PUBLIC OFFER
to conclude an agreement
for the use of the HiveTaxi software package
and provision of related services
for the use of the HiveTaxi software package
and provision of related services
This document is an official offer of the Limited Liability Company "HiveTaxi", hereinafter referred to as the "Licensor", to conclude an agreement on the terms and conditions set forth below.
1. TERMS AND DEFINITIONS
1.1
The following terms and definitions apply to this document and the relations of the Parties resulting from or connected with it:
1.1.1. Public Offer / Offer
-
the text of this document with all the annexes, amendments and additions to it, posted on the Site and available on the Internet at: https://www.hivetaxi.com/documents/oferta
1.1.2. Agreement
-
a framework agreement, which includes elements of the license agreement and agreement for provision of services, together with all the relevant Binding instruments concluded between the Licensor and the Licensee under the terms of this Offer.
1.1.3. Licensee
-
person who is able to perform the Acceptance of the Offer (in relation to the procedure for concluding the Agreement) or who has performed the Acceptance of the Offer (in relation to the performance of the concluded Agreement).
1.1.4. Products
-
HiveTaxi software package for automation of activities in the field of transport services (taxi), including computer programs (with subsequent modifications) and databases that make up its server and client part, including the Mobile application.
1.1.5. Mobile application
-
a Licensor's computer program, intended for installation and use on the Mobile Device, which constitutes the client part of the Products.
1.1.6. Mobile device
-
an electronic device belonging to the Client, on which it is possible to use Mobile applications for functional purposes in accordance with technical documentation.
1.1.7. Equipment
-
server and / or personal computer equipment of the Licensee, which allows for using the Products for their functional purpose in accordance with the technical documentation.
1.1.8. Client
-
a third person acquiring the Mobile application (the right to use the Mobile Application) for the purpose of its application for the functional purpose under the terms of the End User License Agreement.
1.1.9. Territory of use (Territory)
-
the territory on which the Licensee is authorized to use the Products.
1.1.10. Services
-
services associated with installation of Products, Products technical support, as well as other services under the Agreement provided by the Licensor to the Licensee.
1.1.11. Order
-
a separate request of the Licensee for granting the rights to use the Products or rendering the Services, placed by the Licensee and agreed by the Parties in the manner provided for by this Offer.
1.1.12. License fee
-
remuneration for granting the right to use and / or use of the Products.
1.1.13. Acceptance of the Offer
-
the complete and unconditional acceptance of the Offer by performing the actions specified in the Offer Section 10 by the Licensee, which creates an Agreement between the Licensee and the Licensor.
1.1.14. Licensor's site / Site
-
an automated information system available on the Internet at https://hivetaxi.com, including subdomains.
1.1.15. Personal area
-
personal section of the Site, to which the Licensee obtains access after registration and / or authorization on the Site. The personal account is intended for storage of the personal information of the Licensee, registration of the Orders, viewing of the statistical information about the Orders executed, and reception of notices.
1.1.16. Personal account
-
information about the funds deposited by the Licensee and written off under terms of the performance of the Agreement as payment for the right to use the Products and the Services provided under separate Orders. Access to the Personal account is granted to the Licensee via the Personal area
1.1.17. Reporting period
-
a calendar month during the validity period of the Agreement. The beginning of the first Reporting period is the date of the conclusion of the Agreement, the end of the final Reporting period is considered the final day of the validity period of the Agreement.
1.2.
In this Offer, terms and definitions that are not defined in clause 1.1 of the Offer may be used. In this case, the interpretation of such a term is made in accordance with the text of the Offer. In the absence of an unambiguous interpretation of the term or definition in the text of the Offer, its interpretation should be made through the definitions given: first of all, in the documents forming the Agreement between the Parties, secondarily, in the legislation of the Russian Federation and, subsequently, by the customs of business turnover and scientific doctrine.
1.3.
Any reference in this Public Offer to a clause (section of the Offer) and / or its terms and conditions means a respective reference to this Offer (its section) and / or its terms.
2. SUBJECT MATTER OF THE AGREEMENT
2.1.
The Licensor undertakes to provide the Licensee for a fee with the right to use the Products, as well as to provide the Services under the terms of a simple (non-exclusive) license.
2.2.
Granting of the rights to use the Products and provision of the Services is carried out under the Licensee's Order, which is placed by the Licensee and is agreed by the Parties in the manner provided by this Offer.
2.3.
The name of the Products, the term, the Territory and terms of use, the amount of the License fee, the name of the Services, their cost and terms of delivery, and other necessary terms and conditions of the Agreement are determined on the basis of information provided by the Licensee when placing the Order and are indicated in the invoice issued by the Licensor.
2.4.
A compulsory condition for the conclusion of the Agreement and its execution is Licensee’s unconditional acceptance of and compliance with the requirements and provisions specified in the following documents ("Binding instruments") applicable to the relations of the Parties under the Agreement:
2.4.1. User agreement
posted and / or available on the Internet at https://www.hivetaxi.com/documents/user-agreement and including the general conditions for registration on the Site and its use;
2.4.2. Privacy Policy
posted and / or available on the Internet at https://www.hivetaxi.com/documents/privacy-policy and containing the rules for the provision and use of the Licensee's personal information;
2.4.3. Technical support service regulations
posted and/or available on the Internet at https://help.hivetaxi.ru/links/support-sla, and containing the procedure and conditions for providing technical support services by the Licensor, including service levels (SLA).
2.4.4. Customer support service regulations
posted and / or available on the Internet at https://hivetaxi.com/documents/account-manager-sla, and containing the procedure and conditions for the provision of information and consulting services in connection with the use of the Products.
2.4.5. End User License Agreement
-
the general terms and conditions for licensing the Mobile Applications defined and provided by the Licensor under which the Licensee is entitled to grant the rights to use the Mobile Applications to the Clients.
3. ORDERING PROCEDURE
3.1.
An order is placed by the Licensee in the following ways:
3.1.1.
by sending information required for an Order to the e-mail address support@hivetaxi.ru;
3.1.2.
by completing the Order form on the Licensor's Website, including in the Personal Area.
3.2.
The Order is agreed by the Parties by issuing and paying an invoice that includes the terms of the Order. The invoice is issued according to the form established by the Licensee.
4. LICENSE RIGHTS AND LIMITATIONS
4.1.
Unless otherwise expressly provided for in this Offer, the Licensee is granted the right to use the Products under the terms of a simple (non-exclusive) license in the following ways:
4.1.1.
Reproduction of the Products:
4.1.1.1.
by recording one copy of the server part of the Products in the memory of the Licensee's Hardware performed by the Licensor's authorized employee within the framework of the provision of the Services;
4.1.1.2.
by recording by the Licensee of the number of copies of the Client part of the Products, that strictly conforms to the license terms, in the memory of the Licensee's Hardware, provided that they retain their functional interaction with the server part of the Products in full compliance with the documentation provided by the Licensor.
It is not allowed to reproduce the Products on other types of material carriers; in an amount exceeding the established limits; with the violation of the requirements of the documentation on the joint functional use of the server and client parts.
4.1.2.
Launch and use of the Products shall be according to a functional purpose (application) within and in strict accordance with the requirements and restrictions explicitly expressed in the Agreement.
4.2.
Licensee is granted the right to use Mobile Applications in the following ways:
4.2.1.
Reproduction of Mobile Applications by recording an unlimited number of copies of Mobile Applications to memory of Mobile devices, provided that they retain their functional interaction with the server part of the Products in full compliance with the documentation provided by Licensor.
It is not allowed to reproduce Mobile applications on other kinds of material carriers; with the violation of the requirements of the documentation on the joint functional use of the server and client parts
4.2.2.
Launch and use of mobile applications according functional purposes (application) within and in strict accordance with the End User License Agreement.
4.3.
Sublicensing of Mobile Applications.
4.3.1.
The Licensee has the right to grant the rights to use the Mobile Applications to the Clients within the limits of those rights and those ways of use that are provided for by the Agreement, namely:
- the right to reproduce on a Mobile Device;
- the right to use for its intended purpose.
4.4.
The right to use Mobile Applications and the right to sublicense is granted to the Licensee solely for the purpose of transferring copies of Mobile Applications to Clients for use on the terms and conditions of the End User License Agreement applied by the Licensor. The Licensee undertakes to grant the right to use the Mobile Applications on the terms of the End User License Agreement provided by the Licensor, concluded by the Licensee with the Clients on its own behalf.
4.5.
The Licensee is prohibited from reproducing and applying the Products in violation of the terms of the Agreement, for other purposes, except for the purposes expressly indicated in the Agreement.
4.6.
Except where expressly authorized by the Agreement, including the Binding Instruments, and the documentation for the Products, the Licensee shall not be entitled to:
4.6.1.
modify, adapt and change in any other way the Products and (or) their components, as well as information and related materials received from the Licensor under the Agreement independently or with the involvement of third parties without the prior written consent of the Licensor;
4.6.2.
expose the technology, emulate, create new versions, modify, decompile, disassemble, decrypt, and also perform other actions with the Products aimed at obtaining information on the implementation of algorithms used in them;
4.6.3.
assign or otherwise transfer the rights received in accordance with the Agreement to third parties without the prior consent of the Licensor.
4.7.
Rights and ways of using the Products explicitly not granted / not authorized to the Licensee under the Agreement are deemed to be unauthorized / prohibited by the Licensor.
4.8.
Any copy of the Product on any physical medium, including all components of the Product, executed and applied with violation of the terms of the Agreement, shall be immediately destroyed, the possession of such copy of the Product by the person shall not be considered lawful, the authorization for its use ceases.
4.9.
The rights to the Products, as well as all patents, copyrights, trade secrets and other proprietary rights to or related to the Products, are and will remain in the exclusive ownership of the Licensor, regardless of whether these rights are recognized and protected in accordance with the law of the country where these Products are used.
4.10.
The Licensor will own all rights to any copies, translations, modifications, adaptations or other changes to the Products, including any relating to their improvement and development.
4.11.
The Licensor undertakes to provide modified and / or updated versions of the Products to the Licensee within the terms provided by the Agreement, including the Binding Instruments, provided that the Licensee does not have any debts to the Licensor (positive balance on the Personal Account).
At the same time, the Licensee is granted the right to use the modified and / or updated version of the Products only in the case when the Product Technical Support Service is provided to the Licensee.
The Licensee has the right not to receive modified / updated versions and use versions of the Products preceding the modified and / or updated versions ("obsolete"), however, the Licensor does not guarantee the performance of obsolete versions of the Products. From the moment the copies of the modified and / or updated versions of the Products are transferred, the Licensee obtains the right to use such versions of the Products and at the same time loses the right to use the previous ("obsolete") versions of the Products.
At the same time, the Licensee is granted the right to use the modified and / or updated version of the Products only in the case when the Product Technical Support Service is provided to the Licensee.
The Licensee has the right not to receive modified / updated versions and use versions of the Products preceding the modified and / or updated versions ("obsolete"), however, the Licensor does not guarantee the performance of obsolete versions of the Products. From the moment the copies of the modified and / or updated versions of the Products are transferred, the Licensee obtains the right to use such versions of the Products and at the same time loses the right to use the previous ("obsolete") versions of the Products.
5. PROCEDURE FOR GRANTING LICENSE AND RENDERING SERVICES
5.1
The Licensor transfers copies of the Products to the Licensee in the following order:
5.1.1
One copy of the server part of the Products - by reproduction (installation) on the Licensee's Equipment by an authorized officer of the Licensor in the context of the provision of the Services;
5.1.2
One copy (distribution) of the client part of the Products and the documentation for the Products - by providing the Licensee with access to them through the Internet for self-download.
5.2.
Installation and configuration (debugging) of the server part of the Products is performed on the Licensee's Hardware. The Licensor undertakes to transfer copies of the Products to the Licensee, including services for installing and configuring (debugging) the server part of the Products within 10 (Ten) from the date of payment under the relevant Order, provided that the Licensee provides the necessary information and access to the Licensee's Hardware corresponding to the documentation for the Products.
5.3.
Copies of the server part of the Products are deemed to be transferred to the Licensee from the moment of their reproduction (installation) by the Licensee on Licensee's Hardware.
5.4.
Copies of the Client part of the Products are deemed to be transferred to the Licensee from the moment of providing access to them through the Internet.
5.5.
The procedure, term and other conditions for the provision of the Services are determined by the Binding instruments and the Order agreed by the Parties.
6. REPORTING
6.1.
Within 5 (five) working days from the moment of executing the Order (transfer of copies of the Products, granting the rights to use the Products, completion of the Services), the Licensor is obliged to sign and forward to the Licensee a Report on the services rendered (hereinafter referred to as the "Report"). In the event that the provision of certain Services is of a lengthy nature (the Services are provided over a certain period of time), the Licensor undertakes to draw up and forward to the Licensee a Report no later than 5 (Five) working days of the month following the Reporting Period.
6.2.
The Parties acknowledge and unconditionally agree that the information on the executed Orders is specified in the Report on the basis of the data of Licensee's internal accounting system.
6.3.
The Report is provided by e-mail or by fax of the Licensee. At the request of the Licensee, the Report can be prepared on paper and sent to the Licensee by the Russian Post.
6.4.
The Licensee is obliged to submit written motivated objections (if any) within 5 (Five) working days from the date of sending the Report.
6.5.
If the Licensor does not receive motivated comments on the Report from the Licensee within 5 (five) business days from the date of sending the Report to the Licensee, copies of the Products, the right to use them and the Services are deemed to be provided (rendered) by the Licensor and accepted by the Licensee in full without objections on the final day specified in this clause of the term and are subject to full payment.
6.6.
In the event that Licensee breaches its obligations to pay for the Services or violate any other obligations provided for by the Agreement, the Licensor is entitled not to proceed with the provision of the Services or to suspend the provision of the Services until the complete fulfillment of such obligations by the Licensee.
7. PRICE AND PAYMENT PROCEDURE
7.1.
The amount of the License fee and the cost of the Services are calculated depending on the name, composition and other conditions for the provision of the Products and Services, and are indicated in the invoice issued by the Licensor.
7.2.
The License fee and the cost of the Services under the Agreement are not subject to VAT in connection with the application of the simplified taxation system by the Licensor.
7.3.
The Licensee makes payment under the Agreement on the basis of the invoice issued by the Licensor by an advance payment in the amount of 100% (one hundred percent) of the amount of the License fee and the cost of the Services under the Order.
7.4.
All payments are made in Russian rubles using the bank details or payment services specified in the Licensee's invoice.
7.5.
The Licensee is considered to have fulfilled the obligation to pay under the Contract from the moment of transfer of funds to the settlement account of the Licensor, receipt by the Licensor from the payment service of information about the transfer of payment.
8. WARRANTIES. LIABILITY OF THE PARTIES
8.1.
The Licensor confirms and warrants that
8.1.1.
the Licensor has sufficient rights to use the Products for the conclusion of the Agreement on the basis of this Offer;
8.1.2.
the terms of the Agreement to be concluded do not violate the intellectual property rights and other rights of third parties to the Products or in connection with them.
8.2.
The Licensor provides warranties in respect of the Products and Services to the extent established by the Agreement. Except where expressly stated in the Agreement, including the Binding Intsruments, the Licensor does not provide any additional express or implied warranties with respect to the Products and Services provided under the Agreement.
8.3.
The Licensor guarantees that the Products conform to the use and functionality described in the documentation provided for them, and that the Products do not contain malicious software.
8.4.
The guarantees provided under the Agreement do not apply to any Product that was not serviced in accordance with the recommendations of the Licensor, or was used in a manner different from the one specified in the Agreement, or was used with violations of the operating rules, including use on hardware or in conjunction with software that was not recommended by the Licensor.
8.5.
THE LICENSOR DOES NOT PROVIDE ANY EXPRESS OR IMPLIED SUPPLEMENTARY WARRANTIES REGARDING THE PRODUCTS OR ANY OTHER MATERIALS OR SERVICES PROVIDED UNDER THE AGREEMENT.
8.6.
THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE LICENSOR DEFINITELY DISCLAIMS ANY WARRANTIES AND CONDITIONS, EXPRESSED, IMPLIED, OR ESTABLISHED BY LAW, AS TO THE AGREEMENT, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND SUITABILITY FOR A PARTICULAR PURPOSE.
8.7.
THE LICENSOR DOES NOT WARRANT THAT EACH PRODUCT WILL MEET THE LICENSEE’S REQUIREMENTS, THAT THE PRODUCT WILL OPERATE IN COMBINATION SELECTED FOR USE, OR TOGETHER WITH A VARIETY OF PRODUCTS OF THIRD PARTIES, THAT THE OPERATION OF EACH PRODUCT WILL BE UNINTERRUPTED, THAT THE PRODUCTS ARE FREE OF BUGS AND VULNERABILITIES, OR THAT ANY ERRORS AND VULNERABILITIES IN THE PRODUCT WILL BE TIMELY CORRECTED OR ELIMINATED.
8.8.
THE LICENSOR SHALL NOT BE LIABLE FOR ANY DAMAGES OR HARM CAUSED TO THE LICENSEE OR ANY THIRD PARTY IN CONNECTION WITH THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, REVENUE, DATA, OR THE POSSIBILITY TO USE DATA, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
8.9.
THE LICENSOR SHALL NOT BE LIABLE FOR WAYS, OBJECTIVES AND ALSO POSSIBLE RESULTS OF USE OF THE PRODUCTS.
8.10.
NOTWITHSTANDING ANYTHING THAT IS CONTRARY IN THE AGREEMENT, THE PARTIES HAVE NO RIGHT TO COMPENSATION FOR LOST PROFITS OR ANY OTHER COSTS, INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY BREACH OR TERMINATION OF THIS AGREEMENT.
8.11.
The Licensor is not liable for the losses of the Licensee caused by circumstances that are not covered by the warranty provided under the Agreement. Liability of the Licensor under the Agreement is in any case limited to the compensation of the real damage to Licensee in an amount not exceeding 10% (ten percent) of the License fee or the cost of the Services under the Order in the relevant Reporting Period in which circumstances arose that serve as grounds for bringing to liability.
9. FORCE MAJEURE
9.1.
The Parties are exempted from liability for partial or complete non-fulfillment of obligations under the Agreement, caused by force majeure circumstances that have arisen after its conclusion. To such circumstances, in particular, the Parties refer: natural disasters; natural and industrial disasters; acts of terrorism; hostilities; civil unrest; acceptance by bodies of state power or bodies of local self-government of acts containing prohibitions or restrictions with regard to the activities of the Parties under the Agreement; other circumstances that can not be foreseen or prevented in advance and make it impossible for the Parties under the Agreement to fulfill their obligations.
9.2.
In the event of force majeure circumstances that impede the performance of the obligations under the Agreement, the period for the Parties to fulfill their obligations is postponed proportionally to the time of such circumstances, as well as the time required to eliminate their consequences, but not more than 30 (Thirty) calendar days. In the event that the circumstances of force majeure continue to operate beyond the deadline, or when, upon their occurrence, it becomes evident to both Parties that they will be in effect beyond this time limit, the Agreement ceases to be effective.
10. ACCEPTANCE OF OFFER AND CONCLUSION OF THE AGREEMENT
10.1.
Acceptance of the Offer by the Licensee creates an Agreement between the Licensee and the Licensor (Articles 433, 438 of the Civil Code of the Russian Federation) on the terms of the Offer.
10.2.
Unless otherwise provided for by the conditions specified in the invoice issued by the Licensor, the Acceptance of the Offer is performed by the Licensee by carrying out the following set of actions:
10.1.1.
Order placement;
10.1.2.
payment of advance payment in the established amount under the invoice of the Licensor, issued on the basis of the Order;
10.3.
In the event that the Customer on the Site has activated the option of automatic placement and payment of the Order after the expiration of the rights to use the Products or provide Services under the previous Order, the Acceptance of the Offer is the placement and payment of the Order by the Licensee in automatic mode by the software tools of the
10.4.
The Agreement is considered concluded from the moment of reception by the Licensor of the Acceptance of the Offer.
10.5.
For the avoidance of doubt, the use of the provided Products and Services by the Licensee indicates the conclusion of the Agreement in accordance with the terms of this Offer.
11. VALIDITY AND AMENDMENT OF THE OFFER AND BINDING INSTRUMENTS
11.1.
The Offer comes into force from the moment of posting it on the Licensor's Website and is valid until its withdrawal by the Licensor.
11.2.
The Licensor reserves the right to amend the terms of the Offer and / or withdraw the Offer at any time at its discretion. Information about amendment or revocation of the Offer shall be communicated to the Licensee not less than 30 (Thirty) calendar days before the date of entry into force established by the Licensor for these decisions, at the choice of the Licensor through placement in the Licensee's Personal area, on the Licensor's Website or by sending a notice to the electronic or the postal address specified by the Licensee when entering into the Agreement or during its execution.
11.3.
The Binding instruments specified in the Offer are approved, supplemented and modified by the Licensor at its sole discretion in the manner provided for the Offer.
12. VALIDITY, AMENDMENT AND TERMINATION OF THE AGREEMENT
12.1.
The Agreement comes into force from the moment of the performance of the Acceptance by the Licensee and is valid without limitation of the term.
12.2.
The relations of the Parties under the concluded Agreement are subject to the Offer and the Binding instruments in the current wording.
12.3.
The Agreement can be amended at the initiative of the Licensor by amending the Offer or Binding instruments in the established manner.
12.4.
In case of disagreement with the amendments of the Agreement, the Licensee is entitled to terminate the Agreement in the manner provided for in this Offer. Otherwise, the introduced changes are considered accepted by the Licensee without objection and are subject to execution in full.
12.5.
In the event of the revocation of the Offer by the Licensor, the Agreement shall be deemed terminated on the initiative of the Licensor.
12.6.
The Agreement can be terminated:
12.6.1.
By agreement of the Parties at any time.
12.6.2.
Upon the initiative of the Licensee in the event of disagreement with the amendments of the Agreement, provided that the Licensor is notified in writing of the refusal to perform it until the effective date established by the Licensor for such changes.
12.6.3.
Upon the initiative of any of the Parties, by unilateral refusal to perform it in full or in part in the event of a substantial breach by the other Party of its obligations or guarantees established by the Agreement. The notification of unilateral refusal to perform the Agreement in such a case shall be sent by the Party in writing at least 3 (Three) calendar days prior to the expected date of termination of the Agreement.
12.6.4.
On the initiative of either Party on grounds not related to the amendment of the Agreement or its violation by the other Party by refusing to perform the Agreement fully or in the relevant part by sending the relevant notice to the other Party in writing not later than 30 (Thirty) calendar days prior to the expected date of termination of the Agreement. At the same time, the Licensee is obliged to pay for the Services rendered by the time the Agreement is terminated.
12.6.5.
On other grounds provided for by this Offer or current legislation.
13. CONFIDENTIALITY PROVISIONS
13.1.
The Parties agree to keep the terms of the concluded Agreement and each placed Order confidential, as well as all information received by one Party from the other Party when concluding and executing the Agreement (hereinafter referred to as "Confidential Information"), and shall not disclose, release, make public or otherwise provide such information to any third party without the prior written permission of the Party transmitting this information.
13.2.
Each Party will take all necessary measures to secure Confidential Information with at least the same degree of care with which it secures its own Confidential Information. Access to Confidential Information will be provided only to those employees of each of the Parties, who are reasonably required to perform official duties on the implementation of the Agreement. Each of the Parties will oblige such employees to accept the same obligations to ensure the security of the Confidential Information, which are provided for by the Agreement in respect of the Parties.
13.3.
The processing of the Licensee's personal data (if any) is carried out in accordance with the Licensor's Privacy Policy.
13.4.
The obligation to keep Confidential Information in secret is valid within the term of the concluded Agreement and within 5 (Five) years after the termination of its validity, unless otherwise agreed by the Parties.
13.5.
The fact of the conclusion of the Agreement is not Confidential Information. Without disclosing Confidential Information, each Party shall have the right to include in its marketing materials information on the fact of concluding the Agreement with the other Party.
14. AGREEMENT OF THE EQUIVALENT TO THE HANDWRITTEN SIGNATURE
14.1.
The Parties have the right to use facsimile reproduction of a signature or a simple electronic signature when signing the Agreement, placing Orders, invoicing, and sending notices under the Agreement.
14.2.
Documents can be exchanged between the Parties by facsimile or by e-mail. In this case, the documents transferred in this manner have full legal force, provided that there is confirmation of the delivery of the message to the recipient.
14.3.
When using e-mail by the Parties, the electronic document sent by means of it is considered to be signed by a simple electronic signature of the sender, created using its e-mail address.
14.4.
If an electronic document is send by e-mail, the recipient of the electronic document determines the person who signed such an e-mail by the e-mail address used.
14.5.
In addition, the Licensee has the right to sign electronic documents transmitted within the framework of using the Site, by a simple electronic signature created with the use of its login and password specified during registration and / or authorization on the Sit
14.6.
When the Licensee performs any actions on the Site, the Licensor determines the Licensee to which a simple electronic signature corresponds, according to the used username and password specified when registering / authorizing on the Site.
14.7.
By agreement of the Parties electronic documents signed by a simple electronic signature are recognized as equivalent to documents on paper carriers signed by a handwritten signature.
14.8.
Any actions performed using a simple electronic signature of the Party shall be deemed to be committed by such Party.
14.9.
The Parties undertake to respect the confidentiality of the electronic signature key. In particular, the Licensee does not have the right to transfer their login and password or provide access to their e-mail to third parties, and is fully responsible for their safety and individual use, independently choosing the way they are stored and access restrictions to them.
14.10.
In case of unauthorized access to the login and password, their loss or disclosure to third parties, the Licensee shall immediately notify the Licensor thereof by sending an e-mail from the e-mail address indicated when using the Site.
14.11.
In case of loss or unauthorized access to e-mail, the address of which is indicated when using the Site, the Licensee is obliged to immediately replace such address on the Site with a new one and report this fact to the Licensor by sending an e-mail from the new e-mail address.
15. OTHER TERMS AND CONDITIONS
15.1.
The agreement, its conclusion and execution is regulated by the current legislation of the Russian Federation. All issues not regulated by the Offer or not fully settled are regulated in accordance with the substantive law of the Russian Federation.
15.2.
Disputes associated with the Offer and / or the Agreement shall be resolved in a preliminary claim procedure. If the Parties fail to reach agreement, the disputes shall be considered in the arbitration court at the location of the Licensor.
15.3.
Any notifications under the Agreement, unless otherwise provided by the Offer, may be sent by one Party to the other Party:
1) by e-mail: to the e-mail address of the Licensee indicated when completing the Order or using the Site; to the e-mail address of the Licensor specified in this Offer;
2) by fax;
3) by mail with a notice of delivery or courier service with confirmation of delivery.
1) by e-mail: to the e-mail address of the Licensee indicated when completing the Order or using the Site; to the e-mail address of the Licensor specified in this Offer;
2) by fax;
3) by mail with a notice of delivery or courier service with confirmation of delivery.
15.4.
In the event that one or more provisions of the Offer or the Agreement are for any reason invalid, ineffective, such invalidity does not affect the validity of any other provision of the Offer or the Agreement that remain in effect.
15.5.
Not contradicting the terms of the Offer, the Parties are entitled at any time to formalize the concluded Agreement in the form of a written document expressing the content of the Offer valid at the time of its preparation, the Binding instruments specified therein and the Order placed.
16. DETAILS OF THE LICENSOR
LLC “HiveTaxi”
INN 5507249957 KPP 550701001
Address: 644010, Omsk Region, Omsk, Uchebnaya str, bld. 83, apt. 302.
INN 5507249957 KPP 550701001
Address: 644010, Omsk Region, Omsk, Uchebnaya str, bld. 83, apt. 302.
Published: May 1st, 2018