USER AGREEMENT OF THE Website Alarm SERVICE
This User Agreement (the “Agreement”) establishes the rules for using the services (services) the site “Alarm Site”, located on the Internet at the network address: https://site-alarm.com (“Website”/ “Service”) and it is a public offer. The copyright holder (Administration) under this Agreement is: Individual entrepreneur Filippov Pavel Olegovich OGRNIP 324774600606084, registered as a payer of professional income tax, hereinafter referred to as the Administration. Further, the Administration and the specified interested parties are also referred to as “Parties”. By mutual agreement, the Parties have determined that in their legal relations arising from this Agreement, they will proceed from the following interpretation of the main categories and terms:
- website on the Internet - a set of programs for electronic computers and other information contained in the information system, access to which is provided via the Internet information and telecommunications network (hereinafter also referred to as the Internet network) by domain names and/or network addresses that allow identifying sites on the network “Internet”;
- legal status of the owner of the website on the Internet - a person who independently and at his own discretion determines the procedure for using the website on the Internet, including the procedure for posting information on such a website - the Rightholder, while:
- access to information - the ability to obtain information and use it,
- confidentiality of information - a mandatory requirement for a person who has gained access to certain information not to transfer such information to third parties without the consent of its owner,
- provision of information - actions aimed at obtaining information by a certain circle of persons or transmitting information to a certain circle of persons,
- dissemination of information - actions aimed at obtaining information by an indefinite circle of persons or transmitting information to an indefinite circle of persons,
- information holder - a person who independently created information or obtained the right to authorize or restrict on the basis of a law or contract access to information determined by any criteria;
- the legal status of the personal data processing operator is a person who, independently or jointly with other persons, organizes and (or) processes personal data, as well as determines the purposes of personal data processing, the composition of personal data to be processed, actions (operations) performed with personal data as a result of the functioning of the website on the Internet, and with the mandatory consent of the owner of personal data, while:
- personal data - any information relating directly or indirectly to a specific or identifiable natural person (subject of personal data),
- personal data processing - any action (operation) or set of actions (operations) performed with or without the use of automation tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data,
- automated processing of personal data - processing of personal data using computer technology,
- dissemination of personal data - actions aimed at disclosure of personal data to an indefinite circle of persons,
- provision of personal data - actions aimed at disclosure of personal data to a certain person or a certain circle of persons
- blocking of personal data - temporary termination of processing of personal data (except in cases where processing is necessary to clarify personal data),
- destruction of personal data - actions as a result of which it becomes impossible to restore the content of personal data in the personal data information system and (or) as a result of which the material carriers of personal data are destroyed,
- depersonalization of personal data - actions as a result of which it becomes impossible to determine the identity of personal data to a specific subject of personal data without using additional information;
- databases - a set of independent materials presented in an objective form (articles, calculations, regulations, court decisions and other similar materials), systematized in such a way that these materials can be found and processed using an electronic computer (computer), including by distributing them on the website on the Internet”, or formed in the process of creation, operation of the website on the Internet;
- personal data information system - a set of personal data contained in databases and information technologies and technical means ensuring their processing, including those formed in the process of creation and/or operation of the website on the Internet, presented in an objective form;
- the site page on the Internet (hereinafter also referred to as the Internet page) is a part of the site on the Internet, which is accessed by an index consisting of a domain name and symbols defined by the owner of the site on the Internet;
- domain name is a symbol designation intended for addressing sites on the Internet. in order to provide access to information posted on the Internet;
- network address - an identifier in the data transmission network that determines the subscriber terminal or other means of communication included in the information system when providing telematic communication services;
- Service - a set of web pages hosted on a virtual server and forming a single structure located on the Internet at: https://site-alarm.com;
- personal account – a section of the site containing information about the User and his activity. Access to the Personal Account is carried out by means of unique identification data – a login corresponding to the User’s contact e–mail address and password - initially generated by the Copyright Holder and available for further change by the User at his own discretion;
- the user is an individual (fully capable and legally capable) person, and/or a legal entity represented by its representative.
- visitor – a user who accesses the Site via the Internet;
- authentication – a certificate of identity of the person concerned and the person sending messages to the Administration;
- messages – any administrative and/or informational messages sent by the Administration and the interested party to each other during the execution of the Agreement;
- means of confirmation – an electronic or other means used for authentication and /or confirmation (signing) of electronic documents by an interested person;
- SMS authentication is a technology in which the authentication of an interested person when sending messages to the Administration via the phone is carried out by checking the validity of the BOC sent in an SMS message to the trusted phone number of the interested person;
- trusted phone number — the subscriber number of an interested person - an individual, specified by the person when registering contractual relations with the Administration, used, inter alia, for sending SMS messages to the person within the framework of the Agreement, as well as for sending BCP/SMS codes to the person. The trusted phone number is necessarily confirmed when signing the Agreement by sending an SMS message to this number by the Administration. Responsibility for the ownership of the subscriber number lies with the interested party;
- one-time digital password (RCP) is an authentication tool sent by the Administration to the trusted phone number of the interested person via SMS message and used to authenticate the interested person when the interested person sends messages to the Administration by phone. The BCP is a sequence of digits used once. The BCP is limited by the validity period during which the interested person can use it. If the interested person misses the validity period of the BCP, such a BCP is recognized by the Administration as invalid.
- order - a request for the purchase of services sent via the Website;
- customer - a user who places or has placed an Order.
- user account (profile) - a User account created at the time of registration on the site, allowing to identify (authorize) each User through access details (login and password);
- content - information posted on the Site, including: advertising, texts, comments, announcements, photo and/or video materials, design elements, illustrations, scripts, computer programs. The content of the Service is divided into Materials and administrative content that the Administration creates and/or places for the functioning of the Service;
- materials - user content that is placed by the User to order services through the functionality of the Service.
- communication channel - e-mail with the contact addresses specified in this Agreement;
- computer program - a set of data and commands expressed in any language and in any form, including the source text and object code, presented in an objective form, intended for the operation of computers and other computer devices, including preparatory materials obtained during the development of this computer program;
- legal status “Rightholder” - a person who independently and at his own discretion determines the procedure for using a computer program, within the framework of the entire complex of exclusive rights belonging to him (with the exception of personal non-property rights related to the authorship of this computer program);
- access service - providing an opportunity for the User to use the Service.
In this Agreement, unless otherwise expressly follows from the context, the concepts listed below have the following meanings: a) We and the declensions of this pronoun mean the Administration and its partners with whom it has concluded contracts. b) You - and the declension of this pronoun implies the concept of an interested person.
The Agreement may use terms not specifically defined in this section of the Agreement. In these cases, the interpretation of the terms is carried out in accordance with the text and meaning of this Agreement. In the absence of an unambiguous interpretation of the term in the text of the Agreement, one should be guided, firstly, by the interpretation of the terms used on the Website; secondly, by the civil legislation of the Russian Federation.
1) Subject matter of the agreement, applicable law and basic concepts
1.1) This agreement is addressed to any legally capable natural person and/or legal entity, and is a public offer of the Copyright Holder (hereinafter also referred to as the Administration, the Site Administration) to conclude an Agreement on the terms specified therein, by joining the data(s) of the persons(s) made by accepting this agreement.
If the interested person is an individual who has not reached the age of 18, he/she should familiarize himself/herself with this Agreement, together with his/her parents or other legal representatives, while his/her parents or other legal representatives have the right to accept this Agreement.
If the person concerned does not have full legal capacity, there is a presumption that he/she will perform all actions carried out on the Site, with the consent and under the control of his/her parent/legal representative. The conclusion of an Agreement with an interested person who does not have full legal capacity is possible only in the process of inheritance procedures and with the participation of a legal representative or a person replacing him.
1.2) The current version of this Agreement is posted on the Copyright Holder’s website at: https://site-alarm.com . The copyright holder offers to carefully read the text of this Agreement and, in case of disagreement with any of its clauses, refuse to accept it.
1.3) The Rightholder, being the owner of exclusive property and other rights to the website “Alarm Site”, provides Users with the opportunity to use the Site, which is a collection of information and computer programs contained in the information system that ensures the availability of such information on the Internet (hereinafter also referred to as the platform).
1.3.1) Through the Website, the Administration provides an electronic Internet platform for the User to access the Service for the period during which the Website and the Personal Account remain accessible to the User. At the same time:
- users are provided with a paid simple (non–exclusive) license to use the Service and its software for their intended purpose - ordering a site scan performed by the user’s order, including online, on the terms and in the manner determined by this Agreement, including by accessing and using the Personal Account explicit functions.
1.4) In accordance with Clause 3 of Article 438 of the Civil Code of the Russian Federation, acceptance of an offer is equivalent to concluding a contract on the terms set out in the offer and is equivalent to a contract signed by hand.
1.4.1) The acceptance of the offer is the registration of the User on the Website and the creation of an account (personal cabinet), his account / order of services and /or goods, the acceptance of the paid services offered under the terms of this offer is the payment of these services.
1.5) The Site Administration has the right to unilaterally make changes and additions to this Agreement, including, but not limited to: change the functionality of the platform, enter and cancel payment for using the Site, enter /cancel, change payment for providing access to all or some of the Site services, transfer in whole or in part on a temporary or on a permanent basis, the rights of the Copyright Holder to third parties, etc., - without prior notification of the User and/or obtaining approval from him.
1.5.1) The Site Administration has the right, at its discretion, to notify Users of additions and/or changes to this Agreement in a way that the Site Administration deems most acceptable.
1.5.2) The use of the Site, the materials and services offered on it at any time means the unconditional acceptance by the User of all the terms of this Agreement and its components. If the User disagrees with the current version of the User Agreement in whole or in part, he must immediately request the Site Administration to delete his Account and stop using the Site until his Account is deleted.
1.6) Each Party guarantees that it has all the necessary powers and documents to fulfill its obligations under this Agreement and confirms that the execution of this Agreement will not entail a violation of any contracts with its participation, regulations binding on the relevant Party. Each Party also confirms that it is vested with the proper authority, fully dee - and legally capable, for signing and executing this Agreement, and they do not need any additional permits and approvals for signing and executing this Agreement.
1.7) A User who has disseminated information in any form, including in the form of text, graphic images, photos or video images, guarantees that he is the proper copyright holder in relation to this information, and if this is not the case, then such User undertakes to comply with the rules of citation, indicating the source of the disseminated information, and the dissemination of such information does not violate any personal and/or property rights of third parties.
1.7.1) By posting any protected materials on the Site on his own behalf, the owner of the exclusive rights to which is himself (a), the User gives his consent to the gratuitous use of such materials by the Site Administration for a period of 50 years, including for commercial purposes, including bringing such materials to the public using the Site, of other Internet resources belonging to the Site Administration, reproduce the materials and works included in them in an unlimited number of copies in any material form, including (but not limited to) sound, video, recording of the work on electronic media, in computer memory, distribute copies of the materials and works included in them, publicly demonstrate or perform copies of the materials and works included in them, communicate the materials and works on the air, by cable, translate or otherwise process the materials. If the User does not wish to give the Site Administration consent to the use of the materials posted by him on the specified terms and by the above methods, he (a) is obliged to notify the Site Administration about this.
1.7.2) Taking into account the specifics of copyright objects, for which rights do not require registration of the work or compliance with any other formalities, taking into account the specifics of the use of works on the Internet, when assessing the User’s compliance with the exclusive rights of third parties, the Site Administration proceeds from the presumption of the User’s good faith, compliance with the rights of third parties and strict adherence to all provisions of this Agreement.
1.7.3) The Administration notifies the User that the legislation does not establish the obligation of the person providing the service on the Internet to monitor the information that users upload to the service on the Internet, as well as actively search for facts or consequences indicating illegal activity, including violation of copyright and exclusive rights to intellectual activity. In this regard, the User is considered to be notified that he is solely responsible for the violation of intellectual rights when uploading user content (Materials) to the Service.
1.7.4) If a violation of the intellectual rights of third parties is detected as a result of the User posting any materials on the Site, the User is responsible for such violation. In the event that the alleged violation of the intellectual rights of third parties is revealed by the Site Administration, including the complaint of the actual copyright holder or his legal representative, the Site Administration has the right, without prior notice to the User, to block or delete from the Site materials, the placement and use of which may violate the rights of third parties.
1.8) Considering that copyright infringement by the User as a result of the User posting materials on the Site is a material violation of this Agreement, the Site Administration has the right to suspend, block or delete the User account that committed such violation.
1.9) The Site’s services are provided both on a paid (paid) basis and on a gratuitous (free) basis, the provision of Site services on a reimbursable basis is provided upon prior notification of the User, - without specifying a time limit, except in cases of termination of the provision of such services on the grounds and in accordance with the procedure provided for in this Agreement.
1.9.1) The Site Administration has the right at any time to change the procedure and conditions for providing the Site services, as well as to change their composition (in full, or in part both in the direction of restriction and in the direction of expansion), as well as to terminate the provision of such services (in full and /or in part), without explaining the reasons for such terminations.
1.10) The Site Administration has the right at any time to establish rules according to which the provision of transactional services of the Site may be provided upon identification of the User’s identity and/or the bank account specified by him.
1.11) When using the services of the Site, it is strictly prohibited:
the use of words, expressions, images, audio and video materials that contradict the norms of humanity, morality and morality, business ethics, including the use of abusive words or expressions, insults to Users, Site Administration, third parties, the spread of threats to the life, health of people or animals, the use of words, textual, pictorial, audio and video materials of a discriminatory, humiliating, offensive, obscene or pornographic nature aimed at humiliating human dignity, inciting hatred or enmity, causing Users or other persons moral suffering, moral harm, damage to business reputation, as well as the reputation of trademarks and brands of the Site Administration or third parties;
placement and distribution of promotional materials aimed at promoting goods, works, services, and means of individualization of third parties that are not coordinated with the Site Administration.
1.12) Guarantees and limitations of liability of the parties:
1.12.1) The Rightholder provides the User with a service of proper quality, that is, suitable for use in accordance with the purposes for which this service is purchased, that is, corresponding to the requirements usually imposed and suitable for the purposes for which the service of this kind is usually used.
1.12.2) The Parties hereby acknowledge that the materials and services are provided by the Copyright Holder “as is” without any guarantees. The copyright holder does not guarantee the accuracy and completeness of the materials, programs and services.
1.12.3) The User hereby acknowledges and agrees that the Platform is provided on an “as is” basis and the Copyright Holder is not obliged to provide the User with corrections, additions, new versions of the Platform. The platform, like any software, is not free from software errors, failures. The Copyright Holder is not responsible for any errors, failures, violations in the operation of the Platform, as well as for possible losses of the User in connection with this.
1.12.4) The Copyright Holder is not responsible for failures in the work of the provider, hosting.
1.12.5) The Website may contain links to websites and other information resources of third parties on the Internet, posted solely for the convenience of Users. The Site Administration does not declare its approval and does not give any assessment of third-party sites or information contained on these sites, as well as the possible results of their use, nor does it verify the accuracy and relevance of this information. Responsibility for the use of third-party sites lies entirely with the User.
1.12.6) The Site Administration is not responsible for technical failures on the Site, for temporary lack of access to the Site, materials posted on it, if this is caused by planned or unscheduled technical and preventive maintenance, technical failures in the operation of Internet service providers, computer networks, servers and software, as well as illegal actions of third parties and actions the User himself and/or force majeure circumstances.
1.12.7) The User guarantees that he will use the Internet service “Alarm Site” only in the ways and on the terms provided for in this Agreement.
1.12.8) No provisions of this Agreement grant the User the right to use the brand name, trademarks, domain names and other distinctive marks of the Copyright Holder.
1.12.9) The Rightholder, performing the functions of the Site administration, reserves the right to monitor the User’s compliance with the rules established by this Agreement, including, but not limited to, the right to moderate and/or pre-moderate the materials posted and/or posted by the User.
By accepting the terms of this Agreement, the User unconditionally agrees that all sections and services of the Site, including messages between two Users, are not private, are not intended for purely personal, confidential use, and at any time are available for monitoring and moderation by the Site Administration. By posting any information using the services of the Site, the User agrees that it can be checked at any time by the Site Administration for its compliance with this Agreement with the application of measures by the Administration to the guilty User in case of detection of signs of violations of this Agreement in his actions. The User realizes and unconditionally accepts that monitoring and moderation by the Administration of the information posted by him on the Site, including messages to other Users, under no circumstances can be considered as interference in private correspondence or in the personal life of the User.
1.12.10) If the Site Administration reveals a violation by the User of the current legislation, the rights of third parties and/or the rules for using the Site established by this Agreement, or if another User or a third party receives a complaint about a violation by the User of the current legislation, the rights of third parties and /or the rules for using the Site, the Site Administration has the right to prohibit the placement without prior notice to block, delete materials on the Site by the guilty User that violate the current legislation, the rights of third parties, the rules for using the Site established by this Agreement, as well as, at its discretion, block or delete the User account. The Site Administration has the right to refuse re-registration on the Site of a User account whose account was previously blocked or deleted for violating the law, the rights of third parties or the rules for using the Site established by this Agreement (its corresponding edition as of the date of the violation).
1.13) This Agreement is subject to the current legislation of the Russian Federation, and first of all, the norms of the Civil Code of the Russian Federation, since nothing else follows from the content or nature of certain provisions of this Agreement, as well as allowing the application to some individual provisions of the Agreement, special norms of the current legislation of the Russian Federation, and first of all: Federal Law No. 152 of 07/27/2006-Federal Law “On Personal Data”, Federal Law No. 149-FZ of 27.07.2006 “On Information, Information Technologies and Information Protection”.
1.13.1) The Parties have agreed to consider the provisions of the legislation of the Russian Federation in force at the time of conclusion of this Agreement as applicable law to legal relations arising, terminating and changing within the framework of this Agreement.
2) Rights and obligations of the parties
2.1) The Rightholder is obliged to:
- to provide a service of proper quality, in accordance with the procedure defined by this Agreement.
2.2) The rightholder has the right:
- to carry out in the process of providing services under this Agreement, targeting advertising materials;
- to carry out in the process of providing services under this Agreement: processing of personal data, automated processing of personal data, dissemination of personal data, provision of personal data, blocking of personal data, destruction of personal data, depersonalization of personal data, in the manner and on the terms defined by this Agreement, as well as the norms of current legislation;
- to change the composition of the Platform at any time, to change the interface, the order of access to the Platform, the main functionality of the Platform without the need for prior notification and (or) subsequent approval by the User. Information about the changes made is brought to the User’s attention by posting on the Website and (or) in the Personal Account. Unless otherwise established by the Copyright Holder, the User has the right to use the Platform, taking into account the changes (additions) made, in accordance with the procedure provided for in this Offer.;
- to establish a fee for the use of certain Site functionalities, or to introduce paid services on the Site, payment for the use of which is carried out exclusively upon prior notification of Users and receipt of consent from them;
- use cookies and similar technologies (including pixel tags, web beacons, transparent GIF files, JavaScript and local data storage, etc.) to collect personal identification information, or information that may become personal identification information in combination with other information, in compliance with all necessary regulatory and legal requirements regarding the confidentiality of Users’ personal data, by identifying users, counting their number and monitoring which pages of the Site they visit in order to guarantee maximum user convenience by providing personalized information, remembering marketing and product preferences, and helping to obtain the correct information (including for logging in to the protected areas of the site or to use the virtual shopping cart), analysis of User actions on the Site, in order to improve and optimize the Site, including to make it easier for visitors to find the necessary information on the Site;
- provide advertising, messages and content, including using the distribution of advertising SMS notifications (messages), advertising notifications and messages, via e-mail on the Internet, using the services and databases of both the Site itself and the services of third-party (external) sites and resources on the Internet, with the provision of the minimum necessary personal information about the User to their address;
- to carry out in the process of providing services under this Agreement the use of “counters” and “analytics” of attendance, “Yandex. Yandex.Metrica”;
- the rightholder has the right to suspend the granting of rights to use the Platform to a User who violates the provisions of this Agreement until the User properly fulfills his obligations. The notification of the suspension of the granting of rights is sent to the User in electronic form to the User’s contact e-mail address with an indication of the violations committed and the timing of their elimination. In case of non-elimination of violations committed within the prescribed period, the Rightholder has the right to terminate granting the User the rights to use the Platform by blocking the User’s account on the Site, terminating the User’s access to the Site, Platform.
2.3. Acceptance of the terms of this Agreement means acceptance, among other things, of the following basic obligations:
- The User is obliged to provide correct, accurate, up-to-date and complete information about himself, which may be required by the Site Administration,
- The User is obliged to keep records and make changes to all data without delay so that the information is always correct, accurate, up-to-date and complete,
- The User provides the Site Administration with an irrevocable, perpetual, global, royalty-free, sublicensable (in several levels) license to reproduce and use all information provided by the User, based on and in accordance with in accordance with the procedure, as well as for the purposes defined in this Agreement, as well as for the exercise of copyright, rights to distribute information and to the database, which the User may have in relation to such materials or data on any media, regardless of whether they are currently known or not,
- The User gives an obligation that the use of the services of the Site will not: a) violate any copyright, patent, trademark, trade secrets or other proprietary rights, or rights to public use and protection of privacy, or other legal rights of a third party, or otherwise in this way encourage or incite their infringement or violation; b) include any computer viruses or other destructive devices and codes that have the consequences of damage, interference, interception or forced alienation of any software or hardware complex, data or personal information.
- The User gives an obligation that he will reimburse the Site Administration, its employees, agents and representatives in full for all losses, claims and obligations (including legal support costs) that may arise as a result of providing or posting materials to them or deleting them when such User uses the Site services or violates such User this Agreement. Also, the User gives an obligation that the Site Administration, its employees, agents and representatives are released from liability to third parties, in full, for the actions specified in this paragraph and committed by the User.
2.4) The User is solely responsible for the security (resistance to selection) of the means chosen by him to access the account, and also independently ensures their confidentiality. The User is solely responsible for all actions (as well as their consequences) within or using the services of the Site under the User’s account, including cases of voluntary transfer by the User of data for access to the User’s account to third parties on any terms (including contracts or agreements). At the same time, all actions within or using the Site’s services under the User’s account are considered performed by the User himself.
2.5) Subject to the User’s fulfillment of this Agreement, the User is granted a simple (non-exclusive) license to use the Service using a personal computer, mobile phone or other device, to the extent and in accordance with the procedure established by the Agreement, without the right to grant sublicenses and assignment.
2.6) In accordance with the terms of the Agreement, the Administration grants the User the right to use the Service in the following ways::
2.6.1) Use the Service in order to familiarize yourself with the content and information located on the Service;
2.6.2) Use the Service to upload and post Materials;
2.6.3) Use the Service for the purpose of ordering services under the terms of this Agreement, tracking the execution of the order;
2.6.4) Access to the search and navigation tools of the Service;
2.6.5) Other types of services provided on the Service.
2.7) The User is not entitled to take the following actions when using the Service, as well as any components of the Service:
2.7.1) Modify or otherwise process the Service, including translation into other languages.
2.7.2) Copy, distribute or process the Content and information contained on the Service, except when it is necessary and caused by the implementation of functionality available to a specific User.
2.7.3) Violate the integrity of the security system or perform any actions aimed at bypassing, removing or deactivating technical means of protection; use any program codes designed to distort, delete, damage, simulate or violate the integrity of the Service, transmitted information or protocols.
2.8) Any rights not expressly granted to the User in accordance with this Agreement are reserved for the Administration.
2.9) With respect to the Materials, the User guarantees that he is the owner or has the necessary licenses, rights, consent and permissions to use and grant the Administration the right to use the Materials in accordance with this Agreement; he has the written consent and (or) permission of each person somehow present in the Materials to use personal data (including image, if necessary) of this person in order to post and use the Materials in the manner provided for in this Agreement.
2.10) By accepting the terms of this Agreement, the User grants free of charge to the Administration and other Users a non-exclusive gratuitous right of use (simple license) Materials that the User adds (places, uploads) on the Service. The specified right and/or permission to use the Materials are granted simultaneously with the addition of such Materials to the Service by the User for the entire term of the exclusive intellectual property rights or protection of non-proprietary rights to the specified Materials for their use in all countries of the world.
3) The procedure and conditions for the provision and payment of services
3.1) Legal relations arising between the Parties as a result of the execution of this Agreement are not official.
3.2) The Administration provides the User with the opportunity to arrange a set of services included in one of the proposed tariffs, for each of the proposed tariffs there is a predetermined number of scanned pages, scan streams or a limit on the number of service launches and functionality. A page is an HTML page of a specific site that can be visited in a browser (Chrome, Firewall, Safari, etc.). A scan stream is an active computational process that continuously and sequentially scans site files.
3.3) For any type of the proposed tariff, it is possible to use the “promo” mode, which is available subject to the conditions and restrictions specified by the Administration.
3.4) When choosing one of the proposed tariff, the User pays for the service in the manner specified by the Administration, after which he can use the paid service at any time convenient for him during the next 12 months. If the User has not used the paid service within 12 months, the service is considered repaid, while the funds are not returned to the User. The user can pay for an unlimited number of services.
3.5) Payment for services may be made by one of the following persons:
- a fully capable User;
- an incapacitated or partially capable User with the consent of the parent/legal representative;
- a third party to whom the User is entrusted with the fulfillment of a monetary obligation.
3.6) Payment for services provided through the Website is made by Users through a settlement and banking service provided by third parties. The Site Administration does not accept cash from Users.
3.7) Settlements between the parties are made in Russian rubles.
3.8) The moment of fulfillment of settlement obligations under this Agreement is considered to be the moment of crediting funds to the account of the party that, in accordance with this Agreement, may demand these funds.
3.9) The site administration does not control the hardware and software complex of payment systems of providers and is not responsible for errors in such hardware and technical complex.
3.10) Additional expenses related to the transfer of funds in the form of a payment system commission are paid by the User.
3.11) The User is solely responsible for the correctness of the payments made by him.
3.12) Taking into account that all actions to accept financial obligations by the User are performed through the use of a system of the “double opt-in” type and consist of active User actions, therefore, the waiver of these obligations due to their “error” is impossible, and the Site Administration is not considered.
3.13) Full or partial refund of funds paid by the User is made in the following cases:
3.13.1) In case of poor-quality provision of services, if the User has filed a claim and such a claim has been satisfied by the Site Administration. Requests for a refund for a service, the quality of which the User is not satisfied with, are considered by the Administration on an individual basis. Such requests are satisfied if the Administration considers that the service was provided of inadequate quality, contains an error, or other violations were committed in the provision of the service.
3.13.2) When rendering services, due to technical malfunctions, a “failure” is allowed, a temporary impossibility of high-quality and complete provision of the paid and ordered service, in full and/or in part, in which case the Site Administration undertakes to eliminate the malfunctions within 14 (fourteen) calendar days, after which it provides the User in full free of charge earlier a paid and ordered service that was not provided earlier.
3.14) At the same time, the Administration draws your attention to the fact that according to Clause 1 of Article 781 of the Civil Code of the Russian Federation: The Customer is obliged to pay for the services rendered to him on time and in the manner specified in the service agreement.
According to Clause 1 of Article 781 of the Civil Code of the Russian Federation: in case of impossibility of execution arising due to the fault of the Customer, the services are payable in full, unless otherwise provided by law or the service agreement.
4) Liability and force majeure circumstances (force majeure circumstances)
4.1) The Parties are responsible for non-fulfillment or improper fulfillment of their obligations in accordance with the terms of the Agreement and the legislation of the Russian Federation.
4.2) The Administration does not assume responsibility for compliance of the Service with the purposes of use.
4.3) The Administration is not responsible for technical interruptions in the operation of the Service. At the same time, the Administration undertakes to take all reasonable measures to prevent such interruptions.
4.4) The Administration is not responsible for any actions of the User related to the use of the granted rights to use the Service; for damage of any kind incurred by the User due to the loss and / or disclosure of his data or during the use of the Service.
4.5) If any third party makes a claim to the Administration in connection with the violation by the User of the Agreement or applicable laws, violation by the User of the rights of third parties (including intellectual property rights), the User undertakes to compensate the Administration for all costs and losses, including paying any compensation and other costs associated with such a claim.
4.6) The Administration is not responsible for the content of messages or Materials of Users of the Service (user content), any opinions, recommendations or advice contained in such Materials. The Administration does not carry out preliminary verification of the content, authenticity and safety of these Materials or their components, as well as their compliance with the requirements of applicable law, and whether Users have the necessary amount of rights to use them without fail.
4.7) The Parties shall be released from liability for partial or complete non-fulfillment of obligations under the Agreement if such non-fulfillment of obligations was the result of force majeure circumstances arising after the conclusion of the Agreement as a result of extraordinary events that the Parties could not have foreseen or prevented and which do not depend on the will of the Parties, namely: earthquakes, floods, typhoons hurricanes, military actions, mass strikes, mass diseases (epidemics), civil unrest (riots, uprisings), as well as actions of government agencies of a prohibitive and/or restrictive nature, as a result of which either Party will not be able to continue fulfilling its obligations under this Agreement.
If any of the above circumstances directly affected the possibility of fulfilling the obligation within the time period established by the Agreement, then this period is proportionately postponed for the duration of the relevant circumstance.
4.8) If the state of non-fulfillment of obligations arising from the Agreement lasts more than one month and it is not possible to make a mandatory statement on the date of termination of circumstances that prevent their fulfillment, then each of the parties has the right to terminate the Agreement unilaterally, notifying the other Party in writing, without mutual claims to each other.
4.9) In case of occurrence of force majeure circumstances, the Party for whom it is impossible to fulfill obligations under this Agreement is obliged to notify the other party of the occurrence and termination of force majeure circumstances within 5 (five) business days.
4.10) A Party that has not fulfilled its obligation to notify the other Party of the occurrence of force majeure circumstances and has not documented their fact (provided that such fact, by virtue of its nature, can be documented, or the possibility of its documentary confirmation is provided for by current legislation), loses its right to refer to these circumstances later.
5) Dispute resolution
5.1) All disputes and claims arising between the parties under this Agreement are resolved through compromise and negotiations. If it is impossible to reach an agreement within thirty days from the day one party notified the other of the dispute, the dispute may be referred to court. The Parties agree that such a court is a court located at the location of the Rightholder, or at the option of the Rightholder.
5.2) All notifications, demands or other written requests of the Parties shall be sent to each other at the addresses of the Parties. The above-mentioned notifications, requests or other written requests are considered delivered if they are: a) sent by registered mail with delivery notification - on the date specified in the delivery notification, b) delivered by courier, c) are handed over under the personal signature of the Party or its authorized representative.
5.2.1) The User or a person not registered on the Site who believes that his rights and interests have been violated due to illegal actions of Users or the Site Administration is obliged to send a complaint to the Site Administration. Consideration and sending of the response is carried out by the Administration within 30 days from the date of receipt of the claim.
5.3) Sending of complaint letters by the Parties in a way other than specified in clause 4.2 of the Agreement is not allowed.
5.4) The term of consideration of the letter of claim is 10 (ten) working days from the date of receipt of the last by the addressee.
6) Final provisions
6.1) If any of the provisions of this Agreement is found to be invalid, this does not entail invalidation of the entire Agreement.
6.2) After acceptance of this Agreement, all preliminary negotiations on it, correspondence, preliminary agreements and protocols of intent on issues that relate to this Agreement in one way or another shall cease to be legally binding.
6.3) The User agrees to the processing by the Administration of personal data, photos and video images that are necessary to fulfill the obligations of the parties under this Agreement, including (without limitation) collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data, as well as the implementation of any other actions of the Administration provided for by the current legislation of the Russian Federation.
6.4) The User is informed that the Administration will process personal data both in a non-automated and automated way of processing in accordance with the current legislation of the Russian Federation.
6.5) All conditions and procedures for the collection, storage and processing of personal data are set out in the [“Personal Data Processing and Confidentiality Policy”] (/privacy_policy), which is an annex to this Agreement.
6.6) The address of the Copyright Holder for sending correspondence: admin@site-alarm.com .