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Terms and conditionsGeneral • Companies may enclose Certificate of incorporation, Memorandum of Articles, duty signed by M.D. / Director of the Company along with any proof of Identity of the authorized office of the Company. In case application is signed by authorized signatory, then attested photocopy or Power of Attorney must be attached. • In case of Government of Afghanistan, Undertaking, Govt of Afghanistan offices! The aforesaid requirements are dispensed with and self -certification on the letter head will suffice along with the name and designation of the coordinating officer to be consulted in case of need • In case of Foreign Missions in Afghanistan and other foreign agencies, the name and designation of the authorized officer along with details of officials etc. for whom the Cellular Mobile Phone is intended. • Payment will be accepted only in the form of cash in USD or Afghani and only at Company's director or authorized dealer outlets.
• The charges of SIM card and Top -up cards are non refundable under any circumstances what so ever. • The SIM card can be put to use only after activating it with appropriate Top -up card, which can be purchased separately (denomination of your choice). • Afghan Wireless supports the Original Equipment Manufacture's Warranty of handsets. The SIM replacement or loss policy is stated on the Afghan Wireless Price Sheet. INTRODUCTION TO THE AGREEMENT An agreement is formed between the subscriber (hereinafter referred to as Subscriber) and Afghan Wireless (hereinafter referred to as "AWCC") a company registered under the companies Act, having its registered office Ministry of Communication, Building Mohammad Jan Khan Watt Kabul, Afghanistan when the form has been signed by or on behalf of the of the Subscriber and AW has accepted the same, when used in these conditions. "Subscriber Equipment " Means Subscriber's GSM mobile telephone equipment described in the Agreement. "Net work," means the Afghan Wireless, GSM Network "Services" means the services, which enable the subscriber when using Subscriber Euipment to have two-way communication over the Network and other additional related services if specially entered into with subscriber. "Tariff" means and includes the agreed Tariff schedule and all rate related conditions, related fees and service charges under the Tariff Schedule as notified and published by Afghan Wireless from time to time. "SIM" means a Subscriber identification Module being a card or microchip programmed with data, which is used to gain access to Network. 1. PERIOD OF AGREEMENT • The Agreement period shall run in concurrence with License Agreement between the Ministry of Communications, Government of Afghanistan and Afghan Wireless for the operation of Cellular Mobile Telephone Service in Afghanistan and its provinces and the licensed geographical areas subject to other terms of this Agreement.
2. COMMENCEMENT • Agreement commences upon Afghan Wireless activating the SIM card and continues subject to other terms, as per Service(s)chosen by subscriber and operate concurrently with Afghan Wireless license to provide services. And money paid by the subscriber shall not create any right in favor of subscriber until activation. In addition Afghan Wireless reserves the right to the seek/verify financial and other information from subscriber's Bankers/credit provider and such other sources and reserve the right to reject subscription even after activation for any reason without liability. • Subscriber represents that ha has been fully informed about the Cellular Mobile Telephone services provided by Afghan Wireless, its specifacion, requirements, limitations, etc and has only thereupon signed this agreement. • Afghan Wireless shall be at liberty to provide the service under any brand name including but not limited to "Afghan Wireless."
3. SERVICES • The subscriber shall be provided a SIM card and Personalized Telephone Number (which can be changed by Afghan Wireless at any time) to enable the subscriber to use Afghan Wireless services upon acceptance, within Afghan Wireless System operating range in the local area coverage by Afghan Wireless and licensed geographical areas. • The SIM card and personalized Telephone Number is and shall always be the sole property of Afghan Wireless and shall be returned by subscriber(s) upon Termination/ Determination, hereof and /or temporary suspension of services. • For change/addition/deletions of any features/supplementary services/scheme/plan, subscriber shall fit out the requisite form and be bound by the additional terms thereof. And change or withdrawal from any supplementary services etc. shall not entitle the subscriber to any refund or adjustment of the money paid, under the additional terms. • Subscriber cannot use the service for any unlawful or illegal purposes, or for sending obscene, indecent, threatening, harassing, unsoiled messages, or message affecting/infringing national interest nor create any damage or risk to Afghan Wireless or its network and or/or other subscribers. Afghan Wireless reserves the right to disconnect services at its sole discretion on any such event. • Service quality, functionality availability and/or reliabity may be affected and /or Afghan Wireless is entitled to, without any liability, refuse, limit, suspend, vary, disconnect and /or interrupt the service in whole or in -part at any time, at its sole discretion, will respect to one/all subscriber(s) with out any notice, for any reason and /or due to various factors including but not limited to. Governments rules, Regulation etc. including changes thereto. • Privacy of communication is not guaranteed and is subject to Government's Regulations and such other factors Afghan Wireless is entitled to change, vary, add, withdraw any services/supplementary Services /Scheme/Plans etc. and /or vary the terms and charges at any time, at its sole discretion. The rate /charges may also change as per the directives of from time to time • In the interest of other users, we must limit the number and duration of messages that can be left on your Voice mail service. Please note that confidentially of messages cannot be guaranteed .You must not (nor allow others) to record any abusive or obscene greeting message or one t hat is likely to cause offence. • Calling Credit, if applicable, is limited as set out in the relevant price plan? • Calling Credit is calculated by the second by the rates set out in the relevant price plan. • Calling Credit will be credited to you on acceptance of a Top- up number by Afghan "Wireless". Afghan wireless may at any time suspend the services wholly or partially and /or disconnect any subscriber Equipment from the Network for any reason which is found to be reasonable by afghan wireless including any of the following circumstances
• Due to any discrepancy noted in the material particulars provided in the subscriber Agreement from including address confirmation • During technical failure, modification or repair or testing of the network • Afghan warless reserves the right to totally or partially disconnect the subscriber connection or to put him on location calling facility, whit or without notifying him in the case of his exceeding the prescribed credit limit Afghan wireless does not however, guarantee to effect such suspension /disconnection immediately upon the subscriber reaching the credit limit. The afghan wireless has the right to predetermined and prefix the credit limit to usage of Air Time, services and other Value Added Services in the event of the Subscriber having exceeded his predetermined limit he will be responsible to pay for all the calls made and services obtained even beyond the stated limit. • When this Agreement is determined owing to any reason inconsonance whit the terms of this agreement • Any other reason, which is found to be reasonable by Afghans Wireless warranting suspension /disconnection
Liability
• Afghan warless will not be liable to the subscriber for any loss of business profit , revenue or good will , anticipated saving use or contracts of for any indirect or consequential loss however it arises • Afghan wireless shall not be liable for any delayed activations. • Afghan wireless shall not be liable for any dealings of the subscribers with any party which is not authorized Afghan wireless to deal in its behalf • No warranties representations guarantee or undertakings are giver by Afghan wires less which are not specifically mentioned herein • Afghan wireless will not be under any liability for the Agreement or for any other failure to carry out its duties and obligations for reasons outside the control of Afghan wireless such as atmospheric conditions, physical features (e.g. bridges and building) and the proximity of the stations Acts of God etc and any other force major conditions due to which the services are affected • Afghan wireless will not be liable for factors outside its control such as atmospheric conditions, physical major conditions due to which the services are affected . • Afghan wireless is not responsible for the acts of Franchises / Business Associates / Distributors / Channel partners / dealers / Retailers whit Regard to schemes which are not authorized by Afghan wireless which are purported to have been offered on behalf of Afghan wireless whiteout the letter sanctions • A sim is provided for the subscribers use in order to gain access to GSM network. It is the subscriber's responsibility to keep these secured, as Afghans wireless is not liable for any loss or liability incurred by the Subscriber Resuming from the unauthorized use. In case of loss of SIM card by the subscriber, the same should be reported to Afghan wireless at the earliest the issuance of new SIM card shall entail charges as set out in the Tariff scheduled from time to time. • The SIM card remains the constructive property of Afghan wires in the hand of the subscriber. The same shall be returnable to Afghan wireless on Severance /Suspension of subscriber relationship for any reason whatsoever as per terms & conditions, Afghan Wireless is not responsible for any manufacturing defect in SIM card after an expiry of 6 moths from -the dates of purchase. Beyond this period, Subscriber will have to obtain a new SIM card after paying the requisite charges
SALES OR TRANSFER
• Afghan wireless connections /sim card shall be non transferable in nature and any private transfer effected by the subscriber shall not absolve the subscriber of this primary dully towards Afghan Wireless for usage charges levied pertaining to such particular connections /sim card • Just because Afghan wireless accepts payment from a person other than the subscriber this does not mean that afghan wireless has accepted that any of the rights or obligations of the subscriber have been transferred or modified.
DISPURERSOLUTION • In case of any dispute, the matter will be referred to the sole arbitration of connected chief General Manager or his nominee and will be governed by the provision of Arbitration & Conciliation Act.
ENDING THE AGREEMENT • The subscriber may end the Agreement pried by gibing Afghan wireless not less that 30 days notice to end it but such a notice cannot bring the Agreement Period to an end Unless and until charge prating to the particulars of SIM card and all the services obtained as per tariff have been duly discharged. It shall be obligatory for the subscriber to make full payments of his dues before any terminations is effective from the Subscribers side • Afghan wireless may terminate the Agreement period at any time without giving notice and without assigning any reason if her in breach of any terms of this agreement in all other cases afghan wireless may terminate the agreement at its discretion by giving reasonable notice. Afghan wireless may decide to give Subscriber in such form, as it deems appropriate
OTHER MATERS • any notice to be giver by the Subscriber to Afghan wireless shall be give in writing to the General manager ( mobile services ) at the designated address • Where two or more persons constitute the subscriber, their liability is joint and several. • The scope of the cellular services is governed by the Statutory Guide lines issued by the Ministry of communications with the parameters of license Agreement executed with Gov .of Afghanistan • This agreement, may be available in and English and Dan version. If any disagreement upon the language used the English Language Version shall prevail. |
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