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Standard Contract of Service- Internet Service Provider
This Agreement (the “Agreement”) for provision of internet services is made at
_________________on this _________________2018;
By and between
<Service provider Name> having its registered office at _________________________
(hereinafter to be referred as the ‘Service Provider’ which expression shall, where the context
so permits, be deemed to include its successors and permitted assigns) of the One Part, and;
Mr. /Mrs. /Ms. ………………………….. bearing CNIC No. _______________________ (hereinafter
to be referred as the ‘‘Consumer’’, which expression shall, where the context so permits, be
deemed to include its successors and permitted assigns) of the Other Part.
1. Definitions:
1.1 Agreement: means the terms and conditions.
1.2 Applicable Taxes: means all taxes, Federal, Provincial and Local that are enforce
subsequent to the execution of this Agreement;
1.3 Service provider: means the company providing internet services.
1.4 Carrier: means each and every related service provider/ law enforcement
agencies/, which provide essential services to enable ‘’ Service Provider’’ to
provide the services to the ‘’Consumer’’
1.5 ‘‘Consumer’’ means the person hired the services or the name on which Service
Agreement is made and shall include the consumer’s authorized
representative/s.
1.6 ‘‘Commencement Date’’ means the date on which the installation and the
commissioning of the device on the premises has been completed.
1.7 ‘‘Service Warranty’’ means the warranty in Clause 5.
1.8 ‘‘Technician’’ means person installing or visiting consumer to resolve complaints.
1.9 ‘‘Initial Term’’ means the period of …. Years commencing from the date of uplink.
1.10 ‘‘Installation Price’’ means the price for installation (if applicable)’.
1.11 ‘‘Consumer Service Centre’’ means any duly appointed service centre, the
location and other details of which shall be communicated to the consumers
from time to time.
1.12 ‘‘Servicing Hours’’ means the working hours. Monday to Friday/Saturday,
excluding all public holidays.
2. Confidentiality of Information:
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2.1 The operator and its employees shall maintain confidentiality of information
about consumers and shall ensure that no information shall be disclosed to any
third person other than required by law.
3. Payment:
3.1 All charges shall be informed to consumers in advance in writing.
3.2 The consumer shall pay the <Service provider Name> the amount for installation
or purchase of device if applicable, and desired by the consumer for providing of
such services.
3.3 The consumer shall pay all the applicable charges / payable in connection with
the provision of service. However, such fee and charges shall be intimated to the
consumers in advance.
3.4 Deposits for device (if any) shall be returned within 30 days to the consumer
once the service is terminated.
3.5 Any duties and governing taxes shall be paid by the consumer.
4. Consumer Obligations:
4.1 Consumer agrees not to use the services or devices for any unlawful or abusive
purpose. Consumer will comply with all laws while using the services or device
and will not transmit any communication that would violate any federal,
provincial, or local law, court, or regulation.
4.2 Resale of services or devices is prohibited.
4.3 Consumer may not program or alter any of the devices other than the normal
programmable parameters of the device. <Service provider Name> has the right
to interrupt services or restrict service to any device, if the consumer is using
the device in a fraudulent or unlawful manner.
4.4 The consumer shall not use or alter the internet device in any manner that could
damage it or cause it malfunctioning.
4.5 The consumer shall always report to the service provider if he/she thinks the
device is malfunctioning.
4.6 The consumer shall always inform service provider in writing in case of any
change in consumer’s particulars or change in consumer’s contact detail.
4.7 The consumer has to notify <Service provider Name> if he/she becomes aware
of any deterioration, loss or damage to the device.
4.8 The consumer understands and accepts that the malfunctioning of the device or
any essential services provided by service provider may cause interruption to
any impairment to the service. However, such interruption shall be
communicated to consumer with prior notice of 30 days in case of planned
outage. Furthermore, in the case of unforeseen technical interruptions/faults,
the <Service Provider > shall inform the reasons for the interruption and
expected time of restoration of services to the consumer by any means listed in
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sub-regulation (2) of regulation 7 of TCP Regulations in accordance with TCP
regulations 2009.
5. Service Warranty:
5.1 The device will be replaced or repaired by service provider during normal
working hours at no cost to the consumer during the agreement term
commencing from the commencement date but this obligation shall exclude:
a. Damage to the device caused by or arising from accidents, acts of God,
unauthorized alteration and/or repairs, sabotage, misuse, tampering of
abuse.
b. Damage to the device caused by power, surges, lighting or blown fuses.
c. Damage arising from the failure of the consumer to strictly, comply with
all operating instruction provided by <Service provider Name> at the time
of installation in writing or at any other on later dates.
d. The replacement of consumables.
6. Term and Termination:
6.1 This Agreement shall commence on the day of Commencement Date and shall
continue for an initial period of ________months/years, thereafter be renewed
through mutual consent of Parties upon expiry of the initial term.
6.2 The Customer may withdraw the usage of services under this Agreement at any
time during the billing period without assigning any reason or notice.
6.3 This agreement may be terminated by the service provider by giving prior
written notice if the consumer defaults payment due for consecutive three
months.
7. Title:
7.1 Title to <Service provider Name> device shall always remain with <Service
provider Name> during the entire term and afterward. Upon the expiry of or
earlier termination of this agreement, the possession of the device installed at
the consumer’s premises shall be handed over to the <Service provider Name>
in good working condition.
8. Sub-contracting:
8.1 The rights and benefits of the consumer under this agreement may not be
assigned/ transferred to any third party/service providers or operator without
prior consent of Consumer in writing or in recorded form .
8.2 Any merger, acquisition, partnership, change of ownership of service provider
shall not effect this agreement.
9. Governing Law and Jurisdiction:
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9.1 This agreement shall be governed and construed in accordance with the laws of
Pakistan, the parties here to hereby irrevocably submit to the exclusive
jurisdiction of courts of Pakistan, with respect to any legal actions or proceedings
in relation to this agreement.
10. General:
10.1 The Parties specifically agree that Agreement shall be the sole Agreement
governing in respect of Services and hereby specifically agree that Agreement
shall supersede any other agreement offer, undertaking, utterance or
statement, prior to the commencement of this Agreement.
10.2 The Consumer shall not have any right to assign or otherwise transfer its rights
or obligations under this Agreement.
10.3 Service Provider can withdraw the provision of any service to the Consumer,
provided such withdrawal is approved by the Authority and ninety (90) days prior
notice is given to the consumer.
10.4 Subject to prior communication of suspension and disconnection, Service
Provider may suspend or disconnect a rendered service in accordance to its
policies.
10.5 In case of Suspension or disconnection of services, Service Provider will issue
fifteen (15) days prior notice to costumer and will clearly communicate the
reason for suspension / disconnection to the Consumer along with the actions
required on the part of that Consumer to avoid such suspension / disconnection,
by any of the following means:
•
Personal Service
•
Registered/Courier Mail
•
Telephone
•
Fax
•
Email
•
Invoice
•
SMS
10.6 Service shall not be suspended or disconnected on account of which the
Consumer has paid all dues, even if the Consumer has defaulted in the payment
to Service Provider in relation to some other services.
10.7 The Consumer will remain eligible to access emergency numbers, where the
service is suspended for any valid reason.
10.8 Services will be restored by Service Provider within twenty four (24) hours from
when the Consumer has taken all remedial steps in order to rectify the matter.
11. Amendment:
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11.1 Amendments/Changes/Alteration/Variation/addition (if any) in the terms and
conditions of this Agreement may be made only by written agreement by the
Parties and with prior approval of PTA.
12. General:
12.1 The Parties specifically agree that Agreement shall be the sole Agreement
governing in respect of Services and the Equipment and hereby specifically agree
that Agreement shall supersede any other agreement offer, undertaking,
utterance or statement, prior to the commencement of this Agreement.
12.2 The Client/Consumer shall not have any right to assign or otherwise transfer its
rights or obligations under this Agreement.
12.3 Tariff of services will be communicated to consumers in advance.
12.4 For any change in tariff, a prior notice of 7 days will be given through any of the
following means: personal service, registered/courier mail, telephone, fax
transmission, electronic mail, invoice/bill and short Messaging Service, press
advertisement.
12.5 The consumer may be required to furnish security deposit (in case of an
individual) in favor of the company for pre-paid / post-paid devices. The security
deposit (if any) shall be refundable within 30 days on expiry/termination of
contract by adjusting any amount payable (if any) to the company as outstanding
dues.
12.6 In case of disconnection of services, the service provider shall not levy any fees.
However, reconnection fee (if applicable) will be charged by the service provider.
13. Other Matters:
13.1 If any term of provisions of this agreement shall be held to be deemed or to form
part of this agreement with the validity and enforceability of the reminder of the
agreement of this shall not be effected.
13.2 Any provision of this agreement which held invalid or unenforceable in any
jurisdiction shall be ineffective to the extent of such invalidity or unenforceability
without invalidating or rendering unenforceability in any jurisdiction shall not
invalidate or render unenforceable such provisions in any jurisdiction.
13.3 Any notice to be given to either parties under terms and conditions of this
agreement shall be given in writing by personal delivery, registered mail or by
courier services, facsimile or email addressed to the other party to be notified as
the first above specified for such party.
13.4 Any party may change its address at any time with appropriate notice to other
party.
13.5 The notice shall be deemed to have been received with actually received by the
recipient against verifiable proof.
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14. Dispute Resolution:
14.1 Service Provider shall ensure that it addresses Consumers complaint within 48
hours of submission of such complaint. In the event that the matter is not
resolved, the Consumer may lodge a complaint in writing to the Service provider
which shall be investigated and resolve the same within three (03) working days.
If the Consumer remains unsatisfied with the manner in which Service Provider
has redressed any matter after expiry of three (03) days, it may file a complaint
with the Consumer Protection Directorate, Pakistan Telecommunication
Authority Headquarters or its Zonal Offices as applicable personally, or by post
or email at
comp[email protected]v.pk
. The Parties agree that their first and foremost
aim should be to resolve amicably any dispute, controversy or claim arising out
of or relating to this Agreement, including any question regarding its existence,
validity, breach or termination, should they fall to reach a peaceful resolution by
exercising the foregoing, they may then invoke arbitration. One Arbitrator
mutually agreed by the Parties, who shall be an attorney and act as an arbitrator.
The award of the Arbitrator shall be final and binding on Service Provider and
the Client/Consumer.
In witness Thereof parties have signed the agreement as of the date stated here in above
Company official Signature……………….. Consumer Signature…………………….
Company Official Name…………………… Consumer Name…………………………..
Date………………………………………. Date……………………………………………..
Witness Name and Sign………………….. Witness Name and Sign………………….
