Public Offer Agreement for subscriber maintenance

1. General provisions

1.1 Drimnano SL, hereinafter referred to as Operator, offers Subscribers to accept this Offer as a master Agreement for provision of services for subscriber maintenance under the following Conditions. Conditions of an Agreement are determined by the Operator independently and can be accepted by the Subscriber not otherwise than by joining them in the whole.

1.2 Conditions of an Agreement can be changed by the Operator without special notification of the Subscriber by publishing current version of an Agreement on the following page: https://drimsim.com/

2. Terms and definitions

2.1 Subscriber — individual or entity who is a user of the mobile services of the Operator (under agreement for provision of services for mobile communication) and with whom an Agreement for subscriber maintenance is concluded.

2.2 Subscriber number – phone number assigned by the Operator in his communication network for the period of an Agreement, using it identification of the Subscriber in the network of the Operator is carried out and the connection of mobile voice radio is established

2.3 Subscriber equipment – SIM card (Subscriber Identity Module), through which the Subscriber can use services provided by the Operator.

2.4 Operator – Drimnano SL, company that maintains Subscribers and liaises between the Subscriber and networks of the Providers.

2.5 Providers – companies that provide services of mobile communications and has licenses for provision of respective services.

2.6 Rates – offer of the Operator that lists possible services and method of its value determination. Rates are listed on an official website of the Operator https://drimsim.com

2.7 Services – services of mobile communications, telematic services, services for data transmission, which are provided by the Operator for the Subscriber under the rules of relevant service type provision and conditions of licenses, which were issued for the Providers.

3. Subject of an Agreement

3.1 Under this Agreement the Operator gives equipment to the Subscriber and provides subscriber maintenance. Subscriber agrees to pay for the services timely in accordance with certain settlement procedures, Rates and list of the provided Services under the conditions agreed by the Parties in this Agreement.

3.2 If an Agreement is concluded with a legal entity Subscriber, rules of corporate service defined by the Operator are appended and make an integral part with an Agreement.

3.3 Subscriber number is dedicated for the Subscriber during validity term of an Agreement only.

3.4 Subscriber delegates and Operator takes the right to be an authorized representative of the Subscriber before the Provider.

3.5 This Agreement is deemed concluded, if the Subscriber has committed any of the following actions:

3.5.1 Purchase of Subscriber equipment. Agreement takes effect upon activation of Subscriber equipment.

3.5.2 Making payment for the service or start using the service expressed in other actions.

3.5.3 The acceptance with an Agreement conclusion is expressed by checking in the field “I accept conditions of an offer agreement for subscriber maintenance” in client Web interface.

3.6 Any taken action by the Subscriber according to the clause 3.5 of this Agreement is a proof of full and unreserved consent of the Subscriber with the conditions of this Agreement.

3.7 Operator starts providing services not later than one hour since activation of Subscriber equipment.

3.8 Subscriber equipment is distributed through authorized distributors of Operator, who have a right for its distribution and sale, or purchased directly through Operator’s website https://drimsim.com

3.9 An Agreement is concluded for the indefinite term and is valid until its termination in accordance with section 7 of this Agreement.

4. Rights and obligations of parties

4.1 Operator has a right to:

4.1.1 Suspend providing services to the Subscriber in the following case: Occurrence of inextricable difficulties in providing of Services, such as technical incapability to provide access to the Providers network. Unilaterally terminate this Agreement in accordance with Section 7 of this Agreement.

4.1.2 If the Subscriber has the right to possess and use several Subscriber numbers and violates his obligations regarding one of them, Operator has a right to limit provision of services regarding other numbers too.

4.1.3 Unilaterally change rates and conditions of an Agreement and/or revoke an Agreement any time in its sole discretion by posting information on the official website of Operator: https://drimsim.com. Disuse of rights provided in clause 4.3.4. of this Agreement in this case means acceptance of these changes and their adoption.

4.1.4 Use Subscriber number and email address provided by the Subscriber as a contact data for SMS and email notifications of various kind.

4.1.5 Record telephone calls in order to check the performance of equipment or to provide evidence of the transaction.

4.2 Operator is obliged to:

4.2.1 Entitle the Subscriber to use Subscriber number during validity of this Agreement.

4.2.2 Provide Services for the Subscriber according to this Agreement and Rates. Consult the Subscriber regarding all issues relating to the services provided by the Operator using all means of communication that are specified in contact information.

4.2.3 Maintain a personal account of the Subscriber.

4.2.4 Notify Subscriber timely on changes to the Agreement and Rates by publishing changes on the website of an Operator https://drimsim.com not less than 7 days before its commencement.

4.2.5 Do not disclose personal data, invoice value and information about calls without the consent of the Subscriber, except the cases provided by law, as well as in cases of violation of this Agreement.

4.3 Subscriber has a right to:

4.3.1 Use Services provided by the communication Operator and stipulated by the conditions of this Agreement.

4.3.2 Change the tariff plan by contacting an Operator.

4.3.3 In order to ensure compliance with its obligations under this Agreement provide availability of funds on his personal account in the amount that is enough to use Services according to the rates of an Operator.

4.3.4 Terminate this Agreement using one of the methods specified in Section 7 of this Agreement.

4.3.5 Contact Operator for any advice regarding provided by the Operator Services using all available means of communication specified in contact information. Lay valid claims regarding provided Services and bills.

4.3.6 Contact Operator in order to clarify or adapt personal data stored within the Operator.

4.4 Subscriber is obliged to:

4.4.1 Comply with conditions of this Agreement as well as the terms and dates of delivery in FAQ section both in an Appendix to the Agreement and on drimsim.com site.

4.4.2 Pay for the Services timely according to the conditions of an Agreement and Rates.

4.4.3. Activate and register the purchased equipment (SIM-card) on the basis of his passport in force used for trips abroad.

4.4.4. Do not use dedicated Subscriber number for conduction of lotteries, polls, contests, raffles, advertising, surveys, mass mailings and other activities that lead to the malfunction of equipment, communication devices and damages for Operator or third parties. In case of such violations, Subscriber number will be blocked and Agreement will be terminated by an Operator on a unilateral basis.

4.4.5. Not to transfer funds from the balance of one Drimsim SIM-card to another Drimsim SIM-card without notification of the Operator

4.4.6. Take the note of the changes to Agreement and Rates and any other changes that are published on official website of the Operator https://drimsim.com.

5. Conditions of Services provision

5.1 Services are provided to the Subscriber by the communication Operator when Subscriber is located within the operating range of Operator for 24 hours every day.

5.2 Services, which are provided by the Operator, can be worsened in virtue of physical features of radiowave propagation, accompanied with mush and interrupted near buildings, in tunnels, in basements and other buried structures because of features of terrain and buildings, meteorological conditions and other reasons.

5.3 Operator provides Services “as is”, i.e., in the form, volume and quality in which they are available in time of provision.

5.4 Operator is not responsible for quality of Services in general, for operating range of Providers network, as well as for possible crashes in Providers networks and disabling of Subscriber number or numbers due to the fault of the Providers.

6. Value of Services and settlement order

6.1 Service value is determined according to current Rates, which are listed on official website of Operator and available by link https://drimsim.com/#price. Also, Subscriber can get information about current Rates using all means of communication specified in the contact information.

6.2 Payment for Services is handled according to data of billing system of Provider.

6.3 Subscriber pays for Services using prepayment system (advance payment). Operator has a right to determine amounts, which have to be paid by the Subscriber whilst conclusion of an Agreement, and considered advance payment for the Services that will be provided. Payment when order an equipment (including SIM-card) and its delivery shall not be considered as an advance payment for Services rendered. Since an Operator attracts third persons to a delivery dates of delivery may differ from the ones declared on the site of the Operator. Services shall be paid separately.

6.4 In case of advance payment, certain amount of money is debited to the personal account of the Subscriber and then payments for the provided to the Subscriber Services are withdrawn.

6.5 Incomplete billing unit is considered a complete billing unit during payment. Tracking of the provided services is carried out using billing unit accepted by the Operator– one minute. Settlements are carried out in a single European currency – Euro.

6.6 Resumption of Service provision is carried out no later than one (1) hour after the fact of replenishment of a personal Subscriber account to the level that oversubscribes the deactivation.

6.7 In case of a disagreement regarding the value of the provided Services, data of Providers billing is considered a basis for the settlement.

6.8 In case of disagreement with an invoice of the certain amount, Subscriber has a right to declare it and demand an explanation regarding originating of certain amount. Subscriber complaint is reviewed during 14 calendar days. Subscriber makes a payment for the Services with obligatory specifying of his Subscriber number.

6.9 Settlements between Operator and Subscriber can be made only in cashless method.

6.10 Acceptance of payments is carried out on the Operator website by address https://drimsim.com. Funds are carried in to the personal account of Subscriber not later than one hour after the time of payment.

6.11 Date of Subscriber payment is considered a date of receipt of relevant funds to the current account of the Operator.

7. Termination of an Agreement

7.1 An Agreement can be terminated on any time upon mutual agreement of the parties.

7.2 Subscriber has a right to terminate an Agreement at any time and unilaterally upon condition of paying for all provided Services. Subscriber also has a right to cancel an Agreement on a unilateral basis. The Return procedure of the international Sim-card is specified in the Appendix №1 to the Agreement.

7.3 In case of absence of activity from the side of the Subscriber (calls, messages, internet data sessions) on the activated SIM-card within 365 days, servicing of the SIM-card will not be terminated but starting with the 366-th day 0,5 € fee for reservation of subscriber's number will be written off monthly, if no further activity appears. If a zero balance is achieved the SIM-card shall not be used anymore and the subscriber's number shall not be renewed. Then the Agreement will be terminated without an ability to restore the Subscriber’s account. To avoid suspension of the subscriber's number operation within 365 days period it is necessary to carry out any of the following e.g. call, message, data session. Life time of non-activated SIM-card is not limited.

7.4 If an Agreement is being terminated, repayment of cash balance from the personal account of Subscriber is not made.

7.5 In case of violation of requirements of Service provision, which are determined by this Agreement, including obligation to pay for the provided Services, and in other cases, Operator has a right to suspend the provision of Services for Subscriber until the elimination of violations.

8. Procedure of refund

8.1 If Subscriber claims to refund prepaid amount of money for the Services, in connection with denial to provide Services or because of provision of Services of inadequate quality and if Operator considers this claim justified, it will be met during 45 calendar days since the date of submission of a claim.

8.2 Refund of money is carried out by bank remittance to the credit or debit card, from which initial payment was transferred.

9. Responsibility of parties

9.1 For failure to perform or improper performance of the obligations assumed under the Agreement the parties will be liable in accordance with applicable law at the place of registration of the Operator.

9.2 In case of loss, theft, transmission of Subscriber equipment to third parties or otherwise lack of dedicated Subscriber equipment in possession of Subscriber, the Subscriber will bear all liabilities for payment of Services related to the use of equipment, up to the moment of termination of this Agreement.

9.3 In the case of force majeure, the party that is not in a position to fulfill its obligations under the Agreement must promptly notify the other party on the causes of the incident, citing a document issued by the competent authority, confirming the existence and duration of the force majeure.

10. Other terms and conditions

10.1 This Agreement supersedes any other prior agreements, settlements, written or oral arrangements, relating to the subject of this Agreement.

10.2 All disputes and differences arising on the execution of this Agreement are resolved by negotiations of parties. Disagreements, on which the parties have not reached arrangements, are the subject to review in the court at the place of registration of the Operator.

10.3 Subscriber consent to the conditions of this Agreement, expressed in the manner provided by section 3 of this Agreement, means that Subscriber agrees and instructs the Operator to carry out the processing of his personal data for the execution of the provisions of this Agreement, as well gives the Operator a permission to use the Subscriber number for SMS mailing of informational character.

10.4 Subscriber has a right withdraw his consent for the processing of personal data, in terms of data collection, when an Agreement is being terminated. Consent expires on the expiration date specified in the Agreement.

11. Operator contact information.

Drimnano SL. Registration No. CIF B66792078,

Legal address: C/Bolivia, 229, Barcelona, Spain, 08020

Telephone number: +34 602 282 828

Email: [email protected]

Appendix №1. Return procedure of the international SIM card «Drimsim» (hereinafter referred to as «SIM card») and refund of money spent on its purchasing

1. In case of Subscriber’s disagreement with any statement of the Agreement, specifying the SIM card usage, as well as in case of refusal from the SIM card usage, the Subscriber is enabled to receive the refund, if the Subscriber:

1.1. Payed the provided connection services in full.

1.2. Filled the Claim according to the sample provided in Appendix №2.

1.3. The Claim, referred to in paragraph 1.2., should be sent alongside with the SIM card by registered mail to either of the following addresses:
08915, C/ Marcus Porcius, 1, Badalona, Spain.
630047, DRIMSIM, Novosibirsk, Russia, “on demand”.
 

2. As long as the requirements referred to in Section 1 are met, the money spent on the SIM card purchasing shall be returned to the individual within 10 working days from the date on which the SIM card was received to either of the addresses referred to in paragraph 1.3. of Section 1, using the details contained in the Claim according to the sample provided in Appendix №2.

3. Money spent on the SIM card purchasing will not be returned to the individual if:

3.1. The requirements referred to in the paragraphs 1.1.-1.3 of Section 1 are not met.

3.2. SIM card ICCID number is missing, thus makes it impossible for identification.

3.3. SIM card is damaged physically or by mechanical effects.

3.4. SIM card was considered defective on the account of the diagnostics.

Appendix № 2. Claim

To Drimnano SL Claims Department

CLAIM
for the refund of money spent on the purchasing of the international SIM card «Drimsim»

I,
(last name, first name, phone number, email)

claim for the money refund in the amount of              (the amount in words) [specify the amount paid for the SIM card]              (payment currency), that was spent on the purchasing of the «Drimsim» SIM card.
      I hereby confirm that I am aware of the terms and conditions of the Public Offer Agreement on the return procedure of the international SIM card «Drimsim» and the refund of money spent on its purchasing, and I agree with the terms of the Agreement.
      Alongside with the claim for the money refund I send «Drimsim» SIM card. SIM card number is               (SIM card ICCID number).
      Please transfer the refund to the bank account with the following details:

Beneficiary
Bank name
Bank account
BIC
Card number
Date

«        »                                    20        
Signature:

                                
Drimnano SL, Barcelona, Spain
[email protected]
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