E-Document Flow Policy

The Parties allow for the use of an enhanced qualified digital signature when executing this contract and committing any other legally significant acts under the contract and admit e-documents issued with the enhanced qualified digital signature as having the same force and effect as hard copies signed manually (in the context of Federal Law No. 63-FZ of April 6, 2011 "On Digital Signature"). Electronic exchange will be exercised by the parties in accordance with applicable legislation of the Russian Federation, including the Civil Code of the Russian Federation, the Tax Code of the Russian Federation, and Order of the Ministry of Finance of the Russian Federation No. 14n of February 5, 2021 "Procedure for Issuing and Receiving Invoices in Electronic Form via Telecommunication Channels Using an Enhanced Certified Digital Signature".
If, in accordance with any federal laws, any laws and regulations adopted in accordance therewith, or any customary business practices, a document shall be certified by seal, an e-document certified by an enhanced qualified digital signature shall be deemed having the same force and effect as a hard copy signed manually and certified by seal. This being the case, no further execution of the hard copy is required.
Electronic document flow, hereinafter referred to as EDF, between the Parties of this Agreement/Contract shall not cancel an opportunity to use other ways to execute and exchange documents between the Parties in the context of commitments not regulated hereby.
In order to implement EDF, the Parties shall have a technical capacity to exchange e-documents and certify e-documents with an enhanced qualified digital signature, with the involvement of one or a number of transmitters.
If any Party is intended to change a transmitter whose services it uses in the context hereof, such Party shall, no later than one month (30 calendar days) prior to the beginning of e-document exchange through a new transmitter, provide the other Party with documents and information stipulated by current legislation of the Russian Federation.
EDF covers the following types of documents:
- invoices, corrective and adjustment tax invoices, tax invoices for service payment, other invoices;
- work completion and acceptance certificates;
- certificates of services rendered;
- integrated delivery notes;
- reconciliation reports;
- copies of delivery notes;
- certificates of quality;
- other documents specified in the contract.
EDF, in respect of every document listed in this clause, shall be implemented by the parties ever since they have a technical capacity therefor.
The Parties are entitled, upon mutual consent, to exchange other documents provided that there is a technical capacity. The said consent shall be confirmed by the fact of acceptance and certification of a document by an enhanced qualified digital signature with the other Party.
An e-document, which equivalent hard copy shall have signatures of both Parties, shall be signed by means of an enhanced qualified digital signature applied thereto by each Party.
The Parties shall timely monitor the documents received within the EDF system and learn the content of the documents received from the participants in the EDF system.
The Parties shall, upon receipt of the documents specified in cl. 6 of this article in electronic form via telecommunication channels, certify them by the enhanced qualified digital signature within the period specified in the contract and/or a letter of transmittal for the e-document (document package) submitted or, in their absence, within the period stipulated by legislation of the Russian Federation.
The documents specified in this article shall be deemed received by the Party in electronic form via telecommunication channels if it has received a respective confirmation from the transmitter, certified by the enhanced qualified digital signature of the other Party.
Each Party is entitled to suspend EDF in the following instances:
a) identification of technical failures of its automated EDF system;
b) any Party's failure to meet EDF and information security requirements established by legislation of the Russian Federation;
c) changes in bank and other details that are of the essence for determination of the legal status and identification of the Parties via the transmitter;
d) at the initiative of one of the Parties, subject to the conditions established by this clause of the contract.
EDF shall be suspended by the initiating Party's written notice of the other Party no later than 5 business days before the expected suspension date. The notice shall indicate the reason, the beginning date of the suspension, and the EDF suspension period. For the EDF suspension period, the Parties shall switch to hard-copy document flow, which policy and timeframes are agreed by the Parties within the terms of the contract.
EDF shall be renewed by written notice from the Party, which has initiated EDF suspension, of the other Party no later than 5 business days before the expected EDF renewal date. EDF shall be renewed at the appointed date, provided that the initiating Party has received a written consent from the other Party, which was sent by this Party no later than 1 business day before the appointed EDF renewal date.
Each Party shall be liable for all e-documents executed and handed over in accordance with the terms of the contract on behalf of this Party, including the case when an e-document was prepared and (or) handed over by a person not authorized thereto by this Party.
The Parties shall not be liable for non-delivery of documents in electronic form via a transmitter if contact details of the Parties registered with the transmitter do not correspond to the details provided in the contract.
In respect of all matters not stipulated hereby, the Parties shall be governed by the contract, the Civil Code of the Russian Federation, the Tax Code of the Russian Federation, Federal Law No. 63-FZ of April 6, 2011 "On Digital Signature", Federal Law No. 402-FZ of December 6, 2011 "On Accounting", and other laws and regulations of the Russian Federation.