PLUS COMMUNICATION SH.A.
GENERAL TERMS OF CONTRACT (SAMPLE CONTRACT) OF ENTREPRENEUR PLUS COMMUNICATION SH.A. WITH SUBSCRIBERS, FOR PUBLIC MOBILE TELEPHONE SERVICES
Pursuant to:
1.
Law no. 9918, of 19.05.2008 “On Electronic Communications in the Republic of Albania”.
2.
Law no. 9902, of 17.04.2008 “On Consumer Protection“.
3.
Law no. 9987, of 10.03.2008 “On Personal Data Protection“.
4.
Individual Authorization of Mobile Telephone GSM Operators in the Republic of Albania – Plus Communication SH.A., issued by the Electronic and Postal Communications Authority with
Decision No. 745, of 26.06.2009.
basis. In cases when the subscription would terminate after the initial term of 12 (twelve)
months, or when certain services are not provided any more or no longer required by the
Subscriber, the guarantees set and agreed between PLUS and Subscriber will be returned
to the latter, without interests, at the Subscriber’s request, unless the Subscriber has
financial obligations towards PLUS. In the case the Subscriber has outstanding payments
due to PLUS, the latter will be paid by deduction from the guarantee provided. In case
the Subscriber’s financial dues towards PLUS are not covered by Subscriber’s guarantee
deposit, PLUS shall have the right to follow the procedures in force in order to collect
Subscriber’s unpaid obligations.
3.4.
The services and their fees, provided by PLUS and accepted by Subscriber, shall be
attached to this Contract in the form of an Annex, and shall form an integral part of the
Contract signed between the Parties.
3.5.
Fees and services are subject to changes, which are set and published according to Law
no. 9918 and the regulatory framework of the Republic of Albania.
general authorization regime and has been registered to the Entrepreneurs Register published by the
3.6.
Change of the services contracted (unilateral reduction by PLUS of the number of services
Electronic and Postal Communications Authority.
and/or their quality) and increase of the tarrif of one or more services above the level as
“AKEP” is the Electronic and Postal Communications Authority.
provided in the Annex at the time of signing the Contract, is considered as a modification of
“Authorization” includes the General Authorization and the Individual Authorization issued for Plus
the terms of the contract and PLUS has the obligation to notify in writing the Subscriber at
Communication Operator by the Electronic and Postal Communications Authority (hereafter referred
least 30 (thirty) days before their entry into force.
to as “AKEP”) respectively with Decision No. 745, dated 26.06.2009, as amended, and Notification
3.7.
Notice of tariffs increase shall be served within and not later than 30 days before the
Confirmation dated 23.06.2009.
proposed date of their implementation. Tariff reductions may enter into force immediately.
“Initial term of subscription contract” is the term of not less than 12 (twelve) months from the date
3.8.
PLUS reserves the right to determine the terms and conditions for Subscribers’ participation
of the Contract’s signature;
to promotional offers.
“Subscriber” is any end user, whether individual, juridical person or physical person who has entered
into a contract with PLUS in order to benefit the services offered by the mobile telephony system of 4. METHOD OF PAYMENT
4.1.
PLUS shall invoice services on amonthly basis. The subscriber is obliged to pay within the
PLUS, whose information, is included in the subscription form and to whom is granted the right of use
time of payment indicated in the invoice, in the modality required by PLUS including but
the electronic communication services, available to the public.
not limited to, cash payment , wire bank tansfer, credit card or other methods of payment.
“Prepaid subscriber” (prepaid end user) is the subscriber who has chosen the prepaid menthod of
The deadline for payment for post-paid Subscribers shall not be later than the day of 28 of
payment for the services that he/she will receive.
next month. The Invoice is issued and delivered by hand or email to the Subscriber at the
“End user” is a user who does not offer public communication network or electronic communications
address specified in the subscription form, not later than 15 (fifteen) calendar days from the
services, widely available to the public.
date for payment indicated in the invoice representing the date of receipt of the respective
“Terminal equipment” of the Subscriber is any equipment connected to the termination point
monthly invoice issued by PLUS. The Subscriber expressely waives the right to object the
of PLUS’s network, approved by the respective competent authorities which complies with
amount shown in the monthly invoice, if it/he/she has not sent to PLUS a written objection
PLUS’s network characteristics, and which serves for the transmission, receipt and processing of
within the term of payment indicated in the invoice.
communications from a point to point.
4.1.1. The Subscriber is obliged to pay PLUS, as prepayment, or after the service performance, the
“SIM Card” is the card that contains the necessary microprocessor and connectivity data that
following fees:
enables the connection of the Subscriber’s terminal equipment with PLUS’ network. SIM card being
i. Network connection fee (prepayment)
located within the terminal equipment through a special socket, enables the communication and use
ii. Fixed monthly fee (post-payment)
of the activated mobile telephony. The SIM Card is identified by the SIM serial number.
iii. Fees for all telephone conversations and communications as well as additional service
“Connection” is the connection of the terminal equipment with the system.
fees provided by PLUS, which are provisioned in detail in the instructions paper in
“Price list” is the list of the defined monetary value (service tariffs) paid by the subscribers for using
accordance to the Subscriber’s contract for the form of service provision according to
the licensed electronic communication services or other services related to this system, established
the price list in force.
by PLUS according to the law.
4.2.
If the Subscriber does not pay within the time indicated in the invoice:
“Access Number”
4.2.1. PLUS has the right to take restrictive measures according to Article 9;
address to the networks and electronic communications services. Access number is a unique number
4.2.2. The Subscriber shall pay a 0.5% moratory interest of unpaid monthly invoice, for each day of
scriber in GSM or 3G networks.
“Suspension/Blocking of the Service” is a temporary removal of the Subscriber’s right to use all or
with applicable law. The value of moratory interest in no case shall be higher than the value
part of PLUS’ services, but also of the number provided to him, which under certain conditions can be
of the unpaid invoice.
returned back to the Subscriber.
4.2.3. For the above amounts, the Subscriber shall pay the value added tax and fees/taxes of mobile
“System” is the system of mobile electronic communications of GSM standard installed in PLUS in
telephony according to the legislation in force.
accordance with the Authorization to provide public mobile electronic communication services, which is
put into operation under the conditions of the authorization granted to PLUS.
4.3.
When payment of invoices is performed by direct debit bank account, PLUS is not
“Services” are the basic services of audio communication and data transmission provided by PLUS
resp onsible for the date of performance of acts by the relevant bank.
throughout the territory of the Republic of Albania in accordance with the conditions of the Integrated
4.4.
PLUS shall issue and send to Subscriber a free basic invoice includimg the following:
System of Electronic Communications as per the authorized Mobile Technology in accordance with
i. Fixed monthly fees (if any);
international standards and Albanian legislation.
ii. Fee for service units used by the Subscriber;
“Value-added service” is the service that provides information, against payment, through public network
iii. Calculation of duties payable;
communication.
iv. Fiscal obligations;
“Disconnection
v. Address and invoice terms of payment;
access number.
vi. Payment method: cash, credit card or other;
“Roaming Services” are services which enable the Subscriber to use audio telephony communication
interest for delay,
vii.
services and data transmission also in other countries outside the Republic of Albania, with which PLUS
interruption of services, service limitations, only incoming calls and outgoing calls only to
have entered into agreements.
toll free numbers, termination of contract by PLUS);
1. CONTRACT CONCLUSION/APPROVAL (ACCEPTANCE) OF THE SUBSCRIPTION APPLICATION
called numbers and call
viii.
1.1.
Every applicant, whether individual, physical person or juridicial person is entitled, within
duration (unless not required by Subscriber);
a reasonable period of time starting from the time of submission of the subscription
ix. Obligations of payment for any performed communication;
application and its acceptance and applications’ order, to use freely and without
x. PLUS contact number for Customer Care for invoice information (calls to this number
prejudice the electronic communication services provided by PLUS in accordance with
are free or low cost).
Authorization’s terms and conditions. PLUS at its discretion, has the right to continuosly 5. MAXIMUM CREDIT LIMIT
take objective legal measures in order to protect itself from the bad debts. These measures
5.1.
PLUS is entitled to assign maximum credit limit(s) for each Subscriber and amend the
shall be taken commensurate with the risk.
amount of the credit limit in case the Subscriber changes his/her/its tariff plan. When the
1.2.
PLUS, according to the Authorization’s terms and conditions, the General Conditions
Subscriber exceeds the credit limit, PLUS is entitled to:
and subscription form, is liable to provide only those services and only in those areas of
5.1.1. Restrict/suspend the provision of services, and
coverage as specified and approved by the competent authorities. The Subscriber has no
5.1.2. Request and issue an invoice for immediate payment of the outstanding charges and carry
financial liability before the Contract has been signed by both sides.
e successive month, or
1.3.
PLUS shall provide a quick response to the subscription application. PLUS has the right,
5.1.3. Require from the Subscriber immediate payment of a guarantee amounting to the twice the
during the pre-contractual phase, to require data concerning the address and identity
invoice’s
value
at
that
moment,
and
stop
providing
all
services
when the Subscriber does not
of future subscribers, such as a photocopy of the identity card, passport, telephone or
meet the above obligations. The maximum credit limit for billed and unbilled services is the
electricity booklets or other documents when he/she is an individual or physical person,
total
amount
of
the
guarantee
provided
by
the
Subscriber.
and documents attesting his/her identity when is a juridical person, and may also
5.2.
5.2. Subscription, aiming expenditure control, is entitled to request PLUS establish
require information on tax statements or other similar documents, in order to verify the
maximum credit limits.
Subscriber’s solvency and take the decision as to whether offer or not its services or to act,
6. PLUS RIGHTS AND OBLIGATIONS
as appropriate, avoiding or ascertaining illegal acts.
6.1.
PLUS is obliged to notify the Subscriber before signing the subscription form, of the General
1.4.
The Subscriber has no obligation to pay any amount of money prior to the execution of the
Conditions and the conditions of connection and use of services offered by PLUS, the term of
contract between the parties hereof.
the Contract for the system of service provision and method of its resolution, the rules of SIM
2. CONNECTION TO THE SYSTEM / SERVICES PROVISION
card use, tariffs, system features , service quality and services coverage area.
2.1.
PLUS, in accordance to the General Conditions and following the approval of the
6.2.
PLUS, in addition to the obligations set out in the legislation and regulatory framework in force
Subscriber’s documentation will activate the SIM card and provide services to the
as well as the definitions in other parts of this Contract, has also the following obligations:
Subscriber.
6.2.1. Draft the Contract and all its elements, in printed format, easily readable and understandable.
2.2.
PLUS shall provide the Subscriber with a SIM card through which is enabled the use of
6.2.2. Upon Subscriber’s request, put in Subscriber disposal the Contract in the appropriate format to
provided services. PLUS shall notify the Subscriber of the respective Number of Access
meet the needs of people visually impaired.
and will provide it/him/her with the appropriate instructions of use of the provided services.
6.2.3. Offer to the Subscriber a detailed explanation of all terms of use and of Contract, before its
2.3.
With the partial or complete activation of the SIM card, the Subscriber is entitled to use the
signature.
information disposed by the card for purposes of the Contract’s fulfillment. Through this
6.2.4. Provide the Subscriber with detailed information on tariff programs that the Subscriber can choose
document it is expressedly accepted that the Subscriber does not gain the full rights neither
from, giving the possibility to compare them, including:
on the SIM card nor on rights over the data that it contains. PLUS is responsible only for
6.2.4.1 Complete and clear information, on tariff packages and promotional or special offers, such as
the replacement of damaged cards, except when these damages result from Subscriber’s
is included and what is not
careless or voluntary acts or omissions.
included in the package/offer, offers’ timelines and effects of their extension, including applied
2.4.
In accordance with the principle of technological neutrality, and given that SIM card is
tariffs.
always accompanied with a serial number and with one or more access numbers, all
6.2.4.2 Tariff system applied to services, such as minimum chargeable time, the charging mode after
communications performed through the SIM card will be considered as performed by the
minimum time, unit measure for charging (e.g. seconds, intervals, M/bytes etc.), tariff change
Subscriber him/her self or with his/her consent/approval. Consequently, the Subscriber
according to duration, time of call performance (peak/off peak) and their corresponding time
shall be responsible under the General Conditions of this Contract and applicable law.
intervals, etc..
2.5.
The Subscriber is subject to civil or criminal liability in case of use of the SIM card in
violation of the Contract’s conditions and the law, and is obliged that in case of loss,
6.2.4.3 Additional services included in the chosen package.
theft, complete or partial destruction of the card, unauthorized use by third parties, to
6.2.4.4 Information about the quality of provided/chosen services.
compensate PLUS for damages incurred.
6.2.5. To not reject the connection to the net of terminal equipments that are in accordance with Law no.
2.6.
In all of the above cases and in case of SIM card damage for reasons that do not depend on
9918 and its by-laws.
PLUS, the Subscriber shall immediately notify PLUS and return the SIM card, presenting
6.2.6. Apply a fee increase on one or more services selected by the Subscriber in the contract, only after
the access number. PLUS will further proceed with SIM card replacement and where
appropriate it will reconnect the Subscriber against the SIM card replacement price, in
their entering into force as per Article 15 of the Contract.
accordance with the price list in force at the time of reconnection.
6.2.7. To apply automatically and without notice the fee reduction of one or more services selected in the
2.7.
The Subscriber has the exclusive right to use the access number under this Contract and
contract by the Subscriber.
applicable law. Upon termination of the Contract for whatever the reason, the right to reuse
6.2.8.
liability on the reconnection to the network if the service has been
the Subscriber’s access number automatically goes to PLUS along with other rights related
interrupted due to PLUS’s fault.
to its usage. Upon the termination of the Contract of a ported number, the initial donor
6.2.9. For limitations or interruptions of service, lasting more than 30 minutes, PLUS has the obligation to
operator has all rights to reuse the number. PLUS has the right to transfer the rights to use
inform AKEP and its Subscribers. This notice shall be made:
the access number, when it is necessary for reasons related to the continued functioning
i. at least 48 hours in advance, in case of an improvement, modernization or maintenance of
of the system, for technical reasons or when required by law or necessity of governmental
the network;
bodies in accordance with the legislation in force.
ii. as soon as possible, but no later than 48 hours, after the occurrence of restriction or
2.8.
The Subscriber is entitled to all rights granted by law and applicable regulatory framework,
interruption caused by defects or damage to the network.
including the right to number portability provided by PLUS to another entrepreneur of
6.3.
In case PLUS does not make its services available to Subscribers 24 hours a day for 365
electronic communications in the Republic of Albania.
consecutive days per year (except interruptions for common repairs and network maintenance,
3. TARIFFS
and force majeure cases as provided in Article 14) for PLUS’s fault, PLUS will charge to the
3.1.
For each of the PLUS’s service used, the Subscriber shall be billed in accordance with the
Subscriber the monthly subscription fee proportionally to the time effectively used by the
specific price list in force and PLUS’s tariffs agreed in the Contract at the time of Contract’s
Subscriber and deduct it from the relative monthly payable sum.
signature or any of its modifications hereof.
6.4.
PLUS shall keep a record file of all Subscriber’s complaints and requests which shows whether
3.2.
Invoices should have sufficient information so that the Subscriber may calculate the due
they have been resolved and the required time for them to be resolved. The file is stored for a
amount that will be billed to it/him/her for all kinds of services provided, including also call
period of at least 2 (two) years. PLUS shall store for a period of at least 2 (two) years a copy of
duration in cases when the prices of services vary pursuant to their use.
the invoices and give explanations to Subscribers who have complaints about them.
3.3.
PLUS and the Subscriber agree on the modality of payment of invoices on an ad hoc
Faqe 1
are prepared
These general conditions (“General Conditions”) shall regulate the juridical relation between PLUS
COMMUNICATION Sh.A. Company (hereafter referred to as “PLUS”) and the applicant, whether individual,
juridical person or physical person (hereafter referred to as “Subscriber”), who wants to use public services
of mobile telephony that PLUS offers through its network (hereafter referred to as “Services”), in accordance
with the respective authorizations granted for this purpose from the competent authorities.
Both these General Conditions and the subscription form to PLUS mobile telephone network and tariffs of
the services as well as for the chosen tariff program by the Subscriber, constitute the “Contract” to be singed
and agreed between PLUS and the Subscriber.
DEFINITIONS
“PLUS COMMUNICATION SH.A.” is a joint stock company registered as a juridicial person in the
Commercial Registry of the National Registration Center with number K91811014B, incorporated on
6.5.
According to Subscriber’s request, PLUS shall enable the number portability in accordance
with laws and regulatory framework in force.
7. SUBSCRIBER’S RIGHTS AND OBLIGATIONS FOR THE USE OF SERVICES
7.1.
The method of using the services by the Subscriber shall be made in accordance with
applicable law. Besides the above, the Subscriber shall:
not use or not allow third parties to use the provided services for illegal or improper purposes
that are contrary to morals or law;
7.1.2. not use PLUS SIM card for re-directing telephone calls or communications generated by third
parties using PLUS network towards other PLUS Subscribers, except when priory consented
in written by PLUS.
7.1.3. conform to PLUS guidelines on how to use the service and terminal equipment by the
Subscriber or other issues;
7.1.4. provide PLUS with all the necessary information on service provision, whenever required by
PLUS;
7.1.5. abide to PLUS guidelines on how to use the service and terminal equipment by the Subscriber
or other issues.
7.1.6. The Subscriber has the obligation to use the services in accordance with the law, as well as
with the manual and relevant instructions.
7.1.7. The Subscriber has the obligation to use terminal equipment approved by the competent
authorities which comply with PLUS network characteristics and legislation in force.
7.1.8. Prepaid subscriber enjoys rights and has obligations that are not less advantegous than those
of post-paidt Subscribers for services of the same type. For prepaid subscribers, the specific
conditions of services use, including recharge through scratch cards or terms of their use,
appear in the accompanying guide to prepaid SIM cards, scratch cards and other information
published by PLUS.
7.2.
The Subscriber has the right to choose, change at any time the chosen services through
a written notification/request or otherwise as may be specified by PLUS, respecting the
contract terms, and as well:
7.2.1. The Subscriber has the right to choose or not value-added services, offered by PLUS, in
accordance with the Authorization issued by AKEP as well as the legislation in force.
7.2.2. The Subscriber will use value added services “such as they are” and can not in any way
change them.
7.2.3. The Subscriber undertakes, accepts and warrants that will use value added services in full
compliance with the legislation in force.
7.2.4. Aiming the protection of minors, providing value added services by PLUS and/or other
providers of these services with whom PLUS has entered into an agreement, will be performed
in accordance with applicable rules and legislation in force for the provision of these services.
7.2.5. The Subscriber has the right to participate or not in promotional games that are offered and
held by PLUS in accordance with legislation in force and regulations set forth by PLUS.
Subscriber shall be specifically notified by PLUS that before entering the game it/he/she must
read and accept/confirm the full rules of the game published before the game is organized
by PLUS.
7.3.
The Subscriber has the right to request in writing to terminate the contract unilaterally only
for the reasons set forth in Article 10 of the Contract.
7.4.
The Subscriber has the right to be informed in writing by PLUS for all proposed changes
to the terms of the Contract within a period of not more than 30 (thirty) days before the
proposed date of entry into force of these changes.
8. INTERRUPTION/SUSPENSION
8.1.
PLUS makes available its services 24 hours a day for 365 consecutive days per year,
with the exception of interruption for a period of not more than 6 (six) hours per year,
programmed in such a way as to bring as little inconvenience to the subscribers for the
duration of the interruption of services when repairs for network’s maintenance are needed
and by announcing this publicly.
8.2.
PLUS shall be entitled to suspend the access to the Services or disconnect the SIM card
from its network in case such suspension/disconnection is caused due defects in the
system, or modifications/adjustments, enhacements, infrastructure maintenance or other
necessary repairs, taking all the preventive actions in order to limit the possible distortions
in the network.
8.3.
If the Subscriber does not meet the conditions set in the Contract or does not carry out
payments, under the conditions specified in the contract, PLUS has the right and is obliged
to send a written notice or by SMS/call within a time interval of 15 (fifteen) days, in order for
the Subscriber to fulfill its/his/her contractual obligations and warn it/him/her of restrictive
measures that PLUS can undertake.
8.4.
If the Subscriber does not meet its contractual obligations within the time specified by
PLUS, the latter has the right to restrict or to temporarily or definitively suspend the
Services provision. Until the final suspension of Services provision, the Subscriber is
required to pay all obligations incurred for all telecommunication services received but not
paid until that moment. In case of dishonor of the obligations set forth in the invoice within
the time specified in it, PLUS will notify the Subscriber by short message (SMS) or call to
make the payment within an additional period of 5 (five) days from the date of request. Upon
completion of this period, PLUS reserves the right to definitely interrupt the provision of
Services towards the Subscriber and detach the connection in the event of failure to fulfill
financial obligations beyond the deadlines set by PLUS.
8.5.
PLUS is not required to give advance notice to Subscribers on the measures taken if the
identified breach of Contract:
a. causes a serious threat to public order and public safety, health and environment;
b. causes serious physical injury, material or functional, to the network.
8.6.
PLUS has the right to partially restrict access, only for those services that the Subscriber
has violated the terms of the Contract, except in cases of Subscriber’s abuse, or repeatedly
delays payments or doesn’t pay the invoices.
8.7.
PLUS is not allowed to restrict the access to use emergency numbers before the final
termination of Services provision or termination of Contract.
8.8.
PLUS has the right to suspend services if the SIM cards or PLUS services are used for
purposes other than those for which such services are being provided to the Subscriber
and in order to benefit from PLUS network without PLUS’s consent, such as:
8.8.1. for mediation and/or transferring data and/or calls including but not limited to the transfer of
national/international calls to PLUS network and/or other networks;
8.8.2. for paid redirecting of traffic to third parties through subscription to PLUS services;
8.8.3. to hide and/or modify the identity of the calling party for these purposes;
8.9.
PLUS may, by an invoice sent to the last known Subscriber’s address, cover expenses that
have been carried on for the fulfillment of contractual obligations by Subscriber, including
but not limited to, expenses made by PLUS for not providing precise information requested
by Subscriber.
8.10. PLUS, depending on the circumstances at the time of interruption or reconnection, may
decide to apply fees on the interruption or reconnection of the SIM card and/or Subscriber’s
access number under the applicable legislation and tariffs in force.
8.11. The Subscriber has the right to appeal PLUS decisions or actions regarding access or
services provision when they collide with the terms of the Contract. Objections under this
paragraph shall be made in writing within 15 (fifteen) days from receipt of notification of the
decision or action made by PLUS. PLUS decides to appeal within 15 (fifteen) days from
its receipt and of Subscriber’s written notification. Subscriber has the right, in accordance
with stipulations in the Contract regarding dispute resolution, to appeal to the court for the
decision taken by PLUS.
9. TERMINATION OF CONTRACT BY PLUS
9.1.
PLUS can solve the Contract immediately, without obligation of compensation, by sending
a written notification to the Subscriber, if:
9.1.1. The Subscriber does not comply with any of the obligations under this Contract between the
Subscriber and PLUS;
9.1.2. The Subscription does not immediately pay the duties after the expiration of the 2 (two)
months period from the temporary interruption or blockage of the network;
9.1.3. The Subscriber changes his/her/its name, legal status, bankrupts, liquidates, dissolves, is
placed under forced administration or suspension of payments is required or other similar
cases, regardless whether such a request has been field, when the Subscriber is in a situation
of insolvency or impossibility to pay its/his creditors;
9.1.4. The Subscriber acts or allows performing acts that may endanger the normal function of the
network and service delivery;
9.1.5. PLUS authorization is revoked, expires, is canceled or amended in whole or in part for various
reasons;
9.1.6. Besides the above, in case of a contract for an indefinite period, PLUS may solve the Contract
through giving notice 30 (thirty) days in advance.
10.TERMINATION OF CONTRACT BY THE SUBSCRIBER
10.1. The Subscriber may request Contract’s resolution for reasonable causes, by giving
prior written notice to PLUS. The Subscriber expressly agrees that reasonable cause to
terminate the Contract in terms of this article is the increase of telephone service fees
7.1.1.
on a percentage higher than the annual inflation rate issued by the Bank of Albania in
December of each year that precedes the increase. Subscriber may exercise its/his/her
right to terminate the Contract using this cause within 2 (two) months from notification of
tariff increases, otherwise the Subscriber shall be deemed to have accepted the increases.
10.2. After termination of the Initial Term of the Contract, the Subscriber may terminate the
Contract for any reason, by giving PLUS a prior written notice of 30 (thirty) days. Termination
of the contract will enter into force 30 (thirty) days after receipt of notice from PLUS.
10.3. Subscriber has the right to terminate the Contract with immediate effect and without
additional costs, when disagrees with the modification of the following conditions of the
Contract:
10.3.1. increase of the rate of one or more services. Termination of the Contract for this cause can be
done within 2 (two) months from notification of tariff increases, otherwise the Subscriber shall
be considered as to have accepted their increases.
10.3.2. deterioration of service quality indicators by PLUS.
10.4. Termination of the Contract under this article shall not extinguish Subscriber’s obligations
under the previous contract.
11. CONTRACT CONCLUSION
11.1. The Subscriber agrees expressly that with the resolution of Contract under articles 9 and
10 above, PLUS shall disconnect the connection of access number and SIM card from
the system.
11.2. The Subscriber recognizes, acknowledges and warrants that will repay all incurred but
not paid obligations to PLUS by the time of interruption and/or termination of Contract
(whichever the later in time) in accordance with this Contract. If the termination of Contract
is made by the Subscriber within the initial term of the contract of 12 (twelve) months,
the Subscriber has the obligation to pay the fixed monthly fee for the entire period of 12
(twelve) months.
12.TELEPHONIC COMMUNICATIONS SECRET AND PERSONAL DATA PROTECTION
12.1. PLUS shall guarantee privacy or confidential type of information or communication of the
Subscriber in accordance with applicable law.
12.2. PLUS shall not take, publish or use the Subscriber’s data or communication broadcasted
by its electronic communications network, unless it has such an obligation in accordance
with applicable law.
13.CONTRACT TRANSFER/TRANSFER OF RIGHTS
13.1. The Subscriber cannot transfer to third parties any of the obligations and rights deriving
from this Contract, without the prior consent of PLUS. PLUS cannot transfer to third parties
the rights and obligations deriving from this Contract, when this may reduce warranty and
service quality.
14.FORCE MAJEURE
14.1. If PLUS will be in the conditions of a force majeure event, then PLUS shall not be
responsible vis-a-vis the Subscriber for not complying with its obligations arising from
this Contract for force majeure duration. Suspension of Contract’s execution due to a
force majeure event shall be limited to the period of time during which the effects of force
majeure continue. These events shall be considered as force majeure: war (declared or
not), armed conflicts, strikes, natural disasters, terrorist acts, implementation of national
or local emergency plans and services constraints imposed by law, acts of the Albanian
authorities, foreign or international having force in Albania or any event or circumstance
similar to the above. PLUS shall make all possible efforts to better meet its obligations
arising from the Contract.
15.INTEGRALITY OF AGREEMENT AND AMENDMENT OF CONTRACT TERMS
15.1. These general terms and conditions (General Conditions), together with the subscription
form on PLUS network, services, and fees under the program selected by the Subscriber,
and signed by both parties, constitute the Contract between PLUS and the Subscriber.
15.2. Definitions of the Contracts’ general conditions are approved by Decision of Directing
Council of AKEP no. 1393, dated 27.09.2010.
15.3. General conditions (Terms) of the Contract may be modified or replaced only after the
modifications have been approved by AKEP.
15.4. For any modification or replacement of the General Conditions of the Contract, reduction
of services/quality and increase of service fees chosen by the Subscriber, PLUS shall:
i. Notify the Subscriber with Contract through individual notification (may be as well by
SMS or by telephone call through Call Center - Customer Service) at least 30 (thirty)
days before their entry into force. Individual notice shall include the address where
the modifications/new terms have been published, if the notification does not contain
sufficient details on the changes;
ii. Notify prepaid Subscribers through means of public information, not less than 7 (seven)
days before their entry into force and this notice shall be made no less than 3 (three)
consecutive days or via SMS/call as the point “i” above.
15.5. Modifications referred to in paragraph 15.4, shall enter into force on the date specified by
AKEP (in case they are subject to approval by AKEP) or PLUS.
15.6. For any modifications to services/tariffs, PLUS shall notify in writing the Subscriber at least
30 (thirty) days before their entry into force. Subscriber expressly agrees that, unless it/
he/she objects them in writing during this period of 30 (thirty) days, these changes shall
automatically enter into force within 30 (thirty) days from receipt of notice by it/he/she
according to this paragraph. In any case, the Parties are entitled to sign amendments or a
new contract, at any time before or after amendment’s entry into force.
15.7. If the Subscriber does not agree with modifying the terms of the Contract (including
tariff increases) cited in paragraph 10.3, the Subscriber has the right not to accept the
modification/replacement of the Contract and to terminate it by sending a notice in writing
or in its offices, before the time of their entry into force.
15.8. This Contract is the complete and only agreement between PLUS and the Subscriber and
supersedes all prior agreements, oral or written, between the Subscriber and PLUS.
15.9. Modifications or replacement of Contract enter into force with the signature by both parties
of an amendment or new contract.
16.NOTIFICATION
16.1. Subscriber is required to notify PLUS on all modifications made to the data in the
subscription application form. Subscriber expressly acknowledges that, until notice of such
modifications, all invoices or other documents will be sent to the address last notified in
writing by it/him/her to PLUS. Any notice sent to the Subscriber by PLUS in accordance with
the Contract shall be considered as received within 48 hours from the date of expedition.
Regarding the send of invoices by postal service or other services, they will be considered
as received 10 (ten) days from the date of their issuance. All day deadlines /terms specified
in this Agreement are expressed in calendar days.
17. GOVERNING LAW AND DISPUTE RESOLUTION
17.1. This contract has been drafted and is regulated by the legislation in force in the Republic
of Albania.
17.2. Any dispute arising between PLUS and the Subscriber, unless resolved amicably, shall be
submitted for resolution to the sole competent court of the District of Tirana.
18.VALIDITY/ TIME/ MANDATORY EXECUTION OF THE CONTRACT
18.1. This Contract is concluded for an initial term of 12 (twelve) months starting from the date
of Subscriber’s signing of contract. 10 (ten) calendar days before the end of this period,
PLUS announces the Subscriber, in writing or by SMS/telephone call, to inform it/him/
her on the termination of the testing term and the right to terminate the contract by the
Subscriber without additional obligations to conclude the contract within this deadline. If
the Subscriber has not notified PLUS in writing that does not will a contract extension
beyond the period of 12 (twelve) months, the contract shall from then be considered as an
indefinite term contract.
18.2. Each Party shall have the right to request the unilateral resolution of the Contract, under
the provisions of this Contract.
18.3. If PLUS will offer other services for Subscribers, or tariff programs/specific offers such that
will have as necessary element their obligation to use the services for a specified period,
then the rules provided by these general conditions shall apply to the extent they are not
in contradiction with the special conditions that will be characteristic of the special relation
between PLUS and Subscriber.
19.TITLES
19.1. General Conditions titles are only heuristic and do not affect in the interpretation of their
content.
20.RECOGNITION OF CONDITIONS AND GUARANTEE PROVISION BY THE SUBSCRIBER
20.1. The Subscriber declares, agrees and warrants that has taken full knowledge of the terms
and conditions of this Contract and accepts without reservation that the General Conditions
of Contract along with PLUS list of prices and tariffs in effect, subject to PLUS time to
time modifications, performed under the provisions of applicable law and this Contract,
constitute the whole agreement between the Parties for the provision of telecommunication
services and the relevant billing of the Subscriber by PLUS.
20.2. This Contract is drafted in 2 (two) equivalent copies in Albanian, of which 1 (one) copy
for PLUS and 1 (one) copy for the Subscriber. The two copies are signed by both parties.
SUBSCRIBER: I declare that I got full knowledge and accept all the terms of this Agreement.
For and on behalf of PLUS
Subscriber
signature/seal
signature
(authorized representative name and family name)
(name-family name)
Faqe 2