CHAMPARAN INTERNET PVT. LTD. (hereinafter referred to as “CHAMPARAN INTERNET”) any related service as Product provided by CHAMPARAN INTERNET The End User (“Services”) shall governed by terms &conditions herein. By activating the services, the End User, acknowledges receiving, reading and understanding this agreement and accepts the terms and conditions herein. End user acknowledges that is of legal age to enter into this Agreement.
TERMS AND CONDITIONS:
- The terms and conditions stated herein are in lieu of replace any and all terms and conditions set forth in any document issued by End User, including, without limitations. Purchase orders and specifications. Any additional, different, or conflicting terms conditions on any such document issued by end user at any time are hereby objected to by CHAMPARAN INTERNET and any such documents shall be wholly inapplicable to any sale made or service rendered hereunder and shall to be binding in any way on CHAMPARAN INTERNET No waiver or amendment to this contact or these terms and conditions shall be binding on CHAMPARAN INTERNET unless made in writing expressly stating that it is such a waive or amendment signed by an officer of CHAMPARAN INTERNET.
TERMS:
- The terms of this Agreement (*TERM*) begins on the date that CHAMPARAN INTERNET initiates the Services and continues for the duration of services period as defined by the service plan that is selected by the End User (*Plan*) At the end of the current term, the term is automatically renewed under the same terms and conditions for a like term as the term just ending unless the End User provides CHAMPARAN INTERNET prior to the end of the current term, notification of intention to terminate the service. The End User agrees to pay for the services for the duration of the term. Expiration of the term does not End User of responsible for paying all unpaid, account, and changes due hereunder. IF the End User choose to terminate the services the end of the current term, the End User will be immediately responsible for paying monthly service fee otherwise due for the duration of the terms.
SERVICES:
- The internet services provided by CHAMPARAN INTERNET are on as is, where is & as available basis. The quality of the internet depends on the network quality & CHAMPARAN INTERNET does not provide Guarantee or take any responsibility for the clarity of voice, connection times, uninterrupted call etc. CHAMPARAN INTERNET is also not responsible for any wrong numbers dialed & the same will be charges according to the plan. CHAMPARAN INTERNET reserves the right to its discretion, to limit or terminate access to certain destinations the security of the password & the User ID are the stole prerogative of the End User & CHAMPARAN INTERNET disclaims any responsibility of the same.
CHARGES AND PAYMENTS:
- End User is to pay all charges invoiced to the End User’s account including, but not limited to, initiation fees, and any other application charges, Monthly services fees are paid in advance of each month ‘s services and any other application charges are billed the end of each month’s service. Monthly service fees are initiated at the earlier of (i) the End User’s activation of the Service or (ii) 30 days after the End User’s purchase of the service and are prorated to take into account any partial month may occur as the result of the date monthly service fees are initiated.
LOST, STOLE, ALERTED OR BROKEN EQUIPMENT:
- End User shall not modify the equipment in any way without written the permission of CHAMPARAN INTERNET. End User shall not use the equipment except with the services provided hereunder. Except as otherwise provided for here under. End User is responsible for all lost, stolen or broken Equipment a shall pay CHAMPARAN INTERNET for any such lost, broken equipment an amount equal to the fair retail price the equipment minus any payment. End User had previously paid specifically for said equipment End user shall immediately notify CHAMPARAN INTERNET of any lost or stolen equipment and shall cooperate with CHAMPARAN INTERNET in all reasonable aspects to eliminate actual potential unauthorized use of the Equipment. AT CHAMPARAN INTERNET’s sole option, failure to report lost or stolen equipment in a timely manner will cause End User to be responsible for all service fees accrued until time the CHAMPARAN INTERNET is informed of the loss or theft and can affect termination of the services.
CREDIT:
- All shipment, deliveries, services and performance of work covered by this agreement shall at all time to subject to credit approval or review by CHAMPARAN INTERNET. End User will provide such credit information or assurance as it requested by CHAMPARAN INTERNET at any time. CHAMPARAN INTERNET in its sole discretion credit any time without notice.
PROHIBITED USER:
- Any End User of the service or any other action that causes a disruption in this network integrity of CHAMPARAN INTERNET or its vendor, whether directly or indirectly strictly prohibited and could result in termination of the Service and, End User understand that neither CHAMPARAN INTERNET not its vendors are responsible for the content of the transmissions that may pass through the internet and the services. End User agrees that it will not use Services in ways that violate laws, infringe the rights of other, or interface with the user, services or equipment of the network. End User agrees and represents that it is buying the Services and / or the equipment for its own interval use only, and shall not resell the services or the equipment or components of CHAMPARAN INTERNET’s SERVICES plan for residential subscribers. Such use shall not include certain activities including but not limited to any conferencing/ switching with any other telephone services including PSTN lines, GSM or CDMA mobile line auto dialing, continuous or extensive forwarding, continuous connectivity fax broadcasting, telemarketing or any other activity that would be inconsistent with personal residential and reasonable business use patterns.
RESTRICTION:
- End User agrees that the use of the services and/ or Equipment will be rusticated for personal, residential and reasonable business use ONLY. CHAMPARAN INTERNET reserves the right to immediately terminate or modify the service if CHAMPARAN INTERNET determines in its sole discretion that End User’s use of the services is non-residential commercial use.
TERMINATION & MODIFICATION:
- BIJIS INTERNNET reserves the right, as its sole direction =, to suspend, terminate or change the Service without advance notice for any reason, including without limitation, misuse of the Services in any way, End User’s breach of this Agreement End User’s failure to pay any subdue hereunder suspected fraud, or other activity by End User, that adversely affect the service CHAMPARAN INTERNET’s network other End User’s use of the Service. CHAMPARAN INTERNET reserves the right to determine, at its sole discretion, what constitutes misuse of the services End user that CHAMPARAN INTERNET’s determination is final and binding on End user. CHAMPARAN INTERNET may require an activation fee to change or resume terminate or suspended services. Any termination shall not prejudice the recovery of any outstanding form End User by CHAMPARAN INTERNET.
BREACH:
- In the event of an End User’s breach of the terms of this Agreement, including without limitation, failure to pay any sum due hereunder. End User shall reimburse CHAMPARAN INTERNET for all attorney court collection and other costs incurred by CHAMPARAN INTERNET in the enforcement of CHAMPARAN INTERNET’s rights hereunder the CHAMPARAN INTERNET may keep any deposit or other payment made by End User.
INDEMNIFICATION:
- End User agree to defend, indemnity and hold CHAMPARAN INTERNET, its affiliates and its vendors harmless form any claims or damages relating to the Agreement.
DISCLAIMER OF CONSEQUENTIAL DAMAGES:
- In no event shall CHAMPARAN INTERNET or its vendors be liable for any special, incidents, indirect, punitive or consequential damage or for any damage, including but not limited to loss of data, loss of revenue or profit or arising out of in connection with the use of inability to use service or product provided hereunder whether due to a breach or contact breach of warranty, the negligence or its vendors or otherwise warranty and liability limitations CHAMPARAN INTERNET make no warranties, express or implied, including but not limited to any implied warranties of merchantability or fitness of a particular purpose, Nether CHAMPARAN INTERNET nor is vendors will be liable for unauthorized access to CHAMPARAN INTERNET or end user’s transmission facilities or premise equipment or for unauthorized access to or alteration, theft or destruction of end user’s data files, programs, procedures or information through accident, fraudulent means or devices or any other methods regardless of whether such damage occurs as a result of BIJIS INTERNE’s has no liability thereafter.
COMPLIANCE:
- End User agrees to comply with INDIAN Laws concerning the transmission of technical data and other regulated material via the Services End agrees to comply with applicable local state and Central Government regulations governing the locality in which the equipment and Services are used. The End User is hereby notified that the Indian laws strictly do not allow any VoIP calls to be switched to any PSTN or any other Non-IP Telecom Network.
SOFTWARE COPYRIGHT:
- Any software used by CHAMPARAN INTERNET to provide copyright law and international treaty provisions protect the Service an any software provided to the End user in conjunction with providing the Services. End user may not copy the software or any portion of its except to create a backup or archival copy.
CRITICAL COMPONENTS:
- CHAMPARAN INTERNET’S equipment and services are not authorized use as critical components in life support devices or system without the express written approval of the president of CHAMPARAN INTERNET life support devices or system are those which are intended to support or sustain life and whose failure to perform can be reasonably expected to result in a significant injury to the user. Critical components are those whose failure to perform can be reasonably expected to cause failure of a life support devices or system affect safely effectiveness. CHAMPARAN INTERNET’s equipment and services do not support emergency functions and will not function in the absence of electrical power or proper network connection and function.
SURVIVAL:
- The provisions of section 10, 14, 15, 16, 17, 20 shall survive any termination of the agreement.
NOTICES:
- CHAMPARAN INTERNET communicates with End Users primary via mail, notices to End User shall be sent to the mail address specified by the End User at the time of registration for the Services or as subsequently specified by the End User (*e-mail address*) End User is responsible for notifying CHAMPARAN INTERNET if any mail Address changes. End User agrees that sending a message to the mail address is the agreed upon means of providing notification. The main address is used to communicate important information. The main address is used to communicate important information about the Services billing changes to the services and other information. The information is time sensitive in nature. It is required that the End User ready any email sent to the address in a timely manner in order to avoid potential interruptions in the Services provided hereunder.
FORCE MEASURE:
- CHAMPARAN INTERNET shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of God, fire, flood accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failure, late deliveries at its sole discretion.
ARBITION:
- Any disputes or differences between the End User & CHAMPARAN INTERNET shall be referred to a sole arbitrator nominated by CHAMPARAN INTERNET or its associates in accordance with the provision of Arbitration & Conciliation Act, 1996. This agreement is subject to jurisdictions of the Courts of Bettiah, Bihar - India.
ENTIRE AGREEMENT:
- These terms and conditions (but expressly not including any terms and conditions End User’s documents, including any purchase order) constitute the entire agreement with regards to this sale and expressly supersede and replace any prior or contemporaneous agreements, written or oral, relating to say sale. This agreement shall be binding upon the heirs, successors and assign of the parts here to.
RE-CONNECTION PROCEDURES:
- If customer does not renew his connection before date of expiry, Re-connections charges will be applicable.