This document consider to be  the terms and conditions of  the service subscription Agreement between Gulfnet Intl. Co. –KEMS (W.L.L.) – KEMS hereby  (hereinafter referred to as “The first Party) and the subscriber (hereinafter referred to as Second Party)  per the following clauses:-

1. The second party shall subscribe to the first party services per the terms, conditions, and the prices stated in the KEMS Service table (Appendix no 1)  and mentioned in the Services invoice (Appendix no 2) attached to this Agreement for a period of ……… committed for both parties began on the date of provide the subscribe services to the second party.

The second party agree and acknowledge that this Agreement is committed and the second party cannot terminate the Agreement before the end of the committed period except In the case if the termination were due to technical failure that the first party were notified with and could not remedy the failure or Find a replacement for it. And in case the second party wish to terminate this Agreement before the end of the committed period then the second party shall  give  the first Party prior written notice of not less than thirty 30 days in advance and The second party shall be obligated to pay the rest amount of the agreement As contractual compensation.in addition, the second party shall pay the full price of all the devices provided by the first party per the prices and specifications of which are shown in the appendices of this agreement.

The first party may terminate this Agreement at any time in the case if the second party breach any teams and conditions stated in the Agreement, or if the Kuwaiti competent authorities issue any instructions to suspense or disconnect the service, by giving the second party a written or electronic notice sent on Correspondence details stated in Clause 22.

2. The second party acknowledges and agrees that this Agreement includes a services package of service and devices provided by a third party per the terms, conditions, and the prices stated In the specifications of the other services table (Appendix no 1) and mentioned in the Services invoice (Appendix no 2) attached to this Agreement and for the same period of this Agreement.

And if those services or devices are provided by a third party, then the second party agrees that the maintenance of any of such devices and services provided by a third party will be during the warranty period stated in the specifications of the other services table (Appendix no 1). 

Also, The second party shall pay the price of any of the equipment for the service package according to the installments mentioned in the services table, and in the event of a breach of any of these installments or in the event of terminating the agreement before paying the full price of such devices, then the second party shall pay the full remaining price for those devices in one payment without any installments.

3. The Second Party agrees to use this service for the designated purpose and according with the Kuwaiti laws. And the second party shall not connect the service to local networks, International Networks, commercial use, reselling the service with or without charges or distributing it among residential buildings or flats in such cases the Second Party shall liable to compensate for any fines, penalty or any legal action taken against the First Party or any third party without any responsibility on the first party.

4. The Second Party shall not miss using the service and agrees that the services will not be used for hacking or illegal/unauthorized access to other IT equipment. Also, the Second Party agrees that no applications should be utilized on his personal IT equipment which may affect the service performance and installation in general. And if the second party breach this clause then the second party shall take full responsibility without any responsibility on the first party.

5. The second party acknowledges and agrees that the responsibility of the first party for the service of this Agreement ends at the point of connecting the service to the service main device (router). The first party is not responsible for the internal connection of the service or the internal network of the second party.

6. The Second Party agrees not to use the service for Voice Over IP (VOIP). In case of violation of this clause by the Second Party, then the Second Party shall face consequences which includes immediate disconnection of provided services, prosecution under Kuwaiti Penal laws and any procedures issued by the Kuwaiti Government Institutions. 

7. The second party shall preserve the copyright and intellectual property rights subject to the laws of the State of Kuwait, and the second party shall not exploit the agreement services or devices or the network of the first party to breach or violate those rights.

8. Both parties shall comply with any decisions issued by the Public Authority for Communications and Information Technology in the State of Kuwait and any existing or future laws that may be issued regarding the regulation of communication services in the State of Kuwait.

9. The second party acknowledges and agrees that the service is subject to interruption and suspension for external reasons beyond the control of the first party. The first party will not be responsible if the disruption of the service is due to reasons beyond the control of the first party, such as power outages or cable breaks through the Ministry of Communications and other cases of force majeure.

10. Payment: payment method: The second party shall pay the subscription fee for the services of this agreement, devices, and installation in advance to the first party, by agreeing to sign one of the following methods: –

1. Payment of all services, equipment, and installation fees in advance to the first party.

Signature: …………………………………..

 2. Paying the amounts due by pre-monthly deduction from the licensed account of the second party with the bank, including bank fees.

…………………………………

 3. Pay the monthly installment in advance through the online website (https://t.kems.net).

…………………………………..

 Pay the monthly installment in advance through the e

But in the case of options (2), or (3), the second party must sign an undertaking issued in favor of the first party, per the company’s policy.

In the event that the second party fails to pay any of the service fees or any of the bills due or any of the expenses and subscriptions, then the first party shall have the right to suspend the service until the second party pays the full due subscription fee. And if the second party did not pay the subscription charges for more than 20 days from the date of subscription due, then the first party shall have the right to terminate this agreement and the second party shall pay the due subscriptions and pay the termination fess as an agreement compensation.

11. The Parties shall responsible to pay any taxes or duties imposed by the authorities of the State of Kuwait.

12. The second party acknowledges and agrees on the prices of the service mentioned in the attached invoice, and that in the event that the second party wants to install wires to connect the service from the first party, the first party will install the wires at the cost state in the invoice for a distance of only 20 meters, and the second shall pay any fees or installation expenses Others in advance, which include, for example, extending the wires by more than 20 meters at a price of 750 Kuwaiti fils per additional meter, or any devices to connect services.

13. All Purchased equipment’s by Second Party from the First party. Second Party can return purchased devices within 14 days of purchase. (Devices must be sealed, unused and in a perfectly saleable condition with all accessories). All TP-Link devices shall have one-year manufacturing warranty. The warranty shall not cover the accessories i.e. power adaptor or misusage.

And in case the second party wishes to replace any of the devices provided by the first party due to unfixable technical failure, the first party shall have the right to replace this device with any device that the first party sees suitable for connecting the service.

14. In case of facing an issue with the service, customer has to contact helpdesk 1822822 for full troubleshooting before requesting for the site visit as it will be free of charge in case of the problem from the first party side, otherwise, there will be a 5 KD charge as a site visit service.

15. Upon the installation of this Agreement services, the first party shall issue the service acceptance letter and send it to the second party to test the service and confirm it in the period of a week from the date of receiving the letter and if this period end without the written confirmation of the second party, then the silence of the second party shall be considered as acceptance of the service.

The second party also acknowledges paying the technician’s visit fee for the implantation of the service, which is the amount of only 5 Kuwaiti dinars, to be paid in advance, and it is not refundable in any way.

In case of cancellation, of the service before the end of the service period, the Second Party shall bring the original invoice to cancel the service and the second party shall pay the full termination fees…… and the service will be fully cancelled within 15 working days. In case of requesting to remove all network stuff urgently, it will be removed within 3 working days and shall cost 10 KD to be paid by the Second Party. To shift the service from line to line, the charges will be 10 KD. And for new subscription there will be a 5 KD non-refundable charge.

16. The Second Party must change service password within 24 hours of provision of service via http://www.kems.net.

17. The Second Party agrees to follow any terms or conditions to be set by the First Party in the future. The new offers cannot be used in conjunction with existing offers.

18. In case the telephone line of the Second Party is unable to handle the required speed, the First Party has the right to change the service speed to suit the Second Party’s phone line quality And the difference in the subscription amount resulting from the change of speed shall be added as a subscription amount proportional to the additional period which this Agreement extend to.

19. Any hardware or equipment’s required to be provided by a third party for the provision of the service  and not stated in the provide services to the second party   shall be the sole responsibility of the Second Party.

20. The First Party shall award loyalty points to its customers (Second Party) for each yearly subscription to the services provided by the First Party, as it will be mentioned in accordance with the First Party’s company policy which shall be modified from time to time.

21. This agreement is made in the State of Kuwait and shall be governed from all aspects by the laws and regulations applicable in the State of Kuwait

22. The second party acknowledges the eligibility of the first party to resort to the Court to issue a performance order against the second party according to the provisions no 168,167,166 of the Civil Procedure law and commercial law in the event if the second party fail to pay any due payments by this agreement.

23. The second party acknowledges that the data stated below is the basic contact information to notify the second party  in writing or electronically or by SMS with any legal or illegal correspondence:

Mobile Phone Number:

Email:

Title:

24. This Agreement is made and signed in two original transcripts and one original shall be given to each party to act accordingly.

25. Arabic language is the approved language in interpretation and implementation of this Agreement. Should any conflict arise between the Arabic and the English text, the Arabic text would be considered as binding.