1. General

1.4. This document is an official offer (public offer) of WebVoice Limited Liability Company and contains al material terms and conditions for provision of telematic communications and data transfer services.

1.2. The Parties hereto are WebVoice LLC (hereinafter referred to as the CONTRACTOR) represented by its Managing Director S.M. Ushakova acting in accordance with the Articles of Association, on the one part, and the User of any legal entity or individual joining this Agreement, on the other part.

1.3. The full and unconditional acceptance of this public offer shall be the time of acceptance by the USER of its terms and conditions, or upon the first application by the USER of any EVAPHONE products, and shall remain in effect until termination thereof by either party.

1.4. Acceptance of the offer shall mean that the USER agrees with all provisions thereof, which is equal to entering into a telematic communications and data transfer services Agreement.

2. Terms and definitions applied herein

User interface - technical and technological parameters of physical chains connecting the operator's communications facilities and the user (customer premise) equipment, and the formalized set of interaction regulations;

user terminal - hardware and software package applied by the user for employing telematic services for transmission, receipt and imaging electronic messages and (or) formation, storage and processing of information contained...

USER device - a PC or autonomous device supporting TCP/IP, SIP protocols connected to the EVAPHONE System;

harmful software - software purposely leading to violation of the user's legitimate rights, including acquisition, processing or transfer from the user terminal of any information without the user's consent, or to deterioration of operational parameters of the user terminal or communications network;

contents - information (files containing data, texts, software, musical and audio files and other sound files, photo-, video-, and other images) to which the USER has an access as part of the Services or through employing the Services in the EVAPHONE System;

personal account - the USER's account in the EVAPHONE System reflecting records of actually made VoIP calls and other settlement transactions;

advertising - information distributed in any manner and form using any means and offered to public at large in order to attract attention to the advertised object, formation and maintenance of the interest thereto and promotion thereof on the market;

network address - number of the numeration resource of the data transfer network strictly defining in employment of the communications telematic services the user terminal or communications facilities incorporated in the information system;

EVAPHONE system - the CONTRACTOR's hardware and software package responsible for registration of the USER's user device and VoIP calling, and storage of records. The EVAPHONE System has a web-interface available at sites [ www.evaphone.ru] and [www.evaphone.com];

spam - telematic electronic message intended for public at large delivered to the user without their preliminary consent and not enabling the sender thereof to be defined, e.g. for the reason of nonexistent or false address indicated therein;

Telematic electronic message - one or more electrical communications message containing information structured in accordance with exchange protocol maintained through the information system-user terminal interface;

Terms and Conditions - terms and conditions for provision of the EVAPHONE System services specified in this document and any appendices thereto as supplemented and amended;

Services - telematic communications and data transfer services provided by the EVAPHONE system under terms and conditions specified hereunder;

VoIP-call - IP channel voice transmission session.

3. Subject Matter

3.1. The subject matter hereof is provision of telematic communications and data transfer services free of charge, provided the USER has agreed to watch an advertisement, through access and services provided for the USER in the EVAPHONE System under terms and conditions specified hereunder (hereinafter referred to as the Terms and Conditions).

3.2. The CONTRACTOR shall provider the Services in accordance with legislative and other statutory legal acts of the Russian Federation, pursuant to the Articles of Association of the Company and subject to License No. 81689 dated 01.12.2010, License No. 81690 dated 01.12.2010 and License No. 81691 dated 01.12.2010.

3.3. The CONTRACTOR shall publish the terms and conditions of the services on its official site at: www.evaphone.ru and www.evaphone.com.

3.4. The CONTRACTOR shall be entitled to modify terms and conditions hereof unilaterally not earlier than 10 days after the date of publication thereof on sites at www.evaphone.ru and www.evaphone.com.

4. Services Terms and Format

4.1. The USER may accept the Terms and Conditions:

a). having selected the option accept the Terms and Conditions or agree with Terms and Conditions, if such option is provided by the EVAPHONE System in the User's interface for such Service; or

b). by actually using the Service. In such event, the User shall acknowledge and agree that EVAPHONE will consider the fact of use thereof as a form for acceptance of the Terms and Conditions effective the appropriate time.

4.2. Prior to each use of the EVAPHONE System service advertisement will be shown. Acceptance by the USER of the EVAPHONE System Services shall mean that the USER has agreed to receive and watch an advertisement in the EVAPHONE System.

4.3. The USER may make calls only to destinations made available by the CONTRACTOR. See the list of available destinations at [ www.evaphone.ru] and [www.evaphone.com] in the Available Destinations Section.

4.4. Duration of the call will be defined by the CONTRACTOR. The CONTRACTOR may change duration of the call.

5. Rights and Obligations of the Parties

5.1. The CONTRACTOR'S obligations.

The CONTRACTOR shall:

5.1.1. Register the USER'S user device in the EVAPHONE System.

5.1.2. Provide consultations on the matters related to execution hereof.

5.1.3. Provide 24 hours access to the EVAPHONE System.

5.1.4. Maintain the USER'S personal account.

5.1.5. Remedy faults preventing from using the Services.

The CONTRACTOR render the following information services 24 hours free of charge:

5.1.7. Provide necessary and true information on the EVAPHONE System.

5.1.8. Receive from the USER any information on technical troubles preventing from using the EVAPHONE System.

5.1.9. Provide information on user (customer premise) equipment settings for use of the EVAPHONE System.

5.2. The CONTRACTOR'S rights:

5.2.1. The CONTRACTOR shall be entitled to limit, suspend or cease the USER's use of the EVAPHONE System, cut off the USER's access to EVAPHONE web site, remove the materials published by the USER and take any and all engineering and legal measures to prevent the USER's access to the EVAPHONE site in the future, if the CONTRACTOR considers that the USER has violated these Terms and Conditions, has made anything that may result in legal proceedings, has breached intellectual rights of third parties, has got involved in cheating, fraud, amoral or illegal actions. Termination of the USER's access to the EVAPHONE Services shall be deemed a sufficient notice of the measures taken by EVAPHONE. If the USER has given to EVAPHONE their current e-mail address, EVAPHONE may send to the USER a written notice.

5.2.2. The CONTRACTOR shall be entitled to make engineering modifications to their products and services in accordance with changes of consumer demand, latest process designs and statutory rules and regulations. The CONTRACTOR shall also be entitled to alter, improve and upgrade their products, in which case the CONTRACTOR shall be entitled to restrict, terminate or suspend the access to the EVAPHONE System.

5.2.3. The CONTRACTOR shall fix duration of the call at their own discretion. The CONTRACTOR may change duration of the call in either way without giving a preliminary notice to the USER.

5.2.4. The CONTRACTOR shall select available destinations for free calls without consent of and preliminary notice to the USER. The list of available destinations for free calls is and published for review on sites [ www.evaphone.ru] and [www.evaphone.com] in the Available Destinations Section.

5.2.5. The CONTRACTOR shall fix duration of the advertisement at their own discretion. The CONTRACTOR may change duration of the advertisement in either ways without giving a preliminary notice to the USER.

5.3. The USER's obligations

5.3.1. To timely provide the CONTRACTOR with any data and information required for proper provision of EVAPHONE Services.

5.3.2. Not to reproduce, duplicate, copy, sell, make transactions with nor resell the Services for any purposes, unless such actions directly authorized in a separate agreement with the CONTRACTOR.

5.3.3. To use for the Services the user (consumer premise) equipment and software complying with the requirements.

5.3.4. To take measures to protect the user terminal from harmful software.

5.3.5. To prevent spam and harmful software expansion from their user terminal.

5.3.6. To use the Services only for the purposes authorized by the Terms and Conditions and in accordance with the legislative and other statutory legal acts of the Russian Federation.

5.4. The USER's rights

5.4.1. To refuse using Services not covered by the Offer and provided without their consent.

6. Liability of the Parties

6.1. For failure to perform or improper performance of the Terms and Conditions specified herein, the CONTRACTOR shall be kept liable with due regard to the applicable law of the Russian Federation.

6.2. The CONTRACTOR shall be kept liable to the USER for actions or omissions resulting in expansion of spam, harmful software or other information prohibited by the law of the Russian Federation.

6.3. The CONTRACTOR shall be entitled to bring an action applying for damages caused by the USER, if the USER:

a) has violated the procedure for operation of the user (customer premise) equipment and (or) user terminal;

b) has violated the prohibition to connect the user (customer premise) equipment not complying with the established requirements;

c) has committed actions resulting in failure of communications means and the EVAPHONE System communications network.

6.6. The Parties shall be released from liability for failure to perform or improper performance of their obligations hereunder, if they prove that such failure or improper performance were caused by force majeure circumstances of by default of the other party.

7. Limited liability terms

The CONTRACTOR shall not be kept liable for:

7.1. eventual incompliance of the obtained EVAPHONE System operation results with the USER's expectations;

7.2. any direct or indirect damage or lost profit, even resulted from use or failure to use the EVAPHONE System;

7.3. any damage of the USER's equipment or software resulted from operation of the EVAPHONE System;

7.4. impossibility of operation of the EVAPHONE System for any reason;

7.5. contents of exchanged information in operation of the EVAPHONE System;

7.6. advertising materials placed at sites [ www.evaphone.ru] and [www.evaphone.com], and quality of the advertised goods, operations and services.

7.7. the USER uses for VoIP-in the EVAPHONE System the communications channels provided by the third parties, the CONTRACTOR shall not be kept liable for quality of services provided by third parties, nor for delays and failures in operation caused whether directly or indirectly by the circumstances beyond their reasonable control.

8. Information provided in the course of the Services use

8.1. Responsibility for the Content accessed by the USER as part of or through the use of EVAPHONE System Services shall be borne by the person that has provided the Content.

8.2. The Content provided to the USER as part of the Services may be the object of the reserved intellectual property rights held by sponsors or advertisers who place such Content in EVAPHONE (or other persons or companies acting for and on behalf thereof).

8.3. The CONTRACTOR has reserved the right (but not obliged) to preliminarily examine, review, mark, select, change, suppress or remove in full or in part the Content from any Service.

8.4. In using the Services the USER may receive the Content which may be considered to contain offensive, disgraceful or obscene information.

8.5. The USER shall bear responsibility for any Content which they create, transfer or show on the screen in the course of using the Services, and for consequences of all such actions involving use of the Content (including any loss or damage sustained by the CONTRACTOR).

8.6. The USER agrees not to use the EVAPHONE System for:

a. loading, sending, transfer or any other way of publishing materials being illegal, harmful, threatening, morally abusive, defamatory; copyright breaching, stirring up hatred and/or promoting racial, ethnic, sex or social discrimination.

b. violation of rights of minors and/or causing harm thereto in any manner;

c. minority rights impairment;

d. pretending without sufficient powers to be another person or representative of an organization and/or community, such as employees of the EVAPHONE System, moderators, owners of the EVAPHONE System, and misleading about the features and specifications of any subjects or objects;

e. loading, sending, transfer or any other way of publishing materials that the USER is not allowed to put into the public domain either by law or any contract relationships;

f. loading, sending, transfer or any other way of publishing materials adversely affecting any patent, trademark, trade secret, copyright or any other proprietary rights and/or copyright and related rights of a third party;

g. loading, sending, transfer or any other way of publishing of unsolicited advertising information, spam, pyramid plans, luck promising letters (the CONTRACTOR uses the resources of the EVAPHONE System Web interface for promotion. The USER agrees NOT to mail to more than ten addresses unsolicited and/or unexpected advertising, such as spam, nor repeatedly send letters to the same person. Messages sent by EVAPHONE to the USERS containing organizational and technical information on the EVAPHONE System are to considered to be spam;

h. loading, sending, transfer or any other way of publishing materials containing viruses or other computer codes, files or programs intended for breaching, destruction or restriction of operability of any computer or telecommunications hardware or software or unauthorized access; serial numbers to commercial software products and programs for generation thereof, logins, passwords and other means for getting unauthorized access to pay resources in the Internet, and placements references to the above information;

i. willful or occasional violation of the applicable local, national or international laws;

j. collection and storage of other users personal data;

k. violation of normal EVAPHONE System operation by using pop-up windows.

9. Password and record preservation

9.1. The CONTRACTOR shall be responsible for preservation of confidential passwords related to any record used by the USER for getting access to the Services.

9.2. The USER shall be kept liable to the CONTRACTOR for any actions made through using their record.

9.3. If the USER become aware of any unauthorized use of their password or record, the USER agrees to give an immediate notice to the CONTRACTOR at support@evaphone.com.

10. Correspondence privacy and confidentiality clause

10.1. For use of the EVAPHONE System, the USER information and private correspondence will be kept confidential, unless otherwise specified in the law of the Russian Federation.

10.2. The CONTRACTOR shall guarantee that no user personal or identification information:

a. will be used for advertising purposes without prior consent of the USER;

b. will be disclosed to the third parties without prior consent of the USER, unless otherwise specified in the law of the Russian Federation

10.3. The CONTRACTOR shall make any and all efforts to protect the USER information from destruction, distortion or disclosure.

10.4. The USER shall be entitled to disclose their own personal data by any legal means. the CONTRACTOR shall not be kept liable for actions of the third parties who have got access to the USER information as a result of such disclosure or have got an unauthorized access to the safeguarded information on the USER.

11. The CONTRACTOR's proprietary rights

11.1. The CONTRACTOR shall hold any proprietary and non-proprietary with respect to the Services. The USER acknowledges and agrees that the EVAPHONE System and all rights to necessary programs are reserved under copyright, trademarks, patents, intellectual property laws and other relevant legal acts of the Russian Federation and international law.

11.2. Unless otherwise agreed upon with the CONTRACTOR in writing, nothing herein shall be deemed as providing to the USER the right to use any trade names trademarks, service marks, logos, domain names, brands or other identification marks of the EVAPHONE System.

11.3. The CONTRACTOR shall not acquire any proprietary or non- proprietary rights from the USER with respect to any Contents which the USER has placed, sent, transferred or shown on the screen, in the Services or through the use of the Services, including intellectual property rights available with respect to such Contents.

11.4. The USER agrees not to remove, make invisible nor otherwise alter any marks indicating the rights (including copyright or trademark) that may be present or contained on/in the Services.

12. Applicable law and jurisdiction

This document shall be governed and interpreted with due regard to the applicable law of the Russian Federation. Any legal proceedings related hereto shall be subject to the jurisdiction of the Russian Federation.

13. Force majeure circumstances

In the event of failure in operation of the EVAPHONE System products caused by force majeure circumstances, the CONTRACTOR shall not be kept liable to the USER for failure to perform their obligations hereunder. Force majeure circumstances shall include any event beyond control of the CONTRACTOR. If force majeure circumstances occur, the CONTRACTOR shall immediately give a reasonable notice to the USER on a presumable delay or duration of interruption in performance of their obligations to the USER. The CONTRACTOR shall not be kept liable for any consequences of force majeure circumstances

14. Language

The original version of this Agreement made in the Russian language may be translated in any other language. In the event of discrepancy or conflict between the Russian and the translated version, the Russian text shall prevail.

15. Innovations in the law of the Russian Federation

In the event of enactment by the authorities of the Russian Federation of statutory acts fully or partially affecting operation of the EVAPHONE System, the CONTRACTOR shall reserve the right to any alteration in operation of the EVAPHONE System seeking to put the latter in compliance with new regulations.

16. Partial invalidity

If any term or statement hereof is recognized to be invalid, impossible or unenforceable, yet the remaining statements of these Service Terms and Provisions shall be deemed fully binding.

If the law of your residence country prohibits you from using our products because you are under the age or because our products are banned in your country, please refrain from using our products.

WebVoice LLC.

The post address: 195027, Saint-Petersburg, Piskarevskiy 2

E-mail: info@evaphone.com

Information service and operator's system unified index:

e-mail: support@evaphone.com

EVAPHONE system: user "Support-Evaphone"

EVAPHONE system forum: user "Support-Evaphone"

WebVoice LLC