User agreement for the service "Cloud FZ-152"
User agreement for the service "Cloud FZ-152"
This document constitutes an offer in accordance with Art. 435 of the Civil Code of the Russian Federation (hereinafter referred to as the "Offer") for a conclusion between Mail.Ru LLC (125167, Moscow, Leningradsky prospect, 39, p. 79, OGRN 1027739850962) (hereinafter referred to as the "Company") and You, a legal entity, (hereinafter referred to as the "Customer") of the user agreement on the terms of this Offer (hereinafter referred to as the "Agreement"), the subject of which is the provision of services for providing access to the Service "Cloud FZ-152" within the Platform "Mail.Ru Cloud Solutions ”(hereinafter referred to as the“ Platform ”).
By using the Service you are in accordance with Art. 438 of the Civil Code of the Russian Federation unconditionally and in full accept the terms of the Agreement.
The use of the Service is also governed by an agreement concluded between the Company and the Customer (hereinafter referred to as the "Agreement"). In the event of a conflict between the terms of the Agreement and the Agreement, the terms of the Agreement shall apply.
1. Terms and definitions.
Site - an Internet site located at https://mcs.mail.ru/ , providing the Customer with access to the Platform and the Service. The Company places information on the Site that is mandatory for Customers.
Cloud FZ-152 / Service is a service of the Company known under the name "Cloud FZ-152", consisting in providing the Customer with the possibility of creating virtual servers and virtual disks on the Contractor's servers in the certified perimeter of ISPDN. The security of the certified perimeter of the ISPDN is confirmed by a certificate of conformity, which provides the Customer with the opportunity to process Personal Data in the ISPDN.
Content - electronic documents, graphic images, photographs, scripts, texts, videos, music, sounds, computer programs and other objects (files) uploaded by the Customer placed in the Service, which may contain personal data.
Prohibited Content - any Content, including its constituent materials and personal data, the use of which is prohibited by the Applicable Rules.
Processing of Personal Data - actions of the Customer performed using automation tools or without using such tools with Personal Data in ISPDN when using the Service, namely (the list is closed): recording (uploading to the Company's server), systematization, accumulation, storage, clarification ( update, change), extraction, use, transfer (access), depersonalization, blocking, deletion, destruction (hereinafter referred to as the "Processing Methods" ).
Purpose - the purpose of the Processing of Personal Data, determined by the Customer, specified in the Agreement.
Personal data (Data) - any information relating directly or indirectly to a specific or identifiable natural person (subject of personal data) processed by the Customer through the Service. The list of Data that the Customer intends to use in the Service (the " List ") is agreed by the Parties in the Agreement.
Subjects - Subjects of Personal Data, whose Data is processed by the Customer when using the Service.
ISPDN is the information system of personal data Mail.Ru Cloud Solutions Infra of the Company that meets the information security requirements of the legislation of the Russian Federation and provides the 3rd level of protection of personal data, which is confirmed by the Certificate of Compliance (available on the Internet at: https: //hb.bizmrg. com / mcs-static / ___ files / certificates / security_certificate.pdf)
Service inaccessibility (Downtime) - the time interval from the moment the Customer sent a message to the Company's support service by e-mail to email@example.com or through the feedback form in the personal account, the fact of which was subsequently confirmed by the Company, and the moment the Service resumed after the completion of the restoration work by the Company.
Compensation - the amount of funds transferred by the Company to the User in case of violation of the guarantees of the level of the Service or in case of loss / damage to the Content as a result of an accident due to the fault of the Company.
The reporting period is a calendar month.
2. Subject of the Agreement, conditions for obtaining access to the Service
2.1. Under the terms of this Agreement, the Company provides the Customer around the clock with an Internet connection, the Cloud FZ-152 Service, which allows the Customer to create virtual servers and virtual disks in a secure ISPDN on the Contractor's servers, and the Customer undertakes to pay for the Contractor's services for using access to the Service in the amount and the order as determined by the Applicable Rules. Protected ISPDN enables the Customer to process Personal Data in ISPDN on the terms of the Agreement (hereinafter also referred to as "services"). Access to the Service is provided to the Customer only if the Customer specifies the List of Personal Data and the Purpose.
2.2. When using the Service, the Customer is prohibited from processing (uploading to the Company's server) information, the processing of which in the Service violates a person's right to privacy, personal and family secrets.
2.3. Processing of Personal Data is allowed only if the conditions for processing such Data require the provision of 3 levels of security or lower in accordance with the legislation of the Russian Federation, including by-laws (in particular, the Decree of the Government of the Russian Federation of 01.11.2012 N 1119).
2.4. With each access and / or actual use of the Service, the Customer agrees with the provisions of this Agreement, as well as with other Applicable rules, as amended, which were in effect at the time of the actual use of the Service.
2.6. The applicable rules and this Agreement may be changed by the Company at any time without any prior notice to the Customer. Any such changes 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 the Agreement and / or their amended version cannot serve as a basis for the Customer's failure to fulfill his obligations related to the use of the Service. The Customer has the right to refuse to accept changes and additions to the Applicable Rules and / or Agreement, which means the Customer refuses to use the Service.
2.7. To use the Service, the Customer undertakes to ensure that the technical and software capacities of the Customer meet the requirements of the Contractor, which are available on the Internet at: https://help.mail.ru/mcs and may be updated from time to time.
2.8. Functionality of the Service, use of the Service:
2.9. The placement of the Content on the Contractor's servers and its use must not violate any applicable law, in particular, the Customer is not entitled to:
- upload, store, transfer, provide access to other persons or otherwise bring to the public (post on the Service) Content, including incl. intellectual property objects of rightholders in the absence of sufficient legal grounds for such actions;
- upload, store, transfer, provide access to other persons to the Content prohibited by applicable law, or the Content, the storage or use of which requires obtaining special permissions from authorized bodies or persons, if the Customer does not have the appropriate permissions.
2.10. The Contractor has the right to monitor the Content solely in order to verify that the Customer complies with the requirements of this Agreement for the Content and to prevent the use of the Prohibited Content. The Customer undertakes not to create obstacles for the Contractor in the implementation of such monitoring, while the Customer has the right to use tools to preserve the confidentiality of the Content (such as encryption, firewalls). 2.11. The Customer instructs the Company to process the List of Personal Data of Subjects with a Purpose using automation tools in the following ways: access, storage, destruction to the extent that allows the Customer to provide the Service under the terms of the Agreement.
3. Customer guarantees
3.1. The Customer represents and warrants that the Processing of Personal Data is governed exclusively by the legislation of the Russian Federation.
3.2. The Customer certifies and guarantees the existence of legal grounds provided for by the Federal Law "On Personal Data" dated July 27, 2006 N 152-ФЗ (hereinafter - "ФЗ On Personal Data"), for the Customer to process the List of Personal Data in ISPDN as part of using the Service for the Purpose and Methods of Processing.
3.3. The Customer certifies and guarantees that he has received the consent of the Subject, drawn up in full accordance with the Federal Law On Personal Data on the instructions of the Customer to the Company for processing the List of Personal Data of Subjects with a Purpose using automation tools in the following ways: access, storage, destruction in an amount that allows the Customer to provide the Service on the terms of the Agreement. Such consent must include the name and registered office of the Company.
3.4. The Customer represents and warrants that the data processing conditions require the provision of 3 levels of security or lower in accordance with the legislation of the Russian Federation.
3.5. The Customer represents and warrants that his use of the Service on the terms of the Agreement does not violate applicable law and the rights of third parties.
3.6. The Customer certifies and guarantees that he is a legal entity registered in accordance with the legislation of the Russian Federation, fully legally capable, having all the necessary rights, permits and powers to conclude the Agreement.
4. Rights and obligations of the Parties
4.1. The Contractor undertakes:
4.1.1. Provide the Customer with the opportunity to use the Contractor's Service.
4.1.2. Ensure constant, round-the-clock availability of the Service to the Customer, if there is an Internet connection.
4.1.3. Provide technical support to the Customer.
4.1.4. Not to disclose the Customer's data, except as otherwise provided by the legislation of the Russian Federation, this Agreement and the Applicable Rules.
4.2. The Contractor has the right:
4.2.1. Block access to the Service and to the Customer's Content if the Contractor becomes aware of a violation of the rules for posting Customer's Content, the terms of this Agreement, Applicable rules or legislation of the Russian Federation.
4.2.2. In a notification, unilateral manner, amend the Applicable Rules by publishing a new edition.
4.2.3. Require the Customer to provide information and documents confirming the compliance of the Content with the requirements of this Agreement.
4.2.4. Block or remove Prohibited Content on your own initiative, as well as at the request of authorized government agencies. Any losses caused to the Customer in connection with the removal of the Prohibited Content by the Contractor are not reimbursed by the Contractor.
4.3. The customer has the right:
4.3.1. Process the List of Personal Data for the Purposes and Methods of Processing using the available functionality of the Service.
4.3.2. Change the List of Personal Data, subject to the restrictions established in relation to it by the Agreement with the obligatory agreement with the Company of the amended list in the annexes / additional agreements to the Agreement.
4.4. The customer is obliged:
4.4.1. Pay for the services of the Contractor in accordance with the terms of the Agreement.
4.4.2. On a regular basis, independently familiarize yourself with the current version of the Applicable Rules and comply with them in full.
4.4.3. Be responsible for your actions and / or inactions when using the Contractor's Service.
4.4.4. Comply with all prohibitions and requirements provided for by the Agreement.
4.4.5. When using the Service (in particular, in the event of unlawful processing of Personal Data (part of it) in the Service), the Customer is obliged to comply with the requirements of the Federal Law On Personal Data and related by-laws.
4.4.6. Without involving the Company, on their own and at their own expense, resolve all disputes arising from the violation of the Agreement by the Customer.
4.4.7. Within 3 (three) business days from the date of receipt of the relevant request from the Company, provide it with evidence of compliance with its assurances and guarantees.
4.5. Company rights:
4.5.1. Improve the functionality of the Service, introduce new functionality.
4.5.2. Request from the Customer documents confirming compliance with the assurances and guarantees under the Agreement, and in the event of their absence / discrepancy / failure to provide within the period specified in clause 4.2.4, unilaterally refuse to execute the Agreement, closing the Customer's access to the Service and destroying the List Personal data without compensation for losses to the Customer. In this case, the Company notifies the Customer of the refusal by e-mail.
4.6. Obligations of the Company
4.6.1. ensure the confidentiality of Personal data processed on behalf of the Customer, and ensure the security of such data during their processing.
4.6.2 Comply with the following requirements for the protection of Personal Data:
- Organize a regime for ensuring the security of the premises in which the data processing systems are located, preventing the possibility of uncontrolled entry or stay in these premises of persons who do not have the right to access these premises;
- Ensure the safety of the media on which the Data is contained;
- Determine the list of persons whose access to the Data processed by the Company is necessary for the performance of their official (labor) duties;
- Determine the person responsible for ensuring the security of the Data.
4.6.3. Process the Data only in the amount, for the purposes and in the ways specified in the order of the Customer.
4.6.4. Comply with other legal requirements in connection with the provision of services provided for by the Agreement.
5. Cost of services
5.1. The use of the Service within the Platform is Paid. The cost of services and the procedure for settlements are established by the Agreement.
6.1. For violation of the terms of the Agreement, the parties are responsible in accordance with the legislation of the Russian Federation and the Agreement. The sanctions provided by law and the Agreement are subject to payment by the offending Party within 5 working days from the date of receipt of a written request from the injured Party.
6.2. In the event that, as a result of a violation by the Customer of its guarantees, assurances and / or obligations under the Agreement, claims, claims of any third parties, as well as instructions, warnings and other acts of the regulatory authorities are brought against the Company, the Customer undertakes to resolve them on his own and at his own account, without involving the Company.
7. Other conditions
7.1. The applicable legislation under this Agreement is the legislation of the Russian Federation.
7.2. 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 expressly 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.
7.3. The forms of the Customer's use of images, texts, names, emblems and symbols of the Contractor must be agreed with the representatives of the Contractor.
Edition of 19.10.2020