Terms and conditions
TERMS & CONDITIONS TO OBTAIN THE SERVICE [S]
1. OUR AGREEMENT
1.1 This Agreement starts from first date of activation of your services. If you are below the age of 18 years, your parent or guardian will be responsible under this Agreement.
2. PROVIDING YOU THE SERVICE
2.1 You agree:
(a) To pay your bills on time (post-paid).
(b) Not to use the Service or Network for any unlawful or improper purpose.
(c) To follow our reasonable instructions and requests.
2.2 The Services provided are subject to the rules and regulations of the CITC (www.citc.gov.sa). CITC “Terms of Service of Mobile Telecommunication” (Rabi Al Awal 1429 H) apply to this agreement.
2.3 Factors outside of our control can affect the quality and availability of the Services. For example, weather, weak signals, unexpected damage, maintenance, upgrades to the network. Where possible, we will advise you in advance of any interruptions or unavailability.
2.4 We reserve the right to change, withdraw, suspend or re-assign your Phone Number if required by Law or the CITC or your account is closed.
2.5 You must keep any PIN and password allocated to you secure and not disclose it to anybody else. Any and all use of your PIN or password will incur charges to you.
3. PREPAY ACCOUNT
3.1 If you choose a Prepaid Plan you will need to recharge your account to use our Services.
3.2 If you have a zero balance, others can call you but you cannot make any calls, or use other Services, except to call our Customer Services or emergency services on number 999.
3.3 If you do not use the Service or recharge your account for 90 continuous days, your account may be closed and your Phone Number reassigned.
3.4 We will deduct charges from your Prepay account according to usage.
4. POSTPAID ACCOUNT
4.1 A postpaid account requires an upfront payment and a monthly subscription/charge.
4.2 You consent to a credit check and to providing such information that we reasonably request. Establishing and changing your Subscription Credit Limit is solely at our discretion and will apply to all Services.
4.3 On payment you will receive your Monthly Included Value at the beginning of each month. We will Bill you, normally monthly, in arrears. You must pay for your Charges within 10 days from the date of your Bill.
4.4 You must pay the full amount of all Charges on your account. You must notify us as soon as possible of any possible errors.
4.5 If you do not pay the full amount, we may suspend or cancel all or part of our Services until all outstanding Charges are paid in full.
4.6 You cannot convert or redeem recharges, unused airtime or Services for cash, nor use them against any other accounts with us or towards your other Services or Products.
4.7 If this Agreement is terminated, to renew your Contract you may have to pay a renewal fee.
5. CHARGES AND PAYMENTS
5.1 We will charge you for all Service and/or Products used.
5.2 Our tariffs are available on our Website, in-store or from Customer Services.
6. YOUR PERSONAL INFORMATION
6.1 CITC requires personal information such as your ID, full name, address, contact information and/or your banking details. We need this information for your account set up; credit-checking; to comply with the Law; to inform you about new Products; and/or to provide the best service. You must keep us informed of any changes in your personal information. All information provided to us must be true and correct at the time it is provided.
7. MARKETING COMMUNICATIONS AND PROMOTIONAL OFFERS
7.1 Unless you notify us otherwise, you agree to receive promotional and other marketing material and important messages and information about your account, the Network or, if required, by Law.
8. QUERIES AND COMPLAINTS
8.1 If you have a complaint or query please contact us through our Website (www.friendisaudi.com) or call Customer Services.
8.2 You must file any complaint on errors in any invoice no later than 30 days from the date of your Bill.
8.3 You must pay the undisputed Bills for the Services you use during the complaint handling period.
8.4 If we are unable to resolve your complaint you have the right to refer your complaint to the CITC (www.citc.gov.sa).
9. NO RESELLING OF THE SERVICE
9.1 You may not sell, re-sell or commercially exploit our Services or Products in any way.
10. SUSPENDING OR DISCONNECTING OUR SERVICE
10.1 We may suspend or disconnect all or any Services at any time if the Network needs urgent maintenance or upgrading.
10.2 We may suspend Service if you (i) breach this Agreement; or (ii) damage or abuse the Services or the Network; or (iii) abuse or threaten our staff; or (iv) provide information that is false or misleading; or (v) if a Prepaid Customer, you have not made a chargeable call or recharged your account within any 90-day period; or (vi) exceed your Subscription Credit Limit; or (vii) cause harassment, disturbance or harm to others.
10.3 You may request that we suspend your Services, for example, if you have lost your Mobile Device or it has been stolen. You must pay all outstanding Charges prior to suspension and you remain liable for any Charges due throughout the period of suspension.
10.4 We may charge you a fee to reconnect you to our services if your suspension was requested by you.
10.5 You can still make calls to emergency services during suspension.
11. FORCE MAJEURE
11.1 We are not liable for any delay or default in performance under this Agreement if it is caused by an event reasonably beyond our control, including but not limited to natural disasters, civil insurrection, war, accident, act of God, a direction of any sort by CITC, or delay, failure or default our suppliers or the Network Operator.
12. WHEN OUR AGREEMENT ENDS
12.1 Either Party may terminate this Agreement at any time by providing written notice of termination. In such event, you agree to pay us all outstanding Charges owing on the termination date, including, any arrear amounts.
12.2 In addition to clause 12.1, we may terminate this Agreement if:
(a) you are a Prepaid Customer and we have suspended your Services and following a further 90-day period, you have still failed to make a chargeable call or incurred a Charge;
(b) you breach this Agreement and you fail to correct that breach within 20 Business Days of being notified;
(c) you fail to make payment of Charges due to us;
(d) you become bankrupt, or insolvent, or any administrator is appointed to your business or assets, or you move to wind up your business;
(e) the network is no longer made available to us; and/or
(f) CITC orders us to withdraw your phone number.
12.3 If this Agreement is terminated, you must immediately pay all Charges owing to us as of the date of termination of the Agreement.
12.4 Upon cancellation, if you are in breach of this Agreement, we may retain any amount paid by you and stop or suspend providing the Services. This does not limit any other rights of either Party.
13.1 To the extent permitted by Law, we exclude all liability to you or any other person for any costs, loss, expenses, or damage however caused and whether direct, indirect or consequential (including but not limited to loss of profit, loss of business, or loss of anticipated savings) and whether or not arising from or in connection with this agreement.
13.2 If any liability is imposed by Law then, to the extent permitted, our liability to you arising from or in connection with this agreement will be limited, at our option, to: (i) in the case of Products, to repairing or replacing the goods or supplying equivalent Products or refunding you; or (ii) in the case of Services, to a refund of the Charges paid for such Services or supplying the Services again without additional cost.
14. INTELLECTUAL PROPERTY RIGHTS
14.1 You may not use our information or our Intellectual Property for any purpose without our written permission.
15.1 You agree to be bound by any amendments and additional terms and conditions that may be notified to you and/or on our Website from time to time We may change the terms and conditions of this Agreement, including the price of any Product or Service, or withdraw any Product or Service offering, at any time and in any way. If any change is material and may affect you we will advise you. If you continue to use the Service after any change, you are deemed to have accepted the new terms and conditions.
15.2 You cannot transfer your account, this Agreement, your number or your SIM card to anyone else without our written consent. We can transfer or assign any of our rights and obligations and your account or Contract at any time.
15.3 If any term of this Agreement is rendered invalid or unenforceable, the remainder of this Agreement will remain valid and effective.
15.4 Any indulgence we grant you, or extra time we allow you, does not affect our rights under this Agreement.
15.5 All notices must be in writing and may be sent by email to an email address notified by you. We will assume that you received the email at the time of sending. You may email notices to us at www.friendisaudi.com.
In this Agreement:
Charges means our charges published by us from time to time that you must pay for using our Service including periodic charges, international roaming charges, charges passed to us for your usage by third parties, one-off charges like SIM activation and reactivation fees or charges to port your phone number to another provider;
CITC means the Communications and Information Technology Commission of Saudi Arabia;
Intellectual Property means, the copyrights, trademarks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, know-how, trade secrets and any other type of intellectual property which are owned by, licensed to, used and/or held by us on or in connection with our Website or our Service or the Network;
Monthly Included Value means the usage allowance allocated to you in exchange for the Monthly Subscription that you must pay us;
Network means the digital mobile phone network and/or the wireless platform for internet service in Saudi Arabia that allows you to receive or use our Service;
Prepay or Prepaid Plan means a predetermined Usage Allowance paid for in advance and which can be used for Services until the Usage Allowance is consumed or expired;
Product/s means the products that we may offer from time to time in connection with the Services, including any of SIM Cards, Mobile Devices, Contracts, Prepay, Usage Allowance, recharges, Internet Service and/or modems, and any combination of any of these;
Service means the digital electronic communications service, Internet Service and other electronic communications service that we and other third party providers provide to you over our Network from time to time and all ancillary services thereto;
SIM or SIM Card means the Subscriber Identity Module card containing your Phone Number and which is programmed to allow you access to our Service over the Network;
Subscription Credit Limit means the maximum credit that we will apply to your account based on your creditworthiness;
We, us, or our means Virgin Mobile Saudi Consortium LLC, its affiliates, subsidiaries or its successors-in-title; and
You, yours and/or your means you, the Customer, who applies for access to and receives our Service.