International Roaming Service- Applicable Terms and Conditions

Definitions

The following words will have the following meaning unless the context otherwise requires.

(a) “Dialog” means Dialog Axiata PLC, a company incorporated under the laws of the Democratic Socialist Republic of Sri Lanka bearing business registration number PQ 38 and having its principal place of business at No. 475, Union Place, Colombo 02, Sri Lanka.

(b) “International Roaming (IR)” a facility offered by Dialog to its Subscribers that allow the subscribers to enjoy Roaming Services while travelling and during the stay in a foreign country.

(c) “Monthly Limit (ML)” refers to a credit threshold credit amount in rupees which is allocated to each postpaid subscriber per month.

(d) “Prepaid Subscriber” refers to a user who purchases Dialog’s service before using it. This requires that the subscriber has funds in the prepaid account before using it.

(e )“Postpaid Subscriber” refers to a user who uses Dialog’s services and is billed for the service usage at the end of the month. A Postpaid Subscriber can either be an Individual or a Corporate.

(f) “Roaming Partner” refers to mobile network operators across the world with which Dialog has a roaming agreement to enable Dialog to offer Roaming services.

(g) “Roaming Services” refer to services such as incoming and outgoing Calls, SMS and Data (upload, download and any automatic updates) that Dialog makes available to its Subscribers while abroad through its partners with which it has secured relevant agreements. The Roaming Services is offered by Dialog along with one or more than one partner network in a foreign country.

(h) “Subscriber” means a licensed user of the Dialog network through the use of a sim card.

1. Activation of Roaming Services

Dialog provides Roaming Services to all its Subscribers subject to the terms and conditions set out herein below. The below terms and conditions must be read in conjunction with the terms and conditions of the mobile subscriber agreement. In the event of any inconsistencies between the below terms and conditions and the mobile subscriber agreement, the below terms and conditions shall prevail in respect of the Roaming Services.

1.1 Prepaid Subscribers: Roaming Services are already activated on prepaid sim card at the time of purchase.

1.2 Postpaid Subscribers (other than the corporate customers) should request for the activation of the Roaming Services through any Dialog outlets, via USSD code or MyDialog App.

1.3 Postpaid Corporate Subscribers shall request for the activation of the Roaming Services through their dedicated Dialog account representative or through their administrative contact of Dialog.

1.4 Upon payment of the deposit (as may be required), the Roaming Services may be activated immediately or scheduled for a later date.

1.5 The Subscriber acknowledges and accepts sole responsibility for the correctness and accuracy of all information provided during the activation process. The Subscriber shall keep Dialog harmless from any claims and/or losses arising from any incorrect information provided by the Subscriber during activation of the Roaming Services.

2. Provisioning of roaming services

2.1 Upon leaving the Sri Lankan territory the Subscriber’s sim card will latch on the network onto which Dialog has partnered to provide the Roaming Services (the list of Roaming Partners can be accessed on https://www.dialog.lk/international-4g-lte-roaming

2.2 The provisioning of the Roaming Services will be on a permanent basis unless specified by the Subscriber. If Roaming Services is required on a temporary basis, the Subscriber shall specify the dates between which the Roaming Services are required from Dialog.

2.3 Dialog reserves the right not to release the Roaming Services for commercial and business reasons including but to limited to cases of any outstanding bills.

2.4 The Roaming Services will be subject to tariffs and schedules of charges for different countries which may be published by Dialog from time to time.

2.5 Dialog shall not incur liability by reason of the suspension, termination or unavailability of any Roaming Services whilst on roaming as these may vary from, country to country, region to region and operator to operator.

3. Obligations of the Subscriber

3.1 Notwithstanding clause 1, by using the Roaming Services, the Subscriber expressly agrees to be bound by the terms and conditions contained herein (and associated pricing and terms and conditions) and future amendments and additions to these as may be published from time to time.

3.2 The Subscriber agrees that while using the Roaming Services, Dialog has no control over the services/quality of service offered by the Roaming Partner in the countries visited.

3.3 The Subscriber shall not use the Roaming Services for any fraudulent or unlawful activities.

3.4 The Subscriber shall promptly report to Dialog in the event of theft, loss, unauthorized usage or unlawful acts with respect to the sim card.

3.5 The Subscriber acknowledges that his local plans (daily, weekly and/or monthly) shall not be applicable to Roaming Services.

3.6 The Subscriber agrees that Dialog shall not in any event be liable for any breach or failure of the obligations under clause 3.

4. Payment for Roaming Services

4.1 Prepaid subscriber:

4.2 Postpaid Subscriber

5. Charges and payment terms

5.1 Dialog shall issue to the Subscriber and the Payer(s) as appropriate by email (E-Bill) and/or by SMS notification, a monthly statement of account and/or the charges of the Roaming Services showing the amount due by the Subscriber and/or Payer to Dialog. The Subscriber and Payer(s) shall be bound to promptly pay to Dialog the amounts shown against their respective names/accounts on the statement of account notwithstanding any contestation there may be in respect thereof. Any dispute relating to that statement of account shall be settled thereafter.

5.2 In accordance with clause 4.2.1, notwithstanding the ML, in the event of unforeseen circumstances such as system outages and any system failure beyond the control of Dialog and its Roaming Partner, such usage shall be billed to the Subscriber in subsequent month/s.

5.3 The Subscriber remains at all times liable for all fees stated in the statement of account arising from the use of the Roaming Services including in the event the Subscriber(s) fails to settle amounts by the due date.

5.4 It shall be the sole responsibility of the Subscriber to ensure that the Payer(s) settle such sums that they have contracted to settle on behalf of the Subscriber by the due date.

5.5 The Subscriber and/or Payer(s) shall be deemed to have received the statement of account at the appropriate time when it has been posted or -sent to their email addresses as supplied to Dialog. It is the responsibility of the Subscriber and/or Payer(s) to ensure that their addresses remain up to date with Dialog.

5.6 A surcharge fee of 2% per month will be levied on outstanding invoices not settled by the due date.

5.7 In the event of recovery of any unpaid amount through the debt collection agent, the Subscriber and/or Payer shall be liable to indemnify Dialog of all costs incurred by Dialog in order to recover the unpaid amount. Such costs shall include but not be limited to the actual expenses, overheads, man-days, and any commission and VAT charged by the attorney-at-law.

5.8 The Subscriber and/or Payer(s) bind himself/themselves to comply with the billing and payment conditions as stipulated on the statement of account. Any query regarding fees and charges shown on the statement of account must be made in writing not later than the service restriction date shown on the statement of account, failing which the statement of account shall be deemed to have been accepted by the Subscriber. Dialog endeavours to resolve such queries promptly. The decision of Dialog shall be final and binding.

5.9 The fees applicable for Roaming Services shall differ from country to country.

6. Application of Monthly Limit (ML)

6.1 The ML is only an expression of intended monthly usage and monitoring of the account and shall not be construed in any manner as a limitation of liability.

6.2 All Roaming Services used will be charged to the Subscriber account

6.3 The Subscriber agrees to receive ML notifications while on roaming and to respond accordingly in case the ML is not enough.

6.4 Upon receipt of ML notification an Individual Postpaid Subscriber can request for the ML increase while still on roaming:

6.5 Upon receipt of ML notification, a Corporate Postpaid Subscriber can request for an increase in ML through the company administrative contact for Dialog or through the Dialog Account Representative.

6.6 The maximum amount to which the ML can be increased while on roaming is Rs 50,000 (Fifty thousand Rupees) or 3 (Three) times the existing ML whichever is lower for Individual Postpaid Subscribers. Any increase in ML above Rs 50,000 will be at the sole discretion of Dialog.

6.7 Dialog shall at its discretion deactivate the Roaming Services without the requirement of notifying the Subscriber if the ML is exceeded and in the event Dialog has not received any request to increase the ML.

6.8 In the event the Subscriber has exceeded the ML, the Subscriber remains responsible to settle all associated charge to the Roaming Services used and other related charges even beyond the stated ML.

6.9 Any person making a request for Roaming Services or ML increase on behalf of an individual or a corporate Postpaid Subscriber should produce relevant documents authorizing to do so on behalf of the person or company. The non-production of any such documents shall not impair Dialog’s claims against the other party.

7. Termination of the Roaming Services

7.1 By the Subscriber:

7.2 By Dialog:

8. Warranties and Limitation of Liability

8.1 Dialog will not be responsible nor liable for any losses suffered by the Subscriber resulting from the non-applicability of the monthly limit, the delivery of the Roaming Services or for any other reasons beyond Dialog’s control including but not limited to network downtime.

8.2 Dialog shall not be liable for the unavailability of the Roaming Services and non- applicability of the ML in the event of a Force Majeure or for acts of omissions of persons or bodies for whom Dialog is not responsible or any other cause, whether similar or dissimilar, outside Dialog’s control.

8.3 No liability of any nature whatsoever shall be incurred by Dialog on the happening of a Force Majeure or any such events as aforesaid.

8.4 The use of the Roaming Services and reliance on any products or services related thereto is entirely at the Subscriber’s own risk. The Roaming Services, including all its functionalities, is provided “as is” and Dialog will not be liable for any unavailability, interruption, downtime, malfunction, or failure of the Roaming Services for any reason whatsoever.

8.5 The Subscriber agrees that under no circumstances whatsoever, Dialog, its employees, representatives or contractors may be held liable for any indirect, extrinsic, special, penal, punitive, exemplary or consequential loss, damage or damages of any kind whatsoever or howsoever caused (whether arising under contract, derelict, negligence, or otherwise and whether the loss was actually foreseen or reasonably foreseeable), including but not limited to any loss of profits, loss of revenue, loss of operation time, corruption or loss of information or data and/or loss of contracts sustained by the Subscriber, his directors, employees, dealers or customers, resulting from his use of or inability to use the Roaming Services or its products.

8.6 Dialog will at its best efforts provide the Roaming Services and ensure that there are no failure and/or interruptions in the Roaming Services. The Subscriber is encouraged to inform Dialog of any failure and/or interruptions in the Roaming Services and hold Dialog harmless from any claims arising thereof.

9. Data Privacy

The Subscriber acknowledges that during the use of Roaming Services, the storage, treatment and transfer of your personal data including the call details/ call history may be subject to applicable laws and regulations of the respective jurisdictions of the Roaming Partners. This inter alia includes the requirement to share the call details/ call history in decrypted form to the Roaming Partners in order for the Roaming Partners to comply with their applicable laws and regulations. The Subscriber further undertakes having read and understood Dialog’s privacy notice which can be accessed on https://www.dialog.lk/browse/privacyPolicy.jsp?id=rp570e0ac89e4a146d91343cf667c5c3ae&locale=si_LK

10. Other roaming related products

10.1 Dialog may from time to time introduce new roaming offers and/or packs or modify the existing Roaming Services. The above Terms and Conditions – may be subject to necessary changes to cover the new products.

10.2 With or without notice of the changes, Dialog shall not be liable for any loss, damage, inconvenience that may result thereon.

11. Dispute Resolution

11.1 The Subscriber may contact the Call Centre on 0777999777 for any dispute, claim, to report discrepancies, failure and/or disruptions or for any support in relation to Roaming Services within thirty (30) days.

11.2 Dialog shall try to resolve any dispute arising out of or in connection with this Agreement within a period of ninety (90) days of the date Dialog became first aware of it.

11.3 In the event of a dispute in connection with the Roaming Services, the decision of Dialog, based on the service records, shall be final and conclusive and shall be binding on the Subscriber. Nothing in this section shall be deemed to exclude any legally recognised dispute resolution body from receiving, hearing and determining the dispute.

12. Force Majeure

12.1 Dialog shall not be liable to the Subscriber for any delay or failure to perform its obligations under these terms as a result of a force majeure event which includes any event which is beyond its reasonable control, is unforeseen and irresistible. Such events may include without limitation: revolution or other civil disorders; epidemics, pandemics, lockdowns, restrictions of movement, belligerent aggression by an enemy; strikes; labour disputes; electrical equipment or system availability delay or failure; fires; floods; acts of God; government or regulatory intervention.

12.2 If such delay or failure continues for at least thirty (30) days then either party to this Agreement may terminate their engagement by serving a notice in writing to the other.

13. General

13.1 If any of these terms is held invalid, illegal or unenforceable by any court of competent jurisdiction, it will be severed and the remaining terms will continue in full force as if this Agreement had been made without the invalid, illegal or unenforceable terms.

13.2 Dialog may vary these terms and conditions at any time. Continued use of the Roaming Services thereafter shall be deemed to constitute acceptance of the same by the Subscriber.

13.3 Dialog’s failure to exercise or enforce any right under these terms shall not be deemed to be a waiver of any such right nor shall it prevent Dialog from exercising or enforcing the rights in question at any time.

13.4 The Subscriber shall not transfer any rights or obligations that he may have under these terms without Dialog’s prior written consent.

13.5 The Subscriber shall not use the Roaming Services for the receipt of or payment for goods or services that offend or circumvent any law including without limitation, narcotic drugs, firearms, obscene or pornographic material or services, infringement of third party intellectual rights, running illegal or unauthorised lotteries, gaming or gambling, as well as material that is morally repugnant; incites violence or desires to cause harm; induces an unacceptable sense of fear or anxiety; encourages or incites any person to engage in dangerous practices or to use harmful substances; induces or promotes tribal, religious or racial disharmony; causes grave or widespread offence; or debases, degrades or demeans others.

13.6. All conditions, warranties and representations implied by law in relation to the Roaming Services and Dialog Network are excluded to the extent permitted by law and except as expressly provided in these terms and conditions.

13.7. These terms and conditions shall be governed by the Laws of Sri Lanka and subject to the exclusive jurisdiction of the courts of Sri Lanka.

13.8 The English terms and conditions shall prevail over the Sinhala and Tamil translations (if any)