Please read carefully terms and conditions ('the Agreement') upon
which SKI.RU, registared on 127474, Moscow, Dmitrovskoe Schose 60, further
stated as 'Company' will provide you ('the Member') with access to this
website https://accomodation.ski.ru ('the Website') and it's services ('the Services').
1. COMMENCEMENT
1.1 This Agreement becomes valid when SKI.RU receives and accepts a
completed Membership Application Form ('Application') and the annual payment
from the Member.
1.2 SKI.RU reserves the right to reject any Application for any or no
reason.
2. DURATION
2.1 This Agreement shall continue for an initial period of one (1)
year from the date when membership payment reached account of SKI.RU or
another company, stated by SKI.RU as payment receiver ('Acceptor')
3. CHARGES AND PAYMENT
3.1 All fees for the membership shall be payable in advance and are
stated in accordance with the SKI.RU price list ('the Price List').
3.2 SKI.RU may without prior notice to the Member vary the Price List
or the fees payable by the Member for the Services provided under the
Agreement such variation to be effective on the anniversary of the payment
date in any year.
3.3 SKI.RU may immediately withhold or terminate the services if
payment is not made in respect of any invoice within twenty-one (21) days of
receipt by the Member.
3.2 No refund will be given if the Member decides to terminate the
Agreement.
3.3 SKI.RU will be entitled to recover from the Member its
expenses in connection with any default in payment including legal expenses
and costs of collection.
4. THE SERVICES
4.1 SKI.RU will provide the following Services;
4.1.1 listing of the Member's property details in a form to be
decided by SKI.RU;
4.1.2 URL link to the Member's website home page;
4.1.3 insertion of up to 6 photographs against each property
listing;
4.1.4 unlimited amendments to the Member's property listings
5. WARRANTIES AND UNDERTAKINGS
5.1 The Member shall indemnify and hold harmless SKI.RU in
relation to all claims, charges, demands, liabilities, losses, costs,
interest and expenses arising out of any breach by the Member of the
Agreement.
5.2 The Member agrees to indemnify and hold SKI.RU and it's
representatives harmless from any claims, actions, or other proceedings
brought against them arising from inclusion of information and material
supplied by the Member. If any third party brings a claim against
SKI.RU and/or the Member for their use of any libellous, defamatory or
otherwise injurious material provided by the Member the Member agrees to pay
all costs, damages and expenses awarded against or incurred by SKI.RU.
5.3 The Member acknowledges that it is technically not possible to
ensure that the Services offered or provided will be uninterrupted or free
from errors. SKI.RU may arrange or agree to temporary suspension or
taking off-line the Website from time to time for maintenance work, repair
or improvement.
5.4 With respect to all information and material supplied to
SKI.RU the Member warrants that it is the sole beneficial owner, free
of licence royalty restriction or other adverse interest, and does not
otherwise infringe the intellectual property rights of SKI.RU or any
third party including (but not limited to) use of trade marks and good will
in any mark, database rights, data protection requirements, copyright and
design rights.
5.5 Any information obtained through or from SKI.RU's Services or
the Website are to be used at the Member's own risk.
5.6 SKI.RU disclaims all warranties of any kind as far as is
permitted under applicable law including (but not limited to) the exclusion
of warranties of title, satisfactory quality, fitness for a particular
purpose and non-infringement of proprietary or third party rights.
5.7 Other than warranties expressly stated within the Agreement,
SKI.RU makes no express or implied warranties relating to the Website
or the Services or any other deliverables or activities arising out of or
connected to this Agreement.
6. LIMITATION OF LIABILITY
6.1 Neither party excludes or limits liability to the other in respect
of death or personal injury.
6.2 SKI.RU shall not be liable to the Member for indirect or
consequential damages, including without limitation loss of revenue, loss of
profits, loss of good will and loss of or damage to the other's records or
data.
6.3 SKI.RU is not a party to any associated contract arising from
Members offering goods and services to other Members or any other party and
accepts no liability for any losses suffered as between those parties.
7. INTELLECTUAL PROPERTY
7.1 All intellectual property rights in information and material
provided by the Member and which was not created in any way by SKI.RU shall
vest in the Member absolutely.
7.2 Except as elsewhere provided in this Agreement, or where otherwise
held by any other party, all intellectual property rights in the Website and
Services including (but not limited to) its design, layout and functionality
relating to the Website and Services shall vest in SKI.RU.
8. PRIVACY AND CONFIDENTIALITY
8.1 Each party shall treat as confidential all information obtained
from the other and shall not divulge such information to any person (except
to such party's own employees and then only those who need to know the same)
without the other party's written consent. This clause shall not apply to
SKI.RU where any disclosure of information is necessary to comply with
applicable laws and government requests, to operate and maintain its systems
and services, or to protect itself and its Members.
8.2 The Member consents to the use and processing of personal data
supplied by the Member.
9. TERMINATION
9.1 This Agreement shall cease to apply if either SKI.RU or the
Member gives to the other party not less than thirty (30) days' prior notice
in writing effective on the expiry of the Initial Term or on the anniversary
of the Commencement Date in any subsequent year.
9.2 SKI.RU may give written notice to the Member terminating this
Agreement with immediate effect:-
9.2.1 if the Member is in material breach of this Agreement and (in
the case of a breach capable of remedy) shall have failed to remedy such
breach within 14 days of the receipt of a request in writing from Member
requiring such a breach to be remedied;
9.2.2 if SKI.RU determines in its sole discretion that the
Member has been engaged in conduct that is unlawful, distasteful, or
otherwise unacceptable;
9.2.3 if the Member furnishes false data on the Application
9.2.4 if payment of any invoice issued by SKI.RUb is not made by
the Member within 21 days of issue;
9.2.5 if the Member (or where the Member is a partnership, any
partner thereof) offers to make any arrangements with or for the benefit of
its or his creditors or a petition is presented or an order is made for the
Member to become bankrupt or in the case of a partnership a winding up or
administration order is made in respect of that partnership; or
9.2.6 if the Member (being a limited company) has an administrative
receiver or a receiver and manager appointed of the whole or any part of its
undertaking, property or assets or a petition is presented or an order is
made or a resolution is passed or analogous proceedings are taken for the
winding up of the Member or for the appointment of an administrator thereof.
9.3 Upon termination, all rights and obligations under this Agreement
will automatically terminate with the exception of:-
9.3.1 such rights of action as shall have accrued prior to the
termination date (including, without limitation, any and all claims for any
breach of any term or undertaking contained in this Agreement);
9.3.2 all obligations under this Agreement which are expressed to
survive its termination and continue thereafter together with such clauses
survival of which is implied or is necessary for the interpretation or
enforcement of this Agreement.
10. TERMINATION
10.1 All notices must be sent either in writing or by e-mail. All
notices to the Member shall he delivered to its mailing or e-mail address as
provided on the Application. The parties may by notice to each other change
their address for service of notices and such new address shall therefrom be
substituted for that previously applicable. All notices delivered in writing
must be sent either by overnight courier or certified mail. Evidence of
successful transmission of all notices delivered by e-mail must be retained
by the delivering party.
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