Beeline unilaterally changes tariffs. Offer agreement “Equipment rental” to the Agreement on the provision of communication services “Home Internet” and “Home digital television “Beeline TV”

If you do not have time to go to the company’s office, then it is possible to fill out a special form and do it electronically. After this, you will receive a notification that . To receive an application form, please send a special request to [email protected] .

Besides, if you don't sim-" Beeline"for more than 6 months, the contract will be terminated unilaterally automatically (that is, without visiting the office" Beeline" or - application for termination), this is stated in the telecom operator agreement itself.

Sources:

Internet Beeline agreement

One way management apartment building is the transfer of these rights to the management company. In this case, an appropriate agreement is concluded in accordance with the provisions of Article 162 of the Housing Code of the Russian Federation. Validity agreement can range from 1 year to 5 years, while the owners of the premises of the house have the right to terminate it early.

Instructions

Review the terms and conditions agreement management. In some cases, it may provide for the procedure for terminating the agreement. For example, premises owners must send a written notice of their intentions to the management company (MC). Upon expiration of the specified period, the contract is considered terminated and residents have the right to choose a new management company.

Sign the termination agreement agreement by agreement of the parties. In this case, all owners of the premises of the house and the management company must give their consent to this procedure without any disputes or conflicts arising. In this case, the procedure for transferring rights must be observed. management a new management company, which must receive technical documentation for the house, funds for major and current repairs, as well as funds to pay for the supplied resources.

Terminate the contract on the basis of Article 451 of the Civil Code of the Russian Federation, which takes into account significant changes in circumstances that were accepted when the parties entered into the agreement. In other words, the new situation must change so much that the parties were simply unable to foresee it. In this case, the contract is terminated by mutual consent or by court decision.

Please refer to Article 161 of the Housing Code of the Russian Federation, which states that the owners of premises have the right to organize a general meeting and decide to change the method management. Draw up minutes of the meeting, on the basis of which you demand that the management company terminate the contract management. If refused, file a claim in court.

Document the violations committed by the management company. According to paragraph 2 of Art. 450 of the Civil Code of the Russian Federation, an agreement can be terminated if one of the parties violated its terms, which entailed the deprivation of the rights of the second party, which it had the right to count on when concluding the agreement.

Financing of capital repairs of apartment buildings

Tip 3: How to terminate a lease agreement for non-residential premises

Terminate agreement rental non-residential premises possible upon expiration of the lease, by agreement of both parties or on the initiative of one party. In this case, it is necessary to comply with all legal aspects of the current legislation, in particular articles No. 451, 452, 453, 618, 619, 629 of the Civil Code of the Russian Federation.

You will need

- a letter with a description of the attachment and notification;
- application to the court.

Instructions

Early occupancy is possible by mutual agreement of the landlord and tenant. Moreover, if a mutual agreement is reached and neither party is against early termination of the contractual relationship, then the contract can be terminated without prior warning and without any additional conditions.

If you want to terminate a lease agreement for non-residential premises unilaterally, the conditions for early termination of the lease must be specified in the agreement itself. If there are no clauses on early termination of the contract, then they arise from the current legislation. It is necessary to notify the landlord or tenant in writing of the early termination of the contract by sending a registered document with a list of the contents and a delivery notice. This should be done no later than two months before termination of the contract.

Without notice, the contract can be unilaterally terminated only by a court order. Sufficient grounds for a positive court decision will be: - use of the premises for purposes other than those specified in the contract; - late payment of rent; - damage to property; - transfer of the premises to sublease by the owner; - violation of any; - other grounds that the court considers sufficient for termination of the contract.

Sources:

agreement to terminate the lease of non-residential premises

Treaties to regulate any transactions, which can be called both employment and the provision of any services, they are usually divided into two types: fixed-term and unlimited. And it is this point that is of great practical importance in jurisprudence. Indeed, depending on what form a was used when signing, it also depends on how it can be terminated. The main problems with the termination of these documents arise when it is necessary to terminate an open-ended contract.

Instructions

When planning to terminate an open-ended contract, remember that it cannot be terminated. It’s not for nothing that it’s called indefinite. According to Article 699 of the Civil Code of the Russian Federation, you can only refuse your agreement.

You need to insure yourself in advance - even when signing the document: include in it a clause indicating the period during which the parties can notify each other about the termination of the open-ended contract. As a rule, it fluctuates within one month.

In order to send a notice, you need to put the appropriate paper in writing. Be sure to sign it. Then you can use regular mail. Send your notice via notification letter. The date when the addressee receives your message and signs for it will be the one from which you need to count.

However, if your contract states that it cannot be terminated voluntarily at the initiative of one of the parties, then you can go to court on this issue. For example, in case of improper performance by the second party of its obligations under the contract. To do this, you need to collect evidence confirming the failure to fulfill certain clauses of the contract, find suitable witnesses and draw up a competent statement of claim.

In court, you can terminate an open-ended contract even unilaterally. For example, if the other party did not appear at the meeting. In this case, a copy of the minutes of the court hearing will be sent to the other party by mail.

Alternatively, you can terminate the open-ended contract by agreement of the parties. To do this, you need to agree with your opponent on the most convenient way to terminate your business relationship. Consider all options. You may be able to offer some kind of compensation as compensation. Or you can agree on further developments on other issues. In this case, if the signed agreement does not suit both parties at once, it will be much easier to reach an agreement.

Video on the topic

Sources:

Features of termination of open-ended contracts

Photo by user Sergik495 on the website mobile-networks.ru with the comment: “Beeline has become completely insolent. Not only is the connection getting worse every year, but it is also becoming more expensive than everyone else. The other day I wrote a farewell speech to Beeline and added this photo.”

In the beginning there was the Word, and this Word was an SMS from Beeline:

Dear subscriber, your tariff was created more than 15 years ago. Much has changed during this time, and it will close on June 5th. We have known each other for a long time, so we have selected the most similar tariff to suit your habits - Zero doubts VII. All additionally connected services are saved.

Listen to the new conditions or choose a different tariff: 060605 (free). Your Beeline."

Thus, I, like tens (hundreds) of thousands of subscribers of one of the Big Three operators, received a “black mark”. Three days later, another, more legally significant proposal was received by email:

"… Hello!

You are currently using the archive tariff plan Simply put. As part of the renewal of old tariffs, on June 5 it will close and change to Zero Doubts VII.

Don't worry: you will stay in touch, and your number, balance and all the necessary services will be saved.

What rate will I get?

We have selected a special tariff, Zero Doubt VII, taking into account your expenses and needs. You don't have to change your communication habits.

Why are you closing old tariffs?

To improve the quality of service and make our tariffs truly simple and understandable for you. After all, the fewer archived tariffs and various conditions, the easier it is to understand them for both you and our operators.

Can I choose a different tariff?

You can switch to any tariff from the catalog on the website for free. “My Beeline” Personal Account is also at your service to check details, services on the number, top up the account for yourself and your loved ones and much more.”

And below is a big yellow button: “Select tariff.”

After 10 days, another Word in the form of SMS:

Dear client! On May 26, you received an SMS about a tariff change with incorrect information. We apologize for any inconvenience. Your new tariff plan after closing the old one will be – Zero doubts VIII.

Listen to the new conditions or choose a different tariff: 060605 (free) Your Beeline.

Pay attention to the rapid evolution of impudence - in the first SMS one of the archived versions is offered (the seventh), and 10 days later they impose a much more expensive one - the eighth. They, you see, were mistaken. Apparently, at first they incorrectly assessed the client’s solvency, and with an apology they decided to correct themselves - to sell him the same rotten product, but at a higher price. In essence, the telecom operator wants to unilaterally transfer a subscriber from one archived tariff to another, also archived, and, moreover, the most unprofitable for him.

The following thoughts involuntarily arise:

1. Completely insolent.
2. It seems they have no right to do this without my consent.
3. What to do?

Let's start to figure it out.

Thought No. 1: “We’re completely insolent”

I think everything is clear here - any seller (even not a monopolist) will always try to “milk” as much money as possible from the buyer at minimal cost to himself. His appetites and greed are practically unlimited and have no limits. When tariffs are regularly changed, the telecom operator always follows the classic scheme: first, a “tempt” is made in the price list for a new line of tariffs with zeros in key positions. After a couple of months, the operator notifies the subscriber about a modification of the tariff with the same name. A little later he does the same. And this is repeated repeatedly. The subscriber, if he tries to compare tariffs, will see that the new tariff plan differs from the previous one by only 20-30 kopecks per minute. Little things.

You don't need to look far for examples. Let’s take the above-mentioned archival “Zero Doubts” and trace its rapid, diarrhea-like evolution.

What's it like? From the first to the ninth version, the tariff for local Beeline subscribers increased by 20 kopecks per minute. But for “foreign” operators – TEN TIMES. One would think that such a rise in price happened in about ten years. Not at all. Let's look at screenshots of official price lists taken on the same day:

The basic tariff plan for the “Zero Doubts” line is the “zero” version.

The exact date of their actual introduction is generally impossible to establish.

Everything that is presented above, as you understand, was taken from the official Beeline website. “As if official” because there are simply no official documents on it! Where are they? We go down to the footer of the site and find a clickable link below the copyright: “ Legal information", where we read the following:

“... This website is not a mass media outlet.
All official news and documents are published on the website vimpelcom.lenta.ru ... "

Federal Law of July 7, 2003 N 126-FZ (as amended on June 23, 2016) “On Communications” - open spoiler

What to pay attention to:

Agreement form, conditions for the provision of Beeline communication services,
conditions of public offers accepted under the Agreement,
procedure for amending the Agreement on the provision of Beeline communication services,
tariff plan,
rules for the use of telematics and transmission services

are a single Agreement on the provision of Beeline communication services.

That is, the Subscriber Agreement should not be understood as some kind of template document, but specifically their inextricable combination.

Save The mobile phone was invented in the USSR in the 50s Signs of a tapped mobile phone Illegal barrier at home If you break the goods before paying at the checkout Zello was invented by programmers from St. Petersburg. Internet radio works wherever there is Internet

When drawing up a contract, the provision of personal data of the subscriber is required. Our company works with subscribers’ personal data strictly in accordance with Federal Law No. 152-FZ “On Personal Data,” ensuring their confidentiality and security. Personal data is processed and one of the processing operations is its clarification (updating and changing).

Withdrawal of consent to the processing of personal data

In accordance with Federal Law No. 152-FZ of July 27, 2006 “On Personal Data,” the subject of personal data processing has the right to withdraw consent to the processing of his personal data.

In accordance with the terms of consent to the processing of personal data, data when concluding an agreement on the provision of communication services “Beeline9raquo; (Clause 3.6.) The Subscriber has the right to withdraw his consent by writing to the Operator.

In order to exercise the rights of subscribers and users of PJSC VimpelCom9raquo; has developed a sample application for withdrawal of the subscriber’s (user’s) consent, which he gives when concluding an agreement for the provision of communication services “Beeline9raquo;. You can withdraw your consent by filling out an application form at Beeline9raquo sales offices; upon presentation of a passport or other identity document. The application form for preliminary review and completion can be downloaded here.

However, we draw the attention of our subscribers and users that if consent is withdrawn, our Company nevertheless has the right to continue processing personal data, because by virtue of the provisions of Art. 53 of the Federal Law of July 7, 2003 N 126-FZ “On Communications” the consent of the subject of personal data when executing an agreement for the provision of communication services is not required.

For other purposes, the processing of personal data will be terminated in accordance with the procedure established by law.

Beeline violates the rights of subscribers by sending SMS spam

OJSC VimpelCom, having released a new (if the link changes, you can read the document at: http://mobile.beeline.ru/volgograd/help/manual.wbp) edition of the Agreement on the provision of Beeline communication services and adding the ill-fated 9, received the legal opportunity to send SMS messages containing advertising information to subscriber numbers.

Let's try to understand the legality of this state of affairs:

Paragraph 1 clause 3.2 " Agreement for the provision of communication services "Beeline"» contradicts Resolution of the Government of the Russian Federation dated May 25, 2005 No. 328.

It just so happened that my current cellular operator began to frustrate me more and more often, I was not satisfied with the quality of its service, so I was thinking about switching to Beeline with my number.

I went to the Beeline website and found an agreement form. I have questions about it. There are several interesting points regarding the processing of client personal data:
First of all, I decided to read the conditions for the provision of Beeline communication services, since the contract form contains links to some points of these conditions.
It is logical to assume that if the contract form contains “disagree” clauses, then even without agreeing with these clauses the contract is concluded! If the client does not agree with a certain verification and processing of his personal data, then he has the right to notify the operator about this, which is why these points “agree”/“disagree” are indicated in the contract form.

I had two questions for Beeline consultants:
1. If you put “disagree” in the above paragraphs, will this affect the conclusion of the contract (whether to allow the conclusion of the contract or not)?
2. If you put “disagree” in the above points, will this affect the provision of any services (which services will be provided and which will not)?
After reading the conditions for the provision of Beeline communication services, I realized that this should not interfere with the conclusion of the contract, but I decided to clarify.

I asked these questions to the consultant in the chat on the operator’s website. It was 2015-10-21 at 16:12. Consultant Elena answered me. After some clarification, she replied that the contract in this case is concluded at the discretion of the company. I asked, who exactly will make the decision to connect or not? I was not given an answer, the chat was closed. I opened a new chat with a specialist, operator Dunya answered me. She told me that these points are spelled out in the contract. You either agree with them or you don't. Because you sign the contract as a whole, and not for each item. Let's remember this, a little later I will quote the conditions for the provision of communication services.

I thought and thought and wrote an e-mail [email protected] with the same questions, I wrote that I was not satisfied with the answer provided to me in the chat, since they were different. I also said that I want to switch to Beeline with my number, and such counseling does not make me want to switch to Beeline. They told me the same thing by email, that it’s not allowed, when you sign the contract, you agree with all points of the terms of service. We also remember this answer.

Then I go to the Beeline VKontakte group and write to him the same questions. Also, please clarify why Beeline checks the client’s passport data through the credit history bureau? This is stated in your terms and conditions. I am informed that the issue has been submitted for consideration. They ask you to wait. Time passes and I receive an answer:

Hello! 1. Does the subscriber have the right to disagree with any clause of the contract (or several)?
2. How can a CPC employee record the client’s disagreement with the clauses of the contract?
3. What form of application is used by the Subscriber in case of disagreement with the clause (or clauses) of the contract?
Answer: If the subscriber does not agree, he may not connect the services and not sign the contract.

Let everyone decide for themselves how to evaluate such an answer! This answer, if you can call it that, came to me on November 6, 2015 in a DM on VKontakte. After reading this, I clarified in response that this is not about services, but about limiting the processing of personal data. Is it possible to conclude a contract with such restrictions and how will they affect the provision of any services? I was told that personal data is processed only within the company. We do not disclose subscriber's personal data to third organizations. In this case, there is no additional agreement to the main agreement. In response, I began referring to the terms of communication services and saying that it explicitly states that third-party companies, including credit history bureaus, can be involved in processing information. I asked employees to read the terms of service more carefully.

Let us remember that I asked the Beeline representative to explain why the company checks personal data through the credit history bureau. I also said that, according to information from the call center, it is possible to limit the processing of PD. For this purpose, the contract provides for clauses regarding non-consent to certain PD processing.

I received the answer:

A question was asked to our lawyers. We provided you with the answer from them. At the moment, unfortunately, there are only two options: either conclude the agreement in the current version, or not conclude it at all

After reading this, I advised Beeline to force lawyers to re-read the terms of service!!! I quoted the points in the questions, there is text that the subscriber can limit the transfer of personal data. The question is which services will be affected. After this, I was shocked, freaked out a little and decided to literally “chew” the text of the contract form and terms of service to my interlocutor. It was 11/15/15.

Now, as I promised, let’s compare each clause of the contract form with the terms and conditions for the provision of communication services.
“To check the information provided by me in accordance with subsection. 4 clause 3.2. I agree with the terms and conditions, unless otherwise stated, I do not agree"

3.2. The operator has the right:
4) Check at any time directly or with the help of third parties (including credit history bureaus), with the consent of the Subscriber, any information contained in the Subscriber’s credentials, as well as in the documents requested by the Operator. If the Subscriber disagrees with the provision of information by the Operator to third parties and the Subscriber does not provide additional documents, the Services are provided to the Subscriber in accordance with the basic conditions of the selected Tariff plan.

So I asked what services will be provided, they are called basic, and which ones will not.

“I agree to the use of funds contributed as payment under one agreement to pay off debt under another agreement, unless otherwise specified, I do not agree.”
This is clear, I hope. Disagreement will not in any way affect the services or the possibility of concluding a contract. I only have one number.
“I agree to receive advertising information, unless otherwise indicated, I do not agree”
Here, too, everything is very clear; this does not affect the conclusion of the contract.

“For the processing of personal data in accordance with paragraphs. 3.3-3.6 Terms - I agree, unless otherwise stated, I do not agree"

Terms of provision of communication services:

3.2. The operator has the right:
3.3. In accordance with Art. 6. Federal Law No. 152-FZ of July 27, 2006 “On Personal Data” The Operator, during the period from the moment of conclusion of the Agreement and until the deadlines established by regulatory documents, during which the Operator is obliged to store information about the Subscriber and the Services provided, for the purpose of execution Agreement and legal requirements, processes the Subscriber’s data both using its software and hardware, and without using them. The processing of personal data refers to actions (operations) with personal data, including collection, systematization, accumulation, storage, clarification (updating, changing), use, distribution (including transfer), depersonalization, blocking and destruction of personal data.
The operator ensures the confidentiality and security of the received personal data.
In the case of providing personal data of contact persons for the purpose of interaction under the Agreement and/or users of the Services, in order to comply with the requirements of regulatory documents (for Subscribers - legal entities), the Subscriber guarantees the consent of the contact person to receive information and proposals from the Operator regarding the Services provided, on transfer of personal data of the contact person and users of the Services to the Operator. The Subscriber confirms the preliminary notification of the contact person and users of the Services about the transfer of personal data to the operator.
3.4. The Subscriber's personal data may be processed by third parties engaged by the Operator on the basis of relevant agreements to fulfill obligations under the Agreement. An essential condition of contracts concluded by the Operator with third parties is the obligation for third parties to ensure the confidentiality of personal data and the security of their processing. The list of third parties involved by the Operator in the processing of subscribers’ personal data is posted by the Operator on the Operator’s Website. The operator has the right to determine and change the list of third parties.
3.5. The Subscriber hereby agrees, for the entire duration of the Agreement, to provide the Operator with information about unfulfilled monetary obligations, information about the Subscriber himself received upon conclusion of the Agreement, as well as his personal data (for Subscribers - individuals) to legal entities operating in accordance with the current legislation formation, processing, storage and issuance of information about the debtor’s fulfillment of contractual obligations assumed by the parties to persons collecting debt for the Services from the Subscriber on behalf of the Operator, or to persons to whom the right to claim such debt has been transferred.
3.6. The Subscriber has the right to withdraw his consent by writing to the Operator.

I wrote all this in a DM correspondence with a Beeline VKontakte representative.

Also wrote this:

Those. You can register your consent to the transfer of information to third parties.
Honestly, I just can’t imagine what Beeline’s lawyers read there. Essentially, the default terms of the agreement allow the company to transfer personal data to third parties unless disagreement with this transfer of data is filed. I do not dispute this wording of the terms, I simply ask that you pay more attention to the terms of your agreement.
It’s a pity that lawyers know their conditions so vaguely. I understand that consultants are not supposed to know this, but I would like more attentive service. It’s not working out very well, I want to become your subscriber, but I can’t get attentive service in resolving issues regarding the processing of my data.
Agree that this is unacceptable and anyone may be reluctant to move to you ((

I still haven’t received a response to my criticism; a month has passed. Today I am not a Beeline subscriber, so this review is without rating, but on my own behalf I give Beeline a big, fat two! You can see for yourself what answers the consultants provided and what is written in the terms and conditions for the provision of communication services. I still haven’t decided whether to switch to Beeline with my number.

I would like to know what Beeline representatives at Banki.ru think about the disgrace that is happening in the company and the incompetence of the employees.