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Terms
and Conditions for using Khetan Internet services |
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- Upon Payment of Khetan connectivity I subscription
charges payable upfront as per the price schedule to Khetan cable Network Pvt. Ltd. (hereinafter referred to as 'Khetan'), and upon the Customer/Subscriber agreeing to these
terms and conditions, Khetan shall provide Khetan
Connectivity (for brevity sake referred to as
'connectivity'). Apart from the payment of the above
charges, the Customer / Subscriber will be liable for
payment of any additional taxes, duties and levies as may be
imposed by the authorities from time to time. The scheduled
commencement of installation shall be advised by Khetan upon
receipt of the connectivity I subscription charges along
with the standard terms and conditions duly signed as token
of the acceptance of the same by the Customer / Subscriber.
The Customer / Subscriber shall be liable for payment of
balance Connectivity Charges, if any, on demand by Khetan
who shall raise such demand note on Customer / Subscriber at
the "Billing Address" indicated In this application. The
Customer / Subscriber shall be liable for payment of the
monthly usage charges, on demand by Khetan. Khetan shall
raise these bills on the Customer / Subscriber at the
"Billing Address" indicated in this application. Payment
against the same will fall due within 10 (Ten) days of
raising such demand note.
- One time Installation & Port Charges Is a one-time
upfront fee payable by the Customer / Subscriber, and Is
inclusive of the Network Access System (NAS) and Khetan WORK
SERVICE (for brevity sake, referred to as 'service')
activation charges.
- Customer / Subscriber shall allow the personnel
authorized by Khetan during such time, access to Customer /
Subscriber Premises as may be necessary for the
installation/maintenance of the NAS.
- Khetan shall make reasonable effort to provide
Connectivity to all applicants. However, Khetan's ability to
provide Connectivity may be affected by factors outside Khetan's control such as physical distribution, geographic,
topographic and meteorological or other telecommunication
Networks. Khetan reserves the right to provide Connectivity
at its sole discretion, as per Its network design
considerations. It is expressly understood that application
to this service does not guarantee connectivity from
Khetan.
- The connectivity provided by Khetan is ONLY for the
specific 'CONNECTION TYPE' requested by the applicant in the
application form. Any migration of 'CONNECTION TYPE'
requested by the Customer / Subscriber will be at the sole
discretion of Khetan.
- The Customer / Subscriber shall have to buy compatible
software and hardware and shall have to upgrade the
configuration of his/her computer(s) suitable to ensure
proper installation and running of the Internet and other
applications including Multimedia packages. Khetan shall not
be responsible for non-functioning of Internet & other
applications due to Incompatible hardware and software on
the customer's computer.
- Society permissions required, if any, are the sole
responsibility of the Customer / Subscriber.
BILLING AND
PAYMENTS
- All communications from Khetan Including dispatch of
Khetan SERVICE CHARGE bills can be made by any mode Incl.
printed material, E-mail etc. to the address of the Customer
/ Subscriber which may also include his E-mail address.
Communications so made by Khetan to the Customer /
Subscriber shall be conclusive proof of delivery of such
communication and no complaints regarding non-receipt of
such communication is tenable in law and on facts.
- It would be the responsibility of the Customer /
Subscriber to make payment of the basic charges on a
periodical basis. Khetan shall disconnect the service In
case of non-receipt of such payment within the stipulated
time, without notice to the Customer / Subscriber. Khetan
reserves the right to change the periodicity of billing from
time to time and the MONTH shall be construed accordingly.
Khetan also reserves the right to vary tariff I charges
subject to conditions specified herein.
- Non-payment of the bill within the stipulated time would
entail disconnection.
• Upon disconnection, to get
reconnected, the Customer / Subscriber will have to pay
reconnection charges.
• An Interest @18% p.a. calculated
on the daily average balance method will be charged on
amounts outstanding and due to Khetan apart from any other
charges.
• Should the Customer's I Subscriber's cheque
get dishonoured at any time, the facility of payment by
cheque may be withdrawn, how ever the Customer/ Subscriber's
will have to bear cheque bouncing charges.
• Mode of
payment by Customer / Subscriber would be cheque I DD I Pay
Order drawn In favour of Khetan Dot Com Pvt. Ltd. and
payable at the nearest location of Khetan. Outstation
cheques, postal orders and money orders will not be
accepted.
- In the event that any Customer / Subscriber contends
that he has been billed erroneously, the Customer/Subscriber
should first make all payments outstanding against such
alleged erroneous bill and after payment, make or raise a
claim for such amount as the Customer / Subscriber believes
is in excess of the correct billable amount for the time
period in question. The Customer / Subscriber should support
his claim with all necessary and relevant documentary
evidence and In the event, after such examination and
scrutiny of such evidence by Khetan's representative
designated for this purpose, it is revealed that the
Customer / Subscriber was erroneously billed, the excess
shall be refunded without Interest to the Customer /
Subscriber.
- Khetan shall have the right to check, investigate and
verify the credentials of the active users and prospective
customers including their financial standing before and
after extending the service to employ, or avail the service
of any person or agency for such purpose. Khetan shall have
the right to disconnect permanently the service, should the
Customer / Subscriber be a habitual defaulter in payment to
Khetan.
- Any waiver I concession or extra time, allowed or
granted by Khetan is limited to the specific circumstances
at the sole discretion of Khetan, and the same shall not
prejudice Khetan's rights.
- Khetan may be required to disclose any required
information or particulars about the customer or subscriber
to any statutory, regulatory or governmental authority or as
may be directed by statute or other applicable regulations
to any such persons as may be stipulated under the statute
or other regulations.
- Khetan reserves the right to change the periodicity of
billing from time to time and the MONTH shall be construed
accordingly. Khetan also reserves the right to vary the
tariff I charges subject to conditions specified herein.
- No claim for refund of Connectivity Charges would be
entertained. In case of non-payment of the balance
Connectivity Charges by the due date, Khetan would
discontinue provisioning of Service to the Customer /
Subscriber. All equipment and wiring Installed by Khetan for
provisioning of Service, including the NAS, would be
forthwith removed by Khetan from Customer / Subscriber
premises.
Ownership of equipment
- The title to all equipment directly Identifiable for
provisioning of Service at Customer / Subscriber premises
Inclusive of the wiring, except for NAS, shall always remain
with Khetan. The ownership rights of the NAS shall be
automatically transferred to the Customer / Subscriber only
on full payment of the Connectivity Charge. The Customer /
Subscriber shall not claim any lien, charge or any form of
encumbrance over such equipment at any time except for the
limited license for quiet possession, and right of the
Customer / Subscriber to use the service upon the terms and
conditions contained herein, and in adherence to the
applicable legislative provision, if any. No equipment
Installed by Khetan shall be removed from the Subscriber
premises without the prior written consent of Khetan.
- The International connectivity is provided by various
agencies including the Govt. of India, who are responsible
for maintaining these links as reliable as possible. Khetan
does not take any responsibility whatsoever for any
interruption caused by the quality of these links and no
claim for damages or any other liability whatsoever will be
entertained by Khetan, from the Customer / Subscriber or
anyone else In this regard.
- In order to provide speed and quality of connection,
Khetan reserves the right to upgrade the service without prior
information to the Customer / Subscriber.
- The service may be suspended in whole or in part at any
time without any notice, if the network requires
modifications. Khetan shall make all reasonable efforts to
minimize the frequency and duration of such events. It is
expressly understood that the Customer / Subscriber shall
not be entitled to any compensation I refund in such an
eventuality.
Force Majeure
- If at any time, during the continuation of Service, the
performance in whole or 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, explosion, epidemic, quarantine restriction, strikes,
lockouts, acts of GOD and any act on which Khetan does not
have any direct or Indirect control, the Customer /
Subscriber shall not have any claim for damages against
Khetan In respect of such non-performance or delay in
performance of Services.
Services Discontinuation
- The Customer / Subscriber can discontinue service by
providing a written notice to Khetan 3 (three) working days
prior to the end of the MONTH for which the Subscriber has
paid all Service Charges. Upon discontinuation of Service,
Khetan would cease delivery of the Service to the Customer /
Subscriber..
Shifting of Khetan NETWORK Connection
location
- It is expressly understood by the Customer / Subscriber
that the Connectivity will be provided at the location as
Indicated by the Customer / Subscriber against the
'Connection Address' in the application.
- Shifting of the location of Khetan Network connection
provided at Customer / Subscriber Premises by Khetan under
this application, from the above premises to another
location in any other premises will be done by Khetan,
subject to technical feasibility and subject to Customer /
Subscriber paying in advance the charges for relocating the
NAS at the new address.
- The Customer / Subscriber shall pay feasibility study
charges if any, to Khetan for carrying out the technical and
economic feasibility studies with regard to the
transfer.
- Khetan does not guarantee and I or will not undertake
transfer, If the said technical feasibility report indicates
that the transfer is not viable technically or
otherwise.
Prohibitory
Clauses
- The Khetan Network connection will be only for the
Customer's use and not for any resale by the Customer /
Subscriber. The Customer / Subscriber is not allowed to
resell the service or services similar to the Service or
services of Khetan.
- The Customer / Subscriber shall not use the Service for
any activity or purpose that shall be contrary to any law or
regulations in force in India at any time during the period
of use of Service by the Customer / Subscriber.
- The Customer / Subscriber shall not send unsolicited
messages and shall not send messages to Khetan or anyone
else in a language that is prohibitive, defamatory, vulgar,
vituperative or otherwise via the Service. The
Customer/Subscriber is required to ensure that objectionable
or obscene or pornographic messages or communications, which
are Inconsistent with the established laws of the country,
are not made by him or by other person using his facility.
Should the Customer / Subscriber violate this condition,
Khetan reserves the right to disconnect the Customer /
Subscriber permanently from the Service without prejudice to
.any other action under the laws of the country.
- The Customer / Subscriber shall not resort to hacking or
destroying any Internet sites. including the websites of
Khetan. The Customer / Subscriber shall not mail any
unsolicited messages to any services used by Khetan for
hosting of the services. The Customer / Subscriber is
required to ensure that objectionable or obscene messages or
communications, which are inconsistent with the laws and
regulations of India, are not made by him or any other
person on the web server or web space of Khetan. Any
violation of this condition would entail penalty /
punishment under the relevant legislation.
- The Customer / Subscriber Is prohibited from misusing or
copying the software supplied by the Khetan, as the said
software is copyright protected and misusing or copying of
the same Is likely to attract legal action under the
Copyright Act, 1957.
- The Customer / Subscriber is prohibited from
Transferring the rights and facilities to any other person.
The Customer / Subscriber is not permitted to commercially
exploit the Service without the prior written permission of
Khetan and upon compliance of such terms and conditions as
may be determined by Khetan.
- The Customer / Subscriber Is bound by the provisions of
the Indian Telegraph Act, 1885 and the Indian Telegraph
Rules made there under and any other applicable laws and any
amendments or replacements made thereto from time to
time.
Liabilities
and Responsibilities of the CUSTOMER
- Customer / Subscriber shall give written permission to
Khetan to lay cables from Khetan's Point of Presence
(hereinafter referred to as 'POP') to the Customer /
Subscriber premise through the area abutting Customer /
Subscriber premise. If the applicant has no right or has a
restrictive right to use the areas abutting subscriber
premise and public role, it is the sole duty and
responsibility of Customer / Subscriber to obtain necessary
permissions in writing from the concerned authorities like
landlord, society etc. permitting Khetan to lay cables from
the POP to the Customer / Subscriber premise through the
areas abutting the Customer / Subscriber premise.
- The Customer / Subscriber assumes total responsibility
and risk for use of the Service. The Service is provided on
"AS IS and AVAILABLE" basis without Warranties of any kind
either express or Implied, including but not limited to
warranties of title, non-infringement of implied warranties
of merchantability of fitness for particular purpose. Khetan
cannot make any such or such other express or implied
warranties of merchandise information if any or service
provided through the Internet and they shall not be liable
for any cost or damage arising either directly or Indirectly
from any such transaction. It is solely the Customer's
responsibility to evaluate the accuracy, completeness and
usefulness of all opinion, advice, services and other
information, and the quality and merchantability of all
merchandise provided through the Service or in the Internal
generally. Khetan does not warrant that the Service will be
uninterrupted or error-free or that any information software
and other material accessible on the Service is free of
viruses (Trojans) or other harmful components. Khetan shall
make all reasonable efforts to minimize the occurrence of
such events.
- The Customer / Subscriber understands further that the
Internet contains unedited materials, some of which are
sexually explicit and or may be offensive to some people.
Customer's access to such materials will be at his own risk.
Khetan has no control over the same and accepts no
responsibility whatsoever for such materials.
- Under no circumstances shall Khetan be liable for any
direct, incidental, special, punitive or consequential
damages that result in any way from the customer's use of or
Inability to use the Service or access the Internet or any
part thereof, Customer's reliance or use of information,
Service or merchandise provided on or through the Service or
that results from mistake, omission, interruption, deletion
of files, errors. defects. delays in operation or
transmission or any failure of performance. Any damage to
the NAS due to misuse or negligence of the Customers is the
sole responsibility of the Customer, and under no
circumstances shall Khetan be liable.
- It would be the responsibility of the Customer /
Subscriber to ensure that the password, where provided, Is
kept secret and not disclosed to anyone and to change the
password Immediately after installation. The Customer /
Subscriber shall not part with the password with anyone and
Khetan shall not be held liable for the misuse of the
Customers facility under any circumstances.
- In case of any dispute or difference arising out of or
in relation to the provision of Service, the decision of
Khetan shall be final and binding. If any dispute or
difference need to be referred to and determined by
arbitration, the same shall be referred to the Company
Secretary of Khetan, who shall act as the sole arbitrator.
The venue of arbitration shall be in Mumbai, and shall be
finally settled under the Arbitration and Conciliation Act,
1996. The language for such arbitration shall be
English.
- Khetan shall have the exclusive right to modify, alter
or otherwise change these terms and conditions from time to
time and the Customer / Subscriber hereby expressly agrees
to comply with all such modifications, alterations or
changes 10 these Terms and Conditions as if such
modifications, alterations or change were present in the
original Terms and Conditions of use.
l/We have
carefully read the Terms and Conditions of the agreement ant
Khetan NETWORK SERVICE specification and agree to abide by
the same. | |
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