1. By paying for packages of minutes for the purpose of using the Telephone Channel, the Licensee agrees to the rules set forth in the Application and the Agreement.
The rules set forth in the Appendix shall operate additionally and simultaneously with the rules set forth in the Agreement.
2. In order to use the Telephone Channel, the Licensee pays for the selected package of minutes according to the tariffs in advance.
The monthly cost of using the Service may or may not include the cost of the Telephone Channel parameter.
When using the number of base minutes included in the corresponding tariff, the Licensee has the right to purchase additional packages of minutes at the cost specified in the Appendix.
By paying the cost of using the Service with the included cost of the Telephone Channel parameter or the cost of a package of minutes, the Licensee agrees to the tariffs set for the Telephone Channel.
3. When using the Telephone Channel, the Licensee agrees that for the purposes of billing, the duration of a telephone call less than 15 (fifteen) seconds is rounded up to 15 (fifteen) seconds. It does not matter who initiated the termination of the telephone call.
Example:
- a phone call less than 15 seconds equals 15 seconds;
- a phone call for more than 15 seconds and less than 30 seconds is equal to 30 seconds when billing;
- a phone call lasting 1 minute 5 seconds is equal to 1 minute 15 seconds when billed;
- a phone call lasting 1 minute 16 seconds for billing purposes is equal to 1 minute 30 seconds.
4. The number of base minutes not used in the current Reporting Period is not transferred to the next Reporting Period. Additional minutes packages unused during the Reporting Period shall be transferred to the next Reporting Period
During the Reporting period basic minutes are spent for the first, then the additional packages minutes.
5. In the event that the Licensee has spent all the minutes before the expiration of the Reporting Period, then the use of the Telephone Channel is suspended until the payment for a new package of minutes made.
6. For start using the Telephone Channel, Licensee shall set up a permanent number that will be used for making telephone calls by connecting SIP-telephony (Session Initiation Protocol).
The Licensee shall be able to connect SIP-telephony in the settings of his Account as follows:
- you must go to the Account;
- select the "TELEPHONE SETUP" tab.
Basic SIP telephony settings include: - login;
- Password;
- Host / IP;
- port;
- Use for incoming telephony;
- The number of lines available.
Advanced SIP telephony settings include: - Registration requirement;
- Connection check;
- Protocol;
- Sound codecs;
- Prefix numbers;
- Replacing / deleting the first digit in the number with an outgoing call;
- The number of calls per second (cps);
- Use of direct media when transferring a call;
- SIP headers.
After Licensee completes all the necessary fields in the abovementioned list, the corresponding new connection shall be displayed.
Connecting SIP-telephony, the Licensee has the following rights:
- create an unlimited number of SIP connections;
- add a new or delete an existing connection at any time;
- select the connection that will be used by default;
- use a SIP connection for other purposes (not related to the use of the Software).
The Licensee's use of SIP telephony does not change the billing scheme chosen by the Licensee.
7. In order to use the Telephone Channel, the Licensee independently determines the content of voice messages, the Users-recipients of the Licensee's voice messages and the time of sending the Licensee's voice messages.
8. The licensor is not entitled to edit and otherwise influence the content of voice messages. The licensor has the right (but not the obligation) to check the content of voice messages.
9. The Licensor does not guarantee that all Users of the Licensee will receive voice messages.
In the Account, the Licensee may be provided with information about the Licensee's Users who were dialed, as well as the reaction of such Users to a voice message, and information about the Licensee's Users who were not dialed (indicating the number of dialing attempts). The Licensee himself chooses the number of attempts to call the Licensee's User (the maximum number is 3 times).
10. The Licensee is fully responsible to the Licensor, Users and third parties, in particular, the competent state bodies, for the content of voice messages and the fact of their acceptance and transmission, and undertakes to independently provide information and reports to the relevant state bodies, obtain all licenses at its own expense and permissions required to carry out the above activities.
11. The Licensee undertakes to obtain the consent of the Users to whom voice messages are sent for the Users to receive such voice messages of the Licensee in the manner and in the form provided by the applicable law, if obtaining consent is provided for by the applicable law. The Licensee undertakes to provide the Licensor, within 2 (two) business days from the date of receipt of the relevant request from the Licensor, documents confirming the fact that the Licensee has fulfilled the requirements of this paragraph.
12. The Licensee undertakes not to use the rights and / or technical capabilities to carry out actions prohibited by the applicable law.
13. The Licensee is obligated to provide the Users with complete and reliable information provided for by the applicable law. The Licensee is responsible for the completeness and accuracy of the information provided to Users.
14. The Licensee hereby undertakes, independently and at its own expense, in ways that exclude the Licensor from incurring losses, to consider and resolve claims, complaints and other appeals of Users and third parties as soon as possible related to the content and the fact of transmitting the Licensee's voice messages via the Telephone Channel. The Licensee undertakes to inform the Licensor about the receipt of the above requests and the results of their consideration within 1 (one) business day.
15. The Licensee hereby guarantees that the voice messages in their content, as well as the fact of sending them, comply with the requirements of the applicable law and international law, do not violate the constitutional rights of citizens, and also do not contain any illegal content, including:
- content that restricts or violates any rights, including third party intellectual property rights;
- content that is or may be considered offensive, discriminatory, including insult or discrimination based on race, religion, color, nationality, origin, disability due to physical or mental disorders, health status, including genetic characteristics, marital status, gender, age, sexual orientation or any other characteristics protected by the applicable law;
- content that is unlawful in accordance with any applicable laws or regulations;
- content that contains or transmits viruses, malware ("worms"), defects, trojans or malicious codes;
- as well as content containing:
- advertising of politics, political parties or organizations of a political orientation;
- o alcohol and related services;
- o tobacco and related services;
- o sexual nature and any other content of category 18+;
- o gambling;
- drugs and any business involved in their sale;
- weapons and any business involved in its sale;
- terrorism (or its justification), as well as calls for violation of the constitutional order.
16. The Licensor has the right to immediately suspend the use of the Telephone Channel or the Service by the Licensee if the fact of transmission or the content of voice messages is contrary to the applicable law, moral and / or ethical standards, or violates the rights of Users or third parties, the terms of the Appendix or the Agreement, as well as if receipt of requests from telephone operators or regulatory authorities.
17. The Licensor has the right to immediately suspend the use of the Telephone Channel or the Service by the Licensee in the event that the Licensor or the telephone operator receives an application from the User to stop sending messages to such User.
18. The Licensor has the right to terminate or refuse to grant the Licensee the rights to use the Service or the Telephone Channel:
- in the event that the Licensor loses the technical ability to provide the functionality of the Service, the Telephone Channel due to the special requirements of telephone operators;
- in the event that the telephone operator receives from the User an application to stop sending voice messages to the address of such User, as well as in the event of termination of the User's subscription agreement with the telephone operator;
- in case of violation by the Licensee of applicable law, the rights of third parties, the provisions of the Appendix or the Agreement.
In these cases, the Licensor also has the right to terminate the Agreement unilaterally out of court by notifying the Licensee of the date from which the Agreement is considered terminated.
SMS PACKAGES 1. By paying for packages of SMS Messages, the Licensee agrees to the rules set forth in the Appendix.
The rules set forth in the Appendix to the Agreement shall operate additionally and simultaneously with the rules established by the Agreement.
2. The use of a paid package of SMS-Messages is not limited to one Reporting Period.
3. The Licensee independently determines the content of the SMS Messages, the Users-recipients of the Licensee's SMS Messages and the time of sending the Licensee's SMS Messages.
4. The Licensor is not entitled to edit or otherwise influence the content of SMS Messages.
5. The Licensee is fully responsible to the Licensor, Users and third parties, in particular, the competent state bodies, for the content of SMS Messages and the fact of their acceptance and transmission, and undertakes to independently provide information and reports to the relevant state bodies, at its own expense to receive all licenses and permits required to carry out the above activities.
6. The Licensee undertakes to obtain the consent of the Users to whom the SMS Messages are sent for the Users to receive such SMS Messages from the Licensee in the manner and in the form provided for by the applicable law, if obtaining consent is provided for by the applicable law. The Licensee undertakes to provide the Licensor, within 2 (two) business days from the date of receipt of the relevant request from the Licensor, documents confirming the fact that the Licensee has fulfilled the requirements of this paragraph.
7. The Licensee undertakes to provide Users with complete and reliable information provided for by applicable law.
8. The Licensee is responsible for the completeness and accuracy of the information provided to Users.
9. The Licensee undertakes independently and at its own expense, in ways that exclude the incurring of losses by the Licensor, to consider and resolve claims, complaints and other requests from Users and third parties related to the content and the fact of transmission of the SMS Messages of the Licensee as soon as possible.
10. The Licensee undertakes to inform the Licensor within 1 (one) business day of the receipt of the above applications and the results of their consideration.
11. The Licensee warrants that the content of SMS-Messages, as well as the fact of sending them, comply with the requirements of the applicable law and international law, as well as social, moral, ethical norms and principles (do not offend human dignity, do not promote violence, racial or national hatred, etc.), do not violate the constitutional rights of citizens, and do not contain any illegal content, including:
- content that restricts or violates any rights, including third party intellectual property rights;
- content that is or may be considered offensive, discriminatory, including insult or discrimination based on race, religion, color, nationality, origin, disability due to physical or mental disorders, health status, including genetic characteristics, marital status, gender, age, sexual orientation or any other characteristics protected by applicable law;
- content that is unlawful in accordance with any applicable laws or regulations;
- content that contains or transmits viruses, malware ("worms"), defects, trojans or malicious codes;
- as well as content containing:
- o advertising of politics, political parties or organizations of a political orientation;
- o alcohol and related services;
- o tobacco and related services;
- o sexual nature and any other content of category 18+;
- o gambling;
- o drugs and any business involved in their sale;
- o weapons and any business involved in its sale;
- o terrorism (or its justification), as well as calls for violation of the constitutional order.
12. The Licensor has the right to immediately suspend the use by the Licensee of the functionality of the Service for sending SMS Messages or in general if the fact of transmission or the content of SMS Messages is contrary to the applicable law, moral and / or ethical standards, or violates the rights of Users or third parties, conditions Applications or Agreements, as well as upon receipt of requests from telephone operators or regulatory authorities.
13. The Licensor has the right to immediately suspend the use by the Licensee of the functionality of the Service for sending SMS Messages or in general if the Licensor or the telecom operator receives an application from the User to stop sending messages to such User.
14. The Licensor has the right to terminate or refuse to grant the Licensee the rights to use the functionality of the Service for sending SMS Messages or in general:
- in the event that the Licensor loses the technical ability to provide the functionality of the Service, the Telephone Channel due to the special requirements of telephone operators;
- in the event that the telephone operator receives from the User an application to stop sending voice messages to the address of such User, as well as in the event of termination of the User's subscription agreement with the telephone operator;
- in case of violation by the Licensee of applicable law, the rights of third parties, the provisions of the Appendix or the Agreement.
In these cases, the Licensor also has the right to terminate the Agreement unilaterally out of court by notifying the Licensee of the date from which the Agreement is considered terminated.