Annex 2
to Order No. 01/2505-P
dated December 23, 2024.
PUBLIC OFFER
for the provision of mobile communication services
Universal Mobile Systems Limited Liability Company (abbreviated name LLC UMS), trademark MOBIUZ, operating on the basis of: License AA No. 0005149 dated September 8, 2014. "For the design, construction, use of local, long-distance and international telecommunications networks and the provision of local and long-distance communication services" AA No. 0005151 dated 08.09.2014 "For the provision of international telecommunications network services"; AA No. 0005152 dated 08.09.2014
"For the design, construction, operation, and provision of mobile radio telephone (cellular) communication services"; AA No. 0006976 dated October 8, 2019 "For the design, construction, operation, and provision of data transmission services," hereinafter referred to as the "Operator," concludes with each individual who applies to it in accordance with the terms of this Public Offer, which is a Contract for the provision of mobile communication services, under the following conditions:
1. Terms and definitions. Interpretation
All section headings are used in this Agreement solely for the convenience of use (reading) and do not affect the interpretation of the terms of the Agreement or the procedure for providing mobile communication services (hereinafter referred to as communication services).
For the purposes of this Agreement, the following basic terms and definitions apply:
Subscriber – a natural person who has entered into an agreement with the Operator for the provision of mobile communication services.
Minors between the ages of fourteen and eighteen may enter into an agreement with the Operator for the provision of Communication Services with the written consent of their parents, adoptive parents, or guardians.
Subscriber device – finished equipment, an element of the mobile communication network, providing the Subscriber with the opportunity to use communication services.
The subscriber device must comply with the technical requirements established for this type of equipment in accordance with the standards in force in the Republic of Uzbekistan, as well as have a certificate of conformity in cases provided for by the legislation of the Republic of Uzbekistan.
Subscriber number – a number assigned by the Operator to the Subscriber for the duration of the Contract for the provision of mobile communication services.
Special category subscriber number – a subscriber number distinguished by a specific sequence (combination) of digits, provided by the Operator for an additional fee at the rate established for each category of numbers.
The procedure for providing the Subscriber with a special category subscriber number is determined by the Operator independently.
Detailed information on the procedure for providing special category subscriber numbers is communicated to the Subscriber at the Operator's offices, as well as by posting the relevant information on the Operator's website, publishing it in the media, and by other means acceptable to the Operator.
For the purposes of this Agreement, a subscriber number also means a special category subscriber number.
ASR – an automated settlement system (hardware and software complex) designed to automate settlements between the Operator and the Subscriber, as well as to record and process information about the Communication Services provided.
Subscription fee is a fee charged by the Operator to the Subscriber for Communication Services in accordance with the terms and conditions of the Tariff Plans and the provision of Separate Service Packages and other services by debiting the Subscriber's Personal (electronic) Account in the amount and within the time limits established by the Operator, regardless of the volume of Communication Services consumed.
Advance payment – the cost of communication services payable by the Subscriber in full (100%) for the upcoming billing period. The advance payment is calculated based on the cost of the Subscription fee for the upcoming billing period according to the Tariff plan selected by the Subscriber, the cost of the selected paid Communication Services, including the cost of the Separate service package.
The billing period for Communication Services is determined by the terms and conditions of the Tariff Plans, the terms and conditions of Separate Service Packages and other Communication Services, and the terms and conditions for providing Subscriber Numbers
of a special category of numbers.
Activation of the Payment Card is the process of transferring the nominal value contained on the Payment Card to the Subscriber's Personal (electronic) Account by the Subscriber performing certain actions specified by the Operator.
Operator's Website – the Operator's information resource located at the following electronic address: www.mobi.uz.
Subscriber Agreement – an agreement for the provision of mobile communication services concluded between the Subscriber and the Operator by the Subscriber's acceptance of its terms and conditions by signing the Registration Form in writing or in electronic form, the terms and conditions of which are determined by:
- this Agreement, posted on the Operator's website as a public offer, containing the terms and conditions of the relationship between the Operator and the Subscriber. The terms and conditions of the Public Offer are established by the Operator independently and may be accepted by the Subscriber only by agreeing to them in their entirety;
- the registration form, which is filled out by the Subscriber in written or electronic form when assigning a subscriber number to them and which records the tariff plan selected by the subscriber and the subscriber's acceptance of the terms of the agreement;
- the tariff plan, which is chosen independently by the subscriber.
The registration form, the terms and conditions of the Tariff Plans, as well as the terms and conditions and procedure for the provision of individual service packages and other Communication Services, including the terms and conditions and procedure for the provision of a Subscriber number of a special category of numbers, are an integral part of the Agreement.
A payment card is a means of payment to the Operator, through which the Initial Advance Payment and Advance Payments for Communication Services can be made. The Payment Card contains a fixed amount (nominal value), which is debited in full from the Payment Card after its activation. The amount contained on the Payment Card, the serial number of the Payment Card, and the PIN code of the Payment Card (a sequence of decimal numbers), as well as the validity period of the Payment Card, are indicated on the card.
Content — text or multimedia data of an informational, entertainment, or other nature received at the request of the Subscriber via SMS or GPRS.
Content provider — a legal entity that provides paid Content services to Subscribers through the Operator's Network. The list of Content providers and Content services provided is available on the Operator's Website and on the websites of Content providers.
Password – the Subscriber's personal password, consisting of a specific combination of letters and/or numbers, equivalent to the Subscriber's identity card, for identification when the latter contacts the Operator's Reference and Information Department by telephone.
Personal (electronic) account – an analytical electronic document in the Operator's automated billing system, intended for the Subscriber to pay for Communication Services, containing information expressed in monetary terms about the funds deposited and spent by the Subscriber when using Communication Services.
The procedure for reflecting the funds paid by the Subscriber and their write-off on the Personal (electronic) account is established by the Operator.
Separate service package – A specific volume of Communication Services not included in the Tariff Plan.
Operator's office – a room or building where the Operator receives and serves Subscribers, stores and processes the subscriber database and all documentation related to the Operator's activities. Information about the location of the Operator's head office and its service centers in the regions of the Republic of Uzbekistan, as well as their working hours, is available on the Operator's website and is updated as necessary (in case of a change of address, etc.) in accordance with the established procedure.
A dealer service point, hereinafter referred to as a dealer office, is a point of sale of a legal entity authorized by the Operator in accordance with the established procedure to conclude mobile service agreements on behalf of the Operator, as well as to perform other actions in accordance with the rights granted to it. Information about the Operator's Dealers is available on the Operator's Website.
Initial advance payment – the cost of communication services payable by the Subscriber in full (100%) after the conclusion of the Agreement for the Operator to begin providing Communication Services.
The initial advance payment consists of the cost of providing access to the Operator's Network, the cost of the Subscription fee for the first billing period in accordance with the Tariff plan selected by the Subscriber, and the cost of the selected paid Communication Services.
The billing period for Communication Services is determined by the terms of the Tariff Plans, the terms of Individual Service Packages and other Communication Services, and the terms for providing a Subscriber Number of a special category of numbers.
In cases where the Subscriber is provided with a special category Subscriber number, the initial advance payment also includes the cost of the special category Subscriber number.
In cases where a special category subscriber number is provided on the condition that its cost is paid in installments, the initial advance payment also includes the subscription fee for the first billing period (the subscription fee for the first month of the monthly subscription fee).
The operator has the right to set a minimum amount for payment.
Provision of access to the Operator's Network – actions taken by the Operator to process the Subscriber's personal data and enter it into the Operator's hardware and software complex. The Subscriber gains access to the Operator's Network after making the Initial Advance Payment.
The duration of a radio telephone connection is the length of time from the moment the Operator's equipment determines the response of the called party to the moment the Operator's equipment determines the termination of the radio telephone connection by one of the parties.
A radio telephone connection is the establishment of radio telephone communication between two subscriber devices, one of which is used by the Subscriber, enabling the exchange of information.
Roaming is a communication service that provides the Subscriber with access to another mobile (cellular) operator's network (international roaming) when the Subscriber is outside the Republic of Uzbekistan in another country, with the mandatory preservation of the Subscriber's initial registration in the Operator's network.
Information about the Operator's roaming partners and the terms and conditions for the provision of roaming services is available at the Operator's offices and/or on the Operator's website.
The registration form is an integral part of the Agreement, establishing the fact that the Subscriber has read the terms and conditions of the Agreement and confirming the Subscriber's full and unconditional acceptance and consent to the processing of the Subscriber's personal data. The registration form contains information about the Subscriber, the subscriber number assigned to the Subscriber, the Tariff Plan selected by the Subscriber, and the list of Communication Services, the method of delivery of the bill, and other essential terms of the Agreement.
The registration form is also a document confirming the transfer of the SIM card from the Operator to the Subscriber.
A registration form is completed for each Subscriber number provided to the Subscriber.
The Operator's network is a set of technical means (switching and radio equipment, subscriber devices, connecting lines, facilities, etc.) through which Communication Services are provided to the Subscriber.
Tariff - the price set by the Operator per unit of measurement of the Communication Service.
Tariff plan - a set of pricing conditions under which the Operator offers one or more Communication Services.
Archive tariff plan - a tariff plan previously approved by the operator, which is closed for new connections and cannot be switched to from other tariff plans.
Technical capability to provide Communication Services - the availability of functioning technical means and communication facilities in the Operator's service area necessary to provide Communication Services to the Subscriber.
Technical capability to provide access to the Operator's Network – the availability of free numbers in the Operator's numbering capacity and/or communication channels, including radio channels, taking into account the volume of available radio frequency resources.
Communication Services - services provided by the Operator in accordance with the approved and current Tariffs and/or Tariff Plans for Providing Access to the Operator's Network, receiving, processing, transmitting radio signals or data, as well as other services provided by the Operator to the Subscriber using the Operator's automatic service system.
The Operator independently determines the list of Communication Services provided to the Subscriber, taking into account the technical capabilities of the Operator's Network.
Subscriber's identity The identity of a natural person is established on the basis of the following documents:
-citizens of the Republic of Uzbekistan – passport, ID card of a citizen of the Republic of Uzbekistan;
-military personnel - identity card or military ID issued by the command of military units and military institutions with the attachment of a certificate of the established form confirming the passport details of the military personnel and the place of permanent or temporary registration (except for military IDs of citizens subject to military service);
- foreign citizens - their national passport or residence permit in the Republic of Uzbekistan (identification ID card) or diplomatic passport or accreditation card confirming accreditation in the Republic of Uzbekistan
-citizens of the Republic of Uzbekistan permanently residing abroad and registered with the consulate - biometric passport of a citizen of the Republic of Uzbekistan for traveling abroad;
-stateless persons - residence permit in the Republic of Uzbekistan (ID card);
-a new-style driver's license issued in accordance with the form specified in Resolution No. 116 of the Cabinet of Ministers of the Republic of Uzbekistan dated March 2, 2017.
When establishing the identity of the Subscriber, a natural person who has applied in electronic form, including through EPIGU, to conclude this agreement, the Operator uses data from the relevant information resources.
GPRS – (General Packet Radio Service) – A packet data transmission service via a radio channel.
SMS (Short Message Service) – A communication service that allows the Subscriber to send and receive short text messages via (using) the Subscriber's device.
SIM card (Subscriber Identity Module) – An identification module with a built-in microchip that identifies the Subscriber's device, provides access to the mobile network, and protects against unauthorized use of the Subscriber's number.
When the SIM card is moved to different Subscriber Devices, the Subscriber retains all network settings and the assigned Subscriber Number.
eSIM (embedded SIM) is a virtual subscriber device identification module. It is used to identify the subscriber device, enable its use of the mobile network, and protect against unauthorized use of the subscriber number.
All actions with the Subscriber's SIM card/eSIM are considered to be performed on behalf of the Subscriber.
SMS gateway – a hardware and software tool that allows sending and receiving SMS messages. GSM gateway – a multi-channel or single-channel mobile device and software and hardware tool that connects to the Internet, a public landline network, and/or a mobile operator's network and allows:
- redirect any incoming international calls coming from the VoIP channel to one of the GSM network channels;
- receive and forward incoming international/local SMS (one-time password - OTP, verification SMS, etc.) using a subscriber SIM card/eSIM or number to ensure that calls/SMS are billed as intra-network or calls/SMS to other networks within RUz.
Subscriber number portability, MNP (Mobile Number Portability) — a set of organizational and technical measures taken to preserve and use the subscriber number assigned to the subscriber by the donor in accordance with the mobile service agreement when concluding a new agreement with another mobile operator (recipient);
Operator (provider) Donor — a mobile operator from which a subscriber's number is transferred from a mobile network.
Recipient operator (provider) - a mobile operator to whose mobile network the subscriber's number is transferred.
Centralized database of ported numbers (hereinafter referred to as CDPN) - a hardware and software complex that manages a database of information about ported subscriber numbers on mobile communication networks, including information specified in this provision.
Face ID is a scanner of the three-dimensional shape of a person's face. The system is used for the following purposes:
▪ ️ confirmation (authentication) of user identity;
▪ ️ confirmation (verification) of a person's identity.
In other cases provided for by law when concluding contracts, in cases where the law or agreement of the parties requires a document to be signed by hand, Face ID is recognized as a signature and electronic confirmation expressing consent and allowing the identification and authentication of the person who signed the document.
2. Subject of the Agreement
2.1. The Operator undertakes to provide the Subscriber with Communication Services, taking into account the technical capabilities of the Operator's network, and the Subscriber undertakes to pay for the Communication Services on the terms and in the manner established by the Agreement.
2.2. To provide Communication Services, the Subscriber shall be provided with a subscriber number (subscriber numbers) specified in the Registration Form (Registration Forms).
2.3. The terms and conditions of the Tariff Plans, the terms and conditions and procedure for the provision of Separate Service Packages and other Communication Services, including the terms and conditions and procedure for the provision of a Subscriber Number of a special category of numbers, shall be determined by the Operator and posted at the Operator's Offices, on the Operator's Website and/or in the media.
2.4. This Public Offer applies to all Subscribers and replaces the previously concluded Agreement with the Subscriber for the provision of mobile communication services. From the moment of publication of this Public Offer on the Company's website, the terms and conditions for the provision of communication services to Subscribers shall be determined in accordance with the terms and conditions of this Public Offer. In this case, signing/resigning the Registration Form is not required.
3. Procedure for concluding, amending, and terminating the Agreement
3.1. To conclude the Agreement, the Subscriber shall provide the Operator with the Subscriber's identity card. The Operator shall process the following personal data of the Subscriber:
-surname, first name, patronymic;
-date of birth;
-place of residence (permanent or temporary registration address);
-citizenship;
-details of the identity document: series, number, date of issue, issuing authority, PINFL;
-contact telephone number;
-email address (if available).
The Operator processes the Subscriber's personal data using its own software and hardware.
3.1.1. The Subscriber's personal data is processed by the Operator, as well as by third parties acting on behalf of the Operator, for the purposes of:
-collecting accounts receivable for Communication Services;
-storing Registration Forms and other contractual documentation;
- returning funds paid by the Subscriber as an advance payment;
- exercising the rights and legitimate interests of the Operator or Subscriber and performing other actions inextricably linked to the performance of the Agreement;
- for the Operator to comply with the requirements of the current legislation of the Republic of Uzbekistan.
3.1.2. The Subscriber agrees:
- to the processing of his/her personal data by the Operator through the collection, systematization, storage, modification, supplementation, use, provision, distribution, transfer, depersonalization, extraction, copying, and destruction of personal data;
- to entrust the processing of the specified personal data to third parties, as well as to transfer information about the Subscriber to third parties for processing, including for the provision of services to Subscribers by third parties;
-The consent provided in accordance with this clause applies to cases where the need to obtain it is provided for by the current regulatory legal acts of the Republic of Uzbekistan;
The transfer of the Subscriber's personal data and information about the Subscriber included in the subscriber database, including information constituting telecommunications secrecy, at the request of law enforcement and other state bodies is carried out in accordance with the law.
3.2. The contract for the provision of communication services between the Subscriber and the Operator is concluded in written or electronic form at the Operator's offices or at the offices of the Operator's dealer, through a mobile application by taking a photo/video image of the person (Face ID) and signing the Registration Form by the Parties.
When concluding an agreement in electronic form, the Operator uses the data provided by the Subscriber through the relevant information resources to establish the Subscriber's identity.
3.3. The moment of conclusion of this Agreement is the signing of the Registration Form by the Parties, and when sending an electronic application for the conclusion of this Agreement, the Operator uses the data from the relevant information resources.
3.4. By concluding the Agreement using the above methods, the Subscriber confirms that:
a) they are entering into the Agreement with the Operator voluntarily and fully and unconditionally accept all its terms and conditions without any exceptions, exclusions, and/or restrictions;
b) they are familiar with and agree to the terms of the Tariff Plan, as well as the terms of Individual Service Packages or other Communication Services, including the terms and procedure for providing a Subscriber Number of a special category of numbers.
3.5. Failure to make the Initial Advance Payment within 3 (three) calendar days means that the Subscriber has refused the Agreement.
If the Initial Advance Payment has not been made in full within the specified period, the partially paid amount shall be refunded in accordance with the procedure provided for in clause 7.12 of this Agreement.
3.6. Changes to the terms of the Agreement shall be made by the Operator unilaterally by posting the relevant information on the Operator's Website, publishing it in the media, or by other means acceptable to the Operator.
Changes to the Agreement related to changes in the Subscriber's information shall be made by the Operator without additional charge.
3.7. The Subscriber has the right to unilaterally terminate the Agreement at any time, provided that the Operator is notified in advance no later than 10 (ten) business days before the expected date of termination and the Subscriber's debt to the Operator for communication services is paid off.
3.7.1. Refunds to the subscriber's personal account after termination of the Agreement when transferring the subscriber number from the Operator's network to the recipient's network (provider) shall be made by the Operator in accordance with clause 7.12. of this Agreement.
3.8. The Operator shall have the right to unilaterally terminate the Agreement in the following cases:
a) failure by the Subscriber to make an Advance Payment (repayment of debt) within 60 (sixty) consecutive calendar days from the date of suspension of the provision of Communication Services by the Operator;
b) impossibility of performance (loss of the technical capability to provide access to the Operator's Network or the technical capability to provide the Communication Services requested by the Subscriber);
c) violation by the Subscriber of the rules for using communication services established by the Agreement, including the use of a subscriber number in a GSM gateway or SMS gateway (gateways). In this case, the Subscriber undertakes to compensate the Operator for the losses incurred;
d) in the event of the Subscriber's death;
e) adoption of an act by a state authority, as a result of which the performance of obligations under the Agreement by the Parties becomes impossible;
f) if the Subscriber fails to carry out transactions entitling them to use mobile communication services within 90 calendar days;
f) upon the expiration of 90 calendar days from the date of connection of the "Number Blocking in Case of Mobile Phone Loss" service;
g) if the Subscriber violates the procedure for transmitting voice traffic on the operator's network;
h) in other cases provided for by this Agreement and/or legislation.
3.9. Upon termination of the Agreement, the obligations of the Parties shall be deemed terminated, except for the Subscriber's obligations related to the payment for communication services rendered but not paid for at the time of termination of the Agreement.
4. Procedure for the provision of Communication Services
4.1. The Operator's obligation to provide Communication Services arises after the conclusion of the Agreement from the moment the Subscriber makes the initial advance payment.
Subsequently, the Operator is obliged to provide the Subscriber with Communication Services, provided that advance payments are made in a timely manner and in full.
4.2. The list of Communication Services provided to the Subscriber is determined by the Tariff Plan selected by the Subscriber, taking into account other Services ordered by the Subscriber additionally in accordance with the current offers of the Operator and (or) third parties, and additional non-tariffed services specified in the Registration Form, which are activated automatically upon new connection.
The list of Communication Services is determined by the capabilities of the Subscriber's device.
The list of communication services when roaming also depends on the capabilities of the roaming operator's network.
4.3. To receive Communication Services, the Subscriber must have a Subscriber Device. At the same time, the Operator has no obligation to the Subscriber to provide a Subscriber Device and does not provide services for configuring the Subscriber Device, hardware, and software of the Subscriber.
4.4. The Operator shall provide the Subscriber with a Subscriber Number or a Special Category Subscriber Number for use during the term of the Agreement, as well as a SIM card/identification profile in the form of a QR code for eSIM in a condition that ensures access to the Operator's Network.
The subscriber number provided to the Subscriber is indicated in the Registration Form.
4.5. Communication services are provided by the Operator around the clock (24 hours a day), daily, without interruption, except in cases where preventive maintenance and repair work is necessary. The following shall not be considered an interruption in the provision of Communication Services and/or a violation of the established terms for the provision of Communication Services:
a) preventive maintenance and repair work, as well as during major accidents and the elimination of their consequences;
b) malfunctions in the Subscriber's device, third-party operators' network equipment (including the city telephone network).
In the event of major accidents in the Operator's network that result in the suspension of communication services, the Operator is obliged to inform the Subscriber of this, as well as of the expected timing for the resumption of services, through the media or by posting the relevant information on the Operator's website.
4.6. The Subscriber is provided with the ability to make free round-the-clock calls (including when blocked) to emergency services by dialing the unified numbers established in the Republic of Uzbekistan:
-112 – single number emergency services system;
-101 – fire department;
-102 – police;
-103 – ambulance;
-104 – gas;
-1050 – Ministry of Emergency Situations of the Republic of Uzbekistan;
4.7. The quality of the Operator's communication services complies with the technical standards in force in the Republic of Uzbekistan and the licenses held by the Operator.
4.8. Due to the design features of the Operator's Network, the Communication Services provided to the Subscriber depend on the quality of the equipment of local landline telephone operators and international and long-distance communication operators, which is beyond the Operator's control.
4.9. The Subscriber has the right to obtain information from the Operator's reference and information department by providing a code word. The Operator undertakes to provide the Subscriber with information about the service procedure using the code word.
4.10. The Operator shall not be liable for any deterioration in the quality of the connection or for its termination if such deterioration or termination is the result of:
a) natural conditions of radio wave propagation and interference;
b) the Subscriber's location near or inside power lines, buildings, tunnels, basements, and other underground structures;
c) local features of the terrain and buildings;
d) the technical characteristics and condition of the equipment of local wired telephone line operators and international and long-distance communication operators, meteorological conditions;
e) the Subscriber's use of a faulty (non-compliant) Subscriber device, or a Subscriber device or application software that has been altered or modified without the consent of the manufacturer and the Operator, or settings that do not comply with the settings recommended by the Operator;
f) in the event of using a SIM card that has been changed, replaced, or modified without the consent of the Operator;
f) in the case of using an eSIM in a subscriber device that has been changed, replaced, modified, or damaged as a result of the Subscriber's actions;
g) other reasons beyond the Operator's control or foresight, including the cases provided for in clause 4.8 of this Agreement.
4.11. The Operator shall not be liable for the quality (non-provision, untimely provision, and content) of Content sent through the Operator's network by a Content Provider at the Subscriber's request.
The Operator does not guarantee the correct operation of application software supplied by a third party and not recommended by the Operator, is not responsible for the operability of data servers installed on the Internet, and for the interaction of the application software of the Subscriber's device with the software of such servers.
4.12. The Subscriber is obliged to use the Communication Services for personal purposes. At the same time, the Subscriber is not entitled to:
a) use the Subscriber Number or Special Category Subscriber Number for lotteries, voting, contests, quizzes, advertising, surveys, mass mailings, setting up the Subscriber Number in a GSM gateway or SMS gateway (gateways) for access to fixed-line networks, Internet telephony, and other activities that lead to the malfunction of Subscriber equipment and/or communication devices;
b) provide the SIM card for use by third parties, including for use of the subscriber number in a GSM gateway or SMS gateway (gateways) and/or other devices that allow one or more telephone sets or an external mini-PBX line to be connected to it;
c) use the Communication Services for the purpose of distributing software from their Subscriber device, falsifying IP addresses, subscriber numbers, performing actions that interfere with the normal functioning of the Operator's Network and/or third parties associated with the Operator, using the Communication Services for commercial purposes, for organizing GSM or SMS gateways for access to fixed-line networks, Internet telephony.
The use of a SIM card/identification profile in the form of a QR code for eSIM by third parties or persons associated with the Subscriber does not release the Subscriber from liability under the Agreement.
d) transfer (assign) their rights and obligations under the Agreement to third parties without the Operator's consent.
5. Rights and obligations of the Operator
5.1. The Operator has the right to:
5.1.1. Determine the terms and conditions for the provision of Communication Services, including Tariff Plans, by introducing new Tariff Plans (Services) and/or amending the existing terms and conditions for the provision of Services (Tariffs) in accordance with the procedure provided for in this Agreement.
5.1.2. Suspend the provision of Communication Services in the event of a breach of the terms of the Agreement by the Subscriber, including a breach of the terms of payment for Communication Services, upon discovery, either independently or based on notification from other operators, of signs of the Subscriber using their subscriber number in a GSM gateway or SMS gateway (gateways). The resumption of the provision of Communication Services, the provision of which was suspended due to a violation of the terms of payment for Communication Services, shall be carried out subject to the repayment of the debt within 60 calendar days from the date of the negative balance on the Subscriber's personal account.
5.1.3. Debit the Subscriber's Personal (electronic) Account for the funds available to repay the existing debt on all other Personal (electronic) Accounts of the Subscriber.
5.1.4. Set a maximum duration (limit) for radio telephone connections.
5.1.5. Partially or completely suspend the provision of services by blocking outgoing (except for emergency and information) calls, incoming calls, Internet, SMS in the absence of a copy of the Subscriber's identity document and/or the originals of the documents signed when connecting the Subscriber's number, as well as the documents required for connecting to special tariff plans, with prior notification of the Subscriber 10 calendar days in advance by sending an SMS.
The Subscriber is obliged to contact the Operator's office within 10 calendar days after receiving the SMS to update their personal data and documents. The Operator is not liable to the Subscriber for failure to receive the above SMS notification.
5.1.6. The Operator has the right to refuse to transfer the subscriber's number to another mobile operator (provider) in the following cases:
- if the Subscriber has outstanding debts to the Operator for tariffs and/or services, with the exception of
"roaming";
- the Subscriber's personal data is inaccurate. In this case, accuracy means that the personal data specified in the application received from the Central Bank of the Russian Federation matches the data specified in the mobile service agreement between the Operator and the Subscriber;
- if the status is blocked;
- if the subscriber has obligations under a contract for the provision of mobile communication services to the Operator;
- in other cases provided for by law.
5.2. The Operator is obliged to:
5.2.1. Provide the Subscriber with a Subscriber Number and/or a Special Category Subscriber Number and a SIM card/identification profile in the form of a QR code for eSIM for use during the term of this Agreement.
5.2.2. Provide the Subscriber with communication services whose quality complies with the parameters established by the authorized bodies (for establishing a connection, data transmission, disconnection), as well as the technical standards of the Operator's Network standard used.
5.2.3. Provide communication services to the Subscriber while they are in the territory of the Republic of Uzbekistan.
5.2.4. Provide the Subscriber with reliable information about the Communication Services provided by the Operator.
5.2.5. Eliminate deficiencies discovered in the course of providing Communication Services.
5.2.6. Provide the Subscriber with information and reference services in accordance with the procedure provided for by law.
5.2.7. Provide the Subscriber with a radio telephone connection to subscribers of other communication operators in the Republic of Uzbekistan and foreign countries, subject to the existence of relevant agreements between the Operator and the operators of these networks. This condition applies when the Subscriber independently connects to this service or if the service is included in the tariff plan selected by the Subscriber.
5.2.8. To reconnect the Subscriber to the Operator's Network, which was disconnected for non-payment of Communication Services, after the Subscriber has paid off the debt for Communication Services and made an advance payment under the terms of the Tariff Plan selected by the Subscriber within 60 calendar days from the date of the negative balance on the Subscriber's personal account.
5.2.9. Take measures to protect the Subscriber's personal data and comply with the requirements established by law to ensure the confidentiality of information about the Subscriber.
5.2.10. Ensure that the Subscriber can call emergency services free of charge around the clock, as well as the operation of the mobile network in the radio coverage area in accordance with the technical standards of the standard used.
The network coverage area is defined as the territory within which the Operator has confirmed the technical capability to provide communication services.
5.2.11. Become a Donor or Recipient of a subscriber number (MNP) when the Subscriber uses the number porting service in accordance with the established procedure.
6. Rights and obligations of the Subscriber
6.1. The Subscriber has the right to:
6.1.1. Use the Communication Services in accordance with the terms of this Agreement.
6.1.2. Use the necessary and reliable information about the Operator's Offices, the Operator's Dealer Offices, their working hours, and the range of Communication Services provided by the Operator.
6.1.3. Change the Tariff Plan and the list of Communication Services provided in accordance with the procedure established by the Operator, taking into account the Operator's technical capabilities.
6.1.4. Use the Subscriber's device when connecting to the Operator's Network on the terms and in the
order established by the legislation of the Republic of Uzbekistan, the terms of this Agreement, and the Operator's requirements.
6.1.5. Notify the Operator on its own initiative of the suspension of the provision of Communication Services to it.
6.1.6. Exercise their rights personally or through a representative acting on the basis of the law or a power of attorney certified in accordance with the procedure established by law.
All actions performed using the Subscriber's device with a SIM card inserted into it shall be deemed to have been performed on behalf of the Subscriber.
6.1.7. The Subscriber has the ability to retain and use the subscriber number assigned by the Operator when transferring to the network of the recipient Operator (provider), in accordance with the terms of number portability established by law and the terms of the Operator specified in this agreement and on the Operator's website.
6.1.8. The Subscriber has the option to transfer the subscriber number from the Donor Operator to the Recipient Operator after 90 (ninety) calendar days from the initial conclusion of the subscriber agreement.
6.2. The Subscriber is obliged to:
6.2.1. Familiarize themselves with the list of current Communication Services, Tariff Plans, Tariffs for Communication Services (including tariffs for Communication Services when using Roaming) and other accompanying information before starting to use the Communication Services.
6.2.2. Use a Subscriber Device that complies with the standards established in the Republic of Uzbekistan and the manufacturer's operating instructions, taking into account:
a) special regulations and rules in force in a specific area (airport, aircraft, antenna field, subway, etc.);
b) restrictions in cases of possible interference or dangerous situations: medical facilities, maintenance stations, fuel storage and transshipment areas, blasting sites, etc.
The Operator is not obliged to inform the Subscriber of these restrictions and requirements.
6.2.3. Present their valid ID to the Operator for the purpose of identifying the Subscriber's data (surname, first name, patronymic, place of residence (place of permanent and/or temporary registration), series and number of passport or identity document, PINFL).
6.2.4. Pay for the Communication Services in a timely manner and in full in accordance with the current payment procedure, the selected Tariff Plan, the terms and conditions for the provision of Individual Service Packages, and the volume of Communication Services purchased in accordance with the terms and conditions of the Agreement;
6.2.5. Provide the Operator with personally identifiable information, confirmed by documents, bank details, actual place of residence, postal address with postal code and address of temporary or permanent registration, e-mail address (if any), as well as other information used for the purposes of performing the Agreement, to the extent that such data is necessary for the Operator when concluding the Agreement.
In the event of a change in the data specified in this clause, personally submit the new data to the Operator in writing within 15 (fifteen) calendar days from the date of entry into force of such changes.
Communication services using the new Subscriber's mailing address data shall be provided by the Operator from the first day of the month following the month in which the Operator received information about such data;
6.2.6. Immediately notify the Operator of the loss of the SIM card/Subscriber's identification profile in eSIM through the Operator's Call Center, followed by the submission of a written statement to one of the Operator's or Dealer's offices.
In case of failure to comply with these conditions, the Subscriber shall be liable for payment for communication services provided by the Operator using the lost SIM card/Subscriber's identification profile in eSIM until the Operator receives the Subscriber's statement about its loss and desire to suspend the provision of services.
6.2.7. Ensure that third parties cannot access the encrypted information contained on the SIM card/ eSIM, which constitutes the Operator's trade secret, and not to perform or allow third parties to perform the following actions with the encrypted information contained on the SIM card/eSIM: modification, extraction, copying, reproduction, distribution, transfer to other media, or other unlawful actions.
6.2.8. Not to make duplicates of the SIM card / identification profiles in the form of QR codes for eSIM and to ensure that such actions are not possible on the part of third parties. If the Subscriber fails to comply with this obligation, they shall be liable for any losses incurred by the Operator and related parties through the fault of the Subscriber.
6.2.9. Ensure the confidentiality and security of information about the Passcode. Any actions taken using the Code Word shall be considered as actions taken by the Subscriber, the owner of the code. The Code Word may be restored, changed, or canceled upon the Subscriber's personal visit to the Operator's Office. Upon cancellation of the Code Word, service shall be provided upon presentation of the Subscriber's ID.
6.2.10. In the event of using the subscriber number in a GSM gateway or SMS gateway (gateways), reimburse the Operator in full for the amount of the fine imposed on the Operator by the authorized state authorities for using the subscriber number in a GSM gateway or SMS gateway (gateways).
6.2.11 Specify the type of subscriber device on which the Subscriber plans to use the subscriber number (SIM card/eSIM).
7. Tariffs for Communication services and payment procedure
7.1. The terms and conditions of Tariff Plans, Tariffs for Individual Service Packages or other communication services, including the terms and conditions and procedure for providing a special category subscriber number, as well as the duration of a radio telephone connection, the billing unit for Communication Services and the procedure for paying for an incomplete Billing Unit shall be established by the Operator independently.
7.2. Changes to the terms and conditions of Tariff Plans (Tariffs) shall be made by the Operator unilaterally, and the relevant information shall be posted on the Operator's Website, published in the media, or brought to the attention of Subscribers by other means acceptable to the Operator.
Changes to the terms and conditions of Tariff Plans (Tariffs) shall come into force 15 (fifteen) days after the relevant information is posted (published) on the Operator's website.
7.3. Tariffs for Communication Services are set by the Operator in the national currency of the Republic of Uzbekistan - sum.
All payments for the Communication Services provided (initial advance payment, advance payments, payments towards the repayment of existing debt) shall be made in the national currency of the Republic of Uzbekistan
and are reflected in the Subscriber's personal (electronic) account.
The procedure for recording payments for communication services and debiting them from the Subscriber's personal (electronic) account is established by the Operator.
7.4. The cost of communication services includes value added tax.
7.5. The Subscriber shall pay the Operator:
7.5.1. Subscription fees;
7.5.2. outgoing radio telephone connections within the Operator's network and outgoing radio telephone connections to numbers of other operators;
7.5.3. connections via the data transmission network (communication sessions) (hereinafter referred to as communication sessions);
7.5.4. outgoing and incoming mobile phone calls while roaming;
7.5.5. outgoing SMS messages;
7.5.6. other services, including services provided through the Operator's network by content providers and/or third parties.
7.6. Payment shall be made depending on the duration of radio telephone connections/communication sessions and the corresponding type of radio telephone connection/communication session at the Tariff in effect at the time of provision of the Communication Service.
7.7. The Subscriber undertakes to pay for the Communication Services in the following order:
a) an initial advance payment within 3 (three) calendar days from the date of signing the Registration Form by the Parties.
Failure to make the initial advance payment shall mean the Subscriber's refusal to perform the Agreement.
b) subsequent payment for Communication Services shall be made by making Advance Payments based on the terms of the selected Tariff Plan and the estimated volume of Communication Services.
7.8. The Subscriber independently determines the method of payment: in cash by depositing cash at a bank cashier, activation of a payment card, through an authorized payment agent, through self-service terminals (info kiosks), non-cash payments through electronic (retail) payment systems, including the use of bank plastic cards.
7.9. Debiting of amounts from the Subscriber's Personal (Electronic) Account, calculated by the Operator's ACS, is carried out automatically as the Subscriber consumes the Communication Services in accordance with the Tariffs established by the Operator and the terms and conditions of the tariff plan selected by the Subscriber.
7.10. If the balance on the Subscriber's Personal (electronic) Account is negative, the Operator has the right to suspend the provision of Communication Services to the Subscriber, including by interrupting the Subscriber's unfinished call.
7.11. In cases where the instant debiting of the Subscriber's Personal (electronic) account in the amount of the Communication Services consumed has not been performed, the charges for the Communication Services consumed shall be accumulated in deferred mode. If the balance of the Subscriber's Personal (Electronic) Account becomes negative after the recalculation of the accumulated amounts, the Subscriber shall unequivocally acknowledge such debt to the Operator as indisputable.
7.12. Upon termination of this Agreement, the amount of unused funds in the Subscriber's Personal (Electronic) Account shall be refunded by the Operator in non-cash form to the Subscriber's bank account within 15 (fifteen) calendar days from the date of receipt of the relevant written application from the Subscriber in the following order:
a) to the Subscriber's bank account, if payments to the Personal Account (electronic account) were made by the Subscriber himself. In this case, the Subscriber's application must contain the Subscriber's bank details;
b) if the Operator determines that payments to the Subscriber's Personal Account (electronic account) were made by third parties, the refund shall be made to the persons who actually made
payments to the Subscriber's Personal Account (electronic account). In this case, the Subscriber must submit to the Operator a statement from these persons, indicating their bank details;
c) if the Operator establishes that the Subscriber uses the Personal (electronic) account to accumulate funds ("electronic wallet"), including those received from third parties, the Operator shall have the right to:
-withhold from the amount due for return its expenses related to the performance of this agreement in the amount of 4% of the amount to be returned (bank charges, payment agent service charges). The amount of the withholding may be changed by the Operator depending on changes in its expenses for the services of banks and payment agents;
-send a request to a special authorized body to conduct an appropriate check in accordance with the Law of the Republic of Uzbekistan "On Combating the Legalization of Proceeds from Criminal Activities, Financing of Terrorism and Financing of the Proliferation of Weapons of Mass Destruction" dated 26.08.2004. No. 660-II. The remaining (unspent) amount on the Subscriber's Personal (Electronic) Account shall be refunded in the national currency of the Republic of Uzbekistan.
Upon termination of the Agreement:
a) the fee for providing access to the Operator's Network shall not be refunded;
b) bonuses offered by the Operator in the form of promotions shall not be paid in cash; c) the nominal value of purchased but not activated Payment Cards shall not be paid in cash; d) the Subscriber's device shall not be repurchased by the Operator;
e) payment for the service of selecting a Subscriber number from the paid category of subscriber numbers shall not be refunded.
7.13. During the term of the Agreement concluded with the Operator, the Subscriber shall be entitled to receive details of the Communication Services consumed and the expenditure of funds from the Personal (electronic) account on the basis of a written request to the Operator at the rates established by the Operator. Information about the unspent balance of funds on the Personal (electronic) account is provided to the Subscriber free of charge.
7.14. The Subscriber acknowledges as indisputable all charges made by the Operator for Communication Services rendered but not paid for in accordance with the terms of the Agreement.
7.15. In order to ensure the fulfillment of the Subscriber's obligations to pay for communication services, a guarantee agreement (in the standard form approved by the Operator) may be concluded with a third party (guarantor) who undertakes to be liable to the Operator for the Subscriber's obligations to pay for communication services. The relationship between the Operator and the Subscriber with the guarantor shall be governed by the terms of the guarantee agreement and the provisions of applicable law on guarantees.
7.16. The Subscriber agrees that the Operator may debit funds from their Personal (electronic) account to repay existing debts on all other Personal (electronic) accounts of the Subscriber or to repay existing debts under previous Agreements.
8. Liability of the Parties
8.1. In cases of non-fulfillment or improper fulfillment of its obligations under the Agreement, the Operator shall, at the Subscriber's request, remedy the deficiencies free of charge within 20 days from the date of the Subscriber's request.
8.2. In the event of loss (theft, misplacement, or other circumstances) of the SIM card/identification profile in the form of a QR code for eSIM by the Subscriber, the latter shall be liable for payment for the Communication Services associated with the use of the lost SIM card/ identification profile in the form of a QR code for eSIM, or until the Operator receives a written statement from the Subscriber about the loss of the SIM card/identification profile in the form of a QR code for eSIM and the procedure for its servicing. All actions with the lost SIM card/eSIM profile of the Subscriber until the Operator is notified of the loss of the SIM card and/or deletion of the eSIM profile are considered to have been performed on behalf of the Subscriber.
8.3. The Subscriber shall be liable for violations of the requirements and regulations governing activities in the field of telecommunications, for violation of the terms of the Agreement, including for the use of a SIM card/virtual identifier of the subscriber's device on the Operator's eSIM in a GSM gateway or SMS gateway. In such cases, the Subscriber shall be obliged to compensate the Operator for any losses incurred.
If the Operator is fined by the authorized state authorities for the Subscriber's use of the subscriber number in the GSM gateway or SMS gateway (gateways), the Subscriber shall be obliged to compensate the Operator for the amount of the fine.
8.4. The Operator shall be liable under applicable law for any violation of the procedure for using Subscribers' personal data.
8.5. The Operator shall not be liable for the Subscriber's failure to receive information about changes in tariffs distributed by the Operator in accordance with the Agreement, as well as for the Subscriber's failure to receive letters, claims, or other documents sent by the Operator for reasons beyond the Operator's control.
8.6. The Operator shall not be liable to the Subscriber for compensation for losses in the form of lost profits.
8.7. The Operator shall not be liable for the failure to provide or untimely provision, content, and quality of content sent through the Operator's network by a content provider based on the Subscriber's advance order.
8.8. The Operator shall not be liable for the Subscriber's device when activating and using eSIM.
9. Anti-corruption conditions
9.1. The parties agree not to engage in corrupt practices related to the contract when concluding the contract, during the term of the contract, and after the expiration of the contract.
9.2. The Parties acknowledge the corruption prevention measures set forth in these anti-corruption terms and conditions of the contract and shall cooperate in ensuring compliance with them.
9.3. Each party guarantees that no money or material assets were transferred in violation of the current legislation of the Republic of Uzbekistan when concluding the contract, that no unofficial money or other material and immaterial assets were received, offered, or promised for the conclusion of the contract, and that no material or any other benefits or preferences were received.
9.4. If one of the parties becomes aware of a breach by the other party of the obligations specified in clauses 9.1-9.3, that party shall immediately notify the other party thereof and require the other party to take appropriate measures within a reasonable period of time, as well as provide information on the measures taken.
If one party, at the request of the other party, has not taken appropriate measures within a reasonable period of time or has not notified the other party of the results of its consideration, the other party shall have the right to suspend the contract, as well as to terminate this contract unilaterally and demand full compensation for damages.
10. Procedure for considering claims and resolving disputes
10.1 In the event of non-performance or improper performance by the Operator of its obligations under this Agreement, the Subscriber may submit a claim to the Operator in writing, attaching the documents necessary for consideration of the claim, including documents confirming the fact of the Operator's breach of its obligations under the Agreement.
10.2. Claims related to deficiencies in the Communication Services may be submitted by the Subscriber no later than 6 (six) months from the date of provision of the Service.
10.3. The Operator shall respond to the claim within fifteen days of receiving it. The response to the claim shall be sent by registered or certified mail, telegram, telex, or other means of communication that ensure the recording of its dispatch with notification to the Subscriber, or shall be delivered to the Subscriber against receipt.
10.4. In the event of disputes arising from the use of communication services by third parties through unauthorized access to the Operator's Network, the Operator shall have the right to conduct an internal technical investigation in accordance with the established procedure to determine the ownership of the telephone calls made.
10.5. All disputes and disagreements on issues related to the performance of this Agreement shall be resolved by the Parties in accordance with the current legislation of the Republic of Uzbekistan and the terms of this Agreement.
Disputes and disagreements on which the Parties fail to reach an agreement shall be considered in the courts at the location of the Operator.
Compliance with the pre-trial claim procedure is mandatory before going to court.
10.6 The Subscriber's debt may be recovered on the basis of an enforcement order issued by notaries under the terms and conditions established by law.
11. Other conditions
11.1. In all cases not covered by this Agreement, the Parties shall be guided by the current legislation of the Republic of Uzbekistan.
11.2. All communications and notifications related to the performance of this Agreement or arising from it shall be sent by the Parties to each other at the addresses specified in the Agreement and the Registration Form.
11.3. The text of this Agreement is written in Russian.
12. Address and bank details of the Operator:
UMS LLC
Republic of Uzbekistan
100000 Tashkent, 24 A. Timur Avenue Account No.: 20214000300381984001 with OPERA AK "Aloka Bank"
Bank code: 00401
TIN 303020732
OKED 61200
Tel: (+998) 97 130 09 09, 0890