cz

TERMS OF SERVICES

Updated 26 June 2018

Miracle Tele s.r.o., private limited company incorporated and existing under the laws of Czech Republic, with its legal address at Jaurisova 515/4, Praha 4, the Czech Republic, registered under the file number C 292245 by registrar Mestsky soud v Praze, under registration number 06968287, hereafter referred to as the Operator, Miracle Tele, or We, is a mobile virtual network operator that offers worldwide calls and Internet in just one SIM card, hereafter referred to as the Services, to customers from all around the world, hereafter referred to as the Subscriber(s) or You collectively referred to as the Parties.

Your use of the Services provided by the Operator shall constitute your acceptance of these Terms of Service, hereafter referred to as the Terms of Services or the Agreement, and all of its stipulations as well as your acceptance of all other legal documents of the Operator.

Privacy Policy, as well as other legal papers of Miracle Tele such as the Refund Policy and Shipping Policy constitute an integral part of these Terms of Service and shall not be read or quoted on its own without the aforementioned documents.

We reserve the right to revise and modify the Terms of Services as the Services may reasonably require according to our sole discretion. Said revisions or modifications shall be posted in www.miracletelecom.net and, once published therein, shall become binding on Subscriber. It shall be your obligation to be informed thereof by accessing, from time to time, such website where the latest version of the Terms of Services may be found. Your continued use of the Services shall be deemed an acceptance of any revision or modification of the Terms of Services.

1. Terms and Definitions

1.1. The Subscriber is a person or entity who has signed the Agreement with the Operator by registering at the Website for purposes of the use of the Services in accordance with this Agreement and the other legal documents of the Operator.

1.2. The Number is a phone number that is assigned to the Subscriber by the Operator throughout the validity period of the Agreement for purposes of the use of the Services by the Subscriber in accordance with this Agreement and the other legal documents of the Operator.

1.3. The Equipment is a SIM card using which the Services of the Operator may be made available for use by the Subscriber.

1.4. The Operator is Miracle Tele LTD, which is a mobile virtual network operator that provides the Services to the Subscriber through signing agreements with the Providers and using their local mobile networks.

1.5. The Website is the website of the Operator, www.miracletelecom.net, using which the Subscriber can order the Equipment, as well as make a deposit and so on, for purposes of the use of the Services in accordance with this Agreement and the other legal documents of the Operator.

1.6. The Rates are the prices for the Services, which are established and/or updated solely by the Operator at its own discretion, and available for review on the Website.

1.7. The Payment is a certain amount of funds which is sent by the Subscriber to the Operator for the Services to be provided according with the Rates.

1.8. The Services are telecommunications services such as international calls and Internet services that are provided by the Operator to the Subscriber according with the Rates and with this Agreement and the other legal documents of the Operator.

1.9. The Provider is a third-party telecommunication company that is affiliated with the Operator and assists the Operator with provision of the Services to the Subscribers.

1.10. The Parties are the Operator and the Subscriber that shall have their responsibilities, liabilities, and rights under this Agreement.

1.11. The Account is the account of the Subscriber on the Website using which the Subscriber can review his/her Balance, make the Payment, and so on.

1.12. The Balance is a certain amount of funds stored in the Account of the Subscriber on the Website.

2. Subject of the Agreement

2.1. Under this Agreement, the Operator provides the Equipment, the Services, and technical maintenance to the Subscriber. The Subscriber therefore acknowledges and confirms his/her liability to provide the Payment for the Services to be provided according to the Rates, this Agreement, and the other legal documents of the Operator.

2.2. This Agreement shall be considered effective and legally binding to the Parties once the Subscriber has performed any of the actions presented below in sections 2.2.1., 2.2.2., and 2.2.3.

2.2.1. Registering at the Website as well as order, purchase, and/or activation of the Equipment.

2.2.2. Sending of the Payment for the Services to the Operator and/or starting to use the Services.

2.2.3. Checking the corresponding box upon registration on the Website.

2.3. Performing of any of the actions presented above in sections 2.2.1., 2.2.2., and 2.2.3 by the Subscriber shall constitute a proof of his/her acceptance of any and all sections and stipulations of this Agreement as well as the other legal documents of the Operator.

2.4. Provision of the Services to the Subscriber by the Operator shall commence within up to 1 (one) hour following the activation of the Equipment by the Subscriber and sending of the Payment by the Subscriber to the Operator.

2.5. The Equipment shall be delivered to the Subscriber via third-party shipping companies, such as TNT or others. Therefore, the shipping fee for the Equipment shall be paid by the Subscriber directly to such third-party shipping companies.

2.6. This Agreement shall be considered effective and legally binding for the Parties for the indefinite term and/or until its termination by the Parties or one Party in compliance with the Section 7 of the Agreement.

3. Rights and Obligations of the Parties

3.1. The Operator reserves the right to:

3.1.1. Suspend provision of the Services to the Subscriber upon occurrence of irresolvable difficulties that are associated with provision of the Services, which may include but not limited to any technical failure that may render provision of access to the mobile network of the Provider impossible for the Subscriber.

3.1.2. Terminate the Agreement in compliance with the Section 7 of the Agreement.

3.1.3. Suspend or restrict provision of the Services to the Subscriber in case if he/she violates any and all sections and/or provisions of this Agreement and/or provisions presented in the other legal documents of the Operator. In this case, and if the Subscriber possesses more than one Number, such suspension or restriction shall be applied in respect of any and all Numbers of the Subscriber.

3.1.4. Update and/or make amendments in this Agreement, the Rates, and any and all legal documents of the Operator published on the Website at its own discretion.

3.1.5. Make recordings or the telephone calls that the Subscriber makes using the Equipment for purposes of assessment of the quality of the Services provided and proper functioning of the Equipment as well as for purposes of documenting the existence of provision of the Services to the Subscriber by the Operator.

3.1.6. To provide the Provider and as appropriate any regulator with such information or material relating to the Services as is from time to time requested including without limitation copies of recorded messages and information supplied to Subscribers; Subscriber hereby consents to such checks being carried out from time to time and furthermore consents to Operator storing and processing such information.

3.1.7. To suspend, bar or restrict access to the Services if at any time the number of calls or attempted calls to the Numbers causes or is liable to cause congestion or other disruption within any part of Operator ‘s Services. Operator may from time to time impose traffic restrictions on particular Numbers to protect Services quality.

3.2. The Operator shall:

3.2.1. Provide the Subscriber with the Number throughout the validity period of this Agreement.

3.2.2. Upon the Subscriber’s order on the Website provide Subscriber with the Equipment and replace it in case the Equipment is faulty or defective and returned to the Operator or properly demonstrated to prove its defectiveness or damage.

3.2.3. Ensure provision of the Services to the Subscriber in compliance with this Agreement and the Rates as well as the other legal documents of the Operator.

3.2.4. Provide technical maintenance of the Account of the Subscriber and assist the Subscriber in case if he/she experiences any kind of problems that are associated with provision of the Services to him/her by the Operator.

3.3. The Subscriber is entitled to:

3.3.1. Use the Services provided to him/her by the Operator in accordance with this Agreement and the other legal documents of the Operator as well as the Rates.

3.3.2. Choose to terminate this Agreement at its own discretion but solely in case if he/she does not have any outstanding Payments for the Services and solely in accordance with the Section 6 of the Agreement.

3.3.3. Contact the Operator using any means of communications presented on the Website in case if he/she has any problem or question associated with the Services or provision of the Services to him/her.

3.4. The Subscriber shall:

3.4.1. Comply with any and all stipulations of this Agreement as well as with conditions presented in any and all other legal documents of the Operator.

3.4.2. Send the Payment for the Services to the Operator in compliance with the Rates and with this Agreement and the other legal documents of the Operator.

3.4.3. Never use the Number for purposes of engaging in telecommunication activities that include but not limited to private or public polls, contests, advertising campaigns, surveys, lotteries and/or any other activities that may result in damage or harm to the equipment used by the Operator and the Providers as well as any kind of activities that may harm or damage the reputation of the Operator and the Providers and/or lead to any kind of reputational risks for the Operator and the Providers.

3.4.5. Review this Agreement and the Rates as well as the other legal documents of the Operator published on the Website on a regular basis.

3.4.6. Use Numbers (Personal Numbers as defined by Ofcom) only in the manner and way specified from time to time by Ofcom, and Subscriber shall pay particular regard to the personal numbering directive issued by Ofcom (“the Personal Numbering Directive”). Subscriber shall ensure that he/she is aware of the relevant regulation acts and comply with them at all times.

4. Provision of the Services

4.1. The Subscriber is given continuous access to the Services by the Operator 24 hours per day, every day of the year, when the Subscriber is situated within the operating range of the network of the Operator.

4.2. The quality of provision of the Services may deteriorate when, without limitation, the Subscriber is located in places with presence of radio waves and close to tall buildings, in tunnels, basements, subway, and any other sheltered or underground places as well as in places with poor weather conditions.

4.3. THE SERVICES ARE PROVIDED TO THE SUBSCRIBER BY THE OPERATOR ON “AS-IS BASIS”. OPERATOR PROVIDES THE SERVICES ON AN "AS IS" BASIS AND MAKES NOREPRESENTATIONS OR WARRANTIES THAT THE SERVICES SHALL BE UNINTERRUPTED OR ERROR FREE. OPERATOR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES AS TO THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, OPERATOR NEITHER REPRESENTS NOR WARRANTS THAT THE INFORMATION OR CONTENT ACCESSIBLE ON OR THROUGH THE SERVICES IS ACCURATE, COMPLETE OR CURRENT, AND ALL INFORMATION OR CONTENT, INCLUDING PRICES AND AVAILABILITY, ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE TO SUBSCRIBER.

4.4. Subscriber assumes all the risks associated with the use of the Services, any information or content available and/or accessed through the Services and any security features provided for the Services. Operator shall not be responsible for loss of data, it being understood that Subscriber is solely responsible for ensuring that his/her data is properly backed-up and stored in another location other than the Services.

4.5. Subscriber represents and warrants that (a) his/her use of the Services and the Equipment shall strictly be in accordance with this Agreement; (b) he/she will not violate or infringe upon any intellectual, proprietary or other rights, including data protection and privacy rights, or any applicable law, rule or regulation; and (c) he/she has not represented to any party that Operator made any warranty or representation of any kind with respect to the Services.

4.6. Services are available only when the Equipment is within the operating range of Our mobile system or of an operator with which Operator or Provider has an applicable roaming agreement. Services are subject to transmission interference caused by atmospheric or topographical conditions and may be interrupted by equipment failure, modification, upgrade, relocation, repair or similar activities.

4.7. The Operator disclaims any responsibility for the quality of the Services, the range capability of the mobile network of the Providers, and/or for any technical difficulties that may or may not occur on account of the state of the network of the Providers.

5. Use of Services and Equipment

5.1. The Services are confined to Subscriber’s own use and not for resale of any form of telecommunication service. Non-observance of this restriction shall be a ground for immediate termination of the Services. Subscriber shall have no proprietary or other interest in any mobile telephone Number assigned by Operator, and Operator has the right to change any such Numbers from time to time.

5.2. Upon Subscriber’s request and receipt of due payment by the Operator for the Equipment (Subscriber Identity Module - “SIM Card”) the Equipment will be sent to Subscriber. The Equipment identifies Subscriber to Operator’s network, stores information about Subscriber’s phone number, services and registration and provides the memory for Subscriber’s phone book and stored messages. The Services will not work without the Equipment.

5.3. If Subscriber makes calls on other Devices using the Equipment such calls will automatically be charged to Subscriber’s Account.

5.4. Subscriber’s must keep the Equipment safe and in good condition. Any theft, loss of, or damage to Subscriber’s Equipment is Subscriber’s liability and Subscriber will have to pay Operator a replacement fee for stolen, lost or damaged Equipment to receive new Equipment. A replacement fee will not be charged in the event that the Equipment is faulty or defective and returned to or properly demonstrated to prove its defectiveness or damage to Operator within the applicable warranty period.

5.5. In the event of Equipment loss, Subscriber should immediately notify Operator at +420 607 765 807 or Subscriber’s account at Website. Operator may temporarily disconnect or suspend the Services upon request of the Subscriber and re-connect the same also upon request of Subscriber. Subscriber shall pay for all usage charges prior to the time that the loss is reported to Operator.

6. Charges for the Services and Settlement

6.1. The charges for the Services shall established according to the Rates that are available online on the Website. Airtime charges apply only to completed calls and for this purpose, a call is completed if it is answered by a person or by some device such as a fax machine, computer modem, answering machine, voice mailbox system or other device. The Subscriber can also contact the Operator using any of the communication means published on the Website in order to receive information about the Rates.

6.2. Charges for outgoing calls will be billed in one second increments and any fraction of a second will be rounded upwards to the next second save and except for charges for roaming which are billed in one-minute increments and any fraction of a minute will be rounded upwards to the next minute. Charges for ring tones, games, wallpaper, and other Content downloads and data products will be billed on a per call, per unit, or on a per megabyte basis as stated in our applicable tariffs or price lists on the Website.

6.3. The Subscriber can send the Payment to the Operator for provision of the Services either via USD, EUR using the Website of the Operator.

6.4. All Payments for the Services by the Subscriber shall be sent to the Operator in an anticipated way, i.e. before receiving access to the Services by the Subscriber.

6.5 The shipping fee that the Subscriber may be charged upon order of the Equipment shall not be regarded as the Payment because the Operator uses services of third-party companies for purposes of shipping the Equipment to the Subscriber. Therefore, such shipping fees shall be established by the third-party company and shall be paid by the Subscriber directly to such third-party company.

6.6. The Operator shall commence provision of the Services to the Subscriber no later than 1 (one) hour following receipt of the Payment from the Subscriber. Subscriber shall mind that processing of some Payments may take a while depending on the network congestion and that the Operator cannot control the Payment processing times since all Payments are processed via a third-party company.

6.7. If the Subscriber does not agree with the invoice value or the amount that he/she was charged for provision of the Services, the Subscriber can make a claim or complaint so as to demand an invoice report. Such claim or complaint shall be made by the Subscriber no later than 7 (seven) days following the alleged overcharge and the Operator shall investigate such claim and get in touch with the Subscriber no later than 14 (fourteen) business days following receipt of such claim or demand by the Subscriber.

6.8. The Payment for the Services by the Subscriber to the Operator shall be made solely using cashless methods listed above in the Section 6.2 of this Agreement.

6.9. The date of receipt of the Payment from the Subscriber by the Operator shall be considered the date of the Payment.

7. Termination of the Agreement

7.1. This Agreement can be terminated at any moment upon mutual consent of the Parties or in the cases stipulated herein.

7.2. The Subscriber is entitled to terminate this Agreement at any moment at his/her own discretion in case if he/she has no outstanding Payments for provision of the Services by the Operator. If the Subscriber has outstanding Payments for provision of the Services by the Operator, he/she may request the refund of such outstanding Payments according to the Refund policy, after which he/she will be entitled to terminate the Agreement.

7.3. Operator may terminate the Services at any time by giving Subscriber due notice. Operator may however terminate the Services even without notice in any or all of the following instances:

(a) there is an emergency or threat to Operator’s network, such as but not limited to Subscriber’s equipment emitting signals or codes that are harmful to or interfere with Operator’s network;

(b) Operator reasonably suspects that Subscriber directly or indirectly engages in any fraud either by himself/herself or with any other person in connection with the Services, whether the said act is punishable under the law or not, and other analogous cases such as but not limited to international simple resale (ISR), authorized audiotex or as part of a ringback, dialback or similar operation, or availed of ringback, dialback or similar services utilizing the Number issued by Operator, no matter how short, be it temporary or permanent, whether or not for value or which operation or services constitute a bypass defrauding us or our interconnect partners of the rightful access/termination charges due them (“Bypass”),

In the event that Subscriber uses the Services for any Bypass activity, Subscriber shall immediately compensate Operator an amount equivalent to the rightful access or termination charge prevailing at the time the unauthorized services were committed plus fifty percent (50%) of such access or termination charge and all other claims and damages demanded by Operator’s interconnect partners who have been affected by the unauthorized services (“Bypass Compensation”). Such Bypass Compensation shall be computed from the time the unauthorized services were committed by Subscriber until the actual cessation of Bypass activities. This provision shall not be subject to any limitation of liability provided in this Agreement.

(c) Operator is required to do so to comply with an order, instruction, request or notice of any competent legal authority or by authorization of or under law,

(d) Subscriber uses the Services (i) to send spam messages or unsolicited texts and broadcast messages for the purpose of offering services, selling products, or otherwise disseminating information about a product promo, event or advocacy, (ii) to send scam or unsolicited, fraudulent or bogus text or broadcast messages for the purpose of obtaining gain or benefit from other people, or (iii) to perform any illegal activity, or otherwise use the Services in a manner that breaches a material term of this Agreement including, but not limited to, Subscriber’s obligations relating to the use of the Services set out in his/her application or otherwise misuses the Services.

(e) Subscriber breaches any term or condition of this Agreement which breach cannot be remedied such as, but not limited to, having connected accessories pertaining to the application software that may have virus or bugs, having installed and used software that Subscriber does not have any license that may result in an infringement of third party’s intellectual property rights or which may be harmful to Operator’s equipment and network,

(f) occurrence of force majeure.

7.4. If there has been absence of activity from the Number of the Subscriber such as but not limited to calls, text messages, and Internet sessions, any and all funds on the Balance of the Account of such Subscriber on the Website shall be forfeited on the 30th (thirtieth) day of the absence of activity.

7.5. In case of termination of this Agreement by any of the Parties, any and all remaining funds on the Balance of the Account of the Subscriber shall be forfeited unless the Subscriber.

7.6. In case of non-fulfillment of any obligations by the Subscriber under this Agreement, including but not limited to sending of the Payment to the Operator for the Services by the Subscriber on a timely basis, the Operator reserves the right to suspend provision of the Services to the Subscriber until complete fulfillment of such obligations by the Subscriber and/or terminate this Agreement at its own disclosure.

8. Refunds

8.1. All purchases of Services from the Operator, irrespective of the method of the Payment the Subscriber chooses to use for purchase of such Services, are final and non-refundable.

8.2. The refund of outstanding payments for the provision of Miracle Tele Services is provided according to the Refund Policy.

8.3. The Equipment shipping fee is non-refundable. However, in case if the Equipment arrived at the residential address of the Subscriber in a damaged state, the Subscriber shall be entitled to claim a return and receive a new Equipment free of charge according to the Refund Policy.

9. Liabilities of the Parties

9.1. In case of loss, theft, or transfer, without limitation, of the Equipment of the Subscriber to any third-party, the Subscriber shall be reliable for making the Payment for the use of the Services provided to him/her and the Equipment up until the moment of termination of the Agreement.

9.2. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOSSOF INCOME, PROFITS, DATA, DAMAGES FROM LOSS OF USE, OR BUSINESS OPPORTUNITY, OR FAILURE TO ACHIEVE COST SAVINGS, IN CONTRACT, TORT, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, COST, OR DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT; PROVIDED HOWEVER, THAT THE FOREGOING LIMITATION SHALL NOT APPLY TO ANY CLAIMS FOR PERSONAL INJURY OR DEATH OR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR SUBSCRIBER’S/OPERATOR’S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT.

9.3. OPERATOR’S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED 500 EURO.

9.4. IN NO EVENT SHALL WE BE LIABLE TO SUBSCRIBER OR SUBSCRIBER’S EMPLOYEE, AGENTS, CLIENTS, OR ANY THIRD PARTY FOR:

i)  ANY DELAY OR GENERAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, OUR FAILURE TO PERFORM UNDER THIS AGREEMENT; OR

ii)  DAMAGE TO PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THE INSTALLATION, REPAIR OR MAINTENANCE OF THE SYSTEM; OR

iii)  LOSS OF DATA, THE CONTENT OF ANY DATA TRANSMISSION, COMMUNICATION OR MESSAGE TRANSMITTED TO OR RECEIVED BY SUBSCRIBER’S UNIT OR DEVICE.

OPERATOR MAKES NO REPRESENTATION AND GIVE NO WARRANTIES, EXCEPT TO THE EXTENT EXPRESSLY SET FORTH HEREIN.

9.5. Subscriber agrees to defend and hold Operator free, harmless and indemnified from and against any and all claims, demands, actions, causes of action, judgment, cost and reasonable attorney's fee and expenses of any nature for (a) any damage of any kind arising from or related to Subscriber’s use of the Services or by another party irrespective of whether Subscriber knew or has authorized such usage, (b) any damage to property or injury to or death of any person resulting from Subscriber’s use and operation of or malfunction of any equipment or power supply used for the Service, (c) any claims resulting from any action taken by Operator during or as a result of its investigations and/or from any action taken by it as a consequence of investigations conducted by it or by law enforcement authorities, and/or (d) any damage as a result of Subscriber’s acts or Subscriber’ failure to comply with the terms and conditions of this Agreement.

9.6. In no event shall Operator be liable for: (a) any of the circumstances enumerated in Clause 8.5 of this Agreement, (b) any unauthorized access by a third party to Subscriber’s network or data, (c) any error, omission or inaccuracy with respect to any information obtained or disclosed through the use of the Services, or for any damages which such errors may cause, or (f) any delay, interruption or failure to provide or restore the Services due to causes beyond Operator’s control or force majeure.

9.7. The exclusion of damages in this section shall apply to the maximum extent permitted by law and is independent of any agreed remedy.

10. Privacy

Subscriber acknowledges that it has read the Miracle Tele Privacy Policy. Subscriber hereby consents to the processing of personal data in accordance with the terms of the Miracle Tele Privacy Policy. The Privacy Policy may be modified by Miracle Tele at any time, in its sole discretion, as provided in therein.

11. Governing law and disputes resolution

11.1. Law of Czech Republic, excluding its conflict-of-law rules, shall govern this Agreement.

11.2. The Subscriber and the Operator shall rightfully cooperate in order to settle any dispute or claim that may occur due to or with reference to this Agreement, including any disputes or claims associated with any breach, termination, or validity of this Agreement or non-fulfillment of any obligation by any of the parties. In case if the Subscriber and the Operator do not settle such dispute or claim within 90 days following the receipt of the corresponding notice by both the Subscriber and the Operator, such dispute or claim shall be resolved by Czech Republic courts.

12. Miscellaneous

12.1. Any failure by Operator to enforce this Agreement, for whatever reason, shall not necessarily be construed as a waiver of any right to do so at any time.

12.2. Operator and Subscriber agree that, if any portion of this Agreement is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible and the remaining portions will remain in full force and effect.

12.3. Operator may communicate with Subscriber about changes made to this Agreement or any other issues associated with the Company or the Services via displaying or sending Subscriber messages using the Website. Any queries concerning this Agreement, the Operator, or the Services, Subscriber may send to support@miracletele.com.

12.4. Operator may make amendments in this Agreement if Operator updates the conditions of provision of the Services or decide to suspend provision of the Services on a general basis. In case if there are important changes made to this document, Operator will inform Subscriber about such changes being introduced and taking effect via the communication channels that are indicated in the previous section of this Agreement. Operator recommends Subscriber review this Agreement on a regular basis in order to stay aware of changes that may be introduced to this document.

Miracle Tele s.r.o.,

private limited company
Jaurisova 515/4, Praha 4, the Czech Republic

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