SOF

1. The above rates are excluding of all taxes.
2. Minimum contract/lease term duration will be 12 months. The contract will automatically renew for a further 12 months (at the end of the initial contract period/lease term) unless a written notice of termination is received by BTS at least 30 days prior to completion of lease. This SOF will become part of the final contract.
3. First payment (one month MRC+OTC) are due in advance immediately upon confirmation of order.
4. Service will be activated within 2-4 weeks of receipt of advance payment and signed SOF.
5. Monthly payment to be made as per payment terms stated on the SOF. Late payment charges @ 5% per month will be levied on late receipts.
6. Bandwidth can be upgraded at one-day notice after receipt of signed upgrade SOF.
7. For any downgrade in bandwidth at least 30 days’ advance written notice is required after receipt of signed downgrade SOF.
8. In case of service suspension request, BTS will require 30 days’ advance written notice unless signed contract calls for different terms.
9. All payments will be made in PKR either by cross cheque, IBFT or bank draft in favor of Burak Tech Services Private Limited.
10. OTC stands for One Time Charges and MRC stands for Monthly Recurring Charges.
11. The OTC is non-refundable. In the event where the agreement/SOF is terminated prior to installation, the Customer waives all rights to claim any refund/reimbursement for the OTC.

This order must be strictly executed in agreement with the terms and conditions mentioned above.

1. The rates of the Services under this Service Order Form (“SOF”) as offered to the Customer by Burak Tech Services Private Limited (the “Company”) shall be exclusive of taxes, duties, charges and levies which shall be applicable in accordance with the provisions of the Federal and Provincial laws, as the case may be. The Customer agrees to provide a National Tax Number (“NTN”) to the Company for taxation purposes and further agrees to duly and timely submit the applicable/relevant taxes to the Government of Pakistan (Federal or Provincial Government) as per prevailing rules and regulations.

 

2. The Services under this SOF shall come into force from the date of link activation (the “Commencement Date”) with rates and capacity mutually agreed to be

used for existing POIs or new POIs (wherever feasible). The duration of the Services under this SOF shall be One (01) Year from the date of link upgradation

(hereinafter referred to as “Service Lock-In Period”). The Services shall thereafter automatically be renewed for a subsequent term of One (01) Year at the end of each Service period (the “Additional Term”) unless a written notice of termination of Services is received by the Company not later than thirty (30) days’ prior to completion of the Service Lock-In Period or any of the Additional Terms.

 

3. In the event of any change in the laws, regulations or Policies with respect to data or voice services issued by Pakistan Telecommunication Authority (the “Authority”), the Company shall implement the said changes and vary the terms and conditions of the Services under this SOF in accordance with the statutory timelines of the Authority and without any liabilities, as practicably possible, to the Customer. The Company shall endeavor to notify the Customer of any such variations in writing.
4. All payments due for the Services under this SOF shall be made in Pakistani Rupees in the favour of Burak Tech Services Private Limited.
5. The Company will bill the Customer for the Services immediately and forthwith from the Commencement Date. Invoices shall be issued to the Customer in advance. All payments are to be made by the Customer within and not later than the agreed payment terms of the invoice issuance date. If the Customer defaults in the payment terms, the Customer will be required to pay to the Company, late payment charges from the payment due date to the date of payment at the monthly rate of 5% of the invoice amount. In case of failure, delay or partial payment by the Customer, and without prejudice to rights it may have under law, the Company has the right to downgrade or suspend the Services.
6. The Customer agrees that the Company’s liability is limited to the Service Level Agreement (“SLA”) for the Services and it will not be liable for any indirect, incidental, special, or consequential, exemplary or punitive loss or damage (including but not limited to, damages for lost profits, lost revenues, loss of goodwill, loss of data, loss of anticipated savings, loss of customers, interference with business or cost of purchasing replacement services) arising out of the performance or failure to perform the Services under this SOF, whether or not caused by the acts or omissions or negligence of their employees or agents, regardless of the foreseeability thereof and regardless of whether they has been informed of the possibility or likelihood of such damages. Customer shall be responsible for the upkeep and maintenance of the Equipment provided by BTS. In case of any damage to the Equipment, the Customer shall be liable to pay for a replacement.
7. Burak Tech Services Private Limited will have the right to immediately suspend provision of service in case origination of illegal, grey traffic is suspected, noted or reported by the Company, Pakistan Telecommunications Authority or Law Enforcement Agencies. The restoration of service will be the sole prerogative of the Company and incase no satisfactory explanation from the Customer, the Company will have the right to immediately terminate the agreement without any notice.
8. Customer will be solely responsible for any illegal IP traffic or malicious activities originating from its network and will bear any commercial impact arising from such activities. Customer will face any regulatory or legal impact of any such activities. The Company will be responsible to ensure and to comply with all relevant legal requirements and any other guidelines, recommendations, regulations issued by PTA from time to time and Government law.
9. The Customer can shift bandwidth between different POPs (point of presence) available on BTS network. In case there is any additional cost involved due to bandwidth shifting, BTS may sign a new SOF (if required).
10. This SOF shall be construed and enforced in accordance with the laws of the Islamic Republic of Pakistan and the courts situated at Islamabad shall have exclusive jurisdiction to hear all matters arising out of this SOF.
11. By signing this SOF, the Customer acknowledges and agrees that upon acceptance of this SOF, the terms and conditions mentioned herein will constitute a valid and a binding agreement between the Company and the Customer