BLACK OPTIC
TERMS AND CONDITIONS
1. DEFINITIONS
1.1 BLACK OPTIC refers to BLACK OPTIC, its successors-in-interest and permitted assigns.
1.2 BLACK OPTIC Office shall include all designated BLACK OPTIC offices, including the head office, regional offices and customer care centres. Addresses of all offices are available at [website].
1.3 User(s) means any person utilising the services provided by BLACK OPTIC, including the subscriber named in the Customer Agreement Form and any person permitted by the subscriber to use the connection.
1.4 "Service" means access to the internet provided by BLACK OPTIC to the User, together with any TV, voice, or value-added features introduced from time to time by BLACK OPTIC.
1.5 "IDs / Passwords" means such secret code(s) as BLACK OPTIC may issue to the User from time to time for the purpose of using the Service.
1.6 "Equipment" means the ONT/ONU, modem, router, TV box, power adaptor, optical fiber drop cable, ethernet cable and any other device, accessory or cabling provided or installed by BLACK OPTIC for use with the Service. For the avoidance of doubt, "Equipment" includes any item that is rented to the User or otherwise required to be returned to BLACK OPTIC upon termination or cancellation of the Service.
1.7 "CAF" means the Customer Agreement Form signed by the User, which together with these Terms and Conditions constitutes the Agreement.
1.8 "PTA" means the Pakistan Telecommunication Authority. "PECA" means the Prevention of Electronic Crimes Act, 2016.
1.9 "Premises" means the single address specified in the CAF at which the Service is installed.
2. FEES, RATES AND CHARGES
2.1 The subscription fees, usage charges and other fees for the Service shall be as stated in BLACK OPTIC's published tariff, which is subject to revision from time to time in accordance with Clause 12.
2.2 The User shall pay the monthly service fees and all other charges in accordance with the subscribed package.
2.3 All charges are exclusive of taxes. The User shall pay all applicable federal and provincial taxes, duties and levies on the Service, including sales tax on services and advance income tax under Section 236 of the Income Tax Ordinance, 2001.
2.4 BLACK OPTIC may charge nominal fees for service modifications, including changes in subscription plan, relocation of the connection, additional cabling, restoration after suspension, and replacement of Equipment.
2.5 FREE CABLE ENTITLEMENT. Ethernet cable up to ten (10) metres per TV box and fiber optic cable up to fifty (50) metres per ONT is provided free of cost. Cable in excess of these limits shall be charged at Rs. 20 + tax per metre (ethernet) and Rs. 40 + tax per metre (fiber optic), or at such revised rates as BLACK OPTIC may notify.
2.6 Any new federal or provincial tax, rate or levy, or any increase in the same, shall have immediate effect on the prices stated in the Agreement and shall be borne by the User.
3. BILLING AND PAYMENT
3.1 The billing cycle shall be activated from the day the Service is activated and acknowledged by the User.
3.2 Billing statements shall be sent to the email address registered at the time of subscription, with intimation to the registered contact number, and shall also be accessible through the User's account portal at [website].
3.3 ALL PAYMENTS MUST BE MADE ONLINE, THROUGH BLACK OPTIC'S OFFICIAL DESIGNATED COMPANY BANK ACCOUNT OR OFFICIAL ONLINE PAYMENT CHANNELS ONLY. The list of authorised payment channels and the official company account details are published at [website/payment page].
3.4 THE USER SHALL NOT MAKE ANY PAYMENT IN CASH OR OTHERWISE TO ANY INDIVIDUAL, EMPLOYEE, TECHNICIAN, INSTALLER, AGENT, DEALER, FRANCHISEE OR REPRESENTATIVE, WHETHER OR NOT SUCH PERSON CLAIMS TO BE AUTHORISED BY BLACK OPTIC. BLACK OPTIC shall bear no liability whatsoever for any amount paid to any person, or into any account, other than the official channels notified under Clause 3.3. Any such payment shall not be credited to the User's account, and the User shall remain liable for the full amount due.
3.5 THE USER IS ENTITLED TO, AND SHALL OBTAIN, A COMPLETE OFFICIAL INVOICE OR SYSTEM-GENERATED RECEIPT FOR EVERY PAYMENT MADE TO BLACK OPTIC, WITHOUT EXCEPTION. No payment shall be considered valid or credited to the User's account unless it is supported by an official BLACK OPTIC invoice or receipt bearing a verifiable transaction or receipt number. The User shall retain a copy of every payment confirmation.
3.6 If any person demands payment through a channel other than those notified under Clause 3.3, or fails to provide an official invoice or receipt under Clause 3.5, the User shall immediately report the matter to the BLACK OPTIC helpline at [number] or [email].
3.7 The User shall verify, before making any payment, that the account title and account number match those published at [website/payment page]. BLACK OPTIC shall not be responsible for payments made to fraudulent, cloned or expired account details obtained from any other source.
3.8 The following details must be entered correctly and in BLOCK LETTERS when making any payment, to avoid error or delay:
a) Complete registered mobile number;
b) Complete customer name / Customer ID;
c) Correct payment amount as reflected in the invoice under "Total Amount Due".
3.9 The User must ensure that the registered mobile number used at the time of payment is registered against an active BLACK OPTIC account. In case of any doubt, the User may call the helpline for verification.
3.10 Users shall be charged in advance for all services, save where otherwise expressly stated.
3.11 The billing cycle remains active throughout each calendar month. The User must make payment every month in order to keep the account operational, even where the Service has not been utilised during that month.
3.12 If the User disputes a billing statement, the User shall notify BLACK OPTIC in writing within seven (7) days of the billing statement date, identifying the disputed portion and providing substantiation. Failing such notice, the billing statement shall be final and conclusive. Any amount resolved in the User's favour shall be adjusted in the next billing statement. Any disputed amount determined to be payable to BLACK OPTIC shall be paid within seven (7) days of resolution, failing which it shall be treated as overdue.
3.13 BLACK OPTIC reserves the right to suspend or terminate the Service where the User is in arrears.
3.14 ALL PAYMENTS MADE TO BLACK OPTIC ARE NON-REFUNDABLE AND NON-TRANSFERABLE, save as expressly provided in Clause 4.3 or as required by applicable law or a PTA directive.
3.15 In case of suspension of the Service due to arrears, no adjustment or reversal of payment shall be processed.
3.16 In case of non-utilisation of the Service without a prior written notice of temporary suspension, no adjustment or reversal of payment shall be processed.
3.17 For any temporary suspension, the User shall clear all outstanding dues and email the specific period of suspension to BLACK OPTIC at [billing email] in advance.
3.18 IN CASE THE SERVICE IS DISCONTINUED, SUSPENDED OR TERMINATED FOR ANY REASON WHATSOEVER, ALL UNPAID BILLS, APPLICABLE FEES AND PENALTY CHARGES SHALL IMMEDIATELY BECOME DUE AND DEMANDABLE, without prejudice to the right of BLACK OPTIC to raise supplementary bills for unpaid charges discovered thereafter, and to pursue recovery through lawful means.
4. SUBSCRIPTION REQUEST, DEPLOYMENT AND REFUND
4.1 The User shall apply for a connection through the BLACK OPTIC website, mobile application, booking helpline, or any BLACK OPTIC Office.
4.2 The User shall deposit the initial subscription and installation charges through the official channels specified in Clause 3.3, after which BLACK OPTIC shall, within ten (10) working days of receipt of payment and completion of documentation, deploy the Service at the User's Premises, or confirm in writing or orally that the Service cannot be provided at the requisite area or premises.
4.3 Where the User's area is not under coverage, or where it becomes technically impossible or commercially unviable for BLACK OPTIC to provide the Service for any reason whatsoever, BLACK OPTIC shall refund the full amount paid by the User within thirty (30) working days of receipt of the refund request, after deduction of survey or site-visit costs actually incurred, if any.
4.4 The deployment timeline under Clause 4.2 is subject to the User providing safe and unobstructed access to the Premises, a suitable and continuous power supply, adequate space and earthing, and all permissions required from the landlord, building management, housing society, cantonment board or local authority. Any delay attributable to the User, to a third party, or to force majeure shall extend the timeline accordingly.
4.5 Acceptance of any application is at the sole discretion of BLACK OPTIC and is subject to technical feasibility, network availability, satisfactory verification of the User's particulars, and credit assessment.
4.6 In compliance with PTA regulations, the User shall provide a valid CNIC / NICOP / Passport (with valid visa for foreign nationals), proof of address, and such other documents or biometric verification as BLACK OPTIC or PTA may require. Provision of false or forged information constitutes a material breach and may attract liability under PECA and the Pakistan Penal Code, 1860.
5. FAIR USAGE POLICY
5.1 All BLACK OPTIC connections are subject to a Fair Usage Policy ("FUP"). The objective of the FUP is to prevent network abuse and to ensure that the experience of the entire customer base is not compromised.
5.2 A BLACK OPTIC CONNECTION IS PROVIDED FOR A SINGLE HOUSEHOLD OR SINGLE PREMISES ONLY, with no further distribution, sharing, subletting or redistribution of the Service, and shall not reflect any erroneous or abusive upload or download behaviour.
5.3 The FUP further requires the User to comply with all policies and directives issued by PTA, including those relating to illegal VoIP, video conferencing, grey traffic and unauthorised VPN usage.
5.4 BLACK OPTIC reserves the right to suspend, downgrade, rate-limit or terminate any connection that does not comply with the FUP.
5.5 Advertised speeds are maximum achievable "up to" speeds measured at the network termination point. Actual throughput depends on the User's device, in-premises wiring, Wi-Fi conditions, concurrent usage and international bandwidth availability.
6. AUTHORISED USER, ACCOUNT USE AND RESPONSIBILITIES
6.1 The User acknowledges that the User is eighteen (18) years of age or older and has the legal authority to enter into this Agreement. The User shall promptly notify BLACK OPTIC in writing, within seven (7) days, of any change in personal, contact or billing information.
6.2 The User is responsible for all use of the Service and the account, and shall pay for all activity associated with the User's account. The User shall comply with all applicable laws, rules, regulations and directives of the Government of Pakistan and PTA, including PECA, in the use of the Service.
6.3 ALL USAGE OF THE EQUIPMENT AND OF THE SERVICE SHALL BE CONCLUSIVELY PRESUMED TO HAVE BEEN MADE BY OR AUTHORISED BY THE USER, who shall be liable for all charges and all consequences arising from such use, including use by family members, guests, employees, tenants, or any other person given access to the Premises or to the User's Wi-Fi network.
6.4 OWNERSHIP OF ALL EQUIPMENT INSTALLED BY BLACK OPTIC — INCLUDING THE ONT/ONU, ROUTER, TV BOX AND ALL CABLING — SHALL AT ALL TIMES REMAIN WITH BLACK OPTIC. The User holds the Equipment in trust for and on behalf of BLACK OPTIC. No right, title or interest in the Equipment passes to the User at any time, notwithstanding any installation charge paid.
6.5 UPON DISCONNECTION, CANCELLATION OR TERMINATION OF THE SERVICE FOR ANY REASON WHATSOEVER, ALL EQUIPMENT SHALL BE RECOVERED BY AND RETURNED TO BLACK OPTIC. The User shall return all Equipment in good working order to the nearest BLACK OPTIC Office within seven (7) days of confirmation of termination, or shall permit BLACK OPTIC personnel to attend the Premises to recover the same. The User shall not obstruct or refuse such recovery.
6.6 Where the Equipment is not returned within the period stated in Clause 6.5, or is returned in damaged, incomplete or non-working condition, the User shall be liable for the full prevailing replacement cost of the Equipment, which may be recovered from any security deposit held and/or directly from the User through lawful means.
6.7 REPAIR, MAINTENANCE AND WARRANTY. As possessor and actual user of the Equipment, the User shall be responsible for all repair or replacement costs arising from loss of or damage to the Equipment, whether caused by fire, theft, vandalism, accident, liquid spillage, power fluctuation, lightning, improper operating conditions or negligence by the User or any person other than BLACK OPTIC. Such costs shall be charged at the time repair or replacement is sought.
6.8 All Equipment issued or purchased from BLACK OPTIC carries a warranty period of six (6) months covering free replacement for manufacturing defects only. The warranty does not apply where the Equipment is damaged due to misuse, abuse, negligence, improper power or operational conditions, unauthorised repair or alteration, physical damage, spillage of liquids or food, or use with equipment not approved by BLACK OPTIC. Warranty claims are subject to inspection by the BLACK OPTIC technical team, whose decision shall be final and conclusive.
6.9 NOTICE OF LOSS. The User shall immediately report any loss or theft of the Equipment to the BLACK OPTIC helpline or any BLACK OPTIC Office, followed by a written Notice of Loss within twenty-four (24) hours of discovery. The User shall remain responsible for any use of the Service for twenty-four (24) hours after BLACK OPTIC's receipt of the Notice of Loss, and shall remain liable for monthly service fees during any period of temporary disconnection.
6.10 THE USER SHALL NOT OPEN, TAMPER WITH, MODIFY, RE-FLASH, REPAIR, RELOCATE, ENCUMBER, PLEDGE, SELL OR PART WITH POSSESSION OF THE EQUIPMENT, nor permit any third party to do so. The User shall not tamper with, bypass or interfere with the BLACK OPTIC network, distribution boxes, fiber cable, splitters or junction boxes. Any tampering renders the User liable for the full replacement cost and may constitute an offence under PECA.
6.11 TRANSFER OF OWNERSHIP. The User shall not transfer, assign or encumber the connection, the Equipment, or any right arising from the subscription without the prior written consent of BLACK OPTIC. BLACK OPTIC reserves the right not to honour any such transfer and to immediately disconnect the Service.
6.12 THE USER SHALL NOT RESELL, SUBLET, SHARE, REDISTRIBUTE OR OTHERWISE MAKE THE SERVICE AVAILABLE TO ANY OTHER PERSON OR PREMISES, WHETHER TEMPORARILY OR PERMANENTLY, AND WHETHER OR NOT FOR CONSIDERATION, without the prior written consent of BLACK OPTIC. Where the User does so, the User shall remain solely and fully liable for all consequences and obligations under applicable law, and BLACK OPTIC shall bear no responsibility.
6.13 A RESIDENTIAL CONNECTION SHALL NOT BE USED FOR ANY COMMERCIAL PURPOSE, including cyber cafés, gaming zones, hotspot businesses, wireless distribution networks, sub-ISP operations, call centres or VoIP gateways. Commercial requirements must be served under a separate commercial connection at the applicable tariff.
6.14 The User shall abide by generally accepted standards of conduct and shall not send, transmit, host or access any message or material that is unlawful, blasphemous, defamatory, invasive of privacy, obscene, offensive, seditious, or which glorifies terrorism or promotes hatred or violence, or which contains viruses, worms, malware or any code designed to interrupt, destroy or limit the functionality of any equipment, software, hardware or network. The User is specifically prohibited from setting up any web server, file-sharing server, gaming server or similar server without prior written consent.
6.15 The User shall keep all IDs, passwords and Wi-Fi credentials confidential, shall change all default credentials, and shall immediately report any suspected unauthorised use.
6.16 Wi-Fi access point configuration support is provided only through the BLACK OPTIC customer support helpline.
7. PRIVACY POLICY AND LEGAL COMPLIANCE
7.1 BLACK OPTIC provides the Service under licence and/or authorisation issued by PTA under the Pakistan Telecommunication (Re-organization) Act, 1996.
7.2 BLACK OPTIC reserves the right to provide account and User information to third parties as required or permitted by law (including in response to a court order, subpoena or lawful demand), and to cooperate with regulators and law enforcement authorities in the investigation of any criminal or civil matter. Such cooperation may include monitoring of the BLACK OPTIC network consistent with applicable law.
7.3 BLACK OPTIC is legally obliged to provide lawful interception and monitoring capability to authorised agencies under the Pakistan Telecommunication (Re-organization) Act, 1996, PECA, the Investigation for Fair Trial Act, 2013, and applicable PTA licence conditions; to retain traffic data and subscriber records for the period prescribed by PTA or under Section 32 of PECA; and to block, filter or restrict access to any content pursuant to a lawful direction. The User consents to the foregoing, and such disclosure shall not constitute a breach of confidentiality by BLACK OPTIC.
7.4 BLACK OPTIC is required by law to report any facts or circumstances from which it appears there may be a violation of the laws of Pakistan, and reserves the right to report such information, including the identity of Users and account information, to law enforcement personnel.
7.5 THE USER IS REQUIRED TO ABIDE BY ALL APPLICABLE LAWS. BLACK OPTIC SHALL NOT BE HELD RESPONSIBLE FOR ANY MISUSE OF THE SERVICE BY THE USER OR BY ANY PERSON USING THE USER'S CONNECTION. Where the Service is found to be used in violation of applicable laws, rules, regulations or directives issued by the Government of Pakistan or PTA, BLACK OPTIC reserves the right to terminate the Service with immediate effect and without any notice.
7.6 Further details of how BLACK OPTIC collects, uses and protects personal data are set out in the Privacy Policy at [link].
8. REPRESENTATIONS AND WARRANTIES
8.1 While every care is taken by BLACK OPTIC in the provision of the Service, BLACK OPTIC shall not be liable for any loss of information howsoever caused, whether as a result of any interruption, suspension or termination of the Service or otherwise for any reason whatsoever, nor for the contents, accuracy or quality of information available, received or transmitted through the Service.
8.2 The User shall be solely responsible, and BLACK OPTIC shall not be liable in any manner whatsoever, for ensuring that in using the Service all applicable laws, rules, regulations and directives, including those prescribed by PTA for the use of any telecommunications system, service or equipment, are at all times complied with.
8.3 While every care is taken by BLACK OPTIC in the provision of the Service, BLACK OPTIC shall not be liable for any misuse of the User's account or credentials.
8.4 The Service is provided on a best-effort basis. BLACK OPTIC does not warrant uninterrupted, error-free or fault-free service. The Service may be temporarily unavailable due to planned maintenance, upgrades, fiber cuts, power failure, submarine cable faults or third-party actions.
8.5 THE USER ACKNOWLEDGES THAT INTERNET OR BROADBAND SERVICES MAY BE SUSPENDED, RESTRICTED OR SHUT DOWN IN ANY AREA PURSUANT TO AN ORDER OF THE FEDERAL OR PROVINCIAL GOVERNMENT OR PTA. NO COMPENSATION, CREDIT OR REFUND SHALL BE PAYABLE IN RESPECT OF ANY SUCH LAWFUL SUSPENSION.
9. EXCLUSIONS AND LIMITATIONS OF LIABILITY
9.1 BLACK OPTIC reserves the right to disconnect the Service at any time should any Equipment or other User equipment be found to cause harmful interference to the BLACK OPTIC network or degradation in the quality of Service. The User agrees to hold BLACK OPTIC free and harmless from any liability arising from such disconnection.
9.2 BLACK OPTIC is not responsible for loss of data. The User shall be responsible for backing up the User's own data files in a location not provided by BLACK OPTIC.
9.3 BLACK OPTIC shall not be liable for any indirect, incidental, special, consequential, punitive or exemplary loss, or for loss of profit, revenue, business, goodwill, data, opportunity or anticipated savings, howsoever arising.
9.4 THE AGGREGATE LIABILITY OF BLACK OPTIC IN RESPECT OF ANY AND ALL CLAIMS ARISING IN ANY PERIOD OF TWELVE (12) MONTHS SHALL NOT EXCEED THE TOTAL SUBSCRIPTION CHARGES (EXCLUDING TAXES) ACTUALLY PAID BY THE USER IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
9.5 INDEMNITY. The User shall indemnify and hold harmless BLACK OPTIC, its directors, officers, employees and agents against all claims, demands, actions, losses, damages, fines, penalties, costs and expenses (including reasonable legal fees) arising out of the User's breach of this Agreement, any unlawful or unauthorised use of the connection, any subletting or sharing of the connection, or any third-party claim relating to content transmitted or received over the connection.
9.6 Nothing in this Clause excludes or limits any liability which cannot lawfully be excluded or limited under the laws of Pakistan.
10. TERMINATION
10.1 The start date of the Service shall be the date the link is activated and acknowledged by the User.
10.2 This Agreement shall remain in force until terminated in accordance with the terms contained herein.
10.3 The User may terminate the Service by forwarding a written request to [billing email], stating the reasons for termination. The User shall clear all outstanding dues and return all Equipment to a BLACK OPTIC Office within seven (7) days of confirmation of termination.
10.4 SHOULD THE USER BE IN BREACH OF ANY OF THESE TERMS, BLACK OPTIC MAY TERMINATE THE SERVICE IMMEDIATELY AND WITHOUT NOTICE, without any termination damages payable to the User and without prejudice to BLACK OPTIC's right to claim damages for such breach.
10.5 Without limiting Clause 10.4, BLACK OPTIC may terminate the Service with immediate effect and without notice where:
(a) the Service is used in contravention of any applicable law or directive of the Government of Pakistan or PTA;
(b) the connection is transferred, sublet, shared, resold or used for commercial purposes;
(c) the User has provided false or forged information;
(d) the Equipment or network has been tampered with; or
(e) BLACK OPTIC is directed to do so by PTA, a court or any competent authority.
10.6 If the account remains suspended for a period of thirty (30) days without any notice of temporary suspension from the User, the account shall be terminated altogether without prior notification, and the User shall return all Equipment within seven (7) days of confirmation of termination.
10.7 TERMINATION OR DISCONNECTION FOR ANY REASON SHALL NOT ABSOLVE THE USER OF THE RESPONSIBILITY OF CLEARING ALL UNPAID DUES.
10.8 Clauses 3.14, 3.18, 6.4 to 6.6, 7, 9, 10.7 and 16 shall survive termination of this Agreement.
11. ASSIGNMENT
11.1 The Service, the connection, and the IDs/Passwords issued to the User shall not be assigned, transferred or sublet to any other party without the prior written consent of BLACK OPTIC.
11.2 BLACK OPTIC may assign or novate this Agreement, in whole or in part, to any successor, affiliate or permitted assign, or upon any transfer of its licence with PTA approval.
12. VARIATION OF TARIFFS AND CHARGES
12.1 BLACK OPTIC MAY REVISE ITS MONTHLY CHARGES, TARIFFS, PACKAGES AND FEES — WHETHER FOR INTERNET, VOICE OR TV SERVICES — FROM TIME TO TIME, SUBJECT TO COMPLIANCE WITH APPLICABLE PTA REQUIREMENTS.
12.2 ANY INCREASE IN MONTHLY CHARGES SHALL BE NOTIFIED TO USERS BY PUBLICATION ON THE BLACK OPTIC WEBSITE AT [WEBSITE], AND SHALL ADDITIONALLY BE COMMUNICATED BY SMS, EMAIL OR INVOICE TO THE REGISTERED CONTACT DETAILS OF AFFECTED USERS. The revised charges shall take effect from the date stated in the notification.
12.3 Continued use of the Service after the effective date of a revision shall constitute the User's acceptance of the revised charges. A User who does not accept a revision may terminate the Service in accordance with Clause 10.3, subject to clearance of all dues and return of Equipment.
12.4 Clause 12.2 shall not apply to increases resulting from the imposition of, or an increase in, any government tax, duty or levy, which shall take effect immediately in accordance with Clause 2.6.
13. TV SERVICE
13.1 TV services, where subscribed, are provisioned in the respective service areas by BLACK OPTIC and/or its affiliated licensed operators.
13.2 Channel feeds, channel line-ups and content are subject to change at the discretion of the concerned authorities, content owners and regulators, and BLACK OPTIC shall not be liable for any such change.
13.3 In case of subscription to more than one digital set-top box, monthly charges shall be levied for every additional subscription.
14. BUNDLES, PACKAGES AND ADD-ONS
14.1 All bundles and packages shall continue on the same terms unless the User notifies BLACK OPTIC within fifteen (15) days to revise the package.
14.2 The User may not downgrade or upgrade bandwidth during a promotional period.
14.3 Downgrades take effect only from the first (1st) of the following month. Upgrades may be made at any time, and a prorated invoice shall be raised accordingly.
14.4 Where a User upgrades from a single or double play to a triple play package, the difference in device cost shall be charged.
14.5 ALL BLACK OPTIC CONNECTIONS ARE FOR A SINGLE PREMISES ONLY AND MAY NOT BE SUBLET. In case of utilisation across multiple premises, BLACK OPTIC shall take action in accordance with Clauses 6.12 and 10.5.
14.6 Connectivity is assured only up to the BLACK OPTIC Equipment (ONT). In-premises wiring, Wi-Fi coverage and User devices beyond that point are the User's responsibility.
14.7 The scope of services does not include Voice over IP (VoIP), international VPN, public IP pools, or any other service falling outside the ambit of consumer-grade services or requiring a separate licence from PTA.
15. FORCE MAJEURE
15.1 BLACK OPTIC shall not have any liability whatsoever, nor be deemed to be in default, for any delay or failure in performance resulting from acts beyond its reasonable control, including acts of God, earthquake, flood, storm, fire, lightning, acts or regulations of any governmental, regulatory or supranational authority, internet shutdowns, war or national emergency, terrorism, riot, civil commotion, accident, equipment failure, software malfunction, electrical power failure or load-shedding, telecommunication or submarine cable failure, theft of network infrastructure, strikes, lock-outs, industrial disputes, or epidemics of infectious disease.
16. AMENDMENTS
16.1 BLACK OPTIC RESERVES THE RIGHT TO AMEND THESE TERMS AND CONDITIONS AT ANY TIME. Amendments shall be published on the BLACK OPTIC website at [website] with an updated "Last Updated" date, and material changes shall additionally be notified to registered Users by SMS, email or invoice.
16.2 Continued use of the Service after the effective date of any amendment shall constitute acceptance of the amended Terms. Users are advised to review this page periodically.
17. COMPLAINTS AND CONSUMER PROTECTION
17.1 BLACK OPTIC maintains a complaint-handling mechanism in accordance with the Telecom Consumers Protection Regulations, 2009. Complaints may be lodged at:
Helpline / UAN: [number]
Email: [email]
WhatsApp: [number]
Online: [complaint form URL]
Each complaint is assigned a unique complaint number.
17.2 BLACK OPTIC shall endeavour to resolve complaints within the timelines prescribed by PTA. If the User is not satisfied with the resolution, the complaint may be escalated internally to [escalation contact] and thereafter to the Pakistan Telecommunication Authority through PTA's Complaint Management System.
17.3 Nothing in these Terms derogates from any right available to the User under applicable consumer protection legislation.
18. GOVERNING LAW AND JURISDICTION
18.1 This Agreement shall be governed by and construed in accordance with the laws of the Islamic Republic of Pakistan.
18.2 The Parties shall first attempt to resolve any dispute amicably within thirty (30) days of written notice. Failing amicable settlement, and without prejudice to the User's right of recourse to PTA under Clause 17, any dispute shall be referred to arbitration by a sole arbitrator appointed by mutual agreement under the Arbitration Act, 1940, with the seat of arbitration at [City], Pakistan.
18.3 Subject to Clauses 17 and 18.2, the courts at [City], Pakistan shall have exclusive jurisdiction.
19. NOTICE
19.1 Any notice by BLACK OPTIC to the User may be served by SMS, email, invoice insert, courier, registered post at the address stated in the CAF, or by publication on the BLACK OPTIC website, and shall be deemed properly served and received on the date of dispatch or publication.
19.2 Any notice by the User to BLACK OPTIC shall be in writing and delivered by email to [email] or by courier or registered post to the registered office address stated below.
20. GENERAL
20.1 SEVERABILITY. If any provision of these Terms is held invalid, illegal or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable.
20.2 WAIVER. No failure or delay by BLACK OPTIC in exercising any right shall operate as a waiver, nor shall any single or partial exercise preclude any further exercise.
20.3 ENTIRE AGREEMENT. The CAF together with these Terms constitutes the entire agreement between the Parties and supersedes all prior representations, oral or written. Statements made by sales agents, dealers or franchisees which are inconsistent with these Terms shall not bind BLACK OPTIC.
20.4 ELECTRONIC RECORDS. This Agreement may be executed and evidenced electronically, and electronic records and signatures shall be valid and enforceable under the Electronic Transactions Ordinance, 2002.
20.5 LANGUAGE. These Terms are published in English. Any Urdu translation is for convenience only; in the event of conflict, the English text prevails.
CONTACT
BLACK OPTIC
Registered Office: [full address]
UAN / Helpline: [number]
Email: [email]
Website: [website]
Licensed by the Pakistan Telecommunication Authority.
Licence No.: [number]
These Terms and Conditions were last updated on [DD Month YYYY].
