1.
General
Terms and Conditions of Contract 2.
Scope of
services. 3.
Enabling of
Contract 4.
Terms
of supply and delivery 5.
Balance
account 6.
Performance
of the SIM card and the Airtime 7.
Rates 8.
Contract
Termination 9.
Liability
and Force Majeure 10.
Data protection 11.
Final Contract provisions
and legal responsibilities
1.
The General
Terms and Conditions of the Contract
1.1
The General Terms and Conditions of the Contract establish contractual
relationships between the Telecom Discount SIA (LLC) of 83/85 Aleksandra Caka
street, Latvia the registration No 40003740779 (hereinafter referred to as the
“Mobile Connection Provider” or the “Provider”), and the Customer in frames of
purchase, providing and delivering mobile telephony connections and services. 1.2. The
Mobile Connection Provider shall provide mobile connection services on
condition of prepaid services, in according with General Terms and Conditions;
consent with General Terms and Conditions by Customer is being notified by
forwarding Orders of Services by Customer. In case if contradictions arise in
frames of Customer’s Orders or Customer’s deviating Requirements, these
contradictions shall to be excluded, even if Provider do not notify clearly his
dissent, or continuing to provide services without impediments, knowing about
such deviations exist. The list of services and pricelists that can be
viewed athttp://www.airBalticcard.com and is the supplement to the given the General
Terms and Conditions.
1.3
If any of the clauses of
the General Terms and Conditions become partially of fully invalid due to
enactment of any legislative regulations that are compulsory for execution, all
the remaining clauses current General Terms and Conditions shall remain valid
without changes. The Provider is entitled change or amend the General Terms and
Conditions at any time, if such changes or amendments are justified by changes
in legislation acts and /or overall situation. 1.4
The Provider has the right
to send to Customer any information pertaining to the Contract conditions to
the postal address, email address, facsimile number provided by Customer and
Short Message Service (SMS) messages at the Customer’s Airbalticcard number.
2.
Scope
of services
2.1
The content of the Contract between the Provider and the Customer on mobile
communications and the order of prepaid services are defined by the
information, published on the Internet websitewww.airbalticcard.com, the lists of services and pricelists are valid
up to the moment of signing the Contract and the General Terms and Conditions. Any
changes related to the current Contract shall be done in accordance with the
legislation Acts in force.
2.2.
The Provider issues to the
Customer a SIM-card with a phone number, two Personal Identification Numbers
(PIN 1 and PIN 2), two Personal Unblocking Keys (PUK 1 and PUK 2) and a
19-digit serial SIM-number. The serial number is necessary to authenticate the
Customer during communication with the Customer support center of the Provider. 2.3
The telephone number of
the SIM-card of the airbalticcard shall be handled to the Customer during
signing the Contract and issuance of the airbalticcard SIM-card.
2.4
In frames of Contract,
Customer is authorized to use voice communication, send SMS and transfer data
via foreign mobile networks, if the technical possibilities of the Provider
allow to do so and such services are pre-agreed upon with foreign operators. 2.5
Customer is aware that
not all devices or hardware, presented on the market could support the services
offered by the Mobile Connection Provider.
2.6
Various distortions, limitations and interruptions in mobile connection
services of the Provider can be a result of, among other causes, force majeure
such as emergency situations and disasters, atmospheric phenomena, power
outages the Provider cannot be responsible for, general strikes, fires and technical
upgrades of the equipment of the Provider (e.g. improvement of the network,
relocation of equipment) or other works (e.g. maintenance, repairs, etc.) all
these elements, necessary for regular delivery of services or improvements of
service quality (also, see clause 9).
3.
Enabling of
Contract
3.1
The Contract is considered to be in force when the Provider receives the Order
of Services, by means of Mail, facsimile or email, or by shipment of the
ordered goods. The Contract on mobile connection is considered to be in force,
at latest, when Customer gives a call using one of the SIM-card delivered by
the Provider or begins using other paid services of the Provider.
3.2
All official proposals of
the Provider and related written forms are not binding.
3.3
The English speaking Customers have the right to see all the information in
english. Communication with Customer Support Center can be executed at any time
in english. 4
Terms
of supply and delivery
4.1
Delivery of hardware (such as SIM-cards, GSM equipment etc) is generally
carried out during 7 workdays, beginning from the moment of arrival of payment
in advance from the Customer but not later than 30 days from the moment of
advance payment arrival.
4.2
Delivery is being
executed accomplished at the address provided by the Customer. The Customer
shall bear all expenses that that may arise due to the provision of incorrect,
incomplete or confusing data.
5.
Balance
account
5.1
Customer shall make
prepayments for receiving the services by purchasing the balance (Airtime) and
transferring it at the corresponding Balance account.
5.2
The Provider shall
deliver goods and render services on condition of pre-payment only. The payment
shall be considered executed when the sum of money to be transmitted by the
Customer arrives at the account of the Provider.
5.3
All charges from the Balance account shall be taken in accordance with the
pricelists in force. Separate charges maybe taken with delays. The Provider may
make recalculations that might be necessary because of occurrence of deductions
on the balance after reception of further incoming funds.
5.4
The Provider allows the
Customer to verify their prepaid balance, for this purpose the Customer must
use the menu of their GSM cell phone and find the "check balance“ tab. The
calculation is made in real time. In no way any obviously erroneous data of the
current account shall entitle the Customer to demand from the Provider to
render the service in the corresponding but erroneous amount.
5.5
The Provider allows the
Customer to check their balance account online by visiting the websitewww.airbalticcard.com and visiting his/her personal account. The
account data shall have just informative value and constitute no grounds for
the Customer to forward any inconsistency claims 5.6
All active prepaid
connections are terminated immediately when the balance is spent out.
5.7
The funds are added at
the Balance account when the corresponding amount arrives at the account of the
Provider or upon authorization of the transaction executed by a credit institution.
If the airbalticcard voucher is used to replenish the account, its nominal
value is added as a prepayment within several minutes.
5.8
In case if Customer
indicates a wrong phone number or the number of some other Customer, there are
chances of disuse of a balance, to be transmitted to wrong account. In such a
case, the Provider, unless it is the Provider’s fault, shall not be liable for
disuse of the balance and reimburses the Customer the amount of balance that
was currently at the account of Customer at the moment when Customer informed
the Provider on the top-up error.
5.9
If the SIM-card has been
lost, the Provider transfer remainder of current balance to new SIM card , when
after blocking the old SIM-card by request of Customer and if the phone number
is preserved. Provider shall charge Customer in according with pricelist.
5.10 In case
goods are purchased by Customer from countries outside the European UNI0N,
Value Added Tax shall be levied. If the goods are purchased by Customer or
companies from EU countries, when Value Added Tax Payer’s identity number is
presented, Latvian Value Added Tax shall not be charged. Customer and companies
of the EU countries shall deduce Value Added Tax in their home country.
6.
Performance of the SIM card and the Airtime
6.1
Term of expiration of the airbalticcard from the moment of the last use (making
and receiving calls, sending and receiving SMS, topping up the Airtime) shall
be 365 days. During this period, Customer can have outgoing and incoming phone
conversations, send SMS and use GPRS services. If not using Card during 365
days, Customer can top up the Airtime account and thus re-activate the card for
the next 365 days. Customer can use the starting balance during 365 days
from the moment of issuance, reimbursement is not available.
6.2
In case If the SIM-card during 365 days is not used or the balance is not
refilled, then the prepaid card is finally deactivated and the Contract
relations between Provider and Customer are deemed terminated. If upon
termination of the Contract relations there is some Airtime balance left,
during the following 60 days it is possible to request to return the sum
according to clause 6.3.
6.3
In case if last use of
the card (making and receiving calls, sending and receiving SMS, topping up the
Airtime)happened not longer than 420 days ago, Provider reimburses to Customer
the balance sum left unused at the moment of termination of the Contract upon
written request of Customer specifying the account number, that shall be send
to the address: info@airbalticcard.com.
7.
Rates
7.1
All rates and prices for
the pre - ordered goods are in according with to the actual offers as seen online,
as well as on line packages and other information sources of the Mobile
Connection Provider.
7.2
Customer hereby confirms that all payments for use of the services are to be
made in according with existing pricelists. The existing rates can be found
24/7 on the websitewww.airbalticcard.com 7.3
The telephone voice communications are charged as per minute and the time is
rounded up to the next full minute. Therefore, the minimal charge for telephone
voice communications is 1 minute air time, multiplied by actual rate per minute
7.4
Customer receives the
information regarding the changes in prices for the services of the Provider by
regular visiting the website www. AirBalticcard.com, such changes can be
executed and cancelled at any time. If the continues to use the services
provided Mobile Connection Provider, it shall be deemed that Customer the has
agreed, and accepted.
7.5
In case of theft or damage of Customer’s SIM card Provider shall not be
obligated to provide compensation or reimbursement to Customer for the already
paid services. Also, Provider is not obligated to provide compensation of the
cost of the SIM-card. Provider can block up the SIM-card for further use only
upon receiving the notification from the Customer.
7.6
Customer is entitled for compensation only if Customer’’s claims are
self-evident and undisputed or if they are legitimate beyond any doubt. Customer
has the right disregard Contract requirements only if the ’s counterclaims
arise from inherent Contract clauses.
8.
Contract
Termination
8.1
Since Customer sign the
Contract for mobile communications, as the matter of pre-paid services, done by
means of mail, phone, facsimile, or Internet, the Customer has the right to
withdraw from Contract during 7 (seven) working days, upon the receiving of
goods, without notifications of reasons. Claration of withdrawal shall be received
by Provider during the period specified above.
8.2
In case if Customer
withdraws from Contract, he/she re-send the goods back to Provider and receives
money back. Reimbursement is being done only in case, if goods are in tradable
condition. Customer covers related shipment expenses. In case if goods are
returned damaged or downgraded, sum of reimbursement is being deducted
accordingly.
8.3
The right for the prior-to-term cancellation due to a justified reason shall be
attained. A justified reasons for Provider are: Customer has provided the false
data and/or uses the services of the Provider with malicious intents and/or the
uses the services of Provider in violation of the Criminal Law and/or there are
reasonable suspicions of unlawful use of the services and/or there is threat of
damage to the equipment of the Mobile Connection Provider, roaming partners /
operators or the threat to national security.
9.
Liability
and Force Majeure
9.1
Provider shall not be responsible for any delays as the result of failure of
the roaming partners to perform their obligations if such delays or failures
are caused by the reasons beyond control of Provider.
9.2
For instance such reasons
are power outages and unpredictable and unavoidable events beyond any control
of the Provider and circumstances which occurrence the Provider is not guilty
of, these are wars, acts of God, strikes, industry regulations,
telecommunication networks failures that shall make the Provider exempt from
liabilities and obligations to render services for the period of their
duration. Should such failures last for the time longer than two weeks then
either of the Parties can terminate the current Contract. If the Provider
delays the service, Customer shall has the right to terminate the Contract upon
expiration of a certain extra notified recovery period, conditioned by
Customer.
9.3
The performance and
quality of mobile services may be at certain times and locations influenced by
radio signals, atmospheric and geographical conditions, technical and
operational reasons (maintenance work, repairs, reaching the limit of power,
power outages). The temporary shortages, downs, limitations or interruptions of
services may occur due to emergencies and disasters or because of the Force
Majeure circumstances (including strikes, floods and fires). In such cases,
Customer is not eligible to demand reimbursement of damages, reduce of prices
and forward other claims.
9.4
Provider shall not be
responsible for delays or default of the roaming partners, if such delays and
defaults are caused by reasons beyond control of the Provider, neither shall be
the Provider responsible for the accuracy of the content or completeness of the
content (information) obtained through the services of third parties.
10.
Data protection
10.1
Customer expresses his /her consent
on full processing (gather, collecting, storage) of his/her data by Provider
with further use of data.
10.2
Provider takes the responsibility of
careful processing of Customer’s data, and data protection in accordance with
relevant legislative acts in force. Latvian requirements on data protection,
personal information, or related technical arrangements are the primary
legislative acts for execution by Provider. Customer related information shall
never be transferred to third parties, unless it is necessary to be done in
frames of current Contract.
10.3
Customer hereby expresses a consent
to receive information on the services of the Provider by email or SMS. Customer
can revoke his/her consent at any time.
11.
Final Contract
provisions and legal responsibilities
11.1 All
disputes arising from the Contract on the Mobile Connections Provider shall be
legislated in the arbitrage court located in Riga, the Republic of Latvia
11.2 The General
Terms and Conditions and supply and delivery of services are subject to the
laws of the Republic of Latvia. UN legislation or Conventions on trade, market
agreements is not applicable.
11.3 Verbal
agreements are not valid. All changes and additions to the Contract with
Customer and the General Terms and Conditions shall be made in written form
only.
11.4 In
case, if one or several clauses of General terms and Conditions become invalid
for any legal reason, common pack of Clauses of Current Contract remains intact
and in force.
