Agreement on limitation of liability

01Terms and definitions

Agreement - this agreement on limitation of liability entered into between the Contractor and the User, defining the rights, obligations and liability of the parties with respect to the administration of the Ordered Domain, posted on the Contractor’s website at https://applygroup.ru/soglashenie/.
Contractor - LLC “APPLY GROUP”, providing services for service administration of domain names on the basis of the Public Offer posted at https://applygroup.ru/dogovor/.
User - a person who has applied to the Contractor for the purpose of receiving the Contractor’s services, including through the mediation of another person authorised by the User to assist the User in obtaining the Contractor’s services (hereinafter - “person authorised by the User”).
Ordered Domain - a second-level domain name in the .RU, .РФ or .SU domain, specified in the order for the provision of the Service, in respect of which this Agreement is concluded. At the time the Service order is accepted for execution, the User must be the owner of the Ordered Domain.
Offer - the document “Agreement for Service Administration of a Domain Name” posted on the Contractor’s Website at https://applygroup.ru/dogovor/, defining the general terms and conditions for the provision of Services and binding on the Parties.
Website - an information resource located at the address of the Ordered Domain.
Content - any information, materials, data, images, audio, video, software and other objects posted on the Website.
Service Order - a request generated on the Contractor’s website by the User or a person authorised by the User, containing all necessary information for the Contractor to provide the services stipulated by the Agreement.
Service - the activity of the Contractor for technical administration of one Ordered Domain, during which the Contractor:
interacts with an accredited registrar on all matters related to domain administration;
renews the domain registration period;
carries out registration;
changes the NS records of the domain upon the Customer’s request.
The Service does not include:
DNS record management (except for changing NS servers upon the request of the User or a person authorised by the User);
providing access to a DNS management panel or any other panel for editing records;
hosting, website development, website management, or content hosting.
Domain Name - a symbolic designation registered in the prescribed manner in the registry of domain names .RU, .РФ or .SU.
Registry - the central database of domain names containing information about registered domains and their administrators.
Registrar - an accredited organisation that registers domain names in the relevant domain zone and interacts with the Registry.
Domain Administrator - the person in whose name the domain name is registered in the Registry. Under the Agreement, the domain administrator is the Contractor acting as a technical administrator.
Contractor’s Instructions - documents, forms, templates, rules and other guidelines posted on the Contractor’s Website, defining the procedure for submitting, processing and paying for applications of the User or a person authorised by the User, as well as other conditions for performing actions provided for by the Agreement. The Instructions are binding on the Parties.
Regulatory Documents - the Rules for registration of domain names in the .RU and .РФ domains and other documents approved by the Autonomous Non-Profit Organisation “Coordination Centre for the National Internet Domain” (hereinafter - the “Coordinator”) and published on the official website of the Coordinator at https://cctld.ru/files/pdf/docs/rules_ru-rf.pdf;
the Rules for registration of domain names in the .SU domain and other documents approved by the Autonomous Non-Profit Organisation “Russian Scientific Research Institute for the Development of Public Networks” (hereinafter - “RosNIIROS”) and published on the official website of that organisation at https://www.ripn.su/bitrix/templates/veonix/assets/file/rules_su.pdf;
Contractor’s Website - the website located at https://www.applygroup.ru.

02General provisions

2.1. This Agreement defines the rights, obligations and liability of the Parties in connection with the Contractor’s provision of the Service for service administration of the Ordered Domain in the interests of the User.

2.2. The Contractor’s Service is exclusively technical in nature.

2.3. By entering into this Agreement, the User confirms that he/she has read the terms of the Public Offer, as well as the Personal Data Processing Policy posted on the Contractor’s Website at https://applygroup.ru/opd-policy/, and guarantees full and unconditional acceptance of their terms.

2.4. The submission by the User or a person authorised by the User to the Contractor of a Service Order using the Contractor’s website and/or the transfer to the Contractor of the right to administer the Ordered Domain confirms the conclusion of this Agreement by the User.

2.5. The Agreement shall enter into force from the moment it is signed by the User or upon the fulfilment of the conditions specified in clause 2.4 of the Agreement.

2.6. The Order of the Service and/or the transfer to the Contractor of the right to administer the Ordered Domain in accordance with clause 2.4 of the Agreement confirms and guarantees the User’s full and unconditional consent to the terms of this Agreement and the Regulatory Documents.

2.7. The User confirms that all information and documents provided to the Contractor are accurate, complete and up-to-date at the time of their provision, and undertakes to immediately notify the Contractor directly or through a person authorised by the User of any changes thereto.

2.8. This Agreement may be concluded with respect to one or several Ordered Domains. The list of domains shall be indicated in the User’s Personal Account and/or in clause 14 of this Agreement. In the event the Agreement is concluded with respect to several domains, the terms of the Agreement shall apply to each domain separately. Termination of the Service with respect to one domain shall not affect the provision of Services for other domains.

03Procedure for the provision of services

3.1. The Service shall not be performed, and Services already being provided shall be limited or early terminated, in the following cases:

3.1.1. The User is not the owner of the Ordered Domain at the time the Contractor accepts the Service order for execution.

3.1.2. The Contractor has not been provided with information about the User to the extent established by this Agreement, the Public Offer and the Contractor’s Instructions posted on the Contractor’s Website.

3.1.3. The top-level domain administrator and/or the Registry operator have imposed restrictions on the transfer of the right to administer the Ordered Domain.

3.1.4. The Ordered Domain is the subject of judicial proceedings, or interim measures have been imposed on it.

3.1.5. The Contractor has received claims from third parties (including owners of trademarks and other objects of exclusive rights) with respect to the Ordered Domain and/or the Website accessible through that domain.

3.2. A Service Order shall be deemed ready for execution and shall begin to be executed (entered into processing) upon payment for the Service.

3.3. The Service shall be deemed rendered from the moment an entry is made in the Registry naming the Contractor as the administrator of the Ordered Domain. Thereafter, funds for a properly rendered Service shall not be refunded.

3.4. The Service is valid until the expiration of the registration period of the Ordered Domain. The registration period shall be determined according to the Registry data.

3.5. To renew the Service for the next period, the User or a person authorised by the User must pay for the next period of the Service no later than 10 (ten) calendar days before the end of the current domain registration period.

3.6. If payment for the next period of the Service is received less than 5 (five) working days before the end of the current domain registration period, the Contractor does not guarantee timely renewal of the domain registration, but will take all reasonable measures to effect it. All risks associated with the possible loss of the domain due to untimely payment shall be borne by the User.

3.7. Renewal of the Service shall be deemed accomplished from the moment the User or a person authorised by the User pays for the next period of the Service, provided that the Contractor’s costs for renewing the registration of the Ordered Domain are reimbursed.

3.8. Within 3 working days after receiving payment for the next period of the Service, the Contractor shall renew the domain registration with the Registrar. The cost of renewal is determined by the amount charged by the Registrar and is communicated to the User or a person authorised by the User separately. At the same time, the User or a person authorised by the User is obliged to reimburse the Contractor for the costs of renewing the domain registration.

3.9. If the User or a person authorised by the User independently renews the registration of the Ordered Domain but does not pay for the renewal of the Service for service administration, the Agreement shall be deemed terminated with respect to the relevant domain, and the Contractor shall have the right to cancel the domain registration.

3.10. The Contractor provides the Service as a service administrator and is the administrator of the Domain Name in the Registry exclusively during the term of the Service (until the expiration of the registration period of the Ordered Domain or until early termination of the Service).

3.11. From the moment the Service is terminated (including due to expiration of the term, non-payment of the next period, termination of the Agreement, at the initiative of either Party), the Contractor ceases to administer the Ordered Domain.

3.12. If payment for the next period of the Service or reimbursement of renewal costs is not made within the time specified in clause 3.5, the Contractor may choose not to renew the domain registration. Upon expiry of the registration period, the domain shall be cancelled (released) in accordance with the established procedure. The Service for service administration of such domain shall terminate upon expiry of its registration period.

3.13. If the Service is terminated but the registration of the Ordered Domain has not been cancelled or the domain has not been transferred to the User or a person indicated by him/her upon his/her application, the Contractor may cancel the domain registration.

3.14. All risks associated with the termination of the Service and/or cancellation of the domain shall be borne by the User. Termination of the Service for one domain shall not affect the provision of services for other domains.

3.15. The Contractor shall be entitled, during the entire term of the Agreement, to request from the User additional information or require confirmation of the data provided. The request shall be sent by e-mail to the contact address of the User or a person authorised by the User.

3.16. In the event the User fails to provide the requested information and/or supporting documents within 7 (seven) days from the date the Contractor sends the request, the Contractor shall be entitled to:

reject the application for registration of a new domain or for service administration of the Ordered Domain;
suspend delegation of the User’s domains;
reject the application for renewal of the domain registration;
reject a demand to transfer the domain name to another person.

3.17. The above-mentioned restrictions may be lifted after the User provides the requested information.

3.18. Upon cancellation of the domain registration, the paid funds for the Service shall not be refunded.

3.19. The cost of the Service for service administration, as well as the cost of transferring administration rights, shall be determined as follows:

for Users interacting with the Contractor directly - in accordance with the tariffs specified in the User's Personal Account on the Contractor's Website. Such tariffs shall be an integral part of this Agreement for such Users;
for Users engaged through a person authorised by the User - on the basis of the terms agreed between the Contractor and such person. In this case, the cost of the Service for such Users shall be determined and communicated to the Users by the person authorised by the User.

3.20. The Contractor shall be entitled to change the cost of the Service for Users interacting with the Contractor directly, unilaterally, by notifying such Users of the change in the cost no later than 10 (ten) calendar days before such change takes effect. Any change in the cost shall not apply to already paid periods of the Service.

For Users engaged through a person authorised by the User, any change in the cost shall be made upon agreement between the Contractor and such person. Notification of such Users of the change in the cost shall be provided by the person authorised by the User, in accordance with the procedure and within the time limits established in the agreement between the Contractor and such person.

04Status of the parties and rights to the domain

4.1. The User confirms and warrants that he/she is the sole owner of the Ordered Domain, the Website and the Content in the proprietary sense. He/she owns all rights to:

commercial use of the Domain Name;
receipt of income from the Website;
trademarks, trade names and other intellectual property objects related to the Website;
disposition of the Domain Name (sale, transfer, gift, alienation in any other way).

4.2. The Contractor confirms that it is not and does not become the owner of the Ordered Domain, the Website or the Content in the proprietary sense. The Contractor acts as a technical administrator in the provision of the Service and does not acquire any proprietary rights to the Domain Name, the Website or the Content.

4.3. The Contractor does not place, edit or approve content on the Website. All responsibility for the content of the Website rests with the User.

4.4. For the provision of the Service for service administration, the User transfers to the Contractor the right to administer the Ordered Domain, which is exclusively technical in nature, namely to be named in the Registry as the domain administrator and to perform technical actions with the domain: renewal of registration, change of NS records upon request, interaction with the Registrar, and other technical actions necessary for administration.

4.5. The transfer of the right of administration does not entail the transfer to the Contractor of ownership or other proprietary rights to the Domain Name, the Website or the Content.

4.6. The right of administration is transferred to the Contractor for the term of the Service (until the expiration of the registration period of the Ordered Domain or until early termination of the Service) and is subject to return to the User (or transfer to a person indicated by him/her) after termination of the Service in accordance with the procedure established by the Public Offer and this Agreement.

05Rights and obligations of the parties

5.1. The Contractor undertakes to:

5.1.1. Provide the Service in good faith and reasonably, with the care required of a professional technical administrator.

5.1.2. Ensure the entry and updating of its data (as domain administrator) in the Registry.

5.1.3. Upon the instruction of the User or a person authorised by the User, renew the domain registration, change NS records, and interact with the Registrar.

5.1.4. Notify the User, through a person authorised by the User or directly, of the date of expiry of the registration period, receipt of claims, requests from state authorities, and any circumstances concerning the registration and use of the domain.

5.1.5. Maintain the confidentiality of information about the User, except as provided by law.

5.1.6. Not take legally significant decisions without prior contact with the User or a person authorised by the User, except in cases where this is impossible for factual or legal reasons. In such cases, the Contractor shall act in good faith and reasonably.

5.1.7. Fulfil all obligations of the administrative contact in accordance with applicable rules and legislation.

5.2. The Contractor shall be entitled to:

5.2.1. Suspend the provision of the Service (including delegation) in the following cases:

the User fails to fulfil the obligation to post information about himself/herself as the owner of the Website;
the User fails to provide documents requested in accordance with this Agreement or the Offer;
non-payment of the Service or reimbursement of renewal costs within the established time;
receipt of an order from a state authority to restrict access to the Domain Name or the Website, or a court ruling with respect to the domain;
causing or threatening to cause losses to the Contractor, other users or third parties by the User’s actions.

5.2.2. Upon receipt of a substantiated complaint from a third party, notice from the Registrar, letter from the hosting provider, order from a state authority, court ruling, or upon detection of obvious signs of unlawful use of the domain, verify the Content posted on the Ordered Domain. The Contractor does not conduct preliminary or permanent monitoring of the Content.

5.2.3. In case of detection of Content which, in the Contractor’s reasonable opinion, is unlawful or violates the terms of this Agreement, the Public Offer, or the Rules for registration of domain names in .RU, .РФ, .SU, suspend delegation and/or restrict access to the Ordered Domain until the violation is fully remedied, notifying the User through a person authorised by the User or directly within 24 hours.

5.2.4. Terminate this Agreement unilaterally in the cases provided for in Section 9 of this Agreement.

5.2.5. Demand from the User compensation for all losses, expenses, fines, and court costs by way of recourse (clause 7.6).

5.2.6. In case of suspension of the Service on the grounds provided for in clauses 5.2.1 and 5.2.3 of this Agreement, the Contractor shall resume the Service within 3 (three) working days after the User eliminates the circumstances that served as the basis for the suspension, provided that the Contractor receives notice of the elimination and (if necessary) payment of the arrears.

5.3. The User undertakes to:

5.3.1. Provide accurate identification and contact details.

5.3.2. Post on the Website in open access information about himself/herself as the owner of the Website (full name/name, legal/postal address, e-mail address) in accordance with clause 2 of Article 10 of Federal Law No. 149-FZ. In case of failure to fulfil this obligation, the Contractor shall be entitled to suspend the provision of the Service until the violation is remedied.

5.3.3. Not use the Ordered Domain and the Website for illegal activities, including:

dissemination of prohibited information (extremism, terrorism, calls for violence, child pornography, drug propaganda, information about methods of suicide and other prohibited information);
spam, phishing, distribution of malicious software, organisation of botnets;
infringement of intellectual property rights (including trademarks, copyrights, trade names);
any other activity that violates the legislation of the Russian Federation or the rights of third parties.

5.3.4. Bear full and exclusive responsibility for:

the content of the Website and its compliance with the legislation of the Russian Federation;
infringement of intellectual property rights of third parties;
any losses caused to third parties or the state in connection with the use of the Ordered Domain and the Website.

5.3.5. Respond promptly to requests from the Contractor, through a person authorised by the User or directly, within 24 hours of receipt of the request.

5.3.6. Notify the Contractor in writing or by e-mail, through a person authorised by the User or directly, of any changes concerning the registration or management of the domain name (change of owner, registrar, receipt of claims, etc.). Upon change of owner of the domain, the Agreement shall be deemed terminated and the Service shall no longer be provided.

5.3.7. In case of receipt of a claim from a third party or an order from a state authority - remove the disputed Content or take measures to resolve the dispute within 24 hours (or within the time specified in the order) and notify the Contractor, through a person authorised by the User or directly, of the measures taken.

5.3.8. In the event a lawsuit is brought against the Contractor in connection with the Ordered Domain or the Website, join the legal proceedings on the Contractor’s side, provide all necessary documents and explanations, and reimburse all court and other costs of the Contractor (clause 7.5).

5.3.9. Reimburse the Contractor for all losses, expenses, fines and court costs by way of recourse (clause 7.5).

5.3.10. Keep his/her data and contact information up-to-date; notify the Contractor, through a person authorised by the User or directly, of any changes within 24 hours.

5.3.11. Comply with the legislation of the Russian Federation, as well as the Rules for registration and use of domain names established by the top-level domain administrator and the Registry operator.

5.3.12. In case of termination of the Service, ensure that the Contractor does not remain the administrative contact for the domain. If the Contractor remains the administrator due to the User’s inaction, the Contractor shall be entitled to demand cancellation of the domain or independently request its deletion from the Registrar.

5.3.13. If the User intends to transfer the rights to the Domain Name to a third party (change of owner), the User shall notify the Contractor no later than 10 (ten) working days before the intended date of transfer. In such case, the Agreement shall be terminated, and the Contractor shall transfer the administration rights to the new owner only after receiving an application from him/her and payment for the transfer services (in accordance with Appendix No. 1 to the Public Offer). If the change of owner occurs without notice to the Contractor, the User bears all risks associated with possible loss of the domain and is obliged to compensate the Contractor for all losses caused by such change.

5.4. The User confirms and warrants:

5.4.1. That he/she is the sole owner of the Ordered Domain in the proprietary sense and that he/she is authorised to register and use this domain name, and that the registration and intended use of the domain do not infringe the rights of third parties (including, but not limited to, trademark rights, rights to a name or copyright), as well as applicable laws and standards of morality and ethics.

5.4.2. The accuracy of the information and documents provided.

5.4.3. That he/she will comply with all terms of this Agreement and the Public Offer insofar as they relate to his/her rights and obligations.

5.4.4. That he/she independently manages the Website and the Ordered Domain, independently ensures its operability and bears full responsibility for the consequences of such management.

5.4.5. That he/she does not use for placement on the Website any software or other intellectual property objects, the rights to which have not been obtained by him/her in accordance with applicable law.

5.4.6. That in the event the Contractor receives claims from third parties (including owners of trademarks and other objects of exclusive rights) due to the provision of the Service with respect to the Ordered Domain, the User undertakes to independently settle the relevant disputes and compensate the Contractor for all losses incurred in full.

5.4.7. That the User grants unconditional consent to the cancellation of the registration of the Ordered Domain and/or termination of the User’s access to management of the Ordered Domain in the event of breach by the User of the warranties specified in this clause and in clauses 5.4.1-5.4.3 of this Agreement.

5.5. The User shall have the right to:

5.5.1. Use the Ordered Domain and the Website at his/her discretion for any lawful purposes, except for the restrictions established by this Agreement and applicable law.

5.5.2. Receive from the Contractor information about the status of the Ordered Domain.

5.5.3. Give instructions to the Contractor on changing NS records and other technical parameters of the domain in accordance with the procedure established by the Agreement.

5.5.4. Withdraw from the Service in accordance with Section 7. All risks associated with such withdrawal shall be borne by the User.

5.5.5. The User shall have the right to send the Contractor a request for transfer of the administration rights of the Ordered Domain to the User or a third party (hereinafter - the “Request”). The Request shall be sent in accordance with the procedure established on the Contractor’s Website.

5.5.6. The Contractor shall consider the Request within 10 (ten) working days from the date of its receipt and check its compliance with the requirements established by this Agreement and applicable law.

5.5.7. The Contractor shall be entitled to reject the Request in the following cases:

the Request does not meet the established requirements;
there are judicial disputes or interim measures concerning the Ordered Domain;
the Contractor has received claims from third parties (including right holders) with respect to the Ordered Domain or the Website;
the User has an outstanding debt to the Contractor for payment of services or reimbursement of domain renewal costs;
there are other grounds provided for by this Agreement or legislation.

5.5.8. In case of approval of the Request, the Contractor shall initiate the procedure for changing the administrator within 5 (five) working days from the date of the decision to approve the Request, subject to payment for the services of transfer of administration rights.

5.6. The User is prohibited from:

5.6.1. Using the Ordered Domain in a manner contrary to the mission and values of the domains established by the Registry operator, as well as violating the rules for registration and use of domain names established by the top-level domain administrator or the Registry operator.

5.6.2. Using the domain for dissemination of prohibited information (extremism, terrorism, calls for violence, child pornography), distributing, providing, or making available to the public malicious software and/or linking to it (including redirection), managing botnets or botnets, conducting phishing attacks, committing fraudulent or deceptive acts, engaging in piracy, infringing any copyright and/or intellectual property rights (including trademark or service mark rights) and/or other means of individualisation or other intellectual property, engaging in counterfeiting or otherwise committing acts that violate the law, and other illegal activities.

5.6.3. Using the domain (including mailboxes, web forms, redirects) to organise any kind of mass unsolicited mailings (spam).

5.6.4. Performing actions that may result in the domain or IP addresses being included in “black lists” (DNSBL, SURBL, Spamhaus, etc.) due to undesirable activity.

5.7. Claims:

5.7.1. If a third party lodges a claim or notifies of an intention to lodge a claim against the Contractor, and such claim is related to the User’s breach of his/her warranties and obligations under the Agreement and the Public Offer, the Contractor shall, as soon as reasonably possible, send a written notice (including by e-mail) to the User or a person authorised by the User about the claim against the domain owner.

5.7.2. The User undertakes to immediately take any actions he/she deems necessary to settle the claim against the Contractor as a technical administrator, and shall inform the Contractor, through a person authorised by the User or directly, of such actions.

5.7.3. In any case, if a violation is detected (for example, upon receipt of a claim from a third party or from state authorities), the Contractor shall be entitled, without prior notice or consultation with the User, to terminate the Agreement and cease the provision of Services.

5.7.4. If it is impossible to contact the User using the contact information provided to the Contractor, or if the User does not respond to the Contractor’s request sent through a person authorised by the User or directly within 24 hours from the date of sending the notice by the Contractor, the Contractor shall also be entitled to terminate the Agreement and cease the provision of services to the User as a service administrator for that domain.

06Identification and documents

6.1. The User undertakes to provide the Contractor with accurate identification and contact details necessary for the provision of the Service.

6.2. The User undertakes to keep his/her contact details (e-mail address, telephone, postal address) up-to-date and to immediately notify the Contractor directly or through a person authorised by the User of any changes.

6.3. The User undertakes to provide, within 10 (ten) calendar days from the date of conclusion of this Agreement or from the date of the relevant request, a package of documents confirming his/her identity and status:

for individuals - a copy of the passport or other identity document;
for legal entities - a copy of the document confirming state registration of the legal entity (certificate of registration, extract from the commercial register or other similar document), and a copy of the document confirming the authority of the signatory (the head or a representative by power of attorney).
Documents in a foreign language shall be provided with a translation into Russian. In individual cases, the Contractor shall be entitled to request documents with an apostille and/or their notarisation.
The said documents must be provided within 10 (ten) calendar days from the date of conclusion of this Agreement or from the date of the relevant request from the Contractor.

6.4. The provision of documents referred to in clause 6.3 is an essential condition of this Agreement. Failure to provide or provision of inaccurate documents gives the Contractor the right to suspend the provision of services or terminate the Agreement and this Agreement unilaterally without compensation for losses to the User.

07Liability of the parties

7.1. The User bears full and exclusive responsibility for the content of the Website, infringement of third-party rights, compliance with the legislation of the Russian Federation and all applicable norms.

7.2. The Contractor shall not be liable for the content of the Website, acts as an information intermediary in accordance with Article 1253.1 of the Civil Code of the Russian Federation and responds in a timely manner to notices of violations. The Contractor shall not be liable for losses caused by:

actions of the User or third parties acting on his/her instructions;
decisions of state authorities, courts, Registry operators, Registrars, resulting in blocking, suspension of delegation or cancellation of the domain;
technical failures, DDoS attacks, and other force majeure circumstances.

7.3. The Contractor does not guarantee:

preservation of the registration of the Ordered Domain in the event of late payment by the User or a person authorised by the User of the next period of the Service or reimbursement of renewal costs;
success of registration of a released domain if the User submits an application for such domain;
absence of blocking or restrictions on the part of the Registry, the Registrar or state authorities, if such restrictions are not related to the actions of the Contractor.

7.4. In the event of loss of the Ordered Domain (cancellation of registration, transfer of rights to a third party) due to the Contractor’s fault, the Contractor shall compensate for the damage, but in an amount not exceeding the amount of the annual fee paid by the Customer for the Service with respect to that domain.

7.5. For delay in payment for the Service or reimbursement of renewal costs by the User or a person authorised by the User, the Contractor shall be entitled to charge a penalty in the amount of 0.1% of the amount of the debt for each day of delay.

7.6. Reimbursement of losses and expenses to the Contractor:

7.6.1. The User undertakes to reimburse the Contractor for all losses, expenses and costs (including, but not limited to: amounts paid to third parties by court decision or out of court, fines of state authorities, expenses for lawyers and legal services, court costs, travel expenses, translation and notarial expenses) which the Contractor has incurred or may incur in connection with:

violation by the User of the terms of this Agreement, the Public Offer or the legislation of the Russian Federation;
presentation to the Contractor of any claims, lawsuits, demands from third parties (including right holders, state authorities, telecom operators) in connection with the Domain Name or the Website;
the need for the Contractor to participate in judicial, administrative or investigative actions in connection with such Domain Name or Website.

7.6.2. Reimbursement shall be made in full within 10 (ten) working days from the date of presentation by the Contractor of a written demand with copies of supporting documents (payment orders, invoices, contracts with lawyers, etc.) attached.

7.6.3. The User shall not be entitled to challenge the reasonableness of the Contractor’s expenses if they were incurred in good faith to protect the rights and legitimate interests of the Contractor, provided that the Contractor notified the User of the commencement of such actions and gave the User an opportunity to participate in their implementation (but no later than 5 working days before the relevant actions are taken). If the User does not take advantage of such opportunity, he/she loses the right to challenge the amount of expenses incurred by the Contractor.

7.7. The Contractor shall not be liable for non-performance or improper performance of obligations if this is caused by the Customer’s or the User’s failure to provide or delay in providing necessary documents or instructions.

7.8. The Parties shall be released from liability in the event of force majeure circumstances (natural disasters, military actions, acts of authorities, Internet failures, attacks on registrars’ infrastructure, etc.).

7.9. The Contractor shall be liable only in the presence of its fault, which must be proven by the person claiming compensation. The Contractor shall not be liable for indirect losses, lost profits, loss of data, reputational harm or other indirect consequences arising in connection with this Agreement.

08Personal data processing

8.1. The Contractor processes the User’s personal data strictly in accordance with Federal Law No. 152-FZ “On Personal Data” and does not transfer them to third parties, except in cases directly provided for by law, as well as in cases specified in this Agreement.

8.2. By concluding this Agreement, the User (being a natural person, as well as an authorised representative of a legal entity) confirms that he/she has read the terms of Appendix No. 2 “Consent to Personal Data Processing” posted on the Contractor’s Website at https://applygroup.ru/soglasie/, fully agrees with them and gives his/her voluntary, informed and revocable consent to the Contractor to process his/her personal data specified in this Agreement, upon registration on the Contractor’s website, when ordering the Service, for the purposes of providing the Services, including collection, systematisation, accumulation, storage, updating (renewal, modification), use, anonymisation, blocking, destruction of personal data, as well as to transfer them to third parties in cases provided for in clause 8 of this Agreement.

8.3. The User provides his/her unconditional consent to the Contractor’s transfer of his/her personal data and copies of documents to third parties in the following cases:

at the request of a court, arbitration, law enforcement authorities, Roskomnadzor, the .RU/.РФ/.SU domain registry operator, other authorised state authorities;
to protect the rights and legitimate interests of the Contractor in the course of legal proceedings;
upon receipt of a substantiated written claim from a third party (including a right holder) with respect to the Ordered Domain or the Website, if such transfer is necessary to settle the claim;
in other cases directly provided for by the legislation of the Russian Federation.

8.4. The User confirms that this consent is valid for the entire term of this Agreement and for 5 (five) years after its termination, and may be revoked by the User in accordance with the procedure provided for by law.

8.5. The Contractor stores the User’s personal data during the term of this Agreement and for 5 (five) years after its termination, unless other periods are established by the legislation of the Russian Federation. Upon expiry of the specified period, as well as upon revocation by the User of the consent to the processing of personal data, the Contractor undertakes to destroy the personal data in accordance with the procedure provided for by Federal Law No. 152-FZ and the Personal Data Processing Policy posted on the Contractor’s Website.

8.6. The Contractor shall notify the User, directly or through a person authorised by the User, of the fact of data transfer in accordance with clause 8.3, unless this is prohibited by law (for example, during investigative actions, notification may be postponed until the restrictions are lifted).

09Term, amendment and termination

9.1. This Agreement shall be deemed concluded from the moment the conditions specified in clause 2.4 of the Agreement are fulfilled, and shall remain in force until the termination of the provision of the Service with respect to the Ordered Domain, taking into account renewals of the Service term, including early termination.

9.2. Amendments and additions to this Agreement shall be made by publishing a new version on the Contractor’s Website. The current (latest) version of the Agreement shall apply to the rights and obligations of the Parties. The User is obliged to independently monitor changes to the Agreement on the Contractor’s Website. The changes shall enter into force on the date of publication, unless otherwise specified in the publication. The User shall be deemed to have agreed to the changes if he/she continues to use the Service. If the User disagrees, he/she must notify the Contractor in writing within 10 (ten) days from the date of publication. In such case, the Agreement shall be terminated upon the expiry of 10 (ten) days from the date of receipt of the notice, without refund of payment for the current period.

9.3. This Agreement may be terminated early:

by agreement of the Parties;
at the initiative of the User with 30 calendar days’ notice (no refund shall be made if the Service has already begun to be provided);
at the initiative of the Contractor in the event of the User’s breach of payment terms, prohibitions (clause 5.3.3), failure to fulfil the obligation to post information about himself/herself on the Website, failure to provide documents, as well as in other cases provided for by this Agreement or the Public Offer;
on the grounds provided for in Article 1024 of the Civil Code of the Russian Federation (death of an individual, liquidation of a legal entity, refusal of the Contractor, etc.).

9.4. Upon termination of this Agreement, the Contractor is obliged to transfer the administration rights of the Ordered Domain to the User or a person indicated by him/her, subject to payment for the transfer services in accordance with the procedure and at the cost determined in clause 3.19 of this Agreement. In case of non-payment, the Contractor shall be entitled to delay the transfer until payment is received.

9.5. If after termination of this Agreement the Contractor continues to be the administrator in the Registry due to the absence of an application from the User for change of administrator, the User retains the status of owner of the domain in the proprietary sense, but all risks associated with lack of payment, loss of the domain and the need to change the administrator shall be borne by the User. The Contractor shall be entitled to demand from the User the cancellation of the domain or independently request its deletion from the Registrar.

9.6. Termination of this Agreement shall not relieve the User from obligations to compensate for losses and expenses incurred prior to termination, including recourse claims.

9.7. This Agreement shall automatically terminate if the Ordered Domain is cancelled, terminated or otherwise becomes inactive for any reason.

10Procedure for handling claims

10.1. Upon receipt of a claim from a third party, the Contractor shall immediately (within 24 hours) notify the User directly or through a person authorised by the User.

10.2. The User is obliged to take actions to settle the claim and inform the Contractor of the progress and results.

10.3. In the event of the User’s inaction (no response within 24 hours from the date of notification) or failure to fulfil the obligation to remove the disputed Content, the Contractor shall be entitled to suspend the provision of the Service, delegation of the Ordered Domain, or terminate this Agreement unilaterally.

10.4. In the event of a violation (including upon receipt of a claim or request from a state authority), the Contractor shall be entitled, without prior notice or consultation with the User, to terminate this Agreement and cease the provision of Services.

10.5. If it is impossible to contact the User using the contact information provided, or if the User does not respond to the request within 24 hours, the Contractor shall also be entitled to terminate this Agreement and cease the provision of Services.

11Confidentiality

11.1. The Parties undertake to maintain the confidentiality of all information obtained from each other, including personal data, commercial information and credentials.

11.2. The Contractor shall not be entitled to disclose the fact of contractual relations with the User without his/her consent, except in cases provided for by law.

12Dispute resolution

12.1. A claim procedure for dispute resolution is mandatory. The time limit for responding to a claim is 30 calendar days from the date of receipt.

12.2. If no agreement is reached, the dispute shall be submitted to the Arbitration Court of the City of Moscow (if the User is a legal entity or individual entrepreneur) or to the Khoroshevsky District Court of the City of Moscow (if the User is an individual). The Parties agree to the jurisdiction established by this clause.

13Final provisions

13.1. This Agreement is executed in Russian and English. In case of any discrepancy, the Russian version shall prevail.

13.2. The User confirms that he/she has read the terms of the Public Offer, its Appendices, the Contractor’s Personal Data Processing Policy, and fully agrees with them. If the User has been attracted through a partner, he/she is familiar with the terms of interaction through such partner.

13.3. All notices and communications under this Agreement shall be sent by e-mail to the addresses specified by the Parties. The Parties acknowledge the legal validity of notices sent by e-mail.

13.4. This Agreement on Limitation of Liability shall be governed by and construed in accordance with the laws of the Russian Federation.

13.5. The Parties acknowledge the legal validity of this Agreement on Limitation of Liability, additional agreements, acts, invoices, notices and other documents signed:

with handwritten signatures and transmitted by e‑mail or through the Personal Account in the form of electronic images (including scanned or photographed copies);
using electronic document management systems (including DocuSign, Kontur.Diadoc and others), as well as using simple, non‑qualified or qualified electronic signatures.
Such documents shall be deemed equivalent to paper documents signed with handwritten signatures, pending the exchange of originals. The date of conclusion of this Agreement on Limitation of Liability shall be the date of receipt of the last signed electronic version of the document, unless another method of conclusion is provided for by this Agreement on Limitation of Liability.

13.6. If one or more provisions of this Agreement are held invalid, such invalidity shall not affect the validity of the remaining provisions.

14Contractor details

Apply Group LLC
INN / KPP: 7723744893 / 772801001
OGRN: 1107746024209
Legal and postal address: 117198, Moscow, Samory Mashela str., 4-2-59
Phone: 8 (495) 971-51-15, email: support@applygroup.ru
Website: https://www.applygroup.ru
Bank: Sberbank PJSC, account 40702810238000185202, BIC 044525225, correspondent account 30101810400000000225
General Director: A. V. Vasin