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General terms and conditions for using MobiLsi services


1.1. Definitions
Activation: the date when the Customer is allowed to access the MobiLsi services.
SIM card: physical support which, when entered into a GSM terminal, and after the Activation, allows the Customer to have access to Services and allows the identification of the Customer in partner mobile Networks.
Initial credit: the credit obtained by the Customer at the Activation.
Credit: amount within which the Customer may use the MobiLsi services according to the fees published on the www.mobilsi.net website, including without limitation the initial credit, as well as any other recharged Credit.
Customer: Physical person or legal entity who owns the SIM card.
Account: contains information about the Credit available and used by the Customer, the active period of the Credit, the identification data of the SIM card as well as the identification data of the Customer, if he provided them.
Personal data: any information about a physical person, defined in the regulations regarding the protection and the free circulation of personal information.
Fraud: any action of the Customer, which constitutes a violation or an attempt to violate his contractual or legal obligations, with the intention to cause a prejudice of any kind or to obtain an improper benefit for himself or for a third party, or which has as consequence the causing of such prejudice or the procurance of such benefit.
Mobilsi World Communications: the Trade Company Mobilsi World Communications SRL, a legal entity under the Romanian law, with the headquarters in Bd. Chisinau, nr. 1, sector 2, Bucharest, Romania, registered with the Trade Registry under no J40/8136/2008.
Unique registration code 23851103, with registration code for VAT purposes RO, social capital subscribed and paid 5,000.00 lei, bank account: RO80RNCB0071100657220001 opened at B.C.R. Suc.Plevnei.
Active period of the initial credit: validity term of the Initial credit, during which the Customer has access to MobiLsi services, as of the date of the SIM card Activation. Active period: the period when the Customer has access to the MobiLsi Services and which is equal to the active period of the Initial Credit and/or the validity term of the recharged credit; it ends on the date of the credit termination or at the deadline settled by Mobilsi World Communications in its commercial offers.
Recharge: new supply of the Credit by the recharge methods communicated by MobiLsi, which imply the prepayment of the services.
MobiLsi Services: represent the Voice Service offered to the Customer to use only during the Active Period.
Additional Services: services offered by Mobilsi World Communications beside the MobiLsi Services activated automatically or upon the Customer's demand, and which imply additional costs.
Roaming Service: service which allows the Customer to use the Services by means of another network, only under the conditions of the trade agreement between the Mobilsi World Communications suppliers and the operator of that network.
Fee: the amount payable by the Customer to Mobilsi World Communications for a certain type of Service. The fees are published on the webpage www.mobilsi.com and are valid at the time of their publication. The fees may be changed according to point 6 of 1.6.
Administrative fees: fees payable to Mobilsi World Communications for certain services, others than the electronic communications services (for ex. the fee for SIM change, the fee for giving other numbers on the SIM, etc.). The administrative fees may be one-time fees and/or on a monthly basis, according to the service offered, and the Customer will be informed about the administrative fees and their nature before activating of the service.
Fee comparison: the prices and fees of third operators can be taken from the web pages, promotional materials, catalogs and Internet search. Mobilsi World Communications does its best to update them as often as possible. Mobilsi World Communications cannot guarantee that the information about third parties is updated on a daily basis. The Customer is free to revaluate the information and is responsible for his actions upon such information being obtained from different publicity materials.
Voice mail: this is the voice messaging service, which comprises any service or facility included in the service.

1.2 The SIM card
The SIM card for accessing the Roaming Services at low costs for and from various countries, as well as all data entered and stored by the Customer on the SIM card are property of the Customer. Technical identification data of the SIM card are the property of Mobilsi World Communications, and any Customer's attempt to copy them is forbidden and punished according to law. During the Services, for reasons of security or Services improvement, Mobilsi World Communicationsmay may ask from the Customer to return the SIM card, in order to replace it.
In case of loss and/or theft of the SIM card, the Customer undertakes to report it to the Police and to Mobilsi World Communications, using the phone number from Customer Service or by email, specifying: name, address, contact phone number, number of the lost/stolen SIM card, place and date of SIM acquisition, activation date (and any other information that might be required). Once announced, the lost/stolen SIM shall immediately be blocked. Between the moment of loss/theft and the successful blocking, the Customer is responsible for the use of the SIM card. The Customer can replace the SIM card with another, having the same phone number as the lost/stolen one, and can recover the credit existing at the time of blockage, only if after acquisition he provided his personal information as SIM card user to Mobilsi World Communications, Customer Service or on the web www.mobilsi.net. The SIM replacement is paid against replacement fee + expedition costs (if case may be). Should the Customer demand the replacement of a SIM card for reasons of manufacture defaults the card will be replaced free of charge. The SIM card replacements in any other conditions may be charged an administrative fee. Mobilsi World Communications does not account in any way for the use of the Credit in case of lost or theft of the SIM card.

1.3. Activation of Services
The SIM card acquisition provides the Customer the right to ask for the activation of Services and the obligation of Mobilsi World Communications to assure the access of the Customer to the prepaid Services under the conditions below. Service activation takes upon placing the SIM card into the mobile phone, after entering the activation code, as explained in the user guide. Each SIM card has an equivalent UK number beginning with 0044, which is displayed on the SIM package.
The phone number assigned to the Customer can be changed by Mobilsi World Communications for reasons imposed by the competent authorities and/or for technical reasons, with the Customer's at least 15 (fifteen) days notice of operating such change, if the law does not impose another term. The change of the phone number under the conditions specified in this paragraph does not involve the liability of Mobilsi World Communications.
The Customer can benefit of Bonuses offered by Mobilsi World Communications according to the commercial offer. Also, as of the Activation date the Customer can benefit of included and/or additional Services, according to the commercial offer.
1.4. Payment of Credit value
No amount paid by the Customer as counter value of the Credit will be refunded by Mobilsi World Communications.
1.5. Active period
The active period of the Initial Credit is calculated as of the date of card activation, until any of the following terms:
(i) the date of termination of such Initial Credit according to the Fee paid by the Customer to Mobilsi World Communications or
(ii) the deadline settled by Mobilsi World Communications in its commercial offer. In case of recharge or Bonus granted the Customer benefits of a new active period with a maximum value according to the commercial offer of Mobilsi World Communications. If, on the recharge or the Bonus date, there was an active period still unused, it will not add to the new active period, and the active period will only be the period offered by the recharge or the bonus, as settled by the commercial offers of Mobilsi World Communications. The active period ends at any of the following terms:
(i) the termination date of the credit corresponding to the paid Fee or corresponding to the received Bonus;
(ii) the deadline settled by Mobilsi World Communications in its commercial offer.
When the active period expires, the Customer's access to the Services will be completely restricted; the Customer permanently loses the phone number and the Credit, while the SIM card becomes unusable.
1.6. Parties' Obligations regarding the Prepaid Services
1.6.1. Obligations of Mobilsi World Communications
(1) Mobilsi World Communications shall make all the reasonable efforts to assure the optimal quality of its Services.
(2) Mobilsi World Communications cannot be held liable if the Customer or any other person violate the regulations applied to the use of the Services, the purpose of their use or the content transmitted, stored, exposed or which is, in any way, the object of an operation performed with the support or by means of the Services.
(3) The quality of Services may be affected by several factors beyond the control of Mobilsi World Communications. Mobilsi World Communications does not account for losses or damages of any kind caused to the Customer by lack of access to Services or by offering Services of an inconvenient quality, caused by factors beyond the control of Mobilsi World Communications (for example: the action of third parties, the use of technically unfit equipments, the loss of partner networks with which Mobilsi World Communications suppliers have a Roaming agreement, etc.).
(4) Mobilsi World Communications responds exclusively for its Services and thus, it is not responsible for the Services offered by third parties, which use, in any kind, its Services. To avoid any misunderstanding, Mobilsi World Communications cannot be held liable for prejudices of any nature suffered by the Customer in relation to third Services.
(5) Mobilsi World Communications is not responsible for third parties who benefit of Services in the absence of a contract concluded between Mobilsi World Communications or its suppliers and such third party.
(6) Mobilsi World Communications makes available for its Customers useful information concerning the Services, fees and their use by means of brochures and other documents that can be asked from Mobilsi World Communications and its agents, as well as on the website www.mobilsi.net, Customer care. The information referred to herein are valid as of the date of their presentation to the public, except for the situation when another date is explicitly referred to.
(7) Mobilsi World Communications does not take any responsibility in case of non-delivery or delayed delivery of the acquired products. The responsibility is restricted to the refund of the prepaid amount.
(8) Mobilsi World Communications reserves the right to add a monthly fee on past periods during which any sim card was used in a way which is not conform the standard way to use roaming services (e.g. a sim card used for receiving calls in a high rate vs outgoing calls). The monthly fee will be decided by the "Traffic control" department.
1.6.2. Customer Obligations
(1) For certain Services, Mobilsi World Communications offers the Customer the possibility to protect the access to personal data by using the Password, and the Customer is the only responsible for his actions or inactions, having as consequence the access of third parties to the Customer's Password.
(2) The Customer is the only responsible for his actions or inactions having as consequence the violation of any regulation concerning the conditions of access and/or use of Services, including those which, according to the valid regulations, are not allowed to all categories of customers.
(3) The Customer undertakes to use the Services subject to the legal rules thereto applicable, to the Terms and Conditions for the use of Services and to the user guide offered by Mobilsi World Communications, also to avoid any actions and inactions that may lead to the damage of the image, name, trademarks or any other rights of Mobilsi World Communications.
(4) The Customer is the only responsible for any violation of the Service use regulations, the purpose of their use or the content that is transmitted, stored, exposed or which is in any way the object of an operation done with the support or by means of the Services.
(5) The Customer is fully responsible for the use of the SIM card, irrespective of its final user and irrespective of the type of terminal used with the SIM card. 1.8. Liability limitation
Mobilsi World Communications makes all the reasonable efforts to assure an optimum quality of its Services.
Mobilsi World Communications cannot be held responsible for the following:
- malfunction or improper function of the Network due to reasons beyond the control of Mobilsi World Communications;
- improper function of the Network in the developing regions or in places where the operator makes improvement works for the network;
- the damage of any kind caused by the use of terminals or other equipments which technically do not allow the access to Services or by the absence of such terminals or other equipments necessary to access the Services;
- the damage of any kind caused by the inappropriate use of terminals and equipments;
- the damage of any kind caused y the inappropriate use of the Services by the Customer;
- the damage of any kind caused by the use of equipments and terminals which, at the date of their acquisition by the Customer, were not presented by Mobilsi World Communications as its property;
- indirect or future damages, in any situation;
- the services of third parties available to the Customer by means of Mobilsi World Communications;
- the quality of services of another suppliers of electronic communication services available to the Customer by means of the Services provided by Mobilsi World Communications, including without limitation the Roaming partners and any other third parties involved in the Roaming Services offer.
The Customer undertakes to offer to Mobilsi World Communications all the information concerning any complaint or prosecution filed against it by another person than the Customer, as a result of his use of the Services offered by Mobilsi World Communications.
Mobilsi World Communications announces to the Customer the instructions concerning the Service use, upon their change, in order to provide him with a safe and professional service. The use of a cell phone for emergency calls: 911, 112 etc is not guaranteed, and one has to envisage an alternative for such calls, such as a fix phone or marine emergency. GSM services may be interrupted at any time to facilitate a modification, for the maintenance or performance of restoration works. Mobilsi World Communications uses all the means available to make sure that such events have a minimum probability.
1.7. Fees applicable to additional Services and to Services of third parties
(1) Fees taken up by Mobilsi World Communications for providing additional Services asked by the Customer and their calculation are specified in the commercial offers issued by Mobilsi World Communications and they are part of the Terms and Conditions for the use of the Services.
(2) The Fees for the Services of third parties are specified in the materials issued by the third parties.
1.8. Personal Information
The provisions below are applicable exclusively when Personal Information is provided to Mobilsi World Communications by the Customer during the use of the Services.
(1) By using the Services, the Customer agrees that Personal Information, including those with identification function (personal numeric code, series and number of identity card) provided to Mobilsi World Communications are processed by Mobilsi World Communications for purposes connected to the provision of electronic communications services, in the relationship between Mobilsi World Communications and the competent authorities and/or with other operators of mobile or fix telephone networks in order to act for the legitimate interest of Mobilsi World Communications, to constitute data bases and to use them for electronic communication services. By using the Services, the Customer agrees to benefit from actions of promotion of services/facilities offered by and/or by means of Mobilsi World Communications through direct marketing.
(2) The Customer agrees for his Personal Information to be transferred and/or processed abroad, respecting the legal provisions, for the same purpose of providing electronic communication services.
(3) By using the Services, the Customer agrees that Mobilsi World Communications registers the phone calls with the Mobilsi World Communications representatives in order to identify the needs of the Customers and to improve the services offered by Mobilsi World Communications. In this respect, upon calling for an operator of Customer Service of Mobilsi World Communications the Customer is informed and has the possibility to refuse the conversation.
(4) At the same time, the Customer agrees for his traffic data (duration, destination, cost and date of calls) to be processed by Mobilsi World Communications and by its suppliers for purposes connected to the provision of electronic communications services, during the whole period of Services use. The refuse of the Customer to have such information processed by Mobilsi World Communications is equivalent to the impossibility to provide the electronic communications services.
(5) Mobilsi World Communications informs the Customer that he benefits of the rights specified in art. 12-15 of Law 677/2001 for the protection of persons regarding the Personal Information processing and the free circulation of such information.
1.9. Service complaints
(1) The Customer can send a written complaint within 30 days after the date of the contested event, indicating by all means the contested Credit and the address to which Mobilsi World Communications will send the complaint response to the Customer. Mobilsi World Communications will send to the Customer the justified answer to his complaint within 60 days upon receiving the complaint.
(2) If the complaint proves grounded, Mobilsi World Communications will take measures of correction and/or will refund, as case may be, the value of the prejudice suffered by the Customer, into his account (for example: credit, bonus, written messages, validity period etc).
1.10. Fraud
Mobilsi World Communications has the right to withdraw the credit and/or to indefinitely suspend and/or to terminate the provision of Services to the Customer, when the Customer's Credit is the result of a fraud.
Mobilsi World Communications has the right to suspend the provision of Services for Customers who perform actions that negatively affect the interests of other MobiLsi Customers and against whom Mobilsi World Communications receives complaints. The suspension will take the whole period of investigation. If complaints against such Customers prove true, Mobilsi World Communications has the right to terminate the provision of Services to these Customers.
1.11. The suspension and/or restriction of Services provision:
Mobilsi World Communications can temporarily suspend or restrict the Customer's access to Services immediately without any previous notice or other formality and without rights to recovery of damages, in the following situations:
(i) the Customer has violated the provisions specified in Terms and Conditions for the use of Services;
(ii) in case of Customer Fraud;
(iii) in any other case when the actions or inactions of the Customer may cause a risk for Mobilsi World Communications;
(iv) when the Customer's Credit is the result of a Fraud;
(v) in any other cases explicitly mentioned in the Terms and Conditions for the use of Services or in the law;
(vi) in emergency cases, if Mobilsi World Communications totally or partially suspends the Services, for needs of supply, of temporary emergencies of the communication services.
(vii) If Mobilsi World Communications reasonably ascertains that the Customer uses the services offered by its products in a way that negatively affects its networks or services or the ones of its suppliers, Mobilsi World Communications reserves its right to cancel or temporarily suspend the services offered to the Customer, without any prior notice and without such action making the object of recovery of damage, profit loss compensations, lost or damaged businesses, incomes or information.
(viii) If Mobilsi World Communications ascertains that the Customer uses its Services to make illegal, unauthorized or fraudulent calls (illegal call means: terrorism, spam, hacking, etc), Mobilsi World Communications reserves its right to terminate the services offered to the Customer, without renouncing its financial rights resulted from its actions, including those of its suppliers.
1.12. The Termination of Services provision
The provision of Services may terminate at the initiative of Mobilsi World Communications, without delay notification, without previous notice, without the intervention of the Court and without any other formality, at a precise date decided by Mobilsi World Communications in the following situations:
(i) in case of Customer Fraud;
(ii) when the Customer onerously redirects the traffic generated by a third party;
(iii) if the Customer, by his actions or inactions, injuries the image, name, trademarks or any other rights of Mobilsi World Communications;
(iv) in case of renting and/or selling of contracted Service to third parties;
(v) in other cases specified in the Terms and Conditions for the use of Services.
In all these cases, the Customer shall pay to Mobilsi World Communications recovery of damages according to the damage caused.
(vi) when provision of Services becomes technically impossible, because of the modifications of the Mobilsi World Communications rights or those of its communication suppliers.
1.13. Modification
Mobilsi World reserves the right to change the Terms and Conditions for the use of Services, including the conditions of the commercial offer, using all the reasonable means to assure the communication of such changes to the Customer. Example: by written messages, by its webpage.
1.14. Applicability of the Terms and Conditions for the use of Services
The Terms and Conditions for the use of Services is applicable up to the expiration of the active Period. On this date, the Customer's access to Services will be completely restricted, the Customer will permanently lose the phone number and the Credit, and the SIM card will become unusable.
1.15. The impossibility to apply clauses of Terms and Conditions for the use of Services
If any provisions from the Terms and Conditions for the use of Services is or becomes illegal, null or inapplicable, this will not affect the legal status, the validity or the applicability of any other provision thereof; thus, such other provision will remain completely legal, valid and replaced. According to the law, any provision which is illegal, null or inapplicable shall be replaced by a valid provision, which will implement the commercial and economic purpose of the illegal, null and inapplicable specification.
1.16. Final clauses
(1) The commercial offers of Mobilsi World Communications are part of the Terms and Conditions for the use of Services. (3) The Romanian law is the applicable law within legal relations between the parties.
Section 2
Provisions Specific for Types of Service
2.1. Vocal Service
2.1.1. Definitions
The following terms written with capital letters will have the meaning below:
VOCAL SERVICE: The basic Service by which Mobilsi World Communications grants the Customer the possibility to make and/or receive national and/or international calls, as well as the direct transportation, in real time, of the voice through the Network of Mobilsi World Communications partners, to another user connected to an electronic communication network.
2.1.2. The SIM Card and phone number
(1) The SIM card is protected by a PIN code (Personal Identification Number) which will be used by the Customer according to the instructions from the phone user guide. The Customer is solely responsible for disclosing the PIN code to third parties. The SIM card will be blocked after 3 attempts to enter a wrong PIN code. When the SIM is blocked, the phone is unusable. In order to unblock it, one has to enter the PUK code (Personal Unblocking Key). This code can be obtained from the Customer care. If the PUK code is also wrongly entered for more than 13 times, the SIM card will be permanently blocked and it must be replaced against a replacement fee.
(2) The activation of the Vocal Service takes place on the date of the SIM card activation.
(3) The phone number assigned to the Customer can be changed by Mobilsi World Communications for reasons imposed by competent authorities or by reasons of reorganizing Mobilsi World Communications with at least 30 (thirty) days' notice of such change to the Customer, if the law does not require another term. The modification of the phone number according to the conditions of this paragraph does not grant the Customer the right to recovery of damages.
2.1.3. The Roaming Service
The Roaming Service will be offered against fees, as specified on the webpage www.mobilsi.net.
2.1.4. Other Clauses
Mobilsi World Communications warns the Customer about the possibility of interferences with certain equipments (for example, medical equipment). Mobilsi World Communications will not account for possible prejudices suffered by the Customer in such cases.

S.C.MobiLsi World Communications S.R.L.
Sector 2, BUCURESTI
B-dul Chisinau, Complex Delfinului, nr.1
Telephone: 569.99.99.
Email: office@mobilsi.net
Web : www.mobilsi.net

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