Agreement for the use of "MyRent" services
The Parties enter into this Agreement in accordance with the provisions of Articles 437 (Freedom of Contract) and 444 (Accession Agreement) of the Civil Code of the Republic of Armenia.
1.Parties
a. Client
An adult, able-bodied individual who meets the requirements of this Agreement and has concluded this Agreement by joining, namely by registering in the Personal Account using the Lessor's website MyRent.club, who has completed the Subscription and signed the Property Transfer and Acceptance Certificate.
b. lessor
"Individual entrepreneur Alexey Shmakov" hereinafter referred to as the "Lessee", acting on the basis of state registration certificate N273.1268620 dated 10.10.2022.
2. General provisions
a. Subscription
This is the Client's request and the Lessor's obligation to lease the Property for one month for the purpose of using it in business and other professional activities, and after receiving the Property, provide consulting, service and other services to the Client. The beginning of the Subscription is counted from the moment of transfer of the Property. The Client makes a Subscription in the Personal Account on the MyRent.club Website. The subscription is considered issued only after its payment.
The subscription also includes consulting, service and other services for the Client regarding the relations arising from this Agreement, and within the limits specified in the Agreement, while for some services an additional fee may be provided.
f. Personal Area
A set of protected pages of the Site, as well as those created for the Client as a result of registration on the Site and available to him, provided that he enters his phone number, which is the client's identifier. In the Personal Account, the Client can view information about the subscription, as well as perform actions necessary for the execution of the Agreement.
g. Personal data
When filling out the registration form, the Client undertakes to indicate reliable personal data about himself in full, without using abbreviations.
h. The fact of registration in the Personal Account on the Lessor's Website
By itself, the fact of registration in the Personal Account on the Lessor's Website is not a fact of concluding this Agreement by joining. The Agreement is recognized as concluded only after the signing between the Parties of the Act of acceptance and transfer of the Property.
A Client registered in the Personal Account, but who has not completed a Subscription (i.e., has not signed the act of acceptance and transfer of the Property), is recognized as a Potential Client. Provisions of Section “9. Other conditions" as a separate offer. By registering in the Personal Account on the MyRent.club Website, the Potential Client provides an acceptance of such an offer, as well as his consent to the terms of this Agreement and, in particular, section “9. Other conditions."
i. Requirements for the Client
Before concluding this Agreement, the Lessor checks the Client for compliance with the following features:
- the age of the Client is at least 18 (eighteen) years;
- there are no active enforcement proceedings in relation to the Client;
- the Client has no debt to the Lessor under previously concluded similar agreements;
- the Client does not violate the rules for using the Property of the Lessor under previously concluded similar agreements.
This Agreement may contain other requirements for the Client.
In case of non-compliance of the Client with the specified requirements, the Lessor has the right to refuse to conclude the Agreement.
3. Subject and description of the Agreement
a. Subject of the Agreement
The Client registers in the Personal Account on the Lessor’s Website and makes a Subscription, and the Lessor leases the Property in a complete set in accordance with the Transfer and Acceptance Certificate and provides the Client with consulting, service and other services for the Client. The Client pays for the Subscription and uses the Property, as well as other benefits specified in this Agreement.
b. Property
Things owned by the rights of ownership or other real right to the Lessor, which he provides to the Client under the Subscription. Within the framework of this Agreement, only movable property is used, as indicated in paragraph 2 of Art. 134 of the Civil Code of the Republic of Armenia.
c. Accession agreement
The Agreement between the Parties is concluded solely by joining the Client to the terms of this Agreement.
d. Publicity of the Treaty
This Agreement is not public. The Lessor has the right to refuse anyone who wishes to conclude this Agreement without explaining the reasons for such refusal.
e. Mixed nature of the Treaty
This Agreement is mixed, i.e. it has the characteristics of a lease agreement, a service agreement and a subscription service agreement.
f. Rental relations
The norms of civil legislation on rental do not apply to this Agreement, since the Agreement governs relations based on the Subscription, which includes consulting, service and other services for the Client.
g. Validity of the Treaty
This Agreement applies to all types of property rented by the Client through the Personal Account by using the MyRent.club Site
4. Payment procedure
a. Subscription Payment
Payment is made when subscribing. Payment is made on the Lessor’s Website or using a payment link sent to the Client via instant messengers or SMS messages by linking your bank card(s) to the MyRent Service, which are automatically integrated with the MyRent Service and from which funds will be debited on account of payments, fines stipulated by the Agreement. When renewing a subscription, the fee is deducted from the linked card. At the same time, the Client can choose a linked bank card, from which payments will be debited as a priority.
b. Active and passive cards
The client has the right to indicate several personal bank cards, one of which is active (from which monthly debits are made), and the rest are passive.
In case of insufficient funds on the active card, the Lessor has the right to write off funds to renew the subscription / pay off fines from any of the passive cards unilaterally.
The Client has the right to send a request to delete the data of a personal bank card (or several cards) from the Personal Account, while the Lessor is obliged to delete them only if the Client has no debts and fines, and also only after the subscription period ends and the leased property is returned.
c. Lack of funds
If there are no funds on all the linked cards of the Client sufficient to pay for the renewal of the Subscription, the Lessor shall contact the Client in any convenient way to clarify the need for renewal. If the Subscription is renewed, the Client must, within 48 hours from the end of the Subscription, ensure that the active card has the amount to pay for the renewal of the subscription, which will be debited automatically.
In case of impossibility or unsuccessful attempt to contact the Client, the Subscription is not subject to renewal.
d. Subscription Cost
The cost of one month of the Subscription is set in accordance with the price list posted on the Lessor's Website.
The Subscription price includes, but is not limited to, the lease of the Property, service related to the natural wear and tear of the Property, within the limits defined by this Agreement; consulting services, including the work of the operator service, as well as other services provided for by this Agreement.
e. Writing off fees and fines
The Client provides a pre-given acceptance for debiting the payments and fines stipulated by the Agreement from the linked active (s) (or passive (s)) in the Client's Personal Account of the bank (their) card at the request of the Lessor. Payment of all fines provided for by this Agreement, as well as any other payments provided for by the terms of this Agreement, is made without acceptance by debiting the relevant amounts of money from the Client's bank card(s).
f. Linking a personal bank card
The Client is obliged to use bank cards issued in the name of the Client. In case of using someone else's bank card, the Client pays a fine to the Lessor in the amount of 6500 AMD for each revealed fact of such use. In this case, in the event that the bank card owner claims to return the funds, it is the Client who is the person who is obliged to return the funds to the bank card owner.
5. Receipt of property
a. Delivery
Departure of the Courier to the Client for the transfer of the Property. The terms and cost of delivery for different types of Property may vary. Information about the cost and terms of delivery is posted on the Lessor's Website. The Client can also independently pick up, replace and return the Property to the address of the Lessor during the service hours.
b. Delivery clearance
Within 24 hours after the subscription is made, the Lessor agrees with the Client on the date, time and place of transfer of the Property.
c. Transfer of Property
Confirmed by Act. The Landlord enters the Client's passport data into the Act, and also produces a personal photograph of the Client together with his passport, open on the spread with a photo (selfie).
The Client inspects the Property and, if there are any damages, fixes them in the act. The absence of damage marks means that the Property was transferred without any defects. In addition, the Lessor has the right to request a video of the Client to verify his identity during registration, or at any time after registration is completed.
c1. If the Client's data specified in the Personal Account on the Website does not match the data of the identity document presented during the transfer of the Property, the Act shall contain information in accordance with the document. In this case, the Client is the person whose data is specified in the Act, and the property can be transferred only if such person is registered in the Personal Account on the Site. All rights and obligations in accordance with this Agreement shall be borne by such person.
c2. The Landlord guarantees the confidentiality of the Client's photo taken when subscribing.
c3. By subscribing, the Client agrees to the collection and storage of the information specified in this clause. If the Client refuses to take photographs, he is considered to have refused to conclude the contract, and this circumstance is not considered consumer discrimination.
d. Refusal to receive Property
The property is not transferred and the rent is returned within 10 business days if:
− The Client refused to receive the Property before the signing of the Act.
– The Lessor refused to transfer the Property to the Client for any reason, including those specified in paragraphs. "i" p. 2, pp. "j" clause 9 of this Agreement, or without explanation thereof.
6. Use and return of Property
a. Use of Property
The Client is obliged to comply with the procedure, conditions, restrictions on the use and storage of the Property, as well as to familiarize himself with the technical characteristics of the Property. This information is provided by the Lessor complete with the Property and/or posted on the Website or in the Client's Personal Account. In the event that the Client has not found the specified information for any reason, he is obliged to request such information from the Lessor within 24 hours from the date of Subscription. Otherwise, he is considered familiar with it.
The use of Property for entrepreneurial and other professional activities is possible only within the framework of special programs for legal entities and couriers, namely by using the MyRent service (https://myrent.club/) and in respect of only that property, the subscription to which is provided by the service "MyRent", or by obtaining the prior written consent of the Lessor for such use.
b. Early return of the Property at the initiative of the Client
Possible by prior agreement with the Landlord. As a general rule, it does not entail recalculation or refund of the rental price.
When returning the Property (unilateral refusal of the Client from the contract), the Lessor has the right to make a partial refund of the funds deducted from the Client for a monthly Subscription. When the Lessor exercises this right, the cost of the Subscription is calculated according to the formula: the cost of the monthly Subscription * 10% * the quatity of days of actual use of the Property (at the same time, such a work cannot exceed the cost of the monthly Subscription to the selected Property); the rest of the money is refundable.
In this case, the Lessor has the right to withhold from the Client the cost of other services (delivery, collection, cleaning, etc.), which are provided free of charge only if the Client maintains the Subscription during the entire period of its validity.
c. Property Replacement
If during the lease the Property breaks down, the Client shall immediately notify the Lessor thereof. The Lessor within 48 hours agrees with the Client on the date, time and place of the replacement of the Property. Replacement implies the acceptance of previously provided Property and the transfer of a new one. In case of complete loss of property, as well as in case of loss of Property, including as a result of illegal actions by third parties in relation to the Client/Property, replacement is possible only after full payment of the Penalty.
Replacement of Property can be made only with the personal participation of the Client.
d. Property return
Within 48 hours from the end of the Subscription, the Client is obliged to return the Property to the Lessor. To do this, the Client agrees on the date, time and place of transfer of the Property at least 24 hours before the actual return of the Property to the courier or independently at the address of the Lessor. Return of the Property is carried out only during the opening hours of the Lessor's service center.
e. Acceptance of Property
The Lessor inspects the Property and draws up a Return Certificate, in which it fixes visible damage.
f. Property cleanliness:
The Client returns the Property in a clean condition, as this is necessary to assess the presence of visible damage. Otherwise, the Client understands that he deliberately makes it difficult to accept the Property and agrees that the Return Certificate may not contain visible damage to the Property, which will later be discovered by the Lessor.
h. Repair
In the event of damage to the Property, the Client undertakes to transfer the Property to the Lessor for repair work. On the fact of the repair performed, an Act of completed work is drawn up.
Repair can also be carried out after the replacement or return of the Property to the Lessor. In this case, the Act of completed work is not drawn up. An expert opinion is sent to the client, which contains information about the identified damages, as well as the nature of their occurrence.
The Lessor has the right to independently (without taking into account the opinion of third parties) determine the fact that there is a need to replace parts of the Property or the fact that such a replacement is not necessary (which does not relieve the Client from the obligation to pay an internal fine for damage to the Property of the Lessor, as well as determine the place and time of repair and maintenance of the Property ;
In the event that it is established that the damage requiring repair has arisen through the fault of the Client, the Client may be charged a fine in the manner and in the amount corresponding to the annexes to this Agreement.
i. Misuse of Property
In case of violation of (i) the terms of the Agreement, or (ii) the procedure, conditions, restrictions on the use and storage of the Property, or (iii) the risk of damage, destruction or loss of the Property, the Lessor has the right, at its discretion, without obtaining the consent of the Client:
- Demand early return of the Property;
- Refuse to replace the Property.
In these cases:
- The Client is obliged to return the Property within 24 hours from the receipt of the Lessor's request. The return of the Property is carried out only during the opening hours of the service;
- The Lessor returns to the Client the cost of the unused part of the Subscription;
- The Client is not entitled to demand replacement of the Property.
j. Unilateral withdrawal from the Agreement
The Lessor has the right to unilaterally out of court at any time refuse to perform the Agreement without explaining the reasons for such a decision. In this case, the Agreement shall be deemed terminated at the moment the notice is sent to the Client by sending SMS messages or by e-mail. If at the time of notification the client has an active subscription, the client undertakes to immediately terminate the lease and return the property of the Lessor.
k. Unilateral act of return.
If the Client left the Property on the territory of the Lessor (within the building where the collection point of the Property is located or near this building), while evading the return procedure and did not sign the Property return certificate, such an Act is drawn up by the Lessor unilaterally using photo fixation and sent Client by email.
If the Client transferred the Property to the Lessor, but refused to sign the Certificate of return, such an Certificate is drawn up by the Lessor unilaterally using photo fixation and sent to the Client by e-mail.
l. Obligation of the Client to personally return the Property
The Client is obliged to return the Property personally or with the help of third parties who have a notarized power of attorney.
At the same time, if the Client has valid reasons, the Lessor may individually consider the possibility of returning the Property with the help of a third party indicated by the Client in the correspondence.
In this case, the Lessor's representative inspects the Property with the use of photo fixation, draws up a unilateral Return Certificate, in which the third party indicated by the Client is obliged to sign, confirming the fact of familiarization with the Certificate. The Lessor sends a copy of the Act to the Client's email address.
Providing the Client with the opportunity to return the Property with the help of a third party indicated by the Client in the correspondence is the right, but not the obligation of the Lessor.
h. Sublease.
It is prohibited to sublease the Property. In case of violations, the Lessor has the right to unilaterally terminate the contract and collect a fine in the amount of 65000 AMD.
i. In case of loss of the Property, including as a result of illegal actions by third parties in relation to the Client/Property, and if it is documented that the Property was left unattended by the Client and was not fastened/fixed with a security lock, the Client undertakes to pay a fine to the Lessor in the amount of 16000 dram
8. Duration of the Agreement
a. Validity of the Accession Agreement
The Agreement shall enter into force upon signing by the Client of the act of acceptance and transfer of the Property and shall be valid for the duration of the Subscription (until the return of the Property), and in terms of the fulfillment by the Client of the obligation to pay payments - until their full execution. The Client has the right to terminate the Agreement at any time by sending an appropriate application, provided that there is no outstanding debt to the Lessor.
b. Validity of individual sections of the Agreement
The provisions of section “9. Other conditions” from the moment of registration of such persons in the Personal Account and until the moment of deletion of their Personal Account.
9. Other conditions
a. Guarantees of the Client (Potential Client)
By registering in the Personal Account, the Client (Potential Client) guarantees:
− Full familiarization with the text of this Agreement, the rules for the use of the Property, as well as its unconditional agreement with them.
− Reliability, relevance and completeness of the information provided.
− After joining the Agreement, taking all available actions to minimize damage to the Property in case of damage or threat of damage.
− After joining the Agreement, immediate notification of the Lessor in case of detection of damage to the Property.
− After accession to the Agreement, fulfillment of additional requirements related to the use of property provided for in the Annexes to this Agreement.
b. Call recording
The Lessor has the right to record telephone conversations without notifying the Client (Potential Client) of such a recording. The Client (Potential Client) agrees that the Lessor has the right to keep such records for 5 years from the date of termination of relations with the Client (Potential Client) in order to improve the quality of service and resolve claims.
c. Exchange of electronic documents
The Parties recognize as legally significant the exchange of any documents under the agreement if they are sent (i) by e-mail or (ii) through instant messaging services, and (iii) through the Personal Account on the Site. The exchange of electronic documents provided for by this paragraph is recognized as the proper correspondence of the Parties.
The Parties also recognize a telephone conversation using the telephone number indicated by the Client during Registration as an appropriate way to transmit legally significant messages, provided that such a conversation is audio recorded.
d. An analogue of a handwritten signature
The Lessor has the right to use for signing documents related to the execution of the Agreement, including acts, facsimile reproduction of the signature of an authorized person and a graphic image of the seal, affixed using mechanical or electronic digital reproduction.
e. Engagement of 3rd parties
The Lessor has the right to involve 3 persons for the provision of the Services, while remaining responsible for their actions.
f. Use of the Site
The Client (Potential Client) is granted a license to use the Site for the purpose of concluding and executing Agreements with the Lessor. The use of the Site for other purposes without the prior written consent of the Lessor is prohibited.
g. Dispute Resolution
The parties agreed on mandatory pre-trial settlement of the dispute. Thus, the relevant Party, no later than 10 (ten) working days prior to applying to the Court, undertakes to send the relevant claim by use, by e-mail or in another way that will ensure that the Party receives the relevant claim.
If disputes are not resolved, all disputes under the Agreement or in connection with it are subject to consideration in accordance with the current legislation of the Russian Federation by a justice of the peace of the court section at the location of the Lessor, or by a district court at the location of the Lessor.
h. Amendment of the Agreement
Produced by publishing a new version on the Site, which equally applies to both new and current Clients (Potential Clients). Continued use of the services of the Lessor means acceptance by the Client (Potential Client) of the terms of this Agreement and amendments to it.
i. Processing of personal data
The Client (Potential Client) provides the Lessor with consent to the processing indicated during registration on the Site for the purpose of joining and executing the Agreement by any means necessary to achieve these goals, including entrusting the processing of personal data to third parties involved by the Lessor for the conclusion and execution of the contract (couriers, contact center operators etc.) for the period necessary to achieve the specified goals, as well as for the purpose of using the Personal Account by the Client (Potential Client). This consent may be withdrawn by sending a written application to the Lessor.
j. Checking a Potential Client
Before subscribing, the Lessor has the right to check the Potential Client on the basis of enforcement proceedings. In the event that pending enforcement proceedings are discovered in relation to the Potential Client, in which the Potential Client acts as a debtor, the Lessor has the right to refuse such a Potential Client to issue a Subscription or if the Potential Client does not agree with the refusal to offer him a subscription for a longer period with 100% prepayment. At the same time, the Parties agree that such a refusal is not considered consumer discrimination and unreasonable refusal of the Lessor to conclude the Agreement.
k. Other provisions
Are determined by the legislation of the Republic of Armenia.
APPENDIX TO THE AGREEMENT FOR THE USE OF "MyRent" SERVICES
ADDITIONAL TERMS OF USE OF THE PROPERTY
MAIN PROVISIONS