Common use of PROVISION AND USE OF THE SERVICES Clause in Contracts

PROVISION AND USE OF THE SERVICES. 3.1 AIRTEL hereby reserves the right to vary the terms and conditions of this Contract at any time. 3.2 Subject to the provisions of this Contract AIRTEL will provide the CLIENT with a SIM Card and take all reasonable steps to make the Prepaid Services available to the CLIENT. 3.3 Mobile phone numbers shall be allocated by AIRTEL subject to availability and in accordance with existing guidelines and regulations of the Communications Authority (or any other relevant regulatory authority). AIRTEL reserves the right to offer, withdraw and change such mobile phone number(s) as may be allocated upon giving adequate notice to the CLIENT. 3.4 The Service is not fault free and the quality and availability of the Service may be affected by factors outside the control of AIRTEL including but not limited to local geographic and physical obstruction atmospheric conditions and other causes of radio interference as well as faults in other telecommunication networks to which the network is connected or dependent. The network and the Service may also from time to time require upgrading, modification, maintenance or other works that may also result in the Service or any part thereof becoming temporarily unavailable. 3.5 On activation, the CLIENT will be entitled to the quality of service generally provided by a competent mobile telecommunications service provider exercising reasonable skill and care. 3.6 AIRTEL may suspend services or any part thereof without giving the CLIENT notice if AIRTEL has good reason to believe that the CLIENT has not complied with one or more of the terms of this Contract. 3.7 AIRTEL will exercise all reasonable endeavors to maintain the content but the content may be complete out of date or inaccurate and it is provided on an “as is” basis and the CLIENT hereby acknowledges that AIRTEL will not be liable for any action the CLIENT takes in reliance on the content. 3.8 AIRTEL may vary the content or the technical specification of the Service from time to time and will advise the CLIENT accordingly without creating an obligation to do so. 3.9 The CLIENT is solely responsible for evaluating the accuracy and completeness of the content and the value and integrity thereof and accordingly AIRTEL will not be a party to or in any way responsible for any transaction concerning the content or defects therein. 3.10 The coverage maps issued by AIRTEL are estimated but not guaranteed of the availability of the Service or coverage by the network which may vary from place to place. 3.11 AIRTEL hereby reserves the right at any time during the term of this CONTRACT to transfer the benefit of this Contract or the CLIENT’s account(s) to any other provider of similar services. 3.12 The rights relating to the software in the SIM Card are the property of AIRTEL. The SIM Card is supplied to the CLIENT under license by AIRTEL for the proper use with the services only. The CLIENT may not copy, change or re-engineer the software in any manner whatsoever. AIRTEL reserves the right at any time to substitute or replace the SIM Card at no cost to the CLIENT. 3.13 In the event of the loss of the SIM Card, AIRTEL shall at the CLIENT’s request and after verifying the CLIENT’s identity replace the SIM Card provided that AIRTEL may require the CLIENT to pay such fee as it may determine the loss or stolen SIM Card is replaced. 3.14 The SIM Card shall be automatically deactivated if the wrong PIN Code is entered three consecutive times. If the CLIENT is for any reason unable to access the AIRTEL Network because the SIM Card has been deactivated for this reason, AIRTEL may at the request of the CLIENT and after carrying out such investigations as it deems fit reactivate the SIM Card. The SIM Card can be reactivated by calling the AIRTEL call center and AIRTEL shall be entitled to charge the CLIENT such fees as it shall deem fair for reactivating the SIM Card. 3.15 AIRTEL shall not be liable to the CLIENT or any parties dealing with the CLIENT for any indirect or consequential loss or damage to them including without limitation any loss or damage arising from business interruption arising from the use of the Service, the network or howsoever caused. 3.16 Any intellectual property rights shall remain the property of the respective content providers, software, suppliers or AIRTEL as the case may be. 3.17 The CLIENT may in the event of any complaint or dispute with AIRTEL with regard to the Service or network contact the customer care department of AIRTEL the telephone number which shall from time to time be provided. 3.18 In the event that the Prepaid Services are used in conjunction with other services provided by AIRTEL or a third party service provider, the subscriber accepts and shall be liable to comply with the applicable terms and conditions for such other services.