1. Subject of the User Agreement
1.1. This User Agreement for Information Services Rendering (hereafter – Agreement) sets the terms of the User’s utilizing Customer Portal subsystem services (hereafter – services) with regard to computer assisted ordering of materials, spare parts and services offered by HSC, JSC.
1.2. HSC, JSC renders the services of providing the User access to the services in conformity with the terms of this Agreement.
The User is the person representing the organization employing the services of a computer assisted system for obtaining information or solving any other tasks.
2. Order of concluding the User Agreement and its duration
2.1. This Agreement is the official public offer of HSC, JSC for the Users to conclude the Agreement on the terms outlined herein. The effective version of the Agreement shall be displayed on the Internet site of HSC, JSC and offered for the User’s mandatory review until the moment of the Agreement terms acceptance.
2.2. The Agreement shall be concluded between HSC, JSC and the User in the contractual form.
2.3. The Agreement terms acceptance shall be confirmed by the User’s performance of the following acts: familiarization with the Agreement terms on the Internet site of HSC, JSC and accepting them by registration. The Agreement terms acceptance shall mean the User’s full and unconditional accepting the Agreement terms without exceptions and/or limitations.
Registration shall be understood as the User’s provision of the data required for his identification according to the registration form he will be offered to fill during the acceptance procedure.
Upon completion of the registration process HSC, JSC shall provide the User with the login and password required for further identification of the User while utilizing the services of Customer Portal.
2.4. The Agreement shall enter into force since the moment of the acceptance determined by the User registration date and shall be valid during an indefinite period or until the moment of the Agreement termination due to the reasons stipulated by its terms and/or norms of the active legislation of the Russian Federation.
3. Terms of the services utilizing
3.1. The User’s utilizing of Customer Portal shall be regulated by the norms of the active legislation of the Russian Federation.
3.2. Under this Agreement the liabilities of HSC, JSC shall be limited by offering the services to the User on the terms of this Agreement.
3.3. HSC, JSC shall not guarantee that the quality of the services and information materials, which may be obtained using the services, shall comply with the requirements and expectations of the User.
3.4. If in order to get access to the service the User will have to send a written request to “HSC”, JSC to provide the access to the service, than subsequent to the results of the request study HSC, JSC shall have the right to deny giving access to the User with the corresponding prior notification.
3.5. All the materials and software ensuring functioning of the services shall be available for personal use only. Any other use of the software and intellectual property objects ensuring functioning of the services shall entail the liability as stipulated by the active legislation of the Russian Federation. While utilizing the services the User shall be prohibited to copy, introduce any changes into the software ensuring functioning of the services and/or its part using own resources or the third parties’ assistance; create programs derived from the software; penetrate into the software in order to obtain the program codes; distribute, sell, transfer, lease, hand in to the third parties in any other form the software ensuring functioning of the services.
3.6. Under this Agreement HSC, JSC shall have the right to suspend the work of the software and/or hardware features ensuring functioning of the services upon detecting significant failures, errors and fault conditions as well as for routine maintenance and preventing the occurrences of unauthorized access to the services.
3.7. The information related to the services stipulated by the Agreement terms and/or related to the services utilizing shall be displayed on the Internet site of HSC, JSC in Customer Portal section. Herewith, the information regarding substantial alterations of the Agreement terms and performance of routine maintenance shall be published in the Internet site of HSC, JSC not later than two days before these alterations enter into force/before the routine maintenance operations shall be, accordingly, commenced.
3.8. HSC, JSC shall consider the complaints, suggestions regarding Customer Portal services functioning obtained from the User and shall provide consulting as related to the questions the User may have in connection with the services being rendered.
4. Liabilities and dispute resolution
4.1. HSC, JSC and the User shall be liable for failure to comply or improper compliance with their obligations according to the Agreement terms and in the part uncovered by these terms – in conformity with the active legislation of the Russian Federation.
4.2. If the User breaches the Agreement terms, HSC, JSC shall have the right to temporarily restrict his capabilities to use the services or entirely deny rendering the services to the User.
4.3. HSC, JSC shall not be liable for failures, errors and fault conditions of the software and hardware features ensuring functioning of the services caused by the reasons beyond of “HSC”, JSC control as well as the resulting losses of the User.
4.4. HSC, JSC shall not be liable for the User’s temporal lack of access to the software or hardware features ensuring functioning of the services as well as the resulting losses of the User.
4.5. HSC, JSC shall not be liable for any consequential damages or loss of the User’s and the third parties’ benefit, loss of information due to the use or unavailability of the services.
4.6. HSC, JSC shall not be liable for the User’s loss due to the illegal actions of the third parties.
4.7. HSC, JSC shall not be liable for the removal, erroneous placement or failure to save the information materials on Customer Portal.
4.8. HSC, JSC shall not be liable for the loss and missing data or other non-material losses both in the result of violating the Agreement terms and for other reasons caused due to: use or unavailability of the services; unauthorized access to the User’s information materials in Customer Portal.
4.9. HSC, JSC shall not be liable for loss suffered in the result of:
4.9.1. Presence of computer viruses and other hostile programs in the equipment and software used by the User in order to obtain access to the services;
4.9.2. The User’s violation of the Agreement terms and recommendations regarding utilizing of the services placed on the Internet site of HSC, JSC;
4.10. The User shall be liable for safety of the data received upon the login and password registration as well as for all the acts performed in Customer Portal using the User’s login and password. The User shall agree that he is obliged to promptly notify HSC, JSC of any disclosure of the facts related to the unauthorized access to Customer Portal services.
4.11. HSC, JSC and the User shall be exempt from the liability regarding the improper execution of the liabilities under the Agreement caused by the circumstance of insuperable force (floods, fires, earthquakes, other extraordinary natural or technogenic events as well as warfare, strikes, etc.) or resulting from the authorized authorities’ adoption of new acts impeding the obligations fulfillment under the Agreement.
One Party shall notify the other Party in writing of the occurrence of the above circumstances not later than 10 (ten) days since the moment, when it became aware of the circumstances existence, herewith rendering of the services under the Agreement shall be suspended.
4.12. Disputes under the Agreement or with regard to the Agreement shall be resolved using the complaint procedure. The term of the response on the claim complaint shall be one month since the moment of its receipt. If the dispute was not resolved using the complaint procedure, it shall be resolved in compliance with the active legislation of the Russian Federation.
5. Alteration and termination of the User Agreement
5.1. HSC, JSC shall have the right to unilaterally introduce changes into the Agreement by publishing them on the Internet site of “HSC”, JSC. The changes come into force since the moment of publication, unless otherwise stipulated upon their publication.
5.2. If HSC, JSC introduces significant changes affecting the User’s possibility to utilize the services, HSC, JSC shall accordingly inform the User on the Internet site of HSC, JSC not less than three days before the changes become effective. In case of the User’s disagreement with the Agreement terms he shall have the right to terminate the Agreement on the date designated.
5.3. The Agreement may be cancelled:
5.3.1. On the initiative of HSC, JSC or of the User. The initiator of the Agreement termination shall send a corresponding written termination notification to the other party.
5.3.2. In case of the User’s non-use of the services longer than twelve consecutive calendar month. HSC, JSC shall send to the User the corresponding written termination notice.
5.3.3. Due to other reasons stipulated by this Agreement or the active legislation of the Russian Federation.
6. Miscellaneous
6.1. As for the rest unstipulated by the Agreement terms, HSC, JSC and the User shall be guided by the active legislation of the Russian Federation.
6.2. The User shall guarantee that he understood the Agreement terms and accepted them to the fullest extent.
6.3. The User shall guarantee that he will not utilize the services for the purposes other than as stipulated by the Agreement and/or shown on the Internet site of HSC, JSC.
6.4. Since the Agreement effective date all the preceding correspondence, documents and negotiations between HSC, JSC and the User with reference to the issues that are subject of the Agreement shall loose their force.
HSC, JSC
Prechistenka St., 40/2, building 3, 3119034, Moscow,
TIN/KPP 7704252960/770401001
PSRN 1037704005041