TERMS AND CONDITIONS GENERAL CONDITIONS FOR PROVISION OF O2 PREPAID SERVICE

Transcription

1 TERMS AND CONDITIONS GENERAL CONDITIONS FOR PROVISION OF O2 PREPAID SERVICE O2 Czech Republic a.s., ID , VAT n. CZ , Za Brumlovkou 266/2, Praha 4 - Michle registered in the Commercial Register of the Municipal Court in Prague, section B, file 2322 Prague, date 29th March 2016 Effective from 30th April 2016 Article 1 Introductory provisions 1.1. O2 as a provider: Providing of prepaid publically available services of electronic communications and corresponding services including services with an added value ( Services ) under the trademark O2 conforms to these General Terms and Conditions ( GTC ). GTC furthermore regulate carrying out of payment transactions via end-devices according to paragraph 11 ( Payment Transactions ). O2 provides Services based on a subscribers contract about providing of a publically available service of electronic communications ( Contract ). The Services are provided only until the prepaid value ( Credit ) is used up, the validity of the value is limited Mobile network: O2 provides Services in the Czech Republic in accordance with internationally recognized standards. It provides them via public mobile networks of electronic communications O2 ( Mobile network ). Roaming abroad in mobile networks of contractual partners also conforms to these GTC. Overall O2 Mobile networks and mobile networks of contractual operators are labeled as the Network. Services are available in all areas that are covered by the Network. The quality of Services is influenced by the technical options of the Network as well as physical laws and outside influences from the surroundings. Areas covered with a Mobile network are labeled on the coverage map with a corresponding radio signal. Maps can be viewed at the website ( Website ) Types of Services: Based on these GTC O2 provides two basic types of Services: a) O2 Mobile voice service: enables, using SIM cards with an assigned telephone number, to send and receive phone calls originated in the network as well as to make free calls to emergency lines incl. identification of the calling line. b) O2 Mobile Internet access: enables, using SIM cards with an assigned telephone number, to access broadband Internet services. Subscribers are allowed to add to the above basic services complementary (value-added) services specified in the Price list and the Operating Conditions. SIM card used for the provision of the Service is owned by O Subscriber: Subscriber is understood to mean a physical or legal entity that has concluded a Contract with O Contractual conditions: These General Terms and Conditions form, along with the Price List and Operating Conditions, what is called Contractual Conditions. The Contractual Conditions contain descriptions of Services delivered to the Subscriber as well as further rights and duties of O2 and the Subscriber for a particular Service. 1.6 Contract: Subscriber and O2 agree that the opening of a SIM card package (by unwrapping or any other method specified for a particular Service to enable the pre-paying of the Service) at the latest on the activation of the SIM card in the Network, will be regarded as the conclusion of Contract. From this moment on, the Subscriber shall 1

2 have the obligation to abide by O2 Contractual Conditions and Instructions for the Use of SIM card, mobile phone or any other device enabling the pre-paying of Service. The SIM card package may specify a time period within which the Subscriber must first activate the SIM card in the Network. Once this period expires, O2 shall no longer be obliged to install the Service. In order to port a number from a provider to O2, the Subscriber must buy a SIM card with the Prepaid Service and send from this SIM card an SMS in the following format: PRENOS XXXXXXXXXXX YYYYYYYYY (XXXXXXXXXXX stands for CVOP, a number identifying the termination notice given to the old provider, and YYYYYYYYY stands for the ported number) to line no Individual data in the SMS are separated by a space. Article 2 Rights and obligations of O2 2.1 O2 undertakes to: a) (service quality) provide the Service in the quality in such a way as to satisfy the requirements of the Subscriber in accordance with the Contractual Terms and Conditions, b) (Mobile networks maintenance) to maintain Mobile networks in such a technical and operational status that they enable providing of high quality services, c) (removal of defects) remove defects created in O2 Mobile networks or equipment as soon as possible, i.e. not later than five calendar days in cases when this is technically possible. O2 will also proceed in the same manner when the defect is caused by the Act of God pursuant to the Civil Code, d) (claim) to enable the Subscriber to lodge a claim and report problems of the delivered Services; O2 may in such cases check whether the problem is or is not on the Subscriber s customer premises equipment, e) to publish quality parameters of the delivered Services in compliance with OOP document issued by the Czech Telecommunication Office (CTU). 2.2 O2 is entitled to: a) (determination of limits) determine limits for provision of Services, especially financial ones, which shall usually relate to a set period of time (e.g. day, billing period etc.), b) (change of a number and codes) change the Subscriber s telephone number, user name, IP address or access code due to urgent technical or operational reasons, even without the consent of the Subscriber. O2 shall inform the Subscriber of such change as soon as possible and if technically possible,o2 shall inform the Subscriber of such change no later than 5 calendar days before its implementation. O2 shall also inform Subscribers who call of changes to telephone numbers in the Mobile networks using automatic notifications or in another manner, c) (Mobile network and service security) introduce additional methods of protection for the Mobile networks and Services if they believe that introduction of such protection is to the benefit of the Subscriber or the Mobile network. Article 3 Rights and obligations of the Subscriber 3.1 The Subscriber is especially entitled to: a) (use of Services) to properly use Services that were set up, nevertheless it cannot let them be sold further, b) (installation, modification and cancellation of Services) to request the installation, changes of setup and de-installation resp. cancellation of Service in an extent and manner complying with these General Terms and Conditions, c) (complain) to contact O2 in order to report defects, faults and to lodge complaints, d) (Services used by a third person prohibition of resale) allow a third party to use the Services as a User. If the Subscriber demands payment from the User for use of Services in relation to their commercial activities, they may only do so with the prior written consent of O2, which only the board of directors is authorised to grant. Even in such a case O2 remains the authorised holder of numerical allocations of telephone numbers via which these Services are provided pursuant to these GC. The use of the specified numbers for the provision of own electronic communication services of other subjects is forbidden. It is forbidden to pass off O2 Services as the services of another subject. Without a concluded contract pursuant to 79 et seq. of the Electronic Communications Act ( ECA ), the provision of electronic communications services in the O2 network by other subjects is forbidden. If a Subscriber s request for consent by O2 is not handled within 6 months of its receipt, it shall be understood that no consent was given. In a case of the breach of the duty to gain consent of O2, the Subscriber shall be obliged to compensate O2 in full for any possible damage which was created through violation of the mentioned obligation. 2

3 e) (right to information) request O2 for provision of information about Services provided to the Subscriber, about their settings, level of the Subscriber s outstanding amounts and other information required for settlement of billing or information about data relating to specifically implemented connections etc. O2 shall only provide such information if the Subscriber or the Subscriber s representative meet the conditions for identification as set out by O2 for provision of such information. f) to use, as part of the Service, O2 s business partners and contractors except for those indicated in these General Terms and Conditions. g) (separated roaming) to use roaming services within the European Union permanently from different provider, who concludes a relevant contract with O2. This change of the provider is free for charge and it will be realized within 24 hours from the request for the service transfer at the accepting provider. Concerning the mobile internet connection the services can be used also by one-off consensus with a selected provider. More information about separated roaming is available on our website. 3.2 The Subscriber especially undertakes: a) (PIN and PUK) Subscriber shall protect his/her SIM card by a unique PIN code. Each Subscriber must make sure that both PIN and PUK are safe from any form of misuse by a third party. After three (3) unsuccessful entries of PIN, the SIM card will be blocked. PUK will then be used to unlock the blocked SIM card. After ten (10) unsuccessful entries of PUK, the SIM card will be blocked permanently. b) not to perform changes to Network equipment, including the SIM card, or to interfere with such equipment in any way whatsoever, c) (using Service in permitted ways only) to only use Services in a manner, which is in line with these GC, written manuals and instructions, and which cannot negatively influence operation of the Network or any of its parts, or the quality of Services provided to other parties; the Subscriber agrees that breach of obligation under this provision may include cases such as the use of O2 SIM cards in devices enabling connection of calls originated on telephone numbers of subscribers of an alternative provider to telephone numbers of O2 Subscribers or vice versa (e.g. a GSM gateway) and also a system enabling communication between one provider and subscribers of another provider with the intention to by-pass the existing interconnect agreements, d) (use of approved equipment) to only use Services via telecommunications terminals or other equipment, which meets the technical requirements for operation in Mobile networks in the CR; O2 reserves the right to determine in the Operating Conditions, or as the case may be, in the Price List, that the Subscriber is only entitled to use Services using specific communications equipment with the prior written consent of O2. If a Subscriber s request for consent by O2 is not handled within 6 months of its receipt, it shall be understood that no consent was given; e) (Network and Services security) to use additionally introduced methods of protection for the Networks and Services if this is to the benefit of the Subscriber or the Network, f) (payment for Services) to pay for Services provided duly and on time in accordance with the GC, especially with art. 5, including prices for use of the networks of contractual operators and the Payment transactions, g) (data protection) to protect personal and identification data of Subscribers and Users, operational, localisation data and the credibility of communication of physical and legal entities whilst providing Services, which they learnt of whilst using Services, h) (meeting in person) to meet O2 in person subject to written request to do so due to serious reasons relating to provision of Services in order to discuss matters and to then abide by the instructions of O2 in the matter at hand, i) (accountability for potential Users) to instruct each person enabled to use the Service about the Contractual Conditions and other relevant information issued by O2 concerning the Services. Each Subscriber shall be accountable for all transactions taken by a new person when using the Services in the same extent as if the user was the Subscriber, j) (misuse of benefits) not to misuse benefits granted within a specific tariff or marketing campaign. Misuse means but not only (a) artificial or automatic generation of calls or messages (b) using of the benefits primarily for gaining some financial or non-financial profit for the Subscriber or a third party at the expense of O2 beyond the agreed size and (c) using of the benefits in an extent exceeding a reasonable maximum unless the Subscriber proves that this usage resp. consumption represents a standard Service usage or offers O2 a reasonable explanation of this behaviour. 3

4 Article 4 Price, billing, payment conditions and sanctions 4.1 Prices are given in Pricelists: O2 Price Lists containing the valid pricing conditions and prices for Services can be viewed at Contact Points and are also available on the Website. The Pricelists specify prices in terms of tariffs. A tariff refers to a set of prices for each of the Services and set out conditions under which the prices, or potential discounts and free units, are applicable (weekend, peaks). The tariff may also include services provided free of charge. or conditions for minimum top-up or Credit amount. 4.2 The obligation to pay for the services :The Subscriber is obliged to pay the price for Services provided subject to the conditions and at the level as set out in the Price List valid at the time the Services were provided. 4.3 Credit: The Service will be provided up to the exhaustion of its value ( Credit ) prepaid by the Subscriber for a given Service. Credit represents the value of O2 services each Subscriber may use during the Credit term. During the Credit term, the Subscriber may decide whether to apply the Credit also to Dealer s services (Para. 11.3). Subscribers are allowed to top up the credit in quantities and manners laid down by O2 depending on the values of the distributed top-up vouchers or some other alternatives published by O2 on its web site. 4.4 Validity of Credit and conditions of use: The period of validity of Credit is 1 month from first registration of a SIM card with Pre-paid Credit in the Network or as the case may be, increase (topping up) of Credit in a manner as determined by O2, unless a longer period is determined in the current Price List, in the pack containing the SIM card or in the Operating Conditions for the pertinent value of Credit. If over the duration of validity of the Credit, the Subscriber further tops up their Credit, the validity of the Credit shall be extended by the period as set out in the current Price List, in the pack containing the SIM card or in the Operating Conditions according to the pertinent value of Credit toped up, at least however by 1 month again. The Subscriber is obliged to use the Credit over the course of the set period of validity. On expiry of this period, the remaining Credit shall be regarded as having been used and O2 shall not pay out any compensation whatsoever in such a case. 4.5 Using up the credit: O2 is entitled without prior warning, to interrupt provision of Pre-paid Services if Credit is completely used up, even during a call, sending of a message, use of data connection or use of other Services. Information about the current level of Credit shown on the Subscriber s equipment is for reference only. In the event of any doubt as to the level of Credit, the information in the O2 billing system is decisive. 4.6 Credit reduced by using a Service; no bills: O2 is entitled to decrease Credit at a level corresponding to the price for the Service provided as set out in the Price List valid at the time when the Service was used by the Subscriber. If the current level of Credit is not sufficient to cover payment for Services provided and the Subscriber fails to top up their Credit without unnecessary delay to the required level, O2 shall be entitled to payment of the price for Services provided. With a view to the specific nature of payment of prices for Pre-paid Services provided, O2 shall not draw up regular or one-off bills for the Subscriber. A tax document will only be drawn up for the Subscriber when purchasing Credit directly from O2 if the Subscriber so requests. 4.7 Bonus credit: In its marketing campaigns, O2 may add to the standard Credit a Bonus credit to be used for all Services except for Information services and Payment transactions. The validity (term) of the Bonus credit will be defined individually i.e. independently of the standard Credit. Until the exhaustion of the standard Credit the utilisation of the Bonus credit will be disabled. As to the provision of an additional Bonus credit, the validity (term) of a standard Credit or old Bonus credit whose validity has expired will not be prolonged resp. renewed. Bonus credit is regarded as the first choice to be used for the payment of Services. Article 5 Personal, operational, localization data and their processing 5.1 Subscribers Database, Operational, Localization data: O2 has an updated database of their Subscribers, authorized representatives of Subscribers and Users (hereafter referred to as Subject of data ) including personal and identification data, and it processes operational and localization data based on providing of Services ( Data ). The principles of processing this data is specified in a separate document Principles of processing personal data that can be found on the O2 website. 5.2 Processing needed for providing of Services is specified in the Principles of processing personal data. 5.3 Sharing data with other administrators is specified in the Principles of processing personal data. 4

5 5.4 Data processing for marketing purposes: The Subject of the data agrees that O2 in its own right: - alone or via a processor specified in the Principles of processing personal data process the Data and sort it out according to individual categories for the purposes of offering Services and its own products and services or products or other subjects and for other marketing and business purposes of O2 and other subjects in the scope in with the Data was provided by the Subject of data or gained in connection with providing of Services; O2 will process Operational and localization data for these purposes for a maximum period of three months from the moment of their creation, other Data up to the point of complete settlement of rights and obligations arising from the Contract, or for the period set by corresponding legal regulations; - to sort out the Data according to individual categories for the purposes of providing services and products of other subjects together with personal data that the Subject of data provided with a consent to a subject for whose offer of products and services are the data of the Subject of data processed; and - to further process the name, surname, address, and other contact details (including a phone number and an connection) of the Subject of data for the purposes specified in paragraph 6.6 even after the rights and obligations arising from the Contract were settled 5.5 Commercial notifications: The Subject of the data agrees for O2 to inform them about O2 Services and products, or as the case may be, the services and products of other entities, usually indicated as a Commercial Message (or only CM ( OS in Czech)), using their postal address, address, telephone number, using automatic calling equipment, by fax or in another similar manner including telemarketing. 5.6 Subscriber list: The Subject of data agrees that O2 may enable other Subscribers of the Mobile networks in the Czech Republic or third parties to access the data of the Subject or data within the network. In compliance with the General Conditions for the Provision of Public Electronic Communications Services of O2 Czech Republic, the Subject of data may ask O2 for the publication of Data in the subscriber directory. Prior to this, each Subscriber must prove that he/she is a legitimate owner of the number on which the Service is provided. 5.7 Monitoring of communication with O2 is specified in the Principles of processing personal data. 5.8 Retraction and restoration of consent: The Subject of the data is entitled at any time to retract their consent to processing of Data pursuant to para. 5.4, 5.5 and 5.6, by means of an explicit, comprehensible and definite declaration of will (e.g. in the form of a registered letter, telephone call to the customer hotline or as the case may be, other ways as set out on the Website) after due identification of the Subject of the data. O2 may define the form of showing the will, which may differ based on the type of approval. The Subject of data must not refuse processing of data when this processing is a mandatory step stipulated by the country s law. In the case O2 is given a consent from the Subject of data to process his/her data repeatedly, the meaning of data includes, unless otherwise stipulated by law, all data i.e. including that acquired before the giving of consent. 5.9 Right to information is specified in the Principles of processing personal data. Article 6 Claims 6.1 Deadline for filing a complaint regarding billed prices: The Subscriber is entitled to make claims regarding prices billed with O2 without unnecessary delay, but no later than two months from the date of delivery of the bill for Services provided. Submission of claims has no deferring effect on the obligation to settle billing for Services provided. 6.2 The period for submitting a complaint about a faultily provided service: The Subscriber is entitled to submit a complaint about a provided Service to O2 without a needless delay, within two months from the day when the Service is provided faultily, otherwise their right to complain ceases to exist. 6.3 Complaint handling: O2 is obliged to handle claims without unnecessary delay, but no later than one month from the date of delivery of the claim. If handling of the claim requires negotiations with a foreign operator, O2 is obliged to handle the claim no later than two months from the date of its delivery Refunding sums: If the complaint is found to be justified, the Subscriber will be refunded the sums for the claimed Services or sums wrongly billed in the form of Credit increase (topping up) within one month from the moment the complaint is settled. 5

6 6.5. If there are doubts, O2 records are decisive: If there are doubts about if the Service was provided or if the act (call, sending an electronic message, downloading or uploading the given item in the O2 system, etc.) was carried out, the records from the operations of the exchange or the O2 system or the relevant roaming operator are decisive. Article 7 Restriction or interruption of Service provision 7.1 O2 is entitled to restrict or interrupt provision of Services for the period, which is absolutely essential, as follows: a) (network security) due to serious technical or operational reasons, especially if there is any danger of a serious decrease in the security and integrity of the Network as a result of damage or destruction of electronic communication equipment, b) (state of emergency) in the event of crisis situations, especially in the case of a state of national armed readiness, natural disasters, threat to state security or epidemic, c) (legislation reasons) if O2 is obliged to implement such restriction or interruption pursuant to a valid legal regulation and/or decision by a state authority of the Czech Republic, d) (services and networks misuse) if there is justifiable suspicion that the Subscriber or a third party has misused or is misusing Services or Networks via the Subscriber s terminal, or using a Service or Networks in a manner, which could negatively affect operation of the Network or any of its parts, or the quality of Services or Networks, or as the case may be, violate the rights of other parties in a serious manner. Use of Services in a different manner to that as set out in the GC or the Price List shall also be regarded as misuse of Services. O2 is entitled to monitor operation of the Network and to use other appropriate technical equipment to ascertain or check for misuse of Services. e) (exceeding the limit) if the Subscriber has exceeded the financial limit as set out pursuant to para. 3.2 letter b). 7.2 O2 is entitled to restrict or interrupt provision of all Services, with the exception of calls to the emergency services if despite warning, the Subscriber: a) (violation of obligations) violation of Contractual Terms and Conditions, including obligations set out in the Special offer, b) (unapproved services) Mobile network and Services are used for other purposes than defined in Art. 1, c) (unapproved equipment) uses equipment, which does not meet the technical requirements for operation in the CR, 7.3 Equipment causing damage to network: On the basis of consent by the CTU, O2 is entitled not to connect, to disconnect or to take out of use such devices, which although they meet the technical requirements, cause damage to the Network, damaging interference or interruption to the functioning of the Network. Subject to exceptional circumstances and after meeting the conditions as set out by legal regulations, O2 is entitled to disconnect a device, even without the consent of the CTU if this is absolutely essential for protection of the Network. 7.4 Renewal of services: If the Subscriber redresses the defective state pursuant to the previous provisions by the deadline, which O2 determines, O2 shall renew provision of Services to the original scope. Article 8 Service installation, modification and cancellation 8.1 Request for change of Service setting: Each request for change of Service setting must be communicated by phone or in a manner and under conditions set in the Price list or on the company s web site. Each request for change must contain all data needed to carry out the change, be unambiguous and concrete. 8.2 Approval of request for change: O2 may approve or reject a request for change presented by the Subscriber within next 5 (five) workdays from delivery to O2 providing that the Subscriber has met all conditions for making the relevant change. Approval means the execution of the requested change. 6

7 8.3 Contract term: The Contract is signed for a fixed period of time of 12 (twelve) months. Each Subscriber who tops up the Credit within 12 months from the signature of Contract will prolong the Contract for another 12-month period starting from the latest Credit top-up. Once the Contract expires, the remaining amount of Credit will be forfeited and O2 will neither pay any compensation for the unconsumed Credit nor transfer the remaining value of Credit to a new SIM card. 8.4 Termination, reduction and suspension of Service by O2: In the case of violation of the Contractual conditions by the Subscriber or the failure to top up the Credit before the expiry of the above time period O2 may reduce, suspend or terminate the Service. The termination of Service results in the immediate termination of the relevant Contract. The entry of a wrong PUK by the Subscriber will be interpreted as the immediate termination of the Contract by the Subscriber. 8.5 Cancellation of Service by Subscriber: The Subscriber is entitled to cancel the Service before the expiry of terms under Para. 8.3, when this relates to the porting of number following the procedure described in Para Porting of number from O2: in order to port a number from O2 (OOP/10/ , Article 5, Para. 1) the Subscriber must ask O2 for the allocation of ČVOP by conveying PUK code from a telephone number used for the provision of the Service/s to O2 customer line. CVOP is valid for 60 (sixty) days. Each Subscriber must report the CVOP to the new provider in compliance with the provider s terms and conditions. The Service will then be cancelled within four (4) workdays from the delivery of CVOP to the new provider. The porting process will be executed in the case the Credit is not exhausted at the time of number porting. From technical reasons the Service can not be ported if the Service was terminated or interrupted (acc. To Art. 7) before delivery of Request for porting of number from new provider. Article 9 Liability for damage and compensation for damage 9.1 Exemptions from responsibility: O2 is not obliged to pay the Subscriber or the User compensation for actual damage or loss of profit, which is created as a result of: a) restriction, interruption, non-provision or defective provision of Services, b) exceeding capacity limits, defects, repairs or maintenance to the Network or its parts, or as the case may be, the nature of technology used, c) loss, theft, divulgence or misuse of access codes, Identification Keys, PIN, PUK and all other codes, which the Subscriber is obliged to protect against loss, theft, divulgence and misuse ( Codes ), 9.2 O2 responsibilities: In other cases not mentioned in para. 11.1, O2 shall be held liable for damage to the level of three times the average monthly Service payments in each individual case. 9.3 Subscriber responsibilities:the Subscriber shall be held liable for damage, which is created to O2 as a result of: a) violation of the provisions of the Contract, GC, Operating Conditions or obligations as set out in the Price List or Claim Regulations or violation of a valid legal regulation by the Subscriber and also the user (third party) unless the Subscriber proves otherwise, b) use of telecommunication terminals, which interfere with operation of the Network, c) unauthorised interference with a Network terminal, SIM card, telecommunication terminal or other equipment, d) use of telecommunication terminals or other equipment, which is not intended for operation in the CR or which does not meet the technical requirements determined by the special legal regulation, e) damage to the Network or equipment, including damage created in relation to this by a third party. 9.4 Misuse of Services and Codes: The Subscriber shall be held liable for misuse of Services, SIM cards, Codes or telecommunication terminals, as well as for overwriting IMEI codes on terminals and for damage to terminals and for damage caused through this to O2. The Subscriber is obliged in such a case to pay the price for Services provided until such time as O2 receives notification from the Subscriber on misuse or theft of a SIM card, misuse of a Code or misuse or theft of a terminal or other equipment. 7

8 Article 10 Legislation and court competence 10.1 Czech law, Commercial Code: The Contract and all contractual relations established on the basis of the Contract and GC shall be governed by the legislation of the CR Powers enjoyed by CTO, courts, CNB and a financial arbiter: In disputes between O2 and the Subscriber or the User, resulting from contractual relations regulated for by these GC or on their basis, the CTO is competent to pass judgement. Courts shall be competent to pass judgement on matters in cases and subject to conditions as set out by law. The court, which is competent for judicial proceedings held against a foreign party, is always the the court in the CR, which is locally pertinent for the registered office of O2. The previous sentence shall apply accordingly with regards to the competence and pertinence of the CTO. The supervisory body for payment services pursuant to article 15 of the GC and Act No 284/2009 Coll. is the Czech National Bank, having its registered office at the address Senovážná 3, Prague 1 ( Considering disputes relating to payment services, a motion to commence a financial arbitration can be filed according to Act No. 229/2002 Coll. Article 11 Payment Transactions 11.1 The Subscriber is entitled to file orders for payment transactions: If the operating conditions of a concrete Service allow it, in addition to the use of electronic communications services, the Subscriber will be authorised to give orders via the Network and technically capable customer premises equipment (electronic communication equipment) for the performance of payments of funds to the payment accounts of persons who have concluded a contract with O2 for the managing of such accounts ("Partners") in the manner pursuant to para ("Payment Transactions"). For the purposes of these GC services of Payment Transactions are considered to be a part of the Services, unless otherwise is implied from the context of the use of the term Service Ways of filing a payment order: An order for the performance of a Payment Transaction may be made by the following methods: a) by calling a telephone number with a special prefix (so-called audiotex) for a certain time, b) by sending an SMS or MMS with designated chain of characters to a special number (so-called Premium SMS or Premium MMS), c) by confirmation of the order on a certain link on the internet or wap page designated by the Partner (these steps also referred to hereinafter just as "Making an Order"). The amount of the Payment Transaction (i.e., amount which should be transferred on the basis of the order for the making of a Payment Transaction) is calculated according to the length of the call on the audiotext line, length of data connection or according to the number of sent Premium SMS or Premium MMS, or it is designated by the link on the internet or wap page. Further information and binding parameters of the Payment Transactions are given in the Pricelist Payment transactions can be used to pay for: Pursuant to para a Subscriber can use Payment Transactions to pay for goods and services provided by Partners or persons who provide their services in compliance with the conditions designated by O2 and the Partners ("Traders") and these may be goods which are: a) provided or delivered by post or courier, received in person in a place of business, issued by electronic equipment or otherwise, or supplied via electronic communication equipment of the Subscriber, but used in another manner (for example, SMS travel tickets); b) supplied to the electronic communication equipment and which are used directly by the electronic communication equipment Payment transactions procedure: By Making an Order, the Subscriber agrees with the performance of a Payment Transaction; this shall thus also apply if it allowed for another person the making of an order for performing a Payment Transaction. An order is accepted from the part of O2 as of the moment of ending of Making an Order, unless it is rejected without undue delay. The Subscriber cannot revoke a payment order or its consent to a Payment Transaction after it has been accepted from the part of O2. Based on a command entered by the Subscriber, O2 shall reduce the credit by an amount worth the payment transaction. 8

9 11.5 All rights and duties of the Subscribers and O2 about the execution of payment transactions shall be governed by the Contract and, in the case of transactions aimed at paying for goods and services not classified as goods or services under the above Para b), also by universally applicable laws and regulations about payment service contracts (refer to the Payment Transactions Act no. 284/2009 Coll.) O2 ensures crediting to payment accounts: O2 will ensure that monies are credited to the payment accounts of the relevant Partner at the latest within two working days from the making of an order for the performance of a Payment Transaction; the regulation of periods for the performance of payment transactions in the Payments Act is not applied. O2 is responsible for the incorrect performance of a transaction to the relevant Partner O2 may set up financial limits: O2 is authorised to designate the financial limits for the day and for the billing period. In the case of the exceeding of the financial limit by the Subscriber, O2 is authorised to refuse the performance of the transaction. The Financial limits and surety are dealt with in the Pricelist. O2 is also authorised to designate the limits for one Payment Transaction or expenditure limit Information on completed payment transactions: After dialling O2 customer line, the Subscriber may inform about all completed Payment transactions. Each applicant must prove that he /she is a legitimate Subscriber to the SIM card about which the information is being requested Protection of the Subscriber against misuse and the obligation to notify of the loss of the equipment: The Subscriber is obliged to adopt all reasonable measures to protect electronic communication equipment. In the case of the theft or loss of electronic communication equipment, the Subscriber shall have a duty to report this fact to O2 without delay. The notification can be made free of charge by notification on a telephone line or by written announcement, and on the basis of this announcement, the performance of Payment Transactions or provision of Services will be blocked. A breach of this duty by the Subscriber shall be considered a gross breach of the Contract from the part of the Subscriber Complaints relating to payment transactions: Subscriber must lodge a potential complaint against an executed Payment transaction (i.e. defined in Para. 11.2: call was not completed, SMS was not sent/delivered, call duration /number of calls on the bill does not correspond with the PBX records, command was entered on a lost/stolen device/equipment, transaction was executed without the prior consent from the Subscriber) at the latest within two (2) months from the date of entering the payment order under procedures described in Article 6. The provisions of Para 6.5 shall be applied to Payment transactions in similarly. After the expiry of the term, the Payment transaction will be regarded as having been executed under parameters corresponding with the subtracted Credit. It is not the responsibility of O2 to prove the correctness of Payment transactions pursuant to the Payment Transactions Act, 120 Para Subscriber s liability to pay for payment transactions: The Subscriber shall bear the loss from Payment Transactions performed via lost or stolen electronic communication equipment in the context of Prepaid Services up to an amount corresponding to 1500 euros, and in other cases according to the law. But if the Subscriber caused this loss through its fraudulent behaviour or by the fact that it breached any of its duties intentionally or through gross negligence, it shall bear such a loss in full. The Subscriber shall not bear a loss from Payment Transactions performed via lost or stolen electronic communication equipment if the loss arose after the Subscriber announced the loss, theft or abuse of electronic communication equipment pursuant to para Each Subscriber must pay all charges and fees for the execution of Payment transactions correctly to O2 as shown in the Price list. By entering the Payment transaction the Subscriber agrees with the lowering of Credit by an amount equal to that of the Payment transaction. Lodging of a complaint under Para does not absolve the Subscriber from his/her duty to pay the above charges and fees in time Liability for ordered products and services: O2 bears no liability for faults of goods or services paid for by means of Payment Transactions. The Subscriber is authorised to assert claims from such faults, from the nonprovision of services duly and on time or the non-delivery of goods only directly with the relevant Trader. 9

10 Article 12 Delivery of messages 12.1 Ways of communication and written deeds: The Subscriber agrees that O2 may deliver all messages, calls, notifications, reminders and other types of communication ( messages ) in the form of SMS, MMS or voice calls to the telephone number of the Service or to contact addresses specified by the Subscriber Delivery of message: In the context of these General Terms and Conditions, delivered message is each message delivered electronically (specifically by , SMS, MMS or entered in O2 information systems to be available to the Subscribers). With regard to SMS or MMS, delivered message means each message confirmed by the PBX to have been sent to the desired telephone number Any evidence of a voice call, sending of SMS or MMS, sending of facsimile or or enabling access to a message over a dedicated internet portal is recorded in the O2 systems. All messages sent by are regarded as being distributed with the consent of the Subscriber aware of the fact that the messages are not specifically secured In the case the contract is closed or changed out of standard business premises or by using remote communication tools O2 will send a confirmation to the Subscriber by SMS. Article 13 Joint, transitional and closing provisions 13.1 Contractual Terms and Conditions and their changes: O2 is entitled to change, amend and cancel individual documents creating the Contractual Terms and Conditions when changing the technical, operational, business or organizational terms and conditions on the O2 side or on the market of providing electronic communication services as well as when generally binding legal regulations change. O2 is obliged to publish information about these changes in each of its business premises and on its websites. At the same time O2 is obliged to inform the Subscriber about publishing information about Contract changes. O2 is entitled to change contractual terms and conditions in parts concerning these areas of contractual clauses: a) prices of Services; b) method, extent, parameters, and terms and conditions of providing Services; c) method and terms and conditions of payments for Services; d) extent of rights and obligations of O2 and the Subscriber; e) method and terms and conditions of submitting and handling a complaint about the billing or quality of Services; f) Service changes; g) liability; h) duration of the Contract and terms and conditions, payment amounts, and the method of Contract termination; i) method of delivering to the Subscriber; j) objections in the relation to legal regulations; k) payment transactions; l) arrangements modified by legal regulations or ruling of the court or an administrative body; m) Data processing These GTC have been issued by O2 in connection to 63 ECA, 1751 of the Civil Code and with the Act no. 284/2009 of the Code, about payment contact Documents making up the Contractual Terms and Conditions and eventual other documents that are appendices and parts of these documents make up an integral part of the Contract. These documents and their eventual changes are available on our websites. When requested they can be handed over to the Subscriber free of charge These GTC become valid on April 30, 2016, and they replace the GTC valid until this date. 10