Terms and ConditionGeneral Membership Terms and Condition Mobile cellular PT XL Axiata Tbk. (”XL”) Herewith the agreement of membership for Customer of the Mobile Cellular XL ("Contract") between the Customer and PT XL Axiata Tbk. (”XL”) contain the terms and condition apply the Customer must oblige. +I. INTRODUCTION - "XL" is a corporation in telecommunication system provider of Mobile Cellular using the GSM (Global System for Mobile Communication) system.
- "Customer" is a person, a company, government institution using the network and/or services of XL based on Contract.
- "Application Form" is a form shown on the front page and back page of this Contract is to big signed by applicants to become XL Customer.
- The Customer Identity Module Card ("Kartu XL") is a card that enables Customer to access XL Mobile Cellular Network by inserting the XL Card to a mobile device or equal device.
- “Terms of Subscription” is agreement a Customer must oblige to conform to this Contract, regarding the administrative requirement, validation terms and field survey.
+II. GENERAL AGREEMENT- This Contract applies after all Terms of Subscription is fulfilled and agreed by XL.
- This Contract is applicable for individual, a company, government institution and must be signed by the applicant or a legitimate representative.
- Customer should submit all document and information requested by XL as mentioned upfront and must be completed according to the General Agreement within this Contract.
- XL will provide the facilities to communicate within XL network and when available will provide certain access to other networks that will refer to a certain tariff.
- The telecommunication service usage within XL network will be monitored by XL.
- This Contract cannot be referred to other party, except under the permission of XL.
- A Customer whose Contract has been terminated will be considered as a new applicant when he/she plans to subscribe and must comply with all of this Subscription Agreement document.
- Customer’s change of address shall be reported immediately in written directed to XL Customer Service within 1 (one) week notice before the change of address.
- XL has the right to increase or decrease Customer’s credit limit regarding the internal policy at XL, when Customer’s phone usage or billing statement amount is exceeding the usage limit whereby usage reaches 75% from the credit limit provided within the timeframe of less than 7 (seven) days of usage.
- Kredit limit is irrelevant when Customer is in International Roaming zone.
- Customer must update data when changes occur including change of address, phone number or other changes.
+III. XL CARD- XL Card will belong to XL, but Customer must be responsible for all of the XL Card usage by other party.
- The rights to use the XL Card can be referred to other party according to XL policy.
- Customer is responsible for all the billing related to the XL Card usage.
- XL has the rights to replace broken or lost XL card by applying:
- Certain admin fee.
- Other fees.
- XL Card Migration will be proceed by XL after all of the subscription requirements are fulfilled by the Customer.
- Should Customer lose or his/her XL Card is stolen (with or without his/her mobile device), Customer must report it immediately to XL Customer Service by phone and in written. XL will promptly block the XL Card. The expense from the usage of the XL Card before Customer reports to XL will be the Customer’s full responsibility.
+IV. BLOCKAGEXL has the right to perform blockage when these events occur: - The phone usage by Customer is exceeding the standard credit limit usage provided by XL;
- Customer’s billing statement is overdue from the date released by XL;
- When Customer fails to conform to the Subscription Agreement (based on field survey);
- When there is an official request from the respective authority;
- When one of the XL number owned by Customer is in overdue billing status and no payment is forwarded (applies to Customer who owns more than one XL number).
- When there is an indication of XL Card misconduct that caused loss both for XL and other customer.
+V. CONTRACT TERMINATION- XL has the right to terminate this contract immediately or discontinue service Customer at XL convenience when these events occur:
- Overdue billings;
- Contract violation by Customer;
- Customer is renounced bankrupt by the authority;
- Report on Customer misconduct or misbehaviour;
- Urgent circumstances occur;
- Customer is deceased (upon benefactor’s request).
- XL and Customer agree to put aside 1266 LawBook of Civil Law of the Republic of Indonesia to Contract Termination, and therefore a Court order is unnecessary;
- Should contract be terminated due to the above events, payment to all amount due by Customer must be paid forward in full and at once by the Customer or its benefactor referring to the applied law.
+VI. PAYMENT- Upon XL Card activation, Customer is obliged to pay in full all the bills/charges imposed by XL and to what is constituted by the government regulation apply and charge to XL but not limiting to :
- Activation fee;
- Monthly charges;
- Miminum charges monthly as stated within the Application Form or according to promo package usage in the future;
- Usage charges include active roaming fee, additional facility, and other Air time;
- Other charges such as XL Card replacement, migration, and reconnection, etc;
- All the GST must be applied on the above charges;
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XL will send monthly billing to Customer for the services XL provided to Customer and Customer is obliged to pay in full within the timeframe regulated.
- Billing statement as mentioned in point 2 above will be sent to Customer by XL in the format of electronic billing (web or email). When Customer wishes to be sent a paper billing instead, Customer will subject to a tariff apply from XL for billing.
- When there is a dissimilarity of amount due within the paper billing statement and registered XL billing, XL will refer to the XL billing.
- When Customer decides to discontinue its membership with XL, Customer must pay in full all his obligation according to the Contract and Agreement within this Contract, what is regulated within the Contract and Agreement of this Contract continues before Customer fulfill his/her obligation.
- Customer gives XL the full right to divert Customer’s Credit Card payment system to Auto Pay to the Bank that released the Credit Card includes and unlimited to when there is a minor change with the Credit Card and/or relating to the number and validity of the Credit Card.
- All charges appear from using the Customer’s number is a full responsibility of the Customer includes when there is an overdue billing will be the responsibility of Customer includes when there is overdue billing and penalty or other extra charges and taxes imposed on Customer’s billing.
+VII. URGENT CIRCUMSTANCES / FORCE MAJEUR- Urgent Circumtances / Force Majeur is an extraordinary event that cause XL Services to discontinue whereby the event is beyond the control of XL, includes but unlimited to:
- Natural disaster such as earthquake, storm, accidents, flood;
- War, riots;
- Act/Action/other party’s condition in which XL unable to provide the Customer the Service.
- In this urgent circumstance, XL shall be released from its obligation.
+VIII. MISCELLANIOUS- XL is not responsible for claims of XL Cards or services usage or other mobile device or other infrastructure or devices that result to disability, sickness, health risk, or other damages that happen to Customer or other people.
- When there is a dispute over the interpretation of the application of the agreements of this Contract, all parties agree to discuss the issue in deliberation to reach good consensus.
- When discussion cannot be achieved, all parties will agree to settle it at the permanent legal domicile of Pengadilan Negeri Jakarta Selatan.
- XL is not responsible for the loss resulting from Postpaid Card misconduct by other party or other irresponsible party.
- Customer is agreed that XL has the right to change the agreement within this subscription form and is proceeded after notifying the Customer prior to execution within 30 (thirty) calendar days through mail or other methods considered appropriate by XL.
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