MTS Network Use Conditions

Questions on base and additional sevises

MTS Network Use Conditions

Conditions of Mobile Communication Network Use CJSC of "Ukrainian Mobile Communications" of 01.12.2007

1. General provisions	8. Mobile service suspension
2. Conclusion of the Contract/Agreement and beginning of servicing	9. Contract/Agreement termination
3. Subscriber’s rights	10. Liabilities
4. Subscriber’s obligations	11. Compensation
5. Operator rights	12. Quality and coverage zone of Operator Networks
6. Operator obligations	13. Final provisions
7. Accounts and payments

I. GENERAL PROVISIONS

1.1. Conditions of Mobile Communication Networks Use of GSM-900, GSM-1800 Standards (hereinafter referred to as Use Conditions) determine the order and rules for the use of the mobile communication services being rendered by CJSC "Ukrainian Mobile Communications" (hereinafter referred to as Operator). Use Conditions regulate the relations between Operator and Subscriber, the rights and obligations of the parties, the procedure for the Contract conclusion and termination, the payment conditions, the liability of the parties, etc. Use Conditions shall become valid from the moment of their approval. After the approval of Use Conditions, Rules of Mobile Communication Networks Use come into force

1.2. Use Conditions regulates also relations between Operator and User (the rights and obligations of the parties, payment conditions, liabilities of the parties as far it concerns the service rendering and receiving by User without the conclusion of a written Agreement with Operator)

1.3. Use Conditions are an integral part of the Contract/Agreement concluded between Operator and Subscriber, as well as obligatory for User as far it concerns the procedure for rendering of services and receiving same by User without the conclusion of a written Contract.

1.4. Definition of terms:

Operator is a legal person rendering mobile communication services, the owner of the mobile communication network.
CJSC "UMC" is an Operator of a mobile communication network, hat is a legal person established in accordance with the laws of Ukraine, that owns trade marks: MTS, Ecotel and Jeans
Subscriber – legal or natural entity, with which Operator concluded the Contract/Agreement for the rendering of services.
Parties are Operator and Subscriber.
Services are mobile communications services offered by Operator with the use of mobile communication networks, and those additional services connected with them depending on technical facilities of Operator.
Foreign roaming-partner is any legal person that offers and renders mobile communication services in other country and with which Operator has a corresponding contract about the international roaming.
Clearing House – is an establishment, that keeps the calculation of services for CJSC “UMC”, rendered by roaming-partners in accordance with norms of the international association GSMA.
Contract/Agreement is an agreement between Operator and Subscriber or between Operator and User regarding the rights, obligations and liability of Operator and Subscriber as to the grounds, conditions and the order of rendering, receiving and payment of mobile communication services.
Additional Agreement is an agreement between Parties about additional rights, obligations and liabilities of Subscriber and Operator as to the range of services and Contract/Agreement period, which contains additional conditions relating to the provisions provided by Contract/Agreement and Use Conditions as to the same issues.
Contract/Agreement Conclusion is a procedure of signing a written Contract between Operator and Subscriber after the examination of documents provided by Subscriber, his acquaintance with Use Conditions and information on mobile communication services, as well as with the procedure of necessary bill payments. A Contract signed by both parties is considered concluded one, but such that do not become valid up to a certain event or performance of a certain action specified by the Contract/Agreement, these Use Conditions or tariffs.
User is a person that uses network services without conclusion of a written Agreement, including ECOTEL and JEANS. In addition to these Use Conditions, other conditions for rendering of services to Users are regulated by additional reference books and instructions for these services use.
Commencement of Services Rendering is a provision for use of a telephone number (SIM-card) after Subscriber has paid bills issued by Operator, money has been received in the current account of Operator and the examination by Operator of documents provided by Subscriber.
Contract/Agreement Services Rendering Suspension (mobile communication cutoff) is a temporal restriction of services based on Operator initiative or on the Subscriber's application.
Contract/Agreement Termination – is final services rendering suspension by means of canceling of the Contract/Agreement on the grounds said in these Use Conditions and the Contract/Agreement.
Subscriber Fee is a fixed payment that Operator can determine for the Subscriber for an access on a permanent basis to its telecommunication network and/or to roaming operators’ networks without reference to the fact of services reception.
Advance Payment is a money prepayment of Subscriber on an account for Operator services that would be rendered in the future.
Mobile Telephone is a mobile equipment that has a certificate of conformance issued according to the order established by the law and that has the functions of communication sessions performance and reception without connection to other equipment and can be freely moved within Operator network coverage. Any equipment that has the main function of permanent or preferential transfer of calls to other equipment and/or other telephone networks (including public switched telephone networks), in particular, the equipment of GSM-gateway type, etc., is not a mobile telephone.
GSM-Gateway is a device for connection of local (office) exchanges with GSM-standard networks.
SIM-Card is a module of Subscriber identification in telephone networks.
Final equipment – is an equipment set for the connection with a point of telecommunication network close with a purpose to render access to communication services.
Subscriber Line – is a telephone network line, that connects the final equipment with a base exchange

1.5. The Subscriber's signature on a Contract/Agreement certifies Contract/Agreement conclusion and the fact that Subscriber is acquainted with these Use Conditions, prices and tariffs, Contract conditions and Subscriber is obliged to fulfill them. The signature on the Contract/Agreement confirms that the information and documents provided by Subscriber are faithful and correspond to the current laws of Ukraine and statutory documents.

1.6. All other issues including those concerning rights, obligations and liabilities resulting from relations between Parties and are not directly regulated by these Use Conditions, the Contract/Agreement and Additional Agreement (in the presence), are solved with the use of the corresponding laws of Ukraine, in particular, the Law of Ukraine “On Telecommunications” and other special legislation in the telecommunications field.

ІІ. CONCLUSION OF THE CONTRACT/AGREEMENT AND BEGINNING OF SERVICING

2.1. Mobile services are rendered to Subscriber on the basis of Contract/Agreement. The Contract/Agreement is a main document determining the legal relationship between Operator and Subscriber.

2.2. The Contract/Agreement can not be concluded or will not become valid if:

Subscriber is younger than 18 years old, or Subscriber according to a judicial procedure is considered to be incapable (partially capable);
Subscriber has debts to Operator or other mobile communication operators under contracts concluded earlier;
Subscriber does not fulfill Operator demands as to the provision of the information about itself in the volume provided by these Use Conditions;
Subscriber failed to make necessary payments after the Contract/Agreement signing or money was not received in the Operator current account;

2.3. The Contract/Agreement of mobile communication services rendering is concluded, as a rule, simultaneously with the order for services and becomes valid after the additional examination of the documents provided by Subscriber, its payment of the bills issued by Operator and the provision of the telephone number for its use.

If during the examination of documents that have been provided any insufficiencies, contradictions or other violations are detected, Operator has the right to demand that the Subscriber correct all such variations from the contract requirements. If the latter is not fulfilled, Operator has the right to refuse to conclude the Contract/Agreement with the Subscriber.

2.4. For the Contract/Agreement conclusion Subscriber provides Operator with the following documents and information:

2.4.1. Legal persons- residents:

State Registration Certificate of the enterprise with indicated ID number;
Registration Certificate of the enterprise, as a taxpayer to a value added
Authorities of the person that concludes Contract/Agreement;
Banking requisites information;
Certificate from the Integrated State Register of Enterprises and Organizations of Ukraine for legal entities-residents of Ukraine or an extract from the trade, judicial or commercial register for legal entities-nonresidents of Ukraine;
Information on its actual and legal residence place and mail address;
Information on the contact person and contact telephone number in Ukraine;
If the Contract/Agreement for rendering of services is concluded by an affiliate or representative office of the Subscriber, the extract from Provisions on Affiliate or Representative Office where the right of this structural unit for the conclusion of the economic contract on behalf of Subscriber or the power of attorney with the affiliate, representative office or their official authorities for the conclusion of contracts on behalf of Subscriber, is provided instead of State Registration Certificate of the Subscriber.

The Contract and appropriate documents of the legal person should be signed by the director of the enterprise (organization) set with a seal. If the documents are not given by the director, it is necessary to have a power of attorney on Contract conclusion and business conducting with the Operator, as well as the passport of the authorized representative.

You should give the strictly accountable document and the passport of the authorized person for equipment receiving (telephones, accessories) paid cashless.

2.4.2. Legal persons– nonresidents

articles of association, legalized due course of law – notarized or apostilled (depending on a country),
such documents are possible:
Registration Certificate of the company, dated not less than a year of the signing off the registration
Proceedings of directors’ appointment
Proceedings of the company residence place (with the same period of limitation)
Document of the debts in payment of taxes and other registration payments absence

2.4.3. Natural persons-residents:

Effective passport of a citizen of Ukraine with the note on the person's registration in Ukraine;
Information on its residence place (mail address);
Information on the contact telephone in Ukraine.

2.4.4. Natural persons-non-residents:

Effective passport of a citizen of the foreign state with the note on the foreign citizen registration at the state border crossing point of Ukraine, and for a person without citizenship – the person's identification document;
Information on the residence place (mail, e-mail address) in Ukraine on the permanent or temporal basis;
Information on the contact telephone in Ukraine.

2.4.5. Foreign diplomatic representation offices (embassies, consulates) provide the certificate of accreditation from the Ministry of Foreign Affairs of Ukraine and the document certifying the authority of the person for Contract/Agreement conclusion.

2.5. In case of refusal to connect a telephone to the network, the Operator returns to the Subscriber the money paid on the basis of the corresponding application of the Subscriber.

2.6. If circumstances contrary to the conclusion of a valid Contract/Agreement become known after a contract has been signed, the Operator has the right to suspend the Contract/Agreement validity on a unilateral basis, as well as to refuse to return to the Subscriber any monies proffered based on the assumption that the Contract/Agreement is valid, if the person that concluded the Contract/Agreement has debts to the operator under Contracts/Agreements of mobile services rendering concluded earlier with the Operator.

III. SUBSCRIBER’S RIGHTS

3.1. The Subscriber has the right:

3.1.1. After a Contract/Agreement becomes valid – to use Operator services according to the Contract/Agreement concluded by the parties and these Use Conditions, as well as to require Operator to fulfill the obligations fixed in Use Conditions;

3.1.2. To order and use at its own option the services being offered by Operator according to the tariffs established by Operator, taking into account the technical facilities of the Subscriber's mobile telephone;

3.1.3. To refuse the Contract/Agreement in case of disagreement with a change of tariffs for the services with the personal application to Operator or through the authorized representative with the written application on the refusal from the services within 6 days after the date of the publication of the information about the tariffs increase;

3.1.4. To receive the following information from the Operator:

On its accounts, the advance payment balance;
On services, Operator network and roaming coverage, the order of using the telephone number provided to it, Operator tariffs;
On the possible obstacles and changes in Operator mobile communication network operation;
Other information connected with Operator services rendering.

3.1.5. To refuse from the services and terminate the Contract/Agreement with the written notification of Operator about it 7 calendar days before the services use termination. In this case the Subscriber has the right to the unused advance payment return (except for the primary advance payment – item 10.5 of these Use Conditions

3.1.6. To suspend services receiving at its own request according to the order provided by these Use Conditions and in accordance with the provisions of Contract/Agreement;

3.1.7. To change the tariff package unless otherwise provided by the Additional Agreement;

3.1.8. To submit written applications, propositions and claims to the Operator;

3.1.9. To terminate a Contract/Agreement according to the rules specified in it and these Use Conditions,

3.2. The change of the tariff package is performed on Subscriber's request on any working day of the month, except for the last calendar day of the month. The cost of the tariff package change is specified by the current tariffs of the Operator.

IV. SUBSCRIBER’S OBLIGATIONS

4.1. Subscriber shall:

4.1.1. Fulfill Contract/Agreement concluded between the parties, and these Use Conditions;

4.1.2. Pay in a timely manner the bills for services rendered by the Operator according to the settlement order specified in Contract/Agreement and Use Conditions, make the advance payments up to the moment of the actual use of the advance payment made earlier;

4.1.3. Check personally the advance payment balance; in case of necessity, make the next advance payment. In case of the full use of the advance payment sum, the Operator has the right to limit temporarily mobile communication services rendering to Subscriber;

4.1.4. Notify the Operator immediately in the written form about the following circumstances:

Change of its surname, legal and actual residence place, mail address, contact telephone, other legal requisites together with the provision of the new data;

Theft or loss of the passport for natural persons;

Foundation documents for legal persons;

Loss or theft of the mobile telephone and/or SIM-card being used by the Subscriber;

Subscriber-legal person activity termination or bankruptcy, but not later than the bankruptcy case or the liquidation process beginning.

4.1.5. Not permit the commercial use of the terminal equipment and subscriber lines for telecommunication services rendering to third persons.

4.2. If the Subscriber does not fulfill the provisions of item 4.1.4 of these Use Conditions, bills, debt demands, etc. sent to it from Operator, is considered as received by the Subscriber.

4.3. If the Subscriber transferred for use his mobile telephone(s) and/or SIM-card or gave the possibility for use of either by a third person, the Subscriber remains liable for the mobile communication use and for the timely payment of bills.

V. OPERATOR RIGHTS

5.1. Operator has the right:

5.1.1. To demand from a Subscriber the fulfillment of all obligations specified in the Contract/Agreement and these Use Conditions;

5.1.2. To determine and change the tariffs for services, the mobile communication network coverage and the list of roaming operators;

5.1.3. To establish and change conditions of service rendering and the list of services being rendered in the Operator network;

5.1.4. To refuse from Contract/Agreement conclusion, to terminate Contract/Agreement and/or to suspend services rendering with the availability of the grounds specified in Contract/Agreement and Use Conditions. In case of Contract termination and availability of grounds for it, the Operator reserves the right to charge the contractual sanction in the amount, in order and on the grounds specified by Additional Agreement (if any);

5.1.5. To change the telephone number based on technical reasons with the previous notification of the Subscriber of it;

5.1.6. To refuse to render services for which the monthly subscriber fee is not charged or which require additional network resources (such as Voice Mail, Data, Fax-message, etc. Transfer), if Subscriber does not use these services during three months with the notification about such refusal two weeks before such refusal;

5.1.7. To disconnect the final equipment of the Subscriber and to suspend the service in cases established by Contract/Agreement and Use Conditions.

5.1.8. In case of Subscriber use of the roaming service, Operator reserves the right to include the services received in the previous settlement periods to the current settlement period;

5.1.9. In case of the indebtedness for the services rendered under Contract/Agreement – to provide third persons – potential creditors of the Subscriber – with the information as to the settlements state under Contract/Agreement (including its name/first name, surname and patronymic, ID (number), address or other data specified by Subscriber at Contract/Agreement conclusion), as well as to use such information with the purpose of the formation of the register of debtors opened for such third persons;

5.1.10. In case of the full use of the advance payment sum, the Operator has the right to restrict temporarily mobile services rendering to Subscriber.

5.2. Contract/Agreement can not be concluded without the additional advance payment, in case:

Natural or legal person has or wishes to connect four or more telephone numbers to Operator network;
Natural or legal person has no permanent residence place in Ukraine;
Natural or legal person is a foreign enterprise representative on the territory of Ukraine;
Natural or legal person orders international telephone communication and roaming services.

5.3. The range of the additional advance payment is determined by the Operator

5.4. A Contract of banking guarantee can be concluded by the Subscriber only with the bank servicing the Subscriber and a Contract of guarantee – only with the bank servicing Subscriber or with the enterprise which has financial stability that is beyond any doubt.

VI. OPERATOR OBLIGATIONS

6.1. Operator shall:

6.1.1. Fulfill the Contract/Agreement concluded between parties' representatives and Use Conditions;

6.1.2. Render services to the Subscriber according to the conditions of the concluded Contract/Agreement;

6.1.3. Provide the Subscriber with information about current effective tariffs, Use Conditions, notify the Subscriber that the advance payment made is used up, and render other information connected with the rendered services;

6.1.4. On the basis of Subscriber's application – suspend (cutoff) mobile communication services rendering or terminate Contract/Agreement (as well as in the case of telephone theft);

6.1.5. Notify Subscriber on Operator requisites change;

6.1.6. Regularly within the next month – provide Subscriber with the bills for the rendered services taking into account the international telephone calls (including those on international roaming), but not later than three months after the services were rendered;

6.1.7. Within three months after the date of the written execution of the Contract/Agreement termination – provide the Subscriber with the final statement by mail;

6.1.8. Send bills by mail;

6.1.9. In case of refusal in Contract/Agreement conclusion – return the sum paid by the Subscriber (except for the cases provided in item 2.6 of these Use Conditions) or after Contract/Agreement expiry – return to the Subscriber the advance payment balance through transfer to the bank account specified by it;

6.1.10. Consider Subscriber written applications, propositions and claims within the term provided by the current laws of Ukraine;

6.1.11. Not disclose the registration data of Subscribers except for the cases provided by the current laws of Ukraine;

6.1.12. The Operator shall not publish the information on the tariffs and coverage of foreign roaming-partners, services availability and quality, and shall not be held liable for the accuracy of such information in case of its publication, as well shall not be held liable in case of change of tariffs, services and coverage of foreign roaming-partners.

VII. ACCOUNTS AND PAYMENTS

7.1. The Subscriber pays monthly subscriber fee or the package cost depending on the selected rate for the rendered services and for the number support in Operator mobile communication network.

7.1.1. Each Subscriber shall be provided with one personal account on which the settlements for the rendered services shall be performed for all registered Subscriber numbers.

7.1.2. In some cases the Operator can provide several personal accounts for each telephone group of numbers.

7.2. The actual use of one or another service by the Subscriber means that this service was ordered by the Subscriber.

7.3. The cost of the rendered services depends on the corresponding tariff and the range of the rendered services.

7.4. For the use of communication services abroad, Operator performs the settlements according to Operator tariffs for the mobile communication services being effective at the moment, published by the Operator on the official Internet-site.

The components of roaming services include:

For incoming calls:

Services with calls provision to the subscriber in a roaming, that are rendered on the territory of Ukraine
Services, that are rendered in the foreign roaming-partner network, beyond the borders of Ukraine (servicing of incoming calls to the subscriber who is the roaming)

For outgoing calls, SMS and GPRS sessions of the Subscriber, who is in the roaming:

Services of international roaming rendering, that are rendered in Ukraine
Services rendered in the foreign roaming-partner network beyond the borders of Ukraine (outgoing calls servicing, SMS and GPRS sessions of the Subscriber who is in the roaming)

7.5. The accounting of the rendered services is performed:

On the second-to-second charging basis – for all incoming and outgoing calls within Ukraine, for outgoing calls abroad;
On the minute-to-minute charging basis – for all incoming and outgoing calls in roaming, moreover each uncompleted minute of the call is paid as 1 (one) complete minute (for Subscribers concluded a written Contract/Agreement and for Subscribers of the prepaid service);
For the order or access to the service;
For text (SMS) or multimedia (MMS) messages sending;
For the volume of the sent or received information or data;
For other services that Operator introduces from time to time and that the Subscriber uses.

For calls in roaming, the accounting of the rendered services is performed according to:

accounting made by Clearing Data House in favor of the Subscriber taking into account the tariffs and tariff intervals, fixed by the foreign roaming-partner – for the component roaming services rendered in the foreign roaming-partner network.
Accounting that operates Operator network(for the services of international roaming organization and services of the organization of the call to the Subscriber in the roaming rendered with Ukraine)

The charging of the first second or minute of the call begins from the moment of the communication establishing (including that with the technical facilities of an answering machine, automatic number identifier (ANI), fax, office exchanges type, etc.).

7.6. Current tariffs of the foreign roaming-partners are beyond the sphere of Operator responsibility.

7.7. For the month of the connection to mobile communication networks the payment for some services is charged proportionally to the calendar days of the Subscriber plus the payment for the next month.

7.8. The number and cost of the services rendered to the Subscriber within the accounting period is determined according to the data of the technical facilities employed by Operator that measure the duration, range and cost of the services, as well as according to the information provided by roaming operators.

7.9. The package cost and the services package cost is charged and prepaid by Subscriber for the next period after the accounting one by the advance payment.

7.10. The cost of a package or service, the cost of a service package, package minutes or other services within the package is charged proportionally to the days of the active telephone number service in the corresponding tariff package.

7.11. Operator send to Subscriber the bill(s) for the rendered services according to its service number. The payments shall be received by the Operator within the term specified in the bill(s), or in case of the non-reception of the bills up to 15th date of the month next to the accounting one. In case of failure to pay the bill(s), and failure to perform the item 4.1.3., the Operator has the right according to item 8.4 of Use Conditions to restrict temporarily mobile communication services rendering.

7.12. In the payment order for the monthly bill payment the Subscriber shall specify the number of the telephone, contract/agreement and the personal account.

7.13. The non-reception of the bill(s) does not exempt the Subscriber from the obligations as to the rendered services payment. The Operator is not held liable for the non-delivery or for the untimely delivery of the bills by mail. If the Subscriber did not receive bills for the rendered services for the past month, it can get the information as to the bill through telephone contact with the Subscriber Service Center.

7.14. Subscriber written claims as to Operator bills are taken for consideration only in case they are received within the time limitation specified by the law and are considered within one month after their reception. Further, the Subscriber shall pay the claimed sum of the bill completely. In case of the Subscriber's claim is ruled valid, the Operator considers the sum paid by Subscriber as an overpayment and consider it as the advance payment for the future services or return it on the Subscriber's application to the Subscriber's bank account.

7.15. The settlements for Operator rendered services in the next accounting period are performed from the advance payment sum made by Subscriber.

7.16. In case of refusal to conclude a Contract/Agreement, Operator returns the money paid by Subscriber during the connection (except for the cases provided by item 2.6 of these Use Conditions) after their reception to Operator account through transfer, on the Subscriber's application, to the Subscriber's bank account.

7.17. The documents on bill payment shall be stored by the Subscriber during a 3 year period.

VIII. MOBILE SERVICE SUSPENSION

8.1. A cutoff (temporary restriction) of mobile communication may be performed on the initiative of Operator or Subscriber.

8.2. The Subscriber may restrict temporary the communication only on the basis of a written application submitted personally. The Operator restricts the communication on the day of the application reception or on the day specified in the application. If the application is received on the official free time of Operator (on day off or state holiday) the communication is restricted not later than on the next working day after said day off or holiday. It is necessary to specify the desirable term of the restriction, as well as the reason(s) of the restriction in the application.

8.3. In case of the loss of a mobile telephone or SIM-card, the communication can be restricted on the basis of the oral application of the Subscriber to the telephone of the Operator Service Center. Further, the Subscriber shall notify the Operator not only the number of the lost telephone or the telephone with the lost SIM-card, but also other maximally complete data that Operator representative considers necessary to establish including personal data. The Subscriber shall also confirm the oral notification of the loss or theft of the mobile telephone or SIM-card in the written form not later than on the nearest working day after the day of the oral application. In case of application or claim concerning the communication restriction on the basis of the oral application, services rendering is renewed and can be terminated repeatedly only on the written application of the Subscriber. Before communication restriction, the Subscriber is liable for the services consumed with the use of its telephone number(s) that are subject to payment on the universal basis.

8.4. Operator can temporarily restrict the mobile services range if:

8.4.1. Subscriber does not pay the bill(s) as required by these Use Conditions and Contract/Agreement;

8.4.2. The cost of Operator mobile communication services rendered for the telephone number(s) of Subscriber exceeds the advance payment sum on the personal account;

8.4.3. The bankruptcy procedure is begun against Subscriber or the liquidation case is begun against the legal person, or the bank account and property of Subscriber are arrested;

8.4.4. Subscriber specified incorrectly his mail address or other legal requisites, or did not notify about their change, including the case, if Subscriber bill(s) are returned to Operator with the indication that it is absent at this address, moved out, or refuses to receive mail messages, etc.

8.4.5. Subscriber violated these Use Conditions;

8.4.6. The person that concluded the Contract/Agreement has no necessary authorities for it;

8.4.7. It became known to Operator that the Subscriber uses an illegally purchased mobile telephone and/or SIM-card;

8.4.8. Subscriber earlier was Operator debtor under a Contract concluded by him or on his behalf, or Operator has grounds for the doubts as to the Subscriber's solvency;

8.4.9. The Subscriber uses Operator mobile communication networks for amoral actions, as well as for actions that violate or can violate civil order, infringe on the honor and dignity of citizens and enterprises or result in their claims, or that could result or result in Operator services quality decrease to other subscribers, or abused the rights given to it according to Contract/Agreement, in other forms;

8.4.10. Subscriber without the previous written consent of Operator uses the technical facilities for the commutation and/or routing (forwarding) of incoming and/or outgoing calls using the tone signal dialing through any commutation devices (equipment of GSM-gateway type) or performs short text (SMS) and/or multimedia (MMS) messages sending with the purpose of advertising;

8.4.11. The character and quantity of Subscriber calls attest to the fact that they were directed to the reception of the additional advantages (bonuses, free minutes, etc.) by subscribers of other telecommunications networks operators.

8.5. In case of the restricted services range rendering to Subscriber according to item 8.4 of these Use Conditions, the fee for retention of the number in the mobile network is charged according to the fee specified by Operator tariffs. The Subscriber will retain the telephone number. The numbers that are cut off on Operator initiative are saved as a rule for 3 calendar months.

8.6. Provided mobile communication services are resumed under the circumstances specified in item 8.4 of these Use Conditions.

8.7. The telephone number activation after the temporal cutoff is done after the actual crediting of the money to the personal account of the Subscriber.

8.8. On the basis of an Additional Agreement, Operator may permit the Subscriber to use the technical facilities specified in item 8.4.10.

8.9. In case of the mobile telephone restriction as it is provided in item 8.4, Operator may propose to the Subscriber the connection to other rate packages.

IX. CONTRACT/AGREEMENT TERMINATION

9.1. The validity of Contract/Agreement for mobile communication services rendering is terminated:

In case of the written application of the Subscriber submitted personally;
In case of Operator refusal of further services rendering to the Subscriber specified in item 9.2 of Use Conditions.

9.2. The validity of Contract/Agreement for mobile services rendering shall be immediately terminated (Contract shall lose the validity) if:

Mobile communication service provided to the Subscriber is restricted temporary because of debts availability to earlier rendered services, and within 1 month after sending a message to him the Subscriber do not pay the debt.
Subscriber has debts to Operator under Contract/Agreement concluded earlier, and this circumstance is revealed after the new Contract/Agreement became valid;
Subscriber provided an inaccurate information or documents about itself;
Subscriber-legal person is recognized as bankrupt according to the order specified by the law or terminated its activity;
Subscriber uses services not only for the satisfaction of its own needs in communication services, but also performs through Operator networks the routing of calls of other communication services consumers to public switched telephone networks including those to Operator networks.
The character and quantity of Subscriber calls attest to the fact that they were directed to the reception of the additional advantages (bonuses, free minutes, etc.) by subscribers of other telecommunications networks operators.
Subscriber uses Operator mobile communication networks for amoral actions, as well as for actions that violate or can violate civil order, infringe on the honor and dignity of citizens and enterprises or result in their claims, or that could result or result in Operator services quality decrease to other subscribers, or abused the rights given to it according to Contract/Agreement, in other forms;
Subscriber without the previous written consent of Operator uses the technical facilities for the commutation and/or routing (forwarding) of incoming and/or outgoing calls using the tone signal dialing through any commutation devices (equipment of GSM-gateway type) or performs short text (SMS) and/or multimedia (MMS) messages sending with the purpose of advertising;

9.2.1. In case of Subscriber violation of a provision of Use Conditions or Contract/Agreement or the current law, Operator has the right to terminate services rendering for all SIM-cards Subscriber uses.

9.3. For Contract termination on its own initiative, the Subscriber shall personally or through an authorized representative make application for Contract termination. Legal persons in the exclusive cases may send an application for Contract termination by mail. The application shall be signed by the enterprise head and certified with the enterprise stamp.

9.4. Contract/Agreement termination shall not release the Subscriber from payment of the bills for the rendered services and the final settlements for the services actually rendered during the month of the Contract/Agreement termination. The final bill shall be paid within the terms specified in it.

9.5. The grounds for the termination of Contract/Agreement of mobile services specified in item 9.1 of these Use Conditions shall not release Subscriber from the payment of the indebtedness within the terms specified in Operator bills for the services actually rendered before Contract/Agreement termination.

9.6 All provisions of Use Conditions and Contract/Agreement on mobile communication services extend to legal successors of the parties. In case of death of the Subscriber-natural person, the Contract/Agreement terminates, and rests of made costs can be given back to the inheritor. The Contract/Agreement terminates in case of receiving by the Operator company the certificate on death notarial attested or in case of showing by relatives and/or near relations the original of the certificate on death.

X. LIABILITIES

10.1. Operator and Subscriber shall fulfill the provisions of these Use Conditions and Contract/Agreement in proper way. The non-fulfillment or improper fulfillment of Use Conditions and Contract/Agreement shall result in the liability provided by the current laws of Ukraine with taking into consideration the provisions of Contract/Agreement and/or these Use Conditions.

10.2. Neither Party is held liable for the non-fulfillment of the obligations resulting from these Use Conditions and Contract/Agreement, except for the money ones, if such non-fulfillment is due to Force Majeure circumstances.

Such circumstances include fire, natural disaster, military operations, strikes, failures in the power supply system, Government decisions, etc.

10.3. Operator is not held liable for any losses inflicted due to the physical and geographic factors impact on the mobile communication network in the area of Subscriber mobile telephone location (thunder, relief peculiarities, local electric and magnetic fields influence, etc.), as well as if the telephone is outside the mobile network coverage. In addition, the Operator is not liable for indirect losses or lost profits that can generally occur.

10.4. Claims as to the mobile communication is considered if received within the limitation period specified by the current laws for analogues claims and shall be considered within one month after their reception. Claims as to the order of the settlements for the services shall be considered in accordance with item 7.12 of these Use Conditions.

10.5. In case of the refusal of services and Contract/Agreement termination on the Subscriber's initiative before the moment of the full use of the primary advance payment made by Subscriber, except for the case when such refusal from the services is the result of Operator violation of the contractual conditions, Subscriber pays a penalty to Operator in the amount of 100% of the primary advance payment balance unused by the Subscriber up to the moment of the services rendering termination.

XI. COMPENSATION

11.1. Compensation caused to Subscriber by Operator is governed by the Contract/Agreement and Use Conditions, and in the part that is not regulated by the Use Conditions and the Contract/Agreement – by the laws of Ukraine regulating the relations concerning this issue.

11.2. The Subscriber may demand from the Operator a compensation for the direct losses caused to him only in case they occurred due to the Operator fault, and there is a confirmation of such fault.

XII. QUALITY AND COVERAGE ZONE OF OPERATOR NETWORKSЯ

12.1. Operator strives to provide the best quality and coverage by its mobile communication networks. However, due to the factors beyond the reasonable control of Operator, it is not always possible to provide 100% coverage and 100% access to the network. The local conditions including natural and weather conditions, radio interferences from other measuring devices, buildings, overflow traffic and communication use in certain places can affect negatively on radio signal availability and power.

XIII. FINAL PROVISIONS

13.1. All disputable issues resulting from these Use Conditions or Contract shall be settled by parties through negotiations. In case negotiations do not result in dispute settlement, the issue is submitted for consideration to the corresponding court according to the subordination and jurisdiction rules specified by the current laws of Ukraine.

13.2. Alterations and amendments to these Use Conditions can be introduced by the Operator, and they shall become valid from the moment of their approval. Subscriber may receive information about alterations and amendments from the Subscriber Service Department of any Operator affiliate.

13.3. These Use Conditions have been rendered in Ukrainian and English, both texts being equally authentic. In case of any discrepancies in the texts, the Ukrainian version shall be the preferential one.

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