Terms of Service Agreement (public offering) for customers of Hef Service

EN RU UA

The administration of the service that is located under the domain name HefService.com, (referred to as “Hef Service” or “Service”), Khasin Telecom LLC, registered on 23.06.2022 EIN 88-2940581, with its registration certificate L22000281814 issued by Sec. of the State of Florida from 21.06.2022, with its legal address: 2431 Aloma Avenue, Winter Park, Florida, US 32792, offers exploitation of special facilities and services for any individual of legal age or legal entity, with no reference to their current location, hereinafter referred to as the “User” in accordance to terms of this agreement.

1. Subject of the agreement

1.1. Hef Service provides the User with an equipment and technical facilities into interim use (for rent): telecom equipment, GSM gateways, devices for aggregating subscribers’ sim-numbers (hereinafter referred to as “Sim banks”), and such others in accordance to range of services of Hef Service, with the prices in accordance to price list (hereinafter referred to as “Equipment”), and the User is obliged to transfer a fee to Hef Service for exploiting the equipment, sticking to terms and conditions, stipulated in this agreement.

1.2. Equipment is being provided remotely; the time User’s devices are connected to the Internet.

Services of Hef Service include access to the equipment, configuring every piece of equipment for adopting to User’s devices (server). Configurations of adaptation are being carried out through the data, provided by the User. Hef Service provides only the basic configuration, sticking to the basis of provided agreement, which is necessary for the interaction between the equipment and the devices (server) of the User (base configuration for most of the equipment is manifested through setup and input for remote server’s data of the User’s devices, not including the setup of the server itself).

1.4. Setup over the base configuration, including, but not restricting: detailed, non- standard setup, software installation to server of customer or service; adjusting any VPN protocols and any other network traffic routing are not included in the cost of service, in accordance to provided agreement and are being paid additionally. The cost is being set by the service, taking into consideration the level of complexity, time for installation and other parameters of such settings.

1.5. The functionality of the equipment is available within the paid period or within the limit period, in case the one is set under the consideration of Hef Service in relation to particular User (point 2.9).

1.6. A payment transfer for exploiting the equipment is an action that confirms the acceptance of provided agreement entirely and confirmation that the User has been acquainted with the terms of this agreement in full.

1.7. The User is obliged to investigate the functionality of the service for the chosen equipment, a procedure for its exploitation. If the questions occur, the User has the right to contact customer support service or the specialists of the service. However, solving technical issues in software of the User, its interaction with the equipment of the service is not being guaranteed. In case, the User hasn’t investigated the functionality of the service, administration does not bear responsibility for the quality and the results of the service.

2. Payment for using the equipment

2.1. For opening an access to the functionality of the selected equipment, the User deposits funds to the account of Hef Service in the amount needed to pay for the selected period, prepayment for providing services to the following period. During the initial connection, a specified period cannot be less than 14 calendar days, and if the equipment is prepared by an individual order of the User- less than 30 calendar days.

2.2. Payment signifies an agreement of the User with the content and composition of the service. By transferring funds, the User confirms that is acquainted with the content of the tariff in full, functionality of equipment and has a concept of the usage for provided equipment.

2.3. The cost for every piece of equipment, taking into consideration duration of exploitation, is set with the price list, valid edition of which is located at http://www.hefservice.com/Pricelist.xlsx

2.4. Accounting of the transferred prepayment is being carried out on the balance of the User. An indicated balance is single for payment of all pieces of the equipment connected by the User and considers the total amount of expenses. In case several pieces of equipment are connected, sums deposited on the balance are being subtracted daily in response to every single piece of equipment, with no reference to the cost and duration of the devices exploited.

2.5. The User has the right to make a prepayment directly to the representatives of the service on individual basis, through the automatic payment system, as well as through parties’ agreement with third parties (using protection of transactions or safeguards systems), in terms third parties’ services are represented with Hef Service (Khasin Telecom LLC). Any costs for transactions’ protection, monetary commissions, transfer of funds are being paid by the User.

2.6. Time zone for calculus is UTC-5 (EST). Accounting of the time for using the equipment, equipment’s operation time, outage time, notifications’ receiving, and other accounting is carried out, sticking to the specified time zone.

2.7. Payment is calculated daily, sticking to the tariff rate which is established for equipment exploitation in the price list or other annexes to this Agreement that are transferred to the User.

2.8. The minimal period of the time reserved for exploiting the equipment is 14 calendar days, and in case the equipment is prepared by individual order of the User- then 30 calendar days. After the specified period is expired, further exploitation is determined under consideration of the User and can be from one calendar day (24 hours). At the same time, funds must be also deposited on a prepayment basis or to be subtracted from the balance of the customer as an advance payment, unless there are other notifications from the User to the side of the Service.

2.9. An administration has the right to establish the limit period for a particular category of Users under its own consideration, the time of which exploitation of equipment is carried out in terms of the following payment. A number of days, included in the specified period is being imposed individually for each particular User. The administration has the right to deny establishing the terms of payment specified in this point, without providing clarifications.

2.10. The equipment is being disconnected within the following period, depending on the conditions set for the User: -on the day of completion for the paid period.
-on the day of completion for the limit period.
In case the equipment continued to function by any reason after the specified period had expired, the period of exploitation must be paid instantly by the User.

2.11. Before conducting a payment, the User is obliged to verify the validity of the Administration’s payment information (to request valid banking details) by the means specified in this Agreement (point 7.1.). Administration of the service doesn’t bear responsibility for funds reception if the User does not carry out the verification process, specified in this point.

2.12. With a reference to SIM-banks, an extra payment is established for actions that are performed by specialists of the service in relation to provided equipment, such as: receiving, transferring, installing, identifying, registering and other activities that will be conducted with the subscriber identification modules, explicitly by specialists of the service.

2.13. Any amendments in the cost set at the time of connecting the equipment to devices (server) of the User, are being conducted only after the User is notified. Notifications are conducted by contacts of which the Administration was previously contacted by the User (see point 7.1.). If the User had not sent reasonable objections in response to the changes within 48 hours, then the new conditions for exploiting the equipment would have come into force after the expiration of specified period.

3. Procedure for using the equipment

3.1. Hef Service provides the availability of infrastructure and equipment for the User. The service is obliged to eliminate malfunctions in the shortest terms, but not limited juridically in time. In case, malfunctions of the equipment do not enable its intended use, in accordance with point 3.4 of this agreement, payment for the equipment may not be charged.

3.2. The first day of exploiting the equipment that is subjected to be the payment day is:
- when the equipment was connected to the User's infrastructure network by setting the appropriate settings with the Service, sticking to the data provided by the User.
- when the equipment was fully prepared by the Service for connection to the infrastructure (devices, server) of the User, the User was notified about the availability of the equipment, but in the aftermath, for some reason, did not take the actions needed to start the equipment.

3.3. Any halt of the equipment’s operation during the paid or limit period is being conducted only by the order of the User. The notification is sent through the messengers specified in this Agreement (see point 7.1.). The day of completion for the operation of the equipment is considered the day of receiving the notification; if the equipment was operational for more than twenty-two hours during the notification day, then it would be the next day.

3.4. A day is not taken into consideration during calculus of fee in case the functionality of the equipment remains unavailable for more than two hours after receiving a notification of a malfunction from the User using the contacts specified in this Agreement.

3.5. If at the time of eliminating malfunction, it is identified that any segment (port, channel, etc.) was malfunctional, then the recalculation is being carried out merely in relation to the specified segment (port, channel) proportional to its cost.

3.6. If the malfunction is caused by amendments in the technical settings or with any other changes by side of the User, then the period for eliminating such malfunctioning and adapting the equipment, in accordance with new settings, is 24 hours after the Service receives notification. The exploitation of the equipment is not being paid after the expiration of 24 hours needed to eliminate the specified malfunction if the malfunctioning is not eliminated.

3.7. If there is notification from User about low-speed transmission of data (Internet connection), as well as low reception of the cell network layer and other technical notifications, concerned with the operation of the Gateways; time for eliminating such flaws and adapting the equipment is 24 hours after the Service is notified. The exploitation of the equipment is not being paid after the expiration of 24 hours needed to eliminate the specified malfunction if the malfunctioning is not eliminated.

3.8. Any actions that are required to be taken in relation to SIM-banks by the Service's specialists are being carried out within 48 hours since Service has received the User's request. If these actions were not initiated within the specified period, therefore the exploitation of the equipment would not be paid by the User until the moment these actions are initiated.

3.9. The user is obliged not to use the equipment for illegal purposes to bypass applicable legislation. In case of violation of required legislations, Hef Service does not bear responsibility and has the right to subtract the cost for exploiting the equipment and other losses associated with this type of activity from the User's balance under the acceptance- free order. Hef Service also reserves the right to provide all the requested information about User to the law enforcement agencies.

3.10. If the User is intended to use the equipment in any non-standard way, out of the basis of standard use and provided agreement, he is obliged to notify Hef Service privately.

3.11. The User is obliged to ensure the working capacity of the equipment, its functionality by setting a unique password, for the safeguarding of which User bears responsibility. Hef Service does not bear responsibility for cases of hacking, malfunctions caused by third parties, unless the User takes measures to ensure the protection of the equipment and the safety of its operation. The user must consider that the equipment is used on IP addresses that are accessible to any Internet user.

3.12. Upon User’s request, access to the equipment can be restricted (excluded from common gateway to the network).

4. Duties of the parties

4.1. Hef Service is obliged to:

4.1.1. ensure the availability of infrastructure and equipment for the User.

4.1.2. maintain the infrastructure in operating efficiency.

4.1.3. in case of failures, emergencies, technical issues with the equipment, assist the User in their elimination swiftly.

4.1.4. not to disclose information that constitutes the commercial secret of the User, so then intelligence and information that are valuable due to its obscurity to third parties, including information about counterparties, including information about contact parties, employees, chairpersons, requisites, addresses, phone numbers; pricing policy information, terms of contracts, payment procedure, other financial information, information about transactions, information about both completed and upcoming deals; business planning information, current and upcoming payments, information about computer network devices, other intelligence that becomes available to the Service when providing services, except the cases when an equipment is used in illegal activity, in such circumstances information must be provided according to the official request of state agencies.

4.2. The User is obliged:

4.2.1. not to convey the rights and obligations under this agreement, not to encumber the infrastructure in any alternative way, not to allow it to be used by third parties without the consent of the Hef Service Administration.

4.2.2. to ensure compliance with the laws applicable to the equipment, its use, if it is necessary sticking to the laws of its location, to obtain permissions, licenses and approvals required for business activity, comply with all legal requirements and complete all actions and formalities that are provided in relation to the equipment in the country, where the User is located.

4.2.3. in case of the submission of claims or imposition of sanctions by authorities, officials, other bodies, and persons assigned by law with the authority to issue acts, mandatory for fulfillment, to comply with their demands and instructions in due time, preventing damage to Hef Service.

4.2.4. to use the equipment sticking to the purpose and objectives of provided Agreement, in accordance with applicable law.

4.2.5. to transfer payment in a due time, in the order and on the terms provided in this Agreement.

5. Special terms, liability

5.1. Administration of The Hef Service website does not bear responsibility for the consequences associated with the fact that the User has not acquainted with the rules outlined in this Agreement.

5.2. Hef Service does not bear the responsibility for the results received by the Users, as a consequence of usage of the equipment, as practical implementation of the equipment is beyond the control of the Service.

5.3. Hef Service does not bear the responsibility for Users' losses, direct or indirect (including all the facts of profit losses, business outage, loss of business intelligence, or any other monetary losses, loss of profits, moral damages) associated with the use or inability to use the equipment.

5.4. In case of argument confrontation between the User and Hef Service regarding the flaws of the services or their reasons, an investigation must be appointed by the request of either party. Expenses for the investigation are obliged to be covered by the User, except the cases when an investigation points to the absence of User’s violations in relation to the Agreement or a causal connection between the actions of the User and the pointed-out flaws. In this case, the expenses for the examination are obliged to be covered by the party that requested the appointment of the investigation, and if it was appointed by agreement of both parties, then both parties would cover the expenses in equal parts.

5.5. Hef Service does not bear responsibility for any decisions of the User regarding the selection of the tariff or equipment. The user accepts the services in the form they are presented, being obliged to get acquainted with the functionality of the selected equipment, technical characteristics. Hef Service does not bear responsibility for any consequences caused by the fact that the User has not read or has read the rules not in full-fledged form, about providing the services, their content, and tariffs. At the same time, the Service responds to all requests of the User regarding equipment, technical characteristics, prices using the contacts, specified at point 7.1.

5.6. In case the equipment is used illegally, the User bears responsibility personally without the involvement of Hef Service and is also obliged to fully compensate for encountered losses of Hef Service. In this case, the cost of using the equipment is fully deducted from the User's balance, and in case of insufficient funds, it must be paid by the User.

5.7. Hef Service does not bear responsibility for the reception of funds in case the User has not verified the validity of the requisites (contacts for requesting the requisites, specified at point 7.1.).

5.8. During registration on the service, the User confirms to be a person who has reached the required legal age to complete transactions related to receiving the services provided by the company.

5.9. Hef Service does not bear responsibility for the use of the service by underage entities, as a result issues that have occurred due to the fact of use of the service by underage entities must be solved by their legal representatives (parents, adoptive parents, guardians, caretakers). The Service does not obtain functionality that enables it to check the age of the Users, their legal capacity, possession of legal rights and permissions to complete a transaction, pay for services, select a tariff, and perform other actions. Parents and legal representatives bear responsibility for the commission of any actions by underage entities. Hef Service does not make any compensation, refunds, tariff changes in response to the use of the service by underage entities.

5.10. In case there are any doubts regarding the age of the user, user’s legal capacity, the approval of legal representatives for the transaction and other similar issues, Hef Service has the right to deny providing services until the documents confirming the legal capacity are received.

6. Final provision

6.1. HefService.com is a publicly accessible service for all Internet users that operates in compliance with the current laws of the State of Florida, USA.

6.2. Validity of current Agreement extends for an indefinite period during which the User accesses the services of the company.

7. Feedback.

7.1. For all questions, concerned with the use of the service, obtaining requisites for payment, connecting of equipment, technical malfunctions, all appeals must be sent to the following contacts:

WhatsApp +1 720 600 66 21

Viber +1 720 600 66 21

Telegram @Khasintelecom

e-mail: general@khasintelecom.com