Terms and Conditions

Mena Telecom Terms & Conditions of Service

I have read the terms and conditions and acknowledge the following:

Mena Telecom General Terms and Conditions of Service:

Basic Definitions

In this document:

  1. "mena" means Mena Telecom WLL and its affiliates;
  2. "you," "your," "customer," and "user" mean an account holder or user with mena;
  3. "Device" means any phone, device, accessory or other product mena sells to you or that is active on your account with mena; and
  4. "Service" means mena offers, rate plans, options, wireless services or Devices on your account with mena.
  5. "Carrier Pre-Select Service" means your selection of one carrier to make calls.

The Subscriber Agreement

The Subscriber Agreement ("Agreement") is a contract under which mena provides and you accept mena Services. In addition to these Terms and Conditions of Service ("Ts&Cs"), there are several parts to the Agreement, including, but not limited to, the detailed plan or other information on Services mena provides or refer you to during the sales transaction, and any confirmation materials mena may provide you or which may be available on mena's website. It is important that you carefully read all of the terms of the Agreement.

Services Covered By These Ts&Cs & Additional Terms

These Ts&Cs apply to mena standard wireless Services and any other Service mena offers you that references these Ts&Cs. Additional terms will apply when you use certain Services, typically those you can access online (for example, picture/video Services, online forums, special service packages, promotions etc.). Additional terms will also apply if you activate Services as part of a bundle with another company's services. The additional terms for bundled Services may either modify or replace certain provisions in these Ts&Cs, including terms relating to activation, invoicing/payment, and disputing charges. Also, a different dispute resolution provision may apply to services provided by another company (the dispute resolution provisions in this Agreement still apply to mena's Services). You will be provided with details on any additional terms with your selection of any bundled Service.

Carrier Pre-Select Services

I understand:

That I am only able to have one Pre-Selected Operator for a Carrier Pre-Select Service and that I have chosen mena to provide this service (the "CPS Service"). This means that mena is my default operator for these calls.

That if I have an existing valid agreement with another Pre-Selected Operator that such an agreement may be affected by signing this Agreement with mena as I am only able to choose one CPS operator for the purposes of each service.

That when using a Pre-Selected Operator that certain services will not be available to me, such as calls to emergency services and to short codes, although I will be able to access these CPS Services directly through another operator.

I understand that the provision of the CPS Service is dependent on the operation of two telephone networks, however, in the event of any problem with the provision of the CPS Service, I shall immediately report that problem to mena's Customer Service HELP LINE NUMBER   07770 (open 24 hours 7 days a week) so that mena is able to take steps to resolve this problem for me. These calls will be charged at the same rate as a standard local call. I understand that if I call Batelco instead of calling mena Helpline when I have a problem with the CPS Service that I may be charged for making this call.

Mena Policies

Services are subject to mena business policies, practices and procedures ("Policies"), including, but not limited to, mena Privacy Policy and Acceptable Use Policy - both available at mena's website. You agree to all of mena's Policies when you use mena Services. Mena Policies are subject to change at anytime with or without notice.

When You Accept The Agreement

You must have the legal capacity to accept the Agreement. You accept the Agreement when you do any of the following: (a) sign a contract with mena on paper or electronically; (b) accept Agreement through an oral or electronic statement; (c) attempt to or in any way use the Services; (d) pay for the Services; or (e) open any package or start any program that says you are accepting the Agreement when doing so. If you don't want to accept the Agreement, then you should not do any of these things.

Term Commitments & Early Termination Dues

Many of the Services (for example, rate plans and Device discounts), that mena offers, require you to maintain certain Services with mena for a minimum term ("Term Commitment"). You will be charged against costs incurred by mena ("Early Termination Dues") for each line of Service that you terminate early (i.e., prior to satisfying the Term Commitment) or for each line of Service that mena terminates early for good reason (for example, violating the payment or other terms of the Agreement). Early Termination Dues shall be equivalent to the price of Device(s) and the total of monthly rental for the remaining period of the Term Commitment, when applicable.  Early Termination Dues are part of mena's rates. Your exact Term Commitment and  Early Termination Dues may vary based on the Services you select and will be disclosed to you during the sales transaction. Carefully review any Term Commitment and Early Termination Dues requirements prior to selecting Services. After you have satisfied your Term Commitment, your Services continue on a month-to-month basis without any Early Termination Dues, unless you agree to extend your Term Commitment or agree to a new Term Commitment. As explained directly below, there are instances when you will not be responsible for an Early Termination Dues for terminating Services early.

When You Don't Have To Pay Early Termination Dues

You are not responsible for paying Early Termination Dues when terminating Services: (a) provided on a month-to-month basis (or prepaid services); (b) in response to a materially adverse change mena makes to the Agreement as described directly below.

Mena's Right to Change the Agreement & Your Related Rights

Mena may change any part of the Agreement at any time, including, but not limited to, rates, charges, how mena calculates charges, or your terms of Service. Mena will provide you notice of material changes, and may provide you notice of non-material changes, in a manner consistent with this Agreement (see "Providing Notice To Each Other Under The Agreement" section). If a change mena makes to the Agreement is material and has a material adverse effect on Services under your Term Commitment, you may terminate each line of Service materially affected without incurring an Early Termination Dues only if you: (a) call mena within 30 days after the effective date of the change; and (b) specifically advise mena that you wish to cancel Services because of a material change to the Agreement that mena has made. If you do not cancel Service within 30 days of the change, Early Termination Dues will apply if you terminate Services before the end of any applicable Term Commitment.

Mena's Right To Suspend Or Terminate Services

Mena can, without notice, suspend or terminate any Service at any time for any reason, including, but not limited to: (a) late payment; (b) exceeding an Account Spending Limit ("ASL"); (c) harassing/threatening mena employees or agents; (d) providing false information; (e) interfering with mena operations; (f) using/suspicion of using Services in any manner restricted by or inconsistent with the Agreement;(g) breaching the Agreement, including mena's Policies; (h) providing false, inaccurate, dated or unverifiable identification or credit information, or becoming insolvent or bankrupt; (i) modifying a Device from its manufacturer specifications; (j) if mena believes the action protects mena's interests, any customer's interests or mena's network; or (k) utilizing residential packages for business means and visa-versa (for the avoidance of doubt, residential subscribers must apply to and/or utilize residential packages only and business subscribers must apply to and/or utilize business packages only).

In the event, mena suspends your service for any of the reasons provided above in sub clauses (a) to (k), monthly recurring charges shall continue to accrue and apply against your monthly bills for the remainder of your contract period until full payment of all outstanding amounts is made by you.

In the event, mena suspends your service for any of the reasons provided above in sub clauses (a) to (k) after the completion of your Term Commitment, you will be responsible for all outstanding monthly charges accrued, in addition to, all costs incurred by mena including but is not limited to legal fees or fees charged by external collection agencies to collect unpaid balances and any other actual costs incurred by Mena as a result of maintaining your account in its system until full payment of all outstanding amounts is made by you, and the service is terminated.

Your Ability To Change Services & When Changes Are Effective

You typically can change Services upon request. In some instances, changes may be conditioned on payment of Early Termination Dues or certain other charges, or they may require you to accept a new Term Commitment. Changes to Services are usually effective at the start of your next full invoicing cycle. If the changes take place sooner, your invoice may reflect pro-rated charges for your old and new Services.

Your Right To Terminate Services

You can terminate Services at any time by visiting any of mena's branches and signing an application requesting that mena deactivates the Services. You are responsible for all charges billed or incurred prior to deactivation. If Services are terminated before the end of your invoicing cycle, mena will not prorate charges to the date of termination and you will not receive a credit or refund for any unused Services. In addition to the above, you must also pay us Early Termination Dues for each line of Service that you terminate early.

Credit Checks & Credit Information

Mena agrees to provide you Services on the condition that you have and maintain satisfactory credit according to mena's standards and policies. You agree to provide information mena may request or complete any applications mena may provide you to facilitate mena's review. Mena may rely on the credit information you furnish, credit bureau reports or other data available from commercial credit reference services, and other information (such as payment history with mena) to determine whether to provide or continue to provide you Services. The Services mena offer you can vary based on your credit history. Mena may at any time, based on your credit history, withdraw or change Services, or place limits or conditions on the use of mena's Services. You agree to provide mena updated credit information upon request. Mena may provide your payment history and other account billing/charge information to any credit reporting agency or industry clearinghouse.

Account Spending Limits ("ASL")

An ASL is a temporary or permanent limit (typically based on credit history or to prevent fraud) mena places on the amount of unpaid charges you can accumulate on your account, regardless of when payment on those charges is due. Mena reserves the right to determine which charges count towards an ASL. If you have an ASL, mena may suspend your Services without prior notice if your account balance reaches the ASL, even if your account is not past due. Mena may impose or increase an ASL at any time with notice. An ASL is for mena's benefit only and should not be relied on by you to manage usage.

Deposits & Returning Deposits

Mena may at any time require a deposit, as a guarantee of payment, for you to establish or maintain Service ("Deposit"). By providing mena a Deposit, you grant mena a security interest for all current or future amounts owed to mena. Mena may change the Deposit at any time with notice. You cannot use a Deposit to make or delay payments. The Deposit, the length of time mena holds the Deposit, and changes to the Deposit are determined based on your credit history, payment history and other factors. Unless prohibited by law, mena may mix Deposits with its other funds and it will not earn interest and mena reserves the right to return the Deposit as a credit on your invoice at anytime. If your Services are terminated for any reason, mena may keep and apply your Deposit to any outstanding charges. Mena will send any remaining portion of the Deposit to your last known address within 90 days after your final invoice - if it is returned to mena, mena will forward it on to the appropriate authorities to the extent required by law.

Restrictions On Using Services

You cannot use mena Services: (a) to transmit content/messages that are, or in any manner that is, illegal, fraudulent, threatening, abusive, defamatory, racist, malicious, indecent or obscene; (b) in a way that could cause damage or adversely affect mena's customers, reputation, network, property or Services; (c) to communicate any unsolicited commercial voice, text, SMS, or other message; (d) to infringe on the copyright of another, or upload or transmit any "virus," "worm," or malicious code; or (e) in any way prohibited by the terms of mena's Services, the Agreement or mena's Policies.

Your Device, Number & E-mail Address; Caller ID

Mena does not manufacture any Device it might sell to you or that is associated with mena's Services, and mena is not responsible for any defects, acts or omissions of the manufacturer. The only warranties on your Device are the limited warranties given to you by the manufacturer directly or that mena passes through. Your Device is designed to be activated on the Mena Telecom network and in other coverage areas mena makes available to you. As programmed, it will not accept wireless service from another carrier. Except for any legal right you may have to port/transfer your phone number to another carrier, you have no and cannot gain any (for example, through publication, use, etc.) proprietary, ownership or other rights to any phone number, identification number, e-mail address or other identifier mena assigns to you, your Device or your account. Mena will notify you if it decides to change or reassign them.

Coverage; Where Your Device Will Work

Estimating wireless coverage and signal strength is not an exact science. Gaps in coverage are affected by a number of factors including but not limited to network problems, software, signal strength, your Device, structures, buildings, weather, geography, topography, etc. Fluctuations in these factors may result in dropped and blocked connections, slower data speeds, or otherwise impact the quality of Service.

About Data Services & Content

Mena's data Services and your Device may allow you to access the internet, text, pictures, video, games, graphics, email, sound and other materials ("Data Content") or send Data Content elsewhere. Some Data Content is available from mena or its vendors, while other Data Content can be accessed from others (third party websites, games, ringers, etc.). Mena makes absolutely no guarantees about the Data Content you access on your Device. Data Content may be: (1) unsuitable for children/minors; (2) unreliable or inaccurate; or (3) offensive, indecent or objectionable. You are solely responsible for evaluating the Data Content accessed by you or anyone on your account. Mena strongly recommends you monitor data usage by children/minors. Data Content from third parties may also harm your Device or its software. To protect mena's network, Services, or for other reasons, mena may place restrictions on accessing certain Data Content (such as certain websites, applications, etc.), impose separate charges, limit throughput or the amount of data you can transfer, or otherwise limit or terminate Services. If mena provides you storage for Data Content you have purchased, mena may delete the Data Content with notice or place restrictions/limits on the use of storage areas.

Specific Terms & Restrictions On Using Data Services

In addition to the rules for using all of mena's other Services, unless mena identifies the Service or Device you have selected as specifically intended for that purpose, you cannot use mena's data Services: (1) with server devices or host computer applications, or other systems that drive continuous heavy traffic or data sessions; and (2) as a substitute or backup for private lines or frame relay connections, unless mena identifies the Service or Device you have selected as specifically intended for that purpose. Mena reserves the right to limit, suspend or constrain any heavy, continuous data usage that adversely impacts its network performance or hinders access to its network. If your Services include web or data access, you also cannot use your Device as a modem for computers or other equipment, unless mena identifies the Service or Device you have selected as specifically intended for that purpose.

Activation & Miscellaneous Charges

Based on mena's Policies, mena may charge activation, reactivation, program or other fees to establish Services. Certain transactions may also be subject to a charge (for example, convenience payment, changing phone numbers, handset upgrades, Ex-Directory subscribers etc.). You will be provided notice of these types of fees before mena completes the requested transaction. For the purpose of this section, Ex-Directory subscribers shall mean any subscriber of mena who requests mena not to include his/her subscriber information in any directory information service.

Account & Service Charges;

You are responsible for all charges associated with your account and the Services on your account, no matter who adds or uses the Services. Charges include, but are not limited to, the monthly recurring charges, usage charges, surcharges and fees associated with your Services. These charges are described or referred to during the sales transaction, in mena's marketing materials, and in confirmation materials mena may send to you. If you (the account holder) allow end users to access or use your Devices, you authorize end users to access, download and use Services.

How Mena Calculates Your Charges For Billing Purposes                 

Regular Voice Calls: Mena rounds up partial minutes of use to the next full minute. Time starts when you press "Talk" or your Device connects to the network and stops when you press "End" or the network connection otherwise breaks. You are charged for all calls that connect, even to answering machines. You will not be charged for unanswered calls or if you get a busy signal. If charges vary depending on the time of day that you place or receive calls (e.g., Nights and Weekend plans), you are charged for the entire call based on the rate that applies to the time period in which the call starts. Data Usage: Unless mena specifically tells you otherwise, data usage is measured in bytes, kilobytes and megabytes - not in minutes/time. 1024 bytes equals 1 kilobyte ("KB"), and 1024 KB equals 1 megabyte. Bytes are rounded up to kilobytes, so you will be charged at least 1 KB for each data usage session ("data session"). Rounding occurs at the end of each data session, and sometimes during a data session. Depending on your data Services, usage may be charged against an allowance or on a fixed price per KB. If you are charged on a fixed price per KB, any fractional Fils will be rounded up to the next Fils. You are charged for all data directed to your Device's internet address, including data sessions you did not initiate and for incomplete transfers. As long as your Device is connected to mena's data network, you may incur data charges. Examples of data you will be charged for includes the size of a requested file or Data Content (game, ringer, etc.), web page graphics (logos, pictures, banners, advertisement, etc.), additional data used in accessing, transporting and routing the file on mena's network, data from partial or interrupted downloads, re-sent data, and data associated with unsuccessful attempts to reach websites or use applications. These data charges are in addition to any charges for the Data Content itself (game, ringer, etc.). Data used and charged to you will vary widely, even between identical actions or data sessions. Estimates of data usage - for example, the size of downloadable files - are not reliable predictors of actual usage. Your bill will not separately list the number of KB attributed to a specific action/data session.

Your Bill

Your bill provides you notice of your charges. It reflects monthly recurring charges (usually billed one bill cycle in advance) and usage/ transaction specific charges (usually billed in the bill cycle in which they are incurred). You will not be billed in the event you complete full payment of the Term Commitment fees in relation to prepaid services. Some usage charges, such as those that depend on usage information from a third party, may be billed in subsequent bill cycles and result in higher than expected charges for that month. Bill cycles and dates may change from time to time. Your bill may also include other important notices (for example, changes to this Agreement, to your Service, legal notices, etc.). Your paper bill may not include individual call detail. Paper bills with call detail may be subject to an additional charge. You will continue to be billed for Services(s)' monthly recurring charges after mena suspends your service for any of the reasons provided under section ("Mena's Right to Suspend or Terminate Services").

Your Payments; Dues as a Result of Delays in Payment

Payment is due in full as stated on your bill. If mena does not receive payment in full by the date specified on your bill, mena may charge you against all costs incurred by it to collect your outstanding amounts which may include any costs it pays to a collection agency to collect unpaid balances from you. If mena bills you for amounts on behalf of a third party, payments received are first applied to mena's charges. You may be charged additional fees for certain methods of payment. Mena may charge you, up to the highest amount permitted by law, for returned checks or other payments paid by you and denied for any reason by a financial institution. Acceptance of payments (even if marked "paid in full") does not waive mena's right to collect all amounts that you owe mena. Mena may restrict your payment methods to cashier's check, money order, or other similar secure form of payment at any time for good reason.

The above obligations shall not be applicable in the event you make full payment of the Commitment Term fees in relation to prepaid services.

Disputing Charges - You Must Still Pay Undisputed Charges

Any dispute to a charge on your bill must be made within 60 days of the date of the bill that initially contained the charge. Disputes can only be made by calling or writing to mena as directed on your invoice or elsewhere. You accept all charges not properly disputed within the above time period - undisputed charges must still be paid as stated on your bill.

Protecting Mena's Network & Services

Mena can take any action to: (1) protect its network, its rights and interests, or the rights of others; or (2) optimize or improve the overall use of its network and Services. Some of these actions may interrupt or prevent legitimate communications and usage - for example, message filtering/blocking software to prevent SPAM or viruses, limiting throughput, limiting access to certain websites, applications or other Data Content, etc. For additional information on what mena does to protect its customers, network, Services and equipment, see mena's Acceptable Use Policy at its website.

Your Privacy

You agree to the terms of mena's Privacy Policy, available at its website, when you use mena's Services. This policy may change from time to time, so review this policy with regularity and care. Among other things, the policy includes important information on what information mena collects about you, how it uses that information, and with whom it shares that information (for example, to provide you certain Services, to protect its rights and interests, to respond to legal process, to facilitate a merger, etc.). Also, to ensure the quality of mena's Services and for other lawful purposes, mena may also monitor or record calls between you and itself (for example, your conversations with mena customer service or sales departments). If you do not agree with the terms of mena's Privacy Policy, then you should not purchase or use mena's Services. Mena encourages you (the account holder) to protect the privacy of your account information by establishing passwords (including for your online accounts), which may include an answer to a backup shared secret question. These authenticators will be used when you access your account. This is the most effective way for you to protect your account. Mena treats the holder of your password(s) and/or your answer to a backup shared secret question as an authorized person on your account. Please do not share your authentication information with anyone that you do not wish to have access to your account. You agree that mena may contact you in its discretion about important account related matters through the contact information you provide, through the Services or Devices to which you subscribe or through other available means. Mena also may allow you to set preferences for your preferred means of contact. As mena provides telecommunications Products and Services to you (the account holder), it develops information about the quantity, technical configuration, type and destination of telecommunications Products and Services you use, as well as some other information found on your bill.

999 Or Other Emergency Calls

You should always be prepared to provide your location information when making 999 calls. Unlike traditional wireline phones, depending on a number of factors (e.g., whether your Device is GPS enabled, where you are, whether local emergency service providers have upgraded their equipment, etc.), 999 operators may not know your phone number, your location or the location of your Device.

If Your Device Is Lost or Stolen

Call mena immediately if your Device is lost or stolen because you may be responsible for usage charges before you notify mena of the alleged loss or theft. You agree to cooperate if mena chooses to investigate the matter (provide facts, sworn statements, etc.). Mena may not waive any Early Termination Dues if you choose to terminate Services as a result of loss or theft of your Device.

Disclaimer of Warranties

MENA MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (TO THE EXTENT ALLOWED BY LAW) ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICES (INCLUDING YOUR DEVICE). MENA DOES NOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES AND DOES NOT AUTHORIZE ANYONE TO MAKE WARRANTIES ON ITS BEHALF.

You Agree Mena Is Not Responsible For Certain Problems

You agree that neither mena nor its vendors, suppliers or licensors are responsible for any damages resulting from: (a) anything done or not done by someone else; (b) providing or failing to provide Services, including, but not limited to, deficiencies or problems with a Device or network coverage (for example, dropped, blocked, interrupted calls/messages, etc.); (c) traffic or other accidents, or any health-related claims relating to mena's Services; (d) Data Content or information accessed while using mena's Services; (e) an interruption or failure in accessing or attempting to access emergency services from a Device, including through 999; (f) interrupted, failed, or inaccurate location information services, (g) information or communication that is blocked by a spam filter, or (h) things beyond mena's control, including acts of God (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism or government orders or acts.

You Agree Mena's Liability Is Limited - No Consequential Damages.

TO THE EXTENT ALLOWED BY LAW, MENA'S LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS YOU MAY HAVE AGAINST MENA IS LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED PERIOD. UNDER NO CIRCUMSTANCES IS MENA LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO PROVIDE SERVICES IN CONNECTION WITH A DEVICE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES.

DISPUTE RESOLUTION

You And Mena Agree To First Contact Each Other With Any Disputes

You and mena each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact mena with disputes by calling or writing to mena. Mena will contact you by letter to your billing address or on your Device.

No Class Actions

TO THE EXTENT ALLOWED BY LAW, YOU WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

Indemnification

You agree to indemnify, defend and hold mena harmless from any claims arising out of your actions, including, but not limited to, failure to safeguard your passwords, backup question to your shared secret question or other account information, or violating this Agreement, any applicable law or regulation or the rights of any third party.

Providing Notice To Each Other Under The Agreement

Except as the Agreement specifically provides otherwise, you must provide mena with prior written notices. Mena will provide you notice in your bill, correspondence to your last known billing address, to any fax number or e-mail address you have provided, by calling you on your home phone or Device, or by voice message on your Device or home phone.

Other Important Terms

Subject to the Agreement terms and conditions or unless the local law specifically provided otherwise, this Agreement is governed solely by the laws of the Kingdom of Bahrain. If either party waives or does not enforce a requirement under this Agreement in an instance, each party does not waive its right to later enforce that requirement. Except as the Agreement specifically provides otherwise, if any part of the Agreement is held invalid or unenforceable, the rest of this Agreement remains in full force and effect. This Agreement is not for the benefit of any third party except party's corporate parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. You cannot assign the Agreement or any of your rights or duties under it. Mena can assign the Agreement. The Agreement and the documents it incorporates make up the entire agreement between mena and yourself and replaces all prior written or spoken agreements - you cannot rely on any contradictory documents or statements by sales or service representatives. The rights, obligations and commitments in the Agreement that, by their nature, would logically continue beyond the termination of Services (including, but not limited to, those relating to billing, payment, 999, dispute resolution, no class action), survive termination of Services.

Term Commitments & Early Termination Dues: Business Subscribers

After having satisfied your Term Commitment, your services will be automatically renewed for a similar Term, unless a written notification is sent to mena three (3) months prior to the termination of the Term Commitment. Early Termination of the renewed Term will be subject to the same conditions as the original Term Commitment.