User Agreement

OFFER

and Basic Conditions of Rendering Data Communication Services
for the Purposes of Voice Data Transmission in the Data Communication Networks

Helsinki
10 January, 2014

The text below is a public offer (proposal for agreement conclusion) made by «Multiregional TransitTelecom Oy» (МТТ OY). Such offer (proposal) can be accepted (adopted) by fulfillment of conditions set forth therein and it entails conclusion of an agreement on communication services between you and МТТ Oy; thus, written agreement form shall be deemed to be observed, i.e. an agreement concluded in such a way shall have same legal validity and effect as an agreement drawn up on paper and signed by the parties (ordinary paper agreement).

Basic Terms and Abbreviations

MTT Oy is a wireless carrier.

Multiregional TransitTelecom Oy
Business ID: 2399441-5
Entered in the register: 29.04.2011
Company type: Limited company
Postal address: Valimotie 13 A 270 00380 HELSINKI
Telephone: 09 31575161 050 4010315

Service is a data communication service for voice data transfer in the data communication network (IP-network).
Traffic is a combination of VoIP-calls.
System is a hardware and software complex of МТТ Oy that provides Client Application connection and VoIP-calls implementation.
Client is an individual that accesses the System via Client Application.
Client Application is software under the commercial name “Beam.”
Web-site is one page or a number of Web-pages access to which in the Internet is provided through HTTP/HTTPS.
Web-site Beam. is the web-site at http://beamcall.com
Client Account is a Client account in the System where accounting records, VoIP-calls and settlement operations are represented.
Tariff Plans are rules of rating of VoIP-calls and other services of МТТ Oy which are prepared by MTT Oy and which apply to Clients’ accounts as far as Clients make VoIP-calls.
Verification means identification of the Client’s personality by his/her mobile phone number to prevent abusive acts and fraud. A Client is to put his/her mobile phone number on Client Application. SMS message with a verification code that is to be put on Client Application will be sent to this number. Verification shall be not deemed to be undergone if SMS message fails to be delivered to the mobile phone number put.
SIP ID is a 15-digit identification number of a User in the System that begins with 883140xxxxxxxxx. Each Client is assigned with a unique SIP ID at the first access to the System.

1. General

1.1. This document shall be an official offer of МТТ Oy, and it contains all material conditions of the Service rendered in return for a consideration according to a bilateral Agreement.

1.2. The acceptance of this offer shall be an registration via clients applications

1.3. Communication services hereunder rendered by call establishment through data communication network for voice data transfer between the Client Application and software of other users of communication services in the public-service communication network.

2. Offer Subject

2.1. МТТ Oy shall render the Service to Clients under the Agreement that represents one-time data communication services for voice data transfer and the Client shall pay for the Services rendered thereto in accordance with the procedure and under the terms and conditions set forth in the Agreement.

2.2. МТТ Oy shall render Services by provision of Clients with a discrete access to the System.

3. Services Terms and Procedure

3.1. Services shall be rendered in case there is a positive balance on the Client Account. It is a Client that shall bear responsibility for provision of a positive balance on his/her client account.

3.2 An individual that has an registration via clients application may check Services quality free of charge within the scope of a marketing action. An amount equal to 0,23 Euro (or equivalent in currency selected by the Client) is to be placed to the Client’s account. The Client may receive Services which cost this amount according to an active Tariff Plan.

3.3. To provide quality Service of Clients with positive account balances МТТ Oy shall carry out regular promotion and marketing actions for Clients undergone Verification; and Clients shall agree to receive information on such actions. Certain conditions of each action shall be posted http://beamcall.com during such action period.

3.4. Service rates apply per minute starting with the first second of a connection according to a current Data plan.

3.5. Data plans are published on this web site: http://beamcall.com. MTTOY reserves the right to change call charges (price of a minute in any direction) without prior notice at any time by publishing notification on this change at www.beamcall.com. The new charge will be applied to the next phone call after publishing the new rates. Please, check the current rates before you make a call. If you do not accept the new rates, you cannot make a call.

3.6. Tariff Plans shall be prepared in Euro; rating and payment of Services shall be in Euros. As a matter of convenience the Client may choose any currency he/she prefers on Beam. Web-site.

3.7. Services tariffs shall include all taxes.

3.8. Calls can be made only via the Client Application.

3.9. One account can be used to make only one call at a time.

3.10. The offer is made for personal use of the Service only. It is not allowed to transfer access to an account or resell a Service.

3.11. In case of violation of the Finnish laws in force and the relevant bylaws, Offer conditions the access to the Service is to be suspended until such violation is eliminated according to the laws in force.

3.12. In conclusion of this Agreement the Client shall give his/her obvious consent for his/her personal data processing to МТТ Oy during the lifetime of the Client's account, as well as a written consent to transborder transfer of personal data according to this Offer.

3.13. Client’s personal data, the processing of which is carried out in accordance with this Offer include:

  • username and password of the Client’s account;
  • telephone numbers, SIP IP addresses and e-mail;
  • information on the services provided (including information on VoIP calls);
  • information on financial transactions (including information on the account numbers and amount of the transactions);
  • other information provided by the Client through the Client Applications.

3.14. Client's personal data processed by MTT Oy, can be viewed at any time.

3.15. The processing of the Client’s personal data, in accordance with this Offer, may include the following actions (operations): collection, systemization, record, storage, revision (update, change), use, distribution (including transfer, trans-border transfer), depersonalization , blocking, destruction of personal data. Such actions (operations) with the Client’s personal data can be committed exclusively to provide Services, as well as to meet MTT Oy its obligations under the Offer.

3.16. The processing of the Client’s personal data, in accordance with this Offer, may be implemented by MTT Oy or by other persons on behalf of MTT Oy. MTT Oy ensures that the processing of the Client’s personal data will be carried out exclusively in accordance with the terms of the Offer.

4. МТТ Oy Obligations

4.1. To provide the Client with necessary reliable information on the Services and the System.

4.2. To provide registration of the Client in the System.

4.3. To provide the Client with access to the System and Client Account servicing.

4.4. To provide the Client with a possibility to credit his/her client account.

4.5. Ensure observance of terms and procedure for correction of failures that impede the Service use.

5. Client Account Crediting

5.1 МТТ Oy shall provide the Client with a possibility to credit the Client Account. For this purpose МТТ Oy shall conclude agreements with agents on payments collection and develop and support a system of direct receipt of payments to the Client Account.

5.2. МТТ Oy shall place a list of agents responsible for payments collection on Beam. Web-site and Beam. client application.

5.3. In all cases Services hereunder shall be paid in advance.

5.4. To credit the Client Account the Client shall enter the SIP ID or mobile phone number specified at registration into the relevant interface field of payments collection terminal.

5.5. Payment made by the Client shall be entered to his/her client account within three (3) business days from the date of receipt of money to МТТ Oy’s current account. Information on payments made for Services in advance shall be posted to the client account, access to which is possible through the Client Application.

5.6. In case of delay in money crediting to the Client Account the Client shall apply to a support service and indicate a date, time, payment amount, name of an agent responsible for payments collection and SIP ID using a Web-form placed on http://beamcall.com

5.7. In case an error was introduced in the SIP ID the Client shall also apply to a support service at the Internet address http://support.beamcall.com and indicate payment details and request for correction.

6. МТТ Oy’s Responsibility

6.1. МТТ Oy shall bear responsibility for non-performance or improper performance of its obligations hereunder according to the laws of Finland in force.

6.2. МТТ Oy shall bear responsibility for proper writing off amounts from the Client Account for actual Services rendered.

6.3. To make VoIP-calls the Client shall use external agencies’ communication channels. МТТ Oy shall not be held responsible for impossibility to use the Client Application or System due to reasons beyond their control including such ones as communication channels failure, equipment defects, non-fulfillment of obligations by services providers.

6.4 The System is not designed for VoIP-calls to emergency services and law-enforcement authorities. МТТ Oy shall not bear responsibility for consequences of VoIP-calls made or failure to make same.

6.5. МТТ Oy do not guarantee and do not bear responsibility for the Client Application and System satisfying the Client’s requirements and expectations and for their being fault proof.

6.6. МТТ Oy do not bear responsibility for any losses, either direct or indirect, less profits than one is due or damage resulted from use of the Client Application and System.

6.7. МТТ Oy shall bear no responsibility for any consequences resulted from user identification data theft and further use of such data, for reputation costs and loss of property resulted from fraudulent actions of third parties.

6.8. МТТ Oy shall endeavour all reasonable efforts to provide (but not guarantee) failure-free operation of the Client Application and System. МТТ Oy shall bear no responsibility for any consequences resulted from temporary unavailability of the Client Application and System.

6.9. МТТ Oy shall exert all reasonable efforts to ensure Clients personal data confidentiality including but not limited to Clients’ telephone numbers (communicated by Clients in the course of Verification), VoIP-call details, e-mail addresses, SIP ID, etc. МТТ Oy shall be held responsible for disclosure of personal data, whether intended or not, according to the laws of Finland in force.

7. Client’s Responsibility

7.1. The Client may not transfer information prohibited by the laws and international law standards via the Client Application and System, including information that infringes third parties’ rights and interests and that incites religious or ethnic hatred, violence or cruelty or inhumane treatment of animals or that is invidious or offensive or that contains drug adds, calls to illegal actions discussion, requests or offers pornographic pictures as well as materials that may injure minors, cause damage and create threat to health and life, infringes copyrights and allied rights of a right holder and third parties.

7.2. The Client may not use third parties data for authorization and mobile phone verification.

7.3. The customer uses the communication channels provided by third organizations for the implementation of VoIP-calls in the System. MTT Oy is not responsible for the inability to use the Custom application or System for reasons beyond their control, including the disruption of communication lines, equipment failure, default from obligations of suppliers of certain services, etc.

7.4. The System is not assigned for VoIP-calls to emergency services and law-enforcement authorities. MTT Oy is not responsible for consequences related to the implementation or failure of such VoIP-calls.

7.5. MTT Oy doesn't guarantee and isn't responsible for the fact that the Custom application and the System will fully correspond to the costumer's requirements and expectations and will be protected from errors.

7.6. MTT Oy is not responsible for any wastes (direct or indirect), short -received profits or occurrences of any damage because of the usage the Custom application and the System.

7.7. MTT Oy is not responsible for any consequences caused by theft of user's ID by third parties and its usage, reputational costs, as well as material losses in the result of fraud.

7.8. MTT Oy makes efforts to provide the continual service of the Custom application and the System but doesn't guarantee it. MTT Oy is not responsible for the consequences caused by the temporal unavailability of the Custom application options.

7.9. MTT Oy makes efforts to provide the privacy of customers' personal data, including but not limiting customers' phone numbers (provided in the process of verification), detailing VoIP-calls, e-mails, SIP ID and etc. MTT Oy bears responsibility as set forth by laws of Finland for the disclosure of personal data, intentional or not.

8. Claims Submission; Disputes Settlement

8.1. In case of adjudication of a dispute between the Parties such dispute shall be examined under the laws of Finland in International Commercial Court at the Chamber of Commerce and Industry of the Russian Federation (http://www.tpprf-mkac.ru).

9. Term and Termination

9.1. The Agreement shall be effective from the date of its conclusion through its termination (the Agreement term shall not be limited).

9.2. The Agreement shall cease to be in force in case the Client uses paid communication services during one calendar year (without interruption) after expiration of two years period of the Agreement from the date of conclusion thereof provided the amount of moneys on the Client Account is less than 1 Euro. If the Client does not use paid communication services during two years period of the Agreement from the date of conclusion thereof it shall not effect this Agreement anyway.

10. Amendments

10.1. This Agreement can be amended according to the following:

  • Redraft Agreement shall be placed on Beam. Web-site http://beamcall.com with an indication of an effective date thereof. Once a redraft Agreement has come into force a prior Agreement shall no longer be deemed to be in force.
  • The Client that continues to use communication services after the redrafted Agreement effective date shall be deemed to have agreed on the Agreement amendment.
  • Should the Client have any objections to the redrafted Agreement placed on Beam. Web-site they shall delete their account and cease to use services prior to such redrafted Agreement effective date.
  • In case of cessation of services use due to the Client’s disagreement with the redrafted Agreement an amount prepaid by the Client shall be returned thereto in accordance with the procedure set by MTT Oy.

10.2 The provisions of the effective (latest) Agreement version shall apply to parties’ rights and obligations arisen out of the Agreement version that ceased to be effective, except as otherwise provided in the Agreement or results from the parties relations.

An effective Agreement version is placed on beam. Web-site at http://beamcall.com