TERMS AND CONDITIONS OF
AIRFIBER NETWORK : Airfiber Broadband services are
offered by Airfiber Networks Private Ltd. (Airfiber)., having its Registered office
at #79/1, Taluk Office Road, Near
Vasanth & Co, Hosur -635109, CIN:U74999TZ2015PTC021913.
All service offered under this initiative shall
be referred to as being offered by “Airfiber†Operations†or simply by
“Airfiberâ€.
The Terms and Conditions stated herein below
form an integral part of the accompanying “Subscription Form†and govern the
provision of the services by Airfiber , pursuant to the said subscription Form.
1.
"Customer"/"Subscriber"
means any person who avails the service(s) offered by Airfiber. The term
"person" stated above includes individuals, partnership firms,
proprietary concerns, body corporate, housing societies, association of persons
or body of individuals and other artificial juridical persons.
2.
"Service" in
general includes all the services that Airfiber offers, markets, maintains and
supports as of date and all updates and upgrades that Airfiber may offer to the
Subscriber under the Airfiber initiative.
However, service in relation to the Subscriber shall mean and cover only those
services, which the Subscriber has specifically availed for.
3.
The Terms and Conditions
herein, published by Airfiber from time to time shall constitute and will be an
integral part of the agreement between Airfiber
and the Subscriber with respect to the service. Airfiber reserves the right to change any or all
aspects of this agreement, operating rules, usage guidelines, prices governing
the service, service plans,pricing structure and product/service policies at
any time without prior intimation to the Subscriber in specific. The Subscriber
acknowledges that it is his/her sole responsibility to appraise himself/herself
of the Terms and Conditions, as amended from time to time as published on the
Website Terms of service and agrees to abide by the same.
4.
The Subscriber registration
must be done with complete and correct details such as name, address, telephone
number and e-mail address, etc. In case of any change, the same should be
updated by the respective Subscriber without fail or delay, failing which
Airfiber reserves the right to terminate
the service and close the account without any obligation to refund the
Subscriber's account balance.
5.
The terms of service
published on the Website Terms of service shall override all standard
terms and conditions.
6.
Airfiber Operations shall
provide service to the Subscriber, in accordance with the Terms and Conditions
then in force and as amended from time to time.
7.
The charges towards services
subscribed is payable in advance and is non-refundable. All taxes, duties or
any other levies of any nature whatsoever, payable for the services, shall be
payable by the Subscriber in addition to the charges towards availed services.
8.
Airfiber will put in best possible efforts and strive
to maintain the maximum possible uptime of the service. However, Airfiber will not be responsible for downtime of
service due to reasons beyond its control. (Force Majeure). "Force
Majeure" means events like Acts of God, war (declared or undeclared),
riots, civil commotion, revolutions, hostilities, strikes, epidemics,
accidents, fire or any other cause similar to the kind enumerated or equal
force not within the control of Airfiber
and renders impossible the fulfillment of this Contract.
9.
The Subscriber also acknowledges
and accepts that in the very nature of the services to be provided, there can
be a number of factors affecting the services provisioned, and the obligation
of Airfiber shall be limited to provide
the services, on best endeavor basis.
10. Airfiber shall not be liable
to the Subscribers for any loss, expense or damage of any kind arising due to
the performance of Airfiber obligations
under this contract or arising from disruption, interruption, suspension or malfunction
of the service for whatsoever reason.
11. Airfiber shall not be
responsible for any loss or damage which may occur resulting from the use of
any third party software which may be optionally provided to enhance user
experience. Any support that is needed, has to be availed from the respective
software vendors/companies. The Subscribers have a free choice in regard to the
usage of such software.
12. Airfiber will be responsible only for carrying data packets and is
not responsible for its nature or content. The Subscriber guarantees that the
service will be used for genuine purposes only and will not be used for any
immoral or unlawful or socially unacceptable purposes as stipulated from time
to time by Government of India.
13. The Subscriber hereby undertakes to fully defend, indemnify and hold
Airfiber, its employees, directors, officers, agents, partners, affiliates and
their successors and assignees from and against any and all liabilities,
damages, losses, costs and expenses, including attorney's fees, caused by or
arising out of claims based upon his/her use of Airfiber Services, including any claim of libel,
defamation, violation of rights of privacy, loss of service, loss of profit,
loss of opportunity, loss of business, loss of revenue, wasted time, wasted
costs, indirect, incidental, special or consequential loss arising out of or in
any way connected with the use of Airfiber
Services and any other indirect or consequential loss howsoever arising.
14. The Subscriber hereby confirms that all information provided by him
in respect of his/her use of Airfiber
services is true and accurate to the best of his/her knowledge and
belief. The Subscriber is solely responsible for the security of his/her
password and for all transactions undertaken by him using his/her password
through Airfiber Website http://login.airfiber.co.in/customer_portal.
The Subscriber acknowledges and accepts that considering the nature of the
service, there will be a need to change the password from time to time to avoid
misuse and to maintain secrecy. The Subscriber hereby confirms that he is the
authorized holder of the credit card/Debit Card or is the original account
holder used in the transactions he makes using the Airfiber web site and he alone uses the "ID"
and "Password" he has created in the site. if any, related to
Airfiber service(s). Airfiber shall not be responsible for any financial
loss, inconvenience or mental agony resulting from any unauthorized use /misuse
of the Subscriber's User-ID/Password/credit card number/account details number
for making online payments on the Airfiber
Web site.
15. The Subscriber shall not distribute, transfer, re-assign, sell
and/or offer or promote the service to others or otherwise share the services
with others without the express authorization of Airfiber Networks Pvt LTD.. In
accordance with the terms of ISP license, Airfiber reserves the right to inspect the Subscribers
premise at all times to ensure that the subscribers adhere to the terms of
service. If the Subscriber is found in default in complying with the said terms
of service, Airfiber reserves the right
to terminate the services immediately and shall not be held liable for any
refund or compensation thereafter. The Subscriber shall not do anything that is
detrimental to Airfiber's interests.
16. Airfiber shall have the right
to terminate the services, without any prior notice to the subscriber, in the
event of breach of these terms and conditions on the part of the
Subscriber.Airfiber and the Subscriber shall also have the right to terminate
this Agreement at any time by giving 30 days prior notice by way of general notification
or publication or changes suitably made in the website www.airfiber.in without
the need to assign any reason for such termination. In the event of such
termination by Airfiber, the subscriber shall be entitled for refund of the
proportionate part of the charges paid for the unutilized period of service.
However,Airfiber shall not be liable to
re-fund any amount if the termination is by the Subscriber or for breach or
failure on the part of the Subscriber.
17. The Subscriber acknowledges that the service is provided on "as
is and available" basis. Airfiber, its employees, agents, suppliers,
vendors and distributors make no warranty of any kind, either expressed or
implied, unless explicitly granted to the Subscriber by way of service level
agreements, regarding the quality, accuracy, or validity of the data and/or
information available on its systems, or residing on or passing through its
interconnecting networks, or that the service will be uninterrupted or error
free. Airfiber expressly excludes any implied warranty of merchantability or
fitness and any service guarantees granted to the Subscriber shall be limited
for the cause and period of such agreement.
18. Airfiber and the Subscriber hereby agree that this agreement
together with the operational rules, usage guidelines and other terms notified
by Airfiber shall constitute the complete Terms and Conditions between them and
there shall be no addition, modification or deletion to these Terms and
Conditions unless it is so agreed in writing and signed by both Airfiber and
the Subscriber.
19. Telephony on Internet is permitted to a limited extent i.e. (I) From
PC to PC within or outside India (ii) PC in India to telephone outside India
(iii) IP based H.323/SIP terminals connected directly to ISP nodes to similar
terminals within or outside India. The Subscriber shall strictly comply with
the above. A violation of the same shall be treated as breach of agreement. The
Subscriber hereby indemnifies Airfiber of any consequences arising out of such
usage of this service.
20. It is illegal to terminate Internet telephony calls to any public
telephone number (PSTN, ISDN, PLMN, etc.) in India, irrespective of whether the
same originates in India or abroad and a violation of this clause shall be
deemed as breach of agreement.
21. The Subscriber agrees that the broadband service is a single PC connection.Airfiber
shall not be responsible for any downgrade of service due to re-distribution by
the Customer. Any re-distribution or sharing of this service without prior
authorization of Airfiber shall be
treated as unauthorized infringement of network privacy and shall be dealt with
as per prevailing cyber-crime and criminal laws, and the Subscriber shall be
held fully and solely responsible for any costs and consequences.
22. Airfiber's entire liability for any failure or breach on the part of
Airfiber shall be limited to the refund of the unused portion of the charges
paid by the Subscriber towards availing the service. Airfiber disclaims all
warranties and conditions expressed or implied, including but not limited to,
implied warranties or conditions of merchantability, fitness for a particular
purpose with regard to the services offered and in no event Airfiber shall be liable for any other damages
including special, indirect or consequential damages, loss of profits, business
interruption whatsoever arising out of use or inability to use the services or
unavailability.
23. In using Airfiber service,
the Subscriber agrees to comply with all laws, regulations and rules applicable
and hereby fully indemnifies Airfiber
against any claims, losses, damages or consequences arising from
non-compliance of the subscriber to any applicable laws, rules and regulations
as per the terms of ISP license published by Government of India.
24. The Subscriber expressly acknowledges that the liability of
Airfiber is limited to the service
rendered by Airfiber shall not be liable
for any acts or deeds of the Subscriber outside the scope of this service.
25. The Subscriber hereby declares that he/she has read the Terms and
Conditions of service published in the Website at Terms of
service and the Subscription Form completely, and that he/she
unconditionally agrees to abide by them.
26. The Subscriber agrees that all the Terms and Conditions were
explained satisfactorily to him/her and has signed the agreement after
completely understanding the same.
27. The 'network' or 'network components' used by Airfiber to render the
Airfiber services, including but not limited to cables, switches and
un-interrupted power supply deployed by or on behalf of Airfiber is the
exclusive property of Airfiber, and the Subscriber shall not remove/re-locate
the same without prior written consent from Airfiber. Any attempt to violate or
violation of the same shall be deemed as a willful attempt to destroy
government property and the Subscriber shall be liable to be dealt in
accordance to the prevailing laws.
28. The Subscriber equipment, if provided by Airfiber during the period
of service or otherwise shall be the property of Airfiber unless fully paid
for, by the Subscriber and subject to suitable acknowledgment in specific
received from Airfiber towards the transfer of ownership of equipment.
29. Airfiber reserves the right to control/monitor the functionality of
the device provided to the Subscriber (if any), from its end, during the
service period.
30. In order to provide speed of connection of service(s) or otherwise,
Airfiber reserves the right to upgrade the service(s), without prior intimation
to the Subscriber as long as tariff remains unchanged for the service.
31. Services may be suspended in whole or in part at any time without
notice to the Subscribers if the network requires urgent modification,
maintenance or under the instructions issued by competent offices of Government
of India. Airfiber shall make all reasonable efforts to minimize the frequency
and duration of such events.
32. Airfiber reserves the right to conduct a survey to seek feedback of
the Subscriber on the service(s) provided by Airfiber.
33. Subscriber's Prepaid account will automatically get disconnected on
expiry of the validity period or the pack value whichever is earlier and the
Subscriber shall ensure that the account is active. Airfiber shall not be held
responsible for disconnection due to non-receipt of bill or non-receipt of
communication in regard to expiry of account. Airfiber shall charge a
re-connection fee for such disconnections.
34. Airfiber may be required to disclose any information or particulars
about the Subscriber to any authority, statutory or otherwise, including but
not limited to any debt collecting agency, security agency, law enforcement
agency, financial institution or bank and Airfiber reserves the right to comply
with, at its discretion.
35. The service is exclusively for the consumption of the Subscriber of
the service. The Subscriber re-distributing or sharing the service for
commercial intent is not permissible unless explicitly authorized in writing by
Airfiber. Airfiber reserves the right to inspect the Subscriber's premises and
disconnect the service without prior intimation, if the usage is found to be in
violation of the terms and conditions of subscription, the Subscriber's account
shall be closed and the balance of amount remaining to the credit the
Subscriber's account shall not be refunded.
36. The Subscriber acknowledges that spamming of e-mails is prohibited.
Spamming is the transmission of any form of mail that can be interpreted as
junk mail or mail generated via a distribution list, which the recipient has
not specifically requested. Airfiber reserves the right to block the
Subscriber's e-mail ID or even terminate the services in the event of breach of
this provision is reported against the Subscriber.
37. The speeds mentioned against various service plans are as
experienced using the Airfiber Network and cannot be accurately measured by
using other network hosted tools.
38. For enhanced security, the Airfiber Broadband User-ID as chosen by
the user at the time of registration, the IP address and the MAC address
(unique for each LAN Card) will be used separately or jointly for
authentication. This means that a User-ID can be used only from that user's PC
and IP address allocated to the user.
39. The Subscriber shall not use the service provided by Airfiber for
any illegal or unlawful purpose. The Subscriber shall at all times follow all
the rules & regulations laid down by the competent authorities from time to
time.
40. Airfiber reserves the right to accept or reject any Subscription
form without citing any reason for the same.
41. It shall be the duty of the Subscriber to protect and keep the
password protected, safe and secured.Online requests made by any Subscriber
shall be treated equivalent to the physical form of application and Airfiber
shall not be liable for any unauthorized online requests made on behalf of the
subscriber.
42. By agreeing to the terms and conditions of the service, it binds the
Subscriber and whenever and wherever applicable , his/her heirs, executors,
successors and permitted assignees and benefits Airfiber and its successors and
assignees.
43. Airfiber reserves the right to initiate appropriate legal
proceedings in case of breach of any of these terms and conditions by the
Subscriber.
44. Proprietary Rights to Contents: The Subscriber hereby acknowledges
that the contents in the Airfiber website,including but not limited to text,
software, music, sound, photographs, video, graphics or other material
contained in sponsored advertisements , through E-mails distributed and the
commercially produced information made available to him by Airfiber Website or by any third
party Website or contents therein, directly or indirectly accessed through
links in the Airfiber Website is the Intellectual Property Rights of the
respective owners of such contents . The Subscriber hereby agrees not to make
any unauthorized use of these contents.
45. Month is defined as 30 days.
46. Minimum speeds are guaranteed access speeds upto the gateway.
47. All time references in service definitions are made in "hh : mm
: hours" format.
48. Day checkout time is 00:00 hrs midnight.
49. Day means calendar day.
50. Charges for static IP address are extra.
51. All services are prepaid, On request Can be changed to Postpaid
52. Base package is a combination of service parameters which is
"Port Speed" and "Service(s)".
53. Base package re-definition is possible after expiry of validity
period of the current package. Change in base plan before expiry of validity
period will invite a fee of Rs. 50/- (excluding taxes) per such transaction.
The then current tariff for Port Speed and Service(s) shall apply for the
re-defined base package.
54. Tariff is subject to change with one month notice or expiry of
current validity period, whichever is earlier.
55. Tax and statutory regulations are subject to change without notice.
56. All services are subject to statutory regulations.
57. Subject to all jurisdictions from 8 Am to 11.30 Pm 365 days off-site
and support available.
58. Discounts are applicable only for usage-based-billing packages.
59. Discount amount will be credited to account along with the next
renewal.
60. No cash refunds against the discounts shall be possible.
61. In case of disconnection, discounts are forfeited.
62. Rounding-off shall be done only to the final figures.
63. Discounts are applicable before service tax.
64. Any credits, including discounts, will be credited to the
Subscriber's account only at the time of next renewal.
65. Un-interrupted Service Continuity : At the end of the validity
period of the current package, the subscription shall automatically get renewed
to the most recently subscribed package, provided there is sufficient account
balance to complete this transaction, failing which the Subscriber account
shall be deactivated. However, the Subscriber(s) can opt to stop auto-renewal
by requesting the Airfiber customer support services.
66. Money Validity : For deactivated accounts, which might have certain
un-spent balance, the account balance shall continue to be available for 6
months from the date of expiry of the subscription. If the user account is
re-activated within 6 months from the expiry of subscription, the previous
un-spent account balance remains available. After 6 months from the expiry of
subscription, the user account shall be treated as "expired" and any
un-spent account balance shall not be refundable.
67. Tariff plan for each service is published on the Website