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AWASR

CUSTOMER TERMS AND CONDITIONS

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

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.

The customer 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.

1. Interpretation

The following definitions apply in these terms and conditions:

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

"Agreement" means the agreement between us and the customer relating to the supply of our Services to the customer, which includes these terms and conditions and any other terms stipulated by us;

"Bill Cycle" means the period of approximately one month for which the customer will be invoiced, 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 end of that month). The number of days in Customer’s Bill Cycle is variable in accordance with the number of days in a calendar month. The customer will be informed of the Bill Cycle when the customer signs up for the Services;

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

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

"Coverage" means the geographical area where Awasr can provide the Service;

"Customer Care" means the Awasr Customer Care Centre;

"Equipment" means the customer premises equipment provided by Awasr that connects the customer to our Network for the provision of the Services;

"Due Date" means the date 30 calendar days after the Invoice Date;

"Invoice Date" means the date on which the relevant invoice is generated;

"Outside Awasr Network" means any network element, locally or internationally that Awasr does not have any control over;

"Service(s)" means Awasr’s telecommunication services including broadband services, voice services, value added and other services that are made available by Awasr or our agents under the Agreement;

"Suspend" means barring access to Services;

"User" means any individual who uses the Services;

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

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

"The customer" 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) The customer is legally bound by the terms of this Agreement from the time when the customer places an order and Awasr confirms that it can deliver the order.

b) For any Service, Awasr requires the customer to stay with the company for a minimum subscription period specified in our agreement with the customer

c) The subscription period shall automatically renew for subsequent periods of the same length as the initial period unless the customer terminates the service or opt out the auto renewal.

d) The customer can upgrade his or her Service at any time. There will be no additional upgrade charges, but we will require the customer to pay the charge for the plan to which the customer upgraded from the date of the request (on a pro rata basis for the month in which Customer’s upgrade was made). The upgrade will be introduced on the date of customer’s request.

e) The customer can also downgrade the Services at any time. However, Awasr may apply a downgrade fee before completing six months is subject to paying a downgrade fee specified in our agreement with the customer, and a repayment of the discount applied under any promotional plan that the customer subscribed to. The downgrade will take effect from the start of the next calendar month.

3. Termination

a) The Customer can terminate the Service at any time, subject to payment of the applicable termination charges as follows:

  • If the customer terminates the Service before Connection, the customer will pay a termination charge specified in our agreement with him/her.
  • If the customer relocates premises, the services will be terminated and the customer will have to place a new order. Fees for minimum subscription period applies
  • If the customer terminates the Service after activation but within the minimum commitment period specified in our agreement with the customer then - we will require the customer to pay 90 OMR, or any other amount agreed with the customer for early termination fee, plus the discount applied under any promotional plan that the customer subscribed to previously. On termination, the customer must return all equipment we have provided to the customer ("Equipment") and pay for all Equipment that is damaged (with exception of wear and tear) or that unable to return to Awasr.

b) The customer can terminate his/her Service by signing a termination request form in any Awasr outlet or store. The termination is effective from date of request.

c) After the minimum subscription period, this Agreement automatically continues indefinitely until the customer terminates the Service.

4. Coverage and Services

a) Awasr likes to keep things simple. We are a specialized fixed telecommunications service provider and as such we strive to offer superior services in the Sultanate that is in line with quality of service requirement set by the TRA. Awasr offer services where we have network available.

b) To continue offering the customer the best services, we need the customer to:

  • not use the Services or allow anyone else to use them:
  • in a way which breaks any laws or infringes anyone's legal rights;
  • for abusive, illegal, or fraudulent purposes.
  • to obtain unauthorised access to anyone's computer or communications equipment;
  • to interfere with anyone else's use of our Services.

c) Awasr reserve the right to remove any content which we consider, in our reasonable opinion, to breach the terms of this Agreement, or to breach any law, or to be contrary to good morality.

d) Awasr reserves the right to change, modify, suspend, remove or substitute any current Service with a new Service after communicating the prospective change, modification, suspension, removal or substitution to the customer.

e) The customer agrees to indemnify us against all claims and liabilities and to meet any losses we may incur as a result of his or her use of the Services. The customer is responsible for the use or misuse of the Services we provide.

f) The customer must not resell, in any way whatsoever, the whole or any part of the Services we provide, and he or she must not provide a connection to, or enable the use of Customer’s Services by, anyone in any other premises than the premises in which we installed the Services. If the customer does any of these things, then Awasr may take legal action against the customer.

g) The customer agrees that if he or she uses the Services in any way that may negatively impact our Network or the provision of any of our Services, Awasr may restrict or suspend their use of the Services.

h) Awasr is not responsible for any drop in desired or expected speed or latency for connections to servers Outside Awasr Network.

5. Fair Usage Policy

a) The Services are offered for reasonable use only. Excessive use of the Services beyond which, at our discretion, we consider is normal and reasonable usage, may result in us restricting or suspending the Services, which may impact the desired or expected speed.

6. Equipment

a) Unless provided otherwise in this Agreement, all Equipment supplied by Awasr as part of a Service shall remain the property of Awasr.

b) The customer is responsible for keeping all Equipment in good condition, and for its security, and protection from unauthorized access.

c) The customer is responsible for loss or damage to the last mile equipment, with the exception of normal wear and tear. Damage caused to the Equipment supplied to the customer by Awasr which requires that equipment to be repaired or replaced will incur a charge of 50 OMR or any amount specified in our agreement with customer.

d) Awasr reserves the right to inspect or test any Equipment provided by us remotely or at customer’s premises at such time as agreed between us.

e) The customer will ensure that Users and other parties do not, remove or obscure any logo or writing on Equipment provided by Awasr

f) The customer will ensure that Users or other parties 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.

g) The customer will not sell any Equipment, place a charge on it or otherwise transfer or dispose of it.

h) Replacement Equipment supplied to the customer is subject to the stock available, and may not be the same as the Equipment it replaces.

i) Where Equipment becomes faulty for reasons other than through customer acts, omissions or misuse within the minimum subscription period, we will repair or replace the Equipment.

j) Awasr does not manufacture Equipment and except for Clause 6(a) (above) excludes, to the fullest extent permissible at law, all warranties, terms or conditions in relation to Equipment, whether implied by law or otherwise.

k)Customer agree not to use any hardware provided by Awasr to connect to internet services provided by any other internet service provider. If customer do, we reserve the right to terminate Customer’s Service.

7. Charges and Payments

a) The customer agrees to pay us the relevant Charges for the provision of the Services, whether the customer’s or someone else use the Services.

b) The customer will be invoiced once a month at the end of each Bill Cycle. Invoices may be delivered by e-mail, post or SMS.

c) If, once the Customer Access Point (CAP) has been installed, the customer postpones the activation of the broadband connection for any reason, the customer will be liable to pay 10 OMR monthly from the date of installation of the customer access point, until the date when the activation request is received.

d) The customer must pay the account balance in full each month by the due date which is within 30 days of the Invoice Date. If, under any circumstances, the customer fails to receive his or her bill it is their responsibility to inform Awasr so that the bill can be resent. Payment can be made by visiting an Awasr store, online or via other Awasr channels. If the customer has provided us with the credit/debit card details, we may deduct the due amount from Customer’s card. We will ensure to make all reasonable efforts to inform the customer before we do.

e) In case of failure to pay any amount after the Due Date, we shall suspend the Services, until the customer pays the outstanding amount. Customer will continue receiving monthly invoices for his/her monthly plan subscription.

8. Deposits and credit

a) In some circumstances we may require the customer to pay a deposit to us before we connect the Service.

b) Customer can overpay the invoice and such overpayment will appear as a credit.

9. Limitation of Liability

a) To the greatest extent permitted by law, Awasr exclude all liability (whether in contract, tort, equity or otherwise) to the customer or anyone claiming on the customer’s behalf, relating to any loss of profits or revenue, loss of data, lost business or missed opportunities, wasted expenditure or savings customer might have had, and any form of direct, indirect, consequential or other loss whatsoever, arising from:

  • customer’s connection to our network or the content or supply of any Services;
  • non-delivery 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;
  • failure to provide all or any Services as envisaged;
  • the inaccurate or incomplete transmission of any data;
  • any other matter which relates to this Agreement.

b) In respect of all other liability (including in respect of negligence and breach of contract), to the greatest extent permitted by law, our liability is limited to OMR 5,000.

c) Except as set out above, Awasr have no other liability to the customer or any other person in respect of this Agreement.

10. Access to Premises

a) The customer will allow us or our Agents access to customer’s property to perform our obligations under this Agreement. Awasr will endeavour to give the customer reasonable prior notice if access to customer’s premises is required and we will ensure that our Agents carry sufficient proof of identity. If the customer does not allow us to access the premises the ability to use the Services may be adversely affected.

11. Relocation of Premises

a) If, after the customer have placed an order, the customer relocate to different premises, the customer will have to place a new order if the customer wish to receive any Service at the new premises, but the existing Service (and any request relating to the existing premises) will not be transferred to the new premises, and the customer will remain subject to any minimum subscription period applicable to the existing Services. The customer may terminate a Service (or order placed) at customer’s existing premises if the customer relocates, but this will be subject to any applicable termination charges applying under Clause 3,6 and 7 mention above.

b) Whether or not Awasr can supply a Service at the new premises will depend on availability, and Awasr will not be able to supply a Service if we do not have coverage in the area where customer’s new premises are located.

12. Non-Awasr Hardware/Software and third-party services

a) If the customer has acquired hardware/software from some other source, and it does not support all of the Services offered by Awasr, we are not under any obligation to take any action so that the customer can access any of our Services

b) Awasr do not make any warranty as to the accuracy, completeness or currency of any content or material which customer 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. Regulatory Resources: numbering, domain names, IP addresses and SIMs

a) If the Services we offer the customer includes the use of a telephone number, domain name, or any other numbering and IP resources, customer must acknowledge that these resources are the property of the regulatory body, the Telecommunications Regulatory Authority, and that customer are not the owner of these resources. Customer may be requested to return any of these resources Allocated to him or her, if needed by the Regulator.

14. Content services and software

a) Awasr is not responsible for any content that is not its own. We also do not Similarly, we do not endorse any content, views, messages or information accessed by way of customer’s service. We leave it to customer’s discretion to determine what content the customer access and save where required by law, we do not restrict or otherwise monitor or control the content that customer access. That said, we strongly recommend that the customer monitor access to content by children or minors.

b) Awasr at its discretion and without notice to the customer deny access to, remove or modify any content that may be defamatory, offensive, indecent, objectionable, illegal or that may infringe any third party's intellectual property rights.

15. Privacy

a) Awasr's use of customer’s 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. That Privacy Policy forms an integral part of this Agreement.

16. Disconnection of Services

a) We can suspend, re-direct or restrict the use of any or all of the Services or disconnect the connection if:

  • The customer does not abide by the terms and conditions in the Agreement;
  • The customer behaves in an abusive, offensive, or malicious way, or use any of our Services in an offensive way;
  • Awasr suspects customer of using the Services for any illegal or fraudulent activity;
  • customer’s use of a Service or the activity when using a Service has, or in our opinion may have, a negative impact on the Awasr Network such as abuse of network or attempts of hack or security breach.

b) If Awasr suspend the use of our Services, we will endeavour to communicate this to the customer before doing so.

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

17. Transferring Responsibilities

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

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

a) We may change this Agreement and any Services at any time and the customer will be legally bound by these changes. Changes will be posted on our Website. Please check this regularly for updates. Awasr will communicate such changes as directed by the TRA.

19. Force Majeure

a) Neither the customer, nor we, will be liable for any delay or failure of the Services or failure to perform any obligations 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.

20. Subcontracting

a) We shall be entitled to allow third parties to perform any of our obligations under this Agreement.

21. Updating Customer’s Information

a) It is important that we have accurate information regarding our customers. We rely on the information the customer have provided to us as part of the application form for a range of purposes and therefore it needs to be current. If the information the customer have provided to us changes, we request that the customer let us know as soon as possible. If Awasr become aware that information the customer have provided us is no longer accurate we may suspend or terminate the Service. We will endeavour to notify customer before we do this but it may not always be possible.

22. Disputes and Complaints

a) Any complaint or dispute between customer and us will be governed by the Awasr Dispute Resolution Policy which can be found on our Website

Awasr Privacy Policy

As a valued customer or visitor to our website, or someone else who has contacted us and given us personal information (each referred to as "you" below), we are committed to respecting your privacy and to complying with applicable laws.

Our Privacy Policy is designed to explain how we collect, use and protect your information. You should read this notice in conjunction with the Website terms and conditions and any specific terms and conditions that relate to any service we provide to you. You can visit our website without disclosing any personally identifiable information about yourself (although please note that we may use cookies and collect other non-personally identifiable information about your browsing activity). If you do submit personal information, we will only use it to support our continuing relationship with you.

1. Collection of Personal Information

1.1. We commit to collect and use your personal information only with your knowledge and consent. Usually, this will be when you use our services, make enquiries, register or request information or other services, submit a job application or when you respond to communications from us.

1.2. Subject to clauses 4 and 5 we will not disclose your personal information for any purpose unless required or permitted by Law or regulation.

1.3. We may collect information such as your name and postal address, date of birth, gender, telephone and fax numbers, email address, and credit / debit card information as well as lifestyle and other information collected on registration or through surveys.

1.4. If you choose to provide us with personal information it will be used in support of the intended purposes stated at the time at which it was collected, and subject to any preferences indicated by you.

2. Recording of Calls

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

3. Other Information

3.1 We may also collect other non-personal information about your visit to our Website, based on your browsing activities. This information may include the pages you browse and services viewed for example. This helps us to better manage and develop our sites and to provide you with a more enjoyable, customized service and experience in the future.

4. How will we use the information you provide?

4.1. We may use your information for a number of purposes such as:

- making a credit assessment,

- processing your orders and managing and administering your account, including billing you,

- delivering any services or information you have requested,

- responding to your enquiries, or verifying your identity when required,

- giving directory information.

4.2. We may also undertake selected marketing about our products or services or carefully selected third parties based on your use of our services. This may include contacting you with information about new developments, offers, services and special promotions by post, telephone and automated means such as text messages (SMS), email, fax, WAP and the world wide web. You may opt out of these services at any time through a mechanism that we will be providing

4.3. By providing data to us, you consent to us using your data in accordance with our Privacy Policy.

4.4. You can contact us to update your information or to otherwise tell us how you would like to receive or limit information about Awasr and / or third party offers and services.

4.5 Upon receiving an authorized and verified request in writing, we will allow customers and others whose information it holds to correct or update any of their personal information that may be inaccurate, incomplete or out of date.

5. When will we disclose your information to others?

5.1. We will not sell or pass your personal information to unrelated entities unless you have given us permission to do this or unless it is required by a law or relevant regulation.

5.2. We may disclose your personal information, information about your account, mobile phone, or other equipment

- to assist in the prevention or discovery of a crime in response to a request from law enforcement and legally authorised entities;

- If necessary for the protection of the person from whom data is collected;

- to emergency services in the performance of their duties

- if the information is required or authorized by any court decision;

- if necessary for the estimation or collection of any taxes or fees;

- in other situations when we are required to do so to meet our legal or regulatory obligations.

6. Cookies

6.1. We may use cookies to record details such as a user identity and general registration details on your PC. This helps us recognize you on subsequent visits so that you don't have to re-enter your registration details each time you visit us and it also allows us to provide you with a more enjoyable, customized service.

7. Information Security

7.1. You should be aware that communications over the Internet, such as emails and web mails, are not secure unless they have been encrypted. Your communications may route through a number of countries before being delivered because this is the nature of the World Wide Web / Internet. We do not accept responsibility for any unauthorized access or loss of personal information that is beyond our control. However we will use reasonable and industry standard efforts to prevent such unauthorized access.

8 .Privacy Support

8.1. We may amend or modify our Privacy Policy at any time and in response to changes in applicable legislation.

8.2. We value our customers and users of our website, therefore, if you have any questions about our Privacy Policy, you can contact us 24 hours a day, 365 days a year by phone 80001000, or e-mail care@awasr.com.

Awasr Policy on Resolution of Disputes and Complaints

1. If you have a complaint in relation to any of the Services supplied by Awasr, or you wish to raise any dispute with Awasr, you must first seek to resolve your complaint or dispute by:

- contacting us on 8000 1000, or

- sending us an e-mail to care@awasr.com,

- visiting one of our Awasr stores or kiosks during opening hours.

2. If the complaint or dispute is not resolved to your satisfaction, or you have not received a response within 15 working days by Awasr representative, you must inform Awasr in writing by submission of a written complaint (a "Written Complaint") to one of our stores or during opening hours, or by email or by hand to:

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

e-mail: care@awasr.com

3. You must obtain our acknowledgement of receipt for your Written Complaint.

4. Your Written Complaint must explain (a) what Service you are purchasing from Awasr (b) what your complaint is in relation to that Service (c) your account number or other identification that you are an Awasr customer (d) what you are claiming that we should do (e) the efforts you have made to resolve your dispute before submitting your written complaint (f) proof of your identity such as a copy of your ID or resident's card. You must attach copies of all relevant documents to your complaint.

5. We may contact you to resolve the Written Complaint, and if we do, you may negotiate with us in good faith.

6. We will indicate our final decision (the "Final Decision") as to the resolution or proposed resolution of your Written Complaint within 15 days from the receipt of the Written Complaint.

7. If you are not satisfied with our Final Decision, and (if offered the opportunity to discuss the matter) you have negotiated with us in good faith, you may complain to the Telecoms Regulatory Authority of the Sultanate of Oman (the "TRA") within thirty days from the date of notification of our response.

8. If we have not responded to your Written Complaint with a Final Decision within 15 days of acknowledging receipt of your complaint, you are entitled, to escalate the to complaint to TRA.

9. You may only submit a complaint to the TRA, as per TRA’s Complaint Handling Procedure