Select preferred messenger
Re:plain works perfectly either in WhatsApp, Facebook Messenger or in Telegram. Please, select the preferred one.
Privacy Policy
Cookie Policy
Terms of Service
Data processing agreement
Privacy Policy
The confidentiality and data security of our customers, as well as visitors of our service, are extremely important for Re:plain team and we carefully treat the trust given to us.
Current privacy policy is created for the purpose of transparent and sufficient description of all processes in our company related to the processing of data, allowing directly or indirectly to identify the person who provided them (hereinafter - personal data).
Any information collected and stored within replain.cc services is handled with all due precautions. We use all necessary organizational, technical and protective measures to prevent unauthorized access to the processed data or other wrongful use of data of our users and customers.
Personal data we receive from our customers and users of Re:plain, services, as well as visitors to the website (www.replain.cc):
Also, the processing of personal data on the platforms and services of our company is carried out in full compliance with the General Data Protection Regulation (GDPR), which enters into force on the territory of the European Union on May 25, 2018.
Registrar of Domain Names REG.RU LLC company can access and use the information you provide only for the purposes of: (а) providing services within the Re:plain service; (b) communication with you in order to inform you about the terms and order of services provision within Re:plain service; (c) an answer to your questions related to the work of Re:plain.
We do not use your data for any other purposes not expressly indicated in this Policy, unless we receive your direct and accurate consent to the use of the data you provide for other purposes.
Your data, provided when using the services of Re:plain, are processed by us only if:
What else do I need to know?
You can access the publicly accessible site Re:plain, without giving us any information about yourself. In limited cases, we may need to ask you to provide information in order to provide you with a service in full. In such cases, we may ask you to register or put a tick on the consent for provision of data in the form of data entry.
If you will agree to provide us with the information about yourself needed for each specific case (for example surname, e-mail address), the information we receive may be provided for processing by third parties only upon receipt of your express consent to such a transfer.
Also, we often use personal data that you voluntarily provide (for example, during registration on the site, during the call) to respond to your requests, provide you with offers or information, process your orders.
In the context of existing relationships with customers, the following operations are possible:
You have the right at any time to refuse to provide us your personal data. Re:plain does not provide your personal data to third parties and does not use this information in any other way than for services provision of companies of our group, subsidiaries, affiliates and partners, in the purposes known to you in advance.
Exceptions are cases where collection, storage and processing are performed:
We keep your personal data for:
We may use the data you provide in order to:
What is this Policy about?
For the purposes of this Policy:
In accordance with the provisions of the General Data Protection Regulation (GDPR), which enters into force in the territory of the European Union on May 25, 2018, you are entitled to:
Processing of personal data of children.
Re:plain does not intentionally collect personal data from persons under 14 years of age. In case you are a person under the age of 14, please do not provide any data within the framework of Re:plain service. We strongly recommend that parents and legal representatives of minors closely monitor the admission of children to use Re:plain services.
Сookies
We collect information about visitors to our sites on the Internet to improve our service and online offerings. This allows Re:plain to better meet the needs of customers. The information received is completely depersonalised so that the identification of individual people is impossible. Re:plain service uses cookie files to collect impersonal information. Cookies are data items that the browser stores. Cookies help to provide offers designed specially for you. You can prohibit the use of cookies by selecting the appropriate settings in the web browser, but in this case you lose the opportunity to use the full functionality of such website. Re:plain website may contain hyperlinks or cookies to other websites or information of third parties. We try to carefully select such websites, information or offers, but can not guarantee that a third party fully complies with the legal requirements for confidentiality and security in the same way as Re:plain. We are not responsible for the information and offers contained on such websites.
Who to contact?
In case you have any objections, comments or requirements regarding our processing order of personal data, as well as on all issues related to the processing of personal data in the framework of the Re:plain platform, you can apply for all necessary consultations using the following requisites:
Limited Liability Company Registrar of Domain Names REG.RU
TIN / CAT 7733568767 / 771401001
Address for correspondence:
123308, Moscow, 3rd Khoroshevskaya str., 2, building 1, floor 1, apartment I, room 12 E-mail address: hi@replain.cc
Contact phone number: +7.4955140573
What information we collect?
With the help of Re:plain services, we collect information exclusively for the purpose of providing full and high-quality services, as well as for interacting with our customers on the issues of the provided services, as well as the continuous improvement of the quality of the services provided. In case of using Re:plain widget, you may be requested to provide the following data:
When requesting specified data you will be given the opportunity to give us your permission to process the specified data, in order to provide Re:plain services, as well as answers to your requests in order to provide information about Re:plain service
In specific cases Re:plain widget can also collect your order number; phone model; as well as ask you to provide your home address or other information. You will be specially notified about this action and we'll ask for your consent to collect such information. This information may be necessary to process your message within a specific website, as well as to improve your user experience.
Re:plain — use and retrieve information related to social networking environments
Re:plain uses social networking and service modules, such as Telegram to use and retrieve information These plug-ins modules and other platforms can be recognised by the logo or text corresponding to the platform. If you use these plug-ins, they can establish a direct connection of the browser used to the corresponding social networking sites. Because this transfer is done directly between your browser and the corresponding network, Re:plain can not receive any information about the data being transferred.
When clicking for activation (for example, when you click a button to confirm) or when entering comments in the chat window, different data can be transferred the list of which depends on the operator of the social network. For example, the following data can be transmitted:
Re:plain does not control the use of any data in any social networks
Please familiarize yourself with the list of social networks and sites through which you can leave messages on the Re:plain platform, as well as with links to their privacy policies concerning personal information. You can familiarize yourself with your rights and responsibilities in each social computerized platform.
The confidentiality and data security of our customers, as well as visitors of our service, are extremely important for Re:plain team and we carefully treat the trust given to us.
Current privacy policy is created for the purpose of transparent and sufficient description of all processes in our company related to the processing of data, allowing directly or indirectly to identify the person who provided them (hereinafter - personal data).
Any information collected and stored within replain.cc services is handled with all due precautions. We use all necessary organizational, technical and protective measures to prevent unauthorized access to the processed data or other wrongful use of data of our users and customers.
Personal data we receive from our customers and users of Re:plain, services, as well as visitors to the website (www.replain.cc):
- processed on a legal basis, in a fair and transparent manner with respect to the data subject;
- collected for specific, clearly defined in this Policy and legal purposes and can not be processed in a way incompatible with these purposes
- kept up-to-date, can be updated / deleted / changed by the client if necessary ;
- can be removed or corrected in a timely manner;
- stored in a form that allows data subjects identification for the period necessary for the purposes for which the personal data is processed;
- processed in a manner that ensures appropriate security of personal data, including protection from unauthorized or illegal processing, as well as from accidental loss, damage or destruction, using appropriate technical and organizational measures.
Also, the processing of personal data on the platforms and services of our company is carried out in full compliance with the General Data Protection Regulation (GDPR), which enters into force on the territory of the European Union on May 25, 2018.
Registrar of Domain Names REG.RU LLC company can access and use the information you provide only for the purposes of: (а) providing services within the Re:plain service; (b) communication with you in order to inform you about the terms and order of services provision within Re:plain service; (c) an answer to your questions related to the work of Re:plain.
We do not use your data for any other purposes not expressly indicated in this Policy, unless we receive your direct and accurate consent to the use of the data you provide for other purposes.
Your data, provided when using the services of Re:plain, are processed by us only if:
- you provide a direct consent to the processing of your personal data for one or more specific purposes;
- it is necessary to process given information in order to fulfil the contract and provide the services you ordered;
- it is necessary to protect the vital interests of the data subject or other individual;
- processing is necessary for the performance of a task carried out in the public interest or in the exercise of the official powers entrusted to the controller;
- processing is necessary for the purposes of securing the legitimate interests of the controller or a third person, unless such interests do not take into account the interests or fundamental rights and freedoms of the data subject that require the protection of personal data, in particular when the data subject is a child.
What else do I need to know?
You can access the publicly accessible site Re:plain, without giving us any information about yourself. In limited cases, we may need to ask you to provide information in order to provide you with a service in full. In such cases, we may ask you to register or put a tick on the consent for provision of data in the form of data entry.
If you will agree to provide us with the information about yourself needed for each specific case (for example surname, e-mail address), the information we receive may be provided for processing by third parties only upon receipt of your express consent to such a transfer.
Also, we often use personal data that you voluntarily provide (for example, during registration on the site, during the call) to respond to your requests, provide you with offers or information, process your orders.
In the context of existing relationships with customers, the following operations are possible:
- collection, preservation and processing of personal data, within the framework of the above mentioned operations and actions;
- forwarding of personal data to third parties within the framework of rendering services.
You have the right at any time to refuse to provide us your personal data. Re:plain does not provide your personal data to third parties and does not use this information in any other way than for services provision of companies of our group, subsidiaries, affiliates and partners, in the purposes known to you in advance.
Exceptions are cases where collection, storage and processing are performed:
- to protect legal rights;
- to protect against lawsuits;
- for preparation, negotiation and implementation of business operations;
- at the request of the public authority, by order of the court or on other legal ground;
We keep your personal data for:
- the term necessary to fulfill contractual obligations for the delivery and provision of services;
- the term, legally established for the storage of certain types of information;
- legally established period of responsibility of the manufacturer for the safety of goods;
- the term necessary for settling disputes and implementing any agreements reached;
We may use the data you provide in order to:
- contact you if you send a request;
- send you emails about products, services and offers that we think may interest you;
- send you advertising messages or call about products, services and offers that we think may interest you;
What is this Policy about?
For the purposes of this Policy:
- personal data - any information relating directly or indirectly to a determined or being determined individual (subject of personal data);
- personal data processing - any action (operation) or set of actions (operations) with personal data, performed with or without the use of automation tools. Processing of personal data includes: collection; record; systematisation; accumulation; storage; specification (update, change); extraction; use; transfer (distribution, provision, access); depersonalization; blocking; removal; destruction.
- automated processing of personal data - processing of personal data by means of computer facilities;
- provision of personal data - actions aimed at disclosing personal data to a specific person or a certain circle of persons;
- destruction of personal data - actions, as a result of which it becomes impossible to restore the contents of personal data in the personal data information system and (or) as a result of which material carriers of personal data are destroyed;
- subject of personal data - an individual directly or indirectly determined or being determined on the basis of personal data relating to him;
- controller - means a natural or legal person, a government agency, an agency or other authority that independently or jointly with others determines the purposes and means of processing personal data;
- a person carrying out the processing of personal data - means a natural or legal person, a government agency, agency or other authority that processes personal data in the name and on behalf of the controller;
- «recipient» – means a natural or legal person, a government agency, an agency or other authority to which personal data are disclosed, whether or not they are third parties.
- «consent» - means any freely given, specific, conscious and unambiguous identifiable desire of the data subject by means of which he / she through application or by a clear affirmative action, agrees for the procession of personal data relating to him / her.
In accordance with the provisions of the General Data Protection Regulation (GDPR), which enters into force in the territory of the European Union on May 25, 2018, you are entitled to:
- quick access to the data provided;
- correct the data provided;
- delete the data provided;
- bring a demand on the limitation of the processing of the data provided in accordance with the provisions of applicable law;
- data portability, namely: obtaining the data provided to us in a structured, commonly used and machine-readable format;
- objections regarding our order of processing of your data;
Processing of personal data of children.
Re:plain does not intentionally collect personal data from persons under 14 years of age. In case you are a person under the age of 14, please do not provide any data within the framework of Re:plain service. We strongly recommend that parents and legal representatives of minors closely monitor the admission of children to use Re:plain services.
Сookies
We collect information about visitors to our sites on the Internet to improve our service and online offerings. This allows Re:plain to better meet the needs of customers. The information received is completely depersonalised so that the identification of individual people is impossible. Re:plain service uses cookie files to collect impersonal information. Cookies are data items that the browser stores. Cookies help to provide offers designed specially for you. You can prohibit the use of cookies by selecting the appropriate settings in the web browser, but in this case you lose the opportunity to use the full functionality of such website. Re:plain website may contain hyperlinks or cookies to other websites or information of third parties. We try to carefully select such websites, information or offers, but can not guarantee that a third party fully complies with the legal requirements for confidentiality and security in the same way as Re:plain. We are not responsible for the information and offers contained on such websites.
Who to contact?
In case you have any objections, comments or requirements regarding our processing order of personal data, as well as on all issues related to the processing of personal data in the framework of the Re:plain platform, you can apply for all necessary consultations using the following requisites:
Limited Liability Company Registrar of Domain Names REG.RU
TIN / CAT 7733568767 / 771401001
Address for correspondence:
123308, Moscow, 3rd Khoroshevskaya str., 2, building 1, floor 1, apartment I, room 12 E-mail address: hi@replain.cc
Contact phone number: +7.4955140573
What information we collect?
With the help of Re:plain services, we collect information exclusively for the purpose of providing full and high-quality services, as well as for interacting with our customers on the issues of the provided services, as well as the continuous improvement of the quality of the services provided. In case of using Re:plain widget, you may be requested to provide the following data:
- phone
- name
- electronic addresses (E-mail);
- IP Address
- the starting address of the visitor, if he passed by reference (the source address of the link);
- URL address of the current website.
When requesting specified data you will be given the opportunity to give us your permission to process the specified data, in order to provide Re:plain services, as well as answers to your requests in order to provide information about Re:plain service
In specific cases Re:plain widget can also collect your order number; phone model; as well as ask you to provide your home address or other information. You will be specially notified about this action and we'll ask for your consent to collect such information. This information may be necessary to process your message within a specific website, as well as to improve your user experience.
Re:plain — use and retrieve information related to social networking environments
Re:plain uses social networking and service modules, such as Telegram to use and retrieve information These plug-ins modules and other platforms can be recognised by the logo or text corresponding to the platform. If you use these plug-ins, they can establish a direct connection of the browser used to the corresponding social networking sites. Because this transfer is done directly between your browser and the corresponding network, Re:plain can not receive any information about the data being transferred.
When clicking for activation (for example, when you click a button to confirm) or when entering comments in the chat window, different data can be transferred the list of which depends on the operator of the social network. For example, the following data can be transmitted:
- IP-address;
- information about the browser and operating system;
- installed browser plug-ins, for example, Adobe Flash Player;
- the starting address of the visitor, if he passed by reference (the source address of the link);
- URL address of the current website.
Re:plain does not control the use of any data in any social networks
Please familiarize yourself with the list of social networks and sites through which you can leave messages on the Re:plain platform, as well as with links to their privacy policies concerning personal information. You can familiarize yourself with your rights and responsibilities in each social computerized platform.
When receiving information (intellectual analysis and profiling data) Re:plain will regularly analyze data in social computerized environments for marketing purposes based on existing contacts. These operations are performed automatically. Thereby, Re:plain may receive personal data or information from publicly available sources, access permission to which was previously confirmed by you, or for which no separate permission is required to collect, store and process data.
Re:plain company takes seriously the rights for confidentiality and personal rights, and will inform you of the source and category of data being collected, if there is need to obtain your consent to collect, store and process such information. At any time, you can revoke the consent granted to Re:Plain, without giving a reason.
Data protection
Re:plain takes technical and organizational security measures to protect your personal data from accidental, illegal alteration, deletion or loss, as well as from unauthorized access or disclosure.
The right to delete or modify data, as well as to withdraw consent to the processing of personal data
You can always contact us using the contact details of Re:plain (send us an email to hi@replain.cc from your email address, with the request:
Re:plain company takes seriously the rights for confidentiality and personal rights, and will inform you of the source and category of data being collected, if there is need to obtain your consent to collect, store and process such information. At any time, you can revoke the consent granted to Re:Plain, without giving a reason.
Data protection
Re:plain takes technical and organizational security measures to protect your personal data from accidental, illegal alteration, deletion or loss, as well as from unauthorized access or disclosure.
The right to delete or modify data, as well as to withdraw consent to the processing of personal data
You can always contact us using the contact details of Re:plain (send us an email to hi@replain.cc from your email address, with the request:
- in the statutory period to delete the personal data provided (in case of withdrawal of permission by the personal data subject);
- to change or update the data to more authentic;
- to provide information about the purposes, conditions, of processing of the personal data provided, and to send you the personal data provided by you in a structured form
Cookie
Version 1.0 — March 8, 2018
Like most websites, we use cookies on the Replain websites. Cookies are small text files used to store information on web browsers. Other technologies, including data we store on your web browser or device, identifiers associated with your device, and other software, are used for similar purposes. In this policy, we refer to all of these technologies as "cookies." Cookies never store any of your bank details.
Cookies help to improve the Replain website and give you a better experience. For example, they can help recognise you if you visit the Replain website often and we can use them to understand how you use our website and understand how effective it is, including any advertising we show you.
We use cookies to help us and third parties show ads to you about products, services and causes which we be think you would be interested in.
If you wish to block cookies you can do this in your browser settings; the Help function within your browser should tell you how. Alternatively, just search 'how to block cookies'.
Version 1.0 — March 8, 2018
Like most websites, we use cookies on the Replain websites. Cookies are small text files used to store information on web browsers. Other technologies, including data we store on your web browser or device, identifiers associated with your device, and other software, are used for similar purposes. In this policy, we refer to all of these technologies as "cookies." Cookies never store any of your bank details.
Cookies help to improve the Replain website and give you a better experience. For example, they can help recognise you if you visit the Replain website often and we can use them to understand how you use our website and understand how effective it is, including any advertising we show you.
We use cookies to help us and third parties show ads to you about products, services and causes which we be think you would be interested in.
If you wish to block cookies you can do this in your browser settings; the Help function within your browser should tell you how. Alternatively, just search 'how to block cookies'.
Data processing agreement
This Data Processing Agreement ("Agreement") forms part of the Contract for Services under the Re:plain Terms and Conditions (the "Principal Agreement"). This Agreement is an amendment to the Principal Agreement and is effective upon its incorporation to the Principal Agreement, which incorporation may be specified in the Principal Agreement or an executed amendment to the Principal Agreement. Upon its incorporation into the Principal Agreement, this Agreement will form a part of the Principal Agreement. The term of this Agreement shall follow the term of the Principal Agreement. Terms not defined herein shall have the meaning as set forth in the Principal Agreement.
Whereas
(A) Your company act as a Data Controller (the "Controller").
(B) Your company wishes to subcontract certain Services (as defined below), which imply the processing of personal data, to Registrar of Domain Names REG.RU LLC, acting as a Data Processor (the "Processor").
(C) The Parties seek to implement a data processing agreement that complies with the requirements of the current legal framework in relation to data processing and with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
(D) The Parties wish to lay down their rights and obligations.
It is agreed as follows:
1. DEFINITIONS AND INTERPRETATION
1.1 Unless otherwise defined herein, capitalised terms and expressions used in this DPA shall have the following meaning:
1.1.2 "Company Personal Data" means any Personal Data Processed by a Contracted Processor on Controller's behalf pursuant to or in connection with the Principal Agreement;
1.1.3 "Contracted Processor" means a Subprocessor;
1.1.4 "Data Protection Laws" means EU Data Protection Laws and, to the extent applicable, the data protection or privacy laws of any other country;
1.1.5 "EEA" means the European Economic Area;
1.1.6 "EU Data Protection Laws" means EU Directive 95/46/EC, as transposed into domestic legislation of each Member State and as amended, replaced or superseded from time to time, including by the GDPR and laws implementing or supplementing the GDPR;
1.1.7 "GDPR" means EU General Data Protection Regulation 2016/679;
1.1.8 "Data Transfer" means:
1.1.8.1 a transfer of Company Personal Data from Controller to a Contracted Processor; or
1.1.8.2 an onward transfer of Company Personal Data from a Contracted Processor to a Subcontracted Processor, or between two establishments of a Contracted Processor, in each case, where such transfer would be prohibited by Data Protection Laws (or by the terms of data transfer agreements put in place to address the data transfer restrictions of Data Protection Laws);
1.1.9 "Services" means end-to-end encrypted email services.
1.1.10 "Subprocessor" means any person appointed by or on behalf of Processor to process Personal Data on behalf of Controller in connection with the Agreement.
1.2 The terms, "Commission", "Controller", "Data Subject", "Member State", "Personal Data", "Personal Data Breach", "Processing" and "Supervisory Authority" shall have the same meaning as in the GDPR, and their cognate terms shall be construed accordingly.
2. Processing of company personal data
2.1 Processor shall:
2.1.1 comply with all applicable Data Protection Laws in the Processing of Company Personal Data; and
2.1.2 not process Company Personal Data other than on Controller's documented instructions.
2.2 Controller instructs Processor to process Company Personal Data to provide the Services and related technical support.
3. Processor personnel
Processor shall take reasonable steps to ensure the reliability of any employee, agent or contractor of any Contracted Processor who may have access to Company Personal Data, ensuring in each case that access is strictly limited to those individuals who need to know / access the relevant Company Personal Data, as strictly necessary for the purposes of the Principal Agreement, and to comply with Applicable Laws in the context of that individual's duties to the Contracted Processor, ensuring that all such individuals are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.
4. Security
4.1 Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Processor shall in relation to the Company Personal Data implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR.
4.2 In assessing the appropriate level of security, Processor shall take account in particular of the risks that are presented by Processing, in particular from a Personal Data Breach.
5. Subproccessing
5.1 Processor shall not appoint (or disclose any Company Personal Data to) any Subprocessor unless required or authorised by Controller.
6. Data subject rights
6.1 Taking into account the nature of the Processing, Processor shall assist Controller by implementing appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of Controller obligations, as reasonably understood by Controller, to respond to requests to exercise Data Subject rights under the Data Protection Laws.
6.2 Processor shall:
6.2.1 promptly notify Controller if it receives a request from a Data Subject under any Data Protection Law in respect of Company Personal Data; and
6.2.ensure that it does not respond to that request except on the documented instructions of Controller or as required by Applicable Laws to which the Processor is subject, in which case Processor shall to the extent permitted by Applicable Laws inform Controller of that legal requirement before the Contracted Processor responds to the request.
7. Personal data breach
7.1 Processor shall notify Controller without undue delay upon Processor becoming aware of a Personal Data Breach affecting Company Personal Data, providing Controller with sufficient information to allow Controller to meet any obligations to report or inform Data Subjects of the Personal Data Breach under the Data Protection Laws.
7.2 Processor shall co-operate with Controller and take reasonable commercial steps as are directed by Controller to assist in the investigation, mitigation and remediation of each such Personal Data Breach.
8. DATA PROTECTION IMPACT ASSESSMENT AND PRIOR CONSULTATION
8.1 Processor shall provide reasonable assistance to Controller with any data protection impact assessments, and prior consultations with Supervising Authorities or other competent data privacy authorities, which Controller reasonably considers to be required by article 35 or 36 of the GDPR or equivalent provisions of any other Data Protection Law, in each case solely in relation to Processing of Company Personal Data by, and taking into account the nature of the Processing and information available to, the Contracted Processors.
9. Deletion or return of company personal data
9.1 Subject to this section 9 Processor shall promptly and in any event within 10 business days of the date of cessation of any Services involving the Processing of Company Personal Data (the "Cessation Date"), delete and procure the deletion of all copies of those Company Personal Data.
9.2 Processor shall provide written certification to Controller that it has fully complied with this section 9 within 10 business days of the Cessation Date.
10. Audit rights
10.1 Subject to this section 10, Processor shall make available to Controller on request all information necessary to demonstrate compliance with this Agreement, and shall allow for and contribute to audits, including inspections, by Controller or an auditor mandated by Controller in relation to the Processing of the Company Personal Data by the Contracted Processors.
10.2 Information and audit rights of Controller only arise under section 10.1 to the extent that the Agreement does not otherwise give them information and audit rights meeting the relevant requirements of Data Protection Law.
11. Data transfer
11.1 The Processor may not transfer or authorise the transfer of Data to countries outside the EU and/or the European Economic Area (EEA) without the prior written consent of Controller. If personal data processed under this Agreement is transferred from a country within the European Economic Area to a country outside the European Economic Area, the Parties shall ensure that the personal data are adequately protected. To achieve this, the Parties shall, unless agreed otherwise, rely on EU approved standard contractual clauses for the transfer of personal data.
12. General terms
12.1 Confidentiality. Each Party must keep any information it receives about the other Party and its business in connection with this Agreement ("Confidential Information") confidential and must not use or disclose that Confidential Information without the prior written consent of the other Party except to the extent that: (a) disclosure is required by law; (b) the relevant information is already in the public domain.
12.2 Notices. All notices and communications given under this Agreement must be in writing and will be sent by email. Controller shall be notified by email sent to the address related to its use of the Service under the Principal Agreement. Processor shall be notified by email sent to the address: hi@replain.cc.
13. Governing law and jurisdiction
13.1 This Agreement is governed by Russian law.
13.2 Any dispute arising in connection with this Agreement, which the Parties will not be able to resolve amicably, will be submitted to the exclusive jurisdiction of the courts of Russian Federation.
This Data Processing Agreement ("Agreement") forms part of the Contract for Services under the Re:plain Terms and Conditions (the "Principal Agreement"). This Agreement is an amendment to the Principal Agreement and is effective upon its incorporation to the Principal Agreement, which incorporation may be specified in the Principal Agreement or an executed amendment to the Principal Agreement. Upon its incorporation into the Principal Agreement, this Agreement will form a part of the Principal Agreement. The term of this Agreement shall follow the term of the Principal Agreement. Terms not defined herein shall have the meaning as set forth in the Principal Agreement.
Whereas
(A) Your company act as a Data Controller (the "Controller").
(B) Your company wishes to subcontract certain Services (as defined below), which imply the processing of personal data, to Registrar of Domain Names REG.RU LLC, acting as a Data Processor (the "Processor").
(C) The Parties seek to implement a data processing agreement that complies with the requirements of the current legal framework in relation to data processing and with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
(D) The Parties wish to lay down their rights and obligations.
It is agreed as follows:
1. DEFINITIONS AND INTERPRETATION
1.1 Unless otherwise defined herein, capitalised terms and expressions used in this DPA shall have the following meaning:
1.1.2 "Company Personal Data" means any Personal Data Processed by a Contracted Processor on Controller's behalf pursuant to or in connection with the Principal Agreement;
1.1.3 "Contracted Processor" means a Subprocessor;
1.1.4 "Data Protection Laws" means EU Data Protection Laws and, to the extent applicable, the data protection or privacy laws of any other country;
1.1.5 "EEA" means the European Economic Area;
1.1.6 "EU Data Protection Laws" means EU Directive 95/46/EC, as transposed into domestic legislation of each Member State and as amended, replaced or superseded from time to time, including by the GDPR and laws implementing or supplementing the GDPR;
1.1.7 "GDPR" means EU General Data Protection Regulation 2016/679;
1.1.8 "Data Transfer" means:
1.1.8.1 a transfer of Company Personal Data from Controller to a Contracted Processor; or
1.1.8.2 an onward transfer of Company Personal Data from a Contracted Processor to a Subcontracted Processor, or between two establishments of a Contracted Processor, in each case, where such transfer would be prohibited by Data Protection Laws (or by the terms of data transfer agreements put in place to address the data transfer restrictions of Data Protection Laws);
1.1.9 "Services" means end-to-end encrypted email services.
1.1.10 "Subprocessor" means any person appointed by or on behalf of Processor to process Personal Data on behalf of Controller in connection with the Agreement.
1.2 The terms, "Commission", "Controller", "Data Subject", "Member State", "Personal Data", "Personal Data Breach", "Processing" and "Supervisory Authority" shall have the same meaning as in the GDPR, and their cognate terms shall be construed accordingly.
2. Processing of company personal data
2.1 Processor shall:
2.1.1 comply with all applicable Data Protection Laws in the Processing of Company Personal Data; and
2.1.2 not process Company Personal Data other than on Controller's documented instructions.
2.2 Controller instructs Processor to process Company Personal Data to provide the Services and related technical support.
3. Processor personnel
Processor shall take reasonable steps to ensure the reliability of any employee, agent or contractor of any Contracted Processor who may have access to Company Personal Data, ensuring in each case that access is strictly limited to those individuals who need to know / access the relevant Company Personal Data, as strictly necessary for the purposes of the Principal Agreement, and to comply with Applicable Laws in the context of that individual's duties to the Contracted Processor, ensuring that all such individuals are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.
4. Security
4.1 Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Processor shall in relation to the Company Personal Data implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR.
4.2 In assessing the appropriate level of security, Processor shall take account in particular of the risks that are presented by Processing, in particular from a Personal Data Breach.
5. Subproccessing
5.1 Processor shall not appoint (or disclose any Company Personal Data to) any Subprocessor unless required or authorised by Controller.
6. Data subject rights
6.1 Taking into account the nature of the Processing, Processor shall assist Controller by implementing appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of Controller obligations, as reasonably understood by Controller, to respond to requests to exercise Data Subject rights under the Data Protection Laws.
6.2 Processor shall:
6.2.1 promptly notify Controller if it receives a request from a Data Subject under any Data Protection Law in respect of Company Personal Data; and
6.2.ensure that it does not respond to that request except on the documented instructions of Controller or as required by Applicable Laws to which the Processor is subject, in which case Processor shall to the extent permitted by Applicable Laws inform Controller of that legal requirement before the Contracted Processor responds to the request.
7. Personal data breach
7.1 Processor shall notify Controller without undue delay upon Processor becoming aware of a Personal Data Breach affecting Company Personal Data, providing Controller with sufficient information to allow Controller to meet any obligations to report or inform Data Subjects of the Personal Data Breach under the Data Protection Laws.
7.2 Processor shall co-operate with Controller and take reasonable commercial steps as are directed by Controller to assist in the investigation, mitigation and remediation of each such Personal Data Breach.
8. DATA PROTECTION IMPACT ASSESSMENT AND PRIOR CONSULTATION
8.1 Processor shall provide reasonable assistance to Controller with any data protection impact assessments, and prior consultations with Supervising Authorities or other competent data privacy authorities, which Controller reasonably considers to be required by article 35 or 36 of the GDPR or equivalent provisions of any other Data Protection Law, in each case solely in relation to Processing of Company Personal Data by, and taking into account the nature of the Processing and information available to, the Contracted Processors.
9. Deletion or return of company personal data
9.1 Subject to this section 9 Processor shall promptly and in any event within 10 business days of the date of cessation of any Services involving the Processing of Company Personal Data (the "Cessation Date"), delete and procure the deletion of all copies of those Company Personal Data.
9.2 Processor shall provide written certification to Controller that it has fully complied with this section 9 within 10 business days of the Cessation Date.
10. Audit rights
10.1 Subject to this section 10, Processor shall make available to Controller on request all information necessary to demonstrate compliance with this Agreement, and shall allow for and contribute to audits, including inspections, by Controller or an auditor mandated by Controller in relation to the Processing of the Company Personal Data by the Contracted Processors.
10.2 Information and audit rights of Controller only arise under section 10.1 to the extent that the Agreement does not otherwise give them information and audit rights meeting the relevant requirements of Data Protection Law.
11. Data transfer
11.1 The Processor may not transfer or authorise the transfer of Data to countries outside the EU and/or the European Economic Area (EEA) without the prior written consent of Controller. If personal data processed under this Agreement is transferred from a country within the European Economic Area to a country outside the European Economic Area, the Parties shall ensure that the personal data are adequately protected. To achieve this, the Parties shall, unless agreed otherwise, rely on EU approved standard contractual clauses for the transfer of personal data.
12. General terms
12.1 Confidentiality. Each Party must keep any information it receives about the other Party and its business in connection with this Agreement ("Confidential Information") confidential and must not use or disclose that Confidential Information without the prior written consent of the other Party except to the extent that: (a) disclosure is required by law; (b) the relevant information is already in the public domain.
12.2 Notices. All notices and communications given under this Agreement must be in writing and will be sent by email. Controller shall be notified by email sent to the address related to its use of the Service under the Principal Agreement. Processor shall be notified by email sent to the address: hi@replain.cc.
13. Governing law and jurisdiction
13.1 This Agreement is governed by Russian law.
13.2 Any dispute arising in connection with this Agreement, which the Parties will not be able to resolve amicably, will be submitted to the exclusive jurisdiction of the courts of Russian Federation.
Terms of Service
If you decide to use the Re:plain Store service, you must read and accept conditions of Re:plain Store services provision contained in this Public Offer about using the Re:plain Store service (hereinafter referred to as the "Offer").
Using Re:plain Store service, you thereby confirm your consent with the Offer. In case of disagreement with the content of the Offer in full or in any part of it, the user should not start using the Re:plain Store service (hereinafter — the Service).
This Offer contains conditions for conclusion of Service Agreement (hereinafter the "Agreement"). Execution of the actions specified in this Offer is a confirmation of the consent of the individual or legal entity to conclude the Service Agreement on terms and conditions, in the manner and in the scope set forth in this Offer.
The text of the Offer set forth below is addressed to individuals and legal entities that meet the criteria of the "User", by the official public offer of Registrar of Domain Names REG.RU LLC (hereinafter referred to as the Administrator) to conclude a Service Agreement in accordance with p. 2 cl. 437 of the Civil Code of the Russian Federation.
Service Agreement is considered concluded and becomes effective from the moment an individual commits an action to accept the Offer, stipulated in this Offer, and meaning complete and unconditional acceptance by an individual of all the terms of this Offer without any exemptions or restrictions on the conditions of accession.
The use of the Re:plain Store service by the User is regarded by the Service Administrator as an unconditional acknowledgment (presumption) of that (in aggregate) the User is an individual or legal entity and has adequate legal capacity in accordance with the current legislation of the Russian Federation to make payments under the Agreement, and also that the User has independently read and understood all the terms of this Offer, has no objections to them, agrees to adhere to and comply with them in full, and also undertakes, when using the Service, to comply with all applicable laws of the Russian Federation. The User confirms that the Service Administrator has the right to rely on the presumption specified in this paragraph in full.
Terms and definitions:
Administrator — Registrar of Domain Names REG.RU LLC company, providing Re:plain Store service. User — any person (physical or legal) who registered the User's Personal cabinet, connected to the Chat-bot or who pressed the button "Pay" in the Chat-bot and has access to the Internet.
Service (Re:plain Store) — means the Administrator's Web sites located on the Internet at www.replain.cc; www.replain.cc/store; its application programs (including programs for mobile devices) that provide access to the Database;
Database — is an information and reference system containing information about the Services, intended for potential users of the Services and Users.
Services — a set of actions by the Administrator aimed at ensuring the functioning of the IT infrastructure and implemented by the Administrator in the order and in the amount, according to the conditions and options selected by the User at the time of the application submission.
IT-infrastructure — information system defined by a network address; a website in the "Internet" network owned by the User for whom connection of Services is performed.
Site — the Administrator's website on the Internet, available at www.replain.cc.
Payment system — any of the payment systems in which the Administrator is registered.
User's Personal cabinet – account in the Messenger assigned to the User and established in the manner prescribed by the instructions posted on the Site at https://replain.cc/faq and How to connect operators to Re:plain.
Messenger — program and service for the exchange of information messages over the Internet.
Chat-bot — dialogue account of the User in the Messenger. Available for use in @replainbot account. Serves for the reception of information on Administrator's Applications, as well as for the filing of Applications by the User.
Application — the User's application, submitted via Chat-Bot.
Tariffs — the cost of the Services, placed on the Site at https://replain.cc/store, and also in the Chat-bot interface.
Reporting period — the period of Service provision, calculated as follows: starting from the day of submitting the Service Application (automatic renewal of the Service) in the relevant calendar month before the same date (day) in the next calendar month after the date of the Service Application (automatic extension of the Service). If the date of Service Application submission (automatic renewal of the Service) falls on 29 (twenty-ninth), 30 (thirty) or 31 (thirty-first) of the corresponding calendar month, so the first day of the next calendar month shall be considered the date of the reporting period start.
1. General provisions
1.1. Administrator grants the User access to the Service and undertakes to provide Services according to the User's Applications, and the User undertakes to accept and pay for them.
1.2. Terms of Services and detailed description of the Services the Administrator places on the Site at https://replain.cc/store, as well as in Chat-bot section called "Store".
1.3. The cost of services under the Agreement is determined in accordance with the current prices specified in Tariffs. The cost of the service can be changed by the Administrator. Final cost and payment method of the Service are reflected when making a payment and submitting an Application in the Chat-bot.
1.4. Service offers the User access to the Chat-bot, which performs a number of functions. All existing functions at the moment, any of their development or addition of new ones are regulated by this Agreement.
1.5. Current Agreement is considered to be accepted by the User from the moment of creation of the User's Personal cabinet and / or clicking the "Pay" button in the Chat-bot, depending on what action will be performed earlier.
2. Order of rendering services
2.1. In order to receive the opportunity of Services provision, the User needs to complete the registration procedure in the Service, create User's Personal cabinet according to the instructions posted at https://replain.cc/faq and How to connect operators to Re:plain, and also connect to the ChatBot, following the instructions posted on the Site.
2.2. When registering the Personal cabinet and after connecting to the Chat-bot, the User enters the necessary, reliable data into the appropriate forms and sends them by clicking the corresponding button in the Messenger interface.
2.3. All actions performed in the Personal cabinet, on the Service and using the tools provided by the Messenger are deemed to be committed by the User in person.
2.4. Administrator renders Services on the basis of the User's Applications submitted by selecting the appropriate items in accordance with the Administrator's instructions in the Chat-bot interface.
3. Cost of services and settlements order
3.1. The cost of the Services for the Reporting period is determined on the basis of the Tariffs and the submitted Application.
3.2. Writing off the cost of the Services according to the current Tariffs is performed at the time of submitting the Application in the corresponding Chat-bot form and clicking the "Pay" button, and also after the end of the Reporting period, at the beginning of the new Reporting period.
3.3. The cost of the Services specified in the Tariffs include VAT in the event that the Administrator applies the appropriate taxation system.
3.4. Tariffs can be changed by the Administrator's decision, but the cost of the Services rendered is evaluated according to the Tariffs in force at the time of the provision of the Services.
3.5. The Administrator notifies of Price changes by posting information on the Website and Store.
3.6. Continuation of the Service use and receipt of the Services after making changes to the Tariffs means acceptance and consent of the User with such changes.
3.7. All settlements are made in Russian rubles, by transferring non-cash funds to the Administrator's account.
3.8. Payment obligations are deemed to be performed from the moment of writing off the funds from the account of the User.
3.9. User can unsubscribe from the Services at any time. In the event of termination of Services use, the Administrator reserves the right not to return the money paid by the User.
4. Obligations of the parties
4.1 The administrator is obliged to:
4.1.1 Provide the User with reimbursable services in accordance with the subject of the Agreement.
4.1.2. Consult the User on issues arising in connection with the implementation of this Agreement.
4.2 The administrator has the right to:
4.2.1. Suspend the provision of services without any claims and penalties from the User, in case of suspicion of the User's conduct of actions using the Service, that may violate the legislation of the Russian Federation.
4.2.2. Perform the necessary settings of the Service work and Chat-bot with or without disabling it.
4.3. User is obliged to:
4.3.1. On the day of payment, provide the Administrator with the information necessary for the execution of current Agreement (including payment). The information must be complete and reliable. User is solely responsible for the accuracy of the information provided.
4.3.2. Independently ensure the confidentiality of passwords and communication channels, bear responsibility for all actions provided for and not provided for by this Agreement, made using the User's passwords and / or communication channels. Independently bear the risk of possible unfavorable consequences for oneself related to loss and / or disclosure of passwords, as well as unauthorized use of the communication channels of the User.
4.3.3. Comply with the requirements of Russian Federation legislation in the execution of the Agreement
4.3.4 Compensate to Administrator the damage caused by various payments that may be exacted from the Administrator because of claims made by third parties in connection with the use of the Service, subject to the provision by the Administrator to the User of relevant documents evidencing the damage caused to the Administrator.
4.4. User has no right to:
4.4.1. Use the Service for any illegal or unauthorized purposes, violating the laws of the Russian Federation and its jurisdiction.
4.4.2. Open, decompile, disassemble or otherwise attempt to obtain the source code, object code, or basic structures, ideas, or algorithms of the Service or any software, documentation or data related to the Service or Services or other related products of the Administrator;
4.4.3. Extract, allocate or use any parts of the source code of the Service or Services for creation any derivative materials, and allow the possibility of their creation by a third party;
4.4.4. Declare that it has any rights, including exclusive right for the Service, any patents, trademarks or design relating to the Administrator;
5. Responsibility
5.1. Parties hereunder are exempted from liability for non-fulfillment or improper performance of obligations under this agreement if proper performance was not possible due to force majeure, that is, extraordinary and unavoidable under the given circumstances, such as natural phenomena, fires, military actions, acts of terrorism , counter-terrorist operations, strikes, changes in legislation and other circumstances that do not depend on the will of the parties.
5.2. The Administrator is not responsible for rendering services under the Agreement for indirect / indirect losses and / or loss of profit of the User and / or third parties.
5.3. The User is responsible for ensuring the security of the account in the Messenger and the User's Personal Account, and is fully responsible for all actions performed under the User account. The administrator will not be liable for any loss or damage caused by the User's inability to ensure the security of his account in the Messenger and the Personal cabinet.
5.4. The User is fully responsible for the content of his IT-infrastructure, as well as for the violation or harm that may arise due to the contents of the IT-infrastructure. When visiting by the user of the Internet any IT-infrastructure working with the involvement of the Services, the user of the Internet takes precautions himself to protect himself from any kind of viruses, malicious programs and other information. The Administrator does not bear any responsibility for any damage caused by the user using an online store.
The guarantees specified in this section of the Agreement apply to the Service and to all related products and services of the Administrator.
5.5. The user guarantees that the content of the IT infrastructure:
5.5.1. Does not violate the confidentiality, rights and interests of third parties;
5.5.2. Does not contain any viruses, worms, malicious programs or other malicious programs;
5.5.3. Does not contain slander, obscene or defamatory information.
5.6. The User is solely responsible for his obligations to third parties that arise as a result of his commercial activity.
5.7. If the legislation of the country of the User does not allow limitation of liability or the Administrator's responsibility will be established by the appropriate decision of the competent court, the Administrator will be liable only for actual damage incurred by the User in connection with the use of the Services if the cause of such damage is related to the guilty actions of the Administrator, or if the damage was due to reasons that the Administrator knew or should have known about. Herewith the maximum amount of the Administrator's liability is limited to the amount paid by the User to the Administrator for the use of the Services.
5.8 All functions are provided in the specified form. The Administrator is not responsible for any delays, failures, incorrect or untimely delivery of information when the User uses the Messenger.
5.9 The Administrator does not guarantee that the functions of the User's Personal cabinet or the Service will meet the expectations and requirements of the User. The Administrator does not guarantee that Chat-bot will work continuously and without errors.
5.10. The Service administration is not liable for any damage that may be caused to the equipment and user data as a result of the use of materials obtained using the Messenger, provided that in this case there is no proven fact of the perpetration of the guilty actions by the Administrator.
6. Order of consideration of claims and disputes
6.1. When transmitting messages via Chat-bot and Messenger, the User is solely responsible for the content of this / these messages.
6.2. The Administrator and the User, taking into account the nature of the Services provided, undertake in case of disputes and disagreements related to the provision of services, to apply pre-trial settlement of the dispute. If it is not possible to resolve the dispute in the pre-trial order, the parties are entitled to apply to the Moscow Arbitration Court.
7. Intellectual property
7.1. All content, all information related to the Service and the Site, including but not limited to source code, software, design, graphics, logos, trademarks, is the property of the Administrator.
7.2. The use of the Service or the Site does not grant the User any rights or licenses to reproduce or otherwise use the Administrator's trademarks.
7.3. Any unauthorized use of the intellectual property rights of the Administrator is a violation of the Agreement and the rights of the Administrator, as well as violation of intellectual property, copyright and trademarks legislation.
8. Change of the terms of the agreement
8.1. Current Agreement may be amended unilaterally by the Administrator. The text of the introduced changes is published on the Site. Specified changes in current Terms come into force from the date of posting the notice on the Site, unless otherwise specified in the relevant publication. All changes and additions to this Agreement are mandatory for acceptance and execution by the User when further using of the Service and Services. If the User continues to use the Services, he automatically agrees with all changes made to this Agreement.
9. Other provisions
9.1. This Agreement is compiled taking into account the current legislation of the Russian Federation and international agreements in the field of intellectual property. The law applicable to the interpretation of this Agreement, as well as to all relations arising from the substance of this Agreement is the substantive and procedural law of the Russian Federation.
9.2. If any provision of this Agreement for any reason loses legal force or becomes unenforceable or invalidated by a decision of the competent court, it is considered not to be included in the text of this Agreement, what, however, does not in any way affect legality and obligation of execution of other provisions.
Administrator:
Limited Liability Company Registrar of Domain Names REG.RU (Registrar of Domain Names REG.RU LLC)
Address of location / Mailing address:
123308, Moscow, 3rd Khoroshevskaya str., 2, building 1, floor 1, apartment I, room 12 e-mail: hi@replain.cc
Phone: +7.4955140573
If you decide to use the Re:plain Store service, you must read and accept conditions of Re:plain Store services provision contained in this Public Offer about using the Re:plain Store service (hereinafter referred to as the "Offer").
Using Re:plain Store service, you thereby confirm your consent with the Offer. In case of disagreement with the content of the Offer in full or in any part of it, the user should not start using the Re:plain Store service (hereinafter — the Service).
This Offer contains conditions for conclusion of Service Agreement (hereinafter the "Agreement"). Execution of the actions specified in this Offer is a confirmation of the consent of the individual or legal entity to conclude the Service Agreement on terms and conditions, in the manner and in the scope set forth in this Offer.
The text of the Offer set forth below is addressed to individuals and legal entities that meet the criteria of the "User", by the official public offer of Registrar of Domain Names REG.RU LLC (hereinafter referred to as the Administrator) to conclude a Service Agreement in accordance with p. 2 cl. 437 of the Civil Code of the Russian Federation.
Service Agreement is considered concluded and becomes effective from the moment an individual commits an action to accept the Offer, stipulated in this Offer, and meaning complete and unconditional acceptance by an individual of all the terms of this Offer without any exemptions or restrictions on the conditions of accession.
The use of the Re:plain Store service by the User is regarded by the Service Administrator as an unconditional acknowledgment (presumption) of that (in aggregate) the User is an individual or legal entity and has adequate legal capacity in accordance with the current legislation of the Russian Federation to make payments under the Agreement, and also that the User has independently read and understood all the terms of this Offer, has no objections to them, agrees to adhere to and comply with them in full, and also undertakes, when using the Service, to comply with all applicable laws of the Russian Federation. The User confirms that the Service Administrator has the right to rely on the presumption specified in this paragraph in full.
Terms and definitions:
Administrator — Registrar of Domain Names REG.RU LLC company, providing Re:plain Store service. User — any person (physical or legal) who registered the User's Personal cabinet, connected to the Chat-bot or who pressed the button "Pay" in the Chat-bot and has access to the Internet.
Service (Re:plain Store) — means the Administrator's Web sites located on the Internet at www.replain.cc; www.replain.cc/store; its application programs (including programs for mobile devices) that provide access to the Database;
Database — is an information and reference system containing information about the Services, intended for potential users of the Services and Users.
Services — a set of actions by the Administrator aimed at ensuring the functioning of the IT infrastructure and implemented by the Administrator in the order and in the amount, according to the conditions and options selected by the User at the time of the application submission.
IT-infrastructure — information system defined by a network address; a website in the "Internet" network owned by the User for whom connection of Services is performed.
Site — the Administrator's website on the Internet, available at www.replain.cc.
Payment system — any of the payment systems in which the Administrator is registered.
User's Personal cabinet – account in the Messenger assigned to the User and established in the manner prescribed by the instructions posted on the Site at https://replain.cc/faq and How to connect operators to Re:plain.
Messenger — program and service for the exchange of information messages over the Internet.
Chat-bot — dialogue account of the User in the Messenger. Available for use in @replainbot account. Serves for the reception of information on Administrator's Applications, as well as for the filing of Applications by the User.
Application — the User's application, submitted via Chat-Bot.
Tariffs — the cost of the Services, placed on the Site at https://replain.cc/store, and also in the Chat-bot interface.
Reporting period — the period of Service provision, calculated as follows: starting from the day of submitting the Service Application (automatic renewal of the Service) in the relevant calendar month before the same date (day) in the next calendar month after the date of the Service Application (automatic extension of the Service). If the date of Service Application submission (automatic renewal of the Service) falls on 29 (twenty-ninth), 30 (thirty) or 31 (thirty-first) of the corresponding calendar month, so the first day of the next calendar month shall be considered the date of the reporting period start.
1. General provisions
1.1. Administrator grants the User access to the Service and undertakes to provide Services according to the User's Applications, and the User undertakes to accept and pay for them.
1.2. Terms of Services and detailed description of the Services the Administrator places on the Site at https://replain.cc/store, as well as in Chat-bot section called "Store".
1.3. The cost of services under the Agreement is determined in accordance with the current prices specified in Tariffs. The cost of the service can be changed by the Administrator. Final cost and payment method of the Service are reflected when making a payment and submitting an Application in the Chat-bot.
1.4. Service offers the User access to the Chat-bot, which performs a number of functions. All existing functions at the moment, any of their development or addition of new ones are regulated by this Agreement.
1.5. Current Agreement is considered to be accepted by the User from the moment of creation of the User's Personal cabinet and / or clicking the "Pay" button in the Chat-bot, depending on what action will be performed earlier.
2. Order of rendering services
2.1. In order to receive the opportunity of Services provision, the User needs to complete the registration procedure in the Service, create User's Personal cabinet according to the instructions posted at https://replain.cc/faq and How to connect operators to Re:plain, and also connect to the ChatBot, following the instructions posted on the Site.
2.2. When registering the Personal cabinet and after connecting to the Chat-bot, the User enters the necessary, reliable data into the appropriate forms and sends them by clicking the corresponding button in the Messenger interface.
2.3. All actions performed in the Personal cabinet, on the Service and using the tools provided by the Messenger are deemed to be committed by the User in person.
2.4. Administrator renders Services on the basis of the User's Applications submitted by selecting the appropriate items in accordance with the Administrator's instructions in the Chat-bot interface.
3. Cost of services and settlements order
3.1. The cost of the Services for the Reporting period is determined on the basis of the Tariffs and the submitted Application.
3.2. Writing off the cost of the Services according to the current Tariffs is performed at the time of submitting the Application in the corresponding Chat-bot form and clicking the "Pay" button, and also after the end of the Reporting period, at the beginning of the new Reporting period.
3.3. The cost of the Services specified in the Tariffs include VAT in the event that the Administrator applies the appropriate taxation system.
3.4. Tariffs can be changed by the Administrator's decision, but the cost of the Services rendered is evaluated according to the Tariffs in force at the time of the provision of the Services.
3.5. The Administrator notifies of Price changes by posting information on the Website and Store.
3.6. Continuation of the Service use and receipt of the Services after making changes to the Tariffs means acceptance and consent of the User with such changes.
3.7. All settlements are made in Russian rubles, by transferring non-cash funds to the Administrator's account.
3.8. Payment obligations are deemed to be performed from the moment of writing off the funds from the account of the User.
3.9. User can unsubscribe from the Services at any time. In the event of termination of Services use, the Administrator reserves the right not to return the money paid by the User.
4. Obligations of the parties
4.1 The administrator is obliged to:
4.1.1 Provide the User with reimbursable services in accordance with the subject of the Agreement.
4.1.2. Consult the User on issues arising in connection with the implementation of this Agreement.
4.2 The administrator has the right to:
4.2.1. Suspend the provision of services without any claims and penalties from the User, in case of suspicion of the User's conduct of actions using the Service, that may violate the legislation of the Russian Federation.
4.2.2. Perform the necessary settings of the Service work and Chat-bot with or without disabling it.
4.3. User is obliged to:
4.3.1. On the day of payment, provide the Administrator with the information necessary for the execution of current Agreement (including payment). The information must be complete and reliable. User is solely responsible for the accuracy of the information provided.
4.3.2. Independently ensure the confidentiality of passwords and communication channels, bear responsibility for all actions provided for and not provided for by this Agreement, made using the User's passwords and / or communication channels. Independently bear the risk of possible unfavorable consequences for oneself related to loss and / or disclosure of passwords, as well as unauthorized use of the communication channels of the User.
4.3.3. Comply with the requirements of Russian Federation legislation in the execution of the Agreement
4.3.4 Compensate to Administrator the damage caused by various payments that may be exacted from the Administrator because of claims made by third parties in connection with the use of the Service, subject to the provision by the Administrator to the User of relevant documents evidencing the damage caused to the Administrator.
4.4. User has no right to:
4.4.1. Use the Service for any illegal or unauthorized purposes, violating the laws of the Russian Federation and its jurisdiction.
4.4.2. Open, decompile, disassemble or otherwise attempt to obtain the source code, object code, or basic structures, ideas, or algorithms of the Service or any software, documentation or data related to the Service or Services or other related products of the Administrator;
4.4.3. Extract, allocate or use any parts of the source code of the Service or Services for creation any derivative materials, and allow the possibility of their creation by a third party;
4.4.4. Declare that it has any rights, including exclusive right for the Service, any patents, trademarks or design relating to the Administrator;
5. Responsibility
5.1. Parties hereunder are exempted from liability for non-fulfillment or improper performance of obligations under this agreement if proper performance was not possible due to force majeure, that is, extraordinary and unavoidable under the given circumstances, such as natural phenomena, fires, military actions, acts of terrorism , counter-terrorist operations, strikes, changes in legislation and other circumstances that do not depend on the will of the parties.
5.2. The Administrator is not responsible for rendering services under the Agreement for indirect / indirect losses and / or loss of profit of the User and / or third parties.
5.3. The User is responsible for ensuring the security of the account in the Messenger and the User's Personal Account, and is fully responsible for all actions performed under the User account. The administrator will not be liable for any loss or damage caused by the User's inability to ensure the security of his account in the Messenger and the Personal cabinet.
5.4. The User is fully responsible for the content of his IT-infrastructure, as well as for the violation or harm that may arise due to the contents of the IT-infrastructure. When visiting by the user of the Internet any IT-infrastructure working with the involvement of the Services, the user of the Internet takes precautions himself to protect himself from any kind of viruses, malicious programs and other information. The Administrator does not bear any responsibility for any damage caused by the user using an online store.
The guarantees specified in this section of the Agreement apply to the Service and to all related products and services of the Administrator.
5.5. The user guarantees that the content of the IT infrastructure:
5.5.1. Does not violate the confidentiality, rights and interests of third parties;
5.5.2. Does not contain any viruses, worms, malicious programs or other malicious programs;
5.5.3. Does not contain slander, obscene or defamatory information.
5.6. The User is solely responsible for his obligations to third parties that arise as a result of his commercial activity.
5.7. If the legislation of the country of the User does not allow limitation of liability or the Administrator's responsibility will be established by the appropriate decision of the competent court, the Administrator will be liable only for actual damage incurred by the User in connection with the use of the Services if the cause of such damage is related to the guilty actions of the Administrator, or if the damage was due to reasons that the Administrator knew or should have known about. Herewith the maximum amount of the Administrator's liability is limited to the amount paid by the User to the Administrator for the use of the Services.
5.8 All functions are provided in the specified form. The Administrator is not responsible for any delays, failures, incorrect or untimely delivery of information when the User uses the Messenger.
5.9 The Administrator does not guarantee that the functions of the User's Personal cabinet or the Service will meet the expectations and requirements of the User. The Administrator does not guarantee that Chat-bot will work continuously and without errors.
5.10. The Service administration is not liable for any damage that may be caused to the equipment and user data as a result of the use of materials obtained using the Messenger, provided that in this case there is no proven fact of the perpetration of the guilty actions by the Administrator.
6. Order of consideration of claims and disputes
6.1. When transmitting messages via Chat-bot and Messenger, the User is solely responsible for the content of this / these messages.
6.2. The Administrator and the User, taking into account the nature of the Services provided, undertake in case of disputes and disagreements related to the provision of services, to apply pre-trial settlement of the dispute. If it is not possible to resolve the dispute in the pre-trial order, the parties are entitled to apply to the Moscow Arbitration Court.
7. Intellectual property
7.1. All content, all information related to the Service and the Site, including but not limited to source code, software, design, graphics, logos, trademarks, is the property of the Administrator.
7.2. The use of the Service or the Site does not grant the User any rights or licenses to reproduce or otherwise use the Administrator's trademarks.
7.3. Any unauthorized use of the intellectual property rights of the Administrator is a violation of the Agreement and the rights of the Administrator, as well as violation of intellectual property, copyright and trademarks legislation.
8. Change of the terms of the agreement
8.1. Current Agreement may be amended unilaterally by the Administrator. The text of the introduced changes is published on the Site. Specified changes in current Terms come into force from the date of posting the notice on the Site, unless otherwise specified in the relevant publication. All changes and additions to this Agreement are mandatory for acceptance and execution by the User when further using of the Service and Services. If the User continues to use the Services, he automatically agrees with all changes made to this Agreement.
9. Other provisions
9.1. This Agreement is compiled taking into account the current legislation of the Russian Federation and international agreements in the field of intellectual property. The law applicable to the interpretation of this Agreement, as well as to all relations arising from the substance of this Agreement is the substantive and procedural law of the Russian Federation.
9.2. If any provision of this Agreement for any reason loses legal force or becomes unenforceable or invalidated by a decision of the competent court, it is considered not to be included in the text of this Agreement, what, however, does not in any way affect legality and obligation of execution of other provisions.
Administrator:
Limited Liability Company Registrar of Domain Names REG.RU (Registrar of Domain Names REG.RU LLC)
Address of location / Mailing address:
123308, Moscow, 3rd Khoroshevskaya str., 2, building 1, floor 1, apartment I, room 12 e-mail: hi@replain.cc
Phone: +7.4955140573
Company
Partners
Subscribe
© Re:plain
We use cookies to provide the best experience. By continuing to use our website, you agree to our Cookies, Age Policy and Privacy Policy