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Terms and Conditions
1. ACCEPTANCE OF
TERMS
Welcome! Thank you for choosing IDM ADSL Service as
your gateway to the Internet and enjoying the benefits of the IDM
Services. We know you're eager to begin using your Service, but before you do we
encourage you to familiarize yourself with these Terms & Conditions. This
material, including all information found in the registration process and
referred to here below, is the agreement that will apply to your use of the
Service. By enrolling in, using, or paying for the Service you confirm your
agreement to these Terms & Conditions as well as your acceptance of the changes
we make to the agreement. If at any time after you have read the Terms &
Conditions and all of its components you do not agree to be bound by it, you
should immediately exit registration, end your use of the Service, or cancel
your account. Thank you again for relying on IDM.
2. TERM
a. Your Cancellation of Services.
You may cancel the
Service at any time by filling-in a “Cancellation of ADSL Service” Request Form,
signing and submitting it at IDM’s Head Office, to the Customer Care Department
along with all cancellation and outstanding fees owing, one month in advance.
All cancellations will take effect at the end of the month.
b. Cancellation Fees.
All IDM ADSL Internet accounts
and services along with a Cancellation fee must be paid in full before
cancellation is complete. Any remaining fees incurred during the cancellation
period (such as for example extra bytes used) must be paid in full in order to
finalize the cancellation process and to obtain a Clearance Letter on the
account. Your account and monthly fees will remain active up until all
outstanding owing fees are settled. You acknowledge account responsibility until
payment is made in full.
c. Qualification Check:
To be eligible to receive the Services, the telephone line that you intend to
use must meet certain technical requirements (Qualifications). If technical
assessment of the phone line fails to achieve 64kbps and above, this contract
shall be considered null and void and a full refund shall be awarded to you. A
penalty will be deducted from the full refund if the modem box has been opened
or tampered with. Refunds are available at IDM Headquarters.
d. Account Activation:
At ADSL service activation, you commit to be present at your ADSL premises in
order to verify proper functioning of the voice service upon installation. If
you do not activate the ADSL account within 5 days after being informed of the
Qualification Check success, then the reserved ADSL port for you will be
released, and re-activating another port for you will cause further delays.
Failure to activate the ADSL service within 30 days of the Qualification Check
will result in the cancellation of the service, forfeit of your Setup Fee, and
you will be charged an additional Setup Fee again in order to re-activate the
service for you.
e. Fixed-Location Service:
You acknowledge that the ADSL Service is a fixed-location service. This means
that the Service may not be used through a different telephone line. If
detected, you will be charged a monthly subscription fee for each location where
the service is used.
f. Refund of Setup Fee:
If you decide to cancel the contract after paying the setup fee or if at the
time when IDM requests the Installation of the Service from the Incumbent
Operator (MOT), the request is rejected due to the case that the service for
this PSTN Telephone line has been reserved for another ISP, the contract shall
be considered null and void and the Setup Fee will not be refunded. The Setup
fee shall be refunded only in the case where the Qualification Check fails as
per section (2c).
3. IDM CUSTOMER CARE
a. Account Maintenance & Technical
Support: If you are a
subscriber and have any questions about your account or the use of the Service,
you may contact our Support Department by phone at 1282 or by sending an Email
to
adslsupport@idm.net.lb.
Physical Line related problems are beyond IDM
responsibility. Problem “start time” is the time you report the problem to IDM
Support. IDM may perform a sudden maintenance operation, if needed, to ensure
best performance towards the ADSL users.
b. Email Opt
Out: Members who
do not wish to receive future marketing information from IDM by e-mail may
remove themselves from the marketing information mailing list by submitting
their e-mail I.D. at
adslsupport@idm.net.lb
with a “Request for Marketing Email Opt Out”
Subject. IDM reserves the right to contact members with other important and
general notices when necessary.
4. IDM’S ONLINE PRIVACY
POLICY
As an IDM ADSL Service
Subscriber, you give us information about yourself that we use to conduct our
daily business with you. With IDM’s Online Privacy Policy we want to assure our
subscribers that we keep such customer-identifiable information as confidential
as possible. To view IDM’s Online Privacy Policy, go to
http://www.idm.net.lb/privacy.
5. ELIGIBILITY FOR ADSL
AND INFORMATION ON ACCOUNT PASSWORDS
a. Eligibility:
To become a subscriber to the IDM ADSL Service you have to be at least eighteen
years old. You must register using your own name. You should own a PSTN
Telephone Line at the premises where ADSL shall be used. If you use a credit
card for payment, you must provide a credit card account number which is issued
in your name or which you are authorized to use. A Qualification Check as per
section (2c) will be performed on your telephone line to check eligibility for
the service. The Eligibility tests performed will have a validity of 6 months.
b. Login name
and E-mail address:
During registration, we will ask you to choose your ADSL email address. You will
receive your ADSL Login name along with the relevant passwords for your login
name and e-mail account prior to installation. You are solely responsible for
all use of your account and for the security of your password and any security
lock code that you use to protect access to your data, your file name(s) and
files, network and user access, and any other information you disseminate
through use of the Service or through other Internet Services. Therefore, you
should secure your computer equipment so that only authorized users can gain
access to your Service account. You agree to (a) immediately notify IDM of any
unauthorized use of your password or account or any other breach of security and
(b) ensure that you exit from your account at the end of each session. For
security reasons, IDM strongly recommends to its subscribers after activating
their IDM account to change the login and e-mail passwords.
c. E-mail
policy: As an IDM ADSL
service subscriber, you will benefit from an e-mail account. To view IDM’s
Online E-mail Policy, go to
http://www.idm.net.lb/e-mailpolicy
6. BILLING AND PAYMENT
a.
Commencement of Billing:
The effective start date for Billing is the date when your ADSL Service has been
activated.
b. Agreement
to Pay: You agree
to pay us for all charges related to your account (including, but not limited
to, any Handling Fees, Installation Fee, No Show Fee, Activation Fee,
Reactivation Fee, Pro-Rata Fee, Change of Plan Fee, Repair and Maintenance Fees,
additional download/upload fees beyond the standard download/upload bytes
offered with the Service, Cancellation fee and all applicable taxes in
accordance with this Agreement at the prices and charges provided to you when
you subscribed, which may change as set forth in section (6f) of this Agreement.
IDM shall have the right to terminate your account for failure to pay your bill
in a timely manner. In the event where the account has been terminated, an
additional current setup-fee will be required to be paid by you to re-activate
the service. In addition, IDM shall have the right to use alternate means to
collect unpaid charges to your account in the event of non-payment. All payments
shall be due in advance of receiving services.
c. Optional
Installation Charge:
If you request IDM to perform the installation, you must pay an Installation
Charge in the amount specified by IDM at the time you subscribe in the Services,
or when you request a transfer of the Services. In the event that IDM’s
installation team is ready to install at the subscriber’s premises and the
subscriber is not present at the scheduled appointment, an additional visit fee
will be applied for a second visit to complete the installation.
d. Payment
Methods: The
monthly payment is due at the beginning of each billing cycle. The monthly
subscription bill will be delivered to you by email on a monthly basis in the
first week of each month. You authorize IDM to charge any amounts payable by you
in connection with your use of the Services automatically by Credit Card or
Automatic Bank withdrawal on your IDM ADSL Service bill (including but not
limited to, as applicable, any Extra Bytes usage Fees, Termination Fees,
Installation Charges, and No-Show Charges). An additional $1 processing fee will
be automatically charged to your account for either Credit Card or Bank
Withdrawal option. All payments shall be made pursuant to the terms of the
pricing and other information relating to the Service, which is available during
the registration process, or on the IDM ADSL website and incorporated by
reference in this Agreement, including the provisions of the billing option you
selected. You authorize IDM to charge any amounts payable by you in connection
with your use of the Service automatically to the Credit Card or Bank
Domiciliation Account you provided in the registration process or thereafter,
subject to the terms and conditions of the agreement between you and your Credit
Card or Bank Domiciliation Account issuer. It is your responsibility to
update the credit card information or bank account information that you use to
pay for the Service. If you do not update your credit card information or
your Bank account information, IDM may suspend your use of the Service at IDM’s
option.
e. Payment Due:
Payment of all IDM ADSL Service charges is due during the first week of each
month. If the account balance is unpaid by the due date you have to settle all
payments within the current month in order not to cause any interruption of the
service otherwise we may suspend, restrict or cancel the Services and this
agreement under Section 11 of this Agreement. Cancellation of the Service will
result if the Subscriber refrains from payment within the current month of the
date of invoice, and the contract and cancellation fee will be forwarded to our
collection department for collection, and will result in extra charges and legal
repercussions. If the Service is cancelled due to such cause, a reconnection
charge equal to the setup fee (as per the time of reconnection) is required to
re-activate the service. Acceptance of late or partial payments (even if marked
"Paid in Full" or with other restrictions) shall not waive any of our rights to
collect the full amount of your charges for the Service. Notice of any disputes
must be in writing and received by us within 30 days after you received your
bill or you will waive any objection. You agree to reimburse us for reasonable
attorneys' fees and any other costs associated with collecting delinquent or
dishonored payments. If charges cannot be processed through your credit card, or
if your bank domiciliation account is returned for insufficient funds, an
additional fee will be applicable.
f. Price Changes.
IDM Reserves the right to change or amend the prices and charges for the
services. Any increase in fees will be communicated to you either via email or
via online posting on IDM’s website
http://www.idm.net.lb,
and will take effect after one billing cycle has lapsed.
g. Monthly
recurring charges are not prorated:
Partial credit is not given to customers who change their price plan to another
price plan, disconnect, cancel or are suspended from the service during a
billing month.
7. EQUIPMENT AND
SOFTWARE
a. Required
Equipment and Software:
You understand and agree that IDM ADSL Service requires you to
have a personal computer that you own, or otherwise have a right to use in
connection with IDM ADSL Service. Your computer must meet the requirements
necessary to operate IDM ADSL Service based on criteria that IDM specifies. You
will receive from IDM certain equipment for connectivity to IDM ADSL Service,
including, but not limited to, a modem/router and splitter, (collectively, the
"Equipment"). We may provide files in a CD-ROM that must be installed on your
computer for you to receive the Service. These files, which may include
third-party software, are referred to collectively as the "Software."
b. Access to
Your Premises: If
you have elected to have us install your Equipment and the Software for IDM ADSL
Service, you authorize us and our employees, agents, contractors, and
representatives to enter your premises ("Premises") in order to install,
maintain, inspect, repair, or remove the Equipment and/or Software. All such
services will be conducted at a time mutually agreed to, by you and us. By
scheduling an installation appointment, you represent to us that you have the
right to and do authorize us to enter the Premises. If you do not own the
Premises, at our request you will provide us with the owner's name and address,
evidence that you are authorized to grant access to the Premises on the owner's
behalf, or (if needed) written consent from the owner of the Premises. You
authorize us to work with MOT to provision the Service to the telephone number
indicated on your order.
c. File
Modification / Backup Requirements:
The Qualifications of your computer’s operating system, as well as the
installation (whether self-installed or IDM-installed) use, inspection,
maintenance, repair, or removal of the Equipment and Software, may result in an
inadvertent service outage or reconfiguration of the software on your computer,
or temporary interruption of your telephone service. In addition, as part of the
installation process, system files on your computer may be modified or deleted.
IDM does not represent or warrant that such modifications or deletions will not
disrupt the normal operations of your computer. You acknowledge and agree that
you are solely responsible for backing up all existing computer files by copying
them to another storage medium prior to the installation of your Equipment and
the Software, and prior to any inspection, maintenance, repair, or removal of
your Equipment and the Software. IDM does not represent or warrant that
installation by you or a third party chosen by you, will enable you to
successfully access or use the services, nor that any such installation will not
cause damage or modifications to, or loss of, any of your software, hardware,
files, data, or peripherals. IDM and our employees, agents, contractors, and
representatives will have no liability whatsoever for any damages or service
problems (including telephone service) resulting from your, or a third party's,
failure to properly install, access, or use the equipment, software, or
services.
d. IDM's
Installation of the Software and Your Equipment:
We shall have no liability whatsoever for any damage, loss, or destruction to
all or a portion of your hardware during our installation of your equipment and
the software. IDM and our employees, agents, contractors, and representatives
will have no liability whatsoever for any damage to, loss, or destruction of any
software, files, or data, regardless of the cause of such damage, loss, or
destruction.
e. Speed of
Service: The
actual speed of the Services experienced by you may vary and depend on a number
of factors, such as the location of your residence, the amount of traffic on the
Internet, the ability of your computer to process data, environmental factors,
and other factors beyond the control of IDM. No minimum level of speed is
guaranteed.
8. USE OF THE SERVICES
a. Multiple
Users: You
acknowledge that you are agreeing to the terms of this Agreement on behalf of
anyone who uses any Services through your IDM ADSL Account and are solely
responsible and liable for any violations of this Agreement, whether by you or
by any other user of the Services through this account. You have sole
responsibility for ensuring that anyone who uses the Services through your IDM
ADSL account understands and complies with these terms.
9. OUR RIGHTS AND THE
RIGHTS OF OTHERS
IDM enables you to
contribute to and gain from a wealth of materials, some owned by IDM, others
owned by third parties. In order to preserve everyone's rights, you must: (1)
print and download material from the Service for your own, non-commercial
purposes only; (2) limit the number of copies you make of Service-related
materials; (3) not alter any aspect of the Service; (4) comply with the terms
and conditions of third parties who provide you with materials. IDM Reserves the
right to refuse service to anyone for any reason.
10. Abuse Policy
To maintain an
informative and valuable service, IDM has established an Abuse Policy. While it
is not our intent to control your online communication or monitor its content,
we may edit or remove content that we become aware of and determine to be
harmful, offensive or otherwise in violation of the terms in the Abuse Policy
and such violation may also result in the termination or suspension of your
account. These terms apply to all content provided to or through the Service,
including e-mail messages, newsgroup postings, chat, and personal web pages. By
signing to this Agreement you confirm that you have read, understood and agree
to IDM’s Abuse Policy which can be found and downloaded from IDM’s website on
the following link:
http://www.idm.net.lb/abusepolicy
11. SUSPENSION OR
CANCELLATION OF THE SERVICES
IDM Cancellation for Violation of
the Agreement: We
may immediately suspend, restrict, or cancel the Services and this Agreement,
should you violate any of the terms of this Agreement. In addition to our
cancellation rights, we may cancel the Services and this Agreement for any other
reason by providing you with written notice (by e-mail or by Courier) of such
cancellation prior to the date of cancellation. In such case any fees and
charges will accrue through the date that IDM fully processes the suspension,
restriction, or cancellation. You must pay all outstanding charges for the
suspended, canceled, or restricted Services, including the payment of any bills
that remain due after the date of suspension, restriction, or cancellation under
this Section (11). Subject to Section 15 of this Agreement, you must reimburse
us for any reasonable costs we incur, including attorneys' fees, to collect
charges owed to us.
12. INDEMNIFICATION
You agree that we are not responsible for any
third-party claims against us that arise from your use, or anyone else's use, of
the services. Further, you agree to reimburse us for all costs and expenses
related to the defense of any such claims, including attorneys' fees. This
provision will continue to apply after the agreement ends.
13. LIMITATIONS OF
LIABILITY
You assume total responsibility and risk for your
use of the service and of your account. IDM or any third parties who contribute
to the service are not liable for any loss, damage or cost (including
consequential damages), or anyone else using your account, might incur due to
your use or inability to use the service. For all claims, we and any third
parties who contribute to the service will not be liable for punitive, reliance,
or special damages, or for indirect or consequential damages, including but not
limited to, lost profits or revenue, or increased costs of operation. These
limitations apply even if the damages were foreseeable or we or any third
parties who contribute to the service were told they were possible, and they
apply to
any negligence claim, no matter how that claim is styled
or on
what legal grounds (such as contract, tort, statute, fraud, misrepresentation)
it is based.
14. LIMITED WARRANTY
The equipment, software, and services are provided
by IDM or any third parties who contribute to the service on an "as is, as
available" basis without warranty of any kind. IDM and any third parties who
contribute to the service do not warrant uninterrupted or error-free use or
operation of the equipment or services, or that defects will be corrected. IDM
and any third parties who contribute to the service do not warrant that any data
or files sent by or to you will be transmitted in uncorrupted form, error free,
or within a reasonable period of time. Except as this Agreement expressly
states, we make no express warranty regarding the equipment, software, and
services, and disclaim any implied warranty, either in fact or by operation of
law, statute, or otherwise, including any warranties of title, no infringement,
merchantability, fitness for a particular purpose, or compliance with particular
standards. IDM and third parties who contribute to the service make no
representations, or endorsements regarding the service, the software, the
equipment or any third party material available through the service. We do not
authorize anyone, including, but not limited to, IDM employees, agents,
contractors, or representatives, to make a warranty of any kind on our behalf,
and you should not rely on any such statement. You agree to defend, indemnify,
and hold harmless IDM and third parties who contribute to the service from any
loss, damage, or cost (including attorneys' fees) resulting from your violation
of this Agreement or any activity related to your account. Certain Equipment or
Software may be subject to third-party warranties, which we may pass on to you.
At our sole discretion, we may replace defective Equipment and materials on
behalf of the third-party manufacturer, provided that you follow all applicable
Equipment return procedures.
15. MISCELLANEOUS
a. No Third-Party Rights.
This Agreement does not provide any third party with a remedy, claim, or right
of reimbursement.
b. Acts Beyond Our Control.
Neither you nor we will be responsible to the other for any delay, failure in
performance, loss, or damage due to fire, explosion, power blackout, earthquake,
volcanic action, flood, the weather elements, strike, embargo, labor disputes,
civil or military authority, war, acts of God, acts or omissions of carriers or
suppliers, acts of regulatory or governmental agencies, or other causes beyond
our reasonable control, except that you must pay for any Services used.
c. Assignment.
We can assign all or part of our rights or duties under this Agreement without
notifying you. If we do that, we have no further obligations to you. You may not
assign this Agreement or the Services without our prior written consent.
d. Separability
If any part of this Agreement is found invalid the rest of the Agreement will
remain valid and enforceable.
16. CHANGES TO THIS
AGREEMENT
This Agreement may only be changed in the manner provided
for in this Section 16. We may change this Agreement from time to time. With
respect to price changes, we will provide notice as described in Section (6f)
With respect to other changes to the Agreement; we will notify you in advance of
the changes by e-mail or by posting the changes on our Website at
http://www.idm.net.lb.
If you continue to be enrolled in, use, or pay for the services after any
changes in the prices, charges, terms, or conditions, you agree to those
changes.
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