Subscription Proposal for PRIVATE use
Contents
1. period unless notice of discontinuance of subscription is given in writing not later than 60 sixty days before the expiry date and the same shall occur at each expiry date Art 2 5 Modifications to Conditions and Telephone Plan ELSACOM reserves the right to modify the Contract at any time if required by laws regulations measures of competent authorities or by the absolute need of operational and or technical im provement of the Network The Customer will be informed in writing with the subsequent invoice or by other means The Customer has the right to terminate by written notice the Contract within 30 thirty days from the receipt of the modification notice otherwise the modifications will be deemed accepted by the Customer The termination will be effective from the date of receipt of the termination notice by ELSACOM Modifications shall not be applied to Service provided up to effectiveness of the termination Art 2 6 Modifications Requested by the Customer The Customer can request to modify the typology of Service and or the Telephone Plan as selected in the Subscription Proposal by submitting ELSACOM the duly completed relevant forms or other written request If the requested modification s is are consistent with the typology of Service and or with the Telephone Plans implemented by ELSACOM ELSACOM will accept the re quested modification s and will inform the Customer in writing specifying the date of effectiveness of the modification s2. ELSACOM guarantees the minimum standards set forth in the Customer Charter which forms an integral and essential part of the Conditions The Customer Charter is held within the Telecommunications Authority and the Customer can request copy of it at ELSACOM s offices ART 12 JURISDICTION Any dispute controversy or claim arising out or related to the Contract its performance and or interpretation shall be settled according to the non jurisdictional rules estabilished by the Italian Communication Authority according to Art 1 Par 11 Law 249 97 Signature Customer or Date Authorised Representative In accordance with Arts 1341 and 1342 of the Italian Civil Code declare to specifically approve the following clauses of the General Conditions of Contract for the Globalstar satellite tele communication Service provided by Elsacom Art 1 3 validity of the conditions Art 2 1 irrevocable subscription proposal Art 2 3 conditional acceptance Art 2 4 tacit renewal Art 2 5 modifications to conditions and telephone plan Art 2 6 modifications to the conditions for the provision of the service indicated in the proposal Art 3 1 SIM cards Art 3 2 telephone number Art 3 3 provision of service limitation of responsibility Art 3 5 modification and suspension of the service Art 3 6 force major Art 4 3 obligations in the event of loss theft or unauthorised use of the SIM Card Art 5 2 co
3. Roaming Charges for GSM Roaming incoming outgoing calls will be calculated according to the selected Telephone Plan on the basis of Roaming agreements between ELSACOM and the GSM operator whose network is used ART 6 PAYMENTS Art 6 1 Invoicing Fees and charges for the Service to be paid by the Customer shall be invoiced bimonthly The invoice shall be sent by mail and shall include in addition to other details required by laws and regulations in force the following invoice number date of issuance of invoice reference period and payment date breakdown of fees and charges in accordance to the selected Telephone Plan applicable duties and taxes provided for by laws and regulations in force the postal expenses for dispatching the invoice in accordance to the selected Telephone Plan any credit in favour of the Customer ELSACOM will make available to the Customer at ELSACOM offices the documentation regarding outgoing calls for a period of 12 twelve months from the last invoice dispatched ELSACOM upon Customer s request will specify in each invoice the breakdown of the invoiced calls in accordance to the conditions set forth in the selected Telephone Plan Art 6 2 Time and Method of Payments The Customer shall pay the invoiced amounts within the due date indicated in the invoice The payment shall be made by means of credit card as specified in the Subscription Proposal Invoices must be paid in full Partial pa
4. and will charge any relevant cost in the subsequent invoice The Customer shall be entitled to withdraw from this Contract according to Article 1469 bis n 13 of Italian Civil Code if the costs of the new type of Service are not known by the Customer and are not included in the Tariff Plan and if these costs are too high respect to the costs accepted by ELSACOM in the Proposal subscribed by the Customer ART 3 ELSACOM S OBLIGATIONS AND LIABILITIES Art 3 1 SIM Card PIN and PUK Codes ELSACOM will provide the Customer with one or more SIM Card on a loan for use basis the Customer may allow Other Users to use the SIM Card s under his her exclusive responsibility Upon delivery of the SIM Card ELSACOM shall confidentially notify the relative PIN and PUK Codes to the Customer who shall take the greatest care to keep them in strict confidence All the SIM Cards delivered to the Customer under the Contract shall remain ELSACOM s property Therefore upon termination for any reason of the Contract the Customer shall return ELSACOM the SIM Cards in his her possession The Customer can modify the PIN Code at any time by following the instructions contained in the Telephone user manual Repeatedly keying an incorrect PIN Code will block the SIM Card which will be unblocked by keying the correct PUK Code Repeatedly keying an incorrect PUK Code will render the SIM Card definitely unusable In this event if Customer wishes to replace the SIM Card shall pay EL
5. debt including acquisition of preliminary information to formation of the contract and execution of accountancy operations in accordance to obligations arising from the contractual relationship Statistical commercial marketing and promotional purposes connected to ELSACOM s activities such as market researches economic and statistical analyses commercial information marketing of ELSACOM s services delivery of advertising material updates regarding promotions and offers proffered by ELSACOM including promotions aiming to rewarding Customers Purposes connected to crime prevention and maintaining law and order ELSACOM further informs you that a personal data requested are necessary for formation and management of the contractual relationship b in order to fulfil the aforementioned contract and to provide Satellite Roaming and GSM Roaming services personal data provided by you may be communicated to national and international telecommunications operators c personal data provided by you may also be communicated to or access to them may be allowed to financial intermediaries factoring companies debt collection agencies and or companies in relation to the agreed forms and methods of payment d personal data provided by you may also be communicated with your specific consent to companies entities consortia and associations including ELSACOM s holding and subsidiary companies and companies under the remarkable influence
6. event of failure to pay the first invoice The Customer shall pay the Subscription Fee even in the above mentioned cases of suspension of the Service MODLO39 1 The Customer will be charged an indemnity for late payment equal to the prime rate increased of 4 on amounts not paid within the due date Art 6 4 Complaints Any complaint regarding the invoiced amounts must be sent to ELSACOM by whatever means and confirmation must be sent by registered letter within 45 forty five days of the date of issuance of the relevant invoice specifying disputed kind of fees charges and disputed amounts If no complaint is made in compliance with the foregoing invoices will be deemed accepted in full Within 90 ninety days of receipt of the complaint ELSACOM will send a written reply to the Customer Should ELSACOM consider the complaint to be well grounded disputed amounts will be deducted from amounts invoiced in the first invoice issued subsequently to ELSACOM s acceptance of the complaint ART 7 ASSIGNMENT OF THE CONTRACT The Customer may not assign the Contract nor assign his her rights nor delegate his her obligations arising from the Contract without ELSACOM s previous written consent ELSACOM has the right to assign its rights and delegate its obligations to third parties in whole or in part guaranteeing the assignee s fulfilment of the delegated obligations ART 8 SUSPENSION AND CANCELLATION OF THE CONTRACT Art 8 1 Cancellation of
7. invoice the Customer in accordance to Art 7 paragraph 2 of the above mentioned Decree and the Customer shall pay to ELSACOM the Connection Fee the Usage Charges and applicable duties and taxes In the event of termination the Customer shall at his her own expenses return the SIM Card to ELSACOM Via di Settebagni 390 00138 Rome as well as any other equipment dispatched to the Customer under the Contract Provisions regarding Customer s obligations to return the SIM Card and other equipment and to pay the Connection Fee and Usage Charges apply mutatis mutandis when the Contract is executed without ELSACOM and the Customer being simultaneously physically present in accordance to what provided by EC Directive 97 7 CE and by Art 1 letters a and d of the Italian Legislative Decree No 185 dated 22 May 1999 and when the Customer is a consumer in accordance to Art 1 letter b of the above mentioned Decree it being understood that anyway the Customer has the right to terminate the Contract as provided by Art 5 of the above mentioned Decree ART 9 GOVERNING LAW The construction interpretation and performance of the Contract and all transactions resulting therefrom shall be governed by the laws of Italy ART 10 NOTICES All notices to ELSACOM shall be addressed to the ELSACOM Customer Care Via di Settebagni 390 00138 Rome Italy ART 11 CUSTOMER CHARTER MINIMUM GUARANTEED SERVICE In providing the Customer with the Service
8. Customer must have been approved in compliance with FCC ETSI standard must be in perfect operating conditions and must not create disturbances to the Service In case of Customer s breach of one or more of these obligations ELSACOM shall not be responsible for any direct or indirect damage caused by such breaches and shall have the right to suspend the Service Art 4 2 Use Conservation and Non Transferability of the SIM Card and PIN and PUK codes The Customer shall safe keep and carefully use the SIM Card s The SIM Card s and respective PIN and PUK Codes are strictly personal and the Customer shall not transfer them to third parties Any manipulation such as duplication of technical identification codes embossed on the SIM Card as well as any tampering and using the SIM Card for fraudulent purposes are forbid den The Customer shall not use the Service for illegal purposes and or in an unauthorised manner and shall indemnify and hold ELSACOM harmless from any consequence deriving from any inten tional or unintentional violation of this obligation by the Customer and or by Other Users Art 4 3 Obligations in the Event of Loss Theft or Unauthorised Use of the SIM Card The Customer shall be responsible for the authorised or unauthorised use of the SIM Card by third parties including Other Users In the event of loss theft or suspected tampering of the SIM Card the Customer shall immediately inform ELSACOM BY MEAN OF FAX TO THE FOLLOWING FAX N
9. ELSACOM GENERAL CONDITIONS OF CONTRACT FOR GLOBALSTAR SATELLITE TELECOMMUNICATION SERVICE for Private Clients ART 1 SCOPE OF CONTRACT AND DEFINITIONS Art 1 1 Scope ELSACOM S p A ELSACOM is exclusive service network provider in Countries listed in Annex A Elsacom Serviced Territories of a telecommunication service based on the system and satellite network known as GLOBALSTAR the Network The provision of the Service by Elsacom is authorised by competent authorities under applicable laws and regulations in force As of the date of signature of the Subscription Proposal to which these General Conditions of Contract are attached all necessary licenses and or permits have not been yet granted in certain Elsacom Serviced Territories even though the Service is technically available in all of them Such Countries are marked in Annex A by an asterisk Through Satellite Roaming the Service can be accessed and used in the world wide Territories Globalstar Service Area as specified in Annex A These General Conditions of Contract Conditions regulate the relationship between the Customer and ELSACOM for the provision of the Globalstar Satellite Telecommunication Service Service which due to the particular technical characteristics of any satellite service may be influenced or impaired when the Telephone is located within a building or when there are external causes interference particular atmospheric condition
10. ELSACZM Subscription Proposal for PRIVATE use ELSACOM BASIC EEC Country Yes O No The undersigned as identified below wishes to subscribe to the Globalstar Satellite Telecommunication Service with Elsacom SPA according to the following telephone plane s and special conditions and on the basis of the General condition of Contract Annexes and any Special Conditions attached herewith which I declare to have read and accept Customer Ref N Personal Data Sex MO Name Surname F O Province Date of Birth Place of Birth Country Marital Tax Code N _ Status Single O Married O Other O Address Road etc ae N Town ZIP Country City Code Province Telephone No fixed network Holder Document ID Card O Pass O Driv Lic O Number Country of issue Address for Invoices Country Address Province Method of Payment Credit Card O Diners O Visa O CartaSi O MasterCard O No Expiry date Account Number Credit Card Holder e E Bank ABI Number CAB Number Tax exemptions Documents regarding tax exemption are attached O Yes O No declare O tobe O not to be taxable for Value Added Tax in one of the EU Member States Elsacom Agreement Cod Coupon No Description Special Conditions Code Total Quantity of SIM Cards Telephone ICCl Number s Services Subscribed o Voice o Asynchronous Data TELEPHONE PLAN ELSACOM BASIC Details of tariffs are specified in Annex B The Customer Signature MODL039 1
11. Republic Of Yugoslavia Serbia Kossovo and Montenegro Romania Slovak Republic Slovenia Sweden Switzerland Ukraine In Countries marked by the asterisk the License has not been ranted up to now even though the service is technically available With regard to Globalstar satellite service availability using Elsacom Sim card in other areas in the world you must contact our Customer Service or visit our web site www elsacom com ANNEX B TARIFF PROFILE ELSACOM BASIC All rates are in Euro and VAT excluded Monthly fee Call set up fee Outgoing voice data calls To See the Zone3 other stellt attached Country List Systems Incoming voice and data calls See the attached Country List 0 00 e e SOS Country list ee 12 of discount on outgoing satellite traffic starting from the 5th minute of Special discount the call Zone 1 Albania Austria Belarus Bosnia Herzegovina Bulgaria Croatia Cyprus Denmark Estonia ex Yugoslavia Serbia Montenegro Kossovo Finland Germany Greece Hungary Italy Latvia Liechtenstein Lithuania Macedonia Malta Moldova Norway Romania San Marino Slovakia Slovenia Sweden Switzerland Ukraine SMS outgoing 0 35 Zone 2 Andorra Anguilla Antigua amp Barbuda Aruba Azores Bahamas Barbados Belgium Bermuda British Virgin Islands Canada Cayman Islands Czech Republic Dominica Dominican Republic Faeroe Islands France Gibraltar G
12. SACOM the relevant replacement cost as set forth at the date of replacement Should the SIM Card be defective or unsuitable for use ELSACOM shall repair or replace the SIM Card free of charge provided that the defect or fault is not due to the Customer s unskilfulness negligence and or carelessness in using or storing the SIM Card In such case ELSACOM shall charge the replacement cost to the Customer However ELSACOM shall not be liable for any defect or fault of the SIM Card not notified by the Customer to ELSACOM within 12 twelve months from its delivery MODLO39 1 The Customer shall immediately return ELSACOM the SIM Card s upon receipt of ELSACOM s request should ELSACOM deem necessary modifying or replacing it for technical or operational reasons In such case ELSACOM shall modify or replace the SIM Card free of charge Art 3 2 Telephone Number Upon delivery of the SIM Card ELSACOM shall assign a telephone number to the Customer ELSACOM has the right to replace the assigned telephone number if requested by technical and or operational reasons ELSACOM shall notify the Customer the new telephone number with at least 90 ninety days previous written notice except in the event of force majeure ELSACOM shall provide the Customer with a free information service relative to the new telephone number for a period of 2 two months from the date on which it is put in use This information service may be extended for a further 2 two mo
13. UMBER 39 0863 497027 As soon as possible shall then send ELSACOM a written confirmation thereof enclosing a copy of the relative report made to competent authorities ELSACOM will deactivate the SIM Card upon receipt of the above mentioned notification Until the date of ELSACOM s receipt of the Customer s loss theft suspected tampering notification the Customer shall be responsible for any damage and cost deriving from unauthorised use of the lost stolen tampered SIM Card including fees related to calls generated or received by means of such SIM Card Notwithstanding the foregoing the Customer shall in any case make the regular and full payment of the Subscription Fee set forth in the Telephone Plan envisaged in Art 5 below as well as of the Government Concession Tax relative to the period of time elapsing between the deactivation of the theft lost tampered SIM Card and the delivery of the new SIM Card up to a maximum period of 30 thirty days Art 4 4 Modification of the Customer s Identification Data The Customer shall immediately notify ELSACOM in writing any change in his her identification data such as but not limited to changes in the data necessary to invoice the Customer All corre spondence will be sent by ELSACOM to the last address notified by the Customer ART 5 TELEPHONE PLAN AND PRICES OF THE SERVICE Art 5 1 Telephone Plan The prices of the Service to be paid by the Customer shall be calculated in compliance with t
14. acom Serviced Territories and of Globalstar Service Area must be requested at Elsacom Customer Care ELSACOM can be held responsible for malfunctions of Satellite Roaming and GSM Roaming only if such malfunctions are caused by ELSACOM and not by other partners operators of the Net work However in no case ELSACOM shall be liable for Service provided by means of Satellite Roaming and or GSM Roaming on an international basis ELSACOM shall not be liable for any failure of the Service due to i incorrect use of the Service by the Customer ii incorrect operation of the Telephone and or its accessories iii a malfunc tioning of the SIM Card or of the relative adapter when used in a not approved and or modified Telephone ELSACOM shall not be responsible for the contents and modalities of the communications and messages transmitted or received by the Customer and or the Other Users thorough the use of the Service Art 3 4 Customer Assistance ELSACOM shall provide assistance to its Customers through its Customer Care centre in order to improve the use of the Service and to allow the Customer to report any failure Art 3 5 Modification and Suspension of the Service ELSACOM reserves the right to modify the technical characteristics of the Service if requested by technical and or organisational reasons in the event of failures or extraordinary maintenance interventions In these cases ELSACOM will take all possible measures necessary to reduce any incon
15. and or by Art 2 5 these Conditions the Proposal and the Annexes regulate the contractual relationship between ELSACOM and the Customer and prevail over any other agreement in whatever form executed unless it has been explicitly approved in writing by ELSACOM The Special Conditions in case contained in the Annexes shall prevail on these General Conditions ART 2 FORMATION EXECUTION AND MODIFICATION OF THE CONTRACT Art 2 1 Irrevocable Subscription Proposal In order to conclude the Contract the Customer shall submit three originals of the Subscription Proposal Form to ELSACOM duly completed and signed In accordance to Art 1329 of the Italian Civil Code the Subscription Proposal is irrevocable for a period of 1 one month and it is binding from the date of Customer s signature Art 2 2 Identification The Customer shall provide proof of his her identity and of his her domicile residence and is responsible for the truthfulness of the information provided Representatives and or mandatory of the Customer signing the Contract on behalf of the Customer shall provide when requested proof of their powers Art 2 3 Refusal Conditional Acceptance Elsacom reserves the right to refuse the Subscription Proposal if the Customer signatory as applicable fails to provide adequate proof of his her identity of his ner domicile residence or if applicable of his her status as representative or mandatory of the Customer and relevant powers wa
16. blic Panama Papua N Guinea Paraguay Peru Philippines Qatar Reunion Island Russian Fed Rwanda Samoa Sao Tome Saudi Arabia Senegal Seychelles Si erra Leone Singapore Solomon Is Somalia South Africa Sri Lanka St Helena St Pierre St Vincent Sudan Suriname Swaziland Syrian Arab Rep Taiwan Tajikistan Tanzania Thailand Togo Tonga Tunisia Turkmenistan Tuvalu Turkey Uganda United Arab Emirates Uruguay Uzbekistan Vanuatu Venezuela Vietnam Wallis Isl Yemen Zaire Zambia Zimbabwe MODLO39 1 ELSACS BATE LLITE TEMPESTA ELT FLE COPY FOR THE CUSTOMER INFORMATION PROVIDED IN ACCORDANCE TO LAW NO 675 96 In accordance to Art 10 of Law 675 96 and its subsequent modifications and integration Law on protection of privacy of persons and of other subjects in personal data processing hereinafter referred to as Privacy Law ELSACOM hereby informs you that before during and after our Globalstar Satellite Telecommunication Service contractual relationship ELSACOM will process through consultation processing comparison interconnection communication dissemination and any other suitable mean of processing as defined in the Privacy Law personal data provided by you orally in writing or through electronic means exclusively for the following purposes Purposes strictly connected and instrumental to management of the contractual relationship and to the protection management and or assignment of your
17. charge such right 2 If following requests filed by the Customer pursuant to paragraph 1 letter c point 1 no personal data regarding the requesting Customer are found the Customer may be required to pay an amount as contribution to and not higher than expenses incurred by Elsacom in accordance to the method and within the limits set forth in the regulation envisaged in Article 33 paragraph 3 of the Privacy Law 3 The rights under paragraph 1 referring to personal data of deceased persons can be exercised by whoever may be interested in it 4 The Customer can by written instrument delegate or grant power of attorney to natural or legal persons or associations to exercise the rights set forth under paragraph 1 above 5 The regulations governing journalists professional secrecy apply limited to sources of information Customer Ref No CONSENT TO PROCESS PERSONAL DATA Dale nesennnniinaniai In relation to the information provided herein the undersigned X hereby declares and expressly Give his her consent to the processing through consultation processing comparison interconnection communication dissemination and any other suitable mean of processing as defined in the Privacy Law of his her personal data provided orally in writing or through electronic means before during and after the Elsacom Satellite Telecommunication Service contractual relationship such consent is limited to the processing aimed excl
18. d associations including ELSACOM s holding and subsidiary companies and companies under the remarkable influence of ELSACOM S p A according to Article 2359 paragraph 3 of the Italian Civil Code for purposes related to marketing and market research e Personal data provided by you will be processed without disclosing them to unauthorised third parties and in any event in compliance with the safety criteria set forth in the Privacy Law ELSACOM hereby informs you that the officer responsible for the processing of your personal data will be the pro tempore Head of ELSACOM s Information Services In respect of the processing of your personal data effected by Elsacom with registered offices in Via di Settebagni 390 Rome Italy you are entitled to exercise the rights set forth in Art 13 of the Privacy Law hereunder quoted in its entirety Article 13 Law No 675 96 Customer s Rights 1 In relation to processing of personal data the Customer has the right a To became aware of any processing of his her personal data by mean of free access to the Register envisaged under Article 31 paragraph 1 letter a of the Privacy Law b To be informed about what set forth in Article 7 paragraph 4 letters a b and h of the Privacy Law c To obtain without delay and at Elsacom s responsibility the following i confirmation regarding the existence or non existence of his her personal data including data not yet recorded and communica
19. he Telephone Plan selected by the Customer in the Subscription Proposal or subsequently agreed with ELSACOM according to the procedures set forth under Art 2 6 Any and all duties and taxes provided for under laws and regulations in force shall be on Customer s responsibility Art 5 2 Prices In consideration of the Services provided by ELSACOM the Customer shall pay the following prices the amount of which may differ according to the selected Telephone Plan a a one time Connection Fee for activation of the Service assignation of the telephone number and provision of the SIM Card b a monthly Subscription Fee c outgoing calls charges d incoming calls charges e Additional Services charges Calls to the police and public emergency services are free of charge except for any cost prices charged to ELSACOM by other national and international telecommunications operators for termi nating such calls to the nearest emergency call centre In the cases of technical emergencies and failure reporting calls to the special ELSACOM Customer Care number such calls shall be charged to the Customer at the prices set forth in the se lected Telephone Plan The amount of outgoing and incoming calls charges envisaged under letters c and d above will differ depending on whether calls are received and or made under ELSACOM Service area or under other Network operators Service area i e Satellite Roaming or under GSM operators service area i e GSM
20. losing them to unauthorised third parties and in any event in compliance with the safety criteria set forth in the Privacy Law The Customer or authorised representative the latter holding the relative power of attorney X In addition the undersigned O Gives his her consent Does not give his her consent to communicate disseminate his her personal data to companies entities consortia and associations including Elsacom s holding and subsidiary companies and companies under the remarkable influence of ELSACOM according to Article 2359 paragraph 3 of the Italian Civil Code for purposes related to marketing and market research The Customer or authorised representative the latter holding the relative power of attorney X MODLO39 1
21. n the Privacy Law The Customer or authorised representative the latter holding the relative power of attorney X In addition the undersigned O Gives his her consent Does not give his her consent to communicate disseminate his her personal data to companies entities consortia and associations including Elsacom s holding and subsidiary companies and companies under the remarkable influence of ELSACOM according to Article 2359 paragraph 3 of the Italian Civil Code for purposes related to marketing and market research The Customer or authorised representative the latter holding the relative power of attorney X MODLO39 1 ELSACS BATE LLITE TEMPESTA ELT FLE COPY FOR ELSACOM INFORMATION PROVIDED IN ACCORDANCE TO LAW NO 675 96 In accordance to Art 10 of Law 675 96 and its subsequent modifications and integration Law on protection of privacy of persons and of other subjects in personal data processing hereinafter referred to as Privacy Law ELSACOM hereby informs you that before during and after our Globalstar Satellite Telecommunication Service contractual relationship ELSACOM will process through consultation processing comparison interconnection communication dissemination and any other suitable mean of processing as defined in the Privacy Law personal data provided by you orally in writing or through electronic means exclusively for the following purposes Purposes strictly connected and i
22. ng the request can be renewed after not less than ninety 90 days except in case of justified grounds 2 cancellation transformation into an anonymous data or complete block of personal data processed in breach of laws including those data which are no longer necessary in relation to the purposes for which they was collected or subsequently processed 3 updating correction or should the Customer be interested in it integration of his her personal data 4 a statement confirming that activities carried out pursuant to points c 2 and c 3 above including their contents have been brought to the knowledge of those to whom such data had been communicated or disseminated save in case such activity results to be impossible or implies the use of excessive means if compared to the protected right d To object for lawful causes the processing in whole or in part of his her personal data even if relevant to the purposes for which such data has been collected e To object the processing in whole or in part of his her personal data for purposes of commercial information delivery of advertising or direct sales material of market research or of interactive commercial communications and to be informed by Elsacom no later than the moment in which such data are communicated or disseminated about the possibility of exercising without charge such right 2 If following requests filed by the Customer pursuant to paragraph 1 letter c point i no
23. nstrumental to management of the contractual relationship and to the protection management and or assignment of your debt including acquisition of preliminary information to formation of the contract and execution of accountancy operations in accordance to obligations arising from the contractual relationship Statistical commercial marketing and promotional purposes connected to ELSACOM s activities such as market researches economic and statistical analyses commercial information marketing of ELSACOM s services delivery of advertising material updates regarding promotions and offers proffered by ELSACOM including promotions aiming to rewarding Customers Purposes connected to crime prevention and maintaining law and order ELSACOM further informs you that a personal data requested are necessary for formation and management of the contractual relationship b in order to fulfil the aforementioned contract and to provide Satellite Roaming and GSM Roaming services personal data provided by you may be communicated to national and international telecommunications operators c personal data provided by you may also be communicated to or access to them may be allowed to financial intermediaries factoring companies debt collection agencies and or companies in relation to the agreed forms and methods of payment d personal data provided by you may also be communicated with your specific consent to companies entities consortia an
24. nths period upon the Customer s request ELSACOM shall charge to the Customer the extended information service at the price that will communicate to the Customer not later than the date on which the extended information service is requested The Customer has the right to request the replacement of the telephone number assigned to the SIM Card according to the procedure set forth in Art 2 6 Unless technical and or operational limits do not allow it ELSACOM shall replace the telephone number Also in this event ELSACOM will provide a free information service relative to the new telephone number for a period of 2 two months from the date on which it is put in use Upon the Customer s request this information service may be extended for a further 2 two months period ELSACOM shall charge to the Customer the extended information service at the price that will communicate to the Customer not later than the date on which the extended information service is requested ELSACOM will communicate the Customer s telephone number to third parties requesting it only if previously explicitly authorised by the Customer Art 3 3 Provision of Service Using the Service the Customer is able to make and receive telephone calls within Elsacom Serviced Territories specified in Annex A and through Satellite Roaming within Globalstar Service Area specified in Annex B subject to technical characteristics and limits of the Service envisaged in Art 1 1 Updates of Els
25. of ELSACOM S p A according to Article 2359 paragraph 3 of the Italian Civil Code for purposes related to marketing and market research e Personal data provided by you will be processed without disclosing them to unauthorized third parties and in any event in compliance with the safety criteria set forth in the Privacy Law ELSACOM hereby informs you that the officer responsible for the processing of your personal data will be the pro tempore Head of ELSACOM s Information Services In respect of the processing of your personal data effected by Elsacom with registered offices in Via di Settebagni 390 Rome Italy you are entitled to exercise the rights set forth in Art 13 of the Privacy Law hereunder quoted in its entirety Article 13 Law No 675 96 Customer s Rights 1 In relation to processing of personal data the Customer has the right a To became aware of any processing of his her personal data by mean of free access to the Register envisaged under Article 31 paragraph 1 letter a of the Privacy Law b To be informed about what set forth in Article 7 paragraph 4 letters a b and h of the Privacy Law c To obtain without delay and at Elsacom s responsibility the following 1 confirmation regarding the existence or non existence of his her personal data including data not yet recorded and communication in an intelligible format of such personal data of their source of the logic and purposes of their processi
26. personal data regarding the requesting Customer are found the Customer may be required to pay an amount as contribution to and not higher than expenses incurred by Elsacom in accordance to the method and within the limits set forth in the regulation envisaged in Article 33 paragraph 3 of the Privacy Law 3 The rights under paragraph 1 referring to personal data of deceased persons can be exercised by whoever may be interested in it 4 The Customer can by written instrument delegate or grant power of attorney to natural or legal persons or associations to exercise the rights set forth under paragraph 1 above 5 The regulations governing journalists professional secrecy apply limited to sources of information Customer Ref No CONSENT TO PROCESS PERSONAL DATA Dale cettieetietiiniesieteis In relation to the information provided herein the undersigned X hereby declares and expressly Gives his her consent to the processing through consultation processing comparison interconnection communication dissemination and any other suitable mean of processing as defined in the Privacy Law of his her personal data provided orally in writing or through electronic means before during and after the Elsacom Satellite Telecommunication Service contractual relationship such consent is limited to the processing aimed exclusively to the following purposes Purposes strictly connected and instrumental to management of the contrac
27. ption Contract to which these General Conditions are attached that the Customer must submit to Elsacom duly completed and signed by the Customer itself as specified in Art 2 1 SATELLITE ROAMING the procedure that as a result of agreements with the other satellite operators of the Network allows the Customer to access and use the Service in all the areas where such operators provide the Service The list of operators with whom those agreements have been executed and relative updates can be requested at ELSACOM Customer Care center The areas where it is possible to access and use the Service through Satellite Roaming is specified in Annex B Updates must be requested to Elsacom Customer Care center GSM ROAMING the procedure that as a result of agreements with GSM operators allows the Customer to access and use in Italy and or in other Countries the GSM services provided by such GSM operators The list of operators with whom those agreements have been executed and of Countries where it is possible to access the GSM services and relative updates can be requested at ELSACOM Customer Care center ADDITIONAL SERVICES the value added and auxiliary services provided by ELSACOM which if requested and or provided under the Contract are included in the definition of Service USER TERMINAL the handheld satellite radiotelephone that the Customer uses to access the Service Art 1 3 Validity of the Conditions Unless otherwise specified by law
28. renada Guadeloupe Haiti Iceland Ireland Jamaica Luxembourg Martinique Monaco Montserrat Netherlands Antilles Netherlands Poland Portugal Puerto Rico Spain St Barthelemy St Kitts amp Nevis St Lucia St Martin St Vincent amp Grenadines Trinidad amp Tobago Turks amp Caicos Islands United Kingdom United States Virgin Islands US Zone 3 Afghanistan Algeria American Samoa Angola Argentina Armenia Ascension Island Australia Azerbaijan Bahrain Bangladesh Belize Benin Bhutan Bolivia Botswana Brazil Brunei Burkina Burundi Cameroon Cape Verde ls Cent African Rep Chad Rep Chile China Colombia Comoros Isl Rep Congo Rep Cook Islands Costa Rica Cuba Djibouti Ecuador Egypt El Salvador Equatorial Guinea Eritrea Ethiopia Falkland Islands Faso Fiji French Guyana French Polynesia Gabon Gambia Georgia Ghana Greenland Guam Guatemala Guinea Pop Rep Guinea Bissau Guyana Honduras Hong Kong India Indonesia Iran Iraq Israel Ivory Coast Japan Jordan Kazakhstan Kenya Kiribati Korea North Korea South Kuwait Kyrgzhyzstan Laos Macao Lebanon Lesotho Liberia Libya Madagascar Malawi Malaysia Maldives Rep Mali Rep Marshall Is Mauritania Mauritius Mexico Micronesia Mongolia Pop Rep Morocco Mozambique Myan mar Namibia Nauru Nepal Nether Antilles New Caledonia New Zealand Nicaragua Niger Republic Nigeria Niue Norfolk Is Oman Pakistan Palau Repu
29. s in the past insolvent for any reason towards ELSACOM and or other distributors and or other Globalstar Service providers is not enabled to use the credit card of which has provided details in order to pay the Service is under protest or under enforcement proceeding has filed voluntary bankruptcy petition or is undergoing insolvency procedures Alternatively ELSACOM reserves the right to condition the acceptance of the Subscription Proposal i to restrictions on the use of the Service such as maximum limit of cost of calls ii to the receipt of appropriate guarantees and or suretyships iii to a specific payment method or iv in case of a Subscription Proposal submitted by a Customer who is insolvent with regard to a previ ous contract with ELSACOM to complete fulfilment of such previous contract s obligations Art 2 4 Acceptance Formation Effect and Duration of Contract The Subscription Proposal is deemed accepted by ELSACOM upon activation of the SIM Card following delivery of the SIM Card and assignation of the telephone number to the Customer Except as otherwise provided for withdrawal and cancellation in this Contract and except as otherwise provided in the Special Conditions applicable to this Contract the Contract shall be valid and binding between the Parties for a period of one year starting from the date of activation of the SIM Card Upon the expiry date the Contract shall be tacitly renewed for an additional one year
30. s or natural artificial obstacles which hamper satellite communication Art 1 2 Definitions The following definitions are applied to the Conditions and to the Subscription Proposal CUSTOMER the subject identified in the Subscription Proposal with whom the Subscription Contract is executed in accordance to Art 2 OTHER USERS all users of the Service other than the Customer who use the Service with the same SIM Card and with the Customer s approval such as for example employees of the Customer SIM CARD Subscriber Identity Module card which allows the use of the Service when inserted in the Telephone PIN CODE the Personal Identification Number associated with the Customer s SIM Card which must be keyed in the Telephone to access the Service except for emergency calls PUK CODE the personal code to unlock the SIM Card SUBSCRIPTION CONTRACT or CONTRACT the contract executed in accordance to Art 2 which includes the Conditions and the Subscription Proposal pursuant to which ELSACOM provides the Service to the Customer and or to Other Users IMEI the International Mobile Equipment Identifier number of the Telephone MSN the Telephone Serial Number TELEPHONE PLAN the document specifying all prices details for the Service and for any Additional Service as selected in the Subscription Proposal by the Customer among Telephone Plans implemented by ELSACOM SUBSCRIPTION PROPOSAL The proposal for the Subscri
31. sts Art 6 1 billing Art 6 2 time and method of payment Art 6 3 failure to pay bills Art 6 4 objections Art 7 transfer of the contract Art 8 1 Suspension and cancellation by ELSACOM Art 8 2 cancellation by the Customer Art 9 2 conciliation procedure Besides in case the undersigned has chosen the payment by Credit Card that is by direct debit in bank account declares to expressly approve the permanent debit procedures on credit card or RID procedure according to the conditions herein enclosed undertaking to communicate opportunely any change of data reported in this Proposal Signature Customer or Authorised Representative DOCUMENTATION TO BE SUBMITTED UPON CUSTOMER S SIGNATURE OF THE SUBSCRIPTION PROPOSAL e Photocopy of a valid identification document of the signatory of the Subscription Proposal Identity Card Driving License Passport e Photocopy of the crediti card when selected as Method of Payment Photocopies of documents must be legible MODLO39 1 ANNEX A ELSACOM SERVICED TERRITORIES AND GLOBALSTAR SERVICE AREA Updates must be requested to Elsacom Customer Service Elsacom is exclusive service network provider of Globalstar Service in the Countries listed below Albania Austria Belarus Bosnia Herzegovina Bulgaria Croatia Denmark Estonia Finland Germany Hungary Italy Latvia Lithuania Malta Moldova Norway Republic Of Macedonia
32. the Contract by ELSACOM In addition to the cases provided for under Art 6 3 above ELSACOM has the right to cancel the Contract giving the Customer a written notice by means of registered letter if the Customer is legal incapable insolvent towards ELSACOM under protest or under enforcement proceeding has filed voluntary bankruptcy petition or is undergoing insolvency procedures In the event of cancellation of the Contract the Customer shall return ELSACOM the SIM Card in the shortest possible time Art 8 2 Cancellation by the Customer The Customer has the right to terminate the Contract at any time giving ELSACOM 30 thirty days previous written notice by means of registered letter The termination will be effective after 30 thirty days of ELSACOM s receipt of the above mentioned registered letter Following such termination the Customer shall pay the Subscription Fee and incoming and outgoing calls charges up until the date on which the termination is effective If the Contract is executed outside business premises according to provisions of Art 1 of the Italian Legislative Decree No 50 dated 15 January 1992 the Customer when subject to provisions of the Decree has the right to terminate the Contract giving a written notice to ELSACOM by means of registered letter within 7 Seven days of the signature of the Subscription Proposal in accordance to provisions of the above mentioned Decree however ELSACOM shall have the right to
33. tion in an intelligible format of such personal data of their source of the logic and purposes of their processing the request can be renewed after not less than ninety 90 days except in case of justified grounds ii cancellation transformation into an anonymous data or complete block of personal data processed in breach of laws including those data which are no longer necessary in relation to the purposes for which they was collected or subsequently processed jii updating correction or should the Customer be interested in it integration of his her personal data iv a statement confirming that activities carried out pursuant to points c 2 and c 3 above including their contents have been brought to the knowledge of those to whom such data had been communicated or disseminated save in case such activity results to be impossible or implies the use of excessive means if compared to the protected right d To object for lawful causes the processing in whole or in part of his her personal data even if relevant to the purposes for which such data has been collected e To object the processing in whole or in part of his her personal data for purposes of commercial information delivery of advertising or direct sales material of market research or of interactive commercial communications and to be informed by Elsacom no later than the moment in which such data are communicated or disseminated about the possibility of exercising without
34. tual relationship and to the protection management and or assignment of his her debt including acquisition of preliminary information to formation of the contract and execution of accountancy operations in accordance to obligations arising from the contractual relationship Statistical commercial marketing and promotional purposes connected to ELSACOM s activities Such as market researches economic and statistical analyses commercial information marketing of ELSACOM s services delivery of advertising material updates regarding promotions and offers proffered by ELSACOM including promotions aiming to rewarding Customers Purposes connected to crime prevention and maintaining law and order se Agrees that his her personal data are necessary for the formation and the management of the contractual relationship se Gives his her consent to the communication of his her personal data to national and international operators in order to fulfil the Contract and to be provided with Satellite Roaming and GSM Roaming services e Gives his her consent to the communication of and to allow access to his her personal data to financial intermediaries factoring companies debt collecting companies and or agencies in relation to the agreed forms and methods of payment Agrees that his her personal data will be processed without disclosing them to unauthorized third parties and in any event in compliance with the safety criteria set forth i
35. usively to the following purposes Purposes strictly connected and instrumental to management of the contractual relationship and to the protection management and or assignment of his her debt including acquisition of preliminary information to formation of the contract and execution of accountancy operations in accordance to obligations arising from the contractual relationship Statistical commercial marketing and promotional purposes connected to ELSACOM s activities Such as market researches economic and statistical analyses commercial information marketing of ELSACOM s services delivery of advertising material updates regarding promotions and offers proffered by ELSACOM including promotions aiming to rewarding Customers Purposes connected to crime prevention and maintaining law and order Agrees that his her personal data are necessary for the formation and the management of the contractual relationship Gives his her consent to the communication of his her personal data to national and international operators in order to fulfil the Contract and to be provided with Satellite Roaming and GSM Roaming services se Gives his her consent to the communication of and to allow access to his her personal data to financial intermediaries factoring companies debt collecting companies and or agencies in relation to the agreed forms and methods of payment se Agrees that his her personal data will be processed without disc
36. venience and will inform the Customer about the duration of the Service suspension and about Service recovery times In the event of failures of the Network and or of the equipment used for the provision of the Service due to fortuitous events or force majeure as well as in the event of modifications and or ex traordinary maintenance interventions not planned and technically essential ELSACOM has the right to suspend the Service in whole or in part at any time even without prior notice to the Customer Art 3 6 Force Majeure ELSACOM shall not be liable towards the Customer for not fulfilment of its obligations arising from the Contract in case of force majeure events Force majeure events shall be considered those events beyond the reasonable control of ELSACOM such as but not limited to acts and or decisions of civil and or military authorities legal or regulatory restrictions acts of God lighting fires explosions riots wars strikes lack of power supply malfunction and or suspension and or interruption in the functioning of the satellite network etc In these cases as in case of fortuitous event ELSACOM shall not be held responsible for any loss or damage directly or indirectly deriving from the provision of Service such as any economic financial loss loss of profits gains and or business goodwill ART 4 OBLIGATIONS LIABILITIES AND RIGHTS OF THE CUSTOMER Art 4 1 Use of the Telephone Telephones and relevant accessories used by the
37. yment of invoices does not preclude ELSACOM from taking the remedies indicated in Art 6 3 Payment of the invoiced amounts by third parties on behalf of the Customer will not confer any right to such third parties towards ELSACOM Any special condition granted by ELSACOM is limited to the specific case and shall not be considered as a precedent or as a usance more favourable for the Customer Art 6 3 Failure to Pay Invoices If any invoice is not paid within 15 fifteen days from the due date indicated in the invoice ELSACOM shall have the right to partially suspend the Service preventing outgoing calls as well as Satellite and GSM Roaming with the exception of the emergency calls as per Art 5 2 paragraphs 2 and 3 If any invoice is not paid within 30 thirty days of the above mentioned suspension ELSACOM shall have the right to completely suspend the Service If any invoice is not paid within 45 forty five days of the due date ELSACOM has the right to unilaterally terminate the Contract in accordance to Art 1456 of the Italian Civil Code by sending a written termination notice to the Customer by means of registered letter with 10 days advance notice in addition to the termination right ELSACOM shall have the right to obtain the payment of the unpaid Service provided and to have back any equipment delivered to the Customer The above mentioned terms are reduced respectively to 7 seven days 15 fifteen days and 30 thirty days in the
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