Rules of Advertising Service Rendering

Habr LLC
Moscow
Effective since 09.08.2018

This document "Rules of Advertising Service Rendering" constitutes binding terms underlying the concluding and execution of advertising service agreements by using web applications.

1. Definitions and Terms

1.1. For the purposes of this document, the following terms have the following meanings:

1.1.1. Rules means the text of this document with all annexes, amendments and additions hereto, as laid out at the Contractor's Website and accessible at: https://habr.com/info/advert-rules/.

1.1.2. Offer Acceptance Invoice is a document issued by the Contractor that identifies the essential terms of the Agreement concluded in accordance with these Rules, including information on Promotional Materials, deadline and manner of Service rendering, its cost, and other essential terms of the particular Agreement.

1.1.3. Agreement means an agreement of fee-based Services with all Mandatory Documents related to it, to be entered into and executed by the Parties as provided for by these Rules.

1.1.4. Customer means a person entered into the Agreement with the Contractor on the terms set forth herein (under the concluded Agreement) or intending to enter therein (in progress) in its own interests or the interests of its client.

1.1.5. Order means actions of the Customer as set forth herein, as required to conclude a separate Agreement.

1.1.6. Reporting Period means a quarter attributable to the period from the conclusion of the Agreement until termination thereof. The beginning of the first Reporting Period is the date of the Agreement conclusion; the end of the last Reporting Period is the last day of the Agreement's effective period. At the Customer's request, the Contractor may define the Reporting Period under the Agreement with a duration of one calendar month by specifying the required data in the Offer Acceptance Invoice relating to such Agreement.

1.1.7. Advertising Material means a banner, button, html block, teaser block, branded content, megapost, megatest and other advertising provided by the Customer or created by the Contractor within a specific Advertising Campaign for the publication in the Application on the terms of these Rules in accordance with a separate Agreement.

1.1.8. Advertising Campaign means a scope of the ordered Services under the Agreements existing between the Contractor and the Customer in the Reporting Period.

1.1.9. Website means any automated information system accessible via the Internet at web addresses in the following domains (including subdomains): habr.com

1.1.10. Mobile Application means a software to be installed and used on a Device that provides access to the System for the User via a communication network.

1.1.11. Application means software and/or databases, including the Website and the Mobile Application that provide access to the System via the Device for information purposes.

1.1.12. Device means a personal computer, tablet, mobile phone, communicator, smart phone, or any other device allowing the use of the Application and/or Systems according to their intended purpose.

1.1.13. Parties mean the Customer and the Contractor under the Agreement concluded under hereto.

1.1.14. Services mean the Contractor's advertising services provided under a separate Agreement in accordance with the terms of these Rules, which may include the placement of the Customer's Advertising Materials in the Application, creation of Advertising Materials, and other services.

1.2. These Rules may include terms and definitions not defined in clause

1.2.1. hereof. In that case such term shall be construed in accordance with the text of the Rules. Where the text of the Rules does not produce an unambiguous interpretation of a term or definition, the latter shall be construed based on: primarily, the documents forming the Agreement between the Parties, secondly, the documents mandatory for the Parties, and finally, the laws of the Russian Federation, business and scientific practices.

1.2.2. Any reference herein to a clause (chapter hereof) and/or provisions hereof means the respective reference to these Rules (chapter hereof) and/or provisions hereof.

2. Subject-Matter and Conclusion Procedure of the Agreement

2.1. The subject-matter of the Agreement is the Services specified in the accepted Offer Acceptance Invoice.

2.2. The payment of the Offer Acceptance Invoice on the terms specified therein means the acceptance of the Contractor's offer by the Customer to conclude the Agreement.

2.3. The acceptance of the Offer Acceptance Invoice by the Customer confirms the Customer's acquaintance and unconditional agreement with these Rules, including the mandatory documents specified therein, and forms the Agreement between them on the terms of the Offer Acceptance Invoice and these Rules.

2.4. The effective period of the Agreement equals to the period from the acceptance of the Offer Acceptance Invoice by the Customer until the end of the period of Service rendering.

2.5. Under these Rules, the Parties may enter into an unlimited number of Agreements, including with fully or partially coinciding effective periods.

3. General Terms of Services

3.1. The order can be placed by sending the Advertising Materials and other information required for entry into the Agreement to the Contractor's email address specified in these Rules.

3.2. A requisite condition for the rendering of Services by the Contractor is the Customer's unconditional acceptance of and compliance with the requirements and provisions applying to the relations of the Parties under the Agreement, as determined by the following documents mandatory for the Parties:

3.2.1. User Agreement laid out and/or accessible in the Internet at https://account.habr.com/info/agreement/ and covering the general terms of registration at the Website and the use of the Contractor's System;

3.2.2. Confidentiality Policy laid out and/or available in the Internet at https://account.habr.com/info/confidential/, which covers the rules for the provision and use of the Customer's personal data due to the use of the Contractor's System.

3.3. Documents required from the Parties stipulated in clause 3.1. hereof form their integral part.

3.4. The Services are rendered subject to payment for Services under the relevant Agreement and the absence of debts under any other Agreements of the Customer concluded according to these Rules.

3.5. If the Customer violates the terms of payment under the Agreement, the Contractor may, at its discretion, refuse from execution of such Agreement, in full or in part, and request full compensation for the documented losses or suspend the Services rendering until proper fulfillment of payment obligations by the Customer.

3.6. The Contractor has the right to involve third parties to provide the Services. In particular, the Customer accepts and agrees that, in part pertaining to the use of the Application, the direct service provider is the right holder of the Application - Habr Blockchain Publishing Ltd, with the Contractor being responsible to the Customer. The Contractor guarantees that, according to the agreement concluded by the Contractor with the right holder of the Application — Habr Blockchain Publishing Ltd., the Contractor is able to conclude and duly execute Service Agreements based on these Rules.

4. Provision of Advertising Materials by the Customer

4.1. Not later than 2 (two) business days before the placement of Advertising Materials, the Customer shall provide the Contractor with their layouts via an electronic message with the attached file sent to the Contractor's email address specified in section 17 of these Rules, or any other email address specified by the Contractor.

4.2. The Advertising Materials provided by the Customer shall fully comply with the terms of User Agreement, these Rules and the Technical Specifications of the Contractor, including the following restrictions:

  • types of banners: gif, jpg, png, flash, html;

  • the size of banners shall not exceed 100 kb;

  • the banner design shall be of an aesthetic appearance;

  • mandatory frame of 1 pixel for each banner;

  • the information content of the banners shall conform to generally accepted moral and ethical norms and shall not violate the current legislation;

  • the banners with large flashing elements substantially distracting an Internet user from interacting with the Application will not be placed.

4.3. The Contractor shall replace the Customer's Advertising Materials upon the Customer's request within 2 (two) business days upon provision of the new Advertising Materials in accordance with clauses 4.4. and 4.5. hereof.

4.4. In the case of late provision of the Advertising Materials or their failure to comply with the established requirements and restrictions, the Contractor may suspend the rendering of Services and reduce the period of placement the Advertising Materials for the period of delay caused by the Customer.

4.5. The Contractor may examine the Advertising Materials for their compliance with applicable legislation, the Agreement, Rules and mandatory documents specified therein at any time, including before the commencement of the Services and after placement the Advertising Materials.

4.6. The acceptance for placement and/or confirmation of the possibility to place the Advertising Materials by the Contractor under no circumstances means the confirmation of the Customer's rights to use intellectual property of third parties in such Advertising Materials, and/or other conduct any other action that violates any rights (legal interests) of third parties, as well as violate the laws in any other form. All responsibility for such use and any consequences thereof, as well as for the content of the Advertising Materials and their compliance with legal requirements shall be born by the Customer.

4.7. When receiving the Advertising Materials and during their placement period , the Contractor may verify the information therein, including the correctness of specified addresses, phone numbers, website address, compliance of the goods (works, services) to the contents of the Advertising Materials.

4.8. In the case of inconsistencies in the Advertising Materials with the above-mentioned requirements, the Contractor shall notify the Customer about the results of verification and propose to replace such Advertising Materials with the new ones. If the Customer, despite a reasonable notice of the Contractor, fails to eliminate the circumstances hindering the placement of Advertising Materials, the Contractor may unilaterally withdraw from the relevant Agreement, in whole or in part, and request full compensation for the documented losses.

4.9. If the production and/or the sale of goods (works, services) being advertised requires obtaining any licenses or other special permits, or such goods (works, services) are subject to mandatory certification or other mandatory confirmation of the compliance with requirements of technical regulations, the Contractor has the right to request at any time , the duly certified copies of the relevant documents and the Customer shall provide them within 3 (three) days after the request, and in the case of the initial placement - simultaneously with the provision of the Advertising Materials.

4.10. The Contractor has the right to verify at any time the validity of information provided by the Customer in the documents confirming the obtaining of the required licenses (permits) or certificates (declarations).

4.11. In the case of failure to provide the documents under clause 4.9. or indicating false data therein, the Contractor has the right to withdraw immediately and unilaterally from the Agreement, in whole or part, that regulates the placement of the Advertising Materials, and to request the full compensation for the documented losses.

5. Specifics of Services Related to the Creation of Advertising Materials by the Contractor

5.1. If the Parties agree that the Contractor shall place the Advertising Materials created by him or her, the period of Service rendering for the creation of the Advertising Materials is a period from the date of entering into the Agreement until the Parties agree the created Advertising Materials.

5.2. Materials provided by the Customer to the Contractor for the Service rendering for the creation of the Advertising Materials are governed by the requirements and terms of section 4 hereof.

5.3. The Parties shall agree the created Advertising Materials in the following order:

5.3.1. Upon completion of the creation, the Contractor shall provide the Advertising Materials to the Customer for preliminary approval via e-mail.

5.3.2. The Customer shall provide the Contractor with all existing instructions to the Advertising Materials within 5 (five) business days. If the Contractor gets the Customer’s instructions after the above-mentioned term such modification and amendment are subject to the Agreement concluded under a separate Order.

5.3.3. The Customer accepts and agrees that the Advertising Materials created by the Contractor for placement in the Application are of special (native) nature for for their full compliance with the Website's editorial policy determined by the Contractor unilaterally, by virtue whereof the Contractor may reject the instructions of the Customer, if their fulfillment would entail a violation of the editorial policy concerned. Rejection of such Customer's instructions by the Contractor shall not be deemed as a reason for the Customer's refusal to accept and approve the created Advertising Materials.

5.3.4. The Advertising Materials shall be deemed accepted and agreed by the Customer:

5.3.4.1. If the Customer confirms the acceptance - upon such confirmation receipt by the Contractor.

5.3.4.2. If the Contractor receives the Customer's instructions (subject to clause 5.3.3. hereof) – upon compliance with such instructions and resending the Advertising Materials to the Customer.

5.3.4.3. If there are no Customer's instructions – the next day after the expiry of the deadline for instructions.

5.3.5. Instructions and objections to the Advertising Materials agreed as above shall not be accepted.

5.4. The services "Megapost", "Megatest" are service packages that include for a fixed fee: the creation of the Advertising Materials with their further placement in the Application at no additional charge. The Customer's refusal to place the Advertising Materials in the Application shall not result in the reduction of the Service cost. In the case of such refusal, the Services are considered rendered upon agreement of the created Advertising Materials under the above-mentioned procedure.

6. Rights and Obligations of the Parties

6.1. The Contractor shall:

6.1.1. Render the Services to the Customer under the Agreement in accordance with these Rules and the mandatory documents specified herein.

6.1.2. Proceed to the placement of the Advertising Materials no later than the date specified in the relevant Agreement, if the Customer complies with the terms of the Advertising Materials' provision hereunder.

6.1.3. Upon the Customer's request, inform the latter on the progress of the Services under the Agreement by providing the Customer with the access to statistical information concerning the placement of the Advertising Materials.

6.2. The Contractor may:

6.2.1. Not proceed with the rendering of the Services, or suspend the Services if the Customer breaches the terms of the Advertising Materials' provision hereunder.

6.2.2. Completely or partially refuse from the execution of the concluded Agreement in the cases provided for by these Rules.

6.2.3. Request from the Customer and receive documents, examine the information therein in accordance with the terms of the Advertising Materials' provision hereunder.

6.2.4. Engage third parties for the fulfillment of obligations under the Agreement subject to taking the responsibility for their actions as for the Contractor’s own.

6.3. The Customer shall:

6.3.1. Provide the Contractor with the Advertising Materials in accordance with section 4 hereof.

6.3.2. Pay in due time for the Services under the Agreements in accordance with section 7 hereof.

6.3.3. Upon the Contractor's request, provide the documents specified in section 4 hereof within the time frames established hereby.

6.3.4. Notify the Contractor in writing within 3 (Three) days from the revocation (cancellation), suspension or expiration of licenses, certificate and other permits issued for the advertised goods (works, services) or in connection therewith.

6.3.5. Ensure the accuracy of the information contained in the provided Advertising Materials, and their compliance with other legal requirements, the Agreement for their placement, and these Rules.

6.4. The Customer may:

6.4.1. Make changes to the Advertising Materials placed under the valid Agreements by providing new Advertising Materials in the order stipulated by section 4 hereof.

6.4.2. Be informed on the progress of Service rendering under the Agreement.

6.4.3. Completely or partially refuse from the execution of the concluded Agreement in the cases provided for by these Rules.

7. The Cost of Services and Payment

7.1. The cost of Services under the Agreement shall be specified in the related Offer Acceptance Invoice.

7.2. If the Customer is not recognized as a tax resident of the Russian Federation, the cost of Services under the Agreement shall be determined in US dollars or in the amount in rubles equivalent to the amount in US dollars at the exchange rate of CBR as of the issue date of the Offer Acceptance Invoice. In such cases, the Customer shall pay for the Services in the currency specified in the Offer Acceptance Invoice.

7.3. The Customer shall make an advance payment in the amount of 100% (One hundred percent) of the cost of ordered Services within 5 (Five) calendar days from the issue date of the Offer Acceptance Invoice, unless it specifically provides for a different payment term. In the case of non-payment for the Services under the Offer Acceptance Invoice within the stipulated time frames, the offer to conclude the Agreement under the terms set forth in such Offer Acceptance Invoice shall be deemed null and void.

7.4. The payment under the Agreement shall be made by wire transfer of funds to the Contractor's bank account indicated in the Offer Acceptance Invoice. All payment under the Agreement shall be made in Russian rubles, unless otherwise stipulated in clause 7.2. hereof.

7.5. The Customer shall be deemed to have fulfilled its obligations on payment for the Services upon crediting of funds to the Contractor's bank account in the required amount.

7.6. The Parties do not apply Art. 317.1 of the RF Civil Code to their monetary obligations.

7.7. In case the Customer is not a resident of the Russian Federation:

7.7.1. The Customer undertakes to determine and notify the Contractor in writing, whether the Contractor is to perform any duties in the country of the Customer's residence in relation to the Agreement, and whether it is necessary to withhold, transfer or otherwise pay any taxes, fees and other similar charges (hereinafter referred to as the "Taxes") in the country of the Customer's residence from the amounts payable to the Contractor under the Agreement. The Parties agreed that any remuneration under the Agreement does not include the specified Taxes. In case it is necessary to withhold, transfer or otherwise pay any taxes in the country of the Customer's residence, the specified remuneration shall be increased by the amount of such Taxes.

7.7.2. The Parties agree to provide each other with the necessary information or documentation (for example, a residency certificate or any other similar document) to file an application under the Agreement to reduce or exclude any withholding or deduction required by law from any amounts payable under the Agreement.

7.7.3. For the purposes of this paragraph, the term "Agreement" means any applicable convention or agreement between the Russian Federation and the country of the Customer's residence, including the avoidance of double taxation and prevention of income tax evasion, and any amendments, instructions and protocols to such conventions or agreements and their versions.

8. Delivery of Services

8.1. Depending on the provisions of the Agreement, the Services may be rendered both on a one-off basis (including by stages) and on a regular basis within any certain period of time.

8.2. The Services shall be considered as rendered by the Contractor in full upon expiration of the period for their rendering. If the Services are rendered during more than one Reporting Period, they shall be deemed provided in the relevant part at the end of each Reporting Period.

8.3. Upon provision of the Services under clause 8.2. of these Rules, the Contractor shall issue a primary accounting document (hereinafter referred to as the "Report"). The primary accounting document is prepared in a form approved by the accounting policy of the Contractor as of the date of its preparation.

8.4. The Parties acknowledge and unconditionally agree that the information on the Services rendered under the valid Agreements shall be presented in the Report on the basis of the automated information accounting system of the Contractor or a third party engaged.

8.5. The Contractor shall, within 10 (Ten) business days from the issue date of the Report, send one copy of the Report in hard copy by the Russian Post (Pochta Rossii) or courier service to the Customer at the address specified by the Customer when placing the Order.

8.6. At the same time, the Contractor may send a copy of the Report in an electronic form to the Customer's e-mail address.

8.7. The Customer shall examine the Report in a hard copy within 5 (Five) business days from the date of its delivery.

8.8. In case the Customer fails to provide the Contractor with written objections to the Report within the time limit established for examination of the Report, the Services shall be deemed accepted by the Customer and shall be paid in full. At that, the Report signed by the Contractor is of full legal force. Failure by the Customer to receive the Report in an electronic form or in a hard copy does not exempt the Customer from obligation to pay for the actually rendered Services.

8.9. The procedure for the issuing of an VAT-invoices to the Customer is determined in accordance with the laws of the Russian Federation.

9. Warranties of the Parties

9.1. The Contractor guarantees the elimination of any faults and errors, if any, as soon as possible, when placing the Advertising Materials in the Application.

9.2. The Customer warrants:

9.2.1. The information submitted to the Contractor is true.

9.2.2. All advertised goods (works/services) which are the subject to mandatory certification and/or other mandatory confirmation of compliance with requirements of technical regulations are certified or have confirmed compliance with the requirements of the technical regulations in the prescribed manner.

9.2.3. The Customer has obtained all necessary licenses and other permits of the competent public authorities, or the Customer is not engaged in any activities that require special permits/licenses/certificates in accordance with the RF legislation, and the Customer has performed all other actions required by the RF legislation to be engaged in the advertised activity and/or sale of the advertised goods (works, services).

9.2.4. The Advertising Materials provided by the Customer fully comply with the RF legislation, including the use of the provided Advertising Materials by the Contractor within the framework of obligations under the Agreement does not violate the requirements of the legislation on advertising and competition and does not infringe property and/or moral rights of the third parties, including, inter alia, copyrights and related rights, rights for trademarks, service marks and place of origin, industrial design, rights to use images of people, alive or dead, etc., and the Customer has obtained the necessary permits (entered into relevant agreements).

10. Intellectual Property

10.1. The Contractor transfers (alienates) in full the property rights to the Advertising Materials created by the Contractor to the Customer upon acceptance of the Services as determined by these Rules. As an exception, the Agreement may provide for granting a right to the Customer to use the Advertising Materials under the exclusive license.

10.2. If there are the intellectual activity results of third parties used in the Content, the Contractor shall provide the Customer with the right to use such results to the extent sufficient to apply the Content as indicated from the moment of the Content acceptance.

10.3. The Contractor reserves the right to incorporate the Content into the portfolio and other presentation materials as an example of rendered Services in compliance with the terms of confidentiality under these Rules.

10.4. The Contractor agrees and undertakes to obtain the author's consent for: (1) the use of the Content by the Customer without specifying the author's name at each such use, and under any other name that the Customer may decide to be necessary to apply, (2) making any other changes to the Content.

11. Responsibility of the Parties

11.1. The Parties shall be liable according to the current legislation of the Russian Federation in case of failure to fulfill or improper fulfillment of their obligations under the Agreement.

11.2. If the Services paid by the Customer were provided through the fault of the Contractor in violation of the terms of the Advertising Materials' placement, the Contractor agrees to extend the period of Service rendering for the relevant period of improper fulfillment, unless otherwise agreed by the Parties.

11.3. The Contractor is not liable for the reciprocal performance of obligations as regards the Service rendering in the event of breaching the deadlines for the provision of Advertising Materials or information for their creation as required, delay in payment for the Services, and in other cases of full or partial failure by the Customer to fulfill its obligations under the Agreement, as well as if there are circumstances that explicitly indicate that the obligations will not be fulfilled in due time.

11.4. In any case, the Contractor's liability under the Contract is limited to compensation for actual damage caused to the Customer in an amount not exceeding the paid cost of the Services under the relevant Agreement.

11.5. The Customer is fully responsible for compliance of the Advertising Materials with the legal requirements, including for their content and the legitimacy of using the intellectual property included therein, availability of necessary permits for the production and sale of objects being advertised, receipt of certificates for the goods (works, services) being advertised, or confirmation of their compliance with technical regulations in the established manner, as well as for other actions within the guarantees under these Rules

11.6. Should there be the case that as the breach of warranties by the Customer resulted in the lodging of claims, actions and/or writs by third parties and/or public authorities against the Contractor for the compensation of damages (payment of compensation), or initiation of an administrative offence case, the Customer shall immediately and upon request of the Contractor provide the latter with all the necessary information concerning the subject-matter of the dispute and assist the Contractor in the settlement of such claims, as well as compensate for all the damages (including legal expenses, fines) caused to the Contractor by the lodging, examining and execution of such claims, actions and writs, and bringing to administrative responsibility for violation of the rights of third parties and/or the current legislation as a result of the Service rendering to the Customer.

11.7. Unless otherwise provided for by these Rules or the agreement of the Parties in writing, if the Customer refuses from the Agreement less than 7 (seven) business days prior to the planned start date of Service rendering under such Agreement, the Customer shall pay a penalty to the Contractor at the rate of 50% (Fifty percent) of the cost of the relevant Services.

11.8. If the Customer violates the terms of the Agreement that entailed its early termination, the amount remaining under the Agreement shall be withheld as a penalty for the violations committed.

11.9. The amount of losses and penalties may be deducted by the Contractor from the Customer funds received as payment for the Services under the Agreement.

12. Force Majeure

12.1. The Parties are exempted from liability for partial or full failure to fulfill obligations under the Agreement as a result of force majeure circumstances arisen after its signing, due to extraordinary events which the parties could not reasonably foresee or prevent. Such circumstances include: flood, fire, earthquake, explosion, soil subsidence, epidemic and other natural phenomena, as well as wars or military actions, industrial or regional strikes, the adoption of a regulation by a public or municipal authority that resulted in impossibility to implement the Agreement.

12.2. Upon the occurrence and termination of force majeure events, the Party under the Agreement that fails to execute the obligations shall notify the other Party in writing within 3 (Three) days and confirm such circumstances by a certificate issued by the Chamber of Commerce and Industry or any other competent authority.

12.3. If failing to notify in due time, the Party affected by such circumstances shall not be entitled to refer to the circumstances as the grounds for exemption from liability.

12.4. In the case of force majeure, the term of obligations under the Agreement shall be extended for the duration of such circumstances and their consequences.

12.5. If the circumstances provided for by this clause last for more than three months, the Parties shall agree on the fate of the Agreement. If the Parties fail to agree, the Party affected by force majeure may withdraw from the Agreement by providing a written notice to the other Party.

13. Confidentiality

13.1. The Parties agree to keep confidential all the terms of each Agreement and all information received by one Party from the other Party at the conclusion and execution of such Agreement ("Confidential Information") and do not disclose, inform to public or otherwise provide such information to any third party without the prior written consent of the Party provided such information.

13.2. Each Party will take all necessary measures to protect Confidential Information with at least the same degree of care as applied for protection of its own Confidential Information. Access to the Confidential Information will be provided only to employees of each of the Parties who need to know it to perform its duties for the execution of the Agreement. Each of the Parties shall ensure that such employees undertake the same obligations to protect the Confidential Information, as provided for by these Rules in respect of the Parties.

13.3. The Customer's personal data (if any) are processed by the Contractor in accordance with the Confidentiality Policy.

13.4. The obligation to protect the Confidential Information shall remain in force within the effective period of the Agreement and within 5 (Five) years after its termination, unless otherwise agreed by the Parties.

14. Amendment and Termination of the Agreement

14.1. The Agreement can be amended:

14.1.1. By agreement of the Parties by signing an additional agreement or providing written notices to each other.

14.1.2. Upon the initiative of the Contractor, if it is expressly provided for by these Rules, by notifying the Customer about upcoming changes at least 15 (Fifteen) days prior to the date of their entry into force. In the case of disagreement with the proposed changes, the Customer may withdraw from the Agreement by notifying the Contractor in a manner specified in clause 14.2.3. hereof.

14.2. The Agreement can be terminated prematurely:

14.2.1. By agreement of the Parties by signing an additional agreement or providing written notices to each other.

14.2.2. Upon the initiative of the Contractor, by a unilateral refusal from the Agreement implementation, in whole or in part, if the Customer violates its obligations or warranties under these Rules and/or the Agreement. The notice on unilateral refusal the Agreement shall be send to the Customer in writing within 3 (Three) days prior to the intended date of termination. At that, the Customer shall compensate the Contractor for the documented losses resulted from such termination of the Agreement.

14.2.3. Upon the initiative of any Party and by unilateral refusal to implement the Agreement in full or in part, subject to notifying the other Party in writing at least 7 (Seven) days prior to the intended date of the Agreement termination. At that, the Customer shall pay for the Services rendered until the date of the termination, and the Contractor shall return to the Customer the amount paid an advance in excess of the cost of Services actually rendered by the Contractor as of the date of termination less any possible losses and penalties.

14.2.4. On other reasons stipulated by the applicable legislation and these Rules.

14.3. The Parties shall make the financial settlement no later than 5 (Five) bank days from the date of the relevant Agreement termination.

14.4. Partial refusal to execute the Agreement may be in a form of refusal from some Services under the Agreement.

14.5. In the case of unilateral refusal from the Agreement, it shall be deemed terminated in full or in the relevant part upon the expiration of the time frames for the provision of the relevant notice. In the case of the violation of the terms of payment for the Services or untimely provision of the Advertising Materials, there is no need to notify the Customer of partial refusal of the Contractor from the relevant Agreement.

15. Effective Period, Amendment and Termination of the Rules

15.1. The Rules shall become effective upon their posting at the Website and remain in force until revoked.

15.2. The Rules can be amended and/or revoked at any time. Information on amendment or revocation of the Rules shall be notified to the Customer by the Contractor on its own discretion by posting it at the Website, or by sending the relevant notice to the e-mail address specified by the Customer at the signing of the Agreement or during its execution.

15.3. Should the Rules are revoked or amended, such amendments or revocation become effective upon notification of the Customer thereof, unless any other term of their entry into force is determined by the Rules or additionally in the notice concerned.

15.4. The relations of the Parties under the Agreement are governed by the Rules valid at the time of concluding the Agreement.

15.5. The documents mandatory for the Parties, as mentioned in the Rules, shall be approved, supplemented and amended by the Contractor at its own discretion with further notification thereof by the Contractor to the Customer in a manner provided for the notifying of the Customer about amendments to the Rules.

15.6. Obligations of the Parties under the Agreement that continue to act due to their nature (including, inter alia, obligations on the guarantees, confidentiality, mutual settlements) shall remain in force after the expiry of the Agreement until they are fulfilled in full.

16. Final Provisions

16.1. The Agreement, its conclusion and execution shall be governed by the current legislation of the Russian Federation. All issues failed to be covered by the Rules or those partially settled shall be governed by the substantive law of the Russian Federation.

16.2. Disputes under the Rules and/or the Agreement shall be settled in the course of pre-court dispute settlement procedure. If the Parties fail to reach agreement, disputes shall be considered in court at the location of the Contractor.

16.3. The Parties may use facsimile reproduction of a signature or a simple digital signature when concluding the Agreement, invoicing, and sending notices under the Agreement.

16.4. Documents can be exchanged between the Parties by e-mail. At that, the documents transferred in accordance with the Rules shall have full legal effect, provided that there is confirmation of their delivery to the recipient.

16.5. When using e-mail by the Parties, an e-document sent thereby is considered to be signed by a simple digital signature of the sender, which is formed by using the sender's e-mail address.

16.6. By agreement of the Parties, e-documents signed by a simple digital signature shall be equivalent to the documents in hard copy affixed by a handwritten signature.

16.7. By the e-mail address used, the recipient of an e-document determines a person signed the document.

16.8. Otherwise, the procedure for the use of a simple digital signature by the Parties shall be governed by the User Agreement.

16.9. Any notices and documents under the Agreement, unless otherwise stipulated by the Rules, may be sent by one Party to the other Party:

  • by e-mail a) to the Customer's e-mail address specified when placing the Order, from the Contractor's e-mail address specified in section 17 hereof if the Customer is a recipient, and b) to the Contractor's e-mail address specified in section 17 hereof, from the Customer's e-mail address indicated when placing the Order;

  • by post with return receipt requested or by a courier service with confirmation of delivery.

16.10. In case one or more provisions of the Rules or the Agreement are invalid or illegal for any reason, such invalidity does not affect the validity of any other provision of the Rules or the Agreement that remain in force.

17. The Contractor's Details

Full name: Limited Liability Company "Habr"

Abbreviated name: Habr LLC

Primary State Registration Number: 5067746892769

Russian National Classifier of Businesses and Organizations: 97293641

Taxpayer Identification Number: 7705756279

Tax Registration Reason Code: 770101001

Bank: Kursk Branch of JSB "ABSOLUT BANK" JSC, Moscow

Set.acc.: 40702810922000006014

Correspondent account: 30101810500000000976

BIC: 044525976

Legal address: 105082, Moscow, Spartakovsky per., 2, bldg. 1

Mailing address: 105082, Moscow, Spartakovsky per., 2, bldg. 1, section 3, Habr LLC

Phone: +7 (499) 653-59-61

E-mail: adv@tmtm.ru

Valid version of the Rules dated August 09, 2018