PUBLIC OFFER AGREEMENT ON PROVISION OF INTERNET SERVICES.
KataTelecom Service, hereinafter referred to as the Company, offers, under the terms set forth below, to any individual, hereinafter referred to as the Client, a range of services the prices of which are indicated in the Client's Account.
Company - is a hardware and software platform that provides registration of a user device, services, interaction with operators and storage of operational and accounting information. Access to the Company's service is provided through a web interface
Client – an individual who has a personal account with the Company and uses its capabilities for his own needs
Service – use of the Company's software by the Client, a session of voice, video, or other traffic transmission via Internet channels, as well as other services provided by the Company
User device – a computer with special software or a stand-alone device of the Client (gateway, IP-PBX, adapter, IP-phone, etc.) that interacts with the Company's service
Operators – telecommunication operators that carry out their services using the Company's service capabilities
Personal account – the Client 's account in the Company's system that displays the current balance and other current transactions
Web interface –control elements available to the Client after authorization on the website https://katatelecom.com
P.U – a conventional payment unit accepted for payments within the system and corresponding to the internal rate published on the website https://katatelecom.com. One P.U. is equal to one US dollar.
Virtual number - stationary, mobile or toll free number provided to the Client remotely via equipment of the Operators through the Internet channels.
1.1 The Company provides Services to the extent and on terms set forth in this Offer and its Annexes.
1.2 By registering on the website of katatelecom.com, the Client confirms that he agrees to all the provisions of this Public Offer, including the Annexes thereto, and this is tantamount to concluding a Service Agreement. The contract is considered concluded starting from the date of acceptance of this proposal.
1.3 Withdrawal of this offer (termination of its validity) and modification of terms of the offer is carried out by publishing a relevant notice about termination or amendment of the provisions of the public offer on https://katatelecom.com website
2.1 The Company shall:
2.1.1 Provide Services to the Client in the order set forth in this Offer. The cost of services cannot exceed the available balance on the Client's account.
2.1.2 Keep confidential the information received from the Client upon registration and communicated to the Company when using the Services, except for cases provided for by the International Law, as well as cases related to causing harm to third parties and violation of the terms of this Offer that entail court and other proceedings by official authorities.
2.1.3 Keep records of the use of Services by the Client.
2.2 The Company has the right to:
2.2.1 Terminate provision of Services if there are no more funds on the Client's account.
2.2.2 Terminate the relationship with the Client under this Agreement unilaterally by sending an electronic notification. The date of termination of the Agreement is the date when a relevant message is sent to the Client.
2.2.3 Amend the terms of this Offer by sending notification to the Client via e-mail. If the Company does not receive the Client's refusal to accept such changes within 5 days, and the Client continues to use Services on new terms, the amendments to the Agreement shall be deemed accepted by the Client.
2.2.4 Temporarily suspend provision of Services under the Agreement for technical, technological or other reasons interfering with provision of such Services to the Client for the period of elimination of such reasons.
2.2.5 Suspend provision of Services under the Agreement and/or terminate the Agreement ahead of time unilaterally by notifying the Client in the event of violation by the Client of the obligations and/or guarantees accepted in accordance with present Offer.
2.2.6 Block the Client's account should the latter provide false information during registration on the website.
2.2.7 Communicate, at the request of law enforcement or similar authorities, any available information about the Client in the event that the latter has committed unlawful actions against third parties using the capabilities of the Company's services.
2.2.8 Block provision of Services provided that the Client creates an elevated load on the system in various ways: generating a large number of simultaneous calls, generating multiple calls before a receiving party receives a ring-back tone, generating multiple short calls in order to check availability of a receiving number, ring rounds and etc.
2.2.9 Request the Client 's personal data and its verification in case of violation of the terms of this Offer.
2.3 The Client shall:
2.3.1 Independently familiarize oneself with information about Services, service plans and terms of service via Company's website and personal cabinet.
2.3.2 Pay for Services in a timely manner in accordance with the service plans and on terms set forth by the Company.
2.3.3 Store the documents confirming payment for Services.
2.3.4 Ensure that Services will not be used for illegal purposes, including transmission of information or offering services that are considered illegal, harmful to third parties, potentially dangerous, defamatory or services that in any way violate copyrights, intellectual property rights, violate the rights of trademarks, represent pornographic or any other materials that could lead to a crime in one way or another.
2.3.5 Do not use Services to send unsolicited messages and promotional or advertising phone calls (spam).
2.3.6 Strictly observe the Terms of Service (Appendix No1 to this Offer)
2.3.7 Independently maintain a positive balance on the Personal Account in the Personal Cabinet of the website katatelecom.com, promptly making necessary advance payments in accordance with the terms of this Offer.
2.3.8 The Client shall ensure that he has all necessary permits and other documents for services provided by the Company, including those provided to end-users of this service. The Client bears all responsibility for the content, quality and provision of services, as well as for compliance of these services with the legislation and this Offer. The Company may demand compensation from the Client for all penalties, claims or other administrative expenses related to the violation of local legislation (legislative and regulatory acts) or laws that may enter into force. The Company shall not be liable for these obligations.
2.3.9 By agreeing to these terms, the Client explicitly states that he has already attested within his own jurisdiction that the use of Services of the Company is authorized by law. In case of violation of the laws of own jurisdiction, the Client assumes all responsibility and incurs all costs, (including reasonable attorneys' fees), the Company shall not bear any responsibility for violation by the Client of the laws of own jurisdiction.
2.3.10 Provide accurate information about oneself and maintain relevance of the information throughout the validity of the Agreement.
2.4 Rights of the Client:
2.4.1 Receive from the Company Services in accordance with the terms of this Offer
2.4.2 Contact the Company on issues related to:
3.1 The cost of Services is determined in accordance with service plans approved by the Company and displayed in the personal cabinet. Prices for Services are indicated by the Company in P.U.
3.2 The Company has the right to unilaterally change service plans for Services, conditions and terms of payment for Services by posting information about it on the Company's website via the Internet at least 10 (ten) calendar days prior to introducing such changes. These conditions do not apply to the services of Operators available within the system.
3.3. The Client is responsible for checking the Company's website https://katatelecom.com for any changes. Should the Client continue using the Service 10 (ten) days after the issuance of the notification about changes of current terms of the Offer, it shall be considered as acceptance by the Client of the amendments and additions.
3.4 The date the new service plans become effective is the date of their publication on the website and in the Client's Personal Account.
3.5 Services are provided when there is a positive balance on the Client’s account.
3.6 Services can be paid by transferring funds to the Company's settlement account or by using authorized payment systems indicated by the Company in the Client's Personal cabinet.
3.7 The Client is also responsible for payment of fees of payment systems, if any, and fees for currency conversion.
3.8 The Client is responsible for accuracy of payments.
3.9 Services shall be deemed rendered by the Company properly and accepted by the Client in full, if within fifteen days after the end of the reporting period the Company does not receive from the Client substantiated objections in writing via e-mail or the inquiry system. After the expiry of the above-mentioned period, the Client's claims regarding limitations of Services, including quantity (scope), cost and quality shall not be accepted.
3.10 The Parties hereby agree that in the event that at the time of annulment or termination of the Agreement the amount of the Service prepaid by the Client exceeds the cost of Services actually rendered to the Client under the Service Agreement, the difference between these amounts shall be recognized as paid by the Client towards the payment (prepayment) of the Company's services under other (including future) contracts, except for cases: - when otherwise explicitly provided for in the Offer; - unless otherwise agreed upon by the Parties upon annulment or termination of the Agreement. This condition remains in force and is also valid after the annulment or termination of the Agreement.
4.1 The Service is provided on a prepayment basis.
4.2 Terms of provision of Services in some countries (Russia, Ukraine, Kazakhstan, Georgia, China, etc. *) require provision of end-user documents, namely, scanned passport pages in color (or other document confirming identity): a spread with the photo and a spread with the residential registration.
4.3 Terms of connection in some countries (Germany, Turkey, Iceland, etc. *) require provision of documents of the resident of the city in which the Service is to be provided. List of documents:
- color scanned copy of a passport.
- a scanned copy of the document confirming the residential registration (for example, a receipt for payment of utilities in the last 6 months).
4.4 In some cases, additional verification of the Client's identity may be requested.
4.5 The period for submitting documents by the Client is 3 (three) days.
4.6 If the Service that requires supporting documents is already connected, or the Operator requests additional documents, and the Client does not provide such information within the time specified in clause 4.4 or otherwise agreed upon with customer support, provision of Services shall be suspended. Provision of Services may resume if the requested documents are provided and an agreement with the Company's customer support service is reached, and a full cost of the Service is paid (including a suspension period). Funds for previously paid service in this case are not refundable, except for the balance on the account.
4.7 When the new Service is connected and paragraphs 4.2 and 4.3 are not complied with, the Service shall not be provided to the Client. The funds shall be returned to the internal account, but shall not be available for withdrawal by the Client. Such funds can be used toward any other services offered by the Company.
4.8 The service is not provided automatically after the order is placed. The term of connection of Services, subject to paragraphs 4.2 and 4.3, is from 1 to 30 business days (depending on the documents provided and the service ordered).
5.1 The Company does not guarantee a completely uninterrupted or infallible performance of Services.
5.2 The Company is not liable for losses and other consequences arising from the use or inability to use Services of the Company by the Client.
5.3 The Client is responsible for all consequences and losses incurred by the Company, Operators and/or third parties caused by contradiction to the current legislation and/or the provisions of this Offer and its Annexes. The Client shall independently resolve all claims and claims of the Company, Operators, rights holders and third parties and compensate the said persons for losses in full.
5.4 For each case of violation of the terms of provision of Services, which are determined by the indications of the communication equipment of the Operators, the Client shall pay the Company a fine of 100 (one hundred) P.U. At the same time, the Company suspends provision of Services until such obligation is fulfilled.
5.5 In case of repeated violation of the terms of provision of Services, which are determined by the indications of the communication equipment of the Operators, the Client shall pay the Company a fine of 1000 (one thousand) P.U. The Company has the right to terminate the agreement unilaterally in accordance with paragraph 8.4 of this Offer.
5.6 The Client uses communication channels provided by third parties to access Services available within the Company's system.
5.7 The client is warned and assumes full responsibility for improper use of the ANIs substituting feature (even after verification of identity) when making calls and sending text messages through the system. In case of substitution of numbers or letter identifiers, all responsibility falls on the Client and is qualified as a violation of local legislation of the country of which he is a resident or in which he is located (if the legislation of the given country provides for responsibility for improper substitution of AON).
5.8 The Client accepts that the AON transfer feature is not a declared and guaranteed feature of the system, and the Company is not responsible for correct operation of this feature, although it guarantees a 100% transfer of AON to a terminating gateway.
6.1 The Company provides the Client with a possibility of obtaining virtual numbers, based on prices and terms presented on the Company's website.
6.2 Virtual numbers only work for incoming calls at the number provider level. Outgoing calls from the numbers are provided to the Client in accordance with general practices.
6.3 The numbers are provided to the Client on a leasehold basis with a monthly subscription fee and a connection fee if no other payment terms are specified in the terms of provision of the number. If the number is disconnected due to a late payment of the monthly fee or if the number is deactivated at the Client's request, the Company does not guarantee retention of the number after its disconnection. The monthly fee is charged 3 days prior to the end of the subscription period unless otherwise specified in the terms of provision of the number.
6.4 The Client shall use the number for legal purposes only.
6.5 The Client accepts the fact that the Company does not own provided numbers and understands that the Company cannot guarantee permanent retention of the numbers or guarantee resolution of the problems that may arise at its level in the event of force majeure circumstances at the number provider's level.
6.6 The Company guarantees that it shall do its utmost best to preserve operability of numbers, quickly solve technical problems emerging during operation, and to provide the Client with alternative numbers in case of liquidation or disconnection of numbers at the number provider level.
6.7 Toll free numbers and national numbers are non-geographic phone numbers. Therefore, access to them shall only be available within the country to which the acquired number belongs.
6.8 If the conditions for connecting a direct number associated with provision of documents are met, the Client guarantees accuracy of the information provided in the documents. The Client guarantees that provided copies of his passport or ID in fact belong to him.
6.9 The Company reserves the right to suspend or completely disable the Client's number should its use contradict the terms of the Offer or should the Company detect misrepresentation of personal data, copies of documents that belong to other individuals and etc. The funds spent on the Company's Services shall not be refunded.
6.10 The Client agrees that in some cases the Company assumes the right to act on behalf of the Client when connecting the numbers and ensuring their operability.
6.11 The client accepts and understands the fact that the number providers reserve the right to monitor use of provided numbers for legal purposes and disconnect them, should they discover illegal or prohibited use of the number.
7.1 The parties agreed to comply with a pre-judicial claims procedure to settle any disputes.
7.2 The Client's claims for provided Services are accepted for consideration by the Company only in writing (via e-mail or the inquiry system) and within 10 calendar days from the moment the disputable situation emerged. The period for consideration of the Client's claims does not exceed 10 business days.
7.3 The Company does not bear any responsibility to the Client in cases of any complaints or claims, if:
- a claim or a complaint arises as a result of the Client's and/or the end user’s negligence, improper behavior or as a result of the termination of this Agreement;
- the client does not provide the Company with all rights to work with this complaint or does not provide all the information requested by the Company for full and proper cooperation in resolving the matter.
- there was a force majeure circumstance.
8.1 The time of registration in the Company's system is considered the time of conclusion of the Agreement.
8.2 The Parties are entitled to a unilateral termination of this Agreement at any time, in the manner set forth by relevant provisions of this Offer.
8.3 In the event of termination of the Agreement by the Client, the funds remaining in the account shall not be refunded to the Client.
8.4 In the event of termination of the Agreement by the Company, the funds remaining in the Client's account may be returned only if the Client has not violated the terms of provision of Services.
8.5 Refunds are made only to the accounts previously provided by the Client as a method of payment, except for cases when the Company cannot technically return funds to specified accounts. In this case, the Company offers alternative methods of transferring funds.
8.6 On all issues not regulated by this Agreement, the parties are guided by the current legislation.
9.1 The company is not responsible for quality of services provided in the event of force majeure circumstances that may lead to impossibility of fulfilling the obligations under the Agreement: natural disasters, fires, power outages and power transmission line breakage, rupture and damage to communications and cables, military actions, imposition of sanctions by the government or revocation of licenses of the Operators.
9.2 The Company shall not be liable for consequences that may arise as a result of force majeure circumstances.
9.3 The Company undertakes to make every effort to reduce the Customer's losses in the event of force majeure circumstances. In this case, prior notification and consent of the Client is not required.
* - For a complete list of countries, please contact customer support.