A CONTRACT-OFFER FOR THE PROVISION OF INFORMATION SERVICES
St. Petersburg, August 1st, 2009
“Lenmontag”, a Limited liability company, a legal entity duly incorporated under the laws of Russian Federation (hereinafter, the “Lenmontag”), publishes this unlimited offer (hereinafter, the “Offer”) to enter into the Contract for the provision of information services (hereinafter, the “Contract”, the “Consent”), addressed to general public.
1. OFFER SUBJECT
1.1. This proposal represents an Offer as it is set in the Article 435 of the Civil Code of the Russian Federation and it contains all relevant terms for the proposed Contract. The texts of the Contract and the Offer to be counted as identical for any legal purpose.
1.2. This proposal includes the consent of the recipient to the processing of personal data in the understanding established by Article 9 of the Federal Law No. 152-FZ of July 27, 2006 “On Personal Data” (hereinafter, the “Law No. 152-FZ”).
2. CONTRACT SUBJECT
2.1. A person who has accepted the terms of the Offer (hereinafter, the “User”) in the manner specified in paragraph 3.1 of the Offer, agrees with all essential conditions expressed in the Offer and the Contract, and is recognized as a Party for the Contract with Lenmontag.
2.2. In accordance with the Contract, Lenmontag provides information services to the User free of charge, with these services being a consideration of the User's request.
2.3. The User makes request by filling in the electronic form “Any questions left?” allocated by Lenmontag on a website www.zmk-lenmontag.ru.
2.4. Consideration of the request means that a designated representative of Lenmontag makes itself familiar with the text of the request, including acquaintance with the personal data specified by the User, where this familiarization made via the informational network of Lenmontag. The author of the request may or may not receive a notification of acceptance or consideration of the request, as well as receive or not receive a response to it. The decision on replying or refusing to reply is unilaterally made by Lenmontag following its ability to reply with a solid degree of assurance, business capabilities and preparation.
2.5. Lenmontag does not assume, and the User does not impose on Lenmontag any additional obligations related to the execution of the Contract.
2.6. The moment of performance of the Contract is the moment of familiarization of the authorized representative of Lenmontag with the User’s request in the manner established by paragraph 2.4 of the Contract.
3. CONCLUSION OF THE CONTRACT
3.1. The conclusion of the Contract (the acceptance of the Offer) is made by the User by filling in the electronic form “Any questions left?” allocated on a website www.zmk-lenmontag.ru with marking an electronic check-box that confirms the conclusion of the Contract and the User's consent with the processing of personal data of the User, that is voluntarily provided by the User to Lenmontag for the purposes of execution of the Contract and that is not intended for transfer to any third party.
4. PERSONAL DATA
4.1. For the purposes of the Contract, Lenmontag can perform automated collection, storage and processing of the User's personal data, which is voluntarily provided by the User in accordance with the procedure established by Law No. 152-FZ.
4.2. Collection, storage and processing of personal data is carried out by Lenmontag with the consent of the owner of such personal data, expressed by accepting the present Offer in accordance with the manner set in paragraph 3.1.
4.3. The user, as the owner of personal data, hereby confirms that he has been informed of the implementation or the possibility of collecting, storing and processing his personal data by Lenmontag, in a way such informing is established by paragraph 1 of Part 4 of Article 18 of Law No. 152-FZ, and that he is acquainted with the objectives of such collection, storage, processing and gives its express consent for such collection, storage, processing.
4.4. Lenmontag confirms that the personal data of the User:
is used exclusively in connection with the conclusion of a Contract where one of the parties is an owner of such personal data;
collected, stored and used in the territory of the Russian Federation;
does not include commercial, state secrets, is not protected by other secrecy regimes, and does not require special processing procedures;
is not distributed, nor provided to third parties without the consent of the personal data owner and is used by the operator solely for the performance of the Contract with the personal data owner.
4.5. Lenmontag takes measures to protect the personal data of the User within the limits prescribed by Part 1 of Article 19 of Law No. 152-FZ:
provides controlled access to such data;
acquaints personnel authorized to work with such data with the requirements of the legislation of the Russian Federation on personal data protection;
takes organizational and technical measures to ensure the security of such data.
4.6. Lenmontag undertakes to cease the collection and processing of personal data at the time of the performance of the Contract, as it is set in paragraph 2.6 of the Contract.
4.7. Lenmontag does not bear or impose any responsibility, nor does it check the content, reliability, or other significant legal characteristics with respect to the personal data provided by the User at the time of the request.
5.1. The Contract-Offer, among other things, includes the main provisions of the Lenmontag policy regarding the personal data operating on website www.zmk-lenmontag.ru. Pursuant to the requirements of Part 2 of Article 18.1 of Law No. 152-FZ, Lenmontag provides open and public access to this document via Internet at www.zmk-lenmontag.ru, or upon a written request sent to the e-mail address email@example.com.
5.2. Lenmontag reserves the right to unilaterally change the Offer, the Contract without any notification of the Users.
5.3. The Offer and the Contract are presented in one electronic copy without a signature, digital signature, certified digital signature or company seal and are deemed to have valid legal status due to the relevant interpretation of Part 1 of Article 434 of the Civil Code of the Russian Federation. The copies of the offer are not available for use to the parties that accepted the Offer (concluded the Contract).
5.4. The effect of the Contract, Offer is inextricably linked with the activity of the informational website www.zmk-lenmontag.ru. If there is no technical ability on the part of Lenmontag to fulfill the obligations under the Contract in a way specified in the Contract, the parties agree to deem the Contract terminated without making any mutual claims.
5.5. If the website www.zmk-lenmontag.ru is terminated, or by the decision of Lenmontag, this Offer (the Contract) shall be deemed withdrawn, and the mutual obligations of the parties arising from the acceptance of the Offer cease to exist.
5.6. The moment of receipt of the Offer is the moment of filing the electronic form “Any questions left” on a website www.zmk-lenmontag.ru. The time period for the acceptance of the Offer is the time of the User's presence, defined as the duration of the use of the Lenmontag website with the unique identifier of the user's information environment (IP address and location, provider name, other characteristics). The offer can be withdrawn by Lenmontag including during this period.
5.7. In case of different interpretations and / or discrepancies between the Russian and foreign texts of the Offer, the Russian text shall prevail.
5.8. If there are any claims unavoidable through negotiations, the parties agree to resolve their disputes in the Arbitration Court of St. Petersburg and the Leningrad Region.
5.9. All other provisions not set in this Contract are regulated in accordance with the legislation of the Russian Federation.
5.10. The place of conclusion, effective presence and performance of the Contract is the Russian Federation, regardless of the location of the User.