1.1 In this context unless the context otherwise requires:
‘Company’ means Alegra Communication Pvt Ltd 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. 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. PROVISION OF HARDWARE FOR THE SERVICE (Applicable only for CPE/Modern/Router)
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. 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 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.
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. RESTRICTIONS ON USE
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.
10. VARIATION OF TERMS AND CONDITIONS
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. WITHDRAWL, 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 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 11.1Customer 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 .FORCE MAJEURE
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 Limras Eronet right now);
12.2.2. Delay or disruption in the Service attributable directly or indirectly of any Statutory and 1 or Regulatory Authorities; and in law.
12.2.3. Delay or disruption in the Service attributable directly or indirectly to a change
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. ASSIGNMENT AND TRANSFER
14.1 Company may assign this Contract any time and that will be binding on
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.
15. GIVING NOTICE
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. 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 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.
• Registration charges are Rs.750/-.
• Taxes as applicable.
• CPE/Modem/Router prices may vary time to time.
• Please contact your nearest Alegra branch offices for area specific plans/schemes & SME / Corporate Services.
• Maximum Contention Ratio for Home/Business users -> 1 : 50
• Fair Usage Policy (FUP Limit) Applicable as per TRAI guidelines on Limited data Plans.
• Data transfer is calculated as a total of ‘Upload + Download’.
• All Plan comes with 30days Validity
• Installation Charges May Vary depending upon geographical area.
I have read this Agreement and agree to the terms and conditions.