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TERMS
AND CONDITIONS
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1
Unless
the context otherwise requires: iPath India means iPath India Private
Limited having its registered office at G-358, Panampilly Nagar, Cochin
682 036.
NetPath in general includes "the Service" such as Internet Access, E-mail and other related information services that iPath India offers to the customer. The Price List" and "The Price Schedule" means the schedule of charges for the service which iPath India publishes and provides, "Contract" means the agreement between iPath India and customer incorporating the conditions mentioned in the Terms and Conditions, the registration form displayed and completed and the price list. It includes a person who iPath India reasonably believes is acting with the customer's authority or knowledge, "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 iPath India whereby Customer can gain access to the internet and, where applicable, any ancillary Internet work-based technologies, consulting and any Service and facilities which iPath India provides and Customer uses in connection with the Service and which are set out in the Price List; "Prepaid amount, is that which is paid to iPath India in advance for the Service; "Third 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 . 2. iPath India's price list contains explanations, notes and conditions, which form part of this Contract. 3.These conditions, the price list and the registration form displayed and completed shall form part and parcel of this Contract between Customer and iPath India for the provision of the Service. 4. iPath India 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 iPath India. 5. This contract shall run in concurrence with License Agreement between Bharath Sanchar Nigam Limited (formerly Department of Telecommunications), Ministry of Communications, Government of India and iPath India for the operation of Internet Services subject to other terms and conditions of this contract. 6.iPath India agrees to provide the customer with the service on the terms and conditions of the Contract. 7.The prepaid subscriber acknowledges that no unused access time will be Carried forward after the expiry of time limit or after the expiry of amount paid by prepaid subscriber, whichever is earlier. 8.The Service is supplied for decent and lawful purpose only and without any express or implied warranties save for those warranties implied or imposed; which cannot be excluded or restricted under Indian Law. 9.The
customer shall give iPath India in writing any information required
as per statutory requirement for use of the service as notified to Customer
from time to time.
10.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 or fitness for a particular
purpose. No advice or information given by iPath India, its affiliates
or their respective employees shall create a warranty. Neither iPath
India nor its affiliates warrants 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, Trojan horses or
other harmful components.
11.The
service and passwords remain iPath India's exclusive property, Customer
being licensed only during sustenance of this contract to use it to
obtain access to the service. At the end of the contract the right to
use the service and passwords ceases.
12.For the unlimited internet connection offered, the customer agrees that:The customer will specify his telephone number from where he will access the NetPath service. The customer will be allowed access to NetPath service only if he logs in from the number specified during online registration. The telephone number so specified cannot be changed. The packs meant for domestic consumption will not be transferred, rented or sold in whole or part thereof for a consideration or otherwise at any point of time. In case the pack is used for commercial purposes i.e. by offices/commercial establishments/cyber cafes/any location having a LAN/any resale of the NetPath service in part or in whole, the service will be terminated without notice & no compensation paid. It is construed that the customer has understood all the product specifications and its features. 13.Customer
acknowledges and agrees that it will pay iPath India 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 iPath India in accordance
with this Contract. Customer also agrees to pay all applicable statutory
taxes relating to the use of the Service.
14.
iPath India shall not credit or refund any amount to Customer when the
Service is "down" or suspended.
15.
iPath India reserves the right to revise the charges, Price List, Tariff
Schedule and security deposit for the Service from time to time at its
discretion, which will be binding on the Customer.
16.
iPath India will, if required, invoice Customer on a periodic basis
and such invoice will be sent to Customer by post, courier, electronic
mail/or facsimile transmission. It is hereby clarified that for prepaid,
no invoice would be sent.
17.Payments
are due on the due-date mentioned on the invoice. All charges must be
paid in full without any deduction, set-off or withholding. If Customer
does not pay the amount due by the due date, iPath India will charge
interest of 2% per month on the outstanding amount until the outstanding
amount has been paid in full.
18.It will be the responsibility of the Customer to inquire about its outstanding and in case of non-receipt of bill Customer shall contact iPath India and pay the amount due by the due date. iPath India reserves the right to withdraw/suspend/terminate the Service partially or fully in case of non-payment of invoice by the due date. 19.Where
a security deposit has been required to be paid by Customer, iPath India
is entitled to retain it and apply it as iPath India decide in full
or partial satisfaction of any sums due from Customer to iPath India.
On termination of this contract, provided all sums payable to iPath
India have been duly paid, the balance (if any) of the deposit will
be repaid to Customer without any interest on deposit.
20.As
per our money-back guarantee plan , on discontinuation/termination of
the service from the part of the customer on genuine grounds, for all
connections worth more than Rs.5000/-, a refund will be given on prorate
basis, after deduction of the following amounts.
Rs.500/ against cancellation charges Rs.1500/-
against E-Scan virus protector CD
Rs.595/- against the Malayala Manorama yearbook CD.
21.All
the terms and conditions of the tariff plans and payments shall be notified
by iPath India from time to time by way of Tariff schedules and shall
be binding on the Customer.
22.The
Customer will not reproduce, distribute, publish, copy, download or
otherwise exploit any Third Party Content which is protected by copyright
or similar rights unless Customer owns or controls the relevant rights
thereto or has obtained all the requisite licenses and approvals.
23.For the purposes of the legal provisions or otherwise, Customer further acknowledges, agrees and authorizes iPath India to access, copy, amend or delete any Third Party Content uploaded or otherwise provided by Customer through the use of the 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 iPath India's sole opinion to be accessed or otherwise provided by or through the use of the Service. 24.Customer
shall ensure that objectionable or obscene messages or communications,
which are inconsistent with the established laws of the country, are
not made. Customer understands that the Internet contains unedited materials,
some of which is sexually explicit or may be offensive to some people.
Access to such materials will be at Customer's own risk.
25.Customer is responsible for and must provide all telephone and other equipment necessary to access the Service. iPath India reserves the right to disconnect or deactivate Customer's equipment or software at anytime without prior notice including in situations where the equipment or software is interfering with other Service. Customer shall comply with the requirements as regards access equipment and/or mode of access to and/or use of the Service. 26.iPath
India reserves the right to amend any particular program, information
or facility, which iPath India 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.
27.Customer
shall pay iPath India interest-free security deposit as and when specified
by iPath India. iPath India also reserve the right to ask for advance
deposit any time during the sustenance of this contract for use of service
and it shall be binding on Customer.
28.
In order to access the Service Customer will be issued with a set of
unique passwords. Customer is responsible for the security and proper
use of all pass words relating to the Service and must take all necessary
steps to ensure that all passwords are kept confidential, secure, used
properly and not disclosed to other people.
29.Customer
shall inform iPath India immediately as and when any password has become
known to someone not authorised to use it or if any password is being,
or is likely to be, used in an unauthorised way.
30.If
iPath India have reason to believe that there is likely to be a breach
of security or misuse of the Service iPath India may change the password
and notify Customer accordingly.
31.If
Customer forgets any password, by contacting the customer service centre
by telephone and satisfying such security checks as iPath India may
operate, Customer will be given his password to enable use of the Service.
32.Customer agrees to notify iPath India immediately of any changes to the information it gives to iPath India when registering for the Service, including any changes to its account details by e-mail, facsimile, courier or registered post. 33.Customer
confirms and warrants that all the information supplied during registration
for the Service is true, complete and accurate in all respects.
34.iPath India reserves the right to verify the information given by Customer in the application form and can also use the information through its authorised agent or representative to verify the data at the addresses given by the Customer or from any other independent source. iPath India reserves the rights to use this information and data at its discretion. iPath India reserves the right to terminate the services if the information furnished by the customer is not correct. 35.Customer
is not allowed to resell the Service and the right to access is subject
to limits and restrictions established by iPath India from time to time.
If Customer is a value-added telecom service provider, it would require
necessary permission/license from Bharath Sanchar Nigam limited. As
per Bharath Sanchar Nigam Limited, Govt. of India, Telephony on Internet
is not permitted. The Service will be terminated for any violation of
this clause of the contract. The customer will be liable for damages,
penalty and other legal consequences as per the prevailing rules and
conditions in the country and would be liable to make good any claim
on iPath India for the same. Customer is required to fully comply with
the provisions of the Indian Telegraph Act, 1855, and the Indian Telegraph
Rules made there under and any amendments or replacements made thereto
from time to time.
36.iPath India 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 Customer. 37.In no event shall iPath India 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 iPath India or of its employees or otherwise. No guarantee of end-to-end bandwidth on Internet is made. 38.While every effort is made by NetPath to provide highest quality of service (Dial-up service, Leased Line service and dedicated dial-up service), Customer acknowledges that linking, quality and speed of data transmission with the network is entirely dependant on the telephone lines connectivity as may be permitted by MTNL/DOT/Basic Operator or such other relevant service provider. Accordingly, NetPath shall in no event be responsible to Customer in any manner whatsoever for any failure, defect in connectivity or accidental loss of connectivity with the network computer or the deficiency in data transmission between the network computers, or any inconvenience, damage or loss including consequential liability that may be caused to anyone or of any kind arising therefrom. 39.Customer shall be under an obligation to inform iPath India in writing as to an authorised usage of its password as specified in clause 29 above. In case of failure on its part, Customer shall be entirely liable for all the charges incurred by that unauthorised usage. 40.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 termination. 41.Customer will be responsible and liable for and will indemnify iPath India in respect of liability for any and all use of its account and all actions and costs incurred and for all use of the Service accessed through its account or its password(s) or otherwise by virtue of the provision of the service to 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 terms of this Contract by Customer . 42.iPath India 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 its sole discretion . 43.If Customer is in breach of any of the terms of this Contract including non-payment or late payment of any invoices or if customer's use of or action in connection with the use of the Service is inappropriate, with the continued use of and / or subscription of the Service, then iPath India may at any time, at its sole discretion and without prejudice to any other remedy available to it at law, either suspend customer's access to and use of the Service until such breach is remedied or terminate this Contract and 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 iPath India's sole discretion to allow such reinstatement of the service in full or partially. 44.
iPath India may suspend the service during Technical failure modification
or repair or testing of the service network.
45. iPath India reserves the right to partially or fully withdraw, suspend or terminate the service with or without notifying Customer in case payment instrument is returned unpaid to use for whatever reason by Customer's bankers. 46.
Subject to Clause 43 iPath India may terminate this Contract and the
Service at any time by informing Customer by post, courier, electronic
mail / or facsimile transmission.
47.Should iPath India suspend or terminate the Service pursuant to Clause 43 Customer has no right to any data stored and iPath India shall be under no obligation to make such data or any copies of its available in any form whatsoever. Should this Contract terminate for any reason whatsoever the data stored on iPath India's facilities will be explicitly erased without prior notice. 48.iPath
India reserves the right to assign a credit limit based on its own independent
assessment that shall be binding on Customer. iPath India also reserve
the right to partially or fully withdraw / suspend / terminate the service
in case usage of service exceeds credit limit assigned by iPath India.
iPath India does not however, guarantee to effect such withdrawal /
suspension / termination immediately the credit limit is reached. iPath
India also reserve the right to revise the credit limit from time to
time without any notice to Customer and it shall be binding on Customer.
49.iPath India reserves the right to appoint any agency and authorise the agency to do verification of information given by Customer and collection on its behalf. In case of any incorrect information found in the application form given by Customer, iPath India reserves the right to partially or fully withdraw / suspend / terminate the service forthwith without any notice in that regard. 50.The parties to this contract may terminate this contract without cause and without prejudice to their rights as specified in this contract, by serving at least 30 days written notice on the other side. If the customer terminates the contract under this clause, he shall forfeit the unexpired hours of usage and the amount paid shall not be refunded. 51.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, explosion, epidemic, quarantine restriction,
strikes, lock-out or act of God etc., Customer shall not have any claim
for damages against iPath India in respect of such non-performance or
delay in performance of the Services.
52.In
the event of any question, dispute or difference arising out of provisions
of the service, the matter shall be referred to the sole arbitration
of the person nominated by Managing Director of iPath India.
53.iPath
India may assign this Contract at any time and that will be binding
on the Customer.
54. This contract, the service and passwords shall be non-transferable by the Customer in nature and any private transfers shall not absolve it of its primary duty towards iPath India for the charges levied pertaining to such particular contract/service/password. However, Customer may seek prior permission in writing from iPath India for intended transfer. In case of such permission being granted by iPath India, Customer shall be under an obligation to fulfil requisite documentation formalities and payment of charges as specified by iPath India 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 iPath India. 55.Save as specified in this Contract, any notice or other communication to be given by iPath India under this Contract shall be in writing and shall be served by leaving it or sending it by e-mail, facsimile, courier or post at its address as specified in this Contract or as are notified by Customer as per clause 32 above. 56.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. 57. Neither the course of conduct between the parties nor trade practice will modify the provisions of the Contract. If any provision of this Contract is determined to be invalid the other provisions shall remain in full force and effect. The provisions of all obligations of and all restrictions on Customer will survive the termination of this Contract. 58.No failure or delay on the part of iPath India 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. 59.The
Internet account once expired can be renewed within one month with
the same username and details. After one month the user details for
the expired account may not be available to the parties. |