PUBLIC AGREEMENT
on the provision of electronic communication services for Internet access / DOMONET
This agreement is an official offer (public offer) of LLC "IT INNOVATIONS 2020", the Provider, registered in the Register of Providers of Electronic Communication Networks and/or Services (registration date: August 8, 2022, No. 1483), addressed to any individual in accordance with Article 633 of the Civil Code of Ukraine, to enter into an agreement on the provision of electronic communication services for Internet access / DOMONET. This agreement is concluded by obtaining the Customer's consent to accede to the proposed Agreement as a whole, through an active conclusive act of the Customer on the Provider's website, which constitutes acceptance of all essential terms of the Agreement, without requiring a signed physical copy of the agreement by the Parties.
1. Terms and Definitions
- 1.1. Agreement — a transaction concluded between the end user and the Service Provider, under which the Provider undertakes to provide electronic communication services for Internet access / DOMONET upon request of the end user, as confirmed by an active conclusive act on the Provider's website, and the end user undertakes to pay for them.
- 1.1.1. Conclusive act of the end user (hereinafter — conclusive act) — an active action of the end user confirming their intent to conclude an agreement or order a service, as recorded by the Service Provider's equipment.
- 1.2. Acceptance — full and unconditional acceptance by the Subscriber of the terms of the Public Offer by filling out and submitting an application (questionnaire) for network connection on the Provider's website. The payment of funds by the Subscriber for the Service is also recognized as Acceptance.
- 1.3. Subscriber — an end user (an individual and/or legal entity) who receives electronic communication services under the terms of the agreement set out in the public offer, concluded with the Provider by performing conclusive acts of acceptance of the offer on the Provider's website.
- 1.4. Content — audiovisual works (movies, series, animated works, etc.) stored on or made available through the Partner's server.
- 1.5. Partner (Content Partner) — Limited Liability Company "Omega TV", operating as LLC "Omega TV", in whose interests, with whose help, and at whose expense a set of organizational, technical, and legal measures is carried out to aggregate Rights Holders' content (both linear and non-linear) to provide access to it for Subscribers.
- 1.6. Service — provision of technical capability to access the Internet / DOMONET, provided by the Provider to the Subscriber (hereinafter — Service).
- 1.7. Additional Service — access to view Content. The service is provided as a unified service alongside the Service and is governed by the Additional Service Provision Agreement and this Public Agreement. The Service is provided to Subscribers for personal non-commercial use only. Provision of the Service is possible exclusively with an Internet connection and subscriber equipment (in particular, STB, Smart TV with the installed software application) (hereinafter — Service).
- 1.8. Service Activation — the bringing of the software application on the equipment into a operational state by the Provider that grants the Subscriber access to the Service.
- 1.9. Software Application — software designed to enable the Subscriber to receive the Service on the Subscriber's equipment without using additional video or audio signal delivery protocols. The list of software applications and technical requirements to access the Service are determined by the Provider and the Partner.
- 1.10. Internet — a worldwide public information system logically linked by a global address space based on the Internet Protocol as defined by international standards.
- 1.11. DOMONET — a metropolitan data network connecting several local area networks (LAN) into a single citywide network (MAN) and serving as part of the global information network. Simultaneously, DOMONET is a trademark for goods and services.
- 1.12. Technical Capability to Receive the Service — location of the Subscriber within the Service coverage area and the use of the Subscriber's configured equipment and software to access the Service. Configuration of the Subscriber's software and equipment is performed by the Subscriber independently.
- 1.13. Connection to the Internet / DOMONET — a set of Provider actions consisting of laying a network cable from the Provider's equipment to the Subscriber's premises, providing the Subscriber with up to 20 meters of network cable for self-installation inside the Subscriber's premises, and providing the Subscriber with one port on the Provider's equipment.
- 1.14. Subscriber Equipment — an electronic device (computer, laptop, etc.) with a built-in Ethernet network interface or an expansion module for installing a network interface.
- 1.15. Service Coverage Area — the geographical area of the Provider's telecommunications network.
- 1.16. Session — an instance of continuous usage of the Service.
- 1.17. Provider's Website — the Provider's web server containing all necessary information for using the Service. The Provider's Website is hosted and accessible on the Internet at: http://domonet.ua/.
- 1.18. Personal Account (Cabinet) — a web page on the Provider's Website containing statistical information about Services, current balance of the Subscriber's Personal Account, and other information. Access to the Personal Account is performed via the Subscriber's equipment within the Service coverage area at: https://my.domonet.ua/.
- 1.19. Personal Account (Billing) — an account in the Provider's billing system where the Subscriber's advance payments and debited amounts for provided Services are recorded. The Personal Account has a unique identifier.
- 1.20. Minimum Data Transfer Speed — the available data transfer rate for inbound and outbound traffic, which can be up to 10% of the speed specified in the Agreement.
- 1.21. Static IP Address — a permanently assigned device address in a computer network. This type of address means that it does not change over time and always identifies the same device to which it was originally assigned.
- 1.22. Dynamic IP Address — a device identifier in the electronic communication service Provider's computer network, dynamically allocated to the device via DHCP (Dynamic Host Configuration Protocol).
- 1.23. Customer — an individual and/or legal entity wishing to join this Agreement by performing conclusive actions (offer acceptance) on the Provider's website and/or by paying the cost of services, who orders, receives, and undertakes to pay for electronic communication services for Internet access / DOMONET under the terms of this Agreement.
2. Subject Matter
- 2.1. The Provider undertakes to provide electronic communication services for Internet access / DOMONET upon request of the Subscriber, as confirmed by an active conclusive act on the Provider's website, and the Subscriber undertakes to pay for them.
- 2.1.1. Services include the option to connect an Additional Service for an additional fee online under the terms of a public accession agreement in accordance with applicable Ukrainian legislation, by performing additional conclusive actions to order them.
- 2.1.2. The list of available Content is specified on the Provider's Website. Access to view Content offered to the Subscriber by the Provider is provided through Content Partner LLC "Omega TV".
- 2.2. To fulfill its obligations to the Subscriber under this Agreement, the Provider has the right to involve third parties acting on behalf of the Provider using its resources, strictly within Ukrainian telecommunication law and registered in the NCREC register of Electronic Communication Service Providers, while remaining responsible to the Subscriber for the quality of the provided Service. Payment by the Subscriber to a third party involved by the Provider under this Agreement constitutes proper performance of the Subscriber's obligation to the Provider.
3. General Provisions
- 3.1. This public offer is addressed to all individuals and/or legal entities wishing to use the Service and possessing the technical capability to receive the Service.
- 3.2. The validity period of the public offer terms is limited. From the date a zero or negative balance is reached on the Subscriber's Personal Account, provision of services is suspended for the entire duration of such balance. If the Subscriber does not restore a positive balance within three months from the date of suspension, the Provider reserves the right to terminate service provision and unilaterally rescind the Agreement. In the event of service suspension due to the Subscriber's fault, subscription fees continue to accrue until Agreement termination. Subsequent receipt of Services under this public offer by such Subscriber is possible only after settling existing debt.
- 3.3. Within 55 days from the date of a negative balance, the Provider reserves the right to physically disconnect the Subscriber's equipment. In such case, if the Subscriber wishes to resume receiving Services after replenishing the Personal Account, Service provision will be restored through equipment reconnection.
- 3.4. All amendments and supplements to the public offer are published on the Provider's Website as specified in clause 8.9 of the offer.
- 3.5. All terms of the public offer are binding on both the Subscriber and the Provider. Prior to using the Service, the Subscriber is obliged to read the terms of the public offer, complete a connection application on the Provider's Website, and verify the technical capability for connection to the Internet / DOMONET.
4. Conclusion and Term of the Agreement
- 4.1. The Agreement on the provision of Internet access / DOMONET Services is concluded by the Subscriber's acceptance of this public offer, containing all essential terms of the Agreement and all subsequent amendments according to clause 4.2 of the Agreement, as well as through corresponding registration and agreement approval on the Provider's website or by signing a written application to join the Agreement.
- 4.2. In accordance with Article 642 of the Civil Code of Ukraine, full and unconditional acceptance of this public offer is constituted by the Subscriber paying or transferring a monetary sum for the Service using payment system instruments (credit cards, WebMoney, etc.) or by actual receipt of the Provider's Services by the Subscriber.
- 4.2.1. After verifying connection availability, the Subscriber may accept this public offer.
- 4.3. The date of offer acceptance specified in clause 4.2 is considered the Agreement conclusion date. An agreement concluded via acceptance of a public offer carries legal force under Article 642 of the Civil Code of Ukraine and is equivalent to an agreement signed by both parties.
- 4.4. If the public offer is accepted without verifying connection capability or where such capability is absent, the Agreement is deemed not concluded, and the Provider refunds pre-paid Subscriber funds according to procedure established by applicable law.
- 4.5. The Agreement is effective from the date of acceptance under clause 4.2 throughout the period a positive balance is maintained on the Subscriber's Personal Account, and for three months following a zero or negative balance (during service suspension), about which the Provider notifies the Subscriber.
5. Service Provision Procedure
- 5.1. The Service under this public offer does not include configuration or diagnostics of the Subscriber's equipment or software, ongoing maintenance, equipment setup, or sale of additional equipment to the Subscriber.
- 5.2. After acceptance of this offer via fund transfer, the Provider organizes connection to the Internet access / DOMONET Service through its contractor within fifteen business days.
- 5.2.1. In case of limited technical capability to provide fixed network access, the Provider concludes service agreements and provides services according to priority determined by application submission date.
- 5.2.2. To receive the Service, the Subscriber must have equipment with a built-in Ethernet network interface. If absent, the Subscriber must independently acquire and install it into an expansion module, if available.
- 5.2.3. Upon connection, the cable is extended to the Subscriber's premises/apartment at the address specified in the application submitted on the Provider's website.
- 5.2.4. The Provider's boundary of responsibility during connection is the physical perimeter of the Subscriber's premises/apartment specified in the connection application.
- 5.3. To establish an Internet connection, the Subscriber must connect their equipment to the Provider's network equipment. The Subscriber's equipment automatically receives network credentials to access the Provider's network.
- 5.4. Upon establishing connection, the Provider's Website and selected other websites will be accessible for browsing, with a full list hosted on the Provider's Website.
- 5.5. To receive the Service, the Subscriber must register on the Provider's Website. Upon registration confirmation, appropriate notification is issued.
6. Additional Service
- 6.1. To order the Service, a Subscriber receiving the Provider's core Service activates the Additional Service in the Personal Account.
- 6.2. The Subscriber is entitled to receive the Service provided that:
- 6.2.1. They have Internet access;
- 6.2.2. They submitted an Application to the Provider as specified in this Agreement;
- 6.2.3. They possess equipment with the installed Software Application;
- 6.2.4. They have no outstanding debt for core Services provided by the Provider;
- 6.2.5. Service usage accounting begins on the Service Activation date in the Personal Account.
7. Rights and Obligations of the Subscriber
- 7.1. The Subscriber undertakes to independently configure equipment for Service usage and maintain configuration such that network parameters remain dynamic (via DHCP protocol), including when connecting a static IP address provided by the Provider's server bound to the MAC address of the Subscriber's equipment.
- 7.2. The Subscriber undertakes to use only certified equipment for network connection in accordance with Ukrainian legislation.
- 7.3. The Subscriber undertakes to respect the rights and interests of the Provider, Partner, and other Subscribers during Service usage.
- 7.3.1. The Subscriber undertakes to refrain from actions that could compromise operational security, integrity, interoperability, or information security of electronic communication networks, electromagnetic compatibility of radio equipment, or hinder service delivery to other end users.
- 7.4. The Subscriber undertakes to regularly monitor updates to service provision rules and check their balance via the Personal Account.
- 7.5. The Subscriber undertakes to maintain Equipment with the installed Software Application specified on the Provider's Website.
- 7.5.1. The Subscriber undertakes to provide access to premises if necessary for equipment connection and emergency repairs upon end user request;
- 7.6. The Subscriber undertakes to make timely payments for the Service.
- 7.7. During Service usage, the Subscriber is prohibited from:
- 7.7.1. Using the Service for commercial purposes by reselling it to third parties.
- 7.7.2. Transmitting or hosting software or information containing viruses or harmful components.
- 7.7.3. Sending unsolicited commercial, promotional, or campaigning bulk messages (spam).
- 7.7.4. Transmitting, publishing, reproducing, or distributing copyrighted materials without rights holder consent.
- 7.7.5. Distributing promotional or informational materials to other users without their explicit consent.
- 7.7.6. Transmitting information whose distribution, use, or possession violates Ukrainian or international law.
- 7.7.7. Distributing content that degrades human dignity, promotes violence, extremism, or incites racial, national, or religious hatred, or serves fraudulent or hooligan purposes.
- 7.7.8. Falsifying IP addresses, network protocol headers, or routing information.
- 7.7.9. Using non-existent return addresses when sending emails, except where network resources explicitly allow anonymity.
- 7.7.10. Attempting to alter Provider equipment or software settings or causing operational disruptions.
- 7.7.11. Attempting unauthorized access to network resources, user equipment, or participating in network attacks.
- 7.8. The Subscriber is entitled to free, comprehensive information regarding content, quality, pricing, and procedures of services, as well as balance checking via the Personal Account.
- 7.9. The Subscriber has the right to suspend service delivery without subscription fee accruals for up to 75 calendar days total per year, provided any minimum tariff term has expired and the account balance is positive.
- 7.10. The Subscriber holds other rights guaranteed by Ukrainian legislation.
- 7.11. The Subscriber has the right to receive services anonymously in accordance with service provision rules and terms set by the electronic communication provider.
- 7.12. The Subscriber has the right to undergo identification according to regulatory rules, including remote identification using medium or high trust level electronic identification means under electronic trust laws.
8. Rights and Obligations of the Provider
- 8.1. The Provider undertakes to supply Services from the Agreement date provided a positive balance remains on the Personal Account.
- 8.2. The Provider provides a dynamic IP address throughout service delivery. Subject to technical capability, written request, and advance payment, the Provider assigns a static IP address subject to clause 8.1. Confirmation is reflected in the Subscriber's Personal Account.
- 8.3. The Provider routes the Subscriber's Internet traffic. Transmission speed is not guaranteed and depends on network load and resource availability, but cannot fall below the minimum data transfer speed.
- 8.3.1. Upon mutual agreement or if specified in published tariff plans, the Provider grants additional services, ports, and technical equipment allowing independent access to global network resources.
- 8.3.2. If connected to Provider equipment (network switch) lacking backup power, the Subscriber may pay for backup power installation for that equipment.
- 8.3.3. Payment for backup power equipment installed near the Provider's switch is made by transferring funds to the Provider's account.
- 8.3.4. Upon paying the agreed sum, the Subscriber acquires ownership of the backup power equipment (battery) and assumes all operational and failure risks.
- 8.3.5. If backup power or Provider services are no longer needed, the Subscriber may retrieve the backup equipment after notifying the Provider.
- 8.4. The Provider undertakes to supply real-time electronic access to account balance statistics via the Subscriber's Personal Account page.
- 8.5. The Provider undertakes to publish current service information on its Website (coverage areas, terms, tariffs, partner services, available Content, guides, news, and notifications regarding offer or tariff changes).
- 8.6. The Provider undertakes to implement standard technical and organizational measures to ensure confidentiality of transmitted data. Third-party access is provided strictly under Ukrainian law.
- 8.7. The Provider undertakes to ensure confidentiality of Subscriber account credentials.
- 8.8. The Provider undertakes to ensure network service quality meeting current regulatory requirements.
- 8.9. The Provider reserves the right to unilaterally modify this public offer, adjust tariffs, or update technical network credentials (IPs, subnets, gateways, server names, credentials) with at least 7 days' advance notice via the Website or email. Both parties recognize the legal force of such notices.
- 8.9.1. The Provider is obliged to inform Subscribers free of charge about tariff changes at least 20 calendar days prior to implementation.
- 8.10. The Provider has the right to forcibly terminate access in case of clause 7.7 violations or official law enforcement notices regarding unlawful network use.
- 8.11. The Provider may conduct scheduled maintenance or emergency repairs with full or partial service restriction, notifying Subscribers via website announcements regarding date, time, and duration. Maintenance occurs during low-load hours and shall not exceed 24 hours per calendar month. Maintenance time is not considered a service outage and remains billable.
- 8.12. The Provider has the right to disconnect a static IP address if unpaid for over 55 days or if manually suspended by the Subscriber for over 55 days.
- 8.13. Upon expiration of the 55-day suspension without account activation or payment, the static IP address is released and cannot be reassigned to the same Subscriber in the future.
- 8.14. Obtaining a new static IP address is governed by clause 8.2.
- 8.15. Under international practice, the Provider reserves the right to implement traffic filtering or block access to specific resources, networks, or servers in Ukraine or abroad without notice if resource practices violate laws or standard network norms. Restrictions apply solely to addressing/reachability and do not breach data confidentiality.
- 8.16. The Provider has the right, under applicable law, to monitor transmitted information and disclose data required by authorized state bodies, or to ensure normal service operations and protect rights, provided constitutional rights are observed.
- 8.17. Terms allow changing the Provider entity without prior notice under Art. 516 (1) of the Civil Code of Ukraine, with all other offer terms remaining unchanged without affecting service price, quantity, or quality.
- 8.18. The Provider undertakes to publish and supply current quality metrics via website, Personal Account, SMS, email, or other available channels.
- 8.19. The Provider delivers services according to established quality indicators, subject to updates under legislative changes.
- 8.20. For planned maintenance affecting availability or quality, the Provider notifies Subscribers at least 3 calendar days prior via SMS, email, or Personal Account message.
- 8.21. The Provider implements technical and organizational measures to ensure access to information and services for persons with disabilities.
- 8.22. The Provider ensures access to information regarding service terms, modification procedures, rights, obligations, and complaint resolution under Ukrainian law.
- 8.23. The Provider supplies comprehensive free service information, including:
- Contract and service changes at least 7 calendar days prior;
- Universal service tariff changes at least 20 calendar days prior.
- 8.24. The Provider may temporarily restrict network access during emergencies, martial law, or maintenance. Subscribers will be notified no later than the next business day, alongside notices regarding potential quality degradation caused by emergency or martial law conditions.
9. Rights and Obligations of the Partner
- 9.1. The Partner undertakes to grant the Provider access to Content selected by the Subscriber;
- 9.2. The Partner undertakes not to interfere with the Provider's business operations;
- 9.3. The Partner has the right to modify the composition or list of Content included in the Service;
- 9.4. The Partner has the right to temporarily suspend Content delivery for maintenance (including on the Provider's network) for up to 24 hours per month;
- 9.4.1. The Partner has the right to temporarily restrict network access and services during state emergencies or martial law under Ukrainian law, or during network maintenance. Subscribers will be informed no later than the following business day.
- 9.5. The Partner has the right to fully terminate Service provision through the Provider if:
- 9.5.1. The Subscriber violates clauses 7.1–7.6 of this Agreement;
- 9.5.2. Grounds exist under this Agreement or applicable law;
- 9.5.3. Subscriber actions threaten normal Service operation;
- 9.5.4. The Subscriber revokes written consent for personal data processing;
- 9.5.5. Licenses, permits, or agreements necessary for Service operation expire.
10. Payment Terms
- 10.1. Access to the Service is provided on a prepaid basis equal to 100% of the monthly subscription fee for the full calendar month, due by the last day of the month preceding the service month, provided the account balance is positive.
- 10.2. The Subscriber agrees that the Provider monitors account balance state using automated technical systems.
- 10.3. Payment for Services is processed according to current Provider tariffs by debiting the Subscriber's Personal Account. Unused partial-month fees are non-refundable. Upon service cancellation/disconnection, remaining account balances are non-refundable.
- 10.4. Provider tariffs include mandatory taxes and fees applicable in Ukraine.
- 10.5. Tariff rules are determined independently by the Provider.
- 10.6. Services are billed according to tariffs published on the Provider's Website at the time of provision. Receipt of Services signifies full knowledge and acceptance of tariffs.
- 10.7. Maximum single session duration is set by the Provider. Exceeding this limit results in forced session termination.
11. Termination of Service Access
- 11.1. From the moment a zero or negative balance occurs on the Personal Account, the Subscriber