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Bulk SMS Terms and Conditions

  • 1. These General Terms and Conditions govern the agreement between Kalaam Telecom for Communications LLC (Single Person Company) (“Kalaam”) and the Customer. They shall be read in conjunction with the Commercial Offer set out in this Proposal. In the event of any conflict or inconsistency between the provisions of these General Terms and Conditions and the Commercial Offer, the terms of the Commercial Offer shall prevail.
  • 2. The term shall be automatically renewed for a further successive period(s) unless terminated by the Customer by providing at least thirty (30) days’ written notice prior to the end of the initial or renewed term.
  • 3. The Customer shall not have the right to terminate the Service during the term. In the event that the Customer effects early termination of the contract prior to its expiration, the Customer shall be liable to pay a sum equivalent to all fees and charges that would be payable to Kalaam for the remaining term of the contract period.
  • 4. The Customer shall be required to pay any applicable non-recurring charge (i.e. the registration or setup fee) in advance, prior to the service installation, activation and delivery.
  • 5. The Customer’s purchase order shall include reference to this Proposal, refer to the terms and conditions herein, and specify a particular reference number.
  • 6. Any Purchase Order issued by the Customer shall not impose any additional obligations on Kalaam or provide any terms that are in consistent with the terms of this Proposal. Any such terms shall not be binding on Kalaam notwithstanding its acceptance of the Purchase Order, and in the case of any conflict between the terms of the Purchase Order and the terms of this Proposal, the terms of this Proposal shall prevail.
  • 7. Installation, configuration, testing, and commissioning of the Service (the “Service Delivery Timeline”) require about twenty-one (21) business days.
  • 8. The Service Delivery Timeline commences after the signed Proposal, Service Order Form, Purchase Order and KYC documents (copies of the Customer’s passport/national identity card or commercial registration, commercial extract/authorized signatory list, and VAT certificate), as applicable, are received, verified and accepted by Kalaam and after the NRC charges have been paid by the Customer. The Customer shall receive an “Order Acceptance” email setting out the order number after the order has been accepted, further to which, Kalaam’s delivery team shall liaise with the Customer to arrange for service delivery.
  • 9. The Customer shall have two (2) business days to test the service from the activation date, as notified to the Customer by Kalaam, and to notify Kalaam in writing of its acceptance or rejection. The Customer’s failure to notify Kalaam of its acceptance or rejection of the Services within the foregoing time period will be deemed to constitute the Customer’s acceptance of such Services.
  • 10. The Customer may only reject a Service within the testing period set out in the preceding section if the agreed technical specifications set out in this Proposal have not been met. If the Customer notifies Kalaam of its rejection for an acceptable reason within the prescribed period, Kalaam shall remedy the deficiency and share a new activation date.
  • 11. Where any person other than the Customer (in the case of a natural person) or its authorized signatory (in the case of a legal entity) as registered on its commercial registration, signs this Proposal and/or the Service Order Form, Kalaam may request the Customer to provide: (1) a valid authorization letter signed by the authorized signatory (as registered on the commercial registration of the Customer in the case of a legal entity), granting the signatory the authority to sign on behalf of the Customer; or (2) an authority matrix of the Customer, signed by its authorized signatory as registered on its commercial registration, granting the signatory the authority to sign on behalf of the Customer.
  • 12. Customer Responsibilities:
    • 12.1. Customer Information: The Customer warrants and agrees to provide true, accurate, complete and up-to-date information to Kalaam as requested, including but not limited to Customer’s name, authorized signatory, address, commercial registration, KYC Documents, or any subsequent reasonable information request made by Kalaam from time to time. Customer agrees to also promptly notify Kalaam of any change to the aforesaid Customer information.
    • 12.2. Customer Equipment and Data: The Customer is solely responsible for Customer’s Equipment and ensures that:
      • (a) it complies with all applicable laws or relevant telecommunication industry standards and meets required specification and is compatible with any third-party hardware or software used by Customer to receive the Services and meets Customer’s need in respect of the use of the Services; and in the case of data services, all data retrieved, stored or transmitted through the Service. This obligation shall include but not be limited to remedying any distortion or corruption caused to the Customer Equipment or data as a result of the use of the Services.
      • (b) in the particular case of data services, wherein some material available on the Internet may be offensive, illegal or otherwise generally inappropriate, Kalaam cannot be held responsible for all or any of the content, accuracy or quality of information or the resources available, received or transmitted by any party through the Customer’s or other third-party’s use of the Services, whether or not in accordance with this agreement.
    • 12.3. The Customer agrees to abide by all applicable local, national, and international laws and regulations. The SMS service that sends/receives messages to/from mobile phones is maintained by Kalaam. Any illegal use of the SMS service is strictly prohibited under the Communication, Space and Telecom (“CST”) regulations of the Kingdom of Saudi Arabia.
    • 12.4. The Customer is solely responsible for all acts or omissions that occur under account, including the content of the messages transmitted through the Service.
    • 12.5. Messages containing sexual, racist, gambling, or discriminatory content or any such usage of them may be considered as harassment and the Customer will be held responsible for such misuse. Kalaam Telecom does not assume any liability for any content that the messages sent contain.
    • 12.6. The Customer guarantees that the content of any SMS abides by and does not in any matter of conflict with the fundamental human rights and follows the norms of Intellectual Property Right laws. (e.g. right to privacy, prohibition of discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin.
    • 12.7. The Customer accepts that the service is provided for professional use only and you agree not to use it to:
      • (a) Send unsolicited messages (i.e. mobile spam) and therefore ensure that your messages are only sent to individuals that have given their permission and adhere to Article 4.3.10 of the Curbing SPAM Messages & Calls regulation under CST.
      • (b) Harvest, or otherwise collect information about others, without their consent.
      • (c) Mislead others by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to you.
      • (d) Transmit, associate, or publish any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, lewd, immoral, harmful, vulgar, obscene, or otherwise objectionable material of any kind. As a general guideline, if the Customer content is not suitable for ages 13+, it most likely goes against our Usage Policy.
      • (e) Transmit any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights, or other rights of publicity.
      • (f) Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancel-bots, or any other harmful/deleterious programs.
      • (g) Interfere with, or disrupt, networks connected to the service or violate the regulations, policies, or procedures of such networks.
      • (h) Attempt to gain unauthorized access to the service, other accounts, computer systems or networks connected to the service, through password mining or any other means.
      • (i) Interfere with others use and enjoyment of the service.
      • (j) Engage in any other activity that Kalaam Telecom believes could subject it to criminal liability or civil penalty/judgment.
      • (k) Send promotional or awareness messages between 8 a.m. and 10:00 p.m. daily, and during the blessed month of Ramadan between 1:00 a.m. and 12:00 p.m. (GMT+3) according to the Kingdom of Saudi Arabia’s timing.
    • 12.8. The Customer acknowledges that Kalaam delivers SMSs via major telecom operators as well as partners that can therefore only influence the delivery transmission of SMS within the technical constraints imposed. SMSs submitted via Internet will be transferred to mobile network providers, provided that the recipient’s phone is switched on and doesn’t have a full memory and is in an area covered by its subscribed mobile network provider.
    • 12.9. The Customer acknowledges that, depending on the recipient’s mobile provider service, it may not be possible to transmit the SMS to the recipient successfully.
    • 12.10. The Customer is responsible for the privacy and storage of the username and password. The Customer agrees to be legally bound by all the activities carried out through the account.
    • 12.11. The customer is responsible for any penalty imposed by the competent authorities due to their misuse of the agreement.
    • 12.12. The Customer undertakes that the entire responsibility regarding the messages sent from the Customer account through https://ktemsc-sa.kalaam-telecom.com/Home?ReturnUrl=%2FDashboard are sent as per the Customers request and approval.
    • 12.13. The Customer undertakes to indemnify and reimburse Kalaam for any liabilities, costs, losses, and damages, in case of any claim brought against Kalaam from any third party due to the Customer breach of contract or misuse of the service.
    • 12.14. The Customer agrees that neither Kalaam nor its vendors, suppliers or licensors shall be responsible for any damages resulting from any act or omission by a third party that is beyond Kalaam’s control or as a result of the Customer’s acts/omissions, including: (i) providing or failing to provide Services as a result of deficiencies or problems with a device or network coverage (for example, dropped, blocked, interrupted calls/messages, etc.); (ii) traffic or other accidents, or any health-related claims relating to Kalaam’s Services; (iii) data content or information accessed while using Kalaam’s Services (e.g. hacking); (iv) an interruption or failure in accessing or attempting to access emergency services from a Device, including through 999; (v) interrupted, failed, or inaccurate location information services, (vi) information or communication that is blocked by a spam filter.
    • 12.15. The Customer further agrees that neither Kalaam nor its vendors, suppliers or licensors shall be responsible for any damages resulting from a Force Majeure Event. “Force Majeure Event” means any cause beyond a party’s reasonable control, including without limitation, any act of God, acts of war, terrorism, cybersecurity attacks, power outages, earthquake, hurricanes, flood, fire or other similar casualty, embargo, riot, sabotage, strikes, governmental act, insurrections, epidemics, quarantines, inability to procure materials or transportation facilities, failure of power, restrictive governmental laws or regulations, court orders, condemnation, interruption to transnational telecommunication systems, or other reason of a like nature not resulting from the actions or inactions of a Party.
    • 12.16. Use of Services: The Customer will be solely responsible for all access to, and use of, the Services provided by Kalaam. If the Customer allows a third party to access the Services, the Customer is liable for all activities conducted by such party, included but not limited to the use of landlines, mobiles and the internet or any other usage whatsoever. The Customer agrees that it shall not use the Service:
      • (a) in a way which does not comply with the terms of any laws or any license applicable to the Customer, or that is in any way unlawful or fraudulent or, to the Customer’s knowledge, has any unlawful or fraudulent purpose or effect, or which infringes or may potentially infringe the rights (including intellectual property rights) of Kalaam or any third party;
      • (b) in connection with (without prejudice to the generality of sub-Clause 15.5 (a) above) the carrying out of a fraud or criminal offence against Kalaam or any other party;
      • (c) to send, knowingly receive, upload, download, use or re-use material which is abusive, offensive, indecent, defamatory, obscene or menacing, in breach of copyright, confidentiality, privacy or any other rights, liable to incite racial disharmony or hatred, or which comprises of a virus or other code liable to cause loss or damage;
      • (d) to promote drug-trafficking, prostitution, money-laundering, terrorism, pedophilia (or any material that is in anyway harmful);
      • (e) to send or procure the sending of any unsolicited advertising or promotional material;
      • (f) in a way that in Kalaam’s reasonable opinion could have a materially detrimental effect on Kalaam’s business (including the Service);
      • (g) to resell, re-supply, license, hire, transfer ownership, assign, trade or otherwise dispose of the Service, in whole or in part, or make it available to any person on a commercial basis;
      • (h) to provide public information services without obtaining the prior formal approval from the relevant government authorities within the Kingdom of Saudi Arabia; or
      • (i) breach any usage limits or fair use policies established by Kalaam or third-party providers.
    • Kalaam shall have the right to enforce the obligations set out in sub-Clauses (a) to (i) above, including by way of suspending or terminating the Service without notice.
    • 12.17. Breach of Services: The Customer shall indemnify, defend and hold Kalaam harmless absolutely from and against all costs, losses, claims, damages and expenses (including without limitation any legal costs) of any kind whatsoever, whether foreseeable or not that may be suffered by Kalaam, as a result of any breach of this agreement. The Customer agrees that:
      • (a) nothing in this clause shall prohibit Kalaam or otherwise restrict its rights to commence legal proceedings against the Customer for enforcement of all or any part of this clause;
      • (b) Kalaam reserves the right in applicable circumstances arising from a breach of the provisions of this clause or where otherwise requested, to pass on such details to the relevant authorities as may be appropriate. Furthermore, Kalaam may take such steps as it sees fit, including but not limited to the modification or deletion of any offending material resulting from the use of the Services in contravention of the terms of this Agreement, or the suspension or termination of Customer’s access to the Services, as soon as it becomes aware of the existence of such offending material. The Customer agrees to provide all necessary assistance to Kalaam, as requested, in order to allow Kalaam to take the steps set out in this clause; and
    • 12.18. Customer Data Responsibility: Where the Service entails hosting, cloud and storage of data, Kalaam is not privy to the Customer or their end-users’ data stored, including its content, quantity, value, or usage. Such Customer data remains the sole property of the Customer, who is exclusively responsible for:
      • 12.17.1. Assessing the Services’ appropriateness for the Customer data managed or processed by the Customer or their end-users;
      • 12.17.2. Ensuring that the Services are used securely and appropriately by authorized users, taking reasonable precautions against unauthorized access,
      • 12.17.3. Implementing all reasonable measures to mitigate risks involved in transmitting, storing, and managing Customer Data, including encryption and access control,
      • 12.17.4. Promptly notifying Kalaam about any unauthorized Service use or security breaches and cooperating with Kalaam’s security investigations.
    • 12.19. Data Management:
      • (a) Data Backup:The Customer must maintain an up-to-date copy of their data and program out of Kalaam systems. If using Kalaam’s Cloud Backup Services, it is the Customer’s duty to execute, test, restore, and monitor data integrity.
      • (b) If specified under the availed service and/or proposal, Kalaam will employ reasonable technical and organizational security measures to protect Customer data against loss, alteration, or unauthorized access.
  • 13. Data Privacy:
    • 13.1. Kalaam may retain Customer’s personal information provided pursuant to this Clause or otherwise in accordance with the terms of the Agreement, and Kalaam’s Privacy Policy, which is available at its website (https://kalaam-telecom.com/privacy-policy/). The policy may be amended from time to time. The Privacy Policy details the type of information Kalaam collects from the Customer and how it is used.
    • 13.2. The Customer acknowledges that Kalaam, its agents and affiliates, and third party providers of the Service, may access, process and disclose the Customer’s information, including any personal data as defined by the Royal Decree No. (M/19) of 2021 and its amendments Issuing the Personal Data Protection Law (the “PDPL”) and its implementing regulations, to third parties, including but not limited to independent contractors, service providers, joint venture partners, whether in the Kingdom of Saudi Arabia or in other jurisdictions which may not afford the personal data with a similar level of regulatory safeguards and protections, to provide the Service, as well as to market and advertise other services to the Customer. By entering into this Agreement, the Customer expressly consents and opts-in to such direct marketing unless and until the Customer revokes or withdraws such consent (i.e. opts-out) by issuing an explicit written notice to Kalaam at any time during the Contract Term. Such revocation of consent to direct market shall not affect any provision of this Agreement.
    • 13.3. The Customer agrees to use the SMS service only where recipients have provided prior consent to receive such messages, either explicitly or through an existing commercial relationship where the recipient would reasonably expect to receive Commercial SMS messages from the Customer. The Customer shall maintain accurate and up-to-date records of recipient consents and shall provide such records to Kalaam upon request. The Customer is strictly prohibited from sending SMS messages to any recipient who has expressed a desire not to receive such communications. Furthermore, the Customer shall implement and clearly communicate an opt-out mechanism, enabling recipients to unsubscribe from receiving further SMS messages at any time.
    • 13.4. Kalaam implements reasonable technical and organizational measures to protect personal data from loss, and unauthorized alteration or access, as required under applicable laws.
  • 14. Services Provisions: Kalaam may from time to time, after providing reasonable notice to the Customer in non-emergency situations:
    • 14.1. change the technical specification of the Service, provided that any changes do not materially affect the substance or the performance of the Service; or
    • 14.2. suspend the Service for operational reasons (such as planned maintenance or Service upgrades) or because of external factors.
  • Kalaam shall endeavor, before exercising any of its rights under this section, to give the Customer as much advance notice as is reasonably possible (at least 24 hours for non-emergency situations).
  • 15. Service Equipment provided by Kalaam: The Customer agrees that any equipment (including any software) provided to the Customer by Kalaam for the provision of the subscribed Service (the “Service Equipment”), (whenever applicable) supplied to the Customer by Kalaam will:
    • 15.1. remain the property of Kalaam (unless otherwise stated by Kalaam in writing) and be used by the Customer in accordance with any applicable instructions, safety and security procedures issued by Kalaam and/or the manufacturer of the Equipment, and the Customer will not add to, modify or in any way interfere with it nor allow any other persons to do so.
    • 15.2. be the Customer’s sole responsibility to protect from any loss or damage. In the event of any loss, damage, destruction or theft of Service Equipment, the Customer shall immediately inform Kalaam in writing, in which case, Kalaam shall immediately disconnect the Service if deemed necessary by Kalaam. Any reconnection of the Service shall be made upon written application by the Customer and approval of Kalaam. The Customer shall remain liable to pay all Charges (including call charges if any) incurred with respect to that Service Equipment or usage of Service until the Customer notifies Kalaam, at which time the Service may be suspended by Kalaam. The Customer shall reimburse Kalaam with the cost of the lost, damaged, or stolen Service Equipment if the cause of the same is determined to be due to the Customer’s mishandling or negligence. The Service Equipment may be replaced at the Customer’s request and may be subject to a replacement charge that is to be specified by Kalaam.
    • 15.3. The Service Equipment may be modified or updated as deemed necessary for improvements, enhancements, or maintenance purposes. The Customer will be notified of significant changes impacting the functionality or performance of the Service Equipment.
    • 15.4. The Customer acknowledges that any third party Service Equipment is provided on an “as-is” basis and that Kalaam makes no warranties, explicit or implied, regarding uptime, compatibility, or error-free operation beyond those provided by the third-party suppliers.
  • 16. Kalaam cannot guarantee that the Service provided will be free from faults and interruptions which arise from factors which are outside of Kalaam’s control, whether as a result of network performance, third party interference or otherwise. The Customer accepts that in some cases that they may not be able to receive the subscribed Service owing to certain technical restrictions that may arise, although Kalaam will undertake to restore the Service to mitigate the impact of a Service disruption. The restoration will be provided to the Customer free of charge should the interruption occur as a result of any maintenance services to Kalaam’s network or as a result of a fault in Kalaam’s equipment and/or infrastructure.
  • 17. Kalaam may terminate this Agreement and the provision of the Services by either:
    • 17.1. giving the Customer thirty (30) calendar days’ prior written notice; or
    • 17.2. with immediate effect in any of the following circumstances:
      • (a) where the Customer receives a Service for which Customer does not pay the Charges within the time frame set out in the Customer’s Bill(s). On termination, the Customer will be provided with a grace period of seven (7) calendar days to pay any outstanding Charges for the Service; or
      • (b) the Customer breaches a material term or condition set out in this Agreement. A material term or condition for these purposes includes, but is not limited to, any part of Clause 15; or
      • (c) Customer breaches any other term or condition set out in this Agreement and does not rectify the breach within seven (7) calendar days from having received notice from Kalaam to rectify the breach; or
      • (d) Customer becomes insolvent or bankrupt or is otherwise deemed unable to pay its debts as and when they fall due; or
      • (e) Kalaam has reason to believe that the Customer has not provided true, accurate, complete or up-to-date information as required.
  • 18. Liability and Indemnity:
    • 18.1. Kalaam shall not be liable to the Customer in any event for consequential, indirect or special damages or for loss of profit, and shall not otherwise be liable to the Customer except in the case of damages arising from the gross negligence, willful misconduct or fraudulent misrepresentation of Kalaam, its officers, employees, affiliates or subcontractors.
    • 18.2. The Customer will indemnify and defend Kalaam against all claims and proceedings whatsoever and howsoever arising (whether actual or threatened) arising out of Kalaam’s performance of its obligations under this Agreement and the Customer’s use of the Service, except to the extent of claims arising from Kalaam’s gross negligence or willful default.
    • 18.3. Nothing in this Agreement shall exclude or limit the liability of either party for death or personal injury resulting from the negligence of that party or its directors, officers, employees, contractors or agents, or, in respect of, fraud or of any statements made fraudulently by that party or its directors, officers, employees, contractors or agents;
    • 18.4. Events beyond Kalaam Reasonable Control: Kalaam shall not be liable to the Customer if it is unable to perform any obligation or provide the Services, or for damage incurred by the Customer, resulting from any factor outside Kalaam’s reasonable control, including (but not limited to) a Force Majeure Event.
    • 18.5. Notwithstanding any provision to the contrary contained in this Agreement, and subject to the below-stated exceptions, the total liability of Kalaam, together with its representatives, arising out of or in connection with the Services or this agreement, under any legal theory, shall not exceed 25% of the fees and charges payable by the Customer under this agreement over a 12-month period. The parties also agree that:
      • 18.5.1. Neither Kalaam nor its representatives shall be liable for any indirect, special, incidental, exemplary, consequential losses or damages, or for any loss of profits, income, business, business opportunities, data corruption or loss, anticipated savings, punitive damages, goodwill, reputation, or any other losses incurred, or claimed to be incurred, by the Customer or any third party.
      • 18.5.2. Kalaam assumes no liability for losses arising from external factors beyond its control, including but not limited to zero-day attacks, unknown vulnerabilities, denial of service attacks, malware, hacking attempts, network traffic or application utilization spikes, as well as any deficiencies in the Customer’s applications, codes, data structures, system software, operating systems, or vendor-supplied patches.
    • 18.6. These limitations of liability are a fundamental part of the agreement and represent a mutually agreed allocation of risk, forming part of the consideration for Kalaam services. These limitations shall remain in effect even if any remedy fails in its essential purpose.
  • 19. Notices
    • 19.1. Any notice to be given by the Customer to Kalaam shall only be effective where served in writing and delivered to Kalaam Customer Care Centre, located on Building no. 3840, King Fahad Ibn Abdulaziz Saud, Al Khalidiyah Ash Shamaliyah District, Dammam, Kingdom of Saudi Arabia.
    • 19.2. Any notice to be given by Kalaam to the Customer shall be effective where it is served through media communication, in writing and delivered to the address, or to any relevant e-mail address or facsimile number of the Customer as set out in the Proposal, Service Order Form, or Purchase Order.
  • 20. Billing:
    • 20.1. The billing date will commence on the service activation date.
    • 20.2. Prices are in the currency set out in the Commercial Offer of this Proposal.
    • 20.3. All prices quoted by Kalaam are confidential and for the benefit of the Customer only.
    • 20.4. All Service fees are exclusive of value added tax (VAT) unless specified. The Customer will be required to pay any VAT and any other applicable taxes that may become due and payable in addition to the fees chargeable for the Service as part of the Charges.
    • 20.5. Kalaam does not refund the cost for undeliverable messages. Kalaam does not guarantee delivery of the SMS to recipients due to possible errors. Kalaam debits transmitted SMS’s according to its transmission logs. These logs are deemed correct and valid even if the customer has objected to the correctness of the accounting records, except if an investigation carried out by Kalaam discovered evidence of a technical problem or error.
    • 20.6. All SMS purchased via an advance [pre-paid] service, must be used in the validity period from the date of purchase. No carry forward of the remaining balance will be made.
    • 20.7. The Customer should be aware that due to the volatile nature of the SMS business, Kalaam will provide its Customers with a One (1) day advance written notice. The amendment of prices is subjected to the changes in regulation by the government as well as the telecom regulatory authority rules and regulations which are outside the control of Kalaam. This term applies for Prepaid, Postpaid, and Pay-as-You-Go services.
    • 20.8. The Customer agrees that it will pay these charges to Kalaam promptly and in any event by the payment due date printed on the bill issued by Kalaam. Where the payment becomes overdue, Kalaam may suspend or terminate the Services.
    • 20.9. The Customer agrees that it will remain responsible for all Charges incurred as a result of a third party accessing the Customer’s account and utilizes the Services within the Customer’s credit limit without permission, save from the time that the Customer notifies Kalaam of such unauthorized access and utilization, and Kalaam suspends the Services. Notifications to Kalaam can either be achieved by calling: +966920014784 or e-mailing:  [email protected].
    • 20.10. Payment of all sums due to Kalaam under the Agreement shall be paid by the Customer in full (without any set-off, deductions or withholdings whatsoever) by electronic bank transfer, or such payment modes as may be reasonably specified by Kalaam from time to time.
  • 21. Miscellaneous
    • 21.1. Kalaam may vary its terms of this Agreement by providing thirty (30) days written notice to the Customer. Where Kalaam’s changes have a material impact on the Customer by a reduction of its rights or increase of its obligations, the Customer may terminate the Agreement without any early termination charges by providing written notice within thirty (30) days from date of receipt of such variation notice. A lack of response from the Customer or notice to terminate within the aforesaid period shall be deemed acceptance by the Customer of the varied terms of the agreement. The varied terms shall be considered binding on the Customer thereafter or on the date specified in the variation notice.
    • 21.2. The Customer understands that all rights, titles and interests (including all intellectual property rights) in the Services remain vested in Kalaam (and/or its suppliers where applicable) and nothing in this Agreement shall operate as a transfer or license to the Customer of the same. The Customer agrees not to do anything to limit, interfere with, or otherwise jeopardize in any manner such rights, title and interest.
    • 21.3. Kalaam mobile app: Customer has accepted the Kalaam End User License Agreement (EULA) mentioned when downloading the app from Google Play Store or Apple Store. EULA is also available on kalaam-telecom.com.
    • 21.4. The Customer hereby accepts the EULA of each supplier whose services are provided to the Customer as part of the subscribed Services.
    • 21.5. Kalaam may assign, novate or sub-contract any of its rights or obligations under this Agreement. The Customer shall not be entitled to assign, novate, sub-contract or otherwise dispose of any of its rights or obligations under this Agreement (unless otherwise agreed by Kalaam in writing).
    • 21.6. Where a violation is detected by Kalaam, Kalaam shall immediately suspend or cancel the service without prior notice.
    • 21.7. For the avoidance of doubt, Kalaam shall not be monitoring the content of any Commercial SMS messages sent by the Customer, Kalaam shall not be responsible for the content of such messages and the recipient’s information of any Commercial SMS messages sent by the Customer shall not be used by Kalaam.
    • 21.8. Save as expressly provided under this Agreement, all other warranties whether express or implied are hereby excluded to the fullest extent permissible by law.
    • 21.9. The Customer hereby represents and warrants to Kalaam that the Customer has full power, capacity and authority to enter into this agreement and that all information supplied by the Customer to Kalaam is true, accurate and complete in all respects. In the event that the signatory of this Proposal, Service Order Form or Purchase Order does not have the legal capacity to bind the Customer, such signatory shall be held personally liable to fulfill the Customer’s obligations set out in this agreement.
    • 21.10. Complaints Procedures: The Customer may submit complaints in writing or electronic mail in relation to Kalaam’s Services or any matter related and that has been mentioned in contract, agreement, or any other documents executed between the Customer and Kalaam, to Kalaam Telecom Customer Care Centre at Building no. 3840, King Fahad Ibn Abdulaziz Saud, Al Khalidiyah Ash Shamaliyah District, Dammam, Kingdom of Saudi Arabia, email address: [email protected]. Upon receipt of the complaint, Kalaam shall investigate the matter and revert to Customer within fourteen (14) Business Days and best endeavor to resolve any complaint amicably. However, the provisions of this Clause do not prejudice Customer’s rights under the Telecommunication and Information Technology Act and regulations of the Kingdom of Saudi Arabia to refer the matter to the Communications, Space & Technology Commission (CST) Authority, five (5) days after submitting such complaint to Kalaam. Customers may submit the complaint via CST’s website.
    • 21.11. Any failure or delay by Kalaam to exercise or enforce any rights or provision of this agreement shall not constitute a waiver of future enforcement of that or any other provision. No waiver of any provision of this agreement shall be effective unless issued in writing by the Party granting the waiver.
    • 21.12. This agreement shall be governed by the laws of the Kingdom of Saudi Arabia. The parties shall submit to the jurisdiction of the courts of the Kingdom of Saudi Arabia to resolve any dispute arising from or relating to the agreement.
    • 21.13. If any part of this agreement is found to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect. The unenforceable provision shall be deemed amended to the minimum extent necessary to establish its validity and enforceability, preserving as closely as possible its original intent and purpose within the limits of applicable law. This agreement shall be binding upon and inure to the benefit of the Parties and their respective successors, assigns, and legal representatives.
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