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Agreement on the use of the resources of a single portal of electronic services of the national automated information system portal.gov.by

CHAPTER 1. DEFINITIONS USED IN THIS AGREEMENT

1.1. The terms and definitions used in this Agreement, unless the context clearly dictates otherwise or specifically specifies otherwise, are used in the following meaning: Single portal of electronic services of the national automated information system portal . gov . by (hereinafter - a single portal) - a subsystem of a nationwide automated information system designed to provide electronic interaction between government agencies and organizations with other organizations, as well as with citizens, including a single point of filing (recalling) applications for administrative procedures, decisions (notifications of administrative decisions taken) and filing (recalling) administrative complaints in electronic form. The state-wide automated information system is the basic component of the state system of electronic services (hereinafter referred to as OAS); User is an individual / person who has joined this Agreement and has access to the electronic services of a single portal. Users of a single portal can be: individuals at the age of not less than 18 years who are entitled to legally conduct legally valid acts, as well as enter into all types of transactions; interested person 1 - a citizen of the Republic of Belarus, a foreign citizen or a stateless person, including an individual entrepreneur (unless otherwise specified, hereinafter referred to as a citizen) or a legal entity of the Republic of Belarus, another organization (hereinafter referred to as a legal entity) for the implementation of the administrative procedure; Operator OAIS - Republican Unitary Enterprise "National Center for Electronic Services", location: Republic of Belarus, 220004, Minsk, ul. Rakovskaya, 14; Electronic services - activities to search for, receive, transfer, collect, process, accumulate, store, distribute and / or provide information, as well as information protection, implemented with the use of telecommunications and computer facilities.

CHAPTER 2. SUBJECT OF THE PRESENT AGREEMENT

2.1. This Agreement determines the procedure for the User to use the resources of a single portal in order to provide access to electronic services through the OAIS, the implementation of administrative procedures in electronic form, and also establishes the mutual rights and obligations of the Parties participating in this Agreement.

CHAPTER 3. PROCEDURE FOR THE CONCLUSION OF THIS AGREEMENT

3.1. This Agreement is an agreement of accession, its conclusion is made by the User accepting the terms of this Agreement in the manner provided for in Art. 398 of the Civil Code of the Republic of Belarus; by acceding to this Agreement as a whole without any conditions, exceptions and reservations. 3.2. Accession to this Agreement, as well as confirmation of "User Agreement " is carried out during the registration of the User on a single portal by clicking the User button "I agree with the rules for using portal resources and transferring personal data" placed under the registration form. The moment of registration of the "personal cabinet" (account) means the confirmation of the User with the "User Consent", as well as consent to all terms of this Agreement and their unconditional acceptance. 3.3. The Operator of the OAIS reserves the right, at its discretion, to modify this Agreement at any time without special prior and / or subsequent notification to the User. The current version of the Agreement is always available on a single portal. Continuation of the use by the User of a single portal after any changes to the Agreement implies the unconditional consent of the User with such changes. 3.4. The list of OAIS Operator's fee-based electronic services, as well as the cost of services, can be found on the single portal at the following addresses: http://portal.gov.by/PortalGovBy/faces/offers , http://portal.gov.by/PortalGovBy/faces/ howToConnect

CHAPTER 4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. Rights and obligations of the User: 4.1.1. The User agrees to abide by the terms of this Agreement; 4.1.2. The User undertakes to provide complete, accurate and reliable information in the course of the registration procedure in accordance with the registration questionnaire, as well as when registering information resources and in other cases established by this Agreement and / or the legislation of the Republic of Belarus. The user is solely responsible for the reliability of the information provided; 4.1.3. The User undertakes not to register or use more than one "personal cabinet" (account) at the same time, or to not transfer his credentials to third parties. For non-compliance with this obligation, liability, as well as all negative consequences, are assigned solely to the User; 4.1.4. The user who wishes to register must fill in the registration form "Name", "First name", "Middle name", "Date of birth", "Passport series", "Passport number", "Personal number", "Sex", other fields of the form registration, as well as express their consent to the implementation of actions with information relating to the User and related to commercial or other legally protected secrets for the purpose of using the resources of a single portal, providing access to electronic services through the OAIS, The procedure for electronically. 4.1.5. The User undertakes not to take any actions aimed at gaining access to other "personal cabinets" (credentials) against the will of the persons to whom they belong; 4.1.6. The user is solely responsible for compliance with the legislation of the Republic of Belarus any information placed on a single portal, as well as for compliance with the legislation when using the resources of a single portal in accordance with this Agreement; 4.1.7. The User undertakes not to take any actions aimed at undermining network security or disrupting the operation of the OAIP Operator's software and hardware, or using third-party automated programs designed to collect information; 4.1.8. The User undertakes to reimburse the Operator of the OAIS for all losses and expenses incurred to the Operator of the OAIS due to the User's violation of the provisions of this Agreement. 4.2. Rights and Obligations of the Operator of the OASI: 4.2.1. The Operator of the OAIS undertakes to ensure: confidentiality of data specified by the User when completing the registration form, unless the provision of such information is a prerequisite for using the resources of a single portal, or when the provision of such information is mandatory due to the requirements of the legislation of the Republic of Belarus; compliance with the requirements specified by the legislation on information, information and information protection; 4.2.2. The OAIS Operator has the right to store information about all the User's connections, including IP addresses, addresses of the requested pages and other information, if such information was obtained during the use of the single portal resources, the provision of this information to third parties is possible only upon the official request of authorized state bodies in accordance with the legislation of the Republic of Belarus; 4.2.3. The Operator of the OAIS has the right, if the User violates this Agreement, to suspend or stop using the resources of the single portal by this User, including if it considers that the information provided by the User in the registration form is untrue; 4.2.4. The operator of the OAIS reserves the right to block and / or cancel (delete) the registration of the "personal account" (account) of the User, in particular, but not exclusively, in the following cases: violation of conditions of registration and / or use of "personal cabinet" (account); successful or unsuccessful attempts to bypass the technical means of information protection used by the OAIS Operator in providing the possibility to use the resources of a single portal, various attacks directed against a single portal, including, but not exclusively, with deliberate use of possible errors in the scripts of a single portal; 4.2.5. The operator of the OAIS has the right to change the technical characteristics and parameters of software and hardware tools involved in the use of the resources of a single portal, including the temporary suspension of the use of the resources of a single portal; 4.2.6. The OAS operator has the right to check the User profile.

CHAPTER 5. RESPONSIBILITY OF THE PARTIES

5.1. The operator of the OAIS is released from liability in the event of full or partial loss of the User's information. 5.2. The Operator of the OAIS makes all possible efforts to ensure the normal operation of the single portal and its services, the User understands and agrees that the Operator of the OAIS does not guarantee 100% error-free and uninterrupted operation of the single portal and is not responsible for any possible damage to the User and / or third parties technical malfunctions of hardware and / or software on either side. 5.3. Operator OAIS is not responsible for the reliability of information or promotional materials or their compliance with the wishes or needs of the User, as well as for any damage or loss of profit, either by the User or any third parties, even if it results from the use or inability to use the resources of a single portal. 5.4. The Operator of the OAIS, in the event that violations of the Agreement are detected by the User, have the right to terminate the possibility of using the resources of a single portal, while the User's account (account) is blocked completely or partially at the discretion of the OAIS Operator. Re-registration by the User of a new "personal cabinet" (account) is prohibited and is possible only with the consent of the Operator of the OAS. 5.5. Operator OAIS is not responsible for the quality, content and consequences of using the resources of a single portal. 5.6. The user acknowledges and agrees that the resources of the single portal, information materials published on a single portal, the design of a single portal are protected by the laws of the Republic of Belarus on copyright, as well as acts of international legislation in force in this field. 5.7. The user is liable in accordance with the legislation of the Republic of Belarus for the reliability of the information published by them. 5.8. The User bears full financial responsibility for violation of the terms of this Agreement, as well as for violation of the legislation of the Republic of Belarus, with compensation to the Operator of the OASI for damage caused by its actions. 5.9. The OASI operator is not responsible for the quality of information provided to Users from government information resources as a result of using the resources of a single portal, as well as for the solvency of Users as consumers of electronic services and (or) interested persons who apply for administrative procedure.

CHAPTER 6. DISPUTE RESOLUTION PROCEDURE

6.1. In the event of disputes between the User and the OAIS Operator on issues related to the implementation of this Agreement, the Parties will take all measures to resolve them through negotiations. 6.2. The parties came to an agreement that the party whose rights or interests are violated shall have the right to apply to the court for the protection of their rights and interests after the submission of a complaint (a written proposal for the voluntary settlement of the dispute) within the terms and according to the procedure provided for by the legislation of the Republic of Belarus and this Agreement. 6.3. All disputes or disagreements arising from this Agreement and not resolved during the negotiations shall be resolved in the Economic Court of the City of Minsk. 6.4. If necessary, the Operator of the OAIS has the right to independently appoint an expert examination to resolve technical issues in determining the fault of the User as a result of his unlawful actions when using the resources of a single portal. In case of establishing the fault of the User, the latter is obliged to reimburse the costs of the examination. 6.5. Claim Procedure for Settlement of Disputes: 6.5.1. A user who considers that his rights have been violated by the OAIS Operator shall be obliged to present to the OASIS Operator a claim (a written proposal for the voluntary settlement of the dispute); 6.5.2. the claim shall state: surname, own name, patronymic of the claimant, his place of residence (place of stay); the date of the claim; the circumstances on which the claim is based; evidence supporting these circumstances; claims of the claimant with reference to legislation; the amount of the claim and its calculation, if the claim is subject to monetary valuation; bank details of the claimant (if any); list of documents attached to the claim; 6.5.3. Attached to the claim are copies of documents that substantiate and confirm the claims, or extracts from them. Copies of the enclosed documents must be certified in the order established by the legislation of the Republic of Belarus; 6.5.4. The claim is signed by the User or his representative and sent to the recipient of the claim by registered mail with a return notification to the address: Republic of Belarus, 220004, Minsk, ul. Rakovskaya, 14; 6.5.5. The operator of the OAIS shall notify the claimant in writing of the results of the review of the claim within a month from the date of receipt of the claim. The answer to the claim is signed by the authorized representative of the Operator of the OAIS and sent to the claimant by registered mail with a return notification or handed over against the signature.

CHAPTER 7. CHANGES INCLUDED IN THE PRESENT AGREEMENT

7.1. Changes and / or amendments to this Agreement shall be made unilaterally upon the decision of the Operator of the OAIS. 7.2. Changes and / or additions introduced by the Operator of the OAS to this Agreement on their own initiative shall take effect on the next working day from the moment of their publication on a single portal. 7.3. Changes and / or additions introduced to this Agreement by the Operator of the OAIS in connection with the change of the legislation of the Republic of Belarus shall enter into force simultaneously with the entry into force of the amendments to these normative legal acts. 7.4. This Agreement may be amended and / or amended by the Operator of the OAS without any special notification. 7.5. The provisions of this Agreement, as well as all subsequent editions thereof, are mandatory for all Users of a single portal, including those previously registered. 7.6. If the User disagrees with the changes and / or amendments introduced, the User must terminate this Agreement by refusing to continue using the resources of the single portal. 7.7. The parties agree that silence (absence of the fact of refusal from further use of the resources of a single portal) in accordance with cl. 159 of the Civil Code of the Republic of Belarus is recognized as consent and accession of the Party to the new version of this Agreement.

CHAPTER 8. NOTICES AND NOTICES

8.1. The Parties agree that all notices and notifications received to e-mail addresses registered for each Party within the use of the resources of a single portal in accordance with this Agreement shall be deemed delivered to the addressee in the proper form. 8.2. Delivery of all notifications and notifications related to the implementation of this Agreement shall be effected by the Operator of the OAIS by sending an appropriate electronic letter to the e-mail address of the User. 8.3. Each of the Parties is obliged to check the correspondence sent to the e-mail address in a timely manner.

CHAPTER 9. FINAL PROVISIONS

9.1. In the event that any term of this Agreement becomes invalid, will be declared unlawful or will be excluded from this Agreement, this does not entail the invalidity of the remaining terms of this Agreement, which remain legally binding and binding upon all Parties. 9.2. All issues not regulated by this Agreement shall be resolved in accordance with the legislation of the Republic of Belarus and local regulatory legal acts of the Operator of the UAIS, subject to their compliance with the legislation of the Republic of Belarus. For the purposes of this Agreement, the term "interested person" is used in the definition established by Law No. 433-З of the Republic of Belarus of 28.10.2008 "On the Basics of Administrative Procedures"

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220004 Minsk, ul. Rakovskaya, 14
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