Rules for the provision of services
These Rules, developed and approved by ODAK Group LLC (TIN 7720527668 KPP 772001001), define uniform conditions for the organization and provision of information and technological services, including the collection, processing and transmission of information about Orders and Payments of individuals in favor of the Seller, and establish standard rights and obligations of the Parties.
These Rules are not a public offer, and therefore the Aggregator has the right to refuse to conclude a Contract without explaining the reasons.
These Rules apply to the Aggregator, Payment System Operators, Settlement Bank, Guarantor, Agents, as well as Sellers, which can become an individual entrepreneur or a legal entity that has declared accession to the Rules and signed the relevant agreement of accession to the Rules, provided that this individual entrepreneur or legal entity accepts the terms of the Rules as a whole, in particular in accordance with Article 428 of the Civil Code of the Russian Federation, and hereinafter referred to as the "Parties".
Каждая из Сторон гарантирует другим Сторонам, что обладает необходимой правоспособностью, а равно всеми правами и полномочиями, необходимыми и достаточными для присоединения к Правилам и исполнения обязательств в соответствии с их условиями.
Content
I. Terms and definitions
II. General provisions
III. Rights and obligations of the Seller
IV. Rights and obligations of the Guarantor
V. Rights and obligations of the Agent
VI. Rights and obligations of the Operator
VII. Rights and obligations of the Aggregator.
VIII. Settlement procedure.
IX. Responsibility
X. Validity of the Rules
XI. Terms, dates and times
XII. Confidentiality and security
XIII. Other conditions
1. Terms and definitions
1.1. Aggregator (Site Administration) is a legal entity that performs the functions of coordinating and ensuring the activities of the Site as a whole. The Aggregator provides the Parties, in order to fulfill their obligations under these Rules, a Website for interaction between the Parties and organizations that have not joined the Rules, and also provides information and technological interaction of the Parties, including information and technological support for settlements for the Services of the Aggregator.
1.2. The Platform is a software and hardware complex available on the Website that allows Users to interact with the Seller. The platform includes the interface, software, design and other elements necessary for proper functioning. All exclusive rights to the Site and the Site belong to the Aggregator (Site Administration). The platform is placed on the Internet in the form of a Website, a payment form and /or in the form of a mobile application.
1.3. Aggregator services — a set of information and consulting services that the Aggregator provides to the Seller:
1.3.1. Demonstration of the Seller's goods by placing (publishing) on the Site product offers with characteristics, images, prices and other product descriptions.
1.3.2. Technical support of the Seller on issues related to the placement of the Seller's Goods and Services on the Site, the calculation of the cost of delivery and other procedures related to receiving Orders from Users.
1.3.3. Consulting services in relation to the selection of goods and placing Orders provided to Users on behalf of the Seller.
1.3.4. Creation and processing of Orders generated from the Seller's Goods and Services of the Seller.
1.3.5. Acceptance of payment for Orders placed by the User on the Site.
1.3.6. Formation of accompanying documents on behalf of the Seller to the Buyer on the basis of created and paid Orders.
1.3.7. Placement of the Seller's advertising materials on the Site.
1.3.8. Other services.
1.4. Seller (vendor) is an online store (legal entity or individual entrepreneur) that owns goods and/or provides services that they offer to an unlimited number of users of the Site in order to make a purchase and sale transaction. To become a “seller”, an online store must join the Rules by signing a corresponding agreement to join the Rules.
1.4.1. The Seller's goods are a material object (thing) or electronic content (including software) belonging to the Seller, which he has the right to dispose of and presented by him in the Site's catalog, for the purpose of further sale to Users.
1.4.2. Seller's Services — actions provided by the Seller, or a set of actions, as well as other activities directed directly to the User, or in his interests, as an addition to the Seller's purchase and sale transaction.
1.5. User (Client) — any natural or legal person using the Site to obtain information about Goods and/or Services sold by Sellers, as well as information about the Sellers themselves; as well as a person acquiring or intending to purchase Goods and/or Services offered by Sellers on the Site, as well as persons who who have previously purchased any Goods and/or Services on the Site after completing the Registration procedure.
1.6. Website — is a website of logically interconnected web pages forming part of the information space of the Internet, and hosted on the domain https://yerevantravel.ru , indicating the location of the server with content under the control of the Aggregator. The site is a composite work, as well as its name "YEREVAN TRAVEL ™ ", is protected, along with the names of all other works. All exclusive rights to the Site (its individual elements) belong to the Aggregator.
1.7. Order — a set of certain product offers and related services provided by the Seller, selected by the User on the Website, having a unique number indicating the conditions, method of transfer of Goods and payment, recorded as a purchase and sale transaction between the Seller and the User.
1.8. The accompanying document (waybill) is the main document of transportation and defines the relationship between the Seller, the Carrier and the Buyer. The bill of lading contains the necessary information about the cargo (its name, quantity, method of determining the weight, etc.), the shipper, the consignee, the place of delivery, the cost of delivery, etc. The bill of lading is drawn up in four copies. The sender of the cargo must also provide the Carrier with all the documents required by sanitary, customs, quarantine and other rules in addition to the consignment note.
1.9. Registration — a set of User actions in accordance with the instructions specified on the Site, including the provision of data and other information performed by the User when placing an Order on the Site for the first time or when contacting the Aggregator's Contact Center for placing an Order or directly using a special registration form of the user interface of the Site in order to access various the functionality of the Site and the formation of a Personal account.
1.10. Personal Account is a protected part of the Platform created during Registration, through which the use of the Platform and interaction between the Seller, the User and the Platform are carried out on the terms proposed by the Aggregator. Access to the Personal Account is carried out by authorization on the Site using a Login and Password.
1.11. Login — the email address specified during Registration on the Site.
1.12. Password is a unique set of characters created during Registration, intended for access to the Personal Account.
1.12.1. Personal account — an analytical account in the Aggregator's accounting system for accounting for settlement transactions between the Seller and the Client, is part of the Personal Account and reflects calculations during interaction on the Site.
1.13. The Act of services rendered is a document reflecting the actual Services of the Aggregator provided to the Seller during the reporting period.
1.14. Carrier (delivery service) is a company that delivers an Order placed on the Website from the Seller to the Client according to the accompanying documents generated by the Aggregator.
1.15. Agent is a commercial organization that provides services to the Aggregator for the search, attraction and maintenance of Sellers.1.16. Возврат/Отмена платежа — операция по возврату Плательщику денежных средств, перечисленных безналичным платежом на основании Распоряжения Плательщика, которая инициирована Продавцом с согласия Плательщика в случае отказа Плательщика от получения Товара/Услуги или невозможности для Продавца выполнить Заказ Плательщика, либо если Продавцом была проведена ошибочная операция.
1.17. The Guarantor is a legal entity and/or an individual entrepreneur registered and operating in accordance with the legislation of the Russian Federation, providing together with the Aggregator the possibility of using the "Safe Transaction" service on the terms of these Rules. The relationship between the Aggregator and the Guarantor is regulated by a separate agreement.
1.18. The condition for the formation of an order for the transfer of funds (Condition) is an event, upon the occurrence of which the Guarantor, on the basis of a Payment made by the Payer, forms an order and transfers funds from the Payment Card to the Payment Seller or returns funds to the Payer's Card. The Condition means that the Guarantor receives information from the Carrier about the Seller's proper fulfillment of obligations under a Secure Transaction or non-fulfillment of the Transaction.
1.19. "Secure Transactions" Service (Service) is a service provided by the Guarantor aimed at providing services for settlements between the Payer and the Seller of the payment within the framework of the "Secure Transaction" concluded by them, subject to the occurrence of the Conditions for the formation of an order for the transfer of funds.
1.20. Secure Transaction – an agreement concluded between the Payer and the Seller through the Website, in order to fulfill the terms of which the Payer transfers funds in favor of the Seller using the "Secure Transactions" Service and/or under the control of the Guarantor.
1.21. Incident cycle — a set of orderly settlement, financial and other transactions exchanged by settlement participants in order to clarify the circumstances of any transaction using a Payment Card.
1.22. Payment System (PS) — international payment systems ”VISA", ”MasterCard", as well as the national payment system ”MIR".1.23. Invalid transactions — non-cash Payments made by Payers, invalidated by Payment Systems, operators/issuers of electronic means of payment, as well as Payments contrary to the current legislation legislation of the Russian Federation.
1.24. Payment System Operator (Operator) is a legal entity that performs the functions of coordinating and ensuring the activities of the Processing Center as a whole. The relationship between the Aggregator and the Operator is regulated by a separate agreement.
1.25. Operational day is a calendar day of the Processing Center, for which the period starting from 00:00:00 to 23:59:59 Moscow time is taken.
1.26. Reporting day — the day of receipt of information about the Payer's Order through the Processing Center, set from 00:00:00 to 23:59:59 Moscow time.
1.27. The reporting period is a calendar month from the first to the last day (inclusive) of the calendar month.
1.28. Payment is a cashless money transfer operation performed through the Processing Center of the Operator acting on behalf of the Aggregator in order to terminate obligations to Sellers (including Recipients) to pay for Services and/or Goods (including making an advance payment) purchased by Customers. The possibility and conditions of organizing the acceptance of Payments in favor of a particular Seller who has concluded an agreement with the Aggregator are governed by the Rules and applicable legislation of the Russian Federation.
1.29. Payment card — a bank card issued by the relevant Issuer of one of the Payment Systems, which is a means of settlement for making Payments provided for by the relevant agreements between the Aggregator, the Guarantor, the Operator and the Seller, and allowed to be paid on the Internet by Payment Systems.
1.30. Payer — any natural person making a Payment using the Operator's Processing Center on his own behalf or on behalf of the Client for transactions (contracts, applications) concluded between the Client and the Seller, or giving an order for Payment using the Payment Card details to the Settlement Bank through the Processing Center.
1.31. Processing center — a set of computer programs, hardware, telecommunications and telecommunication networks that ensure the functioning of an automated system for collecting, accounting, processing and exchanging information necessary for making Payments or forming Orders.
1.32. A working day is any calendar day, with the exception of non—working holidays, as well as days off during a five-day working week.
1.33. Order — the Payer's order to make a non-cash transfer of funds (Payment) using the details of the Payer's Payment Card, transmitted to the Settlement Bank through the Processing Center.
1.34. Settlement Bank is a credit institution that performs banking operations in accordance with the current legislation of the Russian Federation, attracted by the Operator and/or Aggregator and/or Guarantor to organize the acceptance of Payments in favor of the Seller and the implementation of non—cash settlements of Payers with Sellers through the Aggregator or Guarantor, including using Payment Cards and Electronic Means of Payment.
1.35. A Party to the Rules is a person engaged in entrepreneurial activity, who has established contractual relations with the Aggregator and participates in activities related to the provision of goods, works, services to Users, Customers, Payers and/or another Party to the Rules. The Parties to the Rules are, in particular, an Aggregator, an Agent, a Seller, a Payment system Operator and a Settlement Bank, etc.
1.36. Payment amount — the amount of funds subject to non-cash transfer /transfer to the Seller. A different structure of the Payment Amount can be set by the Rules.
1.37. Electronic means of payment — a prepaid electronic means of payment provided by the Issuer to the Payer and used by the Payer in accordance with the terms of the agreement concluded between the Payer and the Issuer.
1.38. Issuer — a credit institution or other legal entity that issues Payment Cards and/or Electronic Means of Payment and provides them to Payers on the basis of relevant agreements.
1.39. Chargeback — a refund operation initiated by the Issuer at the request of the Payer to the appropriate card account of the Payer of funds debited from such account as a result of the Payment.
1.40. Advertising space — the place where Advertising Materials are placed on the Website.
1.41. Advertising materials — any text, graphic, audio, video and mixed advertising materials advertising the Goods and Services of the Seller or his means of individualization. The requirements for Advertising Materials are determined unilaterally by the Aggregator and are available at: https://cdek.market/reklama . Promotional materials include the following non-exhaustive list:
1.41.1. Graphic block — static, animated, interactive, video, etc. block of the size and format defined by the rules of the Aggregator;
1.41.2. Text block — formatted text included in the Web page on the website;
1.41.3. Text-graphic block is an information block consisting of formatted text and a graphic image.
1.42. Placement of Advertising materials — technical placement by the Company of the Client's Advertising materials, taking into account Media parameters, on the Internet resources of third parties or their own.
1.43. CAP — A qualified electronic signature is intended to identify the person who signed an electronic document, is an analogue of a handwritten signature in cases provided for by law and a means of information protection, providing the ability to control the integrity and authenticity of electronic documents.
1.44. ED is an electronic document created by means of computer information processing, which can be signed with an electronic signature (CEP) and stored on a machine medium in the form of a file of the appropriate format.
1.45. EDO is a single mechanism for working with documents submitted in electronic form, with the implementation of the concept of "paperless office work". The process of exchange between the Parties in the ED system of documents drawn up in electronic form and signed by EDS is carried out through the EDI Operator.
1.46. The EDO operator is an organization that ensures the exchange of open and confidential information via telecommunication channels within the framework of electronic document management between the Parties in the EDO system.
1.47. Sending Party — The Party sending the document in electronic form, signed by the CEP, in the EDO system via telecommunication channels to the other Party.
1.48. Receiving Party — The Party receiving from the Sending Party a document in electronic form signed by the CEP in the EDI system via telecommunication channels.
2. General provisions
2.1. The aggregator is ODAK Group LLC.
Legal address: 50 Svobodny Prospekt, Moscow, 110558
Postal address: 115088, Moscow, 2nd Yuzhnoportovy Ave., 16c9
Мain state registration number: 1057747090268
ITN: 7720527668 / 772001001
Payment account: 40702810038000047278
Bank: SBERBANK PJSC
BIC: 44525225
Correspondent account: 30101810400000000225
Tel: +7 (495) 205 09 03
E-mail: legal@odakgroup.ru
2.2. The Aggregator, within its competence, in accordance with the requirements of the current legislation, concluded contracts and Rules, on its own behalf, or on behalf of the Seller, or on behalf of the Guarantor, or on behalf of the Carrier, or on behalf of the Operator, for remuneration carries out activities on:
2.2.1. search and attract Users to the Site;
2.2.2. placement and demonstration of Goods and Services of Sellers;
2.2.3. placement of advertising materials on the Website;
2.2.4. advising Users on the Goods and Services of Sellers;
2.2.5. calculation of the cost of delivery services according to the Carrier's tariffs;
2.2.6. making Orders;
2.2.7. creating Secure transactions;
2.2.8. creation of accompanying documents for the delivery of Orders to the Client;
2.2.9. information technology exchange for the purpose of organizing the acceptance of Payments through the Operator or the transfer of an Order for Payments to the Settlement Bank;
2.2.10. performing other procedures in order to create conditions for interaction between the Parties, within the framework of these Rules and the technical capabilities of the Site and the Site.
2.3. The Aggregator may be an authorized person of the Seller or an authorized person of the Guarantor, if there is a Secure Transaction, in terms of accepting Payments from Payers through the Operator. The receipt of funds to the Operator's account on behalf of the Payer is recognized as the fact of fulfillment of the Client's obligations to the Seller in terms of payment for goods / services.
2.4. The Parties to the Rules are obliged to comply with the requirements of Federal Law No. 115-FZ of August 7, 2001 "On Countering the Legalization (Laundering) of proceeds from Crime and the Financing of Terrorism", other Russian and international legal norms and requirements aimed at combating illegal trade, financial fraud, laundering and legalization of funds received by illegal means and financing of terrorism, if necessary, to ensure the identification of clients, representatives of clients, identification and identification of beneficiaries in order to implement the "Know your Customer" principle, to carry out proper risk management arising from the legalization of proceeds from crime, terrorist financing and regular monitoring of the implementation of the above tasks. A Party to the Rules is obliged not to carry out direct or indirect complicity in illegal financial activities, money laundering and terrorist financing, and any other illegal operations that may be administratively and/or criminally punishable, be the subject of judicial proceedings in the provision of services, including when performing operations to receive funds or money transfer operations proceedings and/or create a threat of loss of business reputation for the Aggregator, Settlement Bank and Operator.
Sellers are obliged to provide the Aggregator, upon request, with any information necessary to confirm their obligations to implement in order to counteract the legalization (laundering) of proceeds from crime and the financing of terrorism. Failure to comply with the requirements specified in this paragraph may result in the termination of the Aggregator's cooperation with such a Seller.
2.5. Before starting activities under the Rules, the Seller must sign a contract with the Aggregator in the form established by the Aggregator, as well as provide the documents and information specified in the Rules. Providing the Aggregator with a signed contract of the appropriate form is a confirmation that this Seller agrees with the Rules and undertakes to comply with the terms of the contract. After submitting the signed contract to the Aggregator, the Seller cannot refer to the fact that he has not familiarized himself with the Rules or does not recognize their binding nature in contractual relations with the other Parties to the Rules.
2.6. The Seller is additionally obliged to provide the Aggregator with:
·a questionnaire of a legal entity/individual entrepreneur according to one of the forms approved by the Aggregator in the Appendices;
·technical parameters required for registration and formation of the Seller's accompanying documents in the Carrier's system;
·certificate of registration with the tax authority;
·certificate of state registration of a legal entity/individual entrepreneur and a certificate of the applicable tax system;
·passport data of the general director/individual entrepreneur;
The questionnaire of a legal entity / individual entrepreneur, as well as the specified information, is provided in the form approved in the Annexes to the Rules, the form is filled in depending on whether the Seller is a legal entity that is not a credit institution or an individual entrepreneur (the original signed by the head of the legal entity, certified by the seal of the organization or the original signed by the sole proprietor, certified by the seal of the sole proprietor, or documents signed by the CEP and sent through the EDO).
2.6.1. The Aggregator has the right to request from the Seller other documents not specified in this subparagraph.
2.6.2. The provision by the Seller of the documents specified in this subparagraph is the Seller's actions aimed at concluding an agreement for the provision of information technology exchange services in order to organize the acceptance of payments under the terms of these Rules.
2.6.3. In agreement with the Aggregator, the contract may be concluded in a different form not specified in the Rules and determine a different moment of conclusion of the contract not specified in the Rules (in this case, the Seller simultaneously with the contract provides the Aggregator with a set of documents specified in clause 2.6 of the Rules).
2.6.4. The Aggregator has the right to verify the solvency of the Seller on the basis of the data provided by the Seller.
2.7. These Rules regulate the relations of the Parties in the implementation of electronic exchange of documents via telecommunication channels in the EDI system signed by the CEP.
2.7.1. Electronic exchange of documents is carried out by the Parties in accordance with the current legislation of the Russian Federation, including the Civil Code of the Russian Federation, the Tax Code of the Russian Federation, Federal Law No. 63-FZ dated 06.04.2011 "On Electronic Signature", Order of the Ministry of Finance of the Russian Federation No. 50n dated 25.04.2011.
2.7.2. To participate in the EDI, the Parties must:
2.7.2.1.obtain qualified certificates of electronic keys for verifying the electronic signature of the head or other authorized persons;
2.7.2.2.conclude an appropriate contract with the EDI Operator in accordance with the requirements of the relevant Operator;
2.7.2.3.get the ID of the EDO participant, access details and other data necessary to connect to the EDO from the EDO Operator.
2.7.3. All documents received in the order of exchange in electronic form are compiled in formats in accordance with the requirements of the legislation, as well as based on the terms of these Rules and concluded contracts.
2.7.4. When exchanging documents in the EDI procedure, the Party forms the necessary document in electronic form, signs it with the CEP, sends the file with the document in electronic form to the address of the other Party through the EDI Operator and saves the signed document in electronic form.
2.7.5. The Parties undertake to exchange notices/confirmations in electronic form on receipt and dispatch of documents via telecommunication channels in a timely manner (no later than the next working day after receipt of the document).
2.7.6. The Parties are obliged to inform each other about the impossibility of exchanging documents in electronic form signed by the EP in the event of a technical failure of internal systems. During the period of such a failure, the Parties exchange documents on paper with the signature of the authorized person's handwritten signature and certified by the seal of the organization.
2.7.7. The Parties undertake to inform each other about the restrictions of the CEP within 2 (two) working days from the date of establishment of such restrictions, otherwise, until such notification is received, the Party has the right to consider the qualified CEP of the other Party not burdened with any restrictions, and the documents signed by such a qualified CEP have full legal force.
2.7.8. If it is necessary to make adjustments to the document sent through the EDI, the Sending Party draws up an appropriate information letter and sends the corrected document and the information letter to the Receiving Party in accordance with the procedure established by the EDI Operator.
2.7.9. Neither Party has the right to unilaterally refuse to use the EDO and agrees to recognize any documents sent to its address through the EDO from the Sending Party as "received", even if for some reason it does not use the EDO itself.
3. Rights and obligations of the Seller
3.1. The Seller entrusts the Aggregator, acting at the Seller's expense, for remuneration on the terms specified in the Aggregator's tariff plans:
3.1.1. to post (publish) on the Website for an indefinite audience information about their Goods and Services (according to the tariffs of the Aggregator);
3.1.2. to advise Users regarding their Goods and Services (according to the Aggregator's tariffs);
3.1.3. accept and place User Orders;
3.1.4. accept payment for completed Orders;
3.1.5. to draw up the Accompanying documents necessary for the transfer of Orders to the Carrier;
3.1.6. to process confidential information, in particular, personal data of Clients that became known to the Aggregator during the performance of its obligations under the Agreement (hereinafter referred to as personal data of Clients). The Seller, with the consent of the subject of personal data, instructs the Aggregator to carry out personally or with the involvement of third parties, the following actions (operations) or a set of actions (operations) for the processing of personal data of Customers (with or without the use of automation tools): collection, recording, systematization, accumulation, storage, clarification (modification), use, depersonalization, blocking, deletion, destruction, transfer of personal data of Clients. The purpose of processing personal data of Customers in all cases is to accept Orders and Payments in fulfillment of the Seller's contracts to which the Customers are parties, and when such processing is necessary to exercise the rights and legitimate interests of the Seller. The aggregator is obliged to comply with the principles and rules of personal data processing provided for by the Federal Law of the Russian Federation of July 27, 2006. No. 152-FZ "On Personal Data" and confidentiality of personal data, to process personal data based on the principle of their maximum possible depersonalization, as well as to ensure the security of personal data during their processing and to take sufficient measures to protect them from illegal actions;
3.1.7. through the Service provided by the Guarantor, create conditions for concluding a Secure Transaction and ensure technical data exchange from the Services;
3.1.8. to carry out other procedures within the framework of information technology exchange in order to receive and process Orders and Payments.
3.2. The Seller independently monitors the completeness and timeliness of crediting accepted Payments by checking the calculations and the amounts received on the account. If any inconsistencies are detected during the inspection, the Seller undertakes to immediately notify the Aggregator in writing of such inconsistencies.
3.3. The Seller assumes responsibility (becomes obligated) to the Users for the execution of purchase and sale transactions executed by the Aggregator in the form of Orders.
3.4. The period during which the Seller is obliged to send (make shipment) The Order to the User is 3 (three) working days from the date of the end of the Order, unless another period is stipulated by a written agreement between the Seller and the User, in particular, but not limited to the case when the Goods are made by the User's individual order or in other cases when the Seller does not have an objective opportunity to send the Order within the time period established by this paragraph. If an agreement is concluded between the Seller and the User to extend the time for sending the Order, the Seller is obliged to provide the Aggregator with such an agreement indicating the time for sending the Order to the User.
3.5. The Seller agrees:
3.5.1. with a decrease in the amount accepted in the form of payments for the Order, commensurate with the cost of Goods not sent, not delivered, returned, and Services not provided to Users;
3.5.2. accept and repay the costs imposed on him within the framework of a Secure Transaction, in accordance with the terms agreed through the Guarantor with the Buyer;
3.5.3. accept and pay for the services for the placement of the Seller's advertising materials on the Website, according to the current tariffs set by the Aggregator, and bear full responsibility for the information specified in the advertising materials.
3.6. The Seller is obliged to inform the Aggregator no later than 5 (five) working days before the event about the change of his details (postal, bank, location address) by sending an e-mail to help@cdek.market , as well as within 5 (Five) days from the date of the change to provide the relevant documents confirming the change.
3.7. The Seller, in cases stipulated by the current legislation, is obliged to provide the Aggregator with the information and documents necessary to identify the beneficiary, as well as to confirm the economic feasibility of the operations carried out.
3.8. The rights and obligations of Sellers of certain categories of goods or services may be established in Annexes to the Rules. If such Annexes to the Rules establish rights and obligations other than those specified in this section, the terms of the Annexes shall prevail.
3.9. The Seller undertakes to reimburse the Aggregator for the amounts of Cancellations, Refunds, Invalid Transactions, Chargeback transactions, as well as the amounts of transactions declared by the PS in Incident Cycles and withheld from the Aggregator by the Settlement Bank, if all these transactions relate to Payments made by the Payer in favor of the Seller.
3.10. The Seller undertakes to reimburse the Aggregator for the amounts of PS fines paid by the Aggregator to the Operator and the Settlement Bank, as well as other losses and expenses incurred by the Aggregator in connection with the conduct of Incident Cycles on Payments previously made by Payers in favor of the Seller, including within 180 calendar days from the date of termination of the Contract for the provision of information technology services exchange for the purpose of organizing payment acceptance.
3.11. The Seller undertakes to reimburse the amounts specified in clauses 3.9 and 3.10 of the Rules no later than 3 (three) working days from the date of receipt of the Aggregator's request by the Seller's e-mail, and also agrees with their retention by the Aggregator during settlements.
3.12. The Seller undertakes not to allow the prices of Goods or Services paid through the Aggregator by Payment Cards via the Internet to exceed the prices set for the sale / payment of goods or services via the Internet in another way.
3.13. The Seller undertakes to provide the Aggregator with copies of supporting documents on the provision of services/delivery of goods by the Seller to the Customer for Payments made through the Aggregator within 3 (three) working days upon his request by fax/e-mail.
3.14. The Seller undertakes to ensure compliance with the requirements developed for the Aggregator Site:
3.14.1. To trade goods / provide services only permitted for sale via the Internet in accordance with the legislation of the Russian Federation and the Rules of the Aggregator;
3.14.2. Not to provide the possibility of payment from other sites for orders placed on the Aggregator's Website;
3.14.3. Provide reliable information about the Seller's contact details (full company name, TIN, address of the location and address for sending mail, telephone, e-mail address);
3.14.4. Comply with the general procedures for canceling operations / returning goods and funds for the returned goods;
3.14.5. To carry out Cancellations and Refunds using the Seller's Personal Account or by sending the appropriate command according to the protocol of interaction between the Platform and the Processing Center, as well as to give orders to the Aggregator and perform other actions provided for by the functionality currently available to the Seller.
3.15. The Seller undertakes not to perform operations in order to receive payment, without the purpose of providing the Payer with goods / works / services.
3.16. The Seller undertakes to issue / provide goods /works /services, the payment of which is carried out using a Payment Card, only if the Aggregator receives the permission of the issuing bank to conduct an expenditure operation on the Payment Card.
3.17. The Seller is obliged to ensure the confidentiality of information about Payment Card holders and Payment Card details that became known to the Seller during the acceptance of the Payment Card when paying for goods (work, services), including not transferring them to third parties, except in cases stipulated by the terms of the agreement with the Aggregator.
3.18. The Seller undertakes not to demand from the Payer:
·in case of his contacting the Seller (including by mail/e-mail), specifying the Payment Card details (for example, card number, expiration date, CVC2, CVV2, PPK2 value);
·refusal to challenge the payment operation for goods (work, services) performed using a Payment card.
3.19. The Seller is responsible for the actions of its employees, which resulted in an operation (transaction) made using Payment Card details without the consent of the Payer.
3.20. The Seller is responsible for the information posted by him or on his behalf on the Aggregator's Website.
4. Rights and obligations of the Guarantor
4.1. The Guarantor undertakes to provide the services of the Service for the Seller and the Payer in order to provide conditions for creating Secure transactions and making settlements on them.
4.2. The Guarantor ensures the formation, certification, transfer by the Payer to the Operator of the Payment order.
4.3. Depending on the conditions agreed by the Parties and according to the information provided by the Carrier through the Aggregator, the Guarantor has the right to include a fee for his services in settlements between the Parties for a Secure Transaction on the Seller or on the Payer.
4.4. The Guarantor independently reviews the claims of the Parties on a Secure Transaction and provides an arbitration decision on disputed issues in order to find a solution that will be made by the Seller and the Payer taking into account their interests.
5. Rights and obligations of the Agent
5.1. The Agent undertakes to provide the Aggregator with services aimed at attracting Sellers for servicing on the Aggregator's Site.
5.1.1. In order to attract Sellers for service on the Aggregator's Site, provide the Aggregator with a questionnaire of a legal entity/individual entrepreneur issued by the Seller according to one of the forms approved by the Aggregator in the Annexes to the Rules.
5.1.2. To provide the attracted Sellers with consulting support regarding the registration of the Seller on the Aggregator's Site, including the initial consulting training of the attracted Sellers for service on the Aggregator's Website.
5.1.3. When providing services, comply with all requirements of the current legislation and properly fulfill their obligations.
5.1.4. Within 5 (Five) working days after the end of the Reporting period, generate and send to the Aggregator a Report on attracted customers in the form approved by the Aggregator to the Rules.
5.2. The Agent has the right to use non-confidential information for advertising purposes, for participation in competitions, during accreditation, as well as for other purposes, namely: the name of the Aggregator, the type of activity of the Aggregator and other information.
5.3. The Agent has the right to independently determine the procedure for providing additional paid services to attracted Sellers. Payment to the Agent by the involved Sellers of services not stipulated by these Rules is not regulated by the Rules and does not impose additional obligations on the Parties that have joined the Rules.
6. Rights and obligations of the Operator
6.1. The Operator, on behalf of the Aggregator, accepts funds from Payers in non-cash form, including using Payment Cards and Electronic Means of Payment, in order to fulfill the Client's monetary obligations to the Seller.
·In cases where the refund of accepted payments is carried out by a Settlement Bank, the Operator receives requests for Payments from Payers for the same purposes, including using Payment Cards and Electronic Means of Payment.
·The method of compensation is specified in the contract concluded between the Operator and the Aggregator.
6.2. The Operator ensures that Payers are informed about the procedure and conditions for using the Processing Center.
6.3. The Operator is obliged to transmit to the Aggregator and the Settlement Bank data on each Payment made without errors and distortions, in order to account for Payments by the Aggregator on the Personal Accounts of Users and Sellers.
6.4. The Operator is obliged to resolve disagreements and eliminate inconsistencies identified by the Aggregator in the data of the Register of accepted Payments in relation to the transferred amount of funds.
6.5. The Operator has the right to suspend the acceptance of Payments from Payers in favor of the Seller through the Aggregator using the Processing Center in the following cases:
6.5.1. for the period of the investigation on the grounds specified in the sub-paragraphs specified below in this paragraph, immediately notifying the Aggregator of the decision made in any available way, as well as requesting additional information from the Seller about suspicious Payments using Payment Cards, if the following was previously revealed:
·increase in the number of unauthorized Payments by Payers in favor of the Seller;
·exceeding the number of Chargeback cases for a calendar month by more than 20 (twenty) cases, or exceeding the total amount of Chargeback by more than 1% (one percent) in the total amount of Payments using Payment Cards in favor of the Seller for the previous calendar month.
6.5.2. violation/non-fulfillment by the Aggregator of the Contract concluded with the Operator;
6.5.3. for the period of routine technical work with the Processing Center, having previously notified the Aggregator by e-mail about such work, indicating the exact start time and expected end of such work at least one day before the actual date of suspension;
6.5.4. the occurrence of circumstances independent of the Operator that directly make it impossible to accept Payments, having previously notified the Aggregator in writing about such circumstances 5 (five) calendar days before the actual date of suspension of Payment acceptance.
6.6. The Operator has the right to analyze (monitor) the information contained in Payments using the Processing Center in order to identify unauthorized transactions with Payment cards by Payers and refuse to make Payments that raise suspicions about their legality.
6.7. The Operator has the right to unilaterally cancel the contract with the Aggregator if the actions of the Aggregator/The seller, as a result of the execution of such an agreement, leads to a violation of the rules of the PS, including at the request of the PS.
7. Rights and obligations of the Aggregator
7.1. The Aggregator provides services to the Parties to the Rules in the manner and on the terms specified in the Rules. The list of services is specified in the Rules and Appendices to them.
7.2. The Aggregator coordinates the activities of the Parties that have joined the Rules related to the acceptance, processing and delivery of Orders and Payments made on the Site and through the Site, and also provides information technology interaction of the Parties that have joined the Rules, including, but not limited to the following functions:
7.2.1. Creation and introduction of additions and/or changes to the regulatory documents of the Site;
7.2.2. Control over the Parties' compliance with the requirements of regulatory documents, including contracts and agreements concluded between the Parties;
7.2.3. Development of requirements for technological solutions, including the type and order of operation of the Site, the protocol of data exchange between the Operator, Settlement Bank, Aggregator, Carrier, Guarantor and Seller; verification of technological solutions offered by the Parties for compliance with the requirements of the Site and the Rules;
7.2.4. Assistance in placing an Order and making a Secure transaction;
7.2.5. Creation of accompanying documents for the delivery of the Order from the Seller to the Customer according to the details specified by the parties.
7.3. The Aggregator, on behalf of the Seller and on his behalf, carries out information technology exchange in order to organize payment acceptance from the Payer to the Seller.
7.4. The Aggregator undertakes not to accept Orders and Payment Cards for payment for goods/works/services in the following cases:
7.4.1. The Payer intends to purchase the same product/work/service, the payment operation for which was previously disputed by the Payer (regardless of the reasons for the dispute);
7.4.2. The Aggregator or the Seller knows/should have known that the transaction is being carried out for fraudulent purposes.
7.5. The Aggregator undertakes to accept and account for the Operator's information on accepted Payments on the Clients' Personal Accounts; Payments must be reflected by the Aggregator on the Users' Personal Accounts in full, in accordance with the information provided by the Operator on accepted Payments.
7.6. The Aggregator provides the Agent with information about the Aggregator and the services provided by the Aggregator to attract Sellers for service on the Aggregator's Site, and also updates such information in case of changes.
7.7. The Aggregator pays remuneration to the Agent in accordance with the procedure and conditions established by the Rules and the relevant service agreement.
7.8. The Aggregator undertakes to consider all, without exception, Contracts for the provision of services with Sellers, as well as agreements on the termination of these contracts, provided that the person who declared accession to the Rules does not have debts to the Aggregator, Operator, Agent and Carrier for monetary obligations arising from other contracts. The date of conclusion of such an agreement by the Aggregator is the date of its signing by authorized representatives of the Aggregator.
7.9. The Aggregator is obliged to transfer to the Seller all Payments accepted from the Operator in his favor, if the Payment data were accepted by the Aggregator to be reflected on the Client's Personal Account within the time specified in the Contract with the Seller, or within the time specified in the Rules, or by Order of the Guarantor in accordance with the Conditions stipulated in the Safe a deal. At the same time, interest for the use of monetary funds provided for in Article 317.1. of the Civil Code of the Russian Federation for the amount of Payments accepted in favor of Sellers until such Payments are transferred to Sellers are not accrued.
7.10. The Aggregator is obliged to resolve disagreements and eliminate inconsistencies identified by the Seller in the data of the Register of accepted Payments in relation to the transferred amount of funds.
7.11. In case of erroneous crediting by the Operator/The Aggregator has the right to recalculate the amounts of subsequent transfers to the Seller by the Settlement Bank of the amounts not subject to transfer. And if the recalculation cannot be made, the Aggregator sends a notification to the Seller, on the basis of which the Seller, within 3 (Three) working days, refunds the amounts unnecessarily credited to the Seller's account.
7.12. The Aggregator is obliged, at the request of the Seller, to provide him with reports/registers on the Seller's Payments by e-mail or in his Personal Account.
7.13. The Aggregator has the right to post materials about Goods and Services, means of individualization, including the Seller's logo in the form in which it was presented by the Seller, without adjustments and distortions and without charging additional fees on the Aggregator's Website or the websites of the Aggregator's partners, where a link to the Seller's official website is also indicated. Placement is carried out for the period of paid provision of services to the Seller, in sections of the site determined at the discretion of the Aggregator or its partner. Such placement of the logo on a gratuitous basis does not pursue the purpose of providing services and/or making a profit, is associated with the fulfillment by the Aggregator of its contractual obligations to the Seller and is aimed at attracting Users' interest in the Seller's Goods /services.
7.14. The Aggregator has the right to withhold funds received by the Aggregator from the Seller who has debts to the Aggregator, when transferring which the purpose of payment is indicated incorrectly (not in accordance with the requirements of the Rules), until such Seller repays all existing debts to the Aggregator.
7.15. The Aggregator, when accepting and processing Orders and Payments within the framework of the information technology service of the Seller and on his behalf, has the right to charge remuneration from the Payer for making a Payment in the amount of such Payment, in case of incorrect indication of payment details by the Payer, if this led to the refusal of the Aggregator to accept and reflect information on the Client's Personal Account Payment. The right to receive remuneration for Payment acceptance arises from the Aggregator after 3 (three) days from the date of such Payment by the Payer, provided that during this period the Payer has not contacted the Aggregator, and/or the Operator, and/ or the Seller and/ or the Settlement Bank to adjust the Payment details in order to accept the Payment by the Aggregator and the reflection of Payment information on the Client's Personal Account or for the refund of the Payment amount. The right to receive remuneration for making a Payment is exercised by the Aggregator at its discretion.
7.16. The Aggregator has the right to make deductions without acceptance from the funds transferred by the Aggregator to the Seller:
7.16.1. Remuneration of the Aggregator, in accordance with the terms of the relevant agreement and Rules and in accordance with the procedure established by such agreement and Rules;
7.16.2. amounts of Cancellations carried out by the Seller;
7.16.3. Refund amounts carried out by the Seller;
7.16.4. amounts of Invalid transactions;
7.16.5. amounts of Chargeback operations;
7.16.6. the amounts of remuneration for the Secure Transaction service calculated by the Guarantor;
7.16.7. amounts of transactions declared by the PS in Incident Cycles and withheld from the Aggregator by the Operator;
7.16.8. PS fines and other losses and expenses withheld from the Aggregator by the Operator in connection with the conduct of Incident Cycles on Payments made in favor of the Seller.
7.17. The Aggregator has the right, without the Seller's prior consent, to provide the Operator, the Guarantor, the Carrier, the Settlement Bank and Issuers, upon their request, information known to the Aggregator related to the Seller's details (location address, postal address, contact details, bank details) and all other information specified in the Contract for the Provision of information technology Exchange for the purpose of organizations that accept payments in order to use this information in fraud prevention programs.
7.18. The Aggregator has the right to suspend the acceptance of Payments from Payers in favor of the Seller using the Processing Center provided by the Operator in case of exceeding the limits and restrictions established by the Contract for the Provision of Information technology Exchange Services for the purpose of organizing the acceptance of Applications and Payments concluded by the Aggregator and the Seller.
8. The order of calculations.
8.1. Вознаграждение Агрегатора
8.1.1. Вознаграждение Агрегатора за оказание Продавцу услуг по информационно-технологическому обмену в целях организации приема Платежей исчисляется в рублях Российской Федерации в процентах от общей суммы Платежей, принятых в пользу Продавца в предыдущем календарном месяце, и/или в виде фиксированной суммы.
8.1.2. Ставка вознаграждения Агрегатора за оказание услуг по информационно-технологическому обмену в целях приема Платежей, а также порядок выплаты такого вознаграждения Агрегатора устанавливаются в соответствующем Договоре на оказание услуг информационно-технологического обмена с целью организации приема платежей, заключенном между Продавцом и Агрегатором. Отдельные положения о вознаграждении Агрегатора могут содержаться в Правилах и приложениях к ним. Ставка вознаграждения может изменяться по соглашению между Продавцом и Агрегатором либо в одностороннем порядке Агрегатором. Агрегатор обязан уведомить Продавца об одностороннем изменении ставки вознаграждения путем направления электронного письма на адрес электронной почты Продавца в срок не менее чем за 30 календарных дней до предполагаемой даты изменения ставки вознаграждения.
8.1.3. Вознаграждение удерживается Агрегатором из сумм Платежей, перечисляемых Агрегатором Продавцу. Удержанное вознаграждение по операциям, по которым впоследствии были осуществлены возвраты или отмены, не возвращается.
8.2. Вознаграждение Агента
8.2.1. Вознаграждение Агента за оказание Агрегатору услуг по поиску, привлечению и обслуживанию Продавцов исчисляется в рублях Российской Федерации в процентах от общей суммы Платежей, проведенных в отчетном периоде, и/или в виде фиксированной суммы.
8.2.2. Ставка вознаграждения Агента за оказание услуг, а также порядок выплаты такого вознаграждения устанавливаются в Договоре на оказание услуг, заключаемом между Агентом и Агрегатором, и может изменяться по соглашению между Агентом и Агрегатором либо в одностороннем порядке Агрегатором.
8.3. Порядок расчетов и приема оказанных услуг для Агрегатора и Продавца.
8.3.1. Агрегатор в течение 3 (трех) рабочих дней с даты отгрузки Заказа, устанавливаемой по дате приёма Сопроводительных документов (накладной) обязан перечислить на расчетный счет Продавца поступившие в его пользу Платежи за вычетом причитающегося Агрегатору вознаграждения и сумм, указанных в п.п.7.16.2-7.16.8 Правил.
8.3.2. Ежемесячно в течение 5 (Пяти) рабочих дней с момента окончания предыдущего отчётного периода Агрегатор составляет Акт об оказании услуг по форме Приложения №2.2 к Договору на оказание услуг информационно-технологического обмена с целью организации приема платежей и направляет в адрес Продавца через ЭДО.
8.3.3. Продавец обязуется обязан подписать Акт об оказании услуг в течение 5 (Пяти) рабочих дней с момента его получения и направить один экземпляр Агрегатору, либо направить Агрегатору через ЭДО мотивированный отказ. В случае, если по истечении 5 (Пяти) рабочих дней с момента получения Акта об оказании услуг Продавец не направит Агрегатору подписанный со своей стороны Акт об оказании услуг и не предоставит письменного мотивированного отказа от его подписания, услуги по настоящему Договору считаются оказанными Продавцу в полном объёме, а Акт об оказании услуг подписанным
8.4. Порядок расчета и приема оказанных услуг для Агрегатора и Агента.
8.4.1. Агент обязан в течение 5 (пяти) рабочих дней после окончания Отчетного периода сформировать и направить через ЭДО Агрегатору Акт приема-передачи оказанных услуг Агента по утвержденной Агрегатором форме (Приложение № 2.5. Правил). Подписание Акта Сторонами означает отсутствие претензий Сторон друг к другу за предыдущий календарный месяц.
8.4.2. Агрегатор подписывает Акт приема-передачи оказанных услуг Агента и направляет один подписанный экземпляр Агенту, либо направляет Агенту в течение 5-ти рабочих дней мотивированный отказ от принятия Акта. В случае, если в течение срока, установленного настоящим пунктом Правил, Агрегатор не направит через ЭДО Агенту подписанный экземпляр Акта, либо мотивированный отказ от принятия Акта, такой Акт считается принятым Агрегатором без замечаний.
8.4.3. Агрегатор на основании Акта приема-передачи оказанных услуг выплачивает Агенту вознаграждение путем безналичного перечисления денежных средств на расчетный счет Агента, указанный в договоре на оказание услуг, не позднее 15-го числа месяца, следующего за отчетным.
9. Responsibility
9.1. In case of violation by either Party of its obligations under the accession agreement, the other Party is released from liability for losses that may arise due to such violation for the offending Party.
9.2. For non-fulfillment, incomplete or improper fulfillment of obligations, the Parties to the Rules are responsible in accordance with the current legislation of the Russian Federation and the terms of these Rules.
9.3. In case of non-fulfillment, incomplete or improper fulfillment by a Party of the Rules of the terms of these Rules, such Party to the Rules undertakes to compensate for losses caused to other Parties to the Rules.
9.4. The Parties are released from liability for non-fulfillment or improper fulfillment of obligations under the Agreement if this non-fulfillment was the result of force majeure circumstances that arose after the conclusion of the Agreement as a result of extraordinary events that the Party could neither foresee nor prevent by reasonable measures (force majeure).
9.4.1. On the occurrence and termination of force majeure circumstances, the Party that does not fulfill its obligations due to these circumstances is obliged to notify the other Parties in writing about the occurrence and termination of such circumstances within 3 (three) working days. The aggregator, who has received such a notification from one of the Parties to the Rules, undertakes to notify the other Parties by posting information on the Site.
9.4.2. Documents issued by the competent authorities of the Russian Federation may serve as proof of the presence and duration of force majeure.
9.4.3. A Party referring to the circumstances specified in clause 9.4 of these Rules and not fulfilling the obligation to notify the other Party provided for in clause 9.4.1 of these Rules, shall not be entitled to refer to these circumstances in case of non-fulfillment, incomplete or improper fulfillment of its obligations under these Rules.
9.4.4. After the termination of the circumstances specified in clause 9.4 of these Rules, the Parties are obliged to continue to fulfill their obligations to comply with the Rules, unless otherwise provided by an additional written agreement of the Parties.
9.5. The Aggregator is not responsible for the delay in transferring Payments to the Seller or remuneration to the Agent if the delay is caused by inaccurate data in the bank details reported by the Seller or Agent, respectively, or an untimely notification of their change.
9.6. The Aggregator is not liable for damage caused to Payers, Customers and / or third parties in case of violation by the Seller of its obligations to Customers or Payers arising in the process and in connection with the provision of services / sale of goods.
9.7. In case of violation by the Seller of the obligations to ship orders to Customers in full, including a change in the price indicated in the Order, based on the information provided by the Aggregator about the Order and in accordance with the amounts of Payments transferred from the Clients' Personal Accounts, the Seller is liable in the form of a fine in the amount of 100% of the Order amount, but not less than 5,000 (five thousand) rubles for each detected violation.
The aggregator, in addition to collecting a fine, has the right to suspend the acceptance of Payments in favor of the Seller if the Seller repeatedly commits similar violations within the period specified in the claim. Confirmation of the Seller's violation of obligations may be Customer claims, statements on Customers' Personal Accounts in the Aggregator's accounting system, audio and video recordings with explanations from the Seller's employees, data received from the Carrier, as well as other sources.
9.8. The Seller is fully responsible for the quality of goods/ services, as well as for the content of any information provided by the Seller to Customers and /or Payers, as well as for the content of information posted by the Seller on the Website and on the Internet in connection with the sale of goods / services, and undertakes at the first request of the Aggregator (on the date of receipt of the relevant requirements for any communication channels) delete any information about the Aggregator posted by the Seller on the Internet.
9.9. The Seller undertakes to compensate the Aggregator for any losses (including lost profits) if such losses were incurred by the Aggregator in connection with unreliable presentation of information about the Aggregator on the Internet, or in connection with illegal or inappropriate content of goods/ services or information posted by the Seller in any sources, including the Internet and in any mass media, if the information posted has an extremist character, including if it is related to propaganda of war, violence, class, national, religious, racial discord, pornographic content.
9.10. For violation by the Seller of the terms of payment of remuneration to the Aggregator, the Seller pays the Aggregator a penalty in the amount of 0.1% of the amount of remuneration to be paid for each day of delay.
9.11. In case of untimely fulfillment of obligations by the Seller, including upon notification of the Aggregator of changes in the Seller's data and in accordance with clause 3.13 of the Rules, the Seller is accordingly liable in the form of a fine of 5,000 (Five thousand) rubles for each violation. The obligation to prove the fact of sending data is assigned to the Seller.
9.12. All orders of the Seller to carry out Cancellations, Refunds and other actions transmitted to the Aggregator by the Seller using his Personal Account or by sending them appropriate commands according to the protocol of interaction between the Aggregator Platform and the Seller's software product are equivalent to orders carried out by the Seller in writing.
9.13. The collection of any penalties and penalties, as well as the presentation of a claim for damages is a right, not an obligation, and is implemented by the Parties at their sole discretion.
9.14. The right of the Party to recover damages and penalties is realized by sending a written claim to the guilty Party.
9.15. The Parties to the Rules recognize and understand that documents received by fax, electronic or other communication, including data generated by the Operator's Processing Center (in electronic form or in the form of facsimile messages), as well as electronic and/or facsimile messages of Payment Systems and/or Issuers about transactions carried out using Payment Systems the cards on the Aggregator's Website for the relevant time periods are proper written evidence that can be used in courts and arbitration courts, as well as to determine the amounts of funds, to be transferred by the Aggregator to the Seller's bank account.
9.16. In the event of a dispute regarding any transaction carried out under these Rules, reports signed by the CEP Aggregator, registers of Payments in favor of the Seller for the relevant time periods, as well as the messages of Payment Systems specified in this paragraph, sealed by the Aggregator and the Settlement Bank, may be used as written evidence in courts and arbitration courts.
9.17. The Aggregator has the right to set off accounts receivable for all monetary obligations of the Seller, including those arising from contracts concluded by the Seller with the Aggregator that are not provided for by the Rules, against the amounts to be transferred to the Seller, including the amounts of accepted Payments or remuneration, as well as to apply a claim procedure for collecting the specified debt.
9.18. Payment of penalties and compensation for damages does not release the Parties from the proper fulfillment of their obligations and compliance with the Rules.
9.19. The Parties consider the guilty Party's admission of a fine to be the signing (including unilaterally) of a report or act provided for by the Rules, or another document that reflects the amounts of penalties, and/or the execution by the guilty Party of actions aimed at paying off the fine.
10. The effect of the Rules
10.1. The Rules come into force for the Seller and the Agent from the date of signing the agreement of accession to the Rules by an authorized representative of the Aggregator and are valid, unless otherwise provided by such agreement, until the date of termination of the said agreement on the initiative of either Party, with prior written notification to the other Parties in the following terms:
10.1.1. The Seller/Agent notifies the Aggregator at least 30 (thirty) days before the expected termination date;
10.1.2. The Aggregator notifies the Seller/Agent 5 (five) days before the expected termination date.
10.2. The Agreement is terminated only if the parties carry out mutual settlements.
10.3. From the date of termination of the Contract for the provision of information technology exchange services for the purpose of organizing payment acceptance with the Seller, the powers of the Aggregator to make Payments for services and goods of such a Seller are terminated. Disconnecting a particular Seller from the functionality of the Site does not affect the rights and obligations of other Parties to the Rules.
10.4. If the ground for termination of the agreement of accession to the Rules was a material violation by one of the Parties, the other Parties have the right to demand compensation for losses caused by termination.
10.5. The monetary obligations of the Parties, as well as the obligations determining the liability of the Parties for violation of the Rules, remain until their full execution.
11. Deadlines, dates and times
11.1. The terms of performance of obligations by the Parties to the agreements are calculated in working days. If the date of fulfillment of a monetary obligation falls on a non-working day, the deadline for its fulfillment is postponed to the next working day following the date of fulfillment of the obligation.
11.2. The date and time of any actions of the Party are determined by Moscow time (GMT +3 hours).
11.3. A written message from either Party is considered to have been sent, depending on which event occurred earlier:
a) from the moment of publication of the text of the message on the Website or sending an electronic document representing the specified message;
b) from the moment of sending the message by mail or fax;
c) from the moment of delivery of the written document to the representative of the Party.
12. Privacy and security
12.1. The Parties to the Rules undertake to take all necessary measures for the security and protection of information and documents exchanged through the Site and on the Site or which are available to the Parties to the Rules in connection with the use of the Site and the Site.
12.2. The Parties to the Rules undertake to maintain confidentiality with respect to information that is not publicly available about other Parties to the Rules that became known to the Party to the Rules in connection with joining the Rules (including the terms of the agreement of joining the Rules), authorization data, data Reports and Acts, except in cases where:
·such information is publicly available;
·disclosed at the request or with the permission of the Party of the Rules that is the owner of this information;
·subject to provision to third parties to the extent necessary to fulfill the obligations stipulated by the Rules;
·requires disclosure on the grounds provided for by law, or upon receipt of relevant requests from the court or authorized state bodies;
· in other cases stipulated by the Rules.
12.3. The Parties to the Rules assume obligations:
·not to carry out illegal financial transactions, illegal trade, money laundering operations, and any other operations in violation of the legislation of the Russian Federation through the payment service of the Processing Center;
· to prevent attempts of illegal trade, illegal financial transactions, operations aimed at the legalization (laundering) of proceeds from crime;
·comply with the terms of Appendix No. 3 of these Rules.
13. Иные условия
13.1. The Aggregator, including on behalf of the Operator or the Settlement Bank, has the right to unilaterally amend the Rules by publishing a document containing information about such changes on the Website. The amendments come into force from the moment of publication, unless another date for the entry into force of the amendments is additionally determined at the time of their publication.
13.2. All disputes and disagreements that have arisen during the implementation of the Rules are subject to settlement through negotiations. Each of the Parties, after receiving a claim from the other Party, is obliged to satisfy the claims stated in the claim or send a reasoned refusal within 15 (Fifteen) days. If the dispute that has arisen is not resolved in a claim procedure within 15 (Fifteen) days, either Party has the right to apply for dispute resolution to the Arbitration Court of the Rostov region.
13.3. The Party that has joined the Rules guarantees that all the terms of the Rules are clear to it and accepted by it without reservations and in full.
13.4. In everything that is not provided for by the Rules and the agreement of accession to the Rules, the Parties to the Rules are guided by the current legislation of the Russian Federation.
13.5. At the request of the Seller /Agent, the Aggregator may provide him with a certified copy of the Rules in the wording in force at the time of certification.
13.6. Interest for the use of funds provided for in Article 317.1. of the Civil Code of the Russian Federation is not accrued on any funds received by the Aggregator and/or Settlement Bank in accordance with the Rules. Within the framework of these Rules, Article 317.1. of the Civil Code of the Russian Federation does not apply.
13.7. The Seller/Agent does not have the right to involve third parties for the implementation of these Rules without the written consent of the Aggregator.
13.8. The Aggregator has the right to involve Settlement Banks and legal entities with their own Processing Centers to comply with the Rules without the written consent of the Seller/Agent.
