“IZI” MOBILE COMMUNICATION SERVICE PUBLIC AGREEMENT
1. GENERAL PROVISIONS
1.1. In accordance with this Public Agreement (hereinafter - the Agreement) mobile communication services are provided by “izi” Operator.
1.2. “Izi” trademark is duly registered and protected in accordance with the current legislation of the Republic of Kazakhstan.
2. SUBJECT OF AGREEMENT
2.1. Under this Agreement, the Operator shall provide Services to the Subscriber, and the Subscriber shall pay for the Services provided by the Operator in accordance with this Agreement. The relationship between the Operator and the Subscriber shall be via Automatic Service System. To manage the Services selected by the Subscriber in the Automatic Service System, the Operator shall provide “izi” Application for the Subscriber’s use. To start using “izi” Application, the Subscriber shall read “izi” Application User Guide on the Operator's Website, as well as a link in App Store and Google Play when downloading.
2.2. The Subscriber shall download “izi” Application in App Store or Google Play and install “izi” Application for “izi” Application use. The Subscriber shall install the "Izi" Application independently.
2.3. The Operator shall provide the Subscriber with a Subscriber number and a SIM-card.
2.4. The Operator shall provides the Subscriber with the following basic Services:
- voice Services, including emergency calls;
- short-text messaging Services.
2.5. The Operator shall define the list of Additional and other Services, depending on the technical capability of mobile communication network, provided via the Automatic Service System used by the Subscriber.
2.6. The Operator shall independently determine the Information about the Operator’s services under this Agreement and post it on the Operator’s Website, in “izi” Application and/or communicated in short-text messages or by chatting with the Operator’s call center and (or) in advertising materials about the Operator’s Services, and (or) is provided in the Automatic Service System.
2.7. The Subscriber agrees that the Services can be valid for a certain limited period and, by paying for such Services, the Subscriber also agrees with the Operator’s rules which shall be applied until the end of their use/validity period, and also with the Operator’s rules for calculation of validity periods for such Services. Whereby in the absence of other special rules for the calculation or expiration of the validity periods specified by the Operator, any such periods shall be calculated according to the Nur-Sultan city, the Republic of Kazakhstan time, and the validity period defined in days, weeks or months shall include the day of payment/subscription to the Services, which is considered as the first day regardless of the time available until the end of the relevant day.
2.8. This Agreement is public, the terms of this Agreement were drawn up in accordance with the legislation of the Republic of Kazakhstan and the License and are set by the Operator independently. The Subscriber may agree with the terms of this Agreement only by agreeing with them as a whole, by accepting the Registration Form in “izi” Application, or by other means specified by the Operator and not prohibited by the legislation of the Republic of Kazakhstan.
2.9. The Subscriber rights and obligations under this Agreement may be transferred to other persons only in accordance with the procedure established by the legislation of the Republic of Kazakhstan and this Agreement. The Operator shall be authorized to involve representatives, partners and (or) third parties for performance of its activity in accordance with the legislation of the Republic of Kazakhstan.
2.10. When the Subscriber joins the Agreement, uses the “izi” Application, the Operator collects, processes the Subscriber’s personal data and also performs other actions specified in the Policy regarding the collection, processing and protection of the Subscribers’ personal data posted on the Operator’s Website, at “izi” application and the “izi” Subscriber gives its consent to such collection, processing of the Subscriber’s personal data.
2.11. By joining this Agreement the Subscriber expresses his consent and does not object that the Operator has the right to involve third parties, including partners and/or representatives to collect, process personal data, as well as to perform other actions specified in the Policy regarding the collection, processing, and protection of the “izi” Subscribers’ personal data.
2.12. The withdrawal of Subscriber’s consent to the collection and processing of personal data shall be upon the Subscriber’s Application be means of «izi” application. Services provision depends on the availability of Subscriber’s personal data at the Operator, and if the consent was withdrawn, the Services provision shall be terminated.
2.13. The quality indicators of mobile communication Services provided by the Operator in the Operator's service area correspond to the standards in the Republic of Kazakhstan, and to technical standards and quality indicators of communication services approved by the legislation of the Republic of Kazakhstan.
2.14. The quality indicators of Internet access services (data transmission speed in data transmission network, loss of information packets, time delays in transmitting information packets, accuracy of information transmission) correspond to the recommendations of ITU, of which the Republic of Kazakhstan is a member.
2.15. The quality of the Services, due to natural conditions of radio waves distribution, may deteriorate, be interrupted, be accompanied by interference or be absent due to adverse meteorological conditions, topographic obstacles (near ground and underground residential and non-residential buildings, buildings, structures, as well as inside their topography and buildings) near energy sources, tunnels, basements, due to technogenic reasons, due to the influence of a special technological equipment for blocking a radio signal and other reasons which are not related to the Operator’s activity. Due to the mentioned above reasons, the deterioration or absence of the Services are not facts of improper fulfillment of the Operator’s obligations.
2.16. Due to the design features of the mobile communication network the Services, provided to the Subscriber, depend on the quality of the equipment of other mobile communication Operators and users, including of the Subscribers, who are beyond the Operator’s competence.
2.17. In accordance with the legislation of the Republic of Kazakhstan, the Operator shall be prohibited to provide the mobile communication Services with a Subscriber mobile device, details of which are not included in the Subscriber mobile device identification code database or do not correspond to the data entered in the Subscriber mobile device identification code database.
3. RIGHTS AND OBLIGATIONS OF THE OPERATOR
3.1. The Operator undertakes to:
3.1.1. Provide the Subscriber with Subscriber number for use, connect the Subscriber's mobile device to the Operator's network, render the Services selected by the Subscriber in accordance with the conditions of this Agreement via the Automatic Service System for the period of this Agreement validity;
3.1.2. Provide the Subscriber with information about the Services rendered, about the status of the personal account, reporting information about the status of the personal account in the current accounting period, including the time of using the Services, their duration and cost, all connections with other communication users free of cost via the Automatic Service System around the clock.
3.1.3. Perform other duties stipulated by the legislation of the Republic of Kazakhstan.
3.2. The Operator is entitled to:
3.2.1. Amend or change the terms and conditions of this Agreement by posting the relevant information on the Operator’s Website, in “izi” Application or by sending short-text messages to the Subscriber. Changes or additions in the terms of this Agreement shall be considered to be accepted and agreed by the Subscriber, if within thirty (30) calendar days from the da te of publication or notification of the Subscriber by the Operator of any changes or additions in this Agreement, the Subscriber does not initiate the procedure for terminating this Agreement via “izi” Application.
3.2.2. Amend or change the terms and conditions of Service provision or other Services of the Operator or abolish them on a unilateral basis. Whereby the Operator notifies the Subscriber in advance of thirty (30) calendar days by sending short-text messages, and (or) in another publicly available way (including by posting information on the Operator’s Site, in “izi” Application and (or) partners, and (or) Operator’s representatives).
3.2.3. Suspend the provision of the Services in whole or in part in case of violation by the Subscriber of the conditions of this Agreement, including in case of violation by the Subscriber of Clause 4.3. of this Agreement, until the complete elimination of violations. In case of non- elimination of violations, the Operator terminates access to the communication network in accordance with the legislation of the Republic of Kazakhstan.
3.2.4. Record incoming calls received by the Operator’s call center in accordance with the legislation of the Republic of Kazakhstan. In cases of repeated appeals by the Subscriber on the issues not related to the Operator’s activity, or in cases of disrespectful treatment to the Operator’s employee, the Operator is entitled to restrict an access to call center Service.
3.2.5. Withdraw money from the personal account of the Subscriber towards the Operator’s income, if the Subscriber did not declare its demands to return the balance of money from his/her personal account via the Automatic Service System within three (3) years after termination of this Agreement on the grounds prescribed in Article 9 of this Agreement and (or) in the legislation of the Republic of Kazakhstan.
3.2.6. Provide drawings, promotions and other marketing campaigns, providing the Subscriber with bonuses, discounts and other privileges. Bonuses and discounts are used by the Subscriber solely to receive the Services in accordance with the conditions declared by the Operator as part of the campaigns held and are not refundable to the Subscriber in monetary or other terms, except the cases explicitly provided by the Operator in the conditions of holding the campaigns.
3.2.7. Refuse from transfer the Subscriber number if the Subscriber has a debt to the Operator.
3.2.8. Request data about the Subscriber: last name, first name and patronymic name, number and date of issue of the identification document, IIN, Subscriber mobile device Identification Code used for the Subscriber number, place of residence, as well as a photo of the Subscriber through scanning procedure and/or manual entry of identification documents data during the registration in “izi” Application.
3.2.9. Refuse from performance of this Agreement on a unilateral basis if the Subscriber fails to comply with the requirements for mandatory re-registration of the Subscriber number in the name of new owner when it is transferred to another person without retaining the rights, obligations and responsibilities under this Agreement.
3.2.10. Refuse from performance of this Agreement on a unilateral basis if the Subscriber withdraws its consent to the collection and processing of the Subscriber’s personal data.
3.2.11. Exercise other rights that do not contradict the legislation of the Republic of Kazakhstan.
4. RIGHTS AND OBLIGATIONS OF THE SUBSCRIBER
4.1. The Subscriber undertakes to:
4.1.1. Use the Subscriber mobile device running the operating system iOS 10 and higher, or Android 4.4. and of higher quality, having a certificate of conformity that meets the standards valid in the Republic of Kazakhstan, in accordance with operating instructions and taking into account special instructions and rules valid in a certain territory (airport, airplane, etc.), as well as restrictions in cases of possible interference or hazardous situation (medical facilities, service stations, fuel storage and refueling sites, blasting sites, etc.);
4.1.2. Register the Subscriber device at the mobile communication Operator in accordance with registration rules of the Subscriber mobile devices. Registration is subject to the Subscriber mobile devices, defined in accordance with the registration rules of the Subscriber mobile devices. Whereby provide the Operator with information of:
- Identification code of the Subscriber mobile device;
- Subscriber number used for the Subscriber mobile device.
For registration of the Subscriber mobile device used by protected persons, information of the Identification code of the Subscriber mobile device is only provided.
In case of refusal to use the registered Subscriber device, remove it of registration at the Operator in the established order.
4.1.3. Read the conditions and tariffs for the Services provision placed on the Operator’s Website, in “izi” Application.
4.1.4. Read the instructions placed on the Operator’s Website;
4.1.5. Follow the instructions given in “izi” Application when using “izi” Application;
4.1.6. Register via “izi” Application;
4.1.7. Comply with the conditions of the Agreement;
4.1.8. Pay for the Services in accordance with the conditions and tariffs established by the Operator under this Agreement;
4.1.9. Provide the Operator with reliable data related to the Subscriber’s information, including those indicated in the Registration Form, and use valid identity documents of the Subscriber during registration in “izi” Application. In case of changes in documents, go through re-registration in “izi” Application;
4.1.10. Block the SIM-card in case of loss (theft), damage (destruction) of the Subscriber device or SIM-card, the Subscriber
- addresses the Operator via the Automatic Service System; or
- blocks independently the Subscriber number via "izi" Application, the Operator’s Website.
4.1.11. Re-register the Subscriber number in the name of new owner when transferring the Subscriber number to a third party. The use of the Subscriber number by other persons when violating the procedure established by this Clause does not relieve the Subscriber from responsibility for fulfilling the conditions of this Agreement;
4.1.12. Control personally the access and use by third parties, including minors, of the Subscriber device, the SIM-card, and other devices related to the Services;
4.1.13. Keep in secret the Subscriber mobile device Identification Code, other codes, keys and passwords giving access to the Services of the Operator and partners, including the Automatic Service System and “izi” Application;
4.1.14. Bear other duties stipulated by the legislation of the Republic of Kazakhstan.
4.2. The Subscriber is entitled to:
4.2.1. Use the Operator’s mobile communication network to conduct radio telephone conversations and transmit information in the ways permitted by applicable standards, technical regulations in accordance with the provisions of the legislation of the Republic of Kazakhstan and the conditions of this Agreement.
4.2.2. Receive from the Operator information about the content, particularities and limitations when providing the Services, about payment for the Services, working hours of the Operator's Services and other information in the amount and manner prescribed by the legislation of the Republic of Kazakhstan;
4.2.3. Use the Operator’s Services in accordance with the conditions of this Agreement and the Instructions for Use of "izi" Application;
4.2.4. Choose the Services using the capabilities of “izi” Application Tariff Constructor, as well as the type of Subscriber number.
4.2.5. Select a way of receiving the SIM-card.
4.2.6. Exercise other rights stipulated by the legislation of the Republic of Kazakhstan.
4.3. The Subscriber shall not have the right to:
4.3.1. Prevent other Subscribers from using the Operator’s Services;
4.3.2. Provide other Subscribers and third parties without their consent (Spam) with spamming of advertising, informational and other materials using the Operator’s network;
4.3.3. Conduct unauthorized and unendorsed penetration into any programs, databases and other constituent software elements of the Operator’s network, as well as perform any other actions that may lead to disruption of the Operator’s network;
4.3.4. Use a call diversion of incoming and/or outgoing calls with a tone dialing signal through any switching devices;
4.3.5. Transmit any information or software that contains viruses or other harmful components via the Operator’s network;
4.3.6. Transfer, reproduce or distribute in any way the software obtained by means of additional service, or other materials that are subject to intellectual property rights, without a permission of the owner or the legal rightholder;
4.3.7. Make radiotelephone calls, internet sessions, send short-text messages without a purpose of using the Operator’s Services;
4.3.8. Use the Subscriber number for conducting lotteries, voting, contests, quizzes, advertising, polls, spamming, providing communication Services to third parties without a special permission of the Operator;
4.3.9. Organize traffic transit from/to the Operator’s network, including by installing gateways, for an access to mobile and(or) fixed-line networks, IP telephony, etc. without prior approval of the Operator and compliance with the requirements of the legislation of the Republic of Kazakhstan, including download, install and/or otherwise use software that allows switching of external IP or SIP traffic for the telephone numbers of the Operator’s network or other networks, or switch incoming telephone connections to external IP/SIP server on the Internet;
4.3.10. Perform other actions that may lead to disruption of the network and(or) damage to the Operator.
5. OPERATOR SERVICE COST AND PAYMENT PROCEDURE
5.1 Tariff rates for the Services are established by the Operator independently in compliance with the requirements of the Republic of Kazakhstan legislation and this Agreement;
5.2 The Subscriber, through the Tariff Plan Constructor, independently determines the number and volume of Services choosing from those offered to the Subscriber through the “izi” Application. The Terms of Service, as well as Tariffs, are available in the»izi” Application and on the Website of the Operator. At the same time, the default tariff plan includes the Internet access Service;
5.3 The duration of radio telephone connection is recorded in accordance with the Tariff Units established by the Republic of Kazakhstan legislation;
5.4 When calculating the cost of connection, if the product of the tariff for the duration of the connection expressed in the Tariff Units contains thousandths or smaller fractions of a tenge, the number is rounded up to the next hundredth of a tenge;
5.5 The Services are paid for through an advance settlement procedure;
5.6 The payment date (crediting of funds to the Personal Account of the Subscriber) is considered to be the date of the receipt of money to the account of the Operator;
5.7 After signing this Agreement, the Subscriber makes an advance payment in the amount calculated according to the Services selected by the Subscriber;
5.8 Subsequent advance payments are made by the Subscriber in the amount of the Services intended to be used.
6. FEATURES OF ROAMING SERVICES
6.1 By connecting the Roaming Service, the Subscriber expresses his/her consent to the conditions for connecting the Roaming Service, as well as the payment for the Roaming Service in accordance with the tariff rates established by the Operator. All information about the Roaming Service is available in the»izi” Application, at the Website of the Operator, the representative of the Operator, and (or) third parties, and (or) is communicated by sending Short Text Messages, and (or) in the promotional materials about the Operator Services, and / or is provided by the Operator's information service.
6.2 The operator has the right to set an extra threshold amount of money to activate the Roaming Service. The Operator has the right to suspend the provision of the Services to a Subscriber Number without the Subscriber’s consent in case of real-time notification from a roaming partner of the Operator about the cost of the Services rendered exceeding the threshold amount.
6.3 The Operator has the right to determine the conditions for connecting the Roaming Service through the Automatic Service System for all the Subscribers whose Subscription Number Activation Date is less than 180 days away.
6.4 The cost of the Roaming Service is calculated as information is received from roaming partners regarding the use of the Roaming Service. Incoming and outgoing communication , sending a Short Text Message, accessing the Internet and other services, including forwarding messages, are subject to payment, in accordance with the conditions and tariffs for the provision of such Services.
6.5 The Subscriber’s consent to the use of the Roaming Service is withdrawn through the Subscriber’s Application in the Automatic Service System.
7. POLICY OF THE FAIR USE OF THE OPERATOR SERVICES
7.1 When rendering the Services hereunder, the Operator applies the policy of the fair use of the Services specified in Appendix 1.
7.2 The operator, upon detection of violations of the abovementioned Fair Use Policy, has the right, at its discretion:
7.2.1 Without prior notification of the Subscriber, to suspend the Services for which the Fair Use Policy is violated, or, in the event of the impossibility of suspending individual Services, suspend all the Services; and (or)
7.2.2 Regarding services providing unlimited data transfer, without prior notification of the Subscriber, to limit the maximum data transmission capacity for the Subscriber until the Subscriber corrects the violations of the Fair Use Policy and notifies the Operator of such correction.
7.2.3 Upon detection of Subscribers’ malicious actions aimed at causing loss to the Operator without the goal of receiving the Services in good faith in accordance with this Agreement and the Fair Use Policy, the Operator shall have the right to demand full compensation of such loss from the Subscribers.
8. LIABILITY OF THE PARTIES
8.1 Liability of the Operator.
8.1.1 The Operator is liable to the Subscriber for the non-performance or improper performance of the contractual obligations, and the Operator and the Subscriber hereby agree that the liability is limited to the amount of direct damage (actual damage) caused to the Subscriber, and the Operator is not responsible for any loss of profit by the Subscriber and (or) third parties;
8.1.2 The operator is released from liability if it proves that the failure to perform or improper performance of the obligations hereunder was due to:
- force majeure circumstances (fire, natural disasters, military actions, strikes, riots, terrorist acts, weather phenomena, magnetic storms, etc.);
- issuance of a state body act that entailed the impossibility for the Operator to fulfill its obligations under the Agreement;
- violation by the Subscriber of the obligations established by the Republic of Kazakhstan legislation and this Agreement;
- unauthorized use of the Services by third parties;
- other actions (inaction) of third parties;
- accidents / failures of communication networks, destruction of buildings, structures and technical devices, networks, telecommunication equipment, as well as other circumstances beyond the reasonable control of the Operator.
8.2 The Operator is not liable for the following:
8.2.1 the quality of services provided by other operators, as well as when combining Operator Services with services provided by other operators;
8.2.2 the quality and content of services provided by third parties using the network and (or) Operator Services;
8.2.3 observance by the Subscriber, communication users and other persons of the current legislation of the Republic of Kazakhstan, including the protection of copyright and related rights;
8.2.4 the content and form of advertising, informational and other materials and (or) other information sent by third parties, using the Services, to the Subscriber who has agreed to receive these materials and / or information or provided an opportunity for third parties to receive information about their Subscriber Number;
8.2.5 the actions of the bodies carrying out law enforcement intelligence operations on the Operator’s communication networks, and the disclosure by these authorities of information about the Subscriber and the Services rendered to third parties, and for the demands of law enforcement agencies to stop and / or limit the provision of the Services to the Subscriber;
8.2.6 the unavailability of individual sites or resources of the World Wide Web, administered by third parties;
8.2.7 loss incurred by the Subscriber and (or) by third parties in connection with the loss of the Identification Code of a Subscriber Mobile Device, other codes, keys and passwords giving access to the Operator and Partners Services, including the Automatic Service System, as well as Personal Accounts topping-up errors and the use of the Automatic Maintenance System;
8.2.8 If it is impossible to provide Services to the Subscriber, if the “izi” Application is incompatible with the Subscriber Device.
8.2.9 In other cases stipulated by the legislation of the Republic of Kazakhstan.
8.3 Liability of the Subscriber:
8.3.1 The Subscriber is liable to the Operator in the event of non-performance or improper performance of the obligations provided for in this Agreement, including violations of the prohibitions established by clause 4.3. of this Agreement, and shall fully reimburse the Operator for loss.
8.3.2 The Subscriber is liable for the risks associated with the disposal of the Subscriber Number and (or) Subscriber Device from his possession and for transferring the Subscriber Number and / or Subscriber Device to third parties.
9. VALIDITY AND TERMINATION OF THE AGREEMENT
9.1 This Agreement shall enter into force on the date of the Subscriber’s accession to this Agreement in accordance with clause 2.8 and is valid until its termination on the grounds provided for by the legislation of the Republic of Kazakhstan and this Agreement. In this case, the consent to the collection and processing of Personal data of the Subscriber is valid for the period necessary for the purposes of their collection and Processing, unless otherwise provided by the legislation of the Republic of Kazakhstan.
9.2 The Subscriber has the right to cancel the Agreement at any time unilaterally, by terminating the Agreement in the “izi” Application or through the procedure of Transferring the subscriber number in accordance with the legislation of the Republic of Kazakhstan .The Services are actually terminated by the Operator from the date of initiation of the procedure of a Subscriber Number termination / transfer. In this case, the termination of this Agreement is not allowed if there is a debt of the Subscriber.
9.3 In case of receiving a request from the Centralized Subscriber Number Database (CSNDB) for a Subscriber Number for which there is a debt, the Operator has the right to notify CSNDB in any form about the Refusal to transfer the subscriber number due to the debt of the Subscriber.
9.4 In cases stipulated by the Republic of Kazakhstan legislation, as well as if the Subscriber violates the terms of this Agreement, the Operator has the right to terminate this Agreement unilaterally (unilateral refusal).
9.5 Upon termination of this Agreement, the Subscriber Number is withdrawn, unless the Agreement terminates due to the transfer of the subscriber number to the network of another operator. The Mobile Subscriber Device owned by the Subscriber is not redeemed by the Operator, the cost of the SIM card is not reimbursed to the Subscriber. The withdrawn Subscriber number can be transferred in the future to another subscriber.
9.6 Accrued bonuses and discounts received by the Subscriber as part of the Services rendered, upon termination of this Agreement, are not returned to the Subscriber, paid or otherwise compensated, except as expressly provided by the Operator in the terms of a promotion.
9.7 In the event of the Agreement termination, the money remaining in the personal account is returned to the Subscriber within 30 (thirty) calendar days from the date of filling out the application in the»izi” Application. The money is returned in non-cash form, by transferring money to a bank card or bank account, the details of which to be indicated by the Subscriber in the application.
9.8 The Operator is entitled to unilaterally refuse to perform the Agreement without prior notification of the Subscriber, if:
- The Subscriber does not use the Operator Services (incoming and outgoing communication, sending / receiving short text messages, data transfer / reception) for 12 months;
- When a Subscriber forms a debt to the Operator (for example, due to the use of the roaming service), which has not been paid within 6 months from the date of its occurrence.
10. OTHER CONDITIONS
10.1 In all aspects that are not regulated by the terms of this Agreement, the Parties are guided by the legislation of the Republic of Kazakhstan.
10.2 All disputes and disagreements regarding this Agreement shall be resolved by the Parties in accordance with the legislation of the Republic of Kazakhstan.
10.3 This Agreement is drawn up in the state, Russian and English languages that have the same legal force.
10.4 This Agreement applies to all Subscribers from the date of posting this Agreement on the Operator's Website and in the “izi” Application.
10.5 Within 30 (thirty) calendar days from the moment of sending mass mailings of Short text messages or posting of this Agreement on the Operator’s Website and in the “izi” Application, the Subscriber has the right to initiate the procedure of the Agreement termination in the “izi” Application. Non-receipt by the Operator of the initiated Agreement for termination within the specified period, as well as the use of the Operator Services by the Subscriber, means that the Subscriber unconditionally accepts the terms of this Agreement.
11.1 The following basic terms are used in this Agreement:
Subscriber - an individual with whom this Agreement has been concluded;
Subscription Fee - the obligatory amount of Subscriber payment depending on the selected Services.
Subscriber Number - a telephone number allocated to the Subscriber at the conclusion of this Agreement and identifying the Subscriber's mobile communication device connected to the Operator's network when other subscriber devices are connected to it;
Subscriber Mobile Communication Device - an individual-use communication device that generates electrical communication signals for transmitting or receiving information specified by the Subscriber and connected to the Operator’s network, which does not have a permanent geographically determined location within the service area, operating in mobile communication networks;
Automatic Service System - a comprehensive subscriber service system through the»izi” Application or the Operator's Website after their identification using identification data defined by the Operator ( subscriber number, password, code word and / or other data ), functioning both in the automatic request processing mode (by sending Short Text Messages or USSD-requests or through a personal account, or by other technical solutions provided by the Operator), providing the Subscriber with an opportunity to independently connect or disconnect Services and technologically related ones, as well as the formation of a tariff plan, and in the mode of information and reference services through the chat or talking with an employee of the Operator's information service;
Subscriber Application - the subscriber ’s appeal to the Operator through the Automatic Service System or the Operator’s information service or by other means provided for in this Agreement and / or the currently in force laws of the Republic of Kazakhstan;
Identification Code of a Subscriber Mobile Communication Device - a code assigned by the manufacturer to a subscriber mobile communication device that is transmitted to the network of the Operator when it is connected to this device;
Individual Identification Number (IIN) - a unique number generated for an individual, including an individual entrepreneur who is involved in activities in the form of personal entrepreneurship;
Instructions for the “izi” Application use (Instructions) - instructions describing the conditions and procedure for using the “izi” Application.
Subscriber Identity Card (SIM-card) - an individual access card, which is a microprocessor module, which is part of the Subscriber Device, which identifies the Subscriber and provides the Subscriber with access to the services of the Operator;
Tariff Plan Constructor - the Service Constructor, which allows the Subscriber to independently determine the number and volume of the Services from the Services provided to the Subscriber through the “izi” Application;
Short text message - an informational message consisting of letters and / or numbers and / or symbols, typed in a certain sequence and in the amount allowed by the technical capabilities of the Operator network and the Subscriber Device;
Subscriber Personal Account (Personal Account) - a register of analytical accounting in the billing system of the Operator, designed to record the volume of services rendered, the receipt and expenditure of money deposited in accordance with the concluded Subscriber Agreement to pay for the services;
License - the state license of the Republic of Kazakhstan "To engage in business activities to provide mobile services of the GSM standard at the territory of the Republic of Kazakhstan МТК №ДС.0000317, issued by the Ministry of Transport and Communications of the Republic of Kazakhstan on August 24, 1998;
Limit - the volume of basic mobile services provided;
izi Mobile Application (“izi” Application) - software designed to work on subscriber devices that allows the Subscriber to order a SIM card, join this Agreement, register and activate the SIM card, manage Services, Roaming, top up the balance and perform other actions available within the functionality of the “izi” Application using the Subscriber Number of the Subscriber Mobile Communication Device in accordance with the “izi” Application conditions of use;
International Telecommunication Union (ITU) - a specialized agency of the United Nations in the field of information and communication technologies;
Subscriber personal data processing - actions aimed at accumulation, storage, modification, addition, use, distribution, depersonalization, blocking and destruction of the personal data of an individual Subscriber;
Operator - KaR-Tel Limited Liability Partnership, registered in accordance with the current legislation of the Republic of Kazakhstan and operating under the License, located at the following address: Republic of Kazakhstan, 010010, Almaty district, Astana, Gadyrgali Zhalayiry St., 2, tel. +7 727 3500606, fax +7 727 3500605, BIN 980540000397, Bank - ForteBank JSC, Bank BIC - IRTYKZKA, IIC KZ239650200007576641;
Partners - persons recruited by the Operator for the purpose of quality provision or promotion of any services on the basis of agreements concluded with the Operator, including for servicing the Operator’s work processes;
Subscriber Number Transfer - a service for the preservation and use of a subscriber number in mobile networks provided to a subscriber when he/she concludes a new agreement for the provision of mobile services with another mobile operator;
Subscriber's Personal Data - information relating to an individual recorded on an electronic, paper and (or) other tangible medium. The list of such information is approved by the Operator and posted at the Website;
Payment Card (Card) - an electronic payment instrument that contains information that allows its holder to make payments and / or money transfers through electronic terminals or other communication channels, either to receive cash, or make currency exchange and other operations specified by the issuer of the payment card and on its terms, which the Subscriber uses when topping up the Personal Account;
Representative (agent, dealer, distributor, as well as their subagents and representatives) of the Operator - a legal or natural person authorized under a power of attorney or a relevant agreement with the Operator to:
- distribute Subscriber numbers and SIM-cards; and (or)
- conclude agreements for the provision of mobile services on behalf of the Operator; and (or)
- provide services to subscribers to receive payments, replace SIM-cards, etc.).
Standard form Agreement (Agreement) - an agreement concluded between the Subscriber and the Operator, the subject of which is the provision of communication services by the Operator to the Subscriber;
Registration form - a form by means of which the Subscriber joins this Agreement, containing information about the Subscriber, the Subscriber number and other information, at the time of accession;
Roaming - the provision by the Operator of mobile communication services to the Subscriber in the network of a mobile communication operator in another country, on the basis of a roaming agreement between the Operator and other mobile communication operators. For roaming, the Subscriber Device has to be technically compatible with the operator’s network in another country;
Operator Website - the information resource of the Operator on the Internet at: www.izi.me ;
Spam - forwarding information and / or content to the Subscriber (User), without the Subscriber’s (user’s) consent and not directly related to the operator’s services, with the exception of mailings provided for by the legislation of the Republic of Kazakhstan;
Operator Notification - written, voice or text (using the means of the Operator and / or the media) message from the Operator sent to the Subscriber regarding the provision of services;
Services - basic and additional mobile and other services provided by the Operator to the Subscriber;
Internet Access Service - a service for receiving and transmitting data using the Internet, relating to additional mobile services;
This Agreement also uses other notions and definitions provided for by the legislation of the Republic of Kazakhstan on the provision of mobile communication services.
12. OPERATOR DETAILS
KaR-Tel LLP, legal address: Republic of Kazakhstan, 010010, Almaty district, Astana, Gadyrgali Zhalayiry St., 2, tel. +7 727 3500606, fax +7 727 3500605, BIN 980540000397, Bank - ForteBank JSC, Bank BIC - IRTYKZKA, IIC KZ239650200007576641
Appendix №1 to the Standard Form Agreement
FAIR USE POLICY
1. The Operator seeks to provide all Subscribers with the best quality Services and to ensure their ability to freely exchange information; in this connection, the Operator applies the following provisions in terms of equitable use of communication services, and the Subscriber ensures their performance.
2 Voice communication services intended for “live” dialogue between individuals and, unless otherwise specifically agreed in writing between the Operator and the Subscriber, are provided solely for personal use. At the same time, Subscribers and users can use automatic service systems that do not involve “live communication” between individuals for the time necessary for the fair use of such systems.
3 Continuous and (or) excessive use of voice communication services, as well as misuse of communication services by excessive use of conference services, call hold and (or) call forwarding, may adversely affect the Operator’s mobile network and / or the network and (or) equipment of Partners, as well as to limit the ability of other Subscribers to receive services of sufficient quality, and, therefore, such actions violate this Agreement.
4. Violations of the use of voice services are understood to include:
a) the use of such services in daily volumes significantly exceeding the average daily consumption of voice services by the Subscribers and users of the Operator ;
b) making outgoing voice connections that have an anomalous duration, including many short calls to different subscriber numbers, or several outgoing connections of abnormally long duration, and if there is a general limit on the duration of voice connections, the duration close to the maximum;
c) the use of voice communication services for the transmission of various kinds of broadcasts, monitoring, transmission of recorded materials or other voice connections that do not constitute live communication between two or more individuals, except for interaction with automatic service systems during the time required for the fair use of such systems .
5. The abuse of voice services using the conference call hold and / or call forwarding services is understood to include:
a) frequent use of the Service to retain subscribers over the time normally required for such services and in any case more than 10 minutes;
b) the use of these Services in order to produce income or mislead Subscribers and other users of communication services, as well as circumventing restrictions or deceiving automated systems;
c) the use of the specified Services on a permanent or continuous basis without prior written approval from the Operator.
6 Data transmission services, unless otherwise agreed in writing between the Operator and the Subscriber, are provided for personal use as part of the Services. At the same time, within the framework of the Services provided, unlimited data transmission services can be offered, which provide for a reduction in the speed of data transmission and (or) limiting certain uses (for example, downloading / sharing files in P2P (torrent) networks and applications, using VoIP / SIP services, viewing video, etc.) on an ongoing or temporary basis, for example, after passing a certain threshold. Within the framework of such proposals, the Operator, at its discretion, may also provide functionality for restoring speed or lifting restrictions for a certain fee. Such restrictions, as a rule, are sufficient to ensure uninterrupted operation of services for all Subscribers and users. At the same time, the following cases are considered a violation of the fair use policy:
a) The Subscriber consumes an excessive amount of traffic in a short period of time in regions with limited data transmission channels, which affects the overall quality of the Services in the relevant direction; and (or)
b) The Subscriber performs actions prohibited in accordance with clause 4.3 of this Agreement.