TERMS AND CONDITIONS

USA and Canada
Europe
  1. Scope

    1. The Standard Terms and Conditions of MTEL Homephone Service (hereinafter referred to as the Standard Terms and Conditions or the STC) specified herein shall apply to all orders made through our online store and all business relations between the User and LINK2YU Network LLC, having its registered office in 340 S Lemon Ave #8618 Walnut, California, 91789 (hereinafter referred to as We, our company or LINK2YU). Any other, conflicting or modified Standard Terms and Conditions, even when duly noted, shall not be part of the Contract, unless they are provided with express written consent to their validity.

    2. These Standard Terms and Conditions shall apply to all other business relations between the User and our company, even if they are not expressly stated.

    3. The version applicable upon the conclusion of the Contract shall be considered relevant. The relevant applicable version is available on www.mtel.global or can be requested by phone.

    4. By signing the Contract or clicking a relevant box when shopping on our web portal www.mtel.global, the User confirms that he/she agrees with the Standard Terms and Conditions and personal data protection provisions defined in our Privacy Policy, which constitutes an integral part of these Standard Terms and Conditions. Please, go to the Support section of our website to read our Privacy Policy.

  2. Contracting Parties

    These Standard Terms and Conditions shall apply to consumers in terms of consumer protection regulations. We shall have the right, with respect to any of the plans, to request the User to provide all required data on identity and legal capacity, by submitting official documents such as identity papers and registration of residence, as well as certificates confirming the right of signature and representation.

  3. Modifications to the Standard Terms and Conditions and Services

    1. Modifications to these Standard Terms and Conditions, if they are exclusively in favor of the User, shall take effect no sooner than one day after the date of their announcement. If a modification or modifications are not exclusively in favor of the User, our company shall announce these modifications – unless they refer exclusively to new Users – one month before they go into effect.

    2. If the User does not agree with the modifications, he/she shall be entitled to the extraordinary termination of the Contract before the effective date of such modifications without any extra charges. The termination of the Contract shall be effective as of the receipt date of a Contract termination request at the following address: 340 S Lemon Ave #8618 Walnut, California, 91789 or email address: support@mtel.global .

  4. Conclusion of the Contract

    1. Our offer shall not be biding and shall remain open. We expressly reserve the right to make any modifications. All data and information listed in the price lists on our web portal www.mtel.global or in the printed material shall be non-binding.

    2. By placing an order, the User accepts the Contract as binding. When goods are ordered online, our company shall confirm the validity of the Contract.

    3. We shall be entitled but under no obligation to accept the Contract submitted with the order, within the period of two weeks. Where orders or Contracts are sent electronically, we shall be entitled to accept them within three business days. If we do not send a rejection letter within the above time limits, the received Contract shall be deemed accepted.

    4. LINK2YU shall file the Contract and e-mail to the User order details, the Standard Terms and Conditions and the data protection provisions from the Privacy Policy. The User can find the Standard Terms and Conditions and Privacy Policy at all times on our web portal or can obtain them from our stores.

  5. Services

    1. We provide telecommunications services. In partnership with our mother company MTEL Global d.o.o. Belgrade, Republic of Serbia, we offer the Internet telephony services via VoIP telephones in the network of the Joint Stock Telecommunications Company Telekom Srbija a.d. Belgrade, Republic of Serbia (hereinafter referred to as Telekom Srbija). MTEL Homephone is a service available only via VoIP telephones provided by our company and enables the Users to have the following:

      - Outgoing and incoming calls from/to the users of Telekom Srbija’s fixed-line network and the users of Telekom Srbija’s mobile network;

      - Outgoing and incoming calls from/to the users of MTEL Homephone and MTEL Calling services. The User dials the national area code (e.g. 011xxxxxx or 064/065/066xxxxxx, or 076xxxxxx), followed by a desired number.

      Calls in other networks (national, international, mobile or fixed-line) or to/with operators other than Telekom Srbija are not possible or allowed.

      Calls to emergency services (ambulance and rescue service numbers) are not possible.

    2. The services can be used only from/in the territories of the United States of America (hereinafter referred to as the USA) and Canada. The services of outgoing and incoming calls from/to the users of Telekom Srbija are possible only in the territories of the USA and Canada. Internal calls (calls in MTEL 076 network) are not subject to any restrictions in terms of territory.

      The above mentioned territories shall be considered “the area of Contract validity”.

    3. MTEL Homephone is a prepaid service with a limited period of use. The User may use MTEL Homephone services for a period of 30 days from a plan purchase date. A plan includes a specified number of minutes to be used by the User in the aforementioned time period. Plans including different numbers of call minutes are available.

    4. The User shall be able to buy subscription at any time.

    5. The User shall be able to carry over the unused minutes if he/she buys a new plan before the expiry of a plan he/she is using. Purchase of different plans is allowed.

    6. We offer the following additional services:

      - Three-party conference call;

      - Putting of an incoming call on hold;

      - Call waiting and notification of a new incoming call while already on a call;

      - Caller identification;

      - Do not disturb;

      - Call list.

    7. The billing interval is one second. Calls made in our network (between our company’s users) are toll-free and unlimited.

    8. The services can be used only via VoIP telephones provided and offered for sale by our company (hereinafter referred to as the telephone). The first number shall be provided together with the telephone. The delivered telephones shall be pre-programmed and the settings shall be automatically installed after the first connection. The User shall be provided with a user manual in Serbian/English.

    9. Our services and VoIP telephones are available for purchase on our web portal and directly in our stores. Purchase through official distribution partners is also possible. Our company shall provide a Customer Support Service (see Clause 20).

  6. Web Portal/Online Store

    1. Plans can be purchased, i.e. subscription fee can be paid and a VoIP telephone can be purchased, via our web portal and online store implemented thereon, on www.mtel.global.

    2. The delivered VoIP telephone shall be activated when plugged into a power supply and connected to the User router using network cable.

    3. For this purpose, the User shall have to register and leave the following details, upon first connection:

      - Name and surname;

      - Home address and country;

      - Postal code;

      - Phone number;

      - E-mail address;

      - Date of birth;

      - Delivery address.

    4. Personal data shall be used for the purposes of fulfilling the contractual obligations and shall not be forwarded to third parties.

      We shall exclusively use the following User data:

      a. basic data: name and surname, address, User number and contact details (e.g. e-mail address), information about the type of contractual relationship with our company and the details thereof;

      b. contact details and traffic data: data we process to forward a message to the communications network or for billing purposes;

      c. content and location data;

      d. other personal data placed at the disposal of our company by the User or a third party upon the conclusion of the Contract or in the course of the contractual relationship: date of birth, occupation, data from identity papers, data required for the transfer of funds, the signature and representation authorization.

      The term “other personal data” does not refer to sensitive data, unless the User expressly agreed otherwise.

      The User hereby gives his/her consent that we may use his/her basic data, contact details and traffic data, as well as other personal data, for relevant offers, services and additional services and for personalized offers of phones, products or services from our range.

      The User may withdraw his/her consent at any time.

      In principle, our company shall delete the User data upon termination of the contractual relationship, but no later than all legal obligations regarding data retention cease to exist.

      Our company shall neither keep nor forward credit card data to third parties, as in principle we have no access to such data.

    5. The User shall have an obligation to provide up-to-date data at all times. Incorrect or obsolete data shall be considered to be the sole omission of the User.

    6. The User shall be assigned a number upon initial registration. Upon expiry of 30 days from the last purchase, outgoing and incoming calls from/to Telekom Srbija’s network shall no longer be possible and the User shall lose any remaining unused minutes. The User shall still be able to make calls from/to our network. The User may reactivate his/her account (by purchasing a new plan) at no extra charge up to 90 days after the last purchase. After this period, the provisions stated herein shall apply. If the User fails to buy a new plan or pay the subscription fee within 90 days after the expiry of a plan or subscription, his/her account shall be deactivated and the User shall no longer have the assigned number. In that case, the User shall be required to re-register and pay the activation fee.

      The User may request deactivation of his/her account at any time by calling 076-80-50-100 (this number can be dialed only using MTEL Homephone service) or 312-800-28-59 (at the price of a local call if you are calling from the USA) and by sending an e-mail to support@mtel.global. In this case, the account shall remain active until the expiry of the period which has been paid for and shall be automatically deactivated upon expiry.

  7. Costs

    1. Once the Contract is concluded, we shall issue a bill amounting to the price of the offer.

    2. The dispatch/delivery shall be effected only after the payment of the specified price of the offer.

    3. Bills shall be paid promptly upon receipt. Goods shall be dispatched only after the receipt of payment of the full amount of the offer.

    4. The User shall bear all costs associated with the collection of claims.

  8. Payment Method

    Our online store offers the following payment options to the User:

    - Credit card

    A credit card shall be debited only when we accept an offer.

    - Transfer of funds/Payment on delivery

    In this case, the User receives an e-mail containing the notice of the amount to be paid, GO4YU account details, and the data required for the transfer of funds. If the payment is made by a payment slip, the relevant payment confirmation needs to be e-mailed to our company (support@mtel.global). In some territories, it is possible to pay on delivery.

    For consumers, the sales tax shall be specified upon non-binding registration, as soon as a corresponding tax rate is calculated based on the User’s place of residence.

  9. Terms of Delivery

    1. We shall use local postal companies or courier services (e.g. Shipping Easy) to ship goods. Goods shall be shipped at the expense and responsibility of the User. Shipping costs shall be included in the final price of the offer.

    2. Delivery shall be made to the address specified by the User.

  10. Transfer of Risk – Service Provision

    1. We shall ship goods under the terms and conditions referred to in Clause 9.

    2. Upon shipping the purchased goods, the risk of accidental loss or accidental damage to the goods passes on to the forwarding agent, loading and unloading service or any other person or organization responsible for delivery.

    3. If the User is in default in terms of taking over the goods, the goods shall still be considered delivered.

    4. When taking over the goods, a consumer shall inspect goods for damages and report any identified damages in writing without any delay. If the User fails to promptly report the identified damages, he/she shall forego any voluntary warranty. The User’s legal right to a warranty and our company’s legal liability shall remain in force.

    5. The User hereby agrees that our company may appoint other companies or services for the performance of relevant activities.

  11. Right of Withdrawal and Cancelation

    1. If the User is a consumer, he/she shall be entitled to terminate the Contract concluded online or outside our offices within the period of 14 days, without stating reasons for termination. The cancellation notice shall be provided in writing or by e-mail to the following address:

      LINK2YU Network LLC, 340 S Lemon Ave #8618 Walnut, California, 91789

      E-mail: support@mtel.global

    2. The aforementioned period shall commence upon the final receipt of goods by the User. In case of partial delivery, the aforementioned period shall commence upon receipt of the final delivery, and in case of the Contract on regular deliveries to be made in specified time intervals, upon the receipt of the first delivery by the User.

    3. The goods shall also be considered delivered when such goods are taken over by a third party authorized by the User.

    4. In case of cancellation of the purchase, the User shall bear the costs of returning goods. All risks of returning goods shall be solely borne by the User. The User shall also be responsible for any potential damage to the goods returned. Our company shall have an obligation to refund any paid amounts within the period of 14 days after the receipt of goods returned, thereby retaining the right to reduce the amount of refund for the value of damaged goods.

  12. Warranty

    1. Legal provisions governing warranty shall apply to individuals.

    2. Warranty period with respect to consumers shall be 12 months.

    3. Burden of proof with respect to alleged claims shall be entirely on the legal entity.

    4. We provide a warranty period of 12 months from the purchase date for VoIP telephones purchased from our company.

  13. Disclaimer

    1. Apart from the liability specified under the Product Liability Law, our liability shall be limited to premeditation or gross negligence. Therefore, liability for mild negligence and compensation of damages arising therefrom or damages caused to property shall be excluded. This limitation of liability shall apply only to legal entities.

    2. We assume no responsibility for the quality of the Internet connection or any other User network.

  14. Termination of Contract

    Contracts made based on these Standard Terms and Conditions shall be terminated under the following circumstances:

    1. If the User fails to submit required data in a timely manner;

    2. Ordinary termination of the Contract;

    3. Extraordinary termination of the Contract;

    4. Death of a contracting party;

    5. Initiation of a bankruptcy proceeding against the assets of a contracting party;

    6. General suspension of service provision, which may occur at the earliest three months after its announcement on the Internet; or

    7. Upon expiry of the contract period.

    The provisions on the Contract termination shall also apply to the termination of individual services subsequently agreed by the contracting parties.

  15. Ordinary Termination of the Contract

    1. Unless the provisions on extraordinary termination of the Contract apply and unless otherwise specified by the payment collection provisions, both parties shall have the right to terminate the Contract by the end of each calendar day, given a one-month notice period. The Contract termination notice must be provided to the counterparty in writing, at least one month before the scheduled entry into force. In case of late provision of such notice, the termination of the Contract shall become effective one month after the provision of the termination notice.

    2. Contract on fixed-term obligations shall be terminated upon expiry of the contract period. Such a Contract shall not be subject to an ordinary termination by either of the parties.

  16. Extraordinary Termination of the Contract

    1. Provided that the conditions referred to in these paragraphs are met, both parties shall be entitled to terminate the Contract by the end of any business day. The Contract termination notice must be provided to the counterparty in writing and on the date when such notice is scheduled to take effect. Saturday, Good Friday, December 24 and December 31 shall not be deemed to be business days.

    2. Our company shall have the right to terminate the Contract and block any further use of the service if it finds the continuation of contractual relationship to be unacceptable. Therefore, our company shall be entitled to block the connection. This shall apply in the following cases:

      1. When we become aware of the facts justifying rejection of contractual relationship, in accordance with Clause 4;

      2. When the User violates any of the material contractual obligations, and in particular those that would, under the applicable laws, justify cancelling of the account — pursuant to a decision of a competent authority, as appropriate;

      3. When the User no longer has legal capacity and fails to submit a statement on the liability of a legal representative;

      4. When misuse is suspected,

      5. When there is reasonable doubt that the User will misuse the services and the services associated therewith, primarily in terms of fraud, or tolerate such misuse by third parties,

      6. When there is reasonable doubt that the User will use the assigned point of connection for the evasion of telecommunication liabilities; or

      7. When there is reasonable doubt that services provided by our company to the User are used for the evasion of liabilities primarily by a third party, with respect to whom reasons for the Contract denial, as referred to in Clauses 1 through 8, have been determined.

      We shall have the right to send an effective Contract termination notice to the User via SMS or e-mail if the User specified a relevant e-mail address or SMS telephone number as delivery address and agreed to receive notifications to that e-mail address or SMS telephone number.

    3. The User shall have the right to terminate contractual relationship if any of the key points of the services specified herein is not complied with in spite of the submission of an adequate request, in the period of at least two weeks. The right to an extraordinary termination of the Contract shall not apply if the deficiency arises from insufficient power supply at the point of connection, where a contractual party has been aware or must have been aware of such a shortcoming upon the conclusion of the Contract, or if the termination of the Contract comes after such deficiency has been remedied.

  17. Death of a Contracting Party

    Legal successor of a contracting party shall have an obligation to notify us without any delay about the death of the contracting party. If a third party does not submit a request for assumption of the contractual relationship within two weeks after the notice of death, the Contract shall be considered terminated upon the death of the contracting party. Notwithstanding other provisions, legal successors shall bear all expenses incurred in the period between the death of the contracting party and the submission of the notice thereof.

  18. Final Provisions

    1. These Standard Terms and Conditions shall be governed by the substantive laws of the State of California.

    2. Any disputes arising from this Contract shall be settled by a court having subject-matter and territorial jurisdiction over LINK2YU.

    3. The User shall submit complaints on issued bills within the period of three months from the bill issuance date, or otherwise the billed amount shall be considered expressly acknowledged. Our company shall advise the User of the aforementioned time limit and the consequences of non-compliance. If, after we have made a relevant review, the User’s complaint is found to be unfounded from our viewpoint, if applicable, the User may file for mediation with a relevant regulatory body within one year after the complaint submission, under the threat of losing the right to complaint, and, within one month after the conclusion of the mediation proceeding without any result, the User may seek to resolve the dispute through legal means. The procedure conducted to review the allegations and the mediation procedure as referred to above shall not affect the jurisdiction of the ordinary courts. If the User does not express any compliant within three months after the delivery of the bill, the bill shall be considered accepted as valid; such an acceptance shall not exclude judicial contestation.

    4. Our company shall be the sole holder of the copyrights and trademark rights in connection with our phones and services.

    5. Customer Support Service

      We shall provide Customer Support Service to all users of MTEL Homephone services.

      - Customer Support Service contact details

      Support regarding the use of MTEL Homephone services can be obtained by sending an e-mail to support@mtel.global or by calling Customer Support Service to the following telephone numbers: 076-80-50-100 (this number can be dialed using MTEL Homephone service or MTEL Calling service, and from mobile and fixed-line numbers in Telekom Srbija’s network), +1-312-870-75-85 (at the price of a local call if the call is made from the USA), +1-437-536-92-62 (at the price of a local call if the call is made from Canada), and by Online Chat option available on www.mtel.global. Calls to the number 076-80-50-100 are toll-free if made from MTEL 076 network.

      - Technical Problem Reports

      The User shall have an obligation to report a technical problem to the Customer Support Service, within a reasonable period of time (not longer than 24h after its occurrence). The User can report the occurrence of a technical problem by sending an email to support@mtel.global or by calling the Customer Support Service on 076-80-50-100 (this number can be dialed using MTEL Homephone service or MTEL Calling service, and from mobile and fixed-line numbers in Telekom Srbija’s network ), +1-312-870-75-85 (at the price of a local call if the call is made from the USA), +1-437-536-92-62 (at the price of a local call if the call is made from Canada), and by Online Chat option available on www.mtel.global. Calls to the number 076-80-50-100 are toll-free if made from MTEL 076 network.

      In case a relevant authority declares any of the provisions of these Standard Terms and Conditions to be invalid or unenforceable, such provision shall be replaced with a valid and enforceable provision whose effect and purpose come as close as possible to those of the original provision, and all other provisions shall remain in full force and effect. If the unenforceable provision cannot be replaced with another provision, such a provision shall not affect the validity and enforceability of other provisions of these Standard Terms and Conditions.

      These Standard Terms and Conditions shall come into force when signed by the User or by clicking a relevant box upon application activation and online shopping.

      Last updated: October 12, 2020

  1. Scope of application

    1. Terms and Conditions specified hereinafter shall apply to all orders made through our online store and all business relations between us and Users (including Contracts made at the premises of our distribution partners). Any other, conflicting, modified or amended General Terms and Conditions shall be considered applicable only if provided with an express, written consent to their validity.

    2. These General Terms and Conditions shall apply to all other business relations between us and Users, even when they are not expressly stated.

    3. The version applicable upon signing the Contract shall be considered relevant. The Relevant applicable version is available on the Internet portal www.mtel.global or it can be requested by phone.

    4. By signing the Contract, the User acknowledges and confirms that he agrees with our General Terms and Conditions.

  2. Contracting Parties

    These General Terms and Conditions shall apply to Consumers in terms of the Law on Consumer Protection, whereas for Entrepreneurs they shall apply only in case of explicitly offered services. If legal entities and natural persons are not expressly specified hereinafter, this provision shall apply to both. GO4YU shall be entitled to request from Users of any package to provide all required data on the identity, legal and business capacity. In such a case, the User shall provide official documents such as identification documents and registration of residence, as well as the confirmation of the right of signature and representation.

  3. Modifications and amendments to the General Terms and Conditions

    1. Modifications to these General Terms and Conditions, if they are exclusively in favour of the User, shall take effect no earlier than the day after the date of their announcement. If a modification or modifications are not exclusively in favour of the User, GO4YU shall announce these modifications - unless they refer exclusively to new users - two months before the effective date. The essential content of the modifications which are not exclusively in favour of the User, as well as the note referring to the Article 25, paragraph 3 of the Telecommunication Act (2003) shall be communicated to the User at least one month before the effective date. Termination of the Contract by the User subject to the Article 25 (3) of the Telecommunication Act shall enter into force on the date of receipt of such a termination by us, if the User has not specified a different date of termination of the Contract.

    2. If the User does not agree with the modifications, he/she shall be entitled to an extraordinary termination of the Contract until the effective date of such modifications without any additional charges. Termination of the Contract shall enter into force upon the receipt of such termination.

    3. If GO4YU makes modifications in accordance with the Article 25 of the Telecommunication Act, the User shall be notified about foreseen modifications by mail. If the User has given his/her consent to receiving any notification by electronic means, such notice shall be sent in electronic form.

    4. If GO4YU makes any modifications or amendments in accordance with the Article 25 of the Telecommunications Law, the User shall be duly notified on all foreseen modifications and amendments via e-mail.

  4. Conclusion of the Contract

    1. Our offer is not binding and shall remain open. We shall expressly reserve the right to make any modifications and amendments. All data and information contained in the Price List posted on our Internet portal and given in printed materials shall also be non-binding.

    2. By accepting the offer, the Contract shall become binding for the User. Upon making an online order, we shall confirm the validity period of the Contract.

    3. Within the period of two weeks, we shall be entitled, but not obliged, to accept the Contract provided with the order. In case of orders, i.e. Contracts received in electronic form, we shall be entitled to accept them within three working days. If, within the abovementioned periods of time, we do not send a written rejection letter, the received Contract shall be deemed accepted.

    4. We shall store the Contract, and you shall receive via e-mail all data on the relevant order, our General Terms and Conditions and all provisions on data protection contained in such orders. These general Terms and Conditions are available at all times on this Internet page. For safety purposes none of the former orders can be accessed online.

  5. Services

    1. GO4YU provides services in the field of telecommunications. In cooperation with MTEL Global d.o.o. Beograd (telecommunication company registered in the Republic of Serbia) we offer telephony services provided over the Internet, through special VoIP phone devices within the Telekom Srbija network. GO4YU Homephone service is only available through our VoIP telephone devices and enables our users to have the following:

      - Outgoing and incoming calls to/from users of landline network of Telekom Srbija, as well as users of mobile network of Telekom Srbija,

      - Outgoing and incoming calls to/from users of GO4YU Homephone services. Such User shall dial national area code (e.g. 0011xxxxxx or 064/065/066xxxxxx, or 076xxxxxx), followed by a desired number.

      Calls towards other networks (national, international, mobile or landline) i.e. towards operators, other than Telekom Srbija, are not possible or allowed.

      Emergency calls (ambulance and rescue service numbers) are not possible.

    2. Services can only be used from/on the territory of the European Union (except Slovenia and Croatia as well as Bosnia and Herzegovina, Serbia, Montenegro, FYR Macedonia), Switzerland and Norway. Outgoing and incoming calls to/from users of Telekom Srbija are possible only in the territory of the European Union (except Slovenia and Croatia as well as Bosnia and Herzegovina, Serbia, Montenegro, FYR Macedonia), Switzerland and Norway. There are no territorial restrictions regarding internal calls (within GO4YU network with area code 076).

      The abovementioned area shall be considered as the “reference Territory”.

    3. GO4YU Homephone service is a “prepaid” service with limited period of use. A User can use GO4YU Homephone services for a period of 30 days, starting from the date of package purchase. The package includes a certain number of minutes that the User can use within this period of time. Packages of different sizes are offered.

    4. The User shall have the option to pay for the subscription. In this case, the User shall be allowed to transfer all unused minutes from a package he subscribed for to the following package.

    5. The User shall be allowed to transfer all unused minutes if he buys a new package prior to the expiry of the plan. Different packages may be purchased.

    6. We offer the following additional services:

      - Conference calls;

      - Putting an incoming call on hold;

      - Call waiting and notifications on new incoming call during a conversation;

      - Caller identification (CLIP);

      - Call list.

    7. A charging interval is one second. Calls within GO4YU network (from one GO4YU user to another GO4YU user) are free of charge and unlimited.

    8. These services can only be used through GO4YU telephone devices. The User can buy the device through the company GO4YU. The first number shall be provided with the phone. The delivered telephone devices shall be pre-programmed, and relevant settings shall be automatically installed after the first connection, whereas the User shall receive instructions manual in Serbian/German language.

    9. Both services and telephone devices are available for purchase on our Internet portal and directly, in our offices. They can also be purchased via our official distributors. GO4YU shall provide a Customer Service (see Clause 20).

  6. Internet portal / online store

    1. Purchasing a package, i.e. closing a subscription and purchasing a VoIP telephone device may be performed via our Internet portal and online store.

    2. Activation of the delivered telephone device shall be performed only after the registration on our Internet portal.

    3. For this purpose, the User shall be obliged to perform a registration upon first connection and leave the following details:

      - Name and surname;

      - Address of residence and country;

      - Postal code;

      - Telephone number;

      - E-mail address;

      - Date of birth;

      - Delivery address.

    4. All personal data used for the purpose of fulfilling contractual obligations shall not be disclosed to third parties.

      GO4YU shall use exclusively the following user data:

      a. basic information: name and surname, academic title, address, user number, and contact information (e.g. e-mail address), information about the type and details of the contractual relation with GO4YU as well as about the solvency of the User (Article 92 of the Telecommunications Law, 2003);

      b. contact details and traffic information: data processed by GO4YU and forwarded to communication network or used for further billing (Article 92 of the Telecommunications Law, 2003);

      c. information about the content and location (Article 92 of the Telecommunications Law, 2003);

      d. other personal data made available to the company GO4YU by the User or a third party upon the conclusion of the Contract or during the contractual relation: date of birth, occupation, data from identity documents, the data required for the transfer of assets, the signature and representation authorization. The term other personal data does not refer to sensitive data in terms of the Law on Personal Data Protection (2000), unless the User expressly agreed otherwise.

      GO4YU shall use basic data of the Users and contact and traffic details in order to provide communication services subject to the Article 96ff of the Telecommunications Law (2003). Data on the content and location of the GO4YU User shall be processed in accordance with the Articles 101 and 102 of the Telecommunications Law (2003). GO4YU shall use other personal data of its Users for the purpose of Contract execution.

      The User hereby acknowledges and agrees that GO4YU shall be allowed to use his basic data, contact and traffic data, as well as all other personal data for the purpose of relevant offers, services and additional services, as well as for the purpose of preparing a personalized offer of mobile phones, products or services from GO4YU product range.

      The User shall be entitled to withdraw his consent at any time.

      As a principle, GO4YU shall delete all basic User data after the termination of the Contract, and no later after the cessation of all legal obligations regarding keeping personal data, subject to the Article 212 of the Commercial Code or the Article 207f of the Federal Regulation on Contributions. GO4YU shall delete User’s contact and traffic data in accordance with the Article 99 of the Telecommunications Law (2003) immediately after the transfer of assets and if within the period of three months no written complaints to payment are submitted. GO4YU shall not delete User data if a complaint is filed in a timely manner, within a reasonable period of time during which the bill may be legally contested, if the bill is not paid, within the period during which it is possible to exercise the right to collection or until the final decision, if a proceeding has been initiated regarding the billed amount.

      Contact and location data shall be kept in accordance with the Articles 101 and 102 of the Telecommunications Law (2003).

      User shall be obliged to notify in advance all persons sharing its terminal on data processing and disclosing contact and traffic data. In case of consent withdrawal, the User is entitled to, GO4YU shall be obliged to delete all data obtained through the specified companies, without any delay.

      GO4YU shall neither keep credit card data nor forwards such data to any third party, since, in general, GO4YU has no direct access to such data.

    5. The User shall be obliged to provide up-to-date data at all times. Incorrect or obsolete data shall be considered to be the sole omission of the User.

    6. A number shall be assigned to every User upon the initial registration. 30 days after the last purchase, outgoing and incoming calls to/from the Telekom Srbija network shall not be allowed anymore and the User may possibly lose all remaining unused minutes. The User shall still be able to make calls from/to the GO4YU network. The User shall be able to reactivate his account (by purchasing a new package) in the period of maximum 90 days after the last purchase at no additional charge. After the expiry of such period, the provisions stated above shall apply. If within this 90-day period after the package or subscription expiry the User fails to purchase another package or subscription, his account shall be deactivated and the User shall lose the assigned number. In such case, the User shall be obliged to undergo the process of registration once again and pay relevant activation fee.

      The User shall be entitled to request the deactivation of his account at any time by calling the phone number 076-80-50-100 (this number can be reached only from the number assigned to the User for the purpose of GO4YU Homephone services) or 43-720-828-008 (at the price of a local call, if dialed from Austria) or by sending an e-mail to the following e-mail address: support@mtel.global. The User may personally deactivate his account on the Internet portal www.mtel.global. In this case the account shall remain active until its expiry of the paid period and shall be automatically deactivated upon expiry.

  7. Costs

    1. The bill, in the amount of the total price of the offer, shall be delivered upon signing the Contract.

    2. Provision, i.e. delivery shall be effected only after receiving the total payment of the entire price of the offer.

    3. If the User subsequently requests changes, he shall be charged for additional services.

    4. All invoices shall be paid immediately. Goods are delivered only after the receipt of payment of the entire amount of the offer. If the User is in default, the following provisions shall apply:

      - In case of late payments from natural person, the default interest at the annual rate of 4% shall be applied;

      - In the case of late payments by legal entities, the provisions of the Article 456 of the Commercial Code shall be applied.

    5. The User shall be obliged to bear all costs associated with the collection of receivables.

    6. In case of subscription, the User shall be obliged to submit a special approval for collection of receivables by debiting. If the billed amount is not paid, i.e. if the collection of receivables is not possible, the User’s account and access shall be automatically suspended.

  8. Payment method

    The following options shall be offered to the User for making relevant payments:

    - Credit card

    Credit card shall be debited only when GO4YU accepts an offer.

    - Transfer of assets / Payment on delivery

    In this case, the User shall receive an e-mail containing the notice on the amount to be paid and all details on the relevant account of GO4YU, as well as all data required for successful transfer of assets. If the payment is made by a payment slip, a relevant payment confirmation should be sent to the company GO4YU by e-mail (to the address: support@mtel.global). Payment on delivery is an available payment option in certain regions.

    For all legal entities all applicable prices include relevant sales tax. For individual Clients, sales tax shall be specified upon non-binding registration, as soon as the corresponding tax rate is calculated based on the User’s place of residence.

  9. Terms of delivery

    1. Goods shall be sent via local postal companies or courier services (e.g. DHL). Goods shall be sent at the expense and responsibility of the User. Transportation costs shall be included in the final price of the offer.

    2. Delivery shall be performed to the address specified by the User.

    3. The Goods ordered online may be personally taken over only in the territory of Vienna.

  10. Proprietary rights

    1. All ordered goods shall remain the property of GO4YU until the entire payment thereof.

    2. In case of natural persons, we shall reserve the proprietary rights over the purchased goods until full payment of the amount debited to the account.

    3. In case of legal entities, we shall reserve the proprietary rights over the purchased goods until the final settlement of all outstanding liabilities arising from the business relation with the ordering party. Appropriate surety instruments may be transferred to third parties.

    4. The User shall be entitled to compensation only if his claims are legally binding or if we have acknowledged them in writing. In addition, the User shall have a retention right only if and to the extent to which his claim is based on the contractual relation.

    5. If the User is in default regarding the settlement of his liabilities towards us, he shall be obliged to make all due payments immediately, without any delay.

    6. The User shall be obliged to handle the goods with due care until full payment thereof and cancelling relevant proprietary rights.

    7. In addition, the User shall be obliged to inform us without any delay about any access or potential access of third parties, as long as GO4YU reserves the proprietary right over the equipment.

    8. We shall be entitled to terminate the Contract if the User acts contrary to provisions of the Contract, particularly in case of non-payment of the purchase price.

  11. Transfer of risk – Service provision

    1. GO4YU shall deliver Goods in accordance with the terms and conditions referred to in the Clause 8.

    2. When delivering purchased goods the risk of accidental loss or accidental damage to the goods passes onto the forwarding agent, loading and unloading service or any other person or organization responsible for delivery.

    3. If the User is in default in terms of taking over the goods purchased, the goods shall still be considered delivered.

    4. Upon takeover, a client shall be obliged to inspect goods for damages and to report all potentially identified damages in writing without any delay. In case of legal entities, see the clause 13.2. If the User fails to report the identified damages immediately, he/she shall lose the right to any voluntary warranty. The legal right of the User to a warranty and legal liability of the company GO4YU shall remain in force.

    5. The User hereby agrees that we shall be entitled to appoint other companies and services for the execution of relevant activities.

  12. Right of withdrawal and cancellation

    1. If the User is a natural person, he/she shall be entitled to terminate the Contract concluded online or outside our offices, within the period of 14 days, without stating reasons for termination, all in accordance with the Article 11ff of the Law on Remote Business Practice. The cancellation notice shall be sent in writing or by e-mail to the following addresses:

      GO4YU GmbH

      Mariahilfer Strasse 103/8, 1060 Wien

      E-mail: support@mtel.global

    2. The period referred to in the previous paragraph shall commence upon the final receipt of goods by the User. In case of partial delivery, the aforementioned period shall commence upon receipt of the final delivery, whereas in case of the Contract on regular deliveries, such a period shall commence within a specified period of time, upon the receipt of the first delivery by the User.

    3. The goods shall also be considered delivered when such goods are taken over by a third party authorized by the User.

    4. In case of cancellation of the purchase, the User shall bear the costs of returning relevant goods. Such goods shall be returned within the period of 14 days after the cancellation of purchase, by filling in the form available on our Internet portal. The User shall bear all risks of returning goods. The User shall also be held responsible for any potential damage of the goods returned. GO4YU shall be obliged to return all paid amounts within the period of 14 days after the receipt of goods returned, thereby retaining the right to reduce the amount of refund for the value of damaged goods.

  13. Warranty

    1. Legal provisions referring to the warranty shall apply to all natural persons.

    2. Each Client shall be granted a warranty period of 2 years. In case of signing a Contract with a natural person, which foresees repayment in installments, such a period shall be extended until the payment of the last installment, whereby the User shall retain the right to use the warranty if he/she reports a defect to the company GO4YU until that date.

    3. Legal entities shall bear all expenses of proving alleged claims in their entirety.

    4. In addition to the above mentioned, we provide a 12-month warranty period for all telephone devices.

  14. Disclaimer

    1. Apart from the liability specified by the provisions of the Product Liability Law, our liability shall be limited to premeditation or gross negligence. Therefore, liability for mild negligence and compensation of damages caused by it or damages caused to property shall be excluded. This limitation of liability shall apply only to legal entities.

    2. GO4YU shall assume no responsibility for the quality of the Internet connection or some other User network.

  15. Termination of the Contract

    Contracts based on these General Terms and Conditions shall be terminated under the following circumstances:

    1. If the user fails to submit required data in a timely manner;

    2. Ordinary termination of the Contract;

    3. Extraordinary termination of the Contract;

    4. Death of a Contracting Party;

    5. Initiation of a bankruptcy proceeding regarding the property of a Contracting Party;

    6. General suspension of service provision, which may occur at the earliest three months after its announcement on the Internet; or

    7. Upon the expiry of the contract period.

    The provisions on the termination of the Contract shall also apply to the termination of individual services subsequently agreed by Contracting Parties.

  16. Ordinary termination of the Contract

    1. If provisions on extraordinary termination of the Contract do not apply and unless otherwise specified by the provisions on the payment collection, both Contracting Parties shall have the right to terminate the Contract by the end of the calendar year, with a one-month notice period. The termination of the Contract must be submitted to the counterparty in writing, at least one month before the scheduled entry into force. In case of late submission, the termination of the Contract shall enter into force one month after the submission of the notice thereof.

    2. Contract on fixed-term obligations shall be terminated upon the expiry of the contract period. Such a Contract shall not be subject to an ordinary termination by any of the Contracting Parties.

  17. Extraordinary termination of the Contract

    1. If all conditions referred to in these paragraphs are met, both Contracting Parties shall be entitled to terminate the Contract by the end of any business day. Termination of the Contract must be submitted in writing and sent to the counterparty on the date foreseen for its entry into force. Saturday, Good Friday, and December 24th and 31st shall not be regarded as business days.

    2. GO4YU shall have the right to terminate the Contract and block the access to the service if the continuation of the contractual relation is unacceptable. Therefore, GO4YU shall be entitled to block the connection. This shall be applied in the following cases:

      1. when GO4YO becomes aware of the facts which represent reasonable grounds to deny concluding a contractual relation in accordance with the clause 4,

      2. when the User is in default regarding payments in favour of GO4YU even after receiving relevant warning before blockade and determining additional period of at least two weeks,

      3. when the User violates some other fundamental contractual obligation, in particular those obligations whose violation would represent reasonable grounds for cancelling the account in accordance with the Telecommunication Act – as well as based on a decision of a competent state authority, if appropriate,

      4. when the User no longer has legal and business capacity, and fails to submit the statement on the liability of the legal representative,

      5. when there is reasonable doubt on the existence of misuse,

      6. if foreseen by the contract signed with Telekom Srbija; in such a case, the blockade shall refer only to the services of the relevant distributor or provider,

      7. if there is reasonable doubt that the User shall misuse telecommunication services and all related services, primarily in terms of fraud or tolerate such this misuse by third parties,

      8. if there is reasonable doubt that the User shall use the assigned point of connection for the evasion of telecommunication liabilities, or

      9. if there is reasonable doubt that services provided by the company GO4YU to the User shall be used for the evasion of liabilities primarily by a third party, for which reasons for Contract denial, referred to in the clauses 1 to 8, have been determined.

      GO4YU shall have the right to send an effective notice of termination of the Contract to the User, via SMS or e-mail message, if the User specified relevant e-mail address, i.e. SMS telephone number and gave his/her consent for receiving notifications via e-mail, i.e. SMS.

    3. The User shall be entitled to terminate the Contract if (i) certain key point of service provision within the specified scope of service has not been complied with in the period of at least two weeks, in spite of the submitted claim, or (ii), despite remedying relevant defects maintain the Contractual relations is unacceptable for the User. In addition, an extraordinary termination of the Contract shall also be possible in accordance with the Article 25 of the Telecommunication Act (2003). The right to an extraordinary termination of the Contract cannot be exercised in case of insufficient power supply at the point of connection, whereby the contracting party has been aware or must have been aware of such insufficiency upon the conclusion of the Contract, or if the termination of the Contract results from remedying defects.

  18. Death of a Contracting Party

    Legal successor of the Contracting Party shall be obliged to notify GO4YU without any delay about the death of the Contracting Party. If a third party does not submit a request for assumption of all rights and obligations arising from a contractual relation within the period of two weeks after the death of a Contracting party, the Contract shall be considered terminated upon the death of the Contracting Party. Notwithstanding other provisions, legal successors shall bear all expenses incurred in the period between the death of the Contracting Party and the submission of the notice thereof.

  19. Initiation of a bankruptcy proceeding regarding the property of the User

    If a bankruptcy proceeding has been initiated against the User or a request for initiating a bankruptcy proceeding has been rejected due to the lack of funds to cover the costs thereof, GO4YU shall be entitled to prevent the access or to restrict the provision of services until the submission of appropriate security. The trustee in bankruptcy may extend the Contract period until the final completion of the procedure. For this purpose, and within the period of 7 days after initiating the bankruptcy proceeding, he shall be obliged to submit the security, i.e. make an advance payment or to submit a personal guarantee for all payments and compensations of damages caused by the bankruptcy proceeding. If a trustee in bankruptcy is not appointed, the User may request the continuation of the contractual relation in writing - provided that the Contracting Party submits the guarantee or makes the advance payment within the same period of time. Important notice: If the User or the trustee in bankruptcy fails to submit the above mentioned written request within the specified period of time, GO4YU shall assume that there is no interest in the continuation of the contractual relation. Therefore, the contractual relation shall be terminated.

  20. Final provisions

    1. These General Terms and Conditions shall be subject to the substantive law of the Republic of Austria. United Nations Convention on Contracts for the International Sale of Goods shall not apply.

    2. The court having actual and local jurisdiction over GO4YU shall be considered competent for resolving all disputes arising from this Contract.

    3. The above mentioned provision shall apply to natural persons if the User’s address of residence, usual place of residence or place of work are under actual and local jurisdiction of the competent court, referred to in the Clause 12.2. If the User’s permanent place of residence is abroad, the Article 17 of the Regulation (EC) 44/2001 (EugVVO - Jurisdiction and the recognition of enforcement of final decisions in civil and commercial disputes) of the Council of the European Union, shall apply.

    4. The User shall be obliged to submit appeals to delivered invoices within the period of three months from the date of invoicing, otherwise the claim shall be considered expressly acknowledged and accepted. GO4YU shall inform the User on the aforementioned deadline, as well as the consequences of non-compliance. If, after performing relevant revision, GO4YU determines that the User’s appeal is unfounded from the point of view of GO4YU, the User shall be entitled to initiate a mediation procedure with the relevant statutory authority, (Ltd. Competent for the matters of radio-television and telecommunications), within the period of one year after the submission of relevant appeal, under the threat of losing the rights to an appeal. The User shall also have the right to request a dispute settlement through legal means within the period of one month after the completion of the mediation procedure without any result. The abovementioned procedure of revising the allegations and mediation shall not affect the jurisdiction of the ordinary courts. If the User does not express any objection within three months from the receipt of the invoice, it shall be considered as accepting the validity thereof. Such an acceptance shall not exclude judicial contestation.

    5. Without prejudice to the jurisdiction of ordinary courts, the User shall have the right to refer to the competent statutory authority in order to settle disputes or complaints (regarding the quality of service, unsatisfactory resolution of disputes regarding payment or alleged violation of the Telecommunications Law, 2003). The User shall be obliged to submit the relevant request to the mediation authority within one month after the receipt of the written response from GO4YU to the complaint about the received invoice or any other complaint of the User. The mediation procedure shall be possible only if the complaint refers to a telecommunication service. The official form required for this procedure as well as detailed information about the course, prerequisites and possible costs of the mediation procedure are available on the following Internet page: www.rtr.at/schlichtungsstelle.

    6. If any provisions of these General Terms and Conditions or the Contract with the User become null and void, they shall be replaced with other provisions having similar purpose. This shall not affect the validity of the remaining provisions of the Contract.

      All modifications and amendments to these General Terms and Conditions shall be regarded as valid only if formulated in writing. This shall also apply to all Contracts between the User and us.

    7. The company GO4YU shall be the sole holder of the copyrights and trademark rights referring to GO4YU devices and services.

    8. Customer support service

      Company GO4YU shall provide Customer Support Service to all users of GO4YU Homephone services.

      - Customer Support Service contact details

      You may obtain necessary support regarding the use of GO4YU Homephone services by sending an e-mail to the address support@mtel.global or by calling the Customer Support Service to the following telephone number 076-80-50-100 (this number can be dialed using GO4YU Homephone services) or the phone number 43-720-828-008 (at the price of a local call if the user makes the call from Austria), 49-231-992-176-00 (at the price of a local call if the user makes the call from Germany), 41-435-777-000 (at the price of a local call if the user makes the call from Switzerland), 44-330-777-22-07 (at the price of a local call if the user makes the call from United Kingdom), 42-023-409-47-44 (at the price of a local call if the user makes the call from Czech Republic), 46-812-163-030 (at the price of a local call if the user makes the call from Sweden), 33-188-599-773 (at the price of a local call if the user makes the call from France), every day, 24/7/365, as well as by Online-Chat option available on the Internet portal www.mtel.global. All calls to the number 076-80-50-100 are toll-free if dialed from the 076 network.

      - Reporting technical problems

      Within a reasonable period of time (not longer than 24h after the occurrence of a technical problem), the User shall be obliged to report such a problem to the Customer Support Service. The User may report any interference or technical problems by sending an e-mail to the address support@mtel.global or by calling the GO4YU Customer Support Service to the following telephone number 076/80-50-100 (this number can be dialed using GO4YU Homephone services or GO4YU Calling service) or the phone number 43-720-828-008 (at the price of a local call if the user makes the call from Austria), 49-231-992-176-00 (at the price of a local call if the user makes the call from Germany), 41-435-777-000 (at the price of a local call if the user makes the call from Switzerland), 44-330-777-22-07 (at the price of a local call if the user makes the call from United Kingdom), 42-023-409-47-44 (at the price of a local call if the user makes the call from Czech Republic), 46-812-163-030 (at the price of a local call if the user makes the call from Sweden), 33-188-599-773 (at the price of a local call if the user makes the call from France), every day, 24/7/365, as well as by Online-Chat option available on the Internet portal www.mtel.global. All calls to the number 076-80-50-100 are toll-free if dialed from the 076 network.

      GO4YU shall endeavour to remedy all technical problems as soon as possible.