Subscriber Agreement

.Terms and conditions for the subscribers' use of services provided by MTN Irancell Telecommunications Servivces Company

1. Definition of Terms:


In this Agreement, unless the context clearly indicates a contrary intention, the words defined below have the meanings assigned to them.

1.1 “Operator” means MTN Irancell Telecommunications Services Company ("MTN Irancell"), that operates according to the Licence Agreement no. 10/9604 issued by Ministry of Communications and Information Technology; The brand name of thic company is MTN Irancell whose principal place of business is located at No. 5, Alidoust Alley, Qaderi Alley,Zandi St., Shahid Panahinia St., Heravi Sq., Tehran.

1.2 “Airtime” means the usage that a Recharge Card/Refill Voucher credits to a Subscriber based on the applicable Call Charge provided that any Airtime that is not utilised at the time of deactivation, in accordance with Clause 11, shall be forfeited;

1.3 “Load” means to physically load the requisite information on a valid Recharge Card/Refill Voucher or Booster card on the Operator’s Pre-paid System so that the Subscriber’s account is credited with the Airtime and/or Access Period and/or discount specified thereon;

1.4 “Price List” means that schedule on which the Charges levied by MTN Irancell from time to time, as approved or determined by the Operator, are recorded which Price List is available on request from MTN Irancell;

1.5 “Pack” means the package containing the information sheet describing the Network Services and the Sim Card which the Subscriber will receive upon purchasing a Sim Card;

1.6 “Renewal” means the renewal (single or several) of this Agreement by the parties as the parties may agree from time to time;

1.7 “Terminal Equipment” means a GSM Terminal and accessories thereto utilised by the Subscriber to send and/or receive messages via the Network (which is commonly known as the cellphone);

1.8 "Extension" means the extension of the term of this agreement for several times and for a particular period of time.

1.9 “Registration” means the completion of the designated Registration Form/Schedule, or any other manner determined by MTN Irancell from time to time, with the Subscriber information that is determined and required by MTN Irancell, at its sole discretion, as a prerequisite for Activation;

1.10 “GSM” means Global System for Mobile Communications as defined in the European Technical Standards Institute (ETSI) structure of specifications;

1.11 “Value Added Services” means the secondary services designated as such by MTN Irancell or the Operator and which are part of the Network Services except that they may be provided to a subscriber under certain Package Options to the exclusion of other Package Options, or may be provided at additional charges and may be introduced or withdrawn by MTN Irancell at its discretion from time to time.

1.12 “Network Services” means the GSM Telecommunications Network Services, including Value Added Services, made accessible to the Subscriber by MTN Irancell in terms of this Agreement;

1.13 “Order” means an Order placed by a Subscriber on MTN Irancell, as per the Schedule or in any other form approved by MTN Irancell, for the provision and/or installation of Terminal Equipment, SIM Cards and/or use of the Network Services;

1.14 “Access” means the ability given by the Operator to the Subscriber to send and receive messages on the Network;

1.15 “MTN Irancell ’s Premises” means MTN Irancell’s head office situated at the address set out in clause 1.1 but specifically excludes the branch offices of MTN Irancell and the offices of any agent or intermediaries acting on behalf of MTN Irancell or any other party;

1.16 “Validity Period” means the period of validity for any Product,N etwork Service or Value Added Service, as indicated on the Price List or applicable promotion from time-to-time;

1.17 “Initial Period” means a period of ninety (90) days in which MTN Irancell may allow the Subscriber Access to the Network, subject to the Subscribers’s fulfillment of its obligation herein, calculated from the date of acceptance of the Subscriber’s Registration or the initial Activation of the Subscriber’s Sim Card, whichever shall first occur, subject to the provisions of clauses 2 (Commencement), 5 (Suspension) and 7 (Breach);

1.18 “Access Period” means, with respect to :-
1.18.1 Pay Monthly Package Option(/Tariff Plan), each period of one (1) month during the operation of this Agreement in which MTN Irancell shall allow the Subscriber Access to the Network, subject to the Subscribers’s fulfillment of its obligation herein , calculated from the date of registration of the Subscriber; and

1.18.2 Pre-paid Package Option (/Tariff Plan), the period of Access indicated on the Recharge Card loaded by the Subscriber from time to time calculated from the time of confirmation of loading of a Recharge Card by the Operator provided that a maximum of ninety (90) days Access shall be credited to and/or accumulated on an account at any point in time. Any Access purchased and/or loaded on an account whilst the maximum Access Period threshold has been reached shall be forfeited. Notwithstanding the forfeiture of Access Period, any Airtime loaded shall be credited to the account;
1.19 “Regulatory Authority” means the Communications Regulatory Authority or any other body appointed in its stead by the government of the Islamic Republic of Iran to regulate the telecommunications industry;

1.20 “SIM Card” means a Subscriber Identity Module incorporating an ICC and MSISDN which, when activated by MTN Irancell, provides a Subscriber using a compatible Terminal Equipment with Access to the Network Services;

1.21 “Network” means the digital mobile (cellular) telephony system operated by the Operator;

1.22 “MSISDN” means the Mobile Station International Subscriber Directory Number (otherwise known as the mobile telephone number) programmed into each SIM Card;

1.23 “ICC” means the International Card Configuration, being an identity number that is unique to each Sim Card, allocated by the manufacturer of such Sim Card;

1.24 “Package Option” means any one of the tariff plans under which the Network Services are made accessible to subscribers, which tariff plans are set out in the Price List and vary according to the rate or Usage Charges, Value Added Services included and other variables determined by MTN Irancell or the Operator from time to time – but subject to the requirements, conditions and/or approval of the Regulatory Authority, where applicable;

1.25 “the Schedule” means the Order or Registration form completed by or on behalf of the Subscriber upon Registration;

1.26 “Activation” means the enabling of a SIM Card by MTN Irancell so that it operates on the Network in terms of this Agreement;

1.27 “Refill Voucher” see Recharge Card;

1.28 “Agreement” means these terms and conditions read together with any document completed by/for the Subscriber relating to the Subscriber’s subscription to the Network and/or the Network Services;

1.29 “Booster Card” means a card/voucher that entitles a Subscriber to reduce call charges as indicated in the advertised tariffs for the applicable Validity Period, subject to the provisions of clause 6 (Limitation);

1.30 “Recharge Card” means a Iranian Rial (RLS) denominated voucher to be purchased by a Subscriber and which allows a Subscriber usage of and Access to the Network Services to the value and/or for the Access Period indicated thereon;

1.31 “Kit” means (see “Pack”);

1.32 “Subscriber” means the natural person or legal entity that subscribes and is connected to the Operator’s Network and whose particulars appear on a duly completed Schedule;

1.33 “Installation” means the installation of Terminal Equipment in a vehicle or other location specified by the Subscriber in an Order;

1.34 “Charge(s)” means any charge(s) levied by MTN Irancell on the Subscriber from time to time and pertaining to the provision of the Network Services

1.35 “Connection Charge” means the Charge levied by MTN Irancell on the Subscriber in consideration for Activating the Subscriber’s SIM Card;

1.36 “Monthly Service Charge” means the monthly charge levied by MTN Irancell in consideration for the Subscriber’s access to and use of the Network Services, as detailed in the Price List from time to time;

1.37 “Usage Charges” means the charges levied by MTN Irancell on the Subscriber for recorded usage of the Network Services, as published in the Price List from time to time;

1.38 “a month” shall mean a period which commences at 0h00 on a particular day (determined by MTN Irancell from time to time) of a month (Jalaali calender) and shall endure until 0h00 on the same day of the following month;

 

2. COMMENCEMENT AND TERMINATION


2.1 This Agreement shall commence on the date of Activation of a SIM Card issued to the Subscriber by MTN Irancell and shall, subject to the provisions of clause 5 (Suspension) and 7 (Breach), continue for the Initial Period whereafter the Agreement shall operate for further periods of Renewal as determined by the Operator from time to time until terminated:
2.1.1 by the Subscriber upon 30 days written notice to MTN Irancell; and/or

2.1.2 by MTN Irancell forthwith upon notice to the Subscriber, inter alia, in the event of the Licence in terms of which MTN Irancell is authorised to give the Subscriber access to the Network Services is terminated or for whatsoever reason.
2.2 Notwithstanding the use of third parties or other intermediaries by MTN Irancell, the Order by the Subscriber is an offer made by the Subscriber to MTN Irancell and will be considered once received by MTN Irancell at MTN Irancell’s Premises. MTN Irancell’s acceptance of the offer (if it does accept) shall be indicated by the Activation of the SIM Card as contemplated in 2.1 in which instance this Agreement shall become binding between MTN Irancell and the Subscriber whether or not the Subscriber was notified of the acceptance of the Offer. The Subscriber hereby expressly dispenses with any requirement of notification of such acceptance.

2.3 If any SIM Card is supplied to the Subscriber and activated at any time pursuant to the execution of a further agreement between MTN Irancell and the Subscriber, which execution occurred subsequent to the execution of this Agreement, then such SIM Card shall be governed by the terms and conditions of such later agreement.

 

3. SUPPPLY OF SIM CARDS, INSTALLATION AND NETWORK SERVICES


3.1 MTN Irancell shall be liable to the subscribers to the extent of its technical capabilities and commercial considerations and it shall have no other obligations to the subscribers beyond this.

3.2 MTN Irancell shall utilise its best endeavours to promptly comply with any supply and/or delivery and/or installation requirements recorded in the Order, but shall not be liable to the Subscriber in the event that such supply and/or delivery and /or installation is delayed or cancelled, for whatsoever reason. MTN Irancell may in its discretion refer the Subscriber to a third party who may undertake the Installation in its own name and not as an agent of MTN Irancell.

3.3 The Subscriber shall be responsible for obtaining all necessary approvals and authorisations imposed by any competent authority and required for the purpose of any such supply and/or delivery and/or installation, and the Subscriber hereby indemnified MTN Irancell against any claim or liability suffered by MTN Irancell by reason of such approvals and authorisations not having been obtained.

3.4 All risk in and to SIM Cards supplied and delivered by MTN Irancell to the Subscriber shall pass to the Subscriber on delivery.

3.5 In case the SIM Card is damaged, lost or stolen, the Subscriber shall immediately inform Irancell of the facts and circumstances, as required. Otherwise the consequences resulting from any probable misuse of the SIM Card and the respective responsibilities shall rest upon the subscriber. MTN Irancell shall, as soon as reasonably possible following the Subscriber’s application, issue to the Subscriber a replacement SIM Card, and may in its discretion, require the Subscriber to effect payment of a reasonable charge in respect of the cost of issuing such replacement. Such loss, theft or damage of a SIM Card and/or the issue of a replacement SIM Card and/or the allocation of a new MSISDN for any reason, shall in no way be deemed to constitute a termination of this Agreement which shall continue to be of full force and effect.

3.6 In case SIM Card ownership is transferred to another person, the subscriber shall immediately inform Irancell, as required, and follow the Change of Ownership process. The Subscriber shall be responsible for all the costs related to the SIM Card as long as no Change of Ownership is notified. The new owner shall complete the related forms. In case it is proved that the SIM Card is transferred to a third party without complying with Change of Ownership regulations, Irancell is authorized to deactivate the SIM Card and no claims by the Subscriber is accepted in this respect.

3.7 The Subscriber hereby warrants and undertakes in favour of MTN Irancell that the Subscriber: -
3.7.1 shall not use or allow the Network Services to be used for any improper, immoral or unlawful purpose, or in any way which may cause injury or damage to persons or property or an impairment of or interruption to the Network or Network Services, respectively of MTN Irancell or any other operator ;

3.7.2 shall only use Terminal Equipment approved by MTN Irancell, and comply with all relevant legislation and regulations imposed by any competent authority and all directives issued by MTN Irancell relating to the use of Terminal Equipment, Network Services and SIM Cards;

3.7.3 recognises that no right, title or interest in the software, the MSISDN or the ICC contained in each SIM Card issued to the Subscriber vests in the Subscriber;

3.7.4 shall not by themselves, nor permit any third party to reverse engineer, recompile, modify or tamper with the software, the MSISDN or the ICC contained in, or pertaining to, any SIM Card.
3.8 The provision of any Value Added Services, the determination of any charges therefor or the withdrawal of such Value Added Services shall at all times be made by MTN Irancell in its sole discretion. In the event that MTN Irancell withdraws any Value Added Service for which a subscription fee is charged, no further subscription fee will be charged for the period after the withdrawal of the Value Added Service concerned. Where the Subscriber subscribes to a Package Option that includes the provision of Value Added Services free of charge, MTN Irancell shall be entitled, in its sole discretion and without notice of the Subscriber, to vary, discontinue or substitute any such Value Added Service without reducing any of the Monthly Service Charges or providing any refund, unless it determines in its sole discretion to do so.

3.9 Notwithstanding its Activation, the SIM Card shall be barred from international roaming and will only be unbarred for a specified period upon written request by the Subscriber which shall be submitted to MTN Irancell at least five (5) working days before the specified date of unbarring and in the form prescribed by MTN Irancell from time to time. MTN Irancell reserves the right to refuse to unbar the SIM Card as contemplated herein without furnishing reasons therefor and may, in its discretion, require the Subscriber to first provide a security deposit in the amount determined by MTN Irancell in its sole discretion before the SIM Card is unbarred.

3.10 MTN Irancell similarly reserves the right to bar the SIM Card from making international calls without furnishing reasons therefor if MTN Irancell is of the view that such facility is being abused or if MTN Irancell fels that such action is justified.

3.11 Immediately upon learning about any offense or crime regarding unauthorized telecom and cyber communications using the SIM Card, the Subscriber shall immediately inform Irancell of the incident, otherwise the consequences shall rest upon the Subscriber.
 

4. CHARGES


4.1. In consideration for the provision of the Network Services, SIM Cards and any other products and/or services supplied by MTN Irancell to the Subscriber, the Subscriber shall effect payment to MTN Irancell of the applicable Charges, as detailed in the Price List, whether or not the Network Services have been, or are being utilised by the Subscriber.

4.2. MTN Irancell may, on written notice to the Subscriber, vary any Charges, either in whole or in part, with effect from the date specified in such notice.

4.3. Unless otherwise agreed to by MTN Irancell in writing, the Subscriber shall effect payment to MTN Irancell: -
4.3.1. for the supply and delivery of Terminal Equipment and/or SIM Cards in full, on delivery and against presentation of an invoice;

4.3.2. of Monthly Service, if applicable, monthly in advance, and of all other Charges, monthly in arrears, in either event in full, within 21 (TWENTY ONE) days of the date of the relevant bill referred to in 4.7;

at MTN Irancell's Premises or at the premises of MTN Irancell’s bankers as directed by MTN Irancell from time to time. Where payment is made by the Subscriber through a debit order, other electronic means or any other intermediary, the Subscriber's bankers or such other intermediaries shall act as the Subscriber's agents and the Subscriber shall have discharged its obligations only upon payment being received by MTN Irancell at MTN Irancell's Premises or by the bankers of MTN Irancell and such payment has been identified by MTN Irancell as the Subscriber’s payment for the relevant Subscriber’s Account.

4.4. Notwithstanding the provisions of Clause 4.3, MTN Irancell may at any time on reasonable written notice to the Subscriber vary its invoicing and payment procedures and requirements.

4.5. In the event that MTN Irancell requires payment for the services provided to the Subscriber to be made by debit order, the Subscriber will commit a breach of this Agreement if the Subscriber: -

4.5.1. cancels such debit order without the prior written consent of MTN Irancell;

4.5.2. changes his banking details upon which the debit order relies, without giving MTN Irancell prior notification of such change and providing MTN Irancell with the Subscriber’s new banking details.
4.6. Notwithstanding the banking details contained in the Schedule, the Subscriber hereby authorises MTN Irancell to debit any bank account held by the Subscriber for any amounts owed by the Subscriber to MTN Irancell in terms of this Agreement.

4.7. The subscriber shall collect his/her monthly statement (‘bill”) at the collection point indicated to the subscriber on the date of submission of an Order and/or any alternative location which MTN Irancell may designate from time to time upon notice in the current bill or such other medium chosen by MTN Irancell. It shall be the duty of the Subscriber to check the bill in order to ensure that the contents thereof are correct. The Subscriber may request an itemized bill, subject to payment of the applicable Charge therefor. Unless a query is raised in respect of the contents of a bill within 30 days from the date thereof, the contents thereof shall be deemed to be correct.

4.8. Any migration from one Package Option to another, within the Pay Monthly billing system, shall for the duration of this Agreement be subject to MTN Irancell's approval in its sole discretion and MTN Irancell shall be entitled to levy a migration and/or administration fee for such migration, provided that such fee does not exceed the amount approved or fixed by the responsible Regulatory Authority from time to time. In addition any migration or upgrade applied for by the Subscriber shall be dealt with in accordance with MTN Irancell’s policies and procedures from time to time.

4.9. Subject to any contrary provisions of the Price List from time to time:
4.9.1 local, national and inclusive minutes are calculated and charged in one of the following ways, namely, in units of 60 seconds (per minute) or any part thereof; OR
per second. Subject to the provisions of Clause 4.8, the pre paid and post paid Subscriber shall have the right to choose his/her preferred Package Option when purchasing Network Services;

4.9.2 international calls are calculated and charged in one of the following ways, namely, in units of 60 seconds (per minute) or any part thereof; OR
per second. Subject to the provisions of Clause 4.8, pre paid and post paid Subscribers shall have the option to exercise the right to chose their preferred Package Option, however, despite opting for a per second billing, a post paid Subscriber will have his/her international calls charged and calculated on a per minute basis.

 

5. SUSPENSION


5.1. MTN Irancell may at any time, without notice to the Subscriber and in any manner whatsoever, suspend the Subscriber's access to the Network Services in the event that:
5.1.1. any modification, maintenance or remedial work is required to be undertaken, pertaining in any manner whatsoever, to the Network Services or the Network;

5.1.2 the Subscriber fails to perform any of his obligations, or breaches any terms of this Agreement;

5.1.3 the Subscriber at any time exceeds the credit limit which MTN Irancell, in its absolute discretion, may set for and notify the Subscriber of, from time to time.
5.2. In case of any offense or misuse of the SIM Card by the Subscriber, Irancell may suspend the line without prior notification to the Subscriber. If the offense is ascertained, Irancell may, at its own discretion, deactivate the SIM Card permanently.
 
5.3. MTN Irancell reserves the right to require the Subscriber to effect payment of any applicable reconnection Charge pursuant to the restoration of Network Services suspended in the circumstances contemplated in Clauses 5.1.2. and 5.1.3.

5.4. Notwithstanding the suspension contemplated in clause 5.1, the period of operation of the agreement shall not be interrupted. Unless otherwise agreed to by MTN Irancell in writing, the Subscriber shall still be liable for the Monthly Service Charges during any such period of suspension.

 

6. LIMITATION OF LIABILITY


Without detracting from any of the other provisions of this Agreement, MTN Irancell shall not be liable to the Subscriber for any loss or damage suffered by the Subscriber on account of any negligent act or omission on the part of MTN Irancell, its employees or its agents, whether same is direct or consequential, in the event that: -

6.1. MTN Irancell fails for any reason whatsoever to supply and/or deliver any Terminal Equipment or SIM Cards, either on the required date, or at all; and/or

6.2. The Network Services are interrupted, suspended or terminated, for whatsoever reason; and/or

6.3. MTN Irancell fails to suspend the provision of the Network Services to the Subscriber in order to limit the Usage Charges notwithstanding request therefor;

 

7. BREACH


7.1. In the event that the Subscriber breaches any term of this Agreement, or any warranty given by him hereunder, or fails to fulfill any obligation resting upon him, including a failure to pay any amount owing to MTN Irancell on due date, then without prejudice to MTN Irancell's rights, MTN Irancell may forthwith and without notice to the Subscriber, either terminate this Agreement, or call for specific performance of all the Subscriber's obligations and immediate payment of all sums of money owing by the Subscriber, whether or not then due, in either event without prejudice to MTN Irancell's right to seek such damages as it may have suffered by reason of such breach or failure. Notwithstanding the aforegoing and pending MTN Irancell's election in terms of this clause, MTN Irancell shall not be obliged to perform any of its obligations under this Agreement and the Subscriber shall remain liable for the payment of all amounts owing by the Subscriber in terms of this Agreement, whether or not such amounts are then due.

7.2. MTN Irancell shall be entitled, forthwith and without notice, to terminate this Agreement in the event that the Subscriber is sequestrated, liquidated, or placed under judicial management, whether provisionally or finally, and whether voluntarily or compulsory.

7.3. Without detracting from any of the other provisions of this Clause 7, in the event of the Subscriber breaching any provisions of this Agreement or the Subscriber prematurely terminating this Agreement and MTN Irancell electing to cancel same, the Subscriber shall be liable to effect payment to MTN Irancell of all the Monthly Service Charges which would have been payable to MTN Irancell in respect of the remainder of the Initial Period or Renewal Period (whichever is applicable) of this Agreement.

7.4. The Subscriber will be entitled to refer any dispute between itself and MTN Irancell relating to the availability of the Network Services, to any Telecommunications Representative who may be appointed as such by the Regulatory Authority, or any successor thereof.

 

8. GENERAL


8.1 In the event of the Subscriber failing to effect payment of any amount owing by them to MTN Irancell on due date then, without derogating from MTN Irancell’s right in terms of Clause 7, the Subscriber shall be liable to pay a penalty of two (2) percent per month.

8.2 All prices and charges set out in this Agreement and any Price List are exclusive of Tax whatsoever, (be it general sales, service, contribution and/or any other applicable tax or duty), the liability for which shall vest with the Subscriber.

8.3 The rights and obligations of the Subscriber in terms of this Agreement may not be ceded or delegated to any third party. MTN Irancell’s rights and obligations in terms of this agreement may be ceded and delegated by it to any other party on written notice to the Subscriber.

8.4 MTN Irancell may change the terms and conditions of this Agreement as a result of changes in taxes, laws, regulations, the terms and conditions of the Licence or any circumstances or events similar to the aforesaid. MTN Irancell shall notify the Subscriber of any changes as contemplated herein in writing.

8.5 This document contains the entire agreement between the Parties regarding the matters contained herein and no other warranties, undertakings and/or representations have been made by MTN Irancell or any dealer or purported agent of MTN Irancell.

8.6 No indulgence, leniency or extension of time, which MTN Irancell may show to the Subscriber, shall in any way prejudice MTN Irancell or preclude MTN Irancell from exercising any of its rights in the future.

8.7 This Agreement and all matters or disputes arising therefrom or incidental thereto shall be governed and construed in accordance with the laws of the Islamic Republic of Iran.

8.8 The Subscriber, by their acceptance of this Agreement and/or their usage of the Network Services: (a) warrants that the information and documents given to MTN Irancell are true and correct; and (b) consents to the jurisdiction of the courts of Iran in relation to any actions or proceedings instituted against the Subscriber in terms of, or arising out of the provisions of this Agreement, provided that MTN Irancell, in its sole and absolute discretion shall be entitled to institute any such actions or proceedings, in the High Court of Iran possessed of the requisite jurisdiction.

8.9 A certificate under the hand of any manager of MTN Irancell certifying the sum of any amount owing by the Subscriber to MTN Irancell shall be prima facie proof of its contents and sufficient proof for the purposes of enabling MTN Irancell to obtain any judgement or order against the Subscriber.

8.10 If any term, condition, agreement, requirement or provision contained in this Agreement is held by any court having jurisdiction to be unenforceable, illegal, void or contrary to public policy, such term, condition, agreement, requirement or provision shall be of no effect whatsoever upon the binding force or effectiveness of any of the remainder of this Agreement, it being the intention and declaration of the parties that had they or either of them known of such unenforceability, illegality, invalidity or that the provision was contrary to public policy, they would have entered into a contract, containing all other terms and conditions set out in this Agreement.

8.11 The Subscriber hereby authorises MTN Irancell to disclose the Subscriber’s name, address, personal details and any information accessible through the Network to any party, whenever it is reasonably necessary for MTN Irancell to (a) properly perform its functions in terms of this Agreement and/or the Licence; or (b) protect its interests, or (c) for the purpose of providing emergency Network Services to the Subscriber, or directory or repair services and information to Network users generally. Subject to the above, MTN Irancell shall only disclose the Subscriber’s confidential information in accordance with MTN Irancell’s Privacy Policy.

8.12 Each of the Parties chooses, as their domicilium citandi et executandi (“domicilium”) for the purposes of the giving of any notice, the serving of any process and for any purposes arising from this Agreement, their respective addresses set forth in Clause 1 and/or the Schedule.

8.13 Each of the Parties shall be entitled from time to time, by written notice to the other to vary its domicilium to any other address within the Islamic Republic of Iran which is not a post office box or poste restante.

8.14 No alteration, cancellation or variation, which the Subscriber may be entitled to make to the Schedule, shall be of any force or effect unless 30 days written notice of such alteration, cancellation or variation is given to MTN Irancell.

8.15 Any notice given by a Party to the other (“the addressee”) which:
8.15.1 is delivered by hand during the normal business hours of the addressee at the addressee’s domicilium for the time being shall be presumed, unless the contrary is proved by the addressee, to have been received by the addressee at the time of delivery: provided that if the delivery is effected by or on behalf of the Subscriber at MTN Irancell’s domicilium, the presumption shall only apply as regards MTN Irancell if proof of receipt is obtained by the party effecting such delivery and duly produced as may be required to prove such delivery;

8.15.2 is sent by courier to the addressee at the addressee’s domicilium for the time being shall be presumed, unless the contrary is proved by the addressee, to have been received by the addressee on the seventh day after the date of dispatch.
 
8.16 Where, in terms of this Agreement any communication is required to be in writing, the term “writing” shall include communications by telex and/or facsimile. Communication by telex and/or facsimile shall, unless the contrary is proved by the addressee, be deemed to have been received by the addressee 48 (FORTY EIGHT) hours after the time transmission.

8.17 In the event of MTN Irancell instituting legal proceedings against the Subscriber to recover amounts due to MTN Irancell or take any other legal steps arising out of this Agreement, the Subscriber shall be liable for legal costs on the scale as between attorney and own client and/or any collection costs.

8.18 MTN Irancell shall be entitled to change any banking, and/or administration fees in the event of the Subscriber defaulting in its payment or any other of its obligations as set out in the Agreement.

 

9. DEPOSITS


9.1 In the event that MTN Irancell requires me to provide a deposit as security for the payment of Charges, which include Connection Charges, Monthly Service Charges, Usage Charges and any other charges pertaining to the provision of the Network Services, SIM Cards and any other services howsoever described, by MTN Irancell to me then, the terms set out in 2 & 3 shall apply in relation to such deposits.

9.2 Any amount held by MTN Irancell, on my behalf, as a deposit for the purposes referred to in 9.1 above, shall not attract any interest and accordingly MTN Irancell shall not be liable to me for any interest payments on the amounts so held.

9.3 MTN Irancell shall, in its discretion, be entitled to retain the deposit for as long as it deems it necessary as security for the fulfillment of my obligations as set out in 9 above. Accordingly, I shall not be entitled to require the return of such deposit from MTN Irancell unless the Agreement has terminated and MTN Irancell shall be entitled to offset against the deposit all and any amounts which are due by me to MTN Irancell and, in the event that any balance remains from the deposit, MTN Irancell shall then be obliged to pay such balance over to me not earlier than the month subsequent to the termination of the Agreement. MTN Irancell shall be entitled to make this payment in any manner determined by it form time to time.

 

10. Migration from Pre-paid to Post-paid (contract) service


10.1 In the event that a Subscriber applies to change the method by which he/she pays for services delivered by MTN Irancell, more specifically if a Subscriber applies to change from MTN Irancell’s prepaid billing system to the postpaid billing system and MTN Irancell accepts the Subscriber's application, he/she shall do so subject to the following conditions:
10.1.1 that a migration fee, as determined by MTN Irancell from time to time, shall be payable by the Subscriber;

10.1.2 that MTN Irancell shall be authorised to charge such fee to the Subscriber's above detailed account;

10.1.3 that any Value Added Services which the Subscriber wishes to retain from its previous package shall, unless otherwise agreed to in writing, be subject to the tariff applicable to the new package;

10.1.4 that the Subscriber shall utilise all Airtime and/or remaining days of the Access Period applicable prior to migration failing which such remaining Airtime or Access Period shall be forfeited and MTN Irancell shall not be obliged to compensate the Subscriber therefor;

10.1.5 that all information supplied by the Subscriber on registration, including the SIM and MSISDN number, is warranted by the Subscriber to be true and correct. If, for any reason, the information provided by the subscriber is incorrect, the Subscriber shall be liable for all costs and charges incurred by MTN Irancell in rectifying the situation and the Subscriber authorizes MTN Irancell to debit such amounts to the Subscriber’s account. In addition, the Subscriber hereby indemnifies MTN Irancell against any charges, damages and/or actions incurred by or brought against MTN Irancell following MTN Irancell’s use of such information.
10.2 The Subscriber further warrants that he/she has the authority to complete this application in relation to such SIM Card and MSISDN number.

 

11. De-activation


MTN Irancell shall be entitled to de-activate the Subscriber’s Sim card and/or cancel the allocated MSISDN number in the event that the Subscriber fails to connect their Sim Card to the Network within ninety (90) days of purchase or fails to make a call (other than a Free call) for a period of ninety (90) consecutive days;
 

MMS Terms and Conditions and the Undertakings on the Subscriber

 
I, the undersigned, as a Subscriber to Irancell, do hereby undertake to abide by and respect the terms and conditions stipulated hereunder to make use of Irancell MMS, and not to act in breach of them under any circumstances. I understand that any breach of such terms and conditions may result in prosecution, by law.
 
Terms and Conditions:
  • The Subscriber acknowledges that all information given regarding their personal particulars and address, at the request for using MMS, is fully true and correct to the best of their ability. The Subscriber is further bound to inform Irancell in case of any change in the address they gave to Irancell, in no more than ten (10) days after such a change.
  • The Subscriber shall not use any alias or fictitious name in the documents submitted to Irancell.
  • In case the SIM card is transferred, sold or stolen, the Subscriber shall make reasonable endeavors go through the legal formalities for the transferred, sold or stolen SIM card (according to the applicable rules and regulations). Otherwise, the entire liability of misuse of the SIM card and/or the services shall be borne by Subscriber.
  • The Subscriber shall not use the MMS for bulk publishing of commercial, political, cultural or social advertisements which is solely possible once a bulk MMS agreement is entered into by Irancell in due compliance with the applicable rules and regulations of Iran. If the Subscriber does not wish to receive any unsolicited advertisement MMS, they shall inform Irancell.
  • The Subscriber shall be bound by law which strictly forbids to use the MMS to send messages containing classified information, information against national security, information contradicting the privacy, any defamatory information against the natural persons and/or legal entities, messages containing virus, malware, games containing virus, worms or spasm, or obscene, indecent, threatening and messages against the Islamic precepts and/or the public moral of Iranian people, messages detrimental to the mental, economic and social security of natural persons and/or legal entities. Whether or not the Subscriber has acted in breach of the said statutory limitations shall be determined by the competent authorities.


• In the interest of Islamic values and to protect and safeguard the privacy of the public, the Subscriber is asked to inform Irancell, within no more than 48 hours upon receipt of any unsolicited and unauthorized MMS, in particulars the ones with the attributes specified above. To this end, the Subscriber may send a “Violation Report” to “2117”, using Irancell SIM cards, at no cost.

Irancell requires the Subscriber to complete the registration form and submit a valid copy of their National ID Card, together with Irancell MSISDN.
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