General Services Conditions for Business customers
The General Terms and Conditions regulate the relations between Tele2 Eesti AS and the customer (the legal entity that has signed the contract) and are part of the telecommunication service contract. The order of precedence is based on the following sequence:
1. Subscription contract;
2. Terms of the package;
3. Instructions and standard terms (eg principle of reasonable use, etc.);
4. General conditions and pricelist for using Tele2 services.
1. Processing and protection of data
1.2. Tele2 has the right to use authorized processors for personal data processing:
1.2.1. Tele2 processes the Client's personal data itself or through authorized processors for performance of a contract or for taking measures prior to the conclusion of the contract, as well as for the transmission of contracts pursuant to the procedure and to the extent prescribed by legislation (incl. for securing the performance of the contract, settling disputes, identifying and verifying the circumstances related to the violation or for any other legal reason);
1.2.2. Tele2 has the right to disclose the personal data of the client to the holders of databases intended to enable the assessment of the creditworthiness of a person, or to forward the contracts and data related to the non-performance of the contract to third parties, including lawyers, legal and collection agencies;
1.2.3. Tele2 has the right to process the Client's personal data itself or through authorized processors on the basis of the legitimate interest of Tele2 or Tele2 authorized processor, and the Customer has the right to object to such processing at any time.
1.3. Tele2 has the right to assign the caller’s location to the emergency number "112" without its consent and to transmit the corresponding data to the persons entitled under the law.
1.4. When ordering or using a service that requires the transmission of customer-related data to third parties involved in the provision of a particular service, the customer has previously agreed to the transmission of the data that is directly necessary for the use of the desired service and agrees to fulfill any obligations arising from such service.
1.5. Security of data processing:
1.5.1. Tele2 ensures the security of the Communications Network, the content and form of the messages of the Client and the time and manner of sending the messages in accordance with the requirements of legislation;
1.5.2. Tele2 is required to keep confidential information about the customer that has become aware of it during the provision of services and to disclose it only with the consent of the client, unless the obligation to disclose the data arises from law;
1.5.3. The Client is obliged to use the Services provided by Tele2 safely and with due care and to ensure that the applications and equipment used by the Client are secured. The Client is obliged to keep the PIN Code, Password, usernames and passwords or other information or information media used for identification (eg ID card or Mobile ID) secret for the Client, his / her device, Service or e- environment or other information related to his / her identification.
2. Conclusion of the contract
2.1. For each number, Tele2 or Tele2 representative and a person wishing to use the services shall enter into a Contract.
2.2. The person wishing to use the services (Client) must enter into the contract upon conclusion or modification:
2.2.1. provide Tele2 with all necessary data and documents required by Tele2,
2.2.2. To use self-service and e-shop, identify yourself through an Internet bank, ID card or Mobile ID;
2.2.3. examine the documents related to the provision of communications services at Tele2 representative office or on the website www.tele2.ee which are an integral part of the contract and to which the contract refers;
2.3. Tele2 has the right to refuse to sign the contract or the agreement will not enter into force if:
2.3.1. The person does not provide the data and / or documents requested by the person or has provided incorrect or incomplete information;
2.3.2. it is not technically possible to connect to the Tele2 communications network in the desired area or manner of the person using the services;
2.3.3. the person owes Tele2 or another communications undertaking for the communication service provided to him;
2.3.4. the person is subject to bankruptcy proceedings;
2.4. Agreement on Number Mobility :
2.4.1. A person who wishes to have a contract in the framework of number portability is awarded a suspensive agreement. The Agreement enters into force as soon as Tele2 has notified the person of the deadline for the porting of the number and has created the possibility to use the communication services on the number indicated in the contract. A suspensive condition agreement shall not enter into force if the communications undertaking assigning the number indicated in the contract notifies the rejection of the number porting request or if the person does not terminate the subscription contract with the assigning communications undertaking within the prescribed time limit.
2.4.2. Upon conclusion of the contract, Tele2 shall commence the provision of the communication service as soon as possible. Tele2 has the right to extend the deadline for opening services in the event of any deficiencies, differences or other obstructive circumstances (including payment of prescribed amounts) revealed by the verification of the data provided by the client, and to demand their elimination within a reasonable time. Tele2 has the right to withdraw from the contract if the customer does not eliminate the deficiencies found within the prescribed term.
3.1. The length of the Tele2 billing period is one (1) month for which the invoice is made on the last day of the billing period. The billing fees are fixed in a contract between the parties or a price list published on the Tele2 website. The Customer is obliged to pay the invoice by the due date indicated on it.
3.2. If the invoice is not received, the customer is obliged to inform Tele2 immediately by the 10th day of the calendar month following the provision of the service. If the Customer has not notified Tele2 of any change in the data, the documents and invoices prepared and forwarded by Tele2 on the basis of unmodified data shall be deemed to be received by the Customer.
3.3. Tele2 has the right to demand that the customer pay for the services not previously settled but used by the customer.
3.4. Tele2 mediates, under the conditions established by Tele2, roaming services, which are paid on the basis of Tele2 invoices, based on the price list of the undertaking providing communications services in a foreign country, which is published on the Tele2 website;
3.5. If the customer fails to pay the invoice submitted to him in due time, Tele2 shall be entitled to demand an interest for late payment of 0.15% per day for each day of delay.
3.6. If the customer disputes the invoice submitted to him before the due date, the invoice will be suspended for the entire invoice. The client pays Tele2 the disputed invoice, in the legal part, after the settlement of the dispute. In the event of unjustified challenge, Tele2 shall be entitled to charge interest for undue payment in accordance with clause 3.5.
3.7. Tele2 undertakes to submit to the Customer a final statement within three (3) months from the date of termination of the Agreement.
4. Parties’ rights and obligations
4.1. The CLIENT has the following rights when using the Services:
4.1.1. to use the telecommunication services offered by Tele2 and agreed upon in the contract and to demand the elimination of malfunctions that prevent the service from functioning from Tele2;
4.1.2. call free national and European emergency number "112" if necessary;
4.1.3. to demand that the service be restricted to the extent desired by him, Tele2 undertakes to apply this restriction within one working day of receiving the relevant application.
4.1.4. cancel the telecommunication service agreement at any time without prior notice. The cancellation of the contract shall be deemed to be effective from the working day following receipt of the notice, if the notice does not contain a later date.
4.2. The CLIENT has the following obligations when using the Services:
4.2.1. monitor the credit limit assigned to it and, if necessary, make advance payments upon exceeding the credit limit;
4.2.2. use equipment (telephone, modem, etc.) and Tele2 SIM card according to their intended purpose in accordance with the contract and not to cause interference in the Tele2 communication network and / or other communication networks. When using a device causing interference that causes damage to Tele2 or a third party, the Customer undertakes to compensate for the damage caused;
4.2.3. notify Tele2 of any modification of the contract-related contact details or other circumstances that may affect the performance of the contractual obligations;
4.2.4. in the event of the loss or theft of the device and / or SIM card, the customer must immediately notify Tele2 of the suspension of the provision of communications services. The Client undertakes to pay for the services used until the notification is sent;
4.2.5. The Customer is prohibited from providing, intermediating, selling or otherwise using Tele2's services to third parties under the Agreement without the consent of Tele2, except for personal purposes. This prohibition includes, but is not limited to, the provision or intermediation of a voice and / or data communication service for commercial purposes using a Tele2 communications network and a Tele2 SIM card. The Customer is obliged to terminate the infringement immediately upon the first request of Tele2 and to pay Tele2 a contractual penalty of up to 3200 EUR and to compensate for the actual damage. Tele2 has the right to file a claim for a contractual penalty within six (6) months from the date Tele2 became aware of a breach of contract by the customer. A customer who violates the obligation set out in this clause is not considered a consumer within the meaning of the Consumer Protection Act;
4.2.6. not to use the services to perform or promote acts that are contrary to the contract, conditions, legislation or good practice or otherwise inappropriate. The conduct of such prohibited acts or acts constitutes a material breach of the Communications Service Agreement;
4.2.7. the customer is obliged to reimburse Tele2 and Tele2 authorized third party expenses related to the collection of debts from the client;
4.2.8. to notify Tele2 of any known communications network failures.
4.3. TELE2 has the following rights in providing the Services:
4.3.1. if the credit limit is exceeded, continue to provide services to the client;
4.3.2. to disable devices that have been stolen, lost or altered in a manner that interferes with the operation of the communications network and / or is otherwise contrary to the terms or regulations by unblocking the IMEI code without prior notice;
4.3.3. Tel2 has the right to ask for service fees according to the price list.
4.4. Tele2 has the right to restrict the provision of the service to the Customer if customer:
4.4.1. is over 14 days in arrears or exceeds the credit limit imposed on him / her;
4.4.2. has connected a non-operational or non-compliant device to the Tele2 communications network and / or if the customer interferes with the use of such a device by the communications network or other users;
4.4.3. seriously violates the terms of the telecommunication service agreement or law;
4.4.4. in case of restriction of the service, Tele2 shall inform the client in a reasonable manner, also indicating the time and reason for the restriction. Tele2 has the right to demand reimbursement of the costs incurred by the customer for restoring the possibility of using the service in accordance with the price list for a reason arising from the customer, upon removal of the grounds for restriction;
4.4.5. if the service is limited by reason of the customer and the basis for restriction has not ceased within one month of its occurrence, Tele2 has the right to cancel the agreement without prior notice;
4.4.6. Tele2 has the right to restrict the provision of the service to the customer if the restriction is necessary for the installation, maintenance or exchange of the communication network equipment;
4.5. TELE2 has the following obligations when providing Services:
4.5.1. to provide or mediate services to the client in accordance with the contract, quality requirements and legislation;
4.5.2. notify the customer via Tele2's homepage or via SMS of changes to Tele2's contacts, large- scale changes to Tele2's communications network numbers or technical failures known to Tele2, including scheduled maintenance and repair work on the Tele2 communications network;
4.5.3. ensure the quality of communications services that meet the quality requirements and parameters in the Republic of Estonia, in advance informing customers through the website, to take appropriate measures to reduce the risks related to the security or integrity of the Tele2 communications network and to avoid overload or overload of the network connection;
4.5.4. arrange for the customer to receive fault messages on the Tele2 information telephone and to eliminate the failure of the Tele2 communications network within one working day after becoming aware of the fault. In order to compensate for the damage caused by the extraordinary failure of the Tele2 communications network, the client must make a corresponding application to Tele2. Tele2 compensates the customer for a fee at the time the customer was unable to use the service on the basis of an application from the respective client.
5. Changing the contract
5.1. Tele2 may unilaterally change the terms of a communication service contract in the following cases:
5.1.1. if the need arises from the amendment of the legislation or if, after the conclusion of the telecommunication service contract, the circumstances on the basis of which the contract is concluded change and this entails a substantial increase in the costs of performance of the contract;
5.1.2 if the need arises from the technical or substantive development of the sector or services (including renouncing, modifying, renewing or replacing a particular technical solution), creating additional or better opportunities for customers to use the Services, or the need to specify the circumstances related to the provision or use of the Services;
5.1.3 if the need arises from legislation or case-law, from a decision of a national institution, from a precept.
5.2. Tele2 may unilaterally change the price list of the telecommunication service contract if the fees and conditions included in the price list have changed in relation to the change in the consumer price index, labor or other input costs, the scope, parameters or other similar costs of the service.
5.3. Tele2 shall notify the Customer of any changes and / or amendments to the Terms and / or Price List by sending an invoice and / or e-mail to the customer (in the absence of an email address, by mail to the postal address). In addition to the above, Tele2 may additionally notify changes via the Self-Service Environment, SMS and Tele2 website. The calling card user will be notified via SMS and a message on Tele2's website.
5.4. Notification of changes shall be communicated at least one (1) month before their entry into force.
5.5. If the customer does not agree to the changes, he / she has the right to cancel the contract without paying the contractual penalty by notifying Tele2 customer service within one (1) month from the notification of the changes. The cancellation of the Agreement does not release the Client from the fulfillment of obligations arising from the cancellation of the Agreement.
5.6. If the customer does not rescind the contract within one (1) month after notifying the changes, it is deemed that he / she has accepted the amendments and does not object to Tele2 in this regard.
6. Special Conditions for Fixed Term Contracts
6.1. Tele2 enters into a fixed-term contract with a person who purchases a device with a discount from Tele2 or receives another discount from Tele2, the use of which requires the conclusion of a fixed- term contract.
6.2. Termination of a fixed-term contract stops the term of the contract. Upon termination of the suspension, the time period for the client shall continue from the day of continuation of the provision of communication services.
6.3. The Client has the right to cancel the contract without payment of the contractual penalty if it is caused by Tele2 unilaterally changing the terms and / or price list in accordance with clause 5.5. or if this is due to Tele2's breach of contract.
6.4. Section 6.3. In cases arising from the contract, the customer has the right to pay the unit (s) for a fixed-term contract in a lump sum or in installments.
6.5. Upon cancellation or termination of a fixed-term contract, the customer is obliged to pay the contractual penalty at Tele2's first request in accordance with the price list and to reimburse the cost of the terminal equipment included in the package according to the terms of the fixed-term contract.
6.6. If, after the expiry of the term of the fixed-term contract, the customer does not rescind the contract with him and / or Tele2 has not notified the customer of the termination of the contract at least seven (7) days before the expiry of the term, the agreement shall continue for an indefinite period.
7.1. Tele2 shall be liable only for direct damage caused to the customer intentionally or through gross negligence. Tele2 shall not be liable for any other damages that may be incurred by the Customer, nor shall it be liable to indemnify for any loss of profit, loss of business expenses or profit, loss of the Company's share or the value of the Company or other similar losses.
7.2. Tele2 is solely responsible for malfunctions or malfunctions of the Tele2 communications network or equipment caused by Tele2's fault or gross negligence. Tele2 is not responsible for the lack of services due to Tele2's communications networks that are not under the control of the telecom or other communications service providers.
7.3. Tele2 shall not be liable for any circumstances affecting the availability and quality of the services, but regardless of Tele2, including, but not limited to, weather conditions and other factors causing radio interference, software and mechanical damage to technical equipment or failures in communications networks to which the Tele2 communications network is connected.
7.4. If the performance of a party's obligations is partially or wholly impossible due to force majeure, a circumstance that a party cannot influence, the counterparty shall not be liable for failure to perform the obligation until such circumstance hinders performance of the obligations.
8. Other Terms
8.1. If one or more provisions of this Agreement become invalid, unlawful or unenforceable in any way, it shall in no way affect the validity, lawfulness or applicability of the Agreement if the Agreement can be valid without any provision (s).
8.2. The terms and conditions of the contract (including all pre-contractual information and information provided during the term of the contract) shall be provided to the client in Estonian, which prevails over translations in foreign languages.
8.3. The contract is governed by the law of the Republic of Estonia. Disputes between the Customer and Tele2 will first be resolved through negotiations. Failure to reach an agreement will resolve the dispute in Harju County Court.
8.4. This Act enters into force on 25.07.2018 and will invalidate any earlier Act.