for the provision of services in the field of information technology on a prepaid basis
version of 07/20/2020
IP Malkov D.V. (hereinafter referred to as the "Provider"), OGRNIP 320732500022491, publishes this agreement (hereinafter referred to as the Agreement) on the provision of services in the field of information technology (hereinafter referred to as the Services), which is a public offer agreement (offer) in accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation to any individual or legal entity, hereinafter referred to as the "Subscriber".
Acceptance – full and unconditional acceptance of the terms of this offer – is considered to be the registration of the Subscriber in the Automated Settlement System (ASS) of the Provider https://my.virtualdc.ru.
1. SUBJECT OF THE AGREEMENT
1.1. The Provider undertakes to provide the Subscriber with information technology services (hereinafter referred to as the Services), in accordance with this Agreement and the appendices to this Agreement, and the Subscriber, in turn, undertakes to accept these services and pay for them.
1.2. This Agreement contains the following appendices:
1.3. All of the specified appendices are integral parts of this Agreement.
2. RESPONSIBILITIES OF THE PARTIES
2.1. The Provider undertakes to:
2.1.1. Provide the Subscriber with the Services specified in the Agreement 24 hours a day, daily without interruption in accordance with the current Rules (Appendix No. 2) and SLA (Appendix No. 3), with the exception of necessary preventive and/or repair work, as well as the circumstances/factors provided for in Chapter 6 of this Agreement.;
2.1.2. Provide consultations on issues that arise for the Subscriber in connection with the use of the Services in accordance with the Regulations for the work of the provider's specialists (Appendix No. 4).
2.1.3. Provide the Subscriber with a login (ClientID) and password for access to the Automated Settlement System (hereinafter referred to as the ASS).;
2.1.4. Keep records of consumption and payment for Services by the Subscriber using their metering devices.;
2.1.5. Maintain the Subscriber's Personal Account, on which to promptly reflect receipts and write-offs of funds in payment for Services.;
2.1.6. Notify the Subscriber in a timely manner of changes in the cost of Services and the rules for using the Services by publishing the relevant information on the Provider's WWW server or communicating it to the Subscriber by e-mail. In case of disagreement with the new version of the documents, the Subscriber may terminate the Agreement in accordance with paragraph 11.4.;
2.1.7. In accordance with the Privacy Policy (Appendix No. 1), maintain the confidentiality of the Subscriber's information received from him/her upon registration in the ASR, as well as the content of private e-mail messages, except for cases stipulated by the current legislation of the Russian Federation and this Agreement.;
2.1.8. Draw up certificates of completion of work for Subscribers - legal entities. The originals of acts, reconciliation acts or other documents are provided in one of the following ways:
2.1.9 The Subscriber (legal entity) independently chooses the period for delivery of correspondence, notifying the Provider about this in writing, through a request to the sales department in the personal account.
2.1.10 When sending packages of documents, the Provider adheres to the following correspondence delivery regulations:
2.2. The Subscriber undertakes to:
2.2.1. Before accepting (accepting the terms) of this Agreement, carefully read this Agreement and its Appendices. By accepting (accepting the terms) of this Agreement, the Subscriber confirms that he/she has read and agrees with this Agreement, the Appendices to this Agreement, that he/she understands all the terms contained in this Agreement and the Appendices to it.
2.2.2. Fulfill all the requirements set forth in this Agreement and its Appendices during the entire term of this Agreement.
2.2.3. Register in the Automated Settlement System (ASS) of the Provider.
2.2.4. Accept the Services provided by the Provider.
2.2.5. Monitor the status and timely replenishment of your Personal Account (hereinafter referred to as the Account), which records all information on consumed Services and payments, and make timely payments for the Services provided by advance payment.
2.2.6. Read and take note of information on changes to this Agreement, Appendices to this Agreement, as well as other technological and organizational changes published on the WWW server and sent by e-mail by the Provider.
2.2.7. Send to the Provider a copy of the Certificate of Completion of Work received from him and signed on his part, no later than 10 (ten) calendar days from the date of receipt of the Certificate. In the event of any objections to the Certificate, the Subscriber undertakes to notify the Provider of them by registered mail no later than 15 (fifteen) calendar days from the date of the Provider sending the letter with the text of the Certificate of Completion of Work by e-mail. If reasoned objections to the Certificate are not received by the Provider within 30 (thirty) calendar days from the date of the Provider sending the Certificate of Completion of Work by e-mail, the Services rendered to the Subscriber by the Provider are considered accepted by the Subscriber.
3. COST OF SERVICE AND PAYMENT PROCEDURE
3.1. The cost of Services under the Agreement is determined by the tariff plans posted on the Provider's WWW server and in the Provider's Automated Settlement System (ASS), accessible via the links https://vpshoster.ru/ and https://my.virtualdc.ru/billmgr. The cost of services is recorded in invoices and Certificates of Completion of Work.
3.2. Payment for all Services provided to the Subscriber is made in rubles by advance payment to the Provider's bank account. Based on paragraph 2 of Article 346.11 Chapter 26.2 of the Tax Code of the Russian Federation, VAT is not subject to taxation, invoices are not issued. The minimum amount of prepayment and the list of services are established in the Provider's Automated Settlement System (ASS). The minimum period of use of the service, subject to payment by advance payment, is 1 (one) month.
3.3. The Provider, in accordance with the current tariff plans, takes into account information about the consumed Services based on the calculations of its own Automated Settlement System (ASS), as well as the Subscriber's payments on his Personal Account. The Provider provides the Subscriber with access to information about his Account.
3.4. If the funds on the Account are completely exhausted, the Provider has the right to suspend or terminate the provision of Services to the Subscriber. The provision of Services to the Subscriber is resumed after full payment for the suspended Service.
3.5. The Subscriber is responsible for the correctness of the payments made by him. If the Provider's bank details change, from the moment the new details are published in the relevant section of the ACS, the Subscriber is independently responsible for payments made using outdated details.
3.6. Платежные документы оформляются с обязательной ссылкой на номер счета Абонента в соответствии с указаниями в АСР.
3.7. The fact of payment for Services is considered confirmed after receiving information from the Bank about the crediting of funds to the Provider's current account. In case of payment for Services by electronic payment systems, the fact of payment is considered to be the receipt of information from the payment system about the payment.
3.8. In order to automate the payment for Services, the Subscriber can use the Autopayment function. Autopayment is configured by means of the Provider's Automated Settlement System and by means of the payment systems with which the automatic payment is made. By configuring the Autopayment function, the Subscriber agrees that all payments made automatically are made with his knowledge and at his direction.
3.9. For each incident determined by the Provider as a violation of the rules and regulations for using the Services set out in this agreement, its Appendices and Addenda, the Subscriber shall be fined 1,000 rubles. The fine shall be paid in all cases, including those in which the Subscriber did not know that such actions were prohibited, the actions that led to the violation were carried out by third parties without the Subscriber's knowledge, the Subscriber took all actions to prevent such violations in the future.
3.10 In case of refusal to use the Service at the initiative of the Subscriber, provided that there are no violations by the Provider of the established SLA (Appendix No. 3), a refund is not provided.
3.11 Changes to the service tariff plan (except for additional options) are made only upward, i.e. only towards an increase in the tariff plan. Changing the tariff plan (except for additional options) to a lower value is not performed and is not technically possible. When changing the tariff plan, it is paid in full in accordance with the selected tariff plan. In this case, the validity period of the service itself does not change.
3.12 A trial period with an unconditional refund is established only for the services of a virtual dedicated server (VPS server) and hosting for 1C Bitrix. The trial period is 7 days. The trial period does not apply to tariff plans, in the description of which on the company's website the absence of a trial period is clearly indicated. When ordering a tariff plan from ASR, the description of the tariff plan is not taken into account, the restrictions of the tariff plan are indicated only and strictly on the company's website.
4. TERMINATION OF ACCESS TO THE SERVICE
4.1. The Provider may terminate the provision of Services to the Subscriber, or terminate contractual relations with the Subscriber unilaterally, with simultaneous sending of a written or electronic notice, in part of the Services or any additional Service within the main Service, if the Subscriber is involved in actions that violate the rules and regulations for using the Service set out in this Agreement, its Appendices and Addenda.
4.2. If the Subscriber violates the Rules for using the services (Appendix No. 1), the Provider has the right to terminate the provision of Services by sending the Subscriber a corresponding notice.
4.3. In case of early termination of the provision of Services in accordance with this Agreement, a refund is made minus the amounts for payment for the Services that the Subscriber has used since the conclusion of the agreement, as well as the bank commission for receiving/returning funds.
4.4. In case of termination of the provision of Services, its part and any additional Service within the main Service on the basis of paragraphs 4.1., 4.2. of this Agreement, the subscription fee is not returned and is not compensated.
4.5. In case of termination of the provision of Services, the Provider shall not be liable for notifying or failing to notify any third parties about the deprivation of the Subscriber's access and for possible consequences arising from such warning or its absence.
4.6. If the Subscriber fails to make timely payment for the Services under this Agreement, the Provider suspends the provision of Services to the Subscriber for a period of no more than 3 days. After 3 days from the moment of suspension of the provision of Services, if the Subscriber does not renew the suspended service, the Provider deletes the suspended Subscriber Service. From the moment of suspension of Services under this Agreement due to non-payment (incomplete payment) of their cost and until the moment of deletion of the Subscriber's server, or resumption of the provision of Services, the Subscriber undertakes to pay the Provider an amount equal to the cost of providing Services for a similar period.
5. LIMITATION OF LIABILITY
5.1. The Provider, observing the service level agreement (SLA - Appendix No. 3), does not guarantee absolute uninterruptedness or error-free Services, and does not guarantee that software produced by third parties or any other materials used to provide the Services are absolutely protected from computer viruses and other malicious components. The Provider undertakes to take all reasonable measures to protect the Subscriber's information.
5.2. The Provider is not liable for lost profits and any indirect damages incurred by the Subscriber during the period of use or non-use of the Services/Works of the Provider (in full or in part). The Provider is liable for damage caused to the Subscriber as a result of the use or non-use of the Services/Works of the Provider (in full or in part) only if the Provider's fault is proven, in an amount proportional to the share of the subscription fee for the downtime period, minus the amounts of the bank commission upon receipt/return of funds.
5.3. The Provider is not liable for the quality of public communication channels through which access to the Services is provided.
5.4. The Subscriber assumes full responsibility and all risks associated with the use of the Internet through the resources and/or Services of the Provider.
5.5. The Provider is not liable for notifying any third parties about the deprivation of the Subscriber's access and for possible consequences arising from the absence of such warning.
5.6. The Subscriber agrees to indemnify the Provider from liability for claims by third parties who have signed Agreements with the Subscriber for the provision of Services, which are partially or fully provided by the Subscriber using the Provider's Services.
5.7. The Provider shall under no circumstances be liable to the Subscriber for indirect damages. The term "indirect damages" includes, but is not limited to: loss of income, profit, expected savings, business activity or reputation.
5.8. If any clause of this Agreement is found not to be subject to literal execution, it shall be interpreted in accordance with the current Legislation, taking into account the original interests of the Parties, while the remaining part of the Agreement continues to be in full force and effect. Failure by the Provider to fulfill any clause of this Agreement does not mean a refusal to fulfill this clause. The established practice of behavior of the Parties, or the practice of providing similar Services cannot be a reason for changing the provisions of this Agreement.
5.9. In the event of unresolved claims between the Parties, each of them may protect their violated rights in the manner established by the Legislation of the Russian Federation.
6. FORCE MAJEURE
6.1. The Parties shall be released from liability for partial or complete failure to fulfill their obligations under this Agreement caused by force majeure circumstances that arose after its conclusion. Such circumstances include, in particular: accidents that resulted in a violation of the integrity of the Provider's network; power outage of the active equipment of the Provider's network; natural disasters; natural and industrial catastrophes; terrorist acts; military actions; civil unrest; adoption by state authorities or local governments of acts containing prohibitions or restrictions on the activities of the Parties under this Agreement; other circumstances that cannot be foreseen or prevented in advance and make it impossible for the Parties to fulfill their obligations under the Agreement.
6.2. In the event of force majeure circumstances that prevent the fulfillment of obligations under this Agreement, the deadline for the fulfillment of such obligations by the Parties shall be extended in proportion to the duration of such circumstances, as well as the time required to eliminate their consequences, but not more than 60 (sixty) calendar days. If force majeure circumstances continue to operate for longer than the specified period, or when, upon their occurrence, it becomes obvious to both Parties that they will operate for longer than this period, the Parties undertake to discuss the possibility of alternative methods of fulfilling this Agreement or terminating it without compensation for damages. In this case, the Provider undertakes to return to the Customer any unused funds under the Agreement.
7. CONFIDENTIAL INFORMATION
7.1. The Parties undertake not to transfer (not to disclose) to third parties commercial and organizational and technological information that constitutes a secret for either Party (hereinafter referred to as "Confidential Information") without mutual consent in cases where:
7.1.1. Such information is not freely accessible on a legal basis;
7.1.2. Such information has actual or potential value due to its being unknown to third parties.
7.2. The Party that has obtained such information by virtue of the Agreement takes appropriate measures to ensure its confidentiality.
7.3. Confidential information is subject to protection for the entire term of the Agreement.
7.4. If the Subscriber is an individual, then in accordance with Art. 6 Federal Law "On Personal Data" No. 152-FZ dated July 27, 2006 for the period of conclusion of this Agreement, the Subscriber expresses consent to the processing of his personal data by the Provider, namely: full name, passport details, address of place of registration/location, telephone/fax number, e-mail address.
7.5. The Provider has the right to process the specified personal data in order to ensure the validity of this Agreement, including providing information and reference services to the Subscriber. The processing of personal data means actions related to personal data, namely: collection, storage, systematization, accumulation, clarification, use, depersonalization, blocking and destruction.
7.6. By accepting the terms of this Agreement, the Subscriber expresses consent to the storage and processing of personal data by the Provider for the purpose of fulfilling the Agreement.
8. PROCEDURE FOR CONSIDERING CLAIMS AND DISPUTES
8.1. Subscriber's claims regarding the Services provided shall be accepted and considered by the Provider only in writing and in the manner prescribed by the current Legislation of the Russian Federation.
8.2. If the Parties fail to reach agreement during the negotiations, the dispute arising from this Agreement shall be subject to consideration in the Arbitration Court (if the Subscriber is a legal entity) or in the court of general jurisdiction at the location of the Provider (if the Subscriber is an individual).
8.3. To resolve technical issues in determining the Subscriber's guilt as a result of his illegal actions when using the Internet, the Provider has the right to independently involve competent organizations as experts. If the Subscriber is found guilty, the latter shall reimburse the costs of the examination.
9. OTHER TERMS
9.1. By this Agreement, the Parties have established that the actions of the Subscriber (his authorized representative) performed in the ASR accordingly change the rights and obligations of the Parties and the conditions established by this Agreement. Until the Subscriber provides information about the change of the authorized representative entitled to act in the ASR, the said person is recognized as the proper representative of the Subscriber. Information from the ASR in writing, certified by the Provider, is proper evidence of changes to the terms of the Agreement.
9.2. The Provider has the right to disclose information about the Subscriber only in accordance with the Legislation of the Russian Federation and this Agreement.
9.3. In case of claims regarding the information content of the Subscriber's resource, the latter agrees to the disclosure by the Provider of the Subscriber's personal data to a third party for the purpose of resolving the dispute directly between the Subscriber and the third party.
9.4. The Provider has the right to change the terms of this Agreement unilaterally. The effective date of the changes is the date of their publication on the Provider's WWW server. In this case, the Subscriber has the right to terminate this Agreement. In the absence of a written notice from the Subscriber within 10 (ten) days, the changes are considered accepted by the Subscriber.
9.5. In order to improve the quality of service to the Subscriber or reduce tariffs, by this Agreement the Subscriber authorizes the Provider to perform actions with domain names on his behalf, such as transferring domain names for technical maintenance to another registrar.
9.6. This Agreement is a public agreement based on Article 426 of the Civil Code of the Russian Federation, the terms of the public agreement are established as the same for all Subscribers, except for cases where the law and other legal acts of the Russian Federation allow the provision of benefits for certain categories of Subscribers.
10. MOMENT OF CONCLUSION OF THE AGREEMENT. ITS VALIDITY.
10.1. The Agreement shall enter into force from the moment of acceptance of its terms by the Subscriber (acceptance of the offer), in the manner established by this Agreement, and shall be valid until the end of the calendar year.
10.2. The Agreement shall be automatically extended for the next year unless either Party has declared its intention to terminate the provision of Services at least 30 (thirty) days before the end of the calendar year in writing. In this case, the Provider has the right to send such a statement electronically via e-mail to the Subscriber's address specified in the ASR.
10.3. Automatic extension of the Agreement shall be set indefinitely.
10.4. This Agreement shall apply to the relations of the Parties from the moment of the Subscriber's registration in the ASR.
11. PROCEDURE FOR CHANGING AND TERMINATING THE AGREEMENT
11.1. The Agreement may be changed by agreement of the Parties.
11.2. The Provider may periodically change this Agreement, its Appendices and Addenda, current tariffs, introduce new Appendices and Addenda to this Agreement, publishing notices of such changes on the official website of the Provider. Continued use of the Service will be considered as consent to the changes and additions made.
11.3. The Agreement may be terminated at any time by agreement of the Parties.
11.4. The Subscriber has the right to unilaterally refuse the Provider's Services at any time (including in case of disagreement with the new version of the agreement), subject to reimbursement to the Provider of the actual expenses incurred up to the moment of termination.
11.5. In case of early termination of the Services to the Subscriber, unused funds shall be refunded upon his/her application, except for cases stipulated by this Agreement and the Appendices hereto. In this case, refunds shall be made only by bank transfer. Funds shall be returned using the same payment system through which the payment was made. If such an option is not available, or if such a method seems unsuitable to the Parties or one of the Parties, the method of refund shall be determined by agreement of the parties. Transfer of refunded funds to a third party at the request of the Subscriber shall not be made.
11.6. In case of termination of the agreement in the event of violation by the Subscriber of the terms of the Regulations, the Provider will not refund the amount of money paid by the Subscriber for the provision of Services under this Agreement.
11.7. An application for a refund of unused funds is drawn up in accordance with the Sample published on the Provider's WWW server. A copy of the Applicant's passport (if the Applicant is an individual) or the document on the basis of which the Applicant acts (if the Applicant is a legal entity) must be attached to the application.
11.8. The entire amount of unused funds is subject to refund, with the exception of funds associated with operating costs for processing the refund procedure (payment system fees).
11.9. The maximum period for refunding funds after the client has submitted all the necessary documents is 10 business days.
11.10. After one year (365 days) from the date of termination of this Agreement or if the Subscriber has not used the Services provided for in paragraph 1.1. of this Agreement for one year, the funds in the Subscriber's Personal Account that have not been requested by the Subscriber for return in the established manner remain with the Provider and are not subject to return.
11.11. For all issues not regulated by this Agreement, the Parties shall be guided by the current Legislation of the Russian Federation.
