§ 1 Scope of the Agreement
1. The following terms and conditions apply to all agreements concluded between ALFA, hereinafter referred to as the Contractor, and the Customer for all orders relating to consultations, translation and preparation of documents, planning and organization, and other services, unless otherwise agreed in writing.
2. In addition to these Terms and Conditions, the Personal Data Processing Policy governing the collection and use of personal data by the Contractor, as well as the Payment Terms governing the processing of the Customer’s payments, shall apply.
3. Other conflicting or additional terms and conditions for the provision of services shall not be part of the Agreement, even if the Contractor has been informed of them, except in cases where their effect has been agreed upon in writing.
§ 2 Subject of the Agreement
1. The subject of the Agreement is the provision of services for a fee based on the principles of conscientious performance of professional duties by both the Contractor and its qualified employees within the agreed period. The selection of employees, as well as their replacement, are the exclusive right of the Contractor. The Contractor reserves the right to hire freelancers or subcontractors at its own discretion.
2. The offer on this website is intended exclusively for commercial customers and resellers.
§ 3 Scope of services provided
1. The assignment of tasks, the procedure for their implementation, and the method of providing services are regulated by written agreements between the parties to the agreement.
2. The Contractor provides services only on the basis of a written application from the Customer or a concluded Agreement, which determines the scope and nature of the services provided. Additions, changes, or expansions to the agreed scope of work or changes in the nature of the working documentation are possible only on the basis of a separate written agreement.
§ 4 Procedure for concluding the Agreement
1. The Agreement comes into force at the time of written or electronic confirmation of acceptance of the Customer’s application by the Contractor, but no later than the start of work based on the Customer’s application.
2. The Contractor adheres to the terms of its offer in relation to the Agreement for the provision of services for 30 calendar days, unless otherwise specified in the offer.
§ 5 Obligations of the Contractor
1. The Contractor undertakes to comply with the provisions of laws and regulations on the protection of personal data, including not disclosing production secrets, commercial secrets or confidential information of the Customer.
2 The Contractor undertakes to obtain a non-disclosure agreement from its employees regarding the above information.
§ 6 Obligations of the Customer
1. The Customer undertakes to assist the Contractor in its work. In particular, the Customer is obliged to create all necessary conditions in its operational sphere for the proper execution of the order by the Contractor.
These conditions include, among other things, that the Customer:
Will provide the Contractor’s employees with sufficient necessary premises, including all necessary equipment and means of communication;
Will name a contact person authorized to give the necessary explanations within the framework of the services provided, who will be at the disposal of the Contractor’s employees during the agreed working hours;
Will ensure unimpeded access to the Contractor’s employees to the information and documents necessary for the provision of services.
2. The Customer guarantees that the Contractor will use reports, organizational charts, drawings, sketches, lists, programs, calculations, reports and other documents received in accordance with the contract for its own purposes.
3. The results of the Contractor’s work, to which its copyright extends, remain with the Contractor if they do not contain important business and commercial secrets of the Customer.
§ 7 Joint Obligations
1. Both parties to the contract agree not to disclose information about the content or result of the services provided to third parties without mutual consent.
3. The parties may exchange information by e-mail. The transmission of an unencrypted e-mail message is associated with the risk that this message will be intercepted by an unauthorized third party and that its content will be disclosed. Each party has the right to encrypt e-mail messages or request encryption or other solutions for secure data exchange. Being aware of the inevitable risks associated with unencrypted e-mail correspondence, the Customer declares its consent that the Contractor may also exchange unencrypted e-mail, including attached documents, with the Customer or with a third party involved in the provision of services.
2. Both parties to the contract undertake to be loyal to each other. In particular, to refrain from hiring or otherwise engaging current or former employees involved in the execution of the order for 12 months after the termination of cooperation.
§ 8 Liability and indemnification
1. The Contractor’s liability for all claims of the Customer is limited be the cost of the order.
2. The Contractor shall not be liable in the event of negligent performance of duties, unless otherwise provided by the contract, or if damage was caused to life and health or as a result of a breach of statutory warranties.
3. The Contractor shall not be liable for indirect damages: lost profits, lost savings or other losses.
4. The Contractor’s liability for loss of data is limited to the typical costs of restoring data that would be required in the case of regular backups.
5. If the deadlines for the execution of the order were violated due to force majeure or other similar events, such as, for example, a strike, lockout, or bureaucratic tyranny, which significantly hampered the provision of services or made their implementation impossible, then the deadlines for the provision of services shall be extended by a corresponding period. This also applies to the failure of the Customer to fulfill obligations.
§ 9 Default
If the Customer is unable or unwilling to make use of the services in a timely manner or refuses to provide the necessary assistance to the Contractor in accordance with § 6, paragraph 1, the Contractor may demand the agreed remuneration for the services not rendered without an obligation to provide these services in the future.
§ 10 Term and Termination of the Agreement
1. The Agreement shall terminate upon expiry of the agreed period. In addition, the Agreement may be unilaterally terminated by the Customer eight weeks after written notification of the Contractor of the termination of the Agreement, if the Customer’s operational circumstances so require.
2. The Customer is obliged to make full payment for all services of the Contractor provided until the end of the Agreement. The Contractor shall not receive remuneration for services not rendered as a result of the early termination of the Agreement in the amount of expenses saved by the Contractor or in the amount of income received by the Contractor as a result of other use of the released resources or their malicious non-use.
3. If the Contractor fails to meet the previously agreed deadline for the provision of services, the client has the right to terminate the contract after providing a reasonable justification in writing regarding the deadline requirements. If the Contractor is not liable for the delay, claims for damages are excluded.
§ 11 Terms and conditions of payment
1. Unless otherwise specified upon confirmation of the order, payment is made within 14 days after the invoice is issued in cash or by bank transfer to the Contractor’s specified bank account; the transfer is made at the expense of the Customer. A delay in payment occurs without further notice 10 days after the established payment deadline. Until the Contractor has received payment in full, the Customer has no right to make claims due to defects in performance.
2. The amount of the Contractor’s remuneration is determined on the basis of the Contractor’s current price list, unless otherwise agreed separately.
3. In the event of the Customer’s failure to pay for the ordered services within the deadline, the Contractor has the right, without further notice, to impose a penalty in the amount of 8% of the Central Bank of the Russian Federation’s key rate on the unpaid amount for each day of delay, starting from the moment the payment deadline expires. The Contractor has the right to demand compensation for the amount of actual damages if it exceeds the amount of the accrued penalties.
4. The Contractor’s remuneration includes the value added tax established by law.
5. The Customer may not refuse to fulfill obligations under the contract, citing the fulfillment of the terms of another contract with the Contractor.
6. Mutual settlement of counterclaims is possible only in the event of a court decision or mutual consent.
7. Invoices are sent electronically by e-mail. Sending an invoice by mail is paid by the recipient in the amount of 1.59 euros per invoice.
§ 12 Limitation Period
In accordance with the Civil Code of the Russian Federation, the limitation period for all claims made by the Customer in connection with the inadequate quality of services rendered under the Agreement shall not exceed twelve months after the expiration of the agreement. After this period, the Customer has the right to destroy the documents received from the customer.
§ 13 Final Provisions
1. The services rendered shall be governed exclusively by the law of the Russian Federation.
2. If any provisions of the Terms of Service are invalid, the remaining provisions shall not be affected. The Parties undertake to replace invalid provisions with economically equivalent ones that most closely match the meaning and significance of the replaced provisions.
3. All changes and additions are valid only if they are made in writing and signed by authorized persons of both Parties.
4. If the Customer is a legal entity, or a public or state organization, then in this case the place of resolution of all legal disputes arising from this agreement is the location of the Contractor.
The same applies to those cases where the Customer does not have permanent registration in Russia or his place of registration or permanent residence at the time of filing the claim is unknown.