Common use of The Operator Clause in Contracts

The Operator. 3.1.1. May charge fees for the third party services provided through the Operator’s network. 3.1.2. When providing the Roaming service to the Subscriber, may set up the Roaming disconnection threshold. When using the Roaming service, the Subscriber is charged for both outbound and inbound connections as well as other services, including Call Divert. The Subscriber pays for the Services consumed in accordance with the terms of this Agreement and the terms of roaming services. Upon the Subscriber’s arrival in the country of the roaming partner, Operator sends a message to the Subscriber informing the latter that he/she may have outstanding charges due to absence of the real time billing system. 3.1.3. May record calls received by the Operator’s Call Center service in the manner stipulated in legislation of the Republic of Kazakhstan, as well as unilaterally limit the Subscriber’s access to the call center operator should the Subscriber repeatedly contact Call Center on matters not related to Operator’s activity and/or should he/she violate ethical norms. 3.1.4. Should the Subscriber fail to comply with the payment terms hereunder, may use any available method to contact the Subscriber and/or User of the Subscriber number and demand repayment of the debt, or engage third parties to collect the overdue payment. Such being the case, the Subscriber agrees that the Operator may disclose any Subscriber-related information to such third parties, including the cost of Services provided to the Subscriber, amount of debt, as well as documents confirming the existence of the debt and any other information including personal data as may be required for debt collection. 3.1.5. May fully stop, suspend or limit access to the Services in respect of any Subscriber number used by the Subscriber without prior notice in the following cases: 1) There are insufficient funds in the Subscriber’s Personal account to cover the cost of the Services (for prepaid subscribers), or the Subscriber fails to pay the xxxx (postpaid subscriber) during the Payment period, or he/she has exceeded the credit limit calculated in accordance with the Operator’s procedures; 2) It has become known that the Subscriber identification card, Subscriber terminal, M2M device or Services are used by an unauthorized person, or they are misused or used for criminal purposes; 3) The Subscriber infringes the terms and conditions of this Agreement or makes false calls to the emergency services, or makes calls/sends messages to other Subscriber / phone numbers or takes other wrongful acts; 4) It has become known that the Services have been received with the use of a stolen Subscriber identification card, top-up card, or as the result of cracking of identification or other code, or any other fraudulent acts or as a result of use of an invalid Subscriber identification card or top-up card; 5) The Subscriber has notified the Operator that his/her Subscriber terminal is lost or stolen; 6) The Subscriber takes actions which, in the Operator’s reasonable opinion, may cause damage to its network, including but not limited to violation of the fare use principles specified in Appendix 1 hereto; 7) If the Subscriber acts in breach of the provisions contained in par. 3.2.5-3.2.7, 3.2.11 hereof and Appendix 1 hereto; 8) If the Subscriber fails to comply with the requirements set by the rules of mobile device registration; 9) The Subscriber provides false information and/or transfers the Subscriber identification card to a third party for use without re-registration; 10) On other grounds stipulated by the legislation of the Republic of Kazakhstan. 3.1.6. May either credit any excessive amounts paid by the Subscriber to his/her mobile account as advance payment for future use of Operator’s or third party Services, including Mobile Financial Services, or return such amounts to the Subscriber at his/her request. 3.1.7. Has the right to withdraw funds received as a result of unauthorized or misspent payment from Subscriber’s account based on the Operator’s audit results. 3.1.8. May conduct promotions, drawings and other marketing events in order to increase the sales of Services, strengthen customer loyalty, attract new Subscribers, as well as targeted marketing campaigns in order to determine how actively the Subscribers use discount and/or promotional offers on new or existing tariffs of the Operator. By joining this Agreement, the Subscriber agrees to participate in the Operator's SMART Bonus Program, including receiving SMS messages and other advertising and entertainment messages from the Operator and its partners as part of SMART Bonus Program. The terms of SMART Bonus Program are set by the Operator and posted on the Operator's website. 3.1.9. May, in addition to its chargeable Services, provide the Subscriber with free add-on services and inform the Subscriber via SMS and/or through website to that effect, and the Subscriber may refuse to use such free services using the methods provided by the Operator. 3.1.10. Sets the term of validity for the subscriber kits that come with the Subscriber identification card at its own discretion and communicate this information to the attention of the Subscriber by printing the relevant information on the subscriber kits. The Subscriber identification card cannot be activated upon the expiration of the validity term of the subscriber kit. 3.1.11. Defines the list and terms of add-on services and tariff plans subject to the technical capabilities of its network as well as technical solution used. 3.1.12. In order to ensure that the Services are used in accordance with the fair use principles and depending on the network load, may define the technical specifications for its Services, including data prioritization, restriction of access speed, including when using peer to peer file-sharing networks.

The Operator. 3.1.1. May charge fees for the third party services provided through the Operator’s network. 3.1.2. When providing the Roaming service to the Subscriber, may set up the Roaming disconnection thresholdthreshold in the amount determined in accordance with law. When using the Roaming service, the Subscriber is charged for both outbound and inbound connections as well as other services, including Call Divert. The Subscriber pays for the Services consumed in accordance with based on the payment terms of this Agreement and the terms of roaming services. Upon the Subscriber’s arrival in the country of the roaming partner, Operator sends a message to the Subscriber informing the latter that he/she may have outstanding charges due to absence of the real time billing systemhereunder. 3.1.3. Where the Subscriber uses more than one Subscriber number and has incurred debt in any of the respective accounts, may stop and/or suspend the Services without prior notice in respect of such account until such debt is repaid and/or charge the respective amount to any other account of the Subscriber. 3.1.4. May record calls received by the Operator’s Call Center service in the manner stipulated in legislation of the Republic of Kazakhstan, as well as unilaterally limit the Subscriber’s access to the call center operator should the Subscriber repeatedly contact Call Center on matters not related to Operator’s activity and/or should he/she violate ethical norms. 3.1.43.1.5. Should the Subscriber fail to comply with the payment terms hereunder, may use any available method to contact the Subscriber and/or User of the Subscriber number and demand repayment of the debt, or engage third parties to collect the overdue payment. Such being the case, the Subscriber agrees that the Operator may disclose any Subscriber-related information to such third parties, including the cost of Services provided to the Subscriber, amount of debt, as well as documents confirming the existence of the debt and any other information including personal data as may be required for debt collection. 3.1.53.1.6. May fully stoplimit the amount of, stop or suspend or limit access to the Services in respect of any Subscriber number used by the Subscriber without prior notice in the following cases: 1) There are insufficient funds in the Subscriber’s Personal account to cover the cost of the Services (for prepaid subscribers), or the Subscriber fails to pay the xxxx (postpaid subscriber) during the Payment period, or he/she has exceeded the credit limit calculated in accordance with the Operator’s procedures; 2) It has become known that the Subscriber identification SIM card, Subscriber terminal, M2M device terminal or Services are used by an unauthorized person, or they are misused or used for criminal purposes; 3) The Subscriber infringes the terms and conditions of this the Agreement or makes false calls to the emergency services, or makes calls/sends messages to other Subscriber / phone numbers or takes other wrongful acts; 4) It has become known that the Services have been received with the use of a stolen Subscriber identification SIM card, top-up card, or as the result of cracking of identification or other code, or any other fraudulent acts or as a result of use of an invalid Subscriber identification card SIM or top-up card; 5) The Subscriber has notified the Operator that his/her Subscriber terminal is lost or stolen; 6) The Subscriber takes take actions which, in the Operator’s reasonable opinion, may cause damage to its network, including but not limited to violation generation of the fare use principles specified in Appendix 1 heretoexcessive outgoing traffic to other mobile networks (including more than 160 minutes per day); 7) If the Subscriber acts in breach of the provisions contained in par. 3.2.53.2.4, 3.2.6-3.2.7, 3.2.11 hereof and Appendix 1 hereto3.2.9 hereof; 8) If the Subscriber fails to comply with the requirements set by the rules of mobile device registration; 9) The Subscriber provides false information and/or transfers the Subscriber identification card to a third party for use without re-registration; 10) On other grounds stipulated by the legislation of the Republic of Kazakhstan. 3.1.6. May either credit any excessive amounts paid by the Subscriber to his/her mobile account as advance payment for future use of Operator’s or third party Services, including Mobile Financial Services, or return such amounts to the Subscriber at his/her request.XX xxxx; 3.1.7. Has the right to withdraw funds received as a result of unauthorized or misspent payment from Subscriber’s account based, based on the Operator’s audit results. 3.1.8. May conduct promotionsHas the right to withdraw the Subscriber number, drawings and other marketing events in order to increase case the sales of Services, strengthen customer loyalty, attract new SubscribersSubscriber/User has credit in his/her account but within 12 months makes no chargeable calls/connections, as well as targeted marketing campaigns in order to determine how actively the Subscribers use discount and/or promotional offers on new other cases stipulated by law or existing tariffs of the Operator. By joining this Agreement, the Subscriber agrees to participate in the Operator's SMART Bonus Program, including receiving SMS messages and other advertising and entertainment messages from the Operator and its partners as part of SMART Bonus Program. The terms of SMART Bonus Program are set by the Operator and posted on the Operator's website. 3.1.9. May, in addition to its chargeable Services, provide Upon the Subscriber with free add-on services and inform expiration of three (3) years from the Subscriber via SMS date of Agreement termination and/or through website to that effect, and the Subscriber may refuse to use such free services using the methods provided by the Operator. 3.1.10. Sets the term of validity for the subscriber kits that come with the Subscriber identification card at its own discretion and communicate this information to the attention withdrawal of the Subscriber by printing number, has the relevant information on right to write off the subscriber kits. The balance of funds available in Subscriber’s personal account and recognize it as Operator’s income, if the Subscriber identification card cannot be activated upon has during the expiration of the validity said term of the subscriber kitfailed to claim such balance back. 3.1.11. Defines the list and terms of add-on services and tariff plans subject to the technical capabilities of its network as well as technical solution used. 3.1.12. In order to ensure that the Services are used in accordance with the fair use principles and depending on the network load, may define the technical specifications for its Services, including data prioritization, restriction of access speed, including when using peer to peer file-sharing networks.

The Operator. 3.1.1. May charge fees for the third party services provided through the Operator’s network. 3.1.2. When providing the Roaming service to the Subscriber, may set up the Roaming disconnection thresholdthreshold in the amount determined in accordance with law. When using the Roaming service, the Subscriber is charged for both outbound and inbound connections as well as other services, including Call Divert. The Subscriber pays for the Services consumed in accordance with based on the payment terms of this Agreement and the terms of roaming services. Upon the Subscriber’s arrival in the country of the roaming partner, Operator sends a message to the Subscriber informing the latter that he/she may have outstanding charges due to absence of the real time billing systemhereunder. 3.1.3. Where the Subscriber uses more than one Subscriber number and has incurred debt in any of the respective accounts, may suspend the Services without prior notice in respect of such account until such debt is repaid and/or charge the respective amount to any other account of the Subscriber. 3.1.4. May record calls received by the Operator’s Call Center service in the manner stipulated in legislation of the Republic of Kazakhstan, as well as unilaterally limit the Subscriber’s access to the call center operator should the Subscriber repeatedly contact Call Center on matters not related to Operator’s activity and/or should he/she violate ethical norms. 3.1.43.1.5. Should the Subscriber fail to comply with the payment terms hereunder, may use any available method to contact the Subscriber and/or User user of the Subscriber number and demand repayment of the debt, or engage third parties to collect the overdue payment. Such being the case, the Subscriber agrees that the Operator may disclose any Subscriber-related information to such third parties, including the cost of Services provided to the Subscriber, amount of debt, as well as documents confirming the existence of the debt and any other information including personal data as may be required for debt collection. 3.1.53.1.6. May fully stop, limit the amount of or suspend or limit access to the Services in respect of any Subscriber number used by the Subscriber without prior notice in the following cases: 1) There are insufficient funds in the Subscriber’s Personal account to cover the cost of the Services (for prepaid subscribers), or the Subscriber fails to pay the xxxx bill (postpaid subscriber) during the Payment period, or he/she has exceeded the credit limit calculated in accordance with the Operator’s procedures; 2) It has become known that the Subscriber identification SIM card, Subscriber terminal, M2M device terminal or Services are used by an unauthorized person, or they are misused or used for criminal purposes; 3) The Subscriber infringes the Contract terms and conditions of this Agreement or makes false calls to the emergency services, or makes calls/sends messages to other Subscriber / phone numbers or takes other wrongful acts; 4) It has become known that the Services have been received with the use of a stolen Subscriber identification SIM card, top-up card, or as the result of cracking of identification or other code, or any other fraudulent acts or as a result of use of an invalid Subscriber identification card SIM or top-up card; 5) The Subscriber has notified the Operator that his/her Subscriber terminal is lost or stolen; 6) The Subscriber takes take actions which, in the Operator’s reasonable opinion, may cause damage to its network, including but not limited to violation of the fare use principles specified in Appendix 1 hereto; 7) If the Subscriber acts in breach of the provisions contained in par. 3.2.5-3.2.7, 3.2.11 hereof and Appendix 1 hereto3.2.6 hereof; 8) If the Subscriber fails to comply with the requirements set by the rules of mobile device registration; 9) The Subscriber provides false information and/or transfers the Subscriber identification card to a third party for use without re-registration; 10) On other grounds stipulated by the legislation of the Republic of KazakhstanXX xxxx. 3.1.6. May either credit any excessive amounts paid by the Subscriber to his/her mobile account as advance payment for future use of Operator’s or third party Services, including Mobile Financial Services, or return such amounts to the Subscriber at his/her request. 3.1.7. Has the right to withdraw funds received as a result of unauthorized or misspent payment from Subscriber’s account based on the Operator’s audit results. 3.1.8. May conduct promotions, drawings and other marketing events in order to increase the sales of Services, strengthen customer loyalty, attract new Subscribers, as well as targeted marketing campaigns in order to determine how actively the Subscribers use discount and/or promotional offers on new or existing tariffs of the Operator. By joining this Agreement, the Subscriber agrees to participate in the Operator's SMART Bonus Program, including receiving SMS messages and other advertising and entertainment messages from the Operator and its partners as part of SMART Bonus Program. The terms of SMART Bonus Program are set by the Operator and posted on the Operator's website. 3.1.9. May, in addition to its chargeable Services, provide the Subscriber with free add-on services and inform the Subscriber via SMS and/or through website to that effect, and the Subscriber may refuse to use such free services using the methods provided by the Operator. 3.1.10. Sets the term of validity for the subscriber kits that come with the Subscriber identification card at its own discretion and communicate this information to the attention of the Subscriber by printing the relevant information on the subscriber kits. The Subscriber identification card cannot be activated upon the expiration of the validity term of the subscriber kit. 3.1.11. Defines the list and terms of add-on services and tariff plans subject to the technical capabilities of its network as well as technical solution used. 3.1.12. In order to ensure that the Services are used in accordance with the fair use principles and depending on the network load, may define the technical specifications for its Services, including data prioritization, restriction of access speed, including when using peer to peer file-sharing networks.