1. Service Supplier
“DA” PHONE BRAND S.R.L., hereinafter referred to as "Da Phone", is a Romanian company, headquarterd in Bucharest, 16, Matei Basarab Str., 2nd floor, 3rd Dictrict, registered with the Bucharest Trade Register under the no. J40/12707/2007, CUI RO 22039788, providing electronic communication services.
2. Scope
2.1. These General Terms and Conditions hereafter referred to as the "Conditions", govern the relationship between DA Phone and the customer. These Conditions apply to all services provided by DA Phone. In any event, the valid and applicable Conditions are deemed to be accepted when the customer pay and/or uses the services offered by Da Phone.
2.2. The binding version of the Conditions, along with any applicable Special Conditions, is published on the internet at http://www.daphone.ro. DA Phone reserves the right to change the Conditions and other contractual provisions at any time.
3. Service description
3.1. DA Phone offers a global roaming service, which enables the customer to make and receive voice calls, send and receive text messages and access packet and WAP data in countries that are included within DA Phone's roaming partner alliance. DA Phone also provides voicemail services which can be activated and deactivated from the web page. The tariffs to listen to the voicemail messages are (i) free, if the voicemail messages are received by email and (ii) as per the tariff published on the site, if the voicemail messages are listened by calls to the voicemail.
3.2. The roaming services that are available to the customer are dependent on the telecom network the customer has access to, the specific device owned as well as the plan the customer is signed up to. For more information on where the customer can roam and what services the customer has access to please check the site at http://www.daphone.ro/ro/dasim.
3.3. If the customer travels through the service range of a network not supported by the DA Phone roaming, the customer will not have access to the roaming services.
3.4. Calls to emergency services (112) are not supported.
3.5. DA Phone provides Customer Care Services every working day between 9:00 - 22:00 hours at 004.031.710.20.70. While the Customer Care Services are providing free of charge by DA Phone, the calls to the Customer Care number are charged at the tariffs fixed by the respective operator used by the Customer to call the Customer Care number.
3.6. The Customer hereby declares that he was informed in respect of the details requested by art. 7(3) of the ANC Decision 77/2009.
4. Prices
4.1. The current and binding prices and SIM Plans are published on the internet at http://www.daphone.ro and may be obtained at any time directly from DA Phone.
4.2. Prices are subject to modification at any time without prior notice. It is the customer’s responsibility to obtain any information before using the service. DA Phone does not make any guarantee for the typographic correctness of the prices published on the homepage. In case of an error in the pricing or product information, DA Phone reserves the right to cancel the order of the customer by giving the respective information.
5. Obligation to register
The customer is obliged at the time of purchase of the SIM card, to sign up for a DA Phone account by providing the required information such as, but not limited to name, surname, e-mail, country of residence, telephone number.
6. SIM card and account balance
6.1. The SIM card contains an initial amount which is credited to the relevant account or phone number. The account balance may be increased at any time by bank transfer, debit/credit card or by courier.
6.2. In respect of the account balance, DA Phone’s accounting system is deemed to be correct.
6.3. When the account balance is insufficient, the SIM card may no longer be used. No refund is made as against any credit on the account during the term of the agreement.
6.4. DA Phone has the right to cancel or change any phone number without compensation, when same is required for operational or technical reasons or as a result of regulations. Further details are included in the user guide provided at the time of purchase of the SIM card.
6.5. The payment of the purchase amount as well as the increase of the prepaid-account of the customer using debit / credit card is subject to the agreement of the bank, which has issued the debit / credit card. DA Phone is not liable in such cases, where the bank refuses to accept the debit / credit card. DA Phone protects the details of the order and payment of the customer with all expected care. In case where a third party manages to get unauthorized access to the data, DA Phone assumes no liability.
7. Caller ID
In principle, the caller’s number will be displayed to the called party. DA Phone’s service allows this display to be withheld. It shall however be noted that in some cases, the display or its withholding may not be ensured for technical or legal reasons, particularly for calls from or to a third-party network or for SMS.
8. Telephone abuse
The customer is responsible for the content of information which he transmits via, or processed by DA Phone. The customer is responsible for using his mobile line in compliance with all legal and contractual provisions. DA Phone’s service shall not be used for criminal activities or offences. Reselling of services to third party by a customer shall be considered as abuse. Reselling by a customer is subject to the written approval of DA Phone. Such approval may be refused without any reason being given. In the event of justified indications of unlawful use of a mobile line, or if such use is reported to a competent authority, DA Phone may instruct the customer to use the mobile line in compliance with all legal and contractual provisions, suspend the provision of service, and/or invalidate the SIM card without notice and compensation.
9. Possible interference with medical equipment
The electromagnetic fields generated by a mobile phone may interfere with the correct functioning of other equipment, such as hearing aids or pacemakers. To prevent such interferences, the manufacturers’ safety measures should be observed. The customer is responsible for obtaining information on prohibited and restricted use and for obeying such rules.
10. Deactivation
If the SIM card is not used (i.e. no incoming or outgoing calls) during a certain period of time, the card may be deactivated without prior notice. Any remaining credit as well as the phone number shall be lost without compensation.
11. Maintenance
DA Phone reserves the right to service its equipment at any time, which may result in temporary disruptions.
12. Customer’s obligations
The customer is under the obligation to use the services provided in accordance with the contract and the law. The Customer shall, upon the submission of his application for registration, pay in advance for DA Phone’s services based on proforma invoice. After the purchase is confirmed, DA Phone shall issue the invoice.
13. Cancellation
13.1. The written service cancellations requests are to be addressed to:
“DA” PHONE BRAND S.R.L.
16, Matei Basarab Str., 2nd floor,
3rd District, Bucharest
Romania
13.2. The cancellation period is 30 days from the date of the receipt of the notice. In case of cancelation of the service the outstanding credit is not refundable.
13.3. Upon termination of the contract, the customer has the obligation to return the SIM card.
14. Data protection and confidentiality
14.1. DA Phone undertakes to process customer data with care and to comply with the provisions of the prevailing regulations. DA Phone only collects, stores and processes the data required for the provision, design and development of the service, for handling and maintaining customer relations, operational reliability and infrastructure, and for invoicing and marketing purposes.
14.2. If DA Phone provides services jointly with a third party, in particular calls to networks of other service providers, or if the customer receives services from third parties via the DA Phone network, DA Phone may exchange the customer’s data with such party insofar as such information is necessary for the provision or execution of these services.
14.3. The customers have the following rights related to the use of the personal data: (i) the right of information, (ii) the right to access the data, (iii) to right to intervene on the data, (iv) the right to opposition, (v) the right to not be impacted by an individual decision as well as (vi) the right to address to the court or to the regulatory authority.
15. Intellectual property rights
For the duration of the contractual relationship, DA Phone grants the customer a non-transferable and non-exclusive right to use the services and products provided by DA Phone in accordance with these Conditions. DA Phone or the licensor retains all the rights to the related intellectual property rights.
16. Liabilities
16.1. DA Phone is liable for damages caused on purpose or with gross negligence. On no account DA Phone is liable for consequential damages, profit losses and data losses. DA Phone is also not liable for the damages caused by the use of its services or products against the law or the contract. The total liability of DA Phone cannot exceed the value of the respective service. No representations or guarantees are made in respect of availability, quality, operation or support for voice or data communication on third-party equipment or with third-party services. As roaming involves services provided by networks other than that of DA Phone, DA Phone will not be responsible for the way in which any external carrier provides or fails to provide any service (including disconnection, lack of coverage or the performance of that carrier's network).DA Phone shall make every effort to provide a high level of availability for its services. However, DA Phone is unable to guarantee continuous, fault-free operation of its services or certain transmission times or capacities.
16.2. The customer acknowledges and agrees that there is no warranty for the SIM Card and DA Phone shall not be under any obligation to replace or compensate the customer for any lost, stolen, damaged, faulty or cloned SIM Card or for any cost or expenses incurred by the Customer resulting therefrom. The customer is in any event responsible for the use of his connection, the use of passwords, in particular also for dialing premium numbers with increased charges and rates as well as for any use by a third party. Furthermore the customer is responsible for the end device used, in particular in respect of its compliance with the law, its suitability for use and its compatibility with the services and networks used. The customer shall immediately inform DA Phone of any unauthorized use.
17. Assignment
17.1. The customer may transfer this contract to third parties only with the prior written consent of DA Phone.
17.2. DA Phone is entitled to transfer this contract to third parties the customer's consent being considered given based on these Conditions.
18. Choice of law and jurisdiction
This contractual relationship shall be subject to the application of Romanian law. The exclusive place of jurisdiction for all disputes arising out of or in connection with this agreement shall be Bucharest.
DA Phone Terms and Conditions DA Sim / 24.10.2011