1.3. Definition of terms:
- Subscriber is a consumer who receives telecommunications services for his own needs on the terms of an agreement (or receives services without concluding a written Contract/Agreement), which provides for the connection of the terminal equipment that he owns or uses to the telecommunications network. The conditions for the provision of services to Subscribers who use the services without concluding an Agreement are also governed by additional guides and instructions for using these services.
- Advance payment – the subscriber's previous monetary contribution for the Operator's services.
- Subscription fee – for your telecommunications network and/or to the networks of roaming operators, regardless of the fact of receiving services.
- Abnormal call intensity – the direction of international and/or national (long distance and local) calls to the networks of other telecommunications operators lasting more than one hour in the same direction.
- Base operator – a telecommunications operator in whose network the basic provision of telecommunications services is provided.
- The cost of a service package is a fee that is set for using the service package for the time interval during which such use is possible according to the tariff plan. Different tariff plans may apply different tariffs for the same services.
- Denial of service – denial of service to the subscriber's terminal equipment through influence on a computer system with the intention of making computer resources inaccessible to users for whom the computer system is intended.
- Contract/Agreement – a transaction concluded between the Operator and the Subscriber, according to which the Operator undertakes to provide services upon the Subscriber's order, and the Subscriber undertakes to pay for them. In the Supplementary Agreement, the individual number assigned to the telephone number and the personal account on which the number is registered are indicated as the number of the Agreement.
- Additional services are the Operator's services that can be provided to the Subscriber separately from the main telecommunication services according to the tariffs. Additional services include the Operator's services: reconnecting to the network and/or entertainment, informational services, and the like.
- Deposit – an amount of money paid by the Subscriber in confirmation of the obligations stipulated by the Contract/Agreement and in ensuring its execution, and can be used to pay for services that will be provided by the Operator to the Subscriber in accordance with the Contract/Agreement and which remains with the Operator in case of termination of the contractual relationship through the fault of the Subscriber until the use of the amount of the deposit.
- Traffic looping is an intentional routing error that causes traffic to be directed in the opposite direction.
- Subscriber's consent is an expression of will expressed by the Subscriber in any way, including his performance of actions that can be recorded by the equipment of the Content Provider Operator (voice, text message, use of tone dialing signals, etc.).
- Malicious calls – single, repetitive or massive connections, including with the phone numbers of emergency services, information and inquiry services, operator's services, transmission of messages about promotions, sweepstakes, contests, provision of services, products, goods, NOT ordered, messages from offers to replenish the personal account, which do not come from the operator, which cannot be stopped and which cause moral and/or material damage to the Subscriber and / or the operator.
- Identification telecommunication card is a means that is used to identify the end equipment of a subscriber in a telecommunication network (SIM card).
- Account top-up card is a means of replenishing a subscriber's personal account to pay for the services of the Content Provider Operator within a certain asset of such a tool.
- Content provider is a legal entity that provides Additional services to Subscribers in the Operator's network using telecommunication networks, telecommunication technical means of the Operator.
- Credit limit (provision of services upon subsequent payment) - an amount of money determined by the Operator, for which the Services can be provided after the funds on the Subscriber's personal account have expired.
- Content service is an additional, informational, reference, custom, entertainment or other service, including by the service code 900, provided by operators, providers using telecommunication networks, telecommunication technical means that are not included in the corresponding Tariff plan, is obtained by the Subscriber of his consent in in a separate order established for such a service and is paid by debiting funds from the Subscriber's personal account.
- Terminal equipment – equipment designed to connect to a telecommunications network termination point in order to provide access to telecommunications services.
- Operator's network is a complex of technical means of telecommunications and communication facilities of the Operator, united in a single technological process to ensure the provision of mobile services to Subscribers.
- Unproductive traffic – sending five or more calls per minute to the operator's telecommunications network, which have zero duration and do not end with the provision of telecommunications services, which leads to unproductive use of channel capacity and negatively affects the quality indicators of traffic service.
- Unauthorized interference in the operation and/or use of telecommunication networks – actions recorded by an act of violation of the rules for the provision and receipt of telecommunication services and led to leakage, loss, forgery, blocking, distortion or destruction of information; violation of the procedure for routing voice telephony traffic; receiving services for free or at tariffs lower than those established; the spread of computer viruses (harmful software); refile; abnormal call rate of unproductive traffic; false or erroneous answering machine; looping traffic; denial of service.
- Operator – business entity that has the right to carry out activities in the field of telecommunications with the right to maintain and operate telecommunications networks.
- Donor operator – telecommunications operator, from the range of the numbering resource of which the subscriber number is transferred at the request of the subscriber and in whose network telecommunications services were provided for this subscriber number in its transfer.
- Operator-initiator – telecommunications operator from whose network a call and / or message is initiated to a subscriber number, including transferred.
- Receiver operator – telecommunications operator to whom an application has been submitted for the provision of services for the portability of subscriber numbers and whose network the subscriber number is being transferred.
- Service package is a list of services defined by a tariff plan, which has an expiration date determined by this tariff plan. The operator sets and offers the subscriber's choice of tariffs for individual services and / or tariff plans for a specified list of services, as well as their validity period.
- Subscriber number porting is a telecommunications service provided to the Subscriber at his request, which consists in saving the subscriber's number provided to him by the telecommunications operator for the purpose of using this number to receive telecommunications services in the network of another telecommunications operator that provides telecommunications services in Ukraine.
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. The calculated maximum upload and download speed for Internet access services intended for mobile (portable) communication is, respectively: 296 Kbps in the 2G network (EDGE / GPRS), 5.76 Mbps and 42 Mbps in the 3G network (HSPA +), 75 Mbps and 587 Mbps in the 4G network (LTE). Achieving these speeds is possible provided that the relevant technical parameters are supported by the Subscriber's equipment.
- The beginning of the provision of services – the provision of services is carried out in the event of the conclusion of the Contract/Agreement and their payment.
- Termination of services under the Contract/Agreement – the final termination by the Operator of the provision of one, several or all services to the Subscriber due to the termination or conditions of the Contract/Agreement, as well as in cases stipulated by law.
- Settlement period is one calendar month during which the Service is provided to the Subscriber. The beginning of the period is the moment when the Subscriber is actually connected or the subscription fee for the Service is debited.
- Refile – changing the type of traffic in order to maximize profit by routing it according to a different calculated rate.
- Roaming is a service that enables subscribers of one mobile (mobile) operator to receive services in the network of another Operator while maintaining the original registration of the Subscriber in the telecommunications network of their Operator.
- Roaming partner – Operator, has entered into a roaming agreement.
- The Operator's Service Center is a customer service center where services are provided to Subscribers remotely, as well as Operator's stores and authorized dealer stores, where services are provided directly when subscribers and potential customers of the Operator apply. The Operator's Service Center does not carry out maintenance and repair of the Subscriber's terminal equipment.
- Reducing the list of services – stopping the provision of services by the operator (services for the period and in cases stipulated by the legislation, ensuring the technical possibility of its (their) provision to the subscriber.
- Spam – electronic, text and/or multimedia messages that, without the prior consent (order) of the operator's subscriber, are deliberately and / or massively sent to their email addresses or terminal equipment, except for the Operator's messages about the provision of telecommunications services or state authorities in the cases provided for legislation.
- Starter package is a tool for ordering and prepayment of services, which provides the Subscriber with the opportunity to start using the Operator's Services within a certain asset of such a tool, and consists of a SIM card and other related materials.
- Tariff – a document that contains a list, description, cost of the Services and Additional Services of the Operator.
- Tariff plan – a set of proposals of the Operator, offered to the Subscriber at the cost, conditions and volume of the provision of certain services.
- Erroneous or false transponder – the use of a software device with the help of which the function with false tariffication of the duration of calls is implemented.
2.1. Mobile communication services are provided to the Subscriber on the basis of the Contract/Agreement. The Contract/Agreement is the main document that defines the legal relationship between the Operator and the Subscriber and meets the basic requirements for the Agreement established by the NCCIR.
2.2. A Contract/Agreement cannot be concluded if:
- the age of the Subscriber - an individual is less than 18 years old or the Subscriber has been declared legally incompetent (partially capable);
- the Subscriber has a debt to the Operator for previously provided services, which is duly documented;
- the subscriber did not provide the copies of documents necessary for the conclusion of the Contract/Agreement, certified in the prescribed manner, copies of documents confirming the legal status, mandatory details and powers of persons concluding the Contract/Agreement(for legal entities – a power of attorney, if not the first person, for individuals - a notarized power of attorney) ... If during the verification of the documents provided, shortcomings, contradictions or other violations are revealed, the Operator has the right to refuse the Subscriber to conclude an Contract/Agreement.
2.3. To conclude an Agreement / Agreement, the Subscriber provides the Operator with the following documents and information:
2.3.1. Legal entities – residents, individuals-entrepreneurs (IE):
- statement of the state register in the USR (full name of the legal entity/individual entrepreneur, identification code of the legal entity / individual entrepreneur);
- passport of a citizen of Ukraine, which certifies the owner's identity and confirms the citizenship of Ukraine / foreign passport;
- power of attorney and passport of the representative of the legal entity/individual entrepreneur.
2.3.2. Legal entities – non-residents:
Constituent documents legalized in accordance with the procedure established by law - 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);
- document confirming the absence of tax arrears 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 - a card with a contactless electronic carrier);
- passport of a citizen of Ukraine (ID - card without contactless electronic media);
- passport of a citizen of Ukraine (in the form of a booklet);
- passport of a citizen of Ukraine, which contains data on the place of registration in the ARC "Crimea" with a mandatory certificate of registration of a person, moves from the temporarily occupied territory of Ukraine or the area of the anti-terrorist operation;
- temporary certificate confirming the identity of a citizen of Ukraine (issued in case of loss of a passport of a citizen of Ukraine);
- refugee certificate (for refugees);
- certificate of assignment of an identification number;
2.3.4. Individuals – non-residents:
- a valid passport of a citizen of a foreign state with a mark of registration of a foreign citizen at a checkpoint across the state border of Ukraine (with a visa validity period of at least 6 months) or an immigration card or certificate from the border service, and for a stateless person - a temporary (permanent) residence permit Ukraine;
- information about the place of residence (postal, e-mail) in Ukraine on a permanent or temporary basis;
- information about the contact telephone number in Ukraine.
2.3.5. Foreign diplomatic missions (embassies, consulates) provide a certificate of accreditation with the Ministry of Foreign Affairs of Ukraine and a document certifying the person's authority to conclude a Contract/Agreement.
2.4. If circumstances (the presence of debt for previously provided telecommunications services by the Operator) that contradict the terms of the Contract/Agreement, discovered after its entry into force, the Operator has the right to suspend the Contract/Agreement unilaterally until the Subscriber pays such debt.
2.6. A subscriber who receives a service without concluding a Contract/Agreement in writing can register with the Operator by providing him with personal data in accordance with the law in the manner established by the NCCIR.
3.1. Receive the ordered Services in a timely manner.
3.2. To order and use, at your choice, the services offered by the Operator, in accordance with the tariffs established by the Operator, taking into account the technical capabilities of the Subscriber's final equipment.
3.3. Free to choose any other tariff plan available for connection at the time the Operator introduces changes to the terms of service, tariffs, tariff plans for services (service packages) provided to the Subscriber. The absence on the part of the Subscriber of actions aimed at changing the tariff plan, before the introduction of these changes, indicates the Subscriber's consent to such changes.
3.4. To withdraw from the Contract/Agreement concluded in writing in case of disagreement with the change in the conditions for the provision of services, tariffs, tariff plans for services (service packages), by contacting the Operator personally or through an authorized representative with a written statement about the refusal of services. The Subscriber's absence of cancellation of the Contract/Agreement concluded in writing and the continuation of the use of the Services indicates the Subscriber's consent to the changed tariffs for services.
3.5. Receive comprehensive information free of charge about the content, quality, cost and procedure for the provision of services. the procedure for returning the unused part of the funds from the Operator in the event of refusal from prepaid services in the case and in the manner determined by the legislation of Ukraine, as well as by the agreement of accession for the implementation of a charitable telecommunications message (if this agreement is concluded).
3.6. Free of charge upon written application - claims to receive a transcript (detailed invoice) of the amount accrued for payment for the billing period to which the Subscriber has a claim. The services that are provided are impersonal, not decrypted.
3.7. To reimburse for losses caused as a result of non-fulfillment or improper fulfillment by the Operator of the obligations provided for by the Contract/Agreement or legislation.
3.8. Choosing a tariff, tariff plan established by the Operator, changing the list of services (service packages), reducing the list of services or terminating the provision of services in the manner prescribed by the Contract/Agreement or legislation. Free choice regarding the reduction of the list of services by the operator in the event of the end of funds on the subscriber's personal account or the amount specified in the contract is reached.
3.9. The change of the tariff package occurs at the request of the Subscriber on any working day of the month, except for the last calendar day of the month. The cost of changing the tariff package is determined by the current tariffs of the Operator.
3.10. The Subscriber has the right to change the size of the permanent part of the credit limit by submitting a written application to the Service Center (store) of the Operator.
4.2. Immediately inform the Operator about the following circumstances:
- change of your surname, legal and actual location, mailing address, contact phone number, other legal details along with the provision of new data;
- theft or loss of a passport - to individuals;
- constituent documents - to legal entities;
- loss or theft of the SIM card used by the Subscriber;
- termination of activity or bankruptcy of the Subscriber - a legal entity, but no later than the commencement of the bankruptcy case or liquidation process;
4.3. Do not allow the use of terminal equipment and subscriber lines on a commercial basis to provide mobile communication services to third parties.
4.4. Do not allow connection of terminal equipment that has a confirmation document.
4.5. If the Subscriber handed over his SIM card for use, he provided the opportunity to use it to a third party, the Subscriber remains responsible for the use of mobile communications and for the timely payment of bills.
4.6. Do not unauthorized interference with the work and/or use of telecommunication networks.
4.7. Do not falsify network identifiers, do not use non-existent network identifiers or belong to other persons, do not counterfeit (duplicate) identification cards, terminal equipment identifier and/or programming of identification cards.
4.8. Do not make malicious calls, order or offer mailing lists, or distribute spam.
4.9. Prevent actions that may interfere with the safe operation of telecommunication networks, maintain the integrity and interaction of such networks, protect their information security, electromagnetic compatibility of radio electronic means, complicate or make it impossible to provide services to other consumers.
4.10. Before using any service that was not previously ordered by the Subscriber, familiarize yourself with the tariffs and conditions for its provision on the website www.vodafone.ua
5.1. Change the coverage areas of the telecommunications network and the list of roaming partners (operators).
5.2. To establish and change the terms of provision and the list of services, tariffs for services that are provided in the Operator's network.
5.4. Refuse in the future to provide services for which a monthly subscription fee is not charged, and services that require additional network resources (such as Voice Mail, Data transmission, faxes, etc.) if the Subscriber does not use these services for 3 (three) months, warning him about it 10 (ten) working days.
5.6. If the Subscriber uses the service in roaming, the Operator reserves the right to include in the current billing period the services received in previous billing periods.
5.7. The operator has the right to determine the amount of the credit limit for the provision of services on terms of subsequent payment, if exceeded, the list of services is reduced or their provision is terminated.
5.8. The Operator has the right not to enter into a Contract/Agreement without a deposit if:
- an individual or legal entity has or wishes to connect four or more telephone numbers to the Operator's network;
- an individual or legal entity has no place of permanent residence in Ukraine;
- an individual or legal entity is a representative of a foreign enterprise on the territory of Ukraine;
5.9. In case of late payment, the operator has the right:
- calculate a penalty interest in the manner prescribed by law;
- set the limit for the volume of services or termination of their provision;
- reduce the list of services or stop providing them;
- change the order of payment.
5.10. The establishment and amount of the deposit is determined by the Operator.
5.11. By signing the Contract/Agreement or by purchasing and/or using the final equipment (starter package with a SIM card), the Subscriber agrees to the processing of his personal data and/or transfer to third parties for purposes related to the provision and receipt of telecommunication and information services, the execution of monetary obligations, service of subscribers and support of technological or other processes of the Operator, and also confirms that he was warned about their entry into the personal data bases of the Operator and about his rights defined by the Law of Ukraine "on the protection of personal data", the purpose of collecting data and persons to whom it is transferred personal data. The subscriber also gives his consent to the processing of his personal data and/or transfer to third parties in the event of actions taken to provide the Operator with his personal data, in particular, but not exclusively by filling out any registration forms for purposes related to filling them out by calling the operator or by contacting personally. The operator has the right to process personal data both independently and by entrusting it to the manager of the personal data base. If the Subscriber contacts an economic entity, in accordance with the content of the contract concluded with him, he has the right to conclude on behalf of the Operator contracts for the provision of mobile (mobile) telephone services or additional agreements to these contracts, on any issues related to the authority of this enterprise, the Subscriber agrees to processing his personal data by this business entity, their transfer to the Operator as a third party and further transfer by the Operator of these personal data to third parties for the purposes specified in this paragraph.
6.1. 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 services that are provided for a certain period in accordance with the terms of the tariff plan.
6.2. Provide the Subscriber free of charge with information on the provision and receipt of the services ordered by him: changes in the conditions for the provision of services, changes in tariffs for services (service packages), changes in the credit limit and other information in accordance with the law and the terms of the Contract/Agreement.
6.3. Inform the Subscriber seven calendar days in advance about the change in tariffs, the introduction of new services and the conditions for the provision of the Operator's services in the media or on the website www.vodafone.ua. The operator can additionally notify the subscriber in another way provided by law.
6.4. In the event of a change in the terms of service provision, tariffs, tariff plans for services (service packages) provided to the Subscriber, send a message indicating information about the changes, the date and time for their introduction with a link to the website and/or phone number.
6.5. within 30 (thirty) calendar days from the date of written execution of the termination of the Contract/Agreement, provide the Subscriber with the final payment. If the Subscriber is in arrears for roaming, the final invoice is provided within a period not exceeding 3 (three) months from the date of termination of the Contract/Agreement.
6.6. Inform the Subscriber about interruptions in the operation of the telecommunication network during scheduled repair, preventive and other works, as well as about an accident on the telecommunication network if such interruptions and accidents lead to the termination of the provision of services by more than 10% of Subscribers for a period of more than three hours.
6.7. Provide access to own information and telephone services, as well as information and telephone services of other operators on the terms and in accordance with the Tariffs established by the operators.
6.9. The operator is not obliged to 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 if it is published, and is not responsible in case of changes in tariffs, services and coverage of foreign roaming partners.
6.10. Ensure the protection of the personal data of the Subscriber in accordance with the current legislation of Ukraine, and of subscribers - residents of the EU member states, taking into account the provisions of the General Data Protection Regulation, (Regulation (EU) 2016/679). In particular, to process the personal data of subscribers only on the basis of the unambiguous and confirmed Consent of the subscriber, including profiling personal data for the purpose of providing telecommunication services, or for another purpose, which the Subscriber is clearly informed about and agreed with him. Upon a confirmed request from the Subscriber, the Operator is obliged to depersonalize (anonymize) the personal data that are processed, limit and/or stop their processing. In the event of a leak of personal data processed, the Operator is obliged to inform the subject of personal data and the responsible state authority (the supervisory authority of the EU country – for subscribers - residents of the EU member state) in the prescribed manner.
7.1. In the Operator's Network, Subscribers can be provided with the services of the Content Provider and Additional Services of the Operator.
7.2. By ordering any Additional Service, including Content Services, the Subscriber agrees to receive the relevant services.
7.3. The Operator is not responsible for the Content Services. In the event the Subscriber has any claims to the Additional Services that are provided by the Content Provider, such Subscriber must contact the Content Provider specified by the Operator directly. The provision of the Content service is carried out after a free 12-second message from the Subscriber before the start of the provision of such a service about the name of such a service and the tariff for its receipt.
8.1. Subscribers who receive telecommunications services on the terms of a written agreement on the provision of telecommunications services or are registered with a donor operator in accordance with the Procedure for registering subscribers receiving telecommunications services without concluding a written agreement are eligible for PST.
8.2. The operator must:
- provide subscribers with POP within the territory of Ukraine in accordance with the license;
- inform subscribers through the media, website, subscriber service points or in any other way about the conditions and procedure for providing POP;
- to provide telecommunication services on equal and non-discriminatory terms to subscribers in their network with their own numbering resource and to those subscribers who have transferred their subscriber numbers to the network of this operator;
- apply the tariff plan of the recipient operator selected by the Subscriber, available for connection at the time of number porting;
- to ensure, in accordance with the legislation, the protection of personal data about the subscriber received when ordering or providing services;
- route traffic (calls to voice telephony, short text (SMS) messages) to ported subscriber numbers;
- in the case when the PPN requires the replacement of the terminal equipment that the subscriber uses to inform the Subscriber upon receipt of an application from him to transfer the subscriber number according to the required technical characteristics of the terminal equipment, which can be used to receive services in the network of the Receiving Operator, as well as, if possible, the type and conditions of purchase of such end equipment.
8.3. A subscriber wishing to receive a PIP applies to 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 communication facilities by phone;
- filling out an interactive application form on the official website of the recipient operator.
8.4. Requirements for the application.
The application indicates:
- subscriber number (s), the transfer of which (which) is required;
- the name of the base operator;
- the name of the Receiving Operator;
- another phone number or email address for feedback;
- desired time of porting the subscriber number (s)
- the selected tariff and / or tariff plan in the recipient operator's network and payment terms;
- for subscribers - legal entities - full name, location and identification code according to the Unified State Register of Enterprises and Organizations of Ukraine. An authorized person of a subscriber - a legal entity must present the original document confirming the authority to transfer the subscriber number (s) of such a legal entity.
- for subscribers - individuals, the surname, name, patronymic, place of residence, series and number of the passport or other identity document are indicated in the application.
- if the Subscriber plans to receive telecommunication services on the basis of a written agreement, then, in addition to the application, he / she provides information provided for by legislation for concluding a written agreement on the provision of telecommunications services.
8.5. After receiving a written application or made remotely by means of communication means of the Subscriber's application to terminate the provision of the service (services) in connection with the PIP to the network of the Receiving Operator, the Base Operator terminates the basic provision of telecommunications services (services) and the subscriber fee is charged at the time of the PIP completion.
8.6. The operator is not entitled to:
- impose restrictions on subscribers on the possibility of receiving a PIP, including in the presence of unfulfilled obligations under the contract for the provision of telecommunications services for the base operator. At the same time, receipt of the PF does not relieve the Subscriber from the obligation to reimburse the d types of debt that arose in the course of consuming the services of PF Ukraine CJSC as the base operator. In the event of a corresponding debt, the Operator has the right to demand its repayment before the number is transferred to the recipient operator's network.
- the donor operator has no right to assign a transferred subscriber number to another subscriber until the receipt of a notification from the recipient operator about the release of this number.
- after the termination of the provision of telecommunication services to the subscriber using the ported number, the Base Operator (except for the case when the Base Operator is a donor operator) is not entitled to use this number and must notify the Donor Operator and Administrator of its release no later than 24 hours later.
8.7. Before establishing a connection with the transferred subscriber numbers, the Initiating Operator informs the Subscriber, calls, by providing an appropriate voice message about the call to the transferred subscriber number.
8.8. Obligations of the Operator as the Receiving Operator:
- explain to the Subscriber his rights and obligations, the conditions for the provision of telecommunication services according to the selected tariff plan;
- the procedure, conditions and cost of providing a PN, noting the period of time during which telecommunications services will be provided for the corresponding subscriber number, and the specific moment of completion of the transfer of this number;
- upon receipt of an application to the Receiving Operator from the Subscriber to receive a PIN, the Receiving Operator fixes the date and time of receipt of the application and, within 8 working hours from the moment of registration of the application, makes a request to the Basic Operator about the possibility of performing a PIN at a certain subscriber number, and informs the administrator about it ... The Receiving Operator's request must contain the subscriber number and surname, name and patronymic of an individual or the name of a legal entity;
- the base operator, within 8 working hours from the moment of receipt of the corresponding request from the recipient operator, informs the recipient operator about the possibility of providing a PDN for a specific subscriber number or about the grounds for refusing to transfer the subscriber number;
- inform the Subscriber about the possibility of providing a mobile (mobile) communication PIN - the time and place to receive an identification telecommunication card, if necessary, the final equipment and conclude an agreement. After receiving the message, the subscriber must, at the time and place specified by the recipient Operator, receive an identification telecommunications card, conclude an agreement and, if necessary, purchase terminal equipment upon presentation of a document certifying an individual or an authorized person of the subscriber - a legal entity, and an identification telecommunications card by which he received telecommunication services of the Base Operator, the subscriber number of which you wish to transfer. If the subscriber did not come for an identification telecommunication card and / or did not enter into an agreement within the time period specified by the Receiving Operator, the provision of PIP is suspended. If the Subscriber does not come to the Receiving Operator within 30 calendar days, the application for PIT is canceled and the subscriber continues to receive telecommunication services from the base operator;
- inform the Basic Operator and the subscriber about the specific moment of completion of the subscriber number transfer in a way convenient for the subscriber.
8.9. Prior to the completion of the PIP, the Basic Operator is obliged to provide telecommunications services to the Subscriber who submitted the PIP application, non-discriminatory, according to the established quality indicators, at the tariffs and on the conditions that were determined by the contract for the provision of telecommunications services with this Subscriber.
8.10. PPN is provided to the Subscriber for a fee, the amount of which is set by the Receiving Operator.
8.11. The Subscriber pays the PNT to the Receiving Operator upon receipt of an identification telecommunication card.
8.12. The payment procedure and the form of payments for the provision of telecommunications services after the completion of the PIP are determined by the contract for the provision of telecommunications services in accordance with the legislation.
8.13. PIT occurs within 3 working days from the date of registration of the application, except for the case when the subscriber indicates in the application the late PIT period, which cannot exceed 30 days.
8.14. The time during which the subscribers will not receive telecommunication services by the number that is being transferred cannot exceed 3 hours.
8.15. The subscriber is denied a PIP if:
- the subscriber receives telecommunication services impersonal;
- the right to use the subscriber number for the transfer of which the application is submitted belongs to another person, or if, on the grounds determined by the legislation, the provision of services to the subscriber who declares a desire to transfer it is terminated on this number;
- the subscriber who wants to transfer the number, during the transfer of the subscriber number, submitted an application to transfer this very subscriber number to another recipient operator;
- 30 calendar days have not passed since the last transfer of the subscriber number
- the subscriber indicated incomplete and / or inaccurate data in the application for the transfer of the subscriber number;
- the recipient operator does not carry out activities in the settlement in which the Subscriber plans to receive services using the transferred subscriber number;
- in the numbering zone in which the subscriber's number is applied for transfer, the procedure for establishing intra-zone connections using seven-digit zone numbers is not provided in accordance with the Plan for the transition to the promising numbering system of the public telephone network of Ukraine.
- there is no technical possibility of organizing a new subscriber line by the recipient operator.
8.16. In order to eliminate possible misunderstandings and legal disputes in the future, a Subscriber who is served in the network of PF Ukraine CJSC as a base operator on the basis of a written agreement must:
- personally appear at the Subscriber Service Center, which has the ability to serve subscribers who apply (details about the possibility of the CSC are located on the website) and terminate such a written agreement before the completion of the transfer of his phone number to another network initiated by him;
- in case of existing debt for telecommunication services provided by the Operator, to pay off the existing debt for the telecommunication services consumed by it.
8.17. The subscriber has the right to refuse the application submitted by him for the transfer of the subscriber number, informing the recipient operator about this in the same way as he submitted the application, within a period not exceeding half of the period for carrying out the transfer of the subscriber number.
9.1. The parties are released from liability in the event of force majeure circumstances. Force majeure means extraordinary or irreversible external events that cannot be foreseen and prevented, namely: military actions, natural disasters, fires, catastrophes, accidents and other events that directly impede, make it impossible for the Parties to fulfill their obligations or lead to damage (loss) of property directly related to the execution of this Agreement.
9.2. The Party that has come under the influence of force majeure and, as a result, does not fulfill its obligations under the Agreement / Agreement, must urgently (no later than 5 (five) days from the moment of their occurrence) notify the other Party of this by sending a registered letter and providing appropriate evidence ... Untimely notification of force majeure circumstances deprives the other Party of the right to release from the obligations of this Agreement.
9.3. The circumstances of force majeure, as defined in this section, must be confirmed by a certificate from the Chamber of Commerce and Industry of Ukraine or another legal document.
10.1. Tariffs for all types of Services (except for those set by the Content Provider) are set by the Operator independently and published in the media or on the website www.vodafone.ua
10.2. Invoices for services rendered and advance payments are paid by the Subscriber by transfer to the current account of the Operator in the national currency of Ukraine in cash and non-cash form. In the payment order to pay the monthly bill, the Subscriber is obliged to indicate the phone number / Contract and personal account. If there is an advance payment, the invoices sent by the Operator are to be paid by the Subscriber before the fifteenth day of the month following the settlement month, and if services are provided to the Subscriber on the terms of the advance payment, not later than the moment of actual use of the advance payment, while the Subscriber is given the opportunity to receive services in the absence of funds on the personal account on the terms of subsequent payment (credit limit). The credit limit consists of constant and variable parts, determined by the Operator in the manner prescribed by the Terms and Conditions and in accordance with the Rules for the provision and receipt of telecommunication services. The constant part 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 for the last 3 months within the existing 5 categories:
1) credit limit # 1 - provided to subscribers who use the service for up to 3 months before the end of the billing period, but no more than UAH 100, regardless of the chosen tariff plan;
2) credit limit # 2 - provided to subscribers who use the service for more than 3 months, regardless of the chosen tariff plan, until the end of the billing period, the monthly amount of the credit limit is calculated based on the average amount of bills 3 * and the increasing coefficient **, the minimum amount is 200 UAH;
3) credit limit # 3 - provided to subscribers who use the service for more than 3 months, regardless of the chosen tariff plan, before the end of the billing period, the monthly credit limit is calculated on the basis of the average bill amount 3 * and the multiplying coefficient **; the minimum amount is 400 UAH;
If the calculated credit limit is less than the minimum, the minimum credit limit will be provided for the billing period.
4) credit limit # 4 - provided to subscribers before the end of the billing period and the period specified in the contract for payment of services, but not more than UAH 1,000,000, for which the average amount of payments for each personal account number for the last 6 months is at least UAH 200 for one billing period, and there is a timely payment of bills for the services provided (according to the analysis of 6 months), regardless of the chosen tariff plan. Reduction of credit limit # 4 is possible to a smaller one, according to the above categories of the credit limit, subject to a written request from the subscriber.
5) credit limit # 5 - provided to subscribers who are legal entities until the end of the billing period and the period specified in the contract for payment of services, but not more than UAH 5,000,000, according to the criteria of the history of timely payment of bills, financial feasibility and term of use of services, in accordance with the current categories of the credit limit.
* - invoices must be paid on time (see clause 10.2). If the invoice is not paid or paid on time, the credit limit can be reduced to the minimum amount (see credit limit # 1, and credit limit # 2)
** - the increasing factor is - 1.2 (the average amount of 3 bills paid on time * 1.2)
10.2.1. The variable part of the credit limit is determined by the Operator separately in each case of receiving services on terms of subsequent payment and is the difference between the constant part of the credit limit and the total cost of services received by the Subscriber on terms of subsequent payment until the moment of receipt from network elements and / or data from roaming partners, involved in the provision of services, information on their receipt and updating of information on the balance of the subscriber's personal account in the automated settlement system for telecommunications services (billing system). After updating the information on the balance of the subscriber's personal account in the billing system, the Operator sends to the Subscriber SMS messages about the changed amount of the credit limit.
10.2.2. The credit limit is provided to each Subscriber who has entered into a written Agreement / Agreement with the Operator.
10.3. The subscriber pays for the services provided and for the maintenance of the number in the Operator's mobile network a monthly subscription fee or the cost of the package, depending on the selected tariff.
10.4. Subscribers who use the services without a written conclusion of the Agreement / Agreement pay for the Services using recharge cards or recharge codes, which can be purchased through ATMs and in other ways
10.5. The cost of the services provided depends on the corresponding tariff plan and the volume of services provided. Tariff plans may provide for the possibility of a paid / free change of the tariff plan to another, which is indicated in the very conditions of the Tariff plan to which the change (transition) is made.
10.6. For the use of communication services abroad, the Operator makes settlements with the Subscriber, in accordance with the Operator's current tariffs for communication services, are published by the Operator on its official Internet site: www.vodafone.ua
10.7. The current tariffs of foreign roaming partners are outside the Operator's sphere of responsibility.
10.8. In the month of connection to mobile networks, the fee for some services is charged in proportion to the calendar days of the Subscriber's presence plus the fee for the next month.
10.9. The number and cost of services rendered to the subscriber in roaming is determined according to the indicators of the operator's technical means for measuring the duration, volume and cost of services, as well as according to the information provided by the roaming partner.
10.10. The cost of the service package is charged and paid by the Subscriber for the next period of the service package in advance. The Operator has the right to set a limit on the amount (amount) of funds that can be deposited into the Subscriber's personal account.
10.11. The cost of the tariff plan (service package) is charged regardless of the fact of receiving services in the billing period or the period of validity of the service package.
10.12. The Operator provides the opportunity to return unused funds to the subscriber using financial services that are provided by financial institutions in accordance with the requirements of the legislation on payment systems and retelling the funds with which the Operator has a contractual relationship. The operator is not responsible for the use by the subscriber of funds returned to the subscriber using financial services.
10.13. The Operator must provide a refund within a period not exceeding 30 (thirty) calendar days from the date of the Subscriber's request, unless otherwise specified by law. If there is a Subscriber's debt for roaming services, in order to determine the amount of which it is necessary to obtain the relevant information from roaming partners, the Operator must provide a refund within a period not exceeding three months from the date of the Subscriber's request.
10.14. The Operator generates an invoice (s) for the Subscriber for the services provided by his number. Payments must be received by the Operator within the period specified in the invoice (s), or if invoices are not received by the 20th day of the month following the settlement. In case of non-payment of the invoice (s), as well as in case of the Subscriber's debt, the Operator has the right to reduce the provision of mobile services. Content - services and Additional services are charged and indicated in the invoice separately.
10.15. In the payment order for the payment of the monthly bill, the Subscriber must indicate the phone number, contracts / agreements and personal account.
10.16. Failure to receive the invoice (s) does not release the Subscriber from the obligation to pay for the services provided. If the Subscriber has not received an invoice for the services provided for the last month in the current month, he has the opportunity to receive information about the invoice by calling the Subscriber Service Center, or to the email address specified by the Subscriber in the Agreement / Agreement.
10.17. The Subscriber must be aware that invoices for payment for Services and Additional Services, details of the invoice, as well as other materials that may be confidential for him and which are sent by the Operator via e-mail, may become available to attackers, despite the vulnerability of electronic messaging systems. In this regard, the Operator will not be liable for possible disclosure of the Subscriber's confidential information in the event of an unlawful entry by an intruder into the Subscriber's mailbox, interception of a message during delivery, as well as in other cases when intruders gain access to the Subscriber's confidential information.
10.18. Bill payment documents must be kept by the Subscriber for 3 years.
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.
12.1. 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.
13.1. The services are provided to the Subscriber within 24 hours according to the quality parameters set out by the Ministry of Transport and Communication №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.
14.1. Terms are defined by Operator and are subject to change by the Operator with the binding’mandatory notification of Subscribers at www.vodafone.ua
14.5. I, a holder of personal data, notified of purposes of the processing Chao “PF Ukraine" (hereinafter – Company) my personal data (any information about an individual, including but not limited to information about surname, name, patronymic, information specified in the passport (or another identity document), registration number of the payer of taxes, citizenship, place of residence or stay, place of work, position, numbers of contact phones/faxes e-mail addresses and the like, in the future – Personal data), namely: the implementation by the Company of its financial and economic activities, offer and/or the provision of service My Vodafone Company and/or third parties (persons with whom the Company is in a contractual relationship in the future – to a Third party), including through direct contact with the Owner of the personal data by communications’communications, protection of their rights and interests.
Provide the Company with its unequivocal, unlimited in time consent to the processing and transfer (distribution), including cross-border, Personal data to Third parties.
14.6. These Terms are written in Ukrainian, Russian and English languages and have the same effect. In case of discrepancies in the texts, the main is option, made in the Ukrainian language.
PJSC "VF Ukraine", address: Leiptsygska str, 15., 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.