Rules for the provision of data transfer services. On approval of the rules for the provision of communication services for data transmission

Approved by Decree of the Government of the Russian Federation of January 23, 2006 No. 32

I. General provisions

1. These Rules govern the relationship between the subscriber and (or) user, on the one hand, and the telecom operator, on the other hand, when providing communication services for data transfer.

2. The concepts used in these Rules mean the following:

“subscriber” - a user of communication services for data transmission, with whom an agreement has been concluded for the provision of communication services for data transmission, with the allocation of a unique identification code for these purposes;
"subscriber line" - a communication line connecting the user (terminal) equipment with the communication node of the data transmission network;
"subscriber interface" - technical and technological parameters of physical circuits connecting communication means with user (terminal) equipment;
"subscriber terminal" - user (terminal) equipment used by the subscriber and (or) user to connect to the communication node of the data transmission network using a subscriber line;
“reliability of information transmission” - one-to-one correspondence of information packets transmitted by the user (terminal) equipment, which is one side of the established connection over the data network, and received by the user (terminal) equipment, which is the other side of this connection;
“user of data communication services” - a person ordering and (or) using data communication services;
“information packet” - a telecommunication message that is transmitted over a data network and contains the data necessary for its switching by a communication node;
“data transfer protocol” - a formalized set of requirements for the structure of information packets and the algorithm for exchanging information packets between devices of a data transfer network;
“providing access to a data transmission network” - a set of actions by a telecommunications operator of a data transmission network to form a subscriber line and connect user (terminal) equipment with its help to a communication node of a data transmission network or provide the ability to connect user (terminal) equipment to a data transmission network with using a telephone connection or connection via another data transmission network in order to provide the subscriber with data communication services;
“providing the opportunity to access communication services for data transmission” - providing one telecom operator with the opportunity for its subscriber to receive communication services for data transmission provided by another telecom operator;
“connection over a data network (communication session)” - established as a result of a call or pre-established interaction between communication means, allowing the subscriber and (or) user to transmit and (or) receive voice and (or) non-voice information;
“technical possibility of providing access to the data transmission network” - the simultaneous presence of unused mounted capacity of the communication node, in the coverage area of which the connection of user (terminal) equipment to the data transmission network is requested, and unused communication lines that allow the formation of a subscriber communication line between the communication node and the user (terminal) equipment;
“tariff plan” - a set of price conditions under which a telecom operator offers to use one or more communication services for data transmission;
“communication node of a data transmission network” - communication means that perform the functions of switching systems.

3. The relationship between a telecom operator providing communication services for data transmission (hereinafter referred to as the telecom operator) with a subscriber and (or) user arising from the provision of communication services for data transmission on the territory of the Russian Federation is carried out in Russian.

4. The telecom operator is obliged to ensure the confidentiality of information transmitted over the data network.

Restriction of the right to secrecy of information transmitted over a data transmission network is permitted only in cases provided for by federal laws.

Information about information transmitted over the data network may be provided only to subscribers and (or) users or their authorized representatives, unless otherwise provided by federal laws.

Information about the subscriber that has become known to the telecom operator due to the execution of an agreement for the provision of communication services for data transmission (hereinafter referred to as the agreement) may be used by the telecom operator to provide reference and other information services or transferred to third parties only with the written consent of this subscriber, except in cases provided for by federal laws.

5. In case of emergencies of a natural or man-made nature, the telecom operator, in the manner prescribed by the legislation of the Russian Federation, has the right to temporarily stop or limit the provision of communication services for data transmission.

6. User (terminal) equipment (hereinafter referred to as equipment) that meets the established requirements can be connected to the subscriber line.

The obligation to provide equipment to be connected to the subscriber line rests with the subscriber, unless otherwise provided by the contract.

7. The telecom operator provides the subscriber and (or) user with the opportunity to use communication services for data transfer 24 hours a day, unless otherwise established by the legislation of the Russian Federation.

8. Communication services for data transmission are divided into:

communication services for data transmission, with the exception of communication services for data transmission for the purpose of transmitting voice information;
communication services for data transmission for the purpose of transmitting voice information.

9. The telecom operator has the right to provide the subscriber with those communication services for data transmission for which a license has been issued to this telecom operator, in accordance with the license conditions provided for in the license issued to the telecom operator.

The provision of communication services for data transmission may be accompanied by the provision by the telecom operator of other services that are technologically inextricably linked with communication services for data transmission and aimed at increasing their consumer value, subject to the requirements provided for in paragraphs 31 and 32 of these Rules.

The list of services that are technologically inextricably linked with communication services for data transmission and aimed at increasing their consumer value is determined by the telecom operator.

10. The telecom operator is obliged to create a system of information and reference services in order to provide the subscriber and (or) user with information related to the provision of communication services for data transfer.

11. The information and reference service system provides paid and free information and reference services.

12. The telecom operator provides the following information and reference services free of charge and around the clock:

a) provision of information on tariffs for communication services for data transmission, about the territory for the provision of communication services for data transmission (service area);

b) providing the subscriber with information about the status of his personal account;

c) receiving information from the subscriber and (or) user about technical malfunctions that impede the use of data communication services;

d) provision of information about the provided communication services for data transmission and the necessary explanations.

13. The list of free information and reference services provided for in paragraph 12 of these Rules cannot be reduced.

The provision of free information and reference services can be carried out using auto-informers.

14. The telecom operator independently determines the list and time of paid information and reference services provided.

15. The telecom operator is obliged to provide the citizen, legal entity or individual entrepreneur with the information necessary for concluding and executing the contract, which includes:

a) the name (company name) of the telecom operator, a list of its branches, their locations and operating hours;

b) details of the license(s) issued to the telecom operator to carry out activities in the field of provision of communication services (hereinafter referred to as the license) and license conditions;

c) a list of communication services for data transmission, conditions and procedure for their provision, including the subscriber interfaces and data transmission protocols used;

d) the range of values of quality of service indicators provided by the data transmission network, within which the subscriber has the right to establish the values he needs in the contract;

e) list and description of advantages and limitations in the provision of communication services for data transmission;

f) tariffs for communication services for data transmission;

g) the procedure, forms and payment systems for communication services for data transmission;

h) telephone numbers of the information and reference service system;

i) a list of services that are technologically inextricably linked with communication services for data transmission and aimed at increasing their consumer value;

j) indication of the places where the subscriber and (or) user can fully familiarize themselves with these Rules.

16. The telecom operator is obliged, at the request of a citizen, legal entity or individual entrepreneur, to provide him, in addition to the information provided for in paragraph 15 of these Rules, with additional information related to the provision of communication services for data transmission.

The specified information in Russian (if necessary in other languages) in a clear and accessible form is communicated free of charge through the media and the information and reference service system to the attention of a citizen, legal entity or individual entrepreneur.

II. Procedure and conditions for concluding an agreement

17. Communication services for data transmission are provided on the basis of a fee-based agreement.

18. The parties to the agreement are a citizen, legal entity or individual entrepreneur, on the one hand, and a telecom operator, on the other hand.

19. To conclude an agreement, the applicant submits an application to the telecom operator in 2 copies in the form established by the telecom operator.

The application is registered by the telecom operator. One copy remains with the telecom operator, the other is given to the applicant.

The procedure for registering applications for concluding an agreement is established by the telecom operator.

The telecom operator does not have the right to refuse the applicant to accept and consider the application.

20. When submitting an application for concluding an agreement, a citizen presents a document proving his identity.

When submitting an application to conclude an agreement, a representative of a legal entity presents a document confirming his powers (power of attorney or corresponding decision of the sole executive body), as well as a copy of the certificate of state registration of the legal entity.

When submitting an application for concluding an agreement, an individual entrepreneur presents a document proving his identity, as well as a copy of the certificate of state registration as an individual entrepreneur.

21. The telecom operator, within a period not exceeding 1 month from the date of registration of the application for concluding an agreement, checks the technical possibility of providing access to the data transmission network. If such a technical possibility exists, the telecom operator enters into an agreement with the applicant.

22. An agreement concluded with a citizen is a public agreement. The contract is concluded for an indefinite period. At the request of the applicant, a fixed-term contract may be concluded with him.

23. The telecom operator has the right to refuse to conclude an agreement if it is not technically possible to provide access to the data network. In this case, the telecom operator is obliged to inform the applicant in writing about its refusal within a period not exceeding 10 days from the date of completion of the technical feasibility check.

In case of refusal or evasion of the telecom operator from concluding an agreement, the applicant has the right to apply to the court with a demand for compulsion to conclude an agreement. The burden of proving the lack of technical ability to provide access to the data network lies with the telecom operator.

24. The agreement is concluded in writing in 2 copies, one of which is given to the subscriber, or by carrying out implied actions.

By carrying out conclusive actions, a fixed-term agreement is concluded for the provision of one-time data transfer services at public access points. This agreement is considered concluded from the moment the subscriber and (or) user takes actions aimed at establishing a connection via the data network (communication session).

25. The telecom operator has the right to instruct a third party to conclude an agreement on behalf and at the expense of the telecom operator, as well as make payments to the subscriber on behalf of the telecom operator.

Under an agreement concluded by a third party on behalf and at the expense of a telecom operator, rights and obligations arise directly from the telecom operator.

26. The contract must indicate the following information:

a) date and place of conclusion of the contract;

b) name (company name) of the telecom operator;

c) details of the current account of the telecom operator;

d) details of the license issued to the telecom operator;

e) subscriber information:

last name, first name, patronymic, date and place of birth, details of an identity document - for a citizen;
name (company name), location - for a legal entity;
details of an identity document and a certificate of state registration as an individual entrepreneur - for an individual entrepreneur;

f) equipment installation address;

g) type (type) of equipment;

h) technical indicators characterizing the quality of data transmission services (including the bandwidth of the communication line in the data transmission network, loss of information packets, time delays in the transmission of information packets, reliability of information transmission);

i) the subscriber’s consent (refusal) to use information about him for information and reference services;

j) method of delivery of invoices for data communication services provided;

k) rights, obligations and responsibilities of the parties;

l) the obligation of the telecom operator to comply with the deadlines and procedures for eliminating faults that impede the use of communication services for data transmission;

m) the duration of the contract.

27. The contract must indicate the following essential conditions:

a) used subscriber interfaces and data transfer protocols;

b) provided communication services for data transmission;

c) payment system for communication services for data transmission;

d) procedure, terms and form of payments.

28. When concluding an agreement, it is not allowed to select a number from a numbering resource of a geographically defined or geographically non-defined numbering zone as a unique identification code.

29. The telecom operator does not have the right to impose on the subscriber and (or) user the provision of other services for a fee.

30. The telecom operator does not have the right to condition the provision of some communication services for data transmission on the mandatory provision of other services.

III. Procedure and conditions for execution of the contract

31. The telecom operator is obliged:

a) provide the subscriber and (or) user with communication services for data transmission in accordance with the legislation of the Russian Federation, these Rules, license and agreement;

b) eliminate, within the established time frame, malfunctions that impede the use of communication services for data transmission;

c) notify subscribers and (or) users through the media and in places of work with subscribers and (or) users about changes in tariffs for communication services for data transmission at least 10 days before the introduction of new tariffs;

d) set, in agreement with the subscriber and (or) user, a new deadline for the performance of communication services for data transmission, if failure to comply with the deadline was due to force majeure circumstances.

32. The subscriber is obliged:

a) pay for the communication services provided to him for data transmission and other services provided for in the contract in full and within the terms specified in the contract;

b) do not connect equipment to the subscriber line that does not meet the established requirements;

c) notify the telecom operator within a period not exceeding 60 days of the termination of his right of ownership and (or) use of the premises in which the equipment is installed, as well as of a change in the surname (first name, patronymic) and place of residence, name (company name), respectively. and location;

e) follow the rules for operating the equipment.

33. The subscriber has the right:

a) unilaterally refuse to fulfill the contract at any time, subject to payment of the costs actually incurred by the telecom operator to provide data communication services to this subscriber;

b) refuse to pay for communication services not provided for in the contract for the transmission of data provided to him without his consent;

c) assign, in agreement with the telecom operator, a new term for the provision of communication services for data transmission, if failure to comply with the deadlines was due to force majeure circumstances, which were notified to the subscriber before the expiration of the appointed period for the provision of communication services for data transmission.

34. In order to connect communication facilities to the subscriber line that ensure simultaneous sharing of one subscriber line by two telecom operators, the telecom operator is obliged to change the switching circuit of equipment operating on a separate subscriber line upon receipt of an application from another telecom operator about such a change, agreed in writing with the subscriber. In this case, the procedure and conditions for changing this scheme are regulated by an agreement concluded between telecom operators.

35. Payment for communication services for data transmission can be made according to a subscriber or time-based payment system or according to the volume of received and (or) transmitted information.

36. The fee for providing access to the data network by the telecom operator is charged once for each fact of providing access to the data network.

The tariff for the provision by a telecom operator of access to the data transmission network is established by the telecom operator, unless a different procedure is provided for by the legislation of the Russian Federation.

37. The tariff unit for a connection over a data network (communication session) is established by the telecom operator, but cannot be more than 1 minute for communication services for data transmission for the purpose of transmitting voice information.

The duration of the connection via the data network (communication session) is recorded in accordance with the tariff unit adopted by the telecom operator.

38. The duration of the connection over the data network (communication session), used to determine the size of the fee, when transmitting voice information is counted from the 1st second after the called equipment answers until the calling or called equipment or equipment replacing the subscriber in his absence hangs up, and when transmitting non-voice information - from the 1st byte transmitted. A connection via a data network (communication session) when transmitting voice information lasting less than 2 seconds is not taken into account in the volume of data communication services provided under a time-based payment system.

39. Tariffs for communication services for data transfer, including the tariff used to pay for an incomplete tariff unit, are established by the telecom operator, unless a different procedure is established by the legislation of the Russian Federation.

40. Tariffs may be differentiated by time of day, days of the week, weekends and holidays, by the volume of received and (or) transmitted information, as well as depending on the distance between the equipment that is one side of the established connection via the data network (communication session), and equipment that is the other side of this connection (communication session).

41. The fee for a connection via a data network (communication session) is determined based on its duration, expressed in the number of tariff units.

42. When transmitting voice information over a data network to equipment, the response signal of which is equal to the response of the called subscriber and serves as the starting point for the duration of the connection over the data network (communication session), include:

subscriber terminal with answering machine function;
other equipment that replaces the subscriber in his absence and provides or simulates the exchange of information.

43. Payment for data transfer services is carried out by cash or non-cash payment in Russian rubles.

Payment for communication services for data transmission can be made through an advance or deferred payment or immediately after the provision of such services at public access points.

When paying for communication services for data transmission by means of an advance payment, the subscriber deposits a certain amount into his personal account, from which the telecom operator withdraws payments for communication services for data transmission provided to the subscriber.

When paying for communication services for data transfer through deferred payment, payment is made at the end of the billing period. Communication services for data transfer are paid within the period established by the telecom operator, and the specified period should not be less than 10 days from the end of the billing period. A longer payment period for data communication services may be stipulated in the contract.

44. The basis for invoicing the subscriber and (or) user for the provided connections over the data network (communication sessions) is data obtained using equipment used by the telecom operator to account for the volume of data communication services provided.

45. The card for payment for communication services for data transmission contains encoded information used to communicate to the telecom operator information about payment for communication services for data transmission, as well as the following information:

a) name (company name) of the telecom operator that issued the card;

b) the name of the types of communication services for data transmission paid for using the card;

c) the amount of the advance payment, the payment of which is confirmed by the card;

d) card validity period;

e) reference (contact) telephone numbers of the telecom operator;

f) rules for using the payment card;

g) card identification number.

46. The subscriber and (or) user have the right to contact the telecom operator with a demand for a refund of the funds they paid as an advance payment.

The telecom operator is obliged to return the unused balance to the subscriber and (or) user.

47. The billing period for which an invoice is issued for the provision of communication services for data transmission should not exceed 1 month.

48. The payment period for communication services for data transmission (except for subscription fees) should not be less than 15 days from the date of invoice. A longer payment period may be specified in the contract.

When paying for communication services for data transmission using a subscriber payment system, the payment for communication services for data transmission provided is made no later than 10 days from the end of the billing period.

49. An invoice issued to a subscriber for communication services for data transmission is a settlement document that reflects data on the subscriber’s monetary obligations and which contains:

a) details of the telecom operator;

b) information about the subscriber;

c) the billing period for which the invoice is issued;

d) subscriber’s personal account number (for advance payment);

e) data on the total duration of connections via the data network (communication sessions) for the billing period (with time-based accounting);

f) the total amount presented for payment;

g) the amount of the balance on the personal account (for an advance payment);

h) date of invoice;

i) due date for payment of the invoice;

j) the amount presented for payment for each type of communication services for data transmission;

k) types of communication services provided for data transmission;

m) the date of provision of each communication service for data transfer;

m) the volume of each communication service for data transmission provided to the subscriber.

50. The telecom operator is obliged to ensure delivery to the subscriber of an invoice for payment for data communication services provided within 5 days from the date of issue of this invoice.

Upon request of the subscriber, the telecom operator is obliged to detail the invoice, which consists of providing additional information about the data communication services provided, for which a separate fee may be charged.

51. The subscriber and (or) user has the right to demand a refund of funds paid for the use of data communication services for the period when it was not possible to use such services through no fault of this subscriber and (or) user.

IV. Procedure and conditions for suspension, modification, termination and termination of the contract

52. In case of violation by the subscriber of the requirements related to the provision of communication services for data transmission, established by the Federal Law "On Communications", these Rules and the agreement, including violation of the terms of payment for the rendered communication services for data transmission, the telecom operator has the right to suspend the provision of communication services on data transfer until the violation is eliminated, notifying the subscriber about it.

If such a violation is not eliminated within 6 months from the date the subscriber receives a written notice from the telecom operator of the intention to suspend the provision of communication services for data transfer, the telecom operator has the right to unilaterally terminate the contract.

53. Upon written application of the subscriber, the telecom operator is obliged, without terminating the contract:

suspend the provision of data communication services to the subscriber. In this case, the subscriber is charged for the entire period specified in the application, in accordance with the tariff established for such cases;
suspend the provision of access to communication services for data transmission and (or) services of the information and reference service system.

54. The agreement may be suspended upon written application from the subscriber in the case of lease (sublease), lease (sublease) of premises, including residential premises in which the equipment is installed, for the duration of the lease (sublease), lease (sublease) agreement. . An agreement may be concluded with the tenant (subtenant), tenant (subtenant) of the premises in which the equipment is installed for the duration of the rental (sublease), lease (sublease) agreement with the allocation for these purposes of the same unique identification code that was allocated at the conclusion agreement, the validity of which is suspended.

55. Amendments to an agreement concluded in writing, including those relating to changes by the subscriber to the payment system for communication services for data transmission, are formalized by concluding an additional agreement to the agreement.

56. If amendments to the contract entail the need for the telecom operator to perform relevant work, these works are subject to payment by the party on whose initiative the changes were made to the contract.

57. With the written consent of the subscriber, an amendment may be made to the contract regarding the indication of a new citizen subscriber in it. In this case, the new subscriber can become:

a member of the subscriber’s family registered at the subscriber’s place of residence or who is a participant in the common ownership of the premises in which the equipment is installed;
a family member of the subscriber who is a minor citizen on the date of amendment of the contract. Moreover, until the age of 14, his legal representatives have the right to submit an application to amend the contract on behalf of a minor citizen.

58. When reorganizing or renaming a subscriber - a legal entity (except for reorganization in the form of separation or division), an amendment may be made to the agreement regarding the indication of a successor or a new name of the subscriber - a legal entity. When reorganizing a legal entity in the form of separation or division, the question of which of the legal successors should enter into an agreement is resolved in accordance with the separation balance sheet.

59. In the event of termination of the agreement, the telecom operator’s obligations to ensure the subscriber’s ability to access communication services provided by another telecom operator are terminated.

60. If the subscriber’s right to own or use the premises in which the equipment is installed is terminated, the contract with the subscriber is terminated. In this case, the telecom operator, which is a party to this agreement, at the request of the new owner of the specified premises, is obliged to conclude a new agreement with him within 30 days.

V. Procedure for filing and consideration of claims

61. The subscriber and (or) user has the right to appeal the decisions and actions (inaction) of the telecom operator related to the provision of communication services for data transmission.

62. The telecom operator is obliged to have a book of complaints and suggestions and issue it upon the first request of the subscriber and (or) user.

63. Consideration of a complaint from a subscriber and (or) user is carried out in the manner established by the legislation of the Russian Federation.

64. If the telecom operator fails to fulfill or improperly fulfills its obligations to provide communication services for data transfer, the subscriber and (or) user, before going to court, submits a claim to the telecom operator.

65. The claim must be submitted in writing and must be registered on the day it is received by the telecom operator.

Claims regarding issues related to the refusal to provide communication services for data transmission, untimely or improper fulfillment of obligations arising from the contract are made within 6 months from the date of provision of communication services for data transmission, refusal to provide them or issuing an invoice for the service provided.

Attached to the claim is a copy of the contract, as well as other documents necessary to consider the claim on its merits, which must contain information about non-fulfillment or improper fulfillment of obligations under the contract, and in the case of a claim for damages - about the fact and amount of damage caused.

66. The claim is considered by the telecom operator within no more than 60 days from the date of registration of the claim.

The telecom operator must inform the subscriber and (or) user who submitted it in writing about the results of the consideration of the claim.

If the claim was recognized by the telecom operator as justified, the identified deficiencies must be eliminated within a reasonable time specified by the subscriber and (or) user.

If the telecom operator has recognized the subscriber’s and (or) user’s demands for a reduction in the amount of payment for data communication services provided, for reimbursement of expenses for eliminating deficiencies on its own or by third parties, as well as for a refund of payments for the provision of data communication services, as justified funds and compensation for losses caused in connection with the refusal to provide communication services for data transmission, these requirements must be satisfied within 10 days from the date of filing the claim.

If a claim is rejected in whole or in part or a response is not received within the time limit established for its consideration, the subscriber and (or) user have the right to file a claim in court.

VI. Responsibility of the parties

67. For failure to fulfill or improper fulfillment of obligations under the contract, the telecom operator is liable to the subscriber and (or) user in the following cases:

a) violation of the deadlines for providing access to the data transmission network;

b) violation of the terms established in the contract for the provision of communication services for data transmission;

c) failure to provide communication services for data transmission specified in the contract;

d) poor quality of communication services for data transmission, including as a result of inadequate maintenance of the data transmission network;

e) violation of the secrecy of information transmitted over a data network;

f) violation of established restrictions on the dissemination of information about a citizen subscriber that has become known to the telecom operator due to the execution of the contract.

68. If the established deadlines for the provision of communication services for data transmission are violated, the citizen subscriber, at his choice, has the right to:

a) assign to the telecom operator a new period during which the data communication service must be provided;

b) entrust the provision of communication services for data transmission to third parties for a reasonable price and demand reimbursement of expenses incurred from the telecom operator;

c) demand a reduction in the cost of communication services for data transmission;

d) terminate the contract.

69. In addition to the requirements imposed by the citizen subscriber in accordance with paragraph 68 of these Rules, the telecom operator pays the citizen subscriber a penalty:

in case of violation of the terms for providing access to the data transmission network - in the amount of 3 percent of the fee for providing access to the data transmission network for each day of delay until the start of providing access to the data transmission network, unless a higher amount of the penalty is specified in the contract, but not more than the fee specified in the contract;
in case of violation of the established deadlines for the provision of communication services for data transmission - in the amount of 3 percent of the cost of communication services for data transmission for each hour of delay until the start of provision of communication services for data transmission, unless a higher amount of the penalty is specified in the contract, but not more than the cost of the service data communications.

If the cost of a data communication service is not determined, the amount of the penalty is determined based on the total cost of a data communication service that existed in the place where the subscriber and (or) user’s requirement should have been satisfied by the telecom operator, on the day of voluntary satisfaction of such requirement or on the day of the court decision, if the request of the subscriber and (or) user was not voluntarily satisfied.

70. If the telecom operator violates the established deadlines for the provision of communication services for data transmission, the subscriber and (or) user has the right to demand full compensation for losses caused to them in connection with the violation of the specified deadlines.

71. In case of non-fulfillment or improper fulfillment of obligations in accordance with the agreement, the subscriber and (or) user have the right to demand, at their choice:

a) free elimination of deficiencies in the provision of communication services for data transmission;

b) a corresponding reduction in the cost of communication services for data transmission;

c) reimbursement of expenses incurred by them to eliminate deficiencies in the communication services provided for data transmission on their own or by third parties.

72. In the event of a violation by the telecom operator of the secrecy of information transmitted over the data network and demands to limit the dissemination of information about the citizen subscriber that has become known to him by virtue of the execution of the contract, the telecom operator, at the request of the subscriber, shall compensate for the losses caused by these actions.

73. In case of failure to provide, incomplete or untimely provision of information on the provision of communication services for data transmission, the subscriber has the right to refuse to fulfill the contract, demand the return of funds paid for the provision of communication services for data transmission and compensation for losses incurred.

74. The subscriber and (or) user are liable to the telecom operator in the following cases:

a) non-payment, incomplete or untimely payment for communication services for data transmission;

b) failure to comply with the rules for operating equipment;

c) failure to comply with the ban on connecting to the subscriber line equipment that does not meet the established requirements.

75. In case of non-payment, incomplete or untimely payment for communication services for data transmission, the subscriber and (or) user shall pay the telecom operator a penalty in the amount of 1 percent of the cost of unpaid, not paid in full or late paid communication services for data transmission (if a smaller amount is not specified in the contract) for each day of delay up to the day the debt is repaid, but not more than the amount due.

76. If the subscriber and (or) user fails to comply with the rules for operating the equipment or fails to comply with the ban on connecting equipment that does not meet the established requirements to the subscriber line, the telecom operator has the right to go to court with a claim for compensation for losses caused by such actions of the subscriber and (or) user.

77. The telecom operator is released from liability for non-fulfillment or improper fulfillment of obligations under the contract if it proves that their non-fulfillment or improper fulfillment occurred due to force majeure circumstances or the fault of the other party.

1. These Rules govern the relationship between the subscriber and (or) user, on the one hand, and the telecom operator, on the other hand, when providing communication services for data transfer.

2. The concepts used in these Rules mean the following:

"subscriber"- a user of communication services for data transmission, with whom an agreement has been concluded for the provision of communication services for data transmission, with the allocation of a unique identification code for these purposes;

"subscriber line"- a communication line connecting the user (terminal) equipment with the communication node of the data transmission network;

"subscriber interface"- technical and technological parameters of physical circuits connecting communication means with user (terminal) equipment;

"user terminal"- user (terminal) equipment used by the subscriber and (or) user to connect to the communication node of the data transmission network using a subscriber line;

"user of data communication services"- a person ordering and (or) using communication services for data transfer;

"information package"- a telecommunication message that is transmitted over a data network and contains the data necessary for its switching by a communication center;

"data transfer protocol"- a formalized set of requirements for the structure of information packets and the algorithm for exchanging information packets between data transmission network devices;

"tariff plan"- a set of price conditions under which a telecom operator offers to use one or more communication services for data transmission;

"communication node of the data network"- communication means performing the functions of switching systems.

4. The telecom operator is obliged to ensure the confidentiality of information transmitted over the data network.

6. User (terminal) equipment (hereinafter referred to as equipment) that meets the established requirements can be connected to the subscriber line.

11. The information and reference service system provides paid and free information and reference services.

12. The telecom operator provides the following information and reference services free of charge and around the clock:

a) provision of information on tariffs for communication services for data transmission, about the territory for the provision of communication services for data transmission (service area);

b) providing the subscriber with information about the status of his personal account;

13. The list of free information and reference services provided for in paragraph 12 of these Rules cannot be reduced.

14. The telecom operator independently determines the list and time of paid information and reference services provided.

Decree of the Government of the Russian Federation of January 23, 2006 N 32 Moscow

On approval of the Rules for the provision of communication services for data transmission.

APPENDIX No. 3

to Agreement No. _____________

from "___" ______________ 201__
RULES OF SERVICE PROVISION

data communications, telematic communication services,

other services

(hereinafter referred to as the Rules)
The recipient of this Service can be any adult individual, hereinafter referred to as the “Subscriber,” who needs the Service and has the technical ability to receive it.
These Rules are an integral part of the Agreement for the provision of communication services.
The contract is concluded for an indefinite period
The concepts used in the Agreement and the Rules mean the following:
Subscriber – user of communication services on the basis of the Agreement and these Rules with the allocation of a unique identification code

Personal Area– web - a page on the Operator’s website containing statistical information about the current state of the Personal Account. In addition, on this page the Subscriber Subscribes to the Services, changes the tariff plan and blocks the Services by the Subscriber.

Type (type) of the Subscriber’s equipment –any equipment that supports the interface Ethernet and IP protocol

Service

1.1. The service includes the following services (services) supported and provided by the Operator, namely:

data transmission with packet switching using protocols based on Internet Protocol (IP) (communication services for data transmission, with the exception of communication services for data transmission for the purpose of transmitting voice information);
service for access to information resources, including Internet access;
personal access to balance sheet and statistical indicators of the use of the Service under conditions that ensure the confidentiality of information about the Subscriber;
free provision to the Subscriber of information about the status of his personal account;
other services provided in accordance with the current legislation of the Russian Federation, the Price List and these Rules.

1.2.The Service does not include training the Subscriber in Internet skills, setting up or diagnosing the Subscriber’s personal computer and software.

1.3. Provision of services for providing access to the Operator’s data network:

The Operator undertakes to provide services for providing access to the data network (perform work on forming a subscriber line and connecting the Subscriber’s equipment to the Operator’s data network using it) within 7 (seven) business days from the date of signing the Agreement.
The work is performed within the time period specified in this paragraph, subject to the Subscriber providing access to the OPERATOR's representatives to the premises (apartment, etc.) where the Subscriber's equipment is located, as well as the Subscriber providing assistance (ensuring access and obtaining approval) specified in clause 1.3. 4. Agreement.
The Subscriber is obliged to provide, upon the Operator's request, a distribution kit of the operating system installed on the Subscriber's computer for correct installation and configuration of the network card.
The Subscriber guarantees that he is the owner (a member of the owner’s family) or a tenant of an apartment, non-residential premises and the corresponding part of common areas (attics and basements, staircases and house openings, etc.), at the address specified in the Order (application ) (Appendix No. 1 of the Agreement). The Subscriber is obliged to ensure that the Operator has access to the low-current part of electrical panels on all floors of the house (building) in which installation work will be carried out. If the connection is made in a rented premises, the Subscriber guarantees that he has received written approval for the work and/or equipment from the owner of the building/premises (lessor).
If the work on creating a subscriber line is particularly difficult (European-quality renovation, safe door, etc.), the Operator has the right to change the cost of the work in agreement with the Subscriber, postpone the deadline for completing the work with mandatory notification to the Subscriber, or refuse to perform the work and, accordingly, refuse execution of this Agreement. However, such a postponement of the work will not be a violation of the deadlines for providing access to the data transmission network.
The technical means that are used to provide data transmission services, including the cable laid to the Subscriber’s apartment (premises), are maintained by the Operator and are the property of the Operator.

Technical description and procedure for providing the Service

2.1. Permanent connection

2.1.1. Description of Service: A permanent connection provides a non-switched, 24/7 connection to the Operator's data network with the ability to access information resources and standard computer network services via IP protocol from the Subscriber's computer.

A permanent connection requires the organization of a separate data transmission channel to the location of the Subscriber's computer. The method of organizing a specific channel is determined based on the required parameters of the Service, the end address of the channel and the technical capabilities of the Operator at this address. The subscriber interface used is Ethernet/FastEthernet (10/100Base-T), protocol is TCP/IP.

2.1.2. Procedure for organizing a permanent connection

2.1.2.1. The subscriber fills out a request (application) for the possibility of organizing a permanent connection, which indicates:

a) Full name of the Subscriber;

b) the exact address at which the Subscriber needs a communication channel;

c) contact persons on the Subscriber’s side (responsible and technical representatives);

d) contact phone number, e-mail.
2.1.2.2. Determining technical feasibility.

The operator, within a reasonable time, determines the availability of technical capabilities and reports its presence/absence to the Subscriber.

If technically possible, the Operator informs the Subscriber of the cost and technical and/or organizational details of connection options.
2.1.2.3. If the Subscriber agrees to connect to the Service, the Operator fills out an application to connect the Subscriber. The operator enters passport data and the selected tariff into the application. In this case, the corresponding Agreement No. and Personal Account No., as well as a login/password for entering your Personal Account, are automatically generated.

Decree of the Government of the Russian Federation of January 23, 2006 N 32
"On approval of the Rules for the provision of communication services for data transmission"

In accordance with the Federal Law "On Communications" and the Law of the Russian Federation "On the Protection of Consumer Rights", the Government of the Russian Federation decides:

Approve the attached Rules for the provision of communication services for data transmission and put them into effect from July 1, 2006.

Rules
provision of communication services for data transmission
(approved by Decree of the Government of the Russian Federation of January 23, 2006 N 32)

With changes and additions from:

I. General provisions

1. These Rules govern the relationship between the subscriber and (or) user, on the one hand, and the telecom operator, on the other hand, when providing communication services for data transfer.

2. The concepts used in these Rules mean the following:

“subscriber” - a user of communication services for data transmission, with whom an agreement has been concluded for the provision of communication services for data transmission, with the allocation of a unique identification code for these purposes;

"subscriber line"- a communication line connecting the user (terminal) equipment with the communication node of the data transmission network;

"subscriber interface"- technical and technological parameters of physical circuits connecting communication means with user (terminal) equipment;

"user terminal"- user (terminal) equipment used by the subscriber and (or) user to connect to the communication node of the data transmission network using a subscriber line;

"reliability of information transmission"- one-to-one correspondence of information packets transmitted by the user (terminal) equipment, which is one side of the established connection over the data network, and received by the user (terminal) equipment, which is the other side of this connection;

"user of data communication services"- a person ordering and (or) using communication services for data transfer;

"information package"- a telecommunication message that is transmitted over a data network and contains the data necessary for its switching by a communication center;

"data transfer protocol"- a formalized set of requirements for the structure of information packets and the algorithm for exchanging information packets between data transmission network devices;

"providing access to the data network"- a set of actions by a telecommunications operator of a data transmission network to form a subscriber line and connect user (terminal) equipment with its help to a communication node of a data transmission network or provide the ability to connect user (terminal) equipment to a data transmission network using a telephone connection or a connection via another network data transfer in order to ensure the possibility of providing the subscriber with communication services for data transfer;

"providing access to data communication services"- providing one telecom operator with the opportunity for its subscriber to receive communication services for data transmission provided by another telecom operator;

"data network connection (communication session)"- established as a result of a call or pre-established interaction between communication means, allowing the subscriber and (or) user to transmit and (or) receive voice and (or) non-voice information;

"technical ability to provide access to the data network"- simultaneous presence of unused mounted capacity of the communication center, in the coverage area of which the connection of the user (terminal) equipment to the data transmission network is requested, and unused communication lines that allow the formation of a subscriber communication line between the communication center and the user (terminal) equipment;

“tariff plan” - a set of price conditions under which a telecom operator offers to use one or more communication services for data transmission;

"communication node of the data network"- communication means performing the functions of switching systems.

4. The telecom operator is obliged to ensure the confidentiality of information transmitted over the data network.

Restriction of the right to secrecy of information transmitted over a data transmission network is permitted only in cases provided for by federal laws.

Information about information transmitted over the data network may be provided only to subscribers and (or) users or their authorized representatives, unless otherwise provided by federal laws.

Information about a citizen subscriber that has become known to the telecom operator due to the execution of an agreement for the provision of communication services for data transmission (hereinafter referred to as the agreement) may be used by the telecom operator to provide reference and other information services or transferred to third parties only with the written consent of this subscriber, for except in cases provided for by federal laws.

The consent of the citizen subscriber to the processing of his personal data in order for the telecom operator to make payments for the provided communication services, as well as to consider claims, is not required.

6. User (terminal) equipment (hereinafter referred to as equipment) that meets the established requirements can be connected to the subscriber line.

The obligation to provide equipment to be connected to the subscriber line rests with the subscriber, unless otherwise provided by the contract.

8. Communication services for data transmission are divided into:

communication services for data transmission, with the exception of communication services for data transmission for the purpose of transmitting voice information;

communication services for data transmission for the purpose of transmitting voice information.

The list of services that are technologically inextricably linked with communication services for data transmission and aimed at increasing their consumer value is determined by the telecom operator.

11. The information and reference service system provides paid and free information and reference services.

12. The telecom operator provides the following information and reference services free of charge and around the clock:

a) provision of information on tariffs for communication services for data transmission, about the territory for the provision of communication services for data transmission (service area);

b) providing the subscriber with information about the status of his personal account;

c) receiving information from the subscriber and (or) user about technical malfunctions that impede the use of data communication services;

d) provision of information about the provided communication services for data transmission and the necessary explanations.

13. The list of free information and reference services provided for in paragraph 12 of these Rules cannot be reduced.

The provision of free information and reference services can be carried out using auto-informers.

14. The telecom operator independently determines the list and time of paid information and reference services provided.

15. The telecom operator is obliged to provide the citizen, legal entity or individual entrepreneur with the information necessary for concluding and executing the contract, which includes:

a) the name (company name) of the telecom operator, a list of its branches, their locations and operating hours;

b) details of the license(s) issued to the telecom operator to carry out activities in the field of provision of communication services (hereinafter referred to as the license) and license conditions;

c) a list of communication services for data transmission, conditions and procedure for their provision, including the subscriber interfaces and data transmission protocols used;

d) the range of values of quality of service indicators provided by the data transmission network, within which the subscriber has the right to establish the values he needs in the contract;

e) list and description of advantages and limitations in the provision of communication services for data transmission;

f) tariffs for communication services for data transmission;

g) the procedure, forms and payment systems for communication services for data transmission;

h) telephone numbers of the information and reference service system;

i) a list of services that are technologically inextricably linked with communication services for data transmission and aimed at increasing their consumer value;

j) indication of the places where the subscriber and (or) user can fully familiarize themselves with these Rules.

The specified information in Russian (if necessary in other languages) in a clear and accessible form is provided free of charge through the telecom operator’s website on the Internet information and telecommunications network and the information and reference service system to the attention of a citizen, legal entity or individual entrepreneur. At the request of the subscriber, it is possible to send information to the email address specified by him or the email address of the telecom operator’s self-service system, through which the subscriber has access to information about the communication services provided to him for data transfer, settlements with the telecom operator and other information (personal account).

II. Procedure and conditions for concluding an agreement