Terms and Conditions


1.1 In this context unless the context otherwise requires:- 

"Company" means Data Infosys Ltd. having its registered office at Inside Jaipur Glass Factory, Tonk Road, Jaipur -302018 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 provide.

"Contract" means the agreement between the Company and Customer incorporating these conditions, the registration form and the Price List.

"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.

"Information" means the visual, textual or other information published or otherwise made available (directly or indirectly) on the Internet using the Service.

"The Internet" means the global data network comprising interconnected networks using TCP/IP ("Transmission Control Protocol/ Internet Protocol").

"The Service" means the DATAFAX (email to fax) service provided by the Company.

"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.

1.2 Companys Price List contains explanations, notes and conditions, which form part of this Contract.


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 This 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 In order to subscribe to the DATA FAX service, clients must:

i.                     All be fully paid up subscribers to the DATA FAX service

ii.                   Have the ability to send and receive email 

2.6 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 under Indian Law. 

2.7 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. 

2.8 Since DATA FAX works as a vehicle for the distribution of the faxes and has no direct control over the destination of these faxes, the responsibility to ensure that the terms of the act are upheld rests with the client.

2.9 The Service is provided on an "AS IS and AVAILABLE" basis without warranties of any kind, either express 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 the Service will be uninterrupted or error free or that any information, software or any other material accessible on the Service is free of viruses, worms, Trojans horses or other harmful components.

2.10 The Service remains Companys exclusive property, Customer being licensed only during sustenance of this contract to use DATA FAX Service. At the end of the contract the right to use the Service ceases.

2.11 Company will involve the appropriate law enforcement agency if the client is using the service, or is suspected of using the service, for illegal activities. Conversely Company will make records available to law enforcement agencies if required by law to do so. If this notice is ignored any impending legal action is the client's sole responsibility. Under no circumstances will the Company accept any legal responsibility or liability.

2.12 Temporarily User ID & passwords to use the service may be provided on Media (Floppy/CD/Scratch Cards/Scratch Papers etc.). The ownership of the Media used will remain the sole property of the Company and on demand should be return to the Company.

2.13 Installation of services, training or trouble shooting of any Internet related problem at subscribers premises may be done on chargeable basis. 

2.14 The subscriber shall take full and sole responsibility for preserving the secrecy of the password. The subscriber acknowledges and accepts that considering the nature of the Service there will be a need to change the password from time to time to avoid misuse and to maintain secrecy. The Company shall not be responsible for any wrongful or unauthorised use, under any circumstances. The Company may change the password on written application and suitable charges. The subscribers have to provide proof of ownership of the service to the Company at the time of such requests. 

2.15 The service shall not be used to send unsolicited emails or faxes. 


3.1 Modem, Internet Connection and other hardware/software is not part of the standard DATA FAX Service package and will have to be purchased by the Customer. The subscriber shall be exclusively responsible 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 warrantees 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.  


4.1 Customer acknowledges and agrees that they will pay the Company the initial sign up fee or 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 the Customer. 

4.2    Call costs for the use of this service are charged to the client at the rates applicable to the destination and prearranged price band.

4.3    Rates are quoted in Rupees for first 60 second period and thereafter billed per pre-rounded 6 (six) second period or part thereafter. 

4.4 Company reserves the right to revise the charges, Price List, Service Packages and security deposit for the Service from time to time at its discretion, which will be binding on the Customer. 

4.5 Where a security deposit is to be paid by the Customer, Company is entitled to retain it and apply it in full or partial satisfaction of any amount due from Customer to the Company. On termination of this contract, provided all amount payable to the Company have been duly paid, the balance (if any) of the security deposit will be repaid to the Customer without any interest on the aforesaid deposit. 

4.6 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. 

4.7      Subscriber can see the Companys charges for various destination at Companys website at http://datafax.datainfosys.net 

4.8      If the payment terms are infringed the Company reserves the right to terminate or suspend all services provided to the client, until all outstanding and penalty are paid. 

4.9      Company reserves the right to re-evaluate its pricing structure at any time. In the event of any pricing evaluation, Company  will endeavour to notify clients, with reasonable notice, of imminent price changes to the services they subscribe to. However, clients have the responsibility to check companys web page (http://datafax.datainfosys.net) for regular pricing updates and changes.


5.1 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. 

5.4 Customer is responsible for and must provide all equipment necessary to access the Service. Company reserves the right to disconnect or deactivate Customers equipment or software at anytime without prior notice including in situations where the equipment or software is interfering with Companys other Services. Customer must comply with Companys 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 resources. 

5.6 Customer has to pay the 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. 

5.7 Company cannot be held responsible for any breach or infringements of any patents, intellectual property rights or trademarks made by any of its clients through the use of the service.

5.8 As with an ordinary fax machine the DATA FAX service will automatically make three redial attempts to deliver the fax message before failing, as such it is possible that up to three call charges will be incurred when sending one fax communication. 

5.9 DATA FAX acts as a gateway for the service and does not see, hear or permanently store the content of messages sent using the service, unless they are returned to us as a failed transmission whereby the client will be notified (if possible) before the information is deleted. DATA FAX cannot be held responsible for the content of faxes sent by the client using the service. The Company will investigate any abuse of the service that is brought to the attention of the Company. Whilst the Company will take all reasonable precautions to prevent loss of information, cannot be held responsible for any email to fax messages that are not received or permanently lost due to failures within the Internet or any circumstances, which are beyond its control.


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 Companys authorized agent or representative to verify the data at the addresses given by the Customer or from any other independent source. Company reserves the rights 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 Customers account details by e- mail, fax, courier or registered post. 


7.1 Customer is not allowed to resale the Service and the right to use the service is subject to limits and restrictions established by the Company from time to time. 

7.2 Customer is required to fully comply with the provisions of laws of India 


8.1 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 Companys obligation to provide the Service shall be on best endeavor basis. 

8.4 The Customer acknowledges and accepts that the Company shall not be liable for any downtime in the Service due to technical problems in Cable Operators Network. 

8.5 Any termination of this Contract shall not affect any accrued rights or liability of either party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force or after such termination. 


9.1 Customer will be responsible and liable for and will indemnify the Company in respect of liability for any and all use of Customers account and all actions and costs incurred and for all use of the Service accessed through Customers 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. 


10.1 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 Companys sole discretion. 


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 Customers use of or action in connection with the use of the Service is inappropriate, in Companys sole opinion, with the continued use of and/or subscription of the Service, then Company may at any time, at Companys sole discretion and without prejudice to any other remedy available to it at law, either suspend Customers access to and use of the Service until such breach is remedied or terminate this Contract and Customers 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 Companys 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.

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 Customers 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 Companys 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 Companys 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. 


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.


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 Jaipur. 


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 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. 


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. 


16.1 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. 

16.2 Neither the course of conduct between the parties nor trade practice will modify the provisions of the Contract. 

16.3 The provisions of all obligations of and all restrictions on Customer will survive the termination of this Contract. 

16.4 No failure or delay on Companys 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. 

16.5 The laws of India govern the Contract and the Customer hereby submits to the jurisdiction of the Courts of Jaipur, Rajasthan.