PUBLIC CONTACT ON PROVISIONING COMMUNICATION SERVICES
This Public Contract (hereinafter referred to as the “Contract”) defines the general terms and conditions for the provisioning of services within the telecommunications network of the cellular operator of Closed Joint Stock Company “Indigo Tajikistan” operating under license No. 11-025-CHT issued by the Communications Service under the Government of the Republic of Tajikistan (hereinafter referred to as the License) on October 31, 2011, hereinafter referred to as the “Operator”, a person who has signed up to the terms of this Contract hereinafter referred to as the “Subscriber”.
Together, the Subscriber and the Operator under this Contract are referred to as "Parties".
1. TERMS AND DEFINITIONS USED IN THIS CONTRACT
1.1. For the purposes of this Contract, the following definitions are used:
1.1.1. “Operator” – Closed Joint Stock Company “Indigo Tajikistan”, its branches and sales offices;
1.1.2. “Subscriber” - individual who has signed up to this Contract, with the Subscriber Number and / or identification code allocated for this purpose.
1.1.3. “Network / Operator’s Network” - the service area of the Operator’s telecommunications network serviced by all Operator’s communication points within the territory of the Republic of Tajikistan, where the Services are provided to the Subscriber.
1.1.4. “Telecommunication network” — transmission systems and switching or route equipment and other sources that transmit signals over wired, radio, optical or other electronic means, including satellite networks, fixed (line and packet switching, including Internet and IP telephony) and mobile terrestrial networks, as well as cable networks, regardless of the type of information transmitted;
1.1.5. “SIM-card” is an individual access card, which is a microprocessor module that is part of the Subscriber’s device that identifies the Subscriber and provides the Subscriber access to the Operator’s Services.
1.1.6. “Subscriber number” - number and / or unique identification code (or a group of numbers / codes) allocated to the Subscriber for temporary use when signing up the Contract, by means of which a connection with other Subscriber’s equipment is established and which allows to identify the Subscriber in the Operator’s network.
1.1.7. “Subscription fee” – payment amount of the Subscriber for a certain (calculated) period, which is a constant value independent of the volume of actually received services. The procedure for writing off a subscription fee is determined in the Subscriber’s Tariff Plan.
1.1.8. “Monthly subscription fee for the use of a subscriber number – is the amount of payment established by the Antimonopoly Service under the Government of the Republic of Tajikistan for the use of a subscriber number.
1.1.9. “Representative of the Operator” — a natural or legal person, as well as an individual entrepreneur authorized by the Operator to perform legally significant and other actions on its behalf;
1.1.10. “Terminal equipment” – technical means of forming telecommunication signals to transmit or receive information over radio channels.
1.1.11. “Activation of the SIM-card” - action aimed at providing access to the Operator’s Services;
1.1.12. “Account" - an “electronic” account (Subscriber’s balance), in which information about payments, charges and other types of payments for Services, information about bad debt or credit balance of the Subscriber is recorded.
1.1.13. “Payment day” –day when funds are received on the Operator’s settlement account for non-cash payment or the day of payment in cash to the Operator’s cash desk or to the cashier’s offices authorized by the Operator to receive payments, or the day of payment through the payment terminal, or the day of the payment card activation by Subscriber in the case when paying with payment cards;
1.1.14. “Additional services” – services provisioned by the Operator that are technologically inseparable from the Services specified in clause 2.1. of this Contract and aimed at increasing their consumer value. The list and cost of additional services is determined by the Operator.
1.1.15. “Content-service” – is a service implemented on the basis of the technical capability and contractual relations of the Operator, which provides the Subscriber with the use of the SIM card specified in the Contract (associated with the subscriber number that is provided by the Operator to the Subscriber under this Contract), use data transmission services and telecommunication services of other content-service providers that have concluded contract with the Operator.
1.1.16. “SMS message” - is a short text message consisting of letters, numbers or symbols, typed in a certain sequence, intended for transmission and received from the network of the Operator;
1.1.17. “Content services charges” - a reflection on the Subscriber’s account (balance), made by the Operator on the basis of data provided by other content service providers, the value of the Content-service for which the Subscriber pays to the Operator;
1.1.18. “International Roaming” - is a service realized on the basis of the technical capability and contractual relations of the Operator with telecom operators outside the Republic of Tajikistan, which enables the Subscriber to use the SIM card specified in the Contract for the purpose of using the Services in the network of another telecoms operator;
1.1.19. “Roaming Services charges” - a reflection on the subscriber's account (balance) made by the Operator on the basis of data provided by other telecom operators, the cost of international roaming services, the fee for which the Subscriber pays to the Operator;
1.1.20. “Service cut-off threshold” – is the allowed amount of the balance, established by the company, when it reaches an automatic suspension of the provision of services.
1.1.21. “Settlement period” - is the interval of time for which the Operator determines the volume of communication services actually provisioned to the Subscriber.
1.1.22. “Connection over the telecommunications network" - the establishment, as a result of a call, of interaction between communication means, which allows the Subscriber to transmit and / or receive voice and / or non-voice information;
1.1.23. “Tariff plan” - is a package offering that determines the list and cost of the Services, the features of their provision and billing, the validity period, the procedure for settlements established by the Operator to Subscribers, or in a certain limited territory.
1.1.24. “Technical ability to provision telecommunications services” - the availability of functioning technical facilities and telecommunication facilities in the area of service of the Operator’s network of telecommunications required to provide the Subscriber with telecommunications services;
1.1.25. “Communication Service” - services for mobile radiotelephone communications, telecommunication services, data transmission services, IP telephony services provided by the Operator to the Subscriber in accordance with the terms and conditions of the Licenses issued to the Operator (hereinafter referred to as “Communication Services”).
1.1.26. “MMS” - is the standard designed for the exchange of multimedia messages (images, audio and video fragments).
1.1.28. “USSD” (Unstructured Supplementary Service Data) is a standard service in GSM networks, which allows to organize interaction between a network subscriber and a service application in the mode of sending short messages.
1.1.29. “Termination” - the final and irreversible deactivation of a subscriber or client in the Operator’s Automated Settlement System.
1.1.30. “Account activity history” - is a service that provides an opportunity to receive information on the date, time, duration and cost of incoming and outgoing calls, as well as all called outgoing numbers and all mobile numbers of incoming calls, including information on the number of SMS messages sent.
1.1.31. “Active subscriber action” - any actions from the Subscriber’s side that entail paid charges (Calls, SMS / MMS, Internet and additional paid services).
2. SUBJECT OF THE CONTRACT
2.1. The operator provides certified telecommunications services in the form of transmission and reception of signs, signals, written text, images, sounds or information of any kind by wire, radio optical or other electromagnetic systems hereinafter referred to as the “Services” in accordance with the terms of this Contract, and on based on the Licenses issued by the Communications Service under the Government of the Republic of Tajikistan, within the service area, including other supplementary services, namely:
2.1.1. Connect Subscriber to the Operator’s telecommunications network with provision/allocation/assignment of an individual Subscriber number for the duration of the Contract.
2.1.2. Provide the Subscriber with the opportunity to transmit and receive information via the Subscriber terminal equipment;
2.1.3. Provide Subscriber service.
2.2. Subscriber uses the services of the Operator and pays for them in accordance with the terms of this Contract.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. Operator has the right to:
3.1.1. Upgrade the telecommunications network by restricting or stopping the provision of the Services to the Subscriber, notifying the Subscriber of this at least 5 days prior to the beginning of the specified events.
3.1.2. In the interests of the Subscriber, in order to protect Subscriber from damage caused by accidental pressing of the “Call” button, limit the duration of the connection, the time interval of which is set by the Operator.
3.1.3. Attract other legal entities or individuals to carry out its activities in accordance with the legislation of the Republic of Tajikistan.
3.1.4. Keep a record of the Subscriber’s telephone messages when the Subscriber applies to the Operator for the purpose of changing the set of services or making claims, as well as receiving reference information.
3.1.5. Not recalculate fees for Services, not compensate for damages if inaction or unsatisfactory operation of the Operator’s communications network is caused by force majeure, or by the improper actions of the Subscriber or third parties.
3.1.6. Reserve the right to set one or another filtering or blocking of the IP address and to stop the Subscriber’s access to certain fragments, objects, information resources and Internet services (addresses, sites, servers, teleconferences, mailing lists, etc.) as in Tajikistan, and abroad. Access restrictions are also introduced if the practice of exploiting the corresponding resources violates the generally accepted norms for the use of the Internet.
3.1.7. Make changes and / or additions to the Contract by posting information on the Operator’s website at www.tcell.tj, at the sales offices of the Operator not less than 10 days before the date of entry of such changes and (or) additions into force.
3.1.8. In the event of an emergency (military actions, natural disasters, quarantines, etc.), and the receipt of the requirements of the authorized state body in the field of telecommunications limit or suspend the Services.
3.1.9. Independently determine and set the size of the unit of billing of the Services and the procedure for payment of an incomplete billing charge.
3.1.10. Change tariffs, terms, period and payment system for the Services, notifying by means of mass media and / or in another way (by sending SMS messages, posting information on the Operator’s website at www.tcell.tj, at the Operator’s sales offices) not less than 10 days before the date of entry into force of such amendments and / or additions.
3.1.11. Suspend the provision of the Services to the Subscriber from the moment of exceeding / reaching the established threshold of disconnection from the Subscriber’s network, before the Subscriber prepays for the Services.
3.1.12. After 365 days from the date of the last activity of the Subscriber, completely discontinue the provision of the Communication Services, terminate the Contract and terminate the Subscriber’s number.
3.1.13. Unilaterally terminate this Contract in case of exceeding the term of suspension of the provision of the Services specified in paragraph 3.2.4 of this Contract.
3.1.14. If necessary, suspend the provision of services to the Subscriber in cases of violations of the terms of the Contract and the requirements of the Operator.
3.1.15. Operator has the right to refuse to conclude contract or provide services under the Contract in the following cases:
• Operator has the right to refuse to conclude contract or provide services under the Contract in the following cases:
• if the Operator has information about the debt for the telecommunications services rendered by the person in question under another agreement concluded with the Operator. In other cases provided by the legislation of the Republic of Tajikistan and restrictions set by the Operator.
3.1.16. In the event that the debt arises for the payment of the Services for any number of the Subscriber, regardless of the tariff plan used, to suspend the service of all other numbers registered for the Subscriber until the full repayment of the debt for all numbers in the order established by the Operator.
3.1.17. Limit or terminate the provision of the Services to the Subscriber of his other numbers in the event of non-fulfillment of its obligations under this Contract, and take measures to restrict or terminate the provision of the Services under this Contract until the Subscriber fully fulfills its obligations to the Operator under other contractual relationships.
3.1.18. Use the payments received from the Subscriber under this Contract for the repayment of the Subscriber’s earlier debt, if the Subscriber is in arrears in payment for the rendered Operator’s Services and additional content services. At the same time, the amount remaining after the payment of the debt is credited to the Subscriber’s account.
3.1.19. Grant the right to sign the Contract on provision of telecommunications services to the Representative on the basis of a power of attorney issued in its name.
3.1.20. Keep and use the received information about the Subscriber (personal data of the Subscriber, his subscriber number, information on the services provided to the Subscriber, information about the Subscriber’s calls, etc.) at its own discretion within the framework of its activities and in accordance with the legislation of the Republic of Tajikistan.
3.1.21. In the event if Subscriber fails to pay the debt, in the judicial procedure, to collect the debt from the Subscriber (all legal costs incurred by the Operator are reimbursed by the Subscriber).
3.2. Subscriber has the right to:
3.2.1. Obtain necessary and reliable information about the Operator and rendered services through the Operator’s information service by calling the following numbers: 7070, +992 93 505 0000 for subscribers in roaming and subscribers calling from another operator (city, other mobile operators) can also receive information on the Operator’s website: www.tcell.tj
3.2.2. Use the Operator’s network to conduct radiotelephone conversations, transmit information by technical means in accordance with the requirements of the Operator, the provisions of this Contract and its annexes.
3.2.3. Independently make changes to the set of services provided to it by electronic means or in other ways using codes, passwords and other means, as well as by direct contact with the Operator or its authorized sales offices / dealerships with the completion of necessary documents approved by the Operator, at its discretion.
3.2.4. Suspend the use of services for a period not exceeding 90 days after submission of a written application to the Operator.
3.2.5. Provide the Operator with a claim within the time limit stipulated by the legislation of the Republic of Tajikistan from the moment of violation by the Operator of the terms of this Contract.
3.2.6. Receive on a written application, subject to providing a document proving his identity (passport of a citizen of the Republic of Tajikistan) and for an additional fee detailing the invoice for telephone calls, duration of calls, subscriber numbers, additional services used and other detailed reports on the status and history of his account. In this case, the detailed report period is provided to the Subscriber depending on the technical capability of the Operator.
3.3. Operator is obliged:
3.3.1. Connect the SIM-card to the network and provide the Service to the Subscriber in accordance with the chosen tariff plan and the list of Services included in the basic package of services provided by the Operator to the Subscriber, provided that the Subscriber has a positive balance.
3.3.2. Provide the Subscriber with the right to use the Subscriber number serviced by the Operator’s network for the validity period of the Contract.
3.3.3. Provide information necessary for the conclusion and execution of this Contract on the terms of connection of individuals, as well as non-residents of the Republic of Tajikistan. The given information in Russian and Tajik languages in a clear and accessible form is provided free of charge to the subscribers at the specialized customer service points and on the official website of the Operator - www.tcell.tj;
3.3.4. Ensure confidentiality of the transmitted / received and other information of the Subscriber, in accordance with the current legislation, except for cases stipulated by law.
3.3.5. Upon the Subscriber’s request, provide Roaming service in the networks of telecommunications operators outside the Republic of Tajikistan.
3.3.6. Provide the Subscriber with information regarding the Services provided to him in accordance with the terms of this Contract and the current legislation of the Republic of Tajikistan.
3.3.7. Temporarily suspend the provision of the Services upon receipt of a written application from the Subscriber for a period not exceeding 90 days in accordance with clause 3.2.4.
3.3.8. Provide the Subscriber with free calls to emergency services number in the Republic of Tajikistan to the following numbers: 101, 102, 103, 104 and 111.
3.4. Subscriber is obliged:
3.4.1. Familiarize with the rules of the provision of services by the Operator and the possibilities (technical organizational and other) of using the Operator’s coverage area, the list of possible services and tariffs for International Roaming services prior to the use of a radiotelephone in the networks of other operators.
3.4.2. When using Tariff plans with a monthly subscription fee, make an advance payment in full before the new settlement period or immediately after connecting the Subscriber Number to the Operator’s network.
3.4.3. To pay for the Operator’s Services in full in accordance with the terms of this Contract and its annexes.
3.4.4. When concluding this Contract for the purposes of subscriber registration in the Automated Settlement System, provide the Operator, if the Subscriber:
• natural person - reliable and complete information about himself, as well as present national passport of a citizen of the Republic of Tajikistan;
• natural person is not a resident of RT - a passport of a citizen of a foreign country with mandatory registration in authorized bodies of the Republic of Tajikistan. A limited list of tariff plans and services defined by the Operator is subject to connection.
3.4.5. Immediately notify the Operator with a written statement of loss, theft, loss of the SIM card, other circumstances that may impede or make it impossible to fulfill the terms of this Contract. In this case, the Subscriber is obligated to pay for the services provided by the Operator.
3.4.6. When reconnecting to the cellular network, pay for connection to the cellular network in accordance with the procedure and conditions established by the Operator.
3.4.7. Do not use the Services provided by the Operator for unlawful acts:
• Do not use the numbers provided to conduct lotteries, polls, competitions, quizzes, advertisements, polls, mass mailings, install gateways for access to fixed or mobile networks, Internet telephony and events, without the prior written consent of the Operator, leading to disruption in the operation of equipment and communication devices or annoying third parties.
3.4.8. Comply with all Operator’s requirements for the Subscribers, which are published on the Operator’s website, as well as the responsibilities stipulated in this Contract.
3.4.9. Do not use the Operator’s Communication services to pass outgoing traffic from other telecom operators and communication networks.
4. CALCULATIONS FOR SERVICES
4.1. Tariffs for Services and additional services are established by the Operator. The price and the list of Tariffs for Services and additional services are indicated in the tariff proposals of the Operator.
4.2. Accounting for the duration of services rendered to the Subscriber, i.e. telephone connection, duration of calls, as well as additional services provided on the basis of the Subscriber’s request, is established and maintained by the Operator.
4.3. The calculation of the time for the provisioning of services is counted from the first second of answered call or
4.4. The fee for communication services provided is determined based on the duration of the telephone connection, the number of requests, the amount of data traffic received, the number of additional communication services, and others, each of which is billed separately based on the information of the Operator’s Automated Settlement System.
4.5. Upon signing this Contract, the Subscriber is charged an invoice including the charge for connection of the SIM card to the network, advance and other payments, in accordance with the selected and specified additional services in the annexes to this Contract. Operator provides services to the Subscriber after depositing funds to the balance.
4.6. The amount of the subscription fee is determined by the Operator. The Subscriber shall pay a fee based on the terms of the chosen tariff plan. The Subscriber shall pay an additional fee for the additional services ordered by him in accordance with the Operator’s current regulations and tariffs.
4.7. Оператора In case of disagreement on the cost of services rendered, the basis for the calculations of the Parties is the data of the Operator’s Automated Settlement System.
4.8. Acceptance of payments is carried out by the Operator or the person authorized by the Operator. Funds are
4.9. During the validity period of this Contract, the Subscriber shall be charged in full for all types of services selected by the Subscriber in accordance with the rules and tariffs established by the Operator on the day of charging. In the event that the Subscriber’s debt arises for the use of the Operator’s services above the established cut-off threshold, the Operator shall suspend the provision of services to the Subscriber without prior notice to repayment of the debt and making money as a prepayment to the personal account.
4.10. Reporting period is one calendar month.
4.11. Calculations for communication services are made in the national currency of the Republic of Tajikistan – Somoni (TJS).
5. RESPONSIBILITY OF THE PARTIES
5.1. For failure to perform or improper performance of obligations arising from this Contract, the Parties bear responsibility in accordance with the legislation of the Republic of Tajikistan and this Contract.
5.2. The guilty party is liable only for direct damages caused to the other party. Indirect losses are not compensated.
5.3. In the event that the Subscriber does not repay his debt and the Operator’s request to collect the debt to the court, the Operator has the right to demand compensation for the amount of the debt, as well as all incurred legal expenses.
5.4. The Subscriber personally is hold accountable to the Operator or third parties in the event that the SIM card is handed to third parties.
5.5. Operator is not accountable for partial or full performance of its obligations, as well as non-performance and or improper performance of its obligations under this Contract, if it fails to act was a consequence of force majeure circumstances. In addition to the generally accepted circumstances of force majeure, the parties also agreed to attribute the actions of the Government, public authorities and / or organizations that result from the limitation of the Operator's ability to provide Services and / or changing the form and procedure for payment, the installation, testing and technical configuration of equipment.
5.6. The operator is completely discharged from responsibility for failure to perform or improper performance of this Contract, if such failure is caused by:
• improper operation of the SIM card by the Subscriber, mobile device or other terminal equipment. All material costs (expenses) for eliminating breakdowns caused by improper operation by the Subscriber of the equipment are assigned to the Subscriber;
• the location of the mobile device outside the coverage area of the cellular network, as well as the location of the mobile device near and / or inside buildings and structures in basements, tunnels and other places that impede the propagation of radio waves;
• adverse terrain and meteorological conditions;
• faults and / or poor performance of equipment of other telecommunications Operators, as well as equipment of the Operator in the possession and use of other telecommunications operators;
• Subscriber not receiving information on tariff changes, quotations and other material information for reasons beyond the control of the Operator in the performance of the actions, as a result of which the Subscriber is expected to receive such information.
5.7. The Operator shall not be liable for any harm caused to the Subscriber by the actions of other subscribers and / or other users of the Operator’s services, as well as for the content of information transmitted and / or received by the Subscriber through the use of the cellular network, as well as other telecommunications networks.
5.8. Operator is not responsible for the quality of services of other telecom operators, including when the Subscriber is in roaming, or when combining the services of the Operator with services provided by other persons. The Operator is also not liable for damages and other consequences arising from the use or inability of the Subscriber to use the services.
5.9. The Subscriber undertakes to bear responsibility for the risks associated with the use of materials, information, services of products on the Internet, which became available to him in connection with the provision of services.
5.10. Subscriber is responsible for illegal actions aimed at causing damage to the Operator and Subscribers, including the activation of non-existent SIM cards, the use of a subscriber number for lotteries, voting, competitions, advertising, surveys, mass sending of messages to Subscribers, installation of available gateways to the fixed line network and international communication, IP-telephony using the dial-up system of available gateways and other communication services.
5.11. The Parties shall make every effort to eliminate the arising disagreements exclusively through negotiations. If it is not possible to resolve differences through negotiation, they are resolved in the manner prescribed by the legislation of the Republic of Tajikistan.
5.12. The Subscriber agrees that, in order to provide the Roaming Service, the Operator will transmit and process personal data (with the exception of the passport data) of the Subscriber through third party hardware, and when the Subscriber is in the service area of the telecommunications operators with which the Operator has the corresponding roaming agreements, storage, processing and transfer of his personal data (with the exception of passport data) may be regulated by legislative norms that are different from the norms established by the acting legislation of the Republic of Tajikistan.
6. SPECIAL CONDITIONS.
6.1. The relations that arise between the Operator and the Subscriber, in accordance with this Contract, are regulated by the Law of the Republic of Tajikistan “On telecommunication”.
7. OTHER CONDITIONS
7.1. This Contract shall enter into force upon signature and shall remain in effect until terminated by one of the Parties.
7.2. The Subscriber has the right to terminate this Contract at any time after written notice to the Operator five working days (5) in advance, subject to repayment of debts. In this case, the Subscriber reimburses to the Operator the losses incurred by the Operator and expenses caused by the refusal of the services and the termination of the Contract, including those identified in the subsequent debts for the payment of Services, Roaming services, international and long-distance communications, data transmission services.
7.3. Operator has the right to terminate this Contract in case of failure to pay the debts incurred and / or the Subscriber fails to fulfill this Contract, as well as in other cases not prohibited by the legislation of the Republic of Tajikistan.
7.4. All other conditions not stipulated by this Contract are regulated by the current legislation of the Republic of Tajikistan. The Subscriber guarantees that all information and data specified by him in this Contract and in the annexes are true.
7.5. The Subscriber’s rights may be exercised on his behalf by a representative acting on the basis of a power of attorney. Any information under this Contract is provided only to the Subscriber or a person with a properly issued power of attorney or acting on another legal basis.
7.6. The contract is made in two copies in Tajik and Russian languages, depending on the form chosen by the subscriber, one for each Party. Both copies have equal legal force.