Electronic communications service usage terms


1. Terms
1.1. Regulations - Electronic communication service usage regulations.
1.2. OPTRON Ltd. - "OPTRON" Id. No. 40103066693.
1.3. Services - Electronic communications services provided by OPTRON.
1.4. Customer – an individual or a company, which has an agreement with electronic service provider for services.
1.5. OPTRON Network - OPTRON technical tool set, which allow the provision of services for Customers.
1.6. Contract - Written agreement concluded between the Customer and OPTRON for services.
1.7. Connection point - the place where the Customer is given access to OPTRON network.
1.8. Connection number - Customer granted OPTRON number of fixed telephony, which is characterized by the connection point. Connection number is assigned to OPTRON by Public Utilities Commission. The Customer is the user of connection number.
1.9. Terminals – Customer`s premise equipment and devices to connect to OPTRON network.

2. General issues
2.1. These Regulations determine OPTRON service and administration procedures.
2.2. The terms are applicable to all Customers of OPTRON.
2.3. OPTRON provides services in OPTRON network area.
2.4. OPTRON network is OPTRON property.
2.5. The regulations are an integral part of the agreement and is subject to OPTRON and Customer from the time of signature.
2.6. OPTRON defines connection point to OPTRON network. Telephony and Internet connection point is the first rosette in Customer premises, if OPTRON and the Customer did not agree otherwise.

3. Customer general rights, duties and responsibilities
3.1. A Customer is entitled to:
3.1.1. Receive services and to disclaim them in accordance with the contract and these regulations;
3.1.2. receive the information available for Customers about the services provided, rates and billing;
3.1.3. Deposit in advance for receiving services;
3.1.4. discontinue service to a time, in accordance with their contractual terms, writing an application,
3.1.5. submit petitions, submissions and applications to OPTRON;
3.1.6. terminate the contract;
3.1.7. Receive "preservation service for Connection number (in the case of voice telephony service in fixed public telephone network) according to terms and conditions of Latvian legislation.
3.2. Customer is responsible for:
3.2.1. Adhere to these rules and the Latvian law,
3.2.2. Timely payment of OPTRON invoice for services received;
3.2.3. for violating OPTRON invoice payment deadline to pay a penalty of outstanding amounts due time, unless contract specifies otherwise.
3.3. Customer is prohibited:
3.3.1. use OPTRON network for disturbing other Customers or other activities that seriously hamper the operations of the network OPTRON and service provision to other Customers or use in a way that contradict with Latvian law;
3.3.2. use Network Terminals in OPTRON network that have been damaged and / or who have not been evaluated or declared according to Latvian legislative requirements;
3.3.3. OPTRON is not responsible for the quality of services provided and the losses incurred by Customers when the Customer uses terminals, which have been damaged and / or who have not been evaluated or declared according to Latvian legislative requirements.

4. OPTRON general rights, obligations
4.1. OPTRON has right:
4.1.1. calculate the cost of the network damage prevention and the Customer is obliged to pay, if OPTRON finds that the damage caused to OPTRON Network is by defective terminal or damage to OPTRON network has caused by Customer;
4.1.2. Terminate a particular service, informing the Customers 30 days in advance or in term stipulated in another contract. If a Customer connection is disabled because of the debt, then he is warned 10 days in advance.
4.1.3. the existence of the debt, send Customer reminders, warnings and claims;
4.1.4. make changes to the OPTRON network, related to network technical development;
4.1.5. to cease the provision of services and unilaterally terminate the Agreement if the Customer fails to duly fulfil obligations or infringe Regulations.
4.2. The OPTRON duties are:
4.2.1. to provide continuous and high-quality Services in accordance with service quality regulations in this Agreement;
4.2.2. to provide possibility for Customer to inform a damage;
4.2.3. to provide possibility for Customer to receive free of charge consultations about Services;
4.2.4. to satisfy Customer`s writing request, with which Customer grounded requires re-calculation of invoice;
4.2.5. provide "preservation service of Connection number (in the case of voice telephony service in fixed public telephone network) according to terms and conditions of Latvian legislation.
4.2.6. OPTRON is not responsible for any default or failure, if it is a cause of force majeure.

5.Applying for a service.
5.1. An Individual requests the service:
5.1.1. in writing, or
5.1.2. by e-mail, or
5.1.3. Verbally contacting OPTRON Customer service.
5.2. The decision on the service installation and delivery OPTRON make no later than 10 (ten) working days from the date of receiving a request, in case of refusal OPTRON notice the applicant.
5.3. service relocation, transfer or temporarily hold is done by the Customer in writing. Connection point and time is set separately in agreement with the Customer.

6. Contract
6.1. To launch the service, the agreement must be signed between the Customer and OPTRON.
6.2. Before the conclusion of the agreement individuals must have original identity document.
6.3. OPTRON has right not to conclude the Agreement and in the case of conclusion do not provide service or to defer delivery if:
6.3.1. the individual did not show and / or do not submit OPTRON requested information and / or documents;
6.3.2. in accordance with Latvian law, a person with no physical and / or legal capacity;
6.3.3. Customer provided incorrect information; incl. has indicated incorrect data or did not indicate at whole;
6.3.4. Customer has outstanding default to OPTRON, including indebtedness;
6.3.5. Customer has not fulfilled the requirements of the Agreement and related to the Customer`s Connection organization;
6.3.6. other cases provided in these regulations, and other cases according to Latvian legislation.

7. Installation of service
7.1 OPTRON installs Service in 5 business days (or in contract date) after conclusion of the Agreement, unless contract specifies otherwise.
7.2. When installing the service OPTRON add the connection point to OPTRON network. Connecting telephone service, OPTRON assigns connection number for Customer.
7.3. OPTRON connects only such terminals in connection point, which has been assessed or declared certain requirements and are not damaged.
7.4. Terminals can be OPTRON and / or Customer property.
7.5. If the terminal OPTRON property, the Customer is responsible for terminal storage, and ensure the installation and operation in suitable conditions and place as well as provide and pay for electricity necessary for equipment operation and suitable type of rosette near the equipment has been installed, unless contract specifies otherwise.

8. Quality of service
8.1. Quality of service is measurable indicator that describes the service's compliance with established standards and technical regulations.
8.2. OPTRON ensures that the service quality meet the requirements set in LR laws relating to each type of service. Quality standards can be found on the Public Utilities Commission's website www.sprk.gov.lv OPTRON service quality goals statement.
8.3. OPTRON ensure services 24 hours a day in OPTRON network, except for OPTRON network operations break periods (prevention works, network damage, maintenance, as well as force majeure circumstances), which is covered by the Agreement.
8.4. If OPTRON network has been damaged or the quality of service is not satisfactory, then Customer is obliged to notify OPTRON about damage.
8.5. For any damage or data transmission interruption while receiving the service, Customer immediately informs OPTRON by phone. 67150000 on weekdays from 8:30 until 22:00 or e-mail: OPTRON optron.lv 24 hours a day.

9. Service payment terms
9.1. Service payment terms are provided by OPTRON. Basis for the payment terms is agreement, but Customers make payments based on the OPTRON invoices.
9.2. For OPTRON`s services provided Customer pays OPTRON under Customer identified and selected existing tariffs.
9.3. Service charges are calculated, starting with the installation day of Service, unless contract specifies otherwise.
9.4. For each bill payment delayed day OPTRON is entitled to calculate the penalty. Penalty amount is included in subsequent bills. If penalty is calculated, then all future Customer payments cover penalty, but the balance - the current billing.
9.5. If OPTRON has sent an invoice for the services but Customer has not received the invoice, it does not relieve Customer from the timely payment of invoice. In this case, the Customer is entitled to request to issue 1 (one) more copy of invoice.
9.6. The fee for a connection (voice) is calculated from the time the Customer terminal receives a response from the called Customer terminals, regardless of the type of equipment, and the connection provides information transfer between the terminals. Fee calculation is performed only by OPTRON technical equipment data.

10. Discontinuance of provision of services and termination of agreement
10.1. Discontinuance of provision of services can be realized by OPTRON or Customer initiatives in according to these regulations
10.2. To adjure of service or terminate certain contracts, Customer at least 30 (thirty) days in advance in the writing should inform OPTRON, unless contract specifies otherwise.
10.3. OPTRON is entitled to unilaterally terminate the Contract by giving notice to Customers in the following cases:
10.3.1. if the Customer violates Latvian law and regulations
10.3.2. if the Customer violates this Regulation and / or the conditions of Agreement
10.3.3. if the Customer is not paying for the service 30 (thirty) days from the deadline of payment;
10.3.4. if OPTRON cannot continue provision of services in accordance with the law. In such cases, OPTRON sends a Customer a written statement;
10.4. OPTRON interrupted services restores after receiving the payment proof of all due payments, if OPTRON has not exercised the right to terminate the Contract with the Customer.
10.5. In Cases not referred to in these regulations, a declaration of cessation of service or termination of agreement is sent to Customer at least 30 (thirty) days in advance.

11. Submitting a claim and dispute resolution order
11.1. Customer has the right to state a claim to OPTRON in writing.
11.2. A Claim for invoice accuracy a Customer is entitled to make within 30 (thirty) days of billing.
11.3. OPTRON adjudicates a claim of Customers relating to his service, and provides a response in 30 (thirty) days from the date of reception of complain.
11.4. If the parties cannot resolve the dispute in writing or negotiating manner, then it will be solved according to LR legislation.

12. Provision of information
12.1. OPTRON provides information:
12.1.1. About Services and tariffs;
12.1.2. About payment for services and tariffs.
12.2. OPTRON does not provide information about Customer `s data (Requisites), except:
12.2.1. in cases stipulated in Latvian Republic law;
12.2.2. if written consent by Customer is received for data entry in a public Customers directory, then OPTRON has the right to provide telephone reference;
12.2.2. if the Customer specifically indicated a wish to keep disclosed Customer data
12.3. OPTRON held information about Customer services received is confidential. It is provided only for the Customer or in the cases stipulated in Latvian law.
12.4. The Customer has a duty within 30 (thirty) days to submit a written notice to OPTRON in the following details:
12.4.1. Individuals:
12.4.2. name and / or last name;
12.4.3. declared or/and place of residence;
12.4.4. bill of address.
12.5. Any warning or notice in accordance with these regulations is presumed as sent:
12.5.1. if OPTRON is sending it to the Customer announced invoice address, Service address, place of residence,
12.5.2. The Customer has sent a letter to OPTRON official address or to the address given.
12.6. The confirmation document of Letters sent is deemed as delivery confirmation notice. OPTRON do not undertake any risk for mail delivery.