Brain Telecommunication Limited (hereinafter ‘the Company’) with great potential, utmost dedication and highest spirit to avail the opportunity to serve its respectable customers (hereinafter ‘the User’) in the field of information technology is now introducing telecommunication Services in the shape of BRAIN TELECOM SERVICES (hereinafter ‘the Service’) described in detail at: www.braintel.net.pk (hereinafter ‘the Website’) at lowest possible charges in order to meet the requirements of all sections of customers and to facilitate them in their personal and commercial communications in this globalized era, subject to the Terms and Conditions described herein below:
The Services is telephony in nature and is being provided to the User through land line based advance technology in order to facilitate the User to communicate with others under due permission of the Pakistan Telecommunication Authority (hereinafter ‘the Authority’). The User will be able to communicate with any one across the world at affordable rates without any unforeseeable interruption. Beside this basic Service the Company has also arranged three other following Services:-
The User may seek any technical support / help regarding the Service and any equipment provided hereunder. The User may call at the help line number 3210-8888 which shall be available 24 hours a day.
The Company shall provide the User assistance in tracing out numbers of any of the person having connection of the Service. The User may call at 3210-8888 to make relevant enquiries.
The Company shall provide the User a basic Public Telephone Access Service for locating emergency numbers i.e., local police, fire brigade and ambulance assistance etc.
The Terms and Condition to use the Service constitute a legally binding contract between the User and the Company. The User hereby accepts all the Terms and Conditions contained in this document and those incorporated by reference in order to access and use the Service. The User further agrees and acknowledges that any access to or usage of the Service in derogation from or contrary to the Terms and Conditions shall be deemed to be completely unauthorized and illegal.
The Company at its own sole discretion may make any change, modification, amendment, alteration, update, addition or deletion in the Terms and Conditions regarding the Service from time to time to reflect changes in the Service, or in order to meet the requirements of amendments in laws, rules, regulations, notifications governing the Service, or for any other reason whatsoever, after giving thirty (30) days notice to the User(s) where permissible, the Company may change the terms and conditions, and the User shall be responsible for reviewing these Terms and Conditions regularly. Further, continued use of the Service by the User after any such change, amendment etc., shall constitute the User's free and express consent to such change.
The User hereby represents/undertakes/affirms and confirms that he is at least 18 years of age and holds a valid Computerized National Identity Card (CNIC) and possesses the legal capacity to enter into this Agreement and to use the Service including any other Services offered by the Company, in accordance with the Terms and Conditions. The User agrees to be financially responsible for all of usage of the Service. The User further agrees to supervise and be responsible for any and all usage of the Service under his name and account, whether authorized by the User or not, by others including but not limited to minors and employees etc. The User also warrants that all information supplied by him or members of his household/business in using the Service, including but without limitation name, CNIC number, e-mail address, home address, telephone number, credit card number, are true and correct. The User acknowledges that providing inaccurate information to the Company may give rise to legal consequences under relevant applicable laws.
The Company reserves the right to change, modify, suspend or terminate the Service, temporarily or permanently, at any point in time in accordance with the Terms and Conditions. The Company shall not be liable in any manner whatsoever to the User or any third party in the event of exercise of its right to change, modify, suspend or terminate the Service. However, the Service will not be disconnected without prior notice to the User. The Company may assign, sell, license, or otherwise transfer to a third party its entire database, including your name, address, email address, and User I.D., in connection with an assignment, sale, joint venture, or other transfer or disposition of all or a significant portion of the assets or stock of the Company subject to permission/approval of the relevant authorities, if any, prescribed by law.
This Agreement for availing the Service from the Company is being executed by the User in his personal capacity or on behalf of his firm, company, corporation or any other entity statutory or non-statutory. The right to use the Service and corresponding duties, obligations, liabilities and benefits thereof shall not be assigned, transferred or subcontracted to any other person, firm, company or entity without obtaining prior written permission of the Company. Transfer of the Service to any other person is strictly prohibited without written permission of the Company. The User may file an application seeking permission to transfer the use of the Service before a person authorized by the Company, the application may be allowed subject to completion of other procedural formalities including deposit of transfer fee and final approval of the Company.
Upon execution, submission of this Agreement with any authorized person, employee or agent appointed of the Company and completion of other requirements/ formalities hereto, and having been finally approved by the Chief Executive of the Company, the same shall be deemed to have commenced between the User and the Company. The same shall remain, valid and operative unless the same is revoked/cancelled by either the User or the Company in accordance with law.
Subject to the qualifications contained herein, the Company shall make all reasonable efforts to ensure continuous availability of the Service to the User. However, the User hereby agrees and acknowledges that the Service due to its technical nature may from time to time be adversely affected by physical features, atmospheric conditions and other causes of interference and may fail or require maintenance without any advance warning or notice. The User also agrees that in any such event, the User shall not have any claim against the Company, whatsoever. The Company shall in case of such eventuality inform the User regarding reasons for the interruption and expected time of restoration of Services in accordance with Regulation 5 and 7 of the Telecom Consumers Protection Regulations 2009.
The Company has introduced a variety of fees / charges / rates in the form of Package(s) to facilitate the User. However, the Company reserves the right to change, revise, reverse or amend the fees / charges / rates at any time. In case the Company decides to increase any fees / charges / rates, it shall inform the customers in advance, by giving them appropriate notice in accordance with Regulation 10 of the Telecom Consumers Protection Regulations 2009.
The Company shall be entitled to ask for cash / security deposits against services to be provided and alternative methods for providing security for payments where required in its opinion, e.g. in cases of high billing i.e. Public Call Office, Call Centers etc. The cash / security deposit amount will be calculated on the basis of three month anticipated charges or alternatively against the following securities:- • Personal Guarantee • Bank Guarantee • Pre approval credit Card • Cash Deposits • Pricing Method The call shall be billed on per minute multiply by relevant rate as contained in Company’s Tariff. The Company shall be entitled to receive security deposit from the Users’ which shall be deemed to be advance against billing. In case of default by the User, the Company shall be entitled to adjust the security deposit against the User’s outstanding dues. During the subsistence of this contract, the Company shall be entitled to use the security deposit received from the Users in any manner considered appropriate by the Company during the course of its business.
Although the Company is using highly advanced and reliable software for its billing section, however if the User alleges that there is an error / mistake in billing, the User may file an application/complaint before an authorized person or send an email to accounts@brain.net.pk. After making requisite probe into the application/complaint, if the same is found to be correct by the Company, the same shall be adjusted in future billing or in case the usage is being terminated, paid back to the User. The security deposit paid by the User shall be refunded to the User after proper reconciliation of accounts within a period of 30 days from the date such request for refund is made by the User.
The User shall be solely responsible for all other expenses/charges for procuring any software, hardware, or internet / broadband connection in order to have access to the Service.
The User shall pay ‘connection charges’ for securing an access to the Service detailed in the schedule of charges published on the Website and available at the head office of the Company.
The User shall pay ‘monthly access charges’ for securing an access to the Service detailed in the schedule of charges published on the Website and available at the head office of the Company.
The amounts mentioned above shall payable by the User to the Company on monthly basis in advance for continuing access to the Service. The aforesaid charges shall continue to be payable by the User to the Company during any period of incidental suspension or disconnection of the Service or requested by the User or by a person acting on behalf of the User, or enforced by the Company in events such as non-payment of its invoices, or misuse of the Service.
Billing charges/invoices shall include all kinds of taxes, duties, tariffs, sales tax, and any other levies payable by the User in accordance with the applicable laws, rules, regulations, enactments and notifications and same shall be received along with access charges against receipts. The User shall also be responsible for, and shall pay, if any, sales tax, with holding, excise, value-added, personal property, public utility whether central, provincial, municipal or local, or any other taxes, fees or charges payable under the applicable law, present or future, that may arise from or as a result of subscription or use or payment for the Service. Such amounts shall be charged in addition to all other charges payable to the Company.
The Company provides the Service on a post paid as well prepaid basis. The Company has arranged a number of modes of payment of dues/billing, whether new or recurring, which are as follows: I. By Cash (a) at head office of the Company, (b) at all authorized branches and (c) with its authorized dealers and agents against a duly signed and sealed receipt. II. By Cross-Cheque (a) at head office of the Company in case of personal delivery, (b) through TCS Service sent to the head office of the Company. (No payment made through a self-cheque shall be acceptable or discharge the User from any liability towards the Company. The User alone shall be responsible for any misuse of a self-cheque) III. By Credit Card Following Credit Cards are accepted by the Company: - a. Visa Card and b. Master Card In order to avail this option, the User shall be bound to provide a valid Credit Card Number to the Company at its head office only. The Company reserves the right to stop or annul this facility at anytime. The User would be under an obligation to promptly inform the Company if the User substitutes his card with a new one or if the card expires or if the User closes his account or changes the credit card billing address or the card is cancelled or replaced or reported lost / stolen.
The Company shall forthwith suspend the Service temporarily at any time in its sole discretion, upon discovering that the Credit Card number provided by the User is invalid or wrong or cancelled under any circumstances or for whatever reasons and shall serve upon the User a Show Cause Notice of 7 days through TCS Service. The Notice shall be served on the address the User has provided to the Company in the Application Form and it shall be deemed to have been rightly served notwithstanding its return un-served on any pretext. The period of 7 days shall commence from the date of dispatch of the Notice. The User shall be bound to submit a written reply or appear in person or through a representative before the authorized person appointed by the Company. The Company may at its sole discretion restore the Service subject to the User making a payment of Rs. 300/- as ‘restoration charges’, along with imposing any other condition on the User as deemed fit by the Company. However, if the User can convince the Company that the fault was on part of the banking company that issued the credit card, the User shall be absolved from making payment of Rs. 300/-. In case the User does not respond in writing and fails to approach the Company within 7 days, the Service shall be permanently terminated. The Company shall be free to resort to any legal means for recovering any amounts owed to it by the User. Whilst in the event of return or dishonoring of a cheque on account of insufficient funds in the account, submitted to the Company by the User or by some other person or organization on behalf of the User under any circumstances or for whatever reasons, the Service shall be suspended temporarily and the User shall be served with a Show Cause Notice of 7 days through TCS Service. The Notice shall be served on the address the User has provided to the Company in the Application Form and it shall be deemed to have been rightly served notwithstanding its return un-served on any pretext. The period of 7 days shall commence from the date of dispatch of the Notice. The User shall be bound to submit a written reply or appear in person or through a representative before the authorized person appointed by the Company. The Company upon being satisfied that the User has made arrangements with the Bank for the encashment of the cross-cheque shall activate/restore the Service subject to payment of Rs. 300/- as ‘restoration charges’ and Rs. 600/- as fine along with imposing any other condition on the User as deemed fit by the Company unless the Company is convinced that the fault was on part of the Bank and the User had made appropriate arrangements for encashment of the cross-cheque in which case the Service shall be reactivated/restored without payment of Rs. 300/-. In case the User does not respond in writing and fails to approach the Company within 7 days, the Service shall be permanently terminated. The Company shall be free to resort to any legal means for recovering any amounts owed to it by the User.
In case of availing the Service under any postpaid package, all invoices of the Company outstanding against the User, if remain unpaid or unsatisfied on the last due date, the Service shall be immediately suspended as an interim measure. A reminder shall be communicated to the User and the User shall be required therein to get the Service restored or reactivated within 90 days subject to full payment of outstanding amount. The User may make payment(s) due along with restoration charges of Rs. 100/-. The Company shall keep the number of the User intact till 90th day of the non-payment of invoice(s) and the period of 90 days shall commence from the 1st day after the due date of payment. However, if the User does not get the Service restored/reactivated, the same shall be terminated permanently after lapsing of the 90th day of non-payment. In this eventuality, the Company also reserves the right to disconnect and terminate the Service to all other connections being directly or indirectly used by the User.
The User shall be responsible for acts and/or omissions and the content of transmissions through or in connection with the Service being used by him, directly or indirectly. In case of Commercial Users, it shall be deemed that the employee/operator in whose use the device was given by any firm, company, corporation or any other entity or its management thereof, if committed any of the below mentioned act or omission, shall be liable to legal consequences along with that firm, company etc., and/or its management, therefore, the User hereby agrees:- (a). to abide by all applicable local, provincial, central and International laws, including all Rules, Regulations and Notifications issued by the Pakistan Telecommunication Authority, governing use of the Service; (b) to ensure that the Service is not used for any illegal purpose; (c) not to use or attempt to use another person's / entity's code, password, account, telephone number, Service, system or other Confidential Access Information without authorization from the owner; (e) to ensure that the Service is not used to stalk, threaten, or harass anyone in any manner whatsoever; (f) that the Company does not endorse content of any communication of the User nor is it responsible for any threatening, libelous, slanderous, obscene, harassing or offensive material contained in such communication, or any crime facilitated by use of the Service; (g). not to interfere or disrupt networks connected to the Service or otherwise attempt to interfere with the proper function of the Service; and In case of any misconduct within the parameters set out hereinabove, the Company shall forthwith, in its sole discretion be entitled to terminate your access to the Service and shall serve upon the User a 7 days “Show Cause Notice”. The User shall be bound to submit a written reply of that Notice within 7 days of the date of its issuance. The Chief Executive Officer or any other person appointed by him on his behalf after consultation with his legal advisor(s) may initiate any action against you in accordance with law, if the Company comes to the conclusion that the User has violated any of the aforesaid provision(s). Further, in such eventuality all other accounts of the User for the Service and any other facility being provided by the Company shall also be terminated forthwith.
The Service provided to the User as a Residential / Non-Commercial user is only for personal use of the User. The User shall not use it for any commercial, governmental, political activity, profit-making or non-profitable ventures under any NGO, including limited business, at home office, business, sales, tele-commuting, telemarketing (including without limitation charitable or political solicitation or polling), autodialing, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that may be inconsistent with normal residential/non-commercial usage or patterns. In case the User or any other person using the Service through the User’s account violates the parameters set out in preceding paragraph, the User shall be held responsible for this misconduct. The User shall also be liable to pay the Company higher rates fixed for Commercial Service on account of all periods, including past periods. The Company reserves the right to immediately terminate the Service, upon discovering that the User has used the Service in contravention to the obligations imposed through contents of this paragraph.
The Company shall provide the User Commercial Service as a Commercial User. The User shall have no right to use the Service for auto-dialing, continuous or extensive call forwarding, call centers (incoming or outgoing), telemarketing (including without limitation charitable or political solicitation or polling), fax broadcasting or fax blasting. The Company reserves the right to immediately terminate the Service, if it is determined, in its sole discretion, that the User and/or any other person using the Service through the User is involved in any kind of activity mentioned above.
The Company shall announce Commercial and Non-Commercial monthly packages for concerned users. The Service is provided on a monthly basis and can be prepaid or postpaid for each month. The monthly plan activation date shall be deemed to be the anniversary date. The monthly plan shall be renewed each month on the anniversary date unless terminated by the User. Notice of termination must be in writing, either in Urdu or English with request for terminating the Services. The request may be emailed to: terminate@braintel.net.pk or mailed to the registered office of the Company which should reach the Company at least two days prior to the anniversary date. Monthly plan fees shall not be prorated and/or refunded for the termination month. Notice of termination received after the required notice date shall be effective for the next anniversary date. A setup fee shall be charged to reactivate plans previously terminated. Requests to upgrade or downgrade a monthly calling plan to a different calling plan must be submitted in writing and emailed to info@braintel.net.pk. Request to change an existing plan must be submitted at least five days prior to the monthly anniversary date. Requests to upgrade or downgrade a monthly plan are not automatic and are subject to approval by management of the Company. Existing monthly plan users that receive approval from the Company to change to a more expensive (upgrade) monthly plan may do so without having to pay another setup fee. Existing monthly plan users that receive approval from the Company to change to a less expensive (downgrade) monthly plan may do so subject to payment of the prescribed setup fee. The User may send above-mentioned request through registered post or courier Service to the Company at its registered office at the following address:- 730 NIZAM BLOCK ALLAMA IQBAL TOWN LAHORE The User may, the relevant information from the Toll Free Number 0800-22288 or fax its queries/requests to 042-32101010.
Any telephone number(s) (hereinafter ‘the Number’) provided by the Company to the User shall continue to be the sole property of the Company at all times. No right shall accrue in favour of the User in respect of the Number allotted/issued to the User. The Number is not portable to other Service providers, if any. The User shall not use the Number through any other device other than the approved equipment (hereinafter ‘the Equipment’) without getting written permission of the Company. The Company reserves the right to change or cancel the Number at its sole discretion. Upon expiration, cancellation or termination of the Service for any reason whatsoever, the Company shall be entitled to reallocate/issue the Number to any other user.
The Company shall provide the User technical support at its sole discretion limited to the Service and the Equipment provided hereunder. Technical support shall be provided from the Company’s premises via email.
The Company reserves all rights and powers in its sole discretion to terminate/disconnect access of the User to the Service and terminate this Agreement without any notice, if the User or any other person whether with or without the consent of the User is found to have committed any violation of the parameters set out in these Terms and Conditions as amended from time to time. Further, the Company shall not be liable to the User or any third party claiming through the User for termination of the Service in any way whatsoever. Subject to the above, the Company shall have a right to suspend or disconnect any service after giving a 15 day notice to the User.
The User agrees to defend, indemnify and hold harmless Brain Telecommunication Limited, its directors, officers, shareholders, affiliates, agents, successors, assigns and vendors, from any claims or damages relating to this Agreement or a breach or violation of this Agreement.
The Company shall take all reasonable steps to offer and support 15 or any other emergency functions provided by PTCL.
The Company hereby disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement to the full extent permissible by law. The Company does not warrant that the Service, or e-mail sent from the Company are free of viruses or other harmful components. The Company shall not be liable for any damages of any kind arising from the use of or inability to use this site, including, but not limited to direct, indirect, incidental, punitive, special, exemplary and consequential damages. The Company shall not be liable for any direct, indirect, consequential, incidental or special damages, whether foreseeable or not, which may result from use or access to the Service. The User hereby understands and agrees that the use of the Service is at his sole risk and is on an "as is" and "as available" basis. The User further understands and agrees that he shall be solely responsible for any damage resulting from your use of the Service, including damage to computer system or loss of data that results from material or data that is downloaded or any conversation made while using the Service. The Company shall not be responsible for any content on the World Wide Web otherwise than its own website. The Company makes no representations as to the quality, suitability, functionality or legality of any sites to which it may provide links, and the User hereby waives any claim he/she might have against the Company in this context..
In no event the Company, its directors, officers, employees, staff, affiliates, agents, successors, assigns and/or any other Service providers who furnishes Services to the User in connection with this Agreement shall be liable for any incidental, indirect, special, punitive, exemplary or consequential damages, or for any other damages, including but not limited to loss of data, loss of revenue or profits, or arising out of or in connection with the use or inability to use the Service, including inability to be able to dial 15 or to access emergency Service personnel through the Service. The limitations set forth herein apply to claims founded in breach of Agreement, breach of warranty, product liability, tort and all other theories of liability and apply whether or not the Company was informed of the likelihood of any particular type of damages.
In case of any dispute or differences connected with this Agreement arise between the parties hereto which cannot be settled amicably, the same shall be referred to Arbitration which shall be conducted at Lahore. This Agreement shall be governed by the laws of Pakistan. The Courts at Lahore shall have exclusive jurisdiction over any dispute arising between the User and the Company.
The Company shall take all reasonable steps to ensure privacy of communications of the User(s) over its network at all times.
The Company shall take all reasonable care to ensure that information of the User provided to the Company is kept confidential at all times.
In the event that any provision of this Agreement is held to be invalid/unenforceable by any Court of competent jurisdiction, that provision shall cease to be a part of this Agreement, however, this shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of any party to insist upon or enforce strict performance by the other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same shall remain effective, valid and applicable in full force. The Company reserves its right to sell, assign and transfer its rights and obligations under this Agreement in any manner permissible under law whereupon the Company shall be relieved of any further obligation hereunder. This Agreement and any modifications of this Agreement by the Company as provided above, constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior negotiations, agreements and understandings, if any.
By accessing the Service, the User agrees to receive electronic documents, billing reports, statements and records (electronic records) in lieu of paper documents, statements and records from the Company. Electronic records of the User will be emailed to the e-mail address provided by the User the Company. By accessing this site and using the Service, the User also agrees to the use of electronic signatures in lieu of (and in addition to) wet-ink, physical signatures. The User may request a paper copy of any electronic record sent by the Company by sending an email request to info@braintel.net.pk or by sending a written request to the Company. The User shall be charged Rs. 50/- for every paper record requested. The User may withdraw your consent to receive electronic records from the Company by sending an e-mail message to info@braintel.net.pk or by sending a written letter to the Company. The User shall be charged Rs. 50/- as cancellation of consent fee. This consent applies to all electronic records that the Company may send to the User. However, any withdrawal of this consent shall not affect the legal effectiveness, validity or enforceability of any electronic record provided by the Company to you prior to the withdrawal of such consent. If the User changes the e-mail address to receive electronic records, the User must notify the Company of his new e-mail address by sending an email message to info@braintel.net.pk or by sending a written letter to the Company.
By signing and submission of this Agreement, it shall be deemed that the User has understood all of the Terms and Conditions and the User agrees with the contents of this Agreement. The User hereby acknowledges that: a. he has the capacity/authority to enter into this Agreement, b. he has read and understood these Terms and Conditions; and c. these Terms and Conditions have the same force and effect as a signed and legally binding contract.