USER AGREEMENT PLEASE READ THIS USER AGREEMENT CAREFULLY. BY USING THE WEBSITE WWW.EDS.RU, YOU HEREBY JOIN THIS USER AGREEMENT AS A USER AND ACCEPT ALL OF ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE.

This User Agreement (hereinafter referred to as the “Agreement”) governs the relationship between Limited Liability Company “ENKA DATA CENTER SOLUTIONS”, established under the laws of the Russian Federation (OGRN: 1257700486284, INN: 9702078580) and registered at the legal address: 127051, Moscow, Meshchansky Municipal District, Tsvetnoy Blvd, 16/1, premises 3/1 (hereinafter referred to as the “Company”), and any person (hereinafter referred to as the “User”) visiting (using) the website accessible via the domain name WWW.EDS.RU (hereinafter referred to as the “Site”).

1. General Provisions

1.1. The Company is the owner of the Site. Under this Agreement, the Company grants the right of access to and use of the Site, and the User undertakes to use the Site properly within the limits established by this Agreement.

1.2. The primary purpose of the Site is to provide information about the Company’s activities and the facilities owned by it.

1.3. The Site contains exclusively information of an advertising or reference nature intended for the information of Users. For the avoidance of doubt, there are no public offers or any other offers (except for this Agreement), nor any commercial proposals on the Site.

1.4. The Company is permitted to change the terms of this Agreement unilaterally without separate notice to the User. The current version of the Agreement is always published on the Site. The User is obliged to check the current terms of the Agreement from time to time.

1.5. This Agreement does not govern any relations for consideration (paid services) between the Company and the User.

2. Intellectual Property Rights

2.1. The Company is the holder of duly executed exclusive rights and/or rights of use (licenses) in relation to the Site as a whole as a composite work, as well as all results of intellectual activity posted on it, including, among others, texts, photographs, diagrams, graphic drawings, other images, interface elements, logos, computer programs, including source texts and object codes, other copyright objects, video and audio recordings, databases and other objects of related rights, trademarks and service marks, the trade name and commercial designations of the Company, as well as the layout and arrangement of the above-mentioned objects on the pages of the Site, in relation to the design of the Site, including its appearance, selection of color palette, structure, and fonts (hereinafter all specified results of intellectual activity are collectively referred to as the “Content”).

2.2. The User is obliged to respect the Company’s rights to the Site and the Content and to refrain from any actions that directly or indirectly may lead to a violation of the Company’s rights to the Site and the Content or contribute to the commission of such a violation by a third party.

 

3. Use of the Site and Content

3.1. Under this Agreement, the Company grants the User a non‑exclusive, royalty‑free right (license) to use the Site and the Content worldwide strictly in the following ways:

  • to access and view the Content by opening the Site in a browser window during the User’s internet session;
  • to save pages of the Site to a machine-readable medium (e.g., a computer hard drive or USB flash drive) or print them on paper for the User’s personal needs, provided that the User simultaneously complies with all of the following restrictions:
    (i) it is prohibited to distribute copies (printouts) of Site pages or their fragments, as well as to make multiple copies (printouts) of Site pages beyond what is reasonably required for the purpose indicated above;
    (ii) it is prohibited to remove, modify, or conceal copyright notices or intellectual property protection marks from printouts or electronic copies;
    (iii) it is prohibited to save and/or print Site pages or their fragments if they contain notices prohibiting such actions or if software tools exist that prevent such actions;
    (iv) it is prohibited to modify or supplement the Content;
    (v) it is prohibited to save or print individual results of intellectual activity that form part of the Content without saving (printing) the page of the Site on which they are located (except for quotations as described below);
  • to use the functions available on the Site in accordance with their purpose as determined by the Company; and
  • to quote the Content in an amount justified by the legitimate purpose of the quotation, provided that the Site is indicated as the source of the quotation (via a hyperlink).

3.2. The User is not authorized to grant sublicenses to the rights specified in Clause 3.1 of the Agreement.

3.3. The rights provided in Clause 3.1 of the Agreement are granted to the User on the condition that the User complies with all provisions of this Agreement. If any of these provisions are violated, the User’s rights to use the Site are considered automatically terminated (without special notice from the Company) from the moment of such violation.

3.4. The Company has the right, at its sole discretion, to terminate or restrict access to the Site for individual Users or groups of Users without providing reasons.

3.5. The User is prohibited from:

  • reproducing the Content in a periodical printed publication and subsequently distributing copies of such publication, broadcasting the Content or transmitting it via cable, and making it publicly available without the Company’s prior written permission (for the avoidance of doubt, this Agreement does not contain such permission);
  • accessing Site settings that are not intended for User access;
  • performing any actions intended to impersonate another User;
  • using the Site and/or the Content in any ways not listed in Clause 3.1 of the Agreement, including but not limited to modification, decompilation, and incorporation into composite works;
  • using the Site and/or the Content for any commercial purpose unless the User has obtained prior written permission from the Company for such use (for the avoidance of doubt, this Agreement does not contain such permission);
  • creating phishing web resources or any other web resources confusingly similar to the Site and/or the Content;
  • performing any actions with the source code of the Site;
  • bypassing the Site’s navigation system or performing actions aimed at causing malfunction of the Site, slowing or hindering its operation, or artificially increasing the load on servers and communication channels;
  • bypassing antivirus systems, firewalls, or other protective tools used by the Site and its hosting;
  • searching for or exploiting vulnerabilities of the Site;
  • accessing the Site using web bots, except for official search engine crawlers belonging to search engines;
  • misusing Feedback Forms (as defined in Clause 4.1 of the Agreement), including sending malicious software, advertisements, spam, or fraudulent messages through the Feedback Forms;
  • tracking the actions of other Users of the Site or attempting to identify them;
  • performing any actions that contradict the legislation of the Russian Federation and/or the state in which the User is located;
  • performing any other actions prohibited by the terms of this Agreement; and
  • encouraging other persons to commit any of the above actions.

 

4. Feedback Forms

4.1. The Company places web forms on the Site (hereinafter referred to as the “Feedback Forms”) intended for Users to send messages to the Company (hereinafter referred to as the “Messages”) regarding the matters indicated in the headings of such web forms or on the respective pages of the Site. In particular, the Feedback Forms may be used for business correspondence and for submitting résumés for vacant positions.

4.2. Users send Messages on their own behalf and exclusively in their own interests.

4.3. Messages that do not correspond to the purpose of the Feedback Form (as indicated in its heading) may be deleted without review.

4.4. The Feedback Forms are not intended for sending:
– any materials containing information protected by law (for example, personal data of any persons other than the sender of the Message); and/or
– legal Messages, i.e., Messages submitted on the basis of and/or in execution of any legal norm or regulatory act, as well as Messages intended to initiate legal consequences for the Company and/or the User who sent the Message.

If such Messages are submitted, the Company will not be able to ensure their proper receipt and review. If necessary, Users must send such Messages in written form to the Company’s legal (postal) address specified in Clause 11.1 of the Agreement.

4.5. The Company makes every effort to process Messages promptly. However, the Company does not guarantee that a response will be provided to the User within any specific timeframe. The Company is entitled to leave a User’s Message without review or without a response if it does not comply with the terms of this Agreement or in other cases where the Company deems it necessary.

4.6. Users must not use the Feedback Forms to communicate with Company managers regarding previously concluded contracts. In such cases, Users should contact the managers or other authorized Company employees responsible for the respective contract directly.

5. External Links

5.1. The Site may contain links to third-party web resources. The Company makes every effort to exclude any links to unreliable, fraudulent, or other similar web resources. However, their operation is not governed by this Agreement. The Company is not responsible for the content of third-party web resources or the specifics of their functioning, including any potential harm caused to Users on said web resources.

6. Intellectual Property Rights Infringement on the Site

6.1. If a User or another rights holder believes that the Company is violating their intellectual property rights, please report this using the contact details specified in Clause 11.1 of this Agreement. To ensure timely response to such a possible violation, the rights holder must send a written statement (in scanned form) indicating the specific page of the Site and/or the internet address where the Content allegedly infringing intellectual property rights is located, along with evidence confirming the rights holder’s ownership of the intellectual property rights. If the statement is signed by a representative, a document confirming the representative’s authority (for example, a power of attorney) must also be attached.

 

7. Disclaimer of Warranties

7.1. ACCESS TO THE SITE AND THE CONTENT IS PROVIDED TO THE USER ON AN “AS IS” BASIS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES REGARDING THE SITE AND THE CONTENT. AMONG OTHER THINGS, THE COMPANY DOES NOT WARRANT TO THE USER THAT: (I) THE SITE IS FREE OF SOFTWARE ERRORS, WILL OPERATE WITHOUT INTERRUPTIONS, IS COMPATIBLE WITH THE USER’S DEVICES, AND WILL BE DISPLAYED CORRECTLY ON SUCH DEVICES; (II) THE SITE WILL BE CONSTANTLY AVAILABLE TO THE USER (EXCEPT FOR PAGES CONTAINING THE PERSONAL DATA PROCESSING POLICY AND THE COOKIE AND WEB ANALYTICS POLICY); (III) THE SITE CONTAINS COMPLETE, EXHAUSTIVE, ACCURATE, ERROR-FREE, AND SUITABLE INFORMATION FOR THE USER’S NEEDS REGARDING THE COMPANY, ITS ACTIVITIES, AND SERVICES; (IV) WHEN PRINTED OR SAVED TO A MACHINE-READABLE MEDIUM, THE SITE PAGES WILL LOOK THE SAME AS THEY DO ONLINE; (V) THE SITE DOES NOT CONTAIN INFORMATION TO WHICH ACCESS IS PROHIBITED OR RESTRICTED IN THE COUNTRY OF THE USER’S LOCATION; AND (VI) THE SITE DOES NOT CONTAIN INFORMATION THAT, IN THE USER’S OPINION, MAY BE INCORRECT OR OFFENSIVE.

7.2. WHEN USING THE SITE, THE USER IS OBLIGED TO RELY ON THE USER’S OWN ANTIVIRUS SOFTWARE, FIREWALLS, AND OTHER INFORMATION SECURITY TOOLS. THE COMPANY MAKES EVERY POSSIBLE EFFORT TO ENSURE THE PROTECTION OF THE SITE AGAINST HACKER ATTACKS, CYBERCRIMES, AND OTHER ACTIONS BY THIRD PARTIES THAT ARE HARMFUL AND DANGEROUS TO THE USER. NEVERTHELESS, THE COMPANY DISCLAIMS ANY WARRANTIES THAT THIRD PARTIES WILL NOT BE ABLE TO UNLAWFULLY USE THE SITE AND ITS CONTENT TO CAUSE HARM TO THE USER.

 

8. Limitation of Liability

8.1. THE COMPANY SHALL NOT BE LIABLE FOR ANY BREACH OF OBLIGATIONS UNDER THIS AGREEMENT OR FOR ANY LOSSES INCURRED BY THE USER AS A RESULT OF USING THE SITE, EXCEPT IN CASES WHERE THE COMPANY ACTS WITH INTENT. THE COMPANY SHALL NOT BE LIABLE FOR ANY OTHER DAMAGE CAUSED TO THE USER UNLESS SUCH DAMAGE IS CAUSED THROUGH THE COMPANY’S FAULT. THE PARTIES AGREE THAT UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE OBLIGED TO COMPENSATE THE USER FOR: LOST PROFITS; TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY INDIRECT, PUNITIVE, CONSEQUENTIAL, OR OTHER TYPES OF LOSSES OR DAMAGES THAT MAY BE PROVIDED FOR UNDER THE LAW OF THE USER’S COUNTRY OF RESIDENCE.

8.2. THE USER SHALL BE LIABLE FOR ANY VIOLATION OF THIS AGREEMENT AS WELL AS FOR INFRINGEMENT OF THE COMPANY’S INTELLECTUAL AND OTHER RIGHTS TO THE FULL EXTENT PROVIDED UNDER APPLICABLE LAW (CLAUSE 10 OF THIS AGREEMENT), AS WELL AS UNDER THE LEGISLATION IN FORCE IN THE USER’S COUNTRY OF RESIDENCE (IF THE USER’S ACTIONS CONSTITUTE A CRIMINAL OFFENSE OR OTHER VIOLATION UNDER THE LAWS OF THAT STATE).

9. Confidentiality

9.1. The User’s personal data is confidential information and is processed in accordance with the Personal Data Processing Policy available on WWW.EDS.RU.

9.2. Messages submitted through the Feedback Forms are confidential information and shall not be disclosed by the Company, except in the following cases:
(i) the User who submitted the Message has personally requested in writing that the Message be disclosed to a third party or made public;
(ii) the Message must be disclosed pursuant to an order of a competent court, a lawful request by law enforcement or other state authorities, or in accordance with applicable legislation;
(iii) access to the Message is provided to contractors of the Company performing technical support and maintenance of the Site and the Company’s information systems, provided that they comply with the requirements and restrictions established by the legislation of the Russian Federation.

10. Governing Law and Dispute Resolution

10.1. This Agreement and all relations between the Parties in connection with the use of the Site are governed by the legislation of the Russian Federation.

10.2. All disputes arising from this Agreement or related to the use of the Site shall be resolved in court at the location of the Company.

11. Contact Information

11.1. Inquiries related to the operation of the Site and statements regarding intellectual property rights infringement should be sent to the Company’s postal address:
127051, Moscow, Meshchansky Municipal District, Tsvetnoy Blvd, 16/1, premises 3/1.