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Terms of relationship between "Max Telecom Ltd" and subscribers and users of voice telephony services provided through public electronic communications network of "Max Telecom" Ltd
1. General
1.1. With these Terms are defined relationship of "Max Telecom" Ltd, hereinafter referred to as "Max Telecom", with headquarters in the city of Sofia, "Metodi Popov" 24 And, having the right to provide voice telephony service through "Individual License № 117a-03358 / 25.01.2007 on carrying out telecommunications through public telecommunications network of fixed service of type" point to multipoint ", hereinafter license, with subscribers and users of public electronic communications network the "Max Telecom", hereinafter referred to as web, regarding the provision and use of services of this network in Bulgaria.
The main terms used in these Terms shall have the following meanings:
1.2. Public electronic communications network of Max Telecom network or a combination of transmission and switching equipment and other resources of Max Telecom, which enable the provision of voice communications services through fixed radio of the type "point to multipoint" for an unlimited number of users, commercial manner.
1.3. Telephone service or services means public electronic communications service for direct transfer aloud and sound in real time through a public electronic communications network of Max Telecom and networks of partners, providing an opportunity for national and international calls and calls to mobile networks and access to emergency services through a number / s provided by the "Max Telecom" numbering plan.
1.4. Subscriber network for the purposes of these Terms is every able-bodied resident natural or legal person, public authority, registered trade representation offices of foreign countries, international organization or mission operating in the Republic of Bulgaria under an international agreement contract with Max Telecom to provide network access and provision of electronic communications services.
1.5. Web users under these Terms are any natural or legal person, including subscriber who uses or declares the use of public electronic communications service provided over a network.
1.6. Subscription is selected by the subscriber service package, which he signed a contract with Max Telecom, against payment of a monthly price.
1.7. Device, pursuant to these Terms and Conditions e device provided to Subscriber by Max Telecom to use or purchase by which to contact the network with the purpose of outgoing and incoming voice calls.
1.8.1. Subscribers certify acceptance of the Terms of the signing of service contracts.
1.8.2. Network users shall be informed of these Terms of the date of publication, as these come into force for them to start using the service.
1.9. Conditions other than those provided in these Terms may be negotiated in the contract for services between Max and Telecom Subscriber or additional written agreements thereto, subject to the Electronic Communications Act, license and applicable general requirements for the activity.
1.10. Terms are an integral part of individual service contracts concluded between Max Telecom and its customers.
2. INDIVIDUAL INSURANCE CONTRACT FOR NETWORK ACCESS AND PROVISION OF SERVICES
2.1. Max Telecom signed by persons wishing to use services provided by its network, an individual written contract to provide network access and service through it, hereinafter referred to as Service Contract.
2.2. With the inclusion of Subscriber to network Max Telecom provides its services described in the Service Contract and the annexes thereto and in accordance with the technological capabilities of the network.
2.3. Service contract is concluded for an indefinite period which may not be less than 1 / one / month, unless it otherwise.
2.3.1. With a non-resident, temporary resident of the Republic of Bulgaria, Max Telecom may contract for services within 1 / one / month, after payment of deposit, securing the use of devices and services.
2.4. A contract with a subscriber may provide more than one number from the Web.
2.5. By signing the individual contract service subscriber understands and agrees that service can sometimes be unavailable for reasons beyond the control of Max Telecom.
2.6. In a contract for services the subscriber is obliged to provide services required by Max Telecom credentials and to provide, upon request, documentation certifying the accuracy of these data.
2.7. Upon conclusion of the service subscriber is identified as follows:
2.7.1. for individuals Bulgarian citizens - with a valid identity document listed with name, ID number, permanent address in Bulgaria, number, place and date of issue, to non-permanent or long-term residents of the Republic of Bulgaria - with identity document with a remaining validity of not less than 3 (three) months, with registered name ENCH, number, date and place of issuance of the permanent address within the Republic of Bulgaria to foreigners temporarily residing in Republic of Bulgaria - a valid identity document (passport), Social Security number and the address of residence in Bulgaria;
2.7.2. for legal entities (legal entity) and sole traders (ET) - a decision for court registration and certificate of good standing issued no earlier than 3 months before submitting his registration certificate BULSTAT / IC VAT-ID of representative or a person authorized by him to sign service contracts;
2.7.3. for government bodies, registered trade representation offices of foreign countries, international organizations and missions operating in the Republic of Bulgaria under an international agreement - the act of a competent local or international body to create them and for their members - t.2.7.1 documents. or instrument of employment / affiliation with the referred period of residence.
2.8. For change of registration data and / or other circumstances t.2.7. The subscriber is obliged to notify Max Telecom in the short term, but not later than 30 days of occurrence.
2.9. Max Telecom has the right to require the Subscriber and other documents necessary for the conclusion of the services and data necessary for issuing monthly invoices for services used by Subscriber, subject to the provisions of the Bulgarian legislation and these Terms.
2.10. Subscriber may not assign its rights and obligations arising from an individual contract for services to third parties without the express written consent of Max Telecom
2.11. In the event that the subscriber provide for the use of another person - users registered in his name number from web on a contract for services with Max Telecom subscriber remains the holder of the rights and obligations arising from contracts for services and is responsible for the actions of users as its own.
2.12. Changes in the individual contract for services may be made only with the expressed written consent of the parties.
2.13. Max Telecom has written entitled to authorize third parties to conclude contracts on behalf of service to persons wishing to become subscribers of its network and to collect payments from subscribers on contracts for services on its behalf by appropriately inform existing and their potential subscribers of the existence of such authorization.
3. SERVICES PROVIDED BY MAX TELECOM
3.1. Max Telecom provides service to its subscribers and users 24 hours a day, 7 days a week, and 365 days a year, according to the technological capabilities of the network.
3.2. Service provided by Max Telecom to its subscribers / users includes one or more of the following services:
3.2.1. Voice telephone services, where customer / user receives a number / s from the numbering plan of Max Telecom, enable it to carry phone calls / incoming and outgoing calls /. The numbers from the numbering plan of Max Telecom is available and used in accordance with the following rules:
3.2.1.1. Subscribers / users do not acquire ownership of allocated numbers;
3.2.1.2. The numbers may not be the subject of marketing;
3.2.1.3. The numbers can be changed by Max Telecom as a result of legislative changes or changes in organization and structure of the network and providing services;
3.2.1.4. The numbers can not be used by the subscribers / users to provide value added services, unless it is expressly agreed in writing with Max Telecom;
3.2.1.5. After termination of the services Max Telecom has the right to grant released their number to another subscriber / user.
3.2.2. Free access to services for emergency calls to the "Emergency medical care," National Service "Police" and National Service "Fire Safety and Civil Protection" and the single European emergency number 112 in the termination of the individual contract following the procedure provided therein or in these Terms, and access to these numbers is guaranteed subscriber / user in case a temporary limited outgoing calls, due to unpaid amounts due by the latter.
3.2.3. Access 24 hours a day, 7 days a week to directory services relating to subscriber numbers, codes for automatic dialing domestic and international, prices and other background information related to services offered by Max Telecom services. Access to directory services of Max Telecom is free and is done by a certain number of the Center for Customer Service, after appropriate legitimacy of the subscriber / user.
3.2.4. Access to value-added services.
3.2.5. International electronic communications services.
3.2.6. Data Transferring.
3.2.7. Other electronic communications services whose scope can be expanded according to the technological capabilities of the network and trade policies of Max Telecom, such as:
3.2.7.1. Presentation of the calling line identification (CLIP)
3.2.7.2. Restricting Calling Line ID (CLIR)
3.2.7.3. Presentation of the connected line identification (COLP)
3.2.7.4. Limiting the connected line identification (COLR)
3.2.7.5. Call hold (Call Hold)
3.2.7.6. Call Waiting "(Call Waiting)
3.2.7. Call forwarding (Call Forward)
3.2.7.8.Konferenten Call (Conference Call)
3.2.7.9.Otkazvane of receiving incoming calls (Do not Disturb)
3.2.7.10. Completion of call to busy subscriber (Call Completion on Busy Subscribers)
3.2.7.11. Anonymous call rejection (Anonymous Call Rejection)
3.2.7.12. Voicemail (Voice Call)
3.2.8. Max Telecom will provide more information on additional voice services and the applicable codes to activate them on its website - http://www.maxtelecom.bg
3.3. The specific choice of the package of services is determined by the subscriber and is reflected in the Service Contract.
3.4. Max Telecom provides free to its subscribers a monthly itemized statement for the use of these services with tax invoice, as well as access to electronic information on their monthly bills.
3.5. In the provision by the Max Telecom the opportunity to network access and use of its services by buying a prepaid package of services, these Terms will apply to users of prepaid services. The volume of services to be provided to consumers who purchased a prepaid package will be determined according to the WiMax standards and technological capabilities of the Network and will be listed in the prepaid envelope attached to a set of documents regulating the order and manner of its use.
3.6. Max Telecom subscribers, upon signing the contract for services received from Max Telecom Device for use as an integral part of the package to install the service, which remains the property of Max Telecom.
3.6.1. Application for Construction and contract services for a package of services can be made from a distance, electronically, so referred to the website of Max Telecom http://www.maxtelecom.bg and subject to Terms of Max Telecom for sale from a distance.
3.7. Subscribers / users are required to connect the device to use only terminals assessed compliance and marketed under the Ordinance on the essential requirements and conformity assessment of radio equipment and telecommunications terminal equipment (promulgated br.79 of 2002, force since 12.09.2002 years).
3.8. Max Telecom provides special packages of services to people with permanent disability above 70% after signing a contract for services and presentation of the document certifying state.
4. QUALITY OF SERVICES
4.1. Max Telecom is obliged to make the initial connection to the subscriber / user to the network within 48 hours of signing the contract for services, respectively, of the request for service activation.
4.2. Max Telecom will maintain a quality network, providing:
a) probability of successfully establishing a connection in an area with network coverage - more than 90%;
b) unsuccessful calls due to overload or damage to the network - less than 5%.
4.3. Max Telecom provides voice quality telephone service with the following parameters:
a) factor in assessing the transmission aloud-R is not less than 70%;
b) One-way delay is not greater than 150 ms.
5. RIGHTS OF SUBSCRIBER / USER
5.1. The subscriber / user have the right to request and use network services in compliance with these Terms and the Service Contract.
5.2. The subscriber has the right to change your subscription, to declare and use additional services and / or to withdraw from some services offered by Max Telecom.
5.3. The subscriber / user may submit complaints, requests and suggestions to Max Telecom and receive written responses to them, within no later than one month of receipt.
5.4. The subscriber / user may address complaints to the Commission for Communications Regulation relating to the services of Max Telecom regarding non Terms and failing Max Telecom's obligations arising from the Electronic Communications Act.
5.5. The subscriber may request a number change or request submitted by Max Telecom number, provided that the desired number of it is free and available technology. Service is paid according to the prices specified in price lists of Max Telecom.
5.6. The subscriber is entitled, after explicit written request to not receive itemized monthly statement for the use of its services.
5.7. The subscriber is entitled to request in writing to suspend network access and use of services for a period not less than one month and not longer than six months. The subscriber can take advantage of this right, after payment of all outstanding amounts at the Max Telecom. The price for the re-activation of services is determined according to Price List of Max Telecom. After the end of its term of Subscriber Max Telecom has the right to terminate the contract for services with the subscriber, if not received by the last request to reactivate the service. Suspension of network access and use of services can not be used by subscribers, signed a term contract for a package of services under contract or in promotional terms.
5.8. The subscriber is entitled to free, explicit and in writing its willingness to his data, in whole or in part, to be included in the telephone directory issued by Max Telecom produced in printed or electronic form, or other publicly accessible directory, issued by a third party in printed or electronic form. The subscriber is entitled to request inspection, repair or delete all or part of the data included or incorporated, or asks in the phone book to include additional information for other persons using jointly the line if they have prior written consent. Subscriber data is deleted or modified when a new or updated telephone directory.
5.9. The subscriber is entitled to recover the Service after payment of all obligations of Max Telecom.
6. OBLIGATIONS OF SUBSCRIBER / USER
6.1. The subscriber / user agree to comply with the provisions of these Terms.
6.2. The subscriber undertakes to comply with the provisions of individual contracts for services, and any additional agreements between him and Max Telecom.
6.3. The subscriber shall pay, within the time period in Max Telecom t.11.9. Of these Terms, amounts due for services rendered in accordance with the general conditions of service and price list of Max Telecom. In late payment subscriber owes statutory interest on arrears on the appropriate amount due.
6.4. The subscriber shall pay the amounts due within the time period in Max Telecom t.11.9 in the event that the Service is suspended due to culpable breach of the Terms or the Service Contract by the subscriber / user. Max Telecom can resume or not resume use of the Service. In the event of resumed service fee will be charged for reconnection to the network.
6.5. The subscriber / user agree to connect the device and use only terminal assessed compliance and marketed under the current regulations. If the subscriber / user use the web faulty terminal or which do not meet the requirements of applicable law and this causes interference in the operation of the web, he is responsible for damage caused to the Max Telecom and / or third parties.
6.6. The subscriber / user agrees to use provided by Max Telecom Equipment only in accordance with their purpose and subject to manufacturer's instructions, in a way that does not cause disruption of the network, its integrity and / or hinder the provision of Max Telecom services from third parties, subject to the requirements for quality of service.
6.7. The subscriber / user agree not to make any changes to the device and do not include attachments thereto, which are not authorized by Max Telecom, which violate the machine configuration. Max Telecom reserves the right to immediately terminate the contract for services with the subscriber, when establishing unauthorized access device configurations.
6.8. The subscriber undertakes to notify Max Telecom in the short term, but not later than 30 days of any changes in registration data in its service contracts and / or other circumstances t.2.7. Of these Terms.
6.9. The subscriber / user agrees not to perform and keep performing intrusive, threatening or offensive messages or calls and false calls to the "Emergency medical care," National Service "Police" and National Service "Fire Safety and Population Protection "and the single European emergency number 112, using a network of Max Telecom. In case of establishment of such calls MaksTelekom has the right to discontinue use of the Service subscriber / user.
6.11. The subscriber / user agrees not to perform and keep performing activities related to origination, termination and transit traffic through the use of the Service. In case of misuse found Service Max Telecom has the right to suspend network access and use of the subscriber / user of the Service, all obligations of the Subscriber Max Telecom to become immediately due.
6.12. The subscriber undertakes to the loss or theft of the device, regardless of their location, immediately notify the said Max Telecom phone number for customer service to be stopped his access to the web, as well as a written confirmation within 24 hours of notification.
6.12.1. In the event that has not complied with the above terms or not Telecom Max informed of the above circumstances, the subscriber due to the cost of all services used after the loss or theft of the device. In the event that within 48 hours of written confirmation subscriber has not requested reimbursement of network access, Max Telecom finally terminated his access to the web.
6.12.2. If the customer has complied with the foregoing, without delay Max Telecom for the loss / theft and has submitted a written confirmation within the specified time-limit, but Max Telecom has delayed the suspension of his access to networks, subscribers do not pay due services provided by the time the oral notification until the suspension of access.
6.12.3. In the above cases, if the subscriber wants to restore its access to the network and continue using the service must pay the price for re-inclusion for granted his new equipment.
6.13. The subscriber undertakes to use and safeguard provided by Max Telecom Devices employing the due diligence, as also required by users who provided their use.
6.13.1. After termination of the service subscriber must return the granted device owned by Max Telecom, the state in which it has received, taking into account normal wear and tear.
6.13.2. Subscriber Max Telecom due to the value of the granted user device, if the same be permanently damaged by the fault of the subscriber loss as well as theft, if the subscriber does not provide the competent authority of the act, proving theft.
7. RIGHTS OF MAX TELECOM
7.1. Max Telecom is entitled to receive within all amounts owed by Subscriber to use the supplied its range of services specified in service contracts. In late Subscriber fails to pay amounts due, Max Telecom has the right to demand payment of the amount due, together with statutory interest on it.
7.2. Max Telecom has access to the subscriber premises prior written notice in an appropriate manner.
7.3. Max Telecom has the right to determine the specific amount / credit / specified in the Tariff him, in which the subscriber is able to use information provided by Max Telecom services through the web, without requiring the introduction of deposit or bank guarantee in terms of Section XI of these Terms.
7.4. Max Telecom has the right to change the subscriber number as in the case of his written request and a 30-day written notice if it is imposed as a result of changes in legislation, amending Max Telecom issued a use permit individual a limited resource or technological necessity caused by structural changes in the network.
7.5. Max Telecom is entitled under the Contract for services to provide their subscribers to use devices of the type according p. 3.6. of these Terms.
7.6. Max Telecom is entitled to give binding instructions and the subscriber / user for the proper use of it gives him to use devices.
7.7. Max Telecom reserves the right to refuse connection to the web or suggest using a prepaid package of services to users that a / there are other outstanding obligations / contract and / Max Telecom and b / does not provide the requested documents Max Telecom contract for service; in / have bad credit assessment made under chl.11.16.1. of these Terms.
7.8. Max Telecom has the right, for the purpose of maintaining the network temporarily and for the shortest possible time, to withdraw the service the subscriber / user, and for this purpose at scheduled intervals, inform the subscribers / users via a web page or by other appropriate means, at least 24 hours before the scheduled interruption.
7.9. Max Telecom has the right to temporarily restrict access to all or part of the services or not to restore the suspended access to the subscriber's service / network and to terminate the services in the following situations:
7.9.1. The subscriber has outstanding obligations to the Max Telecom;
7.9.2. The subscriber has used false information in the Contract Services;
7.9.3. When performing system / more than three times within the year / breaches of the obligations of Subscriber under these Terms and / or service contract, provided that the subscriber is aware of at least one case of default of the obligation;
7.9.4. If found doing or allowing the performance of activities related to origination, termination and transit traffic in the network of Max Telecom, to make a profit for the Subscriber or any third party other than Max Telecom;
7.9.5. If found doing or permitted to make false calls to the "Emergency medical care," National Service "Police" and National Service "Fire Safety and Civil Protection" and the single European emergency number 112 "via the Device Subscriber;
7.9.6. In a written complaint from another subscriber / user of the web, made by lawful order for unlawful acts committed and / or made threatening or abusive messages and calls made by the subscriber device - to clarify the case;
7.9.7. When verbal abuse and / or threat to the Max Telecom and / or member of his team via the subscriber's device.
7.9.8. In the establishment of unauthorized access devices provided configurations and / or use of terminal equipment without compliance assessed causing or likely to cause interference on the Web.
7.9.9. In the cases mentioned above Max Telecom notify Subscriber in writing in an appropriate manner and provide 7 days to remedy the situation. If the breach is not remedied within that period terminates Max Telecom network access.
7.10. Max Telecom has the right to prepare and publish a telephone directory in print or electronic form, in which data can be entered free of Subscriber / name, the name (company), address and telephone number only if the subscriber has said written consent. Max Telecom can be published in the phone book and additional data requested by the subscriber. Max Telecom is obliged to grant in advance and inform their subscribers to use the phonebook, which will include their data, and any opportunity to use them through the search functions in the telephone directories in electronic form, allowing users to find the name or name and address of subscribers only on a phone number.
7.11. Max Telecom has the right to grant third parties the information included in the phone book, only with the express written consent of the subscriber, said at the conclusion of the service.
7.12. Max Telecom has the right to provide telephone services to subscribers of the data included in the phone book in print or electronic form, such as access to the corresponding phone number will only be granted in full and just a minimum set of data.
7.13. Max Telecom has the right to authorize third parties as their sales representatives on his behalf and on his behalf to contract for services, including to provide devices to subscribers. Max Telecom is obliged to publish the information necessary for sales representatives on its website http://www.maxtelecom.bg.
7.14. Max Telecom has the right to provide collected, processed and stored for the purpose of providing service to the subscriber data to third parties - administrators and operators of personal data under the Law on Personal Data Protection, to contracts for services, preparing credit assessment and / or recovery - amounts due invoices for services used by Subscriber in the credit limit and other related services provided.
7.15. Max Telecom has the right to use its network for the purposes of direct marketing and advertising, sending messages to their subscribers / users with information about promotions, new offers and programs, rates and more. Max Telecom without requiring their prior consent. In case of disagreement by the subscriber / user for future receipt of such messages "Max Telecom" is obliged to stop sending them to the subscriber / user.
8. DUTIES OF MAX TELECOM
8.1. Max Telecom is obliged to provide services in accordance with the granted licenses, the general requirements for the service, enter into individual service contracts with subscribers, and these Terms.
8.2. Max Telecom is obliged to carry out initial activation and service providing access to the subscribers / users to the Web within 48 hours after the conclusion of the individual contract for service. Failure to comply with this deadline Max Telecom is obliged to reduce by 1 / 30 part of the Subscriber due monthly subscription fee for each day of delay.
8.3. Max Telecom is obliged to continuously monitor the technical process of providing the service and to prevent the occurrence of technical problems. Where such problems Max Telecom is obliged to take all necessary measures to remove these as soon as possible.
8.4. Max Telecom is obliged to ensure the provision of services, including such reference, 24 hours a day, seven days a week, 365 days a year in the areas of Web services. Interruption is allowed only in cases of force extreme circumstances within the meaning of Art. 306, par. 2 of the Commercial Law.
8.5. In the case of a planned interruption or deterioration of services due to perform check-ups, expansions or development of the web, Max Telecom is obliged to notify the subscribers / users in advance by posting a message on its website at http://www.maxtelecom.bg, or other appropriate means. Notification shall be made not later than 24 hours before commencement of the relevant events. If the interruption lasts more than 24 hours, Max Telecom is obliged to reduce the debt owed by the Subscriber monthly subscription fee of 1 / 30 part of every day continuously.
8.6. Max Telecom is obliged to ensure the ongoing confidentiality of subscribers and users of its web conversations.
8.7. Max Telecom is obliged to ensure the confidentiality of communications, which covers the content of messages and related traffic data, location data, and data needed to identify the user by taking all technical and organizational measures for this. Obligation under the preceding sentence applies to employees of Max Telecom.
8.8. Max Telecom undertakes not to provide information technology related to the subscriber data and data from networks, except when the legal provisions and has requested a statutory order. Max Telecom is obliged to take appropriate technical and organizational measures that prevent copying of directories in electronic form.
8.9. Max Telecom has the right to make its network available to third parties for making calls, messaging or e-mail for direct marketing, unless there is express written consent of the subscriber to receive such.
8.10. Max Telecom shall, upon written request made by statutory order, to take action on the detection of malicious, intrusive, threatening or abusive calls and false calls to the "Emergency medical care," National Service "Police" and National " Fire safety and protection of the population "and the single European emergency number 112.
8.11. Max Telecom is obliged to offer services to subscribers and users in accordance with the principles of transparency, proportionality and equal treatment according to the type of technology used, the categories of subscribers, traffic volume and method of payment and shall not allow for individual users or user group than one category, using the services of the same species.
8.12. Max Telecom is obliged to provide free of subscribers / users copies of these Terms at any of the commercial sites, respectively. objects in their trade representatives.
8.13. In case of theft or loss of a device on repairs, as well as complaints about service quality, billing of services and other issues Max Telecom is obliged to adopt the same toll-free number 0999 111, of which the subscribers / users can call.
9. RESPONSIBILITY OF THE SUBSCRIBER / USER
9.1. Subscribers / Customers are responsible for damages incurred as a result of their unlawful behavior, or in connection with the use of information provided to them by Max Telecom services, including but not limited to:
a / damages caused by the use of these terminals are not assessed compliance and are not marketed under current regulations, or do not comply by Max Telecom announced technical specifications for interfaces connecting them, as a result of which caused the network outage;
b / to interfere with the functioning of the network, break it and / or hinder the provision of services by Max Telecom to third parties, subject to the requirements for quality of service;
c / for their, or allow actions of others connected with the origination, termination and transit traffic through the use of the Service, and the use of nets in a manner injurious to the rights and interests of Max Telecom;
d / damages occurring direct and proximate result of default on their individual service contracts and / or these Terms;
9.2. The subscriber is responsible and return the Max Telecom of any additional (extra) costs incurred by Max Telecom in connection with the collection of receivables on due and overdue amounts from the Subscriber, including and costs of authorizing third parties to collect debts.
10. LIABILITY MAX TELECOM
10.1. Max Telecom is responsible for due to the subscriber / user damages are direct and immediate consequence of the breach of his obligations under these Terms and individual contract for services.
10.2. Max Telecom is not liable for damages caused when they are not direct and immediate consequence of his failure to fulfill the obligations under the Terms or individual contract for services, including but not limited to:
10.2.1. interruption or degradation of service when it is not due to his fault or due to events occurring force extreme circumstances within the meaning of Art. 306, par. 2 Commercial Law;
10.2.2. damages arising from unrealized calls;
10.2.3. third party claims against the subscriber / user in relation to, or used in connection with its services in the network of Max Telecom;
10.2.4. interruption due to terminal equipment installed by the subscriber / user, are not assessed compliance and are not marketed under current regulations, or do not comply by Max Telecom announced technical specifications for the interfaces connecting them;
10.2.5. for the poor quality of service and / or suspension of network access, due to imperfections, repairs or maintenance, and damage to the networks of other operators, up connection through a number of electronic communications networks;
10.2.6. accuracy of the information provided by credit and / or other institutions that may be taken into account when making credit assessments of the Subscriber, subject to chl.11.16.1. and the consequences of refusal of Max Telecom providing access to the subscriber network, due to obtain such information;
10.2.7. content of information exchanged when using the service in the network of Max Telecom;
10.2.8. damages arising from the inability of the subscriber / user to use the service;
10.2.9. damage caused by improper maintenance of the device by the subscriber / user.
11. PRICES, TERMS OF PAYMENT OF SERVICES CREDIT POLICY
11. Max Telecom sets prices for services according to demand and supply, ensuring equal treatment of users, categories of end users, traffic volume and other conditions related to freedom of contract.
11.1. In offering price packages of services, Max Telecom will provide subscribers a right of access and services in a package tied at prices beyond the price package.
11.2. Max Telecom has the right to offer discounts for use of his services as an opportunity to anyone who meets the conditions announced in advance to benefit from them.
11.3. Max Telecom is obliged to provide free information to subscribers / users on the prices of services and price packages or rates, shall publish the same on its website http://www.maxtelecom.bg and place them prominently at their business sites, respectively. objects in their trade representatives in the country.
11.4. Max Telecom is obliged to provide information to the Commission for Communications Regulation retail price, incl. their changes, three days before their enactment.
11.5. Max Telecom has the right to collect the amounts provided services according to current price list of Max Telecom, in an amount determined by the combination of all or part of the following prices:
11.5.1. Price for the initial connection and activation of services under the price list, which is paid once, at the conclusion of individual contracts for services and not returned upon termination.
11.5.2. Monthly subscription price to the price list of Max Telecom, which provides access to the selected service package that prepaid subscribers of each month during the period for payment of the invoice.
11.5.3. Price for the initial activation and the price of the additional service. The price of the additional service may be on a subscription basis or be charged once by using the service is prepaid. In the event that a subscription basis, the price is paid with the monthly subscription price. When charging a single price for the additional service it is paid accordingly when applying for the service;
11.5.4. Price of calls from the number / s per subscriber, regardless of whether calls are made personally by the subscriber from the time of establishment of the relationship - obtain a meaningful answer to build a relationship under the relevant international specifications until its withdrawal. Reporting is done in seconds, according to the chosen tariff plan or subscription.
11.5.4.1. The subscriber pays all national calls and international calls, depending on their duration, tariff zone and tariff plan chosen;
11.5.4.2. In conversations in which the subscriber of Max Telecom is served by a foreign network (roaming), it settles with Max Telecom under its existing tariffs. The subscriber pays all the services which he has used in other networks, in some cases and depending on the used foreign network and pay part of the received incoming calls.
11.5.4.3. The subscriber / user pays all of the services used by a network controlled (induced) of it (call forwarding, conferencing, etc.).
11.6. Subscriber price payable for all services used, whether consumed by him.
11.7. Payment is based on the invoice which is issued monthly on behalf of the subscriber on a certain date, and announced the signing of service contracts.
11.8. Payment can be done in a manner chosen by the subscriber, including the following:
11.8.1. Cash in the vaults of the partners with whom Max Telecom is a contractual relationship and who have publicly announced on the website of Max Telecom;
11.8.2. By bank transfer to the account of Max Telecom, mentioned in the invoice, the payment is considered made on the date of receipt of amounts in the account of Max Telecom;
11.8.3. In other ways, if any, are set out in individual service contracts or are publicly disclosed.
11.9. Payment of that invoice shall be made not later than 15 days after the date of issuance J. Non-receipt of the invoice does not relieve the subscriber from the obligation to pay amounts due. In case of default subscriber penalty in the statutory rate for each day of delay.
11.10. Failure of the term of t.11.9. entitles Max Telecom to use a subscriber paid a deposit or provide a bank guarantee (if any) to cover part or all of the obligation to terminate the subscriber to access the network or to terminate the services.
11.11. Services not provided directly by Max Telecom (such as roaming) may be charged with delay and subject to payment after their inclusion in the next invoice.
11.12. Monthly bill can be challenged within 3 (three) months after the date of invoice. Contesting not relieve Subscriber of its obligation to pay amounts due.
11.13. Max Telecom, after review and decision about recovering erroneously translated and overpayments, such refund shall be made within 10 working days of receipt of reasonable written request by the subscriber in the period under t.11.12.Restoration is done by deducting the amount of the obligations of the consumer for the next reporting period, in cash or by bank transfer, after indicating the bank account of the subscriber, in which case the bank transfer costs are borne by him.
11.15. Credit limit:
11.15.1. Max Telecom sets a specific amount / credit /, in which the subscriber is able to use information provided by Max Telecom services through a network without requiring the introduction of deposit. The amount of the minimum credit limit is determined depending on the chosen subscription plan and allows the subscriber to use this service to the value without having to make a deposit, except where such is required for the use of specific services / Roaming /.
11.15.2. Max Telecom has the right to negotiate with individual credit limit Subscribers:
a) in proper payer / long its subscribers and / or have a large bandwidth;
b) made according to their individual credit assessment;
c) which have proven financial solvency;
d) which have been granted more than one number from the Web or use a package of several services provided by Max Telecom.
11.15.3. Individual credit limit can be updated periodically by Max Telecom.
11.15.4. Max Telecom subscriber / user of exhaustion of the credit limit is reached at an amount equal to 90% of the same and invite him: a) to pay a deposit or a bank guarantee for an amount, which would like to increase credit its limit, or b) used to pay all of it until services.
11.15.5. In the cases of t.11.15.4. The subscriber is entitled to depletion of its remaining credit limit:
11.15.5.1. to pay a deposit or a bank guarantee amounting to ensure payment of the amount exceeding the credit limit;
11.15.5.2. used to pay all its services until not later than 3 days after notification by t.11.15.4.
11.15.6. Failure of any of the above conditions and exhaustion of the credit limit Max Telecom has the right to suspend access to the subscriber network, while preserving the possibility of free calls to emergency numbers.
11.15.7. Max Telecom has the right to require payment of a deposit or a bank guarantee from foreign nationals temporarily residing in the Republic of Bulgaria, who wish to contract for services provided through use of the network of Max Telecom services.
11.16. Credit Policy
11.16.1.Maks Telecom with a view to establishing the security of their claims, have the right to perform initial and ongoing credit evaluation of customers. Credit assessment may be performed alone or with others - credit institutions and is based on analysis of information on previous and current contracts with Max Telecom, payments made or performed under such contracts, and failure conditions and terms of these contracts.
11.16.2. If the performance of credit rating Max Telecom considers that the subscriber does not meet the requirements of the current credit policy of the company Max Telecom may refuse connection, to provide access to only part of the services or to provide network access only through the use of prepaid services, where available.
11.16.3. In the systematic delays of payments on invoices issued or made as a result of the credit rating Max Telecom can offer the subscriber use only prepaid services, where available, or require payment of deposit or bank guarantee as collateral for use of services including credit limit increase or use of roaming services.
11.16.4. Interest on guarantee amounts are not charged.
11.16.5. Max Telecom has the right to use all or part of the deposit to meet its legal claims to the subscriber, together with interest on unpaid bills.
11.16.7. Upon termination of contractual relations Max Telecom has the right to use the damage deposit in full or in part to cover the amounts owed by Subscriber, including and other agreements between the parties.
11.16.9. Upon termination of the contract and within 10 days of receipt of written request from the subscriber, Max Telecom is obliged to return the unused portion of the margin in the event that the subscriber has no outstanding debts to it, including other contracts between countries.
12. TREATMENT AND PROTECTION OF PERSONAL DATA
12.1. Max Telecom has the right to collect, process, use and store personal data of subscribers / users and data required to provide electronic communications services such as:
12.1.1. The data of subscribers / users include:
12.1.1.1. traffic data - data that are required to provide electronic communications services, charging for the formation of the accounts of subscribers and to demonstrate their reliability;
12.1.1.2. data necessary for preparing subscriber accounts and to demonstrate their reliability;
12.1.1.3. location data - data that are processed in the electronic communications network of Max Telecom to determine the location of the electronic communication device of subscriber / user.
12.2. Information relating to users and subscribers contained in the database of Max Telecom can not be provided to third parties except with the express written consent of the user / subscriber and / or in accordance with Bulgarian legislation.
12.3. Max Telecom may collect, process and use data about calls to subscribers or consumers to monitor and detect disturbing calls and a written request from the affected subscriber / user made a statutory order.
12.4. Max Telecom can use and process personal data and data calls in order to fulfill its obligations related to provision of service.
12.5. In order to provide service and for billing purposes, the formation of the accounts of subscribers and to prove their reliability, Max Telecom has the right to collect, process, use and store the following traffic data:
12.5.1. number of the calling subscriber / user and number of the calling subscriber / user,
12.5.2. card number used for electronic payment;
12.5.3. beginning and end of the call, set a date and time to the nearest second, if technically possible;
12.5.4. volume of transferred data and other information for tax purposes;
12.5.5. type of service provided
12.5.6. points of interconnection to the call, beginning and end of their use set a date and time to the nearest second, if technically possible;
12.5.7. data connection type or zones - time and geographical necessary to determine the value of the service;
12.5.8. location of the user of the service provided by mobile network, including provision of "roaming";
12.5.9. After completion of the call or Max Telecom undertakes to delete traffic data or make it anonymous, unless they are directly required for the new call or connection, or in cases provided for in the Electronic Communications Act.
12.6. Max Telecom can use and process personal data necessary for preparing subscriber accounts and to prove their reliability in the following volume:
12.6.1. Subscriber data: for individuals - full names, identity number and address, and for nonresidents - personal number and address for legal entities and sole proprietors - name, location, address and a corresponding identification code.
12.6.2. type of electronic communications services;
12.6.3. total number of units charged for the period of preparation of the bill;
12.6.4. payable for the services for that period;
12.6.5. information about selected by the subscriber and the payment made and payments due;
12.6.6. information requested by the subscriber changes service use;
12.6.7. other data for the subscriber in the presence of a written agreement on his part under the provisions of the Privacy and Electronic Communications Act.
12.7. Max Telecom store certain categories of data needed for national security and detection of crime, and payment for the formation of the accounts of subscribers for a period of 12 (twelve) months of the subscriber's account.
12.8. Max Telecom is committed to protecting the confidentiality of electronic messages and not carry out actions which may harm the subscriber / user and not available to third parties confidential information for subscribers / users, without the express written consent of the latter, except when Max Telecom is obliged, under Bulgarian law, to provide such information to the competent state authorities.
12.9. Max Telecom may collect, store, process and use data about calls to subscribers, users and other persons engaged in electronic communications services to detect, locate and troubleshoot network errors and to detect and prevent illegal use of public electronic communications networks and facilities, as well as detection and tracking of disturbing calls when there is sufficient reason to believe that such actions are carried out and that is requested in writing by the law.
12.10. The subscriber confirms in writing and agrees to the manner in which Max Telecom will store, process and provide to third parties - or other credit institutions under these Terms in accordance with current legislation, personal data in the required amount , for the purpose of credit assessment, the credit limit and / or recovery, as well as in the case of an application to receive device and contract services remotely.
13. COMPLAINTS AND REQUESTS PROPOSALS
13.1. Complaints, requests and proposals will be considered and decided by Max Telecom, no later than one month of receipt.
13.2. Max Telecom is obliged to respond in writing to all complaints, requests and suggestions made by the subscribers / users in e-mail, fax or regular mail, provided that the subscriber / user has identified at least his name is provided an address for correspondence.
13.3. Max Telecom maintains a register of complaints, requests and suggestions from subscribers / users, and a copy of the responses to them. Registers with the information stored for a period of 24 months.
14. TERMINATION OF SERVICES
14. Agreement concluded between the parties for services may be terminated in the following cases:
a) by mutual written expressed consent of the parties;
b) the expiry of the stipulated therein, then notified about the subscriber not less than 30 days in advance (if such notice is not received contract extended for an indefinite period);
c) unilaterally by the Subscriber:
- With one month written notice to the Max Telecom, after payment of all sums due, unless the contract provides otherwise;
- 14-day written notice to the Max Telecom, for non-essential duties of his party to these Terms and Conditions relating to violation of the terms for the initial service activation, restoration of service for repairs in the networks, and violation of parameters for quality of service for an extended period (for a period longer than seven days);
d) unilaterally by Max Telecom in the following cases:
- With one month written notice addressed to the Subscriber;
- Without warning and / or to pay the amounts due after the expiry of payment and in case of arrears or other breaches of contract / s concluded / and between the same parties;
b / in exceeding the credit limit and non-payment of deposit or bank guarantee to secure use of services over the credit limit when the value of the services is not paid immediately;
in / in all other cases of non-payment of the deposit required under these Terms;
d / In case of violations / offenses in attempts configurations provided the subscriber devices;
e / found in the use of technical means to access the web, do not conform to the requirements these Terms, or use or allow to be used for electronic communications devices or electronic communications services for unlawful purposes;
f / out system for / more than three times within the year / breaches of the obligations of Subscriber under these Terms and / or service contract, although the customer has been warned at least one case of breach of the obligation;
g / in reference to intentional misrepresentation by the subscriber to obtain the Device / a and / or services from the network of Max Telecom;
h / found in the commission or allowing the performance of activities related to generating traffic in the network of Max Telecom, to make a profit for the Subscriber or any third party other than Max Telecom;
and / when changes in legislation or termination of the license to provide voice services through a network;
15. AMENDMENTS TO TERMS AND CONDITIONS
15.1. Max Telecom may change these terms and conditions and prices of services at any time, voluntarily or at the request of subscribers / users.
15.2. Terms or any amendments thereto, published by Max Telecom to its website at http://www.maxtelecom.bg and published in a daily newspaper, within not less than 30 days before entry into force.
15.3. Each subscriber, in amending the General Conditions have the right to terminate the service without penalty, within one month from the entry of amendments to the General Conditions in force, except when:
15.3.1. changes resulting from general conditions applicable law or act of CRC or
15.3.2. in the individual contract with a subscriber service includes discounts on Max Telecom to the subscriber for a certain period of time.
15.4. Max Telecom submitted for information a copy of these Terms / change them to the Commission for Communications Regulation Commission and consumer protection.
16. SETTLEMENT OF DISPUTES
16.1. Disputes between parties to a contract for services shall be settled by direct negotiations between them.
16.2. For outstanding under these Terms of issues either party may request the assistance of the Commission for Communications Regulation to settle the dispute or to seek their rights under the legislation of the Republic of Bulgaria.
17. APPLICABLE LAW
17.1. In matters not governed by these Terms, the provisions of the Bulgarian legislation.
17.2. When certain terms of individual contracts for services are contrary to the provisions of these Terms shall prevail with the contract for services.
18. OTHER DEFINITIONS
18.1. "Closing device" - a device designed to connect directly to the endpoint of a public electronic communications network to transmit, process or receive information.
18.2. "Numbering Plan" is a form of organization of the national numbers. It determines the shape and structure of these numbers to define the specific elements that are used for identification of the endpoints of the networks, routing calls to these endpoints, the determination and reporting of tally counter units for discussions and for providing access to other telecommunications networks.
18.3. "Successful Call" means a call which the calling party receives a significant response to build the link under the relevant international specifications.
18.4. "Systematic violation" of carrying three or more violations of the same type of service contract and the adjacent school, the subscriber is aware of at least one case of default of the obligation.
18.5. "Confidential Information" means any information (verbal, written or any other form), which is designated as confidential by the supplying party, or that in view of its content and / or use is normally perceived as confidential by country that receives it.
18.6. All other specialized terms and expressions used in these Terms shall have the meaning given in the Electronic Communications Act.
These Terms of relations between "Max Telecom Ltd" and subscribers and users of voice telephony services provided through public electronic communications network "Max Telecom" Ltd. are made pursuant to the provisions of the Electronic Communications Act and approved by the Manager " Max Telecom Ltd "09.10.2007 year. They come into force on 12.11.2007 year.
