User agreement for the service “1C: Ready Workplace”

This document is an official offer of Mail.Ru LLC (hereinafter referred to as the "Contractor") to conclude a user agreement (hereinafter referred to as the "Agreement") with you (hereinafter referred to as the "Customer") on the provision of services for providing access to the 1C Service: within the VK Cloud Platform (hereinafter referred to as the “Platform”), on the terms set forth in this Agreement, which is available on the Internet at: https://mcs.mail.ru/help/legal/1cgrm-termofuse.

Site — an Internet site located at https://mcs.mail.ru/, which provides the Customer with access to the Service. The Contractor posts on the Site information that is binding on the Customer.

VK Cloud Platform (Platform) is a computer program available to the Customer through the Website and operated by the Contractor, which provides the Customer with access to the selected Services.

Service 1C: Ready-made workplace (Service) — the Contractor's service, known under the name "1C: Ready-made workplace", consisting in presenting to the Customer the possibility of remote access to the selected 1C: Enterprise 8 programs deployed in the cloud infrastructure through a browser or thin client from 1C with work through a browser.

Content — electronic documents, graphics, photographs, scripts, texts, videos, music, sounds, computer programs and other objects (files) uploaded by the Customer posted on the Service.

Service unavailability (Downtime) — the time interval from the moment the Customer sent a message to the Contractor's support service by e-mail to support@analit.ru or through the feedback form in the Personal Account, the fact of which was subsequently confirmed by the Contractor, and the moment the Service was resumed after completion The executor of restoration work.

Compensation — the amount to be credited to the Customer's Personal account in the case of Downtime in the manner prescribed by this Agreement. Compensation does not imply payment of funds to the Customer.

The reporting period is a calendar month.

Applicable rules — this Agreement, available on the Internet at: https://mcs.mail.ru/help/legal/1cgrm-termofuse, containing the conditions for access and use of the Service, as well as the following documents, to the extent necessary for use Service:

1. Terms of use of the VK Cloud Platform (https://help.mail.ru/mcs/legal/termofuse);
2. Contractor's privacy policy (https://help.mail.ru/mcs/legal/privacy/).

In the event that this Agreement uses terms that are not defined in Section 2 of this Agreement, the definitions of these terms of the Applicable Rules are used.

Personal Account is a closed area of the Platform that allows the Customer to manage settings, edit the Customer's Account, access statistics data, and also perform other actions necessary to implement the functionality of the Platform and individual Services.

Personal account — a set of records reflecting the financial relationship between the Customer and the Contractor for the services provided. The Customer's balance is increased by the amount of funds transferred by the Customer to the Contractor and credited by the Contractor to the Personal Account as prepayment for services, and is reduced by the cost of the services connected by the Customer.

A module is a type of 1C Service application: Ready workstation.

2.1. Under the terms of this Agreement, the Contractor provides the Customer around the clock with an Internet connection "Service 1C: Ready Workplace" (hereinafter referred to as the Service), which allows the Customer to use the capabilities of remote access to selected programs "1C: Enterprise 8" deployed in the cloud infrastructure through a browser or a thin client from 1C with work through a browser, and the Customer undertakes to pay for the Contractor's services for using the provision of access to the Service in the amount and in the manner determined by the Applicable Rules. The Contractor has the right to provide access to the Service on the basis of agreements concluded with the copyright holders of the rights to the Service or third parties who own such rights on a contractual basis.

2.2. The condition for using the Service is the complete and unconditional acceptance by the Customer of the provisions of this Agreement. Access to the Service is carried out within the Platform, in connection with which the condition for using the Service is the use of the Platform and acceptance of the Terms of Use of the Platform, available at https://help.mail.ru/mcs/legal/termofuse/, as well as the Contractor's Privacy Policy, available at https://help.mail.ru/mcs/legal/privacy/ (hereinafter collectively referred to as the "Applicable Rules"). In the event of a conflict between the provisions of the Terms of Use of the Platform and this Agreement, the provisions of this Agreement shall prevail. The Terms of Use of the Platform apply to the relations of the Parties that are not regulated by this Agreement.

2.3. With each access and / or actual use of the Service, the Customer agrees to the provisions of this Agreement and the Applicable Rules as amended, which were in effect at the time of the actual use of the Service.

2.4. The applicable rules, including this Agreement, may be changed by the Contractor at any time without any prior notice to the Customer. Any such changes will take effect on the day following the day such changes are posted on the Site. The Customer undertakes to independently check the Applicable Rules for changes. Failure by the Customer to take steps to familiarize himself with the Applicable Rules and / or the revised edition cannot serve as a basis for the Customer's failure to fulfill his obligations related to the use of the Platform and the Service. The Customer has the right to refuse to accept changes and additions to the Applicable Rules, which means the Customer's refusal to use the Platform and / or the Service.

2.5. To use the Service, the Customer undertakes to ensure that the technical and software capacities of the Customer comply with the requirements of the Contractor, which are available on the page at the link https://help.mail.ru/mcs and may be updated from time to time.

2.6. Functionality of the Service, use of the Service:

The Customer can use the Service to the extent of the rights granted to him by the Administrator of the Platform and Service, in any way that is acceptable by the functionality of the Platform and the Service, with the exception of methods expressly prohibited by the Terms of Use of the Platform and the Agreement, as well as by applicable law. In particular, the Customer can create new applications for modules of software products of the "1C: Enterprise 8. Cloud Infrastructure" family, launch, install, and uninstall them. In any case, the functionality of the Service is provided "as is".

2.7. The Contractor has the right to monitor the Content in order to verify the Customer's compliance with the requirements of this Agreement. The Customer undertakes not to create obstacles to the Contractor in the implementation of such monitoring, while he has the right to use tools to preserve the confidentiality of the Content (such as encryption, firewalls).

2.8. Access to the Service can be provided in one of the following ways:

2.8.1. With a prepaid settlement system: after depositing funds in the amount specified in the Tariffs. The customer is given access to work with the Modules.

2.8.2. With a postpaid settlement system: The Customer is provided with access to work with the Modules.

3.1. The Contractor undertakes:

3.1.1. Provide the Customer with the opportunity to use the Contractor's Service.

3.1.2. Ensure constant, round-the-clock availability of the Service to the Customer, if there is an Internet connection.

3.1.3. Provide technical support to the Customer at the option of the Contractor: in person or with the involvement of third parties, including 1C-ANALITIKS LLC (PSRN 1107746736690) through the communication channels provided by the functionality of the Service.

3.1.4. Not to disclose the Customer's data, except as provided by the legislation of the Russian Federation, this Agreement and the Applicable Rules.

3.2. The Contractor has the right:

3.2.1. Block access to the Service and to the Customer's Content in the event that the Contractor becomes aware of a violation of the terms of this Agreement, Applicable rules or legislation of the Russian Federation. Any losses caused to the Customer in connection with the blocking by the Contractor of access to the Service or to the Customer's Content are not reimbursed by the Contractor.

3.2.2. In a notifying, unilateral manner, amend the Applicable Rules.

3.2.3. Require the Customer to provide information and documents confirming the compliance of the Content with the requirements of this Agreement.

3.3. The customer undertakes:

3.3.1. Pay for the services of the Contractor in accordance with the terms of this Agreement.

3.3.2. On a regular basis, independently familiarize themselves with the current version of the Applicable Rules and comply with them in full.

3.2.3. Be responsible for your actions and / or inactions on the use of the Contractor's Service.

4.1. The use of the Services is chargeable. The Contractor, in order to determine the cost of using the Service, sets the price and the corresponding list of services in accordance with the Tariffs.

4.2. The tariff, including, but not limited to, the terms of payment (prepayment / postpay) is set by the Contractor and communicated to the Customer. The current Tariffs are available at the link: https://mcs.mail.ru/help/tariffs-and-quotas/1crgm-rates. The tariff can be changed by the Contractor unilaterally, which is brought to the attention of the Customer by updating the information on the pages: https://mcs.mail.ru/help/tariffs-and-quotas/1crgm-rates. The Contractor may unilaterally change the Tariffs that are applied from the Reporting Period following the period in which the Tariffs were changed.

In the absence of funds on the Personal Account to write off the cost of services for providing access to the Service or for services rendered in the previous Reporting Period (hereinafter referred to as the Zero Balance), the Customer's access to the Service and files is terminated.

4.4. With a zero balance of the Customer, the Contractor has the right to delete files that occupy disk space with prior notification of the Customer by e-mail, to which the Personal Account is registered

4.5. To restore access to the Service, the Customer must replenish funds on his Personal account in the amount necessary to pay for services in the amount required for the Customer in accordance with the Tariffs in force at the time of the payment.

4.6. The Customer has the right to use demo access for one application of each Module (without making a fee in order to get acquainted with the functionality) to the Service 1 (one) time for a period not exceeding thirty (30) calendar days.

5.1. The amount of the Contractor's liability is limited solely by the relevant Applicable Rules posted on the Site in the section https://help.mail.ru/mcs/legal/.

5.2. Lost profits of the Customer are not subject to compensation by the Contractor.

5.3. The Contractor is not liable to the Customer for blocking access to the Customer's Content, or destroying the Content if the Contractor received relevant claims from third parties, or warnings, instructions or other acts of state authorities in relation to the Customer's actions using the Service.

5.4. The Contractor is not responsible for any violations of the current legislation that have or may take place on projects implemented by the Customer. In the event of claims against the Contractor from third parties in connection with such violations that have occurred, the Customer is obliged to release the Contractor from liability and settle such claims on his own, all losses incurred by the Contractor through the fault of the Customer, in full, including but not limited to: settlement of claims, disputes, enforcement of sanctions by state authorities, must be reimbursed to the Contractor, if any.

6.1. The Customer guarantees that his Content posted using the Contractor's Service does not contain information and images of a pornographic nature, does not promote violence, racial, sexual, religious or other forms of inequality, or other activities directly prohibited by the legislation of the Russian Federation, does not violate copyright laws. law and other applicable legislation, as this may affect the reputation of the Contractor.

6.2. The Customer guarantees that the placement of the Customer's Content takes place in compliance with the conditions of the current legislation of the Russian Federation.

6.3. The forms of use by the Customer of images, texts, names, emblems and symbols of the Contractor must be agreed with the representatives of the Contractor.

6.4. The Contractor guarantees that the services for providing access to the Service are provided 24 (twenty four) hours a day, 7 (seven) days a week.

6.5. The Contractor reserves the right to interrupt the operation of the Service to carry out the necessary maintenance work, including on weekdays. Such cases will not be considered interruptions in the provision of services if the Contractor notifies the Customer in advance 24 (twenty four) hours before the start of preventive work, entailing interruptions in the operation of the Service, by publishing relevant information on the Site (including the duration of preventive work). The time of unavailability of the Service associated with maintenance work is not subject to compensation according to the rules of clause 6.6. Agreements.

6.6. The unavailability of the Service ("Downtime") is defined as the time interval from the moment the Customer sends a message to the Contractor's support service through the feedback form available in the Personal Account containing a notification about the unavailability of the Service, or an e-mail message to the address: support@analit.ru, the fact of which was subsequently confirmed by the Contractor, and the moment the Service was resumed after the completion of the restoration work by the Contractor. If the Contractor has his own data about the beginning of Downtime, indicating an earlier start time of the Service's unavailability than the time of sending an e-mail to support@analit.ru or the feedback form in the Personal Account, the Contractor may use such data. Disagreements about the start and end times of Downtime are resolved through negotiations between the Parties. If Downtime began in one Reporting Period and ended in the next Reporting Period, then the unavailability of the Service fully refers to the Reporting Period in which most of Downtime took place.

6.7 If the Service is unavailable, the Contractor undertakes to transfer the Compensation to the Customer (credited to the Personal Account), the amount of which is determined on the basis of the table below (hereinafter — Table No. 1):

* Calculated based on 43 800 minutes in the Reporting Period

6.8 In any cases of violation of the guarantees of the level of the Service, the Customer undertakes to cooperate with the Contractor to determine the source of the problems, eliminate it and restore the functionality of the Service or deleted / damaged Content.

6.9. The Compensation is calculated automatically based on the Contractor's statistics. The amount of the Compensation is transferred to the Customer's account in the amount determined on the basis of the rules of clause 6.7. of this Agreement within 7 (seven) business days from the beginning of the Reporting period following the one in which the events that served as the basis for the Compensation took place.

6.10. The amount of the Compensation during the Reporting Period on both grounds specified in cl. 6.6. and 6.7. Of the Agreement, cannot exceed the amount of funds paid by the Customer for the Reporting period in which the events took place that served as the basis for the Compensation.

6.11. The unavailability of the Service caused by the actions of the Customer or third parties, or force majeure circumstances that led to the unavailability of services is not subject to Compensation; suspension of the provision of services associated with the planned maintenance work, as defined in clause 6.5. present agreement; suspension of the provision of services at the request of state or municipal authorities in cases and in the manner determined by applicable law. The Contractor under no circumstances will reimburse the Customer of the Service for indirect losses, including lost profits and damage to business reputation.

6.12. By accepting the terms of this Agreement, the Customer expresses and provides his informed consent in favor of Mail.Ru LLC (OGRN 1027739850962), 1C-ANALITIKS LLC (OGRN 1107746736690) in accordance with Federal Law No. 152-FZ dated July 27, 2006 "About personal data" for the implementation of the following actions with all the personal data provided by the Customer (namely: surname, name, patronymic, phone number, email, taxpayer identification number): collection, systematization, storage, clarification (update and change), use, provision, depersonalization, blocking and destruction for the purposes of execution by the Customer and the Contractor of the terms of this Agreement. Consent is provided without limiting the period for processing personal data, but in any case until the goals of providing consent are achieved or until the Customer withdraws consent to the processing of personal data by sending a written message to Mail.Ru LLC to the address: 125167, Moscow, Leningradsky prospect 39, building 79 and LLC 1C-ANALITIKS "written application to the address: 125167, Moscow, Planetnaya street, house 11, room 6/25 rm-2. The provisions on personal data not regulated by the provisions of this clause of the Agreement are governed by the provisions of the Contractor's Privacy Policy (https://help.mail.ru/mcs/legal/privacy/).

Revision: from 10/22/2021