TERMS AND CONDITIONS

Preamble

  • These terms and conditions were issued by the First Party and approved by the TRC. The First Party is entitled to amend the said terms and conditions, provided that the prior approval of the TRC is obtained in respect thereto. The said amendments shall come into force thirty (30) days after announcement in the media or by delivery of a written copy of such amendment to the Second Party, unless the Second Party objects, in writing, on the said amendments before the TRC or the First Party prior to the expiration of the said (30) days period.

  • The terms and conditions are made in both Arabic and English languages, in case of any contradictions between them, the terms and conditions made in Arabic language shall prevail.

  • The First Party shall provide the service to the Second Party in accordance with the provisions of the License granted by the TRC to the First Party.

  • The Second Party hereby acknowledges that, before signing this contract, he has read and understood the terms and conditions provided for herein. Accordingly, it has been accepted and approved.

  • The above preamble shall be deemed to form an integral part and shall be read in conjunction therewith.

 

Definitions:

Unless otherwise the context requires, the following terms shall have the following meanings:

a. “Telecommunications Law” means the Telecommunications Law (Law No. 13 of 1995) of Jordan, and its amendments.

b. “TRC” means the Telecommunications Regulatory Commission of Jordan as defined in the Telecommunications Law (Law No. 13 of 1995) of Jordan, and its amendments. 

c. “The Service” means the service of pairing on the internet in high speeds through fiber.

d. “The First Party” means Al Huzmah Al-Areadah for Telecommunications company, a company registered at the Ministry of Industry and Trade under the No. 372 .

e. “The Customer” means the natural or juridical person or the authorized signatory thereof, who, after reading and approving the standard terms and conditions provided for hereunder, has signed the subscription application form of the Service (wherever used in this contract shall be hereinafter referred to as the “Second Party”).

f. “The Subscription Contract” means the terms, conditions, subscription application form and any other attachments thereto, which governs the relationship between the parties, upon which the Second party will be provided by the Service.

g. “The Subscription Application Form of the Service” means the application attached with the contract, which includes the information related to the applicant and description of the required service and which will be completed by the customer to obtain the service.

h. “The Force Majeure” means the exceptional events that cannot be predicated or prevented and upon its occurrence the performance of the obligations becomes impossible and the First Party will not be able to meet its obligations provided for in the contract. 

i. “The License” means the contract or agreement signed by the TRC and the first party to allow that party to provide public Telecommunications Services pursuant to the Provisions of the Law and bylaws issued in accordance herewith.

 

Service Description:

  • The first party provides high speed internet through fiber, which extends from the main internet central of the first party to the second party.

  •  The first party shall install its communication devices in the second party’s location to terminate the fiber line, then the second party is served through fiber lines extended inside the building,

  • The speed of the provided service shall be as defined by the subscriber in the service subscription form.

  • The first party provides the service to the second party and maintains the sustainability and quality of service.

  •  The first party provides the required technical support in case of receiving complaints from the second party and according to the highest standards.

 

Quality of Service Commitment:

  • The First party shall exert its best efforts to provide high quality of service that enables the Second Party benefit from using the service in accordance with the obligations provided for in the First Party’s License.

  • The First Party undertakes to repair any faults upon its occurrence, provided that it is made in accordance with the terms and obligations provided for in the License and within the reasonable duration.

 

The First Party’s Duties:

  • The First party commits to provide the service to the Second party within 4 weeks from the date of signing the contract.

  • The First Party undertakes to ensure providing the Second Party with the service in accordance with the provisions of the License granted to the First Party by the TRC.

  • The First Party undertakes keeping the information of the Second Party confidential except for the information which the Second Party agrees to declare, or any information that is requested from an official security entities and/or juridical entities and/or official request by the TRC.

  • The First Party shall exert all possible efforts to reconnect the Service in case of technical failure or emergency or due to renovation or maintenance of the network, and shall not declare that the Service and/or Network is free of faults.

  • The First Party undertakes to compensate the Second Party in case the provided service is disrupted or suspended by the First Party or as a result thereof. The said compensation shall be in proportion with the duration of interruption and/or suspension, in case it was due to internal affairs (excluding the events where the service is suspended due to maintenance, modification or expansion of the network, provided that the Second Party is informed in advance prior a reasonable period). The compensation shall be made as agreed between the parties.

  • The First Party undertakes to inform the Second Party in writing with any changes that may occur to its address or telephone numbers, and in the manner it deems it appropriate.

 

The Second Party’s Duties:

  • The Second Party undertakes to use the service through licensed equipment or equipment approved by the TRC in advance. Any infraction to that will lead to immediate disabling from using the Service.

  • The Second Party or his authorized representative undertakes to inform the First Party with any changes made on the information related to the subscription.

  • The Second Party undertakes not to use or allow the usage of the service for any purpose that breach the security and public safety and/or morals or, in any manner, that violets the applicable laws and regulations.

  • The Second Party undertakes to pay the service fees in accordance with the prices provided for hereunder and in the service application form

  • The Second Party undertakes to promptly notify the First Party and subsequently associate it with written complaint in case the terminal equipment and/or personal subscription information are lost or stolen, in order to enable the First Party to take the necessary procedures in respect thereto.

  • The Second party undertakes to take all possible measures to protect his data and/or programs from harmful viruses on the internet or due to breach in security on the internet.

 

 Prices, Charges and Payment Method:

  • Upon subscription, the Second Party shall pay subscription fees of the first month and the fees of any additional Services requested by him/her according to the prices of the Service as stated in the application form.

  • The records and books of the First Party shall be considered as acceptable proof with regard to the amounts owed by the Second Party, unless proved otherwise by the Second Party.

  • The First Party may not increase the prices and fees of its service unless the new prices are published in two local newspapers at least one month before the said increase, provided that such increase does not exceed the ones established in the License or the instructions and decisions issued by the TRC in respect thereto. In all cases, the First party shall inform the TRC with any changes to the said fees and prices.

  • The Second Party shall pay all fees and taxes due to the Governmental entities in Jordan and imposed on the service, the First Party shall collect them on behalf of the said authorities.

 

Term of the contract and its validity:

  • The subscription period will commence from the date of supplying the Second Party with the service. The commitment period of the contract will be as defined by the Second Party in the service subscription form.

  • This contract will be automatically renewed for similar period, unless the Second Party sends a notice of termination to the First Party 30 days before the date of termination.

  • The contract can be terminated by written approval of both parties.

 

Service Suspension:

The First Party may suspend the Service temporarily or entirely in any of the following cases:

  • In the event of technical interruption, modification or maintenance to the system, the service is suspended temporarily, provided that the Second Party is informed with the same in advance and the service is reconnected as soon as possible without paying any reconnection fees.

  • The service is suspended temporarily upon the request of the Second Party, provided that he informs the First Party in writing and settle all his due financial obligations per the agreement between both parties.

  • The service is permanently suspended for security purposes and public safety requirements, or if the service is used or allowed to be used in fraudulently manner or in a manner prejudice to the public order.

  • The First Party has the right to stop or suspend immediately the service, either wholly or partially, upon the request of the security and judicial bodies or upon the request of the TRC. In this case, the First Party shall not be held liable for any compensation.

 

Termination of service by the First Party:

The First Party has the right to terminate and rescind this contract without any prior warning or notice to the Second Party in the following events:

  • · Upon the death of the Second Party, in case the second party is an individual, or, upon the bankruptcy of the Second Party, in case the Second Party is a company, unless otherwise agreed upon between the parties.

  • · Upon the bankruptcy or liquidation of the First Party, or in case the License granted to the First Party is cancelled, for any reason, by the TRC or its successors. In the event of voluntary liquidation, the First Party shall inform its customers with its liquidation decision, granted that liquidation will not take effect until after 2 months from the date of informing the customer with the decision.

  • · If the Second Party breaches any provision of the Subscription Contract and/or violates the provisions of the applicable Telecommunications Law, and fails to rectify its status within two weeks from being notified in respect thereto.

  • The First Party may revoke the contract if it becomes aware that the information submitted by the Second Party is incorrect, misleading and/or fraudulent, and the Second Party fails to rectify its status within one week from being notified in writing by the First Party in respect thereto.

 

Termination of service by the Second Party:

The Second Party is entitled to terminate this contract, by sending a notice of termination to the First Party 30 days prior to the contract’s expiry date, provided that all due financial obligations are settled and paid by the Second Party.

 

Complaints, Dispute Resolution and Governing Law:

  • The First Party shall allocate an e-mail address of (support@blink.jo) for the complaints and customers care services, in addition to direct telephone number to receive any complaints on (+962 (6) 4623237). The First Party shall review the complaints and respond thereupon as soon as possible. In the event that any financial claim or problems related to the level of service are established, then the First Party shall, as soon as possible, take the required procedures to refund the amounts subject to mistakes in the invoices within a period not exceeding one month from the date of the complaint’s submission. Also, the First Party shall receive the complaint(s) submitted by the Second Party, whereby the designated person or relevant department at the First Party shall work on solving the same as soon as possible.

  • This contract shall be governed by the applicable laws of the Hashemite Kingdom of Jordan. The courts of Jordan shall have jurisdiction and competence to hear and settle any dispute or difference arising out of the implementation or interpretation of any term or conditions provided for in this contract. The Second Party is entitled to refer any dispute related to the level of service and/or any dispute or difference related to the terms and conditions of this contract to the TRC.

  • The First Party shall be obliged to solve all the complaints addressed to it by the Second Party, provided the rights of the parties provided for in this contract are observed.

  • The Second party is entitled to make a complaint by calling the TRC toll free complaint number (117000).

 

Notices:

  • a. Each notice made by any party of this contract shall have effect if made in writing and delivered to the official addresses mentioned in the application form.

  • b. Each notice mentioned above shall be deemed to have been received if delivered personally, at the time of delivery, and in case of fax or e-mail, it shall be deemed to have been received on the seventh business day following the date of transmission.

 

Miscellaneous:

  • Neither Party may use the other's name, trademark, trade names or other proprietary identifying symbols without the prior written approval of the other party.

  • SECOND PARTY may not assign any of its rights and obligations to another party without first obtaining FIRST PARTY's prior written consent.