Postpaid Application Form (Mobile)

“Agreement” means this agreement for the Service made between Dialog and a Subscriber in accordance with these terms and conditions.

“Access Fee” means the monthly network rental charges or charges payable by the Subscriber as determined by Dialog for the Service rendered. If the Service has been received on any day other than the 1st day of the month, the fee shall be prorated according to the number of days remaining in that particular month in which the access of the Service occurred.

“Bill” means a monthly statement produced by Dialog stating charges due to Dialog from the Subscriber on any particular connection.

“Call Charges” means charges payable by a Subscriber in connection with usage of the Service, calculated based upon time units incurred or used by a Subscriber.

“Company” has the same meaning in the Companies Act No. 7 of 2007

“Connection Fee” means a non-refundable fee, as may be determined by Dialog from time to time to be paid by an applicant to Dialog at the time of submission of the application to become a Subscriber.

“Dialog” means Dialog Axiata PLC [Company Number PQ 38]

“Due Date” means the last date for payment of Bill by the Subscriber as determined by Dialog from time to time on the Bill.

“E-Services” means the facilities offered by Dialog to its Subscribers to send in request(s) pertaining to connections in use via an e-mail account authorized by the Subscriber. In the event the Subscriber is a Company/ Business entity the Subscriber shall have to submit a letter signed by an authorized personnel/s of the Company/ Business entity for the purpose of registering for the above service. The above mentioned facilities shall include:

• Requests for disconnection and reconnection
• Requests for address change. (in this case the Subscriber is required to use the Services for a minimum period of six months prior to such request)
• Requests for Bill format changes (i.e detailed or summary bills)
• Requests for credit modifications (i.e credit limit enhancement, category changes)

“IDD” means International Direct Dialing facility.

“IMEI” means International Mobile Equipment Identification, which is a unique electronic serial number sealed into the Mobile Equipment.

“Mobile Station” is composed of the Mobile Equipment and SIM Card, which facilitates the use of the Service, offered by Dialog.

“Mobile Equipment” means equipment with a transmitter and receiver, which does not contain any subscriber information.

“Photo ID” means copies of the photograph produced in the event if the photograph appearing in the NIC/Drivers License/ Passport is different from the present physical appearance of the applicant

“Reconnection Fee” means a non-refundable fee imposed by Dialog from time to time to be paid by the Subscriber to Dialog upon the Subscriber’s request for a reconnection of Service that has been disconnected.

“Subscriber” means a person/Company whose registration to subscribe to the Service offered by Dialog has been accepted. An individual subscriber must be at least 18 years old.

“Service” means the telecommunication services offered by Dialog to a Subscriber.

“SIM Card” means either a card or plug in module with a microchip, which contains all necessary Subscriber information, which has to be inserted into the Mobile Equipment in order to make a call.

“SMS” means the GSM Short Messaging Service of Dialog.

“SM” means Short Messages.

“Tariff Rate” means charges and fees levied for the subscription and the usage of the Service as imposed by Dialog from time to time or duly endorsed by competent authorities.

This Agreement between the Subscriber and Dialog shall be in force from the date of acceptance of the application and shall continue unless terminated in accordance with these terms and conditions.

Throughout the duration of the Agreement the Subscriber shall;

1. bear full responsibility for the usage of the Service, using this connection and/or SIM card and shall not allow any other person to use the connection and/or SIM card at any time;
2. not transfer this connection and/or SIM card to another person at any time during the period of this Agreement except where the Subscriber follows the procedure set out by Dialog in compliance with the law;
3. promptly pay all amounts due to Dialog as reflected in the Bill;
4. not be entitled to any refund of subscription or monthly rental in the event of any interruption of the Services;
5. ensure that the Subscriber’s Mobile Equipment and SIM Card are lawfully owned/possessed not in contravention of any laws or regulations of Sri Lanka;
6. report immediately to Dialog, and submit a police report with regard to same if requested by Dialog, upon the discovery of any fraud, theft, loss, unauthorised usage or any other occurrence of unlawful acts in relation to Mobile Station and its use;
7. use all precautions to prevent the loss or theft of the SIM Card and shall immediately notify Dialog in the event the SIM Card is lost or stolen or otherwise destroyed or damaged;
8. pursuant to Clauses 3 (vi) and 3 (vii) above the Subscriber is liable for all Call Charges incurred until the loss or theft is reported to Dialog and the Services disconnected;
9. in the event the Subscriber requires any replacement of SIM Card for any reason whatsoever, other than due to any manufacturing defect, during the warranty period, pay for the replacement of SIM Card;
10. subject to Clause 3 (ii), not change or transfer the ownership of the SIM Card unless prior written notice has been served to Dialog and approval has been obtained;
11. register with Dialog if he intends to obtain a second SIM Card and pay all fees and charges required for a new subscription;
12. inform Dialog in writing of any change of address and/or employment or business;
13. in the event the Subscriber opts for a package with a payment commitment as indicated overleaf, for the time period stipulated therein pay such minimum monthly commitment charge to Dialog regardless of actual usage of the Service;
14. have the right to request Dialog to revoke the said commitment prior to the expiry of the said commitment period provided however, the Subscriber in such an event be subject to the regular tariffs of Dialog;
15. ensure that the Subscribers does not transmit any obscene material using this connection/SIM Card.
16. Subscriber or any person authorized by him shall not use the connection and/or SIM card to originate or bypass software application generated SM containing inter alia spam, bulk promotional messages, one time passwords and transactional information to recipients.

1. Upon submission of the application and acceptance of same by Dialog, the Subscriber shall pay to Dialog a refundable deposit and such other payments connected with the registration of the subscription for the Service, as stipulated by Dialog.
2. The refundable deposit shall be held to the Subscriber’s credit and refunded to the Subscriber without interest after termination of the Agreement, subject to deduction of any amounts due to Dialog by the Subscriber.
3. In the event of any fees or charges remaining unpaid after becoming due, Dialog reserves the right to charge interest at the rate of 2% of the total amount due for the period between the Due Date and the date of settlement.
4. The Subscriber agrees to bear all legal costs and expenses incurred by Dialog in recovering any moneys, charges, costs and expenses payable by the Subscriber under these terms and conditions and the Subscriber also indemnifies Dialog against all costs, expenses payable by the Subscriber.
5. The Subscriber shall bear all stamp duty, service tax charges and any other cost or charge imposed by law.

1. The Subscriber may terminate the Agreement by giving Dialog at least four (4) working days prior notice in writing.
2. Dialog shall be entitled at its absolute discretion to suspend/terminate the Service or Agreement at any time without being required to give any reason whatsoever.
3. Upon termination of the Agreement by either party, the Subscriber shall be liable to Dialog for the following, and shall upon the demand of Dialog, settle his account promptly:

   a. The monthly subscription fee for the whole month in which the termination took place.

   b. Any Call Charges incurred by the Subscriber up to and including the effective date of termination.

   c. Any other outstanding amounts pertaining to his subscription.

4. A suspension or disconnection of the Service by Dialog shall not be regarded as termination by Dialog of this Agreement
5. Dialog may terminate the Service in the event its license to operate and provide the Service granted by the Government / Governmental Authority is withdrawn or not renewed for any reason whatsoever.
6. Dialog may terminate the Service if it comes to the notice of Dialog that any gift or consideration of any kind was offered or given to any Dialog employee or authorised agent by such Subscriber as an inducement or reward to assist such Subscriber in being accepted as Subscriber of the Service or to facilitate the acceptance of a Subscriber’s Application.
7. Dialog may terminate this Agreement in the event it is brought to Dialog’s notice that the Service and/or Mobile Station is utilized by the Subscriber or any person authorized by him for illegal purposes and in contravention of any law, or if the subscription for the Service has been obtained on the production of forged and/or fraudulent documentation and information.
8. Dialog may in its absolute discretion reconnect and restore the Service to any Subscriber, upon his written request subject to the payment by the Subscriber of the Reconnection Fee and any other charges as determined by Dialog.
9. Dialog may immediately terminate this Agreement or disconnect the Service without notice, in the event it is brought to Dialog’s notice that the Service and/or Mobile Station is utilized by the Subscriber or any person authorized by him for the purpose of originating or bypassing software application generated SM containing inter alia spam, bulk promotional messages, one time passwords and transactional information.

1. Dialog reserves the right to make any alteration to the Service and Dialog shall not be liable for any loss or inconvenience to the Subscriber resulting there from.
2. Dialog reserves the right from time to time to vary, add to or amend the Terms and Conditions with or without notice to the Subscriber and the Subscriber shall be bound to observe and comply with such amendments.
3. Dialog reserves the right at anytime to disclose information relating to the Subscriber with any of its subsidiary or holding companies in order to provide an integrated service to its Subscribers.
4. Dialog reserves the right at any time to require the Subscriber to pay any outstanding amount within a stipulated period of time.
5. Dialog reserves the right to recover any outstanding payment by utilizing any deposit and/or account balance in any other subscription (Postpaid/Prepaid) owned by the Subscriber
6. Balance in any prepaid account attached to a postpaid connection of the subscriber shall be expired upon the permanent disconnection of the postpaid connection.
7. Dialog reserves the right to re-use the number allocated to the Subscriber, if the line is disconnected/not active for a period of Twelve (12) Months from the date of permanent disconnection.
8. Dialog shall be entitled to vary the amount of deposit, fees, charges for the Service by notice to the Subscriber.
9. Dialog shall be entitled to cause all Mobile Equipment purchased from Dialog to be network locked and may unlock same, at the discretion of Dialog, upon the Subscriber’s request subject to the payment of relevant charges by the Subscriber as determined by Dialog.
10. Dialog shall not be responsible or liable whatsoever for ownership of Mobile Equipment used by the Subscriber to obtain the Services.
11. Dialog shall not be liable to any Subscriber or any third party authorised by or claiming through a Subscriber for any loss or damage, whether direct, indirect, special or consequential, or loss of business revenue or profits or of any nature suffered by any Subscriber or any person authorised by the Subscriber, or for any injury caused to or suffered by a person or property arising from/or occasioned by;

    a. the use of the Service and Mobile Station by the Subscriber or any persons authorised by the Subscriber;

    b. any malfunction or defect in the Mobile Station or the loss of the Mobile Station or Service for whatever reasons.

12. Dialog shall not be liable for;

    a. any claim for illegal, slander, infringement of copyright arising from the transmission and receipt of material in connection with the Service and any claims arising out of any act or omission of the Subscriber in relation to the Services;

    b. any loss or damage caused to the Subscriber as a result of the suspension/termination of the Agreement and the interruption/loss of the Service due to any cause.

13. Dialog shall replace any defective SIM Card free of charge only if it is due to any manufacturing defect during the warranty period.
14. In the event the Subscriber breaches any term relating to the commitment stipulated in Clause 3 (xiii) herein, Dialog shall be entitled to immediately convert the Subscriber’s package to one of Dialog’s regular tariffs.

1. International roaming services shall be provided to a Subscriber only at the discretion of Dialog.
2. A Subscriber to the international roaming service will be subject to the terms and conditions as contained in this Agreement.
3. The Subscriber shall pay all IDD In-coming and out-going Call Charges whilst on roaming according to the tariff and charges as imposed by the telecommunication authority or operator of the country where the Subscriber makes or receives calls.

1. Force Majeure - Dialog shall not be liable for any breach of this Agreement caused by an act of God, terrorist activities, and insurrection or civil disorder, military operations, all emergency acts or omission of Government, or any competent authority, industrial disputes, of any kind of fire, lightning, explosion, flood, acts or omission of persons or bodies for whom Dialog is not responsible or any cause outside Dialog’s control.
2. Severability - If any of the provisions herein contained should be invalid, illegal or unenforceable under any applicable law, the legality and enforceability of the remaining provisions shall not be affected or impaired in any way and such invalid, or unenforceable provision shall be deemed deleted.
3. Governing Law - These terms and conditions shall be governed by and construed in accordance with the laws of Sri Lanka.
4. Notices -
   • a. Any notice to be given by Dialog to a Subscriber under these terms and conditions must be in writing and sent to the address stated herein or is subsequently formally and properly notified to Dialog.
   • b. Any notice to be given by the Subscriber to Dialog under these terms and conditions must be in writing and sent to the following address which may be changed and notified from time to time.
     Dialog Axiata PLC.
     475, Union Place,
     Colombo 02, Sri Lanka.
   • c. Any notice given pursuant to this clause shall be deemed to have been served if sent by prepaid registered post, within five business days after the date of posting; if sent by ordinary post within six business days after the date of posting; if hand delivered, upon delivery; if sent through electronic means including facsimile transmission etc.
5. Assignment - The Subscriber shall not be permitted to assign or transfer any part of their rights or obligations under these terms and conditions to anyone, without the prior written consent of Dialog.
6. Indulgence - No delay or indulgence by Dialog in enforcing any term or condition of this Agreement nor the granting of time by Dialog to a Subscriber shall prejudice the rights or powers of Dialog nor shall any waiver by Dialog of any breach constitute a continuing waiver in respect of any subsequent or continuing breach.
7. Interpretation
   • a. Words importing the singular number include the plural number and vice versa.
   • b. Words importing the masculine gender include the feminine.
   • c. The expression importing a natural person includes a body coorporate.

1. The Subscriber can register for E-Services using the following methods:
   • a. Such request shall be forwarded to the e-mail account “bill@dialog.lk”. Company/ business entity shall submit a letter signed by authorized personnel/s of the Company/ business entity.
     If there shall be any requests via e-mail register for E-Services, such requests shall be generated either from the e-mail account designated for E-Services or any other e-mail account/s authorized by the Subscriber and registered with Dialog particularly for this purpose.
     Such request via e-mail shall contain the following information:
     Name of the Subscriber
     Current address of the connection registered with Dialog
     Requestor’s contact Information/ mobile number
   • b. Such requests shall be forwarded though Short Messaging Service (SMS) to Type eserv & send to 456. Company/ business shall submit a letter signed by authorized personnel/s of the Company/ business entity.
     If there shall be any requests via SMS register for E-Services, such requests shall be generated using the number of the connection obtained by the Subscriber in terms of the said Subscriber Agreement.
     Such request via SMS shall contain the following information;
     e-mail address of the Subscriber

1. Dialog disclaims liability for verification of instructions if same has been generated from the aforesaid designated e-mail account/s or through SMS and further disclaims liability for acting in reliance of the contents and in accordance with the directions contained therein notwithstanding that such instructions may have been initiated or transmitted in error or fraudulently or may have been altered misunderstood or distorted in the course of transmission.

1. In consideration of Dialog acting in accordance with instructions received via e-mail / SMS as set out in clauses 9 and 10 hereof, the Subscriber shall indemnify Dialog its subsidiaries, affiliates, assigns and successors and save harmless at all times from and against all claims, actions proceedings, losses, damages, interests, costs, charges, expenses, losses, obligations and any detriment of whatsoever kind or nature (whether actual or contingent) suffered or incurred, sustained by or threatened against Dialog whatsoever and howsoever arising in consequence or attributable to Dialog effecting any requests made in accordance with instructions received via e-mail /SMS.