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Terms and Conditions
- Agreement: NTL agrees to provide Customer with the telecom and cable TV services (“Services”) pursuant to the plans chosen on backside of this page.
- 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 the Services. Agreement is automati-cally renewed at the expiry of Minimum Term, unless NTL 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.
- Rates and charges: As long as Customer is subscribed to NTL’s services, Customer agrees to pay in advance the applicable service rates for the Service plans he/she selected along with all charges properly billed to his/her account. Such charges include (but are not limited to) one-time installation charges, monthly installment for hardware and monthly service charges and applicable duties and taxes. NTL reserves the right to increase/decrease the charges, tariff and monthly packages by giving 15 days advance notice to the Custom-er. In case Customer has used the services and not billed due to any technical reason, Customer will be fully liable to pay for the service as and when billed by NTL.
- Change of Service Plan: Customer may change to another service plan free of charge, if no actual work is needed by NTL at Customer’s premises. The written change of service plan request from Customer should reach NTL 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.
- Refunds: The Customer may terminate the services by giving NTL 30 days prior notice for claiming of refund of charges except the initial one time setup and installation fee and cost of equipment. Depreciation policy will apply in case of return of used hardware. 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 NTL. The minimum refund period will be 7 working days from the date of claim.
- Security Deposits: NTL requires deposit as security payment equivalent to one-month recurring amount of service plan selected. The Security so depos-ited shall remain in the use of NTL and shall be refundable / adjustable against unpaid invoices on the completion of the service agreement on its termina-tion, whichever is earlier.
- Default: If Customer does not pay any charges owed to NTL when due or violates any of the terms of this Agreement, then NTL will have the right to discontinue or restrict the service either temporarily or permanently without notice. In either case, NTL shall incur no liability whatsoever. NTL also reserves the right to terminate services of the Customer without notice if customer abuses NTL staff in person, on phone or on email.
- Usage: The Customer shall not use the Internet, telecom and cable TV service for any unlawful purposes and comply with all provisions of Pakistan Telecom-munication (Re-organisation) Act, 1996, Pakistan Electronic Media Regulatory Authority Ordinance, 2002 and other applicable laws.
- Availability of Service: NTL will use its best efforts to provide Customer with quality services without interruption, as far as technically feasible. However the service is subject to unavailability due to technical faults. Service to any or all Customers may be temporarily interrupted or curtailed because of equipment failures and cable cuts, modification, upgrades, relocations, repairs and similar activities necessary for the proper operation of service.
- Customer Support: NTL will provide telephonic customer support through its Technical Assistance Center (TAC). Onsite customer support in case of physical network problem will be provided within 48 hours (excluding weekends and public holidays). As a telecom operator, NTL’s responsibility is to extend connectivity to the customer premises equipment (CPE) installed by NTL. Connectivity beyond CPE is the responsibility of the Customer. In case of a fault identified at Customer’s end beyond CPE, Customer will be charged for additional value added services as per prevailing rates.
- Governing Law: This Agreement shall be deemed made and entered into in the courts of the respective territory where the service is being provided by NTL and shall be construed and enforced in accordance with and governed by the laws of the Islamic Republic of Pakistan.
- 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, attorney’s fees and expenses incurred by NTL in enforcing the terms and conditions of this Agreement and in pursuing its claims.
- Limitation on Damages: In no event shall NTL and/or any of its agents, employees, officers, parents, affiliates, subsidiaries, successors, assigns, directors, brokers, and/or attorneys (“NTL parties”) be liable to Customer for lost profits and/or punitive 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, termination, cancellation or non-renewal thereof;(4) Customer’s business;(5) the Services;(6) the CPE; and/or (7) any act, omission, and/or negligence of any of the NTL parties.
- Claims: Claims against NTL shall be limited to recovery of no more than the sums paid to NTL for the Services. NTL shall not to be liable for any damage caused by delay in delivery, installation or furnishing of the services, the CPE and/or periodic and/or recurring interruption in the services being provided under this Agreement.
- Operating Environment: Customer shall assume full responsibility for the overall effectiveness and efficiency of the operating environment in which NTL’s services and/or in the CPE 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 accrued. Warranty of the NTL provided hardware is subject to terms and conditions mentioned on the Warranty Card.
- Assignment: NTL may assign Agreement or assign the right to receive payments without Customer’s consent. Customer may not assign this Agree-ment without NTL’s prior written consent, which may be withheld in NTL’s sole discretion.
- Indemnity: NTL is not responsible for any injury or loss to Customer caused by Customer’s use of the service. Customer agrees to indemnify, defend, and reimburse NTL 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.
- Extra Cabling Charges: NTL staff will perform limited inside wiring as per customer’s selected package for connectivity to the CPE. Any extra cabling charges will be billed to the Customer as per actual.
- Virus Related Traffic: Customer is responsible for proper maintenance of his computer system(s) like installation of Anti-Virus Software, etc., while utilizing NTL’s service. All un-intentional traffic generated due to virus or misuse of customer’s password be charged to the Customer’s account, as it consumes NTL’s bandwidth.
- Non Usage of Telephone line (POTS): In case the customer’s phone lines are not used for a period of 180 days, for either incoming or outgoing calls, NTL will de-activate their allocated numbers without notice and same numbers will be allocated to other users.
- ONT without UPS :
- Services might get disrupted, if ONT does not recieve full power via home UPS as it is connected to other household electronics as well.
- Nayatel is not responsible, if ONT get faulty by using home UPS because of low battery, power surges or frequent power outages etc.
- If ONT is not performing in a right manner or creating any issues, customer has to buy Nayatel UPS to get the promised output.
- Miscellaneous:
- NTL at its exclusive discretion reserves the right to refuse, change or remove Customer IDs/ Password/PINs which it seems inappropriate.
- Should the Customer be in breach of any of the terms, NTL may terminate the Service immediately without any notice and without termination damages claim in NTL for such a breach.
- NTL makes no warranty and hereby disclaims all liabilities whatsoever in respect of and/or arising out of the facilities provided by NTL or the software not owned, or distributed by NTL.
- NTL disclaims all liability whatsoever, for any loss of data howsoever caused including without limitations of 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.
- NTL can use Customer’s contact information (email, phone, postal address, etc.) for sending its new products and services information to the customers.
- NTL has right to add, remove, modify, and change the positioning and layout of its broadcasted TV channels and video on demand content, without notice to the Customer.
- All requests regarding connection modification, value-added services or any other service are to be made via registered Email / Mobile number. Requests from unregistered email/mobile number will not be entertained.