License Agreement

This text is made in full accordance with Clause 2, Article 437 of the Civil Code of the Russian Federation. This document is an official public offer which contains all essential conditions of agreement on software access provisioning. In case of acceptance of all terms of this public offer by the Customer, the agreement on software access provisioning is signed from the moment the Customer has taken all necessary actions specified in public offer, and indicates consent to all terms (without exceptions and additions) of the agreement on software access provisioning.

Without violating the conditions of this public offer, the Provider and the Customer can make the agreement on software access provisioning at any time in the form of written bilateral agreement.

In accordance with Clause 2, Article 432 of the Civil Code of the Russian Federation, this agreement is not named, that's why rules for certain types of contracts which are foreseen by law or other legal acts aren't applied to this agreement.


AGREEMENT ON SOFTWARE ACCESS PROVISIONING

Limited liability company "WEBIM.RU", further the "Provider", represented by CEO Bogumirski Oleg Borisovich who is acting according to Articles, addresses this Offer contract on Software access provisioning to any person who intends to use Provider's software.

1. DEFINITIONS

1.1. In order to avoid ambiguity and misunderstanding in the interpreting of the text, the parties mutually agree to the following definitions:

1.1.1. "The Provider" means Limited liability company "WEBIM.RU".

1.1.2. "The Customer" means any person or legal entity who fully agrees with the terms of the offer contract and gets access to the Software according to the terms of this Agreement.

1.1.3. "Provider's cloud platform" means the hardware and software system consisting of computer and network equipment, storage systems, with the installed Software necessary for monitoring visitor's to the Client's site via browser programs, creating and sending messages, http-links and other data exchanges, and interfacing with the Visitor's browser program.

1.1.4. The "Offer contract" means the Provider's public offer for signing the agreement on Software access provisioning which is addressed to unspecified individuals or legal entities.

1.1.5. "Customer's Site visitor" means an individual or legal entity who visits Customer's Site (via browser program) which contains HTML-code given by the Provider after Customer has registered in order specified in Section 3 of this Agreement.

1.1.6. "Software access provisioning" means taking certain actions on Provider's Site by the Provider which are aimed at Software functionality provisioning in accordance with terms of this Agreement.

1.1.7. "Software" means a computer program "Webim" which is registered in the name of the Provider in Federal Service for Intellectual Property (Certificate of state registration of computer program No. 2011613143 issued on 20.04.2011).

1.1.8. "Agreement on Software access provisioning" means the text of the actual public offer which is fully accepted by the Customer without additional revisions in the order specified below in the Agreement.

1.1.9. "The list of tariffs" means the document which sets payment (fee) for access provisioning depending on selected tariff. The list of tariffs is affirmed by the Provider and is located on his Site (https://webim.ru/).

1.1.10. "Payment for access provisioning" means a certain amount of money which should be paid by the Customer for Software access provisioning in accordance with this Agreement and tariff selected by the Customer.

1.1.11. "Tariff" means an essential part of the List of tariffs which includes the description of Software facilities and functions that will be provided for the Customer. Payment rate for access provisioning and technical support is calculated based on tariff conditions.

1.1.12. "Personal account" means Provider's protected information resource which is provided for the Customer and is located at the address https://webim.ru/ where the Customer gets access to the Software.

1.1.13. "Technical support" means actions which are taken by the Provider in the established amount and are aimed at providing the Customer with Software functionality including information and consulting support in software usage (Appendix No. 3 to this Agreement).

2. THE SUBJECT OF THE AGREEMENT

2.1. The Provider while being an owner of exclusive rights for the Software is providing the Customer with access to the Software located at the Provider's cloud platform for established reward according to the terms and conditions of this Agreement. The full list of options included in Tariff payments is located at Provider's official Site at the address https://webim.ru/.

2.2. Access to the Software is provided via browser programs.

2.3. The Provider guarantees the availability of full rights for the Software for access provisioning, including documentation.

2.3.1. The Customer accepts the fact that the Software contains confidential information which is protected by intellectual property law of Russian Federation and international treaties. Neither the Customer nor third parties with Customer's assistance will copy or modify the Software; develop computer programs based on Provider's Software; penetrate into the Software with the aim of getting Software's code; take any other actions without Provider's permission which are aimed at violation of Provider's rights.

3. ACCEPTING AN OFFER

3.1. The Offer contact is Provider's official Software access provisioning proposal (offer) and contains all essential terms and conditions.

3.2. Accepting the Offer contract means taking actions which are foreseen in section 4 of this Agreement on Provider's Site and paying the fee for access to the Software according to terms in section 6 of this Offer contract.

3.3. By accepting the Offer contract in order specified in point 2.2 of the Offer contract, the Customer guarantees that he is acquainted with the terms of the Offer contract, agrees and fully accepts all conditions of the Offer contract in the way they are specified in the Offer contract.

3.4. The Customer understands that accepting the Offer contract is equivalent to signing the Agreement for software access provisioning under the conditions specified in this Offer contract.

3.5. By accepting the terms and conditions of this Offer contract specified in point 2.2 of the Offer contract, the Customer (or his representative, including individuals authorized to sign the contract on behalf of the Customer) assures the Provider and guarantees him that the Customer (or is representative) has all rights for signing and executing the contract.

3.6. The Offer contract is located at Provider's Site https://webim.ru/.

3.7. The Offer contract doesn't require being signed or stamped by the Provider and the Customer.

4. THE ORDER OF SOFTWARE ACCESS PROVISIONING

4.1. For gaining access to the Software, the Customer should register an account by registering at the Provider's Site and paying the access fee according to the selected tariff. Registration consists of filling out the required forms located at the address https://webim.ru/ and following the activation link which is sent to the Customer by email after filling out the registration form. Upon registration, the Customer specifies the following information: email address, name, phone number and web-site where the Customer is going to use the Software.

4.2. The Customer will provide full and reliable information at registration. The Provider is not responsible for the fullness and reliability of the information provided by the Customer.

Registration is considered completed the moment the form has been filled out and sent to the Provider. After applying and following the activation link from the email message according to point 4.1 of this Agreement, the Customer receives the letter which is sent to the email address specified in registration form confirming registration and containing login and password information for a 7-day trial account on the Provider's Site. The full access to Software is provided the moment the Provider's checking account receives the payment specified by section 6 of this Agreement.

The Provider's access provisioning obligations begin the moment the Customer logs into the program after the trial period expires. A Customer's access to provisioning will expire according to the tariff and length chosen by the Customer. After a program expires, a Customer's next login will constitute a new period of access provisioning.

Software access provisioning is confirmed by signing the access provisioning certificate (further the "Certificate") by both Parties. The Provider directs the Certificate to the Customer within 10 (ten) working days from the date of receiving money for access provisioning by post or email. Within 10 (ten) working days from the date of receiving the Certificate the Customer has to send to the Provider his copy of the Certificate with a signature and stamp or objections against the Certificate's signing in a written form. In case of non-receipt of the copy of the Certificate signed by the Customer, or in case of objections against its signing in a written form within a period of not more than 20 (twenty) working days from the date of receiving the Certificate by the Customer, access is considered provided on time and in full accordance with this Agreement.

After the completion of registration procedure, the Customer is also provided with HTML-code for placing on his web-site specified during the registration.

4.3. The data specified in the registration form by the Customer can be verified by the Provider for its completeness and reliability. The Provider can limit Customer's access to the account because of certain verification results. The Customer should update the data specified during registration if it changes.

4.4. Access to the Software and its usage are possible only with access to the Internet. The Customer receives and pays for this access on his own according to his Internet provider's conditions.

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. The Provider takes commitments for:

5.1.1. Software access provisioning to the Customer after registration on Provider's web-site as specified in section 3 of this Agreement and also after receiving money on Provider's checking account as specified in Section 6 of this Agreement.

5.1.2. Provisioning the Customer with access in amounts and terms specified in Customer's tariff.

5.1.3. Provisioning the Customer with informational support about Software work via email or Customer's personal account for free (p. 5.4.6. of this Agreement).

5.1.4. Provisioning the access to the Cloud platform and Software 24/7 with possible technical breaks, which are determined according to the maintenance plan, and also provide technical support for the Cloud platform in accordance with terms and conditions foreseen in Appendix No. 3 to this Agreement.

5.1.5. Informing the Customer about emergencies which obstruct access provisioning.

5.1.6. Publishing official announcements about Customer service, tariffs, tariff costs, changes in Offer contract, etc. on Provider's web-site.

5.1.7. Storing statistics and chat history in Provider's database for one calendar year.

5.1.8. Provisioning access to Software technical documentation at the address https://webim.ru/.

5.1.9. Execution of other obligations foreseen in this Offer contract.

5.2. The Provider has the right to:

5.2.1. Block access

  • if Customer's Payment for certain period hasn't been received in accordance with section 6 of this Agreement;
  • if the Provider receives a direction from any state or other competent authority.
5.2.2. Change the List of tariffs unilaterally and change access provisioning conditions for the next accounting period for certain tariffs, notifying the Customer about it by email, or placing such notification on his site https://webim.ru/ not less than one calendar month before coming change.

5.2.3. Block access to Software for the Customer in case he uses Software for the aims which are prohibited by law or violate rights of the third parties.

5.2.4. Use information (depersonalized data) received from the Customer for the aim of its consolidation, analysis, marketing, and researches of other types in any way foreseen by the current legislature.

5.2.5. Use Customer's trademark, company name, and other means of individualization for placing information specifying Customer and Provider cooperation on Provider's site.

5.2.6. Update and change user interface, content, and functionality of Software, carry out maintenance work at any time. Such work can lead to breaks in access provisioning.

5.2.7. Involve third parties in Offer contract execution and be in charge of their actions.

5.3. The Customer takes commitments for:

5.3.1. Passing the procedure of registration on Provider's site for gaining access to Software as specified in section 6 of this Agreement.

5.3.2. Paying for Software access provisioning on time according to the conditions specified in section 6 of this Agreement and Customer's tariff.

5.3.3. Guaranteeing confidentiality of personal data, commercial, and technical information which has been received during cooperation with the Provider in accordance with conditions of this Agreement.

5.3.4. Not using the Software for any aims prohibited by law or violating rights of third parties.

5.3.5. Not revealing third parties' login and password from personal account in order to prevent its unauthorized usage. The Customer is responsible for all actions taken on his personal account with Customer's login and password. Informing the Provider immediately in case of losing login and password or suspicion of breach of confidentiality of data used in Customer's personal account.

5.3.6. Not transferring rights and obligations of the Agreement to third parties.

5.3.7. Getting acquainted with official information about access provisioning on Provider's site.

5.4. The Customer has the right to:

5.4.1. Choose one tariff proposed by the Provider from the List of tariffs or change the tariff which has been chosen before.

5.4.2. Use Software access rights provided to the Customer in accordance with its special purpose and functionality according to Appendix No. 4 to this Agreement.

5.4.3. Receive Provider's assistance in setting up Software access, and also receive consultations from the Provider about Software functionality and Software usage (p. 5.1.4. of this Agreement). The Customer has the right to send corresponding appeals to the Provider according to Conditions of technical support (Appendixes No. 3, 4 to this Agreement).

5.4.4. Submit applications for troubleshooting in Software functioning according to Conditions of technical support (Appendixes No. 3, 4 to this Agreement).

5.4.5. Receive newsletters and notifications about Software functioning.

6. REWARD AND PAYMENT ORDER

6.1. Payment for access provisioning is made in order and amount specified by conditions in this section. VAT shouldn't be paid on payment for access provisioning (Clause 2 of the Article 346.11 of the Tax Code of the Russian Federation).

6.2. During the 7-day trial period for access provisioning to the Software, the Customer chooses the tariff and sends money to the Provider according to the payment rate for the chosen tariff in the form of 100% prepayment.

Payment rate depends on the tariff which has been chosen by the Customer from the List of tariffs on the Provider's site. The Customer pays for Software access provisioning for the accounting period according to the tariff chosen by the Customer.

10 days before the end of the paid period, the Customer will receive the notification via email about the necessity to pay for the next period according to the same conditions or to choose another tariff from Provider's List of tariffs.

Payment is made within 3 (three) banking days from the moment the Customer has been notified.

6.3. An obligation of paying for access provisioning by the Customer is considered fulfilled from the date of receiving money on Provider's checking account. Payments are made in Russian rubles.

6.4. The Provider has the right to revise unilaterally the payment rate for Software access provisioning, change or introduce new tariffs. Payment rate is calculated according to new tariffs from the moment specified in publication of new tariffs on Provider's site (but not earlier than two weeks after publishing).

6.5. The Provider informs the Customer about tariff changes by publishing this information on the Provider's site not less than two weeks before the planned date of new tariffs introduction.

6.6. The Customer is responsible for the correctness of payments he makes. In case of changes in the Provider's bank details, the Customer is responsible for payments made with outdated banking details from the moment of publication of new banking details on Provider's site.

6.7. In case of termination of this Agreement before the end of the period of Software access provisioning, the payment isn't returned to the Customer.

6.8. In case of non-payment of prepayment for accounting period prolongation after the end of paid accounting period, the Provider has the right to restrict or stop access provisioning till he receives the payment. In case of non-payment during 10 days after the end of the last paid period, the Provider has the right to delete all data in the Customer's personal account without possibility for further data recovery.

7. TERM OF AGREEMENT, ORDER OF CHANGING AND TERMINATION

7.1. Approval of registration on the Provider's site is considered the moment of signing the Agreement as specified in Section 4 of this Agreement. The full access to Software is provided as specified in Section 6 of this Agreement.

7.2. This agreement is valid for one year from the moment of signing and will be automatically renewed every year if neither party informs the other about its termination for any reasons in written form one month prior to the end of this term.

7.3. This Agreement can be changed or modified if both parties express their agreement in written form.

7.4. In case of mutual agreement which is expressed in written form, parties have the right to terminate this Agreement ahead of time. The party that initiated Agreement termination informs another party about it in written form 30 calendar days before the possible date of termination.

7.5. In case of preterm termination of this Agreement, payment for access provisioning isn't returned to the Customer.

8. RESPONSIBILITIES OF THE PARTIES. LIMITATION OF LIABILITY

8.1. Parties are responsible for non-execution or improper execution of their responsibilities according to this Agreement as specified in the current legislature of the Russian Federation.

8.2. The Provider doesn't guarantee that the Software will correspond to Customer's goals and objectives. Access to the Software is provided in accordance with "AS IS" common principle. The Customer uses the Software at his own risk.

8.3. The Provider isn't responsible for any of the Customer's actions connected with Software usage including Customer's unjustified expectations for Software usage and also for failure in certain economic or other indicators achievement.

8.4. The Provider isn't responsible for delays and interruptions in Software work which occur for the reasons that are out of Provider's control.

8.5. The Provider isn't responsible for the quality of services required for Software work if they are provided by third parties that are not involved by the Provider.

8.6. The Customer agrees that he needs to use software and equipment which are made and provided by third parties for Software work, and the Provider isn't responsible for the quality of their work.

8.7. The Customer agrees that neither software works flawlessly.

8.8. The Provider is responsible for direct or indirect damages only within cost of access to the Software for the accounting period when damages occurred in accordance with Customer's tariff.

8.9. The Customer is responsible for safety and confidentiality of registration data: login and password. All actions taken with the help of Customer's login and password are considered Customer's actions. The Customer is responsible to third parties for all actions taken with the help of Customer's login and password. The Provider isn't responsible for unauthorized usage of Customer's registration data by third parties.

9. CONFIDENTIALITY

9.1. Protection of information which parties provide to each other while they are cooperating according to the Agreement, is the aim of this section. Protection of information is carried out in accordance with positions of Privacy Policy which have been developed by the Provider for these purposes. Privacy Policy is Appendix No. 1 to this Agreement and is an integral part of it. By accepting terms and conditions of this Agreement, the Customer automatically accepts conditions of Privacy Policy.

9.2. Parties agree to consider the whole amount of information provided to each other under this Agreement or due to purposes specified in it, as well as information about this Agreement and suggestions, confidential information (within the limits permitted by the current legislature of the Russian Federation, — trade secret), if it doesn't contradict with positions of the Agreement and its appendices.

9.3. Each of the parties who receives confidential information (the "Receiving party") from the other party (the "Disclosing party") has no right to share it with any entity without direct permission from the Disclosing party and has to take all measures to protect confidential information including measures that he takes to protect his own confidential information/trade secret.

9.4. The Receiving party agrees to use disclosed information only for the aim of agreement realization.

9.5. The Receiving party undertakes to limit the list of persons who have access to confidential information exclusively to workers directly involved in agreement execution.

9.6. Obligations specified in this section do not extend to the following information:

  • information which is or which becomes generally known not through the fault of the party who receives this information from the other party of the agreement, what should be confirmed by relevant evidence;
  • information which has been received by parties from third parties without obligation of maintaining confidentiality;
  • information, disclosure of which is necessary in accordance with the requirements of the current legislature. Such information can be provided only to those authorities which have corresponding credentials as specified in the current legislature.
9.7. Provisioning of confidential information to third parties isn't considered disclosure, if there is a written permission for its disclosure.

9.8. Obligations concerning confidential information protection and established by this agreement are valid for 3 (three) years from the moment of transferring confidential information.

9.9. The Provider has the right to aggregate, systemize, and analyze information received from the Customer after depersonalization of this information, including confidential information, with the aim of creating information and analytical reports of various kinds and databases; the Provider guarantees non-proliferation and safety of confidential information contained in reports and databases in accordance with this agreement and current legislature. The Provider is an owner of exclusive rights for such databases, information and analytical reports as for objects of protectable intellectual property.

10. PERSONAL DATA

10.1. By accepting conditions of this Agreement, the Customer agrees to processing of his personal data specified during registration and the Provider's site usage (Appendix No. 2 to this Agreement).

10.1.1. The Customer who is personal data operator according to Federal law of the Russian Federation No. 152-FZ on Personal Data (further — the Law) entrusts the Provider as personal data processor to process the following personal data of visitors of Customer's site:

10.1.1.1. personal data which isn't special or biometric: name, surname, patronymic; date of birth; email addresses; data on social media accounts; purchase history information; information about interests.

10.1.1.2. special personal data: religious beliefs; philosophical beliefs; political views.

10.1.1.3. public personal data: surname, name, patronymic; date of birth; email addresses; data on social media accounts; purchase history information; information about interests; religious beliefs; philosophical beliefs; political views.

10.2. By processing personal data by Customer's request, the Provider is a personal data processor.

10.3. By processing personal data provided by the Customer, the Provider undertakes to follow some principles:

10.3.1. personal data processing should be carried out on a legal and fair basis;

10.3.2. personal data processing should be limited to specific, predetermined and legitimate goal achievement.

Personal data processing that is incompatible with the aims of personal data collection is not allowed; consolidation of databases which contain personal data that is processed for incompatible goals is not allowed.

10.3.3. only personal data that corresponds to the aims of its processing should be processed;

10.3.4. the content and volume of processed personal data should correspond to declared processing goals. Processed personal data should not be in excess of its declared processing goals;

10.3.5. accuracy, sufficiency and in some cases relevance of personal data should be provided during personal data processing;

10.3.6. personal data storage should be carried out in the form that allows to define personal data subject, no longer than goals of personal data processing require, if storage period of personal data isn't established by law or contract in which personal data subject is the party, beneficiary, or guarantor. Processed personal data should be destroyed or depersonalized after achieving goals of processing, or in case of loss of necessity for achieving goals if otherwise iot foreseen by federal law.

10.4. By personal data processing by Customer's request, the Provider can take the following actions on it: recording, systematization, accumulation, storage, extraction, usage, blocking, deletion, destruction.

10.5. Personal data processing by Customer's request is carried out by the Provider in order to comply with requirements of Constitution of the Russian Federation, federal laws and other legal acts, Provider's internal acts for execution of rights and obligations which have occurred due to conclusion of contractual relationships with the Customer.

10.6. By personal data processing the Provider must preserve its confidentiality, provide its safety, and fulfil protection requirements according to the Article 19 of the Law.

10.7. The Provider by being the processor of personal data by the Customer's request according to Clause 4 of Article 6 of the Law, doesn't have to ask for agreement of the Visitor of Customer's site for processing of his personal data which has been entrusted to the Customer for processing.

10.8. The Customer is responsible to Visitors of Customer's site whose personal data is processed by the Provider by Customer's request.

11. SETTLEMENT OF DISPUTES

11.1. In case of occurrence of disputes during execution of this agreement or in connection with it, the parties will take all possible measures to settle disputes through negotiations.

11.2. Pre-trial claim procedure is a must for the parties. The term of consideration of the claim is equal to 10 calendar days from the moment of receiving.

11.3. In case of failure to settle the dispute, it will be referred to the arbitration court by Provider's location.

11.4. The Law of the Russian Federation is an applicable right for this agreement.

12. FINAL PROVISIONS

12.1. On other issues that are not foreseen by terms of this agreement, the parties go by the current legislature of the Russian Federation.

12.2. The following appendices are an integral part of this agreement:

Specified prices for options, tariffs may vary.


Appendix No. 1 to the License Agreement

PRIVACY POLICY


What information do we collect?

Webim Service (https://webim.ru) takes privacy of your data very seriously. We collect information when you register on Webim's site or add events and transactions.

We do this in order to improve the quality of service for our users.

We get information from two sources:

  • By getting it directly from you.
    For example, during registration on our site we can ask you to enter your name, phone number, web-site address, email address.
  • By getting it automatically while you are using Webim service (Webim.ru).
    For example, it might be "cookies" and information stored in logs on servers.
How do we use collected information?

Any personal information received by us can be used in one of the following ways:

  • To carry out your actions in Webim service (Webim.ru). Your information, whether private or public, will not be sold, exchanged, transferred or provided to any other organization without your consent except for the aim of provisioning of product or service that you requested.
  • To improve the quality of customer service.
    Your information helps us solve problems which occur for customer support services more efficiently.
Information protection

We introduced a number of protective mechanisms which allow us to control confidentiality and security of your personal information when you enter, send, or upload it.

We offer use of a protected server. All information you provide is transmitted by Hypertext Transfer Protocol Secure (HTTPs), encrypted by technology SSL/TLS and stored in secure databases on our servers, access to which is provided only for authorized specialists and software, who undertake to keep confidentiality of provided information.

After you finish using Webim service (Webim.ru), your personal information will be stored for more than 60 days to allow you to login in Webim service again.

Do we use "cookies"?

Yes. "Cookies" are small fragments of information which are sent by the web-server to the user's computer via browser (if the user allows it). Later it sends them back to the web-server. "Cookies" allow Webim (Webim.ru) to recognize you and your browser, save your information and use it again.

We use "cookies" to recognize you faster and not ask you again for your information, when you visit our site in the future.

We aggregate and analyze data about traffic on our site, as a result we can offer a more attractive service level in the future.

Do we disclose information to third parties?

We do not sell, exchange, or send your personal information on any other conditions to third parties outside our company. It doesn't apply to our trusted partners who help us to manage our site, business, or user service, if these partners undertake to keep confidentiality of acquired information. We also can provide fragments of your information, when we are sure that such action corresponds to the legislature and our Privacy policy and it doesn't violate your or our rights and safety conditions. We pay attention to ensure information about users of our site, which can't be connected to someone's identity, is available to third parties for use in marketing, advertising, etc.

Third party site and services

Sometimes we can offer you products and services from third parties on our site. These third parties have their own privacy policies which are not connected with us. That's why we are not responsible for anything connected with usage of these products and services. Nevertheless, we make efforts to maintain integrity of our site and welcome all reviews on integration with products of third parties.

How to find and change your personal data?

All users of Webim service (Webim.ru) can make any changes to their personal data at any time. If you want to do it, you can open the Webim website, log in to the service using your login and password and open the context menu in the upper right corner of the web page (the header) by clicking on the arrow near your photo. Choose the "Profile" item in the context menu.

Your contest

By using our site you agree with our Privacy policy.

Changes in our Privacy policy

We reserve the right to make changes in Webim's Privacy policy without warning users about it.

If we decide to change our Privacy policy, we will immediately publish all changes on this page and update the date of the last change of the Policy (see below).

The date of the last change of Webim (Webim.ru) Privacy policy: March 30, 2017.

Contact information

If you have any questions or proposals for Webim (Webim.ru) Privacy policy or collection of information which is committed according to this policy, please contact us by email at support@webim.ru.


Appendix No. 2 to the License Agreement

Consent to the collection and processing of personal data

I (further - the "User") hereby, in accordance with federal law No 152-FZ on Personal data, acting freely, willfully, and in my own interest give consent to "Webim.Ru" (further - Administrator) to process my personal data, which I specify by filling out forms while using the site (including all levels of specified domain, further - the Site).

Personal data is understood to mean any information related to me, including my surname, first name, patronymic, contact details (phone, fax, email address, mailing address), or other information I provide related to the Site Administrator's field of activity.
Personal data processing is understood to mean the collection, systematization, accumulation, clarification, updating, modification, usage, distribution, transferring (including cross-border), depersonalization, blocking, deletion, termless storage, and any other actions with personal data.

The User's personal data processing is carried out in order to provide the User with Site functionality, it's content, marketing, advertising, and other information to obtain personalized (targeted) advertising, to research and analyze the User's data, and to promote the company's goods and services to the User.

In relation to all personal data specified by the User, the Administrator has the right to collect, systematize, accumulate, store, clarify (update, modify), use, distribute (including transferring personal data to third parties for storage, or entrusting third parties with personal data processing), depersonalize, delete, transfer (including cross-border), basic processing (electronic medium recording and storage, list making, labeling), and other actions in accordance with federal law No 152-FZ on Personal data.

Administrator takes all necessary measures to protect the User's personal data as well as give data access only to the Administrator's employees, contractors, and agents who need this information for promoting the goals of personal data processing by Site Administrator.

The User's data disclosure can be made only in accordance with the law of Russian Federation.

The User understands any data not related to contact information or to the goals defined by the Administrator (Administrator's field of activity, goods and services promoted by Administrator, terms of cooperation of Administrator and Site User) or which is related to state secret information, bank and trade secret information, information about race and nationality, political views, religious and philosophical beliefs, health status, or Site User's or third party's intimate life is forbidden to be collected and used.

Issuance date for consent to the User's personal data processing is the date of registration on Site page available via link https://login.webim.ru/register.php or the date of filling out forms with personal data and sending its content to server on Site pages on webim.ru.


Appendix No. 3 to the License Agreement

TERMS OF TECHNICAL SUPPORT


1. WORK TIME

1.1. The parties agree that incident resolution is made in the following time period (work time): from 10:00 till 19:00 by Moscow time on weekdays (except weekends and holidays). The reaction time and incident resolution time for the service request that has been received beyond the time period specified here starts from 10:00 the next working day after the date the request has been received.

2. SERVICE METRICS

2.1. Reaction time on a user's request — the amount of time passed from the moment of receiving and registering the service request (the problem report from the user) before the actual start of work on the problem. One of the following actions occurs the moment a request is received:

  • the Customer receives an automatic reply email from support@webim.ru with request (in order to avoid the situation when the letter gets in SPAM folder);
  • the request is registered via an online task registration service provided by the Provider.
2.2. Incident resolution time (time for provisioning of workaround or permanent solution) — the amount of time passed from the moment of actual start of work till request completion. The moment of work start notification dispatch to the Customer is considered the moment of actual start of work. The moment of completion message dispatch to the Customer is considered the moment of request resolution. Confirmation or denial of work should be dispatched by the Customer in one hour from the moment of receiving the notification about service request execution. Otherwise the request is automatically considered completed properly. The Provider sends work start and completion notifications to Customer's representatives on whose behalf the service request has been received via email or online task registration service.

2.3. Incident lifetime — total amount of time passed from the moment of request receiving and registration till the moment of service request completion.

3. SERVICE LEVELS

Incident prioritization criteria

4. REACTION TIME AND INCIDENT RESOLUTION TIME
These regulations apply to those incidents whose presence doesn't allow Provider's agents to process user's requests on Customer's site and mobile app. If you don't receive the confirmation of start of work on the problem via email for 15 minutes, please make one more request to your technical support manager by phone.

In other cases, incident resolution time is calculated individually depending on the incident itself.

5. THE LIST OF TECHNICAL SUPPORT OPTIONS

5.1. The Provider carries out the following activities connected with IT-structure service and support by Customer's request:

5.1.1. Consulting the Customer, solving problems connected with functioning of Software and its components;

5.1.2. Monitoring of Software elements and subsystems; preventive work, aimed at maintenance of Software performance in general;

5.1.3. Setting up Software account by Customer's request;

5.1.4. Testing Software work correctness in accordance with Customer's requirements.

5.2. Activities connected with partial or full execution of duties of Customer's employees don't apply to technical support.

5.3. The Customer is provided with a personal manager.

5.4. The following channels (one or several) for parties interaction are used in technical support:

  • online task registration service provided by the Provider;
  • common chat;
  • phone number of personal manager

6. FINANCIAL CONDITIONS

6.1. The cost of Software technical support, provided in the amount specified in section 4 of this Appendix, is included in payment for access provisioning for the period equal to the period of access.

6.2. In case of exceeding the number of maximum requests specified in section 4 of this Appendix, incident resolution is made at extra charge which is equal to 1000 roubles for each request.

6.3. In case of exceeding the number of maximum requests, technical support is provided after the Customer has paid the cost specified in point 6.2 of this Appendix.


Appendix No. 4 to the License Agreement

LOAD LEVEL


The Provider undertakes technical support provisioning only providing that the Customer generates standard load level on Provider's capacities.

The level at which load indicators don't exceed the limits specified in the Agreement is considered standard.

If limits are exceeded, load level is considered elevated and the Customer is offered to come to an additional agreement for technical support provisioning for elevated load level.

The load is considered elevated, if at least one of the following limits is exceeded:

1. Size of Customer's 'pro' database (as sum of sizes of occupied data and indexes in DBMS) exceeds 10 Gb.

2. Size of Customer's file storage (as sum of sizes of occupied files in /var/pro/client-data/ directory and its subdirectories on the application server) exceeds 20 Gb.

3. Growth of data size in Customer's file storage exceeds 5 Gb per month.

4. Aggregate load index (ALI) for the elapsed calendar month exceeded the value of 5M (5 000 000 units) in five or more days. A detailed calculation formula is specified in the appendix to the Agreement.

5. Aggregate load index (ALI) is used for monitoring of the load exerted by the Customer on Provider's hardware and software capabilities and resources.

6. ALI is calculated according to the formula ALI = S(kn * dn), where n indexes all URL of Provider's servers to which Customer's requests are sent by TCP/IP protocol, where kn is a weight coefficient of this URL, dn is the number of requests in one specified day.

7. Weight coefficients are determined according to the group the URL belongs to, and they represent comparative "weight" of this type of request. The bigger the weight is, the more resources are required for URL request execution.

8. There are 6 such groups (with numbers from 0 to 5):

8.1. Group 0: weight k=1, includes all URLs which are not included in other groups

8.2. Group 1: weight k=2, includes the following URLs:

/webim/js/button.js
/webim/client.php
/webim/iclient.php
/api/v*

8.3. Group 2: weight k=4, includes the following URLs:

/l/o/check-spelling2
/l/v/telegram
/l/v/vk*
/l/v/fb*
/l/v/viber*
/l/v/ok*
/l/v/yandex*
/l/v/skype*
/l/v/email*
/l/v/apple-business
/l/v/infobip
/l/ch

8.4. Group 3: weight k=8, includes the following URLs:

/l/v/delta
/l/v/m/delta
/l/o/delta

8.5. Group 4: weight k=16, includes the following URLs:

/l/v/history
/l/v/m/history
/operator/history.php
/webim/operator/history.php
/l/v/get-history
/l/o/get-history
/l/o/current-stats.php

8.6. Group 5: weight k=32, includes the following URLs:

/operator/statistics.php
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