Agreement on Post-Paid Mobile Phone Subscription

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Definitions

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

1.1 “Irancell”, means Irancell Telecommunications Services Company which is authorized to provide services under License Agreement No. 9604/10 issued by Communications Regulatory Authority (CRA). The trade name of this company is “Irancell Telecommunications Services Company”, hereinafter referred to as “Irancell”, and its headquarters is based in No. 5, Alidoost Alley, Ghaderi St., Zandi St., Panahi Nia Blvd., Heravi Sq., Tehran.

1.2 “Subscriber”, means any natural person or legal entity that is authorized to connect to and utilize the Licensed Network Services as per the Agreement made with Irancell and against payment of fees and is billed.

1.3 “Registration”, means the process by which the applicant concludes an agreement and registers his/her ID card details and National ID number (passport details for foreign nationals) with the customer service centers which are party to contract with or belong to Irancell and establishes his/her identity by submitting legal documents.

1.4 “Registration Form”, means the form which is filled in by the Subscriber or his/her legal representative during Registration. This Form is directly made available to applicants by Irancell or its dealers.

1.5 “Irancell Office”, means Irancell's headquarters whose address has been mentioned in Article 1.1 and all Irancell's service centers in other cities whose names and addresses are listed in Irancell's website. It is to be noted that this term shall not include any of Irancell's agencies, authorized dealers, or any subsidiary to Irancell or other companies.

1.6 “Agreement”, means the terms and conditions under the present document together with any other document completed by and between the Subscriber and Irancell relating to the Subscriber’s subscription to the Network and/or the Network Services.

1.7 “Access”, means the ability of the Subscriber to connect to the Network and use any services offered by Irancell.

1.8 “Access Period”, means each billing period during which the Subscriber is authorized to access the Network as long as the Agreement is in place and the Subscriber fulfills his/her obligations.

1.9 “Usage Limit”, means the maximum amount used for controlling the usage of postpaid mobile phones. The minimum amount is determined as per Table 1 under Resolution No. 3 passed by CRC in its 207th meeting. Subscriber may increase the said limit, as the case may be, by paying an amount as “payment guarantee” in accordance with Article 10 of the present Agreement.

1.10 “SIM Card Pack”, means the package containing a SIM Card which the Subscriber will receive upon purchase.

1.11 “Basic Voice Services”, means telecommunications services whereby real-time two-way speech conversation is conducted by means of Irancell Network, including Call Wait/Hold and Call Forwarding services.

1.12 “Telex Service”, means a telecommunications service consisting in conveyance of telex messages.

1.13 “Value Added Services/VAS”, means any telecommunications services except Basic Voice Services, Telex Service and telegraph services which are made available to public and are part of Network Services, differing in that they are charged with extra fees to be made available. Irancell is free to decide over provision or non-provision of such services.

1.14 “Network Services” mean the Licensed Network Services, including Value Added Services, made accessible to the Subscriber by MTN IRANCELL based on the terms and conditions of the present Agreement.

1.15 “Activation” means the procedure in which Irancell allows its Subscribers to use the Licensed Services based on their selected tariff plan and the present Agreement. Once the Service is activated, the Subscriber will be able to establish communication and make use of the Services under the Network.

1.16 “CRA” means the Communications Regulatory Authority.

1.17 “CRC” means the Communications Regulatory Commission

1.18 “SIM Card” means a Subscriber Identity Module incorporating an MSISDN (Mobile Number) which, when activated by MTN IRANCELL, provides the Subscriber with Access to the Network Services under this Agreement.

1.19 “Network” means the communication infrastructure used by Irancell for provision of the Licensed Services.

1.20 “MSISDN” means the Mobile Station International Subscriber Directory Number (otherwise known as the mobile telephone number) programmed into each SIM Card; MSISDNs are amongst the public properties and may not be transferred to nor owned by individuals, registration and activation of which only entitles the Subscribers to use them.

1.21 “Tariff Plan” means each of the Tariff Plans based on which the Network Services are provided to the Subscribers. These Plans shall be calculated as per the Services Tarrifs, Value Added Services and other variables notified by the CRA and other competent authorities. They may be changed and adjusted any time on the basis of the notified resolutions.

1.22 “Charge(s)”, means the amount Irancell receives from its Subscribers based on CRC approved tariffs for providing Network Services to them.

1.23 “Connection Fee” means the amount Irancell receives from its Subscribers based on CRC approved tariffs for activating the Subscriber’s account on its Network. This amount is received as the initial fee based on which the Subscriber will be connected to Irancell Network. The mentioned amount will not be refunded under any circumstances whatsoever, including SIM Card Cancellation or Deregistration

1.24 “A Month” means a period which commences at 00:00 on the very first day of a month (Jalaali calender) and shall endure until 00:00 on the same day of the following month.

1.25 “Soft Suspension”: means a process through which the Subscriber will no longer be allowed to establish connection/ send SMSs (except for voice calls to the National Emergency Services). The Subscriber will only be able to receive messages and calls, accordingly.

1.26 “Hard Suspension”: means a process through which the Subscriber will no longer be allowed to make use of any SIM Card related Services (except for voice calls to the National Emergency Services).

1.27 “Deregistration”: Means the process whereby the subscriber is denied access to the network, with its SIM Card and MSISDN being deregistered. Thereby, the Licensee is entitled to transfer the vacant MSISDN to others.

1.28 “MNP/ (Mobile Number Portability)”: Means the process that allows a subscriber to switch over to another operator while keeping its existing mobile phone number.

1.29 “Fixed Service Charge” means the monthly fee charged on the subscriber by Irancell, for access to network services and using services, in accordance with related resolutions.

1.30 “Billing Cycle” Means two month cycles at the end of which Irancell issues the bill based on the service fees and submits the same to the subscriber. The submitting of the bill will be done in a method chosen by the subscriber at the time of registration or during the service subscription period. The bill should be sent to the subscriber in the method chosen by them and shall also indicate the debts of the subscriber in details.

1.31 “Keeping Informed”: Informing the subscriber about increasing or decreasing of credit, credit balance, soft suspension, hard suspension, credit status, completion of registration, SIM Card deregistration and other necessary notifications, by using phone, email, SMS or other communication means, free of any charge. Completion of either of the foregoing indicates the notice is duly given to the subscriber.

1.32 “Suspension or hard suspension of the SIM Card”: Means the process by which the subscriber’s SIM Card is denied access to any services except voice calls to national emergency services.

1.33 “Deposit”: Means the amount paid by the subscriber to Irancell in order to ensure the services contemplated under this Agreement shall not be stopped.

1.34 “Deposit-Free Postpaid SIM Card” Means the SIM Card which its subscriber only pays the connection fee, taxes and duties at registration, with no deposit being put.

1.35 “Postpaid SIM Card with Deposit”: Means the SIM Card which its subscriber, in accordance with provisions under article 10 hereunder, on top of the connection fee, taxes and duties, makes a deposit available to Irancell to prevent from withdrawal of service delivery.

1.36 ”Number Range Holder Operator”: Means the Operator with whom the subscriber registers for the first time to receive mobile phone services and to whom the subscriber has submitted the required ID cards and registration forms to receive a subscription document.

1.37 "Recipient Operator": The operator that another operator's subscriber wishes to use its services without changing mobile phone number.

1.38 Payment Due Date: Means the period during which the bills shall be paid. This period shall not be less than 15 days as of issuance of the bills.

  1. Subject Matter:

Includes providing Network and Mobile Telecommunications Services in accordance with the terms and conditions hereunder and any binding regulations which may apply to this Agreement from time to time.

  1. Term of the Agreement:

3.1 This Agreement shall commence on the date of completion of registration process and signing the related forms by the subscriber. Also this Agreement shall be implemented in compliance with provisions under Article 7 (Suspension and Termination) and Article 9 (Breach). The provisions of this agreement shall be binding on both Parties unless the Agreement terminated in case of the followings:

3.1.1 Termination by the Subscriber

3.1.2 Due to the expiry of Irancell's License Agreement.

3.2 Any request raised by the subscriber before Irancell service centers shall be considered as a request from Irancell, to be assessed by the same.

Note: If the subscriber receives a SIM Card upon conclusion of another agreement, the terms and conditions thereunder shall apply, whether that SIM Card is or will be activated.

  1. Price and Payment 

4.1 the Subscriber receives the bill in one of the methods, at his/her option in accordance with Article 30.1 hereunder: The Subscriber shall check the bill in order to make sure of its accuracy. Also the Subscriber may request for issuance of an itemized bill. In case no objection is raised to the content of the bill within 3 cycles after its issuance, the content shall be considered accurate.

4.2 The Subscriber shall pay, based on the tariffs fixed in accordance with CRC resolutions, the costs of SIM Card and Network Services and any of the products or services provided by Irancell, including the monthly subscription fee of the services, whether or not such services are used by the Subscriber.

Note: Subject to sending a notice to the subscribers, Irancell may change the tariffs in accordance with CRC resolutions, with effect from the date specified in such notice.

4.3 The Subscriber shall pay the amount of the issued bills within the time specified therein. Otherwise, upon a proper notice to the Subscriber the following will apply: A. In the event of either of the instances mentioned in Notes 1 and 2 of this Clause, the SIM Card of the Subscriber will be Soft-Suspended.

  1. Two weeks after Soft-Suspension and failure by Subscriber to pay the bill, Irancell may Hard- Suspend the Subscriber’s SIMCard.
  2. C) In the event the subscriber fails to pay the debts, Irancell may, upon sending a one-year written notice to the subscriber for vacation of the MSISDN and then will initiate the legal actions to recover its claims from the subscriber, will vacate the MSISDN and will also deregister the same.

Note 1: In case usage of the deposit-free SIM card reaches up to 80% of the usage limit, Irancell will inform the subscriber of its usage hitting the said limit and will give the subscriber a 24- hour period to pay its debts. If the SIM card usage reaches 100% of the usage limit after notification to the subscriber by Irancell, then Irancell will be permitted to soft-suspend the subscriber SIM card for 2 weeks and later on further if the subscriber continues not to pay its debts, Irancell will hard-suspend the SIM card upon notification to the subscriber. It’s oblivious that in case the usage happens to be less than 100% of the usage limit, the subscriber will be permitted to pay its debts to Irancell by the end of billing cycle and before the set periods come to an end.

Note 2: In case usage of the SIM card with deposit reaches the usage limit, Irancell will inform the subscriber of its usage hitting the said limit and will give the subscriber a 72-hour period to pay its debts. If the SIM card usage reaches up to the deposit value, after notification to the subscriber by Irancell, then Irancell will be permitted to soft-suspend the subscriber SIM card for 2 weeks and later on further if the subscriber continues to fail to pay its debts, Irancell will hard-suspend the SIM card upon notification to the subscriber. It’s oblivious that in case the usage happens to be less than 100% of the usage limit, the subscriber will be permitted to pay its debts to Irancell by the end of billing cycle and before the set periods come to an end.

Note 3: In case payment for two consecutive bills is not made, Irancell may Soft-Suspend the SIM Card.

Note 4: Irancell may change the procedure and conditions of issuing bills and its payment after notifying the Subscriber.

Note 5: SIM Cards reactivation is contingent upon paying the related charges by the Subscriber based on the approved tariffs.

Note 6: If the Subscriber makes any mistake in paying the bills or additional amounts to Irancell account, the latter amount shall not be refunded. However, the said amount will be added to the credit account of the Subscriber and calculated in the future bill/s.

Note 7: Where and when the subscriber is charged more than usual to receive the MSISDN by the reason that it is among the golden numbers and sold to the subscriber via tender, Irancell will keep the subscribe MSISDN for two years on top of the one-year period contemplated under clause-C. Once the said period comes to an end but the subscriber still continues not pay the debts, then Irancell will deduct its claims from the value of the golden number fixed by the official judiciary expert and will give back the remaining amount to the subscriber.

Note 8: As regards the MSISDN of the non-governmental legal entities, which have been used and active for 10 years or more, the said MSISDN will be kept for still 1 year more than the duration stipulated under clause-C.

Note 9: If the deregistered subscriber appears before Irancell, Irancell will set off the subscriber’s debts with the deposit furnished by the subscriber and will restitute the remaining amount to the subscriber.

4.4 The tariffs contemplated in this document have been fixed in accordance with the provisions approved by CRC.

Note: The Subscriber, on top of the approved tariffs, is bound to pay all legal duties and taxes which are applicable to the services at any time.

  1. Irancell Obligations

5.1 Irancell may, at its own discretion and subject to CRA regulations and instruction, provide VAS and set tariffs in accordance with CRC resolutions, or terminate rendering such services. In case Irancell terminates offering VAS for which it receives subscription fee, then no further charges would be received from the subscriber for these services. Where the subscriber uses a pack which provides free VAS, Irancell may at its own discretion and without notifying the subscriber vary, discontinue or substitute any of such VAS without reducing any of the monthly service charges or providing any refund.

5.2 Irancell undertakes to provide its services in the same order it is announced in its advertisements and marketing.

5.3 Irancell is bound not to prevent or restrict the Subscriber's access to the services herein except where the laws and regulations set otherwise.

Note 1: MNP will be established for the Subscriber under the condition that the cost of following services is refunded. These services are gift SIMs, SIM Cards with promotion plans and special conditions, authorized free services, SIM Cards with debt or free swapped SIM Cards as well as equipment provided to the Subscribers for free or with discount. Irancell undertakes to inform the Subscriber regarding the cost of the mentioned services and the details influencing the costs and provide the services once the Subscriber approves such costs at the time of concluding the purchase agreement.

Note 2: The Subscriber whose number is ported may transfer his/her subscription to another person only via base operator, upon settlement of accounts with the receiving operator.

5.4 Irancell shall inform the Subscriber regarding any probable damage that may be inflicted to the Subscriber from the services herein and also provide preventive measures to raise their awareness. Otherwise, in addition its legal responsibilities, Irancell shall compensate any damage incurred to the Subscriber.

5.5 Irancell undertakes to ensure confidentiality of the subscribers' communications, information and privacy and also it shall inform the Subscriber regarding any probable damage or threat in order to protect their personal information with regard to ITS services provided.

5.6 Irancell is bound to prevent any unauthorized access to subscribers' communications and personal information that may occur through monitoring of services' functions and it shall obey the relevant rules and regulations in this regard.

5.7 Irancell shall provide the Services under this Agreement on a 24/7 basis and shall also provide support services for its subscribers 24 hours a day, 7 days a week as well as on holidays through 700 from Irancell SIM Card or 09377000000 from other lines and shall be accountable in respect of any complaints and problems.

Note: Irancell shall communicate the Subscriber through 09351000000 or via SMS with IRANCELL name.

5.8 Irancell shall be liable to the subscribers to the extent of its License obligations and it shall have no other obligations to the subscribers beyond this.

  1. Subscriber's obligations

6.1 The Subscriber undertakes to choose the services with full awareness regarding the service costs, payment methods and network coverage and observe the provisions under the Agreement.

6.2 The Subscriber is not authorized to transfer the obligations and services hereunder partially or wholly to others. Since services are only possible to be provided for the persons to whose name the SIM cards are registered, The subscriber undertake to register the SIM card based on the instructions provided by Irancell and furnish all the documents needed for identification. In case the information presented for registration are false or inaccurate, the SIM Card will be deactivated or suspended as the case maybe.

Note: If the Subscriber decides to transfer the SIM Card to a third party, all Irancell's regulations in this regard should be observed. 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 determined by Irancell. Before the completion of new Registration process, the Subscriber shall remain liable for all the Charges pertaining to such SIM Card as well as any related legal and criminal consequences. The transferee (i.e. new SIM card owner) shall record its particulars in the related forms and submit its identification documents. In case it is proved that the SIMCard is transferred to a third party without observing the transfer regulations, Irancell may deactivate the SIM Card, with the Subscriber having no rights to claim in this regard.

6.3 As the MSISDNs allocated to Subscribers are part of national resources, the Subscriber accepts and acknowledges that after termination of the Agreement he/she has no proprietary rights, ownership, or other rights against the MSISDN, ID, e-mail address and IDs provided by Irancell and cannot gain such rights through distribution, usage, etc. Likewise, the Subscriber retains no IP right or interest in connection with the software, the MSISDN and the international mobile subscriber identity (IMSI) of each SIM Card.

6.4 The Subscriber undertakes not to use Network Services for improper, immoral, or illegal purposes. It also undertake snot to use Network Services in a way to inflict damages on individuals or their properties, or cause any disturbance in Network or Network Services of Irancell or any other operator. In such a case, the Subscriber shall be solely responsible for all the subsequences resulting from this act. The owner shall be responsible for any consequences arising from misuse of provided lines and Services or for any actions in contradiction to the applicable rules and regulations.

6.5 The Subscriber undertakes not to use the SIM card for commercial purposes and for sending bulk SMSs. In case, the Subscriber intends to use the SIM card for commercial purposes including but not limited to sending bulk SMSs, it shall submit a request to Irancell or any of the subordinate companies and apply for commercial panels.

Note: In case a breach in respect of any of the services rendered to the Subscriber is established by the competent authorities, the Operator may terminate the present Agreement or limit the scope thereof and/or the previous agreement/s entered into in relation to the services and the SIM cards.

6.6 The Subscriber hereby undertake to observe the applicable laws and regulations of the Islamic Republic of Iran related to the subject matter of the Agreement and the instructions issued and communicated by the related authorities through Irancell portal or other relevant channels.

6.7 In case any change is made in the contact details of Subscriber (including telephone number and/or email address), s/he shall inform Irancell of such changes. Failing which, s/he shall be responsible for any problem resulted from not receiving the information duly communicated by Irancell.

6.8 The Subscriber shall only use terminal equipment (SIM Card compatible devices) approved by CRA and/or National Standards Organization and comply with all relevant legislation and regulations imposed by any competent authority as well as the directives issued by Irancell with regard to the use of terminal equipment, Network Services and SIM Cards. Irancell shall not be held liable for any defect or problem resulted from using non-standard or faulty handset. Such fact has also been communicated prior to conclusion of the Agreement.

6.9 All the requests by the Subscriber for Agreement termination, change of name, contact number, address and the like shall be sent to Irancell through Irancell service centers.

6.10 International roaming service is active by default on all Irancell SIM Cards and can be used if the adequate airtime is available. Roaming service will be provided by Irancell in case there is an agreement in place with the country of travel destination, with Irancell having no obligation to provide such services at all countries. For having access to the list of countries party to contract with Irancell and the rate of roaming tariffs, the Subscribers may visit Irancell website at www.irancell.ir.

6.11 Irancell similarly reserves the right to bar a SIM Card from making international calls or sending international SMS, upon informing the customer, if it is of the view that international roaming service is being abused through that SIM Card.

6.12 Traffic shall be transferred only through the authorized channels and solely by Irancell using the infrastructure network; therefore, Subscribers are not allowed to transfer traffic through any other route. In case of detecting any unauthorized transferred traffic, Subscriber’s SIM Card will be suspended and the perpetrator will be introduced to respective authorities, as the case may be.

Note: Subscriber shall inform Irancell immediately upon learning about any offense or crime regarding unauthorized telecom and cyber communications using his/her SIM Card; otherwise the consequences shall rest upon the Subscriber.

6.13 In case the SIM Card is damaged, lost or stolen, the Subscriber shall immediately and reasonably notify Irancell of the incident; otherwise the consequences resulting from any probable misuse of the SIM Card and the respective responsibilities shall rest upon the Subscriber. Until such notification, the Subscriber shall remain liable for all costs and charges pertaining to such SIM Card. Irancell shall, as soon as reasonably possible following the Subscriber’s request, issue a replacement SIM Card for the Subscriber who will be responsible to pay its cost as per CRC tariffs. Such loss, theft or damage of a SIM Card, the issue of a replacement SIM Card and/or allocation of a new MSISDN for any reason whatsoever, shall in no way be deemed to terminate this Agreement.

  1. Termination and Suspension:

7.1 In case of any of the following, Irancell may suspend Subscriber’s access to Network Services and/or terminate the Agreement:

7.1.1 When some measures are required to be taken for changing, maintaining or modifying the Network or Network services, in accordance with the provisions under the License Agreement;

7.1.2 When the Subscriber fails to perform any of his obligations or breaches any terms hereunder.

7.2 In case of any offense or misuse of the SIM Card by the Subscriber, Irancell may suspend the same. If the offense is ascertained, Irancell may deactivate the SIM Card as well.

7.3 In case Subscriber’s usage exceeds the specified limit at any time and the provisions under Paragraph C of Article 4.3 hereunder apply;

Note: Irancell may provide its Subscribers with a usage limit above that specified under Resolution No. 3 of CRC 207th Meeting. In such case, the Customer will be informed.

7.4 Notwithstanding the suspension contemplated in clause 7.1.1, implementation of the Agreement shall not be interrupted during its validity term. The Subscriber shall pay the monthly service charges during any such period of suspension.

  1. Breach:

In cases where the Subscriber breaches any of the conditions of this Agreement or resolutions of CRC, Irancell may, forthwith and without notice to the Subscriber, observe the respective

rules and regulations and suspend some or all of the services for a specific period of time, deregister the SIM Card, call for specific performance of all the Subscriber's obligations and payment of all his/her debts and ask for indemnification of incurred damages. It is noteworthy that the above will not prejudice Irancell’s other legal rights.

  1. General Conditions:

9.1 The Subscriber further warrants that he/she has the authority to complete this application in relation to such SIM Card and service request.

9.2 The rights and obligations of the Subscriber in terms of this Agreement shall not be ceded or delegated to any third party.

9.3 The present Agreement includes all the regulations that shall apply to the relationship of the Parties at the time of using a SIM Card. Moreover, the Subscriber admits and acknowledges that if new rules are drawn up (including CRC resolutions without limitation) or if alterations are made to the provisions under this Agreement, changes shall be binding on the Parties after being approved by CRA and notified to the Subscriber. Evidently, in such cases the Subscriber may decide to either continue or terminate the Agreement.

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

9.5 The terms and conditions of using Irancell SIM Cards as well as its implementation and all disputes arising from its interpretation and disputes arising therefrom shall be governed by the laws of the Islamic Republic of Iran and License Agreement.

9.6 By signing this Agreement and starting to use network services, the Subscriber (a) warrants that the information and documents provided to 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 as per the provisions of this Agreement.

9.7 Any document issued based on the latest information in Irancell billing system indicating the amount payable by the Subscriber to Irancell shall be the proof of Subscriber’s debt and sufficient proof for Irancell to obtain any judicial order or decree against the Subscriber.

9.8 If any term, condition, agreement, requirement or provision contained in this Agreement is held by any competent court to be unenforceable, illegal, void or contrary to public policy, it will be of no effect whatsoever upon the binding force of other provisions under this Agreement. In such cases, the Parties are deemed to have signed this Agreement without the said term, condition, agreement, requirement or provision.

9.9 Hereby the Subscriber authorizes Irancell to disclose to third parties the Subscriber's name, address, personal details and any other information available through the network, if it is requested by legal or judicial authorities or in the following cases: (a) to perform its obligations under this Agreement or the License Agreement; (b) to provide necessary network services to the Subscriber, or to provide directory, services and information related to network repair or to provide services to network users in general; provided that Irancell disclose the subscriber's confidential information solely upon observation of Privacy Policy.

9.10 The address stipulated in Article 1 hereunder or the Annexures are the Parties’ legal domicile used for sending any notification or documents related to this Agreement.

9.11 The Subscriber is entitled to change his/her address, upon sending a written notice to the other Party, to any other address other than a PO Box and post restante within the territory of the Islamic Republic of Iran.

9.12 The notices which are delivered in person during working hours of the addressee at the addressee’s domicile, shall be deemed to have been duly received at the time of delivery, unless the contrary is proved by the addressee. Should the Subscriber or his/her representative receive the notice at Irancell’s domicile, it shall be deemed to have been received at the time of delivery.

9.13 In the event that Irancell institutes legal proceedings against the Subscriber to recover the amounts payable by the Subscriber or take any other legal measures arising out of this Agreement, the Subscriber shall be liable for all related costs.

9.14 The Subscriber shall be responsible to pay any banking, civil or administration fees in the event of failure to pay the amounts or perform other obligations as set out under this Agreement.

9.15 The Subscriber may either report or follow up any complaint regarding network accessibility via subscribers’ communication channels including, but not limited to, Irancell Call Center or refer the issue to MICT Complaint System, CRA or the representative appointed by CRA.

  1. Deposit:

10.1 The Subscriber may from time to time, pay an amount (deposit) to prevent from disconnection of its SIM Card and to increase the usage of its SIM Card. In such a case, all the terms and conditions contemplated in the Agreement and the related regulations shall apply.

10.2 The deposit shall accrue no interest by reason of decreasing the value or any other reason.

10.3 The subscriber may take back the deposit by submitting a written request to Irancell. The deposit shall not be restituted unless all the debts of the subscriber are settled up, based on the most recent information inserted in the billing system of Irancell.

Note: The usage costs, among others, may be deducted from the deposit submitted by the subscriber.

  1. Rules and Regulations related to MMS

Subscriber undertakes to accept and do the following in order to use MMS:

  1. A) Complete the relevant part of the Registration form regarding MMS or fill in and submit the relevant form directly provided by Irancell or its dealers afterwards.
  2. B) Shall not use this service for mass commercial, political, cultural, and social advertising since such advertising shall only be possible after conclusion of an agreement with Irancell based on the current laws of the Islamic Republic of Iran.
  3. C) Shall not send MMSs which include the following contents and are illegal: classified information, information jeopardizing national security, information related to the others privacy or any message destructing or outraging the individuals (natural persons or legal entities), virus messages, malicious software, virus games, worms, pornography, obscene messages against Iranian/Islamic codes of behavior, intimidating messages or all messages endangering natural persons or legal entities' mental, economic and social security. In case of any breach in this regard, the Subscriber would be referred to the authorities as the case may be and the Service would be blocked for the Subscriber.