TERMS AND CONDITIONS

The terms & conditions mentioned here in shall form part of Subscriber Enrollment Form (SEF) overleaf signed by the Subscriber and shall be binding on him/her.

DEFINITIONS     
”DIL" –Data Infosys Limited
“DoT”- Department of Telecommunication
"Equipment" - Means a compatible internet equipment including Modem, Routers etc , independent or as part of any other equipment, whether owned by the Subscriber.

“Agent”- Nodes from where Subscriber is getting his connectivity for Services

"Subscriber”- Means any Subscriber or any person or legal entity, which subscribes to/avails of service from DIL.

"Services"-Means the services, which enable the Subscriber when using the Subscriber equipment to have Voice / data communication over the network and includes other additional/supplementary Services if any specially opted by the Subscriber.

"Network"- Means the DIL Network as operational from time to time in different states of India

“Tariff"- Means rates, charges payable by Subscriber for service provided and related conditions at which services may be provided including Deposits, Installation Fees, Rentals, Usage Charges and any other related fees or services charges and also the tariff shall have the same meaning as contained in Orders issued by the TRAl.

"TRAI" Telecom Regulatory Authority of India.
THE ENROLMENT PERIOD

The period of subscription shall commence upon DIL accepting, after due verification, the Subscriber Enrollment Form overleaf, duly-filled and signed by the Subscriber and shall run in concurrence with License Form, (including amendments thereto) unless otherwise terminated prior, for whatsoever reason between Department of Telecommunication, Ministry of Communication, Government of India and DIL for the operation of ISP /ITSP Service in India and shall be subject to all applicable laws, rules, regulations, notification, order, directions of the Government/Court/Tribunal/TRAI/lndia Telegraphic Act 1885, and shall further be subject to other terms of this form.

REPRESENTATIONS, WARRANTIES AND RESERVATIONS.
1.1 The Subscriber must pay to DIL the tariff charges. The tariff charges published and notified shall be governed by the rules and regulations as specified by TRAI from time to time and/or as specially specified by DIL. The Rules and Regulations of India Telegraphic Act 1885 (including amendments thereto from time to time) will be applicable to each Subscriber and in case of any Repugnancy, the said Rules/Regulations shall have over riding effect over such terms of this form.

1.2 Subscriber agrees that he is fully conversant with the Services and/ or additional or DIL supplementary Service provided by DIL together with its specifications, requirements, limitations etc. and has signed this form upon such understanding.

1.3 DIL reserves the right to seek/verify the particulars provided overleaf and/or financial information from independent sources and also carry out other verifications as deemed necessary.

1.4 DIL reserves right to reject any application, for any reason, without any liability whatsoever. Documents/ details submitted by Subscriber along with Subscriber Enrollment Form are subject to clearance/acceptance by DIL. In case of non-acceptance I rejections of documents, the refund wherever applicable would be made as per TRAI regulations from time to time. The information provided by the Subscriber / gathered by DIL shall become DIL property even if the application is rejected.

1.5 Once the subscriber has applied for the services from DIL and made any payment towards the same, then in any case of delays in the installation process required on part of the Subscriber including but limited to erection of required civil structure, purchase/ installation of required apparatus/ machines, DIL reserves the right to forfeit entire amount paid towards the subscription charges and Subscriber shall in no case be eligible to ask/claim any refund of the same.

1.6 Services are provided by DIL with the aim to give better speed and connectivity but DIL would own no responsibility in case of interruptions in the network which is beyond DIL’s control.

2 Providing the Service.

2.1 The Service shall be provided within a reasonable time of receipt and acceptance by the DIL of the Subscriber Enrollment Form. DIL will allocate a Userid and connect Subscriber equipment to the network and will use all reasonable endeavors to maintain in connection and provide Service throughout the Form period.

2.2 Service quality, functionality, availability and/or reliability may be effected, and/or DIL entitled to, without any liability including refunds whatsoever, refuse, limit, suspend, vary or disconnect the service, in whole or in part, at any time in its sole discretion, with respect to one/all Subscriber without any notice for any reason which is found to be responsible by DIL including, but not limited, to the following:

2.2.1 Government's /TRAI's rules, regulations, orders, direction, notification etc, including change thereto prohibiting and/or suspending the rendering of such Service or otherwise effecting such service directly, indirectly or consequentially.

2.2.2 Upon delay I non-payment of Bills beyond the due date or non-deposit of any fee charge or deposit, or any increase thereof, DIL reserves the right to totally or partially disconnect such Subscriber with or without any prior notice. Notwithstanding the fact that no notice is mandatory, call warning notified to the Subscriber on his telephoned number or any other verbal or written communication by DIL in this regard shall be construed as due notices. (In case of such disconnection, the Subscriber shall have to apply for reactivation of his connection, after having absolved himself of due payment. DIL reserves the right to charge for such reactivation at such rate as may be determined from time to time. It shall be the sole discretion of DIL to allow or refuse such reactivation without assigning any reason whatsoever.)

2.2. During technical failure, modification, up-gradation or variation, relocation, repair and/or maintenance of the systems/equipment.

2 24 To combat potential fraud, sabotage, willful destruction etc.

2.2.5 Any breach of this Form occurring due to acts  of God or circumstances beyond the control of DIL including insurrection or civil disorder, or military operations, national or local emergency, industrial disputes of any kind (whether or not involving DIL employees), fire, lightning, explosion, flood, inclement weather conditions, acts or communication of person or commission of person or bodies for whom DIL is not responsible or any Act, Regulation or Policy of the Government of India or State Government or any other Statutory Authority.

2.2.6 Transmission limitations caused by topographical, geographical, atmospheric hydrological and/or mechanical conditions.

2 2.7 If Services are used in any manner as violates any law, Rules/regulation (in force from time to time) or adversely affects or interferes the rendering of Services by DIL.

2 2.8 Interconnection failure between DIL and other service providers.

2 2.9 Any other reason, which is found to be reasonable by DIL warranting limiting/suspension/disconnection.

2 3 Userid remains the exclusive property of DIL and the Subscriber is authorized during the enrollment period to use it to avail the services. Upon termination of the service the authorization to use the Userid shall cease and DIL shall have the right to allocate the same to any other Subscriber.

2 4 Privacy of communication is subject to Government's regulations/direction (in force from time to time) any such other factors including but not limited to, matter relating to national security and defense.

2.5 Services & discounts.

2.5.1 DIL is entitled to add/alter or withdraw any additional supplementary Services and/or add/alter or withdraw any/all charge etc. relating at any time, in its sole discretion within the realm of TRAI guidelines/ License conditions. Provisions additional / supplementary Service shall be on such other/additional terms as specified by DIL from time to time and such additional terms/condition shall be deemed to be part and parcel of this Form.

2.5.2 All discounts or other special benefits scheme pertaining to the Service and/or additional/supplementary Service announced by DIL from time to time shall have a time limit as decided by DIL. DIL shall further have the sole right to withdraw/vary/extend any/all such discount and/or benefit at any time, withdraw any notice and without incurring any liability whatsoever in this regard whether directly, indirectly or consequently.

2.5.3 Its understood by the Subscriber that the scheme if any, opted by him may be withdrawn or extended by DIL at its sole at its discretion and that the Subscriber shall not have any claim or right in such eventuality.

2.5.4 Different plans / schemes shall have correspondingly different prize/charges/fees and terms conditions, all of which are subject to change by DIL from time to time.

2.6 Liability limitation.

2.6.1 DIL makes no express or implied warranties, guaranties, representations, all undertaking whatsoever regarding the Service/equipment etc., which are not expressly in this Form.

2.6.2 DIL shall not be liable to Subscriber and/or any person firm from body corporate claiming through, under or in trust for Subscriber and the Subscriber hereby waives and agrees to continue to waive all claim/action of any delays, losses including, but not limited to, loss to business, profit, revenue or goodwill demands fees, cost, expenses, order judgment, etc. direct incidental or consequential arising out of any delays, errors of defect or other failure with respect to the Service and all additional/supplemental Service, equipment or Billing payment or collection to the extend but such interruption, delay error or defect is a result of or reason covered in clause 2.2 hereof, further the Subscriber remains solely responsible for his own negligence, act or omission.

2.6.3 DIL will not be responsible for any acts of franchisees of any other third party with regards to scheme which are not authorized by DIL or which are purported to have offered on behalf of DIL without the letters explicit and specific sanction in written.

BILLING AND PAYMENT

3.1 The Billing cycle shall run on Yearly/Quarterly/monthly/fortnightly basis, whichever applicable or such other frequency as may be decided by DIL from time to time and the periodic bills be issued by DIL accordingly. DIL reserves the right to change the Billing cycle as and when deemed necessary. The Subscriber is responsible to pay his bill by the prescribed date as mentioned in the respective bill.

3.2 Out station cheque will not be accepted. However at the sole discretion of DIL, out station cheques, if accepted, may bear a charge as decided by DIL

3.3 All Subscribers own the liability for the cheques submitted against the Subscription. Any such cheque getting dishonored, may invite penalty on Subscriber as decided by DIL subject to and without prejudice to the legal (civil and criminal) remedies available to DIL under law.

THE SUBSCRIBER’S COMMITMENT

4.1 Subscriber shall pay his bills by the due date in favour of DIL as per the plan or scheme opted by the subscriber from time to time  It is the responsibility of the subscriber to inquire of his balance at the end of each billing cycle & settle the same even in case of non-receipt of bills by him.

4.2 Subscriber shall pay all the cheques in full, without any deduction, set-off or withholding in respect of all Services availed, whether or not authorized by Subscriber.

4.3 In case of any charges or disputes, Subscriber shall intimate DIL within two (2) days of receipt of bills and in case of non-receipt of such information by DIL the charges will be presumed to have been accepted. Subscriber shall all also pay full amount of disputed charges if any, pending settlement of disputes.

4.4 If the Subscriber Equipment is damaged, lost or stolen, the Subscriber shall inform DIL immediately. The loss of or inability to use the Subscriber equipment shall not absolve the Subscriber from his liability to pay charges on account of Subscriber Equipment.

4.5 Subscriber shall use Service only up to the limits of his respective credit(s)/deposit(s) and DIL shall be entitled to bar the availability of Services upon reaching and/or exceeding the credit limits/deposits.

4.6 The payment against Bills beyond the due date by the subscriber shall entail surcharge, or any such variable/fixed amount as may be decided by DIL from time to time, from the date payment becomes due till actual date of payment. In case payment is effected after due date applicable discount/benefit shall stand withdrawn for that bill. This however is without prejudice to the right of DIL to suspend or disconnect the Service partially or full due to non-payment. DIL reserves the right to verify the change of address.

4.7 It shall be the responsibility of the Subscriber to provide a computer in good condition having required configuration loaded with required licensed copy of softwares for using the services.

4.8 Subscriber shall deposit with DIL, as security deposit, such amount(s) DIL may determine from time to time. DIL reserves the right to forfeit/ adjust/ apply the said security deposit amount in full or in part satisfaction of any sum due from Subscriber to DIL at any time. Subscriber shall continue to be liable for balance, if any. No interest will be paid on the deposit. DIL reserves the right to cease amount of deposits /advance(s) etc. at any time in its sole discretion. DIL may call for advance/additional security deposit for VAS facilities and or any other Services made available to Subscriber on his/their request.

4.9 All taxes, present and future and additional taxes/cess/duties etc. that may be levied by Government/Local Authorities etc. with respect to Service provided under this Form will be charged to the Subscriber's account.

4.10 Subscriber is not authorized to use the Service for any unlawful, immoral, improper or abusive purposes, or for sending obscene, indecent, threatening, harassing, unsolicited message or message affecting/infringing national security for interest, nor create any damage or risk to DIL or its network and/or other Subscriber.

4.11 Subscriber shall comply with all applicable laws, bye-laws, rules, regulation, order, direction, notification, etc , of the Government/Court/Tribunals/TRAI and shall also comply with all direction issued by DIL which relate to the network the

Service, equipment, or connected matter and provide DIL with all information and co-operation which DIL may reasonably require from time to time.

4.12 Subscriber will be provided one login ID, unique password and private IP address for each subscription. The Subscriber must revalidate his subscription before expiration of validity period to continuously enjoy the Services. The Subscriber is responsible for the selection and use of security features, non-disclosure of personal login information and backup of any information. The Subscriber is responsible for all use of the Service accessed through his password. Disclosure or loss of login information resulting in misuse of the Service is the Subscriber’s responsibility and should be reported to DIL as soon as possible. DIL may charge additionally for resetting login password. DIL may also charge additionally for providing details of Internet uses. DIL will also charge additionally for visit of the official at the Subscriber’s premises.

4.13 Subscriber agrees to abide by any changes to the terms and conditions as mentioned herein that are made from time to time.

4.14 The Subscriber undertakes to indemnify DIL and keep it indemnified against any loss, damage, claim, cost, charges, expenditure incurred by or made against them due to misuse of the Services or otherwise whatsoever in the matter.

4.15 Subscriber should understand that he would be able to operate at desired speed subject to limitation of the access network.

4.16 While every effort is made by DIL to provide highest quality Services to is Subscribers, the Subscriber acknowledges that the linking quality and speed of data transmission is entirely dependent on the connectivity as may be permitted by DoT systems. Accordingly DIL shall in no event be responsible to the Subscriber in any manner whatsoever for any failure, defect, delay in connectivity or accidental loss of Subscriber with DIL network computers or for any inconvenience, damage or loss that may be caused to any one or any kind there from.

4.17 The Subscriber should contact the Agent for any problem related to the Services as it is Agent’s responsibility to provide connectivity up to Subscriber’s point and DIL is only responsible for providing connectivity upto Agent’s node.

4.18 The Subscribers are not allowed to use the Services for having any type of interconnectivity of voice and voice-cum-data networks including PBXs/PABXs/FAXs on these circuits. In case of violation the Services would be instantly terminated without any notice of confirmation to the Subscriber. In case of any violation the Subscriber is liable to be face legal proceedings under Indian Telegraph Act/ Rules.

4.19 Subscriber understands that the Internet contains unedited material, some of which are sexually explicit or may be offensive to some people. Subscriber accesses such materials at their own risk and DIL has no control over and accepts no responsibility whatsoever for such materials.

5. The procedure for metering of charges and shifting, transfer, closure, safe custody of Services etc. shall be such as may be determined, and varied, by DIL from time to time.

6. Except provided elsewhere, either party may terminate the enrollment by giving the other party not less than 30 days prior return notice in this respect but such a notice shall not absolve the Subscriber of  its liability to make payment of the amounts that may be due, outstanding as on date of termination. The Subscriber undertakes to pay for all usage made while he was a Subscriber, even if some of the usages are billed to him after he ceases to be Subscriber but pertains to the period when he was a Subscriber.

7. In case the subscription is cancelled by the subscriber, the security deposit will be returned after adjustment of dues if any. However in case the subscription is cancelled or been inactive before the expiry of 12 months from date of installation due to any reason whatsoever, entire security amount what so ever given by subscriber will be forfeited by DIL and subscriber will not reserve any right to claim the same back in any manner.

8. DIL Services will always be non-transferable. In any special case the Subscriber may seek prior permission in writing from DIL for seeking transfer. In case of such permission being granted, substituted buyer may be allocated a different ID after all requisite formalities having been completed. The primary Subscriber shall be liable and shall fully discharge his duties till the date of such regularized transfer from DIL The security received from original Subscriber will be adjusted/ transferred/ returned, (after deduction if any) as the case may be. If DIL is required to refund or return the security deposit to the original Subscriber the transferee in such an event would have to give fresh deposit to DIL as may be applicable or decided by DIL

9. DIL acceptance of payment from a person other than the Subscriber will not amount to DIL having transferred or subrogated any of the rights or obligations of the Subscriber to such third party.

10. All equipment, provided (but not sold) by DIL shall always remain the absolute property of DIL. The Subscriber shall only have the right to use the equipment or other equipment or other equipment/ accessories during the enrollment period.

11. DIL will test the equipment prior to its installation and the Subscriber shall certify its functionality at its premises at the time of installation. Thereafter DIL shall not be responsible for any defect/fault etc that is not expressly covered by the manufacturer's warranty of the equipment. Any such repair/exchange carried out by DIL for failure/defects shall be charged from the Subscriber as per DIL policy on the subject, from time to time.

12. The Subscriber hereby agrees and undertakes to return the equipment(s) immediately in proper condition on temporary suspension of service or disconnection for any reason referred to in clause 2.2 and/or determination/termination of enrollment for any reason whatsoever The Subscriber shall not claim any charge or lien on such equipment(s) even if any dispute is pending for resolution between the Subscriber and DIL. DIL shall have the right to forfeit the security deposit in case the equipment installed at Subscriber’s premises are not returned to DIL.

13 Subscriber shall neither shift the equipment nor transfer the same, in any manner. In case Subscriber fails to comply with the terms and conditions of enrollment DIL reserves the right to lift/ remove the equipment from the Subscriber premises and terminate the subscriber enrollment without any liability whatsoever on its part to DIL

14  DIL shall have the right to inspect the specified address of the connection and the Subscriber shall provide all facilities for the same.

15. Only service personnel so authorized by DIL in this regard shall be allowed to inspect and rectify the Equipment in case of any malfunction

AMENDING THE FORMS

16.1 DIL shall have the option to vary, alter or amend any term and condition forming part of this Form due to administrative and commercial compulsions or for any other reason considered necessary in the interest of business operation. Subscriber's continued use of services or payment of any Bill after DIL has issued such notice will constitute Subscriber's consent or approval to all such amendments.

16.2 The failure of any party thereto at any time to require performance by the other party of any obligation/provision of this Form shall not affect the right of such party to require performance of that obligation/provision subsequently: or any waiver by any party of any breach of any provision/obligation of this Form shall be constructed as waiver of any continuing or succeeding breach of any such provision, or waiver of the provision, itself or a waiver of any right(s) here under.

16.3 If any part of this Form is held invalid, the remaining provision will remain unaffected and enforceable, except to extent that DIL right/obligations under the Form are materially impaired.

OTHER MATTERS

17.1 Any notification required to be given by the Subscriber to DIL shall be given in writing and shall be deemed to have been delivered to DIL when it is actually delivered. Any notification required to be given by DIL shall be in such form as may be prescribed by DIL from time to time. If sent by post it shall be deemed to have been delivered within 48 hours of posting.

17.2 Where two or more persons constitute the Subscriber, their liability under the Form is joint & several.

17.3 DIL without notice may assign and/or delegate all/or parts of its obligations, right, and/or duties under this Form to any third party.

17.4 The Form binds the Subscriber and whenever & wherever applicable, his heirs, executors, administrators, successors, and permitted assigns, and DIL its succession and assign.

17.5 DIL shall not be liable for any act of commission or omission of any third party suppliers/ manufactures/including any agency/company offering any privilege or benefits to Subscriber.

17.6 The information provided overleaf shall be treated as part of parcel to this Form.

17.7 The headings are for convenience sake only, and shall not affect the meaning of the provision there of nor can the provisions be interpreted in the light of such headings.

17.8 Any disputes and differences arising between the subscriber & DIL will be referred to a sole Arbitrator to be appointed by DIL and will be subject to JAIPUR Jurisdiction. The provisions of Indian Arbitration and Conciliation Act would apply.