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 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.
"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.
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.
Companys Price List contains explanations, notes and conditions, which
form part of this Contract.
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.
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.
2.4 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 Company would try to upgrade network capacity so as to provide desired speed of connections to the subscribers. However the subscriber understands that he would be able to operate at the desired speed only for 50% of time.
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 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 Temporarily User ID & passwords to access 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.
2.11 Installation of services, training or trouble shooting of any Internet related problem at subscribers premises may be done on chargeable basis.
2.12 Value Added Telecom Service Providers would require necessary permission/license from the concerned departments.
2.13 The Subscriber is required to use Telecom Engineering Center (TEC) approved Interface equipments for accessing the Internet Service of DIL.
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 Telephony on Internet is permitted to a limited extent i.e. (i) from PC to PC within or outside India (ii) PC in India to Telephone outside India (iii) IP based H.323/SIP Terminals connected directly to ISP nodes to similar Terminals within or outside India. The Customers shall strictly comply with the above and the persons involved are liable to be proceeded with and punished.
2.16 The Company would broadcast audio/video/ messages/commercials for the interest of the general public.
3. PROVISION OF HARDWARE FOR THE SERVICE
3.1 Modem and other hardware is not part of the standard 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 A port utilization charge equivalent to Rs.1 will be applicable on every login to the services. Also there would be a pulse rate system wherein the usage will be accounted in slabs of 5 minutes.
4.3 For the Internet connection offered under the category unlimited hours /No Limit, the customer agrees that :
4.3.1 The subscriber will specify his telephone number from where he will access the service. The subscriber will be allowed access to the service only if he logs in from the number specified during online registration. The telephone number so specified cannot be changed.
4.3.2 A subscriber is allowed to login to the service a maximum of four times between 0000 hours to 2400 hours, and a deduction of 24 hours will be made from the validity period of the service, if the number of login to the services exceed four times between 0000 hours to 2400 hours
The category unlimited hours /No Limit are meant for domestic/individual consumption and will not be transferred, rented, or sold in whole or part thereof for a consideration or otherwise at any point of time. The category unlimited hours /No Limit can be used for a maximum of 6 hours a day cumulatively. User will not have access to the service if the usage exceeds 6 hrs in a day. In such a case, the company reserves the right to withdraw the service to such users and the user will also forfeit balance usage left in his account with no compensation paid. In case the category unlimited hours /No Limit is used for professional/commercial purposes or by any office or commercial establishment or for that matter by any self employed professional/s or business/es operating out of small offices or home offices or a cyber cafe or any location having a LAN or resale of the Internet service is done in part or in whole, the service will be withdrawn without notice and no compensation paid. It is construed that the customer has understood all the product specifications and its features while enrolling for the service.
4.3.3 If usage exceeds more than 6 hours in a day, there would be a deduction of 1 day for every usage more than 6 hours in a day.
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 various chargeable services at Companys website at www.datainfosys.net
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 Companys 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 material, some of which is sexually explicit or pornographic material that may be offensive to some people. Customer access to such material will be at Customers 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 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 Internet 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.
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. RESTRICTIONS ON USE
7.1 Customer is not allowed to resale the Service and the right to access 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 the Indian Telegraph Act, 1855, and the Indian Telegraph Rules made thereunder and any amendments or replacements made thereto from time to time.
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 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. VARIATION OF TERMS AND CONDITIONS
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. 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 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.
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. FORCE MAJEURE
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
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. 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 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.
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.
16. LAW / JURISDICTION
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.