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Riiing
Riiing - GTC - General Terms of Conditions
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GTC - General Terms of Conditions
1 General
1.1 Any pre-contractual and contractual relations between United Mobile and the Customer will be governed by the present General Terms & Conditions, unless and in as far as explicitly otherwise agreed in writing between parties concerned. The Customer acknowledges that he has been informed of and agrees with these General Terms & Conditions.
2 Scope and Duration
2.1 In accordance with this Agreement, Customer shall be entitled to use the SIM Card and the call balances technology offered by United Mobile.
2.2 Customer agrees to be bound by this present General Terms and Conditions upon Customer's purchase of the necessary elements to obtain the Services of United Mobile. Customer acknowledges that his attention has been duly brought to the fact that same purchase foreseeing the use of United Mobile's Services and the forthcoming usage of United Mobile's Service duly entail the application of this General Terms and Conditions. Customer is in agreement with such application.
2.3 The Service begins when the Service is operationally available for Customer's use (Brought into Service Date / "BIS").
2.4 This Agreement shall remain in force for a minimum period of nine (9) months and shall be automatically renewed for an indefinite period.
2.5 Either Party may terminate this Agreement, for the term of the minimum period by providing a minimum of thirty (30) days writing notice prior such term, or thereafter, whenever by providing thirty (30) days prior notice.
2.6 In case Customer does not use the SIM Card or the call balance components over a period of nine (9) months, United Mobile is entitled to invalidate the SIM Card or components without prior notice and without compensation payable to Customer.
3 Obligations of the Customer
3.1 The Customer shall ensure to use the services and products lawfully and in compliance with these general terms and conditions and other contractual documents duly integrated to the contract. The Customer is furthermore responsible to pay for the use of the service.
3.2 The Customer shall be responsible for its own end material (such as, but not limited to: handsets), its proper configuration and installation, in compliance with any regulations and applicable instructions issued either by United Mobile or by the producer of such end material. The preparation activities for installation of the Service, including but not limited to preparing and inserting interface cards, setting adequate protocols, as well as all relevant activities in support of the implementation of the Service shall remain under the responsibility of the Customer. United Mobile does not provide any investments protection or guarantee. Additionally, the Customer is required to co-operate and to duly comply with United Mobile established Protocols and related appropriate Processes necessary for the installation and the provision of the service; these Protocols and Processes shall be prescribed and published on United Mobile's Web Site; such as, but not limited to, the use of duly pre-tested material.
3.3 The Customer is solely responsible for the access to United Mobile's services, which he has been granted and any such use of his access by a third party. His liability covers his obligations to pay for any other product and services he and/or third party may have obtained or ordered using United Mobile Services.
3.4 The Customer must comply with all reasonable security procedures and standards with respect to the Service. United Mobile may communicate security issues to the Customer from time to time when abuse or misuse is observed or reported by others.
3.5 The Customer agrees to use the Service in accordance with any United Mobile's recommendations and acceptable use policy published at: http://www.united-mobile.com.
4 Equipment and Software
4.1 United Mobile provides the necessary components required for implementing the service and adequate standing instructions which shall be published on United Mobile Web Site. The components delivered shall remain the property of United Mobile and shall not be altered by the Customer. The standing instructions may be modified at any time by United Mobile.
5 Obligations of United Mobile
5.1 United Mobile shall provides the Customer with national and international telecommunications services. The services use enhanced and state-of-the-art technology and are based on international standards and recommendations.
5.2 United Mobile will use reasonable endeavors to meet the service objectives as specified in the Service Description as may be described on United Mobile's Web Site
5.3 United Mobile shall use reasonable efforts to operate and maintain the service, contingent upon United Mobile's and/or United Mobile's service provider's ability to maintain necessary licenses or permissions, or United Mobile's and or United Mobile service provider's network capacity and connection availability.
5.4 United Mobile has no obligation to monitor the Service; however, United Mobile may monitor the Service and disclose information gained from such monitoring in order to satisfy any law, regulation or other governmental request, to operate the service and administer United Mobile's service, or to protect itself or its other customers.
6 Content, Use and Conformity with Laws and Regulations
6.1 The Customer is solely responsible for the content of information and communications transmitted using the Services.
6.2 The Customer shall not use the Service or permit any use of the Service which is illegal, unlawful, or harassing, which infringes upon the intellectual property rights of third parties, or which otherwise constitutes network abuse, and the Customer shall be responsible for any such misuse of the Service. The Customer shall indemnify United Mobile against all liabilities.
6.3 The Customer warrants that it shall comply with any laws, regulations or conventions relating to consumer protection which may be applicable to the use of the Service and with any public policy related laws, which may be applicable to the use of the Service by third parties (such as privacy laws and laws relating to defamation, libel and decency with respect to the content of the communications transmitted using the Service).
6.4 The Customer acknowledges that a breach of the obligations and/or warranties in clauses 6.1, 6.2 and 6.3 could lead to a disruption in the provision of the Service by United Mobile and possible infringement of (supra-) national (telecommunications) legislation. In the event of such breach and notification thereof, United Mobile shall be entitled without incurring any liability to the Customer to suspend the performance of its obligations under the Agreement, until the breach has been remedied and in addition shall be entitled to exercise its rights of termination under this Agreement.
7 Telephone Number; SIM Card
7.1 Any and all rights attached to the telephone number attributed to Customer by United Mobile remain vested in United Mobile. Accordingly, United Mobile may change, withdraw or otherwise alter such telephone number or any other address-element at its discretion, without damages payable to Customer, should any technical, commercial reason as well as any applicable regulations so require.
7.2 The SIM Card remains the property of United Mobile, which preserves the rights to alter and develop its content as well as claiming its return.
8 Price list and Charges
8.1 The Customer agrees to pay all applicable charges for the Service in accordance with the applicable Price List. In particular, Customer agrees with such charges being directly deducted from his prepaid value card.
8.2 The applicable prices that apply shall be the ones duly published on the United Mobile Web Site.
8.3 United Mobile reserves its rights to increase the applicable charges at any time. United Mobile shall give seven (7) days prior notice by publishing and evidencing the increased service on its Website.
8.4 The Prices shall be quoted in Euro and shall be inclusive of value-added tax and any other similar sales taxes, duties or levies imposed by any authority, government or governmental agency.
8.5 United Mobile shall keep the records of services provided to Customer for a three (3) months period
8.6 The charges applied by United Mobile shall be deemed to be correct if they duly reflect the technical records registered and if these records are originated by a correctly programmed system. Customer is entitled to obtain an extract of the records of Services, provided Customer submits a written (either via letter, fax or email) request within forty-five (45) days after the disputed occurrence.
8.7 The extract of records shall be timely provided upon prepayment of the relevant fee in the amount of thirty (30) Euros. In case same records evidence that charges have been applied incorrectly by United Mobile, the above referred fees shall be reimbursed and the indue charged amount shall be credited to the Customer.
9 Invoicing and Terms of Payment
9.1 United Mobile provides Services on a prepayment basis. Should any payment remain to be paid, the Customer shall remit such amount within seven (7) days from United Mobile's request. In case of lack of payment without the above period of time, United Mobile may immediately suspend the services.
10 Terms of Payment
10.1 Payment shall be considered as effected when United Mobile receives the applicable funds for the full amount due in its bank account.
11 Suspension
11.1 United Mobile may, whether or not terminating this agreement, immediately suspend all or part of the Services it provides until further notice if:
(i) it is obliged to comply with an order, instruction or request of Government, or emergency services organization, or other competent administrative authority; or
(ii) it needs to carry out work related to exceptional upgrading or maintenance of its facilities where those facilities must cease operation at or about the time; or
(iii) the Customer fails to comply with payment obligations, including any late fees.
(iv) in order to prevent damage or degradation of United Mobile's contracting party's network integrity which may be caused by the Customer or anyone using Customer's access; or
(v) for a violation of United Mobile's acceptable use policy or for other behavior that in United Mobile's reasonable discretion may be deemed to be illegal; or
(vi) in order to protect United Mobile, at its sole discretion, from legal liability which relates to a breach of obligation and/or warranties by Customer.
12 Warranty and Limitation of Liability
12.1 The Service is provided on an "as is" and "as available" basis and there is no warranty that the Services are or will be free of faults. In the event of a fault, the Party whose facilities are responsible for the fault, shall, upon becoming aware of the fault or upon receipt of notice of the existence of such a fault from the other Party, use its reasonable efforts to promptly correct the fault in accordance with standard engineering practices recognized in the industry.
12.2 United Mobile makes no express or implied warranties, representations or endorsements regarding any merchandise, information, products or services provided. It is known to the Customer that according to the current standings of technology an entire fault free service cannot be guaranteed, and that within national and international telecommunications networks faults and errors cannot be excluded.
12.3 Except for gross negligence and intent, United Mobile shall not be liable to the Customers and/or its customers for any direct or indirect loss or damage (including economic losses or any loss of profit) arising out of or in connection with the performance of its obligations under this Agreement.
12.4 Under no circumstances shall United Mobile be liable for any direct, indirect or consequential damages, including but not limited to damages that result from the Customer's use of or inability to use any part of the Services or the Customers' reliance on or use of information, services merchandise provided on or through the Service or damages that result from mistakes, omissions, interruptions, loss, theft, or deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance.
13 Force Majeure
13.1 Neither party can be held liable for whatever damage incurred by the other party in case the party concerned should not comply with its commitments in connection with the present agreement due to a situation of force majeure.
13.2 Are regarded as force majeure, unexpected circumstances in relation with persons and/or material used or normally used by United Mobile concerned to carry out the present agreement, and which are of such a nature that execution of the present agreement becomes impossible, or burdened and/or disproportionately expensive that punctual compliance with the present agreement cannot reasonably be expected from United Mobile. Are also regarded as force majeure any events belong United Mobile's reasonable control. United Mobile will not be responsible for loss or damage suffered by Customer as a result of United Mobile's failure to perform its obligations under this Agreement due to Force Majeure.
13.3 Will be regarded as force majeure, without this list being limited, strikes, company blockades, epidemics, natural disaster and legal or administrative restrictions.
13.4 Should the Force Majeure event exceed a 3 (three) month period the Agreement may be terminated with immediate effect.
14 Intellectual Property
14.1 United Mobile will grant the Customer a personal and non-exclusive license to use any of the software and documentation regarding the service supplied by United Mobile during the present agreement. United Mobile and its licensors, if any, will always possess the rights, property rights and interests in and in relation with the supplied software and documentation, including any intellectual property rights related thereto.
15 Data Protection
15.1 United Mobile shall comply with the applicable law as to the protection of data. In particular, United Mobile shall keep, save and operate only the data necessary to the proper performance of this Agreement, i.e. the proper service to Customer, the development of the quality of its services, the security of its service and of the infrastructure. Customers hereby expressly grant such rights to United Mobile and agree to the above.
16 Modification of this Agreement
16.1 United Mobile expressly reserves its rights to modify, at any time, parameters of its services as well as the present General Terms and Conditions, to implement new technology and offer additional services or reduce the range of services offered.
16.2 Customer shall be given notice of such changes, modifications, variations in due manner. Customer agrees that an appropriate publication on United Mobile Web Site is an acceptable notice.
16.3 In case of changes, modifications, variations, Customers shall have the right to terminate the contract prior the entry into force of such changes, modifications, variations.
17 Governing Law & Language
17.1 This Agreement shall be governed by, construed and enforced in accordance with the laws of Switzerland and the parties shall submit disputes in connection with this Agreement to the exclusive jurisdiction of the courts of Zurich. Any complusory jurisdisction remains reserved.
17.2 The Agreement has been executed in the English language, which language shall be controlling in all respects. No translation, if any, of the Agreement into any other language shall be of any force or effect in the interpretation of the Agreement or in the determination of the intent of either of the Parties.
18 Miscellaneous
18.1 Failure by either party to enforce any of its rights under this Agreement shall not be taken as or deemed to be a waiver of that right nor shall it deprive that party of the right to insist on adherence to that term at some other time.
18.2 United Mobile remains free to assign rights and duties contained in this Agreement to a third party.
18.3 The Agreement supersedes any and all other agreements, oral or written, between the Parties with respect to the subject matter hereof. Both Parties acknowledge that they have not entered into the Agreement in reliance on any representation made but not embodied in the Agreement.
18.4 The Parties agree that any terms or conditions in this Agreement which might be ruled by any competent authority as illegal, void, unenforceable or invalid shall be replaced by terms and conditions expressing the stipulations as close as possible to the original terms and conditions by only removing the existing obstacle.
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