ECHONET SERVICES STANDARD TERMS AND CONDITIONS
This Agreement is made and entered into as of the Effective Date, by and between Echonet Services Private Limited, a company registered under the laws of Pakistan, having its registered office at Office no 513, 5th floor Saddique Trade Center and 1500 N Grant St, Suite R , Denver County, Denver, CO 80203, USA (“Service Provider”), and the Client identified in the Agreement Schedule (“Client”).
1. DEFINITIONS
1.1 “Act” means the Pakistan Telecommunication (Re-Organization) Act, 1996.
1.2 “Agreement” means these Standard Terms and Conditions, any relevant Service Specific Terms, and the relevant Order Email Confirmation.
1.3 “Applicable Anti-Bribery Law” includes the Prevention of Corruption Act, 1947, and the National Accountability Ordinance, 1999.
1.4 “Associated Person” includes employees, agents, subsidiaries, representatives, and subcontractors.
1.5 “Business Day” means any day excluding Saturdays, Sundays, or public holidays in Pakistan.
1.6 “Charges” refer to all amounts payable by the Client as set out in the Order Email Confirmation.
1.7 “Confidential Information” means proprietary information identified under clause 7.
1.8 “Data Protection Laws” includes the Personal Data Protection Bill, 2021, and relevant guidance from authorities.
1.9 “Equipment” includes all supplied equipment related to service provision.
1.10 “Regulatory Bodies” includes PTA and relevant government or statutory authorities.
1.11 “Service(s)” means those listed in the Order Email Confirmation and Service Specific Terms.
2. AGREEMENT
2.1 Service Provider will provide IT, VoIP, and related services under this Agreement.
2.2 Client agrees the Service Provider is not liable for third-party disruptions.
3. PAYMENT TERMS
3.1 Client shall pay Charges as per the Order Email Confirmation.
3.2 Payment due within 5 days; late payment incurs 1.5% monthly penalty.
3.3 Extra service charges must be agreed upon in writing.
4. CLIENT OBLIGATIONS
4.1 Provide access and cooperation for services.
4.2 Use services in compliance with Pakistani laws.
4.3 Do not resell or redistribute services without consent.
4.4 Maintain security to prevent unauthorized access.
4.5 Do not use services for fraudulent or illegal purposes.
4.6 Misuse will result in immediate service termination without refund or notice.
5. LIMITATION OF LIABILITY
5.1 No liability for indirect, incidental, or consequential damages.
5.2 Total liability limited to the amount paid in the last 3 months.
5.3 Service disruptions due to external factors are not Service Provider’s responsibility.
6. SERVICE DISRUPTION AND REFUND POLICY
6.1 If service is suspended due to internal issues, the Service Provider will attempt a replacement within 10 days.
6.2 If no replacement, refund will be:
- a) Used days excluded from refund calculation
- b) 50% refund for remaining unused days
6.3 Refunds processed within 15 days of confirmation of non-replacement.
7. CONFIDENTIALITY
7.1 Parties agree to keep proprietary information confidential.
7.2 This clause survives termination of the Agreement.
8. GOVERNING LAW AND DISPUTE RESOLUTION
8.1 Governed by the laws of Pakistan.
8.2 Disputes resolved amicably first, then through arbitration under the Arbitration Act, 1940.
8.3 Each party bears its own legal costs unless decided otherwise by the arbitrator.
9. NOTICES
9.1 Notices must be in writing and sent via registered mail, personal delivery, or email.
9.2 Registered mail is deemed received after 3 business days.
9.3 Emails are deemed received upon acknowledgment or after 24 hours without failure notice.
10. THIRD PARTY RIGHTS
10.1 No third party shall have rights under this Agreement.
11. COUNTERPARTS
11.1 This Agreement may be executed in counterparts.
11.2 All counterparts together form one agreement.