Number Portability Terms and Conditions


Postpaid Terms and Conditions

1. Interpretation
1.1 In this Agreement: “Agreement” means the contract between BAHRAINTELECOMMUNICATIONS COMPANY B.S.C. (Batelco)Building 1095, Road 1425, Al Hamala 1014, PO Box 14, theKingdom of Bahrain and the Customer for the provisionof Mobile Postpaid Services, comprising together the Application Form ,these Terms and Conditions, and where applicable, a Device Contract;“Application Form” means the application form requesting the Service which has been signed by the Customer, acopy of which is annexed hereto;“Batelco Customer Service Centers” means Batelcocenters located at various locations in Bahrain whereCustomers are provided with Batelco services.“Bill” means a periodic statement of account issued byBatelco to the Customer.“Charges” means the sums payable to Batelco by the Customer pursuant to this Agreement; “Customer” means the Batelco customer identified in the Application Form and who forms the other party to thisAgreement;“Equipment” means the equipment (including any software) provided to the Customer by Batelco for the provision of the Service, including, but not limited to Subscriber Identity Module (SIM) Cards. “Intellectual Property Rights” means copyrights (including rights in computer software), patents, trade and service marks, trade and business names (including Internet domain names), design rights, database rights, semi-conductor topography rights, rights in undisclosed or confidential information (such as know-how, trade secrets and inventions (whether patentable or not)) and all other intellectual property or similar proprietary rights of whatever nature (whether registered or not and including orders to register or rights to apply for registration) which may now or in the future subsist anywhere in the universe; “International Roaming” means a value added facility to the Service whereby the Customer is able to use the Service whilst overseas in certain countries and cities with which Batelco has roaming agreements; “Donor” or “Recipient” Operator means another licensed telecommunications operator in Bahrain from or to which a mobile telephone number has been ported pursuant to clauses 31 and 32 of this Agreement; “Service” means the service(s) or the pager service, specice in the Application Form to be provided by Batelco to the Customer pursuant to this Agreement, further details of which can be found in promotional literature available at Batelco’s Customer Service Centers;
2. Commencement and duration of Agreement This Agreement commence on the date that the Application Form is signed by duly authorised representatives of Batelco and the Customer. The duration of this Agreement will be until the valid termination of this Agreement by either party in accordance with clauses 8 and 9.

3. Rights and obligations

3.1 The Customer agrees to pay the Charges and Batelco agrees to provide the Service in accordance with the terms of this Agreement. All Charges shall be paid directly to Batelco within the date specified on the Customer’s Bill issued by Batelco.
3.2 In the event the Customer’s payment is overdue and not paid on the payment date specified on the Customer’s Bill, Batelco has the right to suspend or terminate any part or all of the Service.
3.3 Batelco may suspend or terminate the Service in the event the Customer incurs outstanding unpaid charges for other services provided to the Customer by Batelco.
3.4 If the Customer does not pay an invoice by the due date, Batelco shall have the right at its discretion and without notice to the Customer to:
3.4.1transfer the unpaid invoiced amount to the account of any other service(s) provided to the Customer by Batelco, and the Customer shall be liable to pay all charges on any invoice issued by Batelco for such service(s) by the due date; and
3.4.2 deduct the unpaid invoiced amount from any payment or credit due to the Customer by Batelco under this Agreement or any other agreement for service(s) provided by Batelco to the Customer.The rights in this clause are in addition to any other rights that Batelco has under these terms and conditions, including the right to suspend or terminate the Service or any other service provided by Batelco.
3.5 Usage:
3.5.1 Batelco will use its reasonable endeavours to advise customers: (a) when their telephone usage has exceeded their chosen BD limit; and (b) that calls will be blocked as a consequence of exceeding such limit.
3.5.2 Please note that the Service may be temporarily unavailable due to certain circumstances, including but not limited to technical failures, system upgrades and international roaming. As a result, during such period/s Batelco may be unable to:(a)notify customers if their usage exceeds their chosen BD limit; and (b)block their calls as a consequence of exceeding such limit; which will result in the customer exceeding his/her credit limit and being obliged to pay for any additional usage.
3.6 International Roaming may be provided as part of the Service with various packages subject to availability andspecific agreement with the overseas network provider. The overseas network provider determines charges for such calls although they will appear on the Customer’s Bill issued by Batelco. Additional charges may also be applied. The Customer is obliged to pay all such charges whenever the Customer uses the International Roaming facility, irrespective of the caller being the Customer or a third party. Information regarding charges applied by overseas network providers may be obtained afrom any Batelco Customer Sales and Service Centers.
3.7 Batelco offers Directory Inquiry (188 services) for mobile customers at a charge of 160 fils per call.
3.8 Batelco may, from time to time, at its sole discretion: under this Agreement.
3.8.1 Change the technical specification of the Service, provided that any changes do not materially affect the substance or the performance of the Service; or
3.8.2 suspend the Service for operational reasons (such as maintenance or Service upgrades) or because of an emergency.
3.9 Batelco shall endeavor, before exercising any of its rights under sub-clause 3.5, to give the Customer as much advance notice as is reasonably possible (approximately seven (7) days for non-emergency situations).
3.10 The Customer acknowledges that it is not possible for Batelco to guarantee fault-free Service, particularly given Service quality will be affected by the quality of interconnecting operator networks. Where a fault or defect occurs which is not due to an act or default of the Customer and is within Batelco’s network, Batelco will use all reasonable endeavours to repair any such faults.
3.11 The Customer undertakes to provide all such information and assistance as Batelco may reasonably require in order for Batelco to perform its obligations under this Agreement.
3.12 Batelco will allocate a number for the Customer’s use; however, the Customer does not have any ownership rights in that number. Batelco reserves the right to change an allocated Customer number for technical, operational or regulatory reasons at any time with notice.

4. Equipment

4.1 The Customer agrees that any Equipment supplied to the Customer by Batelco (if any) will remain the property of Batelco (unless otherwise notified by Batelco in writing) and be used by the Customer in accordance with any applicable instructions, safety and security procedures issued by Batelco and/or the manufacturer of the Equipment, and the Customer will not add to, modify or in any way interfere with it nor allow any other persons to do so or attempt to lease, sell or otherwise encumber the Equipment.
4.2 The Equipment will be the Customer’s sole responsibility. The Customer is advised to notify Batelco of any loss, destruction or theft of Equipment immediately upon becoming aware of such event. The Customer shall remain liable to pay all Charges (including call charges) incurredwith respect to that Equipment until the Customer notifies Batelco, at which time Batelco may suspend the Service. Lost, damaged or stolen Equipment may be replaced at the Customer’s request at a charge to be specified by Batelco.

5. Use of the Service

5.1 The Customer will not use the Service:
5.1.1 in a way which does not comply with the terms of any laws or any licence applicable to the Customer, or that is in any way unlawful or fraudulent or, to the Customer’s knowledge, has any unlawful or fraudulent purpose or effect, or which infringes or may potentially infringe the rights (including intellectual property rights) of Batelco or any third party;
5.1.2 in connection with (without prejudice to the generality of sub-clause 5.1.1 above) the carrying out of a fraud or criminal offence against Batelco or any other party; or
5.1.3 to send, knowingly receive, upload, download, use or re-use material which is abusive, offensive, indecent, defamatory, obscene or menacing, or in breach ofcopyright, confidence, privacy or any other right or which is liable to incite racial disharmony or hatred, or which comprises of a virus or other code liable to cause loss or damage; or
5.1.4 to send or procure the sending of any unsolicited advertising or promotional material; or
5.1.5 in a way that in Batelco’s reasonable opinion could have a materially detrimental effect on Batelco’s business (including the Service).
5.1.6 or allow the Service to be used, modified or adapted to transmit voice or data on public telecommunications system of either Batelco or any other third party telecommunication provider.
5.2 Batelco shall have the right to enforce the obligations set out in sub-clauses 5.1.1 to 5.1.6 inclusive by suspending or terminating the Service forthwith without notice if the Customer is in breach of them.

6. Liability and indemnity

6.1 Batelco shall not be liable to the Customer in any event for consequential, indirect or special damages or forloss of profit, and shall not otherwise be liable to the Customer except in the case of negligence of wilful defaultof Batelco, its officers and employees. If Batelco shall be held liable to the Customer, its liability shall be limited to an amount equal to the Charges payable for the Service for the twelve (12) month period from 1 January to 31 December of the year in which the cause of action giving rise to the liability arose.
6.2 The Customer will indemnify and defend Batelco against all claims and proceedings whatsoever and howsoever (whether actual or threatened) arising out of Batelco’s performance of its obligations under this Agreement and the Customer’s use of the Service so long as Batelco acts in good faith and in the absence of negligence or wilful default on the part of Batelco, its officers or employees.
6.3 Nothing in this Agreement shall exclude or limit the liability of either party for death or personal injury resulting from the negligence of that party or its directors, officers, employees, contractors or agents, or, in respect of, fraud or of any statements made fraudulently by thatparty or its directors, officers, employees, contractors or agents;

7. Events beyond Batelco’s Reasonable Control

7.1 Batelco shall not be liable to the Customer if it is unable to perform any obligation or provide the Services because of any factor outside Batelco’s reasonable control, including (but not limited to) act of God, fire, extreme weather conditions, industrial action, default or failure of a third party, war, act of government or state, terrorist acts, civil commotion, insurrection or embargo.

8. Termination

8.1 The Customer may terminate this Agreement and provision of the Service at any time on one (1) day’s written notice to the other party. In the event of termination, cancellation, or move to another package, or default on payment before the end of a fixed Agreement term, the Customer shall be liable to payan early cancellation fee as identified in promotional literature available at Batelco’s Customer Sales anda Service Centres
8.2 In the event the Customer has any outstanding bill for any other Batelco mobile service purchased from Batelco on credit, Batelco has the right upon giving the Customer not less than seven (7) days notice to terminate this Service or any other mobile service provided to the Customer by Batelco.
8.3 Upon termination of this Agreement all charges due by the Customer to Batelco shall be payable immediately.
8.4 Without prejudice to its other rights of termination under this Agreement, Batelco may terminate this Agreement at any time upon providing at least one (1) month’s prior notice, except that in the case of the package with thefixed Agreement term, notice of termination may not be issued until one (1) month prior to the expiry of the one (1) year term.

9. Breach

9.1 If any of the events detailed in sub-clause 9.1 Batelco may terminate this Agreement immediately on written notice, if the Customer:
9.1.1 commits a material breach of this Agreement, and fails to remedy such breach; orwith or assignment for the benefit of the Customer’s creditors, or goes into voluntary (otherwise than for reconstruction or amalgamation) or compulsory liquidation or a receiver or administrator is appointed over the Customer’s assets.
9.1.2 are the subject of a bankruptcy order, or become insolvent, or makes any arrangement or composition with or assignment for the benefit of the Customer’s creditors, or goes into voluntary (otherwise than for reconstruction or amalgamation) or compulsory liquidation or a receiver or administrator is appointed over the Customer’s assets.
9.2 If any of the events detailed in sub-clause 9.1 above occur, Batelco may by notice to the Customer (setting out the reasons) suspend the Service or any part of it without prejudice to its right to terminate this Agreement. Where the Service or any part of it is suspended the Customer must pay the Charges until this Agreement is terminated. If the Service is suspended (but not if Batelco suspends part of the Service) for a continuous period of twenty eight (28) days then the Customer may give notice to Batelco to terminate this Agreement.

10. Suspension of Service

10.1 In the event of suspension of the Service by Batelco, all recurring Charges shall continue for the continuation of the Service during the suspension period until the service is restored or terminated. The Customer is obliged to pay all outstanding Charges to Batelco. In the event of voluntary suspension of the Service by the Customer, the Customer may request to retain (subject to approval) the allocated mobile telephone number, however the Customer shall be obliged to pay all incurred Charges for this period.

11. Changes

11.1 Batelco may vary its terms of Agreement, however, the Customer may terminate the Agreement on one (1) day’s written notice if Batelco’s variations have resulted in excessive increases in the Charges or changes that materially alter the Customer’s rights under this Agreement to the Customer’s detriment, except where the variation has been imposed upon Batelco as a direct result of legislative changes, government regulation or licence changes.

12. Notices

12.1 Any notice to be given by the Customer to Batelco shall only be effective through in writing and delivered to Batelco Customer Service Centers, Kingdom of Bahrain.
12.2 Any notice to be given by Batelco to the Customer shall be effective if through media communication or in writing and delivered to the address or sent to any relevant facsimile number for that party set out in the Application Form.

13.Miscellaneous

13.1 Batelco may assign, novate or sub-contract any of its rights or obligations under this Agreement. The Customer shall not be entitled to assign, novate, sub-contract or otherwise dispose of any of its rights or obligations under this Agreement (unless otherwise agreed with Batelco in writing).
13.2 Save as expressly provided under this Agreement all other warranties whether express or implied are hereby excluded to the fullest extent permissible by law and this Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements.
13.3 The Customer hereby represents and warrants to Batelco that the Customer has full power to enter into this Agreement and that all information supplied by the Customer to Batelco and/or entered onto the Application Form is true, accurate and complete in all respects.
13.4 If a provision of this Agreement is not legally effective, the remainder of this Agreement shall be effective. Batelco can replace any provision that is not legally effective with a provision that is effective.a
13.5 In the event (and to the extent only) of any conflicts or inconsistencies between these Terms and Conditions and any of the constituent parts of this Agreement, then the following Application of priority shall apply: these Terms and Conditions; the Application Form:

14. Batelco’s postpaid mobile Customer Terms and ConditionsGoverning law and jurisdiction
14.1 This Agreement shall be governed by and interpreted in accordance with the laws of the Kingdom of Bahrain and the parties submit to the exclusive jurisdiction of the courts of the Kingdom of Bahrain in relation to all disputes.

Instalment

These terms and conditions add to and vary Batelco’s postpaid mobile Customer Terms and Conditions
Definitions “Device Supplier” means the original equipment manufacturer or the equipment’s local agent.‘Subscriber’ means the holder of a subscription for a Batelco postpaid mobile service.
15. This offer contains equipment comprising a device selected by the Customer.
16. Non-Bahraini nationals to present a sponsorship letter from their employer mentioning clear that their employer accepts payment of any outstanding of the Device amount in case of default of payment by the applicant. This letter is to apply only for the retail value of the Device.
17. The first Instalment will appear in the next due bill with further Instalments due on a monthly basis on or after that date thereafter.
17.1 The Customer shall pay all Instalments for the Device, Monthly Instalments shall be billed in accordance with Batelco’s standard and published Terms and Conditions as amended from time to time.
18. All warranty provisions are the sole responsibility of the device Supplier.
19. Subject to any rights you may have to claim directly from the manufacturer under Clause 7.1 the return of the Device or Batelco shall not accept exchange for another band under circumstances whatsoever. Batelco shall not accept any liability for the device in any circumstance including loss or damage.
20. The device Supplier will be responsible for the warranty / support of hardware and software supplied. Any third party hardware / software in the Device, the Customer acknowledges and agrees that all claims in relation to the Device shall be made under the device warranty (if one exists) or against the Device Supplier and waives all claims in relation to the Device against Batelco.
21. Any upgrade of the device desired by the Customer shall be dealt with the respective device Supplier and the Customer shall bear any additional costs separately.
22. Each Subscriber is entitled to one device Instalment service only. Each Customer is entitled to more than one subscription. The maximum number of Device Instalment services per Customer is equal to the number of postpaid mobile subscriptions of that Customer.
23. Title of ownership to the device shall be passed to the Customer upon receipt by of the device retail value in full.
24. Customers that wish to cancel or renew, cancel and migrate to any of them without postpaid package for any specified reason will pay the remaining balance of the device.
25. On and from termination of the postpaid mobile contract, the Customer shall pay on demand the outstanding Device balance unless the customer for material breach by Batelco terminates the postpaid mobile contract.
26. Upon expiration of the twelve-month period the Customer will have paid for the Device in full and the Device Instalment service will be switched to the normal mobile postpaid service.

Handset subsidy

Handset Discounting Scheme Terms and Conditions
Mobile Customer Terms and Conditions (the Postpaid Terms). These terms and conditions add to and vary Batelco’s postpaid
27. The Handset is provided on a one-off payment to customers.
28. The Customer shall pay the fully discounted price of the Handset upon subscription to this offer.
29. If Customer chooses outright payment option, title ownership of the handset will be transferred to the Customer upon payment.
30. The cancellation fee will apply on termination, cancellation, movement to another package, payment default (on this or other Batelco services) or on notice by Batelco. Only complete calendar months should be used.“If this Agreement is terminated by either party before the package fixed term expires, the Customer shall pay Batelco the discount amount divided bythe corresponding number of months of the package fixed term, multiplied by the total number of complete calendar months remaining in the package fixed term.

Number Portability

31. Terms applying where Customer has ported (transferred) a number allocated to a Donor Operator to Batelco from that Donor Operator:
31.1 Customer shall not be entitled to transfer the ported number to any other Batelco account, either belonging to Customer or a third party;
31.2 Customer shall not be entitled to request a change in number; however Customer may terminate the Service in accordance with the provisions of this Agreement and re-apply for the Service under a separate number; and
31.3 Batelco shall be entitled to progressively suspend service features, up to and including termination of the Service and this Agreement without notice if requested to do so by a Donor Operator on the basis that Customer has not settled previous overdue bills rendered by that Donor Operator in relation to the ported number.
32. Terms applying where Customer wishes to port a Batelco number to a Recipient Operator:
32.1 Customer is entitled to port the Batelco number to an account held with a Recipient Operator, by requesting a Recipient Operator to port the number from Batelco’s network. In such circumstances, Customer will be deemed to have requested immediate termination of the Service under that number, whereupon all outstanding Charges due by Customer to Batelco shall continue to be due and payable in accordance with the terms of this Agreement.
32.2 If a Customer’s payment to Batelco is overdue and not paid in accordance with the terms of this Agreement, Batelco may request that the Recipient Operator progressively suspend service features, up to and including termination of the provision of services being provided to Customer under the ported number.

SIM Package Delivery (including any associated Device/Voucher)

1 - Batelco shall use its reasonable endeavours to deliver a functional SIM Card (including any associated Device/Voucher) for the mobile telephone number purchased/ordered by the customer within 3 working days from the day of the order.
2 - The Customer acknowledges that a valid delivery address in the Kingdom of Bahrain must be provided to Batelco for the delivery of the SIM package. The customer or a person authorised by the customer must be available at the delivery address in order to accept delivery of the SIM package. Batelco will be unable to deliver the SIM package to an invalid address or to a valid address where NO one is available to accept delivery.
3 - In order to accept delivery of the SIM package, the Customer or a person authorised by the customer must provide a SIGNATURE and CPR number.

Smart Device Agreement Terms and Conditions

Device: is the equipment (including any software) provided to the Customer by Batelco
Device Supplier: is the original Equipment manufacturer or the Equipment manufacturer’s local agent.
1- The term for the Agreement is 24 months from date when the Customer signs this Agreement.
2- This offer comprises a Device selected by the Customer.
3- Non-Bahraini nationals are to present a sponsorship letter from their employer mentioning clearly that their employer accepts payment of any outstanding Device amount in case of default of payment by the Customer. This letter is to apply only to the retail value of the Device.
4- The first Instalment will appear in the next due bill with further Instalments due on a monthly basis on or after that date thereafter.
5- The customer shall pay all the Instalments for the Device. Monthly Instalments shall be billed in accordance with Batelco’s standard and published terms and conditions as amended from time to time.
6- All warranty provisions are the sole responsibility of the Device Supplier.
7- Subject to any right you may have to claim directly from the manufacturer under clause 7.1 of the mobile postpaid terms and conditions (events outside Batelco’s reasonable control) the return of the Device or exchange for another brand shall not be accepted by Batelco under any circumstances whatsoever. Batelco shall not accept any liability for the Device in any circumstance including loss or damage.
8- The Device Supplier will be responsible for the warranty/support of the hardware and software supplied. Any third party hardware/software in the Device, the Customer acknowledges and agrees that all claims in relation to the Device shall be made under the device warranty (if one exists) or against the Device Supplier and waives all claims in relation to the Device against Batelco.
9- Any upgrade of the Device desired by the Customer shall be dealt with the respective Device Supplier and the Customer shall bear any additional costs separately.
10- The maximum number of Device Instalment services per Customer is equal to the number of mobile postpaid subscriptions of that Customer.
11- Title of ownership of the device shall pass to the Customer once the 24 month term ends, or upon receipt of the Device retail value in full from the Customer, whichever is earlier.
12- If the Customer terminates this Agreement or changes to another mobile postpaid package before the end of the agreed contract period, the Customer shall pay the outstanding amount of the Device. This amount will be calculated based on the remaining months of the contract. For further information on the outstanding charged amount, please refer to http://www.batelco.com/portal/mobile/freetime_rates.asp or ask our sales staff.
13- Batelco may terminate this Agreement for any material breach by the Customer, in which case the Customer must immediately pay the outstanding device amount in full. For the avoidance of doubt, the failure to pay an Instalment on time shall be an event of material breach.
14- Upon the expiry of the 24 month term, Customers will be notified to visit any Batelco retail shop to select any other appropriate mobile postpaid package. If no action is taken by the Customer within 14 days of notification Batelco will transfer customers to Batelco’s default package. For more information on Batelco’s default package(s), refer to http://www.batelco.com/portal/mobile/freetime_rates.asp

Prepaid Terms and Conditions

1. Interpretation
1.1 In this Agreement:
“Agreement” means the contract between BAHRAIN TELECOMMUNICATIONS COMPANY B.S.C. (Batelco) Building 1095, Road 1425, Al-Hamala 1014, PO Box 14, Kingdom of Bahrain and the Customer for the provision of Prepaid Mobile Services, comprising together the Application Form and these Terms and Conditions; “Application Form” means the Application form requesting the Service which has been signed by the Customer, a copy of which is annexed hereto; “Batelco Customer Service Centres” means Batelco centres located at various locations in Bahrain where Customers are provided with Batelco services. “Charges” means the sums payable to Batelco by the Customer pursuant to this Agreement; “Customer” means, the Batelco customer identified in the Application Form and who forms the other party to this Agreement; “Donor” or “Recipient” Operator means another licensed telecommunications operator in Bahrain from or to which a mobile telephone number has been ported pursuant to clauses 10 and 11 of this Agreement; “Equipment” means the equipment (including any software) provided to the Customer by Batelco for the provision of the Service, including, but not limited to Subscriber Identity Module “SIM” Cards. “Intellectual Property Rights” means copyrights (including rights in computer software), patents, trade and service marks, trade and business names (including Internet domain names), design rights, database rights, semi-conductor topography rights, rights in undisclosed orconfidential information(such as know-how, trade secrets and inventions )whether patentable or not(and all other intellectual property or similar proprietary rights of whatever nature )whether registered or not and including orders to register or rights to apply for registration( which may now or in the future subsist anywhere in the universe; “International Roaming” means a value added facility to the Service whereby the Customer is able to use the Service to receive calls only, whilst in certain countries and cities with which Batelco has roaming agreements. “Service” means the service(s,) specified in the Application Form to be provided by Batelco to the Customer pursuant to this Agreement, further details of which can be found in promotional literature available at Batelco’s Customer Service Centres;

2. Commencement and duration of Agreement

2.1 This Agreement commences on the date that the Application Form is signed by duly authorised representatives of Batelco and the Customer. The duration of this Agreement will be until the valid termination of this Agreement by either party in accordance with clauses 8 and 9.

3. Rights and obligations

3.1 The Customer agrees to pay the Charges and Batelco agrees to provide the Service in accordance with the terms of this Agreement. All Charges shall be paid to Batelco or a third party offering the Service to the Customer, for example, a retail dealer of Batelco’s services upon application.
3.2 Receiving/originating calls through International Roaming may be provided as part of the Service with various packages subject to availability andspecific agreement with the overseas network provider. Charges for such calls are determined by Batelco’s roaming rates and will be directly deducted from the Customer’s balance. The Customer shall be responsible for all such charges whenever the Customer uses the International Roaming facility. Information regarding roaming charges may be obtained from Batelco Customer Service Centres.
3.3 Batelco may from time to time, at its sole discretion,
3.3.1 change the technical specification of the Service, provided that any changes do not materially affect the substance or the performance of the Service; or
3.3.2 suspend the Service for operational reasons (such as maintenance or Service upgrades) or because of an emergency.
3.4 Batelco shall endeavour, before exercising any of its rights under sub clause 3.3, to give the Customer as much advance notice as is reasonably possible (approximately seven (7) days for non-emergency situations).
3.5 The Customer acknowledges that it is not possible for Batelco to guarantee fault-free Service, particularly given Service quality will be affected by the quality of interconnecting operator networks. Where a fault or defect occurs which is not due to an act or default of the Customer and is within Batelco’s network, Batelco will use all reasonable endeavours to repair any such faults.
3.6 The Customer undertakes to provide all such information and assistance as Batelco may reasonably require in order for Batelco to perform its obligations under this Agreement.
3.7 Batelco will allocate a number for the Customer’s use, however, the Customer does not have any ownership rights in that number. Batelco reserves the right to change an allocated Customer number for technical, operational or regulatory reasons at any time with notice.

4. Equipment

4.1 The Customer agrees that any Equipment supplied to the Customer by Batelco (if any) will remain the property of Batelco (unless otherwise notified by Batelco in writing) and be used by the Customer in accordance with any applicable instructions, safety and security procedures issued by Batelco and/or the manufacturer of the Equipment, and the Customer will not add to, modify, or in any way interfere with it nor allow any other persons to do so or attempt to lease, sell or otherwise encumber the Equipment.
4.2 The Equipment will be the Customer’s sole responsibility. The Customer is advised to notify Batelco of any loss, destruction or theft of Equipment immediately upon becoming aware of such event. The Customer shall remain liable to pay all Charges (including call charges) incurred with respect to that Equipment until the Customernotifies Batelco, at which time Batelco may suspend the Service. Lost, damaged or stolen Equipment, may be replaced at the Customer’s request at a charge to be specified by Batelco.

5. Use of the Service

5.1 The Customer will not use the Service:
5.1.1 in a way which does not comply with the terms of any laws or any licence applicable to the Customer, or that is in any way unlawful or fraudulent or, to the Customer’s knowledge, has any unlawful or fraudulent purpose or effect, or which infringes or may potentially infringe the rights (including intellectual property rights) of Batelco or any third party;
5.1.2 in connection with (without prejudice to the generality of sub-clause
5.1.1 above(the carrying out of a fraud or criminal offence against Batelco or any other party; or
5.1.3 to send, knowingly receive, upload, download, use or re-use material which is abusive, offensive, indecent, defamatory, obscene or menacing, or in breach ofcopyright, confidence, privacy or any other rights or which is liable to incite racial disharmony or hatred, or which comprises of a virus or other code liable to cause loss or damage; or
5.1.4 to send or procure the sending of any unsolicited advertising or promotional material; or
5.1.5 in a way that in Batelco’s reasonable opinion could have a materially detrimental effect on Batelco’s business (including the Service).
5.1.6 or allow the Service to be used, modified or adapted to transmit voice or data on public telecommunications system of either Batelco or any other third party telecommunication provider.
5.2 Batelco shall have the right to enforce the obligations set out in sub clauses 5.1.1 to 5.1.6 inclusive by suspending or terminating the Service forthwith without notice if the Customer is in breach of them.

6. Liability and indemnity

6.1 Batelco shall not be liable to the Customer in any event for consequential, indirect or special damages or for loss of profit, and shall not otherwise be liable to the Customer except in the case of negligence of wilful default of Batelco, its officers and employees. If Batelco shall be held liable to the Customer, its liability shall be limited to ten (10) Bahraini Dinars per month being, the amount equal to the average Charges payable for the Service for the twelve )12( month period.
6.2 The Customer will indemnify and defend Batelco against all claims and proceedings whatsoever and howsoever arising (whether actual or threatened) arising out of Batelco’s performance of its obligations under this Agreement and the Customer’s use of the Service so long as Batelco acts in good faith and in the absence of negligence or wilful default on the part of Batelco, its officers or employees.
6.3 Nothing in this Agreement shall exclude or limit the liability of either party for death or personal injury resulting from the negligence of that partyor its directors, officers, employees, contractors or agents, or, in respect of fraud or of any statements made fraudulently by that party or its directors, officers, employees, contractors or agents;

7. Events beyond Batelco’s Reasonable Control

7.1 Batelco shall not be liable to the Customer if it is unable to perform any obligation or provide the Services because of any factor outside Batelco’s reasonable control, including (but not limited to ) act of God, fire, extreme weather conditions, industrial action, default or failure of a third party, war, act of government or state, terrorist acts, civil commotion, insurrection or embargo.

8. Termination

8.1 The Customer may terminate this Agreement and provision of the Service at any time on one (1) day’s notice to the other party.

9. Breach

9.1 Batelco may terminate this Agreement immediately on written notice, if the Customer:
9.1.1 commits a material breach of this Agreement, and fails to remedy such breach; or
9.1.2 is the subject of a bankruptcy order, or becomes insolvent, or makes any arrangement or composition with or assignment for the benefit of the Customer’s creditors, or goes into voluntary ( otherwise than for reconstruction or amalgamation) or compulsory liquidation or a receiver or administrator is appointed over the Customer’s assets.
9.2 If any of the events detailed in sub-clause 9.1 above occur, Batelco may by notice to the Customer (setting out the reasons) suspend the Service or any part of it without prejudice to its right to terminate this Agreement. If the Service is suspended (but not if Batelco suspends part of the Service) for a continuous period of twenty eight (28) days then the Customer may give notice to Batelco to terminate this Agreement.

10. Terms applying where Customer has ported (transferred) a number allocated to a Donor Operator to Batelco from that Donor Operator:

10.1 Customer shall not be entitled to transfer the ported number to any other Batelco account, either belonging to the Customer or a third party;
10.2 Customer shall not be entitled to request a change in number; however Customer may terminate the Service in accordance with the provisions of this Agreement and re-apply for the Service under a separate number; and
10.3 Batelco shall be entitled to suspend or terminate (in whole or in part) provision of the Service and terminate this Agreement without notice if requested to do so by the Donor Operator on the basis that Customer has not settled previous overdue bills rendered by that Donor Operator in relation to the ported number.

11. Terms applying where Customer wishes to port a Batelco number to a Recipient Operator:

11.1 Customer is entitled to port the Batelco number to an account held with a Recipient Operator, by requesting the Recipient Operator to port the number from Batelco’s network.
11.3 Any prepaid credit available to Customer will immediately expire upon successful porting and will not be carried forward to any account held with the Recipient Operator.

12. Changes

12.1 Batelco may vary its terms of Agreement, resulting in an excessive increase in the Charges or changes that may alter the terms of Agreement. Should such changes be to the Customer’s detriment, the Customer may terminate this agreement subject to clause 8.

13. Notices

13.1 Any notice to be given by the Customer to Batelco shall be effective verbally or in writing and delivered to Batelco Customer Service Centres, Kingdom of Bahrain.
13.2 Any notice to be given by Batelco to the Customer shall be effective if through media communication or in writing and delivered to the address or sent to any relevant facsimile number for that party set out in the Application Form.

14. Miscellaneous

14.1 Batelco may assign, novate or sub-contract any of its rights or obligations under this Agreement. The Customer shall not be entitled to assign, novate, sub-contract or otherwise dispose of any of its rights or obligations under this Agreement (unless otherwise agreed with Batelco in writing).
14.2 Save as expressly provided under this Agreement, all other warranties whether express or implied are hereby excluded to the fullest extent permissible by law and this Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements.
14.3 The Customer hereby represents and warrants to Batelco that the Customer has the full power to enter into this Agreement and that all information supplied by the Customer to Batelco and/or entered onto the Application Form is true, accurate and complete in all respects.
14.4 If a provision of this Agreement is not legally effective, the remainder of this Agreement shall be effective. Batelco can replace any provision that is not legally effective with a provision that is effective.
14.5 In the event (and to the extent only) of anyconflicts or inconsistencies between these Terms and Conditions and any of the constituent parts of this Agreement, then the following application of priority shall apply: these Terms and Conditions; the Application Form:

15. Governing law and jurisdiction

15.1 This Agreement shall be governed by and interpreted in accordance with the laws of the Kingdom of Bahrain and the parties submit to the exclusive jurisdiction of the courts of the Kingdom of Bahrain in relation to all disputes.

Fixed Line and ISDN Terms and Conditions

General Terms and Conditions (Carrier Pre-Selection)

1. When a customer delivers a Change Request directly to Batelco, Batelco shall notify the new Pre-Selected Operator(s) in writing five (5) business days of receipt of the Change Request within a further five (5) business days.
2. Batelco will only be providing the CPS option for fixed telephone lines excluding prepaid calling cards, public payphones, mobile special premium services, paging and fixed wireless service.
3. Customers can only use CPS for all direct national calls starting with (17) and direct international calls starting with (00).
4. Each Batelco Customer shall have the right to choose one, and only one, pre-selected operator for purposes of that subscriber’s default national telecommunication operator and one, and only one, pre-selected operator for purposes of that subscriber’s default international telecommunication operator.
5. Any change of request by customer or carrier may be subjected to a fixed charge.
6. Calls to emergency services and short code calls are not subjected to Pre-Selection and calls will continue to be routed without transfer to another operator.

General Terms and Conditions (Telephone and ISDN)

1. The customer has agreed that Batelco shall provide Telephone or ISDN Services or shall install the equipment that the client has purchased from Batelco and maintain it on his own account as per the bills issued by Batelco for such purpose. He has also agreed that he shall not object to the prices for providing the service, installation and replacement of equipment or any other expenses charged by Batelco.
2. Batelco shall not be responsible for the technical faults that lead to full or part discontinuation of Telephone or ISDN Service. However, the customer must notify Batelco of such faults immediately to arrange for the repair, the cost of which shall be fully borne by the customer.
3. Usage:
3.1 Batelco will use its reasonable endeavours to advise customers: 
(a) when their telephone usage has exceeded their chosen BD limit; and 
(b) that calls will be blocked as a consequence of exceeding such limit.
3.2 Please note that the Service may be temporarily unavailable due to certain circumstances, including but not limited to technical failures and system upgrades. As a result, during such period/s Batelco may be unable to: 
(a) notify customers if their usage exceeds their chosen BD limit; and 
(b) block their calls as a consequence of exceeding such limit; which will result in the customer exceeding his/her credit limit and being obliged to pay for any additional usage.
4. The customer undertakes to settle the charges prescribed for Telephone or ISDN Service, telephone calls and ISDN charges. He shall also undertake to pay installation charges and cost of repair of any faults as per the bills issued by Batelco. In case the customer fails to pay any bills due for payment to Batelco during the period specified on the bill, Batelco shall have the right to disconnect the service and other services provided by Batelco to him, without any responsibility on the part of Batelco. The service shall not be returned to the customer until all his liabilities towards Batelco are fully settled.
5. If the Customer does not pay an invoice by the due date, Batelco shall have the right at its discretion and without notice to the Customer to: 
(a) transfer the unpaid invoiced amount to the account of any other service(s) provided to the Customer by Batelco, and the Customer shall be liable to pay all charges on any invoice issued by Batelco for such service(s) by the due date; and 
(b) deduct the unpaid invoiced amount from any payment or credit due to the Customer by Batelco under this Agreement or any other agreement for service(s) provided by Batelco to the Customer. The rights in this clause are in addition to any other rights that Batelco has under these terms and conditions, including the right to suspend or terminate the Service or any other service provided by Batelco.
6. The customer shall be responsible for the cost of any authorized equipment connected by the customer to Batelco network. He shall also be responsible for the cost of repair and maintenance of such equipment.
7. Batelco shall have the right to change the service number of any subscriber as necessitated by work requirements.
8. The customer must facilitate the assignment of any Batelco’s employee when he comes during reasonable times to inspect, maintain and carry out necessary repairs to the service lines. The Customer undertakes to indemnify Batelco against any injury, loss or damage suffered by Batelco or its employees when on the Customer’s premises.
9. Batelco will endeavour to Cease/install the line on the required date. However, this cannot be guaranteed in case of technical problems beyond its control.
10. Any equipment connected to the ISDN line MUST carry the Ministry of Transportation approval. Batelco will not be responsible for any charges caused either directly or indirectly by unapproved equipment.
11. The customer shall be fully liable for charges incurred due to miss-configuration of the router, ISDN modem or any related equipment.
12. If a fault is due to the customer’s equipment, then Batelco shall charge the ISDN customer as per the Batelco standard rates.
13. Batelco shall have the right to withdraw, partially or totally, the ISDN service for technical or other reasons without being responsible for the consequences from this action.
14. Except as expressly provided for in these terms and conditions Batelco shall not in any circumstances be liable for consequential losses, indirect or special damages of any kind arising out of or in any way connected with the performance or failure to perform this agreement.
15. Batelco offers Directory inquiry (181 services) for fixed customers at a charge of 150 fills per call.
16. Terms applying where the customer has ported (transferred) a number allocated to another licensed operator in Bahrain (a “Donor Operator”) to Batelco from the Donor Operator:
16.1 The customer shall not be entitled to transfer the ported number to any other Batelco account, either belonging to the customer or a third party;
16.2 The customer shall not be entitled to request a change in number; however Customer may terminate the Telephone or ISDN Service and re-apply for the Telephone or ISDN Service under a separate number; and
16.3 Batelco shall be entitled to progressively suspend service features, up to and including termination of the Telephone or ISDN Service without notice if requested to do so by a Donor Operator on the basis that the customer has not settled previous overdue bills rendered by that Donor Operator in relation to the ported number.
17. Terms applying where the customer wishes to port a Batelco number to another licensed operator in Bahrain (a “Recipient Operator”):
17.1 The customer is entitled to port the Batelco number to an account held with a Recipient Operator, by requesting the Recipient Operator to port the number from Batelco’s network. In such circumstances, the customer will be deemed to have requested immediate termination of the Telephone or ISDN Service under that number, whereupon all outstanding charges due by the customer to Batelco shall continue to be due and payable in accordance with these terms and conditions.
17.2 If the customer ‘s payment to Batelco is overdue and not paid with these terms and conditions, Batelco may request that the Recipient Operator progressively suspend service features, up to and including termination of service being provided to the customer under the ported number.

eFax Terms and Conditions

1. Definitions

In this Contract, the following expressions shall, unless the context otherwise requires, have the following meanings:
Batelco Network: Means the telecommunications system(s) run by Batelco from time to time for the purpose of providing the Services.
Batelco’s normal working hours: Means the working hours normally operated by Batelco as notified to the Customer from time to time namely, Sunday – Thursday from 7:00 a.m. – 14:45 p.m.
Batelco’s Service Literature: Means brochure, tariff schedule, customer guide, service or device description or instruction as current from time to time published by or on behalf of Batelco in connection with provision of the Services the terms of which are expressly incorporated herein by reference.
Billing Period: Means one calendar month unless otherwise stated. Customer Apparatus: Means any apparatus at the Premises used by the Customer in order to obtain the Services.
Initial Period: Means the period specified in the contract, commencing on the Service Commencement Date. Month: Means a calendar month. Premises: Means the Customer’s service address being the premises or other location from, to or in respect of which the Services are to be provided.
Monthly Rental Charges: Means Batelco’s fixed monthly recurrent fee for provision of the Services as set out from time to time in Batelco Service Literature or as may be specified by Batelco in writing from time to time.
Service Commencement Date: Means the date up on which the Services are ready for use by the Customer.
Services: Means the conveyance of data by means of the Batelco Network, the Links and the Equipment, consisting of such message storage, transmission, reception and other services as selected and includes the service of maintaining the Batelco Network, the Links and the Equipment.
Users License Registration: Means the charge for connecting the Customer to the Services as set out in Batelco’s Services Literature or as may be specified by Batelco in writing from time to time.
Usage Charges: Means Batelco’s applicable usage and other charges for the provision of their Services as set out from time to time in Batelco’s Service Literature.

2. Duration and Provision of Services

This Contract shall come into force on the date hereof for a period of one (1) calendar year and shall, subject to the terms hereof, continue in force unless either party gives the other not less than one (1) months’ written notice, expiring at the end of the initial period or at any time thereafter.

3. Access to the Services

3.1 Unless otherwise agreed in writing, it shall be the sole responsibility of the Customer to arrange for the provision of a telecommunications link between the Customer Apparatus and the Batelco system. The various acceptable means of providing such a link are set out in Batelco Service Literature, and the method chosen by the Customer shall be as set out in the service information sheets and as varied from time to time by agreement in writing between the parties and such agreement to be (if requested by Batelco) made or confirmed in writing.
3.2 Batelco agrees to provide all reasonable assistance to ensure the link referred to in clause 3.1 is properly connected to the Batelco System.
3.3 Unless otherwise agreed in writing, the Customer shall be solely responsible for all charges incurred as a result of installing and using the link referred to in clause 3.1.

4. Batelco’s Service Obligations

4.1 Batelco agrees to provide the Services with a reasonable degree of skill and care. However, provision of certain facilities which may form part of the Services shall be subject to the following conditions: 
4.1.1 The Customer’s instructions for delivery of messages must be received by Batelco in a form approved by Batelco. 
4.1.2 Batelco shall use reasonable endeavours to ensure that messages to be transmitted at certain times to certain destinations are so sent, but shall have no liability whatsoever or other obligation to the Customer if such messages are not properly or are incorrectly sent and received for any reason. 
4.1.3 Should a Customer’s message necessitate the use of a third party, Batelco will not be held liable for any standard of service which does not meet Batelco’s standard of service as a result of the quality of service offered by that third party. 
4.1.4 Should a Customer authorise Batelco to transmit messages by means of the Services, the Customer shall indemnify Batelco for all costs, liabilities and expenses incurred as a result of any third party bringing, or threatening to bring a claim against Batelco resulting from the generation of such message by means of the Services. 
4.1.5 Should a Customer’s message cause temporary damage to the Services, Batelco has a right to delete the message from the Services without consultation but with subsequent notification to the Customer.

5. Customer’s Obligations
5.1 The Customer undertakes promptly to provide Batelco (free of charge) with all such information and co-operation that Batelco may reasonably require from time to time to enable it to proceed uninterruptedly with the performance of its obligation and exercise of its rights under this Contract.
5.2 The Customer undertakes to use the Services in accordance with such conditions as may be notified in writing to the Customer by Batelco from time to time and in accordance with the relevant provisions of the Batelco license.
5.3 Without limitation to the generality of the foregoing, the Customer undertakes not to use the Services: 
5.3.1 For any purpose other than that for which the Services are provided as may be set out from time to time in Batelco Services Literature. 
5.3.2 For the transmission of any material which is or is intended to be a hoax call to emergency services or is of a defamatory, pornographic, offensive, rebellious or abusive nature or of an obscene or menacing character. 
5.3.3 In a manner which constitutes a violation or infringement of the rights of any person, firm or company (including but not limited to rights of copyright or rights of privacy or confidentiality) or a violation or infringement of any statutory duty or obligation or any duty or obligation in contract, tort or otherwise, to any such use. 
5.3.4 For the transmission of any material which may be considered to incite or encourage people to act in an unlawful manner with regard to the established law of Bahrain or to create civil disturbances within the law of Bahrain or elsewhere.
5.4 The Customer shall indemnify and keep indemnified and hold free and harmless Batelco against all liabilities, claims, damages, losses and proceedings arising out of or in any way connected with any such use.
5.5 The Customer shall ensure that all documents transmitted on its behalf by Batelco, including advertising and publicity material, are of a quality and content which do not bring or are not likely to bring Batelco’s name into disrepute and contain nothing which is likely, in light of generally prevailing standards of decency and propriety, to cause offence to members of the public. Batelco’s opinion as to this shall be final and binding.

6. Customer Apparatus
6.1 If requested by Batelco, the Customer shall by a date stipulated by Batelco provide, Batelco with the specifications of any item of Customer Apparatus and any other information Batelco reasonably requires in order to provide the services. Furthermore, the Customer shall at its own expense modify Customer Apparatus in accordance with Batelco instructions provided such modifications shall take full account of any approval granted by the Bahrain Regulatory Office to the Customer Apparatus in question.
6.2 The Customer shall ensure at all times that the Customer Apparatus shall, to the extent and manner necessary, be approved for connection and the Customer shall at all times comply with the conditions of such approval. Batelco reserves the right to suspend access to the Services without notice should the Customer not fulfill its obligations under this Clause, in the opinion of Batelco it is liable to cause the death of, or personal injury to, or damage to the property of Batelco or any person engaged in the running of the Batelco System or materially to impair the quality of any telecommunications service provided by means of the Batelco System.

7. Charges and Payment
7.1 In consideration of the provision of the Services the Customer shall pay the following charges to Batelco : 
7.1.1 The Users License Registration (as specified in Schedule 1) payable once from the date that the relevant Services are established. 
7.1.2 The Monthly Rental Charges (as specified in Schedule 1) payable in advance at the beginning of each Billing Period. 
7.1.3 Usage Charges (as specified in Schedule 1) payable in arrears at the end of each Billing Period in respect of usage of Services during such period.
7.2 Where specified, Batelco shall be entitled to receive a minimum aggregate charge in each Billing Period.
7.3 Batelco shall notify the Customer of any increase in the charges referred to in Clause 7.1 by prior written notice given not less than twenty eight (28) calendar days before such increase comes into effect. Batelco shall be at liberty to decrease charges as it sees fit and shall endeavour to provide twenty four (24) hours notice to the Customer in respect thereof.
7.4 Usage Charges payable shall be calculated by reference to data recorded or logged by Batelco and not by reference to any data recorded or logged by the Customer. Batelco shall prepare and send bills for Usage Charges to the Customer due at the end or each Billing Period and in such form and manner as Batelco may deem appropriate, or as otherwise agreed by Batelco and the Customer.
7.5 All sums due to Batelco under this Contract are exclusive of any applicable charges which may from time to time be introduced, and which shall be charged thereon in accordance with the relevant regulations in force at the time of making the chargeable supply and shall be paid by the Customer.
7.6 All sums due to Batelco under this Contract shall be payable by the Customer within thirty (30) days of the date of the relevant invoice. However should the Customer fail to make any payment within such period, without prejudice to its other rights hereunder; Batelco shall have the right to require the customer to pay all sums due hereunder on demand.
7.7 Payment of all sums due to Batelco under this Contract shall be made by the Customer in full (without any set-off, deductions or withholding whatsoever) by cheque, or by such other method as may reasonably be specific from time to time by Batelco.
7.8 If the customer does not pay an invoice by the due date, Batelco shall have the right at its discretion and without notice to the Customer to 
7.8.1 transfer the unpaid invoiced amount to the account of any other service(s) provided to the Customer by Batelco, and the Customer shall be liable to pay all charges on any invoice issued by Batelco for such service(s) by the due date; and 
7.8.2 deduct the unpaid invoiced amount from any payment or credit due to the Customer by Batelco under this Agreement or any other agreement for service(s) provided by Batelco to the Customer. The rights in this clause are in addition to any other rights that Batelco has under these Terms and Conditions, including the right to suspend or terminate the Service or any other service provided by Batelco. 

Schedule

Description Amount in BD
User License Registration
Consumer BD 2.000
Business BD 5.000
Monthly Rental
Consumer BD 1.800
Business BD 2.500
Account Modification Change email address, block outgoing traffic (once off)
Consumer BD 4.000
Business
Bill Printout*
Consumer BD 0.300
Business
Usage:
Customer is to be charged standard PSTN and IDD call charges while sending faxes from his email account.
* This charge only applies if customers request for a printed bill.

8. Terms applying where the customer has ported (transferred) a number allocated to another licensed operator in Bahrain (a “Donor Operator”) to Batelco from the Donor Operator:
8.1 The customer shall not be entitled to transfer the ported number to any other Batelco account, either belonging to the customer or a third party;
8.2 The customer shall not be entitled to request a change in number; however Customer may terminate the eFax Service and re-apply for the eFax Service under a separate number; and
8.3 Batelco shall be entitled to progressively suspend service features, up to and including termination of the eFax Service without notice if requested to do so by a Donor Operator on the basis that the customer has not settled previous overdue bills rendered by that Donor Operator in relation to the ported number.

9 Terms applying where the customer wishes to port a Batelco number to another licensed operator in Bahrain (a “Recipient Operator”):
9.1 The customer is entitled to port the Batelco number to an account held with a Recipient Operator, by requesting the Recipient Operator to port the number from Batelco’s network. In such circumstances, the customer will be deemed to have requested immediate termination of the eFax Service under that number, whereupon all outstanding charges due by the customer to Batelco shall continue to be due and payable in accordance with these terms and conditions.
9.2 If the customer’s payment to Batelco is overdue and not paid in accordance with these terms and conditions, Batelco may request that the Recipient Operator progressively suspend service features, up to and including termination of services being provided to the customer under the ported number.
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