1.1 Company: Nuetel Communications SPC, a company duly established in accordance with the laws of the Kingdom of Bahrain and a holder of commercial registration number 52367-1.
1.2 Customer: The person who requests subscription with Services provided by the Company and who by signing an application form confirms reading, understanding and accepting all the terms and conditions specified in this General Terms and Conditions.
1.3 Authority: The Telecommunications Regulatory Authority, established in accordance with the Legislative Decree No. 48 of 2002 promulgating the Telecommunications Law.
1.4 Service: means any product, service or add-on provided by the Company which has been purchased, subscribed to or otherwise made available to be used by the Customer and to which these General Terms and Conditions are to apply.
1.5 Agreement: means the entire contractual agreement between the Company and the Customer. And which can be provided personally or to any approval digital media.
1.6 Application Form: means the Company physical forms through which the Customer sign to indicates their consent to purchase or subscribe to the Service which is considered an integral part of the Agreement.
1.7 Subscription: This means the Company approved medium through which the Customer indicates their consent to purchase or subscribe to the Service which is considered an integral part of the Agreement.
1.8 Commitment Period: if applicable, means the minimum commitment period for the Service or component of the Service, in which it commences from the relevant Application Form date and expires at the end of the duration specified in the Application Form which shall not exceed twenty-four (24) months.
1.9 Due Date: This means the date as of which, the amount issued in an invoice becomes due for payment. After this date, the Company may take actions against the Service or the Customer pursuant to the Company’s credit control policy.
1.10 Fair Usage Policy (FUP): means that use of service will be subject to certain usage parameters mentioned in our policy shown in Nuetel website: www.nuetel.com
1.11 Contract term: Subscribers to Nuetel services shall agree to a 12 months contract period or 24 months contract period as specified in the application form upon the provision of a service.
1.12 Advance notice period: is 1 month notice before any proposed action to amend or rescind this service contract and terms & conditions.
2. Provision of the Service
2.1 The Company shall provide the Service to the Customer.
2.2 The Company shall connect the Customer with the Service within a period not exceeding ten (10) working days commencing from the date of submission of the Application Form, unless otherwise agreed with the Customer in writing.
2.3 The Customer accepts that, due to its very nature the Service may vary from time to time, and maybe adversely affected beyond the Company’s control. Therefore the Company cannot guarantee fault-free Services.
2.4 The Customer acknowledges that from time to time the Company may carry out maintenance or testing of its network. Furthermore, the Customer acknowledges that there may be unplanned outages, interruptions which may arise as a result of network performance, third party interference or otherwise, which may cause disruption to the Service. During both planned and unplanned outages, the Company will try to keep the period of disruption to a minimum with a restoration time of 72 hours and shall provide at least 48 hours prior notice.
2.5 The Company undertakes to repair defaults whenever they occur in accordance with the conditions of the license or relevant regulations. Although Nuetel shall use reasonable endeavors to keep any disruption to the provision of the Services in such circumstances to a minimum with a restoration time of forty-eight (48) hours.
2.6 The Company may, for purposes of safety and security or the conditions of the license granted to it, suspend any service provided to the Customer or request the Customer to temporarily refrain from using the Service.
2.7 The Company shall share with the Customer the Subscription and Usage Bills on monthly basis. The charges are payable monthly in advance. Monthly charges for services provided for part of a month shall be charged on a pro-rata basis.
2.8 The minimum internet access speed offered by Nuetel to the Customer at approximately 1Mbps via ethernet/fiber connection. This access speed is between the Customer and the Nuetel network/node/switch inside Kingdom of Bahrain. The internet access speed for sites situated outside of Bahrain may vary as these are dependent on factors outside of Nuetel’s control. Furthermore, the quality of service offered by Nuetel is dependent upon a number of factors including but not limited to customer local setup and WiFi.
2.9 As part of service maintenance, The Company shall be responsible about repairing or replacing any supplied equipment by the Company to ensure service sustainability.
3. Guarantees and Deposits
3.1 Subject to the conditions of the license granted to the Company, the Company may request the Customer, whether at the time of signing the Application Form, or at any time during its duration, to deposit a guarantee or surety with the Company in an amount and of a type as specified by the Company.
3.2 Upon submission of the Application Form and prior to connecting the Customer with the Service, the Customer shall pay the guarantee or surety as a security in cash and where the amount specified by the Company on a case-by-case basis. This guarantee shall remain in force throughout the duration of the subscription for the purpose of settling amounts due by the Customer against the utilization of the Service. The security shall be considered as the basis of the credit limit allowed for the Customer, and which may be increased upon the request of the Customer provided that such an increase shall be followed by an increase in the amount paid as a security as required by the Company. The Service shall be subject to suspension at any time where the Customer reaches the credit limit during the term of the subscription, provided that the Company notifies the Customer in the appropriate manner.
3.3 Any amounts due by the Customer upon termination or repudiation of the Application Form shall be settled by the guarantee or surety, and the balance, if any, shall be returned to the Customer.
4. Use of the Service by the Customer
4.1 The Customer undertakes not to use the Service for purposes that endanger security and general safety, or to use it in a manner that contravenes the laws and regulations in force
4.2 The Customer shall not do anything that causes the network to be impaired or damaged and shall not use any Equipment or Services for any purpose that the Company believes is abusive, a nuisance, illegal or fraudulent.
4.3 The Company services may be subject to the Company Fair Usage Policy which is available on Nuetel website.
4.4 The Customer may not lease, resell or assign the service without the prior written consent of the Company and where the appropriate process is undertaken for such action.
5. Payment of Charges and Fees
5.1 The Customer undertakes to pay, upon receipt of the first month’s bill, the connection fee, the first month’s subscription fee, and the fees for any additional Services subscribed by the Customer in accordance with the Application Form(s), Subscription and publicized prices and tariffs.
5.2 The Customer shall pay the monthly subscription service on the Customer’s monthly invoice, in accordance with the prices and tariffs affixed and publicized by the Company. The Company may change such prices and tariffs throughout the term of the subscription contract and shall notify the Customer of such changes in the
appropriate manner with an Advance notice period. In the event that the Customer does not accept these changes, the customer will be eligible to terminate the contract without any additional fees. And in this case, the Customer will be liable for the amounts as to the date of termination.
5.3 The Customer shall pay all taxes appearing in the monthly invoices, if and when such taxes are levied by the government and collected by the Company on its behalf.
5.4 The Customer shall pay the amount of the invoice by the Due Date.
5.5 The records of the Company shall be considered conclusive and final evidence of all amounts due by the Customer unless the Customer definitively establishes that there is an excess in the invoice.
5.6 If the customer, in good faith, disputes the amount in a bill solely relating to statement errors (Billing Disputes) by notifying Nuetel in writing, the customer shall:
a) Continue to pay any undisputed amounts to Nuetel on or by the bill due date;
b) Co-operate with Nuetel to promptly resolve the Billing Disputes; and
c) Where applicable, pay the amount agreed upon mutually between the parties within fourteen (14) days from the resolution of the Billing.
5.7 The Company may allocate amounts paid by the Customer to settle amounts outstanding under the Application Form/Subscription or outstanding under any other Application Forms/Subscriptions pertaining to the Customer, as it deems fit.
5.8 Non- Compliance with Payment Term
Should the Customer fail to make payment of any fee on its due date, after being notified, Nuetel may suspend any or all of services. In addition, Nuetel may terminate this Agreement without the need to address any notice or formal summons or issuance of the judicial sentence in regards thereof, without prejudice to Nuetel right to claim the outstanding dues from the Customer including the respective Termination Fee in addition to (a) the late payment charges of BD0.500 per month, (b) any legal fee equivalent to the amount charged by the courts, and (c) the debts collection charges at a flat rate of 12% of the claimed amount through judicial means. Nuetel may also appoint a third party to collect such outstanding dues. All charges are exclusive of Value Added Tax (VAT).
6. Disconnection of the Service
6.1 The Company may disconnect the Service in the following circumstances:
a) In the event any invoices are not settled within their Due Date.
b) In the event, at any time, the value of fees and additional Services reaches the value of the security paid in advance, provided that the Company shall notify the Customer in the appropriate manner.
c) In the event the Customer has a previous or subsequent Application Form or Subscriptions on which there are amounts due which have not been settled within their Due Date.
d) Where the Customer exceeds the limit of the normal use of the Service during any period or exceeds the credit limit allocated to the Customer by the Company.
6.2 To avoid service suspension, the Customer must pay the amount due on the invoice maximum of 30 days after the Due Date.
6.3 The Company shall disconnect the service within a period not exceeding 20 calendar days commencing from the date of termination request.
6.4 Disconnected services shall be reconnected free of charge within 30 days from the date of disconnection after settling all outstanding dues. After which, fees of BD10 will be applied for reconnection requests prior to settling all outstanding dues. Reconnection process of a disconnected service illustrated in detail in the Code of Practice, www.nue-tel.com.
6.5 Nuetel may also suspend the Services with immediate effect where:
a) The relevant government authorities within the Kingdom of Bahrain or elsewhere require Nuetel to suspend the Services for whatever reason; or
b) Nuetel have good reason to suspect that the customer is in breach of any of these Terms & Conditions.
7. Term and Termination of the Agreement
7.1 These General Terms and Conditions will come into effect as of the date of the provision of the Service to the Customer in accordance with the Application Form or Subscription submitted by the Customer.
7.2 These terms remain valid during the Commitment Period agreed in the Application Form.
7.3 The Company may, at any time, terminate these General Terms and Conditions, in any of the following events:
a) Death of the Customer.
b) When the Customer breaches any of the conditions appearing herein, or contravenes the Telecommunications Law in force, and is thereafter notified of such breach or contravention.
c) If the Company finds that any of the information provided by the Customer in the Application Form is incorrect, or if the Customer fails to provide the Company with such documents as are necessary for the proper promulgation of the Application Form.
d) Where the Customer fails to pay any or all of the due amounts. e) Upon insolvency, bankruptcy or liquidation of the Company.
f) Where the Company’s license is revoked, withdrawn or suspended by the Authority.
g) In the event of new laws or regulations issued by the Authority or other relevant governmental authorities which deem these General Terms and Conditions void and invalid.
7.4 In case the Customer decides to request early Service termination or changing the Service package, a termination fee apply. The Customer obligated for the termination fee and liquidated damages as follow: LD = MRC X (CP – M)
LD = liquidated damages to be paid
MRC = Monthly Recurring Charge for the Termination Service.
CP = Commitment Period in months
M = number of months between the request for the Service date and the termination request date rounded-up to the next full month.
Outside the Minimum Service Period, there is no termination fee.
7.5 Immediately after the termination of these terms & conditions for whatever reason, Nuetel will send the customer the bill for all charges which are outstanding as a result of your use of the services and which have not yet been billed by Nuetel prior to terminations of services. This bill will include any monthly subscription charges which are outstanding at the date of terminations.
7.6 Change of ownership facility is permitted provided that both current and new subscribers are present and fulfill the Service termination/activation requirements.
8.1 Unless provided otherwise, the Company’s Equipment made available to the Customer as part of a Service must be returned to the Company when the Service ends. If the Customer fails to return the Equipment in accordance with the provisions of the relevant Application Form, the Company may charge the Customer for its non-return at a fee specified by the Company and which shall not exceed BHD 50.000
8.2 Responsibility for the reporting of faulty, damaged or lost Equipment rests with the Customer. If Equipment needs repair/replacement through no fault of the Customer, the Company will repair/replace the equipment at no charge to the Customer. The Customer shall bear the cost of the repair/replacement of the equipment should the damage/failure/loss is a result of the Customer misuse, misplacement and/or negligence.
8.3 The Customer acknowledges receiving the Equipment in good physical condition at the point of sale or at Customer’s premises, thereafter he/she will be responsible for the condition of the Equipment.
9.1 The Company is entitled to reject an application submitted by any Customer unless all amounts due by that Customer are paid to the Company, and it may reject it if it is established that the Customer was not committed to settling invoices under other subscriptions after their Due Date.
9.2 The Customer declares that he/she/it is of legal age and/or has the legal power to enter into these General Terms and Conditions and be bound their terms herein.
9.3 Disputes, differences, or questions (a “Dispute”) shall be amicably settled between the Customer and the Company. A request for dispute resolution may be submitted to the Authority in the case that the complaint has been exhausted within the statutory 60 days period stipulated in the law, and in the case following the expiration of the 60 days period, even though the Company did not decline to investigate or seek to resolve the complaint within the 60 days period, it failed to provide the Customer with notification of resolution or the Company has provided the Customer with notification of resolution, where such resolution is not to the satisfaction of the Customer.
9.4 Any forbearance or tolerance on the part of the Company in the execution of the provisions of these General Terms and Conditions shall not be considered to be a waiver of any of its rights hereunder.
9.5 The General Terms and Conditions shall be governed by the laws of the Kingdom of Bahrain. The Company and the Customer acknowledge that any dispute arising between the Company and the Customer may be either:
a. Reviewed by the Authority in accordance to the process set out in the Code of Practice
b. Submitted to the competent courts of the Kingdom of Bahrain.
9.6 These General Terms and Conditions shall be considered binding upon all the Customers signing it as of the date of such signing.
9.7 Nuetel reserves the right to amend the terms of these General Terms and Conditions provided it has received the prior approval of the Authority thereon, and has publicized such amendment (30) days prior to its coming into effect.
9.8 In the event the Company revises the Term & conditions and/or the contractual obligation, the Company will communicate such changes to the Customer with advance notice period. The customer may terminate the service contract without any additional charges within 30 days from the advance notice period.
9.9 Nuetel is not liable to the customer if it is unable to perform any obligations or provide the services because of any cause or circumstance whatsoever beyond Nuetel’s reasonable control, including but not limited to any nature, fire, acts of terrorism, war, civil, riot commotion, embargo, extreme weather conditions, industrial action, labour dispute, prevention from obtaining raw material, power failure, breakdown of plant & machinery or vehicle, theft, sabotage and malicious damage, acts or omission of government or authority, or failure of third party telecommunications system which impact upon Nuetel’s ability to provide the services.
9.10 The Customer has read, understood, and accepted all the terms and conditions of these General Terms and Conditions.
9.11 The duration of the service contract is indicated on the Application Form and shall not exceed 24 months commencing from the date of service delivery. Any proposed action to amend or rescind this service contract will be communicated directly to the Customer with an advance notice period.
9.12 The Customer may be subject to internet usage limitations in compliance with the laws and regulations of the Kingdom of Bahrain. Description of the limitation conditions detailed in the Fair Usage Policy (FUP), www.nue-tel.com.