MTS Network Use Conditions

I. GENERAL PROVISIONS

• Subscriber means a legal entity or an individual who entered into a Service Contract/Agreement with the Operator.
• Advance payment means Subscriber’s preliminary monetary contribution for the future services the Operator is supposed to provide.
• Subscriber’s fee means fixed sum payments the Operator may set for the Subscriber for permanent access to its telecommunication network and/or roaming operators’ networks regardless of the fact of service consumption.
• Subscriber’s line means a telephone network line which connects an end user equipment with a base exchange.
• Contract/Agreement means an agreement between the Operator and the Subscriber or between the Operator and the User as regards the rights, obligations and liability of the Operator and the Subscriber or the Operator and the Useras regards the grounds, conditions and procedure of provision, consumption and payment for mobile telecommunications services.
• Additional Agreement means an agreement between the Parties as regards additional rights, obligations and liability of the Subscriber and the Operator regarding the scope of services, effective period of the Contract/Agreement, which contains terms and conditions to add to those prescribed by a Contract/Agreement and the Conditions of Use.
• Value-Added Services mean the services, which the Subscriber may consume at the set rates separately from the basic telecommunications services. The value-added services cover: temporary suspension of the service, repeated connection to the network and/or service, etc.
• “UMC” CJSC means mobile communications operator being a legal entity established under the legislation of Ukraine and an owner of the following trademarks: ÌÒS, ÅÊÎÒÅL and JEANS.
• Foreign roaming partner means any legal entity that offers and provides mobile communications services in the other country and with whom the Operator has made a relevant international roaming contract.
• Data Clearing House means the institution that maintains accounting for “UMC” CJSC of the services provided by its roaming partners according to GSMA international association standards.
• User means a person using the mobile network services free of written Contract, including ÅÊÎÒÅL and JEANS networks. Besides these Conditions of Use, other conditions of provision of services to users are regulated by additional reference books and user guidelines for the same services.
• End User Equipment means the equipment designed for connection with an end point of telecommunications network in order to ensure access to telecommunications services and is proved by a duly issued certificate of compliance and is capable to make and receive communication sessions without any other equipment and may freely move within the area covered by the Operator’s network.
• Operator means a legal entity providing mobile communications services, an owner of the mobile network.
• Services mean the mobile communications services offered by the Operator where its mobile networks are used as well as additional services relating to them regardless of the Operator’s technical capabilities.
• Start of service provision means provision of a telephone number (S²Ì card) to use upon payment of the Operator’s bills by the Subscriber, the funds receipt on the Operator’s account and checking of the documents presented by the Subscriber.
• Suspension of service provision under the Contract/Agreement means (termination of mobile communications) temporary restriction of the scope of services initiated by the Operator or upon the Subscriber’s application.
• Termination of a Contract/Agreement means final cancellation of service provision through termination of a Contract/Agreement on the grounds specified in these Conditions of Use and a Contract/Agreement.
• Parties mean the Operator and the Subscriber, the User
• Tariff means a document containing the list, description, value of the Services and Value-Added services the Operator provides.
• Tariff plan means combination of technical and price-related parameters of the Service setting the Service price according to the tariffs, provision conditions, service and value-added services billing procedure.
• Conclusion of a Contract/Agreement means a procedure of signing a written Contract/Agreement with the Operator after the documents presented by the Subscriber have been checked, the Subscriber has read and understood the Conditions of Use and information about mobile communication services and the Subscriber has paid necessary bills. The Contract/Agreement signed by both parties shall be deemed made but not effective until the event takes place or the action is made as may be specified in a Contract/Agreement, these Conditions of Use and tariffs.
• GSM gateway means a device connecting local (office) exchanges with GSM networks.
• S²Ì card is a module of Subscriber’s identification in telephone networks.

²². CONCLUDING A CONTRACT/AGREEMENT AND STARTING PROVISION OF THE SERVICES

• The Subscriber-individual is younger than 18 or the Subscriber has been acknowledged by a court to be legally incapable (impaired);
• The Subscriber has debts to the Operator underprevious Contracts/Agreements;
• The Subscriber does not fulfill the Operator’s requirementsto provide personal details in the scope specified in these Conditions of Use, the Law of Ukraine “On Telecommunications” and subordinate legislation;

2.4.1. legal entities - residents:

• Certificate of state registration of a company indicating its identification code (ZKPO - enterprise code);
• Certificate of an enterprise registration as a VAT payer
• powers of a person making a Contract/Agreement;
• bank details;
• Certificate of the Uniform State Register of Enterprises and Organizations of Ukraine for legal entities-residents of Ukraine or an extract from the trade, court or commercial register for legal entities - nonresidents of Ukraine;
• registered and actual address and e-mail address;
• contact person’s name and contact telephone number in Ukraine;
• if a Service Contract/Agreement is made by a branch or representative office of the Subscriber, the Subscriber submits an extract from regulations of a branch or representative office instead of a certificate of state registration - the extract should prove the right of structural unit to enter into economic contracts in the name of the Subscriber – or a power of attorney demonstrating the powers of a branch, representative office or their official to make contract on behalf of the Subscriber.
• A contract and relevant documents should be signed by an enterprise (organization) director and sealed on the part of a legal entity. If documents are submitted by another person, the person should possess the power of attorney to enter into a contract and deal with the Operator and the same authorized person’s passport.
• In order to get equipment (phone sets, accessories) paid by cashless transfer of funds, a person should present a power of attorney in a registered high-security form and an authorized person’s passport.

 

2.4.2. legal entities - nonresidents:

• Duly legalized constituent documents – either notarized or apostilled (depending on a country),

 

the following documents may be produced:

• Certificate of company registration dated not earlier than within a year of the date of extract from the register
• Minutes of directors appointment
• Minutes of company’s registered address (the same period of limitation – up to a year)
• Document of no tax debts and other registration payments

 

2.4.3. resident individuals:

• valid passport of a citizen of Ukraine containing a stamp of registered address in Ukraine;
• identification code certificate;
• actual address (mailing address);
• contact telephone number in Ukraine.

 

2.4.4. nonresident individuals:

• valid passport of a citizen of a foreign country containing a stamp of registration at a checkpoint on the state border of Ukraine (visa effective period should be not less than 6 months), for stateless persons – an identification document;
• place of permanent/temporary residence (mail, e-mail address) in Ukraine;
• contact telephone number in Ukraine.

 

2.4.5. Foreign diplomatic missions (embassies, consulates) submit a certificate of accreditation with the Ministry of Foreign Affairs of Ukraine and a document proving the powers of a person to enter into a Contract/Agreement.

III. SUBSCRIBER’S RIGHTS

3.1.1. From the effective date of a Contract/Agreement, to use the Operator’s servicesin accordance with the Contract/Agreement between the parties and these Conditions of Use as well as to require that the Operator perform its obligations specified in the Conditions of Use;

 

3.1.2. To order and use at its option the services on Operator’s offerin accordance with the tariffsas the Operator mayset taking into account the capabilities of the Subscriber’s telephone set;

 

3.1.3. To reject a Contract/Agreement in the event of disagreement with any modification of the service tariffs by visiting the Operator inperson or through an authorized representative and filing a written application for rejection of the services within 6 days from the date of publicizing the information about the tariffs modification;

 

3.1.4. To get the following information from the Operator:

• about its accounts, account balance upon advance payment;
• about the services, Operator’s networkand roaming coverage, procedure of use of the telephone number, Operator’s tariffs;
• about potential barriers and changes in Operator’s mobile network;
• free of charge upon a written application seeking to get details (detailed bill) of the amount billed for the billing period the Subscriber complains about
• other information related to the services provided by the Operator;

 

3.1.5. To reject the services and terminate a Contract/Agreement unilaterally submitting a written notice to the Operator 7 calendar days before ceasing the use of the services. In this case, the Subscriber shall be entitled for repayment of the unused advance payment funds (except the amount of initial advance payment – clause 10.5 of these Conditions of Use);

 

3.1.6. To suspend consumption of the services at his/her option according to the procedure specified in these Conditions of Use and provisions of his/her Contract/Agreement;

 

3.1.7. To change a tariff plan unless otherwise stated in an Additional Agreement;

 

3.1.8. To submit written applications, proposals and complaints for consideration of the Operator;

 

3.1.9. To terminate a Contract/Agreement in compliance with the procedures specified in the same Contract/Agreement or these Conditions of Use;

IV. SUBSCRIBER’S OBLIGATIONS

4.1.1. To comply with the terms and conditions of the Contract/Agreement between the parties and the Conditions of Use;

4.1.2. To timely pay bills for the services provided by the Operator in accordance with the procedure of paying bills specified in his/her Contract/Agreement and the Conditions of Use, pay advance contributions before the previous advance payment amount has been used up;

4.1.3. To checkin person the balance on an account, to make the next advance payment where necessary. If the amount paid in advance has been used up completely the Operator shall be entitled to temporarily restrict and/or limit provision of mobile communications services to the same Subscriber;

 

4.1.4. To communicate the Operator in writing about any of the following events:

• changes in his surname, company name, registered and actual address, mail address, contact telephone number, other legal details and provide the new details simultaneously;
• theft or loss of passport – if the Subscriber is an individual;
• theft or loss of constituent documents or seal – if the Subscriber is a legal entity;
• theft or loss of a mobile phone set and/or S²Ì card the Subscriber uses;
• winding up of bankruptcy of the Subscriber – if the Subscriber is a legal entity – but not later than the date of initiation of a bankruptcy or winding up procedure;

 

4.1.5. To prevent commercial use of end user equipment and subscriber’s lines for provision of mobile communication services to any third parties.

 

4.1.6. To prevent connection of end user equipment that lacks a certificate of compliance and does not comply with the conditions of use of the same equipment in Ukraine.

V. OPERATOR’S RIGHTS

5.1.1. To demand that the Subscriber meets all the obligations specified in a Contract/Agreement and these Conditions of Use;

 

5.1.2. To set and modify the service tariffs, mobile network coverage, the list of roaming partners;

 

5.1.3. To set and modify the conditions and list of services provided in the Operator’s network;

 

5.1.4. To reject conclusion of a Contract/Agreement, to terminate a Contract/Agreement, to limit and/or suspend provision of the services on the grounds specified in a Contract/Agreement and these Conditions of Use. Terminating a Contract/Agreement and where there are relevant grounds the Operator reservesthe right to charge a contractual sanction in accordance with the procedure and on the grounds as may be specified in an Additional Agreement (if any);

 

5.1.5. Upon a two-week prior notice, to deny further provision of the services that are not covered by monthly subscriber’s fee and the services that require extra network resources (such as Voice Mail, Data Transmission, Fax Message Transmission, etc.) if the Subscriber has not been using these services for three months;

 

5.1.6. To disconnect Subscriber’s end user equipment and suspend provision of the services in the events specified in a Contract/Agreement and the Conditions of Use;

 

5.1.8.If the Subscriber uses the roaming service the Operator reserves the right to include to the then current billing period the services consumed in the previous billing periods;

 

5.1.9. If the Subscriber is in debt for the service provided under a Contract/Agreement the Operator may provide third parties – Subscriber’s potential creditors information about the status of arrears under a Contract/Agreement (including his full name, identification code (number), address or other details indicated by the Subscriber in a Contract/Agreement) as well as to use this information in order to form the list of debtors open for third parties;

 

5.1.10 If the advance payment amount has been used in full the Operator shall be entitled to temporarily limit and/or restrict provision of mobile communication services to the Subscriber.

• an individual or a legal entity have or is willing to connect four or more telephone numbers to the Operator’s network;
• an individual or a legal entity has no permanent place of residence in Ukraine;
• an individual or a legal entity is a representative of a foreign company in Ukraine;
• an individual or a legal entity orders international communication and roaming services not in a ÌÒS company shop, addresses of ÌÒS company shops are listed at the site: www.mts.com.ua

VI. OPERATOR’S OBLIGATIONS

6.1.1. To comply with the terms and conditions of the Contract/Agreement between the parties and the Conditions of Use;

 

6.1.2. To provide the Subscriber the services in accordance with the terms and conditions of the Contract/Agreement;

 

6.1.3. To provide the Subscriber the information about the effective tariffs, the Conditions of Use, to provide information about the use of the advance payment, to provide other information related to the provided services;

 

6.1.4. Upon Subscriber’s application to suspend (terminate) the provision of mobile communication services or terminate the Contract/Agreement (including if a phone set has been stolen);

 

6.1.5. To communicate the Subscriber that the Operator’s details and tariffs have been changed through mass media sources;

 

6.1.6. Regularly within each following month to compile bills for the provided services including international (including international roaming) telephone calls, but no later than within three months upon provision of the services;

 

6.1.7. Within three months from the date of written termination of the Contract/Agreement, to send a final bill by mail to the Subscriber;

 

6.1.8. If the Operator rejects conclusion of the Contract/Agreement to return to the Subscriber the amount he/she has paid (except the cases specified in clause 2.6 herein) or upon expiry of the Contract/Agreement to return to the Subscriber the remaining amount of advance payment by transfer to the Subscriber’s bank account the latter indicates;

 

6.1.9. To consider Subscriber’s written applications, proposals and complaints within the period established by applicable legislation of Ukraine;

 

6.1.10. Not to disclose the Subscribers’ registration data except as otherwise may be provided by the legislation of Ukraine;

 

6.1.11. The Operator shall not be obliged to publish information about the tariffs and coverage of its foreign roaming partners, availability and quality of their services and shall not be liable for trustworthiness of the same information where it is published, and shall not be liable for modification of tariffs, services and coverage by its foreign roaming partners.

VII. ACCOUNTS SETTLEMENT AND PAYMENT PROCEDURE

7.2.1. Every Subscriber is provided one personal account to settle accounts for the services provided under all registered Subscriber’s numbers.

 

7.2.2. In certain cases, the Operator may provide several personal accounts for each group of telephone numbers.

• maintenance of calls to a roaming mobile provided within Ukraine
• services provided in foreign roaming partner’s network outside Ukraine (servicing of incoming voice calls to a roaming mobile)

• international roaming services provided within Ukraine
• services provided in foreign roaming partner’s network outside Ukraine (servicing of outgoing calls, SMS and GPRS sessions from a roaming mobile)

• on per second basis – for all incoming and outgoing calls in Ukraine;
• on per minute basis – for all international incoming and outgoing calls from a roaming mobile, where each incomplete minute of an outgoing international call shall be billed as 1 (one) complete minute (for Subscribers who have concluded a written Contract/Agreement with the Operator as well as for the Users of prepaid services);
• for ordering or access to a service;
• for sending text (SMS) or multimedia (ÌÌS) messages;
• for incoming or outgoing information/data;
• for other services as the Operator may launch from time to time and the Subscriber consumes.

• accounting data maintained by the Data Clearing House for the Operator based on the tariffs and billing intervals set by a foreign roaming partner – for the roaming service component provided within foreign roaming partner’s network
• accounting data maintained within the Operator’s network (for the service of organizing international roaming and for the service of organizing calls to a roaming mobile provided within the area of Ukraine).

VIII. PROCEDURE OF TEMPORARY LIMITATION AND/OR RESTRICTION OF MOBILE COMMUNICATION SERVICES

8.4.1. The Subscriber fails to pay issued bill(s) as required in these Conditions of Use and Contract/Agreement;

 

8.4.2. The price of the consumed mobile communication services provided by the Operator to the Subscriber’s telephone number(s) exceeds the amount of advance payment on his/her personal account;

 

8.4.3. Bankruptcy procedure has been initiated against the Subscriber or if the Subscriber is a legal entity winding up procedure has been initiated or Subscriber’s bank account and property has been seized;

 

8.4.4. The Subscriber has violated these Conditions of Use;

 

8.4.5. A person who signed a Contract/agreement lacks requisite powers;

 

8.4.6. The Operator got to know that the Subscriber uses illegally purchased end user equipment and/or SIM card;

 

8.4.7. The Subscriber was the Operator’s debtor under a Contract/Agreement made in person or on his/her behalf or there are reasons for doubts about his/her ability to pay;

 

8.4.8. The Subscriber used the Operator’s networksfor immoral actions as well as actions that break or may break the public peace, encroach on honor and dignity of individuals and companies or cause their complaints or the actions that may result or resulted in downgrading the quality of the Operator’s services provided to other subscribers or abuse the rights granted under a Contract/Agreement in other forms;

 

8.4.9. The Subscriber without the Operator’s preliminary written consent uses technical devices for switching and/or routing (forwarding) incoming and/or outgoing calls using tone signals through any switching devices (GSM gateway type equipment) or sends short text messages (SÌS) and/or multimedia messages (ÌÌS) for promotional purposes;

 

8.4.10. The nature and quantity of the Subscriber’s calls demonstrate that they were aimed at getting extra benefits (bonuses, minute allowance, etc.) by the subscribers of other telecommunication networks.

IX. PROCEDURE OF CONTRACT/AGREEMENT TERMINATION

• By Subscriber’s written application filed in person or via the authorized representative;
• If the Operator rejects to further provide services to the Subscriber in the events specified in clause 9.2 herein.

• Provision of mobile communication service to the Subscriber is temporary limited due to arrears on earlier consumed services and the Subscriber fails to pay his/her debts within one month from the date of sending him/her a notice;
• The Subscriber is in arrears to the Operator under previously made Contract/Agreement and this fact has been revealed after a new Contract/Agreement took effect;
• The Subscriber submitted false details or identification documents;
• The Subscriber –legal entity has been declared bankrupt in the order established by legislation or has seized its operation;
• The Subscriber consumes the services not only to satisfy its own needs in communication services but also switches calls of other consumers of communication services through the Operator’s network to common use telephone networks including the Operator’s networks;
• The nature and quantity of the Subscriber’s calls demonstrate that they were aimed at getting extra benefits (bonuses, minute allowance, etc.) by the subscribers of other telecommunication networks.
• The Subscriber used the Operator’s networksfor immoral actions as well as actions that break or may break the public peace, encroach on honor and dignity of individuals and companies or cause their complaints or the actions that may result or result in downgrading the quality of the Operator’s services provided to other subscribers or abuse the rights provided to him under a Contract/Agreement in other forms;
• The Subscriber without the Operator’s preliminary written consent uses technical devices for switching and/or routing (forwarding) incoming and/or outgoing calls using tone signals through any switching devices (GSM gateway type equipment) or sends short text messages (SÌS) and/or multimedia messages  (ÌÌS) for promotional purposes;

9.2.1. If the Subscriber violates provisions of a Contract/Agreement, the Conditions of Use or legislation the Operator shall be entitled to stop provision of services under all SIM cards in the Subscriber’s use.

X. LIABILITY OF THE PARTIES

XI. COMPENSATION OF LOSSES

XII. OPERATOR’S NETWORK QUALITY AND COVERAGE

XIII. FINAL PROVISIONS