1.1 In this context unless the context otherwise requires:
'Company' means Alegra Communication Pvt Ltd (powered by Limras Eronet
Broadband Service Private Limited) having its registered office at F6 FIRST FLOOR,
VIRGINCAR BHAVAN, MARGAO - 403601, its successors and assigns, and all other entitles
involved in the provision of the Services' "Price List" and Service Packages" means the
schedule of charges for the Service, which the Company may publish from time to time;
"Contract" means the Agreement between the Company and Customer incorporating these
conditions, the registration form displayed and completed and the Price List;” Customer"
means any person as defined under General Clauses Act 1899 who has subscribed to the
Service by signing this Contract, limited by downloads and amount, 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; Internet" means the global data network commencing interconnected
networks using TCP/IP ("Transmission Control Protocol internet Protocol"); 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.
1.2 Company's 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.
2.1 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 be subject to the License Agreement between Department of
Telecommunications and Ministry of Communications, Government of India and the
Company for the operation of Internet services to the extent as may be applicable
Hereto.
2.3 The Customer acknowledges that no unused access limits will be carried forward
after the expiry of download Limit or after the expiry of amount paid by Customer, whichever
is earlier.
2.4 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 the under
Indian Law.
2.5 Customer has to give the Company in writing any information required as per
statutory requirement for use of the Services as notified to the Customer from time to time.
2.6 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 other material accessible on the Services is free
of viruses, worms, Trojans horses or there harmful components.
2.7 The service remains Company's exclusive property, Customer being licensed
only during subsistence of this contract to use it and to have access to the Service. Upon
expiry of or earlier termination of the contract, the right of the Customer to use the
Services shall cease.
3.1 CPE/Modem/Router is not part of the standard Service package and will have to
be purchased/rented by the Customer.
3.1.1. In case the customer purchases the CPE/Modern/Router outright, the same
will become the property of the Customer.
3.1.2. If the Customer has purchased the CPE/Modem/Router in installments and
wish to terminate the subscription before all the installments have been paid to the
Company, Customer will have to pay the balance installment amounts and keep
the CPE/Modem/Router. In case Customer fails to pay the balance installments
within 15 days of termination of subscription, Customer will have to return the
CPE/Modem/Router to the Company and no money will be refunded to the
CPE/Modem/Router lieu of the CPE/Modem/Router returned. In case of any
damage to the CPE/Modem/Router, the Customer will have pay the
service/repair charges including the cost of replacement of parts, if any.
3.1.3. If the Customer rents the CPE/Modem/Router, the CPE/Modem/Router will be
property of the Company. For the rental option the Customer will pay the
Company refundable (non-interest bearing) security deposit and monthly rental
as mentioned in the Price List. On termination of this contract, the Customer will
have to return the CPE/Modem/Router to the company and the Company will
refunded the Security Deposit to the Customer after adjusting dues from the
Customer to the Company. In case of any damage to the CPE/Modem/Router,
the Customer will have to pay the service/ repair charges including the cost of
replacement of parts, if any.
3.2 Customer is advised to use CPE/Modem/Router supplied by the Company only.
3.3 Company's technicians will install the cable wire upto Customer's office or
residence (if it is not already present) and connect the cable to Customers Computer wishes
to have internet Access.
3.4 The CPE/Modem/Router carries a warranted of 1 year, which is provided by the
Original Equipment Manufacturer. Company is not responsible for the equipment warranty or
guarantee.
3.5 Recognising that the Company is merely the supplier of Cable Modem/Router (or
any other hardware that be supplied), the Company makes no warrantees of any kind,
expressed or implied in respect of the same, and also disclaims any warranty of
merchantability and I or fitness for a particular purpose. Warranties in respect of all hardware
supplied by the Company will be made and issued by the respective manufacturers.
4.1 Customer acknowledges and agrees that they will pay the Company in advance the
initial sing up fee and/or monthly fee and other charges as and when they fall dues as may
from time to time be notified to Customer by the Company. Customer also agrees to pay
all applicable statutory taxes relating to the use of the Service by the Customer.
4.2 Company shall not be liable to refund any amount to the Customer when the
Service is down or interrupted or suspend.
4.3 Company reserves the right to revise the charges, Price List, Services Packages
and security deposit for the Service from time to time at its discretion, which will be binding
on the Customer.
4.4 Company will invoice Customer on a periodic basis and an invoice will be either
posted, Couriered, e-mailed or faxed to the Customer.
4.5 Payment is due on the due date mentioned on the invoice. Ail charges must be
paid in full without any deduction set-off or withholding. If the Customer does not pay the
amount due date, the Company will be charge interest @ 5% per month on the
outstanding amount unfit the outstanding amount has been paid in full by the Customer.
4.6 It will be Customers responsibility to inquire about Customer outstanding and in
case of non-receipt of invoice, Company reserves the right to withdraw suspend /terminate
the Service partially or fully in case of non-payment of invoice by the due date.
4.7 Company is entitled to retain the security deposit and apply it in full or partial
satisfaction of any amount due from Customer to the Company. on terminations of this
contract, the security deposit will be refunded to the Customer subject to any adjustment, if
any and without any interest on the security deposit.
4.8 All the terms and conditions of the Service Package plans and payments
including subsequent Service Packages/manuals/booklets etc., issued/notified by the
Company from time to time shall binding on Customer.
5.1 Customer will not reproduce, distribute, publish, copy, download or otherwise
exploit any Third Party Content, which is protected by copyright or any other intellectual
property rights, unless the Customer owns the relevant rights thereto or have obtained all the
requisite licenses and approvals. The Customer shall alone be liable and responsible for
all such unauthorised reproduction or distribution, publication, copying, downloading or
exploitation of any Third Party Content by the Customer or for infringement of copyright or
any other intellectual property other applicable.
5.2 For the purpose 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 Company's sole opinion
to be accessed for otherwise provided by or through the use of the Service.
5.3 Customer is required that any objectionable or obscene messages or
communications or material are not generated sent by the Customer, which are in derogation
of the established laws of the country. Customer acknowledges further that the internet
contains unedited material, some of which may be obscene, explicit or pornographic material
which are in derogation of the Indian Laws, over which the Company has no control
whatsoever. The Company accepts no responsibility whatsoever for access of such material
by the Customer which shall be at the sole risk of the Customer.
5.4 Customer is responsible for and shall provide all equipment necessary to access
the service. Company reserves the right to disconnect or deactivate the Service at anytime
without prior notice including in situations where the equipment or software is interfering
with Company's other Services. Customer shall comply with Company's 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 service, 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 demand from the Customer
any advance deposit, any time during the sustenance of this contract for use of Service and
it shall be binding on the Customer.
5.7 Customers are restricted from providing their own Internet service and or illegal
termination origination of international voice calls without any valid ISP license.
(Notification 813-712002-LR(Vol.ll)
5.8 1t is mandatory for all customers to provide the complete network diagram of the
setup along with the details of connectivity at the premises of all the Internet leased line
customers.(Notification no 813-712002-LR(Vol.l1)
5.9 Company will carry out periodical inspections at the premises of the customers to
check the possible misuse and possible interconnection of the intemet leased line to
PSTN/ISDNIPLMN (Notification no 813-7/2002-LR(Vol.ll)
5.10 Spam/Unsolicited mails not allowed, if found services will be terminated with
immediate effect. Customer’s connection will be temporarily terminated once identified
transmitting virus infected mails.
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
6.1 Customer confirm and warrants that all the information supplied 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
through its authorized agent or representative or from any other independent source.
Company reserves the rights to use this information and data at its discretion. In case of any
incorrect information found in the application form given by Customer, at any time, the
Company reserves the right to partially or fully withdraw/suspend/terminate the Service
forthwith without any notice in that regard.
6.3 Customer agree to notify the Company immediately of any changes to the
information given by the Customer while 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 assign the Service (expect World Wide Web service)
and the right to access is subject to the terms and conditions herein.
7.2 If the Customer is a value added telecom service provider, Customer would
require necessary permission license from Dy. Director General (CS), Department of
telecommunications, Sanchar Shaven, 20 Ashoka Road, New Delhi-11 0001
(Tel: 0112332 625512303 2855, Fax: 2332 7656)
7.3 Customer is required to fully comply with the provisions of the Indian Laws
including Information Technology Act,2000, Telegraph Act, 1855 and, the Rules made there
under 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
any transaction relating to good, 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
special incidental or consequential damage arising out of or in connection with the use of (or
inability to use) the Service, inducing, 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 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 acknowledge 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
Company's obligation to provide the Service shall be on best endeavour basis.
8.4 The Customer acknowledge and accepts that the company shall not be liable for
any downtime in the Service due to technical problems in ISP Provider's Network (which
Bharati Airtel right now) or in any equipment.
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 any provision
hereof which is expressly or by implication intended to come into or continue in force or
after such termination.
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 Services to the Customer including but not limited to claims for
defamation, infringement of copyright or any other intellectual property rights or for
misuse of the service and any breach or non-observance of any terms of this Contract by
the Customer.
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 Company's 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 invoices or If Customers use of or
action in connection with the use of the Service inappropriate, in Company's sole opinion,
with the continued use of and/or subscription of the Service, then Company may at any time,
at company's 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 sing-up fee. It shall be Company's sole discretion to allow such
reinstatement of the in full partially.
11.2 Company may suspend the Service during Technical failure modification or
receipt or testing of the service network.
11.3 Company reserves the right to partially or fully withdraw, suspend or terminate
the Service with or without notifying 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 undemo obligation to
make such data or any copies of its available to the Customer in any for whatsoever. Should
this Contract terminate for any reason whatsoever Customer data stored on Company's
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 Company's behalf.
11.7 The parties to this contract may terminate this contract without cause and
without prejudice to Company's rights as specified in this contract, by serving at least 30
days written notice on the other side.
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 Good etc., Customer will not have any claim for
damages against the Company in respect of such-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
Illness of the upstream gateway service provider (which is BHARATI AIRTEL right now);
12.2.2. Delay or disruption in the Service attributable directly or indirectly of any
Statutory and 1 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 a per the Arbitration
and Conciliation Act of 1996. The Arbitration shall be held in Goa.
14.1 Company may assign this Contract any time and that will be binding on
Customer.
14.2 This contract, the Service shall be non-transferable by Customer in nature and
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 I service.
However, Customer may seek Company's 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 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 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 company's 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 of 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 Court of GOA.