Service Regulations of Telnexx Company
Telnexx Company, providing virtual phone number rental services, hereinafter referred to as the “Company”, has published these regulations containing the terms of the Public Agreement (Adhesion Agreement) and offers an unlimited number of persons to enter into the agreement by adhesion.
1. Terms.
- Subscriber – a person who has joined the Agreement in the manner stipulated by the Agreement.
- Agreement – a legal relationship aimed at the Subscriber receiving the Service, initiated by the Subscriber, regulated by the Regulations and appendices thereto. In the course of the Agreement, the Company and the Subscriber acquire rights and obligations provided for by the Regulations and arising from the Subscriber’s Orders.
- Order – an electronic form filled out by the Subscriber directly or with the assistance of a Company’s subscriber department employee, in which the Subscriber indicates their personal data, parameters of the required Service, or actual actions of the Subscriber consisting of calling a virtual phone number in order to receive the Basic Service.
- Virtual phone number – a public telephone network number belonging to the Public Telephone Network of the locality where the Subscriber is located according to the Order data.
- Subscriber’s Personal Account – a set of data on prepayments made by the Subscriber and the reduction of the prepayment balance in connection with payment for services provided to the Subscriber.
- Period – a time interval equal to one calendar month from the first to the last day.
- Registration Key (RK) – an identifier that allows the Company to identify the Subscriber. The RK consists of a username (login) and a password.
- Service – a set of measures for providing virtual phone number rental, including number activation for the Subscriber and charging fees for the virtual phone number rental.
Company Services are divided into:
- Administrative Services – Services related to documentation processing, package changes, obtaining additional consultations and information, paid in accordance with the Tariff for each instance of service provision.
- Periodic Services – Services related to the use of a virtual phone number, paid in accordance with the Tariff for each period, usually a calendar month of use.
- Basic Services – Services with time-based billing, paid in accordance with the Tariff for the time of use, usually per-minute billing is applied.
Agreement Conclusion Procedure.
To receive the Service, the Subscriber signs the Agreement and places an Order in the following ways:
- Conclusion of the agreement on the Company’s web page.
- To conclude the Agreement, the interested party accesses the Company’s web page via the Internet, where they step by step fill out an Application in electronic form, provide personal data, passport data in the format specified in the Application form (if requested by the virtual phone number provider country) and, after passing the verification procedure (checking data for inconsistencies, credit card verification, checking against lists of dishonest Subscribers) – receives the ability to deposit funds into the personal account.
- During the completion of the electronic application form, the interested party is given the opportunity to review the Regulations and, to continue the registration procedure, is required to confirm agreement with the terms of the Regulations, thereby confirming their desire to join the Agreement and act in accordance with the Regulations.
- After verification of the entered information, receipt of the Subscriber’s passport data and, in the absence of contradictions, false information, as well as after funds are received into the Personal Account, the Agreement is considered concluded and the Subscriber receives the right to use the Services. The virtual phone number rental period cannot be extended for the time spent verifying the Subscriber’s documents.
- If funds are not received into the Subscriber’s Personal Account within more than 36 hours from the moment of registration on the Company’s web page, the Order for the provision of Services is cancelled.
- Confidential information storage procedure.
- All information provided by the Subscriber to the Company is confidential and cannot be transferred by the Company to third parties.
- The Registration Key (password) and the Individual Service Phone Number are confidential information, the responsibility for the storage of which lies with the Subscriber.
- In case of disclosure of the Registration Key (password) to third parties, the holder of the key (password) (third party) gains access to reports on the provision of services to the Subscriber, as well as to the ability to manage the content of the Service.
- In case of disclosure of the virtual phone number by the Subscriber to third parties, the Company considers this action as an intentional action of the Subscriber, and the third party gains the ability to use the Service on an equal basis with the Subscriber by calling the virtual phone number.
- If the Company has the technical capability, the Subscriber may change the virtual phone number by contacting the Subscriber Department or the Company’s web page and paying for the provision of such Administrative Service in accordance with the Tariffs.
- If it is necessary to change the location of the Subscriber’s virtual phone number specified in the Order for a virtual phone number of the Public Telephone Network of a locality – the new location of the Subscriber’s virtual phone number – the latter has the right to submit an Application in the procedures provided for the conclusion of the Agreement and, if technically possible and if the amount of funds in the Personal Account is sufficient to pay for the Administrative Service, the Subscriber will be provided with a different virtual phone number.
- In cases where it is necessary to provide contact details and copies of documents for connecting a number of virtual phone numbers, the verification period for such data is up to 3 business days and is included in the period of provision of periodic services.
Service Provision Procedure.
- Administrative Services are provided to the Subscriber upon request to the Company’s Subscriber Department or the Company’s website. To receive an Administrative Service at the Subscriber Department, the Subscriber must submit an application for the Service, and to receive the Service on the website – enter the login and access code.
- Periodic Services are provided automatically at the beginning of the Period, unless the Subscriber has specifically refused to receive them for the upcoming Period when filling out the Application, and provided there are sufficient funds in the Subscriber’s Personal Account.
- Periodic Services are a prerequisite for the possibility of receiving the Basic Service.
- To receive the Basic Service, the Subscriber makes a call to the virtual phone number, after which service providers convert the Subscriber’s telephone traffic into a digital stream on the Internet, capable of being received by software and hardware communication tools on the Internet, as well as directing the converted stream to the addressee specified in the Order.
- The Service under this agreement is limited to the rental of a virtual phone number and the connection of additional channels to the virtual phone number.
- Confirmation of the fact of Service provision is the billing system data. The Company provides billing system data upon client request.
- If a deterioration in the quality of the Service or cessation of its provision is detected, the Subscriber is obligated to file a complaint with the Company. The complaint is submitted either on the Company’s web page or to the email address of the Company’s service department. The fact of quality deterioration or cessation of communication service provision is considered from the moment the Subscriber’s complaint is received.
- If a certain number of Basic Service minutes per Period is provided as part of the Tariff Plan, unused minutes provided during the current Period are not carried over for use in the next Period.
- The Company has the right to replace the Subscriber’s virtual phone number in case of technical necessity. The Subscriber must be notified of the upcoming replacement by publication on the Company’s web page or by sending an email to the Subscriber’s contact email address fourteen calendar days before the replacement date.
- The Company cannot guarantee the correct display of the virtual phone number for outgoing calls outside the country of the rented number in accordance with international Internet telephony principles.
- The Company cannot guarantee successful connection to toll-free numbers (800 or toll-free numbers) when calling from outside the country of the rented number in accordance with international Internet telephony principles.
Liability of the Parties. Limitations of Liability.
- The Parties to the Agreement bear liability in the manner provided for by applicable law.
- The Service provided by the Company is not intended for the Subscriber’s individual requirements. The conclusion of this Agreement constitutes the client’s consent that the provided Service satisfies with its qualities and is suitable for the purposes for which it is used.
- If the Subscriber becomes aware of any malfunctions with the Service, they shall notify the Company as soon as possible.
- The Company is not liable for actions performed by software and hardware systems of the Internet after fulfilling its obligations under the agreement – providing a virtual phone number for rent. The Company may recommend third-party software and hardware systems (applications) for making and receiving calls, but is not liable for the operation of such third-party applications.
- If the Subscriber resides in a jurisdiction where the law prohibits offering or using the Service, the Subscriber has the right not to enter into this agreement. By entering into this Agreement, the Subscriber clearly states that they have verified the legality of using the Service in their own jurisdiction. The Subscriber shall bear full responsibility, bear all costs (including reasonable attorney fees) in the event that the conclusion of the agreement contradicts the legislation of the place of residence.
- The Company compensates the Subscriber for direct losses incurred as a result of a virtual phone number malfunction, based on documentary evidence of losses provided by the Subscriber. The maximum amount of loss compensation cannot exceed the actual amount remaining in the client’s account at the time of the malfunction.
- The Company is not liable for the provision of services in the event of force majeure circumstances, as circumstances of irresistible force that may cause the impossibility of fulfilling obligations under the agreement, including (but not limited to): natural disasters (hurricanes, earthquakes, floods), as well as their direct consequences, military actions, actions of government authorities and other circumstances that the parties could not foresee and prevent by reasonable means.
- The Company has the right to refuse a person applying for the Service or for the conclusion of the Agreement if the Company has motivated suspicions that:
- The Subscriber is using a credit card or other means of payment that does not belong to them.
- The Subscriber has provided contradictory information about themselves during the completion of the Application or subsequently.
- The Subscriber will use the Services for purposes contrary to these regulations or the legislation of Ukraine.
Payment Procedure.
- Payment for the Company’s Services is made by non-cash payment, online using bank cards through the LiqPay system and other electronic payments.
- Payment for services is made in US dollars or Euros.
- Funds deposited by the Subscriber (or any payer on behalf of the Subscriber) are credited to the Subscriber’s Personal Account.
- Funds held in the Subscriber’s Personal Account constitute prepayment for Services.
- Services are paid in accordance with current tariffs, by debiting (reducing the balance by the cost of the service):
- Administrative Services – after receipt of the order for the provision of services and before the order is fulfilled.
- Periodic Services – before the beginning of the payable Period of service provision. If the Service is ordered after the beginning of the month, the cost of the Service is calculated proportionally to the remaining part of the month.
- Basic Services – during the provision of the Basic Service, upon expiration of each minute of provision. If the service is received for less than one minute, such service is charged at the cost of one minute of Service provision. If there are insufficient funds in the Personal Account for the provision of the next minute of Service, the provision of the Service is terminated.
- The Company, for the convenience of consumers, has the right to create Tariff Plans – groups of interrelated tariffs for various types of services.
- The Subscriber has the right to change Tariff Plans at their discretion from those available at the Company. The application for changing the Tariff Plan must be submitted no less than three days before the end of the Period. The change of Tariff Plan is possible at the end of the Period in which the application for change was submitted.
- The Subscriber has the right to switch to a Tariff Plan whose Administrative Service cost – the connection fee – is higher than the connection fee for the plan currently used by the Subscriber, subject to payment of the difference in connection costs of these plans, in accordance with the Tariffs on the date of transition.
- Services are paid in the order of receipt of Orders for their provision or the occurrence of payment deadlines provided for by the Regulations.
- The moment of payment is considered the moment funds are received at the Company’s cash desk, its current account, or its virtual account.
- In case of termination of the Agreement, the Subscriber has the right to receive the remaining funds from the Personal Account by non-cash payment.
Term, Termination Procedure, Other Conditions.
- The Agreement is concluded by the parties from the moment the Subscriber joins the Agreement and takes effect from the moment the virtual phone number is connected to the Subscriber. The Agreement continues until termination at the initiative of one of the parties, or the Subscriber’s failure to take actions aimed at joining the Agreement in future Periods.
- When purchasing a virtual phone number, the Subscriber has the right to apply the option of automatic renewal of the agreement for future Periods (autorenew). In this case, the agreement will be renewed for all subsequent Periods, provided there are funds in the Subscriber’s Personal Account. If the Personal Account does not contain a sufficient amount to pay for Periodic Services in the next Period, the provision of Services is suspended. The Subscriber has the right within one month to replenish the Personal Account with an amount sufficient to pay for Services in the Period, in which case automatic debiting of funds from the Personal Account for payment of Periodic Services occurs. If the suspension of Services due to insufficient funds for payment of Periodic Services lasts more than one calendar month, the Agreement is considered terminated from the beginning of the unpaid Period. The conclusion of a new agreement is carried out in the general procedure.
- The Subscriber has the right to early termination of the agreement (in the case of an agreement concluded for more than one Period). To do so, the Subscriber must notify the Company of their intention in writing, or (if technically possible) using a special form on the Company’s web page, no later than 60 calendar days before the desired moment of termination.
- Changes to the service provision procedure are made after changes are made to these Regulations. Changes to the Regulations or parts thereof must be published on the Internet at the Telnexx address no less than 14 calendar days before they take effect.
- The Company reserves the right to change prices for Services during the term of this Agreement without notifying Subscribers. All tariff changes will be reflected on the website Telnexx.com
- The Subscriber has the right to terminate the Agreement without explanation at any time by submitting an Application to the Subscriber Department.
- The Company has the right to immediately terminate the Agreement with a Subscriber who has committed more than one violation of the Regulations.
- The Company has the right to terminate the Agreement on its own initiative by notifying Subscribers through publication on the Company’s web page or by sending a letter to the Subscriber’s email address 14 calendar days before the date of termination.
- In any case, the Agreement is terminated at the end of the Period in which the grounds for its termination arose.
- The Subscriber has the right to transfer the entire set of rights and obligations under the agreement to a third party by making changes to their registration data and independently transferring the Registration Key data and the virtual phone number to the new subscriber.
- The Subscriber guarantees that the received Services are not used for any illegal purposes, including the transmission or provision of any information or Services that are illegal, offensive, harmful, threatening, discrediting, or that in any case infringe copyright, intellectual property rights, trademarks, or that are pornographic, or any other material that may constitute an offense in any direction.
- The Subscriber is obligated to reimburse the Company for all costs and compensate for losses arising from a violation of clause 6.11.
- If the Subscriber uses the Services for any illegal purpose or with illegal intent or in violation of clauses 6.11, the Company shall have the right to immediately suspend the provision of the Service and/or terminate the Agreement without notifying the Subscriber. If the Subscriber violates any terms or restrictions applicable to certain products (third-party Services) and if such activity affects the Company’s network, the Company has the right to immediately suspend and/or terminate the provision of Services without notifying the Subscriber.
- If any condition of the Agreement is found to be legally invalid, in whole or in part, resulting in its invalidity, the invalidity of such condition shall not affect the legality of other conditions of the Agreement.
- Terms defined in the Regulations are used in all agreements, contracts, and appendices thereto, concluded on the basis of and in accordance with these Regulations, without providing additional explanations and interpretations.
- The names of the sections of the Regulations are introduced for convenience of use and do not contain information of a normative nature.
- The Agreement is drawn up in Russian. By joining the Agreement, the Subscriber confirms that they understand Russian sufficiently to read and understand the provisions set out in the Regulations. The Regulations may be translated into other languages and published by the Company. Versions in different languages published by the Company have equal legal force. In case of discrepancies, the Russian version of the Rules is considered the primary one.
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