1.1 This Agreement sets out the duties and responsibilities of both you and Dhivehi Raajjeyge Gulhun Plc (Dhiraagu) for the provision and use of Telecommunications Services. You are solely responsible for all access to and use of the Service, including any breach of this Agreement by you or any other user of your Service.
1.2 The words and expressions below shall have the following meanings:
“Account” means a statement or record on which we register the Services, which are to be provided, as well as any charges or credits with regard to those Services, and any other information as may be relevant;
“Agreement” means these terms and conditions including any documents referred to or incorporated herein, the terms on the Dhiraagu Application Form, any additional or varied terms and conditions, as we may notify you from time to time, which relate to the provision of any Service, Equipment and/or Dhiraagu Equipment;
"Bill" means any invoice or statement issued or rendered by us for any charge, fee or other sum stated therein as due or payable to us and/or of the sum or sums or balance due or payable to us in respect of any Service, Equipment and/or Dhiraagu Equipment provided to any Account;
“Card” means the pre-paid vouchers used for voice and or data services which you purchase from us or other authorised agents which you may need to use to access a Service;
“Call Credits” or “Data Credits” means the value of calls or data remaining on the Card which is available for use by you;
“Contractor” means a third party engaged by us to provide Service on our behalf;
“Customer Device” means any equipment or other device which we do not provide under this or any other agreement; including but not limited to, wireless equipment owned by you which is approved for connection to our Network, as well as fixed equipment and internal wiring within the Service Address that connects to our Network;
"Customer Request" means any request, order or instruction made by you to us (whether with respect to any Service, Equipment and/or Dhiraagu Equipment or otherwise);
"Dhiraagu" means Dhivehi Raajjeyge Gulhun Plc, whose registered office is located at 19, Medhuziyaraiy Magu, Male’.
"Dhiraagu Equipment" means a line, any device, and all other equipment or thing owned by us, which is operated, installed supplied and/or hired out by us to you pursuant to this Agreement, for the provision of any of the Services (including, where the context so admits, any Software installed therein or used by us in conjunction with the operation of such equipment or device);
"Due Date" means the due date specified in the relevant Bill, or if no such date is specified, the date which is ten (10) calendar days from the date of the Bill;
“Effective Date” for pre-paid Services it means, the date when the Services are first used by you, or as specified in the service kit provided by us. For post-paid Services, basic telecommunication Services, standard internet Services, as well as hired Equipment and/or Dhiraagu Equipment, it shall mean the date that we approve the Dhiraagu Application Form submitted by you.
“Equipment” means the telecommunications equipment that we sell to you and any replacement equipment and/or parts provided by us pursuant to this Agreement, for the provision of any of the Services (including, where the context so admits, any Software installed therein or used by us in conjunction with the operation of such equipment or thing);
“Government” means the government of Maldives and any independent institutions which lawfully exercise authority to control or administers public policy. For avoidance of doubt the definition of Government does not include state owned enterprises or companies or any other commercial ventures initiated or controlled by the government of Maldives.
"Intellectual Property" means all patent, copyright, trademark and other intellectual property subsisting in any Service or any of our Systems or any Equipment and/or Dhiraagu Equipment that we may provide;
"Law" or “Regulation” means the laws of the Republic of Maldives, including all rules and regulations made thereunder and the rules, regulations, codes of practice, guidelines and directions of the CAM (Communications Authority of Maldives) made under or pursuant to any law in force in the Republic of Maldives;
“Network” means the digital communications system provided by Dhiraagu under this Agreement;
“Our Normal Working Hours” means 8:00am to 4.00pm Sunday to Thursday (except public holidays), as may be varied by us from time to time;
“Price List” means our most current price list or tariff sheet of Service, sale or rental of Equipment and/or Dhiraagu Equipment,
"Service" means any telecommunications and/or other services including the means by which we determine to provide the telecommunications and/or other services, which you have ordered from us and which are described in this Agreement and any additional service ordered by you from time to time, as such may be amended under this Agreement;
"Service Number" means any number or alphanumeric symbols or characters assigned by us or selected and bought by you for the purpose of the provision to or utilisation (by you) of any Service, Equipment and/or Dhiraagu Equipment including but not limited to your telephone number, mailbox number, e-mail address, network user identity or circuit reference number;
“Service Acceptance Form” means the form signed by you at the conclusion of the installation or activation of Services, Equipment and/or Dhiraagu Equipment signifying that the Services, Equipment and/or Dhiraagu Equipment has been installed, tested and is fully functional;
“Service Address” means the address or any subsequent address to which you move which you must provide and notify us of, at which the Equipment and/or Dhiraagu Equipment is installed and/or to which the Services are provided;
“Service Start Date” means the date that the Services are operational;
"Software" means any computer programme, software or other materials installed or provided by or on behalf of us for the purpose of using any Equipment and/or Dhiraagu Equipment or any Service and including any software installed in any Equipment and/ Dhiraagu Equipment;
“System” means our telecommunications system;
"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 by you to us;
“us” or “we” or “our” means Dhivehi Raajjeyge Gulhun Plc, its successors in title or assignees;
“you” means the party with whom we make this Agreement and includes a person who we reasonably believe is acting with your authority or knowledge;
1.3 The headings or titles to the clauses in this Agreement are to facilitate reference and shall not be referred to or relied upon in the construction of any provision;
1.4 Where the context so admits, the singular shall include the plural.
1.5 Any reference made to any condition shall be construed as a reference to the condition in these General Terms unless otherwise expressly stated.
1.6 These general terms in addition to any specific terms contained in any separate agreement for the provision of Services, Equipment and/or Dhiraagu Equipment shall apply to any further Services, Equipment and/or Dhiraagu Equipment provided to you, unless they are specifically excluded. Where there is a conflict or inconsistency any specific terms shall prevail over the provision of the general terms. Also, any rights conferred to us under these general terms with respect to any matter or event shall be additional to the rights conferred to us under the specific terms conferred in any separate agreement with you with respect to that matter or event.
1.7 This Agreement shall remain in full force and effect from the Effective Date until terminated pursuant to Clause 13.