Terms of Rendering Services under Certificates / Documents / Habr

Terms of Rendering Services under Certificates

Habr LLC
Moscow
Effective from June 08, 2023

Previous revisions:
February 20, 2023

These Terms of Rendering Services under Certificates (hereinafter referred to as the “Terms”) governs procedure and conditions for the performance of work (rendering of services), which are part of the Certificates provided within the scope of the Services rendered by the Contractor.

1. Terms and Definitions

1.1. In these Terms, unless the text expressly requires otherwise, the following words and expressions shall have the following meanings:

1.1.1. Agreement means a paid Certificates provision services agreement containing a link to these Terms and concluded by and between the Contractor and the Customer: i) on the basis of the Rules for Certificates Provision Services, published and/or available on the Internet at: https://habr.com/ru/docs/docs/certificate-rules/ by the Customer’s payment of the Proforma Invoice, or ii) by signing documents constituting the agreement (the main text of the agreement, annexes (specifications), other supplements) by both Parties with handwritten or electronic signatures.

1.1.2. Order means Proforma Invoice, specification or other document in which the Parties agreed upon the provision of a certain Certificate under the Agreement.

1.1.3. Application means the Customer's application for the performance of work (rendering of services) included in the Certificate.

1.2. These Rules may include terms and definitions not defined in Clause 1.1. In this case such term shall be construed in accordance with the text of the Rules. Where these Rules provide no unambiguous interpretation or definition of a term, such term shall be interpreted as defined, primarily, by the documents constituting the Agreement between the Parties, secondly, by the Russian Federation laws, and subsequently, by the good business practices and scientific doctrine.

2. Activation and Validity Term of Certificates

2.1. The Customer shall activate a Certificate, provided by issuing an access code, by entering the access code received from the Contractor in a special field in the Personal Account.

2.2. Until the functionality of the Website and the Personal Account required to apply the access code is developed, the Certificate shall be activated by the Customer sending the first Application for the Certificate to the Contractor.

2.3. Certificate validity term shall be as follows:

2.3.1. Before activation: Six (6) months from the Certificate issue date.

2.3.2. After activation: Six (6) months after the activation.

2.4. The Certificate shall expire upon occurrence of any of the following events:

2.4.1. Applications for all work (services) included in the Certificate are recognized as fulfilled in accordance with these Terms (the Certificate is fully used by the Customer);

2.4.2. the Certificate validity term expires;

2.4.3. the Agreement is terminated.

2.5. The Certificate validity term shall not depend on the period of the Customer's access to the blog hosted on habr.com, and shall not be cancelled or extended for the period when the Customer did not have such access.

3. General Procedure and Conditions for the Performance of Work (Rendering of Services)

3.1. The work and services included in the Certificate shall be performed (rendered) on the basis of an Application filed by the Customer to the Contractor in full compliance herewith.

3.2. Applications must be filed:

3.2.1. after the Certificate activation, except for cases of the Certificate activation by filing the first Application thereon provided for herein;

3.2.2. within the validity term of the activated Certificate;

3.2.3. by e-mail or via the Telegram messenger to the addresses specified in the Order;

3.3. The Customer must appoint one authorized representative to interact with the Contractor on any issues related to the Certificate, including, but not limited to, the following: to receive and provide information, make decisions, receive and approve intermediate and final work deliverables, perform any other actions on behalf of the Customer. The Customer shall notify the Contractor on such authorized representative and provide his/her contacts. Until the Customer notifies the Contractor on the appointment of such a person and provides his/her contacts, any Customer representative interacting with the Contractor shall be considered to be duly authorized by the Customer for any interaction with the Contractor under the Agreement.

3.4. The Customer shall timely take any actions necessary to perform work (render services) under the Application, including, but not limited to, the provision of the requested materials and information to the Contractor, provision of approvals, etc. The Contractor's requests shall be replied within Two (2) business days, unless any other period is agreed upon by the Parties additionally. If the Customer fails to reply to the Contractor's request or actually fulfill it within the established period, the Contractor shall have the right to postpone the resumption of the work (services) under the Application to the nearest time available. If the Customer violates the deadline for reply to the Contractor's request for more than Ten (10) business days, the Contractor shall have the right to declare the Application fulfilled in the part that cannot be fulfilled without the Contractor’s reply to such a request.

3.5. The Customer shall confirm that the Contractor performed work (rendered services) properly or notify the Contractor about detected shortcomings within Five (5) business days from the moment the Contractor finishes the work (services) upon the Application. If the Customer fails to notify the Contractor on the shortcomings of the work performed (services rendered) under the Application within the established period, the work (services) shall be deemed performed (rendered) properly and such Application shall be recognized as fulfilled.

3.6. Information about the work (services) completed and remaining to be performed (rendered) under the Certificate shall be provided to the Customer at its request or at the Contractor’s initiative. In addition, if the Personal Account has relevant functionality, current information on the work (services) completed and remaining to be performed (rendered) under the Certificate shall be displayed in the Personal Account.

3.7. The Contractor shall have the right to engage third parties to perform work (render services) without securing the Customer’s approval, provided that the Contractor shall be liable for the quality and timing of such work (services) as if they were performed (rendered) by itself.

4. Participation in Events

4.1. In this section services shall mean the services included in the Certificate for the participation of the Customer's representatives in webinars, courses, workshops and similar events (hereinafter referred to as the “Events”), as well as access to the materials of already held Events.

4.2. Events that are available for the participation within the scope of services under the Certificate shall be specified in the Certificate description.

4.3. If the Certificate description does not specify a specific date of the Event, an opportunity to participate in an Events to be held during the validity term of the activated Certificate shall be provided within the scope of the services.

4.4. Events shall be held in accordance with a schedule drawn up for the next month for a group of participants who may be representatives of different Customers. The total maximum number of participants for the ongoing Event shall be determined by the Contractor.

4.5. To take part in an Event, the Customer shall file an Application, on the basis of which and subject to availability of the needed number of vacant seats at the Event, the Contractor shall book the seats for the Customer's representatives.

4.6. Should the number of vacant seats be insufficient, on a prior agreement with the Customer the Application can be fulfilled partially.

4.7. The participation in the Events shall be limited to the number of seats specified in the Certificate, which can be used by the Customer at its own discretion (for example, for the participation of several representatives at one Event or one representative at several Events).

4.8. The Customer shall have the right to refuse to participate in the Event (cancel the booking) not later than Two (2) business days before the start thereof, by sending a corresponding notice the same way as the Application was sent. Cancellation in a shorter period shall not be provided for and Clause 4.14 hereof shall apply.

4.9. If the Contractor fails to book seats or the Customer cancels booking of the seats in a timely manner, such seats shall not be considered used and can be booked under a different Application.

4.10. The Customer shall ensure the technical and organizational readiness of its representatives to the Event (Internet access, hardware and software, etc.) on its own.

4.11. Unless otherwise expressly specified in the Certificate description or allowed by the host of the Event, the participants shall not have right to record Events in any form (including in text form, except for the personal notes) without the Contractor’s written consent.

4.12. The content of the Events in any form, including any materials provided to the Event participants, as well as any other materials in any form provided to the Customer within the scope of the services, are protected intellectual property and shall be provided only for the purposes and within the scope of the proper rendering of the services; their transfer to any third parties (including in a modified form), duplication, any full or partial publications or reproductions in print, electronic or any other form without the Contractor’s prior express written consent shall be strictly prohibited.

4.13. Due to the fact that the Events and content thereof are the result of the creative activity of their authors (hosts), the Contractor, to the maximum extent permitted by the applicable laws, refuses any guarantees in relation to the Events that are not provided for by the Agreement, and does not guarantee the Events’ compliance with any of the Customer’s expectations and/or requirements that are not provided for by the Agreement, their commercial value, compliance with the applicable laws, the absence of errors therein.

4.14. The services under the Application with regard to the seats booked thereon for the Customer’s representatives shall be deemed properly rendered upon the end of the Event. The Customer shall not be entitled to refer to the fact that the Customer’s representative did not actually participate in the Event, if this happened through no fault of the Contractor.

4.15. Services shall be rendered by granting to the Customer access to the materials of Events already held, only if this is expressly provided for in the Certificate description or has been agreed upon with the Customer. In this case the Services shall be deemed properly rendered after granting such access to the Customer.

5. Provision of Creative and Analytical Materials

5.1. In this section services shall mean the services included in the Certificate for the preparation and provision of the following materials in electronic form (hereinafter referred to as the “Materials”) to the Customer:

5.1.1. Ideas for the blog;

5.1.2. Article reviews;

5.1.3. Analytical report on hub;

5.1.4. Content express analysis;

5.2. The Materials shall be provided within Ten (10) business days from the Application acceptance date, unless a different services rendering term is agreed upon in the Order.

5.3. For the purposes of rendering services for provision of the Materials specified in Clauses 5.1.1., 5.1.3., 5.1.4. hereof, the Customer shall provide a link to the blog hosted on habr.com.

5.4. For the purposes of rendering services for drawing up and provision of article reviews (Clause 5.1.2. hereof), the Customer shall provide the Contractor with the relevant articles by providing links to the articles published on the Internet (including in blog drafts on habr.com) or by transferring articles in electronic form (files) to the Contractor.

5.5. The materials are protected intellectual property of the Contractor and shall be provided only for the purposes and within the scope of the proper rendering of the services for the Customer’s personal non-commercial use in accordance with their intended purpose. The use of the Materials in other ways, including, but not limited to, processing, transfer to any third parties (including in a processed form), duplication, full or partial publication, without the Contractor’s prior express written consent shall be strictly prohibited.

5.6. Due to the fact that the Materials are the result of the creative activity of their authors, the Contractor, to the maximum extent permitted by the applicable laws, refuses any guarantees in relation to the Materials that are not provided for by the Agreement, and does not guarantee the Materials’ compliance with any of the Customer’s expectations and/or requirements that are not provided for by the Agreement, positive effect from the use thereof, their commercial value, compliance with the applicable laws, the absence of errors therein.

5.7. Repeated analysis of the article modified by the Customer in accordance with the Contractor’s review (assessment of the result of the implementation of the Contractor’s recommendations) shall not be included in the services for drawing up and provision of One (1) review, and shall be carried out and accounted for as a separate review provided that a corresponding Application has been filed.

5.8. An Application accepted by the Contractor for work cannot be amended (to change the reviewed article or the analyzed blog). If the Customer refuses to provide Materials on the Application, such Application shall be deemed fulfilled in the part refused by the Customer.

5.9. Services under the Application shall be deemed rendered upon sending materials provided for by the Certificate and the Application to the Customer's e-mail address.

6. Additional Functionality of the Internet Resource

6.1. In this section services shall mean the services included in the Certificate for the provision of the following additional functionality of the Contractor's Internet resources for the Customer's articles published in blog on habr.com:

6.1.1. placement of an additional link on the Website in the “recommended” (“most reading”) section for Seven (7) days;

6.1.2. placement of an additional link on the Website in the “Please pay attention” section for Seven (7) days;

6.1.3. placement of an additional link as an announcement in the official accounts of the habr.com community in the Vkontakte, Telegram, Zen social media.

6.2. The services shall be rendered within Ten (10) business days from the Application acceptance date, unless a different services rendering term is agreed upon in the Order.

6.3. For the purposes of services rendering, the Customer shall provide a link to a certain article in a blog hosted on habr.com.

6.4. An Application accepted by the Contractor for work cannot be amended (to change the article). If the Customer refuses to use the additional functionality, the Application shall be deemed fulfilled in the part refused by the Customer.

6.5. The services shall be rendered with regard to articles only (not for news).

6.6. The services shall not provide for the preparation, placement, reviewing or any other the Contractor’s actions with the article.

6.7. Simultaneous use of the functionality specified in Clause 6.1. for one article shall not be allowed.

6.8. The Customer shall guarantee and be fully liable for the compliance of the information and the materials it provides to the Contractor for the services rendering with the applicable laws, as well as for the content thereof, the legitimacy of usage of the intellectual property items and images of citizens therein on the Contractor’s initiative, and the observance of rights of third parties, the availability of necessary permits and licenses.

6.9. The text and other content of an announcement shall be determined by the Contractor. When preparing an announcement, the Contractor shall have the right to completely or partially change (revise) the information and the materials provided by the Customer, provided that the announcement in general complies with the article. The exclusive right to the announcement shall belong to the Contractor.

6.10. When prepared, the Contractor e-mails the announcement to the Customer for approval.

6.11. The Customer shall provide the Contractor with all existing comments on the announcement within Five (5) business days. For the avoidance of doubt, the Parties agreed that One (1) iteration of comments shall be allowed within the scope of the services.

6.12. The Contractor shall have the right to reasonably reject any comments of the Customer to the announcement. After considering the Customer's comments, the Contractor sends the announcement to the Customer once again for the confirmation of the service rendering and approval of the date thereof.

6.13. The service specified in Clause 6.1.3. of these Terms shall be rendered after its confirmation by the Customer, on the day additionally approved by the Parties. If the Customer refuses to confirm the service rendering, the Application shall be deemed fulfilled in the part refused by the Customer. If the Customer fails to respond to the Contractor's request to confirm the service rendering and approval of the date thereof for more than Ten (10) business days, the Contractor shall have the right to declare the Application fulfilled.

7. Publication of Event Information in the Calendar Section

7.1. In this section services shall mean the services included in the Certificate for the Contractor’s publication of information on an event specified by the Customer in the Calendar section available on the Internet at: https://habr.com/ru/events/ (hereinafter referred to as the “Calendar”), in the form of an electronic event card in the Calendar.

7.2. Pursuant to Clause 3 Part 2 Article 2 of the Federal Law No. 38-FZ "On Advertising” dated March 13, 2006, the published information is not an advertisement since the Calendar is a reference and information resource containing event cards filled in under a single standard without highlighting any event or organizer in particular. The information published in the Calendar shall not be marked, tokenized and transferred to the Unified Register of Internet Advertising (ERIR).

7.3. The services shall be rendered within Ten (10) business days from the Application acceptance date, unless a different services rendering term is agreed upon in the Order.

7.4. For the purposes of the services rendering, the Customer shall provide information and materials about the event, and a hyperlink address.

7.5. An Application accepted by the Contractor for work cannot be amended to change the event. If the Customer refuses to publish the event information in the Calendar, the Application shall be deemed fulfilled in the part refused by the Customer.

7.6. The Customer shall guarantee and be fully liable for the compliance of the information and the materials it provides to the Contractor for the services rendering with the applicable laws, as well as for the content thereof, the legitimacy of usage of the intellectual property items and images of citizens therein on the Contractor’s initiative, and the observance of rights of third parties, the availability of necessary permits and licenses.

7.7. The text and other content of an event card in the Calendar shall be determined by the Contractor. When preparing an event card, the Contractor shall have the right to completely or partially change (revise) the information and the materials provided by the Customer, provided that the announcement in general complies with the event card. The exclusive right to the event card in the Calendar shall belong to the Contractor.

7.8. When prepared, the Contractor e-mails the event card to the Customer for approval.

7.9. The Customer shall provide the Contractor with all existing comments on the event card within Five (5) business days. For the avoidance of doubt, the Parties agreed that One (1) iteration of comments shall be allowed within the scope of the services.

7.10. The Contractor shall have the right to reasonably reject any comments of the Customer to the event card. After considering the Customer's comments, the Contractor sends the event card to the Customer once again for the confirmation of its publicationin the Calendar.

7.11. The event card prepared by the Contractor shall be published in the Calendar no later than Two (2) business days after the receipt of the Customer's confirmation. If the Customer rejects the event card publication, the Application shall be deemed fulfilled in the part refused by the Customer. If the Customer fails to respond to the Contractor's request to confirm the publication for more than Ten (10) business days, the Contractor shall have the right to declare the Application fulfilled.

8. Final Provisions

8.1 These Terms shall become effective upon their publishing at the specified Internet address and shall remain in force until the Contractor cancels them.

8.2 The Contractor reserves the right to amend and/or cancel the Terms at any time at its discretion. The Customer shall be informed of the amendment or cancellation of the Terms by publishing a new revision of these Terms or by a relevant notice sent to the e-mail address specified by the Customer at the signing or during the performance of the Agreement.

8.3 Should the Terms be canceled or amended, such amendments or cancellation shall become effective upon notification of the Customer thereof, unless any other effective date is specified in the Terms or the notice provided.

8.4 The current version of this Terms is published and/or available on the Website at: https://habr.com/ru/docs/docs/certificate-legal/.