TERMS OF USE

1. GENERAL PROVISIONS

1.1 Desktop LTD (hereinafter referred to as «SERVERS.CLICK») offers to the Internet user (hereinafter referred to as the User) its service as a platform to access the cloud server, where the User may allocate and store his data (hereinafter referred to as the "Service"), under the conditions set forth in this Terms of Use and all Appendixes hereto. The Terms of Use enter into force from the moment the User accepts it as provided for by clause 1.4 hereof. Cloud server, files and databases storage are co-located in data centers not lower than Tier3 provided by of MTS Armenia, LTD. 

 1.2 Internet address of the Service is https://portal.servers.click/

 1.3. The use of the Service is regulated by this Terms of Use and Privacy Policy. The Terms of Use may be changed by SERVERS.CLICK without a special notice, the new edition comes into force from the moment of its posting on the Internet on the page indicated in this paragraph unless otherwise provided by the new version of the Terms of Use. The current version of the Terms of Use is always available on the page https://servers.click/terms-of-use-en/

 1.4. By starting to use the Service or having got registered in the Service, the User is considered to have accepted the Terms of Use and the Privacy Policy in full without any reservations or exceptions. In case of the User’s disagreement with any of the provisions of the Terms of Use, the User is not entitled to use the Service. In case SERVERS.CLICK made any changes to the Terms of Use in accordance with paragraph 1.3 hereof, which the User does not agree with, he must stop using the Service.   

2. USER REGISTRATION. USER ACCOUNT

2.1. To use the Service, the User must get registered in the Service, and a unique account will be created for him. 

 2.2. To get registered the User undertakes to provide the accurate and complete personal information in the registration form, including a login (mobile number) unique to each User and a password to access SERVERS.CLICK, as well as to keep this information up to date. 

 2.3. SERVERS.CLICK reserves the right at any time to demand the User to confirm the data provided during registration (in particular the phone number), the failure to provide this information might be considered by SERVERS.CLICK as the provision of false information and bring about the consequences referred to in clause 2.4 hereof. 

 2.4. In case the User’s data specified in the documents provided by him does not correspond to the data provided during registration process, and also in case when the data provided during registration does not allow to identify the User, SERVERS.CLICK reserves the right to refuse the User’s access to the account and restrict the usage of the Service. If the User provides false information or if SERVERS.CLICK has reason to believe that the information provided by the User is incomplete or unreliable, SERVERS.CLICK has the right to block or delete the User’s account at its discretion and refuse the User to use the Service. 

 2.5. The personal information of the User contained in the User's account, as well as used by him while working with the Service, is stored and processed by SERVERS.CLICK in accordance with the Privacy Policy. 

 2.6. To complete the registration the User inputs a mobile phone number and access password received in SMS message from SERVERS.CLICK, then creates and confirms the password, and after that gets access to his account. If necessary, the User may change the access password to the Service from his member account. 

 2.7. The User ensures the privacy of his password by himself. The User is responsible for all actions (as well as their consequences) while using the Service under the member account, including cases of voluntary transferring by the User of the data necessary to access to the User's account to third parties on any conditions (including under contracts or agreements). At the same time, all actions while using the Service under the User’s account are considered to be performed by the User himself, except when the User informs SERVERS.CLICK in accordance with clause 3.4 about unauthorized access to the Service with the use of the User’s account and / or about any violation (suspicions of the violation) of the privacy of his password.    

3.  USER'S RIGHTS AND OBLIGATIONS

3.1. The User acknowledges and agrees that SERVERS.CLICK is not obliged to check the correctness of the data provided by the User. 

 3.2. When using SERVERS.CLICK Services, the User shall not: 

3.2.1. Pretend to be another person or representative of an organization and/or community without having sufficient rights; 

 3.2.2. Contribute to actions aimed at violating the restrictions and prohibitions imposed by the Terms of Use; 

3.2.3. Use any devices, computer programs, as well as other automatic devices or human’s operated processes, intended for: 

 3.2.3.1. Tracking or copying SERVERS.CLICK Internet pages or their contents without prior written permission of SERVERS.CLICK; 

 3.2.3.2. Interventions or attempts to interfere with the normal operation of SERVERS.CLICK. 

3.2.4. Performing actions leading to excessive or unreasonable loading of the SERVERS.CLICK’s infrastructure; 

 3.2.5. Copy, reproduce, modify, supplement, distribute (including public demonstration) for commercial or other purposes the contents of SERVERS.CLICK site (or any part thereof), as well as create derived objects on its basis without prior written permission of SERVERS.CLICK. Exceptions to the requirements of this clause are the packages of documents formed by the Service for the User; 

 3.2.6. Collect and store unauthorized personal data of other people; 

3.2.7. Place in any public area of the site contacts of third parties, including telephone, email address, other means of communication; 

 3.2.8. Place on SERVERS.CLICK information that is prohibited by the current Russian legislation and international law; 

 3.2.9. Violate the norms of the law, including the norms of international law in any other way. 

 3.3. The User has the right to delete his account at any time, using the SERVERS.CLICK feedback form. 

 3.4. The User must immediately notify SERVERS.CLICK about any unauthorized (not allowed by the User) access to the Service using the member account and/or any violation (suspicions of violation) of the confidentiality of his password. For security reasons, the User must perform a safe shutdown of his account (“Log out” button) after each session of work with the Service. SERVERS.CLICK is not responsible for any possible loss or damage of any data, as well as other consequences of any nature that may occur due to the violation by the User of the provisions of this part of the Terms of Use. 

 3.5. In case the User installs any software which is not included in the cloud server, the User must guarantee that he has lawfully acquired the rights and licenses for installation and use of such software. In case of installation of unlicensed ("pirate") software or if installation and use of the software violates the rights of third parties, the User shall be fully responsible to such persons in accordance with the applicable law. 

 3.6. The User is solely responsible to third parties for his actions related to the use of the Service, including if such actions violate the rights and legitimate interests of third parties. 

 3.7. The User must protect SERVERS.CLICK at his own expense from all claims (requests) and to compensate SERVERS.CLICK for damages resulting from such claims, in case any third party brings claims on SERVERS.CLICK that are partly or in a whole based on the statement that SERVERS.CLICK performs actions with third party data that violate the rights of such third party. 

4. SERVERS.CLICK'S RIGHTS AND OBLIGATIONS

4.1. SERVERS.CLICK is entitled to block or delete the User’s account, as well as to prohibit access to the Service through any account and remove any content without giving reasons if the User violates the Terms of Use or the terms of other regulations stipulated hereby and in the following cases: 

 4.1.1. Actions aimed at restricting or hindering other Users from accessing the Service, as well as attempts of unauthorized access to SERVERS.CLICK Service and/or other information resources not owned by the User, available through the Internet; 

 4.1.2. Distribution via the Internet of any information that contradicts the requirements of the legislation of the Russian Federation or international law; 

 4.1.3. Publication or transmission of any information or software that contains computer viruses or other components equal to them; 

 4.1.4. Actions aimed at sending, publishing, transmitting, reproducing or distributing in any way the software or other materials obtained in whole or in part by means of the Service, protected by copyright or other rights, without permission of the owner, as well as sending, publishing, transmitting or distributing in any way any component of the Service provided or work created on its basis, since the Service itself is also subject to copyright and other rights, if there is a written demand to limit the listed actions coming from the owner of such rights; 

 4.1.5. Sending of commercial and other electronic messages that are previously inconsistent (not requested) with its recipient ("SPAM"); 

 4.1.6. Publication and transmission via the Internet of any information prohibited by applicable Russian or international law (responsibility provided for by art. 242 of the Criminal Code of Russian Federation). Due to the lack of legally established methods for determining whether a particular image is pornographic or not, SERVERS.CLICK reserves the right to make such a determination itself; 

 4.1.7. In other cases provided by applicable law, or on the basis of a request from law enforcement authorities or other authorized bodies of Russian Federation. 

 4.2. SERVERS.CLICK is entitled to set restrictions for the use of the Service for all Users or for individual Users (for example, depending on the location of the User, etc.), including restrictions on: the maximum number of requests to the Service for a specified period of time, the maximum period of content / sets of documents’ storage, on the access conditions to the Service, etc. SERVERS.CLICK may prohibit automatic access to the Service, as well as stop receiving any information generated automatically (for example, mail spam or auto-complete forms). 

 4.3. SERVERS.CLICK is entitled to send information messages to its Users, as well as messages containing information about the products and services of SERVERS.CLICK’s partners. 

 4.4. SERVERS.CLICK is not responsible for the data accuracy provided by the User while using the Service and is not obliged to check if the data provided by the User is true. 

 4.5. SERVERS.CLICK is not responsible for any information, materials posted on third parties’ sites to which the User gets access using the Service. SERVERS.CLICK’s Service may contain links to other sites on the Internet (third party sites); Third parties and their content are not checked by SERVERS.CLICK for compliance with any requirements (reliability, completeness, legality, etc.). A link (in any form) to any website, product, service, any commercial or non-commercial information posted on the Service is not SERVERS.CLICK’s approval or recommendation of these products (services, activities). 

 4.6. SERVERS.CLICK is responsible for advertising placed on SERVERS.CLICK ’s services, within the limits established by the legislation of Russian Federation. 

5. SERVERS.CLICK'S EXCLUSIVE RIGHTS FOR CONTENT

5.1. All objects accessible via the Service, including design elements, text, graphics, databases, finished documents in XLS, XLSX, DOC, DOCX formats and other objects, as well as any content placed on the Service, are objects of exclusive rights of SERVERS.CLICK and other copyright holders. 

 5.2. The use of the Service and any other elements of the Service is possible only within the functionality of the Service. Any elements of the Service, as well as any content hosted on SERVERS.CLICK’s services, cannot be otherwise used without the prior permission of SERVERS.CLICK. Usage includes distribution on any basis, display in the frame. The exceptions are the cases expressly provided for in the legislation of Russian Federation or the conditions for using SERVERS.CLICK’s Service.

 5.3. The use by the User of elements of the Service’s content, as well as any content for personal non-commercial use is allowed provided that all marks of copyright protection, related rights, trademarks, other notices of copyright are preserved, the name (or alias) of the author/name of the right holder is kept unchanged, the corresponding object is kept unchanged.  

6. TARIFICATION AND TERMS OF PAYMENT 

6.1. The cost of using the Service (including VAT 20%) is determined in Appendix No. 1 “List and Cost of Services”, which is an integral part hereof . 

 6.2. The Reporting period for using the Service is a calendar month (hereinafter referred to as the Reporting period). 

 6.3. The Service cost is priced is rubles per month per server. 

 6.4. In case of using the Service for incomplete Reporting period, the cost is calculated based on the actual number of full calendar days of usage in the Reporting period. 

 6.5. The day of connection/disconnection of the Service is included in the calculation of the cost of the Service in the relevant Reporting period as a whole day of using the Service. 

 6.6. SERVERS.CLICK is entitled to change the cost of connection to SERVERS.CLICK ’s Service unilaterally. During the first connection, the price is valid for the moment when the “Pay” button is clicked in the member account at the last stage of connection. Starting from the second connection, the price is calculated on the last day of the month proceeding the month of connection to the Service. At the same time, the price for the services paid by the User is not subject to change. 

6.7. In case the User does not pay for the Service, as provided by Section 7 hereof, SERVERS.CLICK reserves the right to temporarily block User’s access to the Service for 14 calendar days or until the User pays for the Service. 

 6.8. During the temporary blocking of the User’s access to the Service, SERVERS.CLICK stores information and data placed by the User on the cloud server.

 6.9. In case the User does not pay for the Service within 14 calendar days from the moment of temporary blocking of access to the cloud server, SERVERS.CLICK reserves the right to delete information and data placed by the User on the cloud server. 

 6.10. SERVERS.CLICK notifies the User about tariffs changes by publishing a corresponding message in the user's member account at least 14 (fourteen) calendar days before changing or introducing new tariffs. 

 6.11. Payment is made by bank cards added to the User's member account. Bank cards of the main payment systems are accepted for payment: MasterCard, VISA, MIR, Union Pay. 

 6.12. A bank card is automatically added to the User's member account after the first payment is processed. The User agrees that the second and subsequent payments will be made using the “AUTO PAYMENT” function. 

 6.13.To get connected to the Service 100% prepayment is needed. 

 6.14. The payment mode using bank cards is described in the "My Payments" section of member account. 

 6.15. Bank card payments, as well as electronic means of payment with reference to bank cards have the following characteristics: 

 6.15.1. In accordance with the provision of the Central Bank of Russian Federation No. 266-P "On the Issue of Bank Cards and Transactions Made using Payment Cards" dated December 24, 2004, bank card transactions are performed by cardholder or by a person authorized by the power of attorney. 

6.15.2. The authorization of bank card transactions is carried out by the bank. If the bank has reason to believe that the operation is fraudulent, the bank is entitled to refuse to carry out this operation. Fraudulent operations with bank cards are subject to Article 159 of the Criminal Code of Russian Federation. According to Article 159 of the Criminal Code of Russian Federation theft of other's property or the acquisition of the right to other's property by deception or abuse of trust is considered fraud and punished by a fine up to 120,000 rubles or in the amount of the salary or other income of the convicted person for the period up to 1 year, or community service for up to 360 hours, either corrective labour for up to 1 year, or arrest for up to 4 months, or restriction of liberty for up to 2 years, or compulsory works for up to 2 years, or imprisonment for up to 3 years. 

 6.15.3. Bank card payments are accepted and processed by electronic payment provider SBERBAN PLC via SSL enciphering. SERVERS.CLICK does not process, collect or store the User’s bank cards data. 6.15.4. Payment is processed within a few minutes and is displayed in the User's member account. 6.15.5. Making a bank card payment, the User agrees that the cash receipt will be sent to him electronically by email (link to download the PDF cash receipt ) to the User's member account . 

 6.15.6. Possible reasons for refusal to authorize a User’s bank card are as follows: 

 6.15.6.1. The issuing bank does not support 3D-Secure technology; 

6.15.6.2. There is not enough funds on the card; 

6.15.6.3. The bank prohibited online payments; 

6.15.6.4. Data entry timed out; 

 6.15.7. The User’s required actions in case of payment authorization refusal are the following: 

6.15.7.1. Retry making payment; 

6.15.7.1. Contact the card issuing bank; 

6.15.7.1. Pay with another bank card.   

7. CONNECTING AND DISCONNECTING SERVICES

7.1 In order to connect the services, the User must select the required number of cloud servers and storage amount in "My Services" section of his member account. The cost for the selected services will be calculated automatically and charged in accordance with Section 7 hereof. Services are connected on the day of payment. 

 7.2 In order to disconnect the services, the User must reduce the number of services to the required number in "My Services" section of his member account, and changes will take effect from the first day of the next Reporting period. 

 7.3 If the size of the User’s files and/or 1C databases exceeds the amount of storage allocated (500 GB), the additional amount will automatically be connected from the moment the files exceed the specified limit and will be paid in "AUTO PAYMENT" mode in accordance with article 6.12 hereof.

8. REFUND

8.1 The Service is considered to be provided at the moment of prepayment for the Reporting period. SERVERS.CLICK does not return funds for providing access to the Service in case of any possible claims. SERVERS.CLICK works with the maximum qualification and makes every effort to ensure effective use of the Service. The User’s disagreement with the Service provision terms is not a reason for a refund. 

8.2. In case of necessary suspension of the Service usage due to a technical failure, the time of using the Service is extended for the time of such suspension. If it is impossible to continue providing the Service under the terms hereof, SERVERS.CLICK shall refund the unused advance payment at the request of the User. 

8.3. To request a refund, the User should send a request to info@servers.click. All applications are processed within 7 (seven) calendar days. Refund is carried out within 30 (thirty) calendar days after SERVERS.CLICK approved the refund request. The funds will be returned to the bank card which was used for payment. 

 8.4. In case any User was blocked by SERVERS.CLICK for violation of this Terms of Use, the funds for the paid period are non-refundable. In this case, the advance payment for the next Reporting period shall not be debited from the User’s bank card.  

9. SERVICE USE WAIVER

9.1. If the User intends to refuse to extend using the Service for a new period, he must reduce the number of servers to 0 (zero), as well as the amount of 1С databases storage and file storage to 0 (zero) in the member account not later than 23:59 of the last day of the Reporting period. In this case the advance payment for the next Reporting period shall not debited from the User’s bank card.

9.2 If the User does not wish to use the Service in the new Reporting Period, he should delete the added bank card in his Member Account. In this case, "Autopayment" will not be processed.

10. LIMITATION OF LIABILITY

10.1. The Service is provided "as is". SERVERS.CLICK does not accept responsibility for the compliance of the Service with the goals, requirements and expectations of the User. 

 10.2. The User is solely responsible for the possible consequences of using any information and materials (including downloaded documents, letters, instructions, etc.), access to which the User obtains using SERVERS.CLICK’s Service, and also for the damage that may be caused to the User or third parties and for the loss of data, time, money or any other harm. 

 10.3. SERVERS.CLICK is not responsible for any damages resulting from the use and / or inability of the User to use the SERVERS.CLICK’s Service or individual parts/functions of SERVERS.CLICK’s Service. 

 10.4 SERVERS.CLICK is entitled to suspend access to the Service and is not responsible for the incidents and other circumstances that resulted in the inaccessibility (partial inaccessibility) of the Service due to the following reasons: 

 10.4.1. Carrying out planned, urgent, technical, emergency works in case that works are carried out after the due notification was delivered to the User in the member account of SERVERS.CLICK’s Service; 

10.4.2. Any delays and interruptions occurring due to defects in any electronic or mechanical equipment and/or software, or other objective technological reasons, as well as the result of actions or omissions of third parties, problems in data transmission or connection, power outages, on condition that the above mentioned events were not the fault of SERVERS.CLICK; 

 10.4.3. Suspended or terminated access to the Service agreed with the User, including for changing the parameters of the Service; 

 10.4.4. Intentional or unintentional actions of the User, including changing the settings of the software by the User, directly or indirectly affecting access to the Service, made without the consent of SERVERS.CLICK; 

 10.4.5. Refusal or failure of the User to provide assistance to SERVERS.CLICK in establishing and eliminating Incidents; 

 10.4.6. Violation by the User of this Terms of Use; 

10.4.7. Inoperability or incompatibility of the software and / or hardware of the User with the Service. 

11. PRIVACY POLICY

11.1. SERVERS.CLICK does not disclose personal information of Users to companies, organizations and individuals not associated with SERVERS.CLICK. The exceptions are the cases listed below and the User agreed with them. SERVERS.CLICK may provide information about Users to companies, organizations or individuals not associated with SERVERS.CLICK, if Users have given their consent to this. To disclose special categories of personal data SERVERS.CLICK requests consent from Users. SERVERS.CLICK provides personal data to SERVERS.CLICK’s affiliates and other trusted companies, as well as to individuals for processing on behalf of SERVERS.CLICK; however, such processing is carried out in accordance with SERVERS.CLICK’s instructions, privacy policy and other applicable privacy and security requirements. 

According to legislative requirements, SERVERS.CLICK provides users data to companies, organizations or individuals not related to SERVERS.CLICK, in case SERVERS.CLICK conscientiously believes that it is necessary to obtain, use, retain or disclose such information in order to: 

 - fulfill the requirements of the law, court decision or enforce a request of a government institution; 

 - enforce the Terms of Use or investigate possible violations; 

 - identify, suppress or otherwise prevent fraud, and fix technical or security problems; 

 - protect the rights, property or security of SERVERS.CLICK, our Users or the society as a whole, as required and allowed by the laws of Russian Federation and/or international legislation.

12. OTHER PROVISIONS

12.1. This Terms of Use is a contract between the User and SERVERS.CLICK regarding the procedure for using the Service. 

 12.2. This Terms of Use shall be governed by and construed in accordance with the laws of Russian Federation. Issues not settled by this Terms shall be resolved in accordance with the legislation of Russian Federation. All possible disputes arising out of the relations regulated hereby shall be settled in court in Moscow according to the legislation of Russian Federation. Herein, unless expressly indicated otherwise, the term "legislation" shall mean the legislation of Russian Federation. 

 12.3. Nothing in the Terms of Use can be understood as the establishment between the User and SERVERS.CLICK of agency relations, partnership relations, relations for joint activities, personal employment relations or some other relationship not explicitly provided for by the Terms of Use. 

 12.4. If for various reasons one or more of the provisions hereof are declared invalid or having no legal force, this will not affect the validity or applicability of the remaining provisions of the Terms of Use. 

 12.5. SERVERS.CLICK’s inaction in case of violation by the User or other users of the provisions hereof does not deprive SERVERS.CLICK of the right to take appropriate actions to protect its interests later, and also doesn’t mean a waiver by SERVERS.CLICK of its rights in case of similar possible violations in future.    

APPENDIX №1 "LIST AND COST OF SERVICES"

1.Cloud server – 23 990 rubles per month including VAT (20% - i.e. 3 998,33 rubles). 

The cloud server includes 8 cores (vCPU), 32 GB RAM (vRAM), 500 GB of file storage (SSD), Windows Server 2016, RDP access licenses, and 1С for all users who connect to the server as part of the server 's processing power limitations. 1С configurations provided to cloud server users include 1С Accounting 8 PROF, 1C: Salary and Personnel Management 8 PROF, 1C: Trade Management PROF 8, 1C: Management of our firm 8 PROF. 

 At the request of the User SERVERS.CLICK may provide other 1С configurations. 1С databases storage is not included and is subject to payment in accordance with Clause 2 hereof; 

 2. 1C databases cloud storage — 890 rubles per month including VAT (20% - i.e. 148,33 rubles) for every 25 GB (SSD) 

 3. Extra files cloud storage— 590 rubles per month including VAT (20% - i.e. 98,33 rubles) for every 50 GB (SSD) 

APPENDIX №2 "RULES OF PROMOCODES USAGE"

1. Promocode - a sequence of letters and/or numbers, which provides a discount to Promocode holder when entered in the corresponding field on the Site at order. The promocode may be delivered electronically via the Internet. 

2. Promocode holder - a user who has temporary possession of the promocode and produced it for execution in member account on the website or in SERVERS.CLICK mobile application. 

3. The promocode might be received: 

    a. from a partner or other customer for primary use of SERVERS.CLICK service; 

    b. After User 's personal consultation; 

    c. Upon completion of the questionnaire for improvement of SERVERS.CLICK quality of service; 

    d. during promotionals of SERVERS.CLICK. 

4. Bonus - the amount by which the cost of SERVERS.CLICK services may be reduced. The bonus amount is calculated according to the promocode face value.

5. Promocodes may have different denominations depending on the conditions of their acquisition. The nominal value is specified in the member account of the user at the moment of promocode activation. 

6. The condition of using the bonus is a discount of up to 50% of the cost of the purchased service. If you debit bonuses, 1 bonus is equivalent to 1 ruble. 

7. The promocode holder can activate the code only once. 

8. The unused bonus amount is credited to your member account and can be used to pay for the following orders. 

9. It is not allowed to receive bonuses on promocodes in cash equivalent. 

10. To activate the promocode, open your member account at SERVERS.CLICK Portal, go to My Payments section and after selecting the required services, enter the appropriate promocode in a special field of Promocodes tab and click Apply. The cost of services will be recalculated only after successful application of the code. 

11. The use of Promocode implies the full agreement of the Promocode holder with this Terms of Use. 

12. If you cancel the ordered service for any reason, the redeemed bonuses are not restored. 

13. SERVERS.CLICK has the right to unilaterally change the rules of promocodes usage. 

14. SERVERS.CLICK has the right to set the promo code validity period. The promocode can only be used for a certain period of time. At the end of the specified period the Promocode expires. 

15. In case there are questions when using Promocode, please contact 8 (800) 250 26 25 16. Desktop.Rent reserves the right to unilaterally make any changes to these Rules at any time. Сhanges are posted at www. SERVERS.CLICK. The Promocode holder should independently monitor changes in the Rules. 

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