General Terms of Provisioning of Data Transmission, Fixed Telephony and Internet Access Services over Fixed Network

General Terms of Provisioning of Data Transmission, Fixed Telephony and Internet Access Services over Fixed Network

1.General provisions and definitions

1.1. General Terms of Provisioning of Data Transmission, Fixed Telephony and Internet Access Services over Fixed Network (hereinafter referred to also as "Terms") define the data transmission, fixed telephony and Internet access Services (hereinafter referred to also as the "Services")provided by "Viva Armenia" Closed Joint-Stock Company operating under "Viva" and other trademarks (hereinafter referred to also as the "Operator"), the procedure and conditions for their connection, activation and provision, the rights and obligations of the Operator and the subscribers, the liability for non-fulfillment or improper performance of obligations, the procedure for concluding and terminating the Subscriber agreement, the procedure for resolving disputes between the Operator and subscribers and other legal relations.

1.2. Unless the context otherwise requires, the words and expressions used in the Terms shall have the following meanings:

1) “Operator” – “Viva Armenia” Closed Joint Stock Company

2) Subscriber - any natural person or legal entity to whom the Operator is technically able to provide the Services within a reasonable period of time and at a reasonable cost, and who has signed the Subscriber Agreement.;

3) “Service or Services” - the data transmission services, fixed telephony and internet access services, and IP television services provided by the Operator through a fixed public electronic communications network, as well as services provided jointly (convergent services) by the Operator and third parties designated by the Operator.;

4) “Subscriber Agreement” - a Service Provision Contract concluded between the Operator and the Subscriber in accordance with the Terms, which is a document filled out in the prescribed form provided by the Operator’s Sales and Service specialists, specifying the type of service, Tariff Plan (package), and other terms and conditions for the provision of the Services, by signing which the Subscriber accepts the terms set forth therein, as well as the conditions stipulated in the relevant tariff plan (package) published by the Operator and these Terms.;

5) “Equipment” - passive equipment (port, modem, contactor, cable connector, router) and/or active equipment (converter, modem, router, distributor) necessary for connecting to the Network;

6) “End User Equipment” - devices belonging to the Subscriber or provided to the Subscriber by Operator with the right to use, which are installed on the Subscriber’s territory to render Services provided by the switched network to which the Equipment is connected;

7) “Unauthorized User” - any business entity and/or individual using the Services provided to the Subscriber outside the Subscriber’s territory (where the Equipment is installed);

8) “Unauthorized Use” - use of the Service by the Unauthorized User;

9) “Service Activation Date” - the date on which the Services are activated, in the cases and according to the procedure set forth in Section 4 of these Terms.

10) “Network” - a data transmission system, and, where appropriate, also connecting, disconnecting or routing equipment and other resources that enable the transmission of signals via fiber optic and/or other type of cable, radio waves, optical or other electromagnetic means, so that they can be used to transmit signals, regardless of the type of information transmitted;

11) “Network Domain of the Operator” - a set of connection ports and Equipment installed on the Subscriber's territory, which is serviced by the Operator;

12) “Connection Point” - the place where the Service is provided to the Subscriber;

13) “Day” - Calendar day;

14) “Party” - the Operator or the Subscriber when mentioned separately;

15) “Parties” - the Operator or the Subscriber when mentioned jointly;

16) “Last Mile” - the distance of the network between the Network backbone (Nearest node of the Operator) and the Subscriber's territory;

17) “Password” - a combination of letters, characters and/or numbers - used to identify the Subscriber or phone number - for using certain types of the Services, as well as for accessing the Subscriber’s personal account;

18) “Tariff Plan (Package” - Services that include one or several different Services and is calculated based on one name and cost (price);

19) "Convergent Tariff Plan (Package)" - Services provided by the Operator independently or jointly with third parties designated by the Operator, which are offered and billed under a single name and at a single value (price), including, but not limited to, the data transmission services, fixed telephone communication and internet access services, and IP television services provided through the public electronic communications fixed network referred to in these Terms, as well as services provided through a public electronic communications mobile network;

20) “Account” - a register of analytical calculations in the Billing System of the Operator, which is used to keep records of payments charged for the Services provided to the Subscriber.

21) “Subscriber Identification Data” - name, surname, year, month and date of birth, Identification Number, Password (if available), Billing Account Number, details of the subscriber’s identity document, last actions performed (payment, balance top-up, Service activation, etc.) and other similar data of the Subscriber or its authorized representative, which are used singly or in combination in accordance with the Procedure established by the Operator;

22) “Telephone number” - a telephone number provided from the Operator’s numbering resources, with the help of which the Subscriber can be identified in the Fixed Telephone Network;

2. Conclusion of the Service Provision Agreement

2.1. The Operator's advertising or any other presentation of the Services constitutes a public invitation to make an offer (offer) to subscribe to the Services in accordance with these Terms and the conditions of any Tariff Plan (Package). The submission by the Subscriber to the Operator of the Subscriber Agreement referred to in Section 3 of these Terms constitutes an offer to subscribe to the Services. The activation of the Services by the Operator in accordance with the procedure set forth in Section 4 of these Terms constitutes acceptance of the aforementioned offer. From the moment of activation of the Services, the offer, these Terms, and the conditions of the applicable Tariff Plan (Package) shall collectively constitute the agreement concluded between the Operator and the Subscriber and shall be binding upon the parties.

2.2. The Subscriber Agreement may also be concluded electronically by means of an electronic signature as prescribed by the legislation of the Republic of Armenia, provided that the Operator has announced the availability of such an option on its official website. In the event that the Subscriber Agreement is concluded using an electronic signature, the Subscriber shall ensure compliance with the requirements of the electronic subscription procedure established by the Operator.

2.3. In the case of separate Convergent Tariff Plans (Packages) published on the Operator’s official website, the Subscriber Agreement shall be deemed concluded and submitted to the Operator by a person wishing to subscribe to the Services upon sending the relevant short code (USSD) via the Operator’s mobile electronic communications services.

2.4. The Subscriber Contract is considered concluded for an indefinite period, unless otherwise provided by the Subscriber Contract. In case the Subscriber Contract is concluded for a certain period, the Subscriber may, if desired, extend the validity period of the Subscriber Contract in the manner prescribed by these Terms or by the conditions of the relevant Tariff Plan (Package).

2.5. The Subscriber does not have the right to resell the Services received from the Operator to other persons or use them for the purpose of providing electronic communications and other related services without the Operator’s consent.

2.6. The Subscriber is obliged to comply with the requirements of the Terms and other terms and conditions for the provision of the Services posted on the Operator’s Official Website, , and to stay informed about their changes.

2.7. Matters not regulated by the Agreement, the Terms, the Tariff plan (package), as well as other conditions for the provision of Services posted on the Operator’s official website, shall be governed by the legislation of the Republic of Armenia.2.8. By concluding a Subscriber Contract for the purpose of receiving jointly provided services, the Subscriber unconditionally accepts the terms and conditions for the provision of services of a third party specified by the Operator for the purpose of providing Jointly Provided Services.

3. Required Documents

3.1. The following documents shall be submitted by a person wishing to subscribe to the Services.

3.1.1. In case of a person who is a citizen of the Republic of Armenia.:

1) Identification document established by the legislation of the RA.

2) A notarized power of attorney and an identification document of the authorized person, if the Subscriber Agreement is concluded by an authorized person (the requirement for notarization of the power of attorney does not apply if the Subscriber provides the power of attorney approved by the Operator to a representative of the Operator's Sales Unit, for which the employee of the Operator must make a corresponding note on the power of attorney, certifying it with the stamp of the Sales Unit).

3) At the Operator's request, a copy of the document confirming the Subscriber’s right to the premises where the Equipment is to be installed and the Services are to be provided.

4) The Subscriber Agreement prepared by the Operator’s relevant employee/representative and signed by the person wishing to subscribe to the Services or by a person authorized by the latter.

3.1.2. In case of a person who is not a citizen of the Republic of Armenia.

1) Identification document established by the legislation of another country.

2) A document certifying residence status in the RA territory (if available).

3) A notarized power of attorney and an identification document of the authorized person, if the Subscriber Agreement is concluded by an authorized person (the requirement for notarization of the power of attorney does not apply if the Subscriber provides the power of attorney to a representative of the Operator's Sales Unit, for which the employee of the Operator must make a corresponding note on the power of attorney, certifying it with the stamp of the Sales Unit).

4) At the Operator's request, a copy of the document confirming the Subscriber’s right to the premises where the Equipment is to be installed and the Services are to be provided.

5) The Subscriber Agreement prepared by the Operator’s relevant employee/representative and signed by the person wishing to subscribe to the Services or by a person authorized by the latter.

3.1.3. In case of a legal entity:

1) A copy of the state registration certificate and/or extract, certified by the signature of the head of the legal entity or an authorized person.

2) A document confirming the authority of the person acting on behalf of the legal entity, and the identity document of such person.;

3) At the Operator's request, a copy of a document certifying the Subscriber’s right to the premises where the Equipment is to be installed and the Services are to be provided.

4) The Subscription Agreement prepared by the Operator’s relevant employee/representative and signed by the person acting on behalf of the legal entity wishing to subscribe to the Services.

3.1.4. In case of a private entrepreneur:

1)A copy of the state registration certificate and/or the extract, certified by his/her signature.

2) An identification document of the private entrepreneur or a power of attorney for the person acting on his/her behalf and the identification document of such person.

3) At the Operator's request, a copy of the document certifying the Subscriber’s right to the premises where the Equipment is to be installed and the Services are to be provided.

4) The Subscription Agreement prepared by the Operator’s relevant employee/representative and signed by the individual entrepreneur wishing to subscribe to the Services or by a person authorized by the latter.

3.2. In accordance with clause 2.3 of the Terms, in the case of separate Convergent Tariff Plans (Packages) published on the Operator’s official website, the Subscriber Agreement defined in clause 3.1 of the Terms shall be deemed concluded by the person wishing to subscribe to the Services and submitted to the Operator upon sending the relevant short code (USSD) via the Operator’s mobile electronic communications services.

3.3. In the event that certain functions are requested by the Operator, Subscribers shall submit a written application or do so via email to the email address specified in clause 4.18 of the Terms.

3.4. In case of a change in the data certified by the documents submitted by the Subscriber to the Operator, the Subscriber is obliged to inform the Operator about it within 30 (thirty) days and provide documents certifying the current data.

3.5. In case of a change in the data provided by the Subscriber to the Operator when the Operator concludes the Subscriber Contract electronically or when requesting any functions, the Subscriber is obliged to ensure compliance with the requirements of the electronic subscription procedure established by the Operator.

3.6. If necessary, at the request of the Operator, the Subscriber and/or its authorized person must also submit other documents required by the Operator.

4. Subscription, Service Activation and Provision Procedure

4.1. For the purpose of concluding a Subscriber Agreement within the scope of a new subscription, the Subscriber shall visit the Operator’s service center, contact the Company online/by telephone, or contact the Operator’s authorized representative in the relevant territory. The Subscriber must submit the relevant documents specified in Section 3 of these Terms.

4.2. The Operator’s technical specialists shall verify the availability of the network at the specified address and the physical feasibility of laying the line (this is carried out within 1–3 working days after the actions specified in clause 4.1 of the Terms have been completed).

4.3. In the case of a positive technical assessment, the Company’s specialists shall visit the Subscriber’s address (after agreeing on the date and time in advance), lay the cable, and install the necessary Equipment — modem, router, etc. (this is carried out within 1–4 working days after the period specified in clause 4.2).

4.4. After the connection of the Equipment, network configuration, as well as the relevant billing and other activations and settings, the actual activation of the Services shall be carried out (this is carried out within 1–3 working days after the period specified in clause 4.3).

4.5. In the case of a new subscription, the total time for activation of the Services may take up to 10 working days, starting from the date on which the Subscriber or their authorized representative submits to the Operator the relevant documents specified in Section 3 of the Terms for the purpose of subscribing.

4.6. In the case where the Subscriber applies to the Operator for changes to the Tariff Plan (Package) within an existing subscription, the requested Services shall be activated within 3 working days from the date of the Subscriber’s application to the Operator, provided that all Equipment and technical solutions required for the new Tariff Plan (Package) are already available at the given address.

4.7. The signed Subscriber Agreement specified in Section 3 of the Terms may be submitted to the Operator’s sales department representative, to the Operator’s service center, or to any other person authorized to act on behalf of the Operator, and, in the case specified in clause 2.3 of the Terms, by sending the relevant short code (USSD).

4.8 For the purpose of drawing up the Subscriber Agreement specified in Section 3 of the Terms by the Operator’s sales department representative, a service center employee, or any other person authorized to act on behalf of the Operator, the Subscriber, by submitting the Agreement, must indicate the Tariff Plan (Package) offered by the Operator under which they wish to receive the Services, as well as select from the devices presented by the Operator the Equipment through which the Services will be provided.

4.9. If the Subscriber possesses equipment that complies with the Operator’s requirements (except for the optical router and IP TV receiver provided by the Operator), through which, according to the Operator’s specialists, it is possible to use the Services provided by the Operator, then, at the Subscriber’s request and if technical possibilities are available, such equipment shall be installed and connected at the Subscriber’s address in accordance with the procedure set forth in clauses 4.3 and 4.4 of the Terms, and the necessary actions for activating the Services shall also be carried out.

4.10. The Operator has the right to refuse to provide Services (subscription) if the refusal is due to the lack of technical capabilities of the Operator, including if the geographical area for the provision of requested Services is outside the Network access area or requires unreasonable expenses, as well as if the Subscriber did not submit all required documents along with the Subscriber Agreement.

4.11. The Operator also has the right to refuse to provide the Services to the Subscriber, if there are outstanding obligations for the Services already provided within the framework of another Subscriber Contract at the desired address for the provision of Services specified by the Subscriber, and the person who is a party to that contract and the new subscriber are affiliated.

4.12. The Operator informs the Subscriber of the refusal to conclude the Subscriber Contract within 7 (seven) working days. The Operator notifies the Subscriber of the refusal via telephone or email indicated by the Subscriber during negotiations or delivers the notice of rejection to the Subscriber at the Operator’s service center, or sends it by post to the address specified by the Subscriber.

4.13. From the moment the notification of refusal of the provision of Services is submitted, the process of concluding the Subscriber Contract is terminated.

4.14. In order to ensure the availability of the Services, the Operator may establish a one-time connection fee.

4.15. The Subscriber has the right, in the manner established by the Operator, to change the list of preferred Services, Tariff Plan/ Package (except for cases established by other terms and conditions for the provision of Services posted on the official website of the Operator) by submitting the respective Application and required documents, provided that at the time of submitting such a request, the Subscriber has no unfulfilled obligations.

4.16. In order to identify the Subscriber in the fixed telephony network to provide the fixed telephony (VoIP) service, the Operator provides the Subscriber with a telephone number from its numbering resources.

4.17. The Operator has the right to change the Telephone Number of the Subscriber based on the technical necessity or in the cases provided for by the RA legislation, notifying the Subscriber in advance.

4.18. The subscriber can use the services of the Operator's Customer Service Unit round the clock by calling at +374 60 610000 (In the case of Convergent Tariff Plans (Packages) - 111 or +374 60 771111) or by sending an email to the fn-support@viva.am email address (in the case of Convergent Tariff Plans (Packages) - 111@viva.am)

5.Terms of Use of the Equipment

5.1. In case that the Equipment is provided to the Subscriber by the Operator for the purpose of providing the Services, the ownership of the Equipment belongs to the Operator, and the Subscriber acquires the right to use the Equipment. The Subscriber has no right to transfer the Equipment or the right to use it to third parties. The Subscriber is obliged to use the Equipment only in accordance with the purposes and in the manner established by the Subscriber Contract and the Terms. The Equipment and the cable intended for its installation, as well as other technical means, are handed in to the Subscriber according to the delivery-acceptance act.

5.2. The Subscriber is obliged to ensure the safety of the Equipment v by taking all necessary measures, to use the Equipment in accordance with the requirements and rules of operation of the Equipment presented by the Operator, manufacturer and otherwise.

5.3. The Subscriber is responsible for any damage to or loss of the Equipment caused through the Subscriber's fault or as a result of the Subscriber's failure to take sufficient measures to protect the Equipment.

5.4. The Operator publishes information about technical conditions required for the Equipment on the official website or in the Subscriber Agreement.

5.5. The Subscriber must not use the Equipment provided thereto with other incompatible equipment or in any other way that may affect the safe and uninterrupted operation of the Operator's network and/or equipment.

5.6. Installation, configuration and transportation of the Equipment (in case of change of address of the provided Services) is carried out only by the specialists of the Operator, except for the case specified in clause 5.7 of the Terms.

5.7. The Subscriber is obliged to use the Equipment only in the place where it was installed and configured by the Operator's specialists, only for the purpose of using the services provided by the Operator. With the consent of the Operator, the Subscriber has the right to dismantle the Equipment and move/ transport it to a place agreed with the Operator.

5.8. After termination of the Subscriber Agreement, the Subscriber shall be obliged, within 5 working days, to dismantle the Equipment and its accessories and deliver them to the Operator’s service center, or to create an opportunity for the Operator’s specialists to dismantle the Equipment and its accessories.

5.9. After the termination of the Subscriber Agreement, the Subscriber returns the Equipment in good working order, considering natural wear and tear.

5.10. The Operator has the right to establish and apply special terms and conditions or restrictions in respect to the Equipment provided thereto for the right of use.

5.11. The Operator does not bear responsibility for damage caused to the Subscriber through the Equipment provided thereto, if it occurred as a result of improper use of the Equipment by the Subscriber.

5.12. In case of loss or theft of the Equipment, the Subscriber must immediately notify the Operator thereof by calling the telephone number specified in clause 4.18 of the Terms and by sending an email to the email address specified in the same clause.

5.13. The Subscriber is responsible for any use of the Services by third parties through the Equipment provided thereto, as well as for improper use of the Equipment provided to the Subscriber by third parties. In these cases, the Subscriber will be considered the user of the given Equipment until the Operator is properly informed about the loss or theft of the Equipment.

5.14. The Operator undertakes to suspend the provision of the Services upon proper notification by the Subscriber of the loss or theft of the Equipment from the moment the Subscriber submits a request to suspend the Services.

5.15. The Subscriber has no right to use the Equipment with other devices that are not intended for such use, or use the Equipment in any other way that may cause damage to the Equipment, the Network or somehow affect the operation of the Equipment and/or the Network.

5.16. The Equipment provided by the Operator to the Subscriber, as well as its belongings and parts and/or any changes, improvements, results of repair work carried out on them by the Operator, are the property of the Operator and the Subscriber cannot transfer, rent out or change them in any way.

5.17. The Equipment is handed in to the Subscriber and is received back from the Subscriber on the basis of the delivery-acceptance act which is drawn up between the Parties and constitutes an integral part of the Subscriber Contract.

5.18. The risk of improper use, loss, damage or theft of the Equipment is transferred to the Subscriber after signing the delivery-acceptance act of the Device.

5.19. In case of loss, theft or damage of the Equipment, provision of a new Equipment to the Subscriber is possible only after the Subscriber pays the value of the old Equipment as provided for in the acceptance and delivery act concluded between the Parties or in the Subscriber Agreement.

5.20. The Operator undertakes to replace the Equipment provided to the Subscriber with a new Equipment free of charge, if the Operator discovers manufacturing defects of the old Equipment.

5.21. From the moment of receiving the request of the Operator to return the Equipment (even in the case of a temporary return of the Equipment), the Subscriber undertakes to immediately stop using the Equipment and within no more than 5 (five) working days to independently return the Equipment and its belongings or create an opportunity for the Operator's specialists to dismantle those .

5.22. In all cases provided for by the Terms, the conditions of the relevant Tariff Plan (Package), and/or the Subscriber Agreement, where the Subscriber is obliged to return the Equipment and its accessories to the Operator, but does not do so, the Subscriber shall be obliged to pay to the Operator the value (amount) of the Equipment and its accessories specified in the acceptance and delivery act or in the Subscriber Agreement.

6.Service Description

6.1. Description of the Services, tariffs, terms and conditions and rules applicable to the Services are set by the Operator. The Operator can provide a single service package as one service.

6.2. Features, nature, type, description of the Services, Tariff Plan/ package provided by the Operator, tariffs, discounts and other offers applied to them and other information are presented in detail by the representatives of the Operator’s Sales Unit and on the Operator’s Official Website.

6.3. The Services are provided within the existing technical capabilities of the Operator's network.

6.4. The Services provided by the Operator are as follows:

6.4.1. "Broadband Internet" - connection of the Operator’s or the Subscriber’s Equipment installed at the Subscriber's premises to the Network by the Operator, through which the Subscriber gets the opportunity to access the Internet without any control over the content of the transmitted data.

6.4.2. “Fixed Telephony” - connection of the Operator’s or the Subscriber’s Equipment installed at the Subscriber’s premises or connection of the Subscriber's Equipment to the fixed telephony subscriber network of the Operator, transmission of voice signals via the Internet and/or telephone network (VoIP) at the local, intercity and international levels without any control over the content of the transmitted data.

6.4.3. “Data transfer” - connection of the Operator’s or the Subscriber’s Equipment installed at the Subscriber’s premises to the Network by the Operator, through which the Subscriber is able to establish communication between two or more points via an IP network, without any control by the Operator over the content of the transmitted data.

6.4.4. Provision of “real IP address” (addresses) - provision by the Operator of an additional real static IP address to the Subscriber within the scope of the Internet access service.

6.4.5. "IP television" - the connection of the Equipment installed at the Subscriber’s premises by the Operator to the Network for the purpose of providing retransmission services, during which data is transmitted via an IP protocol (Internet Protocol) data transmission network.

6.5. The Service specified in Clause 6.4.5 of the Terms may be provided either directly by the Operator or by third parties designated by the Operator.

6.6. The Services are provided by connecting to the Network the Equipment provided to the Subscriber for the right of use or the Subscriber's Equipment that meets the technical conditions established by the Operator.

6.7. The Services are provided on a postpaid basis. In the case of separate Convergent Tariff Plans (Packages) published on the Operator’s official website, the Services may be provided on a prepayment basis.

6.8. The Services are provided in the territory of the Republic of Armenia.

6.9. By becoming a party to the Subscriber Contract, the Subscriber agrees to receive advertising, commercial and/or other messages about the Services provided by the Operator via the mobile network of the Operator of which it is a subscriber and/or by receiving emails sent to the email address provided by the Subscriber to the Operator.

6.10. In the event of refusal to receive the messages specified in clause 6.9 of the Terms, the Subscriber shall be obliged to inform the Operator thereof in writing.

6.11. Significant factors affecting the maximum (advertised) download and upload speeds of internet access services provided via the Operator’s public electronic communications fixed network include:

1) incorrect network settings made by subscriber;

2) incorrect IP settings;

3) damage to optical lines during construction works;

4) interruptions in power supply (more than 1 hour);

5) damage to optical lines caused by animals (rodents);

6) insufficient ventilation for equipment;

7) adverse weather conditions;

8) weak Wi-Fi signal;

9) malfunction of network equipment (router, switch, modem, etc.);

10) excessive use of the subscribed speed by the Subscriber;

11) viruses or resource-intensive programs on the Subscriber’s devices;

12) malfunction of the power adapter;

13) disruption/congestion of international routes;

14) large number of simultaneously connected devices;

15) overload of smart home (IoT) devices.

6.12. The speed of the internet access service provided under Tariff Plans (Packages) is not limited and depends on the technical capabilities of the public electronic communications fixed network in the relevant area, as well as the technical capabilities of the Equipment used. The only exception applies to Tariff Plans (Packages) that include unlimited internet access services, where specific provisions on speed limitation are stipulated in their published terms.

7.Procedure for Service Provision

7.1. Unless otherwise specified, the Operator provides the Services around the clock (seven days a week, twenty-four hours a day) without interruptions.

7.2. The Operator provides the Services in accordance with the legislation of the Republic of Armenia and the licenses and permits issued to the Operator.

7.3. The Operator undertakes to take all necessary measures available to it to ensure the uninterrupted provision of the Services.

7.4. However, the Subscriber hereby acknowledges that the provision of the Services and their quality depend not only on the Operator, but also on circumstances beyond the control of the Operator, for which the Operator is not responsible.

7.5. The quality and volume of the Services provided may be limited by the Operator in accordance with Terms and in cases and in accordance with the procedure established by the legislation of the Republic of Armenia.

7.6. The provision of the Services may be temporarily limited or terminated for the duration of repairs and/or technical maintenance work, about which, if possible, the Operator must inform the Subscribers by making public announcements.

7.7. The provision of the Services may be interrupted or the quality of the Services may deteriorate in case of technical failures. The Operator is obliged to take the necessary measures to eliminate technical failures within a reasonable short period of time.

7.8. In connection with the repair, expansion, modernization, enhancement and/or preventive maintenance works of the network, the Operator has the right to temporarily suspend the provision of the Services after disseminating relevant information in advance by email, SMS message and/or notification on the television screen regarding the relevant information and/or in any other manner acceptable to it.

7.9. Calculation of the Service Provision Period: In the case of a new subscription under a postpaid Tariff Plan (Package), the Services are activated and provided to the Subscriber from the corresponding hour and minute of the day of Service activation until 23:59 of the last day of the relevant calendar month, and the start of subsequent billing periods is considered to be the 1st day of each month (00:00), and the end is the last day of the relevant month (23:59). The calculation of the term of a prepaid Tariff Plan (Package) is strictly individual and starts from the moment of deduction of the relevant amount from the Subscriber’s balance upon actual activation of the Tariff Plan (Package), at the exact day, hour, and minute of activation, and ends on the same day of the following month, at exactly the same hour and minute at which it was activated.

7.10. The Subscriber must notify the Operator of an interruption or malfunction by calling the telephone number specified in clause 4.18 of the Terms or by sending an email to the email address specified in the same clause.

7.11. The Operator is obliged, after the Subscriber notifies it of an interruption or malfunction, to take measures to eliminate the malfunction or interruption, for which the required time may be up to 24 hours.

7.12. In any case, in order to eliminate the defects in the provision of the Services, the Subscriber is obliged to allow a representative of the Operator to work on the Network, the Equipment, other equipment, at the separation point, on wires and end user equipment connected to the Network, the Equipment, telephone network, data transmission network or the Internet.

7.13. The costs of eliminating defects in the provision of Services are borne by the Subscriber if they arose through its fault.

8.Cost of the Services and Payment Procedure

8.1. Information about the type, and characteristics of the Services is posted in the Subscriber Contract and/or on the official website of the Operator.

8.2. The Services are subject to tariffs established by the Operator for the Tariff Plan (Package) chosen by the Subscriber, which are described in the Subscriber Agreement and/or Operator’s website and presented by representatives of the Operator's Sales Unit.

8.3. Payments for the Services must be made in accordance with the procedure and within the timeframe established by the Tariff plan (Package), these terms or the Subscriber Agreement.

8.4. The Subscriber may require a security deposit or other form of security.

8.5. The basis for the calculation of the amount payable for the Services provided to the Subscriber is the calculation of the Operator's Billing System, on the basis of which a settlement document can be provided.

8.6. Unless otherwise established by the description of the Tariff Plan (Package), the Subscriber is obliged to independently clarify the amount to be paid and, by the 25th day of the month following the Reporting Period inclusive, pay the amount calculated by the Operator for the Reporting Period. The Subscriber can make a non-cash payment. The non-cash payment must be made into the bank account specified by the Operator on the official website and/or in the Subscriber Contract, through online electronic payment systems or by the phone number provided by the Operator. Information about the Operator's agents through which the Subscriber can make non-cash payments is published on the Operator’s official website.

8.7. If provided for by the Tariff Plan (Package), the settlement documents are delivered to the Subscriber by mail or e-mail.

8.8. The Subscriber is obliged to check and inform the Operator in writing about discrepancies in monthly bills before making payment for the Services provided. By paying for the Services provided, the Subscriber confirms that it does not dispute the bill presented by the Operator.

8.9. The confirmed bill certifies the acceptance of the Services provided during the specified month.

8.10. The Operator is obliged to keep the information about the Subscriber's account, as well as about the Services provided to the Subscriber for 1 (one) year, after which the Operator may refuse to provide the Subscriber with information about its account or the Services provided to it.

8.11. The Subscriber's payment obligation is considered fulfilled from the moment the payable amount is entered into the Operator's Billing System/bank account.

8.12. Any person making payment in favor of the Subscriber is deemed to have been duly authorized by the Subscriber to make payment and to be acting on behalf and in the interests of the latter in order to exercise this authority.

8.13. On the basis of a written application from the Subscriber, the Operator may make corrections to incorrect payments, including transferring the incorrect payment from the Subscriber's account to the correct addressee. The Operator is not responsible for losses incurred by the Subscriber as a result of this.

8.14. Due to technical features, amounts charged to the Subscriber for some services provided may be reflected in the Subscriber’s personal account with a delay.

8.15. The Operator has the right to use the amount of the security deposit and/or prepayment paid by the Subscriber to pay off the Subscriber's overdue debts.

8.16. Record-keeping of all tariff plans (packages) selected under the Subscriber Contract is carried out in the billing system using one personal account and one overall balance. This means that no record-keeping is carried out at the level of an individual tariff plan (package) or service, and charges for services rendered reduce the overall balance, and payments made increase it. The possibility of optional payment for a separate service included in the personal account is not provided to the Subscriber.

9. Restriction, Suspension, Termination of Service Provision and Termination of the Subscriber Contract

9.1. The Operator has the right, without prior notification to the Subscriber, to unilaterally suspend the Services provided to the Subscriber, as well as dismantle its cables and the Equipment if the Subscriber does not make payment till the last day of the payment period for the Services provided for in the Terms. The Operator may charge a fee for reactivating the suspended Services or for reinstalling dismantled cables and the Equipment and reconnecting them to the Operator's network. In any case, suspension of the provision of Services and/or dismantling of the Equipment or cable does not release the Subscriber from the obligation to pay the remaining amount (fee) payable to the Operator.

9.2. The Operator has the right to restrict or suspend the provision of the Services also in cases where:

9.2.1. The Subscriber has connected to the Network of the Operator end user equipment or devices that do not comply with the technical conditions announced by the Operator or end user equipment or devices that are uncertified, or

9.2.2. The Subscriber has connected to the Network of the Operator end user equipment that is incompatible or interferes with the operation of the Operator’s network or the ability of others to use the services of public electronic communications, or

9.2.3. The limitation or suspension is necessary for the installation, repair, replacement or care of equipment or Network, line infrastructure, or

9.2.4. The Subscriber violates the Terms, or

9.2.5. The Operator discovers that the Subscriber has submitted incorrect data when applying for the Services and such information may be harmful.

9. 3. The Subscriber has the right to submit to the Operator a written application for a free suspension of the provision of the Services for a period of up to 60 (sixty) days at least 1 (one) day before the scheduled date of suspension, indicating the specific period of suspension of the provision of the Services and paying the corresponding fee and debt incurred for the Services as of the date of submission of the application. The Subscriber has the right to submit a written application to the Operator for suspension of the provision of the Services no more than twice within one calendar year, while the total duration of suspension periods must not exceed 12 (twelve) months. Upon expiration of the temporary suspension period for the provision of the Services specified by the Subscriber in the Application, the Services provided to the Subscriber are automatically resumed. Within the meaning of this point, the Subscriber has the right to suspend each or all of the Services chosen under the Subscriber Contract.

9.4. In the absence of another written agreement, upon expiration of the payment period established by these Terms, the Contract will be considered terminated without the need for any notification if, by the 25th day (inclusive) of the second month following the full suspension of the Services, the Subscriber does not apply to the Operator to reactivate the fully suspended Services (while fully fulfilling obligations to the Operator).

9.5. In the event of termination of the Subscriber Contract on the basis of the Subscriber's application, or these Terms or non-fulfillment of obligations defined by the Subscriber Contract by the Subscriber, the Subscriber is obliged to pay the Operator the cost of the Services actually provided before termination of the Subscriber Contract, including the monthly subscription fee (if the Operator has set a monthly Subscription fee for the Service provided to the Subscriber).

9.6. In case of termination of the Subscriber Contract for whatever reason, the Subscriber is obliged to return the Equipment and technical means necessary for installation/ use of it in the condition in which the Subscriber received them from the Operator, considering the natural wear and tear of the Device. The fact that the Subscriber returns to the Operator the Equipment and the technical means necessary for installation/ use of it in accordance with the Terms is confirmed by the delivery-acceptance act. If the Subscriber refuses to return to the Operator the Equipment and/or technical means necessary for installation/ use of the Device, or it is impossible to return them, the Subscriber is obliged to pay the Operator their cost in accordance with the delivery-acceptance act or the Subscriber Agreement.

9.7. The Operator suspends the provision of the Service, if the Subscriber has not paid for the Service on time by notifying the Subscriber 5 (five) working days in advance via email, SMS message or phone call, as well as in other cases provided by the RA legislation.

9.8 The Operator shall notify the Subscriber of the initial term of the Subscriber Contract concluded with a subscription obligation for a certain period and providing for automatic renewal, as well as of the expiration of each term of validity established as a result of the extension, by sending a short message (SMS) or electronic mail at least 5 days before the expiration of the Subscriber Contract, except for the case when the Subscriber has refused to receive the notification specified in this clause in writing. The notification shall include information on the expiration of the Subscriber Contract, the conditions for automatic renewal, and in the case of automatic renewal under the condition of a subscription obligation for a certain period, also information that the Subscriber may unilaterally terminate the Subscriber Contract without additional payment (penalty, fine or cancellation fee) within 30 days after the automatic renewal of its term. Prior to the termination of the Subscriber Contract, the Subscriber's obligation to pay for the provided and billed services shall remain in force until its full performance.

10.Changes to the Terms, tariff plans (packages), tariffs and/or rules

10.1. The Operator may, at its sole discretion, make a public offer to introduce changes or additions to the Terms, tariff plans (packages), tariffs and/or rules by publishing these changes on the Operator's official website at least 3 (three) days before their entry into force, as well as, if necessary, by notifying the Subscribers of such changes or additions via e-mails or short messages (SMS), unless the Subscriber has refused in writing to receive the notification mentioned in this point. In case of making planned changes or additions to the Terms, current tariff plans (packages), tariffs and/or rules that worsen the legal position of the Subscriber, the Operator is obliged to publish these changes or additions on its official website 30 (thirty) days before their entry into force as well as to send information about these changes or additions to the Subscribers via email or short messages (SMS), unless the Subscriber has refused in writing to receive the notification specified in this point.

10.2. In case of disagreement with changes or additions offered by the Operator in accordance with point 10.1 of the Terms that worsen the legal position of the Subscriber, the Subscriber has the right to terminate the Subscriber Contract unilaterally before the expiration of the period planned for the changes or additions to enter into force (except for cases where these changes or additions are subject to the requirements of the RA legislation), by notifying the Operator in writing and/or in another way acceptable to the Operator, and if such notification is not received by the Operator within the specified period and the Subscriber continues to use the Services, then the Operator’s offer to make changes or additions will be considered as accepted by action (accepted) by the Subscriber.

10.3. In the case specified in point 10.2 of the Terms, as a result of unilateral termination of the Subscriber Contract, the Subscriber may not be charged any additional fees (fines, penalties or compensation for release from obligation). At the same time, the Subscriber's obligation to pay for the billed services provided to the Subscriber by the Operator prior to termination of the Subscriber Contract continues to be valid until its full fulfillment.

11. Provision of Information and Notifications

11.1. All information that the Operator is obliged to provide to the Subscriber is posted on the Official Website, made available at the Operator’s service centers and/or in materials provided by the Sales Unit, with the exception of information for which the Terms or the RA legislation provide for a different form of provision.

11.2. In cases provided for by law, the Subscriber Agreement, or in other cases where the Operator is required to send a written notice to the Subscriber, such written notice shall be delivered to the Subscriber by a representative of the Operator’s Sales Department, or sent by registered mail to the address specified in the Subscriber Agreement, or sent by email to the email address specified in the Subscriber Agreement, and/or sent by SMS message. Each of the above methods of notification shall be deemed proper notice, regardless of whether the Subscriber actually received the notice or not. Refusal by the Subscriber to accept a written notice sent by the Operator or delivered by a representative of the Sales Department shall be deemed proper notice.

11.3. Any written application or notice addressed by the Subscriber to the Operator must be delivered to the Operator’s Sales Unit representative, submitted to any of the Operator’s service centers, or sent by postal service (address: 4/1 Argishti Street, Yerevan 0015, Republic of Armenia), or sent to the email address specified in clause 4.18 of the Terms. Information regarding the Operator’s service centers is published on the Operator’s official website.

12. Notice to Personal Data Subject (Subscriber) for acquiring the consent for personal data processing and Subscriber’s Consent

12.1. For the purpose of improving the quality of the services provided by the Operator to the Subscriber, entering valid data into the Operator’s information databases, updating and correcting the data contained in those databases, conducting anonymized analyses based on the data contained in the databases, and preventing/detecting fraud related to the services provided, it is necessary for the Operator to process the Subscriber’s personal data, including collecting, recording, entering, systematizing, organizing, storing, using, transforming, restoring, transferring, correcting, or otherwise processing such personal data.

12.2. The legal basis for personal data processing is the written consent of data subject (the Subscriber) acquired based on this notice.

12.3. Personal data subject to processing include: first name, surname, patronymic, day, month and year of birth, sex, photo, identification document details, document confirming status of residence in the Republic of Armenia, residency status, registration and/or residential address, contact details, and public services number.

12.4. Operations to be performed on personal data: the encrypted personal data specified in clause 12.3 of this notice, which are transferred by the Subscriber to the Operator within the framework of concluding the Subscriber Agreement, as well as those transferred to the Operator by EKENG CJSC from information systems belonging to state and local self-government bodies and other persons on the basis of the Operator’s request, shall be processed in the Operator’s systems that comply with the requirements of the ISO 27001 information security standard, by the methods specified in clause 11.1 of the Terms and for the purposes specified in the same clause.

12.5. Personal data may be transferred to third parties in the cases and according to the procedure established by the legislation of the Republic of Armenia, as well as in cases where services under a particular tariff plan (package) of the Operator are provided jointly with partner organizations. In the latter case, the transfer of personal data may be carried out for the purpose of ensuring the performance (including through judicial proceedings) of the Subscriber’s outstanding obligations toward the partner organization.

12.6. The subscriber has the right to get familiarized with his/her personal data, require from the Company to rectify, block or destruct his/her personal data, where the personal data are not complete or accurate or are outdated or have been obtained unlawfully or are not necessary for achieving the purposes of the processing.

12.7. Validity of the Subscriber’s consent acquired based on this notice: the consent will be valid for the period of contractual relationship between the Subscriber and the Company, as well as for the entire period of archiving of documents. The Subscriber has the right to withdraw his/her consent at any time as a result of which the legal relationships between the Subscriber and the Company may be revised.

12.8. By concluding a Subscriber Agreement between the Operator and the Subscriber in accordance with the procedure established by the Terms, as well as by fully accepting the amended Terms, the Subscriber gives unconditional consent to the processing of his/her personal data by the Operator in accordance with the notice set forth in clauses 12.1–12.7 of the Terms.

13. Dispute Resolution Procedure

13.1. In the event that the Subscriber has an overdue obligation, the Operator has the right, in accordance with the procedure established by law, to apply to a notary with a request to issue an order for the recovery of the debt. In such a case, the Operator shall also have the right, within the same application, to claim from the Subscriber, in favor of the Operator, the notarial fee, as well as an additional amount equal to 10% of the debt as partial compensation for the Operator’s legal expenses.

13.2. Without prejudice to the provisions of Clause 12.1, the Parties agree that any dispute arising from or related to the Contract may also be referred by the Operator to arbitration before one of the following arbitration institutions: - Arbitration Institution operating under the Chamber of Commerce and Industry of the Republic of Armenia; - “Digital Arbitration Center” LLC; - The Permanent Arbitration Court under “Arbitration” LLC. Arbitration, including any communication and/or notification during the arbitration proceedings, shall be conducted in accordance with the laws of the Republic of Armenia and the rules established by the respective arbitration institution at the time of submission (hereinafter referred to as the “Arbitration Rules”). The place of arbitration shall be Yerevan. The language of arbitration shall be Armenian. The arbitral tribunal shall consist of one arbitrator appointed in accordance with the Arbitration Rules. Arbitration shall be conducted in written proceedings, excluding oral hearings unless the arbitral tribunal decides otherwise. The dispute shall be resolved by the arbitral tribunal in accordance with the substantive law of the Republic of Armenia. Counterclaims and related claims shall be examined by the same arbitral tribunal that considers the original claim. The decision of the arbitral tribunal shall be final and not subject to appeal.

13.3. If for any reason arbitration becomes impossible or the award rendered by the arbitral tribunal becomes unenforceable, the resolution of the relevant dispute shall fall under the exclusive jurisdiction of the courts of general jurisdiction at the location of the Operator’s head office (4/1 Argishti str., Yerevan 0015, RA).