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To conclude the contract, you must send an application from the email address specified in the settings of your personal account to our e-mail email@example.com, specifying the following information in the letter:
about the provision of SMSCENTRE.COM services
The service "SMSCENTRE.COM", hereinafter referred to as the CONTRACTOR, offers on the terms set out below to
any legal entity, hereinafter referred to as the CUSTOMER, services, the list
and amount of payment for which are indicated on the site http://smscentre.com, hereinafter referred to as the Site.
1. SUBJECT OF THE AGREEMENT
1.1. Under this Agreement, the CONTRACTOR provides the following services to the CUSTOMER: sending SMS messages, receiving SMS messages (hereinafter referred to as "Services") via the SMSCENTRE.COM Service.
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. Ensure the smooth operation of the SMSCENTRE.COM Service, except in cases of force majeure.
2.1.3. Provide the CUSTOMER with access to statistics through your Personal Account by providing a username and password to access the CUSTOMER's protected area.
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 assign SMS messages as the sender's Address the name of any legal entity to which the CUSTOMER is not related.
2.2.5. Do not use the connection to the SMSCENTRE.COM Service:
- for sending SPAM;
- to execute requests that may cause the SMSCENTRE.COM Service to fail;
- for the transmission of Messages containing obscene words and expressions (in any language), or words consonant with them (orthoepic); Messages of an offensive or slanderous nature; inciting national, racial or religious discord; pornographic or other reprehensible orientation;
- for the transmission of 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 restricted circulation; advertising of risk-based games, bets; advertising related to raising funds of participants in shared-equity construction; advertising of securities, exchange operations;
- for transmitting Messages containing political agitation;
- 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.
2.2.6. 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.
2.2.7. Do not assign brand names, trademarks, brands to which the Customer has no relation to Messages as the Sender's Name. Do not use the same Sender's Name to send Messages from different companies, services, organizations, 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..
2.2.8. 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 the latest SMS messages that correspond to the criteria listed in point 2.2.5.
2.3.2. The CONTRACTOR has the right to refuse to assign the Sender's Address to the CUSTOMER if it considers that this Sender's Address may affect the reputation of third parties or organizations.
2.3.3. In the event of changes in tariffs for the provision of communication services by Operators, as a result of which the CONTRACTOR's costs related to the performance of this Agreement change, the CONTRACTOR has the right to unilaterally change the cost of Services.
2.3.4. The CONTRACTOR has the right to suspend the provision of Services in case of non -fulfillment of payment obligations by the CUSTOMER.
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 laws and regulations. Rates set in the Customer's personal account 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 settlement account on the basis of the invoices issued, the expenses for the services rendered are covered by the Contractor with acts on the services rendered or a universal transfer document. In case of making payments via electronic payment systems, the closing documents are not provided by the Contractor.
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.
4.1. All the terms of this Agreement, as well as any information and data received by the Parties in connection with the performance of this Agreement, are strictly confidential and are not subject to disclosure and transfer to third parties, except in cases where the disclosure of such information to the competent authorities 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 SMS messages and the assigned sender's Address.
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. This Agreement may be terminated by the CONTRACTOR unilaterally in case of violation by the CUSTOMER of one of the following points: 2.2.1, 2.2.3, 2.2.4, 2.2.5 of this Agreement.
7.2. The CUSTOMER has the right to refuse the Services of the CONTRACTOR at any time and terminate this Agreement. Unilateral agreement.
7.3. 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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License no. 166255
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