uts | terms and conditions


Article 1: Definitions

"Chippie" is the (U)SIM Card provided by United Telecommunication Services N.V. (“UTS”/”Provider”)."Chippieland" are the territories which are part of 'Chippieland' as then described on the website ofProvider. It is understood that the territories which are part of 'Chippieland' can vary. At all times thecurrent description as described on the website of Provider will be leading.

Article 2: General

Your Chippie has a mobile phone number dedicated thereto and an account related to it which account,when activated by Provider for UTS prepaid mobile services, can be recharged and credited. The balanceon your account can then be used to prepay the elected prepaid mobile service(s). (For the prepaidmobile services UTS provides see www.uts.cw and/or visit one of our UTS Stores).UTS reserves the right to modify a mobile phone number in case of modifications of the nationalnumbering system or number allocation by governmental agencies, changes to the network or underother circumstances which require modifications of the numbering.Your Chippie may only be used in combination with the type of mobile device for which it is intended.Your Chippie has a registration number which enables UTS to register the technical properties and/orsettings thereof and UTS reserves the right to change the technical properties and/or settings of yourChippie.You as a customer are solely responsible to obtain a mobile device that will support the services aselected and activated by you.

Article 3: Chippie active/in-active/blocked/re-activate/expires

How to keep your Chippie active and prevent that your Chippie expires:(a) Recharge your Chippie and keep a minimum balance of ANG. 0,01 on your Chippie account(b) Recharge your Chippie account each time within sixty (60) calendar days after the last recharge,to avoid for your Chippie to become in-active. If your Chippie became in-active, this means that itis blocked for use of any outgoing services, but incoming services can be received, such asreceive calls and receive messages.If you fail to recharge your Chippie account within one hundred and twenty (120) calendar daysafter the date of your last recharge, your Chippie account will be blocked and you will not be ableto use any outgoing or incoming services. Re-activation of your Chippie account is possible forfree within one hundred and twenty (120) calendar days after the date of your last recharge byrecharging your Chippie. Thereafter, until one hundred and fifty (150) calendar days after the lastdate of recharge of your Chippie account, re-activation is solely possible at any of the UTS storesagainst payment of a reactivation fee.(c) If your Chippie is not recharged within one hundred and fifty (150) calendar days after the lastdate of recharge of your Chippie account, your Chippie will expire. In the event of expiration UTShas the right to re-issue the mobile phone number that was dedicated to the expired Chippie to athird party.

Article 4: Balance on prepaid account

Any and all balance on your pre-paid account will be lost and forfeited, if you fail to recharge your Chippieeach time within one hundred and twenty (120) calendar days after the date of your last recharge.

Article 5: Warranty

UTS warrants it will use its best efforts to provide the service(s) with as little disruption as possible. UTSdoes not warrant that the service(s) acquired are capable of transporting the speed and/or signal orotherwise actually providing the other technical qualities and specifications as requested by you ascustomer or by others, as this is dependent on the technical quality and specifications of UTS’ mobilenetwork connections and equipment.In the event you have purchased a mobile device from UTS (herein after “UTS Device”), the UTS Devicehas a limited warranty, being that UTS warrants that the UTS Device, excluding external battery and(U)SIM cards, will be free from defects in workmanship and materials for a period of three (3) months asof the date of purchase of the UTS Device (the "Warranty Period") unless another term is mandatoryrequired by law, which term will then be applicable. This limited warranty is not transferable.During the Warranty Period, if the UTS Device cannot be repaired, the UTS Device will be replaced,without charge by a new one which will be of same model and type. If repair is possible, which is solelyfor UTS to decide, UTS will temporarily provide for a (used) mobile device until the UTS Device isrepaired and returned. In the event of repair UTS may replace hardware of the UTS device or partsthereof by used hardware/hardware parts. If the UTS Device cannot be repaired and is replaced by a newdevice, which is at the sole discretion of UTS to decide, the Limited Warranty will become applicable forsuch new device and a warranty period of three months will be applicable as of the date you received thenew device from UTS. The Limited Warranty does not apply to normal wear and tear or if any componentof the UTS Device is opened or repaired by someone not authorized by UTS and does not cover repair orreplacement of any UTS Device hardware damaged by: misuse, moisture or liquids, proximity orexposure to heat, accident, abuse, neglect, misapplication, or defects due to repairs or modificationsmade by anyone other than UTS. This limited warranty does not cover physical damage to the surface ofthe UTS Device hardware, including cracks or scratches on the screen. This limited warranty also doesnot apply if the malfunction results from the use of the UTS Device hardware in conjunction withaccessories, products, services or ancillary or peripheral equipment not expressly approved or providedby UTS specifically for use with the particular model of the UTS Device, and where it is determined byUTS that such malfunction is not the fault of the UTS Device hardware itself. UTS shall not be responsiblefor data that may be damaged or lost at any time, including, without limitation data lost or damaged duringthe servicing of the UTS Device, or through the use of synchronization software. When making a warrantyclaim, customer must present the following to UTS within the Warranty Period: i) the UTS Device forwhich the claim is intended; ii) the original proof of purchase (in the event the UTS Device has beenpurchased at an UTS authorized seller the original proof of purchase must clearly indicate the name andaddress of the UTS authorized seller), the date and place of purchase, the product and the IMEI or otherserial number of the UTS Device. If customer fails to provide this within the Warranty Period, the warrantywill expire.

Article 6: Use

You as customer are responsible for all use made of the services, even if this is without your permission,consent or knowledge. In the event of robbery or loss of the mobile device, Chippie and/or related security codes or (assumption) of use against your will UTS cannot be held responsible nor liable forusage of your credit balance.Any use of the service(s) and/or product(s) or system(s) resources used to provide the services otherwisethan as intended thereto by UTS or any use of the service(s) and/or product(s) or system(s) resourcesused to provide the services disrupting the normal use of the service(s) and/or any system of UTS and/orof other customers of UTS, other users or suppliers is considered to be an abuse of the system resourcesand provides grounds for intervention, suspension and/or termination by UTS of the services provided.Modification, alteration, reverse engineering, de-compilation, disassembly or creation of derived worksbased on UTS’ proprietary information or software provided by UTS is an abuse of the service(s) andprovides grounds for intervention, suspension and/or termination by UTS. Customer will be liable and fullyresponsible towards UTS and will hold UTS harmless from any claims of third parties for costs anddamages of UTS due to abuse as described herein.In the event of data usage you are warned that the Internet is a world-wide network. As such, it containssites in countries around the world. The information available through the data service(s) may includeitems of an erotic, abusive or violent nature or other items not appropriate for viewing or possession byminors. UTS cannot and does not exercise any control over the information passing through its system,nor is it obliged to do so. It is therefore the duty of the customer, user and/or parent or guardian tosupervise the use of the service(s) and the Internet by minors and any responsibility and liability of UTS inthis regard whatsoever is excluded. The services are provided on best efforts basis- high quality highbandwidth networking services to the business community and private users. The following is consideredunacceptable usage of the service(s) a. It is not acceptable to use the service(s) and/or UTS’ network forillegal purposes. b. It is not acceptable to use the service(s) and/or UTS’ network to transmit threatening,by/in the community unacceptable or harassing materials. c. It is not acceptable to use the servicesand/or UTS’ network to interfere with or disrupt network users, services or equipment. Disruptions include,but are not limited to, distribution of unsolicited advertisement and using the network to makeunauthorized entry to any other machines accessible via UTS’ Internet connection. d. It is not acceptableto use the service(s) and/or UTS’ network for the purposes of transmitting "Chain Letters," "broadcasting"messages to third party's mailing lists or non-consenting individuals, nor any other type of use which mayor will result in congestion of the Internet or UTS's connecting networks, or which may or wouldsignificantly interfere with the connectivity of others. e. It is not acceptable to use the service(s) for voicecommunications and/or as a medium to facilitate voice communications unless agreed upon between youas customer and UTS in writing. f. It is not acceptable to use the service(s) and/or UTS’ network forillegitimate or illegal purposes. g. It is prohibited to: introduce viruses, worms, harmful code and/or Trojanhorses on UTS’ network; or use the service(s) or UTS’ network for spamming or flaming to hack orotherwise obtain unauthorized services; or to delete or alter author attributes or copyrights notice, unlessexpressly permitted in writing by UTS, the author or owner; or use the service(s) or UTS’ network otherthan for your private or own business use. The commercial exploitation, including the selling, distribution,leasing, or otherwise provisioning of the service(s) (in whole or in part) to third parties or of, data, voice orother services by you as customer by means of the service(s) or UTS’ network (other than throughacceptable use of the service(s) by you as customer) is therefore expressly prohibited, unless suchcommercial exploitation is expressly and specifically permitted and agreed upon in writing by UTS.Violations may result in termination of services and/or claims for costs and/or damages of UTS.The technical aspects of the network or the services may be modified by UTS in order to cope with timeand technology. Where possible, UTS shall try to carry out the modifications without affecting the userpossibilities of the customer and the mobile devices used. The network is serviced by or on behalf ofUTS. In order to service the network, UTS may (temporarily) discontinue (part) of the network. UTS willreduce this to a minimum and where required, network interferences will be timely published, unless itconcerns short or limited interruptions whereby general or specific publication cannot be required fromUTS. Interferences are investigated as soon as these are known to UTS and remedied to the best or their ability. The expenses to detect and correct the interference may be charged to you if it turns out theinterference is caused by devices used by you or due to actions of you contrarily to the terms in thisAgreement or applicable laws and regulations.

Article 7: Privacy

UTS processes information, including personal, traffic and location information about her customer in theprovision of its services. UTS does this with due regard of the applicable legislation and regulations withregard to protection of personal privacy. The procedure for processing this information about thecustomer and the protection of personal privacy is set down in UTS's Privacy statement as published onits internet site. This Privacy statement will be amended from time to time if new developments makesuch amendment necessary.

Article 8: Amendments

Provider reserves the right to amend these terms and conditions from time to time, including but notlimited to the scope of the service(s) in which event the amended terms and conditions shall beapplicable.