Society with limited liability «Digital solutions», hereinafter referred to as "Contractor", acting on the basis of the Charter, and working as a reseller of telematic communication services (license No. 99466 from May 24, 2012) publishes this services agreement, which is a public contract-offer (proposal) to the address of individuals and legal persons, hereinafter referred to as" Client".
1. Subject of the contract
Client authorizes, while the Contractor undertakes to fulfil the following works and services:
1.1 posting information and files on the technical resources of the Contractor, connected to transportation and information channels the Internet in accordance with the terms of this agreement and its annexes are published in the language of the country of execution of this agreement.
1.2. Applications are official documents of the Contractor, an integral part of this agreement and the Executive are set the same for all consumers, except where the law or other legal instrument allowed exemptions to certain categories of consumers.
1.3. Pursuant to the rules of rendering of services is a prerequisite for the Treaty.
1.4. The Contractor hereunder is not a direct party to the transfer, storing and processing of information provided by the Client, and accordingly shall not be liable to third parties for any violations of their rights in connection with the posting of such information.
1.5. Rules for providing application Execution Services is a prerequisite for the Treaty.
1.6. In case the Client's consent to changes in the contract, the contract is continuing its action in the light of these changes. In case of disagreement-he is obliged to notify the Contractor during the period referred to in paragraph 2.3, an official letter with acknowledgment of receipt, in which case the Agreement shall terminate upon the entry into force of the changes.
2. The time of conclusion of the contract and validity of documents
2.1. The text of this agreement is a public offer (according to article 435 and part 2 article 437 of the Russian Civil Code).
2.2. Acceptance of the offer gets the attributes of access rights to own resources Executive or to individual services and/or payment for the ordered services by prepaid in the manner determined by this agreement. When registering on the web site of the Contractor to further Client services necessarily fills all of the requested data, confirming the correctness of the entered information web-interface.
Acceptance by the Client of the present contract means that he agrees with all the provisions of this Treaty and its annexes.
2.3. Changes in the Treaty come into force no less than 5 (five) calendar days from the date of publication.
2.4. The parties hereunder shall recognize the legally binding texts received electronically, together with the documents made in simple written form. An exception to this rule is the exchange of claims, as well as documents for which mandatory written form of the document printing.
2.5. The electronic channels of communication in terms of the present contract-email with specified in this agreement, contact addresses, as well as ticket system on the web server of the performer. In the absence of this agreement, Client or contact information change of contact addresses on the initiative of the Client contact e-mail addresses are deemed to be communicated to the Contractor with the use of the password selected by the Client, or installed by a Client at its own expense in the relevant section of the control panel.
2.6. The Parties shall take full responsibility for the actions of employees who have access to communication channels.
3. Obligations of the parties
3.1. The Contractor undertakes to:
3.1.1. From the moment of detention (acceptance) of the Treaty in accordance with paragraph 2.2. provide Client agencies services subject to conditions specified by Client in this agreement and in accordance with the annexes hereto.
3.1.2. Notify Client of all additions and amendments to the annexes to this agreement not less than 5 (five) days (here and further on the text for one day was adopted one day) prior to their actions by posting such changes on the web site.
3.1.3. The Contractor has the right to suspend the provision of Services for the time necessary to conduct preventive and routine maintenance on equipment previously notifying the Client at least 1 day prior to the commencement of such works.
3.1.4. In case of detection of wrongfully hosted content, as well as in cases when hosted by a Client information violates the legislation in force and the rights of third persons, the perpetrator has an unconditional right to delete such illegally hosted content. The contractor shall not be liable to Client for activities associated with the removal of the violating content laws, as well as for any damages it suffered damage.
3.1.5. The Contractor has the right to take action to remove the disputed content or cessation of Client access to the web site, information which violates copyright and any other rights of any third party, upon receiving notice from copyright owner or other sources about the violation of his rights.
3.1.6. The contractor may at any time change the equipment on which hosting service is available, providing unlimited options for characteristics such as size, disk space, bandwidth, number of mailboxes, etc., appropriate for the client load on the server, if such a burden on objective Executive estimated that significantly exceeds the permissible limits of shared hosting. When the Client is not entitled to subsequently claim any compensation from the contractor.
3.1.7. The Contractor should provide backups for hosting services within 7 days after the backup at the beginning of the week. The present regulations are not subject to storage of mail and mail files, backups (backups) for any sites. The Client shall not be entitled to require the Contractor specified files storage, as well as to bring any claims and/or demands when you delete them.
3.2. Client shall:
3.2.1. Until the conclusion of the (acceptance) of the Treaty in accordance with paragraph 2.2. carefully read this agreement and its annexes.
3.2.2. To fulfil the requirements set out in this agreement and its annexes.
3.2.3. Regularly monitor the relevance of the Treaty on the web site of the Contractor.
3.2.4. To pay for the services in the manner, amount and within the time limits specified in section 4 of this agreement, and in accordance with the annexes hereto.
3.2.5. Read and take note of the information on changes in the annexes hereto, as well as other technological and institutional changes, published on a web server and Executing distributed through electronic channels.
3.2.6. When placing the content, information, and files on the technical resources of the performer to be guided by the current legislation of the Russian Federation.
In the case of a perpetrator notifications and other requests from the competent authorities stating that the information contained on this site infringes the rights of third parties and is unlawful, and that the Contractor's services are used in violation of the law, the latter shall have the right to immediately suspend the operation of the site. Renewal of site uptime and service in such cases will be possible only after receiving repeated notices from the executing competent authority may require the sanctions to a resource. The list of bodies entitled to notification on the suspension of the services, shall be determined in accordance with the legislation of the Russian Federation.
3.2.7. Do not transmit in electronic form or any other form of content obtained through your use of the services of the Contractor, if the transfer of such content without first obtaining permission from the relevant government authorities prohibited the current legislation of the Russian Federation.
3.2.8. Do not post on technical resources Contractor information, computer programs, databases, and other objects of intellectual property, encryption and other such specified data (content, content), subject to the legislation of the Russian Federation established prohibitions or restrictions, in particular, if this license is required, otherwise permission of public authorities, right holders, and other persons and such valid license or permission from the Client is missing. This condition is effective regardless of the presence of a valid agreement for subscription services.
3.2.9. Comply with the rules and regulations for use of the Internet, which are an integral part of this agreement.
3.2.10. Abide by the rules of rendering of services. In case of violation of these rules, the Contractor has the right to terminate the provision of services to address the violations.
3.2.11. At the request of the Contractor to transmit a copy of the identity document (for individuals), for legal entities-certified copies of documents confirming appropriate registration and tax registration of the legal entity and the competence of its representative. When default by the Client of this obligation, the contractor has the right to immediately suspend or restrict the provision of services to the Client any selected technical means and methods until the required documents. Contractor, in case of doubt the veracity of the provided data, Client shall have the right throughout the duration of the provision of services, request additional information and (or) require acknowledgement granted. The request is sent via email to the contact address of the Client. In the event of failure by a Client details and (or) supporting documents within 7 (seven) calendar days from the transmittal of the Contractor, it may cancel the service by removing the Client's account.
3.2.12. Not to use non-existent return addresses while sending emails and other messages.
3.2.13. Not to carry out actions aimed at disrupting the normal functioning of Internet network elements (computers, other hardware or software) does not belong to the Client.
3.2.14. Client agrees that when using unlimited tariffs undertakes to take into account the availability of physical and technical limitations on the maximum total volume allowed for a particular server in view of its limited resources.
4. Fees and payment
4.1. Cost of services/works under this contract and the period of their granting are determined by the relevant annexes to the contract that are an integral part of it, and are listed in United States Dollars.
4.2. Payment of all works and services under this Agreement shall be carried out on the basis and in accordance with the procedure set out in this agreement. Defines two types of services: ad hoc services such as mounting and periodic services, such as daily/monthly fee.
4.3. Moment of payment is cash flows on through the Contractor, subject to the receipt by the Contractor or alternate payment document with necessary for depositing funds to the personal account of the Client information. Prepayment amount is calculated based on the prices laid down in the relevant annexes to this Treaty.
4.4. The Client shall independently bear responsibility for correctness of payments executed. When Executive bank details change, due to conditions beyond its control, from the moment the new details via e-mail and the web site of the performer, the Client shall independently bear responsibility for payments made on obsolete requisites.
4.5. The Contractor has the right to terminate the provision of services to a Client in violation of the Client of the calculation defined hereunder.
4.6. When prepayment Contractor has a right to terminate the provision of the services to the Client under this agreement within 7 days.
4.7. The Contractor is not liable for not providing or suspend provision of the services to the Client, in cases where the perpetrator was unable to credit incoming payment due to receipt of a bank payment document or a lack of needed information for depositing funds to the personal account of a Client.
4.8. The Client shall pay all telecommunications services (or any other organization providing similar services) and telematic services in connection with the technical resources, the Contractor provided pursuant to clause 1.1. This Treaty.
4.9. All required accounting services and monitoring the accuracy and timeliness of payments are being automated, using special software, information and statistics of the Executive information system. At the start of each Client email account (account) or multiple accounts (accounts), separately for different services.
4.10. For Periodic services is determined by the minimum billing period providing services to one user's day. Client is considered since the beginning of the provision of services by the end of the calendar day.
4.11. Daily subscription fee will be deducted from an electronic personal account (account) the Client under this agreement at the time of the beginning of a new Subscription of the day, in accordance with the relevant Annex to this Treaty.
4.12. Order of service is consent of the customer to pay its value acting on the day of the order.
5. Terms and conditions and the rights of the parties
5.1. For additional services not listed in the annexes to this Treaty but falling within the scope of this Treaty as well as under special conditions of execution of this agreement, the Parties shall draw up and conclude additional annexes or agreements that are an integral part of the contract. Duration and conditions for the additional services and special conditions of the execution of this agreement will be governed by additional Annexes or agreements. Finally, applications and agreements for additional services between the parties is not a reason to extend or modify the list of services provided by the Treaty accepted the offer.
5.2. Contractor has unconditionally to revise the annexes to this agreement, which is determined by the cost of services under this agreement and the period, with notice to the Client through electronic channels.
5.3. In case of changes in laws and regulations, tariffs and fees liaison and authorities, as well as other structures, the introduction of other obligatory payments, distributed on the Contractor, as well as changes in the price index in Russia. the Contractor has the unconditional order to revise this agreement and its annexes and to notify Client by publishing the changes on the web site at least 5 (five) days prior to the coming into force of the amendments to this agreement and its annexes.
5.4. If the Client does not agree to the changes in this agreement and the annexes thereto, it shall notify the Contractor in writing, for legal persons, signed by the head or authorized representative of the Organization of the Client within 5 (Five) days from the date of receipt of the notification. In such case this Agreement shall be terminated on the terms of clause 7.1. This Treaty. The absence of a written refusal from the changes of this agreement until the entry into force of the amendments was adopted for the Client's consent with the terms of this agreement and its annexes.
5.6. The Client and shall undertake to ensure the confidentiality of the account data of the Client (a set of passwords for access to the technical resources of the Contractor and other information). Provider is not liable for any damages of any kind that may be caused to the client due to the disclosure of the latest user credentials. Provider is not liable for any damages of any kind that may be caused to the client due to disclosure of account data of the Client as a result of unauthorised access by third parties to technical resources Contractor. The contractor has access to Client information, but solely for the purposes of technical maintenance services or in case of claims by third parties relating to the placement of malware, illegal and/or unlawful action of the Client.
5.7. In cases stipulated by the current legislation of the Russian Federation and when accessing the relevant State Executive authorities and persons, the perpetrator shall be entitled to inform the designated competent State organizations and individuals the credentials of the caller.
5.8. Contractor shall provide Client Services/work with a 24-hour schedule with possible interruptions. Interruptions in the provision of services stems from the action or inaction of third parties and/or trouble transport-information channels outside the Executive's own resources, as well as the necessary repair and/or replacement of equipment and software Contractor, including the emergency circumstances.
5.9. The Contractor has the right to terminate based on clauses 4.6, 4.4, 7.1, 7.2, 7.3, 8.1. This agreement and/or suspend provision of services/works for a period of not more than 30 (thirty) days.
5.10. In the event of a dispute, and/or violations p.p. 3.2.7, 3.2.8, 3.2.9, 5.16, 5.17, 5.20, or other situations which, in the opinion of the Contractor, may entail the deprivation, as well as the limitation of Executive services for another person (a natural person or a legal entity), the contractor is entitled to suspend the provision of services/works under this contract is not dissolving this agreement and without removing money from the personal account of the Client.
5.11. To suspend the provision of services/works under this contract, the contractor shall notify the Client within 1 (one) day (for legal persons) or for 12:00 am (for physical persons) from the moment of the termination of the provision of services or through electronic channels of communication and/or phone and/or fax, in accordance with the details of the Client specified in section 11 of this agreement.
5.12. The contractor does not carry out preliminary censorship hosted or transmitted information, the content of the web server and the Client's files on an ongoing basis, but the Contractor reserves the right, without imputing this duty to suspend the provision of services and/or delete information, content and files, causing, according to Contractor, harm to others that are offensive or contrary to the current legislation of the Russian Federation.
5.13. The Contractor does not prevent access to content that is protected by copyright, trademarks and other marks of ownership (including intellectual property rights)-hereinafter "the law" in so far as those rights remain in force or subsequently acquired in itself for any forms of play for all media.
5.14. The Client shall provide the Contractor upon request documentary proof of the Client license, a permission of public authorities, right holders or other persons for technical resources the Contractor specified in paragraph 3.2.8 of this agreement information.
5.15. The contractor reserves the right in its sole discretion to monitor all or individual Client actions, nor does it control them altogether for compliance with the terms of this agreement.
5.16. Any actions of the Client or their consequences, which, in the opinion of the Contractor may entail deprivation, as well as the restriction of the ability to use the services of the Contractor for another Client (physical or legal person) shall be declared inadmissible and constitute sufficient grounds for termination of this agreement. Termination conditions set out in section 7 of this agreement.
5.17. The Contractor has the right to protect their Clients, as well as technical resources from illegal actions, including against unwanted mailings. If you encounter such mailings, the Contractor has the right to block mass e-mail distribution.
5.18. Technical resources Contractor measured a finite number. In the case where the Treaty does not specify specific restrictions and/or tariffs on used resource (including, but not limited to, the use of computing resources, computer Contractor and volume of transmitted information), for standard size use a particular resource is accepted average for all Clients, except this and Clients are already working with the revised terms, the use of the resource.
5.19. The Contractor has the right to individually renegotiate the terms of the contract as terminate the agreement or to suspend it under paragraph 5.16 of the present agreement, in case the Executive technical resources used excessively (excessive consumption of CPU/memory (CPU/RAM), a certain Performer), excessively exceeded traffic defined by the performer (for example, the Client used inbound to outbound ratio is close to 1/1, which is not typical for web server that typically has a ratio of 1/3 or even 1/5), excessively used bandwidth transport channels (for example, the Client was attacked by type "Flood" on his own fault or negligence).
5.20. The Contractor is not liable for the operability of the software installed by the Client. The Contractor reserves the right to offer services to Client of such software.
The Contractor is not responsible for the choice of the Client and the consequences that this may entail.
5.21. The Contractor has the right to notify the Client via electronic communication channels of their news, new and/or additional services, special offers, discounts, promotions, publications, press releases, report of a technical nature and produced works.
5.22. All email messages to staff the Contractor or the Executive Sales Department, or our technical support Department, the Contractor, must be sent by a Client is strictly with the contact e-mail address specified in this agreement or in the relevant section of the control panel.
5.23. The Contractor has the right to delete the account of a Client, as well as the related services and the information stored in these services, including the contents of the account without possibility of recovery, if Client doesn't pay the Contractor's services within the period stipulated in this agreement. For hosting services this term is 7 (seven) days.
5.24. The contractor may charge the Client fees in addition to the due tariffs and published on the web site, including operations related to unlocking servers/IP-addresses of the Client, blocked through no fault of his own.
5.25. In the case of transfer of hosting services, as well as other services with tariff plans providing for periodical charge, another user with or without transfer to the personal Cabinet of the new Client, the service is considered rendered Executive in full. In case of payment for a service by cashless way legal entity accounting documents put out by the Client to the full paid amount. The service is considered rendered at the time of transfer to another user, regardless of the number of remaining unused periods/months.
The Client is not entitled to bring a claim to the Contractor and demand the transfer of cash for unused periods to the account of another Client.
6. Responsibility of the parties
6.1. Penalties from Parties not referred to in this Treaty are applied in accordance with the norms of the legislation in force in the territory of the Russian Federation.
6.2. For nonperformance or improper performance of obligations under the present contract Contractor and Client shall bear liability in accordance with the terms of this agreement, the annexes and the current legislation of the Russian Federation.
6.3. The Client is solely responsible for the content of the information transmitted to them or any other person under his network details (set network name-login and other information avtorizuûŝaâ number) over the Internet and own resources: for her authenticity, purity from the claims of third parties and the legality of its distribution. The Contractor is not responsible for the content of information transmitted over the Internet by Client and own resources Contractor.
6.4. The Client using the Contractor's services and the Internet, is responsible for damage caused by its acts (in person or by a person under its network details) to the person or property of a citizen, legal person, State or moral principles of society.
6.5. The contractor reserves the right to temporarily suspend the provision of the services to the Client in case of violation of the Client of the network rules defined herein.
6.6. The contractor shall not be liable to Client for any delays, outages and inability to make full use of their own resources, the Contractor, taking place directly or indirectly by reason of acts or omissions of third parties and/or trouble transport-information channels outside the Executive's own resources.
6.7. Contractor is not responsible for the quality of communication lines.
6.8. The Contractor shall not be liable for lost profits or any consequential damages incurred by Client during the use or non-use of services/Executive jobs (full or partial). The Contractor is responsible for damage suffered by the Client is explicitly or indirectly by the use or non-use of services/Executive jobs (full or partial), only if proven direct wine the Contractor and in an amount proportional to the subscription fee for the period of inactivity, or if you connect a Client to technical resources with timephased access-net of payment items/services that the Client has taken advantage of since the beginning of the subscription day in which events fall under the paragraph of this agreement, as well as Banking Commission when listing non-cash form.
6.9. Since the Internet is a voluntary association of the various networks and resources, the contractor shall not be liable for the proper functioning of the Internet, or its parts, as well as their accessibility to Client. Contractor bears no responsibility and gives no guarantees explicit or implicit (including guarantees or fitness for a particular purpose) to any information, goods or services obtained through the Internet, including, if they are placed on the Executive's own resources.
6.10. All services provided to Client by the Contractor associated with the operation of the Internet as a technical resource, Performer and beyond. Contractor shall not bear any responsibility for changing the properties, functions and quality of services provided to the Client if they are not explicitly described in the contract and its annexes. The Contractor is not responsible for the quality, correctness and the absence of malicious and/or illegal components on the servers used by the Contractor and other Internet servers or proposed Client, if any software not developed themselves.
6.11. The Client shall assume full responsibility and all risks arising from use of the Internet through resources and/or services Contractor.
6.12. Contractor bears no responsibility for transmitted by the Client information, because it does not initiate the transmission, it does not select the receiver of the information does not affect the integrity of the transferred data, as well as taking measures to prevent the use of objects of copyright and other exclusive rights without the consent of the rightholder.
6.13. In case of violation of the terms and conditions of the agreement by the Client and/or use of the services of the Contractor for purposes contrary to the legislation of the Russian Federation, the latter shall be entitled to terminate this agreement and cease providing the services to the Client, without the right to renewal of services. When the money for the remaining period, the Client will not be returned.
6.14. Upon cancellation of the service and refund in case if Client's fault Performer suffered losses, including disabling the servers, networks, getting the IP in the black-list, etc., the latter has the right to deduct from the amount of the refund of the full amount of the costs incurred.
6.15. In case of suspension of the provision of services by motivated complaint by third parties for breach of the terms of this agreement and/or due to other causes more than 1 times per month, the Client agrees to pay fine for resumption of the service in the amount of the monthly payment at the current rate. Subject to the availability of funds in the required amount on the personal account of a Client, the Contractor has the right to debit the amount yourself unconditionally. When the Client is not entitled to subsequently claim any compensation.
6.16. The Client shall bear responsibility for their public statements and actions against the perpetrator and his reputation. In the case of abusive and other negative statements by the Client, the agent is entitled to suspend the provision of services and to require refutation, placed in the same source, in which the defamatory statements were published by the Executive.
6.17. Customer shall have the right to request a written claim to the Contractor in case it considers that the service is proving he is not in full. About the problem, the customer shall immediately notify the Contractor, but not later than three months from the date when the customer learned or should have learned about the performance of the services in full.
7. The conditions and procedure for termination of the contract
7.1. This agreement may be terminated on the initiative of the Client, when no direct fault of performer, at the expiration of the paid period by refraining from prepaid services/works for the next period, or on the basis of the notification set out in writing. In this case, the unused balance will not be refunded to the Client, and the Client's debt in paying for the services they refunded.
7.2. This agreement may be terminated on the initiative of the Contractor contained in oral form (for individuals) or in writing (for legal entities) and delivered to the Client for 10 (ten) days prior to the date of termination of this agreement, due to private reasons than those advanced the concept of force majeure, when no direct fault of the Client in non-compliance with the terms of this agreement. In this case, the Client is returned unused at the time of termination of this agreement, and the balance of arrears of pay services Client they refunded.
7.3. This agreement may be terminated on the initiative of the Contractor contained in oral form (for individuals) or in writing (for legal entities) and delivered to the Client for 5 (five) days before the date of termination of this agreement, on the basis of improper execution of the Client terms and conditions of the agreement and its annexes. In this case, the unused balance will not be refunded to the Client, and the Client's debt in paying for the services they refunded.
7.4. Upon termination of the contract, the subscription service for reasons other than those listed above, the issues are solved and payment recalculations by agreement of the parties or in the prescribed manner through the judicial authorities of the Russian Federation in accordance with the current legislation.
7.5. The Client shall notify the Contractor of its agreement or disagreement on the termination of this Contract in verbal form (for individuals) or in writing (for legal persons) not later than 5 (five) days before the date of termination of this agreement. If, within the prescribed period, the Client has not informed the Contractor of its agreement or disagreement on the termination of this agreement, this agreement is automatically terminated on the date specified in clause 7.6. This Treaty.
7.6. The Moment of termination is the date, upcoming at the expiration of 1 (one) day period from the date of notification by one of the parties on the termination of this agreement.
7.7. This Agreement shall be deemed automatically terminated if, within a period of 7 (seven) day period at the expiration of the paid period of the caller is not received payment for services/work for the next period.
7.8. In terminated contract of subscription service provider has the right to block e-mail account (account) the Client and without warning delete placed on technical resources Contractor content.
8. Force majeure
8.1. In case of force majeure (interpretation adopted by the jurisprudence of the Court of arbitration of the Chamber of Commerce of Russia), precluding or objectively impede this contract, the parties do not have mutual claims, and each side assumes the risk implications of these circumstances.
9. Governing law and language of the contract
9.1. This agreement is made and regulated in accordance with the current legislation of the Russian Federation.
9.2. The invalidity of one or more provisions of this contract shall not entail the invalidity of the whole.
9.3. The agreement is made in 2 (two) copies in Russian, each of which has the same legal effect.
10. Dispute resolution
10.1. Disputes and disagreements that may arise during the performance of this contract shall be settled through friendly negotiations between the parties to this Treaty.
10.2. In the event specified in clause 10.1. disputes and disagreements cannot be resolved in this way, they are to be considered in the Arbitration Court of Moscow, or other means provided by the current legislation of the Russian Federation. The Court's decision is binding on both parties of this Treaty.
11. Validity and legal addresses of parties
11.1. This agreement may be terminated by either party in accordance with section 7. The Treaty.
11.2. This Agreement shall remain in force in case of a change of details of the parties, modify their constitutive instruments, including, but not limited to, a change in ownership, legal form etc. The performer has the right to transfer its rights and obligations under the Treaty to another entity. In case of change of details the Parties shall in the 10-day period to notify each other.
LLC "Digital solutions"