ÌÒS Connect 3G Contract and Service Terms and Conditions

   Terms of usage of MTS Connect 3G service in .pdf format

   Agreement on providing wireless access to the Internet

I. GENERAL PROVISIONS

• Subscriber means a legal entity or an individual who has entered into a Service Contract/Agreement with the Operator.
• Subscriber’s fee/monthly package fee means a fixed sum payment composed of an advance payment for traffic as the Operator may set for the Subscriber for permanent access to its telecommunication network regardless of the fact of service consumption.
• Advance payment means Subscriber’s advance monetary contribution to his/her Personal Account. It is payable as a prepayment for the future month or if the account balance has been used up.
• Contract/Agreement means an agreement between the Operator and the Subscriber as regards the rights, obligations and liability of the Operator and the Subscriber or the User as regards the grounds, conditions and procedure of provision, consumption and payment for the services.
• Additional Agreement means an agreement between the Parties as regards additional rights, obligations and liability of the parties regarding the scope of services, effective period of the Contract/Agreement, which contains terms and conditions to add to those prescribed by a Contract/Agreement and/or the Conditions of Use.
• Value-Added Services mean services or works that may be rendered to the Subscriber besides the Service according to applicable Tariffs.
• Coverage Area means the territory where the telecommunications network is located within the scope of which the Operator may provide the Service.
• Foreign roaming partner means any legal entity that offers and provides services in any other country and with whom the Operator has made a relevant international roaming contract.
• End User Equipment means the equipment designed for connection with an end point of telecommunications network to ensure access to the Services and proved by a duly issued certificate of compliance and capable to maintain communication sessions and freely move within the area covered by the Operator’s network.
• User means a person using the Service free of a written Contract/Agreement. Besides these Conditions of Use, other conditions of provision of the Service to Users are regulated by additional reference books and the Service user manuals.
• Network User Identifier (Network ID) means an individual set of numbers and/or characters assigned to end-user equipment and/or a consumer in the Internet (RUIM card number).
• Operator means PrJSC “MTS Ukraines” under MTS trademark, a legal entity designed in accordance with applicable legislation of Ukraine.
• Subscriber’s Personal Account means an account which the Operator opens for the Subscriber and which is used for quantitative and monetary accounting of all the services being provided to the Subscriber as well as payments the Subscriber makes.
• The Service means wireless Internet service provided by the Operator.
• Start of the Service provision and effective date of the Additional Agreement means provision of the Service upon payment of the Operator’s bills by the Subscriber, the funds receipt on the Operator’s account and checking of the documents presented by the Subscriber.
• Suspension of service provision under the Contract/Agreementmeans temporary restriction of the scope of the Service initiated by the Operator or upon the Subscriber’s application.
• Termination of a Contract/Agreement means final cancellation of the Service provision through termination of a Contract/Agreement on the grounds specified in these Conditions of Use and the Contract/Agreement.
• The Parties mean the Operator and the Subscriber or the User.
• Tariff plan means the combination of parameters of the Internet Service setting the Service price according to the tariffs, traffic volume, provision conditions, the Service billing procedure.
• Maintenance means maintenance of telecommunication networks.
• Traffic means volume of information/data sent and received using the Service via the end user equipment at the time of the Service consumption.
• Conclusion of the Contract/Agreement means the procedure of signing a written Contract/Agreement with the Operator after the documents presented by the Subscriber have been checked, the Subscriber has read and understood the Conditions of Use and information about telecommunications services and relevant bills have been paid.
• RUIM card meansnetwork subscriber identification module.
• IP address meansa unique address identifying a Subscriber in the Internet.

II. CONCLUDING A CONTRACT/AGREEMENT AND STARTING PROVISION OF THE SERVICE

• The Subscriber-individual is younger than 18 or the Subscriber has been acknowledged by a court to be legally incapable (impaired);
• The Subscriber has debts to the Operator underprevious Contracts/Agreements for any other telecoms services;
• The Subscriber does not fulfill the Operator’s requirementsto provide personal details in the extent specified in these Conditions of Use, the Law of Ukraine “On Telecommunications” and subordinate legislation;
• The Subscriber has not made requisite payments upon signature of the Contract/Agreement or the money have not entered the Operator’s current account.

• Certificate of state registration of a company indicating its identification code (ZKPO - enterprise code);
• Certificate of an enterprise registration as a VAT payer;
• powers of a person making a Contract/Agreement;
• bank details;
• Certificate of the Uniform State Register of Enterprises and Organizations of Ukraine for legal entities-residents of Ukraine or an extract from the trade, court or commercial register for legal entities - nonresidents of Ukraine;
• registered and actual address (mail address);
• contact person’s name and contact telephone number in Ukraine.

• Certificate of company registration dated not earlier than within a year of the date of extract from the register
• Minutes of directors appointment
• Minutes of company’s registered address (the same period of limitation – up to a year)
• Document proving no tax debts and other registration duties

• valid passport of a citizen of Ukraine containing a stamp of registered address in Ukraine
• actual address (mailing address)
• contact telephone number in Ukraine
• identification code certificate

• valid passport of a citizen of a foreign country (visa effective period should be not less than 6 months), for stateless persons – an identification document
• place of permanent/temporary residence (mail address) in Ukraine
• contact telephone number in Ukraine

III. SUBSCRIBER’S RIGHTS

3.1.1. From the effective date of the Contract/Agreement, to use the Servicein accordance with the Contract/Agreement between the parties and these Conditions of Use as well as to demand that the Operatorperforms its obligations specified in the Conditions of Use.

 

3.1.2. To order and use the Service in accordance with the tariffsasthe Operatormayset taking into account the capabilities of the Subscriber’s equipment.

 

3.1.3. To reject the Contract/Agreement in the event of disagreement with any modification of the service tariffs by addressing the Operatorinperson or through an authorized representative and filing a written application for rejection of the Service within 6 days from the date of publicizing the information about the tariffs modification.

 

3.1.4. To get the following information from the Operator:

• about its accounts, account balance upon advance payment;
• about potential barriers and changes in Operator’s mobile network;
• free of charge upon a written application to get details (detailed bill) of the amount billed for the billing period the Subscriber complains about;
• other information related to the Service provided by the Operator.

 

3.1.5. To reject the Service and terminate the Contract/Agreement unilaterally submitting a written notice to the Operator 7 calendar days before ceasing the use of the services. In this case, the Subscriber shall be entitled for repayment of the unused advance amount (except the amount of initial advance payment).

 

3.1.6. To suspend consumption of the Service at his/her option according to the procedure specified in these Conditions of Use and provisions of his/her Contract/Agreement.

 

3.1.7. To change a tariff plan unless otherwise stated in an Additional Agreement.

 

3.1.8. To submit written applications, proposals and complaints for Operator’s consideration.

 

3.1.9. To order the Value-Added Services or refuse them. Value-Added Services may be activated providing the balance on Subscriber’s personal account is sufficient to cover the value of the Value-Added Services being ordered and the Service fee till the end of the billing period.

IV. SUBSCRIBER’S OBLIGATIONS

4.1.1. To comply with the terms and conditions of the Contract/Agreement between the parties and the Conditions of Use.

 

4.1.2. To timely pay bills for the Service provided by the Operator.

 

4.1.3. To checkin person the balance on an account and make extra payments if the amount of advance payment has been used up before the end of the billing month. If the advance payment has been used up completely the Operator shall be entitled to temporarily restrict and/or limit provision of the Service to the same Subscriber.

 

4.1.4. To inform the Operator immediatelyin writing about any of the following events:

• theft or loss of passport – if the Subscriber is an individual; theft or loss of constituent documents or seal – if the Subscriber is a legal entity;
• theft or loss of RUIM card in Subscriber’s use;
• winding up or bankruptcy of the Subscriber – legal entity but not later than the date of initiation of a bankruptcy procedure or liquidation committee formation;
• timely and duly inform the Operator about the changes to the address or any other changes related to provision of the Service.

 

4.1.5. To use and keep the equipment as prescribed in the user manual being liable in person for any consequences that may arise in the event of failure to comply with this requirement.

 

4.1.6. To prevent connection of end user equipment that lacks a certificate of compliance and does not comply with the conditions of use of the same equipment in Ukraine.

 

4.1.7. To prevent commercial use of the Service to render telecommunication services to any third parties.

 

4.1.8. If the Subscriber fails to comply with conditions specified in clause 4.1.4 herein, the bills, debt claims, etc. sent by the Operator to the earlier submitted mailing address shall be deemed received by the same Subscriber.

 

4.1.9. If the Subscriber has let his/her end user equipment and/or RUIM card to use or provided the possibility to a third party to use it, or failed to comply with requirements specified in clause 4.1.4 herein, the Subscriber shall be liable for the use of the Service and timely payment of bills.

V. OPERATOR’S RIGHTS

5.1.1. To demand that the Subscriber meets all the obligations specified in the Contract/Agreement, Additional Agreement and these Conditions of Use.

 

5.1.2. To set and modify the Service tariffs, mobile network coverage, the list of roaming partners.

 

5.1.3. If the advance payment amount has been used in full the Operator shall be entitled to temporarily limit provision of the Service to the Subscriber.

 

5.1.4. To reject conclusion of the Contract/Agreement, to terminate the Contract/Agreement, to suspend provision of the Service on the grounds specified in the Contract/Agreement and/or these Conditions of Use. Terminating the Contract/Agreement and where there are relevant grounds the Operator reservesthe right to charge administrative costs relating to Contract/Agreement termination as per the approved tariff and the contractual sanction in accordance with the legislation.

 

5.1.5. If the Subscriber is in debt to the Operator, the latter may refuse to further render other telecommunication services if the Subscriber requests them.

 

5.1.6. To suspend service provision in the cases specified in a Contract/Agreement and these Conditions of Use.

 

5.1.7. If the debts are not repaid or there are regular arrears for the Service, the Operator may provide third parties – Subscriber’s potential creditors - information about the status of arrears under a Contract/Agreement (including his full name, identification code (number), address or other details indicated by the Subscriber in a Contract/Agreement) as well as to use this information in order to form the list of debtors open for third parties.

 

5.1.8. The Contract/Agreement may not be concluded unless extra advance payment or a bank guarantee agreement is made:

• an individual or a legal entity have or is willing to connect four or more end user equipment units to consumer the Service;
• an individual or a legal entity has no permanent place of residence in Ukraine;
• an individual or a legal entity is a representative of a foreign company in Ukraine;

 

5.1.9. The Operator shall set the amount of additional advance payment.

 

5.1.10. The Operator may enter into a bank guarantee agreement or a surety agreement only with a bank which provides services to the Subscriber, or with a company which financial stability is undoubted.

VI. OPERATOR’S OBLIGATIONS

6.1.1. To comply with the terms and conditions of the Service provision specified in the Contract/Agreement and the Conditions of Use.

 

6.1.2. To provide the Subscriber the information about the effective tariffs, the Conditions of Use, to provide information about the use of the advance payment, to provide other information related to the Service consumption.

 

6.1.3. To communicate the Subscriber that the Operator’s details and tariffs have been changed through mass media sources.

 

6.1.4. Regularly within each following month to compile bills for the provided services (including via international roaming).

 

6.1.5. To consider Subscriber’s written applications, proposals and complaints within the period established by applicable legislation of Ukraine.

 

6.1.6. Not to disclose the Subscribers’ registration details except as otherwise may be provided by the legislation of Ukraine.

 

6.1.7. The Operator shall not be obliged to publish information about the tariffs and coverage of its roaming partners, availability and quality of their services and shall not be liable for trustworthiness of the same information where it is published, and shall not be liable for modification of tariffs, services and coverage by its roaming partners.

VII. ACCOUNTS SETTLEMENT AND PAYMENT PROCEDURE

• based on the volume of incoming or outgoing traffic or data;
• for value-added services ordered.

VIII. FORCE MAJEURE

IX. PROCEDURE OF TEMPORARY LIMITATION AND/OR RESTRICTION OF THE SERVICE

9.4.1. The Subscriber fails to pay bill(s) as required in these Conditions of Use and Contract/Agreement;

 

9.4.2. The balance on Subscriber’s personal account becomes negative before the end of the billing period;

 

9.4.3. The cost of the Services rendered by the Operator is higher than the balance on Subscriber’s personal account;

 

9.4.4. The Subscriber was the Operator’s debtor under a Contract/Agreement made in person or on his/her behalf or there are reasons for doubts about his/her ability to pay;

 

9.4.5. The Subscriber used the Operator’snetwork access to the Servicefor immoral actions as well as actions that break or may break the public peace, encroach on honor and dignity of individuals and companies or cause their complaints or the actions that may result or resulted in downgrading the quality of the Operator’s services provided to other subscribers or abused the rights granted under a Contract/Agreement.

 

9.4.6. The Subscriber performs the actions or lets or helps third parties to perform the actions interfering with other Subscribers’ work in the Internet or the Operator’s normal functioning. Examples of the same actions are listed below; however, the list may not be deemed a full list of the same actions:

• Mass mailing of e-mail messages of promotional, commercial or propaganda nature without preliminary consent of e-mail recipients;
• Sending e-mail messages containing strong or abusive language and proposals;
• Posting in any conference of the articles containing attachments of promotional, commercial or propaganda nature and off-topic articles or violates the rules of partaking in the same conference (unless the actions have been previously approved by the conference owners or administrators);
• Mailing information to the recipients who earlier rejected receipt of the same information;
• Use of own or providers’ information resources (mail-boxes, e-mail address, WWW pages, etc.) to perform any of the above actions regardless of the network access point at which the actions have been performed;
• Configuring their own information resources so that their abuse by third parties is enabled;
• Partaking in any actions which may result in rejection of the Service provision to other Subscribers.

 

9.4.7. The Subscriber is not allowed to intrude the Internet resources, perform or take part in network attacks and network hacking except the cases where the network resource is attacked under direct permit by the resource owner and administrator. Inter alia the following actions are forbidden:

• Actions aimed at breaking normal operation of the Internet components (devices, computers, other hardware or software) which are not Subscriber’s property;
• Actions aimed at intruding including getting unsanctioned privileged access to Internet resources (computer, any other equipment or information resource), further use of the same access as well as destruction or modification of Subscriber’s software or data  without consent of the information resource owner and administrator;
• To transmit the information to computers or other Internet equipment where the same information causes parasitic load on the same computers, equipment or intermediate network sections in the volume exceeding the minimum volume required for checking network cohesion and accessibility of its individual components.

 

9.4.8. At the time of using Internet information resources the Subscriber is forbidden:

• To break special rules of use set by the Operator for individual information resource of the Internet. If the Subscriber  does not agree with the rules he/she is obliged immediately to reject the use of the same information resource;
• To use third party identification data (names, addresses, phone numbers, etc.), unless the same third parties have authorized the Subscriber to use them;
• To falsify IP addresses, or addresses used in other network protocols at the time of data transmission to the Internet;
• To use foreign return addresses while sending e-mail messages.

X. PROCEDURE OF CONTRACT/AGREEMENT TERMINATION

• By Subscriber’s written application filed in person;
• If the Operatorrejects to further provide the Service to the Subscriber;
• In the events specified in clause 10.2 herein.

• Provision of the Service to the Subscriber is temporary suspended due to arrears on earlier consumed services and the Subscriber fails to pay his/her debts within one month from the date of sending him/her a relevant notice;
• The Subscriber is in arrears to the Operator under previously made Contract/Agreement and this fact has been revealed after a new Contract/Agreement took effect;
• The Subscribersubmitted false personal details or identification documents;
• The Subscriber–legal entity has been declared bankrupt in the order established by legislation or has seized its operation;
• If the Subscriber violates provisions of the Contract/Agreement, the Conditions of Use or legislation the Operator shall be entitled to stop provision of the Service under all RUIM cards in the Subscriber’s use in accordance with the Contract/Agreement.

XI. LIABILITY OF THE PARTIES

XII. SETTLEMENT OF DISPUTES

XIII. GENERAL CONDITIONS

13.1.1. The parties have agreed that any information the Parties got to know while entering into, performing, amending or terminating the Contract/Agreement shall be deemed confidential and the Party may not disclose it without written consent of the other Party during the effective period of the Contract/Agreement and 5 years upon its expiration. The Parties agree that the information may be disclosed without preliminary written consent to structural units or branches of the Parties in the extent necessary for performance of contractual obligations by the Parties.

 

13.1.2. The above provision does not cover the information:

à) received legally from any third party;

b) that a recipient knew as of the date of disclosure and got to know by the legal way;

c) is commonly known.

 

13.1.3. The Operator shall be obliged not to disclose Subscriber’s registration details except the cases prescribed by the legislation of Ukraine;

XIV. COMPENSATION OF LOSSES

XV. MISCELLANEOUS

XVI. FINAL PROVISIONS

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