Service Agreement
Article (I): Application for Service:
A- The customer or authorized person shall sign the service application form.
B- The specialist team shall visit the customer’s place at the confirmed installation date so as to install the cables, plugs, and equipment’s needed for the provision of the service. Upon the completion of the installation, the customer or the person present during the installation shall be instructed how to properly use the service.
C- Upon the completion of the installation, the customer or the person present at the installation place shall acknowledge his/her acceptance of the installation of the service.
D- Service bill shall be calculated as of the date of the activation of the service unless if there is a technical failure to start the service, as the bill shall then be automatically calculated directly after the solution of the problem.
Article (II): Obligations of the Client:
E- A customer may not use or allow the use of the service in violation of the laws in force in the Kingdom of Saudi Arabia, or in violation of the terms of this Agreement or of any other instructions set by Zain from time to time; or to use or allow the use of the service for purposes other than the intended ones; or to make or allow the making of any amendments to the devices and equipment as well as the software attached thereto. A customer shall be held responsible for any illegal use and any damages consequent thereupon without limitation.
F- A customer shall be obliged to pay the amount of the financial guarantee stipulated in Article (VIII) of this Agreement in addition to the amounts due by the customer upon the date specified by Zain and this shall apply even in case of changing billing dates by Zain.
G- In the event that Zain installs terminal devices at a customer’s place for the provision of the service, the customer shall be obliged to allow the persons authorized by Zain access to the premises and locations occupied by the customer, or that fall under the control thereof, and shall also be obliged to allow the employees, technicians, or contractors of Zain to stay at such locations for as reasonably long as required for any of the service-related purposes permitted in accordance with the laws,
regulations and resolutions of the Authority.
H- The client shall be obliged to obtain the required licenses for the software used on the devices and equipment, including the observance of the Intellectual Property Rights (IPRs), or any other necessary licenses associated with the provision of any services or the installation or use of any equipment at his/her location (including the communication devices and equipment) throughout the period during which the services is provided or made available thereto by Zain.
I- A customer may not lease, sell, or assign the Service without the prior written consent of Zain.
J- A customer shall be obliged to notify Zain of any changes that may occur to the information provided by him/her or by his/her authorized persons. Zain shall bear no responsibility for any actions taken by Zain based on such information provided thereto and found out later to be incorrect.
K- The Customer is responsible for any misuse or neglect to the devices and cables at the residence, and the Customer shall bare any additional charges incurred for such damage.
L- The Customer agrees that Zain shall not be responsible for any variation, deficiency or interruption of the service as a result of weather changes or climate fluctuation.
Article (III): Billing and Financial Obligations:
A- Zain shall bill postpaid services at the end of each calendar month.
B- A customer shall bear the amount of the Value Added Tax (VAT) or any other taxes or fees that may be imposed by the State from time to time to the extent that the services and goods provided under this Agreement are subject to. The value of the same shall be added to the charges of the services the subject of this Agreement and shall be an integral part thereof.
C- A customer agrees to the right of Zain to amend the charges and fees of the services at any time during the validity period of this Agreement after being properly notified of the same before the application of any such amendments of the charges in accordance with the terms and conditions of this Contract, and with the applicable laws, regulations and resolutions of the Authority.
D- A customer shall be responsible for the payment of all service(s) fees associated with his/her subscription regardless of how the service is used. A customer shall also pay any previous fees that have not been billed either partially or wholly in the following cases:
1- The amounts being valid as recurring or non-recurring fees, provided that they shall be billed and demanded from the customer within a period of (150) one hundred and fifty days as of the date of payment due date. In case that the customer is turned out to be unable to pay the due amount in full, it shall be agreed with the customer to pay it in installments.
E- A customer shall be entitled to challenge the validity of any fees stated in the bill within a period of (60) sixty days as of the date of the issuance thereof. This shall not exempt the customer from paying the amounts stated in the bill the validity thereof has not been challenged up to the payment date stated in the bill.
F- Any outstanding amounts not paid by the customer and resulted in the cancellation of the service may be transferred by Zain to any other account of the customer with Zain. A customer shall be notified of the same prior to any such transfer.
G- Upon a customer’s request to cancel the service before the establishment and operation thereof by Zain, the customer shall be obliged towards Zain to pay all costs consequent to the same. Zain shall have discretionary power to determine the value of such costs. Suspension or cancellation of the service does not exempt the customer form the responsibility thereof for the payment of any amounts owed to Zain.
H- A customer may not claim Zain to refund the service establishment fees upon the cancellation thereof upon his/her request or upon his/her failure to fulfill any of his/her obligations under this Agreement or under any of the applicable laws, regulations, and resolutions of the Communications and Information Technology Commission (CITC).
I- The recurring fees of the service shall be due on the first day of each calendar month.
J- A customer may request to upgrade his/her package at no extra fees.
L- A customer may downgrade his/her package provided during the Commitment Period (12 months) as of the date of the first subscription except Zain Fiber 500 and Zain Fiber 200 packages cannot downgrade the package through the commitment period (12 months).
M- A customer may upgrade his/her package without any additional fees. A customer may not request to upgrade or downgrade the package multiple times in the billing cycle.
Article (IV): Contract Term and Termination:
A- This Agreement shall enter into force and be enforceable against the Parties as of the date of the service activation to the client and for a minimum of “12” billing periods (the “Commitment Period”), and shall be automatically renewed unless one Party notifies the other of the desire thereof not to renew the Agreement at the expiry date thereof.
B- In the event that the customer requests to terminate this Agreement during the Commitment Period or a renewed period, the customer shall be obliged to pay to Zain a financial fine for the premature termination that equal to the value of the Commitment Period.
C- In the event that the customer requests to early cancel Zain Fiber Service before the expiry of the Commitment Period, a monthly lump sum of “80 SAR “include VAT for “Zain Fiber Service 80 and 100” package each month remaining of the Commitment Period, another monthly lump sum of “100 SAR” include VAT shall also be calculated in case of “Zain Fiber Service 500 and 200” for each month remaining of the Commitment Period.
Article (V): Cancellation of Service:
A- A customer shall be entitled to request the cancellation of the service in accordance with Paragraph (b) of Article (IV) of this Agreement and shall be obliged to abide by its provisions.
B- Zain shall be entitled, in accordance with the absolute discretionary power thereof, to suspend or cancel the service in accordance with the provisions of this Agreement and with the applicable laws, regulations, and resolutions of the Communications and Information Technology Commission (CITC), in any of the following cases:
1. Failure of the customer to provide the financial guarantee.
2. Violation of the customer of any of the terms and conditions stipulated in this Agreement or in any of the applicable laws, regulations and resolutions of the Communications and Information Technology Commission (CITC).
3. In the event of force majeure.
4. The service shall be suspended if the customer fails to pay the amounts owed by him/her after the elapse of a period of (25) twenty-five days as of the date of bill issuance.
5. The service shall be canceled if the customer fails to pay the amounts owed by him/her after the elapse of a period of (75) seventy-five days as of the date of bill issuance.
6. Failure of the customer to respond to notifications addressed thereto to update the information thereof, or upon his/her provision of information or details to Zain and are turned out later to be untrue or false.
7. After the elapse of a period of (30) thirty days as of the date of informing or making Zain known of the death of the customer and the heirs do not decide on transferring of terminating the service.
8. A customer’s hindering of the access of the technicians, employees, representative, contractors or authorized partners of Zain to the service location three times a year, when there are any of Zain’s terminal devices inside such location.
9. Whenever the service suspension or cancellation request is made by the Communications and Information Technology Commission (CITC) or any other government body.
Article (VI): Service Cancellation Mechanism:
Before canceling the service, and except for the cases specified by the Communications and Information Technology Commission (CITC) or by any other laws, Zain shall:
A- Address a notification, through the means to be specified by Zain, to the customer at least five days prior to the cancellation of the service, directing the customer how to avoid the reasons of canceling the service and the date of service cancellation.
B- Address another notification, through the means to be specified by Zain, one day prior to the cancellation in the event that the reason for cancellation persists.
Article (VII): Service Transfer or Assignment:
A- A customer shall be entitled to request the transfer of the service form one location to another and Zain shall be obliged to fulfill the request of the customer provided that the technical ability and necessary Zain coverage for the same shall be available the designated location, for an additional fee of (425 SAR – 600 SAR).
B- A customer may assign the service to another person within the same location. Service shall be established for the assignee in accordance with the terms and conditions of this Agreement and of the laws, regulations and resolutions of the Communications and Information Technology Commission (CITC) as well as of other relevant laws.
C- In the event of a successful transfer of ownership, the commitment obligation of the service will be applied to the new Customer, starting from the date of transfer for a duration of (12) months.
D- Zain shall be entitled to decline a customer’s request to assign the service referred to in Paragraph (b) above in the event that there are any unpaid amounts owed thereto by the service the subject of the assignment request, except for the cases in which such owed amounts are disputed due to customer’s objection thereto.
Article (VIII): Financial Guarantee:
E- A customer agrees to provide Zain with any information or data as may be required by Zain for the creating, reviewing, or managing the customer’s Zain account. A customer authorizes Zain to obtain any necessary information on him/her or his/her said account or any other account thereof with Zain, from the “Saudi Credit Bureau (SIMAH)”.
F- A customer agrees that Zain shall disclose the information related to him/her and to his/her said account or any other account thereof with the Company to the “Saudi Credit Bureau (SIMAH)” by virtue of the concluded membership agreement and the prescribed business rules related to the sharing of information with any other entity approved or licensed by the “Saudi Arabian Monetary Agency (SAMA)”.
G- Zain shall be entitled to deduct any amounts owed thereto by the customer from the financial guarantee amount.
H- Zain shall be entitled to request financial guarantee from a customer as may be suitable to Zain and guarantee the rights thereof. Such financial guarantee shall cover the following:
1. Existence of previous undisputed unpaid amounts owed by the customer to Zain.
2. Existence of previous defaults of payment or similar defaults registered in the customer’s credit record with the credit information competent entity.
3. If the customer is new to the company and there is not information available thereon.
Article (IX): General Provisions:
1. A customer acknowledges his/her statutory and legal eligibility for contracting and agrees to abide by all of the terms and conditions of this Contract.
2. A customer may refer to the Authority to settle any dispute or conflict that may arise out of this Contract in the event that it cannot be settled amicably with the Company.
3. The Company may amend the terms and conditions of this Contract according to the laws, regulations and resolutions of the Authority.
4. The Company shall be obliged to abide by the confidentiality of a customer’s information to the extent that may not harm the interest either of Zain or the customer. The customer acknowledges his/her knowledge and approval of the Company’s disclosure of the information related to him/her and/or of the details of his/her use of the service if so is required either by the “Communications and Information Technology Commission (CITC)”, a concerned entity within the Kingdom of Saudi Arabia, the “Saudi Arabian Monetary Agency (SAMA)”, any of the institutions licensed by the “Saudi Arabian Monetary Agency (SAMA)”, including commercial banks.
5. In the event of any discrepancy between the Arabic and English texts of the terms and conditions of this Contract, the Arabic text shall be prevailed.
6. Laws of the “Communications and Information Technology Commission (CITC)” shall apply where no provision is made.
