Customer Equipment from the Network.

However, the Customer remains liable for charges for all the
TERMS & CONDITIONS calls made before such notification and suspension of services made by BSNL.
An agreement is formed between the customer named overleaf (hereinafter referred to as the Customer) and 4.8 The Customer must pay call charges in respect of all calls made/received during the Agreement
Bharat Sanchar Nigam Limited (hereinafter referred to as “BSNL”) a company registered under the Period from/to his/her mobile number and/or SIM - whether or not authorised by the Customer and
Companies Act 1956, having its registered office at Sanchar Bhawan, 20 Ashoka Road, New Delhi-110001 whether or not they exceed any credit limit, if any, agreed between BSNL and the Customer. This
when the form overleaf or some other form or order (e.g. mail order, Fax etc.) has been signed/sent by or on equally applies to all other tariff payments.
behalf of the Customer and BSNL has accepted the same, when used in these conditions. 4.9 The loss of or inability to use the Customer Equipment or a SIM does not bring the Agreement or the
“Customer Means GSM mobile telephone equipment described in the Agreement. Customer’s Liability to pay charges to an end.
Equipment” 4.10 Where a security deposit has been paid, BSNL is entitled to retain it and apply it as it decides in full or
“Network” Means the BSNL GSM Network. partial satisfaction of any sums due from the Customer to BSNL. At the end of the Agreement period,
“Services” Means the services, which enable the Customer when using the equipment to have two- provided all sums payable to BSNL have been duly paid, the balance (if any) of the deposit or fee will
way communication over the network and includes other value added/supplementary be repaid to the Customer on fulfilment of such conditions as may be intimated by BSNL. No interest
Services offered by BSNL and specifically, opted by the Customer. will be paid on the deposit. BSNL reserves the right to adjust the security deposit of the BSNL
“Tariff” Means and includes the agreed Tariff schedule and all rate and related conditions such connection of one member of a family against the bill of the other BSNL connection(s) issued by other
as deposits, installation fees, rental, usage charges and any other related fees and family member(s).
service charges under the Tariff schedule as notified and published by BSNL from time to 4.11 The call pulse rate shall be governed by the rules and regulations as specified by the Regulatory
time for providing the services and value added/supplementary services. Authorities from time to time and/or specifically specified by BSNL.
“SIM” Means a Customer Identification Module being a card or microchip programmed with 4.12 Itemized monthly bills are available on request and are chargeable in nature at such rate as may be
data, which is used to gain access to the network. decided by BSNL from time to time.
“Customer” Means a person/company/firm/or any other association of persons who has subscribed 5. PENAL CHARGES FOR DELAYED PAYMENT:
for services under this agreement. This agreement binds the customer and whenever & 5.1 The payment against monthly bills beyond the stipulated date shall entail an interest charges @ 2%
wherever applicable, his heirs, executers, administrators, successors and permitted p.m. or such other rate/fixed amount as may be decided by BSNL from time to time, over the payment
assigns and benefits BSNL and its successors and assigns. from the date it became due. This however is without prejudice to the rights of BSNL to suspend the
1. PERIOD OF AGREEMENT services partially or fully due to non-payment.
1.1 The Agreement period shall run in concurrence with Licence Agreement between the Department of 6. SUSPENSION AND DISCONNECTION
Telecommunications, Ministry of Communications, Government of India and BSNL for the operation of 6.1 BSNL may at any time suspend the Services wholly or partially and/or disconnect any Customer
Cellular Mobile Telephone Service in the concerned licensed geographical areas subject to other Equipment from the Network for any reason which is found to be reasonable by BSNL including any of
terms of this Agreement. the following circumstances.
2. COMMENCEMENT 6.2 Due to any discrepancy noted in the material particulars provided in the Form overleaf including
2.1 The customer shall ensure that he/she/it will duly fill and sign the form overleaf and all other required address confirmation.
forms, besides furnishing other particulars/documents for identification as required by BSNL / Govt. of 6.3 The non-payment of bills beyond the due date. The BSNL reserves the right to totally or partially
India from time to time to become eligible for subscribing to the said Services rendered by BSNL. In disconnect the Customer with or without notifying in case of non-payment of the due bill by the due
the event of any default, on the part of customer as stated above, BSNL shall be well within its right to date or in case the cheque is dishonoured. Although no notice is mandatory, call warning or an SMS
refuse the connection of the said customer to its network and even to disconnect the same in case the message notified to the customer on his mobile number or any other verbal or written communication
said customer is already connected to the network and to forfeit the balance, if any, available on the shall be construed as due notice in this regard.
card of the said customer and the same shall neither be credited nor refunded under any 6.4 During Technical failures, modification or repair or testing of the Network.
circumstance(s). 6.5 BSNL reserves the right to totally or partially disconnect the Customer connection or to put him on
2.2 For proof of address customer has to submit along with form overleaf, self attested copy of any one Local calling facility or only incoming call facility with or without notifying him in the case of his
of: Electricity Bill/ Water Bill / Ration Card / Passport / Telephone Bill / Voter ID Card / Driving License. exceeding the prescribed credit Limit. BSNL does not however, guarantee to effect such
2.3 For Proof of Photo Identity the customer shall submit along with form overleaf self attested copy of the suspension/disconnection immediately upon the customer reaching the credit limit. The BSNL has the
(a) Photo Identity card issued by Government or Statuary Authority / Photo Credit Card / Driving right to predetermine and prefix the credit limit to usage of Air Time Services, PSTN services and
Licence / Income Tax PAN / Passport / Arms License / Voter ID card (b) Public Limited Company may other Value Added Services. In the event of the Customer having exceeded his predetermined limit he
enclose certificate of incorporation along with any proof of identity, as indicated at (a) above of the will be responsible to pay for all the calls made and services obtained even beyond the stated limit.
authorised officer of the Company (c) In case of Government of India Undertakings, Government of 6.6 When this Agreement is determined owing to any reason in consonance with the terms of this
India Offices/ State Government Offices, the aforesaid requirements are dispensed with and self- Agreement.
certification on the letterhead will suffice along with the name and designation of the coordinating 6.7 Any other reason which is found to be reasonable by BSNL warranting suspension / disconnection.
officer to be consulted in case of need (d) In case of Foreign Missions in India and other Foreign 7. LIABILITY
Agencies, the name and designation of the authorized officer along with details of officials etc. are 7.1 BSNL will not be liable to the Customer for any loss of business, profit, revenue or goodwill,
required for whom the Cellular Mobile Phone is intended. anticipated savings, use or contracts or for any indirect or consequential loss however it arises.
2.4 In case of outstation customers, details of local reference(s) are required to be given. 7.2 BSNL shall not be liable for any delayed activations.
2.5 (a) For sole proprietary concern, proprietor may sign himself and affix rubber stamp on th form 7.3 BSNL will not be liable for any dealings of the Customer with any party, which is not authorised by
overleaf (b) In case of partnership concern, all partners or any one of the partners duly authorised or BSNL to deal on its behalf.
Person with the Power of Attorney may sign. (c) In case of Company, signature should be of a person 7.4 No warranties, representations, guarantee or undertakings are given by BSNL, which are not
on behalf of a Company, in accordance with the provisions of its Articles of Association. In case of specifically mentioned herein.
partnership concerns, copy of (i) Power of attorney for authorization & (ii) Partnership Deed and In 7.5 BSNL will not be under any liability for the Cellular Mobile Services under this Agreement or for any
case of Company, a copy of the Articles of Association, is to be attached. other failure to carry out its duties and obligations outside the BSNL’s control such as atmospheric
2.6 If at any stage information furnished in the form overleaf is found false - Telecom Service / Telephone conditions, physical features (e.g. bridges and buildings) and the proximity of the base stations, Acts
provided is liable to be disconnected immediately without any notice. of God etc. and any other force majeure conditions due to which the services are affected.
2.7 Agreement commences upon BSNL activating the SIM card and continues subject to other terms, as 7.6 BSNL is not responsible for the acts of Franchisees / Business Associates / Distributors / Channel
per plan(s) /Scheme(s) /Services(s) chosen by customer and operate concurrently with BSNL licence Partners / Dealers / Retailers with regard to schemes which are not authorised by BSNL or which are
to provide services. Any moneys paid by the Customer shall not create any right in favour of customer purported to have been offered on behalf of BSNL without the latter’s sanction.
until activation. In addition, BSNL reserves the right to seek/verify financial and other information from 7.7 A SIM is provided for the Customer’s use in order to gain access to GSM network. It is the Customer’s
customer’s Bankers/Credit providers and such other sources and reserves the right to reject responsibility to keep these secure as BSNL is not liable for any loss or liability incurred by the
subscription even after activation for any reason without liability. Customer resulting from the unauthorised use. In case of loss of SIM card by the customer, the same
2.8 Customer represents that he has been fully informed about the Cellular Mobile Telephone Services should be reported to BSNL at the earliest. The issuance of new SIM card shall entail charges as set
provided by BSNL, its specifications, requirements, limitations, tariffs etc. and has only thereupon out in the Tariff schedule from time to time.
signed this agreement. 7.8 The SIM Card remains the constructive property of BSNL in the hand of the customer. The same shall
2.9 BSNL shall be at liberty to provide the services under any brand name. be returnable to BSNL on Severance/Suspension of customer relationship for any reason whatsoever
3. SERVICES as per terms & conditions BSNL is not responsible for any manufacturing defect in SIM card after an
3.1 The customer shall be provided a SIM card along with PIN (Customer’s Security Code), and a expiry of 6 months from the date of purchase. Beyond this period, customer will have to obtain a new
personalized Telephone Number (which can be changed by BSNL at any time) to enable the SIM card after paying the requisite charges in case of any defect in SIM card.
customer to use BSNL services upon acceptance, within BSNL System operating range in the 7.9 The customer hereby agrees to indemnify and hold BSNL harmless against any claim against BSNL
licensed geographical areas. for libel or slander arising out of communications sent or received by Customer on BSNL’s Network.
3.2 The SIM card and personalized Telephone Number is and shall always be the sole property of BSNL The Customer shall also indemnify BSNL for any claim against BSNL arising out of any infringement
and shall be returned by customer(s) upon termination/determination, hereof, and/or temporary or violation of copyright by the Customer or by anyone else using the mobile connection of the
suspension of services. Customer.
3.3 For change/addition/deletion of any features/supplementary services/scheme/plan, customer shall fill 7.10 BSNL shall not be responsible for any civil or criminal liability incurred by the Customer due to its
up the requisite form and be bound by the additional terms thereof. Any change or withdrawal from misuse of the Service provided by BSNL i.e. any acts of commission or omission by the
any supplementary services etc. shall not entitle the customer to any refunds or adjustments of the Customer.
moneys already paid, billed or to be billed under the additional terms. 7.11 BSNL shall not be liable for any act of commission or omission of any third
3.4 Customer cannot use the service for any unlawful or illegal purposes, or for sending obscene, party/suppliers/manufacturers/including any agency/company offering any privilege or benefits to
indecent, threatening, harassing, unsolicited messages, or messages affecting/infringing national Customer without specific permission or authority of BSNL.
interest nor create any damage or risk to BSNL or its network and/or other customers. BSNL reserves 7.12 BSNL reserves the right to terminate the subscription of any customer who is not competent to enter
the right to disconnect service at its sole discretion on any such event. into any contract under the Indian Contract Act, 1872.
3.5 Service quality, functionality, availability and/or reliability may be affected and/or BSNL is entitled to, 7.13 Any increase/addition/introduction of taxes and/or levy of any taxes, duties or any other statutory
without any liability, refuse, limit, suspend, vary, disconnect and/or interrupt the service, in whole or in charges etc (present/future) shall be to the customer’s account without any notice to him and shall at
part at any time, at its sole discretion, with respect to one/all customer(s) without any notice, for any all times be deemed to be part of tariff.
reason and/or due to various factors including but not limited to: (a) Government’s, TRAI’s rules, 8. SALE OR TRANSFER
regulations, orders, directions, notifications etc. including changes thereto prohibiting and/or 8.1 BSNL connection/SIM card shall be non-transferable in nature and any private transfers effected by
suspending the rendering of such Services. (b) Transmission limitations caused by topographical, the Customer shall not absolve the Customer of his primary duty towards BSNL for usage charges
geographical, atmospheric, hydrological and/or mechanical conditions. (c) During technical failure, levied pertaining to such particular connections/SIM card.
modification, up gradation or variation, relocation, repair and / or maintenance of the systems / 8.2 Just because BSNL may accept payment from a person other than the Customer, this does not mean
equipments. (d) To combat potential fraud, sabotage, willful destruction, etc. (e) If services is used in that BSNL has accepted that any of the rights or obligations of the Customer have been transferred or
any manner, which violates any law etc. or adversely affects or interferes, in any manner, the modified.
rendering of services by BSNL. (f) Any discrepancy/wrong particular(s) provided by the customer in
the form overleaf. (g) Breach of any term or conditions of this agreement on the part of the customer. 9. DISPUTE RESOLUTION
(h) If rendering of services becomes impossible in view of the problems arising on account of 9.1 In case of any dispute, the matter will be referred to the sole arbitration of Chief General Manager
interconnection between BSNL and other telecom service providers. (i) Any other reasons, which is Telecom, BSNL of the concerned area or his nominee and will be governed by the provisions of
found to be reasonable by BSNL warranting suspension/disconnection. (j) Force-majeure Section 7B of Indian Telegraph act, 1885 and the Indian Telegraph Rules, 1951 framed under the
circumstances (i.e. Acts of God). same Act, as amended from time to time.
3.6 Privacy of communication is not guaranteed and is subject to Government’s Regulation and such
10. ENDING THE AGREEMENT
other factors. BSNL is entitled to change, vary, add and withdraw any services/supplementary 10.1 The Customer may end the Agreement by giving BSNL not less than 30 days notice to end it but such
Services/ Schemes/Plans etc and/or to vary the terms and charges at any time, at its sole discretion.
a notice cannot bring the Agreement to an end unless and until all the charges pertaining to the
The rates/ charges may also change as per the directives of TRAI from time to time.
particulars of SIM card and all the services obtained as per tariff have been duly discharged. It shall
3.7 In case of expiry/deactivation, the cellular number may be allotted to another customer as per the sole
be obligatory for the Customer to make full payments of his dues before any termination is effective
discretion of BSNL. In that event, the customer shall not have any right or lien on the said cellular
from the Customer’s side.
number.
10.2 BSNL may terminate the Agreement at any time without giving notice and without assigning any
4. BILLING AND PAYMENT reason if there is breach of any terms of this agreement. In all other cases the agreement may be
4.1 The Billing cycle shall normally run on monthly basis or such other frequency as may be decided by terminated by BSNL at its discretion by giving reasonable notice to Customer in such form as may be
BSNL from time to time and the periodic bills be issued accordingly. The Customer is responsible to decided by BSNL.
pay his bills by the prescribed date. It is incumbent on the Customer to enquire for his/her balance
11. OTHER MATTERS
and settle the same even in case of non-receipt of the monthly bill for any reason whatsoever. 11.1 Any notice required to be given by the Customer to BSNL shall be given in writing to the BSNL at the
4.2 BSNL reserves the right to raise interim bills and the Customer agrees to make such interim payments designated address.
as & when required by BSNL, based on internal credit rating of BSNL.
11.2 Where two or more persons constitute the Customer, their liability is joint and several.
4.3 Bills will be sent to the billing address of the Customer as furnished by him/her. For any change of
11.3 This agreement is amenable to the jurisdiction of Courts at the only location of office of Chief General
address the Billing department should receive notification in writing well in advance to change the
Manager Telecom, BSNL of the area concerned.
address along with such proof to accept the change.
11.4 The scope of the cellular services is governed by the Statutory Guidelines issued by the Telecom
4.4 The Customer agrees to pay to BSNL the subscription charges, call charges, opted value added
Regulatory Authorities & Govt. of India within the parameters of License Agreement executed with
service charges, supplementary service charges, BSNL charges for calls made from mobile to fixed
Ministry of Communications, Govt. of India. The cellular phone services are governed by the
network, monthly rental, NSD/ISD Charges, Service Tax, License Fee and other payable charges for
Telegraph Act, 1885 and the Indian Telegraph Rules,1951 framed under the same act, as amended
the services as published and notified by BSNL as per tariff applicable from time to time.
from time to time and the customer shall abide by them.
4.5 All charges and other sums to be paid by the Customer are due for payment by prescribed due date.
All charges must be paid in full without any deduction, set-off withholding. All payments must be made 12. IMPORTANT
in favour of AO (Cash), BSNL, of the concerned area. 12.1 Peak, standard, and off-peak hours may differ from one operator to another.
4.6 The present rate of deposits, connection charges, monthly rental charges, call charges and other 12.2 Additional administrative charges may be levied on your roaming usage in the visited networks.
payable charges are set out in the “Tariff Schedule” as notified by BSNL. BSNL shall have the option 12.3 Monthly statement of charges would reflect only consolidated call charges for roaming calls and no
to vary the tariff, charges for value added services, supplementary services and any other conditions bifurcation of airtime and landline charges would be available.
of services, retrospectively or from future date and the same shall be binding on the Customer. 12.4 While roaming, all incoming calls will be charged at STD/ISD rates, as applicable plus the incoming
4.7 If the Customer Equipment or a SIM is lost or stolen the Customer should inform BSNL immediately. airtime at the location being visited.
This notification will authorize BSNL to suspend all or any part of the services and/ or disconnect the 12.5 A service tax as applicable shall be levied on all charges payable by the customer.