General terms and conditions

1. Definitions

The Parties acknowledge that the following definitions in these General Provisions have the following meaning:

1.1. Provider

"WEB" LLC which acts in compliance with the legislation of the Republic of Armenia (RA) and its Charter.

1.2. Client

Any physical person or legal entity whom the Order has been signed with.

1.3. Party

Cliеnt or Provider in case of separate reference.

1.4. Parties

Client and Provider in case of joint reference.

1.5. GP

This General Provisions.

1.6. Order

The Contract of Service provision containing these GP as its integrated part concluded between the Provider and Client under which the Provider shall provide Services to the Client and by signing which the Client complies to those GP. The names of Services, the price of Services, payment terms, and other necessary information and conditions of the Parties' agreement shall be defined under the Appendix(Appendices) attached to the Order.

1.7. Contract

The Order signed between the Parties with its applicable Appendix(Appendices), Special Terms of corresponding Service, Pricelist, including GP and other agreements signed between the Parties on the same matter as a whole.

1.8. Service(s)

Services delivered by the Provider the prices, technical capacities, and corresponding packages of which are presented in the Pricelist and the description and providing terms of which are presented in Special Terms of any Service which are displayed in the Clients Service Center of the Provider and published on the official website of the Provider (www.web.am).

1.9. «Account Page»

The Internet page of the Client which becomes accessible for the latter when s/he follows the corresponding instructions located on the website of the Provider (www.web.am). «Account Page» contains data about the Services ordered by the Client.

1.10. Day

Calendar day equal to 24 (twenty-four) hours.

1.11. Month

Calendar month which may consist of 28, 29, 30 or 31 days depending on year and month.

1.12. Pricelist

Prices, technical capacities, and corresponding packages of Services provided by the Provider which are displayed in the Clients Service Center of the Provider and on the official website of the Provider (www.web.am).

1.13. Actual damage

Documented expenses incurred or to be incurred by the Party in order to restore its violated right.

1.14. Lost profit

Profit not realized by the Party due to a breach of its right which it would receive under the common conditions of civil circulation.

2. General Provisions/ Subject

2.1. This GP is a public offer published on the official website of the Provider (www.web.am) which shall be accepted by the Client only complying to them in full. These GP regulate the general procedure and terms of Service providing by the Provider, rights and obligations of the Parties, responsibility of the Parties in case of any failure to fulfill or improper fulfillment of their liabilities and the Contract’s termination procedure.

2.2. Upon accepting the GP, this GP, Special terms of the corresponding Services, Order and its Appendix(Appendices) with the Pricelist shall constitute a binding Contract concluded between the Client and the Provider. The GP shall be considered accepted by the Client upon signing the Order (including its Appendix(Appendices)) or performing online actions directed to the fulfillment of the Contract through the website of the Provider (www.web.am).

3. Representations and Guarantees (waiver of additional guarantees)

3.1. The Provider guarantees that it is authorized to provide services on Internet accessibility and data transfer which is regulated by the incumbent legislation of RA.

3.2. The Client declares and guarantees that s/he is authorized to receive and use the Service.

3.3. The Client agrees that the password and other necessary data provided to use the «Account Page» are known only to him/her and s/he undertakes not to disclose them to other persons. Changes of data in «Account Page» including addition of new Services, their removal etc., shall be considered as done by the Client himself/herself or by a person authorized by the Client.

3.4. The Client accepts and guarantees that the use of the Service by him/her will not breach the legislation of RA, the Contract, copyright and related rights.

3.5. The Provider does not provide any additional guarantee concerning the Services or connected with the Service providing except for those expressively specified under the Contract including any guarantee about the applicability for any certain goal.

3.6. In case of any damage caused as a result of any breach of the guaranties and liabilities undertaken the Client shall compensate that damage including the lost profit.

4. Price and payment terms

4.1. The Service price shall be determined according to the Pricelist and defined in Appendix(Appendices).

4.2. The payment procedure for Services and terms shall be defined in Appendix (Appendices).

4.3. The Provider shall present to any Client - not natural person the invoice for the Services provided which shall be approved and returned to the Provider within 7 (seven) days. The Client is entitled to approve the invoice in the Provider's office upon presenting a proper power of attorney. At that, it is the obligation of the Client to take the invoice on the Service provided from the Provider's office.

4.4. In case of application of the legislation about electronic signature the Provider is entitled to invoice electronically.

4.5. If the Client is a natural person the service invoice presented by the Provider is an evidence of the fact and volumes of Services provided to the Client according to the data available in that invoice. If the Client is a legal entity or private entrepreneur the bilaterally approved Service invoice proves that the Services are accepted unless otherwise expressively specified at the invoice approval.

4.6. The Client shall be entitled to object against the Service invoice until the 15th (fifteenth) day of the month following the settlement month giving written notice to the Provider. The invoice shall be considered unconditionally accepted by the Client and the Service properly provided by the Provider if no written notice of objections is sent within the period specified.

4.7. At paying the Client shall necessarily specify the name of the Service or number of the Appendix payable. The service shall be considered paid upon entry of the monetary funds in the Client’s account provided that the Service name or Appendix number payable are specified at payment.

4.8. When paying for several Services the Client shall specify as payment purpose the Appendix(Appendices) payable. In this case the Services are paid in priority specified under the payment purpose.

4.9. The Client may also pay for Services through «Account Page». For that the Client (a) enters the «Account Page» and pays through the online payment system. As a result the corresponding amount has been added to the balance at «Account Page». Then, the Client shall (b) choose the Services payable following the corresponding instructions available on the website. In case of online payment through the «Account Page» the Service(s) chosen shall be considered paid upon performing actions (a) and (b).

5. Additional Services

5.1. Generally, the Client shall be enabled to use the website of the Provider 24 (twenty-four) hours per day. In addition, the Client shall be enabled to contact the Support Center of the Provider through e-mail and telephone.

5.2. Each Client may enjoy the support of the Technical Service Department of the Provider working from Monday to Friday from 10AM to 6PM, telephone: +374-60-460-231. The Technical Service Department does not work on the holidays and commemoration days defined by the legislation of RA. After the hours specified herein as well as on Sundays, holidays and commemoration days the Client may contact the Support Center of the Provider which is limited to general consultation on use of the Services.

6. Rights and Obligations of the Parties

6.1. The Client shall be entitled:

6.1.1. to receive invoices which contain necessary information about the payment for the Service provided to him/her;

6.1.2. to be informed about the ordered Services through the «Account Page»;

6.1.3. to enjoy other rights provided by the Contract.

6.2. The Client shall undertake:

6.2.1. to pay for the Services in compliance with the procedure and within the terms defined under the Contract;

6.2.2. to inform the Provider in written in case of any change or reorganization of his/her name, address, e-mail, telephone number, bank details within ten days;

6.2.3. to submit to the Provider correct data for execution of the Contract;

6.2.4. to fulfill other obligations provided under the Contract.

6.3. The Provider shall be entitled:

6.3.1. to receive payment for the Service provided;

6.3.2. to suspend or limit the Service providing or unilaterally refuse the Contract in compliance with the procedure defined under the Contract including the respective Special Terms for the corresponding Service;

6.3.3. to enjoy other rights provided by the Contract.

6.4. The Provider shall undertake:

6.4.1. to present to the Client precise invoices about the Service provided. If the Client is not natural person it shall be issued tax bills.

6.4.2. to guarantee the confidentiality of the information and messages of the Client with exception for the cases provided by Law;

6.4.3. to inform the Client about any interruption of the Service arisen due to technical failure on its side by publishing this information on its official website (www.web.am);

6.4.4. to remove the malfunctions arisen within reasonable period of time;

6.4.5. to fulfill other obligations provided under the Contract.

7. Unilateral refusal from the Service

7.1. Unilateral refusal by the Service Provider

7.1.1. The Provider shall be entitled to unilaterally refuse to provide the Services stipulated under the Appendix(Appendices) if:

7.1.1.1. the Client has not paid within 45 (forty-five) days dating from payment day defined under the Contract;

7.1.1.2. the Client has breached his/her contractual obligations and has not redressed his/her breaches within 5(five) days upon receiving written notice about them;

7.1.1.3. The Client has been wound up;

7.1.1.4. The Client is under bankruptcy or liquidation procedure;

7.2. Unilateral refusal by the Client

7.2.1. The Client shall be entitled to unilaterally refuse to fulfill the Appendix(Appendices) giving 30 (thirty) day written notice to the Provider.

8. Consequences of the unilateral refusal

8.1. In case of the Contract's dissolution by the Provider or Client on the base of the clauses 7.1.1.1-7.1.1.4 of these GP the Client shall pay to the Provider the amount payable in compliance with the Contract for the Service provided until the dissolution of the Contract unless otherwise stipulated under the Special Terms of the certain Service.

8.2. In case of dissolution of the Order on the base of the clause 8.1 of GP the Provider shall not be liable for any loss incurred by the Client as a result of failure to provide the Service but if the early termination concerns the Service for providing of which the recalculation possibility is stipulated under the Special Terms, the Provider shall make recalculation in accordance with the Pricelist specified under the Appendix(Appendices) and return the recalculated amount on demand of the Client. In case of early termination of the Contract the Provider shall not make recalculation of the Service under the Special Terms of providing which it is not stipulated to recalculate or return money to the Client. For the types of Services under the Special Terms of providing which it is stipulated to recalculate or return money to the Client and paid online through the official website of the Provider, the amount shall be recalculated and returned with deduction of the commission charged by the bank.

9. Suspension of Service providing

9.1. The Provider shall be entitled to suspend the Service providing to the Client, if:

9.1.1. the suspension is necessary for installation, repair, replacement or maintenance of the equipment or software;

9.1.2. the Client has not paid for the Service on time;

9.1.3. the Client regularly or substantially breaches the provisions of the Contract;

9.1.4. the force-majeure events occur;

9.1.5. the suspension is caused due to new acts or regulations adopted by the state or self-government bodies;

9.1.6. the Provider discloses that the Client presented incorrect data in application for the Service which may have harmful results;

9.1.7. authorized bodies require the suspension.

9.2. The Service providing may not be suspended if the Client removes the reasons of the suspension before its expected application to the Service providing.

9.3. The Service providing is to be suspended subject to notification of the Client by e-mail 5(five) working days before the suspension. If such form of notification is not possible the Client shall be informed by a written letter. The duration and reasons of the suspension shall be specified therein unless it is applied in accordance with the clauses 9.1.2-9.1.7 of these GP. In cases provided under the clauses 9.1.2-9.1.7 herein the suspension is applied without any notification.

10. Consequences of the suspension

10.1. In case of the suspension:

10.1.1. the Service providing is suspended.

10.2. If the suspension of the Service providing has been caused by the Provider it shall reestablish the Service providing within 2(two) days after the removal of the reasons of such suspension. If the suspension of the Service has been caused by the Client the Service providing shall be reestablished on an application of the Client where s/he assures that the reasons of the suspension are removed.

11. Responsibility

11.1. The Provider shall be responsible for any actual damage caused to the Client due to any failure to provide Service or in any other case only if it is by the fault of the Provider. At that, in each case the amount of the responsibility of the Provider shall be limited to 100,000 (one hundred thousand) AMD.

11.2. The Provider shall not be responsible for any lost profit due to any failure to provide Service or in any other case.

11.3. In case of any failure to fulfill the obligations defined under the clause 11.1 hereof or their improper fulfillment the Parties shall indemnify each other for the damages caused due to any breach of any obligation in compliance with the procedure defined under the Contract.

12. Amendments to the Contract

12.1. The Provider shall be entitled to unilaterally amend any clause of the Contract giving to the Client 30(thirty)-day notice about that amendment with exception for the amendments to be made in cases provided under the clause 12.3. If the Client does not agree to the amendment to be done s/he is entitled to unilaterally refuse the Order giving written notice to the Provider 15 (fifteen) days before the validation of that amendment enabling the consequence defined under the clause 8.1 of these GP.

12.2. At amending the Contract for leveling down the prices and/or improving the technical capacities of a Service the Provider shall be entitled to unilaterally amend the corresponding clauses of the Contract giving notice to the Client. In this case those amendments shall enter into force on the 1st day of the month following the notice unless other terms are defined in the notice.

12.3. The Client shall be entitled to change the list of Services with the consent of the Provider signing a new Appendix or those changes may be carried out by the Client through the «Account Page» if such a possibility is available in the Provider's site (www.web.am).

13. Notices

13.1. All the notices allowed or required in connection of the Contract between the Parties shall be considered proper if they have been sent by e-mail, SMS or letter to the addresses defined in the Order.

14. Applicable law/disputes settlement procedure

14.1. The Order shall be governed and interpreted in compliance with the legislation of RA. All disputes shall be settled by the Parties through negotiations. If the consent is not reached the settlement of the disputes shall be defined under the Special Terms of the certain Service.

15. Confidentiality of information

15.1. The Contract and information imparted by each Party to the other one during negotiations on the Contract shall be considered confidential if it has actual or potential commercial value by virtue of its private nature, it is not possible to obtain it legally and the possessor of such information undertakes measures to keep its secrecy. The Parties shall not be entitled to disclose such information without preliminary written consent of the other Party with exception for the following cases: (a) the information shall be disclosed in compliance with the legal requirements or (b) the information considered confidential according to this clause becomes public due to its disclosure by a third party.

15.2. In all other cases the Parties shall inform and order their employees to keep the privacy of the Contract and not to disclose it to any third person which is not a Party of the Contract.

16. Publications in mass media

16.1. Each of the Parties may publish information about the other Party or the Contract concluded in mass media or otherwise only after consultations with other Party and obtaining the written consent from the other Party.

17. Influence of force-majeure

17.1. The Parties shall be released of any responsibility for full or partial failure to fulfill their contractual obligations if it was due to force-majeure events arisen after signing the Order which the Parties may not either foreseen or prevent. Such events are earthquake, flood, fire, war, announcement of martial and emergency situations, political unrest, strikes, termination of operation of communication facilities, sabotage, acts of state bodies etc. which make the fulfillment of the contractual obligations impossible.