Terms & Conditions

These Terms and Conditions set out the way in which Awasr Oman and Partners SAOC ("Awasr") will provide our Broadband Services (the "Services") to you.

Our core values as a company are Simple, Caring, Agile and Smart. We try to make sure these values are a part of everything we do. These terms and conditions are important. Please read them carefully.

Because we are caring we make ourselves available to you 365 days a year by phone by simply calling 8000 1000.

You may also contact us by:

 

• sending us an e-mail to care@awasr.com,
• visiting one of our Awasr stores or kiosks during opening hours, or
• sending us a letter addressed to:

Awasr Oman
Knowledge Oasis Muscat,
Facility Building, 4th Floor,
P.O. Box 53, PC 135, Muscat,
Sultanate of Oman.

Please do contact us if you experience any problems with your service or if you think we can help in any way.

The following are our terms and conditions of service.

TERMS AND CONDITIONS FOR AWASR BROADBAND CUSTOMERS

If you are an Awasr customer, the terms and conditions set out below will govern your use of our Services, and the contractual relationship between us.

1. Interpretation

"Agents" means any contractors, providers, dealers or agents appointed by Awasr to perform any of Awasr's obligations under this Agreement;

"Agreement" means these terms and conditions between us and you;

"Bar" means suspending access to Services;

"Bill Cycle" means the period of time between billings which will begin on a set date each month and will last until the day before that date the following month (e.g. the 1st of one month to the 1st of the next month). The number of days in your Bill Cycle is variable in accordance with the number of days in a month. You will be informed of your Bill Cycle when you sign up for the Services.

"Bill Issue Date" – the date your bill is generated.

"Charges" means all monthly access charges, and any additional charges payable by you;

"Connection" means an Awasr service that has been configured to attach to the Network so that you can use the Services supplied under the Agreement;

"Equipment" means the Customer Premise Equipment provided by Awasr that connects you to our Network for the provision of the Services, this includes, but not limited to, your Wi-Fi router;

"Customer Care" means the Awasr Customer Care team.

"Minimum Subscription" is the period defined in Clause 2(b).

"Network" means our Awasr fixed line network.

"Service(s)" means the voice and broadband service and related products and services that are made available to you by us or our agents under this agreement. "User" means any individual who uses the Services;

"Website" means our website at www.awasr.om;

"we" or "us" means Awasr and "our" has a corresponding meaning;

"you" means the customer under this Agreement who is liable for all of the Charges under this Agreement and "your" has a corresponding meaning.

2. Commencement of Agreement and Term

a) This Agreement begins when we set up your connection to our Services to be available for your use.

b) The minimum contractual period shall be twelve (12) months ("Minimum Subscription").

c) You may terminate the annual agreement under the following conditions:
• By giving us a minimum of 3 months' notice of the termination;
• By paying your normal monthly subscription for the 3 month notice period even if termination occurs sooner than 3 months or if that was decided by the TRA.
• By returning all equipment such as WiFi routers, which were delivered as part of your service, or, paying for equipment that is damaged or that you are unable to return to us.
• Some of our Services may be offered with a discount when you sign up for a fixed period (for example, the first month may be free). If you accept such a discount, and terminate before the Minimum Subscription period then you will be liable to repay any discounts applied at inception of the Service.

d) The Services continue until terminated in accordance with this Agreement.

3. Coverage and Services

a) Awasr likes to keep things Simple. We are a specialized fibre-optic broadband internet service provider and as such we strive to offer a superior broadband service in the Sultanate. However, we can only offer our service where we have fibre-optic network available.

b) Coverage and quality of the service that we provide will be in compliance with the related regulatory requirements of the Oman Telecommunications Regulatory Authority.

c) You agree that you will not use the Services:
• in a way which breaks any laws or infringes anyone's legal rights;
• to obtain unauthorised access to anyone's computer or communications equipment;
• to annoy anyone or to interfere with anyone else's use of our Services.

d) We reserve the right to remove any material from our servers which we consider, in our reasonable opinion, to breach the terms of this Agreement or any law.

e) The Services may be changed, modified, advanced, suspended or removed by us or introducing substitute or new services. We will notify you 30 calendar days before doing this.

f) You agree to follow our instructions about the use of the Services and ensure that all Users meet your responsibilities when using the Service. You agree to keep us protected against any legal action taken against us and to meet any losses we may incur as a result of such use of the Services. You are responsible for any Users use or misuse of the Services.

g) You agree not to use the Services for any abusive, illegal or fraudulent purpose.

h) Using or agreeing to use the Services does not convey any ownership of the Services. You must not resell, in any way whatsoever, the whole or any part of the Services.

i) You agree that if you use Services in any way that may negatively impact our Network or the provision of the Services, we may restrict or suspend your use of the Services.

j) You acknowledge that our control of voice and data speeds is limited to our own network. We may use traffic prioritisation policies at any time to improve the overall performance among our customers. It may not be possible for you to achieve your desired or expected speed or latency for Connections to servers outside the Awasr network.

k) The integrity or quality of the data or information you send or receive via the Services may be affected or compromised due to the configuration of our network, the use of the internet, or the configuration or limitations of your, or your intended recipient's, hardware or other device.

4. Fair Usage Policy

a) The Services are offered for reasonable use only. Excessive use of the Services beyond that which, in our reasonable discretion, is normal and reasonable usage and which, as a result has the potential to negatively impact the quality of service available to other subscribers may result in us temporarily throttling the Services which may impact the desired or expected speed.

5. Equipment

a) Unless provided otherwise in this Agreement, all Equipment supplied by Awasr as part of a service shall remain the property of Awasr. Equipment that is included in our service, such as a WiFi router also remain the property of Awasr until you have paid your Minimum Subscription.

b) You are responsible for keeping all Equipment in good condition, and for the security, protection from unauthorized access, any loss or damage to the Equipment, with the exception of normal wear and tear.

c) We will be entitled to inspect or test any Equipment remotely or otherwise at such times as may be agreed between us.

d) You will not remove or obscure any logo or writing on Equipment and will replace all batteries and other consumable parts of the Equipment.

e) You will not, and will ensure that Users do not tamper with or attempt to repair or service the Equipment or allow any party other than Awasr to do so. Any attempt to do this may invalidate the manufacturer's warranty.

f) You will not sell any Equipment, place a charge on it or otherwise dispose of it.

g) Awasr's supply of Equipment shall be subject to availability.

h) We will provide you with a limited warranty for Equipment. Where Equipment becomes faulty for reasons other than through your acts, omissions or misuse within the Minimum Subscription period, we will repair or replace the Equipment.

i) Awasr does not manufacture Equipment and except for Clause 5(h) (above) excludes, to the fullest extent permissible at law, all warranties, terms or conditions in relation to Equipment, whether implied by law or otherwise.

j) You agree not to use any hardware provided by Awasr to connect to internet services provided by any other internet service provider. If you do, we reserve the right to terminate this Agreement.

6. Billing

a) We will assign a monthly Bill Cycle for your account.

b) We will issue a bill to you at the end of the Bill Cycle of your account. Email bills will be sent within 4 days of when your next Bill Cycle begins. The date       your bill is generated is called your "Bill Issue Date".

c) Bills are available only as email, Awasr does not mail paper bills. Your bill can be in either Arabic or English. You are required to select one language preference. You will be able to change your desired language preference by contacting Customer Care or visiting an Awasr retail store. Awasr will provide bills to persons with disabilities in special format as required by the relevant TRA regulations.

d) You may request a paper bill at one of our retail outlets. Bills may also be accessed online as a definitive version in PDF, or as text files for subscribers with special needs. If you ask us to print a detailed paper bill for you, then you will be charged OMR 1 per bill.

e) The bill will include a summary of the billed charges of your account.

f) You must pay the billed charges on your account within 30 days from Bill Issue Date, otherwise, the charges will become overdue.

g) Any dispute in the billed amount must be reported to us within 60 days of the Bill Issue Date.

h) We reserve the right to Suspend or disconnect the services where undisputed payment is overdue. The Suspension or disconnection will take effect on all connections on your account. You will be provided with two weeks' notice prior to disconnection of your service. The Suspension will be removed upon settling the outstanding amounts.

i) Where payment is not received in full after 180 days from the Bill Issue Date, we will terminate this agreement and disconnect all connections on your account.

7. Charges

a) You agree to pay us the relevant charges for the provision of the Services, whether you or someone else use the Services.

b) All your account charges will be billed once a month at the end of each Bill Cycle.

c) Most charges will appear on the bill immediately following the time period in which charges were incurred. In certain circumstances due to operational matters beyond our control, the application of charges to your bill may be delayed. You are nevertheless required to pay all billed charges (except any that are subject to a dispute with us) when they fall due, as stated on your bill.

d) You may request a credit limit by either paying a deposit or providing your credit card details for security purposes. The amount of any deposit will depend on your requested credit limit amount.

e) If you reach or exceed your credit limit, your account will be suspended. The Suspension will be removed upon settling all of the outstanding amounts.

f) In case of an incorrect payment, Please contact our customer services at the following number 80001000, or through our e-mail care@awasr.com and provide details of the transaction and they will be able to help you.

8. Deposits and credit

a) In some circumstances we may require you to pay a deposit to us before we connect your service. If you are unhappy with our credit assessment, please contact us and request to have our assessment of your credit reviewed.

b) You may make a deposit against your account at any time. Overpayments will appear as a credit on your account.

c) If you wish to retrieve an account credit, you may request repayment by cheque or by bank deposit, or we can apply it as a payment credit against any and all outstanding and future charges on your account. Repayments will be made within 60 days from the date of request for release of the account credit.

9. Limitation of Liability

a) Except where we cause direct damage to your physical property due to our negligence, to the extent allowed by law we exclude any liability of any kind (whether in contract, tort, equity or otherwise) to you or anyone claiming through you, relating to any loss of profits or revenue, loss of data, lost business or missed opportunities, wasted expenditure or savings you might have had, or any form of indirect or consequential loss whatsoever, arising from:
• your connection to our network or the content or supply of any Services;
• the failure, interruption or delay in the supply of, any services or any part of them or any negligence in this regard;
• the fitness of all or any of the Services for any particular purpose;
• the inaccurate or incomplete transmission of any data;
• any other matter which relates to this Agreement.

b) Except as set out above, we have no other liability to you or any other person in respect of this Agreement.

10. Access to Premises

a) You will allow us or our Agents access to your property to perform our obligations under this Agreement. We will always try to give you reasonable prior notice if we require access to your premises and we will ensure that we or our Agents carry sufficient proof of identity. If you do not allow us to access your premises your ability to use the Services may be adversely affected.

11. Relocation of Premises

a) If you plan to relocate to different premises after the installation of any Services, the Services may be relocated so long as the new address is in an area in which we provide the relevant Services. You must provide at least 45 days' notice before the expected moving date and provide full details of the new premises for evaluation.

b) There may be Charges for relocating Services. Any Charges will be disclosed to you prior to relocating the relevant Service.

12. Non Awasr Hardware and third-party services

a) If you have acquired hardware from some other source, for example from overseas or second-hand, and it does not support all of the services offered by us, we are not under any obligation to take any action so that you can access any our Services.

b) We do not make any warranty as to the accuracy, completeness or currency of any content or material which you may access using our Services. Where Services are provided by a third party we accept no responsibility or liability for their quality or the nature of their content.

13. Privacy

a) Awasr's use of your personal information is governed by this Agreement and by the Awasr Privacy Policy which can be accessed on our Website, in accordance with the relevant TRA regulations.

b) We may provide your personal information to law enforcement agencies in order for them to investigate an offence.

c) Subject to any rights you may have under any applicable laws or regulations, we will not be liable to you, or to anyone else, for:
• the content or lack of confidentiality of any services you use;
• any disclosure we make by law to a enforcement agencies.

14. Disconnection of Services

a) You may discontinue your connection to our network or give up the Service at any time by sending us written notice of the termination.

b) We can Bar, re-direct or restrict your use of any or all of the Services or disconnect your connection if: • you do not abide by the terms and conditions in this Agreement;
• you behave in an abusive, offensive, or malicious or way, or use any of our Services in an offensive way;
• we suspect you of using the services for any illegal or fraudulent activity; or
• If we suspend your use of our Services, we will try to contact you before doing so.

c) Where we Bar, re-direct or restrict the Services all Charges will continue to apply.

15. Transferring Responsibilities

a) Your interests in this Agreement are personal to you and you may not transfer or on-sell the Agreement or any benefit or obligation under it to another person without our consent.

b) Awasr's right to end this Agreement Not withstanding any other clause in this Agreement, we may disconnect your connection or terminate particular Services:
• By giving you twenty one (21) days written notice; or
• if any of our licenses to operate our network is ended or suspended.

16. Notices and Variations of Charges, Terms and Pricing Plans

a) We may change this Agreement and any Services at any time. Changes will be posted on our Website. Please check this regularly for updates. We will notify you in writing 15 before days implementing such changes. All changes shall be subject to TRA approval.

17. Force Majeure

a) Neither you, nor we will be liable for any delay or failure of the Services or responsibilities under this Agreement, or for any loss or damage from such delay or failure to the extent that it was caused, in whole or part, by an act of God, war, terrorism, civil disobedience, industrial stoppage or unrest, fire, volcanic eruption, earthquake, shortage of suitable labour, materials, equipment or energy or any other event beyond our control.

18. Agents of Awasr

a) We shall be entitled to subcontract or delegate the performance of any of our rights or obligations under this Agreement but any such subcontracting or delegation will not relieve us from liability for performance of any such obligation.

19. Privacy

a) We may record calls made by you to our multi-media contact center for purposes such as training, or any other purpose in accordance with the law.

20. Confidentiality of Customer Information

a) Awasr or its approved agents may collect personal information from customers for the purpose of providing service, sending bills, giving directory information and credit assessment. Customer personal data shall not be used by Awasr for any other use without first obtaining permission from the customer.

b) Upon receiving an authorized request in writing, Awasr shall allow the customer to correct or update any of their personal information that may be inaccurate, incomplete or out of date.

c) Awasr shall disclose customer information to law enforcement agencies to assist in prevention of crime and to emergency services in the performance of their duties, when demanded by these agencies. It is really important that we have accurate information regarding our customers. We rely on the information you have provided to us as part of your application form for a range of purposes and therefore it needs to be current. If the information you have provided us changes, we request that you let us know as soon as possible. If we become aware that information you have provided us is no longer accurate we may suspend or terminate your service. We will usually try to contact you before we do this but it may not always be possible.

21. Disputes

a) If there is any dispute between us, this will be governed by our dispute resolution policy. After 15 days or if you are not satisfied with our reply, you have the right to approach TRA to resolve the dispute in accordance with the Dispute Resolution Regulation No. 44/2010.

22. Governing Law and Regulation

a) This Agreement and our services are governed by the laws of the Sultanate of Oman and the Oman Telecommunication Regulatory Act issued by Royal Decree No.30/2002 and all regulations, decision and instructions issued by the TRA from time to time. This is in addition to the Consumers Protection Act issued by Royal Decree No 81/2002.