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Welcome to Optix!

By signing the Order Form, you agree to be bound. Therefore, it is recommended that you please read the following Terms and Conditions carefully.

Definitions:

  1. “Activation Charges” means the relevant fee payable by you as one-time connection charges
  2. “Changes” Optix may, from time to time and consistent with its obligations under the Pakistan regulatory Framework, modify the fees and charges contained in the Service Tariff or make changes to these terms and conditions and shall only be liable to intimate the same to you within a reasonable time.
  3. “Connection” means the provision of the services and/or activation of the Equipment on the system
  4. “Customer” means the customer named on the Service Order Form.
  5. “Encryption Device” means any device used to protect and/ secure data/ voice transmissions.
  6. “Equipment” means the equipment and accessories as supplied to the Customer by Optix or its authorized representatives.
  7. “Fees” mean the fees, tariff, rate, charges of Equipment, Connection and the Service payable by the customer to Optix in accordance with the terms & conditions.
  8. “Optix” means Optix Pakistan (Private) Limited.
  9. “PTA” means the Pakistan Telecommunication Authority.
  10. “Security Deposit” means the amount advanced by the Customer to Optix which may be appropriated by Optix and set-off and utilized by Optix against any claim of Optix for payment of a sum of money or misuse/damage of equipment/Services arising out of this Agreement. It is a refundable amount unless there are any unpaid dues or damages to the equipment returned by the Customer.
  11. “Service(s)” means the services mentioned in the Service Order Form.
  12. “Service Levels” mean the minimum level at which the Services shall be offered by Optix.
  13. “Terms and Conditions” mean these terms and conditions along with your service Tariff and Order Form constituting your agreement with Optix for the telecommunication services that would be provided to you. These Terms and Conditions supersede all earlier versions and any contract/agreement you may have entered into with Optix. These term and Conditions, your order form and the applicable service Tariff together are referred to as the (“Agreement”). In the event of conflict between the term and conditions and the service Tariff, the latter shall prevail.
  14. Connection the System and provision of service:
  15. Subject to the Terms and Conditions, Optix will establish and maintain the Connection and will endeavor to make the service available to the customer throughout the term of the agreement.
  16. The customer recognize that the service, by its very nature, may from time to time be adversely affected by natural and/or man-made physical structures/constructions, atmospheric conditions, natural phenomena and other causes of interference including, without limitation, order/directions of the PTA or other government authority (together referred to as “Force Majeure Conditions”), and may fail or require maintenance without notice. Optix shall not be liable for disruption, interruption, suspensions, termination of any service caused by such Force Majeure Conditions.
  17. Charges and Payments:
  18. Fees will be paid by the Customer in cash/cheque at Optix prescribed Customer Care and Service Centers, retail outlets and/or such other places as may be determined by Optix from time to time.
  19. Fees can be viewed by the Customer at Optix Customer Care and Service Centers, Optix website and shall be communicated to the Customer through any mode as Optix determines appropriate.
  20. Unless otherwise agreed by Optix in writing and without prejudice to Optix’s right to charge other or different amounts in future, the Customer shall pay.
  21. Equipment costs prior to connection, payable prior to delivery and connection of the equipment and shall be required to submit the Security Deposit in cash/cheque with Optix as per Optix’s prescribed predetermined rates. All equipment and Data shall at all times be the property of Optix.
  22. Activation charges prior to activation of the Service.

  • Monthly Access Charge for the Service in prepaid/postpaid basis commencing from the date service is made available to the customer and deducted on daily/weekly basis as applicable.

  1. Call Charges in advance, all invoice charges, other mode of payment Charges (if any) and/or all charges incurred when using voice service.
  2. Taxes, duties and levies which are or maybe levied in accordance with the applicable law.
  3. Optix will, in its sole discretion, determine an appropriate credit limit for the Customer. The refundable Security Deposit placed by the Customer with Optix shall secure such credit limit. In the event such credit limit is exceeded at any time, Optix will be entitled to disconnect or suspend the Service to the Customer.
  4. The certain Monthly Access Charges and rentals if applicable shall continue to be paid by the Customer to Optix during any period of suspension or disconnection due to Paragraph 3 (d) above till such time as; the amount of credit limit is reimbursed completely; or as deemed fit by Optix.
  5. Call Charges, when using the voice service, shall be determined exclusively by Optix in reference to the details of calls recorded by Optix or at a fixed monthly rates already specified.
  6. Invoices for sums due under the Customer Order Form shall be issued to the Customer at such intervals, in such format and containing such information as Optix shall from time to time determine.
  7. All invoices of Optix are due for payment by the Customer on demand and failure to pay by
  8. the due date mentioned on the invoice will render the Customer liable to immediate disconnection/suspension from the Service. Before reconnection the Customer shall pay all outstanding amounts due to Optix, applicable reconnection charges and advance against future payments.
  9. In case of failure of Customer to pay an invoice by its due date, Optix also reserves the right to disconnect the Service of all other connections held by the Customer and Optix shall charge a surcharge and/or markup on the outstanding amount at such rate as determined by Optix from time to time. The schedule of charges shall be intimated to the Customer by Optix in advance or otherwise as determined by PTA.
  10. Optix reserves the right to revise the Fees or implement any charges from time to time and such revisions if any may be advertised by Optix in the newspaper or in leaflets distributed with invoices or through tariff manuals to be issued to the Customers. The revised Fee or charges shall become applicable upon the Customer from the date it is advertised or notified.
  11. Duration and Term:
  12. This agreement shall commence on the date of approval by Optix after signing of the overleaf by the Customer and subject to the provisions of the terms and conditions. The agreement shall continue to remain valid and binding upon the Customer until terminated by either the Customer or Optix upon not less than one (1) month’s prior written notice. Notwithstanding the termination of this Agreement under Paragraph 4 (a), all rights accrued to Optix up to the effective date of termination shall be binding upon the Customer.
  13. Optix shall however, be entitled to disconnect the services or terminate the Agreement forth with in the event that any charges payable hereunder remain unpaid by the Customer after becoming due, or in the event of misuse of Services by the Customer, or if required by the PTA or other Government Authority. Notwithstanding the termination of this Agreement under Paragraph 4 (b), all rights accrued to Optix up to the effective date of termination shall be binding upon the Customer.
  14. Directory of Customers:
  15. If so requested by the Customer, Optix may make and print an appropriate entry in its directory of Customers (which may be published from time to time). A standard entry shall be free of charges.
  16. Optix will not accept any liability for incorrect or omitted entries in a directory of Customers.
  17. A non-standard entry may be made and printed by Optix for any Customer in a directory of Customers on payment of such fee as may be prescribed by Optix.
  18. Assignments:
  19. The Customer shall not assign/transfer its rights, duties, benefits, obligations and/or liabilities under this agreement in any manner whatsoever. Transfer of ownership/connection/Service is not permissible without the prior written approval of Optix.
  20. Optix may at any time assign its rights, duties, benefits, obligations and/or liabilities under this Agreement to any third party. Optix shall ensure that any such assignment does not adversely affect the provisions of the Service of the Customer.
  21. Warranties:
  22. Optix warrants that such Equipment as is provided by Optix only (hereinafter the “Warranted Equipment”) will meet applicable Optix product specifications and will be free from defects in material and workmanship for the period under warranty from the date of delivery to the Customer by Optix.
  23. In the event of discovery of a defect in material or workmanship or of failure to confirm to applicable product specification during the aforesaid warranty period. Optix at its sole option will either repair or replace the Warranted Equipment.
  24. If Optix elects to replace any Warranted Equipment, then upon such replacement such replaced Warranted Equipment shall also become the property of Optix. If the Customer desires to avail of this warranty during the validity period, the Customer will be required to transport the Warranted Equipment at his own cost, to an authorized Optix repair center. The customer shall collect the replaced or repaired warranted equipment from the same repair center at such time as advised by Optix. Replacement or repair of the warranted equipment as mentioned hereinabove shall be the sole and exclusive remedy of the Customer in this regard.
  25. This warranty does not apply where the warranted equipment is used in combination with equipment not supplied, manufactured or expressly approved by Optix.
  26. The warranty is specifically limited to defects in material and workmanship in the warranted Equipment and for failure of the warranted equipment to conform to applicable Optix product specifications. This warranty shall also not apply to repair or replacement necessitated by catastrophe, misuse, abuse, fault or negligence, user modification, improper maintenance or operation user alteration of any kind. the rechargeable batteries, warranted equipment if serial numbers thereof have been removed or made illegible, defected or damaged due to spilling of food or liquids, are also excluded from this warranty as is normal wear and tear. Optix shall have the right at any time to recall warranted equipment if in its opinion such warranted equipment is not in accordance with applicable Optix product specifications or has defects in material or workmanship for any other reason whatsoever, and in such case the Customer shall immediately return such warranted equipment for repair or replacement at the sole option of Optix. All charges for transporting such warranted equipment to an authorized Optix repair center shall be borne by the Customer. The customer shall collect the replaced or repaired warranted equipment from the same repair center at such time as advised by Optix.
  27. No alteration attachment or repair is permitted to the Equipment, except by Optix authorized repair center.
  28. For the avoidance of doubts, this warranty is not applicable to used or second hand equipment procured by the Customer from Optix, not to new, used or second hand Equipment purchased or procured by the Customer from any other source.
  29. Save as expressly stated hereinabove, all conditions, warranties and undertakings, express or implied, statutory or otherwise are excluded whether relating to the fitness for purpose or merchantability.
  30. All equipment and data provided to the Customer by Optix shall remain the property of Optix.
  31. The customer will not be authorized to use the equipment provided by Optix on any other network except the Optix system and the same equipment will be returned to Optix by the Customer on termination of this agreement. If the
  32. Is missing
  33. Optix shall not be liable or responsible for any delay in effecting repair or replacement of the equipment for any cause whatsoever. OPtix shall not be liable to the Customer for any loss, expense or damage of any kind in connection with its performance under this Agreement or arising from any delay in connection/installation of equipment or any disruption, interruption, suspension, eavesdropping of any conversation/data or malfunction of the service.
  34. Optix obligations under this agreement are contingent upon optix continuing to be a licensee the operate the system. Should such license be revoked, cancelled or not renewed for any reason, Optix will only be liable to refund the advance payment(s) placed by the customer (as applicable, if at all) less any amounts that may be outstanding against the Customer.
  35. Optix will use its best efforts, to provide quality and continuous service to the customer and remedy and defect (including repairs or replacement as applicable) that may occur related to the provision of the service within a reasonable period of time from becoming aware of such defect.
  36. Optix does not guarantee that the service or associated equipment provided by Optix will never be faulty. Unless otherwise required under applicable law or regulation, Optix have no responsibility to pay the Customer compensation for any direct or indirect financial loss, loss of productivity, information that is lost or corrupted, or for any loss that could not have been reasonably foreseen or that is not due to Optix’s gross negligence.
  37. Optix shall not be liable for any of the following:
  38. Any damages or losses that may be incurred by the Customer due to: (1) the temporary or permanent disconnection of the Service as a result of the Customer’s failure to pay charges or breach of this agreement: (2) the suspension of the service for maintenance or for repair of defects: (3) any delay in connection, reconnection, termination or any modification of the Service.
  39. Customer will indemnify Optix from any losses or damages incurred by third parties in person or in property including death, injury, loss or damage to equipment/property due to the use of the service by the customer.
  40. Use of the service and equipment:
  41. Optix reserves the right to issue such instructions regarding use of the service/service levels as it may from time to time consider necessary to maintain the integrity, quality and safety of the service for all customers and such instructions shall be binding upon the customer and be deemed to form an integral part of this agreement and the terms and conditions.
  42. The customer is personally responsible for all use of the system/service/service levels made from equipment and shall neither use nor permit any person to use equipment, the system, the service or the service level for:
  43. Sending abusive, offensive, indecent, obscene or menacing messages of communications; or
  44. Eavesdropping, intercepting or learning the contents of any message on the system: or

  • Persistent calls that may cause annoyance, inconvenience or anxiety to any person: or

  1. Any improper, immoral or unlawful purpose, or for any purpose not recommended by the equipment manufacturer or Optix.
  2. Optix has the right to treat use of the system in contravention of this paragraph 9 as a ground for the suspension of the service/service levels or termination of this agreement.
  3. Optix has the right to make any alteration or adjustment in equipment as it may consider desirable to the purpose of maintaining satisfactory service for the customer or for customers as a whole. Any such alteration made will be billed to the customer at the appropriate rate.
  4. The customer shall not place, connect or use any things, equipment or device in such a way in relation to the equipment which is not approved or recommended by Optix.
  5. Customer may not use or attempt to use, or authorize others to use, the service, the network or the equipment in any way that:
  6. Violates any applicable law, the applicable regulatory framework, this agreement, the terms and conditions or the conditions of any license or rights of others.
  7. In a manner which causes annoyance, inconvenience or needless anxiety.

  • To send, knowingly receive, upload, download, or use any material that is offensive, abusive, defamatory, obscene, menacing or illegal.

  1. Optix reasonably believes will adversely affect the provision of service to the customer or any of Optix’s other subscribers.
  2. The violates any copyright or other intellectual property rights of any person.
  3. To access or to attempt to access any computer system or network or any private information resources unlawfully for unlawful purpose or without the consent of the holder of such information or resources.

  • To obtain or use the password of any person or persons without their consent.
  • To commit any criminal or illegal act, to achieve any unlawful purpose, to use the service for the purposes of gambling or immorality or to exercise any activity in violation of the public order.

  1. To provide public telecommunications or information services (whether for a fee or otherwise) including voice over internet and/or any similar service.
  2. To trade in, resell, sublease, transfer or otherwise dispose of the service or equipment without an authorization in writing from Optix.
  3. That poses an immediate and substantial risk to human safety or Optix’s network, national security or public order, or otherwise violates applicable law or regulation.

  • Optix reasonably believes that the Customer has misused the service or equipment, Optix may take immediate action to suspend the service and terminate this agreement. Optix may also permanently disconnect the service and terminate this agreement in accordance with the applicable regulatory framework, including pursuant to any valid orders of any courts or other authority.

  1. Termination / Suspension:
  2. Notwithstanding the foregoing, Optix may at any time and without notice suspend the service in any of the following circumstances without prejudice to the liability of the customer to continue to pay Monthly access charges:
  3. During any period in which the system is subject to technical failure, modification or maintenance: or
  4. If the customer reports the loss or theft of equipment. It will be the duty of the customer to immediately report loss or theft of equipment to the police as well as Optix: or

  • Optix reasonably believes that the Customer has misused the service or equipment, Optix may take immediate action to suspend the service and terminate this agreement. Optix may also permanently disconnect the service and terminate this agreement in accordance with the applicable regulatory framework, including pursuant to any valid orders of any courts or other authority.
  • Optix reasonably believes that the operation of the system and/or service is in jeopardy: or

  1. The operation of the system and/or the service is discontinued, suspended or terminated for any reason, whether temporarily or otherwise.
  2. Upon termination of the agreement, the customer shall forthwith pay to Optix:
  3. All amounts due to Optix at the time of termination together with mark up at the rate of 2% per annum over the above bank rate (pro-rated weekly) on amounts overdue: and
  4. All costs, including reasonable attorney’s fees and arbitration fees incurred by Optix enforcing its rights under the agreement including the recovery of dues.
  5. Settlement of Dispute:
  6. If the Customer has a complaint about the service, associated equipment or facilities, the customer shall provide Optix with an opportunity to resolve the complaint within a reasonable duration of time commencing from the date the complaint is lodged by the Customer at Optix retail outlet, Optix Customer Care Center or Optix website.
  7. Any difference or any dispute in any way connected with this Agreement (including any dispute arising from the Service or termination of this Agreement) shall be settled amicably between the Customer and Optix in the spirit of goodwill and mutual accommodation within seven (7) days. Thereafter, if needed, all such disputes shall be referred for arbitration before a sole arbitrator in accordance with the Arbitration Act 1940. Arbitration shall be held in Karachi (or such other location as mutually agreed between Optix and the Customer). The arbitral award shall be final and binding upon the Customer and Optix.
  8. Force Majeure:
  9. Optix shall not be liable for inability to provide the service due to reasons beyond its reasonable control including, without limitation, Acts of God, earthquake, flood, widespread fire, war, riot, civil unrest, acts of terrorism, rebellion revolution, insurrection, government or regulatory action, or any act or decision made by a court of competent jurisdiction, Optix will make reasonable attempt under such circumstances to restore the service as soon as reasonably possible.
  10. Miscellaneous:
  11. It is the customer’s obligation to acquaint himself and to comply with all applicable requirements and restrictions imposed by the government of Pakistan and other applicable authorities, including Optix, in relation to the service /service levels. In particular, the Customer may not use or allow the use of equipment, while on board, or in proximity of any aircraft, whether stationary or not. The customer hereby will indemnify Optix against all liabilities relating to use of the service/service levels.
  12. Information contained in Optix promotional material, advertisements and publicity campaigns are for information purposes only and are not part of this agreement.
  13. Optix may withdraw one or more service levels with one (1) month’s advance notice and the customer may cancel or amend desired service level with similar notice.
  14. Should any provision of this agreement become void for any reason, the validity of the remaining provisions shall not be affected thereby, unless the commercial intent of the agreement is frustrated.
  15. No warranty, condition, undertaking or term (whether implied or expressed) as to the nature or quality of service or service levels is part of this agreement unless expressly accepted in writing by Optix, through a duly authorized person and no such term shall be implied by law or otherwise.
  16. This agreement including the particulars overleaf constitutes the entire agreement between the customer and Optix, all orders accepted by Optix and all services to be provided by Optix are subject to these conditions only.
  17. Any failure or delay by Optix exercising any option, right or remedy under this agreement or to demand compliance of any obligation of the customer will not constitute a waiver of any such option, right or remedy or the performance thereof. Any such failure or delay shall not operate as a continuing waiver nor shall it operate as a future waiver.
  18. All equipment and data supplied to the customer shall remain the property of Optix.
  19. The Customer accepts that this agreement and the service and the provision of any associated equipment or facilities is personal to the customer and the Customer agrees not to transfer or resale the same to any other person without the prior written permission of Optix.
  20. Optix is only bound by the Terms and Conditions and not by any other representation, warranty, term, Condition, or oral agreement except as is required under applicable law or regulation. The Customer shall, therefore, read these Terms and Conditions carefully.
  21. Optix may amend the terms and Conditions and/or the Agreement as a direct result of any new legislation, statutory instrument, rules, regulations or licenses, or similar event provided that the Customer shall be promptly intimated of such variation in writing or by publishing such variation at Optix Customer Care Centers or Optix website.
  22. This Agreement shall be construed and governed by the laws of Pakistan.