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GENERAL CONDITIONS FOR THE PROVISION OF PUBLICLY AVAILABLE ELECTRONIC COMMUNICATIONS SERVICES
Victoria Mobile
Issued in accordance with § 63 of Act No. 127/2005 Coll., On electronic communications and on amendment to some related Acts (Electronic Communications Act), as amended (the "ECA"), the provisions of § 273 of Act No. 513 / 1991 Coll., the Commercial Code, as amended, and Act No. 284/2009 Coll., on payments.
Effective 1st 9th 2013
Article 1 Scope of the General Conditions
1.1 Co include: These Terms and Conditions ( " VP ") regulate the conditions for the provision of publicly available voice prepaid mobile electronic communications services in accordance with relevant internationally recognized standards in the Czech Republic and the related additional services, including value-added services ("the service "or " Services ") , as well as the execution of payment transactions in accordance with Act No. 284/2009 Coll . , on payment hundred - ku, as amended , in the manner provided for in Article 11 of the VP (the " Payment transaction " ) under the trade brand " Victoria Mobile" Data company Incorporation Ltd., established Velaslavin , Wednesday
15/367 , PSC 16000.zapsanou in the Commercial Register of the Municipal Court in Prague, Section B , File No. 71882 , IC26120330 , DICCZ26120330 on the basis of subscriber contracts for the provision of publicly available ser-vices for Electronic Communications ( hereinafter referred to as "Subscriber Agreement" , respectively . "Agreement") .
01.02 Mobile network: Services are provided through a mobile network of electronic communications operator T -Mobile , as operated under the name T - Mobile (
" Victoria Mobile" ), or contractual operator ( hereinafter referred to collectively as the " Sites"). The availability of services is subject to the coverage area networks , the technical capabilities of the network and other factors, especially physical ones, which can affect the quality of the provision of the Services . The areas covered by the Mobil- networks are shown on the relevant radio signal coverage . Maps are available on the website www.victoriacard.cz (the " Website " ) .
MobileVictoria does not warrant that the areas shown as covered by the relevant radio signal reaches each participant connect to the network.
03.01 Basic services: Prepaid mobile voice service enabling the SIM card , which is assigned a phone number , screen phone calls arising in mobile networks and ingested phone calls, and implement free calls to emergency numbers , including location of the caller. < / P>
01.04 Additional services:
a) Victoria Mobile INTERNET - Prepaid mobile data services is mediation participants' access to broadband Internet services based on the assigned telephone number; service is intended for use in a mobile phone. In case of a successful connection to the cellular network Victoria Mobile guarantees a minimum speed mobile data services to 16 kbit / s
b ) Victoria Mobile CALLS ABROAD - a subscription service that allows a conse - tion of voice and data services to Victoria and Mobile Networks contractual operators abroad (roaming).
c ) Other additional services currently offered in the offer at Victoria Mobile Internet pages .
05.01 Participant and the user: Subscriber means any natural or legal person who shut- boiled with Victoria Mobile contract (hereinafter referred to as " Participant") . User means any person who uses the Serve - bu (hereinafter referred to as " Users").
01.06 Terms and Conditions : These VP form the " Terms and Conditions " with a price list .
07.01 Contract: Mobile Subscriber and Victoria acknowledge that the torn envelope package enabling the SIM card subscriptions , sending access codes via the Internet pages Victoria Mobile , or otherwise specified for a particular service, not later , however, upon the first login SIM card to the network , the contract is properly closed .
Subscriber from that moment agrees to comply Victoria Mobile Terms and guidance on the use of SIM cards , mobile phone or other equipment allowing subscriptions .
contract is also concluded by transferring a number from another provider to Victoria Mobile. The carried forward -tion number from another provider to Victoria Mobile, it is necessary that the Subscriber bought SIM card with the Victoria Mobile SIM card and this sent SMS
Article 2 Rights and obligations Victoria Mobile
01.02 Victoria Mobile undertakes in particular:
a) (quality of services ) to provide services in the usual quality to reasonable requests of participants were satisfied in accordance with the Terms and Conditions
b ) ( maintenance of the network) to keep their networks in such a technical and operational condition in order to maintain normal quality stipulated by the relevant laws and standards
c ) ( troubleshooting ) remove defects resulting Networks or devices to Victoria mobile
as soon as possible , that is, no later than five calendar days in cases where it is technically possible. Similarly, the Victoria Mobile proceed even when the defect is caused consequences of circumstances excluding liability under the Commercial Code (Act of God )
d ) (complaints ) to allow the Subscriber to submit complaints and fault reporting of services provided ; Victoria Mobile has in such cases the right to verify whether the defect is by traffic on telecommunications terminal equipment, to the
e ) publish in accordance with the general measure CTO issued by the quality of service .
02.02 Victoria Mobile is except as allowed under the other provisions authorized in particular :
a) (maximum call duration ) Victoria Mobile is entitled to suspend the call after 70 minutes
b ) ( setting limits ) set limits for the provision of services , particularly financial, which will usually relate to a set period of time (eg day billing period , etc.)
c ) ( number change ) change your phone number without the consent of the Participant. Such a change would Victoria Mobile Subscriber informed as soon as possible , and if it is technically possible , Victoria Mobile Subscriber shall notify the amendment no later than 5 calendar days prior to its implementation . Victoria mobile will inform the calling party's voice through automated or other means of updates to phone numbers in networks
d ) (protection of networks and services ) introduce additional ways to protect the network and services , if it considers that the introduction of such protection is for the benefit of the Participant or the Network,
e ) (Fair User Policy - " FUP " ) to provide additional service to Victoria Mobile Internet applying the rules FUP . Volume FUP limits are listed in the Price List . For a daily rate of FUP limit is calculated for each calendar day the connection ; At midnight, counting FUP limit reset. For postpaid packages with FUP limit is calculated for a specified period of validity, from the time of activation. When restoring a package counting FUP limit reset. On reaching the FUP limit is the speed standard type of connection slowed down to 16 kb / disabled FTP connection type , Video - stre aming ( iTelevize , youtube , stream.cz ... ) . The service does not allow P2P connection type .
Article 3 The rights and obligations of participants
03.01 Participant is entitled in particular:
a) ( Taking provider) to properly use the Services, which have been established,
b ) (creation, modification and deletion provider) request to the extent and in the manner corresponding to these VP establishment, setting changes and cancellations specific Services ,
c ) (complaints ) apply to Mobile with his Victoria -based fault and claims
d ) ( Taking Services rendering a third party - ban ' resale ' ) to allow the use of a third party
as a User. If the Subscriber require a user fee for use of the Services or allow if use of the Services in connection with its business activities may do so only with the prior written consent of Victoria Mobile , for which grant is authorized solely by the Board. Legitimate holder of the number of allocations of phone numbers through the Serve - would be provided by these VP remains even in such a case, Victoria Mobile. To others is the use of those numbers to provide their own electronic communications services under any circumstances. Issuing Services for the services of another entity is prohibited. Provision of electronic communication in the network by others without a contract according to § 79 et seq . ZoEK is prohibited. If the Subscriber's request for consent by Victoria Mobile handled within 6 months from the date of its receipt, it shall be deemed that consent was not given. In the event of failure to obtain consent Victoria Mobile Subscriber is obliged to replace Victoria Mobile 's full potential damage that a breach of that obligation arose ,
e ) (right to information ) to ask Victoria Mobile on information about Services of provided a caller on their settings , the debt of the Participant , of data relating to specific connections made like Victoria Mobile shall disclose such information only if the participant or the participant's representative to fulfill the conditions laid down by the identification Victoria Mobile to provide such information
f ) use in terms of providing network services contract operators with the exceptions laid down in these VP .
02.03 The Subscriber undertakes in particular:
a) (PIN and PUK ) The Subscriber undertakes to protect the SIM card permanently plugging the PIN number . The Participant is obliged to ensure the PIN and PUK from misuse by third parties. If the PIN is entered incorrectly 3 times in a row , the SIM card is blocked and unblocked it can PUK code. If the PUK is entered incorrectly 10 times in a row , will permanently block the SIM card.
b ) does not make changes to the network equipment including SIM cards or do these devices in any way interfere
c ) (used services on the sole authorized ways ) to use the Services only in a manner that is accordance with these VP , written instructions and guidelines and which can adversely affect the operation of the Network or any part thereof or quality of services provided to others. Subscriber acknowledges that the breach of an obligation under this provision may be particularly use SIM cards Mobile Victoria in plants of mineral , which allow connecting calls routed from another network to the mobile network or vice versa ( eg GSM gateway) , and enable the users of one communication operator with users of another operator , ie in particular the interconnection of calls that originally incurred in the mobile network to the mobile network or to the network of another operator without any other operator had with Victoria Mobile valid agreement for interconnection ,
d ) (used approved equipment) use the Services only through telecom- tion terminals or other devices that meet the technical requirements for operation in Networks in the Czech Republic. Victoria Mobile reserves the right to determine that the use of the Services through certain communication equipment Participant is entitled to require the prior written consent of Victoria Mobile. If the Subscriber's request for consent by Victoria Mobile executi - on within 6 months from the date of its receipt, it shall be deemed that consent was not given,
e ) ( protection of networks and services ) to use additionally introduced ways to protect networks and services , if it is for the benefit of the Participant or the Network,
f ) ( paying the costs for services ) duly and timely pay for services rendered in accordance with the VP of - their names with Article 4 , including charges for use of network operators and contracting for the payment transaction g ) (data protection ) to protect personal and identifiable information subscribers and users, traffic - her location data and confidentiality of individuals and legal persons in the provision of Service that when using the Service learned
i) (personal discussion) arrive at the written request of Victoria Mobile severe appro-val of service delivery in person to discuss things and follow the given instructions The link -ing Victoria Mobile ,
j ) ( responsibility for any user) to familiarize the third person , which allows use of the Service , the Terms and Conditions and other important information issued by the Victoria and Mobile for the services . The participant is responsible for the actions of this person in the purchase of services to the same extent as if it acted alone ,
k) ( abuse of benefits ) misuse of benefits under the tariff or mar -dumping action ; misuse means, inter alia ( a) artificial or automatic generation of calls or messages
( b ) the use of benefits primarily for the purpose of obtaining any other financial or other benefit a party or . third parties , beyond conferring a benefit, to the detriment of Victoria Mobile and ( c ) the use of benefits in excess of the maximum range of predictable behavior of the participant , unless the participant proves that it was a standard use of the Service .
Article 4 Prices and payment terms
04.01 Prices are set forth in the Price List : Price list containing valid price conditions and prices The service is available on the website. Price adjusts charging for services in the tariff. The fare is a set of prices for individual services and specifies the conditions under which those prices or discounts and the free units apply . Included in the tariff service can be separately toll free ( " free ") or . conditions for a minimum charge of Credit.
04.02 The obligation to pay the price for services : Participant is obligated to pay for the cost of services under the conditions and in the amount specified in the Price List valid at the time of the Service.
4.3. Kredit: Služba je poskytována jen do vyčerpání hodnoty (dále jen „Kredit“) předplace-né pro danou Službu Účastníkem. Kredit představuje hodnotu služeb Victoria Mobile a Obchod-níků (čl. 11.3), které je Účastník po dobu platnosti Kreditu oprávněn čerpat.
04.04 The validity of credits and drawdown conditions: Period of validity of Credit is 180 days from the first log -tion SIM card with Pre- Credit in the network or increase ( recharging ) of Credit in the manner provided Victoria Mobile. If during the term of the Credit Subscriber further top up their credit , extend the validity of credit by 180 days. The participant is obliged to use credit during the period of validity . On expiry of this period, the remaining credit is considered to be exhausted, but can be renewed if the parties during the duration of Credit recharges again . Victoria Mobile does not pay any compensation for unused credits.
04.05 Exhausted credit : Victoria Mobile is entitled, without prior notice stitched interruption of supply for exhaustion credits, and even during a call , send messages , data connection or use other services . Information on the current level of Credit - control displayed for participants is only approximate. If in doubt about the amount of credit is a crucial figure in the billing system, Mobile Victoria .
06.04 By employing The services will reduce the credit . Bills can not be issued : Victoria Mobile has the right to decrease Credit in the amount corresponding price for the Service in accordance with the Price List valid at the time the service was used by the Subscriber . If the current level of Credit is not enough to pay for the Services and the Participant without undue delay Credit to the required value of the lack - beats , Victoria Mobile has the right to pay the price for the Services . Victoria Mobile not draw a regular or one-off billing.
07.04 Bonus Credit : Credit is provided beyond the normal credits in the marke - tingových events. The bonus credit can be drawn on all services except Information services, and payment transactions. The bonus credit has its own period of validity independent of the current Credit. The bonus credit can not be drawn if the current credit exhausted . In the case of the provision of additional bonus credit does not extend the period of validity of the previous bonus credit , or not renewed bonus credit , which expired . The payment for services is always before preferentially pumped bonus credit .
Article 5 of the collection and use of any data on participants
05.01 Database Participants : Victoria Mobile keeps a database of their subscribers and users ( hereinafter referred to as "data subject ") containing a personal identification data and operational processes and localized begins with data relating to the provision of the Services ( "Data " ) . Personal and identification data of data subjects shall mean the particular name , surname , address , social security number / identification Katori , birth date, business name , registered office, place of business , identification number, number of submitted documents , telephone number, e - mail connection to the data subject voluntarily provided within the identification or . obtained marketing surveys and further information about top-ups. Traffic data means any data processed for the purposes of transmission of messages over electronic communication networks or for billing (by telephone calls, da -residential transmissions, SMS messages and other Services provided by Victoria Mobile) , particularly the calling number ( A- number) the number ( B -number), address data connec-tion ( eg, URL address) , date , time, duration of the transmission , the type of services provided , information on service use and the type of bonuses and behavior of participants, etc. Localisation data means any data processed in electronic communications network , indicating the geographic position of the terminal equipment of data subjects, in particular the number , name and location of the network termination point like Victoria Mobile undertakes that the data will only be managed in accordance with this Article and the relevant legislation , in particular the electronic Communications Act and the Act No . 101/2000 Coll . , on the protection of personal data and amending certain laws, as amended ( hereinafter the " Privacy policy " ) . Victoria Mobile protects data at the maximum possible extent of the technical level of available resources.
05.02 Scope of data processing : the data acknowledges and agrees that Victoria mobile process data manually as well as automatically or by the persons listed in paragraph 3 of this Article and that it is authorized to collect, process (in terms of ZOOÚ ) and use it for the purposes stipulated by the relevant laws and for the purposes of providing and Protection of networks , services and payment transactions, including related operations , billing services and third Party Services and execution of tasks related to the above , and to the extent necessary to fulfill the above purposes and for the period necessary to achieve the listed purposes , for a maximum duration of the contract or until full settlement of the rights and duties of Treaty or the time stipulated by relevant laws and regulations, unless these VP otherwise .
03.05 Sharing data with other entities : the data subject agrees that the network operators and providers of electronic communications services may mutually exchange data related - tion with the provision of services , especially data on the merging parties to provide interconnection and of the approach to the network, to the mutual billing and to prevent misuse of the network and electronic communica-tion , and that Victoria Mobile is further authorized to release information to the extent , for a period specified in this Article to those who represent Victoria Mobile , or otherwise lawfully protect its interests , event . primarily involved in creating, offering, modification , provision and operation of the Services and Payment Transactions or the operation and maintenance of networks and systems for the provision of services, or persons with Victoria Mobile form a syndicate .
05.04 Processing of data for marketing purposes : the data acknowledges and agrees that Victoria Mobile itself or through your sales representative or the persons referred to in paragraph 3 of this Article shall be entitled to process data and classify them according to individual categories for the purposes of offering trade , services, or products and services of third parties for value-added services , for marketing and commercial purposes Victoria Mobile and other operators, telemarketing, market research and for the purposes agreed with the data subject , and to the extent ja - cal data were provided to the data subject, or result from the nature of services provided or in which Victoria won the Mobile services or the provision of services to them asso-ciated , if necessary to achieve the purposes referred to in paragraphs 2 and 3 of this Article Victoria Mobile is entitled to process location data for the above purposes for a period of three months from the date of their creation . Victoria Mobile is entitled to process data with the exception of location data for the above purposes after the term of the contract , respectively . in full settlement of rights and a duty of the Treaty, or . the time stipulated by relevant laws and regulations or in accordance with, or after the period specified by VP . The form of the expression of the will may provide Mobile Victoria and this form of expression of the will may vary according to the type of consent . He took the data subject is its consent to data processing back in accordance with paragraph 8 of this Article and do the above- described act , it shall be deemed that once again the above-described processing. This re- consent to data processing also applies to data collected at the time consent was given, unless the law provides otherwise . The data subject agrees that Victoria Mobile authorized for the purposes specified in paragraphs 4 and 5 of this Article continue to process the name , surname , address and other contact details ( including telephone number and e - mail connection ) the data subject and the settlement of rights and obligations under the Contract for the pur - ly offering products and services .
05.05 Business communication : the data subject agrees to keep it informed the Victoria Mobile about their services and products , respectively . about the services and products of other entities , usually indicated as a business communication (or just " OS" ) , and using their postal addresses , email addresses , telephone numbers , via automated calling machines , fax or other similar means including telemarketing . < / p>
05.06 Participant List : The data subject is entitled to ask Victoria Mobile to Victoria published his mobile telephone number in a directory, with his name , surname , address and telephone number , if necessary . and the name, address or place of business , address, electronic mail, or . other agreed data and information about whether the data subject does not is to be contacted for marketing purposes . Victoria Mobile is entitled to verify the accuracy of the data and in cases of reasonable doubt, not to disclose information . If the data subject requests the publication of the previous sentence , the data will be accessible through mobile information services Victoria based queries and Victoria Mobile will also provide the above-mentioned data of data subjects people in charge authorized by ECA or on its basis to issue a list of subscribers or the provision of information services. If the data subject may request disclosure of the data agrees with searching for detailed contact information about a person based on his behalf or possibly other data , such as searching by activity .
05.07 Monitoring communications with Victoria Mobile : the data further notes that the report and the data that you exchanged or transferred with the focal point Victoria Mobile ( at its premises or through publicly available electronic communications services ) may be made by Victoria Mobile monitored , and solely for the purpose of collecting evidence of completion of the transaction , the internal control of the services (improving quality and employee training) and also protection of the rights of Victoria Mobile. Monitoring is to be understood as recording voice or data correspondence .
05.08 Appeals consents : The data subject may at any time revoke his consent to the processing of data according to paragraphs 4, 5 and 6 of this Article , an explicit, comprehensible and clear expression of the will (eg by letter, call the customer service line , or other means provided on the Website) , after proper identification of the data subject. Processing of the data subject under the Act can not refuse. The data subject is in the use of value-added services to temporarily refuse the processing of location data in accordance with paragraph 2 of this Article for each connection to the network or transmission of the message , and the manner laid down by the Victoria Mobile. The data subject is entitled to refuse to consent to the use of electronic contact even in connection with sending each message.
05.09 Right to information : The data subject has the right to information about data that Victoria mobile itself or through a person referred to in paragraph 3 of this Article processes , and the right to rectify , to the extent and under the conditions laid down in § 12 ZOOÚ . If the data subject , the Victoria Mobile processed data in violation of the protection of private and personal life or in conflict with the law, the data subject has the right to ask for an explanation Victoria Mobile , or removal of such a state , especially blocking, repair, addition or disposal. If it fails Victoria Mobile data subject's request for clarification or Troubleshooting - Joint condition according to the preceding sentences , the data subject is entitled to contact the Office for the Protection of Personal Data, as well as directly . Other data subjects' rights , and other information for processing data are given in § 21 ZOOÚ in § 88 of the Electronic Communications Act and on the website. Removal or correction under paragraph 8 and 9 of this Article shall be made within a reasonable time , which corresponds to the technical and administrative capabilities Victoria Mobile.
Article 6 Complaint
01.06 The deadline for filing a claim : Claim to bill the Subscriber is entitled to apply for Victoria Mobile ( calling the hotline Victoria Mobile) without undue delay, within two months from the date on which the Services . Filing a complaint does not suspend the obligation to pay the prices charged for the services .
06.02 The complaint provided the Subscriber is entitled to apply for Victoria Mobile ( calling the hotline Victoria Mobile) without undue delay, within two months of defective provision of the Services , or the right expires .
06.03 Claims of manufacturing defects (SIM cards , recharge coupons) Subscriber can apply for via the customer helpline Victoria Mobile.
04.06 Complaint handling : Victoria Mobile is obliged to settle the claim without undue delay and no later than one month from the date of receipt of the complaint. If required by claim settlement negotiations with a foreign operator , Victoria Mobile is obliged to settle the claim within two months of its receipt.
06.05 Recovery of payments : In case the complaint is found justified , the participant vi in one month from the settlement of a claim for a refund of the claimed services, goods or amount erroneously billed by increasing (recharging ) of Credit .
Article 7 Restrictions or interruption of Services rendering
07.01 Victoria Mobile is entitled to a period necessary to limit or discontinue the services , as follows:
a) ( network security ) serious technical or operational reasons , especially if there is a significant reduction in network security and integrity as a result of damage to or destruction of electronic communication devices
b ) ( state of emergency ) in case of a crisis , especially if the state of emergency , natural disasters, threats to national security , epidemics ,
c ) (legal reasons) in the case of Victoria Mobile to such limitation or interruption it will be required by applicable law or decision of a public authority CR
d ) ( abuse provider) is reasonable suspicion that the participant or a third party through the Subscriber's terminal misusing or abusing the Services or use the Services manner that may adversely affect the operation of the Network or any part thereof or quality of service, or . seriously violates the rights of others. Abuse is considered, and use of the Services in any other way than specified in the VP , respectively . Price List. Victoria Mobile is entitled NEN monitor network operation and use other appropriate technical means to determine whether implementation of the Rila misuse of the Services .
e ) ( overshoot ) Participant exceeds the financial limit set by point 2.2 .
07.02 Victoria Mobile is entitled to restrict or suspend the provision of all services, except for making calls to the emergency services in the event that the Subscriber despite the warning:
a) ( violation of obligations) violates the Terms
b ) (unapproved services ) uses the Network and Services for purposes other than those defined in Article 1
c ) (unapproved devices ) uses equipment that do not meet the technical requirements for operation in the Czech Republic
07.03 The instrument affecting Networks: Victoria Mobile is based on the consent of the CTU Do NOT entitled to govern , disconnect or disable the operation of a device that meets the technical requirements , but It causes damage Networks harmful interference , or impairs the functionality of networks . In exceptional circumstances, Victoria Mobile after fulfilling the conditions laid down by law entitled to disconnect the unit without the consent of the CTO , it is necessary to protect the network .
04.07 Restore Service Provider: If the Subscriber defective condition under previous provisions at the time which provides Mobile Victoria , Victoria Mobile resume providing services in the original range.
Article 8 Establishment, change and cancellation The services
08.01 Establishment of services: Service is established upon the first login SIM card to the network . The package with the SIM card may be a deadline by which it is necessary to first login SIM card to the network . After this period, Victoria Mobile is not required to establish service .
08.02 Filing an application for change of setting up public services : Request for changes to the services , after - giving manner and under the conditions set out in the price list or put on the website of . The request for change must always contain the information required for the change and it must be sufficiently definite.
08.03 Approval of an application for a change: Victoria Mobile approve or reject the request for change within 5 working days of receipt of Victoria Mobile , if the Participant meets the conditions under which the change is made. Approval of the means required changes .
04.08 Change details: Participant is obliged to inform Victoria Mobile without unnecessary delay after the change of identification data that participant told Victoria Mobile.
8.5. Duration of contract: The contract is concluded for a definite period, for 12 months. If a subscriber recharges credit within 12 months of execution of the Agreement , the Contract shall be extended for a period of put - Ších 12 months from the date of recharge Credit. After each subsequent charging of Credit for the duration of the contract renewed for a period of 12 months from the last recharge Credit. Termination of the remainder of Credit shall be forfeited and Victoria Mobile does not pay for unused credit any refund or transfer its value to another SIM kartu.8.6 . Termination , restriction , suspension The services from the Victoria Mobile : In the event the Subscriber violates the provisions of the Treaties Conditions or fails to charge the credit with the expiry of the said period , he may Victoria Mobile interrupt , restrict or terminate the Services. Terminate the provision of services is terminated the Contract . When you enter the wrong PUK code , the Participant withdraw from the contract with immediate effect.
8.7. Repeal The services of the Participant : The participant is entitled before the deadline referred to in paragraph 5 of this Article to cancel the contract services solely in connection with the transfer of numbers , as determined in accordance with paragraph 8 of this Article
8.8. Number Porting : To transfer a number from Victoria Mobile accordance with Article 5, paragraph 1 general measure OOP/10/10.2012-12 Participant is obliged to ask Victoria about Mobile communication ČVOP by sending an SMS from a phone number through which the Services are provided will be canceled within four working days of receipt ČVOP accepting providers . The number will be transferred in the event that at the time the delegation will be exhausted Credit .
Article 9 Liability and damages
01.09 Exemptions from liability : Victoria Mobile is not obliged to pay the Subscriber or . TAKE - Teli , liquidated damages or lost profits , arising as a result of :
a) limitation , interruption , failure or defective provision of the Services ,
b ) exceeding capacity limits, defects , repair or maintenance of the Network or a part thereof, or . nature of the technology used
c ) amendments to the Treaty other than written form
d ) loss, theft , disclosure or misuse of access codes , identification keys , PIN , PUK and all other codes that the Subscriber has a duty to protect against loss, theft , disclosure and misuse (the "Code " ) .
09.02 Responsibility Victoria Mobile : In other cases not covered by paragraph 1 of this Article for damage Victoria Mobile corresponds to three times the average monthly payment for services in each case .
03.09 Responsibility of Participant: The participant is responsible for damage that occurs as a result of Victoria Mobile :
a) violation of the Terms or violation of applicable law by the Subscriber and User ( third party) , unless the Subscriber opposite,
b ) the use of telecommunications terminal equipment or other equipment which disturbs pro- Exports Networks ,
c ) unauthorized interference with the end points of the network , SIM card , Trailing- telecommunications equipment or other equipment
d ) the use of telecommunications terminal equipment or other equipment that is no intended for operation in the Czech Republic or which does not meet the technical requirements set him special legal regulation
e ) damage to networks or devices including damages in respect of such third - oso vices .
04.09 Misuse services and Codes : The participant is responsible for the misuse of the Service , SIM card , code, telecommunications terminal equipment , as well as for rewriting the code IMEI terminal and for damage caused by Victoria Mobile. The Participant is obliged in that case to pay the price for the Services until such time as Victoria Mobile delivered to the Subscriber written notice of the misuse or theft of SIM cards , misuse or abuse of the Code or theft ends - tion or other device.
9.5 Victoria Mobile is not responsible for the content of messages.Article 10 Law and jurisdiction
01.10 Czech legal order , the Commercial Code : Contract and all obligations arising under the Agreement and VP are governed by the laws of the Czech Republic. The Parties agree that the obligations arising under the Agreement and VP are governed by Act No. 513/1991 Coll . , The Commercial Code , as amended.
02.10 The power CTO , courts, and CNB Financial Arbitrator : In disputes between Victoria and Mobile Subscriber or . Users resulting from contractual relations governed by VP or under the jurisdiction CTO . The courts have jurisdiction in cases and under the conditions laid down by law. Court for a final judicial manage-ment led to a foreign person is always a trial Czech Republic territorial jurisdiction over the seat of Victoria Mobile. Regarding the powers and jurisdiction of the CTO previous sentence shall apply . Supervisory authority for payment services pursuant to Article 15 VP and Act No. 284/2009 Coll . the Czech National Bank , headquartered Senovážná 3 , 115 03 Praha 1 (www.cnb.cz ) regarding disputes relating to the payment service can file a petition to open proceedings before the Financial Arbitrator pursuant to Act No. 229/2002 Coll .
Article 11 Payment transactions
11.1. Participant is entitled to enter orders for payment transactions : The participant is in addition to the use of electronic communications networks shall be entitled to enter through a technically capable end devices (electronic communication device ) commands to Make - it transfers funds to the payment accounts of persons who have concluded contracts with Victoria - Mobile vu about the conduct of such accounts ( hereinafter referred to as the "Partners " ) procedure under paragraph 2 of this Article ( hereinafter referred to as "Payment transaction" ) . For the purpose of these services is VP Payment transactions shall be considered part of the Services , unless the context of the concept of service implies something else.
11.2. Methods enter the command: Command to execute payment transactions may be entered fol - lowing ways:
a) calling for some time for a phone number with a special prefix (called Audiotext )
b ) by sending an SMS or MMS with the specified character string to a specific number ( called Premium Premium SMS or MMS )
c ) confirmation command on a specific link on a web or WAP page dedicated partner of (these steps hereinafter " Entering " ) . Amount of the payment transaction ( ie, the amount to be based on the order to execute the payment transaction transferred ) is calculated according to the length Audiotextual line length data connection , or sent by Premium SMS or Premium MMS, or determined by reference to the web or WAP page. For more information and binding parameters of payment transactions are listed in the Price List .
11.3. Payment transactions can pay for: Payment transactions referred to in paragraph 2 of this Article , the Participant may pay for goods and services provided by partners or persons They provide their services in accordance with the terms and Victoria Mobile partner ( and these persons hereinafter " Merchants "), which may be the goods or services which are:
a) provided or delivered by mail or courier , taken in person at the premises, issued electronic devices or otherwise , or delivered via electronic commu - nication Subscriber , but used other means (such as SMS tickets, e - tickets );
b ) delivered by electronic communication equipment which will be used through electronic communication equipment.
11.4. Procedure for Payment Transactions : Typing participant's consent to execute the payment transaction. This is true even allowed to enter the command to execute the payment transaction to another person. This command is accepted by the Victoria Mobile at the time you finish entering the command , unless rejected without undue delay . The participant can no longer revoke the payment order or your consent to the payment transaction after it has been accepted by Victoria Mobile. Victoria Mobile based on the specified command from the Participant will reduce the amount of credit Payment transaction.
05.11 The rights and obligations of participants and Victoria at Mobile payment transactions are governed Contract and payment transactions intended to pay for goods and services that are not
services or goods referred to above in paragraph 3 . b ) of this Article , whether or not the provisions of community - NYCHA regulations governing payment service agreement (Act No. 284/2009 Coll . , on payment ) . The participant uses other than Prepaid service is also entitled to request at any time during the validity of the termination of the services of payment transactions. Participation -Nik loses the right to give orders to execute the payment transaction no later than one month from the receipt of the request. From now on, Victoria Mobile Subscriber will not accept applications on implementation of the payment transaction.
11.6. Victoria Mobile, transfer of funds : Victoria Mobile ensure that cash middle - ky were credited to the accounts of the relevant Partner within two business days after placing the order for execution of payment transactions; adjustment periods for the execution of payment transactions in the Payment System Act does not apply . Victoria Mobile is responsible for incorrectly executed transaction to the relevant Partner.
11.7. Victoria Mobile may set limits: Victoria Mobile is entitled to set financial limits per day and per billing period. In case of exceeding the financial limit of participants is Victoria Mobile is entitled to refuse the transaction. Financial limits and certainty are adjustments - ny in the Price List . Victoria Mobile is also entitled to set limits on a payment transaction or a spending limit.
11.8. Payment transactions in the account : Participant may inform conducted of payment transactions through the customer hotline Victoria Mobile. The requesting party must demonstrate that it is legitimate parties to submit SIM card for which the information is requested .
11.09 Protect members against abuse of a duty to report the loss of equipment : Participant is obliged to take all reasonable measures to protect electronic communications equip-ment . In case of theft or loss of electronic communication devices participant has a duty to report this fact immediately Victoria Mobile. The notification may be made at any time, announcing the hotline or written notice , with on the basis of the per - blocked implementation of payment transactions and the provision of services . Breach of this duty of participants is considered a serious breach of the Agreement by the Subscriber .
11.10. Complaints in relation to payment transactions : The participant is required to submit any complaint against the execution of payment transactions ( ie as defined in paragraph 2 of this Article the call was not made, the SMS has not been sent , bill length or number of calls / units not meeting the operating data logger command was entered from a lost or stolen electronic communication device , the participant did not consent to the payment transactions , etc.) without undue delay and no later than two months from the date of the order for payment transaction procedure referred to in Article 6 paragraph 13.3, the payment transaction apply mutatis mutandis. After the deadline , it is considered that the payment transaction was carried out with parameters corresponding to the stripped -mu Credit. Victoria Mobile bears the burden of proof regarding the terms of payment transactions in accordance with § 120 paragraph 1 of the Law on Payments.
11.11. Liability for Subscriber of payment transactions : The participant bears the loss from payment transactions executed through a lost or stolen the electronic communication device within the Services to the equivalent of 1,500 euros . However, if a participant that their loss was caused by fraud or by knowingly or recklessly violated any of its obligations , such loss shall be borne in full. The participant accepts the loss of payment transactions executed through a lost or from - cizeného electronic communication device if the loss occurred after the Subscriber notification million loss , theft or misuse of an electronic communication device in accordance with paragraph 9 of this Article
11.12. The participant is required to pay Victoria Mobile charges for the execution of payment transactions in the amount of the Price List. The participant who gave the order to execute the payment transaction , the credit by reducing the amount of payment transactions . Filing a complaint pursuant to paragraph 8 of this Article shall not have suspensory effect.
11.13 . Responsibility for the ordered goods or services: Victoria Mobile shall not be liable for defective goods or services paid payment transactions. The participant is entitled to claim from such defects , the failure to provide proper services in a timely manner or failure to deliver the goods only apply directly with the relevant merchant.
Article 12 Delivery of messages
12.01 Methods of communication : Subscriber acknowledges that Victoria Mobile is entitled to Deliver all messages , prompts, alerts , reminders and other communications ( hereinafter "Report " ) in the form of SMS , MMS or call the phone number on the Service, or . to the addresses provided by the participant.
2.12 Message delivery : For purposes of this VP is considered delivered on the message:a) delivered and received by the other contracting party in person .
b ) delivered by the entity providing postal or courier service to the address notified by the Subscriber. Is regarded as delivered a report in which it rejected takeover -ing consignment to the consignee or which have not been collected by the recipient at the time of the deposit , even if the recipient knew about the deposit , or that have been returned as undeliverable Victoria Mobile .
c ) delivered in electronic format by e -mail , SMS , MMS, fax or telegram or entered into the information system of Victoria Mobile for making the participants . For message delivery in the case of SMS or MMS confirmation panel considers that the report was sent to the phone number.
d ) in the case of a voice call is in receipt of the report considers the appeal to save the mes-sage to voicemail operated by Victoria Mobile Subscriber or three futile attempts to invoke it when the individual attempts have passed at least six hours; repeated attempts not need to do this for the call to the number to which you are experiencing abuse services that make it impossible - is to appeal.
e ) delivered in another manner specified in the relevant provisions of the VP .
12.3. Confirmation of voice calls, sending SMS , MMS , send a fax or electronic message or collection of messages Participant ( electronic bill ) is recorded in the Victoria Mobile. If you are experiencing messaging e -mail , it does so only at the request of the attendee , who hereby gives consent to sending e - mail without security .
Article 13 Common , transitional and final provisions
13.1. Terms and their changes: Victoria Mobile is entitled to modify, amend and delete individual documents forming Terms of changing technical, operational, commer-cial and organizational conditions on the Victoria Mobile or the market for the provision of electronic communications services , as well as due to changes in generally binding legislation. Victoria Mobile is obliged to inform the Subscriber of such changes , and to publish the relevant information on the website, at least one month before the effective date of such change.
13.2. When it comes to changing the key elements of the contract referred to in § 63 paragraph 1 point . c ) to q ) ECA or in the case of changes to other provisions , which lead to a deterioration of the position of a party , Victoria is proven Mobile obliged to inform subscribers of their right to cancel the service in question to the effective date of the changes without penalty if the new conditions will not be accepted. When in doubt, decide Systems Victoria Mobile : When in doubt about whether the service was provided or whether an action (call, sending electronic fax messages , collection of reading the entries in the Victoria Mobile , messages, etc.) made is relevant excerpt from the operation panel or the Victoria Mobile roaming operator or competent .
13.3. An integral part of the Contract documents forming the Terms and Conditions and any other documents that are attachments and parts of these documents . These documents and their stories - hefty changes are available on request at the customer service line and on the website. The request may be forwarded to VP Subscriber free of charge .
13.4. These VP come into effect on 1 9th 2013.
