Terms of the customer (service) contract
I. General Provision
Service contract shall have the following contents.
- Explanations of terms to be used in this contract;
- Language to be used;
- Information privacy;
- Rights and duties of service provider;
- Rights and duties of customer;
- Responsibilities and liabilities of the parties regards with payment;
- Terms and arrangement to temporarily suspend, amend, terminate or cancel the contract;
- How to make complaints and how to solve them; and
- Arrangement on how to solve the dispute.
II. Terms and arrangements to make the contract
Service provider shall provide any service based on contract.
- A party of the contract shall be the service provider while the other party shall be an individual, legal entity or a business entity.
- An application shall, under a form approved by the service provider, be made 2 copies before the service provider shall receive and record the application, of which one copy to be provided to the applicant and the other copy to be kept by the service provider. Service provider shall approve the arrangement to receive and record the application.
- Service provider shall not have a right to refuse to receive, record or consider the application.
- Individuals shall show the personal ID when making the application. In case of a representative of a legal entity, the person shall provide a proof document of his/her power and a copy of state registration certificate of the legal entity. A business holder (freelancer) shall provide the personal ID and a copy of state registration certificate.
- The contract signed by and between the service provider and individual shall be a personal contract, without certain deadline.
- Service provider may appoint the 3rd party to make contract and process the payment on behalf of itself.
III. Information required mandatory on the contract:
a) Place and date of the contract approval;
b) Name of the service provider
c) Bank account information of the service provider for payment
d) Information about the license issued to the service provider
e) Customer’s information:
- In case of individual: full name, date of birth, citizenship document (ID) information
- In case of legal entity: name and location of the entity,
f) Address to install the customer’s facility
g) Technical specification and interface of the customer’s facility
h) Written reference on whether to put customer data to the database
i) Type of service
j) Way to deliver service payment invoice, period and arrangement
k) Rights and duties of the parties
l) Service provider’s responsibility to release the customer from payment while the delay on service is being repaired.
m) Validity period of the contract
Duties of the service provider
a) To provide the service to the customer in accordance with laws and regulations of Mongolia, the license, contract and this procedure;
b) To repair the delay, damage and malfunction within the period stated on the contract;
c) If the tariff is to be changed, to provide information to the customer about the change through public media and customer service points at least 10 days before implementation of the change;
d) If the term to provide the service has been changed due to force majeure, the term shall be renewed by mutual agreement;
e) To inform the customer in advance about renewal or extension of the communication equipment and change or temporary suspension of the service dedication, according to the Law on Communications; and
f) To keep the communications service out of interruption except the cases stated in law and be accountable for any damages to the customer, if the damage occurs.
Duties of the customer
a) Pay the payments for service of the contract or other services stated to be provided on the contract within the term stated on the contract;
b) Not to connect equipment, which is not compliant with the general requirement, to the network;
c) To inform the service provider about the ownership change of the apartment where the customer resides, or the change of name or location of the organization at least 30 days prior to the change;
d) To keep the normal operation of line or equipment in room of, or under possession of the customer; and
e) To use the customer’s equipment in accordance with the guidance.
Rights of the customer
a) To refuse from the contract if the payment regards with the expense of service provider is invoiced to the customer while the service taken place;
b) To refuse to pay the payment, which is not stated in the contract or, or the payment of service, which is provided without permission of the customer, invoiced; and
c) To renew the service period through negotiation with the service provider, if the service provider noticed that the period is unable to be completed due to force majeure before its deadline.
Payment calculation and tariff approval of the service
a) The service payment shall be calculated based on the usage time or transferred or received data.
b) Service provider has no right to force to provide other service to the customer with different tariff than the one that is announced to the public.
c) The service tariff shall be calculated by the unit approved by the service provider, unless it’s been stated differently on law or regulation.
d) Service provider shall approve the tariff of service, especially for the service provided, which is less than a unit (not filled the unit period), unless it’s stated differently on law or regulation.
e) Tariff can be set with different methods, such as holidays, by days, by data amount transferred/received, by the distance etc.
f) Customer may pay the payment as pre-payment or post-payment and shall have a right to get back the unused balance of prepaid payment. Service provider is obliged to give that payment back.
Invoice of the service payment
a) The period to calculate the payment shall not exceed 7 days after the period for the payment finishes.
b) The period to pay the payment shall not exceed 15 days after the date of invoice for the payment of service provided during that period.
c) The following information shall be stated mandatory on the payment document of the customer, which includes:
- Information about the service provider
- Information about the customer
- Period the invoiced payment is for
- Date of the payment invoice
- Period to pay the payment
- Percentage of penalty