General Terms and Conditions for Provision of
Telecommunications Service
This document details the terms and conditions for the provision of the Services by Dhiraagu. The
Customer is deemed to have accepted the Conditions and the relevant tariffs when applying for
the Services
1. Definition and Interpretation
1.1 In these General Terms and Conditions of Service, the following words and expressions
shall have the following meanings:
"Account" means any account of a Customer with Dhiraagu with respect to the provision of
any Service;
"Bill" means any bill, invoice or statement issued or rendered by Dhiraagu of any charge,
fee or other sum stated therein as due or payable to Dhiraagu and/or of the sum or sums or
balance due or payable to or from Dhiraagu in respect of any Service or on any Account;
"Customer" means any person who applies or subscribes for or utilises any Service (in the
case of a Customer which is a corporation, means the corporations comprising the
Customer and its related corporations);
"Customer Agreement" means an agreement between Dhiraagu and the Customer relating
to any Service or Dhiraagu Equipment, including the General Terms and the Specific
Terms, if any, relating thereto;
"Customer Premises" means any premises or place at which the Services are used from
time to time;
"Customer Request" means any request, order or instruction of the Customer to Dhiraagu
(whether with respect to any Service or otherwise);
"Dhiraagu" means Dhivehi Raajjeyge Gulhun Private Limited, whose registered office is
located at 19, Medhuziyaraiy Magu, Male’.
"Dhiraagu Equipment" means any equipment or thing owned, operated, installed and/or
hired out by Dhiraagu (including, where the context so admits, any software installed
therein or used by Dhiraagu in conjunction with the operation of such equipment or thing);
"Dhiraagu Intellectual Property" means all patent, copyright, trademark and other
intellectual property subsisting in any Service or any telecommunications system operated
by Dhiraagu or any Dhiraagu Equipment;
"Dhiraagu Software" means any computer programme, software or other materials installed
or provided by or on behalf of Dhiraagu for the purpose of using any Dhiraagu Equipment
or any Service and including any software installed in any Dhiraagu Equipment;
"Due Date" means the due date specified in the relevant Bill, or if no such date is specified,
the date which is 10 days from the date of the Bill;
"Charges" means fees, charges and/or rental in connection with provision of any Service;
"General Terms" means these General Terms and Conditions;
"Law" means the laws of the Republic of Maldives, including the Regulation and all rules
and regulations made thereunder and the rules, regulations, codes of practice, guidelines
and directions of the TAM (Telecommunications Authority of Maldives) made under or
pursuant to any law in force in the Republic of Maldives;
"Maldives Telephone Directory" means the directory published by Dhiraagu (whether in
physical or electronic form) which lists the telephone numbers of all subscribers of
telephone services in Maldives;
"Payment Terms" means terms and conditions by or subject to which the Charges become
due and payable, as determined by Dhiraagu from time to time;
"Person" includes any association, partnership, firm or corporation;
"Regulation” means the Telecommunications Regulation 2003 issued on 4 September 2003.
"Service" means any telecommunications or other service (including the supply, rental or
installation of any equipment and any service comprised in any Customer Request) offered
or provided by Dhiraagu from time to time;
"Service Number" means any number or alphanumeric symbols or characters assigned by
Dhiraagu or selected by the Customer for the purpose of the provision to or utilisation by
the Customer of any Service and/or Dhiraagu Equipment including telephone number,
mailbox number, e-mail number or address, network user identity, password and circuit
reference number;
"Specific Terms" means the terms and conditions prescribed by Dhiraagu or agreed
between the Customer and Dhiraagu with respect to the provision of any particular Service;
"TAM" means the Telecommunications Authority of Maldives;
"Taxes" means all taxes (including goods and services taxes), duties, levies, and other
similar charges (and any related interest and penalties) however designated, imposed under
any Law or the law of any jurisdiction outside Maldives with respect to the provision of
any Services or on any Charges or payment due or payable to Dhiraagu from the Customer;
"Telecommunications equipment" means any equipment used for the purpose of
telecommunications or which facilitates telecommunications or the provision of any
telecommunications service;
"Unlisted Service Number" means a Service Number which Dhiraagu has agreed with the
Customer not to list or disclose (in the Maldives Telephone Directory or in any other
directory, publication or otherwise).
1.2 Where the context so admits, the singular shall include the plural and words in the
masculine gender shall include the feminine gender and/or neuter gender and vice-versa.
1.3 Any reference in the General Terms to any condition shall be construed as a reference to
the condition in the General Terms unless otherwise expressly stated.
2. Application of General Terms
2.1 The General Terms shall apply to each and all the Services applied for or provided to the
Customer in addition to any Specific Terms except to the extent, if any, expressly excluded
in the Specific Terms provided nevertheless:
a. that only to the extent that such conflict or inconsistency cannot be so resolved, the
provision of the Specific Terms shall prevail over the provision of the General Terms;
and
b. that all rights conferred on Dhiraagu under the General Terms with respect to any
matter or event shall be additional to the rights conferred on Dhiraagu under the
Specific Terms or any other agreement with the Customer with respect to that matter or
event.
2.2 This Customer Agreement shall remain in full force and effect until terminated pursuant to
condition 8 of these General Terms.
3. Charges, Deposit, Payment Terms, Interest and Taxes
3.1 Dhiraagu may subject to compliance with the applicable provisions of the Regulation
determine and impose Charges and the Payment Terms and may vary or revise any or all of
them from time to time and such variation or revision shall take effect as notified in
advance to the Customer by Dhiraagu.
3.2 The Customer shall only be charged Charges in respect of the Services that it has applied or
subscribed for or has utilised.
3.3 The Customer shall promptly pay Dhiraagu all the Charges and any other sums due or
payable to Dhiraagu with respect to any of the Services (including all sums set out in any
Bill on the Due Date) in accordance with the Payment Terms and without any set off,
counterclaim, deduction or withholding whatsoever. The use of roaming services of GSM
licensed operators outside the Maldives is subject to the terms and conditions relating to
that GSM operator’s service, including service charges, which will vary from individual
operators. Dhiraagu shall provide the customer with information concerning charges upon
request, provided, that Dhiraagu has access to such information.
3.4 Dhiraagu may require the Customer to maintain a deposit with Dhiraagu as security for the
discharge of obligations and liabilities of payment by the Customer relating to the provision
of the Services and/or the installation of Equipment or Software under this Agreement. The
amount of the deposit shall be determined by Dhiraagu at its sole discretion. Without
prejudice to any other rights or remedies that Dhiraagu may have against the Customer,
Dhiraagu reserves the right to apply and set-off the deposit against any outstanding Charges
or for any loss or damages suffered or sustained by Dhiraagu as a result of any nonperformance
or non-observance by the Customer of any provisions of this Agreement or
under any of the Customer’s other account under Dhiraagu. Upon termination of this
Agreement, Dhiraagu shall return any remaining balance of deposit without interest within
1 month from the date of termination. A deposit does not relieve the Customer from his
obligations to pay amounts to Dhiraagu as they become due and payable, nor does it
constitute a waiver of Dhiraagu's right to suspend, disconnect, or terminate the Service due
to non-payment of any sums due or payable.
3.5 Dhiraagu may impose a credit limit for the account of the Customer as determined by
Dhiraagu from time to time at its sole discretion. Should any Charges exceeds such credit
limit, Dhiraagu shall be entitled to suspend or terminate the provision of the Services in
whole or in part to the Customer.
3.6 Dhiraagu shall be entitled to charge the Customer interest on any amount due or payable to
Dhiraagu from the Customer at the Prescribed Rate calculated and compounded in such
manner as may be determined by Dhiraagu from time to time.
3.7 The Customer shall bear and pay all Taxes. If the Customer is required under the Law or
the law of any jurisdiction outside Maldives to deduct or withhold any sum as Taxes
imposed on or in respect of any amount due or payable to Dhiraagu, the Customer shall
make such deduction or withholding as required and the amount payable to Dhiraagu shall
be increased by any such amount necessary to ensure that Dhiraagu receives a net amount
equal to the amount which Dhiraagu would have received in the absence of any such
deduction or withholding
4. Bills
4.1 Dhiraagu may render a Bill in respect of Services monthly or at such other intervals or time
after the Services have been rendered as Dhiraagu may consider to be appropriate or
convenient and subject to any directions issued by the TAM.
The Customer shall promptly check and verify the accuracy of each Bill, and promptly
notify (before the Due Date of the Bill) Dhiraagu in writing of any error, inaccuracy or
discrepancy with respect to any amount, item, entry or matter stated therein and must state
the grounds and reasons for such dispute. The Customer shall promptly provide Dhiraagu
with all information and assistance reasonably requested by Dhiraagu to investigate and
verify any such assertion of the Customer
Dhiraagu shall provide a written response to the Customer within 15 days of its receipt of
such written notice.
4.2 A Customer who pays a Bill, and subsequently chooses to dispute any amount, item, entry
or matter stated therein, must give Dhiraagu a written notice of such dispute not later than
four months from the date of such Bill and in the event that the Customer serves any such
written notice on Dhiraagu with respect to any Bill within the four month period, Dhiraagu
will conduct a complete and objective review of such disputed amount, item, entry or
matter and will provide a written response to the Customer within 15 days of its receipt of
such written notice.
4.3 In case of disputes over any usage of the Services or the Charges, Dhiraagu’s decision
based on its usage records and those of any third party in providing the Services shall be
final and binding on the Customer.
4.4 Any overpayment by the Customer with respect to any amount, item, entry or matter stated
in the Bill shall be credited by Dhiraagu (without interest) to the relevant Account after
Dhiraagu has completed its investigations and is satisfied as to the error or inaccuracy of
that amount, item, entry or matter.
5. Customer Request
5.1 All applications for the Services shall be subject to review and acceptance by Dhiraagu.
Dhiraagu shall not be obliged to provide, carry out or implement any Customer Request in
the absence of any express agreement or confirmation by Dhiraagu that it will do so.
5.2 Any Customer Request which Dhiraagu has agreed or confirmed it would provide, carry
out or implement shall be provided, carried out and implemented by Dhiraagu subject to the
General Terms and Specific Terms relating thereto and such other terms as Dhiraagu may
stipulate, if any, and within such time or period as Dhiraagu may determine having regard
to the circumstances and the resources available, notwithstanding any time or period that
may have been stipulated therefore by the Customer. Any delivery date for the provision of
service is an estimate unless informed in writing otherwise.
5.3 Subject always to the applicable restrictions, limitations and prohibitions in the Regulation,
Dhiraagu may, at its discretion, impose and charge Charges at such rate or in such amount
and calculated in such manner as Dhiraagu may determine in respect of any cancellation,
amendment or revocation of any Customer Request.
5.4 If the Customer requests any deferment of the implementation of any Customer Request
which Dhiraagu had agreed or confirmed that it would provide, carry out or implement,
Dhiraagu may, at its discretion, impose a charge for such deferment at such rate or in such
amount and calculated in such manner as Dhiraagu may determine at that time.
6. Access to Customer Premises and Charges for Attendance and Inspection
6.1 The Customer shall ensure that Dhiraagu, its representatives and agents have safe access to
the Customer Premises at all reasonable times to install, inspect, maintain, repair, remove
or recover Dhiraagu Equipment or to do anything that is reasonably necessary for the
provision of Services under this Agreement. While the Equipment is in the Customer’s
custody or control, the Customer will be liable to Dhiraagu for any loss or damages to the
Equipment.
6.2 If any personnel or contractor of Dhiraagu is required to visit any premises (other than the
premises occupied by Dhiraagu) to inspect, test, repair, install, remove or replace any
equipment or software used by the Customer in connection with any Service, Dhiraagu
shall be entitled to charge the Customer for each visit and/or for the work carried out by its
personnel or contractor at any such premises for the purpose at such rate or in such amount
and calculated in such manner as Dhiraagu may determine at the time unless such visit is
made to repair or replace any Dhiraagu Equipment in discharge of any obligation by
Dhiraagu under any warranty given by Dhiraagu to the Customer with respect to that
Dhiraagu Equipment.
6.3 In the event that:
a. the Customer cancels any appointment made with Dhiraagu for Dhiraagu's personnel or
contractor to visit any premises to install, inspect, maintain or repair any equipment or
thing; or
b. Dhiraagu's personnel or contractor is unable at the date and time specified in any such
appointment to gain access to the premises or to carry out such installation, inspection,
maintenance or repair for any reason not attributable to Dhiraagu or its personnel or
contractor,
Dhiraagu may, at its discretion, charge the Customer such fee for the cancellation or the
visit of Dhiraagu's personnel or contractor to the premises on that date at such rate as may
be determined by Dhiraagu.
7. Service, Equipment and Software
7.1 Unless Dhiraagu agrees otherwise, the Customer must obtain and maintain at his costs all
necessary equipment to access and use the Services.
7.2 The Customer shall:
a. ensure that any and all equipment connected to or used in conjunction with any Service
is approved for use by the TAM and is connected or used in accordance with the Law
and shall obtain the prior written approval of Dhiraagu before connecting (or permitting
any person to connect) any equipment to any telecommunications system operated by
Dhiraagu, or any Dhiraagu Equipment, except where Dhiraagu has dispensed with the
requirement for such approval;
b. promptly comply with all notices, instructions or directions given by Dhiraagu or TAM
in respect of the installation, use or operation of the Service, Dhiraagu Software and all
relevant equipment;
c. install, use and keep all Dhiraagu Equipment in good working condition (fair wear and
tear excepted) in accordance with the specifications, guidelines and recommendations
of the manufacturer or distributor thereof and of Dhiraagu, and shall disconnect or
cease to use any such equipment at the request of Dhiraagu;
d. retain all Dhiraagu Equipment at all times in the custody and control of the Customer at
the premises occupied by the Customer or at such other premises as Dhiraagu may have
approved in writing for the purpose;
e. provide at his own expense, when so required by Dhiraagu, all facilities and resources
whatsoever necessary for the proper installation, operation and maintenance of the
Service and all Dhiraagu Equipment, including, but not limited to, power points,
electricity, conduits, pipes and appropriate access, licence, way-leave, or easement
rights; and
f. ensure that all equipment (other than Dhiraagu Equipment) and all Dhiraagu Software
used or installed by or for the Customer in conjunction with any Service is compatible
and may properly function and operate with all other equipment and Dhiraagu Software
used or installed for the purpose.
7.3 The Customer shall not:
a. use or permit the use of any Service or install, connect, link or use (or permit the
installation, connection, linking or use) of any telecommunications equipment in
contravention of any Law or in any manner which would or is likely to cause any
irritation, annoyance, embarrassment, harassment, disturbance or nuisance of any kind
whatsoever to any person or which would disrupt the provision or operation of any
telecommunications service by Dhiraagu or other licensees of TAM;
b. carry out or permit to be carried out any additions, improvements, adjustments,
modifications, alterations or replacements to any Dhiraagu Equipment or Dhiraagu
Software without the prior written consent of Dhiraagu;
c. without the prior written consent of Dhiraagu, use, or permit any Service to be used, in
any way to directly or indirectly carry or transmit (or facilitate the carriage or
transmission) of any message, data or information which either (i) does not belong to or
originate from the Customer or (ii) is for the purpose of the marketing, sale or provision
of any telecommunications service or facility to any person or for the purpose of reselling
any Service;
d. allow or permit any person to utilise the Service or any Dhiraagu Equipment or
Dhiraagu Software or retain possession of any Dhiraagu Equipment or Dhiraagu
Software without the prior written approval of Dhiraagu; or
e. use or permit any Service or any telecommunications equipment to be used in any
manner or for any activity whatsoever which generates or is likely to generate
telecommunications traffic or usage which causes or is likely to cause congestion in or
disruption to the provision or operation of any telecommunications service by Dhiraagu
or other licensees of TAM, without the prior written consent of Dhiraagu.
7.4 Where the Charges imposed by Dhiraagu on the Customer for the Service are based on any
particular use (or use for any particular purpose), the Customer shall not utilise or permit
the Service to be utilised for any other use or purpose without first notifying and obtaining
the written consent of Dhiraagu and Dhiraagu may impose different Charges for such other
use or purpose.
7.5 The Customer shall permit Dhiraagu to upgrade or replace any Dhiraagu Equipment or
Dhiraagu Software at any time and shall, at the request of Dhiraagu, promptly return any
Dhiraagu Equipment or Dhiraagu Software in exchange for any replacement or upgrade.
7.6 Notwithstanding any provision in these General Terms to the contrary, Dhiraagu assumes
no responsibility or obligation to upgrade or replace any Dhiraagu Equipment or Dhiraagu
Software (whether or not consequent to any change or upgrade of any system or network
maintained or operated by Dhiraagu) to ensure the continuity of any Service.
7.7 Where Dhiraagu extends any Service relating to Unlisted Service Numbers, such Service
shall only comprise the non-publication of the Unlisted Service Number in the Maldives
Telephone Directory and the non-disclosure of the Unlisted Service Number in any
telephone number enquiry service provided by Dhiraagu and does not exclude the Unlisted
Service Number from being displayed on or recorded in any equipment to or through which
any call or transmission is made originating from the telecommunications line to which
Unlisted Service Number relates.
7.8 Dhiraagu does not represent, warrant, guarantee or assume any responsibility for the quality
of any Service or of the signals or data transmitted as part of any Service (including but not
limited to telephone and facsimile transmissions) and shall not be liable for any loss or
damage which may be caused by the loss or mutilation of any signals or data at any stage of
the transmission
8. Suspension and Termination of Service
8.1 Dhiraagu may suspend (indefinitely or for such period as Dhiraagu may consider
appropriate) or terminate any Service at any time by giving not less than fourteen (14) days'
written notice thereof to the Customer and stating its reason(s) for the suspension or
termination of the Services Provided that nothing herein shall prejudice or affect any right
of Dhiraagu to suspend or terminate any Service conferred by the Specific Terms.
8.2 Dhiraagu may suspend (indefinitely or for such period as Dhiraagu may consider
appropriate) or terminate without giving any prior written notice to the Customer any or all
Services at any time after the occurrence of any of the following events:
a. any resolution is passed by the shareholders of the Customer or any proceeding is
commenced before any court of competent jurisdiction for the bankruptcy, judicial
management, winding-up, liquidation of the Customer or the appointment of any
receiver over any of the assets of the Customer or the Customer suspends payment of
its debts or makes any proposal or offer of arrangement or composition to all or any
class of its creditors with respect to its debts;
b. any action is taken by any creditor of the Customer to recover, realise or enforce any
security over any assets of the Customer or to enforce any judgment against the
Customer;
c. the Customer causes any failure, interruption, disruption or congestion of or in any
telecommunications network, system or services (whether of Dhiraagu or any other
person);
d. the Customer has perpetrated a fraud on Dhiraagu;
e. the death or mental incapacity of the Customer; or
f. if in the opinion of any relevant regulatory authority or law enforcement body, it is not
in the public interest to continue providing Services to the Customer for any reason
whatsoever.
g. if, in the opinion of Dhiraagu the Customer has breached any material obligation
or the Customer, or any other person has used, attempted to use or is likely to use any
Service or Dhiraagu Equipment subscribed by the Customer (whether with or without
the authorisation and/or permission of the Customer) in contravention of any Law or
any Customer Agreement, or any gift or consideration of any kind was offered or given
to any officer, employee, agent or contractor of Dhiraagu as an inducement or reward
in connection with the provision of any Service or Dhiraagu Equipment.
8.3 The Customer may terminate the Service by giving Dhiraagu written notice thereof before
such period preceding such termination as may be prescribed by Dhiraagu for this purpose.
8.4 The suspension or termination of any Service shall not affect the rights of either party under
the Customer Agreement.
8.5 Nothing in this condition 8 shall prejudice or affect any right of Dhiraagu to suspend or
terminate any Service conferred by the Specific Terms
8.6 In the event that any Service is terminated:
a. all sums due or accruing due or payable to Dhiraagu with respect to that Service and/or
the use of any Dhiraagu Equipment up to the date of termination shall upon termination
become immediately due and payable to Dhiraagu;
b. the Customer shall immediately return to Dhiraagu all Dhiraagu Equipment used in
relation to that Service in good working condition, fair wear and tear only excepted;
and/or
c. Dhiraagu shall be entitled to charge the Customer the cost incurred by Dhiraagu in
repossessing or acquiring a replacement of any Dhiraagu Equipment which the
Customer has failed to return to Dhiraagu and/or of acquiring a replacement of any
Dhiraagu Equipment which is returned to Dhiraagu in a damaged or defective
condition.
8.7 Where any Service has been suspended (whether or not at the Customer's request), the
Customer shall continue to pay those Charges in respect of that Service for the period
during which the Service has been suspended and, in the event the Service is reconnected
or reinstated, in respect of all reconnection or reinstatement charges.
8.8 Where any Service in respect of which the Customer is under an obligation to subscribe or
use for any stipulated or minimum period is terminated before the expiry of that period, the
Customer shall pay the amount prescribed by Dhiraagu for termination or cancellation of
the Service before the end of that period.
8.9 Dhiraagu may, at its absolute discretion and subject to any Customer Agreement relating
thereto and any other terms which Dhiraagu may impose, reinstate any Service which has
been suspended or terminated subject always to the terms of the Customer Agreement
thereto.
8.10 The rights conferred on Dhiraagu to terminate or suspend any Service shall be exercised
subject to such restrictions, limitations and prohibitions in the Regulation as are applicable.
9. Service Number and Intellectual Property and other Rights
9.1 The Customer shall not acquire any right or interest in:
a. any Service Number notwithstanding the duration for which such Service Number may
have been assigned or used by the Customer or any payment which may have been
made by the Customer for it; or
b. any and all Dhiraagu Intellectual Property.
9.2 Dhiraagu may at any time terminate the availability of any Service Number or change, reassign
or replace any Service Number without giving any reason therefore.
9.3 The Customer shall not use any Dhiraagu Intellectual Property or permit any person to use
any Dhiraagu Intellectual Property.
10. Customer's Indemnity and Liability
10.1 The Customer shall fully indemnify and hold harmless Dhiraagu at all times against all
actions, claims, proceedings, costs (including legal costs incurred by Dhiraagu in defending
any such actions, claims or proceedings), liability, losses and damages whatsoever which
may be brought or commenced against Dhiraagu by any person and/or which Dhiraagu may
sustain, incur or suffer, as the case may be, arising out of or in connection with or by reason
of:
a. the use or operation by the Customer or any person in any way (whether with or
without the authorization and/or permission of the Customer) of any Service subscribed
by or provided to the Customer, Dhiraagu Equipment or Dhiraagu Software;
b. any damage to any equipment operated or used, or any disruption or interference with
the provision or operation of any telecommunications service, by Dhiraagu arising from
the installation and/or use of any equipment by the Customer or any other person
(whether with or without the authorization and/or permission of the Customer);
c. any picture, material or statements howsoever published or circulated by the Customer
or any person in the course of the use of any Service subscribed by or provided to the
Customer, Dhiraagu Equipment or Dhiraagu Software by the Customer or any such
person; and/or
d. any loss of or damage to or any modification or alteration of any Dhiraagu Equipment
or Dhiraagu Software, howsoever caused or occurring at any time after the same shall
have been delivered or provided by Dhiraagu to the Customer or any person designated
by the Customer and before the same is returned to Dhiraagu.
10.2 Where any Service subscribed by the Customer is used in any way for the purpose of or in
conjunction with the marketing, sale or provision of any telecommunications service or
facility to any person or for the purpose of re-selling any Service in breach of any of the
provisions of any Customer Agreement or the Law
a. Dhiraagu shall be deemed to have been deprived of all the business and revenue
generated from the sale or provision of any such telecommunications service or facility
by or in conjunction with the use of the Service and the re-sale of the Service, if any, by
the Customer or any such other person as a consequence; and
b. Dhiraagu shall in addition to all its other rights and remedies arising therefrom be
entitled to recover from the Customer an amount representing the total amount of all
such business and revenue generated.
11. Exclusion and Limitation of Liability of Dhiraagu
11.1 Dhiraagu shall not be liable in any way to the Customer whether in contract, tort (including
negligence or breach of statutory duty) or otherwise for any direct or indirect economic or
financial loss or damage (including loss of revenue or profits) howsoever caused or arising.
11.2 Dhiraagu shall not be liable in any way to the Customer whether in contract, tort (including
negligence or breach of statutory duty) or otherwise for any loss, damage or liability
incurred or sustained by the Customer caused by or as a result of:
a. any failure, delay, interruption to or disruption or deficiency of any Service in the
transmission or reception of any data through any Service, howsoever caused or
arising;
b. any defect, deficiency, breakdown or failure of any Dhiraagu Software;
c. any defect or deficiency in or the breakdown or failure of any equipment or system
(whether or not maintained or operated by Dhiraagu or any other person) howsoever
arising;
d. any loss, corruption or deletion of any data or information (whether belonging to,
provided or stored by the Customer or otherwise) transmitted to or stored in any system
or equipment (whether or not maintained or operated by Dhiraagu, the Customer or any
other person), howsoever caused or arising;
e. any event the occurrence of which Dhiraagu is unable to control or avoid by the use of
reasonable diligence, including but not limited to the failure, shortage or interruption of
electrical power or supply, riots or civil commotion, strikes, lock outs or trade or labour
disputes or disturbances, fire, flood, drought or acts of any government or sovereign,
change in any Law, war or the defaults, omissions or actions of any licensee which has
been issued a license under the Regulation, inclement or extreme weather conditions
and acts of God;
f. the disclosure and/or publication by Dhiraagu of any information or data relating to the
Customer, any Service Number or any Account, howsoever caused or arising.
11.3 subject always to the exemptions and exclusions set out in paragraphs (a) and (b) of this
Clause 11, Dhiraagu's liability to the Customer whether in contract, tort (including
negligence or breach of statutory duty) or otherwise for any and all losses, damages or
liabilities caused or arising from any breach, failure or default of Dhiraagu to perform any
of its obligations or duties to the Customer (whether arising under any Customer
Agreement or at Law) with respect to any Service shall not in aggregate exceed the amount
equal to only those Charges in respect of the Service which are prescribed and imposed
with reference to any time frame or interval (but not usage) for the period of three months
immediately preceding such breach, failure or default on the part of Dhiraagu or, if the
amount of those Charges for such period is zero, the amount equal to the total amount of
the Charges paid by the Customer to Dhiraagu for the same period provided nevertheless
that nothing in this paragraph (c) shall apply to limit or restrict the amount recoverable
from Dhiraagu as compensation for any death or personal injury caused by the negligence
or breach of duty (statutory, contractual or otherwise) of Dhiraagu.
12. Amendments and Variation
12.1 Dhiraagu may from time to time change any of these General Terms including the Specific
Terms. Such changes will take effect as from such date as Dhiraagu may determine.
Dhiraagu will notify the Customer of such changes through written notice, electronic mail,
Dhiraagu Bill, Dhiraagu website or such other form as Dhiraagu deems appropriate. The
Customer agrees that the display of the revised Terms & Conditions (including the Service
Specific Terms & Conditions) on Dhiraagu’s website will constitute notice of the changes.
The Customer’s continued use of the Services will constitute acceptance of the changes and
this Agreement. Dhiraagu shall before effecting any such amendment, variation or
supplement comply with the provisions of the Regulation relating thereto.
13. Communications by Dhiraagu
13.1 Except as provided in Clause 12.1 above, all Bills, notices and communications by
Dhiraagu to the Customer under this Agreement will be deemed given if sent by post, fax
or email or any other means deemed appropriate by Dhiraagu to the Customer’s contact
details in Dhiraagu’s records. Any such Bill, notice, demand or communication addressed
and so dispatched to the Customer shall be deemed to have been received by the Customer
13.2 All notices and requests from the Customer to Dhiraagu shall be in writing unless Dhiraagu
specifies to the Customer otherwise.
13.3 In addition to the foregoing, any notice by Dhiraagu of any amendment, revision or
variation of any Charges, the Payment Terms, the Prescribed Rate and/or any Customer
Agreement relating to any Service published in English or Dhivehi in any newspaper
circulating in Maldives or posted on any Internet website of Dhiraagu shall constitute good
and sufficient notice thereof to the Customer by Dhiraagu on the date such notice is first so
published or posted.
14. Waiver and severability
14.1 No failure to exercise or enforce, and no delay on the part of either party in exercising or
enforcing its rights under any Customer Agreement shall operate as a waiver thereof nor
shall such failure or delay in any way prejudice or affect the right of either party at any
time thereafter to act strictly in accordance with its rights and powers under such Customer
Agreement.
14.2 If any provision of this Customer Agreement is found to be invalid or unenforceable, the
validity and enforceability of the remaining provisions shall not be affected by that finding.
15. Confidentiality
15.1 The Customer shall not and shall procure that no agent, employee or representative of the
Customer shall use (other than for the purpose of utilising the Service) or disclose to any
person any information relating to Dhiraagu or any Service or Dhiraagu Equipment which
is acquired from or provided by:
a. Dhiraagu; and/or
b. any contractor of Dhiraagu in connection with or in the course of the provision of any
Service,
other than information which is or has become publicly available otherwise than through a
breach of any obligation of the Customer.
16. Right to Disclose Customer Information
16.1 Dhiraagu shall be entitled, to use in any manner and for any purpose whatsoever or to
disclose to any person, any information or data relating to the Customer, any Service
Number or any Account or any other information and data provided by the Customer to
Dhiraagu unless such disclosure or use is prohibited in the Regulation.
17. Assignment
17.1 The Customer shall not assign, transfer or encumber any or all of its rights, interests and
obligations under any Customer Agreement with respect to any Service or Dhiraagu
Equipment without the prior written consent of Dhiraagu.
18. Disputes
18.1 Any dispute or claim arising from or relating to a Customer Agreement, including any
dispute or claim regarding the applicability of this provision, shall be resolved under
Dhiraagu’s complaints handling procedure from time to time.
19. Applicable Laws and Jurisdiction
19.1 The Customer Agreement shall be subject to and construed in accordance with the laws of
the Republic of Maldives and the parties hereby submits to the non-exclusive jurisdiction of
the Courts of the Republic of Maldives with respect to any and all claims and disputes
between Dhiraagu and the Customer relating to or arising from the Customer Agreement
provided that the Customer shall not without the written consent of Dhiraagu commence or
prosecute any action or proceeding in any jurisdiction outside the Republic of Maldives
with respect to any such claim or dispute.
19.2 The terms and conditions herein may be translated into Dhivehi, but in the event of any
inconsistency or uncertainty arising there from, this English version shall prevail over any
other version.
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