1. GENERAL PROVISIONS
1.3. Definition of Terms:
- Abnormal call intensity – direction of the international and/or national (long distance and local) calls on the network of other telecommunications operators over one hour to the same destination.
- Agreement/Contract – a transaction concluded between the Operator and the Subscriber according to which the Operator undertakes to provide services upon the Subscriber's request, and the Subscriber pays for these services. An individual number linked to the phone number and the personal account whereto the phone number is registered are specified in Supplementary Agreement as the Agreement number.
- Additional services – the services of the Operator, which may be provided to the Subscriber apart from the basic telecom services in accordance with the tariffs. Additional services include the following services of the Operator: re-connection to the network and/or entertainment, informational services, etc.
- Advance payment – the Subscriber’s prepayment for the services of the Operator.
- Basic operator – the telecommunications operator whose network provides basic telecommunication services;
- Billing period – one calendar month when the Service is provided to the Subscriber. The beginning of the period is the date of actual connection of the Subscriber or the charging of the subscription fee for the Service.
- Commencement date of service provision – the provision of services is carried out in case of conclusion of the Agreement/Contract and their payment.
- Content provider – a legal entity that provides additional Services to Subscribers on the Operator's network using telecommunication networks, technical communications equipment of the Operator.
- Content service – an additional, informational, inquiry, customized, entertainment or other service, including the service received via the 900 service code which is provided by operators, providers with the use of telecommunication networks, technical communication equipment not included in the corresponding Tariff Plan and received by the Subscriber upon his/her consent as per the procedure established for such service and shall be paid by debiting funds from the Subscriber's personal account.
- Cost of Service Package – a fee which is indicated for the use of Service Package for the period of time during which such use is possible under the tariff plan. Various rate can be applied for the same services within the confines of various tariff plan.
- Credit limit (provision of services upon the next payment) – the amount established by Operator, within the limits of which the Services can be rendered, if there are no funds on the Subscriber's Personal Account.
- Denial of service – refusal to service the terminal equipment of the Subscriber due to influence on the computer system to make computer resources unavailable to its intended users.
- Donor operator – the telecommunications operator whose numbering range is carried by the transfer of a subscriber number by the application of the subscriber and in the network of which telecommunication services were provided at this subscriber number prior to its transfer.
- Down payment – the amount paid by the Subscriber to confirm the obligations stipulated in the Agreement/Contract and to ensure its implementation, and may be used as the payment for services to be provided by Operator to the Subscriber in accordance with the Agreement/Contract and which remains with the Operator in case of terminating the contractual relations due to the Subscriber’s fault until the down payment is used.
- Identification telecommunication card – the means used to identify the Subscriber's terminal equipment in a telecommunication network (SIM card).
- Initiator operator – the telecommunications operator, from the network of which a call and / or message to a subscriber number is initiated, including those carried over.
- False or faulty responder – use of a software device that enables the fraudulent billing of call duration.
- Malicious calls – occasional, repetitive or massive connections, including the connections to the telephone numbers of emergency medical services, call centers or service desk of the Operator, as well as distribution of messages about promotions, drawings, contests, service provision, products, goods which have not been ordered, proposals to top up the personal account which were not sent by the mobile carrier, but which cannot be stopped and which causes moral and/or material damage to the Subscriber and/or the Operator.
- Mobile number portability – a telecommunication service which is been provided to Subscriber on the base of his application and includes preservation a mobile number for Subscriber in case if he wants to change Operator, which is providing mobile communication services on this number.
- Operator – a business entity entitled to operate in the telecommunication sector and having the right to telecommunication networks maintenance and operation of telecommunications networks.
- Operator's network – a complex of technical means of telecommunications and communication facilities of the Operator combined in a single technological process to provide Subscribers with the mobile communication services.
- Operator's Service Desk – the Customer Care Center, where the services are remotely provided to Subscribers, as well as the Operator's stores and authorized dealer shops, where the face-to-face services are provided during the visit of Subscribers and potential Customers of the Operator. The Operator’s Service Desk performs no maintenance and repair of the Subscriber's terminal equipment.
- Profile – change of the traffic type in order to maximize the profits due to its routing at another calculated rate.
- Roaming – a service that allows the Subscriber of one Mobile Operator to receive services on the network of another Operator with the Subscriber’s original registration remained in the local Operator's telecommunication network.
- Roaming partner – an operator who signed a Roaming Agreement.
- Reduction of the list of services – stopping the provision of services by the operator (services for the period and in cases stipulated by the law to ensure the technical feasibility of providing it (them) to the subscriber.
- Recipient operator – the telecommunications operator to which an application for the provision of services for the transfer of subscriber numbers has been submitted and to which the transfer of a subscriber number is carried out.
- Services – mobile services offered by the Operator and upon the receipt of which the Subscriber’s terminal equipment can freely move in the telecommunication network of the Operator or its roaming while keeping the subscriber number or network identifier. Calculated maximum data transmission and receipt speed for Internet access services designed for the mobile (portative) communications within 3G network (HSPA +) is up to 42 Mbit/s, within 2G network (EDGE/GPRS) - up to 300 Kbit/s.
- Service Package – a list of services determined by the tariff plan which has a limited term of validity. The Operator installs and offers on the subscriber's decision tariffs for selected services and/or tariff plans for list of services, along with validity term of such services, determined by Operator.
- Spam – unsolicited e-mails, text and/or multimedia messages that are deliberately and/or en masse sent to the emails or terminal equipment without the prior consent (request) of the subscriber or the operator, except for the Operator's messages regarding the provision of telecommunication services or messages of government bodies if required by applicable law.
- Starter kit – the means for ordering and prepayment of services which enables the Subscriber to start using the Operator's Services within the limits of the specified means and which contains the SIM card and other supporting materials.
- Subscriber – a consumer who receives telecommunication services for own needs under the terms and conditions of the contract (or receives services without signing a written Agreement/Contract), which stipulates the connection of terminal equipment owned or used to the telecommunication network. The terms of provisioning services to Subscribers who use services without entering into the Agreement/Contract are also regulated by additional guides and instructions on the use of these services.
- Subscription fee – a fixed payment that a telecommunication network Operator sets as payable by Subscriber for the continuous access to such Operator’s network irrespective of the services received.
- Subscriber’s consent – a will expressed by the Subscriber in any manner, including the commission of actions that may be recorded by the Operator's equipment, the Content Provider (voice, text message, use of dual tone dialing, etc.).
- Tariff – a document containing the list, description, cost of the Services and Additional Services provided by the Operator.
- Tariff plan – a set of offers proposed by Operator to the Subscriber regarding the cost, terms and volume of certain Services.
- Termination of services under the Agreement/Contract – the final termination by the Operator of the provision of one, several or all services to the Subscriber due to the termination of the Agreement or the terms and conditions of the Agreement/Contract, as well as in cases as provided by applicable law.
- Terminal equipment – equipment designed for connection to the telecommunication network end point to ensure access to telecommunication services.
- Top-up voucher – a card to top up the Subscriber’s personal account in order to pay for services of the Operator, the Content Provider within the limits of this card.
- Traffic loop – a deliberate routing error that leads to the routing of traffic flow in the opposite direction.
- Unproductive traffic – directing to the operator's telecommunications network five or more calls per minute that have zero duration and do not end up with the provision of telecommunication services, which causes the unproductive use of channel capacity and negatively affects the traffic service quality.
- Unauthorized interference with the operation and/or use of telecommunication networks – the actions recorded in the Act of violating the rules for the provision and receipt of telecommunication services and caused the leakage, loss, forgery, blocking, distortion or destruction of information; violation of the voice traffic routing mechanism; receipt of services for free or at rates lower than the tariff established; distribution of computer viruses (malicious software); refile; abnormal call intensity; unproductive traffic; false or faulty answering machine; traffic loop; denial of service.
2. REQUIREMENTS FOR PROVISION AND RECEIPT OF SERVICES
2.1. The mobile services are provided to the Subscriber on the basis of the Agreement/Contract. The Agreement/Contract is the main document that defines the legal relations between the Operator and the Subscriber and meets the basic requirements for the Agreement, established by the NCCIR.
2.2. The Agreement/Contract cannot be concluded if:
- the Subscriber - an individual is under 18 or the Subscriber is legally incapable (partially incapacitated);
- the Subscriber has a debt towards the Operator for the services previously provided and it is duly documented;
- the Subscriber has not provided the necessary copies of documents confirming the legal status, obligatory details and powers of persons entering into the Agreement/Contract (the Power of Attorney for legal entities, except for CEO, for individuals – the notarized Power of Attorney). In the event of any deficiencies, contradictions or other violations revealed during the verification of documents submitted, the Operator has the right to deny the conclusion of the Agreement/Contract to the Subscriber.
2.3. For the conclusion of the Agreement/Contract, the Subscriber shall provide the Operator with the following documents and information:
2.3.1. Legal entities – residents, individuals –entrepreneurs:
- information on the state register in the USR (full name of the legal entity, identification code of the legal entity/individuals –entrepreneurs;
- Passport of a citizen of Ukraine, certifying the identity of the holder and confirming the citizenship of Ukraine;
- power of attorney and passport of the representative of the legal entity / individuals –entrepreneurs.
Constituent documents formalized in accordance with the procedure established by law, particularly notarized or apostilled (depending on the country). The following documents are possible:
- information about the state register in the USR (full name of the legal entity, identification code of the legal entity);
- a document on the absence of arrears in relation to the payment of taxes and other registration payments;
- power of attorney and passport of the representative of the legal entity.
2.3.3. Individuals - residents:
Valid passport of a citizen of Ukraine:
- Passport of a citizen of Ukraine (ID card with electronic contactless ship);
- Passport of a citizen of Ukraine (ID card without electronic contactless chip);
- Passport of a citizen of Ukraine (a soft booklet);
- Passport of a citizen of Ukraine which contains the data about the place of registration in the Crimea with the obligatory certificate of registration of a person moving from the temporarily occupied territory of Ukraine or the anti-terrorist operation zone;
- A temporary certificate confirming the identity of a citizen of Ukraine (issued in case of the loss of the passport of a citizen of Ukraine);
- Refugee Certificate (for refugees);
- Identification Number Certificate;
2.3.4. Individuals – non-residents:
- Valid passport of a citizen of the foreign country with a note on registration of a foreigner at a checkpoint across the state border of Ukraine (with a visa having at least six months of validity) or an immigration card or certificate issued by the Border Service, and for a stateless person - a certificate for a temporary (permanent) residence in Ukraine;
- Information about the place of residence (postal address, e-mail) in Ukraine on a permanent or temporary basis;
- Information about the contact number in Ukraine.
2.3.5. The foreign diplomatic representatives (embassies, consulates) issue a Certificate of Accreditation in the Ministry of Foreign Affairs of Ukraine and a document certifying the signing powers of a person concluding the Agreement/Contract.
2.4. If the circumstances (the availability of debts under telecom services previously provided by the Operator), which are in conflict with the terms and conditions of the Agreement/Contract, are identified after effective day of the Agreement, the Operator is entitled to suspend the Agreement/Contract on an unilateral basis until the Subscriber pays off such a debt.
2.6. A Subscriber who receives the service without a written conclusion of the Agreement/Contract can pass the registration by providing the personal data to the Operator in accordance with the law and as per procedure established by the NCCIR.
3. SUBSCRIBER’S RIGHTS
3.1. To receive the ordered Services in due time.
3.2. To order and use services offered by the Operator according to the rates defined by the Operator, taking into account the technical capabilities of the Subscriber's terminal equipment.
3.3. To choose at no cost any other tariff plan available for connection when the Operator introduces the changes to the service, tariffs, tariff plans for services (service bundles) provided to the Subscriber. A lack of actions by the Subscriber aimed at changing the tariff plan prior to the introduction of these changes provides evidence of the Subscriber’s consent to such changes.
3.4. To cancel the written Agreement/Contract in the event of disagreement with changes to the service, tariffs, tariff plans for services (service bundles) by addressing the Operator in person or through the authorized representative with a written request for service cancellation. The absence of the Subscriber’s refusal from the written Agreement/Contract and continuation of the use of Services shows the Subscriber's consent to the changed tariffs for services.
3.5. To receive at no additional charge the detailed information on the content, quality, cost and service provision, as well as the procedure for the refund by the Operator of unused funds in case of refusal from the prepaid services as provided by applicable law and in accordance with the procedure established by the legislation of Ukraine, as well as an agreement of adherence for implementation of the charity telecommunications notice (if any).
3.6. To receive free of charge and upon written request (application) the breakdown (the detailed bill) of the accrued due payment for the billing period appealed by the Subscriber. The general-purpose Services are not subject to the detailed breakdown.
3.7. To be recompensed for losses caused by non-performance or improper performance by the Operator of the obligations specified by the Agreement/Contract or legislation.
3.8. Choosing the tariff, the tariff plan established by the Operator, changing the list of services (service bundles), the reduction of the list of services or the termination of the services provision in accordance with the procedure set by the Agreement/Contract or legislation. Free choice for reducing the list of services by the Operator, if there are no funds on the Subscriber's personal account the amount specified in the Contract reached the limit.
3.9. The tariff package is changed at the Subscriber’s request on any business day of the month, except for the last calendar day of the month. The cost of tariff package change is determined by the Operator's current tariffs.
3.10. The Subscriber is entitled to change the amount of the fixed amount of the credit limit by applying in writing to the Operator's Support Center (the store).
4. SUBSCRIBER’S OBLIGATIONS
4.2. To immediately inform the Operator about the following circumstances:
- change of the surname, legal and actual place of location, postal address, contact number, other legal details together with the provision of new data;
- stealing or loss of a passport - for individuals;
- constituent documents – for legal entities;
- loss or stealing of the SIM card used by the Subscriber;
- termination of the activities or bankruptcy of the Subscriber - a legal entity, but not later than the bankruptcy or liquidation proceedings are initiated.
4.3. To prevent commercial use of the terminal equipment and subscriber lines for the provision of mobile communication services to third parties.
4.4. To avoid connecting the terminal equipment without any confirmation document.
4.5. If the Subscriber transferred his/her SIM card or allowed to use it by a third person, the Subscriber shall be a person responsible for the use of mobile communication and timely bill payments.
4.6. To avoid unauthorized interference with the operation and/or use of telecommunication networks.
4.7. To refrain from falsification of the network identifiers, using the non-existent network identifiers or those owned by other persons, not to fake (duplicate) the identity cards, end-user ID, and/or ID card programming.
4.8. To avoid making malicious calls, ordering, offering and distributing the spam.
4.9. To prevent actions that can interfere with the safe operation of telecommunication networks, maintenance of the integrity and interaction of such networks, protection of their information security, electromagnetic compatibility of electronic means, or can make it difficult or impossible to provide services to other consumers.
4.10. Prior to the use of any service that has not been previously ordered by the Subscriber, the Subscriber shall get familiarized with the tariffs and terms of its provision at www.vodafone.ua.
5. OPERATOR’S RIGHTS
5.1. To change the coverage area of the telecommunication network and the list of roaming partners (operators).
5.2. To establish and amend the terms of provision and list of services, tariffs for services rendered on the Operator's network.
5.4. To refuse from the future provision of services having no monthly subscription fee and requiring additional network resources (such as Voice Mail, Data Transfer, fax, etc.), if the Subscriber does not use these services within 3 (three) months having notified the Operator about it in 10 (ten) business days.
5.6. In case of use by the Subscriber of roaming services, the Operator reserves the right to include the services received within the previous accounting periods into the current settlement period.
5.7. The Operator has the right to determine the credit limit for service provision based on the next payment, in the event of amount excess, the list of services will be reduced or their provision will be terminated.
5.8. The Operator has the right not to enter into the Agreement/Contract without a down payment, if:
- an individual or legal entity has or wants to connect four or more phone numbers to the Operator's network;
- an individual or legal entity does not have a place of permanent residence in Ukraine;
- an individual or legal entity is a representative of a foreign company on the territory of Ukraine;
- an individual or legal entity orders international telephone and roaming services not in the Operator's store, the location of the Operator's stores is available at www.vodafone.ua.
5.9. In case of late payment the Operator is entitled:
- to charge a penalty in accordance with the procedure established by the legislation;
- to determine the maximum volume of services or terminate their provision;
- to reduce the list of services or to stop providing them;
- to change the payment method.
5.10. The establishment and amount of the down payment is determined by the Operator.
5.11. By signing the Agreement/Contract or purchasing and/or using the terminal equipment (Starter kit with a SIM card) the Subscriber gives consent to processing personal data and/or transfer to third parties for purposes related to the provision and receipt of telecommunication and information services, the execution of money liabilities, customer service and maintenance of technological or other processes of the Operator, and also confirms that he/she is aware of their inclusion of the personal data in the Operator’s databases and on the rights, defined by the Law of Ukraine "On Protection of Personal Data", the purpose of the data collection and the persons whom his/her personal data are transferred to. The Subscriber also gives consent to the processing of own personal data and/or transfer to third parties in case of personal data provision to the Operator, including, but not exclusively, by completing any registration forms for the purposes related to their completion by contacting the Operator by phone or addressing personally. The Operator has the right to process personal data either on its own initiative or through the administrator of the personal data database. If the Subscriber makes a request to a business entity which, in accordance with the subject-matter of an agreement concluded, has the right to conclude contracts on the provision of mobile (portable) communications services or supplementary agreements to the specified contracts on behalf of the Operator, on any issues pertaining to the authorities of this business entity, the Subscriber gives consent to the processing of personal data by this business entity, their transfer to the Operator as a third party and the subsequent transfer by the Operator of these personal data to third parties for purposes, specified herein.
6. OPERATOR’S OBLIGATION
6.1. To reduce the list of services in the absence of funds on the Subscriber's personal account or reaching the amount specified in the agreement, except for the services provided for a certain period in accordance with the terms of the tariff plan.
6.2. To provide free of charge the information to the Subscriber on the provision and receipt of services ordered by the Subscriber: changes in the terms of service, tariffs for services (service bundles), the credit limit and other information in accordance with the legislation, as well as the terms and conditions of the Agreement/Contract.
6.3. To inform the Subscriber within seven calendar days about the changes in tariffs, the introduction of new services and terms of the service provision by the Operator in mass media or at www.vodafone.ua. The Operator may additionally notify the Subscriber in another way prescribed by law.
6.4. In case of changes in terms of service provision, tariffs, tariff plans for services (service bundles) provided to the Subscriber, to send messages containing the information about the changes, the date and time of their introduction with links to the website and/or telephone number;
6.5. To provide the Subscriber with the final balance within 30 (thirty) calendar days from the date of signing the termination of the Agreement/Contract. In case of any roaming debts of the Subscriber, the final bill shall be provided within a term not exceeding 3 (three) months from the termination date of the Agreement/Contract.
6.6. To inform the Subscriber about the breaks in the work of the telecommunication network during the scheduled repair, preventive and other works, as well as about accidents on the telecommunication network, if such breaks and accidents lead to the termination of the provision of services to more than 10% of Subscribers for a period of more than three hours.
6.7. To provide access to its own information telephone services, as well as information and reference telephone services of other operators on terms and in accordance with the Tariffs established by these operators.
6.9. The Operator shall not disclose information on tariffs and coverage of foreign roaming partners, availability and quality of services and is not responsible for the accuracy of such information in case of its public availability and also is not liable in the event of changes in tariffs, services and coverage of foreign roaming partners.
6.10. To ensure the protection of the Subscriber’s personal data in accordance with the current legislation of Ukraine, and for Subscribers-residents of the EU member countries with accordance provisions of the General Data Protection Regulation (Regulation (EU) 2016/679). In particular, to process the subscriber personal data based on the unambiguous and confirmed Subscriber’s Consent, as well as to profile personal data in order to provide telecom services or for any other purpose which is explicitly informed to and agreed by the Subscriber. In the presence of the confirmed Subscriber’s request, the Operator shall depersonalize (anonymize) the processed personal data, restrict and/or terminate its processing. In case of leakage of the processed personal data, the Operator shall inform the personal data owner and the responsible public authority (the controlling authority of the EU country – for Subscribers-residents of the EU member countries) in accordance with the established procedure.
7. ADDITIONAL SERVICES (CONTENT SERVICES) IN THE OPERATOR’S NETWORK
7.1. The services of the content providers as well as the Operator’s Additional Services may be rendered to the Subscriber in the Operator’s network.
7.2. By ordering any Additional Services, including Content Services, the Subscriber grants consent to the receipt of the relevant services.
7.3. The Operator shall not be liable for the Content Services. In case of the Subscriber’s complaints to the Additional Services rendered by the Content Provider, this Subscriber shall contact directly the indicated Content Provider indicated by the Operator. The provision of the Content Service is carried out only after a free 12-second message prior to the provision of such a service about the name of this service and the tariff for its receipt.
8. PROCEDURE FOR THE PROVISION OF SERVICES FROM DELIVERY OF SUBSCRIPTION RATES (hereinafter -PPS)
8.1. The right to PPN has subscribers who receive telecommunication services under the terms of a written agreement on the provision of telecommunication services or registered with a donor operator in accordance with the Procedure for registration of subscribers who receive telecommunication services without signing a contract in writing, approved by a decision of the National Commission for regulation of communications, of Ukraine.
8.2. The operator must:
1) to provide subscribers to the PPN within the territory of Ukraine in accordance with the license;
2) inform subscribers through the mass media, website, subscriber service points or in any other way about the conditions and procedure for the provision of PPNs;
3) Provide telecommunication services on equal and non-discriminatory terms to subscribers in their network with their own number resource and those subscribers who have transferred their subscriber numbers to the network of this operator;
4) to use the subscriber's chosen tariff plans of the recipient operator, available for connection at the time of transfer of the number;
5) to provide in accordance with the legislation protection of personal data about the subscriber, received at ordering or rendering services;
6) Routing traffic (Voice telephony, short text (SMS) messages) to transferring subscriber numbers;
7) in the case when the PPN needs to replace the end-use equipment used by the subscriber, to inform the subscriber when receiving from him an application for the transfer of a subscriber number regarding the necessary technical characteristics of the end-equipment that can be used to receive services in the network of the recipient operator, as well as, if possible the type and conditions of the acquisition of such end-use equipment.
8.3. A subscriber who wishes to receive an PPN shall contact the receiving operator with an application executed in one of the following ways:
- in writing to the customer service point of the receiving operator;
- remotely using telecommunication with the help of a telephone;
- filling in the interactive application form on the official website of the recipient operator.
8.4. Requirements for the application.
The statement shall be indicated:
1) subscriber number (s), transfer of which (required);
2) the name of the base operator;
3) name of the receiving operator;
4) another telephone number or e-mail address for feedback;
5) he desired time of transfer of the subscriber's number (numbers);
7) the selected tariff and / or tariff plan in the network of the receiving operator and terms of payment;
8) for subscribers - legal entities - full name, location and identification code according to the Unified State Register of Enterprises and Organizations of Ukraine. The authorized person of the subscriber-legal entity must present the original of the document confirming the authority to carry out the transfer of the subscriber's number (s) of such legal entity;
9) or subscribers - individuals, the name, patronymic, place of residence, series and passport number or other identification document is indicated in the application;
10) if the subscriber plans to receive telecommunication services on the basis of a written agreement, in addition to the application, he provides the information provided by the legislation for the conclusion of the contract on provision of telecommunication services in writing.
8.5. After receipt of a written or executed remotely by means of communication means subscriber's request to terminate the provision of services (services) in connection with PPN to the network operator-recipient, the base operator stops the basic provision of telecommunication services (services) and the payment of subscriber fees at the time of completion of the PPN.
8.6. Operator has no right:
1) impose restrictions on subscribers as to the possibility of receiving them the PPN, including if there are unfulfilled obligations under the agreement on provision of telecommunication services with the basic operator;
2) The donor operator has no right to assign a transferred subscriber number to another subscriber until receiving a message from the receiving operator about the release of this number;
3) after the termination of the provision of telecommunication services to the subscriber using the transferred number, the base operator (except in the case where the base operator is a donor operator) has no right to use this number and shall notify about its release by the donor operator and the administrator no later than in 24 hours.
8.7. Before establishing a connection with the transferred subscriber numbers, the operator-initiator informs the calling party, by providing a corresponding voice message, about the call to the transferred subscriber number.
8.8. Operator's obligations as the payer's operator:
1) to explain to the subscriber his rights and obligations, conditions of provision of telecommunication services according to the chosen tariff plan;
2) the procedure, conditions and cost of providing the PPN, indicating the period of time during which telecommunication services will not be provided at the appropriate subscriber number, and the specific moment of completion of the transfer of this number;
3) upon receipt of an application to the receiving operator from the subscriber to receive the PPN, the receiving operator fixes the date and time of receipt of the application and within 8 working hours from the moment of the registration of the application, asks the base operator about the possibility of implementing the PPN for a particular subscriber number and informs the administrator thereof. The request of the recipient operator must contain the subscriber number and surname, name and patronymic of the individual or the name of the legal entity;
4) he base operator within 8 working hours from the receipt of the corresponding request from the recipient operator informs the receiving operator about the possibility of providing an ATP for a particular subscriber number or the reasons for refusal to transfer the subscriber number;
5) to inform the subscriber about the possibility of providing an APN of mobile (mobile) communication - time and place for obtaining an identification telecommunication card, in case of necessity of the final equipment and conclusion of the contract. Upon receipt of the message, the subscriber must, at the time and place determined by the payee operator, receive an identification telecommunication card o conclude a contract and, if necessary, to purchase the final equipment upon presentation of a document certifying an individual or authorized person of the subscriber, a legal entity, and an identification telecommunication card, on which he received the telecommunication services of the basic operator whose subscriber number he wishes to transfer, In case if the subscriber did not come through an identification telecommunication card and / or did not enter into an agreement within the term specified by the payee-operator, the provision of the PPN is suspended. If the subscriber has not arrived at the receiving operator within 30 calendar days, the application to the PPN is canceled and the subscriber continues to receive telecommunication services from the base operator.
6) inform the base operator and the subscriber about the specific moment of completion of the transfer of the subscriber's number in a convenient way for the subscriber.
8.9. Until the completion of the PPN, the base operator is required to provide telecommunication services to the subscriber who submitted the PPN, in a non-discriminatory manner, on the basis of quality indicators, at tariffs and on terms and conditions that were specified in the contract on the provision of telecommunication services with this subscriber.
8.10. The PPN is provided to the subscriber for a fee, the size of which is set by the recipient operator.
8.11. The subscriber pays for the PPN to the receiving operator when receiving an identification telecommunication card.
8.12. The procedure for payment and the form of payment for the provision of telecommunication services after the completion of the PPN are determined by the agreement on the provision of telecommunication services in accordance with the law.
8.13. PPN takes place within 3 business days from the moment of registration of the application, except in case the subscriber indicates in the application a later term of the PPN, which can not exceed 30 days.
8.14. The time during which the subscriber will not receive telecommunication services at the number that is being transferred can not exceed 3 hours.
8.15. The subscriber shall refuse the PPN if:
1) the subscriber receives telecommunication services impersonally;
2) the right to use the subscriber number, on which the application is transferred, belongs to another person, or if on the grounds determined by the legislation, this number has discontinued the provision of services to a subscriber who declares his desire to postpone it;
3) A subscriber who wishes to transfer a number, during the transfer of a subscriber number, has submitted an application for the transfer of this same subscriber number to another recipient;
4) after the last transfer of a subscriber number it has not passed 30 calendar days;
5) the subscriber in the application for transfer of the subscriber's number indicates incomplete and/or incorrect data;
6) the recipient operator does not operate in the settlement where the subscriber plans to receive services using the transferred subscriber number;
7) in the numbering zone in which the number of the subscriber applying for the transfer is located, the procedure for establishing intrazonal connections with the use of seven-zone zone numbers is not ensured in accordance with the Plan for the transition to a perspective numbering system of the public utility telephone network of Ukraine, approved by the order of the Ministry of Transport and Communications
8) there is no technical possibility of organizing a new subscriber line by the receiving operator.
8.16. With the matter of eliminating of all possible misunderstandings and litigations the Subscriber, who used VF Ukraine JSC (as Basic Operator) network , on the basis of a written agreement, should to:
- personally contact the Subscriber Service Center (SSC), which is suitable to subscribers service (details about the suitable SSCs can be viewed on the website) and terminate such a written contract until the portation mobile number to another network will complete;
- pay off existing debt (if any) for Services which were received.
9. FORCE MAJEUR
9.1. No Party shall be held liable in the event of circumstances of insuperable force. Force majeure circumstances mean emergency and irreversible external events that cannot be foreseen and prevented, namely acts of war, natural disasters, fires, crashes, accidents and other events that directly impede, make it impossible for the Parties to fulfill their obligations or lead to the damage (loss of property) directly related to the execution of this Agreement.
9.2. A Party affected by force majeure circumstances and, as a result, does not fulfill its obligations under the Agreement/Contract, shall without delay (no later than 5 (five) days from the date of their occurrence) notify the other Party by sending a registered letter and provide the relevant evidence. Failure to give a prompt notice of the force majeure deprives the other Party of the right for exemption from the obligations hereunder.
9.3. The force majeure circumstances defined hereby shall be confirmed by the Certificate of the Chamber of Commerce of Ukraine or other document issued by the state authority.
10. SETTLEMENT AND PAYMENT PROCEDURE
10.1. The tariffs for all types of Services (except those set by the Content Provider) are individually determined by the Operator and are public available in the media or at www.vodafone.ua.
10.2. Payments for services rendered and advance payments shall be paid by the Subscriber by bank transfer to the Operator's current account in the national currency of Ukraine in cash and non-cash form. The Subscriber shall indicate in the transfer order for monthly bill payment the telephone/contract number and personal account. In case of an advance payment, the bills sent by the Operator shall be paid by the Subscriber within the period up to the fifteenth day of the month following the settlement month, and in case of service provision to the Subscriber on the conditions of an advance payment - no later than the date of the actual use of the advance payment, while the Subscriber shall be allowed to receive services in case of lack of funds on a personal account under conditions of the next payment (credit limit). The credit limit consists of the flat and variable amounts, determined by the Operator in the manner prescribed by the Terms and Conditions in accordance with the Rules for the provision and receipt of telecommunication services. A flat amount of the credit limit is established and changed by the Operator based on the analysis of the volumes of consumed telecommunication services and/or the period of use of these services by the Subscriber over the past 3 months within the existing 5 categories:
1) Credit limit #1 is granted to subscribers who use the service for up to 3 months, prior to the expiry of the billing period but not more than UAH 100, regardless of the tariff plan chosen;
2) Credit limit #2 is granted to subscribers who use the service for more than 3 months, regardless of the selected tariff plan, prior to the expiry of the billing period, the monthly amount of the credit limit is calculated based on the average amount of 3 invoices* and the increasing coefficient**; the minimum amount is UAH 200;
3) Credit limit #3 is provided to subscribers who use the service for more than 3 months, regardless of the selected tariff plan, prior to the expiry of the billing period, the monthly amount of the credit limit is calculated based on the average amount of 3 invoices* and the increasing coefficient**; the minimum amount is UAH 400;
If the calculated credit limit is less than the minimum amount, the minimal credit limit will be granted for the billing period.
4) Credit limit #4 is granted to subscribers prior to the expiry of the billing period and the term specified by the Agreement for Service Payment, but not more than UAH 1 000 000, where the average payment amount per each personal account number is not less than UAH 200 per one billing period for the last 6 months, and the bill payments for services rendered are duly made (as per the 6M analysis), regardless of the tariff plan chosen. The credit limit #4 can be reduced in accordance with the abovementioned categories, subject to the written application of the subscriber;
5) Credit limit #5 is provided to subscribers – legal entities prior to the expiry of the settlement period and the term specified by the Agreement for Service Payment, but not more than UAH 5 000 000, according to the criteria of the history of timely bill payments, financial justification and the term of use of services pursuant to current categories of the credit limit.
* - the invoices should be duly paid (see clause 10.2). If the invoice is unpaid or late, the credit limit may be reduced up to the minimum amount (see Credit limit #1 and Credit limit #2)
** - the increasing coefficient equals to 1.2 (the average amount of 3 duly paid invoices * 1.2)
10.2.1. The variable amount of the credit limit is determined by the Operator individually in each case of receiving services under the conditions of the next payment and is the difference between a flat amount of the credit limit and the total cost of services received by the Subscriber on the conditions of the next payment up to the date of receipt of the information from the network elements and/or data from roaming partners involved in the provision of services, on their receipt and update of the information on the status of balance of the subscriber’s personal account in the automated system of payments for telecommunications services (billing system). When the information on the balance of the Subscriber’s personal account is updated in the billing system, the Operator shall send to the Subscriber an SMS message about the changed amount of the credit limit.
10.2.2. The credit limit is granted to every Subscriber who concluded a written Agreement/Contract with the Operator.
10.3. The Subscriber pays the monthly subscription fee or bundle cost (depending on the chosen tariff) for the services provided and the number maintenance in the Operator's mobile network.
10.4. Subscribers who use the services without any writing the Agreement/Contract, shall pay for the Services via top-up vouchers or recharge codes that can be purchased through ATMs and in any other way.
10.5. The cost of services rendered depends on the corresponding tariff plan and the volume of services provided. Tariff plans may specify the possibility for chargeable /free change of a tariff plan as indicated in the terms and conditions of the Tariff Plan changed/migrated to.
10.6. The Operator settles the bill for roaming services with the Subscriber in accordance with the Operator’s current tariffs for communication services, which are published by the Operator at www.vodafone.ua.
10.7. The current tariffs of the roaming partners are beyond the scope of the Operator's responsibility.
10.8. In the month of connection to the mobile communications services, the fee for some services is charged in proportion to the calendar days of the Subscriber's stay together with the fee for the next month.
10.9. Quantity and cost of the services, that are provided to the Client on settlement period are determined with indicators that relevant to technical means of Operator of duration measurement, quantity and services cost, also according to information provided by roaming-operators.
10.10. The cost of the service packege is accrued and paid by the Subscriber for the next packege time in advance. The Operator has the right to set limits on the amount of funds that can be debited to the Subscriber's personal account.
10.11. The cost of the tariff plan (service packege) is charged irrespective of the services received in the settlement period or peripd of the package time.
10.12. The Operator gives an opportunity to return the unused funds to the Subscriber for financial services provided by financial institutions, with which the Operator has contractual relations, in accordance with the requirements of the legislation on payment systems and the transfer of funds. The Operator holds no liability for using by the Subscriber of funds returned to the Subscriber for financial services.
10.13. The Operator shall ensure the funds reimbursement within the period not exceeding 30 (thirty) calendar days from the date of the Subscriber's request, unless otherwise provided by law. In case of a Subscriber's debt for roaming services, for identifying of which it is necessary to receive relevant information from roaming partners, the Operator shall ensure the repayment for a period not exceeding three months from the date the Subscriber’s request.
10.14. The Operator prepares a bill for service(s) rendered to the Subscriber as per his/her telephone number. Payments shall be received by the Operator within the time period specified in the bill(s) or by the 20th day of the month following the settlement month, if the bills were not received. In the event of non-payment of the bill(s), as well as the Subscriber's debt, the Operator is entitled to reduce the provision of mobile communication services. Content Services and Additional Services are charged and indicated in the bill separately.
10.15. The Subscriber shall indicate the telephone/contract number and personal account in a transfer order for monthly bill payment.
10.16. Failure to receive the bill(s) does not release the Subscriber from obligations to pay for services rendered. If the Subscriber has not received a bill for services rendered during the current month for the previous month, the Subscriber has the opportunity to receive information about the bill by contacting the Customer Care Center or via email specified by the Subscriber in the Agreement/Contract.
10.17. The Subscriber shall understand that the invoices for the payment of the Services and Additional Services, invoice breakdown, as well as other materials that may be confidential to the Subscriber and which are mailed by the Operator, may become available to malicious users, due to the vulnerability of electronic messaging systems. In this regard, the Operator will be not liable for the disclosure of the Subscriber’s confidential information in case of unlawful attack of the Subscriber's mailbox, the message capturing during its delivery, as well as in other cases when the malicious person receives access to the confidential information of the Subscriber.
10.18. The documents about the invoice payments shall be kept by the Subscriber within the 3-year period.
11. REDUCTION OF THE LIST OF SERVICES
11.1. The list of services may be reduced either upon the initiation of the Operator or the Subscriber.
11.2. The Operator may reduce the provision of services on the Subscriber’s initiative upon its request submitted personally or remotely over phone by dialing 111 or in any other way. The Operator restricts communication services within a day of the request's arrival or on the day specified in the request. If the request is submitted to the Operator during the officially non-business hours (on the weekend or on a public holiday), the restriction of communication shall be carried out no later than the first following business day. The reduction of the list of services is charged at the rates set by the Operator.
11.3. When the SIM card is lost, the Operator shall promptly at the Subscriber’s spoken request suspend the servicing of the SIM card within a term which does not exceed 30 (thirty) calendar days. In addition, the Subscriber shall notify the Operator not only about the number of the lost telephone or SIM card, but also other maximum possible information that the Operator representative considers necessary to be provided, including personal data, and shall receive from the Operator the registration number of the application for the lost SIM card. The Subscriber’s claims on untimely termination or failure to suspend the service due to the loss of a SIM card shall not be handled by the Operator without the registration number informed by the Subscriber.
11.4. The Operator may reduce the provision of services on its own initiative in the event of the following:
- debt for payment of services;
- lack of funds on Subscriber's Personal Account or reaching the corresponding amount of the credit limit;
- performance of preventive, scheduled or other maintenance activities, the execution of which disables to provide the services;
- the emergence of a natural disaster, accidents, the imposition of the state of emergency or martial law;
- detection of unauthorized interference by the Subscriber in the operation and/or use of the Operator’s telecommunication networks or technical means of the provider’s telecommunications, confirmed by the Act of violation of the rules for the provision and receipt of telecommunication services;
- proof of spamming by the Subscriber and/or making malicious calls for a period of one billing period (calendar month), confirmed by the Act of violation of the rules for the provision and receipt of telecommunication services.
11.6. The provision of mobile communication services is reactivated if the circumstances specified in clause 11.4 hereof are eliminated.
11.7. The number activation after the reduction of services caused by the debt will be performed after the actual transfer of funds to the Subscriber’s personal account.
11.8. In case of reduction of mobile communication services, as stipulated in the clause 11.4, and failure to comply with requirements of the clause 11.6., the Operator reserves the right to make proposals to the Subscriber on connection to other tariff plans. If the Subscriber refuses from connecting to other tariff plans, the Operator is empowered to unilaterally terminate the Agreement with the Subscriber.
12. AGREEMENT/CONTRACT TERMINATION PROCEDURE
12.1. The Agreement/Contract shall be terminated:
- upon the Subscriber’s written request personally submitted within the term not exceeding 7 (seven) calendar days;
- from the date of receiving this request by the Operator, if longer period is not stipulated in the request.
12.2. The Agreement/Contract shall be terminated upon an initiative under the following conditions:
- failure to repay the debt for services within the term specified in the Agreement/Contract;
- the Subscriber - a legal entity has been declared bankrupt in accordance with the established procedure or has ceased its activities;
- the Subscriber uses on a merchant basis the terminal equipment and subscriber lines for the provision of services to third parties;
- if the Subscriber has not used services for at least three months from the activation of the card and/or the last service session which are not monthly charged and do not require permanent use of additional resources of the telecommunication networks provided that the Subscriber is notified hereabout at least 10 business days prior;
- if the Subscriber’s actions impede the safe operation of telecommunication networks, maintenance of integrity and interaction of such networks, protection of their information security, electromagnetic compatibility of electronic means, complicate or disable the provision of services to other subscribers;
- the Subscriber illegally interferes with the work and/or use of telecommunication networks which is confirmed by the Act of violating the rules for the provision and receipt of telecommunication services;
- the Subscriber makes malicious calls, orders or offers the spamming and spam distribution which is confirmed by the Act of violating the rules for the provision and receipt of telecommunication services;
- the Subscriber falsifies the network identifiers, uses non-existing network identifiers or those belonging to other persons, counterfeits (duplicates) the identification cards, terminal electronic code (ID) and/or reprogramming of identification cards, which is confirmed by an Act of violating the rules for the provision and receipt of telecommunication services;
- breach by the Subscriber of the terms and conditions of the Agreement, determined pursuant to the legislation.
12.3. In order to terminate the Agreement/Contract on its own initiative, the Subscriber shall personally or through an authorized representative submit an application for the termination of the Agreement/Contract. The legal entities may, in exceptional cases, send an application for termination of the Agreement/Contract by post. The application shall be signed by the Company Director.
12.4. The termination of the Agreement/Contract does not exempt the Subscriber from paying invoices for the services rendered and the final bill for the services actually provided within the month when the Agreement/Contract is terminated. The final invoice shall be paid within the terms specified therein.
13. NETWORK QUALITY AND COVERAGE ZONE
13.1. The services are provided to the Subscriber within 24 hours according to the quality parameters set out by the Ministry of Transport and Communication No. 147 dated 19.03.2010 “On establishment of quality levels for mobile (portable) services”.
13.2. Due to the natural characteristics of radio wave propagation, the mobile communication may get worse, the signal can be lost or influenced by obstacles near buildings, tunnels, basements and other underground structures due to local features of the ground and building system, meteorological conditions and other reasons. In this regard, such interference or lack of communication in certain locations, or excessive traffic and the use of communications at certain locations and at hours that may adversely affect the availability and power of radio signals, is not a fact of improper performance by the Operator of its obligations.
13.3. The Operator is not liable for any damage caused by the effect on the mobile network of physical and geographical factors in the location place of the Subscriber’s mobile telephone (thunderstorm, ground features, local electromagnetic fields, etc.), and also if the phone is out of mobile network coverage. The Operator is also not responsible for indirect losses, lost profits, which may arise in general.
14. FINAL PROVISIONS
14.5. I, being the Personal Data Owner, have been informed about the purpose of the processing by PrJSC "VF Ukraine" (hereinafter referred to as the Company) of my personal data (any information about an individual, including, but not limited to, the information about the surname, name, patronymic, information specified in the passport (or in other ID document), the registration number of the taxpayer accounting card, citizenship, place of residence or stay, employment place, position, contact phone/fax numbers, e-mail addresses, etc., (hereinafter referred to as "Personal data"), in particular: carrying out of the financial and business activities by the Company, offering and/or rendering My Vodafone service by the Company and/or third parties (persons with whom the Company has contractual relations (hereinafter referred to as the Third Parties)), including through the direct contacts with the Personal Data Owner via communication means, protecting the rights and interests by the Company.
I hereby give my unambiguous and time-unlimited consent to the processing and transmission (distribution), including transboundary ones, of the Personal Data by the Company to the Third Party.
15. OPERATOR’S DETAILS
PrJSC "VF Ukraine", location: 15 Leiptsyzka St., Kyiv, Ukraine.
The address for the submission of complaints (applications, requests) to the Operator, the procedure and deadlines for handling the applications and complaints, as well as the postal and electronic addresses, applying to which the Subscriber can contact the Operator and the NCCIR with regard to the telecom services provision, can be found by free short number 111. If the Subscriber contacts the Operator by phone, the Subscriber agrees that the telephone conversation may be recorded for the Subscriber service quality control purposes.