This User Agreement (hereinafter, the "Agreement") is a public offer document in accordance with Article 437 of the Civil Code of the Russian Federation, and contains the rules and conditions for provision and use of Ether cloud-based CRM services on the website: https://ether-crm.com) (hereinafter, the "Website").
This Agreement shall be concluded in a particular way by accepting this offer containing all the essential terms of the Agreement, without signing the
text of this Agreement by the parties, by performing implicit actions, including ordering/paying for the services of the Website Administration through
the use of the Internet services on the website https://ether-crm.com (in accordance with Clause 3, Article 438 of the Civil Code of the Russian Federation,
acceptance of an offer is equivalent to concluding an Agreement on the terms set out in the offer).
This Agreement is an Accession Agreement; it is intended for an indefinite number of persons; it is not limited in time; it is is legally binding in accordance with Article 434 of the Civil Code of the Russian Federation and is equivalent to an agreement signed by the Parties. The person who ordered the service and/or paid for the service is considered the Customer within the norms of the civil legislation of the Russian Federation.
The relationship arising between the Copyright Holder and the User is not subject to the provisions of Law of the Russian Federation dated 07.02.1992 N 2300-1 "On Protection of Consumer Rights", due to the absence of a subject of regulation. Since the CRM system is a business management program that helps to increase profits, reduce costs and speed up the processing of applications in other ways is not a service to meet the personal needs of an individual.
This Agreement defines the comprehensive intention of the Website Administration to provide the right to use the website software, its functionality and individual services, to any person by joining the proposed agreement as a whole only. Acceptance of the conditions expressed in any way (including by registration on the Website), means the unconditional consent of the User with all the provisions and requirements indicated herein. All other possible conditions of use not mentioned in this Agreement will be binding on the parties only if accepted by the Website Administration.
Definition of Terms
"Website" is an Internet resource providing access to the use of the software (hereinafter, the "Software") of Ether cloud-based CRM system, located at the network address: https://ether-crm.com
"Website Administration" is Global.Rus Limited Liability Company, a legal entity encorporated under the laws of the Russian Federation and registered at the address: 57 Matrosa Zheleznyaka Street, Office 6, St. Petersburg, Russia. In accordance with this Agreement, the Website Administration is the Contractor in the sense of paid service contracts.
"User" is an individual, legally capable and at least 18 years of age, or a legal entity registered on the Website in accordance with the procedure established by this Agreement. In accordance with this Agreement, the User is the Customer in the sense of paid service contracts.
"Personal Account" is the User's personal page, protected by Login and Password and containing information about the created Documents, files, personal data, data on paid and active services, the balance of the partner program and access to technical support services.
1. General Provisions
1.1 This Agreement is a legally binding agreement between the User and the Website Administration.
1.2. The subject matter of this Agreement is the provision of services for the use of the Website and its services (hereinafter, the "Services") by the Website Administration to the User. This Agreement contains the terms and conditions for provision and use of the Services.
1.3. The User is obliged to fully familiarize themselves with this Agreement before registering on the Website.
1.4. This Agreement may be amended and/or supplemented by the Website Administration unilaterally without any special notice. The Website Administration recommends that Users regularly and independently check the provisions of this Agreement for amendments and/or supplements. Continued use of the Website by the User after making amendments and/or supplements to this Agreement shall mean acceptance and consent of the User with such amendments and/or supplements. The User is entitled to refuse to accept the above amendments and/or supplements made by the Website Administration, which means that the User refuses to use the Services.
1.5. This Agreement is an open and public document. The effective version of the Agreement is posted on the Internet at: https://ether-crm.com/en/terms
2. Registration on the Website
2.1. Registration of the User on the Website is completely free, voluntary and shall be performed at the network address: https://ether-crm.com/profile
2.2. To register on the Website, the User shall provide the Website Administration with the e-mail address required to enter the Website and further communicate between the parties hereto.
2.3. The User shall be granted access to the Personal Account after confirming the e-mail address through a message sent by the Website Administration to the User's e-mail specified during registration. The message shall contain a link to access to the Personal Account and an automatically generated password, which the User can change later on in the Personal Account.
2.4. The User shall be fully responsible for the safety of data used to log in to the Personal Account (login and password), as well as the consequences of transferring these data to third parties. Any actions performed using the User's login and password shall be considered to have been committed by the relevant User. In case of unauthorized access to the User's Personal Account, they shall immediately inform the Website Administration about this through the technical support service at the e-mail address: firstname.lastname@example.org.
2.5. By registering, the User automatically confirms their consent to the rights and obligations specified in this Agreement related to the use and operation of the Website, and also confirms their consent to the processing by the Administration of their personal data provided during registration, as well as posted by the User voluntarily in their Personal Account.
3. User's Obligations
3.1. When using the Services of the Website, the User is obliged to:
3.1.1. Comply with the provisions of the effective legislation of the Russian Federation, this Agreement and other special documents of the Website Administration;
3.1.2. Inform the Website Administration about unauthorized access to the Personal Account and/or unauthorized access and/or use of the User's password and login;
3.1.3. Check the legality of posting any information and objects (including, but not limited to, third-party images, third-party texts of various contents, audio recordings and videos) before posting them;
3.1.4. Make payments for the services provided by the Website Administration in accordance with the terms of this Agreement and Annexes hereto.
3.1.5. When registering on the Website and working further (or changing the e-mail address), only use a valid e-mail address, to which the User always has access, in order to timely receive from the Administration any information regarding the use of the Website and fulfillment of the terms of this Agreement.
3.2. When using the Website, the User is not allowed to:
3.2.1. Upload, keep, publish, distribute and provide access or otherwise use any information that:
- Contains threats, discredits, offends, denigrates honor and dignity or business reputation, or violates the privacy of third parties;
- Contains scenes of violence or inhuman treatment of animals;
- Is vulgar or obscene, contains obscene language, contains pornographic images and texts or scenes of sexual nature;
- Violates the rights of minors;
- Promotes and/or incites racial, religious, ethnic hatred or enmity, promotes fascism or the ideology of racial superiority;
- Promotes criminal activity or contains advice, instructions or guidelines for the commission of criminal acts;
- Contains extremist materials;
- Contains information of limited access, including, but not limited to, state and commercial secrets, information about the private life of third parties;
- Contains advertisements or describes the attractiveness of drug use, including "digital drugs" (sound files that affect the human brain through binaural beats), information about the distribution of drugs, recipes for their manufacture and advice on use;
- Is fraudelent and also violates other rights and interests of citizens and legal entities or the requirements of the legislation of the Russian Federation.
3.2.2. Illegally upload, keep, publish, distribute and provide access or otherwise use the intellectual property of third parties;
3.2.3. Carry out mass mailing of messages without the consent of the addressees;
3.2.4. Use the software and take actions aimed at disrupting the normal functioning of the Website, its services or pages of the Users' Personal Accounts;
3.2.5. Upload, store, publish, distribute and provide access or otherwise use viruses and any other malicious software;
3.2.6. In any way, including, but not limited to, by deception, abuse of trust, hacking, try to gain access to the login and password of another User;
3.2.7. Carry out illegal collection and processing of personal data of other persons;
3.2.8. Access (or try to get access to) any Services in any other way, except through the interface provided by the Website Administration, except for cases when such actions are directly permitted to the User in accordance with a separate agreement with the Administration;
3.2.9. Post any other information that, in the personal opinion of the Administration, is undesirable, does not meet the goals of creating the Website, infringes on the interests of other Users or third parties, or for other reasons is undesirable for posting on the Website.
4. User's Liability
4.1. The User shall be personally liable for all their actions on the Website, as well as for any information they upload or publish on the Website
or in connection therewith, in accordance with the legislation of the Russian Federation.
4.2. The User shall be liable for the damage caused to the Website Administration as a result of illegal actions (inaction), in the amount of the actual damage caused. The User agrees that the rulings of the courts related to the User's use of the Website shall be also attributed to damages.
5. Obligations of the Website Administration
5.1. The Website Administration is obliged to:
5.1.1. Provide the User with the technical ability to use the Website;
5.1.2. Ensure the functioning and performance of the Website;
5.1.3. Provide technical support and assistance to the User in solving any problems that interfere with the normal functioning of the Website;
5.2. The Website Administration is entitled to:
5.2.1. At any time, make the necessary amendments to the Website, with or without prior notice to the User;
5.2.2. Make amendments to the User Agreement without prior notice to the User. The User is obliged to independently check for amendments in the text of the User Agreement. Should the User disagree with this Agreement or its updates, the User is obliged to stop using the Website and inform the Website Administration accordingly by sending an appropriate message to the e-mail address: email@example.com, or by independently deleting the Personal Account.
5.2.3. Should the User violate any of the terms of the User Agreement, the Website Administration has the right, at its discretion, to block or delete the User's Personal Account and refuse to provide services to the User. Deletion of the User's Personal Account means the automatic deletion of all information posted on it, as well as all User information entered during the registration on the Website. After deleting the Personal Account, the User loses access rights to the Website;
5.2.4. Check the Website for the presence of prohibited content and delete or move (without warning) any content or Users at their own discretion without explaining the reasons to the User.
5.2.5. Keep archived copies of User Content indefinitely;
5.2.6. Manage statistical information related to the operation of the Website, as well as information of Users to ensure targeted display of advertising information to various audiences of Users of the Website;
5.2.7. For the purposes of organizing the functioning and technical support of the Website and the execution of this Agreement, the Website Administration has the technical ability to access the User's Personal Account, which it shall only implement in the cases established by this Agreement;
5.2.8. The Website Administration has the right to send the User information about development of the Website and its services, as well as advertise its own activities and services;
6. Liability of the Website Administration
6.1. The Website Administration shall not control and shall not be responsible for the actions of Users and third parties on the Website.
6.2. The Website Administration shall not engage in preliminary moderation or censorship of the Documents created by the User, and shall take actions to protect the rights and interests of individuals and ensure compliance with the requirements of the legislation of the Russian Federation only after the interested party has contacted the Website Administration in the prescribed manner.
6.3. The Website Administration shall not be responsible for the User's violation of this Agreement and reserves the right, at its sole discretion, as well as upon the receipt of information from other users or third parties, including Roskomnadzor and judicial authorities, on violation of the Russian legislation or this Agreement, to amend ( moderate) or delete any information published by the User that violates the prohibitions established by law, court or this Agreement (including personal messages), suspend, restrict or terminate the User's access to all or any of the sections or services of the Website at any time for any reason or without explanation of the reasons, with or without prior notice, without being responsible for any harm that may be caused to Users by such action.
6.4. The Website Administration reserves the right to delete the User's Personal Account and (or) suspend, restrict or terminate the User's access to any of the Website's services, if the Administration discovers that, in its opinion, the User poses a threat to the Website and (or) its Users.
6.5. The Website Administration shall not be liable for the temporary blocking or deletion of information carried out in accordance with this Agreement, or the deletion of the Personal Account (termination of registration) of the User, and, among other things, shall not reimburse the User for the costs incurred by them for publishing and downloading Documents, as well as the funds remaining on the User's balance.
6.6. The User shall be aware of all the most important functional properties of the software of the Website, the right to use which is granted to them by the Website Administration and independently bear the risk of non-compliance of these parameters with their wishes and needs.
6.7. The Website Administration shall not be liable for any losses incurred as a result of improper use or the impossibility of using the services of the Website on the User's side or violation of the order of its use.
6.8. The Website Administration shall not be liable to the User for delays and interruptions in work that occur directly or indirectly for a reason outside the scope of reasonable control by the Website Administration (Internet failures, software malfunctions, breakdown of the User's equipment, critical power failures and so on); neither shall the Website Administration be responsible for the quality of services necessary for the operation of the software, if they are organized by third parties (including the copyright holder or the seller of the software), not involved by the Website Administration.
6.9. Any losses for which any of the Parties to this Agreement have the right to demand from the other Party shall be reimbursed to the extent not covered by the forfeit.
6.10. The Contractor shall not be liable to the Customer for any kind of damage incurred by the latter due to the loss and/or disclosure of their data necessary for the access to the software.
6.11. The Website Administration shall not be liable for any damage to the PC of the User or another party, mobile devices, any other equipment or software caused by or associated with downloading materials from the Website or via links posted on the Website.
6.12. Under no circumstances shall the Website Administration or its representatives be liable to the User or to any third parties for any indirect, accidental, unintentional damage, including lost profits or lost data, damage to honor, dignity or business reputation caused in connection with the use of the Website, the content of the Website or other materials to which the User or other persons gained access through the Website, even if the Website Administration has warned about or indicated the possibility of such damage.
6.13. The liability of the Website Administration for non-fulfillment of obligations under this Agreementshall not exceed the cost of providing the relevant Services for the corresponding reporting period.
7.1. The cost, procedure and terms for the provision of services are described in the relevant sections of the Website, as well as in Annex 1.
7.2. Any services of the Website shall be paid by transferring funds by the User for a specific service at the time of its activation. All services shall be prepaid; payment for services upon their performance (post-payment) shall not be authorized.
7.3. The User shall have the opportunity to pay for the services using:
- Visa, Mastercard, Mir bank cards;
- Electronic money, such as Yandex.Money, Qiwi, Webmoney - from a current account (for legal entities and individual entrepreneurs);
- from their own partner balance.
7.4. All data on the payment for the services and the User's partner balance shall be only shown in the Personal Account, and be only available to the User, their affiliated parties, as well as the Website Administration.
7.5. For security reasons, the Website shall not store any payment information of Users, including the bank card data.
7.6. All settlements under this Agreement shall be made in USD (American dollars). 7.7. The User agrees that the financial documents provided to the User in the electronic form are legally binding in the absence of the originals. The originals of financial documents shall be only provided to Users being legal entities in the office of the Website Administration, or be sent by e-mail to the address specified by the User, for a fee.
7.8. In order to return the money mistakenly paid for the service(s), the User shall contact the Website Administration with a completed written application (no particular form required), and scanned copies of the passport and checks/receipts confirming the erroneous enrollment by sending them to the address: firstname.lastname@example.org
7.9. After receiving a written application with a copy of the passport and checks/receipts, the Website Administration, in case of an erroneous payment, shall return the funds within 10 (Ten) business days. The refund shall be made in the same way as the payment.
8. Intellectual Property
8.1. The cloud-based Ether CRM trademark is registered in accordance with the legislation of the Russian Federation. The copyright holder of the
cloud-based Ether CRM trademark, as well as the domain name ether-crm.com, texts, slogans, images, audiovisual works and other content posted on the Website,
is Global.Rus Limited Liability Company. Any usage of the cloud-based Ether CRM trademark, as well as the above results of intellectual activity on the
Internet shall be only allowed with the consent of Global.Rus LLC. Any image of the trademark shall contain a hyperlink to the website https://ether-crm.com.
8.2. Use of the trademark image of the cloud-based Ether CRM, the name cloud-based Ether CRM, including in transliteration in Russian, as well as the above results of intellectual activity, by any means, including posting them on the Internet, in print and other media without agreement, shall be considered violation of the rights to the trademark and the results of intellectual activity of Global.Rus LLC.
8.3. Nothing in this Agreement shall give the User the right to use the brand name, trademarks, domain names and other distinctive signs of the Website Administration. The right to use the brand name, trademarks, domain names and other distinctive signs of the Website Administration can be only granted by written agreement with the Website Administration.
8.4. Any losses caused to the Website Administration as a result of violation of its copyright shall be fully reimbursed by the guilty party.
9.1. This Agreement shall be governed by and construed in accordance with the legislation of the Russian Federation. Issues not regulated by
the Agreement shall be subject to resolution in accordance with the legislation of the Russian Federation.
9.2. In case of any disputes or disagreements related to the implementation of this Agreement, the User and the Website Administration shall make every effort to resolve them through negotiations between the Parties. Should the disputes not be resolved through negotiations, such disputes shall be subject to resolution in the manner prescribed by the effective legislation of the Russian Federation, at the location of the Website Administration. The claim procedure shall be mandatory, the term for responding to the claim request shall be 15 days from the date of its receipt.
9.3. This Agreement shall come into force and effect for the User from the moment of their registration on the Website and be valid for an indefinite period of time.
9.4. This Agreement may be terminated at the initiative of the User at any time by independently deleting the Personal Account from the Website, either by the Website Administration at the request of the User, or if the Website services are not used for 180 consecutive calendar days. In this case, the Agreement shall be considered terminated at the initiative of the User. User data and content shall be deleted by the Website Administration without the possibility of recovery. The User shall be warned of such deletion by a corresponding message to the e-mail address specified during registration.
9.5. All Applications shall be an integral part of this Agreement. The relations of the Parties can be additionally regulated by separate documents and agreements. The application of such additional documents and agreements shall not override this Agreement.
9.6. The Parties take into account that electronic documents arising during the performance of this Agreement, sent to each other by e-mail, the corresponding addresses being indicated during the registration of the Personal Account, or posted on the Website or through its services, the content of which meets the requirements of regulatory legal acts, shall be accepted by the Parties for accounting as proper documents of title, and can be used as evidence in court proceedings, provided to state bodies at the request of the latter. Each of the Parties shall be responsible for ensuring the confidentiality of electronic document management, preventing the use of information without the consent of the Parties. The exchange of electronic versions of documents between the Parties shall not cancel the use of other methods of issue and exchange of documents between the Parties within the framework of obligations not regulated by these conditions.
9.7. The risk of not receiving a legally significant message shall be borne by the Party that has indicated false contact details. Any document related to this agreement shall be deemed received even if the Party has failed to receive it due to circumstances depending on it, but given that the document was sent in the manner specified above.
9.8. The Website Services may contain links to other sites on the Internet (third-party sites). These third parties and their content shall notbe checked by the Website Administration for compliance with certain requirements (reliability, completeness, legality, etc.). The Website Administration shall not be responsible for any information, materials posted on third-party sites to which the User gains access using the services, including for any opinions or statements expressed on third-party sites, advertising, etc., and also for the availability of such sites or content and the consequences of their use by the User.
9.10. A link (in any form) to any site, product, service, any information of a commercial or non-commercial nature posted on the Website shall not be an endorsement or recommendation of these products (services, activities) by the Website Administration.
10. Contact Details
Individuals and legal entities are welcome to send any appeals, suggestions and claims to the Website Administration in connection with this Agreement and any issues related to the functioning of the Website, violations of the rights and interests of third parties when using it, as well as inquiries of parties authorized by the legislation of the Russian Federation, to this e-mail address: email@example.com
Annex 1. Tariffs and Payment Procedure
- Tariff "Personal", 1 user, 1 Gb disk space, $1,7 per month;
- Tariff "Startup", up to 10 users, 5 Gb disk space, $7 per month;
- Tariff "Small business", up to 30 users, 15 Gb disk space, $20 per month;
- Tariff "Small business + ", up to 50 users, 25 Gb disk space, $30 per month;
- Tariff "Medium business", up to 100 users, 50 Gb disk space, $60 per month;
- Tariff "Medium business + ", up to 200 users, 100 Gb disk space, $120 per month;
- Tariff "Big business", up to 500 users, 200 Gb disk space, $200 per month;
- Tariff "Big business + ", up to 1000 users, 500 Gb disk space, $550 per month;
- 10% Discount if paid for one year;
- 15% Discount if paid for 2 years;