Terms of Use

 

PUBLIC OFFERING (FORMAL OFFER)

ON THE PROVISION OF SERVICES

 

 The limited liability company "Excitel (LLC“Excitel”), hereinafter referred to as the "Operator" offers a person, hereinafter referred to as "Subscriber" the present public offer about          provision of data transmission services for voice transmission, on the following terms:

 

1. Тerms and definitions

 

Contract is a contract on the provision of Services concluded between the Operator and the Subscriber on the terms and conditions of the present Offer at the time of Subscriber's acceptance of the terms of the present offer. Any reference in present Offer to Contract (article/paragraph of the Contract) and/or its conditions means the appropriate link to the present Offer (article/item) and/or its conditions.

Offer is the offer of the Operator, addressed to any person, to conclude the contract on the provision of communication services with him on the terms and conditions contained herein, including all its annexes and amendments.

The Acceptance is the consent of the Subscriber to receive telecommunications services from the Operator on the terms and conditions hereof.

Subscriber is a person who has concluded the Contract with the Operator on the terms contained in the present Offer.

Operator is limited liability company "Excitel", the Service provider.

Services are services including communication services provided by Operator to Subscriber on the terms and in accordance with the provisions of the Contract.

Authentication data is an unique username (login) and password of the Subscriber used to get access to a Personal account or to get access to the corresponding Service.

Private office is automated system of user maintenance hosted on the Operator’s server, and is designed for receiving of statistical information with the Subscriber about the volume of Services received and current status of customer's account, as well as obtaining feedback from Subscriber.

System Excitel is hardware/firmware Operator’s complex providing the Client application         linking-up and calls perfoming, as well as storing of operating and accounting information, including the website excitel.net.

Personal account is account of the Subscriber in the Excitel System that displays the balance of accounts, actually performed calls and other payment transactions.

The tariff plan is selected by Subscriber during registration in Excitel system a set of price conditions on which the Operator offers to use one or several services.

The Operator’s site is the web site at https://excitel.net/.

 

2. General provisions.

 

With signing the present Offer, the Subscriber gives his / her unconditional consent to the processing by the Operator of all the personal data which includes the collection, recording, systematization, accumulation, storage, specification, extraction, use, transfer, depersonalization, blocking, deletion and destruction of personal data for the execution of the Contract on the provision of Services for the duration of the contract and within 3 (three) years after its termination. The client reserves the right to withdraw his / her consent by drafting corresponding written document that can be sent to the Operator by post by registered mail with notification of the delivery or handed over personally against receipt of the representative of the Operator.

 

3. Agreement.

 

The operator undertakes to provide Services to the Subscriber, in the manner and on the terms stipulated in the Contract, and the Subscriber undertakes to pay for the Services in the manner and on the terms stipulated in the Contract.

Under the present Contract the Operator provides the following Service:

• "Call from the site" - redirecting of the call initiated by the visitor of Subscriber’s site to Subscriber’s call center or terminal equipment belonging to Subscriber;
• Calls outgoing from the Client application - communication service for data transmission for purposes of voice transmission in data networks (IP networks).

 

4. Rights and duties of Parties

 

a. the Operator undertakes:

To give the user the possibility of access to the Personal account.

To solve the problem, impeding usage of the services within 2 working days after submission of written request of the Subscriber.

To deliver a bill for communication services rendered using delivery method chosen by the Subscriber in his Cabinet.

To ensure technical quality indicators of Operator’s communication services, agreed individually with the customer.

Under observation of the terms of the present Contract by Subscriber, - to provide communication services to Subscriber and other services technologically inextricably connected with them, twenty four (24) hours a day, with the exception of breaks required to carry out the necessary repair and maintenance work.

To post information about maintenance and repair works planned on the official website of the Operator. To carry out activities associated with technical development and maintenance of the network, service extension, and repair and maintenance work in a time when it can inflict the least damage to the Subscribers as far as possible, considering possible deterioration and interruptions in the provision of communications services.

 To take the necessary steps to protect the personal data of the Subscriber and satisfy other requirements concerning maintenance of confidentiality of Subscriber information.

 

b. The operator has the right:

 

To amend and supply the provisions of present Contract. All the amendments and supplements to the Contract are published on the website of Operator. Notifications of such modifications or amendments are posted on the website of the Operator not later than 10 (ten) calendar days before they come into effect.

To cease  the provision of services in case of:

• The complete exhaustion of funds on the personal account of the Subscriber.
• Violation of the terms of present Contract or applicable law by Subscriber.
• The use of a Service to hold lotteries, voting, competitions, quizzes, advertising, polls, mass mailings, mass phone-calls and       call-down among clients who run into debt to notify of a particular debt related to various services/works.
• Installation gateways for access to Operator services by Subscriber or other activities leading to the incapacitation of equipment and devices of the Operator, and installation of robotic systems for automatic dialing and sending of voice messages.

In case of violation of the rules set forth herein by the Subscriber, including violation of the terms of payment for Services rendered, the Operator suspends the provision of services prior to elimination of breaches by notifying the Subscriber. In case of failure to eliminate such a violation within 6 months from the date of receipt of Operator’s notification of intent to suspend the provision of Services by the Subscriber the present Contract shall be deemed terminated by the Operator unilaterally.

To entrust a third party to enter into a Contract on behalf and for the account of Operator, and settle accounts with the Subscriber on behalf of the Operator. Under a Contract signed by a third party on behalf of the Operator, the rights and obligations arise directly for the Operator.

To cede the right to claim Subscriber’s existing debt to the Operator to third parties and to grant to third parties the personal data of the Subscriber to enable indebtedness collection.

 In emergency situations of natural and technogenic character the Operator is entitled to suspend or restrict the provision of telecommunications Services temporarily.

 

c. The Subscriber undertakes to:

 

Test for changes and additions to the present Contract, tariffs changes on the website of the Operator to comply with the requirements set out in the Contract.

Make timely and full payments for the Services identified in the Contract and in accordance with the rates, terms, pricing calculations and other terms of present Contract.

Support positive balance of his/her personal account, promptly making necessary payments using methods and on the terms provided in the present contract.

To ensure the confidentiality and security of Authentication data. In case of loss of Authentication data, or the availability of information on access of third parties to Authentication data to inform the Operator immediately. Not to provide information about the Authentication data to third parties.

Not to distribute Authentication information of third parties that use the Operator’s services in a shared network resources (forums, message boards, chat, etc.), and use these credentials to access the network. Violation of this paragraph of the Contract is the absolute right of the Operator for termination of the Contract unilaterally without compensation of any losses to the Subscriber.

Not to take actions that may lead to violation of normal work of other Excitel system users.

To provide the Operator with complete and correct information about his/her personal data for conduction and execution of the present Contract.

To inform the Operator in a period not exceeding 60 days of any changes concerning to surname (name, patronymic) and place of residence, names (brand names) and the location.

To keep in going order the subscriber line and the equipment located in Subscriber’s premises.

To keep equipment operating rules.

При не согласии с изменениями и дополнениями к Договору, в том числе изменением тарифов, Абонент обязуется немедленно прекратить пользование услугами Оператора и направить письменное заявление Оператору. Если Абонент по истечении вышеуказанного срока продолжает пользоваться Услугами Оператора, действие Договора продолжается с учетом внесенных изменений и дополнений.

In cases of disagreement with supplements and amendments to the Contract, including changes to the rates, the Subscriber undertakes to stop using the services of an Operator immediately and to send a written statement to the Operator. If the Subscriber continues using Operator’s Services for the period mentioned above, the Contract remain in effect with the changes and additions made.

 

d. The Subscriber has the right to:

 

Obtain necessary and reliable information about the Operator, work pattern, the Services provided under present Contract.

Use the Operator's Services in the manner and on the terms provided in present Contract.

 

5. Payments procedure

 

Services are provided in accordance with rates applicable at the time of provision of the Service and posted on the website of the Operator.

Payment is made by any of the methods provided on the website of the Operator.

If the Subscriber pays by credit card by entering card data in the dashboard, the Operator has the right to subsequent payments automatically using the specified map within the amounts provided for the selected Tariff plan. Acceptance of present Offer implies Subscriber’s consent to executing such operations. In accordance with the PCI DSS standart, the Operator does not store any data about the Bank card of the Subscriber.

The basis for billing the Subscriber shall be the data obtained with the equipment used by the Operator for the account of volume of rendered communication services on data transfer.

The operator takes into account the personal account of the Subscriber all information about the volume of Services consumed by the Subscriber with detailed (unscrambled) bill for Services provided by Operator as well as Subscriber’s payment information. The Operator provides the Caller access to information on his personal account on the Operator's website.

When it is not possible to make calls because of insufficient funds on the Subscriber's personal account, the Operator suspends the provision of Services.

Cashless payment is form of payment for Services provided by Operator established by present Contract. The Services are considered paid from the date of getting data about transfer of Subscriber’s funds to Operator’s account.

The subscriber pays to the Operator an advance payment in the amount of 100% (one hundred percent) of the total cost of services under present Contract prepared by the Operator.

 Within 5 (five) banking days after the provision of Services under present contract the Operator sends to the Subscriber two copies of act of acceptance of services rendered and the invoice (for legal persons using a common system of taxation). The subscriber undertakes either to sign the act within 3 (three) banking days after receiving it and send it to the address of the Operator or to send to the Operator a motivated refusal from signing the Act. The omission of the Subscriber indicates acceptance of the services rendered by Operator under present Contract on a full scale without demur. Acceptance by the Subscriber of the services under present Contract means their proper performing by the Operator.

 

6. The procedures for rendering services. The rescission of Contract.

 

After payment for services the Operator provides the Subscriber with access to the Excitel System for the purpose of execution of present Contract.

The operator has the right to replace Authentication information assigned to the Subscriber in the case that further provision of Services with use of former Authentication data is impossible.

 After the termination of the Contract the Parties make a settlement of all its obligations. Operator refunds of means unexpended on service payment upon written request of the Subscriber or his representative.

 

7. Liability of the parties. Guarantees.

 

The parties bear responsibility for non-performance and improper performance of their obligations hereunder in accordance with the terms of present Contract.

The operator under present Contract shall not be liable for:

• the quality of the services of other organizations to which the Subscriber has access through the Services of the Operator;
• the quality of the communication lines used by the Subscriber and provided by other organizations/operators;
• cases of information distortion and delays in the provision of Services due to technological reasons of an objective nature (including damage and maintenance work on communications, including from third parties);
• the deterioration of the quality of the connection (disconnection, noise waves) or termination of access to Excitel system, other deteriorations of the quality of communication, resulting from use by Subscriber of faulty equipment and unlicensed software, if such license is provided by the developer of the relevant software used to access to Operator’s services.

The subscriber bears responsibility established by legislation for the content of information transmitted when using the Services hereunder.

 The liability of the Operator under present Contract is limited with the cost paid by the Subscriber.

 

8. Circumstances of insuperable force.

 

In case of occurrence of circumstances of force majeure (natural disasters, floods, earthquakes, strikes, etc.) that prevented from fulfilling the obligations of the parties under present Contract, the terms of these obligations are prolonged for the duration of these circumstances.

The party invoking force majeure event, within 10 (ten) working days from the occurrence of these circumstances is obliged to provide document by a competent state body for their confirmation.

 

9. Other terms and conditions.

 

Each party is responsible for the accuracy of the information provided by the other Party in connection with the execution of present Contract.

All disputes arising during the term of present Contract, shall be resolved by the Parties through negotiation and upon failure to reach agreement in a legal procedure. The parties has agreed on a preliminary complaint procedure, namely: before applying to the court Party, whose rights have been violated, send the other Party a written claim in paper form. The party that received the claim shall send a response within 30 calendar days of receipt.