DEFINITIONS
“NEXEN BROADBAND (OPC) PRIVATE LIMITED” or “NBOPL” means a company incorporated under the provisions of Companies Act, 1956, having its registered office at #7/36/36/3/425,7th A Cross,Pragathi Nagar,Chikkatogur,Bangalore,Karnataka-560100.
“CAF” or “Customer Application Form” or “Form” means this form that has to be filled and executed by any person for becoming a Customer of NBOPL and it includes these terms & conditions.
'Customer' shall mean a person (including any entity or association of persons) who has subscribed to the Service after completing the required formalities i.e. making necessary payment etc. and gets activated on NBOPL' Network. Mere execution of the CAF shall neither constitute a person to be a customer/subscriber or consumer of NBOPL.
'Customer Equipment' shall mean equipment not provided by NBOPL;
'Customer Premises Equipment' or 'CPE' shall mean and include the modem/router, connector cable, all hardware and any other equipment accessories included with it and supplied (but not sold) by NBOPL.
'DoT' refers to Department of Telecommunication
'Enrollment period' shall mean the period commencing upon activation of the Service shall run in concurrence with the License Agreement issued by the DoT under which NBOPL is authorized to provide internet service within the Network unless otherwise terminated and shall be subjected to all applicable laws, rules, regulations, notifications, orders, directions of all the Government/courts/Tribunal/TRAI/Indian Telegraph Act 1885 and rules framed there and under shall further be subjected to terms and conditions of this form.
'Installation Address' means the address delineated in the CAF by the Customer for installation for Equipment for receiving service.
'IP Addresses' mean operation if Internet service which requires IP addresses (static or dynamic) for each permanent connection on internet.
'Network shall' mean NBOPL' network in the concerned telecom circle through which Services are or will be made available to the Customer.
'Other Service Provider' (OSP) means a company providing Application Services like tele-banking, tele-medicine, tele-education, tele-trading, e-commerce, call centre, network operation centre etc. by using telecom resources provided by Telecom Service Providers.
'Services' shall mean all Internet service and allied services provided by NBOPL to its Customers which inter-alia shall include internet, and value-added services (VAS) and/or any supplementary/additional services made available to the Customer.
'Tariff' shall mean all the rates, fees, charges, levies etc., and related conditions at which internet service may be provided including but not limited to activation or installation fees, usages charges, deposits advance, service charges including service tax and any other statutory outgoings under the tariff schedule as notified by NBOPL for providing services and the tariff shall have the same meaning as contained in Tariff Telecommunication Order issued by the TRAl. “TRAI” refers to Telecom Regulatory Authority of India.
Month is defined as 30 days
Minimum speeds are guaranteed access speeds up to the gateway
Day checkout time is 00:00 hrs midnight
Day means calendar day
Charges for static IP address are extra
All services are prepaid.
1. RESERVATIONS
1.1 NBOPL reserves the right to seek and/or verify the particulars including financial information provided by the Customer either by itself or from independent sources.
1.2 To reject any CAF incase the particulars provides therein are incomplete, incorrect or for any other legally just and valid reasons and without any liability whatsoever.
2. DISCLAIMERS AND LIABILITY LIMITATION.
2.1 NBOPL makes no express or implied warranties, guarantees, representations or undertaking whatsoever regarding service/equipment etc. unless expressly mentioned in this form.
2.2 NBOPL shall not be liable to the Customer and /or any person, firm body corporate claiming through under or in trust for the customer and the customer hereby waives and agrees to continue to waive all claims/actions of any delay, losses including but not limited to loss to business, profit, revenue of goodwill demands, fees, costs, expenses, order judgment etc., direct incidental or consequential arising out of nay delay, errors, of defects or other failure with respect to the Service and all additional/supplemental Services, equipment or bulling, payment or collection to the extent such interruption, delay error of defects is due to reason mentioned in clause 4.5 hereof. Further the Customer remains solely responsible for his own negligence, acts or omission.
2.3 NBOPL shall not be responsible for any acts of franchise or any other third party with respect to schemes which are not authorized by NBOPL or which are purported to have been offered on behalf of NBOPL without the explicit and specific sanction in written of NBOPL.
2.4 It is clearly understood that installation/shifting of broadband require several vital and time consuming activities, inter-alia, feasibility check of the area, laying down of Optic fibre cables, proper wiring of the area/premises, other technical requirements etc. and therefore NBOPL does not guarantee the provision of service or prescribe any fixed timeline after the execution of the CAF, during which the Services shall be activated. NBOPL shall endeavor to activate the Service within reasonable time and it is expressly agreed that the person executing the CAF shall not be entitled to raise any claim or action or damage of whatsoever nature on account of non-activation or delayed activation of services due to technical, non-feasibility.
2.5 The Broadband speed available to the Customer is the maximum prescribed speed for which the Customer is entitled and NBOPL does not hold out any assurance that the said speed shall always be maintained and the same may vary depending upon the network congestion, technical reason or any other unavoidable circumstances.
2.6 NBOPL will not incur any liability for any of its bona fide action taken to protect intellectual property right (IPR) even if the information on the strength of which it has taken any action is later discovered to be unfounded or false.
3. CUSTOMER UNDERTAKINGS
The Customers undertakes and agrees
3.1 That documents/details submitted by Customers along with CAF are subject to clearance/acceptance by NBOPL. In case of non-acceptance /rejections of documents, the refund wherever applicable would be made as per TRAI Regulations from time to time.
3.2 To pay to NBOPL the Tariff charges as published and notified by NBOPL from time to time. With a view to give all Customer Optimum Service, the Tariff plans offered by NBOPL shall be subject to Fair Usage Policy as formulated by NBOPL from time to time.
3.3 That he is fully conversant with the Service and/or additional and supplementary Services provided by the NBOPL together with its charges, specification, requirements, limitations etc. and has signed this Form upon such understandings.
3.4 The Rules and Regulation of Indian Telegraph Act 1885 (including amendments thereto and ruled framed there under from time to time) shall be applicable to each and every Customer and in case of any repugnancy the said Rules/Regulation shall have over riding effect over such terms of this Form.
3.5 To comply with all applicable laws, by-laws, rules, regulations, orders, notifications, directions etc., of the Government/Courts/Tribunal/TRAI/DoT/ and shall also comply with all directions issued by NBOPL related to Network, service or equipment or any other connected matter and shall provide to NBOPL all information and co-operation as may be required by NBOPL from time to time.
4. PROVIDING THE SERVICE
4.1 The Service shall be provided within reasonable time of receipt and acceptance by NBOPL of a CAF and subject to technical feasibility.
4.2 NBOPL shall allocate broadband ID/Accounts ID at its sole and absolute discretion and connect Customer equipment or CPE, to the Network and will use all endeavors to maintain connections and provide service/s throughout the Enrollment Period. The said number/ID shall remain in the exclusive domain and NBOPL and the Customer is entitled to use the same only during the Enrollment Period.
4.3 All discounts/special benefits/ scheme(s) pertaining to the service shall be as per the terms and conditions specific by NBOPL from time to time.
4.4 NBOPL has the right to predetermine or prefix the credit limit for the usage of Service availed by the Customer based on its internal credit rating. In the event of exceeding of the credit limit the Customer shall be liable to make interim payment forthwith for the Service availed including rentals failing which NBOPL reserves the right to totally or partially disconnects/suspend the Service. Failure to disconnect the Service in the events of exceeding the credit limit shall not constitute as a waiver, either of the exceeded amount or the right to subsequently recover the amount from the customer or any other right of NBOPL against the Customer.
4.5 Quality, functionality and/or availability of the Services may be affected and NBOPL without any liability, whatsoever is entitled to refuse, limit, suspend, vary or disconnect the Services, at any time for reasonable cause including, but not limited to the following: -
4.5.1 Any violation of applicable rules, regulation, orders, directions, notifications, conditions of License Agreement etc., issued by the Government/Telecom Regulatory Authority of India (“TRAI”) etc.
4.5.2 Any discrepancy in the particular(s) provided by the Customer.
4.5.3 If the Customer is in default (including past default) in making payment for the Services or for any other telecom service provided by NBOPL.
4.5.4 During technical failure, modification, up-gradation, variation, relocation, repair and / or maintenance of the system/equipment’s.
4.5.5 To compact potential fraud, sabotage, willful destruction, and national security or for any other force majeure reasons etc.
4.5.6 Transmission limitation caused by topographical, geographical, atmospheric, hydrological and/or mechanical or electronic constraints/limitation and/or due to non-availability of suitable technical sites to install/upgrade the network.
4.5.7 Due to acts of God or circumstances beyond the control of NBOPL including insurrection or civil disorder, or military operation, national local emergency, industrial disputes of any kind (whether or not involving NBOPL employees), fire, lightning, explosion, flood, inclement weather conditions, acts of person or commission of person or bodies for whom NBOPL is not responsible or any act, Regulation or policy of the Government of India or State Government or any other statutory Authority.
4.5.8 If service are used in violation 0 f any law rule/regulation; or for a purpose other than declare by the Customer at the time of subscription.
4.5.9 Interconnection failure between NBOPL and other Service provider(s).
4.5.10 Non-receipt or non-supply of input/feed from/by channel broadcasters to NBOPL.
4.5.11 Any bonafide action taken by NBOPL to protects its Intellectual Property Right (IPR) or such right of the content providers or any other person whose interest it's bound to protect by virtue of contractual obligation or by law.
4.5.12 Any other reason which is found to be reasonable by NBOPL warranting limitation/suspension/disconnection of Services.
4.6 NETWORK UPTIME
4.6.1 NBOPL will try to maintain an uptime of 90% in a month. No discount on rental will be given for uptime falling below 90%. The same will be compensated by giving service credit at the time of permanent disconnection.
4.6.2 Downtime will be calculated from the time of registering a complaint by the subscriber with NBOPL HELPDESK. A reference number will be provided by HELPDESK for each registered complaint.
4.6.3 Downtime due to failure of network/PC at subscriber end will not be calculated as downtime.
5. SERVICES & DISCOUNTS
5.1 NBOPL is entitled to add/alter/withdraw any additional or supplementary services including the charges for the same at any time, in its sole discretion within the realm of TRAI guideline. Provider of additional/supplementary services shall be on such other/additional terms as specified by NBOPL from time to time and such additional terms/conditions shall be deemed to be part and parcel of this Form.
5.2 All discounts or other special benefits schemes pertaining to the Services and/or additional/supplementary Service announce by the NBOPL from time to time shall have a time limit as decided by NBOPL. NBOPL shall further have the right to withdraw/vary/extend any/all such discount and/or benefit at any time and without incurring any liability whatsoever in this regard whether directly or indirectly or consequentially and the Customer shall not have any claim or right in such eventually.
6. Different plans/schemes/top ups, Add-ons, shall have correspondingly different composition, prize/charges/fees and terms & conditions all of which are subjected to change by NBOPL from time to time but within the overall guidelines of TRAI Tariff Plan/Package.
7. BILLING PAYMENT AND SECURITY DEPOSIT
7.1 The charges towards services subscribed is payable in advance
7.2 NBOPL bills its subscribers on a pre-paid basis and is non-refundable. All taxes, duties or any other levies of any nature whatsoever, payable for the services, shall be payable by the Subscriber in addition to the charges towards availed services.
7.3 Subscribers prepaid account will automatically get disconnected on expiry of the validity period or the pack value whichever is earlier and the subscriber shall ensure that the account is active. NBOPL shall not be held responsible for disconnection due to non-receipt of bill or non-receipt of communication in regard to expiry of account. NBOPL shall charge reconnection fee for such disconnections
7.4 Customers shall own the liability for the cheques submitted against the subscription. Any such cheques getting dishonored may invite suspension of internet services availed.
8. CUSTOMER OBLIGATION
8.1 Customer shall not use the Service for any unlawful, immoral or abusive purposes in violation or derogation in any law rule or regulation or statutory directives or order for the time being in force or against any public policy or for sending receiving absence, threatening, harassing messages/communications or sending messages or communication that effects national interest or create any damage or risk to NBOPL or its Network/equipment/call center and/or other Customer(s). Any violation or misuse by Customer shall under no circumstances be attributed to NBOPL and the Customer shall be solely responsible for all such acts or omissions.
8.2 Customer shall intimate NBOPL about change in address, if any, in written along with such proof, as may be deemed necessary by NBOPL.
8.3 Customer shall not use the Service as an OSP (Other Service Provider) or for the purpose of telemarketing directly or indirectly, without submitting to NBOPL the required approvals/registration from relevant authorities.
8.4 Customer shall be responsible to obtain its own IP address and domain name from the competent authorities. In case the IP addresses are taken from NBOPL, the same are non-portable and have to be return to NBOPL at the termination of services.
8.5 Customers agrees not to use the internet for any of the following activities:
8.5.1 Voice communication to and from a telephone connected to PSTN/PLMN and following E.164 numbering is prohibited in India.
8.5.2 Establishing connection to any Public Switched Network in India and/or establishing gateway between internet and PSN/PLMN/ISDN in India.
8.5.3 Use of dial-up lines with outward dialing facilities from nodes.
8.5.4 Resell or cause to resell or offer to sell this Service.
8.5.5 Interconnectivity with ISPs.
8.5.6 The subscriber hereby declares that he/she has read the terms and conditions of service published in the Website at www.nexen.co.in and the Customer Application Form completely, and that he/she unconditionally agrees to abide by them.
9. Customers agree to use encryption up to 40bit key length in the symmetric key algorithms or its equivalent in other algorithms without obtaining permission from the Licensor. However, if encryption equipment’s higher than this limit are to be deployed. Customer shall obtain prior written permission of DoT and deposit the decryption key, split into two parts with DoT.
10. NBOPL may block Internet sites and/or individual Customer as identified and directed by DoT or designated security agencies from time to time.
11. Customer shall maintain a log of all users connected and the service they are using (mail, telnet, http etc.). Customer must also log every outward login or telnet through their computers. These logs, as well as copies of all packets originating from the Customer Equipment or CPE of the Customer must be available in REAL TIME to Telecom Authority Type of logins, where the identity of the logged-in user is not known should not be permitted.
12. In the events that the Customer installs any Wi-Fi network of his own the Customer shall duly inform NBOPL and undertakes to:
12.1 Use secured Wi-Fi network connection to avoid any misuse.
12.2 Be solely liable and responsible of any use/misuse of any Wi-Fi installation.
12.3 Set up and maintain its own authentication mechanism for the ensuring the security of Internet usage/Wi-Fi Services.
12.4 Keep a log of all the events on its Wi-Fi network for a period of a least one year and shall provide the same to the regulatory and/or security agencies as and when demanded.
13. Customer undertakes and agrees to take the required measures to ensure that any spam or malicious traffic is not generated from the Customer end. If at any time spam activity, unwanted or malicious is served from Customer link, NBOPL reserves the right to lock/suspend or terminate the Link immediately without any notice.
14. The procedure for metering of charges and shifting, transfer, closure, safe custody of Services etc., shall be such as may be determined and varied by NBOPL from time to time. The shifting of each of the Services availed by the Customer is subject the condition that the area is covered by NBOPL and the same is technically feasible.
15. Except as provider elsewhere, either party may terminate the Enrollment by giving the other party not less than 30 days prior return notice in this respect but such a notice shall not absolve the Customer of its liability to make payment of the amounts that may be due outstanding as on date of termination.
16. NBOPL services shall normally be non-transferable. The Customer may seek prior permission in writing from NBOPL for seeking transfer. In case of such permission being granted, substituted buyer may be allocated a different username or ID after all requisite formalities have be completed and the primary Customer shall be liable and shall fully discharge his duties till the date of such regularized transfer from NBOPL. The Security received from original Customer will be adjusted/transferred/returned, less deduction if any as the case may be if NBOPL is required to refund or return the security deposit to the Original Customer the transferee in such an event would have to give fresh deposit to NBOPL as may be applicable or decided by NBOPL.
17. All equipment (CPE), provided (but not sold) by NBOPL shall always remain the absolute property of NBOPL. The Customer shall only have the right to use the equipment or other equipment/accessories during the Enrollment period. The CPE must be kept by Customer in good and working condition.
18. NBOPL will test the CPE prior to its installation and the Customer shall certify its functionality at its premises at the time of installation. Thereafter NBOPL shall not be responsible for any defect/fault etc., that is not expressly covered by the manufacturer's warranty of the equipment. Any such repair/exchange carried out by NBOPL for failure/defects shall be charged from the Customer as per NBOPL policy on the subject from time to time. Any damage or defect to CPE arising out of misuse or intentional damage or accidental damage or force Majeure event shall also be charged to the Customer account.
19. The Customer hereby agrees and undertakes to return all the equipment’s immediately on temporary suspension of service or disconnection for any reason including the reasons cited in clause4.5. The Customer shall not claim any interest charged or lien on CPE(s) even if any dispute is pending for resolution between the Customer and NBOPL.
20. The Customer shall be solely responsible in case of any loss in services due to misuse or hacking of any equipment or EPABX at Customer's end and shall also be liable to pay for the usage charges to NBOPL, if any without any demur or protest.
21. Customer shall neither shift the equipment nor transfer the same in any manner. In case Customer fails to comply with the terms & conditions of relationship NBOPL reserves the right to lift/remove the equipment from the Customer premises and terminates the Customer Enrollment without any li ability whatsoever on its part.
22. Notwithstanding anything mentioned in these terms and conditions, NBOPL disclaim all its liabilities, warranties, responsibilities and services level assurance with regards to its Services, in case the Customer installs or uses any Customer equipment or Customer premises equipment, not provided by NBOPL for availing the services provided by NBOPL. It is further clarified, that NBOPL shall not be liable for any claim, loss or damage of whatsoever nature that may arise due to use/installation of such customer equipment or customer premises equipment by the customer.
23. NBOPL shall have the right to undertake inspections at the specified address or premises of the Customer to check for the bonafide usage of the Services and to ensure that there is no violation of its/any third parties' Intellectual Property Rights (IPR). The Customer shall provide cooperation, facilities and access to NBOPL for the same. In case on such inspection it is found that the Customer is indulging in any act or omission which amounts to violation of the terms and conditions contained herein or IPR, NBOPL or its employee or agent shall be entitled to take photograph or video of such violation or any other measure necessary for regarding such violation.
24. Nothing contained herein shall be deemed to grant the Customer either directly or by implication, any right by license or otherwise in respect of any Intellectual Property, inter-alia in any software, concepts know-how, processes, development tools, techniques or any other proprietary material or information that NBOPL may provide to the Customer in the course of provision of Service.
25. Only service personal so authorized by NBOPL in this regard shall be allowed to inspect and rectify the Equipment in case of any malfunction.
26. Proper & effective use of internet services is the responsibility of the Customer. Customer will be liable to pay to pay the entire amount of bill arising due to usage of service (or VAS) from the Customer's telephone/Account.
27. TECHNICAL SUPPORT
27.1 Technical support will be rendered only for NBOPL broadband connection provided by NBOPL. Support will not be provided for problems due to Hardware/Software other than that provided by NBOPL.
27.2 NBOPL is not responsible for setting up of or troubleshooting of the Customer’s Local Area Network.
27.3 Customers are requested to call our helpdesk promptly in case of loss of connectivity.
27.4 Telephonic Support (8 AM to 10PM): The first level support will be telephonic support. Subscribers are requested to make available the error number or any other specific problems to help troubleshoot the issue faster.
27.5 Onsite Support (10:00 AM - 6:00 PM): If the problem/Issue persists after the telephonic support, onsite support will be provided. On-Site Support for calls registered after 6:00 PM will be addressed in the first hour of the next working day.
28. PERMANENT DISCONNECTION & FULL AND FINAL SETTLEMENT
28.1 Permanent disconnection is not allowed during commitment period.
28.2 In case a permanent disconnection is requested during commitment period, the rental charges on pro-rata basis will be charged for the balance days in commitment period during Full & Final Settlement
28.3 On permanent disconnection, the refund of security deposit will be made through Account Payee Cheque after full & final settlement. The cheque will be delivered within 45 days at the billing address provided by the Customer.
AMENDING THE FORMS
29. NBOPL shall have the option to vary, alter or amend any term and condition forming part of this Form due to administrative or commercial compulsions or for any other reason considered necessary in the interest of business operations. Customer’s continued use of Services or payment to NBOPL after NBOPL has issued such notice will constitute Customer's consent or approval to all amendments.
30. The failure of any party thereto at any time to require performance by the other party of any obligation/provision of this Form shall not affect the right of such party to require performance of that obligation/provision subsequently: nor any waiver by any party of any breach, of any provision/obligation of this Forms shall be constructed as waiver of any continuing or succeeding breach of any such provision or waiver of the provision, itself or a waiver of any right(s) here under.
31. If any part of this Form is held invalid, the remaining provision will remain unaffected and enforceable, except to extent that NBOPL right/obligations under the Form are materially impaired.
32. The service is being provided subject to all the applicable Indian laws, rules and regulations. The terms of service published on the Website www.nexen.co.in shall override all standard terms and conditions
33. CONFIDENTIALITY
Privacy of communication is subject to the terms of the License Agreement of NBOPL with DoT and other statutory and regulatory notifications/directives etc. and agreements with the content provider etc. The Customer specifically agrees that in order to facilitate NBOPL to provide Services. NBOPL may be required to disclose any information or particulars pertaining to the Customer to any authority, statutory or otherwise, including but not limited to any debt collection agency, credit reference agency, and security agency and reserves the right to comply with the directions of such authorities at its discretion and without intimating the Customer.
