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PUBLIC SERVICE AGREEMENT STARTSEND.RU

Moscow 2024

This agreement defines the terms of paid services for providing access and use of the startsend.ru web service for electronic mailing, as well as mutual rights and obligations, the procedure for relations between Individual Entrepreneur Shavel Irina Igorevna, hereinafter referred to as the "Contractor", acting on the basis of the State Registration Certificate dated 08.10.2019, and any natural person or legal entity - the customer of services for providing access and use of the startsend.ru web service for electronic mailing, hereinafter referred to as the "Customer", who has accepted (accepted) the public offer to conclude this agreement (hereinafter - the Parties).

1. BASIC TERMS AND DEFINITIONS

Startsend.ru Web Service - a complex of software tools that allows the Customer to register on the startsend.ru website, create and send SMS and Viber messages, track their status and control their virtual account for a certain period.

Electronic Mailing - mass delivery of messages via email, SMS and/or Viber application

SMS (Short Message Service) - short message service that allows sending and receiving short text messages intended for mobile phones of mobile and land-based communication networks, including GSM standard

SMS Message - a short text message containing information in digital text format, up to 160 Latin characters, or up to 70 non-Latin characters, or each part of a concatenated message up to 140 bytes, or each binary message up to 140 bytes.

"IM Message" (Instant Messaging) - an electronic message that can be received by the Subscriber through a specially installed application ("messenger") on the Mobile Terminal, for example, "Viber", "WhatsApp" and others.

Viber Message - means a message initiated by the Customer and delivered through the Viber application to a Subscriber who has provided consent to the Customer to receive such a message. Such a message may contain text (up to 1000 characters in any language), images, buttons (links to URLs) in any combination.

Spam - "SPAM" - mass mailing of messages without prior written consent of Subscribers, and/or mailing of messages to Subscribers who have expressed refusal to receive such messages, and/or mailing of messages, knowingly misleading Subscribers about the content of the messages/requests or their sender and/or mailing of messages, which in any way violate the laws of the Russian Federation or the country-message" (Instant Messaging) - an electronic message that is received by the recipient.

Subscriber - physical person, agreeing to receive information mailings from the Customer and being in the Customer's client base, connected to mobile communication networks for receiving SMS messages (subscribers of communication operators), or using email for receiving e-mail messages and /or Viber application for receiving Viber messages

Customer's Virtual Account - a software application, giving the Customer the ability to track the arrival and expenditure of funds in his personal account on the user's website.

Tariff - a system of rates for the services provided by the Contractor. The current rates of the Contractor for the services provided to him are posted in the Customer's personal account.

Form "Registration" - a record containing information that the Customer provides about himself when registering on the startsend.ru website.

Customer - the Customer's virtual personal account, located on the servers of the Contractor and accessible at app.startsend.ru, the access to which is provided after authorization (entering the username and password, known only to the Customer), where the Customer is fully responsible for the security of the password.

"Sender's Address" - alphanumeric signature, which the CUSTOMER assigns to the message, when sending to the Mobile Terminal / Email mailbox of the Subscriber

"Communication Operator" - a legal entity providing services to Subscribers on the basis of licenses. Under this Agreement, the Parties also recognize another legal entity as a Communication Operator, thanks to which the CONTRACTOR has the ability to send messages to the network of the corresponding operator.

"Mobile Terminals" - technical means for transmitting and/or receiving signals of electronic communication over communication lines, connected to subscriber lines and in use by subscribers or intended for such purposes.

"Transactional SMS Messages" - SMS message" (Instant Messaging) - an electronic message sent to Subscribers for informing about the operations they have performed using electronic means of payment and for the purposes of fulfilling the requirements of the laws of the Russian Federation, including the Federal Law of June 27, 2011 No. 161-message" (Instant Messaging) - an electronic message, which is the Federal Law "On the National Payment System", agreed with the Communication Operator and may contain the following: card/account/ID of the account; date and time of payment; amount of debit/credit; and the final balance on the account; name of the debit.

"Service SMS Messages" - messages related to the operations of providing / offering services / customer's services to the Customer and informing the Subscriber about events and / or operations in the framework of this service / service. Sending service SMS messages" (Instant Messaging) - an electronic message, which is possible under the condition of prior provision of templates of such messages for agreement with the Communication Operators.

"Advertising SMS Messages" - all SMS messages" (Instant Messaging) - an electronic message, which are not related to Transactional and Service.


2. SUBJECT OF THE AGREEMENT

2.1. The Contractor undertakes to provide the Customer with services for ensuring access to the startsend.ru web service, which provides mass delivery of messages using SMS and/or Viber application (electronic mailing) for a certain period (hereinafter - services), and the Customer undertakes to accept and pay for the services provided by the Contractor.

2.2. This Agreement is a public agreement (Article 426 of the Civil Code of the Russian Federation), in accordance with which the Contractor undertakes to provide services on the startsend.ru website, specified in paragraph 2.1 of this Agreement, in relation to each of the Customers, who will turn to the Contractor for such services.

2.3. Placement of the text of this Agreement on the Contractor's website at http://startsend.ru/about.php is a public offer of the Contractor in accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation, on the basis of which the Contractor will conclude an agreement with any of the Customers, who will agree to conclude this Agreement.

2.4. Conclusion of this Agreement is carried out by attaching the Customer to this Agreement, i.e., by accepting (accepting) the conditions of this Agreement as a whole, without any conditions, exceptions and reservations (Article 428 of the Civil Code of the Russian Federation).


3. PROCEDURE FOR CONCLUSION OF THE AGREEMENT

3.1. To conclude this Agreement, the Customer registers on the Contractor's website www.startsend.ru by filling out the "Registration" form. Unconditional acceptance of this Agreement by the Customer is such registration on the Contractor's website and marking "I have read and agree with the terms of the Public Agreement".

3.2. Unconditional acceptance of the conditions of this Agreement also includes:
- the Customer making any payment in advance for the services of the Contractor;
- the fact of any use of the Contractor's web service www.startsend.ru, including;
creating an account, transferring, recording, storing, viewing, downloading, uploading information and materials of any format and character from and to the web service www.startsend.ru, as well as all other possible actions related to the use of the web service www.startsend.ru and(or) its components and functions.

3.3. Under the reporting period for providing services for the purposes of this Agreement, it is understood that each 1 (one) calendar month of providing services, starting from the date of conclusion of this Agreement by the Customer. The date of conclusion of this Agreement is recognized by the Parties as the date of the Customer's actions, provided for in paragraphs 2.5 and (or) 2.6 of this Agreement.

3.4. After conclusion of this Agreement, the Customer gains access to his personal account with a personal login and password. In his personal account, the Customer independently prepares text of messages and instructions for sending SMS and Viber messages (hereinafter - messages) to the Subscribers at the required time.

3.5. Under his contractual obligations with the Customer, the Contractor ensures only technical possibility for conducting electronic mailings. The Customer conducts electronic mailings completely independently. The Contractor does not conduct electronic mailings for his own purposes.

3.6. In his activities, the Contractor does not act as a commercial producer, distributor and advertiser in accordance with the formulations of Articles 38-38 of the Federal Law "On Advertising" of March 13, 2006 No. 38-FZ. The Customer acts as an advertiser, commercial producer and distributor.

3.7. The Contractor does not process advertising messages and does not organize interaction between the Customer and the Subscriber on advertising issues.


4. CUSTOMER'S RIGHTS AND OBLIGATIONS

4.1. The Customer has the right:

4.1.1. To receive information about the status of each message sent to the Subscriber in his personal account.

4.1.2. To receive technical support by sending electronic messages to the address support@starsend.ru 24\7 (MSK).

4.2. The Customer is obliged:

4.2.1. To use the Contractor's web service www.startsend.ru exclusively for transmitting information to the Subscribers, in accordance with the norms of the laws of the Russian Federation, including: in accordance with the Federal Law "On Advertising" of March 13, 2006 No. 38-FZ, the provisions of the laws regulating the issues of protection of copyright and other rights on objects of intellectual property, protection of personal rights, religious and public beliefs, national dignity, in force in the territory of the Russian Federation, as well as in accordance with the norms of international law.

4.2.2. To comply with ethical, moral and legal norms when sending messages to the Subscribers, namely: not to use the Contractor's web service www.startsend.ru for transmitting or receiving materials of a crude, offensive, humiliating or threatening nature, in violation of copyright and other rights or materials, conflicting with the current Russian or international legislation.

4.2.3. To form instructions for sending any types of messages only upon receiving consent from the Subscribers. The user independently and at his own expense receives such consent, resolves claims of any third parties, in particular, the recipients of messages, authorities of state bodies on all issues arising from the Customer's violation of this Agreement.

4.2.4. To timely and in full pay for the services of the Contractor in accordance with the current tariffs.

4.2.5. Not to include the addresses of the Subscribers who have not given consent to receive electronic mailings in the database. Delete the addresses of the Subscribers who have refused to receive electronic mailings from the database.

4.2.6. Not to take any actions that may impair the functionality of the Contractor's web service www.startsend.ru.

4.2.7. Not to conduct electronic mailings on behalf of third parties on the basis of his Subscribers, except in cases where the Subscribers have agreed to receive such information.

4.2.8. Not to damage, block, overload or in any other way harm the networks, servers, where the software is installed, which ensures the operation of the Contractor's web service www.startsend.ru. In the event of such actions, the Customer is obliged to compensate the losses caused by such actions, and the Contractor has the right to terminate this Agreement and stop providing services until the Customer stops such actions and the losses have not been properly compensated.

4.2.9. To bear all costs associated with accessing the Internet, paying for traffic and other.

4.2.10. To ensure the confidentiality of the login and password of the Customer's personal account in the system app.startsend.ru and on the website www.startsend.ru.

4.2.11.To inform the Subscribers about the possibility and ways of their refusal to receive further electronic mailings by any accessible means.

4.3. The Customer is prohibited:

4.3.1. Not to assign the addresses of the Senders: the name of any legal structure (operator of mobile communication, banks, insurance structures, state and government institutions, etc.), to which the CUSTOMER does not have relations, except in cases where the legitimacy of using such a Sender's address is confirmed by the legal structure itself; obscene words and expressions (in any language), or words similar to them (orthoepic), or other words of offensive content, including, but not limited to, words that offend national, religious or other sentiments.

4.3.2. To use the connection to the Contractor's web service app.startsend.ru for sending Spam; to perform requests that may lead to the disruption of the operation of the app.startsend.ru web service; to send messages containing obscene words and expressions (in any language), or words similar to them (orthoepic); messages of an offensive or defamatory nature; inciting national, racial or religious strife; pornographic or other inappropriate orientation; for sending messages, which do not comply with the requirements of the laws of the Russian Federation on advertising, including those containing advertising for alcoholic beverages; advertising for beer and drinks made from it; advertising for tobacco, tobacco products and smoking accessories; advertising for items removed from circulation, or limited circulation; advertising for games based on risk; advertising for securities; for sending messages containing political propaganda; for sending messages containing threats of any nature, including threats of violence, causing damage to property and other adverse consequences; for sending messages, misleading Subscribers, for example, sent under a false name or containing false information.


5. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR

5.1. The Contractor has the right:

5.1.1. To suspend the possibility of using the Contractor's web service app.startsend.ru by the Customer in cases of planned preventive (regulatory) and repair work, which will be planned for the time when this may cause the least damage to the Customer and inform the Customer about this by email, provided in the Customer's personal account, not less than 2 (two) working days before the date of such work.

5.1.2. To update the versions of software that ensure the operation of the Contractor's web service app.startsend.ru, as a result of which in the software of the Contractor's web service app.startsend.ru its functions and components, in the form and manner of providing services on the Contractor's website, in all materials, conditions, texts, programs, modules, components, interfaces, graphic design will undergo constant changes.

5.1.3. To block some mailings, including, but not limited to, cases when the content of the mailing does not meet the requirements set out in this Agreement or applicable legislation, or contains signs that Subscribers did not consent to receive such a mailing.

5.1.4. To change the cost of services and other conditions of this Agreement unilaterally. In this case, the Contractor is obliged to publish on the Contractor's website at www.startsend.ru a notification about changes in the conditions of this Agreement.

5.1.5. To suspend providing services in case of non-fulfillment of the Customer's obligations under this Agreement.

5.2. The Contractor is obliged:

5.2.1. To keep confidential the information received from the Customer, not to disclose it, not to publish it and not to allow third parties access to it (except in cases provided for by applicable legislation).

5.2.2. After conclusion of this Agreement, to provide the Customer with access to his personal account with a personal login and password, allowing him to access the app.startsend.ru web service. The services of accessing the app.startsend.ru web service ensure the transmission of traffic of messages, their formation, delivery, and preparation of a delivery report.

5.2.3. To provide the Customer with access to statistics through his personal account by providing the login and password of access to the protected area of the Customer.

5.2.4. To display in the Customer's personal account information about the payments credited to his virtual account, the status of his virtual account, the status of each sent message and other data in the framework of providing services under this Agreement.

5.2.5. To block the Customer's personal account or suspend providing services in case of sending the last messages, corresponding to the signs of SPAM, messages of fraudulent, offensive or defamatory nature, inciting national, racial or religious strife, messages of a pornographic nature or in any other way violating the current legislation of the Russian Federation and the terms of this Agreement, including in case of late payment, as well as in case of receiving numerous complaints from Subscribers about the Customer's mailings (more than 5 in one month).

5.2.6. To delete the Customer's personal account from DEVINO Platform in case of absence of operations in the framework of the Customer's personal account for 180 (one hundred eighty) calendar days. In case of need, the Customer's personal account may be restored upon written application to the CUSTOMER.

5.2.7. To refuse the CUSTOMER the assignment of the Sender's address in case of violation of the terms of this Agreement.

5.2.8. In case of changes in the rates for providing services by the Communication Operator (as well as in case of changes in the rates for providing services by the aggregator or other subcontractor, thanks to which the CONTRACTOR has the ability to send messages to the network of the corresponding operator) or other circumstances, in which case the costs of the CONTRACTOR change, the CONTRACTOR has the right unilaterally to change the current rates and the cost of services with preliminary notification to the CUSTOMER by e-mail 10 (ten) calendar days before the date of introduction of new rates, provided that:
- if the CUSTOMER continues to use the Services, this is considered his consent with the new rates.
- if the CUSTOMER does not consent to the new rates, he stops using the Services and informs the CONTRACTOR by e-mail 5 (five) working days from the date of receiving the notification from the CONTRACTOR. In this case, the CONTRACTOR blocks the Customer's personal account. Providing confirmation of increased costs or any other supporting documents from the Communication Operators or third parties is a right, but not an obligation of the CONTRACTOR. The sufficient ground for changing the rates and the cost of services is a notification from the CONTRACTOR.


6. COST OF SERVICES AND PROCEDURE FOR SETTLEMENT

6.1. The Customer pays for the services provided under this Agreement in accordance with the terms of this Agreement and the current tariffs specified in the "Tariffs" section of his personal account on the website www.startsend.ru, by automatic deduction from the Customer's virtual account in his personal account of funds.

6.2. The Customer independently monitors the balance of funds on his virtual account and performs its replenishment.

6.3. The date of fulfillment of the Customer's obligations under this Agreement is the date of crediting funds to the Customer's virtual account.

6.4. Replenishing the virtual account is carried out by the Customer independently using the methods specified on the website www.startsend.ru in the "Payment Methods" section.

6.5. In the event of the Contractor's failure to receive written complaints from the Customer regarding the volume, quality, composition and price of the services within 5 (five) working days after the end of the reporting period for providing services, the Contractor's obligations under this Agreement are considered fulfilled in full and in full volume.

6.6. The moment of the end of the reporting period for providing services is the last working day of the month in which the services were provided.


7. LIABILITY OF THE PARTIES

7.1. The Parties are jointly and severally liable in accordance with this Agreement and applicable legislation.

7.2. In case of non-fulfillment of one of the Parties' obligations under this Agreement, it is obliged to compensate the injured Party for direct, documentary evidence of losses.

7.3. The Customer is fully responsible for keeping the password and the inability to access his personal account with third parties.

7.4. The Customer is fully responsible for the content of the messages and the assigned sender's address.

7.5. In case of violation of any of the following provisions of this Agreement: 3.2.1, 3.2.2, 3.2.3, 3.2.7, 3.2.11, 3.3.1, 3.3.2, the Contractor has the right to claim damages from the Customer in the amount of 50,000 (fifty thousand) rubles for each such case of violation.

7.6. In case it turns out that as a result of using the Contractor's web service app.startsend.ru by the Customer for the purpose of sending messages, the basis has arisen for claims, lawsuits and / or instructions to pay fines from state bodies and / or third parties, the Customer is obliged to immediately provide the Contractor with all the information he requests regarding such mailing and the content of the messages, to cooperate with the Contractor in resolving such claims and lawsuits, and also to compensate all losses (including court costs, expenses on payment of fines, expenses on legal services), caused by the Contractor as a result of such claims, lawsuits, instructions in connection with the violation of the rights of third parties and/or the current applicable legislation.

7.7. The Contractor is not liable for non-receipt or late receipt of messages from the Subscriber due to the following reasons:
— delivery of SMS messages to the Subscribers is possible only within the range of radio coverage of base stations of the corresponding networks;
— the quality of delivery of SMS messages may be adversely affected by such factors as physical obstacles, impeding the spread of radio waves, weather and atmospheric phenomena, radio-interference cases, as well as breakdowns in telecommunication networks, to which the software-hardware complexes of the Contractor are connected;
— the Subscriber's mobile phone may be turned off at the time of delivery of SMS messages;
— the Subscriber's email server refuses to accept messages, based on their content.

7.8. The Customer is fully responsible for the content and form of the messages, for the accuracy, reliability, completeness, legality, quality and content of the information published by the Customer in his mailings, the legitimacy of using logos, signs for goods and services, commercial names and other objects of intellectual property and means of individualization, as well as for the absence of mandatory information in the messages required by applicable legislation.


8. FORCE MAJEURE

8.1. The Parties are released from liability for partial or complete non-fulfillment of their obligations under this Agreement if this non-fulfillment was caused by an irresistible force. The circumstances of an irresistible force are understood in accordance with paragraph 3 of Article 401 of the Civil Code of the Russian Federation.

8.2. The Party citing the circumstances of an irresistible force is obliged to inform the other Party in writing within 5 (Five) working days, but not later than 5 (Five) working days, about the occurrence and termination of such circumstances. Such a ground for exemption from liability has effect from the date of the occurrence of the action of an irresistible force. The absence of notification places the Party that has violated the obligation to compensate for the damage that could have been prevented in other cases.

8.3. The action of an irresistible force postpones the fulfillment of obligations for a period during which such action is in progress. If such a state of non-fulfillment of any Party's obligations arising from this Agreement lasts more than 3 (Three) months, the Parties conclude an Agreement on the termination of this Agreement and carry out settlements in connection with the impossibility of fulfilling their obligations under this Agreement.


9. CONFIDENTIALITY. CUSTOMER'S PERSONAL DATA

9.1. The Customer undertakes to ensure the confidentiality and not to disclose information that constitutes the commercial secret of the Contractor, the access to which the Customer has received in the course of performing this Agreement.

9.2. The Parties have agreed on the following limits for the use of information that constitutes the commercial secret: the Customer undertakes to use information that constitutes the commercial secret of the Contractor, solely for the benefit of the latter and only for the purpose of fulfilling his obligations under this Agreement.

9.3. The Customer is obliged to ensure the confidentiality of information that constitutes the commercial secret of the Contractor, throughout the term of this Agreement, as well as for four years after its termination (termination or refusal to perform).

9.4. The Customer is obliged to immediately inform the Contractor in writing about any attempts to gain access to information that constitutes the commercial secret of the Contractor.

9.5. When concluding this Agreement, the Customer gives his consent to the processing, collection and storage of personal data, in accordance with the norms of the current applicable legislation.

9.6. The Contractor is an operator, processing personal data in accordance with the Federal Law "On Personal Data" of July 27, 2006 No. 152-FZ.

9.7. When receiving from the Customer his personal data, the Contractor undertakes to ensure the confidentiality and security of the received personal data, if otherwise not provided for by the purposes of their processing and the terms of this Agreement, and not to transfer the specified personal data to any third parties without the Customer's consent, except in cases provided for by applicable legislation. The Contractor has the right to carry out the following actions with the Customer's personal data: processing, including collection, recording, systematization, accumulation, storage, updating (updating, changing), use, deletion of personal data, in accordance with the Policy on the processing of personal data from November 15, 2019.

9.8. The Contractor takes necessary legal, organizational and technical measures or ensures their implementation for protecting personal data from unauthorized or accidental access to them, destruction, modification, blocking, copying, providing, dissemination of personal data, as well as other unauthorized actions in relation to personal data.


10. PROCEDURE FOR RESOLVING DISPUTES

10.1. All disputes and disagreements that may arise during the performance of this Agreement or in connection with it are resolved by the Parties through negotiations. In case of inability to resolve disagreements, disputes under this Agreement are resolved in accordance with the procedure provided for by applicable legislation, at the location of the Contractor's office. The initiation of court proceedings must be preceded by an obligatory pre-litigation procedure for resolving the arisen dispute. The Parties hereby establish a 10-day period for consideration of the claim addressed to them.

10.2. The Contractor has the right not to consider claims submitted with a gap in the terms provided for by applicable legislation or this Agreement.


11. OTHER CONDITIONS

11.1. The services paid for by the Customer are considered provided to the Customer in full and in accordance with his requirements and are accepted by the Customer if no written complaints have been received from the Customer to the Contractor within 5 (five) working days from the end of each reporting period for providing services.

11.2. After 5 (five) working days from the end of each reporting period for providing services, the Contractor prepares a unilateral act on the services provided (hereinafter - Act) with indication of the services provided to the Customer and sends it to the Customer. The Act may be prepared in the form of an electronic document and signed by the Contractor using electronic digital signature (ЭЦП) in accordance with applicable legislation.

11.3. The Contractor's obligations under sending the Act to the Customer are considered fulfilled in full, in particular, in case of displaying the signed Act with the use of electronic digital signature (ЭЦП) in the Customer's personal account or receiving such Act from the Customer by email, the address of which was specified by the Customer during registration on the Contractor's website www.startsend.ru, and through other applicable communication channels.

11.4. The Contractor informs the Customer about changes made unilaterally in this Agreement by placing corresponding information on the Contractor's website www.startsend.ru by SMS and / or Viber – 72 hours before the changes come into force. The Customer has the right to refuse to accept the changes in the conditions of this Agreement, not to order, not to pay for the services of the Contractor and not to use the Contractor's web service app.startsend.ru, and in such a case, this Agreement will be considered terminated. The Customer confirms his consent to the conditions of this Agreement in the last valid version of the Agreement.

11.5. In relation to Viber messages, the Customer is informed, understands and agrees that Viber Media S.àr.l. constantly adds additional capabilities to its services, and the current legislation changes from time to time, so the conditions of this Agreement regarding Viber messages may be revised. The Customer must familiarize himself with the conditions of this Agreement regarding Viber messages at http://www.viber.com/eula (Viber Conditions). The Customer gives his consent to receive notifications about updates of Viber Conditions by publishing updated Viber Conditions on the Viber Media S.àr.l. services. If the Customer does not consent to any of the provisions of the updated Viber Conditions, the Customer must stop using Viber messages and/or delete his account in relation to Viber messages. Continuing to use any of the Viber message services, the Customer accepts all changes in the Viber Conditions.

11.6. SMS message contains information in digital text format up to 160 Latin characters, or up to 70 non-Latin characters including spaces. In case SMS message exceeds the specified length, it is considered to consist of several parts, each of which is charged as a separate SMS message. The length of each part of a multi-part SMS message, including the length of its first part, is 153 Latin characters or 67 non-Latin characters. When sending SMS messages, consisting of ten or more parts, the Contractor does not guarantee the correctness of their delivery to the Subscriber. The Contractor also does not guarantee the correctness of delivery of SMS messages to the Subscriber when he is roaming.

11.7. In case any provision of this Agreement becomes invalid or unenforceable, all other provisions of this Agreement remain in force.

11.8. Features of sending SMS message" (Instant Messaging) - electronic message:
SMS message" (Instant Messaging) - electronic message, which can be prepared in three formats: "Unicode" (including Cyrillic), "7bit" (Latin text and most characters) and "Binary" (binary data without interpretation). SMS message," (binary data without interpretation). SMS message" (Instant Messaging) - electronic message, which contains more characters than the standard for the corresponding format is divided into several SMS messages" (Instant Messaging) - electronic message, which contains messages (segments). In this case, the cost of services is calculated for each segment.
Standard number of characters in one SMS message" (Instant Messaging) - electronic message, which contains:
1. "Unicode" - 70 characters for text, fitting into one SMS message" (Instant Messaging) - electronic message, which contains message and 67/66 characters (depending on the format used) for text, fitting into two or more SMS messages" (Instant Messaging) - electronic message, which contains messages (for example, text of 135 characters is considered as 3 SMS messages" (Instant Messaging) - electronic message, which contains messages). At the same time, symbols "^", "{", "}", "\", "[", "]", "~", "€", "`" are considered as two characters;
2. "7bit" - 160 characters for text, fitting into one SMS message" (Instant Messaging) - electronic message, which contains message and 153/152 characters (depending on the format used) for text, fitting into two or more SMS messages" (Instant Messaging) - electronic message, which contains messages (for example, text of 310 characters is considered as 3 SMS messages" (Instant Messaging) - electronic message, which contains messages).
3. "Binary" (binary data without interpretation). SMS message," - 140 bytes for information, fitting into one SMS message" (Instant Messaging) - electronic message, which contains message and 134/133 bytes (depending on the format used) for information, fitting into two or more SMS messages" (Instant Messaging) - electronic message, which contains messages
When sending ten or more concatenated SMS messages" (Instant Messaging) - electronic message, which is not guaranteed
CORRECTNESS of their delivery to the CUSTOMER. THE CONTRACTOR also does not guarantee the correctness of delivery of messages to the CUSTOMER when he is roaming.
THE CONTRACTOR is not liable in case of sending messages from the CUSTOMER with incorrect coding, if this led to segmentation of messages or their repeated or multiple payment. The sender's address must consist exclusively of digits and/or Latin letters and cannot be longer than 11 characters. The sender's address is assigned based on the application submitted by the CUSTOMER, in an arbitrary form up to 15th of the month preceding the month of providing services, in which case final connection of the sender's address takes place after its approval by the corresponding Communication Operator. Changes and exclusion of the sender's address are also carried out on the basis of the application submitted by the CUSTOMER. In cases provided for by the requirements of Communication Operators, the assigned CUSTOMER's sender's address may be changed by the CONTRACTOR to another sender's address, which may be assigned in the network of the corresponding Communication Operator.
In case the sender's address contains a trademark or service mark corresponding to the trademark or service mark must be registered in the order provided by the current legislation or used by the CUSTOMER on other legal grounds.
Features of sending "IM Message" (Instant Messaging) - electronic message:
The CUSTOMER provides "IM Message" (Instant Messaging) - electronic message, which is to be
included in "IM Message" (Instant Messaging) - electronic message, which is to be agreed upon by the CONTRACTOR not later than 5 working days before the planned
date of the first mailing. THE CONTRACTOR has the right not to provide services in relation to "IM Message" (Instant Messaging) - electronic message, the content of which does not comply with the terms of this Agreement.

11.9. The Customer hereby expresses his consent to receive e-mail and SMS mailing of informational and advertising nature to the email addresses and mobile phone numbers specified by him during registration on the Contractor's website.

11.10. The applicable law for this Agreement is the law of the Russian Federation.


12. FINAL PROVISIONS

13.1. This version of the agreement is valid from _______________ 2019 and applies to all legal relations that arose before the date of its publication.

13.2. The Parties recognize the location of the Contractor as the place of conclusion of this agreement.

13.3. This agreement comes into force from the date of acceptance of this agreement by the Customer and is valid until the Contractor fully provides the paid services to the Customer.