USER AGREEMENT FOR HEF SERVICE CLIENTS

The administration of the service that is located under the domain name HefService.com (referred to as “Hef Service” or “Service”), Hef Service Belize Ltd., registered 12.05.2023, TIN 987654, registration certificate BZE-2023-456789, issued by the International Business Companies Registry of Belize on 10.05.2023, registered address: P.O. Box 123, Belize City, Belize.

1. Subject of the agreement

1.1. The service provides the User with temporary use (rental) of equipment and technical means: telecom equipment, GSM gateways, devices for aggregating subscriber numbers (hereinafter referred to as «SIM banks») and others, according to the service’s list, at prices specified in the price list (hereinafter referred to as the «equipment»). The User undertakes to pay the service’s Administration for the use of the equipment in the manner and under the terms specified in this Agreement.

1.2. The equipment is provided remotely, provided that the User’s devices are connected to the Internet.

1.3. The services of Hef Service consist of providing access to the equipment and configuring each unit of equipment to adapt to the User’s devices (server). The adaptation settings are made according to the data provided by the Users. Hef Service, under this Agreement, performs only basic configuration necessary for the interaction of the equipment and the User’s devices (server). The main configuration for most equipment involves setting and entering the data for the remote server of the user’s equipment and does not include the installation of the server itself.

1.4. Advanced settings, including but not limited to: detailed, non-standard configurations; software installation on the client’s or service’s servers; configuration of any VPN protocols and other network traffic routing, are not included in the cost of the service under this Agreement and will be charged additionally. The cost is determined by the Service based on the complexity, time required for installation, and other parameters of such configurations.

1.5. The functionality of the equipment is available during the paid period or the limited period, if such a period is set at the discretion of Hef Service for a specific User (clause 2.9).

1.6. The payment for the use of the equipment constitutes an action confirming the acceptance of this Agreement in full (acceptance of the offer) and confirms that the User has fully familiarized themselves with the terms of this Agreement.

1.7. The User undertakes to study the functionality of the service, the selected equipment, and the procedure for its use. If any questions arise, the User has the right to contact technical support for assistance. However, the resolution of technical issues in the User’s software and its interaction with the Service’s equipment is not guaranteed. If the User has not familiarized themselves with the functionality, the Administration is not responsible for the quality and results of the services.

2. Payment for the use of equipment

2.1. To gain access to the functionality of the selected equipment, the User deposits funds into the Hef Service account in the amount required to cover the selected period – an advance payment for services to be provided in the upcoming period. The specified period, when initially connecting, cannot be less than fourteen calendar days, and in cases when the equipment is customized according to the User’s individual order, it cannot be less than thirty calendar days.

2.2. Payment indicates the User’s agreement with the content and scope of the services. By making a payment, the User confirms that they are fully acquainted with the tariff details, the functionality of the equipment, and understands how to use the equipment.

2.3. The cost for each unit of equipment, based on the usage period, is determined by the price list, the current version of which can be found at: http://www.hefservice.com/Pricelist.xlsx

2.4. The prepaid amount is accounted for in the User’s balance. This balance is unified for the payment of all equipment units connected by the User and reflects the total expenses. When connecting multiple units of equipment, the amounts deposited into the balance are deducted daily for each unit, regardless of the cost and duration of equipment usage.

2.5. The User has the right to make a prepayment independently, directly to the Service representatives, through the automatic payment system, or by mutual agreement with third parties (using transaction protection, escrow services), provided that Hef Service (Hef Service Belize Ltd.) is listed as a participant in the third-party services. Any costs related to transaction protection, money transfer fees, and delivery of funds are to be paid by the User.

2.6. Time zone for calculations: UTC-5 (EST). The calculation of the equipment usage time, equipment operation, downtime, receipt of notifications, and other related timekeeping is done according to the data of the specified time zone.

2.7. Payment is calculated on a daily basis according to the tariff rate established for the use of the equipment in the price list or other appendices to this Agreement provided to the User.

2.8. The minimum paid usage period for the equipment is fourteen calendar days, and in cases where the equipment is customized for the User’s individual order, it is thirty calendar days. After the specified period, the usage period is determined at the User’s discretion and may be from one calendar day (24 hours). In this case, funds are also deposited on a prepayment basis or deducted from the User’s balance as an advance if no other notifications have been received from the User to the Service.

2.9. The Administration has the right to establish a limit period at its discretion for certain categories of Users, during which the use of the equipment is based on subsequent payment. The number of days included in the specified period is determined individually for each specific User. The Administration has the right to refuse to establish the payment terms specified in this paragraph without providing reasons.

2.10. The equipment is turned off at the following times, depending on the conditions set for the User:

- on the day the paid period ends;

- on the day the limit period ends.

If, for any reason, the equipment continued to operate after the specified periods, the usage period must be paid by the User immediately.

2.11. Before making a payment, the User must verify the validity of the payment details with the Administration (request up-to-date details) using the methods specified in this Agreement (clause 7.1.). The Service administration is not responsible for the receipt of funds if the User did not perform the verification described in this clause.

2.12. Additional payment is established for actions performed by the service specialists concerning SIM banks, such as receiving, transmitting, installing, identifying, registering, and other actions performed with subscriber identification modules directly by service specialists.

2.13. Any changes in the cost established at the time of connecting the equipment to the User’s devices (server) are made only after notifying the User. Notifications are made through the contact details previously used by the User to communicate with the Administration (see clause 7.1.). If the User does not send reasonable objections within 48 hours regarding the changes, the new conditions for equipment use take effect after the specified period.

3. Procedure for use the equipment

3.1. Hef Service ensures the availability of infrastructure and equipment for the User. The Service undertakes to resolve malfunctions in the shortest possible time, but within no legally defined time limits. In the event that equipment malfunctions prevent it from being used for its intended purpose, in accordance with clause 3.4 of this Agreement, payment for the equipment may be waived.

3.2. The first day of equipment use, subject to payment, is considered the day: - when the equipment was connected to the User’s infrastructure network by the Service through the appropriate settings, based on the data provided by the User; - when the equipment was fully prepared by the Service for connection to the User’s infrastructure (devices, server), and the User was notified about the availability of the equipment, but for any reason, the User did not take the necessary actions to activate the equipment.

3.3. Any stoppage of equipment operation during the paid or limit period is carried out only upon the User’s instruction. The notification is sent via messengers specified in this Agreement (see clause 7.1.). The day the equipment stops working is considered the day the notification is received; if the equipment operated for more than twenty-two hours on the day the notification was received, the following day is considered.

3.4. Days are not considered for payment calculation in cases where the functionality of the equipment remained unavailable for more than two hours after receiving a malfunction notification from the User through the contact details specified in this Agreement.

3.5. If, during the troubleshooting process, it is found that a segment (port, channel, etc.) did not function, recalculation is made only for the specified segment (port, channel) proportionally to its cost.

3.6. If the malfunction is caused by changes in technical settings or other modifications by the User, the time for resolving such issues and adapting the equipment to the new settings is 24 hours after the Service receives the notification. Equipment usage will not be paid for after the 24 hours required to fix the mentioned issues if the issues are not resolved.

3.7. In case the User notifies about low data transfer speed (internet connection), low signal reception, and other technical issues related to the operation of the Gateways, the time for resolving such issues and adapting the equipment is 24 hours after the Service receives the notification. Equipment usage will not be paid for after the 24 hours required to fix the mentioned issues if the issues are not resolved.

3.8. Any actions required for the SIM banks to be performed by the Service specialists will be carried out within 48 hours from the moment the Service receives the User’s request. If these actions are not performed within the specified period, the use of the equipment will not be paid by the User until the actions are completed.

3.9. The User agrees not to use the equipment for illegal purposes or for circumventing current legislative norms. In case of such violations, Hef Service is not responsible and may deduct the cost of equipment usage and other damages related to this activity from the User’s balance without consent. Hef Service also reserves the right to share all information about the User at the request of law enforcement authorities.

3.10. If the User intends to use the equipment in any non-standard way, outside the scope of standard use and this Agreement, they must notify Hef Service privately.

3.11. The User is responsible for ensuring the equipment’s functionality by setting a unique password, for which they are also responsible for safeguarding. Hef Service is not responsible for hacking or malfunction caused by third parties if the User has not taken measures to protect the equipment and ensure its security. The User must be aware that the equipment is used on IP addresses accessible to any users on the Internet.

3.12. Upon the User’s request, access to the equipment may be restricted (excluded from general network access).

4. Responsibilities of the Parties

4.1. Hef Service undertakes to:

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

4.1.2. maintain the infrastructure in proper working condition;

4.1.3. promptly assist the User in resolving failures, emergencies, and technical issues with the equipment;

4.1.4. not disclose information constituting the User’s trade secrets, i.e., information that has value due to its unknown status to third parties, including details about contractors such as persons, employees, managers, company details, addresses, and phone numbers; pricing policies, contract terms, payment procedures, and other financial information; concluded and planned transactions; commercial activity plans, current and upcoming payments; data on computer network devices; and other data that becomes available to the Service while providing services – except in cases of unlawful use of the equipment, where such information must be provided upon an official request from government authorities.

4.2. The User undertakes to:

4.2.1. not transfer their rights and obligations under this Agreement, not burden the infrastructure in any way, and not allow its use by third parties without the consent of the Hef Service Administration;

4.2.2. ensure compliance with the applicable laws regarding the equipment and its use; if necessary, in accordance with the laws of their location, obtain permits, licenses, and approvals required for conducting commercial activities, fulfill all legal requirements, and complete all actions and formalities related to the equipment in the User’s country of residence;

4.2.3. in the event of claims and/or sanctions imposed by authorities, officials, or other entities and persons authorized by law to issue binding acts, comply with their requirements and/or directives in a timely manner to prevent any damage to Hef Service;

4.2.4. use the equipment in accordance with its intended purpose and the objectives of this Agreement, in compliance with applicable laws;

4.2.5. make payments in a timely manner, following the procedures and conditions set forth in this Agreement.

5. Special Conditions and Liability

5.1. The Hef Service Administration shall not be held liable for any consequences resulting from the User’s failure to familiarize themselves with the rules set forth in this Agreement.

5.2. Hef Service shall not be liable for the results obtained by Users as a result of using the equipment, as the practical application of the equipment is beyond the Service’s control.

5.3. Hef Service shall not be liable for any direct or indirect losses incurred by Users (including, but not limited to, loss of profits, business interruptions, loss of business information, other financial losses, lost benefits, or moral damages) related to the use or inability to use the equipment.

5.4. In the event of dispute between the User and Hef Service regarding service deficiencies or their causes, either party may request an expert review. The cost of the expert review shall be borne by the User unless the review establishes that the User has not violated the Agreement or that there is no casual link between the User’s actions and the identified deficiencies. In such cases, the costs of the expert review shall be borne by the party that requested it, or, if the review was arranged by mutual agreement, the costs shall be shared equally by both parties.

5.5. Hef Service shall not be responsible for any decisions made by the User regarding the choice of tariff or equipment. The User accepts the services “as is” and undertakes to familiarize themselves with the functionality and technical characteristics of the selected equipment. Hef Service shall not be liable for any consequences resulting from the User’s failure to review or fully understand the terms of service, their content, or tariffs. However, the Service shall respond all User inquiries related to the equipment, technical specifications, and pricing via the contact details specified in clause 7.1.

5.6. In the event of unlawful use of the equipment, the User shall bear full responsibility independently, without involving Hef Service, and shall fully compensate Hef Service for any losses incurred. At the same time, the full cost of equipment use shall be deducted from the User’s balance, and if the available funds are insufficient, the User shall be required to pay the outstanding amount.

5.7. Hef Service shall not be liable for the receipt of funds if the User has failed to verify the validity of the payment details (contacts for requesting payment details are specified in clause 7.1.).

5.8. By registering for the service, the User confirms that they are a citizen who has reached the legal age required to enter into transactions related to the services provided by the service.

5.9. Hef Service shall not be liable for cases of service use by minors. Any issues arising from a minor’s use of the service must be resolved by their legal representatives (parents, adoptive parents, guardians, or custodians). The service does not have functionality that allows verification of User’s age, legal capacity, or authorization to enter into transactions, pay for services, select tariffs, or perform other actions. Responsibility for any actions taken by minors lies with their parents or legal representatives. Hef Service does not provide refunds, tariff changes, or any other compensations related to the use of the service by minors.

5.10. If there are any doubts regarding a User’s age, legal capacity, or whether they have received consent from their legal representatives to enter into a transaction, Hef Service reserves the right to refuse service until documents confirming the User’s legal capacity are provided.

6. Final Provisions

6.1. HefService.com is a publicly accessible service available to all Internet users and operates in compliance with the applicable laws of the Belize.

6.2. This Agreement remains in effect for an indefinite period as long as the User utilizes the service.

7. Contact Information.

7.1. For all inquiries related to using the service, obtaining payment details, connecting equipment, or reporting technical issues, requests should be directed to the following contacts:

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