Terms and Conditions

Kalaam Bahrain Terms & Conditions

1. Commencement of Agreement

This Agreement shall commence on the date that the Subscription Form is accepted and signed by the Customer and confirmed in writing by Kalaam, and shall continue until the last day of the Contract Term unless previously terminated in accordance herewith. The customer can accept the agreement by agreeing in writing or by email When you accept, you're representing that you are at least 18 years old and are legally able to accept an agreement. If you're accepting for an organization, you're representing that you are authorized to bind that organization, and where the context requires, "you" means the organization. By accepting, you are agreeing to every provision of this Agreement whether or not you have read it. In the event of any conflicts between these General Terms or the Specific Terms mention in the Proposal, the Specific Terms will prevail unless a Policy expressly states that it supersedes the General Terms or the Specific Terms. In the event of any conflict between the General Terms and the Specific Terms, the Specific Terms will prevail.

2. Renewal of Contract

The Contract can be renewed for a further term, at any time during the term of the Contract or on expiry, by a mutual written agreement between Kalaam and the Customer.

3. Service(s)

3.1 Kalaam shall provide to the Customer the service (the “Service”) which has been indicated on the Subscription Form or Proposal. The Service is subject to these Terms & Conditions printed herewith, except where expressly stated otherwise.
3.2 Kalaam cannot guarantee that the Service provided will be free from faults and interruptions which arise from factors which are outside of Kalaam’s control, whether as a result of network performance, third party interference or otherwise. The Customer accepts that in some cases that they may not be able to receive the subscribed Service owing to certain technical restrictions that may arise, although Kalaam will ensure to restore the Service, as per the agreed SLAs in the Specific Terms, to keep any disruption to the provision of the Services in such circumstances, to a minimum. The restoration will be provided to the Customer free of charge should the interruption occur as a result of any maintenance services to Kalaam’s network or as a result of a fault in Kalaam’s equipment and/or infrastructure.
3.3 Broadband is an Internet Protocol (“IP”) broadband- based service allowing voice calls over IP (if subscribed) and Internet connectivity enabled through a modem connected to the telephone
Direct Dial International Services:
3.4 Customer confirms that they choose one Pre-Selected Operator – Kalaam, for their international calling service.
3.5 When using a Pre-Selected Operator, certain services will not be available such as calls to emergency services and calls to short codes.
Kalaam mobile app:
3.6 Customer has accepted the End User License Agreement (EULA) mentioned when downloading the app from Google Play Store or Apple Store. EULA is also available on www.kalaam-telecom.com

4. Service(s) Activation

The Customer can expect the service to be activated as per service activation days mentioned in the proposal in this subscription form and is subject to all start-up requirements being met which are given in the proposal offered to the Customer.

5. Installation of the Service

5.1 After the Customer signs the application form and accepts Kalaam’s present terms and conditions, Kalaam will process the order and start the Service activation process.
5.2 If the Customer already has the router and when the internal activation is completed, Kalaam will notify the Customer via SMS to connect the modem to the telephone splitter and personal computer (PC)/ network (in case of businesses) to fully test the Service. This day will be considered the Service Acceptance date and the billing will commence on this date.
5.3 If Kalaam has to deliver the router:

• When the internal activation is completed, Kalaam will notify the Customer of that via SMS and inform him that a member of the team will contact him to arrange for an appointment to finish the activation process and install the modem within 2 working days.
• Once the modem is delivered, installed and the activation process is completed at the Customer address, the Customer will sign a Service acceptance form which will signify the Service Acceptance date.
• If there are delays in arranging for an appointment or installing the service at the Customer address due to the Customer, Kalaam will consider the installation of the service date as the Service Acceptance date.

6. Customer’s Responsibilities

6.1 Customer Information: The Customer agrees to provide true, accurate, complete and up-to-date information to Kalaam as requested on the Subscription Form, including but not limited to Customer’s name, authorized signatory, address, CR or any subsequent reasonable information request made by Kalaam from time to time. Customer agrees to also promptly notify Kalaam of any change in aforesaid Customer information.
6.2 Customer Equipment and Data: The Customer is solely responsible for Customer’s Equipment and ensures that:
a) it complies with all applicable laws or relevant telecommunication industry standards and meets required specification and is compatible with any Third Party Software used by Customer to receive the services and meets Customer’s need in respect of the use of the Services; and in the case of data services, all data retrieved, stored or transmitted through the Service. This shall include but not be limited to any distortion or corruption caused to the Customer Equipment or data as a result of the use of the Services.
b) in the particular case of data services, wherein some material available on the Internet may be offensive, illegal or otherwise generally inappropriate, Kalaam cannot be held responsible for all or any of the content, accuracy or quality of information or the resources available, received or transmitted by any party through customer’s or other third-party’s use of the Services, whether or not in accordance with these Terms and Conditions.
6.3 Customer agrees that neither Kalaam nor its vendors, suppliers or licensors are responsible for any damages resulting from any conduct by a third party that is beyond Kalaam’s control or as a result of the Customer’s conduct, that include:; (i) providing or failing to provide Services, including, but not limited to, deficiencies or problems with a Device or network coverage (for example, dropped, blocked, interrupted calls/messages, etc.); (ii) traffic or other accidents, or any health-related claims relating to Kalaam’s Services; (iiii) Data Content or information accessed while using Kalaam’s Services (For eg- Hacking); (iv) an interruption or failure in accessing or attempting to access emergency services from a Device, including through 999; (v) interrupted, failed, or inaccurate location information services, (vi) information or communication that is blocked by a spam filter, or (vii) things beyond kalaam’s control, including acts of God (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism or government orders or acts.
6.4 Service Equipment provided by Kalaam: The Customer agrees that any Service Equipment, (whenever applicable) supplied on lease to the Customer by Kalaam will:
a) remain the property of Kalaam (unless otherwise stated by Kalaam in writing) and be used by the Customer in accordance with any applicable instructions, safety and security procedures issued by Kalaam and/or the manufacturer of the Equipment, and the Customer will not add to, modify or in any way interfere with it nor allow any other persons to do so.
b) be the Customer’s sole responsibility to protect from any loss. In the event of any loss, destruction or theft of Service Equipment, the Customer is advised to inform Kalaam in writing, immediately upon becoming aware of such event. In the case of loss or theft of Service Equipment and after the Customer promptly reporting the incident to Kalaam, Kalaam shall immediately disconnect the Service. Any reconnection of the Service shall be made upon written application and approval by the Customer. The Customer shall remain liable to pay all Charges (including call charges if any) incurred with respect to that Service Equipment or usage of Service until the Customer notifies Kalaam, at which time the Service may be suspended by Kalaam. The lost, damaged, or stolen Equipment may be replaced at the Customer’s request and may be subject to a replacement charge that is to be specified by Kalaam and is applicable if the cause of the damage is determined to be due to the Customer’s negligence.
c) The Customer agrees that any Service Equipment, (e.g. CPE, whenever applicable) which supplied on lease to the Customer by Kalaam will be disconnected during times of a power outage, which will cause the voice and data features of the CPE to be interrupted. Kalaam cannot be held responsible for any electricity or power outages that interrupt the voice and data service obtained from Kalaam. In case of power outage at the Customer’s office premises where a broadband service with voice service has been installed, the Customer will not be able to make or receive phone calls or access data services through the supplied CPE. Hence, Customer will be required to revert to make and receive phone calls through Batelco land line and will be billable by Batelco, as per Batelco’s rates at the time of the Kalaam service disconnection. Kalaam will not be responsible for calls placed and charged through your Batelco landline (17xxxxx) in this instance or for any data loss incurred during the power outage.
6.5 Use of Services: The Customer will be solely responsible for all access to, and use of, the Services provided by Kalaam, whether or not the service is actually used. If the Customer allows a third party to access the services, the Customer is liable for all activities conducted by such party, included but not limited to the use of landlines, mobiles and the Internet or any other usage whatsoever. The Customer agrees to not use the Service:
a) in a way which does not comply with the terms of any laws or any license applicable to the Customer, or that is in any way unlawful or fraudulent or, to the Customer’s knowledge, has any unlawful or fraudulent purpose or effect, or which infringes or may potentially infringe the rights (including intellectual property rights) of Kalaam or any third party;
b) in connection with (without prejudice to the generality of sub-Clause 6.5 a) above) the carrying out of a fraud or criminal offence against Kalaam or any other party; or
c) to send, knowingly receive, upload, download, use or re-use material which is abusive, offensive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidentiality, privacy or any other rights or which is liable to incite racial disharmony or hatred, or which comprises of a virus or other code liable to cause loss or damage; or
d) to promote drug-trafficking, prostitution, money-laundering, terrorism, paedophilia (or any material that is in anyway harmful);
e) to send or procure the sending of any unsolicited advertising or promotional material; or in a way that in Kalaam’s reasonable opinion could have a materially detrimental effect on Kalaam’s business (including the Service);
f) to resell, re-supply, hire, transfer ownership, assign, trade or otherwise dispose of the Service or make it available to any person on a commercial basis;
g) to provide public information services without obtaining the prior formal approval from the relevant government authorities within the Kingdom of Bahrain;
h) Kalaam shall have the right to enforce the obligations set out in sub-Clauses a) to g) inclusive of suspending or terminating the Service forthwith without notice if the Customer is in breach of them.
6.6 Breach of Services: The Customer shall indemnify, defend and hold Kalaam harmless absolutely from and against all costs, losses, claims, damages and expenses (including without limitation any legal costs) of any kind whatsoever, whether foreseeable or not that may be suffered by Kalaam, as a result of any breach of this Clause 6 by the Customer, or anyone using the Services with the Customer’s permission.
a) Nothing in this Clause 5 shall prohibit Kalaam or otherwise restrict its rights to commence legal proceedings against the Customer for enforcement of all or any part of this Clause 5.
b) Kalaam reserves the right in applicable circumstances arising from a breach of the provisions of this Clause 6 or where otherwise requested, to pass on such details to the relevant authorities as may be appropriate. Furthermore, Kalaam may take such steps as it sees fit, including but not limited to the modification or deletion of any offending material which the Customer has disseminated using the Services in contravention of these Terms & Conditions, or the suspension or termination of Customer’s access to the Services pursuant to these Terms & Conditions, as soon as it becomes aware of the existence of such material. The Customer agrees to provide all necessary assistance to Kalaam as requested in order to allow Kalaam to take the steps set out in this Clause.
c) This Clause 6 shall not apply in any case where any cost, loss, claim, damage and/or expense (including without limitation legal costs) is suffered by Kalaam as a result of its own negligence, misconduct or misrepresentation.
6.7 Services Provisions: Kalaam may from time to time, after providing fifteen (15) days notice to the Customer in non-emergency situations, may:
a) change the technical specification of the Service, provided that any changes do not materially affect the substance or the performance of the Service; or
b) suspend the Service for operational reasons (such as planned maintenance or Service upgrades) or because of an emergency.
c) Kalaam shall endeavour, before exercising any of its rights under sub-Clause 6.7 a) and b), to give the Customer as much advance notice as is reasonably possible (at least 24 hours for non-emergency situations).

6.8. Customer Data Responsibility
In the event of services which entails hosting, cloud and storage of data, Kalaam is not privy to the Customer or their end-users' data stored, including its content, quantity, value, or usage. Such Customer Data remains the sole property of the Customer, who is exclusively responsible for:

• Assessing the Services' appropriateness for the Customer Data managed or processed by the Customer or their end-users,
• Ensuring that the Services are used securely and appropriately by authorized users, taking reasonable precautions against unauthorized access,
• Implementing all reasonable measures to mitigate risks involved in transmitting, storing, and managing Customer Data, including encryption and access control,
• Promptly notifying Kalaam about any unauthorized Service use or security breaches and cooperating with Kalaam’s security investigations.

Data Management

• Data Backup: Customers must maintain an up-to-date copy of their data and program out of Kalaam systems. If using Kalaam’s Cloud Backup Services, it is the Customer’s duty to execute, test restores, and monitor data integrity.
• If specified under the availed service and/or proposal, Kalaam will employ reasonable technical and organizational security measures to protect Customer Data against loss, alteration, or unauthorized access.

7. Service Fair Usage Policy

7.1 By accepting these terms and condition, the Customer is bound by Fair Usage Policy for telephony and broadband. Fair Usage Police is a set of measures to limit or
control the Customer’s data traffic in a given time
frame when it is deemed excessive or unreasonable.
It can be by stopping the data service or by
downgrading the data throughput speed, in
accordance to the Application Form and/or
Subscription.
7.2 Kalaam shall have the right to manage the trafic and amend the Fair Usage Policy at any time. If the Company applies a material change to the Fair Usage Policy contracted in the Application Form, the Customer has the right to terminate the Service at no additional charges; in such scenario the Customer is liable for previous due amounts, commitments or Equipment.

8. Kalaam’s Responsibilities

8.1 Kalaam may retain Customer’s personal information provided pursuant to this Clause or otherwise in accordance with these Terms & Conditions, and Kalaam’s Privacy Policy, available at its website. The policy may change from time to time. The policy contains information about what information Kalaam collects from the Customer and its use. Customers can access the policy on the following link: https://kalaam-telecom.com/en/about-us/privacy-policy.html
8.2 The Customer understands that all rights, titles and interests (including all Intellectual Property Rights) in the Services remain vested in Kalaam (and/or it suppliers where applicable) and nothing in these Terms & Conditions shall operate as a transfer or license to the Customer of the same. The Customer agrees not to do anything to limit, interfere with, or otherwise jeopardize in any manner such rights, title and interest.

9. Liability and Indemnity

9.1 Kalaam shall not be liable to the Customer in any event for consequential, indirect or special damages or for loss of profit, and shall not otherwise be liable to the Customer except in the case of total or partial nonperformance or inadequate performance of Kalaam, its officers, employees, affiliates or subcontractors.
9.2 The Customer will indemnify and defend Kalaam against all claims and proceedings whatsoever and howsoever arising (whether actual or threatened) arising out of Kalaam’s performance of its obligations under this Agreement and the Customer’s use of the Service so long as Kalaam acts in good faith and in the absence of negligence or wilful default on the part of Kalaam, its officers or employees.
9.3 Nothing in this Agreement shall exclude or limit the liability of either party for death or personal injury resulting from the negligence of that party or its directors, officers, employees, contractors or agents, or, in respect of, fraud or of any statements made fraudulently by that party or its directors, officers, employees, contractors or agents;
9.4 Events beyond Kalaam Reasonable Control: Kalaam shall not be liable to the Customer if it is unable to perform any obligation or provide the Services because of any factor outside Kalaam’s reasonable control,including (but not limited to) act of God, fire, extreme weather conditions, industrial action, default or failure of a third party, war, act of government or state, terrorist acts, civil commotion, insurrection or embargo.
9.5 Notwithstanding any provision to the contrary contained in this Agreement, and subject to the below-stated exceptions, the total liability of Kalaam, together with its Representatives, arising out of or in connection with the Services or this Agreement, under any legal theory, shall not exceed the lesser of 50% of the value of the contract over a 12-month period or the total value of the contract if not delineated by time. The parties also agree that:
(a) Neither Kalaam nor its Representatives shall be liable for any indirect, special, incidental, exemplary, consequential losses or damages, or for any loss of profits, income, business, business opportunities, data corruption or loss, anticipated savings, punitive damages, goodwill, reputation, or any other losses resulting from the use of reasonable diligence by the damaged party to mitigate such losses.
(b) Kalaam assumes no liability for losses arising from external factors beyond its control, including but not limited to zero-day attacks, unknown vulnerabilities, denial of service attacks, malware, hacking attempts, network traffic or application utilization spikes, as well as any deficiencies in the Customer's applications, codes, data structures, system software, operating systems, or vendor-supplied patches.
(c) The provision of Service Credits where applicable shall constitute the Customer’s sole and exclusive remedy for the Provider’s failure to fulfill any service guarantees warranting such credits.
(d) These limitations of liability are a fundamental part of the Agreement and represent a mutually agreed allocation of risk, forming part of the consideration for Kalaam services. These limitations shall remain in effect even if any remedy fails in its essential purpose.

10. Suspension of Service

10.1 Kalaam may also suspend the Services with immediate effect where:
a) it is necessary in order to carry out any maintenance or repair to the Services or otherwise; or
b) If the customer system or service displays any indication of a cyber security breach and/or malware.
c) the relevant government authorities within the Kingdom of Bahrain or elsewhere require Kalaam to suspend the Services for whatever reason; or
d) the Customer has breached any of the terms and conditions in the General Terms and/or the Specific Terms.
10.2
a) Kalaam may reinstate the Services in its sole discretion if it is satisfied that Customer has rectified any breach of the Terms & Conditions or the reason for the initial suspension of the Services no longer applies.
b) Kalaam shall notify the Customer of any expected or suspected suspension of services as soon as practicable and, to the greatest extent possible, prior to the suspension of service taking place.

11. Termination

11.1 Subject to the Customer’s having fulfilled any applicable minimum Service Term applicable to a Service, (see Clause 2) as specified in the Subscription Form and/or any customized proposal offered to the Customer, the Customer may terminate these Terms and Conditions and bring this contract to an end by giving prior written notice of ninety (90) calendar days to Kalaam. Upon termination of these Terms & Conditions, all Charges which are due from the Customer become immediately due and payable and the provisions of Clause 12.4 shall continue to apply.
11.2 Kalaam may terminate these Terms & Conditions and the provision of the Services by either:
1. giving the Customer thirty (30) calendar days prior written notice; or
2. with immediate effect in any of the following circumstances:
a) where the Customer receives a Service for which Customer does not pay the Charges within the time frame set out in the Customer’s Bill(s). On termination, the Customer will be provided with a grace period of seven (7) days to pay any outstanding for the Service to which the Charges relate; or
b) the Customer breaches a material term or condition set out in these Terms & Conditions. A material term or condition for these purposes includes but is not limited to any part of Clause 6; or
c) Customer breaches any other term or condition set out in these Terms & Conditions apart from those set out at sub-Clauses 11.2.b a) and b) aforementioned and does not rectify the breach within seven (7) calendar days of such breach, being notified to the Customer, by coming to the attention of Kalaam; or
d) Customer becomes insolvent or bankrupt or are otherwise deemed unable to pay their debts as and when they fall due; or
e) Kalaam has reason to believe that the Customer has not provided true, accurate and complete information as required at the time of application for the Services.
11.3 Events Following Termination: Immediately after the termination of these Terms & Conditions for whatever reason, the following shall apply:
1. if Customer has retained any Service Equipment which they use or have used in connection with the Services or otherwise, Customer must immediately return this to Kalaam in complete and good working order, unless Kalaam provides its express prior written consent to the contrary;
2. Kalaam will send the Customer a Bill for all Charges which are outstanding as a result of their use of the Services and which have not yet been billed by Kalaam prior to termination of the Services. This Bill will include any monthly Subscription Charges which are outstanding at the date of termination along with the total remaining unbilled amount till the end of the Contract term. If the Customer has paid a monthly Subscription Charge in advance of the date of termination, Customer will not receive a refund in respect of that unexpired part of the relevant month for which Customer has paid. The Customer agrees to pay this Bill on or before the date upon which payment is required.
3. upon settling the outstanding and by satisfying the termination notice requirement, Kalaam will terminate Customer’s access to the Services.
11.4 None of the rights which either Kalaam or Customer has accrued as a result of these Terms & Conditions prior to the date of termination shall be lost or otherwise affected following termination.

12. Charges, Billing and Payment

12.1 The Customer agrees to receive the Service in return for payment of Charges for the Service term set out (if applicable) in the Subscription Form or proposal and thereafter until the termination of Services as indicated in Clause 11.
12.2 Kalaam will provide the Customer with a regular E-Bill detailing (i) the Charges applying at the time the Services are used and (ii) the total amount due to Kalaam for the provision of the Services in the period to which the Bill relates. The Customer agrees that they will pay these charges to Kalaam promptly and in any event by the payment due date printed on the Bill. If that payment becomes overdue, Kalaam may suspend or terminate the Services pursuant to Clause 11.
12.3 Where applicable, the Registration or Setup Fee is payable by the Customer when the Subscription Form is signed.
12.4 For various Services, Kalaam will send the Customer an E- Bill on a monthly basis. The Charges are payable by the Customer, monthly in advance, and the Usage Charges are payable monthly in arrears.
12.5 Your paper bill may not include individual call detail. Paper bills with call detail may be subject to an additional charge.
12.6 The Customer agrees that they will remain responsible for all Charges incurred by a third party, which do not exceed the Customer’s credit limit,who accesses their account in order to use the Services, save from the time when the Customer notifies Kalaam that a third party is using the Services through their account without their permission and Kalaam suspends the Services. Notifications to Kalaam can either be achieved by calling: 16100100 or e-mailing: support@kalaam-telecom.com.
12.7 Payment of all sums due to Kalaam under the Agreement shall be paid by the Customer in full (without any set-off, deductions or withholdings whatsoever) by electronic bank transfer, or such payment modes as may be reasonably specified by Kalaam from time to time. Payment of the Setup Fee shall be made in advance simultaneously with the execution of the Agreement.
12.8 If the Customer does not pay an invoice by the due date, Kalaam shall have the right at its discretion and without notice to: transfer the unpaid invoiced amount to the account of any other service(s) provided to the Customer by Kalaam, and the Customer shall be liable to pay all charges on any invoice issued by Kalaam for such service(s) by the due date; and deduct the unpaid invoiced amount from any payment or credit due to the Customer by Kalaam under this Agreement or any other agreement for service(s) provided by Kalaam to Customer. The rights in this Clause are in addition to any other rights that Kalaam has under these terms and conditions, including the right to suspend or terminate the Service or any other service provided by Kalaam.
12.9 Kalaam also reserves the right to charge the Customer a reactivation fee of BD 10 if the Customer’s account was suspended due to overdue payments.
12.10 The Charges for the Services shall be based on the current tariffs and rates as proposed by Kalaam to the Customer and mentioned in the application form and/or the Specific Terms.
12.11 Rental charges for the broadband subscribed service, as per subscribed package, wherever subscribed will be billed in advance, from the date of activation. The Services rendered excluding equipment installments to the Customer up and until the issue of the first bill shall be pro-rated according to the rates of the chosen package. The equipment will be billed in accordance with Clause 12.4. All other charges other than rentals and equipment, applicable to the services provided to the Customer shall be charged in arrears.
12.12 Equipment Installments Payment Options: The supported CPE service will be charged to the Customer by Kalaam in zero interest bearing 12 monthly equal installments. The installment period will start from the date of the Customer’s acceptance of Subscription Form. In the event of the Customer terminating the broadband Service, the installment before the end of the agreement period, the Customer is liable to pay all installments for the remaining amount of the broadband CPE which will be transferred over to the Customer’s next bill.
12.13 Bundled voice allocation(s) shall become effective on every first (1st) day of each calendar month and shall be valid until the last day of the calendar month. Excess usage over the free quota shall be billed in arrears at the rates associated to the relevant tariff rate calculated per minute.
12.14 Unused voice bundled allocations shall not be carried over to the next month.
12.15 Non billable Valued Added Services refer to services offered for use by the Customer at no additional charge. In certain instances i.e. the services marked with *, activation of the service and subsequent usage may attract charges:, Call Barring*, Call Forward*, Call Hold, Call Waiting, Caller Line Identification Presentation / Restriction (CLIP/CLIR)*, Conference Call* and Voicemail*.
12.16 Fee for Charges
Charges of withdrawal - BD 5.000 (for Wrong physical address or the end-user client rejects the order)
Upgrade/Downgrade of internet speed- BD 5.000
Alternative Service - BD 25.000 (relocating same WBS ONT within the premises)
Port Cessation Charge - BD 10.000 Per event
of a third party, war, act of government or state, terrorist acts, civil commotion, insurrection or embargo.

13. Suspension of Service

13.1 Subject to the Customer’s having fulfilled any applicable minimum Service Term applicable to a Service, (see Clause 2) as specified in the Subscription Form and/or any customized proposal offered to the Customer, the Customer may terminate these Terms and Conditions and bring this contract to an end by giving prior written notice of ninety (90) calendar days to Kalaam. Upon termination of these Terms & Conditions, all Charges which are due from the Customer become immediately due and payable and the provisions of Clause 12.4 shall continue to apply.
13.2 Kalaam may terminate these Terms & Conditions and the provision of the Services by either:
1. giving the Customer thirty (30) calendar days prior written notice; or
2. with immediate effect in any of the following circumstances:
a) where the Customer receives a Service for which Customer does not pay the Charges within the time frame set out in the Customer’s Bill(s). On termination, the Customer will be provided with a grace period of seven (7) days to pay any outstanding for the Service to which the Charges relate; or
b) the Customer breaches a material term or condition set out in these Terms & Conditions. A material term or condition for these purposes includes but is not limited to any part of Clause 6; or
c) Customer breaches any other term or condition set out in these Terms & Conditions apart from those set out at sub-Clauses 11.2.b a) and b) aforementioned and does not rectify the breach within seven (7) calendar days of such breach, being notified to the Customer, by coming to the attention of Kalaam; or
d) Customer becomes insolvent or bankrupt or are otherwise deemed unable to pay their debts as and when they fall due; or
e) Kalaam has reason to believe that the Customer has not provided true, accurate and complete information as required at the time of application for the Services.
13.3 Events Following Termination: Immediately after the termination of these Terms & Conditions for whatever reason, the following shall apply:
1. if Customer has retained any Service Equipment which they use or have used in connection with the Services or otherwise, Customer must immediately return this to Kalaam in complete and good working order, unless Kalaam provides its express prior written consent to the contrary;
2. Kalaam will send the Customer a Bill for all Charges which are outstanding as a result of their use of the Services and which have not yet been billed by Kalaam prior to termination of the Services. This Bill will include any monthly Subscription Charges which are outstanding at the date of termination along with the total remaining unbilled amount till the end of the Contract term. If the Customer has paid a monthly Subscription Charge in advance of the date of termination, Customer will not receive a refund in respect of that unexpired part of the relevant month for which Customer has paid. The Customer agrees to pay this Bill on or before the date upon which payment is required.
3. upon settling the outstanding and by satisfying the termination notice requirement, Kalaam will terminate Customer’s access to the Services.
13.4 None of the rights which either Kalaam or Customer has accrued as a result of these Terms & Conditions prior to the date of termination shall be lost or otherwise affected following termination.

14. Charges, Billing and Payment

14.1 The Customer agrees to receive the Service in return for payment of Charges for the Service term set out (if applicable) in the Subscription Form or proposal and thereafter until the termination of Services as indicated in Clause 11.
14.2 Kalaam will provide the Customer with a regular E-Bill detailing (i) the Charges applying at the time the Services are used and (ii) the total amount due to Kalaam for the provision of the Services in the period to which the Bill relates. The Customer agrees that they will pay these charges to Kalaam promptly and in any event by the payment due date printed on the Bill. If that payment becomes overdue, Kalaam may suspend or terminate the Services pursuant to Clause 11.
14.3 Where applicable, the Registration or Setup Fee is payable by the Customer when the Subscription Form is signed.
14.4 For various Services, Kalaam will send the Customer an E- Bill on a monthly basis. The Charges are payable by the Customer, monthly in advance, and the Usage Charges are payable monthly in arrears.
14.5 Your paper bill may not include individual call detail. Paper bills with call detail may be subject to an additional charge.
12.6 The Customer agrees that they will remain responsible for all Charges incurred by a third party, which do not exceed the Customer’s credit limit,who accesses their account in order to use the Services, save from the time when the Customer notifies Kalaam that a third party is using the Services through their account without their permission and Kalaam suspends the Services. Notifications to Kalaam can either be achieved by calling: 16100100 or e-mailing: support@kalaam-telecom.com.
14.7 Payment of all sums due to Kalaam under the Agreement shall be paid by the Customer in full (without any set-off, deductions or withholdings whatsoever) by electronic bank transfer, or such payment modes as may be reasonably specified by Kalaam from time to time. Payment of the Setup Fee shall be made in advance simultaneously with the execution of the Agreement.
14.8 If the Customer does not pay an invoice by the due date, Kalaam shall have the right at its discretion and without notice to: transfer the unpaid invoiced amount to the account of any other service(s) provided to the Customer by Kalaam, and the Customer shall be liable to pay all charges on any invoice issued by Kalaam for such service(s) by the due date; and deduct the unpaid invoiced amount from any payment or credit due to the Customer by Kalaam under this Agreement or any other agreement for service(s) provided by Kalaam to Customer. The rights in this Clause are in addition to any other rights that Kalaam has under these terms and conditions, including the right to suspend or terminate the Service or any other service provided by Kalaam.
14.9 Kalaam also reserves the right to charge the Customer a reactivation fee of BD 10 if the Customer’s account was suspended due to overdue payments.
12.10 The Charges for the Services shall be based on the current tariffs and rates as proposed by Kalaam to the Customer and mentioned in the application form and/or the Specific Terms.
14.11 Rental charges for the broadband subscribed service, as per subscribed package, wherever subscribed will be billed in advance, from the date of activation. The Services rendered excluding equipment installments to the Customer up and until the issue of the first bill shall be pro-rated according to the rates of the chosen package. The equipment will be billed in accordance with Clause 12.4. All other charges other than rentals and equipment, applicable to the services provided to the Customer shall be charged in arrears.
14.12 Equipment Installments Payment Options: The supported CPE service will be charged to the Customer by Kalaam in zero interest bearing 12 monthly equal installments. The installment period will start from the date of the Customer’s acceptance of Subscription Form. In the event of the Customer terminating the broadband Service, the installment before the end of the agreement period, the Customer is liable to pay all installments for the remaining amount of the broadband CPE which will be transferred over to the Customer’s next bill.
14.13 Bundled voice allocation(s) shall become effective on every first (1st) day of each calendar month and shall be valid until the last day of the calendar month. Excess usage over the free quota shall be billed in arrears at the rates associated to the relevant tariff rate calculated per minute.
14.14 Unused voice bundled allocations shall not be carried over to the next month.
14.15 Non billable Valued Added Services refer to services offered for use by the Customer at no additional charge. In certain instances i.e. the services marked with *, activation of the service and subsequent usage may attract charges:, Call Barring*, Call Forward*, Call Hold, Call Waiting, Caller Line Identification Presentation / Restriction (CLIP/CLIR)*, Conference Call* and Voicemail*.
14.16 Fee for ChargesCharges of withdrawal - BD 5.000 (for Wrong physical address or the end-user client rejects the order)
Upgrade/Downgrade of internet speed- BD 5.000
Alternative Service - BD 25.000 (relocating same WBS ONT within the premises)
Port Cessation Charge - BD 10.000 Per event
External Removal Charge - BD 10.000 Per event
Providing New Home gateway ONT – BD 42.000 (customer looking to have a new router)
Call out for technician on Access Seeker's request- BD 20.000 Per hour, subject to minimum of:
Four hours for construction work; Two hours for maintenance work; One hour for clerical work; and
Two hours for any other work.
Suspension of WBS request on Access Seeker's request: BD 5.000 Per act of suspension and per act of connection

15. Changes

15.1 Kalaam may vary its terms of Agreement by providing thirty (30) days written notice to the Customer, and the Customer may accept the changes by providing Kalaam with a written notice.
15.2 the Customer may terminate the Agreement without any early termination charges by giving written notice upon thirty (30) days from date of receipt of such notice, if Kalaam’s variations have resulted in changes that materially alter the Customer’s rights under this Agreement to the Customer’s detriment.

16. Notices

16.1 Any notice to be given by the Customer to Kalaam shall only be effective through in writing and delivered to Kalaam Customer Care Centre located on 6th Floor, Office 602, Almoayyed Tower, Seef District, Kingdom of Bahrain.
16.2 Any notice to be given by Kalaam to the Customer shall be effective if through media communication or in writing and delivered to the address or sent to any relevant e-mail address or facsimile number for that party set out in the Subscription Form.

17. Miscellaneous

17.1 Kalaam may assign, novate or sub-contract any of its rights or obligations under this Agreement. The Customer shall not be entitled to assign, novate, sub-contract or otherwise dispose of any of its rights or obligations under this Agreement (unless otherwise agreed with Kalaam in writing).
17.2 Save as expressly provided under this Agreement all other warranties whether express or implied are hereby excluded to the fullest extent permissible by law and this Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous Agreements.
17.3 The Customer hereby represents and warrants to Kalaam that the Customer has full power to enter into this Agreement and that all information supplied by the Customer to Kalaam and/or entered onto the Subscription Form is true, accurate and complete in all respects.
17.4 In the event (and to the extent only) of any conflicts or inconsistencies between the Agreement and any of the constituent parts of this Agreement, then the following application of priority shall apply 1) the Agreement 2) the Service Proposal; 3) the Kalaam’s Terms and Conditions;
17.5 Complaints Procedures: The Customer may submit complaints in relation to Kalaam’s Services or any matter related and that has been mentioned in contract, agreement, signed proposals between Customer and Kalaam Telecom Bahrain, to our Customer Service Centre whose details are provided hereunder. Customer is requested to make complaints in writing or electronic mail addressed to Kalaam Telecom Customer Care Centre at 6th Floor, Office 602, Almoayyed Tower, Seef District, P.O. Box 21421, Kingdom of Bahrain.
17.6 Upon receipt of the complaint, Kalaam Telecom shall investigate the matter and revert to Customer within 14 working days and do its best endeavour to resolve any complaint amicably. However, the provisions of this Article do not prejudice Customer’s rights under Article 55 and 56 of the Telecommunications Law of the Kingdom of Bahrain to refer the matter to the Telecommunications Regulatory Authority (TRA), 60 (sixty) days after submitting such complaint to Kalaam Telecom. Customers can contact the TRA by telephone on 17520000 or by mail at P.O. Box 10353, Kingdom of Bahrain

18. Force Majeur

Kalaam will not be responsible for its failure to perform all or any of its duties arising under these Terms & Conditions where any event beyond its reasonable control occurs. Such events include but are not limited to acts of God, fire, acts of terrorism, war, civil commotion, embargo, labor dispute, and prevention from obtaining raw materials, power failure, acts of government or state or failure of third party telecommunications systems which impact upon Kalaam's ability to provide the Services.

19. General Provisions to Terms and Conditions

19.1 These Terms & Conditions together with all documents which are referred to in the Terms & Conditions represent the entire agreement between Kalaam and the Customer and they supersede all prior agreements between the parties.
19.2 Failure by Kalaam to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver.
19.3 The laws of the Kingdom of Bahrain apply to these Terms & Conditions. Both parties shall submit to the jurisdiction of the Kingdom of Bahrain courts of law.
19.4 If any part of these Terms & Conditions becomes to any extent illegal, invalid or unenforceable, it shall to that extent be deemed to no longer form part of these Terms & Conditions. This will not affect the legality, validity or enforceability of any of the remaining Terms & Conditions which shall continue in force.

20. Definitions of Terms in this Agreement:

• “Proposal” means the signed service proposal received from the customer.
• “Agreement” means the contract between Kalaam (Kalaam Telecom Bahrain B.S.C., Office 602, 6th Floor, Almoayyed Tower, Seef District, P.O. Box 21421, Kingdom of Bahrain) and the Customer for the provision of Services as listed in the Subscription Form. The Agreement constitutes of all enclosed leaflets, or appendices for these mentioned Services, together with these Terms and Conditions.
• “Pre-Selected Operator” means Kalaam’s offered service that allows Customers to preselect Kalaam’s services to enable them to use Kalaam’s network for their International calls.
• “Subscription Form” refers to the Kalaam Telecom’s Services Subscription Form for Customers requesting a service and which has been duly signed by the Customer.
• “Customer” means the Kalaam customer identified in the Subscription Form and who forms the other party of this Agreement.
• “General Terms” means the standard terms and conditions set forth in this document.
• “Service” means the service(s), specified in the Subscription Form to be provided by Kalaam to the Customer pursuant to this Agreement.
• “Service Activation days” means the period it would take to activate the service which will be mentioned in the Proposal for Broadband service.
  The expected activation date is within 5 working days, subject to the availability of the ADSL service in your area of business and an active telephone line in working condition. For other services activation of the Service may take up to 2 weeks, depending on the service start-up requirements.
• “Service Equipment” means the equipment (including any software) provided to the Customer by Kalaam for the provision of the subscribed Service.
• “Specific Terms” means the terms and conditions mentioned in the Proposal, if any, that is signed by the Customer.
• “Customer Equipment” means the equipment (including any software) provided to Kalaam by Customer for the provision of the subscribed Service.
• “Contract Term” means the period commencing on the Service activation date and ending on expiry of the period specified in the Subscription Form.
• “Bill” means a periodic statement of account issued by Kalaam to the Customer.
• “Charges” means sums payable to Kalaam Telecom by the Customer pursuant to this Agreement.
• “Intellectual Property Rights” means copyrights (including rights in computer software), patents, trade and service marks, trade and business names (including Internet domain names), design rights, database rights, semi-conductor topography rights, rights in undisclosed or confidential information (such as know-how, trade secrets and inventions (whether patentable or not)) and all other intellectual property or similar proprietary rights of whatever nature (whether registered or not and including orders to register or rights to apply for registration) which may now or in the future subsist anywhere in the universe.

All fees chargeable under this agreement are exclusive of VAT. The customer will be required to pay an additional standard rate of VAT on your services based on the local regulations in the country.
Our Code of Practice is available at the footer section of our website - www.kalaam-telecom.com