Terms and Conditions
(Public Offer Agreement for Provision of Services/Service Maintenance)This document is an official offer from VisaTelecom, represented by
VisaTelecom OÜ (registered address Sepapaja tn 6, 15551 Tallinn Estonia)
hereinafter referred to as the Service Provider/Executor, addressed to an unlimited number of persons, to conclude an Agreement on the terms of a Public Offer (in accordance with Art. 18(2), Art. 23 of the Vienna Convention 1980) for the provision of services on the following terms (hereinafter referred to as the Agreement).
Acceptance of these Terms and Conditions grants the right to claim/receive the right to use VisaTelecom Services/Service Maintenance.
Acceptance (expression of will) is made by accepting the terms of this Agreement, by checking the appropriate box and clicking the "Register" button.
1. DEFINITIONS
1.1. User (Subscriber) – a legal or natural person who receives from the Executor VisaTelecom service/service maintenance for their own needs and who has a special identifier in the form of a personal account registered in the VisaTelecom system.
1.2. Service Provider/Executor - VisaTelecom OÜ, Sepapaja tn 6, 15551 Tallinn, Estonia.
1.3. Personal Account – the User's (Subscriber's) account with a special digital/symbol combination registered in the VisaTelecom system for the purpose of paying for services provided by the Provider.
1.4. Login – the current email address provided by the User (Subscriber), used together with the password to access the registered Personal Account in the system.
1.5. Contact Phone Number/Contact Email – the current mobile phone number/current email address provided by the User (Subscriber) for contact with the Service Provider/Executor. The data provided by the User (Subscriber) are accurate, and the User (Subscriber) bears full responsibility for their accuracy. In case of providing inaccurate data, the Service Provider may restrict or terminate the provision of services.
1.6. Service (provision of service) – a special number provided by the Service Provider to the User (subscriber) that can be used as a virtual number for receiving/sending SMS using internet technologies. This clause does not limit the list of services provided to the User (subscriber).
1.7. Website – used/owned by the Service Provider/Executor and having the following internet address: https://sms-numbers.co, from which VisaTelecom Software can also be downloaded.
2. GENERAL PROVISIONS
2.1. From the point of view of international and generally accepted law, these Terms and Conditions constitute a public offer agreement for the provision of services/service maintenance and contain all essential terms.
2.2. By accepting this agreement, the Parties agree and understand that the VisaTelecom service provided is not telecommunications in the traditional sense of this type of service.
2.3. VisaTelecom aims to provide Services with minimal interruptions. However, VisaTelecom cannot guarantee constant provision of uninterrupted, timely and defect-free Services, and therefore reserves the right to temporarily not provide services, limit services, which in turn exempts the Service Provider/Executor from any kind of penalties.
2.4. By accepting this agreement, the User (subscriber) fully understands and agrees that the service provided operates on the basis of public internet networks and telephone lines, therefore there is a possibility of interruptions/limitations/partial or complete non-provision of the service. The Service Provider/Executor also warns in advance, and the User (subscriber) accepts and understands that data transmitted over public switched telephone networks is not encrypted and as such may be intercepted by law enforcement agencies and other third parties using public internet networks. VisaTelecom is not responsible for any violations of privacy and personal data rules.
2.5. By accepting this agreement, the User (Subscriber) accepts and agrees that VisaTelecom has no information about the fact(s) of information exchange using VisaTelecom Software, nor about the information transmitted in this way, and does not control this process. Full responsibility for the content of information exchange lies with the person who is the source of the transmitted information. Consequently, You may receive information of an offensive, obscene or other undesirable nature or harmful to children. VisaTelecom is not responsible for the content of any information exchange carried out using VisaTelecom Services.
2.6. VisaTelecom has the right, without being subject to any sanctions, to unilaterally refuse to supply Services/service maintenance, limit or set limits on their use, fully or partially suspend or interrupt the provision of Services/Service maintenance, without notifying the User (Subscriber) of such cases. The User (subscriber) understands that this condition is not discriminatory or unfair, but is necessary due to the technological and technical cycle of the specific service provided.
2.7. VisaTelecom may make changes to the technical aspects of the Services in accordance with changes in consumer demand and the latest technological developments, at its discretion and without prior notice to the User (subscriber).
2.8. VisaTelecom complies with all rights and laws in the field of privacy and personal data protection, as stated in the VisaTelecom Privacy Policy (https://sms-numbers.co/privacy.html).
3. SUBJECT OF THE AGREEMENT
3.1. The subject of this agreement is the supply of services/provision of services/service maintenance addressed to the User (Subscriber) through access to the VisaTelecom system.
4. RIGHTS AND OBLIGATIONS OF THE USER (Subscriber)
4.1. The User (Subscriber) undertakes to:
- Carefully study the content of this Agreement before registering in the VisaTelecom system and accepting the agreement;
- Provide accurate and reliable personal/questionnaire information when registering in the system (first name, last name, contact mobile phone number, contact email);
- Provide accurate and reliable personal/questionnaire information when placing an order for services/service maintenance (first name, last name, contact mobile phone number, residential address if necessary, contact email);
- Timely update personal/questionnaire information if it has become outdated, by contacting the Service Provider's technical support via the email specified during registration;
- Timely and fully pay for the service/service maintenance by paying the selected tariff/option through the availability of the required amount in the user/subscriber balance in the system or by other means;
- The Service Provider/Executor has the right to temporarily cease provision of services if the User (Subscriber) does not provide or provides untimely data required for the provision of services, as well as if the User (Subscriber) violates any obligations specified in the agreement;
4.2. The User (Subscriber) undertakes to use the services/software/information provided by the Provider/Executor exclusively for lawful purposes. In this regard, the User (Subscriber) has no right to intercept or track, disrupt information exchange or make changes to it without the permission of the Service Provider/Executor or without being a Party to the relations related to receiving the service.
4.3. The User (Subscriber) STRICTLY HAS NO RIGHT to: distribute any mass commercial messages prohibited by the current legislation of the country of which they are a resident or by international law; use the service for any fraudulent purposes; expose any other user (subscriber) or other persons to materials of an offensive, obscene or other undesirable nature or harmful to children.
4.4. The User (Subscriber) is obliged to protect the Service Provider from civil liability, as well as claims of any nature, litigation and costs, including forced expenses for legal services incurred by the Service Provider as a result of the User's (Subscriber's) violation of the conditions for the provision of services or their improper use, current legislation, rights of third parties.
5. RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER/EXECUTOR
5.1. The Service Provider/Executor is obliged to:
- Provide accurate and necessary information about the system and services that the User (Subscriber) plans to use or uses;
- Properly provide the service/service maintenance;
- When preventive maintenance is necessary, the Service Provider/Executor undertakes to schedule it at a time that causes the least inconvenience to Users (Subscribers);
- Provide the User (Subscriber) with access to the system's Web interface when software access is required.
5.2. The Service Provider/Executor has the right to:
- Change the list of offered services and the order of their provision within the VisaTelecom system, notifying Users (Subscribers) on the VisaTelecom website no later than 10 days before the changes take effect;
- Request identity documents, necessary contact and other information certifying the identity of the User (Subscriber) (legal status of a legal entity);
- Terminate the agreement, thereby ceasing provision of services without notifying the User (Subscriber), if the latter used the services for illegal purposes;
- In case of modification or termination of the agreement by the User (Subscriber), the Service Provider/Executor does not compensate or return to the User (Subscriber) funds for actually provided and correctly working services (including services whose validity period has not yet expired at the time of termination of the agreement).
6. ORDER OF SERVICE PROVISION
6.1. The User (Subscriber) gains access to services/service maintenance offered by the Service Provider/Executor after fulfilling all conditions provided for by this agreement (acceptance of the agreement, registration in the system/provision of information/data).
6.2. To be able to use the Services, the User (Subscriber) must have funds in the Personal Account balance, which, depending on the selected tariff/option, are subject to deduction to the Service Provider/Executor.
6.3. In case of impermissible and/or illegal operations by the User (Subscriber), including in relation to third parties, the Service Provider/Executor has the ability to cease providing the service(s)/service maintenance and block such capabilities as:
Making calls and sending SMS of advertising content in case of violation by the User (Subscriber) of the legislation of the countries in which and to which SMS messages are sent, as well as in case there was no consent from the end recipient to receive such messages. In such cases, the User (Subscriber) is responsible for violation of legislation, in case of:
- Simultaneously making a large number of requests to the Web resource (software) and/or other actions that increase the load on the system;
- Sending and receiving SMS messages and other services if the Subscriber uses them for illegal actions;
- Using services for distribution of narcotic and other prohibited substances;
- Using services for provision of intimate services;
- Using services for fraudulent operations;
- Sending SMS messages that have signs of: calls for violence or threats; political agitation; calls for mass gatherings; obscene language; themes of religion, racism, terrorism; text that can be regarded as fraud;
6.4. The Service Provider/Executor retains the right to: request personal data of the User (Subscriber) with their further verification.
6.5. The Service Provider/Executor does not guarantee: Reception of calls, SMS messages and Voice messages during registrations in internet services; The number can receive SMS messages only from real phone numbers; Correct display of Sender Number (CallerID) when making calls and sending SMS.
6.6. The Service Provider/Executor has the right to unilaterally change tariffs by updating information on the Website.
6.7. The Service Provider/Executor has the right to make adjustments to the User's (Subscriber's) balance if incorrect system operation or changes in operating conditions and tariffs in the system are detected.
6.8. The Service Provider/Executor has the right to cease provision of services to the User (Subscriber) without warning unilaterally, if the User (Subscriber) uses the number for receiving SMS messages for online registration on the Internet (on social networks, electronic payment systems, etc.) or in other cases provided for by this agreement, the legislation of the country of which the Service Provider/Executor, User (Subscriber) is a resident, as well as international law.
6.9. In case of absence of funds in the User's (Subscriber's) account or any other forms of non-payment, the Service Provider/Executor reserves the right to terminate their access to services in full or to a separate part thereof without prior notice. Access to services is restored when the User (Subscriber) deposits funds to the account, confirms payment and the payment is received.
7. FEATURES OF SERVICE PROVISION
7.1. The Service Provider/Executor provides the User (Subscriber) with the right to connect virtual numbers based on prices and conditions posted on the Website.
7.2. Virtual numbers are intended only for the purposes and functions provided for by this agreement, the functional features of the service, tariffs and options established by the Service Provider/Executor.
7.3. Virtual numbers are provided to the User (Subscriber) for use on the terms provided for by this agreement with mandatory payment of mandatory monthly subscription fee. The virtual number itself is provided for use (rent) and does not create any ownership rights to the virtual number. In case of number disconnection due to non-payment or untimely payment of the subscription fee, as well as when the number is disconnected at the initiative of the User (Subscriber), the Service Provider/Executor does not guarantee preservation of the virtual number.
7.4. The User (Subscriber) acknowledges and agrees that the Service Provider/Executor does not own the provided virtual numbers by right of ownership and, therefore, does not guarantee preservation of numbers and fixation of their subscription fee for an indefinite period, as well as resolution of problems arising in force majeure circumstances at the level of the provider and other third parties.
7.5. The User (Subscriber) guarantees the authenticity and accuracy of documents (passport or ID copies) when connecting a virtual number. The Subscriber also guarantees that they provide copies of their own passport or ID.
7.6. The Service Provider/Executor retains the right to repeatedly request documents of the User (Subscriber) necessary for the provision of the service, as well as to verify the User (Subscriber) by requesting a photograph of the passport holder holding this document in their hands or a representative of a legal entity holding the title documents in their hands.
7.7. The User (Subscriber) accepts and agrees that in certain cases the Service Provider/Executor assumes the right to act on behalf of the User (Subscriber) when connecting virtual numbers and ensuring their operation.
8. PAYMENT PROCEDURE
8.1. Within the system, automated accounting is carried out on the basis of personal accounts of Subscribers and operators registered in the system, which represents a unified system of financial relations.
8.2. Payment for services is made by bank transfer to the specified settlement account or account of the authorized representative of the Service Provider using payment systems available to both parties.
8.3. Form of payment – advance payment, which is credited to the User's (Subscriber's) personal account and when receiving the service/service maintenance is debited to the Service Provider/Executor's account. The User (Subscriber) may be granted or limited a credit limit at the discretion of the Service Provider/Executor or their authorized person.
8.4. If the amount of funds in the User's (Subscriber's) personal account is insufficient for using services, access to services is suspended without prior notice to the User (Subscriber).
8.5. The User (Subscriber) has the right to top up the balance on their personal account at their discretion using convenient payment methods to avoid stopping the provision of services due to insufficient balance on the User's (Subscriber's) personal account. The User (Subscriber) does not receive the balance from the personal account if the User (Subscriber) has violated any conditions of this agreement or legislation regardless of the country; In case of termination of the agreement by the User (Subscriber).
9. PAYMENT REFUND RULES
9.1. The User (Subscriber) has the right to a refund from their personal account. At the same time, amounts not exceeding the balance on the personal account are subject to refund. Amounts for actually provided services are not subject to refund. Funds paid for actually provided one-time services (for example, number connection service), payment for which is debited from the personal account at once, are also not subject to refund. Funds are also not subject to refund in cases provided for by this agreement.
9.2. Funds in the VisaTelecom account balance are not subject to refund after 180 days from the date of last use of funds in the VisaTelecom account balance. After 180 days, these funds are considered lost and are not subject to refund.
9.3. In case of termination of relations between the Parties to this agreement, the balance of funds in the User's (Subscriber's) personal account is used by them in full or returned to the User (Subscriber) by agreement of the parties after identification of the person/legal entity.
10. LIABILITY OF THE PARTIES
10.1. The Service Provider/Executor is not responsible for the content of data that the User (Subscriber) transmits and receives over the Internet.
10.2. The User (Subscriber) is responsible for their actions and their legality. The Service Provider/Executor is not responsible for the legality of actions of operators and Subscribers who accept this agreement and are registered in the VisaTelecom system.
10.3. The User (Subscriber) assumes full responsibility for maintaining the confidentiality of their password used to log into the personal account on VisaTelecom. In case of accidental or intentional transfer of registration data by the User (Subscriber) to third parties, responsibility for all consequences and losses caused by this action is borne by the User (Subscriber).
10.4. In case of a force majeure event (circumstance), the Service Provider/Executor is exempt from any liability and has the right not to prove to the User/Subscriber the causal relationship, if such event or circumstance is a well-known event.
10.5. Upon termination of relations, each party is obliged to properly fulfill its obligations including regarding financial matters.
11. DISPUTE RESOLUTION
11.1. Claims related to the performance of this agreement are accepted by the Service Provider/Executor or their authorized representative within 14 days from the occurrence of circumstances that served as the reason for the appeal, exclusively in writing with mandatory identification of the sender.
11.2. Disputes that could not be resolved through negotiations are resolved in the manner established by the legislation of the country of the Service Provider/Executor.
12. LIMITATION OF LIABILITY
12.1. Absence of liability for direct and indirect damage. To the maximum extent permitted by applicable law, under no circumstances shall VisaTelecom be liable for any direct or indirect damage, if it is proven that the Service Provider/Executor has taken all necessary measures to prevent direct or indirect damage.
12.2. Services provided by the Service Provider/Executor categorically do not include emergency assistance calls. The User (subscriber) undertakes to protect VisaTelecom from any claims and demands for compensation of losses, damage, losses, penalties, recoveries, costs and expenses (including, among other things, legal expenses) incurred by the User (subscriber) or third parties in connection with the impossibility of providing Services, interruptions in provision or disconnection of Services provided in accordance with this document.
12.3. No obligation to provide emergency assistance means. You acknowledge and agree that no - neither local nor nationwide - rules, regulatory requirements or legislation impose on VisaTelecom obligations to provide emergency assistance means. Furthermore, You acknowledge that VisaTelecom is not intended for use as a replacement for traditional telephone communication means.
13. FORCE MAJEURE
13.1. The User (subscriber) understands and agrees that in case of interruption in the provision of Services, the Provider/Executor, which occurred as a result of force majeure circumstances, is not responsible for violation of its obligations provided for by this Agreement. Force majeure is any event beyond the control of the Parties, including, among other things, natural disasters, acts of civil disobedience or civil unrest, war or military action, state or local emergency, power supply interruptions, serious Internet outages, floods, landslides and ground subsidence or particularly severe weather conditions.
13.2. In case of force majeure circumstances, VisaTelecom undertakes to promptly, to the best of its ability, notify the User (subscriber) of the expected delay or duration of the break in the performance of its obligations.
14. TERM OF THE AGREEMENT
14.1. This Agreement enters into force from the moment of its acceptance.
14.2. In case of impossibility or unwillingness to use the services, the User (subscriber) has the right to terminate this agreement unilaterally, subject to prior written notice to the Service Provider/Executor by email 15 calendar days before the expected date of termination of the Agreement.
14.3. Without any restrictions, the Service Provider/Executor has the right to suspend or terminate this agreement unilaterally.