These terms and conditions were issued by the company and approved by the TRC. The company has the right to amend these terms and conditions provided that it obtains the previous approval of the TRC, and these amendments shall become valid 30 days after announcing them in the media, or after sending a copy of them to the subscriber, unless the subscriber objected in writing on these amendments to the TRC or company before the end of the 30 days.
These terms and conditions are issued in both Arabic and English, and in case of differences between them the Arabic version shall prevail.
The company provides service to the subscriber according to the provisions of the license granted to it by the TRC.
The subscriber approves reading and understanding these terms and conditions before signing the contract and accordingly approves.
The preamble of this contract shall be considered part and parcel of it and shall be read with it as one unit.
1. Definitions:
Telecommunications Law: The Telecommunications Law No. (13) of 1995 and its amendments.
TRC: The Telecommunications Regulatory Commission established under the Telecommunications Law No. (13) of 1995 and its amendments.
The Company: Modernity for Telecommunications and Technology, referred to hereinafter as the First Party.
Subscriber: The natural or legal person or their deputy who signs the subscription application form after reading and approving all the terms and conditions identified below, referred to hereinafter as the Second Party.
Service: The high-speed internet service through fiber.
FTTP: A general term that means fiber-to-the-premises, including FTTH (home) and FTTB (buildings/business).
Subscription Contract: These terms and conditions, the subscription form, and any other appendices regulating the relation between both parties under which the service is provided to the Second Party.
Service subscription application form: The form attached to the contract, which indicates the data of the service applicant and the description of the requested service, which is filled in by the Second Party to obtain the service intended for subscription.
Force Majeure: An exceptional incident that cannot be predicted or avoided, which makes it impossible to implement the commitment, where the First Party becomes unable to fulfill its commitments under this contract.
License: The contract or agreement signed between the TRC and the Company to allow providing public communication services according to the provisions of the Telecommunications Law and regulations issued under it.
Communication devices (splitter): The device that carries data service over fiber lines and aggregates links from several clients into one high-capacity link to the global network.
Modem: A device connected to the computer via wired or wireless network, and from the other terminal connected to the fiber line. It has indicator lights expressing modem status (locked, connected to computer) which enables the Second Party to benefit from internet.
1. Service description:
The First Party provides high-speed internet through fiber, extending from the First Party’s main internet central to the Second Party.
The First Party shall install its communication devices at the Second Party’s location to terminate the fiber line, then the Second Party is served through fiber lines extended inside the building, whereas the Second Party uses its own devices that are technically compatible as agreed.
The speed of the provided service shall be from 1 Mbps up to 1 Gbps, provided that the actual speed is not less than 40% of the contracted speed.
The First Party provides the service to the Second Party and maintains the service’s sustainability and quality.
The First Party provides the required technical support in case of receiving complaints from the Second Party and according to the highest standards.
In case the monthly capacity granted to the Second Party is consumed, the speed shall be lowered to 512 Kbps.
2. Service quality:
The First Party shall exert all efforts to provide a high-quality service that enables the Second Party to benefit from the service according to the First Party’s commitments pursuant to the License granted to it.
The Second Party acknowledges that the First Party shall not be responsible for any disconnection, variation or degradation that may happen to the service due to force majeure, and shall not bear any responsibility for compensating the Second Party for any loss or damage resulting from misuse by the Second Party. In all cases, the Second Party loses the right to object or request compensation for that.
The First Party undertakes to fix failures as soon as they happen and in compliance with the terms and conditions of the license granted to it within a reasonable period.
3. First party obligations:
The First Party commits to provide the service to the Second Party within four weeks as of the date of obtaining all required approvals and licenses.
The First Party commits to maintain the confidentiality of the Second Party’s information and not disclose them except for information approved to be disclosed by the Second Party or information requested by security and/or judicial authorities and/or based on an official request by the TRC.
The First Party undertakes to exert all possible efforts to reconnect the service in case of any technical failure, emergency, amendments or maintenance, and shall not claim that the service and/or the network is free of defaults.
The First Party undertakes to exert all possible efforts to reconnect the service in case of any technical failure, emergency, amendments or maintenance, and shall not claim that the service and/or the network is free of defaults.
If disconnection is caused by the First Party’s internal issues (excluding cases where the Service is disconnected due to maintenance, modifications, and expansions on the network, provided that the Second Party is informed in advance within a reasonable period of time), compensation will be according to mutual agreement between the two parties and may include, for example and not limited to, refunding subscription fees, discounts, additional downloads or hours.
The First Party undertakes to inform the Second Party in writing of any change to the address or phone numbers of the First Party in the manner it considers appropriate.
4. Second party’s obligations:
The Second Party, or its delegates, pledges to inform the First Party of any changes to information related to the subscription.
The Second Party commits to pay the service fees according to the prices indicated in the service subscription application form.
The Second Party commits not to use or allow using the service to threaten public security and safety or in a manner that contradicts laws, regulations, legislations and the license.
The Second Party pledges to notify the First Party immediately and attach a written complaint in case of losing or stealing the terminal device and/or personal subscription information, so the First Party can take necessary procedures.
The Second Party pledges to use the service through licensed devices or devices that obtained prior TRC approval; any breach may result in not being able to benefit from the service.
5. Prices, fees and method of payment:
As soon as the Second Party subscribes to the service, they shall pay the subscription fees of the first month or the agreed period according to the tariff determined by the First Party as indicated in the application form.
Upon signing the contract, the First Party maintains the right to request a refundable deposit amount for the subscription service, not exceeding in any case the expected invoice value of the Second Party for three months. The First Party has the right to use the deposit to cover any unpaid expenditures and/or fees without the need for the Second Party’s approval.
If the Second Party terminates the contract for any reason, the First Party shall, after deducting all due amounts, return the remaining deposit to the Second Party within one month as of the date of termination.
The First Party shall send a detailed invoice to the Second Party at the address determined in the application form, and all amounts due shall be paid within 21 days as of the date of receiving the invoice. The invoice shall be considered a notice of payment provided that it clearly indicates so.
The records and registries of the First Party shall be considered accepted evidence of the validity of the amount due, unless the Second Party proves otherwise.
The First Party may not increase the fees and prices of its services unless it announces the new fees and prices in two local daily newspapers at least one month in advance, provided that they do not exceed what is mentioned in the license conditions or the instructions and decisions issued by the TRC. In all cases, the licensee may inform the TRC of any amendments made to these fees and prices.
The Second Party shall pay all fees and taxes due to governmental authorities in the Kingdom upon the service, which the First Party collects on behalf of these authorities.
6. Contract period and validity:
The contract period agreed between both parties is two years, and validity starts from providing the service to the Second Party.
The contract shall be automatically renewed for a similar period unless either party notifies the other of its wish to terminate the contract 30 days before the termination date.
It is allowed to terminate the contract within the contractual period with the written approval of both parties.
7. Service Suspension:
The First Party has the right to suspend the service completely or temporarily in the following cases:
The service is temporarily suspended when there is any technical default, amendment or maintenance in the system, provided that the Second Party is informed in advance, and the service is reconnected as soon as possible without paying the reconnection fee.
The service may be temporarily stopped based on the Second Party’s request, provided that it notifies the First Party in writing and pays all due financial commitments based on the agreement between both parties.
The service shall be completely stopped for security reasons and public safety measures or when using or trying to use the service fraudulently or in breach of public morals.
The First Party has the right to suspend the Service temporarily or entirely in case of a written request from security and judicial entities or from the TRC.
2. Terminating the contract by the First Party:
The First Party has the right to terminate and void the contract without the need to notify the Second Party in the following cases:
The death of the Second Party if an individual, or bankruptcy if a company, unless otherwise agreed.
Upon the bankruptcy or liquidation of the First Party or cancellation of the license granted to it by the TRC or its successors for any reason. In case of voluntary liquidation, the company shall notify subscribers of its decision, provided that liquidation procedures shall not start until sixty days after notifying subscribers.
When the Second Party breaches any of the subscription contract clauses and/or breaches the provisions of the valid Telecommunications Law.
If the Second Party does not pay invoices due within 14 days from their due date.
The First Party has the right to void the contract if it discovers that any of the information submitted by the Second Party is incorrect and/or misleading and/or fraudulent, and the Second Party does not correct its status within one week as of being notified in writing by the First Party.
Termination by the Second Party: The Second Party has the right to terminate this contract at its sole discretion, provided that it notifies the First Party in writing thirty days before the termination date and pays all financial commitments due.
3. Complaints and settling disputes:
Phone number 065777730 and email damamax_noc@damamax.jo are dedicated for subscribers’ complaints and service. Any complaints shall be reviewed and settled as soon as possible. If any financial claim or problems related to the service level are approved, suitable procedures shall be taken as soon as possible to return any amounts related to invoice mistakes within a maximum period of one month from the complaint date. The First Party receives complaints submitted by the Second Party, and the concerned person/department works on settling them as soon as possible.
This contract is subject to the valid laws in the Hashemite Kingdom of Jordan, and the authorized and specialized courts of the Kingdom are responsible for reviewing all disputes and problems that might result from interpreting or implementing any of the conditions and terms listed in this contract. The Second Party has the right to refer to the TRC regarding disputes related to the level of service and/or for settling any dispute or problem related to the terms and conditions of this contract via the hotline 117000 published on the TRC’s website.
The First Party shall commit to solve all complaints submitted by the Second Party, considering both parties’ rights according to this contract.
4. Notices:
Every notice issued by the First Party to the Second Party will be valid only if in writing and delivered to the address or fax mentioned above.
Every such notice will be considered received on the date of receipt if delivered by hand, and after one week as of the sending date if by email or fax.
5. This contract consists of thirteen (13) clauses including this one.
