Customer - a private individual having legal capacity in accordance with Russian law, who is recognized as a participant of civil-law relations, or a legal person registered in accordance with Russian legislation, or an individual entrepreneur, registered in accordance with Russian law. Technological services - services in the field of computer and telecommunication technologies, provided by the Contractor to the Customer.
The services consist of Subscription services. Cloud resources - computing resources or services of the Contractor located on its technological platform. The composition and configuration of the resources, services of the Contractor are given in Appendix No. Subscription services - standard service package which is provided continuously. The services are provided on an ongoing basis throughout the term of the Agreement, in accordance with the Customer tariff plan.
Tariff plan - standard rates from the tariff list or set of parameters and services selected by the Customer, which are listed in Appendix 2 "Cost of services" and at www. Страница 1 из 15 Information System hereinafter referred to as IS - a set of software applications and content, which have useful functions that fulfil Customer requirements.
It may be the property of the Customer or made available to him or her by the Contractor on the basis of a separate Agreement signed by the Parties. Confidential information represents all information that is not publicly available, provided by one Party to the other in connection with this Agreement, except any information that the Party defines as non-confidential and which is not confidential in accordance with applicable Russian legislation.
Reporting period means one month.
Business day means a day officially considered this year as a working day in the Russian Federation in the five-day working week. Level of service - the service quality parameters. Service delivery stage - a stage in which the obligations under the Agreement are fulfilled, including the completion of the reporting period, the completion of the Services rendered under the Agreement. Website - the website of the Contractor, a public resource that all Internet users can access, which is located at www.
UTD - Universal transfer document, a primary Contractor accounting document. Dashboard - the interface for accessing services: Available after the Customer becomes a user by signing up at https: VDC - Virtual Data Center - A service in which the user is provided with a virtual infrastructure cloud resources, virtual machines. A description of the Services, a list of the Services and their cost are published on the Contractor website at www.
It is deemed that the Customer fully and unconditionally accepts this Agreement, in accordance with Art. If necessary, the Contractor has the right to involve third parties to assist in the execution of the obligations under this Agreement, and the Contractor is fully responsible to the Customer for the actions of third parties. Unilaterally change the prices for the Services it provides with the mandatory notification of the Customer in writing within a period of not less than ten 10 calendar days prior to the entry into force of the new prices.
If the Customer does not reject the new prices in the given time period, it is deemed that the Customer gives consent to these changes. In case of late payment by the Customer or any other failure to perform or improper performance by the Customer of his or her obligations under this Agreement to suspend the provision of the Services. Страница 3 из 15 Obligations of the Contractor Provide the Customer with the Services to the extent and within the time limits provided for in this Agreement. Keep a record of resources used and payment made by the Customer for the Services provided in accordance with the Specifications and cost of the Services.
Provide round-the-clock storage, maintenance and monitoring of the performance of the equipment that hosts the Customer resources during the entire term of the Agreement. In the case of the provision by the Customer to the Contractor of account information to access cloud resources, to ensure the confidentiality of such information in accordance with para.
TERMS AND DEFINITIONS
Provide the Customer with a unique username and password allowing him or her to manage orders on the Contractor website. This information is sent to the e-mail address of the Customer after registration.
Provide the necessary data to connect to the Service and configure the software. Provide the Customer round-the-clock support by e-mail receipt and registration of tickets. Provide Customer support by phone on weekdays from The Service does not include the receipt and transfer of Customer e-mails to the Contractor office, configuration or diagnosis of the personal computer, modem or software of the Customer, both in the Contractor office and at the workplace of the Customer, as well as Internet skills training.
Obligations of the Customer Request the Services on the website of the Contractor from his or her workplace. Fill in all the fields on the order form with correct information.
The Contractor is not responsible for any consequences arising from the entry of incorrect information. In the event of the requirement to authenticate the identity of the Customer, provide all the data requested by the Contractor to carry out such a check. Pay for the Contractor Services to the amount and within the timeframes herein. Independently monitor the state of his or her Personal Account. Страница 4 из 15 Keep any relevant financial documents confirming the Service payment.
Independently monitor compliance with netiquette. In turn, the Contractor takes no action in respect of Customer client violations revealed earlier than 24 hours after they are discovered. When using the Services comply with the requirements of current Russian and international law, and not post on the site illegal material pornography, the promotion of inter-ethnic or inter-racial strife, terrorism, drugs, etc. Sign the universal transfer document of the Services provided and send it to the Contractor within three 3 business days of its receipt.
In case of disagreement send the Contractor a reasoned refusal to sign the UTD. In the case of non-receipt of the signed UTD or a reasoned refusal to sign the UTD within 5 five working days, it is considered that the Services provided meet the requirements of the Agreement and are accepted by the Customer user in full, as evidenced by the UTD, which was signed by the Contractor.
Provide the Contractor in the agreed time any technical and organizational materials, documents and information requested by the Contractor to render the Services.
Методология постановки "сложного учета НДС"
In the case the Contractor provides access to account information, ensure its confidentiality in accordance with article. At the request of the Customer, the Contractor provides backup service for virtual machines selected by the Customer. Backup is performed according to the backup policy, as given in Appendix No. The Customer selects the required Service and sends to the Contractor a Service request form in the form provided on the website.
On the basis of the form received the Contractor invoices the Customer for the selected Service. The Services are provided to the Customer during the entire term of the Agreement, subject to the Customer maintaining a positive balance on his or her personal account hereinafter PA. The date on which the Subscription services under the Agreement are initially provided is deemed the date of payment by the Customer for the Subscription services.
If within 14 fourteen calendar days the Customer fails to make payment for the VM backup Service, the Contractor is entitled to delete all Customer VM backups. The monthly cost of the Services is determined in Russian rubles on the date the Customer is invoiced. Invoices are issued in Russian rubles. All payments under this Agreement are made in non-cash form in Russian rubles.
The date of payment is deemed the date the funds are credited to the account of the Contractor. The Customer can make the payment using the international payment systems in real time on the website, or by other means. A copy of the payment order with a bank stamp, sent to the Contractor by fax, email or other method, is deemed proof of payment. Settlements between the Parties in respect of additional payments or refunds are made on the basis of the bilateral accounts reconciliation statement and the invoice issued no later than 5 five working days from the date of signing by the Parties of the accounts reconciliation statement.
All payments under this Agreement are made by the Customer in his or her Dashboard to the Contractor account details specified in Article 19 of this Agreement. All costs associated with the transfer of funds to the account of the Contractor are assumed by the Customer. In case of change in the Service tariffs under this Agreement, any previously made Customer payment for these Services is not recalculated according to the new tariffs during the reporting period. In this case, the Services are considered paid for the reporting period, and the Contractor undertakes to provide them in accordance with the terms of this Agreement.
Payment is made in a time period, which is calculated in days, unless otherwise provided in Appendix No.
The minimum period for which payment is made is one day, unless otherwise provided in Appendix No. The Subscription fee is a fixed fee and is paid by the Customer, regardless of whether he or she uses the Service. Only the Customer is responsible for the accuracy of any payments. Customer refunds are performed by the Contractor within 30 thirty business days from the date of receipt of the request in the cases specified in the Agreement sub-section If the Customer received free gifts and bonuses with his or her order, they are deducted from the amount refunded to the amount equivalent to the value of the free gifts and bonuses received.
The Service is considered to be provided in full and with the appropriate quality, if within 5 five days from the date of issuing the UTD, the Contractor does not receive a written reasoned rejection of the acceptance of this stage of the Services. If the Customer submits a reasoned rejection to accept the Services, the Parties, within ten 10 calendar days, draw up a jointly agreed report with a list of the required alterations and deadlines for their implementation.
These alterations are made by and at the expense of the Contractor. A repeated delivery and acceptance of Services is performed by the Customer in accordance with this Agreement. Страница 7 из 15 The Contractor is entitled to suspend the provision of the Services in the following cases: In the case of non-payment or incomplete payment - until full payment is made. In the event of force majeure circumstances, which impede the quality provision of the Services to the Customer - until said circumstances no longer apply.
If the Customer sends via the Internet any information which is contrary to the requirements of Russian legislation or international law. The term sending implies mass mailing of multiple emails to multiple recipients and multiple mailing to one recipient, and the use of details web pages, e-mails located on the Contractor servers when performing such actions through another provider.
The term messages implies e-mails, ICQ, and other similar means of information exchange. If the Customer publishes, copies or disseminating any information or software which contains computer virus codes or other such components. If the Contractor receives a legal order of the termination of Services from any state regulatory or other competent authority and until the termination of the order. Страница 8 из 15 If the Contractor is ordered by a responsible representative of the Customer to suspend the provision of Services.
The Services are suspended until such time as indicated in the order, or until the authorized representative of the Customer cancels it. The time the Services are suspended on the grounds specified in Article 9. The suspension of the Services does not release the Customer from his or her obligations under this Agreement, including the obligation to make monthly payments. In case of violation of the rules of the trial period given on the website www.
Each Party is solely responsible for compliance with licensing legislation in respect of the hardware and software used by staff members. None of the Parties under any circumstances are liable to the other Party for any "indirect" losses, which include, but are not limited to, loss of income, profits, anticipated savings, business or reputation. The Customer and Contractor are responsible to each other for the validity, accuracy and completeness of the specifications, documents, data and other information sent to each other.
If one of the Parties uses false or incomplete information provided by the other Party, the Party which has received the information is not liable for the consequences of its actions on the basis of the false information provided. The maximum Contractor liability for improper provision of the Services under this Agreement is set at the amount paid by the Customer for the provision of the respective Services under the Agreement, during the reporting period in which the Services were rendered improperly.
Страница 9 из 15 Liability of the Customer The Customer is liable to third parties if any claims are presented by such third parties, who entered into an Agreement for Services with the Customer, which are partly or fully rendered by the Customer using the Services of the Contractor. The Customer is responsible for observing the rights of the Contractor and third parties to intellectual property, exclusive rights, patent, copyright, or other related rights protected by law.