APENDIX No. 1 TO THE Contract for the Advertising Services

1. TERMS AND DEFINITIONS

1.1. The following terms and definitions for the purposes of the Contract will have the following meanings:
“Services”, or “Advertising Services” - services for placing real estate advertisements using the Service, their promotion, highlighting, design, services that contribute to better visibility of the advertisement and increase the number of users who can see such an announcement, services for placing banners and text-graphic blocks, as well as any other services, the order of which is provided by the interface of the Service or information about the offer of which is posted on the website of the Service.
“Order” - the need for the Contractor’s services, formed by the Customer using the Service’s interface in electronic form or orally by telephone, containing the requirements for the services such as the deadlines for their fulfillment, the Contractor’s remuneration, the procedure for its payment and other essential conditions for the provision of services. An order can be executed in several ways, in particular, either by filling out an electronic form on the Service’s website in the Customer’s Personal Account, or by performing actions on the Service’s interface that reflect the Customer’s need for the service (choosing a service, changing its parameters using the wizard, confirming the service from the proposed list, etc.), or by confirmation in the Service interface of the service, the conditions for which are determined by the Contractor in accordance with the expressed needs of the Customer.
"Request” - a request formed by a user of the Service in relation to a specific real estate of interest to him, an advertisement for the sale/rent of which is posted on the Service by the Customer, or a request regarding an undefined number of real estate to finding a property according to user-specified parameters. The request is made by filling out an electronic form on the Service website.
“Real Estate" or "Property" - real estate object located outside the territory of the Russian Federation (abroad), which is the subject of announcements placed using the Service.
“Advertising Rules” - the requirements for real estate sales announcements established by the Contractor, including their content, appearance (format, size and other parameters), as well as other requirements for Customer actions related to the services provided by the Contractor. Advertising rules are published on the Service website at: https://www.homesoverseas.ru/pravila.
“Rates” - the cost of the Contractor’s advertising services which is posted on the Website of the Service at: https://www.homesoverseas.ru/price and approved by the Contractor, an integral appendix of this Agreement.
“Registration” - a procedure during which the Customer and/or its employees provide reliable information about themselves in the form approved by the Contractor, and also creates a login and password. Registration is considered completed only if the Customer and/or his employee successfully completed all of its stages, including activation, by clicking on the unique link sent to the email address provided by the Customer and/or his employee. If the Contract is not the first agreement between the Contractor and the Customer, then re-registration of the Customer in the Service is not required and the Contract is associated with the existing Personal Account of the Customer.
“Personal Account” - a set of records in the Contractor’s database that identifies the Customer and/or his employee with the credentials specified during registration and allows to manage the parameters of the Service and the services available using the Service. During the initial registration of the Customer in the Service, two Personal Accounts are created - for the Customer itself as a legal entity and for its employee. After the initial registration, the Customer may create Personal Accounts for his other employees. The Personal Account of each employee is linked to the Personal Account of the Customer.
“Login and Password” - a set of characters used to identify the Customer and/or his employee when they access the Personal Account.
“Registration data” - data voluntarily provided or uploaded by the Customer and/or his employee during the registration process and with the further use of the Service. The data is stored in the database of the Contractor and is subject to use exclusively in accordance with this Contract and applicable Russian and international legislation.
“Authorization” - a procedure in which the Customer and/or his employee enters their username and password in the fields provided on the form on the Service’s website in order to identify itself and determine the rights of access to the Personal Account and the Service’s functionality. Instead of a username and password, the Customer and/or his employee can use authorization through a third-party web service (for example, social networks).
"Messenger" - an information system and/or computer program (mobile application, web service, web application, etc.) that is designed and used to receive, transmit, deliver and/or process electronic messages from network users Internet (e.g. Skype, WhatsApp, Viber, Telegram, etc.).
1.2. All other terms and definitions in the text of this Contract are interpreted by the Parties in accordance with the legislation of the Russian Federation, the current recommendations (RFC) of international standardization bodies on the Internet and the usual rules for the interpretation of relevant terms in the Internet.
1.3. The terms and definitions used in this Contract can be used both in singular and in plural, depending on the context, the spelling of the terms can be used both in capital and in lower case letter.

2. GUARANTEES AND LIMITATIONS

2.1. The Customer guarantees that the conclusion of this Contract does not require approval by the Customer’s governing bodies or compliance with the special procedure for transactions in accordance with the the constituent documents of the Customer, since Contract is not a transaction for the Customer that goes beyond the ordinary business.
2.2. The Contractor guarantees that it has the necessary legal capacity to carry out its activities, conclude and execute this Contract, it has the license necessary for carrying out its core business which is not expired, or the core business of the Contractor is not subject to licensing.
2.3. The Contractor guarantees that the person who has signed and concluded the Contract on behalf of the Contractor has all the authority to do so. The conclusion of the Contract does not require approval by the Contractor’s governing bodies, other approval or compliance with a special procedure for transactions in accordance with the requirements of the legislation of the Russian Federation and the constituent documents of the Contractor, since this Contract is not a agreement beyond its ordinary business.
2.4. All information and documents provided by the Parties to each other in connection with the conclusion of this Contract are reliable. The Parties did not conceal the circumstances that, if detected, would adversely affect the decision of each of the Parties regarding the conclusion of this Contract.
2.5. The conclusion of this Contract does not violate any rights and obligations of the Parties to third parties.

3. CONFIDENTIALITY

3.1. The Parties undertake to maintain the confidentiality of all information transmitted to each other both through secure and unprotected communication channels, regardless of the presence or absence of markings indicating the status of confidentiality of the transmitted information, except when such disclosure occurred for reasons beyond the control of the Parties, as well as except as provided by applicable law.
3.2. If necessary, the Parties may provide each other with access to their information systems and local information and telecommunication networks subject to confidentiality of the information contained in them.
3.3. The disclosure of confidential information within the framework of the Contract means the action or inaction of one of the Parties, as a result of which confidential information becomes known to third parties in the absence of the consent of its owner. In this case, the form of disclosure of confidential information to third parties (oral, written, using technical means, etc.) does not matter.
3.4. It is not a violation of confidentiality to provide confidential information at the legal request of law enforcement and other authorized state bodies and officials in cases and in the manner prescribed by applicable law.
3.5. In case that confidential information is disclosed to authorities and/or persons means above, the Party that disclosed it shall notify in writing the owner of the confidential information about the fact of its provision, their contents and the authority to which they were provided, no later than 2 (two) business days from the date of disclosure.
3.6. Obligations regarding confidentiality has unlimited term of validity.
3.7. In case that a Party discloses confidential information received from the other Party, the guilty Party that committed such a violation shall indemnify for all losses caused by this, including lost profits, within 5 (five) business days after receiving the corresponding written request from the affected Party.

4. NOTIFICATIONS AND MESSAGES, EXCHANGE OF DOCUMENTS

4.1. All documents, notifications and communications under the Contract, including those related to its amendment or termination, must be sent either in writing in the form of a paper document or in electronic form in ways that establish the Party from which the notification emanates. In particular, by sending an electronic message to the appropriate email address, by sending an electronic message through a messenger or by the interaction of the Parties through the Personal Account.
4.2. Any document, notification or written communication in paper form sent by one of the Parties to the other Party shall have legal force only if it is sent to the address specified in the Contract. A document, notice or message can be delivered in person or sent by registered mail and will be deemed received
- upon delivery in person - on the date of delivery;
- when sending by registered letter - on the date specified in the receipt confirming the delivery of the corresponding mail by the communication organization.
4.3. Any document, notice or message iin the form of an electronic document or electronic message sent by one of the Parties to the other Party shall have legal force only if it is either sent to the email address of receiving Party from the email address of sending Party, which are specified in the Contract, or sent to another Party using the messenger or Personal Account.
4.4. For the purposes of the Contract, a document, notice or message in electronic form sent by one Party from its email address to the email address of the other Party or via messengers or via Personal Account is considered to be signed by a simple electronic signature.
4.5. Any document, notice or message in electronic form is considered to be signed by a simple electronic signature of the Party if, inter alia, one of the following conditions is met:
- a simple electronic signature in the form of an indication of the sender's email address, his identifier in the messenger or Personal Account is contained in the electronic document, notification or message;
- the key of a simple electronic signature in the form of the username and password of the sender from the information system of the operator of email services, instant messenger or Personal Account is used in accordance with the rules established by the operator of such services and the sent electronic document, notification or message contains information indicating the person from whose name an electronic document, notification or message was sent.
4.6. Any document, notification or message in electronic form, signed with a simple electronic signature of the Party sending it, is recognized as an electronic document equivalent to a paper document signed by the handwritten signature of the Party concerned.
4.7. Each of the Parties undertakes to maintain the confidentiality of the simple email key in the form of a username and password from the information system of the operator of email services, instant messenger or Personal Account. In the event of unauthorized access to the specified login and password, their loss or disclosure to third parties, the Party is obliged to immediately inform the other Party about this and take measures to restore access and / or change the login and password.