This document is «LifeTelecom» Ltd. (TelMe and «Telphin») official offer (public offer) for any individual to enter into agential contract.
Agreement with the offer’s terms without exceptions and additions is an acceptance in accordance with Article 2 of Chapter 437 of the Civil Code of Russian Federation. In accordance with Article 3 of Chapter 438 of the Civil Code of Russian Federation the acceptance of the offer is equal to entering into contract on mentioned in the offer terms.
Any individual, who made an acceptance of this offer, in the order specified in offer, is considered to have entered into contract with «LifeTelecom» Ltd. on providing transmission services of voice data in the data transmission network on the terms, listed further in the Contract, and hereinafter referred to as «Client» .
«LifeTelecom» Ltd. (TelMe and «Telphin»), hereinafter referred to as "Agent", in the person of G.M. Tyurina М.М., acting on the basis of Charter, and "Client", ”, hereinafter together referred to as "Parties", have entered into contract about the following:
Acceptance - carrying on the procedure of registration in accordance with this Contract. Acceptance is complete and unconditional.
Contract - this document, including appendixes, additions and changes, approved in the order speciied in the Contract.
Client's personal page (My account) - electronic document on the site www.telme.ru, containing information about Client's balance, connected services and other necessary information.
Client's registration data - user's name - login, password and Client's code, Agent provides the Client with according to this Contract.
The Internet - freely organized international unity of autonomous interconnected nets, that support intercomputer cooperation by virtue of strict voluntary abidance of open protocols and procedures.
Tariffs - tariffs, published by the Agent on the site www.telme.ru and involving his agential reward, in accordance with which the Client pays for Services listed in this Contract.
1. THE SUBJECT OF CONTRACT
1.1. The Agent is obliged to carry through legal and other actions, directed at providing Client with the Services in the Internet at Client’s will for a fee in his own name and at Client’s expenses. Client’s order of legal actions means entering into and following the necessary civil legal contract (hereinafter – deal) for carrying through the work and providing services with appropriate third parties and making one-side deals related to such contracts by the Agent in his own name and at Client’s expenses.
1.2. The Client is considered to have signed the Contract only after taking all actions, covered in act 2.2 of this Contract, and in Appendix №1 (The order of registration).
1.3. The Agent is duty-bound to deal made by the Agent and the third party in his own name and at the Client’s expenses, even though the Client is mentioned in the deal or has entered into direct relations with the third party on the matter of executing the deal.
2. THE ORDER OF ENTERING INTO CONTRACT
2.1. The evidence of full and unconditional acceptance of terms of this Contract, including all Appendixes, is the implementation of the procedure of registration.
2.2. The procedure of registration consists of:
- confirmation of agreement with the terms of this Contract and wish to enter into contract in accordance with the Appendix №1 (the order of registration)
- filling the form by the person wishing to enter into contract in accordance with the Appendix №1 (the order of registration)
- confirmation of the fact of filling the form by committing acts in accordance with the Appendix №1 (the order of registration)
- receipt of the letter from the Agent containing Client’s registration data .
2.3. The Client, who accepted this Contact, is considered to have learned all the terms of this Contract, as well as all the Appendixes to it.
3. THE RIGHTS AND RESPONSIBILITIES OF THE AGENT
3.1. The Agent undertakes:
3.1.1. To fulfill the Client’s order in accordance with the terms of this Contract.
3.1.2. To provide the Client with his balance data by posting the information on the Client’s personal page.
3.1.3. To consult the Client on the phones, specified on the site www.telme.ru. The Client can also send an e-mail to firstname.lastname@example.org to get a consultation.
3.2. The Agent has the right:
3.2.1. Not to carry on actions regarding the Client’s order in case of zero or negative balance of the Client’s personal account.
3.2.2. To make changes to this Contract with the compulsory notification of the Client by posting the corresponding information on the site www.telme.ru no less than 10 (ten) days prior to the date the new changes come into force.
3.2.3. To inform the Client about the balance of his account, company’s news, introduction of new services and tariffs by means of sending him an e-mail on the address, specified during registration.
4. THE RIGHTS AND RESPONSIBILITIES OF THE CLIENT
4.1. The Client undertakes:
4.1.1. To learn the information about the Agent’s fulfilling the order and the information regarding this Contract including changes in the document, changes in tariffs and other information published on the site www.tekme.ru or in the Client’s account in the order specified in this Contract no less than one a week.
4.1.2. To inform the Agent immediately about the loss of the login, password and Client’s code by means of sending the appropriate message to email@example.com. In the body of the message the Client has to write his passport data, that was specified in his account.
4.1.3. To compensate the losses that the Agent suffered while fulfilling this Contract and pay the Agent his fee in accordance with the tariffs, specified on the site www.telme.ru, that include payment for the third party’s work, specified in the act 1.1 of the Contract and the fee for the Agent for fulfilling the actions in accordance with this Contract.
4.1.4. Not to use services with the violation of the legislation of the Russian Federation, including the distribution of advertisements without the prior user’s agreement or the addressee to receive adverts (spam), the distribution of advertisements with the use of means of choosing or dialing the user’s number without his involvement (autodial, automatic sending), etc., not to take other actions that can cause damage or anxiety to other users or consumers of the communication services and communication operators as well.
5. THE CONTRACT VALIDITY
5.1. The Contract is entered into for the indefinite term and comes into force from the moment of being entered into by Parties in accordance with this Contract.
5.2. The Client has the right to terminate this Contract unilaterally provided the Agent is informed 10 (ten) days prior to the moment of termination.
5.3. The Agent has the right to terminate this Contract unilaterally with the Client’s being informed in cases provided by the legislation of the Russian Federation and in such cases when the Client:
- orders the Agent to take actions aimed at achievement of illegal purposes,
- takes actions (intentional or unintentional) that prevent the Agent from fulfilling the commitments to the Client and/or other parties.
5.4. If the Client gives no orders to the Agent in 3 (three) months in accordance with this Contract, it is considered that the Client terminates the Contract unilaterally. Before terminating the Contract, the Agent sends the Client an e-mail to the address specified in the field of the fill during registration a warning about the possibility of the Contract’s termination in case the Client does not resume the usage of the Services before the date specified in this act.
6.1. The Client pays the fees by sending 100% prepayment in the amount enough for fulfilling the Client’s order in accordance with the tariffs published on the site www.telme.ru to the Agent’s current account specified in this Contract.
6.2. The amounts specified in the act 6.1. include payment for the third party’s work, specified in the act 1.1 of the Contract and the fee for the Agent for fulfilling the actions in accordance with this Contract.
6.3. The money sent by the Client in accordance with the act 6.1. of this Contract enroll to his account.
The Agent carries on the record of the incoming and debited money from the Client’s account. Data about the balance of the account is indisputable.
7. THE RESPONSIBILITIES OF THE PARTIES
7.1. The Agent is not responsible for the actions of the third parties and for the delay and interruptions in work that happen due to the reasons directly or indirectly lying outside the sphere of the Agent’s control. The Agent is not responsible for the data link provided by the Client’s provider.
7.2. The Agent is responsible for real damage caused to the Client only in case the damage is the result of the Agent’s guilty actions or omission.
7.3. The Client is not responsible for the actions of the third party that used his login, password and/or Client’s code.
The Client is responsible for keeping the information about login, password and Client’s code. The Agent is not responsible and does not reimburse direct or indirect losses occurred due to the unauthorized use of the login, password and/or Client’s code and other Client’s details.
7.4. The Client is responsible for the reliability of the information specified by him while entering into this Contract, fulfilling the procedure of registration. In case of changes in the specified details, the Client is obliged to inform the Agent via e-mail firstname.lastname@example.org about the changes immediately. In case the Agent is not informed about the changes in time, he is not responsible for the improper carrying on the obligations in accordance with this Contract, which require the changed details.
7.5. The Agent is not responsible for the normal functioning and the accessibility of the individual Internet segments.
7.6. The Parties do not take into consideration any third parties’ claims connected with the fulfillment of this Contract.
8. FORCE MAJEURE
8.1. The Parties are discharged from liability for complete or partial non-execution and/or improper execution of the obligations according to this Contract in case this non-execution and/or improper execution is caused by force majeure, which occurred after entering into this Contract as a result of actions of emergency nature out of control of the Parties, namely: natural disasters, explosions, fires, wars (including civil), strikes, blockades, epidemics, entering into normative acts that make it completely or partially impossible to execute the obligations according to this Contract, as well as failures occurring in telecommunications and energetic nets, the actions of malwares and other actions and events of this kind.
9. THE ORDER OF SOLVING CONFLICTS
9.1. The conflicts that occur in connection with the fulfillment of this Contract are solved with the compliance of compliant order.
The claims from the Client are taken into consideration in writing. The time for raising a claim on the issues of the quality and the fees for the services is 6 (six) months from the moment of offence. The claims on expiry of this time are not considered by the Agent.
9.2. If the conflict is not solved after considering the claim, it is subjected to review in the order provided by the legislation of the Russian Federation.
10. FINAL CONDITONS
10.1. All the actions, taken with the use of the Client’s registration data (login, password and/or Client’s code) are considered to be taken by the Client.
10.2. If the Client does not agree with the changes made by the Agent to this Contract in accordance with the act 3.2.5. he can terminate the Contract with the compulsory notification of the Agent in accordance with this Contract. If the Client continues using the services after the changes being made and the publication of the notification about the changes in accordance with this Contract, he is considered to have agreed with these changes.
10.3. All the Appendixes to this Contract are its integral part.
10.4. All the messages sent by the Client should be sent from an e-mail specified in the field "e-mail" in the fill during registration.
10.5. In case the Client is obliged to inform the Agent in accordance with this Contract, such a message should be sent via post, delivery or personally (or via representative) to the Agent's representative.
Representation has to be formalized in accordance with the legislation of the Russian Federation. Written claims on this Contract are sent in the same order that is for the written notices.
10.6. Names of the chapters and acts are not considered to be parts of the Contract and do not affect its interpretation.
10.7. Tariffs published on the site www.telme.ru by the Agent are considered to be the Appendix to this Contract and are its integral part.
10.8. The Client agrees on the processing of personal data under the Contract. This agreement is given in perpetuity. The agreement can be called back by means of the Client's written claim. By the processing of personal data is meant collection, storage, elaboration (updates and changes), usage, transference, deleting and other actions (operations) with personal data. By personal data is meant any information regarding the Client as a subject of personal data, including last name, fist name, patronymic, date and place of birth, address, passport data, contact information.
The Client agrees and submits that, in case of need The Agent has the right to present the Client's personal data to the third party for archiving the aims specified in this Contract. Such third parties have the right to proceed personal data on the basis of this agreement.
11. BANK DETAILS
Name: «LifeTelecom» Ltd.
Legal address: 61 Vyborgskaya st., Apt.301, Saint Petersburg, Russia, 197342
Actual address: 61 Vyborgskaya st., Apt.301, Saint Petersburg, Russia, 197342
Name of the bank: Saint Petersburg branch of «Bank of Moscow», Saint Petersburg
To the agential contract-offer
THE ORDER OF REGISTRATION
The person wishing to enter into agential contract with «LifeTelecom» Ltd. (TelMe and «Telphin») has to accept the offer containing all terms of the Contract, published on the site www.telme.ru.
Registration of the Client includes a few stages:
1. A person, who has learned the terms of the Contract and wishes to enter into the Contract has to tick the field "Agree" on the page of registration.
2. After the Person has submitted the agreement with the terms of the Contract and wish to enter into the Contract in accordance with the act 1.1. of this Appendix, the Person completes the fill that appeared on his screen, by means of filling the appropriate fields with the necessary and needed data, namely: first name, last name, e-mail.
The Person is responsible for the reliability of the data specified during registration. The Agent does not accept claims on data directly or indirectly regarding information specified during registration by the Person, who wishes to enter into contract.
After filling all the fields of the fill, the Person sends the fill to the Agent by clicking the "Send" button.
3. After completing the fill, the Agent sends a message with registration data and the setting instructions on the e-mail, specified by the Person during registration.
4. The Person becomes a Client and the Contract is considered signed from the moment the Agent sent a letter in accordance with the act 4 of this Appendix.
5. The Person who wishes to become a Client guarantees that he is completely capable adult (or emancipated) person capable of entering into contracts on the basis of the legislation of the Russian Federation.