Public offer of LLC "Business Element" on the provision of services to individuals aimed at ensuring information and technological interaction when making Payment through the Robokassa System (version 4.0)

4.2. Transfer of the Application to the Company is carried out through the System by means of information exchange between the Company, the Device and the User, taking into account the features set out in section 5 of the Offer.

4.3. The company accepts the Application for execution provided that the user access Certificate specified in the Application corresponds to The user access Certificate stored in the Company's database.

4.4. The company, upon receipt of the Application from the User, through the System:

4.4.1. sends to the Issuer a request for Authorization, as well as an Order;

4.4.2. provided that the Issuer of Authorization shall forward the Request for Payment to the Recipient/ Settlement Bank. At the same time, processing of The request for acceptance of Payment is carried out by the Recipient/ Settlement Bank in the following terms:

4.4.2.1. Recipient-upon receipt of the Request for acceptance of Payment (unless otherwise established by the Recipient);

4.4.2.2. Settlement bank:

• at receipt of The request for Payment acceptance till 16: 00 Moscow time on working days according to the legislation of the Russian Federation – in day of its receipt in Settlement Bank;
• at receipt of Request for Payment acceptance after 16:00 Moscow time on working days, and also on days off and holidays according to the legislation of the Russian Federation – in the first working day following the day of receipt of Request for Payment acceptance in Settlement Bank.

4.4.3. upon receipt of confirmation from the Payee/ Settlement Bank about the possibility to accept Payment, the Company forms and sends through the system to the Issuer a Confirmation of Payment acceptance. Unless otherwise provided By the agreement on the use of the means of Payment, Confirmation of acceptance of Payment is the basis:

4.4.3.1. for the Issuer in implementation of Payment (acceptance and execution of the Order), including write-off of the amount of the Commission for rendering Services, in the amount established by Rates. The procedure for debiting funds from The payment instrument is established by The agreement on the use of the Payment instrument and is not the subject of the Agreement concluded between the Company and the User on the terms of the Offer;

4.4.3.2. Settlement Bank for the settlement Payment. Payment settlements are made by the Settlement Bank by transferring the amount of Payment received from the Issuer to the Bank account of the Recipient in the manner and on the terms established by the relevant agreement concluded between the Company and the Settlement Bank. At the same time, the Payment is considered accepted and becomes final and irrevocable from the moment the company sends a Confirmation of Payment acceptance. Payment is completed at the time of the Settlement Bank for the Payments.  

4.5. As a confirmation of the receipt by the Recipient/ Settlement Bank of the Payment and the provision of Services by the Company (acceptance and execution of the Application by the Company), the Company forms and issues a Receipt to the User through the website of the System. The user is obliged to keep the issued Receipt up to the moment of receipt from the Recipient of the message on receipt of the Payment amount on the details specified in the Order. If, due to a technical failure, the Receipt has not been formed and issued to the User, the User has the right to contact the customer support service by phone, specified in section 9 of the Offer, to obtain a document confirming the provision of the Service (acceptance and execution of the Application by the Company).

4.6. If the user's access Certificate specified in the Application does not comply with The user's access Certificate stored in the Company's database, upon receipt of the Issuer's refusal to grant Authorization, or upon receipt of a refusal to accept Payment from the Recipient/ Settlement Bank, the Service is considered to be unproven, Payment is not made, the service fee established by the Tariffs Is not paid by the user of the Company. The Company notifies the User about the failure to provide the Service by placing the relevant information on the Authorization page or in The personal account (if available). In this case, the User has the right to apply for information:

4.6.1. about the reasons of refusal in providing Authorization-directly to the Issuer;

4.6.2. on the reasons for the Recipient's refusal to accept the Transfer – directly to the Recipient.

4.7.If there are any technical malfunctions of the System and / or failures in the operation of external data networks used by the Company, on the Authorization page until the User performs the actions specified in paragraph 4.1 Offers, the corresponding warning is displayed. If, despite the specified warning, the User performs the actions specified in paragraph 4.1 Offer, the User agrees that the provision of services by the Company may be delayed and/or the Company will be refused to provide Services. If the Company provides services with a delay, the Company is not responsible for the timing of receipt of the Application to the Company.

5. Features of the transaction return Transfer

5.1. Refund to the User of funds on the return Operation is carried out by the Company with the involvement of the Settlement Bank, in the manner specified in the Application, subject to the following requirements:

• receipt by the company of the relevant application of the Recipient on the implementation of the return Operation;
• the Company has the technical ability to send an electronic document to the Issuer through The System containing a request for the Issuer's ability to make a refund on the return Transaction to the User in the manner specified in the Application;
the
• receive from the Issuer of the Electronic document containing the confirmation of the possibility to carry out the refund according to the refund Transaction to the User in a way specified in the Statement.

In the absence of technical possibility of the Company to transfer to the Issuer by means of system of Electronic document that contains the query about the possibility of the Issuer to make the User with a refund of the refund Transaction in the manner specified in the Application, the revert Operation is performed on the basis of the User application addressed to the Company in the prescribed manner.

5.2. At the same time, the Recipient/ Issuer shall independently determine the procedure and methods of refund to the User for the refund Operation. Clarification of disputes about the reason for the non-return of funds on the return Operation in the manner specified in paragraph 5.1. The offer is made between the User and the Recipient/ User and the Issuer making a refund on the return Transaction, without the participation of the Company and the Settlement Bank.

6. Features of information exchange of Electronic documents

6.1. Information exchange between the Parties is carried out automatically during the Open session.

6.2. The time and date of the information exchange of Electronic documents, including the time and date of sending, receiving and processing of Electronic documents, are noted by the Company in the journals of Electronic documents.

6.3. In Information exchange, the Parties sign Electronic documents with an access Certificate. Electronic documents signed by the Certificate of access of the Parties have the legal force of documents drawn up on paper, and give rise to similar rights and obligations, can serve as evidence in court. All copies of Electronic documents signed by the Certificate of access are original and can be made (printed) on paper. The term of storage of Electronic documents-5 (five) years from the date of termination of the Contract.

6.4. The parties undertake to monitor the data of Electronic documents received as part of the Information exchange and to inform each other in a timely manner about the detected errors.

6.5. Records in the archive Of electronic documents of the Company are confirmation:  

• formation and transfer of Electronic documents directly By the signatory of such Electronic document by the Certificate of access;
< li>by signing Electronic documents with the certificate of access Of the party submitting such Electronic document.

6.6. Information exchange between the Parties shall be terminated in case of termination of the Agreement and / or blocking the User's access to the System at the end of the Open session, including by closing the web browser on the User's side.

7. Rights and obligations of the Parties

7.1. the Company must: 

7.1.1. Provide round-the-clock operation of the system and the System Website in order to properly provide Services and fulfill other obligations under the Contract.

7.1.2. Provide services to the User in real time in the manner and on the terms established by the Agreement.  

7.1.3. Refuse to provide services to the User, including not to accept the Application, in the absence of technical capability, as well as in the cases provided in paragraph 4.6 Offers.

7.1.4. To involve the Settlement Bank on the basis of the concluded agreement for Settlements on Payment.

7.1.5. Ensure the confidentiality of information that has become known to the Company in the performance of obligations under the Contract.

7.1.6. To use a User-specified Statement number of the mobile phone and/ or email address and/ or details of Personal account to transfer the User messages that contain information about the Payee Settlement Bank Payment, and other information, including the Company and clearing Bank services.

7.1.7. Notify the User about changes in the Offer and / or Tariffs in accordance with clause 7.2.4 Offers.

7.1.8. Place on the website of The system an Offer and Tariffs, to which the User must have access directly to the moment of the actions specified in paragraph 4.1 Offers.

7.2. the the company reserves the right: 

7.2.1. At its sole discretion, to change the list of Settlement banks involved in payment Settlements.

7.2.2. Unilaterally set and change (increase, decrease) restrictions on Payment through the System, including the amount of Payment, determine and change the list of Payment means and Recipients available for Payment through the System; list (format) of Electronic documents, both with prior notice to the User and without it.

7.2.3. To refuse the implementation of the refund Transaction and in the receipt of any claims of the User on implemented Payment upon the occurrence of finality and irrevocability of Payment in accordance with paragraph 4.4.3.2 of the Offer.

7.2.4. Make changes and additions to the Offer and/or Tariffs. Notification of the User about the change of the Offer and/ or Tariffs is carried out by the Company by posting the text of the changes/new version of the Offer and / or Tariffs on the website of the System. Any changes in the Offer and / or Tariffs become mandatory for the Parties from the date of their placement by the Company on the System Website.

7.2.5. Provide third parties with the right to perform obligations under the Agreement on the basis of concluded agreements with them, remaining responsible to the User for their actions (inaction) and for the performance of their obligations under the Agreement.

7.2.6. Suspend the use of the System in order to make Payments in favor of individual Recipients using certain means of Payment, in the event of uncontrolled risks for settlement Participants and the Company, as well as in other cases stipulated by the legislation of the Russian Federation and the Agreement.

7.2.7. Suspend the performance of obligations under the Agreement if there are reasonable assumptions about the possible facts of fraud or other illegal activities of the User, including those related to the risks of making an Invalid payment, until the clarification/settlement of the dispute. Such suspension is aimed at protecting the rights and interests of settlement participants and the Company, is not a violation of the Agreement and cannot serve as a basis for the application of property sanctions and other negative consequences for the Company and settlement Participants.

7.3. User must: & nbsp;

7.3.1. Timely and fully read and comply with The Terms of service.

7.3.2. Pay the company a Commission for services rendered in the amount, manner and on the terms established by the Tariffs.

7.3.3. To assume the risks associated with the Commission of Payment, subsequently recognized as Invalid payment. In case of Invalidation of the Payment, the User independently, without the participation of the Company, shall settle the disagreements with the Recipient and/or the Issuer.

7.3.4. Independently control the adequacy of funds (e-money) on the means of Payment in the transfer of Orders (including in the amount sufficient to pay the fees provided by the Tariffs).

7.3.5. Be responsible for the correctness of the specified Payment Parameters in the Application and Order.

7.3.6. Independently track changes made by the Company in the Offer and / or Tariffs according to paragraph 7.2.4 Offers.

7.4. User has the right to:

7.4.1. To conclude a Contract with the Company in the manner prescribed in clause 2.3 of the Offer, confirming by this action that the User is not limited in capacity, is not under guardianship, guardianship, as well as patronage, for health reasons can independently exercise and protect their rights and perform duties, does not suffer from diseases that prevent to realize the essence of the Contract and the circumstances of its conclusion.

7.4.2. Perform any actions stipulated by the Agreement and not prohibited by the legislation of the Russian Federation.

8. Responsibility of the Parties

8.1. For non-performance or improper performance of obligations under the Agreement, the Parties shall be liable in accordance with the legislation of the Russian Federation.

8.2. The user bears personal responsibility:

8.2.1. for reliability of the specified parameters of Payment, including for reliability of information on the Recipient for whom payment Is performed, and other details depending on what information is subject to providing by the User (from the type of the used Payment instrument, type of the Recipient, etc.). When specifying false information, the Company shall not be liable for non-Payment or failure to provide or improper provision of the Service, including for non-performance or improper performance by the User of its obligations to the Recipient in whose favor the Payment is made, as well as for any losses incurred by the User in connection with the failure or improper;

8.2.2. for providing information about the details of the means of Payment (if any) to third parties, for access by third parties to use the mobile phone number specified by the User in the Application.

8.3. The user shall bear the risks of any losses or other negative consequences arising from the performance of actions on the conclusion of the Contract and the implementation of Payment using the means of Payment through the System, or due to the fact that the User has not read and/or untimely acquainted with the Terms of service, established by the Offer and/or Tariffs, and/or changes and additions made to the Offer and/or Tariffs. The company is not responsible for any losses incurred by the User due to the fact that the User has not read and/or untimely read the Terms of service.  

8.4. The company is responsible for the safety of Bank secrecy about the Payments. Data on Payments are provided by the Company in the order established by the legislation of the Russian Federation.

8.5. The company is not responsible for non-performance and/or improper performance of obligations under the Contract, if such non-performance is caused:

8.5.1. decisions of legislative and/or Executive authorities of the Russian Federation that make it impossible for the Company to fulfill its obligations under the Contract;

8.5.2. reasons beyond the control of the Company (including the Company is not responsible for the actions of third parties, including the User, the Issuer, the Settlement Bank, the Recipient, and other participants in the calculations);

8.5.3. occurrence of force majeure;

8.5.4. in other cases stipulated by the legislation of the Russian Federation.

8.6. The company is not responsible:

8.6.1. for direct or indirect damage caused to the User as a result of using the System's Website;  

8.6.2. for interruptions in the operation of the System and / or the System Website, making a Payment, including for non-execution or refusal to execute the order by the Issuer, in case of software failures, communication or equipment failures not owned by the Company;

8.6.3. if it is not the fault of the Company to access the use of the User's Device will receive third parties in this connection through the System will be compiled and transmitted Electronic documents, which will subsequently lead to material damage to the User;

8.6.4. for complete or partial interruptions in the operation of the System and / or the System Website related to the replacement of equipment, software or other works caused by the need to maintain the functionality and upgrade the System software;

8.6.5. for delay in Payment, if such delay is caused by non-performance or improper performance by the Issuer And / or the Settlement Bank of its obligations to make Payments to the User and / or the Company;

8.6.6.  on disputes and disagreements arising between the user and the Issuer, the User and the Recipient in all cases where such disputes and disagreements do not relate to the subject matter of the Contract.

8.7. The user agrees that the Company is not responsible for accidents, power outages and other failures related to power supply systems and/or communication lines or networks that are provided, supplied or maintained by third parties and due to the failure of Which information exchange becomes impossible.

8.8. The parties shall be released from liability for failure to perform or improper performance of obligations under the Agreement if such failure was a consequence of force majeure arising after the conclusion of the Agreement as a result of extraordinary events that the Party(s) could not have foreseen or prevented by reasonable measures(force majeure). Such emergency circumstances include natural disasters, accidents, floods, earthquakes, epidemics, fires, riots, strikes, revolutions, military actions, the entry into force of legislation, government regulations, and orders of public authorities, directly or indirectly prohibiting specified in the Contract activities, the circumstances connected with the refusal/failure of the operation of the system of calculations of Bank of Russia, as well as any other circumstances beyond the reasonable control of the Parties that prevent the fulfillment of obligations.

9. Dispute resolution procedure

9.1. In case of disputes under the Agreement, the Parties will take all measures to resolve them on a mutually acceptable basis through negotiations.

9.2. Unless otherwise provided by the Offer, the Company accepts the user's claims in writing on the details specified in section 12 of the Offer, not later than 30 (thirty) calendar days from the date of occurrence of the circumstances in respect of which the claim is made.

9.3. The user's claim must contain the following information:

• date and time of occurrence of the circumstances in respect of which the claim is made;
• conditions of occurrence of such circumstances;
• content of User requirements;
the
• the User credentials for sending a reasoned answer for the alleged claim;
• mobile phone number/e-mail address specified in the Application.

9.4. The company shall consider the user's claim within 10 (ten) working days from the date of its receipt by the Company, and then in writing sends a reasoned response to the user's details specified in the claim.

9.5. If the parties fail to reach agreement, disputes, disagreements or claims arising out of or in connection with the Agreement shall be considered by the judicial authorities in accordance with the legislation of the Russian Federation.

9.6. In case of disagreements and disputes between the Parties, including in case of appeal to the court and presentation of evidence:

9.6.1. confirmation of the preparation and sending of electronic documents by the Parties to each other through the System (making Information exchange), as well as the reception and execution of the Electronic document by the Company is an extract from the archive of Electronic documents printed by the Company on paper on the relevant dates;

9.6.2. confirmation Of certificates of access of the Parties for the corresponding date is the statement from the register of Certificates of access printed out by the Company on paper for the corresponding dates.

10. The term of the Contract

10.1. The contract is concluded from the date of acceptance of the Offer by the User in accordance with paragraph 2.3 Offers and is valid until the company fulfills its obligations to provide The services provided in the Contract.

10.2. Termination of the Agreement shall not terminate the obligations of the Parties arising prior to the termination of the Agreement.

10.3. The offer is valid until its official withdrawal by the Company. The offer may be withdrawn by the Company at any time. The company notifies the User about the withdrawal of the Offer by posting information about the withdrawal of the Offer on the System Website in the manner and within the period specified in clause 7.2.4 Offers.

11. Other conditions

11.1. In all that is not directly provided by the Offer, the Parties are guided by the legislation of the Russian Federation, regulatory documents of the Bank of Russia and business practices.

11.2. The company provides the User with information support 7 (seven) days a week from 9-00 to 21-00 Moscow time by phone, specified in section 12 of the Offer, as well as through The website of the System (section "Support").

11.3. When the User applies to provide information about the payment made through The System, as well as in other cases, the Company carries out additional identification of the User according to the following data:

• mobile phone number and / or e-mail address specified in the Application; & nbsp;
• Payment and/or Receipt number;
• login to Your personal account (if available); 
• other data at the Company's discretion. 

11.4. By entering into the Agreement on the terms of the Offer, the User, acting by his / her will and in his / her interest, gives his / her consent to the processing by the Company, as well as by the partners of the Company and the Settlement Bank, of his / her personal data, namely, to perform the following actions: collection, systematization, accumulation, storage, clarification (update, change), use, distribution (including transfer), depersonalization, blocking and destruction of any information related to the User's personal data for the purpose of concluding the Agreement with the Company, execution of the concluded Agreement, as well as in order to meet the requirements of the legislation in terms of combating the legalization (laundering) of proceeds from crime and the financing of terrorism. These actions can be performed using automation. The user also gives his consent to the transfer by the Company, in order to carry out the actions provided for in this paragraph of the Offer, his personal data to third parties in the presence of duly concluded agreements between the Company and such third parties.

11.5. The company undertakes to fully comply with the requirements of the Federal law of the Russian Federation of July 27, 2006 №152-FZ "on personal data" (subject to amendments and additions), as well as regulatory documents issued in its execution when processing the User's personal data.

12. Name, address and Bank details of the Company

Application

Application
to the Public offer of LLC Business Element about rendering to physical persons of the services directed to br> ensuring information and technological interaction through the system ROBOKASSA

History of changes and additions to the Offer