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Annex-1.1..
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PULIC AGREEMENT |
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| The conditions stated below are the provisions of the Public Agreement on
rendering of services via “Edram” Internet-Payment System (IPS), concluded
between “Edram” IPS Operator (hereinafter called as System Operator) and
physical persons and legal entities, willing to use the services rendered at
these conditions (hereinafter called as Client). The System Operator undertakes
to render the services in accordance with the order established by this
Agreement to any Client, who agrees with this Agreement and realizes all
activities stipulated by the given Agreement and asserting his intention to
conclude the given Agreement.
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1. General terms of Agreement
1.1. “Edram” Internet-Payment System (hereinafter called as “Edram”
IPS) – online payment tool used in Internet for performance of online
operations.
1.2. “Edram” Internet-Payment System (hereinafter called as “Edram” IPS) – the
complex of equipment and programs belonging to the System Operator by rights of
property or lease, by means of which the System Operator executes the process
of rendering services to the Client. Holding “Edram” ID and having applicable
Prepayment, the Client can assign the System Operator to purchase goods or
services on behalf of the Client. The payments are realized by the System
Operator by means of the Client’s Prepayment and in his name.
1.3 System Operator – “Idram” LLC, information on which can be found at
www.idram.am. The website provides detailed information on “Edram” IPS and
rules of use of the system.
1.4. “Edram” ID – unique nine-digit number, generated by “Edram” IPS for each
Client and serving as a number of the Client’s private virtual page, where the
“Edram” units are collected (refilled).
1.5. Client – physical person, which concluded Public Agreement with the System
Operator, created and provided Password for “Edram” IPS, received a unique
accounting number of “Edram” IPS (hereinafter – “Edram” ID) and Code.
1.6. Seller – legal entity, which realizes legitimate activity and receives
payments from “Edram” IPS Clients on the grounds of Agreement, signed with the
System Operator.
1.7. Rules of use of “Edram” IPS – Rules, described in the present Agreement
and at “Edram” IPS website.
1.8. Refilled sum (Prepayment) – cash assets, payment, specified by the given
Agreement, which is passed to the System Operator by the Client and by means of
which the System Operator refills the Client’s “Edram” ID with “Edram” units,
equivalent to the transferred sum. The further payment for purchased goods or
services is realized by means of these units by the Client or on his behalf.
1.9. “Edram” units – means of electronic payment in “Edram” IPS. 1 (one)
“Edram” unit is equivalent to 1 (one) Armenian Dram.
1.10. Password – combination of letters and numbers, which is applied in
“Edram” IPS as a tool of the Client’s identification and allows to enter
“Edram” IPS and use information contained in “Edram” IPS.
1.11. Code – unique combination of numbers and letters, generated by “Edram”
IPS for each Client and considered in “Edram” IPS as a digital signature of the
Client. The Code allows the Client to modify the Password and private data,
realize payments and other financial operations.
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2. The subject of the Agreement
2.1. In the frames of the present Agreement the System Operator
undertakes to purchase goods and/or services by the Client’s order at price,
quantity and quality, mentioned in the electronic order, presented by the
Client for each specific case. The goods and/or services are purchased by the
System Operator from Sellers on the grounds of Agreements signed with them and
paid on behalf of the Client. The Client undertakes to accept services, duly
provided by the System Operator.
2.2. The total cost of property and/or goods, listed in orders, presented in
accordance with the procedure, stipulated by the given Agreement, doesn’t have
to exceed Refilled sum on the Client’s “Edram” ID.
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3. Conclusion of the Agreement
3.1. The precondition for the Agreement conclusion is the Client’s
registration in “Edram” IPS and issue of “Edram” ID and Code in accordance with
order, stated by “Edram” LLC rules of procedure.
3.2. Registration in “Edram” IPS requires the following information to be
provided to the System Operator by the Client:
For physical persons
• The Client’s name, surname, passport series, number, date and place of issue,
residence address, phone numbers, e-mail address.
For legal entities
• The Client’s full name, business legal type, trading address, position of
legally eligible person, his name, surname. The System Operator is authorised
to require written document, sealed and signed by the eligible person, to
verify confidence of presented data.
For private entrepreneurs
• Name, surname, Individual Taxpayer Number, residence and activity addresses,
phone numbers.
3.3. By signing the given Agreement the Client confirms, that he has read the
rules of use of “Edram” IPS and these rules are fully acceptable and
understandable, that using “Edram” IPS and rendering of services, defined by
the given Agreement, issue from his interests and interests of persons
represented by him, and by no means violates the rights and interests of him or
persons represented by him, neither can damage the above mentioned persons.
3.4. The given Agreement can be concluded both in written form, signed by the
parties, and in electronic form, confirmed by the Code.
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4. The rights and obligations of the System Operator
4.1. Â ðàìêàõ äàííîãî äîãîâîðà Îïåðàòîð Ñèñòåìû îáÿçàí:
4.1. In the frames of the present Agreement the System Operator is obliged to:
4.1.1. Provide the Client with the unimpeded possibility to use “Edram” IPS.
4.1.2. In case if Prepayment is made by means of bank transfer and information,
mentioned in transfer check doesn’t correspond to the data, held by the System
Operator, to transfer the sum back to the requisites, mentioned in transfer
bill.
4.1.3. Take measures to secure privacy of information, transferred through
“Edram” IPS, protect it from unauthorized intrusion of third parties, its usage
or disclosure.
4.1.4. Within 3 (three) days since the moment of submission of electronic claim
for “Edram” units withdrawal, to provide the Client, on the basis of that
claim, with AMD sum equivalent to number of withdrawn “Edram” units, holding 1%
service fee. The electronic claim should include passport data of physical
person or requisites of legal entity and “Edram” ID.
4.1.5. In case if Client losses Password, “Edram” ID and/or Code and intends to
get new Code and/or Password and restore “Edram” ID, he should visit the System
Operator’s office having his passport or send the notarized copy of his
passport and a claim, containing passport data and information, submitted
during registration in “Edram” IPS. New password and/or Code issue as well as
“Edram” ID restoring is possible only if passport data and information,
mentioned in the claim, are identic to information, submitted by the Client
during the registration to “EDram” IPS and “Edram” ID can be restored only if
the system allows to find it.
4.1.6. Sign Agreements with Sellers in the name of the Client and by his means
in order to purchase goods and/or services.
4.1.7. Make payments on behalf of the Client and from his “Edram” ID, according
to Agreements with Sellers, mentioned in point 4.1.6 of the present Agreement.
4.1.8. Render the Client other services, defined by the given Agreement and
described at the webpage of “Edram” IPS.
4.1.9. In case of receiving cash funds from the Client provide him with
documents, also “Cards”, confirming the Prepayment at a value equivalent to the
paid sum.
4.1.10. Provide trouble-free work of equipment and programs, necessary for
“Edram” IPS activity.
4.1.11. In the framework of “Edram” IPS activity provide the Client with
information regarding the system, its Sellers and Partners.
4.1.12. Provide the Client with history of operations, realized through “Edram”
IPS.
4.1.13. At Client’s request ensure provision of accounting documentation
(invoices, cash orders, etc.) by Sellers, confirming payment of goods and/or
services, purchased by the Client.
4.1.14. In case of any dispute arising, provide, at Client’s request, a sealed
reference concerning operation, realized by the Client through “Edram” IPS and
about actually realized payment of certain goods and/or services.
4.1.15. Inform the Client about arising, change or cancellation of
circumstances significant for realization of the given Agreement.
4.1.16. Meet other obligations, defined by the given Agreement and described at
the System Operator’s website.
4.2. The System Operator has the right to:
4.2.1. Refuse the order for transaction on goods and/or services purchasing or
claim for “Edram” units withdrawal in cases, described below.
4.2.1.1. In case of reasonable doubts concerning legality of the Client’s
activity.
4.2.1.2. In case of negative result of the Code verification.
4.2.1.3. In case if the cost of requested transaction exceeds the Refilled sum
on the Client’s “Edram” ID.
4.2.1.4. In other cases, stipulated by the given Agreement and described at the
system’s website.
4.2.2. Define minimal and maximal rates of Prepayment.
4.2.3. Temporarily stop “Edram” IPS’s activity, previously informing the
Client, in case of detection of significant failures and defects of equipment
and programs, supporting the system’s activity, or third parties unauthorized
intrusion, as well as for the purpose of preventive maintenance.
4.2.4. Modify provisions of the given Agreement at its sole discretion,
previously placing a note at “Edram” IPS’s website. In such case the Client is
entitled to terminate the given Agreement without any penalties.
4.2.5. Terminate the Agreement in cases, listed below, previously informing the
Client within at least 15 days.
4.2.5.1. In case of absence of cash assets at the Client’s “Edram” ID within 90
days from the moment of registration in “Edram” IPS.
4.2.5.2. In case of absence of cash assets at the Client’s “Edram” ID within
120 days continuously.
4.2.5.3. In case if the Client doesn’t purchase goods and/or services through
“Edram” IPS within 1 continuous year.
4.2.6. If in cases, described in point 4.2.5 of the given Agreement, within 15
days since a note was sent to the Client’s e-mail address, submitted in “Edram”
IPS, the Client doesn’t realize any transaction or make withdrawal trough
“Edram”, the System Operator has the right to terminate the present contract
and cancel the Client’s “Edram” ID. Prepayment remainder is paid to the Client
by the System Operator and is considered returned to the Client by the System
Operator.
4.2.7. Modify the system, previously placing a note at “Edram” IPS at least 3
(three) days before.
4.2.8. Engage third parties to realize his obligations under this Agreement at
his expense.
4.2.9. Define limits of transactions to be realized.
4.2.10. Block the Client’s “Edram” ID in cases, stipulated by the present
Agreement and described at “Edram” IPS’s webpage, particularly:
4.2.10.1. In case if the Client submits a request to block his “Edram” ID and
if information presented in the request allows to identify him.
4.2.10.2. In case if use of “Edram” ID coincides with unauthorized intrusion to
“Edram” IPS and other attempts to break the system security.
4.2.10.3. In case of termination of the present Agreement.
4.2.10.4. In case of violation of the present Agreement conditions by the
Client, until the violation is eliminated.
4.2.11. Realize other rights, defined by the present Agreement and described at
“Edram” IPS’s webpage.
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5. The rights and obligations of the Client
5.1. The Client is obliged to:
5.1.1. Duly fulfill obligations prescribed by the present Agreement and
described at “Edram” IPS’s webpage.
5.1.2. Provide the System Operator with reliable information and data,
necessary to perform the Agreement.
5.1.3. Immediately inform the System Operator in case of detection of mistakes
or defects in “Edram” IPS’s activity or operations realized.
5.1.4. In case if no defects are found in purchased goods and\or services, sign
any legal or accounting documents (such as acts, invoices, etc.), presented by
the System Operator’s employee or authorised person and confirming, that the
purchased goods and/or services are received and their cost is paid.
5.1.5. Realize transactions through “Edram” IPS strictly following the rules of
the system use.
5.1.6. Carefully keep confidentiality of information, discovered and
transferred in the framework of the present Agreement.
5.1.7. Be responsible for the loss of financial means from his “Edram” ID and
for other unfavourable incidents occurring in the result of passing the Code to
third parties, if the System Operator unambiguously has no fault in that.
5.1.8. Inform the System Operator about arising, change or cancellation of
circumstances, significant for “Edram” IPS functioning.
5.1.9. Realize other obligations, stipulated by the given Agreement and
described at the System Operator’s webpage.
5.2. The Client has the right to:
5.2.1. Duly present offers for civil-juridical transactions conclusion with
entities providing goods and/or services, for the purposes of goods and/or
services purchasing or payment for public services and other services, defined
by the present Agreement and described at “Edram” IPS webpage. The order,
conditions and process of goods and\or services purchasing and provision of
other services are described at “Edram” IPS webpage.
5.2.2. Concede the right, granted by the given Agreement, to the third parties,
previously informing the System Operator.
5.2.3. Contact the System Operator for “Edram” units’ withdrawal in accordance
with the order established by the given Agreement.
5.2.4. In case of loss of issued “Edram” ID, Code and/or Password, contact the
System Operator for new “Edram” ID, Code and/or Password in accordance with the
order established by the given Agreement.
5.2.5. Make suggestions concerning quality and of provision of service in the
framework of the present Agreement.
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6. Responsibilities of the Parties
6.1. The parties are responsible for damages, caused to each other in
the result of default on fulfilment or unduly fulfilling of obligations under
this Agreement, if that default on fulfilment or unduly fulfilment is not a
consequence of force majeure, which is to be affirmed by an authoriused body.
6.2. The System Operator is responsible for the Client’s Prepayment only in the
case of availability of bank transfer check, confirming the Prepayment,
incoming cash order or presence of “Edram card” Pin-code and conformity of
data, present at “Edram” IPS.
6.3. The System Operator is not responsible for failures and defects of
equipment and programs, supporting the system’s activity, as well as for the
system’s temporary anavailability, if those problems occurred by reasons
independent of the System Operator.
6.4. The System Operator is not responsible for refusing to provide services to
Client, if motivated by reasons, described at “Edram” IPS webpage.
6.5. The System Operator is not responsible for privacy of information, kept in
the Client’s computer.
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7. Force-majeure
7.1. The parties are discharged of responsibility for full ot partial
default on fulfillment of obligations under this Agreement if the default on
fulfillment is a consequence of impact of irresistible forces action, which
occurred after signing of the present Agreement and which could not be foreseen
or prevented by the parties. The impacts of irresistible force are earthquakes,
waterfloods, wars, declare of state of emergency, strikes, civil disorder,
breakdown of communication means work, state acts and other circumstances,
which make the fulfillment of obligations, stipulated by this Agreement,
impossible. If impact of irresistible forces proceeds for more then 3 (three)
months, each party has the right to cancel the Agreement, previously informing
the other party.
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8. Other conditions
8.1. Subjects not regulated by the present Agreement are settled
according to provisions, described at the System Operator’s webpage or, in case
of lack of such provisions, by legislation of Republic of Armenia.
8.2. Conclusion of the present Agreement in electronic format is even to
conclusion of written document, signed by the parties.
8.3. The terms of goods and services purchasing is described at the systems’
webpage.
8.4. The present Agreement comes to effect from the moment of signing by the
Client by means of Code and is valid up to the 15-th day from the moment of
delivering of official note on the breach of the present Agreement by the other
party.
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