Limited Liability Company “CSC TELECOM”, Reg.No. 40003611196, legal address: 31 k-3 Cēsu Street, Riga, LV-1012, on the one hand (hereinafter – Operator), and the client, natural person who uses mobile telecommunication services with Travelsim prepaid SIM card (hereinafter – SIM card) (hereinafter – Client), on the other hand, shall enter into the following Contract:
1. Contract subject
The Operator shall provide mobile communication services to the Client after prepaid payment in accordance with the tariffs, service descriptions, terms of service specified in this Contract and on the Operator’s official website www.travelsim.de (hereinafter – website). By creating their order, the Client confirms that he has read and agrees to the terms and conditions of this Contract
2. Obligations of the Parties:
2.1 The Operator shall undertake:
2.1.1 To provide services to the Client in accordance with the tariffs, service descriptions, terms of service specified in this Contract and on the website;
2.1.2 To respond to Clients’ complaints and claims sent electronically to the e-mail address firstname.lastname@example.org, not later than within 14 (fourteen) days.
2.2 The Client shall undertake:
2.2.1 To get acquainted with and to follow terms of this Contract;
2.2.2 Not to disclose to third parties a personal identification number (hereinafter – PIN code), which is individual password for the access to mobile communication services, except in cases provided by law;
2.2.3 To read and take note of information on changes in the Contract, tariffs and terms of service, as well as on any other changes that are posted on the website.
2.3 The Client is entitled to use services in accordance with the tariffs, service descriptions, terms of service specified in this Agreement and the website. The Customer has the right to decline the usage of SIM Card in accordance with the Clause 8 of the Agreement.
3. Description of services
3.1 Service descriptions and their costs that are relevant at the time of signing the contract are published on the website. The Operator is entitled to change them by publishing actual information on the website.
3.2 The Client shall purchase SIM card with Estonian phone number, two PINs (PIN 1 and PIN 2), two matching individual codes (PUK 1 and PUK 2) and a 19-character serial SIM number from the Operator. A serial number may be required for identification by contacting the Operator’s Support Services.
3.3 The Client shall receive phone number of TravelSim’s SIM card after completing the order.
3.4 When establishing an order for the Operator’s goods and services, the Client shall confirm that he or she is aware that not all mobile devices on the market are capable of providing the services offered by the Operator.
4. Terms of service
4.1 In order to use the Operator’s provided mobile communication services the Client needs a balance (credit), which can be purchased on the website.
4.2 The Operator shall offer goods or services only if prepayment is made. The payment is made if the amount to be paid by the Client is transferred to the Operator’s account. The Client shall receive an invoice for purchases made on the website, which can be downloaded at any time from the section “My Cabinet” of the website.
4.3 The balance is deducted for the service fee according to the tariffs indicated on the website. Sometimes a payment is deducted with a delay. The Operator can perform recalculation if the error has occurred.
4.4 The Client has an option to check the current state of his or her balance. In order to do this, you need to enter “SIM Menu’ – “Check balance” in your phone menu or to enter 099 (or *146*099#) on your mobile device and to press the call key.
4.5 The Client can check the current status of his or her balance in section “My Cabinet” of the website. Data on the current state of the balance is not mandatory and they may not form a basis for any claims of the Client.
4.6 All mobile communication services provided by the Operator are provided with payment from the balance and they are discontinued as soon as the balance amount is depleted. In countries where incoming calls are free of charge, it is possible to receive incoming calls even if the entire balance amount is depleted.
4.7 The transfer of funds into the Client’s balance shall take place automatically as soon as the corresponding amount has been transferred to the Operator’s bank account or if this amount has been credited by the credit institutions.
4.8 The client is aware that in the event if by making payment he or she has indicated wrong phone number or number assigned to another Client, the owner of the number who does not belong to the Client may use the wrongly credited amount. In this case, the Operator shall not be liable for the incident and shall return to the Client only the amount which has remained at the moment when the Client has notified the Operator in writing about the error.
4.9 In the event if SIM card is lost, the Operator after locking the SIM card may transfer the credit balance to the new SIM card at the Customer’s request, provided that the phone number remains. The Operator may charge for this service if it is specified in the website.
5. Operation of SIM card and credit
The operation time for SIM card is unlimited if the card is used on a regular basis. If the card is not used or the balance is not replenished for 365 days, then the prepaid card may be deactivated. In this case the contractual relationship between the Operator and the Client is deemed to be terminated.
6.1 All costs and tariffs for the goods already ordered are agreed upon between the Client and the Operator according to the current services, tariffs and expenses published on the website.
6.2 The Client shall agree that the payment for the services used is in accordance with the applicable tariffs, which are valid at the time of use of the service. The current tariffs can be found 24/7 on the website.
6.3 The talk time in European countries is counted with a step 1 second after the first 30 seconds, in other countries the counting step is 1 minute.
6.4 The Client shall receive information about changes in prices on the website www.travelsim.de, changes can be implemented and can be withdrawn at any time. If the Client continues to use the service, this indicates that he or she has accepted changes in the tariffs.
6.5 If the Client’s mobile device has been stolen, damaged or lost with your SIM card, the Operator is not liable for any damages.
7. Terms of delivery
Delivery of material values (SIM card) is carried out within 3 working days from the day when payment for services from the Client is received, but not later than within 30 days. Delivery is carried out at the address indicated by the Client. The Client shall bear all expenses that may arise if incorrect, incomplete data on the Client or delivery address were provided. The Client may also get the ordered SIM card at the Operator’s Office if he or she has expressed such a wish.
8. Termination of the Agreement and cancellation rights
8.1 As the Client is the consumer and shall conclude a contract with the Operator on prepaid mobile services on the Internet, the Client is entitled to terminate the contract without giving any reason. This can be done within 14 days after receipt of the SIM card from the Operator. The application for cancellation must be submitted in writing by sending it to the indicated e-mail address email@example.com within specified time period.
8.2 If the Client has exercised his or her right to terminate the contract, he or she is obliged to return the product received to the Operator. Once the Operator has received the goods, it refunds the amount received from the Client for the goods. The money is refunded on condition that the product is returned to the Operator unused, in the condition that it can be sold to another Client (SIM card is not broken out from the holder and is not damaged). Postal expenses shall be covered by the Client. If the Operator receives goods damaged or used, the payment for the goods is not reimbursed.
8.3 The Operator is entitled to terminate the contract unilaterally and block and/or debit the Client’s credit if the Operator has reason to believe that the Client has not submitted the correct data and/or services are used for fraudulent purposes and/or the Client violates the Criminal Law and/or imposes a threat to the Operator’s equipment, partners’ services or national security.
9.1 The Operator shall provide the service in the form and extent, for the price and quality at which it is available at the time the service is provided.
9.2 The Operator shall use all the efforts and resources to provide impeccable and high quality services, however, the Operator is not liable for the Client’s direct or indirect losses incurred during the use of the services or during the period when there was a disturbance in their use due to the provision of the service by third parties (mobile operators) through roaming conditions.
10. Liability and unforeseen events
10.1 The Operator is not liable for partners’ failure to perform liabilities that are not under its control. For example, emergency situations in the network, unforeseen, unavoidable events which cannot be influenced by the Operator and which are not caused by its fault, such as war, natural disasters, strikes and communication interruptions, which release the Operator from the liability at the time of these disturbances. If the interruption is more than two weeks long both parties are entitled to waive their contractual obligations. If the Operator delays in provision of services, the Client is entitled to terminate the contract after the expiration of the specified additional term.
10.2 Operator’s services may be affected by both the radio technical and the weather and the geographic conditions, as well as by the technical and production reasons (works related to technical maintenance, repair, overload of power, and interruptions in the supply of electricity). Infringements, restrictions or interruptions can occur after emergencies and disasters or due to unforeseen circumstances (strikes, redundancies). In such cases the Clients are not entitled to claim damages, reduce costs, or make similar claims.
10.3 The Operator shall not be liable for any delays in partners’ services or for other reasons where these violations have occurred, but the Operator cannot influence them, and in addition it is not responsible for the accuracy of the content received from third parties.
11. Data protection
11.1 The Client shall agree that the Operator is entitled to collect, process and use the Client’s data.
11.2 The Operator shall undertake to process the data with the utmost care and to comply with laws and regulations on inviolability of personal data. The Operator has an obligation to comply with the legislation on the inviolability of personal data and to ensure the protection of information. Operator’s employees are not authorized to distribute the confidential information as it is determined by the law on Personal Data Protection. Client’s data may not be disclosed to third parties, except when it is necessary to fulfill the terms of the contract or at the request of the competent authorities of national institutions of the Republic of Latvia.
11.3 The Client shall agree to receive information about the Operator’s services electronically on his or her e-mail or through SMS. The Client can revoke his decision at any time.
12. Entering into force of the contract
The Contract shall enter into force when the Operator has received prepayment in its account from the Client in full amount.
13. Other provisions
13.1 In the event if some of the transaction data items completely or partially lose their effect due to legislative changes, other provisions remain valid. The Operator is entitled at any time to make changes or additions to the terms of the contract if after the conclusion of the contract, the circumstances have changed or it is required due to changes in legislation.
13.2 The Operator is entitled to send information related to the contractual relationship to the Client to the address indicated by the Client or as a message (SMS) to his or her TravelSim number.
14. Final provisions
14.1 Any disagreements, disputes or claims arising out of this Contract or are related to its fulfillment, violation, termination or invalidity shall be drawn up in accordance with the Operator’s location in Latvia, Riga, in accordance with the laws and regulations of the Republic of Latvia.
14.2 Verbal agreements are not legally binding. Amendments and supplements to this Contract must be executed in writing and published on the website.
15. Address and details of the Operator:
SIA “CSC TELECOM”
Reg.No. 40003611196, VAT No. LV40003611196
Postal address: Cesu iela 31 k-3, 5.kāpņutelpa, Riga, Latvia, LV-1012
Legal address: Cesu Street 31 k-3, Riga, Latvia, LV-1012
Bank: AS Swedbank
Account No.: LV14HABA0551043793519, SWIFT code: HABALV22