Beeline lawyers do not know the text of the terms and conditions for the provision of communication services of their own company or simply do not understand them! Beeline unilaterally changes tariffs
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.
Appendix Order No. 000/15Р dated 01.01.2001
Offer agreement “Equipment rental”
to the Agreement on the provision of communication services “Home Internet” and “Home digital television “Beeline TV”
Public Joint Stock Company "Vympel-Communications", created and operating in accordance with the laws of the Russian Federation and located at the address: Russian Federation, 127083, building 14 (hereinafter referred to as “ Operator") hereby offers to an individual (hereinafter referred to as " Subscriber") enter into an Equipment Rental Agreement (hereinafter referred to as " Lease contract") through the Subscriber's acceptance of this public offer on the following conditions:
1. To provide the Subscriber with television broadcasting services over a cable network (hereinafter referred to as the “Services”), the Operator provides the Subscriber for a fee for temporary possession and use of a set of equipment (hereinafter referred to as the “Equipment”), which the Operator legally owns and the Specification of which is given in the Certificate acceptance/transfer of equipment, and the Subscriber pays rent to the Operator in the amount, manner and under the conditions established by this Lease Agreement.
2. The Operator transfers the Equipment into the Subscriber’s possession and use at the Subscriber’s premises (place of transfer), located at the address specified in the Equipment Acceptance/Transfer Certificate.
3. The rental cost (rental fee) of the Equipment, the calculation of the duration of which begins from the date of signing by the Parties of the Equipment Acceptance and Transfer Certificate, is established in the Tariff plan for communication services selected by the Subscriber.
4. The equipment is provided with a Technical Description and is handed over to the Subscriber in working condition. The operating condition is checked during the transfer of equipment before signing the Equipment Acceptance Certificate. The equipment is leased for the entire term of the Agreement on the provision of communication services “Home Internet” and “Home digital television “Beeline TV” and/or this Lease Agreement.
5. The Subscriber uses the Equipment in accordance with its purpose and purpose specified in clause 1 of this Lease Agreement, and bears the costs of its maintenance and maintaining it in working condition.
6. Payment is made by writing off rental payments by the Operator from the Subscriber’s Personal Account, created in accordance with clause 3.4 of the Agreement for the provision of Beeline communication services, from the moment the Equipment is transferred by the Operator to the Subscriber and until the Subscriber returns the Equipment to the Operator, which is confirmed by the signing of the relevant Acceptance/Transfer Certificates equipment. The Subscriber agrees to use for payments under the Agreement on the provision of communication services “Home Internet” and “Home Digital Television “Beeline TV” and this Lease Agreement for a single Personal Account. In the event of insufficient funds on the Personal Account, first of all, the rent under this Lease Agreement is written off, and secondly, funds are debited to pay for services under the Agreement on the provision of communication services “Home Internet” and “Home Digital Television “Beeline TV”. The Subscriber agrees that, upon his request, he will be given the total balance of funds on his Personal Account or arrears of rental payments.
7. In the event of a temporary suspension of the provision of Operator Services to the Subscriber under the Agreement on the provision of communication services "Home Internet" and "Home digital television "Beeline TV" or the Subscriber refuses other services provided for in the Agreement on the provision of communication services "Home Internet" and "Home Digital television "Beeline TV", the Subscriber's obligations under this Lease Agreement are not suspended, rental payments are written off from the Subscriber's Personal Account in full.
8. If the Subscriber’s Personal Account does not have the required amount of funds to write off the rent, the Subscriber’s resulting debt is taken into account on the Personal Account. If there is a negative balance on the Subscriber's Personal Account, the Subscriber undertakes to repay the debt no later than 30 (thirty) days from the date the debt was incurred.
9. If, after 30 (thirty) calendar days from the date of formation of the debt, the Subscriber does not repay it, the Operator has the right to unilaterally terminate this Lease Agreement and demand the return of the Equipment. The rental fee is accrued for the entire period until the return of the Equipment in accordance with clause 11 of the Lease Agreement.
10. In the event of termination of this Lease Agreement, the Subscriber is obliged to repay the existing debt and return the Equipment to the Operator at the time of termination of the Lease Agreement in full; in salable condition (including normal wear and tear); in good condition or without signs of external or internal mechanical, humidity, chemical, temperature effects on the Equipment.
If the termination of the Agreement for the provision of communication services “Home Internet” and “Home Digital Television “Beeline TV” occurs in accordance with clause 3.11. Agreement for the provision of Beeline communication services, the Subscriber undertakes to return the Equipment to the Operator within 5 (five) calendar days from the date of termination of the Agreement for the provision of Beeline communication services. If the equipment is not returned, the Operator has the right to charge the Subscriber a penalty in the amount of 1% of the cost of the equipment for each day of delay, but not more than the cost of the Equipment specified in clause 12 of this Rental Agreement.
11. The return of the Equipment is made by the Subscriber at the Operator’s offices. Information about addresses and office hours is posted on the Operator’s website.
12. In case of failure to return the Equipment in accordance with the terms of this Rental Agreement or return of non-working Equipment, the Subscriber shall pay the Operator the amount of money indicated on the Operator’s Website at the time of return of the equipment.
13. In case of non-fulfillment or improper fulfillment by the Subscriber of the obligation to pay for the Services or return the Equipment within the terms provided for in this Lease Agreement, the Operator has the right to take measures provided for by law to collect the amount of debt or equipment from the Subscriber, including by involving third parties specified in clause 3.14 Agreements on the provision of communication services “Home Internet” and “Home digital television “Beeline TV”. At the same time, the provision to these third parties of information received under this Lease Agreement and necessary for the collection of debt or equipment does not constitute a violation of the provisions of this Lease Agreement and the current legislation on the disclosure of communication secrets or on personal data and confidential information.
14. With the consent of the Subscriber, any information contained in the Subscriber’s credentials, as well as in the documents requested by the Operator, can be verified at any time by the Operator directly or with the help of third parties specified in clause 13 of this Lease Agreement.
15. In the event of failure of the Equipment through no fault of the Operator (that is, if there are signs of external or internal mechanical, humidity, chemical, temperature effects on the Equipment, etc.), repair of the Equipment is carried out at the expense of the Subscriber in a service center authorized by the Operator or the manufacturer of the Equipment . If repairs are impossible, the Subscriber pays the amount of money specified in clause 12 of this Lease Agreement.
16. The Subscriber does not have the right to sublease the Equipment, transfer his rights and obligations under this Lease Agreement to third parties, pledge the leased rights, independently repair the Equipment, or use the Equipment for purposes other than receiving Services provided by the Operator.
17. The Operator is not responsible for interruptions in the provision of Services in the event of the Subscriber losing the Equipment or malfunctioning through no fault of the Operator.
18. In the event of any disputes or disagreements arising between the Operator and the Subscriber related to this Lease Agreement or the performance or failure of either party to fulfill obligations under the Lease Agreement, the disputed issues are resolved in accordance with clause 6.6. Agreements on the provision of communication services “Home Internet” and “Home digital television “Beeline TV”.
19. This Lease Agreement is concluded by the Subscriber accepting this public offer by signing the Equipment Acceptance/Transfer Certificate by the Subscriber and the Operator or a person authorized by the Operator. When signing Equipment Acceptance and Transfer Certificates, as well as performing other actions in pursuance of the Agreement, including when issuing an invoice/invoice, the Operator has the right to use the facsimile method of reproducing the signature using mechanical or other copying means.
20. This Lease Agreement is an integral part of the Agreement for the provision of communication services “Home Internet” and “Home Digital Television “Beeline TV”, posted on the Website www. beeline. ru. The terms of this Rental Agreement are established by the Operator independently in accordance with current legislation, are a public offer for subscribers who have entered into an Agreement for the provision of communication services “Home Internet” and “Home Digital Television “Beeline TV”, and regulate the relationship between the Subscriber and the Operator when using rental services and television broadcasting via cable network.
21. In all other respects that are not stipulated by the terms of this Lease Agreement, the provisions of the Agreement on the provision of Beeline communication services and the current legislation of the Russian Federation apply.
22. Location and postal address of the Operator:
RF, building 14,
Current account: 40702810600700474305
Recipient bank: Citibank in Moscow
Corr. account 30101810300000000202
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.
Related article
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 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 within 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
