Terms and Conditions for End User
- 1. Definitions:
1. Broadband - As defined by TRAI “An always on data connection having the connection
having the capability of minimum download speeds of 512 kbps”.
2. Connection -All activities assosciated with providing of Broadband to customer.
3. CPE - Customer Premises Equipment to be installed for accessing the Internet.
4. Customer - Subsciber agreed to avail Broadband.
5. Customer Premises - Location of Customer for using internet services(s).
6. Day. Month & Year - 24 hours (from 0.00 hrs and part of day). Month, a calendar month,
starts from first day and Year, a calendar year.
7. Download - Means viewing/copying/receiving and also uploading any data from the internet
connection provided by service provider.
8. GB/MB - Gigabyte/Megabyte.
9. Installation - Connecting broadband service(s) to Customer’s PC/Router.
10. IP - Means Internet Protocol.
11. IP Address - Operation of Internet service requires IP address which is at present 32 bit
binary address.
12. Message -Anything falling within clause (3) of S. 3 of Indian TelegraphAct 1885.
13. Service Tax - Service Tax, Duties and other changes imposed by the authorities.
14. Subsciber - Customer who avalls broadband services from Service provider Network.
15. TCP - Transmission Control Protocol.
16. Service Provider -Shakya Infotech Solutions.
- 2.Application and Identity Subsciber
Subscriber to make application with photo identity. address proof and desired plan.
- 3.Activation :
1. On Application and after verifying documents & performing technical feasibility for providing
service at the customer’s premises, Service Provider shall provide broadband connection to
the subscriber only on receipt of payment of desired plan.
2. The service shall he provided from Switch nearest to the subscriber’s premises.
3. The subscriber shall obtain required permission from the society for putting up CPE and
Switch board.
4. The Subscriber shall provide access to the person of Service provider for installation of
connection and also when required.
5. The instrument installed/provided for giving connection shall always be the property of
Service provider.
6. PC/Other device of subscriber receiving internet must have compatioble software and
hardware.
- 4. Bill & Payments :
1. Service provider shall send/transmit Bills to subscriber at service premises or at such other
address desired by the subscriber and may also send by email/SMS or by both.
2. Irrespective of non receipt of Bill/ Intimation, it shall be the resposibility of subscriber to make
the payment in time.
3. The customer is required to pay the amount of the broadband plans taken by him in advance
as per Bill and the said amount shall not be refunded.
4. Service tax shall be payble as applicable.
5. If amount is to pais be the due date, the service shall be discountinued without intimation and
shall be renewed only after payment is made.
6. After diconnection of service if the payment of plan amount are not made within 7 days,
Service provider shall not be under obligation to restore the connection.
7. After diconnection if payment is not made within 7 days, the service will be restored only on
reconnection charges of Rs. 300/-
- 5. Upgrading service & shifting location :
1. The Subscriber during the period of plan may change the plans and the amount shall be
adjusted on pro-rala basis.
2. Plan can generally be changed only on 1st and/or 15th day of the month for which advance
inimation is required to be given to Service provider.
3. Location may be shifted on technical feasibility.
- 6. Discountinuation and Refund :
Not with standing anything contained in the terms and conditions and if for any reason
Service provider is uanable to provide the service, the liability of Service provider shall be
limited to the extent of balance amount as of that day i.e. after deducting the service of the
amount availed by the customer up to that day.
(Note : If the service is discontinued temporarily
for any breakdown or for the reasons mentioned in Disclaimer and if the service is not restored
within 3 days. Subscriber may take the refund of remaining amount and may discountinue the
service).
- 7. Liabilities & Responsibilities of Computer :
1. The customer shall provide access to Service provider person to the service premises.
2. The customer shall keep the passwords secret and not part with it to anyone.
3. The customer undertakes not to mis-use the internet or use for anyillegal purposes.
4. Service provider does not claim ownership of any material and/or contents that customer
may publish, transmit and/or distribute using the service and/or receive from internet.
- 8. Responsibility of Service provider.
Service provider shall make all attempts to provide uninterrupted service and to store the
service as early as possible in case of interruption.
“Voice and video applications would be allowed as per the directives of Government of
India/TRAI from time to time. The CUSTOMER alone may be liable for legal action by the
appropriate regulatory authorities in case or any violation related to the same”.
- 9. Prohibition :
1. Service is provided to customer alone and he cannot assign it to anyone.
2. Customer shall use the service only for legal and bonafide purposes and it shall
be used for nay illegal or anti-national activities.
3. The service shall not be used to endanger the network infrastructune.
4. The customer shall not send unsolicited messages and/for use prohibitory language. The
customer ensures that he will no; make and/or publish objectionable, obscene, pornographic
message and/or communication and also shall not publish any message of communal
violence and/or any other prohibitory, defamatory, vulgar and vituperative messages.
5. The customer shall not adopt any hacking activities destroying network or internet sites and
shall desist from putting unsolicited messages.
6. The customer shall comply with the provision of Indian Telegraph Act 1985 and all such
amendments and rules made there under.
7. Service provider shall not be responsible for any material on internet received by customer.
8. Service provider shall not be responsible anything bought and/of sold via internet.
9. Service provider reserves right to disconnect the service if the customer found to be in
violation of afore said terms.
- 10. Force Majeure :
Service provider shall not be responsible for interruption in service in whole or in part or for any
other obligation under it, for the reason of war, civil commotion, public unrest, sabotage, fire,
flood, explosion, lock out or for any act of God and if prevented for the reasons beyond his
control for that customer shall not be entitled to claim any damages from Service provider.
- 11. Disclaimer :
1. Service provider shall make all efforts to provide uninterrupted services to the customer
including linking, speed of data transmission however the service may be affected for the
reason and factors beyond the control of Service provider such as temporary
failure/malfunctioning of equipment. geographic, topographic, meteorological, disturbance, in
telecommunication network or other various reasons as the network is dependant on several
external factors.
2. Service provider shall not be responsible for data transmission between customer and
Service provider server or for any inconvenience that may be caused for any of the above
reason.
3. Service provider shall not be responsible for non use of internet by customer during the
contracted period.
- 12. Termination of Service :
The service shall be suspended, discontinued and/or terminated of the following :
a) For non payment of subscription amount.
b) If the PC of customer found to be faulty affecting network of Service provider.
c)After the contracting period is over unless the said is renewed.
d) If customer assigns the service to third pary.
e) If customer is found to be in violation of telegraphic act.
f) If customer is found to be in use of the service for illegal purpose and/or uses the service in
violation of prohibitory service.
g) Under instruction of Govt.Authorities.
h) On written notice of customer for discontinue and/or terminatting the service.
I)After assigning reason for termination.
- 13. Notice :
1. Notice sent at the customer’s premises shall be good service.
2. Any Notice if required to be gives, shall deem to have been received by subscriber after two
days from the date of dispatch.
3. Notice sent by email or through other electronic media shall be good service.
4. Notice sent to company at its Registered office shall be good service.
- 14. IP Address :
1. IP address shall be dynamic :
2. State IP can be on payment on annual basis.
- 15. contention ratio :
1. Contention ratio as per Dot is 1:50 however /Service provider is making
attempts to maintain contention ratio at 1:8
- 16 Misc :
1. The ownership of the equipment for providing service to customer including wiring shall
always be a Service property of Service provider and the subscriber shall not claim any lien, charge on any such
equipment. All equipments shall be returned in working condition at the time of disconnection.
2. The service provided by Service provider is on “As IS and AVAILABLE” basic without
warranties of any kind.
3. Subscriber understands that internet may contain unedited materials including sexually
explicit or offensive where Service provider has no control and accept no responsibility thereof.
4. If any permission for installation of equipment is required or any society permission is
required, the same shall be arranged by the customer.
- * Subject to availability and site survey. Speeds vary with location and signal quality, network usage and exact download speed is not guaranteed. Operating range and data throughput of wireless communication are dependent on terrain, foliage and background RF energy, amongst other conditions. Before installation, a physical and radio frequency site survey is carried out to take these factors into account. The survey is free of charge.
- ** Subject to acceptable usage policy.
