Terms & Conditions

 

LEGAL

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.

 

DISCLAIMER

INTRODUCTION

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 Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages in this Site.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.

 

INTELLECTUAL PROPERTY

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 non-disclosure agreements).

 

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 equipment.

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 service.

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 otherwise.

 

 

DISCUSSION FORUMS

 

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.

 

USER UNDERTAKING

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.

 

SOFTWARE

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.

 

HYPERLINKS

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 resource.

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.

 

ADVERTISEMENT

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.

 

PRIVACY POLICY

The information you provide about yourself to the Company will only be used by the Company in accordance with its Privacy Policy as set out

 

DISCLAIMER

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 Service.

 

 

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 Site.

 

 

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.

 

 

ASSIGNABILITY

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

 

SEVERABILITY

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.

 

WAIVER

Failure by the Company to exercise any right or remedy under these Terms does not constitutes  a waiver of that right or remedy.

 

FORCE MAJEURE

The Company shall have no liability to you for any interruption or delay in access to the Site irrespective of the cause.

 

ENTIRE AGRREMENT

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 Terms or the Privacy Policy, the practices of the Company or their dealings with the Company, please contact the company.

 

PRIVACY STATEMENT

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 marketing partners.

 

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 the physical safety of any person, violations of the Company's terms of use, or 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 policy.

 

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.

 

 

 

CHANGES TO THIS PRIVACY POLICY

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 duration

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 ("CPE")

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 such CPE's

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.

 

GTC

Definition

"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 correspondent networks.

 

"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 Service.

 

"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.

 

"Taxes" shall 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 Agreement.

 

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 or maintenance.

 

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 Subscriber.

 

Service Availability

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.

 

Service quality, 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 the following:

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 network.

 

 

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