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1. General Provisions
1.1. The present document is “Xalt” LLC, hereinafter referred to as “Operator” public offer about provision of Internet services, which, if accepted by any person, will serve as obligatory contract concluded between the Operator and that person, hereinafter referred to as “Subscriber”. Below, the present document is referred as “offer” or “contract” depending on the context.
2. Offer
2.1. The Operator offers to provide Internet connection via Dial-up connection and ensure data transfer services, according to the terms described below.
2.2. The Operator provides the services that are described in the present offer according to the license No 703 given by Ministry of Transport and Telecommunications of the Republic of Armenia.
2.3. The present offer can be accepted by any natural and juridical person and is considered as accepted if that person:
2.3.1. has filled out and submitted the application form attached to the present offer or
2.3.2. has legally purchased or obtained and used the Operator’s prepaid cards
2.4. The Operator can define additional terms and rules in a separate document, which are published on the Operator’s official website and are considered as inseparable part of the present contract. The Subscriber may obtain such information from Operator’s Customer Support Centre as well.
3. Services
3.1. The Operator uses Xter.net or other similar trade names for provision of Internet services.
3.2. The detailed description about provided services via Dial-up connection and additional terms of those services provision are given in separate appendixes.
3.3. Some services can be grouped in alternative groups (plans) and the Subscriber must choose one of those plans.
3.4. The Operator can take one-time service cost for changing the Subscriber’s current plan into another.
3.5. The Operator, taking into consideration the Subscriber’s preferences, provides the Subscriber with requisites; user name and password and other data that are necessary to get connected to the Operator’s network, use the services and obtain email address designated by the present contract.
3.6. The Subscriber must visit Customer Support centre or subscribe himself according to the present contract’s terms to receive the requisites.
3.7. The Subscriber ensures the proper confidentiality of connection requisites.
3.8. If the Subscriber gives connection’s requisites to a third party, the Operator’s provided services are considered as provided to the Subscriber, and the Subscriber is responsible for such use and breaches occurred during such use.
3.9. The Subscriber is advised to give his data to the Operator in order to receive full services and protect his rights and notify the Operator about their changes. The changes can be done by filling out and submitting the Operator the application form or filling out the electronic form at http://www.xter.net .
4. Rights and Obligations of the Parties
4.1. The Operator acts with the principal of “best efforts” to provide high quality services to the Subscriber.
4.2. The Operator is not obliged to provide the Subscriber with technical and software solution to use the services designated by the contract. The Subscriber uses third parties services at his own risk and discretion to receive the present contract’s services.
4.3. The Subscriber must pay on time for provided services.
4.4. If the Subscriber does not make the payment within defined terms and breaches other conditions of the present contract, the Operator can suspend provision of services defined in the contract or immediately cancel the contract.
4.5. If the Operator cancels the present contract in case the Subscriber breaches it, the prepaid money is not returned or compensated.
4.6. The Subscriber must keep etiquette’s rules accepted in the Internet, do not use any software programs that can damage computer programs, infringe data integrity or confidentiality or author and other rights.
4.7. The Subscriber must not use Internet connection for implementing “Voice-over-IP” or any similar functionality.
4.8. If the Operator needs to make technical works that can have negative effect on services continuity and quality, he must notify the Subscriber about them at his earliest convenience, except unexpected troubles.
5. Privacy
5.1. The Operator ensures the confidentiality of connection requisites given to the Subscriber.
5.2. The Operator takes reasonable measures to protect the privacy of Subscriber’s sent and received data.
5.3. The Subscriber accepts that it is impossible to ensure complete security of data using the Internet connection.
5.4. The Subscriber accepts that the content and nature of any information received via Internet connection can not be controlled by the Operator, and the Operator does not assume responsibility for the accuracy of the received information or material or moral damages arisen from that information’s use.
5.5. The Operator is not obliged to change the requisites given to the Subscriber or to give them again, if the Subscriber was not able to prove his identity of being the Subscriber.
6. Payments
6.1. The services’ prices can be defined by foreign currency.
6.2. The present contract’s payments are made by prepayment, cash or transfer. The payments can be made by Operator’s prepaid cards.
6.3. The Operator’s prepaid cards are valid for a certain period that is marked on them, if the cards are not used during that specified period, they will be considered as fully used.
6.4. Prepaid cards can not be returned, if the Operator has not defined anything else.
6.5. If the Subscriber does not have prepayment, the Operator can provide services at his own discretion, calculating the Subscriber’s duties according to the terms of chosen plan and received additional services.
6.6. If the monthly price is not prepaid, it should be paid not later than by 15th of next month.
6.7. The Operator continues to calculate the Subscriber’s duties according to the same conditions of chosen plan for the period of suspension.
6.8. In order to take off the suspension of services’ provision, the Operator may take one-time additional service fee.
6.9. The Operator may change services’ prices and their provision terms notifying the Subscriber about them in written form one month beforehand.
7. Notifications and Bills
7.1. The notifications and bills are sent to the registered Subscribers by the e-mail address given to the Operator.
7.2. The Subscriber can check his balance and statistics of his use of the Internet by visiting “My account” section of the website.
7.3. The registered users can obtain their bills from Customer support centre, presenting a document proving their identity.
7.4. The bills can be sent to the registered companies by given mailing addresses.
7.5. The Operator is not responsible for the accuracy of the Subscriber’s email and mailing addresses, and messages not being delivered or delivered with delay using those addresses.
7.6. The Operator is not responsible for sending any notification and bill. The Subscriber must periodically visit the Operator’s website to get acquainted with notifications, his current balance or account information.
8. Limitation of Liability
8.1. The Subscriber accepts that the Operator uses third parties services for provision of present contract’s services and consequently the Operator’s services quality and continuity highly depend on third parties’ services quality.
8.2. If the Subscriber does not have Internet connection for 24 hours, the Subscriber must immediately notify the Operator and if it turns out that the services were not provided because of Operator’s fault or devices problem, the Operator will not take the subscription fee for appropriate period of time.
8.3. The Operator is not responsible for the Subscriber’s possible damages or missed profits in result of services’ provision impossibility or their quality decrease.
8.4. In any case the Operator’s liability toward the Subscriber can not excel one month fee’s average amount paid by the Subscriber for Operator’s services.
9. Contract’s Force
9.1. The present contract comes into force from the moment of being accepted by the Subscriber and is valid until it is cancelled by any of the parties.
9.2. The Subscriber can cancel the present contract on his own initiative, sending a written notice to the Operator.
9.3. If the contract is cancelled by the Subscriber, the current month’s monthly cost is taken from prepaid amount of money.
9.4. In case of suspension of services’ provision of present contract, the Operator continues to provide the Subscriber with e-mail services for one month or longer period, at his own discretion, according to the contract’s terms.
10. Final Provisions
10.1. The notifications re the present contract, its terms and complements are posted on the Operator’s official website’s appropriate page http://agree.xter.net and can be given at Operator’s offices. Such notifications are emailed to registered users.
10.2. The arguments arisen between the parties are solved via negotiations, if impossible; they are solved by the legislation of the Republic of Armenia.
11. Operator’s Requisites
“Xalt” LLC
Tax code: 02557681
A/C No: 001-145192-002
HSBC Bank Armenia cjscCustomer Support Center
Xter.net Plaza
19 Sayat Nova ave.
Yerevan 375001
Tel: +374 1 548041
Fax: +374 1 548045
E-mail support@xter.net
Website http://www.xter.netMain Office
5 Nalbandyan st.
Yerevan 375010
Tel: +374 1 548860
Fax: +374 1 548865
E-mail info@xalt.amConnection Requisites
Dial-up numbers 592100, 299888
ISDN numbers 512800, 299888
Proxy/port proxy.xter.net : 3128
Socks/port socks.xter.net : 1080
POP3/SMTP mail.xter.net