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Agreement/Offer

Public offer for entering into Agreement for provision of prepaid Wi-Fi wireless Internet access services

The Open Joint Stock Company Comstar – United Telesystems, hereinafter referred to as the "Contractor", represented by S.V.Pridantsev, President, acting on the basis of the Charter, offers to any individual (hereinafter, the User),  to conclude this Agreement for provision of Wi-Fi wireless Internet access services on prepayment basis (hereinafter, the Agreement) by way of acceptance by such individual of this public offer.

Performance by User of actions to meet the terms and conditions hereof in line with paragraph 3, article 438 of RF Civil Code, shall mean the user’s complete and unconditioned acceptance of this offer/agreement whereupon the latter shall be deemed concluded as follows:

In this agreement the stated below terms shall have the following meaning:

  • "Offer" shall mean a Contractor's offer to any individual to sign an agreement on the provision of Wi-Fi wireless access to Internet, on the same essential terms and conditions as those contained herein, including all annexes and addenda hereto, which acceptance is validated by a personal account opening through activation of a purchased Wi-Fi card;
  • "User" shall mean an individual, who entered into Agreement with contractor on the terms and conditions specified herein.
  • "Agreement" shall mean an agreement on the provision by the Contractor of prepaid Wi-Fi wireless Internet access to the User, concluded between the Contractor and the User on the terms and conditions of this Offer on the date of acceptance of the terms and conditions of the Offer by the User;
  • "Acceptance" shall mean full and unconditional acceptance by the User of the terms and conditions of this Offer by way of opening a Personal account through activation of a purchased Wi-Fi card.
  • "Personal account" shall mean User’s individual account, having a unique number and containing information about cash balance, that User can expend to receive services. User may have several personal accounts at his discretion. Contractor shall open  Account to User upon activation by the latter of a  Wi-Fi card by entering on the authorization page the access detail, indicated on the Wi-Fi card.  The authorization page shall open by default when User is present in a Service coverage area after Equipment setup was made by User as per directions for use, attached to a Wi-Fi card, or at wifi.comstar.ru  and after an attempt is made to get access to any web-site. Information on the status of Personal Account shall be available to User on the Personal Cabinet page.
  • "Service" shall mean the Wi-Fi wireless Internet access service (standard IEEE 802.11b) and other supplementary services offered to User by Contractor under the Agreement,  including Roaming.
  • "Roaming" shall mean Wi-Fi wireless Internet access service (standard IEEE 802.11b) and other supplementary services available to User in wireless access areas of networks run by other Wi-Fi-operators having contractual relations with Contractor.
  • Wi-Fi Card" shall mean a prepaid card using which a payment for the Service is made. The card indicates Contractor’s name and contact phone numbers, size of prepaid minutes, activation time, terms of use, access details: "Log-in " and  "Password ",  enabling access to Service for User.
  • " Card activation period" shall mean  the time beginning from the Card purchase date and lasting until the date set down on the Card’s reverse side, during which an access to Service can be activated by opening a personal account using information indicated on the Card.
  • "Personal cabinet" means a web-page by means of which the User can manage the Service and get statistics about the Service usage and the state of the User's Personal account. Access to the Personal cabinet is made with the User's Equipment in the Service coverage area; for access to Personal cabinet the User has to go through the link «Statistics Viewing», located on the authorization page.
  • "User's Equipment" means an electronic device (a Notebook, Pocket PC, PDA, etc.,) which supports Wi-Fi data transfer technology (Wireless LAN 802.11b).
  1. Subject of Agreement

1.1. The Contractor based on the License of the RF  Ministry of Communications ¹48598, 48594 of  30.03.2007 (Moscow), ¹ 37391, 37386 of  26.10.2005  (Moscow region) and ¹ 39596 of  15.03.2006, ¹ 40485 of 28.04.2006  (Saint-Petersburg) for the provision of data transfer services (excepting voice data) and telematics services, shall provide to the User the Services, including  Roaming, as specified below.

1.2. The Service User can be any individual for whom it is technically feasible to provide the Service. The technical feasibility means that the User is located in the area of consistent reception of the Contractor's Wi-Fi network radio signal (Point of access) and/or other Wi-Fi wireless telecommunication operator contractually tied to the Contractor and that the User's Equipment and software, which have been set up accordingly, are used for the access to the Service. The User's software and Equipment are supposed to be set up by the User himself.

1.3. The opening of Personal Account by entering Log-in and Password, indicated on the Card’s reverse side, shall mean complete and unconditioned consent of User to the terms and conditions of Agreement (Offer acceptance) and shall be the effective date of Agreement.

  1. The rights and obligations of the parties

2.1. The rights and obligations of Contractor

2.1.1. The Contractor undertakes to provide the Service to User as specified under Agreement.  The Contractor’s Service shall comply  with quality requirements stated in this Agreement, the normative documents of Russian Federation regulating provision of services.

2.1.2. The Contractor undertakes to route the User's Internet-traffic to the global Internet.

2.1.3. The Contractor undertakes to allocate to the User a dynamic IP-address for each Service usage session. .

2.1.4. The Contractor shall provide the User with access to statistical data about the state of the Personal account in the electronic format in real time on the web-page of the Personal cabinet. Tariffs to pay for services shall be in Rbs., and all settlements shall be effected in rubles. Data about the state of the Personal account shall be provided in conventional units (1 c.u. = 30 Rbs.) only for convenience of information presentation.

2.1.5. The Contractor undertakes to display on the service information server http://wifi.comstar.ru/ru/ updated information necessary for the User in order to get the Service (addresses at which the Service is provided, including those to which the Service can be delivered by Roaming, terms and conditions of the Service provision, tariffs, instructions, news, answers to frequently asked questions, etc.).

2.1.6. The Contractor undertakes to take the generally accepted technical and organizational measures for ensuring confidentiality of information received or sent by the User. Access of third parties to the information received or sent by the User shall be provided exclusively in accordance with the laws of the Russian Federation.

2.1.7. The Contractor undertakes to ensure that the User's queries and requests regarding the elimination of problems arising in the course of the Service usage, are received on telephone and by e-mail on a full 24-hour basis; to take measures for soonest elimination, to place information about the corresponding telephone number and e-mail address on the site http://wifi.comstar.ru/ru// and Wi-Fi cards.

2.1.8. The Contractor undertakes to ensure that the quality of the Service provision within the Contractor's data network is in accordance with the guiding document ÐÄ 45.129-2000 «Teematics services», approved by RF Ministry of IT and Communications ¹ 175 of 23.07.2001 and other existing normative documents.

2.1.9. The Contractor is exempt from obligations and guarantees with regard to the speed of data interchange between the subscriber's terminal (User's Equipment) and the Contractor's data network over a radio link being a common data channel of the Radio Ethernet type, which can be shared between several subscriber terminals for access to the Contractor's network via a common base station ("point-multi point" configuration): when the Service is accessed all subscriber terminals within the coverage area of the Contractor's radio network are statistically peer.

2.1.10. The Contractor has the right for the purposes of maintenance and upgrade of equipment, including changes to the Internet traffic routing tables to make, when necessary, scheduled interruptions with a full or partial restriction of the Service provision, giving the User a prior notice by posting information about the planned time and duration of the Service interruption on the site http://wifi.comstar.ru/ru/.

2.2. The rights and obligations of the User:

2.2.1. The User undertakes to observe the Service usage Terms specified in Annex 2 hereto being an integral part of the Agreement, and comply with the requirements set out in the Agreement and Annexes hereto.   

  1. Settlement Procedure

3.1. Access to the Service is provided subject to the positive and sufficient for the payment for the Service balance of the User's Personal account.

3.2. Payment for the Service shall be made in accordance with the tariffs for the Service currently in force by way of writing-off from the User's Personal account the money entered into the Personal account at the time of activation of the Wi-Fi Card, purchased by the User.

Notes:

o                                  The Wi-Fi Card is activated as soon as the User enters the access details, specified on the Wi-Fi Card, onto the authorization page. The authorization page opens automatically when the User is in the Service provision field following setting up of the Equipment by the User as per the instructions, attached to the Wi-Fi Card or on site: wifi.comstar.ru, and the attempt to get access to any web-site. When the Wi-Fi Card is activated the User's Personal account will be open, having the positive balance of money in the amount corresponding to the card's nominal value.

o                                  Tariffs for the Service and Wi-Fi Cards (Personal account) validity period, as from the time of its activation, are specified in Annex # 1 hereof.

3.3. All tariffs shall be set by the Contractor in rubles, inclusive of all levies and taxes currently in force in the territory of the Russian Federation.

3.4. The charging and accounting rules in respect of the User shall be determined by the Contractor itself, and are presented in Annex # 1 hereof or on the Service server web-page. The Contractor has the right to change the tariffs or introduce the new tariffs subject to the procedure prescribed in clause 6.3 hereof.

3.5 The User has the right to request the Contractor to refund the cost of the purchased Card, which was not activated within the specified time (the request can be made within the time allocated for its activation), as well as to refund the balance of the unutilized money in the Personal account.

3.6. On expiry of the Card activation time, the Card shall be deemed invalid; in which case the User has the right to request the Contractor to refund the money paid at the time of purchasing the Card, if he/she had no possibility of using the Service not through the User’s fault.

  1. Suspension of Service Provision

4.1. The Service provision hereunder is suspended by the Contractor without prior notice if the balance of the User's Personal account is zero and/or is insufficient for payment for the Service.

4.2. The Contractor has the right to suspend the Service provision without prior notice if the User fails to fulfill the obligations stated in the Agreement, or violates the rules and norms for the Service use, set forth herein and in Annexes hereto.

4.3. If the User’s access to the Service in general or to any part thereof is suspended due to violation of the Service Use Rules or expiry of the Wi-Fi Card validity period,  the unutilized balance of money in the User's Personal account may be refunded by the Contractor to the User at his/her request.

4.4. If the access to the Service is suspended, the Contractor shall not assume responsibility for notification of third parties of depriving the User of the right to use the Service and for possible consequences resulting from absence of such notification.

5.              Liability of the Parties and Other Conditions

5.1. The User is informed and agrees that he/she will not have any claims to the User in connection with the fact that, due to the nature of wireless broadband access, the provided Service may deteriorate, be interrupted or exposed to noise near sources of radio-frequency radiation, electrical devices, due to architectural design features of buildings, etc.

5.2. The User shall be held fully responsible for the security of the Wi-Fi Card, Login and Password and the losses, which may arise due to their unauthorized use. The Contractor shall not be liable and shall not reimburse for the losses resulting from unauthorized use of the User's Wi-Fi Card, Login and Password by third parties, as well as from unauthorized access by third parties to the information relating to the User's Personal account and Personal cabinet.

5.3. In no circumstances the Contractor shall be liable for the direct or indirect damage caused to the User as a result of the provision or non-provision of the Service, which arose not through the Contractor's fault.

5.4. If any clause hereof becomes null and void for any reason, this shall not affect the other terms and conditions of the Agreement. 

5.5. If unsettled claims between the Parties arise, either Party can defend its violated rights in accordance with the procedure established by the Russian law.

5.6. In all other respects not covered by this Agreement, the Parties shall be governed by the prevailing Russian law.

6.              Changes to the Terms and Conditions and Termination of the Agreement

6.1. The Agreement shall take effect at the time of its conclusion (the time of opening the User's Personal account) until the Parties fulfill their obligations hereunder. 

6.2. The Agreement/Offer for the Provision of Wi-Fi Wireless Access to Internet Services on pre-paid basis, including Annexes hereto, are the formal documents. The currently in force version of each of those documents is placed on the Contractor's site:

http://wifi.comstar.ru/ru/to_clients/docs/docs/

http://wifi.comstar.ru/ru/to_clients/docs/app1/

http://wifi.comstar.ru/ru/to_clients/docs/app2/

6.3. The Contractor shall have the right to unilaterally modify the terms and conditions of the Agreement and Annexes hereof, amend the current tariffs, change Service payment options and introduce new tariffs and Service payment options by publishing not less than 10 (ten) days’ notices of such changes on site: http://wifi.comstar.ru/ru/ prior to such changes taking effect.

6.4. The liability risk for timely familiarization of the User with the information placed on site: http://wifi.comstar.ru/ru/ and relating to the conclusion, execution and termination of the Agreement for the Provision of Service including Interoperability, is borne by the User. The continuation of the Service use after 10 (ten) days from placing the updated information on the said site will mean the User’s agreement to the amendments and additions made.

CONTRACTOR
27 Smolenskaya-Sennaya Square, Bldg. 2, 11912 Moscow
ÈÍÍ 7740000069
Settlement Account: 40702810300000001500
JSCB MBRD (OJSC) Moscow
Correspondent Account: 30101810600000000232
ÁÈÊ 044525232
Code ÎÊÏÎ 05834566                             
ÎÊÂÝÄ – 64.20
ÊÏÏ 997750001