Article 1: Introduction: 1. The introduction shall constitute an integral part of this contract and shall be read and interpreted with it.
2. This Contract has been developed pursuant to the terms and conditions outlined in the conditionsdocument for the provision of mobile telecom services issued by the CITE. In case of discrepancy between the hereunder terms and conditions and the T&Cs outlined in the service provision document, the T&Cs outlined in the conditions document for the provision of mobile telecom services shall prevail.
Article 2: Definitions 1. “Company” refers to the Mobile Telecommunications Company – Saudi Arabia (Zain), a Saudi public share holding company licensed to provide mobile telecommunications services.
2. “Subscriber” refers to legal, natural or authorized person who requests for subscription in mobile telecommunications services provided by the Company and who signs on application request after review and agreement with all terms and conditions therein and referred hereinafter as “customer”.
3. “CITC” refers to the Communications and Information Technology Commission.
4. “Contract” refers to the terms and conditions outlined hereunder and the subscription form attached thereto which govern the relation between the Company and the customer and approved by CITC.
5. Service Conditions Document refers to service conditions for mobile telecom service providers issued by CITC resolution no. 195/1429 dated 11/3/1429H.
Article 3: Provision of Service 1. The Company shall provide the service to the Customer through issuance of a SIM card to him and the allocation of a mobile telephone number based on which the customer can benefit from the service.
2. The Company shall connect the mobile telephone service to the customer. Upon signing the service subscription request, the customer shall be committed to all contract T&C.
3. The customer shall, based on this contract, obtain a mobile telephone number allocated for his use. But the allocation of the telephone number shall not give the customer the right to own the number; consequently the customer’s disposal of the number shall be in accordance with the Telecom Law and its bylaws and the Service Conditions Document.
4. The Customer agrees that Zain shall not be responsible for any variation, deficiency or interruption in the service as a result of any modifications conducted on the network aiming at improvement of service or for any defects as a result of weather changes, climate or geographical fluctuation, unless within the limits of financial reimbursements to the customer.
5. The Company shall not be liable to compensate the customer against any loss as a result of the customer being unable to use the service or of his misuse of the service.
Article 4: Credit Limits 1. The Company has the right to ask the customer to deposit a certain amount of money as an insurance or warranty either upon signature of the contract or during its validity as may be deemed appropriate by the Company in order to protect its rights in the following cases:
   A. The Company has definite information that the service applicant is not capable to pay the due amounts.
   B. There are indisputable, infrequent, accumulated and unpaid large amounts of money on the customer.
   C. If there are previous unpaid debts due for payment to the Company.
   D. When the Customer asks for international dialing or roaming.
2. The Company reserves the right to determine the credit ceiling of the Customer based on his consumption monthly average or as deemed appropriate by the Company. In case the Customer exceeded his credit ceiling, the Company has the right to, at any time, requests the Customer to deposit an amount of money to be determined by Company, otherwise the Company would have the right to suspend its services to Customer.
Article 5: Customer’s Obligations towards the Company 1. Customer should be obligated to meet all warranties, deposits or insurance imposed by Company based on its own estimations as a guarantee for payment of bills payable by Customer incompliance with the T&C of this contract and the service provision conditions.
2. Company has the right, under this contract or any other subscription contract, to make reconciliation and deduct any amounts subject for payment by Customer from any amounts deposited with Company as a financial guarantee. Company shall also have the right to confiscate any guarantee or amount of money in order to redeem the amounts payable by the Customer.
3. The Company shall have the right to transfer any unpaid amounts that have not been settled by the customer (which resulted in service cancellation) to any other service account for the customer, and the customer should be notified of this transfer.
Article 6: Service Usage by Customer 1. Customer shall undertake not to use the service for purposes that expose the safety and security to danger or to use it in a way that contradicts with the prevailing regulations and laws. The Service Conditions document and the CITC regulations shall be applied for any violation or damages that may result from the customer’s use of the service.
2. The Customer does not have the right to rent, re sell or assign the service without a prior written approval by Zain.
3. The Customer shall undertake not to illegally use or operate, either by himself or others, the service provided to him.
4. Without prejudice to the regulations for the responsibility of damages under the prevailing rules in the Kingdom, the Customer shall be responsible for damages and penalties resulted from his misuse of the service which may be imposed by CITC.
5. Customer shall be committed to notify the Company if the SIM card was lost or stolen. The Company may accept verbal notification by telephone provided that it should be followed by a written notification based on which the Company will deactivate the SIM card. Customer shall bear all costs or fees that may result from the service provided to him and he will be accounted for such costs until he notifies the Company about the loss or steal of his SIM card.
6. Company shall, upon notification, replace the stolen, lost or damaged SIM card provided that the Customer shall pay the replacement fees based on the applicable fees imposed by the Company at the time.
7. Customer shall undertake to notify the Company about any changes on subscription information or authorized signatories. Company shall not be held responsible if it dealt based on the information given to it unless it was notified of such changes.
Article 7: Payment of Fares and Fees 1. Customer shall, upon receipt of the first month invoice, pay the subscription fees for the first month, establishment or connection fees, and additional services fees as selected by the Customer. Payment shall be made according to the fares and tariffs as approved and announced by the Company.
2. Customer shall pay the monthly subscription fees and the additional services fees as selected by the Customer in addition to fares of calls which appear on his monthly invoice. Payment shall be made according to the fares and tariffs as approved and announced by the Company. Customer shall agree that the Company has the right to amend or change these fares and tariffs during the validity of subscription contract. Company shall notify the Customer in an appropriate way prior to application of such fares and tariffs in accordance with the terms and conditions hereto. The customer has the right to file an objection to the Company on any errors in the invoice no later than the issue date of the next invoice. Any objection on the invoice errors shall not be accepted after this date.
3. Customer shall undertake to pay all indisputable amounts resulted from his use of the Company’s services as shown in its records.
4. Zain shall issue monthly invoices to its customers. Such invoices shall be considered as notices for payment and the Customer shall pay the amount of that invoice during the period shown on the invoice. Zain shall, after the expiry of this period, have the right to suspend its services to the Customer. Such suspension of services shall be considered as a warning to disconnection of service. In case of Customer’s failure to pay the invoice, Zain shall have the right to terminate the Service Contract while reserving its right to claim for payment of fares by the Customer in lieu of his use of Company’s services throughout the period of subscription. If the customer failed to pay the invoice value with the specified period or after Zain’s response of non-acceptance of the customer’s objection, Zain shall have the right to take all appropriate legal actions which shall include, but not be limited to service suspension, calling in of its right through a third party selected by the Company or any other method deemed appropriate by the Company.
5. Zain undertakes to respond, in writing or electronically, to the objection submitted by the Customer within 15 days from the submission date of the complaint or objection. 6. Customer shall have to pay the value of the invoice within the period shown in the invoice. 7. Customer acknowledges that data in Zain’s records are considered as a binding proof for both arties in case of any dispute on the value of the invoice.
Article 8: Contract Period and Termination This Contract shall be valid from the date of service provision to the Customer. Customer may terminate this.
contract at any time provided that the minimum period of the contract life should have elapsed in accordance.
with the service provision conditions.
Article 9: Suspension of Service The Company may suspend the service in the following cases: 1. If invoices have not been settled within the prescribed time of payment.
2. In case the Customer has a previous or a later subscription contract for which no payment has been made.
3. The Customer’s violation of any terms and conditions listed herein or in the service conditions as prescribed by CITC.
4. In case of an emergency technical defect, the service shall be disconnected temporarily until the defect has been repaired. Also, the Company may disconnect the service in cases of upgrade, modification or maintenance performed on the network system.
5. Customer may request the Company to stop or temporarily suspend the service. Company also, based on its discretion, has the right to impose fees against this stoppage or suspension until its end date.
6. If the suspension request came from CITC.
Article 10: Termination of Service Company shall have the right at any time to terminate this contract in the following cases:
A. In case of Customer’s death, bankruptcy or liquidation.
B. If the Customer inflicts any disturbance or harm to others from his own telephone, the service shall be terminated in accordance with the prevailing legal procedures.
C. If the Company found that the Customer has provided incorrect documents or information, and he did not provide the Company with updated documents and information to correct the contract.
D. If the Customer failed to pay the invoice due from him within 45 days from its date if issue.
E. If the suspension or termination request came from CITC.
F. If the customer does not effectuate a payment of the top-up or credit refill within the specified period , then the service will be subject to disconnection1.
Article 11: Limitation of Liability 1. Company shall not, in cases of force major, be responsible for any reasons beyond its control, unless within the limits of financial reimbursements to the customer.
2. Company shall not be responsible for any loss or damage suffered by the Customer as a result of defective mobile telephone set, delay in mobile telephone or any of its calls or any stoppage or deficiency in the service at any time.
Article 12: Disclosure of Customer’s information The Company shall not have the right to disclose any information about the Customer (such as his name, address, telephone number, outgoing calls or incoming calls) unless this pursuant to the Telecom Law and its bylaws and the Service Conditions Document.
AArticle 13: General Provisions 1. The Customer acknowledges that he is legally qualified to conclude the contract and agrees to be subject to all terms and conditions herein. 2. Company shall have the right to revise the terms and condition of this contract in line with the service conditions. 3. Customer may refer to CITC for the settlement of any dispute that may arise out of this contract in case it was not possible to settle the dispute by CITC. 4. Any leniency or tolerance from the Company in the implementation of this contract shall not be considered as an assignment from the Company towards the Customer as a result of this contract or any other contracts with the Company. 5. Company shall have the right to reject any request submitted by any customer unless the customer settles all amounts due from him, whether such amounts were due to old or later invoices of one line or a group of lines. 6. Without prejudice to the provisions of Article 10 above, Company shall abide by express instructions of the Customer in connection with confidentiality of his information. Applicable only to prepaid subscription.