SMS BY LLC POLICY ON AGE OF FUNDS

1. GENERAL PROVISIONS

1.1. This Policy defines the procedure for the return of funds paid for the services of SMS By LLC in accordance with the public agreement for the provision of services (hereinafter referred to as the Agreement), posted on the official website of SMS By LLC on the Global Computer Network Internet at: www.sms.by (hereinafter referred to as the Site) and not spent from the Electronic Virtual Account of the End User.

1.2. The balance of funds on the Electronic Virtual Account is subject to refund in cases where the End User has not violated the terms of the public service agreement and/or the Anti-Spam Policy during the period of using the SMSPlatform software.

2. TERMS AND DEFINITIONS

2.1. Software or SW - the program of SMS Bay LLC for electronic computers (ECM) 'SMSPlatform', presented in objective form as a set of data and commands intended for the operation of the computer and other computer devices in order to obtain a certain result, including the audiovisual displays generated by it, the documentation accompanying it, as well as its updates installed on the servers and in the network of the Contractor, access to which is carried out using the Internet site located at https://www.sms.by, with the help of which the End User can carry out Electronic mailings, as well as use other functional capabilities of the software provided by it.

2.2. End User - a legally capable individual who has reached the age of majority or a legal entity who is a party to the Agreement, who receives the right to use the Software for sending Electronic Mailings to their Subscribers, as well as to use other functional capabilities of the Software provided by it, and who has accepted the Agreement by paying for the right to use the Software.

2.3. Electronic virtual account - a software application in the Contractor's software for automatic recording of receipt and expenditure of funds in the Personal Account of the End User.

3. RETURN PROCEDURE

3.1. To return funds, the End User shall submit an Application for a refund of funds (hereinafter referred to as the Application).

3.2. The application must contain: the name of the organization or full name (if the End User is an individual), return address, sender's name in the personal account, confirmation of payment, detailed description of the reasons for the return.

3.3. SMS Bay LLC, after receiving the Application, shall review the received Application within 10 (ten) calendar days, including checking its completeness, accuracy and sufficiency of information.

3.4. The following are not subject to return: 3.4.1. bonus funds accrued under promotions;
3.4.2. funds paid by current End Users in the current month for tariffs, including payment of a subscription fee, for the month following the reporting month, if the End User has not submitted an application in accordance with paragraph 3.2 of this Policy before the 25th (twenty-fifth) day of the current month;
3.4.3. funds paid for the first time by new clients for tariffs that include payment of a subscription fee in connection with the opening of the channel;
3.4.4. not spent on the Virtual personal account by the End User, if the End User has not used the personal account in the Software for 6 (six) months.

3.5. SMS Bay LLC reserves the right not to refund funds if the account is suspended or the personal account of the service is blocked due to complaints about spam or abuse of mass mailings. Accounts with a high percentage of complaints are suspended or blocked without the right to a refund.

3.6. Refunds are made in the same way as payment was made.

3.7. When processing a return, a service fee or bank/payment system commission for the return of funds may be withheld, which are deducted from the amount subject to return.

4. ADDITIONAL PROVISIONS

4.1. This Policy is published in the public domain on the Website of SMS By LLC and is valid from the moment of its approval until the moment of approval of a new Policy or termination of the Company's activities.

4.2. SMS Bay LLC has the right, at its own discretion, to unilaterally change and/or supplement the terms of this Policy without prior notice to the End User by posting a new version of the Policy on the Website.