These General Terms and Conditions  (“GTCs”) between any user of services (“Subscriber”) provided by Smart Axiata Co. Ltd., a limited liability company established under the laws of Cambodia (“Smart”), whether prepaid or postpaid services, and Smart creates obligations regarding the Services (defined below), which apply to any use of Services by the Subscriber.

These GTCs will apply to both Smart prepaid Services (“Prepaid”) and Smart postpaid service (“Postpaid”), which includes any wireless telecommunications services provided by or through the Smart network (“Network”), including voice, text, data (including content) or other services, and account administration.

Acceptance

  1. These TGCs shall be deemed as the Subscriber’s acknowledgement, acceptance and agreement to be bound by these GTCs when:
    1. Activating Smart Services;
    2. Using Smart Services; or
    3. Signing a hardcopy of these GTCs; or
    4. Clicking to accept these GTCs via Smart Website.

Services

  1. Telecommunication services (“Services”), provided to the Subscriber under the trademark “Smart” are provided by Smart, which holds a due and valid license for the provision of such Services issued by the Ministry of Posts and Telecommunications of Cambodia (“MPTC”).

Coverage

  1. Smart and its roaming partners may without notice, change Networks or geographical coverage areas (“Network or Geographical Coverage Areas”).

SIM Card

  1.  Smart may provide the Subscriber with a phone number (“Phone Number”) and subscriber identity module card (“SIM Card”) and/or an open telecommunication line.
  2. Only Smart issued SIM Cards, which are required to connect the Subscriber’s device or Smart’s Device to Smart networks, may be activated on the Smart Network.
  3.  All Phone Numbers and SIM Cards provided by Smart to the Subscriber are the sole property of Smart. The Subscriber does not acquire any right in any assigned Phone Number or identifier for Smart Services.
  4. Smart reserves the right to withdraw the Phone Number and SIM Card and to close the account of any Subscriber who fails to pay or recharge their account for 90 consecutive days since the Services were suspended, and Smart may transfer the Phone Number and SIM Card to any new subscriber.
  5. Smart is entitled, at its sole discretion, to transfer a Phone Number and SIM Card of a Subscriber to a new Subscriber

Device

  1. Smart will not accept liability for non-conforming mobile phones or other devices used in relation to the Services.

Loss

  1. The Subscriber must notify Smart without any delay if a SIM card is lost, stolen, damaged or destroyed. The Subscriber will replace the SIM card and bear all costs incurred for the replacement cost of the SIM Card.
  2. In the case of loss or theft of a SIM Card, the Subscriber will, for any reason, be fully responsible for the usage of the Services originating from its Phone Number and SIM Card until the moment they notify Smart of such loss or theft.

Limitation of Liability

  1. Smart will not accept liability for consequential damages or losses to the Subscriber or any third party as the result of the provision of the Services (in particular but not limited to voice calls, data transmission, and messaging). This includes any disruptions or outages of the Services, or as a result of any changes to the Network or Geographical Coverage Areas.
  2. Smart will not accept liability for any damages resulting from the disclosure of the Subscriber’s personal information to Smart’s third party partner(s). For sake of clarity, the Subscriber hereby waives any right to claim such damages.
  3. Smart will endeavor to cooperate with competent authorities to interrupt, temporarily or permanently, the provisioning of Services to the Subscriber or provide relevant information to these competent authorities.

Charges

  1. The Services charged to the Subscriber will be in accordance with the Services chosen by the Subscriber. The calculation of the charges are made with respect to the following:
    1. Voice: both local and long distance calls are rounded up to the nearest minute, unless otherwise stated. Time begins when a call is initiated (for example, by pressing “Send”) or, in case of calls received by the Subscriber, from the moment the call request connects to Smart’s network (which may be before the device rings) until the time that the activity is disconnected (for example, by pressing “End”);
    2. Text: Smart will charge the Subscriber for any incoming and outgoing text messages;
    3. Data: data usage is rounded up to the nearest kilobyte, unless otherwise stated. Applicable data charges apply from the moment a data transmission starts and are measured by the data sent and received by Smart’s networks in connection to such transmission, whether or not the data request is successfully completed; and
    4. Roaming: roaming occurs whenever a device uses another wireless service provider’s network to send or receive voice, text or data transmissions. Roaming can occur in Cambodia or internationally, and the charge for this roaming service will be made upon the actual usage of the Subscriber.
    5. Applications and Games in Google Play, Apple iTunes and other Direct Carrier Billing (DCB) partner merchants.
    6. Digital Content (music, movies, images, books, magazines …) in Google Play, Apple iTunes and other Direct Carrier Billing (DCB) partner merchants.

Billing

  1. The Subscriber must maintain a positive balance of funds in its Prepaid Account (“Account”) in order to use the Services.
  2. To add funds to its account, the Subscriber must top up (“Top Up”) its account with a Smart Top Up Card (“Smart Top Up Card”). This is exclusive of taxes. Prepaid funds are valid for a specified number of days starting from the time on the day they are added to the account (“Active Period”). Unused funds will expire at the end of the Active Period.
  3. Expired prepaid funds will be restored if the Subscriber Top Up its Account within seven days of expiry. If the Account is topped up before the existing prepaid funds expire (or are used up), then the Top Up funds will be added to the existing prepaid funds and the Active Period for the Top Up will apply to the combined amount of prepaid funds. Prepaid funds are non-refundable.
  4. Any prepaid funds, which are added to an account on a promotional basis, will have an Active Period of 30 days, unless otherwise stated and are not restored or extended by Top Up.

Payments

  1. The Subscriber will pay for the Services in accordance with the GTCs, rules and tariff plans. The money on the account balance is only available for Smart’s Services without any possibility of refunds of payments from Smart. If the Subscriber violates any payment terms, penalties of 1% on the outstanding amount are applicable per month.

Use of the Services

  1. The Subscriber must not use Smart’s Network, the Services, the SIM Card or Smart Top-Up Card for any illegal, unethical or criminal purpose. If, in its sole discretion, Smart determines that a Subscriber has:
    1. Breached the GTCs or any other document the Subscriber has agreed to; or
    2. Used the Services to contribute to any detriment to the security and public order of Cambodia; or
    3. Used the Services to threaten or hinder Smart’ telecommunications Network stability and/or Network quality; or
    4. Used the Services without complying with applicable laws and regulations of Cambodia;

    Smart may suspend or terminate provision of the Services to that Subscriber immediately.

Amendments

  1. By giving at least 30 days advance notice in writing, Smart may change the Services and the rates charged for Services.
  2. Smart may amend, add or remove elements of the GTCs at any time without prior notice to the Subscriber. Smart may provide the Subscriber with a notice of a change by any means at its discretion, including posting the change on its website, sending it to the Subscriber by text message, or by any other reasonable means.

Entire Agreement

  1. These GTCs and the Application Form, along with any other agreement agreed to by Smart and the Subscriber including service purchase agreement via Smart SIM Registration Application, hereunder constitute the entire agreement between Smart and the Subscriber and will supersede all previous oral or written presentations, agreements or commitments.

Applicable Law and Dispute Resolution

  1. These GTCs shall be governed by the laws of Cambodia. Any dispute arising out of or in connection with these GTCs, Smart and the Subscriber shall resolve the dispute amicably. If the Parties are unable to resolve the dispute, either Party may submit the dispute to the Telecommunication Regulator or the courts of Cambodia.

Language

  1. The GTCs Agreement is in English and the English version will prevail over any translation. The Subscriber acknowledges that it has had the opportunity to review a Khmer translation of the GTCs  or going to Smart website.

Marketing and Promotional Communications

  1. Smart may send commercial electronic messages, or call the Subscriber to inform him or her about Smart’s and Smart third party partner’s products and services.
  2. The Subscriber may unsubscribe from telemarketing messages by dialing 888

Severability

  1. If any Article of these GTCs becomes unenforceable, the remainder will continue to apply to the Subscriber and Smart.

Assignment

  1. Smart may transfer or assign all or part of these GTCs at any time without any prior notice issued to the Subscriber or consent obtained therefrom.

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