1. The company having class "C" license, which authorize company to provide internet access services in Surat, Gujarat, India.
2. The company here by agrees to supply broadband/high speed Internet access and services ("The Services") to the customer on the terms & conditions mentioned.
3. In case a customer avails any Value-Added Services online, the terms & conditions mentioned online, in addition to the following will apply.
4. The commissioning of services is subject to technical feasibility of the connection and realization of payment. The company shall not be responsible for any direct, consequential, or other loss incurred or suffered by the subscriber due to delay In Installation or commissioning of service. The company will refund payments received only in the event of non-feasibility.
5. Service Plans available to the customers as mentioned on the reverse are more fully detailed in the price-list, which has been made available to the Customer by the company, The Company reserves right to withdraw any service plan, or amend the price of or entitlements under any service plans without notice.
6. The connection should be used for the purpose of subscription and the Customer can't use the services for any other purpose, share sublet or resale in any manner. The customer agrees and undertake that the service so taken will be used for own use.
7. The customer can change plan under which he/she/they have obtained the service at such additional cost as per plan, subject to feasibility w.r.t billing system. Plan change in not permitted on promotional offers/schemes. The customer has to pay difference amount in advance.
8. The company shall make all efforts to allocate the customer, the username of his/her/their choice. However, this is allotted on a first come first serve basis, and in the event of username requested by the customer are already allocated/in use, the company reserves the right to allocate a unique username to the customer.
9. All the terminal apparatus, Including but not limited to device, drop cable, Ethernet card, if any, and any accessories ("Equipment") installed within or appurtenant to the premises of the Customer in relation to the Service shall remain the property of the Company unless expressly transferred to the Customer in writing through a separate Bill of Sale/transfer. However, the Customer shall be responsible for the safety and care of the said Equipment and shall not damage, alter or remove the same without the written consent of the company. In case of device or any other hardware has been sold to customer, it will not be refundable on becoming non-functional or any other ground. The company carries no guarantees/warranties for supply of such hardware;however, the customer can claim warranty directly from manufacturer.
10. The Customer will be fully responsible for the purpose upkeep, usage and safety of all the above-mentioned terminal apparatus during the period of this agreement, I. e. From the date, which this agreement comes in to effect, as such the customer would be fully liable to pay the company repair or maintenance charges for the above-mentioned terminal apparatus if the said terminal apparatus is lost or damaged due to improper usage or tampering during the period of this Agreement.
11. The Company is merely the supplier of the Equipment and not the manufacturer, the Company makes no warranties of any kind, express or implied, in respect of the same and also disclaims any warranty or merchantability and/or fitness for a particular purpose, warranties in relation to the Equipment will be made by the respective manufacturers of the Equipment.
12. In the event of termination of service for any reason whatsoever; the Company retains the right to recover any and all Equipment belonging to the Company; and Customer shall permit authorized personnel of the Company or its contractors to effect such removal without let or hindrance, and without prejudice to any amounts due from the Customer to the Company.
13. Any action, documentation, contracts or other material prepared by the Customer or utilized by the Customer for contracting with any other parties shall alienate, or seek to alienate, the Company's rights to recover the Equipment in the event of termination or non-renewal of the agreement.
14. Upon reaching of the expiry conditions, services shall be suspended. However, the customer can get the services reactivated, by subscribing into any applicable Renewal Pack.
15. In case customer opts for termination of services, he/she has to submit a formal written termination request to VISHVA INFRATEL PVT LTD, any deposit, if any would be refunded after adjusting outstanding if any from the customer after device is returned refund will be made only by cheque, irrespective of mod of collection, in favor of the subscribers name as per the Company's record. Subscription fee & onetime payments, including Installation charges and Rental if any, will not be refunded in any case. No interest will be payable by the company on any amount of refund.
16. The company shall have the right to set off any and all amounts paid by the customer against any outstanding dues from the Customer to Company.
17. The customer shall be liable to pay charges for excess usage beyond the subscribed pack.
18. The company takes no responsibility whatsoever for the content on the World Wide Web, or access of any content whatsoever by the customer or any other person using the service.
19. The company is not responsible for any commitment, representation or offering by distributors or channel partners or dealers and the customer are advised to check back with the company in case of any doubt or any commitment etc. received from anyone with regard to services of company.
20. The company will endeavor at all times to maintain an adequate and reasonable quality of service. However the availability and quality of the service may be affected by factors outside the company?s control such as physical obstructions, geographic weather conditions and other cause of electronic/electrical interference or faults in network is built-up and shall not be liable for any consequences arising there of including but not limited to damage to customer?s PC or any other input or Output devices of any types of kind connected to it or any other property. Also, the company makes no representation or warranties as to continuity or availability or quality of the services. The company shall not be obliged to grant any service credit or disruption of services due to any reason whatsoever.
21. Any un-utilized "free Mbs" offered as part of the plan availed will not be carried over to the subsequent billing cycle.
22. All allocation of free Mbs will only be on Pro-Data basis, for the period for which the account has been active.
23. The Company makes no warranties on the Services provided herein, whether express or Implied, including but not limited to warranties of title, non-infringement of any intellectual property rights or implied warranties of merchantability or of fitness for a particular purpose. No advice or information given by the Company, its affiliated or the irrespective officers, employees or agents shall create a warranty. The Company makes no warranty that the Services will be uninterrupted or error free or that any information, software or any other material accessible on the Service is free of viruses, works, Trojan horses or other harmful components and shall not be responsible for any consequences arising thereof. The company shall not liable to the Subscriber/customer for any loss or damage whatsoever or howsoever, monetary or non-monetary caused or suffered, directly or indirectly, including and without limitation, as a result of delay ln installation, non-availability or disruption in services, loss of data, interruption or stoppage to the Customer's access to and/or use of the internet/website/s, interruption or stoppage of services due to any technical or non-technical reason, non-availability of connectivity between the customer and Company, ill or faulty workmanship or error in network architecture. Company?s sole obligation and customer ?s sole and exclusive remedy in the event of interruption of services by any of the means mentioned in this terms & conditions shall be used to all reasonable endeavors to restore the services as soon as reasonably possible.
24. The company reserves the right to confirm or verify the information/details given by the customer in this agreement at any other time directly or through its agents and/or associates, and may require the customer to produce proof as necessary and applicable to substantiate such information /details.
25. The company retains the right to withdraw or terminate the service without notice in the event of
A. Wrongful, malicious or fraudulent representation by the customer in respect of the details required by the company for provision of services to the customer.
B. Non-payment of dues by the customer in respect of installation charges, hire or purchase cost of device or other accessories, monthly subscription charges and/or fees, dishonor of cheque issued by the customer.????
The company reserves the right to levy penalty for cheque dishonored, at the time of restoration of service.
C. Use of the service by the customer for, or permission given explicitly or implicitly by the customer, or negligence by the customer leading to illegal,malicious or immoral purposes.
D. Use of the service of gambling, solicitation, email attacks or denial of service attacks on any party or server, willful transmission of virus, malicious or nuisance mailing or messaging, diffusion of immoral or pornographic material, commercial fraud, breach of copyright, breach of low/or other offenses.
E. Any attempt by the customer of his/her/their associates to pass themselves off as agents, vendors, retailers, cyber cafes or business associates of the company unless expressly authorized in writing by the company to do so.
F. Damage to the company?s equipment?s or terminal apparatus provided to the customer for enabling the service.
G. Resale or unauthorized additional connections from the connection supplied hereby to the customer.
H. Any breach of the terms of his agreement by the customer.
I. Any change or alternation in the company?s network resulting in ability to provide the service to the customer.
Complying with an order/request/direction from statutory/regulatory/government authorities.
26. The company reserve the right to suspend the service during technical failure, modification or repair or testing of the service or the network.
27. The company reserve the right to terminate the service at any time without assigning any reason by giving 30 days prior notice to subscriber.
28. The company reserves the right to change IP addresses as per network requirement as and when needed without any prior intimation.
29. Post termination and/or suspension of services, the company will not be responsible to return or provide access to the customer for data of the customer, whether or not stored in the company?s network or systems.
30. All terms of service by the company shall be subject to the license conditions as stipulated by the government of India and/or telecom regulatory authority of India from time to time.
31. The customer shall be solely responsible for provision of PC with configuration to suit the requirements of the service opted for.
32. The Customer shall not use any hardware or software which is identified by the Government as unlawful or which would or does have the potential to render the network security vulnerable.
33. The customer is required to fully comply with the laws of India and more particularly the information technology Act, 2000, The Indian Telegraph Act, 1855, The Copyright Act, 1956, The Trademark act, 1958 and the rules made there under and any amendments or replacements made thereto from time to time.
34. The Company accepts no responsibility or liability whatsoever for commercial transaction of any nature including bookings, purchases, contracts, or agreements entered into over the Internet by the Customer or any person or firm using the connection of the Customer.
35. All legal and beneficial rights, title and Interest In or to or in connection with the Service including intellectual property rights and good will arising there from remain company?s exclusive property. The customer is only licensed during the subsistence of this agreement to use and to have access to the service. Upon expire of earlier termination of the agreement, the rights of the customer to use the service shall forthwith cease.
36. The Customer shall not take any steps including adopting any encryption system that prevents or in any way hinders the government/company from maintaining a log of the Customer or maintaining or having access to copies of all packages/data originating from the customer.
37. The Company shall not be liable for any failure or breakdown In the service or any loss or damage caused to the customer due to war, hostilities, acts of terrorism, riots strike lockout, civil commotion, earthquake, lightning, flood, accident, fire or explosion, act of god, governmental acts, regulations or directions and/or any other cause not within control of the company.
38. The Customer and the Company agree that this Agreement has been duly authorized, executed, valid, binding and is enforceable in law and in accordance with its terms.
39. In the event of any question, dispute or difference arising out of or in relation to provisions of the Services, the same shall be referred to arbitration. The arbitration shall be governed as per the Arbitration and Conciliation Act, 1996. pending resolution, the Customer will be liable to continue to pay charges for the Services. The arbitration shall be held in Surat. Costs of the arbitration are to be borne by the Customer and/or the Company as decided by the arbitrators. The award of such arbitration shall be final and binding on both parties.
40. In relation to any attribution under the terms and conditions herein, the Courts of Surat shall have exclusive jurisdiction.
42. Customer has agreed that any Wi-Fi connectivity deployed at the customer place has to be secure by the customer. Customer is liable for any misdeed/mischief/crime happened from services availed by him/her/theirs.
43. You are requested to disconnect the internet cable from your PCs /Router/any other device while not in use especially during rains & Lightning, since it is possible that some damage may cause to the hardware. Company should not be liable for such damages caused to PCs/Router/Any other device or instrument due to any incident
44. The T&C governing value-added services including but not limited to Gaming, E-Learning etc. Shall also be governed by the additional T&C as may be stipulated by the company.
45. The company reserves the right to modify, alter, change or amend any or all of the terms and conditions contained herein above from time to time, without any Intimation to customer by way of updating the same on the website of the company.
46. The Internet the global system of interconnected computer network that links devices, network worldwide Connectivity speed Is dependent on network conditions, managed by various providers worldwide. Various dynamic conditions alter the connectivity speed with particular destinations.
47. Performance over WIFI connectivity depends on various factors. e.g. channel selection, brand selection, channel interference, distance, connected device, etc.
Note: Taxes extra at actual.
Static IP (Dialler based) available @ Rs. 175/- per Month/IP, taxes extra.
All packages of 3 Mbps or above are Subject to Technical Feasibility. * It is the sole discretion of the company to decide the technical feasibility.
All packages are Pre-paid and no refund will be given in any case.
In normal circumstances, the expected time for a new installation is 7 working days after technical feasibility is done.
Renewal activation time will be 24 hrs. after submission of CRF with payments at the office.
Installation Charge is Rs. 1000 as one-time Installation Charge for a broadband Plan. Installation Charge is non-refundable in any event.
Shifting Charges for Wired connection is Rs. 1500/-. Shifting charges for Wireless connection are Rs. 2500/-. Shifting is subject to technical feasibility at the proposed new location.
Internet Security is Subscribers responsibility and all Customers are advised to take necessary security precautions.
Customer will have to provide permission for installation of Junction Box on his premise and will have to provide pole & uninterpreted power supply for the same.
The Internet is a Shared medium and an end to end bandwidth cannot be assured. All speed plans are on 'up to' basis