Customer services

PUBLIC AGREEMENT ON PROVISION OF TELECOMMUNICATION SERVICES

1. GENERAL PROVISIONS
1.1. This Agreement on provision of telecommunication services governs the relations between the Subscriber and the Operator regarding provision of telecommunication services in the Operator’s communication network.

2. SUBJECT OF THE AGREEMENT
2.1. The Operator provides communication services to the Subscriber in accordance with the tariff plan selected by the Subscriber, and the Subscriber undertakes to pay for the services provided to him/her in accordance with the tariff plan set by the Operator in due time. Thereat, the current tariff plan set by the Operator at the moment of provision of services is an integral part of this Agreement.
2.2. The services are provided to the Subscriber if he/she owns, possesses or uses a terminal (mobile phone, modem etc.) certified with the National system of compliance of the Republic of Belarus.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The Operator shall:
3.1.1. Provide the Subscriber at the moment of execution of this Agreement all necessary and true information about the services (including the list of services), network coverage zone, tariffs for service.
3.1.2. Connect the Subscriber to the Operator’s communication network providing if necessary a SIM card and a phone number within 24 hours after the Parties has signed the Agreement confirming full consent with its terms and conditions including provisions on default interest, its amount and the payment procedure in case of default in performance of obligations.
3.1.3. Provide communication services in accordance with the tariff plan selected by the Subscriber, tariffs for additional services, and the rules of service provision to the Subscriber when the latter is within the coverage zone of the Operator’s network.
3.1.4. Arrange consulting of the Subscriber on the issues of service use and payment for such services. The procedure and terms of such consulting are determined by the Operator.
3.1.5. Notify the Subscriber on increase of tariffs for communication services via the official web-site of the Operator www.life.com.by and/or mass media 15 (fifteen) days before such changes come into force.
3.1.6. Notify the Subscriber on changes in the Agreement, the procedure of service provision, and other changes related to servicing of the Subscribers by the company via the official web-site of the Operator www.life.com.by 15 (fifteen) days before such changes come into force.
3.2. The Operator shall be entitled to:
3.2.1. Change tariffs for the provided services with notification to the Subscriber in accordance with clause 3.1.5 of this Agreement.
3.2.2. Suspend provision of services by disconnecting the Subscriber from the network if he/she violates payment obligations or provides invalid personal data. The Operator can recommence provision of services after the Subscriber eliminates the above-mentioned violations.
3.2.3. Suspend provision of services for a certain Subscriber number if the amount of prepayment for services for this number was utilized by the Subscriber in accordance with the tariff plan.
3.2.4. If the Subscriber has several Subscriber numbers and there is indebtedness on one of them, the Operator is entitled to charge off the funds received as payment for services for other Subscriber numbers, or suspend provision of services.
3.2.5. The Operator shall also have the right to suspend provision of services to the Subscriber in the Operator’s network in the following cases:
- technical malfunction of the company’s equipment;
- maintenance carried out by the company;
- if the company has reasons to believe that the customer breaches the law which causes damage to the company, third parties or the state with usage of communication channels and equipment of the company;
- if the Subscriber operates a mobile phone with the illegally changed identification number (IMEI);
- if the Subscriber operates a SIM card with modified software.
3.2.6. Automatically provide access to communication services not included into the current service range of the Subscriber by prior notification at the official web-site of the Operator www.life.com.by.
3.2.7. Publish any information facilitating provision of services to the Subscriber, and the advertising information on the information channels of the Operator, namely SMS, MMS, USSD, IVR and others. By executing this Agreement, the Subscriber agrees to receive advertising information and other information accompanying the services and distributed in the communication networks for the purposes and in cases when such consent is necessary by the law.
3.2.8. Make audio recordings of incoming calls to the call centre of the company, and unilaterally restrict the Subscriber’s access to the call centre in cases of multiple calls to specialists of the call centre on the issues not related to the activity of the company and/or in case of violations by the Subscriber of ethical norms and communication rules.
3.2.9. Replace the subscriber number and/or SIM card of the Subscriber if it is necessary according to technical requirements by notification of the Subscriber 30 days before the scheduled replacement;
3.2.10. Introduce other amendments to this Agreement by notification of the Subscriber in accordance with clauses 3.1.5., 3.1.6.
3.3. The Subscriber shall:
3.3.1. Pay in due time for the services in accordance with clause 4 Payment for services of this Agreement. Unauthorized transfer of the SIM card for use to third parties or its loss does not relief the Subscriber from the obligation to fulfill this Agreement including payment for the services provided.
3.3.2. In case of changes of the personal data of the Subscriber stated in this Agreement, the Subscriber shall provide the Operator with the new data in writing within 5 (five) days from the date of such changes.
3.3.3. Learn the rules of service use, service tariffs, and the coverage zone before using the phone in the Operator’s network.
3.3.4. Immediately report by phone about loss or theft of the SIM card. Meanwhile, the Subscriber is liable for any expenses on communication services before actual registration of the Subscriber call in the Operator’s firmware.
3.3.5. Independently control the balance of account and timely pay for the communication services provided by the company in accordance with the current Agreement, tariff plan and payment order, as well as independently monitor amendments and supplements to the text of the Public Agreement published at the official web-site of the company www.life.com.by . Besides, the Subscriber shall independently monitor changes of the tariff plans and the list of services.
3.3.6. Not transfer the SIM card to third parties and not amend, copy or replace software of the SIM card.
3.4. The Subscriber shall be entitled to:
3.4.1. Claim from the Operator fulfillment of the obligations under this Agreement.
3.4.2. Change the list of used services by submitting an application in the form approved by the Operator. Upon decision of the Operator, some services may be added or deleted by the Subscriber via his/her mobile phone, via the Operator’s call centre or any other way provided for by the Operator. The Subscriber is identified by the data of the personal identification document in his/her presence, in the presence of an attorney with the power of attorney executed in the order stipulated by the law, or by Password. The Password is a sequence of 4 to 8 digits provided by the Subscriber in the way stipulated by the Operator. All actions undertaken with the use of the Password are deemed agreed with the Subscriber. All such changes come into force not later than 48 (forty eight) hours following the date of receipt by the Operator of the Subscriber’s duly executed application or, when the mobile phone is used, following receipt of the positive reply of the Operator’s call centre and payment of additional services in accordance with the Operator’s tariff plan;
3.4.3. Use all communication services in accordance with the coverage zone and technical capabilities of the Operator.
3.4.4. Address the company to receive information related to fulfillment of this Agreement.

4. PAYMENT FOR SERVICES
4.1. Upon signing of this Agreement, the Subscriber makes a minimal advance payment in accordance with the start package selected by the Subscriber, the tariff plan, the list and volume of services. The list of services is determined by capabilities of the Subscriber’s equipment. The list of roaming services also depends on capabilities of the operator being roaming partner. The volume of services provided by the Operator to the Subscriber is determined on the grounds of the data of the Operator’s billing system or equipment of other communication Operators, in particular if the services are provided in the roaming.
4.2. The Subscriber pays for the services stating the subscriber number and, if necessary, the full name. Obligation of the Subscriber to pay for the services is deemed fulfilled from the date of credit of the respective amounts to the settlement account of the Operator. The funds of the Subscriber credited to the settlement account of the Operator are evenly distributed between each Subscriber number serviced under this Agreement. In addition, the Subscriber shall take into account that the duration of the Subscriber’s funds transfer by the bank to the Operator may be up to 2 (two) banking days.
4.3. The Subscriber shall make prepayment and other advance payments for the communication services provided to him/her under the selected tariff plan. The data on the balance of the advance payment for communication services may be received by the Subscriber via self-service channels, by request to *100#, or by calling short number 900 in the life:) network, as well as by application to the Operator’s call centre, or any other way provided for by the Operator.
4.4. Provision of services without advance payment is not the grounds for non-fulfillment by the Subscriber of obligation of payment for the services provided.
4.5. Should the payment for the services provided be delayed, the Operator may charge the default interest from the Subscriber in the amount of 1 (one) percent of the debt amount for each day of delay.
4.6. Advance payments made by the Subscriber are utilized for payment for services under this Agreement according to their usage by the Subscriber. No interest is accrued or paid on the advance payment (prepayment) amount.
4.7. Service tariff plan is determined by the Operator independently in accordance with the law of the Republic of Belarus. The information about such tariff plans may be received by the Subscriber at the Operator’s offices, its authorized representatives, published in mass media or distributed in any other way provided for by the Operator.
4.8. If the Subscriber has indebtedness to the Operator regarding payment for communication services under other agreements for provision of communication services concluded between the Operator and the Subscriber, the Operator is entitled to apply payments received from the Subscriber under this Agreement towards repayment of the earlier occurred indebtedness of the Subscriber. Thereat, the Subscriber’s personal account is credited for the amount remaining after repayment of the indebtedness. The Operator shall notify the Subscriber on application of funds by SMS message.

5. QUALITY OF COMMUNICATION SERVICES
5.1. Quality of communication provided in the coverage zone of the Operator complies with technical standards of the Republic of Belarus and the license issued by the Ministry of Communication of the Republic of Belarus for communication activities No. 02140/0190784 issued until August 28, 2018. The Operator provides communication services 24/7 without breaks except for repairs and maintenance.
5.2. Due to the natural conditions of wave transmission, communication provided to the Subscriber can worsen, break or interfered with near or inside buildings, tunnels, basements, and other underground structures caused by local landscape and development peculiarities, weather and other conditions.
5.3. Due to structural peculiarities of the network, communication provided to the Subscriber depends on the quality of Operators of local wire phone networks, equipment of Operators of international and intercity communication which are beyond control of the Operator.
5.4. The Operator is not liable for deficiency in quality of communication services dye to use of non-certified terminal equipment by the Subscriber, or the equipment which was amended or modified without consent of the equipment manufacturer and the Operator. The Subscriber is responsible for confirmation of certification.
5.5. Liability of the Operator due to material communication disturbance including temporary reduction of communication quality and/or failure of the network equipment arises only in case of fault of the Operator and cannot exceed the amount equal to the monthly Subscriber tariff or other mandatory monthly payment pro rata the time of actual non-provision of services.
5.6. The conditions in which the Operator is relieved from liability for non-fulfillment of obligations under this Agreement are force majeure events and other events beyond control of the Operator, which the Operator could not foresee or reasonably prevent. The Operator is not liable for any losses and other consequences arisen due to usage or impossibility to use communication services by the Subscriber.

6. ADDITIONAL PROVISIONS
6.1. In case of loss, theft or in other cases when the Subscriber goes missing the phone (SIM card), the Subscriber is liable for payment for the services. Oral application of the Subscriber to the Operator’s call centre shall be confirmed in writing within 24 hours.
In case of violation of the rules of usage of the equipment received and/or purchased by the Subscriber in accordance with this Agreement, which led to its technical failure, and in case of its undue storage led to loss or theft, the equipment is not replaced at the expense of BeST PLC, and the Subscriber is fully liable for the assumed obligations.
6.2. Replacement of the SIM card after its loss, full or partial blocking is paid in the amount stipulated by the Operator.
The Operator is not liable for incorrect operation of the equipment if the Subscriber operates unlicensed operation systems including other software which can impact operability of equipment and software environment in general. The list of compatible licensed operation systems is stated on the equipment package and/or manual to it.
6.3. Disputes between the parties dealt with in accordance with the laws of the Republic of Belarus.
6.4. The Subscriber is not entitled to assign its rights and liabilities under this Agreement to third parties without written consent of the Operator. Assignment of the Agreement to a third party is executed in accordance with the tariffs valid at the moment of provision of the assignment service.
6.5. The Subscriber represents and warrants that all data stated by him/her are true.
6.6. The Operator is not liable for any consequences of usage of the Operator’s network.

7. TERM OF VALIDITY OF THE AGREEMENT
7.1. The Agreement is public and is concluded for an indefinite term. Upon consent of the parties, a term agreement may be concluded.
7.2. The Subscriber is entitled to terminate this Agreement unilaterally by making all payments to the Operator (repay the indebtedness) and submission of the respective application not later than 10 (ten) business days before the date of termination.
7.3. This Agreement is deemed unilaterally terminated if upon expiry of 180 (one hundred and eighty) days the Subscriber does not fulfill the conditions of the tariff plans in accordance with which it is required to replenish the personal account for a certain amount, and Subscriber hasn’t enough money on his personal account for saving of the number. The Subscriber shall monitor the due dates and amounts of payments independently using all communication channels provided by the Operator, namely official web-site http://www.life.com.by/, call centre, SMS messages and others.
7.4. Upon termination of the Agreement, the Subscriber is reimbursed, upon request, the difference between the amount paid under this Agreement and the cost of the services provided by the Operator. Reimbursement of the funds in result of final settlement with the Subscriber upon termination is made by wire transfer within 6 (six) months after termination of the Agreement. All expenses on reimbursement of the funds are paid by the Subscriber.
7.5. Upon termination of this Agreement all non-recurrent payments for communication services, namely connection, number selection, tariff plan change etc., are not reimbursed. Bonuses and discounts offered to the Subscriber by the company within advertising campaigns are not paid in cash.
7.6. After termination of this Agreement the Operator disconnects the subscriber number from the Operator’s network.
7.7. From the moment of termination of this Agreement the obligations of the Parties are deemed terminated except for the obligations of the Subscriber related to payment for the services provided but not paid for at that moment.