This document “Rules for the Provision of Information
Services” represents mandatory terms and conditions, to enter into and perform
contracts for informational services with the use of the Service of Global Rus
Trade LLC.
1. Terms
and Definitions
1.1. The following terms and definitions shall be
used in this document and in the relations between the Parties arising from or
related to it:
1.1.1. Rules:
the text of this document with all annexes, amendments and supplements as
posted on the Website of the Contractor and available on the Internet at https://globalrustrade.com/info/rules-of-providing-information-services/.
1.1.2. Contract:
a fee-based service contract together with all associated Mandatory Documents,
to be entered into and performed by the Parties in the manner provided for by
these Rules.
1.1.3. Services:
information services to provide the Customer’s access to additional functional
capabilities of the Service, listed in the Contractor’s Tariffs.
1.1.4. Parties: the Contractor and the Customer
when referred to collectively.
1.1.5. Contractor:
the person specified in the preamble and details of these Rules.
1.1.6. Customer:
the person that is capable of Acceptance on the terms and conditions of these
Rules (as applicable to the procedure of entering into the Contract) or has
performed the Acceptance of the Offer on the terms and conditions of these
Rules (as applicable to the performance of the Contract entered into).
1.1.7. Order:
the Customer’s performance of actions listed on the respective page of the
Website or its Personal Account, as required to execute a separate Contract.
1.1.8. Offer:
a Contractor’s proposal issued pursuant to the Order to enter into a Contract,
expressed by issuing an invoice for payment for the Services or by sending an
Order for payment through a payment system using the Customer’s Personal
Account.
1.1.9. Acceptance:
full and unconditional acceptance of the Offer pursuant to these Rules through
the Customer’s performance of the Actions specified in Section 9 of the Rules,
creating the Contract between the Customer and the Contractor.
1.1.10. Content:
any information materials, including texts, graphics, audio-visual and other materials,
including information about goods and services, advertising materials, text
messages and notifications, which can be accessed using the Service.
1.1.11. Service:
a set of functional capabilities of the Website and the Content posted on it,
the access to which is provided to Users.
1.1.12. Contractor’s
Website/Website: an automated information system for cross-border
electronic commerce available on the Internet at the network address (including
subdomains): https://globalrustrade.com/.
1.1.13. Personal
Account: personal section of the Website, to which the Customer gets access
after registration and authorization on the Website. The Personal Account is
intended to store personal data of the Customer, view statistical data on
Orders made, use other functional capabilities of the Service and receive
notices according to the procedure of notification.
1.2. These Rules may contain terms and
definitions that are not specified in paragraph 1.1 of the Rules. In this case,
the interpretation of such term shall be made in accordance with the text of
the Rules. In the absence of an unambiguous interpretation of the term or
definition in the text of the Rules, its interpretation should be guided by the
following: firstly, the documents that constitute the Contract between the
Parties; secondly, the legislation of the Russian Federation; and subsequently,
the customs of business practice and scientific doctrine.
1.3. Any reference in these Rules to a paragraph
(section of the Rules) and/or its conditions shall mean the respective
reference to these Rules (a section hereof) and/or terms and conditions hereof.
2. Subject-Matter
of the Contract
2.1. The Contractor undertakes, subject to
technical availability, to render the Services pursuant to the Orders placed,
and the Customer undertakes to accept and pay for the Services on the terms and
conditions of these Rules.
2.2. Name, composition and cost of the Services
and other necessary terms and conditions of the Contract shall be determined
based on the information and materials provided by the Customer when placing
the Order, in accordance with the terms and conditions of the Mandatory
Documents.
2.3. A prerequisite for of the Contractor’s
rendering the Services shall be unconditional acceptance and compliance by the
Customer with the requirements and provisions applicable to relations between
the Parties to the Contract, as defined by the following documents (“Mandatory
Documents”):
2.3.1. The
User Agreement posted and/or available on the Internet at https://globalrustrade.com/info/terms-of-use/,
which includes general terms and conditions of signing up to the Website and
use of the Contractor’s Service;
2.3.2. Privacy
Policy posted and/or available on the Internet at https://globalrustrade.com/info/privacy-policy/,
which contains the rules for the provision and use of personal data, including
personal data of the Customer;
2.3.3. Tariffs
posted and/or available on the Internet at https://globalrustrade.com/tariffplans/ and/or in the Personal Account, as applied by the Contractor to calculate the
cost of the Services as of the date of the order and including, as regards the
respective type and composition of the Services, information on the name and
cost of the Services proposed by the Contractor and other terms and conditions
of rendering thereof.
2.3.4. Rules
of Sale of Goods and Services posted and/or available on the Internet at https://globalrustrade.com/info/rules-of-selling-goods-and-services/,
which established the mandatory terms of use of the Service for the purposes of
sale of goods and services to Buyers.
2.4. The documents mandatory for the Parties as
specified in paragraph 2.3 of the Rules shall form an integral part of the
Contract to be entered into in accordance with the Rules.
3. Rights
and obligations of the Parties
3.1. The Contractor undertakes to:
3.1.1. Provide the Services in full compliance
with the Contract, including the Mandatory Documents and requirements of the
legislation of the Russian Federation;
3.1.2. Timely inform the Customer about the
process of provision of the Services;
3.1.3. Extend, at the Customer’s request, the
term of provision of the Services in the cases provided for in these Rules;
3.1.4. If the Customer rejects the access
provided to additional functional capabilities of the Service, refund the
Customer’s payment in proportion to the remaining access term at the paid Tariff
less reimbursement of the Contractor in the amount of the expenses sustained by
it.
3.2. The Contractor is entitled to:
3.2.1. Refrain from provision of the Services
until paid for;
3.2.2. Suspend operation of the Service for
preventive maintenance;
3.2.3. Suspend the Services, if the Customer
violates the requirements provided for by the Contract, Mandatory Documents and
also in other cases stipulated by the legislation of the Russian Federation;
3.2.4. Limit individual actions of the Customer,
if such actions create a threat to normal operation of the Service;
3.2.5. Unilaterally amend the Rules and Mandatory
Documents specified therein without notifying the Customer regarding the
Services, for which there is no effective Contract with the Customer;
3.2.6. Repudiate the Contract, where contemplated
by the current legislation of the Russian Federation and/or these Rules;
3.2.7. Exercise other rights provided for by the
current legislation of the Russian Federation and these Rules, including the
Mandatory Documents.
3.3. The Customer undertakes:
3.3.1. Observe requirements of the Contract,
including the Mandatory Documents, and of the legislation of the Russian
Federation;
3.3.2. Check the Order before Acceptance;
3.3.3. Pay for the Services under the Contract in
full within the prescribed time frame;
3.3.4. Check for notices of the Contractor on the
Contractor’s Website (including in the Customer’s Personal Account) and by the
email specified by the Customer when placing the Order, and also view
information on the progress of the Services;
3.3.5. Perform other duties stipulated in the
Contract, including the Mandatory Documents, and the current legislation of the
Russian Federation.
3.4. The Customer is entitled to:
3.4.1. Check the progress and quality of the
Services provided under the Orders placed;
3.4.2. Reject the access to additional functional
capabilities, provided following provision of the Services, and demand refund
of the money paid in proportion to the remaining access term at the paid Tariff
less reimbursement of the Contractor in the amount of the expenses sustained by
it;
3.4.3. Exercise other rights stipulated in the
Contract, including the Mandatory Documents, and the current legislation of the
Russian Federation.
4. Cost
of Services and Settlement Procedure
4.1. The cost of the Services under the Contract
shall be defined in accordance with the Contractor’s Tariffs valid as of the
date of placement of the relevant Order depending on the name, composition and
(where necessary) term of provision of the Services.
4.2. The Customer shall pay for the Services by
100% advance payment of the value of the respective Services.
4.3. The settlements under the Contract shall be
performed using the payment services specified on the Website.
4.4. The Customer shall be deemed as duly
performed its payment obligations as soon as the payment operator acting under
a contract with the Contractor provides the Contractor with information on the
payment made by the Customer
4.5. The cost of the Services, paid by the
Customer, shall be refunded by the Contractor in the cases provided for by
these Rules to the same payment details, from which the Customer made the
payment.
5. Handing-over
of the Services
5.1. The Services shall be deemed to be rendered
by the Contractor since provision of the Possibility for the Customer to use
the respective additional functional capabilities of the Service through
opening and reserving access thereto for the Customer for the respective term
in the internal accounting system of the Contractor.
5.2. The Customer must read in the Personal
Account information on the Services ordered and rendered, composition and terms
of granting access to additional functional capabilities of the Service.
5.3. Upon provision of the Services in accordance
with paragraph 5.1, the Contractor shall draw up an accounting source document
(hereinafter, the Report). The Report shall be drawn up in the form approved by
the accounting policy of the Contractor as of the date thereof.
5.4. The Parties acknowledge and unconditionally
agree that the information on the Services rendered shall be specified in the
Report according to the internal accounting system of the Contractor.
5.5. The Report in softcopy shall be sent to the
email address of the Customer and/or posted in the Personal Account of the
Customer no later than Five (5) business days after being drawn up.
5.6. The Customer must, within Five (5) business
days from receipt, read the Report submitted. If there are any remarks on the
Report, the Customer must send to the Contractor motivated objections in
writing until expiration of the above familiarization term.
5.7. If the Customer does not provide any written
objections on the Report to the Contractor within the time frame provided for
in paragraph 5.6, the Services shall be considered to be accepted by the
Customer and shall be paid for in full. The Report signed on behalf of the
Contractor shall have full legal effect.
5.8. The Customer may get a copy of the Report in
hardcopy, bearing signature and seal of the Contractor at the location of the
Contractor. At the Customer’s request and at its expense, the Contractor may
make a copy of the Report in hardcopy and send it to the address specified by
the Customer when signing up on the Website or when placing the respective
Order.
6. Warranties
of the Parties
6.1. The Contractor warrants that:
1) it has the rights to use the Service in the
scope necessary to perform its obligations under the Contract;
2) it shall render the Services under the
Contract in full compliance with these Rules and Mandatory Documents.
6.2. The Contractor provides no warranties,
whether implicitly or explicitly specified in the Rules or on the Website,
regarding:
6.2.1. compliance of the additional functional
capabilities of the Service and Content to the Customer’s requirements and
expectations, their fitness for specific purpose and no structural defects;
6.2.2. provision of uninterrupted access to the
Service, no errors in its software, possibility and terms of elimination
thereof.
6.3. The Customer warrants use of the Service in
accordance with the terms and conditions of these Rules and the Mandatory
Documents.
7. Liability
of the Parties
7.1. The Parties shall be liable for any failure
to perform or duly perform their obligations under the Contract according to
applicable legislation of the Russian Federation.
7.2. The Contractor shall not be liable for
reciprocal performance of obligations to provide the Services in case of delay
in payment for the Services and in other cases of full or partial failure of
the Customer to perform its obligations under the Contract and also
circumstances apparently indicative of the fact that they will not be performed
in time.
7.3. If it is impossible to use the Services, the
Customer must sent to the Contractor a written claim with indication of
detailed circumstances and the period of lack of access to the additional
functional capabilities of the Service.
7.4. If the claim is recognized as valid, the
Customer’s access to the respective functional capabilities of the Service
shall be extended by the Contractor by the number of reserved requests or
period of use of the Service (depending on the Tariff paid), which could not be
duly used by the Customer through the Contractor’s fault.
7.5. In any case, the Contractor’s liability
under the Contract shall be limited to the reimbursement for the real damage
caused to the Customer in the amount not exceeding the paid cost of an
individual Service (its unit of measure), which the occurrence of such
liability is attributable to.
7.6. The Customer shall be independently and
fully liable for compliance of the information and materials posted by it with
the requirements of the legislation, including for their content and legitimacy
of use of intellectual property therein, availability of the necessary permits
and licenses and for other actions performed by it within the warranties
provided in paragraph 6.3 of these Rules.
7.7. If provision of the Services under the
Contract due to violation of the Customer’s warranties entails raising of
claims, lawsuits and/or writs on reimbursement of losses (payment of
compensations) against the Contractor by the third parties and/or government
authorities or initiation of an administrative offence case, the Customer
undertakes to, immediately, at the Contractor’s request, provide the latter
with all requested information regarding the dispute subject and assist the
Contractor in settlement of such claims and reimburse all losses (including
legal expenses, penalty expenses) caused to the Contractor by submission,
consideration and satisfaction of such claims, lawsuits, writs, and also
instituting administrative action for violation of third-party rights and/or
the current legislation following provision of the Services.
7.8. The amount of losses may be deducted by the
Contractor from the Customer’s funds received in payment for the Services under
the Contract.
7.9. If the Customer violates the terms and
conditions of the Contract causing its early termination, the remaining amount
under the Contract shall be withheld as liquidated damages for the violations
committed.
8. Force
Majeure
8.1. Neither Party shall be liable for failure to
perform or to fully perform its obligations under the Contract, if such failure
resulted from force majeure events that arose after entering into it. The
Parties qualify as such circumstances, inter alia, as: acts of God; natural and
anthropogenic disasters; acts of terrorism; hostility; civil unrest; adoption
by the State or local authorities of regulations containing prohibitions or
restrictions in respect to the Parties’ activity hereunder; other circumstances
that could be neither foreseen nor prevented by the Parties and that make it
impossible for the Parties to fulfill the obligations hereunder.
8.2. If force majeure preventing performance of
the obligations under the Contract occurs, the term of performance of the
Parties’ obligations hereunder shall be postponed in proportion to the duration
of such events and also to the time required to eliminate their consequences,
subject to the maximum of Sixty (60) calendar days. If force majeure
circumstances continue beyond the above period or when, upon their occurrence,
it becomes obvious for both Parties that they will last longer than this period
of time, the Contract shall be terminated.
9. Acceptance
of the Offer and entering into the Contract
9.1. The Acceptance of the Offer by the Customer
shall originate a Contract between the Customer and the Contractor (article
433, 438 of the Civil Code of the Russian Federation), on the terms and
conditions of these Rules.
9.2. The Customer shall perform the Acceptance of
the Offer through the below set of actions:
9.2.1. placement and sending of the Order using
software tools on the Contractor’s Website;
9.2.2. advance payment for provision of the
Services in the amount to be defined by the respective Tariff as of the date of
payment.
9.3. The Contract shall be deemed concluded from
the Contractor’s receiving the acceptance of the Offer.
9.4. For avoidance of doubts, the beginning of
the Customer’s use of the Services shall additionally be indicative of entering
into the Contract for the provision thereof in accordance with the terms and
conditions of these Rules.
9.5. An unlimited number of Contracts may be
entered into with the Customer pursuant to the Rules.
10. Term
and Modification of the Rules
10.1. The Rules shall come into effect upon
posting on the Contractor’s Website and shall be effective until cancelled by
the Contractor.
10.2. The Contractor reserves the right to amend
terms and conditions of the Rules and/or cancel the Rules at any time at its
discretion. The information on amendment or revocation of the Rules shall be
communicated to the Customer at the Contractor’s option through posting on the
Contractor’s Website, in the Customer’s Personal Account or through sending the
respective notice to email or mailing address specified by the Customer when
entering into the Contract or during performance thereof.
10.3. In case of revocation of the Rules or
amendment of the Rules, such decisions shall come into effect since
notification of the Customer thereon, unless another effective date is
specified by the Rules or additionally when giving such message.
10.4. The documents mandatory for the Parties as
specified in the Rules shall be approved, supplemented and amended by the
Contractor at its own discretion and communicated to the Customer according to
the procedure provided for to notify the Customer on amendment of the Rules.
11. Term,
Modification and Termination of the Contract
11.1. The Contract shall enter into force upon
Acceptance of the Rules by the Customer and shall be valid: (a) until complete
performance of the Parties’ obligations under the Contract; or (b) until early
termination of the Contract.
11.2. If the Contractor cancels the Rules during
the term of the Contract, the Contract shall be considered to be effective on
the terms and conditions of the Rules in the last version with all Mandatory
Documents.
11.3. The Contract may be terminated:
11.3.1. By agreement of the Parties at any time;
11.3.2. At the initiative of either Party, with a
written notice to the other Party on repudiation of the Contract at least Three
(3) business days in advance;
11.3.3. On other grounds provided for by the
Rules or current legislation.
12. Confidentiality
Provisions
12.1. The Parties agree to keep and consider
confidential both the terms and conditions of every Contract entered into and
all information received by either Party from the other Party in the course of
entering into and performance of such Contract (hereinafter, the Confidential
Information), and shall not disclose, divulge, release to public or otherwise
provide such information to any third party without prior written permit of the
Party disclosing such information.
12.2. Each of the Parties shall take all
necessary measures to protect the Confidential Information at least with the
same degree of care as it uses to protect its own Confidential Information. The
access to the Confidential Information shall be provided only to such employees
of each of the Parties, who need to know it to perform their job duties under
the Contract; Each Party shall oblige its employees to assume the same
obligations to safeguard the Confidential Information, as provided for by these
Rules with regard to the Parties.
12.3. Customer’s personal data (if any) shall be
processed in accordance with the Confidentiality Policy of the Contractor.
12.4. The Contractor may request additional
information, such as photocopies of identity documents or credit cards, where
necessary to check identity or prevent fraud. If such additional information is
provided to the Contractor, it shall be used and safeguarded in accordance with
the terms and conditions of paragraph 12.3 of the Rules.
12.5. The obligation to keep secret of the
Confidential Information shall be valid within the term of the Contract entered
into and within Five (5) years upon termination thereof, unless otherwise
agreed upon between the Parties.
13. Agreement
on Equivalent Handwritten Signature
13.1. The Parties may use facsimile
representation of signature or simple electronic signature when entering into
the Contract, placing Orders and giving notices under the Contract.
13.2. The Parties may exchange documents by fax
or email. Documents transferred in accordance with the procedure established by
the Rules shall have full legal effect subject to delivery confirmation that
includes their message to the addressee.
13.3. When the Parties use email, an electronic
document sent through it shall be considered signed with the simple electronic
signature of the sender, generated using its email.
13.4. By agreement of the Parties, electronic
documents signed with a simple electronic signature shall be recognized as
equivalent to documents in hardcopy signed with a handwritten signature.
13.5. The addressee of an electronic document
shall define the person who signed such document by the email used by him/her.
13.6. As far as other matters is concerned, the
procedure of use of simple electronic signature by the Parties shall be
governed by the User Agreement.
14. Final
Provisions
14.1. The Contract, its execution and performance
shall be governed by the current legislation of the Russian Federation. All
matters not regulated by the Rules or regulated incompletely shall be regulated
in accordance with the substantive law of the Russian Federation.
14.2. Disputes on the Rules and/or the Contract
shall be resolved using preliminary complaint procedure. If the Parties fail to
reach an agreement, disputes shall be considered in the court in accordance
with the procedural law of the Russian Federation.
14.3. Any notices and documents under the
Contract, unless otherwise provided for by the Rules, may be sent by either
Party to the other Party: 1) by email (а) to the Customer’s
email address specified by it when placing the Order or in its Personal
Account, from the Contractor’s email address specified in section 15 of the
Rules, where the Customer is the addressee, and (б)
to the Contractor’s email address specified in section 15 of the Rules, from
the Customer’s email address specified by it when placing the Order or in its
Personal Account; 2) sending electronic notice to the Customer in the Personal
Account; 3) by fax; 4) by mail with return receipt or courier service with
delivery confirmation.
14.4. In case of one or several provisions of the
Rules or the Contract are invalid or ineffective, such invalidity shall not
affect the validity of any other provision of the Rules or the Contract that
remain effective.
14.5. Without conflicting with the terms and
conditions of the Rules, the Parties may at any time execute the Contract
entered into for the provision of Services in form of a written document that
expresses the content of the Rules valid as of the date of its execution, the
Mandatory Documents mentioned therein and the Order placed.
15. Contractor’s
Details
Limited Liability Company Global Rus Trade
OGRN (Primary State Registration Number):
1157746506170; INN (Taxpayer Identification Number): 7733237194;
Legal address: 3 Bolotnaya naberezhnaya, Bld. 2, block I, Moscow, Russian Federation, 119072.
e-mail: info@globalrustrade.com
Banking details:
Settlement account No. 40702810414000000359 with
Public Joint-Stock Company Joint-Stock Commercial Bank Metallinvestbank, Moscow
Corresponding account No. 30101810300000000176
BIK (RUSSIAN CENTRAL BANK IDENTIFICATION CODE)
044525176,
Version
dated 01/04/2020
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