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BLACKBERRY INTERNET SERVICE SPECIAL TERMS AND CONDITIONS

These Special Terms and Conditions (Special Terms) define the special terms and conditions for provision of BlackBerry Internet Service by “ORANGE ARMENIA” CJSC (Orange) to the subscriber (Subscriber or You or Yours).

The Application for subscribing to BlackBerry Internet Service, its Appendixes and these Special Terms and Conditions are the integral part of the relevant Subscription Agreement, executed between You and Orange, and the documents, constituing the integral part thereof, including the general terms and conditions (Subscription Agreement).

By signing the Application for subscribing to BlackBerry Internet Service and its Appendixes or by using BlackBerry Internet Service, You therebyconfirm, that You have got acquainted with these Special Terms, the Subscription Agreement and the documents, constituing the integral part thereof, including the general terms and conditions and agree with them.

The Subscription Agreement covers the provision of BlackBerry Internet Service and together with these Special Terms, the Application for subscribing to BlackBerry Internet Service and its Appendixes, regulates the relations of Orange and the Subscriber concerning the use of BlackBerry Internet Service. For avoidance of any doubts, You hereby accept that these Special Terms complement all other terms and conditions regulating the use of other services provided to You by Orange.

Please carefully read and get acquainted with these Special Terms and in case of disagreement with any of the provisions hereof refuse to subscribe to BlackBerry Internet Service. In the scope of these Special Terms the words and expressions below have the following meaning, unless otherwise arises from the context.

1.DEFINITIONS

Subcriber- shall mean a subscriber of mobile services, provided by Orange, who has expressed wish to subscribe or has already subscribed to BlackBerry Internet Service. Mobile services, the subscribers of which have access to BlackBerry Internet Service, are defined by Orange; BlackBerry Internet Service-shall mean an email and internet service for BlackBerry devices, designed to provide the subscribers with automatic delivery of email messages, mobile access to email message attachments, and convenient access to Internet content; BlackBerry Handset-shall mean a special BlackBerry device, used by the Subscriber to benefit from BlackBerry Internet Service; Licence Agreement-shall mean a Software Licence Agreement, ensuring the use of BlackBerry solution, executed between You and RIM, which is considered to be the integral part of these Special Terms; RIM-shall mean Research in Motion Limited or any of its affiliates or associates, which is producer of BlackBerry smartphones and vendor of BlackBerry solution.

2.GENERAL TERMS

  • BlackBerry Internet Service provides the following opportunities:
    • the Subscribers can add up to 10 supported email addresses to their BlackBerry Internet Service account. The BlackBerry Internet Service is designed to receive email messages from these integrated email addresses, deliver the email messages to the BlackBerry devices of the subscribers and provide wireless email reconciliation for supported email addresses.

3.BLACKBERRY INTERNET ԾԱՌԱՅՈՒԹՅՈՒՆ

  • BlackBerry Internet Service is accessible only to those Subscribers, who have obtained BlackBerry Handset from Orange or from other vendor, provided it is duly certified as set forth in the applicable legislation of RA and is not SIM-locked. In case of breach of the condition defined in this point, Orange shall have the right to suspend BlackBerry Internet Service provision as set forth in the Subscription Agreement or reject Your subscription to BlackBerry Internet Service.
  • BlackBerry Handset sold by Orange is SIM-locked, is compatible only with BlackBerry Internet Service and with the SIM card, provided by Orange, and can be used solely with Orange SIM Card, unless otherwise defined by Orange.
  • The tariff plan of BlackBerry Internet Service, based on Your choice, is defined in the relevant Application, presented when subscribing to BlackBerry Internet Service, according to the tariff plans, offered by Orange.
  • You can refuse to use BlackBerry Internet Service at any time by filling in a relevant application at any Orange point of sale under the terms and conditions of the Subscription Agreement.

4.SUBSCRIPTION PROCEDURE

  • In order to subscribe to BlackBerry Internet Service, You should visit any Orange point of sale and present a duly signed Application for subscribing to BlackBerry Internet Service, as well as to get acquainted with the Licence Agreement and other terms, defined by RIM for provision of BlackBerry Internet Service, and accept them, as set forth by RIM.
  • Upon signing or acceptance of the above-mentioned documentation BlackBerry Internet Service is activated for You, as set forth in these Special Terms, the Subscription Agreement and by RIM, unless other term for activation of BlackBerry Internet Service has been chosen by You, as set forth by Orange.

5. PAYMENT FOR BLACKBERRY INTERNET SERVICE

  • Charging of the amounts payable by You for BlackBerry Internet Service each month is made in accordance with the tariff plan, chosen by You when presenting the Application for subscribing to BlackBerry Internet Service. The tariff plan and BlackBerry Internet Service prices can be changed under the terms and conditions of the Subscription Agreement.
  • Payment for BlackBerry Internet Service is made together with the payment for mobile services and the tariff plan, used by the Subscriber, and under the terms and conditions, defined for it in the Subscription Agreement. Please note that in monthly invoices submitted to You the monthly fee for BlackBerry Internet Service will be defined, regardless of the actual use thereof. Before full suspension of BlackBerry Internet Service the charging of monthly fees for it shall be made, regardless of the payments made on Your side for BlackBerry Internet Service, provided in the given month. However, You may benefit from BlackBerry Internet Service only upon full payment of Your debt (for BlackBerry Internet Service and other mobile services, used by You).
  • In case the payment for BlackBerry Internet Service is made on prepayment basis according to the Service offer and the tariff plan, when subscribing to BlackBerry Internet Service, one-month full monthly fee shall be paid, as a prepayment, which is not subject to pro-rate deduction from the amounts paid for the following month. Please note that BlackBerry Internet Service is activated and the provision of the service starts upon making of the prepayment when subscribing for BlackBerry Internet Service, unless other term is defined in the Application for subscribing to BlackBerry Internet Service. BlackBerry Internet Service for the following months is provided only if amount equal to the monthly fee for Blackberry Internet Service is available on the account of the user of Blackberry Internet Service as of the 1st day of the current month, otherwise the provision of BlackBerry Internet Service will be suspended, without additional notice, until the relevant amount is recharged on the account of the user of BlackBerry Internet Service. In this case BlackBerry Internet Service is activated for the month during which recharging of the relevant amount was made and the paid amount is not subject to pro-rate deduction from the amounts subject to payment for the following months. If the user of BlackBerry Internet Service does not wish to use Blackberry Internet Service, he/she will need to terminate the subscription; otherwise, in case of any recharging of his/her account, charging for BlackBerry Internet Service may be made, regardless of actual use thereof.

6. ROAMING

  • BlackBerry Internet Service is available in those areas of the Republic of Armenia, covered by Orange, as well as via GPRS roaming in all those countries, where Orange ensures GPRS roaming for BlackBerry Internet Service, under the terms and conditions of these Terms.
  • In any case, before using BlackBerry Internet Service in the network of other operator, it is recommended to get information on whether GPRS roaming for BlackBerry Internet Service is made available by Orange in the network of the given operator and in the territory of the country, as well as about applicable tariffs by accessing Orange website (www.orangearmenia.am) and from Customer Care, for avoidance of any doubts.
  • Please note that when in other operator's network (e.g., roaming), charging is made in accordance with the tariffs, defined by Orange for the given operator and country, according to the Service offer and tariff plan of Orange, used by the Subscriber.

7. TERMS AND CONDITIONS OF RIM

  • The use of BlackBerry Internet Service is conditioned by acceptance by You of the terms and conditions, defined by RIM with regard to provision of BlackBerry Internet Service, which may be amended from time to time by RIM, under the terms and conditions, defined by RIM. By signing the Application for subscribing to BlackBerry Internet Service and its Appendixes, You also explicitly accept the terms and conditions, defined by RIM with regard to provision of BlackBerry Internet Service, including the Licence Agreement.

8.OTHER PROVISIONS

  • You hereby confirm that You are duly authorised and have necessary rights and powers to subscribe to BlackBerry Internet Service. Please note that the use of BlackBerry Internet Service by third parties (including children under age) is considered to be made by You. You are the sole responsible for the use of BlackBerry Internet Service by third parties (including children under age) by means of Your BlackBerry Handset or otherwise on Your behalf.
  • You shall immediately inform Orange about any unauthorised use of Your BlackBerry Internet Service. You accept that You will not disrupt the functioning of BlackBerry Internet Service, will not use the password of other user(s) or otherwise act in a way that may hinder other users from using BlackBerry Internet Service.
  • The unique identification number of Your BlackBerry Handset is used to associate Your e-mail address(es) with Your BlackBerry Handset and to direct e-mail and other data to Your BlackBerry Handset. In case Your BlackBerry Handset is lost or stolen or if You transfer it to third parties (as permitted by the Licence Agreement or by Orange), You will be the sole responsible for accessing http://www.orangearmenia.blackberry.com/ website personally to disassociate Your e-mail address(es) from Your BlackBerry Handset.
  • Orange bears no responsibility for any data transferred to Your BlackBerry Handset. Orange recommends that You save all Your e-mails, content, and/or other data on Your BlackBerry Handset, as such data is not stored by Orange. If You transfer Your BlackBerry Handset (as permitted by the Licence Agreement or by Orange), You will be the sole responsible for deleting all data from Your BlackBerry Handset, for removing all expandable memory, or this data will be available to the person, to whom You have transferred Your BlackBerry Handset.
  • You shall not use BlackBerry Internet Service for any illegal or inappropriate purpose, including without limitation, spoofing, phishing, spamming, harassment or breach of third party Intellectual Property Rights. You shall comply with all applicable laws and regulations when using BlackBerry Internet Service.
  • You hereby accept and agree that BlackBerry Internet Service enables You to have access to third party content, websites, software and services, including, without limitation, any third party e-mail services, which are accessible to You via BlackBerry Internet Service. You accept and agree that Orange bears no responsibility for any third party content, websites, software or third party services, which You use or which are accessible to You when using BlackBerry Internet Service, and You are responsible for any contracts entered into or any action or act of omission performed by You on the Internet.
  • You hereby authorise Orange to collect, use and store Your personal data, including the data on third party e-mail services for so long as Orange deems necessary (but not longer than permitted by the applicable law), including, without limitation, account(s), user name and password for each of Your third party e-mail service(s) and to disclose such data to other relevant third party e-mail service providers for activation, billing, service provision, maintenance and deactivation purposes.