Terms of Yandex.Direct Setup Service at Discount

Lucerne, Switzerland

Date of placing: November 1, 2018

Effective date: November 1, 2018

This document determines the procedure for and terms and conditions of granting a discount for the Yandex.Direct Setup Service, which is rendered subject to the terms and conditions of the Yandex.Direct Setup Service Offer located on the Internet at: https://yandex.com/legal/oferta_yandex_direct_set_up_service_ch/ .

1. TERMS AND DEFINITIONS

1.1. For the purpose hereof the following terms shall have the following meanings:

Yandex shall mean Yandex Europe AG.

Offer shall mean the document named Yandex.Direct Setup Service Offer located on the Internet at: https://yandex.com/legal/oferta_yandex_direct_set_up_service_ch/ .

Terms and Conditions shall mean this document which is located on the Internet at: https://yandex.com/legal/terms_yandex_direct_set_up_service_ch/.

Service shall, for the purposes of rendering the Service at Discount subject to the terms and conditions of the Offer and this document, mean the following package:

  • Advertising Campaigns:
    • An Advertising Campaign shall mean placing of Ads in an Advertising Space specified in Clauses 2.1, 2.3, 2.4, 2.5 and 2.6 of the Ad Serving Rules.
  • The maximum number of objects of advertising (goods/works/services) is 2. For the purposes hereof, Yandex shall not prepare an Advertising Campaign in which the category of one or both objects of advertising is that specified at: https://yandex.com/support/direct/moderation/special-categories.html.
  • Not more than 10 Groups of Ads with one Ad in each of them.
  • Not more than 30 keywords in each Advertising Campaign. In this case, Yandex does not guarantee the maximum declared number of keywords. At Yandex's discretion (depending on the subject of the Customer's website and/or geotargeting specified in the Brief), the number of keywords and Ads in Groups of Ads can be less (including substantially less) than that stated in the package.
  • The Service shall be rendered within five (5) business days after notifying the Customer by Yandex about its readiness to render the Service; however, not earlier than the Acceptance performed in the manner specified in Clause 1.6 hereof. Yandex shall notify the Customer within one (1) business day after receiving the Brief.

Discount shall mean a 100% discount for the Service rendered by Yandex to the Customer subject to the terms and conditions of the Offer and this document.

Brief shall mean the Customer's assignment for Yandex containing a set of parameters which are specified by the Customer in the form available at: https://yandex.com/promo/adv/directsetupservice.

Customer shall mean a person defined in the Offer who has accepted these Terms and Conditions and ordered the Service at Discount.

1.2. Terms, which are not defined herein, shall have the meanings defined in the Offer.

1.3. In case of discrepancies between the text of the Offer and the Terms, the provisions of the Terms shall prevail.

1.4. The Terms can use other terms, which are not defined in Clause 1.1 above. In this case, such terms shall be interpreted in accordance with the Offer (considering the provisions of Clause 1.3 hereof). In case of ambiguity in interpretations of a term in the Offer, the term shall be interpreted as defined in Clause 1.2 of the Offer.

1.5. The opportunity to have a Service Discount is provided as part of an experiment for the determination of potential market demand; therefore, the opportunity to conclude the Agreement at Discount is available only to a limited range of persons, which is determined automatically, and can be not available on demand.

1.6. For the purposes of rendering the Service on the terms of the Offer and this document, the Customer shall accept these Terms by checking the Send box when sending the Brief and the Customer details in the form which is available at: https://yandex.com/promo/adv/directsetupservice ("Acceptance").

Provided that the Customer's acts shall not constitute Acceptance in the following cases:

1.6.1. the Customer fails to provide or provides incomplete data specified in Clause 2.2.2 hereof; or

1.6.2. the category of one or both objects of advertising specified by the Customer in the Brief is that specified at: https://yandex.com/support/direct/moderation/special-categories.html; or

1.6.3. it is impossible to render the Service because the data specified in the Brief violate the requirements of Yandex advertising policy or the applicable laws on advertising, intellectual rights or competition, without limitation.

1.7. These Terms shall form an integral part of the Agreement concluded subject to the terms and conditions of the Offer.

2. ORDERING PROCEDURE AND RENDERING THE SERVICE SUBJECT TO THE TERMS AND CONDITIONS HEREOF

2.1. In addition to the documents specified in Clause 3.1 of the Offer, the acknowledgement, compliance with and observance of the requirements and provisions contained in the Offer by the parties shall be a prerequisite for the rendering of the Service by Yandex to the Customer.

2.2. Yandex shall not proceed to rendering the Service at Discount unless the Customer has complied with all the conditions (counteractions) below:

2.2.1. The Customer has registered as a User with Yandex.ru;

2.2.2. The Customer has logged in to the Yandex.Direct Website;

2.2.3. The Customer has placed an order for the Service (Application) at: https://yandex.com/promo/adv/directsetupservice by clicking the Send a request button and has sent a Brief specifying the full details of the Customer (full or abbreviated corporate name of the legal entity/individual entrepreneur, PSRN/PSRN of an Individual Entrepreneur, TIN/CRR, telephone number and e-mail of the Customer);

2.2.4. If the Customer provides objects of advertising as a part of the Brief, which do not comply with the requirements hereof, the relations of the Parties shall be terminated at this stage and any acts, which are necessary for the rendering of the Service and Acceptance, shall not be performed;

2.2.5. The Customer has performed the Acceptance under Clause 1.6 hereof;

2.2.6. The Customer's acts are not covered by Sub-Clauses 1.6.1 through 1.6.3 hereof.

2.3. The Service shall be deemed to have been rendered once the Advertising Campaign is displayed in the Direct Client Web Interface.

3. SERVICE PRICE

3.1. For the purposes specified in Clause 1.5 hereof, in the period from 01.11.2018 to 01.04.2019 (inclusively), Yandex sets the fixed Service price in the amount of 1 EURO exclusive of VAT for the above period and grants a Discount to the Customer in the amount of one hundred percent (100%) of the Service price specified herein.

3.2. The Service shall be deemed to have been rendered and accepted in accordance with the provisions of Clause 6.10 of the Offer. In this case, if the Customer denies the Service in the period of discount under Clause 3.1 above, the Service shall be deemed to have been rendered in full by Yandex.

4. DURATION OF THE TERMS AND CONDITIONS

4.1. These Terms and Conditions shall become effective from the date specified in the Effective Date section and shall remain valid until they are revoked by Yandex.

4.2. Yandex reserves the right to modify and/or terminate the Terms and Conditions at any time at its sole discretion. If Yandex makes amendments to the Terms and Conditions, these amendments shall become effective upon placing the Terms and Conditions as amended on the Internet at: https://yandex.com/legal/terms_yandex_direct_set_up_service_ch/, unless any other term for amendments effectiveness is additionally specified for such placement.

5. WARRANTIES OF THE CUSTOMER

5.1. In addition to the warranties specified in the relevant section of the Offer, by agreeing and accepting these Terms and Conditions, the Customer (its representative) represents and warrants to Yandex that:

5.1.1. The Customer has specified the correct details of the Customer (its representative) when sending an Application to Yandex under Clause 2.2;

5.2. The Customer accepts these Terms and Conditions voluntarily, fully and unconditionally; whereby it:

5.2.1. has completely reviewed the terms and conditions hereof and the Offer;

5.2.2. completely understands the subject matter and contents of the Agreement concluded subject to the conditions of the Offer and this document;

5.2.3. completely understands the importance and consequences of its actions in terms of rendering the Services in accordance with the Agreement concluded subject to the terms and conditions of the Offer and this document.

5.3. By accepting the Offer and these Terms and Conditions, the Customer gives its consent to the use of details specified by it in the Brief for the purposes of informational and advertising distribution of Yandex services by e-mail subject to the conditions specified in the Privacy Policy which is available at: (https://yandex.com/legal/confidential/ ).