Terms and Conditions
The present agreement has the aim of defining the characteristics of the SIP.tg Services and coordinating their way of usage. It is applicable to the Customer and forms an integral part of the contract between the Customer and the Merchant. The Contract between the Customer and the Merchant commences as soon as the Client confirms the acceptance on the Terms. The present Terms and Conditions apply to all purchase orders of SIP.tg Services placed on any platform used by the Merchant for processing payments, as well as through an approved sales representative. By using the Service, the Customer acknowledges that it has read and understood the present Terms and Conditions, and enters into a contract with the Merchant under present Terms and Conditions. The present Terms and Conditions are available on the website of the Merchant or by email upon request. The Customer commits himself to respecting the present Terms and Conditions. The concepts of Service, Merchant and Customer are defined in this article.
1.1. The Service: indicates all telephony and related services provided to the Customer by the Merchant, in a number of countries.
1.2. The Customer: is the legal or physical entity, which places an order for Services at the Merchant while following the procedure which is indicated to him. The Customer declares that he is able to engage in a contract, i.e. is legally of adult age, and not placed under supervision or trusteeship, and that he has the necessary authorization in case of a company.
1.3. The Merchant: is the company MB "Žinučių linija", which provides the Service to the Customer. The Merchant works with telecommunications network operators and other service providers. In no case is the Merchant responsible for any damages resulting from a failure to execute the Service by one of its suppliers/partners/other service providers. The Customer recognizes that contractual relations exist between the Merchant and its various suppliers/partners/other service providers and that these contractual relations may evolve/change, and involve other parties. The Customer acknowledges that in the event of modification of the identity of the parties, procedures may change.
2. Conditions of access to the service
2.1. The Customer is subscribed to the Service in prepaid mode or in other modes indicated on the platform or in the Merchants website. The Customer has registered either via Internet on the site of the Merchant or by an authorized sales representative.
3. Use of the service
3.1. The Service is provided to the Customer to be used in a way that conforms to the effective laws and regulations. The Customer is responsible for protecting his credentials, he will make sure that no other person has access to the Service without his permission.
3.2. The Merchant cannot guarantee the availability of the Service constantly. At the same time the Merchant can, without engaging his responsibility, suspend the Service because of maintenance or to ensure the integrity of the network. Except for unexpected urgencies, the Merchant will use all endeavors to plan such activities apart from the normal hours of use of the Service and will make its best efforts to shorten the period of unavailability.
3.3. Limitations: The Merchant cannot be held responsible in case the Service has been used in a way not conforming to the instructions and to the Terms and Conditions specified herein. The Merchant calls the attention of the Customer to the potential presence of regulations imposed by the Customer's telephony operator, that may lead to double invoicing of the same call in certain circumstances.
4. Suspension of the service
4.1. In order to prevent any fraudulent use of the Service and in order to ensure the protection of the Customer, the Merchant is authorized to ask the Customer for additional documents that prove his identity and will be able to suspend temporarily and without notice the Service until the reception of such documents.
4.2. The Merchant reserves the right to terminate, without compensation or possibility of refunding, any account that uses the Service in a fraudulent way.
4.3. Without the Customer not being able to prevail himself of an unspecified allowance, the Merchant can suspend without notice the access to the Service, in the absence of regularization of an incomplete file within 8 days from the request of the Merchant or in the event of misrepresentation, of usurpation of identity or fraudulent use of the Service.
5. Tariffs and financial conditions
5.1. The tariffs of the Service are the subject of an established documentation specific for the Customers and on the basis of which the Customer is invoiced if so indicated in a services contract, otherwise the tariffs are indicated on the platform itself or other sources (User interface). This documentation, when applied, forms an integral part of the Contract. The billing and taxation of services is based on the data recorded by the billing system of the Merchant. Bills for the particular calls are based on data contained therein, unless proven differently.
5.2. Prices are listed exclusive of any tax, unless indicated differently. Rates are valid 24/7, and not limited to a certain time of the day, or day of the week. The Merchant reserves the right to modify the tariffs or rates without prior notice.
5.3. Principles of invoicing: All services are prepaid or paid for on use of services.
6.1. The Service may be used in prepaid mode, when this mode is available. To use the Service in prepaid mode the Customer may activate a prepaid tariff plan by using one of the Merchant's accepted payment methods. The tariff plan lists types of services to be used and its limitations which are described in the User interface. The list of accepted payment methods can be found in the User interface. The payment may be recalculated when specific and/or circumstantial terms can be applied, in every individual case the payment may also be recalculated, partially refunded by adding it to the balance in the platform or otherwise changed. The prepaid tariff plans or individual payments will be subject to the limits imposed by the selected tariff plan and/or quota.
6.2. In prepaid mode the Customer has the possibility of choosing an automatic refill for his account when possible. This option is only available for credit card payments.
6.3. In the event of non-payment on behalf of the Customer, the Merchant reserves the right to request documents as proof of identity, as mentioned in article 8.2. The Customer accepts that this information is used in order to allow the covering of the sums due. In the event of obtaining an executory title, the Customer needs to pay for bank costs, on top of the outstanding amounts.
6.4. The Customer authorizes the storage of his credit card information (number and expiry date) by the platform on which the User interface will function (Telegram app) for re-use within the framework defined by the clause 6.2. The Merchant has no access to the detailed credit card information of the Customer.
6.5. Once the credit of communication has been paid and used even partially, no refunding will be possible unless sufficient proof can be provided that the service was faulty or not delivered at all. The gifts and appropriations offered, whatever their origin (customer service, referrals, special offers) can in no case justify refunding.
7. Duration and termination
7.1. If the Customer fails to fulfill one of his obligations, particularly regarding payments or, acting of a legal entity and within the framework of a legal procedure of rectification, if the receiver decided not to continue the execution of the Contract, the Merchant will be able to suspend or terminate the Contract, automatically by sending the Customer an email or a message on the platform, or the User interface, or by a registered letter with request of acknowledgement of delivery notifying this cancellation.
7.2. Any prepaid account showing no activity for 12 months will be automatically closed without notice and without the possibility of recovering any calling credit that may have been left on the account.
8. Personal information
8.1. The Customer is likely, for the needs for the Contract, to provide the personal information relating to it as defined in article 8.2 hereafter. This information is intended solely to the Merchant and to the Supplier, and will only be used for the management of the Contract between Customer and Merchant, and to send updates or promotions occasionally. The Customer can ask to stop receiving this information by clicking on an "unsubscribe" link present in all messages. In accordance with the GDPR and other national and/or EU laws, the Customer can reach personal information relating to it and make them rectify or remove if necessary, by contacting the Merchant. The personal information collected within the framework of the Service enjoys the protection of the applicable laws in EU and country of residence of the Merchant.
8.2. The Customer recognizes that the personal information mentioned in article 8.1 may in some cases include: a) their personal data such as company name, code, VAT information, postal address and email, fixed and/or mobile telephone numbers b) the details of the contractual relations between the Customer and the Merchant or any other affiliated company, c) banking information (account number).
8.3. The Customer commits himself warning the Merchant of any change of the information aimed to article 8.2 as soon as he learns about any such changes.
8.4. The Merchant reserves the right to ask for documents constantly in proof of personal identification to the Customer.
9.1. The Merchant commits himself to bringing all competence and care necessary to supply the Service. The Customer recognizes that the obligations of the Merchant for this reason are obligations of means. Consequently, the Merchant may not be able to fulfill the responsibility he committed to, if, for a reason independent of its will, the Service becomes partially or fully inaccessible, or shows bad quality, in particular when the services for another operator are used in which case the Merchant could not be held responsible for any act or omission of this operator.
9.2. The Merchant could not be held responsible for the non-fulfillment of his contractual obligations when the latter is caused by force majeure.
9.3. The Merchant could not be held responsible for any consequential damages, the parties recognize that in particular such damage is the loss of profits, of customers, data or any other loss of goods intangible, likely to occur because of the supply or use of the Service and/or not having access to the Service and/or because of unauthorized access to the Service by a third and/or following the control of a third party, like any other question in connection with the Service.
9.4. In any event, the liability of the Merchant resulting from this Contract cannot exceed, for any cause or any disaster, a maximum amount corresponding to the amount paid by the Customer during the month preceding the occurrence of the damage.
10.1. The Customer avoids yielding or transferring the Contract to a third, in an arbitrary form, without prior written consent of the Merchant.
10.2. The Merchant will be able to yield whole or part of the Contract after having informed the Customer beforehand. In addition, the Merchant will be able to resort to any subcontractor of his choice for the execution of the Contract.
11. Others provisions
11.1. While adhering to article 7.1, any communication between the Customer and the Merchant with the frame of the Contract will be done by mail or email.
11.2. In all the measurement permitted by the law, any clause of present which would appear illegal or not valid or whose execution could not be required, will not affect the executory character of any other clause of present.
11.3. The fact for the Merchant of not prevailing itself of an unspecified clause of the Contract could not be interpreted for the future like being worth renunciation of this clause.
11.4. The contract is governed by the laws of the Republic of Lithuania. Any disagreement between the parties about the existence, interpretation, or the execution of the contract will be subject to the exclusive competence of the courts of the Republic of Lithuania.