Publication date: 11.07.2024
Procedure for executing contracts for the provision of Internet services
Execution of contracts for the provision of Internet services is an important aspect of the legal relationship between providers and consumers. Such an agreement sets out the terms of service, the rights and obligations of the parties, the settlement procedure and other key points that ensure transparency and reliability of the relationship. In this article, we will consider the main aspects of the procedure for executing Internet service agreements in Ukraine, the regulatory framework, mandatory terms of the agreement and the procedure for its conclusion.
Legal and regulatory framework
Several key regulatory acts govern the execution of Internet service agreements in Ukraine:
TheLaw of Ukraine "On Telecommunications":
- Defines the legal framework for telecommunications activities, establishes the rights and obligations of operators, providers and consumers of telecommunications services, as well as the procedure for concluding contracts.
TheLaw of Ukraine "On Protection of Consumer Rights":
- Defines the legal framework for consumer protection, establishes the obligations of service providers to provide complete and accurate information about services, contractual terms and conditions, and the procedure for handling complaints.
Law of Ukraine "On Electronic Commerce":
- Regulates legal relations in the field of e-commerce, including the procedure for concluding electronic contracts, their legal effect and consumer protection mechanisms.
Resolution of the Cabinet of Ministers of Ukraine "On Approval of the Rules for Provision and Receipt of Telecommunication Services":
- Establishes requirements for concluding contracts for the provision of Internet services, defines mandatory contractual terms and conditions and the procedure for resolving disputes between providers and consumers.
Civil Code of Ukraine:
- Establishes the general legal rules governing the conclusion, performance and termination of contracts, including contracts for the provision of Internet services.
Mandatory terms of an internet service agreement
An Internet service agreement must contain a number of mandatory terms and conditions that define the rights and obligations of the parties, the procedure for providing services and other important aspects. These terms include:
Subject matter of the agreement:
- A description of the Internet services to be provided, including the types of services (Internet access, e-mail, hosting, etc.), technical characteristics and quality parameters.
Rights and obligations of the parties:
- Defining the rights and obligations of the provider and the consumer. The provider is obliged to ensure the uninterrupted and high-quality provision of services, timely elimination of technical malfunctions, and protection of the consumer's personal data. The consumer is obliged to pay for services in a timely manner, comply with the rules of using the network and not use the services for illegal activities.
Tariffs and payment procedure:
- Setting of tariffs for services, payment procedure, payment methods (bank transfer, payment systems, etc.), payment terms and conditions for discounts.
Procedure for concluding and terminating the contract:
- Determination of the procedure for concluding the contract (verbally, in writing, electronically), the term of the contract, the terms of its extension and termination (termination at the initiative of one of the parties, by mutual agreement, in case of breach of the contract).
Dispute resolution procedure:
- Establishment of the procedure for resolving disputes between the parties, including the possibility of pre-trial settlement of disputes (mediation, negotiations), recourse to consumer protection authorities and judicial dispute resolution.
Liability of the parties:
- Determination of the parties' liability for non-performance or improper performance of the terms of the contract, including penalties, damages, compensation for non-pecuniary damage.
The procedure for concluding an agreement for the provision of Internet services
An internet services agreement may be concluded in several ways, including in writing, orally and electronically. Let's take a closer look at each of these methods:
Written form:
- The most traditional way of concluding a contract, which involves signing a document by both parties. A written contract provides a high degree of legal protection, as all terms and conditions are recorded on paper and signed by the parties. A written contract is usually concluded at the time of connection to Internet services at the provider's office or at the consumer's address.
Oral form:
- An oral contract may be concluded during a telephone conversation or a personal meeting with a representative of the provider. An oral contract is legally binding, but may cause difficulties in proving the terms of the contract in case of disputes. Therefore, the oral form of the contract is rarely used and is mostly used for short-term services.
Electronic form:
- A modern way of entering into contracts that involves the use of electronic means of communication (e-mail, websites, mobile applications). An electronic contract has the same legal effect as a written contract, provided that it complies with the requirements of the legislation on electronic documents and electronic signatures. An electronic contract is usually concluded through the provider's website by filling out an online form and confirming your agreement to the terms of the contract. Legal marketplace "CONSULTANT" will help you solve any problem! All the necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written advice, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Are you looking for an online lawyer or a lawyer online? Choose CONSULTANT - a lawyer is always at your side!
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