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CONTRACT
about the provision of SMSCENTRE.COM services
(public offer)
The SMSCENTRE.COM service, hereinafter referred to as the CONTRACTOR, offers, on the terms set out below, to any legal entity or individual entrepreneur, hereinafter referred to as the CUSTOMER, services, the list and amount of payment of which are indicated on the https://smscentre.com website, hereinafter the Website.
1. SUBJECT OF THE AGREEMENT
1.1. Within the framework of this Agreement, the CONTRACTOR provides the following services to the CUSTOMER: sending Messages, receiving Messages, renting virtual numbers, SIM hosting, and other services available in the SMSCENTRE.COM Service (hereinafter referred to as "Services")
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1 The PERFORMER must:
2.1.1. Provide Services to the CUSTOMER in accordance with this Agreement.
2.1.2. To ensure the smooth operation of the SMSCENTRE.COM Service, except in cases of force majeure.
2.1.3. Provide the CUSTOMER with access to the Personal Account, which is carried out after authorization - entering a username and password.
2.1.4. Display in the CUSTOMER's Personal Account information about the credited payments, the status of
E-invoice, the status of each SMS message sent, and other data within the scope of the service
Services under this Agreement.
2.2 The CUSTOMER must:
2.2.1. Use the Service in accordance with the norms of the legislation of the Russian Federation and other countries
where SMS messages are sent to subscribers, as well as in accordance with the norms of international law.
2.2.2. The CUSTOMER undertakes to compensate the CONTRACTOR for losses caused by various payments
that may be collected from the CONTRACTOR due to violations by the CUSTOMER of the provisions of this Agreement.
2.2.3. It is mandatory to get it from the Subscriber to whose phone you plan to send it
SMS messages, consent to receive such SMS messages.
2.2.4. Do not use the SMSCENTRE.COM Service connection:
- for sending SPAM;
- to make requests that may lead to a malfunction of the SMSCENTRE.COM Service;
- to transmit Messages containing obscene words and expressions (in any language), or words consonant with them (orthoepic); Messages of an offensive or defamatory nature; inciting national, racial or religious discord; pornographic or other reprehensible orientation;
- to transmit Messages that do not comply with the requirements of the legislation of the Russian Federation on advertising, including those containing advertising of alcoholic beverages; advertising of beer and beverages made on its basis; advertising of tobacco, tobacco products and smoking accessories; advertising of items withdrawn from circulation or limited circulation without appropriate permits; advertising of risk-based games, betting; advertising of securities, exchange transactions;
- to transmit Messages containing political agitation, advertising and/or related to the electoral process, as well as sent in the interests of persons included in the register of foreign agents and/or information resources of foreign agents;;
- to transmit Messages containing threats of any nature, including threats of violence, causing property damage and other adverse consequences;
- to transmit Messages that mislead Subscribers or recipients, for example, sent in someone else's name or reporting false information;
- to send Voice messages containing confirmation codes for authorization in applications, services, and websites.
2.2.5. Use the SMSCENTRE.COM Service to carry out advertising and /or mass mailings, as well as the transmission of messages containing financial / commercial information, only after the conclusion of a written contract in accordance with the instructions. A contract for sending such messages can be concluded with an existing legal entity or an individual entrepreneur. The conclusion of a written contract may also be provided for the connection of some paid services.
2.2.6. Register the sender's Name to send SMS messages. Do not assign brand names, trademarks, or brands to which the CUSTOMER is not related to Messages as the Sender's Name. Do not use the same Sender's Name to send Messages from different companies, services, organizations, and legal entities. If the Telecom Operator discovers the fact of using the Sender's Name to send SMS messages in the interests of different persons, the cost of all SMS messages transmitted on this behalf can be recalculated by the Operator at the maximum tariff with an increasing coefficient.
2.2.7. Timely, in the amount and on the terms provided for in this Agreement, to pay
CONTRACTOR's services.
2.3. The CONTRACTOR has the right to:
2.3.1. Block the CUSTOMER's Personal Account when sending Messages to the latter that violate the requirements of the legislation of the Russian Federation and/or the terms of this Agreement.
2.3.2. The CONTRACTOR has the right to refuse to assign the Sender's Name to the CUSTOMER if it considers that this sender's Name may affect the reputation of third parties or organizations.
2.3.3. The CONTRACTOR has the right to unilaterally change the tariffs posted on the CONTRACTOR's website
2.3.4. The CONTRACTOR has the right to suspend the provision of Services in case of non-fulfillment by the CUSTOMER of payment obligations.
2.3.5 The Personal Account and/or the data contained therein may be deleted by the CONTRACTOR if the Customer does not use the SMSCENTRE.COM Service for 3 (three) years.
2.4. The CUSTOMER has the right to:
2.4.1. Require the CONTRACTOR to provide Services in accordance with the terms of this Agreement.
2.4.2. Receive in your Personal Account information about the status of the Electronic Account, about credited payments, details on expenses for Services actually rendered by the CONTRACTOR, information on each SMS message sent and / or received.
3. COST OF SERVICES AND PAYMENT PROCEDURE
3.1. The CUSTOMER pays for the Services provided under this Agreement in accordance with the applicable Tariffs set in the CUSTOMER's personal account and on the CONTRACTOR's website.
3.2. Payment for Services under this Agreement is made by transferring funds to the CONTRACTOR's account (non-cash payments to the CONTRACTOR's current account, payments via electronic payment systems). In the case of non-cash payments to the CONTRACTOR's current account on the basis of invoices, the costs of services rendered are covered by the CONTRACTOR with acts on services rendered or a universal transfer document. In the case of payments via electronic payment systems, the CONTRACTOR does not provide closing documents.
3.3. In the event of termination of this Agreement, the funds unused on the Electronic Account will be returned by the CONTRACTOR to the CUSTOMER within 10 (ten) business days.
4. PRIVACY POLICY
4.1. All terms of the Agreement, as well as any information and data received by the Parties in connection with the execution of the Agreement, are strictly confidential and are not subject to disclosure and transfer to third parties, except in cases where such information is necessary for the execution of the Agreement or is mandatory by law.
4.2. The Parties undertake to maintain strict confidentiality and to take all possible actions
no less than the actions that each of the Parties takes to protect its own
information.
5. LIABILITY OF THE PARTIES
5.1. The Parties are responsible in accordance with this Agreement and the law.
5.2. If one of the Parties fails to fulfill the obligations of the Contract, it undertakes to compensate
the injured Party for direct documented losses.
5.3. The CUSTOMER is fully responsible for the storage of the password and the unavailability of the password to the Personal Account to third parties.
5.4. The CUSTOMER is responsible for the content of the Message and the assigned Name of the sender.
5.5. In case of violation by the CUSTOMER of any of the clauses 2.2.1, 2.2.3, 2.2.4, 2.2.5 of this Agreement,
The CONTRACTOR has the right to collect from the CUSTOMER a penalty in the amount of 1 000 (one thousand) rubles for each case of violation.
6. PROCEDURE FOR CONSIDERATION OF CLAIMS AND DISPUTES
6.1. The CUSTOMER's claims for the Services provided are accepted by the CONTRACTOR for consideration
in writing to the CONTRACTOR's E-mail no later than 10 (ten) working days from the moment
of the dispute. The term of consideration of the CUSTOMER's claims is no more than
10 (ten) business days.
7. PROCEDURE FOR TERMINATION OF THE CONTRACT
7.1. The agreement may be terminated by either Party unilaterally out of court with prior notification to the other Party 10 (ten) calendar days before the date of termination of the agreement.
7.2. Termination of this Agreement does not release the Parties from the obligation to fully repay
the debt, if any, for the entire period up to the date of termination of this Agreement.
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