ELECTRONIC DOCUMENT INTERCHANGE. 7.1. Each Party is to in accordance with applicable legislation of the Russian Federation and this Offer/ Service Rules to use the Digital signature tools upon execution and sending the documents connected with legal relations under the Offer/ Service Rules. 7.2. The Сompany interacting under the Offer/Service Rules shall receive and use the Digital signature creation and verification tools in accordance with the terms of the e-document interchange Rules of “BeSafe” Corporate Information System (hereinafter referred to as the “BeSafe CIS” Rules) posted on the Internet at ▇▇▇.▇▇▇▇▇▇.▇▇. Execution of the Agreement on accession by the Company using or intending to use the Digital signature for the purposes established by the Offer shall confirm acceding to the terms of the “BeSafe CIS” Rules. Signing Service Rules as a separate agreement shall confirm agreement of the Parties to use Digital signature for the purposes established by the Service Rules also. 7.2.1. For the purpose of processing documents under the Offer, a Company and the Payment Center shall have the right to use only 2 and 3 class public key certificates/signature key certificate. The Company shall have the right to use several public key certificates/signature key certificate. 7.2.2. The Company that wishes to use Digital signature shall send an application for registration of the certificate to the Payment Center specifying the authority of the person authorized to use the Digital signature and the Digital signature public key data for the purpose of registration of the Company's certificate by the Payment Center. The application form is available on the Payment Center’s Internet site: ▇▇▇.▇▇▇▇.▇▇. 7.3. As agreed by the Payment Center with interaction of the Parties the e-document interchange may be carried out in the order defined in this Offer. The Parties recognize the legal validity of electronic documents used in relations between the Company and the Payment Center, signed by Digital Signature, equal to the legal validity of documents on paper, signed by hand and certified by the seal of the Party, if the following conditions are met at the same time: ✓ Authenticity of the Digital signature in the electronic document is confirmed; ✓ Public key/certificate for Digital signature verification pertaining to this Digital signature is valid (in force) at the time of signature or at the time of verification of the electronic document; ✓ The Digital signature is used in the relationship governed by the terms of this Offer. 7.3.1. The Parties are obliged, on their own behalf and at their own expense, to create Digital signature Public Key and Public Key for Digital signature verification to work within the framework of this Offer and obtain a Public key/certificate for Digital signature verification. 7.3.2. “Certificate” operation: 7.3.2.1. The Certificate registered in the name of the Company confirms the authenticity of the Digital signature, as well as includes Public key/Key for Digital signature verification of the Company’s employee authorized to sign Official Notifications on behalf of the Company. An employee of the Company shall be vested with the above powers on the basis of an internal document of the Company. The Certificate contains the following data: ✓ Certificate holder’s data to distinguish and identify the Certificate owner within the framework of cooperation under this Offer; ✓ Public key/Key for Digital signature verification; ✓ Unique Certificate number; ✓ Certificate start and end of validity date. ✓ Certificate may contain additional data. 7.3.2.2. Obtaining Digital signature Key, Certificate by the Company: 7.3.2.2.1. The Company shall send the Payment Center an application for obtaining the Certificate in electronic form (the application is generated automatically, when entering the ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇/auth/1st_class.jsp?class=3&type=2&f=fin&agentId=3802) and on paper, signed by an authorized person of the Company. 7.3.2.2.2. When you log on the specified page, a Digital signature Key, Public key/Key for Digital signature verification are generated. 7.3.2.2.3. The Payment Center having considered the application, within 3 (Three) working days shall send to the Company the completed Certificate in electronic form or a motivated refusal to issue it. Upon receipt of the Certificate, the authorized employee of the Company shall print on paper in two copies the handover act containing the Public key/Key for Digital signature verification. The Company shall send the handover act to the Payment Center in two copies, one of which shall be returned to the Company upon signing by the Payment Center. Each handover act must be personally signed by an authorized employee of the Company. 7.3.2.2.4. At the end of the Certificate validity period, changes of data allowing to establish the Certificate holder contained in the documents provided during the Certificate issuance and registration, keys change and in cases of key compromise the Certificate holder shall receive a new Certificate. 7.3.3. The Company shall guarantee that in all circumstances the employee of the Company shall have the authority to perform its actions with the help of the Software, and such actions shall be considered to be actions of the Company, taking into account, inter alia, the potential for committing errors by the Company's employee and the compromising of Digital signature Public Key. 7.3.3.1. If there is reason to believe that the Company's Digital signature Public Key may be used by an unauthorized person, the Company is obliged to notify the Payment Center of the Digital signature Public Key compromising with indication of its ID by any available means, including via the addresses and telephone numbers listed on the Internet at ▇▇▇.▇▇▇▇.▇▇. The date and time of Digital signature Public Key compromise shall be the date and time of receipt of the notification by the Payment Center with the response time to that notification added. Payment Center’s Response Time to Digital signature Public Key compromise Notification may not exceed one working day. 7.3.3.2. An electronic document signed with a compromised Digital signature Public Key shall be deemed inappropriate and shall not have any effect on the Parties only upon receipt of the appropriate notification. The Payment Center shall not be liable for the consequences of execution of documents in electronic form signed by the Digital signature until notice of Digital signature Public Key compromising is received with addition of response time to notification of Digital signature Public Key compromising specified in clause 7.3.3.1 hereof. 7.4. When technically possible the Parties may agree upon another procedure of e-document interchange, including under the rules of e-document interchange of corporate information System “CFT ID” (CFT ID Rules) placed in the Internet on ▇▇▇▇://▇▇▇▇▇▇▇.▇▇▇.▇▇ or a separate agreement. 7.4.1. Execution of an Agreement on accession to this Offer by a Company using or intending to use the Digital signature created under CFT ID for the purposes established by the Offer shall confirm accession to the Rules of CFT ID. Signing Service Rules as a separate agreement shall confirm agreement of the Parties to use the specified Digital signature also with the purposes established by the Service Rules. The Parties shall recognize that the legal force of the electronic documents used in the relations between the Company and the Payment Center, if they are signed by Digital signature of CFT ID corporate information system, equal to the legal force of documents on paper, signed by handwritten signature and sealed. 7.4.2. In case of cooperation under CFT ID Rules, the Company shall: 7.4.2.1. be responsible for the accuracy and correctness of the information entered and shall confirm that the Company's employee or other authorized person has the right to interact under the Offer on behalf of the Company; 7.4.2.2. ensure the procedure for identification and authentication of an employee or another authorized person of the Company as a user using a Digital Signature upon information cooperation between the Parties; 7.4.2.3. Follow the procedure of creation and usage of the Digital signature upon exchange of information between the Parties and the applicable mode for non-disclosure of respective data. 7.4.2.4. Where it is necessary for the Company to apply individual information security measures the Parties hereby agree to use, within the framework of this Offer, a secure communication channel arranged between the Parties under the Payment service “Zolotaya Korona" – Money Transfer” of the Payment System “Zolotaya Korona”, until the Company informs the Payment Center of the use of another secure communication channel for information exchange purposes under the Offer organized between the Payment Center and the Company. 7.5. The Company shall bear all the Digital Signature risks (Private and Public Keys), taking into consideration, inter alia, potential opportunity of unauthorized usage of Digital signature tools, undue performance of obligations by the Company’s employees obliged to keep the Digital signature safe and confidential or capturing of information transmitted through communication channels. 7.6. The Payment Center shall not be liable for any consequences of execution of e-documents signed by a Digital signature of the Company’s authorized employees, in cases when the Payment Center has taken required measures, but could not ascertain a fact, that the e-document was sent by an unauthorized person. 7.7. In case the Company contests actions provided for herein, the Company shall send a claim to the Payment Center. If a System Log contains a record proving actions taken by the Company, the Payment Center shall within 10 (ten) days send a response to the Company containing the attachment of a record from the System Log. If the System Log does not contain such a record, the Payment Center shall within 10 (ten) days notify the Company on such fact, therewith the Parties shall take reasonable measures to resolve the dispute. 7.8. The e-document without a Digital Signature or in a format different from that established herein, shall not be considered legal under this Offer. 7.9. In case of conflict (unconfirmed authenticity of an e-document, claimed creation/sending of an e-document as well as any other cases of conflict situations related to e-document management hereunder), the Company shall within 1 (one) business day (from the day the Company knew or should have known that its right has been infringed) send a notification on a conflict situation to the Payment Center. The Payment Center shall immediately, but not later than within the following business day check if there are any circumstances proving the fact of occurrence of a conflict situation and send the report on the results of his audit and, if necessary, measures taken to resolve the conflict, to the Company. 7.9.1. The conflict shall be considered to be resolved in the normal course of business, if the Company is satisfied with the information received from the Payment Center. 7.9.2. In case the Company is not satisfied with the information received from the Payment Center, the Company shall send a claim to the Payment Center in accordance with clause 7.7 of this Offer. 7.10. Payment Center shall not be liable for the Company’s losses due to: 7.10.1. illegal access to the Software by an unauthorized employee of the Company; 7.10.2. compromise of the Company’s Digital signature key, authentication and other data, allowing confirming the fact of the creating of the electronic document by the Company; 7.10.3. unqualified service, improper usage or defects of the Software on the part of the Company, including software upgrade unagreed with the Payment Center.
Appears in 2 contracts
Sources: Money Transfer Service Agreement, Money Transfer Service Agreement