Official Ufone Customer Services Agreement form
(All subscribers are required to signed this form for valid SIM activation)
a) Call Charges mean a charge per unit at the applicable rate set out in the schedule of tariffs published by PTML from time to
time and used to, inter alia, calculate amounts due from the Customer to PTML for availing of the Service;
b) Connection means activation of Customer Equipment on the System;
c) Connection Charges mean the fees payable by the Customer to PTML for Connection;
d) Customer means the customer named overleaf porting into the PTML Network;
e) "Customer Equipment" means the telephone equipment, SIM Card and/or accessories supplied to the Customer by PTML or its
authorized dealer(s), and other telephone equipment, SIM Card, and/or accessories specifically approved by PTML as Customer
Equipment;
f) Encryption Device means any device used to protect and/ or secure data/ voice transmissions;
g) "Fees, Tariff, Costs, Rates, Charges individually and/ or collectively include without limitation applicable fee(s), tariff, cost(s),
rate(s), charge(s) levied by PTML in accordance with the schedule of tariffs published by it from time to time;
h) IMEI means International Mobile Equipment Identity;
i) Means of Communication include personal service, surface mail, voice, fax transmission, email, print or electronic media,
PTML website, email, SMS, leaflets distributed with invoices etc.;
j) MNP means Mobile Number Portability;
k) NIC means the computerized National Identity Card issued by National Database and Registration Authority (NADRA);
l) NTN means the National Tax Number issued by FBR, Government of Pakistan;
m) PTA means Pakistan Telecommunication Authority;
n) PTCL means Pakistan Telecommunication Company Limited;
o) PTML means Pak Telecom Mobile Limited;
p) Service means the telecommunication service(s) provided by means of the System and PTCL.;
q) Service Levels mean the various Services as may from time to time be offered by PTML;
r) sign or any grammatical expression thereof includes affixing signatures, thumb impression or any other like mark, symbol or
indication by any prevalent mode.
r) SIM Card means a Subscriber Identity Module Card that contains Customer information; and
s) System means the PTML GSM 900-1800 MHZ Cellular Mobile Telephone System.
2. Connection to the System and Provision of Service:
a) Subject to the terms and conditions of this contract, PTML may establish and maintain the Connection and will endeavor to make
the Service available to the Customer throughout the term of this contract.
b) The Customer recognizes that the Service, by its very nature, may, from time to time, be adversely affected by natural and manmade physical structures/constructions, atmospheric conditions, natural phenomena and other causes of interference including
without limitation solar radiation, and may fail or require maintenance without notice. PTML shall not be liable for any disruption,
interruption, suspension or termination of the Service or Service Levels for such cause or otherwise required or necessitated by any
order, rule or regulation of PTA or the Government of Pakistan whether with or without notice.
c) The Customer agrees that in relation to a number that has been blocked, suspended, cancelled or otherwise not utilized by the
Customer for any reason whatsoever, and has remained as such for a period of three months or more, PTML shall acquire the right to
and may at its sole and unfettered option reissue/re-sell such number to any one else.
e) The Customer shall, at all times during valid subscription to an active number being used as part of the Connection, have the
right to transfer the said number to another person, subject to the prior written consent of PTML and after fulfillment of all regulatory
requirements and obligations. The Customer further agrees to use the Connection at least once in any given time period of three (03)
consecutive months. Use , for the purposes of this clause, shall include activation and recharge of the SIM pertaining to the
Customer s allocated number. If the Customer does not use the Connection as aforesaid during any given three (03) consecutive
calendar months period, the allocation and right of usage of the said number shall stand automatically revoked and reverted to
PTML upon expiry of the aforesaid three-month period without any prior intimation. The Customer hereby accepts notice of and
agrees to such revocation and reversion and waives any right to or interest in the reverted number without reservation.
3. Charges and Payments:
a) Fees, Tariff, Costs, Rates, Charges for any Customer Equipment, installation of SIM Cards, Connection and the Service can be
viewed at PTML s sales offices and PTML s website (www.ufone.com).
b) The Customer shall pay PTML, as applicable:
i) Customer Equipment costs prior to Connection.
ii)Connection Charges prior to Connection.
iii) Installation Fee prior to installation and Connection of the Customer Equipment.
iv) Monthly Access Charge for the Service monthly in advance commencing from the date Service is made available to the
Customer.
v) Call Charges in arrears, including all charges incurred by the Customer Equipment.
vi) Taxes, Duties and Levies which are or may be levied in accordance with applicable law, rules or regulations.
c) PTML will in its sole discretion determine an appropriate credit limit for the Customer, such credit limit to be secured by a
refundable cash deposit placed by the Customer with PTML. It is the policy of PTML and the Customer hereby acknowledges and
agrees that in the event such credit limit is exceeded at any time, PTML will be entitled to disconnect or suspend the Service to the
Customer and the Customer hereby waives all claims and rights in respect thereof including the right to contest such disconnection.
The said cash deposit will be refunded to the Customer, less any amount outstanding in respect of payments due to PTML, upon
termination of this contract.
d) Monthly Access Charges shall continue to be payable by the Customer to PTML during any period of suspension or
disconnection of the Service which is required either by the Customer (or by a person genuinely appearing to PTML to act on behalf
of the Customer) or by PTML in the event of non-payment of its dues or misuse/abuse of the System or in accordance with other
provisions of this contract.
e) Call Charges shall be determined exclusively by PTML by reference to details of calls recorded by PTML and/ or its international
roaming partners and/or any international GSM data clearing house with which it has an appropriate arrangement.
f) Invoices for sums due under this contract may be issued to the Customer at such intervals and in such format and containing such
information as PTML shall from time to time determine.
g) All invoices of PTML are due for payment by the Customer on demand and failure to pay by the due date printed on the invoice
or on exceeding credit limit will render the Customer liable to immediate disconnection/suspension/dormancy from the Service.
Before reconnection/reactivation, the Customer shall pay all outstanding amounts due to PTML, applicable reconnection/reactivation
charges and, an advance against future payments.
h) In case of failure of Customer to pay an invoice by its due date, PTML also reserves its right to disconnect Service to all other
connections (if any) held by the Customer and to charge a surcharge on the amount from time to time outstanding at the rate of (2%)
above Bank Rate per annum pro-rated weekly.
4. Duration and Term:
a) This contract shall commence on the date of approval by PTML after signing of the form overleaf by the Customer and, subject to
the provisions of this contract, shall continue thereafter until terminated by either party hereto by giving not less than one (1) month s
notice in writing to the other party hereto. It is the policy of PTML and the Customer acknowledges and agrees that PTML shall,
however be entitled to disconnect or suspend Service or terminate this contract forthwith in the event that any charges payable
hereunder by the Customer remain unpaid after becoming due and/or in the event of any misuse of Service by the Customer and/or
violation of the terms and conditions of this Contract or any applicable law, rule or regulation and/or in the event of death/winding up
of the Customer. Notwithstanding termination of this contract, all rights of PTML accrued till the date of termination shall continue
to exist unhampered until satisfied in full by the Customer.
5. Directory of Customers:
a) If so requested by the Customer PTML may make and print an appropriate entry in its directory of customers (which may be
published from time to time). A standard entry shall be free of charge. PTML is however under no obligation, whatsoever, to publish
a directory of customers.
b) PTML will not accept any liability for incorrect or omitted entries in a directory of customers, if published/printed.
c) A bold-type or non-standard entry may be made and printed by PTML for any Customer in a directory of customers on payment
of such fee or charge as may be prescribed by PTML.
6. Prohibition of Assignment:
a) Rights, duties, benefits, obligations, or liabilities of the Customer under this contract shall in no case be assigned, transferred or
sub-contracted in any manner, whatsoever. Transfer of ownership/connection/service is also not allowed, except in accordance with
PTML s own policy, practice and prerogative; and in case of any contravention by the Customer, whatsoever, PTML reserves all of
its rights available thereto under this contract, the law and equity.
b) PTML may at any time assign it rights, duties, benefits, obligations and/ or liabilities under this contract to any third party.
7. Warranties:
a) PTML hereby warrants that such Customer Equipment as is purchased by the Customer from PTML only (hereinafter the
Warranted Equipment ) will meet applicable PTML product specifications and will be free from defects in material and
workmanship for a period of twelve (12) months from the date of purchase. In the event of discovery of a defect in material or
workmanship or of failure to conform to applicable product specifications during the aforesaid warranty period PTML at its sole
option will either repair or replace the Warranted Equipment. If PTML elects to replace any Warranted Equipment then upon such
replacement such Warranted Equipment shall become the property of PTML. If the Customer desires to avail of this warranty during
its validity period the Customer will be required to transport the Warranted Equipment at its own cost to an authorized PTML repair
depot. The Customer shall collect the replaced or repaired Warranted Equipment from the same repair depot at such time as advised
by PTML. Replacement or repair of the Warranted Equipment as mentioned hereinabove shall be the sole and exclusive remedy of
the Customer in this regard.
b) This warranty does not apply where the Warranted Equipment is used in combination with equipment not supplied, manufactured
or expressly approved by PTML.
c) This warranty is specifically limited to defects in material and workmanship in the Warranted Equipment and for failure of the
Warranted Equipment to conform to applicable PTML product specifications. This warranty shall also not apply to repair or
replacement necessitated by catastrophe, misuse, abuse, fault or negligence, user modification, improper maintenance or operation,
user alteration of any kind. Warranted Equipment whose serial/identification numbers have been removed or made illegible,
rechargeable batteries, control unit coil cards that are stretched or have the 8 pin modular tab broken, defects or damage due to
spilling of food or liquids, is also excluded from this warranty as is normal wear and tear. PTML shall have the right, at any time, to
recall Warranted Equipment if in its opinion such Warranted Equipment is not in accordance with applicable PTML product
specifications or has defects in material or workmanship for any other reason whatsoever, and in such case the Customer shall
immediately return such Warranted Equipment for repair or replacement at the option of PTML. All charges for transporting such
Warranted Equipment to an authorized PTML repair depot shall be borne by the Customer. The Customer shall collect the replaced
or repaired Warranted Equipment from the same repair depot at such time as advised by PTML.
d) No alternation, attachment, or repair is permitted to Customer Equipment except by PTML s authorized repair depot.
e) For the avoidance of doubt, this warranty is neither applicable to used, un-warranted or second hand Customer Equipment
purchased/ procured by the Customer from PTML nor to new, used or second hand Customer Equipment purchased/ procured from
any other source including PTML authorized dealers.
f) Save as expressly stated hereinabove, all conditions, warranties and undertakings, express or implied, statutory or otherwise are
excluded whether relating to fitness of purpose or merchantability.
8. Liabilities:
a) PTML shall not be liable or responsible in any manner for any delay in effecting repair or replacement to Customer Equipment or
for any failure or delay in maintaining the Service or Service Levels or for any failure or delay while the Customer is availing of the
Service whether such failure or delay arises by accident or technical defects in the Customer Equipment or from any other cause
whatsoever, including PTML s negligence. PTML shall not be liable to the Customer for any loss, expense or damage of any kind in
connection with its performance under this contract or arising from any delay in Connection/installation of Customer Equipment, or
any disruption, interruption, suspension, eavesdropping of any conversation/data or malfunction, disconnection, suspension,
dormancy, withdrawal or termination of the Service for whatever reason, including PTML s negligence.
b) PTML s obligation under this contract is strictly contingent upon PTML continuing to be licensed to operate the System. Should
such licence be revoked, cancelled, suspended or not renewed for any reason, PTML will only and only be liable to refund advance
payment(s) and/or deposit(s) placed by the Customer as security (as applicable, if at all) less any amounts that may be outstanding
against the Customer.
c) PTML shall not in any event be liable for the acts or omissions of PTCL or any third party including, but not limited to, other
telecommunication operator whether wireless or fixed line.
d) PTML shall not be liable to the Customer or be deemed in breach of this contract by reason of any delay in performing or failure
to perform any of its obligations under this contract.
e) PTML shall not be liable to the Customer for any acts conducted for/on behalf of the Government of Pakistan or PTA in the
interest of national security or in the apprehension of an offence, including but not limited to, interception of calls, messages, data or
call tracing through any system and disconnection, suspension or withdrawal of the Service/Service Levels or termination of this
contract.
9. Use of the Service Via Customer s Equipment:
a) PTML reserves the right to issue such instructions through any means of communication regarding use of the Services/Service
Level(s) as it may from time to time consider necessary to maintain the integrity, quality and safety of the Service for all customers
and such instructions shall be binding upon the Customer and be deemed to form an integral part of this contract.
b) The Customer is personally responsible for all use of the System/Service/Service Level(s) made from Customer Equipment and
shall neither use nor permit any person to use Customer Equipment, the System, the Service, or the Service Level(s) for:
i) sending abusive, offensive, indecent, obscene, unsolicited, uncalled for or menacing messages or communications; or
ii)eavesdropping, intercepting or learning the contents of any message on the System; or
iii) persistent calls or missed calls that may cause annoyance, nuisance, inconvenience or needless anxiety or irritation to any
person; or
iv) any improper, immoral or unlawful purpose, or for any purpose not recommended by the Equipment. Manufacturer or
PTML; or
v) PTML has the right to treat use of the System in contravention of this sub-paragraph (b) as a ground for the disconnection or
suspension of the Service/Service Level or termination of this contract; or
vi) any use or purpose that is in violation of any law, rules or regulations including, without limitation, those made/issued by PTA
or the Government of Pakistan. [Comment: This is to specifically cover the Protection from Spam, Unsolicited, Fraudulent and
Obnoxious Communication Regulations, 2009 or any other like legislation]
c) PTML has the right to make any alteration or adjustment in Customer Equipment as it may consider desirable for the purpose of
maintaining satisfactory Service for the Customer or for customers as whole. Any such alternation made will be billed to the
Customer at the appropriate rate.
d) The Customer shall not place or use any thing, equipment or device in such a way in relation to Customer Equipment which is not
approved or recommended by PTML.
10. Suspension/Termination/Disconnection:
a) It is the policy of PTML and the Customer acknowledges and agrees that PTML may from time to time and without notice
suspend the Service (and at PTML s sole discretion disconnect Customer Equipment from the System) in addition to its rights to
disconnect in accordance with sub-paragraphs (c) and (h) of paragraph 3, paragraph 4, and sub-paragraph (b) of paragraph 9, in any
of the following circumstances without prejudice to the liability of the Customer to continue to pay Monthly Access Charges:
i) During any period in which the System is subject to technical failure, modification or maintenance, or
ii)if the Customer or a person genuinely appearing to act on behalf of the Customer reports the loss or theft of Customer
Equipment. In such event, the Customer s liability for calls made under these circumstances extends up to midnight on the day of
such report provided it is received by 1700 hours on such day; otherwise the liability will continue until midnight on the next
working day. It is the duty of the Customer to immediately report loss or theft of Customer Equipment to the police as well as PTML,
or
iii) if the Customer fails to comply with any of the terms and conditions (including failure to pay
charges due under this contract until the failure is remedied, or
iv) If the Customer does or allows anything to be done to Customer Equipment that in PTML s sole opinion, may have the
effect of jeopardizing the successful operation of the System or the Service/Service Levels.
v) If the Customer allows the Service to be used by an unauthorized person or uses or allows the
use of any encryption device on the Service.
b) Disconnection shall entitle PTML to levy a disconnection charge. Any reconnection/reactivation subsequently made shall be at
the sole discretion of PTML who shall be entitled to levy a reconnection/reactivation charge.
c) This contract shall automatically and without notice terminate, without prejudice to accrued rights of PTML, in the event of:
i) presentation of a petition for winding up of the Customer whether voluntary or otherwise (in case of a corporate customer);
ii)compounding by the Customer with its/his creditors, appointment of a receiver or manager with
respect to all or part of the Customer s assets;
iii) bankruptcy, insolvency or liquidation of the Customer;
iv) death of the Customer or;
v) seizure of any part of the assets of the Customer.
d) PTML may without prejudice to any other accrued rights by written notice terminate this contract with immediate effect if:
i) the Customer breaches any term of this contract, or any term of any other agreement between PTML and the Customer
pertaining to availing of the Service/Service Levels where connections are held in the name of the Customer; [Comment: This is to
meet requirement of Regulation 7(3) and the proviso thereto of the Telecom Consumers Protection Regulations, 2009]
ii)PTML in its reasonable opinion believes that the Customer cannot pay amounts due to it;
iii) PTML reasonably believes that the operation of the System and or Service is in jeopardy; or
iv) The operation of the System and/or the Service is discontinued, suspended, withdrawn or terminated for any reason,
whether temporarily of otherwise.
e) On termination of this contract, the Customer shall forthwith pay PTML:
i) All amounts due to PTML at the time of termination together with mark up at the rate of 2% per annum over Bank rate (prorated weekly) on amounts overdue.
ii)All costs including legal fees reasonably incurred by PTML in enforcing its rights under this contract including the recovery of
monies/dues/charges.
11. Variation:
a) PTML reserves the right to revise the Fees, Tariff, Costs, Rates, Charges from time to time and such revisions may be advertised
by PTML through any means of communication including, without limitation, on its website (www.ufone.com), in newspaper, on
electronic media, or in leaflets distributed with invoices or through Tariff manuals to be issued to Customers. The revised Fees,
Tariff, Costs, Rates, Charges will apply to the Customer from the date so advertised or notified.
b) PTML may vary the conditions of this contract as a direct result of any new legislation, statutory instruments, rules, regulations or
licences or similar event provided that PTML may endeavour to promptly notify the Customer of any such variation through any
means of communication or by publishing such a variation at PTML s principal places of business.
12. Arbitration:
a) If any difference or dispute, in any way connected with this contract, shall arise between the parties hereto which cannot be
settled amicably within a period of two (2) months, then such difference or dispute shall be referred to arbitration under the
provisions of the Arbitration Act, 1940, by two arbitrators, one to be appointed by each party, and the Arbitrators may, before
commencing upon the reference, appoint a neutral umpire to decide the dispute in the event of inability of the arbitrators to agree.
Arbitration shall be held in Islamabad and conducted in the English language. The award under such arbitration shall be final and
binding on the parties hereto.
13. Miscellaneous:
a) It is the Customer s duty to acquaint himself and to comply with all applicable requirements and restrictions imposed by the
Government of Pakistan and other applicable authorities including PTA relating to use of the Service. In particular, the Customer
may not use or allow the use of Customer Equipment while on board, or in the proximity of any aircraft whether stationary or not.
The Customer hereby indemnifies PTML against all liability it may incur in consequence of the Customer failing to comply
herewith.
b) Information contained in PTML s promotional material, advertisements and publicity campaigns, from time to time, are for
information purposes only and are not part of this contract. The Customer acknowledges, admits and agrees that he has not relied
upon or been induced by any such material in executing this contract which the Customer has entered after having read and fully
acquainted himself/herself/itself with this contract.
c) PTML may withdraw one or more Service Levels with one (1) month s advance notice and the Customer may cancel or amend
desired Service Level with similar notice.
d) Should any provision of this contract become void for any reason, the validity of the remaining provisions shall not be affected
thereby unless the commercial intent of this contract is thereby frustrated.
e) No warranty, condition, undertaking or term (wither implied or express) as to the nature or quality of the Service or Service
Levels is part of this contract unless expressly accepted in writing by PTML, though a duly authorized officer, and no such term shall
be implied by law or otherwise.
f) This contract including the particulars overleaf constitutes the entire agreement between PTML and the Customer. All orders
accepted by PTML and all Service provided by PTML are subject to these conditions only.
g) Any failure or delay by PTML in exercising any option, right or remedy under this contract or to demand compliance of any
obligation of the Customer, shall no way constitute a waiver of any such option, right or remedy or the performance thereof. Any
such failure or delay shall not operate as a continuing waiver nor shall it operate as a future waiver.
h) Subject to prevalent regime governing the Services and issuance of new connections, if the Service is requested in the name of a
duly registered company, the duly authorised Company Secretary or a duly authorized director shall sign this contract on behalf of
such company. If the Service is requested in the name of a firm or organization other than a company, the proprietor or partner or an
authorized official of such firm or organization shall sign this contract. Every entity, company, firm or organization etc, whatsoever,
shall produce the business registration, and commencement certificate, evidence of signatory s authorization, etc, if called upon to do
so by PTML.
i) All SIM Cards supplied to Customer shall remain the property of PTML.
ii)For the avoidance of doubt, the Customer is liable to pay all charges levied by PTCL, from time
to time, with respect to the Customer s use of the Service.
i) Any employee, agency or agency for/on the behalf of PTML has complete authority to make credit collection and to investigate
any of the present or potential PTML s Customer(s) including, without limitation, verification of NIC from NADRA or other
agencies.
j) It is hereby agreed between the parties that PTML shall have the right to use the funds received from the Customer, whether as
security deposit or otherwise, in its sole and absolute discretion for the purposes of its business.
k) It is the Customer s responsibility to ensure that his/her Connection is not used for making obnoxious/threatening calls and
unsolicited SMS or any other unlawful or immoral purpose, etc. In case of loss or theft of the SIM, the Customer must immediately
inform PTML and get the SIM/Connection blocked by making written request. In the absence of any such information, the Customer
may not be absolved from any liability, whatsoever, if the Connection is used in any criminal act.
l) Any request by the Customer or process of MNP (whether porting in or porting out) will be entertained/carried out subject to the
provisions of PTML s policy and PTA s regulations or any other applicable law, rules, regulations, instructions and guidelines.