1. Interpretation

The following definitions apply in these terms and conditions:

"Agents" means any contractors, providers or dealers appointed by Awasr to perform any of Awasr's obligations under the Agreement;

"Agreement" means the agreement between us and the customer relating to the supply of our Services to the customer, which includes these terms and conditions and any other terms stipulated by us;

"Bill Cycle" means the period of approximately one month for which the customer will be invoiced, which will begin on a set date each month and will last until the day before that date the following month (e.g. the 1st of one month to the end of that month). The number of days in Customer’s Bill Cycle is variable in accordance with the number of days in a calendar month. The customer will be informed of the Bill Cycle when the customer signs up for the Services;

"Charges" means all monthly access charges, and any additional charges payable by the customer;

"Connection" means an Awasr Service that has been configured to attach to the Network so that the customer can use the Services supplied under the Agreement;

"Coverage" means the geographical area where Awasr can provide the Service;

"Customer Care" means the Awasr Customer Care Centre;

"Equipment" means the customer premises equipment provided by Awasr that connects the customer to our Network for the provision of the Services;

"Due Date" means the date 30 calendar days after the Invoice Date;

"Invoice Date" means the date on which the relevant invoice is generated;

"Outside Awasr Network" means any network element, locally or internationally that Awasr does not have any control over;

"Service(s)" means Awasr’s telecommunication services including broadband services, voice services, value added and other services that are made available by Awasr or our agents under the Agreement;

"Suspend" means barring access to Services;

"User" means any individual who uses the Services;

"we" or "us" means Awasr and "our" has a corresponding meaning;

"Website" means our website at www.awasr.om;

"The customer" means the customer under this Agreement who is liable for all of the

Charges under this Agreement and "your" has a corresponding meaning.

2. Commencement of Agreement and Term

a) The customer is legally bound by the terms of this Agreement from the time when the customer places & sign for an order through Awasr ordering channels and Awasr confirms that it can deliver the order. A copy of Terms & Condition & the signed order will be shared to the customer email promptly after submission of the order.

b) For any Service, Awasr requires the customer to stay with the company for a minimum subscription period specified in our agreement with the customer.

c) After the initial minimum subscription period, the subscription shall continue & automatically renew monthly basis unless the customer terminates the service. After the minimum commitment period customer will not be charged for any penalties related to the minimum commitment period.

d) The customer can upgrade his or her Service at any time. There will be no additional upgrade charges, but Awasr will require the customer to pay the charge for the plan to which the customer upgraded from the date of the request (on a pro rata basis for the month in which Customer’s upgrade was made). The charges on the upgraded package will commence on the date of the activation.

e) The customer is not permitted to downgrade the Service during the minimum subscription period unless if the customer pays the Early Termination Charges of the minimum commitment period.

f) After the minimum commitment period the customer can downgrade their speed. However, the downgrade will take effect from the start of the next Bill Cycle. Downgrade fees will apply according to the approved downgrade fee tariff by the Telecommunication Regulation Authority.

h) If the customer upgrades the current package to any package, his contract will be automatically renewed according to the agreed contract period.

3. Termination

a) The Customer can terminate the Service at any time, subject to payment of the applicable termination charges as follows:

• If the customer terminates the Service before Connection and after Awasr has commenced the Installation process, the customer will pay a cancellation charge according to approved Tariff.
• If the customer relocates premises, the services will be terminated, and the customer will have to place a new order. Fees for Change location applied as per approved Tariff.
• If the customer terminates the Service after activation and within the minimum commitment period specified in the agreement customer will be charged for early termination charges penalty, plus the discount applied under any promotional plan that the customer subscribed to previously during the minimum commitment period.
• On any termination, the customer must return all equipment Awasr have provided to the customer ("Equipment") and pay for all not returned or damage Equipment according to approved Tarif.

b) The customer can terminate his/her Service by signing a termination request form in any Awasr outlet or store. The termination is effective from date when the customer clears all the applicable dues including returning the devices or pays the non-returned of damaged device charges.

c) After the minimum subscription period, this Agreement automatically continues indefinitely until the customer terminates the Service. The termination is effective from date when the customer clear the dues and either submits the device or pays device charge.

4. Coverage and Services

a) Awasr likes to keep things simple. Awasr is a specialized fixed telecommunications service provider and as such Awasr strive to offer superior services in the Sultanate that is in line with quality of service requirement set by the TRA. Awasr offer services where Awasr network is available.

b) To continue offering the customer the best services, customer needs to:

• not use the Services or allow anyone else to use them in a way which breaks any laws or infringes anyone's legal rights;
• for abusive, illegal, or fraudulent purposes.
• to obtain unauthorised access to anyone's computer or communications equipment;
• to interfere with anyone else's use of our Services.

c) Awasr reserve the right to remove any content which Awasr consider, in our reasonable opinion, to breach the terms of this Agreement, or to breach any law, or to be contrary to good morality.

d) Awasr reserves the right to change, modify, suspend, remove or substitute any current Service with a new Service after communicating the prospective change, modification, suspension, removal or substitution to the customer.

e) The customer agrees to indemnify us against all claims and liabilities and to meet any losses Awasr may incur as a result of his or her use of the Services. The customer is responsible for the use or misuse of the Services Awasr provides.

f) The customer must not resell, in any way whatsoever, the whole or any part of the Services Awasr provides, and he or she must not provide a connection to, or enable the use of Customer’s Services by, anyone in any other premises than the premises in which Awasr installed the Services. If the customer does any of these things, then Awasr may take legal action against the customer.

g) The customer agrees that if he or she uses the Services in any way that may negatively impact our Network or the provision of any of our Services, Awasr may restrict or suspend their use of the Services.

h) Awasr is not responsible for any drop in desired or expected speed or latency for connections to servers Outside Awasr Network.

5. Fair Usage Policy

a) The Services are offered for reasonable use only. Excessive use of the Services beyond which, at our discretion, Awasr considers is normal and reasonable usage, may result in us restricting or suspending the Services, which may impact the desired or expected speed.

6. Equipment

a) Unless provided otherwise in this Agreement, all Equipment supplied by Awasr as part of a Service shall remain the property of Awasr. Awasr will ensure all provided equipments are committable with provided services.

b) The customer is responsible for keeping all Equipment in good condition, and for its security, and protection from unauthorized access.

c) The customer is responsible for loss or damage to the last mile equipment, with the exception of normal wear and tear. Damage caused to the Equipment supplied to the customer by Awasr which requires that equipment to be repaired or replaced will incur a charge according to the approved Tariff or any other amount specified in the agreement with the customer.

d) Awasr reserves the right to inspect or test any Equipment provided by us remotely or at customer’s premises at such time as agreed between us.

e) The customer will ensure that Users and other parties do not, remove or obscure any logo or writing on Equipment provided by Awasr.

f) The customer will ensure that Users or other parties do not tamper with or attempt to repair or service the Equipment or allow any party other than Awasr to do so and Awasr will ensure to repair the service within Telecommunication Regulatory Authority guidelines. Any attempt to do this may invalidate the manufacturer's warranty.

g) The customer will not sell any Equipment, place a charge on it or otherwise transfer or dispose of it.

h) Replacement Equipment supplied to the customer is subject to the stock available, and may not be the same as the Equipment it replaces. Yet the replaced devices will either be at the same quality & effectiveness or higher.

i) Where Equipment becomes faulty for reasons other than through customer acts, omissions or misuse within the minimum subscription period, Awasr will repair or replace the Equipment.

j) Customer agree not to use any hardware provided by Awasr to connect to internet services provided by any other internet service provider. If customer do, Awasr reserve the right to terminate Customer’s Service.

7. Charges and Payments

a) The customer agrees to pay us the relevant Charges for the provision of the Services, whether the customer’s or someone else uses the Services.

b) The customer agrees to pay us the monthly rental and lease Charges for the equipment’s according to the approved Tariff & agreed Monthly Rental Charges with the customer throughout the lifetime of the customer and the other relevant charges.

c) The customer agrees to pay the installation charges for the service per connection as per the approved Tariff.

d) The customer agrees to pay the modification of service charges according to approved Tariff that applies to any modification to the Oman Broadband Company Fibre Optic infrastructure within the customer's premises as a result of a request to modify the network within the end user’s premise, for example re-positioning the customer access point to a different location, or re-routing of the conduit and fibre cable across his premises.

e) The customer agrees to pay cancellation charges if he/she cancels a request prior to the installation date or prior to any actual installation in the case where the survey has already been completed and the customer’s approval to start the work was obtained, the cancellation charge will be applicable based on the approved Tariff.

f) The customer agrees to pay the installation charges and the change location charges according to the approved Tariff and this is applicable if the customer requests change location within the minimum commitment period.

g) The customer agrees to pay for any damage caused by customer including but not limited to the customer CPE, the fiber (above or underground) and or any other damage that causes an interruption to the ongoing service according to approved Tariff.

h) The customer agrees to pay the technician visit charge whenever a technician visit is requested by the customer and no fault is found or the fault is due to customer damage.

i) The customer will be invoiced once a month at the end of each Bill Cycle. Invoices may be delivered by e-mail, or SMS. The customer shall check and verify the accuracy of the bill related to the service and bring any error or discrepancy to the attention of Awasr within 180 days from the date of the bill.

j) If, once the Customer Access Point (CAP) has been installed, the customer postpones the activation of the broadband connection for any reason, the customer will be liable to pay 10 OMR monthly for Residential and 15 OMR Monthly for SME customers from the date of installation of the customer access point, until the date when the activation request is received.

k) The customer must pay the account balance in full each month by the due date which is within 30 days of the Invoice Date. If, under any circumstances, the customer fails to receive his or her bill it is their responsibility to inform Awasr so that the bill can be resent. Payment can be made by visiting an Awasr store, online, application or via other Awasr channels. If the customer has provided us with the credit/debit card details, Awasr may deduct the due amount from Customer’s card. Awasr will ensure to make all reasonable efforts to inform the customer with the payment status.

l) In case of failure to pay any amount after the Due Date, Awasr shall suspend the Services, until the customer pays the outstanding amount. Customer will continue receiving monthly invoices for his/her monthly plan subscription.

m) Customer will be suspended after 32 days from the bill generation date & customer will remain in suspension until the opened dues are fully paid. Once dues are fully paid customer service will be restored within 24 hours.

n) In case customer fails to pay the dues within the suspension period, customer connectivity will be terminated after 50 days from the bill generation date.

8. Deposits and credit

a) In some circumstances Awasr may require the customer to pay a deposit to us before Awasr connect the Service.

b) Customer can overpay the invoice and such overpayment will appear as a credit.

9. Limitation of Liability

a) To the greatest extent permitted by law, Awasr exclude all liability (whether in contract, tort, equity or otherwise) to the customer or anyone claiming on the customer’s behalf, relating to any loss of profits or revenue, loss of data, lost business or missed opportunities, wasted expenditure or savings customer might have had, and any form of direct, indirect, consequential or other loss whatsoever, arising from:

• customer’s connection to our network or the content or supply of any Services;
• non-delivery of any Services;
• the failure, interruption or delay in the supply of, any services or any part of them or any negligence in this regard;
• the fitness of all or any of the Services for any particular purpose;
• failure to provide all or any Services as envisaged;
• the inaccurate or incomplete transmission of any data;
• any other matter which relates to this Agreement.

b) In respect of all other liability (including in respect of negligence and breach of contract), to the greatest extent permitted by law, our liability is limited to OMR 5,000.

c) Except as set out above, Awasr have no other liability to the customer or any other person in respect of this Agreement.

10. Access to Premises

a) The customer will allow us or our Agents access to customer’s property to perform our obligations under this Agreement. Awasr will endeavor to give the customer reasonable prior notice if access to customer’s premises is required and Awasr will ensure that the Agents carry sufficient proof of identity. If the customer does not allow us to access the premises the ability to use the Services may be adversely affected.

11. Relocation of Premises

a) If, after the customer has placed an order, the customer relocates to different premises, the customer will have to place a new order if the customer wish to receive any Service at the new premises by paying applicable charges to connect the new premise, but the existing Service (and any request relating to the existing premises) will not be transferred to the new premises, and the customer will remain subject to any minimum subscription period applicable to the existing Services as per approved Tariff. The customer may terminate a Service (or order placed) at customer’s existing premises if the customer relocates, but this will be subject to any applicable termination charges applying under Clause 3,6 and 7 above.

b) Whether or not Awasr can supply a Service at the new premises will depend on availability, and Awasr will not be able to supply a Service if Awasr do not have coverage in the area where customer’s new premises are located.

c) In case customer will request for shift location the following charges will be applied:

• Customer Changes location within the minimum commitment period & takes Awasr device (CPE) from his existing location to his new location : Awasr will charge the customer an early termination charges.
• Customer Changes location within the minimum commitment period & Customer loss or damage Awasr Device ( CPE): Customer will be charged an early termination charges plus the CPE replacement charges.
• Customer Changes location after the minimum commitment period & Customer loss or damage Awasr Device ( CPE): Customer will be charged the CPE replacement charges.
• Customer Changes location after the minimum commitment period & Customer takes existing location CPE to the new location : No penalties will be applicable.

12. Non-Awasr Hardware/Software and third-party services

a) If the customer has acquired hardware/software from some other source, and it does not support all of the Services offered by Awasr, Awasr are not under any obligation to take any action so that the customer can access any of our Services.

b) Awasr do not make any warranty as to the accuracy, completeness or currency of any content or material which customer may access using our Services. Where Services are provided by a third party Awasr accept no responsibility or liability for their quality or the nature of their content.

13. Regulatory Resources: numbering, domain names, IP addresses and SIMs

a) If the Services Awasr offers the customer includes the use of a telephone number, domain name, or any other numbering and IP resources, customer must acknowledge that these resources are the property of the regulatory body, the Telecommunications Regulatory Authority, and that customer are not the owner of these resources. Customer may be requested to return any of these resources Allocated to him or her, if needed by the Regulator.

14. Content services and software

a) Awasr is not responsible for any content that is not its own. Awasr also do not Similarly, Awasr do not endorse any content, views, messages or information accessed by way of customer’s service. Awasr leave it to customer’s discretion to determine what content the customer access and save where required by law, Awasr do not restrict or otherwise monitor or control the content that customer access. That said, Awasr strongly recommend that the customer monitor access to content by children or minors.

b) Awasr at its discretion and without notice to the customer deny access to, remove or modify any content that may be defamatory, offensive, indecent, objectionable, illegal or that may infringe any third party's intellectual property rights.

15. Privacy

a) Awasr's use of customer’s personal information is governed by this Agreement and by the Awasr Privacy Policy which can be accessed on our Website, in accordance with the relevant TRA regulations. That Privacy Policy forms an integral part of this Agreement.

16. Disconnection of Services

a) Awasr can suspend, re-direct or restrict the use of any or all of the Services or disconnect the connection if:

• The customer does not abide by the terms and conditions in the Agreement;
• The customer behaves in an abusive, offensive, or malicious way, or use any of our Services in an offensive way;
• Awasr suspects customer of using the Services for any illegal or fraudulent activity;
• customer’s use of a Service or the activity when using a Service has, or in our opinion may have, a negative impact on the Awasr Network such as abuse of network or attempts of hack or security breach.

b) If Awasr suspend the use of our Services, Awasr will endeavor to communicate this to the customer before doing so.

c) Where Awasr suspend, re-direct or restrict the Services all Charges will continue to apply based on the approved policy by Telecommunication Regulatory Authority.

d) In case of failure to pay any amount after the Due Date, Awasr shall suspend the Services, until the customer pays the outstanding amount. Customer will continue receiving monthly invoices for his/her monthly plan subscription.

e) Customer will be suspended after 32 days from the bill generation date & customer will remain in suspension until the opened dues are fully paid. Once dues are fully paid customer service will be restored within 24 hours.

f) In case customer fails to pay the dues within the suspension period, customer connectivity will be terminated after 50 days from the bill generation date.

17. Transferring Responsibilities

a) The interests in this Agreement are personal to the customer and the customer may not transfer or on-sell the Agreement or any benefit or obligation under it to another person without our consent.

18. Notices and Variations of Charges, Terms and Pricing Plans

a) Awasr may change this Agreement and any Services at any time and the customer will be legally bound by these changes. Changes will be posted on our Website. Please check this regularly for updates. Awasr will communicate such changes as directed by the TRA.

19. Force Majeure

a) Neither the customer, nor Awasr, will be liable for any delay or failure of the Services or failure to perform any obligations or responsibilities under this Agreement, or for any loss or damage from such delay or failure to the extent that it was caused, in whole or part, by an act of God, war, terrorism, civil disobedience, industrial stoppage or unrest, fire, volcanic eruption, earthquake, shortage of suitable labor, materials, equipment or energy or any other event beyond our control.

20. Subcontracting

a) Awasr shall be entitled to allow third parties to perform any of our obligations under this Agreement.

21. Updating Customer’s Information

a) It is important that Awasr to have accurate information regarding it is customers. Awasr rely on the information the customer has provided to us as part of the application form for a range of purposes and therefore it needs to be current. If the information the customer has provided to us changes, Awasr request that the customer let us know as soon as possible. If Awasr become aware that information the customer has provided us is no longer accurate Awasr may suspend or terminate the Service. Awasr will endeavor to notify customer before Awasr do this, but it may not always be possible.

22. Disputes and Complaints

a) Any complaint or dispute between customer and us will be governed by the Awasr Dispute Resolution Policy which can be found on our Website.