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1. GENERAL PROVISIONS

1.1. Terms of service of mobile connection networks of GSM-900, GSM-1800 standards (hereinafter referred to as “the Terms”) are generally accepted standards of the mobile network operation which define the procedure and rules for using mobile connections services provided by PrJSC “VF Ukraine” (hereinafter referred to as “the Operator”). The Terms regulate the relations between the Operator and the Subscriber, rights and obligations of the parties, procedure of conclusion and termination of the Contract/Agreement, terms of payment, liability of the parties, etc. The Terms shall come into effect upon their approval and publication online at www.vodafone.ua. In case the legislation of Ukraine or the Contract/Agreement establish regulations that contradict with these Terms, the relevant provisions of the Contract/Agreement or the legislation of Ukraine shall prevail.

1.2. The Terms are an inalienable part of the Contract/Agreement concluded between the Operator and the Subscriber, and are set and modified by the Operator unilaterally and also are binding for the Subscriber to the extent relevant to the procedure of providing to and receiving services by the Subscriber without conclusion of a written Agreement.

1.3. Definitions:

  • Subscriber — legal entity or individual with whom the Operator concluded the Contract / Service Agreement, or who uses the mobile network without signing a written Contract/Agreement. In addition to these Terms of service the other terms of service for the subscribers who use services without concluding the Contract/Agreement shall be governed by additional guides and instructions for using these services.
  • Advance payment — payment made in advance by the Subscriber for the Operator’s services.
  • Subscription fee — a monthly fixed payment set by the Operator for the Subscriber for access to its telecommunication network and/or to roaming operators networks on a regular basis regardless of the actual receipt of services.
  • Contract/Agreement — law regulation concluded between the Operator and the Subscriber under which the Operator shall be obliged to provide services to the Subscriber by the request from the latter and the Subscriber shall be obliged to pay for these services.
  • Supplementary agreement — an agreement between the Parties on additional rights, obligations and liabilities of the Subscriber and the Operator regarding the scope of services, the period of the Contract/Agreement which contains additional conditions to the provisions stipulated by the Contract/Agreement and the Terms of service on the relevant issues.
  • Additional services — services of the Operator that may be provided to the Subscriber separately from primary telecommunication services in accordance with tariffs. Additional services may include the following services of the Operator: temporary suspension of services, re-connection to the network and/or services of entertainment, informational kind etc.
  • Deposit — the amount of money paid by the Subscriber to confirm obligations under the Contract/Agreement and to ensure its implementation, and can be used as payment for services to be provided by the Operator to the Subscriber pursuant to the Contract/Agreement and which shall remain with the Operator in case of termination of the contractual relationship due to the fault of the Subscriber before the use of the deposit.
  • Consent of the Subscriber — the will expressed by the Subscriber in any manner, including committing acts that may be recorded by the equipment of the Operator or Content provider (voice, text messages, usage of tone dialing signals etc.).
  • Malicious calls — single, repetitive or mass connections, including those made to the phone numbers of emergency services that cannot be stopped due to the anonymity of caller, and which inflict moral and/or material damage to the Subscriber and/or the Operator.
  • Identification telecommunication card — the tool used to identify the Subscriber terminal equipment in the telecommunications network (SIM card).
  • PrJSC “VF Ukraine” — network operator that is a legal entity established under the laws of Ukraine.
  • Account refill card — means to replenish personal account balance in order to pay for the services of the Operator, Content provider within the specified asset of these means;
  • Content provider — legal entity that provides additional services to subscribers within the network with the use of telecommunication networks and technical means of telecommunication operator.
  • Credit limit (with the next pay) — a sum of money determined by the Operator for which services can be provided after the depletion of the funds on the Subscriber’s account balance.
  • Content service — additional informational, referential, pre-ordered, entertainment or other service, including code 900 services that is provided by Content providers with the use of telecommunication networks and technical means of the Operator, are not included in the respective Tariff plan, are received by the Subscriber upon their consent in a separate procedure defined set for such a service and paid for by debiting the Subscriber’s funds.
  • Terminal equipment — equipment used to connect to the end point of the telecommunication network to provide access to telecommunication services, which should be issued in established order a document confirming compliance with the regulations in the telecommunications sector and may be included in the list of technical means that can be used in telecommunication networks or in the Register of radio electronic devices and emitters that can be used in Ukraine in the civil frequency bands, in cases provided by law, may be included in a generalized database of electronic codes (identifiers), and which has the function of establishing and receiving communication sessions without the need for other equipment and may be freely moved within the coverage zone of the Operator’s services.
  • Operator’s network — set of telecommunication equipment and communication facilities of the Operator united in a single technological process for the provision of mobile communication services to the subscribers.
  • Unauthorized interference with the operation and/or use of telecommunications networks — actions of individuals recorded in accordance with the law that and led to the leakage, loss, forgery, blocking, damage or destruction of information, disturbance of traffic routing, acquisition of services for free or at rates below ones authorized.
  • Operator — legal entity that provides telecommunication services according to license, owner of mobile connection network.
  • Services — mobile connections services offered by the Operator that rely on use of mobile connection networks as well as related additional services, in accordance with the Operator’s technical capacities.
  • Commencement of Services — providing a telephone number (SIM card) to the Subscriber after payment on bills from the Operator, receipt of funds on current account of the Operator and verification of the documents provided by the Subscriber.
  • Termination of Services under Contract/Agreement — the final termination of servicing the Subscriber by the Operator as a result of termination or change to the conditions of the Contract/Agreement in part of reduction of service list, and in cases established by law.
  • Settlement period — each calendar month during which the Service is provided to the Subscriber. The beginning of the period shall be the time of the actual subscription or charging of the Service fee.
  • Roaming — service that enables a Subscriber of a mobile connection Operator to receive services in the network of another Operator while retaining initial registration of the Subscriber in telecommunication network of their Operator.
  • Roaming partner — Operators having concluded an agreement on roaming.
  • Operator’s service center — customer service centers, where services are provided remotely to the Subscribers as well as the Operator’s stores and authorized dealers’ stores where the services are provided directly on demand of the Subscribers and the Operator’s potential customers. Operator’s service center shall not provide maintenance and repair of the Subscriber’s terminal equipment.
  • Spam — E-mail, text messages, multimedia messages massively and intentionally sent to the Subscriber’s terminal equipment without their prior consent except the Operator’s notices on provision of services.
  • Starting package — means to order and pre-pay for services that enables the Subscriber to start using the Operator’s services within the specified asset of such means, and consists of SIM card and other associated materials.
  • Tariff — a document which includes the lists, descriptions, rates on Service and Additional services provided by the Operator.
  • Tariff plan — set of offers of the Operator regarding price, terms and volume of certain Services offered to the Subscriber.
  • Temporary Suspension of Service — termination of provision of Services to the Subscriber by the Operator in cases established by law and/or the Contract while ensuring technical possibility to resume the servicing.
  • Conclusion of Contract/Agreement — the procedure of signing a written Contract/Agreement between the Operator and the Subscriber after verification of documents provided by the Subscriber, their acquaintance with the Terms of Service and information on mobile communication services, as well as the procedure of paying the required bills. The Contract/Agreement signed by the both Parties shall be deemed concluded.
  • GSM gateway — device for connection of local (office) telephone exchange with GSM-standard networks.

1.5. Signature of the Subscriber under the Contract/Agreement shall indicate that the Subscriber is familiar with Terms and Conditions hereof, tariffs, conditions of the Contract/Agreement. Signature under the Contract/Agreement shall confirm that the information and documents provided by the Subscriber are reliable and comply with the current legislation of Ukraine and statutory documents.

1.6. All other issues, including the rights, obligations and liabilities arising from the relationship between the Parties and not directly regulated by these Terms of Service, the Contract/Agreement and the Additional agreement (if any) are resolved with the use of the relevant legislation of Ukraine, including the Law of Ukraine "On telecommunications" and other legislation in the field of telecommunications. 

2. CONCLUSION OF THE AGREEMENT AND PROCEDURE OF COMMENCEMENT OF SERVICES

2.1. Mobile connection services shall be provided to the Subscriber under the Contract/Agreement. The Contract/Agreement shall be the primary document defining legal relationship between the Operator and the Subscriber and shall comply with main requirements established by National Commission for the State Regulation of Communications and Informatization (NCCIR).

2.2. The Contract/Agreement shall not be concluded in case:

  • the age of the Subscriber individual is below 18 years or the Subscriber has been judicially recognized incapable (partially capable);
  • the Subscriber is in arrears to the Operator for any services previously provided the fact of which is adequately documented;
  • the Terminal equipment of the Subscriber fails to comply with the requirements set by the laws of Ukraine;
  • the Subscriber failed to provide the necessary for the conclusion of the Contract/Agreement duly certified copies of documents confirming their legal status, essential details and credentials of persons who enter into the Contract/Agreement. Should the verification of the documents provided identify any shortcomings, contradictions or other violations, the Operator may demand the elimination of them from the Subscriber. Should the latter fail, the Operator may deny the Subscriber in the conclusion of the Contract/Agreement.

2.3. To conclude the Contract/Agreement, Subscriber provides Operator with following documents and information:

2.3.1. Resident legal entities:

  • certificate of unified state registration of enterprises and organizations of Ukraine (EDRPOU) or extract from the register;
  • certificate of registration of the company as a payer of value added tax;
  • documents confirming authority of the individual that concludes the Contract/Agreement;
  • information on banking details;
  • information on legal and actual address and e-mail address;
  • information on the contact person and telephone number of the corresponding individual in Ukraine;
  • the Agreement and related documents from the legal entity shall be signed by the director of the enterprise (organization) and certified with the seal. If the documents are not provided by the director a warrant for the conclusion of the Contract/Agreement and dealing with the Operator is required along with the trustee’s passport.
  • a warrant of prescribed format and trustee’s passport are required to receive any equipment (phones, accessories) paid by bank transfer.

2.3.2. Non-resident legal entities:

constitutional documents legalized in the manner prescribed by law — notarized or apostilled (depending on country), the following documents are allowed:

  • company registration certificate dated at least a year from the date of the extract from the register;
  • protocol of director appointment;
  • document certifying the absence of debts regarding taxes and other registration fees.

2.3.3. Resident individuals:

  • valid passport of citizen of Ukraine with the mark denoting the registration of the individual in Ukraine;
  • certificate of the issue of tax identification code;
  • information on actual place of residence (postal and email address);
  • contact telephone number in Ukraine.

2.3.4. Non-resident individuals:

  • valid passport of a foreign country citizen with a mark denoting the registration of foreign citizens at checkpoints across the state border of Ukraine (with visa valid for at least 6 months), and for persons without citizenship — a document certifying their identity;
  • information about the place of residence in Ukraine on permanent or temporary basis (postal, email address);
  • contact telephone number in Ukraine.

2.3.5. Foreign diplomatic missions (embassies, consulates) shall provide the certificate of accreditation from the Ministry of Foreign Affairs of Ukraine and the document certifying the authority of individuals concluding the Contract/Agreement.

2.4. In case the circumstances (debts previously for telecommunication services previously provided by the Operator) that contradict with the conditions for conclusion of the Contract/Agreement are discovered after its entry into force, the Operator has the right to suspend the Contract/Agreement unilaterally until the moment such debts are paid by the Subscriber.

2.5. The contract with the subscriber concluded orally, is public and is effective from the date of activation of Starting package selected by the Subscriber. Terms of such Agreement are set out in these Terms of Use, Tariff plans of the selected Starting packages and accompanying background information. Terms of use shall be deemed a public offer to conclude the Agreement.

2.6. The subscriber who receives the service without signing the Contract/Agreement in written form may register with the operator by submitting their personal data in accordance with the law in the manner prescribed by the NCCIR.

2.7. To activate a Starting package the Subscriber shall unpack the Starting package, collect the SIM card, inserted it in their Terminal equipment and make the first call. Activation occurs after the first occasion: or after making first call, or receiving (getting) incoming call or text message. Activation of the Starting package shall be deemed as the consent of the Subscriber with the Terms of service and the chosen Tariff plan.

3. RIGHTS OF THE SUBSCRIBER

3.1. The Subscriber shall have the right to:

3.1.1. Receive ordered Services on timely basis.

3.1.2. Order and use services of their choice offered by the Operator in accordance with tariffs established by the Operator, taking into account the technical capabilities of the Subscriber’s terminal equipment.

3.1.3. Freely choose any other available tariff plan at the time of the introduction of changes by the Operator to the terms of service, tariffs, tariff plans for services (service packages) provided to the Subscriber. The absence of actions aimed at changing the tariff plan from the side of the Subscriber before the introduction of such changes shall be deemed as the Subscriber’s acceptance of such changes.

3.1.4. Abandon the Contract/Agreement concluded in written form in case of disagreement with the change of terms of service, tariffs, tariff plans for services (service packages), by approaching the Operator in person or through an authorized representative with a written statement on the refusal of service. The absence of the written refusal of the Contract/Agreement from the Subscriber’s side and continuation of the use of Services shall be deemed as the Subscriber’s acceptance of changed tariffs for services.

3.1.5. Receive free information from the Operator on:

  • their accounts, balance of advance payment, content, quality, cost and procedure of service, procedure of refusal of the ordered services;
  • procedure of return of unused part of funds from the Operator in case of refusal of prepaid services in cases and in order established by the law of Ukraine;
  • possible disturbances and changes in the mobile communication network of the Operator;
  • to claim freely upon written request to receive transcript (detailed bill) of gross amounts payable for the billing period to which the Subscriber has claims. Services provided impersonally are not subject to decipher.

3.1.6. For compensation of losses incurred as a result of failure or improper execution by the Operator of the obligations stipulated by the Contract/Agreement or by law.

3.1.7. Select tariff, tariff plant set by the Operator, change the list of services (service packages), temporary suspension or termination of servicing in the manner prescribed by the Contract/Agreement or by law.

3.1.8. Change of tariff package is at the request of Subscriber shall be made on any business day of the month, except for the last calendar day of the month. The cost of tariff package change service shall be determined by the actual tariffs of the Operators'.

3.1.9. Subscriber shall have the right to change the size of the permanent part of their credit limit by submitting a written request to the Operator’s customer care center (store).

3.2. The Subscriber shall have other rights provided by law, the Contract/Agreement and Terms of Useю

4. OBLIGATIONS OF THE SUBSCRIBER

4.1. To comply with the law, the Contract/Agreement, the Terms of Use.

4.2. To timely pay bills for services provided by the Operator in accordance with the procedure specified in the Contract/Agreement and the Terms of use, make advance payments prior to the actual use of the advance payments made earlier. By performing payment, the Subscriber shall confirm familiarization with payment rates actual at the moment of payment, tariff plans, Terms of use in edition actual at the moment of payment, other information related to obtaining services at the moment of payment, which may be found online at www.vodafone.ua.

4.3. To personally check the remaining advance on their personal account, if necessary make following advance payments. Shall the advance be completely depleted the Operator shall have the right to temporarily suspend and/or reduce the amount of mobile services provided to the Subscriber.

4.4. Immediately inform the Operator in writing on the following developments:

  • change of name, legal and actual location, mailing address, contact telephone number and other legal information along with the submission of new data;
  • theft or loss of passport — for individuals;
  • theft or loss of constitutional documents — for legal entities;
  • loss or theft of SIM card used by the Subscriber;
  • termination or bankruptcy of the Subscriber legal entity, but not later than initiated insolvency proceedings or liquidation process have been commenced.

4.5. Prevent the commercial use of the terminal equipment and subscriber lines to provide mobile services to third parties.

4.6. Prevent the connection of terminal equipment, which does not have a documentary confirmation.

4.7. In case the Subscriber transfers their SIM card or facilitates the use of it by a third party the Subscriber shall remain the one responsible for mobile communication and for the timely payment of bills.

4.8. Prevent fraud employing non-billed call intervals as well as routing violation related abuse.

4.9. Not to impersonate network IDs, not to use non-existent network IDs or those belonging to others, not to counterfeit (duplicate) ID cards, terminal equipment IDs.

4.10. Not to perform malicious calls, not to order or make offers regarding sending distribution of spam.

4.11. Prevent actions that may hinder safe operation of telecommunication networks, maintenance of the integrity and interoperability of networks, the protection of information safety, electromagnetic compatibility of radio electronic facilities, impede or prevent the provision of services to other customers.

4.12. Upon receipt of telecommunication services avoid actions not aimed at the meeting the needs of the telecommunications sector, due to which the Operator and/or other parties may be caused losses/damage.

4.13. Prior to the use of any service that was not ordered by the Subscriber previously review the rates and terms of its provision online at www.vodafone.ua.

4.14. The Subscriber shall have the other duties provided by law, the Contract/Agreement and Terms of Use.

5. RIGHTS OF THE OPERATOR

5.1. Demand from the Subscriber the fulfillment of all obligations specified in the Contract/Agreement and the Terms of use hereof.

5.2. Disconnect the Subscriber’s Terminal equipment, which does not have the document confirming the compliance to requirements of regulations in telecommunications sector issued in the established order.

5.3. Define and change tariffs for services, the mobile communication network coverage and list of roaming operators;

5.4. Define and modify the terms of servicing a list of services provided in the Operator’s network.

5.5. Refuse to conclude a Contract/Agreement, terminate the Contract/Agreement to reduce and/or suspend service provision under conditions in the Contract/Agreement and the Terms of Use. Upon termination of the Contract/Agreement and in presence of relevant reason the Operator shall reserve the right to charge a contractual sanction in amount, manner and on the grounds specified by Additional agreements on preferential terms (if any).

5.6. Refuse to provide services that are not charged on monthly basis, and services that require additional network resources (such as voice mail, data transfer, fax, etc.) in case the Subscriber fails to use the abovementioned services during three months by warning the Subscriber not later than 10 working days in advance.

5.7. Make changes to the Terms of Use by publishing a new edition at www.vodafone.ua and placing a notification there on the change of the Terms of Use.

5.8. In the case of use of services by the Subscriber while roaming the Operator shall reserve the right to include in the current accounting period services provided in the previous accounting period.

5.9. If case of full depletion of advances the Operator may temporarily limit and/or reduce the amount of mobile connection services provided to the Subscriber.

5.10. The operator shall have the right to define the amount of credit limit for the provision of services on the terms of the next payment, in excess of which the list of services is reduced or their provision is suspended.

5.11. The Operator shall have right not to conclude the Contract/Agreement without deposit in case of:

  • individual or legal entity has or wishes to connect to networks of four or more telephone numbers;
  • individual or legal entity has no permanent residence in Ukraine;
  • individual or legal entity is a representative of the foreign enterprise in Ukraine;
  • individual or legal entity orders international telephone connection or roaming services not in MTS branded store, information on location of the Operator’s branded stores may be found online at www.vodafone.ua.

5.12. In the event of late payment the Operator shall have right to:

  • charge penalty to the procedure established by law;
  • impose the volume limit on services or terminate their provision
  • reduce the list of services or terminate their provision;
  • change the procedure of payment.

5.13. Establishment and amount of deposit shall be defined by the Operator.

5.14. The Subscriber by signing the Contract/Agreement or by purchasing and/or using terminal equipment (starting package with SIM card) shall provide consent for processing of their personal data and/or transfer to third parties for purposes related to the provision and receiving of telecommunication services, execution of liabilities, customer care and conducting of technological or other processes of the Operator and also confirms their awareness of input of their personal data into the personal data vault of the Operator and of their rights established by law of Ukraine “On the protection of personal data”, the purpose and individuals their personal data is transferred to. The subscriber also gives consent to the processing of their personal data and/or its transfer to third parties in case of actions to provide their personal data to the Operator, including but not limited by means of submission of any registration forms for purposes related to their submission by calling the Operator or contacting in person.

The operator shall have the right to carry out processing of personal data, both independently and instructing the administrator of the personal data vault.

In case of the Subscriber’s appeal to the entity within the meaning of the agreement concluded with them may enter into contracts on behalf of the Operator to provide mobile communication telephone services or additional agreements to the denoted agreements, on any issues that fall under the authority of the entity, the Subscriber gives consent to the processing of personal data by the entity, the transfer if data to the Operator as a third party and subsequent transfer of these personal data from the Operator to third parties for the purposes defined herein.

6. THE OBLIGATIONS OF THE OPERATOR

6.1. The Operator shall be obliged to:

6.1.1. Fulfill the conditions of the Contract/Agreement and the Terms of Use hereof;

6.1.2. Provide free information to the Subscriber on provision and receiving of services ordered by them: changes in terms of services, changes in tariffs for services (service packages), changes in credit limits and other information in accordance with the law and the Contract/Agreement;

6.1.3. To restrict access to certain service types upon a written application from the Subscriber;

6.1.4. Inform the Subscriber on changes in tariffs, new services and terms of service of the Operator in the media or online at www.vodafone.ua The operator shall further inform the Subscriber in any way otherwise provided by law;

6.1.5. In case of change in terms of service, tariffs, tariff plans for services (service packages) provided to the Subscriber send messages containing information on the changes, the date and timing of their introduction, citing the website and/or telephone number;

6.1.6. Within 30 calendar days of written application for termination of Contract/Agreement provide the Subscriber with final statement by post. In the case of the Subscriber’s debt for roaming the final statement is given within a period not exceeding three (3) months from the date of termination of the Contract/Agreement;

6.1.7. Notify the Subscriber on the adjournment of the telecommunications network during scheduled maintenance, preventive and other works, as well as the failure on the telecommunications network if such breaks and accidents lead to termination of the services of more than 10% of subscribers for more than three hours;

6.1.8. Grant access their own information and reference telephone services, and information and reference telephone services of other operators on the terms and in accordance with Tariffs established by these operators.

6.1.9. Consider Subscriber written applications, proposals and complaints within the period established by the current legislation of Ukraine.

6.2. The Operator shall have other rights provided by law, the Contract/Agreement and Terms of Use.

6.3. The operator shall not be bound to disclose information on tariffs and coverage of international roaming partners, the availability and quality of services and shall not be responsible for the accuracy of this information in the event of its disclosure, and shall not be liable in the event of changes in tariffs, services and coverage of international roaming partners.

6.4. To ensure the protection of the Subscriber’s personal data.

7. THE PROVISIONS ON ADDITIONAL SERVICES IN THE OPERATOR’S MOBILE NETWORK

 


7.1. In the Operator’s Network the Subscribers shall be provided a variety of additional services of Content provider and a variety of additional services of the Operator.

7.2. By order of any additional services, including Content services, Additional Services the Subscriber agrees to receive the respective services.

7.3. The Operator shall not be responsible for the Content services. In the event of Subscriber’s claims concerning Additional services provided by the Content provider, the Subscriber shall apply directly to the Content provider specified by the Operator. The provision of Content services shall be carried out only after free 12-second notification to the Subscriber prior to its delivery. 

8. 

FORCE MAJEURE

 


8.1. The Parties shall not be liable in case of force majeure. The irresistible force implies exceptional or unavoidable external events that cannot be predicted and prevented, namely: war, natural disasters, fire, accidents and other events that may directly impede and render impossible the fulfillment of obligations by the Parties or lead to damage (loss of property), directly related to the implementation of this Agreement.

8.2. The Party falling under the influence of force majeure and, consequently failing to fulfill the obligations under the Contract/Agreement shall immediately (no later than five (5) days of their occurrence) notify the other Party by sending registered letter and providing the relevant evidence. Late notice of force majeure shall deprive the other Party of exemption from the obligations under this Agreement.

8.3. The circumstances of force majeure as defined herein shall be confirmed by the Chamber of Commerce of Ukraine or other valid document.

9. PAYMENT PROCEDURE 

9.1. Tariffs for all services (except those which set by Content providers) shall be set by the Operator independently and published in the media or online www.vodafone.ua.

9.2. The bills for services and advance payments shall be paid by the Subscriber by means of transfer to the current account of the Operator in national currency of Ukraine in cash and cashless form. In the payment order to pay for the monthly bill the Subscriber shall specify their phone / Contract number and personal account. In the presence of advance the bills sent by the Operator shall be paid by the Subscriber not later than to the fifteenth day of the month following the accounting month and upon the provision of services to the Subscriber on basis of previous advance payment, not later than the time of the actual use of the advance, and the subscriber shall have the possibility of obtaining services in the absence of funds in the personal account under the terms of the next payment (credit limit). The Credit limit consists of permanent and variable parts are defined by the Operator in to the procedure prescribed by The terms and in accordance with the Rules of provision and receiving of telecommunication services. The permanent part of the credit limit shall be set and changed by the Operator based on the analysis of volumes of consumed telecommunication services and/or period of use of these services by the Subscriber over the last 6 months within the existing three categories:

  1. credit limit #1 — 500 UAH which shall be provided to the subscribers using the service for less than 6 months in Vodafone tariffs.
  2. credit limit #2 — provided to subscribers before the end of the billing period and the period specified by the contract for payment for the services, but not more than 1 000 000 UAH., in which the average amount paid for each personal account number for the last 6 months is not less than 200 UAH per billing period, and the bills are paid timely for services rendered (based on the analysis of the last six months), regardless of the chosen tariff plan. Reduction of credit limit #4 for lower one shall be allowed according to the abovementioned categories of credit limit, upon submission of a written request by the Subscriber.
  3. credit limit #3 — provided to subscribers that are legal entities before the end of the billing period and the period specified by the contract for payment for the services, but no more than 5 000 000 UAH, under the criteria of the history of timely payment of bills, financial proofs and period of use of services under the existing categories of credit limit.

9.2.1. This variable part of the credit limit is determined by the Operator separately in each case for services under the terms of the next payment and constitutes the difference between the permanent part of the credit limit and the total value of services received by the Subscribers on basis of next payment prior to the receipt from network elements and/or data from roaming partners involved in providing services, information on their obtaining and updating of information regarding the status of the account balance in automated billing system for telecommunication services (billing system). After updating information regarding the status of the account balance in the billing system the Operator shall send to the Subscriber a text message containing information on changed amount of the credit limit.

9.2.2. Credit limit shall be provided to each Subscriber who concluded a written Contract/Agreement with the Operator.

9.3. The Subscriber shall pay a monthly subscription fee or cost of the package for services rendered and for maintenance of the number in the mobile network of the Operator depending on the tariff.

9.4. Subscribers who use the services without a written conclusion of the Contract/Agreement, shall make payments for the Services by means of refill cards or via refill codes that can be purchased from ATMs and in other ways.

9.5. The cost of services provided depends on the respective tariff and volume of services provided. Plans may include the possibility of paid / free change of the Tariff plan to another one, as indicated in the terms of the Tariff plan the change is made to (transition).

9.6. For the use of communication services abroad the Operator shall perform settlements with the Subscriber in accordance with actual tariffs for communication services of the Operator that are published by the Operator on its official website: www.vodafone.ua.

9.7. The Operator shall not be responsible for current rates of foreign roaming partners.

9.8. In the month of subscription to mobile connection networks the payment for some services shall be charged in proportion to the calendar days of the stay of the Subscriber plus the payment for the next month.

9.9. The number and value of services provided by the Subscriber within the billing period shall be determined according to the data of the technical means belonging to the Operator measuring duration, volume and value of services as well as according to the information provided by roaming partners.

9.10. The cost of the service package shall be billed and paid by the Subscriber for the next billing period in advance. The Operator shall have the right to impose limits on the size (amount) of money that can be deposited on the customer's account.

9.11. The cost of tariff (additional service package) is charged regardless of the receipt of services in the current billing period.

9.12. The operator shall refund the unused proportion Subscriber prepayments in cases provided by law.

9.13. The operator shall provide the refund within a period not exceeding thirty days from the request of the Subscriber if the legislation does not establish other terms. In case of debts of the Subscriber for roaming services, to determine the amount of which it is necessary to obtain the relevant information from the roaming partner the Operator shall provide a refund within a period not exceeding three months from the request of the Subscriber.

9.14. The Operator shall generate bill / bills for the Subscriber for the services provided for under their service number. Payments are to be received by the Operator within the time specified in the bill / bills, or in the case of failure to receive the bills by the 20th of the month following the accounting month. In the event of failure to pay the bill / bills and in the case of debt of the Subscriber, the Operator may temporarily limit and/or reduce the provision of mobile services. Content services and Additional services shall be charged and denoted in the bill separately.

9.15. In the payment order to pay the monthly bill the Subscriber shall specify their number, the Contract/Agreement and their personal account.

9.16. Failure to receive the bill/bills does not exempt the Subscriber from the obligation to pay for services rendered. In case the Subscriber did not receive bills for services rendered in the past month during the current month, they shall the opportunity to receive information regarding their account by calling the Customer care center.

9.17. The Subscribers’ written claims concerning the bills of the Operator shall be accepted only if they are received within the limitation period established by law and shall be considered within a month of their receipt. In this case, the Subscriber shall pay the claimed amount of the bill in full. Should the Subscriber's claim be justified the Operator shall considering the amount paid by Subscriber as an overpayment and consider it as an advance payment for the future services or return upon the request from the Subscriber.

9.18. In case of refusal to conclude the Contract/Agreement the Operator shall return the funds paid by the Subscriber during the subscription (except as provided by paragraph. 2.4 of the Terms of Use hereof) after receiving the funds on the account of the Operator by means of transferring the funds upon the request from the Subscriber.

9.19. Subscriber shall consider that that bills for services and additional services, details of the account, as well as other materials that may be it confidential for them and sent by the Operator via e-mail may become available for malicious individuals given the vulnerability of electronic communications. In this regard, the operator shall not be responsible for possible disclosure of confidential information in the event of unlawful intrusion into the Subscriber’s mailbox interception of messages during their delivery, as well as in other cases of malicious individuals obtaining access to confidential information of the Subscriber.

9.20. Documents confirming payment of bills shall be stored by the Subscriber for 3 years.

10. PROCEDURE OF TEMPORARY SUSPENSION AND/OR REDUCTION OF THE LIST OF SERVICES


10.1. Reduction of the list of services, temporary suspension of services may be initiated by the Operator or the Subscriber.

10.2. The operator can temporarily discontinue servicing as initiated upon written application from the Subscriber filed in person or remotely via means of communication, telephone call to 111 or otherwise. The Operator restricts communication services on the day of receipt of the application or as specified in the application. In case the application is received in the official non-business hours of the Operator (during weekend or public holiday) the restriction of communication is performed during the next working day. In case of loss of SIM card the limitations are implemented immediately. The statement must specify the desired dates and reasons for limiting services.

10.3. In the event of loss of the SIM card the connection may be limited for the period no longer than 30 calendar days upon the oral request from the Subscriber by calling the telephone number of Customer care center, while the Subscriber shall notify the Operator not only the phone number lost or the device with the SIM card lost but also the maximum possible information which the representative of the Operator might consider relevant to identify including personal data and receive from the Operator the registration number of application on SIM card loss. The Subscriber’s complaints on delayed suspension or termination of service due to loss of the SIM card shall not be considered without notifying the Operator about the Subscriber’s registration number. Until the limitation of communication service comes into effect the Subscriber shall be liable for services consumed using their telephone / telephones number / numbers which are subject for payment on the general basis.

10.4. The operator may temporarily stop providing services on their own initiative in case of:

10.4.1. arrears in payment for services;

10.4.2. in the event of depletion of the funds on the account balance or reaching the the amount of the credit limit.

10.4.3. the Subscriber individual entered into bankruptcy proceedings or legal entity entered the process of liquidation or the Subscriber’s bank account or property were seized;

10.4.4. unauthorized interference with the operation and/or use of the Operator’s telecommunication networks operators were detected from the side of the Subscriber;

10.4.5. the fact of sending spam by the Subscriber was found out;

10.4.6. the Subscriber uses the mobile communication network of the Operator for immoral actions, placing malicious calls, sending and distributing spam, as well as actions that violate or may violate public order, infringe on the honor and dignity of citizens and businesses or cause their claims, or those that could cause or lead to decrease in quality of services provided by the Operator to other subscribers, or abused the rights granted to them under the Contract/Agreement / Terms of use and terms of service / tariffs / or in other forms;

10.4.7. the Subscriber without the prior written permission from the Operator is using technical means for switching and/or routing (forwarding) of incoming and/or outgoing calls using tone dialing signals through any routing equipment (GSM-Gateway type equipment) or sends short text (SMS) and/or multimedia (MMS) messages for advertising purposes;

10.4.8. in other cases defined by law.

10.5. Should the Subscriber be provided limited scope of services according to in clause 10.4 of the Terms hereof, the fee for the maintenance of number in the mobile network is charged according to the tariffs defined by the Operator. The Subscriber shall retain their telephone number. Phone numbers disabled on initiative of the Operator are usually stored no longer than 3 calendar months.

10.6. Provision of mobile connection services shall be resumed upon elimination of conditions specified in clause 10.4. of the Terms hereof.

10.7. Activation the phone number after a temporary suspension due to debts shall be done upon actual crediting of the Subscriber account.

10.8. In the case of restriction of mobile connection services, as provided in clause 10.4 and failure to meet the requirements provided in clause 10.6 hereof the Operator shall reserve the right to offer the Subscriber subscription to other tariff plans. In case of refusal from the Subscriber to subscribe to other tariff plans, the Operator shall have the right to unilaterally terminate the contract with the Subscriber 

11. PROCEDURE OF TERMINATION OF THE AGREEMENT

11.1. The action of Contract/Agreement shall be terminated under the following conditions:

  • Upon written request by the Subscriber's, submitted in person;
  • The refusal of the Operator to further provide services to the Subscriber in the cases specified in clauses 11.2 of the Terms hereof.

11.2. The action of Contract/Agreement in case of refusal of the Operator to further provide the services to the Subscriber may be terminated (repealed) in case:

  • Outstanding arrears of payment for the services within the term specified in the Contract/Agreement;
  • Subscriber provided false information or documents about themselves;
  • Subscriber — legal entity was declared bankrupt or ceased operations to procedure provided by law;
  • The subscriber uses the services not only to meet their own needs in communication services, but also provides routing of calls through the networks of the Operator for other communication services consumers to telephone networks of general use, including the network of the Operator;
  • When the Subscriber for at least three months from the date of card activation and/or last session to obtain services fails to consume the services that are not charged a monthly fee while requiring continuous use of additional resources of telecommunication networks provided the Subscriber was warned of this at least ten working days prior to this moment;
  • The Subscriber uses the mobile connection network of the Operator for immoral acts, and those who violate or may violate public order, infringe on the honor and dignity of citizens and businesses or cause their claims, or that could result or lead to reduction of quality of the Operator’s services to other subscribers, or abused the rights granted to it under the Contract/Agreement, in other forms;
  • The Subscriber without the prior written permission from the Operator is using technical means for switching and/or routing (forwarding) of incoming and/or outgoing calls using tone dialing signals through any routing equipment (GSM-Gateway type equipment) or sends short text (SMS) and/or multimedia (MMS) messages for advertising purposes;
  • In other cases defined by law.

11.3. In case of violation of provisions of Contract/Agreement, Terms of Use or legislation by the Subscriber the Operator shall have the right to terminate provision of services for all SIM cards used by the Subscriber.

11.4. To terminate the Contract/Agreement on their own initiative the Subscriber shall submit the application on the termination of the Contract/Agreement either in person or through an authorized representative. Legal entities in exceptional cases, may submit an application to terminate the Contract/Agreement by mail. The application must be signed by the company director and certified with the seal.

11.5. Termination of Contract/Agreement shall not exempt the Subscriber from paying bills for services rendered and the final bill for services actually rendered in the month of termination of the Contract/Agreement. The final statement shall be paid in terms specified in it.

11.6. The successors of the Parties entering into the Contract/Agreement on provision of mobile services are subject to all provisions of the Terms of Use and the Contract/Agreement. In case of death of the Subscriber individual – the Contract/Agreement shall be terminated, and the remainder of deposited funds may be returned to their heirs. The Contract/Agreement shall be terminated in case of receiving by the Operator of notarized copy of the death certificate or upon presentation of original death certificate by the family and/or relatives. 

12. LIABILITY OF THE PARTIES

12.1. The Operator and the Subscriber shall be bound to duly fulfill the Terms of service and the Contract/Agreement and abide by the laws of Ukraine. Failure or improper fulfillment of the Terms hereof and the Contract/Agreement entails liability provided by the legislation of Ukraine, with consideration of the provisions of the Contract/Agreement and the Terms of service.

12.2. Parties shall not be liable for failure to fulfill obligations arising from the Terms of service hereof and the Contract/Agreement other than financial in case such failure occurred by force majeure.

12.3. The Operator shall not be liable for any damage caused to the mobile connection networks by physiographic factors in the location of the Subscriber’s mobile phone (storm, relief features, influence of local electromagnetic fields, etc.), or the phone being out of range of mobile connection network. The operator shall also not be liable to any extent for consequential damages or lost profits that may arise.

12.4. Claims as to the mobile communication services will be accepted only if they are received within the time specified by the current law for submission of claims of similar nature, and are considered within a month of their receipt.

13. INDEMNIFICATION

13.1. In the process of indemnification of damages dealt to the Subscriber as the result of the Operator's activities the Parties shall be governed by the Contract/Agreement and Terms of service, and in part not regulated by the Terms of service and the Contract/Agreement by law of Ukraine regulating relations on this issue.

13.2. The subscriber may request from the Operator the compensation for direct damages only in case they arose due to the fault of the Operator and the fact of this it has been confirmed.

13. QUALITY AND ZONE OF COVERAGE OF THE OPERATOR’S NETWORKS

14.1. The services are provided to the Subscriber 24 hour per day in quality define by the order of the Ministry of Transport and Communications #147 as of 19.03.2010 “On definition of levels of quality for mobile (cell) communication services".

14.2. Mobile communication by virtue of its natural propagation features may deteriorate in quality, become interrupted or accompanied by interference from nearby buildings, tunnels, basements and other underground structures through local terrain features and buildings, weather conditions and other reasons. In this respect, interference or lack of connection in certain locations, or excessive traffic and communication in certain locations and at certain times, which may adversely affect the availability and signal strength shall not be deemed as improper execution of obligations by the Operator. 

15. FINAL PROVISIONS

15.1. The Terms of service shall be defined independently by the Operator and are subject to change by the Operator with mandatory notification of the Subscribers online at www.vodafone.ua. In case of disagreement of the Subscriber with changes made to the Terms of service, the Subscriber shall terminate the Contract/Agreement within one week from the time of actual or possible notice. Failure to terminate the Contract/Agreement and continued use of the Service shall be deemed as acceptance of the amendments to the Terms of use by the Subscriber.

15.2. The Terms of service come into force from the date of publication on the site and shall be effective until their repeal by the Operator. For the Subscribers who entered into the Contract/Agreement before the entry into force of these Terms of service, the Terms of service shall apply to the extent they do not contradict the terms of the Contract/Agreement.

15.3. All disputes arising out of these Terms of service or the Contract/Agreement shall be resolved by the Parties through negotiations. Shall negotiations fail to produce solution, the matter shall be submitted to the appropriate court under the rules of jurisdiction defined by the current legislation of Ukraine.

15.4. The Terms of service hereof are prepared in Ukrainian, Russian and English and shall have the same effect. In case of any discrepancies in the texts, the Ukrainian text shall prevail.

16. OPERATOR’S CONTACT INFORMATION

PrJSC "VF Ukraine", 15, Leiptsyzka Str., Kyiv, Ukraine, 01601.

Address for submitting complaints (applications, appeals) to the Operator, the order and timing of consideration of applications and complaints, as well as postal and e-mail addresses to which the Subscriber may submit questions concerning the provision of telecommunications services to the Operator and NCCIR can be learned via a call to a free short number 111. If Subscriber contacts the Operator by phone, he/she agrees that telephone conversation may be recorded to monitor the quality of Customer care.