Terms of Service

Terms of Service

Prof. Marketing LLC, hereinafter referred to as the “Operator”, represented by the General Director Vadim Vinogradov, acting on the basis of the Charter on the one hand, and ________________, hereinafter referred to as the “Subscriber”, together referred to as the “Parties”, have entered into this Agreement as follows.

1. The Subject of the Agreement

1.1. The Operator provides the Subscriber with communication services (hereinafter referred to as the Services), in accordance with the terms of the Licenses issued by the Federal Service for Supervision in the Field of Communications, and the Subscriber accepts and pays the Services on the terms of the Contract.

1.2. The provision of the Services is carried out on the basis of “Orders for the provision of communication services” (hereinafter referred to as Orders), which are signed by the Parties and are an integral part of this Agreement.

1.3. The type, volume, cost and duration of the provision of each Service to the Subscriber and other information necessary for both Parties to fulfill their obligations under the Contract are issued as a separate Supplementary Agreement and Order, indicating the name of the Service provided.

2. Obligations of the parties

2.1. The operator must:

2.1.1. Provide connection to the Services within the deadlines set in the respective Orders. The completion of the connection of the Services is recorded by the relevant Services Acceptance Act;

2.1.2. Provide Services that meet the requirements for quality and reliability set forth in the Order 24 hours a day, daily, except for breaks for the necessary planning and preventive and maintenance work that will be planned at the time of the least need of the Subscriber in the Services. The maximum permissible duration of such breaks for the current month should not exceed 8 (eight) hours;

2.1.3. Ensure for the Subscriber the observance of communication secrets in accordance with the Federal Law of the Russian Federation “On Communications” and guarantee the lack of access for third parties to analyze the Subscriber’s traffic passing through the Operator’s equipment, except for cases expressly provided for by the legislation of the Russian Federation;

2.1.4. To keep records of the volume separately for each Service rendered to the Subscriber, starting from the moment of commencement of the Service, and on the basis of the data of your accounting (billing) to issue the Subscriber monthly documents for payment for the Services;

2.1.5. At the request of the Subscriber, eliminate the deficiencies identified in the process of providing the Services. If the violations occurred through the fault of the Subscriber, then the work on the restoration of the Service should be paid by the Subscriber on the basis of the invoice issued by the Operator;

2.1.6. Notify in writing of the Subscriber about all changes in bank details, addresses and other information specified in section 7 of this Agreement.

2.2. Subscriber must:

2.2.1. Pay for the services provided in full in accordance with the terms of this Agreement;

2.2.2. Sign and send the Service Acceptance Certificate to the Operator no later than 5 (five) working days from the date of its receipt by the Subscriber, in the absence of a reasoned refusal to accept the Service from the Operator. Refusal can be sent by fax or e-mail, with the obligatory confirmation by the Operator of its receipt. In the absence of information from the Subscriber within the specified period of work (services) are considered accepted according to the Act of Acceptance of Services signed by the Operator;

2.2.3. To use for access to the Operator’s network only equipment certified in the Russian Federation in the established manner;

2.2.4. Accept the Operator’s Equipment under the Delivery and Acceptance Act in case it is necessary to install it in the Subscriber’s premises for the purpose of providing the Services, ensure safety and compensate for the damage caused to the Operator in case of loss or damage of equipment caused by the Subscriber, return it in good condition in case of termination contract for any reason;

2.2.5. To provide access for the Operator’s employees or contractor organizations attracted by it, according to the list provided in advance, to the Subscriber’s premises for work sites and further maintenance;

2.2.6. Report immediately to the Operator’s technical support service on the occurrence of emergency situations, interruptions or deterioration in quality for reasons that fall within the Operator’s area of ​​responsibility: (+7) 812-643-1946; support@www.premierpbx.netpbx.net, for the Operator to take the necessary measures to eliminate the malfunctions;

2.2.7. Use the services of the Operator only in a legal manner and not transfer to the Operator liability for damage of any kind incurred by the Subscriber or a third party during the Subscriber’s use of the Operator Services;

2.2.8. Notify immediately in writing of the Operator about all changes in bank details, addresses and other information specified in section 8 of this Agreement.

3. Cost of services and payment procedure

3.1. The cost of providing a particular Service (one-time, monthly, time-based, in terms of volume, etc.), the timing and order of payment is determined in the Order.

3.2. All payments under this Agreement are made in the currency of the Russian Federation on the basis of accounts provided by the Operator, certificates of the Services provided and invoices by transferring money to the Operator’s current account. In addition, the Subscriber pays value added tax in the manner and amount established by the Legislation.

3.3. On a monthly basis, no later than the 5th (fifth) day of each calendar month, the Operator sends to the Subscriber the Account, the Act of services provided and the invoice for the past calendar month. The subscriber is obliged to make payment for communication services no later than 20 (twenty) calendar days from the date of the invoice, the Act of services provided and the invoice. In case of non-receipt of funds to pay for communication services rendered within the specified period, the Operator has the right to suspend the provision of services under the Contract and resume it only after full repayment of the debt and payment by the Subscriber of services to disable and re-enable communication services on the basis of the invoice issued by the Operator. Failure to receive or delay in receipt of documents by the Subscriber is not a ground for refusing to pay for services or a reason for postponing monthly payments to the Subscriber. In case of non-receipt of primary documents before the 5th (fifth) day of the month following the settlement month, the Subscriber should contact the Operator to clarify the situation. Accounts, Acts and invoices can be sent to the Subscriber by registered mail or express courier. Copies will be sent to the Subscriber by fax or e-mail. Calculations of monthly payments for an incomplete month are made in proportion to the number of calendar days of service provision based on the total number of calendar days in a given month.

3.4. The date of payment is the day of debiting funds from the payer’s account, which must be confirmed by the relevant bank document.

3.5. The Operator has the right to unilaterally change the tariffs for communication services provided under this Agreement, with prior notification of the Subscriber in writing at least 30 (thirty) calendar days before the introduction of new tariffs. Each change and / or addition is executed by a new Order signed by both Parties.

3.6. If the Subscriber disagrees with the new tariffs, the Subscriber has the right to terminate the Contract or Order from the date of introduction of the new tariffs. In this case, the Subscriber is obliged to send a written notice to the Operator of the termination of the Agreement or the Order no later than 15 (fifteen) calendar days before the date of introduction of the new tariffs.

3.7. The breaks in the provision of communication services, the duration of which exceeds 4 (four) hours in a row, shall not be paid. For each hour of the break over a set duration, the amount of the subscription fee charged for the current month is reduced by 1/720 (one seven hundred and twentieth).

3.8. The guarantee payment is payable by the Subscriber to the Operator and ensures proper and timely fulfillment of obligations by the Subscriber under this Agreement. The size of the guarantee payment is guaranteed in the Order. The subscriber shall enroll the Guarantee payment for 5 (five) bank days at the time of receipt of the account from the Operator. In case of inadequate and / or untimely fulfillment by the Subscriber of its obligations under this Agreement, the Operator is entitled to unilaterally, without obtaining any consent and / or authorization from the Subscriber, to deduct from the amount of the Guarantee payment in the amount of amounts payable in accordance with the terms of this Of the contract. The Operator shall notify the Subscriber in writing of the hold.

3.9. The guarantee payment is returned to the Subscriber in full upon termination of this Agreement and in the absence of any types of debt. Making a guarantee payment does not release the Subscriber from paying monthly payments.

3.10. If during the term of this Agreement, the Operator withholds the amounts of the Guarantee Payment, the Subscriber is obliged within 5 (five) banking days after receiving the invoice from the Operator to pay the Operator an amount sufficient to restore the Guarantee Payment in its original amount. The subscriber has the right to demand repayment of current debt with a guarantee payment only in case of termination of this Agreement.

4. Responsibilities of the parties

4.1. The parties are responsible for the failure to comply with the terms of this Agreement in accordance with the current legislation of the Russian Federation.

4.2. The Operator is not responsible for the content of information transmitted by the Subscriber via communication networks.

4.3. The Parties are not responsible for the failure to fulfill or improper fulfillment of obligations under this Agreement, if they resulted from force majeure circumstances, namely: fire, flood and other natural disasters, military actions of any nature that make it impossible for the state authority and control of the prohibition or restrictions on the activities of the Parties, or other circumstances beyond the control of the Parties. In the event of force majeure. The parties immediately, not later than 14 (fourteen) calendar days after the beginning of their action, shall notify each other about the beginning and termination of the above circumstances. The late notification of the occurrence of force majeure deprives the Party concerned of the right to exemption from liability for failure to perform or improper performance of obligations under this Agreement. Notifications of the occurrence and termination of force majeure are documented by the relevant state authorities and administration.

4.4. In cases of improper fulfillment by the Subscriber of obligations to pay for the Services consumed under this

Of the Agreement, the Operator may send to the Subscriber a written request for payment by the Subscriber of a penalty in the amount of 0.1 (one tenth) percent of the cost of unpaid, not fully paid or untimely paid communication services for each day of delay.

4.5. In cases of violation by the Operator of the terms for the provision of the Connection Service, the Subscriber may send a written request for the Operator to pay a penalty in the amount of 0.1 (one tenth) percent of the cost of the Connection Service for each day of delay.

5. Term and Termination

5.1. The term of this Agreement is set at 1 (one) year from the date of its signing. The Agreement and its component parts – Orders – are automatically extended for each subsequent 1 (one) year, if none of the parties 1 (one) month before the expiration of the Agreement and its component parts declares in writing about their termination.

5.2. The Agreement may be terminated by the Subscriber unilaterally with a written warning to the Operator no less than thirty (30) calendar days before the date of termination of the Agreement, as well as on the initiative of either Party after the termination of all Orders, except as specified in clause 3.6. Of the contract.

5.3. The Order shall be terminated 30 (thirty) calendar days after the receipt of the notification from the Subscriber about the termination of the Order with the obligatory drawing up of the Act of reconciliation of settlements between the Subscriber and the Operator.

5.4. Upon termination of the Agreement, the Parties shall effect final settlements. If the amount of the actual cost of the services provided to the Subscriber exceeds the amount paid by the Subscriber during the period prior to the expiration or termination of the Contract, the Operator issues an invoice, and the Subscriber pays the difference between the actually provided in no more than 10 (ten) banking days and the amount of services actually paid. If the cost of the Services actually provided to the Subscriber is less than the amount actually paid by the Subscriber, the Operator returns the balance of the advance payment unused by the Subscriber, taking into account the actual cost of the Services provided, within 10 (ten) banking days following the day of termination of the Contract.

6. General conditions

6.1. All written notices, acts, invoices and invoices can be sent by fax, mail or courier. If notifications, invoices, invoices or Acts are sent by fax, the original must be sent by mail or by courier.

6.2. The Parties undertake to respect the confidentiality of information about the terms of this Agreement.

6.3. The parties may not transfer their rights and obligations under this Agreement to third parties without the prior written consent of the other Party.

6.4. The parties will take all measures to resolve disputes and disagreements arising in connection with the execution or interpretation of this Agreement by negotiation of authorized representatives of the Parties. If the Parties cannot independently resolve the disputes and disagreements through negotiations, they are referred to the Moscow Arbitration Court.

6.5. The contract is made in 2 (two) copies having the same legal force, one copy for each of the Parties.

7. The procedure for the provision of services

7.1. The subscriber fills in the registration form on the site www.premierpbx.net and activates the corresponding link, thereby making an acceptance of this offer.

7.2. The Subscriber consents to the processing by the Operator of their personal data, that is, performing, including the following actions within the framework of the Operator’s fulfillment of its obligations in accordance with this offer: processing (including collection, systematization, accumulation, storage, clarification (update, change) use, de-identification, blocking, destruction of personal data The processing of personal data is performed by the Operator solely to fulfill its obligations under this Offer.

7.3. After registration, the Operator provides the Subscriber with access to a personal account in which the settings for access to the IP telephony service via the SIP protocol are made in order to fulfill this Agreement.

7.4. The Operator undertakes to provide the Subscriber with the opportunity to use the Services using his (Subscriber) Authentication Data. The Operator has the right to replace the Authentication Data assigned to the Subscriber in the event that the continuation of the provision of Services using the previous Authentication Data is not possible.

Operator details:

Legal address; 196135 St. Petersburg, st. Frunze, d. 11, letter A, pom. 7-С, office 10

INN 7810456563, KPP 781001001, BIN 1147847059546

settlement account 40702810210060014196 for payment in rubles

in the branch number 7806 VTB 24 (CJSC)

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