Broadband Terms & Conditions
The product Terms and conditions (PTC) mentioned herein shall form part or the Customer Application Form (CAF). The signing of the CAF by the Customer shall make the PTC contained herein binding on the Customer. The CAF shall take effect after due verification and acceptance by the Company of the details provided in the CAF by the Customer. The CAF shall remain in force until expiry or lamination in accordance with the provisions of the Agreement provided that the Customer shall continue to remain liable for any charges, if any, payable to the Company for the Services.
PROVISION OF SERVICES:
- a. The Company shall provide the Services to the customer by granting access to the internet through the Network of the capacity mentioned in the CAF. For the purpose of this clause, "capacity" shall mean the capacity of a digital transmission capable of carrying data expressed in terms of bits per second.
- b. Internet Protocol (IP) Address (s) (applicable for distribution of Public/Static/Private IP Address only):
The Company grants to the customer a non-exclusive, non-transferable, revocable license to use the IP address for the sole purpose of accessing the Network. IP addresses shall not become the property of the customer. The customer agrees that allocation of IP addresses by the Company is subject to availability from and any conditions imposed on the Company by the relevant Authority in this regard. The customer agrees to be bound by the terms and conditions imposed on the Company by said Authority, is may be applicable.
- c. The Company exercises no control over and accepts no responsibility for the content of the information passing through the Network, Customer Premises Equipment (CPE), Service Equipment, or a service. The Company specifically denies any responsibility for the accuracy or quality of information obtained through the Network, CPE, Service Equipment, or a service. Use of any information obtained via the Network, CPE, Service Equipment, or a service is at customer's own risk. Customer shall promptly and thoroughly respond to any notices forwarded to customer by the Company including, but not limited to notices that customer content violates the Applicable Law.
- d. Domain Names: Customer shall indemnify the Company for any domain name registered or administered on customer's behalf that violates list Service mark, trademark or other, intellectual property rights of any third party customer shall comply with the Applicable Law including but not limited to rules and procedures of the applicable domain name registers or other authorities. Customer inevocably waives any claims against the Company that may arise from the acts or omission of domain name registers or other authorities.
- e. Security: The customer agrees that the Company shall not be liable any manner for the consequences to customers of an unauthorized breach of customer's systems security such as hacking or denial of services attack. Additionally customers confirms that it shall conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded or downloaded by customer does not contain any computer virus and will not any manner corrupt the data or systems of any person. The Company shall be entitled to in addition to any other remedies available under law suspend the Service of terminate this Agreement in accordance with the provisions contained therein, upon written notice for any violation of the aforesaid terms and conditions by the customer.
1. Charges: a. Installation/Registration charges: Non-refundable one time to be paid by customer either to Company directly or authorized Local Access Provider of Company in advance, b. Service Rental towards Internet Bandwidth: Are recurring charges to be paid monthly in advance by customer.
- 2. Miscellaneous: The Service contract period shall be a minimum committed subscription period of one year in case of Internet Lease Line Service. The charges for shifting transfer, re location of customer premises shall be charged in extra as applicable per service per relocation. Payment: The Company shall raise invoices/cash memo in advance as per the periodicity mentioned in the CAF, the charges billed to customer shall be payable on or before the due date as mentioned in the respective invoice. The payment instrument shall be drawn in favour of 'Wave Tree'.
- 3. Service Tax: Charges shall be exclusive of service tax, which shall be levied at the current applicable rates on the total invoiced amounts.
- 4. The customer shall not resale or cause to resale or offer to sell this Service.
- 5. As per current statutory or regulatory provisions the Wave Tree Internet must not be used for any of the following activities:
A. Voice communication from anywhere to anywhere by means of dialling telephone number (PSTN/ISDN/PLMN) as defined in National Numbering Plan is not permitted.
- B. Originating the voice communication service from a telephone in India is not permitted.
- C. Terminating the voice communication to telephone within India is not permitted. D. Establishing connection to any Public Switched Network in India and/or establishing gateway between Internet & PSTN/ISDN/PLMN in India is not permitted.
- E. Use of dial up lines with outward dialling facility from nodes is not permitted.
- F. Interconnectivity is not permitted between ISPs who are permitted to offers Internet telephony Services and the ISP who are permitted to offer Internet telephony Services.
- G. Individuals/Groups/Organizations are permitted to use a customer encryption up to 40 bit key length in the RSA algorithms or its equivalent in other algorithms without having to obtain permission However, if encryption equipment's higher than this limit are to be deployed, individuals/groups/organizations shall do so with the permission of the Telecom Authority and deposit the decryption key, split into two parts, with the Telecom Authority.
- B. The customer shall and undertakes to fully comply with the provisions of the Indian Telegraph Act, 1885, and the Indian Telegraph Rules made then under and any amendments or replacements made there to from time to time.
- C. The customer shall ensure that objectionable, obscene, unauthorized or any other content, messages or communications infringing copyright, intellectual property right and international & domestic cyber laws in any form or inconsistent with the law of India are not carried in his network by him or any other person using his network. The customer must take all necessary measures to prevent it. The use of the Wave Tree internet for antinational activities would be constructed as an offence punishable under the Indian Penal Code or other applicable law. The customer must ensure that the Internet provided by Wave Tree is not used for such purposes by him or any other person using his network. Customer understands further that the internet contains unedited materials some of which are sexually explicit or may be offensive to some people. Customers access such materials at their own risk arid consequences. Wave Tree has no control over and accepts no responsibility whatsoever for such materials.
- D. 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 Wave Tree shall create warranty. Wave Tree do not warrants that the service will not be interrupted or error free or that any information, software or other material accessible on the service is free of viruses, worms. Trojan horses or other harmful components. The customer shall solely at its own cost ensure that its equipment is adequately protected and Wave Tree accepts no responsibilities or liabilities of any kind for loss of any data files.
- E. Under no circumstances shall Wave Tree be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from customers, use of or inability to use the service or to access the internet or any part thereof, or customers reliance on or use of information, services or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance.
- F. Service quality, functionality, availability or reliability may be affected and/or Wave Tree is entitled to without any liability, refuse, limit, suspend, vary, disconnect and or interrupt the service, in whole or in part, at any time, in its sole discretion, for any reason and/or due to various factors including but not limited to:
a. Govt.'s rules, regulations, orders, directions, etc.; b. Combat potential fraud, sabotage, etc.; c. Force-majeure circumstances; & d. Delayed/non-payment of bills/invoices.
- G. The Company reserves the right to disconnect the Internet Services without giving any notice in case of non-payment of advance monthly Rental service by the Customer.
- H. The Company has every right and free access to the installation site for time-to-time check-up and service maintenance.
- I. Arbitration of Disputes- In case of any dispute between the parties it may be referred to Arbitrator/Arbitrators as per Arbitration and Conciliation Act. All disputes and differences between the parties arising out of this agreement shall be subject to the exclusive jurisdiction of the courts in Kolkata.
Bandwidth Share Ratio:
- Broadband defines itself a shared connection between other users on the network. Our share ratio for all broadband plans or packages are 1:10, i.e. customers can expect 10% bandwidth of any plan as guaranteed bandwidth available to them at any time.