FTTP Subscription Contract

Preamble:

• 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 means, 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 be accredited.
• 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 he/she approved.
• 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 the year 1995 and its amendments.

TRC: the Telecommunications Regulatory TRC established under the telecommunications law no. (13) of the year 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 his 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 service of pairing on the internet in high speeds through fiber.

FTTP expression is a general term that means pairing through fiber network for any house (FTTH) or buildings and companies (FTTB).

Subscription contract: these terms and conditions and the subscription form and any other appendices regulating the relation between both parties under which the service is submitted 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 up by the second party to obtain the service intended for subscription.

Force majeure: the exceptional incident that cannot be predicted and avoided, which makes it impossible to implement the commitment, whereas the first party becomes not able to fulfill its commitments under this contract.

License: is the contract or agreement signed between the TRC and the company to allow providing general communication services according to the provisions of the telecommunications law and regulations issued under it.

Communication devices (splitter): is the device that loads data service over the fiber lines. Telecommunication devices takes links form several clients and groups them in one link of high capacity with the worldwide network.

Modem: a device connected to the computer through the wired or wireless network, and from the other terminal it is connected to fiber line. It contains exterior lights that expresses the modem status (locked, connected to computer) which enables the second party to benefit from internet.

1. Service description:
1. the first party provides high speed and incompatible internet through fiber, which extends from the main internet central of the first party to the second party.
2. 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, whereas the second party uses its own devices which are compatible with the service nature technically agreed.
3. the speed of the provided service shall be from 1 M until 1 G , provided that the actual speed is not less than 40% of the contracted speed.
4. the first party provides the service to the second party and maintains the sustainability and quality of service.
5. the first party provides the required technical support in case of receiving complaints from the second party and according to the highest standards
6. in case the monthly capacity granted to the second party consumed, the speed shall be lowered to 512 K/s.
2. Service quality:
1. the first party shall spend all his efforts to provide a service of high quality that enables the second party to benefit from the service according to the First Party commitments that are pursuant to the License which is granted to it.
2. the second party approves that the first party shall not be responsible and in any case for any disconnection, variation or degradation that may happen to the service from one time to the other because of the force majeure conditions. And the first party shall not bear any responsibility for compensating the second party for any loss or damage resulting from misusage of the second party. The second party loses and in all cases his right to object or to request a compensation for that.
3. the first party undertakes to fix the failure as soon as they happen and in compatible with the terms and conditions of the license granted to it within the reasonable period.
3. First party obligations:
1. the first party commits to provide the service to the second party within four weeks as of the date of obtaining all the required approvals and licenses.
2. the first party commits to maintain the confidentiality of the second party’s information and not disclosing them except for the information approved to be disclosed from the second party or the information that are disclosed according to the request of the security and/or the judicial authorities and/or based on an official request by the TRC.
3. the first party undertakes to spend all the possible efforts to reconnect the service in case of any technical failure, emergency, amendments or maintenance, and the first party shall not declare any claims that the service and/or the network is free of defaults.
4. the first party undertakes to spend all the possible efforts to reconnect the service in case of any technical failure, emergency, amendments or maintenance, and the first party shall not declare any claims that the service and/or the network is free of defaults.
   disconnection is caused by the First Party's internal issues (excluding the 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), the compensation will be according to mutual agreement between the two parties, such compensation may include for example and not restricted to refund the subscription fees or making discounts or additional downloads or hours.
5. the first party undertakes to inform the second party in writing for any change upon the address or telephones of the first party and in the manner it considers appropriate.
4. Second party’s obligations:
1. the second party, or its delegates, pledges to inform the first party for any changes upon the information related to subscription
2. the second party commits to pay the service fees according to the prices indicated in the service subscription application form.
3. the second party commits not to use or allow using the service to threaten the public security and safety or in a manner that is contradictory to the laws, regulations, legislations and license.
4. the second party pledges to notify the first party immediately and attach it with a written complaint in case of losing or stealing the terminal device and/or the personal subscription information, in order for the first party to conduct the necessary procedures.
5. the second party pledges to use the service through licensed devices or that obtained the previous TRC's approval, and any breach to that shall result not being able to benefit from the service.
5. Prices, fees and method of payment:
1. as soon as the second party subscribes to the service, he shall pay the subscription fees of the first month or the agreed period according to the tariff determined by the first party which is indicated in the service subscription application form.
2. the first party shall maintain, and upon signing the contract, it’s right to request a refunded deposit amount for the service of subscription provided that in any case, it shall not be more than the expected invoice value of the second party for three months. And the first party has the right to use the deposit amount to cover any expenditures and/or fees not paid by the second party without the need for the approval of the second party for this coverage or deductions.
3. in case the second party terminated the contract for any reason, the first party shall, and after deducting all the due amounts, return the remaining insurances amount for the second party within one month as of the date of terminating the contract.
4. the first party shall send a detailed invoice to the second party at the address determined in the service subscription application form, and all amounts due upon the second party shall be paid within (21) days as of the date of receiving the invoice, and the invoice shall be considered as a notice of payment provided that it contains a clear indication of that.
5. the records and registries of the first party shall be considered as an accepted evidence for the validity of the amount due to it, unless the second party proves the contrary.
6. the first party may not increase the fees and prices of its services unless after announcing in two local daily newspapers about the new fees and prices within a period of not less than one month, provided that they shall not be more than the mentioned in the license conditions or instructions and decisions issued by the TRC. And in all cases, the licensed may inform the TRC of any amendments conducted to these fees and prices.
7. the second party shall pay all the fees and taxes due to the governmental authorities in the Kingdom upon service which the first party collects on behalf of these authorities.
6. Contract period and validity:
1. the contract period agreed between both parties is two years, and the validity shall start from providing the service to the second party.
2. the contract shall be automatically renewed for a similar period unless any of the parties notified the other of its wish to terminate the contract 30 days before the date of termination.
3. 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:

1. the service is temporarily suspended when there is any technical default, amendment or maintenance in the system, provided that the second party shall be informed of that in advance, and that the service reconnected as soon as possible without paying the reconnection fee.
2. the service shall be temporarily stopped based on the request of the second party, provided that it notifies the first party in writing of that and pay all its due financial commitments based on the agreement between both parties.
3. the service shall be completely stopped for security reasons and public safety measures or when using or trying to use the service in a fraud manner or breaching the public morals.
4. The First Party has the right to suspend the Service temporarily or entirely in The case of a written request from the security and Judicial entities or from the TRC.
1. Terminating the contract by the first party:
1. 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 in case it was an individual, bankruptcy in case of being a company unless otherwise is 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 the liquidation was optional, the company shall notify the subscribers of its decision taken to conduct liquidation, provided that the liquidation procedures shall not start unless after sixty days as of notifying the subscribers of that decision.
• When the second party breaches any of the subscription contract clauses and/or when breaching the provisions of the valid telecommunications law.
• If the second party did not pay the invoices due upon it after 14 days from their due date.
2. the first party has the right to void the contract if they discover that any of the information submitted by the second party incorrect and/or misleading and/or for fraud, and the second party did not correct its status within one week as of being notified of that in writing by the first party.
2. Terminating service by the second party:

   The second party has the right to terminate this contract by its sole wellness, provided that it notifies the first party in writing of that thirty days before the date of termination, provided that it pays all the financial commitments due upon him.

3. Complaints and settling disputes:
1. the telephone number 065777730 and email damamax_noc@damamax.jo shall be dedicated for the subscribers' complaints and service. Any complaints shall be reviewed and settled as soon as possible. In case any financial claim or problems related to the level of submitted service were approved, the suitable procedures shall be taken as soon as possible to return any amounts related to mistakes in invoices with a maximum period of one month as of the date of submitting the complaint. The first party received the complaint/complaints submitted by the second party, whereas the concerned person or department among the first party works on settling it as soon as possible.
2. this contract shall be subject to the valid laws in the Hashemite Kingdom of Jordan, and the authorized and specialized courts of the Kingdom shall be responsible for reviewing all the disputes and problems that might result from interpreting or implementing any of the conditions and terms listed in this contract, and the second party has the right to refer to the TRC for any disputes related to the level of service and/or for the purposes of settling any dispute or problem related to the terms and conditions of this contract on the hotline 117000 published on the TRC's website.
3. the first party shall commit to solve all the complaints submitted to it by the second party, with considering both parties rights according to the mentioned in this contract clauses.
4. Notices:
1. every notice issued by the first party to the second party will be valid in case of being in writing only with delivering it to the address or fax mentioned above.
2. every notice of the mentioned above will be considered received by the addressed party in the date of receipt in case delivery was by hand and after one week as of the date of sending if by email or fax.
5. This contract consists of (13) thirteen clause including this one.