Airbox Contract

Definition

In these General Terms & Conditions, the following words will have the following meaning unless the context otherwise requires.

Special definitions with regard to other Service(s)s are provided in the respective annexes relating to the particular Service(s):

“Agreement” means these General Terms & Conditions, the duly filled Subscription Order Form and where relevant the Special Terms and Conditions;

“Commencement of Service(s)” means following the validation of the Application the date at which the Service(s)s are provisioned;

“EMTEL” means Emtel Limited , a private limited company, registered under the Laws of Mauritius having its principal place of business at EmtelWorld, 10, Ebene Cyber City, Ebene and bearing business registration number C06006174;

“Force Majeure” an event or circumstance beyond the direct control of EMTEL. Force Majeure events shall include, but not to be limited to acts of GOD, fire, floods, cyclones, earthquakes, epidemics, strikes, lockouts, riots, effects of war, civil commotion, political unrest, cable cuts and governmental acts, proclamations and regulations (including export and import control regulations and foreign exchange regulations);

“Internet” means the global data network comprising interconnected networks using the TCP/IP protocol;

“Internet Standards” means the protocol and standards defined by the Internet Engineering Task Force (IETF) and any other Applicable protocols and standards from time to time;

“Licence” means any licence granted by the Regulatory Authority; Formatted: Line spacing: 1.5 lines

“Payer” means person elected by the Subscriber who accepts responsibility for paying the Subscriber’s charges in respect of the Subscriber’s use of EMTEL’s Service(s)(s);

“SIM” means Subscriber Identity Module Service(s)d by EMTEL;

“Subscription Order Form” means the duly filled and submitted Subscription Form by the Subscriber, which is an integral part of this Agreement;

“System” means the telecommunication infrastructure used by EMTEL to deliver the Service(s)s and includes mobile, fixed, internet and international telecommunications infrastructure;

“Regulatory Authority” means the Information and Communication Technologies Authority or any such authority regulating the Service(s);

“Service(s) (s)” means the internet and fixed line Service(s)s as EMTEL may choose to make available and includes Value Added Service(s)s. Quoted speeds for the Service(s)s refer to maximum available download bandwidth and Volume;

“Subscriber” means the Subscriber so named on the Subscription Order Form which applies for the Service(s)s and utilizes the Service(s)s;

“Emtel Equipment” means equipment provided by EMTEL in the custody of the Subscriber for the purposes of the use and provision of the Service(s)s under this Agreement;

“Supplier” means any entity with whom EMTEL directly or indirectly deals with to provide infrastructure and/or Service(s)s and includes content providers;

“User” means any person using the Service(s)s with the Subscriber authorization;

“Value Added Service(s)s” means any additional features and Service(s)s which EMTEL may offer on the Service(s) other than the standard Service(s) offered by EMTEL, such as Ring Back Tone, Cloud Service(s) etc;

“Volume” means the total amount of data consumed during the Billing Period as defined in the broadband package subscribed by the Subscriber.

1. CONSENT OF ELECTRONIC RECORD

2. APPLICATION

3. ACCEPTANCE OF APPLICATION

4. EMTEL EQUIPMENT

4.1. Responsibilities

4.1.1. EMTEL is not responsible for the installation, maintenance, compatibility, or performance of any equipment or software either not provided or provided by EMTEL.
4.1.2. In the event that the Subscriber provides any router / firewall / proxy or any other equipment to interface with the Services, the Subscriber must cooperate with EMTEL while the Subscriber or EMTEL configures and manages such equipment(s) in order to implement and operate the Services.
4.1.3. The Subscriber shall bear sole responsibility for delivery and bringing any subscriber Equipment to the Sites.
4.1.4. EMTEL shall not be responsible for any loss and damage, which may occur during transit or commissioning of Subscriber or EMTEL equipment.

4.2. Equipment Installation and Maintenance

4.2.1. The Subscriber shall be solely responsible, at its own expense, for making the final power connections to the EMTEL Equipment. Prior to the commencement of the installation of any of the EMTEL Equipment.
4.2.2. The Subscriber shall at all times, ensure the safety of the Equipment provided including the provision of adequate space for the installation of the equipment thereof.
4.2.3. The Subscriber shall use reasonable care and skills in installing, maintaining and operating the EMTEL Equipment.
4.2.4. The Subscriber shall maintain the Equipment in a manner that ensures its continued compliance with all applicable laws and avoids hazard or damage to the facilities of the EMTEL or to “Third Party Occupants” or injury to EMTEL’s or Third Party Occupants’ employees, agents or to the public.
4.2.5. The Subscriber shall ensure that EMTEL Equipment does not interfere or cause interference with Subscriber equipment or that of any Third Party Equipment. If such interference does occur.
4.2.6. The Subscriber shall ensure that Equipment complies with the power utilization specifications of the Equipment. EMTEL shall not be responsible for any service disruption caused over-utilization of power. In addition, the Subscriber shall be liable for and indemnify and hold harmless EMTEL from and against all costs and expenses and claim or losses incurred or suffered by EMTEL or Third Party Equipment as a result of or in connection with any power over-utilization by the Subscriber including, without limitation, any costs and expenses incurred by EMTEL in repairing or replacing any equipment damaged.
4.2.7. The Subscriber shall bear all risks associated with EMTEL Equipment. In no event shall EMTEL be liable for damage, theft, misappropriation or loss of the EMTEL Equipment, except where such damage or loss was a direct result of EMTEL’s gross negligence or willful misconduct. EMTEL shall label all the EMTEL Equipment as the property of EMTEL.

5. CONNECTION TO THE SYSTEM AND PROVISIONS OF THE SERVICE(S)

5.1. Upon acceptance of the Application by EMTEL, such acceptance being at EMTEL’s absolute discretion, EMTEL shall connect the Emtel Equipment to the system as soon as is reasonably practicable and/or technically possible.

5.2. Emtel reserves the right to reject the present Application within a delay of eight (8) business days from the date the present application is received by Emtel’s Head Office, without having to ascribe any reason thereof and without incurring any liability towards you save that any payment effected will be refunded within thirty (30) days of the rejection, without interest and after deducting any amount due to Emtel by you.

5.3. The issuance of a subscription number is not deemed that your Application has been accepted by Emtel. Causes for rejection include (and are not limited to): unpaid subscription(s) at the same address or in the same building as the applicant, EMTEL shall have no responsibility or liability to the applicant whatsoever in respect of any loss or damage suffered by the applicant howsoever arising.

5.4. Emtel shall with no liability for any failure to meet any date, endeavor within a reasonable timeline to provide the Service(s)s as per the date agreed and indicated on the Subscriber Order Form as an estimate.

5.5. The Subscriber agrees and acknowledges that it is in consideration of the payment by the Subscriber of the charges, fees and/or rentals, that the Service(s)s will be provided by Emtel in accordance with the terms and conditions set out herewith.

5.6. The Service(s) shall be activated for the use with the system within a reasonable time of the receipt of the duly completed. Application with all required particulars, and after verification and acceptance by EMTEL of the Application.

5.7. EMTEL shall use all reasonable endeavors to maintain the connection while the Subscriber abides by the provisions of the Agreement.

5.8. In case the Emtel Equipment including any Telecommunication Equipment is sold at a discounted rate and is to be used with the SIM card connected solely through the network. A fee as determined by EMTEL from time to time shall be payable if it is to be adapted for use through any other network.

6. DURATION OF AGREEMENT

7. CHARGES AND PAYMENT TERMS FOR FIXED TELEPHONY AND POSTPAID AIRBOX

7.1. EMTEL shall issue to the Subscriber and the Payer(s) as appropriate at the respective addresses supplied or Email addresses, a monthly statement of account showing the amount due by the Subscriber and/or Payer to EMTEL. The Subscriber and Payer(s) shall be bound to pay to EMTEL by the due date the amounts shown against their respective names/accounts on the statement of account notwithstanding any contestation there may be in respect thereof. Any dispute relating to that statement of account shall be settled first and Emtel shall be informed accordingly of the dispute within the due date. The Subscriber consents and agree to receive its statement of account for the Service(s)s by email.

7.2. The Subscriber remains at all times liable for all fees stated in the statement of account arising from its use of the Service(s)s including in the event the Payer(s) fails to settle amounts they have consented to pay by the due date.

7.3. It shall be the sole responsibility of the Subscriber to ensure that the Payer(s) settle such sums that they have contracted to settle on behalf of the Subscriber by the due date.

7.4. The Subscriber and/or Payer(s) shall be deemed to have received the statement of account at the appropriate time; it has been posted or delivered to their addresses as supplied to EMTEL including emails addresses. It is the responsibility of the Subscriber and/or Payer(s) to ensure that their addresses remain up to date with EMTEL.

7.5. In the event of any fees and/or charges remaining unpaid after becoming due, EMTEL reserves the right to disconnect the customer from the service and to charge interest on the overdue amount which is still outstanding at 2% above the minimum lending rate charged by the Mauritius Commercial Bank Limited or by the State Bank of Mauritius Limited, as from the date the account was overdue.

7.6. In the event of recovery of any unpaid amount through the medium of an attorney at law, the Subscriber and/or Payer shall be liable to indemnify EMTEL of all costs incurred by EMTEL in order to recover the unpaid amount. Such costs shall include but not be limited to the actual expenses, overheads, mandays, and any commission and VAT charged by the attorney-at-law.

7.7. The Subscriber and/or Payer(s) bind himself/themselves to comply with the billing and payment conditions as stipulated on the statement of account. Any query regarding fees and charges shown on the statement of account must be made in writing not later than the Service(s) restriction date shown on the statement of account, failing which the statement of account shall be deemed to have been accepted Formatted: Not Highlight by the Subscriber. EMTEL endeavors to resolve such queries promptly. The decision of EMTEL shall be final and binding.

7.8. The Subscriber and/or Payer(s) shall pay to EMTEL any government tax on all charges where applicable at the rate ruling at the relevant time.

7.9. In the event the Subscriber does not pay any and all monies owing to EMTEL by the prescribed due date, then a Late Payment Charge (LPC) of 10% on the outstanding monies owing will be made payable to EMTEL without the need for any judicial or extra judicial formality.

8. OBLIGATIONS OF THE SUBSCRIBER

8.1. The Subscriber and Payer(s) acknowledge that EMTEL operates under license(s) from the Regulatory Authority and the Subscriber hereby undertakes:

a) to ensure that the Service(s) is not used for any unlawful purpose;
b) to ensure that Emtel Equipment is lawfully possessed and does not contravene any law or regulation of the Republic of Mauritius;
c) to ensure that the Service(s) is not used at any time to cause and or likely to cause irritation, annoyance, embarrassment, harassment, or nuisance of any kind whatsoever to others;
d) to comply with all relevant legislation, Directives and Guidance;
e) to cease to utilize the Service(s) for such periods as may be required by EMTEL;
f) to be liable jointly and severally with all Payer(s) of all usage and charges until such time as the loss or theft of the Subscriber’s Equipment be disconnected from the Service(s). The liability will be until acknowledgement is obtained from EMTEL and the Subscriber Equipment is disconnected;
g) to continue to be liable for all fees and charges during the period of interruption or loss of Service(s) for any cause whatsoever including if the Payer(s) fail, refuse or discontinue payments on behalf of the Subscriber;
h) to promptly report to EMTEL the discovery of any event of fraud, theft, loss, unauthorized usage or any other occurrence of unlawful acts/events in respect of the Service(s)s. Such report shall be supported by a statement to the Police;
i) not to act or omit to act in a certain way which may injure or cause damage to any person, property or the System or cause the quality if the Service(s) to be impaired.

8.2. The Subscriber acknowledges that the system and the Service(s)s may be subject to, line of sight availability, interference and high atmospheric conditions and physical feature, including (without prejudice to the generally hereof) high buildings, tunnels, lifts, trees and proximity of other air waves users.

8.3. The Subscriber agrees to indemnify EMTEL in respect of any claims, costs, damages and losses (including loss of profits and legal fees)sustained by EMTEL as a result of breach of the Agreement by the Subscriber.

8.4. Any person signing the Agreement on behalf of an individual or a company, should produce relevant documents authorizing to do so, as a guarantor or as a responsible official of the company, but the nonproduction of any such documents shall not impair EMTEL’s claim against the company.

8.5. Emtel Equipment is used by the Subscriber in order to gain access to EMTEL’s network. It is the Subscriber’s responsibility to keep it secure, as EMTEL is not liable for any loss or liability incurred by the Subscriber resulting from the unauthorized use of the Subscriber Equipment. The Subscriber shall be liable for any changes incurred by the unauthorized use of the Subscriber Equipment by any person until EMTEL is notified in writing and acknowledges its receipt, and that the Subscriber Equipment is disconnected from the Service(s).

8.6. The Subscriber undertakes to hold indemnify and hold harmless Emtel from any losses incurred by reason of breach of this clause 7.

8.7. The Subscriber shall at all times be responsible for such acts and omissions of all Users in connection with the Service(s)s and shall at all times be liable for any failure by any User to perform or observe the terms and conditions of this Agreement as if it were a party to it.

8.8. The Subscriber shall notshare its Service(s)s other than for a User under the responsibility of the Subscriber for any other purposes than for its business purposes.

8.9. The Subscriber shall not in any case, resell or sublet the Service(s)s.

8.10. The Subscriber shall allow Emtel and its authorized personnel to enter and remain on Subscriber’s premises and any other place under its control at reasonable times and for any reasonable lapse of time for the purposes of the provision of the Service(s)s under this Agreement.

8.11. The Subscriber agrees that his activity will not improperly restrict, inhibit or degrade any other Subscriber’s use of the Service(s)s nor represent an unusually large burden on the network itself. If the Subscriber is making excessive of its Service(s)s, it may find its Service(s)s being restricted as the Fair Usage Policy available on Emtel’s website which the Subscriber acknowledge having taken cognizance and if it continues may have their Service(s)s suspended and/or cancelled.

8.12. TERMINATION FOR FIXED TELEPHONY AND POSTPAID AIRBOX

8.12.1. By the Subscriber:

a) The Subscriber may only terminate the Agreement after the initial period mentioned in Subscription Order Form, by giving EMTEL at least two (2) months prior in writing;
b) The Subscriber shall be liable on termination of this Agreement for all liabilities as stipulated under clauses 7, 8, 9 and 10.

8.12.2. By EMTEL

a) In the event that the conditions of use of the Emtel Equipment or rules and regulations of the Regulatory Authority are breached, EMTEL shall be entitled to withdraw the Emtel Equipment from the Service(s)s immediately and without prior consultation with the Subscriber;
b) EMTEL reserves the right to disconnect or refuse Service(s)s to a Subscriber, if directed to do so by the Regulatory Authority;

8.12.3. EMTEL reserves the right to summarily suspend or terminate the Agreement with the Subscriber without being bound to ascribe any reasons therefor. The Subscriber and/or Payer(s) shall be liable to make the payments stipulated in Clauses 7, 9 and 10 hereunder;

8.12.4. in the event of Insolvency or Bankruptcy of the Subscriber;

8.12.5. in case that the Subscriber commits a material breach of this Agreement;

8.12.6. Should the Subscriber violate any applicable laws rules or regulations;

8.12.7. Attempts to or violates the security of any network including any threats of death or physical harm, harassment, libel or defamation.

8.13. In the event EMTEL exercises its right to suspend or terminate the Service(s) provided for herein, EMTEL shall not be liable to the Subscriber for any loss or damage which the Subscriber may sustain.

8.14. Termination of the Agreement either by the Subscriber or EMTEL shall not relieve the Subscriber from its responsibilities and liabilities under the Agreement which are incurred prior to and up to the effective date of termination.

8.14.1 EMTEL shall, without prejudice to any other claims or remedies which it may have against the Subscriber, have the right to terminate the Service(s)s and the Agreement without liability upon the happening of any one of the following events:

8.14.2. if EMTEL for whatever reason is unable to provide the Service(s);

8.14.3. if the Subscriber commits a breach of this Agreement or in the case of a breach capable or rectification fails to rectify the same within seven (7) days of EMTEL giving notice of it;

8.14.4. if any information supplied by the Subscriber to EMTEL is inaccurate, false or misleading.

8.15. EMTEL may without prejudice to any other rights or remedies and notwithstanding any waiver or any waiver of a previous breach, suspend the Service(s)s in the event that any monies payable by the Subscriber for the Service(s)s or any other Service(s) provided by Emtel under any other agreement is not settled in full amount.

9. EARLY TERMINATION CHARGES

10. EMTEL RIGHT AND NON-LIABILITY

10.1. In the event of registration/termination/transfer of subscription, the Subscriber shall provide EMTEL with a letter of authorization and/or any other documents acceptable to EMTEL.

10.2. EMTEL may at any time end from time to time modify or discontinue, either temporarily or permanently, the Service(s)s (or any part thereof) with or without notice if EMTEL considers such modification, discontinuation desirable, in which event, EMTEL shall not be liable for any loss or inconvenience to the Subscriber or to any third party resulting there from.

10.3. EMTEL reserves the right to alter and/or modify any number of any Subscriber and/or Emtel Equipment which in any event remains the sole property of EMTEL, at any time without being liable for any loss, damage or inconvenience or otherwise, attributable to the change of the telephone number and/or Emtel Equipment whatever may be the cause for the change.

10.4. EMTEL shall not be liable for any loss or damage which may be occasioned through the interruption or loss of the Service(s) from any cause whatsoever including but not limited to loss or lack of coverage or line of sight, but in case of such interruption or loss of the Service(s), EMTEL shall make every effort to restore the Service(s) within a reasonable time.

10.5. EMTEL will not be liable to the Subscriber for any loss of business, profit, revenue of goodwill, anticipated savings, use or contracts or for any indirect or consequential loss however it arises.

10.6. EMTEL reserves the right to amend, delete and/or vary any of the clauses herein stated and the Subscriber shall be bound to observe, perform and comply with clauses herein and any amendments thereof. Such amendments, as and when made, shall be conveyed to the Subscriber.

10.7. EMTEL shall not be liable to the Subscriber or any third party with respect to any action taken or committed to be taken by EMTEL in connection with or arising out of the Agreement. EMTEL shall not be liable to the Subscriber or any third party for Indirect or unforeseeable losses. EMTEL shall in no event be liable to third parties for the execution of the Service(s).

10.8. EMTEL shall not be liable for loss, damage to health and/ or property or otherwise through use of the Subscriber Equipment.

10.9. EMTEL and/or its Suppliers make no representations about the suitability, reliability, availability, timeliness, quality, variety, speed and accuracy of the information, products and Service(s)s. All such information, products and Service(s)s are provided “AS IS” without warranty of any kind. EMTEL and/or its Suppliers hereby disclaim all warranties and conditions with regard to the information, product and Service(s)s. Notwithstanding the foregoing, EMTEL will use its best endeavors to update or cause to, make changes or cause to, regularly update same whenever relevant. Such information or Service(s)s shall however not be relied upon for personal, legal or financial decisions. EMTEL or its Suppliers shall not be liable for any loss whatsoever as a result of reliance placed on the aforesaid information or Service(s).

10.10. EMTEL does not make any warranty on the availability of complete array of Service(s)s provided by EMTEL to the Subscriber using Subscriber Equipment whether directly purchased from EMTEL or not.

10.11. Under no circumstance shall the liability of EMTEL exceed the aggregate value of the Subscriber Equipment or of the average usage of the preceding twelve months of usage of the Service(s) (excluding charges for roaming facilities), whichever is the lesser.

10.12. EMTEL shall in no circumstances be liable for any damage caused to Subscriber's equipment/hardware/or other property as a result of lightning, power failure, power surge, cyclone or any act of God, or any cause outside the reasonable control of EMTEL.

10.13. EMTEL makes no warranty and hereby disclaims all liabilities whatsoever in respect of and/or arising out of the Software used by the Subscriber to access the Service(s). In no event will EMTEL be liable to the Subscriber for any damages whatsoever, including any loss of profits, lost savings, or other incidental or consequential damages arising out of the Subscriber's use or liability to use the Software.

10.14. EMTEL shall not be liable whatsoever for any loss of data howsoever caused including without limitations, non -deliveries, misuses, misdeliveries as a result of any interruption, suspension, or for the contents, accuracy or quality of information or resources available, received or transmitted through the Service(s).

10.15. EMTEL shall not in any circumstances be liable under this Contract or otherwise for any direct or indirect loss, loss of business, revenue, profits or savings; wasted expenditure; corruption or destruction of data; or for any indirect or consequential loss whatever whether a rising from negligence, breach of contract or otherwise.

10.16. EMTEL shall not be liable for any loss whether direct or indirect or consequential resulting from the Subscriber's inability to use the Service(s) or the Subscriber's use of the Service(s).

10.17. EMTEL shall exercise the reasonable skill and care of a competent public telecommunications Service(s) provider in providing the Service(s). EMTEL shall, in no event be responsible to Customers for degradation in quality of Service(s) or unavailability of Service(s) resulting from faults, acts or omissions occurring on networks outside its control.

11. Emtel's remedy

12. FAULT REPAIR

13. TRANSFER OF SUBSCRIPTION

14. DATA PROTECTION

15. LAWS APPLICABLE – JURISDICTION

16. FORCE MAJEURE

17. MISCELLANEOUS

Annex A – Special terms and conditions of Fixed Postpaid and Prepaid Airbox

1.OBJECT

The present and General Terms and Conditions defines the terms and conditions under which EMTEL provides the Service(s) (hereinafter defined) to the Subscriber and under which the Subscriber accesses and uses the Service(s). The signature of the EMTEL Application and these Terms and Conditions constitutes the acceptance of the present Terms and Conditions by the Subscriber. This Service(s) allows the Subscriber to utilize Fixed Telephony Internet Service(s)s and Emtel Equipment as one Package, hereafter known as the Service(s). The Service(s) components commercialized may be amended from time to time by EMTEL at its own discretion.

2.DEFINITIONS

2.1. “1 GB” means 1 Gigabyte which is 1024 Megabytes of Data, and “1 TB” means 1 Terabyte which is 1024 Gigabyte of data, measured as a unit of digital information. “Air Transceiver” means a device affixed to a dish that receives and sends radio signals to and from the base station;

2.2. “Client Software” means software that allows a Device to access or utilize the Service(s)s or functionality provided by the Server Software;

2.3. “Device” means each of a computer, workstation, terminal, handheld PC, pager, telephone, personal digital assistant, “Smart phone”, or other electronic device;

2.4. “Equipment” means any or all of the equipment and/or accessories mentioned Clause in 4.2;

2.5. “Modem” means a device used to interface between an Air Transceiver and the subscriber network equipment such as personal computer over cable or Wi-Fi;

2.6. “Postpaid Airbox 4G” means Home Internet under 4G network bundled with voice service taken by a subscriber on a subscription basis with a minimum contract period of 1 year. Customer receives a bill service used at the end of every billing month to be paid within the billing period as specified in the bill.

2.7. ‘Prepaid Airbox 4G’ means Home Internet under 4G network bundled with voice service taken a by subscriber whereby the subscriber uses the service on a Pay as you Use basis. Customer recharges his account with a package/airtime with a specific validity period.

2.8. “Postpaid Airbox 5G” means Home Internet under 5G network taken by a subscriber on a subscription basis with a minimum contract period of 1 year and a maximum of 3 years. Customer receives a bill service used at the end of every billing month to be paid within the billing period as specified in the bill.

2.9. ‘Prepaid Airbox 5G’ means Home Internet bundled under 5G network taken a by subscriber whereby the subscriber uses the service on a Pay as you Use basis. Customer recharges his account with a package with a specific validity period.

2.10. “Wi-Fi” means the wireless local area network available from the Subscriber Equipment.

3.DURATION OF AGREEMENT AND RENEWAL BY TACIT AGREEMENT

3.1. The minimum period for subscription (Subscription Period) to the Service(s) of a Postpaid Airbox 4G is twelve (12) months.

3.2. The minimum period for subscription (Subscription Period) to the Service(s) of a Postpaid Airbox 5G is twelve (12) months and a maximum period for subscription of thirty-six (36) months.

3.3. For the first Subscription Period only, the number of days remaining between the first day of the subscription and the last day of the calendar month during which the subscription comes into effect is added to the (12) months period, (24) months period or (36) months period.

3.4. Unless notice of termination is given in writing one month before the expiry date of the then current period, the subscription is automatically renewed for a further twelve (12) months, (24) months period or (36) months period.

3.5. The notice of termination shall be addressed to the Customer Experience Manager, Emtel Ltd, presently at Emtelworld, 10, Ebene Cybercity, Ebene. Irrespective of the mode of payment, termination at the Subscriber’s initiative may only take place at the end of the then current Subscription Period.

3.6. The Subscriber may not cancel his subscription save and except in the manner provided in this Agreement.

3.7. If the Subscriber requests a suspension of the Agreement, then the Subscriber must attend one of EMTEL showrooms.

4. EQUIPMENT NECESSARY OR THIS SUBSCRIPTION

4.1 EMTEL will select the relevant Equipment to be supplied to the Subscriber under this Agreement at its discretion. The Emtel Equipment is at present only put at the disposal of the Subscriber on a loan basis for use exclusively for the purpose of this Agreement, and must be returned to EMTEL immediately at first request as more fully set out in Clause 7 “Return of Emtel Equipment”:

4.2 Any one of the following units of the Emtel Equipment and/or accessories is put at the Subscriber’s disposal:

a. Modem or Gateway or a fixed terminal device connected to Emtel wireless network for any technology;
b. Any other equipment/device and installation material provided by EMTEL.

5. USE OF EQUIPMENT BY SUBSCRIBER AND OBLIGATIONS OF SUBSCRIBER

5.1 The Emtel Equipment of a Postpaid Airbox put at the Subscriber’s disposal remains at all times the exclusive and non-transferable property of EMTEL.

5.2 The Subscriber cannot transfer Emtel Equipment of a Postpaid Airbox or put it at a third person’s disposal under any circumstances whatsoever.

5.3 The Emtel Equipment of a Prepaid Airbox is purchased by the subscriber at any Emtel shop with a warranty on the equipment. The equipment remains the property of the customer.

5.4 Emtel undertakesthat it shall for the whole duration of the Subscription Period ensure the normal maintenance, or have the normal maintenance performed, free of charge, of the Subscriber Equipment put at the disposal of the Subscriber by EMTEL in accordance with this Agreement, and to maintain the Emtel Equipment in proper working order.

5.5 In case of breakdown, the defective piece(s) of Emtel Equipment shall be handed over exclusively to EMTEL either at its place of business or at one of EMTEL’s authorized showrooms so as to be replaced or repaired. The Subscriber shall ensure that a receipt is remitted to him and should keep and present the receipt as proof when required.

5.6 The Subscriber is strictly prohibited from opening or effecting any intervention, transformation or modification of any nature on any part of Emtel Equipment for any reason whatsoever.

5.7 The Subscriber is expressly prohibited from damaging, removing or otherwise tampering with any labels fixed on a piece of the Emtel Equipment on which the serial number or otherwise and/or the logo of EMTEL or its Suppliers is displayed.

5.8 The Emtel Equipment provides separate Wi-Fi and network connection which is a separate channel for EMTEL use and/or for other EMTEL subscribers’ use. The Subscriber is strictly prohibited from tampering or carry out any modification of any nature on this Wi-Fi channel for any reason whatsoever.

5.9 In the case of disappearance, damage, or destruction for any reason or by any means whatsoever of all or any part of the Emtel Equipment put at the disposal of the Subscriber by EMTEL, the Subscriber shall inform EMTEL within forty eight (48) hours. The Subscriber shall indemnify EMTEL of the cost of replacing and/or the expense incurred for the repair of any part or all the Emtel Equipment lost, destroyed, damaged, whatever be the cause of the loss, theft, destruction of damage may be other than fair wear and tear.

5.10 The Subscriber undertakes and accepts that that the Service(s) availability and performance is dependent on Line of Sight to EMTEL base station or availability of EMTEL’s fiber or copper infrastructure. Should Line of Sight change after first installation and impact Subscriber’s Service(s), the sole remedy available to Subscriber shall be a termination of his Subscription without Subscriber being liable for early Termination Charges.

5.11 The Subscriber formally and expressly agrees that the use of the Service(s) is at his sole risks.

5.12 The Subscriber expressly agrees that the removal of the SIM Card for Emtel Prepaid and/or Postpaid Airbox Service(s) for any reason whatsoever is strictly prohibited and may entail automatic termination of the Service(s) without the need for judicial or extra judicial recourse.

6. INSTALLATION OF EQUIPMENT

6.1 The Subscriber equipment or modem is a Plug and Play device. In case of connectivity issues the subscriber can request for a technician for support subject to availability of the technician.

6.2 The technician shall advise the Subscriber of any additional installation charges to EMTEL over and above basic installation charges which are at no charge to the Subscriber.

6.3 The technician shall advise the Subscriber of those charges before the installation has been completed.

6.4 The Subscriber shall pay to EMTEL all fees and costs incurred for any additional technical intervention requested by Subscriber after installation has been completed or other in addition to that which is necessary for the delivery of the Service(s) in the final opinion of the technician.

6.5 The fees charged for supply of the Emtel Equipment, installation, are subject to change at the entire discretion of EMTEL.

6.6 Emtel is only selling home security camera devices which are standalone PLUG and PLAY devices. It is important to note that the installation of the cameras (whether it is indoor or outdoor), the saving of the camera recording videos files and maintenance etc. are not under the responsibility of Emtel. The responsibility lies with customer in terms of security, maintenance and installation/un-installation. Customers are advised to take help of expert home security services for the same.

7. RETURN OF EQUIPMENT

7.1. On the expiry or earlier termination of this Agreement for any reason whatsoever, the Subscriber shall return the Emtel Equipment of a Postpaid Airbox 4G/ Airbox 5G or modem to any Emtel showroom or to any Emtel sales representative within one month of the Agreement expiry.

7.2. In case the Emtel Equipment of a Postpaid Airbox 4G/ Airbox 5G or modem is not returned to Emtel showroom or to any Emtel representatives within one (1) month, Emtel shall keep the device security deposit of the router given by the Subscriber to Emtel at the time of Airbox subscription.

7.3. In case any one piece of the Emtel Equipment of a Postpaid Airbox 4G/ Airbox 5G is found missing or damaged at the time of return, Emtel can keep the device security deposit of the router given by the Subscriber to Emtel at the time of Airbox subscription.

8. SUBSCRIPTION TARIFFS & FEES

8.1 Any amounts in this Agreement are indicative only. EMTEL reserves the right to change any tariff at any time after the first Subscription Period of twelve (12) months by giving the Subscriber one (1) months’ notice of any change in price or tariff.

8.2 The Subscriber undertakes and binds himself to pay EMTEL subscription fees one (1) month in advance.

8.3. Unless specifically stated otherwise, special offers may not be taken up in conjunction with any other offer(s).

8.4. If a Subscriber downgrades his Service(s) to a smaller package that requires a smaller Monthly Fee, then no additional fees above and beyond the new Monthly Subscription Fee is applicable. The Agreement end date remains unchanged.

8.5. If a Subscriber downgrades their Service(s) to a smaller package that requires a smaller monthly fee, two conditions must be adhered to, in order to successfully downgrade the package:

a. The Subscriber may only downgrade their package a maximum of one time during a twelve (12) months subscription period;
b. The Subscriber may only downgrade their package to the next immediately available lowest Package.

8.6. If a Subscriber upgrades their Service(s) to a larger package that requires a larger Monthly Fee, then no additional fees above and beyond the new Monthly Subscription Fee is applicable. The Agreement end date remains unchanged.

8.7. The fees charged for the supply of Equipment, installation, are subject to change at any time at the entire discretion of EMTEL. All tariffs and fees shall be published by EMTEL from time to time and shall be available in EMTEL’s showrooms.

9. EARLY TERMINATION CHARGES

9.1 If the Subscriber terminates the Agreement with EMTEL prior to the Subscription Period completing, then the Subscriber will be liable to pay an Early Termination Charge (ETC).

9.2 This ETC amounts to the Subscriber’s current package’s Minimum Monthly Subscriber fee multiplied by the number of months remaining in the current Subscription Period.

10. TRIAL

10.1 This section applies to Subscribers who have been invited to trial the Service(s). By doing the trial Subscribers are deemed to have accepted the General Terms and Conditions of this Service(s) as well as relevant Specific Terms and Conditions as stated in this Annex.

10.2 Should the Subscriber wish to continue to use the Service(s) after the trial, the Subscriber is deemed to have accepted the General & Specific Terms and Conditions of Service(s).

10.3. Should the Subscriber wish to continue to use the Service(s) after the trial, the Subscriber's twelve (12) months Subscription Agreement is deemed to commence from when the trial period began.

10.4. The Subscriber may terminate the trial without penalty or payment during the trial period, provided the following conditions in Articles 5, (“Use of Equipment during Subscription”), and Article 7 (“Return of Equipment”) and are met, and that the Subscriber notifies EMTEL and/or an authorized EMTEL representative of his intention to opt-out of the Service(s) in writing.

10.5. EMTEL reserves all its rights and remedies stated in these Terms and Conditions and in the law including during the Trial Period.

11. WARRANTY

The Emtel Equipment is provided with a warranty in accordance with EMTEL’s warranty policy. THE WARRANTY PROVIDED BY THE WARRANTY POLICY REPRESENTS EMTEL’S ONLY EXPRESS WARRANTY AND IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED.

12. SUBSCRIBER USAGE POLICY

The Subscriber shall at all times comply with this clause 12. This clause shall survive termination of the Agreement.

12.1 THIRD PARTY SOFTWARE USE

The Subscriber understands and agrees that as part of the Service(s)s he, he may be accessing third party software which includes computer software provided by third party and may include associated media, printed materials, and “online” or electronic documentation (individually or collectively “Software Products”). EMTEL does not own the Software Products and the use thereof is subject to certain rights and limitations as detailed herein. End User’s right to use the Software Products is subject to Subscriber’s agreement, and to Subscriber’s understanding of, compliance with and consent to this Clause.

12.2 OWNERSHIP OF SOFTWARE PRODUCTS

All title and intellectual property rights in and to the Software Products (and the constituent elements thereof, including but not limited to any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the Software Products) are owned by third party supplier (Third Party Supplier) or its suppliers. The Software Products are protected by copyright laws and international copyright treaties. Subscriber’s possession, access, or use of the Software Products does not transfer any ownership of Software Products or any intellectual property rights to Subscriber.

12.3 USE OF SOFTWARE ON SUBSCRIBER DEVICES

Subscriber may use the Software installed on Subscriber’s Devices by EMTEL or its suppliers only in accordance with the instructions, and only in connection with the Service(s)s, provided by EMTEL.

12.4 USE OF REDISTRIBUTION SOFTWARE

Subscriber may not use, modify, copy, and/or distribute any redistribution software unless Subscriber expressly agrees to and comply with certain additional terms contained in the Service(s)s provider use rights (“SPUR”) applicable to third party suppliers, which terms may be provided to Subscriber by such Third Party suppliers. Third Party Supplier does not permit Subscriber to use any Redistribution Software unless Subscriber expressly agrees to and complies with such additional terms, as provided by Third Party Supplier.

12.5 COPIES

Subscriber may not make any copies of the Software Products; provided, however, that Subscriber may make copies of certain Redistribution Software in accordance with Paragraph 12.4 (Use of Redistribution). Subscriber must erase or destroy all such Software and/or Redistribution Software which is provided through EMTEL upon termination or cancellation of Subscriber’s Agreement with EMTEL or upon transfer of Subscriber’s Device to another person or entity, whichever first occurs. Subscriber may not copy any printed materials accompanying the Software Products.

12.6 LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY

Subscriber may not amend, reverse engineer, decompile, or disassemble the Software Products, except and only to the extent that applicable law, notwithstanding this limitation expressly permits such activity.

12.7 NO RENTAL

Subscriber may not rent, lease, lend, pledge, or directly or indirectly transfer or distribute Software Products to any third party, and Subscriber may not permit any third party to have access to and/or use the functionality of the Software Products.

12.8 TERMINATION

Without prejudice to any other rights, EMTEL may terminate End User’s rights to use the Software Products if Subscriber fails to comply with these terms and conditions. In the event of termination or cancellation, Subscriber must stop using and/or accessing the Software Products, and destroy all copies of the Software Products and all of its component parts.

12.9 NO WARRANTIES, LIABILITIES OR REMEDIES BY THIRD PARTY SUPPLIER

Any warranties, liability for damages and remedies, if any, are provided solely by EMTEL and not by Third Party Supplier or its affiliates or subsidiaries.

12.10 PRODUCT SUPPORT

Any product support for the Software Products is provided to Subscriber by EMTEL and is not provided by Third Party Supplier or its affiliates or subsidiaries.

12.11 NOT FAULT TOLERANT

The Software Products may contain technology that is not fault tolerant and is not designed, manufactured, or intended for use in environments or applications in which the failure of the Software Products could lead to death, personal injury, or severe physical, property or environmental damage.

12.12 EXPORT RESTRICTIONS

The Software Products might be of U.S. origin for purposes of U.S. export control laws. Subscriber agrees to comply with all applicable international and national laws that apply to the Software Products, including U.S. Export Administration Regulations, as well as Subscriber, Subscriber-use and destination restrictions issue by U.S. and other governments.

12.13 LIABILITY FOR BREACH

In addition to any liability the Subscriber may have to EMTEL, the Subscriber agrees that Subscriber will also be legally responsible directly to Third Party Supplier for any breach of these terms and conditions.

12.14 APPROVAL ON ACCESS

Subscriber approves that EMTEL and its authorized representatives and authorized Third Party Suppliers access its data stored for the Service(s)s in cases where:

a. The Third Party Supplier requests EMTEL to do so;
b. EMTEL and/or its Third Party Suppliers are required to do so by a government agency or regulatory body;
c. When performing routine backup and restore operations, virus scan and virus removal, SPAM and content filtering; or
d. If such access or inspection is urgent and necessary to protect personal safety, perform troubleshooting, restore systems operation in the event of a server failure, remove illegal content or prevent a server failure, Service(s) outage or other damage.

12.15 ACCEPTABLE USE POLICY

Subscriber may use the Service(s)s only for lawful purposes. Subscriber may not use the Service(s)s:

a. In any way that breaches any applicable local, national or international law or regulation;
b. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
c. to send, knowingly receive, upload, download, use or re-use any material which does not comply with the legally acceptable content standards;
d. To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other Form of similar solicitation (“SPAM”);
e. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. Subscriber also agrees not to reproduce, duplicate, copy or re-sell any part of the provided licenses. Subscriber agrees not to access without authority, interfere with, damage or disrupt any part of provided licenses, any equipment or network of EMTEL and/or Third Party Suppliers.

12.16 NO-SPAM POLICY

For the purpose of this Agreement SPAM is defined as, also known as Unsolicited Commercial Email (“UCE”) or Unsolicited Bulk Email (“UBE”), as any email message the recipient considers unsolicited and of a commercial nature or email sent in bulk. EMTEL expressly prohibits the sending of SPAM through its network and servers and those of its Third Party Suppliers. Prohibited SPAM includes unsolicited emails, bulk emails, SPAM response collection, SPAMvertising, mail bombing, mail harassment, letter bombing, prohibited mailing list activity, prohibited newsgroup activities, etc. EMTEL prohibits spamming, in order to protect the integrity of the EMTEL’s server and network resources and those of its suppliers. Complaints of SPAM, regardless of whether the email is actually solicited or not, are what trigger the blacklisting of Third Party Supplier networks and Service(s)s. Therefore, the sending of email which results in SPAM complaints is conclusively a spamming activity in violation of EMTEL’s and its Supplier’s No-Spam Policy. It is exclusively End User’s responsibility to prevent all SPAM complaints resulting from email activities on the hosted account.

EMTEL processes reports of SPAM activity and SPAM complaints in the manner described as following. If the email activity associated with the End User’s hosted EMTEL’s account realizes SPAM activity, EMTEL reserves the right to immediately suspend, limit or disable the account, and send email notice to End User’s account contact. An immediate threat includes receipt of ten or more SPAM complaints in a seventy-two (72) hour period.

13. LIMITATIONS OF THE EMTEL FIXED LINE SERVICE(S)

EMTEL Fixed Line Service(s) is to be provided between stationary network connecting points and at the address indicated by the Subscriber as the Installation Address provided by the Subscriber on the Tariff and Subscription Details for User. The Subscriber may be charged higher rates and penalty if the Subscriber Equipment is used at place(s) other than the Installation Address. It is the Subscriber’s responsibility to inform EMTEL in writing of any change in this address. EMTEL reserves the right to terminate the fixed Line Service(s) in the event that the Subscriber uses the Fixed Line Service(s) other than the Installation Address.

Annex B - International long distance Service(s)

Annex C - Other Service(s) usage conditions and fair usage policy

The following Policy relates to your use of EMTEL’s Home Broadband Service(s)s only. It is designed to make sure we can give you Service(s)s that are fast and reliable.

1. Use of the Service(s):

The Subscriber shall ensure that the use of the Service(s)s, by himself or anyone else via his account, complies with this Policy. If the Subscriber or anyone else using the Service(s) via his account breach this Policy EMTEL may:

a. Give you a notice to stop or moderate the unacceptable use(s); or

b. Terminate or suspend the Service(s)s, with or without notice as we consider appropriate under the Terms and Conditions of the Service(s); or

c. Change your transmission speeds; or

d. limit your usage; or

e. Report any unbecoming activities or conduct to relevant authorities.

2. The Subscriber must not use the Service(s)s for:

a. Unlawful, fraudulent, criminal or otherwise illegal activities;

b. sending, receiving, publishing, posting, distributing, disseminating, encouraging the receipt of, uploading, downloading or using any material which is offensive, abusive, defamatory, indecent, obscene, unlawful, harassing or menacing or a breach of copyright, trademark, intellectual property, confidence, privacy or any other rights of any person;

c. sending or uploading unsolicited emails, advertising or promotional materials, offering to sell any goods or Service(s)s, or conducting or forwarding surveys, contests, chain letters, except if you are working from home as a sole proprietor in business on your own account or you are a Business Customer and in either case you are permitted to send marketing communications in accordance with the local regulations

d. knowingly or negligently creating, transmitting, storing, publishing or uploading any electronic material which is known or likely to cause, interrupt, damage, destroy or limit the functionality of any computer software, hardware, telecommunications equipment owned by us or any other Internet user or person;

e. Activities that invade another’s privacy, cause annoyance, inconvenience or needless anxiety to any person;

f. Activities that are in breach of any other third party’s rights;

g. Anything that may disrupt or interfere with our network or Service(s)s or cause a host or the network to crash;

h. Launching “denial of Service(s)” attacks, “mail bombing” attacks, or “flooding” attacks against a host or network;

i. Granting access to the Service(s)s to others not located at the premises at which the Service(s)s are connected, or, in any way reselling or re-providing the Service(s)s to third parties;

j. Making excessive use of, or placing unusual burden on, the network, for example by sending or receiving large volumes of email or excessively large email attachments;

k. Circumventing the user authentications or security process of a host or network;

l. to engage in conduct or activities that EMTEL consider could adversely affect or prejudice the EMTEL reputation or brand;

m. sending email, or causing email to be sent, to or through EMTEL’s network that hides or obscures the source of the email, that contains invalid or forged headers or domain names or deceptive addressing;

n. Engage in a manner which attempts to manipulate or bypass any limitations on a customer’s Service(s) by any means.

3. Security:

a. The Subscriber is responsible for ensuring that security information remains confidential, so that the network cannot be used by any unauthorized person.

b. The Subscriber shall not disclose any security information to any third party, or use the same for any purpose connected with the improper use of the network.

c. If the Subscriber shares access with others, any downloads they make will be counted as your use and count towards any monthly download allowance or excessive usage.

4. Excessive Network Usage:

a. There is no limit on the monthly network usage. However, if we feel that your activities are so excessive that other customers are detrimentally affected, we may reduce your download and upload speed and we may or may not give you written warning (by email or otherwise). In extreme circumstances, if the levels of activity do not immediately decrease after the warning, we may terminate or limit your Service(s).

Terms and Conditions

Airbox Contract

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