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These terms and conditions for provision of Services by Focus Infocom Pvt. Ltd.

  • These terms and conditions apply to the contract of services between customers and Infocom Pvt. Ltd. for the provision of services.
  • An application form must be filled by the customer requesting for any service including cancellation of an existing service.
  • The application form must be completed filling out all information requested and supporting documents must be provided where applicable. A bill or receipt of cable service issued by the cable service provider must be attached, where a customer with existing cable services is applying for the services along with a copy of the ID card and payment for the service. For connections taken by business organisations, a copy of company registration must be attached. For government Authorities, an official letter from the Authority should be attached with the application form.
  • If customer wishes to use a cable that is registered in the name of another person, a no objection letter provided by the registered owner of the cable must be submitted with the application.
  • If a service applied for cannot be activated, Focus Infocom Pvt. Ltd. will notify the customer as soon as possible and any charges levied will be refunded to the customer or where appropriate Focus Infocom Pvt. Ltd. may propose an alternative service (e.g. a lower bandwidth connection).  If the customer decides to accept the alternative service, the customer will need to confirm that in writing within 5 working days. Where the customer chooses to cancel the application instead of accepting an alternative service, after a new cable has been laid, the customer has to bear the cost of the cable even if he chooses to cancel the application.  
  • Focus Infocom Pvt. Ltd. will use all reasonable endeavours to provide the Service within 15 working Days from the date of acceptance of customer application form by Focus Infocom Pvt. Ltd.  In the event of delay, Focus Infocom will inform the customer reason(s) for the delay and will provide an alternative connection subject to availability.
  • If Focus Infocom Pvt. Ltd. is unable to activate the Service due to an act or omission by the customer, Focus Infocom Pvt. Ltd. reserves the right to reject the application.
Provision of the Service
  • Focus Infocom Pvt. Ltd. will provide the Service using reasonable skill and care of trained and competent engineers/ technicians.
  • Focus Infocom Pvt. Ltd. may from time to time make changes to its Network or the technical specification of a Service. In the event, these changes will detrimentally affect the Service; Focus Infocom Pvt. Ltd. will inform customers in advance.
  • It is technically impracticable for Focus Infocom Pvt. Ltd. to provide a fault free Service and Focus Infocom Pvt. Ltd. does not warrant or undertake to do so. 
  • Focus Infocom shall not be liable for or does not warrant to or undertake support related to customers’ personal computer (PC) and or Local Area Network (LAN) used by customer to access the Internet service(s) provided by Focus Infocom Pvt. Ltd.
Service Commencement and Billing Period
  • Following activation, the Service shall continue to be provided as per the product description and as confirmed in customer application form. 
  • Once activated the minimum period of service shall be 1 Calendar month (a “Bill Period”), unless the service is provided under a separate agreement entered between Focus Infocom Pvt. Ltd. and the customer.
  • Focus Infocom Pvt. Ltd. will generate the bill applicable to the service on the 20th of every month.
  • Cancellation of service will take effect only at the end of the Bill Period. If a customer wishes to cancel the service for any reason during a “Bill Period” Focus Infocom Pvt. Ltd will NOT refund usage charges for the remainder of the Bill Period.  After the Bill Period, the customer may cancel the Service. A Cancellation request must be submitted to Focus Infocom Pvt. Ltd. in writing before 12:00hrs of the 15th of the month for such notice to take effect in the subsequent billing period.
  • A Customer may suspend service temporarily by paying one month fee as a deposit. This deposit will be debited to the customer’s account upon reconnection of service as payment for usage of the bill period in which the service is reconnected. Temporary suspension of service will be accepted only provided the temporary suspension request is for a maximum of 3 Months.
  • Focus Infocom Pvt. Ltd. reserves the right to levy a reconnection fee for reconnection requests made by customers who do not have a standing request for temporary suspension of service.
Charges and Terms for Payment
  • All charges applicable to the service are in accordance with the tariffs for ROL services published by Focus Infocom Pvt. Ltd. Focus Infocom Pvt. Ltd. reserves the right to change all tariffs without prior notice.
  • All charges applicable to the service are payable in advance and payment must be made to Focus Infocom Pvt. Ltd. on or before close of business of the 5th day of the month.
  • Focus Infocom Pvt. Ltd. only accepts payment in cash or cheque guaranteed by a commercial bank operating in the Maldives. Focus Infocom Pvt. Ltd. reserves the right to reject payments made by cheque based on its own evaluation of credit worthiness of a customer.
  • Customers agree that on or after the date of activation of the Service, Focus Infocom Pvt. Ltd. will bill for the usage charges applicable for every calendar month. Customers further agree that thereafter, the Recurring Charges for the Service(s) shall accrue monthly and Focus Infocom Pvt. Ltd. will bill the customer in advance on a monthly basis. 
  • All amounts due under this Agreement to be paid by the customer to Focus Infocom Pvt. Ltd. shall be paid in full (without any deduction) and the customer shall not be entitled to assert any credit, set-off or counterclaim against Focus Infocom Pvt. Ltd. in order to justify withholding payment of any such amount in whole or in part.
  • If the customer is at any time in violation of his obligations to make payment(s) to Focus Infocom Pvt. Ltd. and remains in violation after notice, in wiring or through means of any other communication medium, by Focus Infocom Pvt. Ltd., then Focus Infocom Pvt. Ltd. reserves the right to suspend the provision of services and the performance of its associated obligations forthwith without prejudice to Focus Infocom Pvt. Ltd.’s rights under the contract for the service.  Notwithstanding any other provision of this Agreement, Focus Infocom Pvt. Ltd. shall not be liable to the customer for any loss or damages the customer may suffer as a consequence of such suspension.
Customer Premises Equipment (CPE)
  • The customer shall ensure that any CPE connected to the ROL network is connected to and used with the Service in accordance with the published instructions and any safety and security procedures notified/Supplied to the customer.
  • Payments made for CPE provided by Focus Infocom Pvt. Ltd. is not refundable. However where there is a problem with the CPE provided, the customer should inform Focus Infocom Pvt. Ltd. within 2 days of installation.
  • Unless the customer has purchased the CPE from Focus Infocom Pvt. Ltd. or one of it’s approved vendors, Focus Infocom Pvt. Ltd. makes no warranty that the Service will interoperate properly with the CPE. Focus Infocom Pvt. Ltd. also does not warrant or accept any liability for CPE or any other equipment purchased by the customer from any other suppliers including it’s approved vendors.
  • Equipment supplied by Focus Infocom Pvt. Ltd. is guaranteed provided only if the equipment has been used in accordance with the documentation provided with the equipment and for a period of 1 Year ONLY from the date of delivery. However, if the equipment has been subject to undue wear and tear, misuse, improper application, neglect or if the customer has attempted a repair without the Focus Infocom Pvt. Ltd.’s consent, this guarantee is nullified. In such an event, Focus Infocom Pvt. Ltd will repair or replace the equipment only if additional payment has been made specifically for the equipment. 
Use of Services
  • A customer shall not use the Service:
    • In connection with the carrying out of any fraudulent, criminal, or any other illegal activity;
    • To knowingly send, receive, upload, download or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing or in breach of copyright, confidence, privacy or any other intellectual property rights;
    • To cause annoyance or needless anxiety;
    • To send, provide or knowingly receive responses to any spam or unsolicited advertising or promotional material;
    • To knowingly or recklessly transmit any electronic material (including viruses) which shall cause or is likely to cause detriment or harm in any degree to computer systems owned by Focus Infocom Pvt. Ltd. or other Internet users;
    • In a manner which restricts or inhibits any other user from using or enjoying Focus Infocom Pvt. Ltd.’s products or services;
    • To utilise excessive amounts of bandwidth (for example by connecting for an excessive amount of time while repeatedly engaging site-local scripts or similar behaviour);
    • In breach of any reasonable instructions given by Focus Infocom Pvt. Ltd.;
  • Focus Infocom Pvt. Ltd. shall have the right to examine, from time to time, the use to which the customer put the Services and the nature of the data/information that the customer is transmitting or receiving via the Service where such examination is necessary: (i) to protect and/or safeguard the integrity, operation and functionality of the Focus Infocom Pvt. Ltd. (and neighbouring) networks; or (ii) to comply with police, judicial, regulatory or governmental orders, notices, directives or requests.
Services Suspension / Alteration
  • Focus Infocom Pvt. Ltd. may suspend the provision of the Service or any part thereof, and/or disconnect facilities from the ROL Network if and to the extent that:
    • Focus Infocom Pvt. Ltd. has reasonable grounds to believe that the Services are being used in breach of conditions for use of service.
    • Customer use of the Network may damage or disrupt the proper functioning of the Network; or temporarily, for operational or technical reasons.
    • Customer uses the connection provided by Focus Infocom Pvt. Ltd. to transmit excessive amount of data which may be classified as SPAM.
  • Focus Infocom Pvt. Ltd. Reserves the right to terminate or modify the Service, without any liability whatsoever, if any licence or authorisation which Focus Infocom Pvt. Ltd. is required to have in order to provide the Service is not received, withdrawn or otherwise cancelled.
Termination
  • Focus Infocom Pvt. Ltd. reserves the right to terminate this Agreement by notice in the following events and any notice so given shall take effect forthwith:
    • If the customer has not paid for the service following suspension;
    • If the customer has committed a material breach of the service agreement;
    • In case of business customers, if a petition is presented or any order is made or any notice is issued covering a meeting for the purpose of passing a resolution for bankruptcy or the business becomes bankrupt or enter into any deed of arrangement with their creditors generally.
  • The customer may terminate an application if the Service to be delivered under that application is not delivered within 25 business days, provided that such failure is not due to an act or omission on the part of the customer and such termination request is made to focus Infocom Pvt. Ltd. in writing prior to delivery of the Service.
  • The termination or expiry of this Agreement shall be without prejudice to the rights and liabilities of either parties accruing up to the date of termination.
Protection of Personal Information
  • Focus Infocom Pvt. Ltd. shall be entitled to store and process Personal Data provided by the customer on or together with the application form for its internal use and for the purposes of providing the Service.
  • The customer may request to change the personal information held by Focus Infocom Pvt. Ltd. at any time, by advising Focus Infocom Pvt. Ltd. in writing.  
  • From time to time Focus Infocom Pvt. Ltd. will contact or send to the personal address provided by the customer information about products or services of Focus Infocom Pvt. Ltd. If the customer does not wish to be contacted or provided with such information the customer shall inform the company in writing.
Lability and Indemnity
  • Focus Infocom Pvt. Ltd.’s maximum aggregate liability to the customer in contract, tort (including negligence or breach of statutory duty) or otherwise arising in connection with the service Agreement shall be limited to the aggregate amount paid by the customer to Focus Infocom Pvt. Ltd. pertaining to the disputed period.
  • Focus Infocom Pvt. Ltd. shall not in any event be liable to the customer in contract (including negligence) or for a breach of statutory duty or in any other way for any direct, indirect or consequential losses or for any loss of goodwill or reputation, loss of revenues, profits, contracts, business or anticipated savings.
General Terms
  • If any provision of this Agreement is held by a court, arbitrator or any governmental agency or authority to be invalid, void, or unenforceable, the remainder of this Agreement shall nevertheless remain legal, valid, and enforceable.
  • Focus Infocom Pvt. Ltd. shall not be liable for any delay or failure in performance of its obligations to the extent that such delay or failure is attributable to matters beyond its reasonable control.
  • Focus Infocom Pvt. Ltd. may assign the benefit or burden of this Agreement upon notice to customer.
  • Focus Infocom Pvt. Ltd.’s failure to exercise or enforce or any delay in exercising or enforcing any right or benefit conferred by this Agreement shall not be deemed to be a waiver of any such right or benefit nor operate so as to bar the exercise or enforcement thereof or of any other right or benefit on any later occasion.
Governing Law
  • This Agreement shall be governed and construed in accordance with Laws of the republic of Maldives, and the Parties irrevocably agree to the non-exclusive jurisdiction of the courts of the Maldives.
Customer's Right to Cancel
  • The customer may cancel an application/order within 7 (seven) working days after the date of application confirmation by Focus Infocom Pvt. Ltd. by sending either written notice of cancellation to Focus Infocom Pvt. Ltd. at the address given below, or calling Focus Infocom Pvt. Ltd. on 3323355 or emailing customerservices[at]focusinfocom.com.mv quoting the customers order reference number. Focus Infocom Pvt Ltd. will refund the customer any Charges made in relation to the application/Order minus any amount due to Focus Infocom Pvt. Ltd. in accordance with this Agreement. 
  • If the customer cancels the application/Order within seven working days after the date of Order confirmation by Focus Infocom Pvt. Ltd. but before the activation of the Services, the customer agrees that Focus Infocom Pvt. Ltd. reserves the right to charge the Activation Charges as laid out in the relevant Order.
Complaints and Fault Reporting
  • Focus Infocom Pvt. Ltd. has set up a “HELP DESK” that follows specific complaints procedures set out to address complaints customers may have in respect of this Agreement. 

Contact Details of the HELP DESK are:
TEL: 3320880
e-mail: support[at]focusinfocom.com.mv
Fax: 3326413

    • The customer is required to log all faults or complaints pertaining to the service rendered by Focus Infocom Pvt. Ltd. to the help desk. 
    • If a fault or complaint made to the HELP DESK is not resolved satisfactorily within 24 hours of Focus Infocom Pvt. Ltd.’s receipt of the initial complaint, the customer may escalate the complaint or claim to the General Manager by submitting in writing full details of the complaint or claim stating the customer’s reasons for dissatisfaction.