PUBLIC AGREEMENT (OFFER)

OPERATOR: ONEVOIP LLC, a company duly registered and operating under the laws of the State of Florida, USA, represented by Director Denys Boiko, acting pursuant to the company’s governing documents, in compliance with applicable laws and regulations governing telecommunications and electronic communications services in the State of Florida and across the United States, including but not limited to the Consumer Protection Act, the Privacy Act, and other relevant federal and state regulations, hereby publicly offers to an unlimited number of individuals and business entities the opportunity to receive telecommunications and electronic communication services under the terms and conditions of this Public Agreement (hereinafter referred to as the "Agreement").

• DEFINITIONS OF TERMS AND CONDITIONS USED IN THIS AGREEMENT

  • Subscriber - the contractual consumer of services: a natural or legal person who is the end-user of an electronic communications network and receives electronic communications services under the terms of the Agreement concluded with the provider of electronic communications services (Operator).

  • Emergency repair works - works carried out on an unscheduled, emergency basis to ensure the uninterrupted provision of electronic communication services upon the complete or partial discontinuation of the Services by the Operator.

  • Administrator of the Service - the administrator of the website onephone.e-sim.in.ua, a duly established legal entity that legally uses the Service for its own business activities and may transfer the rights to administer, manage, or operate the Service to other persons.

  • Acceptance - the Subscriber's full and unconditional acceptance of the Operator's offer to enter into this Agreement and the terms and conditions set out in this Agreement and its Annexes.

  • Operator Website - the Operator's website on the Internet, located at https://onevoiplanet.com.

  • Verified Subscriber - confirmation of the Subscriber's identity, place of registration (residence), and payment methods to prevent fraud and financial crime, protect against money laundering or financing of terrorism, and ensure compliance with financial transaction regulations, etc.

  • Verified e-mail - the e-mail address of the User's mailbox on the Internet, confirmed by entering the User's password on the Website, which the User uses to register on the Website and to which the User receives e-mails from the Website Administrator containing passwords for access to the Website, e-sim profile, receipts, and other information.

  • e-SIM - a telecommunications electronic identification card embedded in the Subscriber's compatible device, which serves as a means for marking (identifying) the Subscriber's terminal equipment in the telecommunications network.

  • e-SIMtravel - an e-SIM used by the Subscriber for services when crossing the border of the Republic of Poland into another country.

  • Internet - a worldwide information system of universal access, i.e., a set of telecommunications networks and means for collecting, processing, storing, and transmitting data, logically connected by a global address space and based on the Internet protocol as defined by international standards.

  • Internet acquirer - a legally operating company that provides financial services for settlements on the Internet on behalf of the Customer (the holder of electronic means of payment) using electronic payment processing methods for goods or services sold on the Internet.

  • User - a person who browses information on the Website and/or orders and/or receives Goods/Services/Intangible Assets using the Website's tools. The Payee and the Payer are considered Users.

  • Operator - a business entity authorized to conduct electronic communication activities with the right to maintain and operate virtual electronic communication networks and provide electronic communication services to the Subscriber.

  • Personal Account - the hardware and software system accessible via the Operator's Website or the link https://cabinet.onevoiplanet.com/auth?redirect=/, through which the Subscriber can independently order Services, change the list and parameters of Services, receive information on the volume of Services provided, etc.

  • Privacy Policy - the rules for the processing and protection of personal data by the Operator, with or without the use of automation tools, including IT and telecommunication networks.

  • Services - the product of the Operator's business, electronic communication services designed to meet the electronic communication needs of Subscribers.

  • e-SIM Service - a service consisting of the wireless transmission of the full profile of the Operator's telecommunications services to the Subscriber for subsequent downloading of the profile to an e-SIM-enabled terminal device to connect to the Operator's telecommunications network and receive telecommunications services.

  • e-SIM profile - a specific profile of a mobile operator, a command pre-programmed and encoded by the Operator, transmitted to the Consumer for subsequent downloading to an e-SIM-enabled terminal device to connect to the mobile operator's electronic communications network and receive electronic communications services from the Operator.

  • Settlement Period - the period equal to 1 (one) calendar month during which the Services are provided in accordance with the terms of this Agreement.

  • Website - the website onephone.e-sim.in.ua, including all subdomains.

  • Party - the Customer or the Contractor, as the context may require.

  • Parties - the Contractor on one side and the Customer on the other side, collectively referred to as the Parties.

  • Tariff Plan or Tariff - the set of proposals offered to the Subscriber by the Operator regarding the cost, terms, and scope of the Services

• GENERAL PROVISIONS

  • This Agreement for the Provision of Telecommunication Services (hereinafter referred to as the "Agreement") is a public offer that governs the terms and conditions under which ONEVOIP LLC, a company duly registered and operating under the laws of the State of Florida, USA (hereinafter referred to as the "Operator"), provides telecommunication services to Users.

  • The terms of this Agreement are the same for all Users and comply with generally accepted standards under US and Florida consumer protection laws and regulations governing electronic communication services.

  • This Agreement is an adhesion contract and is entered into when the User accepts the terms of this public offer by registering an account in the Operator’s online system or by making payment for the services. Such acceptance constitutes full and unconditional agreement to the terms of this Agreement.

  • By registering or making a payment, the User confirms acceptance of this Agreement and acknowledges entering into a contractual relationship with the Operator.

  • The User confirms that prior to accepting this Agreement, they received complete and accurate information about the services, including but not limited to service features, rates, and terms of provision, allowing for an informed decision.

  • Services are considered duly provided and fully accepted by the User upon successful payment, provided that the User does not submit a written complaint within 14 calendar days from the payment date.

• SUBJECT MATTER OF THE AGREEMENT

  • In accordance with the terms of the Agreement, the Operator shall provide the Subscriber with electronic communication services, including associated (additional) services, according to the list and quantities ordered by the Subscriber via the Personal Account on the Operator's Website. The Subscriber, in turn, agrees to make timely payments for the Services received, in accordance with the terms of this Agreement.

  • The list and description of the Services, Tariffs, Terms of Use, special conditions, technical specifications, and privacy policy are available on the Operator's Website.

  • Services under this Agreement shall be provided if the Operator has the technical capability to deliver them to the Subscriber.

  • A mandatory condition for the provision of the e-SIM and/or e-SIMtravel service by the Operator is the technical compatibility of the Subscriber's end device with the e-SIM service. The Operator is not responsible for the Subscriber's inability to use the services due to the lack of technical compatibility.

  • The Subscriber shall independently select and order the Services they need through their Personal Account on the Operator's Website, in accordance with the list and description of the Services and the agreed Tariffs.

  • To prevent fraud and financial crimes, protect against money laundering or the use of funds to finance terrorism, and ensure compliance with financial transaction regulations, the Operator may verify the Subscriber's identity. This verification may include, but is not limited to, using the Subscriber's passport or another document confirming their identity, a telephone call, or obtaining documentary proof of their place of residence, among other methods.

• COST OF SERVICES

  • The provision of Services under this Agreement is subject to a fee.

  • When determining the cost of services, the Parties shall be guided by the Service Tariff Rules, which are published on the Operator’s Website at:https://onevoiplanet.com/en/tariff or in the OnePhone app.

  • The cost of the Services may change if the Subscriber modifies the number of Services in their personal account on the Operator's website.

  • Only the actual Services provided to the Subscriber will be charged.

• RIGHTS AND OBLIGATIONS OF THE PARTIES

  • The Operator shall have the right to:

    • Receive timely payments for the Services provided to the Subscriber, in accordance with the terms and conditions set out in this Agreement and its Annexes.

    • Temporarily suspend the provision of Services to the Subscriber due to the Subscriber’s indebtedness for the Services received.

    • Reduce the list of Services or terminate the provision of Services to the Subscriber in the event of the Subscriber’s breach of this Agreement, the Terms of Service, etc.

    • At its sole discretion, discontinue the sale, provision, or support of the e-SIM and/or e-SIMtravel services at any time.

    • Engage other providers to deliver the e-SIM and/or e-SIMtravel services. The Operator is not obligated to inform the Subscriber of the involvement of other providers.

    • Process personal information (personal data) related to the purchase of e-SIM and/or e-SIMtravel services in order to make these services available to the Subscriber, monitor and improve the service, and prevent unauthorized use.

    • Verify the Subscriber, including but not limited to, using the Subscriber’s passport or other identity document, phone call, or documentary confirmation of the Subscriber’s residence.

    • Perform emergency, preventive, repair, or other work on the electronic communication networks used to provide the Services, which may partially or fully restrict the provision of Services to the Subscriber.

    • Change and set the Tariffs for the Services by posting the information on the Operator’s Website no later than 7 (seven) calendar days before the change. The new Tariffs will take effect on the 1st day of the month following the month in which the notice was posted.

    • Deny service if the Subscriber fails or refuses to undergo verification.

    • If the Operator detects an abnormal load on the network that may be caused by the Subscriber, the Operator has the right to limit the volume of traffic or the provision of Services in accordance with the Terms of Service.

  • The Operator undertakes to:

    • Provide Services to the Subscriber in accordance with the tariff chosen by the Subscriber and their order, under the terms set out in this Agreement.

    • Take measures to ensure the availability of the e-SIM and/or e-SIMtravel services at all times, subject to the Operator’s and its service providers' capacity to maintain network connections and availability.

    • Keep records of the quantities and costs of Services provided for each type separately.

    • Ensure and be responsible for the security of the Subscriber’s data obtained during the conclusion of the electronic communication services contract, including: the Subscriber's personal data; the fact of the provision of electronic communication services; the content of information transmitted and/or received; the quantity, content, and transmission routes of information (data), including data processed for transmission to the ‘Service 112’ and emergency services via the numbers 112, 998, 997. This does not apply to the transmission of emergency subscriber location data to the ‘Service 112’ communications center and emergency services.

  • The Subscriber is entitled to:

    • Receive the Services ordered in a timely manner.

    • Receive information from the Operator regarding the Services received.

    • Change the amount and quantity of Services ordered in their personal account on the Operator's Website.

    • Remove the e-SIM and/or e-SIMtravel at any time from their device.

    • Receive a full or partial refund from the Operator for the e-SIM and/or e-SIMtravel services if the Subscriber believes that the services provided do not meet the specified conditions. To receive a full refund, the Subscriber must meet the following conditions:

      • The e-SIM and/or e-SIMtravel card was purchased from the Operator.

      • The e-SIM and/or e-SIMtravel card has not been activated.

      • The purchase was made no later than 14 days before the request for reimbursement.

    • In order to receive a refund in accordance with clause 5.3.5, the Subscriber must send a written application to the Operator with a justification of the reasons why the services do not meet the stated conditions.

    • In case of compliance with clauses 5.3.5.1 and 5.3.5.3, the Operator may provide the Subscriber with a full or partial refund proportional to the reduction in the cost of the e-SIM and/or e-SIMtravel or tariff plan:

      • if the Data Plan associated with the e-SIM and/or e-SIMtravel has already been activated and/or partially used or the credit has been used up;

      • if the e-SIM and/or e-SIMtravel does not work due to a problem with the network infrastructure or if the network infrastructure in the country of destination has problems or is unstable.

    • To terminate this Agreement early in accordance with the procedure established by this Agreement.

  • The Subscriber undertakes to:

    • Make timely payments for the Services ordered in the amounts, manner, and within the timeframes specified in this Agreement and its Annexes.

    • Inform the Operator, including in writing if requested, about the type of terminal equipment used to receive the Services.

    • Use the e-SIM and/or e-SIMtravel services in accordance with applicable laws, the terms of this Agreement, and its Annexes.

    • Not use the e-SIM and/or e-SIMtravel for any fraudulent, criminal, or illegal activity, or in any way that damages the network.

    • Not use the e-SIM and/or e-SIMtravel to copy, store, modify, publish, or distribute ONEVOIPLANET Ltd.'s commercial information (including trade secrets) without authorization from the Operator.

    • Not use the e-SIM and/or e-SIMtravel to upload or download content of excessive size, quantity, or frequency.

    • Not use the e-SIM and/or e-SIMtravel in a manner that infringes the intellectual property rights of third parties.

    • Submit to verification, if requested by the Operator, through means such as a passport or other identity document, phone call, or proof of residence.

    • Take necessary measures to ensure the security of information transmitted over the Internet.

    • By accepting this Agreement, the User agrees to its integral attachments, namely: the Privacy Policy, Terms of Use for the Operator's Services, and Terms of Service Charges, which are available on the Operator's Website, and commits to reviewing these documents at least once a month.

• SPECIFICS OF THE PROVISION OF THE E-SIM AND/OR E-SIMTRAVEL SERVICE

  • The e-SIM and/or e-SIMtravel service provides the User with the opportunity to receive, upon payment, an intangible asset (a mobile operator starter pack) in the form of an e-SIM and/or e-SIMtravel profile (a programmed command encoded in a QR code by the mobile operator), enabling the User to connect to the Operator’s network. The User's connection to the Operator's network and utilization of the Operator’s services will be conducted independently by the User under separate agreements with the Operator, outside the scope of this Agreement.

  • The date of delivery of the e-SIM card and/or e-SIMtravel profile to the User shall be considered the date on which the User receives the e-SIM profile via email. All rights, obligations, and risks associated with the possession of the e-SIM card and/or e-SIMtravel profile are transferred to the User on the date of its delivery.

  • The cost of the Site Administration services is included in the e-SIM price paid by the User. The e-SIM and/or e-SIMtravel profile will be delivered to the User after full payment is made under the terms and conditions specified on the Website for the purchase of the e-SIM and/or e-SIMtravel profile.

  • If, after payment for the e-SIM card and/or e-SIMtravel profile, delivery of the profile is not possible for any reason, the User is entitled to a refund of the amount paid for the non-received e-SIM and/or e-SIMtravel profile.

  • The e-SIM card and/or e-SIMtravel profile will be sent to the User's verified email address immediately upon payment. The total delivery time for the e-SIM card and/or e-SIMtravel profile depends on the terms and conditions of the User’s internet and email service providers.

  • If it is not possible to deliver the e-SIM profile to the User within a reasonable time after payment, the User may contact the Site Administration, and an email with the delivery conditions for the e-SIM and/or e-SIMtravel profile will be sent to the verified email address provided during the order.

  • By registering and confirming their email address on the Website through the use of a password sent by the Website system, the User unconditionally confirms their acceptance and full understanding of this Agreement. The Website Administrator verifies the User’s email address by sending and receiving the User's response containing the password. The e-SIM and/or e-SIMtravel profile can only be sent to the User's verified email address.

  • The Site Administrator is not responsible for any information posted on the Site by third parties, including information posted by mobile network operators or by the Site Administrator on behalf of mobile network operators.

  • Any email sent by the Site Administrator to the email address provided by the User during registration shall be considered an electronic message containing information regarding the performance of this Agreement and shall be deemed to have been duly communicated to the User. If such a message includes changes to this Agreement, it shall be considered an addendum to this Agreement and an integral part of it.

  • Access to the Website can be made via the Internet at https://onevoiplanet.com/, as well as through other addresses, including subdomains of the Website, or mobile applications for smartphones that redirect the User to the Website and/or, but not limited to, display the content and materials of this Website to the User.

  • The e-SIM and/or e-SIMtravel purchase history is located in the User’s personal section on the Website, accessible only by the User. This history includes personal data and order history related to e-SIMtravel. Access to the purchase history is protected by a personal password, which is sent to the User by the Site Administrator after registration and verification of the User’s email address.

  • The User declares that they are familiar with the list of terminal devices that support e-SIM and/or e-SIMtravel, including the following communication device models:

    
    

    Apple:

    1. iPhone 11/12/13/14/15/16/XR/XS

    2. iPhone 11 Pro/12 Pro/13 Pro/14 Pro/15 Pro/16 Pro

    3. iPhone 11 Pro Max/12 Pro Max/13 Pro Max/14 Pro Max/15 Pro Max/16 Pro Max

    4. iPhone 14/15/16 Plus

    5. iPhone XS Max

    6. iPhone 12 mini/13 mini

    7. iPhone SE 2/SE 3 (2022)

    8. iPad mini – 5, 6 generation

    9. iPad – 7, 8, 9 generation

    10. iPad Air – 3, 4, 5 generation

    11. iPad Pro 11” – 1, 2, 3 generation

    12. iPad Pro 12.9” – 3, 4, 5 generation

    
    

    Google:

    1. Pixel 3, Pixel 3 XL, Pixel 3a, Pixel 3a XL

    2. Pixel 4, Pixel 4 XL, Pixel 4a, 5а

    3. Pixel 5

    4. Pixel 6, Pixel 6 Pro, Pixel 6a

    5. Pixel 7, Pixel 7 Pro, Pixel 7a

    6. Pixel 8, Pixel 8 Pro, Pixel 8a

    7. Pixel 9, Pixel 9 Pro, Pixel 9a

    8. Pixel Fold

    
    

    Samsung:

    1. Galaxy S20/S21/S22/S23/S24

    2. Galaxy S20 Plus/S21 Plus/S22 Plus/S23 Plus/S24 Plus

    3. Galaxy S20 Ultra/S21 Ultra/S22 Ultra/S23 Ultra/S24 Ultra

    4. Galaxy S24FE

    5. Galaxy Note 20/Note 20 Ultra

    6. Galaxy Fold/Z Fold 2/Z Fold 3/Fold 4

    7. Galaxy Z Flip/Z Flip 3/Flip 4

    
    

    Motorola:

    1. Razr

    2. Razr 5G

    
    

    Huawei:

    1. P40, P40 Pro

    2. Mate 40, Mate 40 Pro

    3. Mate Xs

    
    

    Other:

    1. Microsoft Surface Duo

    2. Xiaomi 12T Pro/13T Pro/13 Pro

    3. Xiaomi 13/13T/13 Lite

    4. Nokia G60

    
    

    e-SIM and/or e-SIMtravel cards cannot be installed on smartwatches.

    This list of devices is current as of 01.04.2024 and is not exhaustive. It may be updated based on future changes to this Agreement and updates to communication devices. Devices not certified in the Republic of Poland may not support e-SIM and/or e-SIMtravel technology, and the uninterrupted operation of uncertified devices is not guaranteed by either the Site Administrator or the Operators.

  • You confirm that at the time of entering into this Agreement, you have already verified that your End Device supports e-SIM and/or e-SIMtravel technology:

    1. For Apple devices running iOS: Go to ‘Settings’ - select ‘Mobile data’ - check if the option to ‘Add mobile plan’ is available. If it is, the device supports this technology; if not, it does not.

    1. For other Android devices: Go to ‘Settings’ - select ‘Connections’ - then ‘SIM Manager’ - select ‘Add mobile plan’ - check if the option to ‘Add by QR code’ is available. If it is, the device supports the technology; if not, it does not.

    The User must immediately check the functionality of the e-SIM profile by installing it on the End Device using the following steps:

    1. Go to the smartphone’s ‘Settings’ - select ‘Mobile data’ - then ‘Add mobile plan’ - scan the QR code using the smartphone's camera and follow the instructions on the screen.

    If the User deletes the e-SIM and/or e-SIMtravel profile accidentally or due to necessity (e.g., when changing smartphones), the QR code can be reused on a compatible device. The total number of activations for Vodafone Ukraine's e-SIM and/or e-SIMtravel profile is limited to 6 successful scans, allowing for 5 reactivations. The number of unsuccessful activations is not limited. For lifecell's e-SIM and/or e-SIMtravel profiles, the number of activations is unlimited. In case of difficulties installing the e-SIM and/or e-SIMtravel profile, the User should contact the Operator for assistance and support.

  • The User is not permitted to resell the e-SIM and/or e-SIMtravel profile received under this Agreement. The User is not an agent of the Site Administration, and nothing in this Agreement shall be construed as an agency relationship between the Site Administration and the User.

  • The User will receive the e-SIM profile at the email address provided during registration after full prepayment of the profile at the price indicated on the Website.

• BILLING PROCEDURE

  • The minimum period for ordering the Services is one calendar month.

  • The Subscriber shall pay for the ordered Services in the amount established by this Agreement and its Annexes by making a full subscription for one calendar month to the Operator's current account.

  • The ordering of the e-SIM profile is carried out automatically immediately after the User registers on the website, provides, and confirms (verifies) their e-mail address.

  • The prices are posted on the website where the e-SIM profile is offered for purchase, along with the offer of the Website Administrator and a description of its properties. The price paid by the buyer in accordance with this clause may not be changed by the seller after receiving payment from the buyer.

  • Payment shall be made by transferring funds to the current account of the Operator (in accordance with the details specified in this Agreement), and/or using the invoice form available on the Operator's Website, or in any other available way in accordance with the requirements of applicable law and if the Operator has such an opportunity. All payments under this Agreement shall be made by the Subscriber with a mandatory reference to the Subscriber's personal account number (UID) provided by the Operator, which is necessary for full identification of the Subscriber.

  • By agreeing to this Agreement, the Subscriber consents that payment for services (except for payment for the e-SIM service) is made without the direct participation of the Buyer, on an ongoing basis, by automatic debiting of funds from the Subscriber's bank account or account in the Subscriber's electronic payment system, etc., in accordance with the terms and conditions of the bank and/or payment system, provided that there are funds in such account. Automatic debiting of funds occurs systematically – once a month, in accordance with the Subscriber's chosen contract term. In the event of an unsuccessful attempt to debit funds from the Subscriber's account at the time of automatic debit, the automatic debit may be repeated. In case of several unsuccessful attempts to automatically debit funds, the provision of services is suspended.

  • The automatic payment service for services can be canceled by the Subscriber independently in the Subscriber's personal account on the Operator's Website.

  • The funds paid by the Subscriber by subscription shall be credited to the Balance in the Subscriber's Personal Account on the Operator's Website for their subsequent debiting for the actually used Resources and provided Services.

  • To receive services from the Operator, the Balance must be positive, namely, the amount required to receive a specific service must be recorded on the Balance.

  • In case of failure to use the funds in full during the Billing Period, they shall be transferred to the next Billing Period.

  • The cost of changing the Tariff shall be paid in the amount set by the Operator in accordance with the Tariffs posted on the Operator's Website.

  • Payment for the Services provided is made by debiting the Subscriber's previously credited (paid by subscription) funds from the Balance in the Subscriber's personal account on the Operator's Website.

  • The unconditional acceptance of the act of work performed (services rendered) and the absence of any claims by the Subscriber to the Operator on the basis of the services provided shall be considered as payment for the services made by the Subscriber to the Operator's current account for the next period following the period for which the Operator actually provided services to the Subscriber.

• LIABILITY OF THE PARTIES

  • A penalty of 0.1 percent of the cost of the Services to which the delay relates shall be charged for each day of delay in fulfilling the terms of performance. Additionally, a penalty of seven percent of such cost shall be charged for delays exceeding thirty calendar days.

  • For late payment of the Services provided, the Subscriber shall pay the Operator a penalty equal to twice the NBU rediscount rate in effect at the time of the delay, based on the amount of the late payment, for each day of delay.

  • For untimely service provision, the Operator shall pay the Subscriber a penalty equal to twice the NBU rediscount rate in effect at the time of the delay, based on the amount of the overdue obligations, for each day of delay.

  • The Subscriber shall be fully responsible for the e-SIM and/or e-SIMtravel card upon receipt. In the event of damage to or loss of the equipment to which the e-SIM card and/or e-SIMtravel service is connected before full payment for such service has been made, the Subscriber shall continue to bear the full cost of the e-SIM and/or e-SIMtravel service to the Operator.

  • The Operator shall not be responsible for the e-SIM and/or e-SIMtravel after the expiry of the tariff plan for the e-SIM and/or e-SIMtravel service. If the Subscriber purchases another e-SIM and/or e-SIMtravel card from the Operator or renews the tariff plan for the e-SIM and/or e-SIMtravel service, the provisions of this Agreement and its appendices shall continue to apply to the Subscriber's existing e-SIM and/or e-SIMtravel card.

  • The Parties shall be liable for non-performance or improper performance of this Agreement in the manner and in the cases specified in this Agreement and the applicable laws of the Republic of Poland.

  • The Parties agree that in the event of a breach of the Terms and Conditions by the Subscriber, the Operator shall have the right to unilaterally terminate the services provided to the Subscriber without refunding the balance in the Subscriber's personal account on the Operator's Website.

• DURATION OF THE AGREEMENT

  • The term of this Agreement shall commence on the date of acceptance by the Subscriber and shall remain valid for 1 (one) calendar month.

  • The term of this Agreement shall be automatically extended for each subsequent calendar month under the same terms and conditions.

  • Upon expiry of this Agreement, the downloaded e-SIM and/or e-SIMtravel will remain on the Subscriber's device.

  • If neither Party notifies the other Party of the intention to terminate this Agreement at least 14 (fourteen) calendar days prior to the expiry date, this Agreement shall be renewed for the same period and under the same terms and conditions.

• CONCLUSION, AMENDMENT, AND TERMINATION OF THE AGREEMENT

  • This Agreement is deemed concluded when the Subscriber accepts (joins) the Agreement by performing one or more of the actions specified in clause 2.4.

  • The Operator may unilaterally amend this Agreement. Such amendments will be published on the Operator's Website at least 10 (ten) calendar days before they take effect.

  • If the Subscriber does not agree with the amendments made by the Operator, the Subscriber must cease using the Services and notify the Operator in writing. If the Subscriber continues to use the Services after 10 (ten) days from the date the changes are published on the Operator's Website, it will be deemed as acceptance of the amendments.

  • The Subscriber may modify the configurations of the selected Services through the Personal Account on the Operator's Website. Changes to Service Configurations will result in a recalculation of their cost in accordance with the Tariffs.

  • The Subscriber may unilaterally terminate this Agreement if there is no outstanding debt to the Operator, by providing written notice to the Operator at least 7 (seven) calendar days prior to the termination date.

  • If the Subscriber breaches any provisions of this Agreement or its Appendices, the Operator has the right to unilaterally terminate the Agreement by notifying the Subscriber no later than 24 (twenty-four) hours before the termination date.

  • Upon termination, the Subscriber is entitled to a refund of any remaining balance in the Subscriber's Personal Office account, minus any amounts for services that have been provided.

  • To request a refund, the Subscriber must submit a written request to the Operator within one month from the termination date. Requests received after this period will not be considered, and the funds will not be refunded.

  • The Subscriber’s written request for a refund should be sent by registered mail with a description of the issue to the Operator's address via Poczta Polska Spółka Akcyjna, signed by the Subscriber, or sent by e-mail with a qualified electronic signature.

  • The parties have agreed that, in the event of a breach of this Agreement and its integral parts by the Subscriber, the Operator shall have the right not to refund any prepaid monies.

  • The parties have agreed that written notice of the intention to terminate this Agreement shall be sent by registered mail, with a description of the subject matter of the termination.

• FORCE MAJEURE

  • Force majeure refers to extraordinary and insurmountable circumstances that objectively prevent the fulfillment of the obligations set forth in this Agreement.

  • Such circumstances may include:

    • Exceptional weather conditions and natural disasters (e.g., but not limited to, hurricanes, storms, severe storms, cyclones, tornadoes, floods, snowdrifts, ice, hail, frost, sea freezing, earthquakes, fires, droughts, lightning, subsidence and landslides, epidemics, etc.);

    • Unforeseen actions by a third party that are beyond the control and desire of the parties to this Agreement (e.g., but not limited to, strikes, lockouts, acts of public or foreign enemies, threats of war, declared or undeclared wars, armed conflicts or serious threats thereof, hostilities, hostile attacks, military invasions, curfews, riots, unrest, terrorist acts, sabotage, piracy, blockades, revolutions, rebellions, insurrections, public demonstrations, general military mobilization, unlawful acts of third parties, accidents, fires, explosions, forcible seizures, expropriations, requisitions, and seizures of businesses, etc.);

    • Conditions imposed by relevant decisions or actions of state and local authorities, including those related to mitigating the effects of exceptional weather conditions and unforeseen situations (e.g., but not limited to, embargoes, closures of land or waterways, export/import restrictions, long-term transportation disruptions, etc.).

  • The Party experiencing force majeure circumstances must notify the other Party in writing (by sending a registered letter with a description of the circumstances and a notice of delivery) within ten working days of the occurrence of such circumstances and their impact.

  • Failure to notify the affected Party or to provide timely notice of the occurrence or cessation of force majeure circumstances will result in the Party losing the right to rely on such circumstances to excuse itself from liability for non-performance or delayed performance of its obligations under this Agreement.

  • If force majeure persists for more than three months, either Party may unilaterally withdraw from this Agreement. In such a case, the withdrawing Party must inform the other Party in writing (by sending a registered letter with a description of the circumstances and a notice of delivery). The Agreement will be deemed terminated as of the date the other Party receives the notice of termination or as of the fifth calendar day after the notice is dispatched, whichever is earlier.

• OTHER CONDITIONS

  • In cases not covered by this Agreement, the Parties shall be governed by the applicable laws of the Republic of Poland.

  • Unless otherwise specified, the e-SIM and/or e-SIMtravel remains the property of the Operator (or its licensor). All source code, databases, features, software, website design, audio, video, text, images, graphics, and the trademarks, service marks, and logos contained therein are owned, controlled, or licensed by the Operator and are protected by copyright, trademark laws, and various other intellectual property rights.

  • Except as expressly provided in these Terms and Conditions, copying, reproducing, aggregating, republishing, uploading, publishing, publicly displaying, encrypting, translating, transmitting, distributing, selling, licensing, or otherwise exploiting for commercial purposes any part of the e-SIM, application, content, or marks without the written consent of the Operator is prohibited.

  • The Subscriber's use of the e-SIM and/or e-SIMtravel may also be subject to the laws of the country in which the Subscriber is located.

  • All terms used in this Agreement and in the Annexes to the Agreement shall be understood by the Parties in accordance with the interpretation and understanding of the definitions provided in section 1 of this Agreement.

  • All disputes that may arise between the Parties under this Agreement or in connection with it shall be resolved through pre-trial dispute resolution procedures in accordance with the applicable legislation of Ukraine.

  • If it is not possible to resolve the dispute in accordance with clause 11.3 of this Agreement, the dispute shall be resolved by a court in accordance with the applicable laws of Ukraine.

  • The Party that has violated the rights and lawful interests of the other Party is obliged to restore them without waiting for a claim or lawsuit.

  • All Annexes to this Agreement are an integral part of this Agreement.

• ANNEXES

  • Annexes applicable when concluding an Agreement with Subscribers (natural persons):

    • Annex 1 - List and description of services, available on the Internet at https://onevoiplanet.com/en.

    • Annex 2 - Tariff plan, available on the Internet at https://onevoiplanet.com/en/tariff.

    • Annex 3 - Technical specifications, available on the Internet at https://onevoiplanet.com/en/tech-conditions-for-using-telephony.

    • Annex 4 - Privacy Policy, available on the Internet at https://onevoiplanet.com/en/privacy-policy.

• REGISTERED ADDRESS AND DETAILS OF THE OPERATOR

  ONEVOIP (LIMITED LIABILITY COMPANY)

  Registered address: 1445 Dolgner PL STE13 sanford, FL, US 32771

  Email: sales@onevoiplanet.com

  Bank Name: JPMorgan Chase Bank, N.A.

  Bank Address: 383 Madison Avenue, New York, NY 10179, USA

  SWIFT Code: CHASUS33XXX

  Wire Transfer Routing Number: 021000021

  Account Number: 699932706

  Beneficiary: ONEVOIP LLC

  EIN 61-2236261