General Services Conditions for Private customers
These general conditions govern the relationships between Tele2 Eesti AS and the customer (the individual who concluded the contract) and form a part of the communications contract. The conditions have the following order of priority:
1. subscription contract;
2. the conditions of the package;
3. the guidelines and other standard terms (e.g. the principle of reasonable use, etc.);
4. The general service conditions and price list of Tele2.
1. Processing and protection of data
1.2. Tele2 has the right to use processors for processing personal data.
1.2.1. Tele2 processes the customer’s personal data on its own or via processors for the purpose of performance or conclusion of a contract, also for the transmission of contract in accordance with the procedure and to the extent provided by law (incl. for ensuring the performance of the contract, resolution of disputes, establishing and proving of circumstances related to a breach, or for another reasons provided by law).
1.2.2. For the purpose of ensuring the performance of a contract, Tele2 has the right to disclose the customer’s personal data to the keepers of databases designated for the assessment of the creditworthiness of persons or to transmit contracts not performed by the customer and the respective data to third parties, including to law firms and debt recovery undertakings.
1.2.3. Tele2 has the right to process the customer’s personal data on its own or via processes based on the legitimate interests of Tele2 or its processor, and the customer has the right to object to such processing at any time.
1.3. Tele2 has the right to determine the location of a person calling the emergency number 112 without the caller’s consent and transmit the respective data to persons entitled thereto by law.
1.4. Upon ordering or using a service that calls for the transmission of data to third parties who are involved in the provision of the service, the customer has granted prior consent to the transmission of their data that are directly necessary for using the requested service and consent to the performance of possible obligations arising from such service.
1.5. Security of processing data
1.5.1.Tele2 ensures the security of the communications network, the secrecy of the substance and form to the customer’s messages, and the secrecy of the time and manner of sending the customer’s messages in accordance with the law.
1.5.2. Tele2 is required to maintain the confidentiality of the customer’s data disclosed to Tele2 in the course of provision of the services, and to disclose these only with the customer’s consent, unless the obligation to disclose the data arises from law.
1.5.3. The customer is required to use the services provided by Tele2 in a secure manner and with the required level of care, and ensure that the applications and equipment used by the customer are secure. The customer is required not to disclose to third parties the PIN, password, usernames or passwords of the customer, its device, service or e-Environment, to the change the information or data carriers used for identifying themselves (e.g. ID card or Mobile ID).
2. Conclusion of the contract
2.1. If neither party demands that the contract be concluded or amended in writing, the parties may conclude or amend the contract in any other form, for example, by e-mail, unless the contract form is prescribed by law.
2.2. Tele2 has the right to refuse to conclude the contract or the contract will not enter into force where:
2.2.1. the person wishing to conclude the contract does not submit the required data and/or has submitted incorrect data;
2.2.2. at the time of submission of an application, it is not technically possible to connect the terminal equipment to the communications network in the area and manner requested by the person;
2.2.3. the person has restricted active legal capacity and the person’s representative has not granted consent to the conclusion of the contract;
2.2.4. the person has overdue payments towards Tele2 or other communications operators for the telecommunication service rendered to the person;
2.2.5. the person does not consent to the General service Conditions of Tele2.
2.3. In the case of number portability, a contract with a postponing clause is concluded, which means that the contract will enter into force as of the moment when Tele2 has communicated to the person the deadline of the porting of the number and created the opportunity to use communications services at the number specified in the contract. The contract will not enter into force when the communications operator giving up the number notifies of the rejection of the application for the porting of the number or where the customer does not terminate the contract concluded with the communications operator giving up the number for the purpose of exercising number portability or does not eliminate other possible deficiencies of which the customer has been notified beforehand (e.g. incorrect data).
3.1. The length of the invoicing period of Tele2 is one (1) month with regard to which the invoice is drawn up on the last day of the invoicing period. The fees serving as the basis for invoicing are set out in the contract concluded between the parties or in the price list published on the website of Tele2. The Client must pay an invoice by the due date.
3.2. If the customer does not receive an invoice, the customer is required to notify Tele2 thereof immediately but not later than by the tenth date of the following calendar month. If the customer has not informed Tele2 of a change in the data, it is deemed that invoices drawn up and sent to the customer based on non-revised data have been received by the customer.
3.3. Tele2 has the right to demand that the customer pay for services used by the customer, which have not been invoiced previously.
3.4. On the terms and conditions established by Tele2, Tele2 intermediates roaming services that are paid for based on invoices issued by Tele2 and the price list of the undertaking that provided communications services abroad, which is published on Tele2’s website.
3.5. If the customer has not paid an invoice by the due date, Tele2 has the right to charge late interest on the overdue amount at the rate of 0.05% a day per each day of delay.
3.6. If the customer contests an invoice issued to them before the due date of the invoice, the obligation to pay the invoice is suspended to the extent that the invoice was contested. The customer pays Tele2 the contested invoice to the lawful extent after the dispute has been settled. In the event of unfounded contestation, Tele2 has the right to charge late interest on the unfoundedly unpaid invoice in accordance with clause 3.5.
3.7. Tele2 is required to issue to the customer the final invoice within three (3) months after the date of termination of the contract.
4. Parties’ rights and obligations
4.1. Upon using the services, the CUSTOMER has the following rights:
4.1.1. use the communications services provided by Tele2 and agreed on in the contract, and demand that Tele2 eliminate malfunctions impeding the functioning of the service;
4.1.2. where necessary, call the free national and single European emergency number 112;
4.1.3. demand that the provision of the service be limited to the extent requested by the customer;
4.1.4. terminate the communications service contract at any time without any advance notification. The termination of the contract is deemed as entered into force as of the working day following the receipt of the invoice, unless the notice contains a later deadline.
4.1.5. in the event of non-compliance of the subject matter of the contract with the terms and conditions of the contract, to rely on the legal remedies provided by law.
4.2. Upon using the services, the CUSTOMER has the following obligations:
4.2.1. to adhere to the credit limit set to the customer and, where necessary, make advance payments upon exceeding the credit limit;
4.2.2. to use the equipment (telephone, modem, etc.) and a Tele2 SIM card for their intended purpose in accordance with the contract and not cause disruptions in Tele2’s communications network and/or in other communications networks. Upon using a device that causes disruptions, which results in damage to Tele2 or a third party, the customer is required to compensate for the damage caused;
4.2.3. to inform Tele2 of a change in the contact details related to the contract or of other circumstances that may affect the performance of the contractual obligations;
4.2.4. in the event of the loss of a device and/or SIM card, the customer must immediately notify Tele2 in order to have the provision of the communications service suspended. The customer is required to pay for the used services until the customer has notified Tele2.
4.2.5. The customer is not allowed to, without Tele2’s consent, render, intermediate or sell to third parties or otherwise grant third parties use of the services rendered to the customer under the contract, except for personal purposes. This ban also includes the provision or intermediation of call and/or data communication services for commercial purposes, using the communications network of Tele2 and a Tele2 SIM card for such purpose. At the first demand of Tele2, the customer is required to immediately terminate the breach and pay Tele2 a contractual penalty of up to 3,200 euros and compensate for the actually caused damage. Tele2 has the right to file a respective contractual penalty claim within six (6) months as of the day when Tele2 learned of the breach of the contract by the customer. The customer who has breached the obligation provided for in this clause is not considered a consumer for the purposes of the Consumer Protection Act;
4.2.6. to not use the services for committing or advocating acts that are in conflict with the contract, the terms and conditions, legislation or good morals or that are otherwise inappropriate. The making of such acts can be considered a fundamental breach of the communications service contract;
4.2.7. the customer is required to compensate for the costs of Tele2 and a third party authorised by Tele 2, which arise from the recovery of the debt from the customer;
4.2.8. to notify Tele2 immediately of a malfunction in the communications network.
4.3. Upon provision of the services, TELE2 has the following rights:
4.3.1. where the customer has exceeded the credit limit, to continue providing the customer with the services;
4.3.2. by way of blocking the IMEI code, to close without any advance notification the equipment connected to Tele2’s communications network, which have been stolen, lost or otherwise altered in a way that disturbs the operation of the communications network and/or is otherwise in conflict with the terms and conditions or legislation.
4.4. Tele2 has the right to limit the provision of the customer with the service where:
4.4.1. a sum payable by the customer has been overdue for more than 14 days or exceeds the credit limit set to the customer;
4.4.2. the customer has connected to Tele2’s communications network a device that is not in a working order or does not meet the requirements and/or where the customer disturbs the operation of the communications network or other users by using such device;
4.4.3. the customer is in a fundamental breach of the terms and conditions of the communications service contract or in another event provided by law;
4.4.4. in the event of limitation of the service, Tele2 notifies the customer thereof in a manner suitable for the customer, referring to the time and reason of the limitation. In the event of elimination of the grounds for limitation set for a reason attributable to the customer, Tele2 has the right to demand that the customer compensate for the costs incurred for the restoration of the possibility to use the service in accordance with the price list;
4.4.5. where the service has been limited due to a reason arising from the customer and the basis for the limitation has not lapsed within one month following the emergence thereof, Tele2 has the right to terminate the contract without any advance notification;
4.4.6. Tele2 has the right to limit the provision of the customer with the service if the limiting is required for the installation, maintenance or replacement of a network device.
4.5. Upon provision of the services, TELE2 has the following obligations:
4.5.1. to provide the customer with services or to intermediate services to the customer in accordance with the contract, the quality requirements and legislation;
4.5.2. to notify the customer via the mass media or its website of an extensive outage of the communications network of Tele2 or of technical disruptions known to Tele2;
4.5.3. to notify customers at least five working days before planned maintenance and repairs in the communications network of Tele2;
4.5.4. to notify customers of changes in the contact details of Tele2 in accordance with the manner of receipt of information by the customer;
4.5.5. to make available on its website information on the quality of the communications service provided by Tele2 and ensure respective requirements-compliant quality, to take appropriate measures to reduce risks related to the security or integrity of the communications network of Tele2, and to prevent the full load or overload of the network connection;
4.5.6. to organise the receipt of error messages from the customer at Tele2’s hotline and eliminate a malfunction of the communications network of Tele2 within one working day after learning of the malfunction. To compensate for damage arising from an extraordinary malfunction of the communications network of Tele2, the customer must make a respective application to Tele2. On the basis of a respective application by the customer, Tele2 compensates the customer for the monthly fee for the period during which the customer was unable to use the service.
5. Procedure for complaints
5.1. The customer has the right to file a complaint with Tele2 regarding goods or services purchased from Tele2. Tele2 has the right to demand that the customer submit the purchase document of the goods or a copy thereof. Tele2 must be informed of a defect by e-mail (email@example.com) or in another manner suitable for the customer, but not later than within two months after learning of the defect.
5.2. Tele2 is required to reply to the customer within 15 days as of the receipt of a complaint. A reply is sent to the customer’s contact details and in the same manner, unless the customer has requested otherwise. If the deadline of replying to the complaint is extended, Tele2 notifies the customer thereof, explaining the delay and setting a new reasonable deadline.
5.3. Disputes between the customer and Tele2 are settled by way of negotiations. Failing agreement, the customer has the right to take the matter to the Consumer Dispute Committee of the Consumer Protection Board or a court.
6. Amendment of the contract
6.1. Tele2 may unilaterally amend the terms and conditions of the communications service contract in the following events:
6.1.1. where the need thereto arises from the amendment of legislation or where, after the conclusion of the communications service contract, the circumstances serving as the basis for the conclusion of the contract change and it results in a considerable increase in the costs of performance of the contract by Tele2;
6.1.2. where the need thereto arises from the technical or substantive development of the field or services (incl. giving up the use of a certain technical solution or changing, updating or replacing a certain technical solution), creation of additional or better opportunities for customers for using services, or the need to clarify the circumstances related to the provision or use of the services;
6.1.3. where the need thereto arises from legislation or case-law, a decision of a state authority, or from a precept.
6.2. Tele2 may unilaterally change the price list that constitutes a part of the communications service contract where the fees and conditions set out in the price list have, in comparison with the time of their establishment, changed in connection with a change in the consumer price index, labour or other input costs, service scope, service parameters or other similar conditions.
6.3. Tele2 notifies the customer of a change and/or modification of the terms and conditions and/or the price list or of new terms and conditions via an invoice and/or an e-mail message sent to the customer (if the customer does not have an e-mail address, by post). In addition to the aforementioned, Tele2 may notify of changes via the self-service environment, a text messages and Tele2’s website. A calling card user is notified via a text message and a notice published on the website of Tele2.
6.4. A notice of amendments is given at least one (1) month before the amendments enter into force.
6.5. If the customer disagrees with the alterations or modifications, the customer has the right to terminate the contract, informing Tele2 thereof within one (1) months after communicating the alterations or modifications. The customer pays for the services used until the termination of the contract.
6.6. If the customer does not terminate the contract within one (1) month following the notification of the amendments, it is deemed that the customer has consent to the amendments and does not have any complaints against Tele2 in that regard.
7. Special conditions of a fixed-term contract
The customer has the right to terminate the contract at any time during the contract term, regardless of the reason. Tele2 does not charge contractual penalties upon termination of fixed-term contracts. Calculation of the term is merely necessary for the calculation of the outstanding value of the device.
If a device to which Tele2 has granted a discount upon the conclusion of a fixed-term contract is bound to the customer’s contract, the customer pays the outstanding instalments for the device upon terminating the contract.
If the customer has received a device that calls for a fixed-term contract only and the customer has not paid for the device, the customer may pay the outstanding value of the device upon termination of the contract or, where the customer so prefers, return the device without any accompanying costs.
8.1. The Parties are liable for a breach of the obligations, unless the breach is excusable due to by force majeure. If the performance of the obligations of the parties (or a part thereof) is rendered impossible by force majeure, i.e. a circumstance that a party cannot control, the parties are not liable for the non-performance of the obligation until the impediment has ceased to exist.
8.2. The customer is personally liable for the performance of all the obligations arising from contracts concluded with Tele2.
9. Final provisions
9.1. If (a) provision(s) of the contract become(s) to any extent invalid, unlawful or inapplicable, it does not affect the validity, lawfulness or applicability of the contract, provided that the contract can remain valid without the invalid provision.
9.2. The terms and conditions of the contract and the terms and conditions that form an inseparable part of the contract are presented to the customer in Estonian, which takes supremacy over translations of the terms and conditions, information or manuals.
9.3. In matters not regulated by the contract, the parties follow the legislation of the Republic of Estonia.
This version of the General Conditions enters into force on 25 July 2018 and repeals the prior version(s).