ztelecom.ru

Limited Liability Company INTERNET TECHNOLOGIES, hereinafter referred to as Operator offers paid services, services and services on the Internet to any individual, individual entrepreneur or legal entity, hereinafter referred to as Subscriber, as well as software and other software products (hereinafter - Services and/or Products). This proposal is in accordance with paragraph 2 of art. 437 of the Civil Code of the Russian Federation is a Public offer (hereinafter referred to as the Agreement), the full and unconditional acceptance (acceptance) of the terms of which, in accordance with Article 438 of the Civil Code of the Russian Federation, is considered to be the implementation by the Subscriber of certain actions - registration in the accounting system from the Operator's WWW server.

1. Terms and definitions.

1.1 Hardware and software complex The information and reference service system was created by the Operator in order to provide the Subscriber with information related to the provision of Services and/or the provision of Products, as well as information about the Operator. The information and reference service system includes:

Operator's website is the Operator's official web server located at https://www.ztelecom.ru on the Internet. On the Operator's Website, Subscribers are provided around the clock and free of charge, including information necessary for the conclusion and execution of this Agreement, all official documents of the Operator are published, etc.

Personal account is the Operator's accounting system (web interface) located at https://ztelecom.ru/userlte.php on the Internet and provided to the Subscriber for round-the-clock purposes:

- providing information about Services provided to the Subscriber and Products ordered;

- providing information about the tariffs and tariff plans used by the Subscriber for Services and Products;

- providing information about the status of his Personal account;

- receiving information about malfunctions that prevent the use of the services of Internet Technologies LLC

- remote ordering, managing, changing and disabling Services, remote ordering of Products;

- providing information about equipment settings for using Services and Products, etc., etc.

1.2. Personal account - credentials in the Operator's system about payment by the Subscriber for Services consumed, as well as payment for ordered Products. The Subscriber's personal account is increased by the amount of payments transferred by the Subscriber to the Operator in advance of services provided by the Operator to the Subscriber, and is reduced by the cost of services selected and connected by the Subscriber.

1.3. The reporting period means a period of 1 month from the date of activation of the Service.

1.4. Working day - means a day officially considered a working day in the Russian Federation this year with a 5-day working week. At the same time, if the term working day is not explicitly specified in this Agreement and its annexes, a calendar day is used.

1.5. Technology platform - specialized premises where server and network equipment are located and Services are provided under this Agreement.

1.6. Support Center (Ticket system) - a messaging system between the Subscriber and the Operator by sending/receiving requests via an electronic form located in the Personal Account.

2. The subject of the agreement.

2.1. The Operator undertakes to provide the Subscriber with the Services and/or Products ordered by him using his Personal Account, as stipulated in the Contract, and the Subscriber, in turn, undertakes to accept these Services and/or Products and pay.

2.2. The list and characteristics of Services and Products, as well as their prices, description, technical properties and features, are indicated in the relevant sections on the Operator's Website at https://www.ztelecom.ru. The Subscriber independently selects and orders the service from the parameters offered by the Operator.

2.3. The unconditional Acceptance of this offer is considered to be the initial replenishment of the Subscriber's Personal Account. The Subscriber guarantees that at the time of replenishment of the balance and the beginning of the provision of services, he has read and unconditionally accepted the terms of this Agreement, has read the agreements specified in clause 2.2., as well as the tariffs, the Subscriber accepts and agrees with all the conditions set out in them. In addition, the Subscriber confirms that he has read the description, the procedure for ordering services and the description of other conditions for the provision of services by the Operator published on the Operator's website, and the Subscriber agrees to the right to refer to this information by the Operator when fulfilling the terms of this Agreement.

2.4. When ordering the service for the first time on the Operator's website, the Subscriber enters a phone number that can be used by the Operator in the process of issuing a one-time password to confirm the Subscriber's registration. The Subscriber's input of the received one-time password confirms that:

The subscriber provided reliable information (see clause 3.3.12.);

The subscriber is authorized to use the specified phone number, namely: The subscriber is the owner of the SIM card, the number of which is indicated during registration, to which and from which SMS or Operator calls are sent to identify the Subscriber; or o The Subscriber is a registered subscriber of the fixed-line operator telephony, the number of which is specified during registration, to which the Operator makes calls in order to identify the Subscriber; or o The owner of the SIM card with the phone number assigned to it, indicated during registration, to which and from which SMS is sent in order to identify the Subscriber, has agreed to use his phone number to carry out such actions (if the Subscriber is not the owner of the SIM card); or o The subscriber, who is a registered subscriber of the landline telephony operator, whose number is indicated during registration, to which the Operator makes calls in order to identify the Subscriber, has agreed to use his phone number to carry out such actions (if the Subscriber is not a registered subscriber of the landline telephony operator);

The SIM card was issued by a mobile operator in accordance with current legislation in the field of telephone communication and was not received through third-party services and/or virtual numbers for receiving/sending SMS messages.

The email address provided during registration is not temporary (anonymous).

2.5. The subscriber (an individual) confirms that he personally and voluntarily gave his consent to the collection, transfer and storage of personal data (full name, data of the main identity document, date of birth, address, phone, e-mail address) for the purpose of further identification in the provision of services. The subscriber confirms that he is familiar with the fact that the storage period of personal data is at least 3 (three) years; that in accordance with the Law on Personal Data No. 152-FZ dated 07/27/2006, the Subscriber has the right to receive information related to personal data, to withdraw consent to the storage of personal data, as well as to the fact that personal data can be transferred upon request to the competent state authorities in accordance with the requirements of current legislation. The subscriber confirms that he is aware that personal data will not be distributed or transferred to third parties without his consent (with the exception of responding to requests from competent government authorities in accordance with the requirements of current legislation and with the exception of transferring personal data to a processing center for processing a payment made by bank card or through a payment system). The personal data provided will be used exclusively for the conclusion of the contract and the fulfillment of its terms.

If this is necessary for the provision of services under the Contract, or provided for by the Subscriber's consent, personal data may be transferred to other persons. When ordering domain registration services, the Subscriber gives his consent to transfer his data to third parties in order to provide such a service. The list of third parties is located at https://ztelecom.ru/dogovor/spisok_tretyih_lic.pdf.

3. Rights and obligations of the parties.

3.1. The Operator undertakes:

3.1.1. To provide services, to provide products ordered by the Subscriber through the Personal Account, in an appropriate manner, to the extent and within the time limits provided for in this Agreement and Agreements, in accordance with legislative and other regulatory legal acts of the Russian Federation

3.1.2. Transfer to the Subscriber on paper and/or to the email address the login and password for access to the Personal Account;

3.1.3. To advise the Subscriber on issues arising in connection with the execution of the Contract through the ticket system.

3.1.4. Provide the Subscriber with information about changes and the status of his Personal Account in his Personal Account and/or to the Subscriber's email address and/or by phone and/or by SMS notification using the details specified in the Subscriber's Personal Account;

3.1.6. Keep records of consumption and payment of Services and Products by the Subscriber using their accounting devices;

3.1.7. Maintain the Subscriber's Personal Account, on which timely reflect receipts and debits of funds for Services and Products;

3.1.8. To maintain the confidentiality of the Subscriber's information received from him during registration in the Operator's accounting system, as well as the content of private e-mail messages, except as provided for by the current legislation of the Russian Federation, this Agreement and its annexes;

3.1.9. To ensure the conditions for the operation and safety of the Subscriber's equipment transferred to the Operator under the Act of acceptance and transfer (only if the Services are provided on the Subscriber's equipment);

3.1.10. Publish official messages related to Customer service, the introduction of new tariffs and tariff plans, changes and closures of tariffs and tariff plans, changes to the Agreement and its annexes, etc. on the Operator's Website, in the Personal Account and/or notify the Subscriber in places of work with Subscribers, and/or by sending information about changes to the Subscriber's email address specified in the Control Panel, and/or by phone/fax contact number, and/or by SMS notification using the details specified in the Subscriber's Control Panel;

3.1.11. The Operator undertakes to inform the Subscriber at least one (1) calendar day in advance through the ticket system, or by posting relevant information on the official website of the company, or in the control panel of the Subscriber's account about planned preventive maintenance, entailing the impossibility the use of Services, as well as the planned power outage. These service interruptions are not compensable. In the event of an unplanned power outage or an accident, the Operator immediately proceeds to troubleshooting and, if possible, notifies the Subscriber of an unplanned outage

3.1.12. To issue invoices for Services and Products at the request of the Subscriber;

3.1.13. To issue Acceptance Certificates for Services and/or Products at the request of the Subscriber;

3.1.14. Perform other duties reflected in this Agreement and its annexes.

3.2. The operator has the right:

3.2.1. Demand from the Subscriber (collect from the Subscriber) additional payment for the resources spent if, through the fault or initiative of the latter, the volume of Services actually rendered and/or Products provided exceeded the volume of Services and/or Products provided by the terms of the Agreement and/or ordered through a Personal Account office;

3.2.2. Rely on the completeness, relevance and reliability of the information transmitted by the Subscriber;

3.2.3. If payment is not received from the Subscriber in full and/or there is a zero or negative balance of the Subscriber's Personal Account in the Operator's accounting system, immediately with or without prior notice and at its discretion suspend the provision of Services and/or disable software and/or the Subscriber's hardware and/or block the resource (website, web page) and/or Subscriber registration (login and password) and/or other Subscriber information until the moment of payment;

3.2.4. If the delay in payment of the Subscriber's debt exceeds 6 (six) months, terminate this Agreement unilaterally, as well as turn the Subscriber's retained equipment (if Services are provided including on the Subscriber's equipment) into their own property. The plus difference (if any) between the cost of the equipment and the Subscriber's debt to the Operator is considered a punitive non-offset penalty charged by the Operator from the Subscriber for late payment;

3.2.5. Transfer your obligations under the Contract to another operator with prior notification of the Subscriber 15 (fifteen) calendar days in advance. In this case, the Operator has the right to send this notification electronically by e-mail to the Subscriber's address specified in the Control Panel;

3.2.6. Instruct a third party to conclude an Agreement on behalf of the Operator and at the expense of the Operator;

3.2.7. Instruct a third party to make payments to Subscribers on behalf of the Operator;

3.2.8. During the entire term of the agreement, in case of doubts about the reliability of the data provided by the Subscriber, including regarding clause 2.4 of the Agreement, request additional information and (or) require confirmation of the data provided. The request is sent by e-mail to the Subscriber's contact address and/or through the ticket system. If this information is not provided by the Subscriber within 3 (three) business days from the date of sending the first request, the Operator has the right:

reject the Subscriber's request for a new service;

suspend the provision of services to the Subscriber;

reject the Subscriber's request to extend the service period. The above restrictions may be lifted within 3 (three) business days from the moment the Subscriber provides the requested information, if it turns out to be reliable. In case of failure to provide the required information within 10 (ten) business days from the date of sending the first request, the Operator has the right to terminate the Contract.

3.2.9. Suspend the provision of services to the Subscriber in the following cases:

The provision of services may pose a threat to the security and defense capability of the state, the health and safety of people;

The subscriber does not make timely payments for the services provided;

The Subscriber by his actions violates the requirements of the current legislation related to the use of Services;

The subscriber uses or intends to use communication equipment for any illegal purposes or receives communication services in an illegal way, exploits the provided equipment in violation of the rules of technical operation;

The subscriber uses or intends to use equipment not certified by the Communication Certification System (for Colocation Service);

In other cases stipulated by the Agreement. If the Subscriber does not eliminate the violation during the suspension of the provision of services, the Operator has the right to terminate the contract unilaterally without prior notification to the Subscriber. The Operator is not responsible for the illegal actions of the Subscriber.

3.2.10. In case of identification of Subscriber's actions that pose a threat to the functioning of other local or global computer network resources (not belonging to the Subscriber) (including the actions specified in clause 7.11.), the Operator has the right to block the use of Equipment or individual services or Subscriber's resources that violate the requirements specified in the Agreements on the Operator's official website href=https://www.ztelecom.ru>https://www.ztelecom.ru.

3.2.11. In order to verify compliance with security requirements, the Operator reserves the right to periodically scan the Subscriber's services and servers using specialized software, provided that no damage is caused to the Subscriber's equipment and/or servers and the information contained on them. The Operator is obliged to notify the Subscriber of vulnerabilities discovered during such checks, and the Subscriber is obliged to take measures to eliminate them. If the Subscriber does not fulfill this condition, the provision of services may be suspended until the vulnerabilities are eliminated.

3.2.12. The Operator has the right to disconnect the Subscriber's equipment and the Operator's server resources used by it for preventive maintenance, subject to prior notification to the Subscriber in accordance with clause 3.1.11. of this Agreement. These service interruptions are not compensable.

3.2.13. The Operator has the right to instantly block or impose a restriction on the Subscriber's Account (including, but not limited to: inability to order a new service and use a previously ordered service) in case of non-compliance with the terms of clauses 2.4, 3.3.12, 7.11. The Operator has the right to filter incoming traffic to the Subscriber or block (send to blackhole) the IP address allocated to the Subscriber, if incoming parasitic traffic (DoS or DDoS attacks) is detected above 0.5 (nine) Gbit/sec. After 24 (twenty-four) hours after the IP address is blocked, its unblocking is initiated. If, as a result of unblocking, it is revealed that the attack has not stopped, then the IP address is blocked for another 24 (twenty-four) hours. If the attack does not stop after 24 (twenty-four) hours after the second blocking, then the IP address is blocked for another 24 (twenty-four) hours. Further actions are coordinated with the Subscriber. Also, in agreement with the Subscriber, other ways of countering the attack may be taken.

3.3. The Subscriber undertakes:

3.3.1. register in your Personal Account from the Operator's Website and provide all necessary data and documents requested by the Operator;

3.3.2. timely accept and pay for the Operator's services in the amount and within the time limits set by the Agreement and its annexes;

3.3.3. independently monitor the status and timely replenishment of your Personal Account in the Operator's accounting system (Personal Account);

3.3.4. independently monitor the timely receipt of invoices, acts and other accounting documents from the Operator;

3.3.5. timely provide the Operator with materials, documents and information (data) necessary for the Operator to fulfill his obligations under the Agreement;

3.3.6. at least once a week, get acquainted with the official information related to the provision of Services and Products published on the Operator's WWW server;

3.3.7. in case of non-fulfillment of their obligations to carry out the export of their equipment transferred to the Operator under the Act of Acceptance and Transfer from the Operator's Technological Site within 3 (three) days from the date of submitting the relevant request for the export of equipment or from the moment of termination of the Contract, pay The costs associated with the dismantling and storage of equipment to the operator;

3.3.8. in case of technical problems, immediately inform the Operator's staff by phone +7 (495) 543-44-85 and/or e-mail support@ztelecom.ru;

3.3.9. to facilitate the work of the Operator's representatives, including, but not limited to, the participation of specialists and responsible persons of the Subscriber and/or his representatives in negotiations with representatives of the Operator;

3.3.10. properly comply with the terms of this Agreement and its annexes;

3.3.11. The Subscriber undertakes to ensure the confidentiality of his account information and authorization data (login and password assigned to him). The Subscriber is fully at risk of the consequences of the loss of authorization data.

3.3.12. If the Subscriber intends to conclude a contract and order services, the Subscriber undertakes to inform the Operator at the registration stage of reliable data about himself in his Personal Account, namely:

3.3.12.1. for individuals:

Last name, First name, Patronymic, which correspond to the Subscriber's identity document;

data of the Subscriber's identity document.

3.3.12.2. for legal entities:

Name and Legal form

INN / KPP / OGRN

Legal address

Postal address (to which correspondence will be sent)

Bank details

Phone / Fax

3.3.12.3. for individual entrepreneurs:

Surname, First name, Patronymic of the Individual entrepreneur

INN /OGRNIP

The series, Number and Date of the Certificate of state registration of an individual entrepreneur

Postal address (to which correspondence will be sent)

Bank details

Phone / Fax.

3.3.12.14. As well as the phone number to which notifications will be sent in order to identify the Subscriber, and the real valid e-mail address for sending/receiving electronic messages.

3.3.11. perform other duties reflected in this Agreement and its annexes.

3.4. The Subscriber has the right:

3.4.1. use the Services and Products of the Operator within the limits established by the Agreement and its annexes;

3.4.2. order additional Services and Products from the Operator according to the Tariffs for Services and Products;

3.4.3. refuse previously ordered Services and Products in the manner specified in the Agreement and its annexes;

3.4.4. print the invoice using your Personal Account and make an advance payment for Services and Products;

3.4.5. other rights of the Subscriber are reflected in this Agreement and its annexes.

4. Determining the quantity (volume) and cost of services and products.

4.1. The number (volume) of Services and/or Products ordered and used by the Subscriber is reflected in the Personal Account. The cost of the ordered and used Services and/or Products is determined in accordance with the Tariffs for Services and Products and is reflected on the Operator's Website.

4.2. Tariffs for Services and Products are indicated in rubles. VAT is not levied due to the application of the simplified taxation system by the Operator.

4.3. All prices specified in the Agreement and appendices include taxes, unless otherwise specified by the relevant annex to the Agreement.

4.4. The quantity (volume) of Services consumed and/or Products ordered is determined solely on the basis of the readings of the Operator's accounting devices. The basis for invoicing the Subscriber and/or debiting funds from the Personal Account for Services rendered and/or Products provided is data obtained using equipment used by the Operator to account for the number (volume) of Services rendered and/or Products provided.

4.5. The Operator has the right to unilaterally revise prices for Services and Products, change and/or introduce new tariffs and/or tariff plans, close tariffs and/or tariff plans.

4.6. The Operator notifies the Subscriber about changes, introduction of new or closure of tariffs and/or tariff plans by publishing a message about this on the Operator's Website, and/or at the places of work with Subscribers, and/or by e-mail to the Subscriber's addresses specified in the Control Panel, and/ or by phone or fax, and/or by SMS notification using the details specified in the Subscriber's Control Panel, at least 10 (ten) calendar days before the change and/or introduction of new and/or closure of tariffs and/or tariff plans.

4.7. If the Subscriber does not agree with the changes in the tariff and/or tariff plan used by him, he has the right either to switch to another tariff and/or tariff plan or immediately terminate the Contract. If the Operator does not have a written notification from the Subscriber about the termination of the Contract or the Subscriber's request from the Control Panel to switch to a different tariff and/or tariff plan for the specified reasons within 10 (ten) days from the date of entry into force of the changes, these changes are considered accepted by the Subscriber.

4.8. If the Operator closes the tariff and/or tariff plan used by the Subscriber, the Subscriber has the right to either switch to another tariff and/or tariff plan or immediately terminate the Contract. If the Operator does not have a written notification from the Subscriber about the termination of the Contract or the Subscriber's request from the Personal Account to switch to a different tariff and/or tariff plan for the specified reasons within 10 (ten) days from the date of closing of the tariff and/or tariff plan, the Operator has the right to forcibly transfer the Subscriber to a different tariff and/or tariff plan the plan.

4.9. Payments under this Agreement are made by the Subscriber in advance before receiving Services (access to Services) and/or Products. The Subscriber makes a payment for any number of months of the estimated time of using the Services and/or for any number of Products expected to be ordered (positive Personal Account balance). Services (access to Services) are provided only if there is a positive balance on the Subscriber's Personal Account (no arrears in payment for Services). Products are provided only if there is a sufficient amount on the Subscriber's Personal Account to pay for the Product.

4.10. The Operator has the right to immediately suspend the provision of Services (block access to Services) if there is a zero or negative balance on the Subscriber's Personal Account (there is a debt on payment for Services). The Operator resumes the provision of Services to the Subscriber within 24 hours from the date of submission of documents confirming the liquidation of arrears in payment for Services, or receipt of funds to the Operator's current account.

4.11. The Operator has the right to delete the resource (website, web page) and/or other information and data with or without prior notice if the suspension/blocking of the Subscriber's services occurred due to the formation of a zero or negative balance on the Subscriber's Personal Account. The data storage period is:

a) for virtual hosting services - 40 (forty) days from the moment of formation of a zero or negative balance (of which the last 10 (ten) days are reserved, and the Operator is not responsible for premature deletion of Subscriber information);

b) for virtual dedicated server and e-mail services - 20 (twenty) days from the moment of formation of a zero or negative balance (of which the last 7 (seven) days are reserved, and the Operator is not responsible for premature deletion of Subscriber information);

c) for dedicated server rental services - 1 (one) day from the moment of formation of a zero or negative balance (of which the last 1 (one) day is a backup, and the Operator is not responsible for premature deletion of Subscriber information);

d) for equipment placement services (colocation) - 7 (seven) days from the moment of formation of a zero or negative balance. After the specified period, the Operator has the right to disconnect and dismantle the equipment;

The Operator also has the right to retain the Subscriber's equipment (if the Services are provided, including on the Subscriber's equipment) until the repayment of the debt for all services;

4.12. The Operator, at its discretion, has the right to provide Services and/or Products to the Subscriber on credit with subsequent billing to the Subscriber, while the Subscriber undertakes to pay this invoice within 3 (three) calendar days from the date of its issuance. In case of late payment of the invoice, the Operator has the right to immediately suspend the provision of Services (block access to Services) and/or charge the Subscriber a penalty in the amount of 0.1 percent of the invoice amount for each day of late payment.

4.13. Payment for Services and Products is made by bank transfer, including using payment systems. The payment order must come from the Subscriber and contain his login for access to the Control Panel and his Personal Account number.

4.14. The Operator has the right to suspend the crediting of funds to the Subscriber's Personal Account until the moment the payment is made correctly by the Subscriber and/or request the Subscriber's confirmation of the payment being made and/or refuse to accept and credit the payment in the following cases:

4.14.1. the payment order does not originate from the Subscriber;

4.14.2. the required data and details are missing in the payment order;

4.14.3. login inconsistencies with and/or Contract number and/or Subscriber name.

4.15. The date of payment is the date of receipt of funds to the Operator's current account. The costs (bank commission and/or payment system commission) for transferring funds to the Operator's bank are borne by the Subscriber.

4.16. The subscriber is solely responsible for the correctness of the payments made by him. If the Operator's bank details are changed from the moment the new details are published on the Operator's WWW server, the Subscriber is independently responsible for payments made using outdated details.

4.17. The Subscriber has the right at any time to issue an invoice for any amount of advance payment using his Personal Account, print it out and pay.

4.18. The Subscriber guarantees that he is familiar with and agrees with the established tariffs published on the official website of the Operator.

4.19. Services with a validity period can be extended automatically if the Subscriber has enabled the appropriate service settings in the Control Panel and there are sufficient funds on the Subscriber's balance to extend the service for the period specified in the setting. The operator has the right to immediately suspend the provision of services in case of a shortage of funds (advances) for the extension of the service.

4.20. If the Subscriber is not a Resident of the Russian Federation, the total amount of the agreement cannot exceed the equivalent of 49,000 (forty-nine thousand) US dollars at the exchange rate of foreign currencies to the ruble set by the Bank of Russia during the entire term of the agreement.

4.21. The selection and ordering of services is carried out by the Subscriber independently in his Personal Account. The provision of the service begins from the moment it is connected by the Operator if there is a sufficient amount on the Subscriber's Personal Account. The exception is services, the provision of which requires confirmation by the Operator (the terms of these services are specified in the Agreements).

4.22. In cases where payment for a Subscriber is made by a third party (payer), the following conditions must be met:

for the payer, specify in the payment purpose field of the payment order Payment for...the number (name of the Subscriber), according to the personal account...(account number) or provision of a written notification by the Payer about the offset of the payment against the payment under this agreement for the Subscriber. The payment will not be fixed until the above conditions are fulfilled;

when paying via payment systems, the received funds are deposited to the personal account of the Subscriber specified in the bill to be paid.

4.23. At the Subscriber's request, before the expiration of the paid service period, the Operator returns prepaid funds to the Subscriber's balance exclusively for the full unused months.

4.24. The Subscriber has the right to contact the Operator with a request for a refund of the funds deposited as an advance payment. The Operator is obliged to return the unused balance to the Subscriber within 10 (Ten) business days from the date of receipt of the refund request. In order for the Operator to refund funds to a legal entity, it is necessary to submit an official application addressed to the general director of the Operator, in which it is necessary to specify the details for the transfer with the mandatory indication of the Contract number, the payment order according to which the payment was made by the Subscriber. An individual must provide the Operator with the following documents:

1) an official statement addressed to the general director of the Operator, in which it is necessary to specify the details for the transfer (full bank details, BIC and TIN of the bank), the Subscriber's current or personal account with the recipient bank;

2) a copy of the passport of the individual to whom the refund is being made. A refund is possible only if the recipient's data specified in the refund application matches the payer's data in the Personal Account of the Subscriber who made the payment of the funds intended for refund. The documents are provided at the address of the Operator. Refund of funds for services provided for domain registration, sale of SSL certificates, software licenses, rental of IP addresses, including if this IP address is the main one for VDS, etc. it is not carried out, because the service is considered rendered. Recommended refund application forms are available on the Operator's website https://ztelecom.ru.

5. Deadlines for the provision, delivery and acceptance of services and products.

5.1. The terms of the provision of Services and/or Products by the Operator, the stages of the provision of Services are established by this agreement, as well as published on the Operator's Website.

5.2. At the request of the Subscriber - a legal entity or an individual entrepreneur - the Operator at the end of each reporting period issues a Certificate of acceptance of services.

5.3. The Subscriber is obliged to send to the Operator a copy of the Act of Acceptance of Services received from him and signed on his part, no later than 10 (ten) calendar days from the date of receipt of the Act of Acceptance of services.

5.4. If there are objections to the Act of delivery and acceptance of services, the Subscriber undertakes to inform the Operator about them by registered mail with a notification of delivery, no later than 15 (fifteen) calendar days from the date of publication by the Operator in the Control Panel and/or mail and/or by e-mail the text of the Act of delivery and acceptance of services.

5.5. If motivated objections to the Act of acceptance of services have not been received by the Operator within 30 (thirty) calendar days from the date of publication in the Personal Account and/or sending by the Operator by mail and/or e-mail the Act of acceptance of services, Services and/or Products are considered to be rendered/provided in full of proper quality, accepted by the Subscriber, and the Act of delivery and acceptance of services is signed by the Subscriber.

5.6. At the request of the Subscriber, invoices, acts and other accounting documents under this Agreement are sent to the Subscriber by mail to the address indicated in the Control Panel, or handed to the Subscriber at the Operator's office.

5.7. The Subscriber is obliged to independently monitor the timely receipt of invoices, acts and other accounting documents from the Operator. Re-issuing and /or sending invoices (invoices), acts and other accounting documents for the reporting period, or re-issuing these documents for previous periods at the request of the Subscriber, provided that their timely non-receipt was due to the fault of the latter, is a paid additional service and is paid in the amount of 200 rubles for each set of documents. The payment is debited from the Subscriber's Personal Account.

6. Privacy.

6.1. The Parties hereby confirm that the information they exchange in preparation, as well as after the conclusion of this Agreement, is confidential, being valuable to the Parties and not subject to disclosure, since it constitutes an official and/or commercial secret, has a valid and the potential commercial value due to its unknown to third parties, there is no free access to it on a legal basis. Any information transmitted through the ticket system or e-mail, as well as received during a visit by representatives of the Subscriber to the data center, is confidential. Photo and video shooting is prohibited in the Operator's data center without obtaining the written consent of the Operator. In case of violation of the confidentiality regime with respect to the specified information, the Operator has the right to refuse to provide further services to the Subscriber, starting from the date of detection of such violation, as well as to demand compensation for losses incurred as a result of violation of the confidential information regime by the Subscriber.

6.2. The information specified in clause 6.1. may not be published or transferred to third parties without the written consent of the other Party during the term of this Agreement, as well as for 5 (five) years after its termination for any reason.

6.3. Each Party is obliged to take all reasonable measures necessary and appropriate to prevent unauthorized disclosure of confidential information. At the same time, the measures taken should be no less significant than those that the Party takes to preserve its own information of this kind.

6.4. The Operator has the right to disclose information about the Subscriber only in accordance with the legislation of the Russian Federation.

6.5. The Subscriber has the right to involve freelance employees and/or contractors and subcontractors to maintain their software and/or hardware complex with the transfer of access rights to the ticket system. In these cases, the Subscriber is responsible for compliance with the terms of the Agreement, including the provisions of Chapter 6 Confidentiality.

7. Responsibility of the parties.

7.1. The parties are responsible for non-fulfillment or improper fulfillment of their obligations under the Agreement in accordance with the current legislation of the Russian Federation.

7.2. The Operator does not guarantee that the software or any other materials obtained through the services provided do not contain viruses and other malicious components, and is not responsible for direct or indirect damage caused to the Subscriber as a result of errors, omissions, interruptions, delays in operation, file deletion and other defects in data transmission. The Subscriber has no right to demand compensation from the Operator for losses incurred in connection with the execution of this Agreement in an amount exceeding the monthly cost of the service provided under the Agreement.

7.3. In accordance with Article 44 of the Federal Law on Communications, the Operator has the right to suspend access to Services in case of violation by the Subscriber of the terms of this Agreement and its annexes, as well as the current legislation of the Russian Federation. At the same time, the Operator has the right to continue to debit funds in a fixed amount from the Subscriber's Personal Account for storing the latter's information - 300 rubles per month.

7.4. If the Subscriber has not eliminated the violation that caused the suspension of Services, the Operator has the right to terminate the Contract with the Subscriber unilaterally without any compensation to the latter.

7.5. The Subscriber agrees to release the Operator from liability for claims of third parties who have signed contracts with the Subscriber for the provision of services that are partially or completely provided by the Subscriber using the Services and/or Products of the Operator.

7.6. The Operator is under no circumstances liable to the Subscriber for any losses. The concept of loss includes, but is not limited to, loss of income, profits, expected savings, business activity or reputation.

7.7. Payment of penalties does not release the parties from fulfilling their obligations under the Agreement.

7.8. Other liability of the parties not provided for in this Agreement and appendices is applied in the amount and in the manner prescribed by the current legislation of the Russian Federation.

7.9. If mandatory rules are provided by law for certain categories of Subscribers, establishing other grounds and limits of liability of the Operator in comparison with those set out in this Agreement and its annexes, then the rules established by law apply to such Subscribers.

7.10. The Operator is not responsible to the Subscriber:

7.10.1. For damage of any kind incurred by the Subscriber due to disclosure, loss or inability to receive his credentials by the latter. Any person who has provided passwords and other confidential information required to identify the Subscriber, or who uses this data to log in to the account control panel, is considered as his representative and acting on his behalf. Access to the account (recovery of the Subscriber's login and password) is carried out in the way selected by the Subscriber in the control panel.

7.10.2. For lost profits and lost profits, as well as for any indirect losses incurred by the Subscriber during the period of use or non-use of the Operator's services.

7.10.3. For the functioning of the Internet or its parts, as well as for their accessibility to the Subscriber, since the Internet is a voluntary association of various networks and resources.

7.10.4. For any information, goods or services received via the Internet, including if they are posted on the Operator's own resources.

7.10.5. For changing the properties, functions and quality of services provided to the Subscriber, if they are not explicitly described in the Contract.

7.10.6. For the quality, error-free and absence or presence of malicious components in the software used on the Operator's servers and other Internet servers or offered to the Subscriber, if it is not developed by the Operator himself or if the Subscriber uses equipment not certified by the Telecommunications Certification System, as well as for the quality of communication lines if they are organized by other organizations.

7.10.7. For delays, interruptions in operation and the inability to fully use the Operator's own resources, occurring directly or indirectly due to the actions or inaction of third parties and/or the malfunction of transport and information channels located outside the Operator's own resources, unless otherwise explicitly stated it is specified in the Contract.

7.10.8. For any illegal actions of third parties, unless otherwise explicitly stated in the Contract.

7.10.9. The Subscriber is independently responsible for the content of information (authorizing the Subscriber) transmitted by him or another person under his network details over the Internet and the Operator's own resources, for its reliability, purity from third-party claims, the legality of its dissemination and harm caused his actions (personally or by another person under his network details) to the personality or property of citizens, legal entities, states or the moral principles of society. The Operator is not responsible for the content of information transmitted by the Subscriber over the Internet and the Operator's own resources.

7.10.10. The subscriber is fully responsible for compliance of the information content of his server (website) and the fact of placement (distribution, transmission) of this content with the current legislation of the Russian Federation.

7.10.11. The Subscriber assumes full responsibility and all risks associated with using the Internet through the resources and/or services of the Operator.

7.11. The Operator, while retaining all rights under the Agreement, has the right to immediately suspend the provision of Services in the following cases:

if, in the reasonable opinion of the Operator, the Subscriber's use of the Services may cause damage to the Operator and/or cause failure of the technical and software tools of the Operator or third parties;

the presence on the part of the Subscriber of actions aimed at sending, publishing, transmitting, reproducing, distributing in any way, as well as in any form using software and/or other materials obtained through the services, fully or partially protected by copyright or other rights, without the permission of the copyright holder;

the presence on the part of the Subscriber of actions aimed at sending, publishing, transmitting, distributing in any way any information or software that contains viruses or other malicious components;

the presence on the part of the Subscriber of actions aimed at sending advertising information (spam) without the consent of the addressee in the presence of written statements from the recipients of such mailing addressed to the Operator with reasonable claims against the Subscriber. At the same time, the concept of Spam is defined by the well-known rules for using the network posted on the Internet and being a business practice;

dissemination and/or publication of any information that contradicts the requirements of the current legislation of the Russian Federation, the provisions of 15 licenses of the Ministry of Communications of the Russian Federation (Ministry of Information Technology and Communications in the Russian Federation), the norms of international law, or infringes the rights of third parties;

publication or distribution by the Subscriber of any information or software that contains codes corresponding in their action to the action of computer viruses or other components equated to them;

advertising of services, goods, and other materials, the distribution of which is limited or prohibited by applicable law;

falsifying your IP address, as well as addresses used in other network protocols, when transmitting data to the Internet;

using non-existent return addresses when sending emails and other messages;

performing actions aimed at disrupting the normal functioning of Internet network elements (computers, other equipment or software) that do not belong to the Subscriber;

performing actions aimed at obtaining unauthorized access to a Network resource (computer, other equipment or information resource), subsequent use of such access, as well as destruction or modification of software or data not belonging to the Subscriber, without the consent of the owners of this software or data or by the administrators of this information resource. Unauthorized access means any access in a way other than that intended by the owner of the resource;

performing actions to transfer meaningless or useless information to third-party computers or equipment that creates an excessive (parasitic) load on these computers or equipment, as well as intermediate network sections, in volumes exceeding the minimum necessary to verify network connectivity and the availability of its individual elements;

performing actions to scan network nodes in order to identify the internal structure of networks, security vulnerabilities, lists of open ports, etc., without the explicit consent of the owner of the resource being checked;

performing other actions not provided for by the Contract and/or Agreement, but containing the composition of a criminal or administrative offense, or violating the rights and legitimate interests of third parties;

if the Operator receives an appropriate instruction containing this requirement from the state body regulating these relationships and having the appropriate authority in accordance with the current legislation of the Russian Federation;

in the presence of effective regulations of the competent courts of Russia and/or Roskomnadzor and other competent authorities on the elimination of violations by the Subscriber of the norms of the current legislation of the Russian Federation until the Subscriber eliminates the relevant violations.

7.12. If the Subscriber does not eliminate the violations listed in clause 7.10 within 30 (thirty) calendar days from the moment the Operator detects such a violation and notifies the Subscriber about it, the Operator has the right to terminate the Contract after the specified period.

7.13. The Operator does not control the content of information stored, published or distributed by the Subscriber using the services provided, and does not bear any responsibility for the accuracy, quality and content of such information.

7.14. The Operator is not responsible for the content of information nodes created and maintained by the Subscriber or users, and does not carry out any prior censorship. In case of a clear violation of the law, the provision of Services may be suspended without prior warning. At the same time, the Operator has the right, if necessary, to control the content of the Subscriber's information resources or its users.

7.16. The time of suspension of the provision of services for the reasons specified in clauses 7.10., 3.2.13. and 3.2.9. is not considered a break in the provision of services and cannot be considered as a violation by the Operator of its obligations under the Contract and Service Agreements.

7.17. The suspension of the provision of services and/or disconnection of the Subscriber's software or hardware is carried out until the Subscriber fulfills the Operator's requirements to eliminate violations and does not cancel the fulfillment by the Subscriber of all its obligations under the Agreement, except in cases when the Operator receives an appropriate instruction containing this requirement, on the part of the state body regulating these relationships and having the appropriate authority in accordance with the current legislation of the Russian Federation.

7.18. The Operator is not responsible for the safety of information posted by the Subscriber using the Operator's services, unless otherwise stipulated in the Agreements. The Subscriber independently monitors the security and safety of information, as well as, if necessary, organizes timely backup of data posted using the Operator's services.

7.19. The Operator is not responsible to the Subscriber and/or third parties for the placement and/or use by the Subscriber of any software and its components in the provision of services by the Operator. The Subscriber undertakes to place exclusively licensed software on the Operator's equipment and independently bear responsibility for its placement and use. The Operator is not responsible for violation of any license agreements by the Subscriber.

7.20. If the Subscriber has not notified the Operator about the change of the phone number used for registration, the Operator is not responsible for the inability to restore access to the account, as well as the inability to identify the Subscriber in each specific case.

8. The procedure for reviewing claims and disputes.

8.1. All disagreements or disputes that may arise will, if possible, be settled by the parties through negotiations.

8.2. If agreement for any reason is not reached during the pre-trial settlement (in addition to negotiations, which necessarily includes, in accordance with the Federal Law of the Russian Federation On Communications, the presentation of a claim by the Subscriber and its consideration by the Operator), the dispute arising from this Agreement, it is subject to consideration in the Arbitration Court of the Moscow region.

8.3. Subscriber's claims on the Services and Products provided are accepted and considered by the Operator only in writing and in accordance with the procedure provided for by the current legislation of the Russian Federation on communications.

8.4. To resolve technical issues when determining the Subscriber's guilt as a result of his illegal actions when using the Internet, the Operator has the right to independently involve competent organizations as experts. In case of establishing the Subscriber's guilt, the latter is obliged to reimburse the costs of the examination.

9. Circumstances of force majeure.

9.1. The Parties are not responsible for delays in the performance or non-fulfillment of obligations under the Agreement if delays or non-fulfillment occurred due to force majeure circumstances. Such circumstances include: wars, hostilities, riots, sabotage, strikes, fires, explosions, floods or other natural disasters, the issuance of regulatory acts of a prohibitive nature by state bodies of the Russian Federation or subjects of the Russian Federation, or local governments.

9.2. Immediately after receiving information about the occurrence of any circumstances delaying the execution or otherwise hindering the execution of the Agreement, the Parties notify each other about this via the ticket system, e-mail or in writing.

9.3. The Parties are not responsible for any damage, including losses, as well as expenses related to claims or claims of third parties that may arise as a result of force majeure circumstances.

9.4. If a force majeure circumstance causing a material violation or non-fulfillment of obligations under the Agreement lasts more than 30 (thirty) calendar days, each Party has the right to terminate the Agreement after submitting to the other Party a preliminary (5 (five) business days in advance) written notification of your intention to terminate the Agreement.

10. Other conditions.

10.1. By this Agreement, the parties have established that the actions of the Subscriber (his authorized representative) performed in the Personal Account, respectively, 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 person who has the right to act in the Control Panel, the specified person is recognized as the proper representative of the Subscriber. Information from the Personal Account in writing, certified by the Operator, is an appropriate proof of changes in the terms of the Agreement.

10.2. The Operator has the right to disclose information about the Subscriber only in accordance with the legislation of the Russian Federation and this Agreement.

10.3. 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 set to be the same for all Subscribers, except in cases where the law and other legal acts of the Russian Federation allow the provision of benefits for certain categories of Subscribers.

10.4. The Subscriber is not entitled to transfer his rights and obligations under the Agreement without the prior written consent of the Operator.

10.5. The Agreement remains in force in the event of a change in the details of the Parties, including a change in the name of the Parties, location, etc. In case of a change in the details, the Parties are obliged to notify each other about it within 10 (Ten) working days from the date of entry into force of the changes. In this case, the Subscriber is obliged to notify the Operator by sending a notification by e-mail or through the ticket system, or sending the original notification by mail or courier, and the Operator - by posting relevant information on the Operator's website and/or in the Control Panel, and/or sending a notification by e-mail and/or through the ticket-the system.

10.6. The Parties to this Agreement recognize the legal force of the texts of documents received by e-mail and through the ticket system, along with documents executed in simple written form. The exception to this rule is this agreement and all annexes/amendments thereto, as well as documents required for accounting and tax accounting.

10.7. If the Parties have doubts about receiving and (or) sending e-mail messages and other actions related to the use of the Operator's interfaces, reliable evidence of the above events will be the information contained by the Operator and stored by its archive service.

11. The moment of conclusion of the contract. Its validity period. The procedure for modification and termination.

11.1. This Agreement comes into force from the moment of its conclusion. In accordance with clause 2 of Article 425 of the Civil Code of the Russian Federation, this Agreement applies to the relations of the parties from the moment the Subscriber registers in his Personal Account from the Operator's Website.

11.2. The term of the Agreement is automatically extended for the next calendar year, if none of the parties has declared its termination at least 30 (thirty) calendar days before the end of the calendar year in writing. In this case, the Operator has the right to send such an application electronically by e-mail to the Subscriber's address specified in the Control Panel.

11.3. The automatic extension of the Contract period is set indefinitely.

11.4. The Operator has the right to unilaterally change the terms of this Agreement and its annexes. The Operator notifies the Subscriber of the changes introduced by publishing a message about the changes, the changes themselves and/or new documents on the Operator's Website and/or at the places of work with Subscribers, and/or sends an e-mail message to the Subscriber's addresses specified in the Control Panel, and/or by phone/fax, and/or by notifying by SMS messages according to the details specified in the Subscriber's Control Panel. The Operator undertakes to notify Subscribers of the changes introduced at least 10 (ten) calendar days before the entry into force of these changes.

11.5. If the Subscriber does not agree with the changes introduced, he has the right to immediately terminate this Agreement by notifying the Operator in writing. If the Operator does not have a written notification from the Subscriber about the termination of the Contract for the specified reasons within 10 (ten) calendar days from the date of entry into force of the changes, these changes are considered accepted by the Subscriber.

11.6. The Subscriber has the right to terminate this Agreement and refuse the Operator's Services at any time unilaterally only if the latter is reimbursed for the actual costs incurred until the termination.

11.7. In case of early termination of the Agreement, the Subscriber will receive a refund of unused funds upon his written request, except as provided for in this Agreement and its appendices. In this case, refunds are made only by bank transfer. The transfer of the refunded funds to a third party is not made at the request of the Subscriber.

11.8. Upon written request of the Subscriber, the Operator is obliged to suspend the provision of Services to the Subscriber without termination of the Contract. At the same time, the Subscriber is charged for the entire period specified in the application, in accordance with the tariff established for such cases.

11.9. This Agreement is automatically terminated or terminated unilaterally by the Operator in the cases described below:

11.9.1. The Agreement automatically terminates for Subscribers of individuals and legal entities who are non-residents of the Russian Federation at the time of reaching aggregate payments for Services and/or Products in the amount of 49,000 USD (or in the ruble equivalent of this amount at the exchange rate of the Central Bank of the Russian Federation on the date of registration of the Subscriber in the Operator's accounting system), provided that there is no transaction passport opened by the Operator under this Agreement in accordance with the currency legislation of the Russian Federation. When the Operator opens a transaction passport under this Agreement, the parties set the term of the Agreement equal to 10 (ten) years. If the Subscriber has not stopped using the Operator's Services and/or Products after the automatic termination of the Contract for the specified reasons, the Operator considers that the Subscriber has expressed his consent to conclude a new Contract for a new period.

11.9.2. In cases of systematic (three or more times) violation by the Subscriber of the terms of this Agreement and/or its annexes, the Operator has the right to immediately terminate the Agreement without any refunds to the Subscriber (the balance of funds in the Subscriber's Personal Account is a penalty a credit penalty). Termination of the Contract for these reasons is carried out unilaterally by the Operator by sending a corresponding notification to the Subscriber via e-mail to the Subscriber's addresses indicated by him in the Control Panel.

11.9.3. In cases where the suspension of the provision of services, services and services to the Subscriber and/ or disconnection of the Subscriber's software and/or hardware and/or blocking of the resource (website, web page) and/or registration of the Subscriber (login and password) and/or other information of the Subscriber's data was carried out by the Operator in connection with the violation by the Subscriber the terms of the Agreement or its annexes and lasts for more than 6 (six) consecutive months from the date of receipt by the Subscriber of the relevant notification by e-mail, the Operator has the right to terminate the Agreement without any refunds to the Subscriber (the balance of funds, which are on the Subscriber's Personal Account, is a penalty credit penalty). Termination of the Contract for these reasons is carried out unilaterally by the Operator by sending a corresponding notification to the Subscriber via e-mail to the Subscriber's addresses indicated by him in the Control Panel.

11.10. This Agreement is terminated by the parties in the event of the Subscriber's unilateral refusal to fulfill the Agreement. The Subscriber's unilateral refusal to fulfill the Contract is the following actions or inaction of the Subscriber:

11.10.1. The Subscriber does not replenish his Personal Account (payment under the Agreement) within 14 (fourteen) calendar days from the moment of formation of a zero or negative balance on the Personal Account and does not notify the Operator about the payment terms. During the specified 14 (fourteen) calendar days from the moment of formation of a zero or negative balance on the Subscriber's Personal Account, resources (website, web page) and other information and data of the Subscriber are stored. Upon expiration of this period, unless another period is specified in the relevant tariff and/or tariff plan, the resource (website, web page) and all information and data of the Subscriber are deleted. At the same time, the last 7 (seven) calendar days of the specified period are reserved and the Operator does not bear any responsibility for the premature deletion of the Subscriber's information.

11.10.2. When using the services, the provision of equipment (dedicated) and/or Placement of equipment (colocation), the Subscriber does not replenish his Personal Account (payment under the Contract) within 7 (seven) calendar days from the moment of formation of a zero or negative balance on the Personal Account It does not notify the Operator of the payment deadline. During the specified 7 (seven) calendar days from the moment of formation of a zero or negative balance on the Subscriber's Personal Account, resources (website, web page) and other information and data of the Subscriber are stored. After this period, unless another period is specified in the relevant tariff and/or tariff plan, the resource (website, web page) and all information and data of the Subscriber are deleted (except for the Subscriber's own equipment) and/or the equipment is turned off and dismantled. In this case, the last 2 (two) calendar days of the specified period are reserved, and the Operator is not responsible for premature deletion of information.

11.11. The Operator has the right to terminate this Agreement unilaterally in other cases provided for by the Agreement and its annexes, as well as the current legislation of the Russian Federation.

11.12. This Agreement may be terminated at any time by agreement of the parties.

12. Banking details.

Operator:

Internet Technology Limited Liability Company

OGRN 1055010417912

TIN 5053041183

CHECKPOINT 5053041183

Location address(legal address):

144006, Moscow region, Elektrostal, Lenin Avenue 2-1-122a

Postal address:

144002, Moscow region, Elektrostal, Gorky Street, building 14, office 105

Bank details:

P/C 40702810240280127793 Sberbank of Russia OJSC Moscow

K/C: 30101810400000000225

BIC: 044525225