PUBLIC PROPOSAL (OFFER)

for concluding a contract on the provision of services

1. GENERAL PROVISIONS

1.1. The text of this offer (hereinafter referred to as the “Offer”) is addressed to any legal entity or individual (hereinafter referred to as the “Customer”) and is an official offer of LLC “O-2” (EDRPOU code 36376733) (hereinafter – referred to as the “Contractor”, which acts on the basis of the Extract from the Unified State Register, to enter into an agreement on the provision of electronic communication services (hereinafter – the “Agreement” and/or “Offer”), the list of which and the amount of payment are indicated on the website http://streamtele.com (hereinafter – the “Site”).

1.2. According to the provisions of Art. 633, 641 of the Civil Code of Ukraine, the terms of the public offer are the same for all Customers.

1.3. To use the services provided by the Contractor, the Customer must agree to the terms of the Offer.

1.4. Guided by the provisions of Part 6 of Art. 11 of the Law of Ukraine “On Electronic Commerce” dated September 3, 2015 (hereinafter – the “Law”) and in accordance with part 2 of Art. 642 of the Civil Code of Ukraine, the Customer agrees to the terms of the Offer in one of the following ways:

– to gain access to the Service, the Customer leaves an online application on the Contractor’s website, in which he enters his name, e-mail and phone number (primary personal data). By sending his personal data, the Customer (in case if it is an individual) gives his consent to the processing and storage of his personal data.

– by agreeing to the active button “I accept the conditions of the Offer”, which is placed under the items for the Customer to enter his personal data during registration.

– payment of services is an acceptance of this Offer.

1.5. From the moment of taking the actions specified in Clause 1.4 of the Offer, an agreement for the provision of services (hereinafter referred to as Services) has been concluded between the Parties on the terms specified in the Offer, which is valid until the Parties fulfill their obligations.

1.6. This Offer is a proposal to conclude a public agreement, which is also an agreement of accession, therefore it can be concluded only by joining the second party to the proposed contract as a whole. The other party cannot offer its terms of the agreement.

1.7. By agreeing to the terms of the Offer, the Customer confirms that he has carefully read all its clauses and the information published on the Site in full without any exceptions or limitations.

1.8. The Contractor has the right at any time to unilaterally change the terms of this Offer and the agreements concluded in accordance with it by notifying the Customer by posting information about the changes on its Site, not less than 7 (seven) days before the planned date of making changes. In case of disagreement with such changes, the Customer has the right to refuse further use of the Services and, in accordance with the procedure specified in the Offer, to demand the return of the unused advance payment, if such is available on the Customer’s personal account.

1.9. In the case of signing a written agreement between the Customer and the Contractor, from the moment of its conclusion, this Offer does not apply to the relations between the Customer and the Contractor, and they operate in accordance with the conditions specified in the written agreement.

1.10. With this Offer, the Contractor does not undertake any obligations other than those specified in the Offer and related to the provision of the opportunity to use the Services.

2. DEFINITION OF TERMS

2.1. By agreeing to the essential terms of the Offer, the parties agree that the terms will be used in the following sense:

“Public offer (offer)”, or “Offer” or “Agreement” – the Contractor’s offer addressed to an unlimited number of persons to enter into a contract with the indication of all necessary conditions.

“Customer” is a person who, in the manner specified in Clause 1.2 of this Offer, has concluded an agreement on the provision of services.

“Acceptance of an offer (acceptance)” – full and unconditional acceptance by the Customer of the proposal for the conclusion of the agreement on the terms determined by the Contractor.

“Site” – the Contractor’s website, located on the Internet.

“Account” – a record in the Contractor’s system (login / password pair or a special api key) that stores data that allows identification and authorization of the Customer and an authorized person (representative).

“Login” – an alphanumeric set of characters that identifies the Customer among other users of the Site.

“Password” – a secret word or a certain sequence of symbols intended for identification of the Customer.

“Electronic signature with a one-time identifier” – data in electronic form in the form of an alphanumeric sequence, added to other electronic data by the Customer who accepted the proposal (Offer) to conclude an electronic contract, and sent to the Contractor;

“User” or “Subscriber” – a consumer of electronic communication services of any Operator who is included in the database of recipients of the Customer’s sms messages and has duly given his consent to receive Messages from the Customer.

“Operator” – a legal entity – a resident of Ukraine, a provider of electronic communication services, which has the right to provide mobile communication services (Mobile communication operator) or to provide fixed telephone communication services using wireless access to an electronic communication network ( CDMA Operator), regardless of the standard, on the territory of Ukraine or other countries of the world.

“System” (Service) – a software and hardware complex belonging to the Contractor, which provides the technical possibility of providing Services, which allows the Customer to register, carry out work and control his Personal account, etc. Access to the System is granted to the Customer after registration.

“Personal account” – a multi-functional web interface of the Customer in the Service of the Contractor, which is a set of data of one copy of the System with a unique identifier, with the help of which objects of the Service are grouped for their joint display and use, access to which is carried out after authorization – entering a login and password

“Services” – services provided by the Contractor, specified on its website: https://streamtele.com/ for the performance of this Offer.

“Package” – the selected condition of the tariff plan.

“Technical support” – measures carried out by the Contractor within the limits and scope established by him to ensure the functioning of the Service, including informational and advisory support of the Customer on issues of using the Service.

“Alphanumeric Name” – unique combination of letters, or letters and numbers, used to ensure the provision of services, and which is used to exchange messages between the Customer and the User.

“National Alphanumeric Name” – an alphanumeric name agreed upon and included by the Operators of Ukraine in the list of National Alphanumeric Names.

“International Alphanumeric Name” – an alphanumeric name agreed upon and included by the Operators of Ukraine in the list of International Alphanumeric Names.

“Dynamic Alphanumeric Name” – a unique combination of Latin letters or a unique combination of Latin letters with Arabic numerals (up to 11 characters), which is chosen by the Customer at its own discretion from among the Alphanumeric names included in the list of Operators of Ukraine and which is displayed in the Messages sent to Users, as the Customer’s signature.

“SMS message” – a short text message containing information in a digital text format up to 160 Latin characters or up to 70 non-Latin characters, or each part of a combined message up to 140 bytes, or each binary message up to 140 bytes. Final fragments of combined text or binary messages less than 140 bytes in size are considered a separate sms message. In the case of sending two combined messages, their length will be equal to 306 and 134 characters, respectively, with three combined messages, their length will be 459 and 201 characters, respectively. When sending ten or more combined sms-messages, the Contractor does not guarantee the Customer the correctness of their delivery to the Users. In the case when the term “Message” is used to identify the information transferred by the Parties to each other, this term does not have the meaning “SMS-message”.

“Short number” – a number from the number resource of the Operator of Ukraine, which is used to transmit Messages from the Customer to Users on the Operators’ Electronic Communication Network, including in the case of technical impossibility of using an Alphanumeric Name or a Dynamic Alphanumeric Name.

“Spam message” or “Spam” is an electronic text message not previously ordered by Users, regardless of its content, or which meets at least one of the following criteria:

•   are delivered to Users without their prior consent or have led to complaints by these Users regarding their receipt;
•   is delivered to Users, encouraging them to call and/or send an electronic text message to the offered numbers, or to participate in any activities, or contain explicit or implicit offers to connect to the Operator’s network, which is different from the Operator’s network, whose subscribers receive the Message;
•   messages, the content of which contradicts the legislation of Ukraine or is illegal;
•   messages have the same text and are mass, that is, they are delivered to more than ten Users without their prior consent;
•   a message with the same or different text is delivered to the same User more than 10 times a day;
•   a message that will be prorated after receiving it for the User, provided that the User did not order such a message;
•   the message led to complaints by the User or the occurrence of obstacles of a technical nature in the operation of the System or the Operator’s telecommunications network;
•   the message does not contain the Customer’s service telephone line number.
•   the message does not contain valid information about the name, own postal address or the e-mail address of the Customer of these messages, provided that the User did not order such a message;
•   the subsequent received message cannot be terminated by the User by informing the Customer about it;
•   the message contains information that can be considered as pre-election campaigning or political advertising;
•   the message contains information of an erotic or pornographic nature;
•   the message contains advertising of gaming business entities (gambling games, casinos);
•   the message contains information of a religious (cult) nature;
•   the message contains advertising/information that contradicts the requirements of public morality, information that encroaches on the integrity of the territorial borders of Ukraine, violates the foundations of the constitutional order and contains information of discriminatory content, incites international or religious enmity, encroaches on the honor and dignity of a person;
•   the notification violates the procedure and method of providing advertising information, defined by the Laws of Ukraine “On Advertising” and “On Information”;
•   the message contains advertising of alcoholic beverages and tobacco products, signs for goods and services, other objects of intellectual property rights under which alcoholic beverages and tobacco products are produced;
•   the message contains viruses or other elements that can harm the operation of the electronic communications network/equipment of the Operators and/or the Contractor or the end equipment of the Users.
•   “Phishing message” or “Phishing” – a message that meets at least one of the following criteria:

– sent with the purpose of illegally obtaining confidential data of Users, confidential details of their payment instruments, information necessary for entering remote service systems, identifying information necessary for accessing bank accounts, as well as attempts to illegally obtain confidential information (this list is hereinafter referred to as – Confidential information);

– messages that use methods of psychological influence to induce Users to go to compromised sites and enter Confidential Information on them;

– a message that contains a link to sites whose domain name contains the name of state authorities, public organizations, financial institutions, official electronic portals of state authorities, registered trademarks, but is not sent by an official representative of state authorities, financial institutions, legal or individuals who own such trademarks;

– a message that contains links to sites whose domain name is similar to the names of state authorities, public organizations, financial institutions, official electronic portals of state authorities, registered trademarks;

– a message that, by misleadingly impersonating trustworthy persons, including legal entities, induces the User to voluntarily transfer Confidential Information;

– a message with the help of which there was an attempt (successful or unsuccessful) to illegally acquire the Confidential Information of the User, regardless of receiving complaints from such a User.

2.2. In the event that the Customer uses services for the transmission of messages received in the Viber application, the terms during the provision of such services will have the following meaning:

“Viber application” (or “Viber”) is a software application developed by the Viber Company, which includes VoIP technology, means of instant messaging to Users, other means of information exchange between Users and can be installed on mobile, tablet devices and personal computers;

“Messages” – informational messages (except for messages that do not meet the requirements of this Offer) for which the User has given prior express consent, which are formed and ordered by the Customer and transmitted to the end equipment of the Users through the Viber Application. The message can contain text (up to 1000 characters of the Cyrillic or Latin alphabet), images, buttons (with links to URL addresses) in any combination. Messages are divided into the following types by content:

“Transaction messages” – personal informational (service) and transactional messages of a non-advertising nature, containing information about a specific operation/transaction performed for a certain User (except for any Prohibited messages), to which the User has given prior express consent (processing orders/operations with the User’s accounts, notices about debiting/receipt of funds and other similar service (transactional) messages.

“Advertising and/or greeting messages” – messages containing advertising/advertising information and/or combined messages containing both advertising information and information about completed transactions/operations, etc. and/or messages containing greetings, as well as other messages (other than Transactional Messages) to which the User has given explicit consent (except for any Prohibited Messages and messages containing information/topics, the sending of which is not allowed/prohibited according to this Offer or current legislation).

“Viber Company” is a legal entity Viber Media S.àr.l., which is the owner of intellectual property rights to the Viber Application.

“Message transmission service through the Viber Application” (or “Service” or “Services”) – provision by the Contractor of the ability to transmit Messages from the Customer to the Users’ Terminal equipment through the Viber Application in accordance with the terms of this Offer, which is carried out by the Contractor providing the Customer with the Client API, access to the Web-Interface or by protocols: HTTP(S)/XML, SMPP, SMTP.

“Authorized persons (representatives)” – an individuals representing the Customer, to whom the Customer has given access to use his account in the System.

2.3. The above terms have the same meaning both when used in the singular and in the plural, as well as when specified with a capital letter and with a small letter. Other terms not defined in this and other sections of this Agreement shall have the meaning established by the current legislation of Ukraine or, in the absence of a definition in the legislation, the commonly used meaning.

3. SUBJECT OF THE AGREEMENT

3.1. In accordance with the procedure and under the conditions specified in this Offer, the Contractor shall provide the Customer with informatization consulting services on a paid basis, which shall consist of the following:

3.1.1. providing access to the Contractor’s Service;

3.1.2. ensuring the possibility of sending SMS messages through the Contractor’s System to public electronic communication networks, and the Customer undertakes to accept and pay for the Services provided in accordance with the terms of this Offer;

3.1.3. ensuring the ability to transmit Viber messages;

3.2. The customer undertakes to accept and pay for the provided Service in accordance with the terms of this Offer.

3.3. Services for using the Service are provided 24 hours a day, seven days a week without interruption (except for cases provided by law and this Offer). Accounting time for providing the service – Kyiv.

3.4. The conditions for providing the service for using the Service by the Customer are the payment of these services in accordance with the terms of this Offer, Viber Company Rules and Tariffs.

3.5. Tariff conditions (Tariffs) under this Offer are defined by the Contractor at the link: https://streamtele.com in the relevant sections on tariffs.

3.6. In case of agreement between the Customer and the Contractor, the latter provides the Customer with access to the Service for a free test period. The period of free trial use is agreed and specified separately in a letter sent to the e-mail specified by Customer during registration.

3.7. The use of the Contractor’s Service to obtain Services under this Offer is carried out through the Customer’s direct access to the Personal Account and/or through an integrated approach (API) and/or a combined method to the Customer’s system (if technically possible).

3.8. In case of non-agreement of the terms of paid use of the Service or the absence of a response from the Customer or the absence of other additional agreements of the Parties, within one calendar day from the date of the end of the test period, access to the Service will be terminated.

3.9. The Contractor grants the Customer the right to use the Service without restrictions on the territory in the manner and under the conditions stipulated by the current legislation of Ukraine and this Offer.

3.10. When new functions appear in the system, in addition to functions developed by order of the Customer, the Contractor has the right, at its discretion, to demand additional payment in case of their use by the Customer.

3.11. In case of development by the Contractor of functions that were developed by order of the Customer, payment of the cost of such functions shall be made by the Customer in accordance with the invoice issued by the Contractor, unless the Parties agree otherwise in writing.

3.12. Assignment (transfer) of rights and obligations is carried out only under the condition of full and unconditional agreement of the new Customer with all provisions and conditions of this Offer.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The Contracor is obliged to:

4.1.1. to provide the Customer with Services in accordance with the conditions specified in this Offer.

4.1.2. provide access to the Customer’s Personal account using a login and password.

4.1.3. provide the Customer in the Personal account through the Contractor’s Site or through the API and/or a combined method, the opportunity to:

•   submit for registration for verification and track the status of each Alphanumeric name submitted for registration to the Performer;
•   control and/or create and/or delete and/or edit Customer’s user databases.

4.2. The Contractor has the right to:

4.2.1. receive payment according to the terms of this Offer;

4.2.2. to terminate the provision of Services to the Customer in case of breach by the Customer of its obligations set forth in this Offer;

4.2.3. allow or prohibit the transmission of SMS-messages for such Alphanumeric Names that meet or do not meet the requirements of this Offer.

4.2.4. reduce (suspend) the provision of Services for the period of scheduled or unscheduled maintenance, as well as repair of the Contractor’s Equipment and/or Electronic communication networks of providers of electronic communication services used for the provision of Services.

4.2.5. refuse to carry out (or block) the transmission of Messages for Users on the Electronic communication network of the Operators, if the Messages do not meet and/or contradict the requirements stipulated in this Offer;

4.2.6. verify the Alphanumeric Names or Dynamic Alphanumeric Names used by the Customer during any Billing Period. If the Contractor discovers that the Alphanumeric Names or Dynamic Alphanumeric Names do not comply with the requirements established by this Offer, the Contractor has the right to stop the transmission of Messages under such Alphanumeric Names or Dynamic Alphanumeric Names and impose fines on the Customer;

4.2.7. to check the compliance of the text of the Messages with the terms of this offer, the legislation and the terms of the Viber company, independently include own test telephone numbers in the list of telephone numbers of the Users of the corresponding newsletter of the Customer’s Messages.

4.3. The Customer is obliged to:

4.3.1. comply with the terms of the proposed Offer, including, but not limited to, the agreed subject of Messages;

4.3.2. to pay for the ordered Services in the amounts and within the terms established in accordance with the Tariffs posted in the Personal account;

4.3.3. prevent the use of the Contractor’s System to commit illegal actions or actions contrary to the interests of national security, defense and law enforcement;

4.3.4. mandatory first receive from the User, to whose phone it is planned to send SMS-messages with the Customer’s information, a clearly expressed and recorded consent to receive such messages;

The Customer, within 2 (two) working days from the moment of receiving the relevant request from the Contractor, must provide written confirmation that the User has duly given his consent to receive Messages from the Customer, or written confirmation and justification of the absence of spam in the Message/Messages. The written confirmation must contain the explicit consent of the User to receive Messages from the Customer, as well as the last name, first and last name, phone number and personal signature (electronic signature is allowed) of the User, as well as the date of receipt of consent;

4.3.5. prevent the sending of messages using the System that are Spam or have the characteristics of Spam;

4.3.6. do not allow sending using the System Messages that are Phishing or have signs of Phishing;

4.3.7. inform the User of the SMS-message about the possibility and method by which the User to whom the SMS-message is addressed can opt out of further receiving SMS-messages sent using the System.

4.3.8. in the case of the User’s appeal to refuse further receipt of Messages, or the Contractor’s notification of this, or the Customer’s discovery of signs of spam in the Message/Messages by the Customer independently or after receiving a request from the Contractor, the Customer is obliged to immediately stop sending the Messages in respect of which this information was discovered or applied by the User, and immediately, within the day of discovery, notify the Contractor about it. The owner of the database of Users’ phone numbers is the Customer. In the event that Users present complaints/claims/lawsuits to the Contractor or the Operator regarding the received Messages, the responsibility for such complaints/claims/lawsuits shall be borne by the Customer.

4.3.9. submit for approval to the Contractor the layouts of all advertising materials, which include references to the name of the Contractor and/or the Operator, or to signs for the goods and services of the Contractor and/or the Operator, or to the Services. Publication of such materials is possible only on the basis of the prior written consent of the Contractor and/or the Operator and the approval by the Contractor and/or the Operator of the layouts of the above-mentioned materials.

4.3.10. to send Messages, only after receiving the prior written approval of the text of the Messages from the Contractor, as well as the method and mechanics of their sending, in the event that such Messages contain or have the following characteristics:

•   provision of information (including advertising) about medical services or medical drugs
•   provision of information (including advertising) about food additives;
•   provision of information (including advertising) about public organizations;
•   provision of information (including advertising) relating directly or indirectly to minors;
•   provision of information (including advertising) in the form of a cross-reference in the text of the Message.

“Cross-linking” should be understood as providing information, the source/primary source of which is not the Customer and/or providing information (including advertising), the content of which does not correspond to the topic of the Messages and does not correspond to the topic/trademark, etc. of the Alphanumeric/Dynamic Alphanumeric name , such as, but not limited to: providing information on events/services/goods/promotions of third parties who are partners/clients of the Customer and/or conduct the specified events/promotions in conjunction with the Customer, and/or involved the Customer in the promotion of their own events/services/goods/promotions etc.

4.4. The Сustomer has the right:

4.4.1. for registration in the Contractor’s Service within the framework of this Offer;

4.4.2. in accordance with the selected type of tariff and package, place the data belonging to him in the Account, if this does not violate this Offer and the legislation of Ukraine.

4.4.3. send more than 500,000 Messages within one calendar day only after receiving prior approval of such sending from the Contractor. For this purpose, the Customer must notify the Contractor’s authorized person by e-mail about such shipment at least one working day before the scheduled shipment date;

4.4.4. To receive information about the status of messages sent for sending through the Service of the Contractor;

4.4.5. Independently determine the amount of replenishment of the Electronic virtual account.

4.4.6. To return the unused advance. Funds shall be returned in accordance with the requirements of the law from the date of receipt by the Contractor of a corresponding written request from the Customer and/or his authorized representative. For this:

•   the customer – an individual – undertakes to indicate in the application: surname, first name, place of residence of the Customer (full address and zip code), series and number of the passport and registration number of the tax payer’s registration card and/or passport document in the ID card form, personal account identification data in the Contractor’s system, bank details for refunds, individual tax number of the taxpayer, as well as the date and number of the Contract under which the Services are received. Copies of the above documents are attached to the application;
•   the customer – legal entity – undertakes to indicate in the application: name, location, code according to Unified State Register, personal account identification data in the Contractor’s system, date and number of the Agreement under which services are received, bank details for refund.
•   bank accounts/cards to which the unused advance is returned must be registered with the Customer.

4.4.7. Contact the Contractor with complaints and suggestions for improving the quality of the services provided.

5. PROCEDURE FOR USING THE SERVICE

5.1. Registration.

5.1.1. In order to use the Service, the Customer must go through the registration procedure, as a result of which a unique Bill and Account will be created for the Customer. To add Authorized Persons (representatives), the Customer must independently create accounts for them using the Service and give them access to the Account;

5.1.2. For registration, the Customer undertakes to provide reliable and complete information about himself and Authorized Persons (representatives) on the issues proposed in the registration form, and to keep this information up to date;

5.2. Login and password for accessing the account of the Customer or the Authorized person (representative);

5.2.1. When registering, the Customer or the Authorized Person (representative) independently chooses a login (the unique symbolic name of the account of the Customer or the Authorized Person (representative) and a password for accessing the account. The Contractor has the right to prohibit the use of certain logins, as well as set requirements for the login and password (length, permissible characters, etc.);

5.2.2. The Customer or the Authorized Person (representative) is independently responsible for the security (resistance to guessing) of the password chosen at their own discretion, and also independently ensures the confidentiality of their password. The customer is solely responsible for all actions / inaction (as well as their consequences) within the framework of or using the Service under his Account, including cases of voluntary transfer or non-compliance with the confidentiality of data for access to his account to third parties under any conditions (including including under agreements or contracts);

5.2.3. The Customer is obliged to immediately notify the Contractor about any case of unauthorized access to the Service using his account and / or about any violation (suspected violation) of the confidentiality of his password. For security purposes, the Customer is obliged to independently perform a safe termination of work under his account (“Logout” button) after the end of each session of working with the Service. The Contractor is not responsible for the possible loss of data, as well as other consequences of any nature that may occur due to the Customer’s violation of the provisions of this part of the Offer;

5.3. Account deletion. The Contractor has the right to block and delete the Customer’s Account, including all content, without explaining the reasons, in case of violation of the terms of the Offer, actions that can harm the system or the reputation of the company, in accordance with this Offer. From this moment, recovery of the account, any information related to it, as well as access to the Service using this account is impossible.

5.4. The customer and/or authorized persons (representatives) have no right to take actions that may cause:

5.4.1. disruption of the functioning of the Contractor’s equipment and network;

5.4.2. disruption of the Service or limitation of other users’ ability to use the Service;

5.4.3. unauthorized access to the Service, as well as information and computing and network resources of the Contractor;

5.4.4. causing or threatening to cause damage to third parties, including by posting information and links to network resources, the content of which contradicts the current legislation of Ukraine

5.5. The Customer is not given the opportunity and the right to independently modify the Service.

5.6. The Customer independently ensures the availability of equipment for using the Service and accessing the Internet.

5.7. The Customer guarantees that he has all necessary rights to all data, computer programs or services used by him in connection with the use of the Service, and that such actions do not violate the rights of third parties.

5.8. The Customer has no right to use the Service in ways other than those specified in this Offer, as well as to copy, sell and resell it or access to it, except in cases where the Customer has received such permission from the Contractor in writing, executed in accordance with the requirements of the law.

6. ALPHANUMERIC NAME REQUIREMENTS

6.1. The length of the Alphanumeric name cannot exceed 11 Latin characters;

6.2. It is forbidden to use the following in an alphanumeric name:

• symbols (in particular, the following {| , ; % ’ # % ! ^ = [ ] ( ) \ / ~ <>}”) (only numbers and letters of the Latin alphabet are allowed);
• names of mobile operators and their derivatives;
• swear words;
• telephone numbers;
• short numbers;
• proper names (Vasya, Masha, etc.);
• incomprehensible words (ght, asdf, …etc);
• common names;
• company brands / trademarks without written confirmation (official letter or contract) of the right to use the brand / trademark from its owner, names that infringe the rights of third parties.

6.3. It is forbidden to use combinations of Latin letters and/or numbers (words) in the Alphanumeric Name, which:

• promote war, national and religious enmity, changes in the constitutional order or territorial integrity of Ukraine or another country;
• promote fascism or neo-fascism;
• humiliate or offend a nation/race or a person based on national/racial characteristics;
• promote disrespect for national and religious shrines;
• humiliate a person, are a manifestation of bullying due to physical defects (mutilation), mentally ill, elderly people;
• promote ignorance, disrespect for parents;
• promote drug addiction, drug addiction, alcoholism, smoking and other bad habits;
• have a sexual or erotic nature;
• contain profanity;
• contain signs for goods and services, or telephone numbers, or proper names for which the Customer cannot confirm the right to use them, etc.;
• represent a random set of letters and/or numbers, the combination of which is insufficient to identify the Customer as the sender of the Message.

7. NOTICE REQUIREMENTS

7.1. The Customer independently or with the help of third parties forms the content of Messages based on the following topics:

7.1.1. Notifications about banking services (bank card transactions, loan balances, loan payment deadlines, etc.);

7.1.2. Registration on Internet sites;

7.1.3. Messages from taxi services;

7.1.4. Other round-the-clock service messages previously agreed with the Contractor;

7.1.5. Notification of insurance companies;

7.1.6. Notification of transport companies, except for taxi services;

7.1.7. Advertising messages;

7.1.8. News;

7.1.9. Advertisement;

7.1.10. Greeting;

7.1.11. Participation in promotions and raffles from manufacturers of goods and services;

7.1.12. Other Messages to which the User has given his consent.

7.2. Requirements for Messages that are created within the framework of service provision:

7.2.1. The message consists of no more than 160 Latin characters, or no more than 70 Cyrillic characters (even if at least one character is written in Cyrillic), including spaces and other characters, in case of exceeding such limits, the message is divided into parts, each of which is sent and is billed as a separate Message;

7.3. It is forbidden to use short numbers in the message text;

7.4. It is forbidden to use offers to send a message or make a call to a short number in the text of the Message;

7.5. The text of the message must contain contact information or a phone number or website, with which the User can refuse the mailing or receive additional information about the content of the message;

7.6. It is forbidden to use in the text of the message:

• calls for violence or threats;
• political campaigning;
• obscene language;
• themes of religion, racism, terrorism;
• text that can be considered as fraud;
• links to sites that contain “adult content”, advertisements for “adult” services.

7.7. The Customer guarantees the Contractor that:

7.7.1. the content of messages regarding which the Services are provided complies with the norms of the current legislation of Ukraine, in particular the Laws of Ukraine “On Copyright and Related Rights”, “On Advertising”, “On Elections of People’s Deputies of Ukraine”, “On Elections of the President of Ukraine”, etc., as well as the norms of international law ;

7.7.2. will not send spam messages to Users.

7.8. Advertising messages are blocked at night. The Customer undertakes to send Messages through the Contractor’s Service, for the purpose of their further transmission by the Contractor for Users to the Operators’ electronic communication networks, at the following distribution hours:

7.9. Notification according to paragraphs 7.1.1. – 7.1.4. of this section can be sent by the Customer between 00:00 and 24:00.

7.10. Notification according to paragraphs 7.1.5. – 7.1.12 of this section can be sent by the Customer between 9:00 and 20:00 (on working days) and between 11:00 and 18:00 (on non-working days and holidays).

8. COST OF SERVICES AND PROCEDURE OF CALCULATIONS

8.1. Payment for the Services is made in the national currency of Ukraine in accordance with the tariffs established at the time of the provision of the Service on the basis of 100% prepayment, with the indication of the data necessary for crediting the funds to the Personal account in the payment order.

8.2. The Customer pays for the Services provided by the Contractor in accordance with the current Tariffs indicated in the user interface of the Personal account or sent to the Customer in the Commercial Offer in an email to the Customer`s official mail.

8.3. Tariffs on the Site in public access or listed are excluded for informational purposes and are not the terms of this Offer.

8.4. The Contractor has the right to unilaterally change the cost of the Services by notifying the Customer of the changes, at his option, by sending a notification to the Customer’s email address or by displaying information in the Personal account no more than 7 (seven) days before the date of entry into force of the new Tariffs, at the same time, price changes take effect from the moment they are displayed in the Personal account;

8.5. The Customer pays for the Services using cash registers, bank branches, payment terminals, Internet payment systems and other methods specified by the Contractor, while the Customer pays all bank transactions (commissions) at his own expense. The Contractor is not responsible for the actions and/or inaction of banking and financial institutions, nor does it affect the amount of commissions for money transfers from the Customer to the Contractor;

8.6. Funds paid by the Customer are credited to the Personal account within 24 (twenty-four) hours from the moment they are credited to the Contractor’s current account. The Customer has the right to receive Services provided that the balance of payment and funds used are positive in accordance with the Personal account data;

8.7. After sending the messages, the Customer’s balance is reduced in proportion to the cost of sending the Messages. In the case of a zero or negative value on the Customer’s balance, messages are not sent. In the event that messages are sent on the basis of numbers, the number of which exceeds the balance, then the messages will be sent for the number of Messages for which there are enough funds on the Customer’s balance;

8.8. The formation of invoices is carried out at the request of the Customer;

8.9. At the Customer’s request, no earlier than 5 (five) working days from the end of the Reporting Period, the Contractor shall provide the Customer with an act of services provided (which is a confirmation of the services provided under this Offer), signed by him in 2 copies.

8.10. Within 5 (five) days from the date of receipt of the act of services provided, the Customer undertakes to sign it and hand over a second copy to the Contractor or, within the same period, to send the Contractor his motivated comments on the act of services provided in writing.

8.11. In the event that the Contractor does not receive a second copy of the act of services provided or motivated comments to the act of services provided in writing, in the specified in clause 8.8, signed by the Customer. term, provided in the reporting period, the Services are considered accepted by the Customer in full according to the act of services provided, signed by the Contractor.

8.12. All calculations under this Agreement are carried out in accordance with the statistical and billing data of the Contractor, including those displayed on the Electronic Virtual Account.

9. RESPONSIBILITY OF THE PARTIES AND DISPUTE RESOLUTION PROCEDURE

9.1. The service is provided on an “as is” basis. The Customer is aware of the functional limitations of the Service and confirms that they may be applicable for his specific purpose within the framework of the functional capabilities of the system

9.2. The Party that caused damage to another Party undertakes to compensate such Party for direct, documented damages.

9.3. The Customer is independently responsible for the security of the password chosen by him, and also independently ensures the preservation and confidentiality of his password.

9.4. The Contractor shall not be liable to third parties for the Customer’s violation of the terms of the Agreement. All responsibility for compliance of advertising services and materials provided for in this Agreement with the current legislation of Ukraine is fully borne by the Customer.

The Contractor does not bear any responsibility under this Agreement and does not provide guarantees regarding the delivery of Messages for Users under this Agreement in cases where the User is outside the reach of the Electronic communication network of the relevant Operator or in the area of unstable coverage; in the event of the User turning off (disconnecting) the terminal equipment belonging to him in the event of improper operation of the Operator’s electronic communication network, access to which is used by the Contractor to provide Services under this Agreement; in the case of sending Messages to Operators of other cranes in the world; in case the text of the Message consists of more than three parts, each of which consists of 153 characters when using the Latin alphabet or 67 characters when using the Cyrillic alphabet; in the event that the User’s terminal is not certified or is prohibited in the network or the country on the territory of which the User receives the Message; in case of other hardware or software problems with the User’s terminal or errors of the Customer’s systems or personnel.

9.5. The Contractor is not responsible for the content of SMS messages sent by the Customer using the System.

9.6. Upon detection of the fact of sending by the Customer using the Spam System, or Messages that have signs of Spam, or violation by the Customer of other obligations stipulated by this Offer, the Contractor has the right to immediately stop providing the Services to the Customer.

9.7. Upon detection of the fact of sending by the Customer using the Phishing System, or Messages that have signs of Phishing, or violation by the Customer of other obligations stipulated by this Offer, the Contractor has the right to immediately stop providing the Services to the Customer.

9.8. In the case of sending by the Customer using the Phishing System, or Messages with signs of Phishing, the Contractor has the right, at his choice, separately or simultaneously:

• Immediately terminate or suspend the provision of Services;
• Terminate this contract unilaterally;
• Withhold from the Customer a fine in the amount of the cost of unsent Phishing messages, by independently withholding the relevant funds from the Customer’s Electronic virtual account.

9.9. In the event of delay in providing the Services to the Customer for a period of more than 5 days from the date of mailing and the Customer taking all necessary actions to start such mailing due to the Contractor’s fault, the Contractor shall pay the Customer a penalty in the amount of the National Bank of Ukraine accounting rate for each day of delay.

9.10. In the event that the Customer sends Spam using the Spam System, or Messages that have the characteristics of Spam, or the Customer violates other obligations stipulated by this Offer and/or the legislation of Ukraine, the Contractor has the right, at his choice, separately or simultaneously:

• Terminate or reduce (suspend) the provision of Services;
• Terminate the Agreement unilaterally;
• Withhold from the Customer a fine in the amount of the cost of undelivered SMS-messages, by independently withholding the corresponding funds from the Customer’s electronic virtual account;
• Demand full compensation for damages;

9.11. The Contractor shall resume the provision of Services if, as a result of an internal investigation, after consulting with the Customer and receiving his written explanations, the fact of the Customer’s violation of his duties has not been confirmed.

9.12. The Services are provided by the Contractor on an “AS IS” basis, which in particular, but not excluded, implies the absence of any guarantees of delivery of each message to Users, guarantees of smooth functioning of the System and technical support.

9.13. In the event that Users present complaints/claims/lawsuits to the Contractor or the Operator regarding the received Messages, which arose due to the Customer’s fault, such complaints/claims/lawsuits shall be satisfied by the Customers with their own efforts and at their own expense.

9.14. All disputes between the Parties shall be resolved through negotiations. In the event of failure to reach an agreement through negotiations, they are considered in a court of law according to the established jurisdiction and jurisdiction of such a dispute in accordance with the current legislation of Ukraine.

9.15 The Customer fully compensates the damages incurred by the Contractor due to the violation of the terms of the Offer, and also, at the request of the Contractor, pays (advances) compensation even for damages not actually incurred by the Contractor in the event that, according to the norms of current legislation or contracts concluded by the Contractor to ensure the performance of this Agreement, due to a violation Fines may be applied to the Customer for its obligations under this Offer, to the Contractor by its counterparties or state institutions (bodies) or claims for damages may be made. In case of receipt of a letter, notification or other document, from which it can be seen the fact of the application of such fines to the Contractor or the presentation of claims for compensation for damages, the Customer is obliged to pay the fees specified in the letter, notification within three days from the date of receipt of information about this from the Contractor or other document from the Customer’s counterparty or state institution (body).

10. TERMS OF USE OF PERSONAL DATA

10.1. By accepting the terms of this Offer, the Customer consents to the use and automated processing of data, both personal and/or identifying, as well as personal data of subjects whose personal data is transferred/reported in the course of fulfilling obligations under this Offer, through their collection, receipt, systematization, accumulation, storage, clarification, use, depersonalization, blocking, deletion, destruction, as well as any other actions related to the processing of relevant data, as well as their transfer to third parties, if does not contradict the Law “On Personal Data Protection”.

10.2. The agreement is valid for the entire term of the Agreement and the Customer’s use of the Service. The Customer understands and agrees that in the event of withdrawal of this consent, he is deprived of the opportunity to use part or all of the services of the Service.

11. CONFIDENTIALITY

11.1. In accordance with the terms of this Offer, any information and data received by the parties after the Customer has accepted the terms of this Offer are strictly confidential and are not subject to disclosure and transfer to third parties, with the exception of cases provided for by law.

11.2. Non-fulfillment of obligations regarding the preservation of the confidentiality status provided for in clause 11.1. of this Offer is the basis for compensation of damages caused to the affected Party in full.

11.3. The parties undertake to comprehensively assist each other in protecting their interests against unscrupulous actions by third parties.

11.4. None of the Parties has the right to transfer its rights and obligations under the Agreement to another person without the written consent of the other Party.

12. COPYRIGHTS AND TRADEMARKS

12.1. The service is the result of intellectual activity and the object of copyrights, which are regulated and protected by the legislation of Ukraine on intellectual property and norms of international law.

12.2. The Service’s work algorithms and its source codes (including their parts) are the Contractor’s trade secrets. Any of their use or use of the Service in violation of the terms of this Offer is considered a violation of the Contractor’s rights and is sufficient grounds for depriving the Customer of the rights granted under this Offer.

12.3. Liability for copyright infringement occurs in accordance with the current legislation of Ukraine.

12.4. A valid Offer does not grant the Customer any rights to use the trademarks and Service Marks of the Contractor and/or its partners.

12.5. The Customer may under no circumstances delete or make inconspicuous the information and information about copyrights, rights to trademarks or patents specified in the Service.

13. TECHNICAL SUPPORT

13.1. The Contractor provides Technical Support to the Customer, including issues related to the functionality of the Service, features of operation on standard configurations of supported operating, postal and other systems in the order and under the conditions specified in the technical documentation for it.

13.2. The Customer has the right to contact the Technical Support Service of the Contractor without payment of an additional fee by email, phone and other methods indicated on the website

13.3. In order to provide Technical Support, the Contractor has the right to request from the Customer the provision of information related to account data, technical characteristics of the equipment and other information necessary for the provision of Technical Support.

13.4. Technical support contact details:

tel. +380 (44) 300-21-11;

tel. 0800 35 2111;

Email: [email protected]

14. FORCE MAJEURE CIRCUMSTANCES

14.1. In accordance with the terms of this Offer, the Parties are released from responsibility for non-performance/improper performance of their obligations under this Offer, if such non-performance/improper performance is the result of unforeseen and unavoidable circumstances (force majeure) that did not exist on the date of acceptance of the terms by the Customer this in the order she established.

14.2. Force majeure circumstances include: circumstances of force majeure or events of an extraordinary nature, such as war, fire, flood, earthquake; intervention of state authorities, through the adoption of regulatory acts and/or actions that make it impossible to fulfill the provisions of this Offer (except for acts/actions taken directly in relation to one of the Parties), which arose after agreeing to this Offer, which the Parties could not foresee or prevent acceptable measures, if these circumstances affected their fulfillment of their obligations.