Standard contract (offer)
about supply of access service to Internet network by WIFI technology
city of Kiev 1.10.2012
According to civil code of Ukraine this official proposal (hereinafter – “Offer”) of limited liability company “ITNT” hereinafter mentioned as – “Provider”.
According to p. 2 art.642 of civil code of Ukraine in case of acceptance of conditions that are listed as follows by way of Service payment appropriate party is determined as – “User”.
In view of mentioned above we ask you to closely look through the wording of present Offer, in case if you do not agree with conditions or with any of its paragraphs Provider suggests you to refuse obtainment of services. If necessary LLC “ITNT” also can conclude a documented Agreement duly signed and stamped.
- 1. TERMS AND DEFINITIONS
1.1 Offer – Provider’s proposal addressed to User according to article 633 of civil code of Ukraine about concluding of an Agreement about supply of access service to Internet network by WIFI technology upon terms that can be found in public offer.
1.2 Agreement - an Agreement about supply of access service to Internet network by WIFI technology, concluded upon terms of Public offer in the moment of acceptance by User (hereinafter mentioned as – Agreement).
1.3 Service – service of wireless access to Internet network by WIFI technology that is given by Provider to User (hereinafter mentioned as – Service).
1.4 WIFI technology – one of digital data transmission formats by radio channel that provides wireless connection of equipment to Internet network.
1.5 Acceptance – full and unconditional acceptance of conditions of Public offer by User.
1.6 Business account – account in billing system of Provider on which User’s payments and amounts of money retained (charged) from these payments as fee for provided Service. Business account has unique identifier – “Subscriber code”.
1.7 User – anyone who concluded an Agreement with Provider upon terms that can be found in public offer.
1.8 User’s equipment – electronic device (computer, laptop, smartphone, etc.) that supports wireless data transmission technology WIFI by standards of IEEE 802.11b/g/n.
1.9 Access point – equipment meant for providing wireless access to Internet network in airports, railway stations, hotels and other places.
1.10 Service area of coverage – geographical area of reliable reception of radiofrequency signal of Provider’s wireless Wi-Fi network.
1.11 Provider’s Web-site – Provider’s www-server on which all the necessary information for using Service is located. Provider’s Web-site located and available in Internet network al address http://wifi.in.ua/
1.12 Personal cabinet – Provider’s Web-site section that contains Subscriber code, tool for replenishment in online mode, information about transactions made for year, present state of his/her Business account and other information.
- 2. SUBJECT
2.1 Provider is obliged to provide to User service of wireless access to Internet network by WIFI technology upon terms of Public offer according to applicable legislation of Ukraine.
- 3. GENERAL PROVISIONS
3.1 All rights and obligations on behalf of Provider are laid upon LLC “ITNT”.
3.2 Actual public offer is addressed to all Users that want to make use of Service and have technical capability to obtain the Service. Technical capability means User’s presence in Service area of coverage and usage for access to Service set User’s equipment and software. User accomplishes setting of software and equipment by him/herself.
3.3 Public offer is Provider’s public proposal to conclude Agreement about supply of access service to Internet network by WIFI technology.
3.4 Period of validity of Public offer terms is unlimited.
3.5 All changes and additions to Public offer are published on Provider’s web-site.
3.6 All terms of Public offer are obligatory for both User and Provider. Before starting Service usage User is obliged to familiarize him/herself with terms of Public offer.
- 4. CONCLUSION OF AN AGREEMENT
4.1 Agreement about supply of access service to Internet network by WIFI technology is concluded by way of acceptance by User of actual Public offer that contains all the essential terms of Agreement without signing by parties and indication of User.
4.2 The payment fact of amount of money by User and transfer of amount of money for Service using means of payment of payment systems mean full and unconditional acceptance of actual Public offer according to the article 642 of civil code of Ukraine.
4.3 The moment of acceptance of actual Public offer that is determined in p. 4.2 is considered to be the moment of concluding of Agreement. Agreement concluded by User by way of acceptance of Public offer has legal validity according to the article 642 of civil code of Ukraine and results equivalent to an Agreement signed by parties.
4.4 User that transferred money for Service using means of payment of payment systems (credit cards, Web-money, etc.) is considered to be familiar and accordant with terms of actual Public offer.
4.5 Agreement is in force from the date of realization by User of actual Public offer acceptance in accordance with regulation mentioned in paragraph 4.2.
- 5. ORDER OF SERVICE SUPPLY
5.1 To obtain Service User must have device that has Wi-Fi interface (smartphone, laptop, pad, e-book, etc.). Where there is a device that doesn’t support Wi-Fi, external adapter Wi-Fi is needed.
5.2 From a list of available wireless nets User chooses a net with name www.wifi.in.ua on his/her device.
5.3 User’s equipment doesn’t need special setting to obtain Service. Connecting to the wireless net is accomplished according to standard procedure of connecting to wireless nets for every type of device.
- 6. SERVICE PAYMENT
6.1 Service may be offered in two modes:
6.2 Free of charge with speed limitation up to 1024 kb/s and demonstration of publicity pages – this mode is available right after connecting to wireless net www.wifi.in.ua and browser launching.
6.3 Fee-paying without speed limitation and publicity – to obtain it User must register in system, load business account by any available way (through payment terminals, by plastic cards, through system of instantaneous Internet-payments).
6.4 After registration User chooses tariffs on removing constraints by him/herself in Private cabinet.
6.5 Tariffs on Services determined by Provider include rates and taxes that have force on territory of Ukraine.
6.6 Rules of tariffing are determined only by Provider.
6.7 Service payment is accomplished according to tariffs that have force as from the date of Service supply.
- 7. RIGHTS AND OBLIGATIONS OF PROVIDER
7.1 Provider is obliged to distribute on the Web-site current information that is essential for User to obtain Service (addresses of areas of Service supply, terms of Service supply, tariffs, instructions, news, including announcements about changes and/or addendum of terms of actual public offer and about tariff changes on supplied Service, etc.)
7.2 Provider is obliged to take general technic and organizational measures for guarantee of information confidentiality that is obtained or sent by User. Third party access to information that is obtained or sent by User is provided exceptionally in concordance with legislation of Ukraine.
7.3 Provider is obliged to guarantee User’s accounting information confidentiality.
7.4 Provider is obliged to guarantee quality of Service supply within the range of Provider data transportation network according to standards of normative documents in force.
7.5 Provider has right to unilaterally introduce modifications and supplements to any paragraphs of this Public offer and also change tariffs on supplied Service with warning of User through Provider’s Web-site no less than 10 (ten) days before the date of changes coming into effect.
7.6 With the aim of equipment and transfer links repair, maintenance of equipment and it’s modernization, including changing of schemes of routing pattern into global Internet network, where necessary Provider has right to make planned and casual breaks with complete or partial constraint in Service supply with User warning by way of distributing information about planned period and interruption duration on Provider’s Web-site.
7.7 Provider has right to keep track of information that is accepted and received in the process of Service usage and unveil any information if it is necessary according to the legislation of Ukraine, upon request of authorized government facilities and also for appropriate Service functioning or defense of Provider and other Users if it is in agreement with respective constitutional rights of citizens and legislation in effect.
7.8 Provider has right to cease User access to Service in a compulsory manner in case of violation by User of rules in p. 7.4 of actual public offer and also in case of receiving from law enforcement authorities official reports about illegal usage by User of access to Internet network.
- 8. RIGHTS AND OBLIGATIONS OF USER
8.1 User must set equipment needed for Service usage by him/herself.
8.2 User is obliged to respect Provider’s and other User’s interests and rights while Service usage.
8.3 User is obliged to check the existence of changes and additions in order of Service supply by him/herself.
8.4 It is prohibited to User while Service usage:
- Service usage for commercial purposes by way of reselling it to the third party;
- Service usage for mass mailing of commercial, agitation and other messages (spam) that are not requested by addressees;
- using Service and without owner’s permission send, publish, broadcast, reproduce or distribute software or other materials that are copyrighted in whole or in part;
- send by Internet network information distribution, usage and possession of which is adverse to Ukrainian or international legislation;
- using Internet network for distribution of materials that humiliate human dignity, encourage violence or extremism, excite racial, national or religious hostility, pursue ruffian or fraudulent aims;
- engage in an action with aim of changing equipment setting or Provider software or other actions that may cause failures in their work.
- 9. CEASE SERVICE ACCESS
9.1 Provider has right to cease User’s Service access if User is engaged or takes part in actions that Provider reasonably considers such that violate rules and regulations of Service usage exposed in actual Public offer or such that violate Resolution orders of Ukrainian Cabinet of Ministers “About adoptions of regulations of provision and reception of telecommunication services” № 295 from 11.04.2012; Law of Ukraine “About telecommunications” and other legislation of Ukraine.
9.2 In case of cease Service access Provider is irresponsible for notification or lack of notification of any third party about privation of User’s Service access and for potential impact that may occur as a result of such warning or its lack.
- 10. ORDER OF BUSINESS
10.1 Claims are presented by User in written form and are subject to recording in in accordance with the procedure established by Provider.
10.2 Examination of a claim is carried out in term established by legislation.
11. LIABILITY OF THE PARTIES. FORCE MAJEURE
11.1 Parties are responsible for non-fulfillment or improper fulfillment of their obligations according to the Ukrainian legislation in effect.
11.2 Provider is not responsible for:
- information, advices, software that are obtained by User through Internet network;
- any expenses or damage that directly or casually occurred as a result of autonomous reception by User of information and services through Internet network;
- damage that occurred due to unauthorized access of the third party to User’s resources;
- User’s damage as a result of software activity that was obtained by User by means of Service;
- direct or casual User’s damage as a result of use or impossibility of use of Service;
11.3 Provider does not guarantee:
- possibility of informational exchange with those cross points or servers that are temporary or permanently unavailable through Internet network;
- absolute reliability of Service access;
11.4 Parties are excused from responsibility for non-fulfillment or improper fulfillment of their obligations according to the Agreement for the time being of force majeure circumstances (force majeure). Force majeure circumstances are understood to be extreme and unescapably under existing conditions that interfere with accomplishment of parties’ obligations under Agreement. Among these are natural phenomena (earthquakes, floods, etc.), social unrest (military operations, emergencies, large-scale strikes, epidemics, etc.), prohibitive measures of authorized governmental bodies (embargo on traffic, prohibition of trade in the order of international sanctions, exchange restrictions, etc.). During this period of time parties do not raise reciprocal claims and each party assumes the risk of force majeure consequences.
8. PROVIDER’S ADDRESS AND BANKING DETAILS
Limited liability Company “ITNT”
Address: 03124, city of Kiev, I. Lepse aven. 4
Payment account 26000001370526 in public joint-stock company “OTP Bank” city of Kiev
MFO: 300528; EDRPOU (National State Registry of Ukrainian Enterprises and Organizations): 33944072
Identification number: 339440726570
Tel. (044) 351-10-11; Fax: (044) 351-10-03