Terms and conditions in the domestic online CAF system
1.1. In this context unless the context otherwise requires:
Company means Alliance Broadband Services Pvt Ltd. having its registered office at 53A. Dr Lalmohan Bhattacharyya Road, 2nd floor. Kolkata – 700014 and Admin Office at P-89, C.I.T. Road. 2nd Floor. Kolkata -700 014, its successors and assignees. and all other entities involved in the provision of the Service. “The Tariff” and “The Service Packages” inserts the schedule of charges for the Service, which the Company publishes, “Contract” means the agreement between the Company and Customer incorporating these conditions, the registration form displayed and completed and the Tariff. “Customer” means any person as defined under General Clauses Act 1899 who the Company makes this Contract with. It includes a person who is acting on or for behalf of the Customers. “Information” means the visual, textual or other information published or otherwise mode available (directly or indirectly) on the Internet.
“The Internet” means the global data network comprising interconnected networks using TCP/IP (“Transmission Control Protocol/lntemet Protocol”) “The Service” means the service provided by the Company whereby Customer can gain access to the Internet and where applicable, only Service and facilities which the Company provides and Customers uses in connection and which are invoiced to the Customer. “Subscriber” means a “Customer” who has purchased the Service from the Company, limited by data transfers and amount paid to the Company in advance for the Service. “Third Party Content” means all information, software and other content provided by any independent third party that can be accessed through or by virtue of the Service provided.
1.2 Company’s Tariff/Terms and Conditions of Quotation contains explanations notes and
conditions, which form a part of this Connectivity Agreement.
1.3 These conditions alongwith the Tariff Plan and the Customer Agreement Form annexed
herewith and duly filled up with mandatory Proof of Identity (KYC etc) shall form the basis of this Contract between Customers and the Company for provision and continuance of the
- PROVISION OF THE SERVICE
2 .1 Company reserves the right to grant or deny the service to a prospective Customer subject to all material particulars being found correct on verification by the Company.
2.2 This contract shall run in occurrence with License Agreement between Department of
Telecommunications and Ministry of Communication. Government of India and the Company for the operation of Internet services subject to other terms and conditions of this contract being concurrently fulfilled.
2.3 Company agrees to provide Customers with the Service on the following terms and
2.4 The subscriber acknowledges that no unused access limits will be carried forward after the expiry of download limit or after the expiry of amount paid by subscriber whichever is earlier.
2.5 The Service is subject to being supplied for decent and lawful purposes only and without any express or implied warranties save for those warranties implied or imposed by under Indian Law.
2.6 Customer has to render the Company in writing, any information required as per statutory requirement for use of the Service, without prejudice as and when ever called for submission of the same.
2.7 The Service is provided on an ‘AS IS and AVAILABLE’ basis without warranties of any
kind, either express or implied including, but not limited to warranties of title, non-infringement or implied warranties of merchantability and fitness for a particular purpose. No advice or information given by the Company, its affiliates or their respective employees shall create a warranty. Neither the Company nor its affiliates warrant that the Service will be uninterrupted or be error free on that any information, software or any other material accessible on the Service is free of viruses, bugs. ‘Trojan horses’ etc or other harmful components.
2.8 The Service remains the Company’s exclusive property. Customer being licensed only within miscellaneous provision of this contract to use and obtain access to the Service. However, at the end of the contract, the right to use the Service ceases forthwith.
- PROVISION OF HARDWARE FOR THE SERVICE
3.1 MC/Switch /LAN Card etc is not part of the Standard Service Package and will have to be purchased by the Customer independently.
3.2 Company/Channel Partners technicians will install the Cable wire upto the Customer’s
Premises, if the same is not already present in the Customer Premises and subsequently connect the cable to the Customer’s Computer Local Area Network where Customer prefers to avail of the Internet Access.
3.3 Company/Channel Partner’s technicians may assist the customer to install MC/Switch/LAN Card and configure Customer’s Computer / Local Area Network accordingly allow proper usage of the Service by the Customer.
4.1 Customer acknowledge and agrees, that they will pay the Company the initial sign up fee or monthly fee (in advance and other charges as and when they fall due as may arise from time to time will be notified to Customer by the Company in accordance with this Contract. Customer also agrees to pay all applicable statutory taxes pertaining to the usage of the Service by the Customer.
4.2 Company shall not be liable to refund any amount to the Customer when the Service is down or suspended.
4.3 Company reserves the right to revise the Tariff/ Service Packages Terms and Conditions and Security Deposit for the Service from time to time at its discretion, which will be binding on the Customer.
4.4 Company will invoice Customer on a periodic basis and the invoice will be either posted.
Couriered, e- mailed to the Customer.
4.5 Payment is due on the due date mentioned on the invoice. All charges must be paid in full without any deduction set off or with holding. If the Customer does not pay the amount due by the due date, the Company will be entitled to charge interest @ 2% per month on the outstanding amount until the outstanding amount has been paid/cleared by the Customer.
4.6 It will be Customer’s responsibility to inquire about Customer outstanding and in case of non-receipt of bill. The Customer has on its onus to contact the Company and pay the amount due by the due date. The Company reserves the right to withdraw/suspend/terminate the Service partially or fully in case of non-payment of invoice by the due date.
4.7 Where a security deposit (if any) is to be paid by the Customer. Company is entitled to retain it and apply it in full or partial satisfaction of any amount due from the Customer to the Company. On termination of this contract. provided all amount payable to the Company have been duly paid. the balance (if any) of the security deposit will be repaid lo the Customer without any interest on the aforesaid deposit.
4.8 All the terms and conditions of the Service Package/Tariff plans and payments shall be
notified by the Company from time to time by way of any Service Packages revisions etc and shall be binding on the Customer. All the subsequent revised Service Packages/manuals booklets/Terms and Conditions etc, issued by the Company from time to time shall be binding on Customer.
- USE OF THE SERVICE
51 Customer will not reproduce, distribute. publish, copy. download or otherwise exploit any
Third Party Content which is protected by copyright or similar rights unless the Customer owns or controls the relevant rights thereto or have obtained all the requisite license and approvals. reproduction on contribution, publication, copying, downloading or exploitation of any Third Party Content by the Customer as aforesaid, will hold the Customer liable for infringement of Copyright or other applicable laws.
5.2 For the purpose of the legal provisions or otherwise. Customer further acknowledges. agrees and authorizes the Company to access copy, amend or delete any Third Party Content uploaded or provided by the Customer trough the use of Service where any such Third Party Content or content is. or is obliged to be defamatory, in breach of copyright, illegal or is otherwise not
appropriate in Company’s sole opinion to be accessed or otherwise provided by or through the use of the Service.
5.3 Customer is required to ensure that objectionable or obscene messages or communications, which are inconsistent with the established laws of the country. are not generated / sent by the Customer. Customer understands further that, the Internet contains unedited material, some of which are explicit in nature, exploitative and defies and contradicts general aesthetics and societal values and traditions, such as photographic material that may be offensive to the general public. Customer’s access to such material will be at Customer’s own risk. Company has no control over and accepts no responsibility whatsoever for such materials.
5.4 Customer is responsible for and must provide all equipment necessary to access the Service. Company reserves the right to disconnect or deactivate Customer’s equipment or software at anytime without prior notice including in situations where the equipment or software is interfering with Company’s other service(s). Customer must comply with Company’s requirements as regards access equipment and and mode of access to and on use of the Service.
5.5 Company reserves the right to amend any particular program. information or locality which the Company provides or may provide through the Service. Customer hereby agrees to abide by applicable laws relating to the use of the Service and any Third Party Content. The Customer must abide by generally accepted rules of conduct relating to proper use of Internet resources.
5.6 Through this Agreement, The Customer abides to pay interest free Security Deposits, normal or incremental, as the case may be and as decided by the company from time to time.
6.1 Customer confirms and warrants that of the information supplied by the Customers while
registering for the Service is true, complete and accurate in all respects.
6.2 Company reserves the right to verify the information given by the Customer in the
application form and can also use the information through Company’s authorized agent or
representative to verify the data at the addresses given by the Customer or from any other
independent source. Company reserves the rights to use this information and data at its
6.3. Customer agrees to notify the Company immediately of any changes to the information
Customer had provided to the Company while registering for the Service. including any changes
to Customer’s account details by email. fax, courier or registered post duly acknowledged by the
- RESTRICTIONS ON USE
7.1 Customer is not allowed to ensure the Service (except World Wide Web Service) and the right to access is subject to limits and restrictions established by the Company from time to time:
7.2 If the Customer is a value added telecom service provider. The Customer would require
necessary permission and license from Dy. Director General (CS) Department of
Telecommunications. Sanchar Bhawan. 20 Ashoka Road. New Delhi-110 001 (Tel: 011 332
6255/303 2855. Fax 332 7656).
7.3 As per Department of Telecommunications, Govt. of India, Telephone on internet is not
permitted. The Service will be automatically be terminated for any violation of this clause of the contract.
7.4 Customer is required to fully comply with the provisions of the Indian Telegraph Act. 1855 and the Indian Telegraph Rules made there under any amendments or replacements made thereto from time to time.
8.1 Company shall not be a party to any transaction including. without limitation, for goods.
Service and/or Third Party Content. between the Third Party Content provider etc. and the
8.2 In no event shall the Company or its employees be liable to anyone for any or any special. incidental or consequential damage arising out of or connection with the use of or inability to use the Service, including. without limitation, damage resulting from or for loss whether direct or indirect of business revenue or profits anticipated savings or wasted expenditure. Corruption or destruction of data or for any indirect or consequential loss whatsoever. Non-delivery or service
interruptions whether attributable to any negligent act or omission of Company or of its
employees or otherwise. No guarantee of end-to-end bandwidth on Internet is made.
8.3 Company will put in best efforts and strive to maintain the maximum possible uptime of the Service. However Company will not be responsible for action beyond its control. Customer acknowledges and accepts that in the very nature of the Service to be provided there can be number of factors affecting the provision of the Service and Company’s obligation to provide the Service shall be at a best endeavor basis.
8.4 The Customer acknowledges and accepts that the Company shall not be liable for any
downtime in the Service due to technical problems in Cable Operator’s Network.
8.5 Any termination of this Contract shall not affect any accrued rights or liability of either party nor shall it affect the coming into force or the continuance in force of any provision thereof which is expressly of by implication to intended to come into or continue in force or after such termination.
9.1 Customer will be responsible and liable for and will indemnify the Company in respect of
liability for any and all use of Customer’s account and all actions and costs incurred and for all use of the Service accessed through Customer’s Account or otherwise by virtue of the provision of the Service to the Customer including but not limited to claims for deformation, infringement of copyright or any other intellectual property rights and any breach or non-observance of the term of this Contract by the Customer.
10.VARIATION OF TERMS AND CONDITIONS
10.1 The Company reserves the right to modify and amend this Contract, the service operating procedures or any of its Service fees. late charges and tarriff and may discontinue or revise any or all other aspects of the service at Company’s sole discretion.
11.WITHDRAWAL, $USPENSION AND TERMINATION OF SERVICE AND
TERMINATION OF CONTRACT
11.1 If the Customer commits breach of any one of the terms and conditions of this Contract including non-payment or late payment of any part of any invoices or if Customer’s use of or action in connection to the use of the Service is inappropriate, in Company’s sole Opinion, with the continued use and/or subscription of the Service, then the Company may at any time, or Company’s sole discretion and without prejudice to any other remedy available to it would either allow or suspend Customer’s access to and use to the Service until such breach is remedied or terminate this Contract and Customer’s access to and use of the Service immediately. Reinstatement of Service will require full payment of outstanding balance and other charges plus applicable initial sign up fee. It shall be Company’s sole discretion to allow such reinstatement of the Service in full or partially.
11.2 Company may suspend the Service during Technical failure modification or repair or
testing of the service network.
11.3 Company reserves the right to partially or fully withdraw. suspend or terminate the
Service with or without notifying Customer in case Customer’s payment instruments returned unpaid to the Company for whatever reason by Customer’s bankers.
11.4 Subject 10 clause’ Clause 11.1 the Company may terminate this Contract and the service at any time by informing Customer by post/courier/e-mail/facsimile transmission.
11.5 Should the Company suspend or terminate the Service pursuant to Clause 11.1 Customer haven no right to any data stored and the Company shall be under no obligation to make such date or any copies of its available to the Customer in any term whatsoever. Should this Contract terminate for any reason whatsoever Customer data stored at Company’s facilities will be explicitly erased without prior notice.
11.6 Company reserves the right to appoint any agency and authorize the agency to conduct verification of information given by the Customer and collection on Company’s behalf. In case of any incorrect information found in the Application Form duly filled up by the Customer. Company reserves the right to partially or fully withdraw/suspend/terminate the Service forthwith without assigning any notice whatsoever in that regard.
11.7 The parties to this contract may terminate this contract without cause and without prejudice to Company’s rights as specified in this contract. by serving at least 30 days written notice on the other side.
12.1 If at anytime. during the continuance of the service, the performance in whole or part_ of any obligation under it shall be prevented or delayed by reason of war, hostility, Acts of the public enemy. Civil commotion. sabotage. fire, flood, earthquake, riots. bomb-blasts, explosion. epidemic, quarantine. restriction strikes. lock out. compliance with regulations, orders or instructions of any Central. State or Municipal Government on agencies thereof or any other Acts of God etc. Customer will not have any claim for damages against the Company in renews of such non-performance or delay in performance of the Service.
12.2 The Company shall not be liable to the Customer in any manner whatsoever. for any delay or failure in providing the Service. if the same is related or connected. directly or indirectly, to any reason that is beyond the control of the Company. For this purpose, a matter beyond the control of the Company shall include, but shall not be limited, to the following:
1 Delay or disruption in the Service attributable directly or indirectly to the lines of the upstream gateway service provider.
2. Delay or disruption in the Service attributable directly or indirectly to a change in law. any
Statutory and/ or Regulatory Authorities. and
3. Delay or disruption in the Service attributable directly or indirectly to a change in law.
13.1 In the event of any question. dispute or difference arising out of provisions of the Service.
the matter shall be referred to Arbitration. The Arbitration shall be governed as per the
Arbitration and Conciliation Act of 1996, The Arbitration shall be held in Kolkata.
14.ASSIGNMENT AND TRANSFER
14 1 Company may assign this Contract at any time and that will be binding on Customer
14.2 This contract, the Service ‘shall be nontransferable by Customer in nature and any private transfer effected by Customer shall not absolve the Customer of its primary duty towards the Company for the charges levied pertaining to such particular contract/ service. However. Customer may seek Company’s prior permission in writing for intended transfer. In case of such permission being granted by the Company. Customer shall be under an obligation to fulfill requisite documentation formalities and payment of charges as specified by the Company from time to time. Customer shall be liable and under an obligation to fully discharge its payable dues by the date of such regularized transfer from the Company.
15.1 Save as specified in this Contract, any notice or other communication to be given by the Company under this Contract shall be in writing and shall be served by either e-mail. facsimile. courier or post at Customer’s address as specified in this Control or as are notified by the Customer as per clause 6.3 above.
16.1 If any Terrns or Condition in this Contract becomes or is declared illegal, invalid or
unenforceable for any person such term or condition shall be divisible from this Contract and shall be deemed to be deleted from this Contract if any provision of this Contract is determined to be invalid the other provisions shall remain in full force and effect.
16.2 Neither the course of conduct between the parties nor trade produce will modify the
provisions of the Contract.
16,3 The provisions of all obligations of and all restrictions on Customer will survive the
termination this Contract.
16.4 No failure or delay on Company’s part to exercise any right or remedy under this Contract shall be construed or operate as a waiver thereof nor Shall any single or partial exercise or any right or remedy preclude the further exercise of such right or remedy as the case may be, binding on the customer.
16.5 The laws of India govern the Contract and the Customer hereby submits to the jurisdiction of the Courts of Kolkata.
16.6 Customer shall not upload or make any amendment in relation to the Supplier’s invoice on the Governmental Authority’s goods and services tax network (GSTN) portal (or by anyother name known in future) without informing the Supplier in advance. Further, where such changes are made by or on behalf of the Customer on the GSTN portal without priornotification to the Supplier, and where Supplier receives any notification from GSTN portal in regard to such changes, Supplier reserves the right to reject such changes or not actupon such changes on the GSTN portal.
16.7Supplier will raise and issue a valid tax invoice, and receipt voucher along with other
documents, strictly as per the details mentioned in the COF that has been signed by theCustomer. Customer shall provide accurate details of the Customer Premises in the COF in accordance with the requirements of applicable goods and services taxation laws failingwhich Supplier shall proceed to issue the invoice on the basis of the Customer Premises address available to the Supplier.
16.8 In case of supply of Services, where the place of supply is dependent on the registered
address provided by the Customer under the COF, such registered address would betreated as location of service recipient’ on the records of the Supplier as required under applicable goods and services taxation laws. for any such cost, tax, penalty, interest etc.payable or paid by the Supplier.
16.9 Where any discount on charges has been provided by the Supplier to the Customer, before the supply of goods or Services, such discount shall be mentioned in the COF and onthe applicable invoice. The net amount of the invoice shall be treated as consideration for the supply of such goods and Services.
16.10 Customer shall not have any right to market and/or re-brand the Services purchased by it as its own product and services or to resell the Services to third parties unless it has allrequired legal and/or regulatory licenses and consents from all relevant Governmental Authorities and has obtained Supplier’s written consent, which may be withheld in Supplier’ssole discretion. Customer shall strictly comply with all the legal and/or regulatory licenses and consents from all relevant Governmental Authorities with respect to any permittedresale of Services. The Service shall not be used for OSP purpose without registration with Department of Telecommunications and submitting the copy of the OSP registration withthe Supplier.
16.11 The Service shall be used only for the purposes specified in the Customer s Order Form and shall not be used for or connected to any telecommunication service including
PublicSwitched Telephone Network (PSTN)/Public Land Mobile Network (PLMN) or any other services of whatsoever nature unless otherwise permitted by the Governmental Authority with specific approvals/licenses. If the Service is found to have terminated on a PSTN/PLMN at either end, the Customer agrees that Supplier may terminate the Service and claimreimbursement from the Customer of such financial penalty as may be levied against Supplier by any Governmental Authority. Such amounts shall become due and payable by theCustomer to Supplier within 5 (five) working days of the Supplier giving notice of such claim(s). Supplier shall also, at its sole discretion, be entitled to disconnect the circuit withimmediate effect.
16.12 As per the notification issued by the Department of Telecommunications vide No. 18-1/BS II dated 19th April, 2006, it is permissible to have the logical partitioning of EPABX
fortermination of leased lines/PSTN/PLMN network such that there is no misuse in any manner including bypass of International Long Distance Traffic between customer’s privatenetwork & Basic Service Operator (BSO)/Mobile Service Operator (MSO) PSTN and Access Deficit Charges thereof. However, this shall be subject to additional terms andconditions to be complied with by the Customer.
16.13 The use of encryption by the Customer shall be governed by the Government s
Policy/rules made under the Information Technology Act, 2000. Customer shall not employ
bulkencryption equipment in the network without such encryption equipment having the prior evaluation and approval of Governmental Authority specifically designated for the purpose.
16.14 Customer shall not use any International Voice over Internet Protocol (“”foreign VoIP””) on the Service. If Customer uses foreign VOIP on the Service, the Supplier mayimmediately terminate the Service.
16.15 As per the notification issued by Department of Telecommunications vide No. 820-01/98- LR/Vol.(IX) Pt. I dated 01.10.2013, if the Customer avails Internet Access Services inIndia from Supplier and has deployed Network Address Translation (NAT) solution for accessing Internet over the Internet connectivity provided by Supplier, then Customer shallrecord & maintain the NAT SYS Log parameters with Supplier. Parameters to be stored in SYS LOG of NAT are:
(1) Start Date (mm:dd:yyyy) & Time (hh:mm:ss)
(2) End Date (mm:dd:yyyy) & Time (hh:mm:ss)
(3) Source IP Address
(4) Source Port
(5) Translated IP Address
(6) Translated Port
(7) Destination IP Address; and
(8) Destination Port
Customer has deployed NAT solution for accessing Internet over the Internet connectivity
provided by Supplier and hereby undertakes to comply with the abovementioned clause.