1. GENERAL PROVISIONS
1.1 VM Service LLC (hereinafter referred to as "DESKTOP.RENT") offers to the Internet user (hereinafter referred to as the User) its service as a platform to access the virtual workspace, where the User may allocate and store his data used for business activity (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 1.3 hereof. Virtual workspace, files and databases storage are co-located in data centers not lower than Tier3.
1.2. The use of the Service is regulated by this Terms of Use and Privacy Policy. The Terms of Use may be changed by DESKTOP.RENT without a special notice, the new edition comes into force from the moment of its posting on the Internet unless otherwise provided by the new version of the Terms of Use. The current version of the Terms of Use is always available at https://desktop.rent/
1.3. 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. If the User acts on behalf of the company, and the company or the User pays for the Service by direct payment transfer to replenish the credit account of the User's Member account, then the company, paying the invoice to replenish the balance of the User's credit account, is considered to have fully accepted the terms hereof and the Privacy Policy without any restrictions and exceptions. In case DESKTOP.RENT 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.
1.4 The Service is provided 24\7 365 days a year.
1.5. The Service are provided electronically via the Internet. The Service location is considered to be the location of the User. The User's location shall be considered as the country of registration of the User's mobile operator (in accordance with the Mobile Country Codes register held by ITU-T).
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.
2.5. 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 DESKTOP.RENT in accordance with the Privacy Policy.
2.6. To complete the registration the User inputs a mobile phone number and access password received in 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.
2.8 If the User acts on behalf of the company, then in the Member account it is necessary to select the country and enter the name of the company.
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;
3.2.2. 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 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. 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 Kyrgyz Republic 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.
3.4. The User must immediately notify DESKTOP.RENT 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. DESKTOP.RENT 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. 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.
3.8. While using the Service, the User can manage the access rights (his and his employees') to virtual workspaces and hosted documents by himself. The User shall be responsible for the consequences of actions or inactions in the Member account or on virtual workspaces servers, to which the User or the User's employees may have access with administrator rights to the corresponding server within certain tariffs. The User shall determine by himself the policy and rules for the use of data by employees in the User's virtual workspaces in compliance with this Terms of Use.
3.9. If as a result of the User's or his employees' actions in the Member account or works on servers with administrative rights, the virtual workspaces break down, the User has the right to contact DESKTOP.RENT for support in resolving the failure as part of technical support service.
3.10. Starting to use the Service and providing DESKTOP.RENT with their contact details (e-mail, mobile phone number), the User agrees to receive service and information messages on instant messengers linked to the User's mobile phone number registered on the Portal (whatsapp, telegram, viber, email, sms, calls), and the email address specified during registration in accordance with clauses 1.4 - 1.6 of the Personal Data Privacy Policy dated 04/30/2022. In order to opt out of receiving such messages, the User must inform DESKTOP.RENT about his unwillingness to receive the above mailings by e-mail info@desktop.rent or in the corresponding messenger in accordance with the messenger usage policy.
4. DESKTOP.RENT'S RIGHTS AND OBLIGATIONS
4.1. DESKTOP.RENT 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 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 Kyrgyz Republic 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 Kyrgyz or international law (responsibility provided for by art. 242 of the Criminal Code of Kyrgyz Republic). 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 Kyrgyz Republic.
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 Kyrgyz Republic.
4.7. DESKTOP.RENT uses the computing power of data centers' operators of at least Tier 3 class and guarantee availability of computing resources for virtual workspaces at the level of at least 99.95%. The abovementioned operators are responsible for the availability of computing power for virtual workspaces.
guarantees the availability of virtual workspace computing resources in the amount of 99.9% in accordance with the obligations of computing power operators specified in clause 1.2 hereof.
4.8. DESKTOP.RENT responds to Users' requests in the following time limits:
- requests for recovery of critical breakdowns related to the Service inaccessibility - up to 20 min, deadline for breakdowns recovery - from 2 to 8 hours from the moment of User's request registration, depending on the complexity of problems on the computing resources operator's side;
- service calls - up to 30 min. Service calls are attended to during working hours from Monday to Friday from 9-00 to 19-00. The response to User's service calls is provided via messengers WhatsApp, Viber, Telegram, the time limit for solving service tasks depending on the complexity of the tasks is agreed by the parties in the service correspondence. Advanced technical support services are provided in accordance with the tariffs given in the Annexes hereto.
4.9. Customers support – includes manager's consultations on the guaranteed functionality of DESKTOP.RENT service, financial calculations and other service issues, this support is provided for Users free of charge.
4.10. Technical support is a range of technical services for solving User problems regarding access and use of the service and individual settings, including oral and written consultations on technical issues of the Service, as well as setting up additional services within the Packages.
4.11 Guaranteed functionality - proper performance of the service - the portal, personal account, desktops during normal operation of computing resources, the tariff paid by the User and / or the availability of sufficient funds on the credit account in the Reporting month or Reporting day.
Guaranteed functionality includes:
a) Member account efficiency:
- log in procedure, registration on the portal, functionality of the Member account sections on the portal
- by clicking the "Open Virtual Workspace" button, opening a virtual workplace from a personal computer, managing via Member account is also available from a smartphone
«) The efficiency of the virtual workspace if the User has a working PC with stable Internet access:
- availability of the remote desktop for download, Internet connection inside the desktop,
- operability of the standard software included in the Package, opening folders in accordance with the settings of access rights.
4.12. Technical support specialists provide assistance on the following issues:
· Remote desktop connectivity issues
· Connecting external devices and printers to a remote server
· Problems with pre-installed software
· Network folders access issues
· Installation and settings of additional software
· Setup of Operation System
· Server availability issues
· Server performance issues
· Other server-related tasks
And 1C related tasks:
· Problems with creating and uploading 1С information bases
· Uploading and connecting non-standard 1C databases
· Extra typical 1C databases updates over 1 time/month
· Adjustment and modifying of 1С
4.13. Technical support is provided on an hourly basis in accordance with the prices in the Annexes hereto. If while technical support is carried out, the problem of unavailability of the guaranteed functionality on Desktop.Rent side is confirmed, the User shall not be charged for the time of technical support needed to eliminate such a problem.
4.14. Following User's request, Desktop.Rent can conduct an individual online webinar to demonstrate how to work with the functionality of the Service. This service is charged according to the technical support rates specified in Annexes 1.1 - 1.3 hereto.
4.15 DESKTOP.RENT may at its own discretion, carry out promotions, sales, set discounts on certain tariffs and\or services, and notify the User on the official website https ://desktop.rent, where full conditions, rules and terms of validity of shares, discounts and promotariffs also can be found.
5. DESKTOP.RENT'S EXCLUSIVE RIGHTS FOR CONTENT
5.1. All objects accessible via the Service portal, 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 portal, 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 Kyrgyz Republic 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 period of free testing of the Service in the "Standard" tariff (up to 3 employees) within 7 days from the date of registration on DESKTOP.RENT. This time is not included in the Reporting month or Reporting day, payment for the Service testing 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 Appendixes No. 1.1 - 1.3 "List and Cost of Services" in the manner specified in Section 7 hereof by selecting the necessary package and set of services needed.
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 is determined in Appendixes No. 1.1 - 1.3 "List and Cost of Services", which are an integral part hereof.
If the User requests additional services that are not included into standard subscriptions of the Member account, the User and DESKTOP.RENT may choose to conclude an additional agreement on the volume and cost of additional services or, as part of the service correspondence, agree on the cost of such additional services in the equivalent of hours of technical support within the abovementioned Appendixes. In this case, DESKTOP.RENT credits the cost of additional services provided as the agreed number of paid hours of technical support.
7.2. The reporting month for using the Service is a calendar month (hereinafter referred to as the "Reporting Month"). The reporting day for using the Service is a calendar day (hereinafter referred to as the "Reporting Day"). The calendar day starts at 00:00 and ends at 24:00 UTC +0.
7.3. In case of using the Service for an incomplete Reporting month, the cost is calculated from the actual number of full calendar days of providing the opportunity to use the Service in the Reporting month until the end of the current Reporting month. In case of using the Service for an incomplete Reporting Day, the cost is calculated from the cost for using the Service for the full Reporting Day.
7.4. The day of connecting/disconnecting the Service is included in the calculation of the cost for using the Service in the relevant Reporting month as a whole day of using the Service. The day of connecting/disconnecting the Service is included in the calculation of the cost for using the Service in the relevant Reporting Day as a whole day of using the Service.
7.5. 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.
7.6. DESKTOP.RENT notifies the User about tariffs changes by publishing an amended version of this Terms of Use with Appendixes hereto at https://desktop.rent corresponding message in the user's member account at least 14 (fourteen) calendar days before changing or introducing new tariffs and packages.
7.7. To pay for Service subscriptions User should Top Up the balance of the account. Top Up is available with an international VISA bank card, MIR bank card, through the payment link of the Payoneer service. The balance is replenished in conventional units, 1 conventional unit is equal to 1 US dollar. The amount in Kyrgyz soms (KGS) debits from international VISA cards at the internal exchange rate of the Service. The equivalent in rubles debits from the MIR cards at the internal exchange rate of the System. Top Up made using a Payoneer payment link debits in US dollars. The actual amount to pay displays when switching to payment by card. The User undertakes to check and agree with the actual debit amount before confirming the payment from the card by entering the SMS code.
7.8. 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.
7.9.To get connected to the Service 100% prepayment is needed.
7.10. The payment mode using bank cards is described in the "Top up&Billing" section of member account.
7.11. Bank card payments, as well as electronic means of payment with reference to bank cards have the following characteristics:
7.11.1. Bank card transactions are performed by cardholder or by a person authorized by the power of attorney.
7.11.2. 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 in accordance with local and international legislation.
7.11.3. 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.
7.11.4. Payment is processed within a few minutes and is displayed in the User's member account.
7.11.5. 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 .
7.11.6. Possible reasons for refusal to authorize a User's bank card are as follows:
7.11.6.1. The issuing bank does not support 3D-Secure technology;
7.11.6.2. There is not enough funds on the card;
7.11.6.3. The bank prohibited online payments;
7.11.6.4. Data entry timed out;
7.11.7. The User's required actions in case of payment authorization refusal are the following:
7.11.7.1. Retry making payment;
7.11.7.1. Contact the card issuing bank;
7.11.7.1. Pay with another bank card.
7.12. The Service can be paid with bonuses provided according to Appendix 2 hereto.
7.13. If the bank card currency is not equal to the payment currency then the actual amount of debit may differ by the exchange rate difference of the bank issued the card. In this case, the actual exchange rate must be clarified with the card issuing bank.
7.14 Details of services rendered are available in "Top up&Billing" section of the Member account at "Billing" tab by downloading the Excel file with the required period date.
7.15 If in the Reporting month or Reporting day the User used a discount, then the actually connected services are reflected in the details, and the cost of the services provided in the Act is indicated minus the discount provided.
7.16 Upon User's request, the Service can be paid from the credit account in the Member account, which can be deposited in the following ways:
- by bank card payment on the Portal;
- payment by invoice (issued on User's request);
- debiting the User's Member account of the computing resources operator, if such option is provided in the User' account.
- using Payoneer.com payment service.
8. CONNECTING AND DISCONNECTING SERVICES
8.1 In order to connect the services, the User must select the required number of Standard or PRO users computing resources for dedicated virtual machines , cloud storage for files and other options available in Calculator in "Subscriptions and Calculator" section of the 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 " Subscriptions and Calculator " section of his member account and click Apply button.
8.3 If the size of the User's files and/or 1C databases exceeds the purchased storage size, the access will be suspended until the additional storage amount is purchased
9. REFUND
9.1 The Service is considered to be provided at the time of making an advance payment for the Reporting month or Reporting day. DESKTOP.RENT does not return money for the service of providing access to the Service in case of any possible claims. DESKTOP.RENT works with the highest qualifications and does everything possible to provide an efficient use of the Service. The User's disagreement with the terms of the DESKTOP.RENT Service 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 info@desktop.rent. 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.
9.4. If any User has been blocked by DESKTOP.RENT for violating this Agreement, the funds for the paid period are non-refundable. In this case, the advance payment for the next Reporting month or Reporting day ("AUTO PAYMENT" function) is not debited from the User's bank card.
9.5. The funds debited for the Service are non-refundable, but the unused credit account balance will be refunded on the User's written request within 30 (thirty) calendar days from the request date.
10. SERVICE USE WAIVER
10.1. If the User intends to refuse to extend the terms of using the Service for a new period, he/she must delete the relevant users linked to the User's account and/or voluntarily block his/her desktop in the relevant section of the Personal Account no later than 23:59 of the last day of the Reporting month or Reporting Day. In this case, the advance payment for the next Reporting month or Reporting day is not debited from the User's bank card.
10.2 If the User does not wish to use this Service in the new Reporting month or Reporting day, he/she must delete the linked bank card in his personal account. In this case, "Autopay" will not work.
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;
11.4.6. Violation by the User of this Terms of Use;
11.4.7. Inoperability or incompatibility of the software and / or hardware of the User with the Service.
12. PRIVACY POLICY
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.
DESKTOP.RENT provides personal data to DESKTOP.RENT's 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 DESKTOP.RENT's instructions, privacy policy and other applicable privacy and security requirements.
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;
- 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 DESKTOP.RENT, our Users or the society as a whole, as required and allowed by the in accordance with local and international legislation
13. OTHER PROVISIONS
13.1. This Terms of Use is a contract between the User and DESKTOP.RENT regarding the procedure for using the Service.
13.2.This Terms of Use shall be governed by and construed in accordance with local and international legislation. Issues not settled by this Terms shall be resolved in accordance with local and international legislation. All possible disputes arising out of the relations regulated hereby shall be settled in accordance with local and international legislation. Herein, unless expressly indicated otherwise, the term "legislation" shall mean local and international legislation.
13.3. 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.
13.4. 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.
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 №1.1 "LIST AND COST OF SERVICES" provided at https://cloud.desktop.rent Portal (data center located in Asia), VAT is not included and should be paid extra if applicable according to the Law
The pricelist for the services indicated on website is of a reference nature only and may differ depending on the charging currency, the actual debit is made at the prices indicated below, taking into account clause 7.13 hereof:
1. Connecting One user - $18,8 per month including or $2 per day.
2. File storage - $0,15 per month for 1 GB or $0,02 per day.
3. 1 CPU (Windows included) – $7,2 per month or $0,7 per day.
4. RAM – $3,8 per month for 1 GB or $0.4 per day.
5. SSD drive –$0,15 per month for 1 GB or $0,02 per day including.
6. Cloud storage for virtual machines Backup – $0,06 per month for 1 GB.
7. Virtual machines backup - $18.8 per month for 1 machine.
8. MS Office Standard - $18,8 per month for 1 user.
9. MS SQL Server– $180 per month for 2 CPU.
10. Providing IP address -$2 per month for 1 address.
11. Technical support $28 per hour
12. 1C user $25 per month, $3 per day
13. 1C database placement $2.5 per month, $1 per day
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 Desktop.Rent mobile application.
3. The promocode might be received:
a. from a partner or other customer for primary use of Desktop.Rent service;
b. After User 's personal consultation;
c. Upon completion of the questionnaire for improvement of Desktop.Rent quality of service;
d. during promotionals of Desktop.Rent.
4. Bonus - the amount by which the cost of Desktop.Rent 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 Desktop.Rent 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. Desktop.Rent has the right to unilaterally change the rules of promocodes usage.
14. Desktop.Rent 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 us via any messenger.
16. Desktop.Rent reserves the right to unilaterally make any changes to these Rules at any time. Сhanges are posted at www. Desktop.Rent. The Promocode holder should independently monitor changes in the Rules.
TERMS OF USE dated 30.04.2022
1.1 VM Service LLC (hereinafter referred to as "DESKTOP.RENT") offers to the Internet user (hereinafter referred to as the User) its service as a platform to access the virtual workspace, where the User may allocate and store his data used for business activity (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 1.3 hereof. Virtual workspace, files and databases storage are co-located in data centers not lower than Tier3.
1.2. The use of the Service is regulated by this Terms of Use and Privacy Policy. The Terms of Use may be changed by DESKTOP.RENT without a special notice, the new edition comes into force from the moment of its posting on the Internet unless otherwise provided by the new version of the Terms of Use. The current version of the Terms of Use is always available at https://desktop.rent/
1.3. 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. If the User acts on behalf of the company, and the company or the User pays for the Service by direct payment transfer to replenish the credit account of the User's Member account, then the company, paying the invoice to replenish the balance of the User's credit account, is considered to have fully accepted the terms hereof and the Privacy Policy without any restrictions and exceptions. In case DESKTOP.RENT 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.
1.4 The Service is provided 24\7 365 days a year.
1.5. The Service are provided electronically via the Internet. The Service location is considered to be the location of the User. The User's location shall be considered as the country of registration of the User's mobile operator (in accordance with the Mobile Country Codes register held by ITU-T).
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.
2.5. 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 DESKTOP.RENT in accordance with the Privacy Policy.
2.6. To complete the registration the User inputs a mobile phone number and access password received in 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.
2.8 If the User acts on behalf of the company, then in the Member account it is necessary to select the country and enter the name of the company.
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;
3.2.2. 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 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. 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 Kyrgyz Republic 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.
3.4. The User must immediately notify DESKTOP.RENT 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. DESKTOP.RENT 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. 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.
3.8. While using the Service, the User can manage the access rights (his and his employees') to virtual workspaces and hosted documents by himself. The User shall be responsible for the consequences of actions or inactions in the Member account or on virtual workspaces servers, to which the User or the User's employees may have access with administrator rights to the corresponding server within certain tariffs. The User shall determine by himself the policy and rules for the use of data by employees in the User's virtual workspaces in compliance with this Terms of Use.
3.9. If as a result of the User's or his employees' actions in the Member account or works on servers with administrative rights, the virtual workspaces break down, the User has the right to contact DESKTOP.RENT for support in resolving the failure as part of technical support service.
3.10. Starting to use the Service and providing DESKTOP.RENT with their contact details (e-mail, mobile phone number), the User agrees to receive service and information messages on instant messengers linked to the User's mobile phone number registered on the Portal (whatsapp, telegram, viber, email, sms, calls), and the email address specified during registration in accordance with clauses 1.4 - 1.6 of the Personal Data Privacy Policy dated 04/30/2022. In order to opt out of receiving such messages, the User must inform DESKTOP.RENT about his unwillingness to receive the above mailings by e-mail info@desktop.rent or in the corresponding messenger in accordance with the messenger usage policy.
4. DESKTOP.RENT'S RIGHTS AND OBLIGATIONS
4.1. DESKTOP.RENT 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 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 Kyrgyz Republic 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 Kyrgyz or international law (responsibility provided for by art. 242 of the Criminal Code of Kyrgyz Republic). 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 Kyrgyz Republic.
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 Kyrgyz Republic.
4.7. DESKTOP.RENT uses the computing power of data centers' operators of at least Tier 3 class and guarantee availability of computing resources for virtual workspaces at the level of at least 99.95%. The abovementioned operators are responsible for the availability of computing power for virtual workspaces.
guarantees the availability of virtual workspace computing resources in the amount of 99.9% in accordance with the obligations of computing power operators specified in clause 1.2 hereof.
4.8. DESKTOP.RENT responds to Users' requests in the following time limits:
- requests for recovery of critical breakdowns related to the Service inaccessibility - up to 20 min, deadline for breakdowns recovery - from 2 to 8 hours from the moment of User's request registration, depending on the complexity of problems on the computing resources operator's side;
- service calls - up to 30 min. Service calls are attended to during working hours from Monday to Friday from 9-00 to 19-00. The response to User's service calls is provided via messengers WhatsApp, Viber, Telegram, the time limit for solving service tasks depending on the complexity of the tasks is agreed by the parties in the service correspondence. Advanced technical support services are provided in accordance with the tariffs given in the Annexes hereto.
4.9. Customers support – includes manager's consultations on the guaranteed functionality of DESKTOP.RENT service, financial calculations and other service issues, this support is provided for Users free of charge.
4.10. Technical support is a range of technical services for solving User problems regarding access and use of the service and individual settings, including oral and written consultations on technical issues of the Service, as well as setting up additional services within the Packages.
4.11 Guaranteed functionality - proper performance of the service - the portal, personal account, desktops during normal operation of computing resources, the tariff paid by the User and / or the availability of sufficient funds on the credit account in the Reporting month or Reporting day.
Guaranteed functionality includes:
a) Member account efficiency:
- log in procedure, registration on the portal, functionality of the Member account sections on the portal
- by clicking the "Open Virtual Workspace" button, opening a virtual workplace from a personal computer, managing via Member account is also available from a smartphone
«) The efficiency of the virtual workspace if the User has a working PC with stable Internet access:
- availability of the remote desktop for download, Internet connection inside the desktop,
- operability of the standard software included in the Package, opening folders in accordance with the settings of access rights.
4.12. Technical support specialists provide assistance on the following issues:
· Remote desktop connectivity issues
· Connecting external devices and printers to a remote server
· Problems with pre-installed software
· Network folders access issues
· Installation and settings of additional software
· Setup of Operation System
· Server availability issues
· Server performance issues
· Other server-related tasks
And 1C related tasks:
· Problems with creating and uploading 1С information bases
· Uploading and connecting non-standard 1C databases
· Extra typical 1C databases updates over 1 time/month
· Adjustment and modifying of 1С
4.13. Technical support is provided on an hourly basis in accordance with the prices in the Annexes hereto. If while technical support is carried out, the problem of unavailability of the guaranteed functionality on Desktop.Rent side is confirmed, the User shall not be charged for the time of technical support needed to eliminate such a problem.
4.14. Following User's request, Desktop.Rent can conduct an individual online webinar to demonstrate how to work with the functionality of the Service. This service is charged according to the technical support rates specified in Annexes 1.1 - 1.3 hereto.
4.15 DESKTOP.RENT may at its own discretion, carry out promotions, sales, set discounts on certain tariffs and\or services, and notify the User on the official website https ://desktop.rent, where full conditions, rules and terms of validity of shares, discounts and promotariffs also can be found.
5. DESKTOP.RENT'S EXCLUSIVE RIGHTS FOR CONTENT
5.1. All objects accessible via the Service portal, 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 portal, 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 Kyrgyz Republic 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 period of free testing of the Service in the "Standard" tariff (up to 3 employees) within 7 days from the date of registration on DESKTOP.RENT. This time is not included in the Reporting month or Reporting day, payment for the Service testing 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 Appendixes No. 1.1 - 1.3 "List and Cost of Services" in the manner specified in Section 7 hereof by selecting the necessary package and set of services needed.
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 is determined in Appendixes No. 1.1 - 1.3 "List and Cost of Services", which are an integral part hereof.
If the User requests additional services that are not included into standard subscriptions of the Member account, the User and DESKTOP.RENT may choose to conclude an additional agreement on the volume and cost of additional services or, as part of the service correspondence, agree on the cost of such additional services in the equivalent of hours of technical support within the abovementioned Appendixes. In this case, DESKTOP.RENT credits the cost of additional services provided as the agreed number of paid hours of technical support.
7.2. The reporting month for using the Service is a calendar month (hereinafter referred to as the "Reporting Month"). The reporting day for using the Service is a calendar day (hereinafter referred to as the "Reporting Day"). The calendar day starts at 00:00 and ends at 24:00 UTC +0.
7.3. In case of using the Service for an incomplete Reporting month, the cost is calculated from the actual number of full calendar days of providing the opportunity to use the Service in the Reporting month until the end of the current Reporting month. In case of using the Service for an incomplete Reporting Day, the cost is calculated from the cost for using the Service for the full Reporting Day.
7.4. The day of connecting/disconnecting the Service is included in the calculation of the cost for using the Service in the relevant Reporting month as a whole day of using the Service. The day of connecting/disconnecting the Service is included in the calculation of the cost for using the Service in the relevant Reporting Day as a whole day of using the Service.
7.5. 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.
7.6. DESKTOP.RENT notifies the User about tariffs changes by publishing an amended version of this Terms of Use with Appendixes hereto at https://desktop.rent corresponding message in the user's member account at least 14 (fourteen) calendar days before changing or introducing new tariffs and packages.
7.7. To pay for Service subscriptions User should Top Up the balance of the account. Top Up is available with an international VISA bank card, MIR bank card, through the payment link of the Payoneer service. The balance is replenished in conventional units, 1 conventional unit is equal to 1 US dollar. The amount in Kyrgyz soms (KGS) debits from international VISA cards at the internal exchange rate of the Service. The equivalent in rubles debits from the MIR cards at the internal exchange rate of the System. Top Up made using a Payoneer payment link debits in US dollars. The actual amount to pay displays when switching to payment by card. The User undertakes to check and agree with the actual debit amount before confirming the payment from the card by entering the SMS code.
7.8. 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.
7.9.To get connected to the Service 100% prepayment is needed.
7.10. The payment mode using bank cards is described in the "Top up&Billing" section of member account.
7.11. Bank card payments, as well as electronic means of payment with reference to bank cards have the following characteristics:
7.11.1. Bank card transactions are performed by cardholder or by a person authorized by the power of attorney.
7.11.2. 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 in accordance with local and international legislation.
7.11.3. 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.
7.11.4. Payment is processed within a few minutes and is displayed in the User's member account.
7.11.5. 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 .
7.11.6. Possible reasons for refusal to authorize a User's bank card are as follows:
7.11.6.1. The issuing bank does not support 3D-Secure technology;
7.11.6.2. There is not enough funds on the card;
7.11.6.3. The bank prohibited online payments;
7.11.6.4. Data entry timed out;
7.11.7. The User's required actions in case of payment authorization refusal are the following:
7.11.7.1. Retry making payment;
7.11.7.1. Contact the card issuing bank;
7.11.7.1. Pay with another bank card.
7.12. The Service can be paid with bonuses provided according to Appendix 2 hereto.
7.13. If the bank card currency is not equal to the payment currency then the actual amount of debit may differ by the exchange rate difference of the bank issued the card. In this case, the actual exchange rate must be clarified with the card issuing bank.
7.14 Details of services rendered are available in "Top up&Billing" section of the Member account at "Billing" tab by downloading the Excel file with the required period date.
7.15 If in the Reporting month or Reporting day the User used a discount, then the actually connected services are reflected in the details, and the cost of the services provided in the Act is indicated minus the discount provided.
7.16 Upon User's request, the Service can be paid from the credit account in the Member account, which can be deposited in the following ways:
- by bank card payment on the Portal;
- payment by invoice (issued on User's request);
- debiting the User's Member account of the computing resources operator, if such option is provided in the User' account.
- using Payoneer.com payment service.
8. CONNECTING AND DISCONNECTING SERVICES
8.1 In order to connect the services, the User must select the required number of Standard or PRO users computing resources for dedicated virtual machines , cloud storage for files and other options available in Calculator in "Subscriptions and Calculator" section of the 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 " Subscriptions and Calculator " section of his member account and click Apply button.
8.3 If the size of the User's files and/or 1C databases exceeds the purchased storage size, the access will be suspended until the additional storage amount is purchased
9. REFUND
9.1 The Service is considered to be provided at the time of making an advance payment for the Reporting month or Reporting day. DESKTOP.RENT does not return money for the service of providing access to the Service in case of any possible claims. DESKTOP.RENT works with the highest qualifications and does everything possible to provide an efficient use of the Service. The User's disagreement with the terms of the DESKTOP.RENT Service 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 info@desktop.rent. 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.
9.4. If any User has been blocked by DESKTOP.RENT for violating this Agreement, the funds for the paid period are non-refundable. In this case, the advance payment for the next Reporting month or Reporting day ("AUTO PAYMENT" function) is not debited from the User's bank card.
9.5. The funds debited for the Service are non-refundable, but the unused credit account balance will be refunded on the User's written request within 30 (thirty) calendar days from the request date.
10. SERVICE USE WAIVER
10.1. If the User intends to refuse to extend the terms of using the Service for a new period, he/she must delete the relevant users linked to the User's account and/or voluntarily block his/her desktop in the relevant section of the Personal Account no later than 23:59 of the last day of the Reporting month or Reporting Day. In this case, the advance payment for the next Reporting month or Reporting day is not debited from the User's bank card.
10.2 If the User does not wish to use this Service in the new Reporting month or Reporting day, he/she must delete the linked bank card in his personal account. In this case, "Autopay" will not work.
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;
11.4.6. Violation by the User of this Terms of Use;
11.4.7. Inoperability or incompatibility of the software and / or hardware of the User with the Service.
12. PRIVACY POLICY
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.
DESKTOP.RENT provides personal data to DESKTOP.RENT's 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 DESKTOP.RENT's instructions, privacy policy and other applicable privacy and security requirements.
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;
- 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 DESKTOP.RENT, our Users or the society as a whole, as required and allowed by the in accordance with local and international legislation
13. OTHER PROVISIONS
13.1. This Terms of Use is a contract between the User and DESKTOP.RENT regarding the procedure for using the Service.
13.2.This Terms of Use shall be governed by and construed in accordance with local and international legislation. Issues not settled by this Terms shall be resolved in accordance with local and international legislation. All possible disputes arising out of the relations regulated hereby shall be settled in accordance with local and international legislation. Herein, unless expressly indicated otherwise, the term "legislation" shall mean local and international legislation.
13.3. 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.
13.4. 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.
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 №1.1 "LIST AND COST OF SERVICES" provided at https://cloud.desktop.rent Portal (data center located in Asia), VAT is not included and should be paid extra if applicable according to the Law
The pricelist for the services indicated on website is of a reference nature only and may differ depending on the charging currency, the actual debit is made at the prices indicated below, taking into account clause 7.13 hereof:
1. Connecting One user - $18,8 per month including or $2 per day.
2. File storage - $0,15 per month for 1 GB or $0,02 per day.
3. 1 CPU (Windows included) – $7,2 per month or $0,7 per day.
4. RAM – $3,8 per month for 1 GB or $0.4 per day.
5. SSD drive –$0,15 per month for 1 GB or $0,02 per day including.
6. Cloud storage for virtual machines Backup – $0,06 per month for 1 GB.
7. Virtual machines backup - $18.8 per month for 1 machine.
8. MS Office Standard - $18,8 per month for 1 user.
9. MS SQL Server– $180 per month for 2 CPU.
10. Providing IP address -$2 per month for 1 address.
11. Technical support $28 per hour
12. 1C user $25 per month, $3 per day
13. 1C database placement $2.5 per month, $1 per day
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 Desktop.Rent mobile application.
3. The promocode might be received:
a. from a partner or other customer for primary use of Desktop.Rent service;
b. After User 's personal consultation;
c. Upon completion of the questionnaire for improvement of Desktop.Rent quality of service;
d. during promotionals of Desktop.Rent.
4. Bonus - the amount by which the cost of Desktop.Rent 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 Desktop.Rent 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. Desktop.Rent has the right to unilaterally change the rules of promocodes usage.
14. Desktop.Rent 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 us via any messenger.
16. Desktop.Rent reserves the right to unilaterally make any changes to these Rules at any time. Сhanges are posted at www. Desktop.Rent. The Promocode holder should independently monitor changes in the Rules.
TERMS OF USE dated 30.04.2022
TERMS OF USE dated 30.04.2022
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