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vladl

join:2003-05-25
Princeton, NJ

1 edit

TELPHIN subscriber agreement

Here is Telphin user agreement. The interesting thing that it does not specify what kind of equipment they allow/do not allow to use as well as nothing about reserving right to terminate service for using of user's own equipment. It just mentions that Telphin does not guarantee a proper work of user's own equipment, period. But they terminated my account today because exactly for usage of "unauthorized" equipment, even it was working just fine for more than two weeks. Am I missing something?

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These Terms of Service constitute the agreement ("Agreement") between TELPHIN Ltd. ("we," "us" or "TELPHIN") and the user ("you," "user" or "Subscriber") of TELPHIN telephone service ("Service"). By activating the Service, you acknowledge that you have read and understood, and you agree, to the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms.

1. Subject of the Agreement
1.1. 1.1 Hereunder, TELPHIN shall provide the Subscriber with the TELPHIN network access services and the Subscriber shall be bound to receive and pay for the services in strict correspondence to the Agreement herein and the Specifications (Appendices to the Agreement herein).
1.2. Specific terms concerning the services provided to the Subscriber, with the list, schedule, and payment rates shall be specified in the Subscriber's personal web-page.
2. Service
2.1. Service is offered on a monthly basis for a term which begins on the date you activate your Service on your personal web-page on TELPHIN web-site: www.telphin.com Subsequent terms of this Agreement are automatically renewed on a monthly basis without further actions undertaken by you unless you give TELPHIN a written notice of non-renewal at least ten (10) days before the end of the monthly term in which the notice is given. You are purchasing the Service on the full monthly terms, meaning that if you attempt to terminate Service prior to the end of a month, you will be responsible for the full month's charges to the end of the then-current term, including unlimited unbilled charges, plus a disconnectnion fee, all of which immediately become due and payable. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due related to the Agreement.
2.2. If you have subscribed to TELPHIN service with TELPHIN equipment, TELPHIN will send it to you within 5 days. TELPHIN is not responsible for the delivery time of the package. The fact of the Subscriber's equipment transfer is registered in a bilateral delivery and acceptance act. On the day of the Subscriber's equipment transfer, the latter will ensure presence of a representative, an authorized person to sign relevant documents on behalf of the Subscriber. In the event of denial to sign and/or absence of the Subscriber's authorized representative, the Subscriber's Package may be mailed to him. TELPHIN shall not be responsible for safe custody and confidentiality of the identification information it conveys.
2.3. If you sign up for the service with your own equipment TELPHIN does NOT give guarantee its proper work.
2.4. Telphin has the right to change the countries included in the destinations lists at any time. Announcement of this change will be made on the news page of www.telphin.com and in the destinations list on www.telphin.com
2.5. TELPHIN shall provide access to the TELPHIN Network as per the Agreement herein, 24 hours a day every day, subject to cases mentioned in clause 8.8. of the Agreement herein.
2.6. A unit of charging shall be 1 (one) minute, The final results of connections shall be rounded up towards the bigger number, unless the Parties agree otherwise in the Appendices hereto.
2.7. Charging shall apply to connections calculated from the moment of picking up a receiver by any person or an answering device to the moment of disconnection by caller or a called person or a subscriber unit (facsimile terminal, data transmission equipment, subscriber unit equipped with an answering machine, telephone set with automatic number detection, other subscriber units replacing the Subscriber in his absence and providing or simulating exchange of information).
3. Stages of Service Provision and Payment Procedures
3.1. Stage I - Sale of Subscriber's Package
The Subscriber shall cover the total cost of connection.specified in the order form.
The initial payment, as per clause 4.1.1., shall be made by credit card to the current account specified by TELPHIN
The cost of connection shall include the cost of a telephone set programming, information support for connection.
3.2. Stage II - Service Activation
The Subscriber independently and/or using TELPHIN specialist consulting support at 007812103-72-86 shall register on the Subscriber's Personal Page.
The moment of service activation by the Subscriber shall be the beginning of using TELPHIN Network services. Shall the Subscriber fail to complete service activation actions within 14 (fourteen) days following the moment of the Subscriber's Package receipt, information on the Subscriber shall be placed into Inactivated Subscriber Database, and the Agreement herein shall be terminated. TELPHIN shall bear no responsibility for failure to provide services as per the Agreement herein.
3.3. Stage III - One Calendar Month Following the Day of Service Activation
The Subscriber shall have the right to unilaterally terminate the Agreement herein within 14 (fourteen) days following the moment of activation by notifying TELPHIN in simple written form without reimbursing TELPHIN for actually incurred costs, i.e. in this case the money paid under the present Agreement shall be returned ("money back"). Call 007812336-40-39 or by e-mail: check@telphin.com to resolve issues of agreement termination.
Additional Services
The cost of additional services in accordance with the Price List shall be prepaid in the amount of 100% and included into the service payment in accordance with conditions hereof.
Additional services shall be rendered from the moment of the Subscriber's payment for the services hereof.

4. Prohibited Uses
You agree to use the Service and Device only for lawful purposes. This means that you agree not to use them for transmitting or receiving any communication or material of any kind when in TELPHIN's sole judgment the transmission, receipt or possession of such communication or material (i) would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (ii) encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. TELPHIN reserves the right to terminate your service immediately and without advance notice if TELPHIN, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full connection fee and the full month's charges to the end of the current term, including without limitation unbilled charges all of which immediately become due and payable You are liable for any and all use of the Service and/or Device by yourself and by any person making use of the Service or Device provided to you and agree to indemnify and hold harmless TELPHIN against any and all liability for any such use. If TELPHIN, in its sole discretion believes that you have violated the above restrictions, TELPHIN may forward the objectionable material, as well as your communications with TELPHIN and your personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding.

5. Procedure and Terms of Repair Work
5.1. Loss of Service Due to Power Failure or Internet Service Outage or Termination or Suspension or Termination by TELPHIN
You acknowledge and understand that the Service does not function in the event of power failure. You also acknowledge and understand that the Service requires a fully functional broadband connection to the Internet (which is not provided by TELPHIN) and that, accordingly, in the event of an outage of, or termination of service with or by, your Internet service provider and/or broadband provider, the Service will not function, but that you will continue to be billed for the Service unless and until you or TELPHIN terminate the Service in accordance with this Agreement. Should there be an interruption in the power supply or ISP outage, the Service will not function until power is restored or the ISP outage is cured. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service. Should TELPHIN suspend or terminate your Service, the Service will not function until such time as TELPHIN restores your Service (which may require payment of all invoices and reconnection fees owed by you or cure of any breach by you of this Agreement).

6. Service Distinctions
You acknowledge and understand that the Service is not a telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between telephone service and the enhanced Service offering provided by TELPHIN. The Service is subject to different regulatory treatment than telephone service. This treatment may limit or otherwise affect your rights of redress before Federal, State or Provincial telecommunications regulatory agencies.

7. Billing Procedure
7.1 Payment
TELPHIN accepts payments only by credit card.
TELPHIN shall monthly and no later than five calendar days prior to the end of month preceding the payment, bill the Subscriber with the service bill based on 100% prepayment. Payment for incomplete period (from the end of Stage III to the end of current calendar month) shall be calculated pro rata to actual amount of rendered services and specified in a separate bill.
The bill shall be forwarded by e-mail or fax given by Subscriber. The day of bill receipt shall be the day of billing.
Monthly fee shall be charged after the Money Back period (after 14 days). 14 days are free of charge.
1st monthly fee shall be charged after 14 days till the last day of the month on calendar. After that Subscriber shall be charged monthly from the 1st day of the month till the end.
Outstanding Payment

Shall any payment in accordance with the drawn up bill not be received at TELPHIN current account during payment period set forth in the bill, the latter shall have the right to immediately suspend provision of services until the services are paid for in full.
Shall the outstanding amount not be paid within 14 (fourteen) days following the moment of payment term expiry, information on the Subscriber shall be placed in Inactivated Subscriber Database with revocation of Subscriber number (if available), and the present Agreement shall be terminated.
8. Changes to this Agreement
TELPHIN may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on to the "News" section of TELPHIN's website (currently located at »www.telphin.com/news.php). Such changes will become binding on Customer, on the date posted to the TELPHIN website and no further notice by TELPHIN is required. This Agreement as posted supersedes all previously agreed to electronic and written terms of service, including without limitation any terms included with the packaging of the Device and also supersedes any written terms provided to Retail Customers in connection with retail distribution, including without limitation any written terms enclosed within the packaging of the Device.

9. Liability of the Parties
For default on or unduly performance of obligations the Parties shall be liable with their property in accordance with the current legislation and the contract herein.
For use of failing, uncertified or unauthorized by TELPHIN terminal device (if such authorization is required), causing damage to communications structures, the Subscriber shall indemnify TELPHIN for the caused damage in full.
The Party shall not be liable to the other Party shall it prove that default on or unduly performance of obligations is not attributable to the Party herein.
TELPHIN shall not be liable for deeds of third parties that led to limitations of service use, such as third parties mistakes in number dialing, mistakes related to use of particular number by previous Subscriber, overload at stations, etc., as well as for deeds (omissions) of other business entities providing communication services, including those conducting their activity with the breach of the current legislation of Russian Federation.
The Parties shall not accept claims from other third parties related to execution of the Agreement herein.
The Parties shall bear no responsibility for any breaches of this Contract if caused by extraordinary and inevitable circumstances beyond the control of the Parties.
Recalculation of the Subscriber's fee and the penalty stipulated by relevant clauses herein, shall be the only kinds of TELPHIN liability in the event of termination, suspension or poor quality of services.

10. Notices of the Parties
The notice, mailed by the Subscriber in accordance with the Agreement herein, shall be in writing and delivered by courier or sent by fax to TELPHIN address specified in the Agreement, or to the other address specified to the Subscriber.
Notices from TELPHIN may be both in written and in verbal form unless otherwise specified in the Agreement herein.

11. Termination of Agreement prior to Service Activation
The Subscriber may notify TELPHIN of termination of the Agreement or of the relevant Specification prior to the date of service activation.

12. Suspension of Service and Termination of the Agreement upon Notice (after Service Activation)
At any moment following the date of activation, the Agreement or Specification herein may be terminated on the part of Subscriber (full or partial refusal of TELPHIN service) by written notice given at least 1 (one) week prior to projected date of the Agreement termination. Refusal of TELPHIN services shall be executed by unilateral letter from the Subscriber signed by an authorized person. The telephone set and/or other transferred equipment is not subject to return, excluding the event of termination of agreement during the testing period.
TELPHIN shall have the right to suspend the service temporarily (while the Subscriber still covers all of the agreed amounts during such service suspension) or terminate the Agreement by written notice if:
The Subscriber is adjudged bankrupt of insolvent payer;
The Subscriber breaches the Subscriber's obligations under the Agreement herein, and (or) those stipulated by the current legislation of the Russian Federation or legislative acts in the field of communications of the Russian Federation.
The Subscriber shall have the right to suspend provision of unpaid services for a period of up to 6 (six) months with preservation of the Subscriber's Number and TELPHIN number provided that the Subscription fee is paid in advance for the suspension period in accordance with the Specification. The Subscriber must give TELPHIN a notice of that in simple written form at least 3 (three) days prior to such suspension.

13. Governing Law and Location of Arbitration
All issues unspecified in the Agreement herein shall be governed by the current legislation of the Russian Federation and other legislative acts in the field of communications.
Court settlement location shall be the Court of Arbitration of St. Petersburg and the Leningrad region.

14. Resolution of Disputes
Pre-arbitration procedure shall be established for commitment of claims regarding quality and payment for services. Time for presentation of claims regarding the quality and payment for services provided by TELPHIN shall be 6 (six) months following the date of the breach. Claims presented upon expiration of the term herein, shall not be reviewed by TELPHIN.
In the event the consensus is not reached during review of the claim, the dispute may be forwarded for commitment to the relevant court.

15. Change of Conditions of the Agreement and its Termination
TELPHIN shall have the right to unilaterally, at any moment of time, change payment procedures and rates specified in the Specifications, by issuing a document signed by TELPHIN General Director or other authorized TELPHIN officer. TELPHIN must notify the Subscriber of any change no later than 2 (two) weeks prior to carrying such change into effect. The notice herein shall mean the mailing of notice by mail service, teletype, electronic or facsimile communication. This notice shall be deemed an integral part of the Agreement herein.
TELPHIN shall have the right to unilaterally, at any moment of time, change the countries included in the calling plans, due to reasons not depending on TELPHIN. Changes in the calling plans are announced on the TELPHIN website www.telphin.com
In the event of rate increase by TELPHIN and/or considerable change of service provision conditions, the Subscriber shall have the right to unilaterally terminate the Agreement (Supplementary Agreement, Specification) within 2 (two) weeks following the moment of notice. Termination of the Agreement (Supplementary Agreement, Specification) shall be executed by the Subscriber's letter signed by an authorized representative of the Agreement herein.

16. Additional Provisions
The headings shall not be deemed as a part of the Agreement herein and effect the construction thereof.
Entire Agreement.
This Agreement and the rates for Services found on Telphin's website constitute the entire agreement between you and Telphin and govern your use of the Service, superseding any prior agreements between you and Telphin and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No amendment to this Agreement shall be binding upon Telphin unless and until posted on our website.

In the event that any of the provisions in this Agreement in any part hereof shall be deemed invalid or unenforceable, it shall not affect the validity of remaining provisions.
TELPHIN shall render services to the Subscriber in accordance legislative norms of the Russian Federation.