GENERAL CONDITIONS FOR
INTERRELATIONS WITH CUSTOMERS OF FIXED VOICE TELEPHONE SERVICES,
PRESENTED BY “TELECOM PARTNERS NETWORK” AD

1. GENERAL CONDITIONS

1.1. The present GENERAL CONDITIONS settle the interrelations between “Telecom Partners Network” AD, with a seat and registered address: Sofia, 63 Shipchenski Prohod Blvd. and having an individual license No. 116 А–02916-04/12.09.2005 for the realization of a fixed voice telephone service, hereinafter for brevity purposes referred to as TPN, with the consumers of fixed voice telephone services (hereinafter referred to as “services”), presented by TPN.

1.2. “Consumer” in the meaning of the present General Conditions is a physical or juridical person who has accepted the present General Conditions through a contract and uses the services presented by TPN.

1.3. The present General Conditions are mandatory for TPN and the Consumers, which is certified with their signatures in the service presentation contract.

2. CONTRACT FOR SERVICE PRESENTATION TO CONSUMERS

2.1. The interrelations between TPN and the Consumers are settles with written contracts. The present General Conditions are an inseparable part of the contracts.

2.2 The contract according to item 2.1. is not limited by time, if not stipulated otherwise. The contract, concluded as terminal, shall continue its action for an indefinite period of time upon nonexistence of a prior written termination notification from any of the parties before the expiration of the initial contract term.

2.3. Upon contract conclusion, the Consumer is obligated to indicate his identification data and to certify their authenticity by presenting to TPN the following documents.
2.3.1. For physical persons – personal identification document;
2.3.2. For juridical person – (a) a court resolution for registration or an equivalent document, if the juridical person is not entered into a court register, or an act by a competent state body, (b) current status certificate, issued by the competent court (if applicable), (c) tax registration document, (d) BULSTAT registration document.

2.4. Upon change of data according to item 2.3., the Consumer ought to inform TPN in a three-day term.

2.5. TPN has the right to authorize in writing third persons to conclude on its behalf contracts with Consumers wishing to use services presented by TPN, to perform activities related to exercising its rights and/or execution of its obligations with regard to respective contracts, as well as to collect payments by Consumers according to service contracts on its behalf.

2.6. Consumers do not have the right to transfer to third persons entirely or partially the rights and/or obligations according to their written contract with TPN, except in cases when the latter has given his unambiguous written consent for the transfer realization.

3. SERVICES PRESENTED BY TPN

3.1. Through its public telecommunication network, TPN presents fixed voice telephone services in accordance with its individual license. Services provide to the Consumer the opportunity to realize settlement, inter-settlement and international calls, as well as calls to mobile telephone networks. TPN also provides free-of-charge Consumer access to the emergency calls services.
TPN ensures the routing of the Customer calls through the direct reciprocal connection of its telecommunication network to the networks of the other fixed and mobile telecommunication operators. This guarantees the high quality and reliability of the offered service.
As a means for presenting the fixed telephone service, TPN can set up end access equipment at the installations of the Consumer.
The offered types of subscriber access are:

1. ISDN PRA(ISDN30) – allows the realization of up to 30 simultaneous calls.
2. ISDN BRA(ISDN2) – allows the realization of up to 2 simultaneous calls.
3. POTS – analog subscriber’s phone
3.2. TPN provides the Service with a quality corresponding to the following indicators:
1. the evaluation factor for voice transfer (R factor) is not less than 80;
2. unidirectional delay is not more than 50 ms;
3. number of subscriber’s line damages is up to 1%;
4. time of damage elimination is 4 hours;
5. percent of unsuccessful calls is up to 20%;
6. time for connection establishment is up to 10 seconds;
7. time for connection establishment (call back) of calls via an operator is up to 12 seconds;
8. time for connection establishment (call back) of calls to telephone reference services is up to 12 seconds;
9. percentage of complaints regarding correct billing is up to 0,01% for 1 000 issued invoices;
3.3. The services, which TPN is obligated to provide, are indicated in detail in the contract concluded with the Consumer.

3.4. The types of services used by the Consumer according to a specific contract, can be altered through additional agreements between TPN and the Consumer, which become an inseparable part of the contracts.

3.5. Service presentation ought to begin in a 7-day term after the contract comes into effect, except if not stipulated otherwise in the written contract concluded with the Consumer, but not later than 21 days after the signing of this contract.

4. FINANCIAL CONDITIONS

4.1. The service prices are determined by TPN in accordance with the Telecommunications Act (chapter sixteen, section I).

4.2. TPN can determine price service packages as well as different prices and price cuts depending on the service usage volume, the Consumer category, the mutual voluntary usage of two or more service selected by the Consumer, as well as on the grounds of other objective criteria.

4.3. The TPN determined prices contain the following components:
4.3.1. Price for connection to the public telecommunication network of TPN – paid non-recurrent at the moment of contract conclusion;
4.3.2. Monthly subscription charge;
4.3.3. Monthly charge for the loan of equipment, provided by TPN;
4.3.4. Monthly charge for calls made.

4.4  The pricing of calls made by the Consumer is effectuated on the grounds of their duration. A call duration is the period between the receipt of a signal for the establishment of a connection, received by the called side (B-user) and the receipt of a signal for call break-down. A call break-down can be caused by an A-user as well as by a B-user, the break-down itself is considered realized at the first interruption moment, regardless of whether it is caused by an A- or B-user.

4.5. The service prices are indicated in a TPN price list effective at the moment of service usage.

4.6. TPN preserves its right to unilaterally change at any time its price list, by publishing information for each change in one local/national daily newspaper. TPN presents the information of changes in its price policy free of charge in its offices on the territory of the Republic of Bulgaria. The alteration of the price list comes into effect in a 7 (seven) day term after its announcement in the ways indicated here above.

4.7. TPN issues an invoice to Consumers for the service used between the first and tenth date of the month, following the month for which payment is due.

4.8. The price for connection to the TPN public telecommunication network and the monthly subscription charge are pre-paid, and the latter is included in the invoice for the service used and is paid during the month preceding the month for which a subscription charge is due.

4.9. A monthly charge for the loan of equipment, provided by TPN and the monthly price for calls made are paid by Consumers in a 15 (fifteen) day term from the issuance of the respective invoices.

4.10. TPN has the right to enter a credit limit for certain Consumers depending on their financial status and solvency. TPN has the right to terminate the providing of the service to the Consumer upon the reaching a certain credit limit. Upon payment of due amount, the service is resumed.

4.11. The way of payment of the amounts due by the Consumer is negotiated in the contract in correspondence with the Bulgarian National Bank payment regulation. The possible forms of payment are cash, through a bank or through electronic payment. In case of payment delinquency, the lawful moratory interest is calculated.

4.12. Non-receipt of invoice does not exonerate the Consumer from payment.

4.13. Upon request, TPN provides to Consumers complimentary information for the prices of services and price packages.

4.14. TPN  stores prices records of the indications of all charging systems for a term of not less than 6 (six) months.

5. RIGHTS AND OBLIGATIONS OF TPN

5.1. TPN is obligated to provide services in conformity with the active legislation of the Republic of Bulgaria, the individual license according to item 1.1., the contracts concluded with the Consumers and the present General Conditions.

5.2. TPN is obligated to provide a free of charge access to the emergency calls services until the termination of the contract according to the General Conditions.

5.3. TPN has the right to receive all amounts due by the Consumers for provided services.

5.4. TPN has the right to deny service access to a Consumer who has outstanding collectables from another TPN contract as well as in case of non-presentation of required documents for conclusion of contract according to item 2.3.

5.5. TPN is obligated to realize constant monitoring of the service presentation. Upon technical problems in the network, TPN is obligated to eliminate the problems in the shortest terms possible in accordance with item 3.2.

5.6. TPN has the right to temporarily stop the service provision when required due to the implementation of prophylaxis check-ups, repair works or activities related to network development. TPN is obligated to notify the Consumer in advance for possible interruptions as well as for probable deteriorated quality of services provided. The notification is executed in writing or through the TPN web page as well as in the TPN offices on the territory of the Republic of Bulgaria. TPN is obligated to also declare the supposed termination term or the deteriorated service quality.

5.7. In case of culpable non-execution of the obligation for a preliminary notification according to item 5.6., TPN owes a default to end users in the amount of 0.5% per day of the monthly subscription charge from the date of interruption/deteriorated service quality until the termination of the prophylaxis check-ups, repair works or activities related to network development.

In case the prophylaxis check-ups, repair works or activities related to network development according to item 5.6. continue after the term declared for their supposed completion, to the end user is restored or after an agreement between the parties is deducted an amount from the next monthly subscription charge determined on the basis of the monthly subscription charge and the number of days with which the prophylaxis check-ups, repair works or activities related to network development are overdue.

5.8. TPN is obligated to declare addresses and phone numbers for contact with Consumers in relation to repairs, problems during service usage, conditions for service usage, complaints and questions.

5.9. TPN is obligated to ensure and protect the secret of the messages delivered in the process of service usage.

5.10. TPN is obligated to give a prior written notification to the Consumer regarding request for access to his premises.

5.11. TPN has the right to change the subscriber’s numbers of the Consumer in case this is necessitated as a result of changes in the active legislation, alterations and amendments to the Individual license according to item 1.1. or due to technological necessity as a result of structural changes in the TPN network. TPN is obligated to notify the affected Consumer for the subscriber’s numbers change.

5.12. In case TPN does not observe the term for service provision, TPN owes to the respective Consumer a default in the amount of 1% (one per cent) of the price for connection to the TPN network for each day of delay, but not more than the whole amount of the connection price.
5.13. TPN is not liable for interruption or deterioration of the service quality in the cases when these circumstances are not due to its culpable behavior, for example – force majeure circumstances, as well as all other circumstances, which the company has not been able to foresee or prevent.
5.14. Upon request from an end user, TPN is obligated to present a detailed reference for his subscriber’s account. The request ought to be directed to TPN in writing and not later than the end of the month following the month for which the subscriber’s account is. TPN is obligated to present the detailed account not later than 30 days from the date of receipt and entry according to TPN’s registered address of the written request of the consumer.

6. RIGHTS AND OBLIGATIONS OF CONSUMERS

6.1. Consumers have the right to use the services in accordance with the active legislation of the Republic of Bulgaria, the individual license according to item 1.1., the contracts concluded with TPN and the present General Conditions.

6.2. Consumers have the right to receive information from TPN regarding the conditions for service usage and answers to questions related to service usage.

6.3. Consumers are obligated to pay due prices for service usage in the amount, terms and conditions stipulated by TPN.

6.4. The Consumer is obligated not to disclose or allow the disclosure to third persons of information related to the conditions of the contract with TPN.

6.5. The Consumer has no right to present compensated services according to these General Conditions to third persons as well as other services related to the subscriber’s numbers presented by TPN without the prior written permission of TPN.
6.6. Upon delay on the part of Consumer, related to the payment of due amounts, the Consumer owes a default to TPN in the amount of 0.5% (zero point five per cent) from the overdue amount for each day of delay, but not more than the amount of the whole connection amount.
6.7. During use of service, the end users have the right to use only end device with an estimated conformity and released on the market in accordance with the Regulation on Essential Requirements and Estimation of the Conformity of Radio Equipment and End telecommunication Devices (publ. State Gazette, issue 79 of 2002, in effect since 12.09.2002) and the other normative acts in this sphere.

7. PERSONAL DATA PROTECTION

7.1. In order to provide services, TPN has the right to collect, process, use and store the following Consumer data:
7.1.1. Consumer name and address;
7.1.2. Type of service used by Consumer;
7.1.3. Number of calling Consumer and number of called Consumer;
7.1.4. Beginning and end of call data (date and hour);
7.1.5. Other data required for service construction and maintenance;
7.1.6. Information for changes in service usage;
7.1.7. Data required for payment of used services and preparation of subscriber’s account.

7.2. Upon collection, processing, usage and storage of data according to item 7.1. here above, TPN is obligated to observe all obligations for their protection stipulated in the Telecommunication Act and the Personal Data Protection Act.

8. COMPLAINTS, REQUESTS AND SUGGESTIONS

8.1. Each Consumer has the right to place complaints, requests and suggestions to TPN and CRC in relation to services presented by TPN.

8.2. Complaints, requests and suggestions addressed to TPN are entered into a special register with an incoming number and date. TPN is obligated to store information in the register for a period not less than 6 (six) months. TPN is obligated to consider the Consumer complaints in a one-month term from their entry into TPN.

8.3. The invoice amount contest does not exonerate the Consumer from his obligation to pay. Upon effectuation of a competent body resolution as well as in case of complaint access on the part of TPN, the disputed amount is deducted from the value of following invoices, if there are such, or is returned in a 30-day term.

9. EFFECTUATION AND MODIFICATIONS

9.1. These General Conditions can be modified on the initiative of TPN or by a Consumer suggestion. Modifications are coordinated with the CRC.

9.2. TPN shall publish a notification for the coordination of the General Conditions as well as for the publication spot of the coordinated text in a 7 (seven) day term after their coordination or modification and they shall come into effect in a 7 (seven) day term after publication. TPN shall publish the above stated notification in an at least one central daily newspaper.
Consumers with a grandfathered contract have the right to decline modifications of General Conditions in a 7 (seven) day term after publication.
TPN presents to Consumers free of charge copies of the General Conditions in each of their offices on the territory of the Republic of Bulgaria.

10. TERMINATION OF CONTRACT WITH CONSUMER

10.1. The Consumer can unilaterally terminate the contract with TPN with a 30 (thirty) day prior written notification and after payment of all due amounts.

10.2. TPN can unilaterally and immediately terminate the contract with the Consumer in case of:
10.2.1. Delay in payment of used services for more than 3 (three) months as well as in the presence of overdue liabilities or violations of another contract between TPN and the Consumer.
10.2.2. Indication on the part of the Consumer of a false address for receipt of payment notifications.
10.2.3. Upon systematic violation on the part of the Consumer of the present General Conditions despite sent written notifications.
10.2.4. Upon divestment of the Individual License of TPN according to item 1.1. along the order stipulated by law.

10.3. The contract can be terminated before its expiration in the following cases:
- Upon occurrence of circumstances of an insurmountable force according to Art. 306 of the Commercial Act;
- As a result of activities or acts of competent state bodies, which leas to the limitation of the authorities or functions of any of the parties.
- Upon liquidation or declaration of bankruptcy of one of the parties to the contract as of the effectuation of the respective resolution;
- According to the resolution of a jurisdiction body.

11. CONCLUDING PROVISIONS

11.1. Disputes that have arisen between the Consumer and TPN are settled through negotiations according to the clauses of the concluded contract, the general conditions and the active legislation of the Republic of Bulgaria. If an agreement cannot be reached, the dispute is related to the respective civil court.

11.2. For the interpretation and application of the present General Conditions, the regulations of the active legislation of the Republic of Bulgaria should apply.

11.3. Written correspondence between TPN and the Consumers is realized through registered mail, facsimiles or electronic mail.

„Telecom Partners Network” AD