Public Offer for Partners

This public offer (hereinafter — “Offer”) in accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation (hereinafter — “Civil Code of the Russian Federation”) is an official proposal by GetDesk LLC (abbreviated name — GetDesk LLC), represented by General Director Yegor Vladimirovich Uvatenko, acting on the basis of the Charter (hereinafter — “GetDesk”), to enter into an agreement (hereinafter — “Agreement”) with a legal entity/individual entrepreneur (hereinafter — “Lessor”) on the terms set forth in this Offer.

This document, in accordance with Articles 435 and paragraph 2 of Article 437 of the Civil Code of the Russian Federation, is a public offer.

GetDesk, the Lessor, and the Lessee are hereinafter collectively referred to as the “Parties” and individually as a “Party.”

The Offer takes effect from the moment it is posted on the website https://getdesk.com/ on the Internet (hereinafter — “Platform”) at the address: https://getdesk.com/ru-en/doc/partner-agreement. GetDesk reserves the right to amend the terms of the Offer and/or withdraw the Offer at any time at its discretion without any special notification to the Lessor. Amendments made by GetDesk to the Offer take effect from the moment the amendments are posted on https://getdesk.com/ru-en/doc/client-agreement, unless a different effective date for the amendments is specified at the time of posting.

All annexes to the Offer are an integral part thereof.

1. Terms

1.1. GetDesk — GetDesk Limited Liability Company.
1.2. Platform — an independent composite multimedia product, the modules and cross-module components of which are legally used by GetDesk to provide services outlined in the Offer’s objectives, as well as subject to licensing and technical restrictions. The Platform is a combination of interconnected texts, graphic elements, photos, video materials, computer programs, including cross-platform client-server applications, software modules, databases, web pages, cross-module components, and other elements algorithmically combined by thematic, technical, and functional characteristics, intended for Lessors to list their Accommodation Facilities and Premises for Booking by Lessees, obtain information, exchange, and perform other Platform functions on the Internet via access to domains or subdomains getdesk.com. For the purposes of the Offer, a domain (domain name) refers to a unique Internet address legally used by GetDesk, serving for Lessee access to the Platform and its software modules.
1.3. Lessor — a person who has entered into this Agreement with GetDesk.
1.4. Lessor’s Representative — a person authorized by the Lessor for Platform registration and use, with access to the Personal Account and acting on behalf and in the interests of the Lessor.
1.5. Lessee — an individual and/or legal entity using the Platform to search for an Accommodation Facility and book Premises in accordance with the User Agreement.
1.6. Accommodation Facility — a complex of premises (conference center, coworking space, business center, apartment, café, restaurant, etc.), the premises of which are offered for Booking and listed by the Lessor on the Platform.
1.7. Accommodation Facility Page — a web page created by the Lessor in their Personal Account on the Platform, displaying details and rental conditions of the Premises of a specific Accommodation Facility, visible to the Lessee.
1.8. Personal Account — an individual section of the Lessor on the Platform, protected by authorization parameters, accessible by entering identification data.
1.9. Content — the informational content of the Accommodation Facility Page (texts, graphics, audio information, etc.).
1.10. Premises — a separate part of an Accommodation Facility intended for booking on the Platform and use by Lessees. Premises may be residential or non-residential, depending on their purpose and characteristics.
1.11. Booking — reserving Premises of an Accommodation Facility for a Lessee under the terms specified by the Lessee in an order placed on the Platform.
1.12. Instant Booking — a type of booking where the booking of Premises is considered completed immediately without requiring confirmation from the Lessor. In this type of booking, funds are debited immediately from the Lessee’s account.
1.13. Booking with Confirmation (Payment Authorization) — a type of booking where funds on the Lessee’s account are frozen pending confirmation of the booking by the Lessor. Upon confirmation by the Lessor, the funds are automatically debited from the Lessee’s account.
1.14. Order — an event initiated by a Lessee by creating and paying for a booking on the Platform, which is transmitted to the Lessor as a request for the rental of specific Premises in an Accommodation Facility in accordance with the terms of the Rental Agreement.
1.15. Guaranteed Best Price — the rental price of the Premises of an Accommodation Facility, for which the Lessor declares that no lower price for the same Premises with the same booking conditions can be offered online elsewhere.
1.16. Premises Type — a category defining the purpose and characteristics of premises that can be listed on the Platform (workstation, private office, meeting room, or conference hall).
1.17. Premises Copies — Premises of the same type with similar characteristics and conditions located within one Accommodation Facility. Premises Copies represent similar rental space options that may differ only in minor details but generally have the same features and amenities.
1.18. Agent’s Fee — a commission that GetDesk deducts from the Lessor for using the Platform’s functionality.
1.19. Support Service — a team of GetDesk specialists created to receive and process user inquiries on the Platform, contactable at the email address: welcome@getdesk.com.
1.20. Platform User — an individual and/or legal entity using the Platform to search for Premises of Accommodation Facilities in accordance with the User Agreement.
1.21. Russian Legislation — the current legislation of the Russian Federation.
1.22. Moderation Procedure — a mandatory procedure for verifying information before its publication on the Platform.

2. Acceptance of the Offer

2.1. The Lessor accepts the Offer on the Platform by creating an Accommodation Facility by clicking the appropriate button next to the text “By clicking the button, you agree to the terms of the Public Offer for Partners and give your consent to the processing of personal data.” Full and unconditional acceptance of the Offer is the Lessor’s performance of the actions specified in clause 5.1 of the Offer, and consent (acceptance) to this Offer, in the sense of paragraph 3 of Article 438 of the Civil Code of the Russian Federation, is deemed received (conclusive actions).
2.2. By accepting the Offer, the Lessor agrees to all the terms of the Offer as set out in the text of the Agreement and, in accordance with the Civil Code of the Russian Federation, is considered a person who has entered into a contractual relationship with GetDesk. In accordance with paragraph 3 of Article 434 and paragraph 3 of Article 438 of the Civil Code of the Russian Federation, the Agreement is deemed concluded between GetDesk and the Lessor in written form.
2.3. This Agreement is deemed concluded from the moment of acceptance of the Offer.

3. Subject of the Agreement

3.1. The Lessor entrusts, and GetDesk undertakes, for a fee, on behalf and at the expense of the Lessor through the Platform:
1. 3.1.1. to perform actions to attract Lessees for the purpose of making Bookings;
2. 3.1.2. to provide the Lessee with the opportunity to book the Lessor’s Premises on the terms set by the Lessor;
3. 3.1.3. to accept payments from Lessees for completed Bookings;
4. 3.1.4. to deduct the Agent’s Fee in the amount and manner established by the Agreement;
5. 3.1.5. to deduct funds from the Lessee in accordance with the Booking rules;
6. 3.1.6. to interact with the Lessee, providing information about Accommodation Facilities and Premises upon their request;
7. 3.1.7. to perform other actions related to the execution of the Agreement.
3.2. To execute the Agreement, GetDesk provides the Lessor with a non-exclusive license to the Platform free of charge.
3.3. The territory of Platform use is all countries worldwide.
3.4. The non-exclusive license to the Platform is deemed granted from the moment the Lessor accepts the Offer. The Parties agree that no license provision act is drawn up.

4. Rights and Obligations of the Parties

4.1. The Lessor undertakes to:
1. 4.1.1. Ensure the availability and maintain the relevance, accuracy, and compliance with the current Russian Legislation of the information required by GetDesk to fulfill its obligations under the Agreement.
2. 4.1.2. Indicate the Booking price on the Platform based on the Guaranteed Best Price principle, where no lower price for the same Premises of an Accommodation Facility with the same booking conditions can be offered online elsewhere.
3. 4.1.3. Upon GetDesk’s request, provide within one (1) calendar day all necessary data regarding the information posted on the Platform, including those confirming compliance with current Russian Legislation.
4. 4.1.4. Ensure the provision of the Premises of the Accommodation Facility in accordance with the Booking conditions and the Rental Agreement concluded between the Lessor and the Lessee as per Annex No. 4 to the Agreement.
5. 4.1.5. Promptly notify GetDesk via the Support Service of any adverse conditions affecting the accommodation in the Premises (repairs, construction, breakdowns, emergencies, scheduled water shutoffs, etc.).
6. 4.1.6. Refrain from mentioning in the media or using the brand, logo, trademarks, or promotional tools of GetDesk or its affiliates without prior written consent from GetDesk.
7. 4.1.7. Provide GetDesk with a free simple (non-exclusive) license to use the information posted on the Platform, including the use of trademarks/other intellectual property objects (including logos, designs, photos, videos, texts) contained in the information posted on the Platform, through reproduction, processing, public display, public performance, and making available to the public (in whole or in part) by any legal means, including on the Internet, on the Platform, and/or in GetDesk’s informational and marketing materials, for the duration of the Agreement and without territorial restrictions.
  The Lessor guarantees the right to dispose of the information posted on the Platform under the terms of the above license to the necessary extent and guarantees possession of the relevant rights and authority to provide them to GetDesk. The Agreement does not require GetDesk to provide the Lessor with any reports on the use of the information posted on the Platform.
8. 4.1.8. Refrain from modifying the Platform, including altering, decompiling, disassembling, decrypting, or performing other actions with the Platform’s code, as well as bypassing the Platform’s technical restrictions.
9. 4.1.9. Post information on the Platform in accordance with Russian Legislation, including advertising and personal data laws.
10. 4.1.10. Refrain from transferring access to the Platform to third parties on a paid or free basis, including through sublicensing.
11. 4.1.11. Process personal data transferred by GetDesk under this Agreement solely for the purposes defined by this Agreement and in full compliance with Russian Legislation on personal data protection.
12. 4.1.12. Refrain from transferring personal data received from GetDesk to third parties without the prior consent of the personal data subject or written permission from GetDesk, unless otherwise provided by federal law.
13. 4.1.13. Maintain the confidentiality of personal data and ensure their security during processing.
4.2. The Lessor has the right to:
1. 4.2.1. Use the functionality of the Platform available in the Personal Account.
2. 4.2.2. Add and edit information about Accommodation Facilities, Premises, and their Booking conditions, including price and terms.
3. 4.2.3. Interact through the Platform with GetDesk and Lessees, process bookings, respond to Lessee requests, update information about Accommodation Facilities and Premises, and monitor and manage bookings through the Personal Account on the Platform.
4. 4.2.4. Use the Platform in any way not prohibited by the Agreement.
5. 4.2.5. Receive, within the terms established by the Agreement, funds from GetDesk obtained from Lessees for completed Bookings, as well as funds withheld by GetDesk from Lessees in accordance with the Booking cancellation rules specified in Section 7 of the Agreement, minus GetDesk’s Agent’s Fee.
4.3. GetDesk’s obligations:
1. 4.3.1. Fulfill the assignment specified in clause 3.1 of the Agreement.
2. 4.3.2. Provide the Lessee with information provided by the Lessor via the Platform.
3. 4.3.3. Provide the Lessee with the technical ability to make a Booking on the terms specified on the Platform.
4. 4.3.4. In accordance with clause 8.5 of the Agreement, transfer funds to the Lessor’s bank account specified during the acceptance of the Offer.
5. 4.3.5. Provide support and consultation to Lessees regarding Booking procedures.
6. 4.3.6. Cancel Bookings at the request of the Lessee or Lessor in accordance with the Booking cancellation rules specified in Section 7 of the Agreement, including refunding funds due to the Lessee per the cancellation rules.
7. 4.3.7. Receive funds from the Lessee for Bookings made on the Platform.
8. 4.3.8. When making settlements between GetDesk and the Lessee, upon the Lessee’s request (if the “Send receipt to email” checkbox is selected in the payment system form), send the Lessee a receipt to the email address provided by the Lessee before the settlement.
9. 4.3.9. Promptly inform the Lessor of all significant changes affecting the fulfillment of GetDesk’s assignments.
10. 4.3.10. Process personal data in accordance with current Russian Legislation.
11. 4.3.11. Refund funds to the Lessee in accordance with the Booking cancellation rules specified in Section 7 of the Agreement.
4.4. GetDesk has the right to:
1. 4.4.1. Engage third parties to fulfill the assignment under the Agreement.
2. 4.4.2. Forward to the Lessor requests/letters/claims received from the Lessee regarding the provision of the Premises of the Accommodation Facility.
3. 4.4.3. Conduct any marketing activities at its discretion to increase Bookings.
4. 4.4.4. Process statistical data on the cost, number of Bookings, availability of Premises in the Accommodation Facility, and the number of Booking cancellations obtained by GetDesk during the Agreement’s term.

5. Creation of an Accommodation Facility by the Lessor on the Platform

5.1. To create an Accommodation Facility, the Lessor independently configures the Personal Account:
1. 5.1.1. The Lessor enters information about the organization into the Personal Account:
  1. 5.1.1.1. full name of the organization;
  2. 5.1.1.2. TIN (Taxpayer Identification Number);
  3. 5.1.1.3. KPP (Tax Registration Reason Code, if applicable);
  4. 5.1.1.4. full name of the organization’s head;
  5. 5.1.1.5. legal address (registration address);
  6. 5.1.1.6. contact phone number;
  7. 5.1.1.7. bank details;
  8. 5.1.1.8. other information.
2. 5.1.2. The Lessor enters information about Accommodation Facilities into the Personal Account:
  1. 5.1.2.1. name of the Accommodation Facility;
  2. 5.1.2.2. description of the Accommodation Facility;
  3. 5.1.2.3. address of the Accommodation Facility’s location;
  4. 5.1.2.4. photos of the Accommodation Facility;
  5. 5.1.2.5. contact phone number and email address;
  6. 5.1.2.6. operating hours of the Accommodation Facility;
  7. 5.1.2.7. other information.
3. 5.1.3. The Lessor enters information about Premises into the Personal Account:
  1. 5.1.3.1. specifies the types of Premises;
  2. 5.1.3.2. names of the Premises;
  3. 5.1.3.3. descriptions of the Premises;
  4. 5.1.3.4. photos of the Premises;
  5. 5.1.3.5. rental price of the Premises;
  6. 5.1.3.6. characteristics of the Premises;
  7. 5.1.3.7. specifies the type of booking (instant/with confirmation);
  8. 5.1.3.8. other information.
5.2. The information specified in clause 5.1 of the Agreement:
1. 5.2.1. must be accurate, up-to-date, complete, and sufficient for understanding and decision-making;
2. 5.2.2. must not contain:
  - email addresses, phone numbers, websites, messengers, or social media pages;
  - direct links to the Accommodation Facility or its website, applications, platforms, tools, and/or other devices;
  - websites, applications, platforms, tools, and/or other devices of third parties.
5.3. When creating an Accommodation Facility on the Platform, the Lessor reviews the Booking cancellation terms.
5.4. The information specified in clause 5.1 of the Agreement undergoes a moderation procedure before being published on the Platform. If it meets the requirements specified in clause 5.2 of the Agreement, the information is published on the Platform.
5.5. The Lessor may edit the information about the Accommodation Facility through the Personal Account after its publication on the Platform. The information about the Accommodation Facility is published on the Platform in accordance with clause 5.4 of the Agreement.
5.6. By posting the information specified in clause 5.1 of the Agreement, the Lessor guarantees that the Accommodation Facility belongs to them by ownership and is not encumbered by third-party rights, including but not limited to: not being in dispute, under arrest, subject to a pledge, or transferred for rent or other use.
5.7. The Lessor must notify GetDesk of the transfer of ownership or other proprietary rights to the Accommodation Facility, as well as any restrictions on these rights, within one (1) calendar day from the date of their state registration.
5.8. By clicking the “Publish” button, the Lessor confirms that they have reviewed and agree to the terms of the Agreement and consent to the processing of personal data.

6. Booking

6.1. After the information specified in clause 5.1 of the Agreement is published on the Platform, the Premises of the Accommodation Facility become available for booking by Lessees.
6.2. Booking of the Premises of the Accommodation Facility is carried out by the Lessee by selecting the Premises, booking period, and specifying the number of copies of the selected Premises.
6.3. The Lessee makes payment in accordance with the terms specified by the Lessee in the order placed on the Platform.
6.4. After successful payment, the booking is considered created, and a confirmation of the successful completion of the booking procedure is sent to the Lessee and the Lessor.
6.5. The Lessee may search and select Premises and make Bookings around the clock, with confirmation depending on the type of Booking selected by the Lessor.
6.6. The Lessor may choose and specify one of the following types of Booking confirmation for the Accommodation Facility:
1. 6.6.1. Instant Booking — The Lessee automatically receives confirmation of the Booking made. No additional confirmation from the Lessor is required.
2. 6.6.2. Booking with Confirmation — The Lessor must confirm or reject the Booking within three (3) business hours from the moment the Lessee makes the Booking.
3. 6.6.3. A notification of confirmation or rejection of the Booking made by the Lessee is sent to the Lessee via the Platform.

7. Booking Cancellation Rules

7.1. In the event of circumstances where the Lessor realizes that they cannot provide the Premises of the Accommodation Facility for Booking, including in the declared scope and proper quality, before or during the Booking, the Lessor assumes all risks associated with potential cancellation and, at their own expense without charging additional fees to the Lessee, makes every effort to provide alternative accommodation options of the same or higher class in the same or another Accommodation Facility under the Booking conditions for the booked period at their own expense.
1. Such a Booking is not canceled, and the Parties consider it Completed; the Agent’s Fee for such a Booking is accrued and paid.
7.2. In case the Lessor is unable to fulfill the conditions of clause 7.1 of the Agreement, the Booking is canceled under the following conditions in accordance with Annex No. 2 to the Agreement:
1. 7.2.1. If the Booking is canceled before the start of the Premises’ use by the Lessee, the Lessee is refunded the full cost of the Premises Booking.
2. 7.2.2. During the use of the Premises (e.g., using the Premises for one or more days and vacating before the end of the booked period), the Lessee is refunded the cost of the unused days/hours by the Lessee, plus the cost of one additional day/hour.
7.3. In case of Booking cancellation by the Lessee (Annex No. 1 and Annex No. 2 to the Agreement):
1. 7.3.1. Before the start of the Premises’ use, it depends on the time remaining from the payment of the Booking to the start of the Booking and is carried out according to the following rules:
  1. "Early Booking" – the interval between the moment of payment and the start of the Booking is 96 hours or more:
    - Free cancellation period – the first 24 hours after payment.
    - Partial refund – 50% of the Booking cost (applies after the free cancellation period).
    - No refund available in the last 48 hours before the start of the Booking.
  2. "Advance Booking" – the interval between the moment of payment and the start of the Booking is from 24 hours to 96 hours (non-inclusive):
    - Free cancellation period – the first 12 hours after the Booking payment.
    - Partial refund – 50% of the Booking cost (applies after the free cancellation period).
    - No refund available in the last 4 hours before the start of the Booking.
  3. "Urgent Booking" – the interval between the moment of payment and the start of the Booking is from 3 hours to 24 hours (non-inclusive):
    - No free cancellation provided.
    - Partial refund – 50% of the Booking cost (applies immediately after payment).
    - No refund available in the last 3 hours before the start of the Booking.
  4. If the interval between the moment of payment and the start of the Booking is less than 3 hours, no refund is available.
2. 7.3.2. During the use of the Premises (e.g., using the Premises for one or more days and vacating before the end of the booked period), the Lessee is refunded 50% of the remaining amount paid for the Booking, minus the cost of used days/hours and an additional cost of one day/hour.

8. Payment Procedure Between the Parties

8.1. The Agent’s Fee for performing the actions specified in clause 3.1 of the Agreement is 0 (zero) percent (excluding VAT due to GetDesk’s use of the simplified taxation system in accordance with Russian Legislation) of the total amount of completed Bookings, as well as the total amount of funds withheld by GetDesk from the Lessee in accordance with the Booking cancellation rules specified in Section 7 of the Agreement.
8.2. The Agent’s Fee specified in clause 8.1 of the Agreement and/or the payment transfer procedure specified in clause 8.5 of the Agreement may be amended by GetDesk and agreed with the Lessor via email.
8.3. The Agent’s Fee is deducted by GetDesk from the funds to be transferred to the Lessor.
8.4. Funds received by GetDesk for completed Bookings, as well as those withheld from the Lessee in accordance with the Booking cancellation rules, excluding the Agent’s Fee, are transit funds, belong to the Lessor, are held by GetDesk until transferred to the Lessor’s account, and are not considered a commercial loan under Article 823 of the Civil Code of the Russian Federation (no interest is accrued for the use of third-party funds).
8.5. GetDesk transfers funds for completed Bookings to the Lessor’s bank account specified by the Lessor on the Platform when creating the Accommodation Facility, minus the agreed Agent’s Fee, within the following terms:
- within 7 (seven) business days for completed Bookings if the booking period does not exceed 30 days;
- within 7 (seven) business days for every 30 days and immediately after the end of the booking if the booking period exceeds 30 days.
8.6. Banking services related to the transfer of funds under the Agreement are paid by the Party performing them.
8.7. All settlements between the Parties are made in Russian rubles.
8.8. The Parties’ obligations to transfer funds under the Agreement are considered fulfilled from the date the funds are debited from GetDesk’s bank account.

9. Procedure for GetDesk Reporting

9.1. In the Personal Account, the Lessor can download a GetDesk report for the past month in the form specified in Annex No. 3 to the Agreement, generated based on the data contained on the Platform.
9.2. The report generated by GetDesk in the form specified in Annex No. 3 to the Agreement is deemed sufficient for the purposes of fulfilling paragraph 1 of Article 1008 of the Civil Code of the Russian Federation.
9.3. If the Lessor has objections to the GetDesk report, they must send substantiated objections to GetDesk’s email welcome@getdesk.com within 7 (seven) business days from the start of the month following the reporting period. Otherwise, the GetDesk report is considered accepted, and the Lessor’s assignments to GetDesk are deemed fulfilled. Subsequent claims are not accepted.
9.4. The Parties resolve discrepancies within 7 (seven) business days, after which GetDesk updates the report data in the Lessor’s Personal Account with the amounts agreed upon by the Parties.
9.5. If a reconciliation reveals a debt, the Party owing the debt to the other Party transfers the debt amount within 10 (ten) business days to the other Party’s bank account.

10. Liability

1. 10.1. The Platform is provided “as is.” GetDesk is not liable for issues arising during the Platform’s operation, including compatibility issues with other software products (packages, drivers, etc.), discrepancies between the results of using the Platform and user expectations, calculation errors, etc.
2. 10.2. GetDesk is not liable for the safety of information uploaded to the Platform and/or generated during the Lessor’s use of the Platform. In case of Agreement termination, GetDesk blocks the Personal Account.
3. 10.3. GetDesk is not liable for the accuracy and completeness of the information provided by the Lessee or for their financial obligations to the Lessor.
4. 10.4. The Lessor is responsible for fulfilling their obligations under this Agreement.
5. 10.5. The Lessor is responsible for the accuracy of the information on the Platform and guarantees that the information posted by them is up-to-date and accurate. Otherwise, the Lessor bears all consequences of such inaccuracies and is fully responsible.
6. 10.6. The Lessor is responsible to the Lessee for the quality of the Booking services provided and their compliance with the requirements stated by the Lessee before the Booking.
7. 10.7. For actions specified in subclause 4.1.6 of the Agreement without GetDesk’s prior written consent, the Lessor, upon GetDesk’s written request, pays a fine of 50 (fifty) percent of the total amount of completed Bookings for the reporting period in which the violation was recorded.
8. 10.8. The Lessor is responsible for the content and form of the information, the use of intellectual property objects in the information, and the absence of information mandatory for publication under Russian Legislation. Accordingly, the Lessor undertakes to resolve all disputes, claims, lawsuits, orders, demands, or other statements from third parties and/or government authorities received by either the Lessor or GetDesk regarding the information posted on the Platform at their own expense.
9. 10.9. The Lessor undertakes to compensate GetDesk for all financial losses in the event of the following circumstances:
  1. 10.9.1. claims and/or demands from third parties and/or state/municipal authorities, banks, and/or payment systems in the context of resolving a financial dispute due to “service not provided” related to the provision of Booking services, as well as the absence of mandatory information required by Russian Legislation;
  2. 10.9.2. in connection with GetDesk’s use of intellectual property objects in the information posted on the Platform;
  3. 10.9.3. holding GetDesk liable for violations of consumer protection legislation obligations;
  4. 10.9.4. holding GetDesk liable for violations of the established procedure for processing personal data if such liability arises due to the Lessor’s non-compliance with personal data legislation.
10. 10.10. The Lessor undertakes to compensate GetDesk’s financial losses within 10 (ten) business days from the moment GetDesk submits a corresponding written request and copies of documents confirming the losses to be compensated.
11. 10.11. The Parties are released from liability for breaching their obligations under the Agreement if the breach was not their fault.
12. 10.12. If, after confirming a Booking for specific Premises, the Lessor or Lessee cancels the Booking and subsequently enters into a rental agreement for the same Premises and dates directly (bypassing the Platform’s functionality), the Lessor undertakes to pay GetDesk a commission in the amount specified in clause 8.1 of the Agreement (in percentage) of the Booking cost that the Lessee and Lessor could have executed through the Platform. This commission is payable by the Lessor within 5 (five) business days from receiving GetDesk’s corresponding written request. The commission amount remains unchanged regardless of the terms of the rental agreement concluded between the Lessee and Lessor bypassing the Platform.
Suspension of Accommodation Facility Publication
1. 10.13. GetDesk may suspend the publication of an Accommodation Facility on the Platform in the following cases:
  1. 10.13.1. Publication of incorrect or misleading information about the Accommodation Facility in the Personal Account.
  2. 10.13.2. Refusal to accept a Booking at the price specified in the Personal Account.
  3. 10.13.3. Refusal to provide the booked Premises for temporary possession and use by the Lessee at the price specified during the Booking.
  4. 10.13.4. Failure by the Lessor to take action within the specified timeframe for a Booking requiring confirmation.
  5. 10.13.5. Presence of one or more substantiated complaints about the Accommodation Facility, Premises, and/or Lessor.
  6. 10.13.6. Presence of reviews about the Accommodation Facility showing signs of falsification.
  7. 10.13.7. Inappropriate or unprofessional behavior toward Lessees and/or GetDesk.

11. Dispute Resolution

11.1. All disputes arising between the Parties under this Agreement or in connection with its execution will be resolved by the Parties through direct negotiations and/or by sending written claims. The pre-trial claim procedure is mandatory. A claim is sent in writing to the email address of the Party. The response period for a claim is no more than 30 (thirty) business days from the moment it is received by the Party.
11.2. Complaints and claims regarding the provision of Premises for temporary possession and use are handled by the Lessor independently.
11.3. GetDesk is not liable for the performance of the Rental Agreement concluded between the Lessor and the Lessee.
11.4. If a dispute cannot be resolved between the Parties, it is referred to the Arbitration Court of the City of Moscow.
11.5. If GetDesk receives a written statement from a Lessee with claims regarding the provision of Premises for temporary possession and use, GetDesk forwards such statements to the Lessor’s email address specified during registration.

12. Force Majeure

12.1. The Parties are released from liability for non-fulfillment or improper fulfillment of obligations under the Agreement if proper fulfillment was impossible due to force majeure, i.e., extraordinary and unavoidable circumstances under the given conditions, including prohibitive actions by authorities, accidents on power lines and power plants, civil unrest, epidemics, blockades, embargoes, earthquakes, floods, fires, or other natural disasters.
12.2. In the event of such circumstances, the Party must notify the other Party within 10 (ten) business days.
12.3. A document issued by an authorized state body is sufficient confirmation of the existence and duration of force majeure circumstances.
12.4. If force majeure circumstances persist for more than 30 (thirty) calendar days, each Party may unilaterally terminate the Agreement.

13. Confidentiality

13.1. The Parties undertake not to disclose any information about each other containing confidential information obtained during cooperation under the Agreement.
13.2. Confidential information includes scientific, technical, organizational, commercial, and other information that has actual or potential commercial value due to its unknown status to third parties and/or due to its inherent properties, to which there is no free access on legal grounds, constituting a commercial or official secret, including information inaccessible to third parties due to measures taken by the Parties to protect its confidentiality.

14. Term, Amendment, and Termination of the Agreement

14.1. The Agreement is concluded for an indefinite term and takes effect from the moment of sequential performance of the actions specified in Section 2 of the Agreement (Acceptance).
14.2. GetDesk may unilaterally amend the Agreement. Amendments take effect the day following the posting of the new version of the Agreement on the Platform.
14.3. The Lessor undertakes to independently review the current version of the Agreement each time before using the Platform. Using the Platform signifies the Lessor’s agreement with the new version of the Agreement. In case of disagreement with any provision of the Agreement and/or its annexes, the Lessor must send GetDesk a termination notice to the email address.
In this case, the Agreement is deemed terminated on the date specified by the Lessor in such notice or, if no date is specified, three (3) calendar days after GetDesk receives the termination notice.
14.4. In the absence of a termination notice from the Lessor within the specified period, the amendments are deemed accepted by the Lessor, apply, and are effective for all Lessors who accepted the previous version of the Agreement.
14.5. The Lessor must regularly monitor the Platform for changes to the Agreement and bears the risk of non-fulfillment or improper fulfillment of this obligation.
14.6. Either Party may terminate the Agreement out of court by sending written notice to the other Party at least 14 (fourteen) calendar days before the intended termination date:
1. 14.6.1. The Lessor must send a written termination notice to the email address via the Support Service.
2. 14.6.2. GetDesk must send the Lessor a written termination notice to the email address specified by the Lessor during registration.
14.7. Upon termination of the Agreement for any reason, the Parties draw up a reconciliation act for mutual settlements and, if necessary, perform final settlements.
14.8. In case of termination of this Agreement: The Lessor must provide services for all Bookings made up to and including the termination date, unless otherwise agreed by the Parties. If unable to fulfill this obligation, the Lessor informs GetDesk.
14.9. Termination of the Agreement does not release the Parties from liability for all obligations arising during its term.

15. Other Provisions

15.1. The exchange of documents between the Parties is carried out via the Support Service.
15.2. The Parties agree that all documents sent via email to the Support Service have the same legal force as documents with handwritten signatures, create rights and obligations for the Parties, and may be used as evidence in court.
15.3. Any files attached to an email are an integral part of that message.

16. Addresses and Details of the Parties

GetDesk

GetDesk LLC
OGRN 1247700770822
INN 9721243260
KPP 772101001
Legal address: 109444, Moscow, inner-city municipal district Vykhino-Zhulebino, Ferganskaya St., 6, bldg. 2, room 3/4
Email address: welcome@getdesk.com
General Director / Uvatenko Y. Vl.
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