Our Ref:……………… Dated: ………..
RE: OPINION ON SUBSCRIBER’S SUBSCRIPTION AGREEMENT
We refer to your letter dated 09.01.2005 regarding the captioned subject.
We have been sent the Subscription Agreement utilised by Sheba. ISL now intends to use the same for their subscribers under rural licence. In that situation, ISL has sent us the aforesaid agreement for vetting.
We have perused the aforesaid Agreement and our observations are as follows:
|01||Nomenclature and logo||The title of the Agreement “Shebaaccess Subscription Agreement” is suggested to be replaced with “ Subscription Agreement”.
The logo of Sheba is also required to be replaced.
The term “Sheba” is advised to be replaced with “ISL” throughout the entire Agreement.
|02||Address clause||In the bottom of page 1, address of Sheba Telecom is suggested to replace with the address of ISL.|
|03||1.2||We have not been told as to whether ISL shall run any radio communication system or not. If, they will run the system, then it is advised to replace the term “Shebaaccess” with “ISLaccess”. Otherwise the definition is suggested to be deleted.
Suggested replacement should be reflected throughout the entire Agreement.
|04||1.4 & 1.5||For the sake of clarity, it is advised to compile both the definitions in one as follows:
“Customer means the registered subscriber of the Service and/or the transmitter/receiver of accessory/equipment for carrying on a radio communication service in ISL access as the case may be.”
|05||4.3||As we understand, Tariff may also fall due. It is therefore advised to insert “Tariff” next to the word “fees”.|
|06||4.4||It is s advised to insert “Tariff” next to the word “ fees”.|
|07||5.1||Please ascertain whether ISL is agreeable to 30 days notice period.|
|08||5.3||The term “effective date of termination” may cause future complication. It is thereby advised to replace “prior or the effective date of termination” with “prior to the date of termination”.|
Subject to the above observations, the terms and conditions of the draft Agreement are otherwise in order.
Should you have any further query, please revert back to us.
For: “The Lawyers & Jurists”
M.L.Hotel Tower Ltd,208,Shahid Syed Nazrul Islam Sarani,
Bijoy Nagar, Dhaka-1000.