1.1. This document is an official offer (public offer) of IKozlov Limited Liability Company and contains all material terms and conditions for provision of telematic communications and data transfer services.
1.2. The Parties are IKozlov LLC, represented by its chief executive officer Ivan Kozlov acting in accordance with the Articles of Association, on the one part, and the user of any legal entity or individual joining this Agreement, on the other part.
1.3. The full and unconditional acceptance of this public offer shall be the time of acceptance by the user of its terms and conditions, or upon the first application by the user of Call2Friends service, and willl remain in effect until termination by either party.
1.4. Acceptance of the offer shall mean that the user agrees with all provisions thereof, which is equal to entering into a telematic communications and data transfer services Agreement.
1.5. Call2Friends may make changes to these Terms from time to time. Call2Friends will publish the changes at terms
2. Services Terms
2.1. The user may accept the Terms and Conditions:
2.1.1. By selecting the option accept the Terms and Conditions or agree with Terms and Conditions, if such option is provided by the Call2Friends Service in the user's interface
2.1.2. By using the Call2Friends Service. In such case, the user shall acknowledge and agree that Call2Friends will consider the fact of use thereof as a form for acceptance of the Terms and Conditions effective the appropriate time.
2.2. User may make calls only to destinations made available by the Call2Friends service.
2.3. Duration of the calls free of charge will be defined by the Call2Friends. Call2Friends may change duration of the call free of charge.
2.4. For paid calls, prices per minute are set by Call2Friends. Call2Friends may change prices from time to time. Full list of paid destinations and prices is aviable by this URL - tariffs
3. Rights and Obligations of the Parties
3.1. Call2Friends obligations:
3.1.1. Provide quality calls to paid destinations. Note, Call2Friends cannot guarantee that the Call2Friends websites will always function without disruptions, delay or errors. A number of factors may impact the quality of user communications and may result in the failure of user communications including but not limited to: userв`s local network, firewall, userв`s internet service provider, the public internet, the public switched telephone network and userв`s power supply. Call2Friends takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
3.1.2. Provide appropriate maintenance and support of userв`s account.
3.1.3. Provide 24 hours access to the Call2Friends System.
3.1.4. Remedy faults, which prevent from using the Call2Friends Service.
3.1.5. Provide necessary information about the Call2Friends System to user.
3.1.6. Receive from the user any information on technical troubles preventing from using service.
3.1.7. Provide information on user (customer premise) equipment settings for use of the Call2Friends System.
3.2. Call2Friends rights:
3.2.1. Call2Friends shall be entitled to limit, suspend or cease the user's use of the Call2Friends System, cut off the user's access to Call2Friends web site, remove the materials published by the user and take any and all engineering and legal measures to prevent the user's access to the Call2Friends site in the future, if the Call2Friends considers that the user has violated these Terms and Conditions, if the user has made anything that may result in legal proceedings, has breached intellectual rights of third parties, has got involved in cheating, fraud, amoral or illegal actions. Termination of the user's access to the Call2Friends Services shall be deemed a sufficient notice of the measures taken by Call2Friends. If the user has given to Call2Friends their current e-mail address, Call2Friends will send to the user a notification about termination of the contract.
3.2.2. Call2Friends shall be entitled to make engineering modifications to their products and services in accordance with changes of consumer demand, latest process designs and statutory rules and regulations. The Call2Friends shall also be entitled to alter, improve and upgrade their products, in which case the Call2Friends shall be entitled to restrict, terminate or suspend the access to the Call2Friends System.
3.2.3. The Call2Friends shall fix duration of the free call at their own discretion. The Call2Friends may change duration of the free call in either way without giving a preliminary notice to the user.
3.2.4. The Call2Friends shall select available destinations for free calls without consent of and preliminary notice to the user.
3.3. The user's obligations
3.3.1. To timely provide the Call2Friends with any data and information required for proper provision of Call2Friends Services.
3.3.2. Not to reproduce, duplicate, copy, sell, make transactions with nor resell the Services for any purposes, unless such actions directly authorized in a separate agreement with the Call2Friends.
3.3.3 Not to use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Call2Friends Service
3.3.4. Not to send unsolicited communications (also referred to as to as 'SPAM', 'SPIM' or 'SPIT') or any communication not permitted by applicable law or use Call2Friends Websites for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;
3.3.5 Not to use Call2Friends Websites to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party.
3.3.6. To prevent spam and harmful software expansion from their user terminal.
3.3.7. To use the Call2Friends Services only for the purposes authorized by the Terms and Conditions.
3.4. The user's rights
3.4.1. To refuse using Services not covered by the Offer and provided without their consent.
4. Correspondence privacy and confidentiality clause
4.1. The information collected by Call2Friends:
4.1.1. Identification data: email address and password.
4.1.2. Traffic data, including the number called, date of the call and the duration of the call. Call2Friends does not record or store the content of the call.
4.1.3. Content of short messaging communications and phone numbers.
4.2. Call2Friends uses personal information for:
4.2.1. Verifying user identity.
4.2.2. Collecting statics information for future analyze to improve user experience.
4.2.3. Analyzing and improving quality of the calls.
4.2.4. Informing user about service updates and faults.
4.3. Disclosure of user personal information
4.3.1. Call2Friends is committed to respecting userв`s privacy and the confidentiality of personal data, traffic data and communications content.
4.3.2. Call2Friends will not sell, rent, trade or otherwise transfer any personal or traffic data outside of Call2Friends without user explicit permission, unless it is obliged to do so under applicable laws or by order of the competent authorities.
4.3.3. Call2Friends may disclose personal information to respond to legal requirements, exercise our legal rights or defend against legal claims, to protect Call2Friendsв` interests, fight against fraud and to enforce our policies or to protect anyone's rights, property, or safety.
5. Refund policy
5.1. User can request a refund of any unused Call2Friends credit balance in his user account by sending email to [email protected].
5.2. Call2Friends is committed to respecting user`s privacy and the confidentiality of personal data, traffic data and communications content.
5.3. Call2Friends reserves the right to refuse a refund request if it reasonably believes that user is trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the same Product; if user is in breach of these Terms or if Call2Friends reasonably suspects that user is using Call2Friends Service fraudulently or that userв`s account is being used by a third party fraudulently.
5.4 Refund payments will be made in the same form as user initially made payment.
5.5 This refund policy does not affect userв's statutory rights.