Agni Systems Ltd.
Terms & condition for IP Phone service
Concern of Agni Systems Limited.
A: General/Common Terms and Conditions:
1. AgniTalk Dialer, shall provide the IP Telephone service in accordance with the following terms and conditions set forth by the Bangladesh Telecommunications Regulatory Commission (BTRC) and by other proper government organizations.
2. Upon customer’s acceptance of the terms and conditions set in this document and full payment of applicable fees and charges, ownership of whichever IP device that will be used together with the; service shall be immediately transferred to the Subscriber.
3. Disclaimer of Warranties. All IP devices are covered with a warranty of one (1) year from date of installation except on circumstances such as theft, damage due to mishandling or misuse and any other fortuitous events like forces of nature and its other similar forms. In those cases, AgniTalk Dialer will not be liable for any replacement or refund for the cost of the said IP device.
4. Termination: AgniTalk Dialer will have the right to discontinue the IP telephony service should any of the terms and conditions set in this prevailing Agreement such as non-payment of accounts, bypass of networks, re-selling of services, using the service for purposes outside of the service agreement and other similar activities.
5. The Subscriber can however, bring and use the IP device whenever and wherever Internet connection is available but should solely be used for its appropriate purposes.
6. The Subscriber must have the minimum requirement of at least 256kbps of Internet connection for the service to run. The Subscriber’s Internet subscription is governed by its respective terms and conditions, which do not form part of this Service Agreement.
B: Activation and Payments:
7. Activation of any IP telephony services can be implemented from | hour up to a maximum of 48 hours – depending on where the subscription is made, accomplishment of AgniTalk Dialer Service Agreement, payment of initial charges (if applicable) and upon submission of complete requirements.
8. The Subscriber shall pay AgniTalk Dialer the appropriate monthly service fee / rate and other charges (if applicable) for the use of the IP Telephone Service in accordance to the Subscriber’s selected packages.
9. Deposits. We may require advance deposit in which you grant us a security to secure payment of all amounts when due. We will notify you if we increase the amount of your deposit, which we can do in our discretion at any time. You must properly pay your bills even if you have given us a deposit. If Service is cancelled for any reason, any deposit will be applied to pay charges and fees due at or after cancellation.
10. The Subscriber is liable to pay all tolls and charges originating from his/her subscribed line regardless if he/she is the Subscriber placing the calls. As such, all chargeable minutes shall be deducted from any consumable minutes within the package (if applicable) or shall be charged on top of the subscriber’s monthly recurring rate (MRR) in their monthly account statement.)
11. Any Free minutes within the consumable limit of the chosen package shall not be carried over to the next billing cycle of the Subscriber.
12. The Subscriber can however, reconnect their IP telephony service by merely paying for any outstanding bills, delinquency charge (if applicable) and other fees (if applicable).in AgniTalk Dialer Business Centers and other Accredited Payment Facilities. Service shall be re-activated in 10 minutes or up to a maximum of 48 hours depending on where payment was made. Should activation go beyond the 48-hour limit, the Subscriber must call AgniTalk Dialer Customer Care Hotline to report payment and restore service.
13. Monthly charges shall continuously be billed without any deductions even in cases of interruption, as the IP telephony service is dependent on whichever broadband connection you have subscribed to. AgniTalk Dialer however, will at its best effort try to detect where the service interruption is coming from and bring to the attention of the concerned parties for faster service restoration.
14. The Subscriber agrees to maintain its subscription until the expiration of its term based on the chosen package and will automatically be renewed unless Subscriber informs AgniTalk Dialer its intent to discontinue the service for whatever reason. On the other hand, depending on the prevailing Service. Agreement applicable during the time of subscription, appropriate pre-termination fee may be assessed and paid for should the Subscriber terminates his/her contract with AgniTalk Dialer.
15. AgniTalk Dialer shall provide Subscriber monthly Statement of Account for the use of its services on or before its due date. As such Subscriber is expected to pay its obligations to AgniTalk Dialer on or before due date. Non-payment within 15 days from due date shall mean automatic disconnection of the service. Payments shall be made only at AgniTalk Dialer Business Center, and other duly authorized payment centers. Accredited payment centers shall be announced via Subscriber’s monthly Statement of Account.
16. AgniTalk Dialer has the right to terminate this Service Agreement and disconnect the service without any liability to the Subscriber if a) Subscriber’s “Account becomes delinquent; b) No suitable deposits were made, if applicable; c) The subscriber files bankruptcy; d) Provided false information sated on the Customer Service Agreement Form; e) The Subscriber Re-sells or uses the Service in violation of existing laws and engage in illegal activities such as International Simple Resale (ISR) or other similar services utilizing any of AgniTalk Dialer service; or f) Subscriber commits a substantial breach of his obligations under this Agreement
The Subscriber shall only use the service only for the intended purpose herein stated and shall not be used to conduct any other forms of services such as international simple resale (ISR) and other similar services which are deemed illegal under the Bangladesh law or by which operation constitutes bypass defrauding AgniTalk Dialer and/or its partners for interconnection revenues and other termination/access charges. Should the Subscriber has proven to maximize AgniTalk Dialer’s services for any unauthorized or illegal use including but not limited to what was stated above, it shall constitute a material breach of this Agreement and the
Terms and Conditions: Subscriber shall immediately compensate AgniTalk Dialer upon demand of an equivalent amount to the prevailing termination/access charges or the appropriate revenue share (as agreed with AgniTalk Dialer pursuant to Interconnection Agreement with other Telco partners) at the time bypass was committed plus 50% of total bypass compensation charges. Upon compensation of Subscriber to AgniTalk Dialer, all bypass activities shall be terminated, unless, otherwise, a new legal agreement is transacted.
E: Other Terms and Conditions:
17. Taxes and Fees. The Subscriber shall assume all taxes including Value Added Tax / Overseas Communication Tax and/or other charges imposed by the government of the Peoples Republic of Bangladesh or its appropriate agencies incidental to any of AgniTalk Dialer services.
18. AgniTalk Dialer will not commit with regard to the quality of its services as it is dependent on the Subscriber’s broadband subscription and should not be liable for any claim arising from the Subscriber’s inability to use its services. For service interruption however, AgniTalk Dialer will give its best-effort support to resolve service interruption for the benefit of its Subscribers.
19. AgniTalk Dialer shall have the right to temporarily suspend the services in whole or in parts of its network for repair, maintenance or circumstance beyond AgniTalk Dialer’s control.
20. AgniTalk Dialer shall have the right to provide with any information including call recording/details of the subscriber to the law enforcing agencies as and when required by the law of the land.
21. Supplementary/Value Added Service/ others may be rendered as and when offered by AgniTalk Dialer. The services will be charged as per tariff determined by AgniTalk Dialer from time to time.
22. AgniTalk Dialer does not take the responsibility for possible disturbance or congestion in other networks encountered in calling subscriber of those other networks.
23. Subscriber may obtain call details of his/her IP phone as per AgniTalk Dialer policy which may be revised from line to time.
24. The Subscriber cannot use the service(s) for any unlawful or abusive proposes, or for sending obscene indecent, threatening, harassing, unsolicited message or messages adversely affecting/infringing upon national, social or economic interest, nor create any damage or risk to AgniTalk Dialer or its’ network and/or other Subscribers. Under such circumstances AgniTalk Dialer shall have the right to discontinue the service.
25. AgniTalk Dialer shall have the right to choose IP phone number for the subscribers and to publish or – otherwise use the number /address of the subscribers and /or change the IP phone number if required.
26. The decision of AgniTalk Dialer shall be final in respect of this Subscribers Agreement, if any interpretation of the terms and conditions is required.
27. Notwithstanding anything contained in this contract, any information brochure, notification or any other matter which will be published by AgniTalk Dialer regarding its Services, Service Price, Billing policy and Credit policy shall be included as the terms and condition of this contact and both AgniTalk Dialer and its subscriber shall be under obligation of the same.
28. Responsibilities of AgniTalk Dialer are explicitly stated in this agreement as above and AgniTalk Dialer takes no other responsibilities beside these.
29. For any Telecom offence, crime, trail, punishment, and relevant telecom matters the Bangladesh Telecommunication Act No.18 of 2001 and the Rules, Regulations and guidelines framed there under shall be applicable and binding upon the subscribers / users.
30. In completion of re-registration by way of execution of a new Subscription Agreement the prior/previous: subscription agreements) executed between AgniTalk Dialer will cease to be of any effect.
31. Subscribers shall be able to transfer their ownership to any other person provided that the said transfer is done by signing the prescribed form by AgniTalk Dialer and by paying the transfer fees which will be fixed by AgniTalk Dialer from time to time and the transferee shall also have to sign a fresh subscription agreement. Failing to comply with the above mentioned procedure. the transfer shall not be recognized or accepted by AgniTalk Dialer Any ownership transfer will be subject to verification of photograph and signature.
F: Additional terms and conditions relating to Prepaid Subscription:
1. AgniTalk Dialer shall have the right to suspend/disable, delete /permanently disconnect/ retire the provision| of the service to the subscriber when he/she reaches the different stages within the life cycle of a Prepaid; subscriber’s account.
2. AgniTalk Dialer shall have the right to re – use/recycle/re-sell any IP phone number corresponding to a’ permanently deleted Prepaid account/number.
3. The different stages in the life cycle of a prepaid subscriber’s account will be known as idle, active, suspended & deleted/permanently disconnected/retired. The time span between the suspended state and the deleted/permanently disconnected/retired state will not exceed 180 days under any circumstances. AgniTalk Dialer has the sole right to determine the current state of a Prepaid subscriber’s account anytime during the life cycle of a Prepaid account.
4. Depending on. the use of the IP phone, the air (Talk) lime charges including VAT would be deducted automatically from the charged Prepaid Scratch Card.
5. AgniTalk Dialer will not be liable to provide any refund/credit for any value on a lost/damaged/ unused Scratch card after selling the Scratch card.
6. The balance of an account can be carried forward only if a subscriber recharges with a new Scratch card within the validity period of the old card or within the suspension period of 180 days.
7. After the expiration of an Scratch card, AgniTalk Dialer may suspend a subscriber’s account for 180 days AgniTalk Dialer is not liable to inform a subscriber about the suspension of his/her account.
8. If the account is not recharged with a new Scratch card within 180 days after a subscriber’s account has been suspended then The account will be permanently retired/deleted. A subscriber will not be able to claim his/her old account or mobile number after permanent deletion of prepaid account. AgniTalk Dialer is not liable to inform a subscriber about the permanent deletion of his/ her account.