractor by the Customer is agreed by the Parties through the communication forms specified in clause 4.4 of the Agreement. The Customer has the right to transfer data exclusively to the Contractor and must make sure that it is the Contractor, risks and possible financial losses in the event of data transfer to other persons are borne by the Customer and are not subject to compensation by the Contractor. The Contractor undertakes to ensure the safety of documents provided by the Customer, but is not responsible for their loss due to independent reasons or without fault.
4.4. The Parties interact through the following communication channels: The Customer has the right to contact the Contractor via the Contractor’s contact details specified on the Site, as well as via Telegram or Votsapp messengers, which are groups of the Contractor and are associated with it, accessible via a hyperlink on the Site; The Contractor contacts the Customer via a mobile phone number by calling and / or e-mail messages to the Customer’s account (including in the specified messengers) specified by the Customer in the application on the Site, while the Contractor has the right to record the conversation and record electronic correspondence for quality control purposes. The Customer must first make sure that they are communicating or interacting with the Contractor.
4.5. The Contractor is not responsible to the Customer for any actions and work of any third parties, banks, including for the actions and behavior of persons whose contact details can be provided to the Customer and to whom the Customer can then contact. The Customer decides on interaction with third parties and banks at its own discretion, without relying on the Contractor, and must verify their status and integrity independently.
4.6. In any case, the Service is considered to have been rendered from the date of submission (sending) The Contractor provides the Customer with consultations on the conditions and procedure for opening bank accounts and necessary documents and sending an electronic message with such consultation to the Customer via one of the communication channels specified in clause 4.4 of the Agreement, including by sending a message to the phone (account). The customer in one of the specified messengers. The Customer is obliged to check and get acquainted with such a consultation.

5. COST OF SERVICES. PAYMENT PROCEDURE
5.1.1. The cost of services rendered by the Contractor under this Agreement is 288,000 (Two hundred and eighty-eight thousand) Russian rubles, including the amount of applicable taxes. Any expenses of the Customer for further submission of documents to the bank and / or meeting with third parties, including transportation, business trip and any other expenses, are personal expenses of the Customer and are not included in the cost of providing services, and are not the subject of this Agreement.
5.1.2. In case of successful opening of an account to the Customer by at least one bank specified in clause 3.1 of the Agreement, the Customer undertakes to pay the Contractor an additional fee (in addition to the cost of services under clause 5.1.1 of the Agreement) in the amount of 288,000 (Two hundred and eighty-eight thousand) Russian rubles.
5.2.1. The cost of services (specified in clause 5.1.1) must be paid by the Customer in full by paying via a link sent by the Contractor to the Customer via the communication channel specified in clause 4.4 of the Agreement, within no more than 1 (one) calendar day from the date of receipt of the link. Payment means that the Customer joins this Agreement in accordance with clause 1.3. of the Agreement. Before making the payment, the Customer must make sure that they make the payment specifically to the Contractor, and not to other third parties, including those posing as the Contractor. Risks and possible financial losses of the Customer as a result of interaction with other third parties, including those posing as the Contractor, are borne by the Customer and are not subject to compensation by the Contractor.
The Customer’s obligations to pay for services are considered fulfilled from the date of receipt of funds to the Contractor’s current account.
5.2.2. The cost of additional remuneration (specified in clause 5.1.2 of the Agreement) must be paid by the Customer in full by paying via a link sent by the Contractor to the Customer via the communication channel specified in clause 4.4 of the Agreement, within no more than 1 (one) calendar day from the date of receipt of the link or from the date of receipt of information about opening an account (The Customer must contact the Contractor and request a link, or the Contractor can also send the link itself (depending on what happens earlier). Before making the payment, the Customer must make sure that they make the payment specifically to the Contractor, and not to other third parties, including those posing as the Contractor. Risks and possible financial losses of the Customer as a result of interaction with other third parties, including those posing as the Contractor, are borne by the Customer and are not subject to compensation by the Contractor.
The Customer’s obligations to pay additional remuneration are considered fulfilled from the date of receipt of funds to the Contractor’s current account.
5.3.1. The Parties have stipulated that in case of refusal (for any reason) on the part of the bank to open an account and / or issue a bank card of the Customer, as well as in case of refusal of the Customer for any reason at any stage after payment, including the submission of documents, in case of evasion from collecting the necessary documents; from receiving the Contractor’s services are also considered to have been rendered in full and the amount paid in accordance with clause 5.1.1 of the Agreement is not refundable.
5.3.2 The Customer must, within 1 (One) calendar day after the successful completion of the Contract,when opening an account, notify the Contractor about this, and within 1 (One) calendar day from the date of receipt of the link, pay additional remuneration in accordance with clause 5.1.2 of the Agreement, including if the Customer refuses the agreement or evades receiving ready-made documents. Thus, the obligation to pay additional remuneration remains even upon termination / termination of this Agreement in accordance with its terms, such terms and the obligation to pay remain valid even after the termination/termination of this Agreement until actual performance.
In the event of discrepancies in the account opening information, the Customer agrees and gives unconditional consent that the Contractor may obtain information about this from the bank (the Customer agrees and gives the Contractor the authority, rights and access to such information to the Contractor and its representatives), and the bank’s response to the Contractor and/or confirmation of the opening fact is unconditional proof of the opening of the account and there is no need to pay additional remuneration in accordance with clause 5.1.2 of the Agreement.
5.4. If there is a need to carry out additional expenses for the purpose of rendering services that could not have been provided for initially, the Contractor has the right to present the amounts of these expenses to the Customer, and the Customer is obliged to pay them within 5 (five) calendar days from the date of receipt of the Contractor’s request.
5.5. The Contractor has the right, at its sole discretion, to arrange marketing campaigns regarding the terms of payment for the provision of services, independently determining their terms and criteria.

6. PRIVACY POLICY. RIGHTS AND OBLIGATIONS OF THE PARTIES
6.1. The Parties undertake not to disclose information that has become known to them during the performance of the Contract, which is confidential and constitutes a commercial secret of the Parties, except in cases where such disclosure is necessary for the provision of services or is dictated by the requirements of the bank or the legislation of the place of registration of the bank.
6.2. The Parties undertake not to disclose confidential information and information constituting a commercial secret of the Parties that has become known to them, both during the term of validity of the Agreement and within 1 (one) year from the date of expiration of the Agreement.
6.3.The Parties will be liable for disclosure of confidential information and information constituting a commercial secret in accordance with the legislation of the Russian Federation, except for cases when such disclosure is necessary for the provision of services or is dictated by the requirements of the bank or the legislation of the place of registration of the bank.
6.4. Subject to compliance with the requirements of clauses 6.1 – – 6.3 of this section of the Agreement, no Party that has disclosed confidential information and/or information constituting a trade secret belonging to the other Party to third parties should be held responsible for disclosing such confidential information and/or information constituting a trade secret in the following cases: :
— if such confidential information and/or information constituting a trade secret was known to the disclosing Party from other sources prior to the entry into force of the Agreement;
— if the disclosure of confidential information and/or information constituting a trade secret occurred with the written consent of the other Party – owner of the specified confidential information and/or information constituting a commercial secret—
– if the disclosure of confidential information and/or information constituting a commercial secret occurred in accordance with an act of the competent state body or court that entered into legal force;
— if the confidential information and/or information constituting a trade secret was obtained by the disclosing Party from a third party, provided that such source is not bound by a confidentiality agreement with respect to such confidential information and/or information constituting a trade secret, or is not otherwise prohibited from transmitting such confidential information and/or information information constituting a trade secret is disclosed to the disclosing Party and the specified source obtained such confidential information and/or information constituting a trade secret legally.
6.5. The Customer gives its unconditional consent to the Contractor and its representatives and employees to access information about the Customer’s intention to open an account with the bank, disclosure of information about this to the bank and third parties, including the Contractor’s partners, as well as to its bank secrecy regarding data on opening accounts and cards to the Customer in the bank for services, receiving information about opening accounts and cards and connecting remote banking services, receiving reports on this, calculating remuneration, as well as requesting any information from any persons, including banks, aimed at achieving the result of providing services by the Contractor.
6.6. The Customer understands and agrees that his data becomes known to the banks, as well as to the Contractor and its representatives.
6.7. The Customer understands that when sending documents and cards by mail or by electronic application for reasons beyond the control of the Contractor, there may be risks of data disclosure, their content and possible violation of confidentiality. The Customer undertakes not to make any claims on this fact to the Contractor, and such claims must be addressed to the postal service or the bank.
6.8. When sending documents, the Customer is obliged to verify the correctness of the address (including electronic) of the shipment and the meta of the application submission, the recipient and the correctness of the sent documents, and their description.
6.9. Upon receiving any documents from the bank, the Customer must verify the integrity of the letter (including an electronic one), envelope and/or document, check the contents of the received documents, and check that there are no signs of opening or damage to documents and cards. Activation and use of accounts, cards and remote banking services must be carried out by the Customer strictly confidentially and without the possibility of access by third parties.
6.10. The Customer does not have the right and should not interact with any third parties who are not authorized persons of the Contractor regarding the provision of services. If any doubts arise, the Customer must stop communicating with the applicant and contact the Contractor exclusively through the established communication channels in accordance with clause 4.4 of the Agreement.
6.11. The Parties confirm and agree that the Contractor is not entitled to bear responsibility for the actions of banks, including refusal to issue a card or open an account due to the Customer’s non-presence in person at the bank, improper processing or submission of documents, improper documents, for further servicing of the Customer in the bank, for confidentiality of any information and data provided in relation to the bank, for performing any operations on the Customer’s accounts and cards with the bank, as well as for actions of third parties, including representatives acting beyond the limits of their authority.
6.12. The Customer, by entering into this Agreement, gives his / her unconditional and unconditional consent to the processing of all his / her personal data provided to the Contractor, including the last name, first name, patronymic, correspondence address, contact details, telephone number, e-mail address, for the purpose of executing this Agreement. The Contractor does not process or store personal data after the performance of the Contract, except in cases stipulated by law or other agreement of the Parties or other consent of the Customer (if applicable). The consent may be revoked by the Customer by writing to the Contractor.
6.13. The consultation is targeted and confidential. The Customer does not have the right to share the received advice with other third parties, including for the purpose of opening bank accounts and cards.

7. LIABILITY OF THE PARTIES
7.1. The Parties understand and agree that:
— The Contractor cannot guarantee and is not responsible for any result that the Customer could have expected; The Contractor cannot guarantee that as a result of providing services under the Contract or consulting the Customer, a current (settlement) bank account will be opened, a card issued, including due to the fact that these issues will be resolved. they are beyond the Contractor’s control. The Contractor is not responsible for the Customer’s satisfaction with the advice, assistance or their completeness and accuracy, as they are provided based on the Contractor’s knowledge; for the prepared response at the bank’s request. In this regard, the Parties specifically stipulated that the Contractor does not bear any responsibility for the refusal of the bank to open an account and/or issue a Customer’s bank card, as well as for any possible technical restrictions and obstacles, including for submitting an application—
– The Contractor does not provide advice on compliance with banking, currency, tax legislation. or other legislation of the place of residence of the Customer and the place of registration of the bank, as well as on the reporting procedure, in connection with which the Customer must independently assess the consequences of opening an account and card with the bank, as well as their legality and competence;
– opening of accounts and cards, receiving documents, sending them to third parties, other issues, claims, maintenance, any liability measures, etc. related to the account and card opened to the Customer, operations on them, delivery of one-time passwords, and any issues related to Customer service as a customer in the bank, are not allowed They are the subject of this Agreement and are resolved by the Customer independently (assigned to the Customer), without involving the Contractor and without imposing any responsibility on the Contractor. The Contractor is not responsible for any operations and actions on the Customer’s accounts and cards, and no claims can be made against it. The Customer independently bears financial responsibility and obligations for any actions and operations on its accounts, cards, remote banking services in the bank, including for excluding third-party access to them and for the consequences caused by possible unauthorized access by third parties or their use of confidential information. In case of any doubts or suspicions, the Customer is obliged to change (update) independently (without the Contractor’s participation) all confidential financial information for servicing in the bank.
7.2. Neither of the Parties will be liable for non-performance or improper performance of its obligations, if proper performance was impossible due to force majeure, that is, extraordinary and insurmountable circumstances under these conditions, which are beyond the control of the Parties, which arose after the conclusion of the Agreement.
Such circumstances include, in particular: flood, earthquake, other natural disasters, war, military actions, strikes, civil unrest, epidemics, bans and restrictions on foreign trade in goods and services, etc., the adoption by the competent authorities of regulations that make it impossible or hinder the fulfillment of obligations by the Parties under the Contract, changes in legislation or restrictions on foreign trade in goods and services, etc. regulations, technical problems, and restrictions on submitting an application electronically. If any of these circumstances directly affected the performance of obligations within the period specified in the Contract, then this period is proportionally postponed for the duration of such circumstance.
7.3. A Party for which it is impossible to perform its obligations under the conditions specified in this Agreement, due to force majeure circumstances, must notify the other Party in writing or electronically (telegram, fax, letter, etc.) of the beginning of the specified circumstances (their nature, type), the expected period of their validity, and provide documentary evidence of the force majeure circumstances specified in the notification issued by the competent state body, within 5 (five) calendar days from the date of occurrence of these circumstances. Non-notification or late notification, as well as failure to submit documents issued by the competent state authorities and confirming the operation of force majeure circumstances, deprives the Party of the right to refer to these circumstances as a ground that exempts from liability for non-performance of obligations.
7.4. If the above-mentioned circumstances last for more than 1 (one) month (or immediately upon the occurrence of the above-mentioned circumstances), the Parties conduct negotiations to identify acceptable alternative ways of performing the Agreement and, following the negotiations, conclude an additional agreement to the Agreement, which defines a new procedure for performing obligations under the Agreement.
7.5. If the Parties do not find a solution in terms of determining alternative ways of performing the Agreement, the Parties have the right to terminate the Agreement by entering into an agreement on termination of the Agreement. In this case, the Parties shall determine the procedure for mutual settlements, including the procedure and term of payment for the Contractor’s services or the procedure for returning funds paid by the Customer for the performance of obligations that became impossible due to force majeure circumstances, taking into account clause 9.1 of the Agreement.
7.6. Any liability of the Contractor, regardless of the circumstances of its occurrence, is limited to the amount of funds received by the Contractor from the Customer under the Agreement.

8. DISPUTE RESOLUTION
8.1. The Parties undertake to make all necessary and possible efforts to resolve disputes and disagreements arising out of or in connection with the Agreement through negotiations. All disputes and disagreements arising out of the Agreement or in connection with it that could not be resolved through negotiations are subject to judicial review at the location of the Contractor in accordance with the legislation of the Russian Federation.
8.2. The Parties shall establish a mandatory claim procedure for dispute resolution. The claim review period is 30 (Thirty) calendar days. The parties have the right to send complaints by e-mail.
8.3. The Customer agrees that receiving a consultation via the communication channel specified in clause 4.4 of the Agreement is an additional confirmation of the proper and complete provision of services by the Contractor and the absence of claims against the Contractor for the service provided.

9. FINAL PROVISIONS
9.1. Any Party has the right to unilaterally withdraw from the performance of the Contract by sending a written notice to the other Party about the termination of the Contract to the registration address, at least 30 (Thirty) days before the date of termination of the Contract. In this case, the Parties settle accounts in accordance with the provisions of Chapter 5 of the Agreement, and if the Customer refuses, the payment is not refundable; if the Contractor refuses, it returns the amounts less the actual costs incurred, the volume and cost of works and services already rendered to the Customer.
9.2. If during the term of validity of the Agreement one or several provisions established by it become invalid (void) or unenforceable in accordance with the current legislation, this circumstance does not invalidate (void) or unenforceable other provisions of the Agreement, which continues to be valid in the relevant part.
9.3. The Agreement is subject to the legislation of the Russian Federation. In all other matters not regulated by the Agreement, the Parties are guided by the legislation of the Russian Federation. Disputes related to this Agreement are subject to transfer to the court at the place of registration of the Contractor.