• Broadband - As defined by TRAI “An always on data connection having the capability of minimum download speeds of 512 kbps”.
• Connection - All activities associated with providing of Broadband/ internet to customer.
• CPE - Customer Premises Equipment to be installed for accessing the Internet.
• Customer - Subscriber agreed to avail Broadband.
• Customer Premises - Location of Customer for using internet service(s).
• Day, Month & Year-24 hours(from 0.00 hrs. and part of day). Month, a calendar month, start from first day and Year, a calendar year.
• Download - Means viewing/copying / receiving and also uploading any data from the internet connection provided by Service provider.
• GB/ MB- Gigabyte / Megabyte
• Installation - Connecting broadband service(s) to Customer's PC/Router.
• IP - Means Internet Protocol
• IP Address - Operation of Internet service requires IP address, which is at present 32 bit binary address.
• Message- Anything falling within clause (3) of S. 3 of Indian Telegraph Act 1885.
• GST, duties and other charges imposed by the authorities.
• Subscriber- Customer who avails broadband services from Service provider Network.
• TCP - Transmission Control Protocol.
• Service provider - Winux Communications Pvt. Ltd or its Franchisee.
• Subscriber to make application with photo identity, address proof and desired plan.
• On Application and after verifying documents & performing technical feasibility for providing service at the customer's premises,
Service provider shall provide broadband connection to the subscriber only on receipt of payment of desired plan.
• The service shall be provided from site nearest to the subscriber's premises.
• The subscriber shall obtain required permission from the society for putting up CPE and Switch board.
• The subscriber shall provide access to the person of Service provider for installation of connection and also when required.
• The instrument installed/provided for giving connection shall always be the property of Service provider i.e. Winux Communications Pvt. Ltd.
• PC/other device of subscriber receiving internet must have compatible software and hardware.
• Service provider shall send /transmit bills to subscriber at service premises or at such other address desired by the subscriber and may also send by email / SMS or by both.
• Irrespective of non-receipt of Bill/Intimation, it shall be the responsibility of subscriber to make the payment in time.
• The customer is required to pay the amount of the broadband plans taken by him in advance as per Bill and the said amount shall not be refunded.
• Service tax (18% GST) shall be payable as applicable.
• If amount is not paid by the due date, the service shall be discontinued without intimation and shall be renewed only after payment is made.
• After disconnection of service if the payment of plan amount are not made within 7 days, Service provider shall not be under obligation to restore the connection.
• After disconnection if payment is not made within 7 days, the service will be restored only on reconnection charges.
• The customer shall provide access to Service provider person to the service premises.
• The customer shall keep the passwords secret and not part with it to anyone.
• The customer undertakes not to misuse the internet or use for any illegal purposes.
• Service provider does not claim ownership of any material and/or contents that customer may publish, transmit and/or distribute using the service and/or receive from internet.
• Service provider shall make all attempts to provide uninterrupted service and to store the service as early as possible in case of interruption.
• Service is provided to customer alone and he cannot assign it to anyone.
• Customer shall use the service only for legal and bonafide purposes and it shall not be used for any illegal or anti-national activities.
• The service shall not be used to endanger the network infrastructure.
• The customer shall not send unsolicited messages and/or use prohibitory language. The customer ensures that he will not make and/or publish objectionable, obscene, pornographic message and/or communication and also shall not publish any message of communal violence and/or any other prohibitory, defamatory, vulgar and vituperative messages.
• The customer shall not adopt any hacking activities destroying network or internet sites and shall desist from putting unsolicited messages.
• The customer shall comply with the provision of Indian Telegraph Act 1985 and all such amendments and rules made there under.
• Service provider shall not be responsible for any material on internet received by customer.
• Service provider shall not be responsible anything bought and/or sold via internet.
• Service provider reserves right to disconnect the service if the customer found to be in violation of aforesaid terms.
• Service provider shall not be responsible for interruption in service in whole or in part or for any other obligation under it, for the reason of war, civil commotion, public unrest, sabotage, fire, flood, explosion, lock out or for any act of God and if prevented for the reasons beyond his control for that customer shall not be entitled to claim any damages from Service provider.
• Service provider shall make all efforts to provide uninterrupted services to the customer including linking, speed of data transmission however the service may be affected for the reason and factors beyond the control of Service provider such as temporary failure/malfunctioning of equipment, geographic, topographic, meteorological, disturbance in telecommunication network or other various reasons as the network is dependent on several external factors.
• Service provider shall not be responsible for data transmission between customer and Service provider server or for any inconvenience that may be caused for any of the above reason.
• Service provider shall not be responsible for nonuse of internet by customer during the contracted period.
• The service shall be suspended, discontinued and/or terminated on the following:
• For nonpayment of subscription amount.
• If the PC of customer found to be faulty affecting network of Service provider.
• After the contracting period is over unless the said is renewed.
• If customer assigns the service to third party.
• If customer is found to be in violation of telegraphic act.
• If customer is found to be in use of the service for illegal purposes and/or uses the service in violation of prohibitory services.
• Under instruction of Govt. Authorities.
• On written notice of customer for discontinue and/or terminating the service.
• After assigning reason for termination.
• The ownership of the equipment for providing service to customer including wiring shall always be a Service provider property and the subscriber shall not claim any lien, charge on any such equipment.
• The service provided by Service provider is on “AS IS and AVAILABLE” basis without warranties of any kind.
• Subscriber understands that internet may contain unedited materials including sexually explicit or offensive where Service provider has no control and accept no responsibility thereof.
• If any permission for installation of equipment is required or any society permission is required, the same shall be arranged by the customer.
• Contention ratio as per DoT is 1:20 however Winux Communications Pvt. Ltd/ Service provider is making attempts to maintain contention ratio at 1:8
• IP address shall be dynamic.
• Static IP can be assigned on payment on annual basis.
• Notice sent at the customer's premises shall be good service.
• Any Notice if required to be given, shall deem to have been received by subscriber after two days from the date of dispatch.
• Notice sent by email or through other electronic media shall be good service.
• Notice sent to company at its Registered office shall be good service.
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