This Subscription Contract ("Contract") stipulates the Terms and conditions to be signed by and between Kuwait Telecom Company and Subscriber. (Collectively referred to as "Parties" and individually as "Party"). The Contract shall be effective from the date of signature by the Parties.
First: Terms and Definitions:
- 1. Company: Kuwait Telecom Company. K.S.C ("VIVA")
- 2. Subscriber: Means any legal entity (person or corporate) requests for subscription form to avail Company Services.
- 3. Subscription Number: Identification number given to the Subscriber by the Company to provide the Service.
- 4. Tariff: The price fixed by the Company for offering its Services (price per minute for local/ International call, data, SMS)
- 5. Activation Tariff: Means price paid by the Subscriber to the Company to activate each Subscription Number.
- 6. Package: Set of services provided by the Company to the Subscription Number for a fixed Price for monthly Service.
- 7. Services: Each service provided by the Company to the Subscriber including, but not limited to, transferring, receiving and sending the calls, SMS and multimedia data via a telecommunication network, more details of Services are available with Company call center/website.
- 8. Payment Method: Prepaid or Postpaid method as selected by the Subscriber. In the case of the prepaid method, the Subscriber shall make the payment in advance for the value of the selected Services. In the case of the postpaid method, the subscriber shall make payment upon availing the Packages Service. Under this method, the subscriber may sign any future annexes which contain different a package.
- 1. The Company shall provide the Services to the Subscriber as per the payment method.
- 2. If the Subscriber desires to add or cancel any Service, instructions related to each Service shall be applicable.
- 3. The Company reserves right to change, suspend or cancel any Service on notifying the Subscriber. The Subscriber has no right to object to such change.
- 4. «Added Value Services» shall be automatically Renewed under the prepaid method every 30 days unless cancelled before.
Third: Service Quality
- 1. The Company provides the service to the Subscriber continuously. In the event of any interruption, it shall be rectified as soon as possible.
- 2. The Company doesn't guarantee availability of Services in all areas at the same time and quality without interruption resulting from technical reasons or circumstances beyond its reasonable control. The Company may disconnect services temporarily for network maintenance. In all such cases, the Subscriber has no right to claim a refund or compensation.
Fourth: Subscription and Payment
- 1. The Subscriber shall pay Tariff of Service subscribed whether utilized wholly or partially or utilized by him / her whether for himself / herself or any third party.
- 2. The Subscriber may change the Payment Method in accordance with the relevant rules of the Company for such change.
- 3. In the event of failing to recharge the prepaid line on expiry of the current validity period as per the Company rules, the subscriber will lose the line number and the credit balance.
- 4. The Company may request advance payment for some or all Services.
- 5. The Company has the right to deduct any debit from any other contracts of the Subscriber to settle any of the outstanding amounts.
- 6. The Subscriber shall note that the monthly invoice will be issued on 21st of each month with a right to change the date with or without notifying the Subscriber. The Subscriber shall have the right to amend or transfer his Subscription line only after the invoice issuing date.
- 7. In case of objection to the monthly invoice, the Subscriber shall clear the invoice first until the Company solves his objection.
- 8. The Company has the right to revise the Tariffs / fees / charges /monthly validity at any time without notice at its sole discretion.
Fifth: Roaming Service
- 1. Roaming service (calls, SMS) will be automatically added to the Subscribed Number. However, the Company doesn't guarantee roaming service quality since it depends on the telecom companies abroad including GPRS, multimedia and video calls.
- 2. Roaming services abroad shall be subject to the applicable regulations and rules of the foreign country where the Subscriber is roaming.
- 3. The Subscription Number shall be cancelled by the Company within three days of a cancellation request from the Subscriber. In the event of the cancellation of the line within 65 days of roaming, the roaming invoice received from the external operator will be added to the Contract.
- 4. The Subscriber shall pay all due invoices for using roaming services even if the related invoices are delayed or there is any discrepancy in the monthly Tariff of subscription fees.
Sixth: Privacy and Account Details
- 1. The Subscriber declares that information and data submitted to the Company are true and complete. In case of any change, the subscriber shall notify the Company immediately... In case any information is found to be false/fraudulent, the Company shall terminate the Contract and stop all Services and collect the due fees from the Subscriber immediately.
- 2. The Subscriber shall not disclose the PIN or/ and PUK code to the Call Center to avoid unauthorized use.
- 3. The Company may exchange the personal data with other legal entities, organizations and the other companies. The Company has the right to classify the Subscriber as per his payment obligation with the Company or external companies and can collect information to specify the proper classification of the Subscriber.
- 4. The Company may use the personal information of the subscriber for commercial and marketing purposes and display the information for consultants to conduct the commercial studies related to the subscriber.
- 5. The Company may authorize any third party for collecting the due amounts by providing such third parties all personal information and documents. The Company may transfer or sell the debt to a third party for collecting the Company's due amount in accordance with provisions of Kuwait Civil Law.
- 6. The Company shall maintain privacy of the subscriber's confidential information and telecommunication transactions. In the event of any official request from the legal entities, the information may be shared in presence of the subscriber in person or by virtue of official power of attorney after paying the due administrative fees.
Seventh: In the Cases of Services Suspension, Temporary or Final Disconnection, The Company has the right to suspend temporarily or finally disconnect the Service without prior notice in the following cases:
- 1. The Subscriber fails to pay the due amount of the subscription. In case of suspension or temporary disconnection, the subscriber shall pay the subscription dues up to the date of the final service disconnection date as per the Company rules as applicable.
- 2. Required by the official entities or authorities.
- 3. Declares bankruptcy or a receiver is appointed.
- 4. Not paying the financial deposit required by the Company.
- 5. Violates the provisions of terms and conditions herein.
- 6. The Subscriber's death. In such case, the Company reserves its right to claim from the successors.
- 7. Force majeure, emergency or for compliance with the competent authorities' orders.
- 8. In case the SIM card is lost, the subscriber shall inform the Company immediately requesting to stop the Service.
- 9. Outstanding payments of other joint subscription fees not paid by the Subscriber.
- 1. In case of unlimited data packages, the subscriber shall be subject to a fair use policy specified by the Company. Therefore, the Company may increase or decrease daily capacity in accordance with the said policy. In case of exceeding the limited capacity, speed will be significantly slow until the end of the day without adding extra charges or subscription fees. The Subscriber has no right to terminate the Contract or request compensation for reducing speed or applying fair use policy.
- 2. Multimedia and data services are run automatically with all subscriptions. The Subscriber shall cease any service by himself/ herself. The Subscriber understands that some smart phones are connected automatically to mobile data services for updating the applications and programs. In all cases, the Subscriber shall pay the data package and the fixed prices will be applied.
- 3. The Subscriber understands that downloading speed is varied from time to time as per network use.
Ninth: General Conditions and Provisions
- 1. The Subscriber shall obey all company rules for each service.
- 2. The Subscriber has no right to assign or waive this Contract or any part of it to any third party whether permanently or temporarily. Failure to do so, the company has the right to suspend service with keeping its right to take legal action.
- 3. In the event the Subscriber obtains Value Added Services from third parties via the company network; The Company shall not be responsible for any transactions with such third parties.
- 4. The Subscriber shall have the right to utilize his Subscription Number, however, the Company shall have the full right to withdraw the number or resell it as the Company is the owner of the line.
- 5. If the Subscriber desires to transfer ownership of a line to any third party, the line shall be transferred with all existing Packages as per Company rules.
- 6. In case the Subscriber requested to change a current service via the call center or SMS or in the case of his approval on adding a new service, the Subscriber shall not have the right to object or dispute such change or approval.
- 7. This Contract is Unlimited and either Party may terminate this Contract unless the Subscriber has applied for a certain promotion during a limited period. In all cases, the Subscriber shall pay the Company all the due amounts.
- 8. This Contract is governed by Kuwaiti law and telecom regulations and shall be in compliance with Islamic Sharia Principles. Dispute if any, shall be settled by a Kuwaiti court.
- 9. If there is any inconsistency between Arabic text and English text, the Arabic text shall prevail.
Tenth: Provisions and Conditions Annual Commitment Subscribers
- 1. Annual Commitment: The Company provides a range of "Offers" to its Subscribers and each Offer contains specific services (such as devices, calling minutes, SMS and data services) for a specific offer period and monthly fixed amount.
- 2. The details of the Annual commitment and the benefits will be given under the Article that deals with the package on the front page of the Contract.
- 3. After consuming monthly free calls, SMS and data capacity, billing shall be done under normal Tariff which is not mentioned in the Offer.
- 4. As per Company policy, the Subscriber shall make an advance payment of the offer.
- 5. Upon expiry of the Offer Term, the Contract shall be extendable on a same monthly billing basis unless any of the Parties desire not to extend the Offer.
- 6. Temporary disconnection or transferring the Offer to another Subscriber is prohibited during the initial Offer Period.
- 7. The Subscriber shall pay the cancellation fee mentioned in the Contract in the following cases:-
- • If he requests to cancel the Offer before the expiration of the Offer Term.
- • Refusing or defaulting in paying due bills. As a result, The Company will disconnect the line and add a collection fee of KD 15 in addition to the cancellation fees.
- • Occurrence of any Event provided in item "Seventh" of this Contract.
- 8. In case of Offer Cancellation,The Subscriber can retain the subscription number provided, on payment of all amounts including cancellation fees as set out in the Contract.
- 9. The Subscriber shall pay the fees of the Offer, even if not using the Services for any reason. The Subscriber acknowledges that non-payment of the fee shall lead to temporary disconnection of the Subscription Number.
- 1. iPhone: The Subscriber shall maintain and use the device carefully. In case of using unauthorized programs such as Jailbreak etc., warranty will be automatically waived. For any default or damage, warranty shall be valid only for one year.
- 2. Other Devices: Warranty shall be for one year. No device will be replaced in case of misuse.