Customer Declaration:I, hereby undertake and commit, not to transfer/handover/sublet my Fiber to the User/Home (FTTU/FTTH) connection (even temporarily) to any person or third party who may attempt to use it for any lawful or unlawful activities as described in Terms and Conditions. If I do so, I shall be liable and fully responsible for all obligations under the applicable law and TRANSWORLD HOME shall not be responsible. Any unauthorized transfer or use of the connection shall allow TRANSWOLRD HOME to terminate my connection with immediate effect. I also hereby certify that the information provided in this Customer Agreement Form is true and correct to the best of my knowledge and belief. I have also read and agreed to the Terms and Conditions provided overleaf. I understand that the services provided by TRANSWORLD HOME shall not be used in contravention to applicable laws, rules, regulations and directives issued by the Government of Pakistan from time to time. In case the services are found to be used in violation of the applicable laws, rules, regulations and directives issued by the Government of Pakistan, TRANSWORLD HOME reserves the right and authority to terminate the Services with immediate effect and without any notice. I also hereby acknowledge that I will not use my Transworld Home connection for any commercial purposes. I understand that the violation of this can lead to termination of the internet connection and disconnection of my services without prior notice. This will not absolve me of my responsibility of clearing my unpaid dues.
- Payment received is neither refundable nor transferable (In accordance with clause 5 of this CAF).
- Ethernet cable up-to 10 meters per TV box will be provided free of cost. Additional cable will be charged at Rs.20+tax per meter.
- Fiber Optic cable up-to 50 meters per ONT will be provided free of cost. Additional cable will be charged at Rs.40+tax per meter.
Terms and Conditions
The following terms and conditions shall form an integral part of the Customer Agreement Form (‘CAF’) to be signed between Transworld Enterprise Services (Private) Limited (hereinafter referred to as “Transworld Home” which expression where the context permits shall include its successors-in-interest and permitted assigns) and the “Customer” (the “Agreement”). Transworld Home and the Customer shall collectively be referred to as the Parties and individually as the Party where applicable. The Customer is advised to read these terms and conditions carefully before signing the CAF for provision of services by Transworld Home:
- Term: This Agreement shall come into force on the day the Services are activated by Transworld Home.
- Rates and Charges: During the currency of this Agreement, the Customer agrees to pay in advance the applicable amount for the desired Service plan along with all charges billed to the Customer’s account. Such charges include (but are not limited to) (i) one-time, non-recurring set-up fee and (ii) recurring monthly Service charges (iii) any other charges ancillary to the Services and (iv) applicable duties and taxes, if any. Transworld Home reserves the right to increase and/or decrease the charges, tariff and monthly packages including Class Value Added Services (“CVAS”) by giving seven (07) days’ notice to the Customer.
- Late Charges: All payments shall be due on the date indicated on the Service invoice issued by Transworld Home. Any amount that remains unpaid on the next invoicing date, shall be considered in default and shall be subject to a surcharge of five percent (5%) of the unpaid balance due per month till it is paid in full.
- Change of Service Plan and Customer ID: The Customer may change from one Service plan to another without incurring any additional fixed charges, provided no actual work is needed to be performed by Transworld Home at the Customer premises. The written change against a CAF from Customer should reach Transworld Home on or before the 20th day of a calendar month for the new plan to take effect from 1st day of the subsequent month. Transworld Home may change the login ID of the Customer due to technical reasons subject to the Customer being given ten (10) days prior notice.
- Pre-Deployment Refund
- Pre-Deployment Refund is applicable in case:
- - Installation pending / delayed due to Transworld Home - Sales being made in non-coverage areas
- Pre-Deployment Refund
- - Installation pending / delayed due to customer
- - Installation pending / delayed due to concealed wiring
- - Change of location, plan, mood etc. of the customer
- - Any situation arises due to natural disaster (Floods, Heavy rains, Earthquake etc.)
- Post Deployment Refund
- The Customer may terminate the Services by giving Transworld Home thirty (30) days’ prior notice for claiming of refund of unutilized monthly charges. Refund of monthly charges will be calculated equal to the amount remaining against the time/traffic volume unutilized by the Customer from the date of filing a claim with Transworld Home. The minimum refund period will be thirty (30) days from the date of claim.
- Default and Breach of Terms: If the Customer does not pay any charges owed to Transworld Home on or before the due date or violates any of the terms of this Agreement, then Transworld Home shall have the right to suspend or disconnect the Services (at its sole discretion) either temporarily or permanently. Furthermore, should the Customer be in breach of any of the terms of this Agreement, Transworld Home reserves the right to terminate the Services immediately. The Customer agrees to waive his/her right to claim damages from Transworld Home for such termination.
- Availability and Withdrawal of Service: Transworld Home shall use its best efforts to provide Customer with quality Services without interruption, as far as technically feasible. However, Services shall be subject to transmission limitations beyond Transworld Home’s control. The Customer understands that the services may be temporarily unavailable or limited because of the unavailability of third party Services not in control of Transworld Home. It is understood that the Services to the Customers may be temporarily interrupted or curtailed because of submarine or terrestrial cable damages, by acts and omissions of third parties, equipment modification, upgrades, relocations, repairs and similar activities necessary for the proper operation of Service. Transworld Home in its discretion and upon seeking relevant approvals from Pakistan Telecommunication Authority (“PTA”) may withdraw the provision of any Service offered to Customers on a ninety (90) day prior notice. No action arising out of any claimed breach of this Agreement, transactions under this Agreement or in relation to the Services may be brought against Transworld Home by the Customer after more than thirty (30) days of such a cause of the action arising.
- Customer Support: Transworld Home shall provide telephonic customer support through its Contact Center on 24x7 basis. Onsite Customer support in case of physical line problem shall be provided within forty-eight (48) hours (excluding weekends and public holidays). Transworld Home’s responsibility shall be to extend connectivity to the Customer Premises Equipment (“CPE”) installed by Transworld Home, connectivity beyond the CPE is the responsibility of the Customer. In case of a fault identified at the Customer’s end beyond the installed CPE, additional charges for CVAS as per prevailing rates will be charged to the Customer.
- Governing Law: This Agreement shall be deemed made and entered in the jurisdiction of the respective territory where the Service is being provided by Transworld Home and shall be constructed and enforced in accordance with the laws of the Islamic Republic of Pakistan.
- Payment of Costs: In case the Customer defaults in the performance of any term or condition of this Agreement or in the payment of any sums of money due under the CAF to this Agreement, then the Customer shall pay (where applicable) all reasonable costs, charges, attorney’s fees and expenses incurred by Transworld Home in enforcing the terms and conditions of this Agreement and in pursuing litigation.
- Limitation of Liability: In no event shall Transworld Home and/or any of its agents, employees, officers, parent company, affiliates, subsidiaries, successors, assigns, directors, and/or attorneys (“Transworld Home Parties”) be liable to the Customer for lost profits and/or punitive or exemplary incidental consequential, special and/or damages in any action arising out of , related to: (1) this Agreement; (2) the rights granted hereunder; (3) any breach, termination, cancellation or non-renewal thereof; (4) Customer’s business; (5) the Services; (6) the CPE; and/or (7) any act, omission, and/or negligence of Transworld Home.
- Claims: All claims against Transworld Home shall be limited to recovery of no more than the sums paid to Transworld Home for the Services subscribed by the Customer. Transworld Home shall not be liable for any damages caused by delay in delivery, installation or furnishing of the Services, the CPE and/or periodic and/or recurring interruption in the Services being provided under this Agreement.
- Operating Environment: The Customer shall assume full responsibility for the overall effectiveness and efficiency of the operating environment in which Transworld Home’s Services and/or permission in relation to where the CPE is to function.
- Complaints: Transworld Home shall ensure that it addresses Customer’s complaint within forty-eight (48) hours of submission of such a complaint. In the event that the matter is not resolved, the Customer may lodge a complaint in writing to Transworld Home which Transworld Home shall investigate and resolve within three (03) working days, it will apprise the Customer of the outcome within this time. If the Customer remains unsatisfied with the manner in which Transworld Home has redressed any matter upon expiry of the three (03) days, it may file a complaint with the Consumer Protection Directorate, Pakistan Telecommunication Authority Headquarters, or its zonal offices as applicable personally, or by post or email at firstname.lastname@example.org.
- Arbitration: The Parties agree that their first and foremost aim shall be to resolve amicably any dispute, controversy or claim arising out of or relating to this Agreement, including any question regarding its existence, validity, breach or termination, should they fail to reach a peaceful resolution by exercising the foregoing, they may then invoke arbitration. One (1) arbitrator, mutually agreed upon by the Parties, who shall be an attorney enlisted in the Pakistan Bar Council, shall act as an arbitrator. The losing party shall pay the fees, costs and expenses of the arbitrator. The award of the arbitrator shall be final and binding on the Parties and may be filed in a court of competent jurisdiction in the respective territory where the Services are being provided by Transworld Home.
- Assignment: Transworld Home may assign to a third party the rights and obligations under this Agreement or assign the right to receive payments, without the Customer’s consent. The Customer shall not be permitted to assign this Agreement without Transworld Home’s prior written consent, which Transworld Home may withhold in its sole discretion.
- Indemnity: Transworld Home is not responsible for any injuries or losses to the Customer caused by Customer’s use of the Service. The Customer agrees to indemnify, defend, and reimburse Transworld Home of expenses, including attorney fees, claims for such losses and injuries. The indemnity under this Agreement shall continue even after the term of this Agreement has expired and/or after termination of this Agreement for a period of two (02) years thereafter.
- Virus Related Traffic: The Customer is responsible for proper maintenance of the computer(s) like installation of anti-virus software (and so forth) when utilizing Transworld Home’s service. All unintentional traffic generated due to virus infection of Customer’s computer shall be charged to the Customer’s account, as it consumes Transworld Home’s bandwidth.
- Equipment and Related Hardware: All Optical Network Terminals (“ONTs”) and/or CPEs supplied by Transworld Home shall satisfactorily perform the function for which they are intended and are subject to one (01) year supplier’s standard warranty subject to suppliers’ terms and conditions. At all times, ownership of ONTs and/or CPE shall remain with Transworld Home. The Customer shall hold the ONTs and/or CPEs in trust for and on behalf of Transworld Home. The cost of repairing or replacing any such ONT and/or CPE shall be borne by the Customer. If an account is suspended for a period of thirty (30) days without any notice of temporary suspension from the Customer’s end, then in that case, the account shall be terminated forthwith by Transworld Home and the Customer shall be notified to return the ONT and/or CPE to Transworld Home’s office within seven (7) days of such termination by Transworld Home. The Customer undertakes that various models of ONTs/CPEs have their limitations for the types of networks, which are explained to the Customer at the time of sign up of connection from Transworld Home. The non-compatibility of ONT/CPE with the Customer’s requirements or Customer’s network shall not be treated as failure of ONT/CPE to perform its prime function that is enabling FTTU/FTTH connectivity with PC, LAN, TV or Phone, as the case may be. If the CPE fails to perform the functions for which it is intended as specified in the specifications/literature/product information of the equipment, it shall be treated as non-functional and it shall be returned to Transworld Home under warranty cover. The warranty shall not apply to defects resulting from improper or inadequate use and/or maintenance of the equipment by the Customer, physical damage, unauthorized modifications or tampering with equipment, or misuse, or operating outside the environmental specification of the product (including but not limited to voltage, ambient temperature, radiation, unusual dust etc.), improper site preparation or non-availability of earthing at Customer’s premises. In case of any dispute in the warranty claim, the technical analysis of Transworld Home shall be treated as final.
- If the performance of this Agreement or any obligations hereunder is prevented, restricted or interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, war, terrorism, or a similar occurrence or condition beyond the reasonable control of the Parties, the Party so affected shall, upon giving prompt notice to the other Parties, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach of this Agreement.
- External Display: The Customer hereby consents that Transworld Home has permission to affix a plaque/plate with Transworld Home’s logo on it at a prominent place at the Customer premises (including near the main gate) to display/demonstrate that the premises is connected via Transworld Home.
- The Customer also hereby authorizes Transworld Home and its affiliates to send to the Customer promotional, billing and other informative messages and communications, from time to time, through different digital and non-digital mediums including but not limited to SMS, post, email, voice and/or WhatsApp.