Children are an integral part
of our online community. The Internet offers kids many opportunities for
learning, constructive entertainment, and personal growth. But there are a lot
of risks that children face online. Working together, we can make the online
environment a safe and rewarding experience for children. Filtering software
like CYBERPATROL, NETNANNY, SURFWATCH, etc can help keep children from
inappropriate online areas. Like the rest of the world, the Internet may contain
some material that is inappropriate for young audiences. There are a number of
ways you can control what your child can see and do online. Filtering tools are
a great way to tailor your child's online experience, but there is no
substitute for parental involvement online.
This message is being
displayed to you as per the regulation from Ministry of Communication &
Information Technology, Government of India.
By being allowed access to
this Site (as defined below), you enter into the Site user agreement on the
terms and conditions ("Terms") set out below. The Company (as defined
under) reserves the right to add to or change/modify the Terms. The Company
reserves the right, at its sole discretion, to make changes to any section of
the Site. Due to its policy of updating and improving the Site, the Company may
wish to change these Terms including those relating to the use of the
Information (as defined under). You should read these Terms from time to time
because such revised Terms shall be binding on you. Certain provisions of these
Terms may be superseded by expressly designated legal notices or terms located
on particular pages in this Site. If you access or register with the Site after
the Company has published or notified you of those changes, you agree to be
bound by those changes.
Set out below are the Terms
governing the access, use of and downloads from this website, bhawanicable.com
("Site")and includes any file or groups of files hosted on a computer
and accessible by third parties through the internet by the use of any protocol
used to transmit files through the internet and any collection of one or more
inter-related web pages or documents which can be viewed in its entirety
without leaving the applicable distinct URL when viewed by a browser program
through a common URL. It is expressly understood that the term "URL"
means the electronic address of any document located on the web comprising of a
code or series of letters, numbers and/or symbols, which corresponds to a specific
location on the web.
You are advised to read the Terms carefully before
accessing or registering to the Site. By accessing the Site you are agreeing to
the Terms, whether or not you are a registered user. Please contact [bhawanicable.com]
if you require any clarifications.
The materials on the Site are provided by Bhawani Cable
& Broadband Services., an Indian company, having its registered office at 3rd floor Sanjona Complex,
Hemu Kalani Marg, Plot no. 11A, Sindhi Society, Chembur,Mumbai 400071, ("the
Company") as a service to its users and subscribers, and may be used for
informational purposes only. If you do not agree to the Terms, please do not
access/ use the Site or download any materials from it. The access to this Site
is at the sole discretion of the Company. Certain parts of this Site are
accessible without the need for registration. You will be prompted to register
when you attempt to access part of the Site which requires prior registration.
The Bhawani Cable is a trademark and logo may not be used
without the prior written consent of
Bhawani Cable & Broadband Services and shall not be used in any
manner that is likely to cause confusion or in any manner that disparages or
discredits the Company, the logo or the Site.
All the information displayed,
transmitted or carried by the Site and its related websites including but not
limited to data, images, graphics, logos, icons, directories, guides, news
articles, opinion, reviews, text, photographs, images, illustrations, profiles,
softwares, audio clips, video clips, trademarks, service marks and the like,
e-mail, messages posted by the user in a chat room, discussion forum or
otherwise (collectively "Information") are protected by copyright,
trademarks and other intellectual property laws. The Information is owned by
the Company, its affiliates or third party licensors. You agree to abide by all
copyright notices and restrictions that are applicable to any Information and
not to alter the Information in any way. You further agree not to transfer the
Information to any other person and you agree that you shall do all that may be
necessary to prevent any unauthorized copying of the Information.
Except as expressly provided
herein, the Company, its affiliates, subsidiaries and its suppliers do not
grant any express or implied right to you under any intellectual property laws.
Any other rights may be expressly granted to you by the Company in writing.
All trademarks, brands and
names used on this Site, including trademarks, brands and names of affiliates,
co-subsidiary, co-branders, partners, advertisers, etc., are the property of
their respective owners and the Company claims no right, title or interest
tosuch trademarks, brand and names used on this Site.
USE OF INFORMATION
You may download one copy of
the Information hosted on the Site on a single computer for your personal,
non-commercial internal use only unless specifically licensed to do otherwise
by the Company in writing or as allowed by any license terms which accompany or
are provided with any particular Information. This is a license, not a transfer
of title, and is subject to the restrictions set out in these Terms.
You may retrieve, display,
print or store any part of the Information for your personal, non-commercial
use only. Any other use, including reproduction, modification, distribution,
transmission, re-publication, commercial exploitation, display or performance
of the Information on this Site is strictly prohibited.
The Information whether publicly
posted or privately transmitted, is the sole responsibility of the person from
whom such Information originated. Therefore, the Company is not responsible for
any Information that you upload, download, post, email, transmit, exchange or
otherwise receive through the Site. The Company does not control the
Information posted via the Site and does not guarantee the accuracy, veracity,
integrity, reliability or quality of such information.
You shall not use, access or
post on the Site any Information which is unlawful, immoral, illegal or
malicious or in violation of any law of the place where you access the Site nor
shall you use the Site for gambling, solicitation, email attacks, transmission
of viruses, malicious or nuisance emailing or messaging, diffusion of immoral
or pornographic material or engage in any activity which will result in breach
of law or result in any offence. If you do any act or omission of the nature
stated herein, the Company reserves the right to restrict or prohibit your
access to the Site or to take steps to counter these or to terminate your
registration and enforce all remedies available to the Company in law.
Not withstanding anything mentioned in the Terms, in
particular, you may not without the prior written permission from the Company:
Redistribute any of the Information
Create a database in any format by systematically
downloading and storing all or any of the Information.
Modify the Information or use them for any commercial
purpose, or any public display or performance, sale or rental.
De-compile, reverse engineer or disassemble software
except and only to the extent permitted by applicable law.
Use the Site or the services
provided by the Company to:
Upload, post, email, transmit
or otherwise make available any content or Information that is unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable.
Impersonate any person or
entity, including, but not limited to, a Company official or representative,
forum leader, guide or host.
Forge headers or otherwise
manipulate identifiers in order to disguise the origin of any content
transmitted through the service.
Upload, post, email, transmit
or otherwise make available any content or Information that you do not have a
right to make available under any law or under contractual or fiduciary
relationships (such as insider information, proprietary and confidential
information learned or disclosed as part of employment relationships or under
Upload, post, email, transmit
or otherwise make available any content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights of any party; upload, post,
email, transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of
solicitation, except in those areas (such as shopping rooms) that are
designated for such purpose.
Upload, post, email, transmit
or otherwise make available any material that contains software viruses or any
other computer code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or telecommunications
Interfere with or disrupt the
service or servers or networks connected to the service, or disobey any
requirements, procedures, policies or regulations of networks connected to the
You agree to indemnify and
hold the Company and its subsidiaries, affiliates, subsidiaries, officers,
agents, co-branders or other partners, and employees, harmless from any claim,
demand, liabilities, costs, damages including attorneys' fees, made by any
third party due to or arising out of the Information you submit, post, transmit
or make available through the Site, or from and resulting from your connection
to the Site, or resulting from your violation of these Terms, or resulting from
your violation of any rights of another, all whether done negligently or
The Site includes public areas that allow feedback to the
Company and interaction with third parties ("Forums"). The Company
reserves the right (which it may exercise at its full discretion without
notice) to delete, or edit user input and you waive any rights, moral or
otherwise that you have with regard to your input. The Company shall have the
right to use any Information posted by the user for any purpose that the Company
deems fit. We reserve the right to edit or remove any Information, either
exchanged or posted on the public domain, without assigning any reason.
The Company does not have any obligation whatsoever to
monitor, approve, endorse or exercise editorial control over any information
posted by users and does not therefore accept responsibility for or make any
warranties in connection with such information.
By submitting any Information to any Forums on this Site
you are granting the Company a perpetual royalty free, non-exclusive license to
reproduce, make available, distribute and sub-license your input in whole or in
part and in print or electronic form or in any other form.
Any Information or other
communication you transmit or post to this Site will be considered
non-confidential and non-proprietary. The Company will have no obligations with
respect to such Information or communications. The Company and its designees
will be free to copy, disclose, distribute, incorporate and otherwise use the
Information and all data, images, sounds, text, and other things embodied
therein for any and all commercial or non-commercial purposes.
You are prohibited from accessing, using, posting or
transmitting to or from this Site any unlawful, threatening, libelous,
defamatory, obscene, pornographic, or other material that would violate any
law. If you engage in any such activity the Company will have the right to
restrict or prohibit you from accessing or using the Site or the services being
offered by the Company.
The Company may, but is not obligated to, monitor or
review any sections on the Site where you transmit or communicate with each
other or post Information, including but not limited to chat rooms, bulletin
boards or other user forums, and the content of any such Information. We
reserve the right to edit, delete, remove any Information from the Site. You
waive all rights of privacy that they have in relation to any monitoring or
review done by the Company as regards any Information posted by you or as
regards any communication engaged in by you.
The Company will have no liability related to the content
of any Information posted by third parties, whether or not arising under the
laws of copyright, libel, privacy, obscenity, or otherwise.
Copyright in any software owned by the Company that is
made available for download from the Site ("Software") is the
property of the Company or the third party from whom the Software is licensed
as the case may be. The Copyright in any other Software not owned by the
Company vests with its respective owner/ proprietor. Your use of the Software
is governed by the terms and conditions of any license agreement that may
accompany or be included with the Software. You should not install any Software
unless you agree to the terms of the respective Software license. The Company
makes no representation or warranties in relation to these Software and you
will have to directly deal with the respective owner of such Software.
The Company shall have no liability for any Software that
may be downloaded by you from the Site or for any loss or damage arising out of
the use of such software and the Company will not be held liable for any loss
or damage arising out of such use or access of the Software.
The Company may provide hyperlinks to other internet
sites including of co-branders, affiliates, subsidiaries or partners. Since the
Company has no control over such sites and resources, you acknowledge and agree
that the Company is not responsible for the availability of such external Sites
or resources, and does not endorse and is not responsible or liable for any
content, advertising, products, or other materials on or available from such
Sites or resources. You further acknowledge and agree that the Company shall
not be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance on
any such content, goods or services available on or through any such Site or
The Company reserves the right to terminate any link or
linking program at any time. The Company does not endorse companies or products
to which it provides web links and reserves the right to note as such on its
Site. If you decide to access any of the third party sites linked to the Site,
you are doing this at your own risk and choice.
The Company do subscribe to Google Adsense and/or other
parties which delivers ads targeted to search results based on the content of
our sites webpage. The ads delivered by Google Adsense and/or other parties are
not controlled by the Company nor any of its affiliates. Ads delivered by
Google Adsense and or other parties do not constitute nor imply endorsement of
any product or service offered by the Company or any officers, employees nor of
any of its affiliates.
Users are recommended to make appropriate enquiries and
take appropriate advice before sending any money, incurring any expense or
entering into a binding commitment in relation to any advertisement on our
website. The Company shall not be liable to any person for loss or damage
incurred or suffered as a result of his/her accepting or offering to accept an
invitation contained in any advertisement on our website.
The information you provide about yourself to the Company
The Company does not make any
representation or warranty regarding the accuracy, completeness, and
reliability of the Information displayed, uploaded or distributed through the
Site. The Company is not responsible for any loss or damage resulting from any
inadvertent errors or omissions appearing on this Site and any user using
information contained on the Site does so entirely at his/ her own risk.
The Company makes no representation and warranty that the
Site is free from infection by viruses, worms or any other properties that has
contaminating or destructive properties.
Except for the warranties
expressly mentioned in these Terms, the Company excludes and disclaims all
warranties, conditions or statements, whether express, implied or statutory,
including, without limitation, the implied warranties of merchantibility,
fitness for purpose, title and/or non - infringement. The information from or
through this Site is provided on "AS IS" basis, and all warranties
expressed or implied, of any kind, regarding any matter pertaining to any
goods, services or channel, including
without limitation, the
implied warranties of merchantability, fitness for a particular purpose, and
non-infringement are disclaimed and excluded.
The Company will not be liable
for damages without limitation including damages for loss of business projects,
or loss of profit arising in contract, tort or otherwise from the use of or
inability to use this Site, including but not limited to direct, indirect,
incidental, special, punitive or consequential damages, from your use or
inability to use the Site or any content or information or from any action
taken (or refrained from being taken) as a result of using the Site or any
content or Information, regardless of whether the Company has been notified of
such damages. The Company does not assume any legal liability or liability or
responsibility for the accuracy, completeness, or usefulness of any
Information, apparatus, product, or process disclosed nor represents that its
use would not infringe privately owned rights. Certain links on the Site lead
to resources located on servers maintained by third parties over whom the
Company has no control or connection, business or otherwise. These sites are
external to the Company and by visiting these, you are outside the Site and its
channels. Neither the Site nor the Company endorses in any way nor offers any
judgement or warranty and accepts no responsibility or liability for the
authenticity, availability of any of the goods or services or for any damage,
loss or harm, direct r consequential or any violation of local or international
laws that may be incurred by your visiting and transaction on these sites.
Reference herein to any specific commercial products,
process, or service by trade name, trademark, manufacturer, or otherwise, does
not necessarily constitute or imply its endorsement, recommendation, or
favouring by the Company. The views and opinions expressed herein do not
necessarily state or reflect those of the Company, and shall not be used for
advertising or product endorsement purposes.
External web links to other sites are intended for
convenience of the users without having the endorsement of the Company. Use of
any logo for any company or entity outside of the Company is used for better
look and for your convenience, but its use is not meant to imply an official
endorsement of their product(s), services.
All the contents of this Site are only for general
information or use. They do not constitute advice and should not be relied upon
in making (or refraining from making) any decision. Any specific advice or
replies to queries in any part of the Site is/are the personal opinion of such
experts/consultants/persons and are not subscribed to by this Site.
RESTRICTION OF ACCESS/TERMINATION
If you violate any of these Terms, the Company may deny
you access to the Site and also disable any other user name and password
associated with you. This is in addition to any other remedies available at law
or equity including that of termination of the registration for the services
that you avail of.
The Company reserves the right to suspend or terminate
your access and use of this Site or registration, as the case may be, at any
time, without assigning any reason whatsoever, in addition to the reasons
stated in these Terms. The Company may exercise this right of termination, with
or without giving notice to you. You agree that the Company shall not be liable
to you or to any third party for any suspension or discontinuance of the
CHOICE OF LAW AND JURISDICTION
This Site is owned by the Company. The Company makes no
representation that the Information in the Site is appropriate or available for
use in places other than India. Further, you may note that access to the Site
from territories where the Information is illegal is prohibited.
Those who choose to access
this Site from places other than India do so on their own initiative and are
responsible for compliance with applicable local laws. You may not use or
export the Information in violation of Indian laws and regulations. Please
ensure that you fully comply with the laws of the country from where you access
The laws of India shall govern
any claim relating to the Information by any user without giving effect to any
principles of conflicts of laws. Any waiver or amendment of any of these legal
notices will be effective only if signed by the Company and the failure of the
Company to exercise or enforce any of these legal notices shall not constitute
a waiver of such right or provision. The Courts of Mumbai, India shall have
exclusive jurisdiction in relation to any dispute regarding the use or access
of the Site.
You may not assign, sub-license or otherwise transfer any
of your rights under these Terms.
If any provision of these Terms is found to be invalid,
the invalidity of that provision will not affect the validity of the remaining
provisions of these terms, which shall remain in full force and effect.
Failure by the Company to exercise any right or remedy
under these Terms does not constitutes a waiver of that right or remedy.
The Company shall have no liability to you for any
interruption or delay in access to the Site irrespective of the cause.
These Terms and any revision thereof constitute the
entire agreement between the Company and you with respect to the subject matter
hereof and supersedes and replaces all prior or contemporaneous understandings
or agreements written or oral regarding such subject matter.
UNAUTHORIZED ACCESS AND NOTIFICATION
You are responsible for the use of the Site and for
preventing any unauthorised use of your registration. You are under an
obligation to keep your password strictly confidential. If you believe that
there has been any breach of security such as the disclosure, theft or
unauthorised use of your user name and password, you must notify the Company
immediately at bhawanicable.com. The Company disclaims all liabilities in
respect of any such unauthorized access or use.
CONTACTING THE COMPANY
If users have any questions or clarifications about the
with the Company, please contact the company.
This policy covers how Bhawani Cable & Broadband
Services ("Company") treats personal information that the Company
collects and receives, including information related to your past use of the
Company's products and services. Personal information is information about you
that is personally identifiable like your name, address, email address, or
phone number etc.
INFORMATION COLLECTION AND USE GENERAL
The Company collects personal information when you
register with the Company , when you use the Company products or services, when
you visit the Company pages or the pages of certain partners of the Company.
The Company may combine information about you that we have with information we
obtain from business partners or other companies. The Company shall have the
right pass on the same to its business associates, franchisees without
referring the same to you.
When you register we ask for information such as your
name, email address, birth date, gender, zip code, occupation, industry, and
personal interests. Once you register with the Company and sign in to our
services, you become our valued customer.
The Company collects information about your transactions
with us and with some of our business partners, including information about
your use of products and services that we offer.
The Company can use information for the following general
purposes: to customize the advertising and content you see, fulfill your
requests for products and services, improve our services, contact you, conduct
research, and provide anonymous reporting for internal and external clients.
INFORMATION SHARING AND DISCLOSURE
The Company may share personal information about you with
other people under the following circumstances:
We provide the information to
trusted partners who work on behalf of or with the Company under
confidentiality agreements. These companies may use your personal information
to help the Company communicate with you about offers from the Company and our
We believe it is necessary to
share information in order to investigate, prevent, or take action regarding
illegal activities, suspected fraud, situations involving potential threats to
as otherwise required by law.
We transfer information about
you if the Company is acquired by or merged with another company under a
diffferent management. In this event, the Company will notify you before
information about you is transferred and becomes subject to a different privacy
The Company plans to display
targeted advertisements based on personal information. Advertisers (including
ad serving companies) may assume that people who interact with, view, or click
on targeted ads meet the targeting criteria - for example, women ages 18-24
from a particular geographic area.
The Company will not provide
any personal information to the advertiser when you interact with or view a
targeted ad. However, by interacting with or viewing an ad you are consenting
to the possibility that the advertiser will make the assumption that you meet
the targeting criteria used to display the ad.
The Company works with
vendors, partners, advertisers, and service providers in many different
industries and categories of business.
We reserve the right to send
you certain communications relating to the Company's service, such as service
announcements, administrative messages and the Company's Newsletter, that are
considered part of your account, without offering you the opportunity to
opt-out of receiving them.
The Company may update this policy and display the same
in their website without notice to you and such posting will be deemed to have
been read by you.
TERMS & CONDITIONS
T&C mentioned here consists of General Terms &
conditions ("GTC") & Product Terms and Conditions ("PTC")
along with "Acceptable Use Policy". The signing of Subscriber
Registration Form (SRF) shall make the T&C mentioned herein binding on the
subscriber. In case of any inconsistencies in the constituent parts of the
Agreement or disputes arising with regard to the interpretation of the terms
and conditions contained in the said Agreement, the following order of
precedence shall apply: (i) the SRF and the PTC (ii) the SLA, if applicable and
(iii) the GTC General Terms and Conditions ("GTC")
PRODUCT TERMS & CONDITIONS (PTC)
Provision of Service shall include
Delivery of the subscriber service within the 30 days
Assignment of Internet Protocol (IP) address for
accessing the internet
The IP address provided by the company shall only be used
for the purpose it has been provisioned
Use of Service - The Subscriber shall use the Service in
accordance with the Company's Internet Acceptable Use Policy ("Acceptable
Use Policy"). The Acceptable Use Policy shall mean the current version of
the Company's Acceptable Use Policy provided on its website (as may be changed
by the Company from time to time)
Subscriber / Customer Premise Service Equipment
Subscribers may use their own CPE. However, such CPE's
need to be approved by the company. Incase, of such CPE's:
No rental or security deposit will applicable
The company would not be responsible for maintenance of
When CPE provided by Company
Rentals/security deposit/charges as defined in the rate
plan shall be applicable
Manufacturing defects – No Charges to Subscriber
Repairs due to damage attributable to Subscriber –
The Charges shall be assessed by Company and invoiced to Subscriber accordingly
Minimum System Requirements/ configuration of PCs/Laptop
Intel P IV 2 GHz or higher
512 MB RAM
20 GB free HDD space
OS: Win 2K,Win XP, Win Vista
Ethernet LAN Card /Port (10/100Base T) with TCP/IP
support and or USB2.0 port on PC/Laptop
Browser IE 6.0 & above, Mozilla Firefox 3.0 &
above, Opera and Google Chrome browser
Exit Policy: In
case subscriber chooses to discontinue after signing the CRF,
But prior to service being provisioned due to inability
of Service Provider / Company to deliver service within agreed period, no
charges will be levied to the subscriber.(Standard delivery
But prior to service being provisioned due to inability
of Service Provider / Company to deliver service within agreed period, no
charges will be levied to the subscriber.(Standard delivery period is 7 days
from the date of clearance of the cheque; paid towards subscription charges.)
But prior to service being
provisioned due to decision of the subscriber, all one time charges such as
installation charges, activation charges, transactional charges charged as per
online payments made by customer etc will be forfeited
After service provisioning;
all one time, recurring charges will be payable as applicable.
Any refund , if applicable,
will be paid to the subscriber within 15 working days from account termination.
Account termination will be done on receipt of CPE in working condition and
settlement of all balance outstanding will be carried out in 3 working days
& communication would be made to customer through Emails.
Simultaneous logins are
allowed from a single location.
"Agreement" shall mean, unless otherwise
specifically provided for, the SRF along with the GTC and PTC duly executed and
accepted by the Company and Subscriber.
"Applicable Law" shall mean any law that
is applicable in a particular context and includes both Central and State
legislations as may be amended or repealed from time to time, including
specifically the Indian Telegraph Act, 1885, The Wireless Telegraphy Act, 1933,
and the Telecom Regulatory Authority of India Act, 1997, the Information
Technology Act, 2000 and any administrative, judicial and quasi-judicial
rulings and delegated legislation such as regulations, rules, guidelines and
notifications as may be issued by the Authorities from time to time.
"Authority or Authorities" shall mean
the Government of India, Ministry of Communications and Information Technology,
Department of Telecommunications (DOT), Telecom Regulatory Authority of India,
Telecom Dispute Settlement Appellate Tribunal, the relevant State Government,
or other statutory and local authorities, tribunals etc. as the case may be.
"Business Day" shall mean everyday
excluding Sundays and Company declared holidays.
"Charges" shall include all payments
under the Agreement which are due and payable by the Subscriber to the Company,
whether invoiced or not, inclusive of one-time, registration, testing and
installation, Service Equipment and Service rental, billing, network
service/feature change, transfer /shifting, reconnection, usage based charges
and Security as set out in the SRF and all other fees, rates, taxes, levies,
penalties and fines for and in respect of provision of the Service and
chargeable Service Equipment to the Subscriber pursuant to the Subscriber
applying for the Service as per the rates set out in the Tariff published by
the Company from time to time or any special rates agreed to be granted by the
Company, including charges for services availed through the Network on
"Due Date" shall mean the date
prescribed by Company in its invoice or statement of charges, on or by which
date the Subscriber shall make payment of the Charges whether invoiced or not.
"License" shall mean the license granted
by DoT to the Company to provide and operate Internet Services.
"Network" shall mean Company's telecommunications network through
which Services are made available. "Party" and "Parties"
shall mean, respectively, either or both of the parties to the Agreement.
"Provisioning Entity" means any entity
or affiliate providing a Service to Subscriber other than the Company, which
may be a subcontractor of the Company, including licensed carriers or service
providers in territories where the Company is not licensed to provide the
"Purchase Order" ("PO") shall
mean the Subscribers documents, if any, by which the Service may be ordered
from the Company.
"Security" means a cash deposit,
director's guarantee, parent company guarantee, credit card payment, direct
debit guarantee or bank guarantee or any other valid security or any
combination of these as determined by the Company.
"Service" shall mean the Service
subscribed to, by the Subscriber as indicated in the SRF.
"Service Activation Date" means, the
date on which the Subscriber commences use of the Service or when the Service
is activated, whichever is earlier.
"Service Equipment" means the equipment,
systems, cabling and facilities provided by or on behalf of the Company at
Subscriber Premises in order to make the Service available to the Subscriber.
"Service Contract Period" means, the
minimum committed subscription period subscribed to, by the Subscriber for
provision of the Service as set out in the SRF.
"Subscriber" shall mean any person,
association of persons, company, proprietary concern, partnership firm or any
other entity that has subscribed for the Services under the SRF and includes
their respective heirs, executors, administrators, successors, permitted
assigns, holding, subsidiary and group companies and sister concerns.
"Subscriber Premise Equipment" or
"Customer Premise Equipment (CPE) " means the existing equipment, systems,
cabling and facilities of Subscriber or provided to the Subscriber by any third
party, which is required for Service provisioning and used in conjunction with
the Service Equipment in order to avail of the Service.
"Subscriber Premises" shall mean the
location /or Service Installation Address of the Subscriber as provided in the
SRF where the Service is provided and the Service Equipment is installed.
"Tariff" shall mean the commercial plan
or tariff schedule offered by the Company, including but not limited to fees,
Charges, rates and related conditions as notified and published by the Company
from time to time, in respect of provisioning of the Services.
mean all taxes applicable (whether existing or new) on the Service and Service
Equipment, for which the Subscriber is being charged, including but not limited
to sales and service tax, VAT, withholding tax, entry tax, octroi, property tax
and other applicable taxes or duties.
Scope of Service
Delivery of Services- the
Company shall provide the Services to the Subscriber as per the CRF, subject to
the provisions of Clause 3, and 12 of the Agreement and the terms of License.
The Subscriber undertakes to accept and pay upon the Due Date for the said
Services and chargeable Service Equipment in accordance with terms of this
The Company shall use all
reasonable efforts to commence delivery of the Service on the Service
Activation Date, subject however to the fulfillment by the Subscriber of its
obligations as detailed in the Agreement.
The Company shall be entitled
to determine the most appropriate means of providing the Service, including
using a Provisioning Entity to deliver all or part of the Service and the
method, technology and route of delivery of the Service to the Subscriber.
The Company reserves the right
to vary, modify the Service at its sole discretion for technical, business or
any other reasons. If a modification to a Service has a material adverse effect
on the functionality of that Service, Subscriber may notify the Company in
writing of the existence and nature of such effect.
The Company may at any time,
substitute or change the configuration or routing of its Service Equipment used
to provide the Services.
The Service Equipment provided
hereunder are provided on an "as is" basis and the Subscriber's use
of the same is at its own risk. The Company does not make and hereby disclaims,
any and all other express/implied warranties, including but not limited to
warranties of merchantability/quality, fitness for a particular purpose, title
and non-infringement and any warranties arising out of the course of dealing,
usage or trade practice.
The Company may temporarily suspend whole or part of the
Service at anytime without notice, if the Network fails or requires modification
Provision of the Service to the Subscriber shall be
subject to the terms of the License and the Agreement or any other special
terms and conditions of a Provisioning Entity.
The Company reserves the right to use any surplus capacity
in the Service Equipment or Network to provide services to any other
Service Quality- during the Service Contract Period, the
Company shall endeavor to maintain commercially acceptable levels of Service availability
and ensure that the Subscriber is not prevented from making use of the Service
as a result of any deficiency or problem in the Network.
The Company may enter into a separate service level
agreements with the Subscriber, provided that all other parameters not covered
in such agreements are governed by the terms and conditions of this Agreement.
functionality, availability or reliability may be affected and the Company
shall not be liable for such disruptions/ interruptions/ deficiency in case
they are due to the following reasons:
Planned repairs, modifications
or maintenance notified to Subscriber in advance,
Unauthorized changes to
Service Equipment or CPE made by Subscriber without notifying the Company,
Any fault in equipment other
than Service Equipment or a fault arising from outside the Network,
Suspension of Service by the
Company as per Clause 8, Force Majeure Events,
Any fault in or damage to
Service Equipment or Network or components thereof for reasons beyond the reasonable
control of the Company, Refusal by Subscriber to allow testing or repair of
Service or Service Equipment and use by Subscriber of the Service on an
impaired basis, including refusal to allow access to Subscriber Premises to the
Company personnel, Failure in providing stable power and the other
infrastructure required for Service Equipment and/or Subscriber Equipment, Subscriber
scheduled maintenance, Any complaint by the Subscriber which the Company, after
due investigation, finds to be without any basis. The Subscriber shall pay all
reasonable costs incurred by the Company in investigating and remedying any
Service difficulty which is attributable to: the negligence, act, omission,
breach or fault of the Subscriber or its agents, or the failure or malfunction
of CPE that connects to the Service as and where applicable.
In the event of there being any deficiency in the
Services or Service Equipment, the Subscriber shall within a period of seven
(7) Business Days from the occurrence of the deficiency notify the Company, and
thereupon the Company shall endeavor to rectify the same in a reasonable period
of seven (7) Business Days.
This service is governed by the provisions of Indian
Telegraph Act, 1885, Indian Wireless Telegraphy Act 1933 and Telecom Regulatory
Authority of India Act 1997 as modified or replaced from time to time.
Any Wi- Fi connectivity deployed by subscriber will be
activated only after it is registered for centralized authentication system of Bhawani
Cable & Broadband Services.
If the subscriber uses this
service for internet telephony, then only the following will be permitted:
Service to process and carry voice signals offered through public internet by
use of Personal computers(PC) or IP based customer Premise equipment (CPE) connecting
PC to PC ; within or outside
India PC /a device / adapter conforming to standards of International agencies
like ITU, IETF etc; in India to PSTN/PLMN abroad Any device /adapter conforming
to standards of International agencies like ITU,IETF etc; connected to ISP node
with static IP address to similar device/adapter; within or outside India Addressing
scheme for Internet telephony shall only conform to IP addressing scheme of
Internet Assigned Numbers Authority (IANA) exclusive of National Numbering
Scheme/plan applicable to Basic/Cellular Telephone service. Translation of
E.164 number/private number to IP address allotted to any device and vice
versa, to show compliance with IANA numbering scheme is not permitted.
Subscriber acknowledges that VoIP will not be used in any form other than what
is permissible under the Internet services license. Subscriber acknowledges
that the IP given will not be used for terminating VoIP calls on domestic PSTN