Term And Conditions
Terms and Conditions
Terms and Conditions
- 1.INTERPRETTION
1.1 In this context unless the context otherwise require:-
“Company” means Dizitel Futuretech Pvt Ltd/ dealer/ retailer / distributor/ service provider having its office at G-132 Lajpat Nagar, Sahibabad Ghaziabad.(U.P.) And its successors and assigns, and all other entities involved in the provision of the service.
“The Price List” and “The Service Packages” means the schedule of charges for the Service, which the Company provides.
“Contract” means the agreement between the Company and Customer incorporating these conditions, the registration form and the Price List.
“Customer” means any persons as defined under the Act to whom the company makes this Contract with. It includes a person who is acting on or behalf of the Customer.
“Information” means the visual, textual or other information published or otherwise made available (directly or indirectly) on the Internet using Service.
“The Service” means the service provided by the Company whereby Customer can gain access to the Internet and, where applicable, any Service and facilities which the Company provides and Customer uses in connection with the Service and which are invoiced to the Customer.
“Subscriber” means a “Customer” who has purchased the Service from the Company or its dealer/ distributor, limited by downloads and amount, and paid the Company or its dealer/ distributor in advance for the Service.
“Third Party Content” means all information, software and other content provided by any independent third party that can be accessed through or by virtue of the Service.
1.2 Company Price List contains explanations, notes and conditions, which form part of this Contract.
1.3 These conditions, the Price List and the registration shall form part and parcel of this Contract between Customer and the Company for the provision of the Service.
2. PROVISION OF THE SERVICE
2.1 Company reserves the right to grant or not to grant the service to a prospective customer subject to all material particulars being found correct on verification by the Company.
2.2 Company agrees to provide Customer with the Service on the terms and conditions of this contract.
2.3 The subscriber acknowledges that no unused access limits will be carried forward after the expiry of download limit or after the expiry of amount paid by subscriber, whichever is earlier.
2.4 The service is supplied for decent and lawful purpose only and without any express or implied warranties save for those warranties implied by Indian Law.
2.5 The Service is provided on an .AS IS and AVAILABLE. Basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title, non-infringement or implied warranties of merchantability of fitness for a particular purpose. No advice or information given by the Company its affiliates or their respective employees shall create a warranty. Neither the Company nor its affiliates warrant that Service will be uninterrupted or error free or that any information, software or any other material accessible on the Service is free of virus, worms. Trojans horses or other harmful components.
2.6 The Service remains Company’s exclusive property, Customer being licensed only during sustenance of this contract to use it to obtain access to the Service. At the end of the contract the right to use the Service ceases.
- 3.PROVISION OF HARDWARE FOR THE SERVICE
3.1 Modem and other hardware is not part of the standard package and will have to purchased by the Customer. The subscriber shall be exclusively for making arrangements for getting the necessary hardware and software at his end. It is explicitly agreed that Company does not undertake any responsibility with regard to procuring/ installing/ maintaining the hardware and / or software at the Customer’s end.
3.2 The Company makes no warranties of any kind, expressed or implied in respect of the customers modem and hardware, and also disclaims any warranty of fitness for a particular purpose.
3.3 Customer is advised to use cable modems / routers recommended by the Company. The Price List mentions the pricing to Cable Modem / router.
3.4 Company technicians will install the Cable wire up to Customer's premises and connect the cable to Customer's Computer/ Local Area Network where Customer wishes to have internet Access.
- 4.CHARGES
4.1 Customer acknowledge and agrees that they will pay the Company the initial sign up fee monthly fee and other charges as and when they fall due as may from time to time be notified to Customer by the Company in accordance with this Contract. Customer also agrees to pay all applicable statutory taxes relating to the use of the Service by Customer.
4.2 Company shall not be liable to refund any amount to the Customer when the Service is 'down' or suspended.
4.3. Company reserves the right to revise the charges, Price List, Service Packages for the Service from time to time at its discretion, which will be binding on the customer.
4.4. Customer agrees to pay all amounts billed for Services and to pay all taxes, fees and other charges, if any, which are now or may in the future be assessed on the Services Customer receives from Company.
4.5 Dizitel will bill each months in advance for services ordered by customer or anyone who uses customer’s or Company’s equipment, whether with or without permission until customer cancels the Services. The bills will show the total amount due, the payment due date, payments, credits, purchases and other charges to Customer’s account.
4.6. Payment is due on the due date mentioned on the receipt. All charges must be paid in full without any deduction, set-off or with holding. If the Customer does not pay the amount due by the due date, the Company will be entitled to charge interest @ 2% per month on the outstanding amount until the outstanding amount has been paid by the Customer.
4.7 It will be Customers responsibility to inquire about Customer outstanding and in case of non-receipt of bill, Customer have to contact the Company and pay the amount by the due date. Company reserves the right to withdraw/suspend/terminate the Service partially or fully in case of non-payment of invoice by the due date.
4.8. All the terms and conditions of the Service Package plans and payments shall be notified by the Company from time to time by way of Service Packages and shall be binding on Customer. All the subsequent Service Packages/manuals/booklets etc., issued by the Company from time to time shall be binding on Customer.
4.9. The subscriber agrees to pay the monthly / quarterly / semi-annual/annual charges by way of Direct Bank Debit system or any other system of payment as stipulated by the Company. Should the Company proposes Direct Bank Debit system or any such other system, the Customers shall issue Standing Instructions to their Bank authorizing the Company or its Banker(s) to Debit the Customer's Account with the stipulated monthly / quarterly / semi-annual / annual charges as the case may be.
5. USE OF THE SERVICE
5.1 Customer will not reproduce, distribute, publish, copy, download or otherwise exploit any Third Party Content which is protected by copyright or similar rights unless the Customer owns or controls the relevant rights thereto or have obtained all the requisite licenses and approvals. Reproduction or distribution, publication, copying, downloading or exploitation of any Third Party Content by the customer as aforesaid will hold the Customer liable for Infringement of Copyright or other applicable laws.
5.2. For the purposes of the legal provisions or otherwise, Customer further acknowledges, agrees and authorizes the Company to access, copy, amend or delete any Third Party Content uploaded or otherwise provided by the Customer through the use of Service where any such Third Party Content or content is, or is alleged to be, defamatory, in breach of copyright, illegal or is otherwise not appropriate in Company's sole opinion to be accessed or otherwise provided by or through the use of the Service.
5.3. Customer is required to ensure that objectionable or obscene messages or communications, which are inconsistent with the established laws of the country, are not generated/ sent by the Customer. Customer understands further that the Internet contains unedited materials, some of which is sexually explicit or pornographic material that may be offensive to some people. Customer access to such materials will be at Customer's own risk. Company has no control over and accepts no responsibility whatsoever for such materials.
5.4. Customer is responsible for and must provide all equipment necessary to access the Service. Company reserves the right to disconnect or deactivate Customer's equipment or software at anytime without prior notice including in situations where the equipment or software is interfering with Company's other Services. Customer must comply with Company's requirements as regards access equipment and/or mode of access to and/or use of the Service.
5.5. Company reserves the right to amend any particular program, information or facility, which the Company provides or may provide through the Service. Customer agrees to abide by all applicable laws relating to the use of the Service and any Third Party Content. Customer must abide by generally accepted rules of conduct relating to proper use of Internet resources.
5.6. customer has to pay Company interest free security deposit as and when specified by the Company. Company also reserves the right to ask Customer for advance deposit any time during the sustenance of this contract for use of Service and it shall be binding on the Customer.
6. CANCELLATION OF THE SERVICES
6.1. Customer has the right to cancel Services for any reason at any time by notifying Company via telephone or in writing at the phone number or address set forth above.
6.2. Company has the right to cancel Services for any reason at any time without providing notice to Customer if: When customer fails to pay bill when it is due, Company receives confirmation that has received the Services or any part of the Services without paying for them; or Customer otherwise violates the terms of this agreement.
6.3 Customer agrees to notify the Company immediately of any changes to the information Customer had given to the Company when registering for the Service, including any changes to Customer’s account details by e- mail, fax, courier or registered post.
7. SECURITY
7.1. Customer confirms and warrants that all the information supplied by the Customer while registering for the Service is true, complete and accurate in all respects.
7.2. Customer agrees to notify the Company immediately of any changes to the information Customer had given to the Company when registering for the Service, including any changes to Customer's account details by e-mail, fax, courier or registered post.
- 8.EQUIPMENT, DOWNLOADS & RESTRICTIONS ON SOFWARE
8.1. In order to receive the Services it may be necessary for customer to purchase or lease certain equipment consisting primarily of a modem / router “Equipment”.
8.2. To optimize the performance of its Network, Company reserves the right to alter software in Customer’s Equipment or Company’s Equipment through periodic downloads. Company will use commercially reasonable efforts to schedule these downloads in a manner that results in the least amount of interference with or interruption to Customer’s Services and legal action.
8.3. Customer is not allowed to resale the Service and the right to access is subject to limits and restrictions established by the Company from time to time.
8.4. Customer is required to fully comply with the provisions of the Indian Telegraph Act, 1855, and the Indian Telegraph Rules made thereunder and any amendments or replacements made thereto from time to time.
- 9.LEASED EQUIPMENT
9.1. At Company’s option, it may lease the equipments for Customer Services. If customer leases Company’s Equipment, the Company’s equipment shall at all times remain the sole and exclusive property of Company and will have the right at its discretion to replace it with new or reconditioned equipment and to remove equipment upon termination of services. None of the Company’s equipment shall be deemed fixtures or part of Customer’s reality. Company’s ownership of the equipment may be displayed by notice contained on the company’s Equipment. Customer shall have no right to pledge, sell, mortgage, give away, remove, relocate, alter or tamper with the Company’s Equipment ( or any notice of its ownership thereon) at anytime. Any re-installation, return of or change in location of the Company’s Equipment shall be approved by and performed by company at the Service rates in effect at the time of Service.
9.2. Customer shall not attach any electrical or other devices to or otherwise alter the Company Equipment without Company’s prior written consent. Company shall have the right to make such filings as are necessary to evidence its ownership rights in the Company Equipment, and the Customer agrees to execute any and all documents as are necessary to make such filings. Upon termination of services, Customer must notify Company to schedule the return of the Company’s Equipment.
9.3. Customer shall notify Company promptly of any defect in, damage to, or accident involving the Company’s equipment. All maintenance and repair of the Company’s equipment will be performed by Company or its designated. Company may charge Customer for any repairs that are necessitated by any damage to or misuse of the equipment provided by us.
9.4. If Customer’s Company (Dizitel Futuretech Pvt Ltd/ dealer/ retailer/ distributor/ Service provider) is stolen or otherwise removed from Customer’s premises without authorization, Customer must notify Dizitel ’s Service center immediately, but in any event not more than three (3) business days after such removal to avoid liability for payment for unauthorized use of the DIZITEL ’S Equipment.
- 10. ACCESS & AUTHORIZATION FOR ACCESS TO CUSTOMER PREMISES
10.1. Company’s executive may need to enter the premises at which Customer will use the Services (“Premises”) in order to install, maintain, inspect, repair and remove the equipment installed by the Company. Accordingly, Customer authorizes Company and its employees, agents, contractors, and representatives to enter the Premises as necessary, at a time agreeable to Customer and Company.
10.2. Customer warrants either that Customer is the owner of the Premises, or of Customer is a tenant, that Customer has the authority to afford Company access to the Premises. If Customer is not the owner of the Premises, Customer agrees to supply Company, if asked, the owner’s name and address, and evidence or the Premises and to install equipment.
11. INDEMNITY
11.1 Customer will be responsible and liable for and will indemnify the Company in respect of liability for any and all use of Customer’s account and all actions and costs incurred and for all use of the Service accessed through Customer’s account or otherwise by virtue of the provision of the Service to the Customer including but not limited to claims for defamation, infringement of copyright or any other intellectual property rights and any breach or non-observance of any term of this Contract by the Customer.
12. VARIATION OF TERMS AND CONDITIONS
12.1 Company reserves the right to modify and amend this Contract, the Service, operating procedures or any of its Service fees, late charges and prices and may discontinue or revise any or all other aspects of the Service at Company’s sole discretion.
13. WITHDRAWAL, SUSPENSION AND TERMINATION OF SERVICE AND TERMINATION OF CONTRACT
13.1 If the Customer commits breach of any one of the terms and or conditions of this Contract including non-payment or late payment of any part of any invoices or if Customer’s use of or action in connection with the use of the Service is inappropriate, in Company’s sole opinion, with the continued use of and/or subscription of the Service, then Company may at any time, at Company’s sole discretion and without prejudice to any other remedy available to it at law, either suspend Customer’s access to and use of the Service until such breach is remedied or terminate this Contract and Customer’s access to and use of the Service immediately. Reinstatement of Service will require full payment of outstanding balance and other charges plus applicable initial sign-up fee. It shall be Company’s sole discretion to allow such reinstatement of the Service in full or partially.
13.2. Company may suspend the Service during Technical failure modification or repair testing of the service network.
13.3. Company reserves the right to partially or fully withdraw, suspend or terminate the Service with or without notifying Customer in case Customers payment instrument is returned unpaid to the Company for whatever reason by Customer bankers.
13.4. Subject to Clause 11.1 the Company may terminate this Contract and the Service at any time by informing Customer by post, courier, electronic mail/ or facsimile transmission.
13.5. Should the Company suspend or terminate the Service pursuant to Clause 11.1. Customer have no right to any data stored and the Company shall be under no obligation to make such data or any copies of its available to the Customer in any form whatsoever. Should this Contract terminate for any reason whatsoever Customer data stored on Company’s facilities will be explicitly erased without prior notice.
13.6 Company reserves the right to appoint any agency and authorize the agency to do verification of information given by the Customer and collection on Company’s behalf. In case of any incorrect information found in the application form given by Customer, Company reserves the right to partially or fully withdraw/suspend/terminate the Service forthwith without any notice in that regard.
14. FORCE MAJEURE
14.1 If at anytime, during the continuance of the service, the performance in whole or in part, of any obligation under it shall be prevented or delayed by reason of war, hostility, Acts of the public enemy, civil commotion, sabotage, fire, flood, earthquake, riots, bomb-blasts, explosion, epidemic, quarantine, restriction, strikes, lock out, compliance with regulations, orders or instructions of any Central, State or Municipal Government or agencies thereof or any other Acts of God etc., Customer will not have any claim for damages against the Company in respect of such non-performance or delay in performance of the Service.
14.2 The Company shall not be liable to the Customer in any manner whatsoever, for any delay or failure in providing the Service, if the same is related or connected, directly or indirectly, to any reason that is beyond the control of the Company. For this purpose, a matter beyond the control of the Company shall include, but shall not be limited, to the following:-
14.2. (i) Delay or disruption in the Service attributable directly or indirectly to the lines of the upstream gateway service provider;
14.2. (ii) Delay or disruption in the Service attributable directly or indirectly to the directions of any Statutory and/ or Regulatory Authorities; and
14.2. (iii) Delay or disruption in the Service attributable directly or
indirectly to a change in law.
15. ARBITRATION
In the event of any question, dispute or difference arising out of provisions of the Service, the matter shall be referred to Arbitration. The Arbitration shall be governed as per the Arbitration and Conciliation Act of 1996. The Arbitration shall be held in Ghaziabad.
16. ASSIGNMENT AND TRANSFER
16.1 Company may assign this Contract at any time and that will be binding on Customer.
16.2 This contract, the Service shall be non-transferable by Customer in nature and any private transfers effected by Customer shall not absolve Customer of its primary duty towards the Company for the charges levied pertaining to such particular contract/service. However, Customer may seek Companys prior permission in writing for intended transfer. In case of such permission being granted by the Company, Customer shall be under an obligation to fulfill requisite documentation formalities and payment of charges as specified by the Company from time to time. Customer shall be liable and under an obligation to fully discharge its payable dues till the date of such regularized transfer from the Company.
17. GIVING NOTICE
Save as specified in this Contract, any notice or other communication to be given by the Company under this Contract shall be in writing and shall be served by either e-mail, fax, courier or post at Customer address as specified in this Contract or as are notified by the Customer as per clause 6.3 above.
18. LAW / JURISDICTION
18.1 If any term or condition of this Contract becomes or is declared illegal, invalid or unenforceable for any reason, such term or condition shall be divisible from this Contract and shall be deemed to be deleted from this Contract. If any provision of this Contract is determined to be invalid the other provisions shall remain in full force and effect.
18.2 Neither the course of conduct between the parties nor trade practice will modify the provisions of the Contract.
18.3 The provisions of all obligations of and all restrictions on Customer will survive the termination of this Contract.
18.4 No failure or delay on Company’s part to exercise any right or remedy under this Contract shall be construed or operate as a waiver thereof nor shall any single or partial exercise or any right or remedy preclude the further exercise of such right or remedy as the case may be.
18.5 The laws of India govern the Contract and the Customer hereby submits to the jurisdiction of the Court of Ghaziabad.