Subscriber contract – offer for provision of services (edition No. 4)
The Subscriber contract-offer is an official offer of the Limited liability company RSTradehouse (LLC RSTradehouse) represented by the CEO Sergey Pronin, acting under the Charter, hereinafter called “the Contractor”, to the legal persons, hereinafter called “the Users” who accept this offer in respect of compensated rendering of services by the Contractor to the User on the terms and conditions hereof. Китайский
In accordance with clause 2 article 437 of the Civil Code of the Russian Federation (hereinafter – CC of the RF), in case of the acceptance of stated below terms of rendering and payment of the services the legal person conducting the acceptance of this offer, becomes a User (in accordance with paragraph 3 article 438 of the CC of the RF the acceptance of the offer is equivalent to the conclusion of the contract on the terms and conditions set forth in the offer). In connection therewith, carefully read the text of this public offer. The User`s performance of the first payment refers to the acceptance, i.e. the User’s consent of this Offer on the following terms and conditions: Китайский
1. Definitions and terms
Offer – the Subscriber contract-offer for provision of services published on the Internet at: http://www.rstradehouse.com/offer.shtml .
Platform – information and service platform RSTrade, posted on the Internet at http:// www.rstradehouse.com/.
The User – legal person who has accepted the offer.
The Contractor – LLC RSTradehouse.
The Parties – collectively called “the Contractor” and “the User”.
Services – services rendered by the Contractor in the framework of the Offer in the manner prescribed by article 429.4 of the CC of the RF.
Publication – placement on the Platform of the information of the User according to the User`s requested Service.
Payment – an operation to transfer the User’s funds to the operating account of the Contractor during the relevant payment period in order to pay the services provided under the Offer.
Payment period – every 30 (Thirty) calendar days from the receipt date of the First payment under this Offer.
Period of Services provision – term of rendering of services equal to the relevant payment period.
2. General provisions
2.1. The Services are provided by their implementation on the Platform.
2.2. The volume of the Services provided in accordance with this Offer is limited to the following list:
- the User's registration on information and service platform RSTrade www.rstradehouse.com;
- organization of personal account of the User;
- placement of the information about the company (organization) of the User;
- placement of the User`s company logo;
- installation in the catalogue of the information and service platform RSTrade of goods and services produced or offered by the company (organization) of the User;
- access to editing tools and updating the information about goods/services of the User’s company;
- view of the statistics of orders for the products of the User’s company;
- access to download of analytical materials, samples, model documents posted on the website of the Platform (with the exception of target analytics materials, access to which is paid separately);
- placing of the information about the User’s company in promotional materials and reports published by LLC RSTradehouse (at the Contractor's discretion, taking into account features of the publication);
- updating of placed on the Platform information about the User's company upon the receipt of the relevant requests of the User.
3. Subject matter of the Contract.
3.1. The Contractor is obliged to provide the Services to the User, and the User undertakes to pay these Services according to the terms and conditions of the Subscriber contract-offer.
3.2. The scope of the Services and/or terms of providing the Services may be supplemented and/or modified by the Contractor at its discretion with making appropriate amendments on the publishing page of the Offer.
3.3. After the User’s making of the first payment and crediting the funds to the account of the Contractor, the terms and conditions of the contract-offer are considered accepted by the User and the Subscriber contract-offer is considered concluded.
4. Cost of Services, payment procedure and procedure for acceptance of Services
4.1. The cost of a monthly subscription rendering of Services under this Offer is determined by the Parties in the amount of 150 (one hundred fifty) US dollars excluding GST. GST is not charged in accordance with clause 346.11 article 2 chapter 26.2 part 2 of the Tax Code of the Russian Federation.
4.2. The User shall pay for the Services monthly in advance payment in the amount of 100% (one hundred percent) of the cost of the monthly Services set out in clause 4.1. of the Offer. Payment is made not later than the first day of the pay period. In case of loss of the first day of the pay period on a weekend or holiday, payment is made on the next working day.
4.3. Payment under this contract-offer is considered made by the User at the time the funds are credited to the account of the Contractor.
4.4. The Act of Acceptance of rendered services (hereinafter – the Act) is issued by the Contractor in 2 (two) copies on the last day of each period of services provision.
The User shall sign the Act within 3 (three) working days after receipt of the Act, legalize the signature by seal (where available) and return one copy to the Contractor or motivate the refusal in writing.
If within 3 (three) working days the User fails to sign the Act and to send the written reasoned refusal to the Contractor’s address, the Services are deemed to be provided completely without any notices. In this case the Contractor is entitled to draft a unilateral Act and the date of rendered services is considered to be the date of signing of the unilateral Act by the Contractor.
5. Legal obligations of the Parties
5.1. Liabilities of the Contractor:
5.1.1. The Contractor is obliged to provide the paid Services to the User on the Platform during the contract validity period.
5.2. Liabilities of the User:
5.2.1. To pay services of the Contractor with the requirements under art 429.4 of the CC of the RF.
5.2.2. To observe when using the Services the requirements of the current legislation of the Russian Federation, the provisions of the Offer and all other documents governing the work of the Platform available to the User for review on the Platform.
5.3. The Contractor is entitled:
5.3.1. The contractor is entitled to the unconditional right to change (amend) the terms and conditions of the contract-offer and its annexes.
5.3.2. The Contractor shall be entitled at its discretion to change the price and terms of rendering the Services. The parties are guided by the fact that the change of the value does not apply to those Services already paid by the User.
5.3.3. Temporarily suspend the provision of the Services to the User for technical, technological or other reasons, which prevent rendering the Services for the time of elimination of such reasons. Payment for the Services during the period for which it the provision of Services was suspended is not charged in these cases.
5.3.4. To suspend the provision of the Services under the contract-offer and/or to terminate the contract-offer unilaterally and extrajudicially in the following cases:
a) in case of the default of the Contractor of the terms of payment more than 3 (Three) working days.
b) when the User is in breach of other obligations undertaken in accordance with the Offer.
6. Liability of the Parties
6.1. In case of any reason the Contractor fails to provide the Services or begin providing the Services out of time, the Contractor is obliged to extend the period of the provision of the Services or transfer the provision of the Services for a new term until the full performance of its obligations towards the User.
6.2. The Contractor is not liable under this contract-offer for:
- any action/omission to act being a direct or indirect result of acts/omissions of any third parties;
- any indirect damages and/or lost profits of the User and/or third parties no matter could the Contractor anticipate the possibility of such damages or not.
6.3. The Contractor shall not be liable for the abnormal functioning of the Internet or its part, quality of communication and time of Users` access to the functionality of the Platform.
6.4. The Contractor is not liable for and does not provide compensation for any interruptions or failures in the work of the Platform due to the reason beyond control of the Contractor.
6.5. The aggregate liability of the Contractor under this contract-offer for any suit or claims in respect of this contract or its performance is limited to the amount paid by the User under this contract.
6.6. The Contractor is not liable for the actions of third parties that resulted in the theft/loss of login or the User`s password as well as for any expenses/damages/loss of profits incurred by the User in connection with unauthorized access of third parties to the User's Personal account.
6.7. The Contractor shall respond to the messages of the User sent only by the contact email address specified by the User when registering on the Platform.
6.8. The User is liable for any actions committed using the login and password of the User on the Portal as well as for the safety of the login/password and for losses which may arise by reason of its unauthorized use. The User must take the necessary steps to change the password for access to the Personal account and/or Services.
6.9. The User understands and agrees that by virtue of technical features the Personal account is a single user.
6.10. The User is fully liable for compliance with all requirements of the legislation of the Russian Federation, including legislation on advertising, on protection of copyright and related rights, protection of trademarks and service marks, but is not limited to, including full liability for the contents and the form of the information provided to the Contractor.
6.11. The User undertakes by his own forces and at his expense to resolve all disputes and settle all claims and suits of third parties, regulations and requirements of competent state and municipal executive authorities submitted as to the User and the Contractor in connection with the placement (publication) and/or other use under this contract-offer of the User’s information, and to compensate all losses and expenses incurred by the Contractor in connection with such claims or lawsuits.
7. Force majeure
7.1. Force majeure includes all events that did not exist (or which the Parties could not have foreseen) at the date of the acceptance of this contract-offer beyond the control of any of the Parties and the emergence and impact of which cannot be prevented by means that are in a specific situation can reasonably be required or anticipated, and because (due to) of which this contract-offer may not be executed in accordance with its terms and conditions (Force majeure), such as severe climatic conditions, fire, earthquake, strike, the actions of the authorities, including significant changes in the legislation, but not limited to the foregoing.
7.2. For the duration of the force majeure the Parties are released from liability for non-performance of the contract-offer in due course. The terms of rendering the Services and other contractual terms, subject to the influence of mentioned circumstances, shall be corrected to consider the effect and consequences of the occurrence of specified events.
8. The procedure for the conclusion, amendment and termination of the contract-offer. Period of validity
8.1. The offer enters into force upon publication at http://www.rstradehouse.com/offer.shtml and shall expire upon its revocation by the Contractor.
8.2. The Contractor reserves the right to amend the terms and conditions of the Offer and/or revoke the Offer at any time at its discretion. In case the Contractor introduces amendments to the Offer, such amendments enter into force from the date of publication, unless a different effective date is not defined further in their publication. The User agrees and acknowledges that the amendments to the Offer entail making these amendments in concluded and valid contract-offer between the User and the Contractor, and these amendments enter into force simultaneously with such amendments in the Offer. Any applications to the Offer are its integral parts.
8.3. The User shall accept the Offer by making a first payment on account of payment of the Services in accordance with clause 4.1. of the present contract-offer, and thus the present contract shall enter into force since the Acceptance of the Offer by the User creates a Contract (article 438 of the Civil Code of the Russian Federation) on the terms of the Offer.
8.4. The Parties reserve the right to early termination of the contract at the initiative of either Party with written notice given to the other Party prior to 1 month.
8.5. All disputes and disagreements which can arise will be, if applicable, settled by negotiation between the Parties.
9. Other terms and conditions
9.1. The offer, its conclusion and execution are regulated in accordance with the current legislation of the Russian Federation. All the issues unresolved by the Offer or not fully resolved shall be governed by the substantive laws of the Russian Federation. If disputes between the User and the Contractor in respect of the Contract are not resolved by negotiation of the Parties, they shall be settled in the manner prescribed by applicable law, in Arbitration court of Moscow.
9.2. Any notice under the contract-offer may be sent by one Party to the other Party:
1) by e-mail:
a) to the e-mail of the User, specified during registration on the Platform;
b) using feedback with the Contractor specified at the end of the text of the Offer, from e-mail of the User, specified during registration on the Platform
2) by post with return receipt requested.
9.3. The Contractor does not accept any conditions and obligations in respect of the subject matter of the Offer, except as set forth in the Offer, except when such conditions or obligations are recorded in writing and signed by the Contractor and the User.
9.4. The User guarantees that it fully understands the contract-offer. The User guarantees that it enters into a contract-offer voluntarily. The User guarantees that it has full rights and authority to enter into a contract-offer.
10. Address and details of the Contractor
Limited liability company RSTradehouse
119435, Moscow, Malaya Pirogovskaya st., 18, bldg. 1, room 506
119435, Moscow, Malaya Pirogovskaya st., 18, bldg. 1, room 506
Tel/fax: (499) 551-77-70
Current account 40702 840 4 0006 0031703
Correspondent account 30101810000000000201
AVANGARD Joint Stock BANK
General director S.Pronin
This edition is published and enters into force 21.02.2017