ETISALCOM’S Terms & Conditions for the SIP Service (Subject to Bahrain telecommunications regulatory authority approval):
These Terms of Service constitute the agreement ("Agreement") between Etisalcom Bahrain WLL. ("we," "us" or "Etisalcom") and the user ("you," "user" or "Customer") of Etisalcom's communications services and any related products or services ("Service"). This Agreement governs both the Service and any devices, such as an IP phone, Etisalcom Soft phone, Multimedia Terminal Adapter, Analog Telephone Adapter or any other IP connection device ("Device" or "Equipment"), used in conjunction with the Service and it applies to all lines on each Etisalcom account. If you purchased Equipment from a retail store or a provider other than Etisalcom ("Retail Provider"), you are a "Retail Customer" for purposes of this Agreement.
| BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY ITS TERMS AND CONDITIONS. | ||
1. SERVICE TERM
1.1 Service Term
Service is offered and paid for on a prescribed recurring basis for a term that begins on the date that Etisalcom activates your Service and ends on the day before the same date in the following period ("Service Term"). Subsequent terms of this Agreement automatically renew for the same Service Term unless you give us written notice of non-renewal at least ten (10) days before the end of the applicable Service Term.
1.2 Residential Use of Service and Device
If you subscribe to Etisalcom's residential services, the Service and the Device are provided to you solely for residential use. You shall not resell or transfer the Service or the Device to another party without our prior written consent.
1.3 Prohibited Uses; Unlawful Uses and Inappropriate Conduct
You shall use the Service and the Device only for lawful purposes. You shall not use the Service or the Device in any way that is improper or inappropriate, including in a manner that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or any similar behavior.
1.4 Copyright; Trademark; Unauthorized Usage of Device
(a) Copyright; Trademark.
The Service and Device and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on our websites are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All of our websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") are and will at all times remain our exclusive property. Nothing in this Agreement grants you the right or license to use any of our marks.
2. CHARGES; PAYMENTS; DISCONNECTION
2.1 Billing
This service is prepaid and you will have to pay Etisalcom in advance to get the service activated. On the other hand, you will have to pay Etisalcom an initial fee to purchase the CPE.
2.2 Disputes
You must notify us in writing within seven (7) days after receiving your statement from your bank or credit card issuer if you dispute any Etisalcom charges on that statement or you will be deemed to have waived any right to contest such charges. All notices of disputed charges should be sent to:
Customer Care Billing Department
Etisalcom
POBox 11100
or etisl@Etisalcom.com
2.3 No Refunds for Prepaid Service Plan Customers
We will not refund any Service Fees or any other amounts paid in connection with any prepaid Service plans including the remaining credit associated with the account after disconnection/ termination for any reason whatsoever.
2.4 Termination notice
Etisalcom will terminate the service if you do not pay your renewal package prior to the expiry date, the service will be terminated and the number will be blocked and might be reused for other customers at once.
3. LIMITATION OF LIABILITY; INDEMNIFICATION; WARRANTIES
3.1 Limitation of Liability
We will not be liable for any delay or failure to provide the Service, including emergency Dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:
- An act or omission of an underlying carrier, service provider, vendor or other third party;
- Equipment, network or facility failure;
- Equipment, network or facility upgrade or modification;
- Force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions;
- Equipment, network or facility shortage;
- Equipment or facility relocation;
- Service, equipment, network or facility failure caused by the loss of power to you;
- Outage of, or blocking of ports by, your ISP or broadband service provider or other impediment to usage of the Service caused by any third party;
- Any act or omission by you or any person using the Service or Device provided to you; or
- Any other cause that is beyond our control, including, without limitation, a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications (including, without limitation, emergency Dialing) to be connected or completed, or forwarded.
Our aggregate liability under this agreement will in no event exceed the Service charges with respect to the affected time period.
3.2 Disclaimer of Liability for Damages
IN NO EVENT WILL ETISALCOM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE EMERGENCY DIALING SERVICE OR TO OBTAIN EMERGENCY HELP.
3.3 Content
You will be liable for any and all liability that may arise out of the content transmitted by you or to any person, whether authorized or unauthorized, using your Service or Device (each such person, a "User"). You shall assure that your and your User's use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. We reserve the right to disconnect or suspend your Services and remove your or your Users' content from the Service, if we determine, in our sole and absolute discretion, that such use or content does not conform to the requirements set forth in this Agreement or interferes with our ability to provide Services to you or others.
4. MISCELLANEOUS
4.1 Governing Law
The law of the Kingdom of Bahrain shall govern this Agreement as well as the relationship between you and us.
4.2 Entire Agreement
This Agreement, including any future modifications as may occur within the terms of the Agreement, and the rates for Services found on our website constitute the entire agreement between you and Etisalcom and govern the use of the Service by you, members of your household, guests and employees.
This Agreement supersedes any prior agreements related to this service between you and Etisalcom and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.
5. FUTURE CHANGES TO THIS AGREEMENT
We may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on www.Etisalcom.com. Such changes will become binding on you on the date they are posted to our website and no further notice by us is required upon your continued use of the Service.