Rules on ALTEL Cellular Network Services

1. General
1.1. ALTEL Joint Stock Company (hereinafter referred to as ALTEL and/or the Operator) acting on the basis of the Articles of Association and in accordance with the State License issued to it by the Agency of the Republic of Kazakhstan on Informatization and Communication ABA No. 000358 dated April 13, 2004 (hereinafter the License), hereinafter referred to as the Operator, shall provide to the party that has signed the Subscription Agreement and hereinafter referred to as the Subscriber the ALTEL cellular network services (hereinafter the Network) as per these Rules on ALTEL Cellular Network Services.
1.2. These Rules regarding Use of ALTEL Cellular Network Services (hereinafter the Rules) have been developed in accordance with the current legislation governing the relations between the Subscriber and the Operator in respect of provision of cellular network services within the territory of the Republic of Kazakhstan and shall act as a public agreement.
1.3. For the purpose hereof, the following main terms are applied:
Subscriber means a legal entity or an individual using the cellular network services and that has entered into the Agreement on ALTEL Cellular Network Services. This Agreement can be made either directly in ALTEL JSC or through any agent, dealers or distributors for ALTEL JSC. If the consent is given for these Rules, the Subscriber shall sign an Application for Cellular Network Services or Registration Form depending on the type of connection chosen by him and such documents shall act as the Agreement.
Subscription Agreement (hereinafter the Agreement) means the Agreement on ALTEL Cellular Network Services made between the Subscriber and the Operator.
Subscriber's Number means a number assigned for the Subscriber upon entering into the Agreement, which enables him to connect to another Subscriber's Equipment and to identify the Subscriber in the Network.
Subscriber's Equipment means a technical device that creates electrical communication signals to transfer or to receive information over the radio channels and which is connected to the network.
Phone Card Activation means a procedure as a result of which the Subscriber's electronic account is replenished with the amount specified on the phone card converted in accordance with the internal rate on the date of phone card activation.
R-UIM card (Removable User Identity Module) means an identification module of the Subscriber that contains required operating data for the mobile phone to work within the CDMA standard cellular network.
Access to the Operator's cellular network means a capacity to use the cellular network to receive cellular telephony services.
Service Rate Unit means a unit of measurement for the cost of services that shall be paid by the Subscriber and is defined by the Operator in accordance with the chosen rate system.
Operator's Coverage Area means a territory within which the Operator provides its cellular network services in accordance with the license and technical capacities.
Network Operator means a communication entity that holds a license for cellular network services issued by the authorized body of the Republic of Kazakhstan (hereinafter the Operator's License) and that provides these services on the basis of the agreements.
Phone card validity period (for prepaid settlement system) is a period of time starting from the date of phone card activation during which the Subscriber is entitled to use the cellular network services. Upon termination of the phone card validity period, if the Subscriber has not activated another phone card, he will be unable to use the telecommunication services. Some pricing plans might have a period of validity different from that specified on the phone card (as stated in the price list).

Provision of Services means performance of works by the Operator in respect of provision of a Subscriber’s Number to the Subscriber and connection to the cellular network.
Radiotelephone connection means an establishment of radiotelephone connection between the Subscriber’s equipment and that of network users if at least one of them is the Network Subscriber and which enables them to exchange the information.
Roaming means utilization of cellular communication when the Subscriber is outside of his Network area but within the coverage area of another cellular network that has a respective agreement with the Operator.
Cellular Network means a complex of technical structures and equipment designed to establish connection with the help of means of commutation and radio signal transfer and acceptance equipment enabling to provide cellular network services to the Subscribers and with an access to the phone network of general use.
Rate system is a method of calculation of the service price for different types and packages of services.
Pricing Plan means a list of prices for a certain list of services.
Phone Card means a paper or plastic card specifying an amount (in which the telecommunication services can be provided to the Subscriber), period of validity, serial number and secret code covered with a protective layer.
Technical capacity to provide access to the cellular network means availability of numbers of subscription capacity and/or communication channels including radio channels taking into account assigned frequency resource.
Technical capacity to provide communication services means availability of operating technical means and structures for communication within the Operator’s coverage area required to provide the respective cellular communication services to the Subscriber.
Cellular communication services means a result of Operator’s activity aimed at providing access to the network including acceptance, processing and transfer of radio signals.
Electronic account means a personal account in the Operator’s automated settlement system containing information, in money equivalent, regarding Subscriber’s rights to receive communication services (hereinafter the Notional Amount).
Any supplementary services specified in the Subscriber’s pricing plan shall be provided on the basis of Subscriber’s application in writing and shall be paid as per the Operator’s rates.
All supplementary services activated by the Subscriber from the Subscriber’s Equipment keypad shall be paid from the time of their activation and are likened to the Subscriber’s application in writing.
Operator’s registered office is situated at: 050057 Republic of Kazakhstan, Almaty, 189 Zharokov str.
1.4 Cellular network services shall be provided on the basis of the Agreement made between the Operator and the Subscriber.
The Parties’ rights and liabilities under the Agreement may not be transferred to any other parties unless when done in the manner specified in the legislation, the Agreement and the Rules.
The Operator shall be entitled to contract other legal entities and individuals to perform its activities as specified by the current legislation of the Republic of Kazakhstan (hereinafter the RK).
1.5 The terms of the Rules are defined by the Operator at its own discretion in accordance with the current legislation of the RK, subordinate regulatory legal acts governing the terms of cellular network services provision and provisions of the Operator’s License.
Cellular network services shall be provided ensuring equal conditions for all Subscribers in accordance with the range of services and pricing plans chosen by the Subscriber.
1.6 The list of the main and supplementary cellular network services provided by the Operator to the Subscribers is defined by the License and technical capacities of the networks and communication devices owned by the Operator, with due regard to the provisions of the regulatory legal acts governing the terms of cellular network services, regulatory technical documents issued by the respective executive authority for telecommunication services, and shall be specified in the Operator’s price lists.
1.7 The Operator must keep confidential any radiotelephone communication and other messages transferred over the electric communication networks, as well as any data regarding it, except if this obligation is limited by the legislation of the RK.
1.8 The Subscriber’s Equipment shall be purchased by the Subscriber at his own expense, shall be his property and shall be of an adequate quality certified in accordance with the legal requirements of the Republic of Kazakhstan, and its operation shall be officially permitted within the territory of the Republic of Kazakhstan.

2. Procedure and Terms for Entering into Agreement
2.1. The Agreement between the Subscriber and the Operator is executed by completing the Application for Cellular Network Services or Registration Form depending on the chosen type of connection.
2.2. The Agreement shall be a public agreement.
2.3 ALTEL’s cellular network services are provided to all Subscribers on equal and accessible conditions given there is a technical capacity to provide access to the Operator’s network and technical capacity to provide cellular network services requested by the Subscriber. Upon any subsequent requests from the Subscriber, the Operator shall be entitled to deny its services if such Subscriber has debts in respect of the ALTEL’s cellular network services that have been provided by the Operator. Upon payment of the debt, the Subscriber will be provided the ALTEL’s cellular network services on general terms. If the Operator has grounds to believe that the Subscriber’s Equipment of a potential Subscriber is the one that has been lost by another Subscriber, the Operator shall reserve the right to suspend the Agreement making process until the evidences are received that such Subscriber’s Equipment has been purchased legally.
2.4 During performance of the ALTEL Cellular Network Services Agreement, the Operator shall maintain an electronic register with the information that has been provided by the Subscriber (official information about the Subscriber). The Subscriber shall hereby agree and raise no objections in respect of the Operator’s right to use any received official information about the Subscriber at its own discretion within the line of its business, including to forward such data to any authorized body, and no additional consent of the Subscriber shall be required for this. The official information includes Subscriber’s personal details or Subscriber’s details as a legal entity, his phone numbers, residence or registered address, Taxpayer’s Identification Number, email addresses, billing data and data regarding services provided to the Subscriber, information about Subscriber’s incoming and outgoing calls.
2.5. The Subscriber shall be entitled to terminate the Agreement unilaterally. In such case, the Subscriber shall pay all costs incurred by the Operator, including roaming, paid certificates and other debts identified later.
2.6. The Operator may terminate the Agreement unilaterally in the following events:
1) inability to perform its obligations (due to uncontrollable events, technical incapacity etc.)
2) issue of an act by any state or local authority which makes it impossible to perform its obligations, including, without limitations, withdrawal of the Operator’s License as specified in the legislation.
3) in any other events as stipulated in the Agreement and the Operator’s License.
2.7 When the Agreement is terminated unilaterally upon Subscriber’s initiative, the cost of connection of the Subscriber’s Equipment to the network, as well as the cost of phone cards that have been purchased but not yet activated by the Subscriber, will not be returned to the Subscriber. When the Agreement is terminated unilaterally upon Operator’s initiative, the Subscriber will be repaid his losses (except for lost profit) in accordance with the current legislation of the RK. Upon termination of the Agreement for any reason whatsoever, the Subscriber’s Equipment owned by the Subscriber will not be repurchased by the Operator, nor the price of it will be repaid to the Subscriber.
2.8. If change of the Subscriber occurs (including due to inheritance, transfer by way of gift of the Subscriber’s Equipment connected to the network, etc.), the Agreement with the previous Subscriber shall be terminated, and the Agreement on ALTEL Cellular Network Services, with due consideration hereof, with the new Subscriber will be made. Thereupon, the Operator shall be entitled to demand payment of all costs regarding change of database in respect of the Subscriber (in accordance with the current pricing plan) and payment of debt of the previous owner.

3. Obligations of the Operator
3.1. The Operator shall undertake:
1) to provide the Subscriber’s Number to be used by the Subscriber for the Agreement period of validity and to connect the Subscriber’s Equipment to the cellular network (to provide the RUIM-card to the Subscriber as defined) in accordance herewith;
2) to provide the Cellular Network Services to the Subscriber when he is within the coverage area of the Cellular Network as provided herein. The quality of the Cellular Network Services provided by the Operator within the cellular network area shall be in accordance with the standards and technical specifications in force in the RK;
3) to ensure for the Subscriber the possibility of twenty-four-hour free call to emergency and alert services;
4) to provide the Subscribers with complete and true information about the Cellular Network Services;
5) to take measures to solve any defects of the Cellular Network Services identified in the process of provision of such services;
6) to inform the Subscribers about significant failures of the cellular network and expected period of repairmen in accordance with the Operator’s procedures;
7) to arrange consulting for the Subscriber regarding use of the Cellular Network Services and payment for such services, as well as regarding quality of network;
8) to provide the Subscriber with the possibility to use the services provided by other cellular operators in foreign countries (roaming) if the Operator and such network operators have made an agreement and if such service is included in the chosen settlement method;
9) to issue a bill for the Subscriber in respect of the cellular network services with the details specified by him and to deliver such bill to the billing address specified in the Agreement (hereinafter the delivery address), if bill delivery service is included into the settlement method chosen by the Subscriber and ordered by the Subscriber, with the price of such service stated in the price lists.
3.2 The Operator shall be entitled:
1) to make amendments to the terms of the Agreement and the Rules by notifying the Subscriber (including by SMS or by posting respective information in the information Internet page or by publication of such information in the mass media or by any other means), and if within 30 (thirty) calendar days from the date such notification is received by the Subscriber or the date when such information is posted/published (whichever shall occur earlier) the Operator has not received a complete or partial refusal in writing from the Subscriber to accept such amendments, then amendments to the Agreement and the Rules will be considered as accepted;
2) to suspend access of the Subscriber’s Equipment to the network if the Subscriber has breached the terms hereof. The repeated access of the Subscriber’s Equipment to the network is made at the Operator’s rates after all breaches have been fully rectified, and in such case maintenance of the Subscriber’s Number cannot be guaranteed;
3) upon the Subscriber’s written consent, to transfer the information about subscribers to the credit bureaus in accordance with the current legislation of the Republic of Kazakhstan on Credit Bureaus;
4) at its own discretion, to assign the right of claim (collection) of overdue debt to any third parties without notifying the Subscriber;
5) if the Subscriber holds several units of Subscriber’s Equipment connected to the Network, to set off the funds received as payment for services for other Subscriber’s Equipment units, or to disconnect all Subscriber’s Equipment units when the Subscriber is in breach of the terms hereof with any single unit of the Subscriber’s Equipment;
6) to modify rates and/or restriction levels specified in the Cl. 6.3. hereof notifying the Subscriber thereof by publishing the information regarding change of rates and/or restriction levels at least 30 days before the new rates and/or restriction levels come into force; to modify the system, terms and payment periods if the competition environment at its market has changed by notifying the Subscriber at least 30 (thirty) calendar days before such modifications come into force.
7) if the amount of the bill delivered to the Subscriber regarding the provided services has not been received on the settlement account or at the Operator’s pay desk within 30 days after such bill is issued, the Operator shall be entitled to charge penalty at the rate of 0.1 per cent of the overdue amount for every day of delay;
8) to judicially recover the indebted amount;
3.3. The Operator shall not be liable:
1) if not stipulated otherwise in the Agreement, the Operator shall not be liable for any losses, damages, casualties, damage to health or death of the Subscriber, dissemination of confidential information and losses suffered in this regard, when using the Subscriber’s Equipment and the Services;
2) for any acts or omissions performed by the Subscriber by negligence or any other reasons which, if not for this clause, could result in making a claim against the Operator on any legal grounds;
3) for Subscriber’s expenses in regard of what the Subscriber believes to be an erroneous connection if such connection has been recorded by the Operator’s technical devices;
4) for interruption of equipment operation due to introduction of temporal prohibition to use radio frequencies by any authorized state bodies;
5) for any leakage of confidential information which is the information contained in the detailed bill if the Subscriber has chosen the Service that includes delivery of account information and detailed bills to the electronic address specified by the Subscriber.
3.4. The Operator’s liability amount shall not exceed the amount equal to the paid cost of connection, and no other amounts, including lost profits, losses, missed opportunities etc., may be claimed by the Subscriber on the ground of inability to receive the Services.

4. Obligations of the Subscriber
4.1. The Subscriber shall undertake:
1) to use the Subscriber’s Equipment of an adequate quality in accordance with the global standards and as per the current instruction regarding use of such equipment and with due consideration of special instructions and rules in force in certain zones (airport, airplane etc.) as well as restrictions in case of potential interference or hazardous situation (medical establishments, technical service stations, fuel storage and transfer sites, explosion operation sites etc.);
2) to pay the cellular network services in due time in accordance with the current settlement method, pricing plan and list of provided services as per the Agreement terms;
3) to provide the Operator with true information regarding personal details, communication delivery address, bank details, actual location, legal address and residence address, as well as any other data used for the purpose of the Agreement, to the extent in which the Operator shall require such data when entering into the Agreement. If the specified data are changed, then he shall immediately, but in any case within 5 (five) calendar days, provide the Operator with the new data in writing;
4) to not use the Subscriber’s Number for an unauthorized pass of traffic to the Operator’s network from any other communication networks, for lotteries, votes, competitions, quizzes, advertisements, polls and any other events that result in deterioration of performance of the network equipment and devices, without previous written consent of the Operator;
5) to not allow the right to use the Subscriber’s Equipment connected to the Network to any other persons on the basis of civil agreements, but only on the basis of a duly certified power of attorney. Use of the Subscriber’s Equipment by any other party shall not exempt the Subscriber from the responsibility to perform the conditions and to pay the services under the Agreement;
6) upon sale of the Subscriber’s Number, to re-register the Agreement for the new Subscriber;
7) to immediately notify the Operator, either orally or in writing, about damage (destruction), loss (stealing) of the Subscriber’s Equipment or Subscriber’s R-UIM card in order to ensure its voluntary blocking. Until the Operator blocks the lost equipment or R-UIM card, the Subscriber shall be responsible to pay the cellular network services.
8) to not disclose or transfer to third parties any codes provided to the Subscriber in order to use the Subscriber’s Number and Services. The operations performed automatically by using the code and confirmed by typing the code and recorded by the Operator’s equipment are considered to have been performed by the Subscriber and shall be paid at the Operator’s rates.
4.2 The Subscriber shall be entitled:
1) to use the cellular network for radiotelephone conversations, transfer of information permitted by the Operator, over the network by applying the technical methods in accordance herewith;
2) to demand necessary and true information about the Operator, its working hours and range of services provided by the Operator;
3) upon the Operator’s consent, to change the settlement method, pricing plan, range of provided services by notifying the Operator thereof in the manner specified by the Operator and in accordance with the Operator’s procedures.

5. Prices (Rates) of Service Provided by the Operator
5.1 The rates for all types of services shall be established by the Operator at its own discretion and shall be specified in the pricing plans published in the manner as per the Operator’s License.
5.2 The duration of radiotelephone connection shall be the length of period of time from the moment the Operator’s equipment identifies that the called party has replied until the Operator’s equipment identifies stop of radiotelephone connection by one of the parties. The Subscriber’s Equipment which answer signal is equaled to the answer of the called party includes:
1) modem or facsimile terminal operating in the automatic information receive mode;
2) any subscriber’s device equipped with the answering machine;
3) equipment with automatic CLIP;
4) another subscriber’s device ensuring (or imitating) capacity to exchange information when the called party is absent.
5.3 The Operator shall be entitled to determine the amount of service rate unit and payment for incomplete service rate unit. Metering of the duration of radiotelephone connection (with time pricing system) is performed in accordance with the service rate unit established by the Operator and is counted within such rate unit with round up.
5.4 Payment for radiotelephone connection services is made in accordance with the rates in force when the service is provided.

6. Settlements with the Subscriber in Respect of Telecommunication Services
6.1. Payments for the telecommunication services shall be performed in accordance with the Appendix to the Agreement, as per the chosen settlement method and type of connection specified in the Application for Cellular Network Services and in the Registration Form attached hereto.
6.2 The rates for cellular network services are defined in KZT, the national currency of the RK. All payments for the provided services shall be made in KZT, the national currency of the RK.
6.3. The Operator shall provide all types of services only if there are funds available on the Subscriber’s Electronic Account that are in excess of the minimum limit for the chosen type of connection as defined by the Operator.
6.4 If the balance on the Subscriber’s Electronic account is below the minimum, the Operator can suspend provision of services until the funds are credited to the Subscriber’s Electronic Account. If, despite the balance of the Electronic Account falling below the minimum level, the Subscriber for any reasons continues making calls using his Subscriber’s Equipment, the Subscriber shall be fully responsible for payment of such conversations, including roaming and other services provided by the Operator.

7. Claims against the Operator
7.1. In case of non-performance or undue performance of the obligations in respect of the cellular network services, the Subscriber shall be entitled to make claims against the Operator.
7.2 The claim shall be made in writing and shall be registered as defined by the Operator.
7.3 Claims regarding non-provision, untimely or inadequate provision of mobile communication services will be accepted within 6 months from the date of non-performance of the service or the date of untimely or inadequate provision of the service.
7.4. The Operator shall give a response in writing to the claims within 1 (one) month from the date of its registration by the Operator.

8. Liability of the Parties
8.1 The Operator shall be liable to the Subscriber for non-performance or undue performance of its contractual obligations, declared quality of cellular communication, breach of the terms of cellular communication services and terms of rectification of any defects, reliability of the information regarding mobile communication services and provider of such services in the manner and to the extent specified in the legislation and the Rules.
8.2 Any defects of the communication service shall be rectified by the Operator in accordance with the regulatory technical documents on operation of the operator’s cellular communication network.
8.3 Claims of the subscribers regarding reduction of communication services price due to untimely or inadequate provision of such services shall be satisfied within 15 days from the end date of the period determined for consideration of such claim (if, as a result of considering such claim, the Operator decides to satisfy it).
8.4 The Operator shall be exempted from any liability if it can prove that any non-performance or undue performance of its obligations has occurred due to uncontrollable circumstances (fire, natural disasters, military actions, orders of the state power and governance authorities etc.), due to non-performance of the obligations by other legal entities or individuals contracted by the Operator for performance of its operations, or breach of any provisions hereof by the Subscriber, as well as if the Subscriber voluntarily waives any claims he might have against the Operator.
8.5 In the event of non-performance or undue performance of its obligations as specified herein and in the Agreement, the Subscriber shall be liable to the Operator and shall indemnify the Operator all losses in full.
8.6 In the event of loss, stealing or other events that result in the Subscriber’s Equipment being unavailable to the Subscriber, the Subscriber shall be responsible to pay the cellular network services provided by the Operator in respect of use of such Subscriber’s Equipment until the Operator receives an application in writing regarding cease of services for such Subscriber’s Equipment from the Subscriber.
8.7 The Operator’s liability, if it arises due to material incompliance when providing the cellular network services through the Operator’s fault, including temporal deterioration of the communication services and (or) failure of the cellular network equipment, will not exceed the amount equal to the part of the monthly subscription fee in proportion to the period of actual non-provision of the Cellular Network Services by the Operator (for individual subscribers) or equal part of the cost of average-monthly traffic in proportion to the period of actual non-provision of the Cellular Network Services by the Operator (for legal entity subscribers). In any event, the Operator shall not be liable for any losses the Subscriber might suffer in the form of lost profit.

9. Other provisions
9.1. The cellular communication services provided by the Operator, due to natural conditions of radio wave propagation, can deteriorate, interrupt or have interferences when close to the buildings, in tunnels, in basements and other underground structures, due to local relief and development features, weather conditions and for other reasons.
9.2. The cellular communication services provided to the Subscriber, due to constructional peculiarities of the network, depends on the quality of equipment of local wire phone line operators, equipment of international and intercity network operators which cannot if beyond the Operator’s control.
9.3. All disputes and differences regarding provision of cellular network services shall be settled between the parties in accordance with the current legislation of the RK and these Rules. If the parties are unable to settle any dispute, such dispute will be referred to the courts at the Operator's location.
9.4. The Subscriber shall not receive any title to the Subscriber's Number assigned by the Operator. The Operator shall hold an exclusive right to change the Subscribers' Numbers at its own discretion, when necessary. The Operator, after the Agreement has been terminated, shall be entitled to handle such Subscriber's Number at its own discretion.
9.5. The issues not covered herein shall be governed by the current legislation of the RK.

Appendix No. 1
Cellular network services with advance settlement system
The cellular network services with advance settlement system (in the form of various pricing plans) constitute the services that are paid by the subscriber by way of advance payments for the cellular network services to his Electronic Account set up with the Operator, with subsequent debiting of funds from such account to pay for the provided cellular network services.
1. After the Agreement is signed, the Subscriber will be issued a bill to be paid, including payment in respect of connection of the Subscriber's Equipment to the Cellular Network (payment for RUIM card) and other payments in accordance with the list and scope of cellular network services chosen by the Subscriber, at the Operator's current rates. Such bill shall be paid by the Subscriber within three days after it has been issued. The Operator shall be entitled to deny any cellular network services to the Subscriber until such bill is paid and to deny delivery of Subscriber's Equipment.
2. The Subscriber shall make advance payment for the cellular network services (including the cost of airtime) in accordance with the chosen pricing plan within the scope of expected consumption of services. After the Agreement is made, the Subscriber shall make a primary advance payment as established in the Operator's current rates. Payment of services must be made before the Operator starts providing its cellular network services and not later than the moment when the amount available on the Subscriber's Electronic Account goes down to the minimum level. All payments shall be transferred by the Operator to the Subscriber's Electronic Account. When using the cellular network services, the Subscriber's Electronic Account will be automatically debited with corresponding amounts as per the chosen rates. The Operator will monthly issue to the Subscriber the sales bill for the services provided. If there is any debt as per the bill for the services provided, the Subscriber shall pay such bill within 30 days after it is issued.
3. The Subscriber shall be provided with an individual number of the Electronic Account for its replenishment (a special account for replenishment by advance payments with a unique number for the advance group of Subscribers' Numbers with a common balance) in the automated system used for settlements with the Subscriber. The Subscriber's payment documents shall state the amount and the individual number of the account for its replenishment (or number of the bill for the services provided) where the payment shall be made. The amount of the advance payment will be decided by the Subscriber at his own discretion based on the expected consumption of cellular network services and current rates offered by the Operator.
4. If the Subscriber pays several bills, the amount and number of each shall be stated in the payment document. Any funds received into the Operator's account without due performance of this provision, will not be credited to the Subscriber's Electronic Account until the respective order in writing is received from the Subscriber.
5. The payment date (crediting of funds to the Subscriber's Electronic Account) shall be the date when the funds are received into the Operator's settlement account and the date when the funds are paid at the Operator's pay desk.
6. The Subscriber can make a payment by buying a Phone Card (and upon its activation the Subscriber's Electronic Account will be credited with the amount of Subscriber's rights to receive communication services expressed in the form of an amount of money equal to the Phone Card nominal value).
If the Subscriber makes payment to the Operator or a person authorized by the Operator, the scope of Subscriber's rights to receive cellular network services equal to the paid amount of money shall be shown on the Subscriber's Electronic Account.
7. The bills for services provided to the Subscriber shall be delivered to the billing address (when the Subscriber has requested the bill delivery service). The bill delivery service shall be paid by the Subscriber in accordance with the Operator's current rates. If the Subscriber does not request the bill delivery service (for example, stating the Operator's office as the delivery address), the Subscriber shall be entitled to review the bill and to receive it in the Operator's offices. Non-receiving of any bill by the Subscriber shall not release it from the obligation to pay such bill. The issue date for bills will be decided by the Operator and will be communicated to the Subscriber upon making the Agreement.
8. If the amount available on the Subscriber's Electronic Account goes down to the minimum level, the Operator shall be entitled to suspend provision of communication services to the Subscriber until the advance payment is received to increase the Subscriber's Electronic Account to the level exceeding the minimum.
The Operator shall be entitled to not suspend provision of communication services and to allow, during a certain period of time, the Subscriber to use the communication services if the balance of the Electronic Account goes down below the minimum level.
If the Subscriber does not pay the bill within the period of time stipulated in the Cl.2 hereof, the Operator shall be entitled to suspend provision of communication services to the Subscriber until payment is made.
In this case, the payment date shall be the date when the funds are received to the Operator's settlement account or are paid at the Operator's pay desk.
9. If new advance payments (in the amount sufficient to renew provision of services) have not been made by the Subscriber within 180 days from the date of suspension, or within any other period stipulated by the Agreement, the Operator shall be entitled to disconnect the Subscriber's number from the network without preserving the Subscriber's right for its further use and to terminate the Agreement unilaterally and extrajudicially.
10. During temporal suspension of provision of services by the Operator, the subscription fee shall accrue in accordance with the Operator's current rates until the Subscriber's Number is disconnected from the network.
11. The balance on the Subscriber's Electronic Account shall be returned to the Subscriber only if the Agreement is terminated. The amount of such balance shall be defined by the Operator in accordance with its computations and shall be returned upon the Subscriber's application in writing within 30 days after the Operator has carried out all computations regarding cellular network services provided to the Subscriber in the currency of the Republic of Kazakhstan.
12. If no advance payment has been received to the Operator's account within 180 days from the day when provision of services is suspended, the Operator shall be entitled, if the Subscriber owes any amount to it, to take any measures stipulated by the legislation to recover the amount of non-performed obligations and losses from the Subscriber.
13. The Subscriber shall be entitled to receive information regarding the balance on his Electronic Account in accordance with the Operator's current procedures.
14. No interest shall accrue for the advance payments on the Electronic Account.


Appendix No. 2
Cellular network system with pre-paid settlement system
The cellular network services with pre-paid settlement system (in the form of different pricing plans) constitute the services paid by the Subscriber by buying the Phone card (upon its activation, the Subscriber's Electronic Account will be credited with the amount of Subscriber's rights to receive communication services expressed in the amount of money equal to the Phone Card nominal value) which the Subscriber can use within the specified period of time (Phone Card validity period). For certain pricing plans, the period of time during which the Subscriber can use the communication services can be different from that stated on the Phone Card and depends on the pricing plan terms.
1. Payment procedure for the cellular network services with prepaid settlement system is the following:
The Subscriber shall buy a Phone Card of a certain nominal value and activate it in accordance with the instruction given on it, whereupon the Subscriber's Electronic Account is credited with the equivalent of the price of rights to receive cellular network services equal to the Phone card nominal value at the date of card activation. Subscriber's Electronic account can be replenished by other methods if this is stipulated in the terms of Operator's services.
Each Phone Card (amount of rights to receive communication services) has a time parameter, i.e. a validity period specified in the Operator's price lists.
When the Phone Card is activated, the Subscriber acquires the right to receive cellular communication services in the amount defined on the basis of the Phone Card nominal value and cellular network rates, and for the period of time equal to the Phone Card validity period or in accordance with the pricing plan terms.
When using the cellular network services, a corresponding amount as per the chosen rates is automatically debited from the Subscriber's Electronic Account.
Information regarding available balance on the Electronic Account is provided to the Subscriber free of charge and as defined by the Operator.
When the Phone Card validity period expires or the Nominal Amount on the Electronic Account runs out, or if during 90 days in a row the Subscriber's Electronic Account has been neither credited nor debited (paid calls, SMS, data transfer sessions, etc.), the provision of services to the Subscriber will be terminated, including if it implies interruption of an unfinished call. The Operator shall be entitled to continue provision of communication services and to provide, during some period of time, a possibility to use communication services even if the Electronic Account balance goes below zero.
If the Phone Card has not been activated after making the Agreement or after provision of communication services is terminated or in any other case (including when provision of services is suspended upon the Subscriber's request), the Subscriber shall retain the right to renew the services within 180 days if another Phone Card is activated, whereupon the period of provision of services will be that of the new Phone Card validity period or pricing plan terms. If provision of services is suspended upon the Subscriber's request regarding damage (destruction) or loss (stealing) of the Subscriber's Equipment or R-UIM card, the Subscriber shall retain the terms and rates in force on the date when the services is suspended, given the pricing plan terms and Phone Card validity period are observed.
If the Subscriber makes payment to the Operator or any person authorized by the Operator, the scope of Subscriber's rights to receive cellular network services equal to the paid amount of money shall be shown on the Subscriber's Electronic Account. Such payment method shall be valid for all provisions hereof regarding replenishment of the Electronic Account with the help of the Phone Card, including the period of time during which the rights for cellular network services are in force (Phone Card validity period).
2. Balance available on the Subscriber's Electronic Account when the Agreement is terminated upon the Subscriber's initiative or by mutual consent of the parties, as well as when the Agreement validity expires, and the cost of purchased and non-activated Phone Cards, will not be returned to the Subscriber.
3. The Subscriber must, within 30 days from the day the additional services bill is issued, pay such bill (debt for the communication services, paid certificate of the third parties etc.) that cannot be paid from the Subscriber's Electronic Account. If the Subscriber fails to perform the obligations specified in this Clause, the Operator shall be entitled to accrue the penalty in the amount of 0.1 per cent of the amount of non-performed obligations for each day of delay and to recover such indebted amount in a judicial procedure.