| 1. INTERPRETATION |
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1.1. In this context unless the context otherwise requires: |
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Company means Asianet Satellite Communications Ltd. having its Registered Office
at 2A,II Floor,Leela Infopark,Technopark Campus,Kazhakoottam, Trivandrum - 695
581, its successors
and assigns and all other entities involved in the provision of the Service. |
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The Price List and The Service Package means the schedule of charges for the Service,
which the Company publish; |
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Contract means the agreement between the Company and Customer incorporating these
conditions, the registration form displayed and completed and the price List. |
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Customer means any person as defined
under General Clauses Act 1899 who the Company makes this Contract with. It includes
a person who is acting on or for behalf of the Customer. |
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Information means the visual, textual
or other information published or otherwise made available (directly or indirectly)
on the internet using the Service. |
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The Internet means the global data
network comprising interconnected network using TCP/IP (Transmission Control Protocol
/ Internet Protocol) |
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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. |
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Subscriber means a Customer. who
has purchased the Service from the Company, limited by down loads and amount, and
paid the Company in advance for the Service. |
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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. |
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1.2 Company.s Price List contains
explanations, notes and conditions, which form part of this Contract. |
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1.3. These conditions, the Price
List and the registration form annexed herewith and completed 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. The contract shall run in concurrence with License Agreement between Department
of Telecommunications and Ministry of Communications, Government of India and the
Company for the operation of Internet services subject to other terms and conditions
of this contract. |
| 2.3. Company agrees to provide Customer with the Service on the terms and conditions
of this Contract. |
| 2.4 The subscriber acknowledges that no unused access limits will be carried forward
after the expiry of download limit or after the expiry of amount paid by subscriber,
whichever is earlier. |
| 2.5 The Service is supplied for decent and lawful purpose only and without any express
or implied warranties save for those warranties implied or imposed by Indian Law. |
| 2.6 Customer has to give the Company in writing any information required as per
statutory requirement for use of the Service as notified to the Customer from time
to time. |
| 2.7. 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. |
| 2.8. 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. Cable Modem / Router and Network Interface Card is not part of the standard
Service package and will have be to be purchased by the Customer. |
| 3.2. Customer is advised to use cable modems / routers recommended by the Company.
The Price List mentions the pricing to Cable Modem / router. |
| 3.3. Company technicians will install the Cable wire upto Customer's premises (if
it is not already present in Customer office) and connect the cable to Customer's
Computer/ Local Area Network where Customer wishes to have internet Access. |
| 3.4 Company technicians will also install Cable Modem/Router and configure Customer's
Computer/Local Area Network to use the Service. |
| 3.5. Cable modem/router supplied by the company carries a warranty of 1 year provided
by Original Equipment Manufacturer. |
| 3.6. Recognizing that the Company is merely the supplier of Cable Modems/Routers
(or any other hardware that may be supplied), the Company makes no warranties of
any kind, expressed or implied in respect of the same, and also disclaims any warranty
of merchantability and/or fitness for a particular purpose. Warranties in respect
of all hardware supplied by the Company will be made and issued by the respective
manufacturers. |
| 3.7. If the customer has purchased the Cable Modem / Router in installments and
wish to terminate the subscription before all the installments have been paid to
the company. Customer will how to pay the balance installment amounts and keep the
Cable Modems / Router. In case customer fail to pay the balance installments within
15 days of termination of subscription, customer will have to return the cable Modem/
Router to the company and no money will be refunded to the customer in lieu of the
Cable Modem / Router returned. |
| 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. Company will invoice Customer on a periodic basis and an invoice will be either
posted, couriered, emailed or faxed to the Customer. |
| 4.5. Payment is due on the due date mentioned on the invoice. All charges must be
paid in full without any deduction, set-off or with holding. If the Customer does
not pay the amount due by the due date, the Company will be entitled to charge interest
@ 2% per month on the outstanding amount until the outstanding amount has been paid
by the Customer. |
| 4.6. 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 incase of non-payment of invoice by the due date. |
| 4.7. 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. |
| 4.8. 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 Customers 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.
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| 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. SECURITY |
| 6.1. 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. |
| 6.2 Company reserves the right to verify the information given by the Customer in
the application form and can also use the information through Company's authorized
agent or representative to verify the data at the addresses given by the Customer
or from any other independent source. Company reserves the right to use this information
and data at its discretion. |
| 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. RESTRICTIONS ON USE |
| 7.1 Customer is not allowed to resale the Service (except World Wide Web service)
and the right to access is subject to limits and restrictions established by the
Company from time to time. |
| 7.2 If the Customer is a value added telecom service provider, Customer would require
necessary permission/license from Dy. Director General (CS), Department of Telecommunications. |
| 7.3 As per Department of Telecommunications, Govt. of India, Telephony on Internet
is not permitted. The Service will be terminated for any violation of this clause
of the contract. |
| 7.4 Customer is required to fully comply with the provisions of the Indian Telegraph
Tax, 1885, and the Indian Telegraph Rules made thereunder and any amendments or
replacements made thereto from time to time. |
| 8 LIABILITY |
| 8.1 Company shall not be a party to any transaction including, without limitation,
for goods, Service and/or Third Party Content, between the Third Party Content provider,
etc. and the Customer. |
| 8.2 In no event shall the Company or its employees be liable to anyone for any or
any special, incidental or consequential damage arising out of or in connection
with the use of (or inability to use) the Service, including, without limitation,
damage resulting from or for loss whether direct or indirect of business revenue
or profits, anticipated savings or wasted expenditure, corruption or destruction
of data or for any indirect or consequential loss whatsoever, non-deliveries, or
service interruptions whether attributable to any negligent act or omission of Company
or of its employees or otherwise. No guarantee of end-to-end bandwidth on Internet
is made. |
| 8.3 Company will put in best efforts and strive to maintain the maximum possible
uptime of the Service. However Company will not be responsible for action beyond
its control. Customer acknowledges and accepts that in the very nature of the Service
to be provided there can be number of factors affecting the provision of the Service
and Company's obligation to provide the Service shall be on best endeavor basis. |
| 8.4 Any termination of this Contract shall not affect any accrued rights of liability
of either party nor shall it affect the coming into force or the continuance in
force of any provision hereof which is expressed or by implication intended to come
into or continue in force or after such termination.
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| 9. INDEMNITY |
| 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. |
| 10. VARIATION OF TERMS AND CONDITIONS |
| 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 Company's sole discretion. |
| 11. WITHDRAWAL SUSPENSION AND TERMINATION OF SERVICE AND TERMINATION OF CONTRACT |
| 11.1 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. |
| 11.2 Company may suspend the Service during Technical failure modification or repair
or testing of the service network. |
| 11.3 Company reserves the right to partially or fully withdraw, suspend or terminate
the Service with or without notifying Customer in case Customer's payment instrument
is returned unpaid to the Company for whatever reason by Customer's bankers. |
| 11.4 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. |
| 11.5. 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. |
| 11.6. 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 he 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. |
| 11.7. The parties to this contract may terminate this contract without cause and
without prejudice to Company's rights as specified in this contract, by serving
at least 30 days written notice on the other side. |
| 12. FORCE MAJEURE |
| 12.1 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. |
| 12.2. The Company shall not be liable to the Customer in any manner whatsoever,
for any delay or failure in providing the Service, if the same is related or connected,
directly or indirectly, to any reason that is beyond the control of the Company.
For this purpose, a matter beyond the control of the Company shall include, but
shall not be limited, to the following: |
| 12.2.1. Delay or disruption in the Service attributable directly or indirectly to
the lines of the upstream gateway service provider |
| 12.2.2. Delay or disruption in the Service attributable directly or indirectly to
the directions of any Statutory and/or Regulatory Authorities : and |
| 12.2.3. Delay or disruption in the Service attributable directly or indirectly to
a change in law. |
| 13. ARBITRATION |
| In the event of any question, dispute or difference arising out of provisions of
the service, the matter shall be referred to the sole arbitrator appointed by the
company. The Arbitration shall be governed by the Arbitration and Conciliation Act
of 1996. The Arbitration proceedings shall be held in Thiruvananthapuram. |
| 14. ASSIGNMENT AND TRANSFER |
| 14.1. Company may assign this contract at any time and that will be binding on Customer. |
| 14.2. This contract, the Service shall be 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 Company's prior permission in writing
for intended transfer. In case of such permission being granted by the company.
Customer shall be under an obligation to fulfill requisite documentation formalities
and payment of charges as specified by the Company from time to time. Customers
shall be liable and under an obligation to fully discharge its payable due till
the date of such regularized transfer from the Company. |
| 15. 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.
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| 16. REFUND POLICY |
| No refund is allowed. |
| 17. LAW/JURISDICTION |
| 17.1 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. |
| 17.2 Neither the course of conduct between the parties nor trade practice will modify
the provisions of the Contract. |
| 17.3 The provisions of all obligations of and all restrictions on Customer will
survive the termination of this Contract. |
| 17.4 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. |
| 17.5 The laws of India govern the Contract and the Customer hereby submits to the
jurisdiction of the courts of Thiruvananthapuram. |
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