Terms of Service INCOmarkt.com
These Rules, developed and approved by RTD LLC (INN 7703416781 OGRN 1167746873315), determine the uniform conditions for the organization and provision of information and technological services, including the collection, processing and transmission of information about Orders and Payments of individuals in favor of the Seller, and establish standard rights and obligations of the Parties.
These Rules are not a public offer, in connection with which the Aggregator has the right to refuse to conclude an Agreement without explaining the reasons.
These Rules apply to the Aggregator, Payment System Operators, Settlement Bank, Guarantor, Agents, as well as Sellers, which can be an individual entrepreneur or a legal entity that has declared accession to the Rules and signed the corresponding agreement of accession to the Rules, provided that this individual entrepreneur or a legal entity accepts the terms of the Rules as a whole, in accordance with Art. 428 of the Civil Code of the Russian Federation, and hereinafter referred to as the "Parties".
Each of the Parties guarantees to the other Parties that it has the necessary legal capacity, as well as all the rights and powers necessary and sufficient to join the Rules and fulfill obligations in accordance with their terms.
Table of contents
I. Terms and definitions
II. General Provisions
III. Seller's rights and obligations
IV. Rights and obligations of the Guarantor
V. Rights and obligations of the Agent
Vi. Operator's rights and obligations
Vii. Rights and obligations of the Aggregator.
VIII. Settlement procedure.
X. Validity of the Rules
XI. Dates, dates and times
XII. Privacy and security
XIII. Other conditions
1. Terms and definitions
1.1. Aggregator (Administration of the Site) is a legal entity that performs the functions of coordinating and supporting the activities of the Site as a whole. The Aggregator provides the Parties, in order to fulfill their obligations under these Rules, a Site for interaction between the Parties and organizations that have not joined the Rules, and also provides information and technological interaction of the Parties, including information and technological support for settlements for the Services of the Aggregator.
1.2. Site is a software and hardware complex available on the Site that allows Users to interact with the Seller. The site includes the interface, software, design and other elements necessary for proper functioning. All exclusive rights to the Site and the Site belong to the Aggregator (Site Administration). The site is located on the Internet in the form of a Website, a payment form and / or in the form of a mobile application.
1.3. Services of the Aggregator - a set of information and consulting services that the Aggregator provides to the Seller:
1.3.1. Demonstration of the Seller's goods by posting (publishing) on the Platform of product offers with characteristics, images, prices and other descriptions of the goods.
1.3.2. Technical support of the Seller on issues related to the placement of the Seller's Goods and Seller's Services on the Site, calculating the cost of delivery and other procedures related to receiving Orders from Users.
1.3.3. Consulting services in relation to the choice of goods and placing orders, provided to Users on behalf of the Seller.
1.3.4. Creation and processing of Orders formed from the Seller's Goods and Seller's Services.
1.3.5. Acceptance of payment for Orders placed by the User on the Site.
1.3.6. Formation of accompanying documents on behalf of the Seller to the Buyer based on the created and paid Orders.
1.3.7. Placement of the Seller's advertising materials on the Site.
1.3.8. Other services.
1.4. Seller (vendor) - an online store (legal entity or individual entrepreneur) owning goods and / or providing a service that they offer to an unlimited number of users of the Site, in order to complete a sale and purchase transaction. To become a “seller”, the online store must join the Rules by signing the corresponding agreement of accession to the Rules.
1.4.1. Seller's goods - a material object (thing) or electronic content (including software) belonging to the Seller, which he has the right to dispose of and presented by him in the catalog of the Site, for the purpose of further sale to the Users.
1.4.2. Seller's services - actions provided by the Seller, or a set of actions, as well as other activities aimed directly at the User,or in his interests, as an addition to the purchase and sale of the Seller's Goods.
1.5. User (Client) - any natural or legal person using the Site to obtain information about the Goods and / or Services sold by the Sellers, as well as information about the Sellers themselves; as well as a person who purchases or intends to purchase on the Site the Goods and / or Services offered by the Sellers, as well as persons who previously purchased any Goods and / or Services on the Site after completing the Registration procedure.
1.6. Site - is a website consisting of logically interconnected web pages that form part of the information space of the Internet, and are hosted on the https://incomarkt.com domain, indicating the location of the server with content under the control of the Aggregator. The site is a composite work, as well as the name "INCOmarkt", is protected, along with the names of all other works. All exclusive rights to the Site (its individual elements) belong to the Aggregator.
1.7. Order - a set of certain product offers and related services provided by the Seller, selected by the User on the Site, having a unique number indicating the conditions, method of transferring the Goods and payment, recorded as a sale and purchase transaction between the Seller and the User.
1.8. The accompanying document (waybill) is the main document of transportation and determines the relationship between the Seller, the Carrier and the Buyer. The consignment note contains the necessary information about the cargo (its name, quantity, method of determining the weight, etc.), the consignor, the consignee, the place of delivery, the cost of delivery, etc. The waybill is drawn up in four copies. The consignor of the cargo must provide the Carrier, in addition to the consignment note, also all the documents that are required by sanitary, customs, quarantine and other rules.
1.9. Registration is a set of actions of the User in accordance with the instructions indicated on the Site, including the provision of data and other information made by the User when placing an Order on the Site for the first time or when contacting the Aggregator's Contact Center for the first time to place an Order or directly using a special registration form interface of the Site in order to gain access to various functionality of the Site and the formation of a Personal Account.
1.10. Personal Account is a protected part of the Site, created during Registration, through which the Site is used and interaction between the Seller, the User and the Site is carried out on the terms proposed by the Aggregator. Access to the Personal Account is carried out by authorization on the Site using the Login and Password.
1.11. Login - the email address specified when registering on the Site.
1.12. Password is a unique set of characters created during Registration, intended for access to the Personal Account.
1.12.1. Personal account - an analytical account in the Aggregator's accounting system for accounting for settlement transactions between the Seller and the Client, is a part of the Personal Account and reflects the calculations during interaction on the Site.
1.13. Certificate of services rendered - a document reflecting the actual Services of the Aggregator provided to the Seller for the reporting period.
1.14. Carrier (delivery service) - a company that delivers an Order made on the Website from the Seller to the Client according to the accompanying documents generated by the Aggregator.
1.15. Agent is a commercial organization that provides services to the Aggregator for the search, attraction and maintenance of Sellers.
1.16. Refund / Cancellation of payment - an operation to return to the Payer the funds transferred by non-cash payment on the basis of the Order of the Payer, which was initiated by the Seller with the consent of the Payer in the event of the Payer's refusal to receive the Goods / Services or the inability for the Seller to fulfill the Payer's Order, or if the Seller performed an erroneous operation ...
1.17. Guarantor - a legal entity and / or individual entrepreneur registered and operating in accordance with the legislation of the Russian Federation, providing, together with the Aggregator, the possibility of using the Safe Transaction service under the terms of these Rules. The relationship between the Aggregator and the Guarantor is governed by a separate agreement.
1.18. The condition for the formation of an order for the transfer of funds (Condition) - an event, upon the occurrence ofBy the way, the Guarantor, on the basis of the Payment made by the Payer, generates an order and transfers funds from the Payment Card to the Payment Merchant or makes a refund to the Payer's Card. The Condition means the receipt by the Guarantor from the Carrier of information about the proper performance by the Seller of obligations under the Safe Transaction or non-performance of the Transaction.
1.19. The Safe Transactions Service (Service) is a service provided by the Guarantor aimed at providing services for making settlements between the Payer and the Payment Merchant within the framework of the “Safe Transaction” they conclude, subject to the conditions for generating funds transfer orders.
1.20. Safe transaction - an agreement concluded between the Payer and the Seller through the Site, in order to fulfill the terms of which the Payer transfers funds to the Seller using the Safe Transactions Service and / or under the control of the Guarantor.
1.21. Incident cycle - a set of ordered settlement, financial and other transactions that are exchanged between settlement participants in order to clarify the circumstances of any transaction using a Payment Card.
1.22. Payment System (PS) - international payment systems "VISA", "MasterCard", as well as the national payment system "MIR".
1.23. Invalid transactions - non-cash Payments made by Payers, recognized as invalid by Payment Systems, operators / issuers of electronic means of payment, as well as Payments that contradict the current legislation of the Russian Federation.
1.24. Payment System Operator (Operator) - a legal entity performing the functions of coordinating and supporting the activities of the Processing Center as a whole. The relationship between the Aggregator and the Operator is governed by a separate agreement.
1.25. Operational day - a calendar day of the Processing Center, which is the period from 00:00:00 to 23:59:59 Moscow time.
1.26. Reporting day - the day of receipt of information about the Order of the Payer through the Processing Center, set from 00:00:00 to 23:59:59 Moscow time.
1.27. Reporting period - a calendar month from the first to the last day (inclusive) of the calendar month.
1.28. Payment - an operation for wire transfer of funds, made through the Operator's Processing Center, acting on behalf of the Aggregator, in order to terminate obligations to the Sellers (including those who are Recipients) to pay for the Services and / or Goods (including making an advance payment) purchased by the Clients ... The possibility and conditions for organizing the acceptance of Payments in favor of a particular Seller who has entered into an agreement with the Aggregator are governed by the Rules and applicable laws of the Russian Federation.
1.29. Payment Card - a bank card issued by the relevant Issuer of one of the Payment Systems, which is a means of payment for making Payments provided for by the relevant agreements between the Aggregator, the Guarantor, the Operator and the Seller, and allowed for payment on the Internet by Payment Systems.
1.30. Payer - any natural person who makes a Payment using the Operator's Processing Center on his own behalf or on behalf of the Client under transactions (agreements, applications) concluded between the Client and the Seller, or gives through the Processing Center to the Settlement Bank an order for a Payment using the payment card details.
1.31. Processing center - a set of computer programs, hardware, telecommunications and telecommunication networks that ensure the functioning of an automated system for collecting, accounting, processing and exchanging information necessary for making Payments or generating Orders.
1.32. A working day is any calendar day, excluding non-working holidays, as well as weekends with a five-day working week.
1.33. Order - an order of the Payer to carry out a non-cash transfer of funds (Payment) using the details of the Payer's Payment Card, transmitted to the Settlement Bank through the Processing Center.
1.34. Settlement bank is a credit institution that carries out banking operations in accordance with the current legislation of the Russian Federation, which is involved by the Operator and / or the Aggregator and / or the Guarantor to organize the acceptance of Payments in favor of the Seller and to carry out non-cash settlements between Payers and Sellers through the Aggregator or the Guarantor, incl. with usedpayment cards and electronic means of payment.
1.35. Party to the Rules - a person carrying out entrepreneurial activity, having established a contractual relationship with the Aggregator and participating in activities related to the provision of goods, works, services to Users, Clients, Payers and / or another Party to the Rules. The Parties to the Rules are, in particular, the Aggregator, Agent, Seller, Payment System Operator and Settlement Bank, etc.
1.36. Payment amount - the amount of funds to be transferred / transferred to the Seller. A different structure of the Payment Amount may be established by the Rules.
1.37. Electronic means of payment - a prepaid electronic means of payment provided by the Issuer to the Payer and used by the Payer in accordance with the terms of the agreement concluded between the Payer and the Issuer.
1.38. Issuer - a credit institution or other legal entity that issues Payment cards and / or Electronic means of payment and provides them to Payers on the basis of relevant agreements.
1.39. Chargeback - an operation initiated by the Issuer at the request of the Payer to return to the relevant card account of the Payer the funds debited from such an account as a result of the Payment.
1.40. Advertising space - a place for placing Advertising materials on the Site.
1.41. Advertising materials - any text, graphic, audio, video and mixed advertising materials advertising the Goods and Services of the Seller or his means of individualization. Requirements for Advertising Materials are determined by the Aggregator unilaterally and are available at: https://incomarkt.com/reklama . Promotional materials include the following non-exhaustive list:
1.41.1. Graphics block - static, animated, interactive, video, etc. a block of size and format defined by the Aggregator rules;
1.41.2. Text block - formatted text included in the Internet page on the site;
1.41.3. Text-graphic block - an information block consisting of formatted text and a graphic image.
1.42. Placement of Advertising Materials - technical placement by the Company of the Client's Advertising Materials, taking into account the Media parameters on the Internet resources of third parties or their own.
1.43. CEP - Qualified electronic signature is designed to identify the person who signed an electronic document, is an analogue of a handwritten signature in cases provided for by law and information protection means, providing the ability to control the integrity and authenticity of electronic documents.
1.44. ED - An electronic document created with the help of computer information processing tools, which can be signed with an electronic signature (CEP) and saved on a machine medium in the form of a file of the appropriate format.
1.45. EDF - A single mechanism for working with documents submitted in electronic form, with the implementation of the concept of "paperless office work". The process of exchange between the Parties in the ED system of documents drawn up in electronic form and signed by the ED is carried out through the EDM Operator.
1.46. EDM Operator is an organization that provides the exchange of open and confidential information via telecommunication channels within the framework of electronic document flow between the Parties in the EDI system.
1.47. Sending Party - the Party sending the document in electronic form, signed by the CEP, in the EDM system via telecommunication channels to the other Party.
1.48. Receiving Party - the Party that receives from the Sending Party a document in electronic form signed by the CEP in the EDI system via telecommunication channels.
2. General provisions
2.1. The aggregator is RTD LLC.
Legal address: 123022, Moscow, Zvenigorodskoe highway, 7
Mailing address: 123022, Moscow, PO Box 48
INN / KPP 7703416781/770301001
Phone +7 (495) 649-83-08
Current account 40702810500000166773
Bank JSC "Raiffeisenbank", Moscow
Correspondent account 30101810200000000700 - Main Department of the Central Bank of the Russian Federation for the Central Federal District, Moscow
2.2. The aggregator, within its competence, in accordance with the requirements of the current legislation, concluded agreements and the Rules, on its own behalf, or on behalf of the Seller, or on behalf of the Guarantor, or on behalf of the Carrier, or on behalf of the Operator, for a fee, carries out activities for:
2.2.1. search and attraction of Users to the Site;
2.2.2. placement and demonstration of the Goods and Services of the Sellers;
2.2.3. placement of advertising materials on the Site;
2.2.4. advising Users in relation to the Goods and Services of the Sellers;
2.2.5. calculation of the cost of delivery services at the rates of the Carrier;
2.2.6. placing orders;
2.2.7. creating Safe Transactions;
2.2.8. creation of accompanying documents for the delivery of Orders to the Client;
2.2.9. information technology exchange for the purpose of organizing acceptance through the Payment Operator or transmission of the Order for making Payments to the Settlement Bank;
2.2.10. performing other procedures in order to create conditions for interaction between the Parties, within the framework of these Rules and the technical capabilities of the Site and the Site.
2.3. The Aggregator can be an authorized person of the Seller or an authorized person of the Guarantor, if there is a Safe Transaction, in terms of accepting Payments from Payers through the Operator. The receipt of funds to the Operator's account on behalf of the Payer is recognized as the fact of fulfillment of the Client's obligations to the Seller in terms of payment for goods / services.
2.4. The parties to the Rules are obliged to comply with the requirements of the Federal Law of August 7, 2001 No. 115-FZ "On Counteracting the Legalization (Laundering) of Criminally Obtained Incomes and the Financing of Terrorism", other Russian and international legal norms and requirements aimed at combating illegal trade, financial fraud, money laundering and legalization of funds obtained by illegal means and financing of terrorism, if necessary, ensure the identification of customers, customer representatives, the establishment and identification of beneficiaries in order to implement the principle of "Know your customer", to properly manage the risks arising in connection with the legalization of income criminally obtained financing of terrorism and regular monitoring of the implementation of the above tasks. A party to the Rules is obliged not to carry out, in the provision of services, including in the performance of operations for accepting funds or transferring funds, direct or indirect complicity in illegal financial activities, money laundering and terrorist financing, and any other illegal operations that may be administratively and / or criminally punishable, be the subject of legal proceedings and / or threaten the loss of business reputation for the Aggregator, Settlement Bank and the Operator.
Sellers are obliged to provide the Aggregator, upon its request, with any information necessary to confirm their obligations to implement in order to combat the legalization (laundering) of proceeds from crime and the financing of terrorism. Failure to comply with the requirements specified in this clause may result in the termination of the Aggregator's cooperation with such a Seller.
2.5. Before starting to operate under the Rules, the Seller is obliged to sign an agreement with the Aggregator in the form established by the Aggregator, as well as provide the documents and information specified in the Rules. Providing the Aggregator with a signed agreement of the appropriate form is a confirmation that this Seller agrees with the Rules and undertakes to comply with the terms of the agreement. After submission of the signed agreement to the Aggregator, the Seller cannot refer to the fact that he has not read the Rules or does not recognize their obligation in contractual relations with the rest of the Parties to the Rules.
2.6. The Seller is additionally obliged to provide the Aggregator with:
· A questionnaire of a legal entity / individual entrepreneur in one of the forms approved by the Aggregator in the Appendices;
· Technical parameters required for registration and formation of the accompanying documents of the Seller in the Carrier's system;
· Certificate of registration with the tax authority;
· Certificate of state registration of a legal entity / individual entrepreneur and a certificate of the applied taxation system;
· Passport data of the general director / individual entrepreneur;
The questionnaire of a legal entity / individual entrepreneur, as well as the specified information, is provided in the form approved in the Appendices to the Rules, the form is filled out depending on whether the Seller is a legal entity that is not a credit institution, or an individual entrepreneur, (origInal signed by the head of the legal entity, certified by the seal of the organization, or the original signed by the individual entrepreneur, certified by the seal of the individual entrepreneur, or documents signed by the CEP and sent via EDF, e-mail).
2.6.1. The aggregator has the right to request from the Seller other documents not specified in this subparagraph.
2.6.2. The provision by the Seller of the documents specified in this subparagraph is the actions of the Seller aimed at concluding an agreement for the provision of information technology exchange services in order to organize the acceptance of payments under the terms of these Rules.
2.6.3. By agreement with the Aggregator, the contract may be concluded in a different form not specified in the Rules, and determine another moment for concluding the contract not specified in the Rules (in this case, the Seller simultaneously with the agreement provides the Aggregator with a set of documents specified in clause 2.6 of the Rules).
2.6.4. The aggregator has the right to check the Seller's solvency on the basis of the data provided by the Seller.
2.7. These Rules regulate the relations between the Parties in the implementation of the electronic exchange of documents via telecommunications channels in the EDM system, signed by the CEP and e-mail.
2.7.1. Electronic exchange of documents is carried out by the Parties in accordance with the current legislation of the Russian Federation, including the Civil Code of the Russian Federation, the Tax Code of the Russian Federation, Federal Law of 06.04.2011 N 63-FZ "On Electronic Signature", Order of the Ministry of Finance of the Russian Federation of 25.04.2011 No. 50n.
2.7.2. To participate in EDF, the Parties must:
188.8.131.52. To receive qualified certificates of electronic keys for verifying the electronic signature of the head or other authorized persons;
184.108.40.206. To conclude a relevant agreement with the EDF Operator in accordance with the requirements of the relevant Operator;
220.127.116.11. Receive from the EDF Operator the ID of the EDF participant, access details and other data required to connect to the EDF.
2.7.3. All documents received by way of exchange in electronic form are drawn up in formats in accordance with the requirements of the legislation, as well as based on the terms of these Rules and the concluded agreements.
2.7.4. When exchanging documents in the EDF procedure, a Party generates the necessary document in electronic form, signs it with a CEP, sends a file with the document in electronic form to the other Party through the EDF Operator and saves the signed document in electronic form.
2.7.5. The parties undertake to timely (no later than the next business day from the date of receipt of the document) exchange notifications / confirmations in electronic form about the receipt and sending of documents via telecommunication channels.
2.7.6. The parties are obliged to inform each other about the impossibility of exchanging documents in electronic form, signed by the electronic signature, in the event of a technical failure of the internal systems. During the period of such a failure, the Parties shall exchange paper documents signed by the handwritten signature of the authorized person and certified by the seal of the organization.
2.7.7. The Parties undertake to inform each other about the CEP restrictions within 2 (two) working days from the date of establishment of such restrictions, otherwise, until such notification is received, the Party has the right to consider the qualified CEP of the other Party not encumbered with any restrictions, and the documents signed by such qualified CEP - fully legally binding.
2.7.8. If it is necessary to make adjustments to a document sent through EDF, the Sending Party draws up an appropriate information letter and sends the corrected document and an information letter to the Receiving Party in the manner established by the EDF Operator.
2.7.9. Neither Party has the right to unilaterally refuse to use EDF and agrees to recognize any documents sent to it via EDF from the Sending Party as “received”, even if for some reason it does not use EDF itself.
3. Rights and obligations of the Seller
3.1. The Seller instructs the Aggregator, acting at the expense of the Seller, for a fee on the terms specified in the Aggregator's tariff plans:
3.1.1. post (publish) on the Site for an unspecified audience information about their Products and Services (according to the tariffs of the Aggregator);
3.1.2. advise Users in relation to their Goods and Services (according to the tariffs of the Aggregator);
3.1.3. accept and place Orders from Users;
3.1.4. accept payment for placed Orders;
3.1.5. execute the accompanying documents required for the transfer of the Orders to the Carrier;
3.1.6. to process confidential information, in particular, personal data of Clients that became known to the Aggregator in the course of fulfilling its obligations under the Agreement (hereinafter - personal datae Clients). The Seller, with the consent of the subject of personal data, instructs the Aggregator to carry out personally or with the involvement of third parties, the following actions (operations) or a set of actions (operations) to process personal data of Clients (using automation tools or without using such means): collection, recording, systematization, accumulation, storage, clarification (change), use, depersonalization, blocking, deletion, destruction, transfer of personal data of Clients. The purpose of processing personal data of Clients in all cases is to accept Orders and Payments in pursuance of the Seller's contracts, to which the Clients are parties, and when such processing is necessary to exercise the rights and legitimate interests of the Seller. The aggregator is obliged to comply with the principles and rules for the processing of personal data provided for by the Federal Law of the Russian Federation of July 27, 2006 No. 152-FZ "On Personal Data" and the confidentiality of personal data, to process personal data based on the principle of their maximum possible depersonalization, and ensure the security of personal data during their processing and take sufficient measures to protect them from illegal actions;
3.1.7. through the Service provided by the Guarantor, create conditions for concluding a Safe Deal and ensure the technical exchange of data from the Services;
3.1.8. carry out other procedures within the framework of information technology exchange in order to receive and process Orders and Payments.
3.2. The Seller independently monitors the completeness and timeliness of crediting the accepted Payments by checking the calculations and the amounts received on the account. If any inconsistencies are revealed during the verification, the Seller undertakes to immediately notify the Aggregator about such inconsistencies in writing.
3.3. The Seller assumes responsibility (becomes obligated) to the Users for the execution of sales and purchase transactions executed by the Aggregator in the form of Orders.
3.4. The period during which the Seller is obliged to send (ship) the Order to the User is 3 (three) working days from the end of the order, unless another period is stipulated by a written agreement between the Seller and the User, in particular, but not limited to the case when the Goods are manufactured by the individual order of the User or in other cases when the Seller does not have an objective opportunity to send the Order within the time period specified in this paragraph. In the event that an agreement is concluded between the Seller and the User to increase the time for sending the Order, the Seller is obliged to provide the Aggregator with such an agreement indicating the time frame for sending the Order to the User.
3.5. The seller agrees:
3.5.1. with a decrease in the amount accepted in the form of payments for the Order, commensurate with the cost of not sent, not delivered, returned Goods and Services not provided to Users;
3.5.2. accept and pay off the costs incurred by him as part of the Safe Transaction, in accordance with the terms agreed through the Guarantor with the Buyer;
3.5.3. accept and pay for the services for placing the Seller's advertising materials on the Website, in accordance with the current tariffs established by the Aggregator, and be fully responsible for the information specified in the advertising materials.
3.6. The Seller is obliged to inform the Aggregator no later than 5 (Five) business days before the event, about the change of its details (postal, bank, location address), by sending an e-mail to firstname.lastname@example.org , as well as within 5 ( Five) days from the date of the change, provide the relevant documents confirming the change.
3.7. The seller, in the cases provided for by the current legislation, is obliged to provide the Aggregator with the information and documents necessary to identify the beneficiary, as well as to confirm the economic feasibility of the operations.
3.8. The rights and obligations of Sellers of certain categories of goods or services may be established in the Appendices to the Rules. In the event that such Appendices to the Rules establish rights and obligations that differ from those specified in this section, the terms of the Appendices shall prevail.
3.9. The Seller undertakes to reimburse the Aggregator for the amount of Cancellations, the amount of Refunds, the amount of Invalid transactions, the amount of Chargeback transactions, as well as the amounts of transactions declared by the PS in Incident cycles and deducted from the Aggregator by the Settlement Bank, if all these transactions relate to Payments made by the Payer in favor of the Seller.
3.10. The Seller undertakes to reimburse the Aggregator for the amount of PS fines paid by the Aggregator to the Operator and the Settlement Bank, as well as other losses and expenses incurred by the Aggregator in connection with conductingIncident Cycles for Payments previously made by the Payers in favor of the Merchant, incl. within 180 calendar days from the date of termination of the Agreement for the provision of information technology exchange services in order to organize the acceptance of Payments.
3.11. The Seller undertakes to reimburse the amounts specified in clauses 3.9 and 3.10 of the Rules no later than 3 (three) business days from the date of receipt of the Aggregator's request by e-mail from the Seller, and also agrees to withhold them by the Aggregator when making mutual settlements.
3.12. The Seller undertakes not to allow the prices for the Goods or Services paid through the Payment Cards Aggregator to be exceeded via the Internet over the prices set for the sale / payment of goods or services via the Internet in another way.
3.13. The Seller undertakes, within 3 (three) business days, to provide the Aggregator, upon its request, by fax / e-mail with copies of supporting documents on the provision of services / delivery of goods by the Seller to the Client for the Payments made through the Aggregator.
3.14. The Seller undertakes to ensure that the requirements developed for the Aggregator's Site are met:
3.14.1. Trade in goods / provide services only permitted for sale via the Internet in accordance with the legislation of the Russian Federation and the Rules of the Aggregator;
3.14.2. Not provide the ability to pay from other sites for orders placed on the Site of the Aggregator;
3.14.3. Provide reliable information about the Seller's contact information (full company name, TIN, location address and address for sending mail, telephone, e-mail);
3.14.4. Follow the general procedures for cancellation of transactions / return of goods and money for returned goods;
3.14.5. Carry out Cancellations and Refunds using the Seller's Personal Account or by sending the appropriate command according to the protocol of interaction between the Site and the Processing Center, as well as give orders to the Aggregator and perform other actions provided for by the functionality currently available to the Seller.
3.15. The Seller undertakes not to perform transactions in order to receive payment, without the purpose of providing the Payer with goods / works / services.
3.16. The Seller undertakes to issue / provide goods / works / services, payment for which is carried out using the Payment Card, only if the Aggregator obtains permission from the issuing bank to conduct an expense transaction with the Payment Card.
3.17. The Seller is obliged to ensure the confidentiality of information about the holders of Payment cards and the details of Payment cards that became known to the Seller during the acceptance of the Payment card when paying for goods (work, services), including not transferring them to third parties, except as provided for by the terms of the agreement with Aggregator.
3.18. The Seller undertakes not to demand from the Payer:
· In case of his contact to the Seller (including by mail / e-mail), specifying the details of the Payment card (for example, card number, expiration date, value of CVC2, CVV2, PPK2);
· Refusal to dispute the operation of payment for goods (work, services) performed using the Payment card.
3.19. The Seller is responsible for the actions of its employees, the result of which was an operation (transaction) performed using the details of Payment cards without the consent of the Payer.
3.20. The seller is responsible for the information posted by him or on his behalf on the Site of the Aggregator.
4. Rights and obligations of the Guarantor
4.1. The Guarantor undertakes to provide the services of the Service for the Merchant and the Payer in order to ensure the conditions for creating Safe Transactions and making settlements on them.
4.2. The Guarantor ensures the formation, certification, transmission by the Payer to the Operator of an order to make a Payment.
4.3. Depending on the conditions agreed by the Parties, and according to the information provided by the Carrier through the Aggregator, the Guarantor has the right to include a fee for its services in settlements between the Parties under a Safe Transaction for the Seller or for the Payer.
4.4. The Guarantor independently considers the claims of the Parties under the Safe Transaction and provides an arbitration decision on disputable issues in order to find a solution that will be taken by the Seller and the Payer, taking into account their interests.
5. Rights and obligations of the Agent
5.1. The Agent undertakes to provide the Aggregator with services aimed at attracting Sellers for service on the Aggregator's Site.
5.1.1. To attract Sellers for servicing on the Aggregator's Site, provide the Aggregator with a legal entity's questionnaire drawn up by the Sellera / individual entrepreneur according to one of the forms approved by the Aggregator in the Appendices to the Rules.
5.1.2. Provide the involved Sellers with consulting support on the registration of the Seller on the Aggregator's Site, including initial consulting training of the involved Sellers for servicing on the Aggregator's Site.
5.1.3. When providing services, comply with all the requirements of the current legislation and properly fulfill their obligations.
5.1.4. Within 5 (Five) business days after the end of the Reporting period, generate and send to the Aggregator a Report on attracted clients in the form approved by the Aggregator to the Rules.
5.2. The Agent has the right to use non-confidential information for advertising purposes, for participation in competitions, for accreditations, as well as for other purposes, namely: the name of the Aggregator, the type of activity of the Aggregator and other information.
5.3. The Agent has the right to independently determine the procedure for rendering additional paid services to the involved Sellers. Payment to the Agent by attracted Sellers for services not specified in these Rules is not regulated by the Rules and does not impose additional obligations on the Parties that have acceded to the Rules.
6. Rights and obligations of the Operator
6.1. The Operator, on behalf of the Aggregator, accepts funds from Payers in a non-cash form, incl. using Payment cards and Electronic means of payment, in order to fulfill the Client's monetary obligations to the Seller.
· In cases when the Settlement Bank carries out the refund of accepted payments, the Operator, for the same purposes, accepts requests from the Payers for making Payments, incl. using Payment cards and Electronic means of payment.
· The method of compensation is indicated in the agreement concluded between the Operator and the Aggregator.
6.2. The Operator ensures that Payers are informed about the procedure and conditions for using the Processing Center.
6.3. The Operator is obliged to transfer to the Aggregator and the Settlement Bank the data on each executed Payment without errors and distortions, in order to record the Payments by the Aggregator on the Personal Accounts of Users and Merchants.
6.4. The Operator is obliged to resolve disagreements and eliminate inconsistencies identified by the Aggregator in the data of the Register of Accepted Payments in relation to the transferred amount of funds.
6.5. The Operator has the right to suspend the acceptance of Payments from Payers in favor of the Merchant through the Aggregator using the Processing Center in the following cases:
6.5.1. for the period of the investigation on the grounds specified in the sub-clauses specified below in this clause, immediately notifying the Aggregator of the decision made in any available way, as well as requesting additional information from the Seller about the suspicious Payments using Payment Cards, if the following was previously revealed:
· An increase in the number of Payers unauthorized by the Payers in favor of the Seller;
Exceeding the number of Chargeback cases for a calendar month by more than 20 (twenty) cases, or exceeding the total Chargeback amount by more than 1% (one percent) in the total volume of Payments using Payment cards in favor of the Seller for the previous calendar month.
6.5.2. violation / non-fulfillment by the Aggregator of the Agreement concluded with the Operator;
6.5.3. for the period of routine technical work with the Processing Center, having previously notified the Aggregator by e-mail about such work, indicating the exact time of the beginning and expected end of such work at least one day before the actual date of suspension;
6.5.4. the occurrence of circumstances independent of the Operator that directly make it impossible to accept Payments, having previously notified the Aggregator of such circumstances in writing 5 (five) calendar days before the actual date of suspension of the acceptance of Payments.
6.6. The Operator has the right to analyze (monitor) the information contained in the Payments using the Processing Center in order to identify transactions with Payment Cards unauthorized by the Payers and refuse to process Payments that raise suspicions about their legitimacy.
6.7. The Operator has the right to unilaterally refuse to execute the agreement with the Aggregator if the actions of the Aggregator / Seller as a result of the execution of such an agreement lead to a violation of the PS rules, incl. at the request of the PS.
7. Rights and obligations of the Aggregator
7.1. The Aggregator renders services to the Parties to the Rules in the manner and on the terms specified in the Rules. The list of services is specified in the Rules and Appendices to them.
7.2. The aggregator coordinates the activities of the Parties that have joinedto the Rules related to the acceptance, processing and delivery of Orders and Payments made on the Site and through the Site, and also provides information technology interaction of the Parties that have acceded to the Rules, including but not limited to the following functions:
7.2.1. Creation and introduction of additions and / or changes to the regulatory documents of the Site;
7.2.2. Control over the fulfillment by the Parties of the requirements of regulatory documents, including contracts and agreements concluded between the Parties;
7.2.3. Development of requirements for technological solutions, including the type and order of operation of the Site, the protocol for data exchange between the Operator, Settlement Bank, Aggregator, Carrier, Guarantor and Seller; verification of technological solutions offered by the Parties for compliance with the requirements of the Site and the Rules;
7.2.4. Assistance in placing an Order and a Secure Transaction;
7.2.5. Creation of accompanying documents for the delivery of the Order from the Seller to the Client according to the details specified by the parties.
7.3. The aggregator, on behalf of the Seller and on his behalf, carries out information technology exchange in order to organize the acceptance of payment from the Payer to the Seller.
7.4. The aggregator undertakes not to accept Orders and Payment cards for payment for goods / works / services in the following cases:
7.4.1. The Payer intends to purchase the same product / work / service, the payment operation for which was previously disputed by the Payer (regardless of the reasons for the dispute);
7.4.2. The Aggregator or Seller knows / should have known that the transaction is being performed for fraudulent purposes.
7.5. The Aggregator undertakes to accept and record the Operator's information on accepted Payments on the Personal Accounts of the Clients; Payments must be reflected by the Aggregator on the Personal Accounts of Users in full, in accordance with the information provided by the Operator about accepted Payments.
7.6. The Aggregator provides the Agent with information about the Aggregator and the services provided by the Aggregator to attract Sellers for service on the Aggregator's Site, and also updates such information in case of changes.
7.7. The Aggregator pays remuneration to the Agent in the manner and on the terms established by the Rules and the relevant service agreement.
7.8. The Aggregator undertakes to consider all, without exception, Agreements on the provision of services with Sellers, as well as agreements on termination of these agreements, provided that the person who has declared accession to the Rules has no debt to the Aggregator, Operator, Agent and Carrier for monetary obligations arising from other contracts. The date of the conclusion by the Aggregator of such an agreement is the date of its signing by the authorized representatives of the Aggregator.
7.9. The Aggregator is obliged to transfer to the Seller all the Payments accepted from the Operator in his favor, if the data on the Payment were accepted by the Aggregator to be reflected on the Client's Personal Account within the period specified in the Agreement with the Seller, or within the time specified in the Rules, or by the Order of the Guarantor in accordance with the Terms and Conditions stipulated in the Safe Transaction. In this case, the interest for the use of funds provided for in Article 317.1. Of the Civil Code of the Russian Federation, for the amount of accepted Payments in favor of the Sellers, until such Payments are transferred to the Sellers, are not credited.
7.10. The aggregator is obliged to resolve disagreements and eliminate inconsistencies identified by the Seller in the data of the Register of accepted Payments in relation to the transferred amount of funds.
7.11. In the event that the Operator / Settlement Bank mistakenly credits amounts that are not subject to transfer, the Aggregator has the right to recalculate the amounts of subsequent transfers to the Seller. And if the recalculation cannot be made, the Aggregator sends a notification to the Seller, on the basis of which the Seller, within 3 (Three) working days, refunds the amounts overly credited to the Seller's account.
7.12. The Aggregator is obliged, upon the Seller's request, to provide him with reports / registers on the Seller's Payments by e-mail or in the Personal Account.
7.13. The Aggregator has the right to post materials about the Goods and Services, means of individualization, including the Seller's logo in the form in which it was presented by the Seller, without adjustments or distortions and without charging additional fees on the Aggregator's Website or the websites of the Aggregator's partners, which also contains a link to the official website The seller. Placement is carried out for the period of paid services to the Seller, in the sections of the site, determined at the discretion of the Aggregator or its partner. Such placement of the logo on a gratuitous basis does not pursue the goal of providing services and / or making a profit, is associated with the performance of the Aggregator's contractual obligations to the Seller and is aimed atattracting the interest of Users to the Goods / services of the Seller.
7.14. The Aggregator has the right to withhold the funds received by the Aggregator from the Seller who has a debt to the Aggregator, in the transfer of which the purpose of payment is indicated incorrectly (not in accordance with the requirements of the Rules), until such Seller pays off all existing debts to the Aggregator.
7.15. The Aggregator, while accepting and processing Orders and Payments within the framework of the information technology service of the Seller and on his behalf, has the right to charge the Payer for making a Payment in the amount of such Payment, if the Payment details are incorrectly specified by the Payer, if this led to the Aggregator's refusal to accept and reflecting information about the Payment on the Client's Personal Account. The right to receive remuneration for accepting a Payment arises from the Aggregator upon the expiration of 3 (three) days from the date of such Payment by the Payer, provided that during this period the Payer has not applied to the Aggregator and / or the Operator and / or the Seller and / or the Settlement to the bank to correct the details of the Payment in order to accept the Payment by the Aggregator and reflect information about the Payment on the Client's Personal Account or to return the amount of the Payment. The right to receive remuneration for making a Payment is exercised by the Aggregator at its own discretion.
7.16. The Aggregator has the right to carry out deduction without acceptance from the funds transferred by the Aggregator to the Seller:
7.16.1. Aggregator's remuneration, in accordance with the terms of the relevant agreement and the Rules and in the manner prescribed by such agreement and the Rules;
7.16.2. amounts of Cancellations made by the Seller;
7.16.3. the amount of Refunds made by the Seller;
7.16.4. amounts of Invalid Transactions;
7.16.5. amounts of Chargeback operations;
7.16.6. the amount of remuneration for the Safe Transaction service calculated by the Guarantor;
7.16.7. the amounts of operations declared by the PS in Incident Cycles and withheld from the Aggregator by the Operator;
7.16.8. fines of the PS and other losses and expenses withheld from the Aggregator by the Operator in connection with the Incident Cycles for Payments made in favor of the Seller.
7.17. The Aggregator has the right, without the prior consent of the Seller, to provide the Operator, the Guarantor, the Carrier, the Settlement Bank and the Issuers, upon their request, with information known to the Aggregator related to the details of the Seller (location address, postal address, contact details, bank details) and all other information specified in the Agreement to provide information technology exchange in order to organize payment acceptance, in order to use this information in programs to prevent fraud.
7.18. The Aggregator has the right to suspend the acceptance of Payments from Payers in favor of the Seller using the Processing Center provided by the Operator in case of exceeding the limits and restrictions established by the Agreement for the provision of information technology exchange services in order to organize the acceptance of Applications and Payments concluded by the Aggregator and the Seller.
8. Settlement procedure.
8.1. Aggregator's reward
8.1.1. The Aggregator's remuneration for the provision of information technology exchange services to the Seller in order to organize the acceptance of Payments is calculated in rubles of the Russian Federation as a percentage of the total amount of Payments received in favor of the Seller in the previous calendar month, and / or in the form of a fixed amount.
8.1.2. The rate of the Aggregator's remuneration for the provision of information technology exchange services for the purpose of accepting Payments, as well as the procedure for paying such remuneration to the Aggregator, are established in the relevant Agreement for the provision of information technology exchange services for the purpose of organizing payment acceptance, concluded between the Seller and the Aggregator. Separate provisions on remuneration of the Aggregator may be contained in the Rules and their annexes. The remuneration rate can be changed by agreement between the Seller and the Aggregator or unilaterally by the Aggregator. The aggregator is obliged to notify the Seller of a unilateral change in the remuneration rate by sending an e-mail to the Seller's e-mail address at least 30 calendar days before the expected date of the change in the remuneration rate.
8.1.3. The Remuneration is withheld by the Aggregator from the amounts of Payments transferred by the Aggregator to the Seller. Withholding fees for transactions that were subsequently refunded or canceled are non-refundable.
8.2. Agent remuneration
8.2.1. The Agent's remuneration for the provision of services to the Aggregator for the search, attraction and maintenance of Sellers is calculated in rubles of the Russian Federation as a percentage of the total amount of Payments made in the reporting period, and / andwhether in the form of a fixed amount.
8.2.2. The rate of the Agent's remuneration for the provision of services, as well as the procedure for payment of such remuneration, are established in the Agreement for the provision of services concluded between the Agent and the Aggregator, and can be changed by agreement between the Agent and the Aggregator or unilaterally by the Aggregator.
8.3. The procedure for settlements and acceptance of services rendered for the Aggregator and the Seller.
8.3.1. The Aggregator, within 3 (three) business days from the date of shipment of the Order, established by the date of acceptance of the Accompanying documents (invoice), is obliged to transfer to the Seller's account the Payments received in his favor, minus the remuneration due to the Aggregator and the amounts specified in clause 7.16. 2-7.16.8 of the Rules.
8.3.2. Every month, within 5 (Five) business days from the end of the previous reporting period, the Aggregator draws up an Act on the provision of services in the form of Appendix No. 2.2 to the Agreement for the provision of information technology exchange services in order to organize payment acceptance and sends it to the Seller via EDM.
8.3.3. The Seller undertakes to sign the Act on the provision of services within 5 (Five) working days from the date of its receipt and send one copy to the Aggregator, or send a reasoned refusal to the Aggregator via EDM. If, after 5 (Five) working days from the date of receipt of the Certificate of Services Rendering, the Seller does not send the Aggregator the Certificate of Services Rendered signed by its side and does not provide a written reasoned refusal to sign it, the services under this Agreement are considered to be provided to the Seller in full. volume, and the Act on the provision of services signed
8.4. The procedure for calculating and accepting services rendered for the Aggregator and the Agent.
8.4.1. The Agent is obliged, within 5 (five) business days after the end of the Reporting Period, to generate and send through EDF to the Aggregator the Acceptance and Transfer Certificate of the Agent's services according to the form approved by the Aggregator (Appendix No. 2.5. Of the Rules). The signing of the Act by the Parties means the absence of claims of the Parties to each other for the previous calendar month.
8.4.2. The Aggregator signs the Act of acceptance and transfer of the provided services of the Agent and sends one signed copy to the Agent, or sends to the Agent a reasoned refusal to accept the Act within 5 working days. In the event that, within the period established by this clause of the Rules, the Aggregator does not send a signed copy of the Act to the Agent through EDF, or a reasoned refusal to accept the Act, such an Act is considered accepted by the Aggregator without comment.
8.4.3. The Aggregator, on the basis of the Act of acceptance and transfer of services rendered, pays the Agent a fee by cashless transfer of funds to the Agent's account specified in the service agreement, no later than the 15th day of the month following the reporting one.
9.1. If any of the Parties violates its obligations under the accession agreement, the other Party is released from liability for losses that may arise due to such a violation for the violating Party.
9.2. For non-fulfillment, incomplete or improper fulfillment of obligations, the Parties to the Rules are liable in accordance with the current legislation of the Russian Federation and the terms of these Rules.
9.3. In case of non-fulfillment, incomplete or improper fulfillment by the Party of the Rules of the terms of these Rules, such Party of the Rules undertakes to compensate the losses caused to the other Parties of the Rules.
9.4. The Parties are exempt from liability for non-fulfillment or improper fulfillment of obligations under the Agreement if this failure was the result of force majeure circumstances that arose after the conclusion of the Agreement as a result of extraordinary events that the Party could neither foresee nor prevent by reasonable measures (force majeure).
9.4.1. On the occurrence and termination of force majeure circumstances, a Party that does not fulfill its obligations due to these circumstances is obliged to notify the other Parties in writing about the occurrence and termination of such circumstances within 3 (three) business days. The aggregator, having received such a notification from one of the Parties to the Rules, undertakes to notify the other Parties by posting information on the Site.
9.4.2. Proof of the presence and duration of force majeure circumstances may be documents issued by the competent authorities of the Russian Federation.
9.4.3. A Party that refers to the circumstances specified in clause 9.4 of these Rules and has not fulfilled the obligation provided for in clause 9.4.1 of these Rules to notify the other Party is not entitled to refer to these circumstances in case of non-performance, incomplete or improper performance of its obligations under these Rules ...
9.4.4. After the termination of the circumstances specified in clause 9.4 of these Rules, the Parties aboutare ready to continue to continue to fulfill their obligations to comply with the Rules, unless otherwise provided by an additional written agreement of the Parties.
9.5. The Aggregator is not responsible for the delay in the transfer of Payments to the Seller or remuneration to the Agent if the delay is caused by inaccurate data in the bank details reported by the Seller or the Agent, respectively, or by untimely notification of their change.
9.6. The Aggregator is not responsible for damage caused to Payers, Customers and / or third parties in the event of a violation by the Seller of its obligations to Customers or Payers arising in the process and in connection with the provision of services / sale of goods.
9.7. If the Seller violates the obligations to ship orders to the Clients in full, incl. upward change in the price specified in the Order, based on the information provided by the Aggregator about the Order and in accordance with the amounts transferred from the Client's Personal Accounts of Payments, the Seller is liable in the form of a fine in the amount of 100% of the Order amount, but not less than 5,000 (Five thousand ) rubles for each detected violation.
The Aggregator, in addition to collecting a fine, has the right to suspend the acceptance of Payments in favor of the Seller, if the Seller repeatedly commits similar violations within the period specified in the claim. Confirmation of the Seller's violation of obligations may be claims of Clients, statements on the Personal accounts of Clients in the Aggregator's accounting system, audio and video recordings with explanations of the Seller's employees, data received from the Carrier, as well as other sources.
9.8. The Seller is fully responsible for the quality of goods / services, as well as for the content of any information provided by the Seller to Clients and / or Payers, as well as for the content of information posted by the Seller on the Website and on the Internet in connection with the sale of goods / services, and undertakes to at the first request of the Aggregator (on the date of receipt of the corresponding request through any communication channels), delete any information about the Aggregator posted by the Seller on the Internet.
9.9. The Seller undertakes to reimburse the Aggregator for any losses (including lost profits) if such losses were incurred by the Aggregator in connection with inaccurate information about the Aggregator on the Internet, or in connection with the content of goods / services or information posted by the Seller that is illegal or inappropriate for the purposes of the Aggregator's activities, in any sources, including on the Internet and in any media, if the information posted is of an extremist nature, including if it is related to the propaganda of war, violence, class, national, religious, racial hatred, materials of pornographic content.
9.10. For violation by the Seller of the terms of payment of remuneration to the Aggregator, the Seller pays to the Aggregator a penalty in the amount of 0.1% of the amount of remuneration payable for each day of delay.
9.11. In case of late fulfillment by the Seller of obligations, incl. upon notifying the Aggregator of the change in the Seller's data and in accordance with clause 3.13 of the Rules, the Seller is accordingly liable in the form of a fine in the amount of 5,000 (Five thousand) rubles for each violation. The obligation to prove the fact of sending the data rests with the Seller.
9.12. All orders of the Seller for the implementation of Cancellations, Refunds and other actions transferred to the Aggregator by the Seller using his Personal Account or by sending them the appropriate commands according to the protocol of interaction between the Platform of the Aggregator and the Seller's software product are equivalent to orders made by the Seller in writing.
9.13. The collection of any penalties and penalties, as well as the presentation of a claim for damages is a right, not an obligation, and is implemented by the Parties at their own discretion.
9.14. The Party's right to recover damages and penalties is exercised by sending a written claim to the guilty Party.
9.15. The Parties to the Rules acknowledge and understand that documents received via facsimile, electronic or other communication, including data generated by the Operator's Processing Center (in electronic form or in the form of facsimile messages), as well as electronic and / or facsimile messages of Payment Systems and / or Issuers on transactions carried out using Payment Cards on the Aggregator's Website for the relevant periods of time, are proper written evidence that can be used in courts and arbitration courts, as well as to determine the amounts of funds to be transferred by the Aggregator to the Seller's bank account ...
9.16. In the event of a dispute regarding any operation carried out under these Rules, reports signed by the CEP Aggregator, rePayments in favor of the Seller for the relevant periods of time, as well as the messages of the Payment Systems specified in this clause, sealed by the Aggregator and the Settlement Bank, can be used as written evidence in courts and arbitration courts.
9.17. The Aggregator has the right to set off accounts receivable for all monetary obligations of the Seller, including those arising from agreements concluded by the Seller with the Aggregator not provided for by the Rules, against the amounts to be transferred to the Seller, including the amounts of accepted Payments or remuneration, and also apply the claim procedure for collecting debt.
9.18. Payment of penalties and damages does not relieve the Parties from the proper fulfillment of their obligations and compliance with the Rules.
9.19. The Parties consider the acceptance of the fine by the guilty Party as the signing (including unilaterally) of a report provided for by the Rules or an act, or other document, which reflects the amount of penalties, and / or the execution by the guilty Party of actions aimed at paying off the fine.
10. Validity of the Rules
10.1. The Rules come into force for the Seller and the Agent from the date of signing the agreement of accession to the Rules by the authorized representative of the Aggregator and are valid, unless otherwise provided by such an agreement, until the date of termination of the said agreement on the initiative of either Party, with prior written notification to the other Parties in the following terms:
10.1.1. The Seller / Agent notifies the Aggregator at least 30 (thirty) days prior to the expected date of termination;
10.1.2. The aggregator notifies the Seller / Agent 5 (five) days prior to the expected date of termination.
10.2. The agreement is terminated only if the parties make mutual settlements.
10.3. From the date of termination of the Agreement for the provision of information technology exchange services in order to organize the acceptance of payments with the Seller, the Aggregator's powers to conduct Payments in payment for services and goods of such Seller are terminated. The disconnection of a particular Seller from the functionality of the Site does not affect the rights and obligations of other Parties to the Rules.
10.4. If the basis for the termination of the agreement of accession to the Rules was a significant violation of it by one of the Parties, the other Parties have the right to demand compensation for losses caused by termination.
10.5. The monetary obligations of the Parties, as well as the obligations defining the responsibility of the Parties for violation of the Rules, remain until their full execution.
11. Dates, dates and times
11.1. The deadlines for the fulfillment of obligations by the Parties to the agreements are calculated in working days. If the date of fulfillment of a monetary obligation falls on a non-working day, the date of its fulfillment is postponed to the next working day following the date of fulfillment of the obligation.
11.2. The date and time of any actions of the Party are determined by Moscow time (GMT + 3 hours).
11.3. A written message from either Party is considered to be sent, depending on which event occurred earlier:
a) from the moment the text of the message is published on the Website or the sending of an electronic document representing the specified message;
b) from the moment the message was sent by mail or fax;
c) from the moment of delivery of the written document to the representative of the Party.
12. Confidentiality and security
12.1. The Parties to the Rules undertake to take all necessary measures to secure and protect information and documents exchanged through the Site and on the Site or which are available to the Parties to the Rules in connection with the use of the Site and Site.
12.2. The Parties to the Rules undertake to maintain confidentiality in relation to non-public information about other Parties to the Rules that have become known to the Party of the Rules in connection with the accession to the Rules (including the terms of the agreement of accession to the Rules), authorization data, data of Reports and Acts, except for cases when :
· Such information is publicly available;
· Disclosed at the request or with the permission of the Party to the Rules, which is the owner of this information;
· Is subject to provision to third parties in the amount necessary to fulfill the obligations provided for by the Rules;
· Requires disclosure on the grounds provided for by law, or upon receipt of relevant requests from the court or authorized state bodies;
· In other cases stipulated by the Rules.
12.3. The Parties to the Rules undertake the following obligations:
Not to carry out illegal financial transactions, illegal trade, money laundering operations, and any other operations through the payment service of the Processing Centeractions in violation of the legislation of the Russian Federation;
· To prevent attempts of illegal trade, illegal financial transactions, transactions aimed at legalization (laundering) of proceeds from crime;
· Comply with the terms of Appendix No. 3 of these Rules.
13. Other conditions
13.1. The Aggregator, including on behalf of the Operator or the Settlement Bank, has the right to unilaterally amend the Rules by publishing a document containing information about such changes on the Site. The changes come into force from the moment of publication, unless another date for the entry into force of the changes is additionally determined when they are published.
13.2. All disputes and disagreements arising in the process of executing the Rules are subject to resolution through negotiations. Each of the Parties, after receiving a claim from the other Party, is obliged to satisfy the requirements stated in the claim or send a reasoned refusal within 15 (Fifteen) days. If the arisen dispute is not resolved in a complaint procedure within 15 (Fifteen) days, either Party has the right to apply for a dispute resolution to the Arbitration Court of the Rostov Region.
13.3. The party that acceded to the Rules guarantees that all the terms of the Rules are clear to it and accepted by it without reservations and in full.
13.4. In everything that is not provided for by the Rules and the agreement of accession to the Rules, the Parties to the Rules are guided by the current legislation of the Russian Federation.
13.5. At the request of the Seller / Agent, the Aggregator may be provided with a certified copy of the Rules in the version valid at the time of certification.
13.6. Interest for the use of funds provided for in article 317.1. Of the Civil Code of the Russian Federation are not credited to any funds received by the Aggregator and / or the Settlement Bank in accordance with the Rules. Within the framework of these Rules, article 317.1. The Civil Code of the Russian Federation is not applied.
13.7. The Seller / Agent does not have the right to involve third parties for the execution of these Rules without the written consent of the Aggregator.
13.8. The Aggregator has the right to involve Settlement Banks and legal entities that have their own Processing Centers for the execution of the Rules without the written consent of the Seller / Agent.
13.9. The following Appendices are an integral part of the Rules:
Appendix No. 1.1. Agreement of accession to the INCOmarkt Terms of Service
Appendix No. 2.1 - Sample "Act on the provision of services";
Appendix No. 2.2 - Sample "Statement of offset of mutual claims";
Appendix No. 2.3 - Sample "Reconciliation Act";
Appendix No. 3 to the INCOmarkt Terms of Service "Agreement on Acceptable Use of INCOmarkt Services"