FOLLOWING TERMS AND CONDITIONS GOVERN THE USE OF INTERNATIONAL SIM CARDS
FROM UNICONNECT SIM PVT LTD.
It is agreed between UNICONNECT and the Customer as follows :
- "Services" shall mean international mobile phone SIM card made available by UNICONNECT.
- "Charges" means all fees, rental/handling charges, call charges and any other incidental costs chargeable by UNICONNECT
from time to time for providing the services to the Customer.
- "Customer" shall mean any person, company, partnership firm, association of persons or such other organization
authorized by UNICONNECT to use the services. This Agreement binds the Customer his/her/its heirs, executors, administrators, successors and assigns and benefits UNICONNECT and its successors and assigns.
- "Equipment" shall include any compatible cellular telephone and accessories necessary for connecting to the Network in order to use the Services.
- "I. R. Facility" shall mean International Mobile Phone Roaming Facility outside India.
- "SIM Card" shall mean Subscriber Identification Module Card used for mobile phones.
- "Validity Period" means duration of six months from first use of the SIM card and/or recharge of airtime.
- "Prepaid Airtime" means a sum expressed in Indian Rupees bought through recharge coupons from Company, Authorized
Distributor, Company's website to be appropriated against usage of airtime/ data, SMS (telecom services of any kind)
- "Tariff Rates" means rates as expressed in foreign currency corresponding to the SIM card for different kinds of voice/ data service.
The sum total of such usage expressed in foreign currencies like US $ , Euro will be converted into INR at prevailing exchange
rate for the purpose of accounting adjustment against prepaid value. The application of exchange rate during the validity period
of the paid up value will be at the sole discretion of UNICONNECT. No dispute will be entertained for applied exchange rate
since international roaming service involves a complex structure of variable exchange rates.
- "Commencement Time" means the date on which the first prepaid airtime is loaded.
2Agreement & Documents :
- A Customer must fulfill the following Conditions before availing SIM card facility :
- The Agreement has to be correctly, completely filled and duly signed in the presence of the authorised representative of UNICONNECT. The details filled in must match with the submitted documents given.
- Documents to be submitted:
- Self attested photocopy of proof of photo identity verified against the original document. Proof of Identity must be a Passport. In case the Customer is not able to provide the Passport photocopy immediately then Driver's licence/ Income Tax Pan Card for interim time to be followed by passport photocopy subsequently.
- In cases other than an individual, documentation will be (a) Income Tax Pan card (b) Utility Bill (c) Declaration / Certification on printed stationery of the organization confirming requirement of SIM card/s for use by authorized personnel only of the organization beside undertaking to pay for all Invoice /s within stipulated period.
3Provision Of Services :
- UNICONNECT agrees to provide to the Customer the Services subject to the terms and conditions of this Agreement.
- UNICONNECT shall use reasonable efforts to make the Services available to the Customer at all times.
- The availability and quality of the Services may be affected by factors outside UNICONNECT 's control such as physical obstructions,
geographic weather conditions and other causes of radio interference or faults in other telecommunication networks as well as
force majeure events.
- The Services may be suspended in whole or in part at any time without notice if the Network fails or requires modification or
maintenance. UNICONNECT will make all reasonable efforts to minimize the frequency and duration of such events. The Customer
will remain liable for all Charges during the period of suspension unless UNICONNECT in its discretion decides otherwise.
- The allotment of the Mobile phone number will be made by UNICONNECT in its absolute discretion.
- UNICONNECT has the sole right and discretion to vary the Charges being levied by it.
- Any waiver, concession or extra time allowed or granted by UNICONNECT to the Customer is limited to the specific, circumstance in
which it was given and the same shall not affect UNICONNECT's rights under this Agreement in anyway.
- UNICONNECT may be required to disclose any information or particulars pertaining to the Customer to any authority (viz. Statutory,
Regulatory, Governmental, Semi-Governmental or Judicial) or otherwise and reserves the right to comply at its discretion.
- UNICONNECT reserves the right to revise the pricing of Call Charges at any point of time without prior notice.
- UNICONNECT reserves the right to revise the pricing, rating, pulse pattern, fee, rentals / Handling charges, security amount, surcharge,
tariff plan as well as Terms and Conditions for access to the services at any point of time without any notice including without limitation
on account of changes in applicable laws, legislations, rules, regulations, and guidelines, change in license conditions and/or change
in charges levied by a I.R facility provider and the same shall be binding on the Customer.
- UNICONNECT shall be at liberty to provide the services under any brand name.
- The information provided by Customer/gathered by UNICONNECT shall become UNICONNECT 's property even if application is rejected/
refused or connection is disconnected as the case may be and can be used by UNICONNECT in any manner, if deemed fit.
4Obligation Of The Customer :
The Customer hereby expressly agrees as follows:
- To not to use or cause or allow others to use the Services for any improper, immoral or unlawful purpose including in any manner which may jeopardise or impair the operation of the Services.
- To comply with any instructions issued by the Government, the Authority or UNICONNECT concerning the Customer's access to and usage of the Services.
- To inform UNICONNECT immediately and confirm the same in writing if the SIM card is lost, stolen or damaged. The Customer will remain liable for all Charges incurred until the SIM card is de-activated by UNICONNECT.
- UNICONNECT may suspend the Services in whole or in part at any time without prior notice and without assigning any reason thereto.
- To comply with all applicable laws, rules and regulations regarding the use of the Services.
- To be bound at all times by any modifications and / or variations made to these terms and conditions by UNICONNECT.
- The Customer covenants with UNICONNECT to submit all the documents as set out in Clause 2 above.
- The Customer covenants with UNICONNECT that it shall be solely responsible for misrepresentation and submission of wrongful documents to UNICONNECT and agrees to indemnify and keep indemnified UNICONNECT to that extent.
- In addition to the above, the Corporate/Partnership Firm/ Other Customers accepts and agrees that the SIM Card will be for the exclusive use of the Customer and the multiple users whose details and documents are submitted to UNICONNECT.
- The validity construction and performance of this Agreement shall be governed by and interpreted in accordance with the laws of the Republic of India.
- Should any provision of this Agreement be or become ineffective or be held to be invalid, this shall not affect the validity of the remaining provisions, any invalid provision in this Agreement shall be replaced, interpreted or supplemented as the case may be in such a manner that the intended economic purpose of the Agreement will be achieved.
- This Agreement is the complete and exclusive statement of the Agreement between the parties and it supersedes all understanding or prior Agreements, whether oral or written and all representations or other communications between the parties.
- All present / future levies, charges, taxes, duties etc. as per various Indian statutes, and / or those levied by the Department of Telecommunication and / or those payable in the country of the concerned Mobile Service Provider shall be payable by the customer.
6Disclaimer Of Other Warranties :
- UNICONNECT makes no representation or warranty other than those set forth in this Agreement, UNICONNECT expressly disclaims all other warranty expressed or implied, including, but not limited to any implied warranty or merchantability or fitness for a particular purpose.
7Disclaimer Of Liability :
- UNICONNECT becomes liable for loss or damage; such liability shall be limited to the cost of the Services actually paid / payable by the Customer to UNICONNECT during the relevant period on pro rata basis.
- UNICONNECT shall not be liable to the Customer for any loss, costs, or damage whatsoever or howsoever caused, arising because of non-functioning of the SIM card.
- Notwithstanding the generality of (a) above, UNICONNECT expressly excludes liability for consequential loss, damage or for loss of profit, business revenue, goodwill or anticipated savings.
- Notwithstanding anything contained herein below, the Customer is not entitled to any damages/ loss, if any and waives his/her right to make any such claim.
- UNICONNECT shall not be liable for any delayed activation.
- UNICONNECT is not responsible for the acts of Franchisees / Business Associates / Distributors / Channel Partners / Dealers / Retailers / Agents with regards to schemes which are not authorised by UNICONNECT and / or which are purported to have been offered on
behalf of UNICONNECT without the written sanction of UNICONNECT.
8Termination And Consequences :
- Either party shall have the right to terminate the Agreement by giving prior notice in writing.
- Notwithstanding anything contained herewith, UNICONNECT shall be entitled to terminate
This Agreement and the Services if -
- The Government or the Authority either suspends, terminates, nationalises or takes over the licence or the Services temporarily or otherwise; or
- At any time the Customer provides fraudulent information to UNICONNECT; or
- The Customer is in breach of any other terms of the Agreement and the Customer does not remedy the breach within seven (7) days of the day of receipt of a written notice from UNICONNECT specifying the breach.
- This Agreement may also be terminated at the option of either party on the happening of the following events:
If either party is declared insolvent, bankrupt or is liquidated or dissolved; or
- If a trustee or receiver is appointed to take over the assets of either party; or
- If the Government or the Authority requires any of this Agreement to be revised in such a way as to cause significant adverse consequences to either party.
- Termination of this Agreement under the preceding provisions shall be without prejudice to and in addition to any right or remedy available to the terminating party under any applicable law or statute.
- Any question, dispute or differences arising out of in connection with this Agreement or breach, termination or validity hereof shall first endeavour to be settled through friendly discussion or negotiations between the Parties.
- If the dispute cannot be amicably settled either Party, as soon as practicable, but not earlier than three months after a request to settle the dispute amicable has been made to the other Party, give to the other party notice in writing of the existence of such question, dispute or difference, specifying their nature and the point of issue and the same shall be finally settled by arbitration in India.
- All disputes and differences which may arise between the parties hereto as to the meaning, construction or effect of any of the terms or provisions of this Agreement or as to the rights or claims of either party under this Agreement shall be referred to sole arbitration of the Chairman and/or Managing Director of UNICONNECT SIM Private Limited or his/her nominee including of any officer of UNICONNECT SIM Private Limited nominated by him and Customer shall not raise an objection to such arbitration on the ground that the Arbitrator is an officer of UNICONNECT SIM Private Limited and as such is an interested party or that the Arbitrator so appointed has earlier dealt with the subject matter, of this Agreement.
- This Agreement shall be exclusively governed by Indian law. The arbitrator(s) shall pass the Award within 6 (six) months of entering upon reference. The costs, charges, fees and expenses if any shall be borne equally by the Parties to the arbitration, and save as aforesaid, the Parties shall bear its own legal and others costs. The venue of such arbitration shall be in Mumbai only. The arbitration proceedings shall follow the procedure as prescribed in the Arbitration and Conciliation Act, 1996. The Courts in Mumbai shall have the exclusive jurisdiction in relation to the interim measures as provided under the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted in English language. The arbitral award so passed by the Arbitrator shall be final and binding on the Parties.