STANDARD FORM CONTRACT ON RENDERING TELECOMMUNICATIONS SERVICES
1. GENERAL PROVISIONS
1.1. The present Contract on telecommunications services rendering regulates relations between the Subscriber (and/or the User listed in the Annex to the Contract – List of Users, which is integral part of the Contract) and the Operator on telecommunications services rendering in the Operator’s mobile network.
1.2. The following terms and their definitions are used herein:
The Operator is Closed Joint-Stock Company ‘Belarusian Telecommunications Network’, which renders telecommunications services pursuant to License of the Ministry of Communications and Informatization of Belarus №02140/1315 of November 23, 2009, no expiry date.
The Subscriber is an individual, legal entity or individual entrepreneur who have concluded the Contract on telecommunications services rendering.
The User is an individual, employee of the Corporate subscriber or an individual entrepreneur, who has a certain subscription phone number of the Operator’s network.
A limit is an amount of money, stated by the Corporate subscriber for the billing period (a calendar month) in relation to the User and paid by the Corporate subscriber.
Telecommunications services are cellular mobile telecommunications services as well as related additional services.
The Contract on telecommunications services rendering (hereinafter referred to as the Contract) is a standard form contract that comprises the present Contract and the Annex to the present Contract and must be accepted by the Subscriber by the Subscriber’s accession to the Contract as a whole.
The Annex to the Contract is a form established by the Operator, which includes data on the Subscriber or User, as well as on the tariff plan and the Operator’s telecommunications services chosen at the moment of the registration form signing. The signing by the Customer of the registration form expresses the Customer’s absolute consent with the terms of the Contract and accession to the Contract as a whole.
2. SUBJECT OF THE CONTRACT
2.1. The Operator renders telecommunications services to the Subscriber and the User (the Users) according to the Subscriber’s tariff plan and the Subscriber and the User (the Users) undertake to duly pay for the rendered services at the rates established by the Operator. Meanwhile, the Subscriber’s current tariff plan is an integral part of the present Contract.
2.2. Telecommunications services are rendered to the Subscriber and the User (the Users) on condition that they own, possess or operate a terminal (mobile phone, modem, etc.) certified in the National framework of the conformity verification of the Republic of Belarus.
2.3. The Contract is concluded by means of signing the Annex to the Contract by the Subscriber and the Users. The Annex is an integral part of the Contract. The Contract comes into force from the moment of signing of the Annex to the Contract.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The Operator undertakes:
3.1.1. To provide the Subscriber and the User (Users) with relevant and accurate information on the chosen tariff plan, services (including a range of services), schedule of rates, as well as network coverage at the conclusion of the Contract.
3.1.2. Following the signing of the Annex to the Contract by the Parties, which testifies to the accession to the Contract, complete consent with the terms of the Contract, including fines, their amount, the procedure for the payment of the fines in case of the improper fulfillment of the obligations, to connect the Subscriber and the User (the Users) to the Operator’s network by providing if necessary a SIM card (SIM cards) and a Subscriber’s number (Subscriber’s numbers) within 24 hours for individuals, within 48 hours for Corporate subscribers and individual entrepreneurs.
3.1.3. To render telecommunications services pursuant to the tariff plan of the Subscriber and the Users, tariffs for additional services, as well as the Rules for the rendering of services to the Subscriber and the Users in the Operator’s network.
3.1.4. To consult the Subscriber and the User (the Users) on the issues of services and payments for the services. The procedure and terms for the consultations are defined by the Operator.
3.1.5. The Operator notifies the Subscriber and the User (the Users) of all amendments to the Contract on telecommunications services and of tariffs pursuant to the tariff plan by publication of information in mass media, global system of computer networks Internet (further referred to as Internet), the official website www.life.com.by or a text message containing amendments or a source of information not later than not later than 10 days before the amendments are introduced.
3.2. The operator has the right:
3.2.1. To change the tariffs for the services rendered and notify the Subscriber and the User (the Users) in accordance with clause 3.1.5. of the present Contract.
3.2.2. To suspend the rendering of the services by disconnecting the Subscriber and/or the User (the Users) from the network in case they fail to pay for the services or in case they submit false information. The Operator may resume the rendering of the services after the Subscriber and/or the User (the Users) have eliminated the aforementioned violations.
3.2.3. To suspend the rendering of the services on a certain Subscriber’s number in case when the amount of advance payment on the number is spent by the Subscriber or the User pursuant to the tariff plan.
3.2.4. In case the Subscriber or the Users have several Subscribers’ numbers and there is an indebtedness on one of the numbers, the Operator has the right to deduct the funds from other Subscribers’ numbers or suspend the rendering of the services.
3.2.5. The Operator also has the right to suspend servicing of the Subscriber and its Users in the Operator’s network in the following cases:
technical damage to the company’s equipment;
scheduled maintenance by the company;
in case the company has grounds to deem that the Customer commits a delinquency that inflicts damage on the company, third parties or the state with the use of telecommunications channels and the company’s facilities;
when the Customer operates a mobile device with illegally changed IMEI;
when the Customer uses a SIM card with modified software.
3.2.6. To suspend and terminate rendering telecommunications services to the users of telecommunications services, to block telephony traffic transmission through the IP protocol in cases stipulated by legislative acts, including those regulating the operation of the system for countering violations of the traffic transmission procedure on telecommunications networks.
3.2.7. When taking measures to prevent, detect and eliminate violations of the traffic transmission procedure on its telecommunications networks, to request explanations from the Subscriber on the issues of violation of the procedure for using the subscriber's number assigned to them.
3.2.8. To automatically provide access to telecommunications services not included in the current range of the Subscriber’s services by posting the relevant announcement on the official website of the Operator www.life.com.by.
3.2.9. To place any information that facilitates the Subscriber and its Users service as well as advertising information on the Operator’s information channels – SMS, MMS, USSD, IVR, etc. By acceding to the Contract, the Subscriber and its Users give consent to receive advertising information and other relevant data transmitted over communications networks including any contact numbers of the Subscriber and via emails to the email boxes of the Subscriber and its Users with a view and in cases when the necessity of such consent is envisaged in the legislation.
3.2.10. To use its own databases on the subscribers for reference and information services, including the preparation and dissemination of reference and information publications in different ways (printing, magnetic media, etc.). For the implementation of reference and information services, the Operator has the right to make use of the following data: surname, name, patronymic of the Subscriber (the User) of an individual, name (brand name) of a Corporate subscriber and a subscriber’s number.
3.2.11. To record the incoming calls to the call center of the company and film/record in service centers as well as limit access of the Subscriber and its Users to the call center in cases of multiple appeals from its subscriber’s number to specialists of the call center on the issues, which are not related to the company’s activities and or when the Subscriber infringes on ethical norms and rules of communications.
3.2.12. To substitute a subscriber’s number and/or a Subscriber’s SIM card and/or Users’ SIM cards if it is caused by technical requirements, preliminarily notifying the Subscriber within 30 days before the oncoming substitution;
3.2.13. To prevent the dissemination of electronic messages intended for an indefinite range of people and sent to the Subscriber and (or) the User without their preliminary consent, which makes it impossible to identify the senders of such messages, including the indication of nonexistent or false senders’ addresses.
3.2.14. To identify a subscriber and/or user of telecommunications services with the use of photo and video fixation facilities when rendering services to them.
3.2.15. The Operator is also entitled to automatic processing, as well as processing without automation tools, namely: collection, systematisation, accumulation, storage, clarification (updating, modification), use, distribution (including transfer to third parties) of the Subscriber’s following personal data: subscriber's number, surname, first name, patronymic, registered address at the place of residence and at the place of temporary residence, details of the identity document (its name, series, number, date of issue and name of the state body that issued the document).
3.2.16. To introduce other amendments to the present Contract by notifying the Subscriber and its Users pursuant to sub-clause 3.1.5.
3.3. The Subscriber and the User undertake:
3.3.1. To timely pay for the services in accordance with clause 4 ‘Payment for the Services’ of the present Contract. Unwarranted transfers of a SIM card to third parties, its loss do not exempt the Subscriber and its Users from the obligations under the present Contract, including the payments for the rendered services.
3.3.2. In case the data (passport data) of the Subscriber or the User indicated in the Annex to the Contract are changed, they must submit new data to the Operator in writing within 5 (five) days from the date.
3.3.3. To become familiar with the instructions for the use of services and tariffs, coverage before they start using the services of the Operator’s network.
3.3.4. To immediately inform the Operator of loss or theft of a SIM card. Meanwhile, the Subscriber and the Users incur possible expenses for the telecommunications services before the actual registration of the Subscriber’s and or the User’s application in the soft hardware of the Operator.
3.3.5. To independently track the balance and timely pay for the company’s services pursuant to the Contract, tariffs and mode of payment, as well as independently follow the amendments to the Standard form contract posted on the official website of the company www.life.com.by. Besides, the Subscriber and the User must independently keep track of the changes in the tariffs and a range of services.
3.3.6. Not to transfer a SIM card to third parties and not to modify, copy or substitute the software of the SIM card.
3.3.7. Not to pursue actions related to the dissemination of electronic messages intended for an indefinite range of people and delivered to the Subscriber and (or) the User without their preliminary consent, which makes it impossible to identify the senders of such messages, including the indication of nonexistent or falsified source addresses.
3.3.8. The Subscriber (corporate subscriber, individual entrepreneur) is obliged to keep a Register of Users in relation to each subscriber’s number and to provide such information to the Operator upon request.
3.4. The Subscriber and the User have the right:
3.4.1. To demand the fulfillment of the Operator’s obligations under the present Contract.
3.4.2. To change the range of services by means of any accessible channel of services, including their own. The identification of the Subscriber and the User (the Users) is implemented by the identity document of the contract holder, in their personal presence or in the presence of the authorized representative under the power of attorney or by password when they call the call center of the Operator. A password is a series of numbers from 4 till 8, indicated by the Subscriber or the User in the way specified by the Operator. All actions implemented with the use of the password are considered executed with the consent of the Subscriber and/or the User (the Users). All indicated amendments come into force not later than 24 (twenty-four) hours from the moment of the action commission. To use all telecommunications services pursuant to the coverage and technical facilities of the Operator.
3.4.3. To apply to the company for information concerning the fulfillment of the Contract.
3.4.4. To reject the opportunity to receive advertising information through the Operator’s information channels by one of the methods provided by the Operator, when such a rejection is envisaged in the legislation.
3.4.5. To change the number of the Users, their limits in writing by notifying the Operator of the relevant changes.
3.4.6. To demand the exclusion of the data indicated in sub-clause 3.2.8. of the Contract from reference and information publications of the Operator.
4. PAYMENT FOR SERVICES
4.1. The Subscribers and the Users, regardless of the selected offer and payment method, either make a minimum advance payment while signing the Annex to the Contract or pay for the telecommunications services upon completion of services. The range of roaming services also depends on the opportunities of the Operator’s roaming partner. The determination of the range of services rendered to the Subscriber or the Users by the Operator is implemented in accordance with the Operator’s billing system or the facilities of other Operators, in particular while rendering roaming services.
4.2. The Subscriber makes payment for the services in ways defined by the Operator depending on the method of payment on the tariff plan, namely:
- in cash to a subscriber’s number – on tariff plans which presuppose advance payment – refilling the balance as necessary. The data on the remaining amount of the telecommunications services can be obtained by the Subscriber and the User by independent service channels, by USSD *100#, or while calling short number 900 inside life:) network, as well as while applying to the Operator’s call center, or by any other method. Advanced payments made by the Subscriber and the Users are used for the payment for the services under the Contract in proportion to their utilization. The amount of the advance payment (pre-payment) is not charged interest on and an interest rate is not paid;
- in non-cash form till the 25th of the month that follows the billing month on the basis of the invoice issued by the Operator on the tariff plans upon completion of services or by advance payment for Corporate subscribers. For Corporate subscribers and individual entrepreneurs who pay either upon completion of services or by advance payment till the 15th of the month that follows the billing month, the company prepares invoices including all types of fees for the services rendered in the billing month, which are authenticated by a facsimile stamp of the company and a signature of the authorized person. The Subscriber’s payment obligations are considered completed from the date of the funds transfer to the account of the Operator. The funds received from the Subscriber to the Operator’s account are evenly distributed on every subscriber’s number, which are serviced under the Contract, unless otherwise is indicated by the Subscriber. Meanwhile, the Subscriber must take into account that the duration of funds to the Operator may take up to 2 (two) bank days;
- in non-cash form till the 25th of the month that follows the billing month on the basis of the invoice issued by the Operator and the payment request with a preliminary acceptance submitted by the Operator to the bank on the tariff plans upon completion of services and with a mixed mode of payment;
- in cash or in non-cash form to a subscriber’s number on tariff plans with a mixed mode of payment.
4.3. A Corporate subscriber or an individual entrepreneur may order a delivery of invoice by one of the methods offered by the Company, whereupon an invoice amounting to less than BYN 1,00 (one) inclusive is sent by the Operator to email of the Subscriber. The email is indicated in the Annex to the Contract. Invoices amounting to more than BYN 1,00 (one) are sent in accordance with the way indicated in the Annex to the Contract.
4.4. The non-receipt of the invoice due to untimely informing of the Operator of the changed details (change of the mail address, rejection from receipt, etc) is not a reason for non-payment of services rendered. In such a case, the Subscriber shall independently ask for an invoice.
4.5. Information on the amount of fees for telecommunications services in the current month of the Subscriber and/or its User, which are transferred to the payments system, can be obtained independently through self-service systems or by other methods established by the company. The particular issues for provision of the data can be found on the official website of the company www.life.com.by.
4.6. The rendering of services without advance payments is not a reason for the non-fulfillment of the Subscriber’s and/or the User’s obligations related to the payment for the services rendered.
4.7. In case of a delay in payment for the services rendered, the Operator has the right to charge the Subscriber and the User a fine of 0.5 (zero point five) per cent from the outstanding amount per every day of delay as well as a penalty in the amount of two basic units established on the day of payment.
4.8. Tariffs for the services are established independently by the Operator pursuant to the legislation of the Republic of Belarus. Information on the tariffs can be obtained by the Subscriber and the Users in the Operator’s offices, its authorized representatives, published in mass media or disseminated in a different way upon the discretion of the Operator.
4.9. If the Subscriber and the Users have delays in payments on other Contracts on telecommunications services rendering concluded with the Operator, the Operator has the right to transfer the payments under the present Contract to the payment of the outstanding amount. Meanwhile, the remaining amount is transferred to the account. The Operator must inform the Subscriber of the transfer of funds via a text message.
5. QUALITY OF TELECOMMUNICATIONS SERVICES
5.1. The quality of telecommunications services in the network of the Operator complies with the applicable technical regulations of the Republic of Belarus and License of the Ministry of Communications and Informatization of Belarus №02140/1315 of November 23, 2009, no expiry date. The Operator renders telecommunications services 24/7, without a pause, except for repair and maintenance works.
5.2. While rendering a monthly package of telecommunications services within the frames of the tariff plan, the parameters of the quality of services are granted on the levels specified below:
a) rate of packet data service availability – not more than 5 per cent;
b) time factor for connection establishment in packet-switched data communication – not more than 2 per cent;
c) rate of data transmission interruption– not more than 5 per cent.
5.3. Due to natural conditions of wave transmission, mobile telecommunications provided to the Subscriber and the User can be deteriorated, interrupted or accompanied by foiling close to and inside building, tunnels, basements and other underground structures, local topographic features and housing system, weather conditions and other reasons.
5.4. Mobile telecommunications provided to the Subscriber and the User on account of the network engineering aspects depend on the quality of the local landlines, facilities of the Operators of international and intercity communications, which are beyond the Operator’s competence.
5.5. The Operator bears no responsibility for deficiencies in the quality of telecommunications services, which are caused by the use of non-approved subscriber terminal equipment (further called STE) or equipment, which was changed or modified without the approval of the producer of equipment and the Operator. Confirmation of certification is within the Subscriber’s competence.
5.6. The Operator is liable only for substantial breach of telecommunications, including temporary deterioration in quality of telecommunications and (or) the network equipment failure, when the fault of the Operator is proved and such liability cannot exceed the amount of monthly subscription fee or other obligatory monthly fee in proportion to the time of actual failure to render the services.
5.7. The circumstances, which exclude the liability of the Operator for the non-fulfillment of the obligations under the Contract, are force majeure circumstances and other circumstances, which cannot be predicted, prevented by the Operator’s reasonable efforts. The operator is not liable for any losses and other consequences, which result from the use or impossibility of use of the Operator’s telecommunications services.
6. LIABILITY OF THE PARTIES
6.1. The Parties are liable for the non-fulfillment or improper fulfillment of the obligations under the Contract pursuant to the legislation of the Republic of Belarus.
6.2. The Operator bears no responsibility for any consequence of the Subscriber’s and the User’s use of mobile telecommunications.
6.3. The Operator is not liable for temporary faults in the network functioning, which result from testing, assembling, updating and maintenance of the facilities.
6.4. In case of regular returns of the Operator’s invoices from the Subscriber’s and/or the User’s address and their failure to report a new delivery address, the Operator has the right to suspend the delivery of invoices to the Subscriber. Meanwhile, the Operator is not liable for the consequences of the Subscriber’s failure to pay for the services.
6.5. In case the Subscriber (or/and the User) tampers with a SIM card or its software, which results in the changing, supplementing, copying (cloning) of a SIM card or its software, as well as a result of the aforementioned activities, the Subscriber and/or the User compensate for the Operator’s losses, which are caused as a result of such activities, and pays the Operator a fine in an amount of two basic units.
7. SUPPLEMENTARY CONDITIONS
7.1. In case of loss, theft or other reasons for the lack of a SIM card (STE) on behalf of the Subscriber and/or the User, the Subscriber and/or the User independently bear all responsibilities for the payment of services. The Subscriber’s and/or the User’s call to the Operator’s Call center must be confirmed in writing within 24 hours.
7.2. In case of violation of equipment operating rules, which was received and/or bought by the Subscriber pursuant to the present Contract and led to technical malfunctions, and in case of its improper storage, which led to its loss or theft, the equipment replacement is not implemented by CJSC ‘BeST’. The Subscriber and/or User are fully liable for the undertaken obligations.
7.3. The replacement of a SIM card after its loss, full or partial blocking is paid in an amount specified by the Operator.
7.4. The Operator is not liable for the malfunctions of the equipment in case the Subscriber and/or the User use unlicensed operating systems, including software, which may influence the operability of the equipment and software environment as a whole. The list of compatible operating systems is indicated on the packaging of the equipment and/or its instructions.
7.5. Any dispute between the Parties shall be resolved in accordance with the legislation of the Republic of Belarus.
7.6. The Subscriber and/or the User are not entitled to transfer its rights and obligations under the Contract to third parties without written consent of the Operator. The change of the ownership under the Contract to a third party is implemented in accordance with the relevant procedures and tariffs.
7.7. The Subscriber and/or the User guarantee that all information and data are reliable.
7.8. All appeals of Subscribers and/or Users are considered in accordance with the law ‘On public and legal entities appeals’.
8. DURATION OF THE CONTRACT
8.1. The Contract is a standard form contract, comes into force from the date of its accession by signing the Annex and is concluded for an indefinite period of time. Upon the agreement of the Parties, there may be concluded a fixed-term contract.
8.2. Upon their initiative, the Subscriber and/or the User have the right to terminate the Contract by making all payments to the Operator (pay the outstanding amount) and by submitting a relevant application not later than 10 (ten) working days before the Contract termination, on contracts with obligations the application must be submitted not later than 30 (thirty) working days.
8.2.1. In case of termination of the Contract upon the Subscriber’s and/or User’s initiative within 90 days after the conclusion of the Contract, the Subscriber and/or User reimburses the Operator the costs incurred to connect the Subscriber and/or User to the Operator's communications network and activate the subscriber’s number, being a payment upon termination of the Contract in accordance with the established tariff in effect at the time when the Subscriber and/or User submits an application to the Operator for the termination of the Contract on rendering telecommunications services.
8.3. The filing of application on the Contract on mobile telecommunications services and transfer of subscriber’s number (numbers) on behalf of the Subscriber and the User to the Operator entails the termination of mutual obligations on the transferred number (numbers), except for the payment obligations, and mutual obligations for the transferred number (numbers), except for the payment obligations, which are considered terminated from the moment of the Operator’s receipt of a possibility of the transfer of a subscriber’s number (numbers) from the database of the transferred numbers.
8.4. The Operator has the right to suspend the rendering of the mobile telecommunications services in case the Subscriber fails to fulfill its obligations under the Contract on mobile telecommunications services rendering as well as legal acts.
8.5. The Operator must inform the Subscriber of its intention to terminate the rendering of mobile telecommunications services with the indication of the termination date and of its own right to terminate the Contract on a unilateral basis if such a violation is not corrected.
8.6. The Contract is considered terminated on a unilateral basis if within 90 (ninety) days following the suspension of the rendering of mobile telecommunications services the Subscriber and or the User has not corrected the violation (non-fulfillment of the Contract terms and (or) the requirements of the legislation), which caused the suspension. Meanwhile, the payment due dates and their amounts must be tracked by the Subscriber and/or the User on their own making use of all communication channels of the Provider, namely the official website http://www.life.com.by, the Call center, text messages, etc.
8.7. While terminating the Contract, upon the application of the Subscriber and/or the User, the remaining amount of the paid amount for the Operator’s services is refunded. The refund as a final mutual payment with the Subscriber and/or the User while terminating the Contract is implemented in the way indicated by the Subscriber and/or the User within 30 (thirty) days from the termination of the Contract. All expenses linked to the refund are covered by the Subscriber and/or the User.
8.8. While terminating the Contract, all one-time fees, such as subscription fee, choice of number, change of tariff plan, etc, are not refunded. Bonuses and discounts offered by the Company to the Subscriber and/or the User within advertising campaigns are not paid in money equivalent, unless otherwise is specified by the Instruction on the rendering of the services on the tariff plan/offer, selected by the Subscriber and/or the User.
8.9. While terminating the Contract, the Operator disconnects the Subscriber’s number from the network.
8.10. From the moment of the Contract termination, the obligations of the Parties are considered terminated, except for the payments for the rendered but not paid services.