Public offer for the provision of telecommunications services in the mobile application "OQ"
Telecommunication services are provided through the “OQ” Mobile Application by Unitel LLC (hereinafter referred to as – Operator), located at the address: Republic of Uzbekistan, 100047, Tashkent, st. Bukhoro, d.1, and operating and providing telecommunication services (f hereinafter referred to as – Services and Telecommunication services) based on the following documents: license AA No. 0005845 for the right to engage in design, construction, operation and provision of services for mobile radiotelephone (cellular) communication networks; license AA No. 0001367 for the design, construction, operation and provision of services of long-distance telecommunication networks; license AA No. 0000940 for the provision of international telecommunications network services license AA No. 0005612 for the design, construction and provision of data transmission network services and; license AA No. 0006950 for the operation of data transmission networks. Operator provides services to individuals who accept this offer by performing the actions specified below (hereinafter referred to as the "Subscriber") (hereinafter collectively referred to as the "Parties to the Agreement") in accordance with the following terms of this Public Offer and its annexes, which are the Agreement for the provision of telecommunications services. The terms of this Public Offer are also the Rules for the provision of telecommunication services, which the Parties to the Agreement must comply with. Further in the text, the terms of Agreement (this Agreement) and Offer (this Offer) have the same meaning.
1.2. The subject of the Agreement is the provision of telecommunications services by the Operator to the Subscriber by connecting it to the Operator's network on the territory of the Republic of Uzbekistan through mobile application "OQ", performing certain technical operations that do not have a material form. Telecommunication services will be provided to the Subscriber in the presence of his full and unconditional acceptance of the terms of this public offer, including the fulfillment by the latter of the obligation to pay for the Services, according to the puzzle-tariff chosen by him in the OQ Mobile Application.
1.2.1. The procedure and conditions for the provision of mobile electronic payment services are determined by the rules, set out in the annexes, which are an integral part of this Public Offer.
1.3. For the purposes of this offer, the following basic terms are applicable: Subscriber - an individual with whom a Subscriber Agreement is concluded on the terms of a prepaid service system (prepaid) with the allocation of at least one Subscriber Number for use. Subscription Agreement - an Agreement concluded on the terms of the Public Offer for the provision of telecommunications services, concluded between the Subscriber and the Operator, consisting of this Offer, the Price List, the User Agreement and annexes thereto. Subscriber number - a number allocated to the Subscriber under the Contract for the provision of communication services, through which the subscriber equipment connected to the telecommunications network is identified when other devices are connected to it; Subscriber device - a technical tool, the property of the subscriber or issued to him for temporary possession and use, intended for interconnection with telecommunication networks, for the formation, conversion and processing of signals transmitted or received over telecommunication networks. The subscriber device must be properly certified in accordance with Article 24 of the Law of the Republic of Uzbekistan "On Telecommunications". Subscription fee - a fee debited from the subscriber's electronic account, in the amount and with the frequency specified in the Operator's Price Lists, for providing the subscriber with the opportunity to use telecommunications services according to the tariff plan chosen by the Subscriber, is a constant value that does not depend on the volume of actually received telecommunications services. Access to the Operator's network - the ability to use the Operator's network and to receive services provided by the Operator. Billing unit - duration unit of a telephone conversation (connection) paid by the Subscriber, which depends on the billing system chosen by the Operator. Operator's service area - the territory where Operator has the right, on the basis of the License Agreement, to provide telecommunications services and has the technical capabilities to provide such services, in terms of quality that meets the technical conditions established by regulations and / or standards (guiding documents) acting in the Republic of Uzbekistan. Content - informational, entertaining text or multimedia data received via SMS, GPRS. MyID - UZINFOCOM application named "MyID", built into the OQ mobile application, that allows to identify and make authentication of individuals by biometric parameters of the face (according to facial geometry) tin order to provide them authorized online access to the Operator's services. Operator - Unitel LLC, providing services in the OQ mobile application. Price List - Annex to this public offer which is an integral part of the Subscription Agreement, that fixes the cost for the services provided by the Operator. Rules for the provision of mobile electronic payment services - the rules govern the relationship between Operator and the Subscriber arising in the process of making payments and other payments for civil law transactions in the online form in accordance with the legislation of the Republic of Uzbekistan, including replenishment of electronic wallets and payment by electronic money through the information system and network of the Operator. Provision of access - the performance by the Operator of operations to provide the Subscriber with a Subscriber number for use and connect to the Network. The duration of the radiotelephone connection is the length of the time interval from the moment the Operator's equipment detects the called party's answer until the moment the Clearance Operator's equipment determines the radiotelephone connection of one of the parties. Partners - persons engaged by the Operator for the purpose of providing high-quality or promoting any services on the basis of agreements concluded with the Operator, including service for Operator's work processes. User Agreement - an agreement by which the Subscriber joins this Agreement and agrees to the processing of personal data, containing information about the Subscriber, information about the Subscriber's number and other information at the time of accession. Radiotelephone connection - the establishment of radiotelephone communication between the Subscriber Equipment of users of telecommunications services, at least one of which is a Subscriber of the Network, which provides the possibility of exchanging information. Roaming - a service that provides access for a subscriber of one Operator to the network of another Operator when he/she is in the service area of another Operator, located within the same state (national roaming) or in another country (international roaming). The list of countries and roaming partners of the Operator is updated on a strictly defined date of validity and may change from time to time. The list of roaming partners, as well as tariffs for roaming services, are indicated by the Operator on its official WEB-site and in printed information materials. Operator's website - Operator's information resource on the Internet at the address: www.oq.uz for "OQ" Subscribers Network - set of telecommunication facilities (switching and radio equipment, subscriber devices, connecting lines, facilities, etc.) that provide transmission and reception of voice, data, video and other types of signals, through which telecommunication services provided to the Subscriber. SIM card (Subscriber Identity Module) - removable identification module containing a microcircuit, which provides identification of the subscriber unit, access to the mobile communication network, as well as protection against unauthorized use of the subscriber number. The cost of a SIM card allocated to a subscriber for identification, providing access (connection) to the Company's network and receiving communication services, is included in the cost of the tariff plan chosen by the Subscriber. eSIM - virtual identification module of the subscriber device, which provides identification of the subscriber unit, use of the mobile communication network, as well as protection against the use of a subscriber number without permission. SMS - short message service. Billing system - method of calculating the cost of services for various types of telecommunication services. Tariff\s – price\s for a certain telecommunication service. Tariff plan - list of tariffs corresponding to a certain set of communication services. Technical possibility of providing access to the Network - availability of free subscriber capacity numbers and / or communication channels, including radio channels, taking into account the allocated radio frequency resource. Technical possibility of providing services - availability of functioning technical means and communication facilities in the Operator's service area, which are necessary for provision of relevant telecommunication services. Transaction - an operation with the Subscriber's Electronic Account, when funds are debited for the Services provided. The operator has the right to equate to the transaction also the following: - completed outgoing call (with a duration of more than 0 seconds), including roaming (except for emergency services call and Operator’s free service numbers); - All outgoing SMS within the network and to subscribers of other operators; - All incoming charged SMS; - Charge of subscription fee (excluding charge of amounts for the "Save number" service); - All transactions for paid service management; - All completed data receive-transmitting sessions. Operator Services - services for receiving, processing, transmitting radio signals and other types of information through telecommunication networks, and other services, determined by the Operator, depending on the technical capability of the telecommunication network, provided to Subscriber with access to the Network independently, or with the involvement of third parties on the basis of concluded agreements. Data network service - product of the Operator's activities for receiving, transmitting and processing signals and other types of information through data network. Restriction level - the minimum amount of funds on the Subscriber's Electronic Account (balance), when Operator has the right to limit the volume of communication services provided to the Subscriber, or completely suspend them. Fraud - deliberate action or inaction of an individual, leading to the use of the Telecommunication Services provided by the Company, in violation of the established rules and procedures, without proper payment, as well as aimed at taking the funds of the Operator or the Subscriber. GSM gateway - a multi-channel or single-channel mobile device that connects to fixed public network or to mobile operator's network, allowing to direct any incoming calls from device to one of the GSM gateway channels, followed by transferring the call to the local network and charge the call as local. Electronic (Personal) account - electronic file in the Operator's automated settlement system containing information expressed in monetary terms about the scope of the Subscriber's rights to receive the Operator's services. Subscriber information includes: a) PINFL (Personal Identification Number of an Individual.), surname, name, patronymic of the Subscriber - individual; b) the Subscriber's address, pseudonym, subscriber numbers and other data allowing uniquely identify the Subscriber and his subscriber equipment. The list of such information approved by the Operator and posted on the official website. IMEI code (International Mobile Equipment Identifier) (hereinafter referred to as IMEI) - 15-digit mobile subscriber unit identification number allocated by the GSMA and operating on GSM/UMTS/LTE networks. The IMEI code of the mobile network subscriber's device must be registered in accordance with the procedure established by law. Cashback - the equivalent of funds credited to the Subscriber's electronic personal Account, used by the operator as a discount for the telecommunication services provided. Acceptance - full and unconditional acceptance of all the terms of this Offer, carried out in accordance with the procedure established by clause 2.1. Offer. The purpose of collecting and processing personal data of Subscribers is providing telecommunication services and other additional services by Operator to Subscribers, ensure the possibility of identifying using terminal equipment, providing and transferring to third parties involved by the Operator to provide services on the basis of concluded agreements with a significant condition to maintain the confidentiality of personal data and the security of their processing, including cross-border transfer of data to countries with adequate protection, including authorized law enforcement persons, based on legitimate and reasonable requests and following current legislation of the Republic of Uzbekistan. The Operator collects, processes and uses personal data that is required for the provision of telecommunication services and other additional services provided by third parties on the basis of agreements concluded with the Operator, for ensuring efficient service for subscribers in accordance with the Operator's Personal Data Policy that posted on the official website of the Operator.
1.4. The terms of the Agreement are established by the Operator independently, in accordance with the current legislation of the Republic of Uzbekistan. Telecommunication services are provided in accordance with the set of services and tariff plan chosen by Subscriber.
1.5. The list of basic and additional telecommunication services provided by the Operator determined by the License and technical capabilities of networks and communication facilities owned by the Operator or other Operators that form a public telecommunication network in the Republic of Uzbekistan, taking into account regulatory and technical requirements communications and informatization, and indicated in the Operator's Price Lists. The list of services may change from time to time due to technical, organizational and/or financial circumstances.
1.6. Information about Subscribers that became known to the Operator's employees due to the performance of their official duties is confidential information and is subject to protection in accordance with the legislation of the Republic of Uzbekistan. Confidential information is processed when the Subscriber uses the main and additional services of the Operator through the Mobile Application "OQ", as well as when he/she visits the official website of the Operator, does not apply to websites and services of other companies, even if the Subscriber accesses them through the network or services of the Operator.
1.7. Information about messages transmitted over telecommunication networks, as well as the messages themselves, can only be issued to their senders (Operator's Subscribers) or their legal representatives. Listening to telephone conversations, familiarization with messages transmitted over telecommunication networks, obtaining information about them, as well as other restrictions on the secrecy of conversations and messages are allowed only in cases and in the manner prescribed by law. The Operator is not entitled to distribute or transfer to third parties information about the Subscriber that became known to him by virtue of the execution of the agreement, without the consent of the Subscriber, except as provided by law and this agreement.
2. PROCEDURE FOR CONCLUSION AND TERMINATION OF THE AGREEMENT.

2.1. The agreement between Subscriber and Operator is concluded through the Mobile Application "OQ" using MyID function on the terms of a public offer. Acceptance (consent to conclude the Agreement) of individual is the fact of expressing consent in the OQ Mobile Application at registration stage and making the first transaction to the Subscriber's personal account.
2.2. Operator has the right to refuse to conclude this Agreement: 1) when provision of access to the Operator's network is technically impossible; 2) when provision of services requested by the Subscriber is technically impossible in Operator's Network; 3) if Operator has information about loss of Subscriber’s equipment by another Subscriber, or not certified as per legislation of the Republic of Uzbekistan, or not registered IMEI code; 4) if there is a debt for telecommunication services previously provided by Operator; 5) when Subscriber failed to provide information confirming the place of permanent or temporary registration.
2.3. The Agreement may be terminated by the Operator unilaterally in the following cases: 1) impossibility of performance (due to force majeure, lack of technical capability, etc.); 2) issuance of a regulatory act, which makes fulfillment of obligation impossible. In particular, revocation, suspension, cancellation of license of the Operator in the manner prescribed by law; 3) violation by the Subscriber of the procedure for carrying out entrepreneurial activities in the field of telecommunication when using services provided by the Operator, as well cases of hooligan actions of the Subscriber, including sending short messages and making phone calls that offend honor and dignity of the Subscribers/Operator; 4) in case of transfer of a SIM/eSIM card connected to the Network to third parties; 5) detection of fraud or fraud attempts by the Subscriber; 6) termination in the cases provided for in clauses 6.8; 6.9; 7) identifying the actions specified in clause 8.5. actual agreement; 8) in other cases provided for by this Agreement or the legislation of the Republic of Uzbekistan.
2.4. Subscriber equipment owned by the Subscriber is not redeemed by the Operator. Payment for "golden" number service is not reimbursed by the Operator.
2.5. In case of termination of the Agreement, the positive balance of funds on the personal account of the Subscriber is returned to the Subscriber in a non-cash form by transferring funds to the sum plastic card, Subscriber is obliged to contact the Operator’s support service via online chat and send for consideration a written request in scan format, which will be the basis for termination of the Agreement and return of funds.
2.5.1. Refunds are made within 30 days from the date of acceptance via online chat of the scanned written request of Subscriber by Operator's support service.
2.5.2. The Subscriber has the right to demand funds remaining on the personal account at the time of termination of the Agreement within the statute limitation period established by the legislation of the Republic of Uzbekistan from the date of termination of the Agreement. If the Subscriber applied to the Company after the expiration of the statute limitation period, the funds are non-refundable.
2.5.3. The return of funds paid in advance may be carried out in other cases that do not contradict the law and contractual relations of the parties.
2.5.4. When the Subscriber uses an personal account to accumulate funds (an amount exceeding the average monthly subscription fee for the tariff plan by 20 times or more), including those received from third parties, in violation of clause 4.1. of this offer, the Operator has the right to: - apply a penalty in the amount of 4.5% of money to be returned to the Subscriber; - refer to the authorized state bodies involved in countering the legalization of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction, to assess risks in accordance with the legislation of the Republic of Uzbekistan "On countering the legalization of proceeds from crime and the financing of terrorism" from 08/26/2004. No. 660-II.
2.6. When the Subscriber is changed as a party to this Agreement, in the event of the death of the former Subscriber (including in the event of inheritance, receiving an activated SIM / eSIM card as a gift), the Agreement with the former Subscriber is terminated (upon providing supporting documents), and an Agreement is concluded with the new Subscriber. At the same time, the Operator has the right to demand a fee associated with the re-registration of the database about the Subscriber (in accordance with the current tariff plan), and reimbursement of the debt of the former Subscriber.
2.7. When concluding an agreement on the terms of this Offer, the Subscriber agrees to the Operator for the processing of his personal data and other information that became known to the Operator in the process of providing Services, for the possibility of identifying persons using equipment, provision and transfer to third parties engaged by the Operator to provide services on the basis of concluded agreements with a significant obligation of third parties to maintain the confidentiality of personal data and the security of their processing, including cross-border transfer of data to countries with adequate protection, including persons performing law enforcement functions, in cases provided for by the current legislation of the Republic of Uzbekistan, on the basis of legitimate and reasonable requests.
2.8. Operator, from the moment of conclusion of the Agreement and until achievement of the purpose of processing personal data, processes the Subscriber's data using software and hardware. The processing of personal data is understood as the implementation of one or combination of actions to collect, systematize, accumulate, clarify (update, change) store, change, supplement, use, provide, distribute, transfer, depersonalize and destroy personal data. Withdrawal of the Subscriber's consent to the collection and processing of personal data is made at the request of the Subscriber. The possibility of providing services depends on the availability of the Subscriber's personal data by the operator, and in case of withdrawal of consent, the provision of the Services will be limited.
2.9. The operator ensures the confidentiality and security of the received personal data.
2.10. The Subscriber's personal data may be processed by third parties engaged by the Operator on the basis of relevant agreements to fulfill obligations under the Agreement. An essential condition of contracts concluded by the Operator with third parties is the obligation of third parties to ensure the confidentiality of personal data and the security of their processing. The list of third parties involved by the Operator in the processing of subscribers' personal data may be posted by the Operator on the Operator's Website. The Operator has the right to determine and change the list of third parties.
2.11. If the Subscriber decides to withdraw his consent to the processing of personal data, the Operator limits the provision of the services specified in this Offer. In case of withdrawal of the Subscriber's consent to the processing of personal data, also after achieving the goals, the Operator may destroy the provided personal data.
3. OBLIGATIONS AND RIGHTS OF THE OPERATOR.
3.1. The operator is obliged: 1) provide Subscriber Number for the period of validity of this Agreement and activate SIM/eSIM card. 2) provide Services to the Subscriber when he/she is in the Operator's Network Service Area; the quality of Network provided by Operator in the Service Area must comply with the standards in force in the Republic of Uzbekistan, technical standards and other regulatory documents, terms of this Agreement, as well as information on terms of Services provided by the Operator; 3) ensure, within the Service Area, the possibility of 24-hour available free call to of emergency operational services to the following numbers: 101 - fire brigade, 102 - police, 103 - ambulance, 104 - gas emergency, 1050 - Ministry of Emergency Situations; 4) provide Subscribers with reliable information about Services; 5) inform Subscriber about changes in tariffs at least 10 days before new tariffs come into force, by posting relevant information on the official website of Operator (www.oq.uz), if such changes worsen the position of the Subscriber; 6) take measures to eliminate deficiencies in the provided services, discovered during providing these services to Subscribers; 7) organize consulting of Subscriber on services and payments, quality of connection. 8) provide Subscriber opportunity to use services of other networks of cellular mobile radiotelephone communications in the Republic of Uzbekistan and abroad (roaming) if Operator has relevant agreements with the Operators of these networks, and if such service is provided by tariff plan chosen by the Subscriber. 9) to connect Subscriber to the Network, if he/she was disconnected for non-payment, after liquidation of debt on payment for services and making advance payment in the amount, according to the chosen tariff plan.
3.2. The operator has the right: 1) withdraw Public Offer in accordance with the legislation of the Republic of Uzbekistan, amend terms of this offer with the notification of the Subscribers by posting appropriate notices on the official WEB-site of the Operator (www.oq.uz), located in the public telecommunication network, or notify Subscribers of other ways acceptable for Operator, and if, within 10 days from the date of placement of specified information, Operator does not receive a written full or partial refusal from Subscriber to accept such changes, then the changes to the Agreement will be considered accepted; 2) suspend access of Subscriber equipment to the Network in case of violation by the Subscriber of the terms of this Agreement and the provisions of the law. Repeated access of the Subscriber Equipment to the Network is made at the Operator's tariffs after the complete elimination of violations, while the preservation of the previous Subscriber Number is not guaranteed to the Subscriber; 3) change tariff plans, system, conditions, forms and terms of payment for Services, notifying the Subscriber at least 10 days before such changes come into force; 4) change unilaterally Subscriber’s number provided in cases prescribed by the current legislation of the Republic of Uzbekistan; 5) transfer Subscriber’s positive balance of funds on Subscriber's plastic card, in case of termination of the Agreement; 6) establish restrictions on the unlimited connection of services; 7) limit provision of services and/or terminate the Subscription Agreement if Operator reveals information about debts under other agreements concluded by Subscriber with the Operator. 8) debit from the Subscriber's Electronic Account funds as payment for the Services rendered under one of the agreements concluded with the Operator, if there are several agreements concluded. 9) The Operator may have other rights provided for by the legislation of the Republic of Uzbekistan and this Agreement. 10) Completely suspend / terminate the provision of mobile electronic payment services or unilateral change in the terms of these services, with prior publication on the Operator's website 10 (ten) days in advance. 11) Restrict access to Operator's Contact Center for the following actions, such as: insulting employees of the Operator's Contact Center; use of offensive words when communicating with employees of the Operator's contact center; repeated appeals to the Contact Center on issues not related to the scope of the Operator's activities; repeated calls to the Operator's Contact Center accompanied by silence and in other cases regarded by the Operator as actions that cause moral inconvenience to the employees of the Operator's Contact Center and make it impossible to provide services to Subscribers in accordance with the legislation of the Republic of Uzbekistan and the Operator's Procedures. 12) Send messages of an informational and advertising nature, including from third parties.
4. OBLIGATIONS AND RIGHTS OF THE SUBSCRIBER
4.1. The subscriber is obliged: 1) comply with the terms of this Agreement; 2) use only Subscriber’s equipment that has a certificate for compliance with established standards in the Republic of Uzbekistan and IMEI code, registered in the manner prescribed by law; 3) use the Subscriber equipment in accordance with the manufacturer's current instructions for its operation taking into account special orders and rules in force in a certain territory (airport, aircraft, etc.), restrictions, when they may cause possible interference or dangerous situation (medical facilities, service stations, fuel storage and reloading areas, blasting sites, etc.). Operator is not obliged to inform the Subscriber about such specified restrictions and requirements; 4) in order to identify the Subscriber's data (last name, first name, patronymic, place of permanent and / or temporary residence, series and number of the identity document), Subscriber is obliged to indicate in the application in requested form his valid identity document (passport / ID-card , new formatted driver's license); 5) timely and fully pay for services provided in accordance with the current payment procedure, tariff plan and the list of services provided, in accordance with the terms of the Agreement; 6) provide Operator valid and reliable data on the address of delivery of correspondence, bank details, actual location, postal address and address of permanent or temporary registration, as well as other information used for the purposes of this Agreement, to the extent that the Operator will require such data to be specified when concluding the Agreement. In the event of a change in the specified data, as well as a change in the data in identity document (passport / ID-card, new formatted driver's license), specified at the conclusion of the Agreement, provide to Operator current data in written scanned format (pdf, jpeg) by contacting support online chat of Operator's contact center within 15 (fifteen) days after the effective date of such changes; 7) not to use Subscriber number for holding lotteries, voting, competitive selections, quizzes, advertising, surveys, mass mailings, for accumulating funds on an personal account, installing gateways for access to a fixed-line network, internet telephony and other events leading to a malfunction of the Subscriber equipment and / or communication devices, without prior written agreement with the Operator; 8) not grant to third parties the right to use a SIM/eSIM card connected to the Network; 9) the use of SIM/eSIM card by third parties does not release Subscriber from liability for the fulfillment of obligations under this Agreement; 10) within 10 days from the date of posting information about changes made to the terms of the Public Offer (including tariff plans, system, conditions, payment formats and terms), duly notify the Operator of full or partial refusal to accept such changes, in case notification is not provided by Subscriber to Operator, all changes are considered accepted by Subscriber; 11) not allow or commit actions qualified as fraud; 12) not use Subscriber number for illegal international traffic, including GSM and IP gateways; 13) The Subscriber may also bear other obligations in accordance with the legislation of the Republic of Uzbekistan and this Agreement.
The subscriber has the right: 1) use the Network to conduct telephone conversations, transfer data and other information by technical means permitted by the Operator in the Network in accordance with the technical regulations and standards of the Republic of Uzbekistan and the provisions of this Agreement; 2) demand the necessary and reliable information about Operator and its Authorized Offices, their working hours and range of services provided by Operator; 3) for timely and high-quality service by the Operator in accordance with the technical regulations and standards of the Republic of Uzbekistan and this Agreement; 4) if the Operator agrees to change the settlement procedure, tariff plan, set of services provided, notifying the Operator about this in the manner established by the Operator, in accordance with the procedures adopted by the Operator; 5) connection to the Network of its Subscriber equipment on the terms and in the manner established by the legislation of the Republic of Uzbekistan and this Agreement; 6) terminate this Agreement unilaterally by notifying the Operator in writing at least 5 working days before the expected date of termination. At the same time, the Subscriber reimburses payment for the Services provided by Operator. 7) refuse services of the Operator in case of violation by the Operator terms and conditions stipulated by this agreement, and terminate Agreement with the Operator unilaterally by notifying Operator in writing at least 5 working days before the expected date of termination. At the same time, the Subscriber reimburses debt on payment for services already provided by Operator; 8) exercise rights as a Subscriber personally or through a representative acting on the basis of law or a notarized power of attorney. Actions aimed at receiving the Services and committed with the Subscriber Equipment with the Subscriber's SIM / eSIM card included in it are considered to be committed on behalf and in the interests of the Subscriber; 9) apply to the authorized state bodies or the court in case of violation of his rights; 10) Subscriber may have other rights provided for by the legislation of the Republic of Uzbekistan and this Agreement. 11) To use the “Mobile Electronic Money” Services subject to the requirements set forth in this Public Offer. 12) Refuse to receive informational and advertising messages, including from third parties.
5. PRICES (TARIFF PLANS) FOR THE SERVICES PROVIDED BY OPERATOR.
5.1. Tariffs for all types of services and Subscriber equipment, duration of the radiotelephone connection, billing unit are determined by Operator independently and are fixed in the Price List, which is an integral part of this Agreement. Prises are indicated with excise dute (if applicable) and VAT.
5.2. Subscriber equipment, answer signal of which is equal to answer of the called party and serves as the beginning of counting the duration of the telephone connection, includes 1) data transmission equipment: modem or facsimile machine operating in the mode of automatic information reception, etc.; 2) any subscriber device equipped with an answering machine; 3) subscriber equipment with automatic voice-mail; 4) another device that provides (or simulates) the possibility of exchanging information in the absence of the called party.
5.3. Payment for the services of a radiotelephone connection is made according to the tariff that in force at the time Operator provides service.
6. PAYMENTS FOR RENDERED SERVICES.
6.1. Services are provided after the Subscriber makes a prepayment in the amount determined when Subscriber selects set of services according to the Price List valid on the date of the transactions.
6.2. Tariffs for he Operator's services are set in national currency of the Republic of Uzbekistan. All payments for services are calculated in the national currency of the Republic of Uzbekistan. The cost of services includes excise tax and value added tax.
6.3. Payment shall be made by non-cash payments through non-bank electronic payment systems, and payment can also be made in another accessible way, permitted by the current legislation of the Republic of Uzbekistan.
6.4. Subscriber makes through any of the electronic payment services specified in the OQ mobile Application, after payment funds are reflected in the Subscriber's "personal" account.
6.5. If, after registration, the Subscriber made partial payment for the selected tariff or other services of the Operator, from the moment of registration, the Subscriber has 24 hours to make a full prepayment for the selected tariff and services. If the full prepayment is not made within the specified period, the Operator has the right to debit the entire amount paid previously by Subscriber, and funds can be returned only upon a written request of the Subscriber in accordance with clause 2.5 of this Agreement.
6.6. During use of services, corresponding amounts determined by the established tariff are automatically debited from the Subscriber's "personal" account.
6.7. Information about unspent balance of funds on the "personal" account is provided to the Subscriber free of charge, in manner determined by Operator.
6.8. When “personal” account is completely is run out of funds, Operator has the right to limit the provision of Services to Subscriber, including interrupting the unfinished conversation and block the number of Subscriber. Failure by the Subscriber to carry out transactions within 90 consecutive days from the date of the last transaction is a unilateral refusal of the Subscriber to execute the Agreement and Agreement is considered as terminated.
6.9. If the amount of funds on the "personal" account has not been run out and there was no transaction for 90 consecutive days, the Operator has the right to debit funds from the Subscriber's "personal" account for servicing the Subscriber's number (by enabling the "Number Saving" service), with prior SMS notification about activation of this service. Tariffs for this service are specified in the Price List. When Subscriber top-ups the amount or funds on “personal” account are run out, the service is automatically disabled and servicing the Subscriber Number stops.
6.10. When instant debiting from the “personal” account of the Subscriber in the amount of the services consumed by him is impossible - for example, when the Subscriber is in roaming and in other cases, as well as in cases when this is provided for by tariff plan and terms of service, the balance of the “personal" account may become negative, which means Subscriber's debt to the Operator and is recognized by the Subscriber as indisputable. In this case, the provision of telecommunication services may be terminated.
6.11. If the Subscriber does not top up his "personal" account to a positive balance value, the Operator has the right to send a notification letter (claim) to the Subscriber with a request to pay the debt on time. The subscriber is obliged to pay the debt no later than the deadline specified in the notification letter (claim).
6.12. The Operator has the right, without additional notice, to limit the scope of services provided to Subscriber, depending on the amount of funds on the Subscriber's "personal" account (balance) (restriction level). Restriction levels are given in the Operator's Price Lists.
6.13. All invoices and notifications sent by the Operator to the known address of the Subscriber are considered to be sent properly, and the Operator does not accept any claims in case of non-receipt of them.
6.14. When Operator provides Subscriber additional Subscriber Numbers assigned to one "personal" account or separate "personal" accounts, Operator issues for Subscriber an invoice, including advance and other payments, in accordance with the Tariff plan chosen by the Subscriber. The Operator has the right not to provide Services to Subscriber until the relevant amounts are received.
6.15. When this Subscription Agreement is terminated, the return of the remaining (unspent) amount on the Subscriber's "personal" account is carried out in the national currency of the Republic of Uzbekistan, in the manner provided for in clauses 2.5., 4.2, 7) of this Agreement.
6.16. When this Subscription Agreement is terminated, remaining (unspent) accrued amount of Cashback is non-refundable.
7. CONSIDERATION OF CLAIMS OF SUBSCRIBER.
7.1. In case of non-fulfillment or improper fulfillment of obligations for the provision of services, the Subscriber submits a claim to the Operator.
7.2. The claim is submitted via online chat to an employee of Operator in a scanned format of a written request and is subject to registration in accordance with the procedure established by the Operator.
7.3. Claims related to non-provision, untimely or low-quality provision of communication services are accepted within 6 (six) months from the date of provision of such service.
7.4. Written responses to claims must be given within 15 (fifteen) days and/or within one month through an exchange of e-mails or online chat of Operator with a scanned version of the written notification attached, if additional study of the materials is required, from the date of registration by the Operator in accordance with clause 7.2. of this public offer.
7.5. In case of disagreements arising from the use of services by third parties through unauthorized access to the Network, a technical investigation should be carried out in accordance with the established procedure to determine the ownership of the completed transactions.
8. RESPONSIBILITY OF THE PARTIES.
8.1. Operator is liable to the Subscriber for non-fulfillment or improper fulfillment of contractual obligations, the declared quality of the provision of telecommunication services, violation of the terms for their provision and the deadlines for eliminating shortcomings, unreliability of information about telecommunication services and about provider of these services in the manner and in the amount prescribed for by the legislation of the Republic of Uzbekistan or this Agreement.
8.2. In case of loss, theft or in other cases where the Subscriber does not have access to his/her SIM/eSIM card, the Subscriber is liable to pay for the payments rendered by Operator related to the use of the SIM/eSIM card, until the Operator receives from Subscriber a written application to terminate the service of this SIM/eSIM card.
8.3. The Operator shall not be liable to the Subscriber for indirect losses and lost of profits.
8.4. The Operator bears the responsibility provided for by the current legislation for violation of the procedure for using information about the personal data of Subscribers.
8.5. The subscriber bears administrative and criminal liability, in accordance with the legislation of the Republic of Uzbekistan, in the event of: 1) illegal (unauthorized) access to telecommunication networks for the purpose of using it and passing international traffic by passing established protection systems, as well as storing and creating conditions for the operation of special software or hardware designed for these purposes; 2) manufacturing for the purpose of sale or/and distribution of special software or hardware to obtain illegal (unauthorized) access to secured computer system, as well as to telecommunication networks; 3) transferring SIM/eSIM card to third parties for the purposes specified in this clause of the Agreement.
9. FORCE MAJOR.
9.1. For the purposes of this Agreement, “Force Majeure” means any event that the Party claiming Force Majeure is unable to prevent, overcome or limit despite all reasonable efforts, including, but not limited to, war, riots, strikes, decisions of public authorities, embargoes, fires, explosions, floods or other natural disasters, regardless of whether this event occurred in the Republic of Uzbekistan or outside it; provided, however, that the absence or shortage of money is not Force Majeure.
9.2. Upon the occurrence of any Force Majeure Event, the Party whose performance of any obligation (other than an obligation to pay money) under this Agreement is affected by such Force Majeure Event (the “Affected Party”) will promptly notify the other Party in writing of the existence of the Force Majeure Event. circumstances (“Force Majeure Notice”), take all necessary measures to mitigate the loss and damage to the other Party and to restore the ability of the Affected Party to fulfill its obligations under this Agreement. The Force Majeure Notice must (a) identify the Force Majeure event, (c) describe in reasonable detail its effect on the Affected Party's ability to perform its obligations, and (c) describe the measures taken by that Party to mitigate loss or damage to the other Party and to restore the ability of the Affected Party to fulfill its obligations under this Agreement.
9.3. Failure to notify or untimely notification of emergency circumstances that have occurred deprives the relevant Party of the right to refer to any of them as a basis for relieving it from liability for failure to fulfill contractual obligations.
9.4. If, due to Force Majeure, any of the Parties delays the fulfillment of its obligations under this Agreement, the period of such delay will not be taken into account when calculating the time limits provided for by this Agreement, and such Party will be excused for the late fulfillment of its obligations under the Agreement to the extent of non-fulfillment, caused by the circumstance of Force majeure, provided, however, that if either Party is unable to perform any of its obligations due to Force Majeure within sixty (60) days following the transmission of the Force Majeure Notice, the parties shall immediately consult to determine consequences of this circumstance Force Majeure and take, depending on the circumstances, the appropriate measures necessary, at the discretion of the Parties. If the Parties do not reach an agreement on mutually acceptable measures within ninety (90) days from the date of delivery of the Force Majeure Notice, either Party may terminate this Agreement.
10. TERM OF THE CONTRACT.
10.1. The validity period of this Agreement is established for Subscribers - Individuals from the date of acceptance of the Offer (clause 2.1.) and is valid:
- within 24 hours for the Subscriber to make an advance payment for the selected Tariff plan and the Operator's services. If the Subscriber fails to carry out the payment transaction within the specified period, the Agreement is considered not concluded.
- when Subscriber makes the first transaction to pay for the selected Tariff plan and other services of the Operator, the agreement is considered concluded and is valid until the Parties fulfill their obligations under this Agreement or terminate it.
11. MISCELLANEOUS.
11.1. The Operator is not responsible for the deterioration of the quality of communication or for its termination if such deterioration or termination was the result of natural conditions for the diffusion and overlaying of radio waves, the Subscriber being near or inside buildings, in tunnels, basements and other underground structures; local features of the relief and development; technical characteristics and condition of the equipment of operators of local wired telephone lines and operators of international and long-distance communications, meteorological conditions and other reasons that the Operator is unable to influence or foresee.
11.2. Due to the design features of the network, the radiotelephone communication provided to the subscriber depends on the quality of the equipment of the operators of local wired telephone lines, the equipment of the operators of international and long-distance communications, which is beyond the competence of the operator.
11.3. Operator is not responsible for non-presentation or untimely provision, content and quality of content sent through the Operator's network by third parties on the basis of the Subscriber's order.
11.4. All disputes and disagreements on issues related to the provision of communication services are resolved by the parties in accordance with the current legislation of the Republic of Uzbekistan and the terms of this Agreement. Disputes on which parties do not reach an agreement are subject to consideration in the judicial bodies of the Republic of Uzbekistan.
11.5. If Subscriber does not receive the information distributed by Operator in the manner provided for in clause 3.1. and clause 3.2. of this Offer, information about changes in tariffs, as well as in case of non-receipt of invoices for reasons beyond the control of Operator, Operator is not responsible for their non-receipt and does not accept claims in this regard.
11.6. Additional information about the communication services provided by the Operator in accordance with the terms of this Agreement is available in the OQ mobile application, is posted by Operator in the media and on the official website of the Operator.
11.7. All messages, notifications related to the implementation of this Agreement or arising from it are sent by the parties to each other at the mail delivery addresses specified in the Agreement or, as agreed by the parties, in electronic format via electronic chat. This Offer and all appendices to it, which are its integral parts, are drawn up in Russian and translated into Uzbek. This English translation of Offer is for information only and to facilitate understanding. In the event of a dispute regarding the interpretation of any provisions of this Offer, the Russian version will prevail.
12. DETAILS AND CONTACTS.
"Unitel" LLC, Address: Republic of Uzbekistan, 100047, Tashkent, Mirabad district, st. Bukhoro, 1.
2020 - short number for OQ users to contact support
+99820 002 2020 - number for other operators to contact support
Website: www.oq.uz