User Agreement

PUBLIC OFFER

to conclude an Agreement on the Internet service use

1. The present document is an official offer (public offer) of Teliphone Systems OU (hereinafter referred to as the Contractor), addressed to an indefinite circle of persons, to conclude an Agreement on the Internet service use (hereinafter referred to as Agreement) under the terms set forth in the present offer, including all its annexes.

2. The Agreement is concluded in the form of an adhesion agreement, that is, by accepting its terms by the user of the Internet service as a whole. Should any disagreement with any of the terms of the Agreement arise, the person shall refuse to enter into such Agreement.

3. The Agreement is concluded at the moment when the acceptance of an individual or legal entity is received from the Contractor. Offer acceptance is made by an individual or legal entity by accepting the terms of the Agreement and taking actions aimed at using the Internet service.

4. For purposes of concluding the Agreement an individual or legal entity is obliged to get familiarized with the information provided by the Contractor on the website https://t1.katatelecom.com.

Terms and abbreviations

Contractor - KataTelecom service provided by Teliphone Systems OU, which is registered at Estonia, Harju maakond, Tallinn, Kesklinna linnaosa, Vesivärava tn 50-201, 10152

Client – is an individual or legal entity for whom the Contractor opens an individual personal account for purposes of taking into account payments for using Internet services.

Service – use of the Contractor'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 Contractor.

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 Contractor's service.

Operators – telecommunication operators that carry out their services using the Contractor's service capabilities.

Personal account – the Client 's account in the Contractor's system that displays the current balance and other current transactions.

Login – Client’s individual or corporate email address used for authorization in the Contractor’s system. This address is the main and only identifier of the Client. We do not recommend to use of temporary email addresses, because if you lose access to email, you may lose access to your Personal Account in the Contractor’s system.

Web interface – control elements available to the Client after authorization on the website https://t1.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://t1.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. SUBJECT OF THE OFFER

1.1 The Contractor provides Services to the extent and on terms set forth in this Offer and its Application.

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://t1.katatelecom.com website

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1 The Contractor 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 Contractor 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 Contractor 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 Contractor 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 Contractor'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 Contractor'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 Contractor.

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 (Application 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 Contractor, 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 Contractor 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 Contractor 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 Contractor 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 Contractor 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 Contractor Services in accordance with the terms of this Offer.

2.4.2 Contact the Contractor on issues related to:

  • use of Services
  • terms of service
  • rules of payment for Services
  • through channels indicated on the website in the contacts section or through the inquiry system in the Client's Personal Account.

3. COST OF SERVICES AND PAYMENT PROCEDURES

3.1 The cost of Services is determined in accordance with service plans approved by the Contractor and displayed in the personal cabinet. Prices for Services are indicated by the Contractor in P.U.

3.2 The Contractor has the right to unilaterally change service plans for Services, conditions and terms of payment for Services by posting information about it on the Contractor'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 Contractor's website https://t1.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 effective date of the new rates is the date such rates are posted on the website or in the Personal account of the Client.

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 Contractor's settlement account or by using authorized payment systems indicated by the Contractor 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 Contractor properly and accepted by the Client in full, if within fifteen days after the end of the reporting period the Contractor 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 Contractor'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.

3.11 The services provided by the Contractor are subject to VAT tax at current rate. Tax payment is deducted upon providing any paid service to the Client. The Client is exempt from paying VAT, if:

- the Client’s company is registered in the EU (except for the Republic of Estonia) and has a VAT identification number;
- the Client’s company is registered outside the EU;
- the Client’s is an EU non-resident individual.

4. TERMS OF SERVICE PROVISION

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 erms 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 сlient support, provision of Services shall be suspended. Provision of Services may resume if the requested documents are provided and an agreement with the Contractor's сlient 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 Contractor.

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.SPECIAL TERMS AND RESPONSIBILITIES OF THE PARTIES

5.1 The Contractor does not guarantee a completely uninterrupted or infallible performance of Services.

5.2 The Contractor is not liable for losses and other consequences arising from the use or inability to use Services of the Contractor by the Client.

5.3 The Client is responsible for all consequences and losses incurred by the Contractor, 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 Contractor, 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 Contractor a fine of 100 (one hundred) P.U. At the same time, the Contractor 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 Contractor a fine of 1000 (one thousand) P.U. The Contractor 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 Contractor's system.

5.7 Virtual numbers of mobile operators presented on the site are used on the condition noSLA. Long-term use of such numbers is not recommended. It is possible to suspend the provision of the Service by a higher operator without the possibility of recovery.

5.8 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).

5.9 The Client accepts that the AON transfer feature is not a declared and guaranteed feature of the system, and the Contractor is not responsible for correct operation of this feature, although it guarantees a 100% transfer of AON to a terminating gateway.

5.10 About account expiration dates:
- If registration was made on the site, but without further activation of the personal account, the account will be deleted in 30 days after the registration date;
- If the user is registered for more than six months and the personal account has never been replenished, then the personal account will be archived and access to the system is closed. The recovery of the Personal Account is possible when the Customer contacts the support service;
- If during the year no actions were performed on the personal account (there were no replenishment, calls, no connected services), then the monthly subscription fee starts to be charged from the personal account(2 USD) for the allocation of resources. If the funds for debiting from an account are not enough, the account will be archived. Subscription fee for the use of resources canceled in case of realization by the Client any of the above actions.

6. TERMS OF PROVISION OF VIRTUAL NUMBERS

6.1 The Contractor provides the Client with a possibility of obtaining virtual numbers, based on prices and terms presented on the Contractor'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 Contractor 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 Contractor does not own provided numbers and understands that the Contractor 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 Contractor 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 Contractor reserves the right to suspend or completely disable the Client's number should its use contradict the terms of the Offer or should the Contractor detect misrepresentation of personal data, copies of documents that belong to other individuals and etc. The funds spent on the Contractor's Services shall not be refunded.

6.10 The Client agrees that in some cases the Contractor 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. PROCEDURE FOR CONSIDERATION OF CLAIMS AND DISPUTES

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 Contractor 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 Contractor 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 Contractor with all rights to work with this complaint or does not provide all the information requested by the Contractor for full and proper cooperation in resolving the matter.
  • there was a force majeure circumstance.

8. CONCLUSION AND TERMINATION OF THE AGREEMENT

8.1 The time of registration in the Contractor'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 Contractor, 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 Contractor cannot technically return funds to specified accounts. In this case, the Contractor offers alternative methods of transferring funds.

8.6 On all issues not regulated by this Agreement, the parties are guided by the current legislation of Estonia.

9. FORCE MAJEURE

9.1 The Contractor 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 Contractor shall not be liable for consequences that may arise as a result of force majeure circumstances.

9.3 The Contractor undertakes to make every effort to reduce the Client'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 сlient support.

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10152, Estonia,
Harju maakond, Tallinn,
Vesivärava tn 50-201
Reg. num: 14860746 
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