Public offer
1. General conditions and terminology
1.1. Executor
The Contractor is the Limited Liability Company "Innovatix", a legal entity that is the copyright holder of the foreign real estate portal hatamatata.ru in accordance with the legislation of the Kyrgyz Republic, located at the address: Kyrgyz Republic, Bishkek, Leninsky district, Turusbekova street, building 109/3 , registration No. 218250-3301-OOO.
The provision of services under this public agreement is carried out by Innovatix LLC by providing customers with access to the hatamatata.ru platform. Innovatics LLC does not resell real estate and does not provide real estate services.
1.2. Partner
Partner is an individual or legal entity who accepts the terms of this agreement and cooperates with the Contractor within the hatamatata.ru portal to post information about real estate and carry out transactions on the terms stipulated by the agreement.
1.3. Portal hatamatata.ru
The hatamatata.ru portal (hereinafter referred to as the “Portal”) is an Internet resource owned by the Contractor, intended for posting information about foreign real estate, interaction between partners and transactions.
1.4. User account
User account is an individual account created by the Partner upon registration on the Portal. The account provides access to personalized features and tools on the Portal.
1.5. Property
A real estate property is real estate presented on the Portal for rent or sale by the Partner.
1.6. Deal
Transaction - conclusion of a purchase and sale or lease agreement between the Partner and the Portal User based on the information provided about the property.
1.7. Commission fee
Commission fee - the Contractor's remuneration for providing the platform and services of the Portal, charged to the Partner in case of successful completion of the transaction.
1.8. Personal data
Personal data - confidential information provided by the Partner when registering on the Portal, including, but not limited to, name, contact information and other information necessary for registration and use of the Portal.
1.9. Exclusivity
Exclusivity is an agreement that the Partner provides the Contractor with the exclusive right to promote and advertise real estate properties within the framework of a partnership with the Portal.
1.10. Tariffs and payment terms
Tariffs and payment terms - the structure and size of the commission fee, as well as other possible payments provided for in this agreement and published on the Portal.
1.11. Alerts and changes
The Contractor has the right to notify the Partner of changes in the terms of cooperation and tariffs via electronic messages or posting notices on the Portal.
1.12. Contact Information
Contractor contact information:
Address: Kyrgyzstan, Bishkek, Leninsky district, Turusbekova street, building 109/3.
Phone: +905077058082
Mail: [email protected]
1.13. Applicable Law
All issues not regulated by this agreement are regulated by the legislation of the Kyrgyz Republic.
1.14. Change and termination of the contract
The conditions for changing and terminating the agreement are stipulated in accordance with the legislation of the Kyrgyz Republic and this agreement.
1.15. Application for placement of an object
An application for listing a property is a request from a Partner to provide information about a specific property for placement on the Portal. The application must contain the main characteristics of the object, the terms of the transaction and the Partner’s contact information.
1.16. Potential real estate buyer (Client)
A potential buyer of real estate (hereinafter referred to as the “Client”) is an individual or legal entity who has shown interest in real estate properties posted on the Portal and expresses a desire to find out additional information or carry out a transaction.
1.17. Client's request
A Client's Application is a request from a Portal User expressing interest in a specific property. The application contains the Client’s contact information and a request for additional information or to arrange a viewing of the property.
1.18. Application Confirmation
Confirmation of an Application is the act of notifying the Partner of the receipt and processing of his Application, and transfer to the Partner, as well as notifying the Client that his request has been successfully delivered and is being processed.
1.19. Successful completion of the Transaction
Successful completion of the Transaction is the phase when the Client, informed and satisfied with the information provided, makes a decision to purchase or rent a property, which subsequently leads to a commission fee in favor of the Contractor.
1.20. Refusal of an Application or Transaction
Refusal of an Application or Transaction may occur by mutual agreement of the parties or for objective reasons. If a refusal occurs, the Contractor undertakes to inform the parties about this within a reasonable time, as well as provide objective justification.
1.21. Confidentiality of information about the Client
The Contractor undertakes to maintain the confidentiality of information about the Client received during interaction on the Portal and to use it solely for the purpose of providing services for real estate transactions.
2. Subject of the agreement
2.1. Provision of services
2.1.1. The Contractor undertakes to provide the Partner with access to the functionality and tools of the Portal for posting information about real estate, interacting with potential clients and making transactions.
2.1.2. The services provided include the ability to create and manage real estate assets, as well as obtain statistics and reporting on activity on the Portal.
2.2. Commission fee
2.2.1. For the provision of services specified in clause 2.1., the Partner undertakes to pay the Contractor a commission fee only if the transaction between the Partner and the Client formed through the Portal is successfully completed. If the transaction is not completed, the Partner is released from the obligation to pay the commission fee.
2.2.2. The amount of the commission fee is agreed individually with the Partner in the partnership agreement and signed by both parties.
2.3. Exclusivity and confidentiality
2.3.1. If a separate agreement is concluded to provide exclusivity for the promotion of real estate, the Partner undertakes to comply with the terms of the agreement.
2.3.2. The Contractor guarantees the confidentiality of the information provided by the Partner and does not disclose it to third parties without the written consent of the Partner, except as required by law.
2.4. Posting information
2.4.1. The partner independently places information about his real estate on the Portal, confirming its relevance and compliance with the actual state.
2.4.2. The Contractor has the right to reject the posting of information that violates the terms of the contract or the standards of the Portal by notifying the Partner of the refusal and reasons.
2.5. Obligations of the parties
2.5.1. The Contractor undertakes to provide support and advice to the Partner on the use of the Portal and optimization of the posted information.
2.5.2. The partner undertakes to comply with the terms of the agreement, as well as provide reliable information about his real estate.
2.5.3. The Parties interact with Applications and requests from Clients in accordance with clause 1.18. actual agreement.
2.6. Technical support
2.6.1. The Contractor ensures the technical functioning of the Portal, including updates, error corrections and expanded functionality.
2.6.2. In the event of technical failures that impede normal interaction with the Portal, the parties agree on measures to eliminate them.
2.7. Paid services
2.7.1. The Contractor reserves the right to introduce paid services on the Portal, notifying the Partner about this in advance and providing a choice of the opportunity to continue using the platform.
2.7.2. The Partner has the right to refuse to use new paid services, while retaining the right to the basic functionality of the Portal provided under the terms of the contract. The introduction of paid services does not entail the Partner's obligation to pay a commission.
3. Rights and obligations of the parties
3.1. Partner Rights
3.1.1. The Partner has the right to post information about their real estate on the Portal, ensuring their relevance and reliability.
3.1.2. The Partner has the right to participate in affiliate programs and marketing promotions conducted by the Contractor.
3.1.3. The Partner has the right to receive advice and support from the Contractor regarding the use of the Portal.
3.1.4. The Partner has the right to receive applications received from Clients for real estate properties posted on the Portal.
3.2. Partner Responsibilities
3.2.1. The Partner undertakes to provide reliable and up-to-date information about their real estate properties when they are posted on the Portal.
3.2.2. The Partner undertakes to comply with the rules for using the Portal, as well as instructions and recommendations provided by the Contractor.
3.2.3. The partner agrees that the amount of the commission fee is agreed upon individually in the partnership agreement and signed by both parties.
3.2.4. The Partner is obliged to pay the Contractor the commission specified in the partnership agreement in the event of a successful transaction with the Client formed through the Portal.
3.3. Performer's rights
3.3.1. The Contractor has the right to reject the posting of information about real estate that violates the terms of the contract or the standards of the Portal.
3.3.2. The Contractor reserves the right to introduce changes to the functionality of the Portal and make updates to ensure its effective operation.
3.3.3. The Contractor has the right to provide additional paid services on the Portal, notifying the Partner about this in advance.
3.3.4. The Contractor guarantees the confidentiality of information provided by the Partner in accordance with clause 2.3.2. actual agreement.
3.4. Responsibilities of the Contractor
3.4.1. The Contractor undertakes to provide technical support to the Partner regarding the use of the Portal.
3.4.2. The Contractor undertakes to promptly respond to the Partner’s requests and applications, ensuring timely provision of information.
3.4.3. The Contractor undertakes to maintain the confidentiality of information about the Partner and the services he provides.
3.4.4. The Contractor releases the Partner from paying a commission fee in the event of unsuccessful completion of a transaction with the Client.
4. The procedure for connecting to the hatamatata Portal and posting advertisements
4.1. Ads loading methods
4.1.1. The partner has three options for uploading ads to the website hatamatata.ru, providing flexibility and convenience:
- Manual upload via personal account
- Use XML for automated loading
- Integration via API
4.2. Partner connection process
4.2.1. An individual or legal entity wishing to become a Partner goes through a convenient registration procedure on the hatamatata.ru portal.
4.2.2. A registered Partner receives unique data to access his personal account, where he can manage ads, view statistics and other functions.
4.3. Requirements for posting advertisements
4.3.1. The Partner is required to comply with laws and ethical standards when posting advertisements. Violation of the rights of third parties, moral standards, and the use of unfair or inappropriate advertising is prohibited.
4.3.2. The use of keywords, descriptions and photographs in listings must be accurate and consistent with the information provided.
4.4. Moderation and removal of advertisements
4.4.1. The Contractor moderates the posted advertisements. If violations or non-compliance with the standards of the Portal are detected, the advertisement is subject to immediate removal.
4.4.2. The Partner can receive feedback and recommendations for improving advertisements from the Contractor to increase their effectiveness and attractiveness to potential clients.
4.5. Technical support
4.5.1. The Partner has access to the Portal’s technical support to resolve any issues related to loading ads, using the API and other technical issues.
4.6. Responsibility for the information provided
4.6.1. The partner is responsible for the information provided in advertisements and guarantees its accuracy. The Contractor reserves the right to collect compensation in case of providing false or unreliable information.
4.7. Control over duplicate ads
4.7.1. The Partner undertakes to avoid duplication of advertisements on the Portal to maintain the cleanliness and relevance of the information provided. The Contractor has the right to take measures to remove duplicate advertisements without prior notice to the Partner.
4.8. Compliance with the rules of the Portal
4.8.1. The Partner undertakes to comply with all rules, conditions and standards of the Portal, as well as to support them with its own employees associated with the placement and management of advertisements.
5. Responsibility of the parties
5.1. General responsibility
5.1.1. The parties are jointly responsible for compliance with the terms of this agreement and the obligations provided for in sections 3 (Rights and obligations of the parties) and 4 (Procedure for connecting to the hatamatata Portal and posting advertisements).
5.2. Dispute Resolution
5.2.1. If disputes arise between the parties, they undertake to make efforts to resolve them through negotiations and cooperation.
5.3. Force Majeure
5.3.1. The parties are released from liability for failure to fulfill their obligations in the event of force majeure circumstances, such as natural disasters, wars, strikes, changes in legislation that may affect the fulfillment of the terms of the contract.
6. Force majeure circumstances
6.1. Determination of force majeure circumstances
6.1.1. Force majeure circumstances (force majeure) are external events and circumstances that cannot be foreseen or prevented and which relieve the parties from liability for failure to fulfill their obligations under this agreement.
6.2. Application of force majeure circumstances
6.2.1. If one of the parties is faced with force majeure circumstances, it is obliged to immediately notify the other party of the occurrence of such circumstances.
6.2.2. The obligations of the parties are suspended for the period during which force majeure circumstances apply. After the termination of these circumstances, the parties are obliged to begin fulfilling their obligations within the established time frame.
6.3. Effect of force majeure circumstances
6.3.1. Force majeure circumstances release the parties from liability for any delays or failure to fulfill obligations under this agreement if these delays or failure are caused by these circumstances.
6.3.2. The party faced with force majeure circumstances is obliged to take all possible reasonable measures to minimize the negative consequences and the possibility of restoring the fulfillment of obligations.
7. Dispute resolution
7.1. Dispute settlement
7.1.1. In case of disputes, the parties undertake to negotiate to resolve them.
7.1.2. If no agreement is reached, the dispute may be referred to arbitration.
7.2. Arbitration
7.2.1. Disputes not settled by negotiations may be referred to arbitration.
7.2.2. The arbitration decision is final and binding on both parties.
7.3. Trial
7.3.1. If arbitration is not possible, disputes are considered in court at the location of the Contractor.
7.3.2. The parties agree to submit to the jurisdiction of said court.
7.4. Continuation of obligations
7.4.1. Regardless of the dispute, the parties continue to fulfill their obligations until their final resolution.
8. Privacy
8.1. Protecting Confidential Information
8.1.1. The parties undertake to maintain the confidentiality of information received during the execution of the contract.
8.1.2. The Contractor ensures reliable protection of the Partner’s personal data in accordance with current legislation.
8.2. Exceptions to Confidentiality
8.2.1. Information that becomes publicly available or received independently of the contract is not considered confidential.
8.2.2. Disclosure of information is permitted in cases provided for by law.
8.3. Obligations after completion of the contract
8.3.1. Non-disclosure obligations continue after the completion of the contract.
8.3.2. The parties undertake to return or destroy confidential information at the request of the other party.
9. Changes, additions and termination of the agreement
9.1. Making changes and additions
9.1.1. Changes and additions to this agreement can only be made in writing and signed by both parties.
9.2. Termination of an agreement
9.2.1. The contract can be terminated by mutual agreement of the parties or in the event of violation of the terms of the contract by one of the parties.
9.2.2. Notice of termination must be given in writing and include the notice period.
9.3. Termination procedures
9.3.1. In the event of termination of the contract, the parties undertake to complete all current obligations within a reasonable time.
9.3.2. Upon termination of the contract, the parties undertake to return to each other all materials and information received under the contract.
10. Other conditions
10.1. Dispute Resolution
10.1.1. The parties strive to resolve all disputes and disagreements through negotiations.
10.1.2. If it is impossible to reach an agreement, a transition to pre-trial settlement is mandatory. The period for resolving disputes is 10 working days from the date of receipt of the claim.
10.2. Trial
10.2.1. If it is impossible to resolve disputes in clause 10.1, all issues must be resolved in court at the location of the Defendant. The applicable law is the substantive law of the Contractor.
10.3. Other conditions
10.3.1. Certain provisions of the Agreement remain in force even if others are invalid or inapplicable.
10.3.2. The Agreement is governed by the legislation of the Contractor. Issues not regulated by the Agreement are resolved in accordance with this legislation.
10.3.3. The invalidity or inapplicability of any provision does not affect the validity of the remaining terms of the Agreement.
10.4. Deadlines and extensions
10.4.1. The Agreement comes into force from the moment the Customer performs the actions specified in the relevant section of the Agreement and is valid until the end of using the Contractor’s services. When using services after the end of a calendar year, the Agreement is automatically extended for the next calendar year.
10.4.2. The moment of conclusion of the Agreement is considered the beginning of use of the Contractor’s Website.