Public contract (offer) on the provision ofmobile (cellular) communication services
1. Subject of the Contract:
1.1. This Contract is a public contract (offer) to any legal or natural person (hereinafter referred to
as SUBSCRIBER) from the enterprise OÜ TEZTELECOM (hereinafter referred to as PROVIDER) on the provision
of mobile (cellular) radio communication services according to the GSM standard and in accordance with
the licenses, issued by the Estonian Technical Surveillance Authority, through roaming service with
other providers / operators using the SIM-card issued by the PROVIDER (hereinafter referred to as
1.2. The subject of the agreement is to provide the SUBSCRIBER with mobile (cellular) radio communication
services according to the GSM standard (hereinafter referred to as Services), in accordance with the
Rates and Terms of Service, which are an integral part of the present Contract.
1.3. The Rates and Terms of Service constitute official documents of the PROVIDER, shall be published and
updated on the official website of the PROVIDER (www.tezgsm.com), and are mandatory for the SUBSCRIBER
according to this Contract.
2. Obligations of the parties:
2.1. The PROVIDER undertakes:
2.1.1. to provide Services to the SUBSCRIBER in accordance with theContract, Rates and Terms of
2.1.2. to timely alert the SUBSCRIBER about changes in the Contract, Terms of Service and RATES by
publishing information about the changes on the official website of the PROVIDER (www.tezgsm.com), at
least 7 days before their entry into force.
2.1.3. In case of disagreement with the new version of the same document the SUBSCRIBER is entitled to
terminate use of the Service in accordance with clause 6.1 of the Contract.
2.2. The SUBSCRIBER shall:
2.2.1. comply with the terms of this Contract and Terms of Service.
2.2.2. not disclose to third parties the Personal Identification Number (hereinafter referred as
PIN-CODE), being an individual password to access the Service, except for the cases specified in the
2.2.3. read and understand information about the changes in the Contract, Rates and Terms of Service, as
well as other technological and organizational changes posted on the official website of the PROVIDER
3. Validity of the contract:
3.1. The Contract between the PROVIDER and the SUBSCRUBER is deemed to be concluded from the instant when
the SUBSCRIBER has purchased the PHONECARD from an authorized distributor of the PROVIDER. Acquisition
of a PHONECARD indicates the complete and unconditional acceptance of the terms and conditions of this
Contract by the SUBSCRIBER. The Contract enters into force from the moment of activation of the
3.2. PHONECARDS are distributed through authorized distributors of the PROVIDER, which have the right to
distribute and sell PHONECARDS on their own behalf to end users. Distributors have the right to involve
third persons in this process. In accordance with agreements concluded with distributors and with
applicable laws communication Services received in the location of the distributors may be restricted,
about which the distributors are obliged to provide information to the SUBSCRIBERS before they purchase
3.3. The distributors have the right to distribute PHONECARDS under their own trademarks. Distributors
are the official representatives of the PROVIDER to receive payments for the Communication Services
provided by the PROVIDER to the SUBSCRIBERS.
3.4. This Contract is concluded for an indefinite period and is effective until terminated in accordance
with section 6 of the present Contract.
4. Cost of services and payment procedure:
4.1. The cost of services is determined in accordance with applicable Rates.
4.2. The procedure of payment for the Services provided by the PROVIDER shall be set in the agreements
between the authorized distributors of the PROVIDER and the SUBSCRIBER.
4.3. Disputes between distributors and SUBSCRIBERS regarding payment for services shall be settled in the
courts of law of the country of residence of the distributor.
4.4. The PROVIDER reserves the right to calculate voice minutes, SMS messages and Internet traffic
according their own calculation and rounding schemes (with two digits (hundredths of a whole number)
after the decimal point and more).
5.1. The PROVIDER provides the Service “as is”, i.e. in the form, volume, at such price and with such
quality, as available at the instant of providing.
5.2. The PROVIDER shall make every effort to ensure quality and absence of interruption in Services
provided, but the PROVIDER shall not be liable for any direct or indirect damages caused to the
SUBSCRIBER by the use or inability to use the Service due to the fact that the Services are provided
through third parties (operators and service providers) when roaming.
6. Termination of the Contract:
6.1. The SUBSCRIBER is entitled to unilateral termination of the Contract.
6.2. If the SUBSCRIBER violates the terms of this Contract or Terms of Service, the PROVIDER has the
right to terminate the Contract unilaterally.
6.3. Upon termination of the Contract no refund of unused money from the subscriber’s account or
reimbursement of the cost of the PHONECARD shall be made.
7. Other conditions:
7.1. Should the SUBSCRIBER’s account, opened by the PROVIDER, be lacking money, provision of Services
under this Contract shall be suspended until the money is paid to the subscriber’s account.
7.2. The PROVIDER has the right to unilaterally make changes and additions to the Contract, Rates and
Terms of Service. The new edition of documents shall enter into force after 7 days from the date of
publication on the official website of the PROVIDER (www.tezgsm.com).
7.3. In case of absence for a specified period of a written statement by the SUBSCRIBER concerning
unilateral renunciation of the Contract, the new edition documents is deemed to be accepted by the
7.4. The PROVIDER shall not be liable for damages of any kind incurred by the SUBSCRIBER due to
disclosure of the PIN-CODE of the PHONECARD by the SUBSCRIBER. Cost of all connections incurred using
the PIN-CODE shall be charged from the SUBSCRIBER’s account unconditionally.
7.5. This Contract sets a limit to the period of validity of the PHONECARD of 18 months since its
activation (when use of it was started). After this period the PHONECARD shall be canceled, the unused
funds in the SUBSCRIBER’s account of the PHONECARD shall not be reimbursed.
7.6. In case of unjustified charging to the SUBSCRIBER’s account, which occurred for reasons of incorrect
billing system or other error on the part of the PROVIDER, the PROVIDER shall return the wrongly debited
funds to the SUBSCRIBER’s account within three days from the detection of this mistake. In these
matters, the SUBSCRIBER must contact the authorized distributor, which in its turn shall file this claim
with the PROVIDER.
7.7. The PROVIDER shall provide on the SUBSCRIBER’s demand a report on the services provided within 5
days from the receipt of the demand by the PROVIDER. Authorized distributors of the PROVIDER shall
deliver the report to the SUBSCRIBER as a statement on the Services provided, based on the data from the
billing system of the PROVIDER.
8. Completeness of the Contract:
8.1. This Contract supersedes any other prior agreement, settlements, written and oral agreements,
relating to the subject matter of this Contract.
8.2. All disputes, disagreements or claims, arising out of this Contract or related to it, including
those relating to its conclusion, execution, violation, termination or invalidity, shall be settled at
the location of the PROVIDER in accordance with Estonian law .
9. The address and details of the PROVIDER:
TEZTELECOM OÜ Reg. Nr. 11518674 VAT: EE101255110 Address: Hobujaama 10-10, Tallinn, Estonia, 10151