1.1. Operator is LLC XOmobile, registration number 40103181903, the registration number of the electronic merchant S00593, the legal address is Republikas Square 3-225, Riga, the Republic of Latvia, LV-1011, the company provides mobile communication services and distribution of prepaid mobile roaming cards XOmobile. LLC XOmobile is a virtual telecommunications operator in the territory of Latvia, providing services in the network of the operator Bite Latvia.
1.2. Subscriber is a physical or legal person, who uses the SIM card XOmobile.
1.3. SIM Card XOmobile (hereinafter referred to as the SIM card) is a prepaid card intended for receiving the Communication Services in the amount of money deposited to the account of the card (Prepayment), which is an electronic device in the memory of which the parameters of services available when using the SIM card, data required to identify and determine the authenticity of the Subscriber in the GSM network are stored, which enable the User to receive services provided by the Operator.
1.4. Connection number is the SIM card phone number assigned to the Subscriber.
1.5. Communication service is the activity of receiving, processing, storing, transmitting, delivering signs, signals, written text, images, sounds through the Operator's communication network. This term gives an idea of the basic services provided by the Operator, but does not limit them. Further, the term Communication service means all services provided by the Operator.
1.6. Description of Communication Services - publicly available information on the use of services, tariffs, the procedure for connecting and disabling services, as well as other related information.
1.7. Prepayment - the funds credited to the SIM card balance of the Subscriber, when the Subscriber's SIM card balance is toped up, in accordance with these Rules. The Prepayment can be used to receive the Communication Services during the validity period of the SIM card established by the Operator.
1.8. Nominal of the SIM card - is the cost of purchasing a SIM card, set by the Operator, the amount of which will be credited to the SIM card balance of the Subscriber at the moment of activation of the SIM card. SIM cards may have different nominal value.
1.9. The XOmobile starting set - is an Initial set of XOmobile, which includes: SIM card, information about PIN and PUK codes, as well as the connection number.
1.10. Activation of SIM card – the SIM card is activated automatically, when it is first used by the Subscriber to make a call, send SMS or open an Internet session.
1.11. SIM Card Balance - is an electronic account in the Operator's Billing System, reflecting the amount of the Prepaid amounts credited by the Subscriber to this SIM card and the scope of Communication Services rendered.
1.12. PIN code 1 is a 4-digit security code designed to protect the SIM card of the Subscriber from unauthorized use.
1.13. PUK code 1 is an 8-digit security code designed to unlock the SIM card if it is locked three times by incorrectly entering the PIN code 1.
1.14. PUK code 2 is an 8-digit security code designed to unlock the SIM card if it is locked three times by incorrectly entering the PUK code 1.
1.15. Tariffs the Operator's fee for the Communication Services.
1.16. Billing system is an automated electronic system of the Operator for recording transactions for provision of the Communication Services to the Subscriber and their payment.
1.17. Website is a set of information resources and management tools placed on the Internet at www.xomobile.com.
1.18. Personal Cabinet - the system of connection and administration of the Communication Services, created by XOmobile and placed on the Website, providing the Subscriber with the opportunity to directly access and manage the XOmobile Communication Services.
2.1. These Terms of Use (hereinafter referred to as the Terms) establish the procedure for the provision of the Communication Services and the use of the SIM card.
2.2. The Operator provides the Communication Services only on the basis of the Prepayment and only in the amount of the Prepayment, unless otherwise specified in a separate agreement concluded between the Operator and the Subscriber. The value of the SIM Card Nominal is set by the Operator. The amount of the Prepayment, when he or she tops up the account, is set by the Subscriber.
2.3. The Communication services provided by the Operator do not require a separate written agreement.
2.4. The Terms shall apply to the Subscriber from the moment the SIM card is purchased. You can buy the SIM card by e-mail: info@xomobile.com.
2.5. The Subscriber has no obligation to renew its amount after using the Prepayment.
2.6. The Operator provides the Communication Services only in those countries indicated in the section “Coverage Areas” of the Website www.xomobile.com.
2.7. Description of the Communication Services provided by the Operator is available on the Website www.xomobile.com. The Operator shall be entitled to make changes in the description of the Communication Services and in these Terms. Information on such changes will be placed on the Website and at the places where the SIM cards are sold thirty days before they come into force.
2.8. The Operator shall be entitled to introduce any changes to the description of the Communication Services and to these Terms related to the improvement of the Subscriber's position, without special warning.
2.9. The Subscriber, acquiring the SIM card, confirms that he has read and agrees with the Terms and the description of the Communication Services.
3.1. The Operator shall activate the Communication Services within one hour from the moment of purchasing the SIM card and entering the PIN code 1. In order to use separate Communication Services, the Subscriber may need to perform any additional actions, in accordance with the Service Manual.
3.2. The Operator shall be entitled to interrupt or completely stop the provision of the Communication Services without special notification to the Subscriber, if:
3.2.1. The Prepayment amounts on the SIM card balance of the Subscriber are not sufficient for the provision of the Communication Services.
3.2.2. The Subscriber received the Communication Services in an amount exceeding the amount of the Prepayment on the Subscriber's SIM Card Balance.
3.2.3. The Operator has reasonable suspicions that the Subscriber uses the Communication Services for illegal purposes, including for the dissemination of information of an illegal nature, the dissemination of commercial information prohibited for distribution, as well as related to intellectual property rights or is undesirable for its recipients (SPAM), etc.
3.2.4. The Connection number of the Subscriber is used to create interference in the network of the Operator and/or other telecommunication networks or other Subscribers.
3.2.5. Connection number of the Subscriber is used to organize the communication (traffic) flow of another operator to the Operator's network or using the network of the Operator to other networks.
3.2.6. The Subscriber did not use the Communication Services within one year from the acquisition of the SIM card or from the last use of the Communication Services. In this case, the Operator has the right to deactivate the SIM card, and use the Connection number at his own discretion one month after the expiry of the annual period.
3.3. In the cases specified in paragraphs 3.2.1 and 3.2.2, the Operator shall restore the provision of the Communication Services to the Subscriber immediately, upon receipt of the Prepayment for the SIM Card Balance.
3.4. In the cases specified in paragraphs 3.2.3, 3.2.4, 3.2.5 and 3.2.6 the Operator keeps a part of the prepayment, previously made, but not used by the Subscriber.
4.1. Tariffs for the Communication Services are established by the Operator.
4.2. Calculation of the volume of the provided Communication Services and their cost is carried out by the Operator, based on the data of the Billing System.
4.3. The Operator provides the Subscriber with the opportunity and the right, using the Personal Cabinet (see the section “Personal Cabinet”), to familiarize himself or herself with the volume of the provided Communication Services and the payment calculated for them at any time.
4.4. The Subscriber can get acquainted with the current tariffs for the Communication Services on the Operator's Website, as well as directly in the SIM menu of the phone (see the Service Manual).
4.5. Any changes in tariffs (if they are increased) are placed by the Operator on the Website 30 days before they come into force.
5.1. The rights of the Subscriber
5.1.1. To receive information about the Communication Services, their description and use, quality, tariffs and methods of payment. The specified information is available on the Websit www.xomobile.com or by calling the Support Service phone indicated on the Website.
5.1.2. In the order established by the Operator, to submit written claims and applications related to the Communication Services to the Operator.
5.1.3. In writing (or using the identification features assigned to the Subscriber when registering in the Personal Cabinet), to notify the Operator about the theft or loss of the SIM card within 24 hours and ask about its deactivation.
5.1.4. In accordance with the procedure established by law, to receive a detailed invoice for the used Prepayment free of charge (with the data on the cost and volume of the provided Communication Services, the Subscriber can see in the Personal Cabinet).
5.1.5. In the cases provided for in paragraph 5.3.1.4, the Subscriber has the right to stop using the Communication Services, if he or she does not agree with the changes to the Terms and/or Tariffs. In this case, the Subscriber, before the changes take effect, must inform the Operator in writing about the refusal to use the Communication Services in the future.
5.2. Obligations of the Subscriber
5.2.1. To use the Communication Services in accordance with the requirements of the law and these Terms.
5.2.2. To use only equipment that meets the technical and legal requirements (mobile phones, etc.). The Operator shall not be responsible for the quality of the Communication Services in the event that the Subscriber uses inappropriate equipment.
5.2.3. In writing (or using the identification features assigned to the Subscriber when registering in the Personal Cabinet), to notify the Operator about the loss (including of theft) of the SIM card. Before receiving such an application, the Operator has the right to provide the Communication Services at the expense of the Subscriber.
5.2.4. To get acquainted with these Terms, the description of the Communication Services, Tariffs and other information on the Communication Services available on the Website.
5.3. The rights of the Operator
5.3.1. The Operator, warning the Subscriber thirty days in advance, shall be entitled to:
5.3.1.1. Change the Subscriber's Connection Number.
5.3.1.2. Cease rendering any of the Communication Services or the provision of Communication Services in any particular territory.
5.3.1.3. Carry out the necessary works related to technical maintenance, change of the network and/or equipment, interrupting the provision of the Communication Services for the duration of such operations.
5.3.1.4. Change the Tariffs, Terms and Description of the Communication Services.
5.3.2. In the cases established by the Terms, terminate the provision of the Communication Services, without notifying the Subscriber.
5.3.3. In the cases established by the Terms, deactivate the SIM Card and use the Connection Number at his own discretion.
5.3.4. Using electronic means of communication, send various types of information related to the use of the Communication Services to the Connection Number assigned to the Subscriber. Such information is considered binding for the Subscriber and is equal to the information sent in writing.
5.4. Obligations of the Operator
5.4.1. To provide the Subscriber with the provision of the Communication Services in accordance with the Terms and legislation requirements.
5.4.2. To ensure, as soon as possible, the speedy renewal of the provision of the Communication Services in the event of any violations in their provision. The Operator shall not be liable for the violation of the provision of the Communication Services due to violations in the electricity networks or networks of other telecommunications network operators in Latvia or abroad.
5.4.3. To provide the Subscriber with an opportunity to familiarize himself or herself with the Terms, the Service Manual and other information about the Communication Services.
5.4.4. To provide the Subscriber with the opportunity to call the operational services.
5.4.5. To provide to the Subscriber the emergency Communication Services with the State Fire and Rescue Service, the State Police, Emergency Medical Service, Emergency Gas Service, the Rescue and Search Service on the sea, for number 112 and government agencies.
5.4.6. To consider the written claim of the Subscriber and provide a response thereto, in accordance with these Terms and legal requirements.
5.4.7. Within 10 days from the receipt of the Subscriber's application on the refusal to use the Communication Services (clause 5.1.5, paragraph 7.4), return to the Subscriber a part of the Prepayment previously paid by the Subscriber and not used by him or her.
6.1. The Operator does not collect, store or process the Subscriber's personal data for further commercial use.
6.2. The Operator shall be entitled to request the Subscriber's personal data (including passport data, address of residence/registration, etc.), if receiving of such data is or will become necessary in the future to identify the Subscriber, in accordance with the requirements of the law.
7.1. The Operator shall ensure the quality of the Communication Services within its electronic communications network, taking into account the limitations that may arise due to special circumstances and/or peculiarities of the place of use of the particular service.
7.2. The Operator shall not be liable for the quality of the provided Communication Services and the possible losses of the Subscriber arising in connection with the use by the Subscriber of a defective or unusable communication device.
7.3. The Operator ensures the minimum quality of voice communication and the maximum delivery time of SMS in accordance with the quality indicators declared in the PUC.
7.4. The Subscriber shall be entitled to refuse to use the Communication Services, in the event that the Operator provides the Communication Services, the quality of which does not comply with the normative and declared requirements.
7.5. The Operator provides the minimum data package transfer speed of wireless Internet of at least 9.6 kbps, when using narrowband Internet and at least 256 kbps with broadband Internet.
7.6. To ensure the quality of the Communication Services, the Operator shall be entitled to limit the data transfer speed in some cases.
8.1. The Operator considers and provides a reply to the Subscriber's written claims on the incompliance of the provided Communication Services with the Terms and/or the description of the Communication Services (customer's claims) within the time provided by the law. In all other cases, the Operator shall respond to the Subscriber's claims and applications within 30 days from the receipt of the relevant claim or application, if no additional time is required to resolve the issue.
8.2. Claims and/or information regarding the use of the Prepayment must be expressed by the Subscriber to the Operator not later than three months after the last use of the Communication Services and/or the end of the period for which the Subscriber requires a report.
8.3. All disputes and disagreements between the Operator and the Subscriber shall be resolved by negotiations, for the beginning of which a written application of the Subscriber is required. In the event that the settlement of the dispute by negotiation is impossible, the dispute shall be referred to the court of the Republic of Latvia.
Approved on 30th of October, 2017
