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 Customer Registration Form/ Customer Application Form (CRF/CAF) shall make the T&C mentioned herein binding on the Customer. 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 CRF/CAF and the PTC (ii) the SLA, if applicable and (iii) the GTC General Terms and Conditions ("GTC")

CRF/CAF Terms and Conditions

Terms & Conditions

Broadband Internet access and other related services provided by “Balaji Infra Ray Private Limited” (hereinafter referred to as “(BIRPL)

1. For the purposes of these Terms & Conditions: -

• “Balaji Infra Ray Private Limited”, a company registered under the Companies Act,2013 and having its administrative office at 18-C/Block, Ground Floor, Span Megha Mall, Kheralu Highway, Visnagar-38431(hereafter referred to as “(BIRPL) which expression shall include its successor and permitted assignees) is engaged in the provision of Broadband internet access and other related services (hereafter referred to as “services”).

• “Services” means the services provided by (BIRPL) whereby Customer can gain access to the Internet through provisioned bandwidth and any value-added services offered along with the Internet plan

• “Bandwidth” means the amount of information that can be carried in a given period.

• “Customer” means any person as defined under General Clauses Act 1899 who is availing the “services” from (BIRPL) and acting for /and on behalf of the Customer

• “Equipment” means such hardware/software components and assemblies that are required to enable “services” to the Customer including but not limited to ONT, ONU, cable modems, Ethernet cards, splitters, ,optical cable and coaxial cable.

• “Internet” means the global data network comprising interconnected networks using TCP/IP (“Transmission Control Protocol/Internet Protocol”).

• “Information” means the visual, textual or other information published or otherwise made available to the Customers (directly or indirectly) on the Internet using the services provided by (BIRPL).

• “Third Party Content” means any and all information, software and other content provided by any independent third party that can be accessed through or by virtue of the services.

2. (BIRPL), reserves the right to verify the information, provided by the Customer in the application form, to use the same at its discretion and shall have the right to grant or refuse the Services to the Customer

3. Promotional Offers: When you are registering on our Services directly or through any of our franchisees for (BIRPL)’s Services, you are authorizing (BIRPL) or our partners to send you special offers, retention offers, or any kind of promotional SMS. If you don’t want to receive offer SMS, write to care@balajiinfraray.com or call us on +919537611100

4. The services being offered under this Contract are being provided as per the License Agreement between Department of Telecommunications and Ministry of Communication. The Customer acknowledges and understand that (BIRPL) for the operation of it services including Internet services is subject to other terms and conditions the Agreement between Department of Telecommunications and Ministry of Communication and extant laws and regulations as may be intimated by the DOT to (BIRPL) from time to time. The Customer clearly understand that the services may be terminated and / or suspended under directions from the Government of India and the competent authority under no liability of any nature whatsoever against (BIRPL)

5. (BIRPL) agrees to provide Customer with the Services on the terms and conditions of this Contract.

6. The Services are provided on an “AS IS and AVAILABLE” basis for decent and lawful purposes without any warranties of any kind

7. (BIRPL) does not guarantee error free services or that any information, software or any material accessible through services is free of viruses, worms, Trojans, horses or other harmful components and that the Customer shall not hold (BIRPL) responsible nor liable in any nature whatsoever for any loss of business or any other expense/s incurred due to occurrence of any such event.

8. The Bandwidth provisioned by (BIRPL) is a non-dedicated & shared bandwidth and may vary depending on upstream feed from Gateway Provider. Local Loop Provider and user load on the network/server/systems in accordance with TRAI guidelines on broadband speeds for home and small office Customers.

9. The Services provided, shall remain (BIRPL)’s exclusive property and on expiry / early termination of the contract, the Customer’s right to use the Services being provided shall cease.

10. The Customer is responsible for and shall at all times provide all access to the Equipment, necessary to access the Services, provided by (BIRPL). (BIRPL) reserves its right to disconnect or deactivate Customer’s access to Services without prior notice including situations where Customer’s Equipment or software is interfering with (BIRPL) other services.

11. Customer should use Cable Modem/Router, or any other equipment approved/supplied by (BIRPL) or by any of its associate/ subsidiary / group companies. The ownership of the equipment supplied by (BIRPL)/associate companies will remain with (BIRPL)/associate / subsidiary / group companies. In the event of termination of services, the equipment must be returned within 7 days to (BIRPL) in working / non damaged condition. For any damage to equipment provided by (BIRPL), repair/service/replacement charges will be assessed by (BIRPL) and recovered from Customer along with applicable taxes, as additional cost of provision to (BIRPL). (BIRPL) shall raise an invoice on the Customer for such repairs and the same shall be paid without demur by the Customer within 10 days of receipt of the invoice

12. The Customer shall permit (BIRPL) or its authorized representatives sufficient and timely access during any day of the week to verify/install/inspect the necessary ‘Equipment’ at the Customer’s premises. And shall give the Customer prior notice before any such verification / installation / inspection of Equipment.

13. (BIRPL) is merely a provider of Cable Modems/Routers or any other hardware that may be required to enable the Services. Such Equipment’s may carry such warrantees as provided by the Original Equipment Manufacturer. Hence, any and / or all expenses occurring due to damage of the Equipment, shall not be refunded by (BIRPL)

14. Customer agrees to pay (BIRPL) the installation, activation, subscription and other charges along with the statutory taxes and levies for the time being in force at the time of such payments as and when they fall due as may be notified by (BIRPL). In the event the Customer wishes to shift to a new location, delivery of connection will be subject to availability of (BIRPL) services in that area, feasibility and shifting charges shall be applicable

15. (BIRPL) will provide bill/invoice for the services subscribed at the contracted rate or such rates are notified on at contracted periodic intervals to the Customer by electronic means on the Customers registered email id. (BIRPL) will not be responsible for any delay or loss of such bill/invoice in transit. The Customer, in the event of non receipt of such bill/invoice shall appropriately enquire with (BIRPL) and pay the dues at contacted rates on or before due date. (BIRPL) reserves the right to withdraw/suspend/terminate the Services partially and /or fully with or without notifying Customer in case of non-payment of invoice/bill by the due date or in case Customer’s payment instrument is unpaid to (BIRPL) for whatever reason by Customer’s bankers. In case of discontinuation/disconnection of Service the charges/fees paid by the Customer earlier shall not be refunded under any circumstances. Any unutilized MB’s will not be carried forward or refunded on renewals. It is clarified that there shall be no refund (pro-rata / post – activation or otherwise) made by (BIRPL) to the Customers for any reason whatsoever including but not limited to the unutilized MB’s.

16. All payment must be made in full by the due date mentioned on the invoice/bill. Any delay payment by the due date will attract interest@2% per month. In case of dishonor of cheque, Customer will be liable to pay penalty of 2.5% per month of the subject to a minimum of Rs.150/ - per instrument and any other charges as may be applicable. This clause shall be applicable for postpaid Customer/s only.

17. Plans offered will be monthly, quarterly, half yearly and annual with prepaid or postpaid billing option. For plan change during the life cycle of prepaid Customers, amount for remaining period of service will not be adjusted against the new plan subscribed

18. Static IP (if provided) will be provided after submission of justification and network diagram indicating where it will be used. Static IP will be charged extra and shall be offered at the sole discretion and option of (BIRPL).

19. Value Added Services if provided by (BIRPL) through any partnerships will be governed by the respective terms and conditions including any End user license agreements

20. Reinstatement of services will require full payment of outstanding balance and other charges plus installation fees. It shall be (BIRPL)’s sole discretion to allow such reinstatement of the services manuals/packages/booklets etc., Issued by (BIRPL) from time to time shall be binding on Customer

21. Reproduction or distribution, publication, copying, downloading or exploitation of any Third-Party Content by the Customer will hold the Customer solely and completely liable for infringement of Copyright and /or any other applicable law. This shall survive termination / expiry of this Agreement between (BIRPL) and the Customer.

22. Customer is required to ensure that objectionable or obscene message or communications, which are inconsistent with the established laws of the Country, are not generated /sent by the Customer. Customer understands and agrees that the internet contains material, some of which sexually explicit or pornographic that may be offensive to some people and access to such material will be at Customer’s own risk. The Customer shall be solely and completely responsible for any such act which may be in violation of the Information Technology Act, the Copyright Act or any other applicable Law/s, Act/s extant laws. The Customer shall perpetually indemnity (BIRPL) in this regard. (indemnity clause to be added)

23. Customer agrees to notify (BIRPL) of any changes to the information provided by the Customer during registering for the services, by e-mail, fax, courier or registered post.

24. Customer is not allowed to share /resell/distribute/the Services provided by (BIRPL) in any manner.

25. If the Customer is a value-added telecom services provider, then the Customer must obtain necessary permission /license from Dy. Director General (CS), Department of Telecommunications, Sanchar Bhavan, 20 Ashoka Road, New Delhi -110001. Tel : 011 332 6255 / 303 2855 fax :332 7656. A copy of such permission / license shall be provided by the Customer/s to (BIRPL) within 7 days of receiving such permission / license.

26. (BIRPL) will put in best efforts and strive to maintain the maximum possible uptime of the Services. However (BIRPL) shall not be responsible nor liable for any downtime in the Services and offers no guarantee of end-to-end bandwidth on Internet, (BIRPL) may suspend the Services during Technical failure modification or repair or testing of the service network and shall not be liable to refund any amount to the Customer when the services are interrupted / suspended owing to causes and reasons beyond its control. BIRPL shall use reasonable efforts to inform the Customer of any such disruption of services. Termination of this Contract shall not affect any accrued rights or liability of either party nor shall affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force or after such termination.

27. The Customer shall in perpetuity fully indemnify and hold harmless (BIRPL) / associate / subsidiary / group companies against any and / or all claims, damages, suits, proceedings, actions, cause of action, award, liabilities, cost and/or expenses of any kind (including but not limited to attorney fees, defamation, infringement of any law, rules & regulation in force from time to time) arising out of any misrepresentation and/or fraud committed by the Customer/s, or actual or alleged breach of any terms of this Agreement by the Customer/s (including but not limited to breach of any representation and warranty provided by the Customer/s.

28. (BIRPL) reserves the right to modify and amend this Contract without cause and without prejudice to (BIRPL) rights as specified in this Contract, by serving at least 30 days written notice on the other side by informing by post, courier, electronic mail/ or facsimile transmission.

29. If the Customer commits breach of any of the terms and or conditions of this Contract, (BIRPL) may at any time at its sole discretion and without prejudice to any other remedy available under any law, either suspend the Services or terminate this Contract.

30. The Parties may terminate this Contract without cause any without prejudice to PEHSIL and there shall be no refunds of any nature whatsoever. Save as provided herein, (BIRPL) may at any time at its sole discretion and without prejudice to any other remedy available under any law, either suspend the services or terminate this Contract. There shall be no refunds of any nature whatsoever by (BIRPL) if such termination is due to reasons attributable to the Customer.

31. (BIRPL) may offer a part refund in case of termination request by Customer.

31.1 Post placing the order but prior to installation of equipment’s – 100 % subscription amount paid by Customer to be refunded.

31.2 Post placing the order, installation of equipment’s completed but services not activated - recurring charges will be refunded provided all equipment are returned by Customer in working condition. Penalty/damages will be deducted from the refund amount/ adjusted from security deposit (if any). One-time charges shall also be forfeited.

31.3 Post placing the order, line being installed and activated – all one-time charges and plan charges shall be forfeited / adjusted from security deposit (if any)

32. Neither the course of conduct between the parties nor trade practice will modify the provisions of the Contract.

33. The provisions of all obligations on Customer shall survive the termination / expiry of the Contract.

34. No failure or delay on (BIRPL) part of exercise any right to remedy under this Contract shall be construed or operate as a waiver thereof nor shall any single or partial exercise or any right or remedy preclude the further exercise of such right or remedy as the case may be.

35. Any correspondence by the Customer shall be sent by registered AD or by courier to: Balaji Infra Ray Private Limited,18-C/Block, Ground Floor, Span Megha Mall, Kheralu Highway, Visnagar-384315.