Terms & conditions for providing postpaid mobile services
The terms & conditions mentioned herein shall form part of the Airtel Subscriber Enrolment Form (SEF)) signed by the Subscriber.
“Bharti Airtel Lanka (Private) Limited” (hereinafter referred to as "Airtel”) means a company incorporated under the Companies Act No.17 of 1982 and re-registered in terms of Act No. 7 of 2007 (Company No: PV 10652) and having its registered office at 11th Floor, West Tower, World Trade Centre, Echelon Square, Colombo 1.
"Subscriber” means a person/ company/ firm/ or other association of persons who has subscribed for Services under the SEF. The SEF binds the Subscriber and whenever and wherever applicable its/ her/ his/ heirs or executors administrators, successors, and permitted assigns.
“Equipment” means GSM compatible mobile telephone Equipment. The Equipment shall be of a type/ model certified and approved by the Telecommunications Regulatory Commission of Sri Lanka ( hereinafter referred to as the TRCSL ).
"Services” means the Information and Communication Technology Services including telecommunication provided through voice, data and other means which enables the Subscriber to use the Network of Airtel.
“Network” means the cellular mobile telephone Network of Airtel.
“Tariff” means the Tariff schedule and shall include, but not be limited to the airtime, processing fee, usage charges and related conditions as notified and published by Airtel from time to time for providing Services and value added/ supplementary Services, wherever applicable.
“SubscriberIdentification Module” (hereinafter referred to as "SIM”) means the non-transferable activation device, being a card or microchip programmed with data, which is utilized by Airtel to enable the Subscriber to gain access to the Network of Airtel.
“Service Area” means the area covered by the Network of Airtel where the Services are provided.
“Connection” means an active Connection on the AirtelNetwork.
The Subscriberis required to complete the SEF and furnish proof of identity i.e. National Identity Card (NIC), driving license (DL) or passport (PP) and where the service provider is. If the opinion is that the photograph in the Identity card of the relevant Subscriber does not tally with the Subscriber’s photograph in the NIC, DL or PP, the new mobile Connection will be provided only after the Subscriber obtains a new photograph as per the directions of the Telecommunications Regulatory Commission of Sri Lanka.
The Subscriber expressly agrees and hereby provides the consent to verify the authenticity of the particulars related to the National Identity Card via the information system of the Department for Registration of Persons.
The Subscriber enrolment period shall commence upon the acceptance of a duly completed Subscriber Enrolment Form (SEF) signed by the Subscriber which shall constitute a legally binding agreement between the Subscriber and Airtel, and shall continue until it is terminated under the terms of this SEF, and shall be subject to the applicable laws, by-laws, rules, regulations, notifications, orders and directions of the government, regulatory authorities, courts, tribunals and any other relevant institutions and specifically to the terms and conditions in the SEF.
Obtaining and utilising the Services.
The Subscriber is required to complete the required forms, Including the SEF besides furnishing other particulars as required by Airtel to become eligible for subscribing to the Services rendered by Airtel. The Subscriber shall pay to Airtel the activation charges and levies, as published and notified by Airtel and shall be governed by the rules, regulations, directions and approvals of the Telecommunications Regulatory Commission of Sri Lanka (TRCSL) from time to time as specified by Airtel.
The activation of the new SIM shall be done within a reasonable time and subject to the correctness of the particulars given in the SEF. Airtel reserves the right to seek/verify the particulars provided in the SEF and to carry out other verifications deemed necessary in the event of any information provided by the Subscriber is found to be incorrect at any time, Airtel shall have the right to refuse activation or to suspend/disconnect the service without any prior notice to the Subscriber.
The grant of Connection and subscription to the Services is at the sole discretion of Airtel, and Airtel reserves the right to reject any application for any reason and/or without any liability, whatsoever. The information provided by the Subscriber and/or gathered by Airtel shall become Airtel’s property even if the application is rejected.
Airtel will allocate a mobile number at its sole discretion and connect the SIM to the Network and shall use all reasonable endeavours to maintain the Connection and provide Services to the Subscribers throughout the contract period. The cellular number is and shall always remain the sole property of Airtel. The Subscriber shall not claim any right, title or interest to the same upon termination and/ or deactivation or temporary suspension of service.
In the event the service quality, functionality, availability and/or reliability is affected, Airtel may be compelled to limit, suspend, vary or disconnect the service, whole or in part at any time, in its discretion without any liability for the following:
Rules, regulations, orders, directions, notifications, etc. of the government and/or the TRCSL, including charges thereto, and/or prohibiting and suspending the rendering of such Services
During technical failure, modification, upgradation or variation, relocation, repair and/or maintenance of the systems/Equipment.
To combat potential fraud, sabotage, wilful destruction, etc.
In the event of delayed payment/non-payment of bills beyond the due date or non-deposit of any applicable fee, charge or deposit, etc. or any increase thereof, Airtel reserves the right to totally or partially disconnect the Services with or without notifying in case of non-payment of the bill by due date or in case the cheque deposited with Airtel by the Subscriber towards payment of the bill is dishonoured. Although no notice is mandatory, a SMS message sent or call warning notified to the Subscriber on the telephone number or any other verbal or written communication shall be construed as due notice in this regard. In case of such disconnection effected, the Subscriber shall have to apply for reactivation of his/her Connection for subscription to the service, after having absolved the Subscriber of the due payment Airtel reserves the right to charge for such reactivation at such rates as may be determined from time to time. Without prejudice to the generality of the above, it shall be the sole discretion of Airtel to allow or refuse such reactivation.
Airtel has the right to assign the credit limit to usage of the service and/or value added/supplementary Services availed by the Subscriber as per internal policy. In the event of the Subscriber exceeding the credit limit, the Subscriber will be responsible to forthwith make an interim payment (full or partial) to continue to avail the Services without any disruption. Airtel further reserves the right to totally/partially disconnect the Subscriber’s Connection. In the event the Subscriber has exceeded the assigned credit limit, the Subscriber will be responsible to pay for all calls made and Services obtained even beyond the stated limit. However, Airtel reserves the right not to bar the service in its sole discretion and any such allowances made by Airtel shall not create any right in favour of the Subscriber to such increased amount of credit limit in future.
If Services are used in any manner which violates any laws, rules, regulations, etc. or adversely affects or interferes in any manner, the rendering of the Services by Airtel.
Any discrepancy/ incorrect particular(s) provided by the Subscriber
Breach of any term or condition of this SEF on the part of the Subscriber.
If rendering of Services becomes impossible in view of the problems arising on account of interconnection between Airtel and other telecom service providers.
Any other reason, which is found to be reasonable by Airtel warranting suspension/disconnection
Force majeure circumstances.
To assist Airtel in maintaining the quality of service, the Subscriber shall comply with all applicable legislations and regulations. The Subscriber shall also comply with any directions issued by Airtel, which relates to the Network, the Services or matters connected thereto and provide Airtel with all information and co-operation that Airtel may reasonably require. The Subscriber shall not use the Services for any improper, immoral or unlawful purposes under any circumstance.
The Subscriber has understood that depending upon different plans/ schemes chosen by the Subscriber as mentioned in the declaration form attached herewith the SEF, the changes/ fees etc. and additional terms and conditions applicable thereto will be binding on the Subscriber. The plan/ scheme opted by the Subscriber may be extended or withdrawn by Airtel at its sole discretion at any point of time, subject to TRCSL regulations/directions.
Not all the value added/ supplementary Services available with Airtel can be made available on this Connection. The Subscriber shall while subscribing to the Services, make enquiries as to the value added/supplementary Services available with Airtel postpaid Connection. Value added/supplementary Services are chargeable only after intimation to the Subscriber and obtaining the Subscriber's explicit consent for subscribing/ availing the said service(s). Each value added/ Supplementary service is to be separately applied for.
Billing and payment.
The billing cycle for the Services or value added or supplementary Services shall run on a frequency as be decided by Airtel from time to time and bills shall be sent to the Subscriber accordingly. It is incumbent on the Subscriber to enquire about dues and settle the same even in case of non-receipt of the monthly bill for any reason whatsoever.
Bills will be sent to the address ("billing address') of the Subscriber mentioned in the SEF which is duly notified to Airtel, in terms of clause 5.0. Any notice given to the billing address shall be deemed to have been properly given and received by the Subscriber, where Airtel has sent to the billing address. Notices and communications referred in this clause include any notice given during the enrolment period of this SEF or after its termination and will include any communication with regards to letters of demand, summons, judgements, decrees issued by court. The Subscriber expressly agrees and undertakes that he shall be precluded from contesting that no notice or communication has been received by him if same has been sent in accordance with the provisions of this SEF. In the event of a change of address the Subscriber shall notify Airtel in writing along with such proof as may be deemed necessary by Airtel. Airtel shall not be responsible or liable for non-receipt of bill by the Subscriber, sent prior to Subscriber informing Airtel of change in address and the Subscriber shall be liable to make payment in respect of such bill(s) before due date.
All charges and other sums including applicable taxes as specified in the bills issued by Airtel shall be paid by the Subscriber on or before the prescribed due date as specified in the bill. All charges must be paid in full without any deduction, set-off or withholding. All payments must be made to Airtel and in the event of cheque payments, the cheque should be drawn in favour of Bharti Airtel Lanka (Private) Limited.
The Subscriber must pay to Airtel the subscription charges, call charges, opted value added/Supplementary service charges, access charges, landline charges, advance monthly rental(s), IDD charges, all related taxes, roaming charges and other payable charges for the Services as published and notified by Airtel from time to time. In case any charges are disputed, the Subscriber shall intimate Airtel within two (2) days of receipt of bills. In case of non-receipts or such information, the charges shall be deemed to have been accepted.
The present rate of deposits, rentals, advances, Connection charges, airtime/ call charges and other payable charges are set out in the "Tariff schedule” as notified by Airtel. Airtel shall have the option of varying the Tariff including charges for value added Services/ supplementary Services and any other conditions of service without giving any prior notice, subject to TRCSL regulations/ directions.
Airtel is entitled to add, alter or withdraw any value added/ supplementary service(s) and/or charges etc. relating thereto at any time, in its sole discretion within the realm of TRCSL regulations. Provision of value added/ supplementary Services, etc. shall be on such other/ additional terms as specified by Airtel from time to time.
All discounts or other special benefits pertaining to the Services announced by Airtel from time to time shall have a time limit as decoded by Airtel. Airtel shall further have the sole right to withdraw/ vary/ extend any/ all such discounts and/ or benefits etc. at any time without incurring any liability whatsoever, within the realm of TRCSL directions and regulations.
In case of a lost/misplaced/stolen SIM, the entire liability/exposure, financial or otherwise, of the lost/misplaced/stolen SIM will be borne by the Subscriber. In such an eventuality the Subscriber shall inform Airtel immediately in writing. This notification will authorise Airtel to suspend the Services. The loss of or inability to use the Equipment shall not absolve the Subscriber from the liability to pay outstanding charges etc. in the event that the SIM card has to be replaced for whatsoever reason, the same shall be done by Airtel subject to receipt of applicable charges and necessary documents.
It is agreed where a security deposit has been paid by a Subscriber, Airtel is entitled to retain the same and apply, as it decides in its sole discretion, in full or partial satisfaction of any sums due from the Subscriber to Airtel. At the cessation and/or termination of Services, provided all sums payable to Airtel have been duly paid the balance (if any) of the security deposits will be repaid to the Subscriber on fulfilment of such conditions as may be intimated by Airtel Limited. No interest will be paid on the deposit by Airtel. Airtel further reserves the right to adjust the security deposit of one mobile number against the outstanding of any other mobile number of the same Subscriber.
The call pulse rate and all other applicable charges or fees shall be governed by the rules and regulations as specified by regulatory authorities, particularly TRCSL , from time to time and/or specifically specified by Airtel.
Itemised/ detailed monthly bill shall be made available on request and is chargeable in nature at such rate as may be decided by Airtel from time to time, within the realm of TRCSL directions and regulations.
Any increase/addition/introduction of taxes and/or levy of any taxes, duties or any other statutory charges etc. (present/future) shall be to the Subscriber's account without any notice to the Subscriber and shall at all times deemed to be part of Tariff.
Charges for delayed payment
The payment against monthly bills beyond the due date shall entail surcharge, or such other rate/fixed amount as may be decided by Airtel from time to time, over the payment due, from the date it became due till the actual amount of payment. Although no notice is mandatory, a call warning or SMS message may be made/sent to the number of the Subscriber to notify the Subscriber about expiry of the due date. In case payment is made after the due date, applicable discount/benefits will stand withdrawn from that bill. This however is without prejudice to the rights of Airtel to suspend or disconnect the Services partially or fully due to non-payment. In case of such disconnection, the Subscriber shall have to pay for re-activation of the Services and Airtel shall have the right to either re-activate the Connection on payment of such re-activation charges by the Subscriber as may be fixed from time to time, or to refuse re-activation.
Privacy of communication is subject to government regulations, the terms of the License Agreement of Airtel and other statutory and regulatory factors. The Subscriber specifically agrees that in order to facilitate Airtel to provide Services, Airtel may be required to disclose any information or particulars pertaining to the Subscriber to courts or any authority, statutory or otherwise, including but not limited to any debt collection agency, credit reference agency, security agency, financial institutions including banks and reserves the right to comply with directions of such authorities at its discretion and without intimating the Subscriber.
Sale or Transfer
The Subscriber is not entitled to transfer/ assign/ lease the SIM card(s) mobile phone number to any other person under any circumstances. The SIM always remains the property of Airtel. Any transfer/assignment/lease effected in contravention of the express terms contained herein, shall not absolve the Subscriber of the primary duty towards Airtel for usage charges levied against the Subscriber. Further, acceptance of bill payments by Airtel from the person other than the Subscriber does not mean acceptance of transfer/assignment/lease of any rights or obligation of the Subscriber to such person making the payment.
Suspension and disconnection
Notwithstanding anything contained herein, Airtel shall be entitled to immediately terminate this SEF and/or wholly or partially disconnect the Services to be provided pursuant to the SEF, on the occurrence of any of the following, without any liability to Airtel,
The government, TRCSL or any regulatory authority, suspends, terminates, nationalises or takes over the license or the Services temporarily or otherwise.
At any time the Subscriber fails to satisfy the requisite credit checks or provides fraudulent information to Airtel pursuant to which Services have been provided.
The Subscriber fails to pay its subscription or the charges due.
Airtel reserves the right to terminate the subscription of any Subscriber who is not competent to enter into any contract.
If the Subscriber commits a breach of any of the terms and conditions of this SEF.
Airtel is unable to make the Network available for any reason specified in clause (4.5) hereinabove.
The condition or consequences of force majeure continue for such length of lime that further performance of SEF would be commercially frustrating.
Termination of the SEF under the preceding provisions shall be without prejudice to any right or remedy available to terminating party under the applicable law or statute. In the event of termination of SEF for any reason whatsoever, Airtel shall be entitled to recover all outstanding charges and dues from the Subscriber.
It is expressly agreed that the right of Airtel including suspension and disconnection and other rights as set out in this Clause including steps for recovery of dues from the Subscriber may be put in force by Airtel at any time whether or not this SEF is terminated as set out in Clause 9.0.
Subscriber cannot use Services of Airtel for any unlawful, immoral or abusive purposes or for sending obscene, threatening, harassing messages or sending messages or communications that affect/infringe national interests, security of the country or create any damage or risk to Airtel or its Network and/or other Subscriber(s). Any such infringement or misuse shall under no circumstances be attributed to Airtel and the Subscriber shall be solely responsible for all such acts. The Subscriber hereby agrees to indemnify and hold Airtel harmless and its officials/agents from all suits, prosecutions, costs, damages or claims of any kind arising out of any act or omission or misuse of the service by the Subscriber or any other person with or without consent of the Subscriber.
The Subscriber hereby agrees to indemnify and hold Airtel harmless against any claim against Airtel for libel or slander arising out of communications sent or received by the Subscriber on Airtel's Network. The Subscriber shall also indemnify Airtel against any claim against Airtel arising out of any infringement or violation of copyright by the Subscriber or anyone else using the mobile Connection of the Subscriber.
Airtel shall not be responsible for any civil or criminal liability incurred by the Subscriber due to misuse of the service provided by Airtel.
Amendments to terms and conditions
Airtel may, at its sole discretion vary, alter or amend any term(s) and condition(s) forming part of this SEF due to regulatory, administrative and/or commercial compulsions or for any other reason considered necessary in the interest of the business operations. Airtel shall also have the right to amend this SEF if it is necessary for the proper provisioning and conduct of the Services or in the public interest or is mandated by any change in applicable law or regulation or consequent to change in terms of license agreement granted to Airtel.
The Subscriber certifies that the Subscriber has fully read and understood the terms and conditions of this SEF, and the contents hereof and hereby sign this SEF as a token of its content and clear understanding that this is a binding document on both parties and can be enforced by Airtel in accordance with the law. Subscriber expressly agrees that notwithstanding the location at which he/she signs and or submits this, the SEF between Airtel and him/her shall for all intents and purposes deemed to have been made and entered into at Colombo and the Subscriber agrees that the appropriate courts of Colombo shall have exclusive jurisdiction in respect of content and subject matter contained in this SEF.
Airtel makes no express or implied warranties, guarantees, representations, or undertakings whatsoever, regarding the service, except those expressly mentioned in this SEF.
Airtel shall not be Liable to the Subscriber and/or any person, firm, body corporate claiming through, under, or interest for the Subscriber and the Subscriber hereby waives and agrees to continue to waive all claims/ actions for any delays, tosses including, but not limited to, loss of business, profit, revenue or goodwill, damages, fees, costs, expenses, orders, judgment, etc. direct, incidental or consequential arising out of any interruption, delays, errors or defects or other failure with respect to the service and or value added/supplementary Services or billing arrangements, payments or collections to the extent that such interruption, delay, error or defect is a result of any cause or reason covered in clause (4. 5) hereof. Further, the Subscriber remains solely responsible for the Subscriber's own negligence, acts or omissions.
Airtel shall have the right to transfer or assign and/or delegate all/any part(s) of its obligations, rights and/or duties under this SEF to any party. Such transfer/assignment shall release Airtel from all liabilities under this SEF.
The failure of any party hereto at any time to require performance by the other party or any obligation/provision of this SEF shall not affect the right of such party to require performance of that obligation/provision subsequently, nor any waiver by any party of any breach of any provision/obligation of this SEF shall be construed as waiver of any continuing or succeeding breach of any such provision, or waiver of the provision itself or a waiver of any right(s) hereunder. If any part of this SEF is held invalid the remaining provision remain unaffected and enforceable, except to the extent that Airtel’s rights/ obligations under the SEF are materially impaired. This represents the entire SEF between and Airtel as may be modified from time to time as provided. Subscriber represents that the Subscriber has been fully informed about the Services by Airtel, its specification, requirements, limitations etc. and only thereupon signed the SEF. The terms and conditions contained in SEF is the complete understanding between the parties hereto and it supersedes all understandings prior to this SEF whether oral or written.
In case of expiry/deactivation, the cellular number may be allotted to another Subscriber as per the discretion of Airtel. In that event, the Subscriber shall not have any right or lien on the said cellular number.
Airtel shall not be liable for any act of commission or omission of any third party/suppliers/manufacturers/including any agency/company offering any privilege or benefits to Subscribers without specific permission or authority of Airtel.
Airtel's contractual rights and remedies, as well as these available in law or equity, are independent and cumulative.
In case the Subscriber is a company/firm or any subscription is taken in the name of the company/firm, the SEF shall be duly signed and sealed by its authorised signatory. The company/firm shall intimate Airtel in writing, immediately, in case of any change in the consultation of such company/firm or the authorised signatory.
The validity, construction and performance of the terms & conditions of the SEF shall be governed by and interpreted in accordance with the laws of the Democratic Socialist Republic of Sri Lanka. The Subscriber expressly agrees that notwithstanding the location at which he/she signs and or submits this SEF, the SEF between Airtel and him/her shall for all intents and purposes deemed to have been made and entered into at Colombo and the Subscriber agrees that the appropriate courts of Colombo shall have exclusive jurisdiction in respect of the content and subject matter contained in this SEF.
The Subscriber certifies that the Subscriber has fully read and understood the terms and conditions of this SEF, and the contents hereof and hereby sign this SEF as a token of its content and clear understanding that is a binding document on both parties and can be enforced by Airtel in accordance with the law.