RULES OF RENDERING SERVICES — внедрение, настройка и доработка amoCRM от Get8 Первый Бит
RULES OF RENDERING SERVICES
These Rules for the Provision of Services (hereinafter the Rules) have been developed by the Limited Liability Company "Get Result" (hereinafter referred to as the Contractor, the Company) in accordance with the provisions of the Civil Code of the Russian Federation, other provisions of the current legislation of the Russian Federation and regulate legal relations arising between the Company and customers during the provision by the Company of services related to the implementation, configuration, modification and adaptation of the "amoCRM" Computer Program, as well as technical support services ovateley Computer Programs "amoCRM".
These Rules are applied in the part in which they are not changed or specified in the service agreement between the Company and customers.
For the purposes of these Rules, the terms and definitions indicated with a capital letter have the following meaning:
Widget is an auxiliary program for the computer, placed in the workspace of the Program and designed to solve a specific list of tasks. The Society has The exclusive rights to all Widgets mentioned in these Rules.
Contract is the Service Agreement concluded between the Company and the Customer, as well as all annexes and additional agreements to it.
Customer is Any person, regardless of the organizational and legal form, interested in the Services provided by the Company
Legal owner is Joint-stock company "amoCRM" (Primary National Registration Number - 5157746087681) is a Russian legal entity that has the entire volume of exclusive rights in relation to the Program
The programme means a program for the computer "amoCRM" (both as a whole and the components thereof) presented in its objective form by cumulative data and commands, including the source text, database, audiovisual works included by the Copyright Holder in the specified computer program, as well as any documentation on its use.
The User means an individual using the Programme directly. The User may be the Customer, the Customer's employee, or any other person who has obtained the right to use the Program legally.
Website is the Internet site belonging to the Company, located at get8.ru
Services is one-time and (or) periodic services aimed at the implementation, adjustment, adaptation, modification of the Program, as well as technical support for the end-user of the Program.
1.1. The Contractor guarantees the availability of sufficient qualifications, as well as organizational, labor, financial, material resources necessary to provide the Services in the interests of the Customers.
1.2. These Rules contain the general terms and procedure for the provision of the Services and are applied in the part in which the relations between the Contractor and the Customer are not regulated by the relevant Treaty. To avoid any doubt, the Contractor confirms the following:
(a) The Contractor and the Customer shall have the right to supplement and amend the provisions of these Rules by including the relevant conditions in the Agreement.
(b) In case of contradiction of the text of these Rules, the provisions of the Contract are applied to the provisions of the Agreement concluded between the Contractor and the Customer.
1.3. The Contractor has the right to involve third parties in the provision of the Services. At the same time, the Contractor bears full responsibility for the provision of the Services by such third parties and guarantees the quality of their provision.
1.4. The Contractor shall not be entitled to initiate the provision of the Services, suspend their provision or postpone the provision of the Services provided that the Customer has the debt to pay for one-time and (or) periodic Services provided for by the Agreement.
1.5. The Contractor has the right not to proceed with the provision of the Services, suspend their provision or postpone the provision of the Services if the Customer does not have access to the necessary systems (Licensee's Internet site, telephony, used services) or the necessary information named in Section IV of these Rules .
1.6. The Customer undertakes to timely and fully provide the Contractor with all the information necessary for the implementation of this Agreement, in particular, the information named in Section IV of these Rules.
1.7. The Customer undertakes to provide the Contractor with access to the Program, telephony, other services of the Customer in the event that it is necessary to provide the Services under the relevant Agreement.
1.8. The Contractor and the Customer are obliged to appoint persons responsible for the interaction of the Parties on the issues of execution of the Agreement.
1.9. The Customer has the right to receive information on the progress of the provision of the Services, to require the provision of a list of persons authorized by the Contractor to maintain the equipment and the Customer's Program, and to provide their wishes on the provision of the Services.
1.10. In the case that the Customer requires the purchase of additional equipment, consumables, components or spare parts for the provision of the Services, the relevant purchase is carried out by agreement of the Parties, by the forces and at the expense of the Customer.
2.1. The Contractor starts to provide one-time Services no later than 5 (five) working days after full payment by the Customer, unless another procedure is established by the Agreement
2.2. The specific volume of one-time Services, their cost and terms of rendering are determined by the Contractor and the Customer in the Contract.
2.3. The Contractor has the right to change the terms for rendering one-time Services in a unilateral notification procedure in the absence of feedback from the Customer for more than 48 (forty-eight) hours by telephone, e-mail, or other communication channel agreed in the Contract, as well as if the Customer changes any information provided to Licensor , associated with the process of providing one-time Services, as well as information about persons who will be instructed to work with the Program (when providing the appropriate service).
3.1. Periodic Services provided by the Company are technical support and technical support of Users in the process of using the Program.
3.2. The volume of periodic Services provided by the Company is determined by the Contractor and the Customer in the Contract, subject to the provisions of this Section
3.3. Unless otherwise agreed by the Parties in the Agreement, periodic Services are rendered to the Customer at a basic level. The specifics of the provision of periodic Base-level Services are established in clauses 3.4 to 3.9. of these Rules.
3.4. The basic level of technical support assumes the monthly provision of the following periodic Services by the Contractor:
(a) Assistance in resolving technical problems (first line of support) related to the operation of the Program by the Users, including providing answers to questions related to the incorrect operation of the Program, resulting from errors of the Customer's employees or errors within the Program.
(b) In case of translating the request ("ticket") to the second line of support (developers) - search, analysis and correction of errors.
(c) Updating the Program in case of changes in the REST API of the Program.
(d) Consideration and registration of the Customer's proposals for the development or modification of the functions performed by the Program, which can be taken into account and implemented in the new version of the Program.
(e) The right to use the Customer Widgets GetMail, GetSMS, GetCopy, GetDouble, GetFile
3.5. Technical support is provided by the Contractor in the following ways:
(a) Telephone line of consultation of the Customer in the amount not exceeding 15 (fifteen) minutes during the working day.
(b) Text line of the Customer's consultation (e-mail).
3.6. Requests for technical support are sent by the Customer by E-mail is support@get8.ru. The term of the Contractor's response to the Customer's application is determined by the nature of the arising issues, but can not exceed two working days. The Contractor undertakes to take action to resolve the problems that arise in the shortest possible time.
3.7. Technical support is provided by the Contractor through:
(a) remote access to the Program;
(b) issuing advice and technical advice on E-mail;
3.8. Services are rendered by the Contractor on working days, from 10-00 to 19-00 hours, Moscow time.
3.9. The parties may agree on a different volume or procedure for the provision of periodic Services in the relevant Treaty.
3.10. Services for the elimination of the Customer's material remarks to the Program or for the implementation of the Customer's proposals for modification of the Program not directly related to the presence of errors within the Program are not included in the basic level of technical support. Any additional periodic Services that do not relate to the basic level are rendered on the basis of additional agreements or annexes to the Treaty.
3.11. The cost of periodic services is determined by the Contractor and the Customer in the Agreement and depends on the level of technical support and the number of Users.
3.12. The Contractor shall not be liable for the delay in the provision of periodic Services, if such delay was caused by:
(a) Unavailability of Users or technical means of the Customer to provide Services;
(b) malfunction of external communications (telephone lines, e-mail, Internet).
4.1. With a view of operative interaction between the Contractor and the Customer, electronic documents can be exchanged with the help of available technical means. The priority method of information exchange is e-mail. Electronic letters are sent to the time interval from 10.00 to 19.00 (Moscow time), on working days. When sending an email after 19.00 or on non-working days, the letter is considered delivered on the next business day.
4.2. All documents sent by the Contractor from e-mail addresses with the @ get8.ru domain to the Customer's e-mail address specified in the Agreement are deemed to have come from Licensor.
4.3. In the presence of two or more revisions of one document sent by different letters, the document sent by the latter is considered valid.
4.4. During the performance of the Agreement, e-mails, as well as documents sent via e-mail (including acts of acceptance and transfer of services rendered) are recognized as equivalent to originals signed by a handwritten signature, as only the Contractor and the Customer, as well as the persons authorized by them, have access to the corresponding e-mail addresses. The Contractor and the Customer are responsible for unauthorized access to their e-mail by third parties.
4.5. The Contractor and the Customer are obliged to exchange the originals of the documents necessary for maintaining the accounting and tax records, as well as documents that modify or supplement the terms of the Agreement.
4.6. In order to fulfill the terms of the Contract, the Customer is obliged to provide the Contractor with the following information:
- Surname, first name, patronymic and e-mail addresses of Users;
- Access (login and password) to the mail for registration of services;
- Access to the Program (if available);
- Access to existing telephony and PBX (if available);
- Access to direct SIP registration data for PBX OnlinePBX (with the technical capability of the current PBX);
- Access to the site (FTP / hosting / admin panel / DBMS depending on the site);
- Remote access via Anydesk to the company's internal network to configure SIP phones (if available);
- Access to the E-mail distribution service (Mailchimp / Unisender / Mail365 / GetResponse / Aramba / SendPulse / Pechkin-mail.ru / ActiveCampaign to choose from), if available.
- Access to the service of SMS dispatches (SMS center / Profisend / Zanzara / SMSRU / SMSProvider / P1SMS.ru), if available;
- Access to the Dropbox file storage service;
- Access to the online chat service JivoSite;
- The contract templates for the GetDoc widget;
- Templates of commercial letters for GetMail;
- SMS templates for GetSMS;
- A database for import in the required format for the Program;
- Information about business processes in the company.
4.7. In the case that the Contractor requires additional information from the Customer, not named in item 4.6. the list of such information is specified in the Agreement.
5.1. The Contractor, recognizing the value and importance of the information received during the provision of the Services, assumes the obligation to preserve the confidentiality of all information received from the Customer. Confidential information, in particular, but not limited to, information about customers and contractors of the Customer, ways to attract customers and contractors, marketing and advertising mechanisms and campaigns, information exchange system within the Customer's company and with counterparties, logistic schemes, work order, state size, final beneficiaries, scientific and technical, technological, production, financial and economic or other information, including the secrets of production (know-how) that have there is no real or potential commercial value due to its unknown to third parties, which is not freely accessible on a legal basis and in respect of which the owner of such information has been introduced a commercial secret regime.
5.2. The Contractor undertakes to take all organizational, technical, legal measures aimed at preserving the trade secrets of the other Party.
5.3. The Contractor uses all confidential information received from the Customer exclusively for the provision of the Services under the relevant Agreement
5.4. The terms of the contract concluded between the Contractor and the Customer are confidential. The transfer of confidential information to one of the third parties to legal entities and individuals, publication or other disclosure may be carried out only with the written consent of the other Party, except as provided in paragraphs 5.5, 5.6. of these Rules.
5.5. The Contractor has the right to post general information about the fact of cooperation with the Customer on its website, in the portfolio, presentations and other promotional materials.
5.6. The Contractor has the right to transfer information received from the Customer to its employees, as well as to third parties involved in the provision of the Services, provided all measures are taken to protect the confidentiality of information by such persons.
6.1. These Rules are posted on the Contractor's website and any interested person has the opportunity to freely familiarize themselves with their content.
6.2. In everything that is not regulated by the Contract and these Rules, the Contractor and the Customer are guided by the provisions of the current legislation of the Russian Federation
6.3. These Rules can be changed unilaterally by the Contractor by placing the amended text at the address get8.ru/en-rules with a mandatory indication of the date of adoption of the amendments.
6.4. Changes in the Rules do not apply to the relations between the Contractor and the Customer, which arose on the basis of the Agreement, signed before the relevant change.
6.5. By signing the Contract with the Contractor, the Customer accepts the provisions of these Rules insofar as they are not changed or supplemented by the Contract.
These Rules are applied in the part in which they are not changed or specified in the service agreement between the Company and customers.
TERMS AND DEFINITIONS
For the purposes of these Rules, the terms and definitions indicated with a capital letter have the following meaning:
Widget is an auxiliary program for the computer, placed in the workspace of the Program and designed to solve a specific list of tasks. The Society has The exclusive rights to all Widgets mentioned in these Rules.
Contract is the Service Agreement concluded between the Company and the Customer, as well as all annexes and additional agreements to it.
Customer is Any person, regardless of the organizational and legal form, interested in the Services provided by the Company
Legal owner is Joint-stock company "amoCRM" (Primary National Registration Number - 5157746087681) is a Russian legal entity that has the entire volume of exclusive rights in relation to the Program
The programme means a program for the computer "amoCRM" (both as a whole and the components thereof) presented in its objective form by cumulative data and commands, including the source text, database, audiovisual works included by the Copyright Holder in the specified computer program, as well as any documentation on its use.
The User means an individual using the Programme directly. The User may be the Customer, the Customer's employee, or any other person who has obtained the right to use the Program legally.
Website is the Internet site belonging to the Company, located at get8.ru
Services is one-time and (or) periodic services aimed at the implementation, adjustment, adaptation, modification of the Program, as well as technical support for the end-user of the Program.
SECTION I
GENERAL RULES OF RENDERING SERVICES
1.1. The Contractor guarantees the availability of sufficient qualifications, as well as organizational, labor, financial, material resources necessary to provide the Services in the interests of the Customers.
1.2. These Rules contain the general terms and procedure for the provision of the Services and are applied in the part in which the relations between the Contractor and the Customer are not regulated by the relevant Treaty. To avoid any doubt, the Contractor confirms the following:
(a) The Contractor and the Customer shall have the right to supplement and amend the provisions of these Rules by including the relevant conditions in the Agreement.
(b) In case of contradiction of the text of these Rules, the provisions of the Contract are applied to the provisions of the Agreement concluded between the Contractor and the Customer.
1.3. The Contractor has the right to involve third parties in the provision of the Services. At the same time, the Contractor bears full responsibility for the provision of the Services by such third parties and guarantees the quality of their provision.
1.4. The Contractor shall not be entitled to initiate the provision of the Services, suspend their provision or postpone the provision of the Services provided that the Customer has the debt to pay for one-time and (or) periodic Services provided for by the Agreement.
1.5. The Contractor has the right not to proceed with the provision of the Services, suspend their provision or postpone the provision of the Services if the Customer does not have access to the necessary systems (Licensee's Internet site, telephony, used services) or the necessary information named in Section IV of these Rules .
1.6. The Customer undertakes to timely and fully provide the Contractor with all the information necessary for the implementation of this Agreement, in particular, the information named in Section IV of these Rules.
1.7. The Customer undertakes to provide the Contractor with access to the Program, telephony, other services of the Customer in the event that it is necessary to provide the Services under the relevant Agreement.
1.8. The Contractor and the Customer are obliged to appoint persons responsible for the interaction of the Parties on the issues of execution of the Agreement.
1.9. The Customer has the right to receive information on the progress of the provision of the Services, to require the provision of a list of persons authorized by the Contractor to maintain the equipment and the Customer's Program, and to provide their wishes on the provision of the Services.
1.10. In the case that the Customer requires the purchase of additional equipment, consumables, components or spare parts for the provision of the Services, the relevant purchase is carried out by agreement of the Parties, by the forces and at the expense of the Customer.
SECTION II
ONE-TIME SERVICES
2.1. The Contractor starts to provide one-time Services no later than 5 (five) working days after full payment by the Customer, unless another procedure is established by the Agreement
2.2. The specific volume of one-time Services, their cost and terms of rendering are determined by the Contractor and the Customer in the Contract.
2.3. The Contractor has the right to change the terms for rendering one-time Services in a unilateral notification procedure in the absence of feedback from the Customer for more than 48 (forty-eight) hours by telephone, e-mail, or other communication channel agreed in the Contract, as well as if the Customer changes any information provided to Licensor , associated with the process of providing one-time Services, as well as information about persons who will be instructed to work with the Program (when providing the appropriate service).
SECTION III
PERIODIC SERVICES
3.1. Periodic Services provided by the Company are technical support and technical support of Users in the process of using the Program.
3.2. The volume of periodic Services provided by the Company is determined by the Contractor and the Customer in the Contract, subject to the provisions of this Section
3.3. Unless otherwise agreed by the Parties in the Agreement, periodic Services are rendered to the Customer at a basic level. The specifics of the provision of periodic Base-level Services are established in clauses 3.4 to 3.9. of these Rules.
3.4. The basic level of technical support assumes the monthly provision of the following periodic Services by the Contractor:
(a) Assistance in resolving technical problems (first line of support) related to the operation of the Program by the Users, including providing answers to questions related to the incorrect operation of the Program, resulting from errors of the Customer's employees or errors within the Program.
(b) In case of translating the request ("ticket") to the second line of support (developers) - search, analysis and correction of errors.
(c) Updating the Program in case of changes in the REST API of the Program.
(d) Consideration and registration of the Customer's proposals for the development or modification of the functions performed by the Program, which can be taken into account and implemented in the new version of the Program.
(e) The right to use the Customer Widgets GetMail, GetSMS, GetCopy, GetDouble, GetFile
3.5. Technical support is provided by the Contractor in the following ways:
(a) Telephone line of consultation of the Customer in the amount not exceeding 15 (fifteen) minutes during the working day.
(b) Text line of the Customer's consultation (e-mail).
3.6. Requests for technical support are sent by the Customer by E-mail is support@get8.ru. The term of the Contractor's response to the Customer's application is determined by the nature of the arising issues, but can not exceed two working days. The Contractor undertakes to take action to resolve the problems that arise in the shortest possible time.
3.7. Technical support is provided by the Contractor through:
(a) remote access to the Program;
(b) issuing advice and technical advice on E-mail;
3.8. Services are rendered by the Contractor on working days, from 10-00 to 19-00 hours, Moscow time.
3.9. The parties may agree on a different volume or procedure for the provision of periodic Services in the relevant Treaty.
3.10. Services for the elimination of the Customer's material remarks to the Program or for the implementation of the Customer's proposals for modification of the Program not directly related to the presence of errors within the Program are not included in the basic level of technical support. Any additional periodic Services that do not relate to the basic level are rendered on the basis of additional agreements or annexes to the Treaty.
3.11. The cost of periodic services is determined by the Contractor and the Customer in the Agreement and depends on the level of technical support and the number of Users.
3.12. The Contractor shall not be liable for the delay in the provision of periodic Services, if such delay was caused by:
(a) Unavailability of Users or technical means of the Customer to provide Services;
(b) malfunction of external communications (telephone lines, e-mail, Internet).
SECTION IV
PROVISION OF INFORMATION
4.1. With a view of operative interaction between the Contractor and the Customer, electronic documents can be exchanged with the help of available technical means. The priority method of information exchange is e-mail. Electronic letters are sent to the time interval from 10.00 to 19.00 (Moscow time), on working days. When sending an email after 19.00 or on non-working days, the letter is considered delivered on the next business day.
4.2. All documents sent by the Contractor from e-mail addresses with the @ get8.ru domain to the Customer's e-mail address specified in the Agreement are deemed to have come from Licensor.
4.3. In the presence of two or more revisions of one document sent by different letters, the document sent by the latter is considered valid.
4.4. During the performance of the Agreement, e-mails, as well as documents sent via e-mail (including acts of acceptance and transfer of services rendered) are recognized as equivalent to originals signed by a handwritten signature, as only the Contractor and the Customer, as well as the persons authorized by them, have access to the corresponding e-mail addresses. The Contractor and the Customer are responsible for unauthorized access to their e-mail by third parties.
4.5. The Contractor and the Customer are obliged to exchange the originals of the documents necessary for maintaining the accounting and tax records, as well as documents that modify or supplement the terms of the Agreement.
4.6. In order to fulfill the terms of the Contract, the Customer is obliged to provide the Contractor with the following information:
- Surname, first name, patronymic and e-mail addresses of Users;
- Access (login and password) to the mail for registration of services;
- Access to the Program (if available);
- Access to existing telephony and PBX (if available);
- Access to direct SIP registration data for PBX OnlinePBX (with the technical capability of the current PBX);
- Access to the site (FTP / hosting / admin panel / DBMS depending on the site);
- Remote access via Anydesk to the company's internal network to configure SIP phones (if available);
- Access to the E-mail distribution service (Mailchimp / Unisender / Mail365 / GetResponse / Aramba / SendPulse / Pechkin-mail.ru / ActiveCampaign to choose from), if available.
- Access to the service of SMS dispatches (SMS center / Profisend / Zanzara / SMSRU / SMSProvider / P1SMS.ru), if available;
- Access to the Dropbox file storage service;
- Access to the online chat service JivoSite;
- The contract templates for the GetDoc widget;
- Templates of commercial letters for GetMail;
- SMS templates for GetSMS;
- A database for import in the required format for the Program;
- Information about business processes in the company.
4.7. In the case that the Contractor requires additional information from the Customer, not named in item 4.6. the list of such information is specified in the Agreement.
SECTION V
CONFIDENTIALITY
5.1. The Contractor, recognizing the value and importance of the information received during the provision of the Services, assumes the obligation to preserve the confidentiality of all information received from the Customer. Confidential information, in particular, but not limited to, information about customers and contractors of the Customer, ways to attract customers and contractors, marketing and advertising mechanisms and campaigns, information exchange system within the Customer's company and with counterparties, logistic schemes, work order, state size, final beneficiaries, scientific and technical, technological, production, financial and economic or other information, including the secrets of production (know-how) that have there is no real or potential commercial value due to its unknown to third parties, which is not freely accessible on a legal basis and in respect of which the owner of such information has been introduced a commercial secret regime.
5.2. The Contractor undertakes to take all organizational, technical, legal measures aimed at preserving the trade secrets of the other Party.
5.3. The Contractor uses all confidential information received from the Customer exclusively for the provision of the Services under the relevant Agreement
5.4. The terms of the contract concluded between the Contractor and the Customer are confidential. The transfer of confidential information to one of the third parties to legal entities and individuals, publication or other disclosure may be carried out only with the written consent of the other Party, except as provided in paragraphs 5.5, 5.6. of these Rules.
5.5. The Contractor has the right to post general information about the fact of cooperation with the Customer on its website, in the portfolio, presentations and other promotional materials.
5.6. The Contractor has the right to transfer information received from the Customer to its employees, as well as to third parties involved in the provision of the Services, provided all measures are taken to protect the confidentiality of information by such persons.
SECTION VI
CONCLUDING PROVISIONS
6.1. These Rules are posted on the Contractor's website and any interested person has the opportunity to freely familiarize themselves with their content.
6.2. In everything that is not regulated by the Contract and these Rules, the Contractor and the Customer are guided by the provisions of the current legislation of the Russian Federation
6.3. These Rules can be changed unilaterally by the Contractor by placing the amended text at the address get8.ru/en-rules with a mandatory indication of the date of adoption of the amendments.
6.4. Changes in the Rules do not apply to the relations between the Contractor and the Customer, which arose on the basis of the Agreement, signed before the relevant change.
6.5. By signing the Contract with the Contractor, the Customer accepts the provisions of these Rules insofar as they are not changed or supplemented by the Contract.