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wichtig!Lesen Sie die in diesem Vertrag enthaltenen Nutzungsbedingungen sorgfältig durch, bevor Sie mit der Verwendung des unten aufgeführten Computerprogramms beginnen. Die Installation, Inbetriebnahme oder anderweitige Nutzung des Programms bedeutet, dass Sie diesen Vertrag ordnungsgemäß abschließen (bedingungslose Annahme) und Sie mit allen seinen Bedingungen vollständig einverstanden sind. Wenn Sie den Bedingungen dieser Vereinbarung nicht vorbehaltlos zustimmen, sind Sie nicht berechtigt, das Programm zu nutzen.
for granting the right to use the computer program
Private Entrepreneur Koschinsky Timur Valerievich (BIN:780615301092), hereinafter referred to as the "Licensor", represented by its General Director Dmitry Vladimirovich Fomin, acting on the basis of the Charter, and natural person/ legal entity/ individual entrepreneur, hereinafter referred to as the "Licensee", who has accepted the terms of this License Contract (unconditional acceptance) for providing access to RERADA computer program (hereinafter referred to as the "Contract"), have concluded this Contract as follows:
This Agreement, in accordance with paragraph 2 of Article 437 of the Civil Code of the Republic of Kazakhstan, is a Public Offer (hereinafter referred to as the "Agreement") and is addressed to an unlimited number of persons.
In accordance with Article 395 of the Civil Code of the Republic of Kazakhstan, this document is posted on the website https://rerada.com/kz it is a public offer.
1.1. The Licensor - Private Entrepreneur Koschinsky Timur Valerievich.
1.2. The Licensee - any natural or legal person / individual entrepreneur entitled to use the Program in their interests in accordance with the requirements of the current legislation of the Khazahstan and this Contract.
1.3. The Program – "RERADA" software for electronic computers (both as a whole and its individual components), which is presented in an objective form as a set of data and commands, including source text, database, audiovisual works included by the Licensor in the specified Program, and operating in an information system, access to which is provided through the Internet information and telecommunications network via domain names and (or) network addresses, located at https://rerada.com, including subdomains ***.rerada.com, as well as any other Licensor's websites or any other documentation containing links to this Contract.
1.4. Use of the Program – use of the software's functionality in business processes and/or for the Licensee's personal tasks.
1.5. Authorized User – a user registered by the Licensee in the Program and logged in at least once.
1.6. Account is an information resource that is a collection of data from one copy of the Program with a unique identifier, by which program objects are grouped for their joint display and use.
1.7. Technical support – activities carried out by the Licensor within the limits and scope established by the Licensor to ensure the smooth operation of the Program, including information and consulting support for Licensees and/or authorized users on the use of the Program.
1.8. Registration means steps taken by the Licensee's to create an Account, carried out in accordance with the procedure provided for in this Contract.
1.9. A profile is an entry in the Licensor's system (login/password pair or a special api key) that stores data allowing to identify and authorize the Licensee or authorized user.
1.10. API (Application Programming Interface) is the interface through which the system interacts with third-party applications by using public methods disclosed by the Licensor.
2.1. In the framework of this Offer, the Licensor undertakes to grant Licensee, under the terms of an ordinary (non–exclusive) license, the right to use "RERADA" (hereinafter referred to as the Program), within the limits and in the manner specified in this Contract.
2.2. The right to use the Program is granted for a period agreed upon by the Parties at the Licensee's request (hereinafter referred to as the accounting period), which begins from the date of crediting remuneration funds to the Licensor's settlement account; the number of users having simultaneous access shall be agreed upon by the Parties in accordance with the Licensee's request.
The right to use the Program granted to the Licensee in accordance with this Offer includes actions related to the Program's operation, subject to its purpose, namely:
• providing employees of the Licensee's organization with remote access to the Program;
• providing access to information generated as a result of the Program's operation in order to generate summary reports;
• the use of the Program in commercial activities, excluding resale, lease or transfer of the Program to third parties, which is possible only after signing the appropriate written agreements with the Licensor;
• assigning the right to use the Program to third parties, without granting sublicenses. In this case, the total number of users should not exceed the number agreed by the Parties in this clause.
2.3. The Licensor hereby confirms that at the time of granting the right to use the Program to Licensee, this right is not mortgaged, not under arrest, not the subject of claims by third parties. The Program is a licensed product, and the Licensor has the right to distribute the Program transferred by the Licensor to Licensee based on this Contract.
2.4. The Licensee is granted the rights provided for in clause 2.2. of this Offer after completing its registration in the Program and assignment of a unique name (login) and receiving a password to enter the Program.
2.5. The Licensee shall be entitled to use the Program during the entire period of validity of its exclusive rights to this computer program, without any restrictions as to the territory.
3.1. Acceptance of this Offer means the performance by the Licensee of actions specified in this Offer, indicating the Licensee's consent to its terms ` in full, including doing everything necessary to fulfill the conditions specified in this Offer in accordance with clause 3, Article 434 and clause 3, Article 438 of the Civil Code of the Khazahstan.
3.2. Acceptance of this Offer by the Licensee shall mean the Licensee's full and unconditional consent with its terms. Acceptance of the Offer is a confirmation that:
● any and all terms of the Offer are accepted by the Licensee in full and entirely, without any reservations or restrictions;
● the Licensee is familiar with all terms of Licensor's services and terms of this Offer;
● the Licensee understands all conditions for the provision of services by Licensor and the terms of this Offer;
● the terms of service and this Offer fully comply with the Licensee's will, needs and requirements.
3.3. Acceptance of the Offer means that the Offer does not contain any conditions specified in clause 2, Article 428 of the Civil Code, nor any other conditions that are clearly burdensome for the Licensee, which the Licensee, based on its reasonably understood interests, would not have accepted if he had the opportunity to participate in determining the Offer's terms, and no services specified in this Offer are imposed on the Licensee.
3.4. The Licensee's registration on the Website shall mean acceptance of this Offer. The original copy of the Offer may be delivered to the Licensee upon Licensee's request forwarded to the Licensor by e-mail. The Licensor, depending on technical feasibility, can forward the accepted Offer in the following ways:
● by sending a copy of the Offer in electronic form to the e-mail address specified by the Licensee while registering on the Site;
● by providing a copy of the Offer on paper by courier service at the expense of the Licensee.
By accepting the Offer in accordance with the procedure established herein, the Licensee guarantees that it has read, agrees, fully and unconditionally accepts all the terms of the Offer in the form in which they are set out in the text of the Offer.
3.5. The Licensee understands that the acceptance of this Offer in accordance with the procedure established herein is equivalent to the conclusion of a contract on the terms set out in the Offer.
3.6. By taking actions to accept the Offer, the Licensee guarantees that it is a fully competent and legally capable entity, and has legal rights to enter into contractual relations with the Licensor. The Licensee guarantees that its relations of representation, if any, have been properly formalized.
3.7. The Offer may be withdrawn by the Licensor at any time.
3.8. The Offer shall be considered concluded from the moment the Licensor receives the Licensee's acceptance (registration of the Licensee).
4.1. The program is the result of intellectual activity and a copyright object (Computer program), which is regulated and protected by the current legislation of the Khazahstan and norms of international law.
4.2. The Program's algorithms and its source codes (including parts thereof) are the Licensor's trade secret. Any use thereof or use of the Program in violation of the terms of this Contract shall be considered a violation of Licensor's rights and sufficient grounds for depriving the User of its rights granted under this Contract.
4.3. The Licensor guarantees that he has all the necessary rights to the Program to assign them to the Licensee.
4.4. Liability for copyright infringement is incurred in accordance with the current legislation of the Khazahstan.
4.5. The Licensee may not, under any circumstances, delete or obscure any data or information about the copyrights, trademark rights or patents specified in the Program.
5.1. The Licensee is granted the right to Register under this License Contract.
5.2. Registration is carried out by the Licensee independently by creating its profile and specifying the relevant data.
5.3 The Licensee shall be entitled, within the framework of granted access to the Program, to post data belonging to it in its Account, unless it violates the provisions of this Contract or the Legislation of the Khazahstan.
5.4. For the Program to operate smoothly, the Licensee shall independently ensure the use of personal computers with at least the following characteristics:
- RAM: 6Gb min;
- processor type: Intel Celeron G / Intel Core i3: dual-core, 2.5 GHz min, as well as the following Internet connection characteristics:
- minimum data transfer speed: 2 mbit/s;
- maximum ping: up to 100 ms.
5.5. Any materials, files and services contained in the Program may be reproduced in any form, in any way, in whole or in part without the prior written permission of the Licensor, except for cases specified in this Contract. When the Licensee reproduces Program materials, including copyrighted works, the reference to the Program is mandatory, and the text of the reference shall not contain false, misleading, derogatory or offensive information. Translation, processing (modification), any alteration of Program materials, as well as any other actions, including deletion, any modifications to make data and information about copyrights and copyright holders barely noticeable, shall be prohibited.
6.1. The license will become valid on the day of Profile and/or Account creation (registration day), and terminate on the day following expiration of the paid period of granting access to the Program.
6.2. The cost of providing access to the Program is shown in tariffs found at https://rerada.com/prices/. The cost of providing access to the program includes technical support of an expert for the entire period of access. The Licensee will have fulfilled its payment obligation on the day the funds are credited to the Licensor's settlement account.
6.3. If the paid period of access to the Program comes to an end and the Licensee does not pay for the next period of access within 2 (Two) calendar days from the date of expiry of the period to use the Program, any further use of the Program by Licensee will be blocked by Licensor.
6.4. The Licensor may still allow access to the Program at its discretion, provided that the Licensee guarantees paying the bill for the new period within 5 (five) business days.
6.5. Access to the Program shall be paid by the Licensee in the form of 100% for any number of months it will use the Program.
6.6. The Licensor shall be entitled to unilaterally change the cost of payment for providing access to the Program by posting new tariffs on the Internet at https://rerada.com/prices/.
7.1. The Licensor shall be obliged to:
7.1.1. Grant the rights to use the Program to the Licensee on the terms of the Offer, free from any third parties' claims.
7.1.2. Grant the right to use the Program daily, around the clock, except for the time of preventive maintenance, i.e. no more than 12 hours per month (mainly during non-working hours).
7.1.3. Provide information on how to work with the Program via e-mail and hotline. Additional services, in the form of a personal consultant, Program setup and training, will be formalized by separate agreements and rendered for an additional fee.
7.1.4. Automatically provide the Licensee with updates of the current version of the Program released during this Offer's validity period.
7.1.5. Correct any possible software failures in the Program at the request of the Licensee, in the following order. In case of errors in Program operation, the Licensee shall send a written application by e-mail to the Licensor with a detailed description of the problem. The Parties shall, within 3 (Three) working days from the date of receipt of the written application from the Licensee with a description of failures, determine the terms and procedure for their correction.
7.2. The Licensee shall be obliged to:
7.2.1. Pay remuneration to the Licensor in the manner and amounts provided for in this Offer.
7.2.2. Use the Program only within the limits of rights and in the ways provided for in clause 2.2. hereof.
7.3. The Licensee shall be prohibited from:
7.3.1. Reproducing the Program, including copying it to computer memory;
7.3.2. Modifying, decompiling the Program or its components;
7.3.3. Separating components from the Program for separate use on several computers.
7.3.4. Including the Program in its own works (works developed by its employees) or perform any other actions (inaction) in relation to the Program that violate the Licensor's rights.
7.3.5. Distributing copies of the Program or its parts and/or performing any other actions aimed at gaining commercial benefits in the Licensee's relations with third parties from the use of the Program;
7.3.6. Granting sub-licenses for any use of the Program or its parts to third parties without first obtaining the Licensor's consent.
7.4. The Licensee grants the Licensor the right to use the Licensee's logo and its name in the lists of Licensor's current clients on its website.
8.1. Registration.
8.1.1. To use the Program, the Licensee must go through the Registration procedure, as a result of which a unique Profile and Account will be created for the Licensee. To add Authorized Users, the Licensee must independently create profiles for them using the Program and give them access to the Account.
8.1.2. For registration, the Licensee undertakes to provide reliable and complete information about itself and Authorized Users on issues proposed in the registration form, and keep this information up to date. If the Licensee provides incorrect information or the Licensor has reason to believe that the information provided by the Licensee is incomplete or unreliable, the Licensor will be entitled, at its discretion, to block or delete the Licensee's Profile, and to prohibit further use of the Program.
8.2. Obtaining a Login and password to access the Licensee's or Authorized User's Profiles.
8.2.1. When registering, the Licensee or Authorized User independently select a login (a unique symbolic name of the Licensee's or Authorized User's Profile) and a password to access the Profile. The Licensor shall be entitled to prohibit the use of certain usernames, and set requirements for login and password (length, allowed characters, etc.).
8.2.2. The Licensee or the Authorized User shall be solely responsible for the security (resistance to guessing) of the password chosen by them, and independently ensure the confidentiality of their passwords. The Licensee shall be solely responsible for all actions / omissions (as well as their consequences) within the framework or with the use of the Program under its account, including cases of voluntary transfer or non-compliance with confidentiality of data for access to its account to third parties on any terms (including contracts or agreements). At the same time, all actions within the framework or with the use of the Program under the Licensee's account will be considered to be performed by the Licensee itself, except for cases occurring after the Licensor receives a notification from the Licensee, sent in accordance with the procedure provided for in this Contract, on unauthorized use of the Program under the Licensee's account or any violation (suspicion of violation) of its password's confidentiality.
8.2.3. The Licensee shall be obliged to immediately notify the Licensor of any unauthorized access to the Program using its Account and/or of any violation (suspicion of violation) of the confidentiality of its password. For security reasons, the Licensee shall be obliged to independently perform a safe shutdown under its Profile ("Exit" button) at the end of each session working with the Program. The Licensor shall not be responsible for any possible loss of data, or other consequences of any nature that may occur due to the Licensee's violation of the provisions of this part of the Contract.
8.3. Deleting the Account.
8.3.1. The Licensor shall be entitled to block and delete the Licensee's Account, including all content without explanation, in case of violation of the terms of this Contract. From that moment on, no recovery of the account, any information related thereto, or access to the Program using the Account will be impossible.
8.4. Restricting access to API.
8.4.1. No more than 1 API request per second can be executed by all methods in total. In case of suspicious activity via API, the Licensor shall be entitled to block access to API for the Licensee's account.
9.1. The Licensor provides Technical support to the Licensee and Authorized Users, including support on issues related to the Program's functionality, features of its operation in standard configurations, the supported operating systems, mail and other systems in the following order:
9.2. Types of technical support services/works:
1. Correction of errors in the Program's functionality (according to system configuration supplied to the Licensee).
2. Assistance to administrators of the Licensee's network to ensure the Program's accessibility in Licensor's network.
3. System recovery in case of server crash (together with Licensee's network administrators).
4. Filling in/updating customer data from uploaded files.
5. Addition/Editing/Deleting entries in the Program database (including: users, cities/regions, API access, SMS texts, delivery and pickup settings, etc.)
6. Organization and support of the channel of communication with system users.
7. The Licensor shall inform the Licensee of new modules or updates to the existing functionality of the Program in order to improve the efficiency of processing orders of end customers.
8. If the error originates in the Licensee's services or network, the Licensor shall determine its nature and report the data to the Licensee (including errors on telephony server, network availability, certificates, domains, sms and mail services, routing settings, accessibility of 1C logins, accessibility of API services)
9.3. Terms of provision and scope of services:
1. Acceptance of requests from users: around the clock, seven days a week.
2. Working hours of the Licensor's Customer Service department: from 9.00 to 19.00 Moscow time, Monday - Friday.
3. Working hours of the Licensor's technical support department: from 10.00 to 19.00 Moscow time, Monday – Friday, and from 10.00 to 17.00 on Saturday-Sunday.
4. Response time to critical errors affecting the Program's performance (during the Licensor's working hours) is 60 minutes.
5. The time to correct a critical error affecting the Program's performance (during the Licensor's working hours) is up to 4 hours. Correction time may increase if the participation of Licensee's specialists is deemed necessary. In such cases, the Licensor shall make every possible effort to correct the critical error as soon as possible from the moment it received the request (during the Licensor's working hours).
6. Response time to a common error not affecting the Licensee's operational activities is 60 minutes.
7. The time to correct a common error that does not affect the Licensee's operational activities shall be up to 8 hours (during the Licensor's working hours). In such cases, the Licensor shall make every possible effort to correct the common error as soon as possible from the moment it received the request (during the Licensor's working hours).
8. Assistance and explanations to administrators of the Licensee's network regarding Program administration shall be provided on the day the Licensor was contacted via communication channels. Response time to network administrators: up to 6 hours from the moment of request.
9.4. Mandatory conditions for providing technical support:
1. Specialists provide technical support via Telegram or by phone.
2. Setup of such equipment as: handsets, cash registers, bank terminals, scanners, printers, PC, routers, modems, networks, etc. shall be carried out by the Licensee.
3. Network environment shall be configured by Licensee's specialists.
9.5. In order to provide Technical Support, the Licensor shall be entitled to require the Licensee to provide information concerning its account data, technical characteristics of its equipment, as well as other information necessary for rendering Technical Support.
10.1. The Licensor, no later than the 5th (Fifth) day of the month following the month of rendering Services, shall send the Act of Rendered Services to the address of legal entity specified by the Licensee during registration. If the Act of Rendered Services is not returned within 5 (Five) calendar days and/or reasoned objections to the Act of Rendered Services are not received by the Licensor, the Services will be considered rendered in full and accepted by the Licensee in full.
11.1. The Program shall be provided on an "as is" basis and the Licensor does not guarantee that all its functionality will meet the Licensee's expectations and will be applicable for its specific purpose.
11.2. The Licensor does not initiate or control the placement of any information by the Licensee during the use of the Program, does not affect its content or integrity, and at the time of posting does not know and cannot know whether this information violates the legally protected rights and interests of third parties, international treaties or the current legislation of the Khazahstan.
11.3. The Licensor is not liable to Licensee for any damage, loss of income, profit, information or savings related to the use or inability to use the Program, including in cases when the Licensee was notified in advance of the possibility of such damage, or any claims by third parties.
11.4. If errors are found while the Program is in use, the Licensor will take measures to correct them as soon as possible. The Parties agree that the exact definition of error correction period cannot be fulfilled, since the Program closely interacts with other third-party computer programs, operating systems and hardware resources of the Licensee's computer and its operability, so the time of troubleshooting does not fully depend only on the Licensor.
11.5. The Licensee shall be liable for any violation of the terms of this Contract under the current legislation of the Khazahstan.
12.1. The purpose of this section of the Offer is to protect information that the Parties provide (disclose) to each other during their cooperation under this Offer.
12.2. The Parties agree to consider the entire volume of information provided to each other within the framework of this Offer or, in connection with the purpose indicated therein, by the Parties' partners/clients, as well as information about this Offer and the proposals made, as Confidential information (and within the limits permitted by the current Russian legislation, a trade secret), unless the provisions of this Offer directly stipulate otherwise.
12.3. Each party receiving Confidential Information (the "Receiving Party") of the other party (the "Disclosing Party") shall be prohibited from disclosing such Confidential Information to anyone without the express Disclosing Party's permission, and must take all reasonable measures to protect such Confidential Information, including, in particular, any steps it takes to protect its own confidential information/ trade secrets.
12.4. The Receiving Party undertakes to use the disclosed Confidential Information solely for the purpose of implementing this Offer.
12.5. The Receiving Party undertakes to limit the list of persons having access to the Confidential Information exclusively to its employees, or employees of its counterparties directly involved in the execution of the Offer, with whom the Receiving Party has a similar confidentiality agreement.
12.6. Obligations set forth in this section of the Offer shall not apply to the following information:
● Information that is, or becomes publicly known through no fault of the Party who received this information from the other Party, which must be confirmed by the appropriate evidence;
● Information that was received by the Parties from third parties, without the obligation to maintain confidentiality;
● Information independently developed by the Receiving Party;
● Information, the disclosure of which is necessary in accordance with requirements of the current legislation or bodies vested with the appropriate powers. This information may be provided only to authorities having the appropriate powers, in accordance with the procedure provided for by the applicable legislation.
12.7. It shall not be a disclosure to provide confidential information to third parties if there is a written consent of the Party who provides such confidential information to disclose it.
12.8. For each violation of non-disclosure obligations towards Confidential Information provided for in this Offer, the Receiving Party undertakes to compensate all and any losses incurred as a result of such violation.
12.9. Obligations established in this Offer regarding the protection of Confidential Information will be valid for 3 (three) years since the transfer of Confidential information.
12.10. The Licensor shall be entitled to aggregate, systematize and analyze the information received from the Licensee, including confidential data, in order to create information and analytical reports and databases, while the Licensor guarantees the non-proliferation and safety of confidential information contained in such reports and databases in accordance with this Offer and the current legislation of the Khazahstan.
12.11. The Licensor shall be entitled to deconfidentialize information received from the Licensee, including by depersonalizing the Licensee's data and other protected information, in order to create informational and analytical reports and databases that do not contain any confidential information.
13.1. By accepting the terms of this Contract, the Licensee, in accordance with Federal Law No. 152-FZ "On Personal Data" dated 27.07.2006, acting freely, of its own free will and in its own interest, expresses its consent to the processing by Licensor of the disclosed personal data, including Surname, First Name, Patronymic, e-mail address, contact phone number, date of birth, region, city, place of work and position.
13.2. The Licensor will use the Licensee's personal data to identify the Licensee and interact with Licensee within the framework of this Offer.
13.3. Processing of personal data includes storage, processing and destruction.
13.4. The Licensee agrees to receive newsletters, advertisements, as well as system messages and notifications related to Program operation to the e-mail address specified during registration.
13.5. The Licensee's consent to processing of personal data shall be valid for the entire term of the Offer and may be revoked in accordance with the procedure established by the current legislation of the Khazahstan.
13.6. The Licensor strives to ensure, but cannot control or guarantee the confidentiality and protection of any information, including personal data, posted in the Program or obtained from the Program. The Company takes reasonable measures to prevent unauthorized disclosure of information posted by the User in the Program to third parties, but will not be responsible if such disclosure actually occurs. In this regard, the transfer of information to the Program means the User's consent to any reproduction, distribution, disclosure and other use of such information. By posting information and materials, the User also guarantees that it has all the rights and powers necessary for doing so, taking into account the terms of this Contract and that such posting does not violate the legally protected rights and interests of third parties, international treaties or the current legislation of the Khazahstan. The Licensor will be obliged to take all the necessary measures to protect the above personal data from unauthorized access or disclosure.
13.7. The Licensor performs the following actions in relation to the processing of personal data: collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, depersonalization, blocking, deletion, destruction.
13.8. This consent shall be valid for the entire duration of this License Contract and the Licensee's use of the Program. The Licensee understands and agrees that in case of revocation of this consent, it shall be deprived of the opportunity to use the Program.
13.9. The Licensee may revoke consent to the processing of personal data by contacting the Licensor's technical support at: support@rerada.com
13.10. The Licensee agrees to receive by e-mail, to the address it indicated during registration, any advertising and informational messages concerning the products and services of the Licensor and its partners.
13.11. The Licensee agrees that all materials and services of the Program or any part thereof may be accompanied by advertising, the placement of which is not initiated or controlled by the Licensor. The Licensee agrees that the Licensor does not bear any responsibility and does not have any obligations in connection with such advertising.
14.1. Requests regarding the terms of this Contract and Technical Support will be accepted at the following email address: support@rerada.com
15.1. The Parties will be responsible in accordance with the current legislation of the Khazahstan for non-fulfillment or improper fulfillment of their obligations under this Offer.
15.2. The Licensee will use the granted rights to use the Program, understanding its purpose and capabilities. The Licensor will not assume any responsibility for compliance of the services with the Licensee's purpose of use.
15.3. The Licensee agrees that no software can be error-free.
15.4. The Licensor is not responsible for actions of Licensee related to the use of the granted rights to use the Program.
15.5. The Licensor is not liable to Licensee for damages of any kind incurred by the Licensee due to loss and/or disclosure of its data necessary to access the Program.
15.6. The Licensor is not liable to Licensee for delays and interruptions in its work that occur directly or indirectly for a reason beyond the scope of reasonable control on the part of Licensor.
15.7. The Licensor is not responsible for the quality of services (in particular, but not limited to data transmission services) required to work with the Program if they are rendered by third parties not involved by the Licensor.
15.8. The Licensee agrees that in order to work with the Program, the Licensee must use some software (web browsers, operating systems, etc.) and equipment (personal computers, network equipment, etc.) produced and provided by third parties, and the Licensor cannot be held responsible for the quality of their work.
15.9. The Licensor will ensure the basic information security of the Licensee's data within the limits determined in accordance with the procedure provided for by the current legislation of the Khazahstan.
15.10. The Licensor will ensure data backup and archival storage of the Licensee's data during the entire term of the Contract.
15.11. If data loss occurred due to the Licensor's fault, it will take all the necessary measures to restore the data within 3 working days. Data recovery shall be performed only if technically feasible.
15.12. If data loss was caused by the actions of Licensee, data recovery shall be performed upon submission of a request to the Licensor. Data recovery shall be performed only if technically feasible.
15.13. In case of delay by the Licensor in fulfilling its obligations to grant the Licensee the right to use the Program, the Licensor undertakes, at the request of Licensee, to pay a penalty in the amount of 0.1% of the amount paid for the rights to use the Program for each day of delay, (except in cases when the Licensor proves that the delay occurred due to Licensee's fault), but no more than 10% of the total amount of remuneration.
15.14. In case of violation of the conditions provided for in clauses 7.3.1.-7.3.4. of this Offer, the Licensee shall be obliged to pay a fine to the Licensor in the amount of remuneration provided for in clause 6.1. hereof.
15.15. If the Licensee violates the requirement of clauses 7.3.5., 7.3.6. of this Offer, the Licensee shall be obliged to pay the Licensor a fine in the amount of license fee provided for in clause 5.1. hereof, plus 60% (sixty percent) of the amount of income received as a result of violation of these conditions.
15.16. Payment of penalties and fines shall be effected within 10 (ten) banking days from the date of receipt by the Party of the relevant claims, to bank account specified in such claim.
16.1. The Licensor shall be entitled to change the terms of this Contract unilaterally by posting the amended text on the Internet at: https://rerada.com. The Licensee shall be obliged to familiarize itself with the current version of the Contract, as well as Tariffs approved by the Licensor.
16.2. The Licensor shall be entitled to unilaterally terminate this Contract in case of violation by the Licensee of the terms of this Contract regarding the use of the Program.
16.3. Upon termination of this Contract by any Party and for any reason, the Licensee and Authorized Users will be obliged to stop using the Program completely.
16.4. If any provisions of this Contract are invalidated by a court decision that has entered into force, the Contract shall continue to be valid in its remaining parts.
17.1. Disputes and disagreements that may arise during execution of this Offer will be resolved by the Parties through negotiations. Pre-trial settlement of disputes shall be mandatory for the Parties.
17.2. If it is impossible to settle disputes and disagreements through negotiations within 30 (thirty) days from the date of presenting the first claim, the Parties will submit them to the Arbitration Court of Moscow for consideration.
18.1. The Parties will be released from liability for non-fulfillment of their obligations under this Offer, if such non-fulfillment was the result of force majeure circumstances that arose after the conclusion of this Offer as a result of extraordinary circumstances that the Parties could neither foresee nor prevent by reasonable measures.
18.2. Upon the occurrence of such circumstances, each Party shall be obliged to notify the other Party in writing within 10 (ten) days. The notification should contain data on the nature of the circumstances, as well as, if possible, an assessment of their impact on the fulfillment by the Parties of their obligations under this Offer. Otherwise, the Party that has not fulfilled its obligations shall be deprived of the right to refer to such circumstances as force major events.
18.3. Facts stated in the written Notice shall be confirmed by the relevant authorities.
18.4. Upon the occurrence of the indicated circumstances, the deadline for the Parties to fulfill their obligations shall be postponed in proportion to the time during which the specified circumstances and their consequences persist.
18.5. In cases where the indicated circumstances and their consequences continue to be valid for more than 1 (one) month, the Parties are entitled to agree on alternative ways to perform this Offer.
19.1. The Offer comes into force from the moment it is posted on the Site and shall be valid until the Licensor withdraws the Offer.
19.2. The Parties have the right to terminate this Offer prematurely by mutual written agreement.
19.3. If the Licensee violates the terms of this Offer, the Licensor shall be entitled to unilaterally terminate the Offer, of which it will notify the Licensee by sending a notification to Licensee's e-mail address.
19.4. The Parties hereby confirm that after the transfer of rights in accordance with clause 2.4., the remuneration provided for in clause 6.2 of this Offer, will not be refundable upon termination of the Offer and in other cases.
20.1. In any other issues not provided for in this Offer, the Parties will be guided by the current legislation of the Khazahstan.
20.2. In the event of a change in the Licensee's address or details, it shall be obliged to inform the Licensor about such changes by e-mail within 10 (ten) working days. The Licensee is not authorized to assign the rights under this Offer without the consent of the Licensor. If the assignment of rights shall be necessary, the Licensee shall send a written notice to the Licensor indicating the reason for such assignment and the organization's data. The Parties will take decision on the possibility of such assignment based on this notification, with the subsequent signing of a tripartite transfer of rights agreement.
20.3. The Parties hereby confirm that all messages sent by the Parties via e-mail to the address specified by the Licensee when registering on the site/upon leaving the relevant application, will be recognized as duly sent and legally significant in accordance with Article 165.1 of the Civil Code of the Khazahstan.
20.4. All issues not regulated by this Offer will be resolved in accordance with the current legislation of the Khazahstan.
20.5. The Parties agree that they will use electronic document management by exchanging properly executed documents by e-mail (these documents must be signed by authorized persons and stamped), and at the request of the Licensee - with subsequent sending of the originals of such documents to the addresses specified by the Parties in the details as postal.
LICENSOR
Private Entrepreneur Koschinsky Timur Valerievich (BIN:780615301092)
Location address: Kazakhstan, Almaty, Zhandosova str., 98
settlement account KZ79601A861004283841
in Halyk Bank of Kazakhstan JSC
correspondent account KZ87125KZT1001300313
BIС HSBKKZKX
INN: 780615301092
1. Лицензиар предоставляет Лицензиату доступ к дополнительной услуге – внедрению Программы (далее – «Дополнительная услуга»), в рамках оказываемых / заказанных основных услуг, в том числе:
1.1. Настройка телефонии;
1.2. Перенос клиентской базы в ПРОГРАММУ;
1.3. Создание канала технической поддержки;
1.4. Консультация по созданию учетных записей для пользователей;
1.5. Три сессии обучения персонала по работе с программой, включающие три вебинара:
- ознакомительный вебинар;
- вебинар в формате «вопрос/ответ» и проигрывание возможных сценариев сделки;
- вебинар в формате «вопрос/ответ» и проверка полученных знаний сотрудниками);
1.6. Консультация по подключению поставщиков;
1.7. Консультация по подключению дополнительных услуг (смс рассылки, касса и т.д.);
1.8. Консультация по переносу базы складских остатков.
2. Доступ к Дополнительной услуге предоставляется Лицензиату после получения от него согласия на предоставление данной услуги путем проставления «галочки» в поле «___________», расположенном по адресу _____.
