Terms & Conditions for Availing Cellular Connection, Purchase & Use of SIMs (24th February 2012)
 
All the contents stated herein form the terms and conditions (the “Terms and Conditions”) for availing cellular services of the Operator (the “Services”), purchase of cellular connection (the “Connection”) and use of SIM/Equipment while availing the Services. In these terms and conditions the words and expressions used herein but not defined shall have the same meaning assigned to them in the Pakistan Telecommunication (Re-organization) Act, 1996, Rules issued by the Federal Government under section 57 of the Act, Regulations issued by the Authority from time to time, Policies and SOPs issued by PTA, Operator’s License and Terms and Conditions and conditions available on operator’s website.
 
Purchase & Activation of SIM:
 
Purchase of Connection: The purchaser shall ensure that SIM is purchased only from authorized sale point (i.e. company’s own customer sales / service centers, authorized franchisees and registered retailers; hereinafter collectively referred to as the “Seller”) on presentation of the Original CNIC/Form B / Passport with valid visa/NARA ID, whichever is applicable. For foreigners & aliens, copy of the document will be retained by the seller and forwarded to the Operator within the time stipulated by the Operator in this regard.
 
Activation of SIM: The Customer shall insert the SIM in the terminal equipment, call 789 for activation giving name & CNIC and answer the questions aimed at verification including name, CNIC (CNIC of purchaser if different from the customer), mother’s name, place of birth, confirmation of agreement with the Terms & Conditions (as stated below) and declaration of misuse of Connection/SIM. On successful verification, the operator will ensure activation of SIM within 24 hours.
 
Customer’s Acknowledgment & Undertaking:
 
 Customer agrees and accepts all the Terms and Conditions including these and ones available on Operator’s website unconditionally by answering the questions and activation through code 789. Operator shall have the right to deny activation or disconnect any connection in the name of the customer who disagrees to these terms and conditions or violate any of the above mentioned laws including but not limited to the Fair Usage Policy.
 
Charges:
 
Charges, payable by the customer, shall include but not limited to:
 
Tariffs, costs, rates, installation charges, line rent, connection charge, equipment price, SIM card price, VLR, charges for value added services and other charges, fees, other payments as defined and brought into the customers’ notice from time to time subject to the approval of the Authority if so required in accordance with applicable laws.
Taxes, duties and levies which are or may become leviable in accordance with applicable laws, rules and regulations.
 
Operator will determine an initial appropriate credit limit for the customer. The call charges shall be determined exclusively by Operator on the basis of call/billing details recorded by the Operator.
 
Default:
 
Operator will be entitled to disconnect the customer's service on (a) failure to pay invoices within due time, (b) exceeding credit limit, (c) misuse of services, (d) violation of Terms and Conditions and Fair Usage Policy in compliance with the provisions of the Telecom Consumers Protection Regulations, and the Protection from Spam, Unsolicited, Fraudulent and Obnoxious Communication Regulations 2009 and other laws for the time being in force.
 
Non Usage:
 
In case the customer remains dormant / inactive for a period of 180 days; the Operator reserves the right to disconnect and re-issue the MSISDN to any other customer and the customer shall have no option for recourse. The customer can, however, retain subscription by informing operator in written, fax, email etc. to retain the subscription for any specific period on payment of some charges (if any).
 
Liabilities:
 
The customer shall be personally responsible for all calls, SMS and MMS made from the customer SIM /terminal equipment and shall neither use, send nor permit any other person to use the system and service for sending inter alia unsolicited, obnoxious, misleading, indecent, obscene, or false messages, calls or communications; or the persistent making of calls which may cause annoyance to any person.
 
The customer shall be responsible for apprising Operator within twenty four (24) hours of any change in information provided by him/her/it. In case of loss or theft of the SIM card, the customer shall immediately but not later than 24 hours inform and request Operator 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 activity.
 
The customer shall not indulge in generation of spamming and in case of subscription found to indulge in any such activity his/her outgoing SMS facility at first instance will be blocked and on subsequent activity the subscription will be permanently blocked.
 
Variation:
 
Operator may vary, increase or decrease the fees, tariffs, rates and the charges, etc and notify the customer, subject to approval of the Authority if so required, of such variation in the manner prescribed by Authority.
 
Force majeure:
 
In an event or circumstance which is beyond the control of operator, including without limitation to acts of God, insurrection of civil disorder, war or military operations, national or local emergency, act or omissions of government, or of any competent authority, industrial disputes of any kind, fire, lightening, explosion, flood, weather of exceptional severity, acts or omissions of person for whom the operator is not responsible, including Jammers and other frequency interference by third party, strikes, lockouts, and interruption of the services for maintenance of the systems which includes physical features and atmospheric conditions, Operator shall not be accountable for that period to a Customer with respect to any Service (s) as per these terms and conditions.
 
Arbitration:
 
If any difference or dispute arises between the parties hereto which cannot be settled amicably; the matter will be referred to Authority which may investigate and adjudicate on the complaint in accordance with the Act, the rules made and license conditions and may take action accordingly.
 
Miscellaneous:
 
All information contained in operator’s promotional material, advertisements and publicity campaigns terms and conditions available on Operator’s website shall apply once the customer subscribes to any such service and shall be deemed to be part of an agreement between the customer and operator. The customer has right to claim refund of security at the time of disconnection of services after adjustment of pending dues. These terms and conditions shall be subject to the provisions of the Act, Rules, Regulations, license conditions and directions issued by the PTA from time to time.