1.1 This document is an official offer of Ego Digital Card Technology (hereinafter referred to as the Contractor) to enter into the Agreement under the terms as stated below. This Agreement is placed on the official web-site of the Contractor ego.cards and shall be issued to the User for review and registration and, at discretion of the User, may be sent to any person by e-mail or through any other communication mean. Pursuant to Article 435 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), this document is an offer.
1.2 The Agreement is executed through acceptance of the Contractor’s offer by the party concerned (hereinafter referred to as the User). A written form of the agreement between the Contractor and the User (hereinafter referred to as the Agreement) shall be deemed to be consistent with Article 434 of the Civil Code of the Russian Federation and shall not require for conclusion of any addendum in paper form and sharing such counterparts.
1.3 Full and irrevocable acceptance of the offer shall be registration of the User on the Contractor’s site and acknowledge of the terms of the public offer and taking actions by the Contractor to perform such terms stated in the Agreement, including registration of personal profile, box checking, provision of information, photos, giving consent to processing of personal data contained therein, making payments and taking any other actions with regard to use of options of the Personal Profile and site sections required for authorization.
1.4 The offer may be revoked by the Contractor at any time prior to its acceptance by the User.
1.5 Applications, propositions and claims of individuals and entities against the Contractor concerning content and functioning of the Site, violation of third party rights and interests, legislative requirements of the Russian Federation, and for requests of persons authorized by the law of the Russian Federation shall be sent to e-mail of the Contractor: firstname.lastname@example.org.
1.6 The Contractor and the User shall be collectively referred to as the Parties and separately as the Party.
1.7 The Contractor shall propose to enter into this Agreement under the following terms:
2. SUBJECT MATTER OF THE AGREEMENT
2.1 The Contractor shall make the Digital Business Card and provide the User and third parties having the related electronic link with access to the Digital Business Card of the User and the User shall pay in the amount and in the manner as provided by this Agreement.
2.2 The following terms are used herein:
2.2.1 User – any individual, including individual entrepreneur, giving its consent to the terms stated herein by taking actions as set out in clause 1.3 of the Agreement and aimed at using any possibilities of the Site.
2.2.2 Digital Business Card – a business card in digital form with active lines that include personal data of the User that may be available for persons having the related electronic link. Such digital Business Card shall be stored on the Contractor’s server.
2.2.3 Personal Profile of User (hereinafter referred to as the Personal Profile) – a site section with electronic information consisting of personal data of the User that include: surname, name, patronymic, date and place of birth, sex, citizenship and nationality; series, passport number, other passport details; residence and registration address. Home and mobile phone number, e-mail; address in Skype, social networks, marital, social, property status (including information on movable and immovable property); information on education, occupation and professional personal achievements; information on participation in any projects; information (including address, working phone number, title, period of work, employer’s name) on current and former work place, information on business partners, photos, and any other data that the User disclosed in execution or during performance of this Agreement and required for making the Digital Business Card of the User.
2.2.4 User Account (hereinafter referred to as the User Account) – aggregate data of the User stored on the Site required for its identification (authorization) and access to its Personal Profile.
2.3 All information on service rendered by the Contractor, including the amount of payment hereunder, shall be provided to the User through placement on the Site and after registration – at the Personal Profile of User.
2.4 By signing this Agreement (accepting the offer) and/or sing up at the Personal Profile on the Site and/or making payments hereunder, the User shall confirm that information with regard to the performance of this Agreement has been provided, explained and understandable to him.
3. PERFORMANCE OF THE AGREEMENT
3.1 The Contractor shall warrant available registration functions in software on the Site and creation of Personal Profiles based on such registration for the persons concerned in creation of Digital Business Cards for free review by third parties having the related electronic link.
3.2 The Digital Business Card shall be issued for an individual, legal entity, product or registered trademark.
3.3 Access to the Digital Business Card shall be provided to the User at the Personal Profile as electronic link in Internet.
3.4 The User shall get access to the Personal Profile after registration on the Site selecting the related option and entering data (including password, phone number, e-mail). When taking such actions, the User will get a link for confirmation to e-mail stated in registration, then the User shall activate the Personal Profile following such link and shall complete the remaining stages of registration in accordance with the instructions on the Site. Prior to the completion of these stages of registration, the Contractor shall be entitled to keep options of the Personal Profile in unserviceable condition concerning payment hereunder and making of the Digital Business Card.
3.5 Based on data entered by the User at the Personal Profile, Digital Business Card for the User shall be made.
3.6 Data stated in registration and recorded in the Digital Business Card may be further changed by the User at his Personal Profile filling in the application for changes.
3.7 The User shall warrant the completeness and accuracy of all data stated in registration on the Site and personal data and photos for the Digital Business Card.
3.8 The User shall warrant that all required consents and permits for use, editing of photos placed at his Personal Profile are received from the author of these photos and the Contractor shall be entitled to use and edit them when making the Digital Business Card and shall be entitled to state the author of photos when placing in the Digital Business Card of the User.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1 The Contractor shall be entitled:
4.1.1 To demand the User to pay in the manner as provided by this Agreement.
4.1.2 To refuse to make the Digital Business Card for the User and/or provide access to such card if content of information and/or photos provided are inconsistent with the law of the Russian Federation or inaccurate.
4.1.3 To block or remove the User Account and deny access to his Personal Profile and Digital Business Card and/or change and/or remove them without any reason in case of non-payment by the User within three months and in case of breach by the User of this Agreement.
4.1.4 To send advertising, information and other messages to e-mail or phone number stated by the User or to place the related information at the Personal Profile.
4.2 The Contractor shall:
4.2.1 Inform the User on the availability of the Digital Business Card placing a link at the Personal Profile or sending a SMS or sending a message to e-mail of the User;
4.2.2 Notify the User on changes in functions of the Digital Business Card placing information in the Personal Profile;
4.3 The User shall be entitled:
4.3.1 To use technical functions of Personal Profile provided to the User and other site sections reasonably and in good faith;
4.3.2 To provide an electronic link to the Digital Business Card to any third parties by any mean, including placing such link in Internet, in particular, in social networks.
4.3.3 To changes information stated in the Digital Business Card completing the application at the Personal Profile.
4.3.4 To remove his personal account and/or refuse from the Site at any time.
4.4 The User shall:
4.4.1 Pay hereunder as provided herein.
4.4.2 Keep confidentiality of data required for access to the Personal Profile (username and password), including ensure non-disclosure of such data to any third parties. All actions on the Site using the Personal Profile shall be deemed to be done by the User.
4.4.3 In case of changes in any data stated by the User at the Personal Profile, immediately, but in any case within three days from the date of changes, adjust information at the Personal Profile and update.
4.4.4 Immediately notify the Contractor on any unauthorized access to the Site from the Personal Profile and/or on any breach (alleged breaches) of confidentiality of own means of access to the Personal Profile. For the purposes of security, the User shall perform safe work completion at own Personal Account after completion of each session at the Personal Profile.
4.4.5 Not take any actions impacting operation of the Site, including retain from the following actions: intention to reproduce, copy, sell Site’s elements, intention to impact Site operation through technical means, intention to overcome protection means, to use any malware for any own purposes, to use attacks, spam, links and any other processes that may affect the Site functions.
4.4.6 Have only one Personal Profile.
4.4.7 Change password to own Personal Profile each six months, using combination of Latin symbols of lower and upper cases, digits and specific symbols in the number of at least nine and including at least one symbol of each given group.
4.4.8 Assume all potential risks connected with his actions of making errors, discrepancies in data provided.
4.4.9 Follow the terms stated on the Site and at the Personal Profile align with the terms of the Agreement.
5. COST OF SERVICES AND PAYMENT ORDER
5.1 The amount of payment for standard version of the Digital Business Card and rates for use of the Contractor’s Site is given on the homepage on the Site or in its specific section.
5.2 At discretion of the User, the Parties may agree upon changes in image of the Digital Business Card at extra cost.
5.3 Payment under the Agreement shall be made by the User as 100% advance payment.
5.4 Payment shall be made in Russian rubles. The User shall warrant that he has the right to use such funds for payment without violation of the law of the Russian Federation. The Contractor shall not be liable for any potential damage to third parties incurred as a result of use by the User of funds that he did not own.
5.5 The User shall follow payment instructions as stated at the Personal Profile.
5.6 The User shall, on own account and at own cost, bear all expenses for crediting funds to the Contractor, including levies, fees and other payment types charged for use of the related payment system.
5.7 Electronic cash receipt shall be sent to e-mail of the User at the payment date.
6. DISPUTE SETTLEMENT
6.1 All disputes or discrepancies arising out between the Parties due to conclusion, modification, performance, termination and validity of this Agreement shall be settled through negotiations. Out-of-court procedure for the resolution of the dispute shall be obligatory. All claims shall be sent in writing and signed by the authorized representatives of the Parties and shall be reviewed by the Party receiving such claim within 10 (ten) working days from the date of receipt.
6.2 The Parties shall delegate the contractual jurisdiction for dispute settlement concerning conclusion, modification, performance, termination and validity of this Agreement to the Solntsevsky District Court of Moscow or Judge of Piece of the judicial district No.138 for the city of Moscow (in accordance with the suit amount pursuant to the jurisdiction rules). If the User has a status of individual entrepreneur, all disputes hereunder shall be settled in the Moscow Arbitration Court.
7. LIABILITY OF THE PARTIES
7.1 For non-performance or improper performance of obligations hereunder, unless otherwise provided herein, the Parties shall bear liability in accordance with the law of the Russian Federation.
7.2 The Contractor shall bear liability for content of information and photos provided by the User for placement in the Digital Business Card.
7.3 The User shall bear solely liability for any sequences of breach of legislation due to the placement of inaccurate data and photos at the Personal Profile as placed in the Digital Business Card.
7.4 In case of any third claims against the Contractor and receipt of any orders, directions and other acts of controlling authorities with regard to information, photos provided by the User, the latter shall assist the Contractor, including by providing the Contractor and/or third parties and/or controlling authorities with information, documents, statements required for dispute settlement.
7.5 In case of any liability imposed on the Contractor for breach of the law due to inaccuracy of data provided by the User, the latter shall recover all expenses of the Contractor incurred due to such liability imposed.
8. FORCE-MAJEURE CIRCUMSTANCES
8.1 Either Party shall be exempted from liability for non-performance or improper performance of own obligations under the Agreement in case of existence of any force-majeure circumstances.
8.2 All events stated below shall be a result of existence of force-majeure circumstances: acts of God, fire, flood, epidemics, social conflicts, strikes, lockouts, labor disputes causing full or partial lockdown and other circumstances preventing the performance of hereof which the Parties could not foresee or prevent with reasonable efforts.
9.1 Each Party shall not disclose confidential information received from other Party in relation to the performance of this Agreement, except for cases when such information shall be provided by the authorized authorities of state and/or municipal government in accordance with the legislative requirements of the Russian Federation or when disclosure of such information to any third parties shall be provided and/or permitted by this Agreement.
9.2 For the purposes of this Agreement, confidential information shall mean any scientific and technical, technological, commercial, organizational or other information having valid potential commercial value for the Parties hereto due to its non-public nature to parties that could receive any benefits from its disclosure or use, not available by virtue of law and in relation to which any adequate protection measures should be taken.
10. PERSONAL DATA
10.1 By entering into this Agreement when signing up on the Site, the User shall give his written consent to processing of hi personal data as set out in clause 2.2.3 hereof.
10.2 The User shall acknowledge that information on him will be given in his Digital Business Card.
10.3 Personal data processing may be made by the Contractor and/or his counteragents for the purposes of this Agreement and shall include collection, systematization, accumulation, storage, updating (updates, changes), use, distribution, anonymization, blocking, destruction of personal data.
10.4 The User shall be notified that his personal data may be processed based on automated and non-automated processing methods.
10.5 The User shall agree that the Contractor shall be entitled to delegate the right of data processing to other person.
10.6 This consent shall be valid within an unlimited period.
10.7 Effect of the consent shall be terminated based on a written application signed by the User and shall be served or sent by prepaid mail with notice of receipt to the Contractor. The User shall give consent to personal data processing until the date when the Contractor receives the notice of revoke of consent to personal data processing.
11. FINAL PROVISIONS
11.1 This Agreement shall come into effect from the date of offer acceptance by the User and shall be valid within an unlimited period.
11.2 The Contractor shall be entitled to involve any third parties for the performance hereof.
11.3 Any amendments and supplements hereto, if initiated by the User, shall be valid if they are in writing and signed by properly authorized representatives of the Parties.
11.4 This Agreement may be amended and/or supplied by the Contractor, at his sole discretion. Herewith, further use of the Personal Profile and the Digital Business Card upon amendments and/or supplements hereto shall mean the User’s consent to such amendment and./or supplements. The User shall regularly track changes in the terms of the Agreement placed on the Site and/or at the Personal Profile.
11.5 This Agreement shall be valid in case of changes in banking details of the Parties. In case of such changes, the Parties shall notify each other within three days.
11.6 All notices and communications hereunder shall be served by the Parties to each other in writing. The notices shall be deemed to have been properly served if placed at the Personal Profile or sent to e-mail of the related Party as set out in section 12 hereof.
12. DETAILS OF THE PARTIES
12.1 Details of the User shall be entered when signing up and shall be contained at the Personal Profile.
12.2 Details of the Contractor: