Terms & Conditions
T&C mentioned here consists of General Terms & conditions (“GTC”) along
with “Acceptable Use Policy”. The signing of Customer’s Registration
Form (CRF) shall make the T&C mentioned herein binding on the
subscriber. In case of any inconsistencies in the constituent parts of
the Agreement or disputes arising with regard to the interpretation of
the terms and conditions contained in the said Agreement, the following
order of precedence shall apply: (i) the CRF and the STC (ii) the SLA,
if applicable and (iii) the GTC General Terms and Conditions (“GTC”)
CRF Terms & Conditions
1. Provision of service shall include:
a. Delivery of the subscribed service within the stipulated duration.
b. Assignment of Internet Protocol (IP) address for accessing the
internet
c. The IP address provided by the company shall only be used for the
purpose it has been provisioned.
2. This service is governed by the provisions of Indian Telegraph Act,
1885, Indian Wireless Telegraphy Act, 1993, and Telecom Regulatory
Authority of India Act, 1997 as modified or replaced from time to time.
3. Any Wi-Fi connectivity deployed by subscriber will be activated only
after it is registered for centralized authentication system of Deenet.
4. If The Subscriber Uses This Service For Internet Telephony, Then Only
The Following Will Be Permitted:
Service to process and carry voice signals offered though public
internet by use of Personal Computers (PC) or IP based Customer Premises
Equipment (CPE) connecting the following:
a. PC to PC; within or outside India.
b. PC/a device/adapter conforming to standards of International agencies
like ITU, IETF etc., in India to PSTN/PLMN abroad.
c. Any device/adapter conforming to standards of International agencies
like ITU, IETF etc. connected to ISP node with static IP address to
similar device/adapter; within or outside India Addressing scheme for
Internet telephony shall only conform to IP addressing scheme of
Internet Assigned Numbers Authority (IANA) exclusive of National
Numbering Scheme/plan applicable to Basic/Cellular Telephone service.
Translation of E.164 number/private number to IP address allotted to any
device and vice versa, to show compliance with IANA numbering scheme is
not permitted. Subscriber acknowledges that VoIP will not be used in any
form other than what is permissible under the internet service license.
Subscriber acknowledges that the IP given will not be used for
terminating VoIP calls on domestic PSTN network.
5. As per the regulations of telecom authority, if the mobile number
mentioned in this SRF is registered under National Do Not Call (NDNC)
registry, you will not receive SMSs from Reis Network Solutions. By
signing this form you explicitly agree and give your consent to receive
SMS communication irrespective of your mobile number registration under
NDNC registry. Deenet Internet Services or its SMS service
provider/partners will not be liable for any legal or monetary expenses
arising out of these regulations.
6. Use of Service – The subscriber shall use the service in accordance
with the Company’s Acceptable Internet Use Policy (“Acceptable Use
Policy”). The Acceptable Use Policy shall mean the current version of
the Company’s Acceptable Use Policy provided on its website (As may be
changed by the Company from time to time).
7. All plan charges will be charged in advance.
8. Subscriber/Customer Premise Service Equipment (CPE) Modem & Routers:
1. Subscribers may use their own CPEs. However, such CPEs need to be
approved by the Company. In case, of such CPEs:
a. No rental or security deposit/charges will be applicable.
b. The Company would not be responsible for maintenance of such CPE’s.
2. When CPE Provided By Company For Provision Of Services.
a. Property in CPE shall always remain vested with the Company and
neither the property nor right to use the CPE is transferred to any
person in any manner whatsoever. The subscriber to whom the CPE is
delivered shall be responsible for safety of and securing any other
subscriber as defined in the rate plan towards cost of provision of
service so proposed to be provided by the Company.
b. Manufacturing defects – No Charges to Subscriber.
c. Repairs due to damage attributable to Subscriber – The repair/service
charges shall be assessed by the Company and recovered from the
Subscriber accordingly, along with applicable taxes, as additional cost
of provision of service by the Company.
General Terms & Conditions – GTC Definition
“Agreement” shall mean, unless otherwise specifically provided for, the
CRF along with the GTC duly executed and accepted by the Company and
Subscriber.
“Applicable Law” shall mean any law that is applicable in a particular
context and includes both Central and State legislations as may be
amended or repealed from time to time, including specifically the Indian
Telegraph Act, 1885, The Wireless Telegraphy Act, 1933, and the Telecom
Regulatory Authority of India Act, 1997, the Information Technology Act,
2000 and any administrative, judicial and quasi-judicial rulings and
delegated legislation such as regulations, rules, guidelines and
notifications as may be issued by the Authorities from time to time.
“Authority or Authorities” shall mean the Government of India, Ministry
of Communications and Information Technology, Department of
Telecommunications (DOT), Telecom Regulatory Authority of India, Telecom
Dispute Settlement Appellate Tribunal, the relevant State Government, or
other statutory and local authorities, tribunals etc. as the case may be
“Business Day” shall mean everyday excluding Sundays and Company
declared holidays.
“Charges” shall include all payments under the Agreement which are due
and payable by the Subscriber to the Company, whether invoiced or not,
inclusive of one-time, registration, testing and installation, Service
Equipment and Service rental, billing, network service/feature change,
transfer /shifting, reconnection, usage based charges and Security as
set out in the CRF and all other fees, rates, taxes, levies, penalties
and fines for and in respect of provision of the Service and chargeable
Service Equipment to the Subscriber pursuant to the Subscriber applying
for the Service as per the rates set out in the Tariff published by the
Company from time to time or any special rates agreed to be granted by
the Company, including charges for services availed through the Network
on correspondent networks.
“Airnet” shall mean AirNet wifi service pvt ltd having its registered
office at D.No. 143 Near vishwanath temple punaroor kinnigoli post
Mangalore-574150
“Confidential Information” means all information contained in any media
and format, designated as such by either Party including (i) technical
or business information or material; (ii) proprietary or internal
information of either Party, including but not limited to samples,
apparatus and equipment, business policies, Subscriber databases,
developments, trade secrets, know-how and personnel information
regarding third parties; (iii) information disclosed pursuant to the
Agreement and (iv) all such other information which by its nature or the
circumstances of its disclosure is confidential.
“Due Date” shall mean the date prescribed by Company in its invoice or
statement of charges, on or by which date the Subscriber shall make
payment of the Charges whether invoiced or not.
“License” shall mean the license granted by DoT to the Company to
provide and operate Internet Services. “Network” shall mean Company’s
telecommunications network through which Services are made available.
“Party” and “Parties” shall mean, respectively, either or both of the
parties to the Agreement
“Provisioning Entity” means any entity or affiliate providing a Service
to Subscriber other than the Company, which may be a subcontractor of
the Company, including licensed carriers or service providers in
territories where the Company is not licensed to provide the Service.
“Purchase Order” (“PO”) shall mean the Subscribers documents, if any, by
which the Service may be ordered from the Company.
“Security” means a cash deposit, director’s guarantee, parent company
guarantee, credit card payment, direct debit guarantee or bank guarantee
or any other valid security or any combination of these as determined by
the Company.
“Service” shall mean the Service subscribed to, by the Subscriber as
indicated in the CRF.
“Service Activation Date” means, the date on which the Subscriber
commences use of the Service or when the Service is activated, whichever
is earlier.
“Service Equipment” means the equipment, systems, cabling and facilities
provided by or on behalf of the Company at Subscriber Premises in order
to make the Service available to the Subscriber.
“Service Contract Period” shall mean any person, association of persons,
company, proprietary concern, partnership firm or any other entity that
has subscribed for the Services under the CRF and includes their
respective heirs, executors, administrators, successors, permitted
assigns, holding, subsidiary and group companies and sister concerns.
“Subscriber” shall mean any person, association of persons, company,
proprietary concern, partnership firm or any other entity that has
subscribed for the Services under the CRF and includes their respective
heirs, executors, administrators, successors, permitted assigns,
holding, subsidiary and group companies and sister concerns.
“Subscriber Premise Equipment” or “Customer Premise Equipment (CPE),
means the existing equipment, systems, cabling and facilities of
Subscriber or provided to the Subscriber by any third party, which is
required for Service provisioning and used in conjunction with the
Service Equipment in order to avail of the Service.
“Subscriber Premises” shall mean the location /or Service Installation
Address of the Subscriber as provided in the CRF where the Service is
provided and the Service Equipment is installed.
“Tariff” shall mean the commercial plan or tariff schedule offered by
the Company, including but not limited to fees, Charges, rates and
related conditions as notified and published by the Company from time to
time, in respect of provisioning of the Services.
“Taxes” shall mean all taxes applicable (whether existing or new) on the
Service and Service Equipment, for which the Subscriber is being
charged, including but not limited to sales and service tax, VAT,
withholding tax, entry tax, octroi, property tax and other applicable
taxes or duties.
1. Scope Of Service
a. Delivery of Services– the Company shall provide the Services to the
Subscriber as per the SRF, subject to the provisions of Clause 3, and 12
of the Agreement and the terms of License. The Subscriber undertakes to
accept and pay upon the Due Date for the said Services and chargeable
Service Equipment in accordance with terms of this Agreement.
b. The Company shall use all reasonable efforts to commence delivery of
the Service on the Service Activation Date, subject however to the
fulfilment by the Subscriber of its obligations as detailed in the
Agreement.
c. The Company shall be entitled to determine the most appropriate means
of providing the Service, including using a Provisioning Entity to
deliver all or part of the Service and the method, technology and route
of delivery of the Service to the Subscriber.
d. The Company reserves the right to vary, modify the Service at its
sole discretion for technical, business or any other reasons. If a
modification to a Service has a material adverse effect on the
functionality of that Service, Subscriber may notify the Company in
writing of the existence and nature of such effect.
e. The Company may at any time, substitute or change the configuration
or routing of its Service Equipment used to provide the Services.
f. The Service Equipment provided hereunder are provided on an “as is”
basis and the Subscriber’s use of the same is at its own risk. The
Company does not make and hereby disclaims, any and all other
express/implied warranties, including but not limited to warranties of
merchantability/quality, fitness for a particular purpose, title and
non-infringement and any warranties arising out of the course of
dealing, usage or trade practice.
g. The Company may temporarily suspend whole or part of the Service at
anytime without notice, if the Network fails or requires modification or
maintenance.
h. Provision of the Service to the Subscriber shall be subject to the
terms of the License and the Agreement or any other special terms and
conditions of a Provisioning Entity.
i. The Company reserves the right to use any surplus capacity in the
Service Equipment or Network to provide services to any other
Subscriber.
2. Service Availability
a. Service Quality– during the Service Contract Period, the Company
shall endeavour to maintain commercially acceptable levels of Service
availability and ensure that the Subscriber is not prevented from making
use of the Service as a result of any deficiency or problem in the
Network.
b. The Company may enter into a separate service level agreements with
the Subscriber, provided that all other parameters not covered in such
agreements are governed by the terms and conditions of this Agreement.
c. Service quality, functionality, availability or reliability may be
affected and the Company shall not be liable for such disruptions/
interruptions/ deficiency in case they are due to the following reasons;
i. Planned repairs, modifications or maintenance notified to Subscriber
in advance,
ii. Unauthorized changes to Service Equipment or CPE made by Subscriber
without notifying the Company,
iii. Any fault in equipment other than Service Equipment or a fault
arising from outside the Network,
iv. Suspension of Service by the Company as per Clause 8,
v. Force Majeure Events,
vi. Any fault in or damage to Service Equipment or Network or components
thereof for reasons beyond the reasonable control of the Company,
vii. Refusal by Subscriber to allow testing or repair of Service or
Service Equipment and use by Subscriber of the Service on an impaired
basis, including refusal to allow access to Subscriber Premises to the
Company personnel,
viii. Failure in providing stable power and the other infrastructure
required for Service Equipment and/or Subscriber Equipment,
ix. Subscriber scheduled maintenance,
x. Any complaint by the Subscriber which the Company, after due
investigation, finds to be without any basis.
d. The Subscriber shall pay all reasonable costs incurred by the Company
in investigating and remedying any Service difficulty which is
attributable to
i. The negligence, act, omission, breach or fault of the Subscriber or
its agents, or
ii. The failure or malfunction of CPE that connects to the Service as
and where applicable.
e. In the event of there being any deficiency in the Services or Service
Equipment, the Subscriber shall within a period of seven (7) Business
Days from the occurrence of the deficiency notify the Company, and
thereupon the Company shall endeavour to rectify the same in a
reasonable period.
f. This service is governed by the provisions of Indian Telegraph Act,
1885, Indian Wireless Telegraphy Act 1933 and Telecom Regulatory
Authority of India Act 1997 as modified or replaced from time to time.
g. Any Wi- Fi connectivity deployed by subscriber will be activated only
after it is registered for centralized authentication system of airnte
Internet Services.
h. If the subscriber uses this service for internet telephony, then only
the following will be permitted: Service to process and carry voice
signals offered through public internet by use of Personal computers(PC)
or IP based customer Premise equipment (CPE) connecting the following:
i. PC to PC; within or outside India
ii. PC /a device / adapter conforming to standards of International
agencies like ITU, IETF etc; in India to PSTN/PLMN abroad
iii. Any device /adapter conforming to standards of International
agencies like ITU,IETF etc; connected to ISP node with static IP address
to similar device/adapter; within or outside India
Addressing scheme for Internet telephony shall only conform to IP
addressing scheme of Internet Assigned Numbers Authority (IANA)
exclusive of National Numbering Scheme/plan applicable to Basic/Cellular
Telephone service. Translation of E.164 number/private number to IP
address allotted to any device and vice versa, to show compliance with
IANA numbering scheme is not permitted. Subscriber acknowledges that
VoIP will not be used in any form other than what is permissible under
the Internet services license. Subscriber acknowledges that the IP given
will not be used for terminating VoIP calls on domestic PSTN network.
3.Representation And Warranties Of Subscriber (Not Applicable For
Individuals)
a. Compliance– the Subscriber warrants that it is a duly organized
entity, validly existing and fully compliant with all Applicable Law.
b. Licenses & authorizations- The Subscriber warrants that it has all
corporate, statutory and other authorisations, licenses and consents
necessary to legally execute and perform its obligations under the
Agreement and shall continue to have all such authorisations, licenses
and consents as long as it avails of the Services or seeks to exercise
and/or enforce any of its rights under the Agreement;
c. Subscriber Premises– the Subscriber warrants that it has full rights,
title and interests in Subscriber Premises or such rights, approvals and
permissions as are necessary to enable it to use the Subscriber Premises
for the purpose of its business.
d. No liquidation– There are no bankruptcy, winding up or other
liquidation proceedings pending or being contemplated by or against the
Subscriber or threatened against the Subscriber;
e. No litigation– There are no other legal proceedings pending or
contemplated by or against the Subscriber or threatened against the
Subscriber, that would materially or adversely affect its ability to
perform its obligations under the Agreement.
4. Billing And Payment
a. Invoices– the Company shall send bills/invoices/statement of charges
(collectively the “Invoice”) through electronic media to the Subscriber.
The first bill will be sent to the installation address as given in the
CRF. The subscriber can subsequently request for a change in the billing
address, if required. In case, subscriber has opted for e-copy, then
bill will be sent on his registered email id mentioned in SRF. No
physical copy of bill be send to such subscribers. Physical bill copy
will be available on demand at a nominal charge, as applicable.
b. The Company reserves the right to raise and /or collect Invoice by
itself directly or through any of its nominees, agents or franchisees.
The Company represents that irrespective of the agency that raises the
Charges in the Invoice, once the Subscriber has paid the Charges, it
shall be deemed to have been paid to the Company.
c. Payment- The Subscriber shall pay all Charges to the Company, whether
invoiced or not on the Due Date. The Company’s acceptance of payment
from a third party other than the Subscriber shall not amount to the
Company having contractually assigned, transferred or modified any of
the rights or obligations of the Subscriber under this Agreement to any
third party.
d. If Subscriber fails to pay the Charges in accordance with the
Agreement, the Company shall be entitled, in addition to any other
remedy that it might have under Applicable Law, to do one or more of the
following;
I. Set off /adjust against the Security, any amounts due and payable by
the Subscriber to the Company pursuant to the Agreement or any other
agreement between the Parties for provision of other telecommunication
services.
II. Charge interest on overdue invoices from the Due Date until payment
@ 2 % per month or part thereof. Interest shall continue to accrue
notwithstanding expiry or termination of the Agreement for any reason.
III. Exercise a lien over any CPE whether pursuant to the Agreement or
any other agreement with the Company.
IV. Suspend or terminate the Services as per the Agreement.
e. Security: Subscriber shall deposit with the Company an interest
free, refundable Security in such amount(s) as may be determined by the
Company from time to time. The Company reserves the right to forfeit/
adjust/ apply the said Security amount in full or part for the setting
off of any Charges, Taxes or such other sums/ debts due from the
Subscriber to the Company at any time. Subscriber shall continue to be
liable for balance amounts, if any. In such circumstances the Company
shall be entitled to request that the Security be restored either to the
original amount or be increased by such amounts or additional amounts as
the Company may decide under the circumstances. The refund of the
Security shall be subject to deductions/ set off or adjustments, if any,
liable to be made by the Company under the provisions of the Agreement.
f. No refund: Except as may be provided in the Agreement, any and all
Charges paid by Subscriber shall not be refunded by the Company under
any circumstances.
g. Currency: The payment shall be made in such currency as specified in
the invoice.
h. Additional services: The Subscriber shall pay the Charges for any
additional Service Equipment or other services that it may require for
customization or up-gradation of the Service and the Service Equipment
and shall also provide such additional Security as the Company may
require for the said purpose. Any such provisioning of customized or
upgraded Services for the Subscriber shall not be deemed to constitute
as a waiver of the Subscriber’s obligations as per the Agreement for the
Services already rendered by the Company. The Parties confirm that the
provisions of the Agreement shall continue to be legal, valid and
binding as regards any additional services.
i. Multiple Locations: Where the Company provides Services and /or
Service Equipment at multiple locations of the Subscriber and /or
associate, group, subsidiary, holding companies (collectively
“Affiliates”) of the Subscriber, then one of the Subscriber accounts
must be designated as the “Main Account” under the Agreement and shall
accept and undertake all financial responsibility for all the accounts
of the Affiliates of Subscriber covered and included under the Service
arrangement provided by the Company. In the event that an Affiliate
account of Subscriber fails to pay the applicable Charges, Taxes or any
other chargeable amounts then the Main Account shall be liable for all
such Charges incurred as a result of Affiliate accounts use of Services
and /or Service Equipment.
j. Suspension/ reconnection– Except for circumstances described in
clause 8.13 hereunder Subscriber shall remain liable for all applicable
Charges during temporary suspension/ discontinuation of Services.
Reconnection of the Services shall be at a cost, as decided by the
Company from time to time. The Subscriber shall be liable to pay all
Charges for reconnection of the Services, as notified by the Company
from time to time.
k. Variation- The Company shall be entitled to change, vary and modify
the Service or Service Equipment which may result in upward revisions in
any/ all Tariff and/or Charges, withdraw discounts, increase surcharges,
etc. at any time in its sole discretion for one, more or all of its
Subscribers.
l. The Tariff / Charges are based on prevailing regulations,
interconnect regime and interconnect arrangements entered into with
other telecom & Internet service providers at the time of entering into
the Agreement. In case of any change in such arrangements, the Company
may impose additional applicable Charges.
m. Subscriber shall pay all the costs of collection of dues and legal
expenses along with interest in case the Company has to refer the matter
to a collection agency or to legal recourse to enforce payment.
n. Disputes in Billing & Payment: In case Subscriber disputes any
Invoice or part of an Invoice, Subscriber shall within seven (7)
Business Days from the date of such Invoice, deliver a notice in writing
to the Company setting out the nature of the dispute. Such notice shall
in particular contain the following information: (a) date and number of
disputed Invoice; (b) amount in dispute; (c) reason for dispute; and (d)
supporting documentation as appropriate. If Company does not receive any
notice of dispute from Subscriber within such stipulated period,
Subscriber shall be deemed to have accepted the Charges on the Invoice
as being correct. Should Subscriber dispute the Charges on the Invoice,
Subscriber shall pay in the first instance all Charges including
disputed amount, upon the Due Date, and the Company will, upon
resolution of the dispute settle any over payment, if any, in the form
of a credit in the next Invoice.
o. Taxes: All Taxes present and future and any other additional Tax/
cess /duty levied by Authorities shall be to the account of Subscriber.
5. Rights And Obligations Of The Company
a. In performing its obligations under this Agreement, the Company
shall at all times exercise reasonable skill and care of a
telecommunications service provider and will ensure that it complies
with the Applicable Law while provisioning the Services.
b. Except as expressly set forth in this Agreement all warranties,
representations or agreements with respect to the provision of the
Service, Service Equipment or otherwise, whether in oral or in writing
and whether express or implied, either by operation of law, statutory or
otherwise, are hereby expressly excluded to the extent permitted under
Applicable Law. The Company shall not be liable for any act of
commission or omission of any third party/ supplier/ manufacturer /
agency/ company offering any privilege or benefits to Subscriber without
express permission or authority of the Company with reference to the
Service or Service Equipment.
c. Assignment- The Company reserves the right to transfer or assign and
/or delegate any and all or part of its rights and obligations hereunder
(a) to any Provisioning Entity, (b) pursuant to any sale or transfer of
all or a substantial portion of the assets or business of the Company,
or (c) pursuant to any financing, merger, or re-organization of the
Company, or (d) in its business/commercial interests and in line with
Applicable Law. Such transfer/ assignment shall release the Company from
all liabilities under the Agreement.
d. Disclosure- Privacy of communication is subject to Applicable Law and
the terms of the License. The Company may be required to disclose any
information or particulars pertaining to the Subscriber to any
Authority, including but not limited to any security agencies and
reserves the right to comply with the directions of such Authorities at
its discretion and without intimating the Subscriber.
e. Verification & credit check– The Company reserves the right to seek
/ verify particulars provided by the Subscriber to the Company, in any
manner without notice or intimation and reserves the right to reject any
SRF, for reasons including lack of technical feasibility, incorrect
particulars provided by Subscriber or failure to furnish the same, and
without any obligation to disclose such reasons or liability. Any
information provided by a prospective Subscriber /gathered by the
Company in relation to the SRF shall become the Company’s property even
if the SRF is rejected and such information will be retained by the
Company in case of termination or discontinuance of the Service.
f. The Company reserves the right to refuse any request by the
Subscriber to transfer /relocate the Service Equipment to an alternate
Subscriber Premise and is not obliged to furnish any reasons for such
refusal. In case Company consents to such transfer/ relocation of
Service Equipment, the Subscriber shall furnish fresh particulars with
respect to the alternate Subscriber Premise and pay all Charges to the
Company in respect of the transfer relocation.
g. Access– The Company, its agents or franchisees shall be allowed free
access to the Subscriber Premises to remove the Service Equipment in
case of termination, discontinuation or suspension of the Service.
h. As per the regulations of telecom authority, if the mobile number
mentioned in subscriber registration form is registered under National
Do Not Call (NDNC) registry, you will not receive SMSs from TIPL. By
signing this form you explicitly agree and give your consent to receive
SMS communication irrespective of your mobile number registration under
NDNC registry. TIPL or its SMS service provider/partners will not be
liable for any legal or monetary arising out of these regulations.
I. Subscriber Shall Not Host, Display, Upload, Modify, Publish,
Transmit, Update Or Share Any Information That
belongs to another person and to which the subscriber does not have
any right to;
Is grossly harmful, harassing, blasphemous defamatory, obscene,
pornographic, paedophilic, libellous, invasive of another’s privacy,
hateful, or racially, ethnically objectionable, disparaging, relating or
encouraging money laundering or gambling, or otherwise unlawful in any
manner whatever
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or
communicates any information which is grossly offensive or menacing in
nature;
impersonate another person;
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any
computer resource;
Threatens the unity, integrity, defence, security or sovereignty of
India, friendly relations with foreign states, or public order or causes
incitement to the commission of any cognizable offence or prevents
investigation of any offence or is insulting any other nation.
6. Duties And Obligations Of The Subscriber – Subscriber Shall
a. Illegal Use: Not use the Service for any improper, immoral, unlawful
or abusive purpose or for sending obscene, indecent, threatening,
harassing, unsolicited messages, which may cause any damage to the
Company or any other person whomsoever and shall ensure that he/it and
his/its employees, agents and persons using the Service through him/it
comply with the above. Any such misuse shall under no circumstances be
attributed to the Company and the Subscriber shall be solely responsible
for such acts. The Subscriber shall not use the Service to gain access
to any third party’s information or websites or confidential information
or do any act that may amount to breach of a third party’s privacy.
b. Relocation: Bear all additional costs and Charges of transfer/
relocation of Service Equipment or alteration/modification of Service or
Subscriber Premises that may have accrued, due to circumstances beyond
the reasonable control of the Company, if required to facilitate the
provisioning of or maintaining continuity of any Service. Further,
Company shall not be liable for any costs nor shall it be obliged to
restore the Subscriber Premises to its original state in such cases of
transfer/ relocation or alteration / modification.
c. Co operation: At its own expense provide such assistance to the
Company and/or the Provisioning Entity as the Company may reasonably
require to provide the Service. The Company shall not be responsible for
delay in commissioning of Services on account of the Subscriber’s
failure to provide appropriate infrastructure at Subscriber Premises.
d. Access: Permit the Company’s employees /authorised representatives
to inspect the Subscriber Premises prior to provision of Service,
install, configure, maintain, inspect, test, modify and substitute the
Service Equipment or CPE, as applicable, at all reasonable times.
e. Service Equipment– Obtain all necessary municipal, statutory and
other approvals from Authorities or any other entity from which such
approval may be required for installation of Service Equipment at the
Subscriber Premises.
f. Indemnify the Company from all Charges, Taxes and such other duties
that may be levied, or imposed by the Authorities or any third party or
by Subscriber in respect of any Service Equipment installed at the
Subscriber Premises.
g. In case the Deenet owned Service Equipment is lost, misplaced or
stolen, the Subscriber shall inform the Company immediately and provide
a copy of the FIR lodged for the lost, misplaced or stolen Service
Equipment. Alternate Service Equipment will be provided and activated
after receiving a fresh duly signed SRF from the Subscriber along with
such Charges as the Company may impose. The Company shall not be liable
in any manner for misuse of lost, misplaced or stolen Service Equipment
or damage to the same.
h. Forthwith return the Deenet owned Service Equipment to the Company
in the event the Company terminates the Service for any reason
whatsoever or the Subscriber discontinues use of the Service.
i. Undertake not to use the Service Equipment provided by the Company
or any affiliate of the Company to procure the telecom services of any
other telecom service provider.
j. House the Service Equipment at Subscriber Premises in accordance
with the Company’s instructions as may be given from time to time and in
a suitable environment as per prevailing standards; including
specifically provision of secured space to install Service Equipment and
provision of infrastructure and convenient access.
k. Not move, modify, relocate or in any way interfere with the Service
Equipment or the Network and not allow any co-mingling of the Service
Equipment with CPE except to the extent approved by the Company;
l. Not cause the Service Equipment to be repaired, serviced, or
otherwise attended to except by an authorized representative of the
Company;
m. Provide adequate security to Service Equipment, and shall make good
to the Company any loss or damage to the same arising due to acts of
omission and /or commission on the part of the Subscriber or its users.
n. Not create or allow any charges, liens, pledges or other
encumbrances whatsoever to be created over the Service Equipment. Title
to the Service Equipment shall at all times belong to and remain with
the Company. The Company shall not be liable for any damage or liability
or any delay or failure in provisioning of the Service as a result of
any liens, charges or encumbrances that may exist over the CPE or
Subscriber Premise.
o. Subscriber must comply with all relevant security procedures and
standards with respect to CPE that interfaces with the Service or
Service Equipment and shall co –operate with the Company in respect of
the same including providing any assistance that may be required in
configuration or modification of CPE as may be necessary to provide the
Service.
p. Be responsible for procurement, maintenance, compatibility and
performance of CPE.
q.Be responsible for communicating with Subscriber’s users of the
Service and for handling all complaints and trouble reports made by such
users.
r. Personal Injury: Be responsible and liable for any personal injury,
death or tangible property loss arising at the Subscriber Premises
resulting from negligent acts of omission or commission of the
Subscriber, its employees and agents.
s. Compliance with Applicable Law: Subscriber and its users shall comply
with all Applicable Law, the relevant provisions of the License, and the
terms and conditions of the Agreement of the Company and /or a
Provisioning Entity, when using the Service or Service Equipment.
t. Not use the Service for or allow any connection to a Public Switch
Telecommunication Network from Subscriber Premises. In the event
Subscriber breaches the provisions of this clause its liability shall be
unlimited as regards liquidated damages and undertakes to indemnify the
Company against all or any losses or damages of any kind whether direct,
indirect, special, pecuniary, exemplary arising as a result thereof.
u. Not terminate any third party services on the Company’s network.
v. No assignment – Subscriber is not entitled to transfer or assign
its obligations and liabilities under the Agreement to any other party
under any circumstances without prior written permission of the Company.
Any transfer affected in contravention of the express terms contained
herein shall not absolve the Subscriber of its duty towards the Company
in respect of Charges
7. Service Suspension
a. Suspension. The Company may, at its sole discretion and without
prejudice to any other right which it might have to terminate the
Service, elect to suspend forthwith the provision of a Service until
further notice if the Company:
I. Is entitled to issue a notice to terminate or to otherwise
terminate a Service pursuant to force majeure condition.
II. Is obliged to comply with Applicable Law;
III. Needs to carry out emergency or planned works, any maintenance
activity and/or planned outages to the
IV. Network or Service Equipment;
V. Has reasonable grounds to believe that the Service is being used
fraudulently, illegally or in association with illegal activities or
otherwise not in accordance with any Applicable Law; or
VI. Has reasonable grounds to believe that Subscriber will not or is
unable to pay any Charges that is due or is to fall due to the Company.
VII. Requests the Subscriber to provide or increase the Security and
Subscriber refuses or fails to do so within the stipulated time.
VIII. Determines that Service transmission is limited due to physical
obstruction, geographic, topographic, hydrological, and meteorological
and other causes of radio interference or faults in other
telecommunication networks to which the Network is connected.
IX. Notifies the Subscriber of a Force Majeure Event.
X. Any discrepancies / wrong particular (s) furnished by the Subscriber
in the SRF.
b. Without prejudice in case of any suspension due to failure to make
payments by Subscriber, the Service shall not be re-connected till the
Company realizes payment of all pending Charges.
c. During the period of such suspension the Subscriber shall continue
to be liable for all applicable Charges.
d. If Company exercises its right to suspend the Service, whenever
reasonably practicable, give prior notice of such suspension and use all
reasonable efforts to resume the Service as soon as practicable.
e. In case of non-compliance with these terms and conditions along with
the applicable rules and regulations, user agreement and privacy policy
for access or usage of Service, the Company shall have the right to
immediately terminate the access or usage rights of the Subscriber to
the Service
8. Limitation Of Liability And Indemnification
a. The liability of the Company for damages arising out of the
provision or use of the Service, Service Equipment or failure to provide
the Service or any matter hereunder including but not limited to
mistakes, omissions, interruptions, delays, tortuous conduct or any
representations, whether caused by acts of commission or omission shall
be limited to the value of the Charges payable in the month in which the
event giving rise to the liability occurred. The above shall be the sole
remedy of the Subscriber.
b. Company shall under no circumstances be liable to the Subscriber for
any indirect, incidental, special, consequential, exemplary or punitive
damages including but not limited to damages for any adverse impact on
business, loss of profits or loss of revenue or any payments to third
parties, whether or not arising out of provision of Service,
Subscriber’s use of, or inability to access any part of the Service,
Service Equipment or Subscriber’s TIPL on or use of information,
services or merchandise provided on or through the Service and
regardless of whether the Parties have been informed of the possibility
of such damages.
c. The Company shall not be liable to make any refunds whatsoever in
case of non-utilization of the Service or Service Equipment by the
Subscriber for any reason.
d. The Subscriber shall defend, indemnify and hold the Company harmless
against any and all liabilities incurred such as losses, damages, costs
and expenses and third party claims against the Company due to the
following reasons;
I. Arising from any fraud or illegality in relation to or unauthorized
use of the Services, Service Equipment or CPE by Subscriber or any third
party or other person(s);
II. Against any intellectual property infringement claims in relation
to use of Service Equipment or CPE to make use of the Service.
III. From any failure by Subscriber and/or its authorized users to
comply with the provisions of the Agreement
IV. From any failure by Subscriber to comply with Applicable Law or
relating to content, information or data transmitted using the Services
or relating to the provision of the Service.
V. From any and all claims for physical property damage, personal
injury or wrongful death regardless of whether such claims arise out of
the negligence or wilful misconduct of the Subscriber or its employees,
agents, or contractors in connection with the use or provision of the
Service.
e. If a Party (“Requesting Party”) makes an indemnification request to
the other (“Indemnifying Party”), the Requesting Party shall permit the
Indemnifying Party to control the defence and disposition or settlement
of the matter, as applicable, at its own expense; provided that the
Indemnifying Party shall not, without the express prior written consent
of the Requesting Party, enter into any settlement or agree to any
disposition that imposes any criminal liability on or charge against the
Requesting Party. The Requesting Party shall at all times have the
option to participate in any matter or litigation through counsel of its
own selection and at its own costs.
9. Intellectual Property Rights
A. The Company confirms that all corporate names, service marks, logos,
trade names, trademarks, websites and domain names (collectively the
“Company Marks”) in respect of the Service and Service Equipment are and
shall always remain the exclusive property of the Company and nothing in
this Agreement shall grant the Subscriber the license to use, reproduce,
or commercially exploit such Company Marks for any purpose. The Company
confirms that all other intellectual property rights such as copyrights,
patents or designs whether registered or not, that exist in any
software, hardware or firmware provided along with Service or Service
Equipment and all proprietary information, trade secrets and know how
(collectively the “Company IPR”) in respect of the Service, and Service
Equipment are the exclusive property of or are provided to Subscriber
under valid licenses by Company and/or its Affiliates(s) under the
Applicable Laws. The Subscriber vide the Agreement is granted a
non-transferable/ non assignable exclusive license to use such IPR that
may exist in the Services and Service Equipment, provided that such
permissive use shall in no way be deemed to construe or operate as a
transfer or assignment of any right, title or interest, in any of the
said IPR.
B. The Subscriber undertakes not to copy, reproduce, modify, decompile
or reverse engineer any software, hardware or firmware in the Service
Equipment in any manner whatsoever.
C. Subscriber further undertakes not to directly or indirectly
reproduce, distribute, publish, copy, download or otherwise exploit any
third party content which is protected by copyright or similar rights
unless Subscriber owns or controls the relevant rights thereto or have
obtained all the requisite licenses and approvals from the third party.
For the purpose of this clause “third party content” means and includes
all information, software, any other material and media provided by any
independent third party that can be accessed by Subscriber through or by
virtue of the Service and /or Service Equipment.
D. The Subscriber agrees to indemnify, defend and hold harmless the
Company from all third party actions whether civil or criminal that may
arise as a result of breach of undertaking in clauses 10.a, 10.b and
10.c of Termination Section by Subscriber, and /or infringement or
violation of third party intellectual property rights by Subscriber or
its users which may give rise to third party claims for damages,
penalties and such other pecuniary liabilities.
E. The Subscriber acknowledges its obligation to immediately bring to
Company’s notice any improper, wrongful or illegal use of the Company
Marks or Company IPR, which it becomes aware of or which are brought to
its notice.
10. Termination
A. The Company may terminate the Service on the occurrence of one of
the following events: (a) forthwith by notice if the Subscriber has
committed a material breach of the Agreement which it fails to remedy
within thirty (30) Business Days of having been notified of such breach;
or (b) if the Subscriber has a receiver or an administrative receiver
appointed over it or over any part of its undertaking or assets or
passes a resolution for winding up (other than for the purpose of a bona
fide scheme of solvent amalgamation or reconstruction) or a court of
competent jurisdiction makes an order to that effect or (c) if the
Subscriber becomes subject to an administration order or if it enters
into any voluntary arrangement with its creditors or if it ceases or
threatens to cease to carry on business, or undergoes or is subject to
any analogous acts or proceedings under any Applicable Law.
B. Notwithstanding any other provision, the Company may terminate a
Service immediately on written notice to Subscriber if: (a) with the
exception of Clause 8.a.iii, a suspension made pursuant to Clause 8
hereinabove continues for a period of more than seven (7) days or (b)
Subscriber fails to pay any Charges by the Due Date.
C. Subscriber may terminate a Service (a) on thirty (30) Business Days
written notice to take effect on the expiry of the Service Contract
Period or (b) on thirty (30) Business Days written notice provided such
notice is issued prior to the Service Activation Date. In the event
Subscriber does not terminate the Agreement as indicated in (a) above
then it shall be deemed to have automatically renewed the Service on the
same terms and conditions of this Agreement on the first Business Day
after the expiry of the Service Contract Period and further deemed to
have accepted all the Charges that have accrued and become due and
payable to the Company as on the date of renewal of the Service Contract
Period and the Agreement. In case Subscriber terminates the Service as
per (b) or terminates the Service after Service Activation Date but
prior to the expiry of the Service Contract Period then the Subscriber
shall be liable to pay to the Company all the Charges as mentioned in
the Exit Policy of the respective PTCs.
D. Service Cessation. The Company may terminate the Service (a) upon
thirty (30) Business Days written notice to Subscriber if it ceases to
provide that Service on a commercial basis at the Subscriber Premises or
(b) on thirty (30) Business Days written notice to take effect during or
after the expiry of the Service Contract Period. In the event that the
Company terminates the Service under sub clause (a), it shall refund to
Subscriber the balance rental Charges paid by the Subscriber to the
Company for the un-expired portion of the Service Contract Period.
E. No Relief. Termination of any Service will not relieve Subscriber of
its obligation to pay any Charges due, owing or incurred under the
Agreement.
11. Force Majeure Neither Party will be liable for any delay or failure
in performance under the Agreement resulting from acts beyond the
control of such Party, including without limitation acts of God, acts or
regulations of any Authorities or international authority, war or
national emergency, whether declared or undeclared, terrorism, accident,
fire, lightning, equipment failure, computer software malfunction or
design defect, electrical grid/ power failure, telecommunication line or
submarine cable failure, acts or omissions of other telecommunications
providers, riots, strikes, lock-outs, industrial disputes (whether or
not involving a Party’s employees) or epidemics of infectious diseases
(“Force Majeure Event”).
12. Confidentiality
Commencing from the date of the Agreement and continuing for a period of
2 years from the expiry or termination of the Agreement, each Party will
protect as confidential, and will not disclose to any third party, any
Confidential Information. The Company may disclose Confidential
Information to debt collection agencies, credit bureaus or professional
advisers, Provisioning Entities or affiliates for the purposes of debt
collection from Subscriber. The Parties will use Confidential
Information only for the purpose of the Agreement. The foregoing
restrictions on use and disclosure of Confidential Information do not
apply to information that: (a) is in the possession of the receiving
Party at the time of its disclosure and is not otherwise subject to
obligations of confidentiality; (b) is or becomes publicly known,
through no wrongful act or omission of the receiving Party; (c) is
received without restriction from a third party free to disclose it
without obligation to the disclosing Party; (d) is developed
independently by the receiving Party without reference to the
Confidential Information, or (e) is required to be disclosed by law,
regulation, court or governmental order provided that the disclosing
party is notified of such requirement.
13. Data Protection And Privacy
A. Company shall take adequate measures of data protection and
protection of privacy in respect of information and data regarding the
Subscriber, its employees and end users as provided for under the
License. This information and data (“Subscriber Data”) may include, but
not be limited to, nature or profile of data transmissions and other
data gathered as part of providing the Service or necessary for the
establishment, billing or maintenance of the transmission, data
containing personal and/or private information, and other data provided
to or
obtained by the Company in connection with the provision of Service.
Subscriber acknowledges and agrees that the Company may use, process
and/or transfer Subscriber Data only (a) in connection with provisioning
of Services; (b) to incorporate Subscriber Data into databases
controlled by the Company for the administration, provisioning, billing
and reconciliation, verification of Subscriber identity and solvency,
maintenance, support and product development, fraud detection and
prevention, sales, revenue and Subscriber analysis and reporting, and
market and Subscriber use analysis; (c) to communicate to Subscriber
information on products and services of the Company or its partners via
voice, letter, facsimile or email from time to time and (d) to comply
with Applicable Law.
B. Subscriber warrants that it has obtained and will obtain all legally
required consents and permissions from relevant parties for the use,
processing and transfer of Subscriber Data as described in this clause.
14. Notices
A. The address for service of all notices in relation to any disputes
shall be as under;
B. In case of notices to Company it should be electronically mailed to
Devendra Building,Near Marikambha Temple,Adu Maroli to Jayanagar Road,
Maroli, Mangalore, Karnataka 575005 In case of notices to the
Subscriber, the same shall be sent to the Subscribers Central Billing
Address as stated in the CRF or Registered place of business.
C. Any notice required or permitted to be given in writing hereunder
will be in English, and sent via email, facsimile, overnight courier;
hand delivery or certified/registered mail, to the Parties at the
addresses set out in the SRF or such other addresses as may be specified
by written notice. Notice sent in accordance with this clause will be
deemed effective: (a) the day after transmission, if sent by email, (b)
when electronic confirmation is received, if sent by facsimile; (c) the
acknowledged delivery date, if sent by overnight courier, (d) when
received, if hand delivered; or (e) five (5) days after being sent, if
sent via certified or registered mail. A Party may from time to time
designate another address or addresses by notice to the other Party in
compliance with this clause.
15. Miscellaneous
A. Governing Law & Jurisdiction: The validity, construction and
performance of the terms and conditions of the Agreement shall be
governed by, interpreted and construed in accordance with the Law of the
Republic of India. The Parties hereto agree to submit to the exclusive
jurisdiction of the courts at Mumbai, India.
B. Unenforceable Provisions: If any provision of the Agreement is held
by a court or any Authority to be invalid, void or unenforceable, the
remainder of the Agreement will nevertheless remain legal, valid and
enforceable.
C. No Amendments: Save as specified herein, this Agreement shall be
modified only by the written agreement of both Parties.
D. Entire Understanding: The Agreement expresses the entire
understanding of the Parties and replaces any and all former agreements,
understandings, solicitations, offers and representations relating to
the Company’s performance in connection with the Agreement and contains
all the terms, conditions, understandings, representations and promises
of the Parties hereto. For the purposes of this Agreement any additional
clauses or terms contained in any PO or any commercial terms/proposals
shall be deemed to be voidable at the Company’s option, to the extent
they are in conflict with or are inconsistent with or deviate from the
provisions of the Agreement.
E. No Waiver: Failure by either Party to exercise or enforce any right
or benefit conferred by the Agreement, including the Company’s right to
deliver invoices in accordance with the relevant clause hereinabove
shall not be deemed to be a waiver of any such right or benefit nor
operate so as to bar the exercise or enforcement thereof or of any other
right or benefit on any later occasion. The Company’s rights and
remedies in respect of any misrepresentation or breach by Subscriber
under the Agreement shall not be prejudiced by any investigation or
credit check carried out by the Company or the execution or performance,
in whole or in part of the Agreement or by any other action of the
Company that but for this clause might prejudice such rights and
remedies.
F. Principle to Principle: Nothing in the Agreement and no action taken
by the Parties pursuant to the Agreement will constitute or be deemed to
constitute between the Parties, a partnership, association, joint
venture, or other co-operative entity.
G. Continuity: The provisions of this Agreement that by their very
nature shall survive expiry or earlier termination of the Agreement
shall remain in full force and effect after such expiry or termination.
H. AirNet self care portal home page will have advertisements and
promotions of third parties. These product/services are not provided b
airnte. The subscriber’s legal relationship in respect of those
products, services and that information shall be with such third party
supplier to whom the product belongs.
I. Airnet does not check or warrant the accuracy or completeness of the
information or the suitability or quality of the products and services
of the third parties. Subscriber must make their own enquiries with the
relevant third party supplier directly before relying on the third party
information or entering into a transaction in relation to the third
party products and services supplied via TIPL Service. Subscriber should
agree to the “terms and conditions” laid down by such third party.
J. AirNet may receive fees and/or commissions from third parties for
goods and services of such third parties displayed or made available on
self care portal or website or accessible through a hyperlink on any of
the above.
K. If the Subscriber is using a promotional plan then T&C of that plan
will be applicable.