Service agreement for "Automatic payment" feature

“Automatic payment” feature agreement for enabling automatic transaction

General provisions

This document is an official Zadarma Corporate group proposal and includes all essential conditions relevant for providing “Automatic payment” feature.

The parties to this agreement are User (further - User) and one of Zadarma companies, in which the User has a communication services agreement in place with. Services on Zadarma Corporate group part can be provided by Operators listed in Terms and Definitions.

Operator offers the User to enable “Automatic Payment” and enter into this Agreement (further – Agreement) which is an additional and integral part of Terms of Use.

User absolutely and certainly agrees to this Agreement at the moment of agreeing to this Agreement and by performing constructive actions for enabling “Automatic payment” feature.

In connection with the foregoing, carefully read the text of this Agreement.

Attention! If you do not agree with this Agreement, do not use “Automatic Payment” feature.

Terms and Definitions

User – a person who is a User and (or) client of Zadarma Corporate group.

Communication services Agreement – Terms of Use concluded between Operator and User, which is concluded by accepting an offer through performing actions evidenced by the course of conduct, by terms of which Operator obliged to provide communication services and Use is obliged to pay for them.

Operator – IP Telecom Bulgaria LTD, SMARTVOICE LTD, VOICE CLOUD S.L. providing services in accordance with Terms of Use:

IP Telecom Bulgaria LTD: office 211, 16 Vasil Levski Str., Burgas, Bulgaria - 8000.

SMARTVOICE LTD, 63-66 Hatton Garden, London, United Kingdom, EC1N 8LE;

VOICE CLOUD S.L., av/Cortes Valencianas, 58-1003, Valencia, Spain - 46015;

Processing center — an automated system for transaction processing in the field of e-commerce. The main processing center task is to provide Services with an opportunity to receive payments bank cards. Also, processing center coordinates transactions between emitting bank, acquiring bank (authorizes transactions), service and card holder.

Card holder – a person who authorizes Emitting Bank to transfer money from Bank card on behalf of User to Operator using “Automatic Payment” feature.

Automatic payments (recurring, regular payments) – is a feature that allows to repeat payments from User's bank cards at a given time without additional client's authorization.

Bank card – is a debit or credit card, issued by the Emitting Bank. It is a cashless payment instrument, intended for monetary transactions performed by the Cardholder using the funds on the Cardholder's account in the Emitting Bank.

Acquiring Bank – is a bank that ensures monetary transactions between Cardholder's emitting Bank and the Operator in the payment system network. Operator's payment account can be opened both in the acquiring Bank and in any other bank in the country.

Emitting bank – is a bank, which has emitted/issued the card to the User and opened an account.

Personal account – is a section on Zadarma website, protected by access control, which provides User with an interface for interacting with Operator on the bases of Terms of Use.

Website – zadarma.com website, from which Zadarma software can be downloaded.

“Automatic payment” feature description

“Automatic payment” feature Regular payment feature allows the User to pay for the services provided by the Operator via recurring automatic payment in favour of the Operator from User's Bank card. Funds are debited without additional authorization by User. The User determines the amount.

When performing actions to enable "Regular Payment" feature, the User confirms their unambiguous and unconditional acceptance of the present Agreement and recognizes actions of the direct (automatic) debiting of funds from their Bank card in favour of paying for services provided by the Operator as performed with their consent.

Debiting of funds is performed by the Emitting Bank on the basis of the consent given by the User to such debiting of funds. A request for funds transfer indicating the amount to be transferred to Emitting Bank is transmitted by the Bank and the Processing center within the framework of agreements concluded with the Operator.

Operator does not store and does not process User’s bank card details, and only provides requests to Processing center and Bank for performing a transaction with User’s bank card.

“Automatic payments” feature activation and usage

Activation. To enable regular payments, log in to your personal account on Zadarma website, go to section "Billing", subsection "Make a payment", make the first installation payment and enter your card information, allow to remember card details and agree to further payments by checking the box next to "automatic monthly payment", after which the User will have an option to choose the date of funds debiting – the payment will occur exactly in the indicated amount and on the specified date. There is no fee for using "Automatic payment" feature (including its enablement/disablement).

The amount of the first (installation) payment equals the amount of all further regular payments. The number of regular payments can be changed at any moment in the User's personal account by performing a new installation payment. At a given moment, the User can have an enabled regular payment solely for one Bank card.

Funds are debited from the attached bank card with a frequency less than three times per month.

If there is not enough funds on the account balance to renew the chosen price plan/numbers, the minimum limit on the account balance is reached, with User’s agreement provided by checking the corresponding box in the personal account, funds will be automatically debited from the User’s attached bank card.

Notifications. When debiting funds for number/price plan use or reaching the minimum limit on the account balance, the User will receive a notification of the funds debiting with the specified amount. For monthly funds debiting, three days prior to the supposed date of funds debiting, the User will receive information regarding the upcoming funds debiting with the specified amount and a certain debiting date.

Guarantees. The User guarantees that the User is the Cardholder of the Bank card, consciously, correctly and fully enters all necessary details of the Bank Card when activating "Automatic payment" feature. In case of Bank card replacement/loss, it is necessary to notify the Operator immediately to disable the "Automatic payment" feature for the previously specified details.

Transactions. The currency set by the User during registration and the first (installation) payment is applied for future transactions and accounting.

Responsibility. The Operator is not responsible for inoperability or temporary inoperability of "Automatic payment" feature, including force majeure. The User is responsible for performing the obligations regarding payments for the services provided by the Operator. The Operator has a right to refuse the use of "Automatic payment" feature to the User in case of receiving a report from the system regarding the inability to debit funds from the User's Bank card.

Disabling automatic payments. You can disable "Automatic Payment" feature in your personal account, by going to section "Billing", subsection "Make a payment" and unchecking the box next to "automatic monthly payment". Monetary funds debited from the User's Bankcard before disabling "Automatic payment" feature are not returned automatically.

Responsibility

Disputes of the parties, occurring in regard to the fulfilment of the terms of this Agreement are resolved by filing a claim. If disputes cannot be resolved via negotiation, they will be settled in court in accordance with the laws of the place of establishment of the Оperator, which accepted User's payment for the services.

Other conditions

When changes to this Agreement are made, User is notified in a written form or any available way, including via email.

Rights and responsibilities of this Agreement cannot be transferred to a third party without written consent from the other party.

User allows Processing center, Bank to store, collect, process their personal data (Last name, First name, ID number, place, and date of birth, Bank account or card number) in order to realize this Agreement.

User agrees to pay for services in accordance with this Agreement.

Operator has a right to disable and/or limit “Automatic Payment” feature for User.

---

Previous versions of the agreement:
from 01.05.2018