Please read the following terms and conditions carefully before applying for services/signing the Customer Registration Form (Form R) between DotNet™ and the Customer.
1. Agreement: DotNet™ agrees to provide Customer with the telecommunication services pursuant to the plans chosen on website/ backside of Customer Registration Form (Form R).
2. Term: This Agreement takes effect on the day the services are activated. By, signing this agreement, Customer agrees to a minimum service period (Minimum Term) of one (1) month for his Services. Agreement is automatically renewed at the expiry of Minimum Term, unless DotNet™ is notified in writing to the contrary, at least thirty-(30) days prior to the expiration of the Minimum term. If Customer terminates his/her services during the Term, he/she will be liable to pay the charges equal to 30 days of service.
3. Rates and charges: As long as Customer subscribes to DotNet™ services, Customer agrees to pay in advance the applicable service rates for the Service plans he/she selected along with all charges properly be led to his/her account. Such charges include (but are not limited to) a one time, non-requiring set up fee and recurring monthly service charges and applicable rules and taxes, if any. DotNet™ reserves the right to increase/decrease the charges, tariff and monthly package by giving 15 days advance notice to the Customer.
4. Late Charges: Payment is due on the date indicated on the service bill. Any balance amount that remain unpaid on the next billing date, shall be considered in default and will be subject to a surcharge of five percent (5%) of the unpaid balance due per month.
5. Change of Service Plan: Customer may change to another service plan free of charge, if no actual work is needed by DotNet™ staff at Customer’s Premises. The written change of service plan request from Customer should reach DotNet™ on or before 25th day of a calendar month for the new plan to take effect from 1st day of the next month. No change of service plan requests will be entertained during the month.
6. Refunds: The Customer may terminate the services by giving DotNet™ 30-day prior notice for claiming of refund of charges except the initial one time setup and installation fee and cost of equipment. Refund of monthly charges will be calculated equal to the amount remaining against the time/traffic volume un—utilized by the Customer from the date of filling the claim with DotNet™. The Minimum refund period will be 14 days from the date of claim.
7. Security Deposits: DotNet™ requires deposit as security payment equivalent to the one-month recurring amount of service plan selected. The deposit is refundable at the time of termination of services either by the Customer or DotNet™. This deposit can be adjusted in any outstanding amount due at the Customer’s end.
8. Default: If Customer does not pay any charges owed to DotNet™ when due or violates any of the terms of this Agreement, then DotNet™ will have the right to discontinue or restrict the service either temporarily or permanently without notice. In either case, DotNet™ shall incur no liability whatsoever.
9. Usage: The Customer Shall:
i. Not use the telecom service for any unlawful purposes.
ii. Not attempt to gain unauthorized access to any computer system connected to the internet.
iii. Not introduce any computer virus into the internet or the DotNet™ computer systems.
iv. Not persistently send messages without reasonable cause or for causing any threat, harassment, annoyance, inconvenience or anxiety to any person.
v. Not send any message which is offensive on moral, religious, racial or political grounds or of an abusive, indecent, obscene, libelous or menacing nature or may infringe on any statutory regulations and laws.
vi. Comply with all provisions of Pakistan telecommunication (re-organization) act, 1996 and Pakistan electronic media regulatory authority ordinance, 2002.
10. Availability of Service: DotNet™ will use its best efforts to provide Customer with quality services without interruption, as far as technically feasible. However, the service is subject to transmission limitations beyond DotNet™ control Services may be temporarily unavailable or limited because of the unavailability of Backhaul services or any third-party services not in the control of DotNet™. 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.
11. Customer Support: DotNet™ will provide telephonic customer support through its Network Operations Center (NOC) on 24×7 basis. As a telecom operator, DotNet™’s responsibility is to extend connectivity to the customer premises equipment (CPE). Connectivity beyond CPE is the responsibility of the Customer. In case of a fault identified at Customer’s end beyond CPE, additional charges for value added services as per prevailing rates will be charged from the Customer.
12. Governing Law: This Agreement shall be deemed make and entered into in the courts of the respective territory where the service is being provided by DotNet™ and shall be construed and enforced in accordance with and governed by the laws of the Islamic Republic Pakistan.
13. Payment of Costs: In the event Customer defaults in the performance of any term or condition of this Agreement or in the payment of any sums of money due under this Agreement, then Customer shall pay all reasonable costs, charges attorneys ‘fees and expenses incurred by DotNet™ in enforcing the terms and conditions of this Agreement and in pursuing its claims.
14. Limitation on Damages: In no event shall DotNet™ and/or any of its agents, employees, officers’ parents’ affiliates, subsidiaries, successors, assigns, directors, brokers, and/or attorneys (“DotNet™ parties”) be liable to Customer for lost profit, and/or Lenitive or exemplary, incidental, consequential, special and/or indirect damages in any action arising out of or related to: (1) this Agreement (2) the rights granted hereunder: (3) any breach, terminations, cancellation or non, renewal thereof: (4) Customers business: (5) the Services: (6) the CPE or any other equipment installed by DotNet™: and/or (7) any act, omission, and or negligence of any of the DotNet™ parties.
15. Claims: Claims against DotNet™ shall be limited to recovery of no more than the sums paid to DotNet™ for the Services. DotNet™ shall not to be liable for any damages caused by delay in delivery, installation or furnishing of the services, the CPE (or any other equipment and or periodic and/or recurring interruption in the services being provided under this Agreement.
16. Operating Environment: Customer shall assume full responsibility for the overall effectiveness and efficiency of the operating environment in which DotNet™ services and/or in the CPE (or any other equipment installed by DotNet™) are to function. No action arising out of any claimed breach of the Agreement or transactions under the Agreement or regarding the services may be brought by the Customer more than 30 days after the cause of the action has accurate.
17. Arbitration: Customer agrees that any and all controversies, action, suits, and/or claims brought by him against DotNet™ regarding any matter whatsoever, shall be settled exclusively by arbitration. Customer hereby waives any right it may have to bring any action against DotNet™ in any forum other than arbitration. One arbitrator., Mutually agreed upon by the parties, who shall be an attorney enlisted in the Pakistan Bar Council, shall act as arbitrator. The losing party shall pay the fees, costs and expenses of the arbitrator. The arbitration proceeding shall be conducted in accordance with the prevailing commercial rules of the Pakistan Bar Council or any Successors thereto Judgment or any award by the arbitrator shall be binding for DotNet™ and Customer, and may be filed in a court of competent jurisdiction in the respective territory where the Service is being provided by DotNet™.
18. Assignment: DotNet™ may assign Agreement or assign the right to receive payments without Customer’s consent. Customer may not assign this Agreement without DotNet™’s prior written consent, which may be withheld in DotNet™’s sole discretion.
19. Indemnity: DotNet™ is not responsible for any injuries or losses to Customer caused by Customer ‘s use of the Service. Customer agrees to indemnity, defend, and reimburse DotNet™ of expenses, including attorney fees and claims for such losses and injuries including those arising out of negligence, tort, or strict liability claims. This indemnity shall continue even after the term of this Agreement has expired and/or after termination of this Agreement.
20. Internal Wiring Fees: DotNet™ field services staff will perform limited inside wiring for connectivity to the CPE (or any other equipment installed by DotNet™). If the customer authorizes or requests DotNet™ to place the CPE in a location that requires inside wiring then DotNet™ will provide this Service at the additional rates. The inside wiring does not include connecting the CPE (or any other equipment used by DotNet™) to the computer or POP/switch or any Internet Cabling to the CPE Such wiring if required by the Customer will be carried out by DotNet™ at additional charge.
21. Virus Related Traffic: Customer is responsible for proper maintenance of his computer system (s) like installation of Anti-Virus Software etc. While utilizing DotNet™ services. All un-intentional traffic generated due to virus infection of Customer’s computer will be charged to the Customer’s account as it consumes DotNet™ ‘s bandwidth.
22. Miscellaneous:
i. Should any provision of this contract become void for any party the validity of the remaining provisions shall not be affected thereby unless the commercial intent of this contract is thereby frustrated.
ii. The telecommunication connection may be monitored at any time by the relevant and legitimate agencies of the remaining provisions shall not be affected thereby unless the commercial intent of this contract is thereby frustrated.
iii. DotNet™ at its exclusive discretion reserves the right to refuse change or remove Customer Ids/Password/PINs which it deems inappropriate or offensive.
iv. Should the Customer be in breach of any of the terms, DotNet™ may terminate the Service immediately without any notice and without termination damages claim in DotNet™ for such breach.
v. DotNet™ makes no warranty and hereby disclaims all liabilities whatsoever in respect of and/or arising out of the facilities provided by DotNet™ or the software not owned, or distributed by DotNet™.
vi. DotNet™ disclaims all liability whatsoever for any loss of data howsoever caused including without limitations non-delivery, mis-delivery or misuse for any interruption, suspension or termination of the telecom Services or for the contents, accuracy or quality of information or resources made available or received or transmitted through the telecom Services.