Version 1 dated 01.03.2020
1. GENERAL PROVISIONS
1.2 Internet address of the Service is https://portal.desktop.rent
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 DESKTOP.RENT, as well as to keep this information up to date.
2.3. DESKTOP.RENT 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 DESKTOP.RENT 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, DESKTOP.RENT 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 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.
2.6. To complete the registration the User inputs a mobile phone number and access password received in SMS message from DESKTOP.RENT, 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 DESKTOP.RENT 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 DESKTOP.RENT is not obliged to check the correctness of the data provided by the User.
3.2. When using DESKTOP.RENT's 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;
3.2.3. Use any devices, computer programs, as well as other automatic devices or human’s operated processes, intended for:
188.8.131.52. Tracking or copying DESKTOP.RENT Internet pages or their contents without prior written permission of DESKTOP.RENT;
184.108.40.206. Interventions or attempts to interfere with the normal operation of DESKTOP.RENT
3.2.4. Performing actions leading to excessive or unreasonable loading of the DESKTOP.RENT’s infrastructure;
3.2.5. Copy, reproduce, modify, supplement, distribute (including public demonstration) for commercial or other purposes the contents of DESKTOP.RENT site (or any part thereof), as well as create derived objects on its basis without 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 contacts 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 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 DESKTOP.RENT feedback form.
3.5. The User is solely responsible for the correctness of the data he inputs while using the Service, as well as for its compliance with the requirements of current legislation, including liability to the third parties in cases 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.
3.6. 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 DESKTOP.RENT at his own expense 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 performs actions with third party data that violate the rights of such third party.
4. DESKTOP.RENT'S RIGHTS AND OBLIGATIONS
4.1.1. Actions aimed at restricting or hindering other Users from accessing the Service, as well as attempts of unauthorized access to DESKTOP.RENT 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, DESKTOP.RENT 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. DESKTOP.RENT 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. 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 is entitled to send information messages to its Users, as well as messages containing information about the products and services of DESKTOP.RENT’s partners.
4.4. DESKTOP.RENT 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. DESKTOP.RENT is not responsible for any information, materials posted on third parties’ sites to which the User gets access using the Service. DESKTOP.RENT’s 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.RENT’s approval or recommendation of these products (services, activities).
4.6. DESKTOP.RENT is responsible for advertising placed on DESKTOP.RENT’s services, within the limits established by the legislation of Russian Federation.
5. DESKTOP.RENT'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 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 functionality of the Service. Any elements of the Service, as well as any content hosted on DESKTOP.RENT’s services, cannot be otherwise used without the prior permission of DESKTOP.RENT. 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 DESKTOP.RENT’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. TERMS AND LENGTH OF TRIAL PERIOD
6.1. DESKTOP.RENT provides the User with a free 7 days trial period of the Service from the moment of registration. This time is not included in the Reporting period, payment for the trial period is not charged.
6.2. After 7 days from the moment of registration, if the User wants to continue using the Service, he needs to make payment according to Appendix No. 1 “List and Cost of Services” in the manner specified in Section 7 hereof.
6.3. In case the User does not pay for the Service, as provided by Section 7 hereof, DESKTOP.RENT reserves the right to temporarily block User’s access to the Service for 14 calendar days or until the User pays for the Service.
6.4. During the temporary blocking of the User’s access to the Service, DESKTOP.RENT stores information and data placed by the User on the virtual workspace.
6.5. In case the User does not pay for the Service within 14 calendar days from the moment of temporary blocking of access to the virtual workspace, DESKTOP.RENT reserves the right to delete information and data placed by the User on the virtual workspace.
7. TARIFICATION AND TERMS OF PAYMENT
7.1. 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.
7.2. The Reporting period for using the Service is a calendar month (hereinafter referred to as the Reporting period).
7.3. The Service cost is priced is rubles per month per User.
7.4. 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.
7.5. 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.
7.6. DESKTOP.RENT is entitled to change the cost of connection to DESKTOP.RENT’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.
7.7. DESKTOP.RENT 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.
7.8. 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.
7.9. 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.
7.10.To get connected to the Service 100% prepayment is needed.
7.11. The payment mode using bank cards is described in the "My Payments" section of member account.
7.12. Bank card payments, as well as electronic means of payment with reference to bank cards have the following characteristics:
7.12.1. 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.
7.12.2. 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 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.
7.12.3. Bank card payments are accepted and processed by electronic payment provider. DESKTOP.RENT does not process, collect or store the User’s bank cards data.
7.12.4. Payment is processed within a few minutes and is displayed in the User's member account.
7.12.5. 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 .
7.12.6. Possible reasons for refusal to authorize a User’s bank card are as follows:
220.127.116.11. The issuing bank does not support 3D-Secure technology;
18.104.22.168. There is not enough funds on the card;
22.214.171.124. The bank prohibited online payments;
126.96.36.199. Data entry timed out;
7.12.7. The User’s required actions in case of payment authorization refusal are the following:
188.8.131.52. Retry making payment;
184.108.40.206. Contact the card issuing bank;
220.127.116.11. Pay with another bank card.
8. CONNECTING AND DISCONNECTING SERVICES
8.1 In order to connect the services, the User must select the required number of virtual workspaces and additional storage 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.
8.2 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.
8.3 If the size of the User’s files and/or 1C databases exceeds the amount of storage allocated to each user (50 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 7.9 hereof.
9.1 The Service is considered to be provided at the moment of prepayment for the Reporting period. DESKTOP.RENT does not return funds for 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. The User’s disagreement with the Service provision terms is not a reason for a refund.
9.2. 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, DESKTOP.RENT shall refund the unused advance payment at the request of the User.
9.3. To request a refund, the User should send a request to firstname.lastname@example.org. All applications are processed within 7 (seven) calendar days. Refund is carried out within 30 (thirty) calendar days after DESKTOP.RENT approved the refund request. The funds will be returned to the bank card which was used for payment.
10. SERVICE USE WAIVER
10.1. If the User intends to refuse to extend using the Service for a new period, he must remove the corresponding users connected to the User's account and/or voluntarily block his virtual workspace 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.
11. LIMITATION OF LIABILITY
11.1. 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.
11.2. 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 DESKTOP.RENT’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.
11.3. DESKTOP.RENT is not responsible for any damages resulting from the use and / or inability of the User to use the DESKTOP.RENT’s Service or individual parts/functions of DESKTOP.RENT’s Service.
11.4 DESKTOP.RENT 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:
11.4.1. 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 DESKTOP.RENT’s Service;
11.4.2. 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;
11.4.3. Suspended or terminated access to the Service agreed with the User, including for changing the parameters of the Service;
11.4.4. 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;
11.4.5. Refusal or failure of the User to provide assistance to DESKTOP.RENT in establishing and eliminating Incidents;
11.4.7. Inoperability or incompatibility of the software and / or hardware of the User with the Service.
12.1. DESKTOP.RENT does not disclose personal information of Users to companies, organizations and individuals not associated with DESKTOP.RENT. The exceptions are the cases listed below and the User agreed with them. DESKTOP.RENT may provide information about Users to companies, organizations or individuals not associated with DESKTOP.RENT, if Users have given their consent to this. To disclose special categories of personal data DESKTOP.RENT requests consent from Users.
12.2 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, court decision or enforce a request of a government institution;
- identify, suppress 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 Russian Federation and/or international legislation.
13. OTHER PROVISIONS
13.5. DESKTOP.RENT’s inaction in case of violation by the User or other users of the provisions hereof does not deprive DESKTOP.RENT of the right to take appropriate actions to protect its interests later, and also doesn’t mean a waiver by DESKTOP.RENT of its rights in case of similar possible violations in future.
APPENDIX №1 "LIST AND COST OF SERVICES"
1. Virtual workspace per user, including 50 GB file storage — 2 990 rubles per month including VAT (20% - i.e. 498,33 rubles)
2. 1C databases cloud storage — 890 rubles per month including VAT (20% - i.e. 148,33 rubles) for every 25 GB
3. Files cloud storage— 590 rubles per month including VAT (20% - i.e. 98,33 rubles) for every 50 GB, except for space included in virtual workspace.