TPC Customer Agreement Form
Please read the following terms and conditions carefully before signing the Customer Agreement Form (CAF) between TPC (hereinafter referred as ‘TPC’) and the ‘Customer’:
Undertaking: I hereby undertake and commit not to transfer/ handover/ sublet my TPC connection (even temporarily) to any person who may attempt to use if for any unlawful activity as described in Terms & Conditions. If I do so, I will be liable and fully responsible for all obligations under the law and TPC will not be responsible. Any unauthorized transfer/use of the connection shall entitle TPC to terminate connection forthwith. I hereby certify that the information given in this form is correct.
1. Agreement: TPC agrees to provide Customer TV Cable / Internet Services.
2. Term: This Agreement takes effect on the day Services will be activated. By signing this agreement, Customer agrees to’ a minimum service period (‘Minimum Term”) of one (1) month for his/her Services. Agreement will stand automatically renewed at the expiry of Minimum Term. If Customer terminates his/her Services during this Term, he/she will be liable to pay the charges equal to 30 days of Service.
3. Rates and charges: As long as Customer subscribes to TPC’s Services, Customer agree to pay in advance applicable service rates for Service plans he/she has selected along with all charges properly billed to his/her account. Such charges include (but are not limited to) a one-time non-recurring set-up fee and recurring monthly Service charges and applicable duties and taxes, if any. TPC reserves the right to increase/decrease these charges/tariffs and monthly packages according to the PEMRA rules and regulation.
4. Late Charges: Payment is due on the 1st day of every month. Any balance amount remain unpaid on the next billing date, shall be considered in default and will be subject to a surcharge of five percent (5%) of the unpaid balance due per month.
5. Refunds: Customer may terminate Services by giving TPC 30 days prior notice to claim refund of already paid charges except for initial one time setup/installation fee and cost of equipment. Refund of monthly charges will be calculated equal to the amount remaining against the time/traffic volume un-utilized by the Customer from the date of filling refund claim with TPC. Minimum processing period for refund request will be 14 days from the date of filing of claim.
6. Default: If Customer does not pay any charges owed to TPC when due or violates any term of this Agreement, then TPC will have the right to discontinue or restrict the use of Service either temporarily or permanently without notice. In either case. TPC shall incur no liability whatsoever.
7. Usage: The Customer shall:
i. Not use the TPC Service for any unlawful purposes
ii. Not attempt to gain unauthorized access to any computer system connected to the Internet or TPC’s network.
iii. Not introduce any computer virus into the Internet or TPC computer systems.
iv. Not persistently send messages without reasonable cause or for causing any threat, harassment, annoyance, inconvenience or anxiety to any person.
v. Not send any message which is offensive on moral, religious, racial or political grounds or of an abusive, indecent, obscene, libelous or menacing nature or may infringe on any statutory regulations and laws of Govt. of Pakistan.
vi. Comply with all provisions of Pakistan Telecommunication (re-organization) Act, 1996 and Pakistan Electronic Media Regulatory Authority Ordinance, 2002 & PEMRA Regulations.
8. Availability of Service: TPC will use its best efforts to provide Customer with quality Services without interruption, as far as technically feasible. However Service is subject to transmission limitations beyond TPC’s control. Services may be temporarily unavailable or limited because of the unavailability of backbone or any other service provided by any third party services not in control of TPC. Service to any or all Customers may be temporarily interrupted or curtailed because of equipment modifications, upgrades, relocations, repairs and similar activities necessary for the proper operation of Service. However, in event of a scheduled interruption, reasonable notice will be given to the customer.
9. Customer Support: TPC will provide telephonic customer support through its Customer Support Centre on 24×7 bases. Onsite customer support in case of physical line problem will be provided within 48 hours (excluding weekends and public holidays). As a telecom operator, TPC’s responsibility is to extend connectivity to Customer Premises Equipment (CPE) installed by TPC. Connectivity beyond CPE is responsibility of the Customer. In case of a fault identified at Customer’s end beyond CPE~ additional charges for Value Added Services as per prevailing rates will be charged from the Customer.
10. Governing Law: This Agreement shall be deemed made and entered into in the courts of the respective territory where the Service is being provided by TPC and shall be construed and enforced in accordance with and governed by the laws of the Islamic Republic of Pakistan.
11. Payment of Costs: In an event Customer defaults in the performance of any terms or conditions of this Agreement or in payment of any sums of money due under this Agreement, then Customer shall pay all reasonable costs, charges, attorneys’ fees and expenses incurred by TPC, in enforcing the terms and conditions of this Agreement and in pursuing its claims.
12. Claims: Claims against TPC shall be limited to recovery of no more than the sum(s) paid to TPC for Services. TPC shall not to be liable for any damages caused by delay in delivery, installation or furnishing of Services, CPE and/or periodic and/or recurring interruption in Services being provided under this Agreement.
13. Operating Environment: Customer shall assume full responsibility for overall effectiveness ~and efficiency of the operating environment in which TPC’s Services and/or the CPE are to function. No action arising out of any claimed breach of the Agreement or transactions under the Agreement or regarding the Services may be brought by the Customer more than 30 days after the cause of the action has accrued.
14. Services Charges: If customer has a reception problem due to his internal wiring, TV fault or any other fault which is not related to our networking will be charged as per our cost estimation.
15. Assignment: TPC may assign Agreement in entirety or assign the right to receive payments to a third party without Customer’s consent. Customer may not assign this Agreement without TPC’s prior written consent, which may be withheld at TPC’s sale discretion.
16. Data record: Customer is advised to keep this Agreement form and the monthly payment receipt safe. The company technicians/ recovery officer may ask for that any time, or at the time of solving a problem.
17. Illegal connection: If customer intends his connection to another neighbor or house without informing the company it will be considered an illegal act and company may take a legal action against that. Moreover, If the customer has paid for only one connection but establish his own switched more than 1 TV on that connection, without informing the company it will be consider an illegal act and the company will take no responsibility in that case.
18. Internal Wiring Fees: TPC’s Field Services Technicians (FST) will perform limited inside wiring for connectivity to the CPE. If the Customer authorizes or request TPC’s FST to place the CPE in a location that requires inside wiring, then TPC will provide these Services at additional applicable rates. The inside wiring does not include connecting the CPE to the computer or hub/switch, any Ethernet Cabling to the CPE, or coaxial cabling for TV sets. Such wiring, if required by the customer, will be carried out by TPC at additional charge.
19. Virus Related Traffic: Customer is responsible for proper maintenance of his/her computer system(s) like installation of Anti-Virus Software etc. while utilizing TPC’s Service. All un-intentional traffic generated due to virus infection of Customer’s computer will be charged to the Customer’s account, as it consumes MBL’s bandwidth.
i. Should any provision of this contract becomes void for any party, the validity of the remaining provisions shall not be affected thereby unless the commercial intent of this contract is thereby affected/frustrated.
ii. Telecommunication connection may be monitored at any time by relevant and legitimate agencies of the Government of Pakistan in national interest.
iii. TPC at its exclusive discretion reserves the right to refuse, change or remove Customer ID’s/ Password/PINs which it deems inappropriately or offensively.
iv. Should the Customer be in breach of any terms of this agreement, TPC may terminate Service(s) immediately without any notice.
v. TPC makes no warranty and hereby disclaims all liabilities whatsoever in respect of and/or arising out of the facilities provided by TPC or software not owned, or distributed by TPC.
vi. TPC disclaims all liability whatsoever, for any loss of data howsoever caused including without limitations non-delivery, mis-delivery or misuse, for any interruption, suspension or termination of telecom Services or for the contents, accuracy or quality of information or resources made available or received or transmitted through telecom Services