GENERAL TERMS AND CONDITIONS OF SERVICE PROVISION

ARTICLE 1 SUBJECT OF THE CONTRACT 

Provision of broadband internet access service by the Operator, through its electronic communications network with the specifications given in Annex 1, according to the subscriber's request. 

ARTICLE 2 FEES   

2.1 The standard tariffs, offered by the Operator and accepted by the Subscriber, are presented in Annex 1 of this Agreement and are an integral part of the Contract signed between the parties. 

2.2 The tariff plan selected by the Subscriber is presented in Attachment 2 of the Subscription Contract. 

2.3 Service Tariffs are subject to change, which are set and published according to the requirements of Law No. 9918, dated 19.05.2008, “On Electronic Communications in the Republic of Albania”, as amended. 

ARTICLE 3 DURATION 

3.1 This contract is concluded for a minimum term of at least ___ months or 12 months or more. In any case, the minimum term of the contracted product is provided in Attachment No. 2, Tariff Plan. 

3.2 In the event of termination of this contract by the Subscriber before the end of the minimum term, the latter is obliged to pay a penalty for early termination of the contract. The penalty will be proportional and includes the payment of the full value of the monthly subscription for the remaining part of the contract term. 

3.3 The Operator will notify the Subscriber via postal service/e-mail/SMS/or other forms of durable electronic communications, 30 days before the end of the minimum contract term. 

3.4 If the Subscriber does not express in writing the termination of the contract within the 30-day notice period for the termination of the minimum contract term, the parties agree that the contract will be converted into an indefinite term contract. During the indefinite term, the Subscriber will be charged according to the basic tariff plan selected in Link 2. 

ARTICLE 4 OBLIGATIONS

4.1 THE OPERATOR IS OBLIGED TO

4.1.1 To provide the subscriber with service in accordance with the standards provided in this Agreement and its annexes. Notwithstanding this, the quality of the service provided by the Operator may be affected by other factors, which are beyond the Operator's control, including but not limited to the coverage area, distance, service provision technology, terminal equipment, atmospheric conditions, etc., which may affect the parameters of the service provided. 

4.1.2 To activate the provision of the Service within 3 business days from the signing of the Subscription Contract. This deadline excludes delays caused by the Subscriber. 

4.1.3 To provide electronic communications services in accordance with the principle of transparency, proportionality and equality according to conditions and prices, according to the type of technology used, category of subscribers, volume of traffic and method of payment.   

4.1.4 To record the Subscriber's complaints and concerns and inform him/her of their possible resolution within the deadlines set out in this Agreement and Annex 1. 

4.1.5 To repair technical defects and restore the provision of the service respectively according to the deadlines set out in this Agreement and its Annexes. In any case, these deadlines will be calculated from the moment of notification to the Operator's information numbers. 

4.1.6 To reactivate the service within 24 (twenty-four) hours, from the moment the Subscriber has settled all financial obligations to the Operator, but in any case on condition that the payment is made before the end of the contract. 

4.1.7 To announce through the media and posters, near the complaints unit and its offices, any changes to the Service tariffs, no later than 7 calendar days, no less than 3 (three) consecutive days, before their implementation. 

4.1.8 Upon request from the subscriber in writing or through online applications, if the latter are offered by the operator, to change the service package or transmission speed for the internet access service. 

4.1.9 The Operator is not responsible for any problems/defects or direct or indirect damages that may arise as a result of the use of the Internet independently of the Subscriber, such as opening various Internet pages, downloading programs from the Internet, damage from viruses, applying online payment methods, etc. 

4.1.10 To notify the Subscriber of modifications to the Contract no later than 30 days before the date of entry into force of these modifications. 

4.1.11 Provide the Subscriber with a detailed explanation of all terms of use and contract prior to signing the contract, through Pre-Contract Information, published on the Operator's official website. 

4.1.12 This Pre-Contract Information includes but is not limited to detailed information on the tariff plans that the Subscriber can choose, giving the Subscriber the opportunity to compare them, including: 

i. Complete and clear information on tariff packages and promotional or special offers such as tariff discounts, unlimited traffic or unlimited Internet use, the time of making calls or using the Internet, specifying, among other things, what is included in the package/offer and what is not included in them, the time limits of the offers and the effects of exceeding them, including the tariffs applied. 

ii. The tariff system applied to the services such as usage limitations, charging time, charging method after the minimum time has passed or the limit has been exceeded, the unit of measurement for charging (e.g. MByte, etc.), change in tariff with duration, etc. 

iii. Additional services included in the selected package. 

iv. Information on the quality of services provided/selected, including information and explanations on Internet speed. 

4.1.13 Not to refuse the connection to the network of terminal equipment that is in accordance with Law No. 9918 dated 19.05.2008, as amended, and its sub-legal acts. 

4.1.14 The operator may provide terminal equipment to the subscriber. 

4.1.15 The agreed terms and conditions regarding the terminal equipment, the price of the terminal equipment and the reimbursement of equipment costs in the event of termination of the contract (if applicable), will be presented in a separate annex to the subscription contract. 

4.1.16. To apply the tariff increase for one or more services selected by the subscriber in the contract, only after the subscriber's notification process has been completed by the Operator in one of the following forms: 

- Through individual notification by mail/e-mail/SMS, or other forms of durable electronic communications, at least 30 (thirty) days before their entry into force, in the case when the tariff increase is applied by the Operator. The individual notification must include the address where the tariff increases are published, in case the notification does not contain sufficient details of the changes. 

4.1.17 To automatically apply, even without notice, a reduction in the tariff of one or more services selected by the subscriber in the contract, within the package selected in the Annex and to improve the quality indicators of the services contracted by the subscriber. 

4.1.18 Not to impose a financial obligation for network reconnection, if the service interruption was due to the Operator's errors. 

4.1.19. For tariff packages that have a tiered tariff for the use of the "download" and/or "upload" service, up to a certain limit (limitation), and overpayment for use above the limit (rate per Mbyte), the Operator is obliged to notify the subscriber via electronic means (such as a message on the PC, etc.) no less than 3 (three) consecutive days when the 80% level of the "download'/'upload" limitation is reached (if any). 

4.1.20 The operator is obliged to provide a speed measurement tool for Internet access to the subscriber on the main page of its official website. The speed meter offers the possibility to measure at least: 

a.download speed in Mbps or Kbps; 

b.upload speed in Mbps or Kbps 

c. latency (connection delay) in milliseconds; 

4.1.21 The speed of the internet access service, for technological reasons, is offered to the Subscriber up to the speed that corresponds to the speed selected by the Subscriber in the relevant tariff plan and the Operator will make maximum efforts in this regard. 

4.1.22 The Operator shall take and implement technical and organizational measures to ensure the network, service, confidentiality of communication and communication traffic data according to the provisions of Law No. 9918, dated 19.05.2008, as amended. 

4.1.23 The Operator may take reasonable traffic management measures to avoid risks from network overload or to ensure quality of service parameters, measures which shall not be applied for a longer period than is necessary. 

4.1.24 To notify the subscriber via postal service/e-mail/SMS/or other forms of sustainable electronic communications on their websites or at points of sale: 

 For interruptions and poor quality of the service provided, during periodic checks, repairs or improvements to the network, planned tests, as well as the day and duration of the interruption or poor quality of the service no later than 24 hours before its effective end. 

 For restrictions on the provision of services imposed by the competent authorities in exceptional circumstances, disasters or breakdowns related to national defense and security, without removing the responsibility for normalizing the situation within the shortest possible period.

4.1.25 The Operator may take measures up to and including suspension of services as a response to security or integrity incidents or due to threats and breaches to the network/service. 

4.1.26 To provide conditions for accepting payments from Subscribers, throughout the week, between 08.oo–20.oo. 

4.1.27 To handle and resolve within 3 (three) calendar days, the Subscriber's request for any change in additional services and subscription category. 

4.1.28 To notify in writing/sms/etc., of the implementation of sanctions according to the provisions of this contract in case of non-fulfillment of contractual obligations by the Subscriber. 

4.1.29 To handle written requests/complaints from the Subscriber. 

4.1.30 Publish quality indicators for internet service. 

4.1.31 To implement simple and effective procedures for resolving disputes with the Subscriber.

4.1.32 To automatically reactivate the service suspended by the subscriber, upon the latter's request, immediately after the end of the service suspension period specified in the request. 

4.1.33 To recharge the subscriber for overbilling for services provided. 

4.1.34 To enable equal access and choice for subscribers with disabilities, according to the legal provisions and by-laws in force, in this regard. 

4.1.35 To enable the subscriber, in a simple and free manner, to automatically block calls redirected by a third party to the subscriber's terminal equipment. 

4.1.36 To carry out continuous monitoring of services and take measures to repair technical problems in the shortest possible time but not more than 72 hours. The repair period begins from the moment of notification of the problem by the subscriber or its ascertainment by the Operator, excluding cases when the delay comes from the Subscriber. 

4.1.37 The operator must store the information according to the conditions established by law and must make it available to subscribers upon their written request, as determined by law. 

4.1.38 The operator undertakes to activate the contracted service and repair defects or resolve the subscriber's complaint within 3 working days from the date of signing the contract or from the date of ascertaining the defect or submitting the complaint by the subscriber. For specific complaints regarding billing, the resolution time may be longer than 3 days, but in all cases no later than the date of issue of the invoice of the month following the month for which the subscriber has made the complaint. 

4.1.39 To make available to persons with disabilities the “large print” or “braille” version of the subscription contract. The contact details of the entrepreneur for this purpose are published on the official website of the Operator. 

4.2 THE CONTRACTOR IS OBLIGED TO

4.2.1 To provide at his own expense the installation of services and/or equipment necessary for the connection of the internet service (Modem/Splitter/Router/etc.). In cases where the equipment is provided by the Operator, the subscriber is obliged to return them, in working condition, at the end of the contract, or to compensate the equipment in monetary value, deducting the depreciation cost. 

4.2.2 To make payment for the service provided, according to the manner and deadlines specified in the Contract and its Attachments/Annexes, as well as to receive and retain copies of documents confirming the performance of financial transactions for the payment of the invoice. 

4.2 To liquidate all financial obligations towards the Operator that have arisen up to the moment of termination of the contract. 

4.2.1 To use the service provided in accordance with the subscription category specified in the Contract. 

4.2.2 Not to use the service provided for illegal purposes, to disturb, insult or threaten Subscribers of other electronic communications networks, or to commit acts that are contrary to Albanian Legislation. 

4.2.3 Not to misuse the service and not to jeopardize the security and integrity of the Operator's network. 

4.2.4 Do not use the service for resale purposes. 

4.2.5 Not to transfer the service to third parties. 

4.2.6 Not to offer in any form, for one reason or another, nor to create conditions for copying, recording, re-transferring or using the content and services for other purposes, and without bypassing or attempting to bypass the mechanisms for protecting programs against such actions and/or unauthorized uses. 

4.2.7 Connect only certified devices to the network and ensure that their technology is compatible with what is required in the Operator's internet access service. 

4.2.8 Not to make, or allow unauthorized persons to make changes to electronic communications equipment and/or the network and not to allow the latter to connect to their equipment without prior written notice to the operator. 

4.2.9 Not to damage the Operator's telephone installations or equipment, including but not limited to those located on private or public property and premises. 

4.2.10 To allow, if necessary, for the provision of the subscriber's service, entry into private properties of authorized employees of the Operator, for the fulfillment of the contract. 

4.2.11 Not to assign or transfer to a third party the rights and obligations towards the Operator under the subscription contract, without the latter's written approval. 

4.2.12 To notify the Operator in writing of any change in his/her identification data, or communication data between the parties. Until such changes are notified, invoices and any other communication/notifications will continue to be made at the contact points specified in the contract. 

4.2.13 Do not allow minors access to pornographic or other programs and/or inappropriate internet addresses. 

4.2.14 To protect and manage with his own care the common parts of the operator's electronic communications network built on the subscriber's property and/or property in use. The subscriber will not allow third parties access to these parts of the network, except with the operator's approval. 

4.2.15 To assist the operator in the construction of common and adjacent parts of the network, including building network connection channels for the Operator's public electronic communications network and the installation of the building communications network. 

4.2.16 To pay for damages intentionally caused to the Operator that are direct, immediate and in violation of their obligations under this contract. The Subscriber may fail to fulfill any obligation provided for in this contract in the event of force majeure. In such cases, he will be notified in time. 

by the Operator regarding the nature, force majeure and possible consequences, for the fulfillment of their obligations. 

4.2.17 To return the electronic communications device or equipment used in the conditions provided, except for normal functional use, within 5 (five) calendar days, in cases of termination of the contract by the Operator. In the case of termination of the contract by the Subscriber, the Operator shall have the right to request the return of the electronic communications device or equipment in use at the time of submitting the request for termination of the Contract. 

4.2.18 To pay all outstanding obligations, including unpaid invoices, the invoice issued by the Operator until the date of termination of the contract.

ARTICLE 5. RIGHTS 

5.1 THE OPERATOR HAS THE RIGHT: 

5.1.1 To terminate the provision of the Service and/or services to the subscriber who has not complied with the obligations arising from the provisions of Article 4.2. 

5.1.2 To terminate the service subject to the contract unilaterally, by giving at least 24 hours' notice, for maintenance and  service improvement purposes. The duration of the termination shall not exceed 48 hours. 

5.1.3 To change the tariffs for the provision of the Service during the validity of the contract, according to the conditions set out in point 4.1. 

5.1.4 To make changes and improvements to its telecommunications network according to network expansion and technology needs.

5.1.7 Not to suspend services, despite the subscriber's request, when the services are provided together or are closely related to each other. The operator may in any case decide otherwise at its discretion. 

5.10 To apply and implement the subscriber's requests submitted by the latter in writing or through online applications, according to the terms of this contract and its annexes. 

5.1.11 To refuse to execute a service contract, for connection to the network or restoration of temporarily suspended network access and to stop the provision of some or all services in cases where the subscriber: 

 Fails to provide data and documents according to the contract or when the necessary conditions for the provision of services are not met, including access to and use of electricity in the property or building and other similar conditions. 

 Deadlines have passed or obligations for payment of the service/s provided by the operator have been delayed. 

 Has used or allowed the use of electronic communications equipment or electronic services for purposes and in 

Contravention of the provisions of the contract and the legislation in force. 

 Has accessed or attempted to access the Operator's services in an irregular manner, incompatible with the subscription contract and the relevant regulations for the provision of services subject to the contract or prohibited by law. 

5.1.12 Not to provide service under the subscription contract, when the subscriber has undertaken or allowed unauthorized third parties to undertake the installation, modification or repair of the equipment and/or network. 

5.1.13 The Operator shall not be obligated to the Subscriber to: 

 Damage not caused by direct or indirect actions by the Operator;

 Failure to fulfill its obligations due to force majeure during its duration; 

 The content of the information transmitted over the network; 

 Interruption and/or low quality of electronic communications services when this is within the limits of the technical parameters and quality of other electronic communications networks, as well as damage and/or disruptions in these networks; 

 Interruption and/or low quality of electronic communications services when this occurs due to the absence, suspension, or deterioration of the technical parameters of the quality of the energy equipment of buildings and/or apartments; 

 Lack of provision of services or their poor quality during tests carried out by the operator with the aim of inspecting equipment, connections, networks, etc., as well as tests aimed at improving or improving the efficiency of the service provided, only subject to the subscriber keeping the latter informed in advance. 

5.1.14 The Operator has the right to apply policies for the fair use of services and/or products offered to the subscriber, which in any case will be in accordance with the relevant regulations and legal and sub-legal provisions in force. 

5.2 THE CONTRACTOR HAS THE RIGHT: 

5.2.1 To use the contracted service in accordance with the terms of this contract. 

5.2.2 To request or make in writing or through online applications/applications  applied by the Operator changes to the type of  package, transmission speed or address (location), or purchase of promotional offers/additional packages that the parties agree to. 

5.2.3 To request in writing the termination of the contract unilaterally, but by fulfilling the terms of the contract. 

5.2.4 To determine the initial services and additional services that will be used according to the Annex to the contract. 

5.2.5 To request the re-signing of the Settlement Contract, after the settlement of all outstanding obligations. 

5.2.6 To suspend the use of the services upon submission of a written request to the Operator, no later than 10 calendar days before the date of suspension. 

5.2.7 In any case, suspension of service may not be requested more than twice within 12 months and in any case the total suspension time may not be longer than 3 months. 

5.2.8 The suspension period will in any case be added to the term of the contract or product benefited by the subscriber. Suspended services will be automatically reactivated upon the end of the period specified in the subscriber's request. The suspension fee will be determined according to the price list in force. service/services. 

5.2.9 Not to pay any fees during the period of suspension of service, except for the service suspension fee, which is payable at the time of submitting the request for service suspension. 

5.2.10 In the case of services that are provided together or due to their nature are closely related to each other, the suspension of service will not be provided for the services themselves. The Operator may in any case decide otherwise at its discretion. 

5.2.11 To revoke at any time the prior consents given by him by submitting a request in one of the forms provided for in this contract. 

5.2.12 Receive free of charge invoices for services, as well as have access to online information on monthly invoices. The detailed invoice contains at least information regarding: the numbers and types of services of the reporting period; the total amount by type of services; the total amount of the invoice; the taxes applied; the amount of discounts for the subscriber; the corresponding total amount; the payment period; the possible payment methods, the operator's credentials and contact persons and is provided to the subscriber only upon request by the latter without payment for the previous period. 

5.2.13 In cases where the operator does not execute, within the deadlines set forth in this Agreement, the subscriber's request for unilateral termination of the contract, the contract will not be considered terminated and the subscriber will enjoy all the rights and obligations provided for in this Agreement. 

ARTICLE 6 BILLING 

6.1 Billing for the Subscriber will be on a monthly basis and will be carried out according to the provisions of this contract and its annexes. 

6.2 The invoice shall be delivered to the Subscriber in the manner and form requested by the Subscriber, no later than fifteen calendar days before the payment deadline. For the non-individual category, the invoice shall be communicated to the Subscriber in accordance with the legal provisions in force and the specific provisions on fiscalization. 

6.3 The subscriber will pay the operator a price for the services provided, respectively: 

6.3.1 The initial price for network access and/or service activation (when applicable) for which the Subscription Contract has been concluded. The price shall be paid within the term according to the contract and is not subject to compensation upon termination of the contract. 

6.3.2 The value of all services used during the billing period. The billing period lasts from the first day to the last day of the calendar month. 

6.3.3 The monthly subscription fee, which is due for the completion of access to the specified services for which a contract has been concluded. 

6.3.4 The price for the terminal equipment when purchased from the operator or the rental for the use of the terminal equipment (when applicable). 

6.3.5 Fee for technical assistance in the use of services, including installation, maintenance and repair of electronic communications equipment provided (when applicable). 

6.3.6 Payment for other services specified in the operator's price list (when applicable). 

6.4 Billing for overpayment in the case of prepayment will be made on the following month's invoice. 

6.5 The Operator invoices the services provided on a pre-paid or post-paid basis, according to the specifications in the relevant Annex of the product offered. 

6.6 In the invoice sent to the Subscriber, in addition to the amounts of the obligations, the Operator includes: 

- Invoice payment deadline; 

- The method and place of payment of the invoice; 

- Additional payments; 

- Sanctions in case of non-payment of obligations (interest-delays, interruption, limitation of services, etc.); 

- Contact number of the Customer Care Operator for billing information (calls to this number are free of charge or at a cost according to the specifications in the tariff annex, respectively). 

ARTICLE 7. MAKING PAYMENTS 

The Subscriber's financial obligations to the Operator are carried out as follows: 

7.1 For the value of the installation, activation of the service, of the terminal equipment or its configuration, with LEK in hand, only once, at the Operator's cash desk or with a Drawing Order in the name and in favor of the Operator, according to the provisions in the invoice issued, at the time of signing this Contract, referring to the tariffs set out in Annex 2. 

7.2 Monthly payments for services received under the contract. 

7.3 Obligations under point 7.2 must be settled within the deadline specified in the invoice and in any case no later than the last day of the month. 

7.4 Failure to receive the invoice does not release the subscriber from the obligation to pay within the specified time. 

7.5 Payment date will be considered: 

a. The date marked on the collection order, in the case when the payment is made in LEKE in hand, at the Operator's collection unit. 

b. Date of crediting the Operator's liquidation bank account, in the case when the payment is made by bank transfer or through the electronic payment system. 

ARTICLE 8 SANCTIONS 

8.1 In case of delays in the network connection on time or in the activation of the service, the Operator will pay a penalty of 0.1% of the initial fee for the network connection and the activation of the service for each day of delay, but not more than 20% of this fee. Exceptions to this penalty are cases where the delays are caused by actions or omissions of the Subscriber or third parties, beyond the control of the Operator. 

8.2 If the contracted service does not meet the quality level stipulated in the contract and/or the Operator delays the repair of defects in its telecommunications network beyond the deadlines set out in this Contract, then it is obliged to deduct them from the following month's bill in the subscription fee proportionally to the days of lack of quality/delay in repairing the defect. 

8.3 In the event that the Subscriber fails to pay the invoice by its due date, the Operator has the right to take sanctions and restrictive measures to provide the service to the Subscriber until the termination of the contract:    

a. The Operator applies a penalty of 0.5% of the unpaid monthly invoice for each day of delay and within 7 days after the payment deadline specified in the invoice, will notify the Subscriber in writing or by SMS/phone call for the fulfillment of the payment obligation and/or other contractual obligations, within the 15th of the current month and for the limitation of the provision of the fixed telephony service, giving the Subscriber the opportunity to be called by others (unilateral, incoming only) and to use Emergency Services; 

b. The operator, after 15 days from the expiry of the payment deadline specified in the invoice, will execute the limitation of the fixed telephony service by interrupting the provision of outgoing calls for fixed telephony and at the same time will continue with notifications via SMS/phone calls about the measures that can be taken in the future. 

c. In case of non-payment of obligations upon completion/exceeding 30 days of the payment deadline specified in the invoice, the contracted services will be completely discontinued. In any case, calls to emergency numbers will be allowed. 

d. The operator, during the second month after the invoice payment deadline, generates invoices for the services provided during the previous month and follows up with the respective notifications on the settlement of obligations for the invoice of the previous month and all contractual obligations. 

e. In the third month after the regular payment deadline of the invoice, the operator sends a written notice to the subscriber for the fulfillment of obligations within 15 days from the date of this notice and the unilateral termination of the contract within 3 days from the expiration of the 15-day period specified in this paragraph. In case of non-payment of obligations even according to this notice, the Operator will exercise the right to terminate the contract with the subscriber. 

8.4 The Operator is not obliged to notify the Subscriber in advance of the measures taken in the event of an identified breach of contract: 

 constitutes a serious threat to public order, safety, health and the environment; 

 causes serious physical, material or functional damage to the network. 

8.5 If technically possible, the Operator is obliged to limit access only to those services for which the Subscriber has violated the terms of the contract, except in cases where the Subscriber abuses, or repeatedly makes late payments or does not pay invoices. 

8.6 In any case, when the Subscriber delays the payment of the invoice value, beyond the deadlines specified in the invoice and within this deadline has not made a written complaint about the invoice, the Subscriber is obliged to pay the Operator interest at the rate of 0.5% of the unpaid monthly invoice, for each day of delay in payment from the payment deadline specified in the invoice. 

8.7 If the Subscriber has made a written complaint about the invoice, before the payment deadline, then: 

a. The operator is obliged to handle the complaint and respond according to the provisions of this contract. 

b. The operator may not apply the restrictive measures referred to above. 

8.8 Amounts overcharged for services provided and amounts complained about according to the provisions of this Subscription Contract will be deducted from the monthly subscription price for the next month(s) and upon termination of the Subscription Contract will be paid to the subscriber through the officially notified bank account, if the conditions for termination of the Subscription Contract are met.

ARTICLE 9 UNILATERAL TERMINATION OF THE CONTRACT 

9.1 The operator has the right to discontinue the provision of the service and unilaterally terminate the contract without prior notice to the subscriber in the following cases: 

 establishes flagrant, systematic or continuous violations of contractual obligations and/or the General Terms of Service. For the purposes of this provision, flagrant violations and systematic violations of contractual obligations shall be understood to mean: 

o “Flagrant breach of contractual obligation” is a breach that causes or may cause damage to other subscribers/users or to the operator, 

o “Systematic breach of a contractual obligation” is a breach that has occurred two or more times within the term of the contract. 

 the subscriber intentionally damages/breaks or allows the destruction/damage/breaking of the modem and/or other electronic communications equipment provided by the operator, if he/she does not pay compensation for any and all actual damages caused to the operator, including the costs of the terminal equipment 

 according to the provisions of point 8.3.e, 

 in case of force majeure. 

9.2 The Subscriber has the right to terminate this Contract on the last day before the issuance of the monthly invoice if the request for termination is submitted no later than the 25th of the month. 

9.2.1 If the request for termination is submitted after the 25th, the contract will be considered terminated on the last day of the following month. 

9.3 The Subscriber has the right to terminate the Contract unilaterally and without additional costs, by notifying the Operator in writing within a period of 30 days from the date of notification, in cases of modification/replacement of the contract by the Operator. 

9.4 Termination of the contract will not remove the obligations that the subscriber has under the old contract. 

9.5 The Subscriber has the right to terminate the contract unilaterally by giving written notice to the Operator and completing the relevant form, and the contract will be considered terminated according to the provisions of paragraph 9.2.

9.5.1 In any case, the Subscriber is responsible for making all payments and obligations pertaining to the contract and returning electronic communications devices and equipment if they have been provided for use by the Operator. 

9.6 In any case, the Operator has the right to terminate this contract at any time, with a 30-day prior notice to the Subscriber. The termination and interruption of one/some of the services unilaterally by the parties does not imply the termination of the contract within the same period, except in the case when only one service is provided under the contract. 

ARTICLE 10 PRESERVATION OF THE CONFIDENTIALITY OF TELEPHONE COMMUNICATIONS AND 

USE OF PERSONAL DATA 

10.1 The Operator is obliged to ensure the implementation of the Rules in force regarding the manner of collection, processing or transfer of the subscriber's personal data according to Law No. 9887/2008, as amended, and other sub-legal acts in its implementation. 

10.2 The Operator will not control or disseminate personal data or the content of conversations conducted through the Operator's network, except when this is necessary as part of the network maintenance activity or is provided for by applicable legislation. 

10.3 The Operator will not disseminate, transmit or process the Subscriber's personal data, including (but not limited to) data on amounts spent or for purposes other than those for which the data was requested, except when such a thing is necessary and is directly related to the provision of services and/or the fulfillment of this Contract, as well as when such a thing is provided for by applicable legislation. The Subscriber may be informed at any time.    

10.4 The Operator will collect, process and disseminate the personal data of the Subscriber for the fulfillment of this Contract. Personal data such as: name, surname, personal identification number, date of birth, gender, photocopy of the means of identification and residential address, are mandatory data to enable your registration and connection to the network. Other contact data are voluntary data to benefit from customer care services. By signing this contract, the subscriber agrees that the Operator may process and disseminate his data for the purposes of this contract, including (but not limited to) processing requests for subscription to the network, providing services and products to the Subscriber, maintaining transaction accounts, preparing invoices and providing customer care services (including sending invoices via postal service), checking and reporting credit, creating a database of debtors with unpaid obligations and collecting unpaid contractual obligations through third parties on behalf of the Operator, creating and measuring databases and service platforms, conducting analysis and studies for business information and marketing purposes, subscriber profiling, developing products and services, restructuring or reorganizing the Operator's business, security of the Operator's network and information, protection of the Operator's assets and rights, including intellectual property rights and trademarks. commercial, employees and customers from criminal activity or other activity that may cause damage, to fulfill legal and regulatory obligations in connection with legal procedures, including defense in legal proceedings against the Operator as well as the dissemination of third party data for the purpose of collecting outstanding obligations in the event that the Contract with the Subscriber is terminated for this reason. 

10.5 The Operator or its agents may, from time to time, contact the subscriber via post/telephone/e-mail, or SMS in relation to the service provided and received by the subscriber (e.g. but not 

limited to: the provision of assistance or telephone answering service, the status of receiving messages or payments, etc.). 

10.6 With the prior consent of the subscriber, the Operator may contact the latter via mail/telephone/e-mail or SMS regarding the details of the services and new products that the Operator offers. In case the subscriber decides not to receive communications of this nature, he may request this at any time and free of charge, by request in stores or through applications that the Operator has created for its Subscribers. 

10.7 The Operator undertakes to respect the confidentiality and privacy of the Subscriber and to treat the Subscriber's personal data in accordance with the provisions of Law No. 9887, 10.03.2008 "On the Protection of Personal Data", as amended, Law No. 9918, dated 19.05.2008 "On Electronic Communications in the Republic of Albania", as amended, the by-laws issued in their implementation as well as for permitted business purposes. 

10.8 The Operator will store the subscriber's personal data in accordance with the terms and conditions set forth in the applicable legislation and will make them available to the subscriber upon his written request, as long as they are still available to the Operator. 

10.9 Data on the subscriber's personal identification number may be used for data recovery by the entrepreneur in court. 

10.10 The Operator guarantees that it does not conduct interception of electronic communications. The interception of electronic communications is carried out only by the competent state bodies specified in Law No. 9157 dated 04.12.2013 “On the interception of telecommunications” (as amended). 

10.11 In accordance with legal provisions, regarding personal data processed by the Operator, you have the following rights at any time:

the right to access, the right to request blocking, correction or deletion, the right not to be part of automated decision-making, the right to object and the right to complain. 

10.12 The Operator shall, within 30 days of receipt of the request, send you the requested information or the reason for not granting or not executing your request. In any case, for the execution of requests, the Operator may request additional information for your accurate identification to avoid your information being disseminated to unauthorized persons. 

ARTICLE 11 GENERAL CONDITIONS 

11.1 This Contract is drafted and interpreted by the Parties in accordance with the legal and sub-legal acts of the Republic of Albania. 

11.2 Disputes arising between the parties shall be resolved in accordance with the provisions of the Subscriber Dispute Guidelines provided as an Annex to this Agreement. In the event that the parties fail to resolve the dispute amicably, either party may refer the dispute to AKEP or the competent Court for review. 

11.3 This Contract enters into force on the day of its signing by the parties. 

11.4 In the event of termination of the Contract due to non-payment of obligations by the Subscriber, either personally or as a legal entity, he will lose the right to enter into another contract with the Operator without first paying his outstanding obligations to the Operator. The Operator will retain its right to request payment of outstanding obligations in accordance with the law. 

11.5 Changes to the General Terms of the Contract may only be applied after their respective notification to AKEP.