«Bazis-Center+» JSC hereinafter referred to as «Rightholder», publishes this Agreement that is a Public offer, hereinafter referred to as the Agreement, on the use of digital content and services order system available at https://cloud.bazissoft.ru/ (hereinafter referred to as the System).
1. General provisions1.1. According to article 437 of the Civil Code of the Russian Federation this agreement is a public offer and if the conditions set below are accepted, the individual/ representative of the legal entity accepting this offer complies with the established requirements for using the Service in accordance with the terms of this Agreement. In case of violation, liability is incurred under the General rules of Chapter 25 of the Civil Code of the Russian Federation.
On the basis of the above, please read carefully the text of this Agreement of the public offer, and if you do not agree with any point of this offer, you are asked to refuse to register and use the System Services.
2. Terms and definitions of the AgreementOffer — an offer of the Rightholder, addressed to any legal entity or individual to conclude an Agreement on the procedure for using the system of digital services and content order, as well as for the Payment in advance method while using (orders making) the System.
User (user of the System) — an individual/legal entity that has concluded an Agreement with the Rightholder on the terms and conditions contained in the Offer.
Acceptance — full and unconditional acceptance by the User of the terms of the Offer, made in accordance with the procedure provided in section 5 of this Agreement.
Personal Account — personal section (interface) of the User in the System that allows (subject to automatic authorization) to place/view/change information required for orders placing and executing for goods, works (services), rights offered in the System, view the order history, subscribe/unsubscribe to mailings and change their parameters.
3. The subject of the agreement3.1. The Rightholder provides the Users with the ability to order digital content, services, products, and rights located in the system catalogue.
3.2. Payment is made using the «Payment in advance» service. Payment in advance service means depositing (transfer) the funds (advances) by the User to the Rightholder and/or authorized agents of the Rightholder to pay for the future and/or already completed orders in the System.
3.3. Any violation by the User of the rules for using Payment in advance service entails civil, administrative and/or criminal liability for violators in accordance with the procedure established by the current legislation of the Russian Federation.
4. Rules of the User account depositing (using «payment in advance» service)4.1. The Rightholder has the right:
4.1.1. Credit advances made in full or in part to pay for the made/future orders of the User in the System without User additional permission, notifying the User about it through the Personal Account.
4.1.2. Refund the User in full or in part the amount of the deposited (paid) advance at any time unilaterally.
4.1.3. Terminate (suspend) the provision of «Payment in advance» service at any time unilaterally.
4.1.4. Consider any orders placed in the System, including orders placed by third parties as the User orders and apply the general rules of the «Payment in advance» service to them (including section 4.1.1 of this Agreement), if these orders are placed after automatic authorization using the User login and password.
4.1.5. Provide the User with additional discounts (or offer for future discounts) for goods, works (services), rights, and credit unilaterally in full or in part the User payments for the payment of the corresponding orders as payments in advance made in accordance with section 4.2.1 of this Agreement, notifying the User through the Personal account or otherwise.
4.2. The User has the right:
4.2.1. Transfer the funds to the Rightholder himself or with the help of authorized third parties (or initiate corresponding transactions in electronic or card payment systems) to pay for the future and/or already completed orders in the System (make advances), while indicating the unique number of the personal analytical account for User advances in the System accounting.
4.2.2. Get information about the current status of his personal analytical account for advances in the System accounting.
4.2.3. Send orders himself or with the help of authorized third parties for the offset of the advances made in full or in part to pay for the completed/future orders of the User in the System.
4.2.4. Grant the right to work in the System and in his Personal account to authorized third parties, provided that the User is fully and jointly responsible for the actions of third parties under this Agreement.
4.3. The User must:
4.3.1. Provide confidential storage and avoid compromising his personal authorization data (login, password) used for User identification and authorization when accessing the System services and the Personal account.
4.3.2. Immediately notify the Rightholder in case of loss or reasonable suspicion of violation of confidentiality (compromise) of his personal authorization data (login, password) used to identify and authorize the User when accessing the System services and the Personal account.
4.4. General provisions of the Rules for funds depositing to the user account
4.4.1. When depositing the funds to the User account, the User agrees to the Rules for funds depositing to the User account (hereinafter referred to as the Rules) set out below.
4.4.2. In accordance with the Rules, the User deposits the funds to the Rightholder to replenish the User account for further use as payment for goods, services, and the Rightholder rights when making the corresponding requests in the System.
4.4.3. The funds transferred by the User to the Rightholder in accordance with these Rules are considered as payments in advance made by the User for future agreements between the User and the Rightholder regarding the User purchase of goods, services, and Rightholder rights.
4.4.4. The User replenishment of the User account in accordance with the Rules is not a confirmation of purchase agreement conclusion or services provision between the User and the Rightholder and does not entail the Rightholder obligation to provide the services to the User.
4.4.5. The Rightholder reserves the right to make changes to these Rules, and therefore, the User undertakes to regularly monitor changes in the Rules on his own.
4.5. Methods and procedure of funds depositing to the User account
4.5.1. To deposit the User account, the User must register in the System.
4.5.2. The Rightholder is not responsible for the accuracy and completeness of the information provided by the User during registration.
4.5.3. To replenish the User account, the User must go to the «Payment» section and select any of the suggested methods of User account replenishment: payment by bank card and other methods available at the time of payment.
4.5.4. If the User chooses the «Certificate» payment method, the necessary account, balance, number of orders, unlimited connections, etc. are activated, depending on what was set during the Certificate creating. The Rightholder does not return or restore the funds, bonuses, unlimited connections, etc., as well as other activated services received when activating the Certificate.
4.5.6. If the User chooses the payment method «Bank card», the payment amount must not be less than 20 (twenty) rubles. In accordance with the regulation of the Central Bank of the Russian Federation" on the issue of «Bank cards and operations performed using payment cards» dated 24.12.2004 № 266-П, operations on bank cards are performed by the cardholder or an authorized person. Bank card transactions are authorized by the bank. If the bank has reason to suspect that the transaction is fraudulent, the bank has the right to refuse to perform this operation.
4.5.7. When replenishing the User account, bonuses are automatically added according to the calculation:
https://baz-plus.ru/doc/offer/pointscloud. Bonuses are stored in a separate Bonus account. Bonuses cannot be converted to cash in the User account. The Rightholder has the right to change the rules of bonuses calculation and the bonus account without the User notification.
4.6. Procedure for Using User Account Funds.
4.6.1. The Owner shall not be liable for any goods, services, requests, or rights of the Owner paid for by the User and placed in the System in terms of their content, relevance, or fitness for the User's use.
4.6.2. Funds from the User Account may be used by the User to pay for services, goods, and features provided in the System.
4.6.3. Procedure for purchasing and using the "Order Synchronization" and "Order Processing" services.
4.6.3.1. To purchase the service, go to the "Tariffs" section and click the "Buy" link in the block with the desired tariff.
4.6.3.2. If a specific number of orders is purchased (Limited tariff), the remaining number of orders available for synchronization is displayed in the "Service List" section.
4.6.3.3. In the case of a Limited tariff, the number of orders available for opening means the number of orders that can be accessed.
4.6.3.4. If the number of orders available for opening equals zero, the orders are saved in the System and will become accessible after purchasing a specific number of orders (Limited tariff) or after purchasing the Unlimited tariff.
4.6.3.5. When the Unlimited tariff is purchased, an unlimited number of orders are available until the date shown in the "Service List" section.
4.6.3.6. When the Unlimited tariff is purchased, the balance of available order synchronizations in units is not deducted until the expiration date in the "Service List" section.
4.6.4. Procedure for purchasing and using the "Salon Data Update" and "WebViewer" services.
4.6.4.1. To purchase the service, go to the "Tariffs" section and click the "Buy" link in the block with the desired tariff.
4.6.4.2. If access is granted up to a certain volume, the remaining storage in megabytes is shown in the "Service List" section.
4.6.5. The Owner sets a term during which the User's funds are reflected in the User Account and may be used to pay for the Owner's goods and services. This term is 180 days from the last use of funds from the User Account. After the specified period, the User will receive a notice to the email address provided in the registration data, indicating the need to use the funds by a given deadline. If the funds are not used by that deadline, the Owner reserves the right to unilaterally deduct the remaining funds from the User Account.
4.6.6. When purchasing a service tariff, funds are first deducted from the User Account and then from the Bonus Account, at a conversion rate of 1 bonus = 1 ruble.
4.6.7. In the "Balance/Purchase History" section, the tariff can be paused, if technically possible. In this case, unused service time is recalculated and the remaining value is returned to the Bonus Account in the form of bonuses.
4.7. Procedure for refunding funds from the User Account.
4.7.1. Funds reflected in the User Account may be returned to the person from whom the Owner received them, using the same method the User Account was funded. Refunds are made within 10 days from the moment the Owner receives a request from the User via email or support services listed in the "Contacts" section, unless a shorter period is provided by Russian law. If additional verification is required, the Owner may also request a written refund application and a copy of an identity document from the User.
4.7.2. A refund may be issued at the User’s request for unused advance payments with the User’s consent by one of the following methods:
(a) in cash at the Owner’s location;
(b) by postal transfer;
(c) by transferring the corresponding amount to a bank or other account specified by the User.
4.8. Limitation of Liability.
4.8.1. The Owner shall not be liable for crediting funds to the User Account in the event of a violation of the Rules by the User, including but not limited to incorrect completion of payment documents or incorrect payment details.
4.8.2. The Owner shall not be liable for the security of the User Account if the User breaches the Rules.
4.8.3. Under no circumstances shall the Owner compensate the User or any third parties for lost profits.
4.8.4. The Owner shall not be liable for the technical ability to use services on the User’s equipment.
5. Offer acceptance5.1. This offer is considered accepted by the User if any one or more of the following conditions are met:
5.1.1. Selection (activation, mark) by the User of the section «I accept the offer agreement» while working with applications (interfaces) of the System and/or Personal account and clicking the button (interface visual element) «Next», «Save», «OK», «Register», «Buy» means the User unconditional consent to the terms of this Agreement.
5.1.2. The fact that the User uses any services offered by the Rightholder as part of the additional option (services) «Payment in advance» on the basis of this Agreement, means the User unconditional consent to the terms of this Agreement.
5.1.3. The funds transfer by the User or other authorized third parties (or the initiation of corresponding transactions in electronic or card payment systems) to pay for future and/or completed orders in the System (advances making) with simultaneous indication of the unique number of personal analytical account for User advances accounting in the System means the User unconditional consent to the terms of this Agreement.
6. Privacy policy6.1. When registering in the System, as well as when filling in any forms containing necessary information (registration data), the user undertakes to provide reliable information, and when changing such information — to make all the necessary amendments to their registration data.
6.2. The Rightholder has a right to use the User-supplied registration data for registration of the User rights (or third party authorized the User) to intellectual property objects, services and to ensure delivery of orders and accounting, and also for the purpose of informing the User about orders execution (registration of rights), status of analytical account for User advances accounting, User capability to receive the services and generate orders in the System. In particular, the specified data may be transferred to any third parties (agents and partners of the Rightholder) for these functions implementation.
6.3. User registration data is not provided to third parties for the purpose of advertising their products and services.
6.4. By accepting and agreeing with this Agreement, the User confirms the legal capacity and consents to the processing of his personal data, including for the purpose of goods and services promotion by the Rightholder.
6.5. If the User does not want his personal data to be processed, he should contact via the Feedback form in the System. In this case, all information received from the User (including login and password) is deleted from the Rightholder database, and the User will not be able to place Orders in the System.
6.6. It is not considered a violation for the Rightholder to provide information to third parties acting on the basis of the agreement with the Rightholder to fulfill the obligations to the User to process incoming User funds and User account replenishing.
6.6.1. Information disclosure in accordance with reasonable and applicable legal requirements is not considered a violation of obligations.
6.6.2. It is not considered a violation for the Rightholder to provide information to third parties acting on the basis of the agreement with the Rightholder to fulfill the obligations to the User to process incoming User funds and User account replenishing.
6.6.3. Information disclosure in accordance with reasonable and applicable legal requirements is not considered a violation of obligations.
6.6.4. The Rightholder has the right to use the «cookies» technology. «Cookies» do not contain confidential information and are not transmitted to third parties.
6.7. The Rightholder receives the information about User IP address https://cloud.bazissoft.ru. This information is not used for user personal identification.
6.8. The Rightholder is not responsible for the information provided by the User in the System in accessible form.
6.9. As part of the services provided in the System, the User data: User orders data, User’s customers data, User’s material databases — are not provided to third parties by the Rightholder, except in cases when the Rightholder provides the declared functionality of the System’s services.
7. Termination/restriction of access to the System7.1. If the User performs actions that the Rightholder reasonably considers to violate the rules and regulations of the System use or Rightholder services, the Rightholder reserves the right to terminate the User access to the System as a whole or to any part of it without prior notification.
7.2. The Rightholder has the right to introduce certain filtration or blocking of the address space without any notification and terminate the User access to certain fragments, objects, information resources and services of the System (addresses, networks, servers, teleconferences, mailing lists, etc.).
7.3. Access restriction is applied only to addressing (accessibility) and does not mean a violation of User information privacy.
8. Additional terms and conditions8.1. The Owner guarantees the operation of the Service only with the latest release of the latest version of the BAZIS system modules installed on the User's computer.
8.2. The Owner, at their sole discretion, has the right to create, modify, or cancel the Rules of Use of the System, the procedure for providing services, and rights within the System.
8.3. The User is obliged not to disrupt the operability of the System by posting information containing viruses, creating additional load on the server, using programs not provided by the functional content of the information resource, or by other means.
8.4. This Agreement comes into effect from the moment the User authorizes in the System and is valid for an indefinite period.
8.5. When performing financial recalculations, cents on the User's account are rounded up to the nearest ruble.
9. Final provisions9.1. This Agreement — Public offer is an official document of the Rightholder. All appendixes and additions to this Agreement are an integral part of.
9.2. The text and terms of this Agreement may be changed at any time by the Rightholder unilaterally without special prior and subsequent notification of both registered and unregistered Users. Changes to the terms are made in the order of new version of the Offer publication, which comes into force after the User has read it and according to the order provided in the new version.
9.3. In case of any disputes arising in connection with this Agreement, the Rightholder and the User will take all measures to resolve them through negotiations in the claim procedure. The response period to the claim is 10 (ten) business days from the date of its receipt by the Respondent.
9.4. If it is impossible to settle the claims through negotiations, these controversies are subject to settlement in accordance with the current legislation of the Russian Federation in arbitration at the location of the Rightholder.