TERMS AND CONDITIONS OF TELECOMMUNICATIONS SERVICES PROVISION
1. General Provisions
1.1 These Terms and Conditions of Telecommunications Services Provision (the “Terms and Conditions”) have been developed in accordance with the applicable legislation of the Russian Federation. These Terms and Conditions describe the corresponding rights and obligations of the Telecommunications Operator and the Customer (as defined below? together referred to as the “Parties”) and shall govern the relationship between the Telecommunications Operator and the Customer in respect of provision of telecommunications services.
In these Terms and Conditions the term “Telecommunications Operator” shall mean Limited Liability Company “Lyca Mobile” a legal entity organized and existing under the laws of the Russian Federation, OGRN 1177746124313, INN 9729056760 with its registered office located at: Russian Federation, 121357, Moscow,st. Vereyskaya, 29, p. 134
In these Terms and Conditions the term “Customer” shall mean any individual, individual entrepreneur, or legal entity that has entered into the Agreement (as defined below) with a telephone number (numbers) and/or unique identification code being issued for this purpose.
These Terms and Conditions are established by the Telecommunications Operator and may be accepted by the Customer only by accession in whole. These Terms and Conditions are available at the Telecommunications Operator`s website :
1.2 Telecommunications services shall be provided to the Customer in accordance with the licenses granted to the Telecommunications Operator and on the basis of the relevant Telecommunications Services Agreement (the “Agreement”) that is entered into by way of signing by the Customer and the Telecommunications Operator (or an authorized representative of the Customer/Telecommunications Operator) of the Agreement form. Under the Agreement the Telecommunications Operator provides the telecommunications services to the Customer in consideration of the payment for the telecommunications services by the Customer.
The Parties have agreed that the Agreement may be signed by facsimile, by a typographic copy of signature, or by reproduction of a handwritten signature of the Telecommunications Operator’s authorized representative.
These Terms and Conditions constitute an integral part of the Agreement.
The Agreement shall be concluded for an indefinite term, unless the Parties agree otherwise in the Agreement (should the Customer wish so, The Agreement can be entered into for a definite term).
1.3 Upon entering into the Agreement the Customer shall be granted, for the term of the Agreement, an identification module (SIM card that allows the Customer to access and use the telecommunications services by inserting it into compatible equipment), or such an identification module or a terminal of the Customer shall be programmed as appropriate (depending on the standard of the telecommunications network and on current of access provision to the Telecommunications Operator’s telecommunications network used by the Telecommunications Operator to provide telecommunications services to the Customer); the related documentation shall also be transferred to the Customer. For the purposes of telecommunications services provision, a telephone (subscriber) number shall be attributed to the Customer.
1.4 The Customer shall independently purchase a Customer`s terminal (end user equipment). Such Customer`s terminal shall be functioning and meet the established requirements provided for by the applicable Russian laws.
1.5 The access to the mobile network shall be granted as from entering into the Agreement and activation of the identification module. In case the Telecommunications Operator establishes a minimum advance payment pursuant to clause 5.2.1 hereof, the access to the mobile network shall be granted as from the moment of signing of the Agreement, depositing of the minimum advance payment and activation of the identification module.
1.6 List of telecommunications services to be provided to the Customer by the Telecommunications Operator is the following:
-services of mobile communications (access to the Telecommunications Operator`s mobile network with the use of the elements of the telecommunications networks of other telecommunications operators holding the relevant licenses; connections via the Telecommunications Operator`s mobile network for the receipt (transfer) of voice and non-voice data with ensuring continuity of communications when providing telecommunications services irrespective of the Customer`s location; connections with customers and/or users of other mobile networks and landline public telecommunications networks; access to telematic communications services, as well as to data transfer communications services, except for voice transfer services; access to information service)
-other services that are provided by the Telecommunications Operator either by itself and/or through thirds parties, such services from a technical point of view being intrinsically connected with telecommunications services specified above and aimed at increasing their customer value (procedures for provision, payment for, and prices of other services are indicated in conditions of appropriate services provision or will be communicated to the Customers by other means).
2. Obligations and Rights of the Telecommunications Operator
2.1 The Telecommunications Operator shall:
2.1.1. provide telecommunications services to the Customer on a twenty-four-seven basis in full compliance with terms of the licenses held by the Operator;
2.1.2. provide the Customer with the information required for conclusion and performance of the Agreement in the manner specified by the applicable legislation of the Russian Federation;
2.1.3. ensure privacy of phone conversations and messages transmitted via telecommunications networks;
2.1.4.for the purpose of provision of information services, use, in the information system, the Customer`s data as mentioned in Article 53 of the Federal Law No.126-FZ “On Communications” dated 7July 2003,and transfer such data to third parties only with a written consent of the Customer, except for the cases provided for by federal laws;
2.1.5. provide for the possibility for the Customer to call, on a free-charge twenty-four-seven basis, emergency services (fire protection, emergency service, police, emergency medical service, emergency gas service and other services, the full list of which is determined by the Government of the Russian Federation);
2.1.6.provide to the Customer 24-hour free-of-charge information services consisting in provision of information on tariffs, balance of Customer`s contract account, including any debts of the Customer thereunder, served areas of the Telecommunications Operator`s telecommunications network, as well as receive from the Customer information on any technical failures interfering with the use of telecommunications services;
2.1.7. eliminate within the terms established by the Telecommunications Operator any failures interfering with the use of telecommunications services. The information regarding the terms of such elimination shall be available on the website of the Telecommunications Operator;
2.1.8. resume provision of telecommunications services to the Customer within the terms established by the legislation of the Russian Federation upon receipt of relevant payment from the Customer or submission by the Customer of documents confirming the payment (in case of suspension of communication services for violation of payment terms);
2.1.9.upon entering into the Agreement provide the Customer with information on any agreement for mobile communication on any agreements for mobile communications services existing between the Customer and the Telecommunications Operator and/or any person acting on its behalf, within the terms established by the applicable legislation of the Russian Federation. Such information shall be provided directly to the Customer with the use of the Internet, particularly to the email address if the Customer selected this means of communication;
2.1.10. to terminate the provision of communication services upon receipt of a request from the body carrying out operational-search activities, or an order of the federal executive body exercising the functions of control and supervision in the field of mass media, mass communications, information technology and communications, formed based on the results of control measures, if the subscriber has not provided, within 15 (fifteen) days, the correspondence of the personal data of actual users to the information stated in the subscription agreements, as well as in the case of prevention and suppression of crimes using communication networks and means of communication;
2.1.11. upon receipt of a request for the need to confirm the personal data of the actual user with the information stated in the contract, the Operator within 3 (three) working days sends this request to the Subscriber indicating the date of termination of the provision of communication services in the event that the subscriber did not provide the correspondence of personal data with one or more from the following ways:
by sending text;
by sending a message using the Operator’s information service, including an autoinformer;
using «Internet» network, including via email (in case of existing address) or via text using the Operator’s self-service system, through which the subscriber has access to information about the telephone services provided to him and about settlements with the Operator, as well as other information (personal account);
2.1.12. re-inform the Subscriber in the manner provided for in paragraphs. 2.1.11 of these Conditions, on the timing of termination of the provision of communication services in case of non-confirmation of the compliance of the personal data of the actual user with the information stated in the Agreement, no later than 3 days before the termination of the provision of communication services;
2.1.13 to perform other duties stipulated by the current legislation of the Russian Federation.
2.2 The Telecommunications Operator is entitled to:
2.2.1. demand from the Customer compliance with provisions of the current legislation of the Russian Federation, the Agreement, and these Terms and Conditions;
2.2.2. entrust a third party with entering into the Agreement (including the Agreement providing for the use of a ported telephone number) on behalf and at the expense of the Telecommunications Operator and with making settlements with the Customer and performing other actions related to service of Customers on behalf of the Telecommunications Operator;
2.2.3. perform all necessary repair and maintenance works in its network;
2.2.4. temporarily suspend or restrict provision of telecommunications services to the Customer in the event of any natural or technological disasters;
2.2.5. define on its own the list of paid information services provided by the Telecommunications Operator;
2.2.6. amend tariffs (tariff plans) for telecommunications services in accordance with these Terms and Conditions;
2.2.7. depending on technical features of operation of the Telecommunications Operator`s telecommunications network, establish the maximum duration of a continuous connection;
2.2.8.use the contact number and email address specified by the Customer in the Agreement to provide the Customer with the information regarding the Telecommunications Operator, the services provided to the Customers, and customer support;
2.2.9.perform other actions which are provided for (or not prohibited) by these Terms and Conditions and the applicable legislation of the Russian Federation, including preventing or restricting access to certain websites and services over the Telecommunications Operator`s telecommunications network.
3. Obligations and Rights of the Customer
3.1. The Customer shall
3.1.1. within the terms defined by the Agreement and these Terms and Conditions, pay for telecommunications services and other services provided by the Telecommunication Operator, as well as for services the access to which is granted by the Telecommunications Operator;
3.1.2.use a Customer`s terminal in accordance with the established requirements and comply with the user`s manual thereof, and take into consideration specific prescriptions and rules in force in specific places (airport,aircraft, etc.), as well as restrictions in case of possible interferences or emergencies (medical institutions, service stations, territories where fuel is stored or operated, places where blasting works are performed, etc.);
3.1.3.submit to the Telecommunications Operator (this provision applies to Customers being legal entities and individual entrepreneurs), within 15 (fifteen) days as from signing by the Customer of the Agreement /annex to the Agreement for assignation of telephone numbers, unless a different term is established by the Russian legislation, and the future submit on a quarterly basis a list of person using the Customer`s terminals with identification modules installed/programmed by the Telecommunications Operator, or the Customer`s terminal equipment programmed by the Telecommunications Operator, such a list duly certified by an authorized representative of the Customer being a legal entity or individual entrepreneur and containing names, surnames, patronymics, domicile addresses and ID documents details of such persons. Information on change of users of equipment, particularly on new equipment users shall be submitted by the Customer within 15 (fifteen) days as from the date when such change became known to the Customer. The Customer shall represent and warrant that the information provided in the list submitted to the Telecommunications Operator has been obtained and processed in compliance with the current statutory requirements, is accurate, complete, and reliable;
3.1.4.confirm accuracy of the data related to the Customer indicated in the Agreement and other data provided by the Customer upon signing the Agreement; in the event of changes to such data (including change of names, surnames, patronymics or domicile of Customers being individuals, or name (corporate name) and registered address of Customers being legal entities) communicate such changes to the Telecommunications Operator in writing or in a different form specified by the Telecommunications Operator within 60(sixty) days from the date of the said changes;
3.1.5. upon receipt of a request from the Operator with the requirement to confirm the compliance of the personal data of the actual user with the information stated in the contract, confirm the personal data within 15 (fifteen) days from the date of receipt of the request;
3.1.6. immediately inform the Telecommunications Operator in writing of any loss, theft, or order cases of forfeit of the identification module, as well as any fraudulent or improper use of the identification module;
3.1.7.keep the identification module safe and not damage the identification module, not provide the identification module to third parties for retrieving data, copying data, and performing other similar actions, as well as ensure that third parties are not granted temporary access to the identification module that may lead to the above illegal actions;
3.1.8.not use telecommunications services provided by the Telecommunications Operator and the telephone number assigned under the Agreement for the purposes of mass distribution of advertisement messages or other mass distributions violating the applicable legislation of the Russian Federation; for conducting of lotteries, voting, trivia games, contests, inquiries, for installation and use of gateways, redial systems, equipment for automated receipt and processing of telecommunications messages (automated centers); and for carrying out other activities aimed at generating profit, without a written authorization of the Telecommunications Operator; as well as not perform other actions jeopardizing the normal operation of the telecommunications network and inflicting damage to the Telecommunications Operator, other Customers and/or third parties, particularly not distribute spam and malicious software;
In this clause of these Terms and Conditions and further in the text the term “gateway” means a hardware and software complex, a server or any other equipment used for exchange with voice and/or other data between the Telecommunications Operator`s telecommunications network and other telecommunications networks allowing to get access to other telecommunications network and/or grant to third parties access to the Telecommunications Operator`s telecommunications network;
3.1.9. perform other actions which are provided for by the applicable legislation of the Russian Federation;
3.2. The Customer is entitled to:
3.2.1. obtain the required and trustworthy information about the Telecommunications Operator, its working pattern and telecommunications services provided;
3.2.2. demand recalculation of payments to the extent of the return in full of the amounts paid for telecommunication services due to non-provision of such services through no fault of the Customer or improper provision of the same;
3.2.3. refuse to pay for telecommunications services provided without the Customer`s consent;
3.2.4. obtain (at an extra charge, as may be defined by the Telecommunications Operator) additional information on telecommunications services provided (itemization of bills), including indication of date and time of connections, their duration, and telephone numbers;
3.2.5.if such a possibility is allowed by the applicable legislation of the Russian Federation, move from the existing tariff plan to another available tariff plan, order and receive telecommunications services or reject services, or act otherwise to modify parameters of telecommunications services provided/other provisions of the Agreement subject to notification of the Telecommunications Operator in writing or in another form specified by the Telecommunications Operator, in particular, by entering specific codes, password, etc.idicated by the Telecommunication Operator via a Customer`s terminal keyboard, by text messages or using voice and/or Internet services offered by the Telecommunication Operator, or else by doing other implicative actions the list and performance of which are defined by the Telecommunications Operator and which confirm that a specific instruction was given by the Customer (these actions being equal to a written request of the Customer);
3.2.6.if such a possibility is allowed by the Telecommunications Operator, use a code word set by the Customer pursuant to the procedure established by the Telecommunications Operator, for the purposes of information service and/or exercise of rights provided under clause 3.2.5 hereof. All the actions performed with application of the code word are deemed to be performed by the Customer;
3.2.7.if such a possibility is allowed by the Telecommunications Operator, use in a manner and on terms defined by the Telecommunications Operator a personal account, i.e the self-service system administered by the Telecommunications Operator, the access to which is granted for authorized Customer using the Internet to obtain the following functionality; obtaining information on telecommunications services use, the payments status, and other information associated with provision of telecommunications services under the Agreement; ordering of itemization of bills; modification of the list of services provided, tariff plans, other provision of the Agreement. All actions performed in the personal account upon authorization are deemed to be performed by the Customer;
3.2.8.after an appropriate request (application) to the Telecommunications Operator, obtain information (about balance of the contract account, additional services, etc.) in relation of the Customer`s terminal not only in Russian, but also in other versions where technically feasible for the Telecommunications Operator;
3.2.9. agree to receive (or withdraw from the same) advertising content distributed via telecommunications networks in cases when the appropriate consent is required by the Russian legislation. Advertising content will not include information on the Telecommunications Operator and services which shall be brought to the notice of the Customer by the Telecommunications Operator pursuant to the legislation of the Russian Federation;
3.2.10. agree to (or refuse of) the use by the Telecommunications Operator of the Customer`s data in the information service system for provision of information services, or to (of)transmission of such information to third parties.
4. Tariffs to services provided by the Telecommunications Operator
4.1. The Telecommunications Operator defines tariffs to all types of telecommunications services at its own discretion. The tariffs to telecommunication services selected by the Customer upon signing of the Agreement
Shall be specified in the tariff plan which makes an integral part of the Agreement. The current tariffs are available at the website of the Telecommunications Operator. The Customer is entitled to opt for the most appropriate tariff from the tariffs published at the website.
4.2. Modifications of tariffs to telecommunications services are introduced by the Telecommunications Operator at its own discretion and are brought to Customer`s notice by means mentioned in clause 6.2 hereof.
4.3. The Telecommunications Operator is entitled to set the billing units of telecommunications services and establish the manner of calculation of incomplete billing units. The billing unit is specified in a tariff (tariff plan); such billing unit of mobile phone services shall not exceed 1 (one) minute.
4.4. The Telecommunication Operator is entitled to provide to the Customer discounts (bonuses) on active tariffs depending on the quantity of telecommunication services paid up by the Customer or on other parameters, as well as to grant other special offers subject to performance by the Customer of specific provisions of the Agreement. Such discounts (bonuses) and other special offers for Customers are included to permanent or temporary (with limited term of validity ) offers (campaigns) which conditions are posted on the website of the Telecommunications Operator or made available to the public in customer support offices.
4.5. the Tariff plan is provided by the Operator for 30 calendar days and is extended if there is a sufficient amount of money on the subscriber’s account. If the subscriber’s account does not have enough funds, the tariff plan will not be renewed.
5. Procedure for, terms and forms of settlements
5.1. Telecommunication services are paid for by cash or noncash settlements. The services may also be paid by activation of prepaid card (top-up vouchers) in any form issued by the Telecommunications Operator. In accordance with the requirements of the Russian laws prepaid cards contain the data used to provide the Telecommunications Operator with the information on the payment for telecommunications services.
In particular, the Customer may purchase a prepaid card (top-up voucher) at any agent or partner (participating retail outlet) of the Telecommunication Operator and activate the code by following the dialing instructions. The Customer may activate the code for a top-up voucher purchased at any agent or partner (participating retail outlet) of the Telecommunications Operator by using the online top-up service. If this option is available, the Customer may also purchase a top-up voucher online and activate the code by using the online top-up service.
5.2. Telecommunications services may be paid for by advance or deferred payments or by a combination thereof (if appropriate programs and tariff plans are available for the Customer). Further details of the payment procedures shall be provided in the tariff plans.
5.2.1. In case of advance payment certain amounts of money are transferred to the Customer`s contract account and accounted on the same as an equivalent of Customer`s rights for obtainment of telecommunication services. The Telecommunications Operator is entitled to define the minimum amount of advance payment that the Customer shall pass to the contract account upon signing of the Agreement.
Upon depletion of funds transferred by the Customer to the contract account the provision of services is suspended without prior notice unless the Parties have agreed otherwise in accordance with the programs and tariffs plans offered by the Telecommunications Operator (including use of deferred payments/extension of a credit limit by the Telecommunications Operator)
5.2.2. In case of deferred payment, the term of payment for the telecommunication services is established by the Telecommunication Operator at its own discretion; however, this term can not be less than 20 (twenty) days following the last day of the billing period.
5.2.3. The Customer may be granted a credit limit. The amount of such credit limit of telecommunications services will be defined and modified at the discretion of the Telecommunications Operator. The Telecommunication Operator is entitled to suspend provision of telecommunications services, if the credit limits the threshold defined by the Telecommunications Operator.
In Particular, as it shall be specified in the Customer`s tariff plan, the Customer may send to the Telecommunication Operator a text requesting the extension of a credit limit by the Telecommunications Operator.
5.2.4. Payments for content services from a technical point of view being intrinsically connected with mobile communications services and aimed at increasing their customer value may be effected according to the procedure established by these Terms and Conditions from the contract account or from a separate account of the Customer created by the Telecommunications Operator following an appropriate Customer`s request. In case a separate account is created the payments for content services are effected only form such Customer`s separate account; if the Customer fails to request creation of a separate contract account, the funds for payment for content services will be written off from the contract account of the Customer mentioned in the Agreement
5.2.5. In the event that the Customer has ordered in the Agreement the invoice delivery service, the Telecommunications Operator will send invoice to the Customer within 10 (ten) days upon termination of the billing period. If the Customer indicates in the Agreement as the address of delivery the Telecommunication Operator`s office or the Customer`s personal account, he/she will be entitled to obtain the invoice in the office or personal account, respectively, upon expiry of 10 (ten) days from the end of the billing period.
When the Agreement is executed by a Customer not being a VAT payer, the Telecommunications Operator issues no VAT invoices. Such Customers, when signing the Agreement and/or using telecommunications services under the Agreement, agree not to receive VAT invoices form the Telecommunication Operator unless they instruct otherwise in writing.
5.3. The billing period in respect of telecommunications services provided is equal to 30 calendar days
5.4. The call setup fee in the telecommunications network is defined depending on the call duration expressed in the quantity of billing units in the telecommunications network
5.5. The Customer shall transfer to the Telecommunications Operator a payment for telecommunications services even in cases when the Customer using the identification module specified in the Agreement employs telecommunications services of a different telecommunications operator (roaming) or services of third parties having no contracts with the Customer, given that the access to services of such third parties is granted by the Telecommunications Operator.
5.6. The telecommunications services shall be paid for pursuant to the tariff which was in effect at the moment of a connection setup. The customer has been duly notified that, when using telecommunications services with the use of the identification module in a territory other than the territory where the Agreement was concluded, the tariffs to telecommunications services may be higher By accepting an incoming call, making an outgoing call, sending a text message or making other actions which confirm ordering of a telecommunications service the Customer agrees to conditions of such service provision and prices.
5.7. All the settlement for telecommunications services are affected in Russian rubles;
5.8. The use by the Customer of telecommunications services is billed and paid for by the Customer according to the tariff (tariff plan) selected by the Customer.
5.9. When the Customer receives services in the network of a different telecommunications operator with the use of the identification module specified in the Agreement, the Telecommunications Operator calculates due amounts under such services progressively as it obtains information on amount of services rendered to the Customer by such operators. Depending on technical features of the procedure of data exchange, the calculation of due amounts and the writing off of such amount may be made with a delay; therefore, it may result in incurring of debt on the Customer`s account.
6. Suspension, modification, termination of the Agreement
6.1. The Telecommunication Operator is entitled to suspend provision of telecommunications services in the following cases:
6.1.1. if the Customer connects to the network a Customer`s terminal not compliant with the established requirements, or if the use by the Customer of a deficient Customer`s terminal affects normal operation of the Telecommunications Operator`s network or of other Customers of the Telecommunications Operator;
6.1.2. if the Customer, by using services provided by the Telecommunication Operator, inflicts damage on the Telecommunication Operator, to other Customers and/or to third parties, if he/she uses services provided by the Telecommunications Operator or the number assigned under the Agreement for conducting of lotteries, voting, trivia games, contests, inquiries, for mass distribution of advertisement messages or other mass distributions violating the applicable legislation of the Russian Federation, for installation and use of gateways, redial systems, equipment for automated receipt and processing of telecommunications messages (automated centers) and for carrying out of other activities aimed to generation of profits, with the use of telecommunications services provided by the Telecommunications Operator and the number assigned under the Agreement, without a written authorization of the Telecommunications Operator, as well as in any other cases of abuse by the Customer of rights granted under the Agreement or of violation by the Customer of requirements established by the applicable Russian legislation and these Terms and Conditions.
6.1.3. other cases established by the applicable Russian legislation and these Terms and Conditions.
6.2. The Telecommunications Operator is entitled to unilaterally modify tariffs to telecommunication services subject to a prior 10 (ten) day notice to the Customer on the Telecommunications Operator`s website and in customer support offices, if required by the applicable legislation of the Russian Federation.
6.2.1. Customers being individuals which tariffs to mobile communications services will be changed shall additionally receive text messages describing the changes, except for the cases when such Customers have withdrawn from receipt of SMS – messages on change of tariffs in favor of other means of communication offered by the Telecommunications Operator by actions allowing to verify their will, the list and the conditions of such actions being defined by the Telecommunication Operator.
6.2.2. Customers being legal entities which tariffs to mobile communications services will be changed shall be notified according to the procedure described in clause 6.2 hereof and by one of the following means at the option of the Telecommunications Operator: by including information to the invoice presented to the Customer for telecommunication services rendered by the Telecommunication Operator: by sending a written notification; by communication to the email address indicated by the Customer in the Agreement; by posting of appropriate information in the personal account of the Customer; or by sending an appropriate text message to the telephone number of the contact person indicated in the Agreement.
6.3. The Telecommunication Operator is entitled to make propositions on alteration of provisions of the Agreement and of these Terms and Conditions by posting the relevant information on the website of the Telecommunications Operator and by making such information available to the public in customer support offices. Any modification of the Agreement and of these Terms and Conditions is introduced by making a written additional agreement or, if such an option is envisaged by the applicable legislation of the Russian Federation and these Terms and Conditions, by the Customer`s implicative actions the list and order are defined by the Telecommunications Operator. The tariffs to telecommunication services shall be changed according to the procedure established by clauses 6.2, 6.2.1 and 6.2.2 hereof.
6.4. The Customer is entitled to unilaterally repudiate the Agreement (to terminate the Agreement) in full or as concerns the use of one or more telephone numbers, by notifying the Telecommunications Operator in the following manner:
-by sending an appropriate written application;
-by other means envisaged by the tariffs plan of the Customer.
In particular, concurrent completion of the following conditions shall be viewed as unilateral repudiation (termination) by the Customer of the Agreement in full or in relation to a specific telephone number:
a) the Customer does not use the telecommunications services under the Agreement in relation to a specific telephone number for a period of 90 consecutive days;
b) there are no payments made to the Customer`s contract account relating to a specific telephone number for a period of 90 consecutive days:
c) at the time of expiration of 90 days specified in clauses a) b) above (whichever is later) the balance of the Customer`s contract account is equal to or below zero
d) If you do not use your SIM Card to make a voice call, or send a message or data, or if you do not purchase a top-up using the Top-Up Services, for a period of ninety (90) days
6.5. The Customer is entitled to unilaterally terminate the Agreement at any time provided that the services provided are paid for. If the Telecommunication Operator has any information concerning the use by the Customer of roaming services, services rendered by content providers or other services provided by third parties, the procedure of Agreement termination by the Customer is postponed to the moment of billing and settlement by the Telecommunications Operator of services actually provided. The unused balance of the funds deposited by the Customer to the account as an advance payment shall be returned to the Customer upon termination of the Agreement based on an appropriate application within the term established by the applicable legislation of the Russian Federation.
6.6. Upon termination of the Agreement the Telecommunication Operator will disconnect the Customer`s identification module from the Telecommunications Operator`s network. At that the payment for connection of the Customer to the network will not be refunded.
6.7. At termination of the Agreement the Customer is entitled to demand from the Telecommunication Operator a cash equivalent of funds carried by the Telecommunications Operator on the Customer`s account in the form of bonuses, gifts, discount and subventions
7. Liabilities of Parties
7.1. In case of non-execution and improper execution of their respective obligations under the Agreement the Telecommunication Operator and the Customer shall bear responsibility in accordance with the applicable legislation of the Russian Federation.
7.2. The Telecommunications Operator is not held liable for non-execution or improper execution of its obligations under the Agreement in the event that such non-execution or improper execution was due to force majeure or to the fault of the Customer, particularly in case of connection y the Customer of a Customer`s terminal which is deficient or non-compliant with the established requirements. The fact of impossibility for the Customer to receive services shall be duly documented. Third parties whose services are made available to the Customer by the Telecommunications Operator shall be solely liable for non- provision and/or improper provision of such services to the Customer.
7.3. The Customer is entitled to present to the Telecommunications Operator written claims on provision of telecommunications services, such claims to be examined by the Telecommunications Operator within the terms established by the applicable legislation of the Russian Federation. Each such claim shall be accompanied with a copy of the Agreement and all other documents which are necessary for examination of the claim and contain evidences of non-execution or improper execution of obligations under the Agreement, and in case of a damage claim – proofs of the fact and amount of the damage inflicted. In the event of rejection of the claim, in full or in part, or of a failure to respond to the claim within the term established for examination the Customer has the right to file a legal claim. The disagreements that the Parties fail to settle amicably shall be submitted for examination by the court: on the claim of Customer being an individual (consumer) against Telecommunications Operator – in the court of the appropriate jurisdiction as defined by the applicable legislation of the Russian Federation; on the claim of the Telecommunications Operator against a Customer being an individual (consumer) and in relation to disputes between the Telecommunication Operator and a Customer being a legal entity/individual entrepreneur – in the court for the seat of the Telecommunications Operator or of a business unit, a branch or another separate subdivision of the same.
7.4. The Customer assumes responsibility for payment for telecommunication services provided upon loss of the identification module, until the obtainment by the Telecommunication Operator of a written application of the Customer on loss of the identification module.
7.5. The Telecommunications Operator is not responsible for the failure of any partner (retail outlet) to properly activate the identification module (if applicable) or top up voucher or process any payment made. In these cases, the Customer should contact the relevant retail outlet and request a refund.
8. Other Conditions
8.1. The radio-wave propagation may be influenced and affected by natural factors and conditions, local topographic features and buildings, weather conditions and other reasons, including interferences embarrassing signal receipt associated with the place and conditions of location of Customer`s equipment near buildings, in tunnels, basement and in other underground installations, radio interferences, telecommunications network overloads in several moments, software installed in Customer`s equipment, or other features of a Customer`s terminal.
8.2. Telecommunications services provided to the Customer due to technical and performance peculiarities of the network depend on stability, operational reliability of networks and communication facilities of other telecommunications operators, on quality of interconnection services and traffic transfer provided to the Telecommunications Operator, as well as an on quality of services rendered by third parties.
In particular, the roaming services are subject to the roaming contracts and service quality levels that have been agreed between other national and international telecommunications operators. The Telecommunications Operator does not have any control over the contracts or service quality levels agreed between these telecommunications operators
8.3. For the reasons described in clauses 8.1 and 8.2 above, interference or lack of connection in certain locations, or excessive traffic and communication in certain locations and at certain times, which may adversely affect the availability and signal strength shall not be deemed as improper execution of obligation by the Telecommunications Operator
8.4.1.Personal data of the Customer are processed by the Telecommunications Operator and by third acting on the instructions of the Telecommunications Operator for the purposes of conclusion and/or execution of the Agreement, particularly for organization of customer, information services, for rendering to the Customer of services related from a technical point of view to telecommunication services of the Telecommunications Operator, for collection of debts, storage (qualification, filing, inventory, electronic filing, etc.) of Agreement(s) and other contractual documentation return of funds paid by the Customer in advance, exercise, of rights and legal interest of the Telecommunication Operator or the Customer and commitment of other actions inseparably associated with execution of Agreement(s) and for observance by the Telecommunication Operator of the applicable Russian legislation
8.4.2.The Customer agrees to processing of his/her personal data enumerated in clause 8.4 hereof, with or without the use of automatic systems by means of collection, recording, classification, accumulation, storage, qualification (update, modification), extraction, use, transfer (distribution, provision, access), anonymization , blocking, deletion, removal of personal data, to entrusting of the said personal data processing to third parties and to transfer to third parties of information regarding the Customer as defined in Article 53 of the Federal Law No.126-FZ “On Communications” dated 7 July 2003 (except for information constituting privacy of communication), for the purposes provided for by clause 8.4.1 hereof
The consent given in accordance with this clause will cover the cases when the necessity of its obtainment is provided for by the current regulations of the Russian Federation
The list of third parties charged with processing of personal data on the instructions of the Telecommunications Operator, if according to applicable regulations such instructions require Customer`s consent, shall be posted on the website of the Telecommunications Operator.
8.4.3. Customer`s personal data are processed by the Telecommunications Operator as from the date of signing of the Agreement until the expiry of terms established by regulatory documents within which the Telecommunications Operator is obliged to keep information about the Customer and the services rendered to the same. The consent to processing of personal data may be revoked by the owner by addressing a written request to the Telecommunications Operator. If the personal data owner revokes his/her consent to processing of the same, the Telecommunication Operator has the right to proceed with such personal data processing without authorization of the owner if there are any grounds for that envisaged by the Federal Law No.152-FZ “On Personal Data” dated 27 July 2006
8.5. If any provision of the Agreement/these Terms and Conditions is or becomes illegal, invalid or unenforceable, such provision shall withdraw of the Agreement/these Terms and Conditions, and the Agreement/these Terms and Conditions shall be interpreted and applied as if such illegal/invalid provision never made part of them. All other provision of the Agreement/these Terms and Conditions remain in full force and effect and will not be anyhow affected by the illegal/invalid provision or the fact of its withdrawal of the Agreement/these Terms and conditions.
8.6. In accordance with the applicable Russian laws the Telecommunications Operator may from time to time monitor or record the Customer`s conversations with the Customer Services Department. This may be done for quality control purposes, to improve the telecommunications services, to ensure compliance with governmental, regulatory or enforcement agency requests or to detect fraud.
8.7. All other issues arising from the relationship between the Telecommunications Operator and the Customer that are not directly regulated by these Terms and Conditions and the Agreement shall be resolved in accordance with the applicable Russian laws.
8.8. These Terms and Conditions are made in Russian and English languages: in case of any discrepancies between the Russian and English version, the Russian version shall prevail
9. Licences of the Telecommunications Operator:
9.1 Licence No. 177350 dated 31 August 2017 for provision of mobile communications services issued by the Federal Service for Supervision in the Sphere of Communications, Information Technology and Mass Communications..
10. Customer Services Department Contacts:
10.1 The Customer may contact the Customer Services Department of the Telecommunications Operator for any enquiries in the following ways:
1. dial 980 (93#) from a Lyca Mobile Account
2. dial 84995570841 from any other telephone or +74995570841 from abroad
3. visit the website of Lyca Mobile at.
4. e-mail the Customer Services Department at <a “mailto=”” :firstname.lastname@example.org”=””>email@example.com