NAME & ADDRESS OF SERVICE PROVIDER
Meghbela Cable & Broadband Services Pvt.Ltd.
35B/1B.Raja Naba Krishna Street, Kolkata – 700 005
SERVICES OFFERED & LOCATIONS
Meghbela Cable & Broadband Services Pvt.Ltd. offers Internet Services by virtue of an all India Category A ISP License No. DS-11/130/2015-DS-III dated. 11/07/2016.
TERMS AND CONDITIONS OF SERVICE
- “Agreement” shall mean, unless otherwise specifically provided for, the CAF along with any other document duly executed and accepted by the Company and Customer at the time of Order booking.
- “Applicable Law” shall mean any law that is applicable in a particular context and includes both Central and State legislation as may be amended or repealed from time to time, including specifically the Indian Telegraph Act, 1885, The Wireless Telegraphy Act, 1933, and the Telecom Regulatory Authority of India Act,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, 2000and 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.
- “Agent” or “Franchisee” shall mean a Company or a person have access, by ownership or by own arrangement with owners or otherwise, which is capable of delivering services of Meghbela.
- “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 Agent/Customer to the Company.
- “Company” shall mean Meghbela Cable & Broadband Services Pvt. Ltd. having its registered office at 35B/1B. Raja Naba Krishna Street, Kolkata – 700 005.
- “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) 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 Agent/Customer 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 agent or franchisee providing a Service to Customer other than the Company, which may be a subcontractor of the Company.
- “Purchase Order” (“PO”) shall mean the Customers documents, if any, by which the Service may be ordered from the Company.
- “Service” shall mean the Service subscribed to, by the Customer as indicated in the PO.
- “CAF” CustomerRegisteration form.
- “Service Activation Date” means, the date on which the Customer 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 Customer Premises in order to make the Service available to theCustomer.
- “Service Contract Period” means, the minimum committed subscription period subscribed to, by the Customer for the provision of the Service as set out in the CAF.
- “Customer” shall mean any person, agent, company, franchisee, or any other entity that has subscribed for the Services under the CAF.
- “Customer Premise Equipment” or “Customer Premise Equipment (CPE)” means the existing equipment, systems, cabling, and facilities of the Customer or provided to the Customer 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.
- “Customer Premises” shall mean the location /or Service Installation Address of the customer as provided in the CAF where the Service is provided and the Service Equipment is installed.
- “Tariff” shall mean the commercial plan or tariff schedule offered by the Company.
- “Taxes” shall mean all taxes applicable (whether existing or new) on the Service and ServiceEquipment, for which the Customer is being charged.
Scope of Service
- Offer Internet Service on prepaid model and /or postpaid model.
- Delivery of Services- the Company shall provide the Services to the Customer as per theCAF, subject to the provisions of the Agreement and the terms of the license. The Customer undertakes to accept and pay upon the Due Date for the said Services and chargeable Service Equipment in accordance with terms of the Agreement.
- The Company shall use all reasonable efforts to commence delivery of the Service on theService Activation Date, subject however to the fulfillment by the Customer of its obligations as detailed in the Agreement.
- The Company shall be entitled to determine the most appropriate means of providing the service, including the method, technology, and route of delivery of the Service to the Customer.
- The Company reserves the right to vary, modify the Service at its sole discretion for technical, business, or any other reasons.
- The Company may at any time, substitute or change the configuration or routing of its Service Equipment used to provide the Services.
- Provision of the Service to the Customer shall be subject to the terms of the License and the Agreement.
- Service Quality- during the Service Contract Period, the Company shall endeavor tomaintain commercially acceptable levels of Service availability.
Service quality, functionality, availability or reliability may be affected and the Companyshall not be liable for such disruptions/ interruptions/ deficiency in case they are due tothe following reasons;
- Planned repairs, modifications or maintenance notified to Customer in advance,
- Unauthorized changes to Service Equipment or CPE made by Customer withoutnotifying the Company,
- Any fault in equipment other than Service Equipment or a fault arising from outsidethe Network,
- Force Majeure Events,
- Any fault in or damage to Service Equipment or Network or components thereof forreasons beyond the reasonable control of the Company
- Refusal by Customer to allow testing or repair of Service or Service Equipment and useby Customer of the Service on an impaired basis, including refusal to allow access toCustomer Premises to the Company personnel,
- Failure in providing stable power and the other infrastructure required for ServiceEquipment and/or Customer Equipment,
- Customer scheduled maintenance,
The Customer shall pay all reasonable costs incurred by the Company in investigating and remedying any Service difficulty which is attributable to:
- the negligence, act, omission, breach or fault of the Customer or its agents, or
- the failure or malfunction of CPE that connects to the Service as and where applicable.
- In the event of there being any deficiency in the Services or Service Equipment, the customer shall within a period of seven (7) Business Days from the occurrence of the deficiency notify the Company, and thereupon the Company shall endeavor to rectify the same in a reasonable period.
If the Customer 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:
- PC to PC ; within or outside India
- PC /a device / adapter conforming to standards of International agencies like ITU, IETF etc; in India to PSTN/PLMN abroad
- Any device /adapter conforming to standards of International agencies like ITU, IETF, etc; connected to ISP node with the static IP address to similar device/adapter; within or outside IndiaAddressing 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. The customer acknowledges that VoIP will not be used in any form other than what is permissible under the Internet services license. The customer acknowledges that the IP given will not be used for terminating VoIP calls on a domestic PSTN network.
Billing and payment
- Invoices – The Company shall send bills/invoices/statement of charges (collectively the”Invoice”) through post/ courier or electronic media to the Customer.
- The Company reserves the right to raise and /or collect Invoice by itself directly orthrough any of its nominees, agent or franchisee.
If Customer fails to pay the Charges in accordance with the Agreement, it can be treated as a material breach of the terms and 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;
- 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.
- Exercise a lien over any CPE whether pursuant to the Agreement or any other agreement with the Company.
- Suspend or terminate the Services as per the Agreement.
- Additional services: The Customer shall pay the Charges for any additional ServiceEquipment or other services that it may require for customization or up-gradation of the service and the Service Equipment. Any such provisioning of customized or upgraded Services for the Customer shall not be deemed to constitute a waiver of theCustomer’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.
- Suspension/ reconnection- Reconnection of the Services shall be at a cost, as decided by the Company from time to time. The Customer shall be liable to pay all Charges for reconnection of the Services, as notified by the Company from time to time.
- Variation- The Company shall be entitled to change, vary and modify the Service or ServiceEquipment 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 Customers.
- The Charges / Tariff package is based on prevailing industry norms and regulations.
- Customer 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 legal recourse to enforce payment.
- Disputes in Billing & Payment: In case Customer disputes any Invoice or part of an Invoice, Customer 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 a number of disputed Invoices; (b)amount in dispute; (c) reason for dispute; and (d) supporting documentation as appropriate. If Company does not receive any notice of dispute from Customer within such stipulated period, Customer shall be deemed to have accepted the Charges on the Invoice as being correct. Should Customer dispute the Charges on the Invoice, Customer 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 overpayment, if any, in the form of a credit in the next Invoice.
Rights and Obligations of the Company
- In performing its obligations under this Agreement, the Company shall at all times exercise reasonable skill, care and will ensure that it complies with the Applicable Law while provisioning the Services.
- 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 Customer without express permission or authority of the Company with reference to the Service or Service Equipment.
- 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.
- 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 Customer to any Authority, including but not limited to any Govt. agencies, and reserves the right to comply with the directions of such Authorities at its discretion and without intimating the Customer.
- The Company reserves the right to seek/verify particulars provided by the Customer to the Company, in any manner without notice or intimation and reserves the right to reject any CAF, for reasons including lack of technical feasibility, incorrect particulars provided by Customer or failure to furnish the same, and without any obligation to disclose such reasons or liability. Any information provided by a prospective customer /gathered by the Company in relation to the CAF shall become the Company’sproperty even if the CAF is rejected and such information will be retained by the Company in case of termination or discontinuance of the Service.
- The Company reserves the right to refuse any request by the Customer to transfer/relocate the Service Equipment to an alternate Customer Premise and is not obliged to furnish any reasons for such refusal. In case Company consents to such transfer/ relocation of Service Equipment, the Customer shall furnish fresh particulars with respect to the alternate Customer Premise and pay all Charges to the Company in respect of the transfer relocation.
- The Company, its agents, or franchisees shall be allowed free access to the customer Premises to remove the Service Equipment in case of termination, discontinuation or suspension of the Service.
- Where applicable, the Company provide the necessary bandwidth up to the Customer premises, thereafter the entire cable and infrastructure till the point of presence of the internet Customer will be provided and managed by the Customer.
Customer shall not host, display, upload, modify, publish, transmit, update or share anyinformation that:
- belongs to another person and to which the Customer does not have any right to;
- is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic,pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnicallyobjectionable, disparaging, relating or encouraging money laundering or gambling, orotherwise 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 communicatesany information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed tointerrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defence, security or sovereignty of India, friendlyrelations with foreign states, or public order or causes incitement to the commission ofany cognizable offence or prevents investigation of any offence or is insulting anyother nation.
Duties and Obligations of the Customer
- 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 Customer shall be solely responsible for such acts. The Customer 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 a breach of third party privacy.
- Relocation: Bear all additional costs and Charges of transfer/ relocation of ServiceEquipment or alteration /modification of Service or Customer 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 Customer Premises to its original state in such cases of transfer/ relocation or alteration/modification.
- Cooperation: At its own expense provides 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 agent / franchisee failure to provide appropriate infrastructure at Customer Premises.
- Access: Permit the Company’s employees /authorized representatives to inspect theCustomer 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.
- 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 Customer Premises.
- 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 Customer in respect of any ServiceEquipment installed at the Customer Premises.
- In case the Service Equipment is lost, misplaced, or stolen, the Customer shall inform the Company immediately. Alternate Service Equipment will be provided and activated after receiving 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 from Customer premises.
- Forthwith return the Service Equipment to the Company in the event the Company terminates the Service for any reason whatsoever or the Customer discontinues use of the Service.
- 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.
- House the Service Equipment at Customer Premises in accordance with the Company’sinstructions as may be given from time to time and in a suitable environment as per prevailing standards; including the specifical provision of secured space to install ServiceEquipment and provision of infrastructure and convenient access.
- 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;
- Not cause the Service Equipment to be repaired, serviced, or otherwise attended to except by an authorized representative of the Company;
- 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 Customer or its users.
- 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 Customer Premise.
- Customer must comply with all relevant security procedures and standards with respect to CPE that interfaces with the Service or Service Equipment and shall cooperate 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.
- Be responsible for procurement, maintenance, compatibility, and performance of CPE.
- Personal Injury: Be responsible and liable for any personal injury, death or tangible property loss arising at the Customer Premises resulting from negligent acts of omission or commission of the Customer, its employees, and agents.
- Compliance with Applicable Law: Customer and its users shall comply with all applicable laws, 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 ServiceEquipment.
- Not use the Service for or allow any connection to a Public Switch TelecommunicationNetwork from Customer Premises. In the event, Customer breaches the provisions of this clause its liability shall be unlimited as regards liquidated damages and undertake 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.
- Not terminate any third-party services on the Company’s network.
- No assignment- Customer 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 Customer of its duty towards the Company in respect of Charges
Suspension: The Company may, at its sole discretion and without prejudice to any otherright which it might have to terminate the Service, elect to suspend forthwith theprovision of a Service until further notice if the Company:
- Is obliged to comply with Applicable Law;
- Needs to carry out emergency or planned works, any maintenance activity and/orplanned outages to the Network or Service Equipment;
- Has reasonable grounds to believe that the Service is being used fraudulently, illegallyor in association with illegal activities or otherwise not in accordance with anyApplicable Law; or
- Has reasonable grounds to believe that Customer will not or is unable to pay anyCharges that is due or is to fall due to the Company.
- Determines that Service transmission is limited due to physical obstruction,geographic, topographic, hydrological, meteorological and other causes of radiointerference or faults in other telecommunication networks to which the Network isconnected.
- Notifies the Customer of a Force Majeure Event.
- Any discrepancies / wrong particular (s) furnished by the Customer in the CAF.
- Due to failure tomake payments by Customer, the Service shall not be re-connected till the Companyrealizes payment of all pending Charges.
- During the period of such suspension the Customer shall continue to be liable for allapplicableCharges.
Limitation of Liability and Indemnification
- 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 Customer.
- Company shall under no circumstances be liable to the Customer 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 the provision of Service, Customer’s use of, or inability to access any part of the Service, services or merchandise provided on or through the Service and regardless of whether the Parties have been informed of the possibility of such damages.
- The Company shall not be liable to make any refunds whatsoever in case of non-utilization of the Service or Service Equipment by the Customer for any reason.
The Customer 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;
- Arising from any fraud or illegality in relation to or unauthorized use of the Services, Service Equipment or CPE by Customer or any third party or another person (s);
- Against any intellectual property infringement claims in relation to use of ServiceEquipment or CPE to make use of the Service.
- From any failure by Customer and/or its authorized users to comply with the provisions of the Agreement
- From any failure by Customer to comply with Applicable Law or relating to content, information, or data transmitted using the Services or relating to the provision of the service.
- 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 willful misconduct of the Customer or its employees, agents, or contractors in connection with the use or provision of the Service.
QUALITY OF SERVICE BENCHMARK SPECIFIED BY REGULATOR
Meghbela will follow the TRAI regulations on Quality of Service (QoS) and benchmark standards, including time frames, defined therein.
DETAILS OF EQUIPMENT OFFERED
Equipment means any and all devices supplied by the Meghbelathat are used to deliver the internet Services, including but not limited to all terminal and other equipment, wires, cables, ports, routers, switches, cabinets, racks, Customer Premise Equipment(Both Indoor and Outdoor), antenna, radio and the like. Equipment shall not include any such devices sold to Customer by the Service Provider or owned by the Customer.
RIGHTS OF CONSUMERS
- Right to select service provider of their choice.
- Right to get information regarding tariff before provision of service and every time the tariff ischanged, especially adversely affecting the consumer.
- Right to be informed before activation of any value added service, which is chargeable.
- Right to receive services in accordance with the quality of service parameters prescribed by
TRAI from time to time.
- To seek legal remedy in case the grievances of the consumer is not settled.
- Right of consumers for termination or disconnection of service: however obliged to make
payment of all the bills in respect of services availed by him.
- No value added service shall be provided to a customer without his explicit consent.
- Consumer have right to receive unique docket number for every complaint registered by them.
- Consumer can terminate the services by sending a written request, Fax, E-mail to theCompany. The termination of service shall be subject to the return or recovery of thecustomer premise equipment, wherever applicable. The bills are checked, reconciliation isdone and any amount, if due after adjusting the outstanding dues, is returned to theConsumer from his security deposit, if any.
DUTIES & OBLIGATIONS OF SERVICE PROVIDER
- To offer services in accordance with the license conditions prescribed in the ISP License issued by DoT and applicable regulations prescribed by TRAI from time to time.
- A tariff plan once offered shall be available to a Customer for a minimum period of 6 months from the date of enrolment of the Customer to that tariff plan.
- To provide services in adherence to the quality of service parameters prescribed by TRAI from time to time.
- To establish a complaint center, to provide access to its consumers to a web-based complaint monitoring system, and to constitute an appellate authority to deal with consumers in case of non-redressal of a complaint by complaint center, in accordance with the Telecom ConsumersComplaint Redressal Regulations 2012.
- A unique docket number is allotted to every complaint made by the consumer.
- Service Provider to ensure that the tariff plans are communicated in a transparent manner to its consumers.
- The Service Provider cannot provide any chargeable value-added service without the explicit consent of a customer.
GENERAL INFORMATION & CONSUMER CARE NUMBER*:
- Toll Free Number 18001025111
- Email firstname.lastname@example.org
COMPAINT REDRESSAL MECHANISM
The Complaints of Consumers are resolved by our Customer care executives at the below contact:
- Toll Free Number 18001025111
- Email email@example.com
- Post/Courier Meghbela Cable & Broadband Services Pvt.Ltd.
35B/1B.Raja Naba Krishna Street, Kolkata – 700 005
- A unique docket number referred to as Trouble Ticket No. is provided to the consumer forall complaints.
- If the complaint is not resolved or not resolved to your satisfaction, consumers can appealto Appellate Authority within thirty days of closure of complaint.
HANDLING OF COMPLAINTS BY COMPLAINT CENTER (CALL, EMAIL AND WRITTEN COMPLAINT)
- Complaint Centre shall, immediately on receipt of a complaint from a consumer, register suchcomplaint and allot a unique number to be called the Trouble Ticket number.
- Service Provider shall retain in the system, the details of complaints against each docket
number for a minimum period of three months.
Complaint Centre shall –
At the time of registering of the complaint —
- communicate, through call/mail, to the consumer the docket number, date and timeof registration of the complaint and the time within which the complaint is likely to beresolved; and
- update the system with the date and time of registration of the complaint, docketnumber assigned under sub-regulation (1), the telephone number of the consumer, andthe time indicated to the consumer for resolution of the complaint;
On completion of action on a complaint —
- Communicate to the consumer, through call/mail, the details of the action taken onthe complaint; and
- Update the system with the details of action taken.
- Service Provider shall ensure that all complaints and service requests of customers areredressed in accordance with the time frame as specified under the Quality of Serviceregulations issued by the Authority.
- Where a time limit has not been specified under the Quality of Service regulations issued bythe Authority, the complaints and service requests shall be addressed within a time period notexceeding three days.
DETAILS OF APPELLATE AUTHORITY
In the event, you are still not satisfied with the resolution provided from the Customer Care Centre, you can approach the Nodal Officer to file an appeal on your complaint. The details of the Nodal Officer:
- Name: Mr. Rehan Jafri
- Address: 35B/1B.Raja Naba Krishna Street, Kolkata – 700 005
- Tel: +91 18001025111
- Email: firstname.lastname@example.org
- Nodal Officer is Available on all working days (Monday to Saturday) 10:00am to 6:00pm
PROCEDURE FOR TERMINATION / DISCONNECTION OF SERVICE
The Company may terminate the Service on the occurrence of one of the following events:
- forthwith by notice if the Customer 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
- if the Customer 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
- if the Customer 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.
Customer may terminate a Service
- on thirty (30) Business Days written notice to take effect on the expiry of the Service Contract Period or
- on thirty (30) Business Days written notice provided such notice is issued prior to the Service Activation Date. In the event Customer 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 Customer 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 Customer shall be liable to pay to the Company all the Charges as applicable.
No Relief. Termination of any Service will not relieve Customer of its obligation to pay any Charges due, owing or incurred under the Agreement.
Intellectual Property Rights
- 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 Customer the license to use, reproduce, or commercially exploit such Company Marks for any purpose.
- The Customer undertakes not to copy, reproduce, modify, decompile or reverse engineer any software, hardware, or firmware in the Service Equipment in any manner whatsoever.
- Customer 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 Customer 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 Customer through or by virtue of the Service and /or Service Equipment.
- The Customer 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 a breach of undertaking by Customer, and /or infringement or violation of third party intellectual property rights by Customer or its users which may give rise to third party claims for damages, penalties, and such other pecuniary liabilities.
- The Customer 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.
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.
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 for the purposes of debt collection from Customer. 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:
- is required to be disclosed by law, regulation, court, or governmental order provided that the disclosing party is notified of such requirement.
Limitation of Liability:
Service Provider and the employees thereof shall be not liable to the Customer or to any other person for all or any indirect, special, incidental, or consequential damage arising out of or in connection with the provision of the Service or inability to provide the same whether or not due to suspension, interruption or termination of the Service or for any inconvenience, disappointment due to deprival of information whether attributable to any negligent act or omission or otherwise.
The Customer hereby indemnifies and hold harmless the Service Provider, its employee’s from all the loss, claims, demand, suits, proceedings, damages, costs, expenses, liabilities (including, without limitation, reasonable legal fees) or cause of for use and misuse of the Service or for non-observance of the Terms by the Customer.
Notice at the Installation Address shall be deemed to be sufficient and binding on the Customer.
All disputes and differences with respect to these Terms between the Customer and Service Provider shall be subject only to the jurisdiction of the courts at Kolkata.
If any of the provisions of these Terms becomes or is declares illegal, invalid, or unenforceable for any reason by the Authority (TRAI), the other provisions shall remain in full force and effect and no failure or delay to exercise any right or remedy hereunder shall be construed or operate as a waiver thereof. Terms may be amended by the authority (TRAI) from time to time and shall be binding on all.