Language:
English

Contract - Offer

Moscow, 2010.

CJSC «QSoft»,represented by Director General Tokovinin MA, acting under the Charter, hereinafter referred to «CONTRACTOR», on the one hand, publishes these Terms, is a public offer (proposal) to provide services and / or provide access to the Service (website) on the Internet and other related services.


1. TERMS AND DEFINITIONS

For purposes of this Agreement, the offer below terms used in the following meanings:

  • Service — One of the sites located on the Internet at the following addresses my.qtrack.ru, qcrm.ru, as well as any sites in the domain zone *. qtrack.ru or *. qcrm.ru (where * - any name)
  • Client (Client) — physical and / or legal entity accepting this offer and / or enjoying the Service.
  • Prices — valid systematic list of services shall be the prices published on the Internet at the following addresses: http://qtrack.ru/price/ and http://www.qcrm.ru/price/
  • The service — to connect a specified period of additional features of the Service, in accordance with the Price list and conditions of this offer
  • Authentication data — a unique username (login) and password (password) client used to access the Service. As login using the email address specified by the Customer when registering for the Service
  • Authorization — the process of analysis on the NIC entered by the client authentication data, would determine the availability of the Client the right to receive the Service.
  • Credentials — e-mail client, password, name and surname

2. GENERAL PROVISIONS

2.1. These terms and conditions in accordance with Art. 435, 437 of the Civil Code of Russia is a public offer (proposal) NIC to the physical and legal persons, which contains the essential terms of the contract for the provision of services and use of the Service.

2.2. Full and unconditional acceptance of this offer is any action to implement these in the offer terms, including payment for services, registration as a Customer Service site, as well as other actions, confirming the intention of the person to use the Service and / or Services.

2.3. Since the commission of customer acceptance is considered read and agree with this offer and in accordance with the Civil Code is entered with the Contractor in the contractual relationship in accordance with these Terms.

2.4. Duties of the Contractor are limited to the terms of this offer, in particular, the duties of the Contractor does not include the provision of services to the Client for providing access to the Internet. Access to the Internet client provides its own expense on their own. Also, the Executive does not provide a sending / receiving electronic messages by the Client in the office of the Contractor; settings and / or diagnosis of computer hardware and software, and training of the Client and / or employees of the Client skills with software and hardware.

2.5. Services are provided under the conditions specified in the document "Contract-offer" (this document) posted freely available on the Internet at www.qtrack.ru/oferta/ and www.qcrm.ru/oferta/

2.6. Contractor has the right to amend or supplement these Terms at any time as notifying the customers, and without him. The current edition is always at the Contractor's site at the following addresses and www.qtrack.ru/oferta/ www.qcrm.ru/oferta/


3. COST OF SERVICES AND PAYMENTS

3.1. Cost of services is determined in accordance with the price list

3.2. Contractor may at any time to unilaterally change the price list.

3.3. Services are paid by the Client on a prepayment basis, with the method of payment for services is determined by the Customer of the number of options proposed site Service

3.4. The date of the provision of Services by the date of connection (extension) for a specified period of additional functionality of Service


4. ORDER OF SERVICE

4.1. Contractor shall provide the Client for the duration of the contract is not exclusive, non-transferable or alienated in any form, has a limited term of the right of access to the Service solely for the business customer, provided that these do not include delivery of the Service in rent.

4.2. Client access to the service provided by the Internet by entering the client authentication data at the Service

4.3. Provision of services is carried out after making money at the expense of the Contractor.

4.4. Upon the expiration of the period for which was carried out to connect additional features of the Service, Artist disables additional functionality to the Service.

4.5. The reporting period of service is established in the Price-list

4.6. Acceptance of services is made in the following order:

4.6.1. Within five working days from the time of delivery (to connect for a specified period of additional features of the Service, in accordance with the price list and conditions of this offer) Artist creates a unilateral act on the services rendered in accordance with the cost of services rendered.

4.6.2. Services are NIC properly and accepted by the Client in the amount specified in the Act if, within five working days from the date of the Act the Executive has not received from the Client motivated written objections.

by the date stated above (five days), Customer's claims about the shortcomings of the Services, including the amount (volume), cost and quality are not accepted.

4.7. Expenses, including the banking committee, to transfer client funds under this Agreement are assigned to the Customer.


5. RULES OF USE OF SERVICE

5.1. Registration service provided by the Customer by the instructions of their credentials. The elements of customer identification in the Service are e-mail address and password, specified at registration (credentials).

5.2. E-mail address and password used by the Client to access the Service, the Contractor is not restored. Password recovery by the Client itself.

5.4. Customer is responsible for the acts and / or omissions that led to the disclosure, loss, theft, etc. his credentials and other information identifying the client, as well as for any action and / or omissions of third parties using credentials of the client. The Contractor shall not be liable for the above actions of the Client and / or third parties using its credentials.

5.5. When using the Service prohibits any action aimed at gaining unauthorized access to resources NIC, personal accounts and other data from other clients as well as any other data available via the Internet.

5.6. When you use the Service to Customer is prohibited to carry out a mass e-mailing of commercial advertising and otherwise, agreed (not requested) the recipient of the information by email or in groups through teleconferences and technical resources the Contractor ("spam"). Not regarded as "spam" mailing information with the consent of the recipient, if possible unsubscribe. By means of electronic messages e-mail, ICQ and other similar means of information exchange.

5.7. Never sending "spam" through the resources, not owned by the Contractor, in that case, if the message given coordinates (website address, email, etc.), supported by the NIC.

5.8.1. The service should be carried out by the Client only for lawful purposes and lawful means taking into account the legislation of Russia, the European Union and the United States.

5.8.2. The contents of information nodes, created and supported by the Customer shall be responsible directly to the client. Contractor shall not exercise prior control over the content posted and / or distributed by the Customer Information, however, when the distribution and dissemination of such information is contrary to law, the Contractor shall have the right to block or remove the appropriate resources without warning (in case of serious violations).

5.8.3. Are prohibited from posting and distribution of photo and video pornographic, vulgar, violent, and any material in violation of copyright or law, in particular, calls for violence, overthrow the existing regime, discrimination based on gender, race, religion, nationality and so on n.

5.8.4. Are prohibited from posting and dissemination of any information or software which may be used only for hacking computer systems or contains software viruses or other components equal to them.

5.8.5. DO NOT place the so-called "doorway pages" and other forms of search spam.

5.8.6. Customer agrees not to cause damage to the shell program, technical and software tools, units of the machine NIC and third parties.

5.8.7. Customer agrees to comply with copyright for performers and and / or third party software and documentation.


6. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR

6.1. Contractor undertakes:

6.1.1. To provide the Service, in accordance with these Terms, around the clock 7 days a week, including weekends and public holidays (service must be available for at least 90% of the time in a month), except as expressly provided in this Agreement.

6.1.2. Keep a record of payment by the Client Services.

6.1.3. Maintain confidentiality of client credentials. The perpetrator has access to client information to technical support of the Service, and also has the right to access such information in cases of receiving claims from third parties, relating to illegal and / or malicious, as well as other actions of the Client that is harmful to the Contractor and / or third persons. Contractor may provide the above data only to the competent state bodies in cases stipulated by current legislation of Russia.

Backup Client in order to prevent loss of information does not violate the confidentiality of client information.


6.2. Contractor shall be entitled:

6.2.1. Suspend the Service to carry out the necessary routine preventive maintenance and repair work on the technical resources of the Contractor, as well as unscheduled work in emergency situations.

6.2.2. Interrupt the work of the Service if it is in particular due to the inability to use the information transport channels other than the Contractor's own resources, or the action and / or omissions of third parties, unless it directly affects the operation of the Service, including in an emergency. The Contractor shall not bear any responsibility to the Client and will not reimburse the Customer any loss and / or lost profits, including suffered by the Client and / or third party for disclosure, loss or theft of the Customer the Client credential, and have arisen or may arise from the Customer in connection with delays, outages and the inability to make full use of resources and services of the Contractor, arising from the above reasons .

6.2.3. Make changes and additions to these Conditions and Prices by posting those changes and additions to the service site.

6.2.5. Contractor shall have the right to upd ate the content, functionality and user interface service at any time in its sole discretion.

6.2.6. Upon the expiration of one (1) calendar month from the date of dissolution or termination of the Contract, the Contractor shall have the right to delete all customer data from the Service without the possibility of recovery and be released from any liabilities associated with customer data.

6.2.7. Contractor shall be entitled to invoke the Client as a user of the Service and / or services in any form or on any media (including on site Service and any other websites and / or promotional materials NIC).


7. RESPONSIBILITIES OF THE PARTIES

7.1. On all matters not regulated by this offer, as well as the se ttlement of disputes arising in the course of its execution, shall be governed by current legislation of Russia.

7.2. Customer is responsible for any of their actions and / or omissions, both intentional and unintentional, nor for any actions or omissions of persons using its credentials associated with the placement and / or dissemination of information on the Internet, obtained through the use Resources Contractor access to the resources of third parties that have caused and / or may lead to a violation of any laws of Russia, the European Union or the United States, as well as for any damage caused by the above-mentioned actions and / or omissions of the Contractor to third parties, and the moral fabric of society. The Contractor shall not be liable for such actions and / or omissions of Customer or persons using his credentials, as well as the consequences of such actions and / or omissions.

7.3. Customer is responsible for any wrongdoing and / or omissions of the Client and / or persons using its credentials, which have involved the infliction of any harm to the Contractor, including loss of business reputation, and fully compensate losses.

7.4. Contractor shall be liable to the Client only to the extent paid, but not for services rendered. Contractor shall not be liable to the Customer's financial responsibility and not return to the Customer paid for this contract funds, if the services were provided through the fault of the Client, in particular, due to violation of these Terms.

7.5. If the proper performance of the parties to the present conditions it is impossible for objective reasons, which the Parties could not foresee or prevent (natural disasters, changing the current legislation of Russia, the actions of organs of state power and control, hostilities of all kinds, etc.) neither party has no right to demand compensation from the other party caused by the improper performance or failure of this contract damages (including lost profits).


8. TERMINATION

8.1 This Agreement may be terminated by:

8.1.1 Client at any time with prior notice to the Contractor not less than 10 (ten) working days before the date of termination;

8.1.2 Contractor at any time with prior notice to the Customer not less than 10 (ten) working days before the date of termination;

8.1.3 by agreement of the Parties at any time;

8.1.4 At the initiative of any of the Parties in case of violation of other contractual terms and conditions with a written notice to the other Party not less than 10 (ten) working days prior to the termination of this Agreement;


9. OTHER CONDITIONS

9.1. Contractor may, if necessary engage to provide services and maintenance of the Service by third parties that have licensed.

9.2. Name and numbering of the articles of this offer are for convenience of reading and have no meaning in the interpretation of these Terms.

9.3. If any provision of these Terms will not be subject to literal enforcement, it is interpreted in accordance with RF legislation with respect to initial interests of the Parties, with the remainder of the Terms will continue to operate fully.

9.4. In the event that the Client was the reason for presentation to the Contractor claims, claims by third parties and / or regulations in the payment of fines by the government in connection with violation of the rights of third parties and / or legislation, Customer will promptly upon request the Contractor to provide all the requested information regarding the location and content of the materials used in the Service, to facilitate the Contractor in resolving these claims and lawsuits, as well as to compensate all losses caused by the Contractor as a result of the presentation to him of such claims, prescriptions.

9.5. All the disputes are solved in the Moscow Arbitration Court.



ARTIST

Closed Joint Stock Company "KyuSoft»

Legal address: 125080, Moscow, faculty lane. , 3;

Actual address: 125493 Moscow, Ul. Vanguard, 3

r / c № 40702 810 3 3804 0116102 in the Tver branch № 7982 Sberbank of Russia »

Cor. account number 30101 810 4 0000 0000225

FT: 0445 25 225

TIN: 7743640740 / PPC: 774301001

General Manager - Michael A. Tokovinin