1. DEFINITIONS:
The following words and abbreviations shall have the meanings assigned below, unless the context requires otherwise:
“Agreement” shall mean this agreement including applicable CITC Terms of Service.
“CITC” shall mean the Communication Information Technology Commission in the Kingdom of Saudi Arabia.
“ITC or Company"; shall mean the Integrated Telecom Company.
“Equipment” shall mean the equipment required to receive, access and operate the Service(s).
“Service(s)” means services provided by ITC and selected by the Subscriber.
“Subscriber” shall mean the individual, a corporation, or a legal entity who incurs usage charges for the Service(s). for its own use or who incurs such charges on behalf of a third party, a user of the Service(s).
2. ORDER OF PRECEDENCE:
2.1. Service(s) provided by ITC under this Agreement will be governed by CITC Terms of Service of Data and Internet Service Providers and Users 1439 H – 2017 G (available at www.itc.sa/crr) (approved by CITC decision No. (342/1439) dated 27/01/1439H) and this Agreement respectively.
3. SUBSCRIPTION PERIOD:
3.1. Subscriber agrees to subscribe to the Service(s) for a minimum period of six (6) months (the “Initial Term”) starting from the service activation date and will renew automatically for the same periods (each a “Renewal Term”) unless terminated one month before the end of the Initial or Renewal Term or unless terminated as provided for in this Agreement.
4. GENERAL PROVISIONS:
4.1. ITC use the DHCP (Dynamic Host Configuration Protocol) that enables to automatically assign an IP address for the service.
4.2. Title and intellectual property rights to the Service are owned by ITC, its agents, suppliers, affiliates or their licensors or otherwise by the owners of such material are protected by copyright laws and treaties.
4.3. Subscriber shall not resell, share, or distribute the Service or any portion thereof to any third party without the prior express written consent of ITC as this service is offered to serve one residential unit.
4.4. The Subscriber has the right to obtain a copy of this Agreement.
4.5. The Subscriber shall be responsible for the accuracy of the data and information recorded and shall be fully liable for its non-accuracy and shall notify the company about any change thereto.
4.6. ITC shall provide the Subscriber with the required services after the fulfillment of all the service requirements based on technical capabilities available in the Subscriber site and the network resources.
4.7. The Subscriber shall be responsible for protecting the devices offered by ITC against the viruses or spams that may affect the devices. In case the devices failed due to misuse or negligence of the Subscriber, ITC may demand the Subscriber to pay compensation equivalent to the value of damage caused by misuse or negligence.
5. BILLING AND PAYMENTS:
5.1. Subscriber agrees to pay all charges and fees associated with the use of the Service(s) monthly on arrears or in advance as per the Company discretion.
5.2. At the discretion of ITC one or more of the following payment methods shall be made available to the Subscriber to pay for subscribed Services. Cash, credit card auto mandate, ATM or Saddad.
5.3. The Subscriber shall pay the value of the modem and installation and service activation cost offered to him by the Company either in monthly installments or in full value based on the type of service and upon Subscriber request unless the device is offered free of charge as part of a promotion.
5.4. ITC may announce special pricing offers with lower subscription rates, which rates may or may not apply to this Agreement.
5.5. If the Subscriber opt-in for credit card auto payment mandate service, Subscriber’s credit designated credit card shall be automatically charged each time when the subscription fees are due for the subscribed Services.
5.6. In case of cancellation of the credit card assigned under auto payment mandate, at least thirty (30) days prior to such cancellation, the Subscriber must call ITC Customer call center or inform in writing at the nearest ITC office and provide an alternate payment method acceptable to ITC.
6. SERIVICE SUSPENSION AND TERMINATION:
6.1. ITC may suspend or terminate this Agreement, if the Subscriber fail to comply with any term of this Agreement or due to non- payment of the fees by the Subscriber or if requested by CITC.
6.2. The Subscriber’s failure to pay for the entitled fees of the service shall allow ITC to exchange the credit information of the Subscriber with the credit center (SIMAH).
6.3. The subscriber can terminate this contract at any time by calling ITC contact center or by visiting ITC offices, termination shall be subject to penalties if happened before the end date of this agreement.
6.4. If this Agreement is terminated under this clause before its end date, the Subscriber shall pay all penalties specified by CITC for the service, i.e., the difference between the promotional cost offered to customer and the actual cost for the past period, the cost of the devices offered to the Subscriber, the cost of installation and operation expenses offered to Subscriber free of a charge as part of promotion offered by ITC as per the approved policy for each service, if any.
6.5. No penalties will be applied on subscribers if Agreement is terminated during a trial period offered by the company.
7. LIMITATION OF WARRANTY AND LIABILITY:
7.1. Unless expressly stated herein or CITC Terms of Service:
7.1.1. All representations and warranties of any kind express or implied, including, without limitation, any warranties (1) non-infringement or (2) protecting the subscriber from the dangers of the Internet and Hacking (3) of service fitness for other purposes or merchantability, are hereby excluded.
7.1.2. ITC or its content providers shall not be liable for any direct, indirect, incidental, special, punitive or consequential losses or any other foreseeable or unforeseeable loss resulting directly or indirectly in connection with the Service(s) that may be suffered by the Subscriber.
8. ENTIRE AGREEMENT:
8.1. This Agreement constitutes the whole agreement between ITC and Subscriber.
8.2. In case any contradictions between the English and the Arabic version of this Agreement, the Arabic version shall prevail
