Terms & Conditions

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Company Service (Terms & Conditions)

1) In this contract:

 (a) “Charges” means any monthly tariff­s, installation, activation, connection charges and/or surcharges/tax/GST applicable to the activated Services at the rates published by Company.

 (b) “Equipment” means Customer Premises Equipment CPE, including broadband modem, Set Top Box (“STB”), fiber device, telephone equipment, wire (including RUIM Card, accessories) supplied to the Customer by Company.

(c) “Service(s)” means all and/or any Service(s) categorically described overleaf as elected by the Customer subject to any modification and variation by Company from time to time.

(d) “Encryption Device” means any device used to protect and/or secure data / voice transmissions.

2) Provision of Services by Company: (A) Company will establish and maintain the Connection and will endeavor to make the desired Service(s) available to the Customer throughout the term of this contract. (B) All or any Service(s) will be provided in accordance with the applicable law and Company Policy. (C) All Equipment, except paid, will remain the asset of Company and customers are bound to return the Equipment in its original working condition in the event of termination of Service(s).

3) Payments and Charges:

(A) All the Payments and Charges for the Service(s) under this Contract shall exclusively be determined/revised by Company from time to time. The revised Tariff­ or Charges shall be notified to customer through Electronic or Print Media. The revised Charges will apply to the Customer from the date of notification. (B) The Customer shall unconditionally pay all applicable charges mentioned in the invoice within the specified time. (C) Failure to make Payment within due date would: (i)Result in immediate disconnection / suspension / termination of the Service and Contract; (ii) Render the Customer to pay outstanding amounts due to Company; and in case of disconnection an extra surcharge shall be payable by the Customer, on the amount outstanding at the rate of 2% per month above KIBOR, in addition to the Bank Rate per annum pro-rated weekly, and in the absence of KIBOR, other rate determined by Company pro-rated weekly. (iii) Give Company a right to suspend / disconnect Service(s) to any or all other Connections held by the Customer; (D) Render the Customer to pay applicable reconnection charges, if a reconnection is requested, and before reconnection, the Customer shall pay an advance against future payments, if required; (E) Customer shall pay Monthly Charges till the suspension or disconnection of the Service(s) becomes eff­ective, whether such suspension/disconnection is required by the Customer (or by a person acting on behalf of the Customer) or by Company in accordance with Clause 11 of this contract. (F) Company reserves the right to determine an appropriate credit limit to the Customer for availing the Service(s). Such credit limit shall be secured either by a refundable cash deposit placed by the Customer with Company or other adequate security or alternate arrangement acceptable to Company. In the event such credit limit is exceeded at any time, Company is entitled to disconnect or suspend the Service(s) to the Customer and/or terminate the Contract.

4) Duration and Time: This contract shall commence on the date of approval by Company after signing of this form along with these Terms & Conditions by the Customer and, the provisions of this Contract shall continue thereafter until terminated by either party hereto.

5) Prohibition of Assignment: Rights and obligations of the Customer under this contract shall not be assigned without prior written consent of Company.

6) Warranties: (A) In addition to terms contained in the warranty card, the Equipment purchased by the Customer from Company, is free from defects in material and workmanship, and the Customer acknowledges that commencement of Service(s) shall be deemed to be a discharge of this warranty. (B) This warranty is specifically limited to defects in material and workmanship in the Equipment and does not apply where the Equipment is used in combination with equipment not supplied, manufactured or expressly approved by Company. It shall also not apply to repair or replacement necessitated by catastrophe, misuse, abuse, fault or negligence, user modification, improper maintenance or operation, user alteration or damages due to spilling of food or liquids, and normal wear and tear. (C) Company hereby disclaims all liabilities whatsoever in respect of and/or arising out of the Service(s) provided, except for the warranty provided in paragraph (A) above. (D) Warranty for broadband modem & STB is applicable for one year from date of installation.

 7) Liabilities: The Customer agrees that Company shall be indemnified against all acts or omissions of the channels or contents provided for Smart TV by third party and Customer further acknowledges that notwithstanding any other provision, Company shall NOT be held liable to Customer for any losses and /or damages sustained due to any reason whatsoever, OR for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or in connection with this Agreement. Company shall not be regarded as being in breach of its obligations set forth in this Agreement and Customer shall have no claim against Company in that respect. Company’s obligations are contingent upon the license issued for the provisioning of such services. Should such license be revoked or not renewed for any reason, Company will not be liable to refund advance payment(s) and / or deposit(s) placed by the Customer.

8) Use of the Service via Customer Premises Equipment: (A) Company reserves the right to issue any instructions regarding the use of the Service(s) / Service Level(s) as it may from time to time consider necessary to maintain the integrity, quality and safety of the Service(s) for all Customers and such instructions shall be deemed as an integral part of this contract. (B) The Customer is personally responsible for the use of all Services and System under this Contract and shall neither use nor permit any person to use the Services/System for: (i) Any activity which is abusive, o­ffensive, indecent, obscene or menacing messages or communications, or misusing Equipment or Services for any activity which is improper/unlawful /immoral and prohibited under any of the applicable laws of Pakistan. (ii) The Customer will not be authorized to use the Customer equipment provided by Company on any other operator’s network.

9) Maintenance & Replacement of Broadband Modem: In case of damage to broadband modem, not covered under the warranty, the customer will be charged for the cost of the damaged modem with an option to purchase new.

10) Maintenance / Replacement of STB Device and charges for misuse:

(A) (i). For customers who have Purchased the STB Device on onetime payment - In case the STB device has been damaged due to reasons not covered under Warranty, the faulty STB device will be returned to the customer and the options for procuring a new one will be offered to the customer. (ii). For Customers who have purchased STB Device on Installments: In case the STB device has been damaged due to reasons not covered under Warranty, the customer shall pay the old lease charges, the STB device will be returned to the customer and the options for procuring a new one will be offered to the customer i.e. New purchase or new lease.

(B) In case of termination of services on customer request or nonpayment or for any other reason, the terms and conditions regarding CPE will be as follows: (i) For customers who have Purchased STB Device on onetime payment: In the event the Customer decides to discontinue Service, Company is not bound to purchase back the STB Device. The equipment will become the property of customer and will not be collected by Company. (ii) For Customers who have purchased STB Device on Installments: The Customer agrees that the leased equipment remains in the ownership of Company until the leased amount is fully paid by the Customer to Company. In case of termination of service due to any reason, the customers will allow Company staff to collect the STB Device from the customer premises and pay any Company dues and outstanding bills excluding any future hire purchase installments. Moreover, Company will not refund any installments paid towards the hire purchase of the equipment and the return of the equipment shall not, under any circumstances, be deemed to be a settlement of any outstanding dues or bills owed by the Customer to Company.

(11) Suspension/Disconnection and Termination: (A) Company reserves the right to suspend/terminate the Services with immediate e­ffect in case of non-payment of bill within due date. The Services shall be resumed on payment of all arrears/outstanding dues /charges as per Company Policy. (B) Company may at any time and without notice suspend, disconnect and/or terminate any or all the Service(s), and the Customer hereby waives all claims and rights in respect thereof including the right to contest such suspension, disconnection and/or termination. (C) This Contract shall automatically and without notice terminate, without prejudice to accrued rights of Company, in the event of the Customer becoming bankrupt or otherwise insolvent or death of the Customer; (D) Upon termination of this Contract, the Customer shall forthwith pay Company: (i) All amounts due to Company at the time of termination together with any late payment charges, surcharges or whatsoever. (ii) All costs including legal fees reasonably incurred by Company in enforcing its rights under this contract including the recovery of monies. (E) Notwithstanding the above Company may terminate any or all Service(s) without any reason whatsoever.

 12) Arbitration and Applicable Law: If any diff­erence or dispute, in any way connected with this Contract, shall arise between the parties hereto which cannot be settled amicably within a period of one (1) month, then such di­fference or dispute shall be referred to PTA and its decision shall be final and binding on the parties hereto. This Contract shall be governed by the laws of Islamic Republic of Pakistan.

13) Additional Terms:

(a) This Contract including the particulars overleaf constitutes the entire agreement between Company and the Customer(s).

(b) Any Connection or Service(s) may be monitored at any time by the relevant and legitimate agencies of the Government of Pakistan in the national interest.

(c) Company in its exclusive discretion reserves the right to refuse, change or remove Customer ID’s/Passwords/PINS which it deems inappropriate or o­ffensive.

(d) For any change in particulars overleaf, the Customer undertakes to inform Company immediately.

(e) Service to any or all Customers may be temporarily interrupted or curtailed because of Equipment modification, upgrades, relocations, repairs and similar activities necessary for the proper operation of Service. However, in the event a scheduled interruption is planned, reasonable notice will be given.

(f) The Customer will not infringe any copyright or intellectual property right to the information and resources available via the service by Company.

The Customer hereby undertakes to accept and comply with all the Terms & Conditions set forth herein.

 

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