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Terms of provision of communications services

1. GENERAL PROVISIONS

1.1. The present Terms of provision of communications services (hereinafter the “Terms”) govern the relations between PJSC “VimpelCom” (hereinafter the “Operator”) and the User arising out of the provision of telematic communications services, specifically, the provision of session access to the Internet using the Wi-Fi technology (hereinafter the “Service”).

1.2. The Operator shall provide the User with session access to the Internet in accordance with the present Terms, and the User shall comply with the Terms.

1.3. To be able to use the Service, the User should be located within the Wi-Fi hotspot coverage zone maintained by the Operator and have an appropriate subscriber device (pocket PC, notebook, telephone device, smartphone, tablet device or other device with a Wi-Fi module).

1.4. The Service is available within the license territory assigned to the Operator by the Ministry of Communications and Mass Media of the Russian Federation (Ministry of Information Technologies and Communications of the Russian Federation)* as part of the licenses granted to the Operator for data transfer communications services and telematics services within the Operator’s Wi-Fi coverage zone.

1.5. Access to the Service shall only be granted once the User acknowledges and agrees with the present Terms.

1.6. The Service may have restrictions limiting the speed of Internet access, duration of Internet sessions, term of provision of Internet access sessions, and data transfer volumes.

2. OPERATOR

2.1. The Operator guarantees that the quality characteristics of the Service shall comply with the standards and technical regulations established by competent government authorities of the Russian Federation and the terms and conditions of the Operator’s licenses.

2.2. The Operator shall render the Services in compliance with the laws of the Russian Federation and licensing conditions.

2.3. The Operator reserves the right to suspend provision of Services for planned maintenance of communications infrastructure and equipment used for provision of Services.

2.4. In the course of provision of services and under a procedure prescribed by applicable laws, the Operator reserves the right to limit user access to information systems containing information content, the dissemination of which is prohibited under applicable laws, and also block network addresses used by such information systems.

2.5. The Operator shall reserve the right to send out bulk (mass) e-mail messages connected with the performance of these Terms.

Sending bulk (mass) e-mail messages means sending messages to two (2) or more addresses whose owners have not agreed to receive such mass mailings from the initiator of the mailings (this restriction does not in any way apply to electronic subscriptions).

2.6. The Operator reserves the right to refuse to transmit and the right to delete from its servers in full or in part any information or content that in the sole discretion of the Operator is unacceptable, undesirable or violates these Terms.

2.7. If the User engages in actions which are explicitly directed at inflicting damage to the Operator, the Operator has the right to immediately suspend provision of Services for the purposes of minimize possible damages.

2.8. The Operator has the right to identify Users under a procedure established by the Operator, including by way of allocating the User an operator-assigned subscriber number in accordance with the Contract for provision of mobile telephone communications services, and also process and store User identification data and identification data related to User termination equipment for the purposes of rendering Services.

3. USER

3.1. The User shall employ user (termination) equipment, which meets statutory requirements for the use of communication devices, in accordance with its operating instructions, and shall also use the Services in compliance with applicable laws of the Russian Federation and agrees to refrain from violating other users’ rights related to the Services and shall not cause such users any damage.

3.2. While using the Services the User is prohibited from:

  • limiting Internet access to other users or preventing other users from obtaining access to the Internet;
  • sending advertising materials, information, and other materials without the consent (or without a request) of recipients, and also sending such materials to electronic publications and conference forums that have a different focus;
  • sending bulk (mass) messages with advertising materials, information, and other materials to other Internet users, unless the recipients agree to receive such materials sent to their personal e-mail addresses or through electronic publications and public access conferences that are not intended for such purposes;
  • obtaining willful (unauthorized) access to any technological components (nodes), software, data bases, and other integral parts of the Operator’s network and/or the Internet, including actions, the performance or attempted commission of which is a criminally punishable offense in the Russian Federation under Art. 21 of the Criminal Code of the Russian Federation “Offenses against property”; Art. 159 “Fraud”; Art. 28 “Offenses in the sphere of computer information”, Art. 272 “Designing, use, and distribution of malicious software”, Art. 274 “Breaches of the rules of storing, processing, and transferring computer information and operating information and telecommunications networks”;
  • sending and making available through the Internet any information, the dissemination of which in any way contravenes Russian or international law;
  • transferring any information or software containing viruses or other malicious components;
  • sending, transferring, reproducing, providing or using in any form for commercial purposes information, software applications or other materials which have been received in full or in part through the Services (unless the proprietor of such information, software or other products has given his express consent);
  • sending, transferring, reproducing or distributing without the proprietor’s consent in any form through the Service software, audio and video materials, and also other materials which are in full or in part protected by copyright, related rights or other rights;
  • taking actions aimed at obtaining unauthorized access or disrupting the normal operation of data transfer networks, telematics services, telephone networks or their elements, and also other equipment and software; and
  • installing gateways (or devices) for obtaining access to the data transfer network, Internet telephony, etc. that may cause disruptions in the operation of equipment and communication devices and cause damage to the Operator or third parties.

4. ADDITIONAL CONDITIONS

4.1. The Operator shall not intentionally examine or disclose any private e-mail messages (with the exception of instances prescribed by the law). The Operator is not obliged to check the nature of information disseminated or received as a result of the use of Services. Nevertheless, the User acknowledges and agrees that the Operator reserves the right from time to time to monitor the information transferred with the use of the Service and disclose any data, if such disclosure is prescribed by the law or the requirements set forth by competent government authorities or agencies, or is necessary for normal operation of the Service or for protecting the Operator and its other users, and also third parties whose lawful rights and interests had been breached.

4.2. The Parties shall endeavor to resolve all disputes or differences which may arise out of the provision of Services in accordance with applicable laws of the Russian Federation and these Terms. If the Parties fail to reach agreement on any dispute, such dispute shall be referred to and settled in court. Disputes involving the protection of consumer rights shall be referred to a court of competent jurisdiction in accordance with applicable laws of the Russian Federation

4.3. By giving his/her consent to the present Terms in the present wording, the User hereby agrees to receive advertising information distributed through communications networks in cases when the purposes and conditions of such distribution require a consent from the User under the rules and regulations on advertising.

For the purposes of this clause advertising information means information disseminated in any way, in any form, using any means, addressed to the public at large, and intended to attract attention to the advertised subject (when a third party is the advertised subject), building up and maintaining interest in the subject and promoting it in the market. Information about the Operator and its Services are not deemed to be advertising information, and communication of such information to Users is mandatory for the Operator in accordance with applicable laws of the Russian Federation.

4.4. The Parties shall not be held liable to each other for lost profit or other indirect damages that may arise as a result of provision of Services.

4.5. The Operator shall not be liable for:

  • information, services or software which the User independently received from the Internet;
  • any losses or damages, directly or indirectly resulting from the information or services that the User received from the Internet;
  • damages sustained by the User as a result of the use of software received by the User through the Services;
  • any direct or indirect damages sustained by the User as a result of the use or inability to use the Services;
  • the quality of Services rendered if the User exploits non-certified subscriber equipment, and also if the User makes incorrect settings in its software and hardware used for accessing the Service; and
  • irregularities and inaccessibility of separate segments of the Internet.

4.6. The Operator cannot guarantee:

  • that it will be possible for the User to exchange information with the nodes and servers that are temporarily or constantly inaccessible;
  • uninterrupted access to the Service; and
  • possibility for User to establish Internet connections at maximum speeds.

4.7. The User acknowledges and agrees that due to the physical properties of how access to Services is established, the quality of Services provided to the User may deteriorate, suffer from interruptions, be affected by interference near radio frequency emitters or electric appliances or due to architectural features of buildings, etc.; and that the User will not have any claims against the Operator on account of the above.

4.8. The User is solely responsible for the nature of information transmitted via the Internet, for its accuracy and for obtaining the rights to disseminate such information. The Operator is not responsible for the nature of information transmitted by the User over the Internet.

4.9. The User shall be held fully liable for the use of Services provided by the Operator, and shall at its own expense indemnify and hold the Operator harmless from any claims or actions of third parties connected with the use of Services by the User.

Details of the Operator
Public Joint Stock Company “Vimpel-Communications”
Location and postal address: Vosmogo Marta St., 10, Bldg. 14, Moscow, 127083, Russian Federation
INN 7713076301, OKVED 64.20.11, OKPO 17337364, KPP 997750001.

* Licenses of the Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications Nos. 75690, 76658, 76659, 81483, 81484, 95297, 95298, 98749, 99358, 99360, 99931, 99933, 101255, 101256, 105558, 105559, 110408, 110410, 113584.

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