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Yandex limits its liability to 10% of the cost of services under the contracts

Quickly overlooked the offer for the provision of services by Yandex, for example: The offer for the provision of services “Yandex.Direct” , and found the following item:

12.3. The aggregate amount of Yandex’s liability under the Contract, including the size of penalties (fines, penalties) and / or damages, for any claim or claim in respect of the Contract or its performance, is limited to 10% of the value of the Services under the Contract.

In principle, there are no complaints about Yandex, but there are a few general questions:
1. Does this clause of the agreement (offer) contradict any provisions of the civil legislation of the Russian Federation?
2. Where did this figure come from in 10%? Why Yandex, if he wants to protect himself from potential losses in various disputes and litigation, does not register in this offer a figure of 1% or 0% at all?

What else is interesting, earlier (namely, in the editions of the offer before October 10, 2006, inclusive), this item sounded different, namely:
12.3. The aggregate liability of Yandex under the Offer Agreement, on any claim or claim in respect of the Offer Agreement or its performance, is limited to the amount of payment paid to Yandex by the Advertiser under the Offer Agreement.


However, this clause was changed in the offer dated 10.15.2007 , where Yandex actually reduced the ceiling of its responsibility to 10% of the cost of services under the contract.
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PS All historical editions of the Yandex offer. Direct laid out here at the bottom.

Source: https://habr.com/ru/post/197126/


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