Terms and Conditions of Subscription of Postpaid Cellular Telecommunication Service PT Hutchison 3 Indonesia
This Agreement of Subscription to Postpaid Cellular Telecommunication Service H3I between the Subscriber and PT Hutchison 3 Indonesia (“H3I”) contains general terms and conditions that must be adhered by the Subscriber (“Agreement”), as follows:
In this Agreement, unless the context requires otherwise, the Terms below have definitions as follows:
- “H3I”, a company, which based on the prevailing laws, is a network and cellular mobile telecommunication services operator.
- “Subscriber” is an individual or a legal entity or government institution, that subscribesto H3I telecommunication service based on Subscription Agreement;
- “Subscription Agreement” is this Agreement including other conditions provided by H3I to Subscriber at the time of provision of the Subscription Form and/or any other forms to be signed by Subscriber in connection with the usage of H3I telecommunication service;
- “Subscription Form” is the form attached at the front page of this Agreement to be signed by an applicant who wishes to be a Subscriber which also constitute as the statement of agreement by Subscriber to this Agreement;
- “Fees” is each and all expenses linked to the usage of H3I network and/or telecommunication service based on Subscription Agreement, imposed by H3I to Subscriber and pursuant to the prevailing laws, including (but not limited to) fix periodic fee, usage fee, administration fee, cancellation fee, connection fee, reconnection fee, license fee, and any other fees including taxes in relation to the payments from Subscriber.
- “Customer Service” is customer service team of H3I that is ready to assist Subscriber whenever Subscriber has questions by dialing 123 or 0896–4-4000-123 or by visiting Customer Service outlet of H3I;
- “PIN” is every personal identification number used by Subscriber as identity indicator to access H3I telecommunication service;
- “Content” is any data, pictures, video/audio illustrated graphics, application, other information or other multimedia content that can be obtained or accessed by using H3I telecommunication service;
- “SIM Card” is Subscriber identity module (SIM) card as defined in Corporate Post Paid Connection Agreement provided by H3I to Subscriber to be used in a cellular telephone or other suitable devices to enable Subscriber to access H3I telecommunication service.
B. General Provisions
- This Agreement shall be valid after all requirements to subscribe H3I postpaid cellular mobile telecommunication service have been fulfilled by Subscriber and approved by H3I, by activating the SIM Card submitted to Subscriber.
- Subscriber guarantees and declares the accuracy and completeness of data and other supporting documents provided by Subscriber with respect to the application of Subscriber to use H3I telecommunication service and Subscriber must submit a written statement to H3I regarding any changes relating to such data and/or document. Subscriber agrees that H3I may use Subscriber’s data to process every Subscriber’s application and may send information regarding products of H3I telecommunication service to Subscriber, including promotion or special offer material from Content providers.
- This Agreement shall be valid for Subscriber who signs Subscription Form, either for and on his/her own behalf, on behalf of legal entity or government institution, although if the person signing the Subscription Form has no capacity to legally represent of such legal entity or government institution, then that person shall and hereby explicitly declare that he/she personally accepts any legal consequences/liabilities.
- Subject to the provisions of Subscription Agreement, after Subscriber is connected to H3I network, Subscriber will be provided with H3I telecommunication service in all H3I telecommunication network and, if available, access to other networks which will be based on specific tariff. Such telecommunication Service shall also include services as required by Subscriber and approved by H3I. Every usage of network and/or service of H3I telecommunication service based on Subscription Agreement will be recorded by H3I.
- There is no guarantee that H3I telecommunication service will be free from faults and disturbances, which in a certain situation or particular place, H3I telecommunication service may not be available continuously or properly.
- Subscriber shall only use H3I telecommunication service for personal purpose and is prohibited to resell or transfer or duplicate for commercial purpose any of H3I communication service including Content. All rights including copyrights of H3I telecommunication service belong to H3I or related creators, among others Content providers. Trademark and pictures, logos and other names related to H3I telecommunication service are owned by H3I Group.
- Subscriber may not use, or allow other party(s) to use H3I telecommunication service for illegal purposes or illegal activities.
- Subscriber must comply with the prevailing laws and regulations of the Republic of Indonesia and other relevant jurisdictions in connection with the usage of network and/or service of H3I telecommunication service, as well as other instructions that are specifically determined by H3I.
- If Subscriber does not fulfill its obligations based on Subscription Agreement, Subscriber hereby agrees to release H3I from any liabilities, including from any claims from third parties, and Subscriber agrees to indemnify all costs and losses borne by H3I as the consequences of such violation.
C. SIM Card
- H3I will provide SIM Card to Subscriber in order to use H3I telecommunication service. SIM Card is remain owned by H3I, however Subscriber is responsible for every and all usage of SIM Card, either for Subscriber’s own use or the use by other parties, including for all Fees, and based on its discretion, H3I may withdraw SIM Card at anytime to upgrade, modify and/or when theSubscription Agreement expires. If requested by H3I, Subscriber must return the SIM Card to H3I at the latest 7 working days following the request to return.
- Subscriber may only use SIM Card with cellular phone or other appropriate and suitable devices in order to use H3I telecommunication network and to access H3I telecommunication service and with regard to the prevailing laws.
- Subscriber must immediately change each PIN informed by H3I to Subscriber at the time of the delivery of SIM Card to Subscriber. Subscriber is responsible for the confidentiality and security of every PIN.
- Migration of SIM Card will be conducted by H3I after all requirements for such purpose as specified by H3I have been fulfilled by Subscriber.
- If SIM Card given to Subscriber is lost, stolen or damaged, or Subscriber has sold or grant SIM Card to other party, Subscriber will be remain responsible for all Fees until Subscriber requests H3I to block such SIM Card or until the Subscription Agreement is terminated according to the provisions under this Agreement. In addition, Subscriber must immediately file a report regarding every loss, stealing or damaged of the SIM Card to the H3I Customer Service department of H3I by telephone and in writing, and then H3I (by its own policy) will immediately replace the SIM Card that is lost, stolen or damaged after Subscriber fulfills all payment obligation related to such matters as will be determined pursuant to H3I policy.
- Subscriber must pay all Fees for the usage of H3I telecommunication network and/or service as specified in H3I’s records.
- H3I will send a monthly billing statement for all Fees due to Subscriber and may send a payment order in writing, or by telephone, or by sending a message to Subscriber, and Subscriber must pay the bill in full within the specified period.
- Payment Method of the Fees may be chosen by Subscriber according to existing terms and facilities. By Subscriber’s prior approval, H3I may impose the fees for payments using a credit card if Subscriber chooses to pay by using a credit card or to debit directly from the Subscriber’s bank account, and for such purposes the Subscriber hereby authorizes H3I to impose all Fees including additional fees and/or related tax (if any) in connection with the usage of H3I telecommunication service by Subscriber.
- If Subscriber fails to pay the bill in full when due, the Subscriber is deemed to violate Subscription Agreement and thus, H3I may restrict or disconnect the access for Subscriber to network and service of H3I telecommunication service temporarily or permanently. Notwithstanding, the Subscriber is remain obligated to fulfill all of the Subscriber’s obligations including to settle all of its outstanding payment obligation to H3I, including late charges (if any). If after H3I restricts or disconnects the Subscriber’s access to H3I telecommunication network and service temporarily or permanently, H3I agrees to restore the Subscriber’s access to H3I telecommunication network and service, Subscriber will be obliged to pay all related Fees to restore the aforementioned connection.
- Subscriber who terminates his subscription to H3I must pay all payment obligations according to Subscription Agreement, and this Agreement shall continue to be valid until all payment obligations have been settled.
E. Limitation or Disconnection of Subscriber’s Access to Network and Service of H3I Telecommunication Service
H3I, based on its own policy, may restrict or disconnect the access for Subscriber to network and service of H3I telecommunication service temporarily without any notice if:
- Subscriber fails to fulfill provisions in Subscription Agreement;
- Subscriber has not yet paid Fees in full when due.
- H3I has appropriate reasons to confirm that Subscriber has given false or misleading data or information;
- H3I believes that SIM Card given to Subscriber has lost or has been stolen;
- H3I receives complain submitted by Subscriber or any other party against Subscriber, which validity can be proven by H3I;
- H3I is requested/obliged by an emergency service or authorized party (including central/regional government and/or military)
- It is necessary to maintain standard of service or integrity of H3I’s network, telecommunication; According to reasonable opinion of H3I, there was or there has been illegal, careless or inappropriate utilization of H3I telecommunication service or related devices by Subscriber;
- Subscriber has exceeded the maximum fee/credit limit that was allocated for him/her;
- H3I has the right to terminate this Agreement.
F. Termination of Subscription Agreement
H3I may terminate the Subscription Agreement if one of the followings occurs:
- Subscriber fails to fulfill the requirements from H3I in relation to the usage of network and service of H3I telecommunication service or fails to fulfill Subscriber’s obligations based on Subscription Agreement.
- After Hutchison temporarily restricts or disconnects the access for Subscriber to network and service of H3I telecommunication service, Subscriber remains not fulfilling his obligations based on Subscription Agreement.
- Subscriber is bankrupt, liquidated, under guardian, managed by a receiver or curator, or deemed not capable to fulfill the Subscriber’s payment obligation when due.
- If Subscriber is an individual (and based on the request from his heirs), Subscriber died or there is a force majeure.
- H3I is of reasonable view to believe that the usage of network and service of H3I telecommunication service by Subscriber has or will or may endanger the operational activities of H3I, H3I telecommunication network or public interest, public security or public order.
If H3I terminates Subscription Agreement because of the grounds as stated in part F.1 above, therefore:
- All network and service of H3I telecommunication service to Subscriber will be terminated and Subscriber shall not use network and service of H3I telecommunication service.
- All payment obligations of Subscriber based on Subscription Agreement become due and Subscriber must pay in full all of his/her obligations immediately.
- Any and all Fees that have been paid in advance cannot be redeemed and are non-refundable.
G. Limitation and Force Majeure
- H3I is not responsiblefor any loss or damage suffered by Subscriber or any third parties, if such loss or damage resulted from Subscriber’s fault, force majeur, or not directly resulted fromH3I’s faults. “Force Majeure” is a condition out of the control of H3I, including but not limited to acts of God, epidemics, fire, earthquakes, storms, floods or other unfortunate events, the threat of war, riots or other acts of violence, industrial disputes, power blackouts, damage of telephone lines, actions of other parties or the resulting state in which H3I cannot provide proper service to Subscriber or to a ban issued by the government
- Subscriber may be able to use H3I telecommunication service to (i) access Content not prepared by or not under the control of H3I, and/or (ii) upload or transmit Content, thus Subscriber will be fully responsible for every consequences caused by such act and H3I will be released from any and all responsibility regarding such matter.
- H3I is not responsible for claims related to the use of SIM Card or its services or the use of cellular phone or other devices relating to the provided services and for physical injuries, illness, health risks, or other damages affecting Subscriber or other parties.
- The provisions of this clause shall survive termination of the Subscription Agreement.
H. Other Provisions
- If any provisions and/or terms in this Subscription Agreement is becoming invalid/unenforceable or become has no legal effect then the remainder of the provisions shall not be affected.
- This Agreement is governed by the laws of the Republic of Indonesia.
- If there is any dispute concerning the interpretation and or the implementation of these Terms and Conditions, Subscriber and H3I agree to initially resolve such disputes amicably. If amicable resolution cannot be achieved, Subscriber and H3I hereby agree to elect a permanent legal domicile at the District Court of South Jakarta.
For further information, Subscriber may contact H3I Customer Service.