TERMS OF USE

1. GENERAL PROVISIONS

1.1 Desktop LTD (hereinafter referred to as “DESKTOP.RENT”) offers to the Internet user (hereinafter referred to as the User) its service as a platform to access to the remote desktop, with the following placing and storing on this Remote Desktop of the data necessary for the User (hereinafter referred to as the "Service"), under the conditions set forth in this Terms of Use (hereinafter referred to as the "TU"). The Terms of Use enters into force from the moment the User agrees to its terms in the manner provided for by clause 1.4 of the Terms of Use.

1.2 Service Address on the Internet https://portal.desktop.rent

1.3. The use of the Service is regulated by this Terms of Use and Privacy Policy. The Terms of Use can be changed by Desktop.Rent without a special notice, the new edition of the Terms of Use comes into force from its posting on the Internet on the address indicated in this paragraph if otherwise is not provided for by the new version of the Terms of Use. The current version of the Terms of Use is always available on the page at the address https://desktop.rent/terms-of-use-en/

1.4. By starting using the Service or having passed the registration procedure in the Service, the User is considered to have accepted the terms of the Terms of Use and the Privacy Policy in full without any reservations or exceptions. In case of the User disagreement with any of the provisions of the Terms of Use, the User is not entitled to use the Service. In case DESKTOP.RENT made any changes to the Terms of Use in accordance with paragraph 1.3 of the Terms of Use, with which the User does not agree, he is obliged to stop using the Service.

2. USER REGISTRATION. USER ACCOUNT

2.1. To use the Service, the User must complete the registration procedure in the Service, as a result of which a unique account will be created for the User.

2.2. The User undertakes to provide for registration accurate and complete personal information on the issues proposed in the registration form, including a login (mobile number) unique to each User and a password to access DESKTOP.RENT, as well as to keep this information up to date.

2.3. DESKTOP.RENT reserves the right at any time to require the User to confirm the data provided during registration (in particular the phone number), the failure to provide this information at be, at the discretion of DESKTOP.RENT, equated with the provision of inaccurate information and entail the consequences referred to in clause 2.4 Terms of Use.

2.4. In case the User data specified in the documents provided by him do not correspond to the data specified during registration, and also in the case when the data provided during registration do not allow identifying the User, DESKTOP.RENT has the right to refuse the User’s access to the account and usage of the Service. If the User provides inaccurate information or DESKTOP.RENT has reason to believe that the information provided by the User is incomplete or unreliable, DESKTOP.RENT 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 when working with the Service, is stored and processed by DESKTOP.RENT in accordance with the terms of the Privacy Policy.

2.6. When registering, the User independently inputs a mobile phone number and access password from an SMS message received from DESKTOP.RENT, then comes up with a password and confirms the password, and then gets access to his new account. If necessary, the User can change the access password to the Service from his account.

2.7. The user independently ensures the privacy of his password. The user is independently responsible for all actions (as well as their consequences) within the framework or using the service under the user's 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 within the framework or during the usage of the service under the User account is considered to be performed by the User himself, except when the User informs DESKTOP.RENT in accordance with provisions of 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. THE USER RIGHTS AND DUTIES

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

3.2. When using the DESKTOP.RENT 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 processes operated by humans, designed for:
3.2.3.1. Tracking or copying DESKTOP.RENT Internet pages or their contents without prior written permission of DESKTOP.RENT;
3.2.3.2. Interventions or attempts to interfere with the normal operation of DESKTOP.RENT
3.2.4. Perform actions that lead to excessive or unreasonable loading of the DESKTOP.RENT infrastructure;
3.2.5. Copy, reproduce, modify, supplement, distribute (including public demonstration) for commercial or other purposes the contents of the DESKTOP.RENT site (or any part thereof), as well as create derived objects on its basis without the prior written permission of DESKTOP.RENT. 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 coordinates of third parties, including telephone, email address, other means of communication;
3.2.8. Place on DESKTOP.RENT information that is prohibited by the current Russian legislation and international law;
3.2.9. Violate in other way the norms of the law, including the norms of international law.
3.2.10. The User has the right to delete his account at any time, using the DESKTOP.RENT feedback form.

3.3. The User must immediately notify DESKTOP.RENT about any unauthorized (not allowed by the User) access to the Service using the User's account and/or any violation (suspicions of violation) of the confidentiality of his password. For security reasons, the User is obliged to independently perform a safe shutdown of his account (“Logout” button) after each session of work with the Service. DESKTOP.RENT is not responsible for the possible loss or damage to 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.

3.4. The User is solely responsible for the correctness of the data he input in the process of using the Service, as well as for the compliance of the input data with the requirements of current legislation, including liability to the third parties in cases if the User enters data that is not directly related to him (for example, the third parties data), or violates the rights and legitimate interests of the third parties.

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

3.6. The user is obliged to protect at his own expense DESKTOP.RENT from all claims (requests) and to compensate DESKTOP.RENT for damages resulting from such claims, in case any third-party brings claims on DESKTOP.RENT that are partly or in a whole based on the statement that DESKTOP.RENT violates the rights of the third party while using its personal data.

4. DESKTOP.RENT RIGHTS AND DUTIES

4.1. DESKTOP.RENT has the right to block or delete a User 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 the Terms of Use or the terms of other documents stipulated by the Terms of Use , 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 the DESKTOP.RENT Service and/or other information resources not owned by the User 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 distribute in any way any component of the Service provided or work created on its basis, since the Service itself is also a subject to copyright and other rights, if there is a written demands of the owner of such rights to limit the listed actions;
4.1.5. Sending of commercial and other electronic messages that are inconsistent (not requested) previously with its recipient ("SPAM");
4.1.6. Publication and transmission via the Internet of any information prohibited by applicable Russian or international law. In particular, this applies to pornographic images provided for by art. 242 of the Criminal Code. Due to the lack of legally established methods for determining whether a particular image is pornographic or not, DESKTOP.RENT reserves the right to make such a determination;
4.1.7. In other cases provided by applicable law, or on the basis of a request from law enforcement or other authorized bodies.

4.2. DESKTOP.RENT has the right to set restrictions on 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 calls to the Service for a specified period of time, the maximum period of storage of content / sets of documents, on the conditions of access to the Service, etc. DESKTOP.RENT 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. DESKTOP.RENT has the right to send informational messages to its Users, as well as informational messages containing information about the products and services of DESKTOP.RENT partners.

4.4. DESKTOP.RENT is not responsible for the correctness of the data provided by the User when using the Service and is not obliged to check the correctness of the data provided by the User.

4.5. DESKTOP.RENT is not responsible for any information, materials posted on third-party sites to which the User gets access using the Service. The DESKTOP.RENT service may contain links to other sites on the Internet (third party sites); Third parties and their content are not checked by DESKTOP.RENT 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 DESKTOP.REN approval or recommendation of these products (services, activities).

4.6. DESKTOP.RENT is responsible for advertising placed on DESKTOP.RENT services, within the limits established by the legislation of the Russian Federation.

5. EXCLUSIVE RIGHTS OF DESKTOP.RENT 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 DESKTOP.RENT and other copyright holders.

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

5.3. The User’s use of elements of the Service’s content, as well as any content for personal non-commercial use is allowed provided that all copyright, signs of related rights, trademarks, other authorship notices, the name (or pseudonym) of the author/title holder is preserved intact, the related object remains unchanged.

6. TARIFICATION AND TERMS OF PAYMENT FOR SERVICES

6.1. The cost of using the Service is determined in Appendix No. 1 “List and Cost of Services”, which is an integral part of this Terms of Use, and includes 20% VAT.

6.2. The reporting period for using the Service is a calendar month - hereinafter referred to as a reporting period.

6.3. The unit for measuring the cost of a service for using the Service is rubles per month (rubles / month) per user.

6.4. In case of using the Service for the first time and for incomplete Reporting period, the cost of using the Service is calculated based on the actual number of full calendar days of providing the opportunity to use the Service in the Reporting period. An incomplete calendar day (less than 24 hours) of using the Service is not included in the calculation. The calculation of the day starts at 00.00 of the day following the incomplete day of using the Service and ends at 23.59 Moscow time.

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

6.6. DESKTOP.RENT can unilaterally change the cost of connection to the DESKTOP.RENT Service. During the initial connection, the price is valid at the moment when the “Pay” button is clicked in the personal account at the last stage of the connection to the Service. Starting from the second connection, the price is determined 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. DESKTOP.RENT notifies the User about changes in tariffs and tariff plans by publishing a corresponding message in the user's personal account at least 14 (fourteen) calendar days before changing or introducing new tariffs or tariff plans. <br> <br> <br>6.8. Payment is made through bank cards attached to the user's personal account. Bank cards of the main payment systems are accepted for payment: MasterCard, VISA, MIR, Union Pay.

6.9. A bank card is automatically linked to the user's personal account after making the first payment. The user agrees that the second and subsequent payments are made using the “AUTO PAYMENT” function.

6.10. Payment for connection to the Service is made after 100% prepayment.

6.11. The order of payment using bank cards is placed on the Site in the "PAYMENT" section.

6.12. Features of payment for Services using bank cards, as well as electronic means of payment with reference to bank cards:
6.12.1. In accordance with the provision of the Central Bank of the 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 the card holder or by a person authorized the power of attorney prepared in accordance with the law.
6.12.2. 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 the Russian Federation. According to Article 159 of the Criminal Code of the Russian Federation fraud is considered theft of other's property or the acquisition of the right to other's property by deception or abuse of trust and is punished with a fine of up to 120,000 rubles or in the amount of the salary or other income of the convicted person for a period of up to 1 year, or compulsory labor up to 360 hours, either correctional labor for up to 1 year, or arrest for up to 4 months, or restriction of liberty for up to 2 years, or forced labor up to 2 years, or imprisonment for up to 3 years.
6.12.3. Acceptance and processing of payments using bank cards is carried out by an electronic payment provider. DESKTOP.RENT does not process, including the collection and storage of data of bank cards of the User.
6.12.4. Payment arrives in the user's personal account within a few minutes
6.12.5. When making a payment with a bank card, the User agrees that the cash voucher will be sent him electronically (links to the cash voucher with the ability to download it in PDF format) to the user's personal account on the portal.
6.12.6. Possible reasons for refusal to authorize a User’s bank card:
6.12.6.1. The issuing bank does not support 3D-Secure technology;
6.12.6.2. There is not enough money on the card;
6.12.6.3. The bank has established a ban on online payments;
6.12.6.4. Data entry timeout (40 minutes);
6.12.7. Required actions of the User in case of refusal to authorize the payment:
6.12.7.1. Retry after 20 minutes;
6.12.7.1. Contact the issuing bank;
6.12.7.1. Pay with another bank card.

7. REFUND

7.1 The Service is considered to be provided at the time of the prepayment for the Reporting period. DESKTOP.RENT does not return funds for the service of providing access to the Service in case of any possible claims. DESKTOP.RENT works with the maximum qualification and makes every effort to ensure effective use of the Service. Disagreement of the User with the Service DESKTOP.RENT is not a reason for a refund.

7.2. In case of necessary suspension of the use of the Service due to a technical failure, the time of using the Service is extended to the time of such suspension of the provision of the Service. If it is impossible to continue providing the Service under the terms of this Terms of Use, DESKTOP.RENT returns the unused advance payment at the request of the User.

7.3. To request a refund, the User should send a request to the e-mail: info@desktop.rent. All applications are reviewed within 7 (seven) calendar days. Refunds is carried out within 30 (thirty) calendar days, after the DESKTOP.RENT approval of the application for the refunds. Refunds are made by returning the required amount to the bank card with which the payment was made.

7.4. In case if any User was blocked by DESKTOP.RENT 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 is not debited from the User’s bank card.

8. ELIMINATION OF USE

8.1. If the User intends to refuse to prolong using the Service for a new period, he must remove the relevant users connected to the User's account and/or voluntarily block his desktop in the appropriate section of the Personal Account, no later than 23:59 of the last day of the Reporting period. In this case, the advance payment for the next Reporting period is not debited from the User’s bank card.

9. CONDITIONS AND LENGTH OF TRIAL PERIOD

9.1. DESKTOP.RENT provides the User with a period of free testing of the Service within 48 (forty-eight) hours from the moment of registration at DESKTOP.RENT. This time is not included in the Reporting period, payment for the period of testing the Service is not charged.

9.2. After 48 (Forty-eight) hours from the moment of registration on DESKTOP.RENT, the User pays for the provision of the Service in the amount specified in Appendix No. 1 “List and Cost of Services” in the manner specified in Section 9 of this Terms of Use.

9.3. In case of non-payment by the User for services for the provision of the Service, in the manner prescribed in Section 9 of this Terms of Use, DESKTOP.RENT reserves the right to temporarily block User’s access to the Service within 14 calendar days or until the User pays for the provision of the Service.

9.4. During the temporary blocking of the User’s access to the Service, DESKTOP.RENT stores information and data placed by the User on the Remote Desktop.

9.5. In case of non-payment by the User for services for providing the Service within 14 calendar days from the moment of temporary blocking of access to the Remote Desktop, DESKTOP.RENT reserves the right to delete information and data placed by the User on the Remote Desktop.

10. LIMITATION OF LIABILITY

10.1. The service is provided "as is". DESKTOP.RENT 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 downloadable documents, letters, instructions, etc.), access to which the User obtains using the DESKTOP.RENT Service, and also for the damage that may be caused to the User or third parties and that results in the loss of data, time, money or any other harm.

10.3. DESKTOP.RENT is not responsible for any damages resulting from the use and / or inability of the User to use the DESKTOP.RENT Service or individual parts/functions of the DESKTOP.RENT Service.

10.4 DESKTOP.RENT has the right 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 work in case that work is carried out after the notification of the User in the personal account of the DESKTOP.RENT 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 DESKTOP.RENT;
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 DESKTOP.RENT;
10.4.5. Refusal or failure of the User to provide assistance to DESKTOP.RENT in establishing and eliminating Incidents;
10.4.6. Violation by the User of the terms of the 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. DESKTOP.RENT does not disclose personal information of Users to companies, organizations and individuals not connected to DESKTOP.RENT. The exceptions are the cases listed below. User agrees with this. DESKTOP.RENT may provide information about Users to companies, organizations or individuals not connected to DESKTOP.RENT, if Users have given their consent to this. For disclosing special categories of personal data, DESKTOP.RENT requests consent from Users. DESKTOP.RENT provides personal data to DESKTOP.RENT affiliates and other trusted companies, as well as to individuals for processing on behalf of DESKTOP.RENT; however, such processing is carried out in accordance with the instructions of DESKTOP.RENT, privacy policy and other applicable privacy and security requirements. According to legislative requirements, DESKTOP.RENT provides Users data to companies, organizations or individuals not related to DESKTOP.RENT, in case DESKTOP.RENT conscientiously believes that it is necessary to obtain, use, retain or disclose such information in order to: fulfill the requirements of the law, the court decision or enforce it with the request of a state institution; enforce the Terms of Use or investigate possible violations; identify, stop or otherwise prevent fraud, and fix technical or security problems; protect the rights, property or security of DESKTOP.RENT, our Users or the society as a whole, as required and allowed by the laws of the Russian Federation and/or international law.

12. OTHER PROVISIONS

12.1. This Terms of Use is a contract between the User and DESKTOP.RENT regarding the procedure for using the Service by the User.

12.2. The courts in some countries will not apply Russia law to some types of disputes. If you reside in one of those countries, then where Russia law is excluded from applying, your country’s laws will apply to such disputes related to these terms. Otherwise, you agree that the laws of Russia will apply to any disputes arising out of or relating to these terms or the Services. Similarly, if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in Russia, then your local jurisdiction and venue will apply to such disputes related to these terms. Otherwise, all claims arising out of or relating to these terms or the services will be litigated exclusively in the courts of Russia, and you and DESKTOP.RENT consent to personal jurisdiction in those courts.

12.3. Nothing in the Terms of Use can be understood as the establishment between the User and DESKTOP.RENT 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 of this Terms of Use will be declared invalid or unenforceable, this will not affect the validity or applicability of the remaining provisions of the Terms of Use.

12.5. DESKTOP.RENT inaction in case of violation by the User or other users of the provisions of the Terms of Use does not deprive DESKTOP.RENT of the right to take appropriate actions to protect its interests later, and also it doesn’t mean the denial of DESKTOP.RENT of its rights in case of similar violations in the future.

SERVICES AND PRICE

1. Virtual workspace per user —  2 990 rubles per month including VAT (20%) 

2. Cloud storage for 1C databases — 890 rubles per month including VAT (20%) for every 25 GB

3. Cloud storage for files — 590 rubles per month including VAT (20%) for every 50 GB

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