| Conditions of Telecommunications
Service a). These conditions have been issued
in accordance with Section 21 of the
Federal Act No. 1 for 1991 in respect
of the Emirates Telecommunications Corporation.
b). These conditions shall govern the
sale and hire of all Equipment and Services
provided by Emirates Telecommunications
Corporation hereinafter referred to as
'ETISALAT'. The party contracting therewith
shall, hereinafter be referred to as
'the subscriber'.
c). These conditions shall be deemed
an inseparable part of any agreement
or contract signed between 'Etisalat'
and the 'Subscriber'.
Access and Wayleaves
It is a condition of the provision of
telecommunications service that the
customer will allow access at all reasonable
times to Etisalat employees In the
execution of their duty for the purpose
of maintaining, inspecting or recovering
Etisalat plant and equipment and will
grant permission to Etisalat to run
wires and erect poles on the customer's
property through a suitable right of
way.
Accounts for Calls
a). Etisalat shall render monthly accounts
for telephone and telex calls and other
services. Such account shall include
past arrears, charges etc.
b).
Etisalat shall not b obliged to provide the individual details of any telephone
call dialed by a subscriber, nor to subdivide the total metered calls to
show the cost of those which are internal calls and those which are international
calls.
c). Accounts for all telecommunications services including telex calls, phonograms,
telegrams and other supplementary services must be paid to Etisalat within
fourteen days of the date of account or by the second day of the month following
the date on which the account was rendered, whichever is the later.
d). The account rendered shall be final and conclusive evidence for the amounts
due by the customer.
e). If a customer fails to pay his account within the period specified in c
above, Etisalat may summarily suspend service to the customer, without prejudice
to Etisalat's right to recover any amount which may be due at the time of suspension
or which may accrue during the time of suspension.
Advance Payment
Etisalat reserves the right to collect
an advance payment to cover the costs
of connection and rental, calls or
otherwise before service is provided.
Attachments
Etisalat has the sole right to provide
telecommunications services : unauthorized
attachments to or interference with
the telecommunications equipment provided
or authorized to be provided by Etisalat
is not permitted.
Deposits
Etisalat reserves the right to collect
deposits from applicants and to carry
Out such checks on credit references,
as they deem necessary. Deposits
may also be requested before service
is provided on telephones, telexes,
teletexes, or other telecommunications
services disconnected for late payment
of accounts.
Changed Numbers
Etisalat reserves the right
to change telephone, telex, teletexes
and other telecommunications numbers.
Directories
Directories are the property
of Etisalat and the copyright is vested
in the Emirates Telecommunications Corporation.
The contents may not be reproduced without
prior written permission from Etisalat.
Etisalat cannot accept any liability
for errors, omissions, misplacements
or other irregularities in the listing
of directory contents. No auxiliary binder
or folders may be used without permission
and no advertising labels or stickers
may be affixed to a Directory.
Disconnection or Removal of
Telecommunications Equipment
Etisalat reserves the right
to discontinue all services to the customer
whether rendered under one or more contracts
and remove all plant and equipment if
the customer shall:
a). delay payment of Etisalat charges
in respect of any or all service contracts
with Etisalat. Failure to receive bill
does not constitute valid reason for
non-payment;
b). play, tamper with or open any Etisalat
Equipment or any internal circuit or
other component of such Equipment;
c). without first obtaining Etisalat's
written authority, interferes with Etisalat
plant or equipment or causes or permits
any attachments to be made to, or anything
to be placed in relation to Etisalat
equipment that transmits a message or
other communications to or from such
equipment;
d). resell or trade in telecommunications
equipment or service without licence
or approval of Etisalat; e. use profane
language or fraudulently or maliciously
uses the telecommunications system in
a manner prohibited by law;
f). unreasonably monopolises local line
facilities;
g). in the opinion of Etisalat, has committed
any breach of these 'Conditions of Telecommunications
Service'.
Fault Reporting
Responsibility for the reporting
of the faulty operation of the equipment
rests with the customer. Except for non-Etisalat
equipment, the customer shall not attempt
to repair or modify the equipment, nor
permit a third party to do so.
Liability
a). Limitations of Etisalat's
Liability Etisalat shall not be liable
to the customer in damages or otherwise
for any delay in providing or restoring
telecommunications service, or for the
loss or damage occasioned by the total
or partial interruption or disconnection
of service. No abatement shall be made
from the Rental by reason from whatever
cause unless the service was totally
unserviceable for a continuous period
of not less than one calendar month.
However, Etisalat shall, under no circumstances,
be liable for any loss of profit or income
or for any other indirect or inconsequential
loss or damage.
b). Customer's Liability for Equipment
Customers are liable for the cost of
any calls made from or other use of the
Equipment whether with or without their
knowledge or permission and are liable
for the loss or damage to the Equipment
hired by them. The customers shall pay
to Etisalat on demand, the amount of
damage, beyond fair wear and tear, to
the equipment. It is therefore advisable
for customers to include Equipment rented
Ii their Insurance Policy. To this end,
customers will be advised, on request,
of the insurance values of the Equipment
they rent from Etisalat. Notwithstanding
the above and without prejudice to any
further claim by Etisalat if any Equipment
shall suffer any fault or damage as a
result of any act or omission committed
in contravention of item 9 b hereinabove
the customer shall pay to Etisalat double
the cost of repairs of such equipment
and shall undertake in writing not to
mishandle or abuse the Equipment any
further. Etisalat shall not be bound
to repair the Equipment until these two
requisites are fully satisfied by the
customer.
c). Customer's Liability for damage caused
by attachments The subscriber of this
service shall be liable for any loss
or damage to the Etisalat network resulting
from the use of any equipment/ products,
which are non type approved by Etisalat
without prejudice to the right of Etisalat
to initiate legal action against such
subcriber. This statement shall not be
interpreted to indicate Etisalat acceptance
of the use of non type approved products/
equipment.
Over Loaded Telephone Lines
It is a condition of service
that customers shall rent additional
exchange lines when their service is
overloaded.
Period of Hire
Unless otherwise determined
by Etisalat, the minimum period of hire
for Telecommunications Services commencing
from the date of provision shall be as
follows:
a). Telephone, Mobile and Paging Services
3 months*
b). Telex Service 12 months*
Notwithstanding the reasons for premature disconnection or termination of the
service, the subscriber shall always remain liable for such rental and/or other
Etisalat charges as if he has utilized the full minimum period of hire.
Period of Notice for Removal or Disconnection
Customers are requested to give at least thirty days notice of their requirements
in the above connection in writing.
Rental and Connection Charges
Rental Charges are payable in advance by quarterly instalment. Standard rental
charges are listed in Etisalat's 'Schedule of Charges'. Other items and services
can be obtained on request. Rental charges, unless otherwise stated, include
the cost of maintenance and repair occasioned by normal wear and tear. Customers
are required to pay to Etisalat a connection charge as indicated in Etisalat's
'Schedule of Charges' or as otherwise advised by Etisalat.
Responsibility for Death or Injury
Etisalat shall not be responsible for any death and/or injury to any person howsoever
arising from the operation of the equipment and the customer shall indemnify
Etisalat against all claims made by or on behalf of any person howsoever arising
from any such death and/or injury or loss and/or damage to property.
Transfer of Service from One Customer to Another
Service is provided by Etisalat for the sole use of the customer. The customer
may not transfer service or use of such service whether temporarily or permanently
to a third party without the prior approval of Etisalat in writing.
Variation of Charges
Etisalat reserves the right to revise any charges, whether standard or specially
assessed, having given a minimum of twenty eight days notice of such revision.
Cancellation of Service Order
If the customer cancels his service order after work has been started on The
provision of the service, the customer shall reimburse Etisalat for the costs
of such work. Etisalat may alternatively deduct these costs from any Advance
payment or deposit which the customer may have paid towards the provision of
the service or from any other entitlement due to the customer from the Corporation.
Amendments
Etisalat reserves the right to change, amend or reproduce these Conditions from
time to time as it may think fit. Any such change, Amendment or reproduction
shall immediately be binding on the Customer from the date on which it is issued
by Etisalat.
* Longer minimum periods of hire apply to some PABXs, certain other
items of ancillary equipment and specially assessed |