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Agreement on the use of recurring payments

Recurring Payments Agreement

(Regular Automatic Transfers of Funds)

Definitions and Terms

«User Acceptance» – The User’s unconditional agreement to the terms of this Agreement.

«Bank» – A credit institution operating under a special permit (license) and engaged in banking activities in accordance with the legislation of the Russian Federation.

«Issuing Bank» – A credit institution that issues (emits) bank cards in the territory of the Russian Federation in accordance with the legislation of the Russian Federation and under an agreement with the User.

«Acquiring Bank» – A credit institution that performs financial operations related to settlements and payments using the User’s bank card.

«Bank Card» – An electronic payment instrument intended for performing various banking operations.

«Cardholder» – An individual who instructs the Issuing Bank to transfer funds from the User’s bank card on behalf of the User in favor of the Company using the "Recurring Payment" Service.

«Recurring Payment Service» (also referred to as the "Service") – A type of cashless payment where funds are automatically debited from the User’s bank card in accordance with the conditions preset by the User in their account.

«Account» – An isolated environment with a set of "Boomstream" services.

«Website» – The Company’s website located at boomstream.com.

«Account Balance» – The internal balance of the Account measured in "rubles", which is replenished when payments are made in Russian rubles at a one-to-one ratio.

  1. General Provisions

    The Company "HVD LLC" (INN 6161062312, OGRN 616101001, Legal Address: 344092, Rostov Region, Rostov-on-Don, Tvorcheskaya St., 9, Bldg. 1, Prem. H 13) (hereinafter referred to as the "Company") offers any interested parties (hereinafter referred to as "Users") who agree to the terms of this Recurring Payments Agreement (hereinafter referred to as the "Agreement") the opportunity to use the "Recurring Payment" Service and enter into this Agreement.

    1. This Agreement is an addendum to the User Agreement for the Boomstream Service, available on the Company’s Website at https://boomstream.com/terms .
    2. By accepting this Agreement, the User fully acknowledges its contents and agrees to all its terms in their entirety.
  2. Service Description
    1. The "Recurring Payment" Service allows the User to pay for the Boomstream service through regular automatic transfers from the User’s bank card.
    2. After activating the "Recurring Payment" Service, funds will be transferred from the User’s bank card on the date and in the amount preset by the User in their account.
    3. Recurring payments are made without the User’s direct involvement but with their prior consent, on an ongoing basis, via automatic debiting from the bank account in accordance with the rules and conditions of the Issuing Bank and Acquiring Bank, provided sufficient funds are available.
    4. No fee is charged for using the "Recurring Payment" Service, including its activation/deactivation.
  3. Service Activation and Operation
    1. The "Recurring Payment" Service is activated by navigating to the "Auto-Top-Up" section in the Boomstream account and agreeing to the terms of this Agreement by checking a box before making the initial payment.
    2. After confirming acceptance of this Agreement, the User enters their bank card details in the payment form on the Website to make an initial payment of 1 ruble. The "Recurring Payment" Service is activated only for the bank card registered by the User. The payment is authenticated via the 3D-Secure protocol. The 1 ruble payment is debited from the User’s bank card and credited to their Boomstream account balance.
    3. After a successful initial payment, the User configures the conditions for recurring payments:
      1. Selecting a day of the month (1–28) and payment amount. Subsequently, on the selected day, the Company will process the recurring payment for the specified amount and top up the User’s account balance upon success.
      2. Setting a threshold account balance and payment amount. When the threshold is reached, the recurring payment is processed for the specified amount, and the User’s account balance is replenished upon success.
    4. The frequency of automatic debits depends on the conditions selected by the User.
    5. If the User selects monthly auto-top-up, 3 days before the debit date, the User will receive an email reminder (sent to the email linked to their account) with the upcoming debit date, amount, and a link to modify or cancel the payment.
    6. If the Company cannot process the payment per the recurring payment settings, the Company will notify the User via email. The Company will then retry the payment after 1 day and, if unsuccessful, after 3 days from the initial attempt.
    7. If all three payment attempts fail, the Company disables the auto-top-up condition. The bank card remains linked to the service.
    8. If the User selects threshold-based recurring payments, the payment is processed immediately when the condition is met. If the payment fails, the procedure described in clauses 3.6–3.8 applies.
    9. After each successful payment, the Company sends an email notification to the registered account, including: - Payment amount - Payment gateway used - Transaction ID - Online receipt - Reminder of the next debit - Link to modify/cancel the payment
    10. All payments under this Agreement are processed in Russian rubles (RUB).
    11. The Company does not store or process the User’s bank details, only forwarding requests to the Bank for recurring transactions.
    12. The Company does not guarantee the success of bank card transactions, as this depends on the respective Bank.
    13. The User guarantees that they are the rightful cardholder and enters all required card details correctly during activation.
    14. The Company does not verify card ownership and is not liable for payments made with unauthorized cards.
  4. Service Deactivation and Refunds
    1. The User may deactivate the "Recurring Payment" Service at any time.
    2. The Service is deactivated automatically if the User:
      1. Emails a termination request to support@boomstream.com .
      2. Removes linked cards in the Auto-Top-Up section https://panel.boomstream.com/finance/autopay.html .
      3. Deletes their Boomstream account.
    3. Termination requests are processed within 1 business day.
    4. The User may request a refund (minus actual service usage costs) by submitting a refund request to https://panel.boomstream.com/tickets.html
    5. Refund requests are processed within 3 business days, after which the User is notified of the refund.
  5. Rights and Obligations
    1. The Company may deny Service activation for future payments.
    2. The Company is not liable for Service unavailability due to external factors or force majeure. Alternative payment methods remain available.
    3. The User must ensure sufficient funds and monitor card expiration/replacement.
    4. If automatic debits fail, the User must pay manually via other methods.
    5. The Company may unilaterally amend this Agreement, notifying Users 10 days in advance via the Website. Continued Service use implies acceptance of changes.
  6. Miscellaneous
    1. This Agreement, available at https://boomstream.com/recurrentterms , constitutes a public offer under Russian law.
    2. Either party may terminate the Agreement. The Company will notify Users via the Website or email.
    3. Users may terminate by:
      1. Emailing support@boomstream.com
      2. Removing linked cards.
      3. Deleting their account.
    4. Acceptance of this offer requires:
      1. Checking the agreement box.
      2. Completing the 1 ruble initial payment.
    5. Invalid clauses do not void the entire Agreement.
    6. Liability is capped at 5,000 RUB (per Russian Civil Code, Art. 15).
  7. Dispute Resolution and Governing Law
    1. This Agreement is governed by Russian law.
    2. Disputes are first resolved via negotiations. Claims must be emailed to support@boomstream.com and sent via registered mail.
    3. Claims must include: - The issue - Supporting evidence - User details
    4. Responses are required within 15 business days.
    5. Unresolved disputes are settled in Rostov-on-Don Arbitration Court or the Company’s local court.
  8. Contact Information

    «HVD LLC»
    INN 6161062312
    OGRN 616101001
    Legal Address: 344092, Rostov Region, Rostov-on-Don, Tvorcheskaya St., 9, Bldg. 1, Prem. H 13