Terms and Conditions for Prepaid and Postpaid Broadband Internet Solutions
i.“Agreement” collectively means the Dialog Home Broadband Subscriber Registration Form, Terms and Conditions of After Sales Warranty provided by DBN and the Terms and Conditions contained herein.
ii."Alternative/Temporary Service”means an alternative solution/service delivered utilising alternative technologies in the event DBN is not able to provide the Service/s using the technology agreed herein.
iii."Date of Commissioning”means the date on which the technical solution is commissioned into service for Customer’s operation or use after testing required performances as per the requirements of this Agreement.
iv."DBN”means Dialog Broadband Networks (Private) Limited (Company Registration No. PV261) a company duly incorporated under the laws of Sri Lanka and having its registered office at No.475, Union Place, Colombo 2.
v."DBN Network” means the licensed telecommunication network through which DBN has been authorised to offer telecommunication services under section 17(2) of the Sri Lanka Telecommunications Act No. 25 of 1991 as amended.
vi."Commitment Period”means a period of 24 calendar months from the Commencement Date unless otherwise specified in the Registration Form.
vii.“Customer Premises Equipment (CPE)”means all equipment including wireless radio transmission devices, antennas, routers, modems, telephone instruments, cables, mast and mounting structures, E1 card, Private Automatic Branch Exchange (PABX) installed at Customer premises for the purpose of providing services hereunder, either at the Date of Commissioning or thereafter.
viii."Period of Service”means the period commencing from the Date of Commissioning until termination of the same.
ix."Section”means any section from Sections A to C in the Registration Form.
x."Service/s”means telecommunication services including Voice Telephony, Data Communications, Managed Services, Internet, Information Communication Technology (ICT), Server or Web Hosting, Services Management, Telecommunication Tower or Infrastructure or any other related telecommunication services specified in this Agreement.
xi."Customer”means the person or entity indicated in Section A of this Agreement.
xii."Recharge Card” means the card purchased by the Customer which allows the Customer to increase the Customer’s account balance by the value paid for the respective card.
xiii.“Registration Form” means the Dialog Home Broadband Subscriber Registration Form.
2. SERVICES TO BE PROVIDED
i.DBN shall provide the Customer with Services specified in Sections B and C subject to the terms and conditions set out in this Agreement. Any increase/addition of any Service and/or CPE already provided hereunder may be done on receipt by DBN of a Registration Form from the Customer and/or by way of using USSD, SMS, Self-care Application or My account, subject to this Agreement.
ii.DBN shall maintain service standards to the satisfaction of Customer requirements.
3. OWNERSHIP OF CPE/ACCESSORIES
i.Customer must purchase the CPE, paying the full cost thereof, subject to any available discounts at the time of purchasing from DBN.
ii.Once purchased, the CPE shall be the property of the Customer.
4. COMMMENCEMENT OF AGREEMENT BETWEEN THE PARTIES
This Agreement between DBN and the Customer shall become effective upon fulfilment of all of the following:
i.Due completion of the Registration Form and signature thereto, by the Customer or the authorized signatories.
ii.Payment of connection fee for connection of Services hereunder.
iii.Submission of billing and installation addresses as stated in Section A.
iv.Submission of valid proof of identity of the Customer:
• If an individual, certified copies of National Identity Card, Passport or Driving License
• If an incorporated entity, certified copies of the Certificate of Incorporation and any other document required by DBN
• If a sole proprietor or partnership, certified copies of Certificate of Registration of a Firm or Business Registration Certificate (as applicable), National Identity Card, Passport or Driving License of the sole proprietor or Partners
v.The Customer not owing DBN any dues in lieu of any other services provided by DBN or under any other agreement between the Customer and DBN whether in effect or terminated as at the time of completing the Registration Form.
5. DURATION OF AGREEMENT BETWEEN THE PARTIES
i.This Agreement shall be effective from the date stated in the Declaration of the Registration Form and shall remain valid until termination provided the Customer complies with the Commitment Period.
6. CHARGES AND PAYMENT TERMS
i.The prices/charges payable to DBN by the Customer for the Services provided shall be as per Sections B and C. The prices/charges shall also be payable by way of using USSD, SMS, Dialog Self-care Application or My account.
ii.All relevant taxes/levies applicable to the charges payable as at the time of invoicing, shall be payable by the Customer.
iii.In the event the Customer is required to meet a minimum monthly commitment as indicated in Section B, such commitment shall be for a minimum period indicated therein commencing from the Date of Commissioning. In the event of termination by the Customer of this Agreement prior to expiry of the said period, the Customer shall pay DBN immediately the aggregate total of the agreed monthly commitment amount for the balance period of commitment.
iv.The Customer shall be liable for all applicable charges and payments during the period of Alternative Service.
v.In the event the Customer wishes to subscribe for additional services or value added services (that may be introduced by DBN or its parent company from time to time) than those mentioned herein, the Customer may do so by payment of applicable charges, if any.
vi.DBN shall be entitled to amend its charges with prior notice to the Customer.
Payment for DBN Services for Pre-Paid
vii.Payment for DBN Services shall be by purchasing a Recharge Card and activating the same prior to the date stipulated therein. The Customer shall maintain a sufficient account balance to use the Services.
viii.Each Recharge Card is fully transferable and non-refundable. Recharge Cards must be activated prior to the date printed on the back of the Recharge Card and any Recharge Card not activated prior to such date shall be invalid thereafter. In the event the Customer’s account balance reaches the required minimum account balance, DBN may suspend / disconnect the Services.
ix.The Recharge Card balance transferred to the Customers account shall be used by the Customer within the maximum period allowed by DBN. Any account balance available after such period will be forfeited and will not be available for acquiring of further or additional Services.
x.The rates and charges applicable to the Service, may be varied by DBN from time to time. The Customer can obtain the current rate of fees and charges by contacting DBN at any time.
xi.The Customer shall pay any levies, taxes or duties imposed by the Government from time to time relating to the use of the Service.
xii.Tariff for voice services at all times shall be as per DBN’s applicable tariffs.
Payment for DBN Services for Post Paid
xiii.The prices/charges payable to DBN by the Customer for the Services provided shall be as per Section B and C. All relevant taxes/levies applicable to the charges as at the time of invoicing shall be payable by the Customer.
xiv.Charges for each calendar month shall be invoiced to the Customer at the end of such month.
xv.The Customer shall settle all invoices by the due date for payment as stipulated in such invoice.
xvi.A surcharge fee of two per cent (02%) per month shall be levied on any fees which have become due and remain unpaid until receipt of full payment by DBN.
xvii.A reconnection charge as would be applicable as at the time of such reconnection shall be payable for resumption/reconnection of Services – which charge must be paid prior to reconnection.
xvii.In the event any payment by way of cheque is dishonoured due to any reason whatsoever, the Customer shall pay DBN a penalty as would be stipulated by DBN in lieu of such dishonoured cheque. In the event of dishonour of any cheque, the amount under such cheque shall be considered as an outstanding payment to DBN and shall be subject to a surcharge fee as per Clause 6 (xvi). Dishonoured cheques will not be presented to the bank to utilize same again in settlement of the relevant invoice or any other invoice, and settlement of the relevant invoice shall be done only by payment of cash.
xviii.Cheque payments shall be credited to Customer’s account only upon realisation.
xix.DBN shall not be responsible to dispatch invoices to the Customer other than to the billing address as indicated in Section A herein or any other address informed to DBN in writing by the Customer.
xx.The monthly rental stipulated in Section B and C shall commence from the date of purchase of the Service and shall be payable on the due date stated in the invoice.
xxi.DBN shall be entitled to charge in advance, One (01) month’s rental referred to in Section B and C, which advance rental shall be set off against any dues from the Customer to DBN at the termination of this Agreement. If the Customer has no dues to DBN at the time of termination, the said rental charged in advanced shall be refunded to the Customer.
xxii.Tariff for voice services at all times shall be as per DBN’s applicable tariffs.
7. RIGHTS OF DBN
i.DBN shall be entitled to disconnect the Services in the event it has reason to believe that the Customer has used the Services in breach of Clause 8(i) herein and terminate this Agreement at the discretion of DBN without further notice. In the event DBN agrees to reconnect the Services the reconnection charge shall be payable for reconnection of Services – which charge must be paid prior to reconnection.
ii.DBN shall be entitled to reject any future application made by the Customer for any other service provided by DBN , for any reason deemed fit, including but not limited to, existence of outstanding sums payable to DBN by the Customer for any other service whatsoever provided by DBN.
iii.DBN does not guarantee uninterrupted Services or operation of the Services on any specific CPE or software.
iv.DBN does not guarantee the availability of or ability of DBN to provide Services to the Customer until the CPE is installed at the Customer’s premises.
v.DBN shall be entitled, without prejudice to any other rights available to it hereunder and not withstanding express or implied waiver of any previous breach of this Agreement, to suspend Services if the Customer is in breach of any term/s herein. Such suspension of Services shall not relieve the Customer from any obligations or liabilities hereunder.
vi.DBN shall be entitled to suspend the Services at its discretion in an event where it is found that the Customer’s equipment/servers are causing disturbance, interference or virus attacks to the DBN Network.
vii.DBN shall be entitled to suspend services if any unauthorised equipment is connected to CPEs or any illegal or unauthorised traffic is being carried over the DBN network.
viii.In the event of suspension of Services pursuant to Clause 7 (v) the reconnection charge shall be payable for resumption/reconnection of Services – which charge must be paid prior to reconnection.
ix.Notwithstanding anything herein, DBN shall be entitled to suspend the Services at any time.
x.In the event the Customer fails to settle any sum owed to DBN hereunder, DBN shall be entitled to set off such sum against any deposit the Customer may have paid DBN under any other Agreement.
xi.DBN shall be entitled to interrupt provision of the Services with prior written notice for the purpose of carrying out mandatory network maintenance.
xii.DBN shall have the right to revise the terms and conditions of this Agreement and shall inform the Customer of the revision, in accordance with Clause 18 iv. hereof. The continued use of the Services thereafter, shall be deemed to be an acceptance of the revised terms, by the Customer.
xiii.All decisions made by DBN with respect to the Service shall be conclusive and the Customer agrees to be bound by such decisions.
8. OBLIGATIONS OF THE CUSTOMER
i.The Customer shall not use the Services for any purpose which is unlawful, illegal or is prohibited by any authority.
ii.The Customer shall ensure that the CPE is used in accordance with the Terms and Conditions of After Sales Warranty, provided by DBN.
iii.The Customer shall not resell, hire or allow the use of Services by anyone other than the persons authorized by the Customer.
iv.At times of maintenance and repairs the Customer shall ensure that the Customer, a designated officer of the Customer or any other person authorised by the Customer is present at the Customer’s premises.
v.Any failures in the Services shall be immediately informed by the Customer by telephone to DBN, to the points of contact mentioned in Clause 8 (xi) herein and shall be confirmed in writing by the Customer by fax/e - mail within one (01) working day from the time of reporting.
vi.Any requests by the Customer for temporary or permanent disconnection of any link, or suspension of any Service, or any other request shall be informed in writing to the point of contact mentioned in Clause 8 (xi). In the event of failure by the Customer to so inform, DBN shall not be liable heed such request.
vii.The Customer shall immediately inform DBN of any change in his/her/its address.
viii.In the event of incurring of any expense by DBN (including but not limited to legal costs) due to breach by the Customer of any term herein, the Customer shall immediately reimburse such sum to DBN on notification of same by DBN.
ix.Any approvals required by the Customer statutory or otherwise, to obtain Services hereunder shall be obtained by the Customer.
x.Where the connection provided hereunder is connected to a PABX or other system or equipment of the Customer, DBN shall not be responsible for the maintenance of or functioning of such PABX/other system/equipment and such maintenance shall be the responsibility of the Customer. DBN shall also not be liable for any non-functioning of Services due to fault in such PABX/other system/equipment.
xi.All communications/notices hereunder to DBN by the Customer shall be addressed to Dialog Broadband Networks (Private) Limited, No.475, Union Place, Colombo 2.
xii.Any notice given to the Customer hereunder shall be deemed sufficiently and duly given if sent to the address as out at Section A
xiii.The Customer acknowledges that the connection is subject to the minimum Commitment Period. In the event the connection is disconnected before the said Commitment Period, DBN shall have the right to charge an amount of LKR 3,000 as an early termination fee.
9. EXCLUSION OF LIABILITY
i.DBN shall not be liable whatsoever for any claim including but not limited to those regarding libel, slander or infringement of any intellectual property arising from the material transmitted or received in connection with provision of the Services and for any other claim arising from any act or omission of the Customer. The Customer shall hold DBN fully indemnified and saved harmless at all times in full in respect of same.
ii.DBN shall not be responsible for accuracy of the information transmitted or received by the Customer or any others using the Service. DBN shall not be responsible for any damage or loss arising from such inaccuracy of information.
iii.Except as expressly provided herein DBN shall not otherwise be liable to the Customer or any other party claiming through the Customer or on its behalf for any loss or damage that may have been caused by suspension, interruption, discontinuance or malfunction in providing the Services.
iv.DBN shall not be liable in any manner whatsoever for interruption in Services.
v.DBN shall not be liable in any manner whatsoever for any loss or damage occurred due to any virus attack.
vi.DBN shall not be liable in any manner whatsoever for loss of or non-transmission of any data (including but not limited to e-mails) whilst using the Services.
vii.DBN shall not be liable in any manner whatsoever for any loss of business, loss of revenue, consequential or incidental loss or any other loss to the Customer as a result of provision of/use of Services hereunder, suspension of Services or termination of this Agreement for any reason whatsoever or exercise of any right of DBN hereunder – even if DBN is advised of the possibility of such loss/damage.
viii.DBN shall not be liable for any interference or adverse effect caused to any other equipment/apparatus of the Customer due to provision/operation of Services provided hereunder.
ix.DBN makes no conditions, warranties or representations about, and shall not be liable whatsoever for, the suitability, reliability, usability, security, quality, capacity, performance, availability, timeliness, speed or accuracy of the Services, any other products or services supplied hereunder or networks of third parties. DBN expressly disclaims all conditions, warranties and representations, expressed, implied or statutory, including but not limited to implied conditions or warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement, whether arising by usage of trade or otherwise.
i.Subject to Clause and 8 (i), either Party may terminate this Agreement with immediate effect if the other Party breaches any of the terms herein contained and not cured within fourteen (14) days of written notice of the said breach by the non-defaulting Party to the defaulting Party (unless otherwise provided for herein), unless such time period allowed for curing of the breach is further extended by mutual agreement.
ii.Either Party may terminate this Agreement with written notice of three (03) months to the other Party.
iii.This Agreement shall be automatically terminated if either Party ceases to operate for any reason.
iv.DBN shall be entitled to terminate this Agreement with immediate effect in the event DBN’s operations relating to provision of Services is required to be discontinued due to Government regulations or by operation of any law/regulation.
v.DBN shall be entitled to terminate this Agreement with immediate effect in the event the Customer uses services provided by DBN to carry any traffic deemed to be illegal or unauthorized in any form as per the Telecommunication Regulatory Commission of Sri Lanka or the Sri Lanka Telecommunications Act.
vi.DBN shall be entitled to terminate this Agreement with one (01) month’s notice to the Customer in the event during the term of this Agreement the Customer’s conduct/operations result in frequent disconnection/suspension of Services by DBN.
vii.DBN may terminate this Agreement in the event of occurrence of any circumstance beyond its control rendering continued provision of Services impossible or impracticable.
viii.Termination of this Agreement shall not prejudice any rights and liabilities of the Parties already accrued at the date of termination.
ix.Exercise of any right of either Party hereunder shall not prejudice its right to terminate this Agreement or exercise any other right.
i.The Customer shall not assign all or any part of this Agreement to any other Party without prior written approval of DBN.
i.The failure by either Party to exercise or enforce any right conferred by the Agreement shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement hereof at any time.
i.In the event any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.
14. ENTIRE AGREEMENT
i.This Agreement constitutes the complete agreement between the parties hereto and supersedes all prior or contemporaneous agreements or understandings or representations written or oral in relation to this Agreement. This Agreement may not be amended except in writing. No other act, usage or custom shall be deemed to amend or modify this Agreement. All headings herein are for the ease of reference only and shall in no way affect the interpretation of any provision herein.
15. WARRANTY OF AUTHORITY
i.Where the Customer is a Incorporated Entity, Sole Proprietorship or Partnership, it represents and warrants that the signatory is entitled to sign on its behalf and the rights and obligations contained herein shall be legally valid, binding and enforceable on the Customer.
16. GOVERNING LAW
i.This Agreement shall be governed and construed in accordance with the laws of Sri Lanka.
17. SETTLEMENT OF DISPUTES
i.If any dispute or difference whatsoever arises between the parties concerning matters relating to this Agreement or any provision thereof, the parties shall use their best endeavours to resolve the dispute or difference amicably.
ii.Failing amicable resolution of such dispute or difference by the Parties hereto within thirty (30) days from first reference of such dispute or difference, such dispute or difference shall then be finally resolved by reference to the court of Law of Sri Lanka.
i.No delay by DBN in enforcing any term or condition of this Agreement nor the granting of time by DBN to a Customer shall prejudice the rights or powers of DBN.
ii.DBN shall not be liable for any breach of this Agreement caused by an act of God, terrorist activities, insurrection or civil disorder, military operations, all emergency acts or omission of Government or any competent authority, industrial disputes of any kind, fire, lightning, explosion, flood, acts or omission of persons or bodies for whom DBN is not responsible or any cause outside DBN’s control.
iii.Should the text of this Agreement exist in any language other than English, the English version shall prevail over any other version.
iv.Unless specified otherwise, DBN may give notice to the Customer and such notice shall be deemed to have been duly served upon and received by the Customer if:
a. published on DBN ’s Website, at the time of publication;
b. published in a Sinhala, Tamil or English newspaper, on the day of such publication;
c. sent by electronic mail, at the time it was sent;
d. sent by pre-paid post, on the day following the dispatch of the letter; or
e. sent by text message, at the time the text message was sent.
Unless instructed otherwise by DBN, any notice to DBN by the Customer shall be in writing and presented to a customer service centre of DBN
v.DBN shall process your Personal Data in accordance with the Privacy Notice located at dialog.lk/privacy-notice
vi.The Customer hereby consents to DBN accessing the Customer’s National Identity Card details and other information maintained with the applicable authorities including but not limited to the Department of Registration of Persons of Sri Lanka, to assess the authenticity of the information provided by the Customer.