Moldcell Roaming – NOW at Your Disposal

General Conditions of Roaming Service Provision

I Definitions:

Subscriber – a legalentity using mobile telephony services of GSM standard provided by „Moldcell” JV JSC (hereinafter referred to as „Moldcell Company”) on the basis of the Subscription Agreement to an advance or postpaid package.

Roaming Service – a service allowing the Subscriber to use his mobile phone outside the GSM coverage area of Moldcell Company, including the possibility of making and receiving calls to his GSM number while being in the coverage area of the Roaming Operator without signing a Subscription Agreement directly with the operator.

#G0Roaming Operator – a foreign legal entity holding the license for provision of mobile communication services in GSM standard that signed an interconnection agreement with Moldcell Company.

Other notions encountered in the text below shall be defined and understood by the Subscriber in the sense stipulated in the Regulations on Provision of GSM Mobile Telefony Services (General Conditions) published in Monitorul Oficial al Republicii Moldova No. 106 from August 30th, 2001, as well as the Subscription Agreement signed by the Subscriber.

II General Conditions:

  1. Roaming Service is offered only to Moldcell subscribers.
  2. All the debts shall be paid off prior to Roaming Service Activation.
  3. Moldcell Company has the right to cancel the provision of Roaming Service upon creation of debts in the Subscriber’s account.
  4. In case of SIM card loss, the Subscriber undertakes to pay for all the services provided before the GSM line activation request was submitted.
  5. In case of migration to another package that implies SIM card replacement, the operation can be performed only after the expiration of a 2-week term since the date of request submission and the payment of the respective tax.
  6. The tariffs for Roaming Service are applied basing on the tariffs established by the Roaming Operator, except for the cases when Moldcell Company establishes otherwise. The Subscriber can obtain the information regarding the list of Roaming Operators and the tariffs applied by them at Moldcell Service Centers or by calling 444. The list of tariffs presented by Moldcell Company is valid only on the date of its offering and is of strictly informative nature. The tariffs of the Roaming Operator can be modified without prior notification. In case the Roaming Operator changes the tariffs and conditions of Roaming Service provision, the Subscriber shall be charged accordingly starting from the date of modifications application, in conformity with the information received from the Roaming Operator. Moldcell Company bears no responsibility for any direct or indirect damage caused by the actions of the Roaming Operator. If the Subscriber’s package includes minutes, they are not used while charging for Roaming Service. The Subscriber agrees that the tariffs applied in Roaming shall be reflected in the monthly bill, which is to be paid completely. The fact of the Roaming Operator’s delayed provision of the information regarding the charging applied at the moment of using Roaming Service does not deprive Moldcell Company of the right to request and receive the necessary payments from the Subscriber.
  7. For Subscribers having GPRS service activated and willing to activate Roaming Service, GPRS service will be activated automatically only in the case when Moldcell Company has contractual relations in GPRS sphere with the respective Roaming Operator. In this case, GPRS settings in Roaming will remain unchanged. The Subscriber agrees to accept the fact that Moldcell Company bears no responsibility for incorrect usage of this service. The Subscriber has the right to refuse the service by sending an SMS message to the number 434 or by submitting a written GPRS service deactivation request at one of MOLDCELL offices 10 days in advance, otherwise all costs shall be incurred by the Subscriber.
  8. From the moment when Roaming Service implies the provision of services by other operators than Moldcell Company, the Subscriber agrees and accepts the fact that Moldcell Company bears no responsibility for the way, in which the Roaming Operator provides or does not provide the services (including deactivation, lack of coverage or upgrading works conducted by the Roaming Operator).

III Special Conditions of Roaming Service Activation and Deactivation

  1. Roaming can be activated in the following ways:

a. By submitting a written request at one of Moldcell Service Centers. The request is submitted for each Roaming service activation for each line. Roaming Service shall be activated according to the operating schedule of Moldcell Service Centers.

Roaming Service shall be provided within 2 hours since the moment when the Subscriber submitted and signed a written request, and since the moment of receiving the advance payment, according to the package conditions, in case it is accepted by Moldcell Company.

or

b. By signing the Agreement on Provision of Additional Services by means of USSD that shall include the phone number of the person authorized to activate Roaming Service for each line belonging to the Subscriber. The request is submitted just once. By signing the given Agreement, the person authorized to activate Roaming shall be able to request its activation, if necessary, by dialing *222# from his mobile phone, pressing the call initiation button and following the menu instructions. Such a means of Roaming Service activation shall be possible from 9:00 till 18:00 o’clock, within 2 hours following the request submission, as well as the reception of the advance payment, according to the package conditions, in case it is accepted by Moldcell Company.

  1. Moldcell Company has the right to request from the Subscriber applying for Roaming Service activation presentation of additional documents to those presented while signing the Subscription Agreement, as well as documents confirming his solvency, such as bank guarantee. The Subscriber’s failure to present the documents requested by Moldcell Company serve as basis for refusing to activate Roaming Service.
  2. Moldcell Company has the right to refuse Roaming Service activation to a Subscriber using Moldcell GSM services for less than 6 consecutive months.
  3. Moldcell Company monitors the Subscriber’s monthly payment of bills. Basing on the given information, Moldcell Company has the right to refuse Roaming Service activation in case when the Subscriber:

a)has debts;

b)for 6 consecutive months has paid the bills with a delay of more than 10 days, taking into consideration the date of payment indicated in the bill.

  1. Moldcell Company has the right to refuse Roaming Service activation to a Subscriber who has previously violated the terms and conditions of Subscription Agreement, which led to unilateral termination of Subscription Agreement by Moldcell Company. Serious violations of the Subscription Agreement can be, but are not limited to the following:

- the Subscriber does not provide the information or documents requested by Moldcell Company according to the conditions of the Subscription Agreement or the present text;

- the Subscriber does not pay for the used services on time;

- the Subscriber has violated the norms of the legislation currently in force, the provisions of the Subscription Agreement or those of the present Conditions;

- the Subscriber has not fulfilled his payment obligations within the terms establishedaccording to the bills issued, including advance payment;

- the Subscriber who is a foreign citizen has no Residence Permit or permanent residence in the Republic of Moldova;

- Roaming activation request was not completed correctly;

- the Subscriber did not provide complete information requested by the Operator (for example, documents confirming the Subscriber’s/authorized person’s identity, address and solvency, if requested);

- the Subscriber’s solvency is unstable;

- the usage of services provided by the Operator for commercial purposes, i. e. for selling, handing over for use or disposing of the Service in any other way to third parties;

- abusive usage of services provided by Moldcell Company that caused perturbations or bypass phenomenon in the GSM network of Moldcell Company or of other Operators or Subscribers;

- any attempt of copying SIM card technical identification data.

  1. While using Roaming Services, the Subscriber is limited by the amount available in his account.
  2. In case the current amounts for the Roaming Service provided are considerable, Moldcell Company informs the Subscriber about these amounts on the phone and has the right to request their payment within 3 days. If the created debt is not paid off within the established terms, Roaming Service will be suspended.
  3. Moldcell Company bears no responsibility for any damages caused to the Subscriber before the submission of line suspension request.
  4. Detailed explanations regarding calls made while in Roaming can be offered only for the period of 3 months from the moment the respective calls were made.
  5. Moldcell Company bears no responsibility for services and their charging, if these are provided by third parties without the authorization of Moldcell Company.
  6. Moldcell Company undertakes to provide full information regarding calls made by the Subscriber in Roaming. The identification of phone numbers in Roaming will be reflected in the detailed bill according to the information obtained from the Roaming Operator, in whose network the call was generated. This information can be offered upon Subscriber’s request and only after the expiration of a 14-day term from the moment the last call in Roaming was made.
  7. The Subscriber accepts the fact that regardless of the package used while in Roaming, the balance in his account may become negative. In case the Subscriber’s balance becomes negative (when the amount spent by the Subscriber exceeds the amount available in his account); the Subscriber is obliged to pay off the entire debt amount within the terms provided in the bill issued by Moldcell Company.
  8. In Roaming, calls to Customer Relations Department 444 are charged according to the tariffs applied by the Roaming Operator for outgoing calls.
  9. Moldcell Company has the right to unilaterally terminate the provision of Roaming Service to a Subscriber of advance package if at the moment of Roaming Service provision the Subscriber’s account becomes negative and is not refilled within 3 (three) days from the moment an SMS notification was sent.
  10. Moldcell Company has the right to analyze the Subscriber’s payment history before allowing to activate Roaming Service. Moldcell Company has the right to refuse Roaming Service activation in case the Subscriber has debts or/and bills that had not been paid by the deadline fixed by Moldcell Company (the 16th day of each month).
  11. In order to deactivate Roaming Service, a written request is to be submitted to any Moldcell Service Center or the authorized person should dial *222# from his mobile phone, press the call initiation button and follow the menu instructions.
  12. Roaming Service can be deactivated according to the operating schedule of Moldcell Centers in the case of written requests, and from 09:00 till 18:00 o’clock in the case of USSD requests. Requests submitted before this time period will be processed on the following day, starting from 09:00 o’clock.
  13. In case the Subscriber is near the boarders of the RM and his terminal equipment is preset for automatic network selection mode, the Subscriber shall bear all the costs for calls made in case the terminal selects another operator’s signal. The Subscriber assumes full responsibility for using the mobile phone and choosing the Roaming Operator. The Subscriber agrees that in case of automatic network selection by the mobile phone, Roaming Operators may vary and hence, the tariffs of the selected operator shall be applied. Nevertheless, the Subscriber accepts the probability that in boarder regions the Roaming Operator may be selected automatically from the list of operators of the neighboring country, therefore, the visited country may not serve as basis for refusing the payment in case an operator from the neighboring country was chosen. In such cases, the Subscriber shall duly pay the presented bill. In order to avoid additional expenses, the Subscriber needs to set his mobile phone for manual network selection mode and/or suspend Roaming Service when in Moldova.

The conditions of the present offer are applied to all Subscribers of Moldcell Company who have signed Subscription Agreements, and are an integral part of the Subscription Agreement from the moment the Subscriber requests Roaming Service activation for the first time.

Please, keep the present conditions for reference.

By submitting a request to Moldcell Company and/or by activating Roaming Services by means of USSD menu, the Subscriber confirms his complete understanding of these conditions and the consequences of Roaming Service activation, as well as declares that all the clauses of the present conditions are clear, expressing his full agreement with the content thereof.

The activation of Roaming Services by the Subscriber is considered as the manifestation of the Subscriber’s agreement to accept the conditions of the present offer, and that no claims will be further accepted. An activation or/and deactivation request completed by means of USSD menu shall be considered a voluntary and judicious action undertaken for ensuring proper use of Roaming Service and the assumption of responsibility for all the consequences caused by its usage.

Moldcell Company bears no responsibility for incorrect usage of Roaming Service by the Subscriber, and it cannot serve as basis for refusing to pay for the provided services. Roaming Service cannot be provided by Moldcell Company to minors.

The present conditions concern legal entities.

The present conditions take effect on October 26th, 2007.

MOLDCELL

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