User Agreement

Terms and Definitions

JSC RSMB Corporation shall mean a joint-stock company Russian Small and Medium Business Corporation, which owns the Portal.

Portal shall mean SME Business Navigator Portal – an information resource (system) owned by JSC RSMB Corporation, located in an online environment at https://smbn.ru/, http://смбн.рф/ and designed for use by Users in accordance with these Terms of Use.

User shall mean an individual registered on the Portal and using the Portal and/or any Service, including as an individual entrepreneur, a representative of an individual entrepreneur or as a representative of a legal entity.

Service shall mean an information resource (system), including certain individual components (functions) of the information resource (system), access to which is provided by means of identification and authentication of the Portal, and which the User is entitled to use in accordance with the Terms of Service.

Terms of Service shall mean the terms and conditions for the use of a separate Service both as part of the Portal and on a separate Internet resource.

References to the Terms of Service provided by JSC RSMB Corporation are published by JSC RSMB Corporation in an online environment at https://smbn.ru/help/services.htm.

Terms of Service provided by a person with whom JSC RSMB Corporation has concluded the contract are published on the information resource (system) of this person.

User’s Personal Account shall mean the personal page of a User on the Portal or the Service where personal data and other information of the User entered by the User at registration and further when using the Portal (Service) are posted and stored in accordance with the Terms of Use.

Law shall mean the current legislation of the Russian Federation, unless otherwise expressly stipulated in the Terms of Use.

User Role shall mean a set of permits established by JSC RSMB Corporation for certain categories of Users when using the Portal and/or the Service. The User Role determines what information the User sees and what actions the Use can take on the Portal and/or the Service.

Demo Access shall mean a simplified system for registering a User on the Portal, according to which the User is entitled to use the Portal and Services within seven (7) days from the day of activation of the Demo Access in accordance with the terms of the Terms of Use.

Terms of Use shall mean these Terms of Use.

1. General Provisions

1.       JSC RSMB Corporation shall provide a User with an opportunity to use the Portal and Services free of charge on the terms and conditions set forth in these Terms of Use and in the respective Terms of Service dedicated to each Service. These Terms of Use shall enter into force upon the User expresses his consent to the terms and conditions thereof as provided for in para. 1.4. of the Terms of Use.

1.2.    JSC RSMB Corporation shall provide the User with access to the Service. Terms and conditions of use of the Service are posted on the Portal. All Services currently available, as well as the development thereof and/or inclusion of new Services, shall be the subject of these Terms of Use.

1.3.    The use of the Portal as well as of Services shall be governed by these Terms of Use posted in an online environment at https://smbn.ru/help/agreement.htm, by the Privacy Policy posted in an online environment at https://smbn.ru/help/confidential.htm (hereinafter referred – the “Policy”), and by the Terms of the Service. The Terms of Use, the Policy, as well as the Terms of the Service or the term of validity thereof may be changed by JSC RSMB Corporation without any special notice in the event of change in the terms and conditions of use of the Portal or the Service, amendments to the Law, conclusion, amendment or termination of contracts with counterparties, as well as in cases provided for in the internal documents of JSC RSMB Corporation. The new version of the Terms of Use, the Policy and/or the Terms of the Service shall come into force upon publication in an online environment, unless otherwise specified in the new version of the Terms of Use, the Policy and/or Terms of the Service.

1.4.    Having completed the registration procedure on the Portal (having received Demo Access) and/or starting to use any Service/individual functions of the Service, the User shall be deemed to have accepted the terms and conditions of the Terms of Use, the Policy and the Terms of the Services in full, without any reservations or exceptions. Should the User disagree with any of the provisions of the Terms of Use, the Policy or the Terms of the Service, the User shall not have the right to use the Portal of the JSC RSMB Corporation or the respective Service.

1.5.    In the event if JSC RSMB Corporation amends the Terms of Use, the Policy or the Terms of the Service as provided for in para. 1.3. hereof, and the User does not agree with such amendments, the User shall be obliged to abandon the use of the Portal and of Services.

1.6.    The Portal may contain links to other services that can be used by Users on the terms and conditions established by the copyright holder of such services (systems).

1.7.    JSC RSMB Corporation ensures the use of the Portal and Services every day from 00.00 to 24.00 Moscow time, except for cases of maintenance of the Portal or Services and impossibility of using the Portal or Services for any reason beyond the control of JSC RSMB Corporation.

1.8.    Users can apply for technical support on issues related to working with the Portal around the clock by phone 8 (800) 100-11-00 or through orders drawn up in the Personal Account of the Portal or using the feedback form posted on the main page of the Portal.

When using separate Services, maintenance of the Service and/or technical support of Users of such Services may be performed by persons providing such Services or by other persons with whom a maintenance contract has been concluded. Such information shall be indicated directly in the Service in the “Contacts” section and/or elsewhere, so that the User can see the contacts of a person in charge for maintenance of the Service and/or technical support of Users.

2. Terms and Conditions of Registration of a User and Collection of Information through the User’s Personal Account

2.1.    When registering on the Portal and further when working with the Portal (Services) a User shall be obliged to enter authentic information on himself and on the persons/entities he represents. Information entered by the User will be displayed in the User’s Personal Account in the Portal or in the personal account of the Service.

Having entered information on a legal entity or an individual entrepreneur (if information on the individual entrepreneur is entered by an individual other than this individual entrepreneur) for the purposes of registration on the Portal and further when working with the Portal (Services), the User confirms that he has the right to act on behalf of such legal entity or individual entrepreneur on the basis of documents confirming his power and authority issued under the procedure provided for by the Law.

The User confirms that he uses access to the Portal and Portal Services for the purposes of activity of the legal entity or individual entrepreneur he represents.

If the User acts on his own behalf, by entering personal information he confirms that he uses access to the Portal (Services) for personal purposes.

2.2.    The User shall be responsible for accuracy and compliance of the content of his personal information or information on a legal entity or individual entrepreneur he represents with the requirements of the Law, including liability to JSC RSMB Corporation and to third parties to the extent that the User’s entry of information or the content of information entered violates the rights and legitimate interests of third parties, including personal non-property authors’ rights, other intellectual rights of third parties, and (or) aggresses the intangible benefits owned by them.

2.3.    The User agrees that JSC RSMB Corporation shall not be obliged to review information (materials) posted by the User through the functions of the User’s Personal Account on the Portal or on any Service, when the publication of information (materials) is allowed by the Service, and with the fact that JSC RSMB Corporation shall have the right (but not the obligation) to deny to post information (materials) or to delete information (materials) that is accessible through the User’s Personal Account or through the use of the Service if such information (materials) is incomplete or unreliable or violates the Law.

The User acknowledges and agrees that he shall independently assess the risks associated with the use of information obtained using the Portal or a Service, including assessment of reliability, legality, reliability, completeness or relevance of such information.

2.4.    The User acknowledges and agrees that standard operating procedures of the Portal may require copying (reproduction) of the User’s information or processing, manipulating, transferring the same to third parties and/or storing by JSC RSMB Corporation.

2.5.    When registering, the User undertakes to provide reliable and complete information on the issues contained in the registration form and to ensure that such information is up to date. Should the User provide inaccurate information or should JSC RSMB Corporation reasonably assume that information provided by the User is incomplete, unreliable or violates the Law, then JSC RSMB Corporation shall have the right to request from the User the documents confirming information entered by him, and should the User fail to provide the same within the deadlines set by JSC RSMB Corporation, to delete such information and/or to bar the User from using the Portal and/or Services, including by blocking or deleting the User account.

2.6.    JSC RSMB Corporation shall have the right to demand from the User to confirm the data (information) provided at registration or subsequently entered through the User’s Personal Account and to request the documents confirming such data (information), including the documents confirming the power and authority, on the basis of which the User acts on behalf of a legal entity or an individual entrepreneur, by setting a deadline for the provision of the documents requested. Failure to provide the documents confirming the data (information) entered by the User in the Personal Account or the documents confirming his power and authority to act, or provision of documents that do not allow for unambiguous confirmation of the data (information) or the User’s power and authority, shall form the grounds for JSC RSMB Corporation to delete (block) the User account.

2.7.    If the User posts any information (materials), JSC RSMB Corporation shall have the right to request from the User the documents confirming that the User has the authority to post such information (materials) on the Portal (Services) and that the User does not violate the Advertising Law.

2.8.    JSC RSMB Corporation shall have the right to conduct surveys for the User on the Portal and/or Services.

3. Access to the Portal and Services. Demo Access.

User Account

3.1. To get access to the Portal and Services, a User needs to undergo the registration procedure or get Demo Access in accordance with these Terms of Use and the Policy.

3.2. When using Demo Access, a User is granted limited access to the use of the Portal and Services in accordance with the User Role established for the User. A User shall have the right to change the access level before expiration of the Demo Access period by entering information in the Personal Account. Repeated Demo Access or repeated registration per standard procedure using e-mail address specified at the time of getting Demo Access are not allowed. Upon expiration of Demo Access, provided that the User has not specified personal information in the Personal Account that is required to replace the User Role, the User account shall be deleted as provided for in para 3.15. hereof.

3.3. Upon completion of the registration procedure in compliance with these Terms of Use and the Policy, a User will be granted access to the User’s Personal Account, the Portal and Services (if any). At registration on the Portal, a User shall be assigned a User Role that allows for using the Portal and/or the Service to the extent established under such User Role. JSC RSMB Corporation shall have the right to change User Roles for certain categories of Users.

3.4. User’s personal data received at registration and further when using the Portal are processed by JSC RSMB Corporation in compliance with Federal Law of 27 July 2006 No.152-FZ On Personal Data, the requirements established in the regulatory documents of the Federal Service for Technical and Export Control of Russia and the Policy.

3.5. After registration under the procedure established by the Terms of Use, a User shall have the right to activate access and start using the Portal and Services to the extent and on the terms and conditions set forth in these Terms of Use, the Policy and the Terms of the Service.

The User shall activate access by no later than thirty (30) days from the date of registration on the Portal. During the said period JSC RSMB Corporation shall have the right to send reminders on the need to activate the User account to the User’s e-mail address.

3.6. If a User fails to activate access within the period specified in para. 3.5 of these Terms of Use, JSC RSMB Corporation shall have the right to delete the User account without any additional notice upon expiry of thirty (30) days from the date of registration of the User on the Portal as provided for in para. 3.13. hereof.

3.7. JSC RSMB Corporation shall have the right to block and prohibit the use of certain logins in cases where a login is misleading as to belonging of the account to the User, violates the generally accepted moral and ethical standards, belongs to foul language, and to establish requirements for login and password (length, permissible symbols, etc.).

3.8. The User agrees that when using Services available to click through the links on the Portal, JSC RSMB Corporation can transmit to the information systems, through which the Service operates, anonymized data about the User (User ID and User Role), as well as publicly available information on legal entities and individual entrepreneurs (taxpayer identification number, state registration number of a legal entity or individual entrepreneur in Russia), specified by the User at registration.

3.9. The User shall be responsible for the security (robustness against guessing and hacking) of the password chosen and shall ensure the confidentiality of his password. The User shall be liable for all actions (and the consequences thereof) as part of or when using the Portal under the User account. The User is not allowed to transfer the login data to his account to any third parties. All actions as part of or when using the Portal under the User account shall be deemed committed by the User himself, except for cases when the User notifies JSC RSMB Corporation of unauthorized access to the Portal using his account and (or) of violation (suspicion of violation) of the confidentiality of his password as provided for in para. 3.10. hereof.

3.10. The User shall be obliged to immediately notify JSC RSMB Corporation of any case of unauthorized (not authorized by the User) access to the Portal (Personal account) and Services using his account and/or violation (suspicion of violation) of the confidentiality of his password.

The User shall be obliged to log out from his account safely (the “Logout” button) at the end of each session of work with the Portal (Personal Account) and the Service.

JSC RSMB Corporation shall not be liable for possible loss or corruption of data and for other consequences that may arise due to violation of the provisions of this paragraph by the User.

3.11. The User shall not have the right to provide any services with respect to third parties related to the use of the Portal and/or the Service, in particular, the User shall not reproduce, repeat, copy, disseminate in any way any information or documents obtained through the functions of the Portal and/or the Service, or provide access thereto.

3.12. The User shall have the right to delete his account with access to the Portal, having notified JSC RSMB Corporation through application drawn up in the section of the Personal Account of the Portal. A User shall no longer have the right to use the Portal and/or Services once the user account has been deleted.

3.13. Upon receipt of application under para. 3.12. User account shall be deleted as follows:

3.13.1. User account is blocked for a period of one month, during which all information and other user data posted with the use thereof are not deleted, but access thereto for the User is not possible.

3.13.2. If within the period referred to in subparagraph 3.13.1. hereof the User account is restored upon the User’s request, access to information will be restored to the extent existing at the time of blocking (except for information violating the terms and conditions of these Terms of Use).

3.13.3. If within the period referred to in subparagraph 3.13.1. hereof the User account is not restored, all information posted with the use thereof will be deleted, and the login will be available for use by other Users. From this point forward, it will be impossible to restore the account, any information related thereto or access to the Portal using this account.

3.14. The procedure established in subparagraphs 3.13.1-3.13.3 hereof (except for availability of login for use by other Users) shall also apply to cases of prohibiting access to certain functions of the Portal using the User account.

3.15. The User Account created when getting Demo Access under para. 3.2. hereof shall be deleted upon expiry of the term for which Demo Access is granted, without any notice to the User.

3.16. To enter the User’s personal account, the User shall pass authorization only with the use of login/password pair provided or through the federal state information system – Unified Identification and Authentication System in Infrastructure Ensuring Information Technology Interaction of Information Systems Used for Rendering State and Municipal Services in Electronic Form (hereinafter – the “USIA”).

3.17. When the User attempts to authorize in the Portal and/or Services with an incorrect password or login more than three (3) times running, JSC RSMB Corporation shall have the right to prohibit the User from accessing the Portal and/or Services, including accessing the User’s Personal Account.

3.18. It is not allowed to use the Portal and Services in ways not provided for in these Terms of Use, the Policy and the Terms of the Service. In case of using methods of downloading and/or publishing information on the Portal and/or the Service not provided for by the Portal and/or the Service, and in case of detecting actions of the User affecting the efficiency of the Portal and the Service, JSC RSMB Corporation shall have the right to prohibit the User from accessing the Portal and/or the Service.

3.19. When the User posts information in his Personal Account, JSC RSMB Corporation shall ensure the storage of such information in the User’s Personal Account until the User or JSC RSMB Corporation decides to remove the same from the Portal, subject to the conditions established herein.

3.20 JSC RSMB Corporation shall ensure managerial and engineering arrangements to protect information and personal data of the User posted in the Portal and stored in the User’s Personal Account from unauthorized or accidental access, destruction, modification, blocking, copying, disseminating, as well as from other illegal actions third parties under the Law.

4. General Terms and Conditions of Use of the Portal and Services as part of the Portal; Responsibility for Violations Committed in the Use of the Portal and Services

4.1. The Portal and/or the Service contain intellectual property items, the rights to which are owned by the respective copyright holders or other persons lawfully using intellectual property items, as well as information provided by its owners.

4.2. Intellectual property items and information contained in the Portal or Services shall be used by Users within the limits established by sections 4 to 5 of these Terms of Use, Part 4 of the Civil Code of the Russian Federation and Federal Law of 27 July 2006 No. 149-FZ  On Information, Information Technologies and on Protection of Information.

4.3. JSC RSMB Corporation shall have the right to restrict the access of a User to the Portal (or to certain Services) using his account or completely block the User account if the User violates the terms and conditions of these Terms of Use, the Terms of the Service or the Policy.

4.4. Information posted in the Portal and/or the Service, including spatial data, is intended for commercial use by the User as part of activities aimed at setting up a new one or running or developing the existing small or medium-sized business, except for cases expressly provided for by the Law or established by individual copyright holders under section 4 hereof.

4.4.1. Copying of information obtained by a User through the Portal (Services) is allowed only for the purposes related to setting up (developing, managing) a small or medium-sized business from the list specified in Appendix 1, as part of the core business line of an individual entrepreneur or a legal entity, and for personal use (backup).

4.4.2. Copying of information for the purposes other than those provided for in para. 4.4.1. of these Terms of Use,  reproduction, processing, distribution thereof, posting in an online environment (publishing  in the public domain), use in the mass media and (or) for commercial purposes without the prior written consent of the copyright holder shall be prohibited.

4.5. When using information, it is required to place a link to the Portal as a source of information and to the copyright holder.

4.6. A User shall be liable for violation of the limits established hereby as regards the use of information and intellectual property items contained in the Portal and/or the Services as provided for by the Law.

4.7. When using the Portal and/or the Service, the User shall not have the right:

4.7.1. To pretend to be another individual, a representative of a legal entity/individual entrepreneur without sufficient rights, to use other forms and methods of illegal representation of other persons in an online environment and, in addition, to mislead JSC RSMB Corporation as regards the properties and characteristics of any subjects or objects.

4.7.2. To upload or otherwise post and (or) disseminate information in the absence of rights to commit such actions under the Law or any contractual relationships, and to upload or otherwise post and (or) disseminate information that violates intellectual property rights and/or the Law.

3.7.4. To infringe third party rights

4.7.4. To upload or otherwise post and (or) disseminate any materials containing malicious or other computer codes, files or programs designed to disrupt, destroy or limit the functionality of computer hardware or telecommunication equipment, or software for unauthorized access.

4.7.5. To disrupt normal functioning of the Portal and Services.

4.7.6. To post links to the resources in an online environment, the content of which contravenes the Law.

4.7.7. To facilitate activities aimed at breaching limitations and restrictions imposed by these Terms of Use.

4.7.8. To violate the Law and the statutes of international law otherwise.

4.8. JSC RSMB Corporation shall have the right to establish restrictions on the use of functions and (or) information for all Users or for certain categories of Users, including the availability (absence) of certain functions and information, the maximum number of access to functions for a specified period, the maximum information storage period, special parameters of uploaded information, etc.

JSC RSMB Corporation may prohibit the automatic access to the Portal and/or the Service and to case receiving, processing or transmitting information generated automatically, if a User violates the Law, these Terms of Use, the Terms of the Service or the Policy.

4.9. At registration the User, in compliance with Article 18 of the Federal Law of 13 March 2006 No. 38-FZ On Advertising, agrees to receive information and advertising messages from JSC RSMB Corporation via e-mail, by technical means of the Portal and through SMS.

5. Information on the Copyright Holders and the Terms of Use of Information

5.1. When using information posted on the Portal or obtained using the Portal and/or Services, the User shall be obliged to comply with the information application instructions established by the copyright holder of such information.

5.2. The portal may contain links to other websites in an online environment (websites of third parties). Third parties and their content (information, data, etc.) are not verified by JSC RSMB Corporation for compliance with any requirements (reliability, completeness, legality, etc.), except for cases expressly indicated on the Portal. JSC RSMB Corporation shall neither be liable for information and materials posted on websites of third parties to which a User gets access using the Portal, in particular, for opinions or statements expressed on websites of third parties, advertising, provision of services thereon, etc., nor for availability of such websites and content and the consequences of the use thereof by the User.

5.3. A link to a website, product, service, information of a commercial or non-commercial nature posted on the Portal shall represent neither endorsement nor recommendation of these products, services, activities on the part of JSC RSMB Corporation.

6. Exclusive Right to the Subject of Services and to Content

6.1. All the intellectual deliverables available using the Portal (Services), including design elements, text, pictures, illustrations, video, computer programs, databases, music, sounds and other items (hereinafter – content) are owned by persons who are copyright holders thereof or have the right to lawfully use the same.

6.2. It is allowed to use content on the Portal or the Service only as part of the Portal and/or the Service. Content placed on the Portal and/or the Service cannot be used by the User separately from the Portal or the Service without the prior consent of the copyright holder. The use shall mean, including, but not limited to: reproducing, copying, processing, disseminating, displaying in a frame, etc., except for cases expressly provided for by the Law or the Terms of the Service.

7. No Warranties; Limitation of Liability

7.1. JSC RSMB Corporation gives no warranties as to reliability, accuracy, completeness and expediency of information posted on the Portal and the Service. The User shall independently assess the risks associated with the use (unavailability) of functions, information, data, etc., of the Portal and the Service, including assessment of relevance, reliability, completeness, sufficiency, usefulness thereof, etc.

7.2. The User shall be liable both for the use of information, including databases and other Services, access to which the User gets using the Portal and the Service, and for the consequences of such use, and liability to third parties for his actions committed when using the Portal and the Service, in particular for compliance of his actions with the requirements of the Laws and for observing the rights and legitimate interests of third parties. The User shall be obliged to independently and at his own expense settle all claims and (or) lawsuits of third parties related to the User’s actions committed both when using the Portal and the Service and materials and/or data obtained using the Portal or the Service.

7.3. JSC RSMB Corporation shall not be liable and shall not be obliged to compensate for losses, including direct or indirect damage caused to the User or third parties as a result of using or unavailability of functions, information and services available or obtained through the Portal and the Service.

7.4. Any issues and claims related to the use (unavailability) of the Portal and the Service, as well as to potential violation of the Law and/or the rights of third parties caused by the use of the Portal and the Service, shall be sent to JSC RSMB Corporation as provided for in para. 1.8. hereof, or to: 4 Slavyanskaya Ploshchad, Bld. 1, Moscow, 109074.

7.5. JSC RSMB Corporation shall neither be liable for the poor Internet connection of the User, nor for the improper operation of the Internet provider with which the User has concluded a service contract.

8. Miscellaneous

8.1. These Terms of Use shall be governed by, and construed in accordance with, the Law. Any issues not directly provided for in these Terms of Use shall be resolved under the Law. All possible disputes arising out of the relations governed by these Terms of Use shall be considered in court at the location of JSC RSMB Corporation under the procedure established by the Law.

8.2. In view of the fact that all services under these Terms of Use are rendered free of charge, and further because services are intended for carrying out business activities, the rules provided for by the Consumer Protection Law shall not apply to the relations between the User and JSC RSMB Corporation.

8.3. Should one or more provisions of these Terms of Use be held to be void or unenforceable, this shall not affect the validity or applicability of the remaining provisions thereof.

8.4. Inaction on the part of JSC RSMB Corporation in case of violation by the User of the provisions of these Terms of Use shall not deprive JSC RSMB Corporation of the rights to protect its rights and interests later, nor shall it mean the waiver of JSC RSMB Corporation of its rights, should similar violations be committed in future.

8.5. These Terms of Use are made in the Russian language.

8.6. For viewing information and using the Portal and the Service, the User may use the Internet browsers like Google Chrome, Yandex.Browser, Apple Safari, Mozilla FireFox and Internet Explorer. JSC RSMB Corporation gives no warranties as to the full operational capability of the Portal or the Service when using other Internet browsers, unless otherwise expressly provided for by the Terms of the Service.