Article 1: object
This contract defines the general conditions of subscription to mobile telephony and/or internet services offered by the company Ooredoo Tunisie SA; public limited company under Tunisian law, with a capital of 359,172,000 Tunisian Dinars on the network it operates (hereinafter “Ooredoo”) to the client (hereinafter the “Client”).
These services (hereinafter the “Services”) are defined in the Ooredoo price list and consist of:
- Basic Ooredoo Services with free access.
- Optional Services accessible following the payment of membership fees.
The contractual relationship between the Customer and Ooredoo is materialized by these general conditions and the sales contracts and the price list, forming an indivisible whole (hereinafter the “Contract”).
Article 2: Definitions
1. Client: any natural or legal person with the legal capacity to engage and authorized by law to benefit from the services/options offered by Ooredoo.
2. SIM card: electronic chip provided by Ooredoo and is materially and legally independent of the terminal designed to accommodate it.
3. Recharging methods: these are the recharging methods made available to the customer for supplying a prepaid line or Package. We find :
4. Recharge Card/Ooredoo Ticket: Card/Ticket on which a recharge number appears.
5. Banka: means of recharging through a completely secure card/bank account and allowing the supply of a recharging account.
6. Light: Means of charging through a secure USSD code.
7. Period of Validity: this period begins on the day of recharging. Its duration depends on the top-up amount as defined in the tariff schedule in force.
8. Grace period: when the account exceeds the validity period, it enters the so-called grace period of 90 days. During this period, the Customer can recharge his account and return to the validity period.
9. Preservation Period (90 days): the Customer cannot send communications but benefits from receiving services. Recharge and Bonus accounts will be lost even if the customer reactivates his line before the end of this period. At the end of this period, if the Customer does not reactivate his account by supplying it using refill methods, the number is definitively lost.
10. Price list: available in the brochure of the offer purchased by the subscriber.
11. Force Majeure: any unforeseeable, insurmountable and irresistible event.
Article 3: Subscription to the subscription contract
1. The Customer provides Ooredoo with all the documents necessary for the establishment of his contract. Failure to submit one of the documents requested by Ooredoo will prevent subscription to the Contract:
- - Receipt of the subscription form(s) duly completed and signed by the Client.
- - Receipt of documents and documents duly requested by Ooredoo at registration. The list of these parts will be provided by simply calling Ooredoo Customer Service by dialing 1111 or by contacting an Ooredoo Boutique.
- - Payment by the Customer of network connection fees.
2. Ooredoo undertakes to open access to the Services within 24 hours from the date of receipt by Ooredoo of the complete subscription file consisting of the signed contract and duly completed with all the required documents.
3. When the Customer registers, during the execution of this contract, for optional services, Ooredoo opens access to said Services generally by simple phone call to Ooredoo Customer Service, subject to compliance by the Customer with its obligations under this contract and to respond to identity checks carried out by Ooredoo staff (Name, First name, Identity card number, Date of birth and Address).
Article 4: Effective date / Duration of the contract
1. The Contract takes effect on the date of the first commissioning of the line.
2. The Contract is concluded for a minimum subscription period which may vary according to the specific offers which are the subject of a subsequent commitment and which will be annexed to the Contract. In the event of registration for these offers during the execution of the contract, the minimum duration takes effect on the date of registration for the offer.
Section 5: Changes
1. Ooredoo reserves the right to modify, in whole or in part, the provisions of the Agreement. In this case, Ooredoo undertakes to inform the Customer as soon as possible.
2. The fee schedule and commissioning costs as well as their terms of application are the subject of documentation drawn up and updated by Ooredoo for its customers. These prices are subject to change during the performance of the contract. In this case, the Customer is informed as soon as possible. They are also made available to the Customer at any Ooredoo point of sale and by simply calling Ooredoo Customer Service. In the absence of acceptance of these new prices by the Customer, the latter reserves the right to terminate the Contract.
Article 6: Obligations of Ooredoo
1. Ooredoo undertakes to satisfy any subscription request within the limits of the capacity of the networks it operates and the quality constraints of its Services.
2. The subscription is awarded to anyone who meets the requirements defined by Ooredoo. However, Ooredoo may refuse a subscription when it considers that the request is made for purposes that risk violating the law or when important operational reasons require it (coverage not available, network capacity saturated, etc.). ). Ooredoo undertakes to inform the Customer concerned of his refusal, in a duly reasoned writing, within 15 days.
3. Ooredoo delivers to the Customer a SIM card which contains the information necessary for the identification of the Customer by the network. The number associated with it gives access to a subscription allowing access to voice and/or internet services.
4. Ooredoo implements all the means at its disposal to ensure the permanence, continuity and quality of the services offered according to the standards set by the competent authorities and within the limits of its responsibility as provided for in Article 8 below. below.
5. Ooredoo takes all necessary measures to ensure the secrecy of the information it holds as well as the protection and confidentiality of the personal information it processes or records concerning customers.
Article 7: Customer's obligations
1. The Customer is responsible for paying all sums invoiced under the Contract and for performing all the obligations entered into under the Contract. The Customer is responsible for paying the charges and optional services requested as well as additional charges.
2. The Customer is required to notify Ooredoo, immediately and by any means, of any change in address details and/or bank details. The Client may also be required to confirm these changes by registered letter within one week. Instructions on how to notify changes of contact details will be provided by Ooredoo Customer Service. The Customer is solely responsible for the data he communicates to Ooredoo.
3. The Customer undertakes to comply with the laws and regulations in force, in particular with regard to telecommunications. The Customer undertakes, in accordance with the provisions of the Ministry of Information and Communication Technologies, to use only terminals and accessories approved by the competent authorities.
4. Ooredoo communicates to the Customer a password essential to the activation and use of certain Ooredoo services. The Customer must take all appropriate measures to ensure the security and confidentiality of said password. He is responsible for its conservation and confidentiality as well as for all acts carried out using this password.
5. The Customer refrains from any fraudulent and abusive use of the Services. Failing this, Ooredoo reserves the right to take all the measures it deems necessary to guarantee the quality of its service fairly among its Subscribers.
6. Ooredoo reserves the right to activate the services through Ooredoo's Customer Service upon presentation of the documents mentioned in article 3. The Customer must take all appropriate measures to ensure the security and confidentiality of his personal data.
7. The Customer is required, in accordance with the law in force, not to send SMS with advertising content, without prior authorization from the competent authorities. Ooredoo reserves the right to put the SIM card out of service in the event of non-compliance with this clause.
8. The Customer undertakes to use the services offered by Ooredoo in a non-abusive manner. Failing this, Ooredoo reserves the right to take all the measures it deems necessary to guarantee the quality of its service fairly among its subscribers.
9. The Customer undertakes to use the subscribed offer in accordance with the use for which it was defined and marketed. In particular, the following constitute cases of inappropriate use of a service offer:
1. The use, free of charge or against payment, of such a service offer as a gateway for rerouting communications or linking.
2. The assignment or resale, total or partial, of unlimited communications.
3. The use of the chip as a modem, when this service is not specified in the offer.
4. The use of Voice over IP from a mobile phone.
5. Peer to peer use when this service is not specified in the offer. Ooredoo may limit the flow beyond a reasonable use defined in the descriptive sheets of the offers, until the date of the next invoicing.
Article 8: Limitation of liability of Ooredoo
Ooredoo cannot be held liable:
- In the event of improper use by the Customer of his terminal and/or its accessories.
- In the event of malfunction or inadequacy of the terminal used by the Customer.
- In case of use of the SIM card not in conformity with its use.
- In the event of use of the Ooredoo Basic Service following the disclosure, deactivation, loss or theft of the confidential access code associated with each SIM Card and more generally in the event of use of said service by an unauthorized person.
- In the event of use of the SIM card and activation of services by a third party, not the owner of said SIM card.
- In the event of indirect or immaterial damage, suffered in the context of the use of the service, whatever its nature.
- In the event of the transmission of radio signals affected by the constraints or limits of the technical standards imposed on Ooredoo by the regulatory authorities or the competent normative groups.
- In the event of disturbances or local unavailability due to the vagaries of the propagation of electromagnetic waves.
- In the event of Force Majeure (any unforeseeable, insurmountable and irresistible event.
Article 9: Invoicing
1. Invoices are issued on a monthly basis. The first invoice includes the consumption for the month in addition to the monthly charges for the services to which the Customer has subscribed. From the second invoice, a minimum invoice of 15 dt is required*.
2. The successive monthly invoices will take into account any changes requested by the Customer.
3. The payment date for each invoice is indicated on the invoice.
4. In the event that a payment voucher issued to Oredoo is not honoured, the miscellaneous costs related to the unpaid will be invoiced to the Customer.
5. At the Customer's request, Oredoo can provide him with duplicate invoices outside the fixed invoicing periods. The customer may also periodically or occasionally request detailed invoicing. These services are billed at the rates in force (See price list).
Article 10: Methods of payment
1. For customers with an invoice offer, the amounts shown on the invoice are payable no later than the due date indicated on the invoice. Payment is made by direct debit from a bank account, by check, in cash or by any other method of payment offered by Ooredoo.
2. In the event of termination of the Contract, an invoice will be established on the effective date of termination. The Client is solely responsible for payment of all sums invoiced.
3. Early payment of invoices does not give rise to any discount.
4. Ooredoo will have the option of forwarding any debt that remains unpaid on the part of the Customer to any other subscription contracted with Ooredoo and of which it is the holder. In the event of non-payment, all lines in the name of the said customer will be suspended, even card lines.
5. In the event that Ooredoo is forced to initiate a legal recovery procedure, Ooredoo will have the option of claiming from the defaulting Customer the charges and costs relating thereto.
6. For customers with a card offer, payments are made on purchase. Optional services are debited from the top-up.
7. For offers with a capped invoice, the costs of land services may be debited from the recharge account, Bonus on recharge, Bonus on package or package of the customer, in accordance with the tariff schedule in force.
Article 11: Control of consumption for the invoice system
1. Ooredoo will establish for each Customer an outstanding control limit per billing period. Ooredoo reserves the right to revise this amount upwards or downwards following the study of the file.
2. In the event of an incident or late payment or if the authorized outstanding amount is exceeded, Ooredoo reserves the right, at any time, to suspend the Customer's line and to request payment in advance. The amount paid as an advance payment does not bear interest. The advance payment will be deducted from the invoice until its total compensation.
Article 12: Guarantee / Deposit
1. Ooredoo reserves the right to request a security deposit, according to the conditions and the amounts provided for by the price list in force, for the opening of a service.
2. At the end of the Contract, the amount of the deposit deposited will be returned to the Customer after any deduction:
- A lump sum fixed by the price list in force in the event that the customer has not returned the SIM card and/or a terminal belonging to Ooredoo.
- Of all sums due to Ooredoo and in particular the amount of unpaid bills, including unpaid bills noted after the return of the SIM Card.
- Reimbursement can only be made at most one month after the date of the invoice, following the date of the request for reimbursement of the deposit.
Article 13: Restriction / Suspension of services
1. Ooredoo reserves the right to restrict or suspend access to the services immediately and without notice, without the Customer being able to claim any compensation in the following cases:
- Failure to receive the subscription contract or failure to regularize an incomplete file within 3 days of activating the line.
- Late payment of bills.
- Delay in the execution of the advance payments provided for in article 9 above.
- Fraudulent use or/and not in accordance with the laws in force.
- Exceeding the authorized amount referred to in article 9 above.
- For reasons of national security and in accordance with the regulations in force.
2. The suspension of the line at the Customer's request entails the immediate payment of all sums owed by the latter.
Article 14: Theft or loss of the SIM card and/or a terminal belonging to Ooredoo
1. The Customer must immediately report the theft or loss by telephone to Customer Service. The Customer must confirm this theft or loss by sending within a maximum period of 4 days following its declaration, a true copy of the certificate of loss made to the competent authorities.
2. The Customer is responsible for the use of the SIM Card, or other terminals, and for the payment of communications made on this SIM Card before Ooredoo is informed of the theft or loss.
3. The Customer may request the replacement of the SIM Card or other terminals following their loss, theft or deterioration, paying the corresponding costs. The replacement costs are communicated in advance and on request.
4. Ooredoo cannot be held responsible for the consequences of a declaration of theft or loss that does not come from the Customer. Ooredoo is not responsible for any misrepresentation of loss or theft.
Article 15: Modification of contract by the Client
If the Client decides to change his invoice contract to a card contract, he may have to pay fees for migrating the established contract, according to the pricing in effect.
Article 16: Termination of the subscription contract by the Customer
Termination after the minimum commitment period:
1. The Contract can be terminated by the Customer at any time after the expiration of the minimum subscription period. It suffices to send the request by registered letter with acknowledgment of receipt, to Ooredoo's Customer Service, subject to sixty (60) days' notice calculated from the date of receipt of the letter.
Termination after the minimum commitment period:
1. The Contract can be terminated by the Customer at any time after the expiration of the minimum subscription period. It suffices to send the request by registered letter with acknowledgment of receipt, to Ooredoo's Customer Service, subject to sixty (60) days' notice calculated from the date of receipt of the letter.
Termination before the end of the minimum commitment period:
1. If termination occurs before the end of the minimum subscription period, the Customer is required to pay, in addition to the unpaid consumption, the monthly fees that remain to run until the end of the minimum period.
2. Ooredoo undertakes to suspend the subscription contract immediately upon receipt of the Customer's letter. The definitive termination of the contract will take effect on the 1st of the following month. The Customer remains liable for all costs incurred for the use of the services until its effective termination.
Termination for just cause:
1. The Customer may, in the event of a price increase occurring during the period of the subscription contract, request its termination without notice and without payment of the subscriptions for the remaining months. He must however inform Ooredoo of his decision to terminate by registered letter with acknowledgment of receipt.
2. The Customer may terminate the contract, within thirty (30) days after the date of subscription of the Contract when the basic service is permanently inaccessible (except in cases of force majeure). The Customer must send the request by registered letter with acknowledgment of receipt addressed to Ooredoo. The Client will be entitled to reimbursement of the subscription fees.
3. The Customer may terminate his subscription contract in the event of the modifications made by Ooredoo and provided for in the aforementioned article 5. The Customer has a period of ten (10) days, from the date of notification of the changes to the general subscription conditions, to send the request to Ooredoo Customer Service by registered letter with acknowledgment of receipt.
Article 17: Termination of the contract by Ooredoo
1. The Contract may be terminated by Ooredoo without the Customer being able to claim any compensation, in particular in the following cases:
- Misrepresentation by the Client regarding the Contract.
- Customer's breach of any obligation under the Contract.
- Non-receipt by Ooredoo of the complete file of the subscription contract or absence of regularization of an incomplete file ------ within three (3) days following the activation of the line.
- Non-payment by the Customer of the sums due to Ooredoo.
- Preservation period exceeded.
- Fraudulent use or/and not in accordance with the laws in force.
- For reasons of national security and in accordance with the regulations in force.
2. The Contract ends in the event of withdrawal of the authorization of the service granted to Ooredoo by the Ministry of Communication and Information Technologies by the decree of May 14, 2002 and/or in the event of withdrawal of the authorization granting of the 3G license granted by the Ministry of Communication and Transport Technologies by Decree No. 2012-755 of July 10, 2012, approving the agreement for the award of a license for the installation and operation of a public telecommunications network for the provision of fixed telecommunications services and third-generation mobile telecommunications services. In this case, Ooredoo must reimburse subscribers for the amounts of subscription advances received.
3. In the event of termination of the Contract, Ooredoo reserves the right to reassign the Customer's number to another customer.
4. In the event of termination relating to one or more optional services, the Contract shall continue under all its conditions for the other services.
5. The Contract is automatically terminated by Ooredoo, after the suspension of the Service under the conditions provided for in Article 13, unless the cause of the suspension is lifted during this period or if Ooredoo expressly grants an additional period to the Customer to fulfill its obligations. When this termination occurs before the end of the minimum commitment period, the subscription fees remaining to run until the expiry of this period become immediately payable.
Article 18: Non-transfer of the contract
Neither the SIM card, nor the phone number, nor any terminal belonging to Ooredoo can be transferred by assignment or otherwise without the prior, written and explicit agreement of Ooredoo.
Article 19: Legal proceedings
In the event of legal proceedings for non-payment of the sums invoiced under this contract, the debtor customer will bear:
- Administrative management fees fixed at 40 Tunisian Dinars.
- Unbilled subscriptions relating to the minimum period mentioned in article 3.
- Lawyer's fees set at 250 Dinars per instance.
- And late payment interest fixed at 13% per year. Late payment interest is calculated from the due date of the invoice.
Article 20: Competent courts
The Customer and Ooredoo agree to elect the courts of Greater Tunis as the only competent courts empowered to rule on disputes or disputes between the customer and Ooredoo arising from the execution or interruption of this contract. Protection of personal data.
Article 21: Protection of personal data
1. Personal data relating to the Customer collected by Ooredoo is processed in accordance with the regulations in force. Thus, any Customer has a right of access, rectification and opposition for legitimate reasons to personal data concerning him. To do this, the Customer may contact Customer Service
2. The Customer gives his consent to any use of personal data concerning him, in particular traffic data, for the purposes of direct prospecting concerning products or services similar to those referred to herein, the Customer has the right to oppose to the use of said data by simply calling Customer Service. Ooredoo may use this information to develop and market products and services. Ooredoo may also use this information in the context of direct marketing operations, by sending the Customer messages relating to its products and services, by any medium whatsoever and in particular by e-mail, unless the Customer expressly objects to customer service or by any other means indicated by him. The Customer gives his consent to Ooredoo who may, subject to compliance with the provisions of Law No. 2004-63 of July 27, 2004 on the protection of personal data, communicate this information to its service providers for the purposes of the execution of a service or studies falling within the scope of its activities. Unless expressly opposed by the Customer, the information concerning him may be communicated to partners for commercial operations or the communication of Ooredoo's offers. In this case, Ooredoo must take all the necessary precautions to ensure the security of this data and prevent the service providers and/or partners from modifying or altering them.
*Relates to specific offers.
