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CUSTOMER AGREEMENT FORM

Please write in BLOCK letters. Fields marked with * are mandatory.

CUSTOMER DETAILS

SERVICES

COST ESTIMATE

Service / Equipment (One Time)
Description
Installment
Cost + GST
Total

Installation Charges

ONT Charges

CPE Charges (Router / Switch / Extender)

Other Charges (If any)

Security Deposit (Refundable)

VAS Charges

Total

NOTE: Extra cabling / civil works to be billed separately as per actual on unit rates provided to the customer.
Monthly Service Charges
Telephone
Internet
VPN / VAS / Others
Total

Monthly Package (Payable in Advance)


Cheque / Receipt #

Total Amount

*I undertake that I have been clearly informed about terms and conditions of STL services and I understand about:

Extra cabling and hardware cost . Limitations of ONT, WiFi coverage, UPS battery backup and other hardware . Depreciation and ONT+ UPS buy back policy . Expected date of installation . Any new service may not be necessarily compatible with my hardware purchased and it may require new hardware in future . Value added services (VAS) charges in case of field team visits where problem is with my equipment . Details of my first bill . Terms and conditions on the back of this form

Date

FOR OFFICE USE ONLY


Lead Made By

Form Filled By

Sales Rep.

Sales Manager

TERMS AND CONDITIONS

Please read following terms and conditions carefully before signing the Customer Agreement Form (CAF) between Smart Telecom (Pvt.) Ltd., (hereinaffer referred as ’STL’) and the ‘Customer’:
      1. AGREEMENT: STL agrees to provide Customer with the telecom services ('Services') pursuant to the plans chosen on backside of this page.
      2. TERM: This Agreement takes e¦ect 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 the Minimum Term, unless STL 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 is subscribed to STL ‘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, monthly service charges and applicable duties and taxes. STL reserves the right to increase/- decrease the charges, tari¦ and monthly packages by giving 15 days advance notice to the Customer. 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 STL. In case of late payments made affer the due date by the Customer, STL reserves the right to charge a late payment surcharge @ 5% per month of the unpaid balance.
      4. CHANGE OF SERVICE PLAN: Customer may change to another service plan free of charge, if no actual work is needed by STL at Customer's premises. The written change of service plan request from Customer should reach STL on or before 25th day of a calendar month for the new plan to take e¦ect from 1st day of the next month. No change of service plan requests will be entertained during the month.
      5. REFUNDS: The Customer may terminate the services by giving STL 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/tra‰c volume un-utilized by the Customer from the date of filling the claim with STL. The Minimum refund period will be 14 days from the date of claim.
      6. SECURITY DEPOSITS: STL requires deposit as security payment equiva- lent to one-month recurring amount of service plan selected. The deposit is refundable at the time of termination of services either by the Customer or STL. This deposit can be adjusted in any outstanding amount due at the Customer's end.
      7. DEFAULT: lf Customer does not pay any charges owed to STL when due or violates any of the terms of this Agreement, then STL will have the right to discontinue or restrict the service either temporarily or permanently without notice. In either case, STL shall incur no liability whatsoever.
      8. USAGE: The Customer shall: (a) not use the telecom service for any unlawful purposes; (b) not attempt to gain unauthorized access to any computer system connected to the Internet; (c) not introduce any comput- er virus into the internet or the STL computer systems; (d) not persistently send messages without reasonable cause or for causing any threat, harass- ment, annoyance, inconvenience or anxiety to any person; (e) not send any message which is o¦ensive 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; (f) comply with all provisions of Pakistan Telecommunication (Re-organisation) Act, 1996 and other applicable laws.
      9. AVAILABILITY OF SERVICE: STL will use its best efforts to provide Custom- er 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 proper operation of service.
      10. CUSTOMER SUPPORT: STL will provide telephonic customer support through its Technical Assistance Center (TAC) on 24x7 basis. Onsite customer support in case of physical network problem will be provided within 48 hours (excluding weekends and public holidays). As a telecom operator, STL’s responsibility is to extend connectivity to the Customer Premises Equipment (CPE) installed by STL. 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.
      11. GOVERNING LAW: This Agreement shall be deemed made and entered into the courts of the respective territory where the service is being provided by STL and shall be construed and enforced in accordance with and governed by the laws of the Islamic Republic of Pakistan.
      12. 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 STL in enforcing the terms and conditions of this Agreement and in pursuing its claims.
      13. LIMITATION ON DAMAGES: In no event shall STL and/or any of its agents, employees, o‰cers, parents, a‰liates, subsidiaries, successors, assigns, directors, brokers, and/or attorneys (‘STL 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: this Agreement; (b) the rights granted hereunder; (c) any breach, termination, cancellation or non-renewal thereof; (d) Customer‘s business; (e) the Services; (f) the CPE; and/or (g) any act, omission, and/or negligence of any of the STL parties.
      14. CLAIMS: Claims against STL shall be limited to recovery of no more than the sums paid to STL for the Services. STL 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.
      15. OPERATING ENVIRONMENT: Customer shall assume full responsibility for the overall effectiveness and efficiency of the operating environment in which STL’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 affer the cause of the action has accrued. Warranty of the STL provided hardware is subject to terms and conditions mentioned on the Warranty Card.
      16. ASSIGNMENT: STL may assign Agreement or assign the right to receive payments without Customer's consent. Customer may not assign this Agreement without STL's prior written consent, which may be withheld in STL's sole discretion.
      17. INDEMNITY: STL 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 STL 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 affer the term of this Agreement has expired and/or affer termination of this Agreement.
      18. EXTRA CABLING CHARGES: STL sta¦ will perform limited inside wiring as per customer’s selected package of connectivity to the CPE. Any extra cabling charges will be billed to the Customer as per actual.
      19. VIRUS RELATED TRAFFIC: Customer is responsible for proper maintenance of his computer system(s), like installation of Anti-Virus Soffware, etc., while utilising STL ‘s service. All un-intentional tra‰c generated due to virus or misuse of customer's password to be charged to the Customer’s account, as it consumes STL’s bandwidth.
      20. 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, STL will de-activate their allocated numbers without notice and same numbers will be allocated to other users.
      21. MISCELLANEOUS: (a) 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; (b) STL at its exclusive discretion reserves the right to refuse, change or remove Customer IDs/ Password/PINs which it deems inappropriate; (c) Should the Customer be in breach of any of the terms, STL may terminate the Service immediately without any notice and without termination damages claim in STL for such breach; (d) STL makes no warranty and hereby disclaims all liabilities whatsoever in respect of and/or arising out of facilities provided by STL or the soffware not owned, or distributed by STL; (e) STL disclaims all liability whatsoev- er, 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.
Smart Telecom (Pvt.) Ltd. 24 B Commercial Area, Pak Arab Housing Scheme, Ferozpur Road, Lahore – Pakistan.