Aircel Postpaid Terms and Conditions

The Terms and Conditions mentioned herein shall form part of the agreement ("Agreement") with the Customer /Subscriber of Aircel Limited /Aircel Cellular Limited /Dishnet Wireless Limited (hereinafter referred to as "AL") signed by the Subscriber and shall be binding on the Subscriber. This document is an application by the Subscriber, which becomes a Contract when Services are made available by AL and operates concurrently with AL's license to provide Cellular Mobile Telephone Service.
1. DEFINITIONS
(a)"Customer" means any individual, company, proprietorship or partnership firm or such other party who desire to avail the Services.
(b)"AL" means a company organised under the Companies Act, 1956, and having its registered office at 5th Floor, Spencer Plaza, 769, Anna Salai, CHENNAI – 600002. (The name of the company may be changed without notice).
(c)"Services" means the post-paid telecommunication services and other value added/supplementary services provided by AL and specifically opted by the Subscriber or by implication due to usage.
(d)"Subscriber" means any individual, company, proprietorship or partnership firm or other such party duly authorised by AL in writing to use the Services on realization of Tariff.
(e)"Network" means AL's cellular telecom network as operational from time to time in the telecom circle of CHENNAI.
(f)"Equipment" means any GSM compatible cellular telephone instrument necessary for connecting to the Network in order to avail the Services.
(g)"SIM" means the Subscriber Identification Module provided by AL which is required by the Subscriber to activate the Services and get connected to the Network.
(h)"Tariff" shall mean all rates including monthly rental, airtime rates, deposits, advances, activation fees, SIM charges, taxes, levies and duty as applicable from time to time which shall be in accordance with AL's Tariff policy and subject to change without notice at the discretion of AL.
(i)"Service Area" shall mean the Telecom Circle of CHENNAI where Services are provided by AL.

2. SCOPE
(a)The Services are provided by AL by virtue of a license provided by the Department of Telecommunication, Government of India. It is specifically agreed that in the event of any change in the law concerning the Service or any government policy in relation to the Services, any and all such changes and alterations shall be deemed to be applicable to the Services and these terms and conditions shall be deemed to have been amended in accordance with the revised alterations or policies based on the Government Policy.

(b)AL reserves the right to reject any application of any person desired to become the Subscriber of AL in case of incomplete and, or, incorrect information and documentation or failure to qualify the terms and conditions laid down by AL and any Government and regulatory body.

(c)Services will be activated only after proper verification of documents submitted by the Customer/person desired to become the Subscriber and physical verification of address in Assam, Jammu and Kashmir, North-Eastern States and any such area notified by the Government. In the event of incomplete and, or, incorrect information AL has the right to cancel the Services in whole or in part without prior notice.

(d)AL reserves the right to seek/verify financial and other information from the Subscriber's bankers, associates, neighbours or any other third party at the discretion of AL and reserves the right to reject the Application for providing the Services even after activation of Services for any reason without any liability of any nature. The information provided by the Customer/Subscriber gathered by AL shall become the property of AL. AL may be required to disclose any information pertaining to the Customer/Subscriber to any statutory or regulatory authority, security agency, financial institution or bank and reserves the right to disclose at its discretion without any prior intimation to the Customer/Subscribers.

(e)The value—added/plus service can be availed on payment of applicable Tariff. AL reserves the right to change, alter, vary, add or withdraw any such value—added service at its sole discretion.

3. OBLIGATIONS OF THE SUBSCRIBER
The Subscriber shall throughout the duration of the Services:
(a)Acknowledge that the SIM provided to the Subscriber at the time of activation is the sole and absolute property of AL even after termination of the Services and return the SIM to AL.

(b)Promptly pay all amounts due to AL before the due date as per the bill raised.

(c)Service shall not be used to make foul, profane expressions, impersonate another person with fraudulent or malicious intent, to call another person so frequently or at such times of the day or any other manner so as to annoy, abuse, threaten or harass any third party, what so ever in nature.

(d)Service shall not be used for any purpose in violation of the law or against public policy or national integrity and security.

(e)Service shall not be used in such a manner as to interfere unreasonably with the use of the Service by one or more other Subscribers or interfere with AL's reasonable ability to provide the Services to others.

(f)The Subscriber shall not make any modification or alteration or any reverse engineering or re-assembling to the Equipment.

(g)The Subscriber shall not link/network the Services and the equipment with any other telecommunication network including but not limited to Internet Service network among others. The subscriber is aware that such an act is a criminal offence punishable under the rule and law of the Country

(h)The Subscriber agrees that AL shall not be liable or responsible for any alleged fault of any nature in the Equipment.

(i)The Subscriber shall intimate in writing details of change of name, address, title or constitution whenever such change takes place. If such change is not intimated/ not acceptable to AL, AL shall have the right to proceed against the existing Subscriber to recover its due and, or, disconnect the Services. This does not include any assignment of Services to any third party.

(j)Any request for transfer of Services available to a particular Subscriber in favour of any other person would have to be made in writing and AL may in its sole discretion either allow the transfer or refuse to effect such transfer without assigning any reasons whatsoever. The decision of AL in this regard is final and binding on the Subscriber. Charges for this shall be as prescribed by AL from time to time.

(k)The Subscriber hereby expressly agrees that AL has the right to change the Terms of providing the Service whether or not such change is necessitated by reason of Government directions contained in a letter, memorandum, circular agreement, Supplementary license or the like.

(l)It is understood that any Subscriber information provided to AL will be made available to any statutory and regulatory authority if so required without prior intimation to the Subscriber.

(m)The Subscriber shall be allotted a mobile phone number by AL which is and shall always remain the property of AL. The Subscriber cannot transfer or otherwise assign the SIM, Services/Mobile phone number to any other person / entity unless agreed by AL in writing. AL shall be at liberty to reject the request made by the Subscriber without assigning any reason. AL reserves the right to reassign/change the Mobile phone number after giving reasonable notice to the Subscriber.

(n)The Subscriber expressly agrees to give identification details if required by AL to unlock his/her/its SIM or Equipment at the sole option of AL.

(o)In the event of the Subscriber roaming outside the Network, he/she shall ensure that the equipment that he/she is using is compatible to the frequency of the visiting network, which normally is either/or 900 Mhz, 1800 Mhz, 1900 Mhz. Under no circumstances, AL shall be held responsible for any reason whatsoever, if the Subscriber could not avail the roaming service on account of non-compatibility of the handset being used.

4. BILLING AND PAYMENT
(a)The bill for the Services shall be dispatched to the Subscriber once every month to the billing address. AL is not responsible for non-receipt or late receipt of the bill. The Subscriber expressly agrees that any information intimated to the Subscriber by AL through a value—added service shall be construed as received and actionable by the Subscriber.

(b)The Subscriber shall notify any change in their address to AL immediately in writing.

(c)Payments received after the due date will incur late payment charges as specified in AL's Tariff.

(d)The call pulse rate and other applicable charges or fee shall be governed by the Rules and Regulation specified by Regulatory Authority particularly TRAI (Telecom Regulatory Authority of India) from time to time/or as specified by AL.

(e)Notwithstanding as to what is stated in this Agreement, AL reserves the right to withdraw/deactivate/ terminate the Services if the payment of Tariff is not made by the due date.

(f)Itemized monthly bills are available on request and are chargeable in nature at such rate as may be decided by AL from time to time (as applicable). Subscriber agrees that any statement or details as to itemized calls furnished by AL shall be conclusive proof of the correctness of the amounts and details mentioned therein.

(g)Where a security deposit has been paid, AL is entitled to retain it and adjust it as it decides in full or partial satisfaction of any sums due from the Subscriber to AL any time. At the end of the subscription period or termination of the Services, provided all sums payable to AL have been duly paid, the balance (if any) of the deposit or fee will be repaid to the Subscriber on fulfillment of such conditions as may be intimated by AL. No interest will be paid on the deposit.

(h)Without prejudice to what is stated above, if the Subscriber desires to question any statement or details or any part thereof, the Subscriber shall inform AL full details of the same in writing within seven (7) days of the receipt of said statement by the Subscriber and they shall not be entitled to do so thereafter on any ground whatsoever.

(i)AL may at the risk and cost of the Subscriber engage one or more person(s) to collect the Subscriber's outstanding dues and the Subscriber expressly grants permission to such person(s) for ingress into his property for performing such actions.

(j)AL has a right to predetermine and prefix internally the credit limit to usage of Services availed by the Subscriber. In the event of the Subscriber having exceeded his/her predetermined limit, he/she will be responsible to forthwith pay for all the Services availed. AL further reserves the right to totally or partially disconnect the Subscriber's connection, with or without notifying him/her in the case of his/her exceeding the prescribed credit limit. In the event the Subscriber has exceeded his/her predetermined limit he/she will be responsible to pay for all the calls made and services obtained even beyond the stated limit. However, AL reserves the right not to bar the Services in its sole discretion. And any such allowances made by AL shall not create any right in favour of the Subscriber to such increased amount of credit limits in future.

(k)In the event of delayed payment of bills beyond the due date or non-deposit of any applicable fee, charge or deposit of any applicable fee, charge or deposit etc. or any increase thereof, AL reserves the right to totally or partially disconnect the Subscriber with or without notifying in case of non-payment of bill by the due date or in case the cheque deposited with AL by the Subscriber towards payment of the bill is dishonoured. Although no notice is mandatory, an SMS message sent or call warning notified to the Subscriber on the mobile number or any other verbal or written communication shall be construed as due notice in this regard. In case such disconnection is effected, the Subscriber shall have to apply for reactivation of his connection for subscription to the Service, after having absolved himself of the due payment. AL reserves the right to charge for such reactivation at such rates as may be determined from time to time. Without prejudice to the generality of the above it shall be the sole discretion of AL to allow or refuse such reactivation.

(l)While roaming outside the Service Area, Tariff may differ from operator to operator. Applicable operator specific tariff

(s)will be charged from the Subscriber.

(m)While roaming outside the Service Area, the Subscriber can avail all the Value—Added Services that the Subscriber has subscribed to with AL, provided the respective operator network supports the same. Applicable operator specified tariffs will be charged for such services.

(n)The pulse duration of all calls is 60 seconds unless specified otherwise.

(o)Service tax as applicable or as modify from time to time will be charged in addition to the tariff on the total charges.

5. LIMITATION OF LIABILITY
(a)AL's liability to its Subscribers is limited to that stated in this Agreement.

(b)AL is not liable for any act or omission not attributable to AL's personnel, computer system, software, program, process, or electronic system or Equipment and is liable only to the extent of involved access and usage charges for any defect, error or omission in the Service rendered.

(c)AL is not liable for calls lost or not established due to radio frequency limitations including but not limited to Subscriber leaving the Service Area or entering areas not adequately covered by the Network.

(d)AL shall not be responsible for any third party liabilities/ injuries caused by any defect in the Equipment.

(e)In no event whether for breach of warranty, breach of contract, negligence or otherwise shall AL be liable for special, incidental or consequential damages, including but not limited to loss of profits or revenues, cost of capital, cost of substitute products, facilities or services, downtime costs, any change or modification of any such computer system, software, program, process, or electronic system in relation to any such data change or claims of Subscribers for such damages.

(f)If a Subscriber reports the loss or theft of the SIM, the Subscriber liability towards payment of Tariff for calls made under these circumstances shall extend till the Subscriber reports the loss or theft of the SIM along with the copy of First Information Report (F.I.R) from police to AL and thereafter AL shall within reasonable time deactivate the same. Until such deactivation the Subscriber shall be liable to pay the Tariff towards the usage.

(g)AL is not responsible for network or any other issues in the event the network or equipment is shared or taken on rent from another service provider while in HPLMN (home network) and VPLMN (roaming).

6. TERMINATION
(a)AL is entitled to, without any liability whatsoever to refuse, limit, suspend, vary or disconnect the Service, in whole or in part, at any time, in its sole discretion, with respect to one/all Subscribers for any reason which is found reasonable by AL, including, but not limited to the following:
Governments, TRAI's rules, regulations, orders, directions, notifications, etc. including changes thereto prohibiting and/or suspending the rendering of such Services.
Transmission limitations caused by topographical, geographical, atmospheric, hydrological and, or, mechanical conditions.
During technical failure, modification, upgradation, or variation, re-location, repair and, or, maintenance of the network/equipments.
To combat potential fraud, sabotage, willful destruction etc.
If Service is used in any manner, which violates any law etc. or adversely affects or intervenes in any manner, the rendering of Services by AL.
Any discrepancy/incorrect particulars provided by the Subscribers in the Agreement.
Breach of any term or conditions of this Agreement by the Subscriber.
Due to problems arising on account of interconnection between AL and other telecom service providers.
Any other reason, which is found to be reasonable by AL warranting suspension/disconnection.
Force Majeure circumstances (i.e. Acts of God).
AL reserves the right to reject any application of any person desired to become the Subscriber of AL in case of incomplete and, or, incorrect information and documentation or failure to qualify the terms and conditions laid down by AL and any Government and regulatory body.

(b)The Subscriber may terminate the Services by giving AL one month's notice to this effect in writing. The Subscriber is however responsible for payment of outstanding Tariff for the period during which Service was rendered. Although no notice is mandatory, an SMS message sent or call warning notified to the Subscriber on the mobile number or any other verbal or written communication shall be construed as due notice in this regard.

(c)Upon termination of the Services the Subscriber shall return the SIM to AL and until the SIM is returned to AL the Subscriber shall be liable to pay the Tariff and other charges specified by AL.

7. FORCE MAJEURE

AL shall not be, directly or indirectly, responsible for break or disruption of Services on account of force majeure circumstances, such as riots, strike and lockouts either in the works and office of AL or general strike in the city or in the country, civil disobedience, act of war, acts of terrorism, flood, tempest, fire, earthquake or any other act of God or policy of the Government, systems failure, network failure, any external network or any cause of whatsoever nature beyond the control of AL, making it impossible to render the Services to the Subscriber. However, the Subscriber shall continue to pay all Tariffs as per the terms of this Agreement notwithstanding the force majeure conditions. It is understood by the Subscriber that provision of Services by AL is subject to certain external factors and agencies who are actively involved in providing the Services to the Subscriber and AL shall not be liable for the same.

8. MISCELLANEOUS
(a)The Subscriber expressly waives notice from AL for the following:
(i) to suspend the Services;
(ii) to disconnect the Subscriber from the Services and Network
(iii) to change Tariff.

(b)AL reserves the right to modify/alter/amend or change all or any of the terms and conditions of this Agreement without notice, or by a written notice addressed by AL to the last address given by the Subscriber, at its sole discretion.

(c)Any dispute shall be subject to the exclusive jurisdiction of the courts in CHENNAI in the Service Area.

(d)The Subscriber shall indemnify and keep indemnified AL against all loss, damages, claims, actions that are initiated against AL for any act or omission by the Subscriber in utilizing the Services of AL under this Agreement.

(g)AL is not responsible for network or any other issues in the event the network or equipment is shared or taken on rent from another service provider while in HPLMN (home network) and VPLMN (roaming).

(e)Public Ltd companies shall enclose Certificate of Incorporation along with any proof of identity as above of the authorized officer of the company.

(f)In case of GoI Undertakings, GoI Officer/State Govt Offices the aforesaid requirements are dispensed with and self-certification on the letter head will suffice alongwith the name and designation of the co-ordinating officer to be consulted in case of need.

(g)In case of Foreign Missions in India and other foreign agencies, the name and designation of the authorized officer along with details of officials etc for whom the Cellular Mobile Phone is intended