Description of Services

The Description of Services, including Terms and Conditions and Privacy Policy referenced herein (collectively, the "Agreement") set forth the terms and conditions that apply to The Customer's use of any Service through Website owned by and/or operated by the Company (as each term is defined below). The Customer's enrollment in, use of or payment for the Services, confirms the Customer's unconditional acceptance and agreement to the terms and conditions set forth in this Agreement, a written form of which is available at the Website. If you do not agree to be bound by this Agreement, you cannot use the Services. The Company may alter, modify or amend this Agreement from time to time without any further notice. Unless otherwise provided in this Agreement, any and all such alterations, modifications or amendments shall be effective immediately upon posting on the Website. THE CUSTOMER'S CONTINUED USE OF THE CUSTOMER'S ACCOUNT AND/OR THE SERVICES FOLLOWING THE POSTING OF ANY SUCH ALTERATIONS, MODIFICATIONS OR AMENDMENTS ON THE WEBSITE WILL BE CONCLUSIVELY DEEMED TO BE ACCEPTED BY THE CUSTOMER.

A. DEFINITIONS

    "Account" means a Customer's account, which is identified by the Customer's information entered during registration as provided in Section C below, and which contains the Customer's balance.
    "Company", means MTX Connect S.a.r.l. and/or any of its affiliates, subsidiaries, parent companies involved in providing the Customer with the Services;
    "Customer" means a user of the Services;
    "Description of Services" means a document that set forth the specific prices and charges, service descriptions, and other information that apply to each of the Services. The Description of Services can be reviewed on the Website;
    "Services" mean the telecommunication services provided by MTX Connect as more specifically described in the Description of Services. The Services may not be available in all locations;
    "SIM Card" means a SIM card manufactured upon request of and in accordance with requirements of the Company and which is designed to facilitate internet access on the territory, at the price of and under the terms and conditions as are set out on the Website.

B. DESCRIPTION AND AVAILABILITY OF SERVICES

    SIM Card only allows for data usage as defined by the GSM (Global System for Mobile). All other services, including voice calls, SMS, MMS and USSD cannot be made with SIM Card.
    SIM Card only works on unlocked devices and devices, which can use the "internet" APN. For device configuration, please read Service Guide or FAQ.
    SIM Card is not pre-loaded with data and a balance must be recharged in order to activate the SIM Card.
    Upon activation, SIM Card will expire 365 days from the last successful top-up or the date of last service activation, whichever is later.
    The Customer shall be fully responsible for the use of SIM Card and under no circumstances shall the Company be liable for any loss, expenses or damages incurred or suffered by a Customer resulting from the Customer's use of SIM Card.
    SIM Card may only be sold to persons 18 years old and above.
    Services allows the Customer to purchase in advance data capabilities to enable Internet access in the countries in which the Company service is provided 24 hours a day, 7 days a week.
    For an up-to-date listing of the jurisdictions and countries in which Services are available, please check the Website.

C. ACTIVATION AND ACCESS

    To access the Services, a Customer must have SIM Card inserted in UMTS (3G) mobile device with proper configuration according to Service Guide.
    The device must be compatible, unlocked, and not interfere with the Company services.
    To activate the service a customer must visiting the Company website at www.mtxc.eu and follow the instructions provided on "Activate SIM Card" page. Customer will be provided with the option of registering with the Company and supplying a name, address, password, email address and alternative contact telephone number.
    Account is identified by the email address supplied by the Customer during the service activation.
    In order to use the Services, a customer's account must have a sufficient balance to cover the cost of the Service.
    As the Customer uses the Services, the Account will be debited accordingly.
    A data session in progress will be terminated, if Customer's Account available balance drops to zero. In that case a Customer will still be able to access the www.mtxc.eu website in order to increase the account balance.
    Certain mobile phone features may not be available throughout the entire network or their functionality may be limited.
    All plan rates, features, functionality and other product specifications are subject to change without notice or obligation. The Company service will only work with wireless devices that are compatible with the Company network. Not all Services are available with all wireless devices or on all networks.
    A Customer has no ownership rights to any telephone number, IP address or any other identifier associated with the Company service and you acknowledge and agree that the Company may change any such number, IP address or other identifier associated with the Company service at any time without prior notice.

D. RATES AND CHARGES

    A current list of Services and the applicable rates and charges is available at www.mtxc.eu
    For per-megabyte (pay-as-you-go) plans, traffic usage will be rounded up in 10KB increments at the end of each session.
    For packaged data plans, traffic usage will be rounded up in 10KB increments at the end of each session. Data exceeding the amount included in a packaged data plan will be charged on a per-megabyte basis at the applicable per-megabyte rate specified on the web site. A package activation fee will be charged against customer balance at the time of data package activation. The packaged data plan is valid for its designated number of days after which it is expires.
    For per-day plans, the following billing terms are apply:
    - service time will start at the time of service activation (local time) and will end after 24 hours since the time of service activation.
    - service fee will be charged against customer balance at the time of service activation.
    - if per-day plan doesn't contain data usage cap it is considered an "unlimited" plan.
    Data transmitted over Wi-Fi does not count against data usage.
    Additional taxes may apply in some jurisdictions.
    Unless specifically noted otherwise, all rates and pricing is listed in EUR.

E. AUTHORIZED USE

    Services may only be used for the access to the Internet, intranets, or other data networks only as the device's native applications and capabilities permit.
    Services may not be used for certain unauthorized uses that adversely impact our service. Examples of unauthorized uses include, without limitation, the following: (i) automated text or picture messaging to another mobile device or e-mail address; (ii) uploading, downloading or streaming of uninterrupted continuous video; (iii) server devices or host computer applications, including, but not limited to, web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer ("P2P") file sharing; or (iv) as a substitute or backup for private lines or dedicated data connections. A customer engaged in any unauthorized use of Simple Mobile Service may have his/her Service throttled and/or terminated.
    Services provide on unlimited plans may not be used for monitoring services, data transmission, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing activity, autodialed calls, or robocalls. The Company reserves the right to cancel or deactivate Service or reduce data throughput speeds in order to protect the network from harm due to any cause including, without limitation, the excessive and/or unauthorized use of the Company's service. The Company reserves the right to limit throughput or amount of data transferred and to deny or terminate Service to anyone The Company believes is using their Service in an unauthorized manner or whose usage, in The Company's sole discretion, adversely impacts a network or customer service levels. The Company will presume the Customer us engaging in an unauthorized use in violation of the Agreement, if in The Company sole discretion, the Customer data usage is harmful or disruptive to a network or service levels. If The Company determines, in its sole discretion, that the Customer is using the Service in violation of the The Company Terms and Conditions or in any other manner that The Company deems to be unreasonable or excessive, The Company may terminate individual data connections, terminate or reduce data throughput or terminate the Service, decline to renew the Service, or offer the Customer a different Service plan with no unlimited usage component.
    The Company may modify or cancel any Service or take corrective action at any time without prior notice and for any reason, including but not limited to Customer's violation of this agreement.

F. SERVICE AVAILABILITY

    The Company does not guarantee the availability of Data Services in any area at any time and reserves the right to modify, suspend, interrupt, discontinue, reduce the data throughput speed or the amount of data transferred, or permanently cancel Services, or portions thereof, without notice.
    Services are not available in analog service areas or outside of network coverage area. The Company is not responsible and will not be liable for any modifications, interruptions or discontinuation of the Services or for any failure to receive web content purchased using Services. If Customers's Services are modified, interrupted, discontinued or canceled, The Company will NOT refund any remaining used or unused services. If Customers cancels or attempts to cancel a data download or a multi-media message in progress, or if the process is otherwise interrupted through no action on Customers part, Customer may incur a charge in accordance with the Agreement.
    Services are provided on an "AS IS" and "AS AVAILABLE" basis. The Company does not warrant that Services will be uninterrupted or error or virus-free. No warranty of any kind, either express or implied, including but not limited to warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability, information or content of The Company service Customer expressly agrees and acknowledges that use of Services is at his own sole risk and he may be exposed to content from various sources that may be harmful or malicious.

G. TOP-UPS

    The following conditions will govern top-ups (prepayments) a Customer makes to the Account:
    The Customer may add to the Account at any time by accessing "Top Up Balance" link at the website a.mtxc.eu.
    Any prepayment will be charged to the credit, debit or charge card that the Customer provides when the balance top-up is made. In case of recurrent payments, after the initial purchase of Service, future Service purchases will prompt the Customer to either use the existing credit, debt or charge card on file, or to provide new or alternative credit, debt or charge card information. The Company will provide the Customer with an e-mail confirmation each time, when makes a prepayment that is credited to the Account.
    Prepayments must be made in certain EUR denominations, with a minimum of €10.00.

H. CUSTOMER SERVICE

    If the Customer has any questions, concerns or complaints about the Company Services, he or she may contact the Company Customer Service Center by e-mail at support@mtxc.eu The Company Customer Service Center is open during standard business hours CET (not available on weekends). While the Company will attempt to reply to all customer enquiries as soon as possible, it should be allowed up to 48 hours for a reply.

I. EMERGENCY CALLS

    The Company doesn't provide any emergency call (911, 112) services. For any emergency the Customer must locate the nearest landline phone and call for help.

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