Agreement (offer)

Agreement (offer)

Russian Federation, Moscow "__" _____ 2020

Parties to the contract (offer):

Limited Liability Company "RTD" (LLC "RTD"),
Legal address: 123022, Russian Federation, Moscow, Zvenigorodskoe highway, 7, apt. 68,
Correspondence address: 123022, Russian Federation, Moscow, Zvenigorodskoe highway, 7, apt. 68,
OGRN1167746873315,
TIN 7703416781,
KPP 770301001,
Current account 40702810500000166773 in JSC "RAIFFEISENBANK"
BIK 044525700
Correspondent account 30101810200000000700
email address: documents@rtedc.org
phone number: +7 916 385 05 03
represented by the General Director Zavarzina Oksana Borisovna, acting on the basis of the Charter.

hereinafter referred to as the "Company"

hereinafter referred to as "Seller"

with a joint mention of the "Party", with a separate mention - "Party".

1. Have agreed on the following:

Terms and Definitions

Unless otherwise follows from the context, the terms and definitions used in the Agreement have the following meanings:
"Agreement (offer)" means this agreement.
"Products" means the goods offered by the Seller.
"Seller" means a person who has entered into this Agreement with the Company.
“Company” means Limited Liability Company “RTD” (LLC “RTD”) (TIN 7703416781).
"Parties" means the Seller and the Company, referred to together.
1.1. The remuneration of the Company - according to the selected tariff plan (Appendix No. 1 to the Agreement (offer).
1.2. This agreement (offer) is a public offer and is considered legally valid without a paper version. The agreement (offer) and tariff plans are available on the website ation: underline "> www.incomarkt.com. The agreement (offer) enters into force after the Seller accepts the conditions for the provision of services under this Agreement (offer), chooses a tariff plan and completes the registration of the Seller's personal account on the website www.incomarkt.com. The Agreement is considered concluded from the moment of receipt of a scanned copy of this Agreement (offer) signed by the Seller with Appendix No. 1 to the Company's e-mail address documents@rtedc.org , which does not exclude the possibility of signing the Agreement (offer) by an authorized person in hard copy.
1.3. The data on orders from end consumers posted in the "Seller's personal account" are the Company's report on the work done.
1.4. The use of facsimile reproduction of the signature and seal by means of mechanical or other copying, electronic digital signature and seal or other analogue of a handwritten signature in the primary accounting documentation relating to this agreement is legally binding.
1.5. This Agreement (offer) is governed by and subject to interpretation in accordance with the legislation of the Russian Federation. In the event of disputes or disagreements between the parties to the Agreement (offer), the legislation of the Russian Federation shall be applied. The place of execution of the Agreement (offer) is the location (legal address) of the Company.

2. Obligations of the Seller.

2.1. Product information.
2.1.1. The information provided by the Seller for use on the website www.incomarkt.com must include the necessary and reliable information about the products offered by the Seller for sale through the website www.incomarkt.com . Product information should contain the following information (the list is not complete and is generalized):
-description of products;
-Photo of products;
-the area of application of the product;
-the presence of an age qualification when using this product (if necessary);
-composition of products;
-information about the technical characteristics of products;
- overall dimensions of the product (if possible to indicate) / overall dimensions of the package;
-article of products (if any);
- weight in primary packaging (net);
- manufacturer, trade mark (brand);
-price (includes all taxes levied, including VAT, sales tax and other existing state, government, provincial, regional, municipal or local taxes and fees, duties and deductions ("Taxes");
-information about the availability of products from the Seller;y: "Times New Roman", serif ">
- the terms of payment for the Seller's products;
- conditions and terms of delivery of products by the Seller, including the cost of the rendered delivery services, including "Taxes";
- other information at the request of the Seller.
Information about the Products should not include the Seller's contact information (telephone or fax numbers, email (including Skype) addresses or social media websites with direct links to the Products or the Seller's websites, applications, including third parties, other contact information). The Company has the right to block information about products in the presence of incomplete, inaccurate, incorrect, violating the terms of this Agreement, information on products posted by the Seller on the website www.incomarkt.com .
2.1.2. The Seller confirms and guarantees that the information about the Seller and the Seller's products sold through the website www.incomarkt.com is always correct, accurate and reliable. The seller is responsible for providing correct and up-to-date product information. The seller must update the product information as necessary.
2.1.3. The seller provides information about products in Russian and English. The company has the right to translate texts containing information about products into other languages for posting on the website www.incomarkt.com . Translations made by the Company, the Seller is not entitled to use in relation to their products for advertising purposes on other sites, in advertising distributed through printed materials, newspapers, magazines and other periodicals.
2.1.4. All changes, updates and / or corrections to product information must be made directly by the Seller through the "Seller's personal account". Changes to descriptions and photographs will be processed by the Company as soon as reasonably possible, not exceeding __ calendar days.
2.1.5. When concluding an agreement with the end consumer through the Company's website, the Seller undertakes to carry out further interaction (trade, provision of services and similar actions) with the end user exclusively through the Company's website.
2.1.6. All subsequent interactions between the Seller and the end consumer, made within at least 5 years from the moment of the first transaction made through the Company's website, which the Seller, including the similar actions of his affiliates known to the Seller, will allow with a specific end user, bypassing the Company's website, are considered implemented under the terms of this Agreement, including Section 4 of this Agreement.
2.2. The seller is obliged to pay the remuneration to the Company, in accordance with the terms of payment of the remuneration specified in section 5 of this Agreement (offer).

3. Obligations of the Company.

3.1. The company is obliged to provide an opportunity to post information about the Seller's products on the website www.incomarkt.com.

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4.1. For each order of the Seller's products made by the end consumer, the Seller undertakes to pay the Company a fee calculated in accordance with clauses 4.2, 4.4 of this Agreement (offer). Payment must be made in accordance with clause 4.5 of this Agreement (offer).
4.2. The aggregate remuneration of the Company is calculated in accordance with the selected tariff plan.
4.3. If, at the request of the applicable legislation of the Russian Federation, the rules of other binding regulatory legal acts of the Russian Federation, the prices must contain additional "Taxes", then the Seller undertakes to change the prices for products as soon as possible, but in any case within 5 working days after the change or the entry into force of the applicable law, rules and regulations applicable to this product or receipt of a corresponding notification from the Company.
4.4. The "Seller's personal account" displays detailed information about all products and additional services ordered by the end user made through the website www.incomarkt.com and about all subsequent interactions between the Seller and the end user made within at least 5 years from the moment of the first transaction, made through the website of the Company, in the event that the Seller allows the conclusion of transactions with a specific end user bypassing the website of the Company, including similar actions of persons affiliated with him known to the Seller. The Seller is responsible for the completeness and accuracy of the information entered.
4.5. Not later than the fifth day of each month, the Seller's personal account displays detailed information about the corresponding amount of the Company's remuneration payable for the products sold through the website www.incomarkt.com and the services provided by the Seller for the previous month, including the information specified in cl. 4.4 of the Agreement. The Seller is responsible for the completeness and accuracy of entering this information.
4.6. The remuneration for the month, calculated in accordance with the conditions of clauses 4.2, 4.4, is paid by the Seller no later than the 10th day of each month. Payment of remuneration is made by the Seller by bank transfer to the settlement account of the Company specified in the section "Parties to the agreement (offer)". Other payment methods (checks, "payment agencies", other payment methods) cannot be processed by the Company and therefore are not accepted. The seller bears all the costs of paying the commission charged by the bank for sending the transfer.
4.7. The remuneration that the Seller must pay to the Company must be made with free funds, without any deductions or compensation, these funds must not be encumbered with any deductions that relate to "Taxes", import duties, duties, as well as any or fees and charges, both currently and over time, imposed by any government, tax or other competent authority. If the Company is forced to make any payments of this nature, the Seller undertakes to compensate the Company for this difference in payments in order to ensure that the Company receives the full amount under the terms of the Agreement and which the Company should have received before making any deductions and deductions. The Seller assumes responsibility for the payment and implementation of any taxes, tax deductions, import duties, duties, payments and charges in excess of the full amount of the remuneration that the Seller is due to the Company.
4.8. The remuneration must be paid in the currency of the Russian Federation - rubles and amount to the amount indicated in the "personal account of the Seller".
4.9. The seller is responsible for withholding and declaring the relevant taxes specified in clause 4.6 of the Agreement (offer) with compensationDependencies payable to the Company in accordance with applicable tax laws and requests and requirements of the tax authorities. The seller is solely responsible for the payment and transfer of fees taxes, as well as any interest on arrears and penalties imposed by the tax authorities for failure to withhold or declare any fees taxes. If necessary, the Seller is solely responsible for agreeing with the relevant tax authorities on the accounting of taxes on remuneration. At the first request of the Company, the Seller provides the Company with copies (photocopies or scanned copies) of certificates of payment of taxes / exemption from taxes for each transfer of remuneration. The Seller represents and warrants that it is duly registered with all relevant tax authorities (including statutory (local) revenue collection authorities).
4.10. In the event of any controversial issues (for example, concerning the amount of remuneration) between the Company and the Seller, any undoubted amount of remuneration is paid in accordance with the terms of this Agreement (offer), regardless of the status or nature of the disputed issue.
4.11. In case of delay in payment of remuneration, the Company has the right to demand payment of interest in the amount of 1% for each day of delay in payment of remuneration, as well as to suspend the provision of services for the placement of information about products.
4.12. In case of late payment of remuneration, the Company has the right to send the Seller a request to pay a deposit in the amount of at least the sum of the three largest amounts of remuneration for for the entire duration of this Agreement (offer) or another amount, at the discretion of the Company. The deposit is a guarantee that the Seller fulfills its obligations under the Agreement (offer). After the termination of this Agreement, the deposit or any balance of funds remaining after the deduction of unpaid remuneration, outstanding and other payments that should have been paid to the Company will be paid to the Seller within 30 days after the end of the settlement of unfulfilled obligations and payment of arrears (including payment of unpaid remuneration) ... The amount of the deposit should not in any way limit the Seller's liability under this Agreement (offer). Deposit interest is not charged.
4.13. The seller agrees and acknowledges that he is on an ongoing basis responsible for collecting, transferring, withholding and paying the relevant (tax) authorities (if applicable) the relevant taxes and (additional) fees on the price of products and services (including applicable taxes and (additional) fees not included in the price of products and services) and for the transfer, withholding and payment (if applicable) of taxes on remuneration. If, when specifying the price for a product, it is indicated that certain taxes and additional charges are not included in the price of the product, the Seller will not subsequently demand additional payments from the final consumer of taxes and fees not included in the price of the product.
4.14. The seller bears currency risks and covers the costs of banks for receiving, transferring and converting the price of products and remuneration of the Company from its own funds.
4.15. If there is a suspicion of fraud on the part of the Seller, or if the Company, by virtue of the law, judicial act, on the basis of an order of a state or state-related body, a decision of an arbitration court (or other similar decision), a subpoena or other reasonable grounds, is obliged to return of all or part of the price for products, services, the Company reserves the right to demand from the Seller reimbursement of such amounts paid to the end consumer and received by the Seller, and such reimbursement must be made within 5 calendar days from the date of the relevant request from the Company.

5. The order of interaction when ordering products by the end consumer.

6. Cancellation of the order.

6.1. The seller is obliged to provide the products ordered by the end consumer. If, for any reason, the Seller cannot fulfill his obligations under this Agreement (offer), the Seller is obliged to immediately (no later than one calendar day, as the Seller became aware of) inform the Company through the servicecustomer support marketplace@rtedc.org, in the Subject column of each email, the order Failure should be indicated), indicating the reason for the non-fulfillment of the order.
6.2. If, for any reason, the Seller cannot fulfill his obligations to supply the product to the end consumer, the Seller is obliged to settle this issue with the end consumer on his own, with the obligatory return of the prepayment made by the end user (if any), within a period not exceeding 15 calendar days from the date of notification of the end consumer about the impossibility of fulfilling the order. Simultaneously with the notification of the end consumer about the impossibility of fulfilling the order, the Seller makes the appropriate notes in the "personal account of the Seller" in relation to a specific order, with the attachment of confirmation of sending a notification to the end consumer about the impossibility of fulfilling the order.
6.3. If it is impossible to fulfill the confirmed order by the Seller and / or the Seller refuses to fulfill the confirmed order, on the grounds that are under the jurisdiction and competence of the Seller, the Company's remuneration for this order is paid in full, in accordance with the terms of this Agreement (offer).
6.4. If the end consumer refuses to receive the product, or if the product is returned to the Seller for any reason, it is not a reason for refusing to pay remuneration to the Company for this order.

7. Advertising.

7.1. The Seller agrees not to contact the Buyer who has ordered the Seller's products through the website www.incomarkt.com with online or offline marketing offers or with desirable or unwanted mailing.
7.2. The Seller grants the Company the right to advertise the Seller's products using the name of the products or the Seller in all kinds of advertising and marketing campaigns. The company conducts marketing and advertising activities at its own expense and at its own discretion.

8. Use of personal data of the end consumer.

8.1. The seller must protect and store the personal data of the end consumer, not provide them to third parties.
8.2. In case of violation of the rules for storing personal data of the end consumer and their distribution, the Seller bears independent responsibility to the end user for the negative consequences caused by this violation.

9. Force majeure

9.1. The parties are exempt from liability for partial or complete failure to fulfill obligations under this Agreement (offer) if it was the result of force majeure circumstances, namely: fire, flood, earthquake, war, hostilities of any nature, blockade, export or import embargo, and if these circumstances directly affected the execution of this Agreement (offer). In this case, the deadline for fulfilling obligations under the Agreement (offer) is postponed in proportion toabout the time during which such circumstances were in force and their consequences.
9.2. The party for which the impossibility of fulfilling the obligations under the Agreement (offer) has been created is obliged to inform about the occurrence and termination of the above circumstances, immediately notify the other party. Untimely notification of force majeure circumstances deprives the relevant party of the right to refer to them in the future. This message must be confirmed by the Chamber of Commerce of the Seller's country.
9.3. The evidence of the respective chambers of commerce will serve as an appropriate proof of the existence of the above circumstances and their duration.
9.4. If the circumstances and their consequences last more than 4 months, then each of the parties will have the right to cancel the Agreement (offer) in whole or in part, and in this case, none of the parties will have the right to demand compensation from the other party for possible losses.

10. Feedback from end users.

10.1. The company addresses the end consumers who have received the Seller's products with a request to leave a comment about the ordered products and evaluate the products, services provided by the Seller, as well as about the Seller.
10.2. The company reserves the right to publish these comments and ratings on the site under the relevant products. Seller acknowledges that the Company is a distributor (without obligation to verify) and not a publisher of these comments.
10.3. The company is committed to making every effort to track and verify end-user reviews in order to identify obscene language or mentions of personal names. The company reserves the right to reject or remove unwanted reviews if such reviews contain obscene language or mentions of personal names.
10.4. The company does not enter into discussions, negotiations or correspondence with the Seller regarding (content, consequences of publication or dissemination) of comments and ratings of the end user.
10.5. Under any circumstances, the Company does not assume and disclaims any responsibility for the content and consequences (publication or distribution) of any comments or reviews.
10.6. End-consumer comments are used exclusively by the Company and are posted on the website www .incomarkt.com . The seller has no right (directly or indirectly) to publish, advertise, promote, copy, partially copy, link to, acquire, use, combine or otherwise use end-user reviews posted on the website www .incomarkt.com , without the prior written consent of the Company ...

11. Representations and Warranties.

11.1. The seller approves and guarantees to the Company that in order to fulfill the terms of this Agreement (offer):
11.1.1. The Seller has all the necessary rights and powers to post on the website www .incomarkt.com , information about the Seller and products;
11.1.2. The seller has all the necessary certificates, licenses and other state permits and meets all the requirements necessary to conduct business and perform its activities;
11.1.3. The seller, its directors and (direct, indirect and ultimate (beneficial)) owners (and their directors) are not affiliated in any way, not part of, not involved, have no relationship with, and are not under the control, management or ownership of:
- terrorists or terrorist organizations;
- parties / persons included in the list of citizens / organizations of special categories and prohibited persons / organizations or otherwise subject to a trade embargo or financial, economic or trade sanctions;
- parties / persons guilty of money laundering, bribery, fraud or corruption.
The seller must immediately notify the Company in the event of a violation of this clause.
11.2. Each party approves and guarantees to the other Party that in order to fulfill the terms of this Agreement (offer):
11.2.1. She has the full rights and powers of a legal entity to sign and fulfill the terms of this Agreement (offer);
11.2.2. She made a corporate decision necessary to authorize the execution of this Agreement (offer);
11.2.3. This Agreement (offer) establishes valid, legally binding obligations of this party in accordance with its terms;
11.2.4. Each party undertakes to comply with all applicable state laws, codes, decisions, decrees of the country, state or municipality in accordance with the legislation of which this Party is registered as a legal entity, taking into account the products manufactured by this Party and / or the services provided.
11.3. Except when the Agreement (offer) expressly provides otherwise, neither of the Parties makes statements or guarantees, direct or indirect, regarding the subject of this Agreement and hereby disclaims any indirect guarantees, including any indirect guarantees of commercial benefit or the ability to fulfill a specific purpose. subject to this subject.
11.4. The Company excludes any liability to the Seller in relation to any (temporary and / or partial) disruption of work, interruptions, interruption or inaccessibility of the website www .incomarkt.com . The Company offers and the Seller accepts the service of placing the goods on the website www .incomarkt.com on an "as is" and "subject to availability" basis.

12. Indemnification and liability.

12.1. Each party (the "party making the indemnification") is responsible, compensates and provides for non-damage to the other party (including its directors, officials, employees, agents, affiliates and subcontractors) (the "party to whom the indemnification is made") related to direct damage losses (excluding any loss of products, loss of profits or income, loss of a contract, damage to good name or reputation, loss of a claim or any other special, indirect or consequential damage and / or loss), liabilities, expenses, claims of any kind, interest , penalties, legal procedures and costs (including, without limitation, payment for necessary lawyers' services) actually paid for and incurred by the Party to which the refund is made, if:
- violation of the terms of this Agreement (offer) by the party making the refund
- receipt of any complaint from any third party regarding any (possible) violation by the indemnifying Party of the intellectual property rights of a third party.
12.2. The seller is fully responsible, compensates and ensures that the Company (including its directors, officials, employees, agents, affiliates and subcontractors) will not suffer damage related to obligations, expenses, expenses (including, without limitation, payment for the necessary services of lawyers), losses, damage , claims of any kind, interest, penalties and legal procedures actually paid and incurred by the Company (including its directors, officers, employees, agents, affiliates and subcontractors) in connection with:

- any complaints by end users regarding incorrect, erroneous or misleading information about the Seller and the products, services provided by the Seller;

- any other complaints of end consumers that are partially or completely related to the activities of the Seller (including its directors, employees, agents, representatives) (including complaints related to (insufficient) services or products offered by the Seller), or which arise as a result of legal violations, fraud, willful breach of obligations, failure to comply with the breach of contract by the Seller (including those related to directors, employees, agents, representatives of the Seller) in relation to the end consumer;

- all claims against the Company arising from or in connection with the lack of proper registration of the Seller with the relevant tax authorities or with the Seller's failure to pay or refusal to pay, collect or transfer any applicable taxes and additional charges, collection or based onthe provision of services or other payments specified in this Agreement (offer), in accordance with the legislation of the relevant country.
12.3. The maximum liability of the Company to the Seller in the aggregate for all claims made by the Seller against the Company under this Agreement (offer) during the year shall not exceed the aggregate remuneration received or paid by the Seller to the Company in the previous year, or the amount of 100,000 rubles (the higher of two ).
12.4. In case of receiving a complaint from a third party, the Parties undertake to act in good faith and use commercially reasonable efforts to consult, cooperate and provide each other with support to defend and / or resolve the received claim. The party making the refund undertakes to undertake the proceedings on this complaint (by agreement and agreement of the Party to which the refund is made, and in the interests of both Parties). Neither party can make a confession, attach documents to the case, agree with any court decision or reach a compromise, or settle the issue without the prior written consent of the other Party (the Party must not unreasonably delay giving consent, link it to the fulfillment of any conditions and deny it)
12.5. Neither party shall be liable to the other party for any indirect, special punitive, incidental or consequential damages or losses, including loss of products, loss of income or profits, loss of a contract, damage to good name or reputation, loss of a claim if these losses began to be considered (are) the result of violation of the Agreement (offer), an offense or other reasons (even if the possibility of such losses was reported. All such losses in accordance with this Agreement (offer) are rejected and not accepted for consideration.
12.6. Each party recognizes that the remedies may not be enough to protect the other Party in case of violation of the Agreement (offer), and without prejudice to any other rights and remedies available to the other Party, each Party is entitled to a legal request and special actions.

13. Term, suspension and termination of the Agreement (offer).

13.1. Unless otherwise agreed, this Agreement (offer) comes into force from the date of its conclusion and is valid for an unlimited period. Either party may terminate the Agreement (offer) at any time and for any reason by written notice of termination to the other Party 14 calendar days in advance.
13.2. Each of the Parties may terminate or suspend the Agreement in relation to the other Party with immediate entry into force and without appropriate notification in the following cases:erif ">
- a material violation by the other Party of any term of the Agreement (for example, delay in payment, insolvency, provision of incorrect information or receipt of a significant number of complaints from the end consumer);
- bankruptcy (filing or filing a bankruptcy petition) or suspension of payment (or similar actions and events) by the other Party.
13.3. Any notification from the Company about “termination of cooperation” with the Seller posted on the website (or similar wording) or in the “Seller's personal account” means termination of the Agreement (offer). After the termination or suspension of the Agreement (offer), the Seller undertakes to deliver the ordered products to the end consumer and pay the remuneration due for these orders (and, if necessary, expenses, costs and interest) in accordance with the terms of the Agreement.
13.4. The following cases will, under any conditions, be considered a material violation, after which the Company has the right to immediately terminate the Agreement (offer) or suspend it (without notice):
-The seller does not pay remuneration on or before the deadline;
-The seller posts incorrect or misleading information about the product;
-The seller does not support the product information in a proper way;
-The seller does not timely confirm the receipt and readiness to fulfill the order from the end consumer;
-The Seller changes the price of the ordered products from the moment the order is received in the "Seller's personal account" until the order is confirmed and the delivery time is specified;
-The company receives one or more substantiated serious complaints from one or more end users who received the product from the Seller;
- Unauthorized use of the process of collecting end-user reviews, as a result of which a review appears on the site that is not an honest review of a real end-user who actually ordered the Seller's products through the website www .incomarkt.com ;
-Any problems (alleged problems) with safety, confidentiality or damage to health associated with the Seller's products or services provided by the Seller (the Seller undertakes at his own expense and upon the first request of the Company to provide the necessary permits, licenses, certificates and resolutions issued by an independent expert body and confirming the compliance of products and services with the necessary legal requirements (in relation to safety, confidentiality and health protection)).
13.5. At the same time, upon termination of this Agreement, in any case, the conditions provided for in clauses 2.1.5, 2.1.6, 4.4, 4.5 of this Agreement remain.
13.6. Upon termination of the Agreement (offer), unless otherwise agreed, this Agreement (offer) is completely and finally terminated in relation to the terminating Party and becomes invalid without prejudice to the rights and remedies in the event of damage or violations of the other (terminating) Party to this Agreement. Sections 2, 4, 12, 13, 14,15, 16 of the Agreement (offer) remain in force after the termination of the Agreement (offer).

14. Reporting.

14.1. The Company's reporting posted in the "Seller's personal account" is considered irrefutable evidence of the existence and receipt by the Seller of an order from the end consumer, as well as the amount of remuneration payable by the Seller to the Company under this Agreement (offer).
14.2. The Seller undertakes, upon the first request of the Company, to assist and assist the Company (including reasonably disclosing all necessary information) in determining the (original) owner, manager and / or controller of the Seller.

15. Confidentiality.

15.1. The parties acknowledge and agree that during the execution of this Agreement (offer), each party may have access or may be familiarized, directly or indirectly, with the confidential information of the other party. Confidential information includes end-user information, product order quantities, marketing and business plans, financial, business, technical, or other information of an internal nature that the disclosing party considers private or confidential. This is also considered information that, as the receiving party knows, is private and confidential.
15.2. Each Party agrees that:
- all confidential informationI am the exclusive property of the disclosing party, and the receiving party will not use confidential information for any purpose, except for purposes contributing to the execution of this Agreement (offer);
- it will adhere to and use precautionary measures to ensure that its employees, employees, representatives, contractual partners and contractors maintain the secrecy of confidential information;
- it will disclose confidential information only to those persons who need to have this information in order to fulfill the Agreement;
- it will use precautionary measures to ensure that persons who have become aware of confidential information do not copy, publish or disclose confidential information to others or otherwise use it (in any other way not specified in these terms and conditions);
- it will return or destroy all confidential information stored in print or electronic form after receiving a written request from the other Party.
15.3. Notwithstanding the above, confidential information should not contain any information in the public domain or coming into the public domain for reasons not related to the actions or omissions of the receiving party, acquired by the receiving party before the date of this Agreement (offer), disclosed to the receiving party by a third party that has no obligation to maintain confidentiality, or the disclosure of which is required by law, court order, in connection with the receipt of a subpoena or government decree, and none of the provisions of this Agreement (offer) restricts or prohibits the transfer of information by the Party under this Agreement ( offer) (including any technical, operational, financial data and performance indicators (with the exception of any Information about end users)) in confidentiality to affiliates.
15.4. The parties will use commercially reasonable efforts to maintain the confidentiality of personal data of end users and to prevent unauthorized use or disclosure. Each of the Parties agrees to comply with all applicable laws, regulations and requirements (in relation to data protection and confidentiality) in force in the jurisdiction to which the Party belongs, regarding the processing of personal data and the preservation of confidentiality.

16. Miscellaneous provisions.

16.1. Neither party has the right to assign, transfer or interfere with the exercise of any of its rights and / or obligations under this Agreement (offer) without the prior written consent of the other party. However, under this Agreement (offer), the Company may assign, transfer or oblige the performance of any rights and / or obligations (in whole or in part, or periodically) to affiliated companies without the prior written consent of the Seller. Any assignment or transfer of rights andThe Seller does not relieve the obligations of the person making the transfer from his obligations under this Agreement (offer).
16.2. All notifications and other communication must be made in Russian in writing and sent through the "Buyer's personal account", e-mail, fax or using an official express delivery service, including, if necessary, by air to the appropriate fax number or the address specified in the "personal account of the Seller" or in the section "Parties to the Agreement (offer)" of this Agreement (offer).
16.3. This Agreement (offer) represents the entirety of the agreements and understandings between the Parties on this issue and replaces all previous agreements, agreements, proposals, agreements, resolutions related to this issue.
16.4. If any provisions of this Agreement (offer) are or become invalid, or become invalid, the Parties remain bound by all other provisions of this Agreement (offer). The parties undertake to replace invalid or invalid provisions with valid and enforceable provisions that, as far as possible, have a similar effect to invalid or invalid provisions, taking into account the context and purpose of this Agreement (offer).
16.5. Unless otherwise provided in this Agreement (offer), this Agreement (offer) is subject exclusively to the legislation of the Russian Federation and is interpreted only in accordance with it. The place of execution of the Agreement (offer) is the location (legal address) of the Company. Unless otherwise provided in this Agreement (offer), in the event of disputes regarding this Agreement (offer), the parties have agreed on the jurisdiction of the disputes to the Arbitration Court of Moscow (Russian Federation).
16.6. The parties understand and agree that notwithstanding clause 16.5 of this Agreement (offer), not a single clause of this Agreement interferes with the Company and does not limit its right to initiate a claim or start a lawsuit or seek interim legal protection in the form of an injunction or (special) performance in the competent courts where the Seller is registered and the jurisdiction of which he is subject. To this end, the Seller waives the right to apply to other courts or appeal laws to which he may be entitled.
16.7. The original version of this Agreement (offer) in Russian may be translated into other languages. The translation made from the original Russian-language version is a supporting document and is intended for internal use only. In the event of disputes about the content or interpretation of the terms of the Agreement (offer) or in case of disputable opinions, ambiguity, discrepancies or inconsistencies between the Russian-language version and the version of the Agreement (offer) in other languages, the Russian version will be considered applicable, prevailing and binding on enforcement force. The Russian version will be used in court proceedings. The Russian version is available at www .incomarkt.com ;font-size: 12.0pt ">
16.8. With respect to (or as a remuneration) performance, transfer, conclusion, registration, completion and / or implementation, performance or transfer of duties in accordance with the provisions of this Agreement (offer), the Seller (including its employees, directors, employees, agents or any other representatives ) must not directly or indirectly offer, promise or transfer to any third party (including any government officials or candidates, representatives or officials of any political party) and solicit, accept, or receive a promise to provide to Seller or any other third party any or gifts, payments, rewards, compensation or profits of any kind that may be regarded as bribery (giving / receiving a bribe) or any illegal or corrupt act, as well as all actions in relation to the fulfillment of obligations under this Agreement (offer) must be satisfied with all applicable anti-corruption law m and laws aimed at combating bribery of officials.
16.9. The agreement (offer) comes into force and is valid only after the registration of the Seller in the "Seller's personal account". The Agreement is considered concluded from the moment of receipt of a scanned copy of this Agreement (offer) signed by the Seller with Appendix No. 1 to the Company's e-mail address documents@rtedc.org, which does not exclude the possibility of signing the Agreement (offer) by an authorized person in hard copy.
When registering "in the Seller's personal account", the Seller agrees to the terms and requirements of the Agreement (offer) and the tariff plan and accepts them. The agreement (offer) is considered concluded (accepted) from the moment the Seller registers the "Seller's personal account" and receives a scanned copy of this Agreement (offer) signed by the Seller to the Company's email address documents@rtedc.org with Appendix No. 1 to this Agreement (offer) or the Agreement (offer) signed by an authorized person with Appendix No. 1 to this Agreement (offer) on paper.

rif "> Appendix No. 1

to the contract (offer)

from "__" _____ 2020

Limited Liability Company "RTD" (LLC "RTD"),
Legal address: 123022, Russian Federation, Moscow, Zvenigorodskoe highway, 7, apt. 68,
Correspondence address: 123022, Russian Federation, Moscow, Zvenigorodskoe highway, 7, apt. 68,
OGRN1167746873315,
TIN 7703416781,
KPP 770301001,
Current account 40702810500000166773 in JSC "RAIFFEISENBANK"
BIK 044525700
Correspondent account 30101810200000000700
email address: documents@rtedc.org
phone number: +7 916 385 05 03
represented by the General Director Zavarzina Oksana Borisovna, acting on the basis of the Charter.
hereinafter referred to as the "Company"
and [→ company name or full name of an individual entrepreneur
→ location address]
OGRN / OGRIP → [main state registration number, TIN taxpayer identification number]
Current account [→ current account number], c → bank name
BIC → [bank identification code]
→ email address, → phone number, represented by → name of the position acting on
basis, [→ name of the document authorizing to act on behalf of] name,
Other registration data, in accordance with the registration data of another state

hereinafternumbered "Seller",

with a joint mention of the "Party", with a separate mention - "Party"

The parties have come to the following agreement:
Tariff plan applied to the Seller under the terms of the Agreement: "BASIC". The terms of the applicable tariff plan are posted on the Company's website at www .incomarkt.com . The Company's remuneration under the terms of the Agreement, including those applicable to clause 1.1 of the Agreement, is calculated from the amount of each transaction, according to the tariff plan, including for transactions made in accordance with clause 4.4. Of the Agreement (offer) between the Seller and the end consumer bypassing the Company's website after the first transaction concluded between the Seller and the relevant end consumer through the Company's website.