1. Subject and general terms of the Contract
  2. Scope of services
  3. Start of Contract
  4. Conditions of supply and delivery
  5. Balance account
  6. Expiration of SIM card and credit
  7. Tariffs
  8. Contract termination
  9. Liability and Force Majeure
  10. Data protection
  11. Final Contract provisions and legal responsibilities

1. Subject and general terms of the Contract

1.1 The given subject and general terms of the Contract regulate the contractual relationships  between SIA Telecom Discount, 83/85 A. Čaka, LV-1011 Riga, Latvia, registration № 40003740779 (hereinafter «the Provider») and the Customer on usage of mobile telecommunications services and acquisition of purchased items.

1.2 The Provider renders services of mobile communications within the requirements of up-front (prepaid) payments in accordance with the subject and general terms of the Contract as described below; by submitting an order for services the Customer confirms they are aware of and agree with the general terms of the Contract. Additional to the given general terms of the Contract are the description of the services and price list, available on the web-site http:// www.airBalticcard.com.

1.3 In the case of individual clauses of the given general terms of Contract becoming completely or partially invalid legally, due to legally binding governmental regulations, the other clauses of the given Terms and Conditions of Contract will remain in force without alterations. The Provider is vested with the right to make alterations to the general terms of Contract after signing of the Contract, if common circumstances have been changed or changes in governmental legislation make this necessary. 

1.4 The Provider has the right to send information concerning contractual relationships with the Customer to the address, e-mail address, or fax number specified by the Customer or in the form of short messages (SMS) to the Customer’s airBalticcard Mobile network number.

2. Scope of services

2.1. The scope of the Contract on mobile communications within the requirements of upfront payments between the Provider and the Customer is determined by the actual content publicised on the internet site www.airBalticcard.com, then-current services and price lists, as well as general terms of Contract, which can be altered by the Provider without preliminary notification to the Customer.

2.2. The Customer purchases from the Provider a SIM card together with: phone number, two PIN numbers (PIN 1 and PIN2), two matching individual de-blocking codes (PUK 1 and PUK 2), 19-digit serial SIM-number (needed for identification when communicating with the Provider’s technical support services) in accordance with the then-current price lists.

2.3 airBalticcard SIM card phone number is being handled to the Customer within  the conclusion 
of an Contract, along with the issuing of airBalticcard SIM card.
 
2.4 Within the Provider’s offer, the Customer is vested with the rights to use voice communications, to send SMS and data through the international mobile networks if the technical capabilities of the Provider so allow and it is validated by international operators

2.5 When submitting an order for goods and services, the Customer should be fully aware that not all devices and hardware available on the market can technically support the Provider’s offered services. 

2.6 Provisional restrictions, interruptions or flaws within mobile communications services from the Provider could arise from, among others, force-majeure circumstances and catastrophes, atmospheric effects, disruptions of electrical supply outside the Provider’s control, strikes and civil riots, as well as technical alterations to the Provider’s hardware and equipment (for instance improvements to network, relocation of equipment) as well as other activities (for example, technical maintenance, repair, etc.) deemed necessary for the appropriate rendering of services or improvements of services (see also p. 9).

3. Start of Contract

3.1 The Contract comes into force upon arrival of the Customer’s complete payment to the Provider’s bank account.

3.2 All the Provider’s commercial offers and associated written forms are not legal binding.

4. Conditions of supply and delivery

4.1 Delivery of hardware (such as SIM cards, GSM equipment, etc.) is generally carried out within 7 working days of arrival of the Customer’s up-front payment but not later than 30 days from arrival of up-front payment. Deliveries are made to the address provided by the Customer. The Customer shall bear all expenses that may arise due to the provision of incorrect, incomplete or unclear data.

5. Balance account

5.1 The Customer shall make up-front payments (prepayments) for receiving the services by purchasing the balance and transferring it to the corresponding Balance account.

5.2 The Provider shall deliver goods and render services on condition of prepayment only. The payment shall be considered executed when the sum of money to be transmitted by the Customer arrives at the account of the Provider.

5.3 All charges from the Balance account shall be taken in accordance with the price lists in force. Separate charges may be taken with delays. The Provider may make recalculations that might be necessary because of deductions on the balance after receipt of further incoming funds.

5.4 The Provider allows the Customer to verify their prepaid balance; to do this the Customer must use the actual GSM cell phone menu and find the "check balance” directory. The calculation is made in real time. In no way any obviously erroneous data of the current account shall entitle the Customer to demand from the Provider to render the service in the corresponding but erroneous amount.  [Again, I’m not sure about the last sentence. Does it mean the Provider is not liable for any discrepancy in the account?]

5.5 The Provider allows the Customer to check their balance account online by visiting the website www.airbalticcard.com and visiting his/her personal account. The account data is for information only and constitutes no grounds for the Customer to forward any inconsistency claims.
 
5.6 All active prepaid connections are terminated immediately when the balance runs out.

5.7 Funds are added to the Balance account when the corresponding amount arrives at the account of the Provider or upon authorization of the transaction executed by a credit institution. If an airBalticcard voucher is used to replenish the account, its nominal value is added as a prepayment within several minutes.

5.8 In the case of a Customer indicating a wrong phone number or the number of a different Customer, there is the chance that the balance could be transmitted to the wrong account. In such a case, the Provider, unless it is the Provider’s fault, shall not be liable for misuse of the balance and will only reimburse the Customer the amount of balance that was currently on the Customer’s account at the moment when the Customer informed the Provider of the top-up error.                                                                                                         [Please check 5.8]

5.9  If the SIM card has been lost, the Provider will transfer the remainder of the current balance to a new SIM card after blocking the old SIM-card, on the request of the Customer and if the phone number is preserved. The Provider shall charge the Customer in accordance with the price list.

6. Expiration of SIM card and credit

6.1 Duration of the airBalticcard SIM card’s validity is unlimited, as long as it is being used regularly. In the case of the SIM-card not being used for 730 days, or the balance not being refilled, the prepaid card will be finally deactivated and the Contractual relationship between the Provider and the Customer will be deemed terminated. If upon termination of the Contractual relationship there is a remaining balance left, it is possible to request that sum be returned during the following 30 days. The reimbursement request shall be sent by registered letter to the Provider's address, giving accurate and complete Banking details. Upon the expiration of 760 days since the card was last used, the Provider reserves the right to ignore associated claims and to use the Customer's number again for other clients.

7. Tariffs

7.1 All the tariffs and prices of the ordered products are deemed to be confirmed between the Customer and the Provider in accordance with then-current rates, tariffs and prices for appropriate services and goods indicated on the web-site www.airbalticcard.com.

7.2 The Customer hereby confirms that all payments for use of the services are to be made in according with existing price lists. The existing rates can be found 24/7 on the website www.airbalticcard.com.

7.3 Telephone voice communications are charged per minute and the time is rounded up to the next full minute. Therefore, the minimum charge for telephone voice communications within protocol SS7 is 1 minute multiplied by the actual rate per minute.

7.4 The Customer receives information regarding changes in prices for the Provider’s services by regularly visiting the website www.airbalticcard.com. Such changes can be executed and cancelled at any time. If the Customer continues to use the services delivered by the Provider, it shall be deemed that the Customer has agreed and accepted the new rates and prices.

7.5 In case of theft of or damage to the Customer’s SIM card, the Provider shall not be obligated to provide compensation or reimbursement to the Customer for already paid services. Also, the Provider is not obligated to reimburse the cost of the SIM card. The Provider can block the SIM card from further use only upon receiving notification from the Customer.

8. Contract termination

8.1 As the Customer is the buyer and makes a mobile-communications Contract for prepaid services by means of the  Internet, the Customer has the right to withdraw from the Contract within 7 (seven) working days of  receiving the goods without notification of reasons. Notification of withdrawal shall be received by the Provider during the period specified above at this e-mail address: info@airbalticcard.com

8.2 In the case of the Customer withdrawing from the Contract, he/she is obliged to return the goods to Provider to receive their money back. Reimbursement will be made only where the goods are in tradable condition (SIM card is not removed from the plastic holder is not damaged). The Customer covers related shipping expenses. In the case of goods being returned damaged or downgraded, there will be no reimbursement to the Customer.

8.3 The Provider reserves the right to cancel the Contract at any time unilaterally and to block and/or discard funds from the Customer's balance if the Provider has reason to believe that: the Customer has provided false data and/or is using the services of the Provider with malicious intent and/or is using the services of the Provider in violation of the Criminal Law and/or there are reasonable suspicions of unlawful use of the services and/or there is threat of damage to the equipment of the Provider, roaming partners/operators or a threat to national security.

9. Liability and Force Majeure

9.1 The Provider shall not be responsible for any delays as the result of failure of the roaming partners to perform their obligations if such delays or failures are caused by reasons beyond the control of the Provider.

9.2 Instances of such reasons are power outages and unpredictable and unavoidable events beyond any control of the Provider and circumstances for which the Provider is not responsible, these are wars, acts of God, strikes, industry regulations, telecommunication networks failures that shall make the Provider exempt from liabilities and obligations to render services for the period of their duration. Should such failures last for a time longer than two weeks then either of the Parties can terminate the current Contract. If the Provider delays the service, the Customer shall have the right to terminate the Contract upon expiration of a certain extra notified recovery period, conditioned by the Customer.

9.3 The performance and quality of mobile services may be at certain times and locations influenced by radio signals, atmospheric and geographical conditions, technical and operational reasons (maintenance work, repairs, reaching the limit of power, power outages). The temporary shortages, downs, limitations or interruptions of services may occur due to emergencies and disasters or because of Force Majeure circumstances (including strikes, floods and fires). In such cases, the Customer is not eligible to demand reimbursement of damages, reduction of prices, or to forward other claims.

9.4 Provider shall not be responsible for delays or default of  roaming partners, if such delays and defaults are caused by reasons beyond the control of the Provider, nor shall  the Provider be responsible for the accuracy of the content or completeness of the content (information) obtained through the services of third parties.

10. Data protection

10.1 The Customer expresses his/her consent to the full processing (gathering, collecting, storage) of his/her data by the Provider with further use of the data.

10.2 The Provider takes responsibility for the careful processing of Customers’ data and data protection in accordance with relevant legislative acts in force. Latvian requirements on data protection, personal information, or related technical arrangements are the primary legislative acts for execution by the Provider. Customer-related information shall never be transferred to third parties, unless it is necessary to do so within the bounds of the current Contract.

10.3 The Customer hereby expresses consent to receive information on the services of the Provider by email or SMS. The Customer can revoke his/her consent at any time.

11. Final Contract provisions and legal responsibilities

11.1 All disputes arising from the Contract on the Provider shall be legislated in the arbitration court located in Riga, the Republic of Latvia.

11.2 The General Terms and Conditions and supply and delivery of services are subject to the laws of the Republic of Latvia. Therefore, UN legislation or Conventions on trade, market agreements are not applicable.

11.3 Verbal agreements are not valid. All alterations and additions to the Contract and the General Terms and Conditions shall be made in writing only.

11.4  In the case of one or several clauses of the General Terms and Conditions becoming invalid for any legal reason, all other clauses of the General Terms and Conditions of Contract will remain in force without alterations.