1. Service Provider’s Obligations: The Service Provider agrees to provide the services to the Customer on the terms and conditions mentioned in this Customer Application Form (“CAF”).
2. Service entitlements: Service entitlements of the Customer under the chosen Tariff Plan will be applicable as per the Tariff Plan prescribed from time to time.
3. Change in Tariff Plan: The customer is not permitted to change the tariff plan in the middle of his usage cycle or till his validity period. However, the plan can be upgraded by paying differential amount of the higher plan for the residual term of the existing plan on pro rata
4. The Service shall run throughout the entire term of the plan selected by the customer and the customer shall not be entitled to ask for suspension of service for any part of the term.
5. Login ID and Password: The Service Provider shall provide Login ID and Password to every customer to access broadband services.
6. Customer’s Obligations: The customer shall:
I. Be responsible for providing PC / TV with the right configuration to suit the requirements of the service opted for.
II. Not use any hardware or software declared by the Government as unlawful or affecting the
III. network security.
IV. Not resale or redistribute the Services to any other person or party in any manner as the Service is provided to the customer for his own use only.
V. Ensure that all dues to The Service Provider are paid in time.
VI. Provide correct KYC documents and register his / her email Id and cell no. with the Service Provider and any change thereto from time to time.
8. The Customer authorizes the Service Provider to access, copy, amend or delete any third party content uploaded or otherwise provided by the customer through use of Services, where any such third-party content is or alleged to be defamatory, in breach of copyright, illegal or is otherwise not appropriate in sole opinion of the Service Provider.
9. Customer is required to ensure that any objectionable or obscene messages or communications or material are not generated / sent by the customer, which are in derogation of established laws of the Country. Customer acknowledges further that internet contains unedited material, some of which may be obscene, sexually explicit, or pornographic which are in derogation of Indian Laws over which the Service Provider has no control whatsoever. The Service Provider accepts no responsibility whatsoever for access of such material by the customer which shall be at the sole risk of the customer.
10. Sending of Promotional SMS: Customer hereby permits the Service Provider for sending to him service related, informative, or promotional SMS. The Service Provider shall take all efforts to secure and protect the customer’s details.
11. Payments and Billing:
• The period of Service is considered from the date of activation. In case of recharging, the validity period will be considered from the date of recharge.
• Customer can recharge the services account using any of the payment modes made available from time to time.
• Recharge of the account needs to be done prior to the end of current validity period. In case, a customer fails to do so, the Service Provider reserves the right to suspend his services beyond the validity period.
12. If customer’s service is suspended or terminated due to customer’s default or violation of these terms and conditions, the Service Provider will consider reconnection on examination of the case and will levy appropriate reconnection charges before re-activation
13. At initial installation, the customer is liable to pay one-time non-refundable installation charges as per the tariff plan. The Customer will be levied with re-location charges, as applicable from time to time, in case of change in address of the customer within the network coverage of The Service Provider.
14. Child Safe Mode: – The customer assumes all responsibility for use of the Service by any person under 18 years of age and will provide appropriate supervision for any such use and activate Child Safe Mode on various apps / websites accessed.
15. Network Security: Any information sent by the customer over the network shall be at his own risk and responsibility. The customer’s internal network security is his sole responsibility and The Service Provider will not be held liable for any security breaches suffered by the customer as a result of hackers or virus of any kind. The customer undertakes to take all necessary measures to secure their local network from possible external breaches. Anti-Virus installation and updates remain the sole responsibility of the customer.
16. Access to Customer’s Premises: Customer authorizes the Service Provider and its employees, agents, contractors, and representatives with due identification to enter customer’s premises in order to install, maintain, inspect, repair and remove the Equipment. All such services will be conducted at a time mutually agreed by and between the Service Provider and the customer.
17. Disclaimers:
• The Service Provider takes no responsibility whatsoever for the content on the Worldwide Web or access of any content whatsoever by the Customer or any other person using the Service.
• The Service Provider will endeavor to maintain an adequate and reasonable quality of the Service. However the availability and quality of service may be affected by factors outside The Service Provider’s control such as physical obstructions, geographic weather conditions and other causes of electromagnetic interference or faults in other telecommunication networks to which the Network is connected and shall not be liable for any consequences arising thereof including but not limited to damage to customer’s property.
• The Service Provider makes no warranties on the Services provided herein, whether express or implied, including but not limited to, warranties of title, infringement of any intellectual property rights or Implied warranties of merchantability or of fitness for a particular purpose. No advice or information given by the Service Provider, its affiliates or their respective officers, employees or agents shall create a warranty.
• The Service Provider makes no warranty that the Services will be uninterrupted or error free or that any information, software or any other material accessible on the Service is free of viruses, worms or other harmful components and shall not be responsible for any consequences arising thereof. The Service Provider shall not be obliged to grant any service credit for disruption of services due to any reason whatsoever.
18. Right to Confirmation: The Service Provider reserves the right to confirm or verify the information / details given by the Customer in this CAF at any other time directly or through its agents and / or associates and may require the Customer to produce proof as necessary and applicable to substantiate such information / details.
19. Theft of Service: Customer acknowledges that any unauthorized receipt of the Service constitutes theft of service, in violation of the laws of the Land and can result in both civil and criminal proceedings.
20. Termination of Service: The Service Provider retains the right to withdraw or terminate the Service without notice in the event of’-
21. Wrongful, malicious, or fraudulent representation by the Customer in respect of the details provided in CAF.
22. Non-payment of dues by the Customer in respect of installation charges, charges for CPE or other accessories, monthly subscription charges and / or fees, dishonor of cheque issued by the customer. The Service Provider reserves the right to levy Penalty for cheque dishonored at the time of restoration of service.
23. Any attempt by the Customer directly or indirectly to pass themselves off as agents, vendors, retailers, cyber cafes, or business associates of the Service Provider unless expressly authorized in writing by the Service Provider to do so.
24. Damage to the Service Provider equipment or terminal apparatus provided to the Customer for enabling the Service.
25. Internet equipment provided are exclusive property of the Service Provider and has to be immediately returned in working condition on disconnection of services
26. The Service Provider reserves the right to suspend the Services for maintenance, modification or repair or testing of the Services or the Network with prior notice by sending Email on the registered Email ID of customer.
27. The Service Provider will not be responsible to return or provide access to the Customer for any data of the Customer, whether or not stored in the Service Provider network or systems, if and when the Services are terminated.
28. Termination of Service by Customer: In case customer opts for termination of services, customer must intimate the same to the SERVICE PROVIDER. The termination shall be effective after receipt of payment of all outstanding dues.
29. Terms of Services: All terms of services by the Service Provider shall be subject to the license conditions as stipulated by the Government of India and / or Telecom Regulatory Authority of India from time to time.
30. Waiver: Except as otherwise provided herein, the failure of any party to enforce any provision of terms and conditions of CAF will not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
31. Limited Liability: The Service Provider accepts no responsibility or liability whatsoever for commercial transaction of any nature including bookings, purchases, contracts, or agreements entered over the Internet by the Customer or any person or firm using the connection of the Customer.
32. Encryption: The customer shall not take any steps including adopting any encryption system that prevents or in any way hinders The Service Provider from maintaining a log of the Customer or maintaining or having access to copies of all packets originating from the Customer.
33. Indemnification: Customer will be responsible and liable for and indemnifies The Service Provider in respect of liability for any and all use of the Customer’s account and all actions and costs incurred and for all use of the Services accessed through the Customer’s 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 and conditions of this CAF by the Customer.
34. Force Majeure: The Service Provider shall not be liable for any failure or breakdown in the service or any loss or damage caused to the Customer due to war, hostilities, acts of terrorism, riots, strike, lockout, civil commotion, earthquake, lightning, flood, accident, fire or explosion, act of God, pandemic, epidemic, governmental acts, regulations or directions and / or any other cause not within control of the Service Provider.
36. Arbitration: Any dispute or differences in relation to provisions of the Services, shall be referred to arbitration by a sole arbitrator to be appointed by the Service Provider. The arbitration shall be governed as per the Arbitration and Conciliation Act, 1996. Pending resolution, the Customer will be liable to continue to pay the charges for the Services. The arbitration shall be held in Mumbai only. Cost of the arbitration shall be borne by the Customer. The award of such arbitration shall be final and binding on both parties.
37. Governing Laws and Jurisdiction: The validity, construction and performance of this CAF shall be governed by and interpreted in accordance with the laws of the Republic of India the courts of Pune shall have exclusive jurisdiction in case of any dispute.
38. Customer Touch Points – The Customers may contact Netmax any of the following modes:
39. Customer’s Declaration.
“I have read and understood the terms and Conditions provided herein and acknowledge that the tariff plan selected, and I agree to be bound by the same. I agree to abide by the terms and conditions of provision of service as amended from time to time. I hereby declare and confirm that the information provided by me is correct, complete and true in every respect”.