General Terms and Conditions

1.1. UAB Peoplefone, code 302744004, address of the place where the activity is carried out: Perkūnkiemio st. 3, 9^th floor, LT-12127, Vilnius, Lithuania, helpdesk number +370 5 2077802, support email address: [email protected] (hereinafter – Peoplefone), provides prepaid payment internet telephony services (hereinafter – the Services) and sells necessary technical equipment (hereinafter – the Technical equipment) and software (hereinafter – the Software) related to the Services to individuals and legal entities in Lithuania and abroad. The Services to clients are provided in accordance with the procedure established in these General Terms and Conditions and applicable legal acts.

 

1.2. General Terms and Conditions (hereinafter – T&C) shall apply to all agreements concluded between Peoplefone and the Services user (users) (hereinafter – the Client (Clients)) via Peoplefone website. They shall not be applicable for clients to whom services are provided or Technical equipment or Software is sold according to a separate written agreement.

 

1.3. Peoplefone reserves a right at any time to change T&C. The version of T&C published on Peoplefone website www.peoplefone.lt shall apply. Peoplefone shall inform the Client by email or by registered mail in accordance with the procedure laid down in subparagraph 5.1. of these T&C.

 

2.1. Information on the scope of application, content, prices and other information related to the Services and Products, services of technical maintenance etc. shall be published in Peoplefone website (www.peoplefone.lt). Peoplefone reserves a right to change at any time any information published on its website, including information on the scope of application, content, prices and other information related to the Services and Products, services of technical maintenance etc.

 

2.2. Peoplefone undertakes to provide Services and Products by taking all reasonable means and by using equipment suitable for the provision of the Services.

 

2.3. Peoplefone shall provide part of the Services by invoking third parties. Peoplefone undertakes to organize activity of such third party, based on the contractual obligations, with care. Notwithstanding that, Peoplefone shall not assume any liability for the activity of a third party and for any damage, loss or other costs resulting from the third party’s activity.

 

2.4. Peoplefone shall examine any information about the quality of the Services and notification of any malfunction, derangement or other problems related to the quality of the Services and the Products. Clients can submit the mentioned notifications via helpline phone number or via support email address indicated in subparagraph 1.1. of the T&C. It will be reacted to such notifications by measures available to Peoplefone expeditiously, not later than within 3 (three) working days, inasmuch as malfunctions, derangements etc. are related to the Technical equipment and Software controlled by Peoplefone. If a malfunction, derangement etc. occurred due to the Client’s fault, Peoplefone may advice the Client and carry out repair works only having received the advance consent of the Client and his account.

 

 

2.6. Peoplefone clients personal data is managed in accordance with the EU General Data Protection Regulation, the Law of the Republic of Lithuania on Legal Protection of Personal data, the Law on Electronic Communications and other legal documents. Information on the personal data management is provided in the Privacy Policy, which can be accessed at: www.peoplefone.lt/EN/privacy-policy.

3.1. The Client shall use the Services by observing all laws and legal acts applicable to use of the Services and the Products. This also shall apply to legal provisions regulating internet communication services.

 

3.2. The Client shall take all precautionary measures necessary to prevent from using these Services by non-authorized third persons. The Client shall be fully liable for non-authorized third party’s use of the Services, which are provided to the Client according to T&C, including compensation of all costs, damage and loss incurred.

 

3.3. The Client is responsible for payment for all Services, which have been used through the Client’s account, irrespective of whether the Services have been used by the Client directly or by any authorized or non-authorized third party.

 

3.4. The Client shall take all precautionary measures necessary to prevent from accessing the Client’s account by the non-authorized third persons. The Client shall refrain from any actions threatening the safety of the system and network. The Client shall be also responsible for actions of the authorized third party.

 

3.5. The Client shall take all necessary measures in order to prevent illegal intervention to any system other than that of the Client and circulation of computer viruses. If the system or equipment of the Client or system or equipment of third parties used by the Client will cause malfunctions or damage to Peoplefone or a third party related to services provided by Peoplefone, Peoplefone shall have a right to terminate provision of the Services to the Client without notifying him in advance, Peoplefone shall also have a right to claim compensation for any direct and indirect costs and damage.

 

3.6. The Client undertakes not to carry any actions, which, in view of Peoplefone or any third party related to the Services, could violate any contractual provisions or provisions of the legal acts or rights of Peoplefone or a third party. The Client shall not use the Services for the purposes of spreading non-ethical or illegal information, or for the purposes of violating the legal acts (including, but not limited to acts regulating export control, consumer protection, unfair competition, discrimination or misleading advertising), or for the purposes of insults, defamation of business, illegal threatening or illegal harassment, improper actions or children pornography, or for the purposes of violation of copyright, patents, trademarks, trade secrets or other property rights, right of publicity or privacy of any third party, or for the purposes of any other illegal activity. Peoplefone shall have a right to delete all material and data related to activity indicated in this article and take all measures, which are deemed as effective and reasonable by Peoplefone in order to avoid such actions.

 

3.7. Peoplefone shall not be liable for actions or omission of the Client or third persons. If Peoplefone would incur direct or indirect costs, loss, damage etc. due to actions or omission of the Client, such Client shall fully compensate them.

 

4.1. T&C shall apply as of the moment Peoplefone accepts registration of the Client in Peoplefone website (hereinafter – the Registration), however, not later than the Services are first used by the Client.

4.2. Peoplefone shall immediately accept and confirm by email Registration of the Client.

 

4.3. Peoplefone has a right to reject the Client’s Registration request without indicating the reason.

 

4.4. The provision of the Services shall commence not later than within 3 (three) working days as of the Registration and receipt of the prepaid payment.

 

4.5. The Client is fully responsible for completeness and accurateness of the information provided at the time of the Registration and shall immediately inform Peoplefone of any changes of the information submitted during the Registration. The Client undertakes to compensate any direct and indirect damage, costs, loss etc. which would incur to Peoplefone due to incomplete or incomprehensive Registration information.

 

4.6. Contractual relations between the Client and Peoplefone commenced upon confirmation of the Client’s Registration, shall be valid for an indefinite period.

 

4.7. The Agreement may be terminated or shall expire:

 

4.7.1. when the Parties so agree;

4.7.2. when the Client refuses from the Services being provided under this Agreement by giving a notification by email or by registered mail not later than 5 (five) days in advance;

4.7.3. in other cases, provided in these T&C.

 

4.8. If the Client notifies of cancellation of the Registration such Client shall have a right to claim to return the balance of Peoplefone account indicated in the Client’s account at Peoplefone as at the day termination or cancellation becomes effective. However, Peoplefone shall have a right to deduct from the balance 20 (twenty) % and total VAT and other taxes, directly related to the payments made via the Client’s account in Peoplefone, but not less than EUR 15 (fifteen) in order to cover taxes and costs of Peoplefone related to such return. The application to return the balance is acceptable only if it is signed, and, if the application is submitted by a legal entity – authenticated with a stamp of the Client. The application shall be submitted in writing to the address of Peoplefone by indicating an account of a credit institution (bank) operating in Lithuania, whereto the balance shall be returned. When returning amounts to accounts in foreign banks in addition to the mentioned deductions Peoplefone shall have a right to deduct also all bank charges related to such transfer.

 

The final settlement amount shall be provided in the VAT invoice issued in the month following the month after termination of the Agreement.

 

4.9. Peoplefone shall have a right to terminate the provision of all or part of the Services if subcontractors, partners or other third parties related to the Services provided by Peoplefone fail to perform their contractual obligations to Peoplefone or terminate an agreement with Peoplefone and if Peoplefone was not able to agree with the other third party on provision of the services under similar terms. Peoplefone shall notify the Client not later than 5 (five) days in advance.

 

4.10. Peoplefone shall have a right to restrict provision of the Services to the Client if the Client uses the Services by violating requirements of these T&C. Peoplefone shall have a right immediately, without advance notice to restrict provision of the Services and to notify the Client by email or registered email immediately:

 

4.10.1.  if the Client uses the Services in such a manner which threatens Peoplefone network or otherwise restricts clients’ possibility to use the services of Peoplefone;

4.10.2. if the Client performs or does not perform actions which, in opinion of Peoplefone may cause additional obligations to Peoplefone or are in contradiction with T&C or any other contractual or other provisions applicable to the use of the Services by the Client;

4.10.3. if the Services are used for illegal purposes or if they are otherwise related to illegal activity aiming to manipulate technical equipment of third persons;

4.10.4. when the risk of disruptions of Peoplefone network arises.

 

If Peoplefone restricts the provision of the Services to the Client based on this subparagraph the provision of the Services shall not be renewed until reasons for such restriction are not eliminated. Provision of the Services may be terminated at the initiative of Peoplefone by notifying the Client not later than 5 (five) working days in advance if the Client does not eliminate violations of this Agreement within 30 (thirty) calendar days as of Peoplefone’ notification on the restriction of the provision of the Services.

Prior to the restriction of the provision of the Services in other cases, Peoplefone undertakes to take actions that the Client would be notified of the restriction of the provision of the Service in advance and that disruptions incurred would be reduced to a minimum. 

Upon restricting the provision of the Services due to the Client’s fault, the Client shall not be exempted from the duty to pay the established fees for the Services. If technical capability allows, upon restricting provision of the Services the possibility for the Client to call to emergency service numbers (fire service, the police, emergency medical service) is ensured.

 

5.1.  Peoplefone reserves a right at any time to change or terminate the Services, to change prices, special terms, effective T&C, the content of its website and all other contractual provisions, proposals, documents etc., related to the Services and Products. The Client shall be notified about amended T&C, increase or reduction of the Services’ prices by email or registered mail, not later than 1 (one) month in advance; at the same time the Client shall be notified of his right to terminate the Agreement prematurely without any penalties if the new conditions of the Agreement or prices of the Services are not acceptable for him. If the Client terminates the Agreement as indicated in this subparagraph, Peoplefone may not impose penalties to the Client for the premature termination of the Agreement.

 

5.2.  In cases indicated in subparagraph 5.1. of these T&C the Client has a right to terminate the use of the Services and contractual relations by notifying 5 (five) working days in advance. If the Client does not submit notification of termination of the Agreement it shall be deemed that the Client accepts new conditions etc. which shall be applicable in respect of the Client as of the day of notification to the Client or announcing on the website of Peoplefone or by other means of communication which are deemed by Peoplefone as sufficient.

 

5.3. If VAT, customs duties or other applicable taxes are being amended in any country, Peoplefone has a right to adjust its rates respectively by notifying this according to the procedure established in subparagraph 5.1. of these T&C. This may not be treated as a basis for terminating the agreement.

 

7.1. Peoplefone shall take all reasonable measures in order to ensure quality and reliability of the Services provided. However, Peoplefone may not guarantee that there will be any functional derangements or disruptions, that the Services will be available without interruption, as well as Peoplefone may not ensure connection at a particular time or of a particular capacity. Furthermore, Peoplefone reserves a right to carry out maintenance works, which may influence the availability of the Services.

 

7.2. If Peoplefone would be recognized liable for damage arising out of the provision of the Services or sales of the Product, Peoplefone shall cover only direct losses. The burden of proof falls on the Client except for cases where the legal acts provide otherwise. In any event, Peoplefone shall not be liable for damage, costs etc. incurred due to a negligence of Peoplefone.

 

The amount refundable to the Client, agreed between the Parties or the amount to be compensated as established by competent authorities (compensation) is included in the Client’s Peoplefone account or if the Client terminates the agreement the amount shall be transferred to the Client’s indicated account in a credit institution (a bank) operating in Lithuania.

 

7.3. In no event, Peoplefone shall be liable for losses, loss of profits and lost data or other damage arising due to derangements or disruptions of the Services. Peoplefone may not be held liable for any damage, loss etc. caused by the Client in violating these T&C.

 

7.4. Peoplefone shall not be held liable and to have violated T&C if the Services will not be provided and (or) Products will not be sold in full extent or partially, or in respect of any other action due to force majeure circumstances. Force majeure circumstances shall mean circumstances which were beyond control of Peoplefone or its partners, subcontractors, services providers, suppliers etc., including but not limited to natural disasters (fire, explosions, flooding, earthquakes, avalanches etc.), military actions and disturbance (announced and non-announced), sabotage, terrorism, vandalism, incidents, acts of government, restrictions, prohibition, strikes, electricity breakdown, viruses or hacker attacks etc.

 

7.5. Peoplefone gives no undertaking, accepts no liability and does not warrant that information made accessible over the internet will be accurate, complete, up to date, legal and proper, available or provided on time. Peoplefone will not refund any fees and accepts no liability for damage resulting from downloads.

 

7.6. Peoplefone shall not assume liability for damage caused due to non-authorized interventions of the Client to Peoplefone or telecommunication network of another third party or to technical equipment or network infrastructure of any other third party. Peoplefone shall not assume liability for damage resulting due to the wrong installation of equipment, use thereof or if the Client or a third party acting on behalf of the Client (whether expressly authorized by the Client or not) fails to perform instructions provided on the website, user’s manuals or other information of the Product.

 

7.7. Peoplefone shall not be held liable if the provision of the Services is temporarily terminated in whole or in part or is impossible due to reasons beyond Peoplefone control.

 

7.8. Peoplefone shall not be held liable for losses incurred by the Client due to hacking or SPAM. If it is hacked from the Client’s equipment or network, Peoplefone may immediately and without notification terminate provision of the Services and (or) performance of the contractual obligations in respect of the Client. Such Client shall be entirely liable for all damage, costs etc. incurred by Peoplefone due to such actions.

 

7.9. Peoplefone will not transfer any information of the Client to any third party, except for cases where Peoplefone is obligated to do so under the legal acts or a court’s decision.

 

8.1. These conditions shall exclusively apply for orders and delivery of Products. Peoplefone shall not accept, either directly or indirectly, any conditions raised by the Client in respect of the purchase of Products.

 

8.2. The Client may submit orders in writing, by email or on the website of Peoplefone. Information necessary in order to submit the order properly is published on the website of Peoplefone. Having received filled order of the Client Peoplefone sends the order confirmation to the Client by email or in writing, at Peoplefone’s discretion. Sales-purchase agreement enters into force only after Peoplefone confirms the order. Prices of all products are published on the website of Peoplefone. Peoplefone reserves a right to change prices, to add or eliminate any Products from the list on its website. Such change shall not have an effect on orders, which have been already confirmed and accepted by Peoplefone.

 

8.3. The ordered Products will be delivered to the Client at the address indicated in the order, except cases when it is otherwise agreed. The delivery price is published on the website of Peoplefone. Delivery terms published on the website of Peoplefone are preliminary and not binding except where Peoplefone separately confirmed otherwise in a particular case.

 

8.4. If Peoplefone consents the Client may change the purchased Products to analogic products or return them in accordance with T&C within 14 calendar days provided that Products have not been used, they are not damaged and retained the appearance of the product. Peoplefone will refund to the Client the total price of the returned products to the Client’s bank account indicated in the return application or in the Registration database by deducting the administrative fee of 10 (ten) EUR. If the Product returned is used, damaged and (or) lost the appearance of the product, Peoplefone has a right at its discretion to reduce the refundable amount or to reject the return application of the Client.

 

8.5. Any claim or complaint of the Client regarding wrong or incomprehensive delivery of the ordered products shall be submitted in writing by registered mail. Such letter shall be submitted to Peoplefone within 14 calendar days as of the day the Products were received. If products have been delivered to the Client in the damaged packaging, Peoplefone shall be notified by email within 2 working days as the day the Products have been received.

 

8.6. Peoplefone is the reseller of products. Guarantees are provided by the producer. Peoplefone shall not provide any additional guarantees.

 

8.7. Paragraphs 1-7 and 10 of T&C shall apply to orders and delivery of the Products inasmuch as it is not regulated by section 8.

 

9.1. The Client may acquire Peoplefone phone numbers (hereinafter – Phone number) for exclusive use by paying the fee indicated on the website of Peoplefone.

 

9.2. The phone number is designed for exclusive use of the Client. The user’s fee for the phone number shall be paid in advance. Peoplefone ensures that Phone number is at the disposal of the Client at any time. The phone number remains the ownership of Peoplefone. If the Client decides to withdraw the Phone number the Client shall notify Peoplefone by agreeing that Peoplefone will not compensate to the Client the paid prepaid payment for the Phone number.

 

9.3. The Phone number of the Client may be transferred to Peoplefone within 5 (five) working days as of the day the application was received if the Client submits signed (and, if applicable, sealed with the company’s stamp) application. The Client is entitled to transfer his Phone number from Peoplefone free of charge to any other operator.

  

The law of the Republic of Lithuania shall apply to contractual relations of the Client and Peoplefone to which T&C apply. All disputes shall fall to the jurisdiction of Vilnius courts except where legal acts do not allow changing jurisdiction by agreement of the parties. Notwithstanding that, Peoplefone has a right to commence judicial process according to the place of the Client’s residence, legal seat or place of activity.

 

If any of provisions of this agreement and (or) T&C would be declared invalid or not applicable the parties shall deem other provision of the agreement and (or) T&C valid and applicable.

 

2018-05-24, Vilnius, Lithuania