1.In this context unless the context otherwise requires:
Company means Asianet Satellite Communications Ltd. having its Registered Office at 2A, second floor, Leela Infopark, Technopark, Kazhakkoottam, Thiruvananthapuram - 695 581, its successors and assigns and all other entities involved in the provision of the Service.
The Price List and The Service Package means the schedule of charges for the Service, which the Company publish. Contract means the agreement between the Company and Customer incorporating these conditions, the Customer Application Form displayed and completed and the price List.
Customer means any person as defined under General Clauses Act 1899 who the Company makes this Contract with. It includes a person who is acting on or for behalf of the Customer.
Information means the visual, textual or other information published or otherwise made available (directly or indirectly) on the internet using the Service. The Internet means the global data network comprising interconnected network using TCP/IP (Transmission Control Protocol / Internet Protocol) The Service means the service provided by the Company whereby Customer can gain access to the internet and, where applicable, any Service and facilities which the Company provides and Customer uses in connection with the Service and which are invoiced to the Customer.
Voip means Voice over internet protocol. Service by which subscriber can make voice calls through internet.
CPE means Customer Premises Equipment used for enabling voip services. EMTA means Embedded Media Terminal Adapter. ATA means analog Terminal Adapter. Subscriber means a Customer who has purchased the voip Service from the Company. Third Party Content means all information, software and other content provided by any independent third party that can be accessed through or by virtue of the Service.
2 Company’s Price List contains explanations, notes and conditions, which form part of this Contract.
3. These conditions, the Price List and the Customer Application form annexed herewith and completed shall form part and parcel of this Contract between Customer and the Company for the provision of the Service.
PROVISION OF THE SERVICE
1.Company reserves the right to grant or not to grant the service to a prospective Customer subject to all material particulars being found correct on verification by the Company.
2. The contract shall run in concurrence with License Agreement between Department of Telecommunications and Ministry of Communications, Government of India and the Company for the operation of voip services subject to other terms and conditions of this contract.
3. Company agrees to provide Customer with the Service on the terms and conditions of this Contract.
4 The subscriber acknowledges that no unused talk time will be carried forward after the expiry of validity period of recharge voucher.
5 The Service is supplied for decent and lawful purpose only and without any express or implied warranties save for those warranties implied or imposed by Indian Law.
6 Customer has to give the Company in writing any information required as per statutory requirement for use of the Service as notified to the Customer from time to time.
7. The Service is provided on an AS IS and AVAILABLE basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title, non-infringement or implied warranties of merchantability of fitness for a particular purpose. No advice or information given by the Company its affiliates or their respective employees shall create a warranty. Neither the Company nor its affiliates warrant that Service will be uninterrupted or error free or that any information, software or any other material accessible on the Service is free of virus, worms, Trojans horses or other harmful components.
8. The Service remains Company’s exclusive property, Customer being licensed only during sustenance of this contract to use it to obtain access to the Service. At the end of the contract the right to use the Service ceases.
1. Cable Modem / Router and Network Interface Card are not part of the standard Service package and will have be to be purchased by the Customer.
2. Customer can use internet from any ISP. The quality of Voip service depends on ISP used by the customer. Since the Products may be transmitted through public Internet lines and the public switched telephone network ("PSTN"), there may be power outages or Internet service disruption and customer may experience some disruptions e.g. packet loss and delay which will interfere with the quality of communication.
1. Customer acknowledges and agrees that they will pay the Company the activation charge and other charges as and when they fall due as may from time to time be notified to Customer by the Company in accordance with this Contract. Customer also agrees to pay all applicable statutory taxes relating to the use of the Service by Customer.
2 Company shall not be liable to refund any amount to the Customer when the Service is 'down' or suspended.
3. Company reserves the right to revise the charges, Price List, Service Packages for the Service from time to time at its discretion, which will be binding on the customer.
4. Company supplies recharge vouchers through distributors. Customer can purchase recharge vouchers from distributors or retail outlets. Company will not replace or reinstate money paid for any defective vouchers to the customer.
5. It will be Customers responsibility to inquire about the talk time balance and validity in their account and recharge it with recharge vouchers. Company reserves the right to withdraw/suspend/terminate the Service partially or fully incase of not recharging the pin number before its life time.
6. All the terms and conditions of the Service Package plans and payments shall be notified by the Company from time to time by way of Service Packages and shall be binding on Customer. All the subsequent Service Packages/manuals/booklets etc., issued by the Company from time to time shall be binding on Customer.
5. USE OF THE SERVICE
Each Residential/Corporate subscription is to be used by one person only and is not to be shared with any other user (whether via a PBX, call centre, computer or any other means). Call centres should not subscribe Residential/Corporate and has to submit true copy of OSP license as proof.
Customer can use Personal Computers or IP based customer premise equipment (CPE) and connect the following with our Voip service: (a)PC to PC; within or outside India (b) PC in India to Telephone outside India (c)IP based H.323/SIP Terminals connected directly to ISP nodes to similar terminals; within or outside India.
Customer is responsible for and must provide all equipment necessary to access the Service. ATA or EMTA can be purchased from the distributors appointed by the company and the service of the equipment will be done by the distributor. Customer can also use CPE sold by any other party for which the company will not provide any service. Company reserves the right to disconnect or deactivate Customer's equipment or software at anytime without prior notice including in situations where the equipment or software is interfering with Company's other Services. Customer must comply with Company's requirements as regards access equipment and/or mode of access to and/or use of the Service.
Company reserves the right to amend any particular program, information or facility, which the Company provides or may provide through the Service. Customer agrees to abide by all applicable laws relating to the use of the Service and any Third Party Content. Customer must abide by generally accepted rules of conduct relating to proper use of Internet resources.
Customer has to pay Company interest free security deposit as and when specified by the Company. Company also reserves the right to ask Customer for advance deposit any time during the sustenance of this contract for use of Service and it shall be binding on the Customer.
Customer confirms and warrants that all the information supplied by the Customer while registering for the Service is true, complete and accurate in all respects.
Company reserves the right to verify the information given by the Customer in the application form and can also use the information through Company's authorized agent or representative to verify the data at the addresses given by the Customer or from any other independent source. Company reserves the right to use this information and data at its discretion.
Customer agrees to notify the Company immediately of any changes to the information Customer had given to the Company when registering for the Service, including any changes to Customer's account details by e-mail, fax, courier or registered post.
RESTRICTIONS ON USE
Customer is not allowed to resale the Service and the right to access is subject to limits and restrictions established by the Company from time to time.
If the Customer is a value added telecom service provider, Customer would require necessary permission/license from Dy. Director General (CS), Department of Telecommunications.
Company shall not be a party to any transaction including, without limitation, for goods, Service and/or Third Party Content, between the Third Party Content provider, etc. and the Customer.
In no event shall the Company or its employees be liable to anyone for any or any special, incidental or consequential damage arising out of or in connection with the use of (or inability to use) the Service, including, without limitation, damage resulting from or for loss whether direct or indirect of business revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect or consequential loss whatsoever, non-deliveries, or service interruptions whether attributable to any negligent act or omission of Company or of its employees or otherwise. No guarantee of end-to-end bandwidth on Internet is made.
Company will put in best efforts and strive to maintain the maximum possible uptime of the Service. However Company will not be responsible for action beyond its control. Customer acknowledges and accepts that in the very nature of the Service to be provided there can be number of factors affecting the provision of the Service and Company's obligation to provide the Service shall be on best endeavor basis.
Any termination of this Contract shall not affect any accrued rights of liability of either party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressed or by implication intended to come into or continue in force or after such termination.
Customer will be responsible and liable for and will indemnify the Company in respect of liability for any and all use of Customer's account and all actions and costs incurred and for all use of the service accessed through Customer's account or otherwise by virtue of the provision of the Service to the Customer including but not limited to claims for defamation, infringement of copyright or any other intellectual property rights and any breach or non-observance of any term of this Contract by the Customer.
VARIATION OF TERMS AND CONDITIONS
Company reserves the right to modify and amend this Contract, the Service, operating procedures or any of its Service fees, late charges and prices and may discontinue or revise any or all other aspects of the Service Company's sole discretion.
WITHDRAWAL SUSPENSION AND TERMINATION OF SERVICE AND TERMINATION OF CONTRACT
If the Customer commits breach of any one of the terms and or conditions of this Contract including timely recharges or if Customer's use of or action in connection with the use of the Service is inappropriate, in Company's sole opinion, with the continued use of and/or subscription of the Service, then Company may at any time, at Company's sole discretion and without prejudice to any other remedy available to it at law, either suspend Customer's access to and use of the Service until such breach is remedied or terminate this Contract and Customer's access to and use of the Service immediately.
Company may suspend the Service during Technical failure modification or repair or testing of the service network.
Company reserves the right to partially or fully withdraw, suspend or terminate the Service with or without notifying Customer in case Customer's payment instrument is returned unpaid to the Company for whatever reason by Customer's bankers.
Subject to Clause 11.1 the Company may terminate this Contract and the Service at any time by informing Customer by post, courier, electronic mail/or facsimile transmission.
Should the Company suspend or terminate the Service pursuant to Clause 11.1 Customer have no right to any data stored and the Company shall be under no obligation to make such data or any copies of its available to the customer in any form whatsoever. Should this Contract terminate for any reason whatsoever Customer data stored on company's facilities will be explicitly erased without prior notice.
Company reserves the right to appoint any agency and authorize the agency to do verification of information given by the Customer and collection on Company's behalf. In case of any incorrect information found in the application form given by Customer, Company reserves the right to partially or fully withdraw/ suspend/terminate the Service forthwith without any notice in that regard.
The parties to this contract may terminate this contract without cause and without prejudice to Company's rights as specified in this contract, by serving at least 30 days written notice on the other side.
If at anytime, during the continuance of the service, the performance in whole or in part, of any obligation under it shall be prevented or delayed by reason of war, hostility, Acts of the public enemy, civil commotion, sabotage, fire, flood, earthquake, riots, bomb-blasts, explosion, epidemic, quarantine, restriction, strikes, lock out, compliance with regulations, orders or instructions of any Central, State or Municipal Government or agencies thereof or any other Acts of God etc., Customer will not have any claim for damages against the Company in respect of such non-performance or delay in performance of the service.
The Company shall not be liable to the Customer in any manner whatsoever, for any delay or failure in providing the Service, if the same is related or connected, directly or indirectly, to any reason that is beyond the control of the Company. For this purpose, a matter beyond the control of the Company shall include, but shall not be limited, to the following:
Delay or disruption in the Service attributable directly or indirectly to the lines of the upstream gateway service provider
Delay or disruption in the Service attributable directly or indirectly to the directions of any Statutory and/or Regulatory Authorities : and
Delay or disruption in the Service attributable directly or indirectly to a change in law.
In the event of any question, dispute or difference arising out of provisions of the service, the matter shall be referred to the sole arbitrator appointed by the company. The Arbitration shall be governed by the Arbitration and Conciliation Act of 1996. The Arbitration proceedings shall be held in Thiruvananthapuram.
ASSIGNMENT AND TRANSFER
Company may assign this contract at any time and that will be binding on Customer.
This contract, the Service shall be non-transferable by Customer in nature and any private transfers effected by Customer shall not absolve Customer of its primary duty towards the Company for the charges levied pertaining to such particular contract/service. However, Customer may seek Company's prior permission in writing for intended transfer. In case of such permission being granted by the company. Customer shall be under an obligation to fulfill requisite documentation formalities and payment of charges as specified by the Company from time to time. Customers shall be liable and under an obligation to fully discharge its payable due till the date of such regularized transfer from the Company.
15. GIVING NOTICE
Save as specified in this Contract, any notice or other communication to be given by the Company under this Contract shall be in writing and shall be served by either e-mail, fax, courier or post at Customer address as specified in this Contract or as are notified by the Customer as per clause 6.3 above.
No refund is allowed.
If any term or condition of this Contract becomes or is declared illegal, invalid or unenforceable for any reason, such term or condition shall be divisible from this Contract and shall be deemed to be deleted from this contract. If any provision of this Contract is determined to be invalid the other provisions shall remain in full force and effect.
Neither the course of conduct between the parties nor trade practice will modify the provisions of the Contract.
The provisions of all obligations of and all restrictions on Customer will survive the termination of this Contract.
No failure or delay on Company's part to exercise any right or 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.
The laws of India govern the Contract and the Customer hereby submits to the jurisdiction of the courts of Thiruvananthapuram.
Call centre: For any assistance or complaint registration, subscribers can call our call centre on the 24 hours call centre number: 9388955500 or e mail to
or you can visit our website at www.asianetglobaltalk.in for details. You can also contact us on our Toll Free number 1800 425 4725.
Nodal officers: The details of our nodal officers are listed in our website http://www.asianetdataline.com/nodal.aspx
Appellate authority: The contact details of our appellate authority are mentioned in our website http://www.asianetdataline.com/appelate.aspx
COMPLAINT REDRESSAL PROCESS
Call centre: For any assistance or complaint registration, subscribers can call our call centre on the numbers mentioned above or can visit our website for details. You can also contact us on our Toll Free number 1800 425 4725. The call centres immediately on receipt of a complaint from a customer will register such a complaint in the CRM software and inform the customer the unique complaint number (docket number) immediately.
Nodal officers: If a complaint is still not resolved within 7 working days, the subscriber can approach the nodal officer with the docket number given by the call centre.
Appellate authority: If the complaint is still not resolved within the time limit of 10 days, the subscriber can approach the appellate authority for appeal in the required format in duplicate. The appeal form can be downloaded at http://www.asianetdataline.com/appelate.aspx or can be asked for from any of our offices. The appeal can be filed with three months of the expiry of the time limit given to the nodal officer.
These terms and conditions are subject to change. For the updated terms and conditions please visit our website www.asianetglobaltalk.com.