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;
2.3.3. 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.
2.4. 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.
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