In this Agreement:
- “BSAF” means business service agreement form;
- “Call Charges” means charges per unit of time at the rate set out in the schedule of tariffs published by PMCL from time to time which enables use of the service to be measured and for the Customer to be charged for such use;
- “Connection” means the activation of Customer equipment on the System;
- “POC” means the authorized point of contact for the Customer;
- “Customer Equipment” means the telephone/mobile equipment and accessories used by the Customer for connection to the System;
- “Fees, Tariffs, Costs, Rates, Charges” means any relevant charge levied by PMCL in accordance with the schedule of tariffs published by PMCL from time to time;
- “Service” means the telecommunication service provided by means of the System;
- “SIM Card” means a Subscriber Identity Module which contains Customer information
- “System” means the PMCL cellular telephone system.
2. Connection to the System and provision of service:
- Subject to the terms and conditions of this Agreement, PMCL will connect and maintain the Connection of the Customer Equipment (or the SIM Card) to the System and will endeavor to make the Service available to the Customer throughout the term of the Agreement;
- The Customer recognizes that the Service, by its very nature may from time to time be adversely affected by physical features, atmospheric conditions and other causes of interference or require maintenance without notice.
Charges payable by the Customer shall include:
- Fees, Tariffs, Costs, Rates, Charges for the Customer equipment, installation, SIM Card(s), Connection or its Service;
- Taxes, Duties and levies which are or may be leviable in accordance with applicable laws, rules and regulations;
- PMCL will in its entire discretion determine an appropriate credit limit for the Customer. Such credit limit is to be covered by a deposit placed by the Customer with PMCL. In the event the credit limit is exceeded at any time PMCL shall be entitled to disconnect the Customer’s Service and the Customer hereby waives all claims and rights in respect thereof including the right to contest such disconnection.
- Amonthly access charge shall continue to be payable by the Customer to PMCL during any period of suspension or disconnection of the Service which is requested by the Customer or by the person appearing to PMCL to act on behalf of the Customer. The Call Charges shall be determined exclusively by reference to details of calls recorded by PMCL.
4. Payment responsibility:
It is the responsibility of the Customer to make timely payments against invoices received by the Customer for Services rendered under this Agreement and failure to pay by the due date printed on the invoice will render the Customer liable to immediate disconnection from the Service. Such a Customer shall be required to pay all outstanding amounts, and reconnection charges and may be required to pay an advance against payment of future accounts. PMCL shall have the right to disconnect Service to all other Connections under the Customer’s name and charge a late payment fee of 2% per annum above bank rate per annum.
5. Usage Responsibility:
The Customer POC undertakes that the SIMs under this Agreement shall only be issued to the Customers legal employees and incase of change of ownership/user or customer’s particulars, the same shall be communicated to PMCL on occurrence and that they shall be used in accordance with applicable laws, rules and regulations.
- It is expressly agreed between the Customer and PMCL that PMCL shall not be subject to any liability or responsibility by reason of any delay in effecting repairs, for any failure or delay in establishing communication between the Customer or any other person or for any failure or delay shall arise from accident, defects in Customer equipment or SIM card of any other equipment for any other cause whatsoever including PMCL’s negligence. PMCL shall also not be liable to reason, including PMCL’s negligence.
- In case of termination of the Agreement, PMCL shall only be liable to the Customer for refund of any advance payment or deposit made to PMCL less any amounts/Charges which may be outstanding against the Customer.
- PMCL shall not in any event be liable to the Customer or be deemed in breach of this Agreement by reason of any delay in performing or failure to perform any of its obligations under this Agreement.
- The Customer shall be responsible for apprising PMCL within twenty-four (24) hours of any change in information provided by the Customer subsequent to this Agreement.
- In case of loss or theft of the SIM Card(s), the Customer shall immediately inform and require PMCL in relation to block the SIM Card failing which, the Customer shall not be absolved from criminal liability if any arising due to use of such SIM Card/connection in any unlawful/criminal act.
- PMCL has the right to make any alteration or adjustment to any Customer equipment or SIM Card as it may consider desirable for the purpose of maintaining satisfactory Service for the Customer. Any such alternation made will be billed to the Customer at the appropriate rate.
- In case of default, the Customer may be liable for all amounts due to PMCL, from the Customer at the time of termination together with mark up at rate of two percent (2%) per annum over bank rate per annum on the amounts overdue and any costs including legal fees reasonably incurred by PMCL on collecting any payment/Charges due.
PMCL reserves the right to revise the fees, tariffs, costs, rates, charges from time to time and such revisions will be duly intimated to the Customers. The revised fees, tariffs, costs, rates, Charges will apply to Customer from the date so notified. PMCL may vary the conditions of this Agreement in face of any new legislation, statutory instruments, rules, regulation or licenses or similar events provided that the Customer shall be notified of any such variation in writing or by publication of such variation at PMCL’s principal places of business and website.
If any difference or dispute in any way connected with this Agreement shall arise between parties hereto which cannot be settled amicably, it shall be settled under the provisions of the Arbitration Act, 1940 as amended through a sole arbitrator appointed by the court having jurisdiction. The arbitration shall be held in Islamabad in English language. The award of such arbitration shall be final and binding on the parties.
9. Compliance with Laws:
As mandated by PTA, after purchasing SIM Cards in bulk, the Customer shall be responsible for providing the credentials (including name, CNIC/Passport no, present and permanent address) of particular users/persons to whom connection/SIM Card(s) is issued on its behalf on Customer’s letterhead within one week of issuance of SIM Card(s) by PMCL. In case the information is not received within specified time, PMCL may block the SIM Card(s) against which particulars of users are not received from the Customer.
- It’s Customer’s obligation to acquaint himself and to comply with all applicable requirements and restrictions imposed under applicable law, rules, regulations etc. relating to the provision of the Service and shall indemnify PMCL against any claims, losses, liabilities etc. that PMCL may incur due to Customer’s failure to comply with this provision.
- All information contained in PMCL’s promotional material advertisements and publicity campaigns is for information only and shall not be deemed to be a part of this Agreement. The Customer acknowledges that it has not relied on or been induced by any such material in entering into this Agreement.